The intent of this Article is to provide incentive zoning techniques
that will assist in the revitalization of specific areas of the community
and to allow for more environmentally sensitive growth.
[Amended 6-10-1991 by Ord. No. 27156]
8.31. Purpose: to provide for developments with a mix of residential and
commercial uses, provided that the resulting use can be shown to be
in the public good.
8.32. Applicability. An application for a planned unit development special
permit (PUD) shall be allowed for parcels of land in the Business
B District in accordance with the standards set forth in this section;
provided, however, that whenever the PUD is to be located within the
geographical boundaries of the Riverfront Overlay District (ROD),
any conflict between the provisions of the PUD (Sections 8.3 through
8.357) and the provisions of the ROD (Sections 8.4 through 8.5) shall
be resolved in favor of the provisions of the Riverfront Overlay District.
8.33. Permit authority. The City Council shall be designated as the special
permit granting authority and shall grant special permits for PUD's
consistent with the procedures set forth in MGLA c. 40A, Section 9,
and additional conditions set forth in this chapter; said special
permit shall be considered an intensity of use special permit.
8.34. Procedure for approval. Any person who desires a special permit for
a PUD shall submit an application consistent with Sections 3.51 (Procedures),
3.52 (Development prospectus comments) and 3.53 (Determinations),
as applicable.
8.35. Development standards.
8.351. Parcel size. For each application for a special permit, the applicant
must have a parcel, in single or consolidated ownership, which is
at least 50,000 square feet in the Business B Zone.
8.352. Dimensional regulations: consistent with the dimensional requirements
for the Business B District as provided in this chapter, and further,
that all residential uses be set back 10 feet from the exterior of
any portion of the structure used for commercial purposes (not including
balconies).
8.353. Allowable uses: residential and commercial uses as allowed in the
Business B Zone, excluding drive-in retail or service businesses.
8.3531.
Specific residential use requirements. All residential uses
shall have separate and distinct entrances from all commercial uses;
in no instance shall residential uses share the same floor or story
with commercial uses, and in no instance shall commercial uses be
located above residential uses.
8.3532.
Location of residential uses. In no instance shall residential
uses be permitted on the ground floor, i.e., the first floor or story.
Residential uses shall only be allowed from the second through eighth
stories.
8.3533.
Location of commercial uses. Commercial uses can be located
on any floor up to and including the third floor or story.
8.354. Relation to the Traffic Safety and Infrastructure Maintenance Fund
("fund"). Consistent with this chapter, application for a PUD shall
be subject to the requirements of the "fund" for all floor area ratios
above 0.5 (the as-of-right FAR in the Business B District).
8.355. Parking requirements. For all PUD's, off-street parking shall be
required at a rate consistent with the individual uses listed in Section
5.2 of this chapter.
8.356. Open space requirements. Open space requirements shall be provided
at a rate consistent with Section 3.537 of this chapter and shall
also be defined by said section. However, to provide reasonable incentives
for PUD development, balcony space attached to residential units,
landscaped roof areas and all internal recreation facilities (pools,
exercise rooms, courtyards, atriums, health clubs, meeting rooms and
similar facilities) shall be allowed to be calculated as part of the
required open space.
8.357. Calculation of allowable density and density of uses. The maximum
development density shall not exceed an FAR of 2.5 for all uses; and
the calculation of FAR shall not include balcony and other space provided
as open space. See Section 8.356 above. There shall be no regulation
of the commercial/residential mix beyond the requirements of Sections
8.3532 and 8.3533.
[Amended 12-9-1991 by Ord. No. 27265; 6-10-1991 by Ord. No. 27156; 9-25-1991 by Ord. No. 27224]
8.41. Establishment of Riverfront Overlay District. A Riverfront Overlay
District is hereby established and is bounded as described on the
Riverfront Overlay District Map prepared by the City Engineering Department
and dated June 25, 1990, and in the written description accompanying
said map, both of which are on file with the City Clerk, the Planning
Department, the Public Works Department, Engineering Division, and
with the Inspector of Buildings. The map and the written description
are incorporated herein by reference. Said Riverfront Overlay District
boundaries shall be superimposed on the Zoning District Map of Waltham
so as to indicate the extent of the Riverfront Overlay District.
8.411. District boundary determination. In the event of a conflict between
the written boundary description and the Riverfront Overlay District
Map, the provisions of the written description shall control. Where
the written description is not clear, the provisions of Sections 3.142
through 3.145 shall govern.
8.42. Purpose and objectives. To assist in accomplishing the purpose and
intent of this chapter, the City Council has established a Riverfront
Overlay District with the following objectives in order to guide the
redevelopment of certain tracts of land or neighborhoods generally
associated with the Charles River ("river") and, in so doing, to increase
the opportunity for public holdings, public viewing and public access
to the river:
8.421. To permit the orderly redevelopment of the riverfront area and associated
neighborhoods regardless of the various underlying zoning districts.
8.422. To provide the opportunity for residential and mixed-use developments
that will allow for more efficient and sensitive use of land generally
associated with the Charles River riverfront.
8.423. To provide for greater flexibility in site planning and design than
would be permitted by the underlying zoning districts.
8.424. To promote development that is compatible with a riverfront setting
and all surrounding neighborhoods.
8.425. To promote increased public access, public views and public holdings
along the banks of the Charles River.
8.426. To promote the development of a continuous riverfront walkway along
the Charles River.
8.427. To promote the production of housing that is affordable to low and
moderate income households in the City of Waltham.
8.428. To promote redevelopment of specific portions of the community consistent
with adopted land use and master plans.
8.43. Applicability; authority and procedure.
8.431. Applicability. An application for a Riverfront Overlay District special
permit may be allowed for parcels of land that are within the Riverfront
Overlay District as designated on the City of Waltham Zoning Map.
8.432. Permit authority and procedure. The City Council shall be designated
as the special permit granting authority and shall grant special permits
consistent with the procedures set forth in MGLA c. 40A, Section 9,
and the conditions set forth in Section 3.5 of this chapter for special
permits related to an increase in intensity of use. An applicant is
encouraged to request a preapplication conference with the Planning
Department to review the proposed project and the requirements of
this section. An applicant for a Riverfront Overlay District special
permit shall file a development prospectus as required in Section
3.5 and, further, shall submit a copy of the proposed site plan and
plan for signs to the Waltham Planning Department at the time the
application is filed with the City Clerk. The Planning Department
shall have 35 days from the date of filing with the City Clerk to
forward any comments and recommendations in writing to the applicant
and City Council. The failure of the Planning Department to make comments
or recommendations within said 35 days shall be deemed to be lack
of opposition to the application.
