Town of Wakefield, MA Residential Development

[Added 11-8-2004 RTM by Art. 30]

Applicability. Applicants for a residential development may choose to seek approval of an open space development (OSD) special permit and to be governed by these requirements and conditions set forth in an open space development (OSD) special permit decision granted by the special permit granting authority, provided that the type of open space development that is sought is allowed at the location under §190-23 Table of Use Regulations.

[Amended 11-19-2015 RTM by Art. 11]

Open space development purpose and intent.

(1)

The primary purposes for open space development provisions are the following:

(a)

To allow for flexibility and creativity in the design of residential developments;

(b)

To promote housing affordable to households as diverse as those which have traditionally resided in Wakefield.

(c)

To encourage the permanent preservation of open space, agricultural land, forestry land, wildlife habitat, other natural resources including aquifers, water bodies and wetlands, and historical and archeological resources in a manner that is consistent with the Wakefield Comprehensive Plan;

(d)

To encourage a less sprawling and more efficient form of development that consumes less open land and conforms to existing topography and natural features better than commonly occurs with a conventional or grid subdivision;

(e)

To minimize the total amount of disturbance on the site;

(f)

To further the goals and policies of the Wakefield comprehensive and open space plans;

(g)

To facilitate the construction and maintenance of housing, streets, utilities, and public service in an economic and efficient manner.

(2)

The secondary purposes for open space development are the following:

(a)

To preserve and enhance the community character;

(b)

To preserve and protect agriculturally significant land;

(c)

To protect the value of real property;

(d)

To protect community water supplies;

(e)

To provide for a diversified housing stock;

Preapplication for open space development (OSD).

(1)

Conference. Applicants for open space development are very strongly encouraged to request a preapplication review at a regular business meeting of the Planning Board. If one is requested, the Planning Board shall invite the Conservation Commission, Board of Health, and any other interested Town agencies or officials to attend. The purpose of a preapplication review is to minimize the applicant's costs of engineering and other technical experts, and to commence dialogue with the Planning Board at the earliest possible stage in the development. At the preapplication review, the applicant may outline the proposed concept plan and an alternative to it, if prepared, seeking preliminary feedback from the Planning Board and/or its technical experts, and setting a timetable for submittal of a formal application. At the request of the applicant, and at the expense of the applicant, the Planning Board may engage technical experts to review the informal plans of the applicant and to facilitate the applicant's submittal of a formal application for an open space development special permit.

(2)

The Planning Board shall adopt rules and regulations relative to the size, form, number and contents of the plans to be submitted for a preapplication review.

Procedures.

(1)

Application. An application for a special permit under § 190-93 shall include a yield plan and one or two concept plans (see below). The Planning Board shall adopt rules and regulations relative to the size, form, number and contents of those plans.

(2)

Yield plan. The basic maximum number of dwelling units to be allowed shall be derived from a yield plan. The yield plan shall show the maximum number of dwelling units that could feasibly be placed upon the site under a subdivision in compliance with the normally applicable use, dimensional, and other requirements, without the provisions of § 190-93F, Reduction in dimensional requirements, or § 190-93G, Open space requirements. The yield plan shall contain the same information as required for a concept plan as set forth below. The proponent shall have the burden of proof with regard to the basic maximum number of dwelling units resulting from the design and engineering specifications shown on the yield plan.

(3)

Concept plan.

(a)

The concept plan shall be prepared by a registered landscape architect or by a multidisciplinary team of which one member must be a registered landscape architect. The concept plan shall address the general features of the land, give approximate configurations of the buildings, lots, open space, and roadways, and shall include the information listed under § 320-9C of the Subdivision Rules and Regulations of the Wakefield Planning Board. In addition, it is strongly recommended that in order to avoid costly later alterations, the concept plan should also indicate wetlands. The concept plan shall have been developed using the design process outlined in § 190-93E below, and the design standards outlined in § 190-93H below.

[Amended 11-19-2015 RTM by Art. 11]

(b)

An "OSD concept plan" is one intended to comply with the provisions of § 190-93F, Reduction in dimensional requirements, and § 190-93G, Open space requirements. A "basic concept plan" is one not intended to do so. All provisions of § 190-93D other than § 190-93F, Reduction in dimensional requirements, and § 190-93G, Open space requirements, shall apply to the basic concept plan. An applicant proposing to develop based on a basic concept plan must also submit an OSD concept plan as a basis for comparison. A basic concept plan may serve as the required yield plan.

(4)

Relationship between the special permit plan and other plan requirements.

(a)

Review of a submittal for either a preliminary or definitive plan approval under the Subdivision Control Law can normally take place concurrent with the § 190-93 special permit process, and approval may be granted concurrent with special permit approval.

(b)

Neither the concept plan nor development on lots created consistent with an approved § 190-93 special permit require site plan review under § 190-46, Site plan review.

