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Special Development District Adopted in Essex

Zoning officials recently approved a floating zone for an area to the west of Route 9 in Essex to help encourage certain development in a part of town complicated by six different zoning designations. The proposal passed by a vote of 6 to 1 at a Dec. 7 meeting of the Essex Planning & Zoning Commission.

Essex Consulting Planner John Guszkowski drafted the proposal, titled the Route 9 Special Development District (R9SDD), for the commission. It was discussed and revised based on public input since it was first accepted at the commission’s meeting in August.

The main impetus for the proposal stemmed from the town’s 2015-2025 Plan of Conservation and Development, which identifies five potential “development nodes” in town. Prior to its adoption, PZC member Robert Day discussed how the floating zone could potentially increase the complexities of zoning in the area of Route 9.

“There are already six zones there and now we’re adding something that in theory allows people to do things, but I also think, when you have six zones, we’re adding on more language and in some ways you’re just making it more complex,” said Day. “So, I don’t absolutely love it.”

Vice Chair Jane Siris asked Guszkowski to elaborate on why a single zone could not be created.

Guszkowski responded, in part, by saying that a single zone “would make immediately, I would say, probably between 60 and 80 percent of everything there non-conforming, pre-existing non-conforming that would need some sort of variance process to change.”

A more permissive, single zone would be possible, he said, but it wouldn’t take into consideration public input.

“It’s possible…but that creates the problem that I think several of your members of the public testifying would fear, was that development would be too easy and undesirable development would be sort of jammed down your throat,” said Guszkowski.

Initially encompassing parcels to the east and west sides of Essex near Exit 3, the version ultimately approved by the commission excluded properties on the east side.

This was based on feedback received from property owners at the commission’s meeting in November that included Geoffrey Paul, owner of the Sunset Pond property, who cited his general opposition to the development proposal.

Coming into the Dec. 7 meeting, Guszkowski had already agreed to eliminate the residentially zoned properties to the northeast of the Route 9 northbound onramp, due to traffic concerns.

PZC member Mark Reeves said eliminating all parcels to the east, notably the Sunset Pond parcel, would respect the wishes of these property owners.

“I’m just looking at this and saying, if I saw a problem area in this, it’s the east side of Route 9,” said Reeves.

PZC alternate David Rosengren said, “There is something different about what is on the east side than on the west side. The west side seems to me, to be the area of much more commercial. Once you turn left off of Route 9 coming south, that’s almost a different town to me.”

A two-step process is required to implement the floating zone, the first being the approval of a master plan by the PZC and then a special permit process.

“In both cases you would have an extensive public hearing and public involvement process, so again, this is an attempt to provide a tool,” said Guszkowski. “It does not force anyone under any circumstances to do anything with their property that they are not interested in doing.”

A variety of uses are allowed in the special district including cafés, coffee shops, taverns, and brew pubs as well as offices, television studios and production, medical offices and facilities, personal services, arts and craft studios, event facilities, or a tourism and welcome center.

An inn or bed and breakfast, indoor recreation or gym and exercise facility, multifamily housing, light manufacturing and electric vehicle commercial charging stations are also allowed. Retail is allowed only as an accessory use.

Guszkowski said the special development district would generally help a developer simplify a proposal, especially when one zone buts up against another.

“The special development district allows you to cut through that and basically come at a redevelopment project with a blank page, a clean slate,” he said.