Town of Braintree, MA Permitted Uses in Districts

(Editor's Note: The Table of Principal Uses is now located at the end of this chapter.)

Accessory uses shall be such that they do not alter the character of or impair the neighborhood. They shall be on the same lot with the principal use. (See definition, § 135-102.)

§135-603 Permitted accessory uses in residential districts.

There shall be permitted as accessory uses a garage for not more than three cars, a shed and a swimming pool. Other buildings or structures may be authorized by the special permit granting authority (SPGA).

It shall be permitted for a household to park on its driveway one registered motor vehicle per household, plus one registered motor vehicle per household resident having a valid driver's license. Each vehicle shall be 10,000 pounds gross weight or less.

The outdoor storage of one unregistered motor vehicle (not defined as junk) with a valid inspection slicker for a period not to exceed 90 days within one calendar year.

[Added 5-10-2004 ATM by Art. 38]

The storage of one of the following items registered to the address of the site on which it is stored—one camper, one recreational vehicle, or one registered boat on a trailer—and no longer than 35 feet in length, provided that said storage is not located closer than 10 feet from a front lot line and five feet from a side lot line.

[Added 5-10-2004 ATM by Art. 38]

§135-604 Uses not considered accessory in residential districts (not allowed).

[Amended 5-27-1998 ATM by Art. 40; 5-10-2004 ATM by Art. 39]

The parking or storage of more than one commercial motor vehicle registered or unregistered.

The accommodation of, or the renting of space to, more than three lodgers, boarders or paying guests.

Roadside stands.

An advertising sign, except a temporary real estate sign less than four square feet advertising the property on which it is placed.

The outdoor storage at any time of parts or bodies of motor vehicles.

The outdoor storage of "junk," as defined in § 135-102.

Common driveways are not allowed for more than two lots, except for cluster or multifamily developments.

§135-605 Accessory uses in business and commercial districts.

[Amended 5-3-1993 ATM by Art. 40; 10-29-1996 STM by Art. 20]

Exterior kiosks shall not be considered accessory uses.

Drive-through windows shall not be considered accessory uses. They shall be considered part of the principal use.

Accessory uses shall not adversely impact the flow of traffic on or off site.

Billboards shall not be considered an accessory use.

[Added 3-17-2015 by Ord. No. 14-066(5)]

§135-607 Establishment of fire districts.

To assure protection from damage by fire, the Town of Braintree is hereby divided into two fire districts. Said districts shall be superimposed over existing zones and shall be shown on Zoning Maps.

The following fire districts are hereby established:

(1)

Fire District No. 1.

(a)

North by a line from Ivory Street to Franklin Street, through Union Place and Central Avenue, westerly by Franklin Street and Washington Street to Plain Street, southerly by Plain Street to Ivory Street Extension, easterly by Ivory Street to the point of beginning.

(b)

Southerly by a line from Washington on Church Street to Conrail Tracks to Clark Street, easterly by Clark Street across Washington Street, to a point on Hollis Avenue 100 feet west of Washington Street, northerly by a line 100 feet west of and parallel to Washington Street to the point of beginning.

(c)

North by the Penn Central tracing, easterly by Smelt Brook and Weymouth line, southerly by a line 200 feet south of and parallel to Commercial Street, westerly by Peregrine Road and a line from the junction of Peregrine Road and Commercial Street to the junction of Shaw Street and the railroad.

(2)

Fire District No. 2. All areas not included in Fire District No. 1.

§135-608 Floodplain Protection District.

[Amended 5-3-2004 STM by Art. 18; 5-3-2004 STM by Art. 19; 8-14-2012 by Ord. No. 12-030R; 2-7-2023 by Order No. 22-073]

The Floodplain Management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances, or codes.

Purpose. The purpose the Floodplain Protection District is to:

(1)

Protect the health and safety of persons and property against 100-year-frequency flooding and the hazard of water inundation;

(2)

Eliminate new hazards to emergency response officials;

(3)

Control 100-year-frequency flooding and regulate the development of land and the construction of buildings and structures within the district;

(4)

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.

Definitions. For the purpose of this section, the following terms shall have the meanings indicated:

CRITICAL FACILITY

Those facilities for which even a slight chance of flooding could endanger public safety. Critical facilities include the following three categories:

(1)

Facilities such as liquefied natural gas terminals and facilities which produce and/or store highly volatile, toxic or water-reactive materials.

(2)

Hospitals, schools, nursing homes and other similar facilities where the safety of the occupants may be threatened by floodwaters.

(3)

Those facilities which if flooded would cause the loss of irreplaceable public records or cause the loss of, or disruption to, utilities or emergency services.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. [44 CFR Part 59]

FLOODWAY

The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Base Code, Chapter 2, Section 202]

FUNCTIONALLY DEPENDENT USE

A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. [44 CFR Part 59] Also [Referenced Standard ASCE 24-14]

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [44 CFR Part 59]

HISTORIC STRUCTURE

Any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: 1) by an approved state program as determined by the Secretary of the Interior or 2) directly by the Secretary of the Interior in states without approved programs. [44 CFR Part 59]

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement. [Referenced Standard ASCE 24-14]

RECREATIONAL VEHICLE

A vehicle which is:

(1)

Built on a single chassis;

(2)

400 square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. [44 CFR Part 59]

(5)

For the purpose of this definition, snowmobiles, boats, and off-the-road vehicles shall be considered recreational vehicles.

REGULATORY FLOODWAY

See "floodway."

SPECIAL FLOOD HAZARD AREA

The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2, Section 202]

START OF CONSTRUCTION

The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202]

STRUCTURE

A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [44 CFR Part 59]

SUBSTANTIAL REPAIR OF A FOUNDATION

When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR, Massachusetts State Building Code 9th Edition.

VARIANCE

A grant of relief by a community from the terms of a flood plain management regulation. [44 CFR Part 59]

VIOLATION

The failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. [44 CFR Part 59]

Definitions of flood zones.

ZONE A

An area of special flood hazard without water surface elevations determined.

ZONE A1-30 and ZONE AE

Areas of special flood hazard with water surface elevations determined.

ZONE A99

Area of special flood hazard where enough progress has been made on a protective system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. (Flood elevations may not be determined.)

ZONE AH

Areas of special flood hazards having shallow water depths and/or unpredictable flow paths between one foot and three feet, and with water surface elevations determined.

ZONE AO

Area of special flood hazards having shallow water depths and/or unpredictable flow paths between one foot and three feet. (Velocity flow may be evident; such flooding is characterized by ponding or sheet flow.)

ZONE V

Area of special flood hazards without water surface elevations determined, and with velocity, that is inundated by tidal floods (coastal high hazard area).

ZONE V1-30 and ZONE VE

Area of special flood hazards, with water surface elevations determined and with velocity, that is inundated by tidal floods (coastal high hazard area).

ZONES B, C, AND X

Areas of minimal or moderate flood hazards or areas of future-conditions flood hazard. (Zone X replaces Zones B and C on new and revised maps.)

Disclaimer. The degree of flood protection required by this chapter is considered reasonable but does not imply total flood protection.

Severability. If any section, provision, or portion of this chapter is deemed to be unconstitutional or invalid by a court, the remainder of the ordinance shall be effective.

Designation. The Town of Braintree hereby designates the position of Director of Planning and Community Development, or their designee within the Department, to be the official floodplain administrator.

Floodplain District.

(1)

The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within the Town of Braintree designated as Zone A, AE, AH, AO, A99, V, or VE on the Norfolk County Flood Insurance Rate Map (FIRM) dated July 6, 2021, issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the District shall be defined by the 1% chance base flood elevations shown on the FIRM and further defined by the Norfolk County Flood Insurance Study (FIS) report dated July 6, 2021, or most recently enacted map as amended. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning and Community Development Department (Planning Board and Conservation Commission), Department of Municipal License and Inspections, and the Department of Public Works — Engineering Division.

(2)

In the absence of Subsection G(1) above and if the SPGA determines that flooding exists the Floodplain Protection District boundary shall be 50 feet from any wetlands as defined in MGL c. 131. Wet meadows, marshes, swamps or bogs that have an area less than 1,000 square feet shall be exempt from this section.

(3)

In A Zones, in the absence of FEMA BFE data and floodway data, the Building Department will obtain, review and reasonably utilize base flood elevation and floodway data, current or projected, available from a federal, state, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A and as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.

(4)

In Zones A, A1-30, 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.

(5)

In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town of Braintree's FIRM encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(6)

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

Uses.

(1)

For the purpose of this section, the Floodplain Protection District shall be considered to be overlaid on the other zoning districts.

(2)

No permit shall be issued for the construction of a critical facility within the special flood hazard areas (SFHAs) and/or 500-year floodplain.

(3)

In the Floodplain Protection District, no building or structure shall be constructed, improved, altered or modified and no land shall be filled, excavated or otherwise changed in grade except pursuant to a special permit authorized by the SPGA. An alteration to an existing structure which does not affect flood storage or the floodway, as determined by the Planning staff, shall not require a special permit under this section as determined by the Director of Planning and Community Development or the SPGA.

(4)

All new buildings built on fill must be:

(a)

Constructed on properly designed and compacted fill (e.g., ASTM D-698 or equivalent); and

(b)

Fill extends at least five feet beyond the building walls before dropping below base flood elevation; and

(c)

The fill has appropriate protection from erosion and scour.

(5)

Alteration of sand dunes is prohibited when the alteration would increase potential flood damage.

(6)

All new construction within Zone VE must be located landward of the reach of mean high tide.

(7)

All subdivision proposals must be designed to assure that:

(a)

Such proposals minimize flood damage;

(b)

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

(c)

Adequate drainage is provided to reduce exposure to flood hazards.

(8)

When proposing subdivisions or other developments greater than 50 lots or five acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.

Application for special permit.

(1)

Each applicant for a special permit under this section shall file for a special permit in accordance with the provisions of Article V of this chapter and with any rules and regulations as may have been adopted by the SPGA. All applications for special permits shall be processed in accordance with the provisions of Article V of this chapter.

(2)

In addition to the submission requirements stipulated in Article V, the plan(s) submitted shall show:

(a)

The location dimensions and elevation, based on North American Vertical Datum (NAVD 88), of existing and proposed buildings and structures;

(b)

Existing and proposed contours at one-foot intervals of the land based on NAVD datum;

(c)

A contour delineating the 100-year-storm frequency elevation shall be distinctly designated;

(d)

Other information deemed necessary by the SPGA to indicate the complete physical characteristics of the area and the proposed construction and/or grading.

Criteria for approval. The SPGA may issue a special permit pursuant to this section provided the SPGA finds that:

(1)

All structures shall be elevated per the requirements of the most recent version of the MA State Building Code based on the Floodplain Zone designation;

(2)

The proposed construction and/or change in grade will not derogate from the intent and purpose of the Floodplain Protection District;

(3)

The proposed construction and/or change in grade will not endanger the health and safety of the public;

(4)

The proposed construction and/or change in grade shall not obstruct or divert flood flow or reduce natural storage or increase stormwater runoff to the extent of raising the base flood elevation. Written certification of such shall be provided by a registered professional engineer;

(5)

The proposed system of drainage and sewage disposal shall not cause pollution or otherwise endanger public health;

(6)

The proposed structures shall be constructed to counteract any buoyancy or water impacts;

(7)

The proposed construction shall have street or other appropriate vehicular access at least one foot above the base flood elevation.

