Definitions. As used in this Section 9.5, the following terms
shall have the meanings set forth below:
ADMINISTERING AGENCY
An organization designated by the Lynnfield Board of Selectmen,
which may be the Lynnfield Housing Authority or other qualified housing
entity, with the power to monitor and to enforce compliance with the
provisions of this bylaw related to affordable units, including but
not limited to computation of rental and sales prices; income eligibility
of households applying for affordable units; administration of an
approved housing marketing and resident selection plan; and recording
and enforcement of an affordable housing restriction for each affordable
unit in the PVDD.
AFFORDABLE HOMEOWNERSHIP UNIT
A dwelling unit required to be sold to an eligible household
in accordance with the requirements of Section 9.5.11 of this bylaw.
AFFORDABLE HOUSING RESTRICTION
A deed restriction of an affordable homeownership unit meeting
statutory requirements in MGL c. 184, § 31, and the requirements
of Section 9.5.11 of this bylaw.
AFFORDABLE RENTAL UNIT
A dwelling unit required to be rented to an eligible household
in accordance with the requirements of Section 9.5.11 of this bylaw.
AFFORDABLE UNIT
An affordable rental unit or an affordable homeownership
unit that is affordable to and occupied by an eligible household.
APPLICANT
A landowner or other petitioner who files a site plan for
a development project subject to the provisions of this bylaw.
APPLICATION
A petition for site plan approval filed with the approving
authority by an applicant and inclusive of all required documentation
as specified in administrative rules adopted pursuant to Section 9.5.12.
APPROVING AUTHORITY
The Planning Board of the Town of Lynnfield acting as the
authority designated to review projects and issue approvals under
this Section 9.5.
AS-OF-RIGHT DEVELOPMENT
A development project allowable under this Section 9.5 without
recourse to a special permit, variance, zoning amendment, or other
form of zoning relief. A development project that is subject to the
site plan review requirement of this Section 9.5 shall be considered
an as-of-right development.
BASEMENT
The lowest floor level of a building which is either fully
or partially below grade, whether or not fully enclosed.
CINEMA
A theater designed and constructed for the primary intended
purpose of showing films or movies for a fee.
CONSERVATION USE
Any woodland, grassland, wetland, agricultural or horticultural
use of land; any use of land for the construction and use of ponds
or stormwater management facilities.
DEPARTMENT
The Massachusetts Department of Housing and Community Development
(DHCD) or any successor agency.
DESIGN STANDARDS
The document entitled Lynnfield 40R Planned Village Development
District Design Standards, as amended, approved by DHCD on April 19,
2007, pursuant to MGL c. 40R, § 10. The design standards
are applicable to all development projects within the PVDD that are
subject to site plan review by the approving authority.
DEVELOPABLE LAND
All land within the PVDD that can be feasibly developed into
development projects. Developable land shall not include: the rights-of-way
of existing public streets and ways; or areas that are: (1) protected
wetland resources (including buffer zones) under federal, state, or
local laws; (2) land located within the FP Flood Plain Zoning District
in the Town of Lynnfield and subject to seasonal or periodic flooding;
or (3) rare species habitats designated under federal or state law.
The foregoing definition shall be for purposes of calculating density
under Section 9.5.7.2 and shall not limit development activities in
such excluded areas if otherwise allowed by applicable law.
DEVELOPMENT LOT
One or more lots which are designated as a development lot
on a site plan for a development proposed within the PVDD and for
which site plan approval is required under the provisions of this
Section 9.5. The lots comprising a development lot need not be in
the same ownership. Where the development lot consists of more than
a single lot, the lots, in combination, shall be treated as the development
lot, may be contiguous or noncontiguous and shall be considered as
one lot for the purpose of calculating parking requirements and dwelling
units per acre. Any development undertaken on a development lot is
subject to the design standards established under Section 9.5.9 of
this bylaw.
DEVELOPMENT PROJECT
A residential or commercial development undertaken under
this Section 9.5. A development project shall be identified on the
site plan which is submitted to the approving authority for site plan
review.
DWELLING UNIT
One or more rooms with cooking, living, sanitary and sleeping
facilities arranged for the use of one or more persons living together
as a single housekeeping unit. The following types of dwelling units
are specifically defined:
MULTIFAMILY DWELLING UNITS — A residential building containing
four or more dwelling units designed for occupancy by the same number
of families as the number of dwelling units; and
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TWO-THREE FAMILY UNITS — A residential building containing
two or three dwelling units and where the individual dwelling units
are not located on separate lots.
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ELIGIBLE HOUSEHOLD — An individual or household whose
annual income is at or below 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.
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FAMILY
Any number of persons living and cooking together on the
premises as a single housekeeping unit, as distinguished from a group
occupying a boarding house, lodging house, or hotel.
GROSS FLOOR AREA
The floor area of space on all floors inclusive of heated
basements, hallways, mechanical rooms, storage space and other miscellaneous
space not exclusively occupied by a single tenant or occupant, measured
from the exterior faces of exterior walls. Gross floor area does not
include covered walkways, open roofed-over areas, porches, exterior
terraces or steps, chimneys, roof overhangs, parking garages and unheated
basements.
