[Added 4-29-2019 ATM by Art. 18]
A.
The following are the purposes of this Harbor Village Business Overlay
District Bylaw ("HVBOD"):
(1)
To encourage a vibrant mix of uses, including multifamily residential,
to support increased public access to and commercial activity within
Cohasset Harbor.
(2)
To activate the edges of Border Street and Summer Street and
the Cohasset waterfront, allowing commercial uses to contribute to
public activity in the area.
(3)
To encourage physical and commercial links between Cohasset
Harbor and Cohasset Village, anchoring Elm Street at each end with
a complementary mix of commercial and residential uses.
(4)
To ensure that new development in the harbor area is consistent
with a local and state-approved Municipal Cohasset Harbor Plan, including
the requirements for public access under Massachusetts General Laws
Chapter 91.
A.
The location and boundaries of the HVBOD are the Village Business
District that abuts Border Street and the parcel within the Waterfront
Business District at the junction of Border, Margin, and Elm Streets,
excluding any other areas in the Town that are zoned Village Business
or Waterfront Business. Said overlay district is comprised of Cohasset
Assessors' plots Map F5, Lot 30, Block 21; Map F5, Lot 27, Block 004;
Map F5, Lot 27, Block 003; Map F5, Lot 27, Block 002; Map F5, Lot
27, Block 001; Map F5, Lot 32, Block 021; and Map F5, Lot 32, Block
022, all in accordance with a map showing the boundaries of such HVBOD
dated April 29, 2019.
B.
The HVBOD created herein shall be deemed to be an overlay district. The requirements set below shall constitute an alternative set of standards for development and use of real estate within this new boundary; provided, however, that a special permit in accordance with this Zoning Bylaw Article 22 is granted by the Cohasset Planning Board. If such a special permit is not sought, is not granted, or lapses, then all requirements of the underlying districts shall apply to the land, but the alternative standards for development and use of real estate within said Village Business District and Waterfront Business District, as provided in this Zoning Bylaw Article 22, shall not apply.
For the purposes of this Zoning Bylaw Article 22, the following terms and words are given the meanings stated below:
A building or portion thereof consisting of a shared office
environment, which contains desks or other workspaces and facilities,
including, but not limited to, dedicated workstations, office suites,
meeting rooms, event space, resource libraries, and business or administrative
support services, and is used by a recognized membership who share
the site to interact and collaborate with each other as part of a
community. Rules for membership and participation in the co-working
space are explicit, transparent, and available to the public. Co-working
spaces may host classes or networking events which are open either
to the public or to current and prospective members.
A programmed activity, retail, food-related, or water-dependent
use that is available seasonally and serves the public. Such use may
include one or more of the following: a seasonal or regularly scheduled
outdoor exercise class or other group activity; a kiosk, stand, or
truck selling goods or food; and a kayak, paddleboard, or other non-motorized
boat rental.
A.
Any development, use and/or change of use allowed pursuant to this Article 22 shall require an application for a special permit in the HVBOD, and for site plan review pursuant to § 300-12.6 of the Cohasset Zoning Bylaw, to be filed with the Town Clerk with a copy filed forthwith with the Cohasset Planning Board and shall be accompanied by 18 copies of a site plan of the entire tract under consideration, prepared by a professional engineer, architect, or landscape architect.
B.
Said application and plan shall be prepared in accordance with the
requirements for a site plan review in the rules and regulations for
site plan review as adopted by the Cohasset Planning Board, inclusive
of all checklists, and shall include the proposed location, bulk,
and height of all proposed buildings. In addition, the applicant shall
provide the following information:
(1)
An analysis of the site, including wetlands, slopes, soil conditions,
areas within the one-hundred-year floodplain, trees over eight inches
in diameter and such other natural features as the Cohasset Planning
Board may request.
(2)
A summary of the environmental concerns related to the proposed
site plan.
(3)
Sufficient information, including soil evaluation and percolation
test data, in accordance with the rules and regulations of the Cohasset
Board of Public 3Health and applicable Department of Environmental
Protection regulations, to make a determination that adequate provision
is made for the disposal of septic waste or written confirmation from
the Town of Cohasset Sewer Commission detailing an agreement to accept
the proposed wastewater flow.
[Amended 5-24-2021 ATM by Art. 28]
(4)
A description of the neighborhood in which the lot lies, including
utilities and other public facilities, and the impact of the proposed
plan upon them.
