[Added 11-20-2017 by Ord.
No. 507]
A.
Purpose. The purpose of this § 300-140 is to establish
the Beverly Smart Growth Overlay District (SGOD), to encourage smart
growth in accordance with the purposes of MGL Chapter 40R and to support
development that meets the following objectives:
(1)
To provide an opportunity for residential and mixed-use development
in an underutilized area of the City.
(2)
To promote development that is pedestrian-friendly and beneficial
to surrounding neighborhoods.
(3)
To ensure high-quality site planning, architecture and landscape
design that enhances the distinct visual character and identity of
Beverly and provides an environment with safety, convenience and amenity.
(4)
To provide for a diversified housing stock at a variety of costs,
including affordable housing, and in housing types that meet the needs
of Beverly's population.
(5)
To generate positive tax revenue, and to benefit from the financial
incentives provided by MGL c. 40R, while providing the opportunity
for new multifamily housing development in Beverly.
B.
AFFORDABLE HOMEOWNERSHIP UNIT
AFFORDABLE HOUSING
AFFORDABLE HOUSING RESTRICTION
AFFORDABLE RENTAL UNIT
APPLICANT
AS-OF-RIGHT
DEPARTMENT or DHCD
DESIGN STANDARDS
DWELLING UNIT
ELIGIBLE HOUSEHOLD
ENABLING LAWS
MIXED-USE DEVELOPMENT PROJECT
MONITORING AGENT or ADMINISTERING AGENT
MULTIFAMILY
PAA REGULATIONS
PLAN APPROVAL
PLAN APPROVAL AUTHORITY (PAA)
PROJECT
RESIDENTIAL PROJECT
SGOD
ZONING BYLAW
Definitions. For purposes of this § 300-140, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the MGL c. 40R and 760 CMR 59.00 or Subsection B, Definitions, or as set forth in the PAA Regulations. To the extent that there is any conflict between the definitions set forth in Subsection B or the PAA Regulations and the Enabling Laws, the terms of the Enabling Laws shall govern.
An Affordable Housing unit required to be sold to an Eligible
Household.
Housing that is affordable to and occupied by Eligible Households.
A deed restriction of Affordable Housing meeting statutory requirements in MGL c. 184, § 31 and the requirements of Subsection F(6) of this section.
An Affordable Housing unit required to be rented to an Eligible
Household.
The individual or entity that submits a Project for Plan
Approval.
The Massachusetts Department of Housing and Community Development,
or any successor agency.
Provisions of Subsection M made applicable to Projects within the SGOD that are subject to the Plan Approval process.
One or more living and sleeping rooms providing complete
living facilities for the use of one or more individuals constituting
a single family or household, with permanent provisions for living,
sleeping, eating, cooking and sanitation. The term shall not include
a hotel, motel, bed-and-breakfast, rooming house, hospital, or other
accommodation used for transient lodging.
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.
MGL Chapter 40R and 760 CMR 59.00.
A Project containing a mix of residential uses and nonresidential uses, as allowed in Subsection E(2), and subject to all applicable provisions of this § 300-140.
A residential dwelling containing four or more dwelling units.
The rules and regulations of the PAA adopted pursuant to Subsection I(3).
The local approval authority authorized under Subsection I(2) to conduct the Plan Approval process for purposes of reviewing Project applications and issuing Plan Approval decisions within the SGOD.
A Residential Project or Mixed-Use Development Project undertaken
within the SGOD in accordance with the requirements of this § 300-140.
A Project that consists solely of residential, parking, and accessory uses, as further defined in Subsection E(1).
The Smart Growth Overlay District established in accordance
with this § 300-140.
The Zoning Bylaw of the City of Beverly.
C.
Overlay District.
(1)
Establishment. The Smart Growth Overlay District, hereinafter referred to as the "SGOD," is an overlay district having a land area of approximately 5.06 acres in size that is superimposed over the underlying zoning district and is shown on the official City Zoning District Map as set forth in § 300-8 of this chapter.
D.
Applicability of SGOD.
