Warrant Article – Post Office Square Zoning Amendments
To see if the Town will vote to amend the following sections of the Zoning By-law, by deleting the portions shown as strikethrough and adding the portions shown as underlined, as follows:
Section 2213 should be amended as follows:
2213. Site Plan Approval in Certain Business
New construction, addition, exterior alterations or changes of use in Business
District A, B, C and D requires
approval as provided in Sections 6320 and 6330. In addition, the aforesaid
activities may also require Ssite Pplan approval
pursuant to Section 6323c.
Section 2321 should be amended as follows:
2321. Permitted Residential Uses:
In Business Districts A, B
, and C, residence
for one single- or two- (2) family ies dwellings.
In Business District A, up to two (2) apartment units when located above a non-residential ground floor use.
Section 2323 should be amended as follows:
2323. Permitted Commercial Uses:
The following uses are permitted subject to the
building floor area limitations, parking space thresholds, and performance
criteria set forth herein. The uses enumerated hereinafter are permitted
provided that (1) the building size does not exceed sixty thousand (60,000)
ft. square feet of gross floor area in Business Districts A,
B , and C, five thousand (5,000) square feet of gross floor area in
Business District A, and does not exceed the building floor area
limits established for Business District D, (2) that the total number of required
(prior to any reductions under Section 3111) off-street parking spaces in
Business Districts A, B, and C does not exceed one hundred fifty (150)
in Business Districts B and C and twenty (20) spaces in Business District A,
and (3) that uses in Business District D comply with the requirements of
Sections 2327, 2328, and 2329.
Business or professional office; bank; medical or dental clinic for out-patients.
Business services related to the type of business permitted in this district, such as duplication services, newspaper printing, medical or dental laboratories.
In Business District B only, workshops of the following: carpenters, plumbers, or similar artisans primarily working on fixed household installations or cars.
In Business Districts A, B and C, other craftsmen’s shops for the fabrication, alteration or maintenance of hand-portable goods and household furnishings, such as cabinet makers, upholsterers, etc., to be delivered on the premises, and further provided as follows:
that at least twenty-five
(25) percent (25%) of the floor area of
such a permitted shop is devoted to retail sales;
(2) that all such work is done directly for the ultimate consumer;
(3) that no motor in excess of ten (10) horsepower is used.
In Business Districts A and C only, artist’s studio or art gallery.
Places for the preparation and serving of food, provided all customers on the premises are seated at tables or counters.
Preparation and retail sale on the premises of food to be consumed off the premises.
Personal services, such as daycare, barber, beauty shop, health or fitness club, photographer, shoe repair, tailor and funeral parlors.
In Business District A and Business District B only, cleaners, laundries, laundromats, including processing on the premises, provided all such work is done directly for the consumer visiting those premises and provided further that methods of disposal of liquid or gaseous wastes are approved by the Board of Health.
In Business District D, the following:
(1) Multiple free standing buildings on a single lot accommodating multiple principal uses permitted under Sections 2322, 2323, 2325, and 2326 provided that they comply with the objectives and requirements of Business District D as set forth in Section 2327 and with the limitations of 2466.
(2) Theatre and multi-screen movie complex.
(4) Illumination of parking areas pursuant to 2328.
Section 2326 should be amended as follows:
2326. Uses and Accessory Uses Allowed by Special Permit from the Board of Appeals:
Buildings with gross floor area exceeding sixty
sq. ft. square feet in Business Districts B and C,
and buildings with gross floor area exceeding five thousand (5,000) square feet
in Business District A.
In Business Districts A, B, and C, P parking
facilities exceeding one hundred fifty (150) parking spaces . in
Business Districts B and C and twenty (20) parking spaces in Business District
In Business Districts A, B, and C, theatre, hall or other place of indoor or outdoor amusement.
In Business Districts A, B, and C,
operated as a business.
In Business Districts
A, B and C, apartments
over non-residential establishments as provided in Section 4230.
In Business District A, multiple residence buildings containing three (3) or more dwelling units used either exclusively for residential uses or containing a mix of permitted residential and non-residential uses as provided in Section 4240.
Drive-through services serving the customer while
seated in a car for establishments principally serving coffee, other beverages,
breakfast food, and pastries within Business
dDistrict D and for
banks within Business District s A, B and
In Business Districts A, B, and C, illumination of
parking areas, or of other outdoor areas used at night, such as a skating rink,
or of the exterior of buildings provided that all such illumination shall be
shielded so as not to shine upon any property in a residence district.
Accessory scientific use provided that the Board of Appeals finds that the proposed accessory use does not substantially derogate from the public good.
Religious or educational purposes other than those specified by Subsection 2322.
In Business District B only, the following:
(1) Gasoline service station; automobile display room.
