The city council may grant a special permit for additional development
in the planned development district 1 (PDD1) planned development district
2 (PDD2), LI district, IP district, HB district and TED district in
accordance with the requirements of this title and Chapter 40A, Section
9, Massachusetts General Laws, and regulations which the council shall
adopt to carry out its requirements under this title.
(C.O. 90-237 § 18 (part); C.O. 01-76 § 14)
The project review board shall consist of the superintendent
of public works, building inspector, health agent, city engineer,
city planner, fire chief, conservation commissioner and traffic commissioner.
(C.O. 90-237 § 18 (part))
The purpose of allowing a special permit for additional development
is to provide for a carefully planned mix of uses that is consistent
with the goals and objectives for the future use of planned development
district 1 (PDD1) planned development district 2 (PDD2), LI district,
IP district, HB district and TED district area in a manner beneficial
to the city and surrounding neighborhoods, and to provide the city
with the means to ameliorate the impacts of development in this and
other areas of the city.
(C.O. 90-237 § 18 (part); C.O. 01-76 § 15)
Prior to the submission of an application for a special permit,
the applicant must confer with the project review board to obtain
information and guidance before entering into binding commitments
or incurring substantial expense in the preparation of plans, surveys
and other data.
(C.O. 90-237 § 18 (part))
The applicant shall file a preliminary plan accompanied by the
form entitled "Submission of Preliminary Plan" to the project review
board at regularly scheduled meeting. A copy of the preliminary plan
and the form described in this section shall also be filed in the
city clerk's office. A certified check, in the amount of the fee described
in Table I of this revision, made out to the city, shall accompany
the submission of the preliminary plan. The project review board,
within twenty days from receipt of the plan, shall review and determine
whether the proposed project is consistent with the development of
the city. The project review board may suggest modifications and changes
to the preliminary plan in anticipation of the filing of the final
plan. If the board fails to act within twenty days, the applicant
may proceed to file a final plan.
(C.O. 90-237 § 18 (part); C.O. 01-76 § 16)
The contents of a preliminary plan for a planned unit development
shall be:
A.
PDD1
boundaries, north arrow, date, scale, legend and title ("Preliminary
Plan: Planned Development District 1"), the name or names of applicants
and engineer or designer;
B.
Names
of all abutters, land uses and approximate location and width of all
adjacent streets;
C.
Show
the existing and proposed lines of streets, ways, easements and of
any public areas within or next to the PDD1;
D.
The
approximate boundary lines of existing and proposed lots with approximate
areas and dimensions;
E.
Indicate
the proposed system of drainage, including adjacent, existing natural
waterways and the topography of the land;
F.
Show
the existing and proposed buildings, significant structures and proposed
open space on the project site, and to include adjacent buildings
and their actual use;
G.
An
analysis of the natural features of the site, including wetlands,
floodplains, slopes over ten percent, soil conditions and other features
requested by the project review board or required by the regulations
of the board;
H.
A description
of the neighborhood in which the tract lies, including utilities and
other public facilities and the general impact of the proposed PDD1
upon them;
I.
A summary
of environmental concerns relating to the PUD.
(C.O. 90-237 § 18 (part))
A.
The
applicant shall submit an application for a special permit accompanied
by the original final plans, plus six copies, to the city clerk.
B.
The
city clerk shall transmit the original and four copies of the final
plans to the project review board.
(C.O. 90-237 § 18 (part))
A.
Within thirty-five days of the receipt of the final plan from the city clerk, the project review board shall submit it to the council, accompanied by the written recommendations, in a report discussing the feasibility of the project and its consistency with the purposes put forth in Section 17.22.030.
(C.O. 90-237 § 18 (part))
A.
The
council, upon receipt of the report of the project review board, but
in any case within sixty-five days of the filing of the final plan,
shall hold a public hearing, notice of which shall be published in
a local newspaper once in each of two successive weeks, with the first
publication to be not less than fourteen days before the date of the
hearing, and shall be mailed to "parties of interest" as defined in
Chapter 40A, Section 11, General Laws, and to any other property owners
deemed by the project review board to be affected thereby. Notice
shall be given by certified mail by the city clerk. The petitioner
shall be responsible for all costs associated with the certified mail
notification.
B.
The
council shall, within ninety days following the public hearing, certify
in writing that the application is approved as submitted, approved
subject to modifications, or denied. Moreover, no city council vote
to adopt, amend or deny a special permit required by this section
shall take place until after the site plan review has submitted its
recommendations to the city council. If the council fails to issue
its findings within ninety days, the special permit shall be deemed
approved. However, no building permit shall be issued until the plan,
signed by the city clerk, is recorded in the registry of deeds.
C.
Approval
of a special permit shall require a two-thirds vote of the council.
(C.O. 90-237 § 18 (part); C.O. 01-76 §§ 17, 18)
If the special permit is denied, the developer shall not submit
substantially the same petition for two years, except as provided
under Chapter 40A, Section 16, General Laws.
(C.O. 90-237 § 18 (part))
Special permits granted under this chapter shall lapse within
two years, excluding the time required to pursue or await the determination
of an appeal from the grant thereof, if a substantial use has not
commenced sooner or if construction has not started. The council may
grant an extension, after a due process hearing, for good cause, and
shall grant an extension if delay has been caused by the need to seek
other permits.
(C.O. 90-237 § 18 (part))
No construction or reconstruction except as shown on the recorded
plan shall occur without a further submission of plans to the council,
and a notation to this effect shall appear upon the recorded plan
and upon any deeds to any property within the PDD1, PDD2, LI, IP,
HB and TED districts.