(1)
Applicability of SGOD. An applicant may seek development of
a Project located within the SGOD in accordance with the provisions
of the Enabling Laws and this § 300-140, including a request
for Plan Approval by the PAA, if necessary. In such case, notwithstanding
anything to the contrary in the Zoning Bylaw, such application shall
not be subject to any other provisions of the Zoning Bylaw, 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 other
building permit or dwelling unit limitations.
(2)
Underlying zoning. The SGOD is an overlay district superimposed
on all underlying zoning districts. The regulations for use, dimension,
and all other provisions of the Zoning Bylaw governing the underlying
zoning district(s) shall remain in full force, except for those Projects
undergoing development pursuant to this § 300-140. Within
the boundaries of the SGOD, a developer may elect either to develop
a Project in accordance with the requirements of the Smart Growth
Zoning, or to develop a Project in accordance with requirements of
the regulations for use, dimension, and all other provisions of the
Zoning Bylaw governing the underlying zoning district(s).
(3)
Administration, enforcement, and appeals. The provisions of this § 300-140 shall be administered by the Building Commissioner, except as otherwise provided herein. Any legal appeal arising out of a Plan Approval decision by the PAA under Subsections I through M shall be governed by the applicable provisions of MGL Chapter 40R. Any other request for enforcement or appeal arising under this § 300-140 shall be governed by the applicable provisions of MGL Chapter 40A.
E.
Permitted uses. The following uses are permitted As-of-Right for
Projects within the SGOD.
(1)
Residential Projects. A Residential Project within the SGOD
may include:
(2)
Mixed-Use Development Projects.
(a)
A Mixed-Use Development Project within the SGOD may include:
[1]
Multifamily residential use, provided that the minimum allowable as-of-right density requirements for residential use specified in Subsection G(1) shall apply to the residential portion of any Mixed-Use Development Project;
[2]
Any of the following nonresidential uses: office, medical, educational,
research and development, recreational and/or civic uses;
[3]
Parking accessory to any of the above permitted uses, including
surface, garage-under, and structured parking (e.g., parking garages);
and
[4]
Accessory uses customarily incidental to any of the above permitted
uses.
(b)
The total gross floor area devoted to nonresidential uses within
a Mixed-Use Development Project shall not exceed 33% of the total
gross floor area of the Project.
F.
Housing and housing affordability.
(1)
Number of Affordable Housing units. For all Projects, not less
than 20% of housing units constructed shall be Affordable Housing.
For Projects that include rental Dwelling Units, 25% of such units
must be Affordable Rental Units; however the PAA may grant a waiver
to reduce the number of Affordable Housing units to not less than
20% if it determines the Project will not be financially feasible
when providing 25% of rental units as Affordable Housing. For purposes
of calculating the number of units of Affordable Housing required
within a Project, any fractional unit shall be deemed to constitute
a whole unit.
(2)
Monitoring Agent. A Monitoring Agent, which may be the local
housing authority or other qualified housing entity, shall be designated
by the PAA, chief executive, or other designated municipal official
(the "designating official"). In a case where the Monitoring Agent
cannot adequately carry out its administrative duties, upon certification
of this fact by the designating official or by DHCD, such duties shall
devolve to and thereafter be administered by a qualified housing entity
designated by the designating official. In any event, such Monitoring
Agent shall ensure the following, both prior to issuance of a building
permit for a Project within the SGOD, and on a continuing basis thereafter,
as the case may be:
(a)
Prices of Affordable Homeownership Units are properly computed;
rental amounts of Affordable Rental Units are properly computed;
(b)
Income eligibility of households applying for Affordable Housing
is properly and reliably determined;
(c)
The housing marketing and resident selection plan conforms to
all requirements, have been approved by DHCD specifically with regard
to conformance with MGL c. 40R and 760 CMR 59.00, and are properly
administered;
(d)
Sales and rentals are made to Eligible Households chosen in
accordance with the housing marketing and resident selection plan
with appropriate unit size for each household being properly determined
and proper preference being given; and
(e)
Affordable Housing Restrictions meeting the requirements of
this section are approved by DHCD specifically with regard to conformance
with MGL c. 40R and 760 CMR 59.00, recorded with the proper Registry
of Deeds.
