9.1.1.
Purpose. The purpose of this section,
in addition to the purposes enumerated in the preamble to the bylaw,
is to provide that lands in the Town of Lynnfield subject to seasonal
or periodic flooding as described herein shall not be used for residence
or other purposes in such a manner as to endanger the health or safety
of the occupants thereof.
9.1.2.
Location. The Flood Plain District
includes all special flood hazard areas within the Town of Lynnfield
designated as Zone A and Zone AE on the Essex County Flood Insurance
Rate Map (FIRM) issued by the Federal Emergency Management Agency
for the administration of the National Flood Insurance Program. The
map panels of the Essex County FIRM that are wholly or partially within
the Town of Lynnfield are panel numbers: 25009C0383F, 25009C0387F,
25009C0389F, 25009C0391F, 25009C0392F, 25009C0393F, 25009C0394F, and
25009C0413F, dated July 3, 2012. The exact boundaries of the district
are defined by the one-hundred-year base flood elevations shown on
the FIRM and further defined by the Essex County Flood Insurance Study
(FIS) report dated July 3, 2012. The FIRM and FIS report are incorporated
herein by reference and are on file with the Town Clerk.
9.1.3.
Relationship to Other Districts.
All lands within the Flood Plain Districts are included in one or
more of the other districts defined by the bylaw. The permitted uses
specified in "Permitted Uses in Flood Plain Districts"[1] take precedence in areas so classified. If, however, an
exception under "Uses Allowed by the Board of Appeals"[2] is granted by the Board of Appeals then the permitted
uses of the underlying zoning district shall govern.
9.1.4.
Permitted Uses in Flood Plain Districts.
In a flood plain district no building shall be erected, altered or
used, and no premises shall be used except for one or more of the
following uses:
1.
Municipal recreation, public water supply, drainage or flood
control use, orchard, truck garden, nursery, or similar open use of
the land for raising of agricultural or horticultural crops: and if
authorized by the Board of Appeals, commercial golf course, or nonprofit
social, civic or recreational use (but not including any use the chief
activity of which is one customarily conducted as a business); and
buildings and sheds accessory to any of the above uses, as long as
such use is permitted in the underlying district in which the land
is classified, but no dumping, filling, or earth transfer or relocation
operation except for utility trenches, driveways, landscaping, accessory
building foundations, or municipal or public facilities enumerated
above.
2.
Dwellings lawfully existing prior to the adoption of these provisions,
but which shall not thereafter be enlarged or extended.
9.1.5.
Uses Allowed by the Board of Appeals.
If any land shown on the Zoning Map or defined in the bylaw as being
in a flood plain district is proven by a letter of map amendment issued
by the Federal Emergency Management Agency (FEMA) to be in fact not
subject to flooding or not unsuitable for human occupancy because
of drainage and topographic conditions, and if the use of such land
will not be detrimental to the public health, safety and welfare,
the Board of Appeals may permit buildings for human occupancy on such
land in accordance with the requirements of the underlying district
after the necessary proof has been presented to and reported on by
the Planning Board and the Board of Health.
9.1.6.
Restrictions. Notwithstanding any
other provision of the bylaw to the contrary, no building or structure
shall be constructed and no dumping or filling shall be permitted
in a floodway as shown on the FIRM except that new structures may
be constructed or existing structures may be altered or repaired provided
that such activities will improve the flood capacity of the floodway
and provided that a special permit therefor is issued by the Board
of Appeals. Under no circumstances shall any such special permit be
issued, nor any construction or activity allowed anywhere in the District,
that would be in violation of Subsection (d) of the National Flood
Insurance Program regulations, 44 CFR 60.3. The said subsection is
incorporated herein by reference, and a copy of it is on file with
the Town Clerk.
9.2.1.
Purpose. The purpose of this section, in addition to the purposes
enumerated in the preamble to the bylaw, is to provide that lands
in the Town of Lynnfield which are defined as a wetland buffer zone
herein shall not be used for residence for other purposes in such
manner as to endanger the health and safety of the citizens of Lynnfield,
public and/or private water supplies and ground water supplies, to
prevent pollution and to preserve wetlands.
9.2.2.
Location. The location of each wetland buffer zone shall be
(1) any area within the Town of Lynnfield defined as a "buffer zone"
in the Commonwealth's Wetland Protection Act as set forth in 310 CMR
10.00 as the same may be amended from time to time, together with
(2) any area within the Town which is defined as a buffer zone in
any Lynnfield bylaw, as amended from time to time. The Wetland Buffer
Zone shall be limited to the area of land extending 50 feet horizontally
outward.
9.2.3.
Relationship to Other Districts. All wetland buffer zones are
included in one or more of the other districts defined in the bylaw.
The permitted uses specified in "Permitted Uses in a Buffer Zone"[1] take precedence in areas so classified. If, however, an
exception under "Uses Allowed by the Board of Appeals"[2] is granted by the Board of Appeals, then the permitted
uses of the underlying zoning district shall govern.
9.2.4.
Permitted Uses in a Buffer Zone. In a wetland buffer zone, no
building shall be erected, altered or used, and no premises shall
be used except for one or more of the following uses:
1.
Municipal recreation, public or private water supply, drainage
or flood control uses, orchard, truck garden, nursery, or similar
open use of the land for raising of agricultural or horticultural
crops, commercial golf course, residential garages and sheds, as long
as such use is permitted in the underlying district in which the land
is classified, and if authorized by the Board of Appeals, nonprofit
social, civic or recreational use (but not including any use the chief
activity of which is one customarily conducted as a business), but
no dumping, filling or earth transfer, or relocation operation except
for utility trenches, driveways, landscaping, accessory building foundations,
or municipal or public facilities enumerated above.
2.
Dwellings, or dwellings under construction, lawfully existing
prior to the adoption of these provisions, shall be allowed to be
enlarged or extended, and accessory uses permitted by the underlying
zoning district shall be allowed in conformity to the section of this
Zoning Bylaw entitled "Non-Conforming and Temporary Use."[3]
[3]
Editor's Note: So in original.
9.2.5.
Uses Allowed by the Board of Appeals. If any land in the Town
defined in this section as a wetland buffer zone is proven, by reason
of drainage or topographic conditions, to be in fact not detrimental
to the purposes of this section, the Board of Appeals may permit buildings
for human occupancy on such land in accordance with the requirements
of the underlying district after the necessary proof has been presented
by the petitioner to the Board of Health, the Planning Board, and
the Conservation Commission, and their recommendations are received
by the Board of Appeals.
9.3.1.
Purpose. The purpose of this section is:
1.
To promote the health, safety, and general welfare of the community
by ensuring an adequate quality and quantity of drinking water for
the residents, institutions, and businesses of the Town of Lynnfield;
2.
To preserve and protect existing and potential sources of drinking
water supplies;
3.
To conserve the natural resources of the Town; and
4.
To prevent temporary and permanent contamination of the environment.
9.3.2.
Scope of Authority. The Groundwater Protection District is an
overlay district superimposed on the zoning districts. This overlay
district shall apply to all new construction, reconstruction, or expansion
of existing buildings and new or expanded uses. Applicable activities
or uses which fall within the Groundwater Protection District must
comply with the requirements of this district as well as with the
underlying zoning. Uses that are prohibited in the underlying zoning
districts shall not be permitted in the Groundwater Protection District.
