As authorized by § 198-2705.3 of the Zoning Bylaw and under the authority delegated to the Town of Wayland by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts, known as the "Home Rule Amendment," the Planning Board of the Town of Wayland (Board) adopts these regulations for implementation of the requirements of MGL c. 40A, § 3A and Article 27 of the Town's Zoning Bylaw.
[HISTORY: Adopted by the Planning Board of the Town of Wayland 9-24-2024. Amendments noted where applicable.]
306-2.1.
Pre-application meeting. The Planning Board encourages applicants to meet with the Board prior to the filing of an application so that the Board may provide comments and advice on proposed plans.
306-2.2.
Contents of application.
306-2.2.1.
The property owner or owner's agent, as designated in writing, shall submit a comprehensive plan known as the Site Development and Use Plan depicting an entire development scheme on a lot and/or lots to ensure that site layout, building design, and outdoor amenity spaces meet the requirements of Article 27 and the Performance Standards for Site Layout and Development as established by the Planning Board.
306-2.2.2.
Book and page references to deeds and any trust documents along with a descriptive narrative of the proposed development project shall be included in the application.
306-2.2.3.
Plans shall be stamped/signed by an appropriate registered professional with expertise in the requisite discipline.
306-2.2.4.
Site Plans, accompanied by an index of sheets, shall show at a minimum:
306-2.2.4.1.
Existing descriptive and physical features, such as lot lines, easements, rights-of-way and other such features and matters on record at the Middlesex South Registry of Deeds or its Land Registration Office; land contours at 1-foot intervals; watercourses; wetlands; flood plains; existing trees greater than six (6) inches in diameter; man-made improvements including, but not limited to, all structures and culverts; and vehicular and pedestrian ways;
306-2.2.4.2.
The proposed development including lot lines, easements, rights-of-way, land contours at 1-foot intervals, watercourses, wetlands, flood plains, layout of buildings and structures, vehicular ways and pedestrian ways within the site and connections to adjacent ways including crosswalks, stormwater controls, trees, lawns and landscaping, location of utilities, sewage disposal systems, waste collection areas, amenities, and snow storage;
306-2.2.4.3.
Architectural design of proposed buildings, structures, lighting and signage;
306-2.2.4.4.
Profiles of proposed streets and ways including utilities to be laid in those areas.
306-2.3.
Fees.
306-2.3.1.
The Planning Board shall, without the need for a public hearing, establish and may periodically amend a schedule of fees for applications or requests made under these regulations. No such application or request shall be considered complete unless accompanied by the required fees.
306-3.1.
Grading.
306-3.1.1.
Developments shall avoid major topographical changes; tree and soil removal shall be minimized and any topographic changes shall be in keeping with the appearance of neighboring developed areas;
306-3.1.2.
Whenever the existing contours of the land are altered, it shall be done in a manner that preserves certain natural features, including trees and mature shrubs, wooded areas, rock outcrops, native plants, and areas of aesthetic or ecological interest.
306-3.1.3.
Whenever the existing contours of the land are altered, the land shall be left in a usable condition, graded in a manner to prevent the erosion of soil and the alteration of the runoff of surface water to or from abutting properties, and shall be substantially landscaped.
306-3.2.
Buildings.
306-3.2.1.
Buildings shall be designed and placed with respect to shape, size and orientation to produce a unified and coherent architectural configuration that also maximizes the preservation of open space.
306-3.2.2.
All building facade(s) shall be treated with the same care and attention in terms of entries, fenestration, and materials.
306-3.2.3.
To break up the apparent length of large building walls, various forms of building articulation and design elements shall be employed at least every forty-five (45) horizontal lineal feet, such as projecting bays, variation in building materials, etc.
306-3.2.4.
To break up the apparent height of a building, different materials or step-backs shall be employed to define the base, middle, and top.
306-3.2.5.
Buildings should be scaled to fit in with other nearby buildings.
306-3.2.6.
Building materials should be primarily traditional New England style (Clapboard/ Shingle). Alternative materials will be considered if they are in keeping with nearby buildings. There shall be no more than twenty-four (24) inches of exposed vertical foundation.
306-3.2.7.
