A.
General.
(1)
Planned Residential Development is intended to be a well-defined
area of higher development density than other residential developments.
It is intended to accommodate dwelling units for small households
in a variety of dwelling types, all in a planned setting. In order
to establish such a development, a comprehensive concept plan was
reviewed and recommended to Town Meeting by the Planning Board, including
revisions recommended for approval by Town Meeting. The Planning Board
will monitor conformance to the concept plan and Town approval.
(2)
All concept plans and the detailed development plans evolving
therefrom shall conform to the following standards.
B.
Standards.
(1)
The overall density in dwelling units shall not exceed 1.5 times
the number of dwelling units, which should be located within the boundaries
of the planned residential development tract in accordance with the
applicable conventional zoning, and at least 20% of such tract shall
be maintained as natural open space in which the existing vegetation
and topography shall be preserved to the extent possible, subject
only to additional planting and landscaping, but no paving, parking,
or buildings.
(2)
A detailed site development plan conforming to the approved
concept plan shall show and identify all changes and construction
to the extent required for site plans, including all existing and
proposed buildings and structures, and the plans, elevations, and
use of all buildings other than one and two family dwellings. The
procedure for the review and approval of the detailed development
plans shall follow, so far as apt, the approval regulations and procedures
for a definitive subdivision plan, including the requirement for a
covenant or security to guarantee the performance of all work in accordance
with the plan and the schedule approved by the Planning Board. Plan
changes not increasing in number, floor area, or intensity or type
of use of buildings, and not reducing the open space may be approved
from time to time by the Planning Board; other changes shall require
submittal of a new concept plan for Town Meeting approval and of a
revised development plan. Building and occupancy permits for each
building shall be required in accordance with the applicable state
and town regulations.
(3)
The construction of a planned residential development may proceed
in phases, provided that higher intensity or occupancy uses shall
not exceed at any time the overall ratio of such uses to one-family
dwellings in the entire planned development, and conveyances or leases
of all or any part of a planned residential development shall be subject
to and shall refer to the conditions of approval of such planned residential
development.
(4)
Performance bond or other security shall provide for the restoration
so far as possible of the development or any part thereof not completed
in accordance with the approved plan and schedule to pre-development
condition.
(5)
Building facing residential lots conforming to conventional
residential zoning across a street shall conform in type and spacing
to the applicable conventional zoning standards or shall be located
at least 100 feet from such conventional residential lots and be separated
therefrom by a dense vegetation or other approved visual screen.
A.
General. In the SRA and SRB Districts such conversion shall be subject
to the following conditions:
(1)
Such house is located on a lot which has an area at least 50%
larger than required for the construction of a single family home
in that district.
(2)
No exterior enlargement is made which together with any changes
made during the preceding five years increase the cubic content of
the house by 20% or more.
(3)
No exterior change is made which, in the opinion of the Board
of Appeals, alters the single family character of the dwelling.
A.
General. A Multifamily Residential Complex shall be allowed only
in a Single Residence A (SRA) or Single Residence B (SRB) Zoning District
and only by Special Permit issued by the Zoning Board of Appeals upon
a determination that the following conditions and criteria have been
satisfied:
(1)
Conversion of existing buildings/structures. Except as provided in Subsection A(2) below, all dwelling units in a Multi-Family Residential Complex must be located within buildings or structures in existence as of the effective date of this Bylaw (April 12, 1999). The floor area of such existing buildings or structures may be expanded provided that such expansion does not increase the floor area by more than 10% of such building or structure being so expanded and provided further that with respect to any abutting lots not included within the Multi-Family Residential Complex any such expansion shall conform to the minimum front, side or rear yard requirements for the applicable zoning district.
(2)
New construction. Construction of a new building for a single
dwelling unit may be allowed as part of a Multi-Family Residential
Complex, provided that with respect to any abutting lots not included
within the Multi-Family Residential Complex, such new building must
satisfy the minimum front, side, and rear yard requirements for the
applicable zoning district.
(3)
Dimensional regulations. Notwithstanding any other section of
the Zoning By-law, the requirements set forth in Table 5 shall be
applicable to a Multi-Family Residential Complex:
|
Table 5 - Multi-Family Table
| |
|---|---|
|
Minimum Lot Area
|
SRA: 6 acres
SRB: 100,000 square feet
|
|
Minimum Lot Frontage
|
SRA: 400 linear feet
SRB: 400 linear feet
|
|
Maximum Number of Dwelling Units
|
SRA: The number of dwelling units which could be located in
a subdivision within the boundaries of the Multi-Family Residential
Complex in accordance with conventional zoning, or 6 units
SRB: 24 units
|
|
Distribution of Dwelling Units
|
SRA: 60% of all dwelling units must be located within a single
building or structure
SRB: 60% of all dwelling units must be located within a single
building or structure
|
|
Minimum Front, Side, and Rear Yard Requirements
|
SRA: None for existing buildings or structures; with respect
to abutting lots not included within the Multi-family Residential
Complex, additions to existing buildings or structures and any new
buildings or structures shall comply with the requirements of the
applicable Zoning District
SRB: None for existing buildings or structures; with respect
to abutting lots not included within the Multi-family Residential
Complex, additions to existing buildings or structures and any new
buildings or structures shall comply with the requirements of the
applicable Zoning District
|
|
Maximum Height
|
SRA: 38 feet for any new buildings or structures; existing buildings
or structures and any additions thereto shall not exceed the current
height of such buildings or structures
SRB: 38 feet for any new buildings or structures; existing buildings
or structures and any additions thereto shall not exceed the current
height of such buildings or structures
|
|
Parking
|
SRA: At least 1.5 parking spaces per dwelling unit, which may
include parking in enclosed structures
SRB: At least 1.5 parking spaces per dwelling unit, which may
include parking in enclosed structures
|
(4)
Infrastructure.
(a)
Water and sewer. The Multi-Family Residential Complex shall
be connected to municipal water and sewer systems if the same are
present in the abutting street. All costs associated with the costs
of these services shall be borne by the developer or applicant.
(b)
Roads. All traveled ways within the Multi-Family Residential Complex shall not be considered streets or ways as defined in Article X, and shall be privately maintained with respect to roadway upkeep and snow and ice removal. No such ways shall connect to two or more public streets or ways.
(c)
Refuse and recycling. Collection and disposal of all refuse
and recycling material shall be provided privately.
(5)
Landscape requirements:
(a)
All outdoor refuse collection and loading areas shall be screened
from adjoining streets and abutting properties by a visually impermeable
six-foot high landscape screen or fence.
(b)
All outdoor parking areas shall be screened from adjoining streets
and abutting properties by an opaque fence at least five feet high
or by a densely planted landscaped buffer at least five feet wide.
(6)
Open space.
(a)
In the SRB zoning district, a contiguous area of not less than 5%
of the total land area of the Multi-Family Residential Complex shall
be created and maintained as landscaped open space. Such landscaped
open space shall be designed, developed, and maintained for the use
and enjoyment of all residents in common, shall be restricted by deed
and covenant to be used primarily for recreational, park, conservation
or other open space uses, and shall be conveyed to the Town and accepted
by it for park or open space use, or to a non-profit organization
the principal purpose of which is the conservation of open space,
or to a corporation or trust owned or to be owned by the owners of
the dwelling units within the Multi-Family Residential complex. Notwithstanding
the conveyance of such open space, the Multi-Family Residential complex
shall continue to be responsible for the maintenance of such open
space.
(b)
In the SRA Zoning District, at least 20% of the total land area of
the Multi-Residential Complex shall be maintained as natural open
space in which existing vegetation and topography shall be preserved
to the extent possible.
B.
Site plan review. Site Plan Review shall be applicable to a Multi-Family
Residential Complex.
C.
Accessory uses.
