A.
In all
districts, the use of land for the primary purpose of agriculture,
horticulture, floriculture or viticulture and the expansion or reconstruction
of existing structures related thereto, including those facilities
for the sale of produce and wine and dairy products, shall be permitted;
provided, further, that the majority of such produce and wine and
dairy products must be produced by the owner of the land on which
the facility for the sale of such products is located. All of the
uses permitted above are limited to parcels of land which are five
(5) acres or larger.
B.
Marijuana.
The sale, cultivation or harvesting of marijuana in any form whatsoever,
on any land within the Town of Randolph, shall not be construed so
as to fall within this section and shall not be considered agriculture.
[Added 1-28-2013 by Ord.
No. 2013-001; amended 5-6-2013 by Ord. No. 2013-004]
A.
No trailer camp or court shall be permitted in Randolph.
A trailer camp or court is defined as more than one (1) trailer.
B.
No trailer, storage container (excluding solid waste
container) or mobile home shall be used in the Town as a residence;
a place of business; or for storage or accessory use; except trailers
used for government or public utility construction projects, or for
temporary office purposes on construction sites, while construction
is in progress; or trailers and/or storage containers or mobile homes
used for temporary political purposes or by a temporary carnival/fair
sponsored by a not-for-profit organization. All such trailers, storage
containers or mobile homes shall comply with all the regular and special
regulations of the Board of Health, Plumbing Inspector, Building Commissioner,
and Wiring Inspector, insofar as applicable to trailers, storage containers
or mobile homes.
(1)
Exempt from these provisions are recreational vehicles, travel trailers, tent trailers, boat trailers, or mobile homes which are parked or stored but not used as a residence or place of business or for business use. There is to be no more than one (1) such vehicle per lot and it must be parked or stored in compliance with front, side and rear yard requirements of Article VI, §§ 200-28, 200-29, and 200-30, of this chapter.
C.
A nonconforming structure or use damaged or destroyed
by accidental causes may be repaired, reconstructed or restored either
within the same portion of the lot or within a different portion of
the lot, provided that doing so renders the structure less nonconforming
than previously, and used as before, provided that such repair, reconstruction
or restoration shall be completed within two (2) years of said accidental
damage or destruction.
[Added 4-24-2001 ATM by Art. 24, approved
12-21-2001]
D.
The owner or occupier of a residence or business which
has been destroyed by fire or other natural holocaust may place a
mobile home or trailer on the site of such residence or business and
reside in such home, for a period not to exceed twelve (12) months,
while such residence is being rebuilt, or use for business such home
or trailer, for a period not to exceed twelve (12) months, while such
business is being rebuilt. Any such mobile home or trailer shall be
subject to the provisions of the State Sanitary Code.
[Added 4-24-2001 ATM by Art. 24, approved
12-21-2001]
No building or structure shall be erected which
is designed or intended to be used for mercantile, mechanical, manufacturing
or other commercial use on land situated in a residential district
or zone, except as hereinafter provided.
A.
Permitted uses. In a residential district, no building
shall be erected, altered or used and no premises shall be used except
for one (1) or more of the following uses: one-family dwellings, houses
of worship, child-care facilities, schools, group homes for disabled
persons, parish houses, municipal structures, including water towers
and pumping stations, and accessory uses on the same lot with and
customarily incidental to any of the above permitted uses, except
as provided below.
[Amended 4-28-2003 ATM by Art. 18, approved
10-1-2003]
B.
Limitations on accessory uses. The following are specifically
declared not to be accessory uses in residential districts or zones
and are forbidden therein:
C.
Limitation of coverage. In a residential district,
no one- or two-family dwelling house shall cover more than twenty
percent (20%) of the lot area.
D.
Storage of junk or debris. In a residential district, the storage of junk or debris for more than sixty (60) days, and after notification by the Building Commissioner, is prohibited unless such junk or debris is fully enclosed within a building. Any person so notified shall have thirty (30) days to comply with this Subsection D. Any person found in violation of this Subsection D after the expiration of such thirty-day period may be fined $25 for each day the violation exists.
[Added 4-20-1999 ATM by Art. 5, approved
8-23-1999]
(1)
For purposes of this Subsection D, "junk" and "debris" shall include, but not be limited to, scrap metal, construction material, unsafe or dilapidated accessory buildings, rags, plastics, batteries, paper, trash, furniture, appliances, automobile parts, and other materials or items which are not in active use for any purpose authorized in a residential district.
E.
(Reserved)
F.
Home occupations.
[Added 5-14-2001 ATM by Art. 28, approved
12-21-2001]
(1)
General. Home occupations shall be permitted in residential
districts, provided the home occupation is clearly and obviously subordinate
to the main use of the dwelling unit for residential purposes. Home
occupations shall be conducted wholly within the primary structure
of the premises.
(2)
Conditions.
(a)
The home occupation shall not exceed fifteen
percent (15%) of the floor area of the primary structure.
(b)
Other than those related by blood, marriage
or adoption, no more than one (1) person may be employed in the home
occupation.
(c)
Inventory and supplies shall not occupy more
than fifty percent (50%) of the area permitted to be used as a home
occupation.
(d)
There shall be no exterior display or storage
of goods on said premises.
(e)
Sales and services to patrons shall be arranged by appointment and scheduled so that not more than one (1) patron vehicle is on the premises at the same time. Two (2) additional parking spaces shall be provided on the premises, except only one (1) need be provided if the home occupation does not have an employee. Said parking shall comply with the parking requirements of §§ 200-19 and 200-22B, Dwellings.
(f)
Before said home occupation opens for business,
a business certificate for the home occupation shall be obtained from
the Town Clerk. Furthermore, a current business certificate issued
by the Town Clerk shall be a requirement to conduct the home occupation.
(g)
Any commercial use conducted as a home occupation
shall not involve the use of any accessory building or yard space,
nor involve any activities not normally associated with residential
use outside of the principal building.
[Added 4-25-2005 ATM by Art. 5, approved
10-18-2005]
G.
Storage of recreational vehicles. Recreational vehicles, including, but not limited to, a travel trailer, camping trailer, truck camper, motor home, fifth-wheel trailer and boat, shall be parked or stored in compliance with the front yard requirements of § 200-28 of this chapter.
[Added 4-24-2001 ATM by Art. 14, approved
7-24-2001]
H.
Use of temporary structures.
[Added 4-28-2003 ATM by Art. 18, approved
10-1-2003]
(1)
A structure of detached, accessory character, such
as, but not limited to, a vehicle shelter or covering, may be erected
and maintained for a period not exceeding one hundred eighty (180)
days. It shall be used only for the covering of a private vehicle
or a recreational vehicle used by the owner/resident of the property
and not as storage space. It shall be limited to one (1) such structure
per lot, and a building permit is required prior to the erection of
the temporary structure.
[Amended 5-25-2005 ATM by Art. 5, approved 10-18-2005; 5-22-2006 ATM by Art. 42, approved
10-17-2006; 12-19-2011 by Ord. No. 2011-009]
No building or structure shall be erected which is designed
or intended to be used for residential use or for manufacturing, mechanical
or other industrial use in a Business District or Business Professional
District or zone, except as hereinafter provided.
A.
Permitted uses in Business Districts. The following uses are permitted
in a Business District:
(1)
Any use permitted in a residential district or zone, but not to include
multifamily dwellings, two-family units and single-family units.
(2)
Retail or wholesale stores and any and all establishments wherein
goods or services or either of them are sold, rented or offered directly
to the consumer, customer or other patron, including, among others,
garages, tailor shops, plumbing and heating establishments, professional
offices, restaurants and the like, provided they comply with the Table
of Allowable Activity.[1]
[1]
Editor's Note: The Table of Allowable Activity is included as an attachment to this chapter.
(3)
See the Table of Allowable Activity for uses subject to a special
permit.
B.
Permitted uses in Business Professional Districts. The following
uses are permitted in a Business Professional District:
(1)
Any use permitted in a Business District or zone, but not to include
the following: hospitals, hotels, motels, nursing homes, retail or
wholesale stores, greenhouses, nurseries, theaters, private schools,
barbershops, beauty salons, public utilities, stables and kennels,
provided they comply with the Table of Allowable Activity.[2]
[2]
Editor's Note: The Table of Allowable Activity is included as an attachment to this chapter.
(2)
Office or professional uses in which services are offered or rendered
to the public by professionals not resident therein, including, among
others, professional offices for medical doctors, dentists, engineers,
architects, lawyers, accountants, landscape architects, chiropractors,
podiatrists, optometrists, psychologists, insurance or investment
counselors, real estate offices and social workers, provided they
comply with the Table of Allowable Activity.[3]
[3]
Editor's Note: The Table of Allowable Activity is included as an attachment to this chapter.
(3)
See the Table of Allowable Activity for uses subject to a special
permit.
C.
The Crawford Square Business District (CSBD) is intended to recognize
and enhance the role of North Main Street and the Crawford Square
area as the Town's principal focus for civic, cultural and social
functions. Complementary office and related uses form the center for
commercial, financial, professional, and governmental activities to
provide all basic services and amenities required to keep the downtown
the vital center of our community. The Crawford Square Business District
(CSBD) not only accommodates but encourages a higher density of small-scale
establishments offering a wide variety of goods and services. It also
provides for family dwellings living in upper floors of business buildings.
Intensive development oriented to pedestrians is anticipated, and
while mixed-use development is appropriate in certain areas, any uses
which interrupt pedestrian circulation and shopping patterns are discouraged.
No building or structure shall be erected that is designed or intended
to be used for residential use or for manufacturing or other mechanical
use in the Crawford Square Business District or zone except as herein
provided.
(1)
Permitted uses in the Crawford Square Business District (CSBD). The
following uses are permitted in the CSBD:
(a)
Dwelling units: single-family dwellings.
(b)
Mixed-use is permitted subject to the requirements of § 200-11.2, Mixed-Use.
[Amended 4-29-2024 by Ord. No. 2024-007A]
(c)
Retail stores: retail stores and establishments wherein goods
and services, or either of them, are sold or offered directly to consumers
as provided in the Table of Allowable Activity.[4]
[4]
Editor's Note: The Table of Allowable Activity is included as an attachment to this chapter.
(d)
Office or professional uses: office or professional services
in which services are offered or rendered to the public by professionals
not resident therein, including, among others, professional offices
for medical doctors, dentists, engineers, architects, lawyers, accountants,
landscape architects, chiropractors, podiatrists, optometrists, psychologists,
insurance or investment counselors, real estate offices, or social
workers and others, provided they comply with the Table of Allowable
Activity.[5]
[5]
Editor's Note: The Table of Allowable Activity is included as an attachment to this chapter.
(e)
See the Table of Allowable Activity for uses subject to a special
permit.
(g)
Notwithstanding the provisions of § 200-3, the Town Council, as the special permit granting authority, may allow the construction of more than one (1) building on a single lot located within the Crawford Square Business District, so long as each building is otherwise in compliance with the requirements of this § 200-11.
(h)
Accessory dwelling units.
(2)
Proscribed uses in the Crawford Square Business District (CSBD).
In order to facilitate and develop the intent of the Town's Master
Plan, to be consistent with Smart Growth principles, and to develop
a cohesive and diverse commercial and cultural center that provides
for pedestrian-friendly and civic life, the following uses are proscribed:
See Table of Allowable Activity.[6]
[Amended 10-15-2012 by Ord. No. 2012-011]
[6]
Editor's Note: The Table of Allowable Activity is included as an attachment to this chapter.
(3)
The CSBD shall be governed by the Table of Allowable Activity, as
adopted and as may be amended, which is hereby specifically incorporated
by reference herein.
D.
The North Randolph Business District, West Corners Business District
and Orchard Street Business District are intended to provide areas
of low commercial development density. They provide locations within
the Town for small, convenient office and personal service areas.
Commercial development in these districts shall cater to the residents
of Randolph and nearby areas, remain small enough in scale to be well
integrated into a neighborhood setting, and possess appropriate traffic
safety components which will limit potential negative impacts resulting
from a nonresidential use.
[Amended 12-16-2013 by Ord. No. 2013-043]
E.
The Blue Hill River Highway District and Great Bear Swamp Highway
District is intended to provide general retail sales, services, and
business space within the Town of Randolph in locations capable of
conveniently servicing community-wide and/or regional trade areas,
and oriented primarily to automobile access. Businesses are positioned
on streets which abut, front on, or have access to a major highway.
(1)
Notwithstanding the provisions of § 200-3, the Town Council, as the special permit granting authority, may allow the construction of more than one (1) building on a single lot located within the Great Bear Swamp Highway District, so long as each building is otherwise in compliance with the requirements of § 200-11.
[Added 10-15-2012 by Ord.
No. 2012-011]
F.
If any provisions of these subsections shall be held to be invalid
by a court of competent jurisdiction, then such provisions shall be
considered separately and apart from the remaining provisions, which
shall remain in full force and effect.
[Added 4-16-1996 ATM by Art. 6,[1] approved 7-29-1996; amended 5-25-2005 ATM by Art.
5, approved 10-18-2005; 5-22-2006 ATM by Art. 50, approved 10-17-2006]
No person shall install, maintain or use upon the exterior of any building or structure located within any district in the Town of Randolph, except industrial districts, an external metal rolling door or shutters, external metal grille or external metal bars. Nothing in this § 200-11.1 shall prohibit the installation, maintenance or use of such equipment within the interior vertical plane of a building or structure. Further, notwithstanding the foregoing prohibition, nothing in this § 200-11.1 shall be deemed to supersede any applicable provisions of the State Building Code, MGL c. 143, §§ 93 through 100, or of any other statute or regulation of the Commonwealth of Massachusetts. In the event of any conflict between this section and any provisions referred to in the preceding sentence, such provisions shall prevail, and all buildings and structures otherwise regulated by this section shall conform to such other provisions.
[Added 4-29-2024 by Ord. No. 2024-007A]
In each district in which Mixed-Use is permitted, a development
shall comply with the following minimum requirements. Unless otherwise
stated, the requirements of this section shall apply to uses and structures
permitted under the regulations of this section. In the event of a
conflict, the regulations of this section shall apply.
