[Added 4-7-2008 ATM by Art. 26, approved 6-27-2008]
The purposes of the Affordable Housing Overlay
District are to create affordable housing opportunities in the Town
of North Reading; to provide for a diverse, balanced and inclusive
community, with housing for persons of all income levels as a matter
of basic fairness and social responsibility; to assure that affordable
housing is made available on an equal basis to all eligible households
without regard to race, religion, age, sex or other class status as
defined in the federal Fair Housing Act of 1968, as amended; to provide
a mechanism for parcels to be used for affordable or mixed-income
housing; and to assist the Town of North Reading in creating affordable
housing units eligible for the Chapter 40B Subsidized Housing Inventory.
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This bylaw applies to any property to be placed
within the Affordable Housing Overlay District and shall include the
following parcels that are listed below and are shown in the North
Reading Affordable Housing Overlay District Map on file in the Community
Planning Department.
|
|
Area
|
Map and Parcel
|
Street Name
|
Street No.
| |
|---|---|---|---|---|
|
9,418
|
08-020
|
Algonquin Rd
|
25
| |
|
6,484
|
08-030
|
Brooksdale Rd
|
22
| |
|
69,008
|
08-056
|
Old Andover Rd
|
23
| |
|
3,016
|
08-224
|
Edgewood Ter
|
13
| |
|
3,661
|
08-237
|
Homestead Ter
|
14
| |
|
4,621
|
08-238
|
Homestead Ter
|
16
| |
|
3,364
|
08-239
|
Homestead Ter
|
18
| |
|
13,562
|
08-240
|
Homestead Ter
|
20
| |
|
53,768
|
13-101
|
Saint Theresa St
|
7
| |
|
11,048
|
14-088
|
Patley Rd
|
9
| |
|
2,059
|
18-032
|
West St
|
6
| |
|
2,052
|
18-033
|
West St
|
8
| |
|
8,580
|
18-034
|
West St
|
10
| |
|
4,082
|
18-035
|
West St
|
14
| |
|
4,301
|
18-036
|
West St
|
16
| |
|
30,622
|
18-037
|
West St
|
18
| |
|
63,016
|
18-038
|
West St
|
19
| |
|
2,153
|
18-039
|
West St
|
13
| |
|
38,477
|
18-040
|
West St
|
5
| |
|
231,449
|
40-067
|
Haverhill St
|
57
| |
|
12,980
|
42-063
|
Bliss Rd
|
21
| |
|
17,255
|
43-031
|
Oakdale Rd
|
44
| |
|
3,590
|
43-032
|
Oakdale Rd
|
46
|
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Additional properties may be placed within the
Affordable Housing Overlay District by amendment to the Zoning Map
in accordance with the procedures set forth in M.G.L. c. 40A, Section
5 but only if the parcel, alone or in combination with one or more
contiguous parcels under common ownership, meets all of the following
requirements:
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The Affordable Housing Overlay District regulations
of this article apply in addition to the underlying zoning district
regulations. In case of conflict between the regulations of this article
and other regulations in this bylaw, the regulations of this article
shall control. Where no Affordable Housing Overlay District regulation
is stated in this article, the regulations of the underlying zoning
district and all other applicable provisions of this bylaw shall apply.
A.
Uses and structures in the Affordable Housing Overlay
District shall comply with the following requirements:
|
Minimum Lot Area
|
Minimum Lot Frontage
|
Minimum Yards
| ||||
|---|---|---|---|---|---|---|
|
Use
|
(square feet)
|
(feet)
|
Front
|
Side
|
Rear
| |
|
One-family detached dwelling
|
10,000
|
100
|
25
|
20
|
25
| |
|
Two-family dwelling
|
12,500
|
100
|
25
|
20
|
25
| |
|
One-family attached dwelling
|
20,000
|
125
|
25
|
25
|
40
| |
|
Multi-family dwelling (see Subsection B)
|
30,000
|
125
|
25
|
25
|
40
| |
|
Municipal building reuse (see Subsection C)
|
----
|
----
|
----
|
----
|
----
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|
Maximum
| |||||
|---|---|---|---|---|---|
|
Use
|
Height
(feet)
|
Height
(stories)
|
Building Area
(%)
|
Minimum Open Space
(%)
| |
|
One-family detached dwelling
|
35
|
2.5
|
20%
|
40%
| |
|
Two-family dwelling
|
35
|
2.5
|
25%
|
40%
| |
|
One-family attached dwelling
|
35
|
2.5
|
25%
|
40%
| |
|
Multi-family dwelling (see Subsection B)
|
35
|
2.5
|
30%
|
50%
| |
|
Municipal building reuse (see Subsection C)
|
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|
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|
---
|
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B.
