A. 
Purpose. The purpose of this section is to:
(1) 
Increase the number of dwelling units available for use and occupancy in Town;
(2) 
Adapt properties that are situated in a Single-Family Residential Zoning District so they are supportive of residents at a variety of stages in their lifecycle;
(3) 
Encourage greater diversity and support of all populations with particular attention to young adults, senior citizens, and those with disabilities;
(4) 
Encourage a more economic and efficient use of the Town's housing supply while maintaining the appearance and character of the Town's single-family neighborhoods; and,
(5) 
Provide homeowners with a means of obtaining rental income to defray housing costs.
B. 
Definitions. See Article XI under "Accessory Dwelling Unit." These definitions are applicable only to § 190-39 and do not have applicability to other Sections of this chapter.
C. 
Procedural requirements.
(1) 
A Protected Use Accessory Dwelling Unit (PADU) that conforms to the requirements contained herein shall be permitted "as-of-right," as defined in MGL c. 40A, § 1A, as an accessory use to a Principal Dwelling. This shall not be subject to a Special Permit, or any other discretionary zoning approval from the Zoning Board of Appeals, as long as it meets the criteria herein.
(2) 
An application to obtain a building permit for a PADU shall include a site plan, floor plans, and elevations that meet all requirements as laid out by the Town's Building Inspector to reflect all changes. The application shall be submitted showing all proposed interior and exterior changes to existing buildings or new buildings and improvements on a lot associated with a proposed PADU.
(3) 
Accessory apartments, of any size, previously allowed pursuant to a Special Permit or Variance granted by the Zoning Board of Appeals, shall be deemed a Protected Use Accessory Dwelling Unit hereunder and shall not be subject to any conditions stated in said Special Permit or Variance, including but not limited to owner occupancy, number of tenants, familial tenancy, and parking spaces. Furthermore, any Restrictive Covenants recorded at the Middlesex South Registry of Deeds related to said accessory apartment shall be deemed null and void and have no further force or effect. Finally, no additional ADUs shall be permitted on a lot with a previously approved accessory apartment.
(4) 
If the proposed PADU is located in a Floodplain District, the construction of a PADU shall be subject to the provisions and requirements of § 190-46 of the Zoning Bylaw.
(5) 
PADUs that require an off-street parking space shall be subject to Site Plan Approval administered by the Zoning Board of Appeals. No Unreasonable Regulations, terms or conditions shall be placed upon the PADU as part of the Site Plan Approval in that PADUs are "as-of-right" as defined in MGL c. 40A, § 1A.
(6) 
An applicant may request relief from limitations set forth in this chapter, including those regarding Gross Floor Area and setbacks, by seeking a Special Permit from the Zoning Board of Appeals, provided that no Special Permit shall allow more than one ADU on a Lot. The Zoning Board of Appeals shall not impose any conditions in conflict with 760 CMR 71.03.
D. 
Use and dimensional requirements.
(1) 
One Protected Use Accessory Dwelling Unit (PADU) shall be permitted per lot in a Single-Family Residential Zoning District as an accessory use to a Principal Dwelling. No additional ADUs shall be permitted on the Lot. This provision shall not be subject to a variance or Special Permit.
(2) 
The use of a Lot or structures thereon shall not require owner-occupancy, number of bedrooms restrictions, limitations to the number of tenants, or require familial tenancy in the Principal Dwelling or PADU consistent with 760 CMR 71.03.
(3) 
Except as otherwise stated herein, the PADU shall not exceed 900 square feet or half of the Gross Floor Area of the Principal Dwelling, whichever is smaller, in total square footage. A property owner may increase the size to a maximum of 1,200 square feet by obtaining a Special Permit to do so from the Zoning Board of Appeals.
(4) 
PADUs or the Principal Dwelling they are accessory to shall not be used as a Short-Term Rental.
(5) 
A PADU within a Principal Dwelling shall be accessed through a shared lobby/entry hall with the Principal Dwelling or a dedicated exterior entrance, separate from that of the Principal Dwelling.
(6) 
A PADU that is attached to the Principal Dwelling shall meet the setback requirements for the Principal Dwelling applicable in the zoning district in which the lot is located. A PADU that is detached from the Principal Dwelling must meet the setback requirements for an accessory building set forth in § 190-20H.
(7) 
PADUs, whether part of the Principal Dwelling or detached from it, shall not be subject to the maximum building coverage regulation, FAR, or minimum lot size as outlined by the Table 2, Table of Dimensional Regulations of this chapter.
