[Added 5-6-2024 ATM by Art. 50, AG approved 8-26-2024, eff. 5-6-2024]
A. 
The purposes of the MBTA Communities Overlay District (MCOD) are to:
(1) 
Provide for multifamily housing options in the vicinity of the Whitman MBTA Station under MGL c. 40A, § 3A, and the Section 3A Compliance Guidelines of the Executive Office of Housing and Livable Communities (EOHLC);
(2) 
To respond to the local and regional need for housing by enabling development of a variety of housing types;
(3) 
To respond to the local and regional need for affordable housing by allowing for a variety of housing types with affordable housing requirements;
(4) 
To promote multifamily housing near retail services, offices, civic, and personal service uses, thus helping to ensure pedestrian-friendly development by allowing higher density housing in areas that are walkable to shopping and local services;
(5) 
To reduce dependency on automobiles by providing opportunities for multifamily housing near public transportation;
(6) 
To encourage environmental and climate protection sensitive development;
(7) 
To encourage economic investment in the redevelopment of properties;
(8) 
To encourage residential uses to provide a customer base for local businesses; and
(9) 
To ensure compliance with MGL c. 40A § 3A.
A. 
The MCOD shall be as shown on the map entitled "MBTA Communities Overlay District," dated February 18, 2024, on file with the Town Clerk, which is hereby adopted and made part of the Town of Whitman Zoning Map.
B. 
The MCOD does not replace the existing underlying zoning districts but is superimposed over them. The requirements of the underlying zoning districts shall remain in full force and effect, except for a project proposed for approval under this Article XVI. Within the boundaries of the MCOD, an applicant may elect to develop a project in accordance with the MCOD or develop a project in accordance with the requirements of the underlying zoning districts. For lots located in the MUOD which are also located in the MCOD, an applicant may elect to develop a project in accordance with the MCOD or develop a project in accordance with the requirements of the MUOD; for those projects which an applicant elects to develop in accordance with the requirements of the MUOD, all requirements of the MUOD shall remain in full force and effect.
C. 
Multifamily development under this Article XVI shall be as of right and exempt from the provisions of § 240-7.3.
D. 
A multifamily development in the MCOD that is also in the Floodplain and Watershed Protection District shall not require a special permit under § 240-5.4 or § 240-7.6.
E. 
For a multifamily development that requires an earth removal permit under Chapter 135 of the Whitman Bylaws, the earth removal permit shall be provided as part of site plan approval under this Article XVI and in accordance with the review and approval standards set forth at § 240-16.8B. No separate application or approval shall be required under Chapter 135.
F. 
When a building permit is issued for any project approved in accordance with this Article XVI, the provisions of the underlying zoning districts shall no longer apply to the land shown on the site plan submitted in connection with the project.
G. 
Development meeting the requirements of this Article XVI is as-of-right siting, as that term is defined in Article II, and is subject to MCOD site plan approval as set forth in § 240-16.8.
H. 
The Zoning Board of Appeals (Board) is the site plan approval authority for the MCOD.
As used in this Article XVI, the following definitions shall apply. To the extent that there is any conflict between the definitions set forth herein or Article II, this Article XVI shall control.
AFFORDABLE HOUSING RESTRICTION
A contract, mortgage agreement, deed restriction, or other legal instrument, acceptable in form and substance to the Town, that effectively restricts occupancy of an affordable housing unit to a qualified purchaser or renter, and which provides for administration, monitoring, and enforcement of the restriction during the term of affordability. An affordable housing restriction shall run with the land in perpetuity or for the maximum period allowed by law, and be entered into and enforceable under the provisions of MGL c. 184, §§ 31 through 33, or other equivalent state law.
AFFORDABLE UNIT
A dwelling multifamily housing unit constructed per the requirements of this Article XVI that is subject to an affordable housing restriction recorded in its chain of title limiting the sale price or for rent or limiting purchase and occupancy to a low-income or moderate-income household, and which is eligible for inclusion in the Chapter 40B Subsidized Housing Inventory, as determined by the Executive Office of Housing and Livable Communities (EOHLC).