Conditions of permit. In granting a special permit consistent with uses permitted in the district in which the site is located, The SPGA shall impose conditions designed to:

(1)

Safeguard the health and safety of occupants of the premises and of other land in and adjacent to the district;

(2)

Ensure that the requirements of all local, state and federal government agencies that will be necessary in order to carry out the proposed development in the floodplain overlay district have been met regarding, but not limited to, the following:

(a)

Placement of building or structure;

(b)

Type of foundation such as posts with blowout panels;

(c)

Elevation of floors;

(d)

Method of anchoring building to foundation;

(e)

Design of drainage system, including private sewage disposal work;

(f)

Occupancy of buildings;

(g)

Area and depth of any excavation of fill;

(h)

All floodproofing methods or proposals.

Compliance with other regulations. All development in the district including structural and nonstructural activities whether permitted by right or by special permit must be in compliance with the following (where applicable):

(1)

780 CMR

Massachusetts State Building Code

Sections of which address floodplain and costal high hazard areas

(2)

310 CMR 10.00

Wetlands Protection Regulations

MA Department of Environmental Protection

(3)

310 CMR 13.00

Inland Wetlands Restriction

MA Department of Environmental Protection

(4)

310 CMR 12.00

Coastal Wetlands Restrictions

MA Department of Environmental Protection.

(5)

310 CMR 15, Title 5

Minimum Requirements for the Subsurface Disposal of Sanitary Sewage

MA Department of Environmental Protection

(6)

Chapter 12.20

Wetlands

Braintree General Ordinance

Recreation vehicles. In A1-30, AH, AE Zones, V1-30, VE and V Zones, all recreation vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.

Watercourse alterations or relocations in riverine areas. In a riverine situation, the Town of Braintree Floodplain Administrator shall notify the following of any alteration or relocation of a watercourse:

(1)

Adjacent communities, especially upstream and downstream.

(2)

Bordering states, if affected.

(3)

NFIP State Coordinator

Massachusetts Department of Conservation and Recreation

251 Causeway Street, 8th Floor

Boston, MA 02114

(4)

NFIP Program Specialist

Federal Emergency Management Agency, Region I

99 High Street, 6th Floor

Boston, MA 02110

Variances to building code floodplain standards.

(1)

No variances as outlined in Section 135-406 of the Braintree Zoning Ordinance shall be granted from the Braintree Zoning Ordinance related to community compliance with the NFIP.

(2)

The Town of Braintree shall request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files.

(3)

The Town of Braintree shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that:

(a)

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage.

(b)

Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.

Requirement to submit new technical data. If the Town/City acquires data that changes the base flood elevation in the FEMA mapped special flood hazard areas, the Town/City will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.) Notification shall be submitted to:

FEMA Region I Risk Analysis Branch Chief

99 High Street - 6th floor

Boston, MA 02110

Massachusetts NFIP State Coordinator

MA Dept. of Conservation & Recreation

251 Causeway Street

Boston, MA 02114

§135-609 Watershed Protection District.

Purpose of district. A Watershed Protection District (WPD) is established for the following purposes:

(1)

To protect, preserve and maintain the water table and water recharge areas within the Town and potential sources of water supply for public health and safety;

(2)

To preserve and protect lakes, ponds, streams, brooks, wetlands, and other water bodies and watercourses within the district;

(3)

To protect the community from the detrimental uses of land and waters within the district; and

(4)

To conserve the watershed areas for the health, safety, welfare and enjoyment of the public.

Establishment and definition of district.

(1)

The WPD shall include all lands which comprise the catchment or drainage areas for Braintree's water supply. The district includes all areas designated on the Watershed Protection District Map for the Town of Braintree as most recently amended. Said map is hereby made part of the Town Zoning Map(s).

(2)

The WPD is an overlay district and shall be superimposed on the other districts established by this chapter. Uses not authorized in the underlying district are not authorized within the overlay district.

Permitted uses. The following uses are authorized within the WPD:

(1)

Conservation of soil, water, plants and wildlife.

(2)

Outdoor recreation, nature study, boating and fishing.

(3)

Boat docks, landings, footpaths, bicycle paths, horse paths and bridges.

(4)

Proper operation and maintenance of existing dams, splash boards and other water control, supply and conservation devices.

(5)

Residential development as authorized in the underlying districts. Said development shall have a minimum lot size of one acre and such lot shall not have more than 20% impervious surface.

(6)

Repair, maintenance and reconstruction of structures and uses lawfully existing prior to the May 1982 adoption of this section.

(a)

Preexisting dwellings in residential districts may be expanded provided said expansion is in compliance with the dimensional and density requirements for the underlying zoning district set forth in § 135-701, and provided that coverage by impervious surface does not exceed 50% total lot area.

(b)

Preexisting structures in General Business and Highway Business Zoning Districts may be expanded provided said expansion:

[1]

Is in compliance with density and dimensional requirements for the underlying zoning districts as set forth in § 135-701; and

[2]

Does not increase the amount of impervious surface by 2,000 square feet or by 10% of the existing impervious surface, whichever is less.

(7)

Farming, gardening, nursery, conservation, forestry, harvesting and grazing.

Prohibited uses. The following uses are prohibited within the Watershed Protection District:

(1)

Landfills and the storage of salt and road deicing chemicals.

(2)

Disposal of leachable solid waste other than brush.

(3)

Disposal of hazardous wastes.

(4)

Dumping of snow brought in from outside the district.

(5)

Junkyards and salvage operations.

(6)

Animal feedlots, pastures or confinement areas, the storage of manure or drainage from such activities if the site is also located within the one-hundred-year floodplain as defined by the National Flood Insurance Program.

Special permit uses. The issuance of a special permit shall be in accordance with § 135-609F, Article V, and any additional conditions the special permit granting authority (SPGA) may impose. The SPGA may allow by special permit the following uses within the WPD:

(1)

Development in a commercial district, provided that there is a minimum lot size of 43,560 square feet and that 40% open space per total area is retained;

(2)

Development in business districts, provided that there is a minimum lot size of 43,560 square feet and that a minimum of 30% open space per total lot area is retained;

(3)

The construction of dams or other water-control devices, excluding the temporary alteration of the water level for emergency or maintenance purposes and periodic cleaning;

(4)

Creating ponds or other changes in water bodies or watercourses for swimming, fishing or other recreational uses, agricultural uses or drainage improvements.

Procedures for issuance of special permit.

(1)

(2)

The SPGA may grant a special permit provided that it finds that the proposed use:

(a)

Is in harmony with the purpose and intent of this bylaw and will promote the purpose of the WPD;

(b)

Is appropriate to the natural topography, soils and other characteristics of the site to be developed;

(c)

Will not, during construction or thereafter, have an adverse impact on any water body or watercourse in the district; and

(d)

Will not adversely affect an existing or potential water supply.

§135-610 Cluster Zoning I, II, III.

Purposes. Cluster development districts are established for the following purposes:

(1)

To promote the more efficient use of land in harmony with its natural features;

(2)

To encourage the preservation of valuable open space;

(3)

To promote diverse and energy-efficient housing at a variety of costs;

(4)

To protect water bodies and water supplies, wetlands, floodplains, agricultural lands, wildlife and other natural resources;

(5)

To promote aesthetics and other amenities;

(6)

To permit greater flexibility and creative design.

Rezoning criteria.

(1)

Permitted density in a cluster zone shall be determined at the time land is rezoned and shall be based on the following:

(a)

The current zoning in adjacent areas;

(b)

The current zoning of the site being rezoned;

(c)

The suitability of the land for an increase or decrease in the intensity of development, including:

[1]

Extent of wetlands and drainage areas.

[2]

Availability of utilities, including sewer and water.

[3]

Impact on roads, on schools and/or on other public facilities.

[4]

Other overlay zoning districts which affect the area to be rezoned.

[5]

Extent of steep slopes and ledge or other topographical characteristics of the land.

Density requirements. Cluster zoning map shall permit a density of development as follows:

(a)

Cluster I Zone: one unit per 43,560 square feet of developable land.

(b)

Cluster II Zone: one unit per 25,000 square feet of developable land.

(c)

Cluster III zone: one unit per 15,000 square feet of developable land.

Developable land shall include all the land in the parcel excluding that area defined as wetlands in MGL c. 131, § 40, and floodplain areas as shown on the National Flood Insurance Program Flood Boundary and Floodway Map (as most recently amended).

Regulations. The special permit granting authority (SPGA) shall adopt regulations for carrying out its duties under this section.

Procedures for issuance of special permit.

(1)

(2)

Contents of application. Applications for cluster development shall include a plan prepared in accordance with the provisions of Article V and § 135-711 of this chapter. In addition, the applicant shall provide the following information:

(a)

The number of dwellings which could be constructed by means of a conventional development plan, considering the whole tract.

(b)

An environmental analysis of the site to include at a minimum wetlands, slopes, soil conditions, areas within the one-hundred-year flood, trees over five inches in diameter at 4.5 feet above the ground and such other natural features as the SPGA may request. A copy of the environmental impact report shall be furnished with the application if required by law.

(c)

A description of the neighborhood adjacent to the project, including the adequacy of utilities and other public facilities and the impact of the proposed development upon them.

(d)

Evaluation of the open land proposed within the development with respect to its size, shape, location, natural resource values and accessibility to the residents of both the Town and the cluster development.

(e)

Traffic report if required by Article XIV of Braintree Zoning Bylaw or by the SPGA.

(3)

Relation to Subdivision Control Act.[1] SPGA approval of a special permit shall not substitute for compliance with the Subdivision Control Act, nor obligate the Planning Board to approve any related definitive plan for subdivision, nor reduce any time periods for Board consideration under the law. However, in order to facilitate processing, the Planning Board shall, insofar as practical under existing law, act concurrently on a request for both definitive subdivision plan and special permit approval.

[1]

Editor's Note: See MGL c. 41, § 81K et seq.

Findings of the Board. In addition to the requirements specified in Article V, the Board may grant a special permit under this section only if it finds that the cluster development meets the following criteria:

(1)

It is in harmony with the general purpose of this bylaw, the requirements of MGL c. 40A, and the long-range plan(s) of the Town.

(2)

It will not have a detrimental impact on the neighborhood.

(3)

It is designed with due consideration for health and safety and is superior to conventional development in preserving open space, minimizing environmental disruption, allowing for more efficient provisions of services or allowing for greater variety in prices or types of housing.

(4)

The plan meets the requirements specified in § 135-610G, H and I.

Minimum dimensional requirements.

(1)

The minimum lot size for a cluster development shall be five acres.

