[HISTORY: Adopted by the Planning Board of the Town of Marshfield 3-19-1990; as amended
through 8-10-2009. Subsequent amendments noted where applicable.]
A.
Purpose
and authority. The following rules are hereby adopted by the Marshfield
Planning Board as provided in MGL c. 40A for the purpose of establishing
uniform procedures for the granting of special permits for the development
of elderly and handicapped housing. These regulations were amended
on December 15, 2003, in order to encourage the production of housing
units that are affordable in perpetuity to elderly and handicapped
persons of low or moderate income.
B.
Adoption
and amendment. These rules and regulations may be adopted and from
time to time amended by majority vote, provided such adoption or amendment
is submitted in writing at a meeting of the Board and action thereon
taken after a public hearing.
C.
Effective
date. These rules and regulations are effective when voted. A copy
shall be filed with the office of the Town Clerk, with appropriate
endorsements, such as date of adoption, date filed with Town Clerk,
and dates of amendments.
An application or petition for a special permit may be brought
by a property owner, agent or prospective purchaser who submits certification
of property interest and authority to file.
The Planning Board may hold pre-application conferences at any
regular or special meeting of the Board. If the applicant proposes
to include affordable units within the development, the applicant
is encouraged to attend a pre-application conference with the Marshfield
Housing Authority. Concept plans may be submitted for discussion purposes
and to assist in the identification of the nature of information necessary
to meet the requirements of the Zoning Bylaw for the special use.[1]
A.
Official application form. Application for special permits shall
be made on an official form, which shall be furnished by the Town
Clerk or the staff of the Planning Board upon request. This will include
a copy of the monitoring agreement to be signed upon completion of
construction with the Marshfield Housing Authority. Any communication
not on an official form shall be considered as a notice of intention
to apply and not as an application. All information indicated on the
form shall be accurately and fully supplied by the applicant. Failure
to meet this requirement will be considered a failure to submit an
application, and no public hearing will be scheduled.
B.
Certified list of abutters.
(1)
The applicant shall obtain from the Board of Assessors a certified
list of the names and addresses of all owners of land abutting the
proposed development as appearing in the most recent tax list. The
applicant shall mail the notice to abutters by certified mail, return
receipt requested, not less than 10 days before the date of the hearing.
The prepared notice shall be verified by the Planning Board or its
agent before being mailed by the applicant. The applicant shall submit
envelopes addressed to each abutter along with certified mail, return
receipt requested slips, to be filled out for each abutter. Return
receipts are to be addressed to the Planning Board for further verification:
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Marshfield Planning Board
Town Hall
870 Moraine Street
Marshfield, MA 02050
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(2)
Failure to comply with the requirements of this section will result
in the continuation of the public hearing.
C.
Contents of an application. The completed application form, original
plan and 17 copies shall be submitted to the Planning Board with an
additional copy filed with the Town Clerk by the applicant. The following
information shall be furnished by the applicant:
(1)
A site plan drawn at a scale of one inch equals 40 feet, unless another
scale is previously requested and found suitable by the Board.
(2)
A professional engineer, registered architect or registered landscape
architect shall prepare the site plan.
(3)
The plan shall be stamped by the registered land surveyor who performed
the boundary survey and who shall certify the accuracy of the locations
of the buildings, setbacks and all other required dimensions, elevations
and measurements and shall be signed under the penalties of perjury.
(4)
The scale, date and North arrow shall be shown.
(5)
Lot number, dimensions of lot in feet, size of lot in square feet,
and width of abutting streets and ways.
(6)
Easements within the lot and abutting thereon.
(7)
The location of existing or proposed buildings on the lot shall be
shown with the total square footage and dimensions of all buildings,
all building elevations and floor plans, and perspective renderings.
The information shall be sufficient so that the Board may make recommendations
regarding, among other things, the architectural value and significance
of the site, building or structure, the general design, arrangement
and texture, material and color of the features involved and the relation
of such features to similar features of buildings and structures in
the surrounding area.
(8)
The total number and breakdown of elderly and/or handicapped dwelling
units, including designation of dwelling units reserved in perpetuity
for occupancy by persons or families of low or moderate income. Affordable
housing units shall be of comparable design and construction and shall
not be segregated from market-rate or larger dwelling units in the
development in which they are proposed.