(8) 
The construction of a PADU shall not require the existing Principal Dwelling or an existing detached Accessory Building in which the PADU is proposed to be brought into compliance with this chapter neither the use or dimensional requirements, including, but not limited to, those as outlined in Table 2, Table of Dimensional Regulations of this chapter.
(9) 
If the detached PADU is located over a garage, the first-floor garage space, unless dedicated to the PADU, is not included in the overall square footage limitations contained herein.
(10) 
A detached PADU is permitted to be a Modular Dwelling Unit and installed on a foundation. This clause shall not supersede any Building Code requirements.
E. 
Parking requirements.
(1) 
There is a zero parking requirement for PADUs constructed on a Lot within a 0.5 mile radius of any Transit Station. A Lot shall be considered to be within the half mile radius if any portion of the Lot touches that half mile radius from the location of the Transit Station.
(2) 
One space per unit shall be provided on-site if all portions of the Lot are located outside of a 0.5 mile radius from a Transit Station.
A. 
Purpose and intent. It is the specific purpose and intent that an art/craft studio, whether attached or detached from the principal building, will be compatible with other permitted uses, particularly in residential neighborhoods.
B. 
General requirements.
(1) 
The space will be principally used as a studio for independent arts/crafts people in the creation of their own work. Mass production and assembly line techniques are prohibited.
(2) 
The type of studio use shall be appropriate to the particular building and its location. The building shall be structurally sound.
(3) 
The proposed studio use will not generate traffic in volume or type in excess of that normally occurring in the adjacent neighborhood.
(4) 
No bulk storage of toxic or highly flammable materials shall occur.
(5) 
The proposed studio use shall satisfy all applicable building, fire safety, and health codes.
(6) 
Noise shall be restricted to levels customarily permitted in the districts.
(7) 
Noxious odors, dust, and fumes shall be effectively disposed of and confined to the premises to avoid air pollution and nuisance to the adjacent neighborhood.
(8) 
The building will conform to dimensional regulations regulated in Article VI.
(9) 
Storage of materials must be carried out within the building.
C. 
Activities. All activities conducted in an accessory structure are limited in size by the provisions governing an accessory building type outlined in Article VI.
(1) 
Such activity shall be carried on only by the person residing on the premises and no more than one person, not a member of the household, shall practice or be employed at one time per studio.
(2) 
There shall be no retail sales except as may occur as an activity incidental to the exhibition permitted below.
(3) 
No display of advertising signs except for a small announcement sign having an area of not more than three square feet.
(4) 
Shipping and delivery is restricted to parcel and small freight carriers.
(5) 
No more than one off-street parking space is permitted for the art/craft accessory use.
D. 
Public exhibitions. Public exhibitions and their advertisement shall not be permitted except as specifically authorized in the special permit. The number and duration of any such exhibitions shall be specifically stated, shall be for arts/crafts created on the premises, and shall only be permitted upon finding that the residential or other prevailing neighborhood character will not be significantly, negatively affected.
E. 
Special permit.
(1) 
The special permit for an art/craft studio accessory use shall terminate upon the death of the owner and the spouse of the owner or upon transfer of title to said premises.
(2) 
In issuing a special permit under this section, the Zoning Board of Appeals shall state the specific arts and crafts uses or range of uses being authorized for each studio granted a permit.
A. 
Single-unit to two-unit dwelling in the Single Residence District. A single-unit dwelling in the Single Residence District may be converted, within the existing building's footprint and volume, to a two-unit dwelling, provided that the dwelling contains nine or more rooms, was originally constructed prior to 1935 and is located on a lot of 12,000 square feet or more. A special permit shall be required from the Board of Appeals.
B. 
Single- or two-unit dwelling to three- or four-unit dwelling in the GR or Business Districts. A single- or two-unit dwelling in the General Residence District or a Business District may be converted by grant of a special permit from the Board of Appeals within the existing building's footprint and volume, to a three- or four-unit dwelling, provided that:
(1) 
The dwelling is located on a lot of 13,000 square feet or more.
(2) 
There shall be a minimum lot area of 3,500 square feet for each dwelling unit provided.
(3) 
There shall be a minimum floor area of 650 square feet for each dwelling unit provided.
(4) 
Conversions in the Business District shall be granted only if the Zoning Board of Appeals determines that the proposed residential use will not be detrimental to the economic health of the Business District and that the proposed location is a suitable residential environment.
(5) 
The conversion shall meet all building codes, fire, safety and health regulations and other sections of this chapter.
A. 
Purpose. The purpose of this section is as follows:
(1) 
To provide for the development and use of alternative housing and nursing care for the elderly.
(2) 
To create home health care, housing and other supportive services for the senior population outside of an institutional setting.
(3) 
To encourage the preservation of open space.