9.3.4.
Establishment and Delineations of Groundwater Protection District.
For the purpose of this district, there are hereby established within
the Town certain groundwater protection areas, consisting of aquifers
or recharge areas which are delineated on three maps. These maps are
entitled "Lynnfield Groundwater Protection District Zones 1, 2, 3
September 1, 1993," "Lynnfield Groundwater Protection District Zones
1, 2, 3 Aug. 8, 1996" and "Additional Groundwater Protection District
Lynnfield, MA August 25, 2009." These maps are hereby incorporated
by reference into the Town of Lynnfield Zoning Map.[2]
[2]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
9.3.5.
District Boundary Disputes. If the location of a district boundary
in relation to a particular parcel is in doubt, resolution of boundary
disputes shall be through a special permit granting authority (Zoning
Board of Appeals). Any application for a special permit for this purpose
shall be accompanied by adequate documentation. The burden of proof
shall be upon the owner(s) of the land in question to show where the
bounds should properly be located. The ZBA may engage a professional
engineer (civil or sanitary), hydrologist, geologist, or soil scientist
to determine more accurately the boundaries of the district with respect
to individual parcels of land, and may charge the owner(s) for all
or part of the cost of the investigation.
9.3.6.
Permitted Uses. The following uses are permitted within the
Groundwater Protection District, provided that all necessary permits,
orders, or approvals required by local, state, or federal law are
also obtained:
1.
Conservation of soil, water, plants, and wildlife.
2.
Outdoor recreation, nature study, boating, fishing, and hunting
where otherwise legally permitted.
3.
Foot, bicycle and/or horse paths, and bridges.
4.
Normal operation and maintenance of existing water bodies and
dams, splash boards, and other water control and conservation devices.
8.
Construction, maintenance, repair, and enlargement of drinking
water supply related facilities such as, but not limited to, wells,
pipelines, aqueducts, and tunnels. Underground storage tanks related
to these activities are not categorically permitted.
9.3.7.
Prohibited Uses. The following uses are specifically prohibited
within the Groundwater Protection District, as are all other uses
not allowed by this section as of right or by special permit:
1.
Landfills and open dumps as defined in 310 CMR 19.006.
2.
Storage of liquid petroleum products, except the following:
a.
Normal household use, outdoor maintenance, and heating of a
structure;
b.
Waste oil retention facilities required by statute, rule, or
regulation;
c.
Emergency generators required by statute, rule, or regulation;
d.
Treatment works approved under 314 CMR 5.00 for treatment of
ground or surface waters, provided that storage of the petroleum product
required for the uses listed under Section 9.3.7, Subsection 2.a through
c above, is in a free-standing container, above ground with secondary
containment adequate to contain a spill equal to the capacity of the
container plus 10%. The secondary containment must be covered and
satisfactorily protected against intrusion by the elements.
3.
Land filling of sludge and septage as defined in 310 CMR 32.05.
4.
Storage of sludge and septage, unless such storage is in compliance
with 310 CMR 32.30 and 310 CMR 32.31.
5.
Individual sewage disposal systems that are designed in accordance
with 310 CMR 15.00 to receive more than 110 gallons of sewage per
quarter acre under one ownership per day, or 440 gallons of sewage
on any one acre under one ownership per day, whichever is greater,
except the replacement or repair of an existing system that will not
result in an increase in design capacity above the original design.
6.
Storage of deicing chemicals, including loading areas, is within
a structure designed to prevent the generation and escape of contaminated
runoff or leachate.
7.
Storage of animal manure unless covered or contained.
8.
Earth removal, consisting of the removal of soil, sand, gravel,
or any other earth material (including mining activities) within 10
feet of historical high groundwater as determined from monitoring
wells and historical water table fluctuation data compiled by the
United States Geological Survey, except for excavations for building
foundations, roads, or utility works.
9.
Facilities that generate, treat, store, or dispose of hazardous
waste subject to MGL c. 21C and 310 CMR 30.000, except the following:
10.
Automobile graveyards and junkyards, as defined in MGL c. 140B,
§ 1.
11.
Treatment works that are subject to 314 CMR 5.00 including privately
owned sewage treatment facilities, except the following:
a.
The replacement or repair of an existing treatment works that
will not result in a design capacity greater than the design capacity
of the existing treatment works.
b.
The replacement of existing subsurface sewage disposal systems
with wastewater treatment works that will not result in a design capacity
greater than the design capacity of the existing system(s).
c.
Treatment works approved by the Massachusetts Department of
Environmental Protection designed for the treatment of contaminated
groundwater.
12.
Storage of liquid hazardous materials, as defined in MGL c.
21E, unless in a free-standing container, above ground, with secondary
containment adequate to contain a spill equal to the capacity of the
container plus 10%. The secondary containment must be covered and
satisfactorily protected against intrusion by the elements.
13.
Industrial and commercial uses which discharge process wastewater
on-site.
14.
Stocking and disposal of snow and ice containing deicing chemicals
if brought in from outside the district.
15.
Storage of commercial fertilizer and soil conditioners, as defined
in MGL c. 128, § 64, unless such storage is within a structure
designated to prevent the generation and escape of contaminated runoff
or leachate.
16.
The use of septic system cleaners which contain toxic or hazardous
chemicals.
9.3.8.
Uses and Activities Requiring a Special Permit. The following
uses and activities are permitted only upon the issuance of a special
permit under such conditions as the special permit granting authority
may require:
1.
Those activities that involve the handling of toxic or hazardous
materials in quantities greater than those associated with normal
household use, permitted in the underlying zoning (except as prohibited
under "Prohibited Uses" section[6]). Such activities shall require a special permit to prevent
contamination of groundwater.
[6]
Editor's Note: See Section 9.3.7.
2.
Any use that will render impervious more than 15% or 2,500 square
feet of any lot, whichever is greater. A system for groundwater recharge
must be provided which does not degrade groundwater quality. For nonresidential
uses, recharge shall be by stormwater infiltration basins or similar
system covered with natural vegetation, and dry wells shall be used
only where other methods are infeasible. For all nonresidential uses,
all such basins and wells shall be preceded by oil, grease, and sediment
traps to facilitate removal of contamination. Any and all recharge
areas shall be permanently maintained in full working order by the
owner.
9.3.9.
Procedures for Issuance of Special Permit.
1.
The special permit granting authority under this Groundwater
Protection District shall be the Zoning Board of Appeals ("ZBA").
Such special permit shall be granted if ZBA determines, in conjunction
with the Board of Health, the Conservation Commission, Department
of Public Works, and Planning Board that the intent of the bylaw,
as well as its specific criteria, are met. The ZBA shall not grant
a special permit under this section unless the petitioner's application
materials include, in detail, definite and credible information to
support positive findings in relation to the standards given in this
section. The ZBA shall document the basis for any departures from
the recommendations of the other Town boards or agencies in its decision.
2.
Upon receipt of the special permit application, the ZBA shall,
within five working days, transmit one copy to the Planning Board,
Board of Health, the Conservation Commission, and the Department of
Public Works for their written recommendations. Failure to respond
within 35 days of receipt by the Board shall indicate approval or
no desire to comment by said agency. The necessary number of copies
of the application shall be furnished by the applicant.
3.
The ZBA may grant the required special permit only upon finding
that the proposed use meets the following standards, those specified
in the "Site Plan Approval" section of the bylaw,[7] and any regulations or guidelines adopted by the ZBA.