(1)
Private garage for more than three automobiles.
(2)
Garages for the common use vehicles owned by the Multi-Family
Residential Complex.
(3)
One single-story building to house snow removal, lawn, maintenance
and recreational equipment.
(4)
Any and all other uses normal accessory, or incidental to a
Multi-Family Residential Complex.
A.
Purpose. The purpose of this bylaw is to:
(1)
Encourage and allow a mixture of complementary land uses to
create economic and social vitality, and to address the housing needs
of the Town.
(2)
Develop mixed-use areas and buildings which are safe, comfortable,
and attractive to pedestrians.
(3)
Provide flexibility in the siting and design of new developments
and redevelopments to anticipate changes in the marketplace.
(4)
Encourage efficient land use by facilitating compact, high-density
development and minimizing the amount of land needed for surface parking.
B.
Special permit requirement/special permit granting authority.
C.
Conditions, restrictions, and requirements.
[Amended 11-30-2020 STM by Art. 24]
(1)
In the CB and LB Districts, all dwelling units in a Mixed Use
Development shall be located above the ground floor, shall have a
separate entrance, and shall not share stairs or hallways with commercial
uses, except that a fire escape or exit used only in emergencies may
be available at all time to both.
(2)
In the RDO, HB and GB Districts, a Mixed-Use Development may be allowed in accordance with Subsection C(1), or alternatively, in accordance with the following standards for horizontally mixed uses:
(a)
The mix of residential and nonresidential uses may be located in
separate structures on the same lot or lots of the same ownership.
One of the buildings with nonresidential uses shall be designated
the primary building on the lot for purposes of this section. If a
vertically mixed building is also included in the development, it
shall be considered the primary building.
(b)
The main entrance to the primary building must be on the front façade.
(c)
The front façade of primary building must be parallel to the
public right-of-way.
(d)
For vertical mixed-use buildings, and for free-standing commercial
buildings in a Mixed-Use Development, there shall be a minimum first-floor
height of 14 feet, as measured from the finished floor to finished
ceiling height.
(e)
Developments with multiple buildings may have more than one building
facing the street or buildings arranged in a courtyard or other configuration.
Two or more buildings facing the street shall be set back uniformly.
(f)
In a development with multiple buildings, off-street vehicular parking
may be located at grade at the rear of each building, in a courtyard
serving multiple tenants, in an onsite structured parking facility
(parking garage), in an offsite parking area with safe pedestrian
access within 500 feet of the site, or any combination of the above.
(g)
On the rear elevation of any building in the development, the ground
floor may be used for at-grade parking to serve residential or nonresidential
tenants. The ground floor may also be used to provide residential
units with universal access.
(3)
Each dwelling unit in a Mixed-Use Development shall have a complete
set of sanitary facilities, cooking, and living space that includes
sleeping facilities independent from another dwelling unit in a Mixed-Use
Development. A Mixed-Use Development may provide common storage, laundry
facilities, and other customary shared facilities located within a
Mixed Use Development. Each dwelling unit shall meet all occupancy
and Building Code requirements. The maximum number and type of allowable
residential dwelling units shall be determined by the Planning Board
as part of the Special Permit and site plan review process.
(4)
All Mixed-Use Developments shall provide at least one parking
space per dwelling unit, except those Mixed-Use Developments within
one half mile of a commuter rail station. A Mixed Use Development
shall provide additional parking for the nonresidential uses per the
requirements set forth in Table 3 (Dedham Parking Table),[1] or as may be determined by the Planning Board to be sufficient
to meet the needs of such Mixed-Use Development, taking into consideration
complementary uses and activities having different peak demands, joint
parking arrangements, the availability of on-street and public parking,
and such other mitigating factors and measures as may be appropriate.
[1]
Editor's Note: Table 3 is included as an attachment to this chapter.
(5)
A Mixed Use Development in the RDO or HB Zoning District with
12 or more dwelling units shall have maximum lot coverage of 80% and
a maximum floor area ratio of 1.0. For purposes of determining compliance
with the FAR of 1.0, floor area shall be the sum of the floor area
in all buildings in the development.
D.
Waivers. The Planning Board, at its discretion, reserves the right to grant waivers to any or all of the requirements of § 280-7.4, where such granting of waivers will be in the best interest and/or beneficial to the Town of Dedham.
[Added 11-30-2020 STM by Art. 24]
E.
Site plan review/peer review. Applications under this § 280-7.4 shall be subject to the provisions of § 280-9.5 pertaining to Site Plan Review which, if required, shall be conducted by the Planning Board as part of the Special Permit process. The Planning Board may enlist a peer review architect during the Special Permit and/or site plan review process for a Mixed-Use Development.
[Amended 11-30-2020 STM by Art. 24]
F.
Moratorium.
[Added 5-20-2019 ATM
by Art. 19]
(1)
Purpose.
(a)
The Town amended the Zoning Bylaw in 2004 to include regulation
of mixed use developments. Since that time, multiple mixed-use projects-buildings
have been approved and built with residential apartments over commercial
spaces.
(b)
The continuing high demand for mixed-use developments, including
development of commercial space and apartments and condominiums, raises
novel legal, planning, economic, and public safety issues and creates
a need to review the current regulation of this use. The Town needs
time to consider and study the future implications and impact of mixed
use developments upon the Town as a whole, as well as the consistency
of the already completed mixed-use developments with the Town's current
and future development and housing goals. Imposition of a temporary
moratorium on mixed use developments will allow sufficient time to
simultaneously assess the challenges and successes of existing mixed-use
projects, determine consistency of additional mixed-use development
with the Town's overall development and housing goals, and, further,
determine whether refinements or modifications of the mixed-use zoning
bylaw could better align the Bylaw with the Town's future economic
and housing goals.
(2)
Temporary moratorium. For the reasons set forth above and notwithstanding
any other provision of the Zoning Bylaw to the contrary, the Town
hereby adopts a Temporary Moratorium on issuance of special permits
for the use of land or structures for mixed use developments. The
moratorium shall be in effect through November 30, 2019 or the date
on which the Town adopts amendments to the Zoning Bylaw concerning
Mixed Use Development, whichever occurs earlier. During the moratorium
period, the Town shall undertake a planning process to study, review,
analyze and address whether any revisions the Zoning Bylaw relative
to Mixed Use Development are needed or desirable to provide for mixed
use development consistent with the Town's future general planning
goals for economic development and housing.
A.
General. An Assisted Living Residence may be allowed by Special Permit
from the Zoning Board of Appeals upon determination that all of the
conditions set forth below have been met. The following conditions
are the minimum which must be met for the approval of a Special Permit
for an Assisted Living Residence. This list is not intended to exclude
the imposition of any additional conditions by the Zoning Board of
Appeals or the Planning Board under Site Plan Review.
B.
Conditions - infrastructure.
(1)
Water and sewer. The Assisted Living Residence site shall be
connected to municipal water and sewer systems. All costs associated
with the extension of these services shall be borne by the developer
or applicant.
(2)
Roads. All traveled ways shall be privately maintained with
respect to roadway upkeep and snow and ice removal.
(3)
Refuse. Collection and disposal of all refuse shall be provided
privately.
(4)
Utilities. All utilities on the site shall be installed underground
pursuant to approved methods of installation and construction.
(5)
Safety. The Assisted Living Residence shall have an integrated
emergency call, security, telephone and other communication system
to provide monitoring for its residents and direct line connection
to the Dedham Fire Department.
C.