(c)

No development pursuant to an approved § 190-93 special permit shall take place prior to Planning Board approval of the related definitive subdivision plan or endorsement of a land division plan not requiring such approval. Any § 190-93 special permit issued by the Planning Board shall specifically state that any subsequent plan based upon it and submitted for approval or endorsement under the Subdivision Control Law shall substantially comply with the concept plan as approved or approved with conditions.

(d)

Any subsequent plan for the premises or portion thereof will be considered not to substantially comply with the § 190-93 special permit if the Planning Board determines that any of the following departures from that permit and its conditions exist, unless in its written determination the Planning Board 1) identifies where the plan substantially departs from the § 190-93 special permit; and 2) conditions that determination of compliance on conforming amendments to the § 190-93 special permit being applied for within a specific time period and subsequently approved by the Planning Board:

[1]

An increase in the number of building lots or dwelling units;

[2]

A significant decrease in the open space acreage;

[3]

A significant change in the lot layout;

[4]

A significant change in the general development pattern which adversely affects natural landscape features and open space preservation;

[5]

Significant changes to the general stormwater management approach; and/or

[6]

Significant changes in the methods for wastewater management.

(e)

A public hearing on an application to amend the § 190-93 special permit pursuant to such a conditional determination may, at the applicant's request, be limited to the significant departures identified by the Planning Board in its determination cited at § 190-93D(4)(d), in which case those identified departures are the only considerations that the Planning Board may take into account in deciding whether to amend the § 190-93 special permit.

(5)

General procedures. Procedural matters including fees and distribution of application materials shall be as provided in § 190-73, Fees.

(6)

Site visit. Whether or not conducted during the preapplication stage, the Planning Board may conduct a site visit during the public hearing, At the site visit, the Planning Board and/or its agents shall be accompanied by the applicant and/or its agents.

(7)

Other information. The submittals and permits of this section shall be in addition to any other requirements of the Subdivision Control Law or any other provisions of this Zoning Bylaw. To the extent permitted by law, the Planning Board shall coordinate the public hearing required for any application for a § 190-93 special permit with its action on a preliminary subdivision plan or the public hearing required for approval of a definitive subdivision plan.

Six-step design process. At the time of the application for a § 190-93 special permit, applicants are required to demonstrate to the Planning Board that the following design process was performed with participation by a registered landscape architect and was considered in determining the layout of proposed streets, dwellings, lots and open space.

[Amended 11-19-2015 RTM by Art. 11]

(1)

Step one: Identifying conservation areas. Identify preservation land by two steps. First, primary conservation areas (such as wetlands, riverfront areas, and floodplains regulated by state or federal law) and secondary conservation areas (including unprotected elements of the natural landscape such as steep slopes, mature woodlands, prime farmland, meadows, wildlife habitats and cultural features such as historic and archeological sites and scenic views) shall be identified and delineated. Second, the potentially developable area shall be identified and delineated. To the maximum extent feasible, the potentially developable area shall consist of land outside identified primary and secondary conservation areas.

(2)

Step two: Siting dwellings. Locate the approximate sites of individual dwelling structures within the potentially developable area and include the delineation of private yards and shared amenities, so as to reflect an integrated community, with emphasis on consistency with the Town's historical development patterns. The number of units enjoying the amenities of the development should be maximized.

(3)

Step three: Aligning the streets and walks. Align streets in order to access the dwellings. Additionally, new walks or trails should be laid out where appropriate to create internal and external connections to existing and/or potential future streets, sidewalks, and trails.

(4)

Step four: Lot lines. Draw in the lot lines.

(5)

Step five: Applicants shall provide building plans, landscape plans showing fences and walls, plantings, and existing and proposed trees, and provide sample building materials and color samples. The Planning Board may request models and renderings, rendered elevations of all buildings and site amenities. At the time final lot lines are proposed, the applicant shall submit draft covenants for drainage maintenance, open space preservation and maintenance, and any other covenants and easements that may be proposed. Subsequently, the applicant may submit a draft Planning Board decision with conditions to implement the project as proposed.

(6)

Step six: Prior to cutting trees on the site, blasting, grading, or changing ground elevations and prior to submitting plans for any building/construction permits, including foundations and installation of drainage or utilities, the applicant shall submit all permit plans to the Planning Board for review and approval. Such prior approval by the Planning Board shall be documented on every individual permit plan set submitted to the Inspectional Services Department and/or Department of Public Works. For verification, the Planning Board shall designate a subcommittee to review and approve plans submitted for permits. Subsequent to obtaining any permits, the Planning Board may, at the applicant's expense, retain a professional third-party monitoring agent to verify the project is constructed as approved.

Reduction of dimensional requirements. Lot area, lot frontage and width, and yard setback requirements of Table 2, Table of Dimensional Regulations (including footnotes 1 through 11) and the provisions of § 190-31, General regulations, Subsections A, B, C, D and K shall not apply to individual lots within a development authorized under a § 190-93 special permit as long as the resulting number of dwelling units within the development does not exceed the basic maximum determined by the yield plan, provided that the Planning Board has approved the proposed dimensional provisions, subject to the following limitations:

(1)

Lots having primary frontage on a street other than a street created by the development shall not have reduced frontage unless the Planning Board determines that doing so improves consistency of building spacing and bulk with the character of the existing vicinity.

