The Floodplain Overlay District is herein established as an
overlay district. The District includes all special flood hazard areas
within the City of Haverhill designated as Zones A and AE on the Essex
County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency
Management Agency (FEMA) for the administration of the National Flood
Insurance Program. The map panels of the Essex County FIRM that are
wholly or partially within the City of Haverhill are panel numbers
25009C0058F, 25009C0059F, 25009C0066F, 25009C0067F, 25009C0068F, 25009C0069F,
25009C0078F, 25009C0080F, 25009C0083F, 25009C0084F, 25009C0086F, 25009C0087F,
25009C0088F, 25009C0089F, 25009C0091F, 25009C0092F, 25009C0093F, 25009C0094F,
25009C0111F, 25009C0226F, 25009C0227F, and 25009C0231F dated July
3, 2012. The exact boundaries of the FPOD may be defined by the 100-year
base flood elevations shown on the FIRM and further defined by the
Essex County Flood Insurance Study (FIS) report dated July 3, 2012.
The FIRM and FIS report are incorporated herein by reference and are
on file with the City Engineer.
Within Zone A, where the base flood elevation is not provided
on the FIRM, the applicant shall obtain any existing base flood elevation
data from the City Engineer, and it shall be reviewed by the Building
Commissioner for its reasonable utilization toward meeting the elevation
or floodproofing requirements, as appropriate, of the State Building
Code and the following special provisions:
1.
Structures intended for residential purposes must be built in
such a manner that the lowest floor (including basement or cellar)
is elevated to or above the base flood elevation.
2.
Structures intended for nonresidential purposes must be built
in such a manner that the lowest floor (including basement or cellar)
is elevated to or above the base flood elevation or, together with
attendant utility and sanitary facilities, is floodproofed up to the
base flood elevation.
3.
Structures shall be anchored to resist flotation and lateral
movement.
4.
Construction of water supply and waste treatment systems shall
prevent the entrance of floodwaters.
5.
Valves or controls on sanitary and storm drains which will permit
the drains to be closed to prevent backup of sewage and stormwaters
shall be installed.
6.
All electrical equipment, circuits and electrical appliances
shall be located in a manner which will assure they are not subject
to flood damage.
7.
These provisions shall not be interpreted to prohibit the construction
of structures underground which are waterproof or are intended to
absorb floodwater, provided that such structures do not raise the
existing ground elevations nor obstruct the flow of floodwaters.
1.
Existing structures and appurtenances thereto within the Floodplain
District which are inconsistent with these provisions shall be considered
nonconforming structures and as such shall be bound by the provisions
contained in Section 5.0, except that a facility permitted and assigned
under the provisions of MGL c. 111, § 150A, may be completed
without regard to the floodplain provisions stated herein.
2.
In addition, an existing structure, group of structures and
appurtenances thereto and a facility permitted and assigned under
MGL c. 111, § 150A, may be expanded, altered and/or otherwise
improved by right, without regard to the floodplain provisions stated
herein, provided that such improvement, alteration and/or expansion
which is inconsistent with said floodplain requirements does not exceed
50% of the market value of the existing structure or facility as defined
under "substantial improvement" when completed.
In the floodway, as designated on the Flood Insurance Rate Map,
the following provisions shall apply:
1.
All encroachments, including fill, new construction, substantial
improvement to existing structures and other development, are prohibited
unless certification by a registered professional engineer is provided
by the applicant demonstrating that such encroachment shall not result
in any increase in flood levels during the occurrence of the 100-year
flood.
2.
Any encroachment meeting the above standard shall comply with
the floodplain requirements of the State Building Code.
1.
In Zones A and AE, along watercourses that have not had a regulatory
floodway designated, the best available federal, state, local, or
other floodway data shall be used to prohibit encroachments in floodways
which would result in any increase in flood levels within the community
during the occurrence of the base flood discharge.
2.
Base flood elevation data is required for subdivision proposals
or other developments greater than 50 lots or five acres, whichever
is the lesser, within unnumbered A zones.
The Floodplain Overlay District is established as an overlay
district to all other districts. All development in the district,
including structural and nonstructural activities, whether permitted
by right or by special permit, must be in compliance with MGL c. 131,
§ 40, and with the following:
1.
Sections of the Massachusetts State Building Code (780 CMR)
which address floodplain and coastal high hazard areas;
2.
Wetlands Protection Regulations, Department of Environmental
Protection (DEP) (currently 310 CMR 10.00);
3.
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
4.
Minimum Requirements for the Subsurface Disposal of Sanitary
Sewage, DEP (currently 310 CMR 15, Title 5).
Any variances from the provisions and requirements of the above
referenced state regulations may only be granted in accordance with
the required variance procedures of these state regulations.
In Zone AE, along watercourses within the City of Haverhill
that have a regulatory floodway designated on the Essex County FIRM,
encroachments are prohibited in the regulatory floodway which would
result in any increase in flood levels within the community during
the occurrence of the base flood discharge.
All subdivision proposals must be designed to assure that:
In a riverine situation, any party proposing to alter or relocate
a watercourse shall notify the following:
1.
Adjacent communities of Merrimac, West Newbury, Groveland, Boxford,
North Andover, and Methuen, Massachusetts and Salem, Atkinson, Plaistow,
and Newton, New Hampshire;
2.
NFIP State Coordinator - New Hampshire Office of Energy and
Planning, Johnson Hall, 3rd Floor, 107 Pleasant Street, Concord, NH
03301;
3.
NFIP State Coordinator - Massachusetts Department of Conservation
and Recreation, 251 Causeway Street, Suite 600-700, Boston, MA 02114-2104;
and
4.
NFIP Program Specialist - Federal Emergency Management Agency,
Region I, 99 High Street, 6th Floor, Boston, MA 02110.
The party shall provide the City of Haverhill Zoning Officer
with proof of proper notifications in the form of a notarized affidavit.
The following uses of low flood damage potential and causing
no obstructions to flood flows are encouraged, provided they are permitted
in the underlying district and they do not require structures, fill,
or storage of materials or equipment:
1.
Agricultural uses such as farming, grazing, truck farming, horticulture,
etc.
2.
Forestry and nursery uses.
3.
Outdoor recreational uses, including fishing, boating, play
areas, etc.
4.
Conservation of water, plants, wildlife.
5.
Wildlife management areas, foot, bicycle, and/or horse paths.
6.
Temporary nonresidential structures used in connection with
fishing, growing, harvesting, storage, or sale of crops raised on
the premises.
7.
Buildings lawfully existing prior to the adoption of these provisions.
The purpose of the Water Supply Protection Overlay District
(WSPOD) is to:
1.
Promote the health, safety and general welfare of the City;
2.
Protect, preserve and maintain the existing and any future surface
water supply and groundwater recharge areas within the City;
3.
Preserve and protect the community against detrimental uses
and development within the WSPOD;
4.
Conserve the natural resources of the City; and
5.
Prevent pollution in the WSPOD and degradation of the public
water supply.
The WSPOD is hereby established as an overlay district. A use
permitted in a portion of an underlying district which falls within
the WSPOD must additionally comply with the requirements of this § 9.2.
Any use prohibited in the portions of the underlying districts so
overlaid shall be prohibited within the WSPOD.
[Amended 12-14-2021 by Doc. 93-B]
The WSPOD is herein established to include all lands within
the City of Haverhill lying within the primary and secondary recharge
areas of groundwater aquifers and watershed areas of surface waters
which provide public water supply, and, further, should earth work
for development purposes shift runoff into the watershed, that development,
or the portion that then drains into the watershed, will be included
in the overlay district. The map entitled "Water Supply Protection
Districts" defines the extent and boundary of the WSPOD and is on
file with the City Clerk. The Water Supply Protection District map
shall be maintained by the City Engineer under the direction of the
Water Division.
See "water supply protection overlay district" in Section 11.0.
The following uses, if permitted within the underlying district,
are permitted as of right within the WSPOD, provided that all necessary
permits, orders or approvals required by local, state or federal law
are also obtained (including any special permit required by the underlying
district), and further provided that no permit is required for said
use pursuant to the National Pollutant Discharge Elimination System
permit program established pursuant to 33 U.S.C. § 1342,
the Surface Water Discharge Permit Program established pursuant to
MGL c. 21, § 43, or the Ground Water Discharge Permit Program
established pursuant to MGL c. 21, § 43:
1.
One individual single-family dwelling unit which is within the
WSPOD District but not within 500 feet of the water bodies outlined
in Subsection D(3)(a)[5],[1] Places of worship, nonprofit educational development,
trade schools, nursery schools, nonprofit schools, colleges or universities
and City governmental buildings, provided that no more than 10% of
a building lot, or 2,500 square feet, whichever is greater, is rendered
impervious, and further provided that the slope of the portion of
the lot to be built upon, prior to alteration, shall not exceed 15%,
wetlands portions excluded.
[1]
Editor's Note: So in original.
2.
Conservation of soil, water, plants and wildlife.
3.
Outdoor recreation activities and facilities including unpaved
play areas, nature study, boating, fishing, and hunting where otherwise
legally permitted, but not involving the use of motor vehicles or
motor boats.
4.
Wildlife management areas, landings, foot and bicycle paths
and bridges, provided that such uses do not affect the natural flow
pattern of any watercourse.
5.
Normal operation and maintenance of existing water bodies and
dams, splash boards, and other water control, supply and conservation
structures and devices.
6.
Maintenance and repair of any existing structure, provided that
no more than 10% of the lot is rendered impervious, or, if the existing
impermeable area exceeds 10%, there is no increase in impermeable
area.
7.
Farming, gardening, nursery, conservation, forestry, harvesting
and grazing, provided that fertilizers and other leachable materials
are not stored outdoors.
The following uses are prohibited:
1.
All new and expanded waste oil retention facilities.
2.
All underground storage tanks and above ground storage of liquid
hazardous material as defined in MGL c. 21E and petroleum products
of any kind, including, without limitation, gasoline, waste oil, heating
oils, diesel fuel and any other liquid hydrocarbons, except as follows:
a) those incidental to normal household use and outdoor maintenance
or the heating of a structure; b) emergency generators required by
statute, rule or regulation; c) a response action conducted or performed
in accordance with MGL c. 21E and 310 CMR 40.000 and which is exempt
from a groundwater discharge permit pursuant to 314 CMR 5.05(14);
provided that such storage is either in a freestanding container within
a building or in a covered freestanding container above ground level
with protection adequate to contain a spill the size of 10% of the
total possible storage capacity or 110% of the largest storage container,
whichever is greater. However, these storage requirements do not apply
to the replacement of existing tanks or systems for the keeping, dispensing
or storing of gasoline outside of Zone A provided the replacement
is performed in accordance with applicable state and local requirements.
3.
Facilities that, through their acts or processes, generate,
treat, store or dispose of hazardous waste that are subject to MGL
c. 21C and 310 CMR 30.000 including, without limitation, solid wastes,
hazardous wastes, leachable wastes, chemical wastes, radioactive wastes,
and waste oil, except for the following:
4.
Treatment or disposal works subject to 314 CMR 3.00 or 5.00
including, without limitation, solid wastes, hazardous wastes, leachable
wastes, chemical wastes, radioactive wastes, and waste oil, except
for:
a.
The replacement or repair of an existing treatment or disposal
works that will not result in a design capacity greater than the design
capacity of the existing treatment or disposal works.
b.
Treatment or disposal works for sanitary sewage if necessary
to treat existing sanitary sewage discharges in non-compliance with
310 CMR 15.000: The State Environmental Code, Title 5: Standard Requirements
for the Siting, Construction, Inspection, Upgrade and Expansion of
On-site Sewage Treatment and Disposal Systems and for the Transport
and Disposal of Septage, provided the facility owner demonstrates
to the Department's satisfaction that there are no feasible siting
locations outside of the Zone A. Any such facility shall be permitted
in accordance with 314 CMR 5.00 and shall be required to disinfect
the effluent. The Department may also require the facility to provide
a higher level of treatment prior to discharge.
c.
Treatment works approved by the Department designed for the
treatment of contaminated ground or surface waters and operated in
compliance with 314 CMR 5.05(3) or 5.05(13).
d.
Discharge by public water system of waters incidental to water
treatment processes.
5.
Sand and gravel excavation operations, including the removal
of soil, loam, sand, gravel or any other mineral substances with the
exception for excavations for the construction of building foundations
or the installation of utility works.
6.
Uncovered or uncontained storage of fertilizers including uses
which discharge processed liquids on site. Land application and storage
of sludge and septage, as defined in 310 CMR 23.05.
7.
Storage of road salt and sanding materials, including but not
limited to sodium chloride, calcium chloride, chemically treated abrasives
or other chemicals used for the removal of snow or ice on roads. Storage
or disposal of snow or ice, removed from highways and streets located
outside the WSPOD.
8.
Animal feed lots and the uncovered or uncontained storage of
manure.
9.
Automobile graveyards and junkyards, as defined in MGL c. 140B,
§ 1; and commercial outdoor washing of vehicles, and commercial
car washes.
10.
Automobile repair shops, auto body shops, automobile garages
and equipment storage garages within Zone A. Automobile repair shops,
auto body shops, automobile garages for five or more vehicles and
equipment storage garages outside of Zone A but within the limits
of the Water Supply Protection Overlay District.
11.
Cemeteries (human and animal) and mausoleums.
12.
Solid waste handling facilities, as defined in 310 CMR 16.00,
including, without limitation, sanitary landfills, open dumps, combustion
and transfer stations.
13.
Disposal of liquid or leachable wastes by on-site sewage disposal
systems subject to 310 CMR 15, except such systems serving one-or-two-family
residences or commercial, business or community facilities uses discharging
not more than 1,000 gallons per day per 40,000 square feet of lot
area and complying with 310 CMR 15.00.
14.
Medical, testing and research laboratories that dispose of biological
or chemical wastes on-site or store such wastes outside prior to disposal
off-site, except such laboratories associated with a medical group
or offices consisting of fewer than three doctors.
15.
Land uses which result in the rendering impervious of more than
10% or 2,500 square feet of any building lot, whichever is greater.
16.
Land use that renders impervious area greater than 2,500 square
feet on any building lot within Zone A.
17.
Any other use not permitted as of right or by special permit.
The following uses are permitted, if not prohibited within the
underlying district and if authorized by the SPGA by special permit,
in each specific case subject to such additional conditions as the
SPGA may impose to protect the water resources of the City of Haverhill:
1.
The application of fertilizers, manure and soil amendment for
non-domestic or non-agriculture uses, provided that Best Management
Practices (BMPs) are utilized as determined by the special permit
process to prevent any adverse impact on the Water Supply Protection
Overlay District and the interests to be protected thereunder. The
applicant shall demonstrate to the satisfaction of SPGA that such
precautions, including but not limited to erosion control techniques,
the control of runoff water, the prevention of volatilization of deposition
of agricultural chemicals, and the control of nutrient transport and
deposition and sedimentation, will be provided as necessary.
2.
Commercial, business and community facilities uses, provided
that BMPs are utilized as determined by the special permit process
to prevent compaction, siltation of wetlands and surface waters, loss
of recharge, exfiltration from sewer pipes and contamination by oil,
chemicals, and nutrients, as well as any other adverse impact on the
WSPOD and the interests to be protected thereunder.
3.
The use or storage of toxic or hazardous materials required
for treatment of drinking water and public water, treatment facilities,
provided those materials are protected to prevent their release to
the environment.
4.
Any use otherwise permitted as of right or by special permit
that requires a permit under the National Pollutant Discharge Elimination
System permit program established pursuant to 33 U.S.C. § 1342,
the Surface Water Discharge Permit Program established pursuant to
MGL c. 21, s. 43, or the Groundwater Discharge Permit Program established
pursuant to MGL c. 21, s. 43.
5.
Any building, structure, land-disturbing activity or excavation,
excluding that done solely to gather data (i.e., test pits, perk tests
and monitoring wells supervised by the Board of Health), within 500
linear feet of the mean high water elevation within any registered
water supply for the City of Haverhill.
6.
Any use in § 9.2.6 where explicit provision is made
for a special permit; and any use where the owner of the land in question
shows such land does not lie as either the primary or secondary recharge
areas of groundwater aquifers nor the watershed areas of reservoirs/surface
waters that provide public water supply.
7.
Any new streets which will be built to serve three or more lots.
8.
Land uses that result in the rendering impervious of more than
10%, 20% with artificial recharge, or 2,500 square feet of a building
lot, whichever is greater. Any system proposed for artificial recharge
of precipitation shall not result in groundwater pollution, the design
of which shall be approved by the SPGA pursuant to a special permit.
9.
Notwithstanding the provisions of § 9.6, the SPGA
may grant a special permit where an applicant demonstrates that prohibition
would constitute a taking of property in violation of the Massachusetts
and United States Constitution; provided, however, that the SPGA must
comply with the provisions of 310 CMR 22.20B and 310 CMR 22.20C(2)
and that no reasonably foreseeable danger to the public health, safety
or welfare will arise from such special permit.
Each application for a special permit shall be filed with the
SPGA and shall comply with the requirements of MGL c. 40A, and the
rules and regulations of the SPGA. The application, including any
plans and accompanying text, shall be complete in all regards meeting
all the requirements herein to allow full evaluation of the proposed
use on the Water Supply Protection Overlay District.
1.
The application shall include a list of all state, local and
federal permits, licenses and approvals required for the proposed
activity, and the status of all such permits, licenses and approvals.
2.
