[HISTORY: Adopted by the Planning Board of the Town of Marshfield 1-27-2003; as amended 3-17-2003; 8-10-2009; 7-24-2017 and 12-13-2021. Subsequent amendments noted where applicable.]
A.
Purpose and authority. The following rules and regulations 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 development within the Planned Mixed-Use Development (PMUD) Zoning Overlay District pursuant to § 305-13.06 of the Marshfield Zoning Bylaw. The purpose of the district, as stated in the Zoning Bylaw, is as follows:
(1)
To provide an opportunity to comprehensively plan a large tract of
land in a pedestrian-friendly, campus-like setting, around a public
green.
(2)
To ensure high-quality site planning, architecture and landscape
design to create a distinct visual character and identity for the
development that provides an environment with safety, convenience
and amenity.
(3)
To ensure any potential traffic impacts of the planned mixed-use
development are properly mitigated and in keeping with the character
of the Town of Marshfield.
(4)
To generate positive tax revenue, while providing the opportunity
for new business growth and additional local jobs.
B.
Adoption and amendment. These rules and regulations may be adopted
and from time to time amended by majority vote of the Planning Board,
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 such application for the
area of land comprising the application locus.
It is recommended that an applicant meet with the Planning Board
staff and Building Department prior to submitting a special permit
application to discuss site plan requirements and design objectives.
The applicant should provide a concept plan (for discussion purposes)
for said meeting. A pre-application conference is to assist in the
identification of issues and in determining information necessary
to meet the requirements of the Zoning Bylaw for the application.
If determined necessary by staff and requested by the applicant, the
Planning Board may hold a pre-application conference at any regular
meeting of the Board.
A.
A planned mixed-use development is a special permit application,
which allows the Town and an applicant greater flexibility in the
development of the land within the overlay district. These rules and
regulations are intended to establish specific guidelines regarding
submittal requirements, review procedures and required performance
standards.
B.
The applicant files a special permit application as described in § 414-5 with the Planning Board, serving as the special permit granting authority (SPGA), for an element (or combination of elements). An element may be a single use or group of uses within a phase of the overlay district. An element is a tract of land in single or consolidated ownership at the time of application and shall be a minimum of seven acres in size and contain at least 150 feet of frontage within the PMUD Overlay District as shown on the Town of Marshfield Zoning Map, as amended. An element can be planned for and developed in phases. Additional land can be added to or substituted within a phase, from time to time, provided that the seven-acre minimum locus is preserved and that a revised application and plan is filed. Each element shall contain or provide for the overall road network, roadway drainage, location of the public green, bike and pedestrian ways, lots and proposed uses.
A.
Application form.
(1)
Application for special permits shall be made on an official form, which shall be furnished by the Town Clerk or the Planning Board office upon request. All information indicated on this form and listed under § 414-5B of these rules and regulations shall be supplied by the applicant at the time of application. Failure to meet this requirement will be considered a failure to submit a complete application and the Planning Board will open and close the public hearing without testimony and shall deny the proposal. Such denial shall not subject the project to MGL c. 40A, § 16, relative to repetitive petitions.
(2)
Applicants are encouraged to file any necessary applications with
the Planning Board at the same time so that the hearings may be held
concurrently.
B.
Contents of an application. The completed application form, original plan and three copies of all information shall be submitted to the Planning Board with an additional copy filed with the Town Clerk by the applicant. All plans and information shall also be provided to the Board in an electronic (PDF) form. The Board shall, within 10 days after receipt thereof, distribute such plans as provided in § 414-8A herein. The following information shall be furnished by the applicant:
(1)
The applicant or applicants must demonstrate proof of ownership of
all property subject to the application or a notarized statement by
the owner(s) of the property authorizing the applicant to file an
application for the property.
(2)
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 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 within the plan
locus.
(3)
Site plans shall meet the requirements of the Marshfield Subdivision Rules and Regulations, § 405-8B(1)(a) to (w), and include the following required elements:
(a)
The location of existing wetlands, streams and rivers, water
bodies, wells, one-hundred-year floodplain elevation, slope areas,
vistas, geological features, including topography (two-foot contours),
stone walls, fire trails, unique vegetation, historic features and
other natural features that may be important to the site.