LOW INCOME
A combined household income which is less than or equal to 50% of area median income (AMI) as determined by the U.S. Department of Housing and Urban Development (HUD), or any other limit established under MGL c. 40B, its regulations or any amendment thereto.
MARKET-RATE UNIT
A dwelling unit in a multifamily residential development that is not restricted in terms of price or rent.
MODERATE INCOME
A combined household income which is less than or equal to 80% of area median income (AMI), as determined by the U.S. Department of Housing and Urban Development (HUD), or any other limit established under MGL c. 40B, its regulations or any amendment thereto.
MULTIFAMILY HOUSING
A dwelling with three or more units or two or more buildings on the same lot, each having two or more units.
PROJECT
A proposed use or development pursuant to this Article XVI of a lot or set of one or more contiguous lots held in common ownership and located within the MCOD.
STRUCTURED PARKING
A structure accessory to a multifamily use in which vehicle parking is accommodated on multiple stories; a vehicle parking area that is underneath all or part of any story of a structure; or a vehicle parking area that is not underneath a structure, but is entirely covered, and has a parking surface at least eight feet below grade. Structured parking does not include surface parking or carports, including solar carports.
The following uses shall be permitted in the MCOD subject to MCOD site plan approval under § 240-16.7:
A. 
Principal uses.
(1) 
Multifamily housing.
B. 
Permitted accessory uses.
(1) 
Outdoor recreation uses, such as but not limited to swimming pool, tennis court, other game court.
(2) 
Off-street parking, including surface parking and parking structures accessory and subordinate to the multifamily development.
Development in the MCOD shall comply with the following density and dimensional requirements and shall not be subject to Article VI of this bylaw except the regulations for corner lots under § 240-6.3.
Standard
MCOD Requirement
Minimum lot area (sq. ft.)
10,000
Maximum lot coverage
20%
Minimum open space
30%
Maximum building height*
Stories (maximum)
3
Feet (maximum) (lin. feet)
45
Minimum frontage (lin. feet)
40
Minimum required setbacks: (lin. feet)
Front
25
Side
25
Rear
25
Maximum units per acre
18
A. 
Vertical projections or roof structures that house elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, or to fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, wireless, radio or television masts, silos, energy generation and conservation apparatus, or similar unoccupied features, may be erected above the height limits in this § 240-16.5, provided the structures are in no way used for living purposes and do not constitute more than 25% of the ground floor area of the building.
B. 
More than one residential or accessory building or structure shall be allowed on a lot. The provisions of § 240-4.4 shall not apply in the MCOD. The minimum separation between buildings on a lot shall comply with the State Building Code and Massachusetts Fire Code.
C. 
Incentives for cohesive site planning.
(1) 
A proposed multifamily development on a site of five or more contiguous acres shall be permitted, subject to MCOD site plan approval, at a maximum density of 20 units per acre and a maximum lot coverage of 30%. The minimum lot frontage for a site of five or more acres shall be 150 feet. All other dimensional requirements of § 240-16.5 shall apply, except as provided in Subsection C(2) below.
(2) 
The Board may grant a special permit for an increase in maximum building height to four stories and 48 feet.
Any residential development in the MCOD shall provide affordable units in accordance with the following.
A. 
In any project resulting in a net increase of 20 or more dwelling units on any lot or set of contiguous lots comprising a project development site, at least 10% of the dwelling units shall be affordable units. Fractions shall be rounded down to the next whole number.
B. 
Projects shall not be segmented to avoid compliance with this Article XVI. Segmentation shall mean one or more divisions of land that cumulatively result in a net increase of 20 or more dwelling units above the number existing 36 months earlier on any lot or set of contiguous lots held in common ownership on or after the effective date of this Article XVI.
C. 
All the affordable units required in a proposed project shall be located within the project development site and shall be comparable to the market-rate units.
(1) 
Design. Affordable units must be dispersed throughout a project and be comparable in construction quality and exterior design to the market-rate units. The affordable units shall have the same access to all on-site amenities as the market-rate units.
(2) 
Timing. All affordable units must be constructed and occupied concurrently with or prior to the construction and occupancy of market-rate units or development.
(3) 
The unit mix (i.e., the number of bedrooms per unit) of the affordable units shall be in the same proportion as the unit mix of the market-rate units.
D. 
