It is the purpose of this section to establish a Sharon Commons
Smart Growth Overlay District and to encourage smart growth in accordance
with the purposes of MGL c. 40R, and to foster a range of housing
opportunities to be proposed in a distinctive and attractive site
development program that promotes compact design, preservation of
open space, and a variety of transportation options, including enhanced
pedestrian access to employment and nearby transportation systems.
Other objectives of this section are to:
a.
Promote the public health, safety, and welfare by encouraging diversity
of housing opportunities;
b.
Provide for a full range of housing choices for households of all
incomes, ages, and sizes in order to meet the goal of preserving municipal
character and diversity;
c.
Increase the production of a range of housing units to meet existing
and anticipated housing needs;
d.
Provide a mechanism by which residential development can contribute
directly to increasing the supply and diversity of housing;
e.
Establish requirements, standards, and guidelines, and ensure predictable,
fair and cost-effective development review and permitting;
f.
Establish development standards to allow context-sensitive design
and creative site planning;
g.
Enable the Town to receive zoning incentive payments and/or density
bonus payments in accordance with MGL c. 40R, 760 CMR 59.06, and additional
Chapter 70 aid in accordance with MGL c. 405 arising from the development
of housing in the Sharon Commons Smart Growth Overlay District.
For purposes of this section, the following definitions shall
apply. All capitalized terms shall be defined in accordance with the
definitions established under the Enabling Laws or this Subsection
4902. To the extent that there is any conflict between the definitions
set forth in this section and the Enabling Laws, the terms of the
Enabling Laws shall govern.
An Affordable Housing unit required to be sold to an Eligible
Household.
Housing that is affordable to and occupied by Eligible Households.
A deed restriction of Affordable Housing meeting statutory
requirements in MGL c. 184, § 31 and the requirements of
Subsection 4904e.
An Affordable Housing unit required to be rented to an Eligible
Household.
A residential development allowed under Subsection 4905 without
recourse to a special permit, variance, zoning amendment, or other
form of zoning relief.
A facility licensed by the Executive Office of Elder Affairs
pursuant to MGL c. 19D and all applicable requirements. This definition
shall not include any other forms of group living quarters such as
group foster care group homes, single-room-occupancy residences, rooming
or lodging houses, and other facilities as listed in Commonwealth
of Massachusetts Regulations (651 CMR 12.01).
See Subsection 4912.
A residential development undertaken within the SCSGOD. A
Development Project shall be identified on a Site Plan which is submitted
to the Plan Approval Authority for site plan review in accordance
with the requirements of this Section 4900.
The Department of Housing and Community Development of the
Commonwealth of Massachusetts or any successor agency.
An individual or household whose annual income is less than
80% of the area-wide median income as determined by the United States
Department of Housing and Urban Development (HUD), adjusted for household
size, with income computed using HUD's rules for attribution of income
to assets.
MGL c. 40R and 760 CMR 59.00.
Dwelling containing four or more dwelling units.
Standards and criteria which a Project in the SCSGOD must
meet under the procedures established herein and in the Enabling Laws.
For purposes of reviewing Project applications and issuing
decisions on development Projects within the SCSGOD, the Plan Approval
Authority (PAA), consistent with MGL c. 40R and 760 CMR 59.00, shall
be the Zoning Board of Appeals. The PAA is authorized to approve a
Site Plan to implement a Project.
A plan depicting a proposed Development Project for all or
a portion of the Sharon Commons Smart Growth Overlay District and
which is submitted to the Plan Approval Authority for its review and
approval in accordance with provisions of this bylaw.
Dwelling containing two or three dwelling units.
The Zoning Bylaw of the Town.
a.
Establishment. The Sharon Commons Smart Growth Overlay District,
hereinafter referred to as the "SCSGOD," is an overlay district having
a land area of approximately 11.55 acres, being portions of Assessor's
Map 47, Lot 37 and Assessor's Map 57, Lots 17, 18 and 21, that is
superimposed over the underlying zoning district, as shown on the
Zoning Map as set forth on the map entitled "Attachment 1-1: Locator
Map," but only including Subzones A and B, and on the two maps entitled
"Attachment 5-4: Smart Growth Zoning Map," all maps being dated September
23, 2008, and attached hereto as Appendix A. These maps are hereby
made a part of the Zoning Bylaw and are on file in the Office of the
Town Clerk.
b.