The application shall be prepared in accordance with the data
requirements and BMPs of the proposed development (e.g., including
but not limited to erosion and sedimentation control plan, stormwater
requirements, septic system designs);
3.
The application shall include a complete list of chemicals,
pesticides, fuels and other potentially hazardous materials to be
used or stored on the premises in any quantity. The application shall
include a Management Plan for the handling, storage and disposal of
any materials identified.
4.
The application shall include an analysis by a professional
geologist, hydrologist, soil scientist, or Massachusetts licensed
engineer experienced in groundwater evaluation or hydrogeology to
demonstrate that the proposed activity will not be detrimental to
the purposes of this district as set forth in § 9.2.1.
a.
The analysis shall fully describe the seasonal profile of volumes
and directions of groundwater and surface water flows with and without
the proposed use, the location and use of all drinking water supplies
that could be affected by the use, and the location and use of any
surface and/or groundwater that could be affected by the proposed
use.
b.
The applicant shall characterize subsurface conditions within
the area of the proposed activity relative to the potential impacts
of the discharge of nitrate to groundwater from subsurface disposal
systems associated with the proposed development.
c.
The analysis shall be conducted through the use of soil borings,
monitoring wells, well testing, ground and surface water level monitoring
and water quality analysis, modeling and other business accepted practices.
d.
The application shall contain adequate data and details of the
analysis, including field and laboratory measurement results and fully
documented calculations. In describing drinking water supplies, the
applicant shall document all previously delineated Massachusetts Department
of Environmental Protection Aquifer Classification Information for
the potentially affected area.
Except for one single-family dwelling, each applicant for a
special permit shall file as part of his application a report showing
prior land uses in existence at the time of passage of this section
and approved by the Board of Health, prepared by a geologist, earth
scientist, other qualified specialist in the field of chemistry and
land disposal or registered professional engineer, which shall describe
how the proposed use and/or structures satisfy the following items.
The SPGA may also require the preparation and filing of operations
plans for particular uses, which plans may be incorporated as conditions
of a special permit.
1.
Safeguards. Provision shall be made to protect against toxic
or hazardous materials discharge or loss resulting from corrosion,
accidental damage, spillage, or vandalism through measures such as:
spill control provisions in the vicinity of chemical or fuel delivery
points; secured storage areas for toxic or hazardous materials; and
indoor storage provisions for corrodible or dissolvable materials.
For operations which allow the evaporation of toxic or hazardous materials
into the interiors of any structures, a closed vapor recovery system
shall be provided for each such structure to prevent discharge of
contaminated condensate into the groundwater.
2.
Location. Where the boundary line of the WSPOD divides a lot
or parcel, the requirements established by this chapter shall apply
only to the portion of the lot or parcel located within the WSPOD.
The boundary shall be shown as part of development review as required
by this chapter under § 10.1.4. 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 WSPOD. Where development practices create
a hydrologic connection across the WSPOD boundary, the applicant shall
demonstrate that any water moving into or away from the WSPOD is accounted
for in any of the required pollutant loading calculations and meets
all of the standards associated with the WSPOD. 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. Where
the premises are partially outside of a WSPOD, site design shall,
to the maximum degree possible, locate such potential pollution sources,
such as on-site disposal systems, outside of the District.
3.
Disposal. The design of on-site sewage treatment and disposal
systems shall conform with the requirements of 310 CMR 15.000 in all
regards. No system serving new construction shall be designed to receive
or shall receive more than 440 gallons of design flow per day per
acre except as set forth at 310 CMR 15.217(2). For any toxic or hazardous
wastes produced in quantities greater than those associated with normal
household use, the applicant must demonstrate the availability and
feasibility of disposal methods which are in conformance with MGL
c. 21C.
4.
Stormwater. The design of on-site stormwater treatment and disposal
systems shall conform with Massachusetts Stormwater Standards in all
regards. All increase in runoff generated on the site shall be recharged
on-site in a manner demonstrated to assure full protection of the
water quality and quantity in the WSPOD. The SPGA may require off-site
disposal of said runoff if it is determined that either on-site recharge
is infeasible because of site conditions or is undesirable because
of risks to water quality from such recharge. Dry wells shall be used
only where other methods are not feasible, and shall be preceded by
oil, grease, and sediment traps to facilitate removal of contaminants.
In addition to the notice otherwise required by statute, the
SPGA shall give written notice of any special permit application within
the WSPOD to the Board of Health, Planning Department, Conservation
Commission, Water, Wastewater, Engineering, Highway, and Building
Departments (individually and collectively, "City Authority") and
request a report and recommendation from each of the same.
1.
In granting a special permit, the SPGA shall impose such additional
conditions and safeguards (e.g., the installation of monitoring wells)
as will protect the water resources of the City of Haverhill.
2.
If any City Authority, within 35 days of the SPGA's request
for comments, opposes the grant of the special permit or recommendations
conditions and limitations on the grant, the SPGA must either follow
such recommendations or state in writing as part of its findings the
reasons for any departures from such recommendations.
In lieu of those criteria set forth in § 10.4.2, the
SPGA may grant a special permit provided that it finds that the proposed
use:
1.
Satisfies the design and operations guidelines set forth in
this section;
2.
Is in harmony with the purposes and intent of this section and
will promote the purposes of the WSPOD;
3.
Is appropriate to the natural topography, soils, and other characteristics
of the site to be developed;
4.
Will not, during construction or thereafter, have an adverse
environmental impact on any water body or watercourse in the district;
and
5.
Will not adversely affect the quality or quantity of an existing
water supply.
To assist its review of applications for special permits, the
SPGA may engage a professional geologist, hydrologist, soil scientist,
or Massachusetts engineer experienced in groundwater evaluation of
hydrogeology to review the application for completeness and accuracy.
The SPGA may retain a professional geologist, hydrologist, soil scientist,
or Massachusetts engineer hereunder for reviewing the applicant's
projections of the impact of the proposed activity on the purposes
of the district, the compliance of the proposed activity with the
criteria set forth herein, verifying or supplementing information
contained in the application, and/or verifying the inclusion of the
subject land within the WSPOD.
1.
If an application submitted to the SPGA does not contain adequate
data, including field and laboratory measurement results and fully
documented calculations, performed or certified by a professional
geologist, hydrologist, soil scientist, or Massachusetts engineer
experienced in groundwater evaluation or hydrogeology, which verifies
groundwater, surface water and drinking water supply information submitted
in support of the application and inclusion of the subject land within
the WSPOD, the SPGA may engage a professional geologist, hydrologist,
soil scientist, or Massachusetts engineer experienced in groundwater
evaluation or hydrogeology to perform analyses and prepare data necessary
to provide the information required by this section and shall charge
the applicant for the cost of providing such information. The SPGA
shall provide the applicant with a statement of work performed and
the cost thereof when charging an applicant hereunder. The SPGA shall
not engage such professional geologist, hydrologist, soil scientist,
or Massachusetts engineer experienced in groundwater evaluation or
hydrogeology unless it notifies the applicant that the information
in the application is not in compliance and provides the applicant
an opportunity to supplement the application with information prepared
by a professional geologist, hydrologist, soil scientist, or Massachusetts
engineer experienced in groundwater evaluation or hydrogeology approved
by the SPGA or is notified by the applicant that the applicant will
not supplement the information.
It is contemplated that in most cases it will be necessary for
the SPGA to hire consultants (e.g., geologists, engineers, etc.) in
connection with the review and evaluation of applications for special
permits under this section as set forth in § 9.2. The reasonable
fees and expenses of such consultants shall be borne by the applicant,
and each application for a special permit hereunder shall contain
an agreement by the applicant to that effect regardless of the decision
on his appeal. In order to ensure such payment by each applicant,
each applicant shall pay an application fee determined by a fee schedule
established by the SPGA and contained in the rules and regulations
of the SPGA, as the same may be amended from time to time. Each application
fee shall be used solely to cover the administrative costs of processing
and reviewing said application, including consultant fees and expenses,
incurred by the SPGA. The SPGA shall refund the applicant the balance
of the application fee, if any, remaining once such costs have been
paid.
Written notice of any violation of this section shall be given
by the Building Inspector to the responsible person in accordance
with § 10.1. Notice to the assessed owner of the property
shall be deemed notice to the responsible person. A copy of such notice
shall be submitted to the Building Inspector, the Board of Health,
the Water Department, and the Conservation Commission.
1.
The Waterfront District (WD) is a comprehensive zoning district
for the City's waterfront area. The City of Haverhill's waterfront
was once an active place for boating and water-dependent uses. This
zoning district recaptures that active place and encourage connections,
both visually and physically, from the downtown to the waterfront.
A major objective of the district is to expand upon the existing rail
trail and create a waterfront walkway connecting the downtown and
the Bradford side of the Merrimack River.
2.
The Waterfront District encompasses sections of the downtown
along the north side of the Merrimack River and the area located on
the south (Bradford) side of the Merrimack River. There is currently
no connection, either visually or physically, between the Bradford
side of the Merrimack River and the rest of the downtown. This district
creates standards and provides developers with incentives to create
a connection for both sides of the river.
3.
The Waterfront District has standards for the entire district
and also creates sub-zones that will contain standards specific to
each zone. Each sub-zone encourages uses that are appropriate for
the zone. Under the umbrella of the Waterfront District, each of the
sub-zones contains goals and standards that will create a comprehensive
vision for the waterfront. Together, each of the subzones includes
goals for either developing affordable housing, market-rate housing,
mixed-use development, artist live/work space, retail/office, higher
educational uses, water-dependent uses, and high- and low-density
residential. The major objectives of the district are to:
a.
Promote public access to and along the Merrimack River.
b.
Promote new view corridors and protect existing view corridors
to the Merrimack River.
c.
Promote physical and visual connections between both the north
and south sides of the Merrimack River and the downtown.
d.
Link the Merrimack River with street edges to maintain adequate
pedestrian circulation and views of both the street and the river.
e.
Provide the maximum public benefit in any new development or
redevelopment of land along the Merrimack River.
f.
Regain an active waterfront.
g.
Create development nodes in order to plan for a comprehensive
waterfront.
h.
Create diversity of housing opportunities along the waterfront
and within the downtown.
i.
Create an artist community and promote artist live/work space
in the downtown and along the waterfront.
j.
Create a retail and restaurant base that downtown residents
can utilize.
k.
Facilitate development of a mix of uses that contributes to
a vibrant business environment and increases street level activity.
l.
Ensure that existing and future development contributes to a
continuous and active street that addresses the contextual, human-scale,
mixed-use, and pedestrian-friendly needs of the downtown.
m.
Create new jobs at a variety of income levels.
n.
Encourage the reuse of existing buildings and the construction
of new, innovative designs that enhance the area.
o.
Redevelop vacant or underutilized land with appropriately dense
development.
p.
Promote pedestrian activity in the downtown.
q.
Encourage neighborhood and cultural tourism uses as well as
infill housing and rehabilitation of existing structures.
The Waterfront District, hereinafter referred to as the "WD,"
consists of land as shown on the "Zoning with Watershed & Index
Map," dated 2017, prepared by the City's Engineering Department.
See "Waterfront District" in Section 11.0.
Sub-zones are established for this district in order to preserve,
maintain, and promote a diversity of housing stock and commercial
establishments in the City's downtown and waterfront area. There will
be eight sub-zones included in this district. The sub-zones are as
follows:
1.
Sub-Zone A: Washington Street Area. The goal of this sub-zone
is to meet the objectives as set forth in the existing Downtown Smart
Growth Overlay District, particularly the creation of affordable housing.
Sub-Zone A will follow the standards and requirements of the Downtown
Smart Growth Overlay District.
2.
Sub-Zone B: South side of Merrimack Street Adjacent to the Merrimack
River. The goal of this sub-zone is to meet the objectives as set
forth in the existing Merrimack Street Gateway Renaissance Overlay
District, particularly to foster a range of housing opportunities
along with mixed-use development components, including, among others,
distinctive retail, education and education-based uses, performing
arts, media and graphics arts, offices, and restaurants. Sub-Zone
B will follow the standards as set forth in the Merrimack Street Gateway
Renaissance Overlay District. All projects proposed will adhere to
the requirements of the Merrimack Street Gateway Renaissance Overlay
District.
3.
Sub-Zone C: North side of Merrimack Street. The goal of this
sub-zone is to create a lively area where artists can both live and
work and to create a vibrant and active portion of the downtown.
4.
Sub-Zone D: Water Street. The goals of this sub-zone are to
create a vibrant and active entrance into the downtown; to create
view corridors from the street to the Merrimack River; and to create
an active waterfront.
5.
Sub-Zone E: 100 South Kimball Street (Paperboard Site). The
goals of this sub-zone are to allow flexibility in development of
large tracts of land and to provide for a residential development
combined with a mix of uses that relate to and enhance the waterfront
area. Furthermore, development in this sub-zone should provide access
and useable open space along the Merrimack River.
6.
Sub-Zone F: Business Section of the South Side of the Merrimack
River (Bradford). The goals of this sub-zone are to create an active
waterfront along the Merrimack River; to continue the rail trail along
the Merrimack River; to create connections, both visually and physically,
to the downtown; and to create a lively area where artists can both
live and work.
7.
Sub-Zone G: Residential Section of the South Side of the Merrimack
River (Bradford). The goals of this sub-zone are to provide open space
and access to the Merrimack River; to improve the existing rail trail
along the Merrimack River; and to provide a low-density housing option
in close proximity to the downtown.
8.
Sub-Zone H: North Side of Railroad Avenue (including the Orenstein
site). The goals of this sub-zone are to create a residential node
which complements the downtown and the adjacent commuter rail station.
Furthermore, development in this sub-zone should ensure the continuation
of visual corridors to the Merrimack River and extend upon the existing
rail trail.
These guidelines shall apply to development in the entire district.
Furthermore, these guidelines are not intended to inhibit design creativity
or discourage innovative architectural design solutions. Rather, they
provide general standards for building massing, siting, and articulation.
It is understood that buildings and structures may not be able to
comply with all of the following guidelines, but buildings and structures
should comply if it is physically possible. For projects located in
the WD, the following design guidelines shall apply:
1.
Retail, restaurant and other lively pedestrian-friendly uses
are encouraged, particularly on the ground floor, except in Sub-Zones
E, F, G and H where projects providing 100% residential development
are encouraged.
2.
Residential and office space shall be placed on upper floors,
not on the first floor or street level, except in Sub-Zones E, F,
G and H where projects providing 100% residential development are
encouraged.
3.
Installation of public art is encouraged in order to add visual
interest and distinguishing features to landscaped or other public
areas.
4.
Buildings on a corner lot should be set to the corner of the
front and side lot lines, with no setback.
5.
Blank walls without windows or entrances facing onto pedestrian
areas and/or alleyways shall be avoided to the extent possible.
6.
Site lighting should be considered an integral element of the
landscape design of a property. It should help define activity areas
and provide interest at night. At the same time, lighting should facilitate
safe and convenient circulation for pedestrians, bicyclists and motorists.
Overspill of light and light pollution should be avoided.
7.
Outdoor seating/dining throughout the district is encouraged,
particularly along the Merrimack River and within the downtown area.
8.
Development should be designed to complement and harmonize with
adjacent land uses (existing and proposed) with respect to architecture
and scale.
9.
The standard architectural designs of regional or national businesses
shall be modified in such a way so as to be compatible with the scale
and massing of the adjacent land uses (existing and proposed).
10.
All development should be designed to facilitate, accommodate,
and encourage use by pedestrians, as much as, if not more so than,
use by motorized vehicles.
11.
Parking facilities should be appropriately screened from both
pedestrian walkways and the Merrimack River as to not deter activity
in these areas.
12.
Drive-through facilities should not have driveways entering
or exiting over the main frontage sidewalk.
13.
Rooftop solar panels are encouraged throughout the district,
except in Sub-Zones A, B, and C.
The uses permitted and those uses permitted by special permit
in the WD shall be as set forth in Table 5, entitled "Table of Uses
for the Waterfront District," set forth below.[1]
[1]
Editor's Note: The Table of Uses for the Waterfront District is included as an attachment to this chapter.
The following uses are specifically prohibited in the WD:
1.
Septic system repair facility.
2.
Solid waste disposal facility.
3.
Salvage yard.
4.
Self-storage facility.
5.
Warehousing and distribution facility.
6.
Motor vehicle service station (fuel sales).
7.
Motor vehicle general and body repair.
8.
Motor vehicle sales.
9.
Motor vehicle car wash.
10.
Seasonal dry storage of recreational vehicles on land for periodic
use in the water during active boating season.
11.
Solar farm.
The following uses are specifically exempt from the use regulations
of this section:
In addition to any standards and criteria set forth elsewhere
in this chapter, the following standards shall apply for all projects,
in every sub-zone constructed in the Waterfront District, with the
exception of the construction of a single- or two-family structure.
These standards are required to be met in order to receive approval:
1.
Physical access to or along the Merrimack River shall be provided
pursuant to MGL c. 40, s. 9. The ordinance shall be interpreted so
as to encourage physical access by the public to the Merrimack River
and to discourage developments which prevent or block physical access
to the river. Any property that has a property boundary that abuts
the Merrimack River shall provide the City with an easement or other
legal mechanism at either the water's edge or in close proximity to
the Merrimack River depending on the topography of the area. The easement
shall include a twenty-five-foot minimum temporary construction easement
and a fifteen-foot minimum access easement within the boundaries of
the temporary construction easement. Both easements shall be provided
for the entire length of the property line or lines adjacent to the
Merrimack River. Neither the temporary construction easement nor the
access easement is required to be improved/constructed.
