Voters at Town Meeting Reject Chocolate Factory Zoning Changes, Approve BYOB, and More

At least for now, the chocolate factory will remain empty. 

Despite being favored by a majority of voters at Mansfield’s annual town meeting, the article that would have allowed the old chocolate factory to be rezoned from industrial to residential was rejected as it was unable to obtain the two-thirds super-majority needed for zoning articles. 

There were 130 voters at the meeting who supported the article while 110 were against it.

While article 40 would not have approved a specific plan for apartments, it would have amended zoning bylaws to allow for the renovation and reuse of older buildings such as the chocolate factory. 

Developer Joseph Mulkern was responsible for the citizen’s petition article to get the zoning changes. Mulkern’s plans for the building included over 100 mostly single bedroom apartment unit marketed towards young professionals.

In addition, the zoning change would have effected only the building, keeping the other 15 acres of property zoned for industrial use.

The planning board supported the article 5-2 with those voting for it believing that residential housing was a reasonable use for the building.

Ralph Penny was one of two board members against the article, citing the addition of more apartments as unnecessary.

“We met our state goal of 10-percent affordable housing. We don’t need more according to the state,” Penny said. “We got a lot of apartments in town. We need jobs not more apartments.”

Others in attendances were against the proposal out of fear that the zoning change could lead to low income housing in the unused building.

Board member Beth Collins supported the article in order to see the building reused.

“It would be a crime to lose this building. The motion that is in front of the town is about whether we reuse old buildings,” Collins said. “We’re not opening any huge doors by changing what’s before us.”

The rejection was one of two zoning articles to get a majority vote but not a two-thirds vote.

An article that would have separated an area zoned for business on Copeland Drive approximately from the location of Wendy’s to the Mansfield/Foxborough boarder from four smaller business zones was initially two voted short of the super-majority needed when 155 voted for the article but 79 voted against it. In the recount, the number of votes in the affirmative went up to 163, but the votes disapproving of the article also increased to 87.

If approved, Franklin Street/Route 106, Mill Street/East Street, Elm Street/Coach Road, and Elm Street/Otis Street would have been part of a new zoning district named Village Business, Business 4 while Copeland Drive would keep its current designation as Highway Business Zone, Business 3.

No changes would have been made to the new district but proposals for Copeland Drive included changing the floor area ratio from 0.25 to 0.60 to encourage more two floor buildings and businesses on the road near the intersection of Routes 106 and 140. 

“We’re trying to encourage development of highway type businesses in a place where highway businesses are already going in.” Planning board member Don Cleary said.

Many residents speaking against the article felt uncomfortable with the effect the changes could have on nearby neighborhoods.

Zoning articles approved included changes to the Cabot Business Park and the downtown area. The changes were made to the business park located off of Route 140 after a study showed that the current zoning laws made it difficult for Mansfield to compete with other towns with similar business parks.

The new zoning laws include rules for larger buildings, incentives for green buildings, and a reduced amount of required parking.

In the downtown area, businesses can now hang signs eight feet off the ground instead of seven feet and use A-frame signs on public sidewalks as long as they do not block access to the walkway.

The most discussion for the downtown zoning articles concerned the lighting standard for businesses in the area.

According to article 29, businesses must take into consideration the landscape and lighting needs of the buildings and the general neighborhood nighttime characteristics. Businesses may powered down their light by at least 50% one hour after the close of the last business.

Former planning board member Fred Armstrong praised the changes as a useful tool to help improve downtown.

“It will help developers, and help our builders. I wish we had a tool like this when I was on the board,” Armstrong said.

A controversial citizen’s petition to turn a residential zone located in parts of Chauncy Street and Walnut Street into a business zone was rejected by voters who strongly disagreed with the article. 

The area is located near other areas zoned for business including the business park and a Stop & Shop that is part of a larger retail complex.

The planning board voted in favor of the article 7-0, arguing the location of the zone makes it suitable to be zoned for business.

Kevin Holbrook, who lives in an abutting neighborhood on Casa Drive, came out against article 43. 

“You are asking to knock down houses across the street from empty store fronts and you’re telling me we need more commercial space?” Holbrook said.

One of the few non-budget or zoning issues voted on was an article that rejected a ban on the practice of bring your on bottle (BYOB) for restaurants. Once available, establishments will be able to apply for a BYOB license that will allow customers to bring and consume their own alcohol.

The selectmen will now hold a public hearing in the near future to draft the rules and regulations for the licenses.