[Added 2-24-2022 STM by Art. 5]
The purpose of this overlay is to regulate the development of
multifamily dwelling units by establishing eligibility requirements
and reasonable conditions for construction, in conformance with Chapter
358 of The Acts of 2020 and MGL c. 40A, § 5.
B.
The Multifamily Housing Overlay District regulations of this article
shall be the sole regulation for properties in the UMW MFOD. Except
as specifically incorporated herein, any other provisions of the Town
of Chelmsford Zoning Bylaws ("Bylaws") shall not apply to a development
of multifamily dwelling units or age-restricted multifamily dwelling
units under this overlay. Any owner of property in this UMW MFOD may
choose to develop their property under the underlying zoning without
regard to the UMW MFOD. If not already specifically incorporated elsewhere
in the UMW MFOD, the UMW MFOD specifically incorporates the following
sections of the Bylaws:
Multifamily dwellings featuring 100% affordable housing units,
with such units affordable to households making no more than 80% of
Area Median Income.
A multifamily dwelling designed for and occupied by three
or more family dwelling units, in any configuration, in one building
or multiple buildings (whether or not attached) on a single lot, and
the buildings accessory thereto.
Multifamily dwellings or affordable housing multifamily dwellings
designed under the UMW MFOD shall meet the following standards:
A.
Any development site proposed for multifamily dwellings shall have
a minimum lot area of 10 acres and a minimum frontage of 50 feet on
a public or private way that is open for public use. However, the
Planning Board may waive the minimum lot frontage on a public or private
way open to public use, provided that a substitute private access
road into the site area will be constructed with the reduced frontage.
Provided that a lot created pursuant to the UMW MFOD shall not be
required to obtain access through the lot's legal frontage and projects
may have shared driveways; or
B.
Any development site proposed for affordable housing multifamily
dwellings shall have a minimum lot area of two acres and a minimum
frontage of 20 feet on a public or private way that is open for public
use or on a driveway. However, the Planning Board may waive the minimum
lot frontage on a public way, private way open to public use, or on
a driveway, provided that a suitable private access road into the
site area can be constructed with the reduced frontage. Provided that
a lot created pursuant to the UMW MFOD shall not be required to obtain
access through the lot's legal frontage and projects and lots may
have shared driveways.
C.
Any roadway or access drive located within 50 feet of a property
line shall be shielded from the property line by a buffer of vegetated
screening satisfactory to the Building Commissioner for any "by right"
project and the Planning Board, for projects requiring site plan approval,
between the roadway and property line for the entire length of the
roadway within the fifty-foot area. Provided that lots created pursuant
to the UMW MFOD shall not be required to provide such buffer between
lot lines shared with other lots in the UMW MFOD.
D.
The required minimum distance between buildings that are structurally
connected by roofing, fencing, or other means that is not enclosed
or heated shall be determined by the Building Commissioner for "by
right" projects and the Planning Board for projects requiring site
plan approval. Other dimensional parameters shall be determined based
on aesthetics, practicality of design, and the design's effect on
the development.
E.
Within the UMW MFOD all dwelling units shall comply with the following
minimum net floor area requirements, measured as living area, unless
the Planning Board authorizes a reduction by waiver during the site
plan approval process:
A.
Maximum density shall be 15 dwelling units per acre for multifamily
dwellings and shall be 30 dwelling units per acre for affordable housing
multifamily dwellings.
B.
No more than 25% of the total site area within the wetlands and/or
floodplain shall be used in calculating maximum density for the site.
The maximum coverage of any lot with multifamily dwellings,
including garages, carports, and surface parking areas, shall not
exceed 45% of the site area. Notwithstanding the foregoing, any lot
with only affordable housing multifamily dwellings may have up to
65% maximum coverage of its site available for use by all buildings,
garages, carports, and surface parking areas.
A.
Building and structure setbacks:
(1)
Front, side and rear yards. No building or structure shall be
erected within 30 feet of any property line abutting a public or private
street, existing as of the date of adoption of this bylaw, or within
20 feet of any other property boundary area, excluding any internal
lot line or roadway created as part of a project within the UMW MFOD.
The maximum building height shall be 56 feet unless waived by
the Planning Board. The maximum number of stories shall be four stories
and there shall be no roof-mounted equipment other than rooftop solar,
which shall not be included in the calculation of building height.
Services. All utilities shall be installed underground unless
otherwise approved by the Planning Board.
Fifty percent of the total lot area for multifamily dwellings
(including wetlands) shall be set aside as recreational and open space.
The open space shall remain free from structures, parking and drives,
and such area shall be left either in its natural state, landscaped,
or developed for outdoor recreational facilities. Outdoor recreational
facilities may include incidental recreational structures such as
boardwalks and pathways, and may also include swimming pools and decks,
patio areas, grill stations, fire pits, hammocks, tables and seating,
playground(s), bocce turf courts, landscaping and dog parks and other
similar features. Thirty-five percent of the total lot area (including
wetlands) shall be set aside as recreational and open space in any
lot with affordable housing multifamily dwellings. Any area transferred
to another entity by deed, easement or other similar document that
includes criteria for preservation as open space shall continue to
be included in the recreational and open space and density calculations
for the developed site.
