The purpose and intent of this article is to
provide adequate lot size, frontage, privacy, daylight, sunlight and
air in the Town; to secure safety; to prevent overcrowding of land;
to provide at least a minimum of useful outdoor space; and to establish
a minimum and a maximum relationship between lot and structure for
the purpose of retaining and preserving the amenities of the various
areas of the Town of Wakefield.
A.
Number of one- or two-family residential buildings
on a lot. Any one lot shall not contain more than one single-family
or two-family dwelling.
B.
Frontage requirements for all districts. Upon approval
of the Planning Board, the required frontage for lots on curved streets
where the radius of the arc at its degree of greatest curve is less
than 100 feet and lots on turning circles may be reduced by not more
than 50%, provided that the required lot width is attained at the
required minimum front setback line.
C.
Yard requirements for all districts. Where a side
or rear yard is adjacent to a street, the side or rear yard requirement
shall be the same as the distance specified for front yard setback
(unless specifically excepted herein).
(1)
No front yard shall be used for the open storage of boats, vehicles, travel trailers or any other equipment. In residential districts, parking of vehicles is prohibited in the front yard, except for automobiles parked in the driveway. A driveway in any residential district shall not serve more than one lot, except within an open space development as provided at § 190-93. Driveways shall not exceed a width of 20 feet in residential districts without a special permit from the Board of Appeals, and 60% of the front yard shall be maintained as open area, without parking. In business and industrial districts, parking is permitted in the front yard area, provided that a fifteen-foot landscaped strip is provided adjacent to the street right-of-way line.
[Amended 5-6-1996 ATM by Art. 34; 11-8-2004 RTM by Arts. 30 and 33]
(2)
An unenclosed first story porch with a roof area not
exceeding 50 square feet may extend into a required front yard by
not more than eight feet.
(3)
No building need provide a front yard in excess of
20% of the depth of the lot nor more than the average of the building
setback on either side (assuming a vacant lot to meet the district
requirement).
(4)
Business structures or uses shall not display goods
for sale purposes or display coin-operated vending machines of any
type in any location which would infringe upon the required yard areas
specified in this chapter.
(5)
An accessory building attached to a principal building
shall comply in all respects with the yard requirements of this chapter
for the principal building. An unattached accessory building serving
a one- or two-family dwelling may be located in a rear yard within
7.5 feet of a side or rear lot line.
(6)
No swimming pool over 24 inches in depth shall be
located within 30 feet of any street line or within a required side
yard area or within 7.5 feet of a rear lot line.
(7)
No structure intended for commercial agricultural
use, such as a greenhouse or a building, structure or pen for poultry
or other livestock, shall be less than 100 feet from any lot line.
If such structure is for a noncommercial use, then it shall be deemed
an accessory building and subject to the yard requirements applicable
thereto. No commercial farming establishment shall be allowed in an
area not zoned for agriculture unless the parcel is of five acres
or more, or unless the parcel is of two acres or more and the sale
of products produced by that farming establishment on the said parcel
annually generates at least $1,000 per acre based on gross sales dollars.
[Amended 11-18-2013 RTM by Art.
17]
(8)
Any residential dwelling in the Single Residence Zoning
District which was in existence prior to the adoption of the current
fifteen-foot side yard setback requirement and is situated so that
it is in violation of said setback may make alterations, repairs,
additions or the like which encroach into the fifteen-foot side yard
setback, provided that such alterations, repairs, additions or the
like do not encroach any closer to the side lot line than that of
the existing dwelling.
[Added 6-7-1990 ATM by Art. 41]
D.
Minimum open area requirements. See § 190-4 for the definition of "open area." Requirements are shown in Table 2.[1]
[1]
Editor's Note: The Table of Dimensional Regulations (Table 2) is included as an attachment to this chapter.
E.
Exemptions to maximum height regulations. See § 190-4 for the definition of "height of building."
F.
Traffic visibility at driveways and corners. A fence,
hedge, wall, sign or other structure or vegetation may be maintained
on any lot, provided that in the front yard area no such structure
or vegetation shall be over 2 1/2 feet in height above the adjacent
ground within five feet of the front lot line unless it can be shown
that such vegetation or structure will not restrict visibility in
such a way as to hinder the safe entry or exit of a vehicle from any
driveway to the street or restrict visibility at a corner of two streets.
G.
Screening and buffer strips in industrial, business,
and multiple residence districts.
(1)
Screening and buffer strips containing no buildings,
parking areas or accessory uses shall be required in any industrial,
business or multiple residence district which abuts a residential
district. The minimum width of this strip shall be 15 feet, of which
10 feet shall not be paved.
