Town of Wayland, MA Article 23 Mixed-Use Overlay District

[Added 5-3-2006 STM by Art. 2]

§ 198-2301 Purposes.

2301.1. The purposes of the Mixed-Use Overlay District include but are not limited to:

2301.1.1. Promoting a range and balance of land uses;

2301.1.2. Facilitating integrated physical design and encouraging interaction among activities;

2301.1.3. Establishing controls which will facilitate development while protecting the public interest by limiting the aggregate amount of development;

2301.1.4. Permitting flexible development on individual lots;

2301.1.5. Promoting site features and layouts conducive to walking and bicycling;

2301.1.6. Promoting a pedestrian-friendly living and working environment.

§ 198-2302 Definitions.

2302.1. The following definitions apply, in addition to those in § 198-104, in the Mixed-Use Overlay District:

CONCEPT PLAN

A required submittal for a mixed-use project master special permit, which provides a preliminary site plan for the mixed-use project, describing the proposed character, uses, site layout, and public amenities incorporated therein. The requirements for the submittal of a concept plan are set forth in § 198-2304.2.

GROSS FLOOR AREA

As defined in § 198-104.

MASTER SPECIAL PERMIT PLAN

A required submittal for a mixed-use project which, as described in the Planning Board's rules and regulations for the MUOD, defines in detail the site, the site plan, the proposed uses, site improvements, traffic impacts and their mitigation, environmental impacts and their mitigation, future division of the property, and other information required for the public and boards of the Town of Wayland. Compliance with the master special permit plan, as approved by the Planning Board, shall be a condition of any development of a mixed-use project.

MIXED-USE PROJECT

A combination of retail, office, municipal, service establishments, and residential uses, as may be approved by the Planning Board for the Mixed-Use Overlay District by the issuance of a mixed-use project master special permit, defined below.

MIXED-USE PROJECT MASTER SPECIAL PERMIT (MUP MASTER SPECIAL PERMIT)

The initial special permit that an applicant must obtain before obtaining any site plan approvals, as provided for in § 198-2304.

MUOD

The Mixed-Use Overlay District (MUOD) comprising the land as shown on Plate 23 of the Atlas of the Town of Wayland, Massachusetts, 2002, numbered as Parcels 23-052, 23-052B, 23-052C, and 23-052F, and as shown on the plan entitled "Town of Wayland Mixed-Use Overlay District," Survey Department, 41 Cochituate Road, Wayland, MA 01778, dated September 6, 2005, a copy of which is on file in the office of the Town Clerk.

§ 198-2303 Overlay district.

2303.1. The MUOD is an overlay district superimposed on all underlying zoning districts. All uses permitted by right or by special permit in the pertinent underlying zoning district shall be similarly permitted in the MUOD, subject to the further provisions of this Article 23. Where the MUOD authorizes uses not otherwise allowed in the underlying district, the provisions of the MUOD shall control. The Planning Board shall be the special permit granting authority (SPGA) for every MUP master special permit and any other special permit required in the MUOD. The Planning Board shall also serve as the SPGA for special permits required under any other applicable overlay districts. Nothing herein shall be construed to supersede the provisions of other overlay districts applicable in the MUOD, except as set forth herein.

§ 198-2304 Approvals process.

2304.1. Overview.

2304.1.1. Prior to applying for a building permit for a mixed-use project, the applicant submits the following to the Planning Board, in sequence:

2304.1.1.1. A concept plan;

2304.1.1.2. A master special permit application;

2304.1.1.3. A Phase I site plan review application.

2304.1.2. After approval of the Phase I site plan, changes of use and of exterior features that were previously approved by a Phase I site plan and that require Phase II site plan review under § 198-2304.4.4 may not be made unless the applicant submits, and the Planning Board approves, a Phase II site plan review application.

2304.1.3. Where special permits other than the MUP master special permit are sought under this Article 23, such special permits may be applied for concurrently with, or at any time after, the application for the MUP master special permit. Any pending special permit application shall be considered concurrently with the master special permit application, the Phase I site plan review application, or the Phase II site plan review application, rather than sequentially, where doing so would promote efficiency and timeliness.

2304.1.4. All proceedings of the Planning Board under this Article 23 shall proceed reasonably expeditiously under the circumstances and in light of the Planning Board's responsibilities under this Article 23, and the Planning Board and the applicant should avoid unnecessary delay.