(4) 
To provide alternative housing for seniors that cause relatively little demand on Town services.
(5) 
To preserve the Town's residential character.
(6) 
To provide such accommodations in a manner harmonious with the surrounding land uses while protecting natural resources and open space.
(7) 
To provide housing which is affordable to seniors who are residents of the Town.
B. 
Definitions. See "Senior Housing Facility" in Article XI.
C. 
Applicability. The Zoning Board of Appeals may grant a special permit for a Senior Housing Facility as defined in Article XI. and as set forth in the Table of Use Regulations, subject to the requirements of this section.
(1) 
This section shall not apply to Senior Housing Facilities existing on the date of adoption of this chapter. Any such facility shall be treated as a nonconforming use or structure.
D. 
Dimensional requirements and design standards. Dimensional requirements and design standards shall be as follows:
(1) 
Minimum lot size. The minimum lot size (square feet) shall be that required in the district.
(2) 
Building height. Any addition or new construction shall not exceed the height limitation in the applicable district as measured in accordance with the State Building Code. This shall not preclude the reuse and renovation of existing structures which may exceed this height limit.
(3) 
Building setbacks. Buildings shall be set back the distance required in the district for side and rear yards.
(4) 
Setback from residential dwellings. All principal buildings associated with the Senior Housing Facility shall be no closer than 30 feet from existing residential dwellings unless reduced by the SPGA.
(5) 
Minimum lot frontage. The minimum lot frontage shall conform to the requirements of the district where such use is located.
(6) 
Town services. Facilities shall be serviced by public water and sewer of sufficient capacity to serve the project. Any extension or replacement of sewer or water lines necessary to provide sufficient capacity shall be the responsibility of the applicant.
(7) 
Transportation services. The operator of the facility shall be required to provide or arrange for transportation to Town services and facilities.
(8) 
Access and on-site circulation. Adequate on-site circulation shall be provided to and from the site, taking into consideration the adjacent sidewalks and streets and accessibility of the site and building(s) thereon for emergency vehicles. Adequate provision shall be made for off-street loading and unloading requirements of delivery vehicles and passengers using private transportation.
(9) 
Public safety. The facility shall have an integrated emergency call, telephone and other communication system to provide monitoring for its residents. There shall be sufficient site access for public safety vehicles. A plan shall be approved by the Fire Department for the emergency evacuation of residents with emphasis on ensuring the safety of residents with physical impairments.
(10) 
Landscaping. Landscaping and screening is required to obscure visibility from beyond the boundaries of the premises of parking areas, dumpster locations and loading areas. The minimum setback from all property lines of such parking lots, dumpster locations, and loading areas, except for their points of ingress and egress, shall be 15 feet.
E. 
Accessory uses. The operator of the Senior Housing Facility may also provide optional services on the site for the convenience of residents, including but not limited to transportation, barber/beauty services, sundries for personal consumption, laundry services and other amenities, provided such uses serve primarily the residents and staff of the Senior Housing Facility and the accessory uses shall be wholly within a residential structure and shall have no exterior advertising display.
F. 
Special permit procedure. The procedure for a special permit under this chapter shall be governed by § 190-60.
A. 
Purpose. It is the intent of this chapter to encourage the development (in appropriate locations) of attractive, functional multifamily dwellings and mixed use projects that create street-level, sidewalk activity that responds to the social and economic characteristics and needs of the present and future Wakefield. Mixed use developments, including said dwellings in combination with other uses such as retail, outdoor and indoor dining, day care, educational and office uses that attract pedestrian activity and create walkable neighborhoods are desirable.
B. 
Special permit granting authority (SPGA). Where housing, whether mid-rise apartments, garden apartments, attached dwellings, or combinations of same are allowed by special permit, as provided in the Table of Use Regulations, the Zoning Board of Appeals shall be the SPGA.
C. 
Combination with other uses. Mid-rise apartments, garden apartments, attached dwellings, or combinations of same may be combined with other uses, whether permitted by-right or by special permit within the zoning district, as provided in the Table of Use Regulations, in a single building or group of buildings; however, the Zoning Board of Appeals shall determine whether the proposed combination of uses will or will not be detrimental to the project proposed or to the neighborhood. The Zoning Board of Appeals may deny or condition any special permit to protect the economic health and livability of the street and neighborhood where the proposed project is located.
(1) 
Notwithstanding §§ 190-14F, 190-50, 190-52, and 190-45, where the Table of Use Regulations allows mid-rise apartments, garden apartments, or attached dwellings, the provisions of overlay districts shall not apply to special permits under this chapter.
D. 
Minimum lot size and density.