2.
Visual corridors shall be provided to or along the Merrimack
River. The visual corridors are not required to be open to the public
and may contain trees or parking lots.
3.
Primary building entrances shall be oriented toward the street,
but buildings shall also have entrances facing the Merrimack River,
which are subordinate in character and scale to the street entrance.
For this purpose, "subordinate" shall mean that the entrance is smaller
in height and width, and has fewer or simpler architectural elements.
4.
All new buildings shall be constructed at the street edge with
no front setback in order to complete the streetwall, except in Sub-Zones
E and G where a front setback is required.
5.
Dumpsters, utility meters, mechanical units and service/loading
areas shall be screened from view of both pedestrian areas and the
Merrimack River. Furthermore, they shall not be located in the pedestrian
right-of-way.
6.
Professional or artist live/work units shall be designed to
meet the specific needs of the artist occupants, such as, but not
limited to, the following: doorways and hallways should be oversize
width to accommodate the moving of large objects; floors should be
constructed to provide extra weight-bearing capacity; floors do not
need to be finished; ceiling heights should allow for the creation
of large works and equipment, including machinery and lighting.
7.
Adequate municipal services shall be provided, including water,
sewer, drainage, parks, and open space.
8.
Public facilities and services shall be provided that are adequate
to support the proposed development, such as schools, fire, emergency
services, and police.
9.
Adequate access points (ingress and egress) and routes to and
from the property shall be provided to adjoining streets and ways
so as to not cause a negative traffic impact.
10.
Mitigation shall be provided to create an adequate traffic circulation
system in order to insure proper traffic control and to minimize hazards
to public health and safety as a result of traffic.
If a project proposed within the Waterfront District meets all
of the requirements of one of the preferred projects listed, the project
shall receive an expedited review in accordance with the procedure
section of the WD:
1.
Projects located in Sub-Zones A, D, F, and H that provide improved
public access to the Merrimack River from the parcel. Improved public
access shall include the construction of pathways/walkways along the
entire length of the property line adjacent to the Merrimack River,
construction of pathways/walkways from the street to the Merrimack
River, useable open space or parks and/or a fee in lieu of the future
construction of pathways/walkways. The location and design of any
pathways/walkways, open space, or parks shall be approved by the Economic
Development Director and in keeping with the City's rail trail design.
If the access is improved, the minimum twenty-five-foot temporary
construction easement as required shall not be provided.
2.
Projects located in Sub-Zones C and F that provide a minimum
of 80% of the units as artist live/work space.
3.
Projects located in Sub-Zone C that provide the development
of two or more dwelling units as part of a mixed-use structure. The
residential dwelling units must be located in the upper floors of
a structure which is otherwise used for office, retail and/or restaurant
uses on the ground floor.
4.
Projects located in Sub-Zones C, D, F, and G that provide a
minimum of 80% of the total residential units as market-rate housing
and not restricted by income.
The density regulations within the Waterfront District shall
be as follows:
1.
Sub-Zone A. The density in Sub-Zone A shall follow the standards
as set forth in the Downtown Smart Growth Overlay District.
2.
Sub-Zone B. The density in Sub-Zone B shall follow the standards
as set forth in the Merrimack Street Gateway Renaissance Overlay District.
3.
Sub-Zone C. The density in Sub-Zone C shall be 120 residential
units per acre.
4.
Sub-Zone D. The density in Sub-Zone D shall be 30 residential
units per acre.
5.
Sub-Zone E. The density in Sub-Zone E shall be 20 residential
units per acre.
6.
Sub-Zone F. The density in Sub-Zone F shall be 20 residential
units per acre.
7.
Sub-Zone G. The density in Sub-Zone G shall be 20 residential
units per acre.
8.
Sub-Zone H. The density in Sub-Zone H shall be 20 residential
units per acre.
The approval authority may award an additional density bonus
to increase the number of dwelling units beyond the maximum number
permitted in the WD. An additional density bonus may be awarded in
the following circumstances:
1.
In Sub-Zone D, a maximum of 70 units per acre shall be permitted
when a project provides improved public access to the Merrimack River
and a public park. The size and design of the park must be approved
by the Economic Development Director.
2.
In Sub-Zone E, a maximum of 40 units per acre shall be permitted
when a project provides the following:
a.
A public walkway along the entire property line that is adjacent
to the Merrimack River.
b.
A public park on site. The size and design of the park must
be approved by the Economic Development Director.
c.
A water-dependent use on site. The water-dependent use can be
a marina, boat/kayak rental, or a restaurant with outdoor seating
adjacent to the Merrimack River. The use must be approved by the Economic
Development Director.
3.
In Sub-Zone F, a maximum of 40 units per acre shall be permitted
when a project proposes to substantially rehabilitate an existing
building into residential housing or artist live/work space.
4.
In Sub-Zone H, a maximum of 40 units per acre shall be permitted
when a project provides a public park on site. The area, location,
and amenities included in the park must be approved by the Economic
Development Director.
The dimensional regulations for the district are as follows:
1.
The dimensional regulations for Sub-Zone B shall follow § 9.5.8
of the Merrimack Street Gateway Renaissance Overlay District.
2.
There are no dimensional regulations for Sub-Zones A, C, D,
F, and H, except that the maximum height of any structures in Sub-Zones
A, C, D, and H is 74 feet and the maximum height of any structures
in Sub-Zone F is 55 feet.
3.
The dimensional requirements for Sub-Zone E are as follows:
a.
Minimum lot area: N/A.
b.
Minimum lot frontage: 100 feet.
c.
Maximum building coverage: N/A.
d.
Minimum open space: 20%.
e.
Minimum width of side yard: 20 feet.
f.
Minimum width of front yard: 25 feet.
g.
Minimum width of rear yard: N/A.
h.
Maximum height of buildings: 74 feet.
i.
Maximum stories: six stories.
j.
Floor to area ratio (FAR): 3.
4.
The dimensional requirements for Sub-Zone G are as follows:
a.
Minimum lot area: N/A.
b.
Minimum lot frontage: 100 feet.
c.
Maximum building coverage: N/A.
d.
Minimum open space: 20%.
e.
Minimum width of side yard: 20 feet.
f.
Minimum width of front yard: 25 feet.
g.
Minimum width of rear yard: 40 feet.
h.
Maximum height of buildings: 40 feet.
i.
Maximum stories: three stories.
j.
Floor to area ratio (FAR): two.
All signage shall follow the requirements as set forth in § 6.1
of this chapter. In addition, projects in the WD must meet the following:
Any application for signage or awnings on Merrimack Street under the
waterfront zoning ordinance shall require design review and approval
by the Planning Director prior to the issuance of permits to ensure
compliance with the ordinance. The Building Inspector shall forward
permit applications and not issue permits for signage without prior
approval of the Planning Director. The Planning Director may engage
peer review of the signage application, if warranted, to ensure compliance
with the ordinance.
1.
Signs.
a.
One wall sign or one two-sided projecting sign for each building
frontage of each establishment shall be permitted.
b.
All signs within the WD shall have a total sign area of one
square foot for each lineal foot of respective individual store or
establishment frontage, not to exceed a area of 45 square feet.
c.
For buildings that have rear frontage on either Wall Street
or the Merrimack River, those buildings shall be permitted one additional
sign per establishment that has access from the rear of the building.
The maximum area of such rear sign shall not exceed 50% of the maximum
area permitted for a front sign of the same establishment in the building
and shall not be counted toward the total signage permitted for the
building.
d.
All signs shall reinforce the architectural integrity of any
building.
e.
Signage design should respect buildings' context and be oriented
to pedestrians.
f.
Wall signs shall be placed no higher than the first floor of
a building in order to achieve a pedestrian scale in the downtown.
g.
Light sources from externally illuminated signs shall not be
visible or create a glare.
h.
Illuminated signs shall require special approval of the PAA.
i.
Electric/electronic signs shall require special approval of
the PAA.
j.
All two-sided projecting signs shall be mounted perpendicular
to the storefront and shall not extend above the parapet wall of the
storefront building.
k.
Roof signs are prohibited.
l.
No freestanding permanent signs are permitted in the WD.
2.
Awnings.
a.
Awnings shall be designed to project over individual window
and door openings and not project as a single continuous feature extending
over architectural piers or arches.
b.
The lowest point of any awning shall be a minimum of eight feet
above the sidewalk or ground over which it projects.
c.
Text and graphics shall comprise of no more than 20% of the
total exterior surface of the awning face and valance.
d.
The percentage of text and graphics on an awning shall also
count toward the overall tenant space's square footage allowance for
signs.
e.
Valances shall be no more 10 inches in height.
f.
Text and graphics on a valance shall be no larger than eight
inches. There shall remain one inch of negative space on the top and
bottom of a valance.
g.
Awning materials with reflective or shiny finishes are prohibited.
h.
Architectural fabric, in a matte finish, suitable for outdoor
use must be used and shall cover the front of the awning frame.
i.
The awning frame shall be constructed of steel or aluminum.
j.
Awnings cannot contain backlit graphics or be backlit from the
interior of the awning.
3.
Conflict. If any of the above conflict or is more restrictive
than a regulation as set forth in § 6.2, the above shall
apply.
1.
The parking requirements in Sub-Zone B shall follow the regulations
as set forth in the Merrimack Street Gateway Renaissance Overlay District.
2.
There is no off-street parking requirement in Sub-Zones A, C,
and D except for the following:
|
Use
|
Parking Requirement
|
|---|---|
|
Multifamily residential
|
1 parking space per unit
|
|
Artist live/work unit
|
1 parking space per unit
|
3.
The parking requirements in Sub-Zones E, F, G, and H are as
follows:
|
Use
|
Parking Requirement
|
|---|---|
|
Multifamily residential
|
1.5 parking spaces per unit
|
|
Artist live/work unit
|
1.5 parking space per unit
|
|
Galleries
|
1 space for every 250 square feet of gross floor area
|
|
Retail use primarily serving the local retail businesses or
service the needs of the neighborhood, including but not limited to
barber/beauty shop, shoe repair shop, self-service laundry, pickup
or delivery station of laundry or dry cleaning, or tailor shop
|
1 space for each 200 square feet of gross floor area
|
|
Retail use selling 1 or more of the following, but not limited
to: food, baked goods, groceries, clothing, dry goods, books, art,
flowers, paint, hardware, and minor household appliances
|
1 space for each 200 square feet of gross floor area
|
|
Retail uses exceeding 50,000 square feet of gross floor area
|
1 space for each 200 square feet of gross floor area
|
|
Restaurant, coffee shop, diner, luncheonette and/or sandwich
shop (non-drive-through) with outdoor seating oriented toward the
river where applicable
|
1 space for every 3 seats
|
|
Bar (no live entertainment and/or dancing)
|
1 space for every 3 seats
|
|
Dairy or ice cream bar (non-drive-through window)
|
1 space for every 3 seats
|
|
Bank and/or other financial institutions (with or without a
drive-through)
|
1 space for each 250 square feet of gross floor area
|
|
Inn, hotel, or bed-and-breakfast establishment
|
1 space per unit
|
|
Marinas
|
0.6 space per recreational slip and 1 space per commercial slip
|
|
General office uses unless otherwise specified
|
1 space for each 300 square feet of gross floor area
|
|
Professional offices - accountant's office, architect's and/or
engineer's office, attorney's office, dentist's office, insurance
office, medical clinic, real estate office
|
1 space for each 250 square feet of gross floor area
|
|
Churches and other places of worship
|
1 space for each 4 seats at design capacity
|
|
Nonprofit educational facility which is religious, sectarian,
denominational or public, not to include any student living quarters
or any type of trade school or nursery school
|
2 per classroom in an elementary school; 3 per classroom in
a middle and junior high school; 4 per classroom, plus 1 space for
every 4 seats of the total seating capacity of the auditorium or gymnasium,
whichever has the largest capacity, in a senior high school
|
|
City governmental building (unless otherwise specified)
|
1 space for each 300 square feet of gross floor area
|
|
City auditorium
|
1 space for each 4 seats at design capacity
|
|
Historical association or society
|
1 space for each 300 square feet of gross floor area
|
|
Hospital
|
1.25 per bed at design capacity
|
|
Membership clubs, lodges and/or societies
|
1 space for every 3 seats
|
|
Indoor recreational facility or sports facility
|
1 space for each 300 square feet of gross floor area
|
|
Cultural uses such as a library, museum, gallery, concert hall,
theater, auditorium, performance space, aquarium, or historical exhibit
open to the public generally
|
1 space for each 250 square feet of gross floor area
|
|
Professional and/or business schools for profit (includes dance,
music, art, other professional and/or business schools)
|
2 per classroom in an elementary school; 3 per classroom in
a middle and junior high school; 4 per classroom, plus 1 space for
every 4 seats of the total seating capacity of the auditorium or gymnasium,
whichever has the largest capacity, in a senior high school
|
4.
The parking requirements may be accommodated by either providing
parking on site or off site or a combination of on-site parking and/or
parking at municipal or other parking facilities in the vicinity of
the proposed use.
5.
If the required parking is provided on site, the design of the
parking shall conform to the specifications as set forth in § 6.1.4
of the Zoning Ordinance. In addition, on-site parking areas shall
meet the following requirements:
a.
Parking and loading areas shall be hidden from view from public
ways. Parking lots are not permitted in the front of buildings and
should be located at the side or rear of a lot or in concealed structures,
wherever possible.
b.
Parking and loading areas shall be suitably screened visually
from the street and abutters. Any views into parking areas shall be
minimized through use of landscaping or architectural treatment.
c.
Parking areas shall provide pedestrian walkways and connections
to the sidewalk system.
6.
If the required parking is provided at municipal or other parking
facilities, the following requirements must be met:
a.
The parking facility must be less than 1,000 feet from the proposed
development, the distance to be measured in a straight line from the
two closest points between the proposed use and the parking facility.
b.
If using a municipal facility, the owner must purchase parking
stickers from the City if available or lease the required number of
spaces to satisfy the parking requirement.
1.
The required amount of parking may be reduced at the discretion
of the PAA upon showing that the lesser amount of parking will not
cause excessive congestion, endanger public safety, or that the lesser
amount of parking will provide positive environmental or other benefits.
The Plan Approval Authority may consider:
a.
The availability of surplus off-street parking in the vicinity
of the use being served and/or the proximity of a bus or a MBTA transit
station.
b.
The availability of public or commercial parking facilities
in the vicinity of the use.
c.
Shared use of off-street parking spaces serving other uses having
peak user demands at different times.
d.
Age, income or other characteristics of the likely applicants
which are likely to result in a lower level of auto usage.
e.
Such other factors as may be considered by the Approval Authority,
including whether the reduction of the parking requirement is likely
to encourage the use of public transportation or encourage a proposed
development to be more pedestrian friendly.
2.
If one or more is applicable and the PAA determines it is in
the best interest of the City, a reduction in the parking requirements
can be approved.
Any off-street parking required by this section in Sub-Zone
E for any building or use may be included as part of any off-street
parking area similarly required for another building or use on the
same site only when the type of buildings or uses indicate that the
usage of such parking area would not occur simultaneously, as determined
by the Economic Development Director.
1.
In Sub-Zone A, any application for plan approval shall meet
the requirements for the Downtown Smart Growth Overlay District.
2.
In Sub-Zone B, any application for plan approval shall meet
the regulations as set forth in § 255-146 of the Merrimack
Street Gateway Renaissance Overlay District.
3.
Applications in all other sub-zones shall meet the following:
a.
Required submittals: by-right (site plan review - major) and
special permit plan approval. The application for plan approval, either
by-right (major) or special permit, shall be accompanied by 20 copies
of the following plans and documents, which shall demonstrate consistency
with the standards as set forth in this WD. All site plans shall be
prepared by a certified architect, landscape architect, and/or civil
engineer registered in the Commonwealth of Massachusetts. All building
elevations shall be prepared by a certified architect registered in
the Commonwealth of Massachusetts. All plans shall be signed and stamped,
and drawings prepared at a scale of one inch equals 40 feet or larger,
or at a scale as approved in advance by the Plan Approval Authority,
and shall show the following:
(1)
The perimeter dimensions of the lot; Assessor's
Map, lot and block numbers.
(2)
All existing and proposed buildings, structures,
building setbacks, parking spaces, driveway openings, distance between
buildings, plan view exterior measurements of individual buildings,
driveways, service areas and open areas.
(3)
Internal roads, sidewalks and parking areas (width
dimensions of paving and indication of number of parking spaces).
(4)
All facilities for sewage, refuse and other waste
disposal and for surface water drainage.
(5)
All proposed landscaping features, such as fences,
walls, planting areas and walks on the lot and tract.
(6)
Existing major natural features, including streams,
wetlands and all trees six inches or larger in caliper. (Caliper is
girth of the tree at approximately waist height.)
(7)
Scale and North arrow (minimum scale of one inch
equals 40 feet).
(8)
Total site area in square footage and acres and
area to be set aside as public open space, if appropriate.
(9)
The proposed residential density in terms of dwelling
units per acre and types of proposed commercial uses in terms of the
respective floor area, and recreation areas, and number of units proposed
by type: number of one-bedroom units, two-bedroom units, etc., if
appropriate.
(10)
Location sketch map (indicate surrounding streets
and properties and any additional abutting lands owned by the applicant).
(11)
Representative elevation sketches of buildings.
(Indicate height of building and construction material of the exterior
facade.)
(12)
Typical unit floor plan for residential uses.