(2)

A cluster development shall meet all the dimensional and density requirements as set forth in § 135-701 of this chapter.

(3)

All single-family detached dwellings within a cluster development shall have:

(a)

A minimum side yard separation between buildings of 20 feet;

(b)

A minimum rear yard separation between buildings of 40 feet;

(c)

A minimum front yard setback from the edge of pavement on accessways of 15 feet.

(4)

All multifamily two-family dwellings within a cluster development shall have:

(a)

A minimum side yard separation between buildings of 20 feet;

(b)

A minimum rear yard separation between buildings of 40 feet;

(c)

A minimum front yard setback from the edge of pavement on accessways of 15 feet.

Required open land.

(1)

At least 50% of the site, exclusive of land set aside for accessways and parking, shall be open space. At least 30% of the open space shall be suitable for passive or active recreational use.

(2)

The open space and such other facilities as may be held in common shall be conveyed to one of the following with notification to the SPGA:

(a)

To a corporation or trust comprising a homeowners' association whose membership includes the owners of individual lots or units contained in the tract.

[1]

The developer shall include in the deed to owners of individual lots or units beneficial rights in said open land. The developer shall grant a conservation restriction to the Town of Braintree over such land pursuant to MGL c. 184, §§ 31 to 33, to ensure that such land be kept in an open or natural state. This restriction shall be enforceable by the Town through its Conservation Commission in any proceeding authorized by MGL c. 184, § 33.

[2]

In addition, the developer shall be responsible for the maintenance of the common land and any other facilities to be held in common until such time as the homeowners' association assumes said responsibility. In order to ensure that the association will properly maintain the land deeded to it under this section, the developer shall record at the Norfolk Registry of Deeds a declaration of covenants and restrictions which shall provide for the following: mandatory membership in an established homeowners' association as a requirement of ownership of any lot or unit in the tract and provisions for maintenance assessments of all lots or units in order to ensure that the open land is maintained in a condition suitable for the approved uses.

(b)

To a nonprofit organization, the principal purpose of which is the conservation of said open space. The developer or charity shall grant a conservation restriction as set out in (a) above.

(c)

To the Conservation Commission of the Town for open space use. Said conveyance shall be subject to the approval of the Selectmen, with a trust clause ensuring that it be maintained as open space.

(3)

Subject to the above, the open space may be used for recreational purposes including golf courses, riding trails, tennis courts, gardens and swimming pools.

Further requirements.

(1)

No use other than residential or recreational shall be permitted in a cluster development.

(2)

Any lot shown on a plan for which a permit for cluster development has been granted shall not be further subdivided, and a notation to this effect shall be shown upon the plan.

(3)

A certificate of occupancy shall not be issued by the Building Inspector until he/she has certified to the SPGA that the premises have been built in accordance with the plan as approved by the SPGA.

(4)

The SPGA may impose conditions, safeguards, limitations on time and use.

(5)

The SPGA may grant a special permit for clustering even if the proposed development is not subject to the Subdivision Control Law.[2]

[2]

Editor's Note: See MGL c. 41, § 81K et seq.

(6)

Subsequent to granting of a special permit, the SPGA may permit relocation of lot lines within the cluster. However, any change in overall density, street layout, or open space layout will require further public hearings.

§135-611 (Reserved) [1]

[1]

Editor's Note: Former § 135-611, Commercial day care, was repealed 5-3-2004 STM by Art. 20.

§135-612 Planned unit development regulations applying to Planned Unit Development (PUD) Districts.

[Amended 5-1991 ATM by Art. 36]

Purpose. The intent of the Planned Unit Development (PUD) Districts is to provide a greater degree of flexibility for the development of large tracts of land which provide residential, commercial, and business activities on the same parcel of land in a planned, controlled environment. A PUD proposal may contain both individual building sites and common property which are developed as an integrated mixed land use unit. The purposes of the PUD bylaw are to:

(1)

Allow for greater variety and flexibility in the development of housing types.

(2)

Make housing units available to moderate-income residents who might otherwise have difficulty finding homes within the Town.

(3)

Promote the permanent preservation of open space.

(4)

Facilitate the construction and maintenance of streets, utilities and public services in a more economical and efficient manner.

(5)

Promote retail and service uses closely related to the residential sections of the PUD in a manner which blends all land uses into an aesthetically complementary whole.

Authority to grant permits. The Planning Board as special permit granting authority (SPGA) may grant a special permit for the construction of a PUD in a PUD Zoning District. A special permit granted under this section shall conform to MGL c. 40A, § 9, to § 135-502 of the Braintree Zoning Bylaw, and to any rules and regulations which the SPGA shall from time to time adopt for the purpose of carrying out its requirements under this section.

Minimum standards. To implement the intent of the PUD provision, the following criteria shall be met:

(1)

The site under review shall be located in a PUD zoning overlay district as approved by Town Meeting.

(2)

The proposed project areas shall encompass a contiguous minimum land area of three acres.

(3)

The concept plans for the property must be submitted to Town Meeting for approval prior to submission to the SPGA.

(4)

In no case shall there be less than 25% of the total land area in open space and greater than 25% lot coverage. The SPGA shall have the right, based on the individual project, to increase the above minimum standards.

(5)

Retail/service activities shall be planned and constructed in a manner architecturally similar and complementary to the residential units within the proposed development.

(6)

The site under review shall be in single or consolidated ownership at the time of application.

(7)

The PUD shall contain at a minimum two of the following uses: residential, open space, business, or commercial.

(8)

The PUD shall have a minimum frontage of 100 feet.

Submission process.

(1)

Preapplication conference. Prior to the submission of an application for a special permit under this section, the applicant shall confer with the SPGA to obtain information and guidance on the preparation of plans, surveys and other data.

(2)

Application process:

(a)

The applicant for a PUD shall submit an application for a special permit as required in § 135-502 of the Braintree Zoning Bylaw. Said application shall be acted upon in accordance with the provisions set forth in § 135-502 of the Braintree Zoning Bylaw.

(3)

Information required. An application for a PUD shall include a plan or plans which meet the following specifications and provide the following data:

(a)

All plans shall be drawn at a scale of one inch equals 40 feet by a professional engineer, registered architect or registered landscape architect.

(b)

The boundary plan shall be stamped by the registered land surveyor who shall certify the accuracy of the location of the buildings, setbacks and all other required dimensions, elevations and measurements.

(c)

PUD district boundaries, North arrow, date, scale, legend and project title, the name or names of applicants and engineer or designer.

(d)

Names of all abutters, abutting land uses, and the approximate location and width of all adjacent streets.

(e)

The location and extent of all proposed land uses including open space, the number and types of residential units, the density for each housing type, and overall project density.

(f)

All interior streets, roads, easements and their planned public or private ownership, as well as all points of access and egress from existing public rights-of-way.

(g)

Description of the manner in which any areas that are not publicly owned are to be maintained, including open space, streets, lighting and others according to the proposal.

(h)

The location of existing or proposed buildings on the lot which shall include the total square footage and dimensions of all buildings (including height), all building elevations and floor plans, and perspective renderings, which depict the materials and colors to be used.

(i)

The location of the natural features of the site, including wetlands, floodplains, slopes over 10%, soil conditions and other features requested by the SPGA or required by the regulations of the SPGA.

(j)

The overall water and sanitary sewer system with proposed points of attachment to existing systems. The proposed stormwater drainage systems and their relation to the existing systems.

(k)

The boundary lines of existing and proposed lots with areas and dimensions. The distance of existing and proposed buildings from the lot lines and the distance between buildings on the same lot.

(l)

Existing and proposed topographical lines at two-foot intervals.

(m)

The location and number of parking spaces, loading spaces, and handicapped spaces.

(n)

A landscape plan which shall include the total square feet of all landscape and recreation areas, and a depiction of materials to be used, including the quantity, size and species of all plantings.

(o)

A description of the neighborhood in which the tract lies, including utilities and other public facilities and the general impact of the proposed PUD upon them.

(p)

Deed or other recorded instrument that shows the applicant to be the owner of the land to be designated as a PUD or proof that the applicant has the site under a purchase and sales agreement.

(q)

If the development is to be phased, a description and graphic representation of the phasing of the entire proposal in terms of length of time, type and manner of units or activities completed per phase.

(r)

Evidence as required by the reviewing boards of the applicant's ability to complete the proposed PUD.

(s)

A written statement by the applicant setting forth the reason why, in his opinion, the proposal would be in the public interest and would be consistent with the Town goals and objectives.

(t)

A description of any covenants, grants of easement, or other restrictions proposed to be imposed upon the use of the land, buildings or structures, including proposed easements for public utilities.

(u)

A traffic report as required under Braintree Zoning Bylaw Article XIV.

(v)

The applicant shall provide graphic and/or narrative descriptions of the differences, if any, that would occur if the site were not to be developed with a special permit under this chapter.

Density and dimensional requirements.

(1)

A PUD shall meet the lot size, the open space, lot coverage and frontage requirements as set forth in § 135-611C of the Braintree Zoning Bylaw.

(2)

Other dimensional and density requirements, including but not limited to residential density, yard and height requirements, and parking and loading dock requirements, shall be determined by the SPGA. In no case shall there be less than 25% of the total land area in open space and greater than 25% lot coverage. In determining other dimensional and density requirements, the SPGA shall consider the following factors:

(a)

Character of development in the abutting neighborhoods.

(b)

Individual characteristics of the project and the site.

(c)

Degree of open space proposed and the quality of the open space.

(d)

The percentage of lot coverage.

(e)

The public amenities to be provided.

(f)

The amount of affordable housing to be provided.

Factors to be considered by the SPGA. The SPGA review of a PUD application shall include, but is not limited to, the following considerations:

(1)

Relationship of the PUD to the abutting neighborhoods to insure the PUD is in harmony with and does not derogate from the neighborhoods.

(2)

Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures, and traffic control.

(3)

Adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrian from vehicular traffic, walkway structures, control of intersections with vehicular traffic and pedestrian convenience.

(4)

Location, arrangement, size and design of buildings, lighting and signs.

(5)

Location, arrangement, appearance, and sufficiency of off-street parking and loading.

(6)

Adequacy, type, and arrangement of trees, shrubs and other landscaping constituting visual and/or noise-deterring buffer between adjacent land uses and adjacent land.

(7)

In the case of multiple-family dwellings, the adequacy of usable open space for playgrounds and informal recreation.

(8)

Adequacy of structures, roadways, and landscaping in areas with moderate to high susceptibility to flooding and ponding and/or erosion.

(9)

Protection of adjacent properties against noise, glare, unsightliness, or other objectionable features.

(10)

The presence of fair housing policies and a marketing plan to promote fair housing.

In a PUD overlay district, all the zoning requirements of the underlying zoning districts shall apply unless and until a special permit for a PUD has been issued by the SPGA.

§135-613 Village Zoning Overlay District.