Building(s) adjacent to a principal access drive shall have a pedestrian entry facing that access drive.
306-3.2.8.
In developments with multiple buildings, a paved pedestrian network shall provide direct connections between the multiple building entrances as well as connections to parking areas, common spaces and bicycle storage areas.
306-3.2.9.
Where possible, dumpsters or other trash and recycling collection points shall be located within a building.
306-3.2.10.
Commercial uses may be permitted by special permit on the ground level floor of a Mixed-use building with residential dwelling units on the upper floors.
306-3.3.
Shared outdoor space.
306-3.3.1.
Multi-family Dwellings shall have common outdoor space (combined hardscape and softscape) designed to meet the needs of the residents and located in any combination of ground floor, courtyard, rooftop, or terrace areas, and with access for all residents.
306-3.3.2.
Shared Outdoor Amenities shall be provided for all residents. Such amenities may include, but are not limited to, playgrounds, dog parks, sports courts, swimming pools, and outdoor gathering spaces.
306-3.3.3.
Pedestrian connections shall be created on site for residents to access adjacent or nearby bike paths or recreational trails.
306-3.4.
Roadways and vehicular access.
306-3.4.1.
The roadway shall be designed, located, constructed in accordance with the current Subdivision Rules and Regulations.
306-3.4.2.
Curb cuts shall be minimized and shared driveways shall be utilized wherever practical.
306-3.4.3.
The applicant shall provide certification that the Wayland Fire Department has reviewed and approved the configuration of roadways to ensure that they provide adequate access for fire and service equipment.
306-3.4.4.
Bus pick-up and drop-off area(s) shall be provided and shall be located so as not to obstruct traffic on a public way. The applicant shall provide certification that the Wayland Police Department has reviewed and approved the location of bus pick-up and drop-off area(s).
306-3.5.
Parking and loading.
306-3.5.1.
See § 198-2707.2 for minimum parking requirements for residential uses in the MFHD.
306-3.5.1.1.
Electric vehicle (EV) charging stations and EV-ready parking spaces shall be provided in accordance with the Massachusetts Specialized Energy Code as amended or superseded by an updated energy code.
306-3.5.1.2.
For off-street parking facilities of ten (10) or more spaces, surface bicycle racks facilitating locking, shall be provided to accommodate one bicycle per ten (10) parking spaces.
306-3.5.1.3.
Covered bicycle storage spaces shall be provided at a ratio of at least one (1) space per unit when the development exceeds ten (10) units.
306-3.5.2.
Parking requirements to meet the needs of commercial uses shall be evaluated and approved by the Planning Board with consideration of the square footage devoted to commercial use, complementary uses, proximity to public transportation, proximity to street parking, shared parking arrangements.
306-3.5.3.
Parking and circulation shall be organized to create safe and comfortable passageways for pedestrians and reduce the amount of impervious surface.
306-3.5.4.
Parking areas shall have a durable surface of, for example, concrete, asphalt, porous pavement.
306-3.5.5.
Parking areas on site shall be subordinate in design and location to a principal building facade.
306-3.5.6.
Surface parking.
306-3.5.6.1.
Surface parking shall be located to the rear or side of a principal building.
306-3.5.6.2.
Surface parking may not be within a minimum setback area.
306-3.5.6.3.
At least ten percent (10%) of the interior of the parking area shall be maintained with landscaping, including trees and landscape islands, to provide visual relief and environmental benefit.
306-3.5.7.
Attached Garages for Townhouses or for Buildings with 12 or Fewer Dwelling Units.
306-3.5.7.1.
Attached garages shall not be in plane with or project in front of the main front facade or front porch of any unit. They should be recessed by a minimum of twelve (12) inches.
306-3.5.8.
Structured parking facility.
306-3.5.8.1.
Below-ground parking structures are preferred for all buildings other than townhouses. Only buildings with twelve (12) or more units may utilize stand-alone, multi-level, above-ground parking structures if below-ground parking cannot be accommodated on the site.
306-3.5.8.2.
When conditions do not permit entirely underground parking, not more than six (6) feet of parking level may be exposed above ground, as long as the resulting parking structure is screened and buffered sufficient to minimize visibility of the parking structure.
306-3.5.8.3.