(Floor plan should be indicated for each type of unit proposed: either
one bedroom, two bedrooms or more.) The area, in square feet, of each
typical unit should be indicated.
(13)
Developer's (or his representative's) name, address
and phone number.
(14)
Any other information, which may include a required
traffic, school, and/or utilities impact study in order to adequately
evaluate the scope and potential impacts of the proposed project.
b.
Rehabilitation plan:
(1)
For those buildings where living quarters are to
be rehabilitated or areas to be converted into living quarters, in
addition to the required site plan, nine copies of the following described
plan shall be furnished:
(a)
A floor plan of each floor on which remodeling
is to be done or areas converted in living quarters.
(b)
A floor plan showing the stairways, halls, door
openings into the halls and exit doors of each floor or floors where
remodeling or converting is to be done.
(c)
An elevation of the parts of the building where
outside stairways or fire escapes are to be located. The plans and
elevations shall be clearly illustrated. The size of each plan shall
be 11 inches by 17 inches or 22 inches; it shall be drawn to a scale
of 1/4 inch equals one foot.
(2)
By-right (site plan review - minor) plan approval.
The application for plan approval shall be accompanied by seven copies
of a site plan. All site plans shall show the following:
(a)
The perimeter dimensions of the lot; Assessor's
Map, lot and block numbers.
(b)
All existing and proposed buildings, structures,
building setbacks, parking spaces, driveway openings, distance between
buildings, plan view exterior measurements of individual buildings,
driveways, service areas and open areas.
(c)
Internal roads, sidewalks and parking areas (width
dimensions of paving and indication of number of parking spaces).
(d)
All facilities for sewage, refuse and other waste
disposal and for surface water drainage.
(e)
All proposed landscaping features, such as fences,
walls, planting areas and walks on the lot and tract.
(f)
Existing major natural features, including streams,
wetlands and all trees six inches or larger in caliper. (Caliper is
girth of the tree at approximately waist height.)
(g)
Scale and North arrow (minimum scale of one inch
equals 40 feet).
(h)
Total site area in square footage and acres and
area to be set aside as public open space, if appropriate.
(i)
Any other information which may include required
traffic, school, and/or utilities impact study and in order to adequately
evaluate the scope and potential impacts of the proposed project if
deemed necessary by the Economic Development Director.
(j)
Developer's (or his representative's) name, address
and phone number.
1.
Filing.
a.
An applicant for special permit plan approval or by-right (site
plan review - major) shall file 30 copies of the application and all
required submittals, including notice of the date of filing, with
the City Clerk on behalf of the PAA.
b.
An applicant for by-right plan (site plan review - minor) approval
shall file the application and all required submittals, including
notice of the date of filing, with the City Clerk. The applicant shall
also file 20 copies of the application and the other required submittals
with the Economic Development Director on behalf of the PAA.
c.
An applicant for by-right (site plan review - minor) plan approval
shall file the application and all required submittals with the Economic
Development Director.
2.
Circulation to Other Boards.
a.
Upon receipt of the application for special permit plan approval
or by-right (site plan review - major) plan approval, the City Clerk
shall immediately provide a copy of the application materials to the
City Council, the Planning Board, the Board of Appeals, the Board
of Health, the Conservation Commission, the Fire Department, the Police
Department, the Building Commissioner, the Department of Public Works,
the Economic Development Department, and the Community Development
Division. Furthermore, the Economic Development Director or City Clerk
may obtain comments pertaining to design from an architect if deemed
necessary by the Economic Development Director. Any such board, agency,
or officer shall provide written comments within 60 days of its receipt
of a copy of the plan and application for approval, or within 30 days
of such receipt in the case of a preferred project. Furthermore, the
Economic Development Director shall determine within 10 days of receipt
of either a by-right or special permit application whether the project
described in the application constitutes a preferred project and shall
inform the applicant of such.
b.
In the case of a by-right (site plan review - minor) plan approval,
the Economic Development Director shall immediately provide a copy
of the application materials to the Board of Health, the Conservation
Commission, the Fire Department, the Police Department, the Building
Commissioner, the Department of Public Works, the Economic Development
Department, and the Community Development Division. Furthermore, the
Economic Development Director or City Clerk may obtain comments pertaining
to design from an architect if deemed necessary by the Economic Development
Director. The departments shall provide comment within 30 days or,
in the case of a preferred project, within 15 days. Furthermore, the
Economic Development Director shall determine within 10 days of receipt
of the application materials whether the project described in the
application constitutes a preferred project and shall inform the applicant
of such.
3.
Hearing for By-Right (Site Plan Review - Major) or Special Permit.
For a by-right (site plan review - major) or special permit, the PAA
shall hold a public hearing for which notice has been given as provided
in MGL c. 40A, § 11. The decision of the PAA shall be made,
and a written notice of the decision filed with the City Clerk, within
120 days of the receipt of the application by the City Clerk, or within
75 days of the receipt of the application by the City Clerk in the
case of a preferred project. The required time limits for such action
may be extended by written agreement between the applicant and the
PAA, with a copy of such agreement being filed in the office of the
City Clerk. Failure of the PAA to take action within said 120 days,
or 75 days, in the case of a preferred project, or extended time,
if applicable, shall be deemed to be an approval of the application
and site plan.
4.
Review for By-Right Plan (Site Plan Review - Minor). Review
for by-right (site plan review - minor) shall be conducted at a regular
meeting of the Planning Board.
1.
Waivers. Except where expressly prohibited herein, upon the
request of the applicant, the PAA may waive dimensional and other
requirements of this article in the interests of design flexibility
and overall project quality, and upon a finding of consistency of
such variation with the overall purpose and objectives of the WD or
if the PAA finds that such waiver will allow the project to better
achieve the intent and overall purposes of this article.
2.
Special Permit Plan Approval. An application for special permit
plan approval shall be reviewed for consistency with the purpose and
intent of this section and shall follow the requirements as set forth
in this Zoning Ordinance for approval of a special permit by the City
Council.
3.
By-Right Plan (Site Plan Review - Major) Approval.
a.
An application for by-right (site plan review - major) approval
shall be reviewed for consistency with the purpose and intent of this
article, and such plan review shall be construed as an as-of-right
review and approval process.
b.
Plan approval shall be granted where the PAA finds by vote of
the City Council that:
(1)
The applicant has submitted the required fees and
information as set forth in this § 9.3.
(2)
The project and site plan meet the requirements
and standards as set forth in this § 9.3 or a waiver has
been granted therefrom.
(3)
Extraordinary adverse potential impacts of the
project on nearby properties have been adequately mitigated.
c.
If all of the above requirements are not met, the plan shall
not be approved.
4.
By-Right Plan (Site Plan Review - Minor) Approval. An application
for by-right (site plan review - minor) approval shall be reviewed
for consistency with the purpose and intent of this § 9.3,
and such plan review shall be construed as an as-of-right review and
approval process. The PAA shall provide the applicant with a decision
within 40 days of the receipt of the application or, in the case of
a preferred project, within 25 days.
5.
Form of Decision.
a.
By-right (site plan review - major) or special/permit plan approval.
The PAA shall issue to the applicant a copy of its decision for a
by-right (major) or special permit plan approval containing the name
and address of the owner, identifying the land affected, and the plans
that were the subject of the decision and certifying that a copy of
the decision has been filed with the City Clerk and that all plans
referred to in the decision are on file with the PAA. If 20 days have
elapsed after the decision has been filed in the office of the City
Clerk without an appeal having been filed or if such appeal having
been filed is dismissed or denied, the City Clerk shall so certify
on a copy of the decision. If a site plan is approved by reason of
the failure of the PAA to timely act, the City Clerk shall make such
certification on a copy of the application. A copy of the decision
or application bearing such certification shall be recorded in the
registry of deeds for the county and district in which the land is
located and indexed in the grantor index under the name of the owner
or record or recorded and noted on the owner's certificate of title.
The fee for recording or registering shall be paid by the applicant.
b.
By-right plan (site plan review - minor) approval. The PAA shall
issue to the applicant a copy of the decision for by-right plan (minor)
approval containing the name and address of the owner, identifying
the land affected, and the plans that were the subject of the decision.
1.
Minor Change. After either by-right or special permit plan approval,
an applicant may apply to make minor changes involving minor utility
or building orientation adjustments, lighting or facade adjustments,
or minor adjustments to parking, landscaping, or other site details
that do not affect the overall massing, final build-out or building
envelope of the site and do not materially affect the open space from
that shown on the previously approved site plan and do not increase
the number of dwelling units in the project in the aggregate form
that was provided in the original plan approval. Plans showing such
minor changes and an application must be submitted to the Economic
Development Director. The Economic Development Director shall make
a determination as to whether the changes constitute a minor change
and may authorize such changes, in writing, to the applicant. The
Economic Development Director shall set forth any decision to approve
or deny such minor changes, in writing, within 30 days after the applicant
has filed its application and shall provide a copy of its decision
to the applicant for filing with the City Clerk.
2.
Major Change. Those changes deemed by the Economic Development
Director to constitute a major change because of the nature of the
change in relation to the prior approved plan or because such change
cannot be appropriately characterized as a minor change as described
above, shall be processed by the PAA as a new application for by-right
(site plan review - major) approval or special permit plan approval
pursuant to this article.
The provisions of the WD shall be administered by the Building
Inspector, except as otherwise provided herein. Any appeal arising
out of action by the PAA regarding application for a by-right plan
approval shall be governed by the provisions of MGL c. 40A applicable
to as-of-right projects which have been subject only to a nondiscretionary
site plan review not involving or requiring any special permit and
shall be made to a court of competent jurisdiction as set forth in
MGL c. 40A, § 17. Any other request for enforcement or appeal
regarding an application for a special permit plan approval arising
under this article shall be governed by the applicable provisions
of MGL c. 40A.
If any provision of this article is found to be invalid by a
court of competent jurisdiction, the remainder of § 9.3
shall remain in full force. The invalidity of any provision of this
§ 9.3 shall not affect the validity of the remainder of
the City's Zoning Ordinance.
The Medical Marijuana Overlay District (MMOD) is established
as an overlay district. The boundaries of the MMOD are shown on the
Zoning Map on file with the City Clerk. Within the MMOD, all requirements
of the underlying district(s) remain in effect, except where these
regulations provide an alternative to such requirements. Land within
the MDOD may be used either for 1) a registered marijuana dispensary
("RMD"), in which case the requirements set forth in this section
shall apply; or 2) a use allowed in the underlying district, in which
case the requirements of the underlying district shall apply. If the
provisions of the MMOD are silent on a zoning regulation, the requirements
of the underlying district shall apply. If the provisions of the MMOD
conflict with the requirements of the underlying district, the requirements
of the MMOD shall control.
The purpose of this section is to provide for the placement of RMDs, in accordance with the Humanitarian Medical Use of Marijuana Act, MGL c. 94C, App. § 1-1 et seq., in locations suitable for lawful medical marijuana facilities and to minimize adverse impacts of RMDs on adjacent properties, residential neighborhoods, historic districts, schools, playgrounds and other locations where minors congregate by regulating the siting, design, placement, security, and removal of RMDs.
See "Medical Marijuana Overlay District" in Section 11.0.
1.
RMDs may be permitted in the MMOD pursuant to a special permit.
2.
RMDs may not be located within 500 linear feet of the following:
a.
School, including a public or private elementary, vocational,
or secondary school or a public or private college, junior college,
or university;
b.
Child-care facility;
c.
Library;
d.
Playground;
e.
Public park;
f.
Youth center;
g.
Public swimming pool;
h.
Video arcade facility; or
i.
Similar facility in which minors commonly congregate.
3.
The distance requirement may be reduced by 25% or less, but
only if:
a.
The applicant demonstrates that the RMD would otherwise be effectively
prohibited within the municipality.
b.
The applicant demonstrates that the RMD will employ adequate
security measures to prevent diversion of medical marijuana to minors
who are not qualifying patients pursuant to 105 CMR 725.004.
The City Council shall be the special permit granting authority
(SPGA) for a RMD special permit. The application shall include:
1.
A copy of its registration as a RMD from the Massachusetts Department
of Public Health (DPH);
2.
A detailed floor plan of the premises of the proposed RMD that
identifies the square footage available and describes the functional
areas of the RMD, including areas for any preparation of MIPs;
3.
Detailed plans that include the following information:
a.
Compliance with the requirements for parking and loading spaces,
for lot size, frontage, yards and heights and coverage of buildings,
and all other provisions of this chapter;
b.
Convenience and safety of vehicular and pedestrian movement
on the site and for the location of driveway openings in relation
to street traffic;
c.
Convenience and safety of vehicular and pedestrian movement
off the site, if vehicular and pedestrian traffic off site can reasonably
be expected to be substantially affected by on-site changes;
d.
Adequacy as to the arrangement and the number of parking and
loading spaces in relation to the proposed use of the premises, including
designated parking for home delivery vehicle(s), as applicable;
e.
Design and appearance of proposed buildings, structures, freestanding
signs, screening and landscaping; and
f.
Adequacy of water supply, surface and subsurface drainage and
light.
4.
A description of the security measures, including employee security
policies, approved by DPH for the RMD;
5.
A copy of the emergency procedures approved by DPH for the RMD;
6.
A copy of the policies and procedures for patient or personal
caregiver home delivery approved by DPH for the RMD;
7.
A copy of the policies and procedures for the transfer, acquisition,
or sale of marijuana between RMDs approved by DPH;
8.
A copy of proposed waste disposal procedures; and
9.
A description of any waivers from DPH regulations issued for
the RMD.
1.
Referral. The SPGA shall refer copies of the application to
the Building Department, Fire Department, Police Department, Board
of Health, the Conservation Commission, the Department of Public Works,
and the Planning Board. These boards/departments shall review the
application and shall submit their written recommendations. Failure
to make recommendations within 35 days of referral of the application
shall be deemed lack of opposition.
2.
Action. After notice and public hearing and consideration of
application materials, consultant reviews, public comments, and the
recommendations of other City boards and departments, the SPGA may
act upon such a permit.
The SPGA shall impose conditions reasonably appropriate to improve
site design, traffic flow, public safety, protect water quality, air
quality, and significant environmental resources, preserve the character
of the surrounding area and otherwise serve the purpose of this section.
In addition to any specific conditions applicable to the applicant's
RMD, the SPGA shall include the following conditions in any special
permit granted under this section:
1.
Hours of operation, including dispatch of home deliveries.
2.
The permit holder shall file a copy of any incident report required
under 105 CMR 725.110(F) with the Zoning Enforcement Officer and the
SPGA within 24 hours of creation by the RMD. Such reports may be redacted
as necessary to comply with any applicable state or federal laws and
regulations.
3.
The permit holder shall file a copy of any summary cease and
desist order, cease and desist order, quarantine order, summary suspension
order, order limiting sales, notice of a hearing, or final action
issued by DPH or the Division of Administrative Law Appeals, as applicable,
regarding the RMD with the Zoning Enforcement Officer and SPGA within
48 hours of receipt by the RMD.
4.
The permit holder shall provide to the Zoning Enforcement Officer
and Chief of the Police Department the name, telephone number and
electronic mail address of a contact person in the event that such
person needs to be contacted after regular business hours to address
an urgent issue. Such contact information shall be kept updated by
the permit holder.
5.
The special permit shall lapse within five years of its issuance.
If the permit holder wishes to renew the special permit, an application
to renew the special permit must be submitted at least 120 days prior
to the expiration of the special permit.
6.
The special permit shall be limited to the current applicant
and shall lapse if the permit holder ceases operating the RMD.
7.
The special permit shall lapse upon the expiration or termination
of the applicant's registration by DPH.
8.
The permit holder shall notify the Zoning Enforcement Officer
and SPGA, in writing, within 48 hours of the cessation of operation
of the RMD or the expiration or termination of the permit holder's
registration with DPH.
RMDs that demonstrate that they are protected pursuant to the
agricultural exemption under MGL c. 40A, § 3, are not required
to obtain a special permit.
No use shall be allowed in the MMOD which creates a nuisance
to abutters or to the surrounding area, or which creates any hazard,
including, but not limited to, fire, explosion, fumes, gas, smoke,
odors, obnoxious dust, vapors, offensive noise or vibration, flashes,
glare, objectionable effluent or electrical interference, which may
impair the normal use and peaceful enjoyment of any property, structure
or dwelling in the area.
It is the purpose of this section to establish a Merrimack Street
Gateway Renaissance Overlay District and thereby to encourage additional
smart growth in the downtown core, to foster a range of housing opportunities
along with mixed-use development components, including, among others,
distinctive retail, education and education-based uses, performing
arts, media and graphics arts, offices, restaurants, public and private
access to and use of the Merrimack River, which is now effectively
cut off by a substantial and necessary flood wall, to spark the development
of marine use facilities taking advantage of the navigable waters
of the Merrimack River adjacent to downtown Haverhill, and to encourage
private capital to invest in the design and construction of distinctive
and attractive site development programs that promote compact design,
creation of vital urban open space, and take advantage of a variety
of transportation options, including enhanced pedestrian access to
employment and nearby rail access. Other objectives of this section
are to:
1.
Promote the public health, safety, and welfare by encouraging
diversity of housing opportunities;
2.
Foster the long-term expansion of workforce and market-rate
multifamily housing to bring further vitality and stability to the
downtown riverfront;
3.
Increase the production of a range of housing units to meet
existing and anticipated housing needs;
4.
Establish requirements, standards, and guidelines, and ensure
predictable, prompt, fair and cost-effective development review and
permitting;
5.