[Added 5-7-2002 STM by Art. 12]

Definition. The Village Zoning Overlay District is a set of requirements which are superimposed on selected portions of the existing General Business Zoning District centered around the intersections of Pearl Street and Hancock Street and Washington Street in South Braintree Square and Elm Street and Washington Street in Braintree Square (as referenced on the Braintree Zoning Map).

Purpose.

	The purpose of the Village Zoning Overlay District is to regulate the quality and scale of future development in selected areas of the General Business District in order to maintain and/or create a harmonious and consistent image for the development along Washington Street and adjacent streets.
	The regulation specifically preserves the predominant scale and character of the existing development by allowing site dimensions tailored for the Village Zoning Overlay District.
	The regulation specifically provides a set of development standards which promote a collective identity and encourage visual harmony.

Applicability.

	As SPGA, the Planning Board may grant a special permit for nonresidential construction in the Village Zoning District Overlay area. The provisions of the Village Zoning Overlay District shall apply in addition to the standard application requirement of special permits of the Braintree Zoning Bylaw.
	A special permit granted under this section shall apply in accordance with MGL c. 40A, § 9 and Article V, § 135-502 of the Braintree Zoning Bylaw (site plan review), and to any rules and regulations which the SPGA shall from time to time adopt for the purpose of carrying out its requirements under this section.
	Provisions of the Braintree Zoning Bylaw and the following criteria shall apply to development within the Village Zoning District Overlay District. Where conflict exists between this section and other sections of the Braintree Zoning Bylaw, the Village Zoning Overlay District criteria shall supersede.

Permitted uses. Except as herein provided, all uses allowed, regulated, or prohibited in the underlying General Business Zoning District shall be allowed, regulated, or prohibited in the Village Zoning Overlay District.

Prohibited uses. No single use business structure of 10,000 square feet or more shall be allowed.

Dimensional requirements.

(1)

General Business District requirements.

(2)

Under this section, the SPGA may waive strict compliance with dimensions as established in § 135-701 of the Braintree Bylaw. If SPGA waives compliance with § 135-701, then the SPGA shall determine dimensions within the range established below during the public hearing process.

		GB
	Minimum lot size	5,000 to 15,000
	Lot width	25 to 50
	Minimum frontage	25 to 50
	Minimum depth	60 to 85
	Maximum setback	15
	Front yard	0 to 10
	Side yard	0 to 10
	Rear yard	20
	Maximum height	45/50*
	Maximum stories	3
	Maximum building coverage	80%
	Maximum lot coverage	90%
	Minimum open space	10%

	* In business districts, the height limitation is 50 feet for habitable buildings and 45 feet for nonhabitable buildings.
	GB = General Business

(3)

No building shall be located more than 15 feet from the front property line.

(4)

Front yard setbacks may be zero to 10 feet (General Business) if the proposed structure is located in such away that it could form a consistent building line or street wall line* in relation to directly abutting properties within the Village Zoning Overlay District.

(5)

If a structure is located in such a way that it could form a street wall in the Village Zoning Overlay District, then the lot line adjoining other street wall properties may be zero. This provision may apply in all cases except for structures located adjacent to public open space or driveways.

* "Street wall line" defined: The main wall of a structure or set of structures that is closest to and most nearly parallel with an adjacent street.

Submission requirements. Submission requirement shall be the same as required under Article V, Article VIII, and Article XIV of the Braintree Zoning Bylaw.

Criteria for the Village Zoning Overlay District.

(1)

Parking regulation. (See § 135-815.)

(2)

Sign regulation. (See § 135-904.6, Sign Regulations.)

(3)

General provisions.

(a)

Buildings within the General Business District shall provide pedestrian entrances that open to the front sidewalk and may provide other entrances to the side or rear.

(b)

For all nonresidential and noninstitutional uses, a minimum of 60% of the first floor level frontage shall be transparent. Additionally, building facades must contain street level windows and main entrances from the sidewalk. The street side facade of a building shall not consist of an unarticulated blank wall or an unbroken series of garage doors.

(c)

Applicants who wish to build a structure or rehabilitate an existing structure shall select materials and textures which are compatible with and complementary to neighboring buildings. For this reason, the SPGA shall reserve the right to require an elevation view illustration of the proposed improvement.

(d)

New curb cuts on existing public ways shall be minimized. To the extent feasible, access to businesses shall be provided via one of the following methods:

[1]

Through a common driveway serving adjacent lots of premises; or

[2]

Through an existing side or rear street.

(e)

Refuse containers, heating-ventilation-air conditioning, transformers, lift stations, utility meters, shall be located on the side or at the rear of the principal structure. The record plan or landscaping plan shall include provisions for these items. Screening, to the extent possible, shall be accomplished through:

[1]

Landscaping; and

[2]

Materials integrating the design, material type, and colors of the existing building with the screening structure.

If roof-mounted mechanical equipment is used, such equipment shall be screened from public view on all sides.

(f)

Access to buildings through rear entrances from parking lots is encouraged. The rear facade shall receive appropriate design treatment.

(g)

Buffering elements in the form of plantings, walls, fences, screens, and other designed or natural features that provide a logical transition to adjoining existing or permitted uses shall be provided by the applicant.

(h)

In order to maintain consistency in front setbacks, rhythm, and scale, the SPGA shall reserve the right to require revised plans for building setback, spacing, and building width.

§135-614 Conversion of convalescent home or nursing home.

[Added 5-10-2006 ATM by Art. 38]

Applicability. As authorized in § 135-601, Table of Principal Uses, an existing convalescent home or nursing home use may be changed to an apartment house/two-family use provided the following conditions are met:

A convalescent home or nursing home was in operation on the site for a minimum of 10 years immediately preceding the date of application for conversion.

The convalescent home or nursing home was vacant for at least one year immediately preceding the date of application for conversion.

The structures housing or being used in support of the convalescent home or nursing home use were not enlarged during the ten-year period immediately preceding the date of application for conversion.

The site [lot(s)] containing convalescent home or nursing home use has not been enlarged during the ten-year period immediately preceding the date of application for conversion.

The building or buildings which contained the convalescent home or nursing home were in existence as of May 10, 2006.

Affordable units. The conversion of the convalescent home or nursing home shall provide the minimum required percent of the residential units created for low- and moderate-income housing as defined by the Massachusetts Department of Housing and Community Development (DHCD). Said units shall be created through the Local Initiative Program (LIP) 760 CMR 45.00 as amended and administered by DHCD.

Density standards. In granting a special permit the SPGA shall specifically find that the number of residential units to be created through the conversion can be accommodated on site. The density standards set under § 135-705 shall not apply to a conversion of convalescent home or nursing home.

Criteria for granting a special permit. The SPGA shall assure that the following criteria are met:

The size of the site [lot(s)] on which the convalescent home or nursing home is currently located shall not be enlarged for the proposed conversion.

There shall be no expansion of the structures housing or being used in support of the convalescent home or nursing home except for cosmetic alterations such as construction of a foyer. No living space shall be expanded.

Off-street parking shall be provided as required by Braintree Zoning Bylaw § 135-806.

The proposed conversion shall not generate more than 50 vehicle trips for any peak hour.

Adequate screening between the site and abutting properties shall be provided.

§135-615-01 Braintree-Weymouth Landing District.

[Added 1-8-2011 by Ord. No. 10-067]

The Town of Braintree shall have a designated Braintree-Weymouth Landing District (BWLD) as established pursuant to § 135-301 (Districts established) described herein and as shown on the Braintree Zoning Map dated January 8, 2011, as revised and amended to date on file in the office of Town Clerk.

§135-615-02 Purpose.

[Added 1-8-2011 by Ord. No. 10-067]

The purpose of the Braintree-Weymouth Landing District (BWLD) is to establish a specific zoning district for the unique needs of a small mixed-use commercial area that spans two municipalities. The BWLD shall establish reasonable standards in accordance with the following purpose and intent:

Encourage an appropriate density of land uses for commercial, governmental, institution, and residential uses to support a vibrant village center to benefit and utilize the existing commuter rail station and public surface transportation.

Create a friendly multimodal transportation environment so that commercial enterprises and consumer services do not rely solely on automobile traffic to bring consumers and employees into the area.

Promote mixed-use and compact development within a single structure both vertically and horizontally that maintains the visual character and architectural scale of development within the district.

Encourage the re-use and upgrade of existing properties with efforts to promote more efficient and economical parking facilities to complement existing and new development within the district.

Encourage mixed uses that promote small business establishments and local job creation that complement the needs of the surrounding residential neighborhoods and the general population of the Town of Braintree and the Town of Weymouth.

Provide a range of housing options for people of different stages of life, income levels and work/live options.

Promote an active and publicly accessible waterfront.

§135-615-03 Applicability.

[Added 1-8-2011 by Ord. No. 10-067]

Land located within the Braintree-Weymouth Landing District (BWLD) as designated on the official Town Zoning Map shall be subject to the provisions of §§ 135-615-01 through 135-615-14 relative to all new development, demolition, substantial improvement and/or exterior renovation.

The following sections of the Zoning Ordinance are not applicable to properties located within the Braintree-Weymouth District (BWLD), unless otherwise specified within §§ 135-615-01 through 135-615-14.

Zoning Ordinance § 135-203 (See § 135-615-09)

Zoning Ordinance § 135-605

Zoning Ordinance §§ 135-701, 135-702, 135-705, 135-707, 135-708, 135-710, 135-711

Zoning Ordinance §§ 135-802, 135-803, 135-804, 135-807, 135-808, 135-809, 135-812, 135-814

Zoning Ordinance §§ 135-905, 135-907, 135-908A

Zoning Ordinance § 135-1001

Zoning Ordinance § 135-1403

§135-615-04 Uses (permitted by right, special permit or prohibited) within Braintree-Weymouth Landing District.

[Added 1-8-2011 by Ord. No. 10-067]

Pursuant to the provisions of the Zoning Ordinances, § 601 (Table of Principal Uses) describes those uses allowed by right, special permit or that are not allowed/prohibited. (See table.)

See Article V of Zoning Ordinances, Special Permits, for procedures, provisions and guidelines for submission of a special permit application. The special permit granting authority may, where deemed necessary, require a traffic study be prepared for issuance of a use special permit.

Site plan review pursuant to Zoning Ordinance § 135-711 is not applicable to properties located in the Braintree-Weymouth Landing District; rather, development in this district is pursuant to administrative site plan review as defined under § 135-615-09 of this Zoning Ordinance.

§135-615-05 Density and dimensional requirements.

[Added 1-8-2011 by Ord. No. 10-067]

The required minimum lot size for lots created after January 8, 2011, in the Braintree-Weymouth Landing District (BWLD) is 5,000 square feet.

