Rte. 85 Realty Corp, (the applicant) has filed applications for major site plan review, and for a number of special permits, to construct a mixed-use development at 107-119 Main Street, 1 & 3 Elm Street, 0 & 26 Kelley Street, in the Central Business District under Section 10.3 of the Zoning Bylaw. The proposal includes a four-story apartment building with 267 residential units and outdoor amenities. There are separate commercial buildings for a bank with a drive-through, and a restaurant or retail building with drive-through lane The plans also show that the existing gas station will be redeveloped into a new gas station and convenience store. The plan also shows related parking and other features. Access will be from curb cuts on Main Street. No development or access is proposed for 0 and 26 Kelley Street. In addition to seeking a special permit under Section 10.3 for the mixed-development use, the applicant is also seeking special permits for redevelopment of an existing vehicle fuel station with convenience store; off-street parking placement; installation of a drive-through facility, reduction in affordable housing unit percentage; and outdoor amenity space approvals.

Major site plan approval is a means of reviewing physical site plan aspects of a proposed development, such as site layout, architecture, utilities, lighting, landscaping, open space and amenities, parking, traffic flow, access and egress, and other matters. Site plans are subject to Site Plan Regulations enacted by the PEDB, which can be found here: site_plan_rules_and_regs_final_5.9.2023.pdf Granting major site plan approval requires a majority vote of the PEDB.

Special permits are required for many uses under the Zoning Bylaw, including mixed-use developments in the Central Business District. Approval of special permits requires the affirmative vote of at least four members of the PEDB. The criteria for granting special permits is set forth in the Zoning Bylaw. For example, for mixed-use developments, the criteria for granting the special permit are found in Section 10.3.E of the Zoning Bylaw. The criteria for other special permits, such as for a reduction in the affordable housing unit percentage, are also found in the Zoning Bylaw.

The applicant has filed a Notice of Intent under the state Wetlands Protection Act, G.L. c. 131, §40, and the Town’s General Wetlands Protection Bylaw, Section 21 of the Town’s General Bylaws, seeking the issuance of an Order of Conditions. The applicant has also filed an application for a permit under Section 26 of the Town’s General Bylaws, Stormwater Management and Land Disturbance. These state and local laws and regulations are designed to protect our wetlands, which are a critical natural resource that provide wildlife habitat, flood control, and many other environmental benefits, and to control and treat stormwater to avoid impacts to abutting properties and town infrastructure.

The Notice of Intent is governed by the Wetlands Protection Act, state regulations enacted under the Wetlands Protection Act, found at 310 CMR 10.00 310 CMR 10.00: Wetlands protection | Mass.gov , as well as our local bylaw and regulations: Amended August 14, 2014 Grant of an Order of Conditions requires a majority vote of the Commission. The Land Disturbance permit requires a majority vote of the Commission, and is governed by Section 26 of the General Bylaws, as well as regulations enacted by the PEDB and Commission, found here: land_disturbance_rules_and_regs_approved_stamped_12.15.23.pdf

Finally, the applicant has applied for a permit under the Town’s Tree Preservation Bylaw, Article 31 of the Town’s General Bylaws. This Bylaw is designed to encourage developers to preserve trees within the applicable zoning bylaw setbacks where possible, and to provide mitigation in instances where mature, healthy trees are to be removed. It requires a majority vote of the Commission.

The DRC is a five member Committee appointed by the PEDB. Its role is to assist and advise the Planning and Economic Development Board, its applicants, and other town boards as may request such assistance, with regard to applications for subdivisions, site plans, special permits, sign permits, scenic road work permits, and other development proposals. The Design Review Committee’s recommendations are advisory and may include suggestions for modifications to proposed designs and conditions for approval of development proposals. The DRC is guided by the Town’s Master Plan and the Design Review Guidelines.

The water restrictions that are imposed each year (non-essential outdoor water usage prohibited from 9 a.m. to 5 p.m. starting May 1st thru Sept. 30th) are automatically required by Massachusetts Department of Environmental Protection (DEP),and are not related to the Town’s water pumping capacity. The Town currently has more than adequate capacity for this proposed development.

The Town has a Water Management Act Permit from DEP, which allows the Town to pump 1 million gallons of water per day. Currently, the Town pumps on average 740,000 gallons of water per day. The applicant has calculated, based on gallonage requirements found in DEP’s Title 5 regulations, that the proposed development will use an average of 52,580 gallons per day, which, when added to current usage, is still well within our pumping capacity.

In addition to setting the water pumping capacity, the DEP imposes certain conditions on the Town under the WMA Permit, requiring the Town to implement seasonal water restrictions. Some of these restrictions are so-called “calendar based” restrictions, which means that they apply every summer, regardless of changes in the Town’s average pumping per day, and regardless of rainfall. The current water restrictions are this type of calendar based restriction. These seasonal restrictions are intended to safeguard the long-term health of the Charles River aquifer. In addition to the “calendar based” restrictions, additional water use restrictions may be required based upon drought conditions.

Yes. The Town for a number of years has been cognizant of the need to limit increases in sewer flow in order to stay within established limits as a member of the Charles River Pollution Control District (CRPCD), a regional entity that treats sewage from Medway, Franklin, and, on a limited bases, a few other area towns. Medway’s total sewer flow capacity for CRPCD is .955 million gallons per day, and the Town is currently averaging .880 million gallons per day. The applicant has estimated the average daily sewage flow for the proposed development, based on Title 5, at 47,800 gallons per day, which, when added to existing average daily flows, is within the Town’s capacity. The Town will continue to take steps, such as identifying and repairing areas of inflow and infiltration to the sewer system, to assure adequate sewer capacity for the Town.

Buildings in the Central Business District are classified by the type of use, and then subject to dimensional requirements set forth in Tables in Section 9 of the Zoning Bylaw. The residential building has been classified as a Multi-family Building by the Building Commissioner/Zoning Enforcement Officer, and therefore is subject to the requirements for a Multi-family Building under Table 9.4.C.1.A of the Zoning Bylaw, which sets a maximum height of 4 stories/45 feet. “Building Height” is the vertical distance from grade plane to the average height of the highest roof surface, as shown in the following illustration found in the Zoning Bylaw.

Woodard & Curran, an engineering firm that has worked with the Town for a number of years on various projects, is the peer reviewer for the PEDB. It is currently reviewing the site plan, applications and other materials to determine compliance with the PEDB Site Plan Rules and Regulations and other applicable regulations, to prepare a written report to PEDB detailing all instances where the site plan is not in compliance against state and Town regulations and bylaws, and will be providing the PEDB with written comments, which will be made public and discussed at future PEDB public hearing sessions. It will also review the submittals for good engineering practices.

Woodard & Curran is working with Chappell Engineering, an expert traffic engineering firm, to perform the peer review of the Transportation Impact Assessment.

Please note that the peer review process is an on-going process. After Woodard & Curran provides its initial report, the applicant will be expected to respond. There will then be a public process whereby the applicant, the PEDB, our peer reviewer, and the public will have opportunities to participate.

The Conservation Commission is also using Woodard & Curran to peer review the applicant’s Notice of Intent and Land Disturbance/Stormwater permit application. Woodard & Curran will review the applications, plans, stormwater report, and other relevant information and provide a written report as to compliance with state and local laws, bylaws and regulations and good engineering practices. The Commission has hired a second firm, Eco Tec, Inc., to review the wetlands delineation of the site.