(2)

At least 50% of the required frontage and yard setbacks for the district shall be maintained in the development unless a further reduction is authorized by the Planning Board reflecting special circumstances.

(3)

Maximum building coverage and minimum open space requirements shall apply only in the aggregate to the total development, not to individual lots.

(4)

The distance between buildings required in Table 2, Table of Dimensional Regulations, shall apply only in relation to separation between buildings, one of which is within the development and the other is located outside of it.

(5)

Maximum number of stories and maximum height in feet shall be as provided in Table 2, Table of Dimensional Regulations.

Open space requirements. The following open space minimum requirements must be met when filing a basic concept plan as provided under § 190-93J. The applicant may propose and be bound by greater standards. A minimum of 10% of the land contained within the development parcel shall be identified as usable open space land (see Definitions and word usage, § 190-4) and a minimum of 15% of the land contained within the development parcel shall be identified as open space land (see Definitions and word usage, § 190-4); therefore, a minimum of 25% of the development parcel will be classified as open space. The applicant shall provide a concept plan and subsequent definitive subdivision plan that identifies both the open space land and usable open space land as separate nonbuildable lots. The definitive subdivision plans for the development shall include easements and rights of access to enter and maintain said open space land and usable open space land parcels. The applicant shall prepare and record restrictive covenants and/or easements enforceable by the Town, a homeowners' association of the development, or a subsequent individual lot-owner within the development. Said restrictive covenants and/or easements shall:

[Amended 11-19-2015 RTM by Art. 11]

(1)

be in a form satisfactory to the Planning Board;

(2)

Provide that such land shall be perpetually kept in an open state;

(3)

Specify whether public access is contemplated, the manner of such access, and control thereof;

(4)

Provide the manner that the parcels shall be maintained and the funding for such care;

(5)

Provide monitoring as to whether the open space parcels are being preserved for purposes set forth herein; and

(6)

Provide default provisions should the covenant fail to accomplish its intended purposes.

Design standards. The following generic and site specific design standards shall apply to all developments authorized under § 190-93 special permits and shall govern the development and design process:

(1)

Generic design standards.

(a)

The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas. The orientation of individual building sites shall be such as to maintain existing natural topography and cover. Topography, tree cover, and natural drainageways shall be treated as fixed determinants of road, dwelling and lot configuration rather than as malleable elements that can be changed to follow a preferred development scheme.

(b)

Streets shall be designed and located in such a manner as to maintain and preserve natural topography, significant landmarks, and trees; to minimize cut and fill; and to preserve and enhance views and vistas on or off the subject parcel.

(c)

Development shall be related harmoniously to the terrain and the use, scale, and architecture of existing buildings in the vicinity that have functional or visual relationship to the proposed buildings. Proposed buildings shall be related to their surroundings.

(d)

The removal or disruption of historic, traditional or significant uses, structures, or architectural elements shall be minimized insofar as practicable, whether these exist on the site or on adjacent properties.

(2)

Site specific design standards.

(a)

Setbacks, building orientation and alignment, preservation of site features, public spaces, streetscape, street layout, and driveways and parking shall be in substantial conformance with "6.0 Design Guidelines" in the housing component of the Wakefield Master Plan, May 20, 2003.

(b)

Parking. Parking shall be provided as required at § 190-37. Parking spaces in front of garages may count in this computation. All parking areas with more than three spaces shall be screened from view. Garage doors shall not be oriented to the street unless set back at least 10 feet behind the dwelling's front building line.

(c)

Buffer areas. A buffer area of not less than 20 feet shall be provided around identified resource areas on or adjacent to the tract, such as ponds, wetlands, streams and riverfront areas, rock outcrops, ledge, agricultural or recreational fields, and land held for conservation purposes. Driveways necessary for access and egress to and from the tract may cross such buffer areas. No vegetation in this buffer area shall be disturbed, destroyed or removed, except for normal maintenance of structures and landscapes approved as part of the project. The Planning Board may waive the buffer requirement in these locations when it determines that a smaller buffer (or no buffer) will suffice to accomplish the objectives set forth herein.

(d)

Drainage. Open (nonstructural) stormwater management techniques (such as swales) and other drainage techniques that reduce impervious surface and enable infiltration should be used wherever appropriate. All structural surface stormwater management facilities shall be landscaped in accordance with a conceptual landscape plan.

(e)

Common/shared driveways. Common or shared driveways are allowed in compliance with § 190-37I.

(f)

On-site pedestrian and bicycle circulation. Walkways and bicycle paths shall be provided to link residences with parking areas, recreation facilities (including parkland and open space) and adjacent land uses where appropriate.

(g)

Disturbed areas. At least 40% of the total tract area shall be retained essentially in its natural vegetated state.

Attached Dwelling Overlay District.