(3)
Submission requirements.
(a)
As part of any application for Plan Approval for a Project within the SGOD submitted under Subsections I through M (or, for Projects not requiring Plan Approval, prior to submission of any application for a building permit), the Applicant must submit the following documents to the PAA and the Monitoring Agent:
(b)
These documents in combination, to be submitted with an application
for Plan Approval (or, for Projects not requiring Plan Approval, prior
to submission of any application for a building permit), shall include
details about construction related to the provision, within the development,
of units that are accessible to the disabled and appropriate for diverse
populations, including households with children, other households,
individuals, households including individuals with disabilities, and
the elderly.
(4)
Cost and eligibility requirements.
(a)
Affordable Housing shall comply with the following requirements:
[1]
Affordable Housing required to be offered for rent or sale shall
be rented or sold to and occupied only by Eligible Households.
[2]
For an Affordable Rental Unit, the monthly rent payment, including
utilities and parking, shall not exceed 30% of the maximum monthly
income permissible for an Eligible Household, assuming a family size
equal to the number of bedrooms in the unit plus one, unless other
affordable program rent limits approved by the DHCD shall apply.
[3]
For an Affordable Homeownership Unit, the monthly housing payment,
including mortgage principal and interest, private mortgage insurance,
property taxes, condominium and/or homeowners' association fees, insurance,
and parking, shall not exceed 30% of the maximum monthly income permissible
for an Eligible Household, assuming a family size equal to the number
of bedrooms in the unit plus one.
(b)
Prior to the granting of any Plan Approval for a Project, the
Applicant must demonstrate, to the satisfaction of the Monitoring
Agent, that the method by which such affordable rents or affordable
purchase prices are computed shall be consistent with state or federal
guidelines for affordability applicable to the City of Beverly.
(5)
Design and construction. Units of Affordable Housing shall be
finished housing units. Units of Affordable Housing shall be dispersed
proportionately throughout the Project of which they are part, across
all unit types and be comparable in original construction quality,
size and exterior design to the other housing units in the Project.
The bedroom-per-unit average for the Affordable Housing must be equal
to or greater than the bedroom-per-unit average for the unrestricted/market-rate
units.
(6)
Affordable Housing restriction. Each Project shall be subject
to an Affordable Housing Restriction which is recorded with the appropriate
Registry of Deeds or District Registry of the Land Court and which
contains the following:
(a)
Specification of the term of the Affordable Housing Restriction,
which shall be no less than 30 years;
(b)
The name and address of the Monitoring Agent, with a designation
of its power to monitor and enforce the Affordable Housing Restriction;
(c)
Floor plans, locations and descriptions of the Affordable Homeownership
Unit(s) and initially designated Affordable Rental Unit(s), as applicable,
by address/unit number and number of bedrooms, with total units and
percentages. Such restriction shall apply individually to the specifically
identified Affordable Homeownership Unit and shall apply to a percentage
of rental units of a rental Project or the rental portion of a Project
with the initially designated Affordable Rental Units identified in,
and able to float subject to approval by DHCD in accordance with,
the corresponding Affirmative Fair Housing Marketing Plan (AFHMP)
and DHCD's AFHMP guidelines.