Parking structures shall be designed and located so as to minimize congestion on public and private ways.
306-3.5.8.4.
Parking structures shall not exceed the height of any adjacent building in the MFHD and shall be consistent in appearance and finish with buildings containing the multi-family housing dwelling units. Parking structures must comply with MFHD building design standards and limitations as set forth above in § 306-3.2.
306-3.5.8.5.
Parking structures immediately adjacent to a residential building(s) shall be adequately screened year round from view from said residential building(s) by grading, orientation, fencing, and/or plantings sufficient to minimize visibility of the parking structure from the adjacent residential buildings.
306-3.5.9.
Loading areas.
306-3.5.9.1.
Loading areas shall be provided for bulk pick-up and delivery and, where possible, shall be located within a principal building.
306-3.5.9.2.
Parking and loading areas shall be connected to minimize curb cuts where possible.
306-3.6.
Snow storage.
306-3.6.1.
The applicant shall present a snow management plan based on snow storage needs calculations. Snow shall be stored on-site and, if necessary, shall be removed to an off-site location within twenty-four (24) hours after the end of a snow event.
306-3.7.
Landscaping, screening and buffers.
306-3.7.1.
Landscaping shall be designed to promote the establishment, protection and enhancement of the natural landscape; ensure the appropriate use of plant material; preserve natural tree cover; and promote inclusion of new tree planting in order to reduce visual blight, noise and glare, prevent soil erosion, reduce stormwater runoff, increase groundwater discharge, create shade, and reduce solar overheating.
306-3.7.2.
Plant materials shall include species that are native or adapted to the region but may not include plants on the current Massachusetts Prohibited Plant List.
306-3.7.3.
Mechanical equipment including, but not limited to, HVAC, gas meters, electrical meters, and electrical transformers, shall be screened from view and, if located at ground level, screening shall be by a combination of fencing and plantings.
306-3.7.4.
Dumpsters shall be screened from view by a combination of fencing and plantings.
306-3.7.5.
Screening, fencing, and hardscaping shall be of natural materials to the maximum extent practicable. Vinyl fencing, exposed cinderblock walls, and chain link fences shall not be allowed.
306-3.7.6.
Loading areas shall be screened from view from public ways and internal roadways.
306-3.7.7.
Surface parking areas adjacent to a sidewalk or walking path shall be screened by a landscaped buffer of sufficient width, but no less than ten (10) feet, to allow the healthy establishment of trees, shrubs, and perennials.
306-3.7.8.
Only irrigation systems employing rainwater and/or gray water may be used. However, during the "grow in" period, to ensure that the landscaping is established, the use of Town water may be allowed with the prior concurrence of the Department of Public Works.
306-3.8.
Lighting.
306-3.8.1.
The lighting design should accommodate public safety and welfare, and protect the night sky from unnecessary ambient light. Any lighting plan submitted shall be accompanied by a lighting study showing, at a minimum, that the project will meet the following standards:
306-3.8.1.1.
All lighting installations shall be designed to achieve no greater than the minimum luminance levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA).
306-3.8.1.2.
To prevent glare at off-site locations, all outdoor lighting fixtures shall be full cutoff. Where necessary to prevent light trespass or glare, accessories such as hoods and shields shall be used on lighting fixtures. The source of light shall be so arranged and shielded as to prevent direct glare from the light source into any public street or onto adjacent property.
306-3.8.1.3.
Security lighting shall be shielded and directed at a downward angle.
306-3.8.2.
Any free-standing light fixtures shall be coordinated in appearance with any building-mounted light fixtures.
306-3.9.
Utilities.
306-3.9.1.
To the extent practicable, electric, telephone, cable TV, and all other utilities shall be placed underground.
306-3.9.2.
Wastewater shall be managed via an on-site system approved by the Wayland Board of Health for collecting and treating sanitary sewage or by an approved connection to an off-site sewage treatment facility maintained by the Wayland Wastewater Management District Commission.
306-3.9.3.
Supply of sufficient water, whether potable or otherwise, shall be the responsibility of the property owner.
306-3.10.
Signs.
306-3.10.1.
