The purposes of the Mill Reuse Overlay District are to facilitate
the redevelopment and reuse of historic mill buildings in a manner
that is appropriate for each site and sensitive to surrounding land
uses; to promote housing choices in Bellingham; to provide for regulatory
flexibility and intensification of use in existing buildings in order
to meet the Town's housing and community development needs; to
prevent disinvestment and deterioration of buildings that have become
obsolete for their original purposes; and to encourage sustainable
mixed-use development.
The Mill Reuse District is hereby established as an overlay
district. The district is bounded on the map entitled "Mill Reuse
Overlay District," dated August 23, 2004 incorporated by reference
in the Zoning Bylaw and on file with the Town Clerk and Building Inspector.[1]
[1]
Editor's Note: A copy of the Mill Reuse Overlay District Map
is included as an attachment to this chapter.
In the Mill Reuse Overlay District, all requirements of the
underlying district(s) shall remain in effect except where these regulations
supersede or provide an alternative to such requirements. If a property
is developed consistent with the Mill Reuse Overlay District. the
regulations of the Mill Reuse Overlay District shall apply. Where
the provisions of the Mill Reuse Overlay District are silent on a
zoning regulation, the requirements of the underlying zoning district
shall apply.
In addition to Article VI of this bylaw, the following definitions shall apply to development in the Mill Reuse Overlay District:
A dwelling unit in a Mill Reuse Project, subject to a legally
enforceable deed restriction that runs in perpetuity or for the maximum
period allowed by law, and meets all of the following criteria:
The unit must be sold or rented to and occupied by a low- or
moderate-income household, meaning a household with income at or below
80% of median family income, adjusted for household size, for the
metropolitan or non-metropolitan area that includes the Town of Bellingham,
as determined by the U.S. Department of Housing and Urban Development
(HUD); and which meets the requirements of the Massachusetts Department
of Housing and Community Development (DHCD), Local Initiative Program,
under 760 CMR 45.00 et seq., for inclusion in the Chapter 40B Subsidized
Housing Inventory as low- or moderate-income housing.
Deed restriction. The affordability of low- or moderate-income
units shall be protected by a regulatory agreement and, for homeownership
units, by a deed rider acceptable to DHCD and approved as to form
by Town Counsel. The regulatory agreement and, where applicable, the
deed rider, shall be legally enforceable and recorded at the Registry
of Deeds.
DHCD certification. All low- or moderate-income units shall
be eligible for listing on the Subsidized Housing Inventory, evidenced
by an affordable housing restriction as defined under M.G.L. ch. 184,
§ 31, and certification signed by the Director of DHCD,
both of which must be recorded at the Registry of Deeds.
The sum of the gross floor area on all floors of existing
mill building(s), including the basement, measured in square feet,
divided by the gross area of the existing lot excluding wetlands subject
to control under the Wetlands Protection Act, measured in square feet.
The total number of dwelling units on a parcel of land used
for a Mill Reuse Project, divided by the size of the parcel in acres
before dedication of any land for roads and other public uses and
before the creation of common open space or other common amenities
included or to be included as part of the development of the parcel
of land.
A predominantly residential development comprised of one or more of the uses authorized under § 240-157 of this bylaw, on a parcel of land with an existing mill building in the Mill Reuse Overlay District.
The sum of the gross floor area on all floors of all proposed
buildings in a Mill Reuse Project, including basements, measured in
square feet, divided by the gross area of the proposed lot excluding
wetlands subject to control under the Wetlands Protection Act, measured
in square feet.
A.
Permitted uses.
(1)
In the Mill Reuse Overlay District, a Mill Reuse Project comprised
of one or more of the following uses shall be permitted in an existing
mill building, except that a permitted Mill Reuse Project may not
exceed 100 units of multifamily or assisted elderly housing, including
any combination thereof.
B.
Uses authorized by special permit. In the Mill Reuse Overlay District,
a Mill Reuse Project comprised of one or more of the following uses
shall be allowed by special permit from the Planning Board:
(1)
Multifamily or assisted elderly housing in excess of the number
of units allowed as a permitted use.
(3)
Continuing care retirement community.
(4)
Nursing home.
(5)
Medical offices or medical clinic.
(6)
Accessory uses.
(a)
Adult day care accessory to a special permitted use.
(b)
Retail or service establishment, or restaurant serving food
and beverages only in the building or on a patio adjacent to and directly
accessible from the building, primarily for residents, outpatients
or employees of a permitted or special permitted use.
(c)
Indoor or outdoor recreation, primarily for residents, outpatients
or employees of a permitted or special permitted use.
(d)
Other accessory uses customarily incidental to a special permitted
use.
D.
Use variances. Use variances shall not be allowed in the Mill Reuse
Overlay District.