(2) Outdoor storage and display of goods for sale, whether as a principal or accessory use, but not including second-hand goods or parts, nor bulk goods such as lumber or gravel, provided all outdoor storage and display is screened from side and rear lot lines in the manner described in Subsection 3117.
(3) Storage buildings for goods to be repaired or sold at retail directly to the consumer or temporarily stored for the consumer.
Business C only, artist’s studio or art gallery.
Natural gas custody transfer facilities or gate stations as provided in Section 4700.
Section 2412(c) should be amended as follows:
The minimum distance between
lot side lot lines from the frontage
to the front of the primary structure on the lot shall be fifty (50 ’)
Section 2412(f)(5) should be amended as follows:
(5) The minimum distance
lot side lot lines from the frontage to the front of the
primary structure on the lot shall be twenty (20 ’) feet.
Adding a new Section 2412(h) as follows (note- Section 2412 is Lot Shape, Width and Frontage):
(h) The regulations contained within Section 2412 shall not apply to Business District A, unless the property contains a single- or two- (2) family dwelling.
Section 2461 should be amended as follows:
2461. Minimum Lot Area:
Business District A Ten thousand (10,000) square feet for single- or two- (2) family dwellings.
No minimum lot size for all other uses.
A B , and C Ten
thousand (10,000) sq. ft. square feet for two- (2) family residential
sq. ft. square feet for all other uses.
Business District D Fifty-three (53) acres.
Professional District Twenty thousand
sq. ft. square feet.
Section 2462 should be amended as follows:
2462. Minimum Lot Frontage and Width:
In Business District A, the minimum lot width for single-family and two- (2) family dwellings shall be eighty (80) feet. There shall be no minimum width requirement for all other uses.
In Business District A, the minimum frontage for single-family and two- (2) family dwellings shall be seventy (70) feet. There shall be no minimum frontage requirement for all other uses.
In Business Districts B, C and D, and the
Professional District, the minimum lot
Lot width for two- (2) family dwellings uses
shall be eighty (80) feet (80’). Lot width for all other uses
shall be as specified in Section 2412.
Frontage for residential uses seventy feet (70’)
Ffrontage for all other uses:
B , and C Seventy (70) feet (70’)
Business District D One
Professional District Seventy (70) feet
Section 2463 should be amended as follows:
2463. Lot Coverage and Open Space.
For purposes of this Section 2463, open space shall mean a portion of a lot or other area of land associated with and adjacent to a building or group of buildings in relation to which it serves to provide light and air, for scenic, recreational or similar purposes. Such space shall, in general, be available for entry and use by the occupants of the building(s) with which it is associated, and at times to the general public. Open space shall include parks, plazas, playgrounds, lawns, landscaped areas, decorative plantings and pedestrian ways. Streets, parking lots, driveways, service roads, loading areas, and areas normally inaccessible to pedestrian circulation shall not be counted in determining required open space.
A. Maximum Lot Coverage:
Business District A
and C: Twenty-five percent (25%) for single-family and two- (2)
family dwellings. residential uses and thirty-five percent (35%) for
multi-family residential uses. Fifty
Sixty percent (60%) for all other uses.
Business District B: Twenty-five percent (25%) for residential uses.
Twenty percent (20%) for all other uses.
Business District C: Twenty-five percent (25%) for single-family and two- (2) family dwellings, and thirty-five percent (35%) for multi-family residential uses.
Fifty percent (50%) for all other uses.
Business District D: Twenty percent (20%) excluding parking decks.
B. Minimum Landscaped Open Space Coverage including Natural Vegetation Areas:
s A and C Thirty percent (30%) Twenty percent (20%).
Business District B N/A.
Business District C Thirty percent (30%).
Business District D Thirty-five
Professional District N/A.
coverage and open space variations may be allowed by
Ppermit from the Board of Appeals in Business Districts A and C .:
Maximum lot coverage may be
increased to not more than eighty five
(85) percent (85%)
of total lot area and minimum landscaped open space coverage may be reduced to
not less than fifteen (15) percent (15%) of total lot area by Sspecial
Ppermit from the Board of Appeals Special Permit
Granting Authority. In granting a Sspecial Ppermit
for increased lot coverage or decreased landscaped open space coverage, the Board
of Appeals Special Permit Granting Authority shall determine that
the Sspecial Ppermit facilitates inclusion of
amenities or facilities that provide for the public benefit or convenience.
Typical site improvements which may be deeded as determined to
be public benefits or convenience when in compliance with the following:
and Other Requirements:
(1) When street plantings are provided along the entire street frontage for non-residential uses, except at drives, and except where neither a street setback nor a buffer zone is required. The required plantings should generally be located between the street and the build-to line.
(2) When curb cuts are consolidated either on a single lot or between abutting lots resulting in better traffic circulation and safety.
(3) When landscaping exceeding the minimum parking lot standards is provided. Trees and soil plots shall be so located as to provide visual relief and wind interruption within the parking area, and to assure safe patterns for internal circulation.
