CONSTRUCTION, START OR COMMENCEMENT
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NONCONFORMING BUILDING OR LOT
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NONCONFORMING USE
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SITE PREPARATION
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AFFORDABLE HOMEOWNERSHIP UNIT — An affordable housing
unit required to be sold to an eligible household in accordance with
the requirements of this Bylaw.
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AFFORDABLE HOUSING — Housing that is affordable to and
occupied by eligible households.
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AFFORDABLE HOUSING RESTRICTION — A deed restriction of
affordable housing meeting the requirements in MGL c. 184, § 31,
and the requirements of this Bylaw.
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AFFORDABLE RENTAL UNIT — An affordable housing unit required
to be rented to an eligible household in accordance with the requirements
of this Bylaw.
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APPLICANT — A landowner or other petitioner that files
a plan for a development project subject to the provisions of the
SG.
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APPROVING AUTHORITY — The Planning Board of the Town of
Marblehead acting as the authority designated to review projects and
issue approvals under this Bylaw.
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AS-OF-RIGHT DEVELOPMENT — A development project allowable
under this Bylaw without recourse to a special permit, variance, zoning
amendment, or other form of zoning relief. A development project that
is subject to the plan review requirement of this Bylaw shall be considered
an as-of-right development.
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DESIGN STANDARDS — The document entitled Marblehead Smart
Growth Overlay District Design Standards, as amended, approved by
DHCD May 1, 2009, pursuant to MGL c. 40R, § 10. The design
standards are applicable to all development projects within an SG
that are subject to plan review by the approving authority.
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DEVELOPMENT LOT — One or more lots meeting the dimensional
requirements of this Bylaw which are designated as a development lot
on a plan for a development project proposed within an SG and for
which plan approval is required under the provisions of this Bylaw.
The lots comprising a development lot need not be in the same ownership
but within the application review period the applicant must demonstrate
site control of all land shown on the plan.
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DEVELOPMENT PROJECT — A residential or mixed-use development undertaken under this § 200-44. The limits of a development project shall be identified on the plan which is submitted to the approving authority for plan review.
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DHCD — The Massachusetts Department of Housing and Community
Development (DHCD) or any successor agency.
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ELIGIBLE HOUSEHOLD — An individual or household whose
annual income is below 80% of the area-wide median household income
as determined by the United States Department of Housing and Urban
Development (HUD), adjusted for household size, with income computed
using HUD's rules for attribution of income to assets.
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HOUSEHOLD INCOME, MEDIAN — The median income, adjusted
for household size, as reported by the most recent information from,
or calculated from regulations promulgated by, the United States Department
of Housing and Urban Development (HUD).
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MIXED-USE DEVELOPMENT PROJECT — A development that includes
a building or buildings with a minimum of 25% of the floor area on
the street level devoted to one or more nonresidential use. A minimum
of 50% of the total gross floor area in a mixed-use development project
shall be devoted to residential uses.
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MONITORING AGENT — A qualified housing organization designated
by the Marblehead Select Board with the power to monitor and to enforce
compliance with the provisions of this Bylaw related to affordable
housing units, including but not limited to computation of rental
and sales prices; income eligibility of households applying for affordable
housing units; administration of an approved housing marketing and
resident selection plan; and recording and enforcement of an affordable
housing restriction for each affordable housing unit in an SG.
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MULTIFAMILY DEVELOPMENT PROJECT — A residential development
that contains a building or buildings(s) with more than three dwelling
units.
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NONRESIDENTIAL USE — A use that is listed as an allowed
retail and consumer service use or an allowed institutional and recreational
use in the B1 Zoning District, without need for a special permit,
in the Zoning Bylaws, Table 1, Land Use Regulations,[1] in effect as of the date of adoption of this § 200-44.
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OFFICE — A place of business of a professional organization
or the administration facility of a commercial or industrial organization.