(9)
The location of existing wetlands, vernal pools, water bodies, wells,
one-hundred-year floodplain elevation, streams, vistas, slope areas,
geological features, unique vegetation, historic features, and other
natural features that may be important to the site. Where wetland
delineation is in doubt or dispute, the Planning Board shall require
the applicant to submit to the Conservation Commission a request for
determination of applicability pursuant to MGL c. 131, § 40,
and 310 CMR 10.05(3), the Wetlands Protection Act.
(10)
The distance of existing and proposed buildings from the lot
lines and the distance between buildings on the same lot.
(11)
Percent of building lot coverage and percentage of paved (impervious)
area used for parking, loading, and access within the property.
(12)
Existing and proposed topographical lines at two-foot intervals
on tract and within 50 feet thereof.
(13)
Height of all buildings above average finished grade of abutting
streets, including architectural details.
(14)
A landscape plan to include the total square feet of all landscape
and recreation areas and depiction of materials to be used and the
quantity, size, and species of plantings.
(15)
Deed or other recorded instrument that shows the applicant to
be the owner under option of the land to be designated as an elderly
and handicapped residential development, and that the land is in single
or consolidated ownership at the time of final plan application.
(16)
The applicant shall submit information to address the following: measures proposed to prevent pollution of surface water or groundwater, soil erosion, increased runoff, and flooding; design features intended to integrate the proposed new development into the existing landscape, to enhance aesthetic assets, and to screen objectionable features from neighbors; and projected traffic flow patterns into and upon the site for both vehicles and pedestrians and an estimate of the projected number of motor vehicle trips to and from the site for an average day and for peak hours; the information and proposed mitigation measures shall apply to both on-site and related off-site conditions, as identified in § 305-11.08B, Required performance standards, of the Marshfield Zoning Bylaw. The scheduling of mitigation measures shall ensure that said remedies are in place and functioning properly at the time of project occupancy. The Planning Board reserves the right to require additional information as may be necessary to protect the public interests outlined in § 305-11.08 and relevant sections of the Zoning Bylaw.
(17)
The location and acreage of areas to be devoted to specific
principal and accessory uses.
(18)
Existing and proposed street, parking, drainage, and utility
system shall be prepared by a Massachusetts registered professional
engineer and the property line plan by a Massachusetts registered
land surveyor.
(19)
A locus plan at a scale of one inch equals 100 feet, 200 feet,
or 400 feet showing the location, names, and present widths of the
secondary streets bounding, approaching or within reasonable proximity
of the site, and including the tracts of land, ownership, and topography
from Assessor's plans or field survey, if available, of properties
therein.
(20)
The application shall also furnish a summary of the vital statistics
of the project. Such statistics shall include: total gross and net
square footage, number of parking spaces, estimated water consumption
and sewage discharge, and total number and location of affordable
units demonstrating compliance with required performance standards.
(21)
One copy of all local, state, and federal approvals, if obtained
prior to site plan approval, including any variances obtained prior
to site plan approval.
(22)
Applicants seeking an affordable housing density bonus shall
demonstrate in their application that the affordable units comply
with the requirements of 760 CMR 45.03, Local Initiative Units. The
applicants shall complete and return with their application the attached
worksheet titled "Local Initiative Program - Units Only Application"
dated 2003, or as amended.[1]
[1]
Editor's Note: The worksheet is available at the Planning
Board office.
D.
Performance standards for affordable housing developments.
(1)
Applicants are required to include a minimum of 10% of the total
number of dwelling units as affordable to households at or below 80%
of the area median income as published by the Department of Housing
and Urban Development.
(2)
Applicants shall include with their application a copy of the proposed
resale restrictions for the affordable units. The restrictions shall
remain in force in perpetuity and shall be approved as to form by
legal counsel to the Planning Board, and the right of first refusal
upon the transfer of such restricted units shall be granted to the
Marshfield Housing Authority for a period not less than 120 days after
notice thereof.
