ADJACENT COMMUNITYAn MBTA community that: i) has within its boundaries less than 100 acres of developable station area, and ii) is not an adjacent small town. Norwell is an MBTA adjacent community.
AFFORDABLE UNITA. A multi-family housing unit that is subject to a restriction in its chain of title that limits its sale price or rent, or to a restriction that limits occupancy to an individual or household of a specified income, or both. The limits shall be based upon federal housing and urban development ("HUD") household income guidelines regarding area median income ("AMI") as follows:
(1) Up to 100% of AMI for community housing units subsidized by Community Preservation Act funds.
(2) Up to 80% AMI for moderate affordable units.
(3) Up to 50% AMI for low-income affordable units.
B. Affordable units shall be eligible as local action units for inclusion on HLC's subsidized housing inventory ("SHI") and shall satisfy the requirements for inclusion under 760 CMR
56.03(2) or any other regulation or guidance issued by HLC.
AGE-RESTRICTED HOUSINGAny housing unit encumbered by a title restriction requiring a minimum age for some or all occupants.
AS OF RIGHTDevelopment that may proceed under a zoning ordinance or bylaw without the need for a special permit, variance, zoning amendment, waiver, or other discretionary zoning approval, but includes development that is subject to administrative site plan review.
DEVELOPABLE LANDLand on which multi-family housing can be permitted and constructed. Developable land consists of: i) all privately-owned land except lots or portions of lots that meet the definition of excluded land, and ii) developable public land.
DEVELOPABLE PUBLIC LANDAny publicly owned land that i) is used by a local housing authority; ii) has been identified as a site for housing development in a housing production plan approved by HLC; or iii) has been designated by the public owner for disposition and redevelopment. Other publicly owned land may qualify as developable public land if HLC determines, at the request of an MBTA community and after consultation with the public owner, that such land is the location of obsolete structures or uses, or otherwise is suitable for conversion to multi-family housing, and will be converted to or made available for multi-family housing within a reasonable period of time.
DWELLING UNITA single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
EXCLUDED LANDLand areas on which it is not possible or practical to construct multifamily housing. Excluded land is defined by reference to the ownership, use codes, use restrictions, and hydrological characteristics in Mass GIS and consists of the following:
A. All publicly owned land, except for lots or portions of lots determined to be developable public land.
B. All rivers, streams, lakes, ponds, and other surface waterbodies.
C. All wetland resource areas, together with a buffer zone around wetlands and waterbodies equivalent to the minimum setback required by Title 5 of the State Environmental Code.
D. Protected open space and recreational land that is legally protected in perpetuity (for example, land owned by a local land trust or subject to a conservation restriction), or that is likely to remain undeveloped due to functional or traditional use (for example, cemeteries).
E. All public rights-of-way and private rights-of-way.
F. Privately-owned land on which development is prohibited to protect private or public water supplies, including, but not limited to, Zone I wellhead protection areas and Zone A surface water supply protection areas.
G. Privately-owned land used for educational or institutional uses such as a hospital, prison, electric, water, wastewater or other utility, museum, or private school, college, or university.
GROSS DENSITYA units-per-acre density measurement that includes land occupied by public rights-of-way and any recreational, civic, commercial, and other nonresidential uses.
HOUSING SUITABLE FOR FAMILIESHousing comprised of residential dwelling units that are not age-restricted housing, and for which there are no zoning restriction on the number of bedrooms, the size of bedrooms, or the number of occupants.
LOTAn area of land with definite boundaries that is used or available for use as the site of a building or buildings.
MassGIS DATAThe comprehensive, statewide database of geospatial information and mapping functions maintained by the Commonwealth's Bureau of Geographic Information, within the Executive Office of Technology Services and Security, including the lot boundaries and use codes provided by municipalities.
MBTAThe Massachusetts Bay Transportation Authority.
MBTA COMMUNITYA city or town that is: i) one of the 51 cities and towns as defined in MGL c. 161A, §
1; ii) one of the 14 cities and towns as defined in said MGL c. 161A, §
1; iii) other served communities as defined in said MGL c. 161A, §
1; or iv) a municipality that has been added to the Massachusetts Bay Transportation Authority under MGL c. 161A, §
6 or in accordance with any special law relative to the area constituting the authority.
MIXED-USE DEVELOPMENTDevelopment containing a mix of residential uses and nonresidential uses, including, without limitation, commercial, institutional, industrial, or other uses.
MIXED-USE DEVELOPMENT ZONING DISTRICTA zoning district where multiple residential units are allowed as of right if, but only if, combined with non-residential uses, including, without limitation, commercial, institutional, industrial, or other uses.
MULTI-FAMILY HOUSINGA 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 UNIT CAPACITYAn estimate of the total number of multi-family housing units that can be developed as of right within a multi-family zoning district, made in accordance with the requirements of §
201-29.5B below.
MULTI-FAMILY ZONING DISTRICTA zoning district, including a base district or an overlay district, in which multi-family housing is allowed as of right; provided that the district shall be in a fixed location or locations, and shown on a map that is part of the Zoning Ordinance or Bylaw.
PRIVATE RIGHTS-OF-WAYLand area within which private streets, roads and other ways have been laid out and maintained, to the extent such land areas can be reasonably identified by examination of available tax parcel data.
PUBLIC RIGHTS-OF-WAYLand area within which public streets, roads and other ways have been laid out and maintained, to the extent such land areas can be reasonably identified by examination of available tax parcel data.
PUBLICLY OWNED LANDi) any land owned by the United States or a federal agency or authority; ii) any land owned by the Commonwealth of Massachusetts or a state agency or authority; and iii) any land owned by a municipality or municipal board or authority.
RESIDENTIAL DWELLING UNITA single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation that satisfy the requirements of the State Sanitary Code.
SENSITIVE LANDDevelopable land that, due to its soils, slope, hydrology, or other physical characteristics, has significant conservation values that could be impaired, or vulnerabilities that could be exacerbated, by the development of multi-family housing. It also includes locations where multifamily housing would be at increased risk of damage caused by flooding. Sensitive land includes, but is not limited to, wetland buffer zones extending beyond the Title 5 setback area; land subject to flooding that is not a wetland resource area; priority habitat for rare or threatened species; DEP-approved wellhead protection areas in which development may be restricted but is not prohibited (Zone II and interim wellhead protection areas); and land areas with prime agricultural soils that are in active agricultural use.
SITE PLAN REVIEWA process established by local ordinance or bylaw by which a local board reviews, and potentially imposes conditions on, the appearance and layout of a specific project prior to the issuance of a building permit.
USE PERMITTED AS OF RIGHTA use allowed without any discretionary zoning permits such as variances and special permits, but administrative site plan review shall be allowed.