2304.2. Concept plan.

2304.2.1. With or prior to the application for the MUP master special permit, the applicant must file a concept plan with the Planning Board for review. The concept plan shall generally define the proposed character, uses, site layout, and public amenities of the proposed mixed-use project. The Planning Board shall determine whether the concept plan substantially conforms with the provisions of this Article 23. The submission shall, at a minimum, include:

2304.2.1.1. A preliminary site development plan (signed by a registered architect or other pertinent design/engineering professional) showing the approximate location and anticipated size of footprint(s) of all proposed buildings, general site grading with finish floor elevations, parking, landscaping, roads, walkways and accessways, open space, and wetlands.

2304.2.1.2. A preliminary utilities plan showing the location of hydrants and wastewater facilities; the location and type of stormwater facilities; and the sources of water to be used on the site.

2304.2.1.3. A preliminary lighting plan including a photometric plan and general information regarding light poles, bases and fixtures.

2304.2.1.4. A preliminary signage plan for the mixed-use project.

2304.2.1.5. A preliminary subdivision plan(s), if applicable.

2304.2.1.6. A plan showing proposed buildings as to approximate location, proposed categories of uses, general architectural design, and anticipated size.

2304.2.2. The Planning Board shall solicit public comment on the concept plan. Thereafter, the Planning Board shall determine that (i) the concept plan is in substantial conformity with the provisions of this Article 23; or (ii) it would be in substantial conformity if it includes modifications suggested by the Planning Board or agreed upon by the applicant; or (iii) it is not in substantial conformity. If the concept plan is submitted prior to an application for an MUP master special permit, the Planning Board shall advise the applicant of the Planning Board's determination within 90 days following submittal of the concept plan, unless such time period is extended by written agreement of the Planning Board and the applicant. If the Board determines the submitted concept plan is not in substantial conformity with the provisions of this Article 23, it shall provide the reasons for its determination. The determination of the Planning Board on the submitted concept plan shall be advisory in nature and shall be without binding effect on either the Planning Board or the applicant.

2304.3. MUP master special permit.

2304.3.1. Every mixed-use project within the MUOD must obtain an MUP master special permit issued by the Planning Board. The MUP master special permit (a) specifies the mixed-use project's design, architectural character, public amenities, site improvements, traffic improvements, mitigation, specific location of buildings, and categories of uses for buildings; and (b) defines categories of interchangeable uses, for establishments in Size Category B in the § 198-2308.3.1 establishment size chart, that will not require Phase II site plan review under § 198-2304.4.5.

2304.3.2. The application for an MUP master special permit shall include, at a minimum, the following submittals:

2304.3.2.1. A master special permit plan, containing a site development plan (signed by a registered architect or other pertinent design/engineering professional) showing the location, size of footprint(s) of all buildings; site grading with finish floor elevations; parking; landscaping; roads, walkways and accessways; open space and wetlands.

2304.3.2.2. A utilities plan showing the location of hydrants and wastewater facilities; the location and type of stormwater facilities; and the sources of water to be used on the site.

2304.3.2.3. A lighting plan including a photometric plan and information regarding light poles, bases and fixtures.

2304.3.2.4. A signage plan for the mixed-use project, which plan must include existing and proposed signage throughout the MUOD.

2304.3.2.5. A subdivision plan(s), if applicable.

2304.3.2.6. A plan showing the location, elevations with heights, proposed categories of uses, general architectural design, and sizes of all buildings and structures.

2304.3.2.7. Reference to any separate special permit(s) being requested in conjunction with the MUP master special permit.

2304.3.3. No MUP master special permit shall be granted unless the mixed-use project is in compliance with the performance standards set forth in § 198-2309.

2304.3.4. The MUP master special permit shall govern (a) all future development in a particular mixed-use project; and (b) the uses of all streets within the mixed-use project and all streets that provide access between the mixed-use project and any public way. All construction and associated improvements must be in compliance with the MUP master special permit.

2304.3.5. The applicant must supply the Planning Board with sufficient copies of the application for an MUP master special permit, along with all supporting documents and plans, as are necessary to provide to other local boards, agencies, and officials, such as the Conservation Commission, Fire Chief, Police Chief, Board of Health, Building Commissioner, Board of Road Commissioners, Water Commissioners, Wastewater Management District Commission, Finance Committee, Park and Recreation Commission, Select Board, and others as designated in the Planning Board's rules and regulations for the MUOD, for their review and comment.

2304.3.6. Following issuance of the MUP master special permit, any application for revisions or amendments to the MUP master special permit shall be submitted in writing to the Planning Board, which shall determine and notify the applicant in writing whether such revisions or amendments are minor or major.

2304.3.6.1. If the Planning Board does not notify the applicant in writing within 30 days after such submittal that such revisions or amendments are minor, the revisions or amendments shall be deemed major. In the event that such revisions or amendments are deemed to be major by such failure of timely notification, the Planning Board may, at any time thereafter, determine and notify the applicant in writing that such revisions or amendments are minor in accordance with the provisions of this § 198-2304.3.6.