(4) When drainage techniques are used in order to promote improved stormwater drainage, such as porous pavement instead of traditional paving materials. Also, landscaped areas may be below grade in order to allow for stormwater retention and infiltration.
(4) (5) When enhanced
screening of dumpsters, refuse areas, and loading bays is provided for adjacent
streets and properties. Plantings should be supplemented by an opaque fence or
wall at least six (6 ’) feet tall.
(5) (6) When a septic
system is installed that provides enhanced treatment capability or where the
lot is encumbered by easements that facilitate provision of a shared septic
system with enhanced treatment capability.
(6) (7) When the
building and façade design are compatible with the promotion of architectural
elements as described in the Post Office Square Design Guidelines for
the Town Center Business District.
(8) When a landscaped area, or small park, preferably including public seating, is located in the front yard setback.
Section 2464 should be amended as follows:
2464. Building Location.
Within Business Districts A and C, single-family and two- (2) family dwellings shall have a maximum front yard setback of twenty (20) feet from the property line. All other uses shall have a maximum front yard setback of ten (10) feet from the property line.
Minimum front setback from street sideline:
Business Districts A and C as provided below
Business District B Ten (10)
Business District D Ten (10) feet
from the sideline of Route I-95 and fifty (50) feet (50’) from Old Post Road.
One hundred (100)
(100’) from all other streets.
Professional District N/A.
Within Business A and C Districts, a street wall is
defined through the setbacks of structures formed by the build-to line. No
building should provide a front setback larger than the average of the front
setbacks on lots abutting on either side, with a vacant lot (or a lot having no
building within three hundred (300) feet from the building in question), or an
intersection street being counted as though occupied by a building providing
that required setback.
In Business District
A , B, and C, this required any front setback may only be
used for landscaping, public seating, circulation, signage and drives,
consistent with the Post Office Square Design Guidelines. The Board of Appeals can,
subject to Special Permit, waive the requirement for a build-to line if this is
necessary to provide public area for pedestrian circulation and seating, and to
ensure that criteria for site design as identified in the “Design Guidelines
for the Town Center Business District” are achieved.
Minimum setback from side or rear lot lines:
Districts A, B
, and C Twenty (20) feet (20’) from lot
lines in any Residence District.
Ten (10) feet
from all other lot lines.
District D One hundred (100) feet
(100’) (setbacks from
95 are considered as front setbacks as set forth above).
District Twenty (20) feet
lot lines in any Residence District.
Ten (10) feet
from all other lot lines.
Business Districts A and C and in Professional Districts, no setback is
required where two buildings are separated by a fire wall meeting the
requirements of the Massachusetts State Building Code.
Business Districts A and C and in the Professional District
minimum separation between buildings on the same lot is ten (10) feet,
except no separation is required where two (2) buildings are separated
by a fire wall meeting the requirements of the Massachusetts State Building
Code. In those Districts, no separation is required where two (2) buildings
are separated by a fire wall, meeting the requirements of the Massachusetts State Building Code, at adjoining side lot
lines and where there is a multi-year development agreement between the two (2)
property owners and the building offers aesthetic value and architectural
In Business District D, separation between buildings on the same lot shall conform to the requirements set forth herein.
(1) Buildings shall be laid out in pedestrian scale groups and the minimum separation between groups of buildings shall be maximized to the extent practicable.
(2) Within a group of
buildings, minimum building separation: twenty (20) feet
Within a group of buildings, maximum building separation: one hundred (100) feet (100’).
Section 2465 should be amended as follows:
2465. Maximum Building Height.
Building height shall be as defined in the Massachusetts Building Code. When height is expressed in both stories and feet, the specified number of stories is allowed up to the maximum number of specified feet.
Residential uses in Business Districts and the
Professional District shall not exceed three (3) stories or forty (40)
All other uses, including mixed-use buildings (with or without a residential component), shall not exceed the following limits:
stories or forty (40) feet (40’);
Business Districts A and C:
(3) stories Four (4) stories or
forty-five (45) feet (45’).
Accessories and architectural features extending above the roofline may not
exceed a height of fifty (50) feet;
Business District B: Four (4) stories or sixty (60) feet;
Business District D: T
stories (excluding mezzanines as defined in the Massachusetts Building Code) or
sixty (60) feet (60’) and further provided that the height of
each story is limited to twenty-four (24) feet (24’) for retail
and theater use, to sixteen (16) feet (16’) for office use, and
to thirteen (13) feet (13’) for all other uses.
All other uses: four (4) stories or sixty feet
Section 2467 should be amended as follows:
2467. Residential Buildings: In Business District
and C and in Professional Districts, there shall not be more than one (1)
building used wholly or in part for residence on any one (1) lot.
