[Added 6-6-2022 by Order No. 22-035]
The Jackson Square Zoning Overlay District is an overlay zoning
district. Parcels within the overlay district are first subject to
the additional regulations of the overlay. In cases where there is
a conflict, the regulations of the overlay zoning supersede the underlying
zoning district.
The purpose of the Jackson Square Overlay District is to support
a vibrant, mixed use village center that protects and enhances the
significant natural resource of Herring Run Brook and connects the
village and the brook to existing open space and recreational resources,
including Lovell Field, Stephen J. Rennie Park, Iron Hill Park, and
the Back River Trail. Existing public transit (bus and commuter rail),
proposed improvements to encourage walking and biking, and municipal
parking (on-street and off-street) provide multimodal transit options
connecting the surrounding neighborhoods to Jackson Square. These
goals are consistent with the Town's commitment to Complete Streets,
the Weymouth Master Plan and the Jackson Square Land Use Plan.
It is hereby declared to be the intent of the Jackson Square
Overlay District to establish reasonable standards that permit and
control mixed-use residential, commercial, governmental, institutional,
and office uses in the Town of Weymouth. New development or substantial
additions to or rehabilitation of existing buildings should accomplish
the following goals:
A.
Be sympathetic to the massing and form of existing built structures
and the architectural detailing of historic structures.
B.
Enhance the public realm by creating outdoor open spaces linked to
existing open spaces, providing, over time, a continuous network of
publicly accessible space along the Herring Run Brook.
C.
Support amenities for pedestrians and bicyclists, including public
seating in areas of shade and sun, bicycle storage, and active, welcoming
ground-floor facades.
D.
When feasible, adapt existing historic structures for new commercial
uses that support the adjacent neighborhoods.
E.
Increase the variety of housing including ownership/rental models,
different levels of affordability, and different sizes and layout
to accommodate housing needs for a wide range of ages, incomes, and
levels of mobility.
F.
Reduce the amount of impervious surface by reducing parking requirements
by use, encouraging shared parking spaces and parking access, and
using low-impact development techniques to capture stormwater on site,
preventing surface water runoff into the Herring Run Brook or the
Town's stormwater sewer system.
This article is intended to be used in conjunction with other
regulations as adopted by the Town, including historic district guidelines,
design guidelines, site plan review, and other local ordinances designed
to encourage appropriate and consistent patterns of village development.
The Jackson Square Overlay District is further divided into
the following three (3) subdistricts as formally delineated on the
Town of Weymouth Zoning Map.
A.
Within the Lower Jackson Square District (WSD) three-story projects of 40 feet or less adhering to the criteria contained within this article are permitted as of right with site plan review per Article XXIVA and the additional guidelines of this Article. A special permit may also be granted by the Board of Zoning Appeals for mixed-use buildings of up to four stories and 50 feet comprised of commercial use(s) occupying 51% or more of the ground floor and office and/or residential on the upper floors. The fourth floor shall be set back and not to exceed 75% of the area of the floor below.
B.
Within the Upper Jackson Square District (UJSD) on a lot(s) of 10,000 square feet or more, mixed-use or commercial projects of three stories and 40 feet or less in compliance with the stated goals and criteria of this article are permitted as of right with site plan review per Article XXIVA.
C.
Within the Upper Commercial Street District (UCSD) low density residential development including detached and attached townhomes with a maximum of 2.5 stories and 35 feet are permitted as of right provided that the lot(s) consist of 15,000 square feet or more. All such proposals require site plan review per Article XXIVA. Any proposals on lots containing less than 15,000 square feet require a special permit from the Board of Zoning Appeals.
In specific areas defined below, the Board of Zoning Appeals
may consider an additional partial floor in exchange for a commitment
from the applicant to make a minimum of 10% of all units affordable
to households at or below 80% of the Boston-Cambridge-Quincy Metropolitan
Statistical Area Median Income Level. The rental rate for these households
will be determined by using the monthly rental rates for studio/efficiency
and one-bedroom and two-bedroom units in Boston-Cambridge-Quincy,
MA-NH HUD Metro FMR Area for the applicable fiscal year as published
by the U.S. Department of HUD, as the FY Fair Market Rent Documentation
System - Final FY Boston City FMR's By Unit Bedrooms. Affordability
restriction will be in perpetuity. With a special permit granted under
this section, the following allowances may be given:
A.
Within the Lower Jackson Square District, the Board of Zoning Appeals may consider a partial fifth floor not to exceed 60 feet which is additionally stepped back a minimum of five feet on all sides from the floor below. (Allowable height supersedes limits designated in § 120-25.41C.)
B.
Within the triangular portion of the Upper Jackson Square District bordered by Cottage Street on the west, Broad Street on the south, and Commercial Street on the north, the Board of Zoning Appeals may consider a partial fourth floor not to exceed 75% of the area of the floor below and not to exceed 50 feet. (Allowable height supersedes limits designated in § 120-25.41C.)
