Location. The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within the Town of Norwood designated as Zone A, AE and AO, on the Norfolk County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The Map panels of the Norfolk County FIRM that are wholly or partially within the Town of Norwood are panel numbers 25021C0178E, 25021C179E, 25021C0183E, 25021C0184E, 25021C0186E, 25021C0187E, 25021C0189E, 25021C0191E and 25021C0193E dated July 17, 2012. The exact boundaries of the District may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Norfolk County Flood Insurance Study (FIS) report date July 17, 2012. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official, and Conservation Commission.

Purpose. The purposes of the Floodplain District are to:

Ensure public safety through reducing the threats to life and personal injury.

Eliminate new hazards to emergency response officials.

Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding.

Avoid the loss of utility services which, if damaged by flooding, would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding.

Eliminate costs associated with the response and clean up of flooding conditions.

Reduce damage to public and private property resulting from flooding waters.

9.1.3.

Overlay District. The Floodplain District is established as an overlay district to all other districts.

All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131 § 40 and with the following:

Massachusetts State Building Code sections on floodplain and coastal high-hazard areas (currently 780 CMR).

Wetlands protection regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00).

Inland wetlands restriction, DEP (currently 310 CMR 13.00)

Minimum requirements for the subsurface disposal of sanitary sewage, DEP (currently 310 CMR 15, Title 5)

Norwood Wetlands Bylaw (currently Article XXV of the Bylaws of the Town of Norwood).

Any variance from the provisions and requirements of the above-referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.

9.1.4.

Order of Conditions. An Order of Conditions from the Conservation Commission is required before a building permit shall be issued for construction or expansion by 500 square feet or more of a principal building on land lower than the specified elevations as provided in the Flood Insurance Rate Maps as supplied to the Town of Norwood, MA. by FEMA

9.1.5.

Failure to Comply. Without limiting the generality of the forgoing, failure or inability to comply with the following shall be presumed hazardous to health and safety.

9.1.6.

Building Code and Town Requirements. Structural requirements for construction in flood zones are as provided in the Massachusetts State Building Code, which code requirements are not waived nor superseded by the provisions of this Zoning Bylaw. In addition to those code requirements, the following requirements shall also apply within the floodplain overlay district for the Town of Norwood:

Structures for all other uses other than dwelling units must also conform to Subsection 9.1.3(1)(a).

The placement of mobile homes for year round or seasonal use is prohibited in the Floodplain overlay district.

In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or 5 acres, whichever is the lesser, within unnumbered A zones.

In a riverine situation, the Inspector of Buildings shall notify the following of any alteration or relocation of a watercourse:

•	Adjacent Communities
•	NFIP State Coordinator Massachusetts Department of Conservation and Recreation 251 Causeway Street, Suite 600-700 Boston, MA 02114-2104
•	NFIP Program Specialist Federal Emergency Management Agency, Region I 99 High Street, 6th Floor Boston, MA 02110

Within Zone AO on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.

In Zone AE, along watercourses within the Town of Norwood that have a regulatory floodway designated on the Norfolk County FIRM encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

All subdivision proposals must be designed to assure that:

such proposals minimize flood damage;

all public utilities and facilities are located and constructed to minimize or eliminate flood damage; and

adequate drainage is provided to reduce exposure to flood hazards.

Existing contour intervals of site and elevations of existing structures must be included on plan proposal.

9.1.7.

Uses of Low Flood Damage Potential. The following uses of low flood damage potential and causing no obstructions to flood flows are encouraged provided they are permitted in the underlying district and they do not require structures, fill, or storage of materials or equipment:

Agricultural uses such as farming, grazing, truck farming, horticulture, etc.

Forestry and nursery uses.

Outdoor recreational uses, including fishing, boating, play areas, etc.

Conservation of water, plants, wildlife.

Wildlife management areas, foot, bicycle, and/or horse paths.

Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises.

Buildings lawfully existing prior to the adoption of these provisions.

§ 9.2 Water Resource Protection Overlay District (WRPOD).

9.2.1.

Purpose. The purpose of the Water Resource Protection Overlay District is:

To preserve and protect the water resources of the Town of Norwood;

To protect, preserve and maintain the existing and potential groundwater supplies for present and future residents of the Town;

To prevent pollution of ground and surface water and water supplies;

To assure the continued availability of the water supply of the Town and of the region; and

To promote and protect the public health, safety, and general welfare.

9.2.2.

Location. The Water Resource Protection Overlay District and its subdistricts are delineated on a map entitled "Water Resources Protection District, Town of Norwood," dated March 1984, on file at the office of the Town Clerk. The WRPOD includes the aquifer itself, the land above the aquifer, and the aquifer's most significant recharge areas. The WRPOD is divided into three subdistricts as delineated on the water resources protection district map, intending to include areas as follows:

Area 1: the municipal wells' immediate area of influence, comprising the area within a set of circles having radii of 1000 feet measured from the center of Gravel-Wall Well No. 1 and Gravel-Wall Well No. 2 and 8' Suction Well No. 1

Area 2: the primary recharge area to the existing municipal wells, comprising the area hydrologically contiguous to Area 1 exhibiting transmissivity greater than 10,000 gpd/ft. and all land contiguous to Area 1 and the portion of Area 2 described above, if underlain by glacial deposits in which the prevailing direction of groundwater or surface water flow is toward any of the locations defined in said Sections.

Area 3: all remaining areas within the WRPOD which are not designated as Area I or Area 2.

9.2.3.

Interpretation.

In the event of a discrepancy between the map and the criteria of Areas 1 and 2, the map shall control. It shall be the responsibility of the Inspector of Buildings to determine whether or not a lot or portion of a lot is within the boundaries of the district or one of its subdistricts.

Where premises are divided by WRPOD or subdistrict boundaries, each portion of the premises shall be governed by the requirements for the subdistrict in which it is located.

9.2.4.

Overlay District. The WRPOD shall be considered to be superimposed over any other district established in this BYLAWS. Land in the water resources protection district may be used for any use otherwise permitted in the underlying district, subject to the following limitations.

9.2.5.

Use Regulations. Uses are prohibited where indicated by "No" in the following Table, and require a special permit where indicated by "SP," even where the underlying requirements are more permissive. Where there is no entry ("-") in this Table, the underlying district requirements are controlling.

Table of Uses - WRPOD
	District
Use or Characteristic	Area 1	Area 2	Area 3
a. Manufacture, storage, transfer, transport, or disposal of toxic or hazardous materials as a principal activity	NO	NO	NO
b. New facilities for storage or transmission of petroleum products or other flammable liquids	NO	NO	NO
c. Other storage of toxic or hazardous materials in excess of quantities which Regulations 310 CMR 30.351	SP	SP	SP
d. Multifamily dwelling or any classified in Section 3.1.5 under D. Retail Trade and Service, E. Office Uses, F. Trade & Service Establishments, G. Wholesale Business & Storage, H. Vehicular Service and Transportation Uses, or I. Manufacturing, Processing & Related Uses:
With on-site sewage	SP	SP	SP
With municipal sewage	SP	-	-
e. An unsewered dwelling having lot area of less than 40,000 sq. ft. per dwelling unit	NO	NO	NO
f. Sanitary landfill, junkyard, salvage yard, or other solid waste disposal, other than brush and stumps generated on the site	NO	NO	NO
g. Waste generation requiring the obtaining of an EPA identification number, except for small quantity generators, as defined under DEP regulations, 310 CMR 30.351	SP	SP	SP
h. On-site disposal of industrious waste as defined in Title V of the State Environmental Code, 310 CMR15.00	NO	NO	NO
i. Except for single-family dwellings, on-site sewage disposal systems having an estimated sewage flow exceeding 55 gallons per day per 10,000 s.f. lot area	SP	SP	SP
j. Storage of ice control chemicals in quantities requiring state reportingNOSPSPk. Disposal of snow from outside the district, if containing deicing materials	NO	NO	SP
l. Use of sodium chloride for ice or snow control in quantities	NO	-	-
m. Use of septic system cleaners which contain toxic organic chemicals	NO	NO	NO

9.2.6.

Change of Use. Change in activity resulting in exceeding any limitations established in a special permit, or crossing the thresholds of the Use Schedule, shall constitute change of use and is allowed only on approval of a special permit, regardless of how classified under the Use Schedule.

9.2.7.

Design and Operation Guidelines. Within the WRPOD, the following design and operations guidelines shall be observed in all new construction except for single-family dwellings.

Safeguards. Provisions shall be made to protect against hazardous materials discharge or loss through corrosion, accidental damage, spillage, or vandalism through such measures as provision for spill control in the vicinity of chemical or fuel delivery points, secure storage areas for hazardous materials, and indoor storage provisions for corrodible or dissolvable materials.

Location. Where the premises are partially outside of the WRPOD, such potential pollution sources as on-site waste disposal systems shall, to the degree feasible, be located outside the district.

Disposal. Provisions shall be made to assure that any disposal on the site shall contain no wastes subject to 310 CMR 30.000 DEP Hazardous Waste Regulations.

Drainage. Runoff from all developed surfaces shall be captured in a closed drainage system. There shall be no increase in the rate of stormwater runoff from the site for rainfall intensity less than or equal to the twenty-five year storm. Facilities shall be provided capable of recharging to the ground 0.3 inches of precipitation per rainfall event. Where feasible, recharge shall be over natural vegetated areas. Dry wells shall be used only where other methods are infeasible. All drainage systems shall employ oil, grease, and sediment traps. Drainage from loading areas for hazardous materials shall be separately collected for safe disposal. Facilities shall be constructed, operated, and maintained in accordance with standards on file with the Norwood Department of Public Works.

Sewerage. Sewers within the WRPOD shall be designed and constructed in a manner such that groundwater levels, flows, and/or recharge will not be significantly lowered, diverted, or otherwise altered by such construction, and that risk of leakage is minimized.

Fertilizers and Pesticides. Fertilizers, pesticides and other leachable materials shall not be stored outdoors nor used in amounts in excess of US EPA and Massachusetts Pesticide Board standards or USDA recommendations. Where the direct land application is being made of fertilizers, pesticides or other potential contaminants to an area of greater than two contiguous acres, groundwater quality monitoring test wells shall be installed and periodically sampled and tested by the owner and at the owner's expense. Test wells shall be located by a professional geologist, hydrologist or engineer trained and experienced in hydrogeology, with location subject to the approval of the town engineer. Sampling shall be conducted by an agent of the Board of Health. If it is determined by the board of health that the concentration of a potential contaminant(s) in the groundwater is excessive or is likely to become excessive under current application rates and conditions, said activity may be required by the board of health to be terminated or practices altered.

9.2.8.

Special Permits. In applying for a special permit under this section, the information listed below shall be submitted, unless the Board of Appeals, prior to formal application, determines that certain of these items are not germane:

A complete list of all toxic or hazardous materials to be used or stored on the premises, accompanied by a description of the measures proposed to protect all storage containers or facilities from vandalism, corrosion, and leakage, and to provide for control of spills.

A description of potentially hazardous wastes to be generated, including storage and disposal methods as set forth above.

For storage of hazardous materials or wastes, evidence of qualified professional supervision of design and installation of such storage facilities or containers, and of compliance with other applicable Regulations, such as those of the Board of Fire Prevention Regulations.

9.2.9.

Special Permit Criteria. Special permits under Section 9.2 shall be granted only if the Board of Appeals determines the following.

That groundwater quality resulting from on-site waste disposal, other operations on-site, and natural recharge will not fall below federal or state standards for drinking water, measured at the boundaries of the site, or, if existing groundwater quality is already below those standards, that on site disposal or operations will result in no further deterioration, and

That proposed control and response measures adequately and reliably mitigate risk to groundwater quality resulting from accident or system failure.

9.2.10.

Decision. The Board of Appeals may retain qualified experts at the reasonable expense of the applicant if necessary in order to evaluate the application. In its decision the Board shall explain any departures from the recommendations of other town agencies.

9.2.11.

Conditions. Special permits shall be granted only subject to such conditions as necessary to assure adequate safeguarding of water quality, which may include the following, among others:

Monitoring wells to be located down gradient of potential pollution sources, with periodic sampling to be provided to the Board of Health at the owner's expense.

Pollutant source reduction, including periodic cleaning or renovation of pollution control devices, such as catchbasin sumps.

§ 9.3 Wireless Communications Overlay District (WCOD).

9.3.1.

Purpose. The purpose of the Wireless Communications Services Overlay District (WCSOD) is:

To accommodate within Norwood the necessary infrastructure for wireless communications services; and

To protect the general public from the impacts associated with wireless communication facilities.

9.3.2.

Location. The WCSOD includes all land in the Limited Manufacturing (LM) District abutting Vanderbilt Avenue, River Ridge Drive, Morgan Drive, Astor Avenue, Morse Street Ext. and Carnegie Row. The WCSOD is delineated on a map entitled "Wireless Communications Services District" dated March 10, 1997 and on file with the Planning Board and Inspector of Buildings.

9.3.3.

Overlay District. The WCSOD shall be construed as an overlay district with regard to said locations. All requirements of the underlying zoning district shall remain in full force and effect, except as may be specifically superseded herein.

9.3.4.

Applicability. Other provisions of this BYLAWS notwithstanding, the regulations set forth herein shall apply to the construction, erection and/or placement of Wireless Communications Links within the Town of Norwood.

9.3.5.

Use Regulations; WCSOD. In the WCSOD only the following use regulations shall apply.

Y = Allowed as of right subject to dimensional and performance standards.

BA = May be permitted by Special Permit from the Board of Appeals pursuant to Section 10.4 and subject to dimensional and performance standards.

N = Use is prohibited.

Use	Status
Building Mounted Wireless Communications Link	BA
Wireless Communications Link mounted on existing freestanding structure	BA
Freestanding Exterior Wireless Communications Link	BA

9.3.6.

Use Regulations; Other Districts. In all other zoning districts the following use regulations shall apply using the same key:

Building Mounted Wireless Communications Link	BA
Wireless Communications Link mounted on existing freestanding structure	BA
Freestanding Exterior Wireless Communications Link	N

9.3.7.

Dimensional Requirements. In the WCSOD the following height limitations shall apply:

Building Mounted Wireless Communications Link - 10 feet above the existing rooftop or structure.

Freestanding Exterior Wireless Communications Link 140 feet above ground provided the Board of Appeals finds such height necessary due to topographical reasons to accomplish the purpose it is to serve and upon presentation of evidence, when applicable, and that the Federal Aviation Administration (FAA) has approved the proposed construction and that existing flight patterns at Norwood Airport will not change because of said construction.

In all other zoning districts a Wireless Communications Link shall comply with the dimensional requirements applicable to structures for the district in which it is located except hat a Building Mounted Wireless Communications Link may be installed ten feet above an existing rooftop or structure and a Wireless Communication Link mounted on an existing freestanding structure may be installed at any point upon such structure, but such existing structure may not be extended or expanded in any way without compliance with the provisions of this BYLAWS.

9.3.8.

Performance Standards. All Wireless Communications Links erected, installed and/or used shall comply with the following design requirements and performance standards:

Screening Requirements. All exterior Wireless Communications Link equipment and fixtures shall be sited such that the view of the facility from adjacent abutters, residential neighbors, and other areas of town shall be as limited as possible. All such equipment and fixtures shall be painted or otherwise screened or colored to minimize their visibility to occupants or residents of surrounding buildings, streets and properties. Wireless Communications Link equipment and fixtures visible against a building or structure shall be colored to blend with such building or structure. Wireless Communication Link equipment and fixtures visible against the sky or other background shall be colored to minimize visibility against such background.

