[Amended 4-28-2014 ATM
by Art. 33]
It shall be the duty of the Board of Selectmen, which may appoint
agents, the Building Inspector and Zoning Enforcement Officer, to
administer and enforce the provisions of this Bylaw.
It shall be unlawful for any owner or person to erect, construct,
reconstruct, or alter a structure or change the use, increase the
intensity of use, or extend or displace the use of any building, other
structure or lot without applying for and receiving from the Building
Inspector or Board of Selectmen the required permit. For purposes
of administration, the application procedure involving a permit for
a structure or use may be made at the same time and combined with
the permit required under the State Building Code. In addition to
the plot plans and drawings required by the Commonwealth of Massachusetts
State Building Code (prepared and certified to by a professional engineer
and/or land surveyor), plans and information for signs and off-street
parking and loading shall also be filed with the Building Inspector.
An application for a permit in the Floodplain or Watershed Protection
Districts shown on the Zoning Map shall meet all requirements of Articles
10 and 11.
Construction or operations under a building or special permit
shall conform to any subsequent amendment of the Bylaw unless the
use or construction is commenced within a period of not more than
six months after the issuance of the permit and, in cases involving
construction, unless such construction is continued through to completion
as continuously and expeditiously as is reasonable.
It shall be unlawful to use or occupy any structure or lot for
which a permit is required herein until the owner applies for and
receives from the Building Inspector a certificate of use and occupancy.
Nothing herein shall negate the necessity of a use and occupancy permit
required under the State Building Code.
Fees shall be established by the Board of Selectmen.
The recipient of a special permit shall apply for a building
permit within two years of the date of authorization by the special
permit granting authority or the special permit will become null and
void. Any work for which any permit has been issued by the Building
Inspector shall be actively prosecuted within 90 days and completed
within one year of the date of the issuance of the special permit.
Any special permit issued for a project which is actively prosecuted
for one year may be extended up to an additional year at the discretion
of the Board of Selectmen.
[Amended 4-28-2014 ATM
by Art. 33]
A.
The Building Inspectors or Zoning Enforcement Officers shall serve
a notice of "violation and order" to any owner or person responsible
for any violation of the provisions of the Bylaw or violation of any
approved plan, information or certificate issued under the provisions
of this Bylaw. Such order shall direct the discontinuance of the unlawful
action, use or condition and the abatement of violation within a time
to be specified by the Building Inspector or Zoning Enforcement Officer.
Any owner who has been served with a notice and who ceases any work
or other activity shall not leave any structure or lot in a condition
that is a hazard or menace to the public safety, health or general
welfare. The Building Inspector shall have the power to require that
premises be put in safe condition or such condition that he directs
to bring them into conformity with this Bylaw.
If the notice of "violation and order" is not complied with
promptly, the Building Inspector or Zoning Enforcement Officer shall
request the Board of Selectmen to institute the appropriate action
or proceeding at law or in equity to restrain and correct the violation.
There shall be a Board of Appeals of three members and three
associate members appointed as provided in MGL c. 40A, as amended,
which shall act on all matters within its jurisdiction under this
Bylaw in the manner prescribed in said Section, subject always to
the rule that it shall give due consideration to promoting the public
health, safety, convenience, and welfare, and conserving property
values; that it shall permit no building or use injurious, noxious,
offensive or detrimental to a neighborhood; special permits may be
issued only for uses which are in harmony with the general purpose
and interest of this Bylaw and shall be subject to general or specific
provisions set forth herein; and that it shall prescribe appropriate
conditions, safeguards and limitations on time or use.
Certain uses, structures or conditions are designated as "SP" in the Table of Use Regulations included as an attachment to this Bylaw. These uses require a special permit from the Board of Appeals, which may be obtained only by use of the following procedure. Special permits required by Article 7, Open Space Residential Zoning, Article 10, Floodplain District, and Article 11, Watershed Protection District, shall be exempt from the provisions of this Section and shall be governed by the provisions of Articles 7, 10 and 11.
A.
Form of application.
[Amended 4-28-2014 ATM
by Art. 33]
(1)
Any person desiring to apply for a special permit hereunder
shall submit an application in writing to the Board of Appeals with
a copy to the Building Inspector, the Board of Health, the Planning
Board and Town Clerk. Each application shall contain the following
information:
(a)
The full name and address of the applicant.
(b)
The full name and address of the record owner of the real estate
concerning which the special permit is sought if different from the
applicant.