8.433. Traffic Safety and Infrastructure Maintenance Fund ("fund"). The
City of Waltham is willing to waive certain special permit requirements,
as specified elsewhere in this section and in Section 8.435, in order
to create incentives for redevelopment in portions of the Riverfront
Overlay District, for which the underlying zoning is Business B. Therefore,
applications for a Riverfront Overlay District special permit on parcels
whose underlying zoning is Business B shall not be subject to those
requirements of Section 3.5 pertaining to the Traffic Safety and Infrastructure
Maintenance Fund ("fund") fees. For all other areas within the overlay
district, the "fund" requirements shall apply except as provided in
Section 8.435.
8.434. Affordable housing criteria. As part of the conditions of a special permit, the City Council shall require the applicant to meet affordable housing requirements in accordance with the provisions of Article
IX of this chapter.
8.435. Relationship of the Traffic Safety and Infrastructure Maintenance
Fund ("fund") and the affordable housing criteria. In instances where
an application would be subject to both the "fund" and affordable
housing requirements, the City Council may waive the requirements
of the Traffic Safety and Infrastructure Maintenance Fund if it finds
that the need for affordable housing outweighs the need to require
the applicant to make a payment into the "fund".
8.44. Permitted uses. The following uses shall be permitted within the
Riverfront Overlay District (overlay):
8.441. Uses in underlying districts. Any use permitted in the underlying
district shall continue to be permitted consistent with the regulations
of the underlying district. The Riverfront Overlay District shall
in no manner infringe upon the zoning rights or requirements inherent
in the underlying district unless and until the owner of the property
elects to and receives a Riverfront Overlay District special permit.
8.442. Reversion to prior zoning status. Once a special permit has been
granted and the project constructed, the site shall be subject to
the requirements of the special permit. In the event of a lapse, abandonment,
discontinuance or revocation of an overlay special permit, the property
would once again become subject to the requirements of the underlying
district.
8.443. Residential uses. Owners of property within the Riverfront Overlay
District may apply for a special permit to construct up to the maximum
FAR allowed, as defined in Section 8.451, single, two-family and multifamily
developments without any requirements for nonresidential use.
8.444. Mixed use. Owners of property within the Riverfront Overlay District
may apply for a special permit to allow mixed-use development. Said
development shall permit retail stores, restaurants, business offices,
personal service establishments and all residential uses permitted
by this chapter, except that drive-in customer services (Section 3.225),
fast-food establishments (Section 3.229), used car lots (Section 3.240),
new car dealerships, retail gasoline stations (Section 3.227) and
autobody shops (Section 3.253) are prohibited. Further, the total
square feet devoted to nonresidential uses shall not exceed 20% of
the total gross floor area of the project, excluding basement parking
areas. However, in order to promote commercial redevelopment in the
downtown area, projects shall be permitted to include the nonresidential
uses allowed in the underlying business district; except that retail
gasoline stations and used car lots shall be prohibited. Further,
projects whose underlying zoning district is Business B or Business
C shall not be subject to the twenty-percent nonresidential development
limitation noted above.
8.445. Rehabilitation of existing structures. For the purpose of the Riverfront
Overlay District, "existing structures" shall mean structures in existence
as of the date of adoption of this Riverfront Overlay District. Owners
of existing structures may apply for a special permit to rehabilitate
said structures as either mixed-use or residential projects consistent
with Sections 8.443 and 8.444 above.
8.45. General dimensional criteria applicable to all Riverfront Overlay
District projects. All projects developed under a Riverfront Overlay
District special permit (RF) shall conform to the conditions of the
special permit and to the dimensional criteria of the Riverfront Overlay
District ordinance provisions; and provided further, that where a
conflict exists between the provisions of Section 4.11 and the provisions
of the Riverfront Overlay District ordinance, the provisions of the
Riverfront Overlay District ordinance shall control.
8.451. Maximum floor area ratio (FAR). Projects developed using a Riverfront
Overlay District special permit shall be subject to the following
FAR criteria: projects with a lot area between 25,000 and 40,000 square
feet shall have a maximum floor area ratio of 1.0; projects with a
lot area over 40,000 square feet but less than 80,000 square feet
shall have a maximum floor area ratio of 1.5; projects with a lot
area of 80,000 square feet or more shall have a maximum floor area
ratio of 2.0. However, existing structures whose FAR exceeds the FAR
criteria listed in this section may be rehabilitated and re-used for
residential or mixed-use purposes, upon approval of the City Council,
if the Council determines that rehabilitation of said structure will
not adversely affect the surrounding neighborhood.
8.452. Maximum height. No structure built as a result of a Riverfront Overlay
District special permit shall be higher than 65 feet or six stories,
whichever is less. However, existing structures rehabilitated and
re-used for residential or mixed-use purposes, whose existing height
exceeds 65 feet, may be permitted upon approval of the City Council,
if the Council determines that rehabilitation of said structure will
not adversely affect the surrounding neighborhood.
8.453. Lot coverage. The structure or structures of any new development
shall not exceed a total lot coverage of 40%; parking areas, parking
structures and recreational structures, including but not limited
to swimming pools and tennis courts, shall not be included in the
calculation of the permitted lot coverage. Lot coverage requirements
shall not apply to existing structures proposed for rehabilitation
and re-use.
8.454. Minimum lot size: 25,000 square feet.
8.455. Minimum lot frontage: 50 feet.
8.456. Minimum setbacks: 10 feet from all public and private rights-of-way
for new construction. This requirement shall not be applicable to
existing structures if existing building footprints are within 10
feet of the right-of-way. However, this requirement shall be applicable
to existing structures if the required setback is in existence as
of the date of the filing for a Riverfront Overlay District special
permit.
8.4561.
Setback from the Charles River or public lands abutting the
Charles River. Projects that abut the Charles River or public land
abutting the Charles River shall be set back to the maximum extent
possible without precluding the economic viability of the project,
but in no instance less than 35 feet from public land abutting the
Charles River and in no instance less than 50 feet from the Charles
River or public lands abutting the Charles River, except in instances
where existing structures preclude this possibility. The setbacks
noted above shall be calculated as part of the minimum open space
requirement and may be subject to riverfront design criteria as noted
in Section 8.48.
8.457.
Minimum open space.
(a)
For all new construction in accordance with a Riverfront Overlay
District special permit, the minimum required open space, as defined
in Section 2.344, shall be as follows: for structures that have three
stories or fewer, the minimum open space requirement shall be 30%
of the total lot area; for structures that have more than three stories
or measure more than 35 feet in height, the minimum open space requirement
shall be 40% of the total lot area.
(b)
Open space requirements for existing structures shall be as
follows for projects up to FAR 0.75, the open space requirement shall
be 20%; for projects between FAR 0.76 and 1.5, the open spaces requirement
shall be 30%; for projects over FAR 1.5, the open space requirement
shall be 40%. The open space requirements noted above shall apply
to all existing structures except in instances where the location
of existing buildings, particular types of construction or preservation
of historic structures preclude the possibility of meeting the open
space requirements; in this instance, the open space requirements
for existing structures shall be determined by the City Council.
