A.
Purpose: The purpose of the site plan review process is to protect
the health, safety, convenience and general welfare of Town residents
by providing for a review of plans for uses, buildings and structures
which may have significant impacts on traffic, municipal and public
services and utilities, environmental quality, community economics
and community values in the Town.
B.
Applicability: The site plan review and approval provisions of this
section shall apply to the following types of structures and uses:
(1)
Land subdivisions resulting in three or more lots.
(2)
New buildings and/or structures, which involve non-residential
uses or multi-family uses for three or more residential units, and
expansions or changes in use of existing buildings which are now,
or will result in 5,000 square feet of gross floor area. (Amended,
Annual Town Meeting, May 5, 2003)
(3)
The calculation of increase in floor area shall be based on
the aggregate of all new structures, improvements, alterations or
enlargements, calculated from the date of enactment of this section.
(4)
Wireless Communication Facility.
C.
Application and Review Procedure:
(1)
Basic Requirements: An application for Site Plan Review shall
be submitted to the Building Commissioner who shall calculate the
fee based upon the estimated cost and evaluate the plan for conformity
with zoning. Within 15 working days from receipt of the documents,
the Building Commissioner shall return the plans to the applicant
along with a memo stating conformity or non-conformity with the zoning
bylaw citing the non-conformities, if any, with a copy to the Planning
Board. Upon receipt of the Building Commissioner's evaluation, the
applicant may file the application and the fee with the Planning Board,
which shall begin the review process as outlined in the zoning by
law. The Town requires that no building permit be issued for those
projects for which site plan review is necessary unless the Planning
Board has approved an application. In addition, no occupancy permit
may be granted by the Building Commissioner until the Planning Board
has given its approval that the project (and any associated off-site
improvements) conform to the approved application and any conditions
imposed by the Planning Board. A temporary occupancy permit may be
granted with the approval of the Planning Board subject to conditions
for completion of work (which shall include a requirement for surety,
in an amount and form to be determined by the Planning Board). (Amended,
Annual Town Meeting, May 13, 2002)
(2)
Materials Required: An application for site plan review shall
be accompanied by:
(a)
One or more drawings prepared by qualified professionals such
as a registered engineer, architect, or landscape architect and containing:
[1]
Location and dimensions of all buildings, easements and structures,
and other construction, parking and loading areas, walkways and driveways,
internal roadways and accessways to adjacent public roadways; location
and type of all external lighting, utilities, gas, telephone, electrical,
communications, water drainage, flood zones, sewer and other waste
disposal.
[2]
Location, type, dimensions, and quantities of landscaping and
screening.
[3]
Location of all other existing natural features; including ponds,
brooks, streams, and wetlands.
[4]
Topography of the site, with two-foot contours.
(b)
A brief written narrative description of the project, highlighting
any special features of the items listed above, shown on the site
plan. At a minimum the narrative description should provide enough
information for the Planning Board to understand what site planning,
architectural, landscaping and engineering solutions are being proposed
to handle the problems of traffic, parking, internal pedestrian circulation,
provision of utilities, drainage, flooding, including the potential
impacts of future sea level rise, wastewater and solid waste disposal,
lighting and signage, environmental protection and aesthetic considerations
such as views and design compatibility with surrounding development.
(c)
A minimum of five copies of the drawing(s) and narrative shall
be submitted to the Planning Board. The Planning Board may request
additional copies as it finds necessary.
(3)
Additional Materials Required: After initially reviewing the
proposed site plan the Planning Board may require that the applicant
submit any of the following materials:
(a)
Conceptual drawings of buildings and structures to be erected,
including elevations.
(b)
A landscape plan at the same scale as the site plan, showing
the limits of work, existing trees, and all proposed landscape features
and improvements including planting areas with size and type of stock
for each shrub or tree.
(c)
A locus plan showing the entire project and its relation to
existing areas, buildings, structures and roads for a distance of
1,000 feet from the project boundaries, or such other distance as
may be approved or required by the Planning Board.
(d)
An isometric line drawing (projection) at the same scale as
the site plan, showing the entire project and its relation to existing
areas, buildings, structures and roads for a distance of 100 feet
from the project boundaries.
(e)
In addition, the Planning Board may require a developmental
impact study to be prepared by a consultant at the expense of the
applicant if the site plan and narrative description do not answer
key questions relating to the environment, soils, water, traffic and
surrounding community.
(f)
A model at the same scale as the site plan, showing the entire
project and its relation to existing areas, buildings, structures
and roads for a distance of 100 feet from the project boundaries.
(g)
Should the Planning Board find it necessary to seek advice or
assistance, it has the authority to employ professional consultants
or experts, including, technicians, attorneys, engineers and/or architects
for the purposes of reviewing and evaluating, on its behalf, the information
shown on the Site Plan and any additional material. The costs of such
professional assistance incurred by the Planning Board shall be borne
by the applicant. However, the cost to be paid by the applicant (1)
shall not exceed the reasonable and usual charges by the consultants;
and (2) shall be estimated in writing by the consultants and made
known to the applicant before the Board incurs any costs. No Occupancy
Permit may be issued by the Building Commissioner until the applicant
has paid, or reimbursed the Town for, all such costs.
(h)
Light pollution prevention. The Planning Board may require full or
partial compliance with the following:
[Added 5-1-2023 ATM by Art. 12]
[1]
Purpose and intent. The purpose of this Bylaw is to create standards
for outdoor lighting so that its use does not unreasonably interfere
with the reasonable use and enjoyment of property within the town
of Hull. It is the intent of this section to encourage, through the
regulation of the types, construction, installation and uses of outdoor
electrically powered illuminating devices, lighting practices and
systems which will reduce light pollution, light trespass and glare
in order to preserve and enhance the natural, scenic, and aesthetic
qualities of Hull, conserve energy and decrease lighting cost without
decreasing nighttime safety, security, and productivity, and preserve
the night sky as a natural resource to enhance nighttime enjoyment
of property within Hull.
