[Added 4-1-2006 by Art.
17]
The Transit-Oriented Development Overlay District ("TOD Overlay District") created herein shall be deemed to be an overlay district. The location and boundaries of the TOD Overlay District are the Light Industry District to the north of Chief Justice Cushing Highway (Commonwealth Route 3A), as shown on a map entitled "Town of Cohasset, Massachusetts, Zoning District Map, March 2002" prepared by Amory Engineers, P.C., excluding any other areas in the Town that are zoned light industry. Said overlay district is comprised of Cohasset Assessors' plots Map 71, Plot 1, Map 73, Lot 13, Map 74, Lot 5, Map 74, Lot 7, Map 74, Lot 7T, Map 74, Lot 8, Map 74, Lot 8T and Map 74, Lot 9. The requirements set forth below shall constitute an alternative set of standards for development and use of real estate within the said Light Industry District; provided, however, that a special permit in accordance with this Article 17 is granted by the Planning Board. If such a special permit is not sought, is not granted or lapses, then all requirements of the underlying district shall apply to the land, but such alternate set of standards for development and use of real estate within said Light Industry District, as provided herein, shall not apply.
For the purposes of this article of the bylaw, the following
terms and words are given the meanings stated below:
A facility that allows for transactions of goods (including
food and/or beverage) or services without leaving a motor vehicle.
Development contained on a single parcel or adjoining parcels
that includes different uses and which provide for a variety of activities
throughout the day.
The design of environments that promote pedestrian comfort,
safety, access and visual interest.
Any outside seating or activity area designated for use by
the public, including outdoor areas provided by restaurants.
Parking that is utilized by two or more different uses, or
two or more distinct lots, with different peak period parking demand,
part of which may be the transit station parking.
The area, including the platform, which supports transit
usage and that is owned and/or operated by the transit agency.
A development pattern created in the vicinity of a transit
facility or station that is characterized by higher density, mixed
uses, a safe and attractive pedestrian environment, reduced parking,
and a direct and convenient access to the transit facility and retail
services and conveniences.
A.
The
following are the purposes of this TOD Overlay District Bylaw:
(1)
Encourage a mix of moderate- to high-density development within
walking distance of a transit station;
(2)
Create a commuter-friendly environment to encourage transit
use;
(3)
Reduce automobile dependency and roadway congestion (and also
thereby reducing pollution) by locating multiple destinations and
trip purposes within walking distance of one another;
(4)
Encourage healthy exercise through walking between the transit
station and conveniently close retail goods and services and/or residences;
(5)
Create a pedestrian-friendly neighborhood that promotes, facilitates
and encourages safe walking, bicycling, human interactions and retail
conveniences for both commuters and non-commuters;
(6)
Where such district may have areas conducive to housing, allow
for housing options;
(7)
Establish an area with retail establishments (goods and services)
that serve the anticipated needs and conveniences of the transit ridership
as well as other persons within and without the TOD Overlay District;
and
(8)
Provide for an expanded property tax base.
A.
Any development, use and/or change of use allowed pursuant to this Article 17 shall require an application for a special permit in the TOD Overlay District, and for site plan review pursuant to § 300-12.6 of the Cohasset Zoning Bylaw, to be filed with the Town Clerk with a copy filed forthwith with the Planning Board and shall be accompanied by 18 copies of a site plan of the entire tract under consideration, prepared by a professional engineer, architect or landscape architect.
B.
Said application and plan shall be prepared in accordance with the
requirements for a site plan review in the rules and regulations for
site plan review as adopted by the Cohasset Planning Board, inclusive
of all checklists, and shall include the proposed location, bulk,
and height of all proposed buildings. In addition, the applicant shall
provide the following information:
(1)
An analysis of the site, including wetlands, slopes, soil conditions,
areas within the one-hundred-year floodplain, trees over eight inches
in diameter and such other natural features as the Planning Board
may request.
(2)
A summary of the environmental concerns related to the proposed
plan.
(3)
Sufficient information, including soil evaluation and percolation
test data, in accordance with the rules and regulations of the Cohasset
Board of Public Health and applicable Department of Environmental
Protection regulations, to make a determination that adequate provision
is made for the disposal of septic waste or written confirmation from
the Town of Cohasset Sewer Commission detailing an agreement to accept
the proposed wastewater flow.
[Amended 5-24-2021 ATM by Art. 28]
(4)
A description of the neighborhood in which the lot lies, including
utilities and other public facilities, and the impact of the proposed
plan upon them.
(5)
Design characteristics shall be shown through rendering or elevations
and shall include, but not be limited to, building material, architectural
design, streets, site and building landscaping.
(6)
An economic impact analysis of the proposed use and development
upon the Town.
(7)
Any other information required by the Planning Board in the
rules and regulations adopted by it with respect to such special permit
process.
[Amended 11-17-2008 by
Art. 10]
C.