(C.O. 90-237 § 18 (part); C.O. 01-76 § 19))
The application for a special permit and a site plan review
shall be accompanied by the original copy of the final plan and six
copies, and any other data to be submitted, and shall contain the
following data:
A.
It
shall be drawn at a scale of one inch equals forty feet, unless another
scale is requested and found suitable by the engineering department;
B.
A professional
engineer, registered architect or registered landscape architect shall
prepare the site plan;
C.
The
plan shall be stamped by the registered land surveyor who performed
the boundary survey and who shall certify the accuracy of the location
of the buildings, setbacks and all other required dimensions, elevations
and measurements and shall be signed under the penalties of perjury;
D.
A utilities
and drainage plan shall be prepared by a professional engineer;
E.
The
scale, date and north arrow shall be shown;
F.
Lot
number, dimensions of lot in feet, size of lot in square feet, and
width of abutting streets and ways;
G.
Easements
within the lot and abutting thereon;
H.
The
location of existing or proposed buildings on the lot shall be prepared
by a registered architect to include the total square footage and
dimensions of all buildings, all building elevations and floor plans,
and perspective renderings. Further, the depiction of materials and
colors to be used shall be required;
I.
The
location of existing wetlands, water bodies, wells, one-hundred-year
floodplain elevation and other natural features requested by the planning
board;
J.
The
distance of existing and proposed buildings from the lot lines and
the distance between buildings on the same lot;
K.
Percent
of building lot coverage;
L.
Average
finished grade of each building (see definition);
M.
The
elevation above average finished grade of the floor and ceiling of
the lowest floor of each building;
N.
Existing
and proposed topographical lines at two-foot intervals;
O.
The
use designation of each building or part thereof, and of each section
of open ground, plaza or usable roof space;
P.
Numbering
of parking spaces;
Q.
Height
of all buildings, above average finished grade of abutting streets;
R.
A landscape
plan to include the total square feet of all landscape and recreation
areas, and depiction of material to be used, and the quantity, size
and species of plantings;
S.
Deed
or other recorded instrument that shows the applicant to be the owner
under option of the land to be designated as a development;
(C.O. 90-237 § 18 (part); C.O. 01-76 § 20))
Issuance of a special permit shall be subject to the following
conditions:
The council shall make the following determinations:
A.
Provisions
have been made to prevent or minimize any detrimental effect on adjoining
premises and the general neighborhood;
B.
Facilities
have been designed and will be developed so that no significant impairment
will occur in relation to the convenience and safety of vehicular
pedestrian movements on adjacent streets and properties;
C.
Designs
have been prepared for the adequate disposal of sewerage, refuse,
other waste, drainage and surface water;
D.
Designs
have been prepared allowing for sufficient parking space and service
area including necessary maneuvering areas to serve the needs of the
proposed construction;
E.
Existing
municipal facilities are of sufficient capacity to support the proposed
development. Such services shall consist of but shall not be limited
to fire and police operation, educational and recreation facilities.
(C.O. 90-237 § 18 (part))
In accordance with Section 17.16.040, Table of Uses.
(C.O. 90-237 § 18 (part))
As required in Section 17.24.010, Table of Dimensional Controls.
(C.O. 90-237 § 18 (part))
In accordance with Section 17.16.010, Table of Dimensional Controls.
(C.O. 90-237 § 18 (part))
By a special permit of the city council, buildings within the
PDD1 district may exceed the maximum height allowance as shown in
Table 17.24.010 up to a height of two hundred feet and twenty stories.
Buildings allowed to exceed the maximum height allowance shall be
set back at least two hundred feet from Washburn Avenue, Winthrop
Avenue and Revere Beach Parkway.
(C.O. 90-237 § 18 (part); C.O. 01-76 § 21))
By a special permit of the city council, buildings within the
LI district may exceed the maximum height allowance as shown in Table
17.24.010 up to a height of seventy feet and seven stories.
(C.O. 01-76 § 23, 2001)
By a special permit of the city council, buildings within the
IP district may exceed the maximum height allowance as shown in Table
17.24.010 up to a height of seventy feet and seven stories.
(C.O. 01-76 § 24, 2001)
By a special permit of the city council, buildings within the
HB district may exceed the maximum height allowance as shown in Table
17.24.010 up to a height of seventy feet and seven stories.
(C.O. 01-76 § 25, 2001)
By a special permit of the city council, buildings within the
TED district may exceed the floor area ratio as shown in Table 17.24.010
up to a maximum of 3.0.
(C.O. 01-76 § 26, 2001)
By a special permit of the city council, buildings within the
TED district may exceed the maximum height allowance as shown in Table
17.24.010 up to a height of one hundred feet and ten stories.
(C.O. 01-76 § 27, 2001)
By a special permit of the city council principal buildings
within the PDD1, PDD2 and IP districts may exceed requirements shown
in Table 17.24.010, Table of Dimensional Controls, to a level not
to exceed fifty percent of the total site area.
(C.O. 90-237 § 18 (part); C.O. 01-76 § 22)
By a special permit of the city council, the total floor area
ratio of the principal buildings within the PDD1, PDD2, LI, LP, HB
and TED districts, not including parking structures, may exceed the
maximum allowed FAR of 1.0 to but not more than 3.0.
(C.O. 90-237 § 18 (part); C.O. 01-76 § 28)
Parking for each individual use provided shall be in conformance with the requirements of Chapter 17.28, Off-Street Parking & Loading.
(C.O. 90-237 § 18 (part))
