(Editor's Note: The Table of Principal Uses is now located at
the end of this chapter.)
Accessory uses shall be such that they do not alter the character of or impair the neighborhood. They shall be on the same lot with the principal use. (See definition, §
135-102.)
A. There shall be permitted as accessory uses a garage for not more
than three cars, a shed and a swimming pool. Other buildings or structures
may be authorized by the special permit granting authority (SPGA).
B. It shall be permitted for a household to park on its driveway one
registered motor vehicle per household, plus one registered motor
vehicle per household resident having a valid driver's license. Each
vehicle shall be 10,000 pounds gross weight or less.
C. The outdoor storage of one unregistered motor vehicle (not defined
as junk) with a valid inspection slicker for a period not to exceed
90 days within one calendar year.
[Added 5-10-2004 ATM by Art. 38]
D. The storage of one of the following items registered to the address
of the site on which it is stored—one camper, one recreational
vehicle, or one registered boat on a trailer—and no longer than
35 feet in length, provided that said storage is not located closer
than 10 feet from a front lot line and five feet from a side lot line.
[Added 5-10-2004 ATM by Art. 38]
[Amended 5-27-1998 ATM by Art. 40; 5-10-2004 ATM by Art. 39]
A. The parking or storage of more than one commercial motor vehicle
registered or unregistered.
B. The accommodation of, or the renting of space to, more than three
lodgers, boarders or paying guests.
D. An advertising sign, except a temporary real estate sign less than
four square feet advertising the property on which it is placed.
E. The outdoor storage at any time of parts or bodies of motor vehicles.
F. The outdoor storage of "junk," as defined in §
135-102.
G. Common driveways are not allowed for more than two lots, except for
cluster or multifamily developments.
[Amended 5-3-1993 ATM by Art. 40; 10-29-1996 STM by Art. 20]
A. Exterior kiosks shall not be considered accessory uses.
B. Drive-through windows shall not be considered accessory uses. They
shall be considered part of the principal use.
C. Accessory uses shall not adversely impact the flow of traffic on
or off site.
D. Billboards shall not be considered an accessory use.
[Added 3-17-2015 by Ord.
No. 14-066(5)]
A. To assure protection from damage by fire, the Town of Braintree is
hereby divided into two fire districts. Said districts shall be superimposed
over existing zones and shall be shown on Zoning Maps.
B. The following fire districts are hereby established:
(1)
Fire District No. 1.
(a)
North by a line from Ivory Street to Franklin Street, through
Union Place and Central Avenue, westerly by Franklin Street and Washington
Street to Plain Street, southerly by Plain Street to Ivory Street
Extension, easterly by Ivory Street to the point of beginning.
(b)
Southerly by a line from Washington on Church Street to Conrail
Tracks to Clark Street, easterly by Clark Street across Washington
Street, to a point on Hollis Avenue 100 feet west of Washington Street,
northerly by a line 100 feet west of and parallel to Washington Street
to the point of beginning.
(c)
North by the Penn Central tracing, easterly by Smelt Brook and
Weymouth line, southerly by a line 200 feet south of and parallel
to Commercial Street, westerly by Peregrine Road and a line from the
junction of Peregrine Road and Commercial Street to the junction of
Shaw Street and the railroad.
(2)
Fire District No. 2. All areas not included in Fire District
No. 1.
[Amended 5-3-2004 STM
by Art. 18; 5-3-2004 STM by Art.
19; 8-14-2012 by Ord. No. 12-030R]
A. Purpose. The purpose of Wetlands and Floodplain Protection Districts
is to:
(1)
Protect the health and safety of persons and property against
one-hundred-year-frequency flooding and the hazard of water inundation;
(2)
Control one-hundred-year-frequency flooding and regulate the
development of land and the construction of buildings and structures
within the district;
(3)
Preserve and maintain the groundwater table. Since these areas
contribute to the natural storage of water during times of maximum
rainfall, it is intended that the areas be controlled and conserved
in as near their present state as possible, and that any change therein
as herein provided shall not substantially affect surface or ground
water levels nor jeopardize the public health or safety nor derogate
from the intent and purpose of this district.
B. Wetland and Floodplain District.
(1)
For the purpose of this section, Wetlands and Floodplain Protection
Districts shall be all land surfaces that will be covered by floodwaters
that will theoretically result from the statistical one-hundred-year-frequency
storm.
(2)
The boundaries of the Wetlands and Floodplain District shall
be determined as follows:
(a)
The Floodplain District is herein established as an overlay
district. The district includes all special flood hazard areas within
the Town of Braintree designated as Zone A, AE, or VE on the Norfolk
County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency
Management Agency (FEMA) for the administration of the National Flood
Insurance Program. The map panels of the Norfolk County FIRM that
are wholly or partially within the Town of Braintree are panel numbers
25021C0206E, 25021C0207E, 25026C0208E, 25026C0209E, 25026C0217E, 25026C0226E,
25026C0227E, 25026C0228E, and 25026C0236E dated July 17, 2012. The
Flood Insurance Rate Maps (FIRM) and the Flood Insurance Study (FIS)
report are incorporated herein by reference and are on file with the
Town Clerk, Planning and Community Development Office (Planning Board
and Conservation Commission), Department of Inspectional Services
and the Department of Public Works - Engineering Division.
(b)
By use of flood profile data from the Flood Insurance Study
and the Flood Insurance Rate Map (FIRM) dated July 17, 2012, produced
by the National Flood Insurance Program administered by the Federal
Emergency Management Agency (FEMA).
(c)
Through recorded observation of maximum observed flood elevations.
(d)
In the absence of (a) and (b) above and if the SPGA determines
that flooding exists the Wetlands and Floodplain District boundary
shall be 50 feet from any wetlands as defined in MGL c. 131. Wet meadows,
marshes, swamps or bogs that have an area less than 1,000 square feet
shall be exempt from this section. In determining whether a site is
within a Wetlands and Floodplain District, the SPGA may require an
applicant to submit flood studies prepared by a registered professional
engineer licensed in Massachusetts.
(3)
In Zone AE, along watercourses that have a regulatory floodway
designated on the Norfolk County FIRM, encroachments are prohibited
in the regulatory floodway which would result in any increase in flood
levels within the community during the occurrence of the base flood
discharge.
(4)
In Zone A and AE and other flood areas and those areas known
to the Town to flood along watercourses that have not had a regulatory
floodway designated, the best available federal, state, local or other
floodway data shall be used to prohibit encroachments in floodways
which would result in any increase in flood levels within the community
during the occurrence of the base flood discharge.
(5)
In unnumbered special flood hazard areas (SFHAs), base flood
elevation data is required for subdivision proposals or other developments
of five acres.
C. Uses.
(1)
For the purpose of this section, the Wetlands and Floodplain
Protection District shall be considered to be overlaid on the other
zoning districts.
(2)
In the Wetlands and Floodplain Protection District, no permit
shall be issued for development in any area designated as a floodway.
(3)
No permit shall be issued for the construction of a critical
facility within the special flood hazard areas (SFHAs) and/or five-hundred-year
floodplain.
(4)
In the Wetlands and Floodplain District, no building or structure
shall be constructed, improved, altered or modified and no land shall
be filled, excavated or otherwise changed in grade except pursuant
to a special permit authorized by the SPGA. An alteration to an existing
structure which does not affect flood storage or the floodway, as
determined by the Planning staff, shall not require a special permit
under this section .
