[Added 5-15-2023 ATM by Art. 14]
The Multi-Family Housing Overlay District (MFHOD) is established
to allow for and encourage the development of multi-family housing
by right, and to comply with the requirements for MBTA Communities
as set forth in G.L. c.40A, § 3A. The requirements set forth
herein shall be applied so as to encourage the development of multi-family
housing projects of a scale, density and aesthetic that are compatible
with existing surrounding uses and minimize impacts to sensitive land.
To the extent possible, multi-family housing shall allow for safe,
accessible, and convenient access to transit stations for pedestrians
and bicyclists.
The boundaries of the MFHOD are depicted on the Zoning Map on
file with the Town Clerk. The MFHOD is further divided into two subdistricts:
MFHOD-1 and MFHOD-2, as depicted on the Zoning Map and described herein.
The provisions of the Multi-Family Housing Overlay District
(MFHOD) shall apply to all land within the MFHOD, and shall apply
uniformly to subdistricts MFHOD-1 and MFHOD-2 except as expressly
distinguished in this Article. Any matter not addressed herein shall
be governed by the provisions of the Zoning Bylaw applicable to underlying
zoning districts. In the event of any inconsistency between the provisions
of the MFHOD and any other provisions of the Zoning Bylaw, the provisions
of the MFHOD shall govern. The provisions of this Zoning Bylaw pertaining
to those zoning districts underlying this overlay district shall remain
in effect.
The definitions set forth herein shall apply solely within the
MFHOD, and shall control in any instance where they may be inconsistent
or conflict with other definitions in the Zoning Bylaw.
Shall have the meaning set forth in G.L. c.40A, § 1A,
as it may be amended. As presently defined, "Multi-family housing"
means a building with 3 or more residential dwelling units or 2 or
more buildings on the same lot with more than 1 residential dwelling
unit in each building.
A multi-family housing unit that is subject to a restriction
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 units may be, but are not required to be, eligible
for inclusion on DHCD's Subsidized Housing Inventory.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
A.
Allowed Use. Land within the MFHOD may be used for either:
(1)
Multi-Family Housing, as of right, subject to the requirements
set forth herein and such further requirements of the underlying zoning
district that are not inconsistent with the requirements of this MFHOD;
or
(2)
A use allowed in the underlying district by right or by special
permit, to which the requirements of the underlying district shall
apply.
Multi-Family Housing in the MFHOD shall be not subject to the
requirements for a Planned Residential Development, Planned Commercial
Development, or a Major Nonresidential Development of this Zoning
Bylaw.
B.
Site Plan Review. Site plan review shall apply to all uses in the MFHOD in accordance with § 280-9.5 Site Plan Review of the Dedham Zoning Bylaw. Where site plan review applies to Multi-Family Housing use in the MFHOD, the following further requirements shall apply in addition to those in § 280-9.5.
(1)
The Planning Board may enlist a peer review architect during
the site plan review process to ensure the building design of a MFHOD
project is compatible with existing community characteristics and
representative of building design best practices.
The following dimensional requirements shall govern Multi-Family Housing within the MFHOD. These requirements shall supersede any contrary or inconsistent requirements in the Zoning Bylaw including, but not limited to, the requirements set forth in Article IV. The requirements of § 280-4.4 and § 280-4.7 shall not apply to Multi-Family Housing in the MFHOD Table on following page.
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Table 11 — Multi-Family Housing Dimensional Requirements
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Minimum Lot Area
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MFHOD-1: 43,560 sq.ft.
MFHOD-2: 43,560 sq.ft.
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Minimum Lot Frontage
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MFHOD-1: 150 ft
MFHOD-2: 150 ft
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Minimum Lot Width
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MFHOD-1: 105 ft
MFHOD-2: 105 ft
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Maximum Lot Coverage
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MFHOD-1: 50%
MFHOD-2: 80%
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Maximum Floor Area Ratio
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MFHOD-1: .4
MFHOD-2: 1.0
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Minimum Front, Side, and Rear Yard Requirements
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MFHOD-1: 30 ft., 15 ft., 25 ft.
MFHOD-2: 30 ft., 15 ft., 25 ft.