The intensity of use regulations for the underlying district(s) as set forth in § 240-40 of this bylaw shall apply to the Mill Reuse Overlay District, except as follows:
A.
Yard setbacks. There shall be no minimum front yard setback requirement.
B.
Gross density. A permitted Mill Reuse Project may not exceed a gross density of nine dwelling units per acre. For a Mill Reuse Project by special permit, the Planning Board may authorize a gross density of up to 12 dwelling units per acre, provided that the project meets the public benefits provisions of § 240-160H of this bylaw, as determined by the Planning Board. For purposes of calculating gross density, areas subject to the Wetlands Protection Act, M.G.L. ch. 131, § 40, for reasons other than being subject to flooding, shall be excluded from the total area of the parcel.
A.
Subdivision control. Where applicable, development in the Mill Reuse
Overlay District shall comply with the Planning Board's Rules
and Regulations Governing the Subdivision of Land pursuant to the
Subdivision Control Law, M.G.L. ch. 41, §§ 81K through
81GG.[1] Planning Board approval of a development plan under § 240-16 or a special permit for a Mill Reuse Project shall neither oblige the Planning Board to approve any related definitive plan nor substitute for such approval.
B.
Development plan approval. All uses in the Mill Reuse Overlay District require development plan approval by the Planning Board and must comply with § 240-16 of this bylaw and the following additional requirements.
(1)
Submittals. In addition to the requirements of § 240-17, the submittals for development plan approval for a Mill Reuse Project shall include:
(a)
Identification of existing trees of more than eight inches caliper,
rock outcroppings, wildlife habitats, existing and proposed trails
and paths, open space, and proposed conservation and recreation easement
areas.
(c)
Table showing the total number of dwelling units and the number
of affordable units by type and size on each floor of each building.
(d)
Where applicable, a plan describing the care, custody and control
of all dams and water rights.
(e)
Where applicable, a plan for any proposed wastewater treatment
facility in accordance with the requirements of the Massachusetts
Department of Environmental Protection (DEP) and the Bellingham Board
of Health.
(f)
Proposed construction schedule by stage or phase of construction,
from the approximate date that construction will begin through the
estimated date of construction completion.
(g)
Narrative description of any organization(s) the applicant proposes
to form if the development is to be a condominium or other ownership
organization, including forms and plans to be used to organize and
manage the same, for approval by the Planning Board.
(h)
Copies of all proposed covenants, easements, and other restrictions
that the applicant proposes to grant to the Town of Bellingham, the
Bellingham Conservation Commission, utility companies, any condominium
or other ownership organization and the owners thereof, including
plans of land to which they are intended to apply, for approval by
the Planning Board.
(i)
Copies of the proposed regulatory agreement for affordable housing
units, and where applicable, the proposed deed rider for affordable
homeownership units.
(j)
Narrative analysis prepared and documented by a preservation
consultant concerning the mill building, associated structures and
context. The narrative will include the following information:
[1]
Information required for Massachusetts Historical Commission
Survey Form B and, where applicable, Form F;
[2]
Information required for Massachusetts Historical Commission
National Register of Historic Places Criteria Statement Form;
[3]
An analysis of the Mill Reuse Project's consistency with
the U.S. Secretary of the Interior's Standards for Rehabilitation.
(2)
Decision standards. In addition to the decision standards under § 240-19 of this bylaw, the Planning Board shall base its decision on the following determinations:
(a)
The proposed Mill Reuse Project preserves or enhances the historic
significance of existing mill buildings and their context and, where
applicable, the eligibility of the same for listing on the National
Register of Historic Places as an individual property or a contributing
property to an area.
A.
Expansion of existing buildings or new construction. Expansion of
existing mill buildings or new construction on the same lot may be
allowed for a Mill Reuse Project, provided that all of the following
conditions are met:
(1)
The total gross floor area in the proposed project may not result
in a proposed floor area ratio that is more than 1.25 times the existing
floor area ratio;
(2)
Any expansion is consistent with the U.S. Secretary of the Interior's
Standards for Rehabilitation, as determined by the Bellingham Historical
Commission.
(3)
Recognizing that a purpose of the Mill Reuse Overlay District
is to redevelop property that has become obsolete for its original
use, the Planning Board may grant a special permit to allow new buildings
in a Mill Reuse Project only upon finding that:
(a)
The new buildings do not detract from the historical significance
of existing buildings or reduce the property's potential eligibility
for listing on the National Register of Historic Places, as determined
by the Bellingham Historical Commission; and
(b)
The new buildings are necessary for essential services such
as space for security personnel or a wastewater treatment facility,
or components of a continuing care retirement community that cannot
reasonably be accommodated in the existing mill building(s), such
as independent living units or a nursing home.
B.