Section 3110 should be amended as follows:
and Professional District Parking Requirements. In Business A and C and
Professional Districts, oOff-street parking and loading
shall be provided to at least the following minimum specifications:
Section 3111 should be amended as follows:
3111. Number of Parking Spaces Required
A. Parking in excess of the minimum standards set forth within this Section 3111 shall be at the discretion of the Board of Appeals during its review of a site plan or special permit application, or the Planning Board during its review of a site plan application in Business District A. The minimum number of parking spaces required shall be as follows:
religious and public educational institutions:
oOne (1) parking
space per six hundred (600) square feet of gross floor area.
other places of public assembly, such as for meetings, entertainment,
recreation, adult education, service of food or beverages:
(1) parking space per five (5) fixed seats or ten (10) lineal feet of bench, or
where no seats or benches are provided, one (1) parking space per twenty (20)
square feet of floor area open to the public assembly.
tTwo (2) parking spaces per bowling alley.
(4) In Business District D:
Hotel One (1) parking space
per room or suite.
Business and professional office Four (4) parking
spaces per one thousand (1,000) square feet
sq.ft. of gross floor area.
(5) For all other permitted non-residential uses in the Business District A: Three (3) parking spaces per one thousand (1,000) square feet of gross leasable area on the ground floor and one and one half (1½) parking spaces per one thousand (1,000) square feet of such area on any additional floor.
business non-residential uses in Business
Districts B, C and D and the Professional District: fFive (5)
parking spaces per one thousand (1,000) square feet of gross leasable area on
the ground floor and three (3) parking spaces per one thousand (1,000) square
feet of such area on any additional floor.
(7) For residential uses, there shall be one (1) parking space per dwelling unit.
(8) For any place of public assembly that utilizes seasonal outdoor seating, the additional seasonal outdoor space shall be exempt from parking requirements.
Requirements for parking spaces shall be
interpreted as follows: Where the computation of required spaces results
in a fractional number, a fraction of one half (1/2) or more shall be counted
as one (1).
C. In Business District A, any on-street parking space(s), including fractions thereof, that are located directly adjacent to a lot containing a non-residential use(s), may be deducted from the required number of off-street parking spaces for the non-residential use.
D. In Business District A, in order to provide for better site design, up to twenty-five percent (25%) of the total number of off-street parking spaces may, at the discretion of the Board of Appeals during its review of a special permit application, or the Planning Board during its review of a site plan application, be allocated for compact cars with dimensions of eight (8) feet by eighteen (18) feet. Such spaces shall be clearly designated for compact cars only.
E. In Business District A, multi-level above- or below-grade parking may be allowed, if determined appropriate by the Board of Appeals during its review of a special permit application, or the Planning Board during its review of a site plan application, and shall not exceed two (2) levels.
F. No existing
non-residential use on a lot
non-conforming as to parking may be expanded or changed to a use requiring more
parking spaces unless provision is made for additional parking spaces at least equal
to the difference between the requirements for the proposed enlargement or new
use and the present parking requirement. However, when a change or
expansion of a non-residential use in a business district is proposed primarily
within an existing building on a lot non-conforming as to parking, the Board of
Appeals during its review of a site plan or special permit application, or the
Planning Board during its review of a site plan application in Business
District A, may, by special permit, waive all or part of any increased parking
requirement. In determining whether a waiver of parking is appropriate, the
Special Permit Granting Authority shall consider evidence which shall be
provided by the applicant regarding the following items:
(1) The operating characteristics of the proposed use including but not limited to a description of the type of business, hours of operation, number of employees, delivery service requirements and loading facilities;
(2) The peak parking demand for the proposed use in relation to the peak parking demand generated by other uses in the area;
(3) The need for and provision of employee and customer parking; and
(4) The availability and or/shortage of existing public parking within four hundred (400) feet of the site as per Section 3112 and the proximity of transit facilities.
G. Where it can be demonstrated that the combined
peak parking needs of all the uses sharing the lot will, because of differences
in peak hours or days, be less than required by Subsection 3111, the number of
parking spaces to be provided may be reduced accordingly, but not by more
than twenty-five percent (25%), by
from the Board of Appeals during its review of a site plan or special permit
application, or the Planning Board during its review of a site plan application
in Business District A, but only for as long as this condition exists.
H. In Business Districts A and B, for developments requiring more than twenty (20) off-street parking spaces, bicycle parking spaces in bicycle rings or racks shall be provided equaling one (1) per twenty (20) of the required off-street parking spaces or fraction thereof, in addition to the required off-street parking. For residential uses, at least half of the required bicycle parking spaces shall be provided in weather protected locations.
Existing Section 3114 should be amended as follows:
3114. Location and Width of Curb Cuts.
Except for access to loading bays or to private
residential driveways, there shall be no more than one (1) driveway from the
street to a parking lot for the first one hundred (100) feet
of lot frontage, nor more than one (1) additional driveway for each additional
one (1) foot (1’) to one hundred (100) feet (100’)
Driveways intersecting the street shall be no less
than sixty-five (65) feet
(65’) on center.