(1) 
The minimum lot size for a housing or mixed use project under this chapter is 4,000 square feet.
(2) 
Where housing, whether mid-rise apartments, garden apartments, attached dwellings, or combinations of same are proposed within walking distance of commuter rail stations (measured as a 2,500-foot radius from the commuter rail station's boarding area to the nearest lot line of the development parcel) a minimum of 750 square feet of lot area per unit is required. Otherwise, a minimum of 1,200 square feet of lot area per unit is required.
(3) 
There is no additional lot area requirement for other uses, whether permitted by-right or by special permit within the zoning district, as provided in the Table of Use Regulations.
E. 
Parking areas and open space for multifamily dwellings.
(1) 
No open parking or driveway shall be closer than 12 feet to a wall containing windows to habitable rooms of a dwelling unit which is on the ground floor or basement floor. This shall not apply, however, to the following: i) to an individual driveway exclusively serving a single unit or dwelling or ii) underground or structured parking.
(2) 
At least 30% of the total area of the multifamily dwelling complex shall be maintained as open area. (See Article XI for the definition of "open area.")
F. 
Summary of dimensional regulations for multifamily dwellings. The minimum dimensional controls for multifamily dwelling shall be as follows (minimum requirements in feet unless otherwise indicated):
Mid-Rise Apartment Complex
Garden Apartment or Attached Dwelling Complex
Individual Attached Dwellings
Maximum lot coverage %
35
35
401
Open area %
30
30
201
Lot frontage
180
150
18
Lot width
180
150
18
Height in feet
50
35
30
Height — stories
5
3
2.5
Front yard
302
302
20
Side yard
302
302
None
Rear yard
302
302
20
Minimum number of attached units in a row
—
—
3
Maximum number of attached units in a row
—
—
8
Distance between unattached buildings
503
503
—
Notes:
1
Percent of exclusive use zone - see § 190-43H(3).
2
Or height of building, whichever is greater.
3
Or height of taller building, whichever is greater.
G. 
Parking and loading. The minimum parking and loading requirements shall be as specified in Article VI of this chapter.
H. 
Additional requirements.
(1) 
There shall be a paved driveway or paved walk adequate to accommodate emergency vehicles within 50 feet of the outside entrance of each dwelling structure.
(2) 
Individual attached dwellings may be sold as condominium units only and may not be sold as row houses with their own individual lots. Nothing in this subsection is meant to restrict the allocation of outdoor space adjacent to dwelling units for the exclusive use of the occupants of specific dwelling units.
(3) 
In attached dwelling developments, exclusive use zones for the exclusive use of occupants or individual dwelling units shall be shown on the site plan. The ground floor area of the dwelling units shall be shown on the site plan. The ground floor area of the dwelling unit plus the outdoor space allocated for the exclusive use of the dwelling unit shall make up the exclusive use zone. The ground floor of the building shall not occupy more than 40% of the exclusive use zone, and 20% of the exclusive use zone shall be outdoor open area not devoted to driveways or parking areas.
(4) 
No required parking areas for multifamily or attached dwellings shall be placed in the required front yard area of a multifamily or attached dwelling complex, except short-term or visitor parking, which shall not cover more than 40% of such area. This shall not apply, however, to a parking area in the form of a driveway exclusively serving a single unit or dwelling.
I. 
Inclusionary requirement. The intent of this Subsection I is to increase the supply of housing in the Town of Wakefield that is permanently available to and affordable by low and moderate income households and to encourage a greater diversity of housing accommodations to meet the needs of families and other Wakefield residents; and developing and maintaining a satisfactory proportion of the Town's housing stock as affordable dwelling units. To that end, the SPGA at the time of the granting of the special permit pursuant to this chapter shall require the applicant to provide affordable dwelling units equal in number to 18% of the total number of dwelling units provided on the sites which is the subject of such application. Affordable dwelling units shall be defined as dwelling units which count toward the Town of Wakefield's Massachusetts General Laws, Chapter 40B Subsidized Housing Inventory as the same may be amended from time to time. When the percentage calculation does not result in a whole number it shall be rounded to the nearest whole number, but not less than one.
J. 
Inclusionary submittal requirements. If so required by the SPGA, the applicant shall submit to the SPGA a use restriction or regulatory agreement that establishes an affordability restriction for the maximum period allowed by law for the designated affordable dwelling units. The applicant shall provide, when requested by the SPGA, 1) a copy of the application for a Local Initiative Project or similar program, acceptable to the SPGA, that allows the units be added to the Town's subsidized housing inventory under Massachusetts General Laws, Chapter 40B, as amended from time to time; 2) a complete draft regulatory agreement; and 3) a letter stating the site has been preliminarily approved by the EOHLC or successor agency. This is in order to ensure the long-term affordability of the designated affordable dwelling units. The applicant shall submit proof to the SPGA that the use restriction or regulatory agreement was recorded at the Registry of Deeds prior to obtaining any building permit for the project;
K. 