The proposed use must:
a.
In no way, during construction or thereafter, adversely affect
the existing or potential quality or quantity of water that is available
in the Groundwater Protection District; and
b.
Be designed to avoid substantial disturbance of the soils, topography,
drainage, vegetation, and other water related natural characteristics
of the site to be developed.
[7]
Editor's Note: See Section 10.6.
4.
The ZBA may adopt regulations to govern design features of the
projects. Such regulations shall be consistent with subdivision regulations
adopted by the Town.
5.
The ZBA shall hold a hearing, in conformity with the provisions
of MGL c. 40A, § 9, within 65 days after filing of application.
6.
The Town Clerk shall forward copies of all filings received
from the ZBA forthwith to the Planning Board, Conservation Commission,
and the Board of Health.
9.3.10.
Site Plan. The applicant shall file six copies of the site plan
and attachments. The site plan shall be drawn at a proper scale as
determined by the ZBA and be stamped by a professional engineer. All
additional submittals shall be prepared by qualified professionals.
The site plan and its attachments shall at a minimum include the following
information where pertinent:
1.
A complete list of chemicals, pesticides, herbicides, fertilizers,
fuels, and other potentially hazardous materials to be used or stored
on the premises in quantities greater than those associated with normal
household use; or
2.
Those activities using or storing such hazardous materials.
A hazardous materials management plan shall be prepared and filed
with the Hazardous Materials Coordinator, Fire Chief, and Board of
Health. The plan shall include:
a.
Provisions to protect against the discharge of hazardous materials
or wastes to environment due to spillage, accidental damage, corrosion,
leakage, or vandalism, including spill containment and clean up procedures.
b.
Provisions for indoor, secured storage of hazardous materials
and wastes with impervious floor surfaces.
c.
Evidence of compliance with the regulations of the Massachusetts
Hazardous Waste Management Act, 310 CMR 30.000, including obtaining
an EPA identification number from the Massachusetts Department of
Environmental Protection.
d.
Proposed down-gradient location(s) for groundwater monitoring
wells, should the ZBA deem the activity a potential groundwater threat.
9.3.11.
Violations. Written notice of any violations of this section
shall be given by the Building Inspector to the responsible person
as soon as possible after detection of a violation or a continuing
violation. Notice to the assessed owner of the property shall be deemed
notice to the responsible person. Such notice shall specify the requirement
or restriction violated and the nature of the violation, and may also
identify the actions necessary to remove or remedy the violations
and preventive measures required for avoiding future violations and
schedule of compliance. A copy of such notice shall be submitted to
the Building Inspector, the Board of Health, Conservation Commission,
Department of Public Works, and the Lynnfield Center Water District
or its successor. The cost of containment, clean-up, or other action
of compliance shall be borne by the owner and operator of the premises.
For situations that require remedial action to prevent adverse impact
to the water resources within the Groundwater Protection District,
the Town of Lynnfield, the Building Inspector, the Board of Health,
or any of their agents may order the owner or operator of the premises
to remedy the violation. If said owner and/or operator does not comply
with said order, the Town of Lynnfield, the Board of Health, or any
of their agents, if authorized to enter upon such premises under the
terms of the special permit or otherwise, may act to remedy the violation.
The remediation cost shall be the responsibility of the owner and
operator of the premises.
9.5.1.
Purposes. The purposes of the PVDD are:
1.
To implement the objectives of the Lynnfield Master Plan (2002),
which identified the area within the PVDD for mixed-use development.
2.
To promote mixed-use and economic development in a form that
is safe, pedestrian friendly and meets the objectives of "smart growth"
pursuant to Massachusetts General Laws Chapter 40R.
3.
To preserve significant open space for recreational use as identified
in the Lynnfield Master Plan (2002).
4.
To ensure high quality site planning, architecture and landscape
design that enhances the distinct visual character and identity of
Lynnfield and provides an environment with safety, convenience and
appropriate amenities.
5.
To provide for a diversified housing stock within Lynnfield,
including affordable housing and housing types that meet the needs
of the Town's population, all as identified in the Lynnfield Master
Plan (2002) and the Lynnfield Affordable Housing Plan (2006).
6.
To generate positive tax revenue, and to benefit from the financial
incentives provided by Massachusetts General Laws Chapter 40R, while
providing the opportunity for new business growth and additional local
jobs.
9.5.2.
Authority and Applicability. The PVDD is established pursuant
to the authority of Massachusetts General Laws Chapter 40R and 760
CMR 59.00. At the option of the applicant, development of land within
the PVDD may be undertaken by means of a site plan approval pursuant
to the zoning controls set forth in this Section 9.5, or by complying
with all applicable underlying zoning controls set forth in the Zoning
Bylaw of the Town of Lynnfield. Notwithstanding anything to the contrary
in the Zoning Bylaw, development projects proceeding under this Section
9.5 shall be governed solely by the provisions of this Section 9.5
and the standards and/or procedures of the underlying zoning shall
not apply. Development projects proposed pursuant to this Section
9.5 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.
9.5.3.
Establishment and Delineation of PVDD and Sub-Districts. The
PVDD is an overlay district that is superimposed over the underlying
zoning district. Within the PVDD, there are two sub-districts identified
as (1) Multi-Family Residential Sub-District, and (2) the Traditional
Neighborhood Village Sub-District. The boundaries of the PVDD and
the sub-districts are delineated as the "Planned Village Development
District 'PVDD' and Sub-Districts" on the Zoning District Map of the
Town of Lynnfield on file in the office of the Town Clerk, said map
hereby made a part of the Zoning Bylaw.
9.5.4.
ADMINISTERING AGENCY
AFFORDABLE HOMEOWNERSHIP UNIT
AFFORDABLE HOUSING RESTRICTION
AFFORDABLE RENTAL UNIT
AFFORDABLE UNIT
APPLICANT
APPLICATION
APPROVING AUTHORITY
AS-OF-RIGHT DEVELOPMENT
BASEMENT
CINEMA
CONSERVATION USE
DEPARTMENT
DESIGN STANDARDS
DEVELOPABLE LAND
DEVELOPMENT LOT
DEVELOPMENT PROJECT
DWELLING UNIT
FAMILY
GROSS FLOOR AREA
GROSS LEASABLE FLOOR AREA
HEIGHT
HOUSEHOLD INCOME, MEDIAN
INFRASTRUCTURE LETTERS
LOT
OFFICE
PLANNED VILLAGE DEVELOPMENT DISTRICT
RECREATIONAL ACCESSORY USE
RECREATIONAL USE
RESTAURANT
RETAIL USE
SHARED PARKING FACILITIES
SITE PLAN
SITE PLAN APPROVAL
SITE PLAN REVIEW
SUB-DISTRICT
UNDERLYING ZONING
UNDULY RESTRICT
UNRESTRICTED UNIT
USE, ACCESSORY
USE, PRINCIPAL
Definitions. As used in this Section 9.5, the following terms
shall have the meanings set forth below:
An organization designated by the Lynnfield Board of Selectmen,
which may be the Lynnfield Housing Authority or other qualified housing
entity, with the power to monitor and to enforce compliance with the
provisions of this bylaw related to affordable units, including but
not limited to computation of rental and sales prices; income eligibility
of households applying for affordable units; administration of an
approved housing marketing and resident selection plan; and recording
and enforcement of an affordable housing restriction for each affordable
unit in the PVDD.
