A.
Purpose of district. The purpose of this district is:
(1)
To preserve and protect the streams and other watercourses and
their adjoining lands in the Town of Marshfield.
(2)
To protect the health and safety of persons and property against
the hazards of flooding and contamination.
(3)
To preserve and maintain the groundwater table for water supply
purposes.
(4)
To protect the community against the detrimental use and development
of lands adjoining such watercourses.
(5)
To conserve the watershed areas of the Town of Marshfield for
the health, safety, and welfare of the public.
B.
Definition of district. The Inland Wetlands District is superimposed over any other district established by this bylaw. Except as noted below, all lands in Marshfield which have been identified by the Soil Conservation Service of the U.S. Department of Agriculture as being characterized by poorly drained and very poorly drained mineral soils and very poorly drained soils formed by inorganic deposits and having a water table at or near the surface seven to nine months of the year are included in the district. Where these soils fall within the Coastal Wetlands District, the area shall be considered as in the Coastal Wetlands District. A parcel of land with respect to which a building or use permit is sought shall not be subject to the provisions of this Article XIII if:
(1)
It is partially outside the Inland Wetlands or Coastal Wetlands
Districts; and
(2)
The contiguous portion outside the boundaries of such districts is equal to at least 80% of the minimum area requirements of Article VI; and
(3)
The proposed building or use will take place on the portion
of such parcel which is outside such Inland or Coastal Wetlands Districts.
C.
Permitted use. Municipal use, such as waterworks, pumping stations,
essential services and parks, is permitted under this section. Land
in the Inland Wetlands District may be used for any purpose otherwise
permitted in the underlying district except that:
(1)
No structure intended for human occupancy or use on a permanent
basis having water and sewage facilities and no other building, wall,
dam or structure (except flagpoles, signs and the like) intended for
permanent use shall be erected, constructed, altered, enlarged, or
otherwise created or moved for any purpose unless a special permit
from the Board is issued. However, without a special permit, a structure
existing at the time this bylaw becomes effective may be reconstructed
or repaired after a fire or other casualty and a dwelling or buildings
accessory to a dwelling existing at the time this bylaw becomes effective
may be altered or enlarged provided no other provisions of these bylaws
are violated.
(2)
Dumping, filling, excavating or transferring of any earth material
within the district is prohibited unless a special permit from the
Board is issued. However, this subsection does not prohibit ordinary
gardening activities in lawn or garden areas which are used for such
purposes at the time this bylaw becomes effective.
(3)
No ponds or pools shall be created or other changes in watercourses,
for swimming, fishing or other recreational uses, agricultural uses,
scenic features or drainage improvements or any other uses, unless
a special permit from the Board is issued.
D.
Permit and procedure.
(1)
Any person(s) desiring such a permit shall submit an application
to the Board of Appeals which shall comply with the conditions and
submittal requirements as listed in the following subsections. (Such
conditions shall include, where applicable, approval by the Board
of Selectmen, the Massachusetts Department of Environmental Protection,
and the Massachusetts Department of Transportation under MGL c. 131,
acts relating to the protection of inland wetlands of the commonwealth.)
(2)
The application procedure shall be the same as for special permit.
Copies of the application for special permit to the Board with accompanying
plans shall also be sent to the Building Commissioner/Zoning Enforcement
Officer, Board of Health, Conservation Commission and the Planning
Board for their recommendations to the Board, as to their approval,
disapproval or appropriate recommendations.
E.
Required submittals.
(1)
Submission of a location plan at a scale of one inch equals
1,000 feet showing the lot(s) to be developed, lot(s) lines within
which the development is proposed, and tie-in to the nearest road
intersection.
(2)
A site plan at a minimum scale of one inch equals 40 feet shall
be prepared by a registered land surveyor or registered professional
civil engineer. The site plan shall be submitted to the Board and
shall show at least the following:
(a)
The location, boundaries, and dimension of each lot in question.
(b)
Two-foot contours of the existing and proposed land surface.
(c)
The locations of existing and proposed structures, watercourses,
and drainage easements, means of access, drainage, and sewage disposal
facilities.
(d)
The elevation of the basement and first floor.
(e)
The area and location of leaching fields.
F.
Development conditions. For the development of land within the Inland
Wetlands District, the following conditions shall apply:
(1)
The lot(s) shall be served by a public water system.
(2)
If the lot(s) is to be served by public sewerage system, the
following conditions shall apply:
(a)
A minimum of six test borings to a minimum depth of eight feet
shall be taken, three of which shall be within the area of the proposed
structure and three within 25 feet of the outside walls of the structure,
but not closer than 10 feet. A report by a soil scientist or qualified
engineer shall accompany the test data.
(b)
The floor level of areas to be occupied by human beings as living
or working space shall be four feet above the seasonal high-water
table and not subject to periodic flooding.
(c)
If the basement floor level is below the seasonal high-water
table and affords the possibility of human occupancy at some future
date, although not originally intended, adequate perimeter drainage
and foundation shall be installed to withstand the effect of pressure
and seepage. Furnace and utilities are to be protected from the effects
of leaching.
(d)
Safe and adequate means of vehicular and pedestrian passage
shall be provided in the event of flooding of the lot(s) or adjacent
lot(s) caused by either the overspill from water bodies or high runoff.
(3)
If the lot(s) is to be served by an on-lot septic system, the
following conditions including those listed previously shall apply:
(a)
The leaching area designed for use as well as a reserved area
for future expansion or total future use shall be plotted with dimensions
on the site plan.
(b)
A minimum of two percolation tests per leaching area shall be
performed. The maximum groundwater table shall be determined during
the last two weeks of March or the first three weeks of April. At
least two deep observation pits shall be dug to determine soil profiles.
The observation pits may be dug during other times of the year and
shall be accompanied by a detailed report compiled by a soil scientist
or qualified engineer.
(c)
The leaching areas shall not be constructed in areas where the
maximum groundwater elevation is less than four feet below the bottom
of the leaching area.
(4)
The developer shall show that the proposed development will
not endanger health or safety, including safety of gas, electricity,
fuel and other utilities from breaking, leaking, short circuiting,
grounding, igniting or electrocuting; obstruct or divert flood flow;
substantially reduce natural floodwater storage capacity; destroy
valuable habitat for wildlife; or increase stormwater runoff velocity
so that water levels on other land are substantially raised or the
danger from flooding increased.
G.
Board of Appeals procedure.
(1)
The Board of Appeals shall not take final action on an application
for a special permit hereunder until it has received a report thereon
from the Building Commissioner/Zoning Enforcement Officer, the Board
of Health, the Conservation Commission, and the Planning Board, or
until 30 days have elapsed after receipt of such plan without the
submission of a report. The Board of Appeals shall give due consideration
to all reports and, where its decision differs from the recommendations
received, shall state the reasons therefor in writing.
(2)
The Board may, as a condition of approval, require that effective
notice be given to prospective purchasers, by signs or otherwise,
of past flooding of said premises, and the steps undertaken by the
petitioner or his successor in title to alleviate the effects of the
same.
H.
Certificate of occupancy. No certificate of occupancy shall be issued
until the Board, the Building Commissioner/Zoning Enforcement Officer,
the Board of Health, the Conservation Commission, and the Planning
Board have received a certified plan showing the foundation and floor
elevations, grading of the premises, elevations of the various elements
that make up the sewage disposal system, and that all requirements
of all permits are satisfied.
I.
Areas and yard regulations. A lot, a portion of which is in the Inland Wetlands District, meets minimum area regulations under Article VI of this bylaw provided that not more than 20% of the lot area which is required to meet the minimum requirements of the zoning district is within the Inland Wetlands District.
A.