8.458.
Parking requirements.
(a)
The parking requirements for development pursuant to a Riverfront
Overlay District special permit shall conform to the parking requirements
set forth in Section 5.2 of this chapter, except that the parking
requirement for multifamily residential developments located within
1,000 feet of an active commuter rail station shall be 1.5 spaces
per unit. The 1,000 feet shall be measured in a direct line from the
closest lot line of the property on which the commuter rail station
is located to the closest lot line of the development. For mixed-use
developments, the reduced parking requirement shall only apply to
the residential portion of the development. Further, all at-grade
parking lots shall be screened on all sides by a strip of land at
least four feet wide, densely planted with evergreen shrubs or trees
forming an opaque screen. At planting, said screen shall have a height
of at least three feet and shall be maintained after one year at a
minimum height of four feet, but not more than six feet. Where appropriate
for reasons of safe sight lines or access, the screening requirements
may be reduced.
[Amended 11-2-2015 by Ord. No. 33340]
(b)
Where special permit applications involve re-use and rehabilitation
of existing structures and where the rehabilitation and re-use of
existing structures comprise more than 50% of the total floor area
of all buildings on the lot, excluding basements, the parking requirements
shall be determined by the City Council. The Council shall make findings
concerning lot size, lot shape, building to lot coverage ratio and
any other site planning considerations that could affect the provision
of off-street parking requirements consistent with this chapter. In
no instance, however, shall the City Council approve a special permit
for a rehabilitation project (as defined herein) that has less than
2/3 of the parking required by this chapter.
8.459. Signs. A plan for signs shall be submitted to the City Council for
approval. The Council shall grant approval of the plan for signs only
after it is satisfied that said plan for signs will not derogate from
the quality of the surrounding neighborhood and is consistent with
the sign regulations of this chapter.
8.46. General site plan criteria; relationship of buildings to the Charles
River.
8.461.
General site plan criteria.
(a)
Buildings constructed on lots that abut the Charles River or
public property that abuts the Charles River shall direct views and
pedestrian movement towards the river. Buildings shall avoid continuous
walls parallel to the river's edge by maintaining view and access
corridors.
(b)
Whenever possible and practical, elements on a site abutting
the Charles River shall step down in height towards the water's edge;
and open spaces, building entrances, shop fronts, plazas and similar
elements shall enhance pedestrian activity, access to and enjoyment
of the riverfront.
8.47. General site plan criteria applicable to mixed-use projects.
8.471. Location of residential uses. For newly constructed or rehabilitated
mixed-use projects, only residential uses shall be allowed on the
second through sixth stories. This restriction shall not apply to
mixed-use projects with Business B as the underlying zoning district.
8.472. Setbacks for residential uses. No newly constructed residential use
shall be located within 40 feet of any existing structure located
off-site; further, any residential use located more than 35 feet above
the existing grade shall be set back at least 65 feet from any existing
structures located off-site.
8.473. Uses allowed on each floor. No floor shall have both residential
and commercial uses. Further, residential uses shall not be allowed
on any floor that permits a portion of said floor to be used for parking
purposes.
8.474. Separation of entrances. Entrances and exits for residential uses
shall be separate and distinct from all commercial entrances and exits.
In no instance shall joint entrances be permitted.
8.475. Additional setbacks for vertical mixed-use. Residential uses located
above commercial uses may be required to be set back up to an additional
10 feet from the front and rear exterior building line of the structure
used for commercial purposes. However, the criteria of this subsection
shall not apply to existing structures rehabilitated and re-used for
mixed-use purposes that cannot meet the requirements of this subsection.
8.476. Requirements for horizontal mixed-use. Where a mixed-use development
would create separate exclusive residential and exclusive commercial
structures on one lot, the structures used for residential purposes
shall be at least 65 feet from any structure used for commercial purposes.
The total amount of required open space shall be consistent with the
open space requirements of Section 8.457. The total combined FAR for
all structures on the lot shall not exceed the FAR ratio permitted
(see Section 8.451). All other dimensional requirements shall be met
in accordance with Section 8.4.
8.48.
Site
plan review objectives.
(a) In order to establish a Riverfront Overlay District that encompasses
most of the Charles River riverfront in Waltham and is sensitive to
the variety of development and neighborhoods contained within said
area, the City of Waltham establishes the following site plan objectives
to serve as guidelines during the special permit review process. The
guidelines are expressed as general site plan objectives for eight
subsections of the Overlay District, and in no instance should they
be construed as specific special permit conditions. Each subsection
represents a substantially different neighborhood or development area
within the Overlay District. Please refer to the Riverfront Overlay
District Subsection Map in the Waltham Planning Department, the Building
Department or the City Clerk's Office for the specific locations of
the generally described subsections listed below. It is intended that
in addition to other site plan and special permit issues that may
be addressed during the review of any special permit application,
the applicable site plan objectives of Sections 8.481 through 8.488
shall be addressed by the City Council during the special permit review
process.
(b) Additionally, the site development criteria described in Section
8.5 represents the City's site development criteria for all riverfront
parks or walkways. Unless the applicant can show site conditions that
effectively preclude their use, the site development criteria of Section
8.5 shall be considered the City's riverfront park and walkway development
standards. In instances where the City Council agrees that the site
development criteria are inappropriate, the Council shall recommend
site development criteria specific to the site under review.
(c) Further, if the City Council chooses not to require any or all of
the applicable site plan objectives listed in Sections 8.481 through
8.488, the City Council shall state its reasons, in writing, as part
of its special permit decision if a special permit is granted.
8.481.
Site plan objectives for Subsection 1: South Bank, Cram's Cove
to the Prospect Street Bridge:
(a)
Establish a public walkway at least 15 feet in width along the
Charles River behind the Waltham Watch complex.
(b)
Link the current Metropolitan District Commission (MDC) holdings
along Woerd Avenue and provide for continuous public access along
the river in this location.
(c)
Link the MDC holdings along Woerd Avenue to any publicly accessible
riverfront walkway which may be associated with the former Waltham
Watch complex.
(d)
Seek to provide public access to the river near the former Waltham
Watch complex from the southeast side of the Prospect Street Bridge.
8.482.
Site plan objectives for Subsection 2: South Bank, Prospect
Street Bridge to Moody Street:
(a)
Establish a public walkway at least 15 feet in width along the
riverfront portion of the site previously occupied by the former Grover
Cronin department store.
(b)
Prevent a dead-end riverfront walkway at the previous Grover
Cronin site by requiring access to any riverfront walkway in this
area from both Moody Street and Crescent Street.
8.483.