(c)
If the applicant is other than the record owner of the real
estate, the nature of the applicant's interest in the real estate
(i.e., lease, option to purchase, etc.).
(d)
The street address and zone for the property concerning which
a special permit is sought.
(e)
A summary of any construction or change which the applicant
intends to make to the property if the special permit is granted.
(f)
A plot plan showing the boundary lines of the premises and the
locations of structures thereon.
(g)
Plans showing any proposed construction, alterations or renovations
of the premises for which the special permit is sought.
(h)
If the proposed use contemplates removal or disturbance of any
earth, topographical plans of the property shall be furnished which
show existing and finished ground contours at two-foot intervals.
(i)
A summary of applicant's reasons for seeking the special permit.
(2)
The Board of Appeals may require from any applicant for a special
permit such additional information as it may determine to be necessary
to determine the effect of the proposed use upon neighboring persons
and property, and upon the welfare of the Town.
B.
If no recommendations are received within 35 days after the date on which a copy of the application is submitted to the Building Inspector, the Board of Health and the Planning Board, as required by Subsection A, it shall be deemed lack of their opposition thereto.
C.
Hearing. The Board of Appeals shall, at the expense of the applicant,
give notice of a public hearing as required by the Zoning Act and
shall, after publication of said notice, hold a public hearing on
the application. The public hearing shall not be held until at least
21 days have elapsed and within 65 days from the date of the filing
of the application. The public hearing shall be conducted in accordance
with the rules and procedures prescribed by the Board of Appeals as
required by the Zoning Act.
D.
The Board of Appeals shall adopt and from time to time amend rules
relative to the issuance of special permits and shall file a copy
of said rules in the office of the Town Clerk.
E.
After the public hearing required by Subsection C has been concluded, the Board of Appeals may grant a special permit if it concludes that a special permit is warranted by the application and the evidence produced at the public hearing and if it makes the following specific findings of fact:
[Amended 4-29-2019 ATM by Art. 24]
(1)
Overall design is consistent and compatible with the neighborhood,
including as to factors of building orientation, scale, and massing.
(2)
Vehicular traffic flow, access and parking and pedestrian safety
are properly addressed such that the proposed use will not result
in a public hazard due to substantially increased vehicular traffic
or parking in the neighborhood.
(3)
Drainage, utilities and other infrastructure are adequate or
will be upgraded to accommodate development.
(4)
The proposed use will not have any significant adverse effect
upon properties in the neighborhood, including property values.
(5)
Project will not adversely affect or cause substantial damage
to any environmentally significant natural resource, habitat, or feature
or, if it will, proposed mitigation, remediation, replication, or
compensatory measures are adequate.
(6)
Number, height, bulk, location and siting of building(s) and
structure(s) will not result in abutting properties being deprived
of light or fresh air circulation or being exposed to flooding or
subjected to excessive noise, odor, light, vibrations, or airborne
particulates.
(7)
Water consumption and sewer use, taking into consideration current
and projected future local water supply and demand and wastewater
treatment capacity, will not be excessive.
(8)
The proposed use will not create any hazard to public safety
or health in the neighborhood.
(9)
If public sewerage is not provided, plans for on-site sewage
disposal systems are adequate and have been approved by the Board
of Health.
F.
Single-family dwelling and two-family dwelling as a secondary use
in conjunction with a principal use in the B District not otherwise
requiring a special permit, shall be permitted subject to the following
special conditions:
[Amended 4-28-2014 ATM
by Art. 33]
(1)
A special permit will be required.
(2)
The principal use to which the residential use is "secondary"
must occupy all of the street and ground floor (with the exception
of the area for stairs or elevator necessary to gain access to the
upper floor residential use). This will not preclude that the business
use may occupy all or part of any floor above the street or ground
floor.
(4)
The residential use will be protected from offensive noise,
vibration, electromagnetic interference, dust and other particulate
matter, odorous matter, heat, glare, and other objectionable influences.
(5)
The area of the lot will not be less than 10,000 square feet.
G.
Signs.
(1)
Upon proper application pursuant to Article 13, and after a public hearing following the procedure required by Subsection C, the Board of Appeals may grant a special permit to allow a sign to be erected that would otherwise not be permitted, if the Board concludes that a special permit is warranted by the application and the evidence produced at the public hearing and if the Board makes the following specific findings of fact:
(a)
The proposed sign will not have an adverse effect upon property
values in the neighborhood.