No curb cut shall be less than twelve (12)
(12’) or more than thirty (30) feet (30’) in width. The
width of a driveway for a one-way use shall be a minimum of eight (8) feet and
for two-way use shall be a minimum of eighteen (18) feet and a maximum of
thirty (30) feet.
For business uses, curb cut and driveway
width may be changed as part of
Ssite Pplan Rreview
based upon standard engineering practice.
Existing Section 3115 should be amended as follows:
3115. Requirements for Off-Street Loading.
There shall be at least one (1) loading bay for any
building containing more than
one thousand (1,000) five thousand
(5,000) square feet of gross leasable business floor area.
No loading bay shall be less than twelve (12)
(12’) by fifty (50) feet (50’) for food stores, nor
less than twelve (12) feet (12’) by thirty (30) feet (30’)
for any other business, nor provide less than fourteen (14) feet (14’)
of vertical clearance.
The loading bay shall be so laid out as to minimize parking maneuvers within a street, way or parking aisle.
Existing Section 3117 should be amended as follows:
3117. Required Landscaping.
No parking or loading shall be permitted in the area
between the front of the structure and the side lines of any way
vote of unless approved by the Planning Board or the Board of
Appeals as the case may require during the site plan review process.
Any parking or loading within a required yard
abutting a residential district, except for accessory parking on a lot used
solely for residence, shall be screened from such district by a strip at least
four (4) feet
(4’) wide, densely planted with shrubs or trees
which are at least four (4) feet (4’) high at the time of
planting and which are of a type that may be expected to form a year-round
dense screen at least six (6) feet (6’) high within three (3)
years, or by an opaque wall, barrier or uniform fence at least five (5)
feet (5’) high, but not more than seven (7) feet (7’)
above finished grade. Such screening shall be maintained in good condition at
The total landscaped area maintained in lawns,
or ornamental plantings, or buffer screening shall not equal less
than as required in Section 2463, thirty percent (30%) of the total
lot area unless reduced by the Planning Board or
Board of Appeals during site plan approval. All areas not built over,
paved or landscaped shall be maintained in natural vegetation. Where usable
open space is required, it shall count in its entirety as part of the total
Existing Section 3120 should be deleted:
3120. Business B District Parking
Requirements. In Business B Districts, any lot used for a
non-residential purpose shall have at least fifty percent (50%) of the lot area
thereof set aside and maintained for parking.
Section 3143 should be amended as follows:
3143. Multi-family Development.
Unless a different standard is provided elsewhere
within this Bylaw,
Iin multi-family development,
two (2) off-street parking spaces shall be provided for each dwelling having
two (2) or more bedrooms, and one (1) such space for each dwelling unit having
fewer than two (2) bedrooms.
Section 3144 should be amended as follows:
3144. Site Plan Approval.
For developments subject to
review, adequacy of space for off-street parking and for off-street
loading and unloading shall be determined by the Board of Appeals
in accordance with Subsection 6320.
Section 4230 should be amended as follows:
4230. Business Districts
A, B , and C.
Apartments in excess of two (2) dwelling units,
including services related thereto, over nonresidential establishments may be
authorized in Business Districts
A, B , and C by on Sspecial
Ppermit from the Board of Appeals, provided that no dwelling unit
shall be located below the second floor, in accordance with the following:
4231. Number of bedrooms shall not exceed sixteen (16) per acre. For the purposes of this calculation, a studio apartment shall be considered a one (1) bedroom apartment.
4232. Usable open space shall be provided on the same site to at least the following amounts per unit:
Studio apartment……………………………………………………400 square feet
One (1) bedroom apartments…………………………………600 square feet
Two (2) bedroom apartments…………………………………800 square feet
Three (3) bedroom apartment or more……………………1,200 square feet
4233. Usable open space shall be on substantially level
ground and open to the sky; maintained in grass or landscaped as recreational
or park area, provided that no more than twenty-five percent (25%) of the required minimum usable open space is covered
with impervious materials; not less than twenty (20
’) feet in any
dimension, exclusive of required setbacks; accessible to all residents on the
site without crossing parking areas or driveways.
4234. Notwithstanding the provisions of Subsection 3112, all parking required for residences shall be located on the same lot and shall be reserved for the residents.
4235. On a lot which is used for residence as well as
business, the landscaping requirements of Subsection 3117 shall apply to side
and rear lot lines, except where driveways or parking areas are shared with an
adjoining lot. A strip of lawn or natural vegetation at least twenty (20)
(20’) wide may be substituted in place of the screening otherwise
4236. Site plan approval shall be required in all cases pursuant to Subsection 6320. In addition to the reviews provided in said Subsection 6320, the Board of Appeals shall also consider suitability and safety of ways for residents to their apartments, parking areas and usable open space; and the compatibility of the proposed non-residential uses with residential uses with respect to safety from fire or other hazards and to protection from noise, litter or other nuisance.