(b)
Existing and proposed street, parking, drainage and utility
systems prepared by a Massachusetts registered professional engineer.
(c)
Property line plan by a Massachusetts registered land surveyor.
(d)
Drainage calculations for proposed roadways meeting the requirements of § 405-10 of the Subdivision Rules and Regulations, including measures proposed to prevent pollution of surface water or groundwater, soil erosion, increased runoff and flooding.
(e)
All existing and proposed buildings, structures, parking areas,
loading areas, driveway openings, driveways, walkways, access and
egress points, service areas, recreation areas and other open spaces,
including dimensions and all elevations.
(f)
Existing and proposed easements within the lot.
(g)
Existing and proposed on-site wells, water supply systems, storm
drainage systems, utilities, sites for enclosed refuse containers
and location and capacity of septic systems.
(h)
The location and description of all existing and proposed topographic
features on the lot and adjoining areas within 50 feet of said lot,
including two-foot contours, walks, fences, walls, planting areas
and greenbelts.
(i)
Percent of building lot coverage.
(j)
Impervious surface area and open space (natural and landscaped)
of the lot.
(k)
The distance of existing and proposed buildings from the lot
lines and the distance between buildings on the same lot.
(4)
A landscape plan for all proposed roadway rights-of-way, to include
the total square feet of all landscaped areas, including a depiction
of materials to be used, and the quantity, size and species of plantings.
(5)
A narrative describing the manner in which the land designated on
the plans as public green(s) will be either placed under a permanent
conservation restriction or deeded to the Town of Marshfield. The
narrative shall also describe any uses and facilities proposed within
the public green(s). If several uses are proposed, the plans shall
specify what uses will occur in what areas. The narrative shall also
address compliance of the public green(s) with the design requirements
in § 305-11.05D(14) of the Zoning Bylaw.
(6)
A draft copy of any proposed declaration of covenants and restrictions
and/or permanent conservation restrictions governing the public green(s)
within the application or, if the public green(s) will be deeded to
the Town, a statement to that effect.
(7)
A draft easement for the maintenance of the public green(s), as specified in § 305-13.06E(2) of the Marshfield Zoning Bylaw.
(8)
The application shall also furnish a summary of the vital statistics
of the project. Such statistics shall include: total gross and net
acreage of locus; total length of new roadways; area and maintenance
plan for public green(s); and the acreage of land within the proposal.
(9)
A traffic study shall include information as specified in § 305-13.10
of the Zoning Bylaw. This overall traffic study will assist the Town
and applicants (within the PMUD) to determine the overall impact of
the development of each element of the PMUD and determine the best
mitigation package for the Town and development. It is also to provide
the Planning Board and the applicant(s) a method to determine a fair
share of the required mitigation package. Include 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.
(10)
Height of all buildings above average finished grade of abutting
streets, including architectural details, and the amount(s) in square
feet of proposed building(s).
(11)
Proposed traffic mitigation measures applying to both on-site
and related off-site conditions, as identified in § 305-13.05F(3),
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.
(12)
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.
(13)
Number of parking spaces, and estimated water consumption and
sewage discharge.
C.
Special permit review standards. In exercising its jurisdiction under
this section, the Board shall conform to all requirements applicable
to the Board when deciding requests for special permits as set forth
in MGL c. 40A, § 9, and Article X of the Marshfield Zoning
Bylaw. The Board during its site plan review shall utilize the following
objectives, in addition to any standards prescribed elsewhere in these
rules and regulations. These objectives are intended to provide specific
guidelines for the Board and the applicant:
(1)
Access to Route 139 (Plain Street) from a PMUD shall be through a
secondary street as defined in the Planning Board Subdivision Rules
and Regulations at a signalized intersection.
(2)
A public green shall be required for each phase of development within
the PMUD, and a public green can serve more than one development phase.
The public green(s) shall be a minimum of 1/2 acre in size per every
seven acres within an element and be designed as a pedestrian-friendly
park. The public green(s) shall contain some combination of benches,
tables, playground equipment, sidewalks, lighting and landscaping.