(5)
Design characteristics shall be shown through rendering or elevations
and shall include, but not be limited to, building material, architectural
design, streets, site and building landscaping.
(6)
A municipal fiscal impact analysis of the proposed use and development
upon the Town.
(7)
Any other information required by the Cohasset Planning Board
in the rules and regulations adopted by it with respect to such special
permit process.
C.
The Cohasset Planning Board shall hold a public hearing under this Zoning Bylaw Article 22 and take action thereupon, in conformity with the provisions of MGL c. 40A, §§ 9 and 11.
D.
A special permit issued under this Zoning Bylaw Article 22 shall not be a substitute for compliance with the site plan review requirements of § 300-12.6 of the Cohasset Zoning Bylaw where such compliance is required pursuant to applicable law. The granting of a special permit pursuant to this Zoning Bylaw Article 22 shall not constitute a waiver of any requirement of § 300-12.6, as above. However, to facilitate processing, the Cohasset Planning Board may accept a combined plan and application which shall satisfy the requirements of this Zoning Bylaw Article 22 and § 300-12.6 of the Cohasset Zoning Bylaw where applicable.
A.
Special permit uses. One or more of the following single uses or mixed uses, in a single structure or in multiple standalone structures, of such features and dimensions as will be in compliance with the design and performance standards of § 300-22.6, the parking rules of § 300-22.7 and the dimensional requirements of § 300-22.8, are permitted in the HVBOD by grant of the special permit described in this Zoning Bylaw Article 22, if involving one or more of the following:
(1)
Dwelling units in multifamily format in combination with one
or more of the uses below.
(2)
Stores for the sale of goods at retail, including dry goods,
food, apparel and accessories, furniture and home furnishings, smallwares,
and hardware.
(3)
Restaurants (other than fast-food restaurants) serving foods
or beverages from within the premises.
(4)
Personal service establishments, including beauty salon, barbershop,
tailor, etc.
(5)
Civic, cultural and community facilities.
(6)
Offices and other business establishments.
(7)
Temporary HVBOD use, as defined in this bylaw, accessory to
the special permit use.
(8)
Co-working space, as defined in this bylaw.
(9)
Buildings and uses accessory to the above, including ground
floor parking accessory to dwelling units.
In addition to the requirements and procedures set forth in § 300-12.4, applications for special permits in HVBOD shall be subject to the additional required performance standards included in this § 300-22.6.
A.
In addition to other findings of compliance as required pursuant to this bylaw, a special permit shall not be granted by the Cohasset Planning Board unless and until the Cohasset Planning Board has issued written findings certifying compliance with the performance standards of this § 300-22.6, as follows:
(1)
The maximum allowable floor area ratio (FAR) shall be 1.0; however, the maximum allowable FAR may be increased by the special permit granting authority, provided that any such increase in FAR shall not entitle the applicant to relief from other dimensional requirements of this bylaw and the approved use with a FAR greater than 1.0 will provide a public benefit in addition to those necessary to meet all the other requirements of this bylaw, including but not limited to: construction of off-site infrastructure serving a public purpose, such as parking and streetscape improvements, or exceeding the requirements under § 300-4.3N, with inclusionary zoning units located within HVBOD or on the project site.
(2)
The total residential gross floor area of a dwelling unit in
the HVBOD shall be not less than 700 square feet nor more than 3,000
square feet.
(3)
Ground floor parking must be screened from view of the public
right-of-way by landscape treatment appropriate to the area as determined
by the special permit granting-authority.
(4)
For waterfront projects within or partially within the jurisdiction
of Chapter 91 of the Massachusetts General Laws, the applicant must
meet the requirements for open space and facilities of public accommodation
as defined by Chapter 91 or by the requirements of a state-approved
Municipal Cohasset Harbor Plan, when such plan is in effect. At a
minimum, the applicant must provide open space, including a walkway,
that is accessible to the public and that connects to a public right-of-
way and to a harbor-wide walkway, should such walkway be built. The
applicant must also provide a view corridor easement that aligns with
the southern edge of Elm Street, allowing visual access across the
parcel to Cohasset Harbor from the public right-of-way.
(5)
In addition to the required performance standards in this § 300-22.6, the Cohasset Planning Board may adopt regulations establishing additional design guidelines for development in HVBOD.