A new Section 4240 should be inserted as follows:
4240. Business District A.
A. Site plan approval shall be required pursuant to Sections 6320 and 6330. The Planning Board shall be the authority for Site Plan Review and the Board of Appeals shall be the Special Permit Granting Authority for all developments in Business District A, unless otherwise noted in the Zoning By-laws. In addition to the reviews provided in said Sections, the Planning Board and Board of Appeals shall also consider suitability and safety of ways for residents to their apartments, parking areas and usable open space; and the compatibility of the proposed non-residential uses with residential uses with respect to safety from fire or other hazards and to protection from noise, litter or other nuisance.
B. Multiple residence buildings containing three (3) or more dwelling units, and mixed use buildings with or without residential uses which require a special permit under Section 2326, including services related thereto, shall be designed in accordance with the following:
(1) There shall be a minimum lot area requirement of one thousand (1,000) square feet per dwelling unit.
(2) There shall be no restriction on combining different categories of permitted uses within the same building other than those imposed by the State Building Code or other federal, state or local regulations other than the Zoning By-Laws.
(3) Where it faces a street, a building shall have no more than forty percent (40%) of its ground floor frontage devoted to residential uses, or enclosed parking.
(4) Blank walls shall not occupy more than forty percent (40%) of a ground floor street-facing frontage and shall not exceed twenty (20) linear feet without being interrupted by a window or entry. Buildings shall provide a foundation or base that extends from the ground to the bottom of the lower window sills that is distinguished from the building face by a change in volume or material. A clear visual division shall be maintained between the ground level floor and upper floors, which may include changes in volume or materials or other architectural detailing such as a belt course or cornice. The top of any building shall contain a distinctive finish consisting of a cornice or other architectural termination.
(5) All ground floor facades facing public sidewalks, plazas, or other public open spaces, streets or rights-of-way, shall have transparent features covering a minimum of at least forty percent (40%) and a maximum eighty percent (80%) of the area between two (2) and ten (10) feet above grade. Transparent features may include windows and transparent doors. “Transparent” means that an individual can see into the building from the outside. Transparent glass may be tinted, Low-E, or include other similar treatment. For residential uses, this minimum transparency requirement is reduced to twenty percent (20%) of the area between two (2) and ten (10) feet above grade to allow for increased privacy. Other treatments that enhance the pedestrian environment may be used.
C. On a lot which is used for residence as well as business uses, the landscaping requirements of Section 3117 shall apply to side and rear lot lines, except where driveways or parking areas are shared with an adjoining lot. A strip of lawn or natural vegetation at least twenty (20) feet wide may be substituted in place of the screening otherwise required.
D. Notwithstanding the provisions of Section 3112, all off-street parking required for residences shall be located on the same lot, or adjacent lots, and shall be reserved for the residents and their guests.
E. Housing and Affordability. Within Business District A, for those developments requiring a special permit for eight (8) or more dwelling units, whether through new construction, substantial rehabilitation, residential conversion, or adaptive reuse, a minimum of twelve and a half percent (12½%) of dwelling units built shall be affordable housing. Developments shall not be segmented or phased in a manner to avoid compliance with these provisions.
(1) For purposes of this Section, the following definitions shall apply.
Affordable Homeownership Unit: An Affordable Housing unit required to be sold to an Eligible Household.
Affordable Housing: Housing that is affordable to and occupied by Eligible Households.
Affordable Housing Restriction: A deed restriction of Affordable Housing meeting statutory requirements in G.L. c. 184, Section 31 and the requirements of Section 4904(5).
Affordable Rental Unit: An Affordable Housing unit required to be rented to an Eligible Household.
Eligible Household: An individual or household whose annual income is less than eighty percent (80%) of the area-wide median income as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.
(2) Marketing Plan. Any applicant for a special permit for a development of eight (8) or more dwelling units in Business District A must submit to the Special Permit Granting Authority a narrative document and marketing plan that establishes that the proposed development of housing is appropriate for diverse types of households, including households for individuals with disabilities and the elderly.
(3) Number of Affordable Housing Units. For purposes of calculating the number of units of Affordable Housing required within a development, any fractional unit greater than or equal to 0.5 shall be deemed to constitute a whole unit.
(4) Requirements. Affordable Housing shall comply with the following requirements:
1. For an Affordable Rental Unit, the monthly rent payment, including utilities and parking, shall not exceed thirty percent (30%) of the maximum monthly income permissible for an Eligible Household, assuming a family size equal to the number of bedrooms in the unit plus one (1).
