[Amended 8-9-2004 by Ord.
No. 04-184A; 12-19-2005 by Ord. No. 06-017]
A.
The Board of Appeals, upon written application duly made to the Board,
may grant special permits as hereinafter prescribed. Said special
permits may be issued only for uses which are in harmony with the
general purpose and intent of this chapter and shall be subject to
general and specific provisions hereinafter stated, and such permits
may also impose conditions, safeguards and limitations on time or
use.
(1)
Special permits as prescribed in § 235-63 in locations and for uses designated "S" in the Table of Use and Parking Regulations[1] and special permits or conditions allowed elsewhere in
this chapter.
[1]
Editor's Note: The Table of Use and Parking Regulations is included as an attachment to this chapter.
(3)
Special permits for uses accessory to activities permitted as a matter
of right, which activities are necessary in connection with scientific
research or scientific development or related production, whether
or not on the same parcel as activities permitted as a matter of right,
provided that the Board of Appeals finds that the proposed accessory
use does not substantially derogate from the public good.
B.
The Planning Board, upon written application, may grant special permits
as hereinafter prescribed.
(1)
Special permits as prescribed in § 235-65 for multifamily residential use in nonresidentially zoned areas.
(2)
Special permits providing for density incentives allowed in the BA-1 and BA-2 Districts in § 235-66.
[Amended 6-7-2021 by Order No. 2021-96]
(5)
Special permits under the affordable housing incentive program prescribed in § 235-73.1 of this chapter.
[Amended 5-1-1995 by Ord.
No. 95-189; 2-19-2002 by Ord. No. 02-066C]
A.
Application. Applications shall be filed with the City Clerk, and
a copy of said application, including the date and time of filing
certified by the City Clerk, shall be filed forthwith by the petitioner
with the special permit granting authority indicated heretofore. The
application shall be filed on such forms and with such accompanying
materials and in such manner as prescribed in the rules of the special
permit granting authority placed on file with the City Clerk by said
special permit granting authority.
B.
Public hearing. A public hearing shall be conducted by the special
permit granting authority within 65 days of the filing of an application.
The time and place of said hearing shall be fixed by the special permit
granting authority, which will give notice, and said notice shall
include the name of the petitioner, a description of the area or premises,
the street address, if any, or other adequate identification of the
area or premises which is the subject of the hearing, the date, time
and place of the hearing, the subject matter sufficient for identification
and the nature of the action or relief requested.
C.
Notice. Notice of the public hearing shall appear in a newspaper
of general circulation in the City. The first notice shall appear
at least 14 days before the scheduled hearing date, and the second
notice shall appear in the following week. In addition, notice of
the hearing shall be posted in a conspicuous place in City Hall for
14 days prior to the scheduled hearing. Mail notice is required to
be sent to abutters as they appear on the most recent tax list of
Melrose and of adjoining cities and towns if applicable, to owners
of land directly opposite on any public or private street or way as
they appear on the most recent tax list, to owners of land within
300 feet of the property line, to the Melrose Planning Board and to
the planning boards of adjoining cities and towns.
D.
Record. The public hearing shall be open to the public and shall
be conducted in a manner consistent with rules published by the special
permit granting authority. The special permit granting authority shall
cause to be made a detailed record of its proceedings and shall include
the vote of each member on each question, including whether absent
or not voting. The record shall state in detail the reasons for the
decisions made and shall record any limitations or conditions, if
any. A copy of the record shall be filed with the City Clerk within
14 days of the decision.
E.
Decision. The decision must be made within 90 days after the date
of the public hearing, and failure to take final action upon an application
for a special permit within 90 days following the date of the public
hearing shall be deemed to be a grant of the permit applied for. A
notice of the decision shall be mailed to the petitioner, abutters,
owners of land directly opposite on any public or private street or
way, owners of land within 300 feet of property line, even if in adjoining
cities or towns, the Melrose Planning Board, the planning boards of
adjoining cities or towns and to persons present at the hearing so
requesting notice of the decision. Notice of the decision shall inform
recipients of appellate rights under Section 14 of the Zoning Act.[1]
[1]
Editor's Note: See MGL c. 40A, § 14.
F.
Vote. A concurring vote of all but one of the members of the Board
of Appeals is required to grant a special permit or variance by said
Board, and two-thirds concurring vote of the Planning Board is required
to grant a special permit by said Board, except when only a simple
majority is required for multifamily housing, mixed-use development
in centers of commercial activity within a municipality, and reduced
parking space to residential unit ratio requirement, all pursuant
to the specifications in Section 9 of the Zoning Act.[2]
[Amended 4-18-2023 by Order No. 2023-86]
[2]
Editor's Note: See MGL c. 40A, § 9.
G.
Certification and recording of special permit or variance. Any special
permit or variance granted by a special permit granting authority
shall be certified by said authority and show the name and address
of the landowner or applicant if other than the owner. The notice
of special permit shall identify the land affected, set forth compliance
with statutory prerequisites and state that a special permit has been
granted and certify that copies of the decision and all plans referred
to in the decision have been filed with the City Clerk and the Planning
Board. No variance or special permit, or any extension, modification
or renewal thereof, shall take effect until a copy of the decision
bearing the certification of the City Clerk that 20 days have elapsed
and no appeal has been filed or, if such appeal has been filed, that
it has been dismissed or denied is recorded in the Registry of Deeds
with the date and time of such recording and indexed in the grantor
index under the name of the owner of record or is recorded and noted
on the owner's certificate of title. A special permit granted under
this chapter shall lapse in three years, which shall not include such
time required to pursue or await the determination of an appeal, from
the grant thereof, if a substantial use thereof has not sooner commenced
except for good cause or, in the case of permit for construction,
if construction has not begun by such date except for good cause.
[Amended 4-18-2023 by Order No. 2023-86]
J.
Conclusive nature of grant of special permit. Notwithstanding defect
in notice, appeal in accordance with Section 17 of the Zoning Act
shall constitute the exclusive remedy for complaint against the granting
of a special permit. In the case of defect in notice, complaint must
be commenced within 90 days from the time the decision is filed in
the City Clerk's office.
[Amended 5-4-1987 by Ord.
No. 1650]
A.
Before granting an application for a special permit, as allowed in § 235-61, the special permit granting authority, with due regard to the nature and condition of all adjacent structures and uses and the district within which the same is located, shall find all of the following general conditions to be fulfilled:
(1)
The use requested is listed in the Table of Use and Parking Regulations
as a special permit in the district for which application is made
or is so designated elsewhere in this chapter.
(2)
The requested use is essential or desirable to the public convenience
or welfare.
(3)
The requested use will not create undue traffic congestion or unduly
impair pedestrian safety.
(4)
The requested use will not overload any public water, drainage or
sewer system or any other municipal system to such an extent that
the requested use or any developed use in the immediate area or in
any other area of the City will be unduly subjected to hazards affecting
health, safety or the general welfare.
(5)
Any special regulations for the use set forth in this article are
fulfilled.
(6)
The requested use will not impair the integrity or character of the
district or adjoining districts nor be detrimental to the health,
morals or welfare.
B.
The special permit granting authority shall also impose, in addition
to any applicable conditions specified in this chapter, such additional
conditions as it finds reasonably appropriate to safeguard the neighborhood
or otherwise serve the purposes of this chapter, including but not
limited to the following: front, side or rear yards greater than the
minimum required by this chapter; screening buffers or planting strips,
fences or walls as specified by the special permit granting authority;
modification of the exterior appearance of the structures; limitation
upon the size, number of occupants, method and time of operation,
time duration of permit or extent of facilities; and regulation of
number and location of driveways or other traffic features beyond
the minimum required by this chapter. Such conditions shall be imposed
in writing, and the applicant may be required to post bond or other
security for compliance with said conditions in an amount satisfactory
to the special permit granting authority.
C.
In order that the special permit granting authority may determine
that the above-mentioned restrictions are to be met, a site plan or
revised site plan shall be submitted, in duplicate, to the special
permit granting authority by the applicant. Said site plan shall show,
among other things, all existing and proposed buildings, structures,
parking spaces, driveway openings, driveways, service areas and other
open uses, all facilities for sewage, refuse and other waste disposal
and for surface water drainage and all landscape features, such as
fences, walls, planting areas and walks. The special permit granting
authority shall, within 10 days after receipt thereof, transmit one
copy of such plan to the Planning Board or, in the case where the
Planning Board is the special permit granting authority, to the Board
of Appeals. Said Board may, in its discretion, investigate the case
and report in writing its recommendation to the special permit granting
authority.
D.
The special permit granting authority shall not take final action
on said plan until it has received a report thereon from the Planning
Board (or from the Board of Appeals where the Planning Board is the
special permit granting authority) or until said Planning Board (or
Board of Appeals) has allowed 35 days to elapse after receipt of such
plan without submission of a report thereon.
A.
As allowed in § 235-61A, the Board may authorize a variance for a particular use or parcel of land or to an existing building thereon from the terms of this chapter where, owing to conditions especially affecting such parcel or such building but not affecting generally the district in which it is located, a literal enforcement of the provisions of this chapter would involve substantial hardship, financial or otherwise, to the appellant and where desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this chapter.
B.
Before any variance is granted, the Board must find all of the following
conditions to be present:
(1)
Conditions and circumstances are unique to the applicant's lot, structure
or building and do not apply to the neighboring lands, structures
or buildings in the same district.
(2)
Strict application of the provisions of this chapter would deprive
the applicant of reasonable use of the lot, structure or building
in a manner equivalent to the use permitted to be made by owners of
their neighborhood lands, structures or buildings in the same district.
(3)
The unique conditions and circumstances are not the result of actions
of the applicant taken subsequent to the adoption of this chapter.
(4)
Relief, if approved, will not cause substantial detriment to the
public good or impair the purpose and intent of this chapter.
(5)
Relief, if approved, will not constitute a grant of special privilege
inconsistent with the limitations upon other properties in the district.
[Amended 4-6-2015 by Ord.
No. 2015-90; 6-7-2021 by Order No. 2021-96]
A.
General. Multifamily residential use may be authorized by special permits where the public good would be served after a finding by the Planning Board that such nonresidentially zoned area would not be adversely affected by such a residential use and that permitted uses in such a zone are not noxious to a multifamily use. In addition to this finding, the Board will also make the necessary special permit findings as set forth in § 235-63 and in particular impose conditions regarding open space. The Planning Board may require the preservation of open space through placing of parking within or under the building, the preservation of open space in its natural state, insofar as practicable, the minimizing of tree and soil removal and the maintenance of change of grade in keeping with the general appearance of neighboring developed areas or, in areas where changes are required, the provision of landscaping of parking areas and of the site.
B.
Location. Special permits for multifamily residential use may be
applied for only within the BA-1, BA-2 and BB-1 Districts.
C.
Dimensional and density regulations. The following dimensional increases may be allowed pursuant to the grant of a special permit under this § 235-65. Except as otherwise set forth below, all other provisions of this chapter shall apply.
(1)
BB-1 District:
(a)
Lots under 20,000 square feet: not applicable.
(b)
Lots 20,000 to 30,000 square feet: Article VI, Dimensional and Density Regulations, for UR-C Districts shall apply, with the exception of minimum lot area per dwelling unit and maximum stories, which shall be as determined by the Planning Board, but not exceeding a floor area ratio of 1.5 and further not exceeding a height of 62 feet.
(c)
Lots over 30,000 square feet: Article VI, Dimensional and Density Regulations, for UR-C Districts shall apply, with the exception of minimum lot area per dwelling unit and maximum stories, which shall be as determined by the Planning Board, but not exceeding a floor area ratio of 1.75 and further not exceeding a height of 62 feet.
(2)
BA-1 District and BA-2 District:
(a)
Lots under 20,000 square feet: not applicable.
(b)
Lots 20,000 to 50,000 square feet: Article VI, Dimensional and Density Regulations, for UR-C Districts shall apply, with the exception of minimum lot area per dwelling unit and maximum stories, which shall be as determined by the Planning Board, but not exceeding a floor area ratio of 2.0 and further not exceeding a height of 62 feet.
(c)
Lots over 50,000 square feet: Article VI, Dimensional and Density Regulations, for UR-C Districts shall apply, with the exception of minimum lot area per dwelling unit and maximum stories, which shall be as determined by the Planning Board, but not exceeding a floor area ratio of 3.0 and further not exceeding a height of 62 feet.
[Added 6-7-2021 by Order No. 2021-96[1]]
A.
Purpose. The purpose of this section is to allow for an increase
in density in the BA-1 and BA-2 Districts where such density is deemed
appropriate for projects that provide community benefits or amenities
beyond what is otherwise required in this chapter.
B.
Applicability.
(1)
The allowance of the density incentives require a special permit
granted by the Planning Board at their discretion for developments
in the BA-1 and BA-2 Districts.
(2)
The Planning Board, in exercising its discretion relative to the grant of the special permit, shall make the necessary findings as set forth in § 235-63 and shall also make a finding that the value of the community benefits and/or amenities offered as part of the development support the granting of the dimensional incentives. Applicants seeking a special permit pursuant to this § 235-66 shall be required to submit a financial analysis comparing the value of the community benefits and/or amenities offered in relation to the value of the incentives. To determine the value of the incentives, the applicant shall calculate the cost paid to acquire the additional development space or rights on the open market. The Board may also consider the intrinsic value of community benefits that may not have a financial value. These include but are not limited to social and public health benefits, reduced energy use and greenhouse gas emissions, and meeting other goals in the City's Master Plan.
C.
Incentives.
(1)
The following modifications to the dimensional and density requirements
in the zoning district may be permitted:
(2)
In
connection with the approval of any increase in allowable height or
FAR, the Planning Board may require that upper floors be stepped back
from the facade of the floor below on one or more sides of the building
to minimize the appearance of the building from the perspective of
pedestrians or in consideration of the heights, massing and uses of
surrounding buildings.
D.
Community benefits and/or amenities. Following is a list of benefits and/or amenities that will be considered by the Planning Board as part of an application seeking the development incentives under this § 235-66. The list is not intended to be an exhaustive list, and other amenities may be offered which will be considered at the discretion of the Planning Board.
(1)
Required:
(a)
Contribution to the City's Streetscape Improvement Fund.
[1]
Upon receiving a building permit for any residential or commercial
space for the project, a contribution to the City's Streetscape Improvement
Fund shall be made in the amount of $1,100 per dwelling unit and $1
per gross square foot for all other uses.
(b)
Inclusion of green building and sustainable design practices.
[1]
The development must include a package of green building and
sustainable design practices. Example measures include but are not
limited to high-performance building envelopes and insulation, electrification,
air or ground source heat pumps, green roofs, solar panels, and electric
vehicle charging infrastructure. Certification by a recognized green
building program is encouraged and will ensure compliance with this
standard.
(2)
Additionally, other options to be provided individually or in combination:
(a)
Green infrastructure and other stormwater mitigation measures
that are either on-site and capture considerable stormwater from surrounding
sites or off-site at a location identified by the City of Melrose's
Engineering Division as needing additional mitigation measures.