Additional inclusionary requirements.
(1) 
The use restriction or regulatory agreement selected by the applicant shall be subject to the approval of the SPGA using the EOHLC Guidelines. The use restriction or regulatory agreement shall include a right of first refusal upon the transfer of such restricted units for the Town of Wakefield.
(2) 
The affordable dwelling units shall be integrated into the overall development or building in which they are situated so as to prevent the physical segregation of such units and their exterior appearance shall be designed to be indistinguishable from the market rate units in the same development or building.
(3) 
At the time of application, the applicant shall identify the floor areas of all units. The affordable dwelling units shall have the same number of bedrooms as the non-affordable dwelling units on a proportionate or pro-rata basis or they may have a smaller number of bedrooms if agreed to by the SPGA.
(4) 
With the approval of the SPGA, this affordable dwelling unit requirement may be met by placing some or all of the required affordable dwelling units on an alternative site or sites suitable for housing as solely determined by the SPGA. Existing offsite units that are converted to affordable dwelling units shall not be counted in the total number of units for the purpose of determining the required number of affordable dwelling units. However, new offsite housing units created to satisfy the requirement for affordable dwelling units under this chapter, shall be considered part of the total number of units for the purpose of determining the total required number of affordable dwelling units. Offsite affordable dwelling units may be located in an existing structure, but, they must be units which are not already counted in the Town of Wakefield's Massachusetts General Laws, Chapter 40B, Subsidized Housing Inventory, as amended, at the time of the application. Offsite affordable dwelling units provided through this provision shall comply, in all respects other than onsite location, with the requirements of this Subsection K.
(5) 
The following requirement shall be a condition of special permits which require affordable dwelling units in order to prevent disproportionate number non-affordable dwelling units being occupied prior to the completion and occupancy of affordable dwelling units:
(a) 
No market rate units exceeding 25% of the total shall be occupied unless 25% of the affordable dwelling units have been completed and occupancy permits issued therefor.
(b) 
No market rate units exceeding 50% of the total shall be occupied unless 50% of the affordable dwelling units have been completed and occupancy permits issued therefor.
(c) 
No market rate units exceeding 75% of the total shall be occupied unless 75% of the affordable dwelling units have been completed and occupancy permits issued therefor.
(d) 
No market rate units exceeding 95% of the total shall be occupied unless 100% of the affordable dwelling units have been completed and occupancy permits issued therefor.
L. 
Multifamily dwelling dimensional control and exclusive use area relief.
(1) 
The SPGA may allow reductions or alterations in the dimensional controls for multifamily dwellings as required under § 190-43F and Table 2, the Table of Dimensional Regulations, of this chapter by special permit, according to procedures contained in Article X, and if it deems the reductions will enhance the multifamily project as a whole or allow it to benefit the neighborhood in which it is situated or the Town of Wakefield as a whole.
(2) 
The SPGA may reduce the requirements of § 190-43H by special permit, according to procedure contained in Article X, and if it deems the common open space is adequate to accommodate all of the units or dwellings.
A. 
Applicability. Applicants for a residential development may choose to seek approval of an open space development (OSD) special permit to be governed by these requirements and conditions set forth in an open space development (OSD) special permit decision granted by the Planning Board acting as the Special Permit Granting Authority (SPGA), provided that the type of open space development that is sought is allowed at the location as set forth in the Table of Use Regulations.
B. 
Primary purposes. The primary purposes of this chapter are the following:
(1) 
To allow for flexibility and creativity in the design of residential developments.
(2) 
To promote housing affordable to households as diverse as those which have traditionally resided in Wakefield.
(3) 
To encourage the permanent preservation of open space, agricultural land, forestry land, wildlife habitat, other natural resources including aquifers, water bodies and wetlands, and historical and archeological resources in a manner that is consistent with the Wakefield Comprehensive Plan.
(4) 
To encourage a less sprawling and more efficient form of development that consumes less open land and conforms to existing topography and natural features better than commonly occurs with a conventional or grid subdivision.
(5) 
To minimize the total amount of disturbance on the site.
(6) 
To further the goals and policies of the Wakefield comprehensive and open space plans.
(7) 
To facilitate the construction and maintenance of housing, streets, utilities, and public service in an economic and efficient manner.
C. 
Secondary purposes. The secondary purposes of this chapter are the following:
(1) 
To preserve and enhance the community character.
