[Added 2-3-2020 by Ord. No. 19-107]
The Historic Mill Overlay District (HMOD) is recognized as a special location and place to be protected as a community resource because it represents an important part of the Town's heritage and because its unusual character creates an identity for Weymouth today.
The HMOD ordinance is established first and foremost to promote preservation of a historic resource, the George E. Keith Company Shoe Mill at 44 Wharf Street (parcel ID 19-172-25), through adaptive re-use and to encourage the transformation of industrial/commercial uses to residential uses. It encourages:
A. 
Adaptive reuse and site redevelopment for residential uses that are economically viable.
B. 
Allow redevelopment for multifamily residential uses which are sensitive to the surrounding established uses.
C. 
Opportunities for affordable housing.
D. 
Opportunities for additional public access to Osprey Overlook Park and connections to the Back River Trail.
E. 
Connections to the commuter rail station.
The HMOD includes the Industrial (I-2) Zoning District bounded by Wharf Street and East Street as well as one R-1 property on East Street. This zoning district is shown on the map entitled "Historic Mill Overlay," dated November 22, 2019, and prepared by the Town of Weymouth, on file with the Town Clerk and hereby made a part of this ordinance. Specifically, the properties within the HMOD include Weymouth assessor's Parcel Numbers: 19-172-25, 19-172-26, 19-172-31, 19-251-8, 19-172-11.
A. 
The HMOD shall not restrict the rights of any owner who elects to utilize the existing underlying zoning district regulations of the Weymouth Zoning Ordinance to develop or redevelop land. If an owner elects to utilize the HMOD to develop or redevelop land, the project shall conform to all applicable requirements of this district, including any regulations or guidelines that may be adopted to support this district.
B. 
In the HMOD, all requirements of the underlying district(s) shall remain in effect except where these regulations supersede or provide an alternative to such requirements.
C. 
If the provisions of this ordinance are in conflict with any other section of the Weymouth Zoning Ordinance, the regulations of the HMOD shall govern.
A. 
For purposes of this ordinance the Zoning Board of Appeals (BZA) is designated as the special permit granting authority (SPGA) for all uses allowed within the HMOD.
B. 
The decision of the BZA for the HMOD special permit may be approval, approval with conditions, or denial of the requested special permit(s).
C. 
Consistent with Article XXIVA of the Weymouth Zoning Ordinances (Site Plan Review Authority), the Planning Director will perform site plan review, including sign review, for all projects submitted under the HMOD.
D. 
All uses allowed under the HMOD shall be by special permit.
Prior to submitting an application to the Building Inspector for projects under the HMOD, applicants are strongly encouraged to contact the Planning Department and request a preapplication meeting with relevant Town officials. The purpose of the meeting is to present the project concept and discuss zoning, public safety, conservation, historic resources, housing concerns, etc., as applicable, in order to facilitate project development and coordinate the permitting processes. Project proponents are encouraged to bring sufficient information to the meeting to enable attendees to become familiar with the site and the project. This information includes photographs, a map of existing conditions, and a preliminary concept plan for the proposed project.
The BZA and the Planning Director (under site plan review) shall each consider the criteria listed in §§ 120-25.29 and 120-25.30 before issuing a special permit/design review approval for development or redevelopment under the provisions of the HMOD:
A. 
Adequacy of the site for the size of the proposed project.
B. 
Suitability of the site for the proposed use(s).
C. 
Degree to which the proposed project complies with the purposes of the HMOD.
D. 
Extent to which the project contributes to the historic context of the HMOD.
E. 
Extent to which affordable housing is a component of the project; 10% affordable housing should be considered.
F. 
Extent to which the project contributes to public access and/or trail connectivity to land along the Back River Trail and Osprey Overlook Park.
G. 
Impact on traffic and pedestrian flow, safety and access for emergency vehicles.
H. 
Extent to which the project promotes sustainable building and site design.
Design criteria promote quality development that is compatible with the character of the HMOD and the desire for contextual, pedestrian-scaled projects. Compatible design helps to enhance the quality of life for all residents while strengthening the economic viability of the HMOD. The design criteria seek to encourage visual harmony and historic integrity, and encourage creative design solutions. It encourages a variety of choices for achieving design compatibility within the HMOD. The following design criteria shall be used to evaluate all projects that require a special permit and site plan review submitted under the provisions of the HMOD:
A. 
New structures and additions shall relate to the pedestrian scale and residential scale of the surrounding neighborhood by including appropriate architectural details along the ground floor of all facades that face streets, existing residential neighborhood, and pedestrian spaces.
B. 
External building treatments of existing buildings shall relate to and be in harmony with the existing historic structure.
C. 
Continuous lengths of flat, blank walls adjacent to streets and pathways are to be minimized.
D. 
For visibility and accessibility, primary building entrances shall be located on main street frontages, to the extent possible.
E. 
For parking located to the rear or side of the building, these secondary entrances to the building are to be visible and accessible from the parking lot.
F. 
Any alteration to the historic structure shall use materials, colors and textures, massing, size, scale and architectural features that are compatible with the original structure(s). Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize an historic property shall be preserved. Any awnings and canopies shall be compatible with the architectural style of the building.
G. 
All new residential structures approved under the HMOD shall incorporate architectural elements that are compatible with the existing historic mill or housing styles in the surrounding neighborhood.
H. 
Mechanical equipment shall be screened, and if located on roofs, it shall be organized and designed so as not to appear to be a leftover or add-on element and to the maximum extent feasible shall incorporate baffles to mitigate any noises coming from such equipment.
I. 
