[HISTORY: Adopted by the Planning Board of the Town of Marshfield 12-13-2021. Amendments noted where applicable.]
A.
Purpose and authority. The following rules and regulations are hereby adopted by the Marshfield Planning Board as provided in MGL c. 40A for the purpose of establishing uniform procedures for the granting of special permits for mixed-use residential above commercial pursuant to §§ 305-11.16, 305-13.05 and 305-13.11 of the Marshfield Zoning Bylaw. The purposes of these regulations are as follows:
(1)
To provide an opportunity to create residential units above commercial
mixed-use buildings in a manner that provides for a greater range
of housing stock, housing prices and the benefits of residential living
in the downtown or village setting.
(2)
To ensure high-quality site planning, architecture and landscape
design to create a distinct visual character and identity for the
development that provides an environment with safety, convenience
and amenity.
(3)
To ensure any potential traffic, parking, drainage and buffering,
both within and surrounding the property, impacts of the mixed-use
development are properly mitigated and in keeping with the character
of the Town of Marshfield.
B.
Adoption and amendment. These rules and regulations may be adopted
and from time to time amended by majority vote of the Planning Board,
provided such adoption or amendment is submitted in writing at a meeting
of the Board and action thereon taken after a public hearing.
C.
Effective date. These rules and regulations are effective when voted.
A copy shall be filed with the office of the Town Clerk, with appropriate
endorsements, such as date of adoption, date filed with Town Clerk
and dates of amendments.
An application or petition for a special permit may be brought
by a property owner, agent or prospective purchaser who submits certification
of property interest and authority to file such application for the
area of land comprising the application locus.
It is recommended that an applicant meet with the Planning Board
staff and Building Department, Conservation Commission staff, Board
of Health staff, Department of Public Works, etc., prior to submitting
a special permit application. The applicant should provide a concept
plan (for discussion purposes) for said meeting. A pre-application
conference is to assist in the identification of issues and in determining
information necessary to meet the requirements of the Zoning Bylaw
for the application.
A.
Applicants are encouraged to file any other necessary applications
with the Planning Board at the same time so that the hearings may
be held concurrently.
B.
Contents of an application. The completed application form, original mylar plan and three copies of the full set of plans and all required information shall be submitted to the Planning Board. All plans and information shall also be provided to the Board in electronic form (PDF). The Board shall, within 10 days after receipt thereof, distribute such plans as provided in § 415-8A herein.
C.
The following information shall be furnished by the applicant:
(1)
The applicant or applicants must demonstrate proof of ownership of
all property subject to the application or a notarized statement by
the owner(s) of the property authorizing the applicant to file an
application for the property.
(2)
A locus plan at a scale of one inch equals 100 feet, 200 feet, or
400 feet showing the location, names and present widths of the streets
bounding, approaching or within reasonable proximity of the site,
and including the tracts of land, ownership and topography from Assessor's
plans or field survey, if available, of properties within the plan
locus.
(3)
A site plan(s) drawn at a scale of one inch equals 40 feet, unless
another scale is previously requested and found suitable by the Board.
Said site plan shall be prepared and stamped by both a Massachusetts
registered professional engineer and a Massachusetts registered land
surveyor.
(4)
Height of all buildings above average finished grade of abutting
streets, including architectural details, and the amount(s) in square
feet of proposed building(s).
(5)
A traffic study if the land subject to the application will meet the thresholds specified in § 305-11.10 of the Marshfield Zoning Bylaw. Include projected traffic flow patterns into and upon the site for both vehicles and pedestrians and an estimate of the projected number of motor vehicle trips to and from the site for an average day and for peak hours. Proposed traffic mitigation measures applying to both on-site and related off-site conditions, as identified in § 305-11.10C(4), required performance standards, of the Marshfield Zoning Bylaw. The scheduling of mitigation measures shall ensure that said remedies are in place and functioning properly at the time of project occupancy.
(6)
Building elevations and floor plans, and perspective renderings.
(7)
Said site plan(s) shall including the following required elements:
(a)
All existing and proposed buildings, structures, parking areas,
loading areas, driveway openings, driveways, walkways, access and
egress points, service areas, recreation areas and other open spaces,
including dimensions and all elevations.
(b)
Existing and proposed easements within the lot.
(c)
Existing and proposed on-site wells, water supply systems, storm
drainage systems, utilities, sites for enclosed refuse containers
and location and capacity of septic systems.
(d)
Wetlands, streams, bodies of water and drainage swales.
(e)
The location and description of all existing and proposed topographic
features on the lot and adjoining areas within 50 feet of said lot,
including two-foot contours, walks, fences, walls, planting areas
and greenbelts.
