For the purposes of this Zoning Bylaw Article
22, the following terms and words are given the meanings stated below:
CO-WORKING SPACE
A building or portion thereof consisting of a shared office
environment, which contains desks or other workspaces and facilities,
including, but not limited to, dedicated workstations, office suites,
meeting rooms, event space, resource libraries, and business or administrative
support services, and is used by a recognized membership who share
the site to interact and collaborate with each other as part of a
community. Rules for membership and participation in the co-working
space are explicit, transparent, and available to the public. Co-working
spaces may host classes or networking events which are open either
to the public or to current and prospective members.
TEMPORARY HVBOD USE
A programmed activity, retail, food-related, or water-dependent
use that is available seasonally and serves the public. Such use may
include one or more of the following: a seasonal or regularly scheduled
outdoor exercise class or other group activity; a kiosk, stand, or
truck selling goods or food; and a kayak, paddleboard, or other non-motorized
boat rental.
In addition to the requirements and procedures set forth in §
300-12.4, applications for special permits in HVBOD shall be subject to the additional required performance standards included in this §
300-22.6.
A. In addition to other findings of compliance as required pursuant to this bylaw, a special permit shall not be granted by the Cohasset Planning Board unless and until the Cohasset Planning Board has issued written findings certifying compliance with the performance standards of this §
300-22.6, as follows:
(1)
The maximum allowable floor area ratio (FAR) shall be 1.0; however,
the maximum allowable FAR may be increased by the special permit granting
authority, provided that any such increase in FAR shall not entitle
the applicant to relief from other dimensional requirements of this
bylaw and the approved use with a FAR greater than 1.0 will provide
a public benefit in addition to those necessary to meet all the other
requirements of this bylaw, including but not limited to: construction
of off-site infrastructure serving a public purpose, such as parking
and streetscape improvements, or exceeding the requirements under § 300-4.3N,
with inclusionary zoning units located within HVBOD or on the project
site.
(2)
The total residential gross floor area of a dwelling unit in
the HVBOD shall be not less than 700 square feet nor more than 3,000
square feet.
(3)
Ground floor parking must be screened from view of the public
right-of-way by landscape treatment appropriate to the area as determined
by the special permit granting-authority.
(4)
For waterfront projects within or partially within the jurisdiction
of Chapter 91 of the Massachusetts General Laws, the applicant must
meet the requirements for open space and facilities of public accommodation
as defined by Chapter 91 or by the requirements of a state-approved
Municipal Cohasset Harbor Plan, when such plan is in effect. At a
minimum, the applicant must provide open space, including a walkway,
that is accessible to the public and that connects to a public right-of-
way and to a harbor-wide walkway, should such walkway be built. The
applicant must also provide a view corridor easement that aligns with
the southern edge of Elm Street, allowing visual access across the
parcel to Cohasset Harbor from the public right-of-way.
(5)
In addition to the required performance standards in this §
300-22.6, the Cohasset Planning Board may adopt regulations establishing additional design guidelines for development in HVBOD.
(6)
In granting a special permit, the Cohasset Planning Board may
impose conditions on building and site design to ensure the architectural
compatibility with the surrounding neighborhood, and to ensure consistency
with approved design guidelines.
(7)
The Cohasset Planning Board shall not take final action on a
special permit application proposing any expansion or exterior renovation
of a building in the HVBOD that was built prior to January 15, 1955,
until first requesting, in addition to those reports detailed in § 300-12.4B,
a report thereof from the Historical Commission, or until the Historical
Commission has allowed 35 days to elapse after receipt of a copy of
such application without submission of a report. Reasons for not accepting
any of the comments and recommendations of the Historical Commission
shall be noted by the Cohasset Planning Board in the final action
on the application.
B. In HVBOD, the Cohasset Planning Board may allow dwelling units on
ground floors of buildings only where:
(1)
A minimum of 15% of the building area (excluding basement and
underground parking) is dedicated to publicly accessible ground floor
commercial or nonresidential (excluding parking) uses, including seasonal
commercial uses. Of this 15% minimum, a maximum of 5% of the total
building area may be dedicated to outdoor seasonal use, such as the
outdoor eating area for an adjacent café or restaurant or for
seasonal temporary uses. For a project adjacent to the waterfront,
10 feet of the twenty-five-foot setback required from the shoreline
may be included in this required area. Notwithstanding the foregoing,
the special permit granting authority may waive this minimum if the
applicant provides sufficient evidence of active uses on the ground
floor.
(2)
For waterfront projects, the location of the dwelling units
on the ground floor is not in conflict with the requirements of Chapter
91, and a state-approved Municipal Cohasset Harbor Plan.
(3)
The applicant demonstrates, and the special permit granting
authority specifically finds, that first floor residential uses will
not have an adverse impact on the continuity of any retail or services
uses located adjacent to a public right-of-way, including the shoreline
of the Cohasset Harbor.
C. The Cohasset Planning Board shall be the special permit granting authority for uses identified by the letters "SPP" in §
300-4.2, the Table of Principal Use Regulations. A special permit issued pursuant to this Zoning Bylaw Article
22 shall not be a substitute for compliance with §
300-12.6, Site plan review, of this Zoning Bylaw where such compliance is required pursuant to applicable law. The grant of a special permit pursuant to this Zoning Bylaw Article
22 shall not constitute a waiver of any requirement of §
300-12.6. However, to facilitate processing, the Cohasset Planning Board as special permit granting authority may accept a combined plan and application which must satisfy all applicable requirements of this Zoning Bylaw, including without limitation the requirements of §
300-12.4, §
300-12.6, this Zoning Bylaw Article
22 and the rules of the special permit granting authority relative to issuance of special permits.
[Amended 11-13-2023 STM by Art. 13]