2304.3.6.2. Revisions or amendments proposing only changes that (i) do not significantly affect major exterior elements; (ii) do not significantly impact the public interest, as determined by the Planning Board in writing; and (iii) are consistent with the purposes of this Zoning Bylaw, shall be considered minor.

2304.3.6.3. Revisions or amendments to the MUP master special permit may be made by the Planning Board in accordance with the same procedures as are applicable hereunder to the initial approval of the MUP master special permit, except that the submittal materials, together with an explanatory statement, shall be limited to those affected by the proposed revisions or amendments; and in the case of revisions or amendments that are minor, a public hearing in accordance with the provisions of MGL Chapter 40A need not be held, and the final decision deadline shall be 45 days from the date of the complete application submittal.

2304.3.6.4. Where special permits issued under this Article 23 allow modifications to project elements from those previously approved in the MUP master special permit, such special permits shall constitute revisions or amendments of the MUP master special permit to the extent of such allowed modified project elements, without the need for a separate application and approval of such modifications as revisions or amendments to the MUP master special permit.

2304.3.6.5. Unless the applicant agrees otherwise, no existing condition of any MUP master special permit or other special permit or approval shall be modified, nor may any new condition be imposed, except with respect to or arising from the subject matter of the modification requested by the applicant.

2304.4. Uses; special permits; Phase I and Phase II site plan review within the MUOD.

2304.4.1. Within a mixed-use project, the uses available are set forth in Table A, "Mixed-Use Overlay District Table of Uses."[1] Table A lists the uses allowed either: (i) with an MUP master special permit, which uses are designated "MSP" in Table A; or (ii) with an MUP master special permit and a separate special permit, which uses are designated "SP" in Table A; or (iii) as of right, which uses are designated "A" in Table A. All other uses within the MUOD are prohibited. In the MUP master special permit, the Planning Board may coordinate applications for site plan review and individual special permits to ensure an orderly development process. Once an MUP master special permit has been issued, all uses designated "MSP" in Table A shall be allowed, and all uses designated "SP" on Table A shall be allowed subject to issuance of the requisite special permit under § 2304.4.2.1.

[1] Editor's Note: Table A: Mixed-Use Overlay District Table of Uses is included at the end of this chapter.

2304.4.2. Special permits.

2304.4.2.1. The prerequisite for a special permit for uses designated "SP" in Table A, "Mixed-Use Overlay District Table of Uses," is an MUP master special permit. Applications for the special use permit may be filed with the MUP master special permit application or following the grant of the MUP master special permit; and either separately or in conjunction with Phase I or Phase II site plan reviews.

2304.4.2.2. Any special permits required under Table B, "Table of Dimensional Requirements in the Mixed-Use Overlay District"[2] may be incorporated into the MUP master special permit and may be obtained during the MUP master special permit approval process or in a subsequent application. These dimensional special permits may also be applied for in conjunction with Phase I or Phase II site plan reviews.

[2] Editor's Note: Table B: Table of Dimensional Requirements in the Mixed-Use Overlay District is included at the end of this chapter.

2304.4.3. Changes of use in the Size Category A establishment.

2304.4.3.1. 

Within the § 198-2308.3.1 Size Category A establishment, any change of use after the MUP master special permit is granted shall require a separate special permit under the following circumstances:

(a) The change of use covers 10,000 square feet or more of gross floor area; or

(b) The change of use, when aggregated with all other changes made within the Category A establishment after the MUP master special permit, totals 10,000 square feet or more of gross floor area; except changes within the food store use or changes in uses accessory to a food store shall not be counted when computing the aggregate number.

2304.4.3.2. If a separate special permit is required for a change of use under this § 198-2304.4.3 and such change of use also involves other changes requiring Phase II site plan review under § 198-2304.4.5, then the special permit and the Phase II site plan review may be applied for and considered separately or in conjunction.

2304.4.4. Phase I site plan review.

2304.4.4.1. The purpose of the Phase I site plan review is to ensure that any proposed building or site improvement is in compliance with the MUP master special permit. Prior to the issuance of a building permit for the construction of a building which will contain a use listed as allowed in Table A, "Mixed-Use Overlay District Table of Uses," the Planning Board shall conduct a Phase I site plan review. The Phase I site plan review at a minimum shall include the following components: building design and elevations; signs; landscaping; lighting; parking; and compliance with the MUP master special permit.