A dwelling unit required to be sold to an eligible household
in accordance with the requirements of Section 9.5.11 of this bylaw.
A deed restriction of an affordable homeownership unit meeting
statutory requirements in MGL c. 184, § 31, and the requirements
of Section 9.5.11 of this bylaw.
A dwelling unit required to be rented to an eligible household
in accordance with the requirements of Section 9.5.11 of this bylaw.
An affordable rental unit or an affordable homeownership
unit that is affordable to and occupied by an eligible household.
A landowner or other petitioner who files a site plan for
a development project subject to the provisions of this bylaw.
A petition for site plan approval filed with the approving
authority by an applicant and inclusive of all required documentation
as specified in administrative rules adopted pursuant to Section 9.5.12.
The Planning Board of the Town of Lynnfield acting as the
authority designated to review projects and issue approvals under
this Section 9.5.
A development project allowable under this Section 9.5 without
recourse to a special permit, variance, zoning amendment, or other
form of zoning relief. A development project that is subject to the
site plan review requirement of this Section 9.5 shall be considered
an as-of-right development.
The lowest floor level of a building which is either fully
or partially below grade, whether or not fully enclosed.
A theater designed and constructed for the primary intended
purpose of showing films or movies for a fee.
Any woodland, grassland, wetland, agricultural or horticultural
use of land; any use of land for the construction and use of ponds
or stormwater management facilities.
The Massachusetts Department of Housing and Community Development
(DHCD) or any successor agency.
The document entitled Lynnfield 40R Planned Village Development
District Design Standards, as amended, approved by DHCD on April 19,
2007, pursuant to MGL c. 40R, § 10. The design standards
are applicable to all development projects within the PVDD that are
subject to site plan review by the approving authority.
All land within the PVDD that can be feasibly developed into
development projects. Developable land shall not include: the rights-of-way
of existing public streets and ways; or areas that are: (1) protected
wetland resources (including buffer zones) under federal, state, or
local laws; (2) land located within the FP Flood Plain Zoning District
in the Town of Lynnfield and subject to seasonal or periodic flooding;
or (3) rare species habitats designated under federal or state law.
The foregoing definition shall be for purposes of calculating density
under Section 9.5.7.2 and shall not limit development activities in
such excluded areas if otherwise allowed by applicable law.
One or more lots which are designated as a development lot
on a site plan for a development proposed within the PVDD and for
which site plan approval is required under the provisions of this
Section 9.5. The lots comprising a development lot need not be in
the same ownership. Where the development lot consists of more than
a single lot, the lots, in combination, shall be treated as the development
lot, may be contiguous or noncontiguous and shall be considered as
one lot for the purpose of calculating parking requirements and dwelling
units per acre. Any development undertaken on a development lot is
subject to the design standards established under Section 9.5.9 of
this bylaw.
A residential or commercial development undertaken under
this Section 9.5. A development project shall be identified on the
site plan which is submitted to the approving authority for site plan
review.
One or more rooms with cooking, living, sanitary and sleeping
facilities arranged for the use of one or more persons living together
as a single housekeeping unit. The following types of dwelling units
are specifically defined:
|
MULTIFAMILY DWELLING UNITS — A residential building containing
four or more dwelling units designed for occupancy by the same number
of families as the number of dwelling units; and
|
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TWO-THREE FAMILY UNITS — A residential building containing
two or three dwelling units and where the individual dwelling units
are not located on separate lots.
|
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ELIGIBLE HOUSEHOLD — An individual or household whose
annual income is at or below 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.
|
Any number of persons living and cooking together on the
premises as a single housekeeping unit, as distinguished from a group
occupying a boarding house, lodging house, or hotel.
The floor area of space on all floors inclusive of heated
basements, hallways, mechanical rooms, storage space and other miscellaneous
space not exclusively occupied by a single tenant or occupant, measured
from the exterior faces of exterior walls. Gross floor area does not
include covered walkways, open roofed-over areas, porches, exterior
terraces or steps, chimneys, roof overhangs, parking garages and unheated
basements.
The area of a building exclusive of hallways, mechanical
rooms, storage space and other miscellaneous space not exclusively
occupied by a single tenant or occupant.
The distance between average finished grade adjacent to the
building (exclusive of basements) and the ceiling of the upper-most
heated space in the building in the case of flat roofs and, in the
case of buildings with pitched roofs, at the point at which such ceiling
intersects with the exterior portion of the building. The calculation
of building height shall not apply to roof tanks and their supports,
roof decks, ventilating, air conditioning and similar building service
equipment, chimneys, railings, skylights and other similar features
of buildings which are in no way designed or used for living purposes,
nor the portion of the pitched roof above the intersection of the
ceiling of the upper-most heated space and the exterior of the building.
The median income, adjusted for household size, as reported
by the most recent information from, or calculated from regulations
promulgated by, the United States Department of Housing and Urban
Development (HUD).
The letters issued on behalf of the Town in fulfillment of
MGL c. 40R, § 6(a)(11), and 760 CMR 59.04(1)(h) identifying
infrastructure improvements to be made incident to the construction
of one or more development projects in the Planned Village Development
District.
A single tract of land held in common ownership throughout
and defined by metes, bounds or lot lines in a deed or conveyance
on a duly recorded plan.
A place for the regular performance of business transactions
and services, generally intended for administrative, professional
and clerical activities, including a medical or dental office or health
clinic.
An overlay zoning district adopted pursuant to Massachusetts
General Laws Chapter 40R, in accordance with the procedures for zoning
adoption and amendment as set forth in Massachusetts General Laws
Chapter 40A and approved by the Department of Housing and Community
Development pursuant to Massachusetts General Laws Chapter 40R and
760 CMR 59.00.
A use subordinate to a principal residential use on the same
lot or in the same structure and serving a purpose customarily incidental
to the principal residential use, and which does not, in effect, constitute
conversion of the principal use of the lot, site or structure to a
use not otherwise permitted in the PVDD. Recreational accessory uses
may include, but are not limited to, greenhouse, tool shed, clubhouse,
swimming pool, tennis court, basketball court, and playground.
The principal use or intended principal use of land or structures
for relaxation, entertainment, amusement, sports, or the like, whether
on a fee or nonfee basis, but not including a cinema.
Any business establishment principally engaged in serving
food, drink, or refreshments, whether prepared on or off the premises;
provided, however, that drive through windows are not allowed.
Business establishments selling goods and/or services to
customers on-site, generally for end use personal, business or household
consumption. A reasonable amount of storage of said goods shall also
be assumed to be an integral part of retail use.
Parking facilities designed and intended to serve more than
a single use as shown on a site plan.
A plan depicting a proposed development project for all or
a portion of the PVDD and which is submitted to the approving authority
for its review and approval in accordance with the provisions of Section
9.5.12 of this bylaw.
The approving authority's authorization for a proposed development
project based on a finding of compliance with this Section 9.5 of
the bylaw and design standards after the conduct of a site plan review.
The review procedure established by this Section 9.5 and
administered by the Planning Board of the Town of Lynnfield as the
approving authority.
A specific and defined area of land within the PVDD that
is subject to specific requirements for allowable uses or dimensional
requirements that may differ from the requirements for allowable uses
or dimensional requirements in other specific and defined areas within
the PVDD. The boundaries and the names of the sub-districts are referred
to in Section 9.5.3 of this bylaw.