Affordable housing. A Mill Reuse Project shall include affordable
housing units, as follows:
(1)
At least 5% of all dwelling units shall be affordable housing
as defined in this bylaw. Any fraction shall be rounded up to the
nearest whole number.
(2)
No building permit shall be issued for a Mill Reuse Project
until the applicant has entered into a Local Initiative Program (LIP)
Regulatory Agreement with the Town of Bellingham and the Department
of Housing and Community Development to assure that all low- or moderate-income
housing units meet LIP requirements and qualify for inclusion in the
Chapter 40B Subsidized Housing Inventory.
(3)
Homeownership units shall be subject further to a deed rider
that preserves affordability upon resale. The deed rider shall be
approved in writing by the Department of Housing and Community Development,
approved as to form by Town Counsel, and recorded at the Registry
of Deeds. No occupancy permit shall be issued for affordable homeownership
units until the Building Inspector receives evidence satisfactory
to the Planning Board that the deed restriction or deed rider has
been approved by DHCD.
(4)
The affordable units shall be sold or rented under a marketing
plan approved by the Planning Board.
(6)
The Planning Board shall adopt and from time to time may amend
regulations necessary to administer the affordable housing requirements
of this bylaw.
C.
Common open space. At least 30% of the parcel used for a Mill Reuse
Project shall be protected, usable common open space that is functional
for the purposes described below. The common open space shall have
no structures, parking, private yards, patios, or gardens that are
restricted for the exclusive or principal use by residents of individual
dwelling units. The following standards apply to the common open space
in a Mill Reuse Project:
(1)
Use, space and location. To the maximum extent feasible, the
open space shall be undisturbed and left in its natural condition.
It shall be appropriate in size, shape, dimension and location to
assure its use as a conservation or recreation area that serves as
a visual and natural amenity for the project and the Town.
(a)
Common open space shall be functional for wildlife habitat,
passive recreation, forestry, agriculture, access to open water resources,
or preservation of views from the road.
(b)
To the maximum extent feasible, the common open space shall
be linked as a unit, with links at least 60 feet wide.
(c)
Not more than 50% of the common open space in a Mill Reuse Project
may consist of wetlands as defined in M.G.L. ch. 131, § 40.
(d)
Unless approved by the Planning Board, common open space shall
not be considered usable if the slope of the finished grade exceeds
25%.
(e)
Existing rights-of-way and utility easements may not be counted
as common open space.
(f)
The location(s) of the common open space shall be subject to
approval by the Planning Board.
(g)
Land used for shared wastewater disposal or a package treatment
plant may count toward the minimum common open space requirement.
D.
Landscaping. For purposes of landscaping requirements, a Mill Reuse Project shall comply with Article XI of this bylaw to the maximum extent practical.
E.
Accessory commercial use limitations. Accessory commercial uses are
encouraged in a Mill Reuse Project in order to make ordinary daily
activities accessible to residents, particularly to residents who
do not drive. At the same time, it is not the intent of this bylaw
to promote mill reuse that is predominantly commercial. Accordingly,
accessory commercial uses such as retail, personal service or restaurant
uses may occupy up to 10%, but in no event more than 20,000 square
feet, of the total leasable floor area in a Mill Reuse Project. An
individual accessory commercial use may not exceed 5,000 square feet
of leasable floor area.
F.
Internal circulation, parking and loading requirements.
(1)
Roadways. The internal roadway(s) serving a Mill Reuse Project
shall be adequate for the proposed use as determined by the Planning
Board, and shall be maintained by an association of unit owners, the
applicant or the entity that owns and manages the development.
(2)
Parking spaces. A Mill Reuse Project shall provide off-street
parking spaces for each use in the development in accordance with
the following minimum requirements:
(a)
Assisted elderly units. One space per unit, plus one space per
two employees on the largest shift and one space for each three units.
(b)
Multifamily units. One space per studio or one-bedroom unit,
two spaces per unit with two or more bedrooms except for age-restricted
multifamily units, in which case there shall be an average of 1.5
spaces per unit; plus one visitor space for each three units.
(c)
Nursing home. One space per three beds, plus one space per two
employees on the largest shift, plus one space per two visiting staff
(e.g., attending physician, specialists, etc.).
(d)
Accessory retail, service or bank establishment. One space per
500 square feet of gross floor area but not fewer than three spaces
per separate enterprise.
(e)
Accessory restaurant. One space per four seats based on the
legal seating capacity of the facility, including seasonal outdoor
seating, plus one space per two employees on the largest shift.
(f)
Accessory adult day care. One space per each four persons not
residing in the Mill Reuse Project plus one space per two employees.
(h)
Other uses. In accordance with § 240-59K.
(i)
Mixed uses. Requirements for each use shall be added, unless
the Planning Board determines that a smaller number is adequate.