(2)
The strip shall contain a screen of plantings of vertical
habit not less than three feet in width and four feet in height at
the time of occupancy of such lot and shall grow to a minimum of four
feet in width and five feet in height at maturity. Individual shrubs
or trees shall be planted not more than 10 feet on center and shall
thereafter be maintained by the owner or occupants so as to maintain
a dense screen year round. At least 50% of the plantings shall consist
of evergreens. A solid wall or fence, five feet in height, complemented
by suitable plantings, may be substituted for such landscaped screen
planting. No screen shall be closer than five feet to a public or
private street right-of-way line.
H.
Setback from open stream. In no case shall any building
or structure be permitted within 50 feet of the embankment of any
open stream, as defined by the Conservation Commission using the applicable
Massachusetts Department of Environmental Quality Engineering standards.
J.
All lots in residential districts only shall have
upland area equal to at least 75% of the required lot area.
[Added 4-5-1999 ATM by Art. 25]
K.
No residential lot shall be substantially irregular
in shape. For purposes of this provision, "substantially irregular"
is defined as having a coefficient of regularity lower than 0.65 as
determined by the formula:
|
r
|
=
|
16 A
| |
|
p2
|
|
Where:
| |||
|
r
|
=
|
coefficient of regularity,
| |
|
A
|
=
|
area of the lot in square feet,
| |
|
p
|
=
|
perimeter of the lot in linear feet.
| |
|
Upon approval of the Planning Board, the requirements
of this section may be waived for any lot that can contain an inscribed
shape meeting the requirements of minimum lot area and coefficient
of regularity and when, in the opinion of the Planning Board, the
lot satisfies the purpose of this section.
[Added 4-5-1999 ATM by Art. 26] | |||
L.
The Board of Appeals may allow reductions and/or increases to the
floor area ratio (FAR), maximum building coverage, minimum open area
and front yard setback requirements of Table 2 (Table of Dimensional
Regulations) of the Zoning Bylaw, Town of Wakefield, for a bank building
by special permit in the Business District. Any such reductions and/or
increases shall be supported by evidence of lack of suitable land
or design considerations or other similar factors. The Board of Appeals
must also find that the granting of said special permit will not adversely
affect the health, safety, convenience, character or welfare of the
neighborhood or the Town.
[Added 11-7-2020 ATM
by Art. 6]
[Amended 11-15-2001 RTM
by Art. 15; 11-8-2004 RTM by Arts.
33 and 34; 11-19-2015 RTM by Art.
12]
It is the intent of this section to encourage the development
(in appropriate locations) of attractive, functional multifamily dwellings
and mixed-use projects that create street-level, sidewalk activity
that responds to the social and economic characteristics and needs
of the present and future Wakefield. Mixed-use developments, including
said dwellings in combination with other uses such as retail, outdoor
and indoor dining, day care, educational and office uses that attract
pedestrian activity and create walkable neighborhoods are desirable.
A.
Where housing, whether mid-rise apartments, garden apartments, attached dwellings, or combinations of same are allowed by special permit, as provided in § 190-23, Table of Use Regulations, the Zoning Board of Appeals shall be the special permit granting authority.
(1)
Mid-rise apartments, garden apartments, attached dwellings, or combinations of same may be combined with other uses, whether permitted by-right or by special permit within the zoning district, as provided in § 190-23, Table of Use Regulations, in a single building or group of buildings; however, the Zoning Board of Appeals shall determine whether the proposed combination of uses will or will not be detrimental to the project proposed or to the neighborhood. The Zoning Board of Appeals may deny or condition a § 190-32 special permit to protect the economic health and livability of the street and neighborhood where the proposed project is located.
B.
Minimum lot size and density.
(1)
The minimum lot size for a housing or mixed use project under this
section is 4,000 square feet.
(2)
Where housing, whether mid-rise apartments, garden apartments, attached
dwellings, or combinations of same are proposed within walking distance
of commuter rail stations (measured as a 2,500 foot radius from the
commuter rail station's boarding area to the nearest lot line of the
development parcel) a minimum of 750 square feet of lot area per unit
is required. Otherwise a minimum of 1,200 square feet of lot area
per unit is required.
C.
Parking areas and open space for multifamily dwellings.
(1)
No open parking or driveway shall be closer than 12
feet to a wall containing windows to habitable rooms of a dwelling
unit which is on the ground floor or basement floor. This shall not
apply, however, to the following: (i) to an individual driveway exclusively
serving a single unit and/or dwelling or (ii) underground or structured
parking.
D.