Before acting upon any application, the Planning Board shall submit
a copy of such application along with a copy of the plan to each of
the following boards and departments, which may review it jointly
or separately: the Board of Public Health, Sewer Commission, Water
Commission, Conservation Commission, Design Review Board, Police Department,
Fire Department and other boards and departments that the Planning
Board may deem appropriate. Any such board or department to which
the application and plan are referred for review shall submit such
recommendations, as it deems appropriate, to the Planning Board. Failure
to make recommendations within 35 days of receipt shall be deemed
lack of opposition by the non-responding board or department.
[Amended 5-24-2021 ATM by Art. 28]
D.
The Planning Board shall hold a public hearing under this Article 17 and take action thereupon, in conformity with the provisions of MGL c. 40A, §§ 9 and 11.
E.
A special permit issued under this Article 17 shall not be a substitute for compliance with the site plan review requirements of § 300-12.6 of the Cohasset Zoning Bylaw where such compliance is required pursuant to applicable law. The granting of a special permit pursuant to this Article 17 shall not constitute a waiver of any requirement of § 300-12.6, as above. However, to facilitate processing, the Planning Board may accept a combined plan and application which shall satisfy the requirements of this Article 17 and § 300-12.6 of the Cohasset Zoning Bylaw where applicable.
A.
Special permit uses. One or more of the following single uses or mixed uses, in a single structure or in multiple standalone structures, of such features and dimensions as will be in compliance with the design standards of § 300-17.6, the parking rules of § 300-17.7 and the dimensional requirements of § 300-17.8, are permitted in the TOD Overlay District by grant of the special permit described in this Article 17, if involving one or more of the following:
(1)
Retail uses, whether service-oriented or otherwise, including,
without limitation, banks (with or without drive-through facilities),
restaurants (but excluding fast-food restaurants), public seating
areas, dry cleaners, drugstores, convenience stores, beauty salons,
barbershops, tailors and other personal services.
(2)
One- and/or two-bedroom dwelling units in multifamily format,
so long as part of a mixed-use development in which aggregate net
floor area of dwelling units (exclusive of garages and other covered
parking structures) does not exceed 40% of total net floor area on
the entire tract under consideration.
(3)
Civic, cultural and community facilities.
(4)
Offices, stores, day-care facilities and other business establishments.
(5)
Train stations.
(6)
Buildings and uses accessory to the above, including, without
limitation, parking garages that are accessory to dwelling units and
cafeterias.
[Amended 11-17-2008 by
Art. 10]
A.
The layout of all buildings proposed for a particular site within
the TOD Overlay District shall take into account access to public
paths, public sidewalks and/or public roadways that connect to other
developed sites, uses, and roadways in the TOD Overlay District as
well as the transit station.
B.
Individual buildings proposed for a particular site within the TOD
Overlay District shall be related to each other (and to the buildings
in earlier approved TOD Overlay District developments, if any) in
design, mass, material, placement and connection to provide for a
visually and physically integrated TOD Overlay District.
C.
Treatment of the sides and rears of all buildings within the development
shall be comparable in amenities and appearance to the treatment given
the street frontage of these same buildings.
D.
Included residences shall be in visual and architectural harmony
with the nonresidential portions of the development.
E.
Subject to the provisions of Article 6, all signs shall be complementary in their use of color, shape, and material. Signs may be double-sided.
F.
Street trees shall be planted along all rights-of-way.
G.
Landscaped areas, open spaces and plazas are encouraged.
H.
Pedestrian amenities including benches, trash receptacles and planters
shall be provided along sidewalks.
I.
Facades over 50 feet in length shall be divided into shorter segments
by means of facade modulation, repeating window patterns, changes
in materials, canopies or awnings, varying rooflines and/or other
architectural treatments.
[Amended 4-28-2014 ATM
by Art. 23]
B.
Further reduction in the number of required parking spaces may be permitted by the Planning Board pursuant to this Article 17 after findings made by such Planning Board in its sole determination. The bases for such findings may include but are not limited to the following: the development will be adequately served by users of public transportation; the existence of the transit station parking otherwise mitigates the need for compliance with the parking ratio stated in Subsection A; and peak parking demand of the proposed uses in the development does not coincide.
C.
Shared parking is strongly encouraged.
(1)
On any lot in the TOD Overlay District that serves more than
one use, the total number of spaces required for a development (taken
as a whole) may be reduced, provided that the applicant submits credible
evidence to the satisfaction of the Planning Board that the peak parking
demand of the uses does not coincide, and that the accumulated parking
demand at any one time shall not exceed the total capacity of the
facility. Such evidence must take into account the parking demand
of residents, employees, customers, visitors, and any other users
of the lot. It must also take into account parking demand on both
weekends and weekdays, and both during the daytime and overnight.