A.
Multifamily dwellings:
(1)
Off-street parking spaces shall be provided at a rate of not
less than 1.6 parking spaces per unit, which shall include both resident
and guest parking and the Planning Board shall have authority during
site plan approval to require up to an additional 65 parking spaces
which shall be banked and shall not be constructed unless warranted
by demand.
B.
Affordable housing multifamily dwellings:
(1)
Off-street parking provision shall be made for not less than
0.9 of a parking space per unit, which shall include both resident
and guest parking.
C.
The required parking spaces may be located on surface parking lots,
in accessory garages, in a dedicated parking area on the lot. When
the parking spaces are located outside, the area used for parking
shall be graded and drained so as to prevent surface water accumulation
within the parking area and to prevent surface water runoff to an
adjoining property or the public way. During site plan review, the
Planning Board may permit a reduction in the size of some parking
spaces to allow compact parking spaces.
D.
Dimensions of outdoor parking spaces shall be a minimum of nine feet
by 19 feet.
E.
Dimensions of indoor parking garage spaces shall be a minimum of
nine feet by 18 feet.
A.
Perimeter buffer. Where existing dense plantings do not exist, the
perimeter of the developed portion of a project site shall be supplemented
with landscaping that will serve to reduce abutters' view of the project
and enhance existing mature vegetative buffer where possible. A perimeter
fence may be installed within required setbacks to provide additional
physical barriers for security and/or additional screening.
B.
Parking buffer. There shall be plantings along the edge and interiors
of the surface parking areas to mitigate the heat island effect caused
by surface parking. Efforts will be made to ensure that any plantings
within the parking area will visually connect the project with the
existing mature vegetation buffer.
C.
Landscaping around structures. There shall be plantings along the
perimeter of the buildings where possible and consistent with the
Massachusetts Fire Code.
A.
The material selections and detailing of the proposed buildings will
be consistent with New England architecture complementing the surrounding
neighborhood.
B.
Residential buildings shall be constructed with a minimum of two
stories.
C.
A lighting plan shall be required in conjunction with the site plan review. Lighting shall be designed to illuminate the subject property and shall not encroach onto abutting properties. All lighting shall be directed away from adjoining property with no light spillover and shall comply with § 195-34 of the Bylaws.
C.
Narrative analyses of the consequences of the proposed development,
including evaluation of the following concerns at a level of detail
appropriate to the scale of development proposed, as determined by
the Planning Board:
(1)
Natural environment. Groundwater and surface water quality,
groundwater level, stream flows, erosion and siltation, vegetation
removal (especially rare species and mature trees) and wildlife habitats.
(2)
Public services. Traffic safety and congestion, need for water
system improvements and need for public sewerage.
(3)
Visual environment. Visibility of buildings and parking and
visual consistency with existing development in the area.
A.
Approval of a site plan shall remain valid and shall run with the
land indefinitely, provided that a valid building permit has been
issued and construction has commenced, including site work, within
three years after the site plan approval decision issues, which time
shall be extended by the time required to adjudicate any appeal from
such approval. For purposes of projects that are phased, the commencement
of construction or substantial use on any project phase shall constitute
commencement of construction of all remaining phases of the project.
This three-year period may also be extended for a specific period
of time by majority vote of the Planning Board if it finds the project
proponent is actively pursuing other required permits for the project
or that there is other good cause for the failure to commence construction
within the three-year period. Requests for extensions must be filed
with the Planning Board prior to the expiration of the three-year
period.
B.
If submittal of a building permit application has not been made within
three years after the decision is issued (or any Planning Board approved
extension of the three-year period), then site plan review approval
shall be null and void, and no construction shall thereafter commenced
unless a new site plan review is approved in accordance with the provisions
of this section.
The Planning Board is specifically authorized to waive any requirements
in the UMW MFOD. The Board shall base its decision upon findings that
the waivers will provide for improved aesthetics created by the design,
and practicality of design to lessen environmental, neighborhood,
and public service impacts and provided that the Planning Board shall
consider, as applicable to the proposed waivers:
A.
Social, economic or community needs which are served by the proposal;
B.
Traffic flow and safety, including parking and loading;
C.
Adequacy of utilities and other public services;
D.
Neighborhood character and social structures;
E.
Impacts on the natural environment; and
F.
Potential fiscal impact, including impact on Town services, tax base
and employment.
Any decision issued by the Planning Board under this UMW MFOD
may be appealed to a court of competent jurisdiction pursuant to MGL
c. 40A, § 17.
In the event that one or more of the provisions of this article
are determined to be illegal or unenforceable by a court of competent
jurisdiction, then the illegality or unenforceability of any such
provision shall not affect the validity of any other provision of
this article which remains in full force and effect.