[2]
CUTOFF ANGLE
CORRELATED COLOR TEMPERATURE (CCT)
DIRECT LIGHT
FOOT-CANDLE
FILTERED
GLARE
HEIGHT OF LIGHT FIXTURE
ILLUMINATING ENGINEERING SOCIETY (IES)
LAMP
LIGHT FIXTURE
LIGHT TRESPASS
PHOTOMETRIC PLAN
SHIELDED LIGHT FIXTURE
UPLIGHT
Definitions. Except as noted hereinafter, all definitions are
provided in the Zoning Bylaw. Unless the context clearly indicates
otherwise, certain words and phrases used in this section shall mean
the following:
The angle formed by a line drawn from the direction of the
direct light rays at the light source with respect to the vertical,
beyond which no direct light is emitted.
The Specification of the color appearance of the light emitted
by a light source measured in degrees Kelvin (K).
Light emitted directly by a lamp, off a reflector, or through
a refractor of an outdoor light fixture.
Standard measurement of illumination in the United States,
defined as one lumen per square foot.
When referring to an outdoor light fixture, means that the
fixture is to be fitted with a glass, acrylic, or other translucent
enclosure of the light source.
Light emitted from a light fixture with intensity great enough
to produce annoyance, discomfort, or a reduction in a viewer's
ability to see.
The vertical distance from the finished grade of the ground
directly below to the lowest direct light emitting part of the light
fixture.
An industry-backed non-profit organization that is the recognized
technical and educational authority on illumination science. They
publish and maintain technical standards through an accredited process
and provide best practice recommendations for lighting installations.
The component of an outdoor light fixture that produces light.
A complete lighting system, including the assembly that houses
a lamp or lamps, and which may include a housing, a mounting bracket
or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or
a refractor, lens, or diffuser lens.
Direct light emitted by an outdoor lamp fixture that shines
beyond the boundaries of the property on which the outdoor light fixture
is installed.
Site plan showing the light levels (measured in foot candles)
from each light fixture across and beyond the boundaries of the site.
A lamp and fixture assembly designed to eliminate light being
emitted in an unwanted direction. Fixtures may include an array of
shielding options such as back, front or side to prevent light trespass
or uplight shielding to prevent light emitting light above a horizontal
plane.
Direct light emitted by an outdoor light fixture above a
horizontal plane through the fixture's lowest light-emitting
part. Uptight is quantified using the IES U rating system, U1-U5.
[3]
Lighting Plan. The applicant shall provide a Lighting Plan consisting
of:
[a]
A photometric plan showing the intensity of illumination
at ground level, expressed in foot candles
[b]
Specifications for all proposed lighting fixtures
and control systems for all characteristics outlined in section E.
Control of Glare, Light Trespass, and Operation.[1]
[1]
Editor's Note: See Subsection C(3)(h)[5] below.
[c]
Proposed mounting height of outdoor lighting fixtures.
[d]
A written narrative explaining how the proposed
lighting and installation methods will limit impacts on surrounding
properties
[4]
Lighting specifications. To prevent light pollution, all products
shall meet the following specifications:
[a]
Product must have a maximum IES Uplight rating
of U1
[b]
Correlated Color Temperature (CCT) must not exceed
3000K
[d]
Products that include an arm or tenon mount must
have a maximum allowable tilt of +/- 10 degrees
[e]
Products must have at least one shielding option
or accessory available (e.g., house side shield, etc.)
[5]
Control of glare, light trespass, and operation.
[a]
All Light Fixtures shall be equipped with whatever
shielding, filters, lenses, or cutoff devices required to eliminate
Light Trespass onto any street or abutting lot or parcel, to eliminate
unreasonable glare to persons on any street or abutting lot or parcel
and to minimize uplighting.
[b]
Outdoor Lighting Fixtures intended solely to illuminate
any freestanding surface (signs, walls, landscaping elements, etc.)
shall be 1) mounted above the surface and face downward to prevent
uplight and 2) shielded so that Direct Light is confined to the surface
only.
[6]
Exemptions.
[a]
All light fixtures lawfully in place prior to the
date of this amendment shall be grandfathered. However, any light
fixture that replaces a grandfathered light fixture, or any grandfathered
light fixture that is moved, must meet the standards of this regulation.
[7]
Special Permit. Alternative outdoor light fixtures may be allowed
by Special Permit if it is found that the fixture's design and
appearance are superior, significant light pollution will not be created,
and light trespass and glare are minimal.
(4)
The Review Process: The Planning Board shall hold a public hearing
on any properly completed application within 65 days after filing,
with proper notice per Massachusetts General Law, Chapter 40A, Section 11,
and shall render its decision within 105 days of the filing. If the
Planning Board fails to act within said time period, the application
shall be deemed to be approved. However, upon the written request
of the applicant, the time period during which the Planning Board
must render its decision may be extended or continued to any mutually
agreed upon date and time specific. All costs of the notice requirements
shall be at the expense of the applicant.
(a)
Upon reviewing a completed application, the Planning Board may
seek the comments of any of the Town Boards or Staff which the Planning
Board finds appropriate, including: the Building Commissioner, the
Highway Department, the Town Planner, the Police Department, the Fire
Department, the Design Review Board, the Board of Health, the Conservation
Commission, The Park and Recreation Commission, the Electric Light
Department, the Sewer and Water Commission, the Historical Commission,
the Board of Appeals, and the Select Board.
[Amended 5-8-2021 ATM by Art. 6C]
(b)
Within 35 days of receiving a copy, these agencies shall report
to the Planning Board on (1) the adequacy of the data and the methodology
used to determine the impacts of the proposed development and (2)
the effects of the projected impacts of the proposed development.
An agency may recommend conditions or remedial measures to accommodate
or mitigate the expected impacts of the proposed development. Failure
by any agency to report within the allotted time shall constitute
approval by that agency of the adequacy of the submittal and also
that, in the opinion of the agency, the proposed project will cause
no adverse impact.
(c)
The Planning Board shall not render a decision on an application
until it has received and considered all reports requested from Town
departments and boards, or until the 35 day period has expired, whichever
is earlier. Where circumstances are such that the 35 day period is
insufficient to conduct an adequate review, the Planning Board may,
at the written request of the applicant; extend such period to 60
days.
(d)
In reviewing the impacts of a proposed development, the Planning
Board shall consider the information presented in the application
for site plan approval, all reports of Town departments submitted
to the Planning Board, and any additional information available to
the Planning Board, submitted to the Planning Board by any person,
official or agency, or acquired by the Planning Board on its own initiative
or research.
