Planning Board Draft Decision Claims an additional 69,431 square feet should be added to Brady Sullivan Plans without any public discussion

From the start, the Brady Sullivan proposal for Robin Rug has been clouded by confusion, sudden changes in course by the Planning Board and multiple emails back and forth from concerned citizens and the Town’s Planning Department. Brady Sullivan’s application was being considered on its own merits, but now it is being decided using unreliable tax data that are not warranted and do not reflect the use of interior areas of the building. The additional 69,431 square feet are nonexistent or exempt from GSA inclusion. If the Town is not basing its decision on the application, Brady Sullivan’s Fuss & O’Neill 2021 existing conditions report, they cannot substitute their own speculation regarding the site. In their application, Brady Sullivan seeks zoning relief in density, listing 227,286 GFA. Brady seeks a variance to allow density increase to 130 units at 1,748 GFA in its most current change. Zoning Laws do not allow for any increase in density on Planned Unit Development/Land Use Development applications, except for Affordable Housing Units. That is limited to a 20% density bonus.

According to the Fuss & O’Neill for Brady Sullivan, there are 227,286 GFA in the building.

Fuss & O’Neill did an Existing Conditions report in 2021 by measuring the building and including only what is allowed in their calculations. This number excludes any areas that will be used for parking and excludes some other areas as determined by the Federal Government. They listed their own “Existing Conditions Report” as a source and determined that there was 142,226 GFA on the site. They were seeking a variance to allow 151 units at 941 GSA.

On April 24, 2022, Fuss & O’Neill amended the Brady Sullivan application. They now list a measurement of 227,286 GSA. They are now seeking a variance to allow 130 units at 1,748 GFA.

The “Draft Master Plan Decision for Bristol Yarn Mill 4-27 w AMT edits” increases the GFA from the Fuss & O’Neill surveyed number of 227,286 GSA to 296,717 GFA and mistakenly claims no zoning change related to density is necessary.

The “Draft Master Plan Decision for Bristol Yarn Mill 4-27 w AMT edits” was posted on the Planning Board’s website on 4/28/2022. Director of Community Development Diane Williamson and Town Solicitor Andy Teitz have suddenly determined, after over 6 months of talks with Brady, that Robin Rug/Bristol Yarn Mill contains 296,717, based on Tax Assessors records, with a disclaimer “Disclaimer: This information is for tax assessment purposes and is not warranted.” That is an increase of 69,431 sq.ft.

How is Gross Floor Area (GFA) calculated?

When developers create a Master Plan for a site, they have an engineering or architectural firm survey the property’s land and buildings to determine GFA. They physically measure the space and use specific rules, that are determined by the Federal Government, to standardize the GFA calculations because zoning laws depend on GFA findings. This leads to an exact calculation in Gross Square Foot measurements that can then be divided by what is required by law to find the number of units allowed.

Gross Floor Area is not square feet of units inside the buildings.

Although 2,250 sounds like a large unit, the calculation includes hallways, lobbies, atriums, storage, mechanical areas and shafts, stairwells, supporting systems like heat and air conditioning, hot water closets, etc, as well as the 25% of space that is required for commercial, retail and public use areas. The net per unit is much smaller than 2250. Fuss & O’Neill’s plans show units at 664 sq. ft. They have asked for a variance on the 25% of commercial, retail and public use areas that are required by zoning laws.

Bristol’s Comprehensive Plan and Zoning Laws are required to be applied to new development, including Planned Unit Development or Land Development Projects as it is referred to in the Zoning Law.

The Robin Rug site is a large project that is ready for developers. What is done there will have an enormous impact on the community. Friends of Historic Bristol believe that the Town must apply the law and the Comprehensive Plan. They have been carefully reviewed and adopted.

History of Density Changes at Robin Rug.

In 2008, Town Council increased the number of units allowed by changing the law from 4000 Gross Foot Area (GFA) to 2,900 GFA by deed attached to the property in exchange for riparian rights adjacent to Robin Rug. In 2010 the Town adopted a zoning change of 2250 GFA, increasing the density further, allowing 1 unit for every 2,250 gross floor area (GFA) in the building.

Conclusion:

Through the Town Council, there is no way forward beyond the 101 units the zoning law allows, with one exception. The Town Council can allow up to a 20% density bonus if the additional units are included onsite for deeded Affordable Housing only for working families earning less than about $70,000 per year. Otherwise, the increase in density question must go to the Zoning Board. The density cannot simply be changed on a whim.

To see the full supporting documentation for this article, open the full report HERE (opens a PDF in new window).