Zoned out

How changes to Worcester's zoning laws and permitting processes may improve our quality of life.

By Chris Kanaracus

DESPITE ALL THE TALK about a revival in Worcester, the reality is a little different. Boosters point to the restored Union Station, but it's basically empty, and a full slate of trains running to and from Boston is still on hold. Also, a planned conversion of the Washington Square rotary, which would create several parcels for commercial development, is at least one year away. Then there's Worcester Medical Center, another alleged engine of downtown prosperity, which opened in March. As of yet, it's hard to quantify the promised economic spin-off from the project, which will receive $40.5 million in tax breaks from the city.

Yet there are definite signs of progress on a smaller, purely quality-of-life scale. For one, the proposed arts district in Main South seems to be on track. Earlier this month, businessman Ediberto Santiago sealed a deal to convert the former Mart department store into a new supermarket. The project will clean up a block that has been an eyesore for years and could serve as a de facto anchor for the arts district.

Hoover also recently announced plans for a "neighborhood cabinet," or citizen-staffed board that would provide suggestions on how to revitalize neighborhoods, especially those bordering predominantly commercial areas. The move suggests a possible shift away from mega-project-ism within the development office.

And it seems one white elephant, Worcester Airport, might be on the way back. The airport has seen its passenger and flight counts grow steadily in the year since Massport took over operations, doubling to 100,000 according to figures released by the agency on December 8. That same day, it was announced that Pan American Airlines would soon provide direct flights to Florida. Before now, travelers were stuck with transfer flights to hubs like Newark, New Jersey.

That's something to smile about, but it doesn't disprove the fact that Massachusetts's economic boom has largely passed the city by. For example, if you put aside the Worcester Medical Center, between 1988 and 1997 new construction has dipped by more than 50 percent, from $165 million to about $77 million, according to city figures. While the Medical Center has a price tag of $215 million, it's a pot of gold that's centered in one place; not scattered about the city in a way most of our lives could actually benefit.

Why small business growth in town is lacking has been a hot topic for years. High tax rates, confusing planning and permitting processes, and difficult zoning procedures have all been named the culprit.

But until recently, the city has done little to answer those critics. Last month, the city's property tax structure was adjusted to place more of the overall burden on homeowners and less on businesses. The formula had tipped in the other direction for decades, prompting gripes from business leaders.

Since September many permitting processes are now handled under one roof, at the Department of Public Health and Code on Meade Street. The concept, dubbed "one-stop-shopping," hopes to eliminate confusion and speed projects along (see sidebar).

Those measures are welcome and needed. But if you look at the city's development picture on a broader level, they seem like band-aids.

Bigger changes may be coming. In the next year, Worcester's zoning ordinance, which determines what development may occur in a particular location and sets detailed guidelines for actual construction, is set for review. The last time changes were made was in 1991.

Talk about revisiting zoning laws actually began last March, when city manager Tom Hoover convened a 13-member Land Use commission. The committee's job was to examine the city's land on an overall basis as a precursor to a zoning review. According to aTelegram & Gazette report at the time, Hoover suggested the committee would release its findings within six months. But Deborah Cary, director of the local chapter of the Massachusetts Audubon Society and a committee member, says the committee has yet to meet. Cary says that, according to a letter sent to committee members by Hoover, a draft plan will be done internally by the development office and submitted to the committee.

To be fair, recent upheaval within the city's development office may have contributed to the delays. In November, chief development officer Everett Shaw announced he'd leave the post on January 5. During his two years on the job, Shaw garnered much criticism in both public and private circles for his tendency to delegate many projects to committees. One major accomplishment by Shaw, though, was to reorganize the city's various development-related bodies into a single office under which he is (or was) in charge.

Top contenders to replace Shaw include former state senator Robert A. Bernstein and Chamber of Commerce official and school committee member Philip J. Niddrie.

IN ANY CASE, expect things to get cooking in the new year, according to at-large city councilor Tim Murray, one of the council's most vocal backers of local business. "Whoever [is named development officer] is someone who knows the people involved and knows what's at stake. One of the first issues I would expect they will tackle within the first two or three months would be zoning."

Steve Parker, director of the Planning Division within the city's Chief Development Office, is certain to be a central player regarding any changes. But, he says, not the only one. "Planning and zoning isn't rocket science. People have to come to the table from all sides and work on a solution."