(5)
Board Actions:
(a)
The Planning Board may grant approval, may deny approval or may grant approval with special conditions, based on its review of the projected development impacts and the proposed methods of mitigating such impacts, and whether the proposed development is in conformance with Subsection D, Design Guidelines. The Planning Board may also waive the requirements for site plan review if, in the opinion of a two-third majority of the Planning Board, the adverse impacts of the proposed development are not significantly greater than the impacts of uses which are or can be made of the site under existing laws and regulations.
(b)
Conditions which may be imposed with an approval may include
[1]
Controls on the location and type of access to the site;
[2]
Requirements for off-site improvements to improve the capacity
and safety of roads, intersections, pedestrian ways, water, sewer,
drainage, and other public facilities which are likely to be affected
by the proposed development;
[3]
Requirements for donation and/or dedication of land for right-of-way
to provide for future roadway and/or intersection widenings or improvements;
[4]
Requirements for securing the performance of all proposed work,
including proposed off-site improvements, by either or both of the
following methods:
[a]
A performance bond, a deposit of money, negotiable securities,
letter of credit, or bank passbook in an amount determined by the
Planning Board to be sufficient to cover the cost of all or any part
of the improvements required as conditions of approval,
[b]
A covenant running with the land, executed and duly recorded
by the owner of record, whereby the required improvements shall be
completed before the property may be conveyed by other than a mortgage
deed.
[5]
Conditions to minimize off-site impacts on traffic and environmental
quality during construction.
(6)
The Appeal Process: Any person aggrieved by a decision or non-decision
of the Planning Board with regard to Site Plan Review may appeal to
the Board of Appeals in accordance with Massachusetts General Law,
Chapter 40A, Section 8.
(7)
Application Fee: The fee for filing a Site Plan Review Application
is as indicated in the Planning Board Rules and Regulations Fee Schedule.
The fee shall be paid at the time of application.
[Amended 5-3-2017 ATM
by Art. 17]
(8)
Administration: The Planning Board shall be responsible for
deciding the meaning or intent of any provision of this section which
may be unclear or in dispute.
(9)
Lapse of Approval: Site plans approved under § 410-4.1 of this Zoning Bylaw shall automatically lapse two years from the date of approval unless substantial use or construction has commenced except for good cause. Not included in the two-year time period is the time required to pursue or await the determination of an appeal referred to in Section 17 of M.G.L. Chapter 40A. (Amendment added, Annual Town Meeting, May 13, 2002)
D.
Design Guidelines:
(1)
The following specific items may be considered by the Planning
Board in making its decision:
(a)
Protection and enhancement of important existing site features.
(b)
Protection of adjoining premises against detrimental uses by
provision of surface water drainage, sound, sight and wind barriers
and preservation of views, light and air quality.
(c)
Convenience and safety of vehicular and pedestrian movement
within the site, the location of driveway openings in relation to
traffic or to adjacent streets.
(d)
Adequacy of the arrangement of parking and loading spaces.
(e)
Adequacy of the methods of disposal of refuse and other wastes.
(f)
Relationship of buildings, structures and open space to the
natural landscape and existing buildings and structures.
(g)
Prevention of pollution of surface and groundwater, soil erosion,
increased runoff and flooding.
(h)
Protection against flood damage on site and protection against
flood impacts to adjoining properties, taking into consideration current
conditions and the potential for future sea level rise.
(2)
In considering these items the Planning Board should use the
following principles:
(a)
Preservation of Landscape: The landscape shall be preserved
in its natural state, insofar as practicable, by minimizing tree and
soil removal, and any grade changes shall be in keeping with the general
appearance of neighboring developed areas;
(b)
Community Impacts: Design elements shall be compatible with
the character and scale of neighboring properties, buildings and structures.
The design of the development shall be consistent with existing local
standards and plans, including those adopted by the Planning Board,
Conservation Commission, Parks Commission, Design Review Board and
other Town bodies having such jurisdiction.
(c)
Relation of Proposed Buildings and Structures to Environment:
Proposed buildings and structures shall be related harmoniously to
the terrain and to existing buildings and structures in the vicinity
that have a visual relationship to the proposed buildings and structures.
The achievement of such relationship may include the enclosure of
space in conjunction with other existing buildings and structures
or other proposed buildings and structures and the creation or focal
points with respect to avenues of approach, terrain features or other
buildings and structures. Projects are strongly encouraged to create
or extend public spaces such as open plazas that extend walkways into
a project, courtyards that are publicly accessible, or small areas
of greenery that extend an adjoining green area into a project.
(d)
Drives, Parking and Circulation: With respect to vehicular and
pedestrian circulation, including walkways, interior drives and parking,
special attention shall be given to location and number of access
points, general interior circulation, separation of pedestrian and
vehicular traffic, and arrangement of parking areas that are safe
and convenient and insofar as practicable, do not detract from the
design of proposed buildings and structures and the neighboring properties.
Landscaping and/or fencing shall be used to buffer parking areas from
adjacent areas. Pedestrian access to nearby public areas such as parks,
beaches, public buildings and structures and commercial establishments
shall not be impeded but rather encouraged wherever possible and barriers
to pedestrian patterns shall be avoided.
(e)
Surface Water Drainage: Special attention shall be given to
proper site surface drainage so that removal of surface waters shall
not adversely affect neighboring properties or the public storm drainage
system.
(f)
Utility Service: Whenever feasible, electric, telephone and
other utility lines shall be underground. Any utility installations
remaining above ground shall be located so as to have a harmonious
relation to neighboring properties and the site.
(g)
Advertising Features: The size, location, design, color, texture,
lighting and materials of all exterior signs and outdoor advertising
structures or features shall not detract from the design of proposed
buildings and structures and the surrounding properties.
(h)
Special Features: Exposed storage areas, exposed machinery installations,
service areas, truck loading areas, utility buildings and structures
and similar accessory areas and structures shall be subject to such
setbacks, screen plantings, or other screening methods as may reasonably
be required to prevent their being incongruous with the existing or
contemplated environment and surrounding properties.