(2)
The Planning Board, in its discretion, may cumulate a certain
amount or percentage of the transit station parking with that of any
lot within the TOD Overlay District that adjoins the transit station
for purposes of the adjoining lot's compliance with the stated parking
ratios, if an appropriate written agreement between the lot owners
exists. This will be consistent with the pedestrian-friendly environment
where it is expected that commuters will walk from the transit station
to the retail conveniences on such adjoining lots.
D.
Subject to mutual agreement between the ownership of the transit
station and the ownership of lots within the TOD Overlay District
that adjoin the transit station, there shall be road connections for
vehicular passage from the transit station to the parking lots of
such adjoining properties within the TOD Overlay District that feature
retail and/or residential development.
E.
Bicycle racks shall be provided on site at a ratio of one space for
every 20 automobile parking spaces, except that if the Planning Board
determines in its discretion that the transit station parking area
provides for such bicycle racks in sufficient number and proximity
to the development, the Planning Board may permit a ratio of one bicycle
rack for each greater number of automobile spaces as it decides.
F.
All parking lots must provide pedestrian accessways that meet the dimensional requirements detailed in § 300-17.8.
G.
Signage that shows the location and best means of access to the transit
station must be provided at all parking facilities of the development
if there is direct vehicular access from the parking lot of the development
to the parking lot of the transit station without utilizing the main
streets or highways.
H.
To reduce congestion on the highways and main streets, cross-easement
access between the transit station parking area and parking areas
in developments on lots adjacent to the transit station is encouraged.
Due safety provisions shall be provided for intersections of walkways
and bike paths with automobile cross-access roads.
[Amended 4-28-2014 ATM
by Art. 23]
A.
Building setbacks.
(1)
A building (inclusive of any public seating area that it provides)
shall have a minimum front yard setback of 20 feet. Additionally,
except for any projection/structure not used for human habitation
(including, without limitation, cupolas, chimneys and towers), the
upper surface area of which does not exceed 5% of total roof area
in the development, no building or portion thereof within 35 feet
from its property's front lot line shall be higher than 21 feet.
(2)
The minimum "green strip" requirement under the Table of Area
Regulations, Note 8, of the bylaw shall be 35 feet for the TOD Overlay
District, maintained pursuant to the Table of Area Regulations, Note
8, but may also contain sidewalks and pedestrian lighting.
(3)
The minimum setback for a side yard shall be 10 feet.
(4)
The minimum setback for a rear yard shall be 10 feet.
[Amended 4-30-2018 ATM
by Art. 19]
C.
Driveways.
(1)
The creation of new curb cuts shall be avoided whenever an alternative
point of access is available or can be created. Even if curb cuts
already exist, shared access agreements are encouraged, in particular,
joint collector and distributor roads, to minimize points of entry
and exit onto highways and main roads that would cause traffic congestion.
(2)
The minimum width for one-way traffic is 12 feet.
(3)
The minimum width for two-way traffic is 18 feet.
A.
In any development within the TOD Overlay District that features dwelling units as a part thereof, the following shall apply, subject to Subsections B and C:
(1)
No less than 10% of the total number of dwelling units shall
be eligible for qualification as "local initiative units" (as defined
in 760 CMR 45.02) in accordance with the standards and conditions
set forth in 760 CMR 45.03, so as to be eligible for inclusion within
the "Subsidized Housing Inventory" (as defined in 760 CMR 45.02) of
the Town;
[Amended 4-30-2018 ATM
by Art. 19]
(2)
The Planning Board may set such conditions on approval of dwelling
units in a development and such restrictions as to 10% of such dwelling
units that are consistent with the criteria under 760 CMR 45.03 for
qualification of such 10% of dwelling units as local initiative units.
C.
In a development to which Subsection A applies, in the event that the 10% calculation results in fractional units, there shall be a rounding up to the nearest whole number. (For example, five dwelling units shall include at least one local initiative unit, and 11 dwelling units shall include at least two local initiative units.)
A.
Section 300-7.2J of the bylaw shall not apply to the TOD Overlay District.
[Amended 5-24-2021 ATM by Art. 27]
B.
Any standards for development and use that are not specifically set
forth herein shall be the standards applicable to development and
use in the underlying district.
C.
The Planning Board shall adopt, and from time to time amend, rules and regulations consistent with the provisions of this Zoning Bylaw, Chapter 40A of General Laws and other applicable provisions of the General Laws and shall file a copy of said rules and regulations with the Town Clerk. Such rules and regulations shall, subject to provisions of this Article 17, prescribe as minimum the size, contents, form, style and number of plans and specifications, the Town boards or departments from which the Planning Board will request written reports and the procedure for submission and approval of a special permit under the provisions of this article. The Planning Board shall also specify the fees to be paid in connection with application for a TOD Overlay Development, bonding requirements to satisfy conditions of approval, and reporting requirements to satisfy compliance with the affordability restrictions. Other specifications as deemed necessary by the Planning Board shall be included in the rules and regulations. Failure to adopt such rules and regulations shall not affect the validity of this Article 17.
[Amended 11-17-2008 by
Art. 10]