B.
Applicability.
(1)
Only uses that are permitted by right or special permit in the
zoning district may be included in the mixed-use development.
(a)
Neither drive-through windows, accessory uses with a drive-up/drive-through
function nor 24-hour business operations are permitted in a Mixed-Use
development.
(2)
Notwithstanding the other provisions contained in this Town
of Randolph Zoning Ordinance, the Planning Board shall be the Special
Permit Granting Authority (SPGA) for a Mixed-Use Development when
there are fewer than twenty-five (25) dwelling units (existing or
new) proposed.
(3)
Notwithstanding the other provisions contained in this Town
of Randolph Zoning Ordinance, the Town Council shall be the Special
Permit Granting Authority for any Mixed-Use development when there
are twenty-five (25) or greater dwelling units (existing or new) proposed.
(4)
If a nonresidential use in a Mixed-Use development requires
a Special Permit, the SPGA issuing the special permit for the Mixed-Use
development shall also be the SPGA for the nonresidential use superseding
any other section of this Town of Randolph Zoning Ordinance.
(5)
Site Plan Design Review shall be conducted by the applicable
SPGA.
C.
Dimensions.
(1)
The dimensional standards generally applicable in the district
as set forth in the Table of Dimensional Requirements[1] shall apply.
[1]
Editor's Note: The Table of Dimensional Requirements is included as an attachment to this chapter.
(2)
The SPGA may waive dimensional requirements when a Mixed-Use
development includes the redevelopment of an existing structure.
(3)
More than one structure on a parcel is permitted upon review
and decision of the SPGA.
(4)
Any Back-Lot Structure(s) may not be taller than the principal
structure.
D.
Site design standards.
(1)
All permitted nonresidential uses shall be limited to the ground
floor and basement of the principal structure. The SPGA may permit
nonresidential uses to occupy other floors of the principal structure
only after determining that the location and design of such spaces,
including access and egress, will not impact the privacy or security
of residential occupants.
(2)
If the Mixed-Use Development includes multiple structures, any
Back-Lot Structure(s) may contain either a mix of nonresidential uses
and dwelling units or only dwelling units.
(3)
The nonresidential uses in a Mixed-Use development shall be
developed prior to or concurrently with residential uses. Concurrency
shall be established by approval of a Master Plan that provides a
mix of uses that includes all proposed uses.
(4)
A minimum of twenty-five percent (25%) and a maximum of seventy-five
percent (75%) of the total square footage of all structures contained
in a Mixed-Use Development shall be devoted to dwelling units.
(5)
Minimum residential densities for a Mixed-Use development shall
be twelve (12) units per gross acre.
(a)
Density shall be calculated as the total area of the parcel
less any land which is part of a Wetland Resource Area as specified
in 310 CMR 10.02(1)(a) subject to protection under the Massachusetts
Wetlands Protection Act, MGL c. 131, § 40, nor any land
within seventy-five (75) feet of such Wetland Resource Area.
(b)
When a development site is composed of two (2) or more phases,
each phase shall also meet this standard.
(6)
Dwelling units must contain a minimum of six hundred twenty-five
(625) square feet of usable living area.
(7)
In any Principal Structure, entry to the dwelling units must
be from the side or back of the structure; not on the street frontage
or any open public space.
(8)
At least one designated entrance for nonresidential uses shall
be provided on each floor of a structure that contains a nonresidential
use.
(9)
Areas of a structure intended for nonresidential use must be
constructed such that there is no direct access to areas of the structure
intended for dwelling units except as necessary in an emergency.
(10)
Ground level frontage of the Principal Structure shall be devoted
to nonresidential entrances, windows and public open space amenities.
(11)
In newly constructed Principal Structures in a Mixed-Use Development,
ground floors shall be a minimum of eleven (11) feet from floor to
ceiling to enhance the pedestrian streetscape regardless of the overall
building height.
(12)
Clear pedestrian pathways shall be provided between structures
on the same parcel and, to the extent practicable, between buildings
on adjacent parcels to ensure continuous safe pedestrian access.
(13)
A Mixed-Use development must provide a sign plan to the SPGA
at the time of application.
(a)
Wall signs for nonresidential uses may be illuminated with exterior
lighting or by reverse channel letters only.
(14)
Where any Mixed-Use development abuts a residentially zoned
parcel(s), there shall be adequate transition between the Mixed-Use
development and adjacent residentially zoned parcel(s). Fencing, landscaping
and similar items may be used to accomplish this.
E.
Parking.
(1)
Parking areas, including below- or at-grade structures, for
a Mixed-Use development shall be located to the side and/or rear of
the parcel; parking is prohibited in the front yard.
(2)
There shall be a minimum of one and one-quarter (1.25) parking
spaces for each dwelling unit (rounded up).
(3)
There shall be a minimum of one (1) space per one thousand (1,000)
square feet of nonresidential floor area.
(4)
In the event of a restaurant one (1) parking space shall be
provided for every four (4) patron seats.
(5)
A lesser number of parking spaces may be permitted by the SPGA
upon determination that the Special Permit applicant has demonstrated,
through methods acceptable to the SPGA, that parking demand will not
exceed what can be met by the minimum required parking.
(6)
Bicycle parking shall be provided as follows:
(a)
A minimum of one (1) space per every ten (10) dwelling units
(rounded up) located indoors near the primary entrance to the development's
dwelling units.
(b)
A minimum of one (1) space for every five thousand (5,000) square
feet of nonresidential floor area (rounded down) located near the
primary entrance to ground floor nonresidential units.
F.
Affordable dwelling units - subsidized housing inventory. Any Mixed-Use
development, whether through conversion or new construction, that
includes greater than ten (10) dwelling units, must include dwelling
units that comply with the requirements and regulations of the Executive
Office of Housing and Livable Communities (EOHLC) as Local Action
Units (LAU) through a Local Initiative Program (LIP) as specified
below:
(1)
Ownership units. For all Mixed-Use developments where the Affordable
Dwelling Units proposed are Homeownership Units, not less than twenty
percent (20%) of the total dwelling units constructed in the mixed-use
development shall be Affordable Dwelling Units.
(2)
Rental Units. For all Mixed-Use developments where the Affordable
Dwelling Units proposed are Rental Units, not less than twenty-five
percent (25%) of the total housing units in any building containing
rental units shall be Affordable Dwelling Units.
(3)
For purposes of calculating the number of Affordable Dwelling
Units required within a Mixed-Use Development, any fractional unit
of five-tenths (0.5) or greater shall be deemed to constitute a whole
unit.
(4)
All Affordable Dwelling Units shall be integrated within the
Mixed-Use development and shall be comparable in design, floor area,
number of bedrooms, appearance, construction and quality of materials
with market rate units.
(5)
Occupancy permits for dwelling units in a Mixed-Use development
shall not be issued without confirmation that a LIP/LAU has been submitted
to EOHLC.
[Amended 4-16-1996 ATM by Art. 9, approved
7-29-1996; 4-24-2001 ATM by Art. 22, approved 12-21-2001; 10-25-2010 by Ord. No.
2010-036; 12-19-2011 by Ord. No. 2011-009]
No building or structure shall be erected in
an industrial district which is designed or intended to be used as
a single-family or multifamily dwelling unit or for any injurious,
noxious or offensive trade or industry in an industrial district or
zone.
A.
(Reserved)
B.
Permitted uses. The following uses are permitted in an industrial
district:
(1)
Any use permitted in a residential or business district, but not
to include one-family, two-family or multifamily dwelling units.
(2)
Any use permitted in a Business Professional District.
(3)
Any manufacturing, mechanical or other industrial use not injurious,
noxious or offensive.
(4)
See Table of Allowable Activity for uses subject to a special permit.[1]
[1]
Editor's Note: The Table of Allowable Activity is included as an attachment to this chapter.
(5)
Wireless communications facilities are subject to a special permit issued by the Town Council, see § 200-57.
(6)
Nonaccessory signs are permitted subject to a special permit by the
Town Council.
(7)
Nonaccessory signs are not permitted in the Great Pond Commerce Center
Overlay District.
[Amended 5-22-2006 ATM by Art. 50, approved
10-17-2006]
No building or structure shall be erected in
a Business HA District which is designed or intended for any purpose
other than state- or federal-aided multiple-unit low-income housing
for the elderly or development apartments under the supervision of
the Randolph Housing Authority and for those other uses according
to the Table of Allowable Activity.[1]
[1]
Editor's Note: The Table of Allowable Activity is included as an attachment to this chapter.
No building or structure shall be erected in
a multifamily district which is designed or intended to be used as
a single-family dwelling unit or for a mercantile, mechanical, manufacturing
or other commercial use on land situated in multifamily districts
or zones, except as hereinunder provided.
A.
Permitted uses. The following uses are permitted in
a multifamily district:
(1)
Multifamily apartment houses as defined in the State
Building Code for exclusive residential occupancy, but not stores
or offices in such buildings, except that one (1) room in one (1)
residential suite in such a building may be used as an office for
renting apartments in that building. No building may be constructed
unless public sewerage is available, under the rules and regulations
of the Sewer Department of the Town of Randolph.
(2)
Houses of worship, schools, public libraries, public
museums, parish houses and philanthropic institutions.
B.
Permitted uses. A multifamily 55 plus dwelling shall
constitute housing intended for persons of age fifty-five (55) or
over within the meaning of MGL c. 151B, § 4, and 42 U.S.C.
§ 3601, and, in accordance therewith, one hundred percent
(100%) of the dwelling units shall be owned and occupied by at least
one (1) person fifty-five (55) years of age or older per dwelling
unit and such development shall be operated and maintained in all
other respects in compliance with the requirements of such statutes
and regulations promulgated pursuant thereto, as the same are currently
in effect and as the same may be amended. The following uses are permitted
in a Multifamily 55 Plus District:
[Added 11-18-2002 ATM by Art. 2, approved
1-21-2003]
(1)
Multifamily dwellings as defined in this chapter.
No building may be constructed unless public sewerage is available
under the rules and regulations of the Sewer Department of the Town
of Randolph.
(2)
Houses of worship, schools, public libraries, public
museums, parish houses and philanthropic institutions.
(4)
Cluster development and construction permitted for
those sites containing a minimum of five (5) acres, pursuant to MGL
c. 40A, § 9, and in accordance with MGL c. 41, §§ 81K
to 81GG, inclusive.
[Added 12-3-2007 STM by Art. 1, approved 4-14-2008]
A.
Purpose. The purpose of Multifamily Affordability Overlay District is to promote the development of affordable multifamily housing for the community. This purpose is to be achieved by modifying the dimensional restrictions in the Residential Multifamily District provided in Article VI of this chapter; provided, however, that the applicant complies with the requirements below.
B.
Requirements.
(1)
The district shall be that lot consisting of 38.291 acres of
land, shown on a plan of land entitled "Plan of Land in Randolph,
MA, Presidential Acres, 1-384 Chestnut West, Randolph, Massachusetts
02368," prepared by Hancock Associates, dated August 15, 2007, recorded
with the Norfolk Registry of Deeds as Plan No. 80 of 2007 in Plan
Book 573.
(2)
The requisite percentage of the newly constructed dwelling units
within a multifamily apartment complex or condominium shall constitute
low- or moderate-income housing, as defined in 760 CMR 30.02, in order
that all of the newly constructed units shall count on the Subsidized
Housing Inventory, as defined by and subject to the approval of the
Massachusetts Department of Housing and Community Development.
(3)
A special permit shall have been issued by the Town Council
under such conditions as the Town Council may require.
(4)
Performance of mitigation measures imposed by the Town Council,
which mitigation measures may include monetary payments intended to
offset the direct or indirect impact caused by the issuance of the
special permit.
(5)
Any applicant seeking approval pursuant to this overlay district
shall be required to follow and document for the permit granting authority
full compliance with the regulations of the Massachusetts Waste Ban
as defined in the Mass Code of Municipal Regulations and shall be
responsible for providing collection facilities and equipment for
all residents to accomplish this mandate for compliance.
C.
Scope of authority.
(1)
Overlay district. The Multifamily Affordability Overlay District shall be deemed to be an overlay district. The requirements set forth in this § 200-14.1 shall constitute an alternative set of standards for development and use of real property within the Multifamily Affordability Overlay District; provided, however, that all the requirements of this § 200-14.1 are satisfied. If an applicant does not elect to proceed pursuant to this § 200-14.1, or does not satisfy all of the requirements of this § 200-14.1, then all other requirements of the underlying zoning district shall apply to the property in the alternative set of standards for development and use of real property within the Multifamily Affordability Overlay District shall not apply.
(2)
The regulations in this section shall govern all new construction as well as reconstruction or expansion of new or existing buildings, and shall also govern new or expanded uses, regardless of the nature of such uses, and regardless of whether the requirements of this § 200-14.1 are more or less restrictive than those of the comparable regulations for the underlying district at that location. The provisions of this § 200-14.1 shall supersede those of §§ 200-19 to 200-22, inclusive, §§ 200-28 to 200-30, inclusive, and §§ 200-34 and 200-35, inclusive. On all other matters, the provisions applicable to the Residential Multifamily District shall continue to govern.
D.
Dimensional, lot coverage and area requirements.
(1)
Floor area ratio. When calculating floor area ratio in a Multifamily
Affordability Overlay District, a thirty-three percent (33%) density
bonus ("density bonus") shall be allowed as follows: With respect
to new construction on the lot, or a portion of the lot, with existing
buildings, the density bonus shall be applied to the then-existing
floor area ratio on the lot. With respect to new construction on a
lot, or a portion of a lot, that does not contain existing buildings,
the density bonus shall be thirty-three percent (33%) of the then-current
floor area ratio in the Residential Multifamily District.
(2)
Maximum lot coverage. Buildings in a Multifamily Affordability
Overlay District shall not exceed twenty percent (20%) of the area
of the lot on which they stand, and not more than fourteen (14) family
units per acre of land covered by the lot shall be permitted.