The following density and dimensional requirements apply to all new development and/or substantial improvement of an existing structure within the BWLD District:

Table 1 - Building Setbacks/Density and Dimensional
	Front (Min-Max) (feet)	Side	Rear (feet)	Lot coverage (Min - Max Lot)
BWLD	0 - 10	---	0 - 15	80% - 90%
BWLD Special Permit	10 - 25	---	---	100%
NOTE	(1)	(3)(4)	(2)(3)	(5)

"---" indicates no dimensional requirement applies

NOTES:
(1)	Landscaping, pedestrian walkways, seasonal outdoor dining areas and five feet of a deck or balcony may be located within any building setback area. Parking is prohibited within the front building setback.
(2)	A fifteen-foot minimum rear buffer setback (see § 135-702B of the Zoning Ordinance) applies only where a parcel and/or lot abuts a residential zoning district.
(3)	A fifteen-foot minimum waterway zoning setback is measured from the top of the bank as delineated by the Conservation Commission for the Monatiquot River and estuarine segment of Smelt Run (north of the MBTA tracks) area only.
(4)	An eight-foot minimum to fifteen-foot maximum side setback from the corporate municipal boundary applies only in the Landing Center east of Commercial Street. Parking is prohibited within a side building setback of the municipal corporate line.
(5)	Impervious land area is defined as land use alteration that prevents the natural infiltration of water into the soil. Examples of common impervious surfaces include, but are not limited to, paved area, walkways, and patios in addition to building footprint.

Table 2 - Additional Density and Dimensional Requirements
	Story Height(Max) (feet)	Highest Floor Height Max Above Ground (feet)	Roof Height (Max) (feet)	Residential Units (Max) (acre)	Street Wall Transparency First Floor (Min)
BWLD	2.5	30	40	19	60%
BWLD Special Permit	4	45	54	---	---
NOTES	(9)

(9)	The maximum height is measured in both stories and feet.
	a.	The building height is measured as the vertical distance of the highest point of the roof beam in the case of a flat roof and of the mean level of the highest gable of a sloping roof as measured from the mean ground level at all elevations of a building.
	b.	A half story is a finished living floor which is contained wholly or predominantly within the roof of a structure and is subject to the regulations of the local Building Code.
	c.	Towers, widow's walks, cupolas, and other similar building features may extend one story above the normal height limits.

§135-615-06 General requirements.

[Added 1-8-2011 by Ord. No. 10-067]

Vehicle drive-through windows, in conjunction with any use, is prohibited in those portions the Braintree-Weymouth Landing District located in the Town of Braintree.

The ground floor of a multi-use building shall have both front and rear facades occupied by business uses only.

Buildings must have a primary entrance door facing a public sidewalk (entrances at building corners are acceptable). Building entrances may include doors to individual businesses, lobby entrances, entrances to pedestrian-oriented plazas or courtyards servicing clusters of businesses.

Underground utility lines are required for new and substantially approved buildings unless applicants can demonstrate a physical restriction or installation will be blocked by existing underground obstructions.

All external units for heating, cooling, etc., mechanical units shall be located in a screened structure on rooftops.

All refuse disposal (dumpsters, etc.) shall be located in an enclosure and/or with a locked top; no outdoor refuse storage will be permitted unless in an enclosure.

Appropriate landscaping and design shall be incorporated into new and expanded development within the BWLD. Landscaped design plans shall be prepared by a landscape architect for all special permit applications. For administrative site plan reviews, the Planning Director may at their discretion accept a plan prepared by someone other than a landscape architect if said plan shows the type, size and location of all proposed plantings. Side yards between structures less than 10 feet apart shall be screened from public view by a solid fence or tight landscaping not less than five feet in height. Chain link fences are not permissible. Side yards between structures greater than 10 feet apart shall be landscaped appropriately.

§135-615-07 Uses and structures subject to special permit requirements.

[Added 1-8-2011 by Ord. No. 10-067]

Pursuant to the provisions of § 135-601 (Table of Principal Uses) of the Zoning Ordinances, special permit uses identified in the Braintree-Weymouth Landing District (BWLD) shall only be permitted by a special permit issued by the Braintree Planning Board (special permit granting authority) in accordance with the procedure identified under § 135-503 (Special permit procedures) of the Zoning Ordinances.

§135-615-08 Special permit for design, development and parking.

[Added 1-8-2011 by Ord. No. 10-067]

In addition to a use specified in § 135-615-04, the special permit granting authority may also consider issuance of a special permit in the Braintree-Weymouth Landing District for the following:

The Planning Board may issue a special permit for development rights over and above those allowed by the base density and dimensional requirements of § 135-615-05, Tables 1 and 2, based on the extent to which the development satisfies the following criteria:

Provision of a publicly accessible waterfront walkway with direct connections to adjacent sidewalks and existing or potential walkways on adjacent properties. Publicly accessible walkways and open space shall be defined as those which, whenever possible, shall be accessible to and usable by the general public during daylight hours without undue restriction.

Provision of up to 100% of the lot area as publicly accessible open space. Open space shall be designed as an integral part of any development and shall enhance the development and the area in which the development is located. Open space may include pedestrian walkways and recreational open space open to the public. Open space shall not include paved streets, sidewalks abutting streets, parking areas or recreational open space not open to the public.

Preservation and reuse of historic buildings on the site.

The Planning Board may issue a special permit for relief from parking requirements set forth in § 135-615-12.

§135-615-09 Administrative site plan review only in Braintree-Weymouth Landing District (BWLD).

[Added 1-8-2011 by Ord. No. 10-067]

Site plan review pursuant to the Zoning Ordinances shall not apply to property located within the Braintree-Weymouth Landing District; rather, site plan review within the BWLD District shall be accomplished by administrative site plan as follows:

The following activities in the Braintree-Weymouth Landing District shall be subject to administrative site plan review, whether they occur in conjunction with new development, or whether occurring in conjunction with continuation of an existing use:

Any new construction or exterior alterations requiring a building permit, excluding replacement of existing roofing with similar materials.

Any signage, including new or altered existing signs and awnings.

Freestanding ground lighting.

Fencing of any height.

New curb cuts or relocation of an existing curb cut that does not require a special permit.

New paving for two or more vehicles.

Creation of outdoor seating and dining areas for existing restaurants.

Site plan review for those properties located within the Town of Braintree jurisdiction and in the Braintree-Weymouth Landing District shall be conducted administratively by the Braintree Director of Planning and Community Development Department in accordance with following:

The memo of understanding between the Towns of Braintree and Weymouth signed by both Mayors and dated March 25, 2010.

The Director of Planning and Community Development shall be responsible for approving and/or conditionally approving a site plan, based on its consistency with the provisions of the Braintree-Weymouth Landing District, other official plans for the district and surrounding areas, and the Town's design guidelines. Applicants that do not provide required information as to any site plan review request may be disapproved by the Director for lack of sufficient information to render an administrative decision.

The Director of Planning and Community Development is given authority pursuant to this section of the Zoning Ordinances to develop regulations for the processing of administrative site plan review.

The Director may choose to send any request for site plan review, pursuant to this section, for action by the Planning Board within 45 days of receipt, if he/she determines a public meeting is necessary under the provision of §§ 135-615-01 through 135-615-14.

§135-615-10 Parking requirements of the Braintree-Weymouth Landing District.

[Added 1-8-2011 by Ord. No. 10-067]

The following uses identified in § 135-601 of the Braintree Zoning Ordinance, for the Braintree-Weymouth Landing District, shall comply with required parking under § 135-806 of the Zoning Ordinances. Except for those uses specifically identified below that will be located within 1,000 feet of the East Braintree/Weymouth commuter rail station and a municipal parking lot, parking requirements are permissible by the following requirements:

	Residential uses above first floor only: 0.8 spaces per unit
	Retail uses: 1 space per 500 GSF (retail uses less than or equal to 30,000 GSF)
	Professional and business office: 1.7 spaces per 1,000 GSF
	Restaurant: 1 space per 6 seats

Administrative site plan review is required for new paving for two or more vehicles (see § 135-615-09).

§135-615-11 Site access, parking and bicycle requirements of the Braintree-Weymouth Landing District.

[Added 1-8-2011 by Ord. No. 10-067]

The following criteria are included to ensure that new and redesigned site access is constructed in accordance with the BWLD character and the provisions of §§ 135-615-01 through 135-615-14.

New curb cuts on existing public ways shall be minimized. To the extent feasible, access to businesses shall be provided through one of the following methods: either through a common driveway serving adjacent lots/premises or through an existing side or rear street, thus avoiding the principal thoroughfare. Garage doors or loading docks on the front facade are prohibited.

Proposed curb cuts within 200 feet of intersections are subject to administrative site plan review.

Proposed curb cuts greater than 30 feet in width and driveway openings greater than 20 feet in width are subject to administrative site plan review. Full-width curb cuts are prohibited.

The following criteria are included to ensure that new and redesigned off-street parking areas are constructed in accordance with the BWLD character and the provisions of §§ 135-615-01 through 135-615-14.

Parking and bicycle requirements:

Parking areas shall be located to the side and rear of the structure. Parking areas shall be designed such that parking is prohibited within the required front yard setback.

Full-size parking spaces (See Figure 1 at the end of the Zoning Ordinances). Each full-size parking space shall be a minimum of 8.5 feet in width and 18 feet in length. Handicap parking spaces shall be designed and laid out as required by 521 CMR or any successive regulations.

Driveways shall be located so as to minimize conflict with traffic on public streets and to maintain good visibility and sight distance.

Parking areas shall include provisions for the "parking" of bicycles in bicycle racks in locations that are safely segregated from automobile traffic and parking. For parking areas of 10 or more spaces, bicycle racks facilitating locking shall be provided to accommodate one bicycle per 20 parking spaces or fraction thereof.

Where possible, parking areas shall be interconnected in a manner that allows the unobstructed flow of pedestrians between businesses and the parking areas.

Large parking areas (e.g., greater than 20 parking spaces) shall be separated by landscaped islands of eight feet to 10 feet in width or in the alternative shall devote at least 5% of the interior of the parking lot to landscaping. In addition, a minimum of one shade tree shall be planted for every six parking spaces required or built, within appropriate locations on the lot(s). The plan shall show the location of plantings, including use of plantings to buffer neighboring properties, and along the street frontage and pedestrian ways. Trees planted within parking areas shall be planted in protected pervious plots of at least 60 square feet of area.

Provision for safe and convenient pedestrian access shall be incorporated into plans for new construction of buildings and parking areas and should be designed in concert with landscaping plans noted below. New construction should improve pedestrian access to buildings, sidewalks and parking areas and should be completed with consideration of pedestrian safety, handicapped access and visual quality. Where appropriate, applicants are encouraged to provide pedestrian and/or bicycle paths connecting their site with abutting areas in order to promote pedestrian and bicycle circulation and safety in the district. When parking is located in the rear, pedestrian access via a pedestrian-oriented alley or walkway through to the primary street is encouraged.

§135-615-12 Special permit - parking reduction.

[Added 1-8-2011 by Ord. No. 10-067]

Reductions in "off-street" parking may be eligible for issuance of a special permit and considered waived when applicants can demonstrate options described as follows to the special permit granting authority:

Shared parking agreements within the Braintree-Weymouth Landing District with other landowners/businesses for peak and non-peak demand hours.

Shared access between properties.

Shared or co-location for refuse facilities of multi-businesses.