Purpose of district. The purpose of this district is to promote:
(1)
The health and safety of the occupants of lands subject to seasonal
or periodic tidal flooding.
(2)
The preservation of the salt marshes and tidal flats and their
attendant public benefit.
(3)
The safety and purity of water; control and containment of sewage;
safety of gas, electric, fuel and other utilities from breaking, leaking,
short circuiting, grounding, igniting, electrocuting or any other
dangers due to flooding.
B.
Definition of district. The Coastal Wetlands District is superimposed
over any other districts established by the bylaw. All lands in Marshfield
covered by water of the average lunar monthly high tides and all other
lands which have been identified in the report, "Soil Survey, Plymouth
County, Massachusetts" issued July 1969 by the Soil Conservation Service
of the U.S. Department of Agriculture as being tidal marsh and thereby
subject to tidal flooding are included in this district.
C.
Permitted uses. Municipal uses such as wastewater treatment facilities,
waterworks, pumping stations, a maritime service and safety facility,
essential services, and parks are permitted in this district. Land
in the Coastal Wetlands District may be used for any purpose otherwise
permitted in the underlying district except that:
[Amended 4-24-2017 STM
by Art. 2]
(1)
No structure intended for human occupancy or use on a permanent
basis having water or sewerage facilities, and no other building,
wall, dam, or structure (except flagpoles, signs and the like) intended
for permanent use shall be erected, constructed, altered, enlarged
or otherwise created or moved for any purpose except for piers, boathouses,
walkways, and similar facilities as which may be granted by a special
permit from the Board. However, without a special permit, a structure
existing at the time this bylaw becomes effective may be reconstructed
or repaired after a fire or other casualty and a dwelling or building
accessory to a dwelling existing at the time this bylaw becomes effective
may be altered or enlarged provided no other provisions of these bylaws
are violated.
(2)
Dumping, filling, excavating, or transferring of any earth material
within the district is prohibited. However, this subsection does not
prohibit ordinary gardening activities in lawn or garden areas which
are used for such purposes at the time this bylaw becomes effective.
(3)
No ponds or pools shall be created or other changes in watercourses,
for swimming, fishing, or other recreational uses, marine agricultural
uses, scenic features or drainage improvements or any other uses,
unless a special permit from the Board is issued.
(4)
No use shall be permitted to develop in such a manner as will
adversely affect the natural character of the area.
D.
Permit and procedure. Any person(s) desiring such a permit shall
submit an application to the Board which shall comply with the conditions
and submittal requirements as listed in the following subsections.
(Such conditions shall include, where applicable, approval by the
Board of Selectmen, the Massachusetts Department of Environmental
Protection and the Massachusetts Department of Transportation under
MGL c. 130, acts relating to the protection of coastal wetlands of
the commonwealth.) The application procedure shall be the same as
for special permits. Copies of the application for special permit
to the Board of Appeals with accompanying plans shall also be sent
to the Building Commissioner/Zoning Enforcement Officer, Board of
Health, the Conservation Commission, and the Planning Board for their
recommendations to the Board as to their approval, disapproval or
appropriate recommendations.
E.
Required submittals.
(1)
Submission of a location plan at a scale of one inch equals
1,000 feet showing the lot(s) to be developed, lot lines within which
the development is proposed and tie-in to the nearest road intersection.
(2)
A site plan at a minimum scale of one inch equals 40 feet shall
be prepared by a registered land surveyor or a registered professional
engineer. The site plan shall be submitted to the Board and shall
show at least the following:
F.
Board of Appeals procedure.
(1)
The Board shall not take final action on an application for
a special permit hereunder until it has received a report thereon
from the Building Commissioner/Zoning Enforcement Officer, the Board
of Health, the Conservation Commission, and the Planning Board or
until 30 days have elapsed after receipt of such plan without submission
of a report. The Board shall give due consideration to all reports
and, where its decision differs from the recommendations received,
shall state the reasons therefor in writing.
(2)
The Board may, as a condition of approval, require that effective
notice be given to prospective purchasers, by signs or otherwise,
of past flooding of said premises and the steps undertaken by the
petitioner or his successor in title to alleviate the effects of the
same.
G.
Certificate of occupancy. No certificate of occupancy shall be issued
until the Board, the Building Commissioner/Zoning Enforcement Officer,
the Board of Health, the Conservation Commission, and the Planning
Board have received a certified plan showing the foundation and floor
elevations, elevations of the completed construction, and that all
requirements of all permits are satisfied.
H.
Areas and yard regulations. A lot, a portion of which is in the Coastal Wetlands District, meets minimum area regulations under Article VI of this bylaw provided that not more than 20% of the lot area which is required to meet the minimum requirements of the zoning district is within the Coastal Wetlands District.
[Amended April 2011 ATM]
A.
Purpose of district. The purpose of this overlay district is to prevent
contamination of and preserve the quantity and quality of ground and
surface water which provides existing or potential water supply for
the Town's residents, institutions, and businesses.
B.
Scope of authority. This overlay district shall apply to all new
construction, reconstruction, or expansion of existing buildings and
new or expanded uses. Uses prohibited in the underlying zoning districts
shall be prohibited in the WRPD. When an additional special permit
and/or site plan approval is required for a proposed use within the
WRPD, the permit granting authority shall be the Planning Board.
[Amended 10-19-2020 STM by Art. 16]
C.
Establishment and delineation of the WRPD.
(1)
The WRPD includes the Zone II protection areas as shown on the Zoning Map of the Town of Marshfield, Massachusetts, as defined in § 305-3.03 of the Zoning Bylaw (Zoning Map). The WRPD is superimposed over any other district established by this bylaw. In cases of conflicting use regulations, the more restrictive zoning requirements shall apply.
(2)
The boundaries of this district may be modified upon acceptance
of approved Zone II conformance with wellhead protection requirements
of the Massachusetts Drinking Water Regulations, 310 CMR 22.21, and
through a Zoning Map amendment approved through Town Meeting.
D.
Split lots and determination of applicability.
(1)
Where the boundary line of the WRPD divides a lot or parcel,
the requirements established by this bylaw shall apply only to the
portion of the lot or parcel located within the WRPD. The boundary
shall be shown on a site plan as required by this bylaw or through
site plan review and shall be acceptable to the reviewing authority
in accordance with all applicable provisions from the Zoning Bylaw
and associated Planning Board rules and regulations.
(2)
The applicant shall demonstrate, through the use of site plans,
that development activity outside of the boundary shall not be connected
to land within the boundary through post-development grading, stormwater
infrastructure, wastewater infrastructure or other potential connections
that could lead to the contamination of groundwater within the WRPD.
Where development practices create a hydrologic connection across
the WRPD boundary, the applicant shall demonstrate that any water
moving into or away from the WRPD is accounted for in any of the required
pollutant loading calculations and meets all of the standards associated
with the WRPD. Where a special permit may be required, the Planning
Board may impose such conditions as are reasonably required to ensure
that these standards are met.
(3)
If an applicant questions the accuracy of Town's Zoning Map as referenced in Subsection C(1) above, the applicant may challenge the extent to which his/her property is subject to the WRPD provisions in advance of submitting an application for development to the Building Commissioner/Zoning Enforcement Officer, Board of Appeals, or the Planning Board. Said challenge shall be made through a request for a determination of applicability to the Building Commissioner/Zoning Enforcement Officer. A request for a determination of applicability shall be made in writing to the Building Commissioner/Zoning Enforcement Officer and shall include the following information at a minimum:
(a)
Site plan clearly depicting the parcel boundary and boundaries
of adjacent parcels and rights-of-way;
(b)
Survey benchmarks;
(c)
Stamp from a Massachusetts registered surveyor;
(d)
Name and address of property owner(s);
(e)
Property address and map and lot number from the most recent
Assessor's records;
(f)
Locations of surface water and wetland flags;
(g)
Location of WRPD boundary;
(h)
North arrow;
(i)
Scale (minimum of one inch equals 40 feet).
