Town of Marshfield, MA Special Permit Conditions

Rules and regulations. The Planning Board shall adopt rules and regulations consistent with the provisions of this bylaw and shall file them with the Town Clerk. Such rules shall address the size, content, and number of copies of preliminary and definitive plans and other submittals and the procedure for the review of special permits.[1]

Editor's Note: See Ch. 411, Open Space Residential Development.

Density/number of dwelling units.

[Amended 10-18-2021 STM by Art. 26]

The number of dwelling units permitted shall not exceed that which would be permitted under a conventional subdivision that complies with the Marshfield Zoning Bylaw and the Subdivision Rules and Regulations of the Planning Board without waivers and other applicable laws and regulations of the Town or the state.

A yield plan shall be submitted to demonstrate the allowable number of units. If the parcel lies in more than one zoning district, the total for each district shall be calculated separately.

Review and decision. The Planning Board shall act on applications according to the procedure specified in MGL c. 40A, § 9, with the exception that a decision shall be rendered within the time frame for definitive subdivision plans specified in MGL c. 41, § 81U, whenever this time frame is shorter. Public hearings for the subdivision application and the special permit application shall be held concurrently.

Criteria for special permit decision.

Findings.

The Planning Board may approve the development upon finding that it complies with the purposes and standards of the OSRD Bylaw and is superior to a conventional subdivision with regard to protection of natural features and scenic resources of the site. The Planning Board shall consider the following criteria in making its decision:

[Amended 4-22-2019 ATM by Art. 10]

[a]

Upland open space as required by this bylaw has been provided and generally conforms with Subsection H of this bylaw.

[b]

Proposed streets have been aligned to provide vehicular access to each house in a reasonable and economical manner. Lots and streets have been located to avoid or minimize adverse impacts on open space areas and to provide views of and access to the open space for the lots.

[c]

Lots meet the applicable dimensional requirements of Subsection E of the OSRD bylaw and the Marshfield Zoning Bylaw.

The Board's findings, including the basis of such findings, shall be stated in the written decision of approval, conditional approval or denial of the special permit. The Board shall impose conditions in its decision as needed to ensure compliance with the bylaw.

Time limit. Special permits are granted for a period of two years and shall lapse if substantial use or construction has not commenced by such date, except for good cause shown.

Relationship to Subdivision Control Law. Nothing contained herein shall exempt a subdivision from compliance with other applicable provisions of these bylaws or the Marshfield Subdivision Rules and Regulations, nor shall it affect the right of the Board of Health and Planning Board to approve, condition or disapprove a plan in accordance with the provisions of such rules and regulations and the Subdivision Control Law.[2]

Editor's Note: See Ch. 405, Subdivision of Land, and MGL c. 41, §§ 81K to 81GG.

Standards and dimensional requirements. Where the requirements of this section differ from or conflict with the requirements in the Table of Dimensional and Density Regulations found elsewhere in this bylaw, the requirements of this section shall prevail for OSRD developments.

[Amended 4-22-2019 ATM by Art. 10]

Minimum lot size: The minimum lot size may be reduced to 20,000 square feet.

Minimum frontage: The minimum frontage may be reduced to no less than 80 feet of frontage and provided further that such frontage reduction shall apply only to lots fronting on proposed internal roadways.

Lot shape: All building lots must be able to contain a circle of a minimum diameter of 80 feet from the front lot line to the rear building line.

Setbacks: The Planning Board may permit a reduction in of the setbacks otherwise listed in the Table of Dimensional Regulations in this bylaw, if the Board finds that such reduction will result in better design, improved protection of natural and scenic resources and will otherwise comply with the bylaw. Notwithstanding this provision or the requirements of the Zoning Bylaw, every dwelling fronting on the proposed roadways shall be set back a minimum of 20 feet from the roadway right-of-way, and a minimum of 10 feet from the side and 25 feet from the rear lot lines. A minimum thirty-foot setback wide buffer shall be maintained in a naturally vegetated state to screen the development from the neighboring parcels. This thirty-foot-wide buffer shall have concrete bounds marking the location from individual lots and may require fencing to ensure protection in order to be counted towards the minimum open space requirement. Shallow vegetated drainage swales may be allowed within the buffer area if enhanced landscaping in the opinion of the Planning Board is provided. Wherever feasible, construction of the dwelling at the front setback line is encouraged.

Required open space: All land area not utilized for lots, roads, waste water disposal and drainage shall be set aside as permanent open space. A minimum of 50% of the upland area of the parcel ("applicable land area") shall be provided as open space. Applicants are encouraged to include wetlands and water bodies within the open space; however, they do not count toward the open space requirement. Roadway layouts do not count toward the open space requirement.

Permissible uses of open space.

Purposes. Open space shall be used solely for recreation, conservation, agriculture or forestry purposes by residents of the OSRD development and/or the public. Where appropriate, multiple use of open space is encouraged. At least half of the required open space may be required by the Planning Board to be left in a natural state. The proposed use of the open space shall be specified in the application. If several uses are proposed, the plans shall specify what uses will occur in what areas. The Board may approve or disapprove the proposed uses.

Recreation lands. Where appropriate to the topography and natural features of the site, the Planning Board may require that at least 10% of the open space or two acres (whichever is less) be of a shape, slope, location and condition to provide an informal field for recreation or community gardens for the residents of the subdivision.

Leaching facilities. Subject to the approval of the Board of Health, as otherwise required by law, the Planning Board may permit a portion of the open space to be used for components of sewage disposal systems serving the subdivision, where the Planning Board finds that such use will not be detrimental to the character, quality, or use of the open space, wetlands, or water bodies and enhances the site plan. The Planning Board shall require adequate legal safeguards and covenants that such facilities shall be permanently maintained by the lot owners. Where a parcel straddles the boundary of the Water Resource Protection District, leaching facilities shall be located outside of the district to the maximum extent feasible.

Accessory structures. Up to 5% of the open space may be set aside and designated to allow for the construction of structures and facilities accessory to the proposed use of the open space including parking. With this exception, no other impervious areas may be included within the open space.

Ownership of open space.

Ownership options. At the developer's option and subject to approval by the Planning Board, all areas to be protected as open space shall be:

Conveyed to the Town to be placed under the care, custody and control of the Conservation Commission, and be accepted by it for a park or open space use;

Conveyed to a nonprofit organization, the purpose of which is the conservation or preservation of open space, with a conservation restriction as specified in Subsection G(2) below. Such organization shall be acceptable to the Town as a bona fide conservation organization; or

Conveyed to a corporation or trust owned or to be owned by the owners of lots or residential units within the development ("homeowners' association") and placed under conservation restriction as specified in Subsection G(2) below. If such a corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots or residential units. The developer is responsible for the maintenance of the open space and other common facilities until such time as the association is capable of assuming such responsibility. Thereafter, the members of the association shall share the cost of maintaining these areas. The Planning Board shall require the applicant to provide documentation that the homeowners' association is an automatic (mandatory) association that has been established prior to the conveyance of any lots within the subdivision.

Permanent restriction. In any case where open space is not conveyed to the Town, a permanent conservation, agricultural or historical preservation restriction approved by Town Counsel and enforceable by the Town, conforming to the standards of the Massachusetts Executive Office of Energy and Environmental Affairs, Division of Conservation Services, shall be recorded to ensure that such land shall be kept in an open or natural state and not be built for residential use or developed for accessory uses such as parking or roadways except as permitted by this bylaw and approved by the Planning Board. Restrictions shall provide for periodic inspection of the open space by the Town. Such restriction shall be submitted to the Planning Board prior to approval of the project and recorded at the Registry of Deeds/Land Court simultaneously with recording of the endorsed definitive subdivision plan. A management plan may be required by the Planning Board which describes how existing woods, fields, meadows or other natural areas shall be maintained with good conservation practices.

Encumbrances. All areas to be set aside as open space shall be conveyed free of any mortgage interest, security interest, liens or other encumbrances.

Maintenance of open space. In any case where open space is not conveyed to the Town, the Town shall be granted an easement over such land sufficient to ensure its perpetual maintenance as conservation or recreation land. Such easement shall provide that in the event the trust or other owner fails to maintain the open space in reasonable condition, the Town may, after notice to the lot owners and public hearing, enter upon such land to maintain it in order to prevent or abate a nuisance. The cost of such maintenance by the Town shall be assessed against the properties within the development and/or to the owner of the open space. The Town may file a lien against the lots to ensure payment of such maintenance expenses.

Monumentation. Where the boundaries of the open space are not readily observable in the field, the Planning Board shall require placement of surveyed bounds sufficient to identify the location of the open space.

[Amended 4-22-2019 ATM by Art. 10]

Design requirements. The location of open space provided through this bylaw shall be consistent with the policies contained in the Marshfield Comprehensive Plan and the Marshfield Open Space and Recreation Plan. The following design requirements shall apply to open space and lots provided through this bylaw:

Open space shall be planned as large, contiguous areas whenever possible. Long thin strips or narrow areas of open space (less than 100 feet wide) shall occur only when necessary for access, as vegetated buffers along lots or wetlands, or as connections between open space areas.

[Amended 4-22-2019 ATM by Art. 10]

Open space shall be arranged to protect valuable natural and cultural areas such as stream valleys, wetland buffers, forestland and significant trees, wildlife habitat, open fields, scenic views, trails and archaeological sites and to avoid development in hazardous areas such as floodplains and steep slopes. The development plan shall take advantage of the natural topography of the parcel and cuts and fills shall be minimized.

Open space may be in more than one parcel provided that the size, shape and location of such parcels are suitable for the designated uses. Where feasible, these parcels shall be linked by foot trails.

Where the proposed development abuts or includes a body of water or a wetland, these areas and a minimum fifty-foot buffer to such areas should be incorporated into the open space. Where appropriate, reasonable access shall be provided to shorelines.

The maximum number of house lots compatible with good design shall abut the open space and all house lots shall have reasonable physical and visual access to the open space through internal roads, sidewalks or paths. An exception may be made for resource areas vulnerable to trampling or other disturbance.

Open space shall be provided with adequate access, by a strip of land at least 20 feet wide, suitable for a footpath, from one or more streets in the development.

Where a proposed development abuts land held for conservation purposes, the development shall be configured to minimize adverse impacts to abutting conservation land. Trail connections shall be provided where appropriate.

§ 305-11.05 (Reserved) [1]

Editor's Note: Former § 305-11.05, Planned mixed use development, was renumbered as § 305-13.06 10-18-2021 STM by Art. 14.

