[5-25-1999 ATM]
The purpose of the Village Overlay District (VOD) is to:
A.Â
Provide dwelling units for occupancy by individuals 55 years of age
or older; and
B.Â
Provide for mixed and diverse varieties of housing, including affordable
housing; and
C.Â
Provide for residential development in a manner that conserves environmental
features, woodlands, wet areas, open space, areas of scenic beauty,
views and vistas.
The VOD shall be construed as an overlay district. All requirements
of the underlying zoning district(s) shall remain in full force and
effect, except where the requirements of the VOD are more restrictive
or provide for uses or structures not otherwise available in the underlying
district; in such cases, the requirements of the VOD may supersede
the underlying zoning regulations upon the issuance of a special permit
from the Planning Board.
[Amended 5-8-2021 ATM by Art. 38]
The VOD shall include all land within Residential District A.
The person or persons, including a corporation or other legal
entity, who apply for issuance of a special permit for construction
of a Village Residential Development (VRD) hereunder. The applicant
must own, or be the beneficial owner of, all the land included in
the proposed VRD, or have authority from the owner(s) to act for him
or hold an option or contract duly executed by the owner(s) and the
applicant giving the latter the right to acquire the land to be included
in the site.
A separate room in a dwelling unit intended for, or which
customarily could be used for, sleeping.
An area within a VRD adjacent to its boundaries, streams
and ponds, which may not be cleared, cut, developed or otherwise disturbed
except as provided herein.
A schedule showing the order and timing of construction and
the sequence of the improvements to be built or furnished in the VRD
site, separated into stages where applicable.
The rules and regulations of the Planning Board.
All land not defined as wet areas.
A combination of single-family dwellings and permissible
accessory uses authorized by special permit from the Planning Board
as set forth herein.
[Amended 5-6-2019 ATM,
Art. 30]
All land, other than wetland buffer zones, subject to the
provisions of the Massachusetts Wetland Protection Act, MGL c. 131,
§§ 40 and 40A, and the Town of Norwell Wetlands Bylaw.[1]
A VRD, consisting of the uses set forth below, individually
or in combination, may be authorized by a special permit issued by
the Planning Board pursuant to this article and in compliance with
the standards set forth herein:
A.Â
Attached or detached dwelling units owned and occupied by persons
aged 55 and over; provided, however, that one spouse may be under
55.
B.Â
Structures and uses accessory to the use set forth above, including
community buildings serving the residents of the VRD; recreational
facilities; underground utilities located on a lot not serving the
dwelling units; and roadways.
An application for a special permit for construction of a VRD
within the VOD shall be submitted to the Planning Board on forms furnished
by the Planning Board, accompanied by the filing fee determined in
accordance with the Planning Board's rules and regulations, the following
information and data, and a development plan as described below:
B.Â
The name(s) and address(es) of the applicant and all legal and beneficial
owners of the site; copies of all instruments, options, contracts
or encumbrances affecting ownership of the development site; and an
instrument executed by all persons owning property within the site
consenting to the development of the subject property, as applied
for.
C.Â
A proposed development schedule showing the beginning of construction,
the rate of construction and development, including stages, if applicable,
and the estimated date of completion.
D.Â
A narrative report prepared by qualified professionals, detailing
the impact of the development on the Town's capacity to furnish services,
including, but not limited to, roads, water and sanitation.
E.Â
Information regarding the number and kind of dwelling units and other
structures proposed, their design, their location, the number of bedrooms
planned, the sale prices and fees anticipated and population projections
pertaining thereto.
F.Â
Areas to be set aside for building structures, parking areas and
conservation and recreation easements.
G.Â
Information pertaining to any organization which the applicant proposes
to form where the development is to be a condominium development.
H.Â
Copies of all proposed deed restrictions to assure resale at affordable
prices and the right of first refusal in favor of the Town for dwelling
units to be sold at affordable prices, if applicable.
I.Â
Any and all other information that the Planning Board may reasonably
require in a form acceptable to it to assist in determining whether
the applicant's proposed development plan meets the objectives of
this article.
In order to be eligible for consideration for a special permit
to construct a VRD pursuant to this article, a proposed VRD shall
meet all of the following standards:
A.Â
Qualifying area. The VRD site shall be located within the VOD and
shall contain at least 10 contiguous upland acres, including at least
5/6 of an acre of upland for each dwelling unit proposed.
[Amended 5-8-2021 ATM by Art. 38]
C.Â
Open space requirement. At least 50% of all upland contained within
the VRD site shall be open space, which shall be left in its natural
vegetated state.
D.Â
Buffer. A buffer area of 175 feet shall be provided at the perimeter
of the VRD site where it abuts residentially zoned or occupied properties
sufficient to substantially limit the visibility of the VRD from outside
its perimeter; provided, however, the buffer may be reduced to not
less than 50 feet upon a finding by the Planning Board that suitable
screening can be provided. No vegetation in this buffer area will
be disturbed, destroyed or removed, except for normal maintenance,
and provided, however, that structures or buildings may be located
within the buffer area upon approval of the Planning Board with the
issuance of a special permit. Underground planting may be added.
E.Â
Roadways and paths. Where intended for dedication and acceptance
by the Town of Norwell, the principal roadway(s) serving the site
shall be designed to conform with the standards of the Planning Board's
Subdivision Regulations[2] and any other standards of the Town of Norwell. Private
ways shall be adequate for intended vehicular and pedestrian traffic
and shall be maintained by an association of unit owners or by the
applicant. Paths for the use of residents shall be attractively designed
with proper regard for convenience, separation of vehicular, bicycle
and pedestrian traffic, and access to the amenities and facilities
on the site and to paths on adjacent sites.