Financial commuter incentives for employees to use public transit and bus systems.

Accommodations for bike parking and users beyond the installation of a simple bike rack.

Provide parking accommodations for small motorized nonvehicle modes of transportation such as motorcycles, scooters, mopeds, etc.

Any other transportation demand management (TDM) alternative or option proposed by an applicant and reviewed/recommended by the Planning and Community Development Director.

§135-615-13 Signage and advertising devices within the Braintree-Weymouth Landing District.

[Added 1-8-2011 by Ord. No. 10-067]

(1)

For purposes of the Braintree-Weymouth Landing District the following definitions shall be applicable in reference to external advertising devices regulated by §§ 135-615-01 through 135-615-14:

AWNING

A retractable type structure of flexible material (canvas) on a frame attached to the facade of a building and projecting therefrom as a protection against sun or rain.

AWNING SIGN AREA

The area encompassed by any wording, logo, or design distinct from the awning background color. Awning signs are measured and included within the allowances for parallel wall signs.

SIGN

An advertising device that includes any lettering, word, numeral design, emblem, device, trademark, picture, pennant, flag, streamer, banner, or other object or method of construction used to indicate, direct, announce, advertise, attract or promote.

(2)

Permissible signage types within the Braintree-Weymouth Landing District allow for use of only the following:

	Wall sign
	Awnings
	Projecting sign
	Multi-tenant sign

Applicants are encouraged to review the Braintree-Weymouth Landing District design guidelines before submitting a sign application or displaying other means of advertising devices. In the BWLD, signage is subject to administrative site plan review pursuant to § 135-615-09.

(a)

Wall sign. Each place of business shall be allowed one permanent wall sign parallel to the exterior building facade, projecting not more than 12 inches from said wall and having an aggregate area of two square feet for each horizontal foot of building frontage of said business, provided that the area of said sign shall not exceed 20 square feet. Businesses located over the first floor shall not exceed 20 square feet as well. If such business establishment has more than one public entrance, a secondary sign may be affixed to the building side having a public entrance.

(b)

Awnings. Awnings are permissible only at street level and are considered signage if writing and/or a logo are located on the awning. For purposes of this bylaw awnings utilized for advertising shall be considered a wall sign subject to the requirements of a wall sign. Applicants shall consult the BWLD design guidelines for guidance on the preferred material, coloring and dimensional requirements.

(c)

Projecting sign. Each lot shall be allowed one projecting sign, mounted to the front building line, provided that the foremost building on the lot is set back from the front lot no greater than 10 feet, subject to the following criteria:

(1)

The sign shall have the bottommost edge no lower than 10 feet above grade, nor more than 12 feet above grade; the uppermost edge of the sign shall be no greater than 20 feet above grade or below the roofline, whichever is lower in height; the sign shall project no more than 4.5 feet from the front building line.

(2)

The sign area shall not exceed 15 square feet per side with a total surface area of all sides not exceeding 30 square feet.

(3)

Projecting signs over public property shall be subject to administrative site plan review as well in accordance with the following conditions.

(a)

A projecting sign shall only be placed over a public sidewalk or walkway, and in no case shall a projecting sign extend over any portion of a vehicular travel lane.

(d)

Multi-tenant directory sign. Multi-tenant and/or directory wall signs shall be located at the entrance to a multi-tenant building, affixed to the exterior wall of the building, not exceeding a height of nine feet above finished grade. Said sign shall include the building street address and provide one square foot of area for each tenant listed in an orderly and legible manner. Said signs shall be constructed with provisions to allow for changes in occupancy without reconstruction of the entire sign.

(3)

General provisions:

Sign material shall be in accordance with the provisions of the design guidelines set forth for the Braintree-Weymouth Landing District.

The source of illumination for any sign shall be a white, steady, stationary light of reasonable intensity, shielded and directed solely at the sign, or a white interior light underneath the sign. Neon tubing or similar devices are prohibited. Illumination of signage is also permissible by outdoor lighting attached to said building in accordance with approved with the BWLD design guidelines. Lighting shall be steady, stationary, shielded and of an appropriate location and intensity. Any projecting lights used for illumination shall be so arranged to reflect light away from any adjoining residential district or public way.

Roof signs and marquee signage are prohibited within the Braintree-Weymouth Landing District.

Window signs shall not occupy more than 25% of the total area of the window in which they are displayed.

Moving, changing electronic digital signs are prohibited within the Braintree-Weymouth Landing District.

Existing electronic signs lawfully in existence prior to January 8, 2011, are not grandfathered for conversion to another form of electronic technology.

Placement of temporary signage on sidewalks and public areas is prohibited.

Off-premises commercial signs (including rooftop and billboard signs) are prohibited from any location within the Braintree-Weymouth Landing District.

§135-615-14 Separation.

[Added 1-8-2011 by Ord. No. 10-067]

Should any provision of §§ 135-615-01 through 135-615-14 be declared to be invalid, said provision shall not invalidate any other provision of §§ 135-615-01 through 135-615-14.

§135-616 MBTA Communities Multi-Family Overlay Districts (MCMOD).

[Added 12-19-2023 by Order No. 23-076(2)]

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

(1)

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 wide variety of housing needs and income levels;

(2)

Locate housing within walking distance of public transit and village centers to promote public and social health, reduce the number of vehicular miles travelled, support economic development, and meet community-based environmental goals, including reducing greenhouse gases and improving air quality.

(3)

Preserve open space in a community by locating new housing within or adjacent to existing developed areas and infrastructure.

(4)

Increase the municipal tax base through private investment in new residential developments.

Establishment and applicability. This MCMOD overlay district consists of four sub-districts, that are superimposed over the underlying zoning district(s) and are shown on the Zoning Map.

(1)

Applicability of MCMOD. All multifamily dwelling/housing and mixed-use developments within an MCMOD Sub-District shall be built in accordance with the provisions of Section 135-616.

(2)

Underlying zoning.

(a)

The MCMOD Sub-Districts are overlay districts superimposed on underlying zoning districts. The regulations for use, dimension, and all other provisions of the Zoning Ordinance governing the respective underlying zoning district(s) shall remain in full force, unless and when a development consists of multifamily dwelling/housing uses allowed by right or mixed-use development allowed by right or by special permit in the MCMOD overlay districts.

(b)

Uses that are not identified in Section 135-616D are not allowed within developments utilizing the MCMOD Zoning.

(3)

Exclusions. Non-applicable sections of the Zoning Ordinance. In order to comply with the requirements and guidelines for MGL c. 40A, § 3A, as most recently amended, the following sections of the Zoning Ordinance do not apply to any multifamily dwelling/housing uses allowed by right or mixed-use development allowed by right or by special permit in the MCMOD overlay districts.

Section 135-504

Section 135-601

Section 135-603

Section 135-605

Section 135-609

Section 135-610

Section 135-612

Section 135-613

Section 135-614

Section 135-615

Section 135-701 (only the table not the notes)

Section 135-705

Section 135-710

Section 135-804B

Section 135-815

Section 135-910

Article X

Article XIII

Definitions. For purposes of this Section 135-616, the following definitions shall apply. Please refer to Section 135-102 for other definitions of terms already defined within the Zoning Ordinance.

AFFORDABLE HOUSING

A structure that contains affordable units as defined by Section 135-616G.

AFFORDABLE HOUSING UNIT

A dwelling unit that is affordable to and occupied by an eligible household and meets all requirements for inclusion on the Massachusetts Executive Office of Housing and Livable Communities Subsidized Housing Inventory (SHI). Affordable units shall remain as affordable units in perpetuity or for the maximum period allowed by law. Such units shall have the same construction methods and exterior physical characteristics as, and be intermingled with, other units in the development.

AREA MEDIAN INCOME (AMI)

The median family income for the metropolitan statistical region that includes the Town of Braintree as defined by the U.S. Department of Housing and Urban development (HUD).

BY RIGHT USE

Development/use 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.

COMMUTER RAIL STATION

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

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.

DEVELOPMENT STANDARDS

Provisions of Subsection H, General development standards, that are applicable to all multifamily dwelling/housing uses allowed by right or mixed-use development allowed by right or by special permit in the MCMOD overlay districts.

EOHLC

The Massachusetts Executive Office of Housing and Livable Communities, DHCD's successor agency.

FERRY TERMINAL

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

MBTA

Massachusetts Bay Transportation Authority.

MIXED-USE DEVELOPMENT

A development containing vertical or horizontal mix of multifamily dwelling/housing residential uses and nonresidential uses, including institutional, recreational, commercial, and business as contained within the Section 135-616D, within a single building or in separate buildings.

MULTIFAMILY DWELLING/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.

MULTI-FAMILY ZONING DISTRICT

A zoning district, either a base district or an overlay district, in which multifamily housing is allowed as of right.

SECTION 3A

Section 3A of the Zoning Act (MGL Chapter 40A).

SITE PLAN REVIEW AUTHORITY

Braintree Planning Board.

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.

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 MGL Chapter 40B, the Comprehensive Permit Law.[1]

SUBWAY STATION

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

TRANSIT STATION

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

[1]

Editor's Note: See MGL c. 40B, §§ 20 through 23.

Permitted Uses - Table of Principal and Accessory Uses.

Principal Uses	MBTA 1 Red Line North	MBTA 2 Red Line South	MBTA 3 Red Line Village	MBTA 4 Greenbush BWLD
Residential Uses
Multifamily dwelling/housing	Y	Y	Y	Y
Mixed-use development (Note 1)	Y	Y	SP	Y
Institutional Uses
Community center	Y	Y	Y	Y
Congregate living facility	Y	Y	N	N
Municipal public park	Y	Y	Y	Y
School	Y	Y	Y	Y
Museum	Y	Y	N	Y
Recreational Uses
Boathouse marina	N	N	N	Y
Club of lodge	Y	Y	N	Y
Business Uses
Amusement or assembly, place of	SP	SP	N	SP
Animal clinic or hospital	Y	Y	N	SP
Animal retail and animal grooming service <15,000 sq. ft.	Y	Y	N	Y
Animal retail and animal grooming service >15,000 sq. ft.	Y	Y	N	N
Full-service animal establishment	SP	SP	N	N
Bank	Y	Y	N	Y
Body art establishment	N	N	N	SP
Business/professional offices	Y	Y	Y	Y
Catering service	Y	Y	N	Y
Commercial recreation	SP	SP	N	SP
Day care, commercial	Y	Y	Y	Y
Fast-food establishments w drive-through	Y	Y	N	N
Fast-food establishments w/o drive-through	Y	Y	Y	Y
Hotel or motel	Y	Y	N	SP
Drive-through for any other nonfood use	SP	SP	N	N
Freestanding, exterior kiosks	Y	Y	N	N
Medical center/clinic	Y	Y	N	SP
Office park	SP	SP	N	N
Restaurant	Y	Y	Y	Y
Retail store(s)/service(s) (< 15,000 sq. ft.)	Y	Y	Y	Y
Retail store(s)/service(s) (>15,000 sq. ft.)	Y	Y	N	SP
Shopping center	Y	Y	N	N
Function/conference facility	SP	SP	N	SP
Brewery with tap room	Y	Y	SP	SP
Commercial
Research facility	Y	Y	N	SP
Light manufacturing	SP	SP	N	N

Permitted Uses

Y = By-Right

SP = Special Permit

N = Not Allowed

Note (1): mixed-use development. All mixed-use development shall comply with the definition in Section 135-616C. In order for a mixed-use development to be by right, all of the uses proposed in the mixed-use development must also be by right as noted in the Use table in this section. If a mixed-use development contains use(s) that require a special permit, the special permit is only applicable to the non-residential use. See Zoning Bylaw Ordinance Section 135-503 for special permit procedures and criteria.