§ 305-11.06 Planned industrial development.

[Amended 4-24-2017 ATM by Art. 12]

For the planned development of land for industrial purposes subject to area regulations less than the minimum required in the Table of Dimensional and Density Regulations, the following regulations shall apply:

The tract in single or consolidated ownership at the time of application shall be at least 15 acres in size.

A site plan shall be presented for the entire tract showing two-foot finished contours, existing and proposed drainage, sewerage, water, parking, street access and landscaping, and shall be subject to approval by the Planning Board where it constitutes a subdivision as per the Subdivision Control Law.[1]

Editor's Note: See MGL c. 41, §§ 81K to 81GG.

Individual lot sizes shall not be reduced more than 10% below that normally required for manufacturing or service industrial purposes in the district.

The total number of lots in the development shall not exceed the number of lots which could be developed under normal application requirements of the district.

The permitted uses shall be limited to manufacturing or service industrial uses with the total use completely within the building.

The development shall be served by a public water system.

At least 10% of the total tract area (of which at least 80% shall not be wetlands or land with a slope of over 5%) shall be set aside as common land and shall be either deeded to the Town or covenanted to be maintained as permanent open space in private or cooperative nonprofit ownership. The common land shall be either in a single contiguous parcel or in several separated parcels as deemed appropriate by the Board.

Such common land shall be deeded to the Town or permanently covenanted simultaneously with the Planning Board's approval of the subdivision plan, if any.

Such common land shall be restricted to open space, play field, golf course, or conservation areas.

Such common land shall have suitable access to a street.

§ 305-11.07 Home occupation.

For the use of a dwelling in any "R" District for a home occupation, the following conditions shall apply:

No more than one nonresident shall be employed therein.

The use is carried on strictly within the principal building.

Not more than 25% of the existing net floor area not to exceed 400 square feet is devoted to such use.

That there shall be no display of goods or wares visible from the street.

There shall be no advertising on the premises other than a small nonelectric sign not to exceed two square feet in area, and carrying only the occupant's name and his occupation such as physician, artisan, teacher, day nurse, lawyer, architect, salesman (type), engineer, clergyman, accountant, osteopath, dentist and similar occupations or professions.

[Amended 4-24-2017 ATM by Art. 12]

The buildings or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise, electrical disturbance, or in any other way. In a multifamily dwelling, the use shall in no way become objectionable or detrimental to any residential use within the multifamily structure.

Any such building shall include no feature or design not customary in buildings for residential use.

Such uses as clinics, barbershops, bakeries, gift shops, beauty parlors, tea rooms, tourist homes, animal hospitals, kennels, and others of a similar nature shall not be considered as home occupations.

§ 305-11.08 Age-restricted adult village.

[Amended 5-5-2008 ATM by Art. 21]

For age-restricted adult village (ARAV) housing not subject to the Table of Dimensional and Density Regulations nor subject to § 305-10.10 of the Zoning Bylaw, the following regulations shall apply:

Applicability and use.

The tract of single or consolidated ownership at the time of application shall be at least six acres in size in the R-1 and R-2 residential zones, and shall be subject to approval by the Planning Board acting as the special permit granting authority (SPGA).

[Amended 4-22-2019 ATM by Art. 9]

The following uses shall be permitted: attached ARAV housing units; community facilities such as religious, recreational, educational or membership club for the exclusive use of the residents of the ARAV.

Required performance standards. In addition to other minimum requirements stated elsewhere in this bylaw, the following improvements, performance standards and/or conditions are required for all age-restricted adult villages (ARAV) in the Town of Marshfield:

Yield plan. The applicant shall submit a conventional subdivision plan that complies with the Marshfield Zoning Bylaws and Subdivision Rules and Regulations and other applicable laws and regulations of the Town or the Commonwealth of Massachusetts. This plan will be reviewed and used to assist the Board in determining the number of as-of-right (AOR) housing units or base density of the site. This AOR or base density may be increased through the special permit process by providing affordable housing units.

[Amended 4-22-2019 ATM by Art. 9]

Density bonus for creation of affordable units. The total number of housing units allowed in an ARAV in all residential zoning districts may be increased by providing funding for affordable housing units by fees in lieu of construction. To determine the total number of units allowed, the following formula shall be used: AOR units plus affordable units plus density bonus units equals total units allowed. The number of affordable units and density bonus units shall be determined by the following formula: the number of as-of-right (AOR) units multiplied by 25% and rounded up to the next even number, divided by two. Due to changes in Department of Housing and Community Development (DHCD) policy on counting affordable units in age-restricted 55+ housing the affordable unit(s) shall be provided off site by fees in lieu of construction. [Example: A 9-unit AOR development will result in 9 AOR units plus 4 units (0.25 x 9 units = 2.25 units rounded up to 4 units, 2 affordable units and 2 density bonus units) or 13 units in total. A 31-unit AOR development will result in 31 AOR units plus 8 units (0.25 x 31 units = 7.5 units rounded up to 8 units, 4 affordable units and 4 density bonus units) or 39 total units.]

[Amended 4-22-2019 ATM by Art. 9]

Natural open space.

In all residential zones, at least 50% of the total tract area subject to the ARAV special permit application shall be upland natural open space. The natural open space shall be set aside as common land and shall be either deeded to the Town or placed under a conservation restriction, as defined in Article II, and maintained as permanent open space in private or cooperative nonprofit ownership. The SPGA shall provide for the disposition and control of the open space land in a manner and form acceptable to it and approved by Town Counsel.

Natural open space is the area of the parcel(s) that is left undisturbed, in its natural state, as described further in this section. Areas of natural open space shall be preserved for wildlife habitat, aquifer protection, historic preservation, passive recreation and/or forestry management. Natural open space shall not be used for any of the following activities: buildings or structures, impervious surfaces, aboveground utilities or subsurface infrastructure with the exception of stormwater management facilities as noted below. Natural open space areas should encompass or protect valuable natural and cultural resources such as large tracts of forest land, buffer zones to wetlands and water bodies, significant trees, scenic views, river valleys, geological features, archaeological sites, historic trails or ways and open fields. Natural open space areas shall be contiguous areas of land. Narrow parcels or portions of lots less than 50 feet wide cannot be included in required natural open space calculations unless they are used for access to a walking trail. Walking trails may be constructed of organic materials such as wood chips or stone dust.

For the purpose of calculating the required 50% natural open space, the area of proposed development activity shall be enclosed within a polygon. The inside of the polygon shall be considered the area of the development footprint. Remaining areas outside of the development footprint, greater than 50 feet in width, shall be used to satisfy the 50% natural open space requirement. Areas of natural open space may be managed utilizing standard, accepted forestry practices. Additional landscape plantings can be planted in natural open space areas to supplement existing vegetation. Stormwater and common wastewater management facilities and community facilities as defined in § 305-11.08A(2) above shall be on an individual lot or lots and not part of the required 50% natural open space. The required 50% natural open space shall be protected as provided for in § 305-11.04G, Ownership of open space, of this Zoning Bylaw.

[Amended 4-22-2019 ATM by Art. 9]

Mandatory affordable housing. All affordable housing created by this bylaw shall be Local Initiative Program (LIP) dwelling units in compliance with the requirements of the Massachusetts Department of Housing and Community Development LIP Program. Affordable housing units will count toward the Town's Subsidized Housing Inventory, in accordance with MGL c. 40B, §§ 20 to 23. All ARAVs are required to provide affordable housing in compliance with the provision for fees-in-lieu-of construction of affordable housing units as follows:

Fees-in-lieu of construction of affordable housing units. An applicant shall propose to pay a fee-in-lieu of construction of affordable housing units to the Marshfield Housing Authority. A fee-in-lieu of construction shall be for the sole purpose of creating affordable housing in the Town of Marshfield that meets the state's LIP and adds to the Town's Subsidized Housing Inventory as determined by the Housing Partnership. The fee-in-lieu of construction shall be held in trust and in separate interest-bearing accounts by the Marshfield Housing Authority for such purpose.

For each affordable unit for which a fee-in-lieu of construction is paid, the cash payment per unit shall be equal to 40% of the average price being asked for the market-rate units in the applicable development.

The fee-in-lieu of construction shall not result in an increase in the total number of units contained in the application for the special permit approved by the Planning Board.

The Marshfield Housing Authority shall submit to the Housing Partnership annually and upon request reports and other documentation of the use of its financial accounting for the fees-in-lieu of construction.

The Marshfield Housing Authority shall hold all fees-in-lieu of construction of affordable housing units paid to it, and all investment income and profit thereon received by it, separately from all other moneys of the Marshfield Housing Authority. It shall cause such fees, income and profit to be audited at least once a year by an independent, certified public accountant or independent firm of certified public accountants experienced in auditing accounts of governmental entities (which may be its regular auditor if such regular auditor meets the foregoing criteria), such audit to be completed no later than the general audit of the Marshfield Housing Authority's financial statements for the applicable fiscal year. A copy of such audit shall be promptly submitted to the Town Accountant, the Town Treasurer, the Town Administrator, the Board of Selectmen, the Housing Partnership, and the Planning Board. Such audit may be combined with the general audit of the Marshfield Housing Authority as long as all matters relating to such fees, income and profit are set forth separately from all other accounts of the Marshfield Housing Authority.

Schedule of fees in lieu of payments. Fees-in-lieu of construction payments shall be made prior to application for the first residential occupancy permit of the element. The market price proposed at the time of application shall be reviewed and adjusted if required at the time of payment. The Planning Board will consult with the Housing Coordinator prior to signing off on building permits.

Site design. The development shall be integrated into the existing terrain and surrounding landscape and shall be designed to protect abutting properties and community amenities. Building sites shall, to the extent deemed feasible by the SPGA:

Minimize obstruction of scenic views from publicly accessible locations.

Preserve unique natural or historical features.

Minimize grade changes and removal of trees, vegetation and soil.

Maximize open space.

Maximize buffers to wetlands and water bodies.

Screen objectionable features from neighboring properties and roadways.

Roads and driveways.

The ARAV shall provide for access on roads that have sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic generated by the proposed ARAV. The development shall maximize the convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent ways through proper layout, location and design.

All roads and driveways serving more than one dwelling unit shall be designed and constructed in accordance the following sections of the Subdivision Rules and Regulations of the Planning Board of the Town of Marshfield: Article IV, Design Standards and Required Improvements, with the exception of §§ 405-9E and 405-12I in their entirety and § 405-9D, Note **, which are exempt from this requirement. Roads and driveways serving more than one dwelling unit shall also be designed and constructed in accordance with Article V, Completion of the Way, §§ 405-14, 405-16, 405-18 and 405-19 only.