Site plan objectives for Subsection 3: South Bank, Moody Street
to the Elm Street Bridge:
(a)
Expand the current public riverfront park behind the City of
Waltham parking lot in both an easterly and westerly direction; and
require that the width of any new public holdings be at least equivalent
in width to the current riverfront park.
(b)
Link the current public riverfront park to access point from
Moody Street.
8.484.
Site plan objectives for Subsection 4: South Bank, Elm Street
to the Boston and Maine Railroad Bridge:
(a)
Encourage residential redevelopment and restoration throughout
the entire subsection, and minimize mixed-use development except for
those projects fronting on Newton Street.
(b)
Through application of the minimum open space requirements,
augment the width of MDC holdings along the entire riverfront in this
subsection by at least 50 feet.
(c)
Encourage site plans that utilize Whitcomb, Liverpool and Muldoon
Streets as public accessways to the river; specifically, create public
sidewalk access from Calvary Street to the public portions of the
riverfront for the streets noted above, and additionally widen Liverpool
Lane to at least a forty-foot right-of-way and construct said right-of-way
consistent with public right-of-way standards.
8.485.
Site plan objectives for Subsection 5: South Bank, Boston and
Maine Railroad Bridge to the Waltham/Newton Line (Farwell Street Bridge):
(a)
Through the application of minimum open space requirements,
augment the width of MDC holdings along the entire riverfront in this
subsection by at least 50 feet.
(b)
Encourage site plans that create a public access to the river
from the southwest corner of the Farwell Street Bridge, said access
point being at least 25 feet in width and clearly separate from any
on-site development.
(c)
Promote additional public access points to the river by encouraging
site plans that create new public rights-of-way with sidewalks between
Calvary Street and the Charles River.
(d)
Encourage height limitations for newly constructed buildings
along Calvary Street from Cedar Street to Flood Street; specifically,
encourage site plans with a minimum thirty-five-foot building setback
from the lot line in said areas and a sixty-five-foot setback from
the lot line for portions of any structure reaching a height of more
than 40 feet.
8.486.
Site plan objectives for Subsection 6: North Bank, Farwell Street
Bridge to Boston and Maine Railroad Crossing Along River Street:
(a)
Create a public access to the river on the lot or portions of
the lot located at the northwest corner of the Farwell Street Bridge.
(b)
Create a public walkway along the entire length of the river
in this subsection at least 20 feet in width, and said walkway being
separate and distinct from any development on-site.
8.487.
Site plan objectives for Subsection 7: North Bank, Elm Street
to Moody Street:
(a)
Create a natural screen along Carter Street to buffer the Commons
from the MBTA station, and similarly, create a natural screen between
the southern boundary of the MBTA station and redevelopment or new
development.
(b)
Require significant landscaping and screening for any surface
parking lot associated with redevelopment or re-use of existing buildings
located within this subsection.
8.488.
Site plan objectives for Subsection 8: Moody Street to Prospect
Street, including Charles and Felton Streets:
(a)
Encourage the completion of the planned MDC riverfront park
from Moody Street to Prospect Street via the Boston and Maine right-of-way
up to and including the current Nova Biomedical property.
(b)
Encourage residential scale development along public rights-of-way
in this subsection by requiring fifty-foot setbacks from the front
lot line for any new buildings over 35 feet in height.
All projects that add to or create riverfront parks, walkways
and similar publicly accessible areas along the riverfront shall be
reviewed for consistency with the site development criteria for riverfront
parks on file in the Waltham Planning Department, i.e., Riverfront
Site Development Criteria. If a special permit application is submitted
not in accordance with the criteria noted above, the City Council
shall require the applicant to provide, in writing, the reasons for
noncompliance, and the Council shall include the written submission
as part of the overall special permit application.
Riverfront Site Development Criteria: To be filed in the Waltham
Planning Department:
Riverfront Site Development Criteria
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Site Development Criteria for Riverfront Parks, Walkways
and Similar Publicly Accessible Areas Along the Riverfront.
|
The following represent the City's site development criteria
for riverfront parks and walkways. The site development criteria shall
be used by the City Council during the special permit review process
to ensure implementation of a consistent riverfront park treatment.
In instances where the City Council agrees that the site development
criteria are inappropriate, the Council shall recommend other site
development criteria that are more appropriate for the site under
review.
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Existing Trees.
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If possible, existing trees, evergreen or deciduous, with a
caliper of five inches or greater shall be saved. These trees shall
be protected during construction.
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Tree Installation and Maintenance.
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Trees and shrubs shall be chosen from the list of Recommended
Plant Materials for the Riverfront Overlay District. Trees should
be of three-inch caliper or greater; the three-inch measurement shall
be made 18 inches above the installation grade. All trees shall be
balled and burlapped with native soil in which the material had been
growing.
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Number of trees. Trees shall be required at the rate of one
tree for each 30 feet of lot frontage on the Charles River. Additionally,
shrubs and evergreens to height of at least four feet shall be used
to screen parking lots from view of the River.
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Planting. Trees shall be located along the walkway and next
to the bench pad area to provide shade. Trees shall be naturally clumped
together in a pattern common to vegetative growth along riverfronts.
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Planting.
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Tree pits shall be excavated to allow a minimum of 10 inches
around sides of the tree ball. Backfill shall be placed around the
tree ball with a topsoil mix. Wood chips or mulch shall be placed
three inches deep to cover pit.
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Walkways.
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Walkways should be of bituminous concrete and should be at least
six feet but not more than eight feet in width with a five-foot bench
pad every 50 feet and a five-foot planting strip. See Detail No. 1. Walkways shall be set back from the river at least 10
feet and shall follow the natural topography of the riverbank. The
walkway shall be at a grade which is accessible to the handicapped.
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Bituminous Bench Pad Dimensions.
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Bench pads shall be located in fifty-foot intervals along the
walkway. A bench pad should be a twenty-by-five-foot paved surface.
Two benches and one trash receptacle shall be located at each bench
pad as shown. See Detail No. 1.
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Bituminous Concrete Walkway Specifications.
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The compacted subgrade will be eight-inch gravel borrow and
four-inch dense graded crushed stone. The walkway pavement shall have
a total compacted thickness of three inches. Binder course and finished
top course shall each be one-and-one-half-inch rolled thickness. See
Detail No. 3.
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Trash Receptacle Specifications.
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Trash receptacles shall have a cubic capacity of at least six
but not more than eight cubic feet and shall be designed to be easily
removed from a permanently anchored cast-iron exterior sleeve. The
cast-iron exterior sleeve shall be anchored to an independent concrete
pad or to a concrete pad associated with the anchoring of a bench.
The design of the exterior sleeve shall be approved by the City of
Waltham; in no instance, however, shall the trash receptacle be within
four feet of a bench or sitting area.
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Bench Specifications.