Co-location of Wireless Communication Equipment. All owners and operators of land used in whole or in part for a Wireless Communication Link and all owners and operators of such Wireless Communications Link shall, as a continuing condition of installing, constructing, erecting and using a Wireless Communication Link, permit other public utilities or FCC-licensed commercial entities seeking to operate a Wireless Communications Link to install, erect, mount, and use compatible Wireless Communications equipment and fixtures on the equipment mounting structure on reasonable commercial terms provided that such colocation does not materially interfere with the transmission and/or reception of communication signals to or from the existing Wireless Communications Link and provided that there are no structural or other physical limitations that make it impractical to accommodate the proposed

Wireless Communication Equipment or Fixtures. Coexistence with Other Uses Wireless Communications Links may be located on the same lot with any other structures or uses lawfully in existence and/or lawfully undertaken pursuant to this BYLAWS, except that only one freestanding structure erected and used primarily to support reception and transmission equipment including, without limitation, monopoles and lattice towers, shall be permitted per lot.

Setback; Freestanding Wireless Communications Link. Any Freestanding Wireless Communications Link shall be set back at least 500 feet from Route 1 or any residential dwelling.

9.3.9.

Removal of Abandoned Equipment. All Wireless Communications Links that have been unused for a period of one year shall be dismantled and removed at the owner's expense.

9.3.10.

Exemptions. The following types of wireless communication facilities are exempted from this BYLAWS:

Amateur radio towers used in accordance with the terms of any amateur radio service license issued by the Federal Communications System provided the tower is not used or licensed for any commercial purpose.

Any wireless communication facility or use by a department of the Town of Norwood for the operational purposes of the Town.

§ 9.4 Mixed Use Overlay District (MUOD).

9.4.1.

Purpose. The purpose of the Mixed Use Overlay District (MUOD) is to:

Promote live/work development in Norwood’s downtown and neighborhood centers that encourages a mixed-use environment that is less automobile dependent and more pedestrian-friendly.

Encourage a diverse mix of commercial, residential, institutional and entertainment uses for residents, workers, and visitors at an appropriate scale for downtown, village and neighborhood centers.

Permit uses that promote expansion and conversion of existing buildings in a manner that maintains the prevailing development patterns, scale, architectural character, pedestrian orientation, and visual attributes of historic buildings and sites within the underlying base district.

Minimize functional conflicts between residential and nonresidential uses within the district and with abutting districts.

Encourage vibrant public and publicly-oriented private open spaces that enhance the district by reinforcing pedestrian activity and multi-modal transportation opportunities.

9.4.2.

MUOD. The Mixed Use Overlay District (MUOD) is hereby established and consists of those areas shown on the Town of Norwood Zoning Map on file with the Town Clerk. The designated MUOD’s boundaries are also identified on an insert map which is part of the Town of Norwood Zoning Map. The designated MUOD districts are as follows:

MUOD-Central Business District (MUOD-CBD)

MUOD-North Gateway (MUOD-NG)

MUOD- Vanderbilt Park (MUOD-VP)

9.4.3.

Applicability.

A Special Permit shall be required and the development and design criteria within this Section shall be applicable to all residential and mixed use development in the MUOD involving any of the following: new building construction; repurposing or adaptive reuse of an existing building; or work which results in the increase of floor area through either an addition to the principal structure or accessory structure.

It is recommended that applicants for projects in the MUOD consult with Town departments and officials prior to the submission of a formal application under this bylaw.

Prior to the issuance of a building permit for a project proposed in the MUOD, the applicant shall submit a site plan and material demonstrating compliance with Section 10.5 of this Bylaw.

Site Plan and supportive materials shall be reviewed by the Director of Community Planning & Economic Development for conformance with the performance standards and purpose of this bylaw and an advisory opinion shall be prepared for consideration by the Building Inspector. Advisory opinions may include recommendations for conformance with Downtown Norwood Design Guidelines, which may require amendments or changes to the site plan prior to issuance of a building permit.

9.4.4.

SPGA. The Planning Board shall be the Special Permit Granting Authority for projects under the MUOD.

9.4.5.

Definitions.

Cohousing/Housing Cooperative. A multi-family building or development site of private dwellings and shared building facilities and community spaces. Each attached or single family home has traditional amenities, including a private kitchen. Shared spaces typically feature a common house or room, which may include a large kitchen and dining area, laundry, co-work space, and community gathering spaces. Other shared spaces include community garden plots and outdoor open spaces.

Mixed Use Building. A building containing residential uses and compatible non-residential uses such as office, retail, recreational, and light industrial.

Townhouse/Rowhouse. An attached single family residential building with a small footprint and narrow massing. Townhouses may be clustered together on individual lots with common space for recreational and accessory uses. Each unit is separated horizontally by a common wall and groups of buildings may be separated by a common driveway or open space.

9.4.6.

Zoning Map Performance Standards.

Commercial Frontage Zones. In the MUOD Districts, properties fronting on specified public streets as shown on the Town of Norwood Zoning Map are subject to ground floor use limitations. In Commercial Frontage Zones, the ground floor of a primary building shall be occupied by any combination of retail, restaurant, or publicly-oriented office or civic use as allowed in the underlying base district per Section 3.1 – Table of Use to a depth of 60 feet from the Street right of way line. (see Figure 1).

FIGURE 1 – COMMERICAL FRONTAGE ZONES

Mixed Use Overlay District Map

Transitional Buffer Zones. The MUOD Zoning Map may identify certain district boundaries where buildings and property uses must be buffered to create a compatible transition with the surrounding neighborhoods. Transitional Buffer Zones are identified on the MUOD Zoning District Map.

Landscaped Buffers. Where required, buffers may include a combination of natural or landscaped screening and fencing that provides an opaque visual barrier to a minimum depth of 20 feet and height of 8 feet above the ground.

Building Buffers. Buildings and associated property use shall be setback a minimum of 50 feet from the MUOD zoning boundary on which the Transitional Buffer Zone is located. The maximum building height at the setback line shall be 25 feet with increasing height permitted on a 45-degree plane further setback from the MUOD zoning boundary to the maximum height allowed in the district.

Waivers. The Planning Board may waive the buffering requirements in part or in whole if they determine that such application is not necessary to create a compatible transition with the surrounding neighborhood.

FIGURE 2 – TRANSITIONAL BUFFERS

Transitional Landscape Buffer A = Minimum Depth; B = Minimum Height	Transitional Building Buffer A= Minimum Setback; B=Maximum Building Height at Setback; C = MUOD Boundary Line

9.4.7.

General Design Standards.

Building Lots. Building lot requirements designate the minimum area that a given building or development site can be built on in the MUOD. Minimum lot sizes are defined in Section 9.4.8 for each of the Building Types.

Number of Buildings. More than one principal building is allowed on a development site as long as each principal building meets the required dimensional standards for a building lot individually.

Building Placement. All principal buildings and accessory structures must be located outside of any required front, side, or rear setbacks except as otherwise permitted in this section. Building placement standards are required in each Building Type in Section 9.4.8.

FIGURE 3 – BUILDING PLACEMENT ON THE LOT

Build-To-Zones (BTZ). The area between the minimum front setback and maximum front setback is the Primary Street Build-To-Zone (BTZ) in which the front façade of the primary building facing the primary street shall be placed. If the lot is on a street corner, the side façade facing the secondary street shall also be placed in the required Secondary Street Build-To-Zone. The BTZ is defined for each Building Type in Section 9.4.8.

FIGURE 4 - PRIMARY AND SECONDARY BUILD-TO-ZONE (BTZ)

Build-To-Zone Occupancy (BTZO). The width of the primary building façade facing the Primary Street measured as a percentage of the street frontage shall determine the percentage occupancy of the Build-To-Zone. Primary BTZ Occupancy shall be equal to at least 50% of the frontage width at the street line unless otherwise specified in the Building Type standards in Section 9.4.8.

Façade Orientation. The front façade and entrance of a principal building must be built parallel to a Street ROW Line or to the tangent of a curved Street ROW Line. On a corner lot, the building façade may be retracted at a 45-degree angle between the curb radius to allow for Outdoor Amenity Space and for clear site distance at the corner.

FIGURE 5 - FAÇADE ORIENTATION AND CORNER LOT SITE CLEARANCE

Minimum and Maximum Building Height. The minimum and maximum height and number of stories are defined by Building Type in Section 9.4.8. A factor in determining the minimum and maximum building height is the typical height of traditional building types, the existing height of adjacent buildings, and the pedestrian-orientation and level of walkability desired for the MUOD.

Building Stepback and Street Enclosure. In the MUOD, taller buildings shall be required to be set back or stepped back from the street right-of-way line in accordance with Figure 6 below. For properties with street frontage and orientation on Washington Street, the setback and stepback provisions also apply to building heights on secondary public street frontages. These standards supersede the maximum height allowed for individual Building Types in Section 9.4.8. The purpose of this requirement is to enhance the pedestrian environment and prevent excessive street enclosure and shadowing on narrower streets. Within the spaces created by building setbacks or stepbacks, Outdoor Amenities Space is encouraged and may be required under Section 9.4.15.

FIGURE 6 - BUILDING SETBACK, STEPBACK, AND STREET ENCLOSURE
Building Setback from Street Right-Of-Way Line	Washington Street Frontage Building Height (Maximum)	Other Public Street Frontages Building Height (Maximum)
0 Feet (Street ROW Line) = 0 Feet	X (at Street ROW Line) = 35 Feet	X (at Street ROW Line) = 25 Feet
A = 10 Feet	Y = 45 feet	Y = 35 feet
B = 20 Feet or More	Z = 45 Feet	Z = 45 Feet

Surface Relief with Architectural Features. Street-facing building façade s shall provide surface relief through the use of bay windows, cladding, columns, corner boards, cornices, door surrounds, moldings, piers, pilasters, sills, sign bands, windows, and other equivalent architectural features that either recess or project from the average plane of the façade by at least 4 inches.

FIGURE 7 - FAÇADE COMPONENTS AND ARCHITECTURAL FEATURES

10.

Building Transparency. The following standards apply to all buildings in the MUOD. Specific façade transparency requirements are defined in each Building Type in Section 9.4.8:

Façades shall have windows and doors with highly transparent, low reflectivity glass for a percentage of the total area of a façade, measured for each story independently.

Façade transparency of a ground story façade is measured between 2 feet and 12 feet above the ground elevation.

Façade transparency requirements are only applicable to front façades facing a street right-of-way line.

FIGURE 8 - GROUND AND UPPER FLOOR TRANSPARENCY

11.

Doors and Entrances.

Buildings must have a primary entrance facing a public street or way and should be visually prominent.

In buildings with multiple ground floor tenants, entries should provide a coordinated design theme such as a common frieze or sign band, architectural projection, or awning design.

12.

MUOD-NG and MUOD-VP Exemptions.

Buildings and developments in the MUOD-NG & MUOD-VP are only subject to the requirements in Section 9.4.7.1, 9.4.7.2, and 9.4.7.3 above. The requirements for building height and setbacks in the underlying Boston Providence Highway District shall apply.

9.4.8.

Standards for New Buildings and Developments. The new Principal Building and Development Types allowed in the MUOD and associated design standards are identified in the tables below.

TABLE 1A. MULTI-FAMILY BUILDING AND DEVELOPMENT
1.1. DEFINITION AND PERMITTED USES
A large floor plate residential building type with four or more dwelling units vertically and horizontally integrated and accessed by common entrances and hallways. Dwelling Units (DU) may be ownership or rental. Not intended for non-residential uses.
1.2. LOT STANDARDS
A.	Min. Lots Size (S.F.)	N/A
B.	Frontage (Min.)	80 Ft. Min.
C.	Lot Depth (Min /Max.)	N/A
D.	Build-To-Zone (Min./Max.)	10 Ft. / 30 Ft.
E.	B-T-Z/Façade Build Out (Min.)	70%
F.	Side Setback (Min.)	15 Ft
G.	Rear Setback (Min.)	20 Ft
H.	% Outdoor Amenity (Min.)	20%
I.	Parking Setback (Min.)	30 Ft
1.3. DESIGN STANDARDS
A.	Building Height (Max.)	4 Stories/45 Ft
B.	Ground Floor Elevation (Min./Max.)	2 Ft. / 4 Ft.
C.	Ground Story Height (Min.)	9 Ft.
D.	Upper Story Height (Min.)	9 Ft.
E.	Roof Types	All
F.	Street Facing Wall Width without Offset (Max.)	60 Ft.
G.	Street Facing Wall Off-Set Depth & Length (Min)	4 Ft / 8 Ft
H.	Street Facing Transparency -Ground Floor/Upper Floor (Min)	20% / 20%
I.	Building Length - Street Facing Façade (Max.)	100 Ft
J.	Street Facing Entrance	Required
1.4. ADDITIONAL STANDARDS
A.	Multi-Family Buildings must be a minimum of 2 stories.
B.	Multi-Family Buildings shall not contain more than 24 dwelling units without a Special Permit from Planning Board.

TABLE 1B. ROWHOUSE/TOWNHOUSE BUILDING AND DEVELOPMENT
1.1. DEFINITION AND PERMITTED USES
A small floor plate attached residential building type with one dwelling unit where each unit is separated horizontally by a common wall. Rowhouses may not be used for non-residential uses.
1.2. LOT STANDARDS
A.	Min. Lot Size (S.F.)	1,200 SF
B.	Frontage (Min./Max.)	18Ft Min /24Ft Max
C.	Lot Depth (Min.)	50 Ft
D.	Build-To-Zone (Min./Max.)	5 Ft./15 Ft.
E.	B-T-Z/Façade Build Out (Min.)	80%
F.	Side Setback (Min.)	0 Ft
G.	Rear Setback (Min.)	15 Ft
H.	% Outdoor Amenity (Min.)	20%
I.	Parking Setback (Min.)	Behind Building
1.3. DESIGN STANDARDS
A.	Building Height (Max.)	2.5 Stories/35 Ft
B.	Ground Floor Elevation (Min./Max.)	2 Ft./4 Ft.
C.	Ground Story Height (Min.)	9 Ft.
D.	Upper Story Height (Min.)	9 Ft.
E.	Roof Types	All
F.	Street Facing Wall Width (Min.)	18 Ft.
G.	Street Facing Wall Off-Set (Min.)	N/A
H.	Street Facing Transparency - Ground Floor/Upper Floor (Min.)	20% / 20%
I.	Building Length - Street Facing Façade (Max)	24 Ft
J.	Street Facing Entrance	Required
1.4. ADDITIONAL STANDARDS
A.	Onsite parking is not allowed in front of or between the buildings.
B.	A maximum of 8 units can be attached by a common wall before access is provided for pedestrians, vehicles or outdoor amenity space.