(3)
Reserve parking. During the development plan approval process under § 240-16, the Planning Board may authorize a decrease in the number of off-street parking spaces required for a Mill Reuse Project, subject to the following conditions:
(a)
The decrease in number of parking spaces is no more than 30% of the total number of spaces required under Subsection F(2) above. The waived parking spaces shall not be used for building area and shall be labeled as "Reserve Parking" on the site plan.
(b)
The decrease in number of required spaces will not create undue
congestion, traffic hazards, or a substantial detriment to the neighborhood,
and does not derogate the intent and purpose of this bylaw.
(c)
The reserve parking spaces shall be properly designed as an
integral part of the overall parking development, and in no case shall
any reserve parking spaces be located within areas counted as setbacks
or common open space.
(d)
If, after one year from the date of issuance of a certificate
of occupancy, the Building Inspector and/or Planning Board find that
all or any of the increased reserve spaces are needed, the Planning
Board may require that all or any portion of the spaces identified
as increased reserve spaces on the site plan be constructed within
a reasonable time period as specified by the Planning Board. A written
notice of such a decision shall be sent to the applicant within seven
days before the matter is next discussed at a Planning Board meeting.
(4)
Increase in parking spaces. The Planning Board may require provisions for an increase in the number of parking spaces required under Subsection F(2) above, provided that:
(a)
The increase in the number of parking spaces is no more than 20% of the total number of parking spaces required under Subsection F(2) above for the use(s) in question.
(b)
Any such increase in the number of required parking spaces shall
be based upon the special nature of a use or building.
(c)
The increased number of parking space shall be labeled "Increased
Reserve Parking" on the site plan and shall be properly designed as
an integral part of the overall parking layout, located on land suitable
for parking development and in no case located within an area counted
as yard setback or common open space along the perimeter of the parcel.
(d)
The applicant shall not be required to construct any of the spaces labeled as "Increased Reserve Parking" for at least one year following the issuance of a certificate of occupancy. Where the increased reserve parking area is required by the Planning Board and the applicant has otherwise provided the number of parking spaces required under Subsection F(2) above, the area of land reserved for the increased number of parking spaces may be deducted from the minimum common open space required under § 240-160C.
(5)
Parking for commercial vehicles. Commercial vehicles owned or
operated by owners or tenants of the Mill Reuse Project, or their
agents, employees, licensees, or suppliers shall be parked inside
a garage, or in a suitably screened and designated area, except for
commercial vehicles in the active service of receiving and delivering
goods or services.
(6)
Parking area design and location. A Mill Reuse Project shall comply with Article X of this bylaw except as follows:
(a)
All off-street parking areas shall be located to the rear or
side of all buildings and shall not be located in front setbacks or
common open space, except that the Planning Board may waive these
requirements for existing parking lots or existing buildings.
(b)
Landscaping of parking areas shall conform to § 240-67C of this bylaw to the maximum extent practical.
(c)
Pedestrian crosswalks shall be provided in appropriate locations
and shall be clearly recognizable through the use of raised, textured
or color surface treatments in order to aid pedestrians in crossing
traffic within a parking area.
(7)
Paths. Wherever feasible, a Mill Reuse Project should include
attractively designed paths that separate vehicular, bicycle and pedestrian
traffic, provide access to amenities and facilities in the development,
and connect to pathways or sidewalks to adjacent sites.
G.
Emergency systems. A Mill Reuse Project shall have an integrated
emergency call, and/or telephone and/or other communications system
for its residents and/or other tenants. There shall be sufficient
site access for public safety vehicles. A plan shall be approved by
the Bellingham Fire Department for the emergency evacuation of the
residents with emphasis on ensuring the safety of residents with physical
impairments.
H.
Public benefits. The Planning Board may grant a special permit to increase the maximum gross density of a Mill Reuse Project, up to the limit established under § 240-158B, as follows:
(1)
Eligible public benefits. To be considered eligible for an increase in the maximum gross density under § 240-158B, a Mill Reuse Project shall provide at least one of the following public benefits in furtherance of the purposes of this bylaw and in a manner satisfactory to the Planning Board:
(a)
Affordable housing. A project in which at least 10% affordable housing units meet the requirements of § 240-160B.
(b)
Common open space. A project that preserves at least 50% of the parcel as common open space meeting the requirements of § 240-160C.
(c)
Green building design. A project that is LEED certified by the
U.S. Green Building Council.
(d)
Neighborhood facilities. A project that provides a facility
or significant amenity usable by its own residents and residents of
the surrounding neighborhood, such as a public park that is landscaped,
furnished and accessible to persons with disabilities, or an outdoor
recreation area with playing fields and facilities for spectators,
or a neighborhood community center.
The invalidity of any section or provision of this bylaw shall
not invalidate any other section or provision thereof.