(d)
Reference to a housing marketing and resident selection plan,
to which the Affordable Housing is subject, and which includes an
affirmative fair housing marketing program, including public notice
and a fair resident selection process. The plan shall designate the
household size appropriate for a unit with respect to bedroom size
and provide that the preference for such unit shall be given to a
household of the appropriate size;
(e)
A requirement that buyers or tenants will be selected at the
initial sale or initial rental and upon all subsequent sales and rentals
from a list of Eligible Households compiled in accordance with the
housing marketing and selection plan;
(f)
Reference to the formula pursuant to which rent of a rental
unit or the maximum resale price of a homeownership unit will be set;
(g)
A requirement that only an Eligible Household may reside in
Affordable Housing and that notice of any lease of any Affordable
Rental Unit shall be given to the Monitoring Agent;
(h)
Provision for effective monitoring and enforcement of the terms
and provisions of the affordable housing restriction by the Monitoring
Agent;
(i)
Provision that the restriction on an Affordable Homeownership
Unit shall run in favor of the Monitoring Agent and/or the municipality,
in a form approved by municipal counsel, and shall limit initial sale
and resale to and occupancy by an Eligible Household;
(j)
Provision that the restriction on Affordable Rental Units in
a rental Project or rental portion of a Project shall run with the
rental Project or rental portion of a Project and shall run in favor
of the Monitoring Agent and/or the municipality, in a form approved
by municipal counsel, and shall limit rental and occupancy to an Eligible
Household;
(k)
Provision that the owner(s) or manager(s) of Affordable Rental
Unit(s) shall file an annual report to the Monitoring Agent, in a
form specified by that agent certifying compliance with the affordability
provisions of this section and containing such other information as
may be reasonably requested in order to ensure affordability; and
(l)
A requirement that residents in Affordable Housing provide such
information as the Monitoring Agent may reasonably request in order
to ensure affordability.
(7)
Costs of housing marketing and selection plan. The housing marketing
and selection plan may make provision for payment by the Project Applicant
of reasonable costs to the Monitoring Agent to develop, advertise,
and maintain the list of Eligible Households and to monitor and enforce
compliance with affordability requirements.
(8)
Age restrictions. Nothing in this § 300-140 shall permit the imposition of restrictions on age upon Projects unless proposed or agreed to voluntarily by the Applicant. However, the PAA may, in its review of a submission under Subsection F(3), allow a specific Project within the SGOD designated exclusively for the elderly, persons with disabilities, or for assisted living, provided that any such Project shall be in compliance with all applicable federal, state and local fair housing laws and regulations and not less than 25% of the housing units in such a restricted Project shall be restricted as affordable units.
(9)
Phasing. For any Project that is approved and developed in phases in accordance with Subsection I(4), the percentage of affordable units in each phase shall be at least equal to the minimum percentage of Affordable Housing required under Subsection F(1). Where the percentage of Affordable Housing is not uniform across all phases, the unit dispersal and bedroom proportionality requirements under Subsection F(5) shall be applied proportionate to the Affordable Housing provided for in each respective phase.
G.
Dimensional and density requirements.
(1)
Table of Requirements. Notwithstanding anything to the contrary
in this Zoning Bylaw, the dimensional requirements applicable in the
SGOD are as follows:
|
Multifamily/Mixed-Use
| |
|---|---|
|
As-of-Right density (residential)
|
Up to 20 units per acre
|
|
Sohier Road setback
|
10 feet
|
|
Tozer Road setback
|
10 feet
|
|
Rear/Northern setback
|
10 feet
|
|
Building height
|
38 feet
|
H.
Parking requirements. The parking requirements applicable for Projects
within the SGOD are as follows:
(1)
Number of parking spaces.
(a)
Unless otherwise approved by the PAA, the following minimum/maximum
numbers of off-street parking spaces shall be provided by use, either
in surface parking, within garages or other structures:
|
Use
|
Minimum/Maximum Off-Street Parking Spaces Required
| |
|---|---|---|
|
Multifamily residential
| ||
|
1-bedroom units
|
1 per unit
| |
|
2-bedroom units
|
2 per unit
| |
|
3+-bedroom units
|
2 per unit
| |
|
Office
|
1 for every 250 square feet of gross floor area
| |
|
Medical
|
1 for every 150 square feet of gross floor area
| |
|
Educational
|
1 for each 500 square feet of floor space
| |
|
Research and development
|
2.5 per 1,000 square feet of gross floor area
| |
|
Recreational/Civic
|
1 per 400 square feet of gross floor area
| |
(b)
The PAA may allow for additional visitor parking spaces beyond the two per residential unit maximum spaces per unit if deemed appropriate given the design, layout and density of the proposed residential or other development. The PAA may allow for a decrease in the required parking as provided in Subsections H(2) and H(3) below.