(b)
On- or off-site bicycle and pedestrian infrastructure and/or
enhanced transportation demand management techniques beyond what is
required in the site plan review regulations.
(c)
Parking within or under the building.
(d)
Increased amount of on- or off-site open space and tree planting
above the minimum required that is programmed for public use. Plantings
shall be of species native to the region. Open space could be in the
form of an active or passive park, restoring or creating new natural
areas, paths or nature trails accessible to the public.
[1]
Editors Note: This order also repealed former § 235-66,
Design review permits authorized by Planning Board, as amended 4-6-2015 by Ord. No. 2015-90.
[Amended 12-2-1974 by Ord. No. 18566]
For single-family residential development in a cluster pattern
in the SR, SR-A and SR-B Districts, subject to dimensional and density
regulation less than the minimum required for development of an individual
lot in the same district, the following conditions shall apply:
A.
The tract of land in a single or consolidated ownership at the time
of application shall be at least 15 acres in size and the plan of
which shall be subject to approval by the Planning Board under the
Melrose Land Subdivision Regulations.
B.
A site plan shall be presented to the Planning Board for the entire
tract.
C.
Each individual lot in the SR, SR-A and SR-B Districts shall be subject
to all requirements for a one-family detached dwelling in the UR-A
District.
D.
The total number of proposed lots in the development within the SR
District shall not exceed the number of lots which could be developed
under normal application requirements of the SR District. The total
number of proposed lots in the development within the SR-A District
shall not exceed the number of lots which could be developed under
normal application requirements of the SR-A District. The total number
of proposed lots in the development within the SR-B District shall
not exceed the number of lots which could be developed under normal
application of the requirements of the SR-B District. For purposes
of this subsection, it shall be assured that a maximum of 80% of the
total tract area could be utilized to meet lot area requirements.
E.
The proposed plan shall be in accordance with the Melrose Future
Land Use Plan as last revised.
F.
The development shall be served by both public water and public sewerage
systems.
G.
The minimum open space requirement shall be 50% of the total tract
area. A portion of the open space land, amounting to at least 10%
of the total tract area, shall be set aside as common land covenanted
to be maintained as permanent open space in private or cooperative
ownership. The form of covenant covering such common land shall provide
for its permanent ownership and maintenance and shall be subject to
the approval of the Planning Board and the City Solicitor. (With the
consent of the Council this common land may be deeded to the City.)
This common land shall be of such a physical character and appropriately
planned so as to be of use to the residents of the cluster development.
H.
Such common land shall be deeded to the City or permanently covenanted
simultaneously with the Planning Board's approval of the definitive
subdivision plan.
I.
Such common land shall be restricted to open space recreational uses,
such as tot-lot, park, playground, play field, golf course or conservation
area.
J.
Such common land shall have suitable access to a street.
For development in a planned unit concept in the SR-A District
for uses including, among others, residential, business and institutional
and not subject to the Table of Dimensional and Density Regulations,
the following conditions shall apply:
A.
The tract shall be in single or consolidated ownership, and the plan
for the tract shall be subject to the approval by the Planning Board
under the Melrose Land Subdivision Regulations. The tract shall be
at least 30 contiguous acres, which may be intersected by a street
or streets.
B.
The development may be totally new development or it may incorporate
existing development either in its present form or as altered through
rehabilitation.
C.
The following uses shall be permitted: residential, including townhouses
and multifamily dwellings; community facilities (religious or educational;
membership club for exclusive use of the residents of the planned
unit development; public recreation or open space; fire station);
public transportation terminal facility; and business establishments
selling convenience goods such as food, drugs and proprietary goods;
general merchandise such as dry goods, apparel and accessories, hardware,
home furnishings and similar items; personal and consumer services
establishments; and medical, other professional and business offices,
including financial, insurance and real estate offices.
D.
A maximum of 5% of the total residential gross floor area at any
one time may be devoted to business gross floor area.
E.
The minimum open space requirements shall be as follows: percent
of total tract area: 60%; percent of developed area: 20%. A portion
of the open space land, amounting to at least 10% of the total tract
area, shall be set aside as common land covenanted to be maintained
as permanent open space in private or cooperative ownership. The form
of covenant covering such common land shall provide for its permanent
ownership and maintenance and shall be subject to the approval of
the Planning Board and the City Solicitor. (With the consent of the
Council, this common land may be deeded to the City.) This common
land shall be of such a physical character and appropriately planned
so as to be of use to the residents and patrons of the development.
F.
The remaining land area may be developed for residential, community
facilities and business uses. In considering the application, the
Planning Board should determine the need for sites for community facilities
such as schools, playgrounds, fire stations and the like. Where such
a need is found, appropriate sites within the development shall be
set aside.
G.
The residential density shall not exceed 20 dwelling units per acre
of the total tract area.
H.
The locations of buildings shall be governed by the following:
(1)
All buildings shall be at least one foot from any lot line for each
foot of building height, but in no case shall any building be closer
than 15 feet to any lot line.
(2)
All principal buildings shall be at least 24 feet apart, except that
where building heights exceed 40 feet, these distances shall be increased
by one foot for each foot of height over 40 feet.
(3)
All principal buildings shall be at least 15 feet from any common
parking area.
J.
The development shall be served by both public water and public sewerage
systems.
K.
The principal streets shall be offered for acceptance as public ways.
Where retained as private ways, they shall be posted as such by standard
street signs.
L.
A location plan at a scale of one inch equals 650 feet shall be submitted.
M.
A site plan for the entire tract at a scale of one inch equals 40
feet, prepared by a recognized land planner, registered architect
or registered professional engineer, shall be submitted to the Planning
Board in duplicate and shall show, in addition to other items as may
be required by the Planning Board, at least the following:
(1)
Two-foot contours on the tract and within 50 feet thereof.
(2)
The location and acreage of areas to be devoted to specific uses.
(3)
Existing and proposed streets, parking, drainage and utility systems.
(4)
Proposed residential density of development in terms of dwelling
units per acre and type and proposed business uses in square footage
and types.
(5)
A separate plan showing the location of parks, open recreation areas
and other open spaces, schools and other public community uses.
(6)
A plan for landscaping, including existing natural features and proposed
landscaping, prepared by a registered landscape architect.
N.
The development plan shall be consistent with the Melrose Future
Land Use Plan as last revised.
For development in a planned unit concept in the UR-B, UR-C
and UR-D Districts for uses including, among others, residential,
business and institutional and not subject to the Table of Dimensional
and Density Regulations, the following conditions shall apply:
A.
The tract shall be in single or consolidated ownership, and the plan
for the tract shall be subject to the approval by the Planning Board
under the Melrose Land Subdivision Regulations. The tract shall be
at least five contiguous acres, which may be intersected by a street
or streets.
B.
The development may be totally new development or it may incorporate
existing development either in its present form or as altered through
rehabilitation.
C.
The following uses shall be permitted: residential, including townhouses
and multifamily dwellings; community facilities (religious or educational;
membership club for exclusive use of the residents of the planned
unit development; public recreation or open space; fire station);
public transportation terminal facility; and business establishments
limited to the following business uses: retail establishments selling
convenience goods such as food, drugs and proprietary goods; general
merchandise such as dry goods, apparel and accessories, hardware,
home furnishings and similar items; personal and consumer services
establishments; and medical, other professional and business offices,
including financial, insurance and real estate offices.
D.
A maximum of 5% of the total residential gross floor area at any
one time may be devoted to business floor area.
E.
For a planned unit development where the tract includes land in both the residential districts and the business districts under § 235-70, the proportion of any type of development at any one time shall be computed by applying the limits of Subsection D above to that portion of the total tract in the residential district and by applying the limits of § 235-70D to that portion of the total tract in the business district. However, the location of each type of use shall not be restricted by the zoning boundary.
F.
The minimum open space requirements shall be as follows: percent
of total tract area: 20%; percent of developed area: 10%. A portion
of the open space land, amounting to at least 10% of the total tract
area, shall be set aside as common land covenanted to be maintained
as permanent open space in private or cooperative ownership. The form
of covenant covering such common land shall provide for its permanent
ownership and maintenance and shall be subject to the approval of
the Planning Board and the City Solicitor. (With the consent of the
Council, this common land may be deeded to the City.) This common
land shall be of such a physical character and appropriately planned
so as to be of use to the residents and patrons of the development.
G.
The remaining land area may be developed for residential, community
facilities and business uses. In considering the application, the
Planning Board should determine the need for sites for community facilities
such as schools, playgrounds, fire stations and the like. Where such
a need is found, appropriate sites within the development shall be
set aside.
H.
The residential density shall not exceed 60 dwelling units per acre
of the total tract area.
I.
The locations of buildings shall be governed by the following:
(1)
All buildings shall be at least one foot from any lot line for each
foot of building height, but in no case shall any building be closer
than 15 feet.
(2)
All principal buildings shall be at least 24 feet apart, except that
where building heights exceed 40 feet, these distances shall be increased
by one foot of height over 40 feet.
(3)
All principal buildings shall be at least 15 feet from any common
parking area.
K.
The development shall be served by both public water and public sewerage
systems.
L.
The principal streets shall be offered for acceptance as public ways.
Where retained as private ways, they shall be posted as such by standard
street signs.
M.
A location plan at a scale of one inch equals 650 feet shall be submitted.
N.
A site plan for the entire tract at a scale of one inch equals 40
feet, prepared by a recognized land planner, registered architect
or registered professional engineer, shall be submitted to the Planning
Board in duplicate and shall show, in addition to other items as may
be required by the Planning Board, at least the following:
(1)
Two-foot contours on the tract and within 50 feet thereof.
(2)
The location and acreage of areas to be devoted to specific uses.
(3)
Existing and proposed streets, parking, drainage and utility systems.
(4)
Proposed residential density of development in terms of dwelling
units per acre and type and proposed business uses in square footage
and types.
(5)
A separate plan showing the location of parks, open recreation areas
and other open spaces, schools and other public community uses.
(6)
A plan for landscaping, including existing natural features and proposed
landscaping, prepared by a registered landscape architect.
O.
The development plan shall be consistent with the Melrose Future
Land Use Plan as last revised.
P.
The off-street parking requirements may be reduced where a common
parking area(s) serves a cluster(s) of business development. However,
reduction in parking space requirements shall not exceed more than
10% of those required under normal application of the requirements
set forth elsewhere in this chapter.[1]
[1]
Editor's Note: See Art. VIII, Off-Street Parking and Loading.
[Amended 4-6-2015 by Ord.
No. 2015-90]
For development in a planned unit concept in the BA-1, BA-2,
BB, BB-1, BC and BD Districts for uses including, among others, residential,
business and institutional and not subject to the Table of Dimensional
and Density Regulations, the following conditions shall apply:
A.
The tract shall be in single or consolidated ownership, and the plan
for the tract shall be subject to the approval by the Planning Board
under the Melrose Land Subdivision Regulations. The tract shall be
at least five contiguous acres, which may be intersected by a street
or streets.
B.
The development may be totally new development or it may incorporate
existing development either in its present form or as altered through
rehabilitation.
C.
The following uses shall be permitted: residential, including townhouses
and multifamily dwellings; community facilities (religious or educational;
membership club for exclusive use of the residents of the planned
unit development; public recreation or open space; fire station);
public transportation terminal facility; and business establishments
limited to the following business uses: retail establishments selling
convenience goods such as food, drugs and proprietary goods; general
merchandise such as dry goods, apparel and accessories, hardware,
home furnishings and similar items; personal and consumer services
establishments; and medical, other professional and business offices,
including financial, insurance and real estate offices.
D.
A maximum of 20% of the total land area at any one time may be devoted
to residential use.
E.
For a planned unit development where the tract includes land in both business districts and the residential districts under § 235-69, the proportion of any type of development at any one time shall be computed by applying the limits of Subsection D above to that portion of the total tract in the business district and by applying the limits of § 235-69D to that portion of the total tract in the residential district. However, the location of each type of use shall not be restricted by the zoning district boundary.
F.
The minimum open space requirements shall be as follows: percent
of total tract area: 10%; percent of developed area: 5%. A portion
of the open space land, amounting to at least 10% of the total tract
area, shall be set aside as common land covenanted to be maintained
as permanent open space in private or cooperative ownership. The form
of covenant covering such common land shall provide for its permanent
ownership and maintenance and shall be subject to the approval of
the Planning Board and the City Solicitor. (With the consent of the
Council, this common land may be deeded to the City.) This common
land shall be of such a physical character and appropriately planned
so as to be of use to the residents and patrons of the development.
G.
The remaining land area may be developed for residential, community
facilities and business uses. In considering the application, the
Planning Board should determine the need for sites for community facilities
such as schools, playgrounds, fire stations and the like. Where such
a need is found, appropriate sites within the development shall be
set aside.
H.
The residential density shall not exceed 60 dwelling units per acre
of the portion of the total land area devoted to residential use.
I.
The locations of buildings shall be governed by the following:
(1)
All buildings shall be at least one foot from any lot line for each
foot of building height, but in no case shall any building be closer
than 15 feet.
(2)
All principal buildings shall be at least 24 feet apart, except that
where building heights exceed 40 feet, these distances shall be increased
by one foot for each foot of height over 40 feet.
(3)
All principal buildings shall be at least 15 feet from any common
parking area.
K.
The development shall be served by both public water and public sewerage
systems.
L.
The principal streets shall be offered for acceptance as public ways.
Where retained as private ways, they shall be posted as such by standard
street signs.
M.
A location plan at a scale of one inch equals 650 feet shall be submitted.
N.
A site plan for the entire tract at a scale of one inch equals 40
feet, prepared by a recognized land planner, registered architect
or registered professional engineer, shall be submitted to the Planning
Board in duplicate and shall show, in addition to other items as may
be required by the Planning Board, at least the following:
(1)
Two-foot contours on the tract and within 50 feet thereof.
(2)
The location and acreage of areas to be devoted to specific uses.
(3)
Existing and proposed streets, parking, drainage and utility systems.
(4)
Proposed residential density of development in terms of dwelling
units per acre and type and proposed business uses in square footage
and types.
(5)
A separate plan showing the location of parks, open recreation areas
and other open spaces, schools and other public community uses.
(6)
A plan for landscaping, including existing natural features and proposed
landscaping, prepared by a registered landscape architect.
O.
The development plan shall be consistent with the Melrose Future
Land Use Plan as last revised.
P.
The off-street parking requirements may be reduced where a common
parking area(s) serves a cluster(s) of business development. However,
reduction in parking space requirements shall not exceed more than
10% of those required under normal application of the requirements
set forth elsewhere in this chapter.[1]
[1]
Editor's Note: See Art VIII, Off-Street Parking and Loading.
[Amended 5-4-1987 by Ord.
No. 1650; 4-6-2015 by Ord. No. 2015-90]
For the planned business development of land in the BA-1, BA-2, BB, BB-1, BC, BD, UR-C and UR-D Districts, the development shall be subject to all regulations of this chapter, except that the following shall be allowed through grant of a special permit for the planned business development by the Planning Board: building coverage greater than the maximum building coverage permitted in the Table of Density and Dimensional Regulations, parking requirements less than the parking requirements contained in Article VIII and additional uses as provided for below, provided that:
A.