TABLE 1C. LIVE-WORK BUILDING AND DEVELOPMENT
1.1. DEFINITION AND PERMITTED USES
A small floor plate attached residential building type with one owner-occupied dwelling unit and one ground floor commercial unit.
1.2. LOT STANDARDS
A.	Min. Lots Size (S.F.)	N/A
B.	Frontage (Min.)	40 Ft. Min.
C.	Lot Depth (Min./Max.)	N/A
D.	Build-To-Zone (Min./Max.)	0 Ft./15 Ft.
E.	B-T-Z/Façade Build Out (Min.)	80%
F.	Side Setback (Min.)	0 Ft
G.	Rear Setback (Min.)	20 Ft
H.	% Outdoor Amenity (Min.)	15%
I.	Parking Setback (Min.)	Behind Building
1.3. DESIGN STANDARDS
A.	Building Height (Max.)	2.5 Stories/35Ft
B.	Ground Floor Elevation (Min./Max.)	0 Ft./2 Ft.
C.	Ground Story Height (Min.)	9 Ft.
D.	Upper Story Height (Min.)	9 Ft.
E.	Roof Types	All
F.	Street Facing Wall Width w/Offset (Max.)	80 Ft.
G.	Street Facing Wall Off-Set Depth & Length (Min.)	4 Ft/8 Ft
H.	Street Facing Transparency -Ground Floor/Upper Floor (Min.)	50% / 20%
I.	Building Length - Street Facing Façade (Max.)	50 Ft
J.	Street Facing Entrance	Required
1.4. ADDITIONAL STANDARDS - None

TABLE 1D. MIXED USE BUILDING AND DEVELOPMENT
1.1. DEFINITION AND PERMITTED USES
A variable floor plate building type that typically accommodates a variety of ground floor commercial uses and upper floor residential and office uses at the scale that complements the historic character of the neighborhood.
1.2. LOT STANDARDS
A.	Min. Lots Size (S.F.)	N/A
B.	Frontage (Min.)	50 Ft. Min.
C.	Lot Depth (Min./Max.)	N/A
D.	Build-To-Zone (Min./Max.)	0 Ft. / 20 Ft.
E.	B-T-Z/Façade Build Out (Min.)	70%
F.	Side Setback (Min./Max.)	0 Ft / 15 Ft
G.	Rear Setback (Min.)	20 Ft
H.	% Outdoor Amenity (Min.)	20%
I.	Parking Setback (Min.)	30 Ft
1.3. DESIGN STANDARDS
A.	Building Height (Max.)	4 Stories/ 45 Ft
B.	Ground Floor Elevation (Min./Max.)	0 Ft. / 2 Ft.
C.	Ground Story Height (Min.)	12 Ft.
D.	Upper Story Height (Min.)	9 Ft.
E.	Roof Types	All
F.	Street Facing Wall Width w/out Offset (Max.)	40 Ft.
G.	Street Facing Wall Off-Set Depth and Length (Min.)	4 Ft / 8 Ft
H.	Street Facing Transparency - Ground Floor/Upper Floor (Min.)	60% / 20%
I.	Building Length - Street Facing Façade (Max.)	150 Ft
J.	Street Facing Entrance	Required
1.4. ADDITIONAL STANDARDS
A.	Mixed Use Buildings must be a minimum of 2 stories.
B.	Maximum Building Footprint is 10,000 SF.
C.	Side Setback is not required when there is a common wall; and shall be 10 feet if there is not, to accommodate pedestrian and vehicle access to the side and rear of the property.
D.	Mixed Use Buildings shall not contain more than 24 dwelling units without a Special Permit from the Planning Board.

9.4.9.

Standards for Pre-Existing Buildings and Developments.

Where the expansion of an existing building is unable to meet the Building and Lot Standards in Section 9.4.8 above, the existing building shall comply with the following non-conforming provisions:

TABLE 2. NON-CONFORMING BUILDING ADDITION STANDARDS
Type of Addition	Standards
Front Addition	Any addition to the front must be placed within the Front Build-To Zone (BTZ). The addition does not have to meet the minimum Front Build-To-Zone Occupancy (BTZO)

Rear Addition	Rear additions are allowed up to the minimum Rear Setback.
	Rear additions are allowed up to the minimum Rear Setback.
Side Addition	Side additions are allowed to a minimum Side setback line and to a length not exceeding the maximum Façade Modulation Length for the most similar Building Type.

Story Addition	Story additions are allowed up to the maximum story and building height for the most similar building type.

Additional Principal Building	Where a new building is being constructed on a lot or site with an existing non-conforming building the following provisions apply: Any new building must be placed in the Front Build-To-Zone (BTZ) until the minimum occupation percentage for the lot has been met. Any new side or rear buildings are not allowed until the minimum Front Build-To-Zone Occupancy (BTZO) percentage for the lot has been met.

Where applicable, the standards in Section 9.4.10 below shall apply.

Where the provisions of this Section conflict with Section 5.5 - Non-Conforming Uses and Structures, this section shall apply.

9.4.10.

Standards for Historic Building Residential Retrofit and Addition.

Historic Building Retrofit: The reuse of buildings constructed prior to 1950 which are contributing to the historic character of the underlying zoning district as determined by the Planning Board, or are listed on the National Register of Historic Places or the State Inventory of Historic Places may be retrofitted for residential or mixed-use purposes with a maximum residential density as set forth in Section 9.4.12 with the following provisions:

External architectural features are preserved and/or restored, and in particular to the extent possible, historically significant exterior façade s are preserved or restored.

Original roof lines, to the greatest extent practicable are preserved.

Any necessary façade restoration should follow the preservation guidelines outlined in the United States Secretary of Interior Standards for Treatment of Historical Properties or the Massachusetts Historic Commission Standards.

Historic Building Expansion: Horizontal or vertical expansions to the floor area of an eligible historic building and new construction on the lot must comply with the dimensional and design standards provided in Section 9.4.7 and 9.4.8 to the extent possible.

Special Permit Criteria: In addition to the provisions set forth in Section 10.4 of these bylaws, the Planning Board shall consider the following additional review criteria in granting a Special Permit for the retrofit, repurposing, and expansion of historic buildings:

Arrangement, design, appearance and dimensions of proposed building changes, all exterior lighting, and all screening and landscaping features, including but not limited to fences, walls, plantings, and walkways.

Whether the proposal preserves exterior features to ensure sensitivity and compatibility with the surrounding neighborhoods and provides an economic incentive to maintain and rehabilitate historic structures.

Whether an increase in the footprint of a historic building or the addition of stories; is necessary to render the property economically sustainable; will increase housing choices; or will improve compliance with current building code standards for public access, seismic reinforcement, fire safety, and functionality for new uses (i.e.; lighting, elevator, railings, heating and cooling ducts, etc.)

Whether such reuse would more effectively preserve and enhance the architectural character of the surrounding neighborhood than would the redevelopment of the site upon demolition or significant exterior modification to the historic structure.

9.4.11.

Allowed Uses.

Uses allowed by right and by Special Permit in the underlying zoning districts are identified in Section 3.1.5 Table of Use Regulations. In the MUOD the compatible combination of uses in a Mixed Use Building or Development shall require approval of the Planning Board as part of the Special Permit.

9.4.12.

Residential Density.

Base Density.

Buildings and Developments within the MUOD shall be subject to the following density standards in Table 3:

TABLE 3. RESIDENTIAL DENSITY IN THE MUOD
BUILDING AND DEVELOPMENT TYPES	BY SPECIAL PERMIT/WITH DENSITY BONUS (DWELLING UNITS PER ACRE)
BUILDING AND DEVELOPMENT TYPES	MUOD-CBD	MUOD-VP	MUOD-NG	RESERVE
Rowhouse/ Townhouse (Single-Family Attached Dwelling Unit)	12/16	See 9.4.12.1.b	See 9.4.12.1.b
Multi-Family Building (3 or More Dwelling Units)	20/32	See 9.4.12.1.b	See 9.4.12.1.b
Live-Work/Shop Building (1 Dwelling Unit)	12/16	See 9.4.12.1.b	See 9.4.12.1.b
Mixed-Use Buildings (Commercial and Multi-Family Units)	20/32	See 9.4.12.1.b	See 9.4.12.1.b
Non-Historic Building/Development Retrofit or Addition	20/32	N/A	N/A
Historic Building/Development Retrofit or Addition	20/32	See 9.4.12.1.b	See 9.4.12.1.b

MUOD-NG and MUOD-VP. The density of residential and mixed use buildings and developments within the MUOD-NG and MUOD-VP shall be limited to the gross floor area (GFA) equal to twice the total square feet of the parcel or development tract on which the project is located. (For example, if the development tract is 40,000 square feet then the amount of building GFA is 80,000). The GFA can be allocated to one or more combinations of allowed residential and mixed use buildings and development types subject to the dimensional requirements in the BPH in Section 4.1.1 Table of Dimensional Regulations. GFA shall include all buildings and structures on site including above ground parking structures. Proposed non-commercial projects shall include not less than 20% of the project’s square footage for commercial space. The Planning Board may consider and approve a density bonus over the base GFA under the conditions of Section 9.4.12.2.

Density Bonus Requirements.

General Requirement. The Planning Board by Special Permit may allow higher density up to the maximum established on Table 3 above if certain Public Benefit Improvements are made by the applicant that provide benefits to residents and businesses in the Development Site as well as to the MUOD, and surrounding area. If sufficient Public Benefit Improvements are made, the Planning Board shall make a written finding that the applicant will provide significant improvements providing a public benefit, in addition to improvements required to achieve the base density allowed in this bylaw.

Eligible Public Benefit Improvements. These improvements shall include on-site or off-site infrastructure improvements, streetscape improvements, open space or other amenities not otherwise required by this bylaw. These improvements shall serve a public purpose, be constructed in an attractive and context-sensitive manner, and oriented to a pedestrian environment. Some eligible improvements include the following:

Improvements that enhance publicly controlled active or passive recreation in desirable locations within the MUOD, in addition to the on-site Outdoor Amenity Space required by Section 9.4.15.

Land acquisition or donation to the Town or a designated non-profit agency for the purpose of publicly accessible active or passive recreation in desirable locations within the MUOD or surrounding area, in addition to the Outdoor Amenity Space required by Section 9.4.15.

Streetscape improvements such as sidewalks, pedestrian access to public parking, street trees, and furnishings on public streets or contribution of land suitable for public streetscape improvements.

Public parking spaces and publicly-accessible parking facilities.

Buildings or developments that are certified by the Green Building Council under the Leadership in Energy and Environmental Design (LEED) rating system.

Additional affordable housing units above the number required by this Section.

Approval of Public Benefit Improvements. All Public Benefit Improvements used for the density bonus shall require approval by the Planning Board which will consider recommendations made by the Town of Norwood Board of Selectmen, Department of Public Works, Board of Health, Conservation Commission, Community Preservation Committee, Historical Commission, and other boards and committees as applicable. In order to make this determination, the following are required:

The applicant shall provide the Planning Board with a written description of the intended improvements, the public benefit provided, significance to the Town, provision for maintenance if required, applicant’s cost estimates for construction, and a sketch plan showing the location and type, size and extent of improvements.

The Planning Board may require a bond to cover the cost of any improvements that will be constructed, or a binding agreement approved by Town Counsel, to remain in place until the improvements are completed to the satisfaction of the Town.

A specific time frame for the completion of all required off-site improvements shall be incorporated as a condition of approval of the Planning Board.

The applicant shall provide a list of all permits and approvals required relating to any proposed public benefit(s) with the application. These approvals shall be obtained prior to approval of the development, unless an exception for good cause is explicitly authorized by the Planning Board.

The Planning Board shall be under no obligation to grant such density bonus and may determine, in its sole discretion, whether the offered improvements are sufficient in nature, scope, cost or otherwise, to justify such bonus. The offer and commitment by an applicant to provide all or any number of the above enumerated examples does not, in and of itself, justify or require the Planning Board to grant such density bonus.

9.4.13.

Affordability. For projects greater than 8 residential units, projects must include affordable housing units as specified below:

Ownership Units. For all projects where the Affordable Units proposed are Homeownership Units, not less than 15% of the total housing units constructed in a Project shall be Affordable Housing.

Rental Units. For all projects where the Affordable Units proposed are Rental Units not less than 20% of total housing units in any building containing rental units shall be Affordable Housing.

Calculation of Units. For purposes of calculating the number of units of Affordable Housing required within a Project, any fractional unit of 0.5 or greater shall be deemed to constitute a whole unit.

Subsidized Housing Inventory. Affordable Units shall comply with requirements of Massachusetts Executive Office of Housing and Economic Development requirements for counting towards the Town’s Subsidized Housing Inventory.

9.4.14.

Parking Requirements.

Purpose.

To provide parking facilities that support human-scaled environment and minimize sidewalk interruptions and conflict points with pedestrians.

To minimize excessive and inefficient off-street parking lots that result in lost opportunities to develop new buildings that expand business and housing opportunities.

To encourage the use of public transportation, bicycling, and walking in lieu of motor vehicle use when a choice of travel mode exists.

Applicability. This section shall comply with parking requirements in Section 6.1 of the Norwood Zoning Bylaws unless otherwise specified in this section.

Minimum and Maximum Off-Street Parking Requirements. The minimum number of off-street parking spaces in the MUOD shall be consistent with the Schedule of Minimum Requirements in Section 6.1.3 except as identified in Table 4 below. Any parking spaces in excess of the given standards shall require a waiver from the Planning Board.

TABLE 4. OFF-STREET PARKING STANDARDS IN THE MUOD
Residential and Mixed Use Buildings	Required Parking Spaces¹
Townhouse, Rowhouse, Multifamily Building	1.5 spaces/DU with 2 bedrooms or less; and 2/DU with 3 bedrooms or more located within 300 feet of the Dwelling Unit
1-Bedroom Dwelling Unit in Mixed-Use Building	1 space
2-Bedroom Dwelling Unit in Mixed Use Building	1.5 spaces
3 Or More Bedroom Dwelling Unit in Mixed Use Building	2 spaces

1.	Required Parking equals both the minimum and maximum parking required for the use

Parking Reduction Methods. The Planning Board may reduce off-street parking required in Section 6.1 and in Table 4 above under the following conditions:

On-Street Parking Off-Set. Parking spaces required to meet the minimum off-street parking requirements for the commercial uses within a Mixed Use Building may include publicly available on-street parking spaces along the building lot frontage on the same side of the street.

Shared Off-Street Parking and Mixed Use.

A combination of uses on-site using shared parking lots with off-set peak demand times where: a shared parking agreement with proximate properties where uses have offset peak demand times; uses have a high rate of parking turnover; or evidence of similar uses and location situations operating successfully with lower amounts of parking.

In Mixed Use Buildings where shared parking is proposed, the Planning Board may require an evaluation prepared by the applicant following the procedures of the Urban Land Institute (ULI) Shared Parking Manual (latest edition) or the Institute of Transportation Engineers (ITE) Shared Parking Guidelines (latest edition), or other applicable reports or studies as determined by the Planning Board.

A formal parking evaluation may be waived for small developments where there is established experience with the land use mix and its impact is expected to be minimal.

Car-Sharing Program. The Planning Board may approve a parking reduction where an active car-sharing program is made available to residents and/or employees; and where cars for the car-share program are available on the site or within a 700-foot walking distance of the site.

Off-Site Parking. The Planning Board may allow required parking to be provided off-site for employees or residents, except for any required handicapped parking, as permitted according to the provisions of and when conforming to the following:

A lot featuring the off-site parking must be located within 700 feet in walking distance, measured from the nearest point of the off-site parking along walkways to the principal building entrance served;

Pedestrian access between the use and the off-site accessory parking area must be via paved sidewalk or walkways;

A lease, recorded covenant, or other comparable legal instrument, executed and filed with the Town of Norwood, guaranteeing long term use of the site is provided to the Planning Board.

Special Parking Types and Standards.

Stacked and Valet Parking. The Planning Board may allow valet or stacked parking in a Mixed Use Building if an attendant is present to move vehicles. If stacked parking is used for required parking spaces, a written guarantee must be filed with the Town ensuring that an attendant will always be present when the lot is in operation. The requirements for minimum or maximum spaces continue to apply for stacked parking. Valet and stacked parking spaces do not require individual striping and may be permitted on-site or off-site as a means of satisfying the applicable off-street parking requirements where:

Adequate assurance of the continued operation of the valet parking is provided.

An equivalent number of valet spaces will be available to replace the number of required off-street parking spaces.

The design of the valet parking area will not cause queuing in a vehicular travel lane.

An attendant is provided to park vehicles during business hours.

Tandem Parking. The Planning Board may allow tandem parking under the following conditions:

To be used to meet parking requirements for residential units only.

Tandem spaces shall be assigned to the same dwelling unit.

Tandem parking shall not be used to provide guest parking.

Two parking spaces in tandem shall have a combined minimum dimension of 9 feet in width by 30 feet in length.

Up to 75% of the total off-street parking spaces provided may incorporate tandem parking.

FIGURE 9 - TANDEM AND STACKED PARKING

Street Side Parking. The Planning Board may allow parallel or angled parking to be provided on a privately-owned lot directly adjacent to the public street right-of-way in combination with a minimum 5 foot wide planting strip with street trees planted 40 feet on center, and a 5 foot minimum concrete sidewalk connecting to public sidewalks on abutting lots and to the primary building on-site. Such parking spaces shall be privately owned but accessible to the public. These parking spaces will effectively function as on-street parking.