(b)
The proposed sign is architecturally and aesthetically consistent
with the other signs and structures in the area.
(c)
The proposed sign will not create any hazard to public safety
or health in the neighborhood.
(d)
The proposed sign does not create a nuisance.
H.
Conditions.
(1)
If the Board of Appeals elects to grant a special permit pursuant to this § 300-14.10, it may impose conditions upon the granting thereof at its discretion. No building permit shall be granted for construction authorized by a special permit granted hereunder until plans have been submitted to the Building Inspector which specify in detail the manner of compliance with any conditions set by the Board of Appeals.
(2)
The Board shall also impose the conditions specified below on
the following uses:
(a)
For the use of a travel trailer or mobile home located in any
district, provided: any travel trailer or mobile home shall not be
used for more than six months; no wheels, tires or other means of
keeping the travel trailer or mobile home mobile shall be removed;
any travel trailer or mobile home shall have a current state motor
vehicle license; and no skirts, porches, fences or similar materials
or equipment shall be added to any travel trailer or mobile home which
would detract from its mobility. Each travel trailer or mobile home
and its lot shall be subject to the requirements of the district.
(b)
For the conversion to or location of a lodging house in the
RU District, provided: it shall be limited to not more than five persons;
it shall be located in the principal building; official residence
shall be maintained therein by the owner of the premises; it shall
be used for non-transients only.
(c)
For bed-and-breakfast use, there shall be no more than four rooms used as guest rooms for no more than six short-term paying guests; parking shall be provided as required by § 300-8.1; and signs shall conform to § 300-13.8G(3).
[Amended 4-28-2014 ATM
by Art. 33]
(d)
For the use of a single-family dwelling in any R District for
a home occupation, provided: not more than one nonresident shall be
employed therein; the use is carried on strictly within the principal
building; not more than 40% of the existing floor area, not to exceed
500 square feet, is devoted to such use; that there shall be no display
of goods or wares visible from the street; there shall be no advertising
on the premises other than a small nonelectrical sign not to exceed
one square foot in area and carrying only the name and occupation
of any occupant of the premises such as physician, artisan, teacher,
day nurse, lawyer, architect, engineer, clergyman, accountant, osteopath,
dentist, and similar occupations or professions; the buildings or
premises occupied shall not be rendered objectionable or detrimental
to the residential character of the neighborhood due to the exterior
appearance, emission of odor, gas, smoke, dust, noise, electrical
disturbance or in any other way; the building shall include no features
of design not customary in buildings for residential use. Such uses
as clinics, barber shops, beauty parlors, tea rooms, real estate offices,
tourist homes, animal hospitals, kennels and others of a similar nature
shall not be considered home occupations.
[Amended 4-28-2014 ATM
by Art. 33]
(e)
For the planned business or industrial development of land for
any permitted use in a B or BI District subject to the floor area
ratio more than the maximum permitted in the Table of Area Regulations[1] and less than the parking requirements contained in Article
8, provided: the tract in single or consolidated ownership at the
time of application shall be at least three acres in size; a development
plan shall be presented for the entire tract; the development shall
be served by one common parking area, exit and entrance; the maximum
floor area ratio shall not exceed 0.50; the parking space requirements
shall not be reduced by 10% or more of the normal application requirements
of the B or BI District.
[1]
Editor's Note: The Table of Area Regulations is included as an attachment to this chapter.
(f)
For the manufacturing or other industrial use of any lot in
any I District, provided: the proposed use shall not emit any smoke
of a shade darker than No. 2 on the Ringlemann Smoke Chart as published
by the U.S. Bureau of Mines; no air pollution particle concentrations
shall exceed 0.3 grain per cubic foot; all inflammable or radioactive
liquids shall be stored underground; the discharge of wastes shall
be into a public sewer or the system subject to written approval of
the Massachusetts Department of Public Health; vibration shall not
exceed the safe range of Table 7, U.S. Bureau of Mines, Bulletin No.
442; there shall be no unusual or objectionable odor; no direct or
sky-reflected glare shall be permitted; and all materials shall be
stored within a completely enclosed building.
(g)
For the use of land or the erection and use of any building
or other structure in any district for a principal or accessory use
where the provisions for a Bylaw cannot reasonably be interpreted
to provide anywhere in this Bylaw for such use, provided: the Board
determines in each instance such use shall be essential to the general
welfare of the Town; they shall be permitted only in a district where
uses similar to the use shall be permitted; the use shall be subject
to all provisions prescribed in this Bylaw for the district in which
the similar use is provided for as a permitted use.