The tract in single or consolidated ownership at the time of application
shall be at least three contiguous acres in size. A development plan
shall be presented for the entire tract.
B.
Regardless of the zone in which a planned business development is
located, all of the uses listed in the Table of Use and Parking Regulations
under the categories "community facilities," "retail service commercial,"
"wholesale, transportation and industrial" and "accessory use" shall
be permitted in a planned business development provided the specific
uses are approved by the Planning Board when the development plan
for the planned business development is approved.
C.
Uses may be contained in one continuous building or in groupings
of buildings. The Planning Board shall review the site plan with respect
to safety of the users of the development and further with respect
to the overall intent of this section. The development of one continuous
building or the development of a grouping of buildings may be served
by one common parking area and by common exit and entrance areas,
in which case a reduction in the parking area may be allowed.
D.
The minimum open space requirement shall be 5%.
E.
As part of the approval of any planned business development, the Planning Board shall review plans and may issue a special permit for accessory parking for compliance with Article VIII of this chapter. Where conditions unique to a planned business development so justify, the Planning Board may grant a maximum of a ten-percent reduction of the parking space requirements indicated in the Table of Off-Street Parking Regulations.[1]
F.
A site plan shall be presented for the entire tract showing two-foot
finished contours, existing and proposed drainage, sewerage, water,
parking and street access. A separate plan for landscaping shall be
presented.
G.
The development plan shall be consistent with the Melrose Future
Land Use Plan as last revised.
H.
The development shall be served by both public water and public sewerage
systems, both of which must be adequate to accept the proposed development.
I.
Signs shall be governed by the regulations of Article VII, except that projecting signs shall not be permitted.
J.
The plan shall provide for adequate access in relation to the anticipated
traffic generation by the proposed development.
K.
The plan shall be evaluated with respect to its impact upon the neighborhood,
its effect on City services such as fire protection and its overall
demands on the City. The design of each building in a planned business
development shall be reviewed and approved by the Planning Board to
ensure that it is reasonably appropriate in relation to the approved
plan.
[Added 4-7-2008 by Ord.
No. 08-128; amended 7-21-2014 by Ord. No. 2014-146]
A.
Purpose. The purposes of the Smart Growth District are:
(1)
To promote economic development and neighborhood revitalization
through the redevelopment and reuse of industrial buildings and related
sites;
(2)
To provide housing options which are sufficient to meet the
needs of households at varying income levels and different stages
of life;
(3)
To promote high-quality, sustainable design that reinforces
and enhances neighborhood identity and minimizes negative impacts
on the environment;
(4)
To create a pedestrian-friendly environment that promotes walking,
bicycling and transit use, and encourages reduced vehicle ownership;
and
(5)
To promote a mix of compatible uses.
B.
Definition and applicability.
(1)
A "Smart Growth District project" ("SGD project") is a development that complies with all the provisions of this § 235-71.1, including provisions relating to uses, density, site and building dimensions, off-street parking, building design, lighting, and signs.
(4)
An SGD project shall be subject to site plan review under § 235-16.1. Site plan review approval for an SGD project is contingent upon the Planning Board, acting as the Site Plan Review Committee, finding that the requirements of this § 235-71.1 are met in addition to the site plan review criteria described in § 235-16.1.
C.
Establishment of Smart Growth District.
(1)
The Smart Growth District (SGD) is established as an overlay district that may be applied to land in the Industrial A District as described herein, which is referred to herein as the "underlying district." When a parcel is placed within the SGD, it also remains in the underlying Industrial A District and must comply with the regulations of the Industrial A District except as specifically modified by this § 235-71.1.
(2)
The Smart Growth District includes the following parcels, identified
by Assessors' Map and lot numbers as of January 1, 2007. This list
of parcels is intended to include all properties shown on the Melrose
Zoning Map as the Industrial A District located on lower Washington
Street.
|
Map
|
Lots
| |
|---|---|---|
|
B1
|
5
| |
|
B2
|
16-18, 17, 19, 20, 21, 35, 36, 37
| |
|
B3
|
57, 58, 58A, and the private way known as Stone Place
|
D.
Permitted uses.
(1)
An SGD project may include, and shall be limited to, the following
permitted uses, alone or in combination:
(a)
Multifamily residential, including townhouses and apartment
buildings and including accessory uses thereto.
(b)
Retail establishments selling convenience goods such as food, drugs and proprietary goods, or general merchandise such as dry goods, apparel and accessories, hardware, home furnishings and similar items, provided that no individual establishment, except such businesses in existence in the Industrial A District at the time of the effective date of this § 235-71.1, shall exceed 15,000 square feet gross floor area.
(c)
Retail food establishment with a floor area of less than 3,000
square feet in conjunction with an off-premises liquor license.
(d)
Personal and consumer services establishments, including beauty
and barber shops, clothing rental, dry cleaning pickup shops, garment
repair, tailors, and similar businesses providing frequent or recurrent
services related to personal needs, and including accessory retail
sales of products related to the services offered at such consumer
services establishments.
(e)
Professional and business offices, including but not limited
to medical, legal, insurance, architects, engineers, and real estate
offices. This does not include banks and financial institutions or
substance abuse treatment centers.
(f)
Restaurants, coffee shops, and similar establishments selling
prepared food to be consumed on or off site.
(g)
Studios of artists or artisans, including persons engaged in
the application, teaching, or performance of fine arts such as but
not limited to drawing or painting, sculpture, vocal or instrumental
music, or writing, and including the accessory sale of art produced
on the premises.
(h)
Live/work space, combining a dwelling unit with an integrated
work space principally used by one or more of the residents of the
unit.
(2)
An SGD project may include more than one principal structure
on a single lot, provided that the Planning Board finds through the
site plan review process that safe and convenient access will be provided
to all structures.
(3)
An SGD project shall not include any use which consists of drive-through
service, whereby a product or service is provided to a person who
remains in a vehicle.
E.
Dimensional and density regulations.
(1)
Lot area and frontage. An SGD project shall have a minimum lot
area of 0.5 acre and a minimum frontage on a public way of at least
100 feet.
(2)
Yards.
(a)
Minimum yards. Each lot within the SGD project shall comply
with the following requirements:
(b)
Maximum front yard.
[1]
In order to define a consistent building line along
the street, new buildings shall not be set back more than 20 feet
from the front property line.
[2]
The maximum front yard may be increased to 30 feet
provided that the additional yard area incorporates a courtyard or
sitting area at least 1,500 square feet in area and at least 20 feet
deep that adjoins and is open on one or more sides to the public sidewalk;
is open to the public for exclusive use by pedestrians; contains pedestrian
amenities such as seating; and is landscaped to create a separation
from the street, to provide shade, to reduce noise, and to mitigate
fumes.
[3]
At least 60% of the front side of a lot facing
a public street, measured in percentage of linear feet of the frontage,
shall be occupied by buildings or open space.
(c)
The Planning Board may require, on the basis of site plan review,
an accessway to improve pedestrian circulation and for public safety
access.
(3)
Building separation. Buildings on a single lot shall be at least
18 feet apart to provide adequate separation for emergency access.
(4)
Development intensity.
(5)
Open space.
(a)
An SGD project shall include open space at least equal to the
percentage of total lot area as set forth below:
[1]
An SGD project that involves only the rehabilitation of an SGD landmark building, as defined in Subsection G(2), provided that there is no increase in the footprint of the building and the gross floor area is increased by no more than 50%: 10%.
[2]
An SGD project that involves the rehabilitation
of an SGD landmark building, regardless of increase in footprint or
floor area, and may include new construction: 25%.
[3]
Any other SGD project: 35%.
(b)
The open space requirement shall apply to the SGD project as
a whole, regardless of whether the SGD project consists of a single
lot or multiple lots.
(c)
In recognition of the increased open space and recreation demands
that will result from new residential development, an SGD project
shall also contribute to the City's off-site public open space as
follows:
[1]
Upon receiving a building permit for any residential
units in an SGD project, the applicant shall make a contribution to
the City's Open Space Fund in the amount of $1,100 per dwelling unit.
(6)
Building and structure height.
(a)
The maximum permitted height for buildings in an SGD project
shall be 60 feet, except as follows:
[1]
No part of a building that is less than 40 feet
from a front lot line shall exceed a height of 50 feet.
[2]
No part of a building that is less than 40 feet
from a side lot line abutting a residential district shall exceed
a height of 50 feet.
[3]
No part of a building that is less than 50 feet
from a rear lot line abutting a residential district shall exceed
40 feet. No part of a building that is less than 100 feet from a rear
lot line abutting a residential district shall exceed a height of
50 feet.
[4]
No part of a building shall have a height that
is greater than its distance to the front lot line of any residentially
zoned property on the opposite side of the street, less 25 feet. [For
example, if the street right-of-way is 45 feet and the building in
an SGD project is set back 15 feet from the property line, the maximum
height at that point shall be (45+15)-25 = 35 feet.]
(b)
The height of a building or structure in the SGD shall be defined as the vertical distance from the average grade of Washington Street, along the frontage of the lot/s of the SGD project at the time of the site plan review application, to the top of the structure of the highest roof beams of a flat roof, the deck of a mansard roof or the mean level of the highest gable or slope of a hip roof. This shall supersede the definition of "height" in § 235-5 for an SGD project.
(c)
A roof appurtenance enclosing mechanical equipment may exceed the applicable maximum building height established by Subsection E(6)(a) above, provided that:
(d)
Parking structures not integrated into a building primarily
for human occupation shall be no more than 28 feet in height to the
deck of the highest parking area.
(7)
Building coverage. The maximum permitted coverage by all buildings
in an SGD project shall be 50%. This requirement shall apply to the
SGD project as a whole, regardless of whether the SGD project consists
of a single lot or multiple lots.
(8)
Existing nonconforming buildings. An SGD project may include a building in existence on the effective date of this § 235-71.1 which does not conform to the requirements set forth in Subsection E relating to minimum or maximum front yard, minimum side yard, maximum building height, or minimum building separation. No change shall be made to lot lines, building footprint or building height that further increases any such nonconformity unless the Planning Board determines, based on site plan review, that such change is necessary for structural or access reasons or to meet the design standards of this section.
F.
Off-street parking.
(1)
Off-street parking spaces shall be provided as follows:
|
Use
|
Spaces Required
| ||
|---|---|---|---|
|
Residential
|
1.0 space per studio or 1-bedroom dwelling unit
| ||
|
1.5 spaces per 2-bedroom dwelling unit
| |||
|
2.0 spaces per 3-bedroom dwelling unit
| |||
|
1.0 visitor space per 10 residential units
| |||
|
Office and retail
| |||
|
Ground floor
|
1.0 space per 350 square feet gross floor area
| ||
|
Floors above ground level
|
1.0 space per 500 square feet gross floor area
| ||
(2)
Notwithstanding Subsection F(1), the overall off-street parking requirement (total parking spaces divided by total dwelling units) may be less than 1.5 per unit but shall not be less than 1.25 per unit.
(3)
On-street parking on public streets and internal ways may be
permitted within the Smart Growth District provided all necessary
approvals are obtained, but on-street parking on public streets shall
not be used to meet the minimum requirements for off-street parking.
(4)
The Planning Board may allow shared or reduced parking requirements
for uses having different peak times of parking demand requirements
or if a use needs a lesser number of parking spaces than is required.
Evidence which supports these shared or reduced parking requirements
shall be produced in a report from a traffic engineer engaged by the
applicant and approved by the Planning Board as part of site plan
review. Where shared parking is to serve uses on separate lots, documentation
shall be provided establishing the permanent legal right for such
shared use. Factors that the Planning Board may consider include but
are not limited to:
(a)
Proximity to available public parking with demonstrated availability
to support the project.
(b)
Characteristics of the occupants that create less parking demand,
such as age or household income.
(c)
Provision of a mix of uses on site with offset peak parking demand
times.
(d)
A shared parking agreement with proximate properties with offset
parking demand times.
(e)
Dedication of spaces for car-sharing services (e.g., Zipcar).
(f)
Employers who provide transit incentives for their employees.
(5)
Parking setbacks.
(a)
Surface parking areas shall conform to the following minimum
setback requirements:
[1]
From a public street: 30 feet.
[2]
From an internal way (not to include parking lot
drive aisles): 10 feet.
[3]
From a structure: 10 feet.
[4]
From a side or rear lot line where the abutting property is within the SG District notwithstanding any other setback provision within this Subsection F(5)(a): five feet.
[5]
From a lot line abutting the railroad right-of-way:
five feet.
[6]
From any other side or rear lot line: 10 feet.
(b)
Parking structures shall conform to the following minimum setback
requirements:
(c)
No surface parking area or parking structure shall be closer
to a public street than the closest principal building.
(6)
Bicycle parking facilities or storage shall be provided as follows,
assuming one space accommodates one bicycle:
|
Use
|
Bicycle Parking Required
| |
|---|---|---|
|
Residential
|
1.0 space per 20 dwelling units
| |
|
Office
|
2.0 spaces per 10,000 square feet gross floor area
| |
|
Retail
|
2.0 spaces per 10,000 square feet gross floor area
|
G.
Design standards. All SGD projects shall comply with the following
design standards, unless the Planning Board finds, through site plan
review, any standard to be inappropriate for the proposed use.
(1)
Building design.
(a)
New buildings shall be designed to be compatible with SGD landmark buildings, as defined in Subsection G(2) herein, in terms of their massing, size, scale, and architectural features.
(b)
Exterior materials that are primarily associated with domestic
residential buildings, such as wood clapboards and shingles, or that
are relatively impermanent, such as exterior insulation and finish
systems (EIFS), plywood, aluminum and vinyl, are discouraged.
(c)
Building facades shall articulate the line between the ground
and upper levels with a cornice, canopy, balcony, arcade, or other
visual device.
(d)
Building facades facing public streets or Stone Place, or within
30 feet of main entrances, shall reflect a high level of detail refinement.
(e)
Building facades more than 50 feet in length shall be divided
into shorter segments by means of changes in materials, varying rooflines
or other architectural treatments.
(f)
Rooftop building systems, such as mechanical and electrical
equipment and antennas, shall be screened with appropriate architectural
elements from all key observation points.
(g)
New buildings and renovations shall incorporate sustainable
design and construction practices as governed by the Energy Star and
WaterSense Programs to the extent reasonable, and developers are strongly
encouraged to achieve United States Green Building Council LEED certification
for their building or its reasonable equivalent.
(h)
For new buildings containing commercial uses, at least 60% of
the street-facing building facade between two feet and eight feet
in height shall be comprised of clear windows that allow views of
indoor space or product display areas. This requirement shall not
apply to buildings accessory to residential uses and not open to the
general public, such as clubhouses.
(i)
Buildings or building facades shall not be designed primarily
according to themes or architectural styles defined by or associated
with corporate chains or franchises. The Planning Board may prohibit
designs that it finds to be inconsistent with this provision.
(2)
Historic preservation.
(a)
The following buildings or portions of buildings, identified
in Figure 1, are designated "SGD landmark buildings":
|
A - 78 Stone Place
| |
|
B - 111 Washington Street/72 Stone Place
| |
|
C - 99 Washington Street
| |
|
D - 99B Washington Street
|
 |
(b)
No SGD landmark building shall be demolished.