[Amended 11-8-2004 RTM by Art. 31]

(1)

Within an Attached Dwelling Overlay District all provisions of the underlying districts shall continue to apply, except that attached dwellings are allowed subject to the above provisions of § 190-93 and to the following, but are not subject to the provisions of § 190-32, Multifamily dwellings.

(2)

The intention of these provisions is for development character to be consistent with that of the neighborhood context as well as with the "6.0 Design Guidelines" in the housing component of the Wakefield Master Plan, May 20, 2003. At least five of the following means of achieving that must be met.

(a)

Setbacks and building alignment should be reflective of that existing in the vicinity.

(b)

Individual attached units should be distinguished from each other through building massing, such as through differences in facade setback, roof height, major unit or roof gable orientation, without reliance on surface decoration or trim to distinguish them.

(c)

Open space should be used to create positive spaces, such as courtyards, rather than simply being peripheral "leftovers."

(d)

No more than six dwelling units should be attached together in a single structure.

(e)

The scale of parking areas should be kept small through having no more than eight parking spaces within any parking area not separated from others by intensive landscaping and, if containing more than two spaces, being located somewhere other than within a front yard area.

(f)

Garage doors should not be oriented to any existing street.

(g)

Existing vegetation and other site features should be retained to the extent reasonably feasible.

(h)

New plantings should be reflective of those common in the vicinity with regard to species, scale, and location, such as use to articulate the street line.

(3)

Affordability requirement. All open space developments that potentially create six or more housing units shall be subject to the affordability requirements of § 190-96.

(4)

Increases in permissible density. The Planning Board may approve an open space development containing more than the basic maximum number of dwelling units as determined under § 190-93D(2), Yield plan, upon the Board's determination that the proposed development, through the quality of its site selection, programming, and design, displays exceptional sensitivity to the objectives of this section. The increase over the basic maximum number of dwelling units otherwise allowed shall normally be equal to the following. However, in no event shall the number of "bonus" units allowed exceed 50% of the basic maximum number. Calculations of each individual bonus shall be rounded to the next lower number.

(a)

Open space. A bonus of 1/2% (0.5%) of the basic maximum number shall be awarded for each additional percent of the site over and above 40% that is set aside as open space, to a bonus limit of 10% of the basic maximum number.

(b)

Housing design guidelines. Where the Planning Board determines that the development goes beyond simply meeting five of the criteria in § 109-93I(2) in achieving consistency with "6.0 Design Guidelines" in the housing component of the Wakefield Master Plan, May 20, 2003, a bonus of up to 10% of the basic maximum number may be awarded.

(c)

Affordability. Dwelling units permanently restricted to occupancy by persons, families or households who qualify as low or moderate income, as those terms are defined for the area by the Commonwealth's Department of Housing and Community Development, may be added as a density bonus, up to a bonus limit of 1/3 of the basic maximum number.

(d)

Small lot/small house restriction. One-half dwelling unit may be added as a density bonus for each lot permanently restricted to development of a single-family dwelling with building coverage not to exceed the average existing on all developed lots abutting the development or, if smaller, 25%, and with building height in stories not to exceed the average of existing dwellings on developed lots abutting the development or, if smaller, two stories.

Decision of the Planning Board.

[Amended 11-19-2015 RTM by Art. 11]

(1)

The Planning Board may approve or approve with conditions a special permit for an open space development (OSD) if it determines that the proposal will meet the requirements of the bylaw and will meet the guidance of § 190-93B open space development purpose and intent, better than would well-designed development under a basic concept plan, if one has been submitted, or better than would development without reliance upon § 190-93F Reduction of dimensional requirements and § 190-93G Open space requirements, if no basic concept plan has been submitted.

(2)

In the event of disapproval of a § 190-93 special permit or in the event that an appeal of the Planning Board's action on a § 190-93 special permit is filed under § 17 of Chapter 40A, MGL, by any party other than the petitioner, a development plan for the same premises prepared without reliance upon § 190-93F Reduction of dimensional requirements and § 190-93G, Open space requirements may be submitted under the Subdivision Control Law.

§ 190-94 Mixed use development.

[Added 11-8-2004 RTM by Art. 33]

Applicability and intent. The intent of § 190-94, Mixed use development, is to provide for compact development of a mix of business and residential uses under careful provisions for design, open space, and parking accommodation to assure compatibility with the existing context. As provided in § 190-23, Table of Use Regulations, these provisions apply only within Mixed Use Overlay Districts. Within a Mixed Use Overlay District all provisions of the underlying districts shall continue to apply, except that developments under special permit granted under § 190-94, Mixed use development, are allowed, subject to the following, and are not subject to the provisions of § 190-32, Multifamily dwellings, except as provided herein.

Procedures.