(h)
For the enlargement of any nonconforming structure (not including
a sign) beyond the maximum floor area ratio and yard regulations in
any district, and the extension of the use thereof, refer to Article
9.
(i)
For alteration of single-, two- or multifamily dwelling to adapt
them to additional limited two- or multiple-family use upon the following
conditions:
(i)
That there will be no change in the existing district
use and the approval shall automatically cease when the structure
is removed.
(ii)
That a minimum floor space of 500 square feet
per family unit be provided.
(iii)
That satisfactory off-street parking be provided.
(iv)
That each family unit be a complete housekeeping
unit.
(v)
That additions or appurtenances may not be added
without the prior approval of the Board of Appeals, except for openings
for ingress and egress, for necessary stairs and steps, including
shelters therefor, and for the housing of one motor vehicle per family
unit.
(vi)
Other conditions that may lawfully be required
by the Board of Health, the Building, Plumbing and Wiring Inspectors,
the Planning Board and the Board of Appeals, consistent with the foregoing.
I.
Accessory dwelling unit in single-family dwelling; provisions applicable
to a special permit for an accessory dwelling unit in a single-family
dwelling only.
[Amended 4-28-2014 ATM
by Art. 33]
(1)
The purpose of permitting an accessory dwelling unit in a single-family
dwelling, in accordance with the conditions set forth below, is to
encourage preservation and maintenance of the larger older houses
in Medfield and to increase the supply of affordable housing without
significantly changing the character of existing residential areas.
(2)
If it makes the findings set out in Subsection E(1) through (10) and subject to such conditions as the Board of Appeals shall elect to impose pursuant to Subsection F, the Board of Appeals shall issue a permit for an accessory dwelling unit in a single-family dwelling unit if it makes the following findings and subjects the permit to the conditions required by this Section:
(a)
The house was in existence prior to 1938.
(b)
The house has a minimum of 2,000 square feet of existing floor
area.
(c)
The house meets the lot area requirement for a single-family
dwelling in its district.
(d)
An addition to the house of up to 10% of the existing floor
area shall be allowed in the rear or side yard, provided the addition
is architecturally consistent with the existing house.
(e)
Except as regards item (d) above, the exterior of the house
shall not be altered except for restoration consistent with the existing
architecture and exits required by law, which exits shall be in the
rear or at the side of the house.
(f)
The accessory unit shall have a minimum floor area of 500 square
feet, plus 100 square feet for each bedroom over one.
(g)
The accessory unit shall have a bathroom and a kitchen or kitchenette.
(h)
Off-street parking shall be provided as required in § 300-8.1, in addition to spaces required for the existing dwelling.
(i)
The owner of the house must occupy the house or the accessory
unit, except for bona fide temporary absences of up to one year.
(j)
The special permit shall be a personal permit restricted to
the individual owner-applicant and shall terminate when said owner-applicant
ceases to own the dwelling.
(k)
In the event of a change of ownership of a house for which a
special permit has been issued for an accessory unit, the new owner
or holder of a purchase-and-sale agreement with the owner may apply
for a renewal of the special permit.
(3)
This Section has been included in the Bylaw in order to permit family apartments in residential districts, and, in the Business District, to provide housing for family members within the home of another member of their family when situations such as the age, physical condition or financial circumstances of a member of the family of a person occupying what would otherwise be a single-family dwelling make it necessary or desirable for the establishment of separate living quarters within that dwelling for said family member. The Board of Appeals may grant a special permit for a family apartment as defined in § 300-2.1 if it finds that the use is aesthetically consistent with other structures in the neighborhood and that said use is consistent with the purpose of this Section as set forth above.
(4)
Said special permit may be issued subject to such conditions
as the Board of Appeals may deem appropriate and shall terminate upon
the happening of any of the following events:
The Board of Appeals shall have the power to grant variances in accordance with provisions of MGL c. 40A. Applications for a variance shall conform with the requirements of § 300-14.10A.
The purpose of site plan approval is to ensure that plans for
the design and layout of certain permitted developments conform to
all the Town's Bylaws and regulations, by requiring that the plans
be approved and signed by the Planning Board before a building permit
may be issued by the Building Inspector.
A.