(5)
All new buildings built on fill must be:
(a)
Constructed on properly designed and compacted fill (e.g., ASTM
D-698 or equivalent); and
(b)
Fill extends at least five feet beyond the building walls before
dropping below base flood elevation; and
(c)
The fill has appropriate protection from erosion and scour.
(6)
Man-made alterations of sand dunes within Zone VE which would
increase potential flood damage are prohibited.
(7)
All new construction within Zone VE must be located landward
of the reach of mean high tide.
(8)
All subdivision proposals must be designed to assure that:
(a)
Such proposals minimize flood damage;
(b)
All public utilities and facilities are located and constructed
to minimize or eliminate flood damage; and
(c)
Adequate drainage is provided to reduce exposure to flood hazards.
D. Application for a special permit.
(1)
Each applicant for a special permit under this section shall file for a special permit in accordance with the provisions of Article
V of this chapter and with any rules and regulations as may have been adopted by the SPGA. All applications for special permits shall be processed in accordance with the provisions of Article
V of this chapter.
(2)
In addition to the submission requirements stipulated in Article
V, the plan(s) submitted shall show:
(a)
The location dimensions and elevation [based on North American
Vertical Datum (NAVD)] of existing and proposed buildings and structures;
(b)
Existing and proposed contours at one-foot intervals of the
land based on NAVD datum;
(c)
A contour delineating the one-hundred-year-storm frequency elevation
shall be distinctly designated;
(d)
Other information deemed necessary by the SPGA to indicate the
complete physical characteristics of the area and the proposed construction
and/or grading.
E. Criteria for approval. The SPGA may issue a special permit pursuant
to this section provided the SPGA finds that:
(1)
The proposed construction and/or change in grade will not derogate
from the intent and purpose of the Wetlands and Floodplain District;
(2)
The proposed construction and/or change in grade will not endanger
the health and safety of the public;
(3)
The lowest floor, including the basement or cellar, of any new
or substantially improved residential building shall be a least one
foot above the base flood elevation;
(4)
Nonresidential construction or improvements shall be elevated
or floodproofed to one foot above the base flood elevation;
(5)
The proposed construction and/or change in grade shall not:
(a)
Obstruct or divert flood flow;
(b)
Reduce natural storage or increase stormwater runoff to the
extent of raising the base flood elevation. Written certification
of such shall be provided by a registered professional engineer;
(6)
The proposed system of drainage and sewage disposal shall not
cause pollution or otherwise endanger public health;
(7)
The proposed structures shall be constructed to counteract any
buoyancy or water impacts;
(8)
The proposed construction shall have street or other appropriate
vehicular access at least one foot above the base flood elevation.
F. Constructions of permit. In granting a special permit consistent
with uses permitted in the district in which the site is located,
the SPGA shall impose conditions designed to:
(1)
Safeguard the health and safety of occupants of the premises
and of other land in and adjacent to the district; and
(2)
Ensure that the requirements of all government agencies from
which approval is required have been met regarding, but not limited
to, the following:
(a)
Placement of building or structure;
(b)
Type of foundation such as posts with blowout panels;
(d)
Method of anchoring building to foundation;
(e)
Design of drainage system, including private sewage disposal
work;
(g)
Area and depth of any excavation of fill;
(h)
All floodproofing methods or proposals.
G. Compliance with other regulations. All development in the district
including structural and nonstructural activities whether permitted
by right or by special permit must be in compliance with the following
(where applicable):
|
780 CMR, Massachusetts State Building Code, sections of which
address floodplain and coastal high hazard areas
|
|
310 CMR 10.00, Wetlands Protection Regulations, Department of
Environmental Protection (DEP)
|
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310 CMR 13.00 Inland Wetlands Restriction, DEP
|
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310 CMR 12.00, Coastal Wetlands Restriction, DEP
|
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310 CMR 15, Title 5, Minimum Requirements for the Subsurface
Disposal of Sanitary Sewage, DEP
|
H. Administration.
(1)
The SPGA shall maintain complete and accurate records of issuance
of special permits, including records of elevation and floodproofing
levels for all new or substantially improved structures, whether or
not such structures contain a basement.
(2)
The SPGA shall require the developer, at his or her expense,
to provide as-built floodproofing certifications of nonresidential
construction by a registered professional engineer. Such certification
shall be in conformance with the requirements of the Federal Insurance
Administration Rules and Regulations, Title 44, Code of Federal Regulations
Part 60, Subpart A, Section 60.3(c)(4).
(3)
Prior to the alteration of or relocation of any river or watercourse,
the SPGA shall notify:
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Adjacent Communities
|
|
|
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NFIP State Coordinator/Specialist
|
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DCR Flood Hazard Management Program
|
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251 Causeway Street- Suite 800
|
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Boston, MA 02114-2104
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|
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NFIP Program Specialist
|
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Federal Emergency Management Agency, Region I
|
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99 High Street, 6th Floor
|
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Boston, MA 02110
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A. Purpose of district. A Watershed Protection District (WPD) is established
for the following purposes:
(1)
To protect, preserve and maintain the water table and water
recharge areas within the Town and potential sources of water supply
for public health and safety;
(2)
To preserve and protect lakes, ponds, streams, brooks, wetlands,
and other water bodies and watercourses within the district;
(3)
To protect the community from the detrimental uses of land and
waters within the district; and
(4)
To conserve the watershed areas for the health, safety, welfare
and enjoyment of the public.
B. Establishment and definition of district.
(1)
The WPD shall include all lands which comprise the catchment
or drainage areas for Braintree's water supply. The district includes
all areas designated on the Watershed Protection District Map for
the Town of Braintree as most recently amended. Said map is hereby
made part of the Town Zoning Map(s).
(2)
The WPD is an overlay district and shall be superimposed on
the other districts established by this chapter. Uses not authorized
in the underlying district are not authorized within the overlay district.
C. Permitted uses. The following uses are authorized within the WPD:
(1)
Conservation of soil, water, plants and wildlife.
(2)
Outdoor recreation, nature study, boating and fishing.
(3)
Boat docks, landings, footpaths, bicycle paths, horse paths
and bridges.
(4)
Proper operation and maintenance of existing dams, splash boards
and other water control, supply and conservation devices.
(5)
Residential development as authorized in the underlying districts.
Said development shall have a minimum lot size of one acre and such
lot shall not have more than 20% impervious surface.
(6)
Repair, maintenance and reconstruction of structures and uses
lawfully existing prior to the May 1982 adoption of this section.
(a)
Preexisting dwellings in residential districts may be expanded provided said expansion is in compliance with the dimensional and density requirements for the underlying zoning district set forth in §
135-701, and provided that coverage by impervious surface does not exceed 50% total lot area.
(b)
Preexisting structures in General Business and Highway Business
Zoning Districts may be expanded provided said expansion:
[1]
Is in compliance with density and dimensional requirements for the underlying zoning districts as set forth in §
135-701; and
[2]
Does not increase the amount of impervious surface by 2,000
square feet or by 10% of the existing impervious surface, whichever
is less.
(7)
Farming, gardening, nursery, conservation, forestry, harvesting
and grazing.
D. Prohibited uses. The following uses are prohibited within the Watershed
Protection District:
(1)
Landfills and the storage of salt and road deicing chemicals.
(2)
Disposal of leachable solid waste other than brush.