Establish development standards to allow context-sensitive design
and creative site planning;
6.
Enable the City to act quickly to take advantage of available
capital and technical resources to redevelop key parcels; and
7.
Establish an anchoring redevelopment at a major gateway to downtown
Haverhill, adjacent to the Bradford Bridge (also known as the "Route
125 bridge") over the Merrimack River.
See "Merrimack Street Gateway Renaissance Overlay District"
in Section 11.0.
The Merrimack Street Gateway Renaissance Overlay District, hereinafter
referred to as the MSGROD, is an overlay district that is superimposed
over the underlying zoning district(s) applicable to the property
shown on the map entitled "Merrimack Street Gateway Renaissance Overlay
District," dated October 5, 2012 (the "MSGROD Map"). The MSGROD Map
is hereby made a part of the Zoning Ordinance and is on file in the
office of the City Clerk. To avoid any uncertainty that might otherwise
arise from the scale of the MSGROD Map, the MSGROD is hereby specified
to include the entire area bounded northerly by the center line of
Merrimack Street, easterly by the center line of Bridge Street, including
the center line of such street as it passes over the Bradford Bridge
over the Merrimack River (being also the Route 125 bridge), southerly
by the center line of the Merrimack River, and westerly by the westerly
sideline of the public way known as "Elliott Place" and the extension
of such line southerly to the center line of the Merrimack River and
northerly to the center line of Merrimack Street as it enters Washington
Square at the intersection with Emerson Street.
1.
Relationship to Underlying Zoning. The MSGROD is an overlay
district superimposed on all underlying zoning districts, including,
without limitation, any other overlay zoning district which operates
to provide additional restrictions, limitations or conditions on underlying
zoning. The provisions applicable to such underlying zoning district(s)
shall not be applicable to a project within the MSGROD shown on a
plan which was submitted pursuant to this section for such project,
and such project shall instead be governed exclusively by the provisions
of this section.
An applicant for a project located within the MSGROD may proceed
to permit and develop such project either entirely pursuant to underlying
zoning, including, without limitation, any other overlay zoning district
which operates to provide additional restrictions, limitations or
conditions on underlying zoning, or, in the alternative, may seek
plan approval for the project solely in accordance with the requirements
of this section. If the applicant seeks plan approval in accordance
with the requirements of this section, then notwithstanding anything
to the contrary in the Zoning Ordinance, such application and the
project described therein shall be governed solely by this section,
and shall not be subject to any other provisions of the Zoning Ordinance.
If a parcel or lot does not have a project that obtains plan approval,
or, after plan approval, the project does not obtain a building permit,
then the parcel or lot shall remain available for use or redevelopment
under either underlying zoning or, at the election of the same or
another proponent, this section.
The following uses are permitted as of right in the MSGROD:
1.
Mixed-use development which must provide space in the project
or a phase thereof for each of: 1) at least one of the nonresidential
uses listed as permitted or specially permitted below, and 2) multifamily
development, which multifamily development may be provided throughout
the project, or within one or more specified building(s) or phase(s)
of the project consisting of only multifamily residential use. In
addition, any building not immediately fronting on Merrimack Street,
whether constructed as a project, as part of a project or as a phase
of a project, may be used for purely multifamily residential purposes.
2.
The following nonresidential uses:
a.
Business and professional offices.
b.
Business service and consumer service establishments.
c.
Commercial and financial services.
d.
Eating and drinking establishments without a drive-through,
including, without limitation, seasonal outdoor seating.
e.
Retail uses.
f.
Educational use.
g.
Research and development uses.
h.
Graphics arts and media arts studios, galleries and offices.
i.
Performing arts uses, including, without limitation, indoor
and outdoor stages.
j.
Community facilities, including, without limitation, chapels
and places of religious worship.
k.
Indoor athletic, fitness, health and health spa establishments,
including, without limitation, exercise establishments and martial
arts and yoga studios.
l.
Inns and hotels.
3.
Parking, including surface, garage-under, and structured parking
(e.g., parking garages) and automobile-sharing and bicycle-sharing
services, provided that such parking use and such services are either
a component of a mixed-use development or are accessory to another
permitted use.
4.
Open space and recreational uses, including, without limitation,
plazas, green areas and seasonal and occasional markets.
5.
Marinas, piers, floats, boardwalks, fishing areas, and other
facilities and amenities providing views of and access to the Merrimack
River, including, without limitation, boat rental, charter-boat facilities
and boat-sharing services.
6.
Accessory and ancillary uses customarily incidental to any of
the above permitted uses shall also be permitted, including, without
limitation, day care accessory to any educational use or multifamily
residential use, accessory swimming pools for use by residents, hotel
or inn guests, workers or students in any mixed-use development, accessory
pet care, conference and meeting facilities, and roof gardens and
roof structures accessory to any multifamily residential use or any
educational use.
The following uses are prohibited in the MSGROD:
1.
Septic system repair facility.
2.
Solid waste disposal facility.
3.
Salvage yard.
4.
Self-storage facility (other than any accessory storage units
or accessory storage areas which are accessory to a permitted use
such as a multifamily residential use or a retail or educational use
or a performing arts use, which shall be permitted, provided the same
shall be entirely located within a building and shall not be advertised
or signed from the exterior of the building and shall be limited to
use by project residents, tenants and occupants).
5.
Warehousing and distribution facility.
6.
Motor vehicle service station (fuel sales).
7.
Motor vehicle general and body repair (provided that an accessory
automobile detailing service may be provided within any parking-under
structure).
8.
Motor vehicle sales.
9.
Motor vehicle car wash (provided that an accessory automobile
detailing service may be provided within any parking-under structure).
10.
Storage of power boats.
11.
Uses, buildings and structures permitted under MGL c. 40A, § 3,
but not otherwise specifically contemplated in this section, shall
not proceed in or as part of a project or any phase of a project under
this section, but shall instead proceed solely in accordance with
said MGL c. 40A, § 3, and the applicable provisions of underlying
zoning.
An applicant may propose that a project will be phased, and
the PAA, as a condition of any plan approval, may require a project
to be phased to mitigate any extraordinary adverse project impacts
on nearby properties. In addition, the PAA may impose additional conditions
pertaining to project phasing, including the provision of surety if
deemed necessary by the PAA.
1.
The maximum height allowable in the MSGROD shall be the lesser
of 125 feet and 10 stories, or the lesser of 125 feet and 12 stories
in the case of a priority project. The maximum height allowable, stated
above, does not apply to mechanical equipment, elevator shafts and
bulkheads, chimneys, cooling towers and other structures ordinarily
carried above the roof and not ordinarily used for human habitation,
regardless of height above the roof, nor to balustrades, knee walls,
pergolas, shade structures, wind breaks and similar features of roof
gardens, provided the same are not more than 10 feet in height above
the roof. Maximum height in feet for any project and any element thereof
in the MSGROD shall be measured from the mean elevation of the portion
of the riverward sideline of Merrimack Street adjacent or most nearly
adjacent to the project, in order to encourage parking in any project
to be provided in a podium or similar parking-under structure. Maximum
height in stories for any project and any element thereof in the MSGROD
shall be measured starting with the first story above any parking
provided in a podium or similar parking-under structure.
2.
Except for maximum height, there are no dimensional, area or
similar requirements or limits for projects in the MSGROD.
1.
Maximum as-of-right overall multifamily residential density
for a project shall be 220 dwellings per acre for a Priority project
and 110 dwellings per acre for all other projects. Such density shall
be determined using the entire area for any multifamily project or
any mixed-use development project excluding only the footprint of
any building within the project, which does not have any multifamily
residential uses in such building.
2.
Maximum floor area ratio (FAR) for any project shall be 4.0
which shall be calculated in accordance with the definition of "floor
area ratio" in Section 11.0, and which, consistent with that definition,
shall exclude all areas of any garage-under parking in any project.
1.
General. The purpose of these parking requirements is to encourage
the use of public transportation and to make the downtown more pedestrian
friendly and bicycle friendly. Parking requirements within the MSGROD
are as follows.
2.
Minimum Off-Street Parking Space Requirements.
a.
Residential use: 1.0 space per dwelling unit, or, in the case
of a priority project, 0.75 space per dwelling unit.
b.
Such off-street parking spaces shall be provided i) within the
project itself or ii) in an off-site parking lot or parking garage,
provided that such off-site parking lot or garage and the project
shall be no further than 2,500 feet distant from each other, measured
on a straight-line basis at the point of minimum distance between
some point on the perimeter of such lot or garage and some point on
the perimeter of the project, or iii) in a combination of the foregoing.
3.
Shared Parking. The use of shared parking to fulfill parking
demands noted above that occur at different times of day may be considered
by the PAA. Minimum parking requirements above may be reduced at the
discretion of the PAA for a mixed-use development that is a Priority
project or, in the case of other projects, if the applicant can demonstrate
that shared spaces will meet parking demands by using accepted methodologies
(e.g., the Urban Land Institute Shared Parking Report, ITE Shared
Parking Guidelines, or other PAA-approved studies). The applicant
is encouraged to use the public parking facilities available in the
downtown area and to lease parking in those facilities, and is permitted
to use other off-site parking facilities in other locations as well.
4.
Reduction of Parking Requirement. The required amount of parking
may be reduced at the discretion of the PAA upon a showing that the
lesser amount of parking will not cause excessive congestion, endanger
public safety, or that lesser amount of parking will provide positive
environmental or other benefits. The PAA may consider:
a.
The availability of surplus off-street parking in the vicinity
of the use being served and/or the proximity of a bus or a MBTA transit
station.
b.
The availability of public or commercial parking facilities
in the vicinity of the use being served.
c.
Shared use of off-street parking spaces serving other uses having
peak user demands at different times.
d.
Age, income or other characteristics of the likely occupants
that are likely to result in a lower level of auto usage.
e.
Mixed-use nature of the project that is likely to result in
a lower level of auto usage.
f.
Availability as part of the project of automobile-sharing services.
g.
Such other factors as may be considered by the PAA, including
whether the reduction of the parking requirement is likely to encourage
the use of public transportation or encourage a proposed development
to be more pedestrian-friendly, or whether the proposed project will
provide shuttle-bus services to off-site parking lots or parking garages.
1.
The design of new buildings shall encourage public and private
access to and along the Merrimack River and public and private use
and viewing of the Merrimack River. Projects which provide physical
or visual access to the Merrimack River or create further activity
on the water sheet of the Merrimack River are encouraged. Physical
access to the Merrimack River could include one or more of, but not
be limited to, public and/or private docks, marinas, floats, piers,
wharves and fishing areas. Visual access to the Merrimack River could
include one or more of, but not be limited to, public boardwalks,
public plazas, seasonal outdoor seating, seasonal or occasional markets,
public walking or biking trails along or in close proximity to the
Merrimack River, or lateral access from Merrimack Street to such boardwalks,
plazas or trails, or a view corridor where the public could view the
Merrimack River.
2.
New buildings shall be sited to establish view corridors from
Merrimack Street to the River and to invite public pedestrian access
to the waterfront from Merrimack Street.
3.
New buildings are encouraged to have designs, elements or lighting
features that provide a new visual gateway, landmark or iconic view
for downtown Haverhill when viewed from any one or more of Merrimack
Street, Bridge Street, Main Street, the Merrimack River, the south
bank of the Merrimack River and/or the Bradford Bridge.
4.
Adequate capital infrastructure for on-site municipal services
shall be provided within any project, including water, sewer, and
drainage.
5.
Adequate traffic circulation shall be provided to and from the
project's vehicular access points in order to maintain reasonable
traffic control on Merrimack Street.
6.
Ground floor spaces facing Merrimack Street and facing any plaza
on top of any parking-under podium or other parking-under structure
shall be designed to encourage a lively, urban, pedestrian-friendly
atmosphere.
7.
When dumpsters, utility meters, mechanical units and service
areas cannot be located within a parking-under area or otherwise away
from the street front, they shall be screened from view and shall
not be located in the pedestrian right-of-way.
8.
Lighting shall not create overspill onto adjacent properties
or into the night sky.
9.
One goal of the MSGROD is to promote new, urban design and layout
in the MSGROD. Applicants shall not be required to preserve existing
buildings, facades or other historic or potentially historic features
or elements in the district, if any.
The application for plan approval shall be accompanied by 20
copies of the following plans and documents, which shall demonstrate
consistency with the standards set forth in this MSGROD. All plans
shall be prepared by a certified architect, landscape architect, and/or
a civil engineer registered in the Commonwealth of Massachusetts.
All landscape plans shall be prepared by a certified landscape architect
registered in the Commonwealth of Massachusetts. All building elevations
shall be prepared by a certified architect registered in the Commonwealth
of Massachusetts. All plans shall be signed and stamped, and drawings
prepared at a scale of one inch equals 40 feet or larger, or at another
scale as requested by the applicant and approved in advance by the
PAA, and shall show the following:
1.
The perimeter dimensions of the lot; Assessor's Map, lot and
block numbers; and whether any lots are to be combined as one lot
for zoning purposes for the project.
2.
All existing and proposed buildings, structures, building setbacks,
parking spaces, driveway openings, distance between buildings, plan
view exterior measurements of individual buildings, driveways, service
areas and open areas.
3.
Internal roads, sidewalks and parking areas (width dimensions
of paving and indication of number of parking spaces).
4.
All facilities for sewage, refuse and other waste disposal and
for surface water drainage.
5.
All proposed landscaping features, such as fences, walls, boardwalks,
walks, promenades, outdoor stages, potential areas for seasonal and
occasional markets, planting areas, marinas, docks, piers, floats
and access points to the foregoing on the project site.
6.
Existing major natural features, including streams, wetlands,
buffer zones, regulated riverfront areas, regulated tidelands and
filled tidelands areas, and all trees six inches or larger in caliper
(caliper girth of the tree four feet above existing soil height at
the trunk).
7.
Scale and North arrow (minimum scale of one inch equals 40 feet
unless otherwise requested by the applicant and approved by the PAA
in advance).
8.
Total site area in square footage and acres and area to be available
as urban open space.
9.
The proposed residential density in terms of dwelling units
per acre and types of proposed commercial uses in terms of the respective
floor area, proposed recreation areas, and number of residential units
proposed by type: number of studio, one-bedroom, two-bedroom and three-bedroom
units, if applicable.
10.
Location sketch map (indicate surrounding streets and properties
and any additional abutting lands owned by the applicant).
11.
Proposed marinas, piers, floats, fishing areas, areas, if any,
for potential boat rental and boat sharing services, and other amenities
providing public and private access to and views of the Merrimack
River, including boardwalks, promenades, adjoining urban open space
included in the project and the pedestrian flows intended to link
such proposed marinas, piers, floats, fishing and boating areas, etc.,
to such boardwalks, promenades and other land-side urban open space.
12.
Representative elevation sketches of buildings (indicate height
of building and construction material of the exterior facade).
13.
Typical unit floor plan for residential uses. (Floor plan should
be indicated for each type of unit proposed: either studio, one-bedroom,
two-bedroom or more.) The area in square feet of each typical unit
should be indicated.
14.
Developer's (or its representative's) name, address and phone
number.
15.
Any other information which may include required traffic, school,
and/or utilities impact study and in order to adequately evaluate
the scope and potential impacts of the proposed project.
16.
If the project should be reviewed as a Priority project, a statement
to that effect and a brief statement why it qualifies to be a Priority
project.
All plans and elevations presented with the application shall
remain a part of the records of the PAA. The provision of the plan
and the application shall be the sole responsibility of the applicant.
1.
Filing. An applicant for plan approval shall file the application
and all required submittals with the City Clerk and shall also file
forthwith the required number of copies of the application form and
the other required submittals as set forth above with the City Planner
on behalf of the PAA, including notice of the date of filing with
the City Clerk.
2.
Circulation to Other Boards. Upon receipt of the application,
the City Planner shall immediately provide copies of the application
materials to the City Council, the Planning Board, Board of Appeals,
Board of Health, Conservation Commission, Fire Department, Police
Department, Building Commissioner, Department of Public Works, Community
Development, and other municipal officers, agencies or boards designated
by the PAA for comment, and any such board, agency or officer shall
provide any written comments, if any, within 60 days of its receipt
of a copy of the plan and application for approval, or within 30 days
of such receipt in the case of a Priority project. Within 20 days
after receipt of the application, the City Planner shall determine,
in writing, whether the project described in the application constitutes
a Priority project and shall inform the applicant, the PAA and such
municipal boards, agencies and officers of such determination.
3.
Hearing. The PAA shall hold a public hearing for which notice
has been given as provided in MGL c. 40A, § 11. The decision
of the PAA shall be made, and a written notice of the decision filed
with the City Clerk, within 120 days of the receipt of the application
by the City Clerk, or within 75 days of the receipt of the application
by the City Clerk in the case of a priority project. The required
time limits for such action may be extended by written agreement between
the applicant and the PAA, with a copy of such agreement being filed
in the office of the City Clerk. Failure of the PAA to take action
within said 120 days, or said 75 days in the case of a Priority project,
or extended time, if applicable, shall be deemed to be an approval
of the application and plan.
4.
Peer Review. The applicant shall be required to pay for reasonable
consulting fees to provide peer review of the plan approval application.
Such fees shall be held by the City in a separate account and used
only for expenses associated with the review of the application by
outside consultants, including, but not limited to, attorneys, engineers,
urban designers, architects, housing consultants, planners, and others.
Any surplus remaining after the completion of such review, including
any interest accrued, shall be returned to the applicant.