(c)
Any alteration or addition to a SGD landmark building shall
not modify its architectural features in such a way as to impair or
detract from the building's historic character.
(d)
The Planning Board may prohibit alterations or additions to
SGD landmark buildings that it finds to be materially inconsistent
with this provision.
(3)
Landscaping.
(a)
Landscape materials shall be sustainable, requiring minimal
maintenance, irrigation or fertilizer, and shall be planted with species
that are native to the area, tolerant of salt, and capable of withstanding
extreme weather conditions.
(b)
Street trees shall be planted by the developer along all public
streets and internal ways within and abutting the property.
[1]
Trees shall be planted at intervals of no more
than 40 feet along both sides of the roadway. If the Planning Board
determines through site plan review that such spacing is not feasible,
it may alter the spacing or determine that up to the equivalent number
of trees shall be planted elsewhere on the site.
[2]
Trees shall be of a species common to the area,
and shall be appropriate species to provide summer shade, winter light,
and year-round visual interest.
[3]
Trees shall be 2.5 inches caliper at four feet
above grade and reach a height of at least 30 feet at maturity.
(c)
All dumpsters and utility/service areas shall be screened with
adequate plantings and/or landscape structures appropriate to the
scale and character of the neighborhood.
(d)
A landscaped buffer strip at least 10 feet in width shall be
provided along any lot line that abuts a residential zoning district.
The buffer strip shall contain a vegetative screen not less than three
feet wide and six feet high relative to the lot line, designed and
maintained to provide a dense screen year round. The screen shall
be planted with trees or shrubs no more than three feet on center.
At least 50% of the plantings shall consist of evergreens, distributed
along the length of the buffer strip.
(4)
General site design.
(a)
Roadways, sidewalks and other infrastructure shall be designed
in accordance with the City of Melrose's Subdivision Regulations,
and with the additional standards set forth below.
(b)
Sidewalks, crosswalks, walkways, or other pedestrian access
shall be provided to allow for safe and convenient access to adjacent
properties and between individual buildings, parking areas and other
points of interest within a development. Sidewalks and walkways shall
be constructed of cementitious concrete and shall be minimally broken
by vehicular access.
(c)
Pedestrian amenities such as benches, planters, trash receptacles,
walkways and gardens, etc., shall be provided along the sidewalks
of public streets and in open space plazas.
(d)
All utilities servicing an SGD project shall be placed underground,
unless prohibited by a utility company. All utilities on new internal
roadways servicing an SGD project shall be placed underground. All
utility and drainage requirements shall be approved as part of the
site plan review process and not subject to any other sections of
the Zoning Ordinance.
(e)
Off-street parking and loading spaces, internal ways, and maneuvering
areas shall be designed to provide for adequate drainage, snow storage
and removal, maneuverability and curb cuts.
(f)
Granite curbing shall be used along all roads and private internal
ways. Cementitious concrete curbing may be substituted for granite
curbing in all other locations.
(g)
The number of driveway curb cuts along Washington and Pleasant
Streets shall be kept to a minimum.
(h)
Driveways shall be consolidated and aligned with existing intersections
as feasible.
(i)
Appropriate traffic control devices, including signage, shall
be installed at driveways.
(j)
Adequate sight distance shall be provided at driveways.
(5)
Parking.
(a)
Surface lots shall be screened along all public streets by a landscaped buffer not less than six feet in depth, or by walls or fencing at least three feet high and compatible with the adjacent architecture, and shall be designed to ensure that lights from cars within the surface lots do not spill into adjacent streets and properties. These provisions shall not apply to SGD projects that are limited to the rehabilitation of a building or buildings in existence at the time of the effective date of this § 235-71.1 and do not include the construction of new buildings.
(b)
Parking structures and lots shall have well-designed and marked
pedestrian walkways and connections to the sidewalk system.
(c)
Parking structures shall be designed to be compatible with adjacent
buildings and architecture. All structured parking shall be designed
so that the only openings at street level are those to accommodate
vehicle ingress and egress and pedestrian access to the building.
All openings shall be designed so that vehicles are not visible from
the sidewalk on a public street.
(d)
Parking and loading areas shall be screened from view from public
ways. They may be located at the side or rear of a lot or in concealed
structures and shall be suitably screened both visually and acoustically
from the street and abutters. Any views into parking structures shall
be minimized through use of landscaping or architectural treatment.
(6)
Site lighting.
(a)
Broad area lighting shall be avoided.
(b)
Parking lot pole lighting shall not exceed a height of 18 feet.
(c)
Lighting shall be installed along roadways, driveways, pedestrian
walkways and sidewalks.
(d)
Lighting shall not create overspill onto adjacent properties
or into the night sky and shall meet the following requirements:
[1]
Any luminaire with a lamp or lamps rated at a total
of more than 1,800 lumens (and any flood or spot luminaires of more
than 900 lumens) shall be of fully shielded (cutoff) design and shall
not emit any direct light above a horizontal plane passing through
the lowest part of the light-emitting luminaire.
[2]
Luminaires, regardless of lumen rating, shall be
equipped with whatever additional shielding, lenses, or cutoff devices
are required to eliminate light trespass onto any abutting lot or
parcel and to eliminate glare perceptible to persons on abutting land.
[3]
Building facades may be illuminated with soft lighting
of low intensity that does not draw attention to the building. The
light source for the building facade illumination shall be concealed.
Building entrances may be illuminated using recessed lighting in overhangs
and soffits or by use of spotlighting focused on the building entrances
with the light source concealed (e.g., in landscaped areas). Direct
lighting of limited exterior building areas is permitted when necessary
for security purposes.
[4]
A flood or spot luminaire with a lamp or lamps
rated at 900 lumens or less may be used without restriction to light
distribution, provided that it is aimed, directed, or focused so as
not to cause direct light from the luminaire to be directed toward
buildings on adjacent or nearby land or to create glare perceptible
to persons operating motor vehicles on public ways.
(e)
Lamp type shall be selected to provide a natural uniform quality
of light, rather than a strong color such as yellow or blue.
(f)
The style of light poles and fixtures shall be compatible with
the character of the area and any existing City standards.
(g)
Parking and pedestrian light fixtures shall be compatible with
the building lighting to provide for a consistent appearance of the
project.
(7)
Infrastructure.
(a)
Smart Growth District projects shall demonstrate that adequate water supply and pressure are available, adequate sewerage capacity is available, adequate stormwater management is provided, traffic circulation on site is safe and convenient and the traffic flow and circulation at nearby intersections is preserved, pursuant to the criteria stipulated in § 235-16.1. Analysis and documentation of compliance with these standards shall be prepared by registered engineers and/or other appropriate professionals. When the size and complexity of a proposal for an SGD project warrants an independent review of the impacts, the applicant will be responsible for funding such independent peer review.
(b)
In cases where a specific SGD project would not otherwise meet
the above criteria, the developer shall implement mitigation measures,
including but not limited to improvements to public infrastructure,
to adequately address any deficiency.
(8)
Signs.
(b)
An SGD project may have up to two standing signs complying with
the following standards:
(c)
Within an SGD project, each business that has an exterior public
entrance may have one wall sign, attached and parallel to the facade
containing said entrance, as follows:
(d)
Within an SGD project, each business that has an exterior public
entrance may have one projecting (blade) sign, attached and perpendicular
to the facade containing said entrance, as follows:
(e)
Signs in display windows may be permitted provided that such
signage shall not cover more than 10% of the display window area and
shall be lighted only by building illumination (stationary white light).
(f)
Signs may be illuminated only by an external source of steady,
stationary white light, of reasonable intensity, shielded and directed
solely at the sign, and not casting direct or reflected light off
the premises. No sign shall be illuminated internally or from behind
a translucent sign face. All light fixtures shall either be decorative
(such as goose-neck lights) or camouflaged. Wiring should be concealed
within building molding and lines.
(g)
The following additional signs are permitted in an SGD project:
[1]
Any traffic or directional sign owned and installed
by a governmental agency.
[2]
One unlighted temporary sign offering premises
for sale or lease for each parcel in one ownership, provided that
it shall not exceed six square feet in surface area and it shall be
set back at least 10 feet from the street lot line.
[3]
One unlighted temporary sign of an architect, engineer
or contractor erected during the period such person is performing
work on the premises on which such sign is erected, provided that
it shall not exceed four square feet in surface area and it shall
be set back at least 10 feet from the street lot line.
(h)
Additional sign regulations.
[1]
The limitations as to the number of signs permitted
does not apply to traffic or directional signs which are necessary
for the safety and direction of residents, employees, customers and
visitors, whether in a vehicle or on foot, of any business, industry
or residence. Such signs shall not carry the name of any business
or product.
[2]
The supporting members for any sign shall be in
acceptable proportion to the size of the sign.
[3]
Any sign attached to a building shall not extend
above the height of the roof of the building.
[4]
No sign shall be erected so as to obstruct any
door, window or fire escape on a building.
[5]
Signage should employ colors and type faces that
complement the primary architectural style of the building.
[6]
Signs should be made of durable materials compatible
with the materials of the building served.
[7]
Signage shall be integrated into the architecture.
Signage that covers or obscures significant architectural details
of the building shall be avoided.
[8]
In a multiple storefront building, the signage
should be of a size, location, material and color that relates harmoniously
between bays.
[9]
Neon signs, reader boards, LED lights, or other
similar signs shall not be permitted.
H.
Affordable housing.
(2)
In an SGD project, the affordable units (as defined in § 235-73.1A) shall qualify for inclusion on the Massachusetts Department of Housing and Community Development's Chapter 40B Subsidized Housing Inventory (SHI) or any successor inventory. Failure to maintain compliance with the criteria for inclusion on the SHI, or removal of an affordable unit from the SHI for any reason, shall be deemed to be noncompliance with this § 235-71.1.
(3)
Unless otherwise required for inclusion on the SHI, the rent
price, including utilities, of an affordable unit in an SGD project
shall be established using the income of households making 80% of
the median household income in the Metropolitan Area Boston-Cambridge-Quincy
HMFA Standard Metropolitan Statistical Area, adjusted for family size,
and shall not exceed 30% of the income of said median household.
(4)
Unless otherwise required for inclusion on the SHI, the sale
price of an affordable unit in an SGD project shall be established
using the income of households making 80% of the median household
income in the Metropolitan Area Boston-Cambridge-Quincy HMFA Standard
Metropolitan Statistical Area, adjusted for family size. The mortgage
payment, assuming 5% down payment and including hazard insurance,
real estate taxes, condominium fees and, where applicable, private
mortgage insurance, shall not exceed 30% of the income of said median
household.
(5)
Regardless of the rent or sales price limitations in the previous
subsections, the developer of an SGD project may choose to reduce
the rent or sales price of the affordable unit/s.
I.
Ownership and maintenance of common facilities.
(1)
All internal streets, ways, and parking areas shall be privately
owned. The maintenance of all such private streets, ways and parking
areas, including but not limited to snowplowing, patching and repaving,
shall remain the responsibility of the owner. All deeds conveying
any portion of the land containing private streets, ways, or parking
areas shall note this private responsibility of maintenance.
(2)
In order to ensure that any proposed common open space and common
facilities within the development will be properly maintained, any
SGD project in which dwelling units shall be offered for sale shall
have a residents' association, which shall be in the form of a corporation,
nonprofit organization or trust established in accordance with appropriate
state law by a suitable legal instrument or instruments recorded at
the Registry of Deeds or Registry District of the Land Court. As part
of the site plan review, the applicant shall supply to the Planning
Board copies of such proposed instrument.
J.
Development phasing.
(1)
An SGD project may be developed in phases and may be developed
under one or more building permits and occupancy permits. Phasing
of the development and associated infrastructure shall be specified
in the site plan approval.
(2)
Lot area coverage, open space, affordable housing, off-street
parking and required mitigation shall correspond with the sequence
of development implemented in the SGD project, so that at all times
such requirements shall be met as applied only to those portions of
the SGD project for which building permits have been issued. Such
requirements shall be met prior to the issuance of certificates of
occupancy for such buildings.
[Added 7-21-2014 by Ord.
No. 2014-146; amended 4-6-2015 by Ord. No. 2015-90]
A.
Purpose. The purposes of the Rail Corridor Overlay District are:
(1)
To promote economic development and neighborhood revitalization
through the redevelopment of underutilized structures and sites;
(2)
To provide housing options which are sufficient to meet the
needs of households at varying income levels and different stages
of life;
(3)
To promote high-quality, sustainable design that reinforces
and enhances neighborhood identity and minimizes negative impacts
on the environment;
(4)
To create a pedestrian-friendly environment that promotes walking,
bicycling, and transit use and encourages reduced vehicle ownership;
and
(5)
To promote a mix of compatible uses.
B.
Definition and applicability.
(1)
A "Rail Corridor Overlay District project" ("RCOD project") is a development that complies with all the provisions of this § 235-71.2, including provisions relating to uses, density, site and building dimensions, off-street parking, building design, lighting, and signs.
(4)
An RCOD project shall be subject to site plan review under § 235-16.1. Site plan review approval for an RCOD project is contingent upon the Planning Board, acting as the Site Plan Review Committee, finding that the requirements of this § 235-71.2 are met in addition to the site plan review criteria described in § 235-16.1.
C.
Establishment of Rail Corridor Overlay District.
(1)
The Rail Corridor Overlay District (RCOD) is established as an overlay district that may be applied to land in the Extensive Business (BB-1) District as described herein, which is referred to herein as the "underlying district." When a parcel is placed within the RCOD, it also remains in the underlying district and must comply with the regulations of the underlying district except as specifically modified by this § 235-71.2.
(2)
The Rail Corridor Overlay District includes the following parcels,
identified by Assessors' Map and lot numbers as of March 1, 2014.
This list of parcels is intended to include all properties shown on
the Melrose Zoning Map in the Extensive Business (BB-1) Districts
located on Tremont Street and Essex Street.
|
Map
|
Lots
| |
|---|---|---|
|
B9
|
105, 1067A8 (106, 107A, 108), and 109
| |
|
B10
|
64, 65-66+, 67, 68, 69, 70, 71, 72, and 73-74
| |
|
B11
|
70, 71, 72, 74, 75, and 76
| |
|
C7
|
55 and 56
| |
|
C8
|
1, 2-3, 4, 5, 6, 7, 8, 9, 10+, 12, 14, 40, and 48
| |
|
C11
|
1-1A, 2, 126 and 127
|
D.
Permitted uses.