(3)
Applicants shall include with their application a copy of the proposed
monitoring agreement with the Marshfield Housing Authority which will
be signed upon completion of construction. The monitoring agreement
shall remain in force for 99 years and shall be approved as to form
by legal counsel to the Planning Board.
(4)
The applicant shall affirmatively take steps to utilize the Marshfield
Housing Authority, a public agency, a nonprofit agency, limited dividend
corporation, or other appropriate entity, and through a Local Initiative
Program petition or other similar mechanism or program, cause application
to be made to the Department of Housing and Community Development
(DHCD), so as to timely furnish all forms and information necessary
to promote the designation of those units designated as affordable
as affordable units qualifying as part of the Subsidized Housing Inventory.
The Planning Board shall require submission of application forms and
appropriate information to the DHCD as a condition of approval.
(5)
Affordable units created through this special permit shall be marketed
in a manner consistent with the affirmative marketing plan of the
Marshfield Housing Authority.
[Amended 7-24-2017]
All applications shall be accompanied by a certified check made
payable to the order of the Town of Marshfield. All payments must
be made within 30 days of billing date. Fees can be waived for applications
from the Town of Marshfield and religious and nonprofit organizations,
at the discretion of the Planning Board, on a case-by-case basis.
A.
Administrative fees.
(1)
A minimum administrative fee as provided in Chapter 420, Fee Schedule, for a special permit application shall be charged to defray the expenses incurred by the Town for administrative costs.
(2)
The applicant will be charged an additional fee as provided in Chapter 420, Fee Schedule, if the application requires technical assistance from the Local Initiative Program staff. Review fees for eligibility for the affordable housing density bonus shall be deposited with and administered by the Planning Board.
(3)
Approved development applications will be assessed a monitoring fee as provided in Chapter 420, Fee Schedule, to support the work of the Marshfield Housing Authority to run a housing lottery and to ensure that the unit remains affordable in perpetuity. Developers will be required to pay all advertising costs for affordable units.
B.
Consultant fees. Where normal in-house engineering services are unavailable
and/or where specific conditions arising from the land or the nature
of the proposal necessitate the assistance of a planning, engineering,
traffic, soils, hydrologic, or other consultant, the Planning Board
may engage such consultant services to assist the Board in its review
at the applicant's expense. The Board shall so notify the applicant
in writing, along with an estimate provided by the Board's consultant
of the cost of such studies the Board has determined to be necessary.
Prior to commencement of such studies, the applicant shall post a
minimum performance guarantee of $5,000 in an interest-bearing escrow
account with the Town Treasurer/Collector in the name of the Marshfield
Planning Board. The consultant shall provide monthly invoices to the
Planning Board for approval of services and shall report directly
to the Planning Board as to his findings, investigations, scope of
work, and action. The Planning Department shall inform the applicant
of the need to deposit additional funds if at any time the Town's
obligation to its consultant shall exceed the funds held in escrow
for review purposes. Release of approved plans and building permits
shall not be given until the Town has been compensated in full for
review costs as outlined herein.
C.
Other costs and expenses. The applicant is responsible for preparing
addressed notices to abutters by certified mail, return receipt requested.
The prepared notice shall be then verified by the Planning Board or
its agent before being mailed by the Planning Board agent. Return
receipts are to be addressed to the Planning Board for further verification.
The prepared notices/certified mailing shall be delivered to the Planning
Board agent with the application at the time of filing. Upon final
action (filing of a decision with the Town Clerk) the Planning Board
shall return the balance of funds in escrow to the applicant but shall
retain sufficient funds to cover any unpaid portion of any approved,
outstanding invoice until such payment is made and shall so notify
the applicant in writing.