No building, except a single-family dwelling, shall be constructed or expanded in ground area, no residential use shall be changed to a nonresidential use, and no nonresidential use shall be changed to another, substantially different, nonresidential use except in conformance with this § 300-14.12. For the purposes of the preceding sentence, it shall be the Planning Board which makes the determination whether a proposed nonresidential use is substantially different from the existing nonresidential use. A one-time only construction contained within a total ground floor area not exceeding 500 square feet is exempt from the provisions of this subsection. The Planning Board shall adopt and from time to time shall amend rules and fee schedules relative to the issuance of site plan approval and shall file a copy of said rules and fee schedules in the office of the Town Clerk.
[Amended 4-28-2014 ATM
by Art. 33]
B.
Hearing. The Planning Board shall, at the expense of the applicant,
give notice of a public hearing as required by the Zoning Act of Massachusetts
General Laws and shall, after publication of said notice, hold a public
hearing on the application. The public hearing shall not be held until
at least 21 days have elapsed and within 65 days from the date of
the filing of the application. The public hearing shall be conducted
in accordance with the rules and procedures prescribed by the Planning
Board as required by the Zoning Act of Massachusetts General Laws.
C.
Site plan approval shall be granted upon determination by the Planning
Board that the plan conforms to the following standards. The Planning
Board may impose reasonable conditions at the expense of the applicant,
including performance guarantees, to ensure such conformance. To the
extent feasible, new building construction or other site alteration
shall be designed, after considering the qualities of the specific
location, the proposed land use and buildings, grading, egress points,
and other aspects of the development, so as to meet these objectives:
(1)
For multifamily site plans for which more than one structure
is proposed, placement of structures on the site is appropriate to
the site and compatible with its surroundings. To achieve this finding
the Board shall review the proposal for:
[Amended 4-29-2019 ATM
by Art. 23]
(a)
There shall be no more than two garage bays (or two interior
parking spaces as defined by the Zoning Bylaw) per unit and they should
be oriented so that they are in character with the streetscape and
surrounding properties.
(b)
Each dwelling unit should have access to private yard, patio,
or other private outdoor space.
(c)
Negative visual impacts of the development, if any, are screened
from adjacent properties and nearby streets by landscaping or other
site planning techniques. The Planning Board, in its discretion, may
require additional screened buffer zone for the privacy of directly
abutting properties. Screening can include use of existing trees and
plants, new vegetation, fencing, or a combination of these options.
(d)
Each parking space or driveway serving a multifamily dwelling
shall be set back at least 10 feet from any side lot line and rear
lot line and shall be designated on the site plan.
(e)
Adequate provisions for snow removal or on-site storage should
also be demonstrated.
(f)
The access, egress, and internal circulation are designed to
provide a network of pedestrian-friendly streetscapes.
(g)
The dwellings are sited and oriented in a complementary relationship
to: each other, the common open space, and the adjacent properties.
(2)
The proposed use will not result in a public hazard due to substantially
increased vehicular traffic or due to inadequacy of the structure
or configuration of the road(s) directly serving the site.
(3)
The proposed use will not create any danger of pollution to
public or private water facilities.
(5)
No excessive noise, light or odor shall be emitted.
(6)
The site plan and proposed use(s) conform to all requirements
of the Zoning Bylaw of the Town of Medfield.
D.
No building permit shall be granted for construction authorized by
approval granted hereunder until plans have been submitted to the
Building Inspector which specify in detail the manner of compliance
with any conditions set by the Planning Board.
E.
Lapse. Site plan approval shall lapse after one year from the grant
thereof if a substantial use thereof has not sooner commenced except
for good cause. Such approval may, for good cause, be extended in
writing by the Planning Board upon the written request of the applicant.
F.
Appeal periods. Appeals shall be conducted in accordance with applicable
law.
A.
Any appeal to the Board of Appeals to any order or decision relative
to this Bylaw shall be made in conformance with the conditions set
out by the Zoning Act. All such appeals shall be conducted in accordance
with the Zoning Act.
B.
Any person aggrieved by a decision of the Board of Appeals or the
Planning Board or the Board of Selectmen may petition the court within
the period of time set forth in the Zoning Act.
[Amended 4-28-2014 ATM
by Art. 33]
The furnishing of all plans and specifications necessary to
all boards and authorities as required by this Article shall be the
obligation of the applicant. Each board or authority shall immediately
return to such applicant a dated receipt in duplicate describing the
documents received. Such receipt shall be prima facie evidence of
delivery and date of delivery. A copy of each receipt shall be presented
to the Board of Appeals or the Planning Board at least two weeks before
the date set for the hearing of the application.