(1)
An RCOD project may include, and shall be limited to, the following
permitted uses, alone or in combination:
(a)
Multifamily residential, including townhouses and apartment
buildings and including accessory uses thereto;
(b)
Retail establishments selling convenience goods such as food,
drugs and proprietary goods, or general merchandise such as dry goods,
apparel and accessories, hardware, home furnishings, and similar items,
provided that no individual establishment shall exceed 10,000 square
feet of gross floor area;
(c)
Personal and consumer services establishments, including beauty
and barber shops, clothing rental, dry cleaning pickup shops, garment
repair, tailors, and similar businesses providing frequent or recurrent
services related to personal needs, and including accessory retail
sales of products related to the services offered at such consumer
services establishments;
(d)
Professional and business offices, including but not limited
to medical, legal, insurance, architects, engineers, and real estate
offices. This does not include banks and financial institutions or
substance abuse treatment centers;
(e)
Veterinary hospitals, provided that no individual establishment
shall exceed 10,000 square feet of gross floor area;
(f)
Restaurants, coffee shops, and similar establishments selling
prepared food to be consumed on or off site;
(g)
Studios of artists or artisans, including persons engaged in
the application, teaching, or performance of fine arts such as but
not limited to drawing or painting, sculpture, vocal or instrumental
music, or writing, and including the accessory sale of art produced
on the premises; and
(h)
Assisted living facilities.
(2)
An RCOD project may include more than one principal structure
on a single lot, provided that the Planning Board finds through the
site plan review process that safe and convenient access will be provided
to all structures.
(3)
An RCOD project shall not include any use which consists of
drive-through service, whereby a product or service is provided to
a person who remains in a vehicle.
E.
Dimensional and density regulations.
(1)
Lot area and frontage. An RCOD project shall have a minimum
lot area of 10,000 square feet and a minimum frontage on a public
way of at least 50 feet.
(2)
Lot depth. An RCOD project shall have a minimum lot depth of
90 feet.
(3)
Yards.
(a)
Minimum yards. Each lot within the RCOD project shall comply
with the following requirements:
[1]
Minimum front yard: 10 feet from the lot line.
[2]
Minimum side yard: five feet from the lot line.
[a]
Abutting a UR-B Zoning District: 12 feet from the
lot line.
[3]
Minimum rear yard: 10 feet from the lot line.
[a]
Abutting a UR-B Zoning District: 15 feet from the
lot line.
[4]
Corner lots shall have a minimum rear yard setback
of five feet.
(b)
Maximum front yard.
[1]
In order to define a consistent building line along
the street, new buildings shall not be set back more than 15 feet
from the front property line.
[2]
The maximum front yard may be increased to 25 feet,
provided that the additional yard area incorporates a courtyard or
sitting area at least 1,500 square feet in area and at least 20 feet
deep that adjoins and is open on one or more sides to the public sidewalk;
is open to the public; contains pedestrian amenities such as seating;
and is landscaped to create a separation from the street, to provide
shade, to reduce noise, and to mitigate fumes.
[3]
At least 60% of the front side of a lot facing
a public street, measured in percentage of linear feet of the frontage,
shall be occupied by buildings or open space.
(c)
The Planning Board may require, on the basis of site plan review,
an accessway to improve pedestrian circulation and for public safety
access.
(4)
Building separation. Buildings on a single lot shall be at least
18 feet apart to provide adequate separation for emergency access.
(6)
Open space and streetscape enhancements.
(a)
An RCOD project shall include open space at least equal to 10%
of the total lot area.
(b)
The open space requirement shall apply to the RCOD project as
a whole, regardless of whether the RCOD project consists of a single
lot or multiple lots.
(c)
In recognition of the need for streetscape improvements that
will result from new development, an RCOD project shall also contribute
to the City's Streetscape Improvement Fund as follows: upon receiving
a building permit for any residential or commercial space in an RCOD
project, the applicant shall make a contribution to the City's Streetscape
Improvement Fund in the amount of $1,100 per dwelling unit and $1
per gross square foot for all other uses.
(7)
Building and structure height.
(a)
The maximum permitted height for buildings and structures in
an RCOD project shall be four stories and 50 feet, except as follows:
[1]
Buildings may be permitted up to five stories and
62 feet in height at the Planning Board's discretion, when appropriate,
given site constraints and/or unusual site characteristics and provided
that all portions of the building above 50 feet are set back at least
20 feet from all property boundaries and shall be stepped back a minimum
of 10 feet from each facade of the floor below, except for those facades
which face the commuter rail right-of-way where no upper level step
back is required.
[2]
Rail Corridor Overlay District projects that exceed
four stories and 50 feet in height shall provide additional public
amenities in excess of the minimum 10% open space requirement for
the RCOD. In the additional public amenity area, projects shall incorporate
a courtyard or sitting area that adjoins and is open on one or more
sides to the public sidewalk; is open to the public; contains pedestrian
amenities such as seating; and is landscaped/hardscaped to create
a separation from the street, to provide shade, to reduce noise, and
to mitigate fumes.
(b)
The height of a building or structure in the RCOD shall be defined as the vertical distance from the average grade of Tremont Street or Essex Street (whichever the property has frontage on), along the frontage of the lot/s of the RCOD project at the time of the site plan review application, to the top of the structure of the highest roof beams of a flat roof, the deck of a mansard roof or the mean level of the highest gable or slope of a hip roof. This shall supersede the definition of "height" in § 235-5 for an RCOD project.
(8)
Building coverage. There shall be no maximum permitted coverage
for buildings in an RCOD.
F.
Off-street parking.
(1)
Off-street parking spaces shall be provided as follows:
|
Use
|
Spaces Required
| |
|---|---|---|
|
Residential
|
1.0 space per dwelling unit.
| |
|
1.0 visitor space per 10 residential units
| ||
|
Office, retail, and other uses
|
1.0 space per 500 square feet gross floor area
| |
|
Assisted living facility
|
1.0 space per 4 dwelling units plus 1 space per employee on
largest shift
|
(2)
On-street parking on public streets and internal ways may be
permitted within the Rail Corridor Overlay District provided all necessary
approvals are obtained, but on-street parking on public streets shall
not be used to meet the minimum requirements for off-street parking.
(3)
The Planning Board may allow shared or reduced parking requirements
for uses having different peak times of parking demand requirements
or if a use needs a lesser number of parking spaces than is required.
Evidence which supports these shared or reduced parking requirements
shall be produced in a report from a traffic engineer engaged by the
applicant and approved by the Planning Board as part of site plan
review. Where shared parking is to serve uses on separate lots, documentation
shall be provided establishing the permanent legal right for such
shared use. Factors that the Planning Board may consider include but
are not limited to:
(a)
Proximity to available public parking with demonstrated availability
to support the project.
(b)
Characteristics of the occupants that create less parking demand,
such as age or household income.
(c)
Provision of a mix of uses on site with offset peak parking demand
times.
(d)
A shared parking agreement with proximate properties with offset
parking demand times.
(e)
Dedication of spaces for car-sharing services (e.g., Zipcar).
(f)
Employers who provide transit incentives for their employees.
(4)
Parking setbacks.
(a)
Surface parking areas shall conform to the following minimum
setback requirements:
[1]
From a public street: 20 feet.
[2]
From an internal way (not to include parking lot
drive aisles): five feet.
[3]
From a structure: five feet.
[4]
From a side or rear lot line where the abutting property is within the RC Overlay District notwithstanding any other setback provision within this Subsection F(4)(a): five feet.
[5]
From a lot line abutting the railroad right-of-way:
five feet.
[6]
From any other side or rear lot line: 10 feet.
(b)
No surface parking area or parking structure shall be closer
to a public street than the closest principal building.
(5)
Bicycle parking facilities or storage shall be provided as follows,
assuming one space accommodates one bicycle. Except for assisted living
facilities, RCOD projects with 20 or more residential units shall
provide covered bicycle parking facilities or storage with protection
from the elements for at least 1/2 of the required number of bicycle
parking spaces.
|
Use
|
Bicycle Parking Required
| |
|---|---|---|
|
Residential
|
1.0 space per 5 dwelling units
| |
|
Assisted living facility
|
1.0 space per 5 vehicle parking spaces
| |
|
All other uses
|
1.0 space per 1,000 square feet gross floor area
|
G.
Design standards. All RCOD projects shall comply with the following
design standards, unless the Planning Board finds, through site plan
review, any standard to be inappropriate for the proposed use.
(1)
Building design.
(a)
Exterior materials that are primarily associated with domestic
residential buildings, such as wood clapboards and shingles, or that
are relatively impermanent, such as exterior insulation and finish
systems (EIFS), plywood, aluminum, and vinyl, are strongly discouraged.
(b)
Building facades shall articulate the line between the ground
and upper levels with a cornice, canopy, balcony, arcade, or other
visual device.
(c)
Building facades facing public streets or within 30 feet of
main entrances shall reflect a high level of detail refinement.
(d)
Building facades more than 50 feet in length shall be divided
into shorter segments by means of changes in materials, varying rooflines
or other architectural treatments.
(e)
Rooftop building systems, such as mechanical and electrical
equipment and antennas, shall be screened with appropriate architectural
elements from all key observation points.
(f)
New buildings and renovations shall incorporate sustainable
design and construction practices as governed by the Energy Star and
WaterSense Programs to the extent reasonable, and developers are strongly
encouraged to achieve United States Green Building Council LEED certification
for their building or its reasonable equivalent.
(g)
For new buildings containing commercial uses, at least 60% of
the street-facing building facade between two feet and eight feet
in height shall be comprised of clear windows that allow views of
indoor space or product display areas. This requirement shall not
apply to buildings accessory to residential uses and not open to the
general public, such as clubhouses.
(h)
Buildings or building facades shall not be designed primarily
according to themes or architectural styles defined by or associated
with corporate chains or franchises. The Planning Board may prohibit
designs that it finds to be inconsistent with this provision.
(2)
Landscaping.
(a)
Landscape materials shall be sustainable, requiring minimal
maintenance, irrigation or fertilizer, and shall be planted with species
that are native to the area, tolerant of salt, and capable of withstanding
extreme weather conditions.
(b)
Street trees shall be planted by the developer along all public
streets and internal ways within and abutting the property.
[1]
Trees shall be planted at intervals of no more
than 30 feet along both sides of the roadway. If the Planning Board
determines through site plan review that such spacing is not feasible,
it may alter the spacing or determine that up to the equivalent number
of trees shall be planted elsewhere on the site.
[2]
Trees shall be of a species common to the area,
and shall be appropriate species to provide summer shade, winter light,
and year-round visual interest.
[3]
Trees shall be 2.5 inches caliper at four feet
above grade and reach a height of at least 30 feet at maturity.
(c)
All dumpsters and utility/service areas shall be screened with
adequate plantings and/or landscape structures appropriate to the
scale and character of the neighborhood.
(d)
A landscaped buffer strip at least 10 feet in width shall be
provided along any lot line that abuts a residential zoning district.
The buffer strip shall contain a vegetative screen not less than three
feet wide and six feet high relative to the lot line, designed and
maintained to provide a dense screen year round. The screen shall
be planted with trees or shrubs no more than three feet on center.
At least 50% of the plantings shall consist of evergreens, distributed
along the length of the buffer strip.
(3)
General site design.
(a)
Roadways, sidewalks and other infrastructure shall be designed
in accordance with the City of Melrose's Subdivision Regulations and
with the additional standards set forth below.
(b)
Sidewalks, crosswalks, walkways, or other pedestrian access
shall be provided to allow for safe and convenient access to adjacent
properties and between individual buildings, parking areas and other
points of interest within a development. Sidewalks and walkways shall
be constructed of cementitious concrete and shall be minimally broken
by vehicular access.
(c)
Pedestrian amenities such as benches, planters, trash receptacles,
walkways and gardens, etc., shall be provided along the sidewalks
of public streets and in open space plazas.
(d)
All utilities servicing an RCOD project shall be placed underground,
unless prohibited by a utility company. All utilities on new internal
roadways servicing an RCOD project shall be placed underground. All
utility and drainage requirements shall be approved as part of the
site plan review process and not subject to any other sections of
the Zoning Ordinance.
(e)
Off-street parking and loading spaces, internal ways, and maneuvering
areas shall be designed to provide for adequate drainage, snow storage
and removal, maneuverability and curb cuts.
(f)
Granite curbing shall be used along all roads and private internal
ways. Cementitious concrete curbing may be substituted for granite
curbing in all other locations.
(g)
The number of driveway curb cuts along Tremont and Essex Streets
shall be kept to a minimum.
(h)
Driveways shall be consolidated and aligned with existing intersections
as feasible.
(i)
Appropriate traffic control devices, including signage, shall
be installed at driveways.
(j)
Adequate sight distance shall be provided at driveways.
(4)
Parking.
(a)
Surface lots shall be screened along all public streets by a
landscaped buffer not less than six feet in depth, or by walls or
fencing at least three feet high and compatible with the adjacent
architecture, and shall be designed to ensure that lights from cars
within the surface lots do not spill into adjacent streets and properties.
(b)
Parking structures and lots shall have well-designed and marked
pedestrian walkways and connections to the sidewalk system.
(c)
Parking structures shall be designed to be compatible with adjacent
buildings and architecture. All structured parking shall be designed
so that the only openings at street level are those to accommodate
vehicle ingress and egress and pedestrian access to the building.
All openings shall be designed so that vehicles are not visible from
the sidewalk on a public street.
(d)
Parking and loading areas shall be screened from view from public
ways. They may be located at the side or rear of a lot or in concealed
structures and shall be suitably screened both visually and acoustically
from the street and abutters. Any views into parking structures shall
be minimized through use of landscaping or architectural treatment.
(5)
Site lighting.
(a)
Broad area lighting shall be avoided.
(b)
Parking lot pole lighting shall not exceed a height of 18 feet.
(c)
Lighting shall be installed along roadways, driveways, pedestrian
walkways and sidewalks.
(d)
Lighting shall not create overspill onto adjacent properties
or into the night sky and shall meet the following requirements:
[1]
Any luminaire with a lamp or lamps rated at a total
of more than 1,800 lumens (and any flood or spot luminaires of more
than 900 lumens) shall be of fully shielded (cutoff) design and shall
not emit any direct light above a horizontal plane passing through
the lowest part of the light-emitting luminaire.
[2]
Luminaires, regardless of lumen rating, shall be
equipped with whatever additional shielding, lenses, or cutoff devices
are required to eliminate light trespass onto any abutting lot or
parcel and to eliminate glare perceptible to persons on abutting land.
[3]
Building facades may be illuminated with soft lighting
of low intensity that does not draw attention to the building. The
light source for the building facade illumination shall be concealed.
Building entrances may be illuminated using recessed lighting in overhangs
and soffits, or by use of spotlighting focused on the building entrances
with the light source concealed (e.g., in landscaped areas). Direct
lighting of limited exterior building areas is permitted when necessary
for security purposes.
[4]
A flood or spot luminaire with a lamp or lamps
rated at 900 lumens or less may be used without restriction to light
distribution, provided that it is aimed, directed, or focused so as
not to cause direct light from the luminaire to be directed toward
buildings on adjacent or nearby land, or to create glare perceptible
to persons operating motor vehicles on public ways.
(e)
Lamp type shall be selected to provide a natural uniform quality
of light, rather than a strong color such as yellow or blue.
(f)
The style of light poles and fixtures shall be compatible with
the character of the area and any existing City standards.
(g)
Parking and pedestrian light fixtures shall be compatible with
the building lighting to provide for a consistent appearance of the
project.
(6)
Infrastructure.