Underlying zoning. The SCSGOD is an overlay district superimposed
on all underlying zoning districts. Except as limited herein, the
underlying zoning shall remain in full force and effect.
c.
Applicability of SCSGOD. In accordance with the provisions of MGL
c. 40R and 760 CMR 59.00, an applicant for a Project located within
the SCSGOD may seek Plan Approval in accordance with the requirements
of this Section 4900. In such case, then notwithstanding anything
to the contrary in this Zoning Bylaw, such Plan Approval shall not
be subject to any other provisions of this Zoning Bylaw, including
limitations upon the issuance of building permits for residential
uses related to a rate of development or phased growth limitation
or to a local moratorium on the issuance of such permits, or to building
permit or dwelling unit limitations, including but not limited to
any rate-of-development limitations provided in the Zoning Bylaw.
When a building permit is issued for any Project approved in accordance
with this Section 4900, the provisions of the underlying district(s)
shall no longer be applicable to the land shown on the Site Plan which
was submitted pursuant to Subsections 4910 and 4911 for such Project.
a.
Marketing plan. Prior to granting Plan Approval for housing within
the SCSGOD, an applicant for such approval must submit a narrative
document and marketing plan that establishes that the proposed development
of housing is appropriate for diverse populations, including households
with children, other households, individuals, households including
individuals with disabilities, and the elderly. These documents in
combination, to be submitted with an application for Plan Approval
pursuant to Subsections 4910 and 4911, below, shall include details
about construction related to the provision, within the Project, of
units that are accessible to the disabled. The marketing plan must
be approved by DHCD prior to the issuance of a building permit for
a Development Project.
b.
Number of Affordable Housing units. For all Projects, not less than
20% of the total housing units constructed in a Project shall be Affordable
Housing. For all Projects where the affordable units proposed are
rental units, not less than 25% of total housing units in any building
containing rental units shall be Affordable Housing; provided, however,
that 20% of such units may be affordable where restricted to households
earning less than 50% of area median income. For purposes of calculating
the number of units of Affordable Housing required within a Project,
any fractional unit shall be deemed to constitute a whole unit.
c.
Requirements. Affordable Housing shall comply with the following
requirements:
(1)
For an Affordable Rental Unit, the monthly rent payment, including
utilities and parking, shall not exceed 30% of the maximum monthly
income permissible for an Eligible Household, assuming a family size
equal to the number of bedrooms in the unit plus one, unless other
affordable program rent limits approved by the DHCD shall apply.
(2)
For an Affordable Homeownership Unit, the monthly housing payment,
including mortgage principal and interest, private mortgage insurance,
property taxes, condominium and/or homeowners' association fees, insurance,
and parking, shall not exceed 30% of the maximum monthly income permissible
for an Eligible Household, assuming a family size equal to the number
of bedrooms in the unit plus one.
(3)
Affordable Housing required to be offered for rent or sale shall
be rented or sold to and occupied only by Eligible Households.
(4)
The SCSGOD shall not include the imposition of restrictions
on age upon the entire district, but the development of specific Projects
within the SCSGOD may be exclusively for the elderly, persons with
disabilities, or for assisted living, provided that any such Project
shall be in compliance with all applicable federal, state and local
fair housing laws and regulations and not less than 25% of the housing
units in such a restricted Project shall be restricted as Affordable
Housing.
(5)
At least 10% of the Affordable Housing units shall be handicapped-accessible.
d.
Design and construction. Units of Affordable Housing shall be finished
housing units. Units of Affordable Housing shall be dispersed throughout
the development of which they are part and be comparable in initial
construction, quality and exterior design to other housing units in
the development. The total number of bedrooms in the Affordable Housing
shall be at least proportionate to the total number of bedrooms in
all the units in the Development Project of which the Affordable Housing
is part.
e.
Affordable Housing restriction. Each unit of Affordable Housing shall
be subject to an Affordable Housing Restriction which is recorded
with the appropriate Registry of Deeds or District Registry of the
Land Court and prior to such recording has been approved by DHCD.
Such Affordable Housing Restriction shall contain the following:
(1)
Specification of the term of the Affordable Housing Restriction,
which shall be the maximum period allowed by law but not less than
99 years;
(2)
The name and address of a monitoring agent with a designation
of its power to monitor and enforce the Affordable Housing Restriction;
(3)
A description of the Affordable Homeownership Unit, if any,
by address and number of bedrooms; and a description of the overall
quantity and number of bedrooms and number of bedroom types of Affordable
Rental Units in a Project or portion of a Project which are rental.