C.
In considering this request the Board will consider the purpose and
intent of this article and must specifically consider:
(1)
The extent to which topography minimizes the visual impact from
the streetscape and other view corridors.
(2)
The comparative scale of the proposal to abutting properties.
(3)
The extent to which architectural techniques and materials work
to soften and project as a whole. The use of landscaping to soften
the transition is also encouraged.
(4)
The extent to which the design and location of the additional
floor is sympathetic to the visual impact on all sides.
No structure shall be erected, altered or moved, except in conformity
with the following overlay district requirements:
A.
Front yard setback:
(1)
The principal facade shall be set back no further than the setback
of one of the adjacent buildings or the average of both unless the
front yard setback includes publicly accessible open space, such as
a small plaza, as an integrated component of the overall development.
If no building is adjacent to the parcel, then the measure is the
closest building on the same side of the principal street.
(2)
Parking and loading shall not be allowed in the front yard setback.
(3)
Porches, porticoes, stoops, bay windows, and other architectural
protrusions integrated into the principal facade are allowed within
the front yard setback but may not extend into or over the public
right-of way.
(4)
The area between the principal facade and the public right-of-way
shall be appropriately landscaped.
B.
Rear or side yard setback:
(1)
Minimum of 20 feet from an abutting single-family residential
use.
(2)
Minimum of 20 feet from Herring Run Brook whether the brook
is visible or below the surface of the lot. To accomplish the purposes
of this article, the Board of Zoning Appeals is authorized to grant
a special permit reducing the required setback upon a showing that
the proposed development has made a significant effort to address
the goals of the Jackson Square Land Use Plan (2021) with respect
one or more of the following: 1) expansion of the Herring Run Pool
Park; 2) removal of invasive species from the banks of the brook;
3) daylighting the brook with appropriate channeling and plantings;
and 4) elimination of the surface water run-off from the site into
the brook. The twenty-foot minimum setback is for zoning purposes
only and does not supersede the requirements of the Massachusetts
Wetlands Protection Act and the Weymouth Wetlands Regulations as enforced
by the Weymouth Conservation Commission.[1] Where applicable, a separate application to that Commission
will be required.
[1]
Editor's Note: See MGL c. 131, § 40, and 310
CMR 10.0.
(3)
Where appropriate, rear and side yard setbacks shall connect
to public open space and be used for active and passive public uses
such as outdoor dining and retail, seating areas (shaded and open),
bike racks, and other amenities designed to support local businesses
and reinforce community pride and connections.
C.
Maximum height:
(1)
Within the Upper Commercial Street district, a maximum of 2.5
stories and 35 feet is permitted by right with site plan review.
(2)
Within the Upper Jackson Square district, a maximum of three
stories and 40 feet are permitted by right with site plan review.
(3)
To accomplish the purposes of this article, the Board of Zoning
Appeals may issue a special permit to proposals within the Lower Jackson
Square District (WSD) to allow an increase in the height of structures
either in existence, as reconstructed, or as new construction to four
stories and 50 feet. The relaxation of this requirement shall be allowed
subject to a finding that the additional height is required to meet
the development criteria for this zoning district. Three stories with
a maximum of 40 feet are permitted by right with site plan review.
(4)
The floor-to-floor height of the ground floor shall be between
12 feet and 15 feet, suitable for retail and restaurant uses, consistent
with current practice for such uses.
D.
Maximum lot coverage: 80% (buildings and parking).
(1)
To accomplish the purposes of this article, the Board of Zoning
Appeals is authorized to grant a special permit to allow a higher
lot coverage for structures either in existence, as reconstructed,
or as new construction. The relaxation of this requirement shall be
allowed subject to a finding that the additional lot coverage is required
to meet the site and design criteria for this zoning district.
Off-street parking spaces within the Jackson Square Overlay District shall be provided in accordance with the following minimum requirements. All other requirements related to parking shall be as defined in Article XVII, Off-Street Parking.
A.
Residential: A minimum of one parking space shall be provided for
each studio housing unit. A minimum of 1.5 spaces are required for
all other unit types. All parking for residential uses must be provided
for on-site or on a lot under the same ownership and within reasonable
walking distance as determined by the Board. For the commercial component,
at least 75% of the required parking must be provided on-site.
(1)
The use of off-site parking and/or shared parking to meet no
more than 25% the minimum required spaces of the proposed commercial
use can be considered in the following circumstances:
(a)
A written agreement, with a minimum of a five-year duration,
between the applicant and a property owner, including the Town and/or
the MBTA, to lease overnight parking spaces to meet the required minimum.