(3)
Disposal of hazardous wastes.
(4)
Dumping of snow brought in from outside the district.
(5)
Junkyards and salvage operations.
(6)
Animal feedlots, pastures or confinement areas, the storage
of manure or drainage from such activities if the site is also located
within the one-hundred-year floodplain as defined by the National
Flood Insurance Program.
E. Special permit uses. The issuance of a special permit shall be in accordance with §
135-609F, Article
V, and any additional conditions the special permit granting authority (SPGA) may impose. The SPGA may allow by special permit the following uses within the WPD:
(1)
Development in a commercial district, provided that there is
a minimum lot size of 43,560 square feet and that 40% open space per
total area is retained;
(2)
Development in business districts, provided that there is a
minimum lot size of 43,560 square feet and that a minimum of 30% open
space per total lot area is retained;
(3)
The construction of dams or other water-control devices, excluding
the temporary alteration of the water level for emergency or maintenance
purposes and periodic cleaning;
(4)
Creating ponds or other changes in water bodies or watercourses
for swimming, fishing or other recreational uses, agricultural uses
or drainage improvements.
F. Procedures for issuance of special permit.
(1)
Each applicant for a special permit under this section shall file for a special permit in accordance with the provisions of Article
V of this chapter and with any rules and regulations as may have been adopted by the SPGA. All applications for special permits shall be processed in accordance with the provisions of Article
V of this chapter.
(2)
The SPGA may grant a special permit provided that it finds that
the proposed use:
(a)
Is in harmony with the purpose and intent of this bylaw and
will promote the purpose of the WPD;
(b)
Is appropriate to the natural topography, soils and other characteristics
of the site to be developed;
(c)
Will not, during construction or thereafter, have an adverse
impact on any water body or watercourse in the district; and
(d)
Will not adversely affect an existing or potential water supply.
A. Purposes. Cluster development districts are established for the following
purposes:
(1)
To promote the more efficient use of land in harmony with its
natural features;
(2)
To encourage the preservation of valuable open space;
(3)
To promote diverse and energy-efficient housing at a variety
of costs;
(4)
To protect water bodies and water supplies, wetlands, floodplains,
agricultural lands, wildlife and other natural resources;
(5)
To promote aesthetics and other amenities;
(6)
To permit greater flexibility and creative design.
B. Rezoning criteria.
(1)
Permitted density in a cluster zone shall be determined at the
time land is rezoned and shall be based on the following:
(a)
The current zoning in adjacent areas;
(b)
The current zoning of the site being rezoned;
(c)
The suitability of the land for an increase or decrease in the
intensity of development, including:
[1]
Extent of wetlands and drainage areas.
[2]
Availability of utilities, including sewer and water.
[3]
Impact on roads, on schools and/or on other public facilities.
[4]
Other overlay zoning districts which affect the area to be rezoned.
[5]
Extent of steep slopes and ledge or other topographical characteristics
of the land.
C.
Density requirements. Cluster
zoning map shall permit a density of development as follows:
(a)
Cluster I Zone: one unit per 43,560 square feet of developable
land.
(b)
Cluster II Zone: one unit per 25,000 square feet of developable
land.
(c)
Cluster III zone: one unit per 15,000 square feet of developable
land.
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Developable land shall include all the land in the parcel excluding
that area defined as wetlands in MGL c. 131, § 40, and floodplain
areas as shown on the National Flood Insurance Program Flood Boundary
and Floodway Map (as most recently amended).
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D. Regulations. The special permit granting authority (SPGA) shall adopt
regulations for carrying out its duties under this section.
E. Procedures for issuance of special permit.
(1)
Each applicant for a special permit under this section shall file for a special permit in accordance with the provisions of Article
V of this chapter and with any rules and regulations as may have been adopted by the SPGA. All applications for special permits shall be processed in accordance with the provisions of Article
V of this chapter.
(2)
Contents of application. Applications for cluster development shall include a plan prepared in accordance with the provisions of Article
V and §
135-711 of this chapter. In addition, the applicant shall provide the following information:
(a)
The number of dwellings which could be constructed by means
of a conventional development plan, considering the whole tract.
(b)
An environmental analysis of the site to include at a minimum
wetlands, slopes, soil conditions, areas within the one-hundred-year
flood, trees over five inches in diameter at 4.5 feet above the ground
and such other natural features as the SPGA may request. A copy of
the environmental impact report shall be furnished with the application
if required by law.
(c)
A description of the neighborhood adjacent to the project, including
the adequacy of utilities and other public facilities and the impact
of the proposed development upon them.
(d)
Evaluation of the open land proposed within the development
with respect to its size, shape, location, natural resource values
and accessibility to the residents of both the Town and the cluster
development.
(e)
Traffic report if required by Article
XIV of Braintree Zoning Bylaw or by the SPGA.
(3)
Relation to Subdivision Control Act. SPGA approval of a special permit shall not substitute
for compliance with the Subdivision Control Act, nor obligate the
Planning Board to approve any related definitive plan for subdivision,
nor reduce any time periods for Board consideration under the law.
However, in order to facilitate processing, the Planning Board shall,
insofar as practical under existing law, act concurrently on a request
for both definitive subdivision plan and special permit approval.
F. Findings of the Board. In addition to the requirements specified in Article
V, the Board may grant a special permit under this section only if it finds that the cluster development meets the following criteria:
(1)
It is in harmony with the general purpose of this bylaw, the
requirements of MGL c. 40A, and the long-range plan(s) of the Town.
(2)
It will not have a detrimental impact on the neighborhood.
(3)
It is designed with due consideration for health and safety
and is superior to conventional development in preserving open space,
minimizing environmental disruption, allowing for more efficient provisions
of services or allowing for greater variety in prices or types of
housing.
(4)
The plan meets the requirements specified in §
135-610G,
H and
I.
G. Minimum dimensional requirements.
(1)
The minimum lot size for a cluster development shall be five
acres.
(2)
A cluster development shall meet all the dimensional and density requirements as set forth in §
135-701 of this chapter.
(3)
All single-family detached dwellings within a cluster development
shall have:
(a)
A minimum side yard separation between buildings of 20 feet;
(b)
A minimum rear yard separation between buildings of 40 feet;
(c)
A minimum front yard setback from the edge of pavement on accessways
of 15 feet.
(4)
All multifamily two-family dwellings within a cluster development
shall have:
(a)
A minimum side yard separation between buildings of 20 feet;
(b)
A minimum rear yard separation between buildings of 40 feet;
(c)
A minimum front yard setback from the edge of pavement on accessways
of 15 feet.
H. Required open land.
(1)
At least 50% of the site, exclusive of land set aside for accessways
and parking, shall be open space. At least 30% of the open space shall
be suitable for passive or active recreational use.
(2)
The open space and such other facilities as may be held in common
shall be conveyed to one of the following with notification to the
SPGA:
(a)
To a corporation or trust comprising a homeowners' association
whose membership includes the owners of individual lots or units contained
in the tract.
[1]
The developer shall include in the deed to owners of individual
lots or units beneficial rights in said open land. The developer shall
grant a conservation restriction to the Town of Braintree over such
land pursuant to MGL c. 184, §§ 31 to 33, to ensure
that such land be kept in an open or natural state. This restriction
shall be enforceable by the Town through its Conservation Commission
in any proceeding authorized by MGL c. 184, § 33.