In addition to the requirements under Subsection A above, for a one-family attached dwelling or a multi-family dwelling, maximum density shall be one unit per 5,000 square feet of lot area.
C.
For a municipal building reuse project, Subsection A shall apply except where modified by the following dimensional and density regulations:
(1)
The minimum front, side and rear yard setbacks shall be the lesser of a) the minimum setbacks in Subsection A or b) the setbacks of the existing building.
(2)
A municipal building may be altered or expanded
for reuse as multi-family housing, but in no event shall an expansion
project exceed 1.25 times the gross floor area of the existing building.
(3)
The minimum lot area per dwelling unit shall
be 5,000 square feet.
(4)
The maximum height shall not exceed the height
of the existing building, except that the Community Planning Commission
may grant a special permit for one additional story above the number
of stories in the existing building.
A.
An affordable housing unit shall be affordable to
a low- or moderate-income household, i.e., a household with income
at or below 80% of area median income (AMI), adjusted for household
size, for the metropolitan area that includes the Town of North Reading,
as determined by the United States Department of Housing and Urban
Development (HUD).
B.
Affordable units shall meet the requirements of the
Department of Housing and Community Development (DHCD) Local Initiative
Program (LIP) for inclusion on the Chapter 40B Subsidized Housing
Inventory.
C.
The minimum affordable housing requirement is as follows:
(1)
One-family detached dwelling: in a single-unit
development, the one-family dwelling shall be an affordable unit.
In a development of two dwellings, at least one dwelling shall be
an affordable unit. In a development of three or more dwellings, at
least one out of every three dwellings shall be an affordable unit.
(2)
Two-family dwelling: at least one unit shall
be an affordable unit.
(3)
One-family detached dwelling or multi-family
dwelling: at least one out of every three units shall be an affordable
unit.
(4)
At least 10% of the multi-family housing units
shall be affordable in accordance with this section. The maximum affordable
purchase price shall be determined in accordance with the Community
Planning Commission's Rules and Regulations and LIP Guidelines in
effect when the proponent applies for a building permit.
(5)
A development that includes more than five affordable
units shall provide a range of affordability, with units priced for
households between 65% and 80% of AMI.
(6)
If the requirements of this section result in
a fraction of a dwelling unit, the fraction shall be rounded to the
nearest whole number.
D.
Location of affordable units. The affordable units
shall be dispersed throughout the site or, in the case of one-family
attached or multi-family dwellings, throughout the floors and buildings,
such that affordable units are not concentrated on one part of the
site or in one building or floor. This requirement shall not apply
to a one-family detached dwelling.
E.
Comparable units. The affordable units shall be comparable
to market-rate units in exterior building materials and finishes;
overall construction quality; and energy efficiency, including mechanical
equipment and plumbing, insulation, windows, and heating and cooling
systems. The affordable units may differ from market-rate units in
gross floor area, provided the bedroom mix in the affordable units
is generally proportional to the bedroom mix in market-rate units.
F.
Marketing. For the affordable units, the selection
of eligible purchasers or renters shall be carried out under an affirmative
marketing plan approved by the Community Planning Administrator. The
affirmative marketing plan shall describe how the applicant will accommodate
local preference requirements, if any, established by the Town.
G.
No building permit shall be issued until a regulatory
agreement or other form of affordable housing restriction has been
recorded at the Registry of Deeds, executed by the applicant, the
Town and DHCD, where applicable, to restrict sale, rental and occupancy
of affordable housing units to low- or moderate-income households
and to provide for administration, monitoring and enforcement of the
agreement during the term of affordability. The regulatory agreement
shall run with the land in perpetuity or for the maximum period of
time allowed by law, and shall be enforceable under the provisions
of G.L. c. 184, Sections 26 or 31-32.