(i)
Other Environmental Impacts: The proposed project shall not
create any significant emission of noise, dust, fumes, noxious gases,
radiation, or water pollutants, or any other similar significant adverse
environmental impact. The location and configuration of proposed buildings
and structures, parking areas and open space shall be designed so
as to minimize shadow effects and any adverse impact on temperature
levels or wind velocities on the site or adjoining properties.
(j)
Outdoor Lighting: Outdoor lighting, including lighting on the
exterior of a building and/or structure, or lighting in parking areas,
shall be arranged to minimize glare and light spillover to neighboring
properties.
(k)
Vistas and View Corridors: Hull is a community with many important
visual resources which should be maintained or enhanced. Among the
important visual features are water bodies, parks, beaches, and other
open spaces; landmarks, monuments, and historically and architecturally
important buildings and structures. It is the policy of the Hull Planning
Board to open up, create, and maintain important view corridors, especially
of such landmark features as Boston Light, World's End, the Weir River,
all ocean, bay and harbor views; Fort Revere, the Boston skyline,
and Hull Village Common.
(l)
Flooding; Special attention shall be given to maintaining the
natural capacity of the land to prevent or reduce flooding. Structures,
including fill, shall be designed with special attention to minimizing
the potential for property damage from flooding and the re-direction
of flood waters to other locations.
E.
Separability: The invalidity of one or more provisions or clauses
of this section shall not invalidate or impair the section as a whole
or any other part hereof.
A.
Purpose. The purpose of this floodplain district is to protect the
public health, safety and general welfare, to protect human life and
property from the hazards of periodic flooding, to preserve the natural
flood control characteristics, and the flood storage capacity of the
floodplains.
B.
The floodplain district is an overlay district to all other applicable
districts. All structural and non-structural development activity
shall conform with the permitted uses of the primary underlying district.
[Amended 5-7-2012 ATM
by Art. 27]
(1)
All development in the district, including structural and non-structural activities, whether permitted by right, by special permit or by variance, must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following:
(a)
Sections of the Massachusetts State Building Code (780 CMR)
which address floodplain and coastal high hazard areas;
(b)
Wetlands Protection Regulations, Department of Environmental
Protection (DEP) (currently 310 CMR 10.00);
(c)
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
(d)
Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00);
(e)
Minimum Requirements for the Subsurface Disposal of Sanitary
Sewage, DEP (currently 310 CMR 15, Title 5);
(2)
Any variances from the provisions and requirements of the above-referenced
state regulations may only be granted in accordance with the required
variance procedures of these state regulations.
C.
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
COASTAL HIGH HAZARD AREA
DEVELOPMENT
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
NEW CONSTRUCTION
ONE-HUNDRED-YEAR FLOOD
SPECIAL FLOOD HAZARD AREA
STRUCTURE
ZONE AE
ZONE AO
ZONE VE
Definitions for this Section only:
[Amended 5-7-2012 ATM
by Art. 28]
Is the land in the floodplain within a community subject
to a 1% or greater chance of flooding in any given year. The area
may be designated as Zone A, AO, AH, A1-30, AE, A99, V1-30, VE or
V.
Means the flood having a 1% chance of being equaled or exceeded
in any given year.
Means an area of special flood hazard extending from offshore
to the inland limit of a primary frontal dune along an open coast
and any other area subject to high velocity wave action from storms
or seismic sources. The area is designated on a FIRM as Zone V, V1-30,
VE.
Means any manmade change to improved or unimproved real estate,
including but not limited to building or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
Means an official map of a community on which FEMA has delineated
both the areas of special flood hazard and the risk premium zones
applicable to the community.
Means an examination, evaluation and determination of flood
hazards, and if appropriate, corresponding water surface elevations
or an examination, evaluation and determination of flood-related erosion
hazards.
Means, for floodplain management purposes, structures for
which the "start of construction" commenced on or after the effective
date of a floodplain management regulation adopted by a community.
For the purpose of determining insurance rates, NEW CONSTRUCTION means
structures for which the "start of construction" commenced on or after
the effective date of an initial FIRM or after December 31, 1974,
whichever is later.
See BASE FLOOD.
Means an area having special flood and/or flood-related erosion
hazards and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE- A99,
AH, V, V1-30, VE.
Means, for floodplain management purposes, a walled and roofed
building, including a gas or liquid storage tank, that is principally
above ground, as well as a manufactured home. STRUCTURE, for insurance
coverage purposes, means a walled and roofed building, other than
a gas or liquid storage tank, that is principally above ground and
affixed to a permanent site, as well as a manufactured home on foundation.
For the latter purpose, the term includes a building while in the
course of construction, alteration or repair, but does not include
building materials or supplies intended for use in such construction
alteration or repair, unless such materials or supplies are within
an enclosed building on the premises.
Means the 100-year floodplain where the base flood elevation
has been determined.
Means the 100-year floodplain with flood depths of one to
three feet, where a clearly defined channel does not exist, where
the path of flooding is unpredictable and where velocity flow may
be evident. Such flooding is characterized by ponding or sheet flow.
Means a special flood hazard area along a coast subject to
inundation by the one-hundred-year floodplain with additional hazards
due to velocity (wave action). Base flood elevations have been determined.
D.
Use Regulations:
[Amended 5-7-2012 ATM
by Art. 29]
(1)
Within Zones AO on the FIRM, adequate drainage paths must be
provided around structures on slopes, to guide floodwaters around
and away from proposed structures.
(2)
Man-made alteration of sand dunes within Zone VE which would
increase potential flood damage are prohibited.
(3)
All new construction within Zone VE must be located landward
of the reach of mean high tide.
A.
For the purpose of promoting the more efficient use of land in harmony
with its natural features and in furtherance of the general intent
of this bylaw to protect and promote the health, safety, convenience
and general welfare of the inhabitants of the Town, the Board of Appeals
may grant a special permit for a Flexible Plan Development subject
to the regulations and conditions contained in this section.
B.
In a Flexible Plan Development, the following uses is permitted:
(1)
Multi-family residential use, including garden apartments and
town houses.
(2)
Hotels, motels, inns and marinas.
(3)
Convenience commercial uses normally found servicing multi-family
residential use such as foods, hardware, office, banks, news store,
drug store, luncheonette, laundry, barber and beauty shops and variety
store.