[2]
In addition, the developer shall be responsible for the maintenance
of the common land and any other facilities to be held in common until
such time as the homeowners' association assumes said responsibility.
In order to ensure that the association will properly maintain the
land deeded to it under this section, the developer shall record at
the Norfolk Registry of Deeds a declaration of covenants and restrictions
which shall provide for the following: mandatory membership in an
established homeowners' association as a requirement of ownership
of any lot or unit in the tract and provisions for maintenance assessments
of all lots or units in order to ensure that the open land is maintained
in a condition suitable for the approved uses.
(b)
To a nonprofit organization, the principal purpose of which
is the conservation of said open space. The developer or charity shall
grant a conservation restriction as set out in (a) above.
(c)
To the Conservation Commission of the Town for open space use.
Said conveyance shall be subject to the approval of the Selectmen,
with a trust clause ensuring that it be maintained as open space.
(3)
Subject to the above, the open space may be used for recreational
purposes including golf courses, riding trails, tennis courts, gardens
and swimming pools.
I. Further requirements.
(1)
No use other than residential or recreational shall be permitted
in a cluster development.
(2)
Any lot shown on a plan for which a permit for cluster development
has been granted shall not be further subdivided, and a notation to
this effect shall be shown upon the plan.
(3)
A certificate of occupancy shall not be issued by the Building
Inspector until he/she has certified to the SPGA that the premises
have been built in accordance with the plan as approved by the SPGA.
(4)
The SPGA may impose conditions, safeguards, limitations on time
and use.
(5)
The SPGA may grant a special permit for clustering even if the
proposed development is not subject to the Subdivision Control Law.
(6)
Subsequent to granting of a special permit, the SPGA may permit
relocation of lot lines within the cluster. However, any change in
overall density, street layout, or open space layout will require
further public hearings.
[Amended 5-1991 ATM by Art. 36]
A. Purpose. The intent of the Planned Unit Development (PUD) Districts
is to provide a greater degree of flexibility for the development
of large tracts of land which provide residential, commercial, and
business activities on the same parcel of land in a planned, controlled
environment. A PUD proposal may contain both individual building sites
and common property which are developed as an integrated mixed land
use unit. The purposes of the PUD bylaw are to:
(1)
Allow for greater variety and flexibility in the development
of housing types.
(2)
Make housing units available to moderate-income residents who
might otherwise have difficulty finding homes within the Town.
(3)
Promote the permanent preservation of open space.
(4)
Facilitate the construction and maintenance of streets, utilities
and public services in a more economical and efficient manner.
(5)
Promote retail and service uses closely related to the residential
sections of the PUD in a manner which blends all land uses into an
aesthetically complementary whole.
B. Authority to grant permits. The Planning Board as special permit granting authority (SPGA) may grant a special permit for the construction of a PUD in a PUD Zoning District. A special permit granted under this section shall conform to MGL c. 40A, § 9, to §
135-502 of the Braintree Zoning Bylaw, and to any rules and regulations which the SPGA shall from time to time adopt for the purpose of carrying out its requirements under this section.
C. Minimum standards. To implement the intent of the PUD provision,
the following criteria shall be met:
(1)
The site under review shall be located in a PUD zoning overlay
district as approved by Town Meeting.
(2)
The proposed project areas shall encompass a contiguous minimum
land area of three acres.
(3)
The concept plans for the property must be submitted to Town
Meeting for approval prior to submission to the SPGA.
(4)
In no case shall there be less than 25% of the total land area
in open space and greater than 25% lot coverage. The SPGA shall have
the right, based on the individual project, to increase the above
minimum standards.
(5)
Retail/service activities shall be planned and constructed in
a manner architecturally similar and complementary to the residential
units within the proposed development.
(6)
The site under review shall be in single or consolidated ownership
at the time of application.
(7)
The PUD shall contain at a minimum two of the following uses:
residential, open space, business, or commercial.
(8)
The PUD shall have a minimum frontage of 100 feet.
D. Submission process.
(1)
Preapplication conference. Prior to the submission of an application
for a special permit under this section, the applicant shall confer
with the SPGA to obtain information and guidance on the preparation
of plans, surveys and other data.
(2)
Application process:
(a)
The applicant for a PUD shall submit an application for a special permit as required in §
135-502 of the Braintree Zoning Bylaw. Said application shall be acted upon in accordance with the provisions set forth in §
135-502 of the Braintree Zoning Bylaw.
(3)
Information required. An application for a PUD shall include
a plan or plans which meet the following specifications and provide
the following data:
(a)
All plans shall be drawn at a scale of one inch equals 40 feet
by a professional engineer, registered architect or registered landscape
architect.
(b)
The boundary plan shall be stamped by the registered land surveyor
who shall certify the accuracy of the location of the buildings, setbacks
and all other required dimensions, elevations and measurements.
(c)
PUD district boundaries, North arrow, date, scale, legend and
project title, the name or names of applicants and engineer or designer.
(d)
Names of all abutters, abutting land uses, and the approximate
location and width of all adjacent streets.
(e)
The location and extent of all proposed land uses including
open space, the number and types of residential units, the density
for each housing type, and overall project density.
(f)
All interior streets, roads, easements and their planned public
or private ownership, as well as all points of access and egress from
existing public rights-of-way.
(g)
Description of the manner in which any areas that are not publicly
owned are to be maintained, including open space, streets, lighting
and others according to the proposal.
(h)
The location of existing or proposed buildings on the lot which
shall include the total square footage and dimensions of all buildings
(including height), all building elevations and floor plans, and perspective
renderings, which depict the materials and colors to be used.
(i)
The location of the natural features of the site, including
wetlands, floodplains, slopes over 10%, soil conditions and other
features requested by the SPGA or required by the regulations of the
SPGA.
(j)
The overall water and sanitary sewer system with proposed points
of attachment to existing systems. The proposed stormwater drainage
systems and their relation to the existing systems.
(k)
The boundary lines of existing and proposed lots with areas
and dimensions. The distance of existing and proposed buildings from
the lot lines and the distance between buildings on the same lot.
(l)
Existing and proposed topographical lines at two-foot intervals.
(m)
The location and number of parking spaces, loading spaces, and
handicapped spaces.
(n)
A landscape plan which shall include the total square feet of
all landscape and recreation areas, and a depiction of materials to
be used, including the quantity, size and species of all plantings.
(o)
A description of the neighborhood in which the tract lies, including
utilities and other public facilities and the general impact of the
proposed PUD upon them.
(p)
Deed or other recorded instrument that shows the applicant to
be the owner of the land to be designated as a PUD or proof that the
applicant has the site under a purchase and sales agreement.
(q)
If the development is to be phased, a description and graphic
representation of the phasing of the entire proposal in terms of length
of time, type and manner of units or activities completed per phase.
(r)
Evidence as required by the reviewing boards of the applicant's
ability to complete the proposed PUD.
(s)
A written statement by the applicant setting forth the reason
why, in his opinion, the proposal would be in the public interest
and would be consistent with the Town goals and objectives.
(t)
A description of any covenants, grants of easement, or other
restrictions proposed to be imposed upon the use of the land, buildings
or structures, including proposed easements for public utilities.
(u)
A traffic report as required under Braintree Zoning Bylaw Article
XIV.
(v)
The applicant shall provide graphic and/or narrative descriptions
of the differences, if any, that would occur if the site were not
to be developed with a special permit under this chapter.