Dead-end roads.

All dead-end roads and common driveways shall terminate in a cul-de-sac or provide other accommodations for vehicles to reverse direction. Turnaround areas shall be designed to accommodate emergency vehicles.

Dead-end streets and connecting common driveways shall not exceed 800 feet in length, measured from the intersection of the road that provides access to the ARAV.

Architecture.

Architectural style shall be in harmony with the prevailing character and scale of buildings in the neighborhood and the Town through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. Variation in detail, form and siting shall be used to provide visual interest and avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate light, air, circulation, and separation between buildings. All buildings shall be separated a minimum distance of 1 1/2 times the height of the proposed buildings.

The maximum building height shall be 35 feet from the existing natural elevation.

Parking.

The proposed development shall provide two parking spaces per each unit, plus one visitor parking space for every 10 units, plus one parking space per each 200 square feet of nonresidential area.

Parking areas, including maneuvering space for parking and loading areas, shall not be located within the required fifty-foot buffer areas.

[Amended 4-24-2017 ATM by Art. 12]

Parking areas shall be screened from public ways and adjacent or abutting properties by building location, fencing, and/or dense landscape plantings.

No parking shall be allowed on interior streets or ways.

Landscaping.

Connecting tree-lined walkways shall be provided between structures, parking areas and abutting public ways. A mixture of shade trees shall be spaced a minimum of 40 feet apart along streets and walkways. Landscape plans should be prepared and stamped by a professional landscape architect. The type, size and location of all plantings shall be included in the landscape plan.

Exposed storage areas, machinery, service areas, truck loading areas, solid waste disposal facilities, utility buildings, structures and other unsightly uses shall be set back and/or screened to protect neighbors and residents from objectionable views, noise, odors and vibration.

A fifty-foot-wide natural buffer shall be required along the perimeter of the property, except for access roads, which in the opinion of the SPGA provides suitable screening of abutting properties. The SPGA may require the natural buffer to be supplemented with additional plantings if the natural buffer does not provide adequate screening of abutting properties.

Lighting. All exterior lighting on roads, walkways and buildings shall be approved by the SPGA. Lighting specification cut sheets shall be submitted for all lighting in the ARAV. Lighting shall be designed to avoid unnecessary glare to abutting properties. Sufficient lighting should be provided to accommodate the needs of senior residents. A lighting plan shall be provided showing the intensity of light on the property. Reflectors and shields shall provide total cutoff of all light at the property boundaries.

(12)

Stormwater management. The stormwater management system shall be designed so that the volume and rate of runoff shall not exceed pre-development conditions. The use of low-impact development principles is encouraged, such as bioretention areas and decentralized stormwater management facilities. Groundwater recharge shall be maximized; surface and ground water quality shall be maintained or improved by employing best management practices. Neighboring properties shall not be adversely affected. The SPGA may require that existing problems on or adjacent to the site be mitigated as a condition of approval of a special permit under this section. Open air drainage facilities shall have a minimum fifteen-foot landscaped evergreen buffer area around the facility (excluding basin cleanout accessway).

(13)

Utilities. All electric, telephone, cable TV, and other such utilities shall be located underground. An evergreen landscaped buffer shall be provided around all transformers and other utility facilities.

(14)

Water Resource Protection District. Applicants submitting ARAV special permit applications within the Water Resource Protection District (WRPD) shall file for a WRPD special permit concurrently with the ARAV special permit and conform to the performance and design standards of § 305-13.03.

(15)

Wastewater. Wastewater treatment systems in all other ARAV developments shall be designed to not exceed 10 parts per million for the concentration of nitrate-nitrogen loading for the subject property as a whole, measured at the property boundaries.

(16)

Historic resources. The SPGA and applicant shall seek guidance from the Historical Commission to ensure the protection, restoration, or preservation of historic locations, artifacts or structures within the proposed development.

(17)

Management of common areas.

If an ARAV is owned or converted to ownership of more than one ownership entity, a nonprofit community association (CA) shall be established, requiring membership of each property owner in the development. The CA shall be responsible for the permanent maintenance of all communal water and septic systems, common open space, roads, stormwater management and recreational facilities. Prior to the closing of the public hearing, the applicant shall submit a CA agreement guaranteeing continuing maintenance of common utilities, land and facilities. The CA shall assess each homeowner an equal share of maintenance expenses. Such agreement shall be subject to the review and approval of Town Counsel and the SPGA.

CA agreements or covenants shall provide that in the event that the association fails to maintain common facilities, such as the wastewater treatment system or stormwater management system, in reasonable order and condition, in accordance with the agreement, the Town may, after notice to the CA and a public hearing, enter upon the property and conduct necessary maintenance to protect the environment. The cost of any work shall be assessed equally against the properties within the development. All costs incurred by the Town for needed maintenance will be reimbursed by the CA.

Administrative procedures. The Planning Board shall be the special permit granting authority (SPGA) for ARAV applications. Applicants shall follow the administrative procedures relative to the issuance of special permits set forth in the Marshfield Planning Board Rules Governing Housing for the Elderly and Handicapped Persons as adopted on March 19, 1990, as amended, or any successor regulations.[1] Copies of the above-mentioned administrative rules shall be on file with the Town Clerk. The SPGA shall follow the procedural requirements for special permits as set forth in MGL c. 40A, § 9.

[Amended 4-24-2017 ATM by Art. 12]

Editor's Note: See Ch. 408, Age-Restricted Adult Village.

Criteria for review and approval. The SPGA shall review all applications for ARAV developments to determine the suitability of the site to the following criteria:

Compliance with Subsection B, Required performance standards;

Compatibility with the surrounding neighborhood;

Compliance with adopted public plans;

The requested use will not overburden any public infrastructure such as water, roads, drainage or sewer system or any other municipal system to such an extent that the proposed ARAV in the immediate area or in any other area of the Town will be subjected to development-related impacts that would adversely affect health, safety or the general welfare;

Acceptable design and layout of streets and common driveways;

That the projected traffic increase to the local road(s) is within the capacity of the existing network and does not impair pedestrian safety;

Compliance with environmental performance standards;

Appropriateness of building architecture, orientation and site design; and

The preservation of important areas of open space or items of historical and/or archaeological significance.

Decisions.

The findings, including the basis of such findings, of the SPGA shall be stated in the written decision of approval, conditional approval, or denial of the application for special permit, and shall require a four-fifths majority vote for approval. For approval of a special permit granted under this section, an affirmative finding of the SPGA shall be required for all of the nine criteria listed above.

The SPGA may also require, in addition to any applicable conditions specified in this bylaw, such conditions as it finds reasonably appropriate to safeguard the neighborhood or otherwise serve the purposes of this bylaw, including but not limited to the following: front, side, or rear yards greater than the minimum required by this bylaw; screening buffers or planting strips, fences, or walls; modification of the architectural design and exterior appearance of the structures; lighting, regulation of the number and location of driveways, or other traffic features; off-street parking or loading; or any other special features beyond the minimum required by this bylaw.

Such conditions shall be provided in writing, and the applicant may be required to post a performance bond or other surety for compliance with said conditions in an amount satisfactory to the SPGA.

The special permit is granted for a period of two years and shall lapse if substantial use or construction has not commenced by such date, except for good cause shown as determined by the SPGA. Once construction has begun, it shall be actively and continuously pursued to completion within a reasonable time.

§ 305-11.09 Residential accessory apartments.

[Amended 10-18-2021 STM by Art. 23]

Purpose - The creation of an accessory apartment within an owner occupied one-family detached dwelling may be authorized by special permit in order to achieve the following objectives:

To enable home owners who wish to remain in their homes and neighborhoods to do so.

To promote more efficient use of the existing housing stock by allowing flexibility in response to changing household size.

To promote wider price range of rental housing and home ownership for small households.

To protect and maintain the character of the surrounding neighborhood.

Not to unduly alter the density of the neighborhood or the population of the Town with its related impacts to water supply, traffic and waste generation.

Applicability - A special permit may be granted within R-1, R-2, R-3, B-1 and B-2 districts by the Board of Appeals, acting as the Special Permit Granting Authority (SPGA), when the plan submitted meets the review criteria contained in Subsection C.

Review criteria - In reviewing and evaluating the plan, and in making a final determination regarding the special permit application, the SPGA may grant a special permit, provided that the following criteria are met. These criteria are the minimum over and above any other criteria which may be set forward in any portion of this bylaw which is specifically necessary to carry out the stated purposes for owner-occupied accessory apartments.

Only one accessory apartment shall be allowed per lot;

The accessory apartment shall occupy no more than 40% of the total living area of the single-family dwelling and shall be limited to one bedroom;

The accessory apartment shall be designed so that the appearance of the building remains that of a one-family residence, must be self-contained, and must have a separate entrance. In general, any new entrance shall be located on the side or rear of the building. Reasonable deviation from this condition shall be allowed in order to facilitate access and mobility for disabled persons;

Compliance with Board of Health policies and regulations;

Approved water conservation devices shall be required for new installations. This would include low flow shower heads and water efficient toilets;

Required minimum lot size for accessory unit shall be for property in zones B1 and R3 - 10,000 square feet; in zone B2 and R2 - 20,000 square feet and in zone R1 - 40,000 square feet;

Sufficient parking space shall be provided on the lot, including at least one additional space to serve the bedroom of the accessory apartment. Said additional space shall have access to the driveway serving the principal dwelling;

The principal dwelling or accessory apartment shall be occupied by the owner as his or her principal residence;

The unit shall comply with the State Building Code.

The property with the addition of the accessory unit and parking shall meet the minimum open space requirements of the district it is located in.

Neither the principal dwelling nor the accessory apartment may be sold or otherwise conveyed or transferred separately from the other.

Plan requirements - The applicant shall comply with § 305-10.10, Special permits of this bylaw. In addition, the following information shall be furnished:

The existing and proposed square footage of each dwelling unit;

The existing and proposed floor layouts of each dwelling unit;

Any proposed changes to the exterior of the existing building;

Proposed site plan showing new and existing buildings setbacks, parking, grading, drainage, wastewater and landscaping;

All plans should be prepared by a registered land surveyor; and

The minimum open space area requirement under § 305-6.10, Table of Dimensional and Density Regulations shall be maintained.

Transfer of ownership of a dwelling with an accessory apartment.

The special permit for an accessory apartment in a single family dwelling shall terminate upon the sale of property or transfer of title of the dwelling.