(4)
Accessory uses normally associated with permitted uses in § 410-3.6A(1), such as cocktail lounge, restaurant, beauty and barber shop, drugstore, news stand, and similar uses designed to serve transient patrons provided such uses are located in the confines of the principal building.
(5)
Public open space and recreation.
C.
Each application for a special permit for a Flexible Plan Development
shall be accompanied by a site plan and building elevations at an
appropriate scale. Such site plan shall show the entire project area
at a scale of 1" = 100' and shall be prepared by a registered architect
or registered professional engineer. The site plan and 10 copies thereof
shall be submitted to the Planning Board and shall show at least the
following:
[Amended 5-9-2018 ATM
by Art. 23]
(1)
All lot lines, wetlands and existing and proposed topography
at two-foot contour intervals.
(2)
Proposed development parcels and the location of proposed uses
on each parcel.
(3)
Existing and proposed street, parking, drainage and utility
systems.
(4)
Location of proposed parks, playgrounds and other open spaces.
(5)
A tabulation of the total number of dwelling units and the number
designated for each proposed dwelling type.
(6)
Types of proposed commercial uses and square footage for each
type of commercial use.
(7)
Landscape plan showing all proposed landscape features and proposed
improvements including walks, pedestrian ways, planting areas with
size and type of stock for each shrub or trees, walls, fences and
outdoor lighting.
(8)
A written statement detailing the design characteristics for
the development, including, but not limited to, exterior building
materials, architectural treatment and street furniture.
D.
Within 10 days after the receipt of the special application and accompanying site plan, the Planning Board shall transmit a copy of said site plan to all relevant Town boards and commissions and said boards and commissions may, at their discretion, investigate the proposed layout and report in writing its recommendations to the Planning Board. The Planning Board shall review the site plan proposal under the procedures outlined in § 410-4.1 of the bylaw and issue a decision. Any conditions imposed by the Planning Board decision shall be incorporated as written into any special permit decision issued by the Board of Appeals. A denial of the site plan review shall necessitate denial of the special permit.
[Amended 5-9-2018 ATM
by Art. 23]
E.
In considering an application for a special permit under this section,
the Board of Appeals shall consider whether the proposed Flexible
Plan Development conforms to the following guidelines:
(1)
The protection of adjoining premises against detrimental uses
by provisions for surface water drainage, sight buffers and preservation
of light and air.
(2)
The convenience and safety of vehicular movement and the location
of driveway openings and parking areas in relation to traffic or to
adjacent streets.
(3)
The convenience and safety of a pedestrian circulation system
that provides direct routes between major buildings, parking areas
and roads.
(4)
The adequacy of the methods of disposal of sanitary sewage,
storm water drainage, and solid waste refuse from the uses permitted
on the site.
(5)
The impacts of the proposed uses on one another within the development
and the extent the proposed development relates harmoniously to the
terrain, use, scale and proportions of existing and proposed buildings
in the vicinity.
F.
A application for a special permit to develop a Flexible Plan Development
shall be submitted and reviewed in a manner consistent with the procedures
set forth in Chapter 40A of the Massachusetts General Laws and this
zoning bylaw.
G.
As part of the special permit for Flexible Plan Development, the
following requirements relating to the density and intensity of land
use shall apply.
[Amended 5-9-2018 ATM
by Art. 23]
(1)
The proposed project must include a minimum of 10 acres.
(2)
Structures shall not exceed a maximum height of 70 feet.
(3)
At least 25% of the total project area, excluding a 20 foot
wide setback strip around the perimeter of such area, shall be set
aside as open space. The open space shall be left undeveloped or provided
with recreational facilities such as pathways, picnic areas or play-fields.
(4)
Parking requirements are as outlined in § 410-3.12J, to be approved by the Planning Board as part of the Site Plan Review process.
(5)
All structures within a Flexible Plan Development shall be setback
at least 20 feet from the boundary of the project area or such lesser
distance as may be permitted by the Board of Appeals in the case of
structures other than multi-family residential structures.
(7)
Density requirements.
(a)
Residential density shall not exceed 10 units times the number of
acres within the total project area plus the additional bonus units.
(b)
Commercial density shall not exceed 50% of the total project
area.
(c)
Compliance with the density, dimensional and open space requirements of this Subsection G shall be determined on the basis of the boundaries and total area of the Flexible Plan (including any public open space contained therein) without regard to the location or area of the separate lots within such Flexible Plan Development. Except as expressly provided herein, the density and dimensional requirements of Article III of this bylaw shall not apply to uses or structures within a Flexible Plan Development Plan. Nothing in this Subsection G shall prohibit the phased development or division of a proposed project area into separate lots provided that the requirements of this paragraph are maintained for the total project area.
H.
The Board of Appeals may approve an increase in the maximum number
of dwelling units allowed in accordance with the following bonus schedule.
The total bonus allowed shall not exceed 10 dwelling units per acre.
AMENITY BONUS
(1)
40% of proposed dwelling units devoted to elderly or handicapped
housing up to five additional dwelling units per acre.
(2)
Minimum 20 foot buffer strip around entire project area up to
five additional dwelling units per acre.
(3)
Active recreational facilities open to the public such as tennis
court and public such as tennis court and up to five additional dwelling
units per acre.
(4)
Proposed dwelling units provide 50% of heating and hot water
requirements by means of solar energy up to five additional dwelling
units per acre.
(5)
Underground parking for proposed dwelling units up to five additional
dwelling units per acre.
(6)
Passive marine related recreational facilities open to the public
such as waterfront park or boat landing facilities up to five additional
dwelling units per acre.
A.
General - For the purpose of this § 410-4.4, a boat shall be defined as a vessel or watercraft capable of being used as a means of transportation on water and propelled by oars or paddles or by sail or power, other than a sea/float aircraft capable of operating on water. Lifeboats and/or inflatable boats located on or inside another boat are specifically excluded from this definition when they are so located.
B.
Non Commercial Storage - The storage of pleasure and fishing boats,
owned by Hull residents, on residential property is a permitted use
subject to the following restrictions:
(1)
Not more than three boats may be stored at any one residence.