(6)
In granting a special permit, the Cohasset Planning Board 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.
(7)
The Cohasset Planning Board shall not take final action on a
special permit application proposing any expansion or exterior renovation
of a building in the HVBOD 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 Cohasset Planning Board in the final action
on the application.
B.
In HVBOD, the Cohasset Planning Board may allow dwelling units on
ground floors of buildings only where:
(1)
A minimum of 15% of the building area (excluding basement and
underground parking) is dedicated to publicly accessible ground floor
commercial or nonresidential (excluding parking) uses, including seasonal
commercial uses. Of this 15% minimum, a maximum of 5% of the total
building area may be dedicated to outdoor seasonal use, such as the
outdoor eating area for an adjacent café or restaurant or for
seasonal temporary uses. For a project adjacent to the waterfront,
10 feet of the twenty-five-foot setback required from the shoreline
may be included in this required area. Notwithstanding the foregoing,
the special permit granting authority may waive this minimum if the
applicant provides sufficient evidence of active uses on the ground
floor.
(2)
For waterfront projects, the location of the dwelling units
on the ground floor is not in conflict with the requirements of Chapter
91, and a state-approved Municipal Cohasset Harbor Plan.
(3)
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 public right-of-way, including the shoreline
of the Cohasset Harbor.
C.
The Cohasset 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.[1] A special permit issued pursuant to this Zoning Bylaw Article 22 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 Zoning Bylaw Article 22 shall not constitute a waiver of any requirement of § 300-12.6. However, to facilitate processing, the Cohasset 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 Zoning Bylaw Article 22 and the rules of the special permit granting authority relative to issuance of special permits.
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
A.
Parking requirements within HVBOD shall be consistent with the requirements of § 300-7.1, with the following exception:
(1)
Dwelling for occupancy by more than one family: 1 1/2 spaces
per unit on same or contiguous lot in common ownership subject to
covenant to assure permanent use for off-street parking, as the Cohasset
Planning Board deems adequate.
(2)
On any lot in HVBOD that serves more than one use, the total
number of spaces required for a development (taken as a whole) may
be reduced, provided that the applicant submits credible evidence
to the satisfaction of the Cohasset Planning Board that the peak parking
demand of the uses does not coincide, and that the accumulated parking
demand at any one time shall not exceed the total capacity of the
facility. Such evidence must take into account the parking demand
of residents, employees, customers, visitors, and any other users
of the lot. It must also take into account parking demand on both
weekends and weekdays, and both during the daytime and overnight.
Parking may be provided on a lot within 100 feet of the principal
lot subject to covenant to assure permanent use for off-street parking,
as the Cohasset Planning Board deems adequate.
A.
A building shall have no minimum front yard setback, in order to
encourage the continuation of the existing street wall. However, buildings
with more than two stories shall be required to step the upper story
back by a minimum of 10 feet from the public right-of-way.
B.
A building on the waterfront shall have a minimum setback of 25 feet
from the shoreline.
C.
Maximum height is 35 feet above base flood elevation (BFE).
D.
Maximum structural coverage is limited to 80%.
E.
The minimum setback for a side yard shall be 10 feet from any adjacent
residential building.
A.
[1]No certificate of occupancy shall be issued by the Building
Inspector until he has certified to the Cohasset Planning Board that
the premises have been built in accordance with the plan approved
hereunder.
B.
The Cohasset Planning Board shall adopt, and from time to time amend, rules and regulations consistent with provisions of this Zoning Bylaw, Chapter 40A of the General Laws, and other applicable provisions of the General Laws, and shall file a copy of said rules and regulations with the Town Clerk. Such rules and regulations shall, subject to provisions of Zoning Bylaw § 300-12.4, prescribe as minimum the size, form, contents, style and number of plans and specifications, the Town boards or departments from which the Cohasset Planning Board shall request written reports and the procedure for submission and approval of a special permit under the provisions of this Zoning Bylaw Article 22. The Cohasset Planning Board shall also specify the fees to be paid in connection with application for a special permit for an HVBOD, bonding requirements to satisfy conditions of approval, and owner/occupancy reporting requirements to satisfy compliance with the age and affordability restrictions. Other specifications as deemed necessary by the Cohasset Planning Board shall be included in the rules and regulations. Failure to adopt such rules and regulations shall not affect the validity of this Zoning Bylaw Article 22.