(2)
Shared parking. Notwithstanding anything to the contrary herein,
the use of shared parking to fulfill parking demands noted above that
occur at different times of day is strongly encouraged. Minimum parking
requirements above may be reduced by the PAA through the Plan Approval
process if the Applicant can demonstrate that shared spaces will meet
parking demands by using accepted methodologies (e.g., the Urban Land
Institute Shared Parking Report, ITE Shared Parking Guidelines, or
other approved studies).
(3)
Reduction in parking requirements. Notwithstanding anything
to the contrary herein, any minimum required amount of parking may
be reduced by the PAA through the Plan Approval process, if the Applicant
can demonstrate that the lesser amount of parking will not cause excessive
congestion, endanger public safety, or that a lesser amount of parking
will provide positive environmental or other benefits, taking into
consideration:
(a)
The availability of surplus off-street parking in the vicinity
of the use being served and/or the proximity of a bus stop or transit
station;
(b)
The availability of public or commercial parking facilities
in the vicinity of the use being served;
(c)
Shared use of off-street parking spaces serving other uses having
peak user demands at different times;
(d)
Age or other occupancy restrictions which are likely to result
in a lower level of auto usage;
(e)
Impact of the parking requirement on the physical environment
of the affected lot or the adjacent lots, including reduction in green
space, destruction of significant existing trees and other vegetation,
destruction of existing dwelling units, or loss of pedestrian amenities
along public ways; and
(f)
Such other factors as may be considered by the PAA.
(4)
Location of parking. Any surface parking lot shall, to the maximum
extent feasible, be located at the rear or side of a building, relative
to any principal street, public open space, or pedestrian way.
I.
Plan approval of Projects: general provisions.
(1)
Plan Approval. An application for Plan Approval shall be reviewed by the PAA for consistency with the purpose and intent of Subsections I through M. Such Plan Approval process shall be construed as an As-of-Right review and approval process as required by and in accordance with the Enabling Laws. All Projects shall be subject to the Plan Approval process.
(2)
Plan Approval Authority (PAA). The Planning Board, consistent
with MGL Chapter 40R and 760 CMR 59.00, shall be the Plan Approval
Authority (the "PAA"), and it is authorized to conduct the Plan Approval
process for purposes of reviewing Project applications and issuing
Plan Approval decisions within the SGOD.
(3)
PAA regulations. The Plan Approval Authority may adopt administrative
rules and regulations relative to Plan Approval. Such rules and regulations,
along any associated application forms, guidelines, fee schedules
and other application materials to which Applicants are subject, must
be approved by the Department of Housing and Community Development.
(4)
Project phasing. An Applicant may propose, in a Plan Approval submission, that a Project be developed in phases, provided that the submission shows the full buildout of the Project and all associated impacts as of the completion of the final phase, and subject to the approval of the PAA. Any phased project shall comply with the provisions of Subsection F(9).
J.
Plan Approval procedures.
(1)
Preapplication. Prior to the submittal of a Plan Approval submission,
a "concept plan" may be submitted to help guide the development of
the definitive submission for Project buildout and individual elements
thereof. The concept plan is intended to be used as a tool for both
the Applicant and the PAA to ensure that the proposed Project design
will be consistent with the Design Standards and other requirements
of the SGOD. Such concept plan should reflect the following:
(2)
Required submittals. An application for Plan Approval shall be submitted to the PAA on the form provided by the PAA [along with application fee(s)], which shall be as set forth in the PAA Regulations. The application shall be accompanied by such plans and documents as may be required and set forth in the PAA Regulations. For any Project that is subject to the affordability requirements of Subsection F, the application shall be accompanied by all materials required under Subsection F(3). All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed and stamped, and drawings prepared at a scale of one inch equals 40 feet (1"=40') or larger, or at a scale as approved in advance by the PAA.
(3)
Filing. An Applicant for Plan Approval shall file the required
number of copies of the application form and the other required submittals
as set forth in the PAA Regulations with the City Clerk and a copy
of the application, including the date of filing certified by the
City Clerk, shall be filed forthwith with the PAA.