Such restriction shall apply individually to the specifically identified
Affordable Homeownership Unit and shall apply to a percentage of rental
units of a rental Project or the rental portion of a Project without
specific unit identification;
(4)
Reference to a housing marketing and resident selection plan,
to which the Affordable Housing is subject, and which includes an
affirmative fair housing marketing program, including public notice
and a fair resident selection process. If approved by DHCD, the housing
marketing and selection plan may provide for preferences in resident
selection for the Affordable Housing units. The plan shall designate
the household size appropriate for a unit with respect to bedroom
size and provide that the preference for such unit shall be given
to a household of the appropriate size;
(5)
A requirement that buyers or tenants will be selected at the
initial sale or initial rental and upon all subsequent sales and rentals
from a list of Eligible Households compiled in accordance with the
housing marketing and selection plan;
(6)
Reference to the formula pursuant to which rent of a rental
unit or the maximum resale price of a homeownership will be set;
(7)
A requirement that only an Eligible Household may reside in
Affordable Housing and that notice of any lease or sublease of any
unit of Affordable Housing shall be given to the monitoring agent;
(8)
Provision for effective monitoring and enforcement of the terms
and provisions of the Affordable Housing Restriction by the monitoring
agent;
(9)
Provision that the restriction on an Affordable Homeownership
Unit shall run in favor of the monitoring agent and the Town, in a
form approved by Municipal Counsel, and shall limit initial sale and
all subsequent resales to and occupancy by an Eligible Household;
(10)
Provision that the restriction on Affordable Rental Units in
a rental Project or rental portion of a Project shall run with the
rental Project or rental portion of a Project and shall run in favor
of the monitoring agent and the Town, in a form approved by Municipal
Counsel, and shall limit rental and occupancy to an Eligible Household;
(11)
Provision that the owner(s) or manager(s) of Affordable Rental
Unit(s) shall file an annual report to the monitoring agent, in a
form specified by that agent, certifying compliance with the affordability
provisions of this bylaw and containing such other information as
may be reasonably requested in order to ensure affordability;
(12)
A requirement that residents in Affordable Housing provide such
information as the monitoring agent may reasonably request in order
to ensure affordability.
f.
Monitoring agent. A monitoring agent, which may be the local housing
authority, or other qualified housing entity shall be designated by
the PAA as the monitoring agent for all Projects in the SCSGOD. In
a case where the monitoring agent cannot adequately carry out its
administrative duties, upon certification of this fact by the PAA
or by DHCD, such duties shall devolve to and thereafter be administered
by a qualified housing entity designated by the PAA. In any event,
such monitoring agent shall ensure the following, both prior to issuance
of a building permit for a Project within the SCSGOD, and on a continuing
basis thereafter, as the case may be:
(1)
Prices of Affordable Homeownership Units are properly computed;
rental amounts of Affordable Rental Units are properly computed;
(2)
Income eligibility of households applying for Affordable Housing
is properly and reliably determined;
(3)
The housing marketing and resident selection plan conforms to
all requirements and is properly administered;
(4)
Sales and rentals are made to Eligible Households chosen in
accordance with the housing marketing and resident selection plan,
with appropriate unit size for each household being properly determined
and proper preference being given; and
(5)
Affordable Housing Restrictions meeting the requirements of
this section are recorded with the proper Registry of Deeds.
g.
Housing marketing and selection plan. The housing marketing and selection
plan shall make provision for payment by the Project applicant of
reasonable costs to the monitoring agent to develop, advertise, and
maintain the list of Eligible Households and to monitor and enforce
compliance with affordability requirements, as set forth in Subsection
4904c.
h.
Phasing. The PAA, as a condition of any Plan Approval, may require
a Project to be phased in order to mitigate any extraordinary adverse
Project impacts on nearby properties. For Projects that are approved
and developed in phases, the PAA shall assure the required number
of Affordable Housing units in the Project, as per Subsection 4904b.
Such assurance may be provided through use of the security devices
referenced in MGL c. 41, § 81U, or through the PAA's withholding
of certificates of occupancy until proportionality has been achieved.
No density bonus payment will be received by the Town until such proportionality
has been achieved by the issuance of occupancy permits for the Affordable
Housing units in the Project.
i.