(1)

The special permit granting authority for mixed use development under these provisions shall be the Planning Board, regardless of dwelling type or height, provisions of § 190-32A notwithstanding. In order to grant a special permit for a mixed use development, the Planning Board must find that the developer has met all of the general requirements for a special permit set forth in Article VII and, in addition, that each of the following requirements has been satisfied. The Planning Board shall adopt and revise from time to time rules and regulations relative to the size, form, number and contents of submittals required in seeking such special permit.

(2)

Preapplication meeting. Applicants for mixed use development are very strongly encouraged to request a preapplication review at a regular business meeting of the Planning Board. If one is requested, the Planning Board shall invite the Conservation Commission, Board of Health, and any other interested Town agencies or officials to attend. The purpose of a preapplication review is to minimize the applicant's costs of engineering and other technical experts and to commence dialogue with the Planning Board at the earliest possible stage in the development. At the preapplication review, the applicant may outline the proposed mixed use plan, seeking preliminary feedback from the Planning Board and/or its technical experts and setting a timetable for submittal of a formal application. At the request of the applicant, and at the expense of the applicant, the Planning Board may engage technical experts to review the informal plans of the applicant and to facilitate submittal of a formal application for an open space development special permit.

(3)

All applications for a special permit for mixed use development shall be accompanied by the following:

(a)

Residential uses proposed: tabulation of the number of dwelling units proposed, categorized by building type (multifamily, attached single-family, etc.), bedroom type (studio, one-bedroom, etc.), floor area in each type of dwelling unit, and sales or rental level, including affordability provisions.

(b)

Open space proposed: tabulation of the extent of open space of various categories: land, landscaped, and usable.

(c)

Nonresidential uses proposed: tabulation of floor area by land use category.

(d)

Visual representations of the development, indicating general scale, massing, materials, and arrangement within the site, at least in plan, elevation, and sectional views, preferably supplemented with perspective or axonometric views.

(e)

A plan view context drawing, covering the premises and at least all parcels abutting and across the street, indicating street and property lines, building locations, and other features of relevance, such as important trees.

(f)

Any special provisions proposed, including grants of benefits to the Town such as land for public purposes, construction of or contributions towards off-site improvements, or restrictions proposed, such as view corridors or traffic management provisions.

(g)

A traffic analysis indicating that full construction and occupancy as provided in the concept plan will not cause the peak hour traffic level of service to either be lower than reasonably expectable from development not relying upon these provisions or below level of service "D," as defined in current publications of the Highway Research Board.

(h)

A verbal and graphic analysis documenting that the development is assured to be compatible with the character and scale of the immediately surrounding neighborhood.

(i)

An assessment of the impacts of the development upon natural resources, Town utilities, schools, housing needs, taxes or other topics of salience in the particular case.

(4)

Whenever an application for a mixed use special permit is filed with the Planning Board, the applicant shall also file, within five working days of the filing of the completed application, copies of the application, accompanying plans and other required documentation, to the Board of Health, Conservation Commission, Building Inspector, Department of Public Works, Police Chief, Fire Chief, and Town Engineer for their consideration, review, and report. The applicant shall furnish the copies necessary to fulfill this requirement. Reports from other boards and officials shall be submitted to the Planning Board within 35 days of receipt of the reviewing party of all of the required materials. Failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. In the event that the public hearing by the Planning Board is held prior to the expiration of the thirty-five-day review period, the Planning Board shall continue the public hearing to permit the formal submission of reports and recommendations within that thirty-five-day period.

(5)

The Planning Board may require payment of reasonable fees for the engagement of architects, engineers, planners, lawyers, urban designers or other appropriate professionals to assist the Board in reviewing a project, using procedures, including any appeals of the selection of the consultant, consistent with Section 53G of Chapter 44, MGL.

(6)

Site visit. Whether or not conducted during the preapplication stage, the Planning Board may conduct a site visit during the public hearing. At the site visit, the Planning Board and/or its agents shall be accompanied by the applicant and/or its agents.

Use and dimensional requirements.

(1)

The proposal shall include both residential and business uses, with the gross floor area of fast floor business use(s) equal to not less than 20% of lot area.

(2)

Any use allowed in at least one of the districts under a given overlay district is allowed within a mixed use structure at any location throughout that mixed use overlay district, including within underlying districts where such use is not otherwise allowed. Dwelling units are allowed within such structures without limitation on type or form of tenure.

(3)

The following dimensional requirements shall apply, and those of Table 2, Table of Dimensional Regulations (including footnotes 1 through 11), and § 190-31, Subsections A, B, C, D, G and K, shall not apply for mixed use development granted a special permit under § 190-94, except as provided below.

(a)

Lot area shall equal not less than 2,000 square feet per dwelling unit, excluding those units which are "affordable," as defined at § 190-96. There is no additional lot area requirement for other uses, except that the floor area ratio requirement for the underlying district must be met counting only floor area in nonresidential uses.

(b)

Building height shall not exceed four floors or 50 feet for those portions of structures located within 100 feet of a street having a right-of-way width of at least 80 feet, or three floors or 35 feet elsewhere.

(c)

The minimum yard setbacks of the least restrictive district any portion of which is within the overlay district shall govern yard setbacks throughout the MUOD.