Primary signage may not exceed forty (40) square feet of area in aggregate per lot and fifteen (15) feet in height, including supporting structures and light sources, and may not rise above the front roofline of any building to which it is attached. Waivers may be provided for increased number or size of signs.
306-3.10.2.
Wayfinding signs shall be minimized in number and size to the extent practical.
306-3.10.3.
Signage must be fixed in position, may not rotate or oscillate and may only be externally illuminated.
306-3.10.4.
Street numbers shall be prominently displayed at the main entrance to every building.
306-3.11.
Stormwater management.
306-3.11.1.
The applicant shall demonstrate compliance with federal, state and local requirements for managing stormwater including the most current versions of the Massachusetts Department of Environmental Protection Stormwater Management Standards, the Massachusetts Stormwater Handbook, Massachusetts Erosion and Sediment Control Guidelines, and the Wayland Stormwater and Land Disturbance Bylaw (Chapter 193) and applicable regulations.
306-3.11.2.
The applicant shall prepare and submit an Operation and Maintenance Plan for construction-period activities and post-construction activities including required on-going maintenance and reporting.
306-3.12.
Construction Management Plan.
306-3.12.1.
The applicant shall prepare a plan for site preparation and construction period work that addresses site access, parking for vehicles and equipment, laydown areas, dust control, proposed hours of work.
306-3.13.
Efficiency of design.
306-3.13.1.
Every effort shall be made to design sustainable buildings, to maximize natural light in building interiors and natural ventilation, minimize embodied carbon, utilize renewable resources, and optimize energy efficiency.
306-3.13.2.
Every effort shall be made to use sustainable and renewable materials and construction techniques and to minimize exposure to and consumption of toxins and nonrenewable resources; and to incorporate appropriate environmentally sensitive design techniques.
306-3.14.
Affordable units.
306-3.14.1.
See § 198-2707.4 for the applicable requirements.
306-4.1.
An electronic version of the complete application shall be filed with the Planning Board along with four (4) paper copies (two of the plan sets shall be 24 x 36 inches in size and two may be 11 x 17 inches in size if the plans are legible). The Board may request additional copies. A paper copy shall be filed with the Town Clerk (the plan sets may be 11 x 17 inches in size).
306-4.2.
The Town Planner shall conduct a preliminary review of the application for completeness and then distribute it to the following individuals with a request for comments from their departments and boards within twenty-one (21) days thereafter: Building Commissioner, Conservation Administrator, Director of Public Health, Director of Public Works, Town Surveyor, Fire Chief, Police Chief, and the Town Manager.
306-4.3.
After receipt of comments from the afore-listed departments, the Town Planner or, in the absence of a Town Planner, a designee of the Planning Board shall advise the applicant of any additional materials required to complete the application and/or assessment.
306-4.4.
Upon receipt of all materials from the applicant, the Planning Board shall advise the applicant of the date and time for commencement of the Board's review of the Site Development and Use Plan. For applications requiring just site plan review (SPR), the review shall be an agenda item at a regularly scheduled Planning Board meeting generally forty-five (45) days after filing of the initial application. For applications requiring both a special permit (SP) and SPR, the statutory requirements of MGL c. 40A, §§ 9 and 11 for publication of a legal notice and a public hearing shall govern.
306-4.5.
The applicant shall provide notice by mail, postage prepaid, to direct abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet of the property line of the development as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, and the planning board of that city or town.
306-4.6.
Peer Review - Per MGL c. 44, § 53G and the Planning Board's Rules for Hiring Outside Consultants, the Planning Board or its agent may contract for the services of outside consultants to conduct peer reviews and post-decision review and monitoring. Whenever possible, the same consultant(s) shall be chosen to complement the work of the various Town departments involved in permitting the development. Prior to the initiation of the consulting services, the applicant will pre-pay a peer review fee based on the estimated cost of the services. Any unused portion of the peer review fee will be returned to the applicant. Please see the Board's Regulation for Hiring Outside Consultants under MGL c. 44, § 53G for more information.
306-6.1.
The Planning Board may allow a fully approved project to be constructed in one or more phases.
306-7.1.