Summary of dimensional regulations for multifamily
dwellings. The minimum dimensional controls for multifamily dwelling
shall be as follows (minimum requirements in feet unless otherwise
indicated):
|
Mid-Rise Apartment Complex
|
Garden Apartment or Attached Dwelling
Complex
|
Individual Attached Dwellings
| |||
|---|---|---|---|---|---|
|
Lot coverage (maximum)
|
35%
|
35%
|
40%1
| ||
|
Open area
|
30%
|
30%
|
20%1
| ||
|
Lot frontage
|
180
|
150
|
18
| ||
|
Lot width
|
180
|
150
|
18
| ||
|
Height
| |||||
|
Feet
|
50
|
35
|
30
| ||
|
Stories
|
5
|
3
|
2.5
| ||
|
Yards
| |||||
|
Front
|
302
|
302
|
20
| ||
|
Side
|
302
|
302
|
None
| ||
|
Rear
|
302
|
302
|
20
| ||
|
Minimum number of attached units in a row
|
--
|
--
|
3
| ||
|
Distance between unattached buildings
|
503
|
503
|
--
| ||
|
Maximum number of attached units in a row
|
--
|
--
|
8
| ||
|
NOTES:
| |
|---|---|
|
1Percent of exclusive use zone [see Subsection F(4)].
| |
|
2Or height of building,
whichever is greater.
| |
|
3Or height of taller
building, whichever is greater.
|
E.
Parking and loading. The minimum parking and loading requirements shall be as specified in Article VII of this chapter.
F.
Additional requirements.
[Amended 11-15-2001 RTM by Art. 15]
(1)
There shall be a paved driveway or paved walk adequate
to accommodate emergency vehicles within 50 feet of the outside entrance
of each dwelling structure.
(2)
Deleted.
(3)
Individual attached dwellings may be sold as condominium
units only and may not be sold as row houses with their own individual
lots. Nothing in this subsection is meant to restrict the allocation
of outdoor space adjacent to dwelling units for the exclusive use
of the occupants of specific dwelling units.
(4)
In attached dwelling developments, exclusive use zones
for the exclusive use of occupants or individual dwelling units shall
be shown on the site plan. The ground floor area of the dwelling units
shall be shown on the site plan. The ground floor area of the dwelling
unit plus the outdoor space allocated for the exclusive use of the
dwelling unit shall make up the exclusive use zone. The ground floor
of the building shall not occupy more than 40% of the exclusive use
zone, and 20% of the exclusive use zone shall be outdoor open area
not devoted to driveways or parking areas.
(5)
No required parking areas for multifamily or attached
dwellings shall be placed in the required front yard area of a multifamily
or attached dwelling complex, except short-term or visitor parking,
which shall not cover more than 40% of such area. This shall not apply,
however, to a parking area in the form of a driveway exclusively serving
a single unit and/or dwelling.
(6)
The intent of this Subsection (6) is to increase the supply of housing in the Town of Wakefield that is permanently available to and affordable by low and moderate income households and to encourage a greater diversity of housing accommodations to meet the needs of families and other Wakefield residents; and developing and maintaining a satisfactory proportion of the Town's housing stock as affordable dwelling units. To that end, the Special Permit Granting Authority at the time of the granting of the special permit pursuant to § 190-32 shall require the applicant to provide affordable dwelling units equal in number to 18% of the total number of dwelling units provided on the sites which is the subject of the § 190-32 application. Affordable dwelling units shall be defined as dwelling units which count toward the Town of Wakefield's Massachusetts General Laws, Chapter 40B Subsidized Housing Inventory as the same may be amended from time to time. When the percentage calculation does not result in a whole number it shall be rounded to the nearest whole number, but not less than one. Thus if so required by the Special Permit Granting Authority,
[Amended 4-5-2004 ATM by Art. 13; 11-7-2005 RTM by Art. 9[1]]
(a)
The applicant shall submit to the Special Permit
Granting Authority, a use restriction or regulatory agreement that
establishes an affordability restriction for the maximum period allowed
by law for the designated affordable dwelling units. The applicant
shall provide, when requested by the SPGA, (1) a copy of the application
for a Local Initiative Project or similar program, acceptable to the
SPGA, that allows the units be added to the Town's subsidized housing
inventory under Massachusetts General Laws, Chapter 40B, as amended
from time to time; (2) a complete draft regulatory agreement; and
(3) a letter stating the site has been preliminarily approved by the
Department of Housing and Community Development or successor agency.
This is in order to ensure the long-term affordability of the designated
affordable dwelling units. The applicant shall submit proof to the
Special Permit Granting Authority that the use restriction or regulatory
agreement was recorded at the Registry of Deeds prior to obtaining
any building permit for the project;
(b)
The use restriction or regulatory agreement
selected by the applicant shall be subject to the approval of the
Special Permit Granting Authority using the Department of Housing
and Community Development Guidelines. The use restriction or regulatory
agreement shall include a right of first refusal upon the transfer
of such restricted units for the Town of Wakefield;
(c)
The affordable dwelling units shall be integrated
into the overall development or building in which they are situated
so as to prevent the physical segregation of such units and their
exterior appearance shall be designed to be indistinguishable from
the market rate units in the same development or building;
(d)
At the time of application, the applicant shall
identify the floor areas of all units. The affordable dwelling units
shall have the same number of bedrooms as the non-affordable dwelling
units on a proportionate or pro-rata basis or they may have a smaller
number of bedrooms if agreed to by the Special Permit Granting Authority.