(d)

The maximum building coverage of the least restrictive district any portion of which is within the Overlay District shall govern building coverage throughout the MUOD.

(e)

Open area shall equal the greater of the underlying district requirement or 15%.

Other requirements.

(1)

Parking and loading.

(a)

The number of parking spaces shall be as required by § 190-41, Required off-street parking. The number of required spaces may be reduced by the Planning Board in acting upon the special permit to reflect demand reduction commitments agreed to by the developer and enforceable by the Town, such as dwelling unit commitments to participation in the MassHousing "Take the T (and the ZIPCAR) Home Mortgage Program," or formal employee ride-sharing arrangements, as well as for different uses having different timing of peak demands.

(b)

Legal on-street parking spaces on the same side of the street and adjacent to the premises may be included in satisfying the parking requirement.

(c)

Parking shall preferably be structured, but in no event shall it be so located that it separates buildings from street sidewalks, instead being below the building or to its rear. Required parking may be located in part or whole off premises, provided that a substantial portion of the parking is within 300 feet of the premises served and is under permanently binding legal agreement for that use.

(d)

Loading facilities must be provided as required at § 190-39.

(e)

Access to parking and loading shall be shared with adjacent premises where feasible, subject to the provisions of § 190-37I, and shall be located so as to minimize interruptions of pedestrian movement along business-oriented streets.

(2)

Housing affordability. All mixed use developments that create six or more housing units shall be subject to the affordability requirements of § 190-96.

(3)

Usable open land. Usable open land shall cover at least 15% of the site, preferably in the form of a courtyard or similar positive space given some sense of enclosure through its location relative to buildings and other structures, unless in acting on the special permit the Planning Board determines that peculiarities of the site make meeting this provision either infeasible or inappropriate.

(4)

Contextual relationship.

(a)

Where reasonably feasible, ground-level uses on site shall abut similar uses off site: business abutting business, residence abutting residence, parking abutting parking, open space abutting open space. In such cases, fencing or screening is neither required nor desirable. Where it is not, landscaped screening may be required to provide mitigation of visual, sonic, and lighting impacts.

(b)

Pedestrian movement among the uses within the site and between them and abutting premises shall be strongly facilitated and given amenity to encourage its use.

(c)

Buildings shall in their design be in scale and in proportion with adjacent existing structures, open space, and the natural and man-made environment. Height, materials, texture, color, street facades, roof types and slopes, fenestration, building details, landscaping, benches and other amenities are all means by which to reflect the intention of contributing to improvement in the quality of the environment.

(d)

Site and building design shall be in substantial conformance with "6.0 Design Guidelines" in the housing component of the Wakefield Master Plan, May 20, 2003.

§ 190-95 Creative development.

[Added 11-8-2004 RTM by Art. 34]

Intent and applicability. The intent of § 190-95, Creative development, is to provide a process for Town Meeting to approve development standards tailored for special locations in consideration of a concept plan which it approves and which gives assurance of consistency between Town Meeting intent and development outcomes. Provisions of the underlying district shall continue to apply except for development subject to the Town Meeting-approved concept plan, which may be either more or less restrictive than the zoning provisions otherwise applicable within the underlying districts. The provisions of § 190-32, Multifamily dwellings, shall not apply to developments proposed pursuant to § 190-95, Creative development.

Requirements.

(1)

Any use allowed in at least one of the districts under a given Creative Development Overlay District is allowed at any location throughout that Creative Development Overlay District, including within underlying districts where such use is not otherwise allowed. Dwelling units are allowed within such structures without limitation on structure type or form of tenure.

(2)

Lot area.

(a)

Lot area shall be not less than as provided in an approved concept plan (§ 190-95C), which in no event shall be less than the following sum:

[1]

The number of detached single-family dwellings times 1/8 acre each; plus

[2]

The number of units in two-family or attached dwelling structures times 1/12 acre each; plus

[3]

The number of units in other multifamily structures times 1/20 acre each.

(b)

No additional lot area is required for nonresidential uses, except that, in satisfying the FAR requirements that may be established in the concept plan, nonresidential as well as residential uses shall be included.

(3)

Building height shall not exceed six stories or 70 feet. Rooftop mechanical equipment and its height shall be shown on special permit plan submittals, and shall be selected, located, and if necessary, screened in order to achieve harmonious integration with the building design.

(4)

Other dimensional standards shall be as provided in an approved concept plan (§ 190-95C), rather than those stated in Table 2, Table of Dimensional Regulations, or in § 190-3, General regulations.

(5)

Parking and loading.

(a)

(b)

Legal on-street parking spaces adjacent to the premises may be included in satisfying the parking requirement.

(c)

(d)

(e)

Loading facilities must be provided as required at § 190-39.

(6)

Housing affordability. All developments authorized under CDOD provisions that create six or more housing units shall be subject to the affordability requirements of § 190-96.

(7)

Usable open land shall cover at least 15% of the site area.