[Added 4-24-2017 ATM
by Art. 42]
Certain uses, structures, or conditions are designated as "SPPB"
in the Table of Use Regulations, included as an attachment to this
Bylaw. These uses require a special permit from the Planning Board,
which may be obtained only by use of the following procedure.
A.
Form of application.
(1)
Any person desiring to apply for a special permit hereunder
shall submit an application, in writing, to the Planning Board with
a copy to the Building Commissioner, the Board of Health, and Town
Clerk. Each application shall contain the following information:
(a)
The full name and address of the applicant.
(b)
The full name and address of the record owner of the real estate
concerning which the special permit is sought if different from the
applicant.
(c)
If the applicant is other than the record owner of the real
estate, the nature of the applicant's interest in the real estate
(i.e., lease, option to purchase, etc.).
(d)
The street address and zone for the property concerning which
a special permit is sought.
(e)
A summary of any construction or change which the applicant
intends to make to the property if the special permit is granted.
(f)
Zoning Table to show existing and proposed dimensional requirements
using methodologies found in the Medfield Zoning Bylaw.
(g)
A site plan showing the boundary lines of the premises and the
locations of structures thereon, including parking areas, walkways,
patios, decks, accessory structures, utilities, easements, stone walls
or other significant features.
(h)
Current stamped plans showing any proposed construction, alterations
or renovations of the premises for which the special permit is sought.
(i)
Current stamped engineered plans showing proposed drainage system.
(j)
If the proposed use contemplates removal or disturbance of any
earth, topographical plans of the property shall be furnished which
show existing and finished ground contours at two-foot intervals.
(k)
A summary of applicant's reasons for seeking the special permit.
(2)
The Planning Board may require from any applicant for a special
permit such additional information as it may determine to be necessary
to determine the effect of the proposed use upon neighboring persons
and property, and upon the welfare of the Town.
B.
If no recommendations are received within 35 days after the date on which a copy of the application is submitted to the Building Commissioner and the Board of Health, as required by Subsection A, it shall be deemed lack of their opposition thereto.
C.
Hearing. The Planning Board shall, at the expense of the applicant,
give notice of a public hearing as required by the Zoning Act and
shall, after publication of said notice, hold a public hearing on
the application. The public hearing shall not be held until at least
21 days have elapsed and within 65 days from the date of the filing
of the application. The public hearing shall be conducted in accordance
with the rules and procedures prescribed by the Planning Board as
required by the Zoning Act.
D.
The Planning Board shall adopt and from time to time amend rules
relative to the issuance of special permits and shall file a copy
of said rules in the office of the Town Clerk.
E.
After the public hearing required by Subsection C has been concluded, the Planning Board may grant a special permit if it concludes that a special permit is warranted by the application and the evidence produced at the public hearing and if it makes the following specific findings of fact:
(1)
Overall design is consistent and compatible with the neighborhood,
including as to factors of building orientation, scale, and massing.
(2)
Vehicular traffic flow, access and parking and pedestrian safety
are properly addressed such that the proposed use will not result
in a public hazard due to substantially increased vehicular traffic
or parking in the neighborhood.
(3)
Drainage, utilities and other infrastructure are adequate or
will be upgraded to accommodate development.
(4)
The proposed use will not have any significant adverse effect
upon properties in the neighborhood, including property values.
(5)
Project will not adversely affect or cause substantial damage
to any environmentally significant natural resource, habitat, or feature
or, if it will, proposed mitigation, remediation, replication, or
compensatory measures are adequate.
(6)
Number, height, bulk, location and siting of building(s) and
structure(s) will not result in abutting properties being deprived
of light or fresh air circulation or being exposed to flooding or
subjected to excessive noise, odor, light, vibrations, or airborne
particulates.
(7)
Water consumption and sewer use, taking into consideration current
and projected future local water supply and demand and wastewater
treatment capacity, will not be excessive.
(8)
The proposed use will not create any hazard to public safety
or health in the neighborhood.
(9)
If public sewerage is not provided, plans for on-site sewage
disposal systems are adequate and have been approved by the Board
of Health.
F.
