It is the purpose of this article to establish a Lincoln Park
Smart Growth Overlay District and to encourage smart growth in accordance
with the purposes of MGL Chapter 40R, and to foster a range of housing
opportunities along with a mixed-use development component, to be
proposed in a distinctive and attractive site development program
that promotes compact design, preservation of open space, and a variety
of transportation options, including enhanced pedestrian access to
employment and nearby transportation systems. Other objectives of
this article are to:
A. Promote the public health, safety, and welfare by encouraging diversity
of housing opportunities;
B. Provide for a full range of housing choices for households of all
incomes, ages, and sizes in order to meet the goal of preserving municipal
character and diversity;
C. Increase the production of a range of housing units to meet existing
and anticipated housing needs;
D. Provide a mechanism by which residential development can contribute
directly to increasing the supply and diversity of housing;
E. Establish requirements, standards, and guidelines, and ensure predictable,
fair and cost-effective development review and permitting;
F. Establish development standards to allow context-sensitive design
and creative site planning;
G. Enable the Town to receive Zoning Incentive Payments and/or Density Bonus Payments in accordance with MGL Chapter 40R, 760 CMR 59.06, and additional Chapter
70 aid in accordance with MGL Chapter 40S arising from the development of housing in the Lincoln Park Smart Growth Overlay District.
For purposes of this article, the following definitions shall apply. To the extent that there is any conflict between the definitions set forth is this §
375-12.2 and the Enabling Laws, the terms of the Enabling Laws shall govern.
AFFORDABLE HOUSING
Housing that is affordable to and occupied by Eligible Households.
Affordable Housing units created within the LPSGOD meeting the standards
set out in 760 CMR 45.03 shall count on the Subsidized Housing Inventory,
subject to the approval of the Massachusetts Department of Housing
and Community Development (DHCD).
AS-OF-RIGHT PROJECT or PROJECT
Means a development of housing under zoning without recourse to a special permit, variance, zoning amendment, or other form of zoning relief. A Project that requires approval pursuant to this Article
12 shall be considered an as-of-right Project.
ELIGIBLE HOUSEHOLD
An individual or household whose annual income is less than
80% of the area-wide median income as determined by the United States
Department of Housing and Urban Development (HUD), adjusted for household
size, with income computed using HUD's rules for attribution of income
to assets.
MIXED USE
Structure in which multifamily use is permitted as of right
with allowed commercial uses.
OPEN SPACE
The part or parts of land within the LPSGOD which are reserved
or restricted for permanent open space. This space shall exclude parking
areas and stormwater detention areas, but include required setbacks
and walkways. The Open Space shall be open and unobstructed to the
sky; however; trees, planting, arbors, flagpoles, sculptures, fountains,
swimming pools, atriums, outdoor recreational facilities, such items
as streetscape elements (lights, planters, benches, etc.), outdoor
areas devoted to dining, cafe or similar uses, and decorative surface
treatments for sidewalks and other hard surfaces (such as pavers,
cobblestones or concrete surface treatments designed to resemble pavers
or cobblestones), and similar objects shall not be considered obstructions.
No more than 50% of the total amount of required Open Space shall
be "wetland" as defined by the requirements of MGL Chapter 131, Section
40, and the Town's Wetland By-Law.
PLAN APPROVAL
Standards and criteria which a Project in the LPSGOD must
meet under the procedures established herein and in the Enabling Laws.
PLAN APPROVAL AUTHORITY
For purposes of reviewing Project applications and issuing
decisions on development Projects within the LPSGOD, the Plan Approval
Authority (PAA), consistent with MGL Chapter 40R and 760 CMR 59.00,
shall serve for a three-year term, and shall be composed of one member
of the Board of Selectmen, one member of the Planning Board, and one
member of the Zoning Board of Appeals, each member appointed by his
or her respective board. The PAA is authorized to approve a site plan
to implement a Project.
RECREATIONAL USES
Active recreational uses, including but not limited to ballfields;
and passive recreational uses, including but not limited to walking
and bicycle paths. Amusements or motorized uses shall not be considered
eligible recreational uses.
In accordance with the provisions of MGL Chapter 40R and 760 CMR 59.00, an Applicant for a Project located within the LPSGOD may seek Plan Approval in accordance with the requirements of this Article
12. In such case, then notwithstanding anything to the contrary in this Zoning By-law, such Plan Approval shall not be subject to any other provisions of this Zoning By-law, including limitations upon the issuance of building permits for residential uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to building permit or dwelling unit limitations, including but not limited to any rate of development limitations provided in the Zoning By-law. When a building permit is issued for any Project approved in accordance with this Article
12, the provisions of the underlying district(s) shall no longer be applicable to the land shown on the site plan which was submitted pursuant to §
375-12.7 for such Project.
The PAA, as a condition of any Plan Approval, may require a
Project to be phased to mitigate any extraordinary adverse Project
impacts on nearby properties. For Projects that are approved and developed
in phases, the proportion of Affordable Units and the proportion of
market rate units shall be consistent across all phases.