(4)
Upon receipt of a request for a determination of applicability,
the Building Commissioner/Zoning Enforcement Officer may make this
determination in consultation with the Town Engineer and any other
applicable agent of the Town of Marshfield.
(5)
The burden of proof shall be upon the applicant to determine
the extent to which the property is subject to the jurisdiction of
this bylaw. At the request of the applicant the Town may engage a
professional engineer or State of Massachusetts registered land surveyor
to determine more accurately the boundaries of the district with respect
to individual parcels of land and may charge the applicant for all
or part of the cost of the investigation.
(6)
The Building Commissioner/Zoning Enforcement Officer shall file
his/her written determination with the Planning Board and the Board
of Appeals. Any application for a determination of applicability and
associated materials shall not substitute for materials required as
part of site plan review, a building permit application, or any application
for a special permit. Any determination made by the Building Commissioner/Zoning
Enforcement Officer as part of a determination of applicability shall
be considered by other reviewing agencies in their deliberations of
separate applications but shall not constitute approval or denial
of said applications.
E.
Use regulations.
(1)
Exempt uses. The following specific uses of land shall be exempt from provisions associated with the WRPD. Where municipal services are exempted herein [Subsection E(1)(e), (f) and (g)], the Department of Public Works or Town Engineer shall provide notice to the Planning Board of these activities within 14 days of beginning work along with any available engineered plans.
(a)
Storage of liquid petroleum products of any kind incidental
to:
[1]
Normal household quantities as defined in Article II, Definitions, of the Zoning Bylaw and outdoor maintenance or the heating of a structure;
[2]
Waste oil retention facilities approved by the Board of Health
or required by MGL c. 21, § 52A; or
[3]
Emergency generators required by statute, rule or regulation;
(b)
Non-sanitary wastewater treatment facilities approved by the
DEP exclusively designed for the treatment of contaminated ground
or surface water and operating in compliance with 314 CMR 5.05(3)
or (13);
(c)
The replacement or repair of an existing non-sanitary wastewater
treatment facility that will not result in a design capacity greater
than the design capacity of the existing non-sanitary wastewater treatment
facility;
(d)
The installation of new wells, the laying of waterlines, and
repair and replacement of pipe and appurtenances;
(e)
Drainage repair, replacement, and expansion of existing drainage
structures and pipe. All drainage repair, replacement, and expansion
shall follow DEP stormwater management best management practices as
applicable;
(f)
Minor road repair and overlay including total reconstruction
or expansion;
(g)
Street improvements pursuant to the Planning Board's street
improvement policy; and
(h)
The laying of sewer line and repair, replacement or expansion
of existing structures and pipe.
(2)
Prohibited uses. In addition to any prohibitions found in § 305-5.04, Table of Use Regulations, the following specific uses of land shall be prohibited within the WRPD:
(a)
Petroleum, fuel oil, and heating oil bulk stations and terminals,
not including liquefied petroleum gas.
(b)
Facilities that generate, treat, store or dispose of hazardous
waste that are subject to MGL c. 21C and 310 CMR 30.00, except for
the following:
[1]
Very small quantity generators as defined under
310 CMR 30.000;
[2]
Household hazardous waste centers and events under
310 CMR 30.390;
[3]
Waste oil retention facilities required by MGL
c. 21, § 52A;
[4]
Non-sanitary wastewater treatment facilities approved
by DEP for the treatment of contaminated waters.
(c)
Storage of sodium chloride, calcium chloride, chemically treated
abrasives or other chemicals used for the removal of snow or ice on
roads.
(d)
Stockpiling and disposal of snow or ice containing sodium chloride,
calcium chloride, chemically treated abrasives or other chemicals
used for the removal of snow or ice on roads which has been removed
from highways and streets located outside of the WRPD.
(e)
Landfills and/or open dumps as defined in 310 CMR 19.006.
(f)
Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1.
(g)
Landfills receiving only wastewater and/or septage residuals
including those approved by the DEP pursuant to MGL c. 21, §§ 26
through 53, MGL c. 111, § 17, MGL c. 83, §§ 6
and 7, and regulations promulgated thereunder.
(h)
Animal feedlots exceeding 10 animals per acre, except as may
be protected under MGL c. 40A, § 3.
(i)
Any new development or expansion of existing development that will result in more than 30% of a site becoming impervious within a residential district or more than 60% of a site within a commercial or industrial district becoming impervious unless specifically exempted under Subsection E(1), Exempt uses.
(3)
By-right uses. The following uses are allowed by right within the WRPD provided all necessary permits, orders, or approvals required by local, state or federal laws are obtained and subject to Subsection E(2), Prohibited uses, and Subsection E(4), Special permit uses, of this bylaw:
(a)
Conservation of soil, water, plants, and wildlife;
(b)
Outdoor recreation, nature study, boating, fishing, and hunting
where otherwise legally permitted;
(c)
Foot, bicycle and/or horse paths and bridges;
(d)
Normal operation and maintenance of existing water bodies and
dams, splash boards, and other water control, supply and conservation
devices;
(e)
Maintenance, repair, and enlargement of any existing structure;
(f)
Single-family residential development;
(g)
Farming, gardening, nursery, conservation, forestry, harvesting,
and grazing;
(h)
Construction, maintenance, repair, and enlargement of drinking
water supply related facilities such as, but not limited to, wells,
pipelines, treatment plants, aqueducts, and tunnels; and
(4)
Special permit uses. In addition to § 305-5.04, Table of Use Regulations, the following uses shall require a special permit from the Planning Board, as the special permit granting authority (SPGA):
(a)
Enlargement or alteration of existing uses that do not conform
to the WRPD.
(b)
Activities that involve toxic or hazardous materials in quantities greater than those associated with normal household quantities except as may be prohibited under Subsection E(2), Prohibited uses.
(c)
Any increase in size or new on-site septic system or sanitary
wastewater treatment plant with an individual or combined flow of
2,000 gallons per day or greater.
(5)
Reoccupation and special permits.
(a)
Existing residential, commercial, industrial, and/or community
facilities where a change in use is proposed may not require a special
permit provided that a WRPD reoccupation certificate signed by the
Building Commissioner/Zoning Enforcement Officer indicates that a
special permit is not required pursuant to the Planning Board rules
and regulations associated with this bylaw.[1]
(b)
Eligibility for a WRPD reoccupation certificate is contingent
upon following conditions:
F.
Performance and design standards for all activities. Where applicable,
the following performance and design standards shall apply to any
activity that may be allowed by right or through a special permit
in the WRPD:
(1)
Construction activities. Erosion and sediment control measures
shall be taken to ensure that exposed earth and debris are not displaced
by stormwater runoff or other conditions in accordance with the requirements
for site plan review or the rules and regulations associated with
a WRPD special permit.
(2)
Safeguards. Provision shall be made to adequately protect against
toxic or hazardous materials discharge or loss through corrosion,
accidental damage, spillage, or vandalism. Such measures may include
provision for spill control in the vicinity of chemical or fuel delivery
points, secure storage areas for toxic or hazardous materials, and
indoor storage provisions for corrodible or dissolvable materials.
Any proposed indoor or outdoor storage of liquid petroleum products
shall be in covered and secure container(s) in an area that has a
containment system. Said containment system shall be designed and
operated to hold the larger of the following two volumes:
(3)
Pesticides, fertilizer and manure. Storage of pesticides, as
defined in MGL c. 132B, of commercial fertilizers and soil conditioners,
as defined in MGL c. 128, § 64, and animal manure shall
only be permitted within a structure with an impermeable cover and
liner designed to prevent the generation of contaminated runoff or
leachate.