(3)
Building height requirements. Any buildings in a Multifamily
Affordability Overlay District may contain a maximum of four (4) stories
and shall not exceed fifty-five (55) feet in height, provided that
the respective building or buildings are not within sixty-five (65)
feet of a residential district within the Town of Randolph or a lot
located within the Town of Randolph used primarily for residential
purposes. All height measurements shall conform to the requirements
of the State Building Code, 780 CMR 502.
(4)
Impervious lot coverage. In the building or buildings in a Multifamily
Affordability Overlay District, no lot shall be developed such that
the buildings thereon and other impervious surfaces added thereto
cover more than forty-five percent (45%) of the overall lot area.
(5)
Off-street parking in a Multifamily Affordability Overlay District.
Notwithstanding anything in the Zoning Code to the contrary, in a
Multifamily Affordability Overlay District, the off-street parking
requirements shall be the following:
(a)
For each one-bedroom apartment there shall be a minimum of one
and five-tenths (1.5) parking spaces. Furthermore, each additional
bedroom in an apartment, in excess of the first bedroom, shall require
an additional twenty-five-hundredths (0.25) parking space.
(b)
The net area for each individual parking space required shall
be not less than one hundred sixty-two (162) square feet. Each such
parking space shall have a length of not less than eighteen (18) feet
and a width of not less than nine (9) feet.
(c)
Twenty percent of the required parking spaces for the respective
Multifamily Affordability Zone may be designed for compact cars.
E.
Multifamily Affordability Overlay District plan review authority.
(1)
Plan review authority. For the purposes of reviewing a proposed new project intending to be governed by the dimensional requirements set forth in this § 200-14.1, a plan review authority (PRA) shall be formed for the sole purpose of advising the Town Council on a proposed Multifamily Affordability Overlay District project. Once formed, the PRA shall serve for a three-year term, and shall be composed of one (1) member of the Town Council, one (1) member of the Planning Board, one (1) member of the Board of Health, one (1) member of the DPW, with each member appointed by his/her respective board, and the Fire Chief or his designee. After completion of the below-described analysis, but prior to the Town Council meeting during which the special permit is voted upon, the PRA shall issue a recommendation to the Town Council as to its approval or disapproval of the proposed project.
(2)
Proposed project application. In order for the PRA to properly
review a proposed development, a proposed project application shall
be submitted to the PRA on the form provided by the PRA, along with
the review materials and an application fee of $1,500 to cover administrative
costs.
(3)
Peer review. If requested by the PRA, the applicant shall be
required to pay for reasonable consulting fees to provide peer review
of the proposed project application and review materials. Should the
PRA reasonably decide that peer review is required, the applicant
shall pay an initial deposit of $15,000, which amount may be reasonably
subject to replenishment.
(4)
Review materials. The person or entity proposing the project
within a Multifamily Affordability Overlay District shall submit four
(4) copies of the following materials (the "review materials") to
the PRA:
(a)
A current plan, at an appropriate scale of at least one-inch
equals forty (40) feet, or at a scale as approved in advance by the
PRA, of the existing property showing:
[1]
The perimeter dimensions of the lot; Assessors Map, lot and block
numbers;
[2]
All existing 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]
Existing major natural features, including streams, wetlands and
all trees six (6) inches or larger in caliper (Caliper is girth of
the tree at approximately waist height.);
[4]
Internal roads, sidewalks and parking areas; and
[5]
Total site area in square footage and acres and area to be set aside
as public open space, if appropriate;
(b)
The proposed site plan or plans, at an appropriate scale of
at least one (1) inch equals forty (40) feet, or at a scale as approved
in advance by the PRA, for the proposed development or redevelopment
prepared by a certified architect, landscape architect, professional
land surveyor, and/or a civil engineer registered in the Commonwealth
of Massachusetts;
(c)
Landscape plans prepared by a certified landscape architect
registered in the Commonwealth of Massachusetts showing all proposed
landscaping features, such as fences, walls, planting areas and walks
on the lot and tract, with types, quantities, and sizes of proposed
plantings;
(d)
Proposed floor plans for all of the proposed dwelling units.
The area in square feet of each proposed dwelling unit should also
be indicated in the floor plans;
(e)
A marketing plan showing:
(f)
Location sketch map(s), which indicates surrounding streets
and properties and any additional abutting lands owned by the applicant;
(g)
Representative elevation sketches of buildings that indicate
the height of building(s) and type of construction material of the
exterior facade; and
(h)
Other materials which may be submitted to the PRA include, but
are not limited to, any other information which may include required
traffic, school, utilities impact studies and in order to adequately
evaluate the scope and potential impacts of the proposed project,
including a grading plan, parking layout plan, utilities plan, and
lighting plan.
(5)
PRA procedures.
(a)
Circulation to other boards. Upon receipt of the proposed project
application, the PRA shall, within seven (7) days, provide a copy
of the application materials to the Town Council, Zoning Board of
Appeals, Board of Health, Planning Board, Conservation Commission,
Fire Department, Police Department, Building Commissioner, Planning
Department, Department of Public Works and other municipal officers,
agencies or boards for comment, and any such board, agency or officer
shall be invited to provide written comments within thirty (30) days
of receipt of the review materials.
(b)
PRA review period. For each respective proposed project, a specific
PRA review period shall begin on the date of the proposed project
application and conclude on the day of the meeting during which the
Town Council will vote on whether to grant a special permit to a proposed
project within a Multifamily Affordability Overlay District.
(c)
PRA meetings. No less than twenty (20) days prior to the meeting
during which the Town Council will vote on a special permit for a
proposed project within a Multifamily Affordability Overlay District,
the PRA may hold a public hearing for which notice has been given
as provided in MGL c. 40A, § 11. Such meeting is intended
to allow the PRA to openly discuss a proposed development and for
the person or entity proposing to construct affordable housing to
answer questions or concerns from interested parties.
(d)
PRA recommendation. The PRA shall issue its recommendation to
the Town Council prior to, or at, the meeting during which the Town
Council will vote on whether to grant a special permit to a proposed
project within a Multifamily Affordability Overlay District. Failure
of the PRA to make such a recommendation shall be deemed to be an
approval of the proposed project.
[Added 12-30-2013 by Ord.
No. 2013-050]
A.
Purpose. The purpose of the Market Rate Multifamily Overlay District (MRMOD) is to promote the development of high-end multifamily housing for the community. The purpose is to be achieved by modifying the dimensional restrictions in the Residential Multifamily District provided in Article VI of this chapter; provided, however, that the applicant shall comply with the requirements set forth below.
B.
Requirements.
(1)
The MRMOD shall consist of the following lots:
|
Assessor's Map
|
Lot Number
| |
|---|---|---|
|
Map 3 Block O
|
Lot 1.01
| |
|
Map 3 Block O
|
Lot 1.30
| |
|
Map 3 Block O
|
Lot 4.01
|
(2)
The market rate multifamily development (MRMD) shall contain all
market-rate units. A market-rate unit is a unit generally rented at
a price affordable to households earning one hundred percent (100%)
of area median income, but market rents are a direct comparison of
a submarket's rents with other properties in that market and may be
adjusted to a rate that the market can bear.
(3)
The MRMD shall require a special permit from the Town Council acting
as special permit granting authority (SPGA) with such conditions as
may be required.
(4)
Performance or mitigation measures may be imposed by the SPGA, which
may include monetary payments intended to offset the direct or indirect
impacts caused by the MRMD.
(5)
An applicant seeking approval of a special permit shall be required
to submit to the SPGA documents showing full compliance with the Massachusetts
Waste Ban. The applicant shall be responsible for providing collection
facilities and equipment for all residents to ensure such compliance.
C.
Scope
of authority.
(1)
The MRMOD shall be deemed to be an overlay district. The requirements set forth in this § 200-14.2 shall constitute an alternative set of standards for the development and use of real property within the MRMOD, provided a special permit is granted and a building permit thereunder is obtained. If the applicant does not intend to proceed pursuant to this § 200-14.2, then all other requirements of the underlying zoning district(s) shall apply to the property. If the applicant obtains a special permit for a MRMD and subsequently obtains a building permit thereunder, the requirements of the underlying district(s) shall no longer be in effect.
(2)
The regulations in this § 200-14.2 shall govern all new construction and shall govern new or expanded uses, regardless of the nature of such uses, and regardless of whether the requirements of this § 200-14.2 are more or less restrictive than those of the underlying district(s). The provisions of this § 200-14.2 shall supersede those of §§ 200-19 to 200-22, inclusive, §§ 200-28 to 200-30, inclusive, and §§ 200-34 and 200-35. On all other matters, this chapter shall apply.
D.
Dimensional,
lot coverage, and lot area requirements.
(1)
Minimum lot area: ten (10) acres.
(2)
Minimum lot frontage: one hundred (100) feet.
(3)
Building lot coverage: The maximum building lot coverage shall be
fifty percent (50%).
(4)
Impervious lot coverage: The maximum impervious lot coverage shall
be thirty percent (30%).
(5)
Total lot coverage: The maximum total lot coverage shall be eighty
percent (80%).
(6)
Minimum setbacks: forty (40) feet to residential districts, ten (10)
feet otherwise. Setbacks will include landscaped buffers.
(7)
Maximum building height: four (4) stories with basement; maximum
height not to exceed sixty (60) feet as measured by the State Building
Code; pitched-roof buildings to be measured from the average grade
of the building measured six (6) feet from the building face to the
midpoint between the eave and the peak of the roof.
E.
Design
standards.
(1)
Building location. All buildings within one hundred thirty (130)
feet of a residential district shall not exceed thirty-five (35) feet
in height.
(2)
Parking. Parking shall be provided at the rate of one and four-tenths
(1.4) spaces per one-bedroom unit, one and eight-tenths (1.8) spaces
per two-bedroom unit, and two (2) spaces per townhome unit [one (1)
garage and one (1) driveway]. Adequate parking shall also be provided
for any clubhouse or leasing office.
(3)
Landscaping buffers. All buildings shall be set back forty (40) feet
from the residential district boundary, and ten (10) feet otherwise.
These buffers shall be adequately landscaped to minimize the visibility
of the MRMD's parking areas, waste storage and recycling facilities.
(4)
Density. Maximum density shall not exceed thirty (30) dwelling units
per acre in the MRMOD.
(5)
Building design. All buildings shall be wood frame with pitched roof.
F.
Plan
review authority.
(1)
Plan review authority. For the purposes of reviewing a proposed MRMD,
a plan review authority ("PRA") shall be formed for the sole purpose
of advising the SPGA on a proposed MRMD. Once formed, the PRA shall
serve for a three-year term, and shall be composed of three (3) members
of the Town Council, one (1) member of the Planning Board, and one
(1) member of the Board of Health, with each member appointed by his
respective board, plus the Town Council President, the DPW Superintendent,
the Fire Chief or his designee, and one (1) member of the general
public appointed by the Town Manager. After completion of the below-described
analysis, but prior to the SPGA meeting at which the special permit
is voted upon, the PRA shall issue a recommendation to the SPGA as
to its approval or disapproval of the MRMD.
(2)
Proposed project application. In order for the PRA to properly review
a proposed MRMD, a proposed MRMD application shall be submitted to
the PRA on the form provided by the PRA, along with the review materials
and an application fee of $1,500 to cover administrative costs.
(3)
Peer review. If requested by the PRA, the applicant shall be required
to pay for reasonable consulting fees to provide peer review of the
proposed MRMD application and review materials. Should the PRA reasonably
decide that peer review is required, the applicant shall pay an initial
deposit of $15,000, which amount may be reasonably subject to replenishment,
all pursuant to MGL c. 44, § 53G.
(4)
Review materials. The person or entity proposing the MRMD shall submit
fourteen (14) copies of the following materials (the "review materials")
to the PRA:
(a)
A current plan, at an appropriate scale of at least one (1) inch
equals forty (40) feet (1"=40'), or at a scale as approved in advance
by the PRA, of the existing property showing:
[1]
The perimeter dimensions of the lot; Assessor's Map, lot and block
numbers;
[2]
All existing 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]
Existing major natural features, including streams, wetlands and
all trees six (6) inches or larger in caliper (Caliper is girth of
the tree at approximately waist height.);
[4]
Internal roads, sidewalks, and parking areas; and
[5]
Total site area in square footage and acres and area to be set aside
as public open space, if appropriate;
(b)
The proposed site plan or plans, at an appropriate scale of at least
one (1) inch equals forty (40) feet (1"=40'), or at a scale as approved
in advance by the PRA, for the proposed MRMD or redevelopment prepared
by a certified architect, landscape architect, professional land surveyor,
and/or a civil engineer registered in the Commonwealth of Massachusetts;
(c)
Landscape plans prepared by a certified landscape architect registered
in the Commonwealth of Massachusetts showing all proposed landscaping
features, such as fences, walls, planting areas and walks on the lot
and tract, with types, quantities, and sizes of proposed plantings;
(d)
Proposed floor plans for all of the proposed dwelling units. The
area in square feet of each proposed dwelling unit should also be
indicated in the floor plans;
(e)
A marketing plan showing:
(f)
Location sketch map(s), which indicates surrounding streets and properties
and any additional abutting lands owned by the applicant;
(g)
Representative elevation sketches of buildings that indicate the
height of building(s) and type of construction material of exterior
facade; and
(h)
Other materials which may be submitted to the PRA include, but are
not limited to, any other information which may include required traffic,
school, utilities impact study and in order to adequately evaluate
the scope and potential impacts of the proposed project, including
a grading plan, parking layout plan, utilities plan, and lighting
plan.
(5)
PRA procedures.
(a)
Circulation to other boards. Upon receipt of the proposed MRMD application,
the PRA shall, within seven (7) days, provide a copy of the application
material to the Town Council, Zoning Board of Appeals, Board of Health,
Planning Board, Conservation Commission, Fire Department, Police Department,
Building Commissioner, Department of Public Works and other municipal
officers, agencies, or boards for comment, and any such board, agency
or officer shall be invited to provide written comments within thirty
(30) days of receipt of the review materials.