2304.4.4.2. The applicant shall submit an application and plans showing: building design and elevations; signs; landscaping; lighting; parking; compliance with the MUP master special permit; and any other documents required by the MUP master special permit and the Planning Board's rules and regulations for the MUOD. The Planning Board shall review the application and plans to determine whether the proposed building(s) and associated improvements are consistent with the performance standards set forth in § 198-2309 and the specific conditions of the MUP master special permit. The Planning Board shall hold its first hearing only after receipt of a complete application. The Planning Board shall render a written decision and file it with the Town Clerk within 60 calendar days after the first hearing, unless such time period is extended in writing by agreement of the Planning Board and the applicant. Any appeal from a decision of the Planning Board shall be made to a court of competent jurisdiction in accordance with the provisions of MGL Chapter 40A, § 17.

2304.4.5. Phase II site plan review.

2304.4.5.1. 

The purpose of a Phase II site plan review is to review certain proposed changes after the MUP master special permit has been granted and the Phase I site plan review has been completed. Phase II site plan review shall apply to the following:

(a) Changes of principal and accessory uses for § 198-2308.3.1 Size Category B establishments, from one MSP-defined category of interchangeable uses to another MSP-defined category of interchangeable uses;

(b) Changes of principal use of any structure, from any use within specified Table A categories to a use in another such category in Table A; and

(c) Changes, as defined in the MUP master special permit, of exterior features and site improvements such as signage, facades, landscaping, lighting, and parking.

For purposes of § 198-2304.4.5.1(b), the specified Table A categories are Residential, Office, Institutional, Retail, Service Establishments, Place of Assembly, or Restaurants.

2304.4.5.2. Phase II site plan review shall not apply to the following: (a) changes of principal or accessory use of such establishments within an MSP-defined category of interchangeable uses; and (b) changes in content of signage; replanting or other minor landscaping changes that do not result from a general redesign of landscaping for the mixed-use project as a whole; restriping of parking areas; repair and maintenance; and such other items as the Planning Board determines do not require Phase II site plan review, whether in its rules and regulations for the MUOD, on its own motion, or upon request.

2304.4.5.3. The applicant shall submit an application and plans showing proposed changes subject to § 198-2304.4.5.1, and any other documents required by the MUP master special permit and the Planning Board's rules and regulations for the MUOD. The Planning Board shall review the application to determine whether the proposed changes are consistent with the MUP master special permit, the Phase I site plan approval, and the performance standards set forth in § 198-2309. The Planning Board shall hold its first hearing only after receipt of a complete application. The Planning Board shall render a written decision and file it with the Town Clerk within 60 calendar days after the first hearing, unless such time period is extended in writing by agreement of the Planning Board and the applicant. Any appeal from of a decision of the Planning Board shall be made to a court of competent jurisdiction in accordance with the provisions of MGL c. 40A, § 17.

§ 198-2305 Special permit decision.

2305.1. Any special permit shall be subject to the requirements and conditions set forth in § 198-203 and the performance standards set forth in § 198-2309.

2305.2. When the application is for an MUP master special permit, the Planning Board shall consider the following criteria, in addition to the requirements and conditions set forth in § 198-203:

2305.2.1. The mixed-use project must comply with the uses table, the dimensional requirements, and the § 198-2309 performance standards. The Planning Board may not reduce the allowed gross floor area, number of residential units, or bedroom counts below the limits permitted in § 198-2308.2; impose more restrictive dimensional requirements than those set forth in § 198-2308 and Table B; or disapprove project elements meeting performance standards under § 198-2309.

2305.2.2. The MUP master special permit shall be granted by the Planning Board only upon the Board's written determination that the adverse effects of the proposed mixed-use project will not outweigh its beneficial impacts to the Town or the neighborhood, in view of the particular characteristics of the site.

2305.3. Where the application is for a special permit for building height in excess of 35 feet, in addition to the criteria set forth in §§ 198-203 and 198-2305.2, in order to grant a special permit, the Planning Board must find that such additional height will facilitate architectural variety, visual interest, and building scale in relation to other buildings, and it shall not grant relief to allow a building that is out of character with the neighborhood. Any such special permit for increased height may not be granted if it would or could be used to increase habitable space or be otherwise used for occupancy purposes.

2305.4. Where the application for a special permit is for a specific allowable use designated "SP" in Table A, "Mixed-Use Overlay District Table of Uses," the additional criteria set forth in § 198-203 also shall apply.

§ 198-2306 Special permit conditions.

2306.1. In any special permit granted by the Planning Board, the Board may, pursuant to MGL c. 40A, § 9, and § 198-203 of the Zoning Bylaw, as amended from time to time, impose additional reasonable conditions, safeguards, and limitations on time and use, which conditions may include but are not limited to the following:

2306.1.1. A phasing schedule for construction of each component part of the project which ensures integration of residential, nonresidential, and municipal uses.