1.
Waivers. Except where expressly prohibited herein, upon the
request of the applicant, the Plan Approval Authority may waive dimensional
and other requirements of this section in the interests of design
flexibility and overall project quality, and upon a finding of consistency
of such variation with the overall purpose and objectives of the MSGROD,
or if the PAA finds that such waiver will allow the project better
to achieve the intent and overall purposes of this section.
2.
Plan Review. An application for plan approval shall be reviewed
for consistency with the purpose and intent of this section, and such
plan review shall be construed as an as-of-right review and approval
process.
3.
Plan Approval. Plan approval shall be granted where the PAA
finds by majority vote of the members present that:
a.
The applicant has submitted the required fees and information
as set forth in this section; and
b.
The project and plan meet the requirements and standards set
forth in this section, or a waiver has been granted therefrom; and
c.
Extraordinary adverse potential impacts of the project on nearby
properties have been adequately mitigated.
4.
Plan Disapproval. A plan may be disapproved only where the PAA
finds that:
a.
The applicant has not submitted the required fees and information
as set forth in this section; or
b.
The project and plan do not meet the requirements and standards
set forth in this section, or a waiver has not been granted therefrom;
or
c.
It is not possible to adequately mitigate significant adverse
project impacts on nearby properties by means of suitable conditions.
5.
Form of Decision. The PAA shall issue to the applicant a copy
of its decision containing the name and address of the owner, identifying
the land affected, and the plans that were the subject of the decision,
and certifying that a copy of the decision has been filed with the
City Clerk and that all plans referred to in the decision are on file
with the PAA. If 20 days have elapsed after the decision has been
filed in the office of the City Clerk without an appeal having been
filed or if such appeal, having been filed, is dismissed or denied,
the City Clerk shall so certify on a copy of the decision. If a plan
is approved by reason of the failure of the PAA to timely act, the
City Clerk shall make such certification on a copy of the application.
A copy of the decision or application bearing such certification shall
be recorded in the registry of deeds for the county and district in
which the land is located and indexed in the grantor index under the
name of the owner of record or recorded and noted on the owner's certificate
of title. The fee for recording or registering shall be paid by the
applicant.
1.
Minor Change. After plan approval, an applicant may apply to
make minor changes involving minor utility or building orientation
adjustments, lighting or facade adjustments, or minor adjustments
to parking, landscaping or other site details that do not affect the
overall massing, final build-out or building envelope of the site,
and do not materially affect the open space, from that shown on the
previously approved plan and do not increase the number of dwelling
units in the project in the aggregate from that provided in the original
plan approval. Such minor changes must be submitted to the PAA on
so-called "bubbled" prints of the approved plan, reflecting the proposed
changes, and on application forms provided by the PAA. The PAA may
authorize such changes at any regularly scheduled meeting, without
the need to hold a public hearing. The PAA shall set forth any decision
to approve or deny such minor change by motion and written decision
within 30 days after the applicant has filed its application therefor,
and the PAA shall provide a copy of its decision to the applicant
for filing with the City Clerk.
2.
Major Change. Those changes deemed by the PAA to constitute
a major change because of the nature of the change in relation to
the prior approved plan, or because such change cannot be appropriately
characterized as a minor change as described above, shall be processed
by the PAA as a new application for plan approval pursuant to this
section.
1.
The provisions of the MSGROD shall be administered by the Building
Commissioner, except as otherwise provided herein. Any appeal arising
out of action by the PAA regarding application for plan approval shall
be governed by the provisions of MGL c. 40A applicable to as-of-right
projects which have been subject only to a nondiscretionary plan review
not involving or requiring any special permit and shall be made to
a court of competent jurisdiction as set forth in MGL c. 40A, s. 17.
Any other request for enforcement or appeal arising under this section
shall be governed by the applicable provisions of MGL c. 40A.
1.
An application to the PAA for plan approval shall be governed
by the applicable provisions of this chapter in effect at the time
of the submission of the application, while the plan is being processed,
during the pendency of any appeal, and for three years after plan
approval. If an application is denied, such provisions in effect at
the time of the application shall continue in effect with respect
to any further application filed within two years after the date of
the denial, except as the applicant may otherwise choose.
2.
A plan approval, and any and all minor changes thereto sought
by an applicant, shall remain valid and shall run with the land indefinitely,
and a project shall be governed by the applicable provisions of this
section in effect at the time of the submission of the original application
for such original plan approval (without regard to applications for
minor changes) indefinitely, provided that construction of the project
covered by such plan approval has commenced within three years after
the decision is issued, which time shall be extended by the time required
to adjudicate any appeal from such approval and which time shall also
be extended if the project proponent is actively pursuing other required
permits for the project or there is other good cause for the failure
to commence construction, or as may be further extended as provided
in a plan approval for a multiphase project. Such commencement of
construction of the first phase of a project covered by such plan
approval within such three-year period, as so extended, shall constitute
the timely commencement of construction of all phases of the entire
project for the purposes of this section. No phase of a project shall
be in violation of zoning on account of a violation of zoning solely
by one or more other phases of such project. For purposes of this
section, commencement of construction shall include any material expenditure
of funds on site work or environmental remediation or on any slurry
wall, footings or foundation for any parking garage podium under the
project or under any portion or phase of the project. The PAA may
impose, but shall not be required to impose, such outside time limits
for the commencement of the final phase of a phased project as it
sees fit, provided that the earliest date for such required commencement
of such final phase shall not be earlier than seven years after the
plan approval decision is issued, as extended as provided above, nor
later than 15 years after the plan approval decision is issued, as
extended as provided above, and further provided that any failure
to meet such outside time limits shall only affect the right to construct
the unbuilt phase(s) and shall not affect the previously constructed
phase(s) or the respective rights of the same. In the event of a casualty
affecting a building or structure which itself, or the use thereof,
would be nonconforming with the provisions of this section but for
the grandfathering provided by this section, such structure may be
repaired, rebuilt and/or reconstructed, as necessary, provided that
any such repair, rebuilding or reconstruction shall be commenced within
two years after the date of such casualty, and shall thereafter be
diligently and continuously prosecuted to completion. Except as provided
in any one or more of the preceding sentences of this subsection,
any amendment to this section shall apply to building permits applied
for after the first notice of public hearing on such amendment.
3.
The owner of a project, or applicable portion thereof, may choose
to waive the benefit of the provisions of this section in writing.
4.
No further plan approval, special permit, variance or the like
shall ever be required to reconstruct a project, or portion thereof,
following any casualty.
5.
On the other hand, any alteration or extension of a project
that would not conform to the then-existing provisions of this section
shall require a further plan approval or deemed plan approval.
6.
For purposes of this section, "alteration" means any construction
resulting in a material change in the structural parts or height of,
or number of stories or footprint of, a building, or to permit a substantially
different use of such building; and "extension" means any material
increase in physical size or a substantially different use.
It is the City's intention to give preference to, and to fast
track the approval of, priority projects, as defined in this section.
Accordingly, and notwithstanding any other provision of this section
or the City Code to the contrary, the City may, in order to foster
and encourage a priority project:
1.
Establish the priority project, or the MSGROD, as a development
district within the meaning of MGL c. 40Q and the regulations thereunder
and establish and provide district improvement financing, so called
for the priority project, or the MSGROD.
2.
Authorize tax increment financing (TIF) as allowed by MGL c.
40, §§ 59 through 60, and the regulations thereunder
and authorize, to the extent allowable by law, a tax increment exemption
from the portion of the real estate taxes.
3.
Invest all or a portion of the building permit and other fees
in infrastructure improvements for the priority project or the MSGROD.
4.
Allow such other tax incentives as may be allowed by law or
by Home Rule petitions allowed by the City Council and the General
Court of the Commonwealth.
A campus area development may be allowed by special permit in
the RC-AC and RC-CV subdistricts subject to the provisions of this
section. Campus area developments shall not be subject to Table 2:
Table of Dimensional and Density Regulations, provided that the following
conditions are met.[1]
[1]
Editor's Note: Appendix B, Table 2: Table of Dimensional and Density Regulations, is included as an attachment to this chapter.
In order to be developed as a campus area development, a tract
of land must have an area of at least 15 contiguous acres and at least
300 feet of continuous frontage on a public right-of-way. Such land
need not be in single ownership provided that all owners of land to
be developed as a campus area development under a single special permit
are coapplicants. Each owner of land within a campus area development
shall be responsible for compliance of its own parcel with the requirements
of the special permit; if special requirements are imposed on a particular
portion of a campus area development, only the owner or owners of
such portion shall be required to comply with such requirements.
Because one of the goals of the campus area development zoning
designation is the reuse of property formerly used as a college or
university campus, special dimensional, parking and loading requirements
shall apply to campus area developments in order to facilitate such
reuse.
1.
RC-CV Subdistrict. All campus area developments in the RC-CV
subdistrict shall be subject to the dimensional requirements set forth
for the applicable uses in Exhibit A.[1] In addition, the following special provisions shall apply:
a.
Buildings shall be set back a minimum of five feet from any
perimeter lot line and internal street line (edge of pavement).
b.
The maximum continuous length of any building facade in any
one direction shall not exceed 300 feet, and for attached dwellings
(townhouse or row house), the minimum and maximum numbers of units
in a row shall be three and 10, respectively (but not to exceed 300
feet).
c.
There shall be a minimum of five feet between buildings and
7.5 feet between townhouse rows.
d.
In determining compliance of a lot within a campus area development
with the minimum lot area per dwelling unit, maximum building coverage
and maximum floor area ratio requirements of Exhibit A, the open space
required under this chapter (30% of all land within the RC-CV subdistrict)
shall be attributed to the area of the lot for purposes of the calculation
(notwithstanding that such open space is not located within the lot
proper). In the event that a campus area development is comprised
of two or more lots, such open space shall be attributed on a pro
rata basis among such lots.
e.
There shall be no more than 172 Dwelling Units in the RC-CV
subdistrict.
[1]
Editor's Note: Appendix A, Table 1: Table of Use Regulations, is included as an attachment to this chapter.
2.
RC-AC Subdistrict. All campus area developments in the RC-AC
subdistrict shall be subject to the dimensional requirements for the
applicable uses set forth in Exhibit A.[2] Notwithstanding the foregoing, it is understood and agreed
that to the extent that campus area developments in the RC-AC subdistrict
include nonconforming structures or lots, such structures or lots
shall have the benefit of the provisions of this section, except that
nonconforming structures in campus area developments shall not be
deemed abandoned unless they have been demolished.
a.
In addition, in the event that any new construction project
or any extension or alteration of a nonconforming structure or lot
included within a campus area development in the RC-CV or RC-AC subdistricts
does not comply with the dimensional requirements set forth in Exhibit
A or the parking and loading requirements set forth in Table 1[3] or in this section, the campus area development project
proponent shall have the right to obtain a special permit from the
City Council permitting such noncompliance.
[3]
Editor's Note: Appendix A, Table 1: Table of Use Regulations, is included as an attachment to this chapter.
[2]
Editor's Note: Appendix A, Table 1: Table of Use Regulations, is included as an attachment to this chapter.
A campus area development may include one or more uses (including
accessory uses) that are either permitted or permitted by special
permit in the underlying RC-AC or RC-CV subdistrict, as applicable.
In the special permit application for a campus area development, the
applicant shall include the proposed uses of the development. If,
after approval of the special permit application, the project proponent
elects to include one or more additional uses, if the use is, or uses
are, permitted as of right in the RC-AC or RC-CV subdistrict, as applicable,
the proponent shall provide written notice to the City Clerk of the
additional use or uses proposed and no additional permit or permits
shall be required, and, if the use is, or uses are, permitted by special
permit in the RC-AC or RC-CV subdistrict, as applicable, the proponent
shall obtain a special permit for such use or uses from the City Council
(notwithstanding any provision of this chapter providing for the Board
of Appeals to grant special permits for certain uses). Professional
office uses in campus area developments shall not be subject to other
requirements of this chapter.
At least 30% of the land area of all land included within the
RC-CV subdistrict shall be set aside as permanent open space, such
open space to be located as determined by the owner or owners in its
or their discretion. Prior to issuance of a special permit for a campus
area development in the RC-CV subdistrict, the City Council shall
be satisfied that such permanent open space shall be provided in the
subdistrict. This requirement shall not apply to campus area developments
in the RC-AC subdistrict. All permanent open space shall be left in
a natural state or developed for open space recreational purposes
only such as tot lot, park, playground, Mayfield, conservation area,
etc., A fee interest or permanent easement to use such open space
land shall be granted to the City and accepted by it for park or open
space use, granted to a nonprofit organization, the principal purpose
of which is the conservation of open space, or granted to a corporation
or trust owned or to be owned by the owners of lots or residential
units within the development. If such a corporation or trust is utilized,
the interest in such open space shall pass with conveyances of the
lots or residential units. In any case where such fee or easement
interest is not conveyed to the City, a restriction enforceable by
the City shall be recorded, provided that such land shall be kept
in an open or natural state and not be built for residential use or
developed for accessory uses such as parking or roadway. Such open
space land shall have suitable access to a street.
A campus area development shall be served by both a public water
and public sewerage system.
The plan and the roadway and respective utility improvements
in the tract shall be subject to the definitive plan and performance
guaranty requirements of the Rules and Regulations Governing the Subdivision
of Land in the City of Haverhill, Massachusetts.
The services of a consultant to act as a Clerk of the Works,
directly responsible to the City Engineer, shall be required for all
new construction in the RC-CV subdistrict to assure that proper construction
practices are implemented according to any standards or procedures
set forth by the City Council as a condition of the issuance of the
campus area development special permit and according to the subdivision
plans and specifications approved by the Planning Board. Said Clerk
shall be selected and reimbursed as outlined in § 10.7.
The proponent or proponents of a campus area development shall
install street identification signs on all rights-of-way and drives
within the development. Said signs shall be in place upon completion
of final paving of each respective way or drive.
The proponent or proponents of a campus area development shall
install street lighting on all rights-of-way and drives within the
development. The lighting shall be in place prior to paving of each
respective way or drive.
Building design and landscaping shall be in harmony with the
prevailing character and scale of buildings in the neighborhood through
the use of appropriate building materials, screening and other architectural
techniques. Variation in detail, form and site shall be used to provide
visual interest and avoid monotony, where warranted.
The campus area development shall be integrated into the existing
terrain and surrounding landscape. Building sites shall, to the extent
feasible:
1.
Minimize use of wetlands, steep slopes, floodplains and hilltops.
2.
Preserve natural or historic features.
3.
Maximize open space retention.
4.
Minimize obstruction of scenic views from publicly accessible
locations.
5.
Minimize tree, vegetation and soil removal, blasting and grade
changes.
6.
Screen objectionable features from neighboring properties and
roadways.
The procedures to obtain a special permit for construction of
a campus area development shall be the same as the procedure set forth
in § 8.2 for obtaining a special permit for construction
of multifamily dwelling units, except that this section shall be deemed
amended for special permits for campus area developments as follows:
1.
Upon issuance of the Planning Board's recommendations on the
special permit application (or expiration of 35 days after receipt
of such application if the Planning Board fails to make such recommendations),
the applicant shall submit a definitive plan to the Planning Board
as specified in the Rules and Regulations Governing the Subdivision
of Land in the City of Haverhill. The Planning Board shall not take
final action on such submission until expiration of the appeal period
from the City Council's action on the applicant's special permit application.
2.
In addition, in view of the public benefits provided by campus
area developments including, without limitation, provision of open
space and preservation and reuse of historic structures, the provisions
of this chapter concerning affordable housing shall not apply to such
developments.
The purpose of the LMEOZ is:
1.
To provide for the placement of adult use marijuana establishments
in appropriate places and under specific conditions in accordance
with the provisions of MGL c. 94G, Regulation of the Use and Distribution
of Marijuana Not Medically Prescribed.
2.
To minimize any adverse impacts of adult use marijuana establishments
on adjacent properties, dense or concentrated residential areas, school
and other places where children congregate, and other sensitive land
uses.
3.
To regulate the siting, design, placement, access, security,
safety, monitoring, modification and discontinuance of adult use marijuana
establishments.
4.
To provide applicants, owners and operators with clear guidance
regarding adult use marijuana establishments siting, design, placement,
access, security, safety, monitoring, modification and discontinuance.
See Section 11.0, "Licensed Marijuana Establishment Overlay
Zone."
No adult use marijuana establishment shall be permitted except
in compliance with the provisions of this § 9.7.
1.
Eligible Zones. Certain groups of LMEs shall be eligible for
different zoning areas designated in the attached City Engineer's
Map entitled "Licensed Marijuana Establishments Overlay Zone with
Street Index" dated December 7, 2018, and as amended from time to
time. This map is hereby made a part of the Zoning Ordinance and is
on file in the office of the City Clerk. Those zones shall be as follows:
|
District Full Name
|
|---|
|
Licensed Marijuana Establishments - No Exclusions
|
|
Licensed Marijuana Establishments - No Retail Sales
|
|
Licensed Marijuana Establishments - Retail Sales Only
|
|
Medical Marijuana Overlay District - No Exclusions
|
2.
Buffer Zone. No LME outside the Waterfront District Area (WDA)
shall be located within 500 feet of the following preexisting structures
or uses: any school attended by children under the age of 18, licensed
child-care facility, municipally owned and operated park or recreational
facilities (not including bikeways, boardwalks, pedestrian paths,
or other facilities primarily used for nonvehicular modes of travel),
churches or places of worship, libraries, playground or play field,
or youth center.