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Benches shall be Catalog No. B-76 as manufactured by Bench Manufacturing
Co., Concord, Massachusetts, or equal. All metal on benches shall
be cast iron with factory baked-on finish, color black. All benches
shall be supplied in lengths of six feet. Bench slats shall be mahogany
with protective sealer.
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Lighting Specifications.
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Cast-iron lamp post. Style: Harrisburg/Baltimore, 12 inches
high with a twenty-and-one-half-inch octagonal base.
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Luminaire. Style: William & Mary, 33 1/2 inches high;
cast aluminum; refractive polycarbonate panels; semigloss black finish;
120 volts.
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Lighting location. Posts shall be located every 30 feet or as
needed, depending upon the specific site. Lighting shall only be required
in areas which are open to the public after dark.
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Bank Stabilization Specifications.
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Construct bank stabilization improvements in areas where needed.
In a riprap technique, place boulders, fieldstone and rubblestone
on crushed stone base to establish tightly formed stone pattern with
no surface voids exceeding one inch in width.
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Recommended Plant Material for the Riverfront Overlay District.
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In the effort to promote a continuous landscape treatment in
the Riverfront Overlay District, the following list of trees and shrubs
is established to serve as recommended plant materials. These trees
and shrubs are suitable to a riverfront environment and will be used
in the Metropolitan District Commission Riverwalk on the northern
side of the Charles River.
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PLANT MATERIALS
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Botanical Name
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Common Name
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Deciduous Trees:
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Acer rubrum
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Red maple
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Betula nigra
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River birch
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Cladrastis lutea
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Yellow wood
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Fagus sylvatica
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European beech
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Liquidambar styraciflua
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Sweetgum
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Magnolia acuminata
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Cucumber magnolia
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Nyssa sylvatica
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Black tupelo
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Quercus rubra
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Red oak
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Flowering Trees:
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Acer ginnala
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Amur maple
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Amelanchier canadensis
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Shadblow service berry
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Cercis canadensis
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Eastern redbud
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Cornus kousa
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Japanese dogwood
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Cornus mas
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Cornelian cherry dogwood
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Malus x atrosanguinea
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Carmine crabapple
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Malus floribunda
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Japanese flowering crab
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Malus zumi calocarpa
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Zumi crabapple
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Evergreen Trees:
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Pinus nigra
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Austrian pine
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Pinus strobus
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Eastern white pine
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Pinus thunbergee
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Japanese black pine
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Deciduous Shrubs:
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Clethra alnifolia
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Summersweet clethra
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Aronia arbutifolia
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Red chokeberry
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Cornus species
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Dogwood (various species)
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Kalmia latifolia
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Mountain laurel
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Rhodolypos scandens
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Black jetbead
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Vaccinium corymbosum
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Highbush blueberry
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Viburnum species
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Viburnum (various species)
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Rosa species
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Roses
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Myrica pennsylvanica
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Northern bayberry
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[Added 6-26-2006 by Ord. No. 30450]
8.61. Establishment of Limited Commercial Revitalization Area Overlay District.
A Limited Commercial Revitalization Area Overlay District is hereby
established and is bounded as described on the Limited Commercial
Revitalization Area Overlay District Map, and in the written description
accompanying said map, both of which are on file with the City Clerk,
the Planning Department, the Consolidated Department of Public Works,
the Engineering Department, and with the Inspector of Buildings. The
map and the written description are incorporated herein by reference.
Said Limited Commercial Revitalization Area Overlay District boundaries
shall be superimposed on the Zoning District Map of Waltham so as
to indicate the extent of the Limited Commercial Revitalization Area
Overlay District.
8.611. District boundary determination. In the event of a conflict between
the written boundary description and the Limited Commercial Revitalization
Area Overlay District Map, the provisions of the written description
shall control. Where the written description is not clear, the provisions
of Sections 3.142 through 3.145 shall govern.
8.62. Purpose and objectives. To assist in accomplishing the purpose and
intent of this chapter, and to guide the redevelopment of certain
properties in the Limited Commercial District in order to revitalize
and modernize existing aged buildings along the Interstate 95/Massachusetts
Route 128 Corridor of the City of Waltham and, in so doing, to increase
the quality and value of commercial properties in the Limited Commercial
Zone thus maximizing local tax revenues without significantly reducing
open space or significantly impacting traffic in the area, the City
Council has established a Limited Commercial Revitalization Area Overlay
District with the following objectives:
8.621. To permit the orderly redevelopment of the area within the Limited
Commercial Revitalization Area Overlay District.
8.622. To provide the opportunity for commercial and mixed-use developments
that will allow for more efficient and sensitive use of land generally
associated with the Limited Commercial District.
8.623. To provide for greater flexibility in site planning and design than
would be permitted by the underlying zoning district.
8.624. To promote development that is compatible with a Limited Commercial
Revitalization Area setting and all surrounding neighborhoods.
8.625. To promote redevelopment of specific portions of the community consistent
with adopted land use and master plans.
8.63. Applicability; authority and procedure.
8.631. Applicability. An application for a Limited Commercial Revitalization
Area Overlay District special permit may be allowed for parcels of
land that are within the Limited Commercial Revitalization Area Overlay
District as designated on the City of Waltham Zoning Map.
8.632. Permit authority and procedure. The City Council shall be designated
as the special permit granting authority and shall grant special permits
consistent with the procedures set forth in MGLA c. 40A, Section 9,
and the conditions set forth in Section 3.5 of this chapter for special
permits related to an increase in intensity of use. An applicant must
request a pre-application conference with the Planning Department
to review the proposed project and the requirements of this section.
The Planning Department may require additional pre-application conferences
with other City Departments including but not limited to the Transportation
Department and the Engineering Department. An applicant for a Limited
Commercial Revitalization Area Overlay District special permit shall
file a development prospectus as required in Section 3.5 and, further,
shall submit a copy of the proposed site plan and plan for signs to
the Waltham Planning Department at the time the application is filed
with the City Clerk. The Planning Department, and any other department
with whom the applicant has had a preapplication conference, shall
have 35 days from the date of filing with the City Clerk to forward
any comments and recommendations in writing to the applicant and City
Council. The failure of said departments to make comments or recommendations
within said 35 days shall be deemed to be lack of opposition to the
application.
8.633. Traffic Safety and Infrastructure Maintenance Fund (fund). Applications
for a Limited Commercial Revitalization Area Overlay District special
permit shall be subject to all requirements of Section 3.5 pertaining
to the Traffic Safety and Infrastructure Maintenance Fund (fund) fees.
8.634. Transportation Planning. An applicant for a Limited Commercial Revitalization
Area Overlay District special permit shall submit with the Development
Prospectus a proposed plan to address transportation or any other
impacts of the proposed project as identified by the City during the
pre-application process.