2306.1.2. A demolition and construction schedule, including a construction traffic management plan.

2306.1.3. Hours of operation, delivery times, and lighting schedule.

2306.1.4. A requirement that special permits and site plans be recorded in the Middlesex South Registry of Deeds and, if registered land, in the Land Court, prior to the issuance of any building permits.

2306.1.5. Compliance with plans approved in the MUP master special permit and with all applicable federal, state, and local laws, rules, regulations, and bylaws;

2306.1.6. If circumstances so warrant, a requirement to continue monitoring off-site impacts to traffic and the environment in appropriate locations with regard to the locus of the MUOD development; and

2306.1.7. The right of the Planning Board, or its designated representative, to make inspections during the construction process.

2306.1.8. Restrictions on use of the streets within the mixed-use project and all streets that allow access between the mixed-use project and any public way.

§ 198-2307 Time limit.

2307.1. Until such time as a master special permit is issued for a mixed-use project, and the appeal period following the Planning Board's decision has expired, the provisions of the underlying zoning shall solely govern the use and development of the property comprising the MUOD. At the time of the issuance of the first certificate of use and occupancy for a building constructed under the MUP master special permit, the underlying zoning, as established in § 198-301, shall no longer be applicable in the MUOD. If no MUP master special permit is issued, however, within five years after the effective date of this article, the provisions of this MUOD shall expire. In such event, the underlying zoning in effect on the date of adoption of this article, and any amendments thereto, shall govern the use of the property shown on the Zoning Map of the MUOD.

§ 198-2308 Dimensional requirements and aggregate limits.

2308.1. The dimensional requirements set forth in Table B, "Mixed-Use Overlay District Table of Dimensional Requirements," apply to all mixed-use projects and, to the extent Table B conflicts with the dimensions listed in the Table of Dimensional Requirements for the underlying zoning, Table B shall prevail. The following criteria apply to Table B:

2308.1.1. Minimum total area. All land within the MUOD must be located entirely within the Town of Wayland.

2308.1.2. Maximum building height. Height shall be as defined in § 198-701.1.2, except that penthouses shall refer only to mechanical penthouses and that none of the items referred to in that section are used for occupancy purposes. Height shall be measured in accordance with the provisions of § 198-104.2.

2308.1.3. Maximum building size. No building shall exceed 60,000 square feet of gross floor area.

2308.1.4. Maximum bulk for freestanding child-care facilities. No building used as a freestanding child-care facility shall have a building footprint exceeding 2,500 square feet.

2308.2. The total amount of development allowed under Article 23, exclusive of any uses related to a wastewater treatment facility, is limited to 372,500 square feet of gross floor area, of which 40,000 square feet of gross floor area can be used only for municipal uses.

2308.2.1. The nonresidential component of any mixed-use project, exclusive of municipal uses and any uses related to a wastewater treatment facility, shall be limited to 177,000 square feet of gross floor area. Not more than 156,750 square feet of such gross floor area shall be dedicated to retail uses. Not more than 22,000 square feet of such gross floor area shall be dedicated to office uses, except that such 22,000 square foot limitation shall not apply to gross floor area devoted to uses within the category of "banks and financial institutions" in Table A: Mixed-Use Overlay District Table of Uses.[1]

[Amended 11-12-2008 STM by Art. 5]

[1] Editor's Note: Table A: Mixed-Use Overlay District Table of Uses is included at the end of this chapter.

2308.2.2. The residential component of any mixed-use project shall be limited to 155,500 square feet of gross floor area. There shall be no more than 100 dwelling units, and there shall be no more than 200 bedrooms. Not more than 15 dwelling units within any mixed-use project shall be three-bedroom units. No unit shall have more than three bedrooms.

2308.3. Aggregate limits on sizes and numbers of individual establishments.

2308.3.1. To ensure a mix of larger and smaller establishments devoted to retail, service, assembly or restaurant use, and without limiting the size or configuration of buildings, the size and number of individual establishments in the MUOD taken as a whole shall not exceed the following aggregate limits:

	Size Category	Maximum Gross Floor Area Allowed for Each Establishment	Minimum Number Required	Maximum Number Allowed
	A	More than 15,000 but not more than 45,000 sq. ft.	none	One
	B	More than 10,000 but not more than 15,000 sq. ft.	none	Two
	C	More than 7,000 but not more than 10,000 sq. ft.	(none)	Three (subject to § 198-2308.3.2)
	D	More than 5,000 but not more than 7,000 sq. ft.	(none)	Five (subject to § 198-2308.3.2)
	E	Not more than 5,000 sq. ft.	Seven	Unlimited

2308.3.2. In the mixed-use project, any square footage not used in Size Category A can be allocated to one or more of Categories C, D, and E; any square footage not used in Size Category B can be allocated in one or more of Categories C, D, and E; any square footage not used in Size Category C can be allocated in one or more of Categories D and E; and any square footage not used in Size Category D can be allocated in Category E; all by increasing the maximum number of establishments allowed in a category into which unused square footage has been allocated,

§ 198-2309 Performance Standards.