(4)
Disposal. No disposal of hazardous wastes within WRPD shall
occur. All provisions of MGL c. 21C (the Massachusetts Hazardous Waste
Management Act) shall be adequately satisfied.
(5)
Fill. Fill material used in the WRPD shall contain no solid
waste, toxic or hazardous materials, or hazardous waste. Adequate
documentation shall be provided to ensure proper condition of the
fill. Where a special permit is required, the SPGA may require soils
testing by a certified laboratory at the applicant's expense as part
of the application process or during construction.
(6)
Separation from groundwater. Permanent removal or regrading
of the existing soil cover shall be prohibited where these activities
shall result in a finished grade elevation less than five feet above
the historical high groundwater level.
(a)
Excavations for building foundations, roads or utility work
or the installation of stormwater BMPs shall be exempt from this requirement.
(b)
The high groundwater elevation may be determined by:
[1]
Soil color using the Munsell system, the abundance,
size and contrast of redoximorphic features, if present;
[2]
Observation of actual water table during times
of annual high water table; or
[3]
Use of USGS wells for correlating comparisons in
water tables during times when the water table is not at the annual
high range.
(c)
Groundwater elevations depicted on plans shall be stamped by
a Massachusetts registered professional engineer.
(d)
Where these requirements would severely limit the development
potential of a particular parcel, an applicant may propose permanent
removal or regrading of the existing soil cover to a finished grade
which is less than five feet above the historical high groundwater
elevation through a full WRPD special permit application.
(7)
Wastewater. Wastewater flow in the WRPD shall not exceed 440
gallons per 40,000 square feet for the use of conventional on-site
wastewater disposal. This flow may increase to 550 gallons per 40,000
square feet through the use of a DEP-approved innovative and alternative
septic system provided the Board of Health also approves the use of
the system.
(8)
Stormwater management. Stormwater runoff from impervious surfaces
shall be recharged on site in accordance with the standards and guidelines
included in the latest version of the Massachusetts Stormwater Management
Standards unless in conducting application review it is determined
that recharge either is unfeasible because of site conditions or is
undesirable because of uncontrollable risks to water quality from
such recharge.
G.
Performance and design standards for special permit applications. In addition to those performance and design standards in listed in Subsection F, the following performance and design standards shall apply to any activity that may be allowed through a special permit in the WRPD as applicable:
(1)
Nitrogen loading. All applicants required to obtain a special permit in accordance with § 305-5.04, Table of Use Regulations, and Subsection E(4), Special permit uses, and all applicants for any permit for any use or structure to be located on land which is within the WRPD and which is shown on a definitive subdivision plan, filed on or after April 22, 1996, shall demonstrate by written report to the satisfaction of the Planning Board that the concentration of nitrate-nitrogen resulting from wastewater disposal, animal waste, runoff and fertilizer application, when diluted by rainwater recharge on the lot or subject property as a whole, shall not exceed five milligrams per liter (mg/l). Nitrogen loading, for the purpose of this requirement, shall be calculated in accordance with the Planning Board rules and regulations adopted pursuant to Subsection H, Administrative procedures.
(2)
Emergency response plan (ERP). For industrial and commercial
uses, an emergency response plan to prevent contamination of soil
or water in the event of accidental spills or the release of toxic
or hazardous materials shall be submitted to the SPGA, if deemed necessary,
for approval prior to granting of a special permit. Recommendations
from the Fire Department on said plan shall be sought. At a minimum,
the ERP shall include:
(a)
A clear outline of communication protocol among facility personnel
and emergency response agencies;
(b)
Twenty-four-hour contact information for a designated emergency
response coordinator (typically the owner or facility manager), who
can respond to the site within one hour of notification; multiple
emergency response coordinators are recommended;
(c)
Twenty-four-hour emergency contact information for local Police
Department, Fire Department, and Board of Health;
(d)
Twenty-four-hour emergency contact information for notification
of the Massachusetts Department of Environmental Protection;
(e)
Twenty-four-hour emergency contact information for the facility's
designated hazardous waste transporter, if the facility is a licensed
hazardous waste or regulated waste generator;
(f)
A list of the hazardous products or hazardous wastes present
at the facility, including volume and location of any aboveground
or underground storage containers;
(g)
Inventory of all cleanup supplies; and
(h)
A facility map showing hazardous waste accumulation areas, aboveground
or underground storage containers, sinks and drains, emergency exits,
fire extinguisher locations, and locations of spill cleanup supplies.
The facility map shall be posted in the building and shall include
emergency contact numbers.
(3)
Monitoring. Periodic monitoring shall be required when the site
location and land use activities in the area indicate a significant
risk of contamination to the water supply as determined by the SPGA
based upon recommendations of the Department of Public Works, Board
of Health, and Conservation Commission. Such monitoring may include
analysis of water for chemical constituents determined by the SPGA
to be appropriate and the installation of groundwater monitoring wells
constructed and located by a registered professional engineer with
expertise in hydrology, or by directly testing effluent. All testing
and engineering costs will be borne by the applicant for special permit
or owner of the property.
(4)
Wastewater flows that exceed 2,000 gallons per day (gpd). For those uses that require a special permit pursuant to Subsection E(4)(d), applicants shall meet one of the following standards using the procedures outlined in the Planning Board's regulations:
(a)
Where a previously developed site is being redeveloped, applicants
shall demonstrate that there is no net increase in the concentration
of nitrogen when nitrogen loading analyses are performed for both
the previous and proposed use; or
(b)
For new development that cannot meet the five mg/l on-site standard for average nitrogen concentration or where the standard under Subsection G(4)(a) cannot be achieved for redevelopment, an aggregation of flows analysis shall be provided pursuant to the WRPD rules and regulations demonstrating the use of credit land will result in compliance with the five mg/l standard.
H.
Administrative procedures. The Planning Board, as the SPGA, shall
adopt rules and regulations relative to its role in governing activities
within the WRPD, which may be amended from time to time and filed
with the Town Clerk.[2] Where a special permit application is being considered,
the Board shall follow the procedural requirements for special permits
as set forth in MGL c. 40A, § 9.
[Added April 2006 ATM; amended 4-27-2015 ATM by Art. 17]
A.
Purpose. The purpose of the Stormwater Management Overlay District
is to protect, maintain and enhance the public health, safety, environment,
and general welfare by establishing minimum requirements and procedures
to control the adverse effects of increased post-development stormwater
runoff and nonpoint source pollution associated with new development
and redevelopment. These objectives will be met by regulating new
construction, construction of impervious surfaces, the removal of
natural vegetation, especially large trees, and the excavation and
alteration of land, in order to minimize erosion, sedimentation, flooding,
water pollution, and other adverse impacts of development within the
overlay district or any adjacent low lying areas.
B.
Scope of authority. The Stormwater Management Overlay District is
established as an overlay district and shall be superimposed on other
zoning districts established by this bylaw. All regulations of the
Marshfield Zoning Bylaw applicable to the underlying districts shall
remain in effect, except that where the Stormwater Management Overlay
District imposes additional regulations, such regulations shall prevail.
C.
District boundaries. The boundaries of the Stormwater Management
Overlay District are delineated on the Official Zoning Map.
D.
Applicability. The following types of development within the Stormwater
Management Overlay District are subject to review by the Building
Commissioner/Zoning Enforcement Officer. Notwithstanding other provisions
of this bylaw, no land development within the Stormwater Management
Overlay District shall be permitted and no building permit shall be
issued until the provisions of the Stormwater Management Overlay District
regulations have been met. Development activities subject to the Stormwater
Management Overlay District design standards include the following:
(1)
The construction of a new dwelling or principal structure.