Like most American cities, zoning ordinances determine what types of businesses can go where. The system, which according to lawyer George W. Liebmann, who writes for the Cato Institute, a libertarian/conservative think tank, was developed in Germany and came into considerable vogue in the US after World War II. In general, zoning is meant to prevent sprawl and undesirable mixing of entities; no one wants a sausage factory next to a retirement home.

The absence of zoning law can create interesting situations within larger communities. Probably the most oft-cited example is the massive Texas city of Houston, which has never been zoned, although recent referendums showed some willingness within the public to change that.

Houston today is an impossibly sprawling, patchwork-like morass of development. While this has made for interesting city life, there's a down side, too. Getting around Houston is one of the more difficult tasks one could ever attempt. According to the Houston Chronicle, city government has spent hundreds of millions to improve local highways.

Individuals seeking exemptions to zoning requirements must appeal to a appointed, citizen-staffed body known as the Zoning Board of Appeals. Although they generally keep a low profile, in a development-based sense ZBAs can be one of the most powerful bodies in any city.

The ZBA's rule is not absolute. Plaintiffs can attempt to overrule their decisions through various means. In 1999 the McDonald's Corporation filed suit in Land Court when the ZBA shot down their plan to build a new restaurant on the Eastern end of Shrewsbury Street. The company had already tried in 1998 to place a restaurant at the former David Burwick furniture store at the corner of Madison and Main, but was turned away there, too.

The ZBA are also prone to politics. While the business leaders surveyed for this article generally expressed satisfaction with the board's current membership, in the past the board has had an embattled reputation.

There's no better example of this than the saga of Tatnuck Bookseller owner Larry Abramoff. Beginning in 1993, Abramoff's attempt to secure a beer and wine license for his successful bookstore's restaurant ran into a stone wall. According to Abramoff, then District 5 city councilor Wayne Griffin, at the request of his sister-in-law (who lived nearby) raised a fuss with the ZBA.The flap was particularly ludicrous given two other restaurants, the Struck Café and Arturo's Ristorante, both had similar licenses. In 1996, after three attempts, Abramoff finally won.

But don't expect the ZBA to undergo any major changes. After all, there's a strong case to be made that they're absolutely necessary, in order to uphold the law and to preserve the character of neighborhoods.

Officials like Parker, too, defend the ZBA. "Certainly, if you're a developer and you have to go before the zoning board in one community but not another, chances are you're going to the other one. But we do have these committees in place, and they're staffed by hard-working, honest people. [In lieu of zoning changes] people always have the option of pleading their case before the board."

That's not to say the template the ZBA works under -- the city's massive, 180-page zoning ordinance -- can't be tweaked a little. Probably the best primer is an October 1998 report prepared by the Worcester Municipal Research Bureau, which in large part has yet to be acted upon.

Probably the best idea offered by the report is a call to modify BL-1.0, or "business limited" zones in order to attract new restaurants, without encouraging barrooms. Abramoff's troubles began because his Chandler Street business is located in such a zone, which mostly cover parts of main roads that cut through predominantly residential areas. Under current law, would-be restaurant owners must apply to the ZBA for a special permit. The bureau's report suggests changing the law to allow liquor sales at tables and a small (six seats or less) "waiting bar" without a permit. For establisments meant to primarily serve alcohol, the law would remain as it stands.

It's not hard to see how such a move would liven things up here in town. Bustling Tatnuck Square, for instance, hasn't had a restaurant with a liquor license for more than a decade. It's a perplexing situation, especially when you consider the high activity level already present there and the many well-heeled residents living nearby. Talk about a natural fit.

Other BL 1.0 zones mentioned in the report that could benefit from a change include Highland Street between Linden and Schussler Road and Park Avenue between Highland and Institute Road. There are too many more to list, but also, there's no doubt that any proposed changes would need to be subject to close scrutiny and debate, due to the already high level of activity and prosperity in those areas.

Other, less vibrant parts of town might be easier to tweak, especially in light of recent events. In the wake of the Cold Storage fire, discussions over what to do with abandonded buildings took new precedence, culminating in an exhaustive report released in November by the city's Abandoned Building Task Force.

But current zoning laws also place restrictions on existing buildings, both abandoned and not, that can encumber re-development. A recent, high-profile example can be found in developer Jose Liriano's plans to rehabilitate an abandoned five-story building at the corner of Pleasant and Fruit Streets. Liriano intends to convert the structure's upper floors into eight apartments and reopen two former restaurants located at street level. Sounds great, right? But there's a catch: under the zoning ordinance, the whole operation requires 35 available parking spaces, a near-impossibility given how cramped that neighborhood already is. Liriano expects to work with neighborhood residents on a solution to the parking problem, which may necessitate purchasing lot space.

