The Swellesley Report

Residential Incentive Overlays (RIOs) have been a huge topic of discussion in Wellesley town government over the past few years, so much so that a RIO Task Force was formed by the Planning Board in the wake of Annual Town Meeting last spring.

The RIO Task Force has been busy since its first meeting in June, and as discussed at its most recent meeting on Feb. 2 (see Wellesley Media recording), the body has been readying motion language for an article on the warrant for this year’s Annual Town Meeting.

Opposition to proposed uses of the RIO bylaw, which went on the books in 1998, came to a head in October, 2024, when a pair of proposed multifamily housing developments got shot down at Special Town Meeting. RIOs were also front and center at Annual Town Meeting last April because of a citizen petition that sought to return the RIO bylaw to its original state. As the proponent explained during presentations, the focus of RIOs would again be on allowing multi-unit residential development in commercial areas but not in single residence and general residence districts.

A rare RIO project that has made it through town approvals: The Bellwether

The author of that citizen petition, Peter Welburn, is now among the RIO Task Force members whose efforts will be making their way to Annual Town Meeting, set to begin on March 30 at Wellesley High School. He said during the Feb. 2 Task Force meeting that he was encouraged by consensus that has been building around possible changes, and looks forward to further discussion with the Select Board during its Feb. 10 meeting at which Planning Board and RIO Task Force members will be present.

Here’s Annual Town Meeting Article 32, the proposed RIO bylaw amendment sponsored by the Planning Board:

To see if the Town will vote to amend Sections 3.2 and 3.2.A of the Zoning Bylaw, relating to the Residential Incentive Overlay (RIO) zoning district, to identify in Section 3.2.B the land that may be included in the RIO by future zoning map changes as defined by its underlying base zoning classification, and to provide that an applicant for the special permit required by Section 3.2.O must execute a development agreement with the Select Board prior to making application to the Planning Board; or take any other action in relation thereto. (Planning Board)

The RIO Task Force has been working on motion language under this article. Motions are what Town Meeting members actually vote on.

The motions under discussion focus on prohibition of RIOs in residential (and some other) districts and the expectation for a development agreement between builders and the town via the Select Board that would hold developers to their initial plans, such as on unit density and public/private amenities. Marc Charney, Planning Board chair and a member of the task force, said changes are designed to strengthen the bylaw and encourage its use in more projects and its support by the town.

Wellesley Executive Director Meghan Jop called in with thoughts during the Feb. 2 Task Force meeting about whether the discussed development agreement language is appropriate given that the Planning Board already has discretionary authority at its disposal in approving special permits for projects. She even pondered whether RIOs have “run their course.”

Task Force and Planning Board member Tom Taylor, who ran the meeting, did raise the issue of how necessary a development agreement might really be, but that having such agreements addressed in the bylaw might ease public concerns about the zoning tool. Welburn said having development agreements in place ahead of zoning amendment pitches at Town Meeting might increase the chances of projects getting approved, as a couple of developers on the task force had suggested.

Wording around development agreements in bylaw amendments needs to be handled carefully, as the bylaw language can’t be updated to require an applicant to have a development agreement signed ahead of a potential bylaw amendment in response to a requested zoning change. “Clearly, we haven’t wrestled this development agreement concept to the ground,” Taylor said, based on the information shared by Jop and in light of upcoming discussions, including with the Select Board.

During its Feb. 2 meeting the task force also discussed updating the bylaw’s purpose statement, which currently reads: “To provide a residential reuse incentive for a parcel or parcels greater than one acre located in close proximity to the Town’s Commercial Districts and public transportation.” A longer proposed statement was discussed with the intention of clarifying the point of RIOs, and to address topics such as housing affordability, diversity, scale, and aesthetics. For now, however, the group is sticking with the current statement.

If this is a topic of interest to you, look for continued discussion at the Select Board meeting on Feb. 10, Advisory Committee meeting on Feb. 18, and Planning Board public hearing on Feb. 23. We post meeting previews at the start of each week and you can also consult the town website for details.

A brief RIO Task Force meeting may be slotted in ahead of the Feb. 18 Advisory Committee meeting, possibly on Feb. 12.

More: Wellesley multi-family housing developments in the works

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