[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. Encourage a mix of moderate- and high-density development within
walking distance of transit stations to increase transit ridership.
B. Create a pedestrian-friendly environment to encourage walking, bicycling
and transit use.
C. Provide an alternative to traditional development by emphasizing
mixed-use, pedestrian-oriented development.
D. Create a neighborhood identity that promotes pedestrian activity,
human interactions, safety and livability.
E. Encourage building reuse and infill to create higher densities.
F. Reduce auto dependency and roadway congestion by locating multiple
destinations and trip purposes within walking distance of one another.
G. Provide a range of housing options for people of different income
levels and at different stages of life.
H. 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:
RIGHT-OF-WAY (ROW)
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.
TOWNHOUSE
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.
TRANSIT-ORIENTED DEVELOPMENT
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. Within the Transit-Oriented Development District the following density
and dimensional requirements shall apply:
(1) Minimum lot area: 15,000 square feet.
(2) Minimum frontage: 100 feet.
(3) Minimum front setback: 10 feet.
(4) Minimum side setback: 10 feet.
(5) Minimum rear setback: 10 feet.
(7) Maximum number of stories: five.
(8) Maximum lot coverage: 85%.
B. Lots within the Transit-Oriented Development District (TOD) may contain
more than one principal building.
C. 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. Primary uses by right. The following primary uses in the Transit-Oriented
Development District (TOD) are allowed by right:
(1)
Multifamily residential (four units or more), apartments/condominiums.
(4)
Railroad passenger terminal.
(5) Three-family use.
[Added 11-29-2022]
B. 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:
(3)
Barber/hair salon/nails/tanning.
(4)
Eating/drinking establishments.
(5)
Eating/drinking establishments (takeout only).
(6)
Gymnasiums/fitness establishments.
[Amended 11-29-2022]
(8)
Medical and dental (under 7,999 square feet).
(11)
Offices (under 7,999 square feet).
(15)
Retail (under 7,999 square feet).
(16)
Wireless communication antenna.
(17) Amenities associated with primary uses, including dog parks.
[Added 11-29-2022]
C. 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:
(2)
Colleges and universities.
(5)
Drive-through establishment/access drive through.
(7)
Medical and dental (over 8,000 square feet).
(8)
Offices (over 8,000 square feet).
(9)
Retail (over 8,000 square feet).