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Maximum Height
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MFHOD-1: 45 ft.
MFHOD-2: 45 ft.
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Space Between Buildings
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MFHOD-1: 15 ft.
MFHOD-2: 15 ft.
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Within the MFHOD, Multi-Family Housing shall provide one off-street
(1) parking space per dwelling unit.
Within the MFHOD, Multi-Family Housing shall reasonably comply with the Parking & Loading Requirements of § 280-4.1 of the Zoning Bylaw.
Within the MFHOD, Multi-Family Housing shall reasonably comply with the Landscaping and Screening Requirements of § 280-5.2 of the Zoning Bylaw.
Within the MFHOD, Multi-Family Housing shall be subject to the
following definitions, requirements, and preferences.
A.
AFFORDABLE TO PERSONS OR FAMILIES QUALIFYING AS MODERATE INCOME
or MODERATE-INCOME HOUSEHOLDS
MULTI-FAMILY HOUSING OVERLAY DISTRICT (MFHOD) AFFORDABLE HOUSING
MULTI-FAMILY HOUSING OVERLAY DISTRICT (MFHOD) PROJECT
Definitions. The following definitions shall apply in this § 280-14.11:
Shall mean affordable to persons in the Dedham area under
the applicable guidelines of the Commonwealth's Department of
Housing and Community Development not earning more than 80% of the
AMI, adjusted for household size.
Shall mean housing affordable to moderate income households,
as defined below.
A Multi-Family Housing Project developed under § 280-14.
B.
Requirements. The following requirements shall apply in this § 280-14.11:
(1)
All MFHOD Projects with rental dwelling units shall provide
10% of their units as Affordable Units for Affordable Housing.
(2)
The Affordable Units shall be constructed on the same site as
market rate units and indistinguishably interspersed throughout the
MFHOD Project. The Affordable Units shall be equal in quality, materials
and character to the base level market rate units in a development.
(3)
In determining the number of moderate-income units to be provided,
a fractional share of 0.4 or more shall be regarded as a whole unit
and a fractional share of less than 0.4 shall require no contribution
to satisfy the fractional share.
C.
Preference:
(1)
The Affordable Units may be Local Action Units developed in
compliance with and approved pursuant to the requirements for the
same as specified by Commonwealth of Massachusetts Department of Housing
and Community Development (DHCD), or successor agency, or (if approved
by the Planning Board) affordable dwelling units developed under such
additional programs adopted by the Commonwealth of Massachusetts or
its agencies. All such affordable dwelling units shall count toward
the Town of Dedham's requirements under Sections 20-23 of Chapter
40B of the General Laws of Massachusetts, and shall be listed on the
Subsidized Housing Inventory (SHI) maintained by DHCD. The developer
shall assist the Town in the preparation of any forms required.
(2)
To the extent permitted by applicable law, and after approval
by DHCD, otherwise qualified Dedham residents shall have a first opportunity
and preference for the affordable dwelling units in an Inclusionary
Project. For purposes of this requirement, "Dedham residents" shall
be defined as a current Town of Dedham resident (as established through
certification by the Dedham Town Clerk based on census, voting registration,
or other acceptable evidence), or a current employee of the Town of
Dedham or business establishment located in Dedham, or households
with children attending the Dedham Public Schools.
Where soil conditions, lot shape, topography, architectural
or structural conditions make literal compliance with the dimensional,
landscaping and/or parking of this Zoning Bylaw as they concern Multi-Family
Housing in the MFHOD impracticable or infeasible, the Planning Board
may approve a site plan showing alternative means of complying with
the objectives of the Zoning Bylaw, and may allow the use of alternative
land-scaping, buffers, or parking, provided it determines that such
alternatives to be in the public interest and not inconsistent with
the intent and purpose of the Zoning Bylaw. For any modification,
the Planning Board shall make detailed written findings of:
A.
Specific conditions that render literal compliance with the terms
of this Bylaw impracticable or infeasible.
B.
The specific alternative means of complying with the terms of this
Bylaw.
C.
An analysis of the manner in which the modification is in the public
interest and not inconsistent with the intent and purposes of this
Bylaw.