Dimensional regulations: See Table 6.
|
Table 6 - Assisted Living Dimensional Requirements
| |
|---|---|
|
Minimum Lot Area
|
4 acres
|
|
Minimum Lot Area per Dwelling Unit
|
4,000 square feet
|
|
Minimum Lot Frontage
|
125 feet
|
|
Maximum Lot Coverage
|
15%
|
|
Maximum Number of Units in an ALR Facility
|
115 units
|
|
Minimum Yard
|
100 feet
|
|
Proximity to Existing Residence
|
100 feet (if an existing residence is within 25 feet of the
ALR lot line, an additional 25-foot distance is required)
|
|
Maximum Height
|
40 feet or 3 floors, whichever is less
|
D.
Landscaping requirements.
(1)
The side and rear lot lines shall be screened by a ten-foot
width of dense natural growth.
(2)
All outdoor refuse collection and loading areas shall be screened
from adjoining streets and abutting properties by a visually impermeable
six-foot height landscape screen or fence and through the use of appropriate
landscaping.
(3)
All parking areas shall be screened from adjoining streets and
abutting properties.
E.
Buffer zone. The 50 feet closest to the abutting lot line shall be
landscaped as follows:
(1)
Materials. Plant materials characterized by dense growth which
will form an effective year-round screen shall be planted to form
the screen. Screening shall consist of natural materials. To the extent
practical, exiting trees and vegetation shall be retained and used
to satisfy the provisions of this section.
(2)
Height. Natural screening shall be at least 10 feet in height
when planted. Height shall be measured from the finished grade.
(3)
Maintenance. All required plant material shall be maintained
by the owner in healthy condition and replaced with new plantings
whenever necessary to insure continued compliance with screening requirements.
F.
Accessory uses.
(1)
Garages for common use vehicles owned by the operating entity.
(2)
One single-story building to house snow removal, lawn maintenance,
and recreational equipment. Such building shall not exceed 3,000 square
feet.
(3)
Outdoor swimming pools, tennis and other recreational courts,
playing fields, putting greens, bocce courts, gardens, residential
greenhouses of not more than 250 square feet, covered and uncovered
sitting areas.
(4)
Any and all other uses normal accessory, or incidental to an
ALR.
Accessory uses shall comply with principal density, dimensional,
and buffering requirements.
G.
Non-residential uses. The operator of an Assisted Living Residence
may also provide optional services on the site including but not limited
to local transportation, barber/beauty services, sundries for personal
consumption, and other amenities, provided:
(1)
Such uses serve the residents and employees of the ALR only.
(2)
Such uses are conducted within and may be entered only from
within a principal building.
(3)
There is no external evidence of such uses visible beyond the
development site.
(4)
The appearance and character of the commercial uses are compatible
with a residential development.
A.
Character and purpose. The Senior Campus (SC) District is intended
to promote the well-planned development of large parcels of land to
serve the housing and health care needs of senior citizens, to serve
the educational needs of children, and to foster intergenerational
relationships and social interaction among different age groups in
the SC District via shared or interconnected facilities and common
areas, with emphasis upon:
(1)
The
continuum of care required as people age,
(2)
The
availability of supportive services to different types of senior housing
and accommodations,
(3)
The
creation of an appropriate educational environment for children,
(4)
The
preservation of open space and natural features, and
(5)
The
protection of any adjoining single-family residential areas by increased
buffer zones and similar measures.
B.
Establishment. To be eligible for inclusion in the Senior Campus
District (the SC District), a parcel or parcels of land must be (i)
located in a Single Residence A District, and (ii) at the time that
the land in question is included in or submitted to the SC District
contain at least 100 acres of land which are either contiguous or
separated only by public or private streets. A separate vote of Town
Meeting shall be required to place such an area in the SC District.
C.
Applicability. The provisions of the SC District shall apply to all
land within the SC District. Any matter not addressed herein shall
be governed by the Single Residence A District provisions of the Dedham
Zoning Bylaw. To the extent of any inconsistency between the provisions
of the SC District and any other provisions of the Dedham Zoning Bylaw,
the provision of the SC District shall govern. Uses allowed by right
in the Single Residence A District shall also be allowed by right
in the SC District.
D.
Use regulations.
(1)
Except as provided herein, all uses allowed by right in the
Single Residence A District shall be allowed by right in the SC District
and all uses allowed by special permit in the Single Residence A District
shall be allowed by special permit in the SC District. Without limiting
the foregoing, schools (owned or leased by a religious sect or denomination,
or by a nonprofit educational corporation) and child care facilities
shall be allowed by right in the SC District.
(2)
Senior Supportive Housing shall be allowed by special permit in the SC District in accordance with § 280-9.3.
(3)
Where a use in the SC District requires a special permit, the
Planning Board shall be the Special Permit Granting Authority.
(4)
The following accessory uses shall be allowed in the SC District
if the principal use is allowed by right or by Special Permit as applicable:
(a)
Garages for common use vehicles owned by the operating entity
and related to campus uses.
(b)
Single-story building or buildings to house snow removal, lawn
maintenance, and recreational equipment.
(c)
Fitness facilities including, without limitation, outdoor swimming
pools, tennis and other recreational courts, playing fields, walking
paths, putting greens, bocce courts, gardens, recreational greenhouses,
covered and uncovered sitting areas, and similar facilities.
(d)
The operation of any facility permitted in the SC District may
also provide optional and/or supportive services on the campus including,
but not limited to, local transportation, food and meals, nursing
care, personal care, home health care, barber-beauty services, banking
services, coffee shop, cafeteria, medical services, sale of sundries
for personal consumption and other similar amenities and supportive
services, provided:
[1]
Such services are available primarily to the residents, students,
faculty, users, and employees of the campus.
[2]
The appearance and character of any accessory uses are compatible
with a senior campus and/or educational development.
[3]
Any and all uses reasonably accessory or incidental to the principal
uses.
Accessory uses shall comply with the density, dimensional, and
buffering requirements applicable to the principal use.
(5)
Section 280-8.1 shall not be applicable if the work in the SC District is subject to an Order of Conditions issued by the Conservation Commission.
(6)
Section 280-6.5B shall not be applicable for any retaining walls in the SC District unless such retaining walls are located within the first 100 feet of the Buffer Zone, measured from the property line of an adjacent parcel outside the SC District.
(7)
The following infrastructure requirements shall apply to Senior
Supportive Housing and to the Uses described in A.6 (Assisted Living
Residence)[1] and B.6 (e.g., hospital, nursing, or convalescent home)
of the Use Regulation Table (Table 1),[2] and shall supersede any contrary or inconsistent requirements in the Zoning Bylaw including, but not limited to, the requirements set forth in § 280-6.2 and § 280-7.5.
(a)
Water and sewer. The site shall be connected to municipal or
Massachusetts Water Resources Authority water and sewer systems. All
costs associated with the extension of these services shall be borne
by the developer or applicant.
(b)
Roads. Roads and all traveled ways shall be privately maintained
with respect to roadway upkeep and snow and ice removal.
(c)
Refuse and recycling. Collection and disposal of all refuse
shall be provided privately.
(d)
Utilities. All utilities on the site shall be installed underground
pursuant to approved methods of installation and construction.
(e)
Safety. A nursing or convalescent home, non-acute chronic disease
hospital or Assisted Living Residence (but not Senior Supportive Housing)
each shall have a personal emergency response system. In addition,
the campus shall be equipped with fire detection systems which shall
be monitored in at least one central location.
(f)
When required by the Department of Health regulations, building
code, or local authorities, a direct line connection to the Dedham
Fire Department shall be provided.
[1]
Editor's Note: See entry A.5.
[2]
Editor's Note: Table 1 is included as an attachment to this chapter.
E.