The zoning requirements adopted pursuant to Massachusetts
General Laws Chapter 40A that are otherwise applicable to the geographic
area in which the PVDD is located, as said requirements may be amended
from time to time.
A provision of a Planned Village Development District or
a design standard adopted pursuant to Massachusetts General Laws Chapter
40R and 760 CMR 59.00 that adds unreasonable costs or unreasonably
impairs the economic feasibility of a proposed development project
in a Planned Village Development District.
A dwelling unit that is not restricted as to rent, price
or eligibility of occupants.
A use subordinate to the principal use on the same lot or
in the same structure and serving a purpose customarily incidental
to the principal use, and which does not, in effect, constitute conversion
of the principal use of the lot, site or structure to a use not otherwise
permitted in the PVDD. Except where otherwise noted, accessory uses
are permitted or prohibited in the PVDD to the same extent as if such
uses were principal uses.
The main or primary purpose for which a structure, building,
or lot is designed, arranged, licensed, or intended, or for which
it may be used, occupied, or maintained under this Section 9.5. More
than one principal use is permitted as-of-right on a lot or within
a development project.
9.5.5.
Permitted Uses.
1.
The following principal uses shall be permitted in the following
sub-districts as-of-right upon site plan approval pursuant to the
provisions of this Section 9.5:
|
Multi-Family Dwelling Unit
|
Two- and Three-Family Dwelling Units
|
Retail and Restaurant
|
Office
|
Conservation
|
Recreational Use, Principal
| |
|---|---|---|---|---|---|---|
|
Multi-Family Residential Sub-District
|
Yes
|
Yes
|
No
|
No
|
Yes
|
No
|
|
Traditional Neighborhood Village Sub-District
|
No
|
No
|
Yes
|
Yes
|
Yes
|
Yes
|
2.
Parking accessory to any of the above permitted uses, including
surface parking, parking under buildings, and above and below grade
structured parking, subject to the dimensional requirements of this
Section 9.5.
3.
In addition to the foregoing principal uses, recreational accessory
uses shall be permitted as accessory to the residential uses within
the Multi-Family Residential Sub-District.
9.5.6.
Prohibited Uses or Activities in the PVDD. All uses not expressly
allowed are prohibited. The following uses are expressly prohibited:
1.
Landfills, open dumps, or the disposal of solid wastes, other
than brush or stumps.
2.
Storage of liquid petroleum products, except for the following:
a.
Normal household use, outdoor maintenance and heating of a structure;
b.
Waste oil retention facilities required by statute, rule or
regulation;
c.
Emergency generators; fuel (including ultra low sulfur diesel
fuel) stored where feasible;
d.
Treatment works approved under 314 CMR 5.00 for treatment of
ground or surface waters; provided that storage listed in Section
9.5.6, Subsection 2.a through c above is in free-standing containers
within buildings or above ground with secondary containment adequate
to contain a spill the size of the container's total storage capacity;
and
e.
Sales to consumers in enclosed containers.
3.
The construction or operation of a commercial, industrial or
business property that involves in any way the burning or use of diesel
fuel or involves the regular use and operation of vehicles using or
burning diesel fuel ("diesel burning site").
4.
The disposal of liquid or leachable wastes, except for normal
sanitary wastes for allowed uses and a wastewater treatment plant
approved under applicable law.
5.
The land filling or storage of sludge or septage, except where
storage of sludge or septage is incidental to an allowed use, in which
case sludge or septage must be contained in water-tight containers
at least four feet above the historical high groundwater table elevation.
6.
The use of septic system cleaners which contain toxic organic
chemicals.
7.
Commercial or industrial uses which discharge process wastewater
on-site which contains contaminants other than normal organic wastes.
8.
The mining of land except as incidental to an allowed use.
9.
Facilities that generate, treat, store or dispose of hazardous
waste subject to MGL c. 21C and 310 CMR 30.000, except the following:
10.
Storage of liquid hazardous materials as defined in MGL c. 21E
unless in a free-standing container within a building or above ground
with secondary containment adequate to contain a spill the size of
the container's total storage capacity.
11.
Automotive service and repair shops, automobile graveyards,
junk and salvage yards; small engine repair, repair of boats.
12.
The storage of animal manure, unless such storage is covered
or contained.
13.
The storage of commercial fertilizers, soil conditioners, herbicides,
or pesticides unless such storage is within a structure designed to
prevent the generation and escape of contaminated runoff or leachate.
14.
Cinema.
9.5.7.
Dimensional and Other Requirements.
1.
Buildings and development lots within the PVDD shall be subject
to the dimensional and other requirements set forth in this Section
9.5.7.
2.
Density. Subject to the limit on maximum residential development
in Section 9.5.7.8 below, residential uses shall be permitted as-of-right
at the following densities:
3.
Minimum area and setbacks. There shall be no minimum lot area
or setback requirements within the PVDD except for the residential
buffer described herein.
4.
Height.
a.
In the Multi-Family Residential Sub-District, the maximum height
for a development project shall be four stories or 50 feet, whichever
is taller.
b.
In the Traditional Neighborhood Village Sub-District, the maximum
height of a one-story building shall be 30 feet. The maximum height
of a two-story building shall be 45 feet, provided further that an
architectural feature of a building located at a corner or at the
end of a streetscape may be permitted up to 60 feet in height at locations
designated in the design standards provided that the portion of the
architectural feature above 45 feet is not occupied.
5.
Buffer from Adjacent Existing Residential Development. Within
the Traditional Neighborhood Village Sub-District, the overall site
design shall incorporate a residential buffer of 200 feet in width
along the easterly boundary of the PVDD, measured from the westerly
sideline of the Walnut Street right-of-way or from the westerly property
line of adjacent residential lots situated outside the PVDD in existence
on the date of adoption of this Section 9.5, whichever is further
west. No vertical construction or pavement shall be allowed within
the residential buffer, provided that the following activities shall
be permitted within the residential buffer: pedestrian paths and sidewalks
provided said paths and sidewalks are limited to a single pedestrian
access point to the district through a point of intersection with
Walnut Street within 50 linear feet of the primary vehicular access
drive; a single vehicular access point to the district through a point
of intersection with Walnut Street; cart paths to serve adjacent recreational
uses; such emergency access and egress as may be required by the Town
of Lynnfield; drainage facilities; utilities and related easements
but not including a wastewater treatment facility; landscaping and
plantings; and signage and lighting approved by the approving authority
pursuant to this Section 9.5.
6.
Nonfrontage Development. In the PVDD and on parcels that are
contiguous to the PVDD, a lot lacking frontage may be developed and
used without regard to the lack of frontage, provided that the nonfrontage
development has permanent access to a private or public way that is
located within the PVDD through easements recorded with the Southern
Essex District Registry of Deeds and appropriate provisions are made
for parking, drainage and utilities. The development and use of such
nonfrontage development located entirely within the PVDD shall be
consistent with the requirements of this Section 9.5. Such nonfrontage
development may be subdivided and sold or transferred, provided that
each lot so subdivided retains or is granted such cross access, drainage
and utility easements to serve such nonfrontage development. Should
such transfer occur after an approval hereunder, in addition to the
easements referenced above, the transferee shall demonstrate to the
approving authority that the nonfrontage development shall remain
in compliance with any conditions of site plan approval and, for parcels
that are contiguous to the PVDD, with applicable zoning requirements.