Storage of more than three boats may be authorized by Special Permit
issued by the Select Board.
[Amended 5-8-2021 ATM by Art. 6C]
(2)
Boats shall not be stored closer than three feet from any lot
line or three feet from any structure.
(3)
Lot coverage including all structures and boats shall not exceed
50%. Boat coverage area shall be the result of its overall length
times its widest girth. Coverage in excess of 50% may be authorized
by Special Permit issued by the Select Board.
[Amended 5-8-2021 ATM by Art. 6C]
C.
Commercial Storage - The storage of boats on a lot or a portion of
a lot set up specifically for this use as a business enterprise in
Business and Commercial Recreation A, B and C Districts is a permitted
use. Commercial storage in other districts may be authorized by Special
Permit issued by the Select Board. All commercial storage shall be
subject to the following restrictions:
[Amended 5-8-2021 ATM by Art. 6C]
(1)
A certificate of insurance shall be filed with the Fire Department.
(2)
Any commercial storage area fronting on a 50 foot wide street
shall have a driveway entrance not exceeding 30 feet.
(3)
Any commercial storage area shall be fenced to exclude public
entry except for approved access.
(4)
No boat shall be stored closer than three feet from an interior
lot line, nor closer than three feet from any building.
(5)
Spacing shall be in accordance with Fire Department requirement.
(6)
Inside storage of Boats shall be in accordance with Fire Department
requirements.
D.
Fishing and Lobstering Equipment - Temporary or seasonal storage
of fishing and lobstering equipment, owned by Hull Residents, is a
permitted use in all areas subject to the following restrictions:
(1)
All lobster traps and/or fishing equipment shall be cleaned
before storage and be free of any organic matter;
(2)
There shall be no storage of bait.
(3)
Lobster traps shall be stored in a neat and orderly configuration.
(4)
Storage height shall not exceed 10 feet.
(5)
Traps shall not be stored nearer than three feet from any lot
line and three feet from any structure.
(6)
There shall be a maximum of 300 traps to be stored in any one
area. A Special Permit, issued by the Select Board, shall be required
for storage of more than 300 traps.
[Amended 5-8-2021 ATM by Art. 6C]
A.
Special Permit. Provided that each of the following conditions and
requirements are met, the Board of Appeals may issue a special permit
for a bed and breakfast home to be conducted in a detached single-family
dwelling unit in the following districts: Single Family Residence
District A, Single Family Residence District B, Single Family Residence
District C, Multi-Family Residence District A, Multi-Family Residence
District B, Business District, Commercial Recreation District.
B.
General Conditions and Requirements.
(1)
No bed and breakfast home, new or pre-existing, shall be operated
without first being granted a special permit from the Board of Appeals
and a certificate of occupancy from the Building Commissioner and
the Board of Health. Each bed and breakfast home in existence on the
effective date of this provision is not a non-conforming use, is in
violation of the zoning by-law, and is not entitled to remain in operation
without the issuance of a special permit and a certificate of occupancy.
(2)
A bed and breakfast home is an accessory use and the primary
use of the dwelling unit shall remain as a single-family residence.
(3)
Within each detached single-family dwelling unit issued a special
permit and a certificate of occupancy for a bed and breakfast home
there may be a maximum of three bedrooms which are rented as bed and
breakfast units. As an accessory use, the bed and breakfast home shall
not occupy more than 45% of the gross floor area of the dwelling unit.
(4)
The special permit for a bed and breakfast home shall be issued
for an initial period of two years in operation. Thereafter the special
permit shall be issued for a maximum of five years. The special permit
shall be issued only to the owner of the property and shall not be
transferable. Any changes in ownership of the property shall require
a new special permit. The special permit may be revoked if any of
the conditions and/or requirements of this section are violated, as
determined by the Building Commissioner and/or the Board of Health.
An aggrieved party may take an appeal to the Board of Appeals.
(5)
A certificate of occupancy is required prior to the commencement
of the bed and breakfast home operation and shall state the maximum
allowable occupancy of same, which shall be determined by the Board
of Health on a case-by-case basis.
(6)
Food for a fee may be served only to overnight guests. In some
instances, the State Sanitary Code requires that a residential kitchen
permit be obtained from the Board of Health.
(a)
Bed and breakfast homes serving continental breakfast only are
not considered food establishments and need not obtain a food establishment
permit. For the purpose of this section, continental breakfast is
defined as: beverages; fresh, frozen, and commercially processed fruits;
baked goods; cereals; homemade or commercial jams, jellies, honey,
and maple syrup; cream; butter; and commercially manufactured hard
cheeses, cream cheese, and yogurt.
(b)
Bed and breakfast homes serving full breakfast shall obtain
a residential kitchen permit from the Board of Health.
(7)
Signage shall be limited to one attached wall or window sign,
not to exceed three square feet, mounted on the building and one ground
sign, single- or double-faced, permanently anchored five feet or less
above grade, as approved by the Building Commissioner, not to exceed
three square feet per face, not to be internally illuminated, not
located so as to obstruct traffic visibility across street corners,
and located no closer than five feet to any lot line.
(8)
The architectural character of the dwelling shall be maintained
as a single family home.
C.
The dwelling unit containing the bed and breakfast home shall be
designed so that the exterior appearance of the structure remains
that of a single-family dwelling. Alterations, revisions, or additions
to the structure are permitted provided the architectural character
of a one-family dwelling is maintained and all other requirements
of this by-law are met. The Design Review Board shall review exterior
changes.
D.
Procedures - Each application for a special permit shall be accompanied
by:
(1)
A site plan showing all existing and proposed structures and
appurtenances, any changes to existing grade, and all boundary/property
lines and easements. The Building Commissioner may require a certified
plan.
(2)
A floor plan, drawn to scale, of the dwelling showing each of
the bed and breakfast units and the access to, and egress from, each
such unit, and each unit's relationship to an adequate bathroom. The
area(s) where breakfast is to be prepared and served shall be designated.
(3)
An off-street parking plan showing that one off-street parking
space per bed and breakfast unit shall be provided on the site, or
that adequate off-street parking can be provided without causing undue
burden to the neighborhood. Off-street parking shall be prohibited
from the prescribed building front setback area and restricted to
the sides and rear of the premises.