(2) 
To preserve and protect agriculturally significant land.
(3) 
To protect community water supplies.
(4) 
To provide for a diversified housing stock.
D. 
Preapplication for open space development. Applicants for open space development are very strongly encouraged to request a preapplication review at a regular business meeting of the Planning Board. If one is requested, the Planning Board shall invite the Conservation Commission, Board of Health, and any other interested Town agencies or officials to attend. The purpose of a preapplication review is to minimize the applicant's costs of engineering and other technical experts, and to commence dialogue with the Planning Board at the earliest possible stage in the development. At the preapplication review, the applicant may outline the proposed concept plan and an alternative to it, if prepared, seeking preliminary feedback from the Planning Board and its technical experts, and setting a timetable for submittal of a formal application. At the request of the applicant, and at the expense of the applicant, the Planning Board may engage technical experts to review the informal plans of the applicant and to facilitate the applicant's submittal of a formal application for an open space development special permit.
(1) 
The Planning Board shall adopt rules and regulations relative to the size, form, number and contents of the plans to be submitted for a preapplication review.
E. 
Application. An application for a special permit under this chapter shall include a yield plan and one or two concept plans (see below). The Planning Board shall adopt rules and regulations relative to the size, form, number and contents of those plans.
F. 
Yield plan. The basic maximum number of dwelling units to be allowed shall be derived from a yield plan. The yield plan shall show the maximum number of dwelling units that could feasibly be placed upon the site under a subdivision in compliance with the normally applicable use, dimensional, and other requirements, without the provisions of § 190-44L, Reduction in dimensional requirements, or § 190-44M, Open space requirements. The yield plan shall contain the same information as required for a concept plan as set forth below. The proponent shall have the burden of proof with regard to the basic maximum number of dwelling units resulting from the design and engineering specifications shown on the yield plan.
G. 
Concept plan. The concept plan shall be prepared by a registered landscape architect or by a multidisciplinary team of which one member must be a registered landscape architect. The concept plan shall address the general features of the land, give approximate configurations of the buildings, lots, open space, and roadways, and shall include the information listed under § 320-9C of the Subdivision Rules and Regulations of the Wakefield Planning Board. In addition, it is strongly recommended that in order to avoid costly later alterations, the concept plan should also indicate wetlands. The concept plan shall have been developed using the design process outlined in § 190-44A above and the design standards outlined in § 190-44N below.
(1) 
An "OSD concept plan" is one intended to comply with the provisions of § 190-44L, Reduction in dimensional requirements, and § 190-44M, Open space requirements. A "basic concept plan" is one not intended to do so. All provisions of § 190-44D other than § 190-44L, Reduction in dimensional requirements, and § 190-44M, Open space requirements, shall apply to the basic concept plan. An applicant proposing to develop based on a basic concept plan must also submit an OSD concept plan as a basis for comparison. A basic concept plan may serve as the required yield plan.
H. 
Relationship between the special permit plan and other plan requirements.
(1) 
Review of a submittal for either a preliminary or definitive plan approval under the Subdivision Control Law can normally take place concurrent with the § 190-44 special permit process, and approval may be granted concurrent with special permit approval.
(2) 
Neither the concept plan nor development on lots created consistent with an approved OSD special permit require site plan review under § 190-61, Site plan review.
(3) 
No development pursuant to an approved OSD special permit shall take place prior to Planning Board approval of the related definitive subdivision plan or endorsement of a land division plan not requiring such approval. Any OSD special permit issued by the Planning Board shall specifically state that any subsequent plan based upon it and submitted for approval or endorsement under the Subdivision Control Law shall substantially comply with the concept plan as approved or approved with conditions.
(4) 
Any subsequent plan for the premises or portion thereof will be considered not to substantially comply with the OSD special permit if the Planning Board determines that any of the following departures from that permit and its conditions exist, unless in its written determination the Planning Board 1) identifies where the plan substantially departs from the OSD special permit and 2) conditions that determination of compliance on conforming amendments to the OSD special permit being applied for within a specific time period and subsequently approved by the Planning Board:
(a) 
An increase in the number of building lots or dwelling units;
(b) 
A significant decrease in the open space acreage;
(c) 
A significant change in the lot layout;
(d) 
A significant change in the general development pattern which adversely affects natural landscape features and open space preservation;
(e) 
Significant changes to the general stormwater management approach; or
(f) 
Significant changes in the methods for wastewater management.
A public hearing on an application to amend the OSD special permit pursuant to such a conditional determination may, at the applicant's request, be limited to the significant departures identified by the Planning Board in its determination cited at Subsection H(4)(d), above, in which case those identified departures are the only considerations that the Planning Board may take into account in deciding whether to amend the Section OSD special permit.