New two-family dwellings with a proposed lot coverage equal to or
greater than 15% (in the RU Zoning District) or the conversion of
an existing single-family dwelling to a new two-family dwelling with
a proposed lot coverage equal to or greater than 15% (in the RU Zoning
District) shall be permitted subject to the following special criteria:
(1)
The common party wall shall connect habitable space (an area
within a building, typically a residential building, used for living,
sleeping, eating or cooking purposes - also called "occupiable space."
Those areas not considered to meet this definition include storage
rooms, garages and utility spaces).
(2)
There shall be no more than two garage bays (or two interior
parking spaces as defined by the Zoning Bylaw) per unit and they should
be oriented so that they are in character with the surrounding properties.
(3)
Each dwelling unit has access to private yard, patio, or other
private outdoor space.
(4)
The Planning Board, in its discretion, may require additional
screened buffer zone for the privacy of adjacent properties. Screening
can include use of existing trees and plants, new vegetation, fencing,
or a combination of these options.
(5)
Each parking space or driveway serving a two-family dwelling
shall be set back at least 10 feet from any side lot line and rear
lot line and shall be designated on the site plan.
(6)
Adequate provisions for snow removal or on-site storage should
also be demonstrated.
G.
Multifamily dwelling developments shall be permitted subject to the
following special criteria:
[Added 4-30-2018 ATM by Art. 41[1]]
(1)
The development of multiple dwellings does not detract from
the livability, scale, character or economic value of existing residential
neighborhoods.
(2)
There shall be no more than two garage bays (or two interior
parking spaces as defined by the Zoning Bylaw) per unit and they should
be oriented so that they are in character with the streetscape and
surrounding properties.
(3)
Each dwelling unit should have access to private yard, patio,
or other private outdoor space.
(4)
Negative visual impacts of the development, if any, are screened
from adjacent properties and nearby streets by landscaping or other
site planning techniques. The Planning Board, in its discretion, may
require additional screened buffer zone for the privacy of directly
abutting properties. Screening can include use of existing trees and
plants, new vegetation, fencing, or a combination of these options.
(5)
Each parking space or driveway serving a multifamily dwelling
shall be set back at least 10 feet from any side lot line and rear
lot line and shall be designated on the site plan.
(6)
Adequate provisions for snow removal or on-site storage should
also be demonstrated.
(7)
The access, egress, and internal circulation are designed to
provide a network of pedestrian-friendly streetscapes.
(8)
The dwellings are sited and oriented in a complementary relationship
to: each other, the common open space, and the adjacent properties
with respect to scale, mass, setback, proportions and materials.
H.
Historic preservation incentive for two-family dwellings in the RU
Zoning District.
(1)
A special permit pursuant to § 300-14.15A through F for a proposed project that preserves a structure that has received a determination from the Medfield Historical Commission that the structure is a "historically significant structure" (as defined by Town Code § 150-13, as the same may be amended from time to time) may allow a lot coverage of up to 30% upon finding the property complies with the following criteria:
(a)
As to the existing historic structure, the project:
(i)
Preserves the primary part of the existing historic
structure, particularly that portion which is visible from the street,
integral to the historic character of the property and important for
its relationship to neighboring structures.
(ii)
Preserves the historic structure's existing scale,
massing, height, setback, orientation, roofline, materials, and architectural
details.
(iii)
Maintains the size, type and spacing of existing
windows and doors.
(iv)
Maintains any historic outbuildings on the property
whenever possible.
(b)
It shall be a prerequisite to requesting such increased lot coverage that the applicant shall have submitted to Medfield Historical Commission information relating to the historical features of the structure to enable the Commission to make a determination as to whether such structure is a "historically significant structure." Where such increased lot coverage is sought, a copy of the Commission's determination must be included in the applicant's application for a special permit pursuant to § 300-14.15A through F.
(2)
As to new construction directly related to an existing historic
structure, the new construction respects and reflects the scale, massing,
roof forms, materials, windows, doors, and other architectural details
of the related historic structure.
I.
Waivers to special permit criteria for a two-family dwelling. One or more of the special permit criteria specific to two-family dwellings required by Subsection F(1) through (6) may be waived if, in the opinion of the Planning Board, based on compelling reasons of safety, aesthetics, or site design and evidence submitted by the applicant at the public hearing, the proposed project can be built without substantial detriment to the neighborhood, the proposed building is compatible with the neighborhood and surrounding properties, and the proposed project is otherwise consistent with the requirements of Subsections E, F, and G of this Section. [Amended 4-30-2018 ATM by Art. 41]
Note: Waivers granted to one project do not mean future projects
may automatically receive the same waivers.