FIGURE 10 - STREET SIDE PARKING (ON FRONT PROPERTY LINE)

Structured Parking. As an exception to Section 6.1.7, off-street parking structures in the MUOD may include a private garage or carport, an above-ground parking deck or structure, or an underground parking structure.

Pedestrian access to structured parking must lead directly to a public sidewalk and to the primary building. Structured parking may also be attached directly to the primary building allowing pedestrians to enter directly into the building.

The street facing façade of any story of an above ground parking structure shall be designed as follows:

Fenestration and façade openings must be vertically and horizontally aligned and all floors fronting on the façade must be level (not inclined).

The façade must include windows of transparent or translucent, but non-reflective, glass or openings designed to appear as windows for between 20% and 50% of the wall area of each floor.

Windows must be back-lit during evening hours and internal light sources must be concealed from view from public sidewalks.

The façade area masking the floors occupied by motor vehicle parking must be seamlessly integrated into the architectural design of the building’s façade.

Parking Placement and Screening. The following standards apply in the MUOD:

Parking Setbacks.

All new off-street parking, except underground structured parking, shall be located a minimum of 5 feet behind the front façade of primary buildings.

Parking is never permitted within a lot frontage except for Street Side Parking in Section 9.4.14.2.c above.

Pedestrian and Vehicle Access.

Pedestrian access from parking lots must lead directly to a public sidewalk or public entrance to a primary building.

Only one driveway shall be allowed on a building lot.

Shared driveways are permitted and encouraged.

Shared internal access between private parking lots is permitted and encouraged.

Screening. A Street Screen shall be required where private parking is visible from a public street or sidewalk. A 5-foot wide buffer area is required and shall include a wall and/or landscaping that provides a sight impervious screen.

9.4.15.

Outdoor Amenity Space.

Required Outdoor Amenity Space. The required percentage of a MUOD building lot dedicated to Outdoor Amenity Space is 10% of the land area unless otherwise specified in this section. Where multiple lots or buildings are assembled together to form a Development Site, the required amount of Outdoor Amenity Space is 15% of the total land area of the site. This requirement may be achieved through a combination of public and private Outdoor Amenity Space as set forth in Table 5.

Types of Outdoor Amenity Spaces. The types of Outdoor Amenity Spaces allowed in the MUOD and design standards are identified in Table 5 and defined below:

Civic Space (CS). Publicly-owned or controlled parks, active and passive recreation areas, civic buildings, and other gathering spaces that are fully available and handicapped accessible to the general public.

Publicly Oriented Private Spaces (POPS). Gathering spaces on private land primarily serving the residents, businesses and patrons of the principal building or development site, and generally available to the public.

Private Open Space (POS). Amenity spaces associated with individual dwelling units, not intended for public access.

TABLE 5 - OUTDOOR AMENITY SPACE
Type	Description and General Design Standards
1. Neighborhood Park, Preserve (CS, POPS)	Description: An open space designed for active and passive recreation with features and facilities that support the community or immediate neighborhood. Parks can include other Outdoor Amenity Spaces such as community gardens, recreation fields and courts, trails and pathways, and other facilities intended for public events, gatherings, and organized activities. Design Standards: Neighborhood Parks should be a minimum of 8,000 S.F.; 80% permeable surfaces; and 1 tree/350 SF on average.

2. Common or Green (CS, POPS)	Description: A common or green is a free-standing site with thoroughfares on all sides and landscape consisting of naturally disposed lawns, paths, and trees. This open space type is for active and passive recreation and gathering purposes. Design Standards: Commons should be a minimum of 20,000 S.F.; 85% permeable surfaces; and 1 tree/2,000 SF on average.

3. Pathway (CS)	Description: A linear open space that may follow natural corridors providing unstructured and limited amounts of structured recreation. A pathway may be spatially defined by segment and include access to pedestrians, bicyclists, and other designated modes of transportation. Pathways may provide access and connections between natural areas, neighborhoods, villages, public facilities, and other points of interest. Design Standards: The minimum width shall be 8 feet; Pathways shall be surfaced with stone dust, or asphalt.

4. Pedestrian Passage (CS, POPS)	Description: A paved/brick pedestrian connector between buildings. Pedestrian Passages provides direct connections between parking areas, buildings, streets, and sidewalks. Pedestrian Passages may be covered by a roof, trellis, and may be lined by shopfronts. Design Standards: A) The minimum width shall be 10 feet; B) Hard surface shall be a minimum of 8 feet and include asphalt, concrete, paver stones, or similar materials.

5. Community Garden (CS, POPS, POS)	Description: An open space designed as individual garden plots available to residents for agriculture purposes. Community gardens may be freestanding or incorporated as a subordinate feature of a community park, neighborhood or pocket park, and development site. Design Standards: Community gardens should be a minimum of 5,000 S.F.; 90% permeable surfaces; access to a potable water source; and adequate storage facilities for necessary tools and equipment.

6. Forecourt (POPS, POS)	Description: A private open space where a portion of the façade is aligned close to or at the Street ROW Line and the central portion of the façade is set back to create a courtyard with a principal entrance at-grade and space for gathering and circulation, or for outdoor shopping or restaurant seating. The forecourt may be planted or paved to join with the public sidewalk. Design Standards: Forecourts shall be a minimum width and depth of 12 feet; the maximum ratio of building height to forecourt width shall be 2:1; Forecourt shall be enclosed by walls on 3 sides.

7. Courtyard (POPS, POS)	Description: A courtyard (or court) is an enclosed open space, often surrounded by a building or buildings, that is open to the sky. Courtyards may include a variety of passive recreational activities, community gardens, and other amenities for community gatherings. Design Standards: Courtyards shall be a minimum of 3,000 S.F. in area and 40 feet in width.

8. Plaza or Square (CS, POPS)	Description: An open space type designed for passive recreation, civic purposes, and commercial activities, with landscape consisting primarily of hardscape. Plazas are generally located in activity centers or at the nexus of major circulation routes. Design Standards: Plazas or Squares should be a minimum of 2,000 S.F.; 50% permeable surfaces; 1 tree/2,000 SF on average; and include public seating.

9. Pocket Park/Playground (CS, POPS, POS)	Description: An open space type designed for passive recreation consisting of vegetation, a place to sit outdoors, and playground equipment. Design Standards: Pocket Parks should be a minimum of 800 S.F.; 80% permeable surfaces; and 1 tree/200 SF on average; and include seating and recreational equipment.

10. Outdoor Dining Terrace (POPS)	Description: An open space where the building façade is setback from the Street ROW Line and the space between is occupied by a hardscape intended for use as an extension of the public sidewalk and outdoor amenity space such as for outdoor seating or displays. The terrace may also allow for public circulation along the façade and can be used to provide at-grade access or a grade change along a Street Line. Design Standards: Where terraces are elevated above the public sidewalk they are required to meet ADA requirements for individual or shared entries facing the street.

11. Rooftop Terrace (POPS, POS)	Description: A roofless, raised platform on the roof of a building that provides community gathering space such as a terrace, community garden, food and entertainment, or other outdoor amenities. Design Standards: Not Applicable.

12. Dooryard (POS)	Description: A Private Frontage where the space between the building façade and street line is an enclosed yard defined by a low wall, decorative fence, or hedge providing a strong spatial definition from the public sidewalk. The result is a small semi-private dooryard containing the principal entrance in the front yard. The dooryard may be slightly raised, sunken, or at-grade, and may be planted or landscaped. A paved walkway from the sidewalk to the front door is required. This type is commonly associated with ground-floor residential use Design Standards: Not Applicable.

13. Other Outdoor Amenity Space Types	Permitted by waiver from the Planning Board

Payments in Lieu of Outdoor Amenity Space. As a Special Permit condition, the Planning Board may approve a contribution toward an existing or planned Civic Space within the MUOD in which the principal building or development site is located, in lieu of on-site outdoor amenity space. In reaching a decision on whether to approve such contribution, the Planning Board shall determine that such contribution will have a significant positive impact on one or more of the following: Walkability, vibrancy, multimodal access, or enhanced activation of public gathering areas within the MUOD. The application shall also be subject to the requirement for approval of Public Benefit Improvements under Section 9.4.12.2.c.

9.4.16.

Special Permit for Design Waiver.

Purpose: A Special Permit for a Design Waiver allows a specifically authorized type of exception from the provisions governing development in the MUOD, within specific limitations.

Authority:

By Special Permit, the Planning Board may authorize a deviation from any of the requirements set forth in Section 9.4 MUOD, provided that one or more of the Eligible Public Benefit Improvements listed in Section 9.4.12 (2) b. have been provided.

The approval or denial of an application for a waiver or Special Permit is discretionary.

Review Criteria: The Planning Board may grant a Special Permit upon making positive findings in determining the request meets the following criteria:

Consistent with the purpose of Section 9.4 in general;

Consistent with any waiver eligibility requirements, as indicated elsewhere in this Section;

Social, economic, or community needs are served by the proposal such as expanding housing choices;

Adequate safety of traffic flow, access, parking, and loading are provided;

Adequate utilities and other public services are provided;

Positive impacts on pedestrian comfort and safety;

Potential fiscal impact, including impact on municipal services, tax base, and employment are positive;

Such relief shall not result in substantial detriment to the MUOD or surrounding neighborhood.

Conditions: The Planning Board may attach supplemental conditions and/ or limitations that it deems necessary in order to ensure compliance to the findings and/or standards for the specific Special Permit requested.

§ 9.5 MBTA Communities Multi-family Overlay District.

[Added 3-21-2024 STM by Art. 4]

9.5.1.

The purpose of the MBTA Communities Multi-family Overlay District (MCMOD) is to allow multifamily housing as of right in accordance with Section 3A of the Zoning Act (Massachusetts General Laws Chapter 40A). This zoning provides for as of right multi-family housing to accomplish the following purposes:

Encourage the production of a variety of housing sizes and types to provide equal access to new housing throughout the community for people with a variety of needs and income levels;

Locate housing within walking distance of public transit to promote general public health, reduce the number of motor vehicles on the roadways, support economic development, and meet community based environmental goals such as reducing greenhouse gases and improving air quality;

Increase the municipal tax base through private investment in new residential and mixed-use developments;

Support vibrant neighborhoods by encouraging the highest and best uses of land near transit stations, promoting an active public space with access to housing, jobs, gathering spaces, recreational opportunities, goods and services.

9.5.2.

Establishment and Applicability. This MCMOD is an overlay district that is superimposed over the underlying zoning district(s) and is shown on the Zoning Map.

Applicability of MCMOD. An applicant may develop multi-family housing located within a MCMOD in accordance with the provisions of this Section 9.5.

Underlying Zoning. The MCMOD is an overlay district superimposed on underlying zoning districts. The regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the respective underlying zoning district(s) shall remain in full force, except for uses allowed as of right or by special permit in the MCMOD. Uses that are not identified in Section 9.5 are governed by the requirements of the underlying zoning district(s).

Sub-districts. The MCMOD contains the following sub-districts, all of which are shown on the MCMOD Boundary Map and established by this Section 9.5:

Windsor Gardens Sub-District.

Norwood Central Sub-District.

Norwood Depot Sub-District.

9.5.3.

Definitions. For purposes of this Section 9.5, the following definitions shall apply.

Affordable unit. A multi-family housing unit that is subject to a use restriction recorded in its chain of title limiting the sale price or rent or limiting occupancy to an individual or household of a specified income, or both.

Affordable housing. Housing that includes affordable units as defined by this Section 9.5.

Applicant. A person, business, or organization that applies for a building permit, site plan review, or special permit pursuant to this Section 9.5.

Area Median Income (AMI). The median family income for the metropolitan statistical region that includes the Town of Norwood, Massachusetts, as defined by the U.S. Department of Housing and Urban Development (HUD).

As of right. Development that may proceed under the zoning in place at time of application without the need for a special permit, variance, zoning amendment, waiver, or other discretionary zoning approval subject to Section 9.5.

Compliance Guidelines. Compliance Guidelines for Multi-Family Zoning Districts Under Section 3A of the Zoning Act as further revised or amended from time to time by EOHLC.

EOHLC. The Massachusetts Executive Office of Housing and Livable Communities, or any successor agency.

Development standards. Provisions of Section 9.5.7 (General Development Standards) made applicable to projects within the MCMOD.

Lot. A single continuous parcel of land held in identical ownership throughout, and defined by metes, bounds or boundary lines in a recorded deed or on a recorded plan.

10.

Lot coverage. The percentage of lot area covered by structures. Lot coverage does not include surface parking.

11.

MBTA. Massachusetts Bay Transportation Authority.

12.

Mixed-use development. Development containing a mix of residential uses and nonresidential uses, including commercial, institutional, industrial, or other uses.

13.

Multi-family housing. A building with three or more residential dwelling units or two or more buildings on the same lot with more than one residential dwelling unit in each building.

14.

Multi-family zoning district. A zoning district, either a base district or an overlay district, in which multi-family housing is allowed as of right.

15.

Open space. Lot area not covered by any structure other than a swimming pool, or by paving other than that limited to recreational use.

16.

Parking, structured. A structure in which vehicle parking is accommodated on multiple stories; a vehicle parking area that is underneath all or part of any story of a structure; or a vehicle parking area that is not underneath a structure, but is entirely covered, and has a parking surface at least eight feet below grade. Structured parking does not include surface parking or carports, including solar carports.

17.

Parking, surface. One or more parking spaces without a built structure above the space. A solar panel designed to be installed above a surface parking space does not count as a built structure for the purposes of this definition.

18.

Residential dwelling unit. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

19.

Section 3A. Section 3A of the Zoning Act.

20.

Site plan review authority. The Norwood Planning Board shall serve as site plan review authority for development under Section 9.5.

21.

Special permit granting authority. The Norwood Planning Board shall serve as special permit granting authority for the issuance of special permits for development under Section 9.5.

22.

Sub-district. An area within the MCMOD that is geographically smaller than the MCMOD District and differentiated from the rest of the district by use, dimensional standards, or development standards and established pursuant to Section 9.5.2.3.

23.

Subsidized Housing Inventory (SHI). A list of qualified affordable housing units maintained by EOHLC used to measure a community's stock of low- or moderate-income housing for the purposes of M.G.L. Chapter 40B, the Comprehensive Permit Law.

24.

Transit station. An MBTA subway station, commuter rail station, or ferry terminal.

Commuter rail station. Any MBTA commuter rail station with year-round, rather than intermittent, seasonal, or event-based, service.

Ferry terminal. The location where passengers embark and disembark from regular, year-round MBTA ferry service.

Subway station. Any of the stops along the MBTA Red Line, Green Line, Orange Line, or Blue Line.

9.5.4.

Permitted.Uses Permitted As of Right. The following uses are permitted as of right within the MCMOD.Uses.

Multi-family housing.

Mixed-Use Development. As of right uses in a mixed-use development are as follows:

Ground Floor

Religious or educational uses

Library or museum

Childcare

Municipal services

Agricultural uses

Restaurant without a drive-through and with services to persons standing or sitting outside the building

Showroom for building supplies

Other retail

Commercial recreation indoors

Drugstore without a drive-through

All office uses without a drive-through

Personal services

Medical or dental laboratory or clinic

Shop of a cabinetmaker, sign painter, job printer or upholsterer

Printing or publishing establishment

Private school conducted for profit

Fitness center

Any Floor

Residential (required component)

Uses Permitted by Special Permit. The following uses and accessory uses require a special permit from the Planning Board:

Light Industrial/Manufacturing. In the MCMOD, light industrial/manufacturing is allowed as a use in a mixed-use development subject to special permit granted by the Planning Board and provided that such manufacturing does not occupy more than 25% of the floor area on the premises. Denial of a special permit for Light Industrial/Manufacturing use is not to be considered a denial of the multi-family residential component of a mixed use development.