(b)
PRA review period. For each respective proposed MRMD, a specific
PRA review period shall begin on the date of the proposed MRMD application
and conclude on the day of the meeting during which the Town Council
will vote on whether to grant a special permit to a proposed MRMD.
(c)
PRA meetings. No less than twenty (20) days prior to the meeting
during which the Town Council will vote on a special permit for a
proposed MRMD, the PRA may hold a public hearing for which notice
has been given as provided in MGL c. 40A, § 11. Such meeting
is intended to allow the PRA to openly discuss a proposed MRMD and
for the person or entity proposing to construct the MRMD to answer
questions or concerns from interested parties.
(d)
PRA recommendation. The PRA shall issue its recommendation to the
SPGA prior to, or at, the meeting during which the SPGA will vote
on whether to grant a special permit to a proposed MRMD. Failure of
the PRA to make such a recommendation within ninety (90) days shall
be deemed to be an approval of the proposed project.
[Added 8-27-2018 by Order
No. 2018-034]
A.
Purpose. The purpose of the Union Crossing Transit District (UCTD)
is to promote the general welfare by fostering a climate of economic
viability and opportunity in proximity to public transit, including
commuter rail and public bus service, by creating a connection among
transit; higher density market rate residential living; and commercial
opportunities for services, workspace, professional services, and
labor, while allowing the retention and development of public green
space and pedestrian and bike access routes in a village-style environment.
This purpose is to be achieved by providing a Special Permit process
through which the dimensional and other zoning requirements that apply
to the underlying zoning district may be modified, consistent with
this chapter.
B.
Establishment of Union Crossing Transit District (UCTD).
(1)
The UCTD is established as an opportunity overlay district that
may be applied to land described herein. The UCTD shall be a superimposed
district and shall not replace the underlying zoning district(s).
To qualify for the opportunities provided through the Special Permit
process provided for in this chapter, the following criteria must
be met:
(a)
The parcel(s), must be contiguous and contain a minimum of five
(5) acres of land that may include water bodies;
(b)
One-hundred percent (100%) of the total land area of the parcel(s)
that will be included in the proposed use must be located within one
and a quarter (1.25) miles of the Randolph/Holbrook Commuter Rail
Station;
(c)
The parcel(s) must be under single ownership or presented under
a joint development agreement between owners of contiguous parcels;
(d)
The applicant(s) must submit a site master plan for complete
or phased development for the entire project as part of its first
Special Permit submission for the project pursuant to this chapter;
and
(e)
All parcels or portions of parcels that are in the Crawford
Square Business District are excluded from this opportunity.
C.
Applicability.
(2)
This chapter shall only apply to a parcel once an applicant/parcel-owner
has submitted a Special Permit request to the Special Permit Granting
Authority (SPGA) and that Special Permit has been granted or granted
with conditions.
(3)
The requirements contained in this chapter shall be the standards
for development and redevelopment and use of real property within
the UCTD provided that an application is filed with the SPGA and the
Plan Review Authority (PRA) as provided for in this chapter.
(4)
Development shall be by a site master plan for complete or phased
development and may, at the discretion of the SPGA, be undertaken
by more than one entity provided that all parties are identified in
the application process at the time of submittal of the Special Permit
application provided for under this chapter.
(5)
For each proposed UCTD project, the Site Plan Review provided
for in the Town of Randolph Zoning Ordinances shall be conducted by
the SPGA as part of the Special Permit process.
D.
Permitted uses.
(1)
The area shall contain buildings of mixed residential and commercial
uses. Commercial activity that caters to the needs of the consumers,
with a specific emphasis on those consumers living within the village
and reasonable walking distance and transit travel. This may include
restaurants, professional services, retail, convenience stores, stores
that sell beer, wine and alcohol, groceries, mom-and-pop type stores,
dry cleaners and the like.
(2)
Noxious and hazardous uses are prohibited in the UCTD.
(3)
A UCTD project may include more than one principal structure
on a single lot, provided that the SPGA finds through the site plan
review process that safe and convenient access will be provided to
all structures.
(4)
A UCTD project shall not include any use which consists of drive-through
service, whereby a product or service is provided to a person who
remains in a vehicle.
(5)
A UCTD project shall not include a parking lot or parking structure
designed to serve uses other than those uses contained within the
UCTD project.
E.
Dimensional, lot coverage and lot area requirements.
(1)
Lot frontage. When a UCTD project includes an individual parcel,
that parcel must have minimum frontage (on a public way) of one hundred
(100) feet. When a UCTD project includes multiple parcels, at least
one parcel in the project must have minimum frontage (on a public
way) of one hundred (100) feet, or the parcels when combined must
have at least 100 contiguous feet of frontage (on a public way).
(2)
Lot depth. Minimum lot depth: 75 feet.
(3)
Side yard and rear yard setback requirements. A UCTD project
shall comply with the following requirements:
(a)
Side yards:
[1]
General minimum requirement for side yard setback:
5 feet from the lot line.
[2]
Side yard setback for two (2) story building abutting
a residential district: 20 feet from the lot line.
[3]
Side yard setback for three (3) story building
abutting a residential district: 30 feet from the lot line.
[4]
Side yard setback for four (4) story building abutting
a residential district: 40 feet from the lot line.
(b)
Rear yards:
[1]
General minimum requirement for rear yard setback:
10 feet from the lot line.
[2]
Rear yard setback for two (2) story building abutting
a residential district: 20 feet from the lot line.
[3]
Rear yard setback for three (3) story building
abutting a residential district: 30 feet from the lot line.
[4]
Rear yard setback for four (4) story building abutting
a residential district: 40 feet from the lot line.
(4)
Maximum front yard.
(a)
In order to define a consistent building line along the street,
new buildings shall not be set back more than ten (10) feet from the
front property line.
(b)
The maximum front yard may be increased to thirty (30) feet
provided that the additional yard area incorporates a courtyard or
sitting area that adjoins and is open on one or more sides to a public
sidewalk; is open to the public; contains pedestrian amenities such
as seating; and is landscaped to create a separation from the street,
to provide shade, to reduce noise, and to mitigate fumes.
(5)
The SPGA may require that the applicant include an access way
to improve pedestrian circulation and for public safety access.
(6)
Building separation. Buildings on a single lot shall be at least
twenty (20) feet apart to provide adequate separation for emergency
access, unless the SPTC believes that it serves the public good and
all buildings are fire-rated upon the written agreement of the Fire
Chief.
F.
Development intensity.
(1)
The maximum residential density of a UCTD project shall be fifteen
(15) dwelling units per acre.
G.
Building and structure height.
(1)
The minimum permitted height for buildings in a UCTD project
shall be two (2) stories or twenty (20) feet, whichever is greater,
and the maximum permitted height for buildings and structures in a
UCTD project shall be four (4) stories or forty (40) feet, whichever
is less.
(a)
The height of a building or structure in the UCTD shall be defined
as the vertical distance from the average grade of the street the
property has frontage on, along the frontage of the lot/s of the UCTD
project at the time of the Special Permit application, to the top
of the structure (the highest roof beams of a flat roof, the deck
of a mansard roof or the mean level of the highest gable or slope
of a hip roof).
(b)
A roof appurtenance enclosing mechanical equipment may exceed
the applicable maximum building and structure height provided that:
H.
Open space.
(1)
A UCTD project shall include open space at least equal to 10%
of the total lot area. The open space requirement shall apply to the
UCTD project as a whole, regardless of whether the UCTD project consists
of a single lot or multiple lots.
I.
Off-street parking.
(2)
The SPGA may allow shared or reduced parking requirements for
uses having different peak times of parking demand requirements or
in other cases where the applicant can demonstrate that reduced parking
will be sufficient for the proposed use. Evidence which supports these
shared or reduced parking requirements shall be produced in a report
and approved by the SPGA. Factors that the SPGA may consider include
but are not limited to:
(a)
Proximity to available public parking with ability to support
the project;
(b)
Provision of a mix of uses on site with offset peak parking
demand times;
(c)
A shared parking agreement with proximate properties with offset
parking demand times;
(d)
Dedication of spaces for car-sharing services (e.g. ZipCar);
and
(e)
Employers who provide transit incentives for their employees.
(3)
Parking for all residential units shall be provided either through
a parking structure or at the rear of the residential units.
J.
Bicycle parking. Bicycle parking facilities or storage shall be provided
at a minimum of 1.0 space for every 10 dwelling units.
K.
Landscaping.
(1)
Landscape materials shall be sustainable, requiring minimal
maintenance, irrigation or fertilizer, and shall be planted with species
that are native to the area, tolerant of salt, and capable of withstanding
extreme weather conditions.
(2)
Shade trees shall be planted by the developer along all public
streets and internal ways within and abutting the property.
(3)
Trees shall be planted at intervals of no more than twenty-five
(25) feet along both sides of the roadway. If the SPGA determines
after review that such spacing is not feasible, it may alter the spacing
or determine that up to the equivalent number of trees shall be planted
elsewhere on the site.
(4)
Trees shall be of a species common to the area, and shall be
appropriate species to provide summer shade, winter light, and year-round
visual interest.
(5)
Trees shall be 2.5 inches caliper at four (4) feet above grade
and reach a height of at least thirty (30) feet at maturity.
(6)
All dumpsters and utility/service areas shall be screened with
adequate plantings and/or landscape structures appropriate to the
scale and character of the neighborhood.
(7)
Buffer strips between the UCTD Project and a residential district
shall be designed and maintained to provide a dense screen year round.
The screen shall be planted with trees or shrubs no more than three
(3) feet on center. At least fifty percent (50%) of the plantings
shall consist of evergreens, distributed along the length of the buffer
strip.
L.
Design standards. All UCTD projects shall comply with the following
design standards, unless the SPGA finds any standard to be inappropriate
for the proposed use:
(1)
Building design.
(a)
Creativity is encouraged in designing the project. A variety
of materials shall be used, including but not limited to the following
types of materials: wood, metal, glass, brick, rock or tin. Not all
structures within the district need to be designed from the same architectural
period and applicants are encouraged to vary the facades of the structures.
(b)
All structures shall be constructed to have a variety of dimensions.
Building facades shall articulate the line between the ground and
upper levels with a cornice, canopy, balcony, arcade, or other visual
device.
(c)
Building facades facing public streets or within thirty (30)
feet of main entrances shall reflect a high level of detail refinement.
(d)
Building facades more than fifty (50) feet in length shall be
divided into shorter segments by means of changes in materials, varying
rooflines or other architectural treatments.
(e)
Rooftop building systems, such as mechanical and electrical
equipment and antennas, shall be screened with appropriate architectural
elements from all key observation points.
(f)
For new buildings containing commercial uses, at least sixty
percent (60%) of the street-facing building facade between two (2)
feet and eight (8) feet in height shall be comprised of clear windows
that allow views of indoor space or product display areas. This requirement
shall not apply to buildings accessory to residential uses and not
open to the general public, such as clubhouses.
(g)
Buildings or building facades shall not be designed primarily
according to themes or architectural styles defined by or associated
with specific business trademarks or trade dress, corporate chains
or franchises. The SPGA may prohibit designs that it finds to be inconsistent
with this provision.
(2)
General site design.
(a)
Roadways, sidewalks and other infrastructure shall be designed
in accordance with Town of Randolph Ordinances, rules and regulations
and with the additional standards set forth below.
(b)
Sidewalks, crosswalks, walkways or other pedestrian access shall
be provided to allow for safe and convenient access to adjacent properties
and between individual buildings, parking areas and other points of
interest within the development. Sidewalks and walkways shall be constructed
of Portland concrete and shall be minimally broken by vehicular access.
(c)
Pedestrian amenities such as benches, planters, trash receptacles,
walkways and gardens, etc. shall be provided along the sidewalks of
public streets and in open space plazas.
(d)
All utilities servicing a UCTD project shall be placed underground.
All utility and drainage plans shall be approved as part of the site
plan review process.
(e)
Off-street parking and loading spaces, internal ways and maneuvering
areas shall be designed to provide for adequate drainage, snow storage
and removal, maneuverability and curb cuts.
(f)
Granite curbing with a seven inch (7") reveal shall be used
along all roads and private internal ways and at catch basins. Concrete
curbing may be substituted for granite curbing in all other locations.
(g)
The number of driveway curb cuts shall be kept to a minimum.
(h)
Traffic control devices including signals and signage shall
be installed at all appropriate locations.
(3)
Parking lot design.
(a)
Surface lots shall be screened along all public streets by a
landscaped buffer not less than six (6) feet in depth or by walls
or fencing at least three (3) feet high sitting on at least a three
(3) foot buffer strip and compatible with the adjacent architecture
and shall be designed to ensure that lights from cars within the surface
lots do not spill into adjacent streets and properties.
(b)
Parking structures and lots shall have well designed and marked
pedestrian walkways and connections to the sidewalk system.
(c)
Parking structures shall be designed to be compatible with adjacent
buildings and architecture. All structured parking shall be designed
so that the only openings at street level are those to accommodate
vehicle ingress and egress and pedestrian access to the building.
(d)
Parking and loading areas shall be screened from view from public
ways. They may be located at the side or rear of a lot or in concealed
structures and shall be suitably screened both visually and acoustically
from the street and abutters.
(4)
Lighting.
(a)
Lighting shall be installed along roadways, driveways, pedestrian
walkways and sidewalks.
(b)
Lighting shall not create overspill onto adjacent properties.
[1]
Luminaires shall be equipped with shielding, lenses
or other cutoff devices to eliminate light trespass onto any abutting
lot or parcel.
[2]
Building facades may be illuminated with low intensity
light. The light source for the building facade illumination shall
be concealed. Building entrances may be illuminated using recessed
lighting in overhangs and soffits or by use of spotlights focused
on the entrance with the light source concealed (e.g. in landscaped
areas). Direct lighting of limited exterior building areas is permitted
when necessary for security purposes.
(c)
The style of light poles and fixtures shall be compatible with
the character of the development.