Accessory Uses	MBTA 1 Red Line North	MBTA 2 Red Line South	MBTA 3 Red Line Village	MBTA 4 Greenbush BWLD
Swimming pool	Y	Y	Y	Y
Shed (maximize size 300 sq. ft.)	Y	Y	Y	Y
Storage of an unregistered vehicle	N	N	N	N
Structured parking	Y	Y	Y	Y
Exterior storage of recreational vehicle, boat or camper	N	N	N	N
Separate storage/garage building maintenance (maximum size 1,000 sq. ft.)	Y	Y	N	N
Dumpster enclosure	Y	Y	Y	Y
Exterior storage on any kind	N	N	N	N
Surface parking spaces	Y	Y	Y	Y
Playground	Y	Y	Y	Y
Building-mounted solar panels	Y	Y	Y	Y
Ground-mounted HVAC or similar utility units	Y	Y	N	N
Ground-mounted solar panels	Y	Y	N	N

Dimensional standards.

(1)

Notwithstanding anything to the contrary in this Zoning Ordinance, the dimensional requirements applicable in the MCMOD Sub-Districts are as follows:

Dimensional Criteria	MBTA 1 Red Line North	MBTA 2 Red Line South	MBTA 3 Red Line Village	MBTA 4 Greenbush BWLD
Minimum lot size	25,000 sq. ft.	25,000 sq. ft.	5,000 sq. ft.	5,000 sq. ft.
Frontage	100 Ft.	100 Ft.	50 Ft.	50 Ft.
*Building height (stories)	4	4	4	5
*Building height (feet)	50	50	50	60
Building coverage	60%	60%	70%	70%
Lot coverage	70%	70%	80%	80%
Open space	30%	30%	20%	20%
Open space per unit	500 sq. ft.	500 sq. ft.	150 sq. ft.	150 sq. ft.
Front yard setback	30 Ft.	30 Ft.	5 Ft.	5 Ft.
Rear yard setback	20 Ft.	20 Ft.	5 Ft.	5 Ft.
Side yard setback	20 Ft.	20 Ft.	5 Ft.	5 Ft.
Dwelling units per acre maximum	30	30	35	40
*Maximum number of units per lot	325	325	150	150

Dimensional Table Notes:
1.	All mixed-use developments in the MCMOD Sub-Districts have no limitations on the number of accessory or principal buildings on a lot.
2.	In multifamily dwelling/housing developments the Planning Board has the authority as part of the site plan review process to limit accessory uses and structures.
3.	Parking garages must be vertically integrated into a building or surrounded by other non-parking uses on all sides.
4.	All exceptions in the Section 135-701 notes shall apply to the dimensional criteria in Section 135-616E, except for accessory structures and accessory uses, which shall be set back the same distance from any lot line as the principal structures.
5.	No use of any portion of a lot's front yard/land area within the required setback, in front of the principal dwelling(s) on the lot shall be used for surface or structured parking.
6.	In accordance with the requirements in Section 135-702, any portion of a lot within the MBTA 1 Redline North and MBTA 2 Redline South MCMOD subdistricts that are within the vicinity of a Residence A or B Zone line shall be required to have 100-foot buffer for all principal buildings as measured from the Zoning District Boundary with the MCMOD Overlay and a fifty-foot buffer for any accessory use, site improvement, structure or buildings as measured from the Zoning District Boundary with the MCMOD Overlay. The fifty-foot buffer shall be left in a nature state is undisturbed or restored to landscape/open space in accordance with the provisions of Section 135-702.
7.	Renewable Energy Installations: The Planning Board may waive the height and setbacks in the Dimensional Standards and in the Section 135-701 notes to accommodate the installation of solar photovoltaic, solar thermal, living, and other eco-roofs, energy storage, and air-source heat pump equipment. Such installations shall not create any detriment or impact to abutters in terms of visual occurrence, noise or shadow and must be appropriately integrated into the architecture of the building and the layout of the site. The installations shall not provide additional habitable space within the development.
8.	Special permit for exceptions to building height (stories), building height (feet), and maximum number of units per lot. The special permit Granting Authority may issue a special permit for a multifamily dwelling/housing or mixed-use developments in the MBTA 1 Redline North and MBTA 2 Redline South MCMOD subdistricts that exceed the Dimensional Criteria in Section 135-616E, noted with an.

The multifamily dwelling/housing or mixed-use developments exceptions requested are prohibited from exceeding two additional stories or 25 additional feet. There are no restrictions on the request to exceed the maximum number of units per lot.

(2)

Special permit criteria:

(a)

When issuing a special permit for any exception noted above in this Section, the special permit Granting Authority shall evaluate how the proposed building mass, design and form is compatible with and enhances the area in relationship to the existing built environment, context, mass, and surrounding land uses. All multifamily dwelling/housing or mixed-use developments shall clearly demonstrate that any exceptions requested are in harmony with and satisfy this criteria in order to be further evaluated under the criteria below.

(b)

If the Planning Board determines that the exceptions satisfy the multifamily dwelling/housing or mixed-use developments must demonstrate that a minimum of three criteria are satisfied.

[1]

Preservation and reuse of historic buildings on the site.

[2]

Public amenities: newly created public open space, pocket parks, walking paths, playgrounds, conservation restrictions or municipal parks. Said public amenities shall be accessible and usable by general public without undue restriction and shall be subject to and include all required restrictions, easements and agreements determined to be required by the Planning Board/special permit granting authority, and may include a donation of land to the Town of Braintree.

[3]

Achievement of Gold or Platinum LEED certification or other equivalent standard related to green building technologies.

[4]

Community space: newly created interior building space that is accessible and suitable for use by the Town of Braintree to host gatherings, meetings, public meetings and community events and shall be subject to and include all required restrictions, easements and agreements determined to be required by the Planning Board/special permit granting authority.

[5]

Workforce housing units: In addition to the requirements in Section 135-616G, the multifamily dwelling/housing or mixed-use development provides for an additional 10% of the total unit count as workforce housing units available to households earning 81% to 120% of AMI.

[6]

Commitment to publicly benefiting beautification, public art or wayfinding projects in or adjacent to the district.

Transportation, vehicle, pedestrian and bicycle requirements. In order to comply with the goals and objectives of MGL c. 40A, § 3A, this section of the Ordinance takes into account the locations of the MCMOD Sub-District and their proximity to commuter rail, Red Line and bus service. In addition to public transportation the MCMOD Sub-Districts are located in close proximity to the Town's civic and open space areas, the South Braintree and Braintree Weymouth Landing Squares as well as employment and larger commercial nodes. The movement of people, bicycles and vehicles is important in the MCMOD Sub-Districts.

(1)

Number of vehicle parking and loading bays and spaces: The following minimum number of off-street parking spaces shall be required for each use, either in surface parking areas or structured parking. For specific uses not listed please see Section 135-806A, B and C.

MCMOD Sub-Districts
USES	MBTA 1 Red Line North	MBTA 2 Red Line South	MBTA 3 Red Line Village	MBTA 4 Greenbush BWLD
Residential Uses
Multifamily dwelling/housing	1.5 per Unit	1.5 per Unit	1.5 per Unit	1.25 per Unit
Mixed-Use Development (Note 1)	Per Use	Per Use	Per Use	Per Use
Institutional Uses
Community center	See § 135-806	See § 135-806	See § 135-806	See § 135-806
Congregate living facility	0.4 per Unit	0.4 per Unit
Municipal public park	Set by PB	Set by PB	Set by PB	Set by PB
School	See § 135-806	See § 135-806	See § 135-806	See § 135-806
Museum	See § 135-806	See § 135-806		See § 135-806
Recreational Uses
Boathouse marina				See § 135-806
Club or lodge	See § 135-806	See § 135-806		See § 135-806
Business Uses
Amusement or assembly, place of	See § 135-806	See § 135-806		See § 135-806
Animal clinic or hospital	See § 135-806	See § 135-806		See § 135-806
Animal retail and animal grooming service <15,000 sq. ft.	See § 135-806	See § 135-806		1 per 500 sq. ft.
Animal retail and animal grooming service <15,000 sq. ft. or >	See § 135-806	See § 135-806
Full service animal establishment	See § 135-806	See § 135-806
Bank	1 per 250 sq. ft.	1 per 250 sq. ft.		1 per 400 sq. ft.
Body art establishment				1 per 300 sq. ft.
Business/professional offices	1 per 350 sq. ft.	1 per 350 sq. ft.	1 per 350 sq. ft.	See § 135-615-10
Catering service	1 per 500 sq. ft.	1 per 500 sq. ft.		1 per 500 sq. ft.
Commercial recreation	See § 135-806	See § 135-806		See § 135-806
Day care, commercial	1 per 500 sq. ft.	1 per 500 sq. ft.	1 per 500 sq. ft.	1 per 500 sq. ft.
Fast-food establishments with drive-through	See § 135-806	See § 135-806
Fast-food establishments without drive-through	1 per 150 sq. ft.	1 per 150 sq. ft.	1 per 150 sq. ft.	1 per 150 sq. ft.
Hotel or motel	1 per guest room	1 per guest room		1 per guest room
Freestanding, exterior kiosks	See § 135-806C	See § 135-806C		See § 135-806C
Medical center/clinic	1 per 175 sq. ft.	1 per 175 sq. ft.		1 per 200 sq. ft.
Office park	1 per 350 sq. ft.	1 per 350 sq. ft.
Restaurant	1 per 3.5 seats	1 per 3.5 seats	1 per 3.5 seats	1 per 5 seats
Retail store(s)/service(s) (<15,000 sq. ft.)	1 per 250 sq. ft.	1 per 250 sq. ft.	1 per 350 sq. ft.	1 per 500 sq. ft.
Retail store(s)/service(s) (>15,000 sq. ft.)	1 per 250 sq. ft.	1 per 250 sq. ft.		1 per 500 sq. ft.
Shopping center	See § 135-806C	See § 135-806C
Function/conference facility	See § 135-806C	See § 135-806C		See § 135-806C
Brewery with tap room	See § 135-806C	See § 135-806	See § 135-806	See § 135-806
Commercial
Research facility	1 per 400 sq. ft.	1 per 400 sq. ft.		1 per 400 sq. ft.
Light manufacturing	See § 135-806	See § 135-806

(2)

Vehicle parking and loading bays and spaces requirements:

(a)

All uses within a development shall provide for vehicle charging stations as required in the IECC 2015 International Energy Conservation Code (as most recently amended) including vehicles charging stations that are ADA accessible.