All affordable units created under this Article XVI shall be subject to an affordable housing restriction approved by the Board, Town Counsel, and the Executive Office of Housing and Livable Communities (EOHLC). The restriction shall run with the land in perpetuity under MGL c. 184, §§ 31 through 33, and shall be recorded with the Plymouth County Registry of Deeds or Registry District of the Land Court prior to issuance of a building permit.
A. 
Developments in the MCOD shall conform to the standards in this § 240-16.7 and the following:
(1) 
Article VIII, Off-Street Parking and Loading Regulations, except as modified below.
(2) 
Article IX, Signs.
(3) 
Article X, Environmental Performance Standards, except that in addition to § 240-10.12, exterior lighting shall conform to the requirements in Subsection H below.
B. 
Setbacks and buffers.
(1) 
No use other than landscaping, sidewalks, multi-use paths, street furniture, seating, or amenities such as a courtyard, square, raised terrace, recessed entrance, sidewalk, multi-use path, or facade offsets, or outdoor dining and permitted signs shall be permitted in the front yard of any lot.
(2) 
There shall be a minimum landscaped buffer of 50 feet that provides effective screening between any multifamily or mixed-use development in the MCOD and any industrial use or adult entertainment use located in the underlying district. The buffer shall consist of a double row of evergreen trees not less than eight feet in height and not more than 20 feet in height, or a solid screen type fence coupled with suitable tree plantings.
C. 
Sidewalks, internal walkways, and landscaping.
(1) 
Sidewalks shall be separated from the road with a three-foot-wide landscaped buffer to protect pedestrians and create a pleasing environment unless preexisting conditions make it infeasible or where state jurisdiction supersedes local control. The landscaped buffer shall consist of shade trees placed at appropriate intervals and other landscaping, and street design elements such as benches, shrub, or grass. Landscaping shall be organized in clusters of plantings rather than in a rigid line along the front of the lot.
(2) 
Sidewalks shall be surfaced with concrete, brick, or stone materials, and shall be at least five feet in width unless waived by the Board.
(3) 
All developments shall provide accessible walkways connecting all building entrances, buildings to streets, and buildings to sidewalks and adjacent public features, such as parks and playgrounds, with minimal interruption by driveways.
(4) 
Parking lot aisles and access and interior driveways shall not count as walkways. The Board may require benches, waiting areas, bicycle racks, stroller bays, and other sheltered spaces near building entrances.
(5) 
To the maximum extent possible, walkways should have some degree of shelter achieved through the use of building fronts, trees, low hedges, arcades, trellised walks, or other means to delimit the pedestrian space.
(6) 
Site landscaping shall not block a driver's view of oncoming traffic.
(7) 
Compliance with these standards shall be demonstrated in site circulation and landscaping plans submitted with the site plan approval application.
D. 
Off-street parking. Development in the MCOD shall comply with Article VIII and the following additional provisions. Any conflict between Article VIII and this Article XVI shall be resolved in favor of this Article XVI.
(1) 
The minimum number of off-street parking spaces for multifamily dwellings shall be 1.5 spaces per unit.
(2) 
Shared parking. The Board may approve an applicant's request to reduce the total number of required parking spaces within a development by authorizing shared parking by uses whose peak demand occurs at different times of day, as determined by the Board. Required spaces shall be within 400 feet in actual travel distance of the main entrance to the principal buildings served by shared parking.
(3) 
Surface parking shall be located to the rear or side of the principal building and shall not be located within the minimum setback between the building and any lot line adjacent to the street or internal access drive. No surface parking shall be located between the front building line of a residential building and the front lot line except by special permit from the Board.
(4) 
Accessory structured parking shall be located at least 20 feet behind the front building line of a multifamily dwelling on the lot.
(5) 
For structured parking that is located partially or entirely under a multifamily building, the vehicular entry to the parking area shall be subordinate in design and placement to the principal pedestrian entry into the building. For example, vehicle parking that is not underneath the building but is covered by it shall be effectively shielded from view from the street and sidewalks by any combination of the following methods: fence, trees, or building wall sufficiently articulated to avoid the appearance of a blank wall at the street level.
E. 