Dimensional and related controls. The following dimensional and related controls shall govern within the SC District for the uses listed in the Table of Dimensional Requirements for the Senior Campus District. Within the SC District, these requirements shall supersede any contrary or inconsistent requirements in the Zoning Bylaw including, but not limited to, the requirements set forth in Article IV, § 280-6.2 and § 280-7.5, and Table 6 (Assisted Living Table). Except as set forth below, the dimensional controls set forth in the Table of Dimensional Requirements (Table 2)[3] shall continue to apply to all other uses allowed in the
SRA District.
|
Table 7
| ||||
|---|---|---|---|---|
|
Table of Dimensional Requirements - Senior Campus Housing District.
| ||||
|
Use:
|
Assisted Living Residence
|
Nursing or Convalescent Home/Hospital
|
Senior Supportive Housing
|
Educational or Religious Institutional Use/Charitable or Philanthropic
Institutional Use/Child Care Facility
|
|
Minimum Frontage (feet)
|
50
|
50
|
50
|
50
|
|
Minimum Lot Area Acres/Square Feet
|
4 acres1
|
4 acres1
|
4 acres1
|
40,0001
|
|
Minimum Lot Area Per Dwelling Unit (Square Feet)
|
4,000
|
0
|
4,000
|
0
|
|
Minimum Lot Width (feet)
|
50
|
50
|
50
|
50
|
|
Minimum Front Yard (feet)
|
0
|
0
|
0
|
0
|
|
Minimum Side Yard (feet)
See Footnote 2
|
0
|
0
|
0
|
0
|
|
Detached Accessory Building
|
0
|
0
|
0
|
0
|
|
Minimum Rear Yard (feet)
|
0
|
0
|
0
|
0
|
|
Maximum Lot Coverage (%)
|
15
|
15
|
15
|
30
|
|
Space Between Buildings (feet)
|
0
|
0
|
0
|
0
|
|
Maximum Height (feet)
|
403
|
403
|
403
|
423
|
|
Proximity to Adjoining Residential District (feet)
|
2004
|
2004
|
2004
|
2004
|
|
Maximum Number of Units
|
N/A
|
N/A
|
N/A
|
N/A
|
|
See Footnote Explanations Below.
| ||||
|
NOTES TO TABLE 7:
| |
|---|---|
|
1.
|
More than one principal building shall be allowed on the same
lot, whether characterized as residential or non-residential.
|
|
2.
|
Buildings may be connected across internal lot lines within
the SC District.
|
|
3.
|
Height shall be measured from the average finished grade around the building at the foundation to the high point of the eave line of a hip, pitched, gable or gambrel roof, or to the high point on a flat roof. There shall be no human occupancy above the eave line. The height of an exposed parking level beneath a building shall be deducted from the height of a building in determining the height of such building, but only if the exposed parking level is not visible from a single-family residence situated outside the SC District at the time the land in question is included in or submitted to the SC District. For purposes of this Section, buildings or sections of buildings divided by a firewall shall be considered separate buildings and the height shall be separately measured. Height may increase to 55 feet if the structure is either (a) situated more than 600 feet from a single family residence situated outside the SC District at the time the land in question is included in or submitted to the SC District, or (b) separated from such a single family residence by a river or a major highway at the time the land in question is included in or submitted to the SC District. The provisions of § 280-4.2C shall apply to all buildings the SC District.
|
|
4.
|
The 200-foot setback of principal structures shall be measured from the nearest property line of a parcel situated outside the SC District at the time the land in question is included in or submitted to the SC District, provided that there shall be no setback requirement if said parcel is separated from the SC District by a river or a major highway at the time the land in question is included in or submitted to the SC District. The first 100 feet of the 200-foot setback area shall be left in its natural state; if not already densely planted, the first 50 feet of the 200-foot setback area from the nearest property line of the parcel must be landscaped as described in Subsection F (Landscaping Requirements) below. The second 100 feet of the 200-foot setback area from the nearest property line of the parcel shall not contain any principal buildings; provided that such second 100 feet may contain accessory uses, driveways and surface parking.
|
[3]
Editor's Note: Table 2 is included as an attachment to this chapter.
F.
Landscaping requirements.
(1)
All outdoor refuse collection and loading areas shall be screened
from adjoining streets and abutting properties by a visually impermeable
six-foot high landscape screen or fence or through use of appropriate
landscaping, unless enclosed by building walls.
(2)
All parking areas shall be screened from adjoining streets and
abutting properties.
(3)
Buffer zone. Unless already densely planted in its natural state,
the 50 feet closes[4] to the lot line of any residential district outside the
SC District shall be landscaped as follows:
(a)
Materials. Plant materials characterized by dense growth which
will form an effective year-round screen shall be planted to form
the screen. Screening shall consist of natural materials. To the extent
practical, existing trees and vegetation shall be retained and used
to satisfy the provisions of this section.
(b)
Height. Natural screening shall be at least 10 feet in height
when planted. Height shall be measured from finished grade.
(c)
Maintenance. All required plant material shall be maintained
by the owners in healthy condition and replaced with new plantings
whenever necessary to insure continual compliance with screening requirements.
[4]
Editor's Note: So in original; should be "closest."
G.
Off-street parking and related requirements. Within the SC District, development shall comply with the Off-Street Parking Requirements of § 280-5.1 and the Landscaping and Screening Requirements of § 280-5.2 of the Zoning Bylaw, subject to the following modifications and exceptions.
(1)
General regulations. The adequacy of parking arrangements shall
be reviewed by the Planning Board as part of Site Plan Review.
(2)
Parking lot design.
(a)
Design standards. Lots for 300 or more parking spaces shall
have more than one two-way access, located so as to serve different
parts of the parking lot.
(b)
Construction standards. All areas to be used for parking, driveways,
or aisles, access ways to streets open to public travel, pedestrian
walks, and safety islands shall have a pavement, designed and maintained
to provide a firm surface, safe traction, and clean walking conditions
in wet, freezing, or other inclement weather. Except for lots designed
to serve five or fewer cars, for which compacted water-bound macadam
may be used, pavement shall consist of bituminous concrete, 2.5 inches
deep after rolling, or of an equivalent cement, concrete brick, masonry,
or other permanent all weather material laid on a well-rolled and
compacted granular base and a firm gravel sub-base from which all
organic and unstable materials have been removed. Paved areas shall
be graded so as to avoid ponding and to channel surface water to catch
basins or to landscaped unpaved areas and to avoid excessive surface
drainage to the streets. Parking and maneuvering spaces shall have
grades between 1% and 5% whenever possible. Parking spaces and driveways
shall be marked by white striping, and pedestrian paths, fire lanes,
and safety zones shall be marked by yellow striping, four inches wide
and/or by curbing, barriers, and retaining walls. Large parking lots
designed for 300 cars or more shall be laid out in several areas separated
by landscaping, fencing, or space buffers. Pavement markings and directional
signs shall be used for circulation guidance and safety. Surface runoff
shall not have to travel more than 150 feet to reach a catch basin
or landscaped area, and contaminated surface runoff shall not be discharged
directly into a wetland or a water body, except with specific approval
of the Conservation Commission. All artificial lighting shall be arranged
and shielded so as to prevent direct glare from the light source onto
any public way or other property. All parking facilities which are
used at night shall be lighted as evenly and fully as possible within
the maximum wattage limits established by the State Building Code.
(c)
Location of parking area. Parking serving any building in the SC
District may be located anywhere within the SC District.
(d)
Parking under buildings. In order to preserve open space and
to decrease the amount of surface parking, parking under buildings
shall be allowed in the SC District.
(3)
Landscaping and screening. In order to encourage the preservation
of existing vegetation and natural features within the SC District,
large screening buffers between the SC District and Adjoining residential
districts, and the clustering and compact development of buildings
and parking facilities within the SC District, the following shall
apply:
(a)
Landscaped areas (frontage strip). Except for access driveways,
only landscaping shall be allowed in the landscaped buffer zone which
extends across the entire frontage of the lot on a street or highway
and for a depth of 10 feet in the SC District.
