The lot at 51 Cole St. adjacent to the East Bay Bike Path gained a changed zoning designation by the council at its Tuesday's May 13 meeting from being considered in the town's manufacturing district to its village business/mixed-use district.

As part of a public hearing during the forum, the property owners, WIP, LLC, successfully petitioned the body to re-designate the parcel, which for years has been a location for small businesses, but can now also be partitioned into residential space, too.

Like he did at the previous month's planning board meeting where a positive recommendation on the matter was made to the council, last week Michael Monti of the law firm Sayer Regan & Thayer, LLP, representing the proprietors gave a brief review of the particulars.

Monti noted 51 Cole sits just a couple hundred feet from town hall to the east at the border of the manufacturing district in the village business district. The process to change the lot's zoning began a few years prior and its proposed re-designation was included in the recently completed revised town comprehensive land use plan

Monti said the owner, Chris Woodard, purchased the property four years ago and since has had "significant interest for both residential and small business uses," but has "had to turn away prospective tenants," such as a hair salon and doggy daycare facilities," who have tried to rent space there because those businesses would be non-conforming.

Town Solicitor Anthony DeSisto was brought into the conversion. He, rhetorically, talked about any pertinent inquiries that could be made on the matter.

"The first question is, whenever a zone change, a zone map change comes in, is whether or not it complies with the comprehensive plan?" DeSisto said directly to the council. "You have a statement from the planning board that in fact, it does.


"The next question, for matters of this nature is whether or not, when a lot has changed from one zone to another zone, is that a so-called spot zone? In this instance, that's not the case, because what the request really is for is to extend the village business, the current village business zone one lot over to this lot.

"So, once those two hurdles are jumped, then the next thing that you need to take a look at is whether or not you think it's sound policy to change this over to village business. You've heard Mr. Monti say that there has been some interest in a mixed use over there. And I think that's something you have to take a look at."

Town Council President Joseph DePasquale said he and Councilor Keri Cronin had recently visited the location, which is also near the Warren Dog Park, adding the mixed-use plan "seems like a positive."

Said Councilor John Hanley, "I think that building's got more usability as in a village business."

DePasquale also recalled the former owners, the Dupont family of Dupont Tire, once considered applying for a variance to add apartments to the building, but never proceeded.

Resident Davison Bolster asked if the proposal would impact the eventual likelihood of the bike path's extension.

Councilor Derrik Trombley, himself an attorney, replied, "I think the question is, would the town retain the easement for any bike path related activities that we want to have?"

Said DeSisto, "I believe this action would not prevent that." To which Trombley agreed, "I believe that is the case, but that is a good question."