(5)
Infrastructure
(a)
UCTD projects shall demonstrate that adequate water supply and
pressure are available, adequate sewage capacity is available, on-site
stormwater management is provided, traffic circulation is safe and
convenient and the traffic flow and circulation at nearby intersections
is preserved or improved. Analysis and documentation of compliance
with these standards shall be prepared by registered engineers and/or
other appropriate professionals. When the size and complexity of a
proposal for a UCTD project warrants an independent review of the
impacts, the applicant will be responsible for funding such independent
peer review.
(b)
In cases where a specific UCTD project would not otherwise meet
the above criteria, the developer shall, as a condition of the Special
Permit, be required to implement mitigation measures, including but
not limited to improvements to public infrastructure, to adequately
address any deficiency.
(6)
Signs.
(a)
A UCTD project shall comply with the provisions of this section, which supersede the provisions of Article IX, Signs and Advertising Devices, for all UCTD projects.
(b)
A UCTD project may have, at each public street entrance to the
development, a pylon or monument sign to identify the development
as a whole. No such sign face shall exceed eighty (80) square feet
in sign surface area, nor eight (8) feet in height, nor be located
less than ten (10) feet from the street line.
[1]
Such sign may be illuminated by an exterior, non-flashing,
non-blinking source.
(c)
Within a UCTD project, each business with an exterior public
entrance may have one (1) wall sign, attached and parallel to the
facade containing said entrance as follows:
(d)
Within a UCTD project, each business with an exterior public
entrance may have one (1) projecting/blade sign attached perpendicular
to the façade containing said entrance as follows:
(e)
Signs in display windows are permitted provided that such signage
shall not cover more than ten percent (10%) of the display window
area and shall be lighted only by building illumination.
(f)
Signs shall be illuminated only by an external source of steady,
stationary white light, shielded and directed solely at the sign and
not casting direct or reflected light off the premises. No sign shall
be illuminated internally or from behind a translucent sign face.
All light fixtures shall either be decorative or camouflaged. Wiring
should be concealed within building molding and lines.
(g)
Only signs related to residential uses are permitted above the
first floor of the buildings. Said signs may be 50 square feet in
size, or a size equal to 10% of the area of the building face, whichever
is smaller.
(7)
The following additional signs are permitted in a UCTD project:
(a)
Any traffic or directional sign owned and installed by a governmental
agency.
(b)
One unlighted temporary sign offering premises for sale/lease
for each parcel in one ownership, provided that it shall not exceed
six (6) square feet in surface area and set back at least ten (10)
feet from the street lot line.
M.
Ownership and maintenance of common facilities.
(1)
All internal streets, ways and parking areas shall be privately
owned. The maintenance of all such private streets, ways and parking
areas, including but not limited to snowplowing, patching and paving,
shall remain the responsibility of the owner. All deeds conveying
any portion of the land containing private streets, ways or parking
areas shall note this private responsibility of maintenance.
(2)
In a UCTD project, prior to any dwelling unit being offered
for initial sale, there shall be a residents' association in the form
of a corporation, non-profit organization or trust established in
accordance with appropriate state law by a suitable legal instrument(s)
recorded at the Registry of Deeds. As part of the Special Permit review,
the applicant shall supply to the SPGA copies of such proposed instrument.
N.
Project phasing.
(1)
A UCTD project may be developed in phases and may be developed
under one or more building permits and occupancy permits. Phasing
of the development and associated infrastructure shall be specified
in the site plan approval.
(2)
Lot area coverage, open space, off-street parking and required
mitigation shall correspond with the sequence of development implemented
in the UCTD project so that at all times, such requirement shall be
met as applied only to those portions of the project for which building
permits have been issued. Such requirements shall be met prior to
the issuance of certificates of occupancy for such buildings.
O.
Authority.
(1)
The UCTD shall require a special permit from the Town Council
acting as special permit granting authority (SPGA) with such conditions'
as may be required.
P.
Special permit process and plan review authority.
(1)
Each application for a UCTD Special Permit shall be filed by
the applicant with the Town Clerk to initiate the UCTD Special Permit
Process. A copy of said application, including the date and time of
filing certified by the Town Clerk, shall be filed forthwith by the
applicant with the special permit granting authority and shall include
18 paper copies of the application and a disk or computer drive containing
a digital copy of the full application, including all maps and attachments.
Upon receipt of the application, the Clerk to the SPGA shall circulate
copies of the application to the members of the SPGA and to the members
of the UCTD Plan Review Authority. If the application is complete,
the SPGA shall hold a public hearing on the proposed UCTD Special
Permit consistent with the requirements of MGL c. 40A.
(2)
The application fee for a UCTD Special Permit shall be $1,500.
(3)
For the purpose of reviewing a proposed UCTD project, a Plan
Review Authority (PRA) shall be formed for the sole purpose of advising
the SPGA on the proposed project. Once formed, the PRA shall be seated
until the project is fully-constructed. The PRA shall be composed
of: three (3) members of the Town Council chosen and appointed by
the Council President, one of whom shall be a District Councilor from
any district to be affected by the proposed project; two (2) Randolph
residents chosen and appointed by the Council President, both of whom
shall reside in the neighborhood of the proposed project; one (1)
member of the Planning Board; one (1) member of the Conservation Commission;
the DPW Superintendent (or a designee); and the Fire Chief (or a designee).
After completion of the below described analysis, but prior to the
Town Council meeting during which the special permit is voted upon,
the PRA shall issue a recommendation to the Town Council as to its
approval, approval with conditions, or disapproval of the proposed
project.
(4)
Peer review. If requested by the PRA or the SPGA, the applicant
shall be required to pay for reasonable consulting fees to provide
peer review of the proposed project application.
(5)
Circulation to other boards. Upon receipt of the proposed project
application, the PRA shall, within seven (7) days, provide a copy
of the application materials to the Police Department, the Building
Commissioner, the Planning Board, the Planning Department, the Zoning
Board of Appeals, the Conservation Commission, the Conservation Agent
and other appropriate municipal officers, agencies or boards for comment,
and any such board, agency or officer shall be invited to provide
written comments within thirty (30) days of receipt of the application
materials.
(6)
As part of the Special Permit application the applicant shall
submit plans on 24" x 36" paper and in digital form reflecting the
following information, and each plan that is submitted shall be set
at a scale of one inch equals forty feet (1"= 40'):
(a)
The perimeter dimensions of the lot; Assessor's Map, lot and
block numbers;
(b)
All existing 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)
Existing major natural features, including streams, wetlands
and all trees six inches (6") or larger in caliper (at approximately
waist height.);
(d)
Internal roads, sidewalks, and parking areas;
(e)
The proposed site plan or plans specifying: building(s), parking,
traffic circulation, emergency apparatus access/turning, lighting,
grading, drainage, utilities and stormwater management, snow storage,
waste management and details for all amenities such as fencing, enclosures,
benches, etc.;
(f)
Landscape plans showing all proposed landscaping features, such
as fences, walls, planting areas with types, quantities, and sizes
of proposed plantings;
(g)
Proposed floor plans for all of the proposed dwelling units
including the area in square feet of each proposed dwelling unit;
(h)
Location sketch map(s), indicating surrounding streets and properties
and any additional abutting lands owned by the applicant;
(i)
The total site area in square footage and acres to be set aside
as open space, if applicable;
(j)
Representative elevation sketches of buildings that indicate
the height of building(s) and type of construction material of exterior
facade; and
(k)
Other materials which may be required by the PRA include, but
are not limited to, traffic studies or information, information on
impacts to area schools and other public amenities, utilities impact
study and any other information needed in order to adequately evaluate
the scope and potential impacts of the proposed project.
Q.
Approval criteria.
(1)
In addition to any other applicable Special Permit requirements
provided for by the Town of Randolph Zoning Ordinances, prior to granting
a Special Permit or a Special Permit with conditions under this section,
the SPGA shall find that the following criteria are fulfilled:
(a)
The project is consistent with the design, character, and scale specified in this § 200-14.3 and is in harmony with the surrounding neighborhood;
(b)
The project is consistent with all sign, design, landscaping, lighting, buffering and public safety requirements and standards established by this § 200-14.3;
(c)
The project protects and enhances important existing natural,
historic and/or scenic site features;
(d)
There is convenient and safe vehicular and pedestrian movement
within the site and in relation to traffic and/or adjacent streets;
(e)
There are adequate and reasonably arranged parking spaces, bicycle
racks, internal ways, loading areas and sidewalks and the ability
of the site plan to accommodate parking in areas other than the front(s)
of building(s);
(f)
There are adequate sewerage and water supply systems within
the site to serve the proposed uses without overloading the municipal
systems to an extent that the health, safety or general welfare of
the residents of the Town are at risk;
(g)
There are adequate methods of refuse disposal and storage;
(h)
There are adequate snow management plans;
(i)
Local streets can reasonably accommodate traffic generated by
the proposed uses;
(j)
Stormwater management systems are designed to protect from flooding,
siltation, pollutants and related drainage impacts and shall conform
to the applicable performance standards included in the Massachusetts
Department of Environmental Projection Stormwater Management Policy
or any successor legislation;
(k)
Stormwater systems are designed to use Low Impact Design (LID)
methodologies to mitigate drainage impact;
(l)
Stormwater flood mitigation is provided through the use of Best
Management Practices (BMP's) to further reduce the frequency and intensity
of flooding otherwise generated at the proposed site;
(m)
The landscaping plan includes adequate screening of adjacent
residential uses, street trees, landscape islands and buffers; and
(n)
There is adequate screening for storage areas, loading docks,
dumpsters, rooftop equipment and similar features.
[Added 4-12-2021 by Ord. No. 2021-002]
A.
Purpose.
(1)
Planned Residential Development (PRD) allows an alternative
pattern of residential land development to encourage innovation and
variety in housing design and site development and to promote a variety
of housing choices to meet the needs of a population diverse in age,
income, household composition and individual needs.
(2)
The standards in this section are intended to create a community
of modestly sized dwelling units with commonly held community amenities
and oriented around open space. These standards are intended to promote
neighborhood interaction and safety through design while ensuring
compatibility with neighboring land uses and surrounding properties.
(3)
PRD's provide opportunities for infill development that support
the growth management goal of more efficient use of land.
B.
ALLEY
BUNGALOW
CARPORT
CLUSTER
COMMON OPEN SPACE
COTTAGE
EXCLUSIVE USE AREA
Definitions. Where the following terms appear in this section, they
shall have the following meanings.
A passage permanently reserved as a means of vehicular access
to abutting properties; running between or behind buildings.
A one or one and a half-storied house usually with a front
porch.
A shelter for a vehicle consisting of a roof supported on
posts and open on at least two (2) sides.
A community of small dwelling units arranged around a central
outdoor common space.
Undeveloped land that has been designated, dedicated, reserved,
or restricted in perpetuity from further development and is set aside
for the use and enjoyment by residents of the development. Common
open space shall not be part of any required exclusive use area.
A small detached single-family dwelling unit with narrow
massing.
A private open space or private yard associated with a private
residence not intended for public access or access by other residents
of the development.
C.
Permitted Uses. The following uses shall be permitted in any PRD:
(1)
Bungalows, cottages, single family detached and semi-detached
dwellings, two-family dwellings of dwellings provided they meet the
criteria in this chapter.
(2)
Commonly owned community building(s) for the use of the residents
of the development. Such buildings shall not include commercial uses,
sleeping quarters or bathing facilities (unless the bathing facility
is clearly incidental to a recreational facility located within the
common building).
(3)
Garages or carports.
(4)
Community gardens, play structures and passive recreational
opportunities for use of the residents of the development.
D.
Applicability.
(2)
The requirements in this chapter shall be the standards for
development, redevelopment and use of real property within a PRD provided
that an application is filed with the Town Council as Special Permit
Granting Authority (SPGA) as provided for in this chapter.
(3)
Development shall be by a site master plan for complete or phased
development.
(4)
Lots with legally pre-existing nonconforming structures shall
be eligible for a special permit provided there is no increase in
any dimensional nonconformity or the creation of new nonconformity.
(5)
For each proposed PRD project, the Site Plan Review provided
for in the Town of Randolph Zoning Ordinance shall be conducted by
the SPGA as part of the special permit process.
E.
Dimensional Requirements.
(1)
Minimum Lot Size.
(a)
A PRD shall be permitted upon a single lot or multiple contiguous
lots in common ownership with definite boundaries ascertainable from
a recorded deed or recorded plan.
(b)
The lot(s) shall have a total area of not less than four (4)
times the minimum lot size of the zoning district within which it
is proposed except as follows:
[1]
In any Residential Multifamily District (RMFD)
or Residential Multi-Family 55 Plus District (RMF55+), development
of a PRD shall be permitted on the minimum lot size for the district.
(c)
Existing public or private ways need not constitute boundaries
of the tract(s) but the area within any such ways shall not be counted
in determining minimum tract size.
(2)
Lot Frontage.
(a)
When a PRD project is proposed for an individual lot, that lot
must have minimum frontage on a public way of one hundred (100) feet.
When a PRD project includes multiple contiguous parcels, the parcels,
when combined, must have frontage of a minimum of one hundred (100)
feet on a public way.
(b)
There shall be no minimum lot area, frontage or yard requirements
for each dwelling unit within a PRD.
(3)
Lot Depth. Minimum lot depth shall be one hundred (100) feet.
(4)
Lot Width. Minimum lot width shall be one hundred (100) feet.
(5)
Setbacks. A PRD project shall comply with the following requirements:
(6)
Buffer Strips. A PRD project shall require a buffer strip of
twenty-five (25) feet where the lot abuts any non-PRD lot. Such buffer
shall be maintained as a planting area for lawns, trees, shrubs and
other landscape materials to provide a parklike separation between
lots. In this buffer strip, walkways, fencing, sewer systems and wells
may be constructed or maintained. No building, structure or paved
space associated with parking may be located in the buffer strip.
(7)
Access to the Lot. Access to the lot shall be provided from
an existing public way and shall be through the existing frontage
on such public way.
(8)
No lot shown on a plan for which a permit is granted under this
section may be further subdivided, and a notation to this effect shall
be shown on the plan prior to recording at the Registry of Deeds.
F.
