The purpose of this Section 4800 is:
a.
To promote mixed-use development in accordance with the principles
of "smart growth," which increases the availability of affordable
housing, provides housing alternatives to meet local needs, promotes
walkable neighborhoods, takes advantage of compact design, fosters
distinctive and attractive village settings, preserves critical environmental
assets, including drinking water supply quality and quantity, surface
and groundwater quality and quantity, wetlands preservation and air
quality, and supports economic revitalization in the Town Center and
other commercial, transit-oriented locations.
b.
To provide additional planning flexibility for projects located in
the Town Center and other commercial locations in Town with regard
to density and site design, while remaining consistent with the Post
Office Square Design Guidelines and water pollution control, water
management, wetlands and other environmental and public health regulations
and policies.
c.
To permit the use of new development standards which will promote
the desired changes in the Town Center and other commercial, transit-oriented
locations.
The MUOD is hereby designated as including the Business A, Business
B and Business C Districts, except those portions of the aforesaid
Business Districts which are within the Surface or Groundwater Protection
Districts. The MUOD shall not restrict owners' rights relative to
the underlying zoning district. However, if an owner elects to use
the MUOD for development purposes, all development shall conform to
the regulations set forth in this section, as well as all other relevant
provisions of the Sharon Zoning and General Bylaws.
Retail and business uses currently permitted in the Business
A, Business B and Business C Districts, and residential apartments
in the upper floors of structures, shall be permitted in the MUOD.
Authorization for any uses within an MUOD development which would
require a special permit under underlying zoning shall be obtained
through the Planning Board. Residential apartments on the first floor
of a structure which does not front on a public way shall be permitted
only at the discretion of the Planning Board.
The minimum density for MUOD developments shall be 20 units
per acre, provided the development has access to or creates a shared
system and treatment works as defined by 310 CMR 15.00. In the absence
of a shared system and treatment works, the minimum density may be
waived, subject to the special permit. The maximum number of units
shall be limited by the more restrictive of the following factors:
the number of full-sized parking spaces which could be provided and/or
full compliance with the Board of Health and zoning wastewater management
regulations, or Conservation Commission Wetlands Regulations.
A plan for the treatment of wastewater from a proposed development
in the MUOD must be approved by the Board of Health in accordance
with all applicable regulations.
All new construction in the MUOD shall neither exceed four stories
nor a building height of 45 feet. Accessories and architectural features
extending above the roofline may not exceed a height of 50 feet.
a.
A minimum of one space per residential unit shall be provided, in
addition to parking required for retail and business uses pursuant
to Subsection 3111. With the approval of the Planning Board, up to
25% of the total number of residential parking spaces for a development
located within a 1/2 mile of the train station may be used to meet
the required parking for retail and business uses, and up to 50% of
the total number of residential parking spaces for a development located
more than 1/2 mile from the train station may be used to meet the
required parking for retail and business uses, where it can be demonstrated
that the hours of operation for retail and business uses at the development
will be during daytime hours only.
b.
In order to provide for better site design, up to 25% of the total
number of parking spaces may, at the discretion of the Planning Board,
be allocated for compact cars with dimensions of eight feet by 18
feet. Such spaces shall be clearly designated for compact cars only.
Compact spaces cannot be applied in calculating the density of residential
units, but they may be used to meet minimum open space requirements
and provide for between site design and stormwater drainage.
c.
Off-site parking, as allowed under Subsection 3112 of the Zoning
Bylaw, may not be counted toward the requirements for residential
units, but may be counted toward nonresidential parking requirements.
Street parking, as with other publicly owned parking spaces within
400 feet of the site, may be counted toward the nonresidential parking
requirements.
d.
Multi-level parking may be allowed not to exceed two levels if determined
by the Planning Board to be appropriate. Such parking may be shared
with others off-site, provided it is within 400 feet of the site and
the Planning Board is provided with acceptable written proof.
The open space requirement for a development in the MUOD may
be reduced to a minimum of 15% of the lot area if the development
proposal includes the use of planting areas, porous paving surfaces
and other techniques to ensure adequate drainage and filtering of
stormwater.
A minimum of 20% of housing units in a development in the MUOD
must be affordable to households earning up to 80% of median income,
or as affordable housing may be otherwise defined from time to time
by the United States Department of Housing and Urban Development.
The affordability of such units shall be assured in perpetuity through
the use of an affordable housing restriction.
a.
All projects developed using the MUOD shall be subject to the site
plan review procedures of the Planning Board as provided in Subsection
6330, as well as the Town's Stormwater Discharges Generated by Construction
Activity General Bylaw.[1] Projects undergoing extended design review shall be required
to submit to the Planning Board the basic site plan contents and may
be required to provide a study model at an appropriate scale and coverage
as determined by the Planning Board.
b.
The elements highlighted in the Design Guidelines as enumerated in
site plan review, including pathways connecting to adjacent sidewalks,
parking areas, sitting areas, a plan for storage areas, lighting,
shade trees and other landscaping, shall be provided for review by
the Planning Board. Developers are encouraged to meet with the Downtown
Revitalization Committee to discuss their projects with respect to
the Post Office Square Design Guidelines.
The Planning Board shall be the special permit granting authority
for MUOD developments, as well as the authority for site plan review.
Authorization for any uses within an MUOD development which would
require a special permit under underlying zoning shall also be obtained
through the Planning Board. This section does not supersede the authority
of the Conservation Commission or Board of Health over matters within
their jurisdiction.