2309.1. Landscaping.

2309.1.1. Landscaping within the MUOD shall be designed to promote the establishment, protection and enhancement of the natural landscape; ensure the appropriate use of plant material; preserve natural tree cover; and promote inclusion of new tree planting in order to reduce visual blight, noise and glare, prevent soil erosion, reduce stormwater runoff, increase groundwater discharge, create shade, and reduce solar overheating.

2309.1.2. The applicant shall prepare a landscaping plan showing that the mixed-use project will meet these standards and the standards set forth in § 198-606.

2309.2. Massing.

2309.2.1. Massing within the MUOD should promote buildings designed in a traditional New England style and create a mixed-use project with an authentic, New England regional character to its buildings.

2309.2.1.1. Any buildings proposed for a mixed-use project shall provide visual relief, generally every 30 feet, along the facade of each building.

2309.2.1.2. Building design throughout a mixed-use project shall include designs which promote visual relief by including varying roof lines and roof heights.

2309.2.1.3. A mixed-use project shall include residential buildings and buildings with multiple nonresidential uses and a mix of buildings containing single or multiple establishments.

2309.3. Screening and buffer requirements.

2309.3.1. Screening and buffering should create visual barriers between features of the mixed-use project from public streets and abutting properties. Such features shall include dumpsters and trash handling areas, mechanical equipment at ground level or rooftop, service entrances and utility facilities for building operation, loading docks and spaces, aboveground backflow preventers, and other components of the mixed-use project as may be reasonably determined by the Planning Board to require screening and buffering.

2309.4. Signs.

2309.4.1. Signage must (a) be in keeping with a traditional New England town center; and (b) be integrated into the overall architectural design of the mixed-use project.

2309.4.2. The following dimensional standards apply:

	Size Category (see § 198- 2308.3.1)	Area of Any Single Sign on a Primary Wall	Area of Any Single Sign on a Secondary Wall
	A	Up to 120 sq. ft.	Up to 60 sq. ft.
	B	Up to 60 sq. ft.	Up to 40 sq. ft.
	C, D, E	Up to 40 sq. ft.	Up to 25 sq. ft.

An establishment can have only one primary wall, to be designated in the signage plans referenced in § 2309.4.6. All other designations will be made in the signage plans.

2309.4.3. For Size Category B, the allowed aggregate area of an establishment's main signs on the primary wall can be up to 90 sq. ft.

2309.4.4. For all size categories, the aggregate area of signage will be determined by special permit.

2309.4.5. Signs may be illuminated externally, but no sign can be illuminated internally.

2309.4.6. The applicant shall prepare signage plans indicating aggregate signage, maximum sign area, and proposed lighting, demonstrating that signs and proposed lighting will comply with § 198-2309.4, § 198-501 (except that the area and height limits specified in § 198-501.1 shall not apply), and the Planning Board's rules and regulations for the MUOD.

2309.4.7. By special permit, the Planning Board may allow signage that varies from that which is permitted in §§ 198-501.1 and 198-2309.4, including signage not on the same premises as the building, structure, or use to which the signage pertains (provided the signage is still within the MUOD).

2309.5. Stormwater management.

2309.5.1. The stormwater management system within the MUOD should provide an adequate system for managing stormwater and should comply with all applicable federal, state and local laws, rules, regulations and bylaws, including the Stormwater Management Policy of the Massachusetts Department of Environmental Protection or any successor agency.

2309.6. Streets.

2309.6.1. Streets within the MUOD should provide for adequate access for emergency vehicles; accommodate the normal traffic expected in the mixed-use project; provide for safe pedestrian access; and maintain pedestrian flow in, between, and throughout the residential and nonresidential portions of the MUOD,

2309.6.2. The streets serving the mixed-use project shall comply with the Planning Board's rules and regulations governing the subdivision of land, except to the extent waived by the Planning Board, and the Planning Board's rules and regulations for the MUOD.

2309.7. Parking and loading standards.

2309.7.1. The parking and loading design within the MUOD must provide adequate parking for the mixed-use project, including for any educational, religious, and municipal uses and for any child-care facilities; allow for shared parking as appropriate; create parking fields separated by landscaped areas; create off-street parking areas that minimize curb cuts within the mixed-use project; and create safe and comfortable passageways for pedestrians.