Bicycle parking. For multifamily developments with 10 or more units, there shall be a minimum of one covered bicycle storage space per two dwelling units unless waived by the Board.
F. 
Buildings. To the extent not preempted by the State Building Code, the following shall apply to developments in the MCOD:
(1) 
Architecture should demonstrate cohesive planning of the entire development and present a clearly identifiable design feature throughout. It is not intended that buildings be uniform in appearance or that designers and developers be restricted in their creativity; rather, architectural design should demonstrate:
(a) 
Cohesion and identity in similar scale or mass;
(b) 
Consistent use of facade materials; similar ground-level detailing, color or signage;
(c) 
Effective framing of outdoor open space.
(2) 
The orientation of multiple buildings on a lot should reinforce the relationships among the buildings. All building facades (front, side, and rear) shall be treated with the same care and attention in terms of entries, fenestration, and materials.
(3) 
Buildings adjacent to a principal access drive shall have a pedestrian entry facing that access drive. Blank walls adjacent to streets, alleys, or areas open to public view are prohibited.
(4) 
Building forms shall be broken down or subdivided visually to reduce the sense of mass.
(5) 
The functions within a building shall be evident from exterior architectural features. No building within a development may be more than 90 feet from the nearest adjacent building unless approved by the Board.
(6) 
Building entrances shall bring human scale to the facade through the use of design elements such as canopies, storefronts, awnings, porches, stoops, or connectivity to sidewalks through landscaping, lighting, and other site design elements.
G. 
Shared outdoor space. Multifamily housing shall have common outdoor space that all residents can access. The outdoor space may be located in any combination of ground floor, courtyard, rooftop, or terrace.
H. 
Exterior lighting. Throughout the MCOD, the goal of an exterior lighting plan shall be to light sidewalks and walkways, building entrances, and parking areas in a consistent, attractive, safe, and unobtrusive manner that minimizes off-site impacts. To this end, exterior lighting in the MCOD shall conform to the following standards and shall be in accordance with a lighting plan approved by the Board.
(1) 
All light fixtures, including security lighting, shall be cutoff fixtures, and shall be incorporated as an integral design element that complements the design of the building or project through style, material or color.
(2) 
Lighting of or on buildings shall be limited to wall washer-type fixtures or up-lights, which do not produce spill light or glare. Lighting at a building shall not be comprised in whole or part of any floodlights.
(3) 
Pedestrian lighting.
(a) 
Pedestrian lighting shall complement the character, aesthetic appeal, and safety of a development and promote greater pedestrian activity.
(b) 
Pedestrian lighting shall use consistent fixtures, source colors, and illumination levels. To prevent glare and light pollution, developments shall be equipped with downcast or full-cutoff fixtures.
(c) 
When pedestrian lighting is used in conjunction with streetlighting, the illumination provided by the former shall be distinguishable from the illumination provided by the latter to clearly define the pedestrian path of travel.
(d) 
The maximum height of pole-mounted light fixtures shall be 12 feet. Pedestrian bollards shall not exceed four feet in height. Height shall be measured from the finish grade, inclusive of the pedestal, to the top of the fixture.
(e) 
Placement of fixtures shall facilitate uniform light levels and work with the placement of sidewalks, landscaping, signage, building entries, and other features to contribute to the continuity of the streetscape. Where possible, the Board prefers the use of a greater number of low fixtures in a well-organized pattern rather than fewer, taller fixtures.
(4) 
Parking areas.
(a) 
Within parking areas, there shall be a unified system that provides attractive lighting throughout the lot.
(b) 
Fixtures shall minimize spill light and glare onto adjacent properties. Fixtures adjacent to residential districts shall direct the light away from residential properties and limit off-site light levels.
(c) 
The maximum height of light fixtures shall be 18 feet. Height shall be measured from the finish grade, inclusive of the pedestal, to the top of the fixture.
(d) 
Lighting shall complement the lighting of adjacent streets and properties and shall use consistent fixtures, source colors, and illumination levels. When adjacent to walkways, parking area lighting shall not overpower the quality of pedestrian area lighting.
I. 
Utilities. All utilities shall be located underground.
J. 