(4)
Circulation to other boards. Upon receipt of the application,
the PAA shall immediately provide a copy of the application materials
to the City Council, Board of Appeals, Board of Health, Conservation
Commission, Fire Department, Police Department, Building Commissioner,
Department of Public Services, the Monitoring Agent, Design Review
Board, Parking and Traffic Commission, and other municipal officers,
agencies or boards for comment. Any such board, agency or officer
shall provide any written comments within 60 days of its receipt of
a copy of the plan and application for approval.
(5)
Hearing. The PAA shall hold a public hearing for which notice
has been given as provided in § 11 of MGL Chapter 40A. The
decision of the PAA shall be made, and a written notice of the decision
filed with the City Clerk, within 120 days of the receipt of the application
by the City Clerk. The required time limits for such action may be
extended by written agreement between the Applicant and the PAA, with
a copy of such agreement being filed in the office of the City Clerk.
Failure of the PAA to take action within said 120 days or extended
time, if applicable, shall be deemed to be an approval of the Plan
Approval application.
(6)
Peer review. The Applicant shall be required to pay for reasonable
consulting fees to provide peer review of the Plan Approval application,
pursuant to MGL c. 40R, § 11(a). Such fees shall be held
by the City in a separate account and used only for expenses associated
with the review of the application by outside consultants, including,
but not limited to, attorneys, engineers, urban designers, housing
consultants, planners, and others. Any surplus remaining after the
completion of such review, including any interest accrued, shall be
returned to the Applicant forthwith.
K.
Plan Approval decisions.
(1)
Plan Approval.
(a)
Plan Approval shall be granted where the PAA finds that:
[1]
The Applicant has submitted the required fees and information
as set forth in the PAA Regulations; and
[2]
The Project as described in the application meets all of the
requirements and standards set forth in this § 300-140 and
the PAA Regulations, or a waiver has been granted therefrom; and
[3]
Any significant adverse potential impacts of the Project on
nearby properties have been adequately mitigated.
(b)
Compliance with condition K(1)(a)[2] above shall include written
confirmation by the Monitoring Agent that all requirements of that
subsection have been satisfied. The PAA may attach conditions to the
Plan Approval decision that are necessary to ensure substantial compliance
with this § 300-140, or to mitigate any significant adverse
potential impacts of the Project on nearby properties.
(2)
Plan disapproval. A Plan Approval application may be disapproved
only where the PAA finds that:
(a)
The Applicant has not submitted the required fees and information
as set forth in the regulations; or
(b)
The Project as described in the application does not meet all
of the requirements and standards set forth in this § 300-140
and the PAA Regulations, or that a requested waiver therefrom has
not been granted; or
(c)
It is not possible to adequately mitigate significant adverse
project impacts on nearby properties by means of suitable conditions.
(3)
Waivers. Upon the request of the Applicant and subject to compliance with MGL c. 40R, 760 CMR 59.00, and Subsection F(10), the Plan Approval Authority may waive dimensional and other requirements of § 300-140, including the Design Standards, in the interests of design flexibility and overall Project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the SGOD, or if it finds that such waiver will allow the Project to achieve the density, affordability, mix of uses, and/or physical character allowable under this § 300-140.
(4)
Project phasing. The PAA, as a condition of any Plan Approval, may allow a Project to be phased at the request of the Applicant, or it may require a Project to be phased for the purpose of coordinating its development with the construction of planned infrastructure improvements (as that term is defined under 760 CMR 59.00), or to mitigate any extraordinary adverse Project impacts on nearby properties. For Projects that are approved and developed in phases, unless otherwise explicitly approved in writing by the Department in relation to the specific Project, the proportion of affordable units shall be at least equal to the minimum percentage of Affordable Housing required under Subsection F(1).
(5)
Form of decision. The PAA shall issue to the Applicant a copy
of its decision containing the name and address of the owner, identifying
the land affected, and the plans that were the subject of the decision,
and certifying that a copy of the decision has been filed with the
City Clerk and that all plans referred to in the decision are on file
with the PAA. If 20 days have elapsed after the decision has been
filed in the office of the City Clerk without an appeal having been
filed or if such appeal, having been filed, is dismissed or denied,
the City Clerk shall so certify on a copy of the decision. If a plan
is approved by reason of the failure of the PAA to act in a timely
manner, the City Clerk shall make such certification on a copy of
the application. A copy of the decision or application bearing such
certification shall be recorded in the Registry of Deeds for the county
and district in which the land is located and indexed in the grantor
index under the name of the owner of record or recorded and noted
on the owner's certificate of title. The fee for recording or registering
shall be paid by the Applicant.