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PLAN — Plans depicting a proposed development project
for all or a portion of the SG and which is submitted to the approving
authority for its review and approval in accordance with the provisions
of this Bylaw and the design standards.
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PLAN APPROVAL — The approving authority's authorization
for a proposed development project based upon a finding of compliance
with this Bylaw and design standards after the conduct of a plan review.
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PLAN REVIEW — The review procedure established by § 200-44K of this Bylaw and administered by the Planning Board of the Town of Marblehead as the approving authority.
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RENOVATION — Physical improvement that adds to the value
of the real property. Painting, ordinary repairs, and other normal
maintenance do not constitute a renovation.
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SETBACK — Please refer to Article V, Dimensional Regulations, § 200-15B(3), of the Marblehead Zoning Bylaw in effect as of the date of adoption of this Bylaw.
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SG or DISTRICT — The Smart Growth Overlay District, an
overlay zoning district adopted pursuant to MGL c. 40R, in accordance
with the procedures for zoning adoption and amendment as set forth
in MGL c. 40A and approved by the Department of Housing and Community
Development pursuant to MGL c. 40R and 760 CMR 59.00.
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UNDERLYING ZONING — The zoning requirements adopted pursuant
to MGL c. 40A that are otherwise applicable to the geographic area
in which the SG is located, as said requirements may be amended from
time to time.
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UNDULY RESTRICT — A provision of the SG or a design standard
that adds unreasonable costs or unreasonably impairs the economic
feasibility of a proposed development project in an SG.
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UNRESTRICTED UNIT — A dwelling unit that is not restricted
as to rent, price or eligibility of occupants.
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ZONING BYLAW — The Zoning Bylaw of the Town of Marblehead,
Massachusetts, adopted in accordance with and pursuant to the provisions
of MGL c. 40A.
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ZONING MAP — The Zoning Map of the Town of Marblehead,
Massachusetts, adopted in accordance with and pursuant to the provisions
of MGL c. 40A.
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Table E
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---|---|---|---|
Allowable Uses
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Residence Uses
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SG Pleasant Street District
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SG Vinnin Square District
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Multifamily development project
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No1
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Yes
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Mixed-use development project
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Yes
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Yes
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NOTES:
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1 The approving authority may grant a waiver pursuant to § 200-44L of this Bylaw to allow a multifamily development project in the SG Pleasant Street District upon a finding that the inclusion of a nonresidential use at the street level would unduly restrict opportunities for development.
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Table G
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---|---|---|---|---|---|---|---|---|---|
Table of Dimensional and Density Requirements
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District
|
Min. Lot Area
(sq. ft.)
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Max. Residential Density
(units/ acre)
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Min. Frontage
(linear ft.)
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Min. Front Setback
(linear ft.)
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Min. Side Setback
(linear ft.)
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Min. Rear Setback
(linear ft.)
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Min. Open Area
(%)
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Max. Height
(ft.)
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SG Pleasant Street District
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10,000
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51
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35
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N
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(1)
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(1)
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N
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50
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SG Vinnin Square District
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10,000
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30
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35
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N
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(1)
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(1)
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(2)
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42
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NOTES:
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N — None
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(1) — Except as to any boundary abutting any other business
district, six feet; as to any boundary abutting any residential district,
nine feet. May be reduced at the discretion of the approving authority.
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(2) — One square foot of open land area (in addition to
the areas of required parking spaces for such lot) for each two square
feet of gross floor area.
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Table H
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---|---|---|---|
Off-Street Parking Minimum Required Parking
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Use
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Vinnin
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Pleasant
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Dwelling unit (1 bedroom)
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2.0 spaces
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1.0 space
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Dwelling unit (2 bedrooms)
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2.0 spaces
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1.5 spaces
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Dwelling unit (3 bedrooms)
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2.0 spaces
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2.0 spaces
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Dwelling unit (4 bedrooms)
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2.0 spaces
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2.5 spaces
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Nonresidential use
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1.0 space/300 square feet
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1.0 space/500 square feet
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