(b)
Landscaped areas (lot interior). Trees and shrubs shall be preserved
or planted in the interior of the parking area (defined as the space
enclosing the parking spaces, maneuvering areas, and aisles) so that
such landscaped space shall comprise not less than 5% of the paved
parking area. The 5% interior landscaped area shall not include the
landscaping provided in the frontage strip. All other provisions of
Section 5.2.4.3 shall apply.
(c)
Landscaped areas (perimeter). Subject to the setback requirement
in Table 7, Footnote 4 above, there shall be no setback requirement
from internal lot lines for parking areas within the SC District.
(d)
Planting requirements. Required trees shall have a minimum caliper
size of three inches at the time of planting, as measured by the America
Nursery and Landscape Association ANSI Z60.1 Standard (Nursery Stock).
Shrubs to be planted shall be of at least two to 2.5 feet in height.
(4)
Required parking. Within the SC District, the number of required
parking spaces shall be as follows:
|
Table 8 - Parking Requirements
| |
|---|---|
|
RESIDENTIAL AND RESIDENTIAL CARE USES
| |
|
One, two, or multi-family residence
|
1.5 parking spaces per dwelling unit (2 spaces minimum)
|
|
Hospitals, nursing or convalescent homes, living care, or other
quasi-medical and institutional facilities providing residential care,
including group homes
|
1 parking space per 2 persons rated or design capacity
|
|
Assisted living Residence
|
0.3 parking spaces per dwelling unit; plus, 1 parking space
per average number of employees on the largest work shift
|
|
Senior Supportive Housing
|
1.0 parking space per dwelling unit.
|
|
INSTITUTIONAL USES
| |
|
Child Care Facilities
|
1 space for every teacher and employee, 1 space for visitors,
plus 1 space for every 6 children based on the largest enrollment
on the site at any given time; the Planning Board may allow a reduction
in the number of required spaces for the purposes of improving site
utilization, but not to increase permitted enrollment if the number
of spaces is adequate to provide 1 space for every teacher and employee,
and to support, without detriment to the neighborhood, drop-off and
pick-up areas for the maximum number of children arriving and departing
the facility at any 1 time in accordance with a parking and traffic
management plan approved by the Planning Board. In the case of a parking
and management plan, the Planning Board shall have the authority to
monitor compliance and to amend the plan as necessary to achieve compliance
with the standards set forth in the plan.
|
|
Elementary and middle schools, and other educational institutions
for children under 16 years of age
|
1.0 parking space per 16 children design or licensed capacity,
but not less than 5 spaces. The Planning Board may reduce the parking
requirements to reflect the shared nature and off-peak usage of parking
areas on the campus. There shall be no separate, additional parking
spaces required as a result of or in connection with other uses, including,
without limitation, a school gymnasium, auditorium, playing fields,
or similar areas for large gatherings.
|
(5)
Common driveways. Within the SC District, there shall be no
limit on the number of lots meeting the street frontage requirement
which may share an access driveway.
H.
Site Plan Review in SC District. Within the SC District, the following requirements shall supersede any contrary or inconsistent requirements of the Zoning Bylaw, including, without limitation, the requirements set forth in §§ 280-5.1B, 280-9.4, and 280-9.5; further, a project within the SC District, or any component thereof, shall not be construed as a Major Non-Residential Project under § 280-9.4 of the Zoning Bylaw.
(1)
Purpose of site plan review. For the purpose of insuring that
there shall be no development in the SC District except in conformity
with the provisions of this section, in the SC district, no structure
shall be constructed, reconstructed, or used, and no improvements
to any lot shall be made unless such development is in conformity
with a site plan which has been reviewed by the Planning Board in
accordance with the provisions hereof. The purpose of this review
is to protect the health, safety, convenience, and general welfare
of the Town by providing for a review of plans for uses and structures
in the SC District which may have impacts on traffic, municipal and
public services and utilities, environmental quality, community economics,
and community values in the Town. One or two family dwellings, farms
on parcels of more than five acres, and land or structures used for
religious purposes or educational purposes and owned by or leased
to the Commonwealth or any of its agencies, subdivisions, or bodies
politic, or by a religious sect or denomination, or by a nonprofit
educational corporation, or the use of land or structures for the
primary, accessory, or incidental purpose of operating a child care
facility shall not be subject to the provisions of this Section.
(2)
Site plan requirements. Site plans shall be prepared by a registered
architect, surveyor, or professional engineer. Individual site plans
may be prepared and amended from time to time for each lot in the
SC District. Site plans shall show:
(a)
The boundaries of the parcel or parcels for which the applicant
is seeking site plan review. Lot numbers, dimensions of lots in feet,
size of lots in square feet, and the width of the abutting street
and ways shall be shown. The plans shall include a scale (which may
not be greater than one inch equals 50 feet), north arrow, legend,
name of record owners of parcel or parcels for which approval is sought,
and names of owners of all abutting land as appearing on the current
tax assessor's list.
(b)
The location of existing wetlands, water bodies, wells, and
100-year flood plain elevations with the area subject to review.
(c)
The location of existing and proposed structures, as well as
the distance between those structures and the lot lines and the distance
between buildings on the same lot. Also, the percent of existing and
proposed building lot coverage and the average finished grade of each
proposed building the base of each such building.
(d)
All principal landscape features, such as fences, walks, walls,
exterior lighting, and planting areas.
(e)
All easements within and abutting the parcel or parcels for
which approval is being sought.
(f)
The location and number of all parking and loading spaces.
(g)
The location of all driveway openings and driveways, as well
as the proposed traffic circulation patterns within the parcel or
parcels for which approval is being sought.
(h)
Provision for and the location of all facilities for sewages,
drainage, electric, and water service.
(i)
Topography indicating existing and proposed contours at intervals
of not more than two feet.
(j)
Location and intensity of outdoor lighting systems.
(k)
Location, type, and size of signs.
(l)
A written statement by the applicant that shall disclose:
[1]
A description of the proposed uses to be located on the site.
[2]
The total land area of the site, and the total floor area and
ground coverage of each proposed building and structure.
[3]
General summary of existing and proposed easements or other
burdens now existing or to be placed on the property.
[4]
Method of handling proposed solid waste disposal.
[5]
The applicant's calculation of requirements and evaluation of
the availability and adequacy of off-site public facilities including
sewer, water, drainage, and streets.
[6]
A description of any problems of drainage or topography, or
a representation that, in the opinion of the applicant, there are
none
[7]
An estimate of the time period required for completion of the
development shown on the site plan.
(m)
A traffic impact assessment, the purpose of which shall be to
document the existing traffic volumes, capacities, controls, road
condition, hazards, and level of service on the site and the streets
adjacent to the site; to project changes due to the site development
and to the background traffic growth or decline; to assess the projected
impact of such changes; and to propose and to discuss management and
structural improvements and mitigation measures, both on and off the
site.
(n)
An environmental impact assessment, which shall include a substantiated
assessment of the existing and expected post-development environmental
conditions, including air and water quality, pollution of ground water
and air, noise levels, harmful or noxious emissions, damage or threat
to wetlands and flood plain, plants, and animals, and the visual environment.
The potential for erosion or sedimentation and the proposed or existing
control measures shall be discussed. Glare, smoke, odors, vibration,
electromagnetic radiation, effects on groundwater supply, streams,
water bodies, unique or valuable vista, symbiotic ecological relationships
of animal and plant communities, and compatibility of the project
with the existing and future natural and manmade environment shall
be considered, and any expected changes and preventive or corrective
actions shall be discussed. Waste disposal, snow removal, maintenance
of landscaped and paved areas, off-site environmental impacts, and
drainage shall be discussed, and pre- and post-development drainage
calculations for 10 and 100 year storm shall be included. Such an
assessment may include similar materials filed by the applicant with
a Notice of Intent to the Conservation Commission or an Environmental
Notification Form and/or an Environmental Impact Report under the
Massachusetts Environmental Policy Act.