E. Density and dimensional requirements.
(1)
A PUD shall meet the lot size, the open space, lot coverage
and frontage requirements as set forth in § 135-611C of
the Braintree Zoning Bylaw.
(2)
Other dimensional and density requirements, including but not
limited to residential density, yard and height requirements, and
parking and loading dock requirements, shall be determined by the
SPGA. In no case shall there be less than 25% of the total land area
in open space and greater than 25% lot coverage. In determining other
dimensional and density requirements, the SPGA shall consider the
following factors:
(a)
Character of development in the abutting neighborhoods.
(b)
Individual characteristics of the project and the site.
(c)
Degree of open space proposed and the quality of the open space.
(d)
The percentage of lot coverage.
(e)
The public amenities to be provided.
(f)
The amount of affordable housing to be provided.
F. Factors to be considered by the SPGA. The SPGA review of a PUD application
shall include, but is not limited to, the following considerations:
(1)
Relationship of the PUD to the abutting neighborhoods to insure
the PUD is in harmony with and does not derogate from the neighborhoods.
(2)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, channelization structures, and
traffic control.
(3)
Adequacy and arrangement of pedestrian traffic access and circulation,
including separation of pedestrian from vehicular traffic, walkway
structures, control of intersections with vehicular traffic and pedestrian
convenience.
(4)
Location, arrangement, size and design of buildings, lighting
and signs.
(5)
Location, arrangement, appearance, and sufficiency of off-street
parking and loading.
(6)
Adequacy, type, and arrangement of trees, shrubs and other landscaping
constituting visual and/or noise-deterring buffer between adjacent
land uses and adjacent land.
(7)
In the case of multiple-family dwellings, the adequacy of usable
open space for playgrounds and informal recreation.
(8)
Adequacy of structures, roadways, and landscaping in areas with
moderate to high susceptibility to flooding and ponding and/or erosion.
(9)
Protection of adjacent properties against noise, glare, unsightliness,
or other objectionable features.
(10)
The presence of fair housing policies and a marketing plan to
promote fair housing.
G. In a PUD overlay district, all the zoning requirements of the underlying
zoning districts shall apply unless and until a special permit for
a PUD has been issued by the SPGA.
[Added 5-7-2002 STM by Art. 12]
A. Definition. The Village Zoning Overlay District is a set of requirements
which are superimposed on selected portions of the existing General
Business Zoning District centered around the intersections of Pearl
Street and Hancock Street and Washington Street in South Braintree
Square and Elm Street and Washington Street in Braintree Square (as
referenced on the Braintree Zoning Map).
B. Purpose.
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The purpose of the Village Zoning Overlay District is to regulate
the quality and scale of future development in selected areas of the
General Business District in order to maintain and/or create a harmonious
and consistent image for the development along Washington Street and
adjacent streets.
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The regulation specifically preserves the predominant scale
and character of the existing development by allowing site dimensions
tailored for the Village Zoning Overlay District.
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The regulation specifically provides a set of development standards
which promote a collective identity and encourage visual harmony.
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C. Applicability.
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As SPGA, the Planning Board may grant a special permit for nonresidential
construction in the Village Zoning District Overlay area. The provisions
of the Village Zoning Overlay District shall apply in addition to
the standard application requirement of special permits of the Braintree
Zoning Bylaw.
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A special permit granted under this section shall apply in accordance with MGL c. 40A, § 9 and Article V, § 135-502 of the Braintree Zoning Bylaw (site plan review), and to any rules and regulations which the SPGA shall from time to time adopt for the purpose of carrying out its requirements under this section.
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Provisions of the Braintree Zoning Bylaw and the following criteria
shall apply to development within the Village Zoning District Overlay
District. Where conflict exists between this section and other sections
of the Braintree Zoning Bylaw, the Village Zoning Overlay District
criteria shall supersede.
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D. Permitted uses. Except as herein provided, all uses allowed, regulated,
or prohibited in the underlying General Business Zoning District shall
be allowed, regulated, or prohibited in the Village Zoning Overlay
District.
E. Prohibited uses. No single use business structure of 10,000 square
feet or more shall be allowed.
F. Dimensional requirements.
(1)
General Business District requirements.
(2)
Under this section, the SPGA may waive strict compliance with dimensions as established in §
135-701 of the Braintree Bylaw. If SPGA waives compliance with §
135-701, then the SPGA shall determine dimensions within the range established below during the public hearing process.
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GB
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Minimum lot size
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5,000 to 15,000
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Lot width
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25 to 50
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Minimum frontage
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25 to 50
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Minimum depth
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60 to 85
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Maximum setback
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15
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Front yard
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0 to 10
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Side yard
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0 to 10
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Rear yard
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20
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Maximum height
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45/50*
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Maximum stories
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3
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Maximum building coverage
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80%
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Maximum lot coverage
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90%
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Minimum open space
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10%
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* In business districts, the height limitation is 50 feet for
habitable buildings and 45 feet for nonhabitable buildings.
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GB = General Business
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(3)
No building shall be located more than 15 feet from the front
property line.
(4)
Front yard setbacks may be zero to 10 feet (General Business)
if the proposed structure is located in such away that it could form
a consistent building line or street wall line* in relation to directly
abutting properties within the Village Zoning Overlay District.
(5)
If a structure is located in such a way that it could form a
street wall in the Village Zoning Overlay District, then the lot line
adjoining other street wall properties may be zero. This provision
may apply in all cases except for structures located adjacent to public
open space or driveways.
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* "Street wall line" defined: The main wall of a structure or
set of structures that is closest to and most nearly parallel with
an adjacent street.
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G. Submission requirements. Submission requirement shall be the same as required under Article
V, Article
VIII, and Article
XIV of the Braintree Zoning Bylaw.
H. Criteria for the Village Zoning Overlay District.
(3)
General provisions.
(a)
Buildings within the General Business District shall provide
pedestrian entrances that open to the front sidewalk and may provide
other entrances to the side or rear.
(b)
For all nonresidential and noninstitutional uses, a minimum
of 60% of the first floor level frontage shall be transparent. Additionally,
building facades must contain street level windows and main entrances
from the sidewalk. The street side facade of a building shall not
consist of an unarticulated blank wall or an unbroken series of garage
doors.
(c)
Applicants who wish to build a structure or rehabilitate an
existing structure shall select materials and textures which are compatible
with and complementary to neighboring buildings. For this reason,
the SPGA shall reserve the right to require an elevation view illustration
of the proposed improvement.
(d)
New curb cuts on existing public ways shall be minimized. To
the extent feasible, access to businesses shall be provided via one
of the following methods:
[1]
Through a common driveway serving adjacent lots of premises;
or
[2]
Through an existing side or rear street.
(e)
Refuse containers, heating-ventilation-air conditioning, transformers,
lift stations, utility meters, shall be located on the side or at
the rear of the principal structure. The record plan or landscaping
plan shall include provisions for these items. Screening, to the extent
possible, shall be accomplished through:
[2]
Materials integrating the design, material type, and colors
of the existing building with the screening structure.
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If roof-mounted mechanical equipment is used, such equipment
shall be screened from public view on all sides.
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(f)
Access to buildings through rear entrances from parking lots
is encouraged. The rear facade shall receive appropriate design treatment.
(g)
Buffering elements in the form of plantings, walls, fences,
screens, and other designed or natural features that provide a logical
transition to adjoining existing or permitted uses shall be provided
by the applicant.
