Mixed Use Overlay Committee
Updated: Thursday, January 28, 2010
As charged by the Board of Selectmen in the Town of Westminster, The Mixed Use Overlay Committee (MUOC) is responsible for the following:
1. Evaluate the viability and short-term/long-term benefits of a large mixed-use retail project off Simplex Drive.
2. In particular, evaluate the property tax and fee benefits from such a project and how it would contribute to defraying the costs of schools and municipal services. Work with Assessor’s office.
3. Evaluate the viability for industrial use at the site in a realistic assessment of market trends.
4. Evaluate the impacts of alternate uses, such as a 40B project, other industrial development.
5. Evaluate the tax contribution to the town of commercial uses contrasted with residential.
6. Evaluate the traffic and impacts on down town business. Traffic study may be needed.
7. Hold public meetings to discuss residents’ questions and objections.
8. Find the answers to all the questions that the public has asked in the meetings.
9. Review current bylaws and make recommendations on changes.
The Committee will meet two times per month for up to three months and report back with their findings and recommendation.
Meeting Minutes – October 28, 2009
Present: John Fairbanks, Joe Flanagan, Nicole Moorshead, Don Frigoletto, Bud Taylor, Linda Wiest
Absent: Wyn Paiste due to conflict with his other Town Board meeting and Andy Sears due to illness
Also in Attendance: Domenica Tatasciore -Town Planner, John Hume and Glenn Eaton from the MRPC
Call To Order: Bud Taylor called the meeting to order at 7:04 PM in Room 205 at the Town Hall. He established the agenda attached:
Don Frigoletto made a motion to accept the meeting minutes for September 30th. Seconded by Joe Flanagan – passed unanimously.
After review of the October 14th minutes Joe requested that we amend them to include the fact that Joe stipulated to the fact that the questions he had would be addressed in the upcoming fiscal reports, therefore he did not send the questions.
With that stipulation, John made a motion to accept the October 14th minutes. Seconded by Joe. Passed unanimously.
Report of the Chairman – Bud Taylor stated that he has had internal correspondence within the committee. He has had no outside correspondence. No action taken.
Report of the Town Planner – Dominica stated that she has reviewed the documents and submitted a report summarizing her position on the matter.
She agreed with the basic content of the reports from the MRPC, and stated that she had a past professional relationship with Mr. Scanlon and holds his opinion in high regard. Report attached.
Report of MRPC – John Hume went over the highlighted areas on the MRPC document that he suggests be added/changed. Document attached.
John Fairbanks made a motion to approve the report. Bud seconded. Passed unanimously.
John Hume proceeded to explain his position in the report. Notified the committee that the industrial growth in the state is down, and the potential for industrial development in the area is minimal at best. The census estimates that the residential growth for the town is extremely optimistic. Our growth rate is at 7% compared to the overall state growth at 2%. Larger cities have lost population, but most rural areas have grown. The potential for retail in these areas is optimal.
John stated that he reviewed the report as it pertained to the specific project on Simplex Drive. Further stated that it was a generic report that could be used for other potential projects. Dominica reviewed the report as an overlay proposal for Westminster as a whole.
After some discussion, the committee agrees that the specifics of any particular project be put in place as needed on a case by case basis.
Glenn Eaton stated that the town of Westminster pays the MRPC for their services. He advised the committee that they might have traffic studies for many areas in town that could be a very useful tool in reviewing the proposal. Normally those studies would not be requested until further along in the permit process. MRPC agrees to gather relevant studies and present them to the committee at a future meeting.
John Hume advised the committee that they have attorney Mark Goldstein on staff for review of documents such as this. Bud clarified that there will be no cost associated with his services.
John Fairbanks made a motion to have Mr. Goldstein review the relevant documents. Don seconded. Passed unanimously.
Mr. Eaton suggested that we have a market assessment done to determine the demand for retail, offices space, industrial and residential buildings. His opinion is that we will find that the industrial growth potential is not there, but the others are very viable.
Joe has several questions regarding the report. He will prepare them and forward them to Bud, and he will submit them to the MRPC for review and response.
Committee Reports
Linda submitted a report regarding the review of the tapes from the town meeting. Report attached. Nikki Moorshead made a motion to accept. Don seconded. Passed unanimously.
John & Joe submitted the report attached. We will all review and discuss at the next meeting.
Andy was not in attendance to report.
Bud – Report to follow.
Joe and Bud have tried to get someone to film the meetings for the MUOC. We have not had success at this point, but we will continue to investigate any options available.
Don made a motion to adjourn at 9:15. John seconded. Unanimously passed. Meeting adjourned.