(2)
Any substantial alteration or addition to any dwelling or other
structure, if such action enlarges the footprint of the structure
by more than 200 square feet.
(3)
The removal, filling, excavation or alteration of earthen materials
if such alteration changes preexisting topography and drainage characteristics
of the property in a manner that may adversely impact abutting property
owners.
(4)
The removal or destruction of more than five mature trees having
a diameter of six inches or greater, measured four feet from the ground
surface. This limitation on cutting of mature trees does not apply
to trees that are to be removed for construction of a street, dwelling,
driveway, walkway, septic disposal system, or a retaining wall. Other
trees may be removed if in the opinion of the Tree Warden the trees
are dead, dying or are diseased trees that represent a safety hazard
to public health or property.
(5)
Any activity that increases the impervious coverage on any lot
that causes additional volumes of runoff to discharge on abutting
properties that may cause flooding and adversely impact abutting property
owners.
E.
Development performance standards. All new construction, substantial alterations, excavation, filling, grading or tree cutting described above in Subsection D shall comply with the following development standards:
(1)
For lots ranging in size from 5,000 to 7,499 square feet, the
following development limitations shall apply:
(2)
For lots ranging in size from 7,500 to 9,999 square feet, the
following development limitations shall apply:
(3)
For lots ranging in size from 10,000 square feet to 19,999 square
feet in area the following development limitations shall apply:
(4)
In the Stormwater Management Overlay District, the removal of
native vegetation, especially large trees having a diameter of six
inches or greater, measured four feet from the ground surface, shall
be minimized. Trees may only be removed for construction of streets,
structures, driveways, retaining walls, walkways, utilities and septic
systems. Selective clearing of not more than five trees for lawns
shall be designated on the site plan.
(5)
To the maximum extent feasible, post-development runoff shall
not exceed pre-development runoff. All roof runoff shall be retained
and recharged on site in dry wells or infiltration basins covered
by natural vegetation which shall be designed to accommodate a one-inch
rainfall within a twenty-four-hour period.
(6)
Sediment and erosion control measures as required by the Building
Commissioner/Zoning Enforcement Officer or designee shall be employed
to minimize the impacts during and after construction.
F.
Permit procedures and requirements. Any activity listed above in Subsection D requires copies of plans to be submitted to the Planning Board, Conservation Commission, Department of Public Works, and Board of Health for review and recommendations. Said boards shall have 21 days to provide comments to the Building Commissioner/Zoning Enforcement Officer. If no comments are received within the 21 days, the Building Commissioner/Zoning Enforcement Officer may proceed with the issuance of the building permit.
[Added 5-5-2014 ATM by
Art. 17; amended 10-18-2021 STM by Art. 22]
A.
Purpose. The purpose of the Brant Rock Village Overlay (BRVO) District
is to protect and enhance the public health, safety, environment and
general welfare by establishing minimum requirements for new development
and redevelopment of existing properties and uses located in the BRVO
District. New development and redevelopment within the BRVO District
are intended to reduce the impacts from actual and projected coastal
flooding. The Village of Brant Rock has a historical development pattern
that contains both commercial and residential uses within a single
building and other geographical areas which are substantially residential.
The BRVO will authorize certain mixed uses within a single building
provided such buildings can be designed and constructed in a manner
that preserves and respects the historic New England architecture
of the Brant Rock Village and reduces damage caused by chronic flooding
that is prevalent in the BRVO District.
B.
Scope of authority. The Brant Rock Village Overlay District (BRVO)
is hereby established as an overlay district and shall be superimposed
over the existing Business Waterfront (B-4) Zoning District. All regulations
of the Marshfield Zoning Bylaw applicable to the underlying districts
shall remain in effect, except that where the Brant Rock Village Overlay
District allows for mixed-use buildings, these regulations shall prevail.
C.
District boundaries. The boundaries of the Brant Rock Village Overlay
District are delineated on the Official Zoning Map. The overlay district
boundaries shall follow the boundaries of the existing Business Waterfront
(B-4) Zoning District in the Brant Rock Village area.
D.
Applicability. BRVO provides a development alternative for property
owners within the overlay district if they are floodproofing a structure
at or above the Federal Emergency Management Agency (FEMA) Flood Insurance
Rate Map (FIRM) 100-year storm event established base flood elevation
(BFE).
(1)
Any new building construction, reconstruction or additions to
structures within the BRVO that include floodproofing at or above
the BFE have the option to build a mixed-use building with commercial
uses and access, storage and parking for the residential uses above
are allowed on the first floor. Mixed-use buildings would be designed
to have a minimum of 40% of the first floor to be commercial use.
The residential uses are allowed on the second floor and third floors.
Mixed-use buildings shall be subject to the following BRVO regulations.
F.
Design requirements.
(1)
Floodproofing. All of the building shall be elevated above the
FEMA FIRM base flood elevation (BFE). Providing a BFE higher than
the minimum required by FEMA, to plan for projected sea level rise,
is encouraged. Moisture- and rot-resistant breakaway panels shall
be provided to screen the building's pilings or piers in the
area between the natural ground elevation and the first floor. These
breakaway elements should be consistent with the rest of the building's
design elements.
(2)
Outside boardwalk, walkway, porch, or deck. All new mixed-use
buildings shall provide an outdoor boardwalk, farmer's porch
or similar structure, elevated above the BFE, set back from the street
or sidewalk. The boardwalk or porch on the first floor shall be a
minimum of 10 feet wide measured from the inside edge of the top of
the stairs to the outermost wall of the commercial first floor building
and exclusive of seating areas. Wherever possible the public access
feature should be connected to adjacent buildings.
G.
Intensity and dimensional regulations. All new buildings, redeveloped
buildings, or additions for proposed mixed use shall comply with the
following intensity and dimensional regulations:
(1)
Setbacks.
(a)
Front. A ten-foot setback is required. No setback from the front
property line is required for stairs or ramps leading above the BFE
or any boardwalk or porch located above the BFE.
(b)
Side. No side line setbacks are required for buildings providing
the ability to have a continuous boardwalk to abutting buildings.
Adjoining property owners are encouraged to connect boardwalks and
porches to create a continuous elevated pedestrian walkway within
the BRVO. For buildings that do not provide the ability to connect
to abutting buildings, a five-foot setback is required. Driveways
are allowed within the setback.
(c)
Rear. A fifteen-foot building setback is required. Parking spaces
and maneuvering lanes are allowed within the setback.
(2)
Density. Residential dwelling units on the second and third
story are allowed by special permit at a density of up to three dwelling
units per 10,000 square feet of underlying land area.
(3)
Lot size. The minimum lot size for a mixed-use building is 10,000
square feet.
(4)
Building height. The maximum building height for a mixed use
building under the special permit process is three stories/35 feet
measured above the FEMA FIRM base flood elevation plus one foot.
H.
Architecture. New buildings, additions and reconstruction where mixed
uses are proposed shall be designed to incorporate A six-foot step-back
of the third floor from the lower two floors on the front and rear
of the building(s) shall be provided to reduce the visual height appearance.
I.
Mixed use.
(1)
Buildings shall be designed to reflect the traditional New England
coastal village architecture found within the region. The mass, proportion,
and scale of the building, roof shape, roof pitch, proportions and
relationships between doors and windows should be harmonious among
themselves.
(2)
Architectural details of new construction and proposed reconstruction
as well as any additions to existing buildings should be harmonious
with the building's overall architectural style and should preserve
and enhance the historic character of Marshfield.
(3)
Wherever possible, the building's location shall be oriented
parallel to Ocean Street and Dyke Road, unless there is a compelling
reason to do otherwise that will enhance the proposed project. Building
facades in excess of 40 feet wide shall incorporate recesses and projections,
of a minimum of two feet in depth, to break up the building's
mass. The building roofline should include variations in pitch and
height and include dormers, turrets and decks. All building materials
shall be moisture and rot resistant in consideration of the coastal
weather conditions.