(h)
In order to maintain consistency in front setbacks, rhythm,
and scale, the SPGA shall reserve the right to require revised plans
for building setback, spacing, and building width.
[Added 5-10-2006 ATM by Art. 38]
A. Applicability. As authorized in §
135-601, Table of Principal Uses, an existing convalescent home or nursing home use may be changed to an apartment house/two-family use provided the following conditions are met:
1. A convalescent home or nursing home was in operation on the site
for a minimum of 10 years immediately preceding the date of application
for conversion.
2. The convalescent home or nursing home was vacant for at least one
year immediately preceding the date of application for conversion.
3. The structures housing or being used in support of the convalescent
home or nursing home use were not enlarged during the ten-year period
immediately preceding the date of application for conversion.
4. The site [lot(s)] containing convalescent home or nursing home use
has not been enlarged during the ten-year period immediately preceding
the date of application for conversion.
5. The building or buildings which contained the convalescent home or
nursing home were in existence as of May 10, 2006.
B. Affordable units. The conversion of the convalescent home or nursing
home shall provide the minimum required percent of the residential
units created for low- and moderate-income housing as defined by the
Massachusetts Department of Housing and Community Development (DHCD).
Said units shall be created through the Local Initiative Program (LIP)
760 CMR 45.00 as amended and administered by DHCD.
C. Density standards. In granting a special permit the SPGA shall specifically find that the number of residential units to be created through the conversion can be accommodated on site. The density standards set under §
135-705 shall not apply to a conversion of convalescent home or nursing home.
D. Criteria for granting a special permit. The SPGA shall assure that
the following criteria are met:
1. The size of the site [lot(s)] on which the convalescent home or nursing
home is currently located shall not be enlarged for the proposed conversion.
2. There shall be no expansion of the structures housing or being used
in support of the convalescent home or nursing home except for cosmetic
alterations such as construction of a foyer. No living space shall
be expanded.
3. Off-street parking shall be provided as required by Braintree Zoning Bylaw §
135-806.
4. The proposed conversion shall not generate more than 50 vehicle trips
for any peak hour.
5. Adequate screening between the site and abutting properties shall
be provided.
[Added 1-8-2011 by Ord.
No. 10-067]
The Town of Braintree shall have a designated Braintree-Weymouth Landing District (BWLD) as established pursuant to §
135-301 (Districts established) described herein and as shown on the Braintree Zoning Map dated January 8, 2011, as revised and amended to date on file in the office of Town Clerk.
[Added 1-8-2011 by Ord.
No. 10-067]
A. The purpose of the Braintree-Weymouth Landing District (BWLD) is
to establish a specific zoning district for the unique needs of a
small mixed-use commercial area that spans two municipalities. The
BWLD shall establish reasonable standards in accordance with the following
purpose and intent:
1.
Encourage an appropriate density of land uses for commercial,
governmental, institution, and residential uses to support a vibrant
village center to benefit and utilize the existing commuter rail station
and public surface transportation.
2.
Create a friendly multimodal transportation environment so that
commercial enterprises and consumer services do not rely solely on
automobile traffic to bring consumers and employees into the area.
3.
Promote mixed-use and compact development within a single structure
both vertically and horizontally that maintains the visual character
and architectural scale of development within the district.
4.
Encourage the re-use and upgrade of existing properties with
efforts to promote more efficient and economical parking facilities
to complement existing and new development within the district.
5.
Encourage mixed uses that promote small business establishments
and local job creation that complement the needs of the surrounding
residential neighborhoods and the general population of the Town of
Braintree and the Town of Weymouth.
6.
Provide a range of housing options for people of different stages
of life, income levels and work/live options.
7.
Promote an active and publicly accessible waterfront.
[Added 1-8-2011 by Ord.
No. 10-067]
Land located within the Braintree-Weymouth Landing District
(BWLD) as designated on the official Town Zoning Map shall be subject
to the provisions of §§ 135-615-01 through 135-615-14
relative to all new development, demolition, substantial improvement
and/or exterior renovation.
The following sections of the Zoning Ordinance are not applicable
to properties located within the Braintree-Weymouth District (BWLD),
unless otherwise specified within §§ 135-615-01 through
135-615-14.
Zoning Ordinance § 135-203 (See § 135-615-09)
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[Added 1-8-2011 by Ord.
No. 10-067]
Pursuant to the provisions of the Zoning Ordinances, § 601
(Table of Principal Uses) describes those uses allowed by right, special
permit or that are not allowed/prohibited. (See table.)
See Article
V of Zoning Ordinances, Special Permits, for procedures, provisions and guidelines for submission of a special permit application. The special permit granting authority may, where deemed necessary, require a traffic study be prepared for issuance of a use special permit.
Site plan review pursuant to Zoning Ordinance §
135-711 is not applicable to properties located in the Braintree-Weymouth Landing District; rather, development in this district is pursuant to administrative site plan review as defined under § 135-615-09 of this Zoning Ordinance.
[Added 1-8-2011 by Ord.
No. 10-067]
The required minimum lot size for lots created after January
8, 2011, in the Braintree-Weymouth Landing District (BWLD) is 5,000
square feet.
The following density and dimensional requirements apply to
all new development and/or substantial improvement of an existing
structure within the BWLD District:
Table 1 - Building Setbacks/Density and Dimensional
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Front
(Min-Max)
(feet)
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Side
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Rear
(feet)
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Lot coverage
(Min - Max Lot)
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BWLD
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0 - 10
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---
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0 - 15
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80% - 90%
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BWLD Special Permit
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10 - 25
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---
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---
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100%
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NOTE
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(1)
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(3)(4)
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(2)(3)
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(5)
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"---" indicates no dimensional requirement applies
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NOTES:
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(1)
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Landscaping, pedestrian walkways, seasonal outdoor dining areas
and five feet of a deck or balcony may be located within any building
setback area. Parking is prohibited within the front building setback.
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(2)
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A fifteen-foot minimum rear buffer setback (see § 135-702B of the Zoning Ordinance) applies only where a parcel and/or lot abuts a residential zoning district.
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(3)
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A fifteen-foot minimum waterway zoning setback is measured from
the top of the bank as delineated by the Conservation Commission for
the Monatiquot River and estuarine segment of Smelt Run (north of
the MBTA tracks) area only.
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(4)
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An eight-foot minimum to fifteen-foot maximum side setback from
the corporate municipal boundary applies only in the Landing Center
east of Commercial Street. Parking is prohibited within a side building
setback of the municipal corporate line.
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(5)
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Impervious land area is defined as land use alteration that
prevents the natural infiltration of water into the soil. Examples
of common impervious surfaces include, but are not limited to, paved
area, walkways, and patios in addition to building footprint.
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Table 2 - Additional Density and Dimensional Requirements
|
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Story Height(Max)
(feet)
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Highest Floor Height Max Above Ground
(feet)
|
Roof Height
(Max)
(feet)
|
Residential Units
(Max)
(acre)
|
Street Wall Transparency First Floor
(Min)
|
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BWLD
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2.5
|
30
|
40
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19
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60%
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BWLD Special Permit
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4
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45
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54
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---
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---
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NOTES
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(9)
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(9)
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The maximum height is measured in both stories and feet.
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a.