(a)
Rail Corridor Overlay District projects shall demonstrate that adequate water supply and pressure are available, adequate sewerage capacity is available, adequate stormwater management is provided, traffic circulation on site is safe and convenient and the traffic flow and circulation at nearby intersections is preserved, pursuant to the criteria stipulated in § 235-16.1. Analysis and documentation of compliance with these standards shall be prepared by registered engineers and/or other appropriate professionals. When the size and complexity of a proposal for an RCOD project warrants an independent review of the impacts, the applicant will be responsible for funding such independent peer review.
(b)
In cases where a specific RCOD project would not otherwise meet
the above criteria, the developer shall implement mitigation measures,
including but not limited to improvements to public infrastructure,
to adequately address any deficiency.
(7)
Signs.
(a)
An RCOD project shall comply with the provisions of this section, which supersede the provisions of Article VII, Signs, for RCOD projects only.
(c)
Within an RCOD project, each business that has an exterior public
entrance may have one wall sign, attached and parallel to the facade
containing said entrance, as follows:
(d)
Within an RCOD project, each business that has an exterior public
entrance may have one projecting (blade) sign, attached and perpendicular
to the facade containing said entrance, as follows:
(e)
Signs in display windows may be permitted provided that such
signage shall not cover more than 10% of the display window area and
shall be lighted only by building illumination (stationary white light).
(f)
Signs may be illuminated only by an external source of steady,
stationary white light, of reasonable intensity, shielded and directed
solely at the sign, and not casting direct or reflected light off
the premises. No sign shall be illuminated internally or from behind
a translucent sign face. All light fixtures shall either be decorative
(such as goose-neck lights) or camouflaged. Wiring should be concealed
within building molding and lines.
(g)
The following additional signs are permitted in an RCOD project:
[1]
Any traffic or directional sign owned and installed
by a governmental agency.
[2]
One unlighted temporary sign offering premises
for sale or lease for each parcel in one ownership, provided that
it shall not exceed six square feet in surface area and it shall be
set back at least 10 feet from the street lot line.
[3]
One unlighted temporary sign of an architect, engineer,
or contractor erected during the period such person is performing
work on the premises on which such sign is erected, provided that
it shall not exceed four square feet in surface area and it shall
be set back at least 10 feet from the street lot line.
(h)
Additional sign regulations.
[1]
The limitations as to the number of signs permitted
does not apply to traffic or directional signs which are necessary
for the safety and direction of residents, employees, customers, and
visitors, whether in a vehicle or on foot, of any business, industry,
or residence. Such signs shall not carry the name of any business
or product.
[2]
The supporting members for any sign shall be in
acceptable proportion to the size of the sign.
[3]
Any sign attached to a building shall not extend
above the height of the roof of the building.
[4]
No sign shall be erected so as to obstruct any
door, window or fire escape on a building.
[5]
Signage should employ colors and type faces that
complement the primary architectural style of the building.
[6]
Signs should be made of durable materials compatible
with the materials of the building served.
[7]
Signage shall be integrated into the architecture.
Signage that covers or obscures significant architectural details
of the building shall be avoided.
[8]
In a multiple storefront building, the signage
should be of a size, location, material and color that relates harmoniously
between bays.
[9]
Neon signs, reader boards, LED lights, or other
similar signs shall not be permitted.
H.
Affordable housing.
(2)
In an RCOD project, the affordable units (as defined in § 235-73.1A) shall qualify for inclusion on the Massachusetts Department of Housing and Community Development's Chapter 40B Subsidized Housing Inventory (SHI) or any successor inventory. Failure to maintain compliance with the criteria for inclusion on the SHI, or removal of an affordable unit from the SHI for any reason, shall be deemed to be noncompliance with this § 235-71.2.
(3)
Unless otherwise required for inclusion on the SHI, the rent
price, including utilities, of an affordable unit in an RCOD project
shall be established using the income of households making 80% of
the median household income in the Metropolitan Area Boston-Cambridge-Quincy
HMFA Standard Metropolitan Statistical Area, adjusted for family size,
and shall not exceed 30% of the income of said median household.
(4)
Unless otherwise required for inclusion on the SHI, the sale
price of an affordable unit in an RCOD project shall be established
using the income of households making 80% of the median household
income in the Metropolitan Area Boston-Cambridge-Quincy HMFA Standard
Metropolitan Statistical Area, adjusted for family size. The mortgage
payment, assuming 5% down payment and including hazard insurance,
real estate taxes, condominium fees and, where applicable, private
mortgage insurance, shall not exceed 30% of the income of said median
household.
(5)
Regardless of the rent or sales price limitations in the previous
subsections, the developer of an RCOD project may choose to reduce
the rent or sales price of the affordable unit/s.
I.
Ownership and maintenance of common facilities.
(1)
All internal streets, ways, and parking areas shall be privately
owned. The maintenance of all such private streets, ways and parking
areas, including but not limited to snowplowing, patching and repaving,
shall remain the responsibility of the owner. All deeds conveying
any portion of the land containing private streets, ways, or parking
areas shall note this private responsibility of maintenance.
(2)
In order to ensure that any proposed common open space and common
facilities within the development will be properly maintained, any
RCOD project in which dwelling units shall be offered for sale shall
have a residents' association, which shall be in the form of a corporation,
nonprofit organization or trust established in accordance with appropriate
state law by a suitable legal instrument or instruments recorded at
the Registry of Deeds or Registry District of the Land Court. As part
of the site plan review, the applicant shall supply to the Planning
Board copies of such proposed instrument.
J.
Development phasing.
(1)
An RCOD project may be developed in phases and may be developed
under one or more building permits and occupancy permits. Phasing
of the development and associated infrastructure shall be specified
in the site plan approval.
(2)
Lot area coverage, open space, affordable housing, off-street
parking and required mitigation shall correspond with the sequence
of development implemented in the RCOD project, so that at all times
such requirements shall be met as applied only to those portions of
the RCOD project for which building permits have been issued. Such
requirements shall be met prior to the issuance of certificates of
occupancy for such buildings.
[Added 12-16-1996 by Ord.
No. 97-38]
For adult use consisting of adult bookstore, adult club, adult
motion-picture theater, adult paraphernalia store or adult video store,
the following conditions shall apply:
A.
Adult uses shall be permitted only when located outside the area
circumscribed by a circle which has a radius consisting of the following
distances from the specified use or zoning district:
B.
The radius distance shall be measured by following a straight line,
without regard to intervening buildings or structures, from the nearest
point of the property parcel upon which the proposed use is to be
located to the nearest point of the parcel of property for the land
use district boundary line from which the proposed adult use is to
be separated.
C.
Adult uses shall be permitted only when located 300 feet from any
other adult use.
D.
Nothing in this chapter is intended to authorize, legalize or permit
the establishment, operation or maintenance of any business, building
or use which violates any City ordinance or statute of the Commonwealth
of Massachusetts regarding public nuisances, sexual conduct, lewdness
or obscene or harmful matter or the exhibition or public display thereof.
[Added 1-4-1999 by Ord.
No. 99-021]
For a wireless communications service facility (WCSF), in addition
to the applicable conditions contained in this chapter and conditions
specifically imposed by the Board of Appeals, the following conditions
shall apply:
A.
An applicant proposing a WCSF must demonstrate that there are no
other adequate WCSF reasonably available to accommodate the new or
additional WCSF equipment. To the extent feasible, all service providers
shall co-locate on a single facility. The intent of this requirement
is to reduce the number of facilities that will be required within
the community.
B.
The only freestanding WCSF allowed is a monopole.
C.
No freestanding facility shall exceed more than 80 feet in height
above grade.
D.
Facilities mounted on buildings may not extend more than 10 feet above the height of the building or more than 12 inches beyond the face of walls or exterior surfaces in the case of structures that do not have walls. For purposes of this subsection, height of a building shall mean "height" as defined in Article II of this chapter.
E.
Roof-mounted facilities must be stepped back from the front facade
to limit the impact on building silhouette and, where possible, concealed
from public view.
F.
Trees and vegetation shall be used as a buffer zone for freestanding
WCSF. Such buffer zone shall measure at least five feet in height
and shall be maintained in healthy condition. It is not intended to
interfere with the operation of the facility. In cases where vegetation
already exists efforts will be made to preserve such vegetation or
replace with similar vegetation. In areas where buffer zones of trees
and vegetation must be implanted, the Planning Board shall review
and recommend what trees and vegetation shall be implanted on the
property.
G.
The color of the facilities shall be painted a neutral color or such
color that will blend and minimize the facility's appearance.
H.
Fencing shall be used to control access and shall be aesthetically
compatible with the area. Razor wire, barbed wire or a similar wire
shall not be allowed.
I.
Night and other lighting shall be prohibited except as required by
the FAA. Any emergency or repair lighting shall be shielded from abutting
properties and only used for a reasonable time as necessary for such
emergency or repair.
J.
There shall be no advertising permitted on or in the vicinity of
the facilities, except for no trespassing signs. An unlighted sign
no more than one square foot in surface area shall be displayed with
a name and telephone number of a contact person to call for twenty-four-hour
maintenance.
K.
Traffic associated with the facility and accessory facilities and
structures shall not adversely affect abutting ways.
L.
Certification by a licensed structural professional engineer of the
integrity of the facility and, when installed on an existing building
or facility, certification as to the capability of the structure to
accept the added load being installed.
M.
Stormwater runoff shall be contained on site or discharged to the
City stormwater system.
N.
A wireless communications service facility shall not generate noise in excess of the levels permitted under the Chapter 164, Noise, of this Code or in excess of 50 decibels, whichever is less.
O.
A freestanding facility shall not be erected nearer to any property
line than a distance equal to the vertical height of the facility
measured at the mean finished grade of the facility plus five feet.
P.
All facilities shall be designed to be constructed at the minimum
height necessary to accommodate the anticipated and future use.
Q.
Structures are to be aesthetically consistent with the area in which
they are located.
R.
An applicant proposing a WCSF in a residential zoning district shall
demonstrate that the facility must be located at the proposed site
due to technical, topographical or other unique circumstances.
S.
Special permits under this section shall be for a term of five years
from the date of the decision approving the special permit. An applicant
for a special permit may reapply at any time after the fourth anniversary
of the date of the decision approving the special permit. In the event
a renewal of a special permit is granted, it shall run for a period
of five years commencing on the date of expiration of the prior special
permit.
[1]
Editor's Note: See also Art. XVI, Wireless Communications
Service Facilities.
[Added 8-9-2004 by Ord.
No. 04-184A; amended 2-19-2019 by Order No. 2019-30]
A.
Purposes. The purposes of this section are to promote the public
health, safety and welfare by encouraging the expansion and upgrading
of the City's housing stock; to provide for a full range of housing
choices throughout the City for households of all incomes, ages and
sizes in order to meet the City's goal of preserving diversity; to
increase the production of affordable housing units to meet existing
and anticipated housing and employment needs within the City; to ensure
addition of affordable units on the Commonwealth's Chapter 40B Subsidized
Housing Inventory; to provide a mechanism by which residential development
contributes in a direct way to increasing the supply of affordable
housing; and to establish standards and guidelines for such contributions.
B.
AFFORDABLE UNIT
DEVELOPER
SUBSIDIZED HOUSING INVENTORY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A dwelling unit that is regulated by this section of the
Zoning Ordinance.
Any individual, corporation, business trust, real estate
trust, partnership or association, or any other entity or combination
thereof applying for, constructing, and/or managing a development
to which this section applies.
Massachusetts Department of Housing and Community Development's
(DHCD) Chapter 40B Subsidized Housing Inventory (SHI), as set forth
in 760 CMR 56.
C.
Applicability and requirements.
(1)
Development applicability: The provisions of this section shall
apply to any residential or mixed-use development containing five
or more dwelling units by new construction, redevelopment of a structure
or substantial rehabilitation of existing units, including lodging
and rooming house dwellings, planned developments and phased projects.
"Phased projects" are any development at one or more adjoining sites
in common ownership or under common control developed within a period
of three years. "Developed within a period of three years" shall mean
that no more than three years elapse between the issuance of an occupancy
permit for one site and the filing for a zoning permit or building
permit for the adjoining site(s). These provisions shall apply with
respect to developments in all zoning districts of the City, provided
that the provisions of this section shall not apply to any development
which has previously received a special permit or variance from the
relevant permit granting authority containing conditions requiring
the inclusion of affordable housing in such development, nor to any
such development which is subsequently modified in accordance with
the provisions of this section, provided that such affordable housing
inclusion conditions remain substantially unchanged as a result of
any such modification.
(2)
Number of units to be provided: A developer subject to these
provisions shall provide 15% of the total number of dwelling units
as affordable units. Where the application of that formula results
in a fraction, a fraction of 1/2 or more shall be rounded up to the
next whole number. Where the application of that formula results in
a fraction of less than 1/2 a monetary contribution to the Melrose
Affordable Housing Trust is required for the fractional amount. For
an ownership unit, the monetary contribution shall be equal to the
fraction multiplied by the difference between the fair market value
of a comparable market-rate unit recently sold within the City of
Melrose and the price of an affordable unit in the development. For
a rental unit, the monetary contribution will be calculated using
the same procedure as for an ownership unit, assuming the value of
the unit if it was sold rather than rented. A developer is allowed
to provide an additional affordable unit that complies with the regulations
in the section instead of providing the monetary contribution.
(3)
Income limits: Affordable units shall serve eligible households
whose annual incomes do not exceed 80% of the median income of households
in the Boston-Cambridge-Quincy MSA/HMFA adjusted for family size and
whose assets do not exceed those allowed by DHCD for the unit to be
eligible for inclusion on the SHI.
(4)
Cost: The monthly rent payment, including utility allowances,
charged for a rental affordable unit shall not exceed an amount equal
to 30% of the maximum monthly income of an eligible household. The
monthly housing costs for an ownership affordable unit (inclusive
of principal, interest, private mortgage insurance, hazard insurance,
real estate taxes, and condominium fees) shall not exceed 38% of monthly
income for a household earning 80% of area median income, adjusted
for household size. The terms of the loan, the amount of the down
payment, and interest rates are taken into consideration in setting
the precise income requirements for each for-sale affordable unit.
(5)
Relationship to the SHI: The affordable units shall qualify
as local action units in compliance with the provisions of the Local
Initiative Program (LIP) regulations, 760 CMR 56.00, for inclusion
on the Subsidized Housing Inventory (SHI) or any successor inventory.
Failure to gain approval or maintain compliance with the criteria
for inclusion on the SHI, or removal of an affordable unit from the
SHI for any reason, shall be deemed to be noncompliance with this
section.
(6)
Location: Affordable units shall be provided on site unless
the Planning Board by special permit allows the fulfillment of the
requirement off-site in comparable units which may only occur when
extraordinary circumstances exist.
(7)
Payment-in-lieu: A development of five, six or seven units has
the option of providing one affordable unit on-site or making a monetary
contribution to the Melrose Affordable Housing Trust in lieu of providing
the affordable unit on-site. The monetary contribution shall be equal
to 3% of the total sale or market value of all the units in the development.
The Melrose Affordable Housing Trust will use the funds exclusively
to promote the City's affordable housing goals.