(f)
Percent of building lot coverage.
(g)
Impervious surface area and open space (natural and landscaped)
of the lot.
(h)
The distance of existing and proposed buildings from the lot
lines and the distance between buildings on the same lot.
(i)
The location of existing or proposed buildings on the lot shall
be shown with the total square footage and dimensions of all buildings,
design features intended to integrate the proposed new development
into the existing landscape, to enhance aesthetic assets and to screen
objectionable features from neighbors.
(j)
Number of parking spaces, and estimated water consumption and
sewage discharge.
(k)
Location of outdoor common area for the residential units. This
common area shall provide amenities such as grill, table and seating
area.
In exercising its jurisdiction under this section, the Board shall conform to all requirements applicable to the Board when deciding requests for special permits as set forth in MGL c. 40A, § 9, and Article X, § 305-10.10, of the Marshfield Zoning Bylaw. The Board during the plan review shall utilize the following standards:
A.
Architectural details of new buildings and additions, and textures
of walls and roof materials, should be harmonious with the building's
overall architectural style and should enhance the seaside and historic
character of Marshfield.
B.
Building facades in excess of 40 feet shall incorporate recesses
and projections, of a minimum of two feet in depth, to break up the
building's mass. A minimum of 60% of the building's street
side facade shall contain windows and other appropriate architectural
elements.
C.
Facades shall emphasize architectural elements (including windows,
balconies, porches, entries, etc.) that create a complementary pattern
or rhythm, dividing large buildings into smaller identifiable pieces.
D.
Building form and features. The mass, proportion and scale of the
building, roof shape, roof pitch and proportions and relationships
between doors and windows should be harmonious among themselves.
E.
Proposed buildings and structures shall be integrated as much as
possible with existing building locations, landscape and terrain.
F.
The applicant shall provide adequate spatial definitions through
the use of walls, fences and/or other elements which clearly separate
public space from areas to be used by the residents of the mixed-use
buildings.
G.
Uses shall be grouped together to maximize pedestrian access by connecting
sidewalks and pathways.
H.
The majority of the parking shall be located to the rear or sides
of buildings. Parking lots and loading areas shall be appropriately
screened from roadways by fencing, walls and/or landscaping. In the
B-1 and BRVO Districts, parking in front of the mixed-use buildings,
but not directly onto a state route, may be considered.
I.
Applicant shall demonstrate adequacy of space for the off-street
loading and unloading of vehicles, goods, products, materials and
equipment incidental to the normal operation of the establishment.
J.
Exposed machinery, utility structures and areas for parking, loading,
storage, service and disposal shall be screened from adjoining properties
and streets as deemed necessary by the SPGA.
K.
All lighting and other sources of illumination, whether interior or exterior, and all intense light emanating from operations or equipment shall be shielded from direct view at normal eye level from adjacent properties. Lighting should match the architectural style of the building and comply with the Zoning Bylaw, § 305-8.09.
L.
The Board shall evaluate convenience and safety of vehicular and
pedestrian movement within the site, and in relation to adjacent streets,
property or improvements. Benches, bicycle racks, bollards, pedestrian-scale
lighting, street trees, refuse containers, flower boxes and canopies
shall be provided where deemed appropriate by the SPGA and shall be
consistent with the character of the development.
M.
The Board shall review adequacy of the methods of disposal for sewage,
refuse and other wastes resulting from the uses permitted or permissible
on the site and the methods of drainage for surface water, including
consideration of groundwater recharge.
N.
The Board shall ensure protection of adjoining premises against detrimental
or offensive uses on the site.
A.
Administrative expenses. Fees for the review and staff time required to process the application by the Planning Department, Conservation Commission, Board of Health, Fire Department, Police Department, Building Department and Department of Public Works shall be as provided in Chapter 420, Fee Schedule.
B.
Review fees/special accounts. Applicants shall deposit review fees as provided in Chapter 420, Fee Schedule, into a special account. The consulting review fee may be expended as specified in the Subdivision Rules and Regulations for review of the special permit application.
C.
Other costs and expenses. The applicant is responsible for mailing
public hearing notices to abutters by certified mail, return receipt
requested. Return receipts are to be submitted to the Planning Board
prior to the public hearing.
D.
Special permit modification. The administrative fee for a modification to an existing special permit is as provided in Chapter 420, Fee Schedule. The applicant shall submit a check made out to the Town of Marshfield at the time of the request to modify the PMUD special permit.
E.