I. 
General procedures. Procedural matters are set forth below. Check the Planning Board Rules and Regulations for applicable fees and distribution of application materials.
(1) 
Site visit. Whether or not conducted during the preapplication stage, the Planning Board may conduct a site visit during the public hearing, At the site visit, the Planning Board or its agents shall be accompanied by the applicant or its agents.
(2) 
Other information. The submittals and permits of this chapter shall be in addition to any other requirements of the Subdivision Control Law or any other provisions of this Zoning Bylaw. To the extent permitted by law, the Planning Board shall coordinate the public hearing required for any application for an OSD special permit with its action on a preliminary subdivision plan or the public hearing required for approval of a definitive subdivision plan.
J. 
Six-step design process. At the time of the application for an OSD special permit, applicants are required to demonstrate to the Planning Board that the following design process was performed with participation by a registered landscape architect and was considered in determining the layout of proposed streets, dwellings, lots and open space.
Step one: Identifying conservation areas. Identify preservation land by two steps. First, primary conservation areas (such as wetlands, riverfront areas, and floodplains regulated by state or federal law) and secondary conservation areas (including unprotected elements of the natural landscape such as steep slopes, mature woodlands, prime farmland, meadows, wildlife habitats and cultural features such as historic and archeological sites and scenic views) shall be identified and delineated. Second, the potentially developable area shall be identified and delineated. To the maximum extent feasible, the potentially developable area shall consist of land outside identified primary and secondary conservation areas.
Step two: Siting dwellings. Locate the approximate sites of individual dwelling structures within the potentially developable area and include the delineation of private yards and shared amenities, so as to reflect an integrated community, with emphasis on consistency with the Town's historical development patterns. The number of units enjoying the amenities of the development should be maximized.
Step three: Aligning the streets and walks. Align streets in order to access the dwellings. Additionally, new walks or trails should be laid out where appropriate to create internal and external connections to existing or potential future streets, sidewalks, and trails.
Step four: Lot lines. Draw in the lot lines.
Step five: Applicants shall provide building plans, landscape plans showing fences and walls, plantings, and existing and proposed trees, and provide sample building materials and color samples. The Planning Board may request models and renderings, rendered elevations of all buildings and site amenities. At the time final lot lines are proposed, the applicant shall submit draft covenants for drainage maintenance, open space preservation and maintenance, and any other covenants and easements that may be proposed. Subsequently, the applicant may submit a draft Planning Board decision with conditions to implement the project as proposed.
Step six: Prior to cutting trees on the site, blasting, grading, or changing ground elevations and prior to submitting plans for any building/construction permits, including foundations and installation of drainage or utilities, the applicant shall submit all permit plans to the Planning Board for review and approval. Such prior approval by the Planning Board shall be documented on every individual permit plan set submitted to the Inspectional Services Department and Department of Public Works. For verification, the Planning Board shall designate a subcommittee to review and approve plans submitted for permits. Subsequent to obtaining any permits, the Planning Board may, at the applicant's expense, retain a professional third-party monitoring agent to verify the project is constructed as approved.
K. 
Reduction of dimensional requirements. Lot area, lot frontage and width, and yard setback requirements of Table 2, Table of Dimensional Regulations (including footnotes 1 through 7) and the provisions of § 190-19 shall not apply to individual lots within a development authorized under an OSD special permit as long as the resulting number of dwelling units within the development does not exceed the basic maximum determined by the yield plan, provided that the Planning Board has approved the proposed dimensional provisions, subject to the following limitations:
(1) 
Lots having primary frontage on a street other than a street created by the development shall not have reduced frontage unless the Planning Board determines that doing so improves consistency of building spacing and bulk with the character of the existing vicinity.
(2) 
At least 50% of the required frontage and yard setbacks for the district shall be maintained in the development unless a further reduction is authorized by the Planning Board reflecting special circumstances.
(3) 
Maximum building coverage and minimum open space requirements shall apply only in the aggregate to the total development, not to individual lots.
(4) 
The distance between buildings required in Table 2, Table of Dimensional Regulations, shall apply only in relation to separation between buildings, one of which is within the development and the other is located outside of it.
(5) 
Maximum number of stories and maximum height in feet shall be as provided in Table 2, Table of Dimensional Regulations.
L. 