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Stop and shop While substantial zoning changes are still a ways off, with the "one-stop-shopping plan" begun in September, Worcester city leaders have at least made doing business under the status quo somewhat easier. Any prospective new business owner begins his quest for city permission by filing an application with a building inspector. It's here, says Public Code and Health commissioner Joe McCarthy, that many business plans are rejected posthaste for any number of reasons ranging from zoning regs to safety issues. Under the new system, individuals can submit most applications (save for more complicated matters such as site-plan reviews) on a drop-in basis. "What we're trying to do is get them before the various boards in a timely manner," says McCarthy. In the past, applicants would have to go from office to office to remedy infractions or obtain permits. Couple that with the fact that by law, all such filings must be dropped off at the city clerk's office in City Hall, and you've got the potential for a runaround worthy of the RMV. Now, says McCarthy, the historical commission, ZBA, and the planning board are all based at the Health and Code department's Meade Street facility. Also, on a part-time basis, fire and DPW officials are based there as well. "It's all the major departments coming together and cooperating to help people get through this process." -- LS -- C.K.

Nonetheless, bumps in the road like those anger businessmen like Abramoff. "The zoning laws we have now don't represent our current inventory of properties. This is an old industrial city. Many of these unused buildings and storefronts are in the inner city. There is no parking. Does that mean you shouldn't be able to build there?"

Creative re-zoning could also assist in reviving areas such as the no-man's-land factory district containing the former Cold Storage building and the vacant Wyman-Gordon site on Madison Street. With appropriate zoning changes, those areas could possibly be redeveloped into affordable housing and more varied commercial ventures.

For his part, Parker says downtown should be a priority for zoning changes. "I've always thought we look to restrictively at our downtown (area) . . .conceptually, we've diminished ourselves as a community." Parker questions why areas such as Prescott Street, off of lower Lincoln, and the stretch of Pleasant Street where Liriano's project is located have never been classified as downtown. If such a thing was done, those neighborhoods would be declared BG-6 zones, which would then allow developers some relief from the parking restrictions faced by Liriano.

OF COURSE, if you're a skeptic, the preceding might sound too good to be true. And history shows you may be correct. There's no better example of this than the failed first attempt at establishing an arts district in Green Island (see "The Politics of Art," February 26, 1999). Along with the newly renovated Union Station, the idea -- which required substantial zoning changes -- could have rejuvenated an entire neighborhood.

At first, the proposal seemed like a sure thing: it had an area with an existing level of activity but also containing depressed areas crying out for revitalization, close proximity to Union Station and I-290, the backing of hundreds of local artists and a highly visible and influential point man in Mayor Raymond Mariano.

But the project stalled, crashed, and burned when a small number of local businesspeople, concerned the project would lead to newcomers moving in, getting settled and then becoming intolerant with existing noise, traffic and other goings-on, complained they hadn't been adequately clued in. The project has since moved on to its current Main South location, where backers managed to gain a crucial zoning change that allows artists to live and work in the same space. But you'd be hard pressed to make the case that it is a preferable choice to Green Island.

There's no doubt that any overhaul of the zoning ordinance will be subject to the same type of politicking. Let's just hope our leaders have enough savvy and broad world-view to make the right decisions.

W NEWS ONE STOP SHOP SIDEBAR 12.22.00

While zoning changes are still a ways off, with the "one-stop-shopping plan" begun in September, city leaders have at least made doing business under the status quo somewhat easier. Any new business owner has to first present an application to a building inspector. It's here, says Public Code and Health commissioner Joe McCarthy, that many business plans are rejected posthaste due to any number of infractions ranging from zoning to safety.

Under the new system individuals can submit applications on a drop-in basis, save for more complicated matters, such as site plan reviews. "What we're trying to do is get them before the various boards in a timely manner," says McCarthy.

In the past, applicants would have to go from office to office to remedy infractions or obtain permits. Couple that with the fact that by law, all such filings must be dropped off at the city clerk's office in City Hall, and you've got the potential for a real rat race.

Now, says McCarthy, the historical commission, ZBA and the planning board are based at the Health and Code department's Meade Street facility. Also, on a part time basis fire and DPW officials stop in, and many documents are now filed by departments themselves, reducing those trips to City Hall. "It's all the major departments coming together and cooperating to help people get through this process."

Chris Kanaracus can be reached at
ckanaracus[a]phx.com.