J.
Landscaping. Landscape plantings shall be comprised of native plant
species that have adapted to coastal site conditions such as wind,
salt spray, flooding and burial. Plantings that provide a variation
of seasonal colors are encouraged in elevated planters at both the
boardwalk and sidewalk levels.
K.
Parking. In the BRVO 1.25 parking space for each bedroom in all residential
units is required. Residential parking should be separate from commercial
parking areas and should be sited to the sides or rear of the building.
Commercial and residential parking shall be provided on-site. It is
required that residential parking be located above the base flood
elevation.
M.
Accessibility. All commercial units and boardwalks shall comply with
the requirements of the Americans with Disabilities Act (ADA) and
the State Architectural Access Board.
O.
Review and decision. The Planning Board shall act on applications
according to the time and public hearing requirements specified in
MGL C.40A §§ 9 and 11. The Planning Board shall adopt
and from time to time amend rules relative to the issuance of such
permit, or take any other action relative thereto.
[Amended 10-19-2009 STM
by Art. 11; 10-27-2014 STM by
Art. 18; 4-24-2017 ATM by Art.
12; 10-18-2021 STM by Art. 14; 10-18-2021 STM by Art. 16]
This section of the Zoning Bylaw is to allow a planned mixed-use
development (PMUD) overlay district within a portion of the Industrial
District as shown on the Zoning Map.
A.
Purpose: The purpose of this planned mixed-use development section
is as follows:
(1)
To provide an opportunity to comprehensively plan large tracts
of land in a pedestrian friendly, campus-like setting, around a public
green.
(2)
To ensure high quality site planning, architecture and landscape
design to create a distinct visual character and identity for the
development that provides the town with a mixed-use environment with
convenience and amenities.
(3)
To ensure any potential traffic impacts of the planned mixed-use
development are properly mitigated and in keeping with the character
of the Town of Marshfield.
(4)
To generate positive tax revenue, while providing the opportunity
for new business growth and additional local jobs.
B.
Process: The applicant files a special permit application with the
Planning Board serving as the special permit granting authority (SPGA),
for an element within the Planned Mixed-Used District. A new element
is a tract in single or consolidated ownership at the time of application
and shall be a minimum of seven acres in size and contain at least
150 feet of frontage. An element can be planned for and developed
in phases. Completion or modification of approved elements shall not
require the minimum tract size. Each element shall contain or provide
for the overall road network, roadway drainage, a public green, park,
and/or playground, bike and pedestrian ways, lots and proposed uses.
A proposed element may, with the written approval of the Planning
Board based on an express finding that off-site public improvements
are in the public interest, provide financial support to off-site
public improvements in lieu of on-site improvements as part of the
application. When site plan approval is required for the proposed
uses in the PMUD, the site plan approval authority shall be the Planning
Board.
C.
Applicability and uses: In addition to the uses allowed in the I-1 Zone that are not specifically prohibited in the PMUD, the following uses may be allowed by special permit: retail and service; eating and drinking places; banks; membership club; hotel; educational campus; medical facility or offices, general offices; research facilities; other amusement/recreation service; mixed-use buildings with commercial on first floor and residential units above with a base density of six units per acre (subject to affordability requirements under Subsection F below); age-restricted adult village residential units with a base density of three units per acre (subject to affordability requirements under Subsection F below); affordable village at a density of three units per acre (subject to affordability requirements under Subsection F below); attached nursing, rest or convalescent home not to exceed 24 beds per acre.
D.
Required performance standards:
(1)
Uses shall be grouped together to maximize pedestrian access
by connecting sidewalks and pathways. Buildings, when abutting a public
green, shall be oriented around a public green and not Route 139 (Plain
Street).
(2)
Access to Route 139 (Plain Street) from within the PMUD shall
be through a secondary street as defined in the Planning Board Subdivision
Rules and Regulations at a signalized intersection.
(3)
Residential units (including affordable village, age restricted
and residential above commercial) shall not exceed a total of 65 units
in the PMUD. Residential units permitted through a Chapter 40B process
shall not count towards this cap.
(4)
The base number of dwelling units for "residential above and age restricted adult village proposals" in the PMUD shall be determined by the following formula: Total area of land subject to the application minus (-) wetlands/water-bodies multiplied (*) by applicable base density add (+) affordable housing and density bonus (see Subsection F) equals (=) total number of dwelling units.
(5)
Mixed-use residential units within the PMUD shall provide a
minimum of 1.25 parking spaces for each bedroom. Age restriction adult
village/attached and affordable village/attached residential units
within the PMUD shall provide a minimum of two parking spaces per
unit. Enclosed or covered parking may be allowed as an accessory use
in the rear of the first floor of a mixed-use building.
(6)
The majority of the parking shall be located to the rear or
sides of commercial buildings. All parking and loading areas shall
be completely screened from Route 139 (Plain Street) by a minimum
fifty-foot-wide raised and landscaped buffer. Parking lots and loading
areas shall be appropriately screened from roadways within the overlay
district by a minimum twenty-foot-wide raised and landscaped buffer.
Appropriately designed view corridors of commercial buildings from
the roadways within the overlay district shall be allowed.
(7)
Reduction in parking space requirements may be permitted by
written request in the application as part of the granting of the
special permit where by design and use it is shown to the Planning
Board's satisfaction that the parking is compatibly shared by
multiple uses. However, in no case shall a parking requirement reduction
exceed 20% of those parking spaces required under normal application
of requirements for the nonresidential uses proposed.
(8)
Individual retail establishments shall be limited to a maximum
gross floor area of 55,000 square feet. An individual retail establishment
may be increased to 65,000 square feet where the Planning Board finds
that individual sections of the retail establishment front a public
green with access and windows or where the additional space is used
as small retail uses lining the wall facing the public green of the
large retail establishment.
(9)
All elements that create mixed-use residential or attached (age restricted adult village and affordable village) residential units are required to provide affordable housing in compliance with Subsection F. All affordable housing created by this Bylaw shall be Local Initiative Program (LIP) dwelling units in compliance with the requirements of the Massachusetts Department of Housing and Community Development (DHCD) LIP Program. Affordable housing units will count toward the Town's Subsidized Housing Inventory, in accordance with M.G.L. Ch. 40B.
(10)
The maximum density in an affordable village shall be three
units per acre. Affordable village developments shall provide 20%
of the total number of units as affordable under DHCD guidelines.
The breakdown of the affordable units provided in an affordable village
shall be as follows: 5% of the units offered at 80% of the median
income; 10% of the units offered at 75% of the median income; 5% of
the units offered at 70% of the median income.
(11)
In a mixed-use residential above or age restricted adult village
residential development which occurs as a result of this Bylaw shall
meet the affordable housing requirements and shall be entitled to
a density bonus as follows: The number of affordable units and density
bonus units shall equal the number of base density units multiplied
by 25% and rounded up to the next even number divided by two. [Example:
A base density of nine units will result in nine base density units
plus four units (.25 x nine units = 2.25 units rounded up to four
units, two affordable units and two density bonus units) or 13 units
in total. A base density of 31 units will result in 31 base density
units plus eight units (.25 x 31 units = 7.5 units rounded up to eight
units, four affordable units and four density bonus units) or 39 total
units].
(12)
The development site design shall be integrated into the existing
terrain and surrounding landscape to provide the least amount of site
disturbance, and shall be designed, including with appropriate noise,
light and open space buffering and screening to protect abutting properties,
neighborhood and community amenities. Building sites shall, to the
extent deemed feasible by the Planning Board;
(13)
All elements of the PMUD shall provide for access on roads and
driveways that in the opinion of the Planning Board have sufficient
width, suitable grades, and adequate construction to provide for the
needs of vehicular traffic generated by the proposed development.
