[Added 5-5-2025 ATM by Art. 17]
[1]
Editor's Note: Former Article VIII, Planned Business Development, added 6-4-1973 ATM, Art. 6 (Amdt. No. 45), as amended 5-2-1977 ATM, Art. 13 (Amdt. No. 50), was repealed 6-16-1997 ATM, Art. 47 (Amdt. No. 105).
A. 
Purpose.
The purpose of the MBTA Communities Multi-family Downtown Plus Overlay District (MCMOD) is to allow multi-family housing as of right in accordance with Section 3A of the Zoning Act (Massachusetts General Laws Chapter 40A).
B. 
Establishment and applicability.
This MCMOD Downtown Plus is an overlay district having a land area of approximately 68.25 acres in size that is superimposed over the three underlying zoning district(s) and is shown on the Zoning Map.
(1) 
Applicability of MCMOD. An applicant may develop multi-family housing located within a MCMOD in accordance with the provisions of this § 165-60.
(2) 
Underlying zoning. The MCMOD is an overlay district superimposed on underlying zoning districts. The regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the respective underlying zoning district(s) shall remain in full force and shall apply to those uses designated as Permitted Uses in the MCMOD unless those regulations conflict with the specific requirements set forth in this bylaw, in which case the requirements of this bylaw shall control. Uses that are not identified in § 165-60 as Permitted Uses are governed by the requirements of the underlying zoning district(s).
(3) 
Sub-districts. The MCMOD contains the following sub-districts, all of which are shown on the MCMOD Boundary Map:
(a) 
Longview District, which is generally comprised of a certain parcel along Patriot Lane;
(b) 
Downtown District, which is generally comprised of certain parcels along the intersection of Routes 97 & 133;
(c) 
Housing Authority District, which is generally comprised of certain parcels along Trestle Way.
C. 
Definitions.
For purposes of this section, the following definitions shall apply.
APPLICANT
A person, business, or organization that applies for a building permit, Site Plan Review, or Special Permit.
AS OF RIGHT
Development 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.
BUILDING COVERAGE
The maximum area of the lot that can be attributed to the footprint of the buildings (principal and accessory) on that lot. Building Coverage does not include surface parking.
DWELLING, TWO-FAMILY
A building designed for or containing two dwelling units.
LOT
An area of land with definite boundaries that is used or available for use as the site of a building or buildings.
LOT COVERAGE
The percentage of the plot or lot area covered by the building, paved area, surface parking, or other built structures.
MBTA
Massachusetts Bay Transportation Authority.
MIXED-USE DEVELOPMENT
Development containing a mix of residential and commercial uses.
MULTI-FAMILY HOUSING
A building with 3 or more residential dwelling units or 2 or more buildings on the same lot with more than I residential dwelling unit in each building.
DWELLING, TWO-FAMILY
A building designed for or containing two (2) dwelling units.
OPEN SPACE
Contiguous undeveloped land within a parcel boundary.
PARKING, SURFACE
One or more parking spaces without a built structure above the space. A solar panel designed to be installed above a surface parking space does not count as a built structure for the purposes of this definition.
PERMIT GRANTING AUTHORITY
The Permit Granting Authority shall include the Planning Board for the issuance of permits.
RESIDENTIAL DWELLING UNIT
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking. and sanitation.
SECTION 3
Section 3A of the Zoning Act (G.L. c.40A).
SITE PLAN REVIEW AUTHORITY
The Planning Board shall have authority over site plan review
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.
D. 
Permitted uses.
(1) 
Uses permitted as of right. The following uses are permitted as of right within the MCMOD:
(a) 
Multi-family housing.
(b) 
Two-Family dwellings.
(c) 
Business uses as allowed in the "Business and Commercial A" (CA) district, as shown in Chapter 165 attachment 2 "Use Regulations Schedule," when part of a mixed-use development and located on the ground floor.
E. 
Dimensional standards.
(1) 
Table of Dimensional Standards. Notwithstanding anything to the contrary in the Zoning Bylaw, the dimensional requirements applicable to the Permitted Uses in the MCMOD are as follows:
Standard
Longview
Downtown
Housing Authority
Lot Size (square feet)
Minimum Height
5,000
10,000
5,000
Stories (Maximum)
3
2.5
3
Feet (Maximum)
40
35
40
Open Space
Minimum Open Space
40%
50%
Max Lot Coverage
60%
Setbacks (feet)
Front yard setback
20
0
20
Rear yard setback
10
10
10
Side yard setback 1
15
0
15
Side yard setback 2
15
0
15
Parking
Minimum # of parking spaces per unit
1 per one bedroom or studio
1 per one bedroom or studio
1 per one bedroom or studio
2 per two bedroom or greater
2 per two bedroom or greater
2 per two bedroom or greater
Density Dwelling units (per acre)
Density, Maximum
15 units per acre
15 units per acre
15 units per acre
(2) 
Multi-building lots. In the MCMOD, lots may have more than one principal building.
(3) 
Exceptions. Limitations of height shall not apply to flagpoles, chimneys, radio and television antennae, windmills, silos, water tanks, public utility structures, solar panels, and similar non-inhabitable structures.
F. 
Off-street parking
These parking requirements are applicable to development in the MCMOD.
(1) 
Number of parking spaces. The following minimum numbers of off-street parking spaces shall be permitted by use, either in surface parking or within garages or other structures:
(a) 
1 space per studio or 1 bedroom dwelling unit, 2 spaces per two bedroom or greater.
G. 
Site plan approval
(1) 
Applicability. Site plan approval pursuant to § 165-83 of the Zoning Bylaw is required for a Permitted Use that proposes 3 or more dwelling units.
H. 
Affordability requirements
(1) 
All requirements of § 165-71, "Inclusionary Housing Balance Bylaw" of this zoning bylaw shall apply to this § 165-60.
I. 
Design guidelines
(1) 
The Planning Board may adopt and amend, by simple majority vote, Design Standards which shall be applicable to all rehabilitation, redevelopment, or new construction within the MCMOD. Such Design Guidelines must be objective and not subjective and may only address the scale and proportions of buildings, the alignment, width, and grade of streets and sidewalks, the type and location of infrastructure, the location of building and garage entrances, off street parking, the protection of significant natural site features, the location and design of on-site open spaces, exterior signs, and buffering in relation to adjacent properties. Design Guidelines may contain graphics illustrating a particular standard or definition in order to make such standard or definition clear and understandable.