8.64. Permitted uses. The following uses shall be permitted within the
Limited Commercial Revitalization Area Overlay District (overlay):
8.641. Uses in underlying district. Any use permitted in the underlying
district shall continue to be permitted consistent with the regulations
of the underlying district. The Limited Commercial Revitalization
Area Overlay District shall in no manner infringe upon the zoning
rights or requirements inherent in the underlying district unless
and until the owner of the property elects to and receives a Limited
Commercial Revitalization Area Overlay District special permit.
8.642. Reversion to prior zoning status. Once a special permit has been
granted and the project constructed, the site shall be subject to
the requirements of the special permit. In the event of a lapse, abandonment,
discontinuance or revocation of an overlay special permit, the property
would once again become subject to the requirements of the underlying
district.
8.643. Mixed use. Owners of property within the Limited Commercial Revitalization
Area Overlay District may apply for a special permit to allow mixed-use
development. In addition to the uses allowed in the Limited Commercial
District, permitted uses within such a development, when approved
as part of the special permit, shall also include retail stores and
restaurants, provided that the total gross floor area for all retail
uses shall not exceed 20% of the gross floor area of the development,
and further provided that the total gross floor area for all restaurant
uses shall not exceed 5% of the gross floor area of the development.
In addition, uses allowed by special permit in the Limited Commercial
District may be allowed as part of a mixed-use development when a
special permit for that use has been granted by the City Council in
accordance with the applicable special permit provisions for said
use, provided that the total gross floor area for such uses shall
not exceed 5% of the gross floor area of the development, and further
provided that when combined with the gross floor area for all retail
use and restaurant uses, the total gross floor area for all such uses
combined shall not exceed 25% of the gross floor area of the development.
For any development constructed under the provisions of this section,
in no case shall the total gross floor area for all retail uses contained
therein exceed 75,000 square feet, nor shall the total gross floor
area of any single retail establishment exceed 40,000 square feet.
8.644. Revitalization and modernization of existing aged buildings. For
the purpose of the Limited Commercial Revitalization Area Overlay
District, the following terms shall have the following meanings: "Existing
building" shall mean any building in existence as of the date of adoption
of this Limited Commercial Revitalization Area Overlay District; "Aged
building" shall mean any building that is more than 35 years old or,
in the case of a building of which part of the structure is 35 years
old or less, where 80% or more of the total gross floor area of the
building is more than 35 years old; "Revitalization and modernization"
shall mean substantial rehabilitation of an existing aged building
or buildings, or a complete demolition and removal of said building
or buildings followed by replacement with new construction, or any
combination thereof. Owners of existing structures may apply for a
special permit to revitalize and modernize existing aged buildings
for uses allowed in the underlying district, or as a mixed-use development
consistent with Section 8.643 above.
8.65. General dimensional criteria applicable to all Limited Commercial
Revitalization Area Overlay District projects. All projects developed
under a Limited Commercial Revitalization Area Overlay District special
permit (RO) shall conform to the conditions of the special permit
and to the dimensional criteria of the Limited Commercial Revitalization
Area Overlay District Ordinance provisions; and provided further,
that where a conflict exists between the provisions of Section 4.11
and the provisions of the Limited Commercial Revitalization Area Overlay
District Ordinance, the provisions of the Limited Commercial Revitalization
Area Overlay District Ordinance shall control.
8.651. Maximum floor area ratio (FAR). Projects developed using a Limited
Commercial Revitalization Area Overlay District special permit shall
be subject to the following FAR criteria: In connection with its granting
of a Limited Commercial Area Revitalization Overlay District special
permit, the City Council may increase the Floor Area Ratio up to 1.2.
However, existing buildings whose FAR exceeds the FAR criteria listed
in this section may be rehabilitated and reused for mixed-use purposes,
not to exceed the existing FAR (floor area ratio), upon approval of
the City Council, if the Council determines that rehabilitation of
said structure will not adversely affect the surrounding neighborhood.
8.652.
Dimensional relief. In granting a Limited Commercial Revitalization Area Overlay District special permit the City Council may, in addition, grant a special permit adjusting the dimensional requirements of Section 3.5 and Article
IV, Sections 4.1 and 4.2, and Section 4.11, Table of Dimensional Regulations, subject to the following limits:
(a)
Minimum building setbacks from side and rear lot lines: no less
than 25 feet;
(b)
Minimum front yard setback: no less than 50 feet;
(c)
Maximum building height: not more than 75 feet;
(d)
Maximum stories: not more than six stories;
(e)
Maximum lot coverage: not more than 50%; and
(f)
Minimum distance between principal buildings: not less than
50 feet.
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In no case shall such dimensional relief be granted unless the City Council finds that such dimensional relief is in harmony with the purposes and intent of the Waltham Zoning Ordinance and may be granted without resulting in substantial detriment to abutting properties or the neighborhood. In connection with a Limited Commercial Revitalization Area Overlay District special permit, the City Council may exclude from the calculation of "lot coverage" under Article IV, Sections 4.1 and 4.2, and Section 4.11, Table of Dimensional Regulations, any parking deck that it finds to be designed and screened to appear from the main entrance as if it is at or near to ground level. Landscaped areas on the surface of such parking decks may be included in the calculation of "open space" for the purposes of Section 8.6, Section 3.5, and Article IV.
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8.66. Additional dimensional criteria.
8.661. Maximum height. No structure built as a result of a Limited Commercial
Revitalization Area Overlay District special permit shall be higher
than 75 feet or six stories, whichever is less. However, existing
buildings rehabilitated and reused under a Limited Commercial Revitalization
Area Overlay District special permit, whose existing height exceeds
75 feet, may be permitted upon approval of the City Council, not to
exceed the height of existing building, if the Council determines
that rehabilitation of said structure will not adversely affect the
surrounding neighborhood.
8.662. Lot coverage. The structure or structures of any new development
shall not exceed a total lot coverage of 50%. Parking areas, parking
structures and recreational structures, including but not limited
to swimming pools and tennis courts, may be excluded by City Council
in the calculation of the permitted lot coverage. However, existing
structures rehabilitated and reused under a Limited Commercial Revitalization
Area Overlay District special permit, whose existing lot coverage
exceeds 50%, may be permitted upon approval of the City Council, if
the Council determines that rehabilitation of said structure will
not adversely affect the surrounding neighborhood.
8.663.
Minimum setbacks: In addition
to the minimum setbacks provided for in Section 8.652, the following
minimum setbacks shall apply to all projects constructed under a Limited
Commercial Revitalization Area Overlay District special permit.
(a)
No building or structure constructed pursuant to a Limited Commercial
Revitalization Area Overlay District special permit shall be erected
or placed within 50 feet of the front lot line. This requirement shall
not be applicable to existing structures if existing building footprints
are within 50 feet of the front lot line. However, this requirement
shall be applicable to existing structures if the required setback
is in existence as of the date of the filing for a Limited Commercial
Revitalization Area Overlay District special permit.