F.Â
Parking. The applicant shall provide adequate parking to serve all
anticipated uses on the property, with information detailing the method
of computation of parking spaces.
G.Â
Surface drainage. The surface drainage system shall be designed in
accordance with the Subdivision Regulations of the Planning Board,
the rules and regulations of the Permanent Drainage Study Committee
and the DEP's Stormwater Management Policy and Design Guidelines as
amended.[3]
H.Â
Utilities. All electric, gas, telephone and water distribution lines
shall be placed underground.
I.Â
Dwelling unit. The development of one or more dwelling units on a
lot or lots shall be permitted in an application to construct a VRD.
Dwelling units may be situated on any common or individual lot consistent
with the overall design objectives of the VOD; provided, however,
that such dwelling units shall comply with the provisions of the State
Sanitary Code, 310 CMR 15.00, any other applicable state regulations
and with the rules of the Norwell Board of Health.
The Planning Board may engage, at the expense of the applicant,
professional, technical and/or legal consultants to review an application
for a special permit within the VOD and to evaluate compliance with
the special permit.
[Amended 5-8-2021 ATM by Art. 38]
A.Â
At least
10% of the dwelling units shall be priced for qualified affordable
housing purchasers. Where this calculation results in a fraction,
the value shall be rounded up to the nearest integer value.
B.Â
The
mix of affordable dwelling units and market-rate housing built in
any one year shell be equivalent to the overall mix for the entire
VRD, or as otherwise determined by the Planning Board.
C.Â
Deed
restrictions, acceptable to the Town and established in accordance
with the standards of DHCD, shall be placed on the appropriate property
to ensure that affordable housing units created under this article
remain affordable housing units in perpetuity, or for as long a period
as is allowed by law.
D.Â
Dwelling
units shall be considered as part of a single development if located
either on a single parcel or contiguous parcels of land which have
been in the same ownership at any time subsequent to the adoption
of this zoning amendment.
E.Â
Inclusion
of affordable housing regulations. The Planning Board shall adopt
and maintain a set of regulations that contains the necessary policies,
procedures, and requirements to implement the provisions of this article.
F.Â
Affordable
dwelling units shall be situated within the VRD so as not to be in
less desirable locations than market-rate units in the development
and shall, on average, be no less accessible to public amenities,
such as open space, as the market-rate units.
G.Â
Affordable
dwelling units shall be integrated with the rest of the VRD and shall
be compatible in design, appearance, construction, and quality of
materials with other units to the extent that such regulation is not
inconsistent with MGL c. 40A, § 3. Interior features and
mechanical systems of affordable units shall conform to the same specifications
as apply to market-rate units.
H.Â
With the approval of the Planning Board, as an alternative to the requirements of § 201-24.9F, an applicant may develop, construct or otherwise provide affordable dwelling units equivalent to those required by § 201-24.9A off-site but within the Town. To the maximum extent practicable, all requirements that apply to on-site affordable dwelling units shall apply to off-site affordable dwelling units. The Planning Board's approval of the location of the off-site units shall be an integral element of the special permit review and approval process.
I.Â
Each affordable dwelling unit created in accordance with this article shall be subject to an affordable housing restriction and a regulatory agreement in a form acceptable to the Planning Board. The regulatory agreement shall be consistent with any applicable guidelines issued by DHCD, and shall ensure that affordable dwelling units can be counted toward the Town's subsidized housing inventory. The regulatory agreement shall also address all applicable restrictions in § 201-24.9J below. The special permit shall not take effect until the restriction, the regulatory agreement, and the special permit have been recorded at the Registry of Deeds, and a copy provided to the Planning Board and the Building Inspector/Zoning Enforcement Officer.
J.Â
Each affordable dwelling unit shall have limitations governing its resale through the use of a regulatory agreement (§ 201-24.9I above). The purpose of these limitations is to preserve the long-term affordability of the unit and to ensure its continued availability for affordable income households. The resale controls shall be established through a restriction on the property, and shall be in force in perpetuity.
(1)Â
Resale price. Sales subsequent to the initial sale to a qualified affordable housing purchaser shall include the initial discount rate between the sale price and the unit's appraised value at the time of resale. This percentage shall be recorded as part of the restriction on the property noted in § 201-24.9I above.
(2)Â
Right of first refusal to purchase. The purchaser of an affordable
dwelling unit developed as a result of this article shall agree to
execute a deed rider prepared by the Town, consistent with model riders
prepared by DHCD, granting, among other things, the Town's right of
first refusal to purchase the property in the event that no subsequent
qualified affordable housing purchaser offers to purchase the unit.
(3)Â
The Planning Board shall require, as a condition for special permit under this article, that the applicant comply with the mandatory set-asides and accompanying restrictions on affordability, including the execution of the deed rider noted in § 201-24.9I and J above. The Building Inspector/Zoning Enforcement Officer shall not issue an occupancy permit for any affordable dwelling unit until the deed restriction is recorded.
The Planning Board by affirmative vote of 4/5 of its members present and voting may grant a special permit for a VRD upon finding that the proposed VRD complies with the requirements of this article. The Planning Board shall not grant a special permit unless it determines that all criteria set forth in § 201-3.3B herein are satisfied. The special permit may be granted with such reasonable conditions, regulations or limitations as the Planning Board may deem necessary to serve the purpose of the bylaw.
Special permits shall lapse in accordance with § 201-3.3E herein.
Special permits shall only be issued following public hearings held in accordance with § 201-3.3C herein.