Food processing, bottling or packaging provided that such use does not occupy more than 25% of the floor area on the premises. Denial of a special permit for food processing use is not to be considered a denial of the multi-family residential component of a mixed-use development.

Drive-through lane for restaurant, pharmacy, or office of a monetary institution uses (Norwood Central and Norwood Depot subdistricts only).

Open lot display or storage of goods, products materials or equipment occupying less than 25% of area covered by buildings on the premises.

Essential services.

Accessory Uses. The following uses are considered accessory as of right to any of the permitted uses in Section 9.5.4.1:

Parking of automobiles, recreational vehicles, passenger vans, including surface parking and parking within a structure such as an aboveground or underground parking garage or other building on the same lot as the principal use. Subject to Section 3.4.5.

Parking of pickup trucks, not more than 6,250 pounds gross vehicle weight.

Home occupation, subject to requirements of Section 3.3.1.

Licensed family home day care.

Farm stand.

Dwelling for caretaker, watchman.

Retail sale of products manufactured or stored as the principal use.

Accessory uses supporting life sciences uses and education, including but not limited to employee fitness centers, relaxation areas, personal services, classrooms, training facilities, etc.

9.5.5.

Dimensional Standards.

Table of Dimensional Standards. Notwithstanding anything to the contrary in this Zoning, the dimensional requirements applicable in the MCMOD are as follows:

Standard	Windsor Gardens Subdistrict	Norwood Central Subdistrict	Norwood Depot Subdistrict
Minimum Lot Area	10,000 SF	10,000 SF	5,000 SF
Minimum Lot Frontage	50 feet	100 feet	20 feet
Maximum Lot Coverage	80%	80%	80%
Minimum Open Space	20%	10%	10%
Maximum Floor Area Ratio	No limit	No limit	No limit
Required Lot Width through Building or Structure	50 feet	100 feet	20 feet
Minimum Front Setback 20 feet	20 feet	5 feet
Minimum Side Yard Setback	20 feet	20 feet	5 feet
Minimum Rear Yard Setback	20 feet	15 feet	10 feet
Maximum Building Height (feet)	33	33/44 at 40 feet from street ROW	44
Maximum Building Height (stories)	3	3/4 at 40 feet from street ROW	4

Multi-Building Lots. In the MCMOD, lots may have more than one principal building.

Exceptions. The limitation on height of buildings shall not apply to chimneys, ventilators, towers, silos, spires, renewable energy installations or other utility and/or ornamental features of buildings, which do not constitute habitable space.

Waivers. Upon the request of the applicant and subject to compliance with the compliance guidelines, the Planning Board may issue a special permit to waive requirements of this Section 9.5.5 (Dimensional Standards) in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the MCMOD.

9.5.6.

Off-Street Parking. These parking requirements are applicable to development in the MCMOD.

Number of Parking Spaces. The following minimum and maximum numbers of off-street parking spaces shall be provided by use, either in surface parking or within garages or other structures:

Use	Minimum/Maximum Spaces
	Windsor Gardens Subdistrict	Norwood Central Subdistrict	Norwood Depot Subdistrict
Multi-family residential	1.5 spaces per residential dwelling unit	1.1 spaces per residential dwelling unit	1.1 spaces per residential dwelling unit
Mixed-Use (for the Non-residential/Commercial component)	Subject to Schedule of Minimum Requirements in Section 6.1.3

Number of Bicycle Parking Spaces. The following minimum numbers of covered bicycle storage spaces shall be provided by use:

Use	Minimum Spaces
	Windsor Gardens Subdistrict	Norwood Central Subdistrict	Norwood Depot Subdistrict
Multi-family residential	1 space per residential dwelling unit up to 20 units plus 1 space per 10 dwelling units for each unit exceeding 20
Mixed-Use (for the Non-residential/Commercial component)	1 space per 10 vehicle parking spaces required for commercial use

Bicycle Storage. For a multi-family development of 20 units or more, or a mixed-use development of 20,000 square feet or more, bicycle parking spaces shall be integrated into the structure of the building(s) to provide secure indoor storage.

Waivers. The Planning Board may, via site plan review and in its sole discretion, consider and authorize waivers from any off-street parking requirements set forth in this Section 9.5.5 provided that the project includes one or some combination of the following:

On-Street Parking Offset. Required parking spaces may be offset by publicly available on-street parking spaces along the building lot frontage on the same side of the street.

Shared Off-Street Parking for Mixed-Use. In mixed-use buildings, shared parking may be proposed where the combination of uses results in a distribution of peak demand times. Planning Board reserves the right to require a formal parking evaluation in its review.

Car-Sharing Program. Required parking spaces may be offset by an active car-sharing program available to residents and/or employees; and where cars for the car-share program are available on the site or within a 700-foot walking distance of the site (with accommodations available for handicap accessibility).

Municipal Lots. In mixed-use buildings, required commercial parking spaces may be offset by publicly available parking spaces in a municipal lot located within a 700-foot walking distance of the site.

Assignment of Parking Spaces. To allow for the greatest utilization of available parking spaces, parking requirements may be offset by a policy establishing unassigned residential parking spaces.

9.5.7.

General Development Standards.

Applicability. Unless otherwise specified in this Section 9.5, all development under the MCMOD must comply with the General Regulations of Section 6.0.

Site Design.

Connections. Sidewalks shall provide a direct connection among building entrances, public sidewalks, bicycle storage and parking.

Vehicular Access. Where possible, curb cuts shall be minimized and shared driveways encouraged. Circulation must be accessible to emergency vehicles.

Plantings. Planting schedules shall be limited to species that are native to the region. Plants on the Massachusetts Prohibited Plant List, as the same may be amended, shall be prohibited.

Mechanicals and Dumpsters. If located on the exterior of the building at ground level, mechanical equipment and dumpsters (and/or other trash and recycling collection points) shall be screened by a combination of fencing and plantings and located in the rear and/or side yards out of view from the public right-of-way.

Outdoor Space. Multi-family housing shall have common outdoor space that all residents can access. Such space may be located in any combination of ground floor, courtyard, rooftop, or terrace. All vegetated outdoor space shall count towards the project's minimum open space requirement.

Parking. Location of surface or structured parking is not permitted within the setback between the building and any lot line adjacent to the public right-of-way.

Stormwater Management. Development must demonstrate compliance with the most current versions of the Massachusetts Department of Environmental Protection Stormwater Management Standards, the Massachusetts Stormwater Handbook, Massachusetts Erosion Sediment and Control Guidelines, Norwood Stormwater Bylaw,[1] and the Norwood MS4 Permit.

[1]

Editor's Note: See Art. L, Stormwater Management By-Law.

Building Design.

Multiple Buildings (Uses). In a mixed-use development, uses may be mixed within the buildings or in separate buildings except that non-residential uses shall be located only on the ground floor.

Multiple Buildings (Facades). All building facade(s) shall be treated with the same care and attention in terms of entries, fenestration, and materials.

Pedestrian Entry. The building(s) adjacent to the public street shall have pedestrian entries facing the public street and oriented toward streetscape amenities, such as bicycle racks, crosswalks, public green space, etc.

Visual Compatibility. Building types (triplexes, quadruplexes, walk-up garden units, mixed-use with ground floor retail, rowhomes, etc.) should be compatible with their neighborhood context via building siting, design, choice of materials and finishes, and massing.

Large Buildings. Developments of more than 100 units should include such articulation measures as changes of plane, varied rooflines, materials and facades, and/or the appearance of varied building types.

Parking Design.

Surface Parking. Surface parking shall be located to the rear or side of the principal building. Location of surface parking is not permitted within the setback between the building and any lot line adjacent to the public right-of-way.

Integrated Garages. The principal pedestrian entry into the building shall be more prominent in design and placement than the vehicular entry into the garage.

Parking Structures. Building(s) dedicated to structured parking on the same lot as one or more multi-family buildings or mixed-use development shall be subordinate in design and placement to the multi-family or mixed-use building(s) on the lot. Architectural design features such as non-reflective windows, variegated materials (stamped concrete, brick, etc.), landscaping and screening and decorative facade openings are strongly encouraged.

Waivers. Upon the request of the applicant and subject to compliance with the compliance guidelines, the site plan review authority may waive the requirements of this Section 9.5.7 (General Development Standards) in the interests of design flexibility and overall project quality, and subject to a finding of consistency of such variation with the overall purpose and objectives of the MCMOD.

Bonuses. In exchange for certain improvements to benefit the public interest as detailed in Section 9.5.7.6, proposed developments may qualify by special permit for one additional story of building height (or an additional 11 feet of building height) above the requirements set forth in Section 9.5.5 (Dimensional Standards). Setback requirements for building height as detailed in Section 9.5.5 shall remain in effect. The Planning Board shall serve as special permit granting authority. Proposed developments are eligible for only one bonus. If density exceeds applicable maximum allowable density requirements as a result of bonus building height, the special permit shall serve to allow the increased density. Failure to grant a special permit for any bonus shall not be construed as a means to deny the multifamily residential use.

Affordable Housing Density Bonus. One additional story of building height may be granted by special permit in exchange for a development that designates at least an additional 5% of total units as affordable units to households making not more than 50% AMI, resulting in 25% affordability for the overall development.

Stormwater Management and Heat Island Impact Bonus. One additional story of height may be granted by special permit in exchange for a development that both a) fully meets new development standards for stormwater in the Massachusetts Stormwater Handbook and Norwood Conservation Commission stormwater regulations and b) includes one of the following additional components:

Install a vegetated or green roof over 50% of the roof area.

ii.

Use diffuse, highly reflective materials on 75% of the roof area.

iii.

Provide solar PV and/or solar thermal on a minimum of 50% of the roof area.

iv.

Provide 100% highly reflective concrete topping.

Provide 40% open space.

Structured Parking Bonus. One additional story of building height may be granted by special permit for developments that relocate surface parking to 1) an underground garage structure or 2) podium parking on the first floor of a residential structure; provided that surface parking square footage is replaced 1:1 with open space.

9.5.8.

Affordability.

Purpose.

Promote the public health, safety, and welfare by encouraging a diversity of housing opportunities for people of different income levels;

Provide a full range of housing choices for households of all incomes, ages, sizes and abilities;

Increase production of affordable housing to meet existing and anticipated housing needs;

Work to overcome economic segregation allowing Norwood to be a community in which low- and moderate-income households have the opportunity to advance economically.

Applicability. This requirement is applicable to all residential and mixed-use developments with eight or more dwelling units, whether new construction, substantial rehabilitation, expansion, reconstruction, or residential conversion. No project may be divided or phased to avoid the requirements of this section.

Affordability Requirements. All affordable units available and limited to households earning 80% or less of AMI created in the MCMOD under this section must be eligible for listing on EOHLC's Subsidized Housing Inventory.

Provision of Affordable Housing. In applicable projects with eight to 15 units, not less than 10% of housing units constructed pursuant to this Section 9.5 shall be affordable units. In applicable projects with 16 or more units, not less than 20% of housing units constructed pursuant to this Section 9.5 shall be affordable units. For purposes of calculating the number of affordable units required within a development project, any fractional unit of 0.5 or greater shall be deemed to constitute a whole unit. The affordable units shall be available to households earning income up to 80% of the AMI.

Development Standards. Affordable units shall be:

Integrated with the rest of the development and shall be compatible in design, appearance, construction, and quality of exterior and interior materials with the other units and/or lots;

Dispersed throughout the development;

Located such that all units within the development have equal access to shared amenities, including light and air, and utilities (including any bicycle storage and/or electric vehicle charging stations) within the development;

Located such that the affordable units have equal avoidance of any potential nuisances as market-rate units within the development;

Distributed proportionately among unit sizes of all other units in the development;

Distributed proportionately with all other units of the development across each phase of a phased development;

Occupancy permits may be issued for market-rate units prior to the end of construction of the entire development provided that occupancy permits for affordable units are issued simultaneously on a pro rata basis.

Special Permit. As detailed and subject to the requirements of Section 9.5.7.6, a development that designates at least an additional 5% of total units as affordable to households making not more than 50% AMI may be eligible by special permit for an additional story (or 11 feet) of building height.

9.5.9.

Site Plan Review.

Applicability. As detailed in Section 10.5 (Site plan approval), proposed development under the MCMOD is subject to site plan review by the Planning Board. All requirements of Section 10.5 shall apply.

As of Right. Site plan review for proposed development under the MCMOD shall be construed as an as of right review and approval process as required by EOHLC Compliance Guidelines for 3A. Site plan review shall not unreasonably condition nor delay proposed development under the MCMOD.

§ 9.6 Saint George Avenue Smart Growth Overlay District (SGASGOD).

9.6.1.

Purpose. It is the purpose of this Section to establish the St. George Avenue Smart Growth Overlay District (SGASGOD) and to encourage smart growth in accordance with the purposes of G. L. Chapter 40R, and to foster a range of housing opportunities along with a mixed-use development component, to be proposed in a distinctive and attractive site development program that promotes compact design, preservation of open space, and a variety of transportation options, including enhanced pedestrian access to employment and nearby services. Other objectives of this Section are to:

Promote the public health, safety, and welfare by encouraging diversity of housing opportunities;

Provide for a full range of housing choices for households of all incomes, ages, and sizes in order to meet the goal of preserving municipal character and diversity;

Increase the production of a range of housing units to meet existing and anticipated housing needs;

Provide a mechanism by which residential development can contribute directly to increasing the supply and diversity of housing;

Establish requirements, standards, and guidelines, and ensure predictable, fair and cost-effective development review and permitting; and

Establish development standards to allow context-sensitive design and creative site planning in the reuse of existing buildings.

9.6.2.

Definitions. For purposes of this Section, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the Enabling Laws or this Section. To the extent that there is any conflict between the definitions set forth in this Section and the Enabling Laws, the terms of the Enabling Laws shall govern.

AFFORDABLE HOMEOWNERSHIP UNIT

An Affordable Housing unit required to be sold to an Eligible Household.

AFFORDABLE HOUSING

Housing that is affordable to and occupied by Eligible Households. Affordable Housing units created within the SGASGOD meeting the standards set out in 760 CMR. 45.03 shall count on the Subsidized Housing Inventory, subject to the approval of the Massachusetts Department of Housing and Community Development (DHCD).

AFFORDABLE HOUSING RESTRICTION

A deed restriction of Affordable Housing meeting statutory requirements in G. L. c. 184, Section 31 and the requirements of this Section.

AFFORDABLE RENTAL UNIT

An Affordable Housing unit required to be rented to an Eligible Household.

AS-OF-RIGHT PROJECT OR PROJECT

A development of housing under zoning without recourse to a special permit, variance, zoning amendment, or other form of zoning relief. A Project that requires approval pursuant to this Section shall be considered an as-of-right Project.

ELIGIBLE HOUSEHOLD

An individual or household whose annual income is less than eighty percent (80%) of the area-wide median income as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.

ENABLING LAWS

G. L. Chapter 40R and 760 CMR 59.00.

PLAN APPROVAL

Standards and criteria which a Project in the SGASGOD must meet under the procedures established herein and in the Enabling Laws.

PLAN APPROVAL AUTHORITY

For purposes of reviewing Project applications and issuing decisions on development Projects within the SGASGOD, the Norwood Planning Board, consistent with G. L. Chapter 40R and 760 CMR 59.00, is hereby designated as the Plan Approval Authority (the "PAA") and is authorized to approve a site plan to implement a Project.

RECREATIONAL USES

Active recreational uses, including but not limited to ballfields; and passive recreational uses, including but not limited to walking and bicycle paths. Amusements or motorized uses shall not be considered eligible recreational uses.

TOWNHOUSE USE

Dwelling containing not more than two dwelling units.

ZONING BYLAWS

The Zoning BYLAWS of the Town of Norwood.