Each green shall be used solely for active and passive recreation
purposes and shall be open to the public. The total acreage of the
green in each element may be used toward the land area calculations
to determine allowable density for one of the uses within that element.
(3)
Architectural details. Architectural details of new buildings and
additions, and textures of walls and roof materials, should be harmonious
with the building's overall architectural style and should preserve
and enhance the historic character of Marshfield.
(4)
Building articulation. Building facades in excess of 40 feet shall
incorporate recesses and projections, of a minimum of two feet in
depth, to break up the building's mass. A minimum of 60% of the
building's public green(s) and/or street side facade shall contain
windows and other appropriate architectural elements. The windows
should be divided by muntins and framed with a casing trim; awnings
should be designed as an integral part of the building facade; metal
awnings are discouraged. Facades shall emphasize architectural elements
(including windows, balconies, porches, entries, etc.) that create
a complementary pattern or rhythm, dividing large buildings into smaller
identifiable pieces. This standard may be waived for building facades
fronting on Route 139 (Plain Street) where, in the opinion of the
Planning Board, the elevated vegetated buffer provides adequate screening.
(5)
Building form and features. The mass, proportion and scale of the
building, roof shape, roof pitch, and proportions and relationships
between doors and windows should be harmonious among themselves.
(6)
Building location. Proposed buildings and structures shall be integrated
as much as possible within the existing building locations, landscape
and terrain. Building location shall be oriented parallel or perpendicular
to the public green(s) and/or street and shall be oriented around
the public green and not Route 139 (Plain Street). Where the minimum
setback cannot be maintained, the applicant shall provide adequate
spatial definitions through the use of walls, fences and/or other
elements which will maintain the street line. Uses shall be grouped
together to maximize pedestrian access by connecting sidewalks and
pathways. The large retail establishment shall either provide an entrance
to the public green or side facade to the public green shall be lined
with uses to enhance the pedestrian activities and the use of the
public green(s).
(7)
Building design. The design of proposed buildings, structures and
additions shall complement, whenever feasible, the general setback,
roofline, roof pitch, arrangement of openings, color, exterior materials,
proportion and scale of existing buildings in the vicinity.
(8)
Spatial definition. Define various areas both public and private
with walks, plantings, walls, fences and other elements that are in
keeping with the overall architectural design.
(9)
Parking design. The majority of the parking shall be located to the
rear or sides of buildings. All parking and loading areas shall be
completely screened from Route 139 (Plain Street) by a minimum fifty-foot-wide
raised and landscaped buffer. Parking lots and loading areas shall
be appropriately screened from roadways within the overlay district
by a minimum twenty-foot-wide raised and landscaped buffer. Appropriately
designed view corridors of buildings from the roadways within the
overlay district shall be allowed.
(10)
Parking spaces. Applicant shall demonstrate adequacy of space
for the off-street loading and unloading of vehicles, goods, products,
materials and equipment incidental to the normal operation of the
establishment. Reduction in parking space requirements may be permitted
where by design and use it is shown to the Board's satisfaction
that the parking is compatibly shared by multiple uses. However, in
no case shall a parking requirement reduction exceed 20% of those
parking spaces required under normal application of requirements for
the nonresidential uses proposed.
(11)
Special features. Exposed machinery, utility structures and
areas for parking, loading, storage, service and disposal shall be
screened from adjoining properties and streets as deemed necessary
by the SPGA.
(12)
Lighting. All lighting and other sources of illumination, whether interior or exterior, and all intense light emanating from operations or equipment shall be shielded from direct view at normal eye level from adjacent properties. Lighting should match the architectural style of the building and comply with the Zoning Bylaw, § 305-8.09.
(13)
Pedestrian furnishings. The Board shall evaluate convenience
and safety of vehicular and pedestrian movement within the site, and
in relation to adjacent streets, property or improvements. Benches,
bicycle racks, bollards, pedestrian-scale lighting, street trees,
refuse containers, flower boxes and canopies shall be provided where
deemed appropriate by the SPGA and shall be consistent with the character
of the development.
(14)
Disposal. The Board shall review adequacy of the methods of
disposal for sewage, refuse and other wastes resulting from the uses
permitted or permissible on the site and the methods of drainage for
surface water, including consideration of groundwater recharge.