3.
Notification. Applicants seeking to establish an LME within
the Waterfront District Area (WDA) must notify adjacent property owners,
as well as any preexisting licensed child-care facility for children
under the age of 18, church or place of worship, or youth center,
within 300 feet of the proposed site of the initial application for
a special permit.
4.
No LME shall be located within 1/2 mile of another licensed
LME. The City Council may modify or waive this requirement.
1.
The total number of all marijuana retailers or social consumption
establishments may not exceed 20% of the number of licensed package
and liquor stores within the City.
2.
In the event that the number of licensed package and liquor
stores within the City decreases, a marijuana retailer or social consumption
establishment, if then exceeding 20% as noted in Subsection 9.7.5.1,
may remain in operation.
3.
There shall be no restrictions on the number of any particular
type of establishment permitted within the City, other than as regulated
in Subsection 9.7.5.1.
No LME shall be operated or expanded without first obtaining
a special permit from the City Council ting authority in accordance
with this § 9.7 and § 10.5.
1.
The special permit granting authority for any LME shall be the
City Council.
2.
A special permit shall only be valid for use by the applicant
and will become null and void upon the sale or transfer of the license
of a LME or change in the location of the business.
3.
In the event that the commonwealth's licensing authority suspends
the license or registration of a marijuana establishment, the special
permit shall be so suspended by the City until the matter is resolved
to the satisfaction of said licensing authority.
4.
The special permit shall be considered null and void if meaningful
construction and operation has not begun within one year of obtaining
said permit, as determined by the Building Inspector.
1.
Any application for a special permit for an LME in the City
of Haverhill shall not be deemed to be complete without the filing
of all information required for development review under § 10.1.4.
2.
This information shall be filed as part of the special permit
application.
3.
This information shall be filed with the City Clerk as part
of the special permit application, and the Clerk shall forward the
site plan package to the City departments responsible for development
review for review with comments/recommendations included in a report
to the City Council prior to the special permit hearing.
1.
Outside Storage. No outside storage of marijuana, marijuana
products, related supplies, or educational materials is permitted.
2.
Visibility of Activities. All activities of any LME shall be
conducted indoors.
3.
Paraphernalia. Devices, contrivances, instruments, and paraphernalia
for inhaling or otherwise consuming marijuana, including, but not
limited to, rolling papers and related tools, water pipes, and vaporizers,
may be lawfully sold at a marijuana retailer. No retail marijuana,
marijuana products, or paraphernalia shall be displayed or kept in
a retail marijuana store so as to be visible from outside of the license
premises.
4.
Hours of Operation. In no event shall marijuana retailers, social
consumption establishments, or microbusinesses be open and/or operating
and dispensing product between the hours of 9:00 p.m. and 9:00 a.m.
and not opening before 12:00 noon on Sundays.
5.
On-Site Consumption of Marijuana. The use, consumption, ingestion
or inhalation of marijuana or marijuana products shall only be permitted
at social consumption establishments and research facilities, within
the confines of the building. On-site consumption is prohibited on
or within the premises of any other LME.
6.
Sale of Alcohol. LMEs are prohibited from selling alcoholic
beverages.
7.
Social Consumption Establishment. No social consumption habitat,
as defined by 935 CMR 500.002, shall be allowed in the LMEOZ.
The following are required for all proposed operations of an
LME, consistent with this section:
1.
Permanent Location. Each LME and any part of its operation,
including, but not limited to, cultivation, processing, packaging,
and sales, shall be operated from a fixed location within a fully
enclosed building. No marijuana establishment shall be permitted to
operate from a moveable, mobile, or transitory location.
2.
Lighting. Outdoor light levels shall not exceed one footcandle
along property lines, nor 10 footcandles for any location on the property.
Any light poles, new or existing, may not exceed 18 feet in overall
height. All outdoor light fixtures must be shielded and aimed down
in order to prevent light trespass onto adjacent properties. The special
permit granting authority may modify this requirement if, upon recommendation
by the Police, it is required for adequate safety and security.
3.
Landscaping. The proposed site shall provide landscaping to
harmonize the LME with abutting uses. Landscaping shall be provided
as per the requirements of this chapter. Trees and shrubs may be clustered.
Landscaping must consist of native, noninvasive plant species. The
City Council may modify or waive this requirement.
4.
Drive-Through Facilities. LMEs are prohibited from installing
an on-site drive-through facility.
5.
Fencing. Fencing may be required if determined necessary by
the City Council. The location, height and type of fencing may be
determined by the City Council as a condition of the special permit
approval. In no instance shall barbed-wire fencing be permitted.
6.
Waste Disposal. There shall be no outdoor storage of waste,
including dumpsters, for any marijuana retailer. All waste generated
shall be secured indoors, to be serviced by a professional janitorial
company or medical waste company.
7.
Ventilation. All LMEs must ventilate in a manner so as that
no pesticides, insecticides, or other chemicals or products used in
cultivation or processing are dispersed into the outside atmosphere.
Ventilation must also ensure that no odor from marijuana processing
or consumption can be detected by a person with an unimpaired and
otherwise normal sense of smell at the exterior of the LME or at any
adjoining use or property.
Applications to permit an LME must be submitted to the City
Council or their designee(s). Such applications for LMEs shall include
the following:
1.
Development Review Plan. A development review plan shall be
submitted that includes all information required by the City departments
responsible for such review, and the following:
2.
Security Plan. A security plan shall be submitted to ensure
the safety of employees, patrons, and the public, to protect the premises
from theft or other criminal activity. The security plan shall be
reviewed and approved by the local Police Chief or their designee.
The plan must include the following: an interior floorplan (including
secured areas, windows, doors, etc.), exterior lighting, fencing (if
any), gates (if any), alarms, and any other security measures requested
by the Police Chief.
3.
Traffic Study. The City Council may require a traffic study
that includes an analysis of traffic generation, circulation, and
off-street parking demand to determine sufficient parking and optimum
configuration for site ingress and egress.
4.
State License. A copy of the license or registration as an LME
from the Massachusetts Cannabis Control Commission or documentation
that demonstrates that said facility and its owner/operators qualify
and are eligible to receive a certification of registration and meet
all of the requirements of an LME in accordance with the regulations
adopted by the Commission, as amended.
5.
Proof of Site Control. Evidence that the applicant has site
control and the right to use the site for an LME in the form of a
deed, valid lease, or purchase and sale agreement or a notarized statement
from the property owner certifying the applicant has firm site control.
6.
Odor Control. The odor control plan proposed adequately provides
for the ongoing safe operation of the establishment and minimizes
any adverse impacts to abutting properties from odor-emitting activities
to be conducted on site.
7.
Ten-Percent Contribution. A list shall be submitted that lists
all persons or entities contributing 10% or more of the initial capital
to operate the LME, including capital in the form of land or buildings.
1.
Any LME under this article shall be required to remove all material,
plants, equipment, and other paraphernalia in compliance with regulations
established by the Cannabis Control Commission within 30 days after
the expiration or voiding of its license.
2.
The City Council may require the marijuana establishment to
fund an escrow account in an amount sufficient to adequately support
the dismantling and winding down of the marijuana establishment within
60 days of final approval of the special permit.
1.
The applicant and all licensees waive and release the City,
its elected officials, employees, and agents from any liability for
injuries, damages, or liabilities of any kind that result from any
arrest or prosecution of the LME owners, operators, employees, clients,
or customers for a violation of state or federal laws, rules, or regulations.
2.
The applicant, in receiving approvals issued pursuant to this
chapter, and all licensees, jointly and severally, if more than one,
agree to indemnify, defend and hold harmless the City, its elected
officials, employees, attorneys, agents, insurers and self-insurance
pool against all liability, claims and demands on account of any injury,
loss or damage, including, without limitation, claims arising from
bodily injury, personal injury, sickness, disease, death, property
loss or damage or any other loss of any kind whatsoever, arising out
of or in any manner connected with the operation of the LME that is
subject of the approval/license.
1.
Any operating LME within the City shall be inspected annually
by the Building Inspector, or their designee, to ensure compliance
with this article and with any conditions imposed by the City Council
as a condition of the special permit approval.
2.
The first annual inspection shall be more than one year after
beginning operation, but before two years of beginning operation.
1.
At all times while a permit is in effect the licensee shall
possess all required licenses.
2.
To the extent that the state has adopted or adopts in the future
any additional or stricter law or regulation governing the cultivation,
manufacturing, testing or retail of marijuana or marijuana products,
the additional or stricter regulation shall control the LME in the
City. Compliance with any applicable state law or regulation shall
be deemed an additional requirement for issuance or denial of any
license under this chapter, and noncompliance with any applicable
state law or regulation shall be grounds for revocation or suspension
of any license issued hereunder.
3.
Any LME may be required to demonstrate, upon demand by law enforcement
officers of the City of Haverhill and/or the local licensing authority,
that the source and quantity of any marijuana found upon the license
premises are in full compliance with any applicable state law or regulation.
4.
The issuance of any license pursuant to this chapter shall not
be deemed to create an exception, defense or immunity to any person
in regard to any potential criminal liability the person may have
for the cultivation, possession, sale, distribution, or use of marijuana.
5.
Prior to the issuance of a special permit, the LME must have
entered into a host community agreement (HCA) with the City. If, upon
review by the City Council, the LME is found to not be fully in compliance
with the HCA, the special permit and/or the local license may be suspended
or rescinded.
It is the purpose of this section to establish a Downtown Smart
Growth Overlay District (DSGOD) and to encourage smart growth in accordance
with the purposes of MGL Chapter 40R, and to foster a range of housing
opportunities along with a mixed-use development component, to be
proposed in a distinctive and attractive site development program
that promotes compact design, preservation of open space, and a variety
of transportation options, including enhanced pedestrian access to
employment and nearby rail access. Other objectives of this § 9.8
are to:
1.
Promote the public health, safety, and welfare by encouraging
diversity of housing opportunities;
2.
Provide for a full range of housing choices for households of
all incomes, ages, and sizes in order to meet the goal of preserving
municipal character and diversity;
3.
Increase the production of a range of housing units to meet
existing and anticipated housing needs;
4.
Provide a mechanism by which residential development can contribute
directly to increasing the supply and diversity of housing;
5.
Establish requirements, standards, and guidelines, and ensure
predictable, fair and cost-effective development review and permitting;
6.
Establish development standards to allow context-sensitive design
and creative site planning; and
7.
Enable the City to receive zoning incentive payments and/or
density bonus payments in accordance with MGL Chapter 40R, 760 CMR
59.06, and MGL Chapter 40S, arising from the development of housing
in the DSGOD.
See Section 11.0, "Downtown Smart Growth Overlay District."
1.
Establishment. The Downtown Smart Growth Overlay District, hereinafter
referred to as the DSGOD, is an overlay district having a land area
of approximately 58 gross acres in size that is superimposed over
the underlying zoning district applicable to a portion of the property
shown on the map entitled "Downtown Smart Growth Overlay District,"
dated November 23, 2015 (the "DSGOD Map"). This map is hereby made
a part of the Zoning Ordinance and is on file in the office of the
City Clerk.
2.
Subzones. There are hereby established five subzones within
the DSGOD: High Density 220 (Subzone A); High Density 120 (Subzone
B); High Density 65 (Subzone C); Multifamily 20 (Subzone D); and Townhouse
(Subzone E).
3.
Location. The location of these subzones is shown on the DSGOD
Map.
4.
Underlying Zoning. The DSGOD is an overlay district superimposed
on all underlying zoning districts. When a building permit is issued
for any project approved in accordance with this section, the provisions
of the underlying district(s) shall no longer be applicable to the
land shown on the site plan which was submitted pursuant to this section
for such project.
In accordance with the provisions of MGL Chapter 40R and 760
CMR 59.00, an applicant for a project located within the DSGOD may
seek plan approval in accordance with the requirements of this section.
In such case, then notwithstanding anything to the contrary in this
Zoning Ordinance, such application shall not be subject to any other
provisions of this Zoning Ordinance, including limitations upon the
issuance of building permits for residential uses related to a rate
of development or phased growth limitation or to a local moratorium
on the issuance of such permits, or to building permit or dwelling
unit limitations.
The following uses are permitted as of right in the DSGOD Subzones,
except as specified below:
1.
Multifamily development in Subzones A, B, C, and D only.
2.
Mixed-use development in all subzones; provided, however, that
in Subzones A, B and C, the proportion of residential to nonresidential
uses within a mixed-use development shall be as follows:
3.
The following nonresidential uses are allowed as of right in
a mixed-use development:
a.
Professional offices.
b.
Retail, business and consumer service establishments.
c.
Commercial and financial services.
d.
Eating and drinking establishments.
e.
Artist live/work in Subzone D and E.
f.
Townhouse development, in Subzone E only.
g.
Parking, including surface, garage-under, and structured parking
(e.g., parking garages).
h.
Open space and recreational uses.
i.
Accessory uses customarily incidental to any of the above permitted
uses shall be permitted.
The PAA, as a condition of any plan approval, may require a
project to be phased to mitigate any extraordinary adverse project
impacts on nearby properties. For projects that are approved and developed
in phases, the proportion of affordable units and the proportion of
market rate units shall be consistent across all phases.
1.
Marketing Plan. Prior to granting plan approval for housing
within the DSGOD, an applicant for such approval must submit a narrative
document and marketing plan that establishes that the proposed development
of housing is appropriate for diverse populations, including individuals,
households with children, households including individuals with disabilities,
and the elderly. These documents in combination, to be submitted with
an application for plan approval pursuant to this section, shall include
details about construction related to the provision, within the development,
of units that are accessible to the disabled.
2.
Number of Affordable Housing Units. For all projects, not less
than 20% of housing units constructed shall be affordable housing.
For purposes of calculating the number of units of affordable housing
required, any fractional unit of 0.5 or greater shall be deemed to
constitute a whole unit.
3.
Requirements. Affordable housing shall comply with the following
requirements:
a.
For an affordable rental unit, the monthly rent payment, including
utilities and parking, shall not exceed 30% of the maximum monthly
income permissible for an eligible household, assuming a family size
equal to the number of bedrooms in the unit plus one, unless other
affordable program rent limits approved by the DHCD shall apply.
b.
For an affordable homeownership unit the monthly housing payment,
including mortgage principal and interest, private mortgage insurance,
property taxes, condominium and/or homeowner's association fees, insurance,
and parking, shall not exceed 30% of the maximum monthly income permissible
for an eligible household, assuming a family size equal to the number
of bedrooms in the unit plus one.
c.
Affordable housing required to be offered for rent or sale shall
be rented or sold to and occupied only by eligible households.
d.
The DSGOD shall not include the imposition of restrictions on
age upon the entire district, but the development of specific projects
within the district may be exclusively for the elderly, persons with
disabilities, or for assisted living, provided that any such project
shall be in compliance with all applicable fair housing laws and not
less than 25% of the housing units in such a restricted project shall
be restricted as affordable housing. Any project which includes age-restricted
residential units shall comply with applicable federal, state and
local fair housing laws and regulations.
4.
Design and Construction. Units of affordable housing shall be
finished housing units. Units of affordable housing shall be dispersed
throughout the development of which they are part and have exteriors
that are equivalent in design and materials to the exteriors of other
housing units in the development. The total number of bedrooms in
the affordable housing shall, insofar as practicable, be proportionate
to the number of bedrooms in all units in the project of which affordable
housing is part.
5.
Affordable Housing Restriction. Each unit of affordable housing
shall be subject to an affordable housing restriction which is recorded
with the appropriate registry of deeds or district registry of the
Land Court and which contains the following:
a.
Specification of the term of the affordable housing restriction
which shall be no less than 30 years, but which may, as a requirement
of plan approval, be for a longer period of time;
b.
The name and address of an administering agency with a designation
of its power to monitor and enforce the affordable housing restriction;
c.
A description of the affordable homeownership unit, if any,
by address and number of bedrooms; and a description of the overall
quantity and number of bedrooms and number of bedroom types of affordable
rental units in a project or portion of a project which are rental.
Such restriction shall apply individually to the specifically identified
affordable homeownership unit and shall apply to a percentage of rental
units of a rental project without specific unit identification.
d.
Reference to a housing marketing and resident selection plan,
to which the affordable housing is subject, and which includes an
affirmative fair housing marketing program, including public notice
and a fair resident selection process. The housing marketing and selection
plan may provide for preferences in resident selection to the extent
consistent with applicable law for the affordable housing units; the
plan shall designate the household size appropriate for a unit with
respect to bedroom size and provide that the preference for such unit
shall be given to a household of the appropriate size;
e.
A requirement that buyers or tenants will be selected at the
initial sale or initial rental and upon all subsequent sales and rentals
from a list of eligible households compiled in accordance with the
housing marketing and selection plan;
f.
Reference to the formula pursuant to which rent of a rental
unit or the maximum resale price of a homeownership will be set;
g.
Designation of the priority of the affordable housing restriction
over other mortgages and restrictions, provided that a first mortgage
of a homeownership housing unit to a commercial lender in an amount
less than maximum resale price may have priority over the affordable
housing restriction if required by then current practice of commercial
mortgage lenders;
h.
A requirement that only an eligible household may reside in
affordable housing and that notice of any lease or sublease of any
unit of affordable housing shall be given to the administering agency;
i.
Provision for effective monitoring and enforcement of the terms
and provisions of the affordable housing restriction by the administering
agency;
j.
Provision that the restriction on an affordable homeownership
unit shall run in favor of the administering agency and the City,
in a form approved by municipal counsel, and shall limit initial sale
and re-sale to and occupancy by an eligible household;
k.