Computation. Prior to the granting of any Plan Approval of a Project,
the applicant must demonstrate, to the satisfaction of the monitoring
agent, that the method by which such affordable rents or affordable
purchase prices are computed shall be consistent with state or federal
guidelines for affordability applicable to the Town.
j.
No waiver. Notwithstanding anything to the contrary herein, the affordability
provisions in this Subsection 4904 shall not be waived.
a.
As-of-right uses. The following uses shall be permitted as-of-right
in the SCSGOD:
(1)
Subzone A: Multifamily Use. Wastewater generation exceeding
six gallons per day per 1,000 square feet of lot area and on-site
wastewater treatment plants treating domestic wastewater pursuant
to issuance of a groundwater discharge permit by the Massachusetts
Department of Environmental Protection. Wastewater treatment plan
effluent shall comply with the DEP Interim Guidelines on Reclaimed
Water (Revised), Policy No. BRP/DWM/PeP-P00-3, dated January 3, 2000.
(2)
Subzone B: Townhouse Use.
No building or structure shall be built nor shall any existing
building or structure be enlarged except in conformance with the following
Table of Dimensional Requirements:
|
Table of Dimensional Requirements
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Setbacks
(feet)
| ||||||||
|
Subzone
|
Minimum Area
(square feet)
|
Maximum Building Height
|
Required Frontage
|
Minimum Width
|
Maximum Coverage
|
Front
|
Side
|
Rear
|
|
A
|
60,000
|
4 stories* or
60 feet
|
N/A
|
N/A
|
35% building footprint;
60% total impervious
|
50
|
10
|
10
|
|
B
|
60,000
|
2.5 stories or
40 feet
|
N/A
|
N/A
|
35% building footprint;
60% total impervious
|
5
|
5
|
5
|
|
*
|
Not including below-grade parking facilities.
|
a.
Driveways. Curb cuts provide for safe entering and exiting. The location
of driveway openings in relation to traffic and to adjacent streets
shall provide for the convenience and safety of vehicular and pedestrian
movement within the site. The number of curb cuts on state and local
roads shall be minimized.
b.
Interior design. The proposed development shall assure safe interior
circulation within its site by separating pedestrian, bike ways, and
vehicular traffic.
c.
Transportation plan. The proposed development shall be subject to
an approved transportation plan. The transportation plan shall consist
of the following information:
(1)
A plan showing the proposed parking, loading, traffic and pedestrian
circulation within the site; access and egress points; and other features
related to traffic generated by the proposed use.
(2)
A traffic study, prepared by a qualified traffic engineer, detailing
the expected traffic impacts. The required traffic study shall substantially
conform to the Institute of Transportation Engineers' Traffic Access
and Impact Studies for Site Development: A Recommended Practice, latest
edition. The PAA shall approve the geographic scope and content of
the study. In addition, the applicant shall submit a transportation
demand management (TDM) plan tailored to the specific uses and the
geographic location of the site.
(3)
Proposed mitigation measures, if any, such as left-turn lanes,
roadway widening, signage, signalization of intersections.
a.
Off-street parking requirements. Any structure that is constructed,
enlarged, or extended which affects the computation of parking spaces
shall provide parking in accordance with the Table of Off-Street Parking
Regulations. An existing structure which is enlarged shall be required
to provide parking spaces in accordance with the following table for
the entire structure.
b.
Existing spaces. Parking spaces being maintained in connection with
any existing structure shall not be decreased so long as said structure
remains, unless a number of parking spaces is constructed elsewhere
such that the total number of spaces conforms to the requirements
of the tables of this section, provided this regulation shall not
require the maintenance of more parking spaces than are required according
to the tables.
c.
Computation of spaces. When the computation of required parking spaces
results in the requirement of fractional space, any fraction over
1/2 shall require one space.
d.
Combined facilities. Parking required for two or more structures
may be provided in combined facilities on the same or adjacent lots,
where it is evident that such facilities will continue to be available
for the several structures.
|
Table of Off-Street Parking Regulations
| ||
|---|---|---|
|
Uses
|
Minimum Number of Parking Spaces per Unit
| |
|
Multifamily and Townhouse Use
|
1.5
| |
e.