2309.7.1.1. A mixed-use project shall provide multiple small parking areas of 50 or fewer spaces.

2309.7.1.2. Any larger parking areas shall be separated, whether by buildings, landscape features, or both. At least 10% of the interior of the parking area shall be maintained with landscaping, including trees, in landscape islands.

2309.7.1.3. Small parking areas shall be designed to include sidewalks at the perimeter to promote safe pedestrian passage; larger areas may incorporate pedestrian corridors delineated by paving materials, plantings and/or bollards.

2309.7.1.4. The provisions of §§ 198-506 and 198-507 of the Town's Zoning Bylaw shall not apply to the mixed-use project, except that all off-street parking shall be subject to the provisions of §§ 198-506.6 and 506.7; and except that all off-street loading facilities shall be subject to the provisions of § 198-507.

2309.7.1.5. For nonresidential and nonmunicipal establishments, off-street parking space shall be provided at a minimum of five parking spaces per 1,000 square feet of gross floor area.

2309.7.1.6. For residential uses, parking space shall be provided at a minimum of two parking spaces per dwelling unit.

2309.7.1.7. For any and all uses or structures not specifically provided for in the foregoing provisions, the parking design shall provide such parking spaces as the Planning Board shall determine to be necessary, considering the activities involved, to provide a maximum of safety and a minimum of congestion on the adjacent roadways.

2309.7.2. An application for an MUP master special permit must include a parking/loading plan setting forth the number, location, and design (including landscaping and lighting) of parking spaces and loading areas. The application must also include a parking-and-loading study that supports the design of the parking/loading plan. Such study must be prepared by a qualified traffic engineer who is licensed by the Commonwealth of Massachusetts as either a professional traffic or transportation engineer or a professional civil engineer with certification by the Transportation Professional Certification Board as a professional traffic operations engineer, as may be more fully described in the Planning Board's rules and regulations for the MUOD. If such study demonstrates that the interaction of uses will allow for shared parking and thus for a reduction in the otherwise-required minimum number of parking spaces, the Planning Board may, in Phase I or Phase II site plan review, approve such a reduction.

2309.8. Lighting.

2309.8.1. The lighting design within a mixed-use project should accommodate public safety and welfare, and protect the night sky from unnecessary ambient light. Any lighting plan submitted for a mixed-use project shall, at a minimum, include the following:

2309.8.1.1. All lighting installations shall be designed to achieve no greater than the minimum luminance levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA).

2309.8.1.2. To prevent glare on off-site locations, all outdoor lighting fixtures shall be full cutoff. Where necessary to prevent light trespass or glare, accessories such as hoods and shields shall be used on lighting fixtures. The source of light shall be so arranged and shielded as to prevent direct glare from the light source into any public street or onto adjacent property.

2309.8.1.3. Security lighting shall be shielded and directed at a downward angle.

2309.8.2. The applicant must submit a lighting study showing that the mixed-use project will meet these standards and the applicable standards set forth in § 198-606.

2309.9. Open space.

2309.9.1. The design of the mixed-use project shall promote and ensure public common space within the MUOD. Any MUP master special permit shall provide at least two acres of contiguous upland open space to serve as a public commons, and additional suitable open space throughout the mixed-use project to serve public purposes; provided, however, the Planning Board may approve a smaller open space area where such open space promotes the purposes set forth in this standard. The applicant shall prepare an open space plan indicating the bounds of such open space, and a plan for the ownership, operation and maintenance of the open space.

2309.10. Aquifer protection.

2309.10.1. The mixed-use project must comply with Article 16 of the Town's Zoning Bylaw (the "Aquifer Protection District" bylaw); provided, however, that § 198-1604.1 shall not apply and that for purposes of §§ 198-302.2 and 198-1604.2, no land within the MUOD shall be construed to be a "residential lot."

2309.10.2. The Article 16 groundwater recharge requirements shall be inapplicable to the extent necessary (and only for the duration of time specified by the LSP) to comply with an activity-and-use limitation or other restriction imposed on the site by or under the supervision of the licensed site professional of record (LSP) acting pursuant to the provisions of MGL c. 21E or 310 CMR 40.000 et seq., as evidenced by documentation from the LSP of record submitted to the Planning Board.

2309.10.3. The Article 16 groundwater recharge requirements shall be inapplicable to the extent inconsistent with (and only for the duration of time specified by the LSP) a response action taken or a response action to be undertaken pursuant to the provisions of MGL c. 21E or 310 CMR 40.000 et seq., with respect to oil or hazardous materials on this site or affecting the site, as evidenced by documentation from the LSP of record submitted to the Planning Board.

