[Added 11-13-2007 by
Art. 4]
In addition to the requirements and procedures set forth in § 300-12.4, applications for special permits in the Village Business (VB) District shall be subject to the additional required performance standards included in this Article 18.
A.
In addition to other findings of compliance as required pursuant to this bylaw, a special permit shall not be granted by the special permit granting authority unless and until the special permit granting authority has issued written findings certifying compliance with the performance standards of this Article 18, as follows:
(1)
The maximum allowable floor area ratio shall be 1.3; provided,
however, that the maximum allowable floor area ratio may be increased
to 2.0 by the special permit granting authority provided that any
such increase in floor area ratio shall not entitle the applicant
to relief from other dimensional requirements of this bylaw unless
such relief is otherwise and separately granted by variance, and only
upon one or more of the following specific findings:
(a)
A floor area ratio greater than 1.3 will result from permitted additions or expansions to buildings in existence as of the date of adoption of this Article 18.
(b)
The approved use with a floor area ratio greater than 1.3 will
provide a public benefit in addition to those necessary to meet all
the other requirements of this bylaw such as: construction of off-site
infrastructure serving a public purpose, such as parking and sidewalks;
construction of low- or moderate-income dwelling units; construction
of a building that will produce emissions that are at least 50% less
than required to comply with the Massachusetts State Building Code
based on calculations performed using the latest available version
of energy modeling software issued by the United States Department
of Energy; or a combination of such public benefits.
[Amended 4-30-2018 ATM
by Art. 19]
(c)
For purposes of the previous Subsection A(1)(b), the term "low-
or moderate-income dwelling units" means:
[Amended 4-30-2018 ATM
by Art. 19]
[1]
Low or moderate-income housing as defined in MGL c. 40B and its regulations;
[2]
"Community housing" as defined in MGL c. 44B and its regulations;
and/or
[3]
Housing that would be available to occupants having household incomes
up to 125% of area median income, as area median income is then defined
under MGL c. 40B and its regulations.
(2)
The total residential gross floor area of a dwelling unit in
the VB District shall be not less than 700 square feet nor more than
1,500 square feet.
[Amended 5-2-2015 ATM
by Art. 21]
(3)
In addition to the required performance standards in this Article 18, the special permit granting authority may adopt regulations establishing additional design guidelines for development in the VB District.
(4)
In granting a special permit, the special permit granting authority
may impose conditions on building and site design to ensure the architectural
compatibility with the surrounding neighborhood, and to ensure consistency
with approved design guidelines.
(5)
The special permit granting authority shall not take final action
on a special permit application proposing any expansion or exterior
renovation of a building in the VB District that was built prior to
January 15, 1955, until first requesting, in addition to those reports
detailed in § 300-12.4B, a report thereof from the Historical
Commission, or until the Historical Commission has allowed 35 days
to elapse after receipt of a copy of such application without submission
of a report. Reasons for not accepting any of the comments and recommendations
of the Historical Commission shall be noted by the special permit
granting authority in the final action on the application.
B.
In the VB District, the special permit granting authority may allow
dwelling units on ground floors of buildings only where:
[Amended 5-2-2015 ATM
by Art. 21]
(1)
The building is located behind another building that has one
or more retail or services uses on the ground floor, when considered
relative to a street; or the residential portion of the first floor
of a building is located behind one or more retail or services uses
within the same building, when considered relative to a street; and
(2)
Where the applicant demonstrates and the special permit granting
authority specifically finds that first floor residential uses will
not have an adverse impact on the continuity of any retail or services
uses located adjacent to a street.
C.
The Planning Board shall be the special permit granting authority for uses identified by the letters "SPP" in § 300-4.2, the Table of Use Regulations. A special permit issued pursuant to this Article 18 shall not be a substitute for compliance with § 300-12.6, Site plan review, of this Zoning Bylaw where such compliance is required pursuant to applicable law. The grant of a special permit pursuant to this Article 18 shall not constitute a waiver of any requirement of § 300-12.6. However, to facilitate processing, the Planning Board as special permit granting authority may accept a combined plan and application which must satisfy all applicable requirements of this Zoning Bylaw, including without limitation the requirements of § 300-12.4, § 300-12.6, this Article 18 and the rules of the special permit granting authority relative to issuance of special permits.
[Amended 4-30-2018 ATM
by Art. 19]