The development shall maximize the convenience and safety of vehicular,
bike and pedestrian movement within the site and in relation to adjacent
ways through proper layout, location and design.
(14)
All dead end roads and driveways shall terminate in a cul-de-sac
or provide if approved by the Planning Board as part of the special
permit, other accommodations for vehicles to reverse direction when
it is deemed in the public interest to do so. Turn around areas shall
be designed to accommodate the largest emergency vehicles of the Town
of Marshfield. Dead end streets and connecting driveways shall not
exceed 800 feet in length, measured from the intersection of the road
that provides access.
(15)
The mass, proportion and scale of the building, roof shape,
roof pitch, and proportions and relationships between doors and windows
should be harmonious among themselves. Plans shall provide information
and elevations to show massing of buildings, height and spacing between
buildings. Plans shall provide a table with properties, entity, use,
area (in acres) and area (in percentage) for both the proposed element
and total for the overlay district.
(16)
Architectural details, including elevation plans of all sides,
shall be submitted of new buildings and additions, and textures of
walls and roof materials, should be harmonious with the building's
overall architectural style and should preserve and enhance the historic
character of Marshfield.
(17)
Commercial and mixed use building location shall be oriented
parallel or perpendicular to the public green(s) and/or street. Where
the minimum setback cannot be maintained, the applicant shall provide
adequate spatial definitions through the use of walls, fences and/or
other elements, which will maintain the street line.
(18)
The main entrance to commercial and mixed use buildings may
be placed to the side of the front facade to facilitate access to
parking.
(19)
Mixed-use and residential building facades in excess of 40 feet
shall incorporate recesses and projections, of a minimum of two feet
in depth or otherwise be designed, to break up the building's
mass and scale.
(20)
A minimum of 40% of a commercial or mixed use building that
faces a public green(s) and/or street side facade shall contain windows,
excluding the facade facing Route 139 (Plain Street) where the landscaped
buffer is determined by the Planning Board to be adequate. The windows
should be divided by muntins and framed with a casing trim; awnings
should be designed as an integral part of the building facade; metal
awnings are discouraged.
(21)
All utility connections to buildings and structures shall be
located underground.
(22)
All building rooftop utilities such as air conditioners shall
be appropriately screened from public view and from the view of abutting
properties.
(23)
All ground mounted utilities such as transformers, switching
units, and ventilation pipes shall be appropriately screened from
view.
(24)
All loading docks and service entrances where equipment, furniture,
goods and materials are loaded into buildings shall be appropriately
screened from view.
(25)
All dumpsters and other waste refuse containers shall be covered
and appropriately fenced and screened from view. Collection times
for dumpsters and other waste refuse containers located in the Mixed-use
and residential parcels of the PMUD overlay district shall be scheduled
for normal daytime (7:00 a.m. to 5:00 p.m.) residential collection
hours.
(27)
The large retail establishment shall either provide an entrance
to the public green or it should be designed so that the facade facing
the public green is lined with accessory shops or uses to enhance
pedestrian activities.
(28)
A public green, playground, recreation field or other recreational
amenities (trails/paths/bikeways) shall be required for each element
of development within the PMUD. The public green(s) shall be a minimum
of 1/2 acre in size per every seven acres within an element and shall
be designed as a bike and pedestrian friendly park. The public green(s)
shall contain some combination of benches, tables, playground equipment,
sidewalks, lighting and landscaping. Each green shall be used solely
for active and passive recreation purposes and shall be open to the
public. The total acreage of the green in each element may be used
toward the land area calculations to determine allowable density within
that element. The Planning Board may allow for an off-site location
for the public green, playground, recreation field or other recreational
improvement if determined to be in the best interest of Town. The
public green, playground, recreation field or other recreational improvement
requirement may (with Planning Board's approval) be met by adding
to an existing public green, playground or recreation field or facility.
(29)
Setbacks for commercial or mixed use buildings within the overlay
district shall be as follows:
|
Minimum Yards
| |
|---|---|
|
Building setbacks
|
Minimum
(feet)
|
|
Public green (where applicable)
|
5
|
|
Front
|
20
|
|
Front (mixed-use)
|
5
|
|
Side
|
10
|
|
Rear
|
30
|
(30)
Front setbacks for commercial and mixed use buildings facing
the public green(s) may vary. All other standards for I-1 zoning districts
contained in the Table of Dimensional and Density Regulations shall
apply.
(31)
Landscaped or existing buffered setbacks for affordable village
and ARAV developments within the PMUD overly district shall be as
follows:
|
Affordable Village and AVAR Setbacks
| |
|---|---|
|
Buffered Setback
|
Minimum
(Feet)
|
|
Front (Commerce Way)
|
30
|
|
Side
|
20
|
|
Rear
|
30
|
|
Setbacks for Individual Buildings
| |
|
From the interior way
|
20
|
|
From adjacent buildings
|
30
|
The purpose of the buffers are to provide a visual screen
for the residents from other buildings within the development, as
well as surrounding properties and roadways. An additional benefit
is to lessen the visual impact of the higher density to the nearby
single family homes. While it is preferred to use existing vegetation
wherever possible planting and fencing may be used or added to gain
the maximum amount of screen possible.
(32)
The affordable village shall include the following lots on the
southern side of Commerce Way: E09-01-13, E09-01-14, E09-01-55, E09-01-56,
E09-01-57, E09-01-58, E09-01-59, E09-01-60 and E09-01-61.
(33)
The design of the affordable village shall have a lower density
of townhomes to the eastern side (Duplex) increasing to triplex and
then fourplex as you head west. The attached duplex structures should
be designed to appear as a larger single-family home versus a straight
side by side attached building.
E.
Ownership of public green.
(1)
Subject to approval by the Planning Board, all areas designated
as public greens shall be either placed under a permanent conservation
restriction or deeded to the Town as a condition of special permit
and site plan approval. If placed under a conservation restriction,
said restriction shall be in a form approved by Town Counsel and enforceable
by the Town, conforming to the standards of the Massachusetts Executive
Office of Environmental Affairs, Division of Conservation Services,
that shall be recorded to ensure that such land shall be kept in an
open state. Such restriction shall be submitted to the Planning Board
prior to approval of the project and recorded at the Registry of Deeds/Land
Court with the issuance of the building permit.
(2)
Maintenance of public green: The Town shall be granted an easement
over such public green sufficient to ensure its perpetual maintenance
as recreation land. Such easement shall provide that in the event
the owner fails to maintain the public green in reasonable condition,
the Town may, after notice to the lot owners and public hearing, enter
upon such land to maintain it in order to prevent or abate a nuisance.
The cost of such maintenance by the Town shall be assessed against
the properties within the development and/or to the owner of the open
space. The Town may file a lien against the undeveloped lots within
the corresponding phase of the PMUD to ensure payment of such maintenance
expenses.
(3)
Monumentation: Where the boundaries of the public green are
not readily observable in the field, the Planning Board shall require
placement of permanent surveyed bounds sufficient to identify the
location of the public green.
F.
Affordable housing provisions.
(1)
The requirement for affordable units shall be met by one or
a combination of the following methods:
(a)
On-site development: Constructed or rehabilitated on the locus
subject to the special permit; [required in the affordable village,
preferred in residential above commercial and not counted by the state
for ARAV developments. In ARAV the applicant will need to provide
fee-in-lieu (see below)] or
(b)
Fees-in-lieu of construction: The applicant may offer, and the Planning Board, upon receiving a favorable recommendation from the Housing Partnership, may approve fees-in-lieu-of construction of affordable housing units as satisfying the requirements of Subsection D above. The applicant shall make the payment of the fee-in-lieu of construction to the Marshfield Housing Authority for the sole purpose of creating affordable housing units in the Town of Marshfield that meet the state's LIP and adds to the Town's subsidized housing inventory as determined by the Housing Partnership. Fees-in-lieu of construction are more fully addressed below.