(o)
A community and fiscal impact assessment, which shall consider
the existing and projected demand for public or municipal services
(such as schools and cultural institutions, fire and police, medical
and social services, water and sewer, waste disposal, administrative
and inspection services), historical and visual compatibility, revenues
to the town, voluntary contributions and services, and the effects
of the project failing, not living up to the projections, or having
to modify structures and uses for economic reasons. The assessment
shall also consider fiscal or economic impacts, and compatibility
with the town Master Plan and other plans and development policies,
and shall explain and evaluate any zoning changes or variances sought
or obtained.
(3)
Procedure.
(a)
Any person desiring review of a site plan under this Section
shall submit eight copies of said plan to the Planning Board. Upon
receipt of all required items, the Planning Board shall distribute
copies thereof to the Conservation Commission, Chief of Police, Chief
of Fire Department, Public Works Commissioner, Building Commissioner,
Design Review Advisory Board, Board of Selectmen, and other boards
or officials believed by the Planning Board to be affected. Such agencies
shall, within 35 days of receiving said copy, report to the Planning
Board on (1) the adequacy of the data and the methodology used by
the applicant to determine impacts on the proposed development, and
(2) the effects of the projected impacts of the proposed development.
Said agencies may recommend conditions or remedial measures to accommodate
or mitigate the expected impacts of the proposed development.
(b)
Failure by any such 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 that agency, the proposed project
will have no adverse impact.
(c)
The Planning Board shall not render a decision on said application
until it has received and considered all reports requested from Town
departments and board, or until the thirty-five-day period has expired,
whichever is earlier. Where circumstances are such that the thirty-five-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)
The Planning Board shall hold a public hearing on any properly completed application within 65 days after filing, shall properly serve notice of such hearing, shall render its decision within 90 days of the close of said hearing, and shall file its decision in accordance with G.L. Chapter 40A, Section 9. The hearing and notice requirements set forth herein shall comply with the requirements of G.L. Chapter 40A, Sections 9 and 11. All costs of the notice requirements shall be at the expense of the applicant. In the aspects not covered by this Bylaw, the procedure for review and approval of site plans shall be as provided in General Laws, Chapter 40A for Special Permits, with the Planning Board being the Special Permit Granting Authority. The application for Special Permit(s) and the application for site plan review may be one application, shall be submitted at the same time, and shall be reviewed by town boards, noticed and heard at the same public hearing following the procedures set forth herein. The Planning Board shall issue one written decision addressing compliance with both the Special Permit criteria in § 280-9.3B and the criteria under Subsection H(8) herein.
(4)
Site plan fee. The Planning Board shall adopt and may, from
time to time, revise by vote at a duly-posted meeting its processing,
filing, and consultant review fees for site plan reviews in this District.
The cost of consultant review and inspections shall be borne by the
applicant, who shall be billed for costs in excess of the initial
review fee, and shall be refunded any part of the fee not used, together
with any interest accrued thereon. The schedule of Planning Board
fees shall be available at the offices of the Town Clerk and the Planning
Board.
(5)
Approved plan prerequisite to issuance of building permit. No
building permit shall be issued under this Section until a final site
plan, or amicable components thereof, have been approved or deemed
to have been approved by the Planning Board.
(6)
Expiration of approval prior to commencement of development.
Any approval of a site plan which has been granted pursuant to this
Section shall lapse if initial construction of a development which
has been approved by the Planning Board has not commenced, except
for good cause, within 24 months from the date of approval of the
site plan and, in such case, the approval shall be deemed expired
and the building inspector shall forthwith take the necessary steps
to enforce this Subsection; provided, however, the Planning Board
may further extend the expiration of such approval by an additional
24 months for good cause. If initial construction timely commences
for a project, approval of the site plan for the entire project shall
not thereafter lapse or be deemed expired and the building permits
shall not be revoked, notwithstanding that the construction of the
project is in phases or does not continue uninterrupted through completion.
(7)
Modifications to approved site plans. If an owner wishes to
modify an approved site plan, he may submit a revised site plan to
the Planning Board for review and approval, and the same standards
and procedures applicable to the review of the original site plan
shall apply to such revised site plan; provided, however, that the
Planning Director may approve minor modifications to an approved site
plan or determine that the change is so significant that review by
the Planning Board is required.
(8)
Standards and criteria for review and final action. In acting
under this Section, the Planning Board shall review a site plan to
ensure that the public health, safety, and welfare are best served
in light of the following criteria:
(a)
The provisions for vehicular loading and unloading, parking,
and for vehicular circulation on the site and onto adjacent public
streets and ways will promote safety and safe traffic control and
flow;
(b)
The bulk, location, density, setback, and height of proposed buildings and structures, and paved areas and the proposed uses thereof are in conformity with the requirements of this § 280-7.6 and of the Zoning Bylaw.
(c)
The provisions for on-site landscaping will provide a visual
buffer to neighboring properties;
(e)
The site plan will provide for adequate and proper drainage,
sewage disposal, solid waste disposal, and recycling, and water supply;
(f)
The provisions for exterior lighting will promote safety to
motorists traveling on adjacent public streets;
(g)
The proposed development will provide adequate access to the
site, or to the buildings on the site, for emergency vehicles;
(h)
Other environmental impacts will be adequately mitigated; and
(i)
Impacts upon municipal services will be adequately addressed.
(9)
Findings and decisions. All findings of the Planning Board shall be in writing, and its determination with respect to site plans shall either be (a) that the site plan conforms to the criteria set forth above, or (b) that the site plan does not conform and specifying with particularity how it does not conform and how it may be modified to conform. The foregoing procedure is intended to afford the Planning Board the opportunity to assure that the dimensional and other requirements of the Zoning Bylaw have been met and to impose reasonable conditions to mitigate anticipated impacts. It is presumed that a site plan submitted to the Planning Board which complies in all respects with the dimensional, use, and other requirements of this Section will be approved by the Planning Board or will be approved only with such reasonable and specific suggested modifications or conditions specified by the Planning Board which will cause the site plan to conform with the criteria set forth above. As part of this site plan review procedure, the Planning Board may modify the design, landscaping, and screening requirements for parking lots set forth in §§ 280-5.1 and 280-5.2 of the Zoning Bylaw if deemed consistent with the objectives and overall appearance of the campus. The Planning Board may not modify the setback requirements from adjoining residential districts required by Subsection E, Table 7, Footnote 4 above.
(10)
Appeal. Any person aggrieved by any action of the Planning Board under this Subsection H (and under § 280-9.3 if a Special Permit is being requested at the same time) shall be entitled to appeal therefrom to a court of competent jurisdiction within 20 days following the Planning Board's filing of its decision with the Town Clerk pursuant to General Laws, Chapter 40A, Section 17.
An accessory dwelling unit may be created by Special Permit
from the Board of Appeals in Single Residence A and Single Residence
B upon the determination that all of the following conditions have
been met:
A.
No more than one accessory dwelling unit shall be allowed per lot.
B.
The lot on which the dwelling unit is located contains at least 10%
greater land area than required by the dimensional regulations for
its district.
C.
The proposed dwelling unit is accessory to the principal residence
and either the proposed dwelling unit or the principal residence is
occupied by the owner of the lot on which the dwelling unit is located.
D.
The proposed dwelling unit shall be designed for two persons and
shall not be occupied by more than two persons.
E.
The building in which the proposed dwelling unit is to be located
existed on the date of the adoption of this subsection of the Bylaw.
F.
The Special Permit, if granted, shall clearly state that it is not
transferable to a purchaser of the lot, and shall require, as a condition
of its validity, that a certified copy of the permit be filed with
the Registry of Deeds by the applicant.
G.