Development Intensity.
(1)
Maximum Permissible Density: Maximum permissible density within
a PRD shall not exceed three (3) times the total number of dwelling
units that would be obtained through application of the underlying
zoning district in which the lot(s) is located.
(2)
(3)
Existing Dwelling Units: When a detached single-family dwelling,
which has been legally permitted on the lot(s) for a PRD, said dwelling
may become non-conforming within the standards of this chapter and
shall be permitted to remain provided, however, that:
G.
Site Design and Configuration Standards.
(1)
Arrangement.
(a)
At least seventy-five percent (75%) of dwelling units shall
be developed in clusters around common open space.
[1]
Within a cluster, each dwelling unit shall have
a primary entry oriented to the common open space.
(b)
No more than twenty-five percent (25%) of dwelling units may
be developed in other configurations but must meet all other design
requirements.
(c)
Dwelling units not oriented in a cluster shall have a primary
entry oriented to a right-of-way.
(2)
Clusters.
(a)
No grouping of dwelling units around a common open space shall
include more than twelve (12) dwelling units.
(3)
Common Open Space.
(a)
No dimension of a common open space used to satisfy the minimum
square footage requirement shall be less than ten (10) feet unless
part of an unpaved path or trail.
(b)
Each common open space shall be so configured so that dwelling
units abut at least three (3) sides.
(c)
Required common open space shall be divided into no more than
two (2) separate areas per cluster of dwelling units.
(5)
Fencing and Screening.
(a)
Internal decorative fencing and screening may be used to delineate
exclusive use areas, screen parking areas and structures, community
assets, trash and recycling areas.
(b)
Chain link and solid fences shall not be permitted internal
to the development except to conceal trash and recycling areas.
(c)
Solid fencing is permitted on the perimeter boundary to provide
delineation between the PRD's higher density development and adjacent
lower density land uses.
(d)
Fencing to delineate an exclusive use area shall not exceed
three (3) feet high.
(6)
Lot Coverage. Impervious surfaces shall not exceed forty percent
(40%) of the total land area of the lot(s) that comprise a PRD. Lot
coverage is calculated for the overall PRD. Paved components of common
open space and walkways shall not be counted in lot coverage calculations.
(7)
Slopes. Siting of dwelling units or common open space in areas
with slopes exceeding fifteen percent (15%) is discouraged. Dwelling
units shall not be placed in such areas if extensive use of retaining
walls is necessary to create building pads or open space areas.
(8)
Mailboxes. The US Postal Services (USPS) is responsible for
determining the method/mode of delivery for all developments. The
mode of delivery includes the type of mailbox used and the location
of the mailbox for each delivery address. Centralized delivery using
Cluster Box Units (CBUs) may be required for mail delivery in developments.
Prior to submission of a plan to the SPGA, the Applicant should contact
the local postmaster to determine the location of collection units
and note the approved location on the plans.
H.
Parking.
(1)
Parking shall be located on the same property as the PRD and
shall be located at the side or rear of dwelling units except as noted
below.
(2)
Access to parking areas/structures shall be from alleys. Garages,
carports, surface parking and driveways shall not be located between
the common open space and the dwelling units.
(3)
Parking may be located in clusters of not more than six (6)
adjoining uncovered spaces, carport or a shared detached garage serving
a maximum of six (6) dwelling units. Such structure shall be a maximum
of twelve-hundred (1,200) square feet and limited to six (6) single
car bays per structure with an architectural design similar and compatible
to that of the dwelling units within the PRD.
(4)
A shared detached garage or carport shall be reserved for the
parking of vehicles owned by the residents of the development.
(5)
Parking shall be located within three hundred (300) feet of
the entrance to the associated dwelling units. Parking requirements
may not be fulfilled by parking on a public street.
(6)
Parking shall not exceed the following maximums:
(a)
Dwelling units less than nine hundred (900) square feet: one
(1) space.
(b)
Dwelling units greater than nine hundred (900) square feet:
two (2) spaces.
(c)
Visitor parking: One (1) space for every five (5) dwelling units.
(d)
Maximum parking space requirements shall include parking spaces
in garages and carports.
(7)
Large open parking areas are not permitted in a PRD except in
developments that provide a central parking area at the entrance to
the PRD while providing only well-kept paths or delivery alleys to
the rest of the area.
I.
Dwelling Unit Design Standards. The intent of this section is to
ensure that a development that is unique in and of itself, provides
its residents a close-knit community, uses multiple construction materials
and treatments to provide an appealing aesthetic. All structures in
a PRD shall be developed to meet the criteria in this chapter.
(1)
Exterior Design.
(a)
Porches. Each dwelling unit shall have a covered main entry
porch oriented toward the common open space or right of way as applicable.
Covered porches shall be a minimum of six (6) feet deep and usable
both in design and dimension.
(b)
Elevations. Units of identical elevation types must be separated
by at least two (2) different elevations. No two adjacent structures
shall be built with the same building elevation, facade materials
or colors. Reverse elevations are not considered a different building
elevation.
(c)
Corner Units. Units located on corners shall be architecturally
designed to provide modulation and detail on both elevations. Examples
of modulation include the use of bay windows, wrapped porches, dormers,
etc.
(2)
Maximum Unit Size. Each dwelling unit shall have a maximum of
1,100 square feet. If the unit includes an attached garage, the garage
shall be included in the calculation of total area.
(3)
Maximum Height. The maximum permitted height of any structure
within a PRD shall be eighteen (18) feet or one and one-half (1 1/2)
stories. Any upper floor shall be located within the roof structure,
not below it, in order to reduce building massing as much as possible.
(4)
Roofs. Dwelling units shall have a minimum 6:12 roof pitch.
Up to thirty-five percent (35%) of the roof area may have a slope
not less than 4:12. Portions of a roof with a pitch of less than 6:12
shall be limited to architectural features such as dormers and porch
roofs. The highest point of a pitched roof may extend up to twenty-three
(23) feet.
(5)
Exception to Floor Area: Areas that do not count toward total
square footage include unheated storage space located beneath the
main floor of the dwelling unit, attached roofed porches, detached
garages or carports, spaces with ceiling height of six (6) feet or
less measured to the exterior walls (such as a second-floor area under
the slope of a roof).
(6)
No Increase in Size: The total square footage of a dwelling
unit shall not be increased. Notation shall be placed on the title
to any property for the purpose of notifying future owners that any
increase in total square footage of a dwelling unit is prohibited
for the life of the unit or the duration of these regulations.
(7)
Design Mix. A mix of housing opportunities shall be provided
in all PRDs. Such diversity shall be achieved through:
J.
Trash and Recycling. All loading, trash, recycling and storage areas
shall be located so they are not visible from the common open space
or right of way (not including alleys). An architectural screen shall
surround all sides except the access entry. Such screen shall prevent
visibility into the enclosure and shall be of a height sufficient
to conceal the receptacles stored within.
K.
Community Buildings and Amenities. Structures must be clearly incidental
in use and size to the dwelling units and shall be no greater than
one (1) story in height.
L.
Open Space.
(1)
Common Open Space. All land within the PRD which is not covered
by buildings, roads, driveways, parking or service areas, or which
is not set aside as yards, patios, gardens or similar for exclusive
or shared use by the residents shall be common open space.
(a)
The common open space shall have a shape, dimension, character
and location suitable to assure its use for park, recreation, conservation,
or agricultural purposes by the residents of the PRD. In determining
whether the intent of this section has been satisfied, the SPGA shall
consider the extent to which land having one or more of the following
characteristics is included in the proposed open space:
[1]
Land abutting lakes, ponds, brooks which enhance
or protect wetlands or flood plains or which enhance or provide significant
scenic vistas or views;
[2]
Land which currently is in agricultural use or
land which is suitable in size, location and soil characteristics
for agricultural use;
[3]
Land which provides a significant wildlife habitat
or which is a unique natural area;
[4]
Land which provides recharge to Randolph's public
water supply;
[5]
Land which is to be developed for active recreational
use including playing fields, playgrounds, and parks;
[6]
Land which preserves existing trail networks or
land on which new trails will be developed as part of the PRD for
integration into an existing or future trail network; and
[7]
Land providing desirable public access to existing
Town or State recreational or conservation land.
(b)
Provision shall be made so that the common open space shall
be readily accessible to the owners and residents of the units in
the PRD and owned by:
A membership corporation, trust or association whose members
are all the owners and residents of the units;
The Town; or
Otherwise as the SPGA may direct.
(c)
Common open space shall be in one or more contiguous pieces.
(d)
Dwelling units shall abut on at least three (3) sides of the
common open space.
(2)
Exclusive Use Area.
(a)
Each dwelling unit shall be provided an area of open space for
exclusive use. The space shall be provided on the front, side and
rear of each dwelling unit.
(b)
The exclusive use area shall be separated from the common open
space by landscaping, picket fence or other similar visual separation.
[1]
Each dwelling unit shall be provided with a minimum
of five hundred (500) square feet of usable private open space which
may be met with a combination of front, side and rear locations.
(3)
Perpetuity. In all cases, a perpetual restriction of the type
described in MGL c. 184, § 31 (including future amendments
thereto and corresponding provisions of future laws) running to or
enforceable by the Town shall be recorded in respect to such land.
Such restriction shall provide that the common open space shall be
retained in perpetuity for one or more of the following uses: conservation,
agriculture, recreation, or park. Such restriction shall be in such
form and substance as the SPGA shall prescribe and may contain such
additional restrictions on development and use of the common open
space as the SPGA may deem appropriate.
M.
Pedestrian Connectivity. Safe, aesthetically pleasing pedestrian
connections are required between each building, common open space,
parking area and right-of-way. Sidewalks shall be a minimum of five
(5) feet wide.
N.
Infrastructure.
(1)
Projects shall demonstrate that adequate water supply and pressure
are available, adequate sewage capacity is available, on-site stormwater
management is provided, traffic circulation is safe and convenient
and the traffic flow and circulation at nearby intersections is preserved
or improved. Analysis and documentation of compliance with these standards
shall be prepared by registered engineers and/or other appropriate
professionals. When the size and complexity of a proposal for a PRD
project warrants an independent review of the impacts, the applicant
will be responsible for funding such independent peer review.
(2)
In cases where a specific PRD project would not otherwise meet
the above criteria, the developer shall, as a condition of the Special
Permit, be required to implement mitigation measures, including but
not limited to improvements to public infrastructure, to adequately
address any deficiency.
(3)
All required utilities exclusive of transformers shall be placed
underground.
O.
Stormwater Management. All projects are required to be reviewed and
permitted by the Town's Stormwater Authority and comply with any such
regulations established by the Authority.
P.
Separation of Planned Residential Developments. PRDs shall be separated
from each other by a minimum distance to promote housing-type diversity,
reduce potential cumulative impacts of PRDs and help protect neighborhood
character. Each PRD shall be separated from any other PRD by a distance
of at least one thousand (1,000) feet.
Q.
Ownership and Maintenance of Common Facilities.
(1)
All internal streets, ways and parking areas shall be privately
owned. The maintenance of all such private streets, ways and parking
areas, including but not limited to snowplowing, patching and paving,
shall remain the responsibility of the owner or resident association.
All deeds conveying any portion of the land containing private streets,
ways or parking areas shall note this private responsibility of maintenance.
(2)
In a PRD project, prior to any dwelling unit being offered for
initial sale, there shall be a suitable legally-binding organization
such as a residents' or condominium association agreement established
in accordance with appropriate state law by a suitable legal instrument(s)
recorded at the Registry of Deeds. Such association shall ensure proper
maintenance and funding of shared facilities such as common open space,
parking areas, alleys and amenities. As part of the Special Permit
review, the applicant shall supply to the SPGA copies of such proposed
instrument.
R.
Bonus Density. If all the units proposed in the Planned Residential Development are offered at market-rate rental/purchase prices, then only the basic density established in § 200-14.4F shall be permitted. An increase in the number of permitted units may be increased beyond the basic density within the PRD and authorized by the SPGA only if:
(1)
At least twenty percent (20%) of the units are made available
as described in one of the methods outlined herein.
(a)
Units made available to the Randolph Housing Authority, or other
entity may direct, either for purchase within the cost limits allowed
by the Commonwealth of Massachusetts Department of Housing and Community
Development (DHCD), or for lease under federal or state rental-assistance
programs, or through a long-term contractual agreement; which can
be counted toward the DHCD's Subsidized Housing Inventory.
(b)
Units made available for sale, lease or rent at below market
rates based on the following:
[1]
Starter-priced Housing: For sale, lease or rental
to households with incomes of less than one-hundred ten (110) percent
of the median family income for the Boston Metropolitan Area as determined
by the most recent calculation of the U.S. Department of Housing and
Urban Development.
[2]
Moderate-priced Housing: For sale, lease or rental
to households with incomes of less than one hundred and fifty (150)
percent of the median family income for the Boston Metropolitan Area
as determined by the most recent calculation of the U.S. Department
of Housing and Urban Development.
(2)
Any increases in density permitted by the SPGA shall be based
upon the degree to which the proposed PRD provides a range of dwelling
units with a variety of price points.
(3)
Long-term Availability. The SPGA, as a condition of a special
permit, shall impose appropriate limitations and safeguards to insure
the continued availability of the below market-rate units for a minimum
of forty (40) years. Such limitations and safeguards may be in the
form of deed restrictions, resale monitoring, requirements for income
verification of purchasers and/or tenants, rent level controls or
other method as the SPGA may direct.
S.
Application for Special Permit; Reports and Recommendations; Issuance
of Special Permit.
(1)
Application. Any person who desires a special permit for a PRD
shall apply in writing in such form as the SPGA may require which
shall include the following:
(a)
A development statement consisting of a petition, a list of
the parties in interest with respect to the PRD tract, a list of the
development team and a written statement outlining the potential impacts
of the proposed development including environmental, traffic and community
impact. The applicant shall set forth the development concept including
in tabular form the number of units, type, size (number of bedrooms,
floor area), ground coverage, and summary showing the area of residential
development and common open space as percentages of the total area
of the PRD tract.