9.6.3.

Establishment. The St. George Avenue Smart Growth Overlay District, hereinafter referred to as the SGASGOD, is an overlay district having a land area of approximately 0.78 acres, as shown on the map entitled "Saint George Ave. Smart Growth Overlay District," dated April 24, 2006. This map is hereby made a part of the Zoning BYLAWS and is on file in the Office of the Planning Board, the Building Inspector, and the Town Clerk. The metes and bounds of the SGASGOD are as follows:

Beginning at a point on the southwesterly side of Saint James Avenue on the northwesterly side of new lot to be; Thence turning and running south 59°2200"e along Saint James Avenue a distance of 159.61 feet to a point: Thence turning and running into a curve to the right with a radius of 20.00 a distance of 33.07 feet to a point; Thence turning and running south 35°2140" west along Pond Avenue a distance of 155.94 feet to a point; Thence turning and running into a curve to the right with a radius of 25.00 a distance of 37.21 feet to a point; Thence turning and running north 59°22'00" west along Saint George Avenue a distance of 141.78 feet to a point; Thence turning and running north 30°38'00" east a distance of 200.00 feet back to the point of beginning.

Multifamily District. The as of right density shall be twenty (20) dwelling units per acre.

Underlying Zoning. The SGASGOD is an overlay district superimposed on all underlying zoning districts. The use and density regulations governing the underlying zoning district(s) shall remain in full force until such time a the first building permit is issued pursuant to the SGASGOD; thereafter, the provisions of the underlying district shall expire.

9.6.4.

Applicability of SGASGOD. In accordance with the provisions of G. L. Chapter 40R and 760 CMR 59.00, an Applicant for a Project located within the SGASGOD may seek Plan Approval in accordance with the requirements of this Section. Such application shall not be subject to any other provisions of this Zoning BYLAWS, including limitations upon the issuance of building permits for residential uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits.

9.6.5.

Permitted Uses. The following uses are permitted as of right in the SGASGOD:

Multifamily Residential Use;

Townhouse Use;

Parking, including surface, garage-under, and structured parking (e.g., parking garages);

Open space and Recreational Uses; and

Accessory uses customarily incidental to any of the above permitted uses.

9.6.6.

Housing and Housing Affordability.

Marketing Plan. Prior to granting Plan Approval for housing within the SGASGOD, an Applicant for such approval must submit a narrative document and marketing plan that establishes that the proposed development of housing is appropriate for diverse populations, including households with children, other households, individuals, households including individuals with disabilities, and the elderly. No less than ten percent (10%) of the residential units within the District shall be three (3) bedroom units and notwithstanding anything to the contrary in this Section, this requirement shall not be reduced. These documents in combination, to be submitted with a Site Plan application pursuant to Section 9.6.12, below, shall include details about construction related to the provision, within the development, of units that are accessible to the disabled.

Number of Affordable Housing Units. Not less than twenty percent (20%) of housing units constructed in the SGASGOD shall be Affordable Housing. For purposes of calculating the number of units of Affordable Housing required within the SGASGOD, any fractional unit of one-half (1/2) or greater shall be deemed to constitute a whole unit.

Requirements. Affordable Housing shall comply with the following requirements:

For an Affordable Rental Unit, the monthly rent payment, including utilities and parking, shall not exceed thirty percent (30%) of the maximum monthly income permissible for an Eligible Household, assuming a family size equal to the number of bedrooms in the unit plus one, unless other affordable program rent limits approved by the DHCD shall apply.

For an Affordable Homeownership Unit the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowner’s association fees, insurance, and parking, shall not exceed thirty percent (30%) of the maximum monthly income permissible for an Eligible Household, assuming a family size equal to the number of bedrooms in the unit plus one.

Affordable Housing required to be offered for rent or sale shall be rented or sold to and occupied only by Eligible Households.

The SGASGOD shall not include the imposition of restrictions on age upon the entire district, but the development of specific Projects within the district may be exclusively for the elderly, persons with disabilities, or for assisted living, provided that any such Project shall be in compliance with all applicable fair housing laws and not less than twenty-five percent (25%) of the housing units in such a restricted Project shall be restricted as Affordable Housing. Any Project which includes age-restricted residential units shall comply with applicable federal, state and local fair housing laws and regulations.

Design and Construction. Units of Affordable Housing shall be finished housing units. Units of Affordable Housing shall be dispersed throughout the development of which they are part and have exteriors that are equivalent in design and materials to the exteriors of other housing units in the development.

Specification of the term of the affordable housing restriction which shall be no less than thirty (30) years;

The name and address of an administering agency with a designation of its power to monitor and enforce the affordable housing restriction;

A description of the unit of Affordable Housing by address and number of bedrooms;

Reference to a housing marketing and resident selection plan, to which the Affordable Housing is subject, and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection process. The housing marketing and selection plan may provide for preferences in resident selection to the extent consistent with applicable law; the plan shall designate the household size appropriate for a unit with respect to bedroom size and provide that the preference for such Unit shall be given to a household of the appropriate size;

A requirement that residents will be selected at the initial sale or initial rental and upon all subsequent sales and rentals from a list of Eligible Households compiled in accordance with the housing marketing and selection plan;

Reference to the formula pursuant to which rent of a rental unit or the maximum resale price of a homeownership will be set;

Designation of the priority of the Affordable Housing Restriction over other mortgages and restrictions, provided that a first mortgage of a Homeownership Housing Unit to a commercial lender in an amount less than maximum resale price may have priority over the Affordable Housing Restriction if required by then current practice of commercial mortgage lenders;

A requirement that only an Eligible Household may reside in Affordable Housing and that notice of any lease or sublease of any unit of Affordable Housing shall be given to the administering agency;

Provision for effective monitoring and enforcement of the terms and provisions of the affordable housing restriction by the administering agency;

Provision that the restriction on an Affordable Homeownership Unit shall run in favor of the administering agency, the municipality, in a form approved by municipal counsel, and shall limit initial sale and re-sale to and occupancy by an Eligible Household;

Provision that the restriction on an Affordable Rental Unit shall run in favor of the administering agency, the municipality, in a form approved by municipal counsel, and shall limit rental and occupancy to an Eligible Household;

Provision that the owner[s] or manager[s] of Affordable Rental Unit[s] shall file an annual report to the administering agency, in a form specified by that agency certifying compliance with the Affordability provisions of this BYLAWS and containing such other information as may be reasonably requested in order to ensure affordability; and

A requirement that residents in Affordable Housing provide such information as the administering agency may reasonably request in order to ensure affordability.

Administering Agency. An administering agency which may be the Local Housing Authority, a regional non-profit housing agency, an affordable housing trust or other qualified housing entity shall be designated by the PAA. In a case where the administering agency cannot adequately carry out its administrative duties, such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the PAA or, in the absence of such timely designation, by an entity designated by the DHCD. In any event, such agency shall ensure the following:

Prices of Affordable Homeownership Units are properly computed; rental amounts of Affordable Rental Units are properly computed;

Income eligibility of households applying for Affordable Housing is properly and reliably determined;

The housing marketing and resident selection plan conforms to all requirements and is properly administered;

Sales and rentals are made to Eligible Households chosen in accordance with the housing marketing and resident selection plan with appropriate unit size for each household being properly determined and proper preference being given; and

Affordable Housing Restrictions meeting the requirements of this section are recorded with the Norfolk County Registry of Deeds.

Housing Marketing and Selection Plan. The housing marketing and selection plan may make provision for payment by the Project applicant or owner of reasonable costs to the administering agency to develop, advertise, and maintain the list of Eligible Households and to monitor and enforce compliance with affordability requirements. Such payment shall not exceed one-half percent (l/2 %) of the amount of rents of Affordable Rental Units (payable annually) or one percent (1%) of the sale or resale prices of Affordable Homeownership Units (payable upon each such sale or resale), as applicable.

Age Restrictions. The District shall not include the imposition of restrictions on age upon the entire District, but the development of specific Projects within the District may be exclusively for the elderly, persons with disabilities, or for assisted living, provided that any such Project shall be in compliance with all applicable fair housing laws and not less than twenty-five percent (25%) of the housing units in such a restricted Project shall be restricted as Affordable units. Any Project which includes age-restricted residential units shall comply with applicable federal, state and local fair housing laws and regulations.

Twenty Percent Requirement. Not less than twenty percent (20%) of all residential units constructed within Projects within the SGASGOD shall be Affordable Housing

10.

Computation. Prior to the granting of any Building Permit for the housing component of a Project, the applicant for such building permit must demonstrate, to the satisfaction of the PAA, that the method by which such affordable rents or affordable purchase prices are computed shall be consistent with state or federal guidelines for affordability applicable to the Town.

11.

No Waiver. Notwithstanding anything to the contrary herein, the Affordability provisions in this Section shall not be waived.

9.6.7.

Height, Bulk and Scale Standards. The dimensional requirements applicable in the SGASGOD are as follows:

Minimum Lot Area; Multifamily	2,000 sq. ft. per dwelling unit
Height	45 ft.
Minimum Lot Frontage	90 ft.
Front Setback	20 ft.
Side Yard	15 ft.
Rear Yard	10 ft.
Maximum Lot Coverage	30%
Minimum Open Space	40%
Required Lot Width Through Building or Structure	90 ft.

9.6.8.

Parking Requirements. Dwelling: Three (3) parking spaces per dwelling units with more than one (1) bedroom. One (1) parking space per dwelling units with one (1) bedroom. Parking spaces may be parked in tandem.

9.6.9.

District Design Standards. In order to ensure high-quality conversion of the existing historic church and adjacent residential structures within the SGASGOD and to ensure design details that respect the architectural features of the existing structures as well as the character of South Norwood, the following design standards and guidelines are established. These standards and guidelines are intended to be applied flexibly by the Plan Approval Authority to enable the purpose of this District to be realized.

Site Planning

Residential Open Space. Residential projects should be sited to maximize opportunities for creating usable, attractive, well-integrated open space.

Maintain existing set backs to preserve building context.

Create a courtyard-style open space that is visually and functionally accessible to the public view.

Where practicable retain existing trees and plantings.

Parking and Vehicle Access. Siting should minimize the impact of automobile parking and driveways on the pedestrian environment, adjacent properties and pedestrian safety.

Preserve and enhance the pedestrian environment by providing for continuous sidewalks that are unencumbered by parked vehicles and are minimally broken by vehicular access and parking

Limit the number of driveways that enter or exit over the main frontage sidewalks.

Adequately screen from view by use of plantings or landscape structures, surface parking areas facing Avenues and adjacent properties.

Parking areas shall be setback from streetlines and property lines a minimum of five feet (5').

Multi-purpose parking areas paved with unit pavers are encouraged (i.e., areas that serve both parking and public open space needs).

Architectural Elements and Materials

Existing Buildings. Building renovations should seek to retain the historic character of the church building and rectory structures while accommodating the need to introduce new elements for circulation, entrances, and light and air for each unit.

Doors and windows shall be of high quality metal or vinyl clad wood framed windows that meet or exceed the minimum thermal resistant requirements of the Massachusetts State Building Code. The design, layout and color of doors and windows should reflect the style and character of the existing buildings.

Balconies and/or porches shall be constructed of durable high quality materials that require minimum future maintenance and meet or exceed minimum structural loading requirements of the Massachusetts State Building Code. Guard and hand rails shall be designed and constructed of materials that reflect the style and character of the existing buildings and shall meet or exceed the minimum requirements of the Massachusetts State Building Code.

Trim shall be of a high level of fine grained detailing and trim.

High quality materials, such as wood, cement plaster stucco, and granite should be used.

Canopies and cornices should be used.

Ground Floor. Ground floors or bases immediately next to pedestrians should reflect a higher level of detail refinement and high quality materials.

Rooftops. Rooftop building systems (i.e., mechanical and electrical equipment, antennas) should be screened from all key observation points by integrating them into the building design with parapets, screens or other methods.

Distinctive Features. Illuminate distinctive features of the building including entries, signage, canopies, and areas of architectural detail and interest. Encourage pedestrian scale pole lights along streets and walks.

Exterior Finish Materials.

Exteriors. Building exteriors should be constructed of durable and maintainable materials that are attractive even when viewed up close. Materials that have texture, pattern or lend themselves to a high quality of detailing are encouraged.

Consider each building as a high-quality, long term addition to the area; exterior design and materials should exhibit permanence and quality appropriate to the neighborhood.

Consider wood shingles, clapboard, hardiplank, and cement plaster stucco residential structures.

Provide operable windows of high quality metal or vinyl clad wood framed windows that meet or exceed the minimum thermal resistant requirements of the Massachusetts State Building Code. The design, layout and color of doors and windows should reflect the style and character of the existing buildings.

Use materials that are consistent with the existing or intended neighborhood character, including wood, brick, cement plaster stucco and stone.

Finish materials that are susceptible to staining, fading or other discoloration are strongly discouraged.

Pedestrian Environment

Pedestrian Open Spaces and Entrances. Convenient and attractive access to the building's entry should be provided to ensure comfort and security, paths and entry areas should be sufficiently lighted and entry areas should be protected from the weather.

Opportunities for creating lively, pedestrian-oriented open space should be considered.

Provide entryways that link the building to the surrounding landscape.

Create open spaces at street level that link to the open space of the sidewalk.

Provide convenient, attractive and protected entries for residential uses.

Screening of Dumpsters, Utilities and Service Areas. All utilities shall be underground.

All dumpsters, utilities, mechanical equipment and service areas should be screened with adequate plantings and/or landscape structures appropriate to the scale and character of the neighborhood.

Lighting.

Consider pedestrian-scale lighting, such as a twelve foot (12') to fifteen foot (15') high pole or bollard fixtures.

Architectural lighting should complement the architecture of the structure including transparent windows allowing views into and out of the structure—thus incorporating the "eyes” on the street" design approach.

Fixtures that produce glare or that spill light to adjoining sites, such as "wallpacks," are discouraged.

Installation of pedestrian light fixtures as part of a development's sidewalk improvements is strongly encouraged. The style of light fixture should be consistent with the preference identified by the Town of Norwood.

9.6.10.

General Design Standards.

Lighting.

Applicability. The following limitations should be observed by all new exterior lighting installations, except those within illuminating a right way, or up to two (2) security lights on any premises.

Lighting Installations. Exterior area lighting, such as for parking lots or recreation areas, and building flood lighting shall employ fixtures of a type, height, location, brightness and direction such that light sources are not exposed to normal view from any adjacent swellings or traveled ways. Light overspill onto adjacent premises shall not exceed one-half (1/2) footcandles measured in residential districts or three (3) footcandles in nonresidential districts, except that in the ambient level exceeds that, then overspill shall no be such as to produce shadows observable without instruments.

Lighting Plan. An exterior lighting plan is required for application proposing in aggregate more than 5,000 watts of exterior lighting, to include indication of location, mounting height, and orientation of luminaires, and sufficient technical information on the fixtures to determine their type and resulting Illumination levels.

Departures. Departure from the above requirements may be authorized upon determination by the PAA that either it is inherently infeasible for that use (e.g. public outdoor recreation) to meet these standards, or that the installation involves no more than two (2) luminaires, and that all reasonable efforts have been made to avoid glare or light overspill onto streets or residential premises.

Noise.

Noise Standards. The following noise standards, unless otherwise specifically indicated, shall apply to noise as heard at any location off the premises within a designated noise zone, except for that produced by warning devices, agricultural activity, temporary construction or maintenance work, yard maintenance, public events, or other circumstances, but specifically not excluding recurrent vehicle noise associated with fixed points, such as that of refrigerator trucks at loading areas.

Noise Zones. The following noise zones are hereby created.

Limitations. No development shall be allowed which would result in the following standards being exceeded by more that twenty (20) decibels at any time, or by more than ten (10) decibels for more than ten (10) minutes in an hour, or at all for more than thirty (30) minutes in an hour, measured at any point off-site. If the generated noise has a single dominant frequency above 4,800 cycles per second, these standards shall be reduced by five (5) decibels.