Projects shall enhance the pedestrian environment and bicycle circulation by providing safe and convenient pedestrian access into plans for existing buildings as well as new construction, and parking areas should be designed in concert with landscaping plans so as to:
(1) 
Minimize the number and size of curb cuts and provide sidewalks along Wharf and East Streets to the extent possible.
(2) 
Provide improvements to pedestrian access to buildings, sidewalks and parking areas with utmost consideration of pedestrian safety, handicapped access and visual quality.
(3) 
Provide pedestrian and/or bicycle paths connecting their site with abutting areas, as feasible, in order to promote pedestrian and bicycle circulation safety in area of the Mill District and Town-owned open space. When parking is located in the rear, pedestrian access via a pedestrian-oriented walkway through to the primary street is encouraged.
J. 
Projects abutting Osprey Overlook Park and the Back River Trail shall ensure that existing public access to this area is maintained, and where none exists, public access is provided consistent with the Town's goal for more and improved trail access.
K. 
As feasible, building rehabilitation and site design will incorporate green building techniques (such as those developed by the U.S. Green Building Council) and low-impact site design techniques aimed at protecting and enhancing the existing natural resources and buffer zones.
L. 
Exposed storage areas, machinery, garbage dumpster, service areas, truck loading areas, utility buildings and structures shall be screened from the view of abutting properties and streets using plantings and/or opaque fences.
M. 
Underground utilities for new and redeveloped buildings are required unless physically restricted or blocked by existing underground obstructions, or not possible due to specific site conditions.
N. 
Landscaping will be a critical component in any project proposal. Landscape plans shall show the type, size and location of all proposed plantings. The plan shall show the location of plantings, including use of plantings to buffer neighboring properties and along the street frontage and pedestrianways.
O. 
Large parking areas or areas greater than 20 parking spaces shall be separated by landscaped islands of eight feet to 10 feet in width or in the alternative shall devote at least 5% of the interior of the parking lot to landscaping. In addition, a minimum of one shade tree shall be planted for every six parking spaces required or built, within appropriate locations on the lot(s). Trees planted within parking areas shall be planted in protected pervious plots of at least 60 square feet of area. In the alternative, if the above parking design standards are not feasible, parking design stands shall utilize low-impact design techniques aimed at enhancing parking area by utilizing landscaping features and greenery that will meet the intent of this subsection.
Except as provided in the Zoning Act, MGL c. 40A, the Weymouth Zoning Ordinance or in this HMOD, no building, structure or land shall be used except for the purpose permitted in the underlying zoning or the HMOD as described. Any use not listed herein shall be construed to be prohibited.
The following uses are permitted within the HMOD subject to a special permit from the BZA and administrative site plan review by the Director of Planning and Community Development.
A. 
Multifamily housing, including artist housing.
B. 
Live/work units defined as the conversion of an existing commercial, industrial or institutional building into units used jointly for commercial and residential purposes whereby the residential use of the space is secondary or accessory to the principal use as a place of work.
C. 
Two-family dwellings.
D. 
Attached/detached townhouses.
Any residential project within the HMOD consisting of 10 or more residential units shall set aside a minimum of 10% of the units as affordable per U.S. Department of HUD limits for low income (80% or less of the Boston Cambridge Quincy HUD metro area median family income).
In a redevelopment project, a minimum of 75% of the mill building's original exterior characteristics deemed to be of historic architectural significance must be preserved, restored, rehabilitated and redeveloped for residential use only. Determination of architectural and historical significance will be determined by the Planning Director in consultation with the Weymouth Historical Commission. Up to 25% of the existing building's footprint, including any out buildings deemed nonhistoric or structurally unsound, may be demolished and a structure(s) may be built on the demolished structure's footprint, or equivalent separate structure, provided that the new portion is in keeping with the character of the remaining building and does not exceed the height of the highest point of the existing principal mill structure. If the existing square footage of the mill building remains in its entirety, it may be expanded by an additional 15%, either attached to the main building or as a separate building.
The following density requirements will apply to any new construction proposals initiated as the result of the demolition of the entire existing mill building only:
A. 
FAR: 0.30.
B. 
Minimum setbacks.
Front: 25 feet.
Side: 15 feet.
Rear: 20 feet.
C. 
Height: four stories and 50 feet maximum.
D. 
Lot coverage: 60% maximum with minimum 15% of site as open space; no more than 75% of site as impervious.
In addition to the required setbacks, an additional twenty-foot no build buffer will be required when a project abuts existing single-family residential property.
The BZA may consider proposals with more than one principal structure.
The following guidelines will apply to any new construction proposals not covered by 120-25.33:
A. 
FAR: 0.30 for multifamily residential.
B. 
Minimum setbacks.
Front: 25 feet.
Side: 15 feet.
Rear: 20 feet.
C. 
Height: three stories and 40 feet maximum.
D. 
Lot coverage: 60% maximum with 15% of site as open space; no more than 75% of site as impervious.
The following parking ratios will apply to all development proposals within the HMDO:
A. 
Studios and one-bedrooms: 1.5 spaces per unit.
B. 
Two-bedrooms: two per unit.
To promote a pedestrian friendly environment, parking in front of buildings is discouraged. Parking areas shall include provisions for the parking of bicycles in bicycle racks in locations that are safely segregated from automobile traffic and parking. For parking areas of 10 or more spaces, bicycle racks facilitating locking shall be provided to accommodate one bicycle per 20 parking spaces or fraction thereof.
Provisions shall be made for electric charging stations. The provision of electric vehicle charging devices in existing or future parking spaces shall not reduce the number of required spaces. Electric vehicle charging stations on parking spaces that meet the size standards of this ordinance for a parking space shall count as parking spaces in all respects. The number of parking spaces set aside for electric vehicles shall be determined by both the Building Inspector and Planning Director.