(b)

All uses shall provide for internal or external loading spaces and loading bays pursuant to Section 135-814. In mixed-use developments the Planning Board may allow the use of shared loading spaces and loading bays.

(c)

All multifamily dwelling/housing and mixed-use developments shall provide short-term dedicated parking spaces for package delivery, transportation (ride share, livery, pick up/drop off), and food dropoff and pickup. The number and location of the parking spaces will be determined by the Planning Board as part of the site plan review process.

(d)

Parking requirements for a mixed-use development on a single site may be adjusted through the site plan review process, if the combination of uses proposed demonstrates that shared spaces will meet parking demands of the uses proposed on site. Any mixed-use development seeking permission to utilize shared parking shall submit:

[1]

A parking report prepared by a professional traffic engineer, that includes both ITE (Institute of Traffic Engineers) and empirical data to demonstrate the parking demands of all proposed uses and the peak periods. Said report shall include all proposed uses parking requirements per this Ordinance, each uses peak demand, the fifty-percentile demand and total daily demands. The mixed-use development peak demand shall clearly demonstrate that at no time during the day will the peak demand of the mixed-use development exceed the supply for the Planning Board to allow any form of shared parking plan.

(3)

Bicycle parking/storage requirements:

(a)

All multifamily dwelling/housing developments and mixed-use developments must provide on-site accommodations for the parking and storage of bicycles.

(b)

All multifamily dwelling/housing developments shall provide interior bicycle parking/storage within the residential building or parking structure in a secured area for residents and staff. One bicycle parking/storage space shall be provided for every eight residential units in the development.

(c)

All multifamily dwelling/housing developments shall provide exterior bicycle parking spaces for visitors and guests. One exterior bicycle parking space shall be provided for every 16 residential units in the development.

(d)

All interior and exterior bicycle parking/storage space requirements in multifamily dwelling/housing developments with less than eight residential units shall be determined by the Planning Board.

(e)

All nonresidential uses in a mixed-use development shall provide for interior and exterior bicycle parking. One bicycle parking space shall be provided for every 10 required vehicle parking spaces. The location of the spaces (interior or exterior) shall be determined by the Planning Board based on the uses within the mixed-use development.

(4)

Pedestrian, vehicle and bicycle access requirements:

(a)

All multifamily dwelling/housing developments and mixed-use developments shall include a well-designed internal network of sidewalks and or a multiuse path that connects to other uses in the development and the public sidewalk. Access to common areas, plazas, parking areas and open spaces shall be provided for.

(b)

All multifamily dwelling/housing developments and mixed-use developments shall be designed to provide bicycle and pedestrian connections or a multiuse path that connects to abutting properties and other compatible land uses within the MCMOD Sub-District.

(c)

All multifamily dwelling/housing developments and mixed-use developments shall provide for and construct or upgrade as determined by DPW a sidewalk or a multi-use path along the entirety of the property's frontage, including the use of private property through an easement if needed. The Planning Board may waive this requirement if an alternative location interior to the property provides a better option for public access to the MCMOD Sub-District and surrounding neighborhood.

(d)

Curb cuts from all public ways and streets and any other vehicular access points to properties, structures, buildings, and parking structures shall be minimized and shared where possible. Shared driveways for abutting properties and developments are strongly encouraged and may be required by the Planning Board.

Affordable housing requirements. The purposes of this subsection are:

To increase the supply of housing stock in the Town of Braintree that is permanently available and affordable to low- and moderate-income (>80% of the AMI) households;

To encourage greater diversity of housing accommodations to meet the needs of Braintree residents and local employees; and

To develop and maintain a satisfactory proportion of the Town's housing stock as affordable housing units, deed restricted per eligibility on the Subsidized Housing Inventory (SHI).

(1)

Applicability. This requirement is applicable to all site plan review applications for multifamily dwelling/housing developments and mixed-use developments with 10 or more dwelling units, whether new construction, substantial rehabilitation, expansion, reconstruction, or residential conversion. No project may be segmented, divided or phased to avoid the requirements of this section. Segmentation shall mean one or more divisions of land or buildings that cumulatively result in a net increase of 10 dwelling units above the number existing 24 months prior to an application to develop any parcel or set of contiguous parcels in common ownership or under common control, on or after the effective date of this section.

(2)

Percentage and level of affordable housing. In applicable projects, not fewer than 10% of housing units constructed shall be affordable housing units. For purposes of calculating the number of units of affordable housing required within a development project, a fractional unit shall be rounded down to the next whole number. The Affordable Units shall be available to households earning income up to 80% of the AMI.

(3)

Selection process for affordable units. The selection of qualified purchasers or qualified renters for the affordable units shall be carried out under an affirmative fair housing marketing plan (AFHMP). The AFHMP shall comply with the EOHLC's requirements in effect on the date the application was filed with the Town and shall be complied with to ensure that all affordable units are SHI eligible.

(4)

Comparability. Unless otherwise approved by the Planning Board, all affordable and workforce housing units in all multifamily dwelling/housing developments and mixed-use developments shall be:

(a)

Dispersed throughout the development and buildings and shall be indistinguishable from market-rate units (floating and fixed are permitted).

(b)

The number of bedrooms in affordable and workforce housing units shall be comparable to the bedroom mix in market-rate units in the development.

(c)

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 buildings.

(d)

Located such that the units have equal access to shared amenities and common areas including light and air, outdoor areas, open space, other areas of the development and utilities within the development.

(e)

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

(5)

Building permit and occupancy conditions.

(a)

Building permit conditions. An agreement with the Town of Braintree, acknowledging understanding of and commitment to all of the occupancy conditions contained here within shall be executed and delivered to the Department of Planning and Community development (DPCD) prior to and as a condition of the issuance of any building permit required to commence construction. The Building Inspector shall not issue a building permit with respect to any project or development subject to this article unless and until the DPCD has verified in writing to the Building Inspector that such agreement has been executed and delivered.

(b)

Occupancy conditions. No certificate of occupancy shall be issued for any market-rate units in a development subject to this section until all documents necessary to ensure compliance by the applicant (and any purchasers of the affordable housing units) with the requirements of this Inclusionary Housing section have been executed and recorded, including:

[1]

The applicant has an approved Local Initiative Program application for local action units from EOHLC;

[2]

The applicant has satisfied all of the fair and affirmative marketing requirements for occupancy including conducting the lottery for the affordable units.

[3]

Ongoing requirement for and agreement with a third-party affordability monitoring agent (monitoring agent).

(6)

Timing of construction. Where feasible, affordable and workforce housing units may be provided coincident with the development of market-rate units, but in no event shall the development of affordable and workforce housing units be delayed beyond the following schedule:

Market Rate Units % Ready For Occupancy	Affordable and Workforce Unit % Ready For Occupancy
Up to 30	None required
30 up to 50	At least 10
50 up to 75	At least 40
75 up to 90	At least 70
By 90	100

General development standards for the MCMOD Sub-Districts. In addition to all other applicable sections of the Braintree Zoning Ordinance, the following general development standards are applicable in the MCMOD Sub-Districts. These special zoning provisions are required in order to ensure that the requirements of MGL c. 40A, § 3A, are fulfilled and that the public good and well-being of Braintree is being are being promoted, protected and served in doing so.

(1)

Lighting. Light levels shall be designed to provide illumination necessary for safety and convenience while preventing glare and overspill onto adjoining properties and reducing the amount of skyglow.

(2)

Mechanicals. All mechanical equipment at ground level and on any rooftop shall be screened for visual and sound impacts. A combination of sound panels, fencing and plantings shall be utilized as determined.

(3)

Dumpsters. External dumpsters shall be located on a hard surface, such as asphalt, pavers or concrete and screened by a combination of fencing and plantings. Where possible, dumpsters or other trash and recycling collection points shall be located and stored within the building.

(4)

Building orientation and design. The principal building(s) shall have its principal facade and main pedestrian entrance facing a street. The orientation of multiple buildings on a lot should reinforce the relationships among the buildings. All building facade(s) shall be designed with attention to entries, fenestration, and compatible materials.

(5)

Outdoor areas. Multifamily housing and mixed-use developments shall have common outdoor areas that all residents can access. Outdoor space can consist of recreation areas, fields, open space, courtyards, parks, playgrounds, outdoor dining, terraces and roof decks.

Site plan review.

(1)

Applicability. Site plan review is required for all multifamily dwelling/housing developments and all mixed-use developments. An application for site plan review shall be reviewed by the Planning Board for consistency with Section 135-616 and other applicable sections of the Ordinance.

(2)

Submission requirements and approval criteria. See Braintree Zoning Ordinance Section 135-711C(3) and D. Site plan approval shall be granted upon determination by the Planning Board that all applicable requirements and criteria in the Ordinance have been satisfied. The Planning Board may impose reasonable conditions prior to the applicant receiving a building permit or certificate of occupancy, at the expense of the applicant, to ensure that requirements and criteria will be satisfied.

(3)

Timeline and process.

(a)

Within 45 days of the Department of Planning and Community development determining that all site plan review materials are complete and fees have been submitted, including the Town Clerk stamp, the Planning Board shall hold a public hearing. All site plan review applications in all MCMOD Sub-Districts will require a public hearing. Notice of a public hearing is required and shall be given by publication in a newspaper of general circulation in the city or Town once in each of two successive weeks, the first publication to be not less than 14 days before the day of the hearing and by posting such notice in a conspicuous place in the city or town hall for a period of not less than 14 days before the day of such hearing. In all cases notice shall be sent by mail, postage prepaid. "Parties in interest" as used in this section shall mean the petitioner and all abutters within 300 feet of the property line of the lot(s) as they appear on the most recent applicable tax list including land of any such owner even if located in another city or town.

(b)

The Department of Planning and Community development and/or the Planning Board may, when appropriate, seek the input of other municipal boards or Town officials, including but not limited to:

Water and Sewer Department

Engineering Division

Stormwater Division

Building Division

Health Division

ADA Coordinator and Commission on Disabilities

Braintree Electric Light Department

Braintree Police Department

Braintree Fire Department

Legal Department

Mayor's Office

Treasurer/Collector

(4)

Voting requirements: All site plan review applications submitted pursuant to Section 135-616 must receive a simple majority vote of the Planning Board to be approved.

(5)

Fees. Please refer to the Planning Board Fee Schedule at the time of application for the Planning Board.

(6)

Peer review. Multifamily dwelling/housing developments and mixed-use developments may be subject to peer reviews pursuant to MGL c. 44, § 53G, as determined by the Town of Braintree or the Planning Board.

Severability. If any provision of Section 135-616 is found to be invalid by a court of competent jurisdiction, the remainder of Section 135-616 shall not be affected but shall remain in full force. The invalidity of any provision of this Section 135-616 shall not affect the validity of the remainder of the Zoning Ordinance.