The new owner(s) shall be required to apply for a new approval of a special permit for an accessory apartment and shall submit a written request to the SPGA.

Recertification of owner occupancy - Not later than January 31 of each year following issuance of a special permit for an accessory apartment, the owner of the premises must certify under the pains and penalties of perjury on forms to be available at the office of the Building Inspector that the premises continue to be occupied by the owner as his or her principal residence. Failure to recertify in a timely manner shall result in the automatic termination of the special permit.

§ 305-11.10 Traffic impact study.

[Amended 10-27-2014 STM by Art. 19]

A detailed traffic impact analysis shall be submitted for any application for a development which requires a special permit for a principal use within the B-1, B-2 or I-1 Zoning District or which would have an anticipated average peak hour trip generation in excess of 80 vehicle trip ends or an average weekday generation in excess of 800 vehicle trip ends, except that the requirement for traffic impact analysis may be waived where it is found by the Board that a traffic study for the area impacted by the proposed project has been completed in the past 12 months and is acceptable to assess the impacts of the proposed project, or where it is determined by the Board that the primary traffic impacts of the proposed development affect Route 139 and where the Town and/or MassHighway has engineered plans for traffic mitigation that are in the planning or implementation stage, and where the applicant is willing to contribute funds to a traffic mitigation fund in an amount at least equal to the cost of a traffic impact analysis, as determined by the Board upon consultation with at least the Building Commissioner/Zoning Enforcement Officer, Board of Public Works, the Planning Board and the applicant. Calculation of anticipated average peak hour trip generation and average weekday generation shall be determined as follows:

Determination of traffic impact.

In determining traffic generation under this provision, the data contained in the most recent edition of The Institute of Transportation Engineers' publication "Trip Generation" shall be used.

If a principal use is not listed in said publication, the special permit granting authority (SPGA) may approve the use of trip generation rates for another listed use that is similar, in terms of traffic generation, to the proposed principal use.

If no such listed use is sufficiently similar, a traffic generation estimate, along with the methodology used, prepared by a registered professional engineer experienced and qualified in traffic engineering, shall be submitted for approval by the SPGA.

Preparation. The traffic impact analysis shall be prepared by a registered professional engineer experienced and qualified in traffic engineering. Firms and individuals preparing traffic impact analyses for submittal to the Board shall comply with any specific standards or requirements for qualifications as the Board may adopt.

Scope of traffic impact study. The traffic impact study shall include the following information:

Existing traffic conditions. Average daily and peak hour volumes, average and peak speeds, sight distances, accident data for the previous three years, and levels of service (LOS) of intersections and streets likely to be impacted by the proposed development. Generally, such data shall be presented for all streets and intersections adjacent to or within 1,000 feet of the project boundaries and shall be no more than 12 months old at the date of the application, unless other data are specifically approved by the SPGA. Where a proposed development will have an impact on a critical intersection or intersections beyond 1,000 feet of the project boundary, particularly intersections of arterial and collector roadways which are integral to the circulation of the proposed development, the Board may require that such intersections beyond 1,000 feet of the project boundary be included in the analysis of traffic conditions.

Projected traffic conditions for design year of occupancy. Statement of design year of occupancy, average annual background traffic growth, and impacts of proposed developments which have already been approved or are pending before Town boards.

Projected impact of proposed development. Projected peak hour and daily traffic generated by the development on roads and ways in the vicinity of the development; sight lines at the intersections of the proposed driveways and streets; existing and proposed traffic controls in the vicinity of the proposed development; and projected post-development traffic volumes and levels of service of intersections and streets likely to be affected by the proposed development [as defined in Subsection C(1) above].

Proposed mitigation. A plan to minimize traffic and safety impacts through such means as physical design and layout concepts, staggered employee work schedules, promoting use of public transit or car pooling, or other appropriate means, and an interior traffic and pedestrian circulation plan designed to minimize conflicts and safety problems. Measures shall be proposed to achieve the following post-development standards:

Level of service (LOS) at nearby intersections shall not be degraded more than one level as a result of traffic generated by the proposed development, nor shall any nearby intersection be degraded below the Level of D.

Adjacent streets shall not exceed design capacity at the peak hour as a result of traffic generated by the proposed development.

Safety hazards shall not be created or added to as a result of traffic generated by the proposed development.

Adequacy of mitigation. If the proposed mitigation is deemed by the Board to be inadequate to achieve the standards set forward in Subsection C(4) above, the applicant shall provide alternative proposals to meet the standards, including reduction in the size of the development; change in proposed uses on the site; contributions to off-site street and intersection improvements; or construction of off-site street and intersection improvements. Where the alternative proposals submitted by the applicant are inadequate, and where it is determined by the Board that the primary traffic impacts of the development as proposed affect Route 139 and where the Town and/or MassHighway has engineered plans for traffic mitigation that are in the planning or implementation stage, the applicant may be required as a condition of special permit approval to contribute funds to a traffic mitigation fund at least equal to $300 per parking space required to serve the proposed use under this bylaw. For purposes of this standard:

"Level of service" (LOS) shall be determined according to criteria set forth by the most recent edition of the manual of the Transportation Research Board of the National Research Council;

"Impacted" means intersections projected to receive at least 5% of the expected traffic generated by the proposed development, either based upon the total anticipated peak hour traffic generated by the proposed project or based upon the total anticipated average daily traffic counts generated by the proposed project; and

"Adequate" shall mean a level of service of "B" or better for rural, scenic and residential streets and for all new streets and intersections to be created in connection with the project, and "D" or better for all other streets and intersections.

Administrative procedures. The special permit granting authority (SPGA) shall adopt rules relative to the issuance of a special permit and file a copy with the Town Clerk. The SPGA shall follow the procedural requirements for special permits as set forth in MGL c. 40A, § 9. The SPGA shall also impose, in addition to any applicable conditions specified in this bylaw, such applicable conditions as it finds reasonably appropriate to improve traffic flow or conditions, safety, or otherwise serve the purposes of this bylaw. Such conditions shall be imposed in writing and the applicant may be required to post a bond or other surety for compliance with said conditions in an amount satisfactory to the Board. After notice and public hearing, and after due consideration of the reports and recommendations of other Town boards and departments, the SPGA may grant such a permit.

§ 305-11.11 Curb cut permits.

Applicability and use. All driveway openings for special permit uses must be approved by the special permit granting authority (SPGA). The SPGA shall solicit from and consider any comments received by the Board of Public Works in approving or conditioning such a curb cut permit.

Required performance standards. The following standards shall guide issuance of curb cut permits by the SPGA:

One curb cut shall be allowed per parcel. If frontage exceeds 600 feet, one additional curb cut may be permitted where it will aid access to and circulation within the parcel. For the purpose of this provision, "parcel" shall mean the entire property subject to an application and any other contiguous land in common ownership or control on or after the date of this bylaw (as amended at the Annual Town Meeting on April 29, 1999). Lots shall not be subdivided for the purpose of increasing the number of permissible curb cuts.

Curb cuts shall be no closer than 75 feet to existing curb cuts and 75 feet to intersecting roadways.

Wherever possible, access shall be provided onto side streets to avoid the need for a curb cut onto major roadways.

Joint or shared curb cuts with adjoining parcels are encouraged. When it will facilitate such an arrangement, the SPGA may reduce or eliminate the required side yard setback on the parcel. In such cases, the applicant must submit proof of such an arrangement such as reciprocal easements.

Curb cut widths shall be the minimum necessary for safe access and egress. The maximum width of curb cuts shall be 30 feet. Curb cuts shall be clearly defined with curbing. The special permit granting authority may modify these width requirements where necessary to promote safe access to or circulation within the parcel.

Applicants proposing redevelopment or expansion of existing uses shall correct existing access problems by better defining curb cuts or eliminating excess curb cuts.

The SPGA may restrict curb cuts to right turn in/right turn out only when, in the opinion of the SPGA, such restriction is necessary for public safety and to minimize traffic congestion.

Where state curb cut approval is required, applicants are encouraged to apply for such approval concurrently with local approval in order to maximize coordination between local and state review.

Administrative procedures.

The SPGA shall adopt rules and regulations relative to the issuance of a curb cut permit and file a copy with the Town Clerk. The SPGA shall follow the procedural requirements for special permits as set forth in MGL c. 40A, § 9. The SPGA shall also impose, in addition to any applicable conditions specified in this bylaw, such applicable conditions as it finds reasonably appropriate to improve traffic flow or conditions, safety, or otherwise serve the purpose of this bylaw. Such conditions shall be imposed in writing, and the applicant may be required to post a bond or other surety for compliance with said conditions in an amount satisfactory to the Board.

After notice and public hearing, and after due consideration of the reports and recommendations of other Town boards/departments, the SPGA may grant such a permit.

§ 305-11.12 Communications towers and wireless communications facilities.

Purpose, applicability and use. The purpose of this bylaw is to establish appropriate siting criteria and standards for communications towers and facilities including but not limited to radio, television, and cellular communications in order to minimize adverse visual impacts and maintain the residential character of the Town, and preserve scenic views to and from the Town's roadways and waterways. This bylaw is intended to establish reasonable regulations while allowing adequate service to residents, the traveling public and others within the Town and to accommodate the need for the minimum possible number of such facilities within the Town of Marshfield. The requirements of this bylaw shall apply to all communications towers and wireless communication facilities that require a special permit in accordance with § 305-5.04 of this bylaw, excluding in-kind or smaller replacement of existing equipment.

Required performance standards.

Any tower shall be set back from property lines a distance at least equal to the height of the tower.

No towers may be constructed within areas subject to protection under the inland/coastal wetlands bylaw (§§ 305-13.01 and 305-13.02).

Any tower shall be at least 500 feet from any existing building.

Accessory structures housing support equipment for towers shall not exceed 400 square feet in size and 15 feet in height and shall be screened from view.

Clearing of natural vegetation should be limited to that which is necessary for the construction, operation, and maintenance of the tower.

Night lighting shall be prohibited unless required by federal authorities and shall be the minimum necessary.

One tower shall be permitted per lot.

No tower shall be more than 150 feet above the natural grade.

Shared use of towers and co-location of communications devices is encouraged. All towers constructed as principal uses shall be designed to accommodate the maximum number of communications facilities possible.

Wherever feasible, wireless communication facilities shall be located on existing towers or other nonresidential structures, minimizing construction of new towers.

Wireless communication facilities placed on existing buildings shall be camouflaged or screened and designed to be harmonious and architecturally compatible with the building. No facility shall project more than five feet above the existing roofline of the building. Any equipment associated with the facility shall be located within the building.