Meeting Minutes - October 14, 2009
Present: John Fairbanks, Joe Flanagan, Nicole Moorshead, Wynn Paiste, Andy Sears, Bud Taylor, Linda Wiest
Absent: Don Frigoletto due to conflict with his other Town Board meeting
Call To Order: Bud Taylor called the meeting to order at 7:01 PM in Room 205 at the Town Hall. He established the agenda as follows:
a. Establish next step for the committee
b. Get answers to the impact questions
c. Distribute committee assignments
d. Establish utilization of the town planner
7:04 Bud Taylor stepped out to participate as a member of Advisory Board to make quorum possible for vote on emergency financial issues before the Advisory Board. Wynn Paiste assumed the Chair.
7:08 Andy Sears arrived from representing Recreation Commission before Advisory Board.
The committee acknowledged receipt of the Mullins report. Joe stated that he had multiple specific questions regarding said report.
John suggested that he compiles those questions and forward them to the committee for review.
There was discussion amongst the committee members regarding the fiscal impact of mixed-use overlay, and whether that should be the main focus.
Mr. Fairbanks noted that the main bulk of the tax revenue for the town was individual property taxes. The other minimal collections are through state aid, meal tax and excise tax, fines and fees. Currently the town collects approximately $50,000 in property tax on the proposed land at the simplex complex. The potential with development could exceed $1,000,000.00 according to the reports.
Mr. Sears pointed out that we need to assume the build out in order to realize the gain. There was then discussion regarding the town with the potential for residential development.
The new town planner was hired and today was her first day. She will most likely be present for the next meeting.
There was discussion regarding the fact that the proposed developer does not actually own the land in question. Andy stated that he has in fact seen the P&S agreement, but the execution was subject to the approval. There was some question about the status of such, and Mr. Fairbanks offered to contact the owners for an updated status.
Bud returned to the meeting at 7:35 and resumed Chair.
The meeting was refocused on the original agenda. The following committees were formed:
a. John Fairbanks made a motion to establish a 2-person subcommittee to report a list of questions as a result of reviewing the televised town meetings. Andy Sears seconded the motion. It passed unanimously.
b. Mr. Fairbanks and Joe agreed to meet with representatives from other towns and cities that have adopted mixed-use overlay to realize the impact and report back.
c. Bud and Wynn will lead the feasibility committee. The fiscal impact will emerge from that.
d. Andy Sears will lead the committee regarding the proposed by-law language.
Andy Sears stated that John Hume from the MRPC has offered to have a representative attend the MUOC meetings. They may have grant money to assist in traffic studies and the ability to help us identify the Industrial/Commercial project potential.
Bud suggested that we use the lists of people in attendance of the town meetings. He felt that that may be a useful tool moving forward.
Bud has been working on obtaining a volunteer to tape the meetings. Joe will investigate the option of a Monty Tech student fulfilling those duties.
John Fairbanks made a motion to adjourn at 8:57. Nikki Moorshead seconded. Unanimously passed. Meeting adjourned.
Meeting Minutes – September 30, 2009
Present:
John Fairbanks, Joe Flanagan, Nicole Moorshead, Wynn Paiste, Andy Sears, Bud Taylor, Linda Wiest
Absent:
Paul Bartkus, Jr.
Others Present: Don Frigoletto
Call To Order:
The meeting was called to order at 7:05 PM in Room 205 at the Town Hall.
Every member introduced themselves and which other Town board they represented.
All members reviewed the Membership List and provided additional information, as necessary.
Motion was made by John Fairbanks and seconded by Andy Sears that the following members would serve as officers of this committee:
Chairman: Bud Taylor
Vice Chairman: Wyn Paiste
Clerk: Nicole Moorshead
The motion was approved unanimously.
The committee then discussed the responsibilities of this committee as presented by the Board of Selectmen (BoS).
During the discussion John Fairbanks agreed to email a copy of the so-called Mullins report to each member; additionally, Andy Sears agreed to send a copy of the Annual Town Meeting’s bylaw change proposal to each committee member.
The committee then discussed several administrative items.
a. John Fairbanks moved and Andy Sears seconded that the meetings be televised. The motion was approved (six yeas & one nay).
b. John Fairbanks moved and Andy Sears seconded that the meetings will last two hours or less. The motion was approved unanimously.
The committee then discussed meeting on the following dates:
a. Wednesday, October 14th
b. Wednesday, October 28th
c. Wednesday, November 4th
d. Wednesday, November 18th
e. Wednesday, December 2nd
f. Wednesday, December 16th
A motion to meet on the aforementioned dates from 7 to 9 PM was made by John Fairbanks and seconded by Andy Sears. It was approved unanimously.
The committee adjourned at 8:50 PM.
Respectfully submitted.
Nicole Moorshead, Clerk