(8)
Duration: Affordable units shall be maintained in perpetuity.
D.
Incentives. To facilitate the objectives of this section, the following modifications to the dimensional and parking requirements in any zoning district may be permitted by special permit by the Planning Board for a development of eight or more units that provides affordable units on-site in accordance with Subsection C above.
(1)
For every affordable unit required by Subsection C above, the developer may build one additional unit in the development, regardless of the minimum lot area required for the additional unit or units. Except for the resulting reduction in the minimum lot area, all other dimensional and density regulations shall apply to the development.
(2)
The parking requirement for the development may be reduced by
0.5 space per unit but shall not be less than 1.0 space per unit.
The developer shall provide evidence that supports the reduced parking
requirements in a report for the Planning Board's consideration. The
report may include but is not limited to: proximity to public transit,
proximity to available public or shared parking with demonstrated
availability to support the project; characteristics of the occupants
that create less parking demand, such as age or household income;
provision of a mix of uses on site with offset peak parking demand
times; a shared parking agreement with proximate properties with offset
parking demand times; dedication of spaces for car-sharing services
(e.g., Zipcar); and the provision of transit passes for residents.
E.
Standards for construction and occupancy of affordable units.
(1)
Affordable units shall be dispersed throughout the development
and shall be comparable in size, number of bedrooms, materials, interior
finishes, amenities and parking to dwelling units in the neighborhood
and in the development in which they are located. Exteriors of affordable
units shall be consistent with and indistinguishable from the exteriors
of other units in the project.
(2)
Affordable units shall serve eligible households of diverse
sizes based on the number of bedrooms in each affordable unit.
(3)
The number of persons occupying the affordable units shall be
consistent with the state sanitary code and the applicable state and
federal guidelines.
(4)
70% of the affordable units shall be offered initially to Melrose
residents, persons employed within the City of Melrose, or households
with children enrolled in the City of Melrose's schools, as allowed
by DHCD.
(5)
The rental or ownership of affordable units shall mirror the
project as a whole. For example, affordable units should be sold,
not rented, where a majority of units will be offered for sale.
F.
Administration and enforcement.
(1)
The affordable units shall be subject to proper deed restrictions
consistent with Massachusetts General Law.
(2)
The developer shall use the DHCD Local Initiative Program (LIP)
Regulatory Agreement and, in the case of ownership units, the Universal
Deed Rider, which shall, at a minimum, identify and describe the affordable
dwelling units in the development, an inventory of the units, condition
of the units, monitoring of eligibility and terms of their sale or
lease.
(3)
The developer is responsible for creating and implementing a
marketing plan for the affordable units that is approved by DHCD and
the Office of Planning and Community Development (OPCD). The plan
must describe the household selection process, set forth a plan for
affirmative fair marketing to protected groups underrepresented in
the municipality, describe outreach efforts and include provisions
for a lottery. OPCD will monitor the marketing process to ensure compliance
with the approved marketing plan. When feasible, OPCD may opt to assist
the developer in marketing the affordable units.
(4)
The developer is responsible for the application process and
lottery to establish tenants or buyers for the affordable units. The
affordable housing lottery shall take place prior to the Inspectional
Services Department issuing Certificates of Occupancy for the affordable
units. When feasible, OPCD may assist with the lottery.
(5)
The developer shall work with OPCD to submit an application
to the DHCD LIP for inclusion of the affordable units on the City's
SHI. The developer shall provide the information needed for the City
to submit the LIP application before the issuance of the certificates
of occupancy for the affordable units.
(6)
Annually, the developer shall submit to OPCD and DHCD a proposed
schedule of monthly rents and utility allowances for all rental affordable
units in the project. Such schedule shall be subject to the approval
of OPCD and DHCD for compliance with the requirements of the Regulatory
Agreement. For ownership units, the owner of an affordable unit shall
certify in writing annually to OPCD and DHCD that he/she continues
to occupy the unit as a primary residence, the unit has not been refinanced
and that it has been maintained in a manner consistent with the Regulatory
Agreement and the Deed Rider. If the unit is resold, the owner must
report to OPCD and DHCD that the purchase is being been done in compliance
with all of the terms and provisions of the Deed Rider and Regulatory
Agreement.
[Added 12-19-2005 by Ord.
No. 06-017; amended 6-5-2006 by Ord. No. 06-224; 5-19-2008 by Ord. No. 06-224A]
A.
Purpose.
(1)
The purposes of this section shall be:
(a)
To preserve and enhance the landscape by encouraging the maximum
retention of natural topographic features, such as drainage swales,
streams, slopes, ridge lines, rock outcroppings, vistas, natural plant
formations and trees;
(b)
To minimize the effects of grading to ensure that the natural
character of steep slopes is retained;
(c)
To minimize water runoff and soil erosion problems incurred
in grading of steep slopes; and
(d)
To encourage innovative architectural, landscaping, circulation
and site design.
(2)
For the purposes of this section, the term "natural" shall be
defined as the condition of the ground surface as it exists on the
date this section is adopted. No land may be regraded or filled in
such manner as to circumvent this section.
B.
Applicability.
(1)
The provisions of this section shall be applicable to all zoning
districts in the City of Melrose. Exempted from this section shall
be:
(2)
The provisions of this section shall not apply to a development
which has received a street opening permit from the Engineering Division
and has substantially completed construction at the time the notice
of this amendment was published.
C.
Use and dimensional regulations. The slope of land at any point,
stated as a percentage, shall be defined as the change in elevation
over a horizontal distance multiplied by 100: slope = (change in elevation ±
horizontal distance measured perpendicular to horizon) x 100.
(1)
All areas with natural slopes exceeding 25% over a horizontal
distance of 30 feet on a tract or parcel of land intended or proposed
for subdivision or development, or on a lot intended for building
purposes, shall be excluded from the calculation of the minimum lot
area required for the applicable zoning district.
(2)
All natural slopes exceeding 25% over a horizontal distance
of 30 feet are protected and shall remain in their natural state.
D.
Special permit. The Planning Board may grant a special permit to utilize areas with natural slopes exceeding 25%, as prohibited in Subsection C(1) and (2), if the Board finds that the proposal satisfies the purposes set forth in Subsection A(1)(a) through (d) above as well as the findings in § 235-63 of this chapter.
(1)
Applications.
(a)
Applications for a special permit shall include the following:
[1]
An executive summary and site plan generally describing the nature and location of the project and how it fulfills the purpose of this section and meets the requirements for issuance of a special permit under Article XI;
[2]
Parcel lot lines for the proposed project and surrounding
parcels;
[3]
Location of existing and proposed buildings on
the project site;
[4]
Foundation lines of the proposed buildings, gross
floor area, and building height;
[5]
Existing and proposed topography and the location
of all natural features such as wetlands, streams, water bodies, and
exposed bedrock to be removed, if any;
[6]
Areas subject to a one-hundred-year flood, if any;
[7]
Provisions for the protection of abutting properties
during construction, and site excavation, demolition, blasting, and
site reclamation plans if appropriate;
[8]
Proposed landscaping, including all screening and
buffering of adjacent residential areas;
[9]
An erosion prevention plan prepared by a registered/licensed
professional, which includes calculations and measures to prevent
erosion and undermining of the subject property and abutting properties.
Include how slope protection will be achieved and details of all retaining
walls if applicable;
[10]
Drainage calculations prepared by a registered/licensed
engineer demonstrating that following the proposed removal, the amount
of runoff shall not exceed the amount of runoff prior to the removal;
[11]
A stormwater management plan and installation
of underground and surface drainage facilities in accordance with
best management practices (BMPs) to prevent surface erosion, undermining,
and post-development runoff that exceeds pre-development runoff; and
[12]
Any other information requested by the Planning
Board that will allow fair and full consideration of the special permit
request.
(b)
Any of the requirements of a slope protection special permit
application may be waived by a majority vote of the SPGA. Waiver requests
must be in writing.
(2)
The Office of Planning and Community Development (OPCD) will
distribute a set of the application materials to the City Engineer
and Building Inspector for review. The Office of Planning and Community
Development will provide notice of receipt of an application to the
Board of Health, Fire Chief, Police Chief, Conservation Commission,
City Solicitor, and Mayor. All departments shall report their comments,
conditions, remedial measures and recommendations, in writing, to
the Planning Board within 30 days.
(3)
If an applicant receives a special permit pursuant to this section
to utilize slopes exceeding 25%, then a variance from this chapter
will not be necessary from the Board of Appeals for insufficient lot
area, unless the entire lot area, including the area of slope exceeding
25%, is insufficient for building purposes under this chapter.
E.
Special permit granting authority. For slope protection special permits
the Planning Board is the special permit granting authority.
F.
Relationship to site plan review. For the convenience of the applicant,
site plan review and request for a special permit pursuant to this
section may be acted upon concurrently to the degree feasible. The
applicant will be responsible for submitting a request which meets
all submission requirements, concurrently, in order to streamline
notice and hearing requirements.
[Added 8-21-2017 by Ord.
No. 2017-129]
A.
Purpose.
(1)
To allow for the establishment of registered marijuana dispensaries
(RMDs) as they are authorized pursuant to state regulations set forth
at 105 CMR 725.000, Implementation of an Act for the Humanitarian
Medical Use of Marijuana.
(2)
To minimize the adverse impacts of RMDs on adjacent properties, residential
neighborhoods, schools and other places where children congregate,
and other land uses potentially incompatible with said facilities.
(3)
To regulate the siting, design, placement, security, safety, monitoring,
modification, and removal of RMDs.
B.
Applicability.
(1)
The provisions of this section shall be applicable to all RMDs, unless
it meets the requirements for an agricultural exemption under MGL
c. 40A, § 3.
(2)
Nothing in this section shall be construed to supersede any state
or federal laws or regulations governing the sale and distribution
of narcotic drugs.
C.
General
requirements and conditions for all registered marijuana dispensaries.
(1)
Location and operation.
(a)
An RMD shall be located in, and conduct all operations within, an
enclosed, permanent building.
(b)
An RMD shall be limited to 5,000 square feet of gross floor area.
(c)
All publicly accessible entrances shall be visible from a public
way.
(d)
Drive-through windows and/or any interactions or sales to customers
within vehicles are prohibited.
(e)
Registered marijuana dispensaries shall not be located inside a building
containing residential dwelling units, including transient housing,
group housing, hotels, motels, lodging houses, and/or dormitories.
(f)
An RMD shall not be sited within a radius of 500 feet from a school,
day-care center, or any facility in which children commonly congregate.
The five-hundred-foot distance shall be measured in a straight line
from the nearest point of the facility in question to the nearest
point of the RMD.
(g)
Hours of operation of RMDs shall be set by the special permit granting
authority, but in no event shall an RMD be open to the public, performing
deliveries, and/or otherwise operating between the hours of 8:00 p.m.
and 8:00 a.m.
(h)
There shall be no smoking, burning, or consumption of any product
containing marijuana or marijuana-related products on the premises,
including all buildings, accessory structures, parking lots or parking
areas, walks and/or immediate surroundings located on the same lot/parcel
as the RMD.
(i)
All RMDs shall be ventilated in such a manner that no pesticides,
insecticides or other chemicals or products used in cultivation or
processing are dispersed into the outside atmosphere, and so that
no odor from marijuana or its processing can be detected by a person
with an unimpaired and otherwise normal sense of smell at the exterior
of the RMD or at any adjoining use or property.
(2)
Signage.
(a)
All signs associated with RMDs shall comply with 105 CMR 725.000 and Article VII, Signs, of this Zoning Ordinance.
(b)
Signs shall only identify the establishment by its registered name.
(c)
Signs shall not utilize graphics related to marijuana or paraphernalia
on the exterior of the building in which the RMD is located.
(d)
At every publicly accessible entrance, there shall be at least one
sign that includes the language "Registration card issued by the MA
Department of Public Health required." The required text shall be
a minimum of two inches in height.
(e)
Signs shall not be illuminated after closing. Neon and flashing signage
is prohibited.
(3)
Security.
(a)
Registered marijuana dispensaries shall provide the Melrose Police
Department and Building Commissioner with the names, phone numbers,
and e-mail addresses of all management staff and key holders to whom
one can provide notice if there are operating problems associated
with the establishment and update that list whenever there is any
change in management staff or key holders.
(b)
Solid waste dumpsters or other waste containers shall be locked and
enclosed by a screening enclosure so as not to be accessible to the
public.
(c)
Landscaping elements must be non-obtrusive. The placement of landscaping
elements for the RMD must ensure landscaping elements, including trees,
bushes, and other foliage, do not allow for a person or persons to
conceal themselves at night.
(d)
The exterior grounds, including the parking lot and landscaped areas,
shall be lighted in such a manner that all areas are clearly visible
at all times during business hours.
D.
Special permit. For RMD special permits, the Planning Board is the special permit granting authority. The Planning Board may grant a special permit for an RMD in the BB and I Zoning Districts if the Board finds that the proposal satisfies the purposes set forth in Subsection A(1) through (3) above, the general requirements and conditions for all RMDs in Subsection C above, the findings in § 235-63 of the Zoning Ordinance, and the following statements, regulations, requirements, conditions, and limitations.
(1)
Applications. Applications for a special permit shall include the
following:
(a)
The name and address of each owner of the establishment and property
owner.
(b)
Evidence of the applicant's right or intended right to use the site
for the establishment, such as an executed or draft deed or lease.
(c)
If the applicant is a business organization, a statement under oath
disclosing all of its owners, shareholders, partners, members, managers,
directors, officers, trustees or other similarly situated individuals
and entities and their addresses. If any of the above are entities
rather than persons, the applicant must disclose the identity of the
owners of such entities until the disclosure contains the names of
individuals.
(d)
A narrative describing the type and scale of all activities that
will take place on the proposed site, including but not limited to
cultivating and processing of marijuana or marijuana-infused products,
on-site sales, off-site deliveries, distribution of educational materials,
and other programs or activities.
(e)
A floor plan of the proposed RMD that identifies square footage available
and describes the functional areas of the RMD, including areas for
any preparation of marijuana-infused products.
(f)
A site plan depicting the proposed development on the property, including
the dimensions of the building, the layout of parking, the location
of pedestrian and vehicular points of access and egress, the location
and design of all loading, refuse and service facilities, the location,
type and direction of all outdoor lighting on the site, and any landscape
design.
(g)
Architectural drawings of all exterior building facades and all proposed
signage, specifying materials and colors to be used.
(h)
Proposed security measures for the RMD, including lighting, fencing,
video monitoring, gates and alarms, etc., to ensure the safety of
persons and to protect the premises from theft.
(i)
Traffic impact analysis including modeling the expected origin and
frequency of client and employee trips to the site, the expected modes
of transportation used by clients and employees, and the frequency
and scale of deliveries to and from the site.
(j)
Copies of registration materials for all required licenses and permits
issued to the applicant by the Commonwealth of Massachusetts and any
of its agencies for the RMD.
(k)
Letters from the Police Department and Board of Health indicating
that the application materials were reviewed and safety and security
measures of the RMD are adequate.