7.
Number of Buildings on a Lot. In the PVDD, more than one principal
building may be erected on a lot.
8.
Maximum Residential Development. The aggregate number of dwelling
units that may be permitted pursuant to this Section 9.5 shall be
180. All dwelling units permitted and constructed pursuant to this
Section 9.5 shall be located within the Multi-Family Residential Sub-District.
9.
Total Allowable Nonresidential Uses. The total nonresidential
uses within the PVDD, including retail, restaurant, office, and recreational
uses, but excluding the 55,000 square feet of gross leasable floor
area of the fitness facility in existence on the date of adoption
of this Section 9.5, shall not exceed a total of 475,000 square feet
of gross leasable floor area; provided, however, that this total shall
include 50,000 square feet of gross leasable floor area that is located
solely on the second floor of a building; and provided further that,
for retail portions of a development project, the difference between
gross leasable floor area and the gross floor area of all retail spaces
shall not exceed 5%. Nothing in this section shall limit the right
of the applicant to propose that greater than 50,000 square feet of
gross leasable floor area be located on the second floor of a building,
subject to compliance with the dimensional standards in this Section
9.5.7.
10.
Projects within the Traditional Neighborhood Village Sub-District
shall have a mix of retail uses and sizes of stores in order to create
a vibrant and economically strong retail environment. Retail uses
shall be restricted as follows:
a.
No more than one retail unit may be greater than 80,000 square
feet of gross leasable floor area provided that such use shall not
be greater than 25% of the total allowable nonresidential uses set
forth in Section 9.5.7.9 above, and provided further that the total
area of the building shall be divided between two floors such that
the total gross leasable floor area of the first floor of the building
shall not exceed 80,000 square feet.
b.
In addition to the allowable retail unit referenced in Section
9.5.7, Subsection 10.a, above, no more than two retail units may be
greater than 50,000 square feet of gross leasable floor area, provided
that each such retail unit shall be less than 80,000 square feet of
gross leasable floor area.
c.
At least 25% of the total permitted retail building area of
the project shall be composed of retail units of 12,500 square feet
of gross leasable floor area or less.
11.
Structured Parking. Structured parking allowable pursuant to
Section 9.5.5, Subsection 2, shall be governed by this Section 9.5
and by design standards as adopted pursuant Section 9.5.9, and subject
to the following limitations:
a.
Structured parking in the Traditional Neighborhood Village Sub-District
shall not exceed 45 feet in height and shall be approved as to capacity
and location by the approving authority.
b.
Structured parking in the Multi-Family Residential Sub-District
shall only be permitted if located exclusively within a ground level
or a sub-grade level of a residential development project, and provided
further that said structured parking shall not result in a maximum
building height in excess of the maximum allowable height in this
Section 9.5.7.
9.5.8.
Parking.
1.
Parking shall be provided in order to meet or exceed the following
minimum requirements:
|
Table 9.5.8-1
| |
|---|---|
|
Use
|
Minimum Required Parking
|
|
Retail
|
1 space per 250 square feet of gross leasable floor area
|
|
Office
|
1 space per 333 square feet of gross leasable floor area
|
|
Medical or Dental Office or Clinic
|
3 spaces for each individual office or suite, plus 3 spaces
for each additional doctor or dentist within a single office or suite
|
|
Restaurant or Recreational
|
1 space per 200 square feet of gross leasable floor area
|
|
Residential Use
|
1.5 spaces per dwelling unit
|
|
When application of the requirements set forth above results
in a number that includes a fraction, the fraction shall be rounded
up to the next whole number.
|
2.
Reduction in Parking Requirements. Notwithstanding anything
to the contrary herein, any minimum required amount of parking may
be reduced by the approving authority through the site 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 public or commercial parking facilities
in the vicinity of the use being served;
b.
For uses in the Traditional Neighborhood Village Sub-District
only, shared use of parking spaces serving other uses having peak
user demands at different times;
c.
Age or other occupancy restrictions which are likely to result
in a lower level of auto usage;
d.
Such other factors, including the availability of valet parking,
as may be considered by the approving authority. Where such reduction
is authorized, the approving authority may impose conditions of use
or occupancy appropriate to such reductions.
9.5.9.
Design Standards. To ensure that new development shall be of
high quality, and shall meet the standards envisioned by the Town
of Lynnfield in adopting this bylaw, the Planning Board shall adopt
the design standards governing the issuance of site plan approvals
for development projects within the PVDD and shall file a copy with
the Town Clerk. In addition to the standards set forth in this bylaw,
the physical character of development projects within the PVDD shall
comply with such design standards. In the event of any conflict between
this bylaw and the design standards, this bylaw shall govern and prevail.
9.5.10.
Transportation Network.
1.
Design and Location. The overall site design shall include a
cohesive transportation network providing for vehicular and pedestrian
circulation to and within the PVDD. Design and construction shall
incorporate sound engineering and construction standards including
adequate provisions for drainage.
2.
Ownership and Maintenance. The plans and documentation submitted
to the approving authority shall include a description of proposed
private ownership and maintenance of all traveled ways, including
vehicular ways and sidewalks, and all proposed public spaces or facilities.
As a condition of site plan approval, the approving authority may
require provision of an operations and maintenance plan for traveled
ways and drainage facilities associated with the traveled ways. If
applicable, a homeowners' association, a condominium association or
a business association may be established to ensure that all traveled
ways and associated drainage facilities shall be properly maintained
by a private party, and that the Town of Lynnfield shall incur no
expense related to such operations and maintenance.
3.
Plans. The plans and any necessary supporting documents submitted
with an application for site plan approval within the PVDD shall show
the general location, size, character, and general area of traveled
ways and public spaces or facilities.
9.5.11.
Affordable Housing.
1.
Number of Affordable Units. Twenty percent of all dwelling units
constructed in a development project shall be maintained as affordable
units. Twenty-five percent of all rental dwelling units in a development
project shall be affordable units. In development projects in which
all of the dwelling units are limited to occupancy by elderly persons
and/or by persons with disabilities, 25% of the dwelling units shall
be affordable units, whether the dwelling units are rental or ownership
units.
2.
Fractional Units. When the application of the percentages specified
above results in a number that includes a fraction, the fraction shall
be rounded up to the next whole number.
3.
Affordable units shall comply with the following requirements:
a.
The monthly rent payment for an affordable rental unit, 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;
b.
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; and
c.
Affordable units required to be offered for rent or sale shall
be rented or sold to and occupied only by eligible households.
4.
Design and Construction.
a.
Design. Affordable units must be dispersed throughout a development
project and be comparable in initial construction quality and exterior
design to the unrestricted units. However, nothing in this section
is intended to limit a homebuyer's rights to renovate a dwelling unit
under applicable law. The affordable units must have access to all
on-site amenities. Affordable units shall be finished housing units;
and
b.
Timing. All affordable units must be constructed and occupied
not later than concurrently with construction and occupancy of unrestricted
units and, for development projects that are constructed in phases,
affordable units must be constructed and occupied in proportion to
the number of units in each phase of the development project.
5.
Unit Mix. The total number of bedrooms in the affordable units
shall, insofar as practicable, be in the same proportion to the total
number of bedrooms in the unrestricted units.