Procedures.

(1)

Parties anticipating making proposals for establishment of a Creative Development Overlay District by Town Meeting are urged to work closely with the Planning Board and Town staff in developing their proposal in order to assure a well-informed process and similarly to arrange for exchanges with those who live near or otherwise would be impacted by the proposal.

(2)

All petitions presented to Town Meeting for creation of a Creative Development Overlay District (CDOD) shall include a concept plan and report for that district, which shall contain at least the following:

(a)

(b)

Open space proposed: tabulation of the extent of open space of various categories: land, landscaped, and usable.

(c)

Nonresidential uses proposed: tabulation of floor area by land use category.

(d)

(e)

(f)

Itemization of departures from the use, dimensional, parking or other provisions applicable to the underlying zoning districts.

(g)

Special provisions proposed, including grants of benefits to the Town such as land for public purposes, construction of or contributions towards off-site improvements, or restrictions proposed, such as view corridors or traffic management provisions.

(h)

(i)

A verbal and graphic analysis documenting that the development is assured to be compatible with the character and scale of the immediately surrounding neighborhood.

(j)

An assessment of the impacts of the development upon natural resources, Town utilities, schools, housing needs, taxes or other topics of salience in the particular case.

(3)

The concept plan shall be provided to the Town Clerk and the Planning Board no later than the date on which first notice is published for the Planning Board hearing on the proposed zoning amendment creating the overlay district, with number of copies and distribution as may be provided in regulations adopted by the Planning Board for administration of these provisions, and shall be reviewed at that public hearing. The Planning Board's recommendation to Town Meeting shall include its observations and recommendations regarding the consistency of the concept plan and report with the requirements of § 190-95C and the intentions articulated at § 190-3, Purpose.

(4)

Following Town Meeting approval for creation of a Creative Development Overlay District and its accompanying concept plan, permit applications relying upon that plan shall require site plan review by the Planning Board under the provisions of § 190-46, Site plan review where special permit is not required. The Planning Board shall approve such site plan, provided that it is consistent with the approved concept plan, and consistent with the provisions of § 190-46. A site plan shall not be found consistent unless each of the following is met:

(a)

The uses proposed are consistent with those of the concept plan in type and extent.

(b)

Although locations of individual buildings, parking, and open space may have been modified subsequent to plan approval, the general scheme is unaltered, and all of the applicable use and dimensional regulations have been met.

(c)

Site and building design shall be in substantial conformance with "6.0 Design Guidelines" in the housing component of the Wakefield Master Plan, May 20, 2003.

(d)

Means have been established to assure compliance with special provisions stipulated at § 190-95C(2)(g).

(5)

A revised concept plan not consistent with the one approved at the time of Creative Development Overlay District creation may gain approval by going through the same process as required for an original concept plan, that is, being approved by Town Meeting pursuant to an article on the Warrant, following Planning Board hearing and review prior to Town Meeting action, as provided above.

§ 190-96 Housing affordability.

[Added 11-8-2004 by Arts. 31, 33, 34]

The intent of § 190-96 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, developments made subject to this section by other provisions of this bylaw shall assure that at least 18% of the total number of dwelling units in the development (rounded to the nearest whole number) will be affordable, as provided below.

The applicant shall submit to the special permit granting authority (SPGA) for the use involved a use restriction or regulatory agreement for the designated affordable dwelling units. That agreement shall establish an affordability restriction for the maximum period allowed by law Together with the special permit application the applicant shall provide:

(1)

A site approval letter from either the subsidizing agency or other agency authorized by DHCD under Housing Appeals Committee regulations [CMR 31.01(2)]; and

(2)

A complete draft regulatory agreement among the above agency, the developer, and the Town Councilors.

[Amended 11-5-2018 RTM by Art. 17]

Prior to obtaining any building permit for the project, 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. 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 for the Town of Wakefield upon the transfer of such restricted units.

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. Their exterior appearance shall be designed to be consistent with that of the market rate units in the same development or building, except for size;

At the time of application, the applicant shall identify the approximate floor areas of all units. The affordable dwelling units shall have the same number of bedrooms as the nonaffordable 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.

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. Off-site 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. Off-site affordable dwelling units provided through this provision shall comply in all respects other than on-site location with the requirements of this § 190-96, with the following clarifications and modifications. Existing off-site 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 off-site 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.

The following requirement shall be a condition of special permits which require affordable dwelling units in order to prevent a disproportionate number of nonaffordable dwelling units being occupied prior to the completion and occupancy of the affordable dwelling units.

(1)

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.

(2)

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.

(3)

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.

(4)

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.

§ 190-97 Municipal Building Reuse Overlay District.

[Added 8-17-2006 STM by Art. 2; amended 5-9-2011 ATM by Art. 11]

Uses permitted in Municipal Building Reuse Overlay District. The Municipal Building Reuse Overlay District shall be considered as overlaying other districts established by this Zoning Bylaw. Any residential uses permitted in that portion of the districts so overlaid shall be permitted. In addition, any residential use (including, without limitation, elderly housing and multifamily housing or dwellings) and accessory uses to said residential use may be permitted in such an overlay district under a municipal building reuse special permit issued pursuant to § 190-97C, below, notwithstanding provisions, restrictions or requirements of any other section of this Zoning Bylaw.