(c)
Bonus density calculations (where applicable) including:
[1]
Income range (using ranges established by the appropriate
state or federal agencies as acceptable to the SPGA) of family households
or single individual residing in each affordable dwelling unit;
[2]
Pre- and post-construction management methods concerning
the maintenance of the any affordable dwelling units including supporting
documents and contracts; and
[3]
Proposed methods of ensuring long-term availability
for the income restricted dwelling units, including supporting documents
and restrictions.
(d)
Such additional information as the SPGA may require.
(2)
Planning Board Report and Recommendations. The Planning Board
shall meet with the applicant and review the application packet including
development statement and plans and shall submit in writing to the
SPGA its report and recommendations upon the technical quality of
the proposed development, and at least the following:
(a)
General descriptions of the natural terrain of the PRD tract
and surrounding areas, and of the neighborhood in which the tract
is situated.
(b)
A review of the proposed development, including the design and
use of buildings and of the open spaces between and around them, of
pedestrian and vehicular circulation, of the location and capacity
of parking, and of the provisions for grading, landscaping and screening.
(c)
An evaluation and opinion upon the degree to which the proposed
PRD provides a range of diversity and the size of the units as it
relates to increased density that may be permitted.
(d)
An evaluation and opinion upon the degree to which any land
intended to be conveyed to, or restricted for the benefit of the Town:
Provides or will in the future provide an addition to areas
of open space between developed sections of the Town;
Makes available land desirable for future public use; or
Conforms to the Town's long-range land use plan.
(e)
Its opinion as to whether the proposed site design, development
layout, number, type and design of housing constitute a suitable development
for the neighborhood within which it is located.
(f)
Recommendations for the granting or denial of the special permit,
including recommendations for modifications, restrictions or requirements
to be imposed as a condition of granting the special permit.
(3)
Conservation Commission's Report and Recommendations. The Conservation
Commission shall review the development statement and plans and shall
submit in writing to the SPGA its report and recommendations upon
the degree to which the proposed development enhances the protection
of environmental qualities including at least:
(a)
An evaluation and opinion upon the degree to which the development
itself impinges upon environmental areas.
(b)
An evaluation and opinion upon the degree to which the common
open space protects environmental areas and provides a valuable outdoor
recreation resource.
(c)
An evaluation and opinion upon the degree to which any land
intended to be conveyed to, or restricted for the benefit of, the
Town:
Enhances the protection of environmental areas, unique natural
features, scenic vistas or potential or existing farmland; or
Provides a valuable addition to the open space resources of
the Town.
(4)
Issuance of Special Permit. A special permit shall be issued
under this section only if the SPGA shall find that the PRD is in
harmony with the general purpose and intent of this section and that
the PRD contains a mix of residential, open space, or other uses in
a variety of buildings to be sufficiently advantageous to the Town
to render it appropriate to depart from the requirements of this Ordinance
otherwise applicable to the district(s) in which the PRD tract is
located. If a special permit is granted the SPGA shall impose as a
condition thereof that the installation of municipal services and
construction of interior drives within the PRD shall comply with the
Subdivision Rules and Regulations of the Planning Board to the extent
applicable, shall require sufficient security to insure such compliance
and the completion of planned recreational facilities and site amenities,
and may impose such additional conditions and safeguards as public
safety, welfare and convenience may require, either as recommended
by the Planning Board and Conservation Commission or upon its own
initiative. The SPGA shall give due consideration to the reports of
the Planning Board and Conservation Commission and where the decision
of the SPGA differs from the recommendations of the Planning Board
or Conservation Commission, the reasons therefor shall be stated in
writing.
[Amended 5-22-2006 ATM by Art. 50, approved
10-17-2006]
The following uses are permitted in a Sanitary
Facility District and other activities as outlined in the Table of
Allowable Activity:[1]
A.
Sanitary landfill, refuse transfer station, resource
recovery center, recycling center, dumping ground for refuse or any
other works for treating or disposing of refuse, excluding incinerators.
"Refuse" means all solid or liquid waste materials, including garbage
and rubbish, but not including untreated sewage, liquid chemicals
and special waste.
B.
Buildings and structures of one-story size, not more than twenty (20) feet high, fences, roadway for access and egress and drainage systems used in connection with any of the uses permitted in Subsection A; and buildings and structures of one-story size, not more than twenty (20) feet high, for the housing, protecting, servicing and/or supplying of machinery or equipment therefor and administration facilities therefor.
E.
Nonaccessory
signs are permitted subject to a special permit by the Town Council.
[Added 10-25-2010 by Ord. No. 2010-037]
[1]
Editor's Note: The Table of Allowable Activity is included as an attachment to this chapter.
[Added 5-22-2006 ATM by Art. 50, approved
10-17-2006]
A.
The purpose of this district is to:
(1)
Protect, preserve and maintain the water table and
water recharge areas within the Town of Randolph so as to preserve
the present and potential water supplies for the public health and
safety of the inhabitants of the Town of Randolph.
(2)
Assure the continuation of the natural flow pattern
of the watercourses' capacity to protect persons and provide against
the hazards of floodwater within the Town in order to provide adequate
and safe floodwater storage inundation.
(3)
Provide that the lands in the Town of Randolph subject
to seasonal and/or periodic flooding shall not be used for residential
or other purposes in such a manner as to endanger the health and safety
of the inhabitants thereof.
B.
In a Watershed and Wetlands Protection Overlay District,
permitted uses shall be in accordance with the underlying zoning,
subject to affirmative finding and approval of the Randolph Board
of Appeals and the following restrictions:
(1)
Each Watershed and Wetlands Protection Overlay District
shall be subdivided into areas as follows:
(a)
Area 1: all district land lying within the defined
water and swampland area shown on the hereinbefore referenced topographic
maps of the Town of Randolph and designated on said maps as "Area
1."
(b)
Area 2: all district land lying outside the
defined water and swampland area shown on the hereinbefore referenced
topographic maps of the Town of Randolph and designated on said maps
as "Area 2."
(2)
District area restrictions.
(a)
Area 1: unsuitable for development of any type;
not to be built upon, excavated or filled; may be used to satisfy
applicable area requirements in accordance with the underlying zoning.
(b)
Area 2: development allowed in accordance with
all the applicable laws and bylaws of the Town of Randolph governing
use in accordance with the underlying zoning, with the following restrictions:
[1]
Any and all structures approved for construction
within this area and required by law to be serviced with sanitary
facilities shall be connected to the Town sewer systems.
[2]
No structure may be constructed or paving placed
within fifty (50) feet of the water and swamp land designated as "Area
1" or within twenty-five (25) feet of the bank of any brook, stream
or river within the area.
[3]
The finished elevation of any basement floor
of a structure approved for construction within this area shall be
of a minimum of four (4) feet above the elevation of the closest approach
to said structure of the water and swampland area delineated on the
hereinbefore-referenced topographic maps of the Town of Randolph designated
as "Area 1."
[4]
All drainage must comply with the requirements
of the Randolph Planning Board.
(3)
Permitted uses shall be as follows:
(a)
Proper operation of and maintenance of dams
and other water-control devices.
(b)
Temporary alteration of water level for emergency
or maintenance, upon written approval of the Town Engineer.
(c)
Appropriate governmental use, including but
not limited to water and sewage works, pumping stations and river
and stream clearance, jointly approved by the Town Engineer and Water
Department.
(d)
Dams, excavations, relocation of waterways and
creation of ponds and drainage improvements, consistent with the purpose
of this chapter, upon written approval of the Town Engineer.
(e)
The repair, rebuilding, modification or enlargement
of all existing residential, commercial and industrial buildings,
consistent with the laws of the Commonwealth of Massachusetts and
in compliance with all other local bylaws, provided that such proposed
work does not affect the natural flow pattern of any watercourse or
groundwater supply.
(f)
Driveways and roads where alternative means
of access are impractical, consistent with the purpose of this chapter.
(4)
Administration.
(a)
Upon written application, the Building Commissioner
shall determine, by any means at the Building Commissioner's disposal,
whether the parcel identified in the application and shown on any
accompanying plot plan lies within Area 1 and/or Area 2 of a Watershed
and Wetlands Protection Overlay District. In order to expedite this
determination, the Building Commissioner shall, at the Building Commissioner's
request, be provided by the applicant with a complete overall topographic
plan of the area proposed for use, prepared by a registered professional
engineer or registered land surveyor, showing contour elevations at
two-foot intervals, referred to United States Geological Survey datum.
[Amended 4-16-1996 ATM by Art. 11, approved
7-29-1996]
(b)
This topographic drawing shall show all pertinent
information, including existing brooks, streams, rivers and areas
of ponding, the extent and depth of proposed excavation and/or filling
limits of other proposed construction and/or appurtenant work.
(c)
A determination by the Building Commissioner
that the parcel identified in the application lies within Area 1 and/or
Area 2 of a Watershed and Wetlands Protection Overlay District shall
require the Building Commissioner's immediate referral to the Randolph
Planning Board for recommendation for a finding consistent with the
intent of this chapter. The Planning Board will require copies of
all information submitted to the Building Commissioner for its consideration
of the application. Any owner of land in Area 1 and/or Area 2 who
is aggrieved by a decision of the Building Commissioner and/or Planning
Board may appeal to the Board of Appeals.
[Amended 4-16-1996 ATM by Art. 11, approved
7-29-1996]
(5)
Special flood hazard areas. The Federal Emergency Management Agency has issued revised Flood Insurance Rate Maps (FIRMs) and Flood Insurance Study Booklet (FIS) for the Town of Randolph, which identifies the special flood hazard areas within the Town. The revision date of the FIRM Maps and FIS Booklet is July 17, 2012. All proposed new construction, substantial additions/improvements and utilities within the one-hundred-year floodplain must comply with the revised FIRM Maps, FIS Booklet, and the provisions in Subsection B(6) of this section.
[Amended 5-10-2000 ATM by Art. 9, approved
9-27-2000; 6-11-2012 by Ord. No.
2012-017]
(6)
Special flood hazard areas. Areas are as created by the National Flood Insurance Program (NFIP) and the Federal Emergency Management Agency (FEMA) on their most current maps adopted by the Town of Randolph [see Subsection B(5)], in conjunction with the State Flood Hazard Management Program of the Department of Environment's Management Office of Water Resources, the State Building Code, Wetlands Overlay Protection Act, State Sanitary Code and the Town of Randolph Watershed and Wetlands Protection Overlay District Zoning Code, and any other applicable zoning codes and/or bylaws.
[Added 4-24-2001 ATM by Art. 21, approved
12-21-2001; 6-11-2012 by Ord. No.
2012-017]
(a)
Statement of floodplain area purposes:
[1]
Ensure public safety through reducing the threats
to life and personal injury.
[2]
Eliminate new hazards to emergency response
officials.
[3]
Prevent the occurrence of public emergencies
resulting from water quality contamination and pollution due to flooding.
[4]
Avoid the loss of utility services which, if
damaged by flooding, would disrupt or shut down the utility network
and impact regions of the community beyond the site of flooding.
[5]
Eliminate costs associated with the response
and cleanup of flooding conditions.
[6]
Reduce damage to public and private property
resulting from flooding waters.
(b)
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
DEVELOPMENT
DISTRICT
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FLOOD BOUNDARY AND FLOODWAY MAP
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOODWAY
LOWEST FLOOR
MANUFACTURED HOME
NEW CONSTRUCTION
ONE-HUNDRED-YEAR FLOOD
REGULATORY FLOODWAY
SPECIAL FLOOD HAZARD AREA
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
ZONE A
ZONE A1-30 and ZONE AE
ZONE AH and ZONE AO
ZONE A99
ZONES B, C, AND X
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Land in the floodplain within a community subject to a one-percent
or greater chance of flooding in any given year. The area may be designated
as Zone A, AO, AH, A1-30, AE, A99, V1-30, VE, or V.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
Floodplain district.
Administers the National Flood Insurance Program. FEMA provides
a nationwide flood hazard area mapping study program for communities
as well as regulatory standards for development in the flood hazard
areas.
An official map of a community issued by FEMA that depicts,
based on detailed analyses, the boundaries of the one-hundred-year
and five-hundred-year floods and the one-hundred-year floodway. (For
maps done in 1987 and later, the floodway designation is included
on the FIRM.)
An official map of a community issued by FEMA where the boundaries
of the flood and related erosion areas having special hazards have
been designated as Zone A or E.
An official map of a community on which FEMA has delineated
both the areas of special flood hazard and the risk premium zones
applicable to the community.
An examination, evaluation, and determination of flood hazards,
and, if appropriate, corresponding water surface elevations, or an
examination, evaluation and determination of flood-related erosion
hazards.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation.
The lowest floor of the lowest enclosed area (including basement
or cellar). An unfinished or flood-resistant enclosure, usable solely
for parking of vehicles, building access or storage in an area other
than a basement area, is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure
in violation of the applicable nonelevation design requirements of
NFIP Regulations 60.3.
A structure, transportable in one (1) or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers, and other similar vehicles
placed on a site for greater than one hundred eighty (180) consecutive
days. For insurance purposes, the term "manufactured home" does not
include park trailers, travel trailers, and other similar vehicles.
For floodplain management purposes, structures for which
the "start of construction" commenced on or after the effective date
of a floodplain management regulation adopted by a community. For
the purpose of determining insurance rates, "new construction" means
structures for which the "start of construction" commenced on or after
the effective date of an initial FIRM or after December 31, 1974,
whichever is later.
See "base flood."
See "floodway."
An area having special flood and/or flood-related erosion
hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99,
AH, V, V1-30, or VE.
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home. "Structure," for insurance
coverage purposes, means a walled and roofed building, other than
a gas or liquid storage tank, that is principally above ground and
affixed to a permanent site, as well as a manufactured home on foundation.