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The building height is measured as the vertical distance of
the highest point of the roof beam in the case of a flat roof and
of the mean level of the highest gable of a sloping roof as measured
from the mean ground level at all elevations of a building.
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b.
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A half story is a finished living floor which is contained wholly
or predominantly within the roof of a structure and is subject to
the regulations of the local Building Code.
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c.
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Towers, widow's walks, cupolas, and other similar building features
may extend one story above the normal height limits.
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[Added 1-8-2011 by Ord.
No. 10-067]
1. Vehicle drive-through windows, in conjunction with any use, is prohibited
in those portions the Braintree-Weymouth Landing District located
in the Town of Braintree.
2. The ground floor of a multi-use building shall have both front and
rear facades occupied by business uses only.
3. Buildings must have a primary entrance door facing a public sidewalk
(entrances at building corners are acceptable). Building entrances
may include doors to individual businesses, lobby entrances, entrances
to pedestrian-oriented plazas or courtyards servicing clusters of
businesses.
4. Underground utility lines are required for new and substantially
approved buildings unless applicants can demonstrate a physical restriction
or installation will be blocked by existing underground obstructions.
5. All external units for heating, cooling, etc., mechanical units shall
be located in a screened structure on rooftops.
6. All refuse disposal (dumpsters, etc.) shall be located in an enclosure
and/or with a locked top; no outdoor refuse storage will be permitted
unless in an enclosure.
7. Appropriate landscaping and design shall be incorporated into new
and expanded development within the BWLD. Landscaped design plans
shall be prepared by a landscape architect for all special permit
applications. For administrative site plan reviews, the Planning Director
may at their discretion accept a plan prepared by someone other than
a landscape architect if said plan shows the type, size and location
of all proposed plantings. Side yards between structures less than
10 feet apart shall be screened from public view by a solid fence
or tight landscaping not less than five feet in height. Chain link
fences are not permissible. Side yards between structures greater
than 10 feet apart shall be landscaped appropriately.
[Added 1-8-2011 by Ord.
No. 10-067]
Pursuant to the provisions of §
135-601 (Table of Principal Uses) of the Zoning Ordinances, special permit uses identified in the Braintree-Weymouth Landing District (BWLD) shall only be permitted by a special permit issued by the Braintree Planning Board (special permit granting authority) in accordance with the procedure identified under §
135-503 (Special permit procedures) of the Zoning Ordinances.
[Added 1-8-2011 by Ord.
No. 10-067]
In addition to a use specified in § 135-615-04, the
special permit granting authority may also consider issuance of a
special permit in the Braintree-Weymouth Landing District for the
following:
1. The Planning Board may issue a special permit for development rights
over and above those allowed by the base density and dimensional requirements
of § 135-615-05, Tables 1 and 2, based on the extent to
which the development satisfies the following criteria:
a.
Provision of a publicly accessible waterfront walkway with direct
connections to adjacent sidewalks and existing or potential walkways
on adjacent properties. Publicly accessible walkways and open space
shall be defined as those which, whenever possible, shall be accessible
to and usable by the general public during daylight hours without
undue restriction.
b.
Provision of up to 100% of the lot area as publicly accessible
open space. Open space shall be designed as an integral part of any
development and shall enhance the development and the area in which
the development is located. Open space may include pedestrian walkways
and recreational open space open to the public. Open space shall not
include paved streets, sidewalks abutting streets, parking areas or
recreational open space not open to the public.
c.
Preservation and reuse of historic buildings on the site.
2. The Planning Board may issue a special permit for relief from parking
requirements set forth in § 135-615-12.
[Added 1-8-2011 by Ord.
No. 10-067]
Site plan review pursuant to the Zoning Ordinances shall not
apply to property located within the Braintree-Weymouth Landing District;
rather, site plan review within the BWLD District shall be accomplished
by administrative site plan as follows:
1. The following activities in the Braintree-Weymouth Landing District
shall be subject to administrative site plan review, whether they
occur in conjunction with new development, or whether occurring in
conjunction with continuation of an existing use:
a.
Any new construction or exterior alterations requiring a building
permit, excluding replacement of existing roofing with similar materials.
b.
Any signage, including new or altered existing signs and awnings.
c.
Freestanding ground lighting.
e.
New curb cuts or relocation of an existing curb cut that does
not require a special permit.
f.
New paving for two or more vehicles.
g.
Creation of outdoor seating and dining areas for existing restaurants.
2. Site plan review for those properties located within the Town of
Braintree jurisdiction and in the Braintree-Weymouth Landing District
shall be conducted administratively by the Braintree Director of Planning
and Community Development Department in accordance with following:
a.
The memo of understanding between the Towns of Braintree and
Weymouth signed by both Mayors and dated March 25, 2010.
b.
The Director of Planning and Community Development shall be
responsible for approving and/or conditionally approving a site plan,
based on its consistency with the provisions of the Braintree-Weymouth
Landing District, other official plans for the district and surrounding
areas, and the Town's design guidelines. Applicants that do not provide
required information as to any site plan review request may be disapproved
by the Director for lack of sufficient information to render an administrative
decision.
c.
The Director of Planning and Community Development is given
authority pursuant to this section of the Zoning Ordinances to develop
regulations for the processing of administrative site plan review.
d.
The Director may choose to send any request for site plan review,
pursuant to this section, for action by the Planning Board within
45 days of receipt, if he/she determines a public meeting is necessary
under the provision of §§ 135-615-01 through 135-615-14.
[Added 1-8-2011 by Ord.
No. 10-067]
The following uses identified in §
135-601 of the Braintree Zoning Ordinance, for the Braintree-Weymouth Landing District, shall comply with required parking under §
135-806 of the Zoning Ordinances. Except for those uses specifically identified below that will be located within 1,000 feet of the East Braintree/Weymouth commuter rail station and a municipal parking lot, parking requirements are permissible by the following requirements:
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Residential uses above first floor only: 0.8 spaces per unit
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Retail uses: 1 space per 500 GSF (retail uses less than or equal
to 30,000 GSF)
|
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Professional and business office: 1.7 spaces per 1,000 GSF
|
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Restaurant: 1 space per 6 seats
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Administrative site plan review is required for new paving for
two or more vehicles (see § 135-615-09).
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[Added 1-8-2011 by Ord.
No. 10-067]
The following criteria are included to ensure that new and redesigned
site access is constructed in accordance with the BWLD character and
the provisions of §§ 135-615-01 through 135-615-14.
1.
New curb cuts on existing public
ways shall be minimized. To the extent feasible, access to businesses
shall be provided through one of the following methods: either through
a common driveway serving adjacent lots/premises or through an existing
side or rear street, thus avoiding the principal thoroughfare. Garage
doors or loading docks on the front facade are prohibited.
A.
Proposed curb cuts within 200 feet of intersections are subject
to administrative site plan review.
B.
Proposed curb cuts greater than 30 feet in width and driveway
openings greater than 20 feet in width are subject to administrative
site plan review. Full-width curb cuts are prohibited.
The following criteria are included to ensure that new and redesigned
off-street parking areas are constructed in accordance with the BWLD
character and the provisions of §§ 135-615-01 through
135-615-14.
2. Parking and bicycle requirements:
a)
Parking areas shall be located to the side and rear of the structure.