(e)
With the approval of the Special Permit Granting Authority, this affordable dwelling unit requirement may be met by placing some or all of the required affordable dwelling units on an alternative site or sites suitable for housing as solely determined by the Special Permit Granting Authority. Existing offsite units that are converted to affordable dwelling units shall not be counted in the total number of units for the purpose of determining the required number of affordable dwelling units. However, new offsite housing units created to satisfy the requirement for affordable dwelling units under this section, shall be considered part of the total number of units for the purpose of determining the total required number of affordable dwelling units. Offsite affordable dwelling units may be located in an existing structure, but, they must be units which are not already counted in the Town of Wakefield's Massachusetts General Laws, Chapter 40B Subsidized Housing Inventory, as amended, at the time of the application. Offsite affordable dwelling units provided through this provision shall comply, in all respects other than onsite location, with the requirements of this Subsection (6).
(f)
The following requirement shall be a condition
of special permits which require affordable dwelling units in order
to prevent disproportionate number non-affordable dwelling units being
occupied prior to the completion and occupancy of affordable dwelling
units:
|
(i)
|
No market rate units exceeding 25% of the total
shall be occupied unless 25% of the affordable dwelling units have
been completed and occupancy permits issued therefor.
| |
|
(ii)
|
No market rate units exceeding 50% of the total
shall be occupied unless 50% of the affordable dwelling units have
been completed and occupancy permits issued therefor.
| |
|
(iii)
|
No market rate units exceeding 75% of the total
shall be occupied unless 75% of the affordable dwelling units have
been completed and occupancy permits issued therefor.
| |
|
(iv)
|
No market rate units exceeding 95% of the total
shall be occupied unless 100% of the affordable dwelling units have
been completed and occupancy permits issued therefor.
|
[1]
Editor's Note: This article also provided
that it shall not apply to any special permit decision signed by the
Wakefield Planning Board prior to this Town Meeting Vote.
G.
Conversions to apartments.
[Amended 5-3-2010 ATM by Art. 30]
(1)
A single-family dwelling in the Single Residence District
may be converted, within the existing building’s footprint and
volume, to a two-family dwelling, provided that the dwelling contains
nine or more rooms, was originally constructed prior to 1935 and is
located on a lot of 12,000 square feet or more. In the Single Residence
District, a special permit shall be required from the Board of Appeals.
[Amended 5-23-1994 ATM by Art. 39]
(2)
A single- or two-family dwelling in the General Residence
District or Business District may be converted, within the existing
building’s footprint and volume, to a three- or four-family
dwelling, provided that:
(a)
The dwelling is located on a lot of 13,000 square
feet or more.
(b)
There shall be a minimum lot area of 3,500 square
feet for each dwelling unit provided.
(c)
There shall be a minimum floor area of 650 square
feet for each dwelling unit provided.
(d)
A special permit shall be obtained from the
Board of Appeals. Conversions in the Business District shall be granted
only if the Board of Appeals determines that the proposed residential
use will not be detrimental to the economic health of the Business
District and that the proposed location is a suitable residential
environment.
(e)
The conversion shall meet all building codes,
fire, safety and health regulations and other sections of this chapter.
[Added 11-15-2001 RTM by Art. 16]
A.
The Special Permit Granting Authority, as provided in § 190-32, may allow reductions and/or alterations in the dimensional controls for multifamily dwellings as required under § 190-32D and Table 2 (Table of Dimensional Regulations) of the Zoning Bylaw by special permit, according to procedure contained in Article VIII, and if it deems the reductions will enhance the multifamily project as a whole or allow it to benefit the neighborhood in which it is situated or the Town of Wakefield as a whole.
B.
The Special Permit Granting Authority, as provided in § 190-32, may reduce the requirements of § 190-32F(3) by special permit, according to procedure contained in Article VIII, and if it deems the common open space is adequate to accommodate all of the units and/or dwellings.
[Amended 4-13-2000 ATM by Art. 26]
A.
The dimensional regulations set forth in this article
applicable to every lot of land in the Municipal District shall be
the same as the dimensional regulations applicable to the zoning district
surrounding such lot of land as set forth in Table 2, the Table of
Dimensional Regulations;[1] except that in the case of a lot of land in the Municipal
District which is adjacent to two or more zoning districts, the dimensional
regulations applicable to such lot of land shall be the same as the
dimensional regulations applicable to the least-restrictive such adjacent
zoning district.
[1]
Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.
[Added 11-12-1996 STM by Art. 15]
No lot on which any building is located shall
be divided or subdivided in such a way that the original front yard
of such existing building shall face the rear yard, as defined by
this chapter, of any proposed lot or lots.