Fee waiver. Fees can be waived for applications from the Town of
Marshfield and religious and nonprofit organizations, at the discretion
of the Planning Board, on a case-by-case basis.
A.
Distribution of plans. Upon filing of a complete application, the
Planning Board shall distribute copies of the plans and supporting
information to the following departments: Planning Board Engineering
Consultant, Planning Board Water Scientist (if within the Water Resource
Protection District), Assessors, Department of Public Works, Town
Clerk, Conservation Commission, Board of Health, Building Department,
Historical Commission, Zoning Board of Appeals, Police Department
and Fire Department. Such distribution shall be completed within 10
days of the receipt of the plans and application by the Planning Board.
B.
Submittal of comments. These departments shall have 35 days to review
and submit written comments to the Board. Failure of the various boards
and commissions to make comment or recommendations within the thirty-five-day
time frame shall be deemed by the Planning Board as lack of opposition
thereto. Notwithstanding this deadline, the Planning Board reserves
the right to request comments from boards that have failed to do so
based on issues raised at the public hearing and to consider those
comments in making its final decision.
C.
Decision report. The Board shall, within 90 days of the close of
the public hearing, issue a decision pertaining to each complete application.
Each decision shall include an approval, an approval with conditions,
or a denial with specific citations stating where the application
did not comply with the required performance standards and/or the
criteria for review and approval. If the special permit does not incorporate
the suggestions or requirements of any reports from Town departments
or is issued contrary to their recommendations, the Planning Board
shall in its written decision state the reasons for not following
the recommendations or requirements of said reports.
D.
Modification. The Board shall have the power to modify or amend its approval of the special permit and site plan on application of the owner, lessee or mortgagee of the premises, or upon its own motion if such power is reserved by the Board in its original approval. All of the provisions of these rules and regulations and §§ 305-11.16, 305-13.05 and 305-13.11 of the Marshfield Zoning Bylaw shall, where apt, be applicable to such modification or amendment.
A.
Withdrawal of application. An applicant may withdraw an application
without prejudice by notice in writing to the Clerk of the Board at
any time prior to the first publication of the notice of the public
hearing. After such notice, withdrawal of an application shall be
permitted only by majority vote of the Board.
B.
Reconsideration. No vote on an application may be reconsidered after
the meeting at which the decision was rendered has been adjourned.
C.
Appeals. Any person aggrieved by a decision of the Board as special
permit granting authority may appeal such decision as provided in
MGL c. 40A, § 17, within 20 days after such decision has
been filed in the office of the Town Clerk.
D.
Reapplication. No application which has been unfavorably and finally
acted upon by the Board shall be reconsidered for a special permit
within two years after the date of said final unfavorable action,
unless the Board finds by vote of four members specific and material
changes in the conditions upon which the previous unfavorable action
was based and such changes are described in the record of the Board's
proceedings, and after notice is given to parties in interest of the
time and place of the proceedings to reconsider in the same manner
as provided for in these rules and regulations.
E.
Effectiveness of special permit. No special permit shall take effect
until certification by the Town Clerk is recorded in the Registry
of Deeds and indexed under the name of the record owner of the land
that 20 days have elapsed after the filing of the decision and no
appeal has been filed.
F.
Lapse of special permit. Every special permit authorized by the Board
shall contain the express condition that it will lapse if substantial
use under the permit is not commenced within two years from the date
of final action by the Board, except for good cause, or the final
determination of an appeal.
Full compliance with these regulations may be waived by the
Board, provided such waivers are deemed to serve the public interest
and are not conflicting with MGL c. 40A.
A.
As a condition to a special permit, the applicant shall post a performance
guarantee, to cover the period of construction, or provide other safeguards
in the form and amount or penal sum acceptable to the Board prior
to the issuance of a building permit, unless the Board shall specify
otherwise. The purpose of the guarantee is to assure completion of
roadways, drainage, parking lots, grading, erosion control, landscaping
or safety measures which may affect abutters or the public.
B.
If the applicant is not the owner and must purchase to assume such
obligations, he shall comply within 20 days following the date of
purchase. Upon completion of construction work, and satisfactory inspection
by the Planning Board or its agent, the bond shall be returned to
the applicant. In the event of any dispute, the Planning Board shall
have the right to require as-built plans certified by the appropriate
registered architect, professional engineer or surveyor as a basis
for its findings.
The provisions of these rules and regulations are severable.
If any provision is held invalid, the other provisions shall not be
affected thereby. If the application of these rules and regulations
or any of their provisions to any person or circumstances is held
invalid, the application of these rules and regulations and their
provisions to other persons and circumstances shall not be affected
thereby.