6.
Affordable Housing Restriction. Each affordable unit shall be
subject to an affordable housing restriction which is recorded with
the Southern Essex District Registry of Deeds or the Southern Essex
Registry District of the Land Court. The affordable housing restriction
shall provide for the implementation of the requirements of this Section
9.5. All affordable housing restrictions must include, at minimum,
the following:
a.
A description of the development project, including whether
the affordable unit will be rented or owner-occupied;
b.
A description of the affordable homeownership unit, if any,
by address and number of bedrooms; and a description of the overall
quantity and number of bedrooms and number of bedroom types of affordable
rental units in a project or portion of a project which are rental.
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 without
specific unit identification.
c.
The term of the affordable housing restriction shall be the
longest period customarily allowed by law but shall be no less than
30 years.
d.
The name and address of an administering agency with a designation
of its power to monitor and enforce the affordable housing restriction;
e.
Reference to a housing marketing and resident selection plan,
to which the affordable unit is subject, and which includes an affirmative
fair housing marketing program, including public notice and a fair
resident selection process. The housing marketing and selection plan
shall provide for local preferences in resident selection to the maximum
extent permitted under applicable law. The plan shall designate the
household size appropriate for a unit with respect to bedroom size
and provide that preference for such unit shall be given to a household
of the appropriate size;
f.
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;
g.
Reference to the formula pursuant to which rent of a rental
unit or the maximum resale price of a homeownership unit will be set;
h.
A requirement that only an eligible household may reside in
an affordable unit and that notice of any lease or sublease of any
affordable unit to another eligible household shall be given to the
administering agency;
i.
Provision for effective monitoring and enforcement of the terms
and provisions of the affordable housing restriction by the administering
agency;
j.
Provision that the restriction on an affordable homeownership
unit shall run in favor of the administering agency and the Town of
Lynnfield, in a form approved by Municipal Counsel, and shall limit
initial sale and resale to and occupancy by an eligible household;
k.
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 administering agency and/or the municipality, in a form approved
by Municipal Counsel, and shall limit rental and occupancy to an eligible
household;
l.
Provision that the owner(s) or manager(s) of affordable rental
units shall file an annual report to the administering agency, in
a form specified by that agency, certifying compliance with the provisions
of this bylaw and containing such other information as may be reasonably
requested in order to ensure affordability;
m.
A requirement that residents in affordable units provide such
information as the administering agency may reasonably request in
order to ensure affordability; and
n.
Designation of the priority of the affordable housing restriction
over other mortgages and restrictions.
7.
Administration.
a.
Administering Agency. An administering
agency for affordable units, which may be the Lynnfield Housing Authority
or other qualified housing entity, shall be designated by the Lynnfield
Board of Selectmen and shall ensure the following:
i.
Prices of affordable homeownership units are properly
computed; rental amounts of affordable rental units are properly computed;
ii.
Income eligibility of households applying for affordable
units is properly and reliably determined;
iii.
The housing marketing and resident selection plan
conforms to all requirements and is properly administered;
iv.
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
v.
Affordable housing restrictions meeting the requirements
of this section are recorded with the Southern Essex District Registry
of Deeds or the Southern Essex Registry District of the Land Court.
b.
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 administering agency to develop, advertise,
and maintain the list of eligible households and to monitor and enforce
compliance with affordability requirements.
c.
Failure of the Administering Agency. In the case where the administering
agency cannot adequately carry out its administrative duties, upon
certification of this fact by the Board of Selectmen or by the Department
of Housing and Community Development, the administrative duties shall
devolve to and thereafter be administered by a qualified housing entity
designated by the Board of Selectmen or, in the absence of such designation,
by an entity designated by the Department of Housing and Community
Development.
9.5.12.
Site Plan Review. The Planning Board shall be the Approving
Authority for Site Plan Approvals in the PVDD, and shall adopt and
file with the Town Clerk administrative rules relative to the application
requirements and contents for site plan review. Such administrative
rules and any amendment thereto must be approved by the Department
of Housing and Community Development. The site plan review process
encompasses the following:
1.
Pre-application Review. The applicant is encouraged to participate
in a pre-application review at a regular meeting of the Planning Board.
The purpose of the pre-application review is to minimize the applicant's
cost of engineering and other technical experts, and to obtain the
advice and direction of the Planning Board prior to filing the application.
At the pre-application review, the applicant shall outline the proposal
and seek preliminary feedback from the Planning Board, other municipal
review entities, and members of the public. The applicant is also
encouraged to request a site visit by the Planning Board and/or its
designee in order to facilitate pre-application review.
2.
Application Procedures.
a.
The applicant shall file an original
of the application with the Town Clerk for certification of the date
and time of filing. Said filing shall include any required forms provided
by the Planning Board. A copy of the application, including the date
and time of filing certified by the Town Clerk, as well as the required
number of copies of the application, shall be filed forthwith by the
applicant with the Planning Board and Building Inspector. As part
of any application for site plan approval for a development project,
the applicant must submit the following documents to the approving
authority and the administering agency:
i.
Evidence that the development project complies with
the cost and eligibility requirements of Section 9.5.11;
ii.
Development project plans that demonstrate compliance
with the design and construction standards of Section 9.5.11; and
iii.
A form of affordable housing restriction that
satisfies the requirements of Section 9.5.11;
b.
Review Fees. The applicant shall be required to pay for reasonable
consulting fees to provide peer review of the application for the
benefit of the Planning Board. Such fees shall be held by the Town
of Lynnfield in an interest-bearing escrow account, and shall be used
only for expenses associated with the use of outside consultants employed
by the Planning Board in reviewing the site plan application. Any
surplus funds remaining after the completion of such review, including
any interest accrued, shall be returned to the applicant forthwith;
c.
Upon receipt by the Planning Board, applications shall be distributed
to the Building Inspector, Fire Chief, Police Chief, Board of Health,
Conservation Commission, the Board of Selectmen and the Department
of Public Works. Any reports from these parties shall be submitted
to the Planning Board within 60 days of filing of the application;
and
d.
Within 30 days of filing of an application with the Planning
Board, the Planning Board or its designee shall evaluate the proposal
with regard to its completeness and shall submit an advisory report
in writing to the applicant certifying the completeness of the application.
The Planning Board or its designee shall forward to the applicant,
with its report, copies of all recommendations received to date from
other boards, commissions or departments.
3.
Public Hearing. The Planning Board shall hold a public hearing
and review all applications according to the procedure specified in
MGL c. 40R, § 11, and 760 CMR 59.04(1)(f).
4.
Site Plan Approval Decision.
a.
The Planning Board shall make a decision on the site plan application,
and shall file said decision with the Town Clerk, within 120 days
of the date the application was received by the Town Clerk. The time
limit for public hearings and taking of action by the Planning Board
may be extended by written agreement between the applicant and the
Planning Board. A copy of such agreement shall be filed with the Town
Clerk;
b.
Failure of the Planning Board to take action within 120 days
or extended time, if applicable, shall be deemed to be an approval
of the application;
c.
An applicant who seeks approval because of the Planning Board's
failure to act on an application within the 120 days or extended time,
if applicable, must notify the Town Clerk in writing of such approval,
within 14 days from the expiration of said time limit for a decision,
and that a copy of that notice has been sent by the applicant to the
parties in interest by mail and that each such notice specifies that
appeals, if any, shall be made pursuant to Massachusetts General Laws
Chapter 40R and shall be filed within 20 days after the date the Town
Clerk received such written notice from the applicant that the Planning
Board failed to act within the time prescribed;
d.