Provision that the restriction on affordable rental units in
a rental project or rental portion of a project shall run with the
rental project or rental portion of a project and shall run in favor
of the administering agency and the City, in a form approved by municipal
counsel, and shall limit rental and occupancy to an eligible household;
l.
Provision that the owner[s] or manager[s] of affordable rental
unit[s] shall file an annual report to the administering agency, in
a form specified by that agency certifying compliance with the affordability
provisions of this § 9.8.7 and containing such other information
as may be reasonably requested in order to ensure affordability:
m.
A requirement that residents in affordable housing provide such
information as the administering agency may reasonably request in
order to ensure affordability.
6.
Administering Agency. An administering agency which may be the
local housing authority, or other qualified housing entity (the "administering
agency") shall be designated by the PAA as the administering agency
for all projects in the DSGOD. In a case where the administering agency
cannot adequately carry out its administrative duties, upon certification
of this fact by the PAA or by DHCD, such duties shall devolve to and
thereafter be administered by a qualified housing entity designated
by the PAA or, in the absence of such timely designation, by an entity
designated by the DHCD. In any event, such administering agency shall
ensure the following both prior to issuance of a building permit for
a project within the DSGOD and on a continuing basis thereafter, as
the case may be:
a.
Prices of affordable homeownership units are properly computed;
rental amounts of affordable rental units are properly computed;
b.
Income eligibility of households applying for affordable housing
is properly and reliably determined;
c.
The housing marketing and resident selection plan conforms to
all requirements and is properly administered;
d.
Sales and rentals are made to eligible households chosen in
accordance with the housing marketing and resident selection plan
with appropriate unit size for each household being properly determined
and proper preference being given;
e.
Affordable housing restrictions meeting the requirements of
this article are recorded with the proper registry of deeds;
7.
Housing Marketing and Selection Plan. The housing marketing
and selection plan may make provision for payment by the project applicant
of reasonable costs to the administering agency to develop, advertise,
and maintain the list of eligible households and to monitor and enforce
compliance with affordability requirements. Such payment shall not
exceed 1/2% of the amount of rents of affordable rental units (payable
annually) or 1% of the sale or resale prices of affordable homeownership
units (payable upon each such sale or resale), as applicable.
8.
Computation. Prior to the granting of any plan approval of a
project, the applicant for such building permit must demonstrate,
to the satisfaction of the administering agency, that the method by
which such affordable rents or affordable purchase prices are computed
shall be consistent with state or federal guidelines for affordability
applicable to Haverhill.
9.
No Waiver. Notwithstanding anything to the contrary herein,
the affordability provisions in this section shall not be waived.
1.
High Density 220 — Subzone A. The density in Subzone A
shall be 220 dwellings as of right per acre. In the alternative, where
an existing building is rehabilitated, the density (number of dwelling
units) shall be the gross square feet contained in the existing building,
minus 25%, divided by 1,200 square feet.
2.
High Density 120 — Subzone B. The density in Subzone B
shall be 120 dwellings as of right per acre. In the alternative, where
an existing building is rehabilitated, the density (number of dwelling
units) shall be the gross square feet contained in the existing building,
minus 25%, divided by 1,200 square feet.
3.
High Density 65 — Subzone C. The density in Subzone C
shall be 65 dwellings as of right per acre. In the alternative, where
an existing building is rehabilitated, the density (number of dwelling
units) shall be the gross square feet contained in the existing building,
minus 25%, divided by 1,200 square feet.
4.
Multifamily 20 — Subzone D. The density in Subzone D shall
be 20 dwellings as of right per acre.
5.
Townhouse 12 — Subzone E. The density in Subzone E shall
be 12 dwellings as of right per acre.
1.
General. The purpose of these parking requirements is to encourage
the use of public transportation and to make the downtown more pedestrian
friendly. Parking requirements within the DSGOD are as follows.
3.
Shared Parking. The use of shared parking to fulfill parking
demands noted above that occur at different times of day may be considered
by the PAA. Minimum parking requirements above may be reduced at the
discretion of the PAA if the applicant can demonstrate that shared
spaces will meet parking demands by using accepted methodologies (e.g.,
the Urban Land Institute Shared Parking Report, ITE Shared Parking
Guidelines, or other approved studies). The applicant is encouraged
to use the public parking facilities available in the downtown area
and to lease those facilities in non-peak hours.
4.
Reduction of Parking Requirement. The required amount of parking
may be reduced at the discretion of the PAA upon a showing that the
lesser amount of parking will not cause excessive congestion, endanger
public safety, or that lesser amount of parking will provide positive
environmental or other benefits. The PAA may consider:
a.
The availability of surplus off-street parking in the vicinity
of the use being served and/or the proximity of a bus or an MBTA transit
station;
b.
The availability of public or commercial parking facilities
in the vicinity of the use being served;
c.
Shared use of off-street parking spaces serving other uses having
peak user demands at different times;
d.
Age, income or other characteristics of the likely applicants
which are likely to result in a lower level of auto usage;
e.
Such other factors as may be considered by the PAA, including
whether the reduction of the parking requirement is likely to encourage
the use of public transportation or encourage a proposed development
to be more pedestrian friendly.
The following design standards shall apply in all subzones.
1.
The design of new buildings shall preserve existing views to
the Merrimack River, and incorporate site and building design features
that may help to preserve those views from public rights-of-way.
2.
New buildings shall be sited to preserve view corridors, particularly
to the Merrimack River.
3.
Drive-in facilities shall not have driveways entering or exiting
over the main frontage sidewalk.
4.
Signs shall conform to the requirements for C districts set
forth in § 6.2 of the Zoning Ordinance.
5.
When dumpsters, utility meters, mechanical units and service
areas cannot be located away from the street front, they shall be
screened from view and shall not be located in the pedestrian right-of-way.
6.
Lighting shall not create overspill onto adjacent properties
or into the night sky.
The following design standards shall apply in the various subzones,
as set forth below:
1.
High Density 220 — Subzone A: Existing structures within
the High Density 220 — Subzone A are eight-plus-story mill structures.
It is anticipated that housing production within Subzone A will take
place entirely as redevelopment of existing buildings.
a.
Some mixed use is required on the first floor, restricted to
allowed nonresidential uses, where oriented towards the street. No
mixed use shall take place other than on the first floor. Not more
than 5% of the gross floor area of the structure shall be devoted
to such mixed use.
b.
Maximum height of the building shall be no greater than the
height of the existing structure in the subzone.
2.
High Density 120 — Subzone B: Existing structures within
the High Density 120 — Subzone B are seven-plus-story mill structures.
It is anticipated that housing production within Subzone B will take
place entirely as redevelopment of existing buildings.
a.
Some mixed use is required on the first floor, restricted to
allowed nonresidential uses, where oriented towards the street. No
mixed use shall take place other than on the first floor. Not more
than 5% of the gross floor area of the structure shall be devoted
to such mixed use.
b.
Maximum height of the building shall be no greater than the
height of the existing structure in the subzone.
3.
High Density 65 — Subzone C: Existing structures within
the High Density 65 — Subzone C are eight-plus-story mill structures.
It is anticipated that housing production within Subzone C will take
place entirely as redevelopment of existing buildings.
a.
Some mixed use is required on the first floor, restricted to
allowed nonresidential uses, where oriented towards the street. No
mixed use shall take place other than on the first floor. Not more
than 5% of the gross floor area of the structure shall be devoted
to such mixed use.
b.
Maximum height of the building shall be no greater than the
height of the existing structure in the subzone.
4.
Multifamily 20 — Subzone D: Washington Street Design Standards.
a.
New construction in this subzone shall provide public access
and view corridors to the Merrimack River from Washington Street.
b.
Mixed use is required, with the first floor restricted to allowed
nonresidential uses on street frontage.
c.
Buildings shall be oriented perpendicular to the riverfront,
or in such fashion as to maximize view corridors to the river.
d.
Buildings shall be designed in a manner so as to present a "front"
facade to both the Washington Street streetscape as well as to the
riverfront. Dual entries from Washington Street and from the riverfront
facade are required to promote the City's vision for an active, public
downtown waterfront.
e.
First-floor use along Washington Street and along the riverfront
shall be of a public and/or commercial nature.
f.
Maximum height shall not exceed six stories overall, with a
four-story maximum at Washington Street. If higher than four stories,
building shall step from Washington Street frontage from the front
cornice line along a 45° bulk control plane which begins at the
cornice height at the front lot line.
g.
In exchange for an easement for the public's right to pass from
Washington Street to the City's planned Riverwalk, a proposed project
may request an increase in height and density from standard dimensional
regulations contained herein. No building shall exceed a maximum height
of eight stories under any circumstances. The PAA will weigh the value
of the proposed public benefit against any potential impacts when
deciding whether to grant such a request.
5.
Multifamily 20 — Subzone D: Historic District; Design
Standards.
The application for plan approval shall be accompanied by 20
copies of the following plans and documents, which shall demonstrate
consistency with the standards set forth in this DSGOD. All site plans
shall be prepared by a certified architect, landscape architect, and/or
a civil engineer registered in the Commonwealth of Massachusetts.
All landscape plans shall be prepared by a certified landscape architect
registered in the Commonwealth of Massachusetts. All building elevations
shall be prepared by a certified architect registered in the Commonwealth
of Massachusetts. All plans shall be signed and stamped, and drawings
prepared at a scale of one inch equals 40 feet or larger, or at a
scale as approved in advance by the PAA, and shall show the following:
1.
The perimeter dimensions of the lot; Assessor's Map, lot and
block numbers.
2.
All existing and proposed buildings, structures, building setbacks,
parking spaces, driveway openings, distance between buildings, plan
view exterior measurements of individual buildings, driveways, service
areas and open areas.
3.
Internal roads, sidewalks and parking areas (width dimensions
of paving and indication of number of parking spaces).
4.
All facilities for sewage, refuse and other waste disposal and
for surface water drainage.
5.
All proposed landscaping features, such as fences, walls, planting
areas and walks on the lot and tract.
6.
Existing major natural features, including streams, wetlands
and all trees six inches or larger in caliper (caliper is girth of
the tree at approximately waist height).
7.
Scale and North arrow (minimum scale of one inch equals 40 feet).
8.
Total site area in square footage and acres and area to be set
aside as public open space, if appropriate.
9.
Percentage of lot coverage (including the percentage of the
lot covered by buildings) and percentage of open space, if appropriate.
10.
The proposed residential density in terms of dwelling units
per acre and types of proposed commercial uses in terms of the respective
floor area, and recreation areas, and number of units proposed by
type: number of one-bedroom units, two-bedroom units, etc., if appropriate.
11.
Location sketch map (indicate surrounding streets and properties
and any additional abutting lands owned by the applicant).
12.
Representative elevation sketches of buildings (indicate height
of building and construction material of the exterior facade).
13.
Typical unit floor plan for residential uses. (Floor plan should
be indicated for each type of unit proposed: either one bedroom, two
bedrooms or more.) The area in square feet of each typical unit should
be indicated.
14.
Developer's (or his representative's) name, address and phone
number.
15.
Draft housing marketing and selection plan as required by § 9.7.8.1.
16.
Evidence that the project complies with the cost and eligibility
requirements of this section.
17.
Project plans that demonstrate compliance with the dimensional
and design requirements of this section.
18.
A form of affordable housing restriction that satisfies the
requirements of this section.
19.
Any other information which may include required traffic, school,
and/or utilities impact study and in order to adequately evaluate
the scope and potential impacts of the proposed project.
20.
Rehabilitation plan. If living quarters are to be rehabilitated,
or areas to be converted into living quarters, in addition to the
required site plan, nine copies of the following described plan shall
be furnished:
a.
A floor plan of each floor on which remodeling is to be done
or areas converted into living quarters;
b.
A floor plan showing the stairways, halls, door openings into
the halls and exit doors of each floor or floors where remodeling
or converting is to be done; and
c.
An elevation of the parts of the building where outside stairways
or fire escapes are to be located. The plans and elevations shall
be clearly illustrated. The size of each plan shall be 11 inches by
17 inches or 22 inches; it shall be drawn to scale 1/4 inch equals
one foot.
All plans and elevations presented with the application shall
remain a part of the records of the PAA. The provision of the plan
and the application shall be the sole responsibility of the applicant.
1.
Filing. An applicant for plan approval shall file the application
and all required submittals with the City Clerk and shall also file
forthwith the required number of copies of the application form and
the other required submittals as set forth above with the PAA including
notice of the date of filing with the City Clerk.
2.
Circulation to Other Boards. Upon receipt of the application,
the PAA shall immediately provide a copy of the application materials
to the Planning Board, Board of Appeals, Board of Health, Conservation
Commission, Fire Department, Police Department, Building Commissioner,
Department of Public Works, Community Development, and other municipal
officers, agencies or boards designated by the PAA for comment, and
any such board, agency or officer shall provide any written comments
within 60 days of its receipt of a copy of the plan and application
for approval.
3.
Hearing. The PAA shall hold a public hearing for which notice
has been given as provided in MGL c. 40A, § 11. The decision
of the PAA shall be made, and a written notice of the decision filed
with the City Clerk, within 120 days of the receipt of the application
by the City Clerk. The required time limits for such action may be
extended by written agreement between the applicant and the PAA, with
a copy of such agreement being filed in the office of the City Clerk.
Failure of the PAA to take action within said 120 days or extended
time, if applicable, shall be deemed to be an approval of the application
and site plan.
4.
Peer Review. The applicant shall be required to pay for reasonable
consulting fees to provide peer review of the plan approval application,
pursuant to MGL c. 40R, § 11. Such fees shall be held by
the City in a separate account and used only for expenses associated
with the review of the application by outside consultants, including,
but not limited to, attorneys, engineers, urban designers, architects,
housing consultants, planners, and others. Any surplus remaining after
the completion of such review, including any interest accrued, shall
be returned to the applicant.
1.
Waivers. Except where expressly prohibited herein, upon the
request of the applicant, the Plan Approval Authority may waive dimensional
and other requirements of this section in the interests of design
flexibility and overall project quality, and upon a finding of consistency
of such variation with the overall purpose and objectives of the DSGOD,
or if it finds that such waiver will allow the project to achieve
the density, affordability, mix of uses, and/or physical character
allowable under this section.
2.
Plan Review. An application for plan approval shall be reviewed
for consistency with the purpose and intent of this article, and such
plan review shall be construed as an as-of-right review and approval
process as required by and in accordance with the Enabling Laws.
3.
Plan Approval. Plan approval shall be granted where the PAA
finds by majority vote of the members present that:
a.
The applicant has submitted the required fees and information
as set forth in this section; and
b.
The project and site plan meet the requirements and standards
set forth in this section, or a waiver has been granted therefrom;
and
c.
Extraordinary adverse potential impacts of the project on nearby
properties have been adequately mitigated.
4.
Plan Disapproval. A site plan may be disapproved only where
the PAA finds that:
a.
The applicant has not submitted the required fees and information
as set forth in this section; or
b.
The project and site plan do not meet the requirements and standards
set forth in this section, or a waiver has not been granted therefrom;
or
c.
It is not possible to adequately mitigate significant adverse
project impacts on nearby properties by means of suitable conditions.
5.
Form of Decision. The PAA shall issue to the applicant a copy
of its decision containing the name and address of the owner, identifying
the land affected, and the plans that were the subject of the decision,
and certifying that a copy of the decision has been filed with the
City Clerk and that all plans referred to in the decision are on file
with the PAA. If 20 days have elapsed after the decision has been
filed in the office of the City Clerk without an appeal having been
filed or if such appeal, having been filed, is dismissed or denied,
the City Clerk shall so certify on a copy of the decision. If a plan
is approved by reason of the failure of the PAA to timely act, the
City Clerk shall make such certification on a copy of the application.
A copy of the decision or application bearing such certification shall
be recorded in the registry of deeds for the county and district in
which the land is located and indexed in the grantor index under the
name of the owner of record or recorded and noted on the owner's certificate
of title. The fee for recording or registering shall be paid by the
applicant.
1.
Minor Change. After plan approval, an applicant may apply to
make minor changes involving minor utility or building orientation
adjustments, or minor adjustments to parking or other site details
that do not affect the overall buildout or building envelope of the
site, or provision of open space, number of housing units, or housing
need or affordability features. Such minor changes must be submitted
to the PAA on redlined prints of the approved plan, reflecting the
proposed change, and on application forms provided by the PAA. The
PAA may authorize such changes at any regularly scheduled meeting,
without the need to hold a public hearing. The PAA shall set forth
any decision to approve or deny such minor change by motion and written
decision, and provide a copy to the applicant for filing with the
City Clerk.
2.
Major Change. Those changes deemed by the PAA to constitute
a major change because of the nature of the change in relation to
the prior approved plan, or because such change cannot be appropriately
characterized as a minor change as described above, shall be processed
by the PAA as a new application for plan approval pursuant to this
section.
The provisions of the DSGOD shall be administered by the Building
Inspector, except as otherwise provided herein. Any appeal arising
out of action by the PAA regarding application for plan approval shall
be governed by the applicable provisions of MGL c. 40R. Any other
request for enforcement or appeal arising under this § 9.8
shall be governed by the applicable provisions of MGL c. 40A.
If any provision of this section is found to be invalid by a
court of competent jurisdiction, the remainder of Section shall remain
in full force. The invalidity of any provision of this § 9.8
shall not affect the validity of the remainder of the City's Zoning
Ordinance.
