[Amended 11-29-2022]
The purpose of this article is to allow for the redevelopment
of a mixed-use pedestrian/transit center (TOD) around the East Taunton
MBTA commuter rail station on County Street. The intent of the Transit-Oriented
Development Overlay District is to promote a lively, prosperous neighborhood
center that serves as an attractive place to live, work, shop and
recreate with less reliance on the automobile. Specifically, the purposes
of the TOD are to:
A.Â
Encourage a mix of moderate- and high-density development within
walking distance of transit stations to increase transit ridership.
B.Â
Create a pedestrian-friendly environment to encourage walking, bicycling
and transit use.
C.Â
Provide an alternative to traditional development by emphasizing
mixed-use, pedestrian-oriented development.
D.Â
Create a neighborhood identity that promotes pedestrian activity,
human interactions, safety and livability.
E.Â
Encourage building reuse and infill to create higher densities.
F.Â
Reduce auto dependency and roadway congestion by locating multiple
destinations and trip purposes within walking distance of one another.
G.Â
Provide a range of housing options for people of different income
levels and at different stages of life.
H.Â
Comply
with the requirements of MGL c. 40A, § 3A.
[Amended 11-29-2022]
The Board of Appeals is hereby designated the special permit granting authority (SPGA) for an applicant seeking a transit-oriented development for secondary uses by special permit. The SPGA shall follow the procedural requirements for special permits set forth in MGL c. 40A, § 9, and §§ 440-304 and 440-305 of this chapter. After notice and public hearing and after due consideration of the reports and recommendations of the other City boards and commissions and/or departments, the SPGA may grant a higher density than allowed by right. The SPGA shall also impose, in addition to any applicable conditions specified in this article, such conditions as the SPGA finds reasonably appropriate to improve the site design and address concerns, including but not limited to water and air quality, other environmental resources, traffic safety and/or other concerns related to the purpose of this article. Such conditions shall be imposed in writing, and the applicant may be required to post a bond or surety for compliance with said conditions in an amount satisfactory to the SPGA. Per MGL c. 40A, § 3A, multifamily uses shall only be subject to site plan review which shall not be used to deny a project but rather may be utilized to impose conditions that do not have the effect of making the project infeasible or impractical to proceed.
The provisions of this article shall apply to land identified
as the Transit-Oriented Development District (TOD) as designated on
the Zoning Map once approved by the Municipal Council.
As used in this article, the following terms shall have the
meanings indicated:
A strip of land acquired by reservation, dedication, prescription,
or condemnation and intended to be occupied by a street, trail, railroad,
waterline, sanitary sewer, and/or other public utilities or facilities.
A one-family dwelling unit, with private entrance, which
is a part of a structure whose dwelling units are arranged horizontally
in a linear arrangement, and having exposed front and rear walls for
access, light and ventilation. In a mixed-use development a townhouse
structure may have parking in the rear and/or commercial uses along
the front of the first floor.
A mixed-use district (including retail, office, attached
multifamily and single-family residential) designed specifically for
pedestrian, transit and bike use, as identified as the Transit-Oriented
Development District and designated on the Zoning Map once approved
by the Municipal Council.
[Amended 6-6-2016; 11-29-2022]
A.Â
Within the Transit-Oriented Development District the following density
and dimensional requirements shall apply:
B.Â
Lots within the Transit-Oriented Development District (TOD) may contain
more than one principal building.
C.Â
A base density of 20 residential units per acre is allowed in the
TOD District.
In the Transit-Oriented Development District (TOD) the provisions of § 440-502 shall be superseded by the following section. Any use not specifically listed below shall be prohibited.
A.Â
Primary uses by right. The following primary uses in the Transit-Oriented
Development District (TOD) are allowed by right:
B.Â
Secondary uses by right. The following uses in the Transit-Oriented Development District (TOD) are allowed by right, only as a secondary use in conjunction with the uses listed in Subsection A above:
(1)Â
Bakeries.
(2)Â
Banks.
(3)Â
Barber/hair salon/nails/tanning.
(4)Â
Eating/drinking establishments.
(5)Â
Eating/drinking establishments (takeout only).
(6)Â
Gymnasiums/fitness establishments.