Allowable Exterior Noise Level (decibels)

NOISE ZONE	7AM – 9PM	9PM – 7AM
A	65	60
B	60	55
C	55	50

Landscaping and Screening.

Applicability. Street parking area and buffer strip landscaping and screening shall be provided as specified below when any new building, addition, or change of use requires a parking increase of seven or more spaces.

Plantings. Required plantings shall include both trees and evergreen shrubs, and preferably will include ones existing on site. To be credited towards meeting these requirements, trees must be two and one-half inches (2 1/2") caliper four feet (4') above grade, be of a species common to the area, and reach an ultimate height of at least thirty feet (30'). Credited shrubs must be at lease thirty inches (30") in height at the time of planting, reach an ultimate height of at least four feet (4') (except where lower height is necessitated for egress visibility as determined by the inspector of buildings) and be of an evergreen species common in the area. Plantings shall average at least one (1) tree per forty linear feet (40') of planting area length and at least one (1) shrub per three feet (3'). Plantings preferably will be grouped, not evenly spaced, and shall be located or trimmed to avoid blocking egress visibility. The planting area shall be located wholly within the lot.

Street Plantings. Plantings are required along the entire street frontage for nonresidential uses, except at drives, and except where neither a street setback nor a buffer zone is required. The required plantings shall be located within fifteen feet (15') of the street property line.

Parking Area Plantings. A minimum of two percent (2%) of the interior area of parking lots containing thirty (30) or more spaces must be planted. A minimum of one (1) tree and four (4) shrubs exclusive of any required perimeter plantings must be planted for every 1,500 square feet of parking lot. Planting areas must each contain not less than thirty (30) square feet of unpaved soil area. Trees and soil plots shall be so located as to provide visual relief and wind interruption within the parking area, and to assure safe patterns of internal circulation.

Buffer Strip Plantings. Buffer strip plantings shall be provided in required buffer strips and for any premises along the full length of any boundary abutting or extending into a residential district. Required plantings shall be located within ten feet (10') of the boundary line.

Screening. Screening is required to obscure visibility from beyond the boundaries of the premises in residential districts for parking areas of seven or more spaces, if otherwise visible at normal eye level within a residential district within fifty feet (50') of the lot line.

Materials. Screening as required shall consist of plantings as specified at Section 6.3 of species, size and spacing to effectively obscure vision within fifty (50) years of expected growth, must be supplemented by an opaque fence or wall at least six feet (6') tall.

Existing Vegetation. Whenever possible, the above requirement shall be met by retention of existing plants. If located within twenty-five feet (25') of a street, no existing tree of six inches (6") caliper or greater (measured four feet (4') above grade), dense hedgerow of four or more feet (4') in both depth and height, or existing earth berm providing similar visual screening shall be removed or have grade changed more than one foot (1') unless dictated by plant health, access safety, or identification of the premises.

Maintenance. All plant materials required by this BYLAWS shall be maintained in healthful condition. Dead limbs shall be promptly removed and dead plants shall promptly be replaced at the earliest appropriate season. Any fences required for screening shall be properly maintained.

Nonconforming Landscaping and Screening.

Continuation. Any improvement along the property boundary, including landscaping, screening, and fencing, legally erected may continue to be maintained, even though the boundary improvements do not conform to this Section.

Change. Such boundary improvements shall not be enlarged, redesigned, or altered except so as to make them conform to said requirements. Any such boundary improvements which have been destroyed or damaged to such an extent that the cost of restoration would exceed fifty percent (50%) of the replacement value of the boundary improvements at the time of destruction or damage, shall not be repaired, rebuilt, or altered, except to conform to the requirements of this BYLAWS.

The exemption for nonconforming landscaping and screening herein granted shall terminate with respect to any boundary improvements which shall have been abandoned or shall not have been repaired or properly maintained for at least sixty days after notice to that effect has been given by the Inspector of Buildings.

Storm Water Management. The design and construction of stormwater management systems for development subject to Development Plan Review will be consistent with the following:

Discharging untreated stormwater runoff directly into rivers, streams, watercourses, or increasing the volume, rate, or further degrading the quality of existing discharges/runoff is prohibited.

Post-development peak runoff shall be maintained at or below pre-development peak runoff rates.

Storm runoff shall be routed through structural and nonstructural systems designated to increase time of concentration, decrease velocity, increase infiltration, and allow suspended solids to settle and remove pollutants. These systems shall utilize subsurface infiltration as the primary technique to treat runoff and shall be designed to remove eighty percent (80%) of the annual average bad (post-development conditions) of Total Suspended Solids (TSS).

When in the opinion of the Town Engineer subsurface infiltration of runoff is deemed infeasible because of soil conditions, retention and detention ponds, and methods of overland flow may be used to retain, detain, and treat runoff. However, there shall be a minimum of two feet (2') of naturally occurring solids between the basin bottom and the ground water table.

Storm management systems shall have an operation and maintenance plan to ensure that systems functions as designed.

Erosion Control.

Any area of bare earth exposed through building or site development or demolition must be permanently stabilized through replanting, paving, or other means of eliminating wind or water erosion. The PAA may require that a performance bond be posted in an amount sufficient to assure completion of such work.

All construction must comply with the following. An erosion control plan shall be submitted for every development which will expose more than 60, 000 square feet of bare earth during development through either removal or filling on the same parcel or on contiguous parcels in the same ownership, and for developments exposing 20,000 to 60,000 square feet of bare earth in areas having existing slopes in excess of ten percent (10%), highly erodible soils, or other conditions determined by the PAA to necessitate such a plan. Such a plan shall have sufficient information on existing and proposed topography, vegetation, and control measure to allow determination of compliance.

Stripping of vegetation, regarding, or other development shall be done in a way which will minimize soil erosion.

Whenever practical, trees and other natural vegetation shall be retained, protected, and supplemented.

The disturbed area shall be kept to a minimum.

Where necessary, temporary vegetation and/or mulching shall be used to protect areas exposed during development.

Sediment basins (debris, basins, desilting basins or silt traps) shall be installed and maintained where necessary to remove from runoff waters any sediment from land undergoing development.

A ground cover sufficient to retain erosion must be planted or otherwise provided within thirty (30) working days, season permitting, on any portion of the tract upon which further active construction is not to be undertaken.

The development plan or land-disturbing activity shall be fitted to the topography and soils so as to minimize erosion potential.

The PAA may require a report on the erosion control proposals by the Soil Conservation Service or other expert on soil mechanics in cases where doubt as to adequacy of proposed measures shall, unless otherwise specified, be consistent with Guideline for Soil and Water Conservation in Urbanizing areas of Massachusetts, USDA Soil Conservations Service, 1975.

Tree Protection. Location and design shall not cause avoidable removal or damage to any tree exceeding twelve (12) inches trunk diameter four and one-half feet (4 1/2') above grade.

9.6.11.

Signage; Number, Size and Type. There may be one (1) sign per lot, set back a minimum of five feet (5') from each property line, indicating only the name or occupant, the street name and number, and a use permitted under this BYLAWS. Such sign may be a standing sign or a wall sign, but it shall not exceed fifteen (15) square feet in area.

9.6.12.

Application for Plan Approval; Required Submittals. The application for Plan Approval shall be accompanied by the following plans and documents. All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed and stamped, and drawings prepared at a scale of one inch equals forty feet (1" = 40') or larger, or at a scale as approved in advance by the PAA. All plans and elevations presented with the application shall remain a part of the records of the PAA. The provision of the plan and the application shall be the sole responsibility of the applicant. Plans shall show the following:

The perimeter dimensions of the lot; Assessors Map, lot and block numbers.

All existing and proposed buildings, structures, building setbacks, parking spaces, driveway openings, distance between buildings, plan view exterior measurements of individual buildings, driveways, service areas and open areas.

Internal roads, sidewalks and parking areas (width dimensions of paving and indication of number of parking spaces).

All facilities for sewage, refuse and other waste disposal and for surface water drainage.

All proposed landscaping features, such as fences, walls, planting areas and walks on the lot and tract.

Existing major natural features, including streams, wetlands and all trees six inches (6") or larger in caliper (caliper is girth of the tree at approximately waist height).

Scale and North arrow (minimum scale of one inch equals 40 feet (1" = 40')).

Total site area in square footage and acres and area to be set aside as public open space, if appropriate.

Percentage of lot coverage (including the percentage of the lot covered by buildings) and percentage of open space, if appropriate.

10.

The proposed residential density in terms of dwelling units per acre and types of proposed commercial uses in terms of the respective floor area, and recreation areas, and number of units proposed by type (number of one (1) bedroom units, two (2) bedroom units, etc., if appropriate).

11.

Location sketch map (indicate surrounding streets and properties and any additional abutting lands owned by the applicant).

12.

Representative elevation sketches of buildings (indicate height of building and construction material of the exterior facade).

13.

Typical unit floor plan for residential uses. (Floor plan should be indicated for each type of unit proposed. The area in square feet of each typical unit should be indicated.

14.

Developer's (or his representative's) name, address and phone number.

15.

Any other information which may include required traffic, school, utilities impact study and in order to adequately evaluate the scope and potential impacts of the proposed project.

16.

Rehabilitation Plan. If a building is to be rehabilitated and converted into a dwelling unit or units, in addition to the required site plan, nine (9) copies of the following described plan shall be furnished.

A floor plan of each floor on which remodeling is to be done or areas converted into dwelling units;

A floor plan showing the stairways, halls, door openings into the halls and exit doors of each floor or floors where remodeling or converting is to be done; and

An elevation of the parts of the building where outside stairways or fire escapes are to be located. The plans and elevations shall be clearly illustrated. The size of each plan shall be eleven inches (11") by seventeen inches (17") or twenty-two inches (22"), it shall be drawn to scale one-quarter inch equals one foot (1/4" = 1').

9.6.13.

Procedures.

Filing. An applicant for Plan Approval shall file the application form and the other required submittals with the Town Clerk and fifteen (15) copies of the application including the date of filing certified by the Town Clerk shall be filed forthwith with the PAA.

Circulation to Other Boards. Upon receipt of the Application, the PAA shall immediately provide a copy of the application materials to the Board of Selectmen, Board of Appeals, Board of Health, Conservation Commission, Fire Department, Police Department, Inspector of Buildings, Department of Public Works, and other municipal officers, agencies or boards for comment, and any such board, agency or officer shall provide any written comments within sixty (60) days of its receipt of a copy of the plan and application for approval.

Hearing. The PAA shall hold a public hearing for which notice has been given as provided in Section 11 of G. L. Chapter 40A. The decision of the PAA shall be made, and a written notice of the decision filed with the Town Clerk, within 120 days of the receipt of the application by the Town Clerk. The required time limits for such action may be extended by written agreement between the applicant and the PAA, with a copy of such agreement being filed in the office of the Town Clerk. Failure of the PAA to take action within said 120 days or extended time, if applicable, shall be deemed to be an approval of the application and site plan.

Peer Review. The applicant shall be required to pay for reasonable consulting fees to provide peer review of the Plan Approval application. Such fees shall be held by the Town in a separate account and used only for expenses associated with the review of the application by outside consultants, including, but not limited to, attorneys, engineers, urban designers, housing consultants, planners, and others. Any surplus remaining after the completion of such review, including any interest accrued, shall be returned to the applicant.

9.6.14.

Decision.

Waivers. Upon the request of the Applicant, the Plan Approval Authority may waive all dimensional and other requirements of this Section with the exception of the affordability requirement, including the design standards of herein, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the SGASGOD, or if it finds that such waiver will allow the Project to achieve the density, affordability, mix of uses, and/or physical character allowable under this Section.

Plan Review. An Application for Plan Approval shall be reviewed for consistency with the purpose and intent of this Section, and such Plan Review and shall be construed as an as-of-right review and approval process as required by and in accordance with the Enabling Laws.

Plan Approval. Plan Approval shall be granted where the PAA finds that:

the applicant has submitted the required fees and information as set forth in the Regulations;

the Project and site plan meet the requirements and standards set forth this Section, or a waiver has been granted there from; and

extraordinary adverse potential impacts of the Project on nearby properties have been adequately mitigated.

Plan Disapproval. A site plan may be disapproved only where the PAA finds that:

the applicant has not submitted the required fees and information as set forth in the Regulations;

the Project and site plan do not meet the requirements and standards set forth this Section, or a waiver has been granted there from; or

it is not possible to adequately mitigate significant adverse project impacts on nearby properties by means of suitable conditions.

Form of Decision. The PAA shall issue to the applicant a copy of its decision containing the name and address of the owner, identifying the land affected, and the plans that were the subject of the decision, and certifying that a copy of the decision has been filed with the Town Clerk and that all plans referred to in the decision are on file with the PAA. If twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk without an appeal having been filed or if such appeal, having been filed, is dismissed or denied, the Town Clerk shall so certify on a copy of the decision. A copy of the decision or application bearing such certification shall be recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the applicant.

9.6.15.

Change in Plans After Approval by PAA.

Minor Change. After Plan Approval, an applicant may apply to make minor changes involving minor utility or building orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall buildout or building envelope of the site, or provision of open space, number of housing units, or housing need or affordability features. Such minor changes must be submitted to the PAA on redlined prints of the approved plan, reflecting the proposed change, and on application forms provided by the PAA. The PAA may authorize such changes at any regularly scheduled meeting, without need to hold a public hearing. The PAA shall set forth any decision to approve or deny such minor change by motion and written decision, and provide a copy to the applicant for filing with the Town Clerk.

Major Change. Those changes deemed by the PAA to constitute a major change because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the PAA as a new application for Plan Approval pursuant to this Section.

§ 9.7 Guild Street Smart Growth Overlay District (GSSGOD).

9.7.1.

Purpose. It is the purpose of this Section to establish a Guild Street Smart Growth Overlay District (GSSGOD), to encourage Smart Growth in accordance with the purposes of G. L. Chapter 40R and its regulations at 760 CMR 59.00, and to foster a range of housing opportunities to be proposed in a distinctive and attractive site development program that promotes compact design, preservation of open space, and a variety of transportation options, including enhanced pedestrian access to employment and nearby transportation systems. Other objectives of this Section are to:

Promote the public health, safety, and welfare by encouraging diversity of housing opportunities;

To promote mixed use and economic development that is safe, pedestrian friendly, and oriented to rail transit;

Increase the production of a range of housing units to meet existing and anticipated housing needs;

Provide a mechanism by which residential development can contribute directly to increasing the supply and diversity of housing;

Establish requirements, standards, and guidelines, and ensure predictable, fair and cost-effective development review and permitting;

Establish development standards to allow high quality design and creative site planning;

Enable the Town to receive Zoning Incentive Payments and/or Density Bonus Payments in accordance with G.L. Chapter 40R, 760 CMR 59.06, and additional Chapter 70 aid in accordance with G.L. Chapter 40S arising from the development of housing in the GSSGOD.

9.7.2.

Definitions. For purposes of this Section, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the Enabling Laws or this Section 9.7. To the extent that there is any conflict between the definitions set forth in this Section and the Enabling Laws, the terms of the Enabling Laws shall govern.

AFFORDABLE HOMEOWNERSHIP UNIT

An Affordable Housing unit required to be sold to an Eligible Household.

AFFORDABLE HOUSING

Housing that is affordable to and occupied by individuals and families whose annual income is less than 80 percent of the area-wide median income as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size and using HUD’s rules for attribution of income to assets. Affordability shall be assured for a period of not less than 30 years through the use of an affordable housing restriction as defined in G.L. c. 184, § 31. Affordable Housing Units created within the GSSGOD meeting the standards set out in Sections II.A.1-3, III, VI.B.4-9 and VI.E of the Department’s guidelines for the Subsidized Housing Inventory shall count as low-or moderate-income units on the Subsidized Housing Inventory, subject to the approval of the Department of Housing and Community Development (DHCD).