(6)
Validity of decision. A Plan Approval shall remain valid and
shall run with the land indefinitely, provided that construction has
commenced within two years after the decision is issued, which time
shall be extended by the time required to adjudicate any appeal from
such approval and which time shall also be extended if the Project
proponent is actively pursuing other required permits for the Project
or there is other good cause for the failure to commence construction,
or as may be provided in a Plan Approval for a multi-phase Project.
L.
Change in plans after approval by PAA.
(1)
Minor change. After Plan Approval, an Applicant may apply to
make minor changes in a Project involving minor utility or building
orientation adjustments, or minor adjustments to parking or other
site details that do not affect the overall buildout or building envelope
of the site, or provision of open space, number of housing units,
or housing need or affordability features. Such minor changes must
be submitted to the PAA on redlined prints of the approved plan, reflecting
the proposed change, and on application forms provided by the PAA.
The PAA may authorize such changes at any regularly scheduled meeting,
without the need to hold a public hearing. The PAA shall set forth
any decision to approve or deny such minor change by motion and written
decision, and provide a copy to the Applicant for filing with the
City Clerk.
(2)
Major change. Those changes deemed by the PAA to constitute a major change in a Project because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the PAA as a new application for Plan Approval pursuant to Subsections I through M.
M.
Design Standards.
(1)
Adoption of Design Standards. The Plan Approval Authority may
adopt, by simple majority vote, Design Standards which shall be applicable
to development Projects subject to Plan Approval by the Plan Approval
Authority. Such Design Standards cannot extend beyond the scope of
the elements explicitly permitted under 760 CMR 59.04(1)(f). Design
Standards must be objective and not subjective and may only address
the scale and proportions of buildings, the alignment, width, and
grade of streets and sidewalks, the type and location of infrastructure,
the location of building and garage entrances, off-street parking,
the protection of significant natural site features, the location
and design of on-site open spaces, exterior signs, and buffering in
relation to adjacent properties. DHCD, at its discretion, may require
Design Standards to contain graphics illustrating a particular standard
or definition in order to make such standard or definition clear and
understandable.
(2)
Purpose. The Design Standards are adopted to ensure that the
physical character of Projects within the SGOD:
(a)
Will be complementary to nearby buildings and structures;
(b)
Will be consistent with the Comprehensive Housing Plan, an applicable
master plan, an area-specific plan, or any other plan document adopted
by the City; and
(c)
Will provide for high-density, quality development consistent
with the character of building types, streetscapes, and other community
features traditionally found in densely settled areas of the City
or in the region of the City.
(3)
DHCD approval. After adopting Design Standards, the PAA shall
submit Design Standards to DHCD for approval. Design Standards shall
not take effect until approved by DHCD and filed with the Town Clerk.
In submitting proposed Design Standards for DHCD approval, the PAA
shall also submit sufficient documentation clearly showing that the
proposed Design Standards will not add unreasonable costs to development
Projects or unreasonably impair the economic feasibility of a development
Project. A letter from a developer, property owner or other interested
party indicating that the Design Standards will not add unreasonable
costs or unreasonably impair the economic feasibility of a development
Project shall not constitute sufficient documentation. At its discretion,
DHCD may disapprove Design Standards if it finds that the PAA has
not adopted objective Design Standards or has not submitted such documentation.
(4)
Plan Approval. An application for Plan Approval that has been
submitted to the City Clerk pursuant to this § 300-140 shall
not be subject to Design Standards that have not been approved by
DHCD and filed with the City Clerk.
N.
Severability. If any provision of this § 300-140 is found
to be invalid by a court of competent jurisdiction, the remainder
of § 300-140 shall not be affected but shall remain in full
force. The invalidity of any provision of this § 300-140
shall not affect the validity of the remainder of the Zoning Ordinance
of the City of Beverly, Massachusetts.