Parking areas shall be designed such that parking is prohibited within
the required front yard setback.
b)
Full-size parking spaces (See Figure 1 at the end of the Zoning
Ordinances). Each full-size parking space shall be a minimum of 8.5
feet in width and 18 feet in length. Handicap parking spaces shall
be designed and laid out as required by 521 CMR or any successive
regulations.
c)
Driveways shall be located so as to minimize conflict with traffic
on public streets and to maintain good visibility and sight distance.
d)
Parking areas shall include provisions for the "parking" of
bicycles in bicycle racks in locations that are safely segregated
from automobile traffic and parking. For parking areas of 10 or more
spaces, bicycle racks facilitating locking shall be provided to accommodate
one bicycle per 20 parking spaces or fraction thereof.
e)
Where possible, parking areas shall be interconnected in a manner
that allows the unobstructed flow of pedestrians between businesses
and the parking areas.
f)
Large parking areas (e.g., greater than 20 parking spaces) shall
be separated by landscaped islands of eight feet to 10 feet in width
or in the alternative shall devote at least 5% of the interior of
the parking lot to landscaping. In addition, a minimum of one shade
tree shall be planted for every six parking spaces required or built,
within appropriate locations on the lot(s). The plan shall show the
location of plantings, including use of plantings to buffer neighboring
properties, and along the street frontage and pedestrian ways. Trees
planted within parking areas shall be planted in protected pervious
plots of at least 60 square feet of area.
g)
Provision for safe and convenient pedestrian access shall be
incorporated into plans for new construction of buildings and parking
areas and should be designed in concert with landscaping plans noted
below. New construction should improve pedestrian access to buildings,
sidewalks and parking areas and should be completed with consideration
of pedestrian safety, handicapped access and visual quality. Where
appropriate, applicants are encouraged to provide pedestrian and/or
bicycle paths connecting their site with abutting areas in order to
promote pedestrian and bicycle circulation and safety in the district.
When parking is located in the rear, pedestrian access via a pedestrian-oriented
alley or walkway through to the primary street is encouraged.
[Added 1-8-2011 by Ord.
No. 10-067]
Reductions in "off-street" parking may be eligible for issuance
of a special permit and considered waived when applicants can demonstrate
options described as follows to the special permit granting authority:
1)
Shared parking agreements within the Braintree-Weymouth Landing
District with other landowners/businesses for peak and non-peak demand
hours.
2)
Shared access between properties.
3)
Shared or co-location for refuse facilities of multi-businesses.
4)
Financial commuter incentives for employees to use public transit
and bus systems.
5)
Accommodations for bike parking and users beyond the installation
of a simple bike rack.
6)
Provide parking accommodations for small motorized nonvehicle
modes of transportation such as motorcycles, scooters, mopeds, etc.
7)
Any other transportation demand management (TDM) alternative
or option proposed by an applicant and reviewed/recommended by the
Planning and Community Development Director.
[Added 1-8-2011 by Ord.
No. 10-067]
(1)
For purposes of the Braintree-Weymouth Landing District the
following definitions shall be applicable in reference to external
advertising devices regulated by §§ 135-615-01 through
135-615-14:
AWNING
A retractable type structure of flexible material (canvas)
on a frame attached to the facade of a building and projecting therefrom
as a protection against sun or rain.
AWNING SIGN AREA
The area encompassed by any wording, logo, or design distinct
from the awning background color. Awning signs are measured and included
within the allowances for parallel wall signs.
SIGN
An advertising device that includes any lettering, word,
numeral design, emblem, device, trademark, picture, pennant, flag,
streamer, banner, or other object or method of construction used to
indicate, direct, announce, advertise, attract or promote.
(2)
Permissible signage types within the Braintree-Weymouth Landing
District allow for use of only the following:
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Wall sign
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Awnings
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Projecting sign
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Multi-tenant sign
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Applicants are encouraged to review the Braintree-Weymouth Landing
District design guidelines before submitting a sign application or
displaying other means of advertising devices. In the BWLD, signage
is subject to administrative site plan review pursuant to § 135-615-09.
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(a)
Wall sign. Each place of business shall be allowed one permanent
wall sign parallel to the exterior building facade, projecting not
more than 12 inches from said wall and having an aggregate area of
two square feet for each horizontal foot of building frontage of said
business, provided that the area of said sign shall not exceed 20
square feet. Businesses located over the first floor shall not exceed
20 square feet as well. If such business establishment has more than
one public entrance, a secondary sign may be affixed to the building
side having a public entrance.
(b)
Awnings. Awnings are permissible only at street level and are
considered signage if writing and/or a logo are located on the awning.
For purposes of this bylaw awnings utilized for advertising shall
be considered a wall sign subject to the requirements of a wall sign.
Applicants shall consult the BWLD design guidelines for guidance on
the preferred material, coloring and dimensional requirements.
(c)
Projecting sign. Each lot shall be allowed one projecting sign,
mounted to the front building line, provided that the foremost building
on the lot is set back from the front lot no greater than 10 feet,
subject to the following criteria:
(1) The sign shall have the bottommost edge no lower
than 10 feet above grade, nor more than 12 feet above grade; the uppermost
edge of the sign shall be no greater than 20 feet above grade or below
the roofline, whichever is lower in height; the sign shall project
no more than 4.5 feet from the front building line.
(2) The sign area shall not exceed 15 square feet per
side with a total surface area of all sides not exceeding 30 square
feet.
(3) Projecting signs over public property shall be
subject to administrative site plan review as well in accordance with
the following conditions.
(a) A projecting sign shall only be placed over a public
sidewalk or walkway, and in no case shall a projecting sign extend
over any portion of a vehicular travel lane.
(d)
Multi-tenant directory sign. Multi-tenant and/or directory wall
signs shall be located at the entrance to a multi-tenant building,
affixed to the exterior wall of the building, not exceeding a height
of nine feet above finished grade. Said sign shall include the building
street address and provide one square foot of area for each tenant
listed in an orderly and legible manner. Said signs shall be constructed
with provisions to allow for changes in occupancy without reconstruction
of the entire sign.
(3)
General provisions:
a)
Sign material shall be in accordance with the provisions of
the design guidelines set forth for the Braintree-Weymouth Landing
District.
b)
The source of illumination for any sign shall be a white, steady,
stationary light of reasonable intensity, shielded and directed solely
at the sign, or a white interior light underneath the sign. Neon tubing
or similar devices are prohibited. Illumination of signage is also
permissible by outdoor lighting attached to said building in accordance
with approved with the BWLD design guidelines. Lighting shall be steady,
stationary, shielded and of an appropriate location and intensity.
Any projecting lights used for illumination shall be so arranged to
reflect light away from any adjoining residential district or public
way.
c)
Roof signs and marquee signage are prohibited within the Braintree-Weymouth
Landing District.
d)
Window signs shall not occupy more than 25% of the total area
of the window in which they are displayed.
e)
Moving, changing electronic digital signs are prohibited within
the Braintree-Weymouth Landing District.
f)
Existing electronic signs lawfully in existence prior to January
8, 2011, are not grandfathered for conversion to another form of electronic
technology.
g)
Placement of temporary signage on sidewalks and public areas
is prohibited.
h)
Off-premises commercial signs (including rooftop and billboard
signs) are prohibited from any location within the Braintree-Weymouth
Landing District.
[Added 1-8-2011 by Ord.
No. 10-067]
Should any provision of §§ 135-615-01 through
135-615-14 be declared to be invalid, said provision shall not invalidate
any other provision of §§ 135-615-01 through 135-615-14.