For the latter purpose, the term includes a building while in the
course of construction, alteration, or repair, but does not include
building materials or supplies intended for use in such construction,
alteration, or repair, unless such materials or supplies are within
an enclosed building on the premises.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed fifty percent (50%) of the market value of the structure
before the damage occurred.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds fifty percent (50%) of the market
value of the structure either (a) before the improvement or repair
is started, or (b) if the structure has been damaged and is being
restored, before the damage occurred. For the purposes of this definition,
"substantial improvement" is considered to occur when the first alteration
of any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external dimensions
of the structure.
The one-hundred-year floodplain area where the base flood
elevation (BFE) has not been determined. To determine the BFE, use
the best available federal, state, local, or other data.
For new and revised maps, the one-hundred-year floodplain
where the base flood elevation has been determined.
The one-hundred-year floodplain with flood depths of one
(1) foot to three (3) feet, where a clearly defined channel does not
exist, where the path of flooding is unpredictable, and where velocity
flow may be evident. Such flooding is characterized by ponding or
sheet flow.
Areas to be protected from the one-hundred-year flood by
federal flood protection systems under construction. Base flood elevations
have not been determined.
Areas identified in the community Flood Insurance Study as
areas of moderate or minimal flood hazard. Zone X replaces Zones B
and C on new and revised maps.
(c)
Floodplain area boundaries. The floodplain area is herein established as an overlay district. The district includes all special flood hazard areas within the Town of Randolph designated on the Flood Insurance Rate Maps (FIRMs) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program (NFIP). The FIRM maps indicate the one-hundred-year regulatory floodplain. The exact boundaries of the areas may be defined by the one-hundred-year base flood elevations shown on the FIRM and further defined by the most current Flood Insurance Study Booklet. The FIRM and Flood Insurance Study Booklet are incorporated into this Subsection B(6) and are on file with the Planning Board and the Department of Public Works, Engineering Division.
(d)
Base flood elevation and floodway data.
[1]
Floodway data. In Zones A, A1-30 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 the floodway 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. Base flood elevation
data are required for subdivision proposals or other developments
greater than fifty (50) lots or five (5) acres, whichever is less,
within unnumbered A Zones.
(e)
Notification of watercourse alteration. In a
riverine situation, the Floodplain Manager for the Town of Randolph
shall notify the following of any alteration or relocation of a watercourse:
(f)
Use regulations.
[1]
The Floodplain Area is established as an overlay
area to all zoning districts. All development in the area, including
structural and nonstructural activities, whether permitted by right
or by special permit, must be in compliance with MGL c. 131, § 40,
as amended, and with the following:
[a]
Sections of the Massachusetts State Building Code (780 CMR)
which address floodplain areas and coastal high-hazard areas.
[b]
Wetlands Protection Regulations, Department of Environmental
Protection.
[c]
Inland Wetlands Restrictions, Department of Environmental Protection
(310 CMR 13.00).
[d]
Minimum Requirement for the Subsurface Disposal of Sanitary
Sewage, Department of Environmental Protection (310 CMR 15, Title
5).
[2]
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 those state regulations.
[3]
No variance to the floodplain areas may be granted
by the Town of Randolph Zoning Board of Appeals.
(g)
Other use regulations.
[1]
Within Zones AH and AO on the FIRM, adequate
drainage paths are required around structures on slopes, to guide
floodwaters around and away from proposed structures are required.
[2]
In Zones A1-30 and AE along watercourses that
have a regulatory floodway designated on the Town of Randolph FIRM
or Flood Boundary and Floodway Map, encroachments are prohibited in
the regulatory floodway which would result in any increase in flood
levels within the community during the occurrence of base flood discharge.
[4]
Existing contour intervals of site and elevations
of existing structures must be included on plan proposal.
[5]
For development within the special flood hazard areas, a copy of
the development or site plan shall be transmitted to the Conservation
Commission, Planning Board, Board of Health, Town Engineer and Building
Commissioner for comments prior to issuing applicable permits or approvals.
(h)
Permitted uses. 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 area, etc.
[4]
Conservation of water, plants and 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.
(i)
Public health. The Board of Health and Department
of Public Works, in reviewing all proposed water and sewer facilities
to be located in the floodplain areas, shall require that:
[1]
New and replacement water supply systems be
designed to minimize or eliminate infiltration of floodwaters into
the systems.
[2]
New and replacement sanitary sewage systems
be designed to minimize or eliminate infiltration of floodwaters into
the systems and discharges from the systems into floodwaters and on-site
waste disposal systems to be located to avoid impairment to them or
contamination from them during flooding.
C.
Institutional Open Space Districts. The following
uses are permitted in an Institutional Open Space District: houses
of worship, schools, parish houses, convents, cemeteries, rectories
and accessory uses on the same lot with and customarily incidental
to any of the above permitted uses.
A.
Purpose of district. The purpose of the Great Pond
Commerce Center Overlay District is to promote the general welfare
of the community by assuring the economic viability and vitality of
the former Pacella Industrial Park area while minimizing potential
adverse impacts upon nearby neighborhoods and other premises. This
purpose is to be achieved through the establishment of controls specifically
for expanded business or industrial uses at locations where either
such uses already exist or they would be appropriate because of access
and other geographical considerations.
B.
Scope of authority. The Great Pond Commerce Center Overlay District shall be a superimposed district and not replace the underlying zoning district(s). The regulations of this overlay district shall govern all new construction as well as reconstruction or expansion of new or existing buildings, and shall also govern new or expanded uses, regardless of the nature of such uses, and regardless of whether the requirements of this § 200-16.1 are more or less restrictive than those of the comparable regulations for the underlying district at that location. The provisions of this § 200-16.1 shall supersede those of §§ 200-18 to 200-22, inclusive, §§ 200-28 to 200-30, inclusive, and §§ 200-34 and 200-35, inclusive. On all other matters, the provisions of the underlying district(s) shall continue to govern.
C.
Allowed uses. Permitted uses in the Great Pond Commerce
Center Overlay District are as specified in the Table of Allowable
Activity, the content of which is incorporated herein by reference.[1]
[1]
Editor's Note: The Table of Allowable Activity is included as an attachment to this chapter.
D.
Special permit uses. All uses permitted by special
permit in the underlying district at a given location may be allowed
in the overlay district upon the issuance of a special permit by the
applicable special permit granting authority under such conditions
as that authority may require.
F.
Dimensional and area requirements.
(1)
Minimum lot size. In the Great Pond Commerce
Center Overlay District, no building shall be constructed on any lot
containing less than sixty thousand (60,000) square feet of land.
(2)
Minimum lot frontage. In the Great Pond Commerce
Center Overlay District, no building shall be constructed on any lot
containing less than one hundred twenty (120) feet of frontage on
a public way.
(3)
Building setback requirements.
(a)
In the Great Pond Commerce Center Overlay District,
no building shall be constructed so as to be nearer to the line of
any street than the required setback distance or nearer to the side
lines of the lot on which it is located than the required side yard
width or nearer to the rear line of the lot on which it is located
than the required rear yard depth specified in the following table:
[1]
Required setback distance: twenty
(20) feet from the side line of Pond Street; ten (10) feet from the
side line of any other street.
[2]
Required side yard width: five
(5) feet; forty (40) feet if side yard abuts a residential district
within the Town of Randolph or a building located within the Town
of Randolph and used primarily for residential purposes.
[3]
Required rear yard depth: ten (10)
feet; forty (40) feet if rear yard abuts a residential district within
the Town of Randolph or a building located within the Town of Randolph
and used primarily for residential purposes.
(b)
Notwithstanding any other provision hereof,
all newly constructed buildings or expanded buildings within the Great
Pond Commerce Center Overlay District shall be developed in such a
way as to provide unimpeded access on all sides or faces thereof for
fire and other emergency vehicles.
(4)
Building height requirements. Buildings in the
Great Pond Commerce Center Overlay District which are located on lots
not directly abutting any portion of a residentially zoned premises
within the Town of Randolph may contain a maximum of six (6) stories
and shall not exceed seventy-eight (78) feet in height. Buildings
which are located on lots which directly abut any portion of a residentially
zoned premises within the Town of Randolph may contain two (2) stories
and shall not exceed twenty-five (25) feet in height. All height measurements
shall be made in the fashion set forth in the State Building Code,
780 CMR.
[Amended 5-21-2012 by Ord. No. 2012-001]
(5)
Lot coverage. In the Great Pond Commerce Center
Overlay District, no lot shall be developed such that the buildings
thereon and other impervious surfaces added thereto cover more than
seventy-five percent (75%) of the overall lot area. Of this amount,
no more than fifty percent (50%) may be devoted to a building or buildings
and no more than twenty-five percent (25%) to impervious surface(s).
(6)
Buffer strips. A minimum five-foot-wide buffer
strip shall be maintained along the entire frontage of all lots within
the Great Pond Commerce Center Overlay District, excepting only those
portions of the lot frontage which must be paved for normal vehicular
access. Said buffer shall be maintained as a planting area and shall
be landscaped with grass, trees, shrubs and/or other natural materials.
A minimum forty-foot-wide buffer strip shall be maintained along the
entire side and rear boundary lines of all lots within the Great Pond
Commerce Center Overlay District where the side or rear yard of the
lot in question abuts a residential district within the Town of Randolph
or a building located within the Town of Randolph which is used for
residential purposes. Otherwise, no buffer requirement shall apply
in the side and/or rear yard areas.
(7)
Parking space requirements. Notwithstanding
anything in the Zoning Code to the contrary, in the Great Pond Commerce
Center Overlay District, the off-street parking requirements shall
be the following:
(a)
For retail stores and offices including salesrooms
and showrooms, consumer service establishments, public administration
buildings, business and professional offices, executive and administrative
offices, banks and other financial institutions or any form of educational
institution, one (1) parking space for each two hundred fifty (250)
square feet of gross floor area. For purposes hereof, "gross floor
area" means the aggregate total floor area of all levels contained
within exterior walls, but does not include basement space used for
heating and utilities, storage or for automobile parking.
[1]
Uses not listed in the preceding subsection shall meet the parking space requirements of § 200-22 of this chapter.
[2]
Parking of motor vehicles shall
be permitted either on grade, below grade within the basements of
buildings or above grade on so-called "parking shelves" constructed
for such purpose. Adequate means of ventilation shall be provided
for any parking area located below grade.
(b)
The net area for each individual parking space
required for premises in the Great Pond Commerce Center Overlay District
shall be no less than one hundred sixty-two (162) square feet. Each
such parking space shall have a length of not less than eighteen (18)
feet and a width of not less than nine (9) feet. This provision shall
not apply to handicapped parking spaces, the overall size, dimensions
and number of which shall be consistent with applicable local, state
or federal requirements for same.
(c)
The off-street parking spaces required for premises
within the Great Pond Commerce Center Overlay District may be provided
either on the same lot or premises with the parking generator or on
any lot or premises, whether or not otherwise associated therewith,
a substantial portion of which at least is within five hundred (500)
feet of the generator. All required handicapped parking spaces must
be located on the same lot or premises as the parking generator.
(d)
Off-street parking facilities and connecting
drives between such facilities and the street shall be designed so
as to ensure the safety and convenience of persons traveling within
or through the parking area and between the parking facility and the
street.
(e)
In addition to the requirement for automobile
parking spaces, there shall also be provided for each building or
group of buildings sufficient off-street loading space to ensure that
all loading operations take place off the public way. Loading spaces
and access drives leading to loading spaces shall be so designed that
vehicles to be loaded or unloaded are not required to maneuver in
the public way to enter or leave the designated loading area and so
as to minimize the impact of any loading operations on any abutting
residential premises.
(f)
Lamps or lights which may be installed to illuminate
any parking spaces or parking area within the Great Pond Commerce
Center Overlay District shall be configured so that the fallout from
said lamps or lights shall not impact abutting residential premises.
[Added 12-3-2007 STM by Art. 7, approved 4-14-2008]
[Note: MGL c. 43D, §§ 1 through 16, is accepted by the Town as described in § 200-16.2; provided, however, that the vote shall take effect only as to those sites as the interagency permitting board described in MGL c. 23A, § 62, or the equivalent agency, approves the designation thereof as a priority development site pursuant to the procedures set forth in MGL c. 43D, §§ 1 through 16. (The Board of Selectmen is authorized to apply for priority site development designation pursuant to this vote and for such grants and technical assistance as may be available.)]
A.
In the Great Pond Commerce Center Overlay District, East Randolph
Industrial Park on Teed Drive and the York Industrial Park on York
Avenue, a proposal for the development or redevelopment of a building
with at least fifty thousand (50,000) square feet of gross floor area
in new or existing buildings or structures on a site which has been
designated as a priority development site by the interagency permitting
board described in MGL c. 23A, § 62, may be permitted pursuant
to the procedures set forth in the Expedited Permitting Statute, MGL
c. 43D, §§ 1 through 16.
B.
Within one hundred twenty (120) days of the acceptance of the Expedited
Permitting Statute by vote of Town Meeting, the Board of Selectmen
shall implement the following:
(1)
Appoint a single point of contact to serve as the primary municipal
liaison for all issues relating to the Expedited Permitting Statute;
(2)
Amend rules and regulations on permit issuance to conform to
the Expedited Permitting Statute;
(3)
Along with the issuing authorities as defined in MGL c. 43D,
§ 2, collect and ensure the availability of all governing
statutes, local bylaws, regulations, procedures and protocols pertaining
to each permit;
(4)
Establish a procedure whereby the Board of Selectmen shall determine
all permits, reviews and predevelopment reviews required for a project;
all required scoping sessions, public comment periods and public hearings;
and all additional specific applications and supplemental information
required for review, including, where applicable, the identification
of potential conflicts of jurisdiction or substantive standards with
abutting municipalities and a procedure for notifying the applicant;
and
[Added 1-8-2018 by Ord.
No. 2017-045]
The operation of any marijuana establishment, as defined in
MGL c. 94G, § 1, including, without limitation, a marijuana cultivator,
marijuana testing facility, marijuana product manufacturer, marijuana
retailer or any other type of licensed marijuana-related business,
is prohibited in all zoning districts of the Town of Randolph. This
prohibition shall not apply to the sale, distribution or cultivation
of marijuana for medical purposes licensed under Chapter 369 of the
Acts of 2012.