[Amended 7-24-2017]
Upon a filing of application and plans with the Town Clerk,
the Planning Board shall distribute copies of the plans and supporting
information to the following Town departments: Planning Board, Planning
Board Engineering Consultant, Planning Board Water Scientist (if within
the Water Resource Protection District), Assessors, Town Clerk, Conservation
Commission, Engineering Division, Water Division (two), Highway Division,
Housing Authority, Board of Health, Building Department, Historical
Commission, Police Department and Fire Department. Said distribution
shall be completed within 10 days of the receipt of the plans and
application by the Planning Board. In addition, where the property
abuts or is accessed within 100 feet of a state highway (Route 3A
or Route 139), the Planning Board shall mail a copy of plans and supporting
application materials in a pre-addressed envelope, certified mail,
to the District 7 office, Massachusetts Department of Transportation,
to serve to alert both the applicant and the Department of Transportation
of potential curb cut permit issues. These departments shall have
35 days to review and submit written comments to the Board. Failure
of the various boards and commissions to make comments or recommendations
within the thirty-five-day time frame shall be deemed by the Planning
Board as a lack of opposition thereto.
A.
Decision report. If a special permit does not incorporate the suggestion
of requirements of any properly filed report(s), or is issued contrary
to its recommendations, the Planning Board shall issue a written decision
stating the reasons for not following the recommendations or requirements
of such report(s).
B.
Procedural review.
(1)
The Board, acting as the SPGA, shall follow all procedural requirements
of MGL c. 40A, § 9.
(2)
Public hearing. The Planning Board shall schedule a public hearing
within 65 days of receipt of an application. Notice of said hearing
shall be advertised and mailed to parties of interest as required.
(3)
Action by the Board. Within 90 days of the close of the public hearing,
the Planning Board shall file a decision with the Town Clerk, indicating
approval, conditional approval, or denial of a special permit.
A.
Withdrawal of application.
(1)
An application may be withdrawn without prejudice by an applicant
by notice in writing to the Clerk of the Board at any time prior to
the first publication of the notice of the public hearing.
(2)
After such notice, withdrawal of an application shall be permitted
only by majority vote of the Board.
B.
Reconsideration. No vote on an application may be reconsidered after
the meeting at which the decision was rendered has been adjourned.
C.
Appeals. Any person aggrieved by a decision of the Board as special
permit granting authority may appeal such decision as provided in
MGL c. 40A, § 17, within 20 days after such decision has
been filed in the office of the Town Clerk.
D.
Reapplication. No application which has been unfavorably and finally acted upon by the Board shall be reconsidered for a special permit within two years after the date of the said final unfavorable action, unless the Board finds by vote of four members specific and material changes in the conditions upon which the previous unfavorable action was based and such changes are described in the record of the Board's proceedings, and after notice is given to parties in interest of the time and place of the proceedings to reconsider in the same manner as provided for in § 408-6 of these rules and regulations.
E.
Lapse of special permit. Per Subsection E(4) of § 305-11.08 of the Zoning Bylaw, every special permit authorized by the Board shall contain the express condition that it will lapse if substantial use under the permit is not commenced within two years from the date of final action by the Board, except for good cause, or the final determination of an appeal.
F.
Extension of special permits. No special permit shall take effect
until a copy of the decision, bearing the certification of the Town
Clerk that 20 days have elapsed after the filing of the decision and
no appeal has been filed, is recorded in the Registry of Deeds and
indexed under the name of the record owner of the land.
As a condition to a special permit, the applicant shall post
a performance bond to cover the period of construction or provide
other safeguards in the form and amount or penal sum acceptable to
the Board prior to the expiration of the twenty-day appeal period,
unless the Board shall specify otherwise. The purpose of the bond
is to assure correction of drainage, erosion control or safety problems
which may affect abutters or the public. If the applicant is not the
owner and must purchase to assume such obligations, he shall comply
within 20 days following the date of purchase. Upon completion of
construction work, and satisfactory inspection by the Planning Board
or its agent, the bond shall be returned to the applicant. In the
event of any dispute, the Planning Board shall have the right to require
as-built plans certified by the appropriate registered architect,
professional engineer, or surveyor as a basis for its findings.
The provisions of these rules and regulation are severable.
If any provision of these rules and regulations is held invalid, the
other provisions shall not be affected thereby. If the application
of these rules and regulations or any of their provisions to any person
or circumstances is held invalid, the application of these rules and
regulations and their provisions to other persons and circumstances
shall not be affected thereby.
Full compliance with these regulations may be waived by the
Board, provided such waivers are deemed to serve the public interest
and are not conflicting with MGL c. 40A.