[Added 4-24-2017 ATM
by Art. 46]
Purpose and intent. The purpose of this Bylaw is to encourage
development of new housing that is affordable to low- and moderate-income
households. At minimum, affordable housing produced through this regulation
should be in compliance with the requirements set forth in MGL c.
40B, §§ 20 through 24 (as the same may be amended from
time to time), and other affordable housing programs developed by
state, county and local governments. It is intended that the affordable
housing units that result from this Bylaw/ordinance be considered
as local action units, in compliance with the requirements for the
same as specified by the Department of Housing and Community Development
(DHCD) or successor state agency or regulations.
A.
Applicability.
[Amended 4-29-2019 ATM by Art. 23]
(1)
In all zoning districts, the inclusionary zoning provisions
of this section shall apply to the following uses:
(a)
Any project requiring a special permit under Chapter 300, Zoning, Attachment 1, Table of Use Regulations, Section 1.4, or site plan approval under Chapter 300, Zoning, Attachment 1, Table of Use Regulations, Section 1.4.a, that results in a net increase of six or more dwelling units, as measured over a ten-year time period, whether by new construction or by the alteration, expansion, reconstruction, or change of existing residential or non-residential space.
B.
Special permit. The development of any project set forth in Subsection A (above) shall require the grant of a special permit from the Planning Board. A special permit shall be granted if the proposal meets the requirements of this Bylaw. The application procedure for the special permit shall be as defined in § 300-14.15 of the Town's Zoning Bylaw.
C.
Mandatory provision of affordable units.
(1)
As a condition of approval for a special permit, the applicant
shall contribute to the local stock of affordable unit by providing
at least the number of affordable housing units specified below, which
affordable housing units must be eligible for inclusion on the Subsidized
Housing Inventory. A fractional unit of 0.5 or more shall be rounded
up to the next whole unit.
|
Table of Affordable Units Requirements*
| |
|---|---|
|
Total Units in Project
|
Affordable Units
|
|
6 to 20
|
15%
|
|
21 to 49
|
20%
|
|
50+
|
25%
|
|
NOTES:
| |
|---|---|
|
*
|
The construction of affordable units shall be commensurate with
the construction of market rate units. Should projects be constructed
in phases, each phase shall contain the same proportion of affordable
units to market rate units as the overall development.
|
(2)
As a condition of approval for a special permit, at least 20%
of the total number of bedrooms within a development shall be located
within affordable units. A fractional bedroom count of 0.5 or more
shall be rounded up to the next whole unit.
(3)
As a condition for the granting of a special permit, all affordable
housing units 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 the Department of Housing and Community Development, including
but not limited to Provisions Applicable to Affordable Housing Units;
Maximum Incomes and Selling Prices: Initial Sale; Preservation of
Affordability; Restrictions on Resale; and shall ensure that affordable
units can be counted toward the Town's subsidized housing inventory.
The special permit shall not take effect until the restriction, the
regulatory agreement and the special permit are recorded at the Registry
of Deeds and a copy provided to the Planning Board and the Inspector
of Buildings.
D.
Deed restrictions. All developments with affordable units shall provide
deed restrictions on the units in perpetuity. The deed restriction
shall be consistent with riders prepared by DHCD, and shall grant
the Town the right of first refusal to purchase any ownership units
in the event that a qualified purchaser cannot be located. In addition,
no certificate of occupancy permit shall be granted for any development
containing affordable units prior to the recording of the deed restriction
at the Registry of Deeds.
E.
Local preference. To the maximum extent permitted by law, including
the regulations of DHCD, any special permit granted hereunder shall
include a condition that a preference for Medfield residents, Town
of Medfield employees, employees of Medfield businesses, and families
of students attending Medfield schools shall be included as part of
the lottery and marketing plan for the affordable units.
F.
Fees. The applicant shall be responsible for all consultant fees,
including engineering, architectural, legal, housing consultant and
planning fees, incurred by the Planning Board in connection with the
application, review of relevant plans and documents, and ensuring
that the affordable units are included on the Town's SHI.
G.
Conflict with other Bylaws. The provisions of this Bylaw shall be
considered supplemental of existing zoning Bylaws. To the extent that
a conflict exists between this Bylaw and others, the more restrictive
Bylaw/ordinance, or provisions therein, shall apply.
