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1. Where is the proposed Smart Growth Overlay District located?

The proposed district contains 14 properties within a 16-acre area along the Elm Street and Route 110 intersection and it also includes several residential properties along upper Clarks Road including the approved 40B project. About 80% of the proposed district is considered developable land when deducting for wetlands, floodplains and steep slopes.

2. Why is a Smart Growth Overlay District being considered for the Elm Street and Upper Clarks Road Area?

The current conditions for several properties located along Clarks Road and the Route 110 / Elm Street Intersection provide the City with a unique opportunity to support innovative redevelopment and new housing development. Additionally, in 2006, a 54-unit 40B project was approved for Clarks Road. As approved, the 40B project has the potential to impact the quality and character of the Clarks Road neighborhood. Thus, adopting a 40R would offer the property owners with another option that minimizes the environmental impacts, provides additional affordable and market rate housing, and unlocks state funding to make infrastructure improvements that are already needed in that neighborhood.

3. What are the future development possibilities if the Smart Growth Overlay District is adopted?

The following image shows a conceptual buildout of the three sub-districts using the minimum densities required under the Smart Growth Overlay Zoning District. The plan shows the potential redevelopment of the Burger King and Friendly's sites with two new 2½ story, mixed-use buildings. Commercial uses would be required on the ground-floor and residential above. Parking would be located behind or below the buildings. The site of the unbuilt 56-unit 40B project on 29 Clarks Road and adjoining residential properties could be redeveloped with three, 4-story, 70-unit multi-family buildings with underground and surface parking. Almost 70% of the undeveloped land between Point Shore Meadows Subdivision and this multi-family would be left as permanent protected open space.

In addition, vegetative buffer areas would be created along the abutting residential properties and a multi-use public trail through the conservation area would provide a connection to Point Shore, the Whittier Bridge Trail, and the bike path. With improved pedestrian connections, the neighborhood would be able to access the commercial areas along Route 110 corridor including the Carriagetown Marketplace.

4. What is the difference between a 40R and 40B?

A Comprehensive Permit (or 40B) Project is usually a developer-driven project that is NOT permitted under local zoning for both the proposed use and density. It is required to have 25% of the proposed units designated as "affordable housing units" as defined under MGL. A 40B. 40B projects are reviewed by the Zoning Board of Appeals and are exempt from all local zoning regulations.

A 40R Smart Growth Overlay District is a locally-adopted zoning district that encourages higher density housing developments. It requires 20% of the housing units to be designated as affordable. A 40R Smart Growth Overlay District provides communities more control over the location, density and design of these projects. The Planning Board is the permit granting authority and all local zoning regulations apply. The following image includes Chapter 40A (Zoning statute) in comparison to 40B and 40R, outlining the differences in the control a community has over location, density and design of development:

5. What makes this location suitable for a 40R designation?

The proposed Smart Growth Overlay District is located in an area that is a gateway to the City of Amesbury from the adjoining communities of Newburyport and Salisbury and also from Interstate 95 (I-95). Most of the east bound traffic to the beaches in Salisbury from Interstate 495 (I-495) and from Amesbury travels along this commercial corridor. Further, it is connected to Downtown Amesbury, the Deer Island, the Main Street neighborhood with existing bike-paths and sidewalks in this neighborhood. Notably, the regional transit stations and proximity to urbanized areas is important for State designation of a 40R District.

6. Does Amesbury already have a 40R, and if so, what are the benefits to Amesbury?

Yes. In 2007, Amesbury adopted a zoning amendment for the Amesbury Gateway Smart Growth Overlay District for a group of properties in a 52-acre area located along Interstate 495 (I-495) and Route 110/150. At the time, a 268-unit multi-family development was proposed under MGL 40B (a Comprehensive Permit). That proposal did not seek to address concerns regarding traffic and drainage impacts on the neighborhood. The City proposed and adopted a 40R District in order to secure state incentive payments and support state funding for infrastructure improvements along Route 110.

As a result of the project being approved under a 40R District, the City received nearly $1.2 million in incentive payments from the State. Additionally, state funding is also provided for the local share of any school-costs associated with any school-aged children residing within an 40R project.

7. What are the proposed sub-districts and how many housing units are allowed within each sub-district?

There are three sub-districts proposed: a multi-family, substantially developed area, and a future open space sub-district. Within the multi-family district, the City would allow 20 units per developable area. Within the substantially developed areas the City may allow densities up to 20 units per acre. No housing units are permitted in the future open space. At least 20% of the housing units are required to designated as affordable housing under state law.

8. How much density is required under a 40R District?

There are several sub-districts allowed with varying degrees of density:

• Single-family sub-districts = 8 units per acre
• Two-family sub-districts = 12 units per acre
• Multi-family sub-districts = 20 units per acre

9. What is affordable housing and what are the likely rental rates?

A housing unit is designated as "affordable" if it's limited to residents earning less than 80% of the median income of the region. For the Boston metropolitan area (which applies for Amesbury) rental rates for a three-bedroom unit are limited to no more than $1,650 per month. Note that a one- or two-bedroom unit would be several hundred dollars less per month.

10. How many units are in the approved 40B development?

There are 56 units, including the manager's unit, in the approved 40B development. At the March 30th Neighborhood Workshop, we mistakenly indicated there were 57. We apologize for the miscommunication.

11. Does the approved 40B require adding a separate emergency access?

The developer/owner of the comprehensive permit has indicated that the permit does not require a separate emergency access. In this regard, they have pointed to the following:

In 2017 the Housing Appeals Committee (HAC) ruled that their Ruling and Order, and its Appendix, constitute the Comprehensive Permit for the Project. In that document, they made no mention of a 2nd access or egress for the property. Further, HAC wrote, in the revised Conditions in the Appendix, that any and all dead-end drives and parking areas have been reviewed by the Fire Chief for consistency with this Comprehensive Permit. The final Memorandum of Decision and Order from the Superior Court in 2019 affirmed the 2017 HAC decision, making no changes to it.