Waivers. Upon the request of the applicant, the Board may waive by majority vote the requirements of this § 240-16.7 in the interests of design flexibility and overall project quality, and upon a finding that the proposed variation is consistent with the overall purpose and objectives of the MCOD.
A. 
Development of permitted uses within the MCOD shall be subject to § 240-7.2A through D, and the following additional provisions.
B. 
Submission requirements and procedures shall be in accordance with the Board's rules and regulations. All site plan review standards applicable to projects under this section shall be consistent with the purposes of this Article XVI, with MGL c. 40A, § 3A, and the EOHLC's Compliance Guidelines for Multi-Family Zoning Districts Under Section 3A of the Zoning Act, as amended. To the extent that any standard set forth herein exceeds the standard permissible under MGL c. 40A, § 3A, and the EOHLC's Compliance Guidelines for Multi-Family Zoning Districts Under Section 3A of the Zoning Act, as amended, the provisions of MGL c. 40A, § 3A, and the EOHLC's Compliance Guidelines for Multi-Family Zoning Districts Under Section 3A of the Zoning Act, as amended, shall control.
C. 
Decision criteria. The Board shall approve a proposed site plan in the MCOD where it finds that:
(1) 
The applicant has submitted the required fees and filing information as set forth in the Board's rules and regulations;
(2) 
The proposed development addresses the purposes and meets the requirements of this Article XVI, considering:
(a) 
The proposed placement of buildings;
(b) 
Surface water and groundwater drainage and erosion control;
(c) 
Protection against flooding and inundation;
(d) 
Prevention of water and pollution and environmental damage;
(e) 
Provision for adequate utility services;
(f) 
Provisions of off-street parking and loading;
(g) 
Location of intersections of driveways and streets;
(h) 
The effect of additional traffic created by the development on intersections and streets likely to be affected by the proposed development;
(i) 
Provision for pedestrian/bicycle accessways connecting to adjacent open space, neighborhoods, schools, recreation areas or transportation facilities and for alternative transit programs;
(j) 
Provisions for landscaping and adequate screening and buffering; and
(3) 
Any potential adverse impacts of the development on nearby properties, as determined by the Board, can be adequately mitigated.
D. 
Criteria for conditional approval. The Board may impose reasonable conditions on its approval of a site plan as necessary to ensure compliance with the requirements of this Article XVI, or to mitigate any extraordinary adverse impacts of the development on nearby properties, provided that the Board's conditions do not unduly restrict opportunities for housing development by adding unreasonable costs or by unreasonably impairing the economic feasibility of a proposed project.
E. 
Time limit. MCOD project plan approval shall remain valid and shall run with the land indefinitely. The time for commencing construction shall also be extended if the applicant is actively pursuing other required permits for the project, or if there is good cause for the applicant's failure to commence construction, or as may be provided in an approval for a multi-phase project under this § 240-16.10C or D.
The Board shall adopt reasonable administrative rules and regulations to implement these §§ 240-16.7 through 240-16.11. The rules and regulations shall prescribe the form and contents of a complete application for MCOD site plan approval, including filing fees and technical review fees under MGL c. 44, § 53G, as well as any plans, specifications, and reports required for the applicant to demonstrate compliance with this Article XVI and compliance with any other applicable provisions of this bylaw. The rules and regulations shall be on file with the Town Clerk.
Any person aggrieved by the Board's decision may appeal to the Superior Court, the Land Court, or other court of competent jurisdiction within 20 days after the site plan approval decision has been filed with the Town Clerk.
A. 
Minor change. After a site plan has been approved by the Board pursuant to this Article XVI, an applicant may apply to make minor changes involving minor utility or building orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall buildout of the site, or provision of open space, number of housing units, or affordable housing. A change of 5% or less in the number of housing units in a project shall constitute a minor change. Minor changes must be submitted to the Board in accordance with the Board's rules and regulations and shall include redlined prints of the approved site plan. The Board shall issue a written decision to approve or deny the minor changes and provide a copy to the applicant and file it with the Town Clerk.
B. 
Major change. Changes deemed by the Board to constitute a major change in an approved project under this Article XVI because of the nature of the change or because the change cannot be appropriately characterized as a minor change under Subsection A above shall be processed by the Board as a new application for site plan approval under § 240-16.8.