2309.10.4. Notwithstanding any provision of Article 16 to the contrary, the impervious surface area of a mixed-use project shall not exceed 65% of the upland area of the MUOD.

2309.11. Affordable units.

2309.11.1. In lieu of Article 22 of the Town's Zoning Bylaw (the "Inclusion of Affordable Housing" bylaw), the following standards shall apply in the MUOD. At least 12% of the dwelling units shall be affordable units. The term "affordable unit" shall mean a dwelling unit reserved in perpetuity for rental or ownership by a household earning less than 80% of area median family income, and priced to conform with the standards of the Massachusetts Department of Housing and Community Development (DHCD) for rental or ownership units set forth in 760 CMR 45.03(4), as amended from time to time, in order that such affordable units shall be included in the DHCD Subsidized Housing Inventory. Affordable units shall be subject to the following conditions:

[Amended 11-18-2009 STM by Art. 3]

2309.11.1.1. Each affordable unit shall be affordable in perpetuity. A deed rider or other suitable restriction shall assure this condition. The deed rider shall be structured to survive any and all foreclosures.

2309.11.1.2. When an affordable unit is proposed for sale, the continuing enforcement of the deed rider through subsequent resales shall be the subject of a monitoring agreement and in accordance with §§ 198-2207.3 and 198-2207.6 of Article 22 of the Town's Zoning Bylaw.

2309.11.1.3. The deed rider and the monitoring agreement shall be drafted in compliance with 760 CMR 45.00 (Local Initiative Program), as amended from time to time, and guidelines promulgated thereunder. The deed rider and the monitoring agreement shall be subject to review and approval by the Planning Board and approved as to form by Town Counsel prior to the issuance of the first certificate of occupancy for any dwelling unit in the MUOD.

2309.11.1.4. The affordable units shall conform to the DHCD standards for inclusion in the DHCD Subsidized Housing Inventory.

2309.11.1.5. A right of first refusal in accordance with § 198-2207.7 of the Town's Zoning Bylaw shall be granted to the Town or its designee for a period not less than 120 days after notice thereof.

2309.11.1.6. The affordable units must satisfy the design and construction standards of the Local Initiative Program, 760 CMR 45.00, as amended from time to time, with regard to indistinguishability from market-rate units. It is the intent of this Article 23 that the affordable units shall be eligible for inclusion in the DHCD Subsidized Housing Inventory as Local Initiative Program units.

2309.11.1.7. The affordable units must be constructed and occupancy permits obtained at the rate of one affordable unit for every three market-rate units.

2309.11.1.8. In computing the number of required affordable units, any fraction of a unit shall be rounded up, and the result shall be the number of affordable units to be built within the MUOD and not off site.

2309.12. Efficiency of design.

2309.12.1. Every effort shall be made to design buildings and use materials and construction techniques to optimize daylight in building interiors, natural ventilation, and energy efficiency; to minimize exposure to and consumption of toxics and nonrenewable resources; and to incorporate appropriate "green" design techniques.

2309.13. Utilities.

2309.13.1. To the extent practicable, electric, telephone, cable TV, and other utilities on the site shall be placed underground.

§ 198-2310 Peer review.

2310.1. The Planning Board, at the expense of the applicant and pursuant to MGL c. 44, § 53G, may engage qualified peer reviewers, including, but not limited to, traffic engineers, civil engineers, landscape architects, architects, wetlands scientists, lighting technicians, and attorneys, to review all concept plans, special permit applications and site plan review applications.

§ 198-2311 Rules and regulations.

2311.1. The Planning Board shall adopt and may, from time to time, amend, reasonable rules and regulations for special permit applications and site plan reviews in the MUOD and for the implementation of this article. Such rules and regulations shall take effect upon their filing with the Town Clerk. Applications must be submitted on a form provided by the Planning Board and must be in accordance with those rules and regulations in effect at the time of such application. If later amendments of the Planning Board's rules and regulations for the MUOD change any of the submittal requirements, the Planning Board can request additional submittals from the applicant to the extent that doing so is reasonable and appropriate.

§ 198-2312 Relation to other requirements.

2312.1. The submittals required by this article shall be in addition to any submittals required by the Massachusetts Subdivision Control Law and the Planning Board's rules and regulations on subdivision control.

§ 198-2313 Inapplicability of certain other regulations.

2313.1. Where this article specifies some standard or makes some other requirement contrary to a requirement set forth elsewhere in the Town's Zoning Bylaw, the provisions of this article, as may be amended from time to time, shall govern.