GROSS LEASABLE FLOOR AREA
The area of a building exclusive of hallways, mechanical
rooms, storage space and other miscellaneous space not exclusively
occupied by a single tenant or occupant.
HEIGHT
The distance between average finished grade adjacent to the
building (exclusive of basements) and the ceiling of the upper-most
heated space in the building in the case of flat roofs and, in the
case of buildings with pitched roofs, at the point at which such ceiling
intersects with the exterior portion of the building. The calculation
of building height shall not apply to roof tanks and their supports,
roof decks, ventilating, air conditioning and similar building service
equipment, chimneys, railings, skylights and other similar features
of buildings which are in no way designed or used for living purposes,
nor the portion of the pitched roof above the intersection of the
ceiling of the upper-most heated space and the exterior of the building.
HOUSEHOLD INCOME, MEDIAN
The median income, adjusted for household size, as reported
by the most recent information from, or calculated from regulations
promulgated by, the United States Department of Housing and Urban
Development (HUD).
INFRASTRUCTURE LETTERS
The letters issued on behalf of the Town in fulfillment of
MGL c. 40R, § 6(a)(11), and 760 CMR 59.04(1)(h) identifying
infrastructure improvements to be made incident to the construction
of one or more development projects in the Planned Village Development
District.
LOT
A single tract of land held in common ownership throughout
and defined by metes, bounds or lot lines in a deed or conveyance
on a duly recorded plan.
OFFICE
A place for the regular performance of business transactions
and services, generally intended for administrative, professional
and clerical activities, including a medical or dental office or health
clinic.
PLANNED VILLAGE DEVELOPMENT DISTRICT
An overlay zoning district adopted pursuant to Massachusetts
General Laws Chapter 40R, in accordance with the procedures for zoning
adoption and amendment as set forth in Massachusetts General Laws
Chapter 40A and approved by the Department of Housing and Community
Development pursuant to Massachusetts General Laws Chapter 40R and
760 CMR 59.00.
RECREATIONAL ACCESSORY USE
A use subordinate to a principal residential use on the same
lot or in the same structure and serving a purpose customarily incidental
to the principal residential use, and which does not, in effect, constitute
conversion of the principal use of the lot, site or structure to a
use not otherwise permitted in the PVDD. Recreational accessory uses
may include, but are not limited to, greenhouse, tool shed, clubhouse,
swimming pool, tennis court, basketball court, and playground.
RECREATIONAL USE
The principal use or intended principal use of land or structures
for relaxation, entertainment, amusement, sports, or the like, whether
on a fee or nonfee basis, but not including a cinema.
RESTAURANT
Any business establishment principally engaged in serving
food, drink, or refreshments, whether prepared on or off the premises;
provided, however, that drive through windows are not allowed.
RETAIL USE
Business establishments selling goods and/or services to
customers on-site, generally for end use personal, business or household
consumption. A reasonable amount of storage of said goods shall also
be assumed to be an integral part of retail use.
SITE PLAN
A plan depicting a proposed development project for all or
a portion of the PVDD and which is submitted to the approving authority
for its review and approval in accordance with the provisions of Section
9.5.12 of this bylaw.
SITE PLAN APPROVAL
The approving authority's authorization for a proposed development
project based on a finding of compliance with this Section 9.5 of
the bylaw and design standards after the conduct of a site plan review.
SITE PLAN REVIEW
The review procedure established by this Section 9.5 and
administered by the Planning Board of the Town of Lynnfield as the
approving authority.
SUB-DISTRICT
A specific and defined area of land within the PVDD that
is subject to specific requirements for allowable uses or dimensional
requirements that may differ from the requirements for allowable uses
or dimensional requirements in other specific and defined areas within
the PVDD. The boundaries and the names of the sub-districts are referred
to in Section 9.5.3 of this bylaw.
UNDERLYING ZONING
The zoning requirements adopted pursuant to Massachusetts
General Laws Chapter 40A that are otherwise applicable to the geographic
area in which the PVDD is located, as said requirements may be amended
from time to time.
UNDULY RESTRICT
A provision of a Planned Village Development District or
a design standard adopted pursuant to Massachusetts General Laws Chapter
40R and 760 CMR 59.00 that adds unreasonable costs or unreasonably
impairs the economic feasibility of a proposed development project
in a Planned Village Development District.
UNRESTRICTED UNIT
A dwelling unit that is not restricted as to rent, price
or eligibility of occupants.
USE, ACCESSORY
A use subordinate to the principal use on the same lot or
in the same structure and serving a purpose customarily incidental
to the principal use, and which does not, in effect, constitute conversion
of the principal use of the lot, site or structure to a use not otherwise
permitted in the PVDD. Except where otherwise noted, accessory uses
are permitted or prohibited in the PVDD to the same extent as if such
uses were principal uses.
USE, PRINCIPAL
The main or primary purpose for which a structure, building,
or lot is designed, arranged, licensed, or intended, or for which
it may be used, occupied, or maintained under this Section 9.5. More
than one principal use is permitted as-of-right on a lot or within
a development project.