Waiver of parking requirements. Notwithstanding anything to the contrary
herein, any minimum required amount of parking may be reduced upon
a demonstration to the reasonable satisfaction of the PAA that the
lesser amount of parking will not cause excessive congestion, endanger
public safety, or that the lesser amount of parking will provide positive
environmental or other benefits, taking into consideration:
(1)
The availability of surplus off-street parking in the vicinity
of the use being served and/or the proximity of a bus station or major
transportation route;
(2)
The availability of public or commercial parking facilities
in the vicinity of the use being served;
(3)
Shared use of off-street parking spaces serving other uses having
peak user demands at different times;
(4)
Age or other occupancy restrictions which are likely to result
in a lower level of auto usage;
(5)
Impact of the parking requirement on the physical environment
of the affected lot or the adjacent lots, including reduction in green
space, destruction of significant existing trees and other vegetation,
destruction of existing dwelling units, or loss of pedestrian amenities
along public ways; and
(6)
Such other factors as may be considered by the PAA.
a.
Pre-application.
(1)
Prior to the submittal of a site plan, a "concept plan" may
be submitted to help guide the development of the definitive site
plan for Project buildout and individual elements thereof. Such concept
plan should reflect the following:
(2)
The concept plan is intended to be used as a tool for both the
applicant and the PAA to ensure that the proposed Project design will
be consistent with the Design Standards and guidelines and the other
requirements of the SCSGOD.
b.
Application. An application for Plan Approval shall be submitted
to the PAA on the form provided by the PAA. An application shall show
the proposed buildout of the entire Project, whether the Project will
be phased or not.
c.
Required submittals. The application for Plan Approval shall be accompanied
by the following plans and documents:
(1)
Site Plan, drawn at a scale of one inch equals 20 feet or one
inch equals 40 feet, with a layout tied to the Massachusetts State
Coordinate System and with elevations on North American Vertical Datum
(NAVD 88). Site Plans shall be prepared by an interdisciplinary team,
including a Massachusetts civil professional engineer and a Massachusetts
registered landscape architect, and shall bear their signatures and
seals. Building plans shall be prepared by a Massachusetts registered
architect, and shall bear the architect's seal. Site Plans shall include:
(i)
Cover sheet, layout sheet, grading and drainage sheet, utilities
sheet, wastewater collection and treatment system sheet, traffic control
sheet, landscaping sheet, lighting sheet, photometric sheet, construction
details sheet, construction phasing sheet and sedimentation and erosion
control sheet.
(ii)
Existing conditions sheet based on an on-the-ground
survey and on fieldwork performed no more than three years prior to
submission, showing all existing topographic, utility and property
information.
(iii)
Layout sheet showing, among other things, all
existing and proposed buildings and structures and their uses, means
of building egress, parking areas, access drives, loading areas, refuse
and other waste disposal facilities and dumpsters, driveway openings,
driveways, service areas and all other open space areas, zoning summary
table, accessible parking spaces and accessible routes.
(iv)
Grading sheet showing existing and proposed grading
using two-foot contours and spot grades, as required to show improvements.
(v)
Wastewater sheets showing all components of the sanitary sewer
collection, pumping and treatment systems.
(vi)
Utilities sheets showing all components of the
stormwater management system, water distribution system, site lighting
system, lighting photometric plan and cable utility systems.
(vii)
Landscape sheets showing all hardscape and planting
elements. Site lighting fixture locations shall be shown for coordination
purposes. The drawings shall show the quantity, location, species
and height or caliper of all trees and shrubs and the species, size
and quantity of all groundcovers. Construction details shall be provided
for all structures and hardscape elements and planting details shall
be provided for coniferous and deciduous trees and shrubs of each
size.
(2)
Drainage calculations and a narrative report detailing runoff
under existing pre-developed conditions and under future post-development
conditions and identifying changes in the peak rate and total volume
of stormwater runoff for the two-, ten- and one-hundred-year-frequency
storm events. The drainage calculations shall bear the signature and
seal of the engineer of record.
(3)
Schematic architectural plans and elevations for all structures.
(4)
A complete sign package, including all advertising and way-finding
signage.
(5)
Traffic study conforming to the EOEA/EOTC Guidelines EIR/EIS
Traffic Impact Assessment (1989). The traffic study area (TSA) shall
encompass all intersections within 3,000 feet of the project boundary
accommodating 10% or more of the traffic generated by the project.
Alternatively, the proponent may elect to allow the PAA to establish
the limits of the TSA. Traffic shall be evaluated for the "existing
case," the "no-build plus five-year case" and the "build plus five-year
case." Existing traffic count data taken within the three-year period
prior to filing and traffic studies completed within said three-year
period may be utilized to satisfy this requirement.