(b)
A Limited Commercial Revitalization Area Overlay District special
permit shall not include any lot that abuts a residential zone or
is within 500 feet of any residential zone.
(c)
A Limited Commercial Revitalization Area Overlay District special
permit shall not include any lot that abuts a conservation recreation
zone or is within 500 feet of any conservation recreation zone.
(d)
Underground parking. Any parking structure, or any portion thereof,
which is constructed below the existing grade, so as not to be visible
from any abutting property or any public or private way, shall not
be subject to the requirements for minimum distances between buildings
or minimum setbacks from front, side, and rear lot lines, provided
that in no case shall such a structure be located within 15 feet of
any front, side, or rear lot line.
8.664. Parking requirements. The parking requirements for development pursuant
to a Limited Commercial Revitalization Area Overlay District special
permit shall conform to the parking requirements set forth in Section
5.2 of this chapter.
8.665. Signs. A plan for signs shall be submitted to the City Council for
approval. The Council shall grant approval of the plan for signs only
after it is satisfied that said plan for signs will not derogate from
the quality of the surrounding neighborhood and is consistent with
the sign regulations of this chapter.
8.67.
General site plan criteria. A
Limited Commercial Revitalization Area Overlay District special permit
may be granted by the City Council after findings that:
(a) The site is well served by existing highway infrastructure;
(b) The site is an appropriate location for more intense development
to promote jobs, municipal tax revenue, or other public benefits for
the City of Waltham;
(c) The project is appropriate to revitalize the existing aging commercial
building infrastructure of the City of Waltham located along the Route
128 Corridor;
(d) Any retail and/or restaurant uses included within the project will
enhance the quality of the development for its occupants and visitors
or the residents of the City of Waltham; and
(e) The special permit may be granted without resulting in substantial
detriment to abutting properties or the neighborhood.
[Added 6-24-2013 by Ord. No. 31971]
8.71. Establishment of the Limited Commercial Residential Area Protection
Overlay District. A Limited Commercial Residential Area Protection
Overlay District (LCR) is hereby established and is bounded as described
on the Limited Commercial Residential Area Protection Overlay District
Map, and in the written description accompanying said map, both of
which are on file with the City Clerk, the Planning Department, the
Consolidated Department of Public Works, the Engineering Department,
and with the Inspector of Buildings. The map and the written description
are incorporated herein by reference. Said Limited Commercial Residential
Area Protection Overlay District boundaries shall be superimposed
on the Zoning District Map of Waltham so as to indicate the extent
of the Limited Commercial Residential Area Protection Overlay District.
8.711. District boundary determination. In the event of a conflict between
the written boundary description and the Limited Commercial Residential
Area Protection Overlay District Map, the provisions of the written
description shall control. Where the written description is not clear,
the provisions of Sections 3.142 through 3.145 shall govern.
8.72. Purpose and objectives. To assist in accomplishing the purposes and
intent of this chapter, and to guide the redevelopment of certain
properties in the Limited Commercial District in order to revitalize
and modernize existing aged buildings along the Wyman Street corridor
in that this corridor has the oldest existing commercial buildings
in the Limited Commercial Zoning District, and in so doing, to increase
the quality and value of commercial properties in this part of the
Limited Commercial Zoning District, thus maximizing local tax revenues
without significantly reducing open space or significantly impacting
traffic in the area, the City Council has established a Limited Commercial
Residential Area Protection Overlay District with the following objectives:
8.721. To protect and preserve the residential neighborhoods which abut
the Limited Commercial Residential Area Protection Overlay District;
8.722. To promote development that is compatible with the Limited Commercial
Residential Area Protection Overlay District and the surrounding residential
neighborhoods;
8.723. To promote the orderly rehabilitation and/or demolition of existing
aged buildings in the Limited Commercial Residential Area Protection
Overlay District by permitting their rehabilitation, or their reconstruction,
or construction of new buildings in place thereof, without significantly
reducing open space or significantly impacting traffic in the area;
and
8.724. To provide for greater flexibility in site planning and design than
would be permitted by the underlying Limited Commercial Zoning District.
8.73. Applicability; authority and procedure.
8.731.
Applicability. An
application for a Limited Commercial Residential Area Protection Overlay
District special permit may be allowed for any building that is within
the Limited Commercial Residential Area Protection Overlay District
as designated on the City of Waltham Zoning Map, provided:
(a)
The building which is the subject of such special permit shall
be an existing aged building. For the purposes of this Limited Commercial
Residential Area Protection Overlay District:
(1)
An "existing building" shall mean any building in existence
as of the date of adoption of this Limited Commercial Residential
Area Protection Overlay District.
(2)
An "aged building" shall mean any existing building that is
more than 35 years old or, in the case of a building of which part
of the structure is 35 years old or less, where 80% or more of the
total gross floor area of the building is more than 35 years old.
The measurement of the 35 years shall be taken from the date of the
issuance of the original building permit, as on file at the Building
Department.
(3)
"Revitalization and modernization" shall mean substantial rehabilitation
of an existing aged building or buildings, or a complete demolition
and removal of said building or buildings followed by replacement
with new construction, or any combination thereof.
(4)
A "principal residential building" shall mean the principal,
and not an accessory, building located on a lot, which principal residential
building was in existence at the time of the enactment of this Limited
Commercial Residential Area Protection Overlay District Ordinance.
(b)
An applicant may apply for a special permit hereunder to revitalize
and modernize an existing aged building as set forth herein, provided:
(1)
The revitalized and modernized building is not to be located
within 500 feet of a principal residential building which was in existence
at the time of the enactment of Section 8.7; and
(2)
Limited Commercial Residential Area Protection Overlay District
special permits shall only be granted for uses which are allowed in
the underlying Limited Commercial Zoning District.
8.732.
Permit authority
and procedure.
(a)
The City Council is hereby designated as the special permit
granting authority for a Limited Commercial Residential Area Protection
Overlay District special permit, and any special permits the City
Council decides in its discretion to grant must comply with the requirements
of M.G.L. c. 40A, § 9, and must satisfy the requirements
of Section 3.5 of this chapter for special permits related to an increase
in intensity of use.
(b)
Prior to filing an application for a special permit hereunder,
an applicant must request a preapplication conference with the Planning
Department to review the proposed project and the requirements of
this section. The Planning Department may request additional preapplication
conferences with other City departments, including but not limited
to the Transportation Department and the Engineering Department.
(c)
An applicant for a special permit hereunder shall comply with
all requirements of Section 3.5 for an intensity of use special permit,
including but not limited to the filing of a development prospectus
and plans, and shall also comply with all rules of the City Council,
as amended from time to time. A copy of said plans and the development
prospectus shall be filed with the Waltham Planning Department at
the time the application is filed with the City Clerk.