Open space requirements. The following open space minimum requirements must be met when filing a basic concept plan as provided under § 190-41H. The applicant may propose and be bound by greater standards. A minimum of 10% of the land contained within the development parcel shall be identified as usable open space land (see Definitions and word usage in Article XI) and a minimum of 15% of the land contained within the development parcel shall be identified as open space land (see Definitions and word usage, Article XI); therefore, a minimum of 25% of the development parcel will be classified as open space. The applicant shall provide a concept plan and subsequent definitive subdivision plan that identifies both the open space land and usable open space land as separate nonbuildable lots. The definitive subdivision plans for the development shall include easements and rights of access to enter and maintain said open space land and usable open space land parcels. The applicant shall prepare and record restrictive covenants or easements enforceable by the Town, a homeowners' association of the development, or a subsequent individual lot-owner within the development. Said restrictive covenants or easements shall:
(1) 
Be in a form satisfactory to the Planning Board.
(2) 
Provide that such land shall be perpetually kept in an open state.
(3) 
Specify whether public access is contemplated, the manner of such access, and control thereof.
(4) 
Provide the manner that the parcels shall be maintained and the funding for such care.
(5) 
Provide monitoring as to whether the open space parcels are being preserved for purposes set forth herein; and Provide default provisions should the covenant fail to accomplish its intended purposes.
M. 
Generic design standards. The following generic and site specific design standards shall apply to all developments authorized under an OSD special permits and shall govern the development and design process:
(1) 
The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas. The orientation of individual building sites shall be such as to maintain existing natural topography and cover. Topography, tree cover, and natural drainageways shall be treated as fixed determinants of road, dwelling and lot configuration rather than as malleable elements that can be changed to follow a preferred development scheme.
(2) 
Streets shall be designed and located in such a manner as to maintain and preserve natural topography, significant landmarks, and trees; to minimize cut and fill; and to preserve and enhance views and vistas on or off the subject parcel.
(3) 
Development shall be related harmoniously to the terrain and the use, scale, and architecture of existing buildings in the vicinity that have functional or visual relationship to the proposed buildings. Proposed buildings shall be related to their surroundings.
(4) 
The removal or disruption of historic, traditional or significant uses, structures, or architectural elements shall be minimized insofar as practicable, whether these exist on the site or on adjacent properties.
N. 
Site specific design standards.
(1) 
Setbacks, building orientation and alignment, preservation of site features, public spaces, streetscape, street layout, and driveways and parking shall be in substantial conformance with "6.0 Design Guidelines" in the housing component of the Wakefield Master Plan, May 20, 2003, or later version accepted by Town Meeting.
(2) 
Parking. Parking shall be provided as required at § 190-33. Parking spaces in front of garages may count in this computation. All parking areas with more than three spaces shall be screened from view. Garage doors shall not be oriented to the street unless set back at least 10 feet behind the dwelling's front building line.
(3) 
Buffer areas. A buffer area of not less than 20 feet shall be provided around identified resource areas on or adjacent to the tract, such as ponds, wetlands, streams and riverfront areas, rock outcrops, ledge, agricultural or recreational fields, and land held for conservation purposes. Driveways necessary for access and egress to and from the tract may cross such buffer areas. No vegetation in this buffer area shall be disturbed, destroyed or removed, except for normal maintenance of structures and landscapes approved as part of the project. The Planning Board may waive the buffer requirement in these locations when it determines that a smaller buffer (or no buffer) will suffice to accomplish the objectives set forth herein.
(4) 
Drainage. Open (nonstructural) stormwater management techniques (such as swales) and other drainage techniques that reduce impervious surface and enable infiltration should be used wherever appropriate. All structural surface stormwater management facilities shall be landscaped in accordance with a conceptual landscape plan.
(5) 
Common/shared driveways. Common or shared driveways are allowed in compliance with § 190-33.
(6) 
On-site pedestrian and bicycle circulation. Walkways and bicycle paths shall be provided to link residences with parking areas, recreation facilities (including parkland and open space) and adjacent land uses where appropriate.
(7) 
Disturbed areas. At least 40% of the total tract area shall be retained essentially in its natural vegetated state.
O. 
Decision of the SPGA. The SPGA may approve or approve with conditions a special permit for an open space development if it determines that the proposal will meet the requirements of this chapter and will result in a well designed development under a basic concept plan, if one has been submitted, or better than would development without reliance upon § 190-41L, Reduction of dimensional requirements, and § 190-41M, Open space requirements, if no basic concept plan has been submitted.
(1) 
In the event of disapproval of an OSD special permit or in the event that an appeal of the Planning Board's action on an OSD special permit is filed under Section 17 of MGL Chapter 40A, by any party other than the petitioner, a development plan for the same premises prepared without reliance upon this chapter may be submitted under the Subdivision Control Law.
A. 
Purpose. The intent of this chapter is to increase the supply of housing in the Town of Wakefield that is permanently available to and affordable