H.
The proponent shall be responsible for preparing and
complying with any documentation that may be required by DHCD to qualify
the affordable units for listing on the Chapter 40B Subsidized Housing
Inventory.
I.
The proponent shall be responsible for preparing a
monitoring and enforcement plan acceptable to the Planning Board and
providing the funds necessary for an independent monitoring agent
to carry out the approved plan on behalf of the Town.
J.
A certificate of occupancy for an affordable homeownership
unit shall not be issued until the proponent submits documentation
that an affordable housing deed rider previously approved by the Community
Planning Administrator has been executed by the proponent/seller and
the affordable unit homebuyer and recorded at the Registry of Deeds.
A.
The Community Planning Commission shall be the special
permit granting authority for uses in the Affordable Housing Overlay
District.
C.
The Commission's decision shall be based upon the criteria set forth in § 200-28 and the degree to which the proposed development:
(1)
Addresses the purposes of the Affordable Housing
Overlay District;
(2)
Accommodates the proposal without substantial
environmental damage due to wetland loss, habitat disturbance or damage
to valuable trees or other natural assets;
(3)
Is considerate of scenic views from public ways
and developed properties, given the proposed site arrangement and
building design;
(4)
Minimizes visibility of parking and service
areas from public streets through site arrangement, and provides appropriate
screening for such areas from abutting premises;
(5)
Maintains domestic scale in building design
through massing devices, such as breaks in wall and roof planes and
through the design of architectural features;
(6)
Provides for safe and convenient pedestrian
and vehicular movement to, from and within the site, arranged so as
not to disturb abutting properties; and
D.
Conditions: The Commission shall impose conditions
in its decision as necessary to ensure compliance with the purposes
of this bylaw. Approval of a project shall be conditioned to provide
that no further division of land which increases the number of lots
or units or results in any alteration of the area to be set aside
as open space may occur without a modification of the special permit.
A.
Mandatory requirements. Unless modified by special
permit from the Planning Board, the following design standards shall
apply to any new dwelling in the Affordable Housing Overlay District.
(1)
The front facade and main entrance of the dwelling
shall face the street and must be clearly articulated through the
use of architectural detailing.
(2)
Rooflines shall be pitched or gabled.
(3)
Except for a basement-level garage below grade
under a one-family detached dwelling, any garage, carport or other
accessory structure, attached or detached, shall be located at least
15 feet behind the front of the principal building facing the front
property line. The Community Planning Commission may grant a special
permit to waive this requirement when it is infeasible to comply due
to physical or other constraints on the lot, subject to the following:
B.
Design preferences (optional). The following design
standards should be addressed for any new dwelling in the Affordable
Housing Overlay District.
(1)
The front entrance of the dwelling facing the
street should be defined by at least one of the following: a porch
of at least eight feet in width and depth, pent roof, roof overhang,
hooded front door or similar architectural element.
(2)
A building should incorporate architectural
styles, building materials, and colors used in surrounding buildings
or that are compatible with the neighborhood.
(3)
A building greater than one story should clearly
delineate the boundary between each floor of the structure through
belt courses, cornice lines, or similar architectural detailing.
(4)
There should be overhanging eaves.
A.
The minimum required off-street parking shall be two
spaces per dwelling unit, except that for a studio or one-bedroom
unit, one parking space per unit shall be required; and for age-restricted
units, an average of 1.5 spaces per unit.
B.
The required parking spaces may be located in an accessory
garage, in a dedicated parking area on the lot, or stacked within
the driveway serving the development. When the parking spaces are
located outside, the area used for parking shall be graded and drained
so as to prevent surface water accumulation within the parking area
and to prevent surface water runoff to an adjoining property or the
public way.
C.
No off-street parking space shall be located within
the minimum front yard setback.
D.
There shall be a landscaped buffer of not less than
four feet between any driveway and the nearest side lot line, and
no paved surface areas and no off-street parking shall be permitted
within the buffer zone.
In the event that one or more of the provisions
of this article are determined to be illegal or unenforceable by a
court of competent jurisdiction, then the illegality or unenforceability
of any such provision shall not affect the validity of any other provision
of this article which remains in full force and effect.