AFFORDABLE HOUSING RESTRICTION

A deed restriction for Affordable Housing meeting the statutory requirements of G.L. c. 184, § 31.

AFFORDABLE RENTAL UNIT

An Affordable Housing unit required to be rented to an Eligible Household.

APPLICANT

The individual or entity that submits a Project for Plan Approval.

AS-OF-RIGHT UNIT

A unit of housing is developable as-of-right if it may be developed under the Underlying Zoning or Smart Growth Zoning without recourse to a special permit, variance, zoning amendment, or other form of zoning relief. Units that require Plan Approval shall be considered As-of-right Units, subject to review and approval by the Department of the proposed Smart Growth Zoning under 760 CMR 59.00.

DEVELOPABLE LAND

The “Developable Land,” as the term is defined in 760 CMR 59.00, is available for residential development within the GSSGOD. Developable Land shall not include:

Substantially Developed Land;

Open Space;

Future Open Space;

the rights-of-way of existing public streets, ways and transit lines;

land currently in use for governmental functions (except to the extent that such land qualifies as Underutilized Land); or

areas exceeding one-half acre of contiguous land that are:

protected wetland resources (including buffer zones) under federal, state or local laws;

rare species habitat designated under federal or state law;

characterized by steep slopes with an average gradient of at least fifteen percent; or

subject to any other local ordinance, bylaw or regulation that would prevent the development of residential projects at the as-of-right density set forth in the Smart Growth Zoning.

DHCD/DEPARTMENT

The Department of Housing and Community Development of the Commonwealth of Massachusetts (DHCD) or any successor agency.

ELIGIBLE HOUSEHOLD

An individual or household whose annual income is less than 80 percent of the area-wide median income as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.

ENABLING LAWS

G.L. Chapter 40R and 760 CMR 59.00, as they may be amended from time to time.

MONITORING AGENT

The local housing authority or other qualified housing entity designated by the PAA, pursuant to Section 9.7.4.6, to review and implement the Affordability requirements affecting Projects permitted under this Section 9.7.

MULTIFAMILY RESIDENTIAL USE

Apartment or condominium units in buildings that contain or will contain more than three (3) such units, provided that the Smart Growth Zoning may treat attached townhouses on separate lots as single-family residential use. See 760 CMR 59.04(1)(d).

PLAN APPROVAL

Standards and criteria which a Project in the GSSGOD must meet under the procedures established herein and in the Enabling Laws.

PLAN APPROVAL AUTHORITY (PAA)

For purposes of reviewing Project applications and issuing Plan Approval on Projects within the GSSGOD, the Plan Approval Authority (PAA), consistent with G.L. c. 40R and 760 CMR 59.00, shall be the Planning Board. The PAA is authorized to review projects and issue Plan Approval to implement a Project under G.L. c. 40R, § 11.

PLAN REVIEW

The review procedure established by this Section 9.7 and administered by the Plan Approval Authority.

PROJECT

A residential development undertaken within the GSSGOD in accordance with the requirements of the Smart Growth Zoning. Within the boundaries of the GSSGOD, a developer may elect to develop a Project in accordance with the requirements of the Smart Growth Zoning or to develop a project in accordance with the requirements of the Underlying Zoning. See 760 CMR 59.04(1)(f).

SITE PLAN

A plan depicting a proposed Project for all or a portion of the GSSGOD and which is submitted to the Plan Approval Authority for its review and approval in accordance with provisions of this Bylaw.

SUBSTANTIALLY DEVELOPED LAND

Land within a district that is currently used for commercial, industrial, institutional, or governmental use, or for residential use consistent with or exceeding densities allowable under the Underlying Zoning, and which does not qualify as underutilized land.

SMART GROWTH

A principle of land development that furthers, on balance, the goals set forth in G.L. c. 40R, § 1 and 760 CMR 59.01.

ZONING BY-LAW

The Zoning By-law of the Town of Norwood applicable to the geographic area in which the GSSGOD is located as said By-law may from time to time be amended.

9.7.3.

Overlay District. The GSSGOD is an overlay district having a land area of approximately 0.57 acres, as shown on a plan entitled “Guild Street Smart Growth Overlay District: Smart Growth Zoning Map,” prepared by Columbia Design Group, LLC and dated January 15, 2014 (see Appendix A, attached hereto), that is superimposed over the Underlying Zoning district(s). This map is hereby made a part of the Zoning By-Law and is on file in the Office of the Town Clerk.

Underlying Zoning. The GSSGOD is an overlay district superimposed on all Underlying Zoning districts. The Zoning By-law governing the Underlying Zoning district(s) shall remain in full force and effect except for Projects undergoing development pursuant to this Section 9.7. Within the boundaries of the GSSGOD a developer may elect to develop a Project in accordance with this Section 9.8, or to develop a Project in accordance with the requirements of the regulations for use, dimension and all other provisions of the Zoning By-law governing the Underlying Zoning district(s).

Applicability of GSSGOD. In accordance with the provisions of G.L. Chapter 40R and 760 CMR 59.00, an Applicant for a Project located within the GSSGOD may seek Plan Approval in accordance with the requirements of this Section 9.7. In such case, notwithstanding anything to the contrary in this Zoning By-Law, such Plan Approval shall not be subject to any other provisions of this Zoning By-Law, including limitations upon the issuance of building permits for residential uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to building permit or dwelling unit limitations. When a building permit is issued for any Project approved in accordance with this Section 9.7 the provisions of the Underlying Zoning district(s) shall no longer be applicable to the land shown on the site plan which was submitted pursuant to Section 9.7 for such Project.

9.7.4.

Housing and Affordability.

Marketing Plan. Prior to granting Plan Approval for housing within the GSSGOD, an Applicant for such approval must submit a narrative document, housing marketing plan, and resident selection plan that establish that the proposed development of housing is appropriate for diverse populations, including households with children, other households, individuals, households including individuals with disabilities, and the elderly. These documents in combination, to be submitted with an application for Plan Approval pursuant to Section 9.7.11, below, shall include details about construction related to the provision, type and specific location, within the Project, of all Affordable Housing units as well as all units that are accessible to the disabled. The marketing plan must be approved by DHCD under the 40R Program prior to the issuance of a building permit for a Project.

Number of Affordable Housing Units. Not less than twenty-five percent (25%) of housing units constructed in each Project and the GSSGOD as a whole shall be Affordable Housing. In determining the number of Affordable Housing units required within the GSSGOD, fractional numbers shall be rounded up to the nearest whole number. It is the intention that any Subsided Housing Inventory (SHI) eligible housing units constructed in the GSSGOD be included in the SHI.

Requirements. Affordable Housing shall comply with the following requirements:

For an Affordable Rental Unit, the monthly rent payment, including utilities and parking, shall not exceed 30 percent of the maximum monthly income permissible for an Eligible Household, assuming a family size equal to the number of bedrooms in the unit plus one, unless other affordable program rent limits approved by the DHCD shall apply.

For an Affordable Homeownership Unit the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowner's association fees, insurance, and parking, shall not exceed 30 percent of the maximum monthly income permissible for an Eligible Household, assuming a family size equal to the number of bedrooms in the unit plus one.

Affordable Housing required to be offered for rent or sale shall be rented or sold to and occupied only by Eligible Households.

The GSSGOD shall not include the imposition of restrictions on age upon the entire District, but the development of specific Projects within the GSSGOD may be exclusively for the elderly, persons with disabilities, or for assisted living, provided that any such Project shall be in compliance with all applicable federal, state and local fair housing laws and regulations and not less than 25% of the housing units in such a restricted Project shall be restricted as Affordable Housing.

At least 10% of the Affordable Housing units shall be handicapped-accessible.

There may be a local preference applied in the selection of Eligible Households for a Project to the extent allowable by applicable laws, regulations and guidelines and to the extent it is approved by DHCD and any other applicable regulating authority(ies) for the Project.

Design and Construction. Units of Affordable Housing shall be finished housing units. Units of Affordable Housing shall be dispersed evenly throughout the development/Project of which they are part and in accordance with a Housing Marketing and Selection Plan approved by the Monitoring Agent and DHCD. Units of Affordable Housing must be comparable in initial construction, quality and exterior design to other housing units in the development. The total number of bedrooms in the Affordable Housing shall be at least proportionate to the total number of bedrooms in all the units in the Project of which the Affordable Housing is part.

Affordable Housing Restriction. Each unit of Affordable Housing shall be subject to an Affordable Housing Restriction which is recorded with the appropriate registry of deeds or district registry of the Land Court and prior to such recording has been approved by DHCD under the 40R Program. Such Affordable Housing Restriction shall contain the following:

Specification of the term of the Affordable Housing Restriction which shall be perpetual;

The name and address of a Monitoring Agent with a designation of its power to monitor and enforce the Affordable Housing Restriction;

A description of the Affordable Homeownership Unit, if any, by address and number of bedrooms; and a description of the overall quantity and number of bedrooms and number of bedroom types of Affordable Rental Units in a Project or portion of a Project which are rental. Such restriction shall apply individually to the specifically identified Affordable Homeownership Unit and shall apply to a percentage of rental units of a rental Project or the rental portion of a Project without specific unit identification;

Reference to a housing marketing and resident selection plan, to which the Affordable Housing is subject, and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection process under the 40R Program. The housing and marketing selection plan shall provide for local preference in the selection of Eligible Households for a Project to the extent allowable by applicable laws, regulations and guidelines and to the extent it is approved by DHCD and any other applicable regulating authority(ies) for the Project. For the Affordable Housing units, the plan shall designate the household size appropriate for a unit with respect to bedroom size and provide that the preference for such unit shall be given to a household of the appropriate size;

A requirement that buyers or tenants will be selected at the initial sale or initial rental and upon all subsequent sales and rentals from a list of Eligible Households compiled in accordance with the housing marketing and selection plan;

Reference to the formula pursuant to which rent of an Affordable Rental Unit or the maximum resale price of an Affordable Homeownership Unit will be set;

A requirement that only an Eligible Household may reside in Affordable Housing and that notice of any lease or sublease of any unit of Affordable Housing shall be given to the Monitoring Agent;

Provision for effective monitoring and enforcement of the terms and provisions of the Affordable Housing Restriction by the Monitoring Agent;

Provision that the restriction on an Affordable Homeownership Unit shall run in favor of the Monitoring Agent and the Town, in a form approved by municipal counsel, and shall limit initial sale and resale to and occupancy by an Eligible Household;

Provision that the restriction on Affordable Rental Units in a rental Project or rental portion of a Project shall run with the rental Project or rental portion of a Project and shall run in favor of the Monitoring Agent and the Town, in a form approved by municipal counsel, and shall limit rental and occupancy to an Eligible Household;

Provision that the owner(s) or manager(s) of Affordable Rental Unit(s) shall file an annual report to Monitoring Agent, in a form specified by that Agent certifying compliance with the affordability provisions of this By-law and containing such other information as may be reasonably requested in order to ensure affordability;

A requirement that residents in Affordable Housing provide such information as the Monitoring Agent may reasonably request in order to ensure affordability.

Monitoring Agent. A Monitoring Agent, which may be the Local Housing Authority or other qualified housing entity, shall be designated by the PAA as the Monitoring Agent for all Affordable Housing units in a Project. In a case where the Monitoring Agent cannot adequately carry out its administrative duties, upon certification of this fact by the PAA or by DHCD, such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the PAA or, in the absence of such timely designation, by an entity designated by the DHCD. In any event, such Monitoring Agent shall ensure the following, both prior to issuance of a building permit for a Project within the GSSGOD, and on a continuing basis thereafter, as the case may be:

Prices of Affordable Homeownership Units are properly computed; rental amounts of Affordable Rental Units are properly computed;

Income eligibility of households applying for Affordable Housing is properly and reliably determined;

The housing marketing and resident selection plan, including the location and unit-type mix of the Affordable Housing Units relative to all units within the Project, has been submitted to and received approval from the Department’s 40R Program staff and otherwise conforms to all requirements and is properly administered;

Affordable Housing Restrictions meeting the requirements of this Section are recorded with the proper registry of deeds or district registry of the Land Court; and

Local preference in the selection of Eligible Households for a Project to the extent allowable by applicable laws, regulations and guidelines and to the extent it is approved by DHCD pursuant to an affordable fair housing marketing plan.

Housing Marketing and Selection Plan. The housing marketing and selection plan shall make provision for payment by the Project Applicant of reasonable costs to the Monitoring Agent to develop, advertise, and maintain the list of Eligible Households and to monitor and enforce compliance with affordability requirements, as set forth in Section 9.7.4.

Phasing. The PAA, as a condition of any Plan Approval, may require a Project to be phased in order to mitigate any extraordinary adverse Project impacts on nearby properties. For Projects that are approved and developed in phases, the PAA shall assure the required number of Affordable Housing units in the Project. Such assurance may be provided through use of the security devices referenced in G.L. c. 41, § 81U, or through the PAA’s withholding of certificates of occupancy until the proportionality required under 760 CMR 59.04(1)(h) has been achieved. No Density Bonus Payment will be received by the Town until such proportionality has been achieved by the issuance of occupancy permits for the Affordable Housing units in the Project. Notwithstanding the foregoing, for Projects that are approved and developed in phases, the proportion of Affordable Housing units shall be consistent across all phases.

Computation. Prior to the granting of any Plan Approval of a Project, the Applicant must demonstrate, to the satisfaction of the Monitoring Agent, that the method by which such affordable rents or affordable purchase prices are computed shall be consistent with state or federal guidelines for affordability applicable to the Town.

10.

No Waiver. Notwithstanding anything to the contrary herein, the Affordability provisions in this Section 9.7.4 shall not be waived.

9.7.5.

Permitted Uses.

The following uses are permitted as of right in the GSSGOD:

Multifamily Residential Use as a principal use, upon the issuance of Plan Approval for a Project.

Accessory uses which are subordinate to, clearly incidental to, customary in connection with and located in the same structure as a permitted principal use and which do not, in effect, constitute conversion of the permitted principal use to a use not otherwise permitted in the GSSGOD.

Nonresidential use of any building, structure or land within the GSSGOD is prohibited.

9.7.6.

Density.

Residential. The permissible residential density in the GSSGOD shall be 78 units per acre of Developable Land. The GSSGOD contains 0.57 acres of Developable Land. The total number of units to be developed in the GSSGOD hereunder, therefore, shall not exceed 44, i.e. 0.57 acres x 78 units/acre.

9.7.7.

Dimensional Regulations.

Height. Building height shall not exceed three (3) stories and fifty (50) feet.

Coverage. Maximum building coverage shall be fifty percent (50%) measured as to the total acreage of Developable Land in the GSSGOD.

9.7.8.

Performance Standards.

Driveways. The number of curb cuts on local public ways shall be as exists on August 1, 2013.

Interior Design. Projects shall assure safe interior circulation within its site by allowing for the separation of pedestrian, bicycle and motor vehicle traffic.

Noise. Any Project in the GSSGOD shall comply with 310 CMR 31.07, as may be amended.

Building Design. The Applicant should seek to retain the character of the existing building in the final design.

9.7.9.

Off-Street Parking and Loading Regulations.

Off-Street Parking Requirements. For any structure that is constructed, enlarged, or extended, or has a change of use which affects the computation of parking spaces, and any use of land established, or any existing use changed, parking spaces shall meet the following requirements:

Residential uses

One (1) space per unit.

Parking Location and Design. Required parking shall in all cases be on the same lot as the use it is intended to serve.

Loading Requirements. Adequate off-street loading facilities and space must be provided to service all needs created by construction of new structures. Such facilities shall be provided in accordance with Section 6.1 of the Zoning By-Law, unless waived by the PAA. Required facilities shall be so sized and arranged that no trucks need back onto or off of a public way, or be parked on a public way while loading, unloading or waiting to do so.

9.7.10.