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Mixed‑use at 2 East Main revised to all‑residential after downtown definition limits residential share
Summary
A developer told the Southborough Planning Board he changed a proposed mixed‑use building at 2 East Main to an all‑residential apartment project after the downtown‑district definition was read to limit residential floor area to 40% of above‑ground space, a restriction he said made mixed‑use unworkable.
The developer of a proposed project at 2 East Main said he is redesigning the proposal from mixed‑use (retail/ground floor with residential above) to an all‑residential apartment building after an interpretation of the downtown‑district definition limited the allowed residential share.
What happened
Peter Bemis, the applicant, said the downtown‑district language includes a definition that states residential dwellings cannot exceed 40% of the gross floor area of above‑ground floor space of the building. Bemis and his architect concluded that interpretation would produce only very small residential units on upper floors and make a mixed‑use scheme economically infeasible. Bemis said he therefore reverted to a conventional apartment configuration for the site and reduced the footprint slightly; he asked the board and town council for clarity about the original intent of the downtown district.
Why it matters
The downtown‑district definition dictates the ratio of nonresidential to residential floor area in the district. If the building inspector’s reading — that the 40% limit applies to above‑ground floor area rather than to total building envelope across floors — is upheld, it will significantly constrain mixed‑use projects downtown and shift redevelopment toward strictly residential proposals.
Board action and schedule
The board accepted an extension of the decision deadline to March 14, 2025, to allow counsel and staff to advise whether the change of use/mixed‑use to all‑residential requires re‑notice or an amended application. The public hearings on the project were continued to Feb. 24, 2025.
Ending
Planning staff will confer with town counsel on whether the project must be re‑noticed or re‑filed and will post peer‑review comments and any revised plans before the next hearing.