(6)
Plans for roadway and intersection upgrades for all roadway
segments and intersections within the traffic study area, sufficient
to provide Level of Service D or better under the "build plus five-year
case" for the AM peak hour and the PM peak hour.
(7)
In addition, the Plan Approval Authority will establish a "scope"
detailing the design, fiscal, environmental and community issues to
be evaluated based upon the likely impacts of the proposed Project.
(8)
Evidence that the Project complies with the cost and eligibility
requirements of Subsection 4904c.
(9)
Project plans that demonstrate compliance with the requirements
of Subsection 4904d.
(10)
A form of Affordable Housing Restriction that satisfies the
requirements of Subsection 4904e.
a.
Filing. An applicant for Plan Approval shall file the application
and all required submittals with the Town Clerk and shall also file
forthwith 15 copies of the application and the other required submittals
with the PAA, including notice of the date of filing with the Town
Clerk.
b.
Circulation to other boards. Upon receipt of the application, the
PAA shall immediately provide a copy of the application materials
to the Select Board, Planning Board, Board of Health, Housing Partnership,
Conservation Commission, Fire Department, Police Department, Building
Commissioner, Department of Public Works, and other municipal officers,
agencies or boards designated by the PAA for comment, and any such
board, agency or officer shall provide any written comments within
60 days of its receipt of a copy of the plan and application for approval.
c.
Hearing. The PAA shall hold a public hearing for which notice has
been given as provided in MGL c. 40A, § 11. The decision
of the PAA shall be made, and a written notice of the decision filed
with the Town Clerk, within 120 days of the receipt of the application
by the Town Clerk. The required time limits for such action may be
extended by written agreement between the applicant and the PAA, with
a copy of such agreement being filed in the office of the Town Clerk.
Failure of the PAA to take action within said 120 days or extended
time, if applicable, shall be deemed to be an approval of the application
and site plan.
d.
Peer review. In addition to the application fee, the applicant shall
be required to pay for reasonable consulting fees to provide peer
review of the Plan Approval application, pursuant to MGL c. 40R, § 11.
This technical review fee shall be paid at the time of the application.
The initial deposit shall be $10,000 and shall be subject to replenishment
as needed. Such fees shall be held by the Town in a separate account
and used only for expenses associated with the review of the application
by outside consultants, including, but not limited to, attorneys,
engineers, urban designers, housing consultants, planners, and others.
Any surplus remaining after the completion of such review, including
any interest accrued, shall be returned to the applicant.
a.
Design Standards. In order to preserve and augment the SCSGOD's architectural
qualities, historic character and pedestrian scale, the Smart Growth
Overlay District Design Standards are incorporated herein as an appendix
hereto, and are applicable to all Projects within the SCSGOD. Said
Design Standards address: architectural elements; the scale and proportion
of buildings; the alignment, width, grade, and surfacing materials
of streets and sidewalks; the type and location of infrastructure;
site design; off-street parking; landscaping design and species selection;
exterior and window signs; and buffering in relation to adjacent properties.
Said Design Standards are intended to be applied flexibly by the PAA
as part of the Plan Approval process. All applications for Plan Approval
shall comply, except where a specific waiver is granted, to said Design
Standards.
b.
Amendments. The PAA may adopt, by majority vote, amendments to the
Design Standards. Any amendment to the Design Standards must be objective
and not subjective and may only address the scale and proportions
of buildings, the alignment, width, and grade of streets and sidewalks,
the type and location of infrastructure, the location of building
and garage entrances, off-street parking, the protection of significant
natural site features, the location and design of on-site open spaces,
exterior signs, and buffering in relation to adjacent properties.
DHCD may, at its discretion, require any amendment to the Design Standards
to contain graphics illustrating a particular standard or definition
in order to make such standard or definition clear and understandable.
c.
DHCD approval. Before adopting any Design Standard, the PAA shall
submit the proposed Design Standard to DHCD for approval. Any amendment
to the Design Standards shall not take effect until approved by DHCD
and filed with the Town Clerk. In submitting a proposed Design Standard
for DHCD approval, the PAA shall also submit sufficient documentation
clearly showing that the proposed Design Standard will not add unreasonable
costs to Development Projects or unreasonably impair the economic
feasibility of a Development Project. A letter from a developer, property
owner or other interested party indicating that the Design Standards
will not add unreasonable costs or unreasonably impair the economic
feasibility of a Development Project shall not constitute sufficient
documentation.
d.