(12)

Towers and facilities shall be painted a neutral, nonreflective color designed to blend with the surrounding environment.

Administrative procedures. Site plan approval (pursuant to § 305-12.02) and special permit shall be granted by the Board of Appeals in accordance with MGL c. 40A, § 9. The Board of Appeals shall adopt rules relative to the issuance of special permits, including application fees, and file a copy with the Town Clerk.

Criteria for review and approval.

The SPGA shall review all applications for communications towers and shall find that the location of the tower or device is suitable and that the size, height, and design is the minimum necessary for that purpose; that the proposed tower or devices will not adversely impact historic structures or scenic views; that there are no feasible alternatives to the location of the proposed tower or devices (including co-location) that would minimize their impact and that the applicant has exercised good faith in permitting future co-location of facilities at the site; and that the proposed tower or device is in compliance with federal and state requirements regarding aviation safety. The findings, including the basis for such findings, of the Board shall be stated in the written decision of approval, conditional approval, or denial of the application for special permit, and shall require a four-fifths majority vote for approval.

The Board shall also impose, in addition to any applicable conditions specified in the bylaw, such applicable conditions as it finds reasonably appropriate to safeguard the neighborhood or otherwise service the purposes of this bylaw, including but not limited to screening, buffering, lighting, fences, modification of the exterior appearance of the structures, limitation upon the size, method of access or other traffic features, parking, removal or cessation of use, or other requirements. Such conditions shall be imposed in writing and the applicant may be required to post bond or other surety for compliance with said conditions in an amount satisfactory to the Board. The special permit is granted for a period of two years and shall lapse if substantial use or construction has not commenced by such date, except for good cause shown, and provided further that such construction, once begun, shall be actively and continuously pursued to completion within a reasonable time. Any extension, addition of cells or construction of new or replacement towers shall be subject to an amendment of the special permit following the same procedure as for an original grant of a special permit.

§ 305-11.13 Adult entertainment.

Authority to regulate. This section is enacted pursuant to MGL c. 40A, § 9A, and pursuant to the Town's authority under the Home Rule Amendment to the Massachusetts Constitution to serve the compelling Town interests of limiting the location of and preventing the clustering and concentration of certain adult entertainment uses, as defined and designated herein, in response to studies demonstrating their deleterious effects.

Purpose.

The purpose of this adult entertainment section of the Town of Marshfield Zoning Bylaw is to address and mitigate the secondary effects of adult entertainment establishments. Secondary effects have been shown to include increased crime, adverse impacts on public health, adverse impacts on the business climate, adverse impacts on the property values of residential and commercial property and adverse impacts on the quality of life. All of said secondary impacts are adverse to the health, safety and general welfare of the Town of Marshfield and its inhabitants.

The provisions of this section have neither the purpose nor intent of imposing a limitation on the content of any communicative matter or materials, including sexually oriented matter or materials. Similarly, it is not the purpose or intent of this section to restrict or deny access by adults to adult entertainment establishments or to sexually oriented matter or materials that are protected by the Constitution of the United States or of the Commonwealth of Massachusetts, nor to restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, rent, distribute or exhibit such matter or materials. Neither is it the purpose or intent of this section to legalize the sale, rental, distribution or exhibition of obscene or other illegal matter or materials.

Regulation of adult entertainment uses.

Adult entertainment, as defined in this bylaw, shall be permitted only in the "I" Zoning District, upon the issuance of a special permit from the Planning Board. The Planning Board shall act on applications according to the procedure specified in MGL c. 40A, § 9A.

No adult entertainment special permit shall be issued to any person convicted of violating the provisions of MGL c. 119, § 63, or MGL c. 272, § 28.

Dimensional requirements.

The distances specified below shall be measured by a straight line from the nearest property line of the premises on which the proposed adult entertainment use is to be located to the nearest boundary line of any of the residential zoning districts or to the nearest property line of any of the other uses set forth below:

Any such proposed use shall be located a minimum of 700 feet from any residential zoning district.

Any such proposed use shall be located a minimum of 700 feet from any residential uses.

Any such proposed use shall be located a minimum of 700 feet from any public or private school, public library, day-care facility or religious facility.

Any such proposed use shall be located a minimum of 700 feet from any public or private playground, park or recreational area, or youth center.

Any such proposed use shall be located a minimum of 700 feet from any other adult entertainment use approved under the provisions of this bylaw.

Any such proposed use shall be located a minimum of 700 feet from any establishment licensed under the provisions of MGL c. 138, § 12.

No more than one structure to be used for adult entertainment shall be located on any one lot.

The maximum gross floor area of any structure to be used for adult entertainment shall not exceed 20,000 square feet per acre.

Expiration. A special permit to conduct an adult entertainment use shall expire after a period of two calendar years from its date of issuance and shall be automatically renewable for successive two-year periods thereafter, provided that a written request for such renewal is made to the special permit granting authority prior to said expiration and that no objection to said renewal is made and sustained by the special permit granting authority.

Severability. The provisions of this section are severable, and in the event that any provision of this section is determined to be invalid for any reason, the remaining provisions shall remain in full force and effect.

§ 305-11.14 Inclusionary zoning for affordable housing.

[Added April 2007 ATM; amended 4-27-2015 ATM by Art. 15]

Purpose. The purpose of this section of the bylaw is to promote the development of housing that is affordable to low- and moderate-income households, meet the requirements of the Local Initiative Program and qualify for inclusion on the Subsidized Housing Inventory.

Applicability.

The inclusionary zoning bylaw shall apply to the R-1 and R-2 Districts within the Town of Marshfield, except the Water Resource Protection District.

The inclusionary zoning bylaw shall not apply to any development undertaken by the Town of Marshfield for any municipal purposes.

The inclusionary zoning bylaw shall not apply to any development carried out under MGL c. 40B, as amended.

Voluntary provision of affordable units.

The use of this section of this bylaw shall be voluntary.

The applicant for a special permit under this bylaw shall comply with the provisions described in Subsection D and otherwise comply with this section of this bylaw, and the Planning Board shall require such compliance in the special permit.

Provision of affordable units; bonuses and incentives.

Affordable units and density bonus. All development which occurs as a result of this bylaw shall meet the affordable housing requirements and shall be entitled to a density bonus as follows: The number of affordable units and density bonus units shall equal the number of as-of-right (AOR) units multiplied by 25% and rounded up to the next even number divided by two. [Example: A 9-unit AOR development will result in 9 AOR units plus 4 units (0.25 x 9 units = 2.25 units rounded up to 4 units, 2 affordable units and 2 density bonus units) or 13 units in total. A 31-unit AOR development will result in 31 AOR units plus 8 units (0.25 x 31 units = 7.5 units rounded up to 8 units, 4 affordable units and 4 density bonus units) or 39 total units.]

The requirement for affordable units shall be met by one or a combination of the following methods:

On-site development. Constructed or rehabilitated on the locus subject to the special permit (see Subsection F); or

Fees in lieu of construction. The applicant may offer, and the Planning Board, upon receiving a favorable recommendation from the Housing Partnership, may approve fees in lieu of construction of affordable housing units as satisfying the requirements of Subsection D of this bylaw. The applicant shall make the payment of the fee in lieu of construction to the Marshfield Housing Authority for the sole purpose of converting non-affordable housing units to affordable housing units in the Town of Marshfield. Fees in lieu of construction are more fully addressed in Subsection G.

The applicant may offer, and the Planning Board may accept, a combination of the Subsection D(2)(a) and (b) requirements, provided that in no event shall the total number of affordable units provided on site and the number of affordable units for which a fee in lieu of construction is paid be less than the equivalent number or value of affordable units required for the applicable development by this bylaw.

All affordable units shall meet the requirements of the Local Initiative Program for Local Action Units and be eligible for inclusion on the Subsidized Housing Inventory.

Location of affordable lots. The location of affordable lots shall be determined in consultation with the Planning Board during the special permitting process.

Standards and dimensional regulations.

Applicability. Where the requirements of this section differ from or conflict with the requirements in the Table of Dimensional and Density Regulations found in Article VI of the Town's Zoning Bylaw, the requirement of this section shall prevail for developments being constructed under this section of the bylaw.

Minimum frontage. The minimum frontage may be reduced from the frontage otherwise required in the zoning district; provided, however, that no lot shall have less than 75 feet of frontage and provided further that such frontage shall apply only to lots fronting on proposed internal roadways.

Lot size. The Planning Board may allow reductions in the minimum lot sizes listed in Article VI, § 305-6.02, Table of Dimensional and Density Regulations, to allow for the creation of the affordable and density bonus units, if the Planning Board finds that such reductions will result in better design and improved protection of natural and scenic resources; provided, however, that the average lot size in a development shall not be less than 50% of the applicable minimum lot size listed in Article VI, § 305-6.02.

Lot shape. All building lots must be able to contain a circle of a minimum diameter of 75 feet from the front line to the rear building line.

Setbacks. The Planning Board may permit a reduction by up to 1/2 of the setbacks otherwise listed in the Table of Dimensional and Density Regulations in the Zoning Bylaw, if the Board finds after receiving an opinion from the Conservation Commission that such reduction will not affect natural resources, would result in better design and improved protection of the natural and scenic resources and will otherwise comply with the bylaw. Notwithstanding this provision or the requirements of the Zoning Bylaw, every dwelling fronting on the proposed roadways shall be set back a minimum of 15 feet from the roadway right-of-way, and a minimum of 30 feet buffer setback from the outer perimeter of the land subject to the application. This thirty-foot setback shall be maintained in a naturally vegetated state or planted to create a screen and buffer the development. Wherever feasible, construction of the dwelling at the front setback line is encouraged. The applicant shall provide a narrative describing any requested modifications of setback requirements as specified in § 305-11.04E(4) of the Zoning Bylaw and noting the proposed lots for which setback reductions are being sought.

Provision of affordable housing units on site.

Location of affordable units. All affordable units shall be situated within and dispersed throughout the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, than the market-rate units. Affordable lots shall not be smaller than the average lot within the development and shall not have drainage or utilities easements on them.

Minimum design and construction standards for affordable units. Affordable housing units within market-rate developments shall be integrated with the rest of the development and shall be identical to the market-rate units in size, design, appearance, construction, building systems such as HVAC, electrical and plumbing, and quality and types of materials used in all interior space including bedrooms, kitchen, bathrooms, living rooms, studies, hallways, closets, garages and basements and provided with identical amenities and appliances such as, but not limited to, decks, central vacuum cleaning systems, stoves, refrigerators, compactors, disposals, dishwashers and landscape fencing, walls and plantings unless otherwise approved in the special permit by the Planning Board. No changes to these standards may be made by the Planning Board without the approval of the Housing Partnership.