Exterior alterations required to meet applicable building, fire,
or health codes are permitted and must be designed to conform to the
architectural integrity of the structure and the residential character
of the neighborhood.
H.
The accessory dwelling unit created shall be a minimum of 350 square
feet and a maximum of 1,000 square feet or 33% of the total building
size in the dwelling structure, whichever is less.
I.
One parking space shall be provided and designated for each accessory
apartment established in addition to the prior requirements for the
property. Such parking space shall be created in conformance with
all applicable dimensional requirements and screened appropriately
from abutting properties.
J.
Alterations to the building dwelling unit shall be designed to be
compatible with the surrounding residential district, and shall not
create a second entrance in the front of the building.
K.
The Board shall review and approve the septic system on site as part
of the approval process.
L.
Any Special Permit granted pursuant to this section shall require
that the applicant request certification of the permit every three
years, and failure to request such certification shall cause the permit
to lapse.
[Added 5-21-2018 ATM
by Art. 20]
A.
Purpose.
(1)
To encourage and promote the development of safe and comfortable
market-rate and affordable dwelling units for persons 55 years of
age or over with minimal impacts on Town services.
(2)
To provide alternative housing choices for a maturing population
that reduces resident's burdens of property maintenance and are more
affordable than traditional single-family dwellings.
(3)
To encourage efficient land use and provide flexible development
standards that support such dwelling units.
B.
General.
(1)
For purposes of this By-Law, an Age Restricted Housing Development is a multi-family residential housing complex with the occupancy of the dwelling units contained therein designed and intended for persons 55 years of age or over to the extent permitted by and allowed pursuant to Subsection 6 of Section 4 of Chapter 151B of the General Laws of Massachusetts and 42 USC 3601, et seq, and other applicable laws, and which otherwise is permitted under and complies with the terms and conditions of this § 280-7.8
(2)
Age Restricted Housing Developments may be permitted in the RDO Zoning District upon the granting of a Special Permit by the Dedham Planning Board, subject to the requirements, conditions, and limitations set forth in this § 280-7.8.
(4)
If such application or project also requires other Special Permits,
the Planning Board shall be the Special Permit Granting Authority
(SPGA) for all such Special Permits.
C.
Conditions, restrictions, and requirements.
(1)
Dimensional regulations.
(a)
Dimensional requirements including the number and type of allowable dwelling units shall be determined and specified by the Planning Board in the MNP Special Permit pursuant to §§ 280-6.3, 280-9.3, and 280-9.4, provided, however, that notwithstanding any other section of the Zoning By-Law to the contrary, the following requirements shall be applicable to an Age Restricted Housing Development:
|
Minimum Lot Frontage
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300 feet
|
|
Minimum Lot Area
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5 acres
|
|
Maximum Floor Area Ratio
|
1.0
|
|
Maximum Height
| |
|
Minimum Front Yard
|
20 feet
|
|
Minimum Rear Yard
|
25 feet
|
|
Minimum Side Yard
|
20 feet
|
|
Maximum Number of Dwelling Units
|
30 units per acre
|
(b)
At least a portion of the lot on which an Age Restricted Housing
Development is situated must be located within 500 feet of a major
shopping center, as measured from property line to property line.
For purposes of this By-Law, a major shopping center shall be defined
as a commercial development operated under a common name or scheme
and containing a minimum of 50,000 square feet of gross floor area
dedicated to retail and/or restaurant uses.
(2)
Off-Street parking and landscape requirements.
(a)
The off-street parking, landscaping, and open space requirements set forth in this Subsection C(2) shall be applicable to an Age Restricted Housing Development and shall supersede any contrary or inconsistent requirements set forth elsewhere in this Zoning By-Law.
(b)
All Age Restricted Housing Developments shall provide 1.35 parking
spaces per dwelling unit.
(c)
Parking spaces in parking garages and decks at Age Restricted
Housing Developments shall have a width of nine feet and a length
of 18 feet exclusive of any overhang of a curb or barrier. Parking
garages or decks need only provide one two-way access.
(d)
In lieu of the requirements of § 280-5.2B(1) and (3), a landscaped strip of at least 15 feet shall be provided along the front, rear, and side lot lines of an Age Restricted Housing Development, provided, that any portion of said strip in a wetland resource or buffer may be left in its undisturbed natural condition, and provided, further, that pedestrian sidewalks and vehicular access, including for safety and emergency vehicles, may be allowed within said strip.
(3)
Residency, affordability, and local preference requirements
and restrictions.
(a)
Age restriction. The Age Restricted Housing Development shall be subject to an age-restriction as follows: All of the dwelling units at the Age Restricted Housing Development shall be occupied by at least one person who is age 55 or older (the Qualified Occupant) so long as the provisions of the Housing Laws (defined below), as may be amended, are not violated by such occupancy (the "Age Restriction"). The Age Restriction is intended to be consistent with and is set forth in order to comply with the Fair Housing Act, 42 USC Section 3601 et seq., as amended, the regulations promulgated thereunder, 24 CFR Subtitle B, Ch. 1, section 100.300 et seq. and G.L. c. 151B, Section 4 (the Housing Laws). This condition shall be incorporated into the Special Permit and lease agreements, if any. This Age Restriction shall be subject to review and approval by the Board and approved as to form by Town Counsel prior to the issuance of a certificate of occupancy for any dwelling unit. Notwithstanding anything herein to the contrary, in the event that a unit under lease ceases to be occupied by a Qualified Occupant and is occupied by a non-Qualified Occupant, the non-Qualified Occupant may continue to occupy the unit for one year beyond the term of any then existing lease.
[Amended 5-21-2019 ATM
by Art. 20]
(b)
A minimum of 10% of the total number of dwelling units in an
Age Restricted Housing Development shall be restricted, designated,
and dedicated as affordable dwelling units. The affordable dwelling
units under this By-Law shall be Local Action Units developed in compliance
with and approved pursuant to the requirements for the same as specified
by Commonwealth of Massachusetts Department of Housing and Community
Development (DHCD), or successor agency, or (if approved by the Planning
Board) affordable dwelling units developed under such additional programs
adopted by the Commonwealth of Massachusetts or its agencies. All
such affordable dwelling units shall count toward the Town of Dedham's
requirements under Sections 20-23 of Chapter 40B of the General Laws
of Massachusetts, and shall be listed on the Subsidized Housing Inventory
(SHI) maintained by DHCD. The developer shall assist the Town in the
preparation of any forms required.
(c)
To the extent permitted by applicable law, and after approval
by DHCD, otherwise qualified Dedham residents shall have a first opportunity
and preference for the affordable dwelling units in an Age Restricted
Housing Development. For purposes of this requirement, "Dedham residents"
shall be defined as a current Town of Dedham resident (as established
through certification by the Dedham Town Clerk based on census, voting
registration, or other acceptable evidence), or the parent, child,
sibling, spouse, aunt, nephew, niece, or grandparent of a current
Town of Dedham resident, or a current employee of the Town of Dedham.
(d)
The above requirements and restrictions shall be in place in
perpetuity or such maximum time as may be allowed under applicable
law. Such requirements and restrictions shall be articulated in the
decision of the Planning Board and in such other recordable documents
as determined appropriate by the Planning Board.
(4)
Infrastructure.
(a)
Water and sewer. An Age Restricted Housing Development shall
be connected to municipal water and sewer. All costs associated with
the extension of existing facilities to serve the development shall
be borne by the applicant or developer.
(b)
Roads. All traveled ways within an Age Restricted Housing Development
shall be privately maintained with respect to roadway upkeep and snow
and ice removal.
(c)
Refuse and recycling. Collection and disposal of all refuse
and recycling materials will be provided privately.
(d)
Utilities. To the extent practicable all utilities on the site
shall be installed underground.
(5)
Uses regulations.