2. For an Affordable Homeownership Unit, the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowner's association fees, insurance, and parking, shall not exceed thirty percent (30%) of the maximum monthly income permissible for an Eligible Household, assuming a family size equal to the number of bedrooms in the unit plus one (1).
3. Affordable Housing required to be offered for rent or sale shall be rented or sold to and occupied only by Eligible Households.
4. At least ten percent (10%) of the Affordable Housing Units shall be handicapped-accessible.
(5) Design and Construction. Units of Affordable Housing shall be finished housing units. Units of Affordable Housing shall be dispersed throughout the development of which they are part and be comparable in initial construction, quality and exterior design to other housing units in the development. The total number of bedrooms in the Affordable Housing shall be at least proportionate to the total number of bedrooms in all the units in the Development Project of which the Affordable Housing is part.
Though it is intended that affordable units be included on-site, the Special Permit Granting Authority may authorize Affordable Housing on an alternative site(s) in Town suitable for housing use, preferably in the same neighborhood as the on-site development. Affordable off-site units may be located in an existing structure, provided that their construction constitutes a net increase in the number of affordable dwelling units contained in the structure. The number of off-site units shall be, at minimum, equal to that number of units otherwise required to be provided on-site. Off-site units shall be compatible in all respects with the market rate units built on-site, including quality and character, construction value, and site amenities (yards, parking, laundry facilities, etc.). Any units provided in an off-site development should also be compatible with the off-site neighborhood, in terms of design, to the degree practical.
In all cases utilizing said off-site units, the Special Permit Granting Authority shall find that this alternative method of compliance is advantageous to the Town in creating or preserving affordable housing and does not result in undue geographic concentration of affordable units. In making its finding, the Special Permit Granting Authority shall consider such factors as location, accessibility to schools and other services, whether off-site units would provide more appropriate family housing than on-site units would, availability of parking, proximity to public transportation, availability of open space, etc. The Special Permit Granting Authority shall consult with the Sharon Housing Partnership prior to making a determination about the location of units on an alternate site(s).
(6) Affordable Housing Restriction. Each unit of Affordable Housing shall be subject to an Affordable Housing Restriction which is recorded with the appropriate registry of deeds or district registry of the Land Court. Such Affordable Housing Restriction shall contain the following:
1. Specification of the term of the affordable housing restriction, which shall be the maximum period allowed by law, or in perpetuity;
2. The name and address of a monitoring agent with a designation of its power to monitor and enforce the affordable housing restriction;
3. A description of the Affordable Homeownership Unit, if any, by address and number of bedrooms; and a description of the overall quantity and number of bedrooms and number of bedroom types of Affordable Rental Units in a project or portion of a project which are rental. Such restriction shall apply individually to the specifically identified Affordable Homeownership Unit and shall apply to a percentage of rental units of a rental project or the rental portion of a project without specific unit identification.
4. Reference to a housing marketing and resident selection plan, to which the Affordable Housing is subject, and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection process. The plan shall contain a requirement that seventy percent (70%) of the affordable housing units shall be set aside for applicants that claim a local preference. Local preference applies to an applicant who has a principal residence or a place of employment in the Town of Sharon at the time of application. The plan shall also designate the household size appropriate for a unit with respect to bedroom size and provide that the preference for such Unit shall be given to a household of the appropriate size;
5. A requirement that buyers or tenants will be selected at the initial sale or initial rental and upon all subsequent sales and rentals from a list of Eligible Households compiled in accordance with the housing marketing and selection plan;
6. Reference to the formula pursuant to which rent of a rental unit or the maximum resale price of a homeownership will be set;
7. A requirement that only an Eligible Household may reside in Affordable Housing and that notice of any lease or sublease of any unit of Affordable Housing shall be given to the Monitoring Agent;
8. Provision for effective monitoring and enforcement of the terms and provisions of the Affordable Housing Restriction by the monitoring agent;
9. Provision that the restriction on an Affordable Homeownership Unit shall run in favor of the monitoring agent and the Town, in a form approved by municipal counsel, and shall limit initial sale and all subsequent resales to and occupancy by an Eligible Household;
10. Provision that the restriction on Affordable Rental Units in a rental project or rental portion of a project shall run with the rental project or rental portion of a project and shall run in favor of the monitoring agent and the Town, in a form approved by municipal counsel, and shall limit rental and occupancy to an Eligible Household;
11. Provision that the owner(s) or manager(s) of Affordable Rental Unit(s) shall file an annual report to monitoring agent, in a form specified by that Agent certifying compliance with the affordability provisions of this Bylaw and containing such other information as may be reasonably requested in order to ensure affordability;
12. A requirement that residents in Affordable Housing provide such information as the Monitoring Agent may reasonably request in order to ensure affordability.