Timing of construction or provision of affordable units or lots.

Unless otherwise approved by the Planning Board, affordable housing units shall be provided coincident to the development of market-rate units, but in no event shall the development of affordable units be delayed beyond the schedule noted below:

	Market-Rate Unit %	Affordable Housing Unit %
	Up to 30%	None required
	30% plus 1 unit	At least 10%
	Up to 50%	At least 30%
	Up to 75%	At least 50%
	75% plus 1 unit	At least 70%
	Up to 90%	100%
	Fractions of units shall not be counted

Compliance with this requirement shall be monitored by the Building Commissioner/Zoning Enforcement Officer and the auditing agency (see Subsection J), on the basis of building permits issued and certificates of occupancy requested for both the affordable housing units and market-rate units. Certificates of occupancy for any market-rate housing units or nonresidential space shall not be issued if the required affordable housing units are not being provided in accordance with this schedule.

Marketing plan for affordable units.

Applicants shall submit a marketing plan which describes the number of affordable housing units, their approximate sales price or rent level, the means for selecting buyers or tenants of the affordable units, how the applicant will accommodate local preference requirements and the method of affirmatively marketing the affordable units (including the marketing of such units) to minority households, in a manner that complies with the LIP Guidelines. This requirement is further addressed in Subsection I of this bylaw.

The marketing plan shall be developed by the applicant with the assistance of the lottery agent and submitted to the Housing Partnership. The Housing Partnership shall review the marketing plan to determine its appropriateness in addressing the affordable housing needs within the community and its compliance with applicable federal and state statutes and regulations, the LIP Guidelines and this bylaw. The Housing Partnership may require modifications of the marketing plan or, if it determines the plan to be satisfactory, may forward it to DHCD with a favorable recommendation. Following the approval of the marketing plan by DHCD, the Housing Partnership shall notify the Planning Board and the lottery agent. The special permit and building permits may be granted prior to receiving DHCD approval so as to facilitate the construction of the development; however, certificates of occupancy, whether for affordable or market-rate units, shall not be issued until such time as the marketing plan has been approved by DHCD.

Applicants shall comply with the requirements of the lottery agent and certify their acceptance and willingness to comply with the lottery process or other requirements of the lottery agent for the selection of qualified housing buyers or renters for the affordable units. The lottery system and requirements are further addressed in Subsection I of this bylaw.

Provision for fees in lieu of construction of affordable housing units.

Fees in lieu of construction of affordable housing units. An applicant may propose to pay a fee in lieu of construction of affordable housing units to the Marshfield Housing Authority. The fee in lieu of construction shall be for the sole purpose of converting non-affordable housing units to affordable housing units in the Town as part of the Local Initiative Program and shall be held in trust and in separate interest-bearing accounts by the Marshfield Housing Authority for such purpose.

For each affordable unit for which a fee in lieu of construction is paid, the cash payment per unit shall be equal to 65% of the average price being asked for the market-rate units in the applicable development.

The fee in lieu of construction shall not result in an increase in the total number of market-rate units contained in the application for the special permit approved by the Planning Board.

The Marshfield Housing Authority shall submit to the Housing Partnership, annually and upon request, reports and other documentation of the use of or its financial accounting for the fees in lieu of construction.

The Marshfield Housing Authority shall hold all fees in lieu of construction of affordable housing units paid to it and all investment income and profit thereon received by it separately from all other monies of the Marshfield Housing Authority. It shall cause such fees, income and profit to be audited at least once a year by an independent certified public accountant or independent firm of certified public accountants experienced in auditing accounts of governmental entities (which may be its regular auditor if such regular auditor meets the foregoing criteria), such audit to be completed no later than the general audit of the Marshfield Housing Authority's financial statements for the applicable fiscal year, and a copy of such audit shall be promptly submitted to the Town Accountant, the Town Treasurer/Collector, the Town Administrator, the Board of Selectmen, the Housing Partnership, and the Planning Board. Such audit may be combined with the general audit of the Marshfield Housing Authority as long as all matters relating to such fees, income and profit are set forth separately from all other accounts of the Marshfield Housing Authority.

[Amended 4-24-2017 ATM by Art. 12]

Schedule of fees in lieu of payments. Fees in lieu of construction payments shall be made according to the schedule set forth in Subsection F(3) above.

Preferences applicable to buyer/renter selection.

Local preference.

Local preference shall be given to local residents in the selection of eligible applicants for 70% of the affordable units in a development.

Verification of local residency may require several forms of verification. The lottery agent shall make the determination as to the types of documentation required for verification of residency.

The application of local preference shall be in compliance with all applicable fair housing laws and LIP Guidelines.

Minority preference.

Affirmative marketing goal. An affirmative marketing goal established for the Town by the DHCD shall be made part of the selection criteria for residents in all developments to which this bylaw applies.

Lottery selection of buyer/renter.

The Marshfield Housing Authority or its designee shall serve as the lottery agent and shall assist in the development of a marketing plan as provided in Subsection F(4) for each development to which this bylaw applies. The marketing plan shall describe the buyer selection process for the affordable units, including any lottery or similar procedure for choosing among eligible purchasers, and will provide for affirmative fair marketing of affordable housing units. The marketing plan shall include local preference as provided in Subsection F(4).

The lottery agent shall determine income and asset eligibility of all applicants for affordable housing according to LIP Guidelines and LIP Regulations, age restrictions, when applicable, and local preference described in Subsection H when conducting its marketing and lottery. There shall be no discrimination on the basis of race, creed, color, sex, age, handicap, marital status, sexual preference, national origin, or any other basis prohibited by law in the selection of occupants for the affordable housing units.

Prior to marketing or otherwise making available for sale or rental of any of the units, the applicant and the lottery agent must obtain DHCD's approval of the marketing plan. When submitted to the Housing Partnership for approval, the marketing plan shall be accompanied by a letter from the Board of Selectmen to the effect that the Town will perform any aspects of the marketing plan which are set forth therein as responsibilities of the Town.

The lottery agent shall be compensated by the applicant for its services as lottery agent in the amount and in the manner described in the approved marketing plan and schedule of fees established in accordance with Subsection L of this bylaw.

Auditing agency.

The Marshfield Housing Authority or its designee shall serve as the auditing agency for all developments approved under this bylaw and shall represent the interest of the Town and the Local Initiative Program. The auditing agency shall audit all applicable developments to determine compliance with the affordability and other requirements of the LIP, this bylaw, and to conditions relating to affordability, special permit, regulatory agreement, and use restrictions, for all applicable developments.

Initial sale. The auditing agency will review the initial sales data and determine the compliance of the development with the affordability requirements, as described in the LIP Guidelines and LIP Regulations. The auditing agency shall also ensure the applicant's compliance with the approved marketing plan and lottery process. Upon completion of its review of initial sales data, the auditing agency will deliver to the Housing Partnership a copy of such data together with the auditing agency's determination of whether the affordability requirements have been met.

Resale. The auditing agency shall audit resales of affordable units, including appraisal and selling price, deeds, use restriction, regulatory agreement and other applicable documents, for compliance with LIP Guidelines and LIP Regulations. The auditing agency shall evaluate the affordability of the unit and whether the unit should remain affordable or funds should be recaptured and turned over to the Town. Upon completion of its review of resales information, the auditing agency will deliver to the Housing Partnership a copy of its findings together with its recommendations. The Housing Partnership shall make a determination as whether the unit is to remain affordable or whether the excess proceeds should be returned to the Town. If the determination of the Housing Partnership is to retain the unit as affordable, the auditing agency shall locate and select an eligible buyer in compliance with the approved LIP Guidelines and LIP Regulations, marketing plan and lottery process.

Annual report. The auditing agency shall prepare and deliver, annually, an annual compliance report with respect to each development to which this bylaw pertains to the Housing Partnership regarding the construction progress (where applicable) of the applicant with respect to any affordable units to be provided on site and any handicapped accessible units required to be provided and compliance of the applicant with all matters to be reviewed by the auditing agency as set forth in Subsection J(1) through (3) above. The annual compliance report shall indicate the extent of any noncompliance with such matters, describe efforts being made by the applicant to remedy such noncompliance and, if appropriate, recommend possible enforcement action against the applicant. The auditing agency shall deliver the annual compliance report within 120 days of the end of each calendar year.

The applicant and the Town shall submit any information, documents or certifications requested by the auditing agency which the auditing agency shall deem necessary or appropriate to evidence the continuing compliance of the applicant and the Town with the LIP and this bylaw.

The Marshfield Housing Authority shall be compensated by the applicant for its services provided as auditing agency in the amount and in the manner described in the approved marketing plan and the schedule of fees as set forth in Subsection L of this bylaw.

Maximum incomes and selling prices; initial sale.

To ensure that only eligible households purchase affordable housing units, potential buyers are required to submit all income and asset documentation to the lottery agent, as requested by the lottery agent, necessary and appropriate to determine whether the annual income exceeds the maximum level as established by the DHCD, and as may be revised from time to time.

The price of an affordable unit shall be determined in accordance with the most current LIP Guidelines and LIP Regulations.

The occupants of an affordable unit shall provide promptly to the auditing agency all documentation requested by the auditing agency, for the determination of initial and continued eligibility and any other matter regarding compliance with the LIP or this bylaw.

The method of determining the sale price for an affordable unit shall be recorded on the deed as a use restriction on the resale of the affordable unit.

The Town shall have the right of first refusal to either find a qualified buyer for the affordable unit or to purchase the unit to ensure that it remains affordable, should a qualified buyer not be found. The right of first refusal shall be recorded on the deed as a use restriction.

Fees.

A schedule of fees shall be developed and maintained by the Planning Board in consultation with the auditing agency, lottery agent, Housing Partnership and Board of Selectmen.

Fees established by the Planning Board shall include, but not be limited to, administrative fees, consultant fees, legal fees and any additional fees the Planning Board may determine to be appropriate for the issuance of the special permit and the administration of this bylaw and the Local Initiative Program. Fees established by the Planning Board shall be subject to a public hearing prior to their adoption by the Planning Board.

The lottery agent and auditing agency shall establish a fee schedule to defray the cost of implementing and auditing the lottery system and the affordable units in consultation with the Planning Board, Housing Partnership and Board of Selectmen. A copy of the fee schedule shall be forwarded to the Planning Board.