(4)
A written statement from the Town Treasurer/Collector stating
that all municipal encumbrances are current or under proper agreement.
(5)
A presentation of all proposed exterior structural changes sufficient
to show that the architectural character of the dwelling is maintained
as a single-family home.
A.
In determining whether a special permit should be granted the Board
of Appeals shall make a decision based on the following guidelines,
requirements, and considerations:
(2)
Via publication and notice of the public hearing on the application
of the Board of Appeals shall assess the support of or objection to
the proposed facility in the particular neighborhood, that the use
is not substantially more detrimental to the established or future
character of the neighborhood and does not derogate from the intent
or purpose of this bylaw;
(4)
Adequacy of parking; and
(5)
The Board of Appeals may make inquiry of the petitioner, and
require the disclosure, as to the financial considerations and the
organizational arrangements of the principals of the operation;
(6)
Subjecting the Special Permit to such restrictions and conditions
as the Board of Appeals deems meet and proper.
B.
In no event shall a special permit granted hereunder run for a period
of longer than two years. Upon expiration of said two-year period
the petitioner shall be responsible for re-applying to the Board for
further permits as required. Should the Office for Children revoke,
rescind, or cancel the license issued to the petitioner under M.G.L.
Chapter 28A, Section 10,[2] any Special Permit issued hereunder shall immediately
lapse and become null and void. The Special Permit shall be applicable
to the petitioner alone and shall not be transferable to any other
person or location.
[2]
Editor's Note: This section of state law was repealed by St.
2008, Ch. 215, § 43, effective 7-31-2008. See now MGL c.
15D, § 1 et seq.
C.
Notwithstanding any provision herein to the contrary, the special
permit granting authority given by this section shall be applicable
only in the following zoning districts, as defined in the bylaws:
Single Family Residence A, B, and C.
A.
The operation of a Gaming House or otherwise manufacture, transport,
sell, offer for sale, store, display, repair, recondition, possess
or use any gambling device within 1,000 yards of an occupied residential
dwelling, or a House of Worship, or a school building; or to keep,
or assist in keeping a gaming house within 1,000 yards of an occupied
residential dwelling, House of Worship, or school, is prohibited.
B.
For purposes of such a zoning law, the definition of a Gaming House
shall conform to the Massachusetts General Laws, chapter 271, section 1A,
to mean and include a ship or vessel when it is in the territorial
waters of the Commonwealth of Massachusetts.
C.
Said zoning law shall in no way restrict a dealer or seller who is
duly licensed to sell tickets or shares in the state lottery from
selling the same; nor shall it restrict any activity conducted under
permits issued in accordance with the provisions of the Massachusetts
General Laws, chapter 271, section 7a.
[Added 5-1-2017 ATM by
Art. 25]
A.
Purpose. This section is intended to provide restrictions that will
allow the Town adequate time to consider where and under what conditions
to allow the operation of marijuana establishments and the on-site
consumption of marijuana and marijuana products, to the extent that
such establishments and such consumption are permitted under state
laws and regulations. The Regulation and Taxation of Marijuana Act
(the "Act"), the purpose of which is to control the production and
distribution of marijuana in the Commonwealth of Massachusetts, went
into effect on December 15, 2016. However, as the Cannabis Control
Commission, to be formed under the Act, has until March 15, 2018 to
adopt regulations consistent with the Act for the administration,
clarification and enforcement of laws regulating and licensing marijuana
establishments, a temporary restriction on the location of such establishments
in Hull shall provide the opportunity to study their potential impacts
on adjacent uses and on general public health, safety and welfare,
and to develop zoning and other applicable regulations that appropriately
address these considerations consistent with the Act, statewide regulations,
best practices and permitting procedures. The moratorium, of a finite
duration, will allow the Town to carefully study the potential impacts
of such establishments and activities and recommend zoning bylaw amendments
and other actions to address the Town's concerns in the context of
Town planning goals and objectives.
B.
Definitions. "Marijuana Cultivator", "Marijuana Establishment", "Marijuana
Product Manufacturer", "Marijuana Testing Facility" and "Marijuana
Retailer" shall have the meanings set forth in the Act, or Session
Act Chapter 369 of 2012 An Act for the Humanitarian Medical Use of
Marijuana.
[Added 5-1-2023 ATM by Art. 17]
A.
Purpose. The provisions of the bylaw is designed to:
(1)
Increase the supply of affordable rental and ownership housing
in the Town of Hull across all zoning districts,
(2)
Encourage a greater diversity and distribution of housing to
meet the needs of seniors, families and individuals at all income
levels, and
(3)
Prevent the displacement of Hull residents.
B.
AFFORDABLE HOUSING UNIT (AHU)
MEDIAN INCOME
INCOME, LOW OR MODERATE
PROJECT
Definitions:
A dwelling unit available at a cost of no more than 30% of
gross household income of those households at or below 80% of the
Boston MSA median income as reported by the U.S. Department of Housing
and Urban Development,
The median income, adjusted for household size, for the Boston
Metropolitan Statistical Area published by or calculated from regulations
promulgated by the United States Department of Housing and Urban Development
or any successor federal or state program.
Low income-households making 50% of the median income of
the Boston MSA Moderate income-households making 80% of the median
income of the Boston MSA.
Any residential development including housing created both
by new construction or remodeling and conversion of an obsolete or
unused building or other structure from its original or more recent
use to an alternate use, including those set forth in the section
entitled "applicability." Where the project is a senior residential
development as set forth below, the term "dwelling unit" shall be
construed to mean "units within senior residential developments".
C.
Applicability: In all zoning districts, the provisions of this bylaw
shall apply to the following uses:
(1)
Any project that results in a net increase of ten or more dwelling
units, whether by new construction or by the alteration, expansion,
reconstruction or change of existing residential or non-residential
space; and
(2)
Any subdivision of land for development of ten or more dwelling
units; and
(3)
Any senior residential development that includes ten or more
senior residential units and accompanying services.
D.
Provision of Affordable Units.
(1)
The development of any project as defined in this paragraph.