(15)
Protection. The Board shall ensure protection of adjoining premises
against detrimental or offensive uses on the site.
(16)
The Board shall review all submittals for compliance with the required performance standards under § 305-13.05D of the Zoning Bylaw and with the criteria for review and approval under § 305-13.05F of the Zoning Bylaw.
A.
Administrative expenses. Fees for the review and staff time required to process the application by the Planning Department, Conservation Commission, Board of Health, Fire Department, Police Department, Building Department and Highway, Sewer and Water Divisions, or consultants used in lieu of departmental staff, shall be as provided in Chapter 420, Fee Schedule.
B.
Review fees/special accounts. Applicants for special permits shall deposit review fees in the amount as provided in Chapter 420, Fee Schedule, into a special account subject to guidelines set forth in § 405-8A(6) of the Subdivision Rules and Regulations. The consulting review fee may be expended as specified in the Subdivision Rules and Regulations for review of the special permit application. No additional fee is associated with the special permit application.
C.
Other costs and expenses. The applicant is responsible for mailing
public hearing notices to abutters by certified mail, return receipt
requested. Return receipts are to be submitted to the Planning Board
prior to the public hearing.
D.
Special permit modification. The administrative fee for a modification to an existing special permit is as provided in Chapter 420, Fee Schedule. The applicant shall submit a check made out to the Town of Marshfield at the time of the request to modify the PMUD special permit.
E.
Fee waiver. 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.
Distribution of plans. Upon filing of a complete application, the
Planning Board shall distribute copies of the plans and supporting
information to the following 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. Such 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, by certified mail, to the regional office of
the Massachusetts Department of Transportation.
B.
Submittal of comments. These departments shall have 35 days to review
and submit written comments to the Board. Failure of the various boards
and commissions to make comment or recommendations within the thirty-five-day
time frame shall be deemed by the Planning Board as lack of opposition
thereto. Notwithstanding this deadline, the Planning Board reserves
the right to request comments from boards that have failed to do so
based on issues raised at the public hearing and to consider those
comments in making its final decision.
C.
Decision report. The Board shall, within 90 days of the close of
the public hearing, issue a decision pertaining to each complete application.
Each decision shall include an approval, an approval with conditions,
or a denial with specific citations stating where the application
did not comply with the required performance standards and/or the
criteria for review and approval. If the special permit does not incorporate
the suggestions or requirements of any reports from Town departments
or is issued contrary to their recommendations, the Planning Board
shall in its written decision state the reasons for not following
the recommendations or requirements of said reports.
D.
Modification. The Board shall have the power to modify or amend its approval of a Phase I subdivision and land classification plan or Phase II site plan review on application of the owner, lessee or mortgagee of the premises, or upon its own motion if such power is reserved by the Board in its original approval. All of the provisions of these rules and regulations and § 305-11.05 of the Marshfield Zoning Bylaw shall, where apt, be applicable to such modification or amendment.
A.
Withdrawal of application. An applicant may withdraw an application
without prejudice 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. 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 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 these rules and regulations.
E.
Effectiveness of special permit. No special permit shall take effect
until certification by the Town Clerk is recorded in the Registry
of Deeds and indexed under the name of the record owner of the land
that 20 days have elapsed after the filing of the decision and no
appeal has been filed.
F.
Lapse of special permit. 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.
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.
A.
As a condition to a subdivision and land classification plan, the applicant shall post a performance guarantee as described in the Subdivision Rules and Regulations, § 405-8E, 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 commencement of construction, unless the Board shall specify otherwise. The purpose of the guarantee for Phase I subdivision and land classification plans is to assure completion of roadways, landscaping, drainage, erosion control or safety measures which may affect abutters or the public.
B.
As a condition to a special permit, the applicant shall post a performance guarantee as described in the Subdivision Rules and Regulations, § 405-8E, 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 issuance of a building permit, unless the Board shall specify otherwise. The purpose of the guarantee for Phase II special permits is to assure completion of parking lots, landscaping, public green(s) or safety measures which may affect abutters or the public.
C.
If the applicant is not the owner and must purchase to assume such
obligations, the applicant 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 regulations are severable.
If any provision 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.