[Amended 11-29-2022]
(7)Â
Laundries.
(8)Â
Medical and dental (under 7,999 square feet).
(9)Â
Museums.
(10)Â
Newstands.
(11)Â
Offices (under 7,999 square feet).
(12)Â
Photography studio.
(13)Â
Printing/copy/retail.
(14)Â
Rental establishment.
(15)Â
Retail (under 7,999 square feet).
(16)Â
Wireless communication antenna.
(17)Â
Amenities associated with primary uses, including dog parks.
[Added 11-29-2022]
C.Â
Secondary uses by special permit. The following secondary uses in
the Transit-Oriented Development District (TOD) are allowed by the
granting of a special permit:
(1)Â
Assisted living.
(2)Â
Colleges and universities.
(3)Â
Classrooms/buildings.
(4)Â
Community centers.
(5)Â
Drive-through establishment/access drive through.
(6)Â
Hotels/motels.
(7)Â
Medical and dental (over 8,000 square feet).
(8)Â
Offices (over 8,000 square feet).
(9)Â
Retail (over 8,000 square feet).
(10)Â
Theaters.
B.Â
Developments within the TOD will provide a minimum five-foot-wide
sidewalk along the ROW.
[Amended 11-29-2022]
C.Â
All crosswalks shall be constructed to provide both a change in color
and texture from regular roadway surface. Such changes shall be ADA
compliant.
D.Â
Lighting for street shall be limited to 15 feet in height and have
shields directing light downward with a total cutoff of all light
at less than 90° from vertical.
E.Â
Parking standards for commercial uses may be reduced by 15% to 30%
when applicant provides SPGA information showing there are different
peak parking demand times by the various uses proposed within the
development or the applicant provides financial assistance to GATRA
shuttle operations.
F.Â
Residential units shall have a minimum of 1.25 parking spaces. Residential
parking should be clearly marked or separated from commercial or MBTA
commuter parking.
[Amended 11-29-2022]
G.Â
Architectural details of all buildings, including texture of wall
and roof materials, should reflect the existing historical architecture
of the neighborhood and traditional New England architectural features.
Traditional New England features shall include but not be limited
to elements such as sloped roofs and cupolas and elements of the Federal,
Greek Revival and/or Georgian styles.
H.Â
Buildings shall be oriented parallel or perpendicular to the street.
I.Â
Buildings shall be placed close to the street.
J.Â
Long horizontal facades should be avoided by the incorporating of
recesses and projections. Said recesses and projections shall be a
minimum of 10 feet in width and two feet in depth.
K.Â
The mass, proportion and scale of the building, roof pitch and the
proportions and the relationship between doors and windows should
be harmonious with the surrounding buildings.
L.Â
Way-finding and traffic signs shall be simple geometric shapes a
maximum size of two feet by three feet. Colors should be limited to
two or three colors that complement the building.
[Amended 11-29-2022]
M.Â
A minimum of 50% of the building's street facade(s) shall contain
windows.
N.Â
Complex roofs are encouraged with secondary roofs smaller and lower
than the main roofline.
O.Â
When an applicant is creating five or more dwelling units, the applicant
shall provide a detailed affordable housing report to the SPGA on
the current status of the number and percent of affordable units listed
under MGL c. 40B, §§ 20 to 23, and the commonwealth's
local initiative program. If the Board of Appeals determines the number
of affordable units is below the percentage required under MGL c.
40B, the applicant shall provide a minimum of 10% of the total number
of units as affordable. An affordable dwelling unit is a dwelling
unit available at a cost of no more than 30% of the gross household
income of households at or below 80% of the Bristol County median
income as reported by the U.S. Department of Housing and Urban Development,
including units listed under MGL c. 40B, §§ 20 to 23,
and the commonwealth's local initiative program. It is intended that
the affordable housing units that result from this subsection be considered
as local initiative program (LIP) dwelling units in compliance with
requirements for the same as specified by the Department of Housing
and Community Development and that said units count towards the City's
requirements under MGL c. 40B, §§ 20 to 23. A deed
restriction on the future resale or maximum leasing or renting charged
shall be required by the SPGA.
[2]
Editor's Note: This ordinance also repealed former § 440-1708,
Review criteria, which immediately followed.