(a)
Except as provided herein no commercial use and no second principal
use shall be allowed on any lot containing an Age Restricted Housing
Development.
(b)
An Age Restricted Housing Development may provide operation
and/or supportive services including, but no[1] limited to, local transportation, valet, concierge, food
and meals, cafeteria, sale of sundries for personal consumption, third
party care services, and similar amenities, provided:
[1]
Such are available to and serve only the residents, guests,
and employees of the Age Restricted Housing Development;
[2]
Such uses are conducted within and may be entered only from
the principal building.
[3]
There is no external evidence of such uses beyond the Age Restricted
Housing Development lots.
[1]
Editor's Note: So in original; should be "not."
(c)
The following accessory uses shall be allowed in connection
with an Age Restricted Housing Development:
[1]
Parking decks, garages, and lots for the parking of automobiles incidental to the Age Restricted Housing Development. Notwithstanding any provision of the Zoning By-Law to the contrary, parking decks and garages shall be subject to the setback requirements of Subsection C(1)(a).
[2]
Indoor and/or outdoor community and gathering room, spa, lounge,
cafe, or facility for the use by the residents for visiting and welcoming
areas, community office space, meetings, functions, and similar uses
compatible to an Age Restricted Housing Development.
[3]
Single story buildings to house snow removal, lawn maintenance,
and recreational equipment.
[4]
Garages for common use vehicles owned by the operating entity
and used in connection with the Age Restricted Housing Development.
[5]
Swimming pools, tennis, shuffleboard, fitness center, and other
recreational courts, walking paths, sitting areas, and similar facilities
and amenities, provided the same are available to and serve only residents,
guests, and employees of the Age Restricted Housing Development.
[6]
Leasing, management, housecleaning, and similar facilities.
[7]
Such other accessory uses as are customarily incidental to and
necessary for an Age Restricted Housing Development.
[Added 11-30-2020 STM by Art. 25]
A.
Purpose.
The purpose of this section is:
(1)
To
increase the supply of housing stock in the Town of Dedham that is
permanently available to and affordable by low- and moderate-income
households;
(2)
To
encourage greater diversity of housing accommodations to meet the
needs of Dedham residents and local employees; and
(3)
To
develop and maintain a satisfactory proportion of the Town's housing
stock as affordable housing units, deed restricted per eligibility
on the Subsidized Housing Inventory (SHI).
B.
Applicability. This Affordable Housing Bylaw shall apply to all projects where a special permit and/or variance is sought from any Town board or body to construct a Mixed-Use Project under § 280-7.4 or an Age Restricted Project under § 280-7.8, of 10 rental dwelling units or more. The provisions of this § 280-7.9 shall apply to all such Projects in all zoning districts of the Town.
C.
AFFORDABLE HOUSING
AFFORDABLE TO PERSONS OR FAMILIES QUALIFYING AS LOW INCOME or
LOW INCOME HOUSEHOLDS
AFFORDABLE TO PERSONS OR FAMILIES QUALIFYING AS MODERATE INCOME
or MODERATE INCOME HOUSEHOLDS
INCLUSIONARY PROJECT
Definitions. The following definitions shall apply in this § 280-7.9:
Shall mean housing affordable to low or moderate income households,
as defined below.
Shall mean affordable to persons in the Dedham area under
the applicable guidelines of the Commonwealth's Department of Housing
and Community Development earning less than 50% of the area median
in come ("AMI") adjusted for household size.
Shall mean affordable to persons in the Dedham area under
the applicable guidelines of the Commonwealth's Department of Housing
and Community Development earning more than 50% but less than 80%
of the AMI, adjusted for household size.
A Mixed Use Project developed under § 290-7.4,
or an Age Restricted Project developed under § 290-7.8 to
construct 10 rental dwelling units or more.
D.
Special Permit Granting Authority ("SPGA"). For a Mixed-Use Project under § 280-7.4, or an Age Restricted Project under § 280-7.8, the Special Permit Granting Authority ("SPGA") shall be the Planning Board. An application for a special permit shall comply with the rules and regulations of the applicable SPGA.
E.
Required
Moderate Income Housing. In order to be eligible for the grant of
a special permit, the following requirements shall be met:
(1)
All
such Inclusionary Projects are required to provide 15% of their units
for rent to moderate income households.
(2)
When
the applicant for an Inclusionary Project proposes to provide more
than the required 15% of all units for moderate income households,
or, in the alternative, proposes to provide some of the required units
as units for households with an income of less than 60% of AMI, adjusted
for household size, the SPGA may grant a density bonus of not more
than 15% of the total number of units.
F.
Provision
of Affordable Units. The required affordable housing in an Inclusionary
Project may be met in one of the following ways. The developer as
part of his/her special permit application shall include a proposal
to address this requirement.
(1)
The
SPGA may require the low and/or moderate-income housing units to be
constructed on the same site as other market rate units and indistinguishably
interspersed throughout the Inclusionary Project (except as provided
for below). In all cases, the low and/or moderate-income housing units
to be provided shall be equal in quality, materials and character
to the base level market rate units in a development.
(2)
For
Inclusionary Projects providing 15 units or less, instead of constructing
new units or rehabilitating existing units as set forth above, the
developer may request the SPGA to accept a payment in lieu to a designated
governmental or nonprofit housing entity or, the developer may request
the SPGA to accept a payment in lieu to the Town.
(3)
The
amount of any payment in lieu shall be determined by the following
formula: the proposed average fair market value of all the proposed
dwelling units, as certified by a qualified appraiser or the Town
Assessor, and multiplied by 0.15. Said payment in lieu shall be made
prior to the issuance of any certificate of occupancy.
G.
Rental
of Low and Moderate Income Housing Units.
(1)
Low
and/or moderate-income housing units shall be made available to persons
eligible for low and/or moderate-income housing as per the regulations
of the Commonwealth's Department of Housing and Community Development
(DHCD). The units shall remain available for perpetuity or such maximum
time as may be allowed under applicable law.
H.
Fractional
Share. In determining the number of low and moderate-income units
to be provided, a fractional share of 0.4 or more shall be regarded
as a whole unit and a fractional share of 0.3 or less shall require
no contribution to satisfy the fractional share.
I.
Preference.
(1)
The
affordable dwelling units under this By-Law shall be Local Action
Units developed in compliance with and approved pursuant to the requirements
for the same as specified by Commonwealth of Massachusetts Department
of Housing and Community Development (DHCD), or successor agency,
or (if approved by the Planning Board) affordable dwelling units developed
under such additional programs adopted by the Commonwealth of Massachusetts
or its agencies. All such affordable dwelling units shall count toward
the Town of Dedham's requirements under Sections 20-23 of Chapter
40B of the General Laws of Massachusetts, and shall be listed on the
Subsidized Housing Inventory (SHI) maintained by DHCD. The developer
shall assist the Town in the preparation of any forms required.
(2)
To
the extent permitted by applicable law, and after approval by DHCD,
otherwise qualified Dedham residents shall have a first opportunity
and preference for the affordable dwelling units in an Inclusionary
Project. For purposes of this requirement, "Dedham residents" shall
be defined as a current Town of Dedham resident (as established through
certification by the Dedham Town Clerk based on census, voting registration,
or other acceptable evidence), or a current employee of the Town of
Dedham or business establishment located in Dedham, or households
with children attending the Dedham Public Schools.
J.
Timing.
If the project is built in phases, a proportionate share of low and/or
moderate income units shall be built in each phase as determined by
the SPGA in the special permit decision.
K.
Designated
Housing Entity. In lieu payments received under the provisions of
this Section shall be paid to the Town or to an entity to be established
by the Town, including an Affordable Housing Trust Fund pursuant to
G.L. c. 44 s. 55C, for the purpose of increasing the supply and/or
quality of affordable housing in Dedham.