(2)
As a condition for granting any permit hereunder, applicants
shall contribute to the Town's stock of affordable units in accordance
with the following requirements:
(a)
For projects resulting in a net increase of ten or more dwelling
units, the applicant shall be required to set aside a minimum of 10%
of the net increase as affordable units, and a minimum of 10% of the
total number of bedrooms provided as affordable housing.
(b)
Fractions: If when applying the percentage to the total number
of units to determine the number of affordable units, the resulting
number of affordable units includes a fraction of a unit, this fraction,
if 1/2 or more shall be rounded up to the next whole number
(c)
Sale, lease or rental of units to low and moderate income households:
Units set aside for sale, lease or rental to low and moderate-income
households shall be restricted in perpetuity for occupancy by qualified
households which meet the definition of "low" and "moderate" income
set forth in this bylaw.
E.
Distribution of affordability for rental and ownership units: In
developments which are required to include fewer than three affordable
units all units shall serve moderate-income households. In developments
which are required to include exactly three affordable units, one
affordable unit shall serve a low-income household and two affordable
units shall serve moderate income households. In developments which
are required to include more than three affordable units, the units
shall be distributed as follows: 25% shall serve low-income households
75% shall serve moderate income households
F.
Projects containing affordable units shall meet the following standards:
(1)
Projects shall not be segmented or phased to avoid compliance
with these provisions.
(2)
Affordable units shall be dispersed throughout the project so
as to ensure a true mix of market-rate and affordable housing.
(3)
Affordable units shall conform to the general appearance and
quality of residences in the area and/or the project. Affordable units
must contain average floor area of the market rate units.
(4)
All affordable housing units created under this Bylaw shall
be no less accessible to public amenities, such as open space, as
the market-rate units.
(5)
The construction of the affordable units will be provided coincident
with the development of market-rate units.
G.
Preservation of Affordability; Restrictions on Resale:
(1)
Each
affordable unit created in accordance with this Bylaw shall have the
following limitations governing its resale. The purpose of these limitations
is to preserve the long-term affordability of the unit and to ensure
its continued availability for affordable income households in perpetuity.
The resale controls shall be established through a deed restriction,
acceptable to the Massachusetts Division of Housing and Community
Development and the Hull Affordable Housing Committee, and recorded
at Plymouth County Registry of Deeds or the Land Court. Covenants
and other documents necessary to ensure compliance with this section
shall be executed and, if applicable, recorded prior to and as a condition
of the issuance of any building permit or certificate of occupancy,
as the appropriate Board or Building inspector shall deem appropriate.
(2)
Maximum rental price: Rents for the affordable units, including
utilities shall not exceed 30% of the targeted annual gross household
income.
(3)
Maximum sales price: Housing costs, including monthly housing
payments, principal and interest payments, and insurance, shall not
exceed 30% of the targeted gross household income.
(4)
Resale prices: Subsequent resale prices shall be determined
in a manner consistent with the initial pricing of the affordable
housing unit. The resale price will be established based on a discounted
rate, which is the percentage of the median income for which the unit
was originally sold. The method of resale price calculation shall
be included as part of the deed restriction. This percentage may be
increased or decreased by up to 5% at the time of resale, in order
to assure that the target income groups' ability to purchase
will be kept in line with the unit's market appreciation and
to provide a proper return on equity to the seller.
H.
Marketing Plan.
(1)
The
affordable units must be rented or sold using a plan for marketing
which has been reviewed and approved by the Hull Affordable Housing
Committee
(2)
Preference for Hull residents and persons employed within the
Town of Hull: Unless otherwise prohibited by a federal or state agency
under a financing or other subsidy program, the affordable units shall
be initially offered via lottery to current residents of the Town
of Hull who qualify under the income guidelines and who have resided
in the Town for a minimum of five years, to persons employed within
the Town of Hull for at least five years, and to persons who, although
not currently residents of the Town, have previously resided in the
Town of Hull for a minimum of five years. Preference should be given,
as appropriate to the unit, seniors and families first, and then individuals
The Town may establish a system of priorities for selecting buyers
or renters, in accordance with Affordable Housing Guidelines issued
by the Hull Affordable Housing Committee.
I.
Buyers Eligibility:
Purchasers and would be purchasers and renters are required
to submit to the Hull Affordable Housing Committee copies of their
last three year's tax returns and certify in writing that their
income does not exceed eligibility.
J.
Project Procedures.
All projects shall comply with the following procedures as applicable:
(1)
Pre-Application Meeting: The applicant shall convene a pre-application
meeting with the Hull Affordable Housing Committee to discuss the
project proposal and affordable housing requirements.
(2)
Submission of Affordable Housing Plan: The applicant shall fill
out and submit an Affordable Housing Plan form to the Hull Affordable
Housing Committee prior to making an application for any required
permits. This form requires the following information: project units
by location, square footage, unit types, number and types of rooms,
and location of and number of affordable units. Specific floor plans
shall be included with this submission to the Hull Affordable Housing
Committee, shall review the submitted Plan and prepare a recommendation
to the appropriate boards regarding the plan as it pertains to the
affordable housing set aside. The Planning Board, Zoning Board of
Appeals or Building inspector decisions may require modifications,
conditions, and safeguards, including documentation regarding affordability.
Said boards and Departments shall explain any deviation from the Housing
Partnership recommendations in writing in its decision.
(3)
Revised Affordable Housing Plan: As needed to ensure Planning
Board or ZBA approval, a revised Affordable Housing Plan may be submitted
to the Hull Affordable Housing Committee. No building permit shall
be issued until the applicant submits proof that any special permit
decisions of the appropriate boards has been recorded and that a final
approval letter for the Hull Affordable Housing Committee has been
issued.
K.
Enforcement.
(1)
Legal
restrictions: Affordable units shall be rented or sold subject to
deed covenants, contractual agreements, and/or other mechanisms restricting
the use and occupancy, rent level, and sales prices of such units
to assure their affordability. All restrictive instruments shall be
subject to review and approval by the Hull Affordable Housing Committee
and town counsel.
(2)
The Hull Affordable Housing Committee shall maintain the Affordable
Housing inventory, to ensure compliance with approved plans.
(3)
The Hull Affordable Housing Committee or a Town official designated
by the committee will be the authority that will monitor, oversee
and administer the details for all resale of any affordable units
created under this Bylaw.