The applicant may offer, and the Planning Board may accept,
a combination of the on-site and fees-in lieu of construction; provided
that in no event shall the total number of affordable units provided
on site and the number of affordable units for which a fee-in-lieu
of construction is paid be less than the equivalent number or value
of affordable units required for the applicable development by this
Bylaw. Note: If affordable units are for rent, the provisions below
fees-in-lieu of construction are not applicable.
(2)
Provisions of affordable housing units on-site:
(a)
Location of affordable units: All affordable units shall be
situated within and dispersed throughout the development so as not
to be in less desirable locations than market-rate units in the development
and shall, on average, be no less accessible to public amenities,
such as open space, than the market-rate units.
(b)
Minimum design and construction standards for affordable units:
Affordable housing units within market-rate developments shall be
integrated with the rest of the development and shall be identical
to the market-rate units in size, design, appearance, construction,
building systems such as HVAC, electrical and plumbing, and quality
and types of materials used in all interior space including bedrooms,
kitchen, bathrooms, living rooms, studies, hallways, closets, garages
and basements and provided with identical amenities and appliances
such as, but not limited to, decks, central vacuum cleaning systems,
stoves, refrigerators, compactors, disposals, dishwashers and landscape
fencing, walls and plantings unless otherwise approved in the special
permit by the Planning Board. No changes to these standards may be
made by the Planning Board without the approval of the Housing Partnership.
(c)
Marketing plan for affordable units: Applicants shall submit a marketing plan which describes the number of affordable housing units, their approximate sales price or rent level, the means for selecting buyers or tenants of the affordable units, how the applicant will accommodate local preference requirements and the method of affirmatively marketing the affordable units (including the marketing of such units) to minority households, in a manner that complies with the LIP guidelines. This requirement is further addressed in § 305-11.14I of this Bylaw.
(d)
The marketing plan shall be developed by the applicant with
the assistance of the lottery agent and submitted to the Housing Partnership.
The Housing Partnership shall review the marketing plan to determine
its appropriateness in addressing the affordable housing needs within
the community and its compliance with applicable federal and state
statutes and regulations, the LIP guidelines and this Bylaw. The Housing
Partnership may require modifications of the marketing plan or, if
it determines the plan to be satisfactory, may forward it to DHCD
with a favorable recommendation. Following the approval of the marketing
plan by DHCD, the Housing Partnership shall notify the Planning Board
and the lottery agent. The special permit and building permits may
be granted prior to receiving DHCD approval so as to facilitate the
construction of the development; however, occupancy permits, whether
for affordable or market-rate units, shall not be issued until such
time as the marketing plan has been approved by DHCD.
(e)
Applicants shall comply with the requirements of the lottery agent and certify their acceptance and willingness to comply with the lottery process or other requirements of the lottery agent for the selection of qualified housing buyers or renters for the affordable units. The lottery system and requirements are further addressed in § 305-11.14I of this Bylaw. Applicants may use a lottery agent from a list of DHCD approved lottery agents or may use the Marshfield Housing Authority as its lottery agent. The recommended lottery agent shall be approved by the Housing Partnership.
(3)
Provision for fees-in-lieu of construction of affordable housing
units.
(a)
Fees-in-lieu of construction of affordable housing units: With
the exception of an affordable village application an applicant may
propose to pay a fee-in-lieu of construction of affordable housing
units to the Marshfield Housing Authority. A fee-in-lieu of construction
shall be for the sole purpose of creating affordable housing in the
Town of Marshfield that meet the state's LIP and adds to the
Town's Subsidized Housing Inventory as determined by the Housing
Partnership. The fee-in-lieu of construction shall be held in trust
and in separate interest bearing accounts by the Marshfield Housing
Authority for such purpose.
(b)
For each affordable unit for which a fee-in-lieu of construction
is paid, the cash payment per unit shall be equal to 40% of the average
price being asked for the market rate units in the applicable development.
(c)
The fee-in-lieu of construction shall not result in an increase
in the total number of units contained in the application for the
special permit approved by the Planning Board.
(d)
The Marshfield Housing Authority shall submit to the Housing
Partnership annually and upon request, reports and other documentation
of the use of its financial accounting for the fees-in-lieu of construction.
(e)
The Marshfield Housing Authority shall hold all fees-in-lieu
of construction of affordable housing units paid to it and all investment
income and profit thereon received by it separately from all other
moneys of the Marshfield Housing Authority. It shall cause such fees,
income and profit to be audited at least once a year by an independent,
certified public accountant or independent firm of certified public
accountants experienced in auditing accounts of governmental entities
(which may be its regular auditor if such regular auditor meets the
foregoing criteria); such audit to be completed no later than the
general audit of the Marshfield Housing Authority's financial
statements for the applicable fiscal year. A copy of such audit shall
be promptly submitted to the Town Accountant, the Town Treasurer,
the Town Administrator, the Board of Selectmen, the Housing Partnership,
and the Planning Board. Such audit may be combined with the general
audit of the Marshfield Housing Authority as long as all matters relating
to such fees, income and profit are set forth separately from all
other accounts of the Marshfield Housing Authority.
(f)
Schedule of fees-in-lieu of payments: Fees-in-lieu of construction
payments shall be made prior to application for the first residential
occupancy permit of the element. The market price proposed at the
time of application shall be reviewed and adjusted if required at
the time of payment. The Planning Board will consult with the Housing
Coordinator prior to signing off on building permit.
G.
Criteria for review and approval.
(1)
The Planning Board shall review all applications for planned
mixed-use development to determine compliance of the proposal with
the following criteria:
(a)
Section A, purpose;
(b)
Section D, required performance standards;
(c)
That the proposed element provides the proper fiscal balance
for the Town, ensuring that additional non-residential growth (within
the PMUD) occurs prior to or at the same time as additional residential
development;
(d)
That any proposed residential units provide the Town with the
type of affordable housing as called for in the housing production
plan.
(e)
That the projected traffic increase of the proposed uses to
the local road(s) and Route 139 is within the capacity of the existing
road network, or that the applicant's proposed traffic mitigation
measures will adequately address actual and proposed traffic impacts
from the proposed element and all other projected development in accordance
with standard traffic impact assessment practices and traffic flow.
(f)
That the proposed streets have been aligned to provide vehicular
access to lots and/or buildings in a reasonable and economical manner.
Lots, buildings, parks, playgrounds and streets have been located
to avoid or minimize adverse impacts on wetlands and water-bodies;
(g)
That the proposed development improves pedestrian and bicycle
access and safety;
(h)
That suitable public green(s) and or facilities have been provided;
(i)
Acceptability of building and site design;
(j)
That the proposal conforms with the goals of the Marshfield
Master Plan and Housing Production Plan as amended.
(2)
The Board's findings, including the basis of such findings,
shall be stated in the written decision of approval, conditional approval
or denial of the special permit. The Board shall impose conditions
in its decision as needed to ensure compliance with the Bylaw.
H.
Severability. If any provision or provisions of this Bylaw is or
are declared unconstitutional or inoperative by a final judgment,
order or decree of the Supreme Judicial Court of the Commonwealth,
the remaining parts of said chapter shall not be affected thereby.
I.
Exemption. The Marshfield Planning Board shall have the right to
waive strict compliance with the provisions of this Bylaw for nonprofit
recreational uses proposed on any municipally owned land within the
PMUD, or take any other action relative thereto.