Dimensional controls in Municipal Building Reuse Overlay District. Subject to the provisions of § 190-97C, below, buildings in a Municipal Building Reuse Overlay District and existing at the time of the issuance of a municipal building reuse special permit may remain and may be rehabilitated and rebuilt in their then location. The special permit granting authority under § 190-97C may allow reductions and/or alterations in the dimensional controls for buildings and/or land in the Municipal Building Reuse Overlay District as required under this § 190-97B, Table 2 (Table of Dimensional Regulations)[1] and any other dimensional regulations or requirements of the Zoning Bylaw by the municipal building reuse special permit, according to procedure contained in Article VIII, and if it deems the reductions and/or alterations will enhance the project as a whole or allow it to benefit the neighborhood in which it is situated or the Town of Wakefield as a whole.

(1)

Enlargement of existing building. The existing building may be enlarged in a manner harmonious with the external character and appearance of the building; however, no such enlargement shall exceed a size equivalent to 25% of the gross square footage of the existing building.

(2)

New construction. An additional building or buildings which contain the same use or uses as contained in the existing building (or one or more accessory uses) may be constructed on the lot in a manner harmonious with the external character and appearance of the existing building.

(3)

Setback. The setback regulations applicable to the zoning district surrounding the lot, or in the case of a lot which is adjacent to two or more zoning districts, the setback regulations applicable to the least restrictive such adjacent zoning district, shall apply, except as otherwise permitted by the special permit granting authority in a municipal building reuse special permit.

(4)

Density. The special permit granting authority under § 190-97C may allow reductions and/or alterations in the dimensional controls for buildings in the Municipal Building Reuse Overlay District as required under this § 190-97B, Table 2 (Table of Dimensional Regulations) and any other dimensional regulations or requirements of the Zoning Bylaw by the municipal building reuse special permit, according to procedure contained in Article VIII, and if it deems the reductions and/or alterations will enhance the project as a whole or allow it to benefit the neighborhood in which it is situated or the Town of Wakefield as a whole.

(5)

Height. The height of any enlargement or additional building shall not exceed that allowed in the zoning district surrounding the lot, or in the case of a lot which is adjacent to two or more zoning districts, the height regulations applicable to the least restrictive such adjacent zoning district, shall apply, except as otherwise permitted by the special permit granting authority in a municipal building reuse special permit.

(6)

Open space. Except as otherwise expressly authorized by the special permit granting authority in a municipal building reuse special permit, the open space on the lot or lots shall be not less than the lesser of the open space available at the time of the issuance of the municipal building reuse special permit or 25% of the area of the lot. Open space shall be completely devoid of any structure, parking space, loading space, accessway, private yards, patios or gardens for the exclusive or principal use of residents of individual dwelling units. The special permit granting authority shall strive to maximize open space.

(7)

Mixed residential use. With the approval of the special permit granting authority in the municipal building reuse special permit, mixed residential uses may be authorized.

[1]

Editor's Note: Said table is included at the end of this chapter.

Municipal building reuse special permit.

(1)

The Planning Board as the special permit granting authority may grant a municipal building reuse special permit for the rehabilitation and utilization of any building and the lot on which it is situated in a Municipal Building Reuse Overlay District, applying the criteria set forth in § 190-44 of this Zoning Bylaw, provided that as a result of the special permit process the following criteria are met:

(a)

Parking. There shall be adequate numbers of off-street parking spaces and loading and unloading spaces, provided that the special permit granting authority may vary the requirements set forth in Article VII of this Zoning Bylaw. Parking may be located in any yard area approved by the special permit granting authority.

(b)

Signs. All proposed signs shall comply with Article XIII of this Zoning Bylaw, except as specifically authorized by the special permit granting authority in the municipal building reuse special permit.

(2)

Once recorded, a municipal building reuse special permit shall remain valid and applicable regardless of any change in ownership of the lot or lots to which the permit relates, and regardless of any change in condition of the building(s) on such lot or lots. Notwithstanding any other provision hereof to the contrary, any building that is subject to a municipal building reuse special permit may be rebuilt if destroyed by fire or other casualty.

Special permit application process. An application may be made to the Planning Board as the special permit granting authority for a municipal building reuse special permit in compliance with the conditions set forth in § 190-97C, above. Site plan review must be completed by the Planning Board, as part of the application process. The provisions of § 190-45 and any site plan and special permit regulations of the Planning Board, as the same may be adopted and amended from time to time, shall apply.

Affordability. An application to the Planning Board may include housing permanently available to and affordable to low- and moderate-income households. If any affordability condition is so included, the municipal building reuse special permit shall give preference in the selection of buyers or tenants to Wakefield residents.