In the case of applications requiring just SPR, the Planning Board shall issue its decision on the Site Development and Use Plan Application within one-hundred (100) days after the Application was received by the Planning Board unless a written agreement is entered into by the applicant and the Board extending the time. A majority vote of the Board shall constitute SPR approval. In the case of applications requiring both SP and SPR, the Planning Board shall issue its decision within ninety (90) days after the close of the public hearing in accordance with MGL c. 40A, § 9.
306-7.2.
Site plan approval standards and criteria.
306-7.2.1.
In the case of applications requiring just SPR, the Planning Board, by majority vote shall approve a site plan in the form submitted or with such reasonable conditions relating to the standards and criteria described in § 306-3 as the Planning Board may impose, unless it finds that: (a) the application for site plan approval is incomplete: (b) the imposition of reasonable conditions will not ensure that the project will conform to the standards and criteria described in § 306-3: or (c) the project does not comply with the requirements of the Zoning By-law.
306-7.2.2.
In the case of applications requiring both SP and SPR, the Planning Board may by a super majority of four votes approve a site plan and issue a special permit with conditions upon a finding that the use, building, or structure for which the application was made is in harmony with the general purpose and intent of the Zoning Bylaw. In making that finding, the Planning Board may consider whether the proposal and its features are detrimental or offensive or will derogate from the character of the neighborhood.
306-7.3.
Contents of the decision & findings.
306-7.3.2.
Any waivers that have been granted.
306-7.3.3.
Any reasonable conditions necessary to ensure compliance with the requirements of Chapter 198, Article 27 and the Planning Board's Regulations for Implementation of Article 27 Multi-Family Housing Overlay District Applications, and 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.
306-7.3.4.
Confirmation that all applicable requirements for affordable housing have been satisfied including that the method for computing affordable rents or affordable purchase prices is consistent with the Local Action Unit (LAU) Guidelines of the Executive Office of Housing and Livable Communities (EOHLC) or its successor.
306-7.3.5.
A performance guarantee in such form and in such amount as may be determined by the Planning Board to ensure completion of the development and compliance with the provisions of the Decision as well as a provision for funds to cover post-decision review and construction monitoring.
306-7.3.6.
Time duration. MFHD Site Development and Use Plan Approval shall remain valid provided that substantial construction has commenced within two (2) years after the Planning Board issues the decision, excluding time required to adjudicate any appeal from the Planning Board's Decision. The time for commencing construction may be extended by the Planning Board 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 Development under Chapter 198, Article 27.
306-7.4.
A certified copy of the decision shall be filed with the Town Clerk and mailed to the property owner and, if applicable, the owner's agent. Notice of the decision shall be sent to persons who requested a notice while the record was open.
306-7.5.
If twenty (20) days have elapsed after the decision was filed with the Town Clerk and no appeal was filed, or at such time that an appeal was dismissed or denied, the Town Clerk shall so certify on a copy of the decision. The applicant shall record a copy of the decision at the Middlesex South Registry of Deeds or the Land Registration Office, as appropriate, indexed in the grantor index under the name of the owner of record and recorded and noted on the owner's certificate of title. The responsibility and the cost of the recording and transmittal shall be borne by the owner of the land.
306-8.1.
Modifications to approved site development and use plans.
306-8.1.1.
Minor change. An applicant may apply to make changes to: (i) an approved Site Development and Use Plan that involves 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; (ii) an administrative condition in the development decision. A decrease of five (5) percent or less in the number of housing units in a Development shall constitute a minor change. Desired changes must be submitted to the Planning Board with redlined prints of the Approved Plans showing the proposed deviations and a narrative stating the reasons for the proposed changes. The Planning Board may authorize the proposed changes by majority vote of the Board at any regularly scheduled meeting. The Planning Board shall issue a written decision and provide a copy to the Town Clerk and applicant who shall file it at the Middlesex South Registry of Deeds or the Land Registration Office, as appropriate.
306-8.1.2.
Major change. Proposed increases in the number of housing units, decreases of more than five percent (5%) in the number of housing units, or any changes deemed by the Planning Board to exceed a minor change to an approved Development because of the nature or scope of the change or because the change cannot reasonably be characterized as a minor change shall be processed by the Planning Board as a new Application for a MFHD Site Development and Use Plan under Chapter 198, Article 27.