(d)
The Planning Department, and any other department with which
the applicant has had a preapplication conference, shall have 35 days
from the date of the filing of the application for a special permit
hereunder with the City Clerk to forward any comments and recommendations
in writing to the applicant and the City Council. The failure of said
departments to make such written comments or recommendations within
said 35 days shall be deemed to be lack of opposition to the application.
8.733. Traffic Safety and Infrastructure Maintenance Fund. Applications
for a Limited Commercial Residential Area Protection Overlay District
special permit shall be subject to all requirements of Section 3.5
pertaining to the Traffic Safety and Infrastructure Maintenance Fund
fees.
8.734. Transportation planning. An applicant for a special permit hereunder
shall submit with the development prospectus a proposed plan to address
transportation or any other impacts of the proposed project as identified
by the City departments during the preapplication process.
8.74.
Permitted uses.
(a) Only uses which are allowed in the Limited Commercial Zoning District
shall be allowed in the Limited Commercial Residential Area Protection
Overlay District.
(b) Once a special permit has been granted and the project constructed,
the site shall be subject to the requirements of the special permit.
In the event of a lapse, abandonment, discontinuance or revocation
of an overlay special permit, the property shall once again be subject
to the requirements of the underlying district.
8.75. General dimensional criteria applicable to all Limited Commercial
Residential Area Protection Overlay District special permits. All
projects developed under a Limited Commercial Residential Area Protection
Overlay District special permit shall conform to the conditions of
the special permit and to the dimensional criteria of the Limited
Commercial Residential Area Protection Overlay District; and provided,
further, that where a conflict exists between the provisions of Section
4.11 of this chapter and the provisions of this Limited Commercial
Residential Area Protection Overlay District, the provisions of this
Limited Commercial Residential Area Protection Overlay District shall
control, for all special permits granted pursuant to Section 8.7.
8.751.
Maximum floor area
ratio (FAR). Projects developed using a Limited Commercial Residential
Area Protection Overlay District special permit shall be subject to
the following FAR criteria:
(a)
In connection with the granting of a Limited Commercial Residential
Area Protection Overlay District special permit, the City Council
may allow an increase of the floor area ratio up to 1.20.
8.752.
Dimensional requirements
in a Limited Commercial Residential Area Protection Overlay District.
(a)
In granting a Limited Commercial Residential Area Protection
Overlay District special permit, the City Council may, in addition,
grant a special permit adjusting the dimensional requirements of Section
3.5, and Sections 4.1 and 4.2, and Section 4.11 (Table of Dimensional
Regulations), and the footnotes in Section 4.12, subject to the following
limits:
(1)
Minimum building setback from a principal residential building:
no less than 500 feet.
(2)
Minimum building setbacks from side and rear lot lines: no less
than 25 feet, provided that in no event shall either the side yard
setback or the rear yard setback be less than 1/2 the height of the
building.
(3)
Minimum front yard setback: no less than 50 feet.
(4)
Maximum building height: not more than 75 feet.
(5)
Maximum stories: not more than six stories.
(6)
Maximum lot coverage: not more than 50%.
(7)
Minimum distance between principal buildings: not less than
50 feet.
(8)
Minimum distance between a principal building and an accessory
building, or between two or more accessory buildings: 10 feet.
(9)
If buildings, whether principal and/or accessory, meet the minimum
criteria of Subsection (a)(6) or (7) hereof, they shall be exempt
from all of the provisions of Section 4.12(5) and Section 4.215; provided,
however, in each instance, the buildings shall comply with all front,
side and rear yard requirements of this Limited Commercial Residential
Area Protection Overlay District and the rules and regulations of
the Board of Survey and Planning.
(b)
Before allowing any of the above adjustments to the dimensional
requirements, the City Council must find that the proposal is in harmony
with the purposes and intent of the Zoning Ordinance and may be allowed
without resulting in substantial detriment to abutting residential
properties or residential neighborhoods.
(c)
In connection with a Limited Commercial Residential Area Protection Overlay District special permit, the City Council may exclude from the calculation of "lot coverage," Sections 4.1 and 4.2, and Section 4.11 (Table of Dimensional Regulations) and the footnotes in Section 4.12, any parking deck that it finds to be designed and screened to appear from the main entrance, which term shall mean any entrance to the locus from any public way, as if it is at or below ground level. Landscaped areas on the surface of such parking decks may be included in the calculation of "open space" for the purposes of Section 8.7, Section 3.5, and Article
IV with respect to Limited Commercial Residential Area Protection Overlay District special permits.
8.76. Existing aged buildings. The following constitute exceptions to the
Dimensional Requirements set forth in Sections 8.751 and 8.752.
8.761. Floor area ratio (FAR). Existing aged buildings revitalized and modernized
under a Limited Commercial Residential Area Overlay District special
permit, whose FAR exceeds 1.20, may be permitted to maintain a FAR
up to the existing FAR after revitalization and modernization, provided
the City Council, as part of the special permit hereunder, determines
that the revitalization and modernization of said existing aged building
will not adversely affect the surrounding residential neighborhoods.
8.762. Lot coverage. The structure or structures of any new development
shall not exceed a total lot coverage of 50%. Parking areas, parking
structures and recreational structures, including but not limited
to swimming pools and tennis courts, may be excluded by City Council
in the calculation of the permitted lot coverage. However, existing
structures rehabilitated and reused under a Limited Commercial Residential
Area Protection Overlay District special permit, whose existing lot
coverage exceeds 50%, may be permitted upon approval of the City Council,
if the Council determines that rehabilitation of said structure will
not adversely affect the surrounding neighborhood.
8.77.
Parking requirements. The parking requirements for development pursuant to a Limited Commercial Residential Area Protection Overlay District special permit shall conform to the parking requirements set forth in Article
V of this chapter, with the following exceptions:
(a) No surface parking shall extend within 15 feet of any residential
zoning district lot line and/or lot line of any property used for
residential purposes.
(b) The minimum setback for a parking garage, whether underground or
above ground, from a principal residential building, shall be no less
than 500 feet, provided the City Council may, as part of the grant
of this Limited Commercial Residential Area Protection Overlay District
special permit, allow the garage to be located closer than 500 feet
from any principal residential building if, and only if, as part of
this special permit, the City Council first determines that the location
will not affect the surrounding residential neighborhood. However,
in no event shall the City Council locate the garage any closer than
300 feet from any principal residential building.
(c) Underground parking. Where a parking structure, or any portion thereof,
is constructed below the existing grade, so as not to be visible from
any abutting commercial property or any public or private way, the
City Council may, as part of the grant of this Limited Commercial
Residential Area Protection Overlay District special permit, allow
said garage to be located within the minimum distances between buildings
on the same lot, and to be located within 15 feet of any front, side
or rear yard, provided that in no case shall such a parking structure
be located within 500 feet of a principal residential structure, unless
it has been allowed to be so located under Section 8.77(c) hereof.