Criteria for review and approval.

The Planning Board shall review all applications for inclusionary zoning for affordable housing to determine compliance of the proposal with the following criteria:

Subsection A, Purpose;

Subsection E, Standards and dimensional regulations;

Compatibility through design, architecture and buffering with surrounding neighborhood;

Acceptability of road layout and site design;

Preservation of important natural, historic and/or archaeological resources;

Conflict with other bylaws. The provisions of this section of the bylaw shall be considered supplemental to the other provisions of the Zoning Bylaw. To the extent that any conflict exists between this section of the bylaw and others, the more restrictive provision shall apply.

Severability. If any provision of this bylaw is held invalid by a court of competent jurisdiction, the remainder of the bylaw shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this bylaw shall not affect the validity of the remainder of the Town's Zoning Bylaw.

§ 305-11.15 Wind energy conversion facilities (WECF).

[Added April 2010 ATM by Art. 20]

Purpose and applicability.

Wind energy is an abundant, renewable and nonpolluting energy resource; its conversion into electricity will reduce our dependency on nonrenewable energy resources that adversely impact our air and water quality.

The purpose of this bylaw is to provide by special permit for the construction and operation of wind energy conversion facilities (WECF) or facility and to provide standards for the placement, design, construction, monitoring, modification and removal of WECF. These regulations are intended to protect public health and safety and minimize impacts on scenic, natural and historic resources of the Town, while allowing wind energy technology to exist. These regulations also provide adequate financial assurance for the decommissioning of WECF.

This bylaw applies to utility-scale, building-mounted and small-scale ground-mounted WECF proposed to be constructed after the effective date of this bylaw. Any physical modifications made after the effective date of this bylaw to existing WECF that materially alter the type or increase the size of such WECF or other equipment shall require a special permit.

General requirements.

No WECF shall be erected, constructed, installed or modified, as provided in this section, without first obtaining a special permit from the Board of Appeals. The construction of a WECF shall be permitted, subject to the issuance of a special permit, in compliance with § 305-10.10, Special permits, § 305-12.02, Site plan approval, and the requirements of § 305-5.04, Table of Use Regulations. WECF must comply with all requirements set forth in this bylaw. All such WECF shall be constructed and operated in a manner that minimizes any adverse safety and environmental impacts. No special permit shall be granted unless the special permit granting authority, the Board of Appeals, makes findings in writing that:

The specific site is an appropriate location for such use;

There is not expected to be any serious hazard to pedestrians, vehicles or abutting properties from the use;

Adequate and appropriate facilities will be provided for the proper operation of the use.

The special permit decision from the Board of Appeals may impose reasonable conditions and safeguards that may require the applicant to implement measures to mitigate adverse impacts of the WECF, if it is determined by the Board of Appeals that they are likely to occur.

Wind monitoring or meteorological towers shall be permitted in all zoning districts that allow for WECF, as listed in § 305-5.04, Table of Use Regulations. Wind monitoring towers are subject to the issuance of a building permit for a temporary structure and are also subject to reasonable regulations concerning the height of structures, lot area and setback requirements.

Compliance with all laws, bylaws and regulations. The construction and operation of all WECF shall be in compliance with all applicable local, state and federal laws and regulations, including but not limited to all applicable safety, construction, environmental, electrical, communications and aviation requirements.

Proof of liability insurance. The applicant shall be required to provide evidence of liability insurance in an amount and for a duration of time sufficient to cover loss or damage to persons and structures occasioned by the failure of the facility.

Site control. At the time of an application for a special permit, the applicant shall submit documentation of actual or prospective control of the project site sufficient to allow for installation and use of the proposed facility. Documentation shall also include proof of control over setback areas and access roads if required.

General siting standards.

Height. WECF shall be no higher than 300 feet in elevation above the existing natural grade of the land. WECF may exceed 300 feet if:

The applicant demonstrates by substantial evidence that such height reflects industry standards for a similarly sited WECF;

The additional benefits of a higher tower outweigh any increased adverse impacts;

The facility satisfies all other criteria for the granting of a special permit under the provisions of this section;

The height of the facility is approved by the FAA and the MA DOT Aeronautics Division if required.

Setbacks. WECF shall be set back a distance equal to the overall blade tip height plus the required setback in the applicable zoning district. The Board of Appeals may allow reduced setbacks for municipally owned WECF if the abutting property is owned by another Town entity and that entity/agency agrees to allow the structure near property under its control. In no case will the setback be less than the height of the facility to any existing structure.

Setback waiver. The Board of Appeals may reduce the minimum setback distance as appropriate based on site-specific considerations if the project satisfies all other criteria for the granting of a special permit under the provisions of this section.

Design standards.

Color and finish. The Board of Appeals shall have discretion over the turbine color. A neutral, nonreflective exterior color designed to blend with the surrounding environment is encouraged. Color renderings of the proposed WECF shall be submitted to the Board of Appeals for review and approval.

Lighting and signage.

Lighting. WECF shall be lighted only if required by the Federal Aviation Administration (FAA). Lighting of other parts of the WECF, such as appurtenant structures, shall be limited to that required for safety and operational purposes and shall be reasonably shielded from abutting properties.

Signage.

Signs on the WECF shall comply with the requirements of the Town's sign regulations contained in Article VII of this bylaw and shall be limited to:

[a]

Those necessary to identify the owner, provide a twenty-four-hour emergency contact phone number, and warn of any danger;

[b]

Educational signs providing information about the facility and the benefits of renewable energy.

WECF shall not be used for displaying any advertising except for identification of the manufacturer or operator of the wind energy facility.

Utility services. All utility transmission lines from the WECF shall be located underground. The Board of Appeals may waive this requirement depending on soil conditions and topography of the site and any requirements of the utility provider. Electrical transformers, substations and disconnect devices for utility interconnections may be above ground if required by the utility provider.

Appurtenant structures. All appurtenant structures to a WECF shall be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including but not limited to equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Structures shall only be used for housing of equipment for the subject property. Whenever feasible, structures should be screened from view by a solid fence, wall or evergreen vegetation and/or located in an underground vault and joined or clustered to avoid adverse visual impacts.

Support towers. Monopole towers are the preferred type of support for the WECF.

Ground-mounted WECF are not permitted to host telecommunication equipment.

Safety, aesthetic and environmental standards.

Emergency services. The applicant shall provide a copy of the application package to the Department of Public Works and Fire and Police Departments. The applicant shall coordinate with those departments listed above in developing an emergency response plan.

Unauthorized access. WECF and other appurtenant structures shall be designed with a security barrier, structure, wall or fence at least six feet in height to prevent unauthorized access. To prevent access to the support tower by unauthorized persons, climbing apparatus shall be no lower than 10 feet from the ground or by placing secure shielding over the climbing apparatus.

Shadow/flicker. WECF shall be sited in a manner that minimizes shadowing or flicker impacts. The applicant has the burden of proving that this effect will not have significant adverse impact on neighboring or adjacent uses through either siting or mitigation.

Noise.

The WECF and associated equipment shall conform to the following requirements, whichever is more restrictive:

Article XII, Special Regulations, § 305-12.01J of this bylaw; or

The provisions of the State Department of Environmental Protection (DEP) Division of Air Quality Noise Regulations (310 CMR 7.10). A source of sound will be considered to be violating these regulations if the source:

[a]

Increases the broadband sound level by more than 10 dB above ambient; or

[b]

Produces a "pure tone" condition, when an octave band center frequency sound-pressure level exceeds the two adjacent center frequency sound-pressure levels by three decibels or more.

These criteria shall be measured at both the property line and at the nearest inhabited residence.

Land clearing. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the WECF. No site alteration, clearing activities or grading shall take place on the site prior to the issuance of a special permit, except for construction of a temporary wind monitoring meteorological tower.

Monitoring and maintenance facility conditions. The applicant shall maintain the WECF in good condition in compliance with manufacturer's specifications, all State Electric Code requirements and the provisions of this bylaw. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the Police and Fire Departments. The project owner shall be responsible for the cost of maintaining the WECF and any access road, unless accepted as a public way, and for the cost of repairing any damage occurring to the access road as a result of construction and operation.

Modifications. All material modifications to a WECF made after issuance of the special permit shall require approval by the Board of Appeals as provided in this section.

Abandonment or decommissioning.

Removal requirements.

Any WECF which has reached the end of its useful life or has been abandoned shall be removed. When the WECF is scheduled to be decommissioned, the applicant shall notify the Town by certified mail of the proposed date of discontinued operations and plans for removal. The owner/operator shall physically remove the WECF no more than 150 days after the date that operations are discontinued. At the time of removal, the WECF site shall be restored to the state it was in before the facility was constructed. More specifically, decommissioning shall consist of:

Physical removal of all WECF structures, equipment, security barriers and transmission lines from the site;

Disposal of all solid and hazardous waste in accordance with local and state waste disposal regulations;

[3]

Stabilization or revegetation of the site as necessary to minimize erosion.

The Board of Appeals may allow the owner to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

Abandonment. Absent notice of a proposed date of decommissioning, the facility shall be considered abandoned when the facility fails to operate for more than one year without the written consent of the Board of Appeals. If the applicant fails to remove the WECF in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town shall have the authority to enter the property and physically remove the facility.

Financial surety. The Board of Appeals shall require the applicant for a utility-scale WECF to provide a form of surety that will be available for use for the operating life of the WECF, either through escrow account, bond or other acceptable form of surety. The surety bond will be sufficient to cover the cost of removal in the event the Town or its contractor must remove the facility, in an amount and form determined to be reasonable by the Board of Appeals. In no event shall the surety bond exceed more than 125% of the estimated cost of removal. Such surety will not be required for municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal prepared by a qualified engineer. The amount shall include a mechanism for cost of living adjustment.

Term of special permit.

A special permit issued for a WECF shall be valid for 25 years, unless extended or renewed. The time period may be extended or the permit renewed by the Board of Appeals upon satisfactory operation of the facility. Request for renewal must be submitted at least 180 days prior to expiration of the special permit. Submitting a renewal request shall allow for continued operation of the facility until the Board of Appeals acts. At the end of the term (including extensions and renewals), the WECF shall be removed as required by this section.

The applicant or facility owner shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.

Application process and requirements.

General. The application for a WECF shall be filed in accordance with the rules and regulations of the Board of Appeals concerning special permits, Article X, Administration and Enforcement, § 305-10.10, and Article XII, Special Regulations, § 305-12.02, Site plan approval. All applications for special permits shall be filed by the applicant with the Town Clerk pursuant to MGL c. 40A, § 9.