(l)
Any other information requested by the Planning Board that will allow
fair and full consideration of the special permit request.
(2)
The Office of Planning and Community Development (OPCD) will distribute
a set of the application materials to the Police Chief, Health Director,
and Building Commissioner for review. The Office of Planning and Community
Development will provide notice of receipt of an application to the
City Engineer, Fire Chief, Conservation Commission, City Solicitor,
City Council, and Mayor. All departments shall report their comments,
conditions, remedial measures and recommendations, in writing, to
the Planning Board within 30 days.
(3)
Findings. In addition to the findings required by § 235-63, the Planning Board shall not issue a special permit for an RMD unless it finds that:
(a)
The RMD meets a demonstrated local and regional need based on the
proximity of other RMDs serving the City's qualifying patients;
(b)
The RMD is designed to minimize any adverse visual or economic impacts
on abutters and other parties in interest;
(c)
The RMD meets all other applicable requirements of the Zoning Ordinance
and the permitting requirements of all applicable agencies of the
Commonwealth of Massachusetts and the City of Melrose, and will otherwise
comply with all applicable state and local laws and regulations;
(d)
The RMD provides a secure indoor waiting area for patients;
(e)
The RMD is designed to provide convenient, safe, and secure access
and egress for clients and employees;
(f)
The RMD addresses issues of vehicular and pedestrian traffic, circulation,
parking and queuing, especially during peak periods at the RMD; and
(g)
The RMD provides adequate security measures to ensure that no individual
participants will pose a threat to the health or safety of other individuals,
and that the storage and/or location of cultivation of marijuana is
adequately secured in enclosed, locked facilities.
(4)
Conditions. The Planning Board may impose conditions reasonably appropriate
to improve site design, traffic flow, public safety, and air quality
and preserve the character of the surrounding area and otherwise serve
the purpose of this section.
E.
Annual
reporting. Each RMD permitted shall as a condition of its special
permit file an annual report to the special permit granting authority,
the Board of Health, the Building Commissioner, the Police Department,
and the City Clerk no later than January 31, providing a copy of all
current applicable state licenses for the RMD and/or demonstrate continued
compliance with 105 CMR 725.000 as well as the conditions of the special
permit.
[Added 3-18-2019 by Order
No. 2019-31]
A.
Purpose. The purpose of this section is to permit state-licensed
marijuana establishments to operate in select locations in the City
of Melrose, pursuant to local requirements that seek to protect the
health, safety, and public welfare of residents and in accordance
with Chapter 94G of the Massachusetts General Laws, 935 CMR 500.000
("Adult Use of Marijuana"), and regulations promulgated by the Cannabis
Control Commission.
B.
Applicability. The provisions of this section shall be applicable to all marijuana establishments in the City of Melrose, with the exception of registered marijuana dispensaries (RMDs). Regulations for RMDs can be found in § 235-73.3 of the Melrose Zoning Ordinance.
C.
General requirements and conditions.
(1)
Location and operation.
(a)
Marijuana establishments are permitted as allowed in the Table of Use and Parking Regulations (§ 235-17).
(b)
All marijuana establishments shall be located in, and conduct
all operations within, an enclosed, permanent building.
(c)
Marijuana establishments may cultivate, process, test, store
and manufacture marijuana or marijuana products only within an area
that is enclosed and secured in a manner that prevents access by persons
not permitted by the marijuana establishment to access the area.
(d)
No marijuana establishment shall allow cultivation, processing,
manufacture, sale or display of marijuana or marijuana products to
be visible from a public place without the use of binoculars, aircraft,
or other optical aids.
(e)
All marijuana establishments shall be ventilated in such a manner
that no pesticides, insecticides or other chemicals or products used
in cultivation or processing are dispersed into the outside atmosphere,
and so that no odor from marijuana or its processing can be detected
by a person with an unimpaired and otherwise normal sense of smell
at the exterior of the marijuana establishment or at any adjoining
use or property.
(f)
There shall be no smoking, eating, or other forms of consumption
of any product containing marijuana or marijuana-related products
on the premises, including all buildings, accessory structures, parking
lots or parking areas, walks and/or immediate surroundings located
on the same lot/parcel as the marijuana establishment.
(g)
Marijuana establishments shall not permit any disorder, disturbance,
or illegality under state or local law of any kind on the premises,
including all buildings, accessory structures, parking lots or parking
areas, walks and/or immediate surroundings located on the same lot/parcel
as the marijuana establishment.
(h)
Hours of operation of marijuana establishments shall be set
by the special permit granting authority.
(i)
Drive-through windows and/or any interactions or sales to customers
within vehicles are prohibited.
(j)
Marijuana establishments are prohibited from use of on-site
self-service displays, including vending machines, through which customers
may select marijuana or marijuana products without assistance from
an employee or store personnel.
(k)
Delivery-only marijuana retailers shall be prohibited.
(l)
All signs associated with marijuana establishments shall comply with 935 CMR 500.000 and Article VII, Signs, of the Melrose Zoning Ordinance. Signs shall only identify the marijuana establishment by its registered name and shall not utilize graphics related to marijuana or paraphernalia on the exterior of the building in which the establishment is located. Signs shall not be illuminated after closing and neon and flashing signage is prohibited.
(2)
Additional location requirements.
(a)
A marijuana establishment shall not be sited within a radius
of 500 feet from schools that serve kindergarten through 12th grade,
whether public or private. The 500-foot distance shall be measured
in a straight line from the property line of the school in question
to the property line of the marijuana establishment.
(b)
Marijuana establishments shall not be located in a building
that contains a pre-existing daycare center.
(c)
Marijuana product manufacturing shall not be done in any building
containing assembly, educational, health care, ambulatory health care,
residential board and care, residential, or detention and correctional
facilities.
(d)
Marijuana transportation or distribution facilities shall not
occupy street-level space.
(3)
Security.
(a)
Marijuana establishments shall provide the Melrose Police Department
and Building Commissioner with the names, phone numbers, and e-mail
addresses of all management staff and key holders to whom one can
provide notice if there are operating problems associated with the
establishment and update that list whenever there is any change in
management staff or key holders.
(b)
Solid waste dumpsters or other waste containers shall be locked
and enclosed by a screening enclosure so as not to be accessible to
the public.
(c)
Landscaping elements must be nonobtrusive. The placement of
landscaping elements for the marijuana establishment must ensure landscaping
elements, including trees, bushes, and other foliage, do not allow
for a person or persons to conceal themselves at night.
(d)
The exterior grounds, including the parking lot and landscaped
areas, shall be lighted in such a manner that all areas are clearly
visible at all times during business hours.
(e)
Marijuana establishments shall secure every entrance to the
marijuana establishment so that access to areas containing the storage
of marijuana products are restricted to employees and others permitted
by the marijuana establishment to access the area and to Cannabis
Control Commission or state and local law enforcement officers, agents,
and emergency personnel.
(f)
Marijuana establishments shall secure their inventory and equipment
during and after operating hours to deter and prevent theft of marijuana,
marijuana products, and marijuana accessories.
D.
Special permit. For special permits for marijuana establishments, the Planning Board is the special permit granting authority. The Planning Board may grant a special permit for a marijuana establishment as allowed herein if the Board finds that the proposal satisfies the purposes set forth in Subsection A above, the general requirements and conditions for marijuana establishments in Subsection C above, the findings in § 235-63 of the Zoning Ordinance, and the following statements, regulations, requirements, findings, conditions, and limitations. Applications for a special permit for a marijuana establishment shall not be subject to site plan review (§ 235-16.1).
(1)
Requirements.
(a)
It shall be unlawful for any person to operate a marijuana establishment
without obtaining a special permit to operate pursuant to the requirements
of this section.
(b)
A separate special permit is required for each different marijuana establishment detailed in § 235-5, Definitions. In the case that one or more different types of marijuana establishments are proposed, each establishment type shall require a special permit from the Planning Board.
(c)
The special permit requirements set forth in this chapter shall
be in addition to, and not in lieu of, any other licensing and permitting
requirements imposed by any other federal, state, or local law.
(d)
The issuance of a special permit pursuant this chapter does
not create an exception, defense, or immunity to any person or entity
in regard to any potential criminal liability the person or entity
may have for the production, distribution, or possession of marijuana.
(e)
A special permit issued for a marijuana establishment is not
transferable or assignable to a different location or a different
type of marijuana establishment.
(f)
In compliance with Chapter 94G, § 3(a), of the Massachusetts
General Laws, the Planning Board shall not grant special permits that
would allow for more than one marijuana retailer to be in operation
at any one time.
(2)
Applications for a special permit shall include the following:
(a)
The name and address of each owner of the establishment and
property owner.
(b)
Evidence of the applicant's right or intended right to use the
site for the establishment, such as an executed or draft deed or lease.
(c)
If the applicant is a business organization, a statement under
oath disclosing all of its owners, shareholders, partners, members,
managers, directors, officers, trustees or other similarly situated
individuals and entities and their addresses. If any of the above
are entities rather than persons, the applicant must disclose the
identity of the owners of such entities until the disclosure contains
the names of individuals.
(d)
An operation and management plan containing a narrative describing
the type and scale of all activities that will take place on the proposed
site, including but not limited to cultivating and processing of marijuana
or marijuana-infused products, on-site sales, distribution of educational
materials, and other programs or activities. The operation and management
plan shall also detail hours of operation, staffing, employee safety,
fire prevention, ventilation system and air quality, and proposed
utility demand.
(e)
A floor plan of the proposed marijuana establishment that identifies
square footage available and describes the functional areas of the
marijuana establishment.
(f)
A construction management plan, if renovations or new construction
will occur, containing provisions for the protection of abutting properties
during construction, and site excavation, demolition, blasting, and
site reclamation plans if appropriate.
(g)
A site plan depicting the proposed development on the property,
including the dimensions of the building, the layout of parking, the
location of pedestrian and vehicular points of access and egress,
the location and design of all loading, refuse and service facilities,
the location, type and direction of all outdoor lighting on the site,
and any landscape design.
(h)
Architectural drawings of all exterior building facades and
all proposed signage, specifying materials and colors to be used.
(i)
A security plan containing security measures for the marijuana
establishment, including lighting, fencing, video monitoring, gates
and alarms, etc., to ensure the safety of persons and to protect the
premises from theft. The security plan shall also detail security
measures for the transportation of marijuana and marijuana products
to and from off-site premises.
(j)
Traffic impact analysis including modeling the expected origin
and frequency of client and employee trips to the site, the expected
modes of transportation used by clients and employees, and the frequency
and scale of deliveries to and from the site.
(k)
Copies of registration materials for all required licenses and
permits issued to the applicant by the Commonwealth of Massachusetts
and any of its agencies for the marijuana establishment.
(l)
Letters from the Police Department and Board of Health indicating
that the application materials were reviewed and the safety and security
measures of the marijuana establishment are adequate.
(m)
Any other information requested by the Planning Board that will
allow fair and full consideration of the special permit request.
(3)
Applications for a marijuana retailer seeking to colocate with
a registered marijuana dispensary shall include a narrative detailing
the physical separation between medical and adult-use (recreational)
sales areas. Separation may be provided by a temporary or semipermanent
physical barrier, such as a stanchion, that adequately separates sales
areas of marijuana products for medical use from sales areas of marijuana
products for adult use. A retailer shall provide for separate lines
for sales of marijuana products for medical use from marijuana products
for adult use within the sales area; provided, however, that the holder
of a medical registration card may use either line and shall not be
limited only to the medical use line. A retailer shall additionally
provide an area that is separate from the sales floor to allow for
confidential consultation.
(4)
The Office of Planning and Community Development (OPCD) will
distribute a set of the application materials to the Police Chief,
Health Director, and Building Commissioner for review. The Office
of Planning and Community Development will provide notice of receipt
of an application to the City Engineer, Fire Chief, Conservation Commission,
City Solicitor, City Council, and Mayor. All departments shall report
their comments, conditions, remedial measures and recommendations,
in writing, to the Planning Board within 30 days.
(5)
Findings. In addition to the findings required by § 235-63, the Planning Board shall not issue a special permit for a marijuana establishment unless it finds that:
(a)
The marijuana establishment complies with all applicable state
and local laws, regulations, and requirements, including, but not
limited to, health and safety regulations, and construction and environmental
requirements;
(b)
The building and site have been designed to be compatible with
other buildings and sites in the area;
(c)
The siting of the marijuana establishment will be accomplished
so as to minimize any adverse impacts on abutters and other parties
in interest;
(d)
The marijuana establishment will create no substantial harm
to the established or future character of the neighborhood or city;
(e)
With due consideration to aesthetics, the marijuana establishment
is designed to ensure convenient, safe, and secure access for the
personal safety of customers and those working at the facility, and
to protect the premises from theft and diversion of marijuana;
(f)
The applicant has demonstrated the availability and provision
of adequate access, utilities, and other infrastructure and that the
operation of the marijuana establishment will not adversely affect
such access, utilities, and infrastructure;
(g)
The applicant addresses issues of vehicular and pedestrian traffic,
circulation, parking and queuing, especially during peak periods at
the marijuana establishment; and
(h)
The marijuana establishment provides adequate security measures
to ensure that no individual participants will pose a threat to the
health or safety of other individuals, and that the storage and/or
location of cultivation of marijuana is adequately secured in enclosed,
locked facilities.
(6)
Conditions. The Planning Board may impose conditions reasonably
appropriate to improve site design, traffic flow, public safety, and
air quality and preserve the character of the surrounding area and
otherwise serve the purpose of this section. As a condition of this
special permit, all marijuana establishments shall meet with the Melrose
Fire Department and Melrose Police Department to discuss emergency
and contingency plans for the site. Prior to the issuance of a certificate
of occupancy by the Building Commissioner, a written emergency response
plan shall be filed with the Melrose Fire Department and the Melrose
Police Department that includes employee roles and responsibilities,
locations of fire suppression systems, evacuation routes, and meeting
locations during an emergency.
E.
Inspections and reporting.
(1)
Marijuana establishments shall consent to unannounced, unscheduled,
periodic inspections of its premises by the Building Commissioner
or designee, including an agent from the Building, Health, Police,
and Fire Departments on weekdays during normal business hours to determine
the marijuana establishment's compliance with the requirements of
applicable state and local laws, regulations, codes, license and permit
conditions, and this section.
(2)
Routine inspections may be made on weekdays during regular City
business hours by authorized inspectional departments to determine
compliance with applicable state and local laws, regulations, codes,
and license and permit conditions. Inspections by the authorized inspectional
departments may be made at other times to investigate complaints or
suspected noncompliance issues.
(3)
Inspections may include all areas occupied, used, or controlled
by the marijuana establishment. Inspections shall be conducted in
conformity with applicable federal, state, and local law.
(4)
Each marijuana establishment permitted shall as a condition
of its special permit file an annual report to the special permit
granting authority, the Board of Health, the Building Commissioner,
the Police Department, and the City Clerk no later than January 31,
providing a copy of all current applicable state licenses for the
marijuana establishment and/or demonstrating continued compliance
with 935 CMR 500.000 as well as the conditions of the special permit.
F.
Abandonment or discontinuance of use.