Space must be located within 1,000 feet of the lot line. If the conditions
for shared parking become null and void and the agreement is discontinued,
this will constitute a zoning violation for any use approved expressly
with shared parking. The property owner must then provide written
notification of the change to the Zoning Enforcement Official and,
within 60 days of that notice, provide a remedy satisfactory to the
Board of Zoning Appeals or other relevant regulatory body.
(b)
Demonstrated that the mix of uses on-site allows for the sharing
of parking spaces based on the anticipated peak demand for each use.
B.
Eating and drinking establishments: one space for each four seats.
C.
Retail, office and other commercial: one space per 400 square feet
of gross floor area.
In addition to the specific criteria regarding the granting of a special permit in Article XXV, the Board of Zoning Appeals shall issue a special permit only after consideration of all the following:
A.
Impact on the neighborhood visual character, including architectural
design, views and vistas.
B.
Degree to which the proposed use will share an access driveway and/
or parking with an adjacent use and avoids new curb cuts.
C.
Compliance with the site and design standards in this zoning article.
D.
Degree to which the proposed project complies with the goals of the
Jackson Square Land Use Plan (2021), the Weymouth Master Plan, and
the provisions of this article.
The following development standards shall be used for all applications
requiring site plan approval from the Zoning Board of Appeals and/
or the Director of Planning and Community Development.
A.
Criteria for the entire overlay district.
(1)
The principal facade shall be oriented toward the principal
street. The main building entrance shall face the street and clearly
connect to the public sidewalk.
(2)
Ground floor retail, restaurant, and other commercial uses shall
be oriented with their primary entrance and window(s) facing the principal
street. The relationship of these uses to the principal facade shall
maximize pedestrian activity and the visibility of the businesses
along the length of the principal facade.
(3)
A minimum of 60% of the street-facing building facade between
two feet and eight feet in height must be comprised of clear windows
that allow views of indoor nonresidential space or product display
areas. The bottom edge of such windows shall be no lower than three
feet above the adjacent sidewalk and the window shall be no less than
four feet in height.
(4)
In both the Upper and Lower Jackson Square Districts, the commercial
use, including restaurant, retail or other active use that serves
the public, must be a minimum of 51% of the gross floor area of the
floor at street level.
(5)
The principal facade shall be articulated every 60 to 80 feet.
All facades shall be treated with equal care in terms of design. Blank
walls are prohibited.
(6)
Building and site lighting shall be designed to prevent light
overspill or glare onto adjacent properties and shall be shielded
at a seventy-five- to ninety-degree cutoff.
(7)
Underground utilities for new and redeveloped buildings are
required unless physically restricted or blocked by existing underground
obstructions.
(8)
Parking and loading/unloading shall be prohibited from the front
yard setback between the principal facade and the street. The location
of loading areas will be reviewed by the Town of Weymouth Traffic
Engineer to ensure that it does not conflict with pedestrian or automobile
movement.
(9)
Access to rear parking shall have clearly marked and lit pedestrian
access to the public sidewalk.
(10)
Bicycle storage shall be required at a ratio of one bicycle
storage space for every 20 parking spaces.
(11)
The number of curb cuts onto the street shall be minimized and
shared parking across multiple parcels shall be strongly encouraged.
(12)
New construction or significant rehabilitation shall retain
all stormwater on-site, using rain gardens, bioswales, or other methods
to allow stormwater to infiltrate rather than washing into Herring
Run Brook. Applicants shall discuss the proposed maintenance of these
low-impact development installations with the Board to ensure continual
effectiveness of the operations.
B.
Criteria for Lower Jackson Square District.
(1)
Curb cuts shall not be allowed on the south side of Broad Street,
between Pleasant Street and Water Street.
(2)
New construction or additions on the north side of Broad Street
between the two intersections with Commercial Street shall provide
one or more view corridors into Lovell Field.
(3)
New construction or additions on parcels adjacent to Herring
Run Brook shall require new publicly accessible open space which connects
existing publicly accessible space next to the brook (including Herring
Run Pool Park, Stephen Rennie Park, and any future daylighted areas)
and provide direct pedestrian connections from this open space to
the public sidewalk and to parking, if appropriate. Such open space
shall have a combination of landscape, hardscape, and amenities, including,
but not limited to, benches and bicycle racks.
(4)
New construction or additions on parcels adjacent Lovell Field
shall require new publicly accessible open space to the field and
provide a direct pedestrian connection from the public sidewalk on
Broad Street to Lovell Field.
(5)
It is encouraged that the top floor of the building be stepped
back to minimize massing and a cavern effect.
C.
Criteria for Upper Jackson Square District.
(1)
New development in the Upper Jackson Square District shall match
one of the existing setbacks on either side of the property or the
average of both unless a deeper setback is required for outdoor dining
or retail display.
(2)
In this area, buildings over two stories generally have a narrower
principal facade with a pitched roof. New development shall respect
this pattern in the building form and massing.
(3)
It is encouraged that the top floor of the building be stepped
back to minimize massing and a cavern effect.