Required information. The applicant shall provide the Board of Appeals with 16 copies of the application. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts. The following information shall be included in the application:

Name, address, phone number and signature of the applicant, as well as all co-applicants and property owners;

The name, contact information and signature of any agents representing the applicant;

Documentation of the legal right to use the WECF property.

Siting and design. The applicant shall provide the Board of Appeals with a description of the property which shall include a location map from a copy of a portion of the most recent USGS Quadrangle Map, at a scale of 1:25,000, showing the proposed WECF site and the area within a two-mile radius from the proposed WECF.

Site plan. Applicants shall submit a detailed site plan, stamped by a Massachusetts licensed professional engineer, showing the proposed WECF property and the following site features:

Property lines for the site parcel and adjacent parcels within 300 feet;

Outline of all existing buildings, identifying their use (e.g., residence, garage, etc.) on the subject property and all abutting properties;

Location of all existing and proposed access roads, public and private, on the site and adjacent parcels within 300 feet and proposed roads or driveways either temporary or permanent;

Existing areas of tree cover, including the predominant height of trees, on the site parcel and adjacent parcels;

Proposed location and design of WECF, including all turbines, ground equipment, appurtenant structures, transmission infrastructure, access and fencing, etc.;

Location of all vantage points referenced below in Subsection J(5);

(g)

Location of all resource areas, wetlands, natural heritage and endangered species estimated and priority habitat areas, migratory bird flyways, and prominent and natural and historical site features;

(h)

All proposed grading shown in two-foot contour intervals;

(i)

All proposed lighting shall be shown on the site plan. All lighting shall be designed to minimize glare on abutting properties and be directed downward with full cutoff fixtures to reduce light pollution, except as required by the FAA and/or MA DOT Aeronautics Division;

(j)

Drainage calculations for the stormwater management system for all proposed impervious surfaces;

(k)

Zoning district;

(l)

Existing site topography at two-foot contour intervals.

Visual simulations.

Photo simulations. The Board of Appeals shall select between three and six sight lines, including from the nearest building with a view of the WECF, for pre- and post-construction view representations. Sites for the view representations shall be selected from populated areas or public ways within a two-mile radius of the WECF. Computer-generated photo simulations shall have the following requirements:

Photo simulations shall be in color and shall include actual pre-construction photographs and accurate post-construction simulations of the height and breadth of the WECF;

All view representations shall include existing and proposed vantage points, distances and angles, WECF structures, buildings and tree coverage;

[3]

A description shall be provided of the technical procedures used in producing the photo simulations' vantage points, distances and angles.

[Amended 4-24-2017 ATM by Art. 12]

Balloon test. The applicant shall conduct a balloon test to help visualize the height of the proposed WECF. A large, brightly colored balloon that can be seen from a distance shall be raised to the same height as the highest point of the blade of the proposed WECF. The time and date of the balloon test shall be determined at the first public hearing and advertised by the applicant in a newspaper of general circulation in Marshfield. A second date for the test shall be provided in the event of poor weather/visibility. Balloon tests shall be scheduled between the hours of 9:00 a.m. and 5:00 p.m. All balloon tests shall be conducted during daylight hours and clear weather conditions.

Landscape plan. A landscape plan shall be provided that shows the location of all existing and proposed plantings. The landscape plan shall specify the size, type and location of all proposed plantings. The WECF shall be screened from adjacent properties by one or a combination of the following:

A minimum six-foot-high evergreen vegetative buffer;

A six-foot-high solid fence; or

A six-foot-high wall.

Operation and maintenance plan. The applicant shall submit a plan for maintaining access roads and the stormwater management system, as well as general procedures for operational maintenance of the WECF in accordance with manufacturer's specifications.

Compliance documents. The applicant shall provide the following information as part of the special permit application:

A description of financial status of the owner of the proposed WECF;

Proof of liability insurance;

Certification of structure height approval from the FAA and from the MA DOT Aeronautics Division if required by applicable federal regulations;

A statement certified by an acoustical engineer that demonstrates compliance with Subsection H(4) of this bylaw and provides the existing ambient sound levels and maximum projected noise levels from the WECF;

Design plans of the WECF foundation and manufacturer's design plans for the structure, stamped by a Massachusetts licensed professional engineer;

One- or three-line electrical diagram detailing the WECF components and electrical interconnection methods, including all National Electrical Code compliant disconnects and over-current devices;

(g)

Documentation of the WECF manufacturer and model, rotor diameter, tower height and tower type.

Independent consultants. Upon submission of an application for a special permit, the Board of Appeals will be authorized to hire outside consultants, as needed, to advise it on technical issues related to the WECF application, pursuant to MGL c. 44, § 53G. The applicant will be required to pay this consultant's fees.

Building-mounted wind energy conversion facilities.

Building-mounted WECF are allowed subject to a building permit and a special permit issued by the Board of Appeals as an accessory use. Applications for a building-mounted WECF shall comply with the requirements of Article X, § 305-10.10, Special permits, of this bylaw.

Turbine size. The blade tip of a building-mounted WECF shall be no lower than 15 feet from the ground elevation and no higher than 20 feet above the ridge line of the roof.

Noise. The WECF shall comply with the noise regulations listed in Subsection H(4) of this bylaw.

Number allowed. One WECF is allowed per building.

Additional submission requirements. Applicants shall submit architectural elevation drawings of the building showing the proposed WECF. Detailed manufacturer's specifications for the WECF shall be submitted.

Shadow/flicker. Building-mounted WECF shall comply with Subsection H(3), Shadow/flicker, of this bylaw.

Discontinuance. WECF that are not functionally operating for more than one year or have been determined to be a safety hazard by the Building Commissioner/Zoning Enforcement Officer shall be removed within 30 days of an order from the Building Commissioner/Zoning Enforcement Officer to remove the WECF.

Setbacks. Building-mounted WECF shall be set back from the property line a distance equal to the length of the turbine blades plus the minimum setback required in the applicable zoning district.

Small-scale ground-mounted wind energy conversion facilities.

Small-scale ground-mounted WECF are allowed as an accessory use subject to a building permit and a special permit issued by the Board of Appeals. Applications for a small-scale ground-mounted WECF shall comply with the requirements of Article X, § 305-10.10, Special permits, and Article XII, Special Regulations, § 305-12.02, Site plan approval, of this bylaw.

Turbine size. The blade tip of the WECF shall be no lower than 15 feet from the existing ground elevation. The maximum height of a small-scale WECF is 150 feet above the existing ground elevation.

Noise. The WECF shall comply with the noise regulations listed in Subsection H(4) of this bylaw.

Additional submission requirements. Applicants shall submit an elevation drawing of the proposed WECF that illustrates the ground-mounted WECF on the property in relation to existing buildings, landscaping and other prominent site features. Detailed manufacturer's specifications for the WECF shall be submitted.

Shadow/flicker. Ground-mounted WECF shall comply with Subsection H(3), Shadow/flicker, of this bylaw.

[Amended 4-24-2017 ATM by Art. 12]

Discontinuance. Ground-mounted WECF that are not functionally operating for more than one year or have been determined to be a safety hazard by the Building Commissioner/Zoning Enforcement Officer shall be removed within 30 days of an order from the Building Commissioner/Zoning Enforcement Officer to remove the WECF.

Location. Ground-mounted turbines are not permitted within the front setback area of the lot, facing a public or private way.

Setbacks. Ground-mounted WECF shall comply with the setback requirements for the zoning district, as required in Article VI, Dimensional and Density Regulations, § 305-6.02. The setback distance shall be measured from the tip of the blade to the lot line.

Security. All ground-mounted WECF shall comply with the requirements of Subsection H(2) of this bylaw.

§ 305-11.16 Mixed-use building in B-1.

[Added 10-18-2021 STM by Art. 21]

Purpose. The purpose of this section is to allow for the reintroduction of mixed-use buildings (commercial-residential) in the B-1 District by special permit. This special permit process would allow for design review and site planning of mixed-use buildings and adding more flexibility in the use of buildings in this district by allowing residential above commercial to assist in the redevelopment of older properties in the downtown.

Process. The applicant files a special permit application with the Planning Board acting as the special permit granting authority.

For properties that meet the minimum lot and dimensional requirements the Board shall use the following maximum density requirement of 10 units per acre. For units created under this standard the applicant shall provide 20% of the units that meet the state's affordable housing affordability requirements for low-or moderate-income individuals as defined in Article II, Definitions of this Bylaw.

For older pre-existing non-conforming lots under 10,000 square feet in size with existing buildings the Board may allow by the special permit the creation of one residential unit per 4,000 square feet of lot area. If more than two residential units are created under this pre-existing non-conforming standard, the applicant shall provide 10% of the units that meet the state's affordable housing requirements.

An applicant may propose to pay a fee-in-lieu of construction of affordable housing units to the Marshfield Housing Partnership/Marshfield Housing Authority. A fee-in-lieu of construction shall be for the sole purpose of creating Affordable Housing in the Town of Marshfield that meet the state's LIP and adds to the Town's Subsidized Housing Inventory as determined by the Housing Partnership. The fee-in-lieu of construction shall be held in trust and in separate interest bearing accounts by the Marshfield Housing Authority for such purpose.

The fee-in-lieu of construction shall not result in an increase in the total number of units contained in the application for the special permit approved by the Planning Board.

Required performance standards.

Meets existing front, side, rear yard setbacks and maximum height of 35 feet/three stories.

Mixed-use buildings would be designed to have a minimum of 40% of the first floor to be commercial use. The upper two floors to become residential units.

Residential units would gain access on the first floor to the side or rear of the building.

Residential units shall provide a minimum of 1.25 parking space per bedroom. Residential parking spaces can be designed in tandem per unit when providing covered parking.

Residential parking should be separate from commercial parking areas and should be sited to the sides or rear of the building.

Residential parking shall be provide on-site.

Architectural details, including elevation plans of all sides (including textures of siding and roofing) shall be harmonious with the building's overall architectural style and should preserve and enhance the historic coastal character of Marshfield.

Applicants with historic structures shall work with the Historical Commission on addressing additions or alterations.

Building facades in excess of 40 feet in length shall incorporate recesses or projections of a minimum of two in depth or otherwise be designed to break up the buildings mass and scale.

A six-foot step-back of the third floor from the lower two floors on the front and rear of the building(s) shall be provided to reduce the visual height appearance.