The Planning Board's findings, including the basis of such findings,
shall be stated in a written decision of approval, conditional approval
or denial of the application for site plan approval. The written decision
shall contain the name and address of the applicant, identification
of the land affected and its ownership, and reference by date and
title to the plans that were the subject of the decision. The written
decision shall certify that a copy of the decision has been filed
with the Town Clerk and that all plans referred to in the decision
are on file with the Planning Board;
e.
The decision of the Planning Board, together with the detailed
reasons therefor, shall be filed with the Town Clerk, the Board of
Appeals and the Building Inspector. A certified copy of the decision
shall be mailed to the owner and to the applicant, if other than the
owner. A notice of the decision shall be sent to the parties in interest
and to persons who requested a notice at the public hearing; and
f.
Effective Date. If 20 days have elapsed after the decision has
been filed in the office of the Town Clerk without an appeal having
been filed or if such appeal, having been filed, is dismissed or denied,
the Town Clerk shall so certify on a copy of the decision. If the
application is approved by reason of the failure of the Planning Board
to timely act, the Town Clerk shall make such certification on a copy
of the notice of application. A copy of the decision or notice of
application shall be recorded with the title of the land in question
in the Southern Essex District Registry of Deeds, 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 responsibility and
the cost of said recording and transmittal shall be borne by the owner
of the land in question or the applicant.
5.
Criteria for Approval. The Planning Board shall approve the
development project upon the following findings:
a.
The applicant has submitted the required fees and information
as set forth in applicable regulations;
b.
The proposed development project as described in the application
meets all of the requirements and standards set forth in this Section
9.5 and applicable design standards, or a waiver has been granted
therefrom; and
c.
Any extraordinary adverse potential impacts of the development
project on nearby properties have been adequately mitigated.
For a development project subject to the affordability requirements
of Section 9.5.11, compliance with Section 9.5.12, Subsection 5.b,
above shall include written confirmation by the approving authority
that all requirements of that section have been satisfied. Prior to
the granting of plan approval for a project, the applicant must demonstrate,
to the satisfaction of the administering agency, 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 Town of Lynnfield.
6.
Criteria for Conditional Approval. The Planning Board may impose
conditions on a development project as necessary to ensure compliance
with the PVDD requirements of this Section 9.5 and applicable design
standards, or to mitigate any extraordinary adverse impacts of the
development project on nearby properties, insofar as such conditions
are compliant with the provisions of Massachusetts General Laws Chapter
40R and applicable regulations and do not unduly restrict opportunities
for development.
7.
Criteria for Denial. The Planning Board may deny an application
for site plan approval pursuant to this Section 9.5 of the bylaw only
if the Planning Board finds one or more of the following:
a.
The development project does not meet the requirements and standards
set forth in this Section 9.5 and applicable design standards;
b.
The applicant failed to submit information and fees required
by this Section 9.5 and necessary for an adequate and timely review
of the design of the development project or potential development
project impacts; or
c.
It is not possible to adequately mitigate significant adverse
development project impacts on nearby properties by means of suitable
conditions.
8.
Time Limit. A project approval shall remain valid and shall
run with the land indefinitely provided that construction has commenced
within two years after the decision issues, which time shall be extended
by the time required to adjudicate any appeal from such approval.
Said time shall also be extended if the project proponent is actively
pursuing other required permits for the project or if there is good
cause for the failure to commence construction, or as may be provided
in an approval for a multi-phase development project.
9.
Appeals. Pursuant to MGL c. 40R, § 11, any person
aggrieved by a decision of the Planning Board may appeal to the Superior
Court, the Land Court, or other court of competent jurisdiction within
20 days after the site plan decision has been filed in the office
of the Town Clerk.
9.5.13.
Waivers. The approving authority may not waive provisions of
this bylaw. The approving authority may waive specific requirements
of applicable design standards upon a finding that such waiver will
allow the development project to achieve the density, affordability,
mix of uses, and/or physical character allowable under this Section
9.5.
9.5.14.
Project Phasing. The approving authority, as a condition of
any site plan approval, may allow a development project to be phased
for the purpose of coordinating the development project with any mitigation
required to address any extraordinary adverse development project
impacts on nearby properties and with the implementation of the infrastructure
improvements by the party designated as responsible under the infrastructure
letters.
9.5.15.
Change in Plans After Approval by Approving Authority.
1.
Minor Change. After site plan approval, an applicant may apply
to make minor changes in a development project involving minor utility
or building orientation adjustments, or minor adjustments to parking
or other site details that do not affect the overall build out 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 approving authority on redlined
prints of the approved plan, reflecting the proposed change, and on
application forms provided by the approving authority. The approving
authority may authorize such changes at any regularly scheduled meeting,
without the need to hold a public hearing. The approving authority
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 Town Clerk.
2.
Major Change. Those changes deemed by the approving authority
to constitute a major change in a development 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 approving authority
as a new application for site plan approval pursuant to this Section
9.5.
9.5.16.
Fair Housing Requirement. All development projects within the
PVDD shall comply with applicable federal, state and local fair housing
laws.
9.5.17.
Annual Update. On or before July 31 of each year, the Board
of Selectmen shall cause to be filed an annual update with the Department
of Housing and Community Development (DHCD) in a form to be prescribed
by DHCD. The annual update shall contain all information required
in 760 CMR 59.07, as may be amended from time to time, and additional
information as may be required pursuant to Massachusetts General Laws
Chapter 40S and accompanying regulations. The Town Clerk of the Town
of Lynnfield shall maintain a copy of all updates transmitted to DHCD
pursuant to this bylaw, with said copies to be made available upon
request for public review.
9.5.18.
Notification of Issuance of Building Permits. Upon issuance
of a residential building permit within the PVDD, the Building Inspector
of the Town of Lynnfield shall cause to be filed an application to
the Department of Housing and Community Development (DHCD), in a form
to be prescribed by DHCD, for authorization of payment of a one-time
density bonus payment for each residential building permit pursuant
to Massachusetts General Laws Chapter 40R. The application shall contain
all information required in 760 CMR 59.06(2), as may be amended from
time to time, and additional information as may be required pursuant
to Massachusetts General Laws Chapter 40S and accompanying regulations.
The Town Clerk of the Town of Lynnfield shall maintain a copy of all
such applications transmitted to DHCD pursuant to this bylaw, with
said copies to be made available upon request for public review.
9.5.19.
Date of Effect. The effective date of this bylaw shall be the
date on which such adoption is voted upon by Town Meeting pursuant
to the requirements of MGL. c. 40A, § 5, and Massachusetts
General Laws Chapter 40R; provided, however, that an applicant may
not proceed with construction pursuant to this bylaw prior to the
receipt of final approval of this bylaw and accompanying Zoning Map
by both the Department of Housing and Community Development and the
Office of the Massachusetts Attorney General.
9.5.20.
Severability. If any provision of this Section 9.5 is found
to be invalid by a court of competent jurisdiction, the remainder
of Section 9.5 shall not be affected but shall remain in full force.
The invalidity of any provision of this Section 9.5 shall not affect
the validity of the remainder of the Zoning Bylaws of the Town of
Lynnfield.