Plan approval. An application for Plan Approval that has been submitted
to the Town Clerk pursuant to Subsections 4910 and 4911 shall not
be subject to any Design Standard that has not been approved by DHCD
and filed with the Town Clerk.
[1]
Editor's Note: See also the SCSGOD Design Standards included
as an attachment to this chapter.
a.
Waivers. Except where expressly prohibited herein, upon the request
of the applicant the Plan Approval Authority may waive dimensional
and other requirements of this Section 4900, including the Design
Standards, in the interests of design flexibility and overall Project
quality, and upon a finding of consistency of such variation with
the overall purpose and objectives of the SCSGOD, or if it finds that
such waiver will allow the Project to achieve the density, affordability,
mix of uses, and/or physical character allowable under this section.
b.
Plan review. An application for Plan Approval shall be reviewed for
consistency with the purpose and intent of this section, and such
plan review shall be construed as an as-of-right review and approval
process as required by and in accordance with the Enabling Laws.
c.
Plan Approval. Plan Approval shall be granted by a simple majority
where the PAA finds that:
(1)
The applicant has submitted the required fees and information
as set forth herein; and
(2)
The Project and Site Plan meet the requirements and standards
set forth this Section 4900, or a waiver has been granted therefrom;
and
(3)
Extraordinary adverse potential impacts of the Project on nearby
properties have been adequately mitigated by means of suitable conditions.
d.
Plan disapproval. A Site Plan may be disapproved only where the PAA
finds that:
(1)
The applicant has not submitted the required fees and information
as set forth herein; or
(2)
The Project and Site Plan do not meet the requirements and standards
set forth this Section 4900, or a waiver has not been granted therefrom;
or
(3)
It is not possible to adequately mitigate significant adverse
Project impacts on nearby properties by means of suitable conditions.
e.
Form of decision. All decisions of the PAA shall be by a majority
vote of the members present and voting. The PAA shall issue to the
applicant a copy of its decision containing the name and address of
the owner, identifying the land affected, and the plans that were
the subject of the decision, and certifying that a copy of the decision
has been filed with the Town Clerk and that all plans referred to
in the decision are on file with the PAA. If 20 days have elapsed
after the decision has been filed in the office of the Town Clerk
without an appeal having been filed or if such appeal, having been
filed, is dismissed or denied, the Town Clerk shall so certify on
a copy of the decision. A copy of the decision shall be provided to
the Building Commissioner. A copy of the decision or application bearing
such certification shall be recorded in the Registry of Deeds for
the county and district in which the land is located and indexed in
the grantor index under the name of the owner of record or recorded
and noted on the owner's certificate of title. The fee for recording
or registering shall be paid by the applicant.
a.
Minor change. After Plan Approval, an applicant may apply to make
minor changes involving minor utility or building orientation adjustments,
or minor adjustments to parking or other site details that do not
affect the overall buildout or building envelope of the site, or provision
of open space, number of housing units, or housing need or affordability
features. Such minor changes must be submitted to the PAA on redlined
prints of the approved plan, reflecting the proposed change, and on
application forms provided by the PAA. The PAA may authorize such
changes at any regularly scheduled meeting, without the need to hold
a public hearing. The PAA shall set forth any decision to approve
or deny such minor change by motion and written decision, and provide
a copy to the applicant for filing with the Town Clerk. A copy of
the decision shall be provided to the Building Commissioner.
b.
Major change. Those changes deemed by the PAA to constitute a major
change because of the nature of the change in relation to the prior
approved plan, or because such change cannot be appropriately characterized
as a minor change as described above, shall be processed by the PAA
as a new application for Plan Approval pursuant to this section.
The provisions of the SCSGOD shall be administered by the Zoning
Enforcement Officer, except as otherwise provided herein. Any appeal
arising out of action by the PAA regarding an application for Plan
Approval for a Project shall be governed by the applicable provisions
of MGL c. 40R. Any other request for enforcement or appeal arising
under this section shall be governed by the applicable provisions
of MGL c. 40A.
If any provision of this Section 4900 is found to be invalid
by a court of competent jurisdiction, the remainder of Section 4900
shall remain in full force. The invalidity of any provision of this
Section 4900 shall not affect the validity of the remainder of the
Town's Zoning Bylaw.