(7) Monitoring Agent. A monitoring agent which may be the Sharon Housing Authority, or other qualified housing entity, shall be designated by the Special Permit Granting Authority. In a case where the monitoring agent cannot adequately carry out its administrative duties, upon certification of this fact by the Special Permit Granting Authority, such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the Special Permit Granting Authority. In any event, such monitoring agent shall ensure the following, both prior to issuance of a building permit for a project in the Business District A, and on a continuing basis thereafter, as the case may be:
1. Prices of Affordable Homeownership Units are properly computed; rental amounts of Affordable Rental Units are properly computed;
2. Income eligibility of households applying for Affordable Housing is properly and reliably determined;
3. The housing marketing and resident selection plan conforms to all requirements and is properly administered;
4. Sales and rentals are made to Eligible Households chosen in accordance with the housing marketing and resident selection plan with appropriate unit size for each household being properly determined and proper preference being given; and
5. Affordable Housing Restrictions meeting the requirements of this Section are recorded with the proper registry of deeds.
(8) Housing Marketing and Selection Plan. The housing marketing and selection plan shall make provision for payment by the applicant or project proponent of reasonable costs to the Monitoring Agent to develop, advertise, and maintain the list of Eligible Households and to monitor and enforce compliance with affordability requirements, as set forth in Section 4240G(3).
(9) Phasing. The Special Permit Granting Authority, as a condition of any approval, may require a project to be phased in order to mitigate any extraordinary adverse impacts on nearby properties. For projects that are approved and developed in phases, the Special Permit Granting Authority shall assure the required number of Affordable Housing Units in the project, as per Section 4240G. Such assurance may be provided through use of the security devices referenced in G.L. c. 41, §81U, or through the Special Permit Granting Authority’s withholding of certificates of occupancy until proportionality has been achieved.
(10) Computation. Prior to the granting of any approval of a project, the applicant must demonstrate, to the satisfaction of the monitoring agent, that the method by which such affordable rents or affordable purchase prices are computed shall be consistent with state or federal guidelines for affordability applicable to the Town.
(11) No Waiver. Notwithstanding anything to the contrary herein, the Affordability provisions in this Section 4240 shall not be waived.
Article V. Definitions, should be amended with the following new definitions inserted in alphabetical order:
Apartment. An apartment (or flat) is a self-contained dwelling unit that occupies only part of a larger building that may contain one (1) or more additional apartments, non-residential uses, or both. Apartments may be owned (by an owner-occupier) or rented (by tenants).
Basement. A story with at least forty percent (40%) of its height below finished grade. However, for purposes of determining compliance to the height limit requirements of this Bylaw, a basement shall not be considered a story unless its ceiling is five (5) feet or more above the average finished grade abutting the building.
part of a building used for residence purposes under a sloping roof, in which
the point of intersection of the tops or upper sides of the rafters and the
outer face of the wall is not more than five feet above floor level. A
story directly under a sloping roof where, in the case of a roof having one (1)
uniform degree of pitch (such as in gable or shed roof types) the points of
intersection of the bottom of the rafters and the interior faces of the
exterior walls are less than two (2) feet above the floor level on at least two
(2) opposite exterior walls or, in the case of a roof having two (2) or more pitches
on each of two (2) or more sides (such as gambrel or mansard roof types), the
average finished floor to finished ceiling height is less than six (6) feet.
Dormers may be constructed on the roof and exterior walls provided they are
structurally supported on the roof rafters and the length of the dormer(s) as
measured between the lowest bearing points of the dormer(s) on the rafters of
the sloping roof does not exceed fifty percent (50%) of the length of the
sloping roof to which it is attached.
Mixed Use Building. A building intended and designed to be used for at least two (2) different permitted uses as allowed for under Section 2300.
Single-Family Dwelling. A detached residential building intended and designed to be occupied by a single family.
Special Permit Granting Authority. A public board of the Town of Sharon authorized under enabling provisions of M.G.L. Chapter 40A and specific provisions of this Bylaw to hold hearings, make determinations and findings, and subsequently issue or deny special permits, variances, or other special approvals specified in this Bylaw. The Special Permit Granting Authority shall be the Board of Appeals unless specifically designated otherwise in this Ordinance to be another authorized Board or Agency as allowed under the Massachusetts General Laws.
Story. The portion of a building included between the surface of a floor and the surface of the floor or roof next above, unless described as a “Half Story,” and not including a below-grade parking structure or basement.
Two-Family Dwelling. A residential building intended and designed to be occupied by two (2) families.
Existing Section 6323.a(3) should be amended as follows:
In Business District A, site plan for projects with more than twenty (20)
parking spaces on one lot or in one shared parking area, the criteria
established in Section 6335 for site plan review shall be used in lieu of those
identified for residential area in Section 6324.
(3) In Business Districts A and C, site plan review for projects shall be subject to Section 6330, using the review criteria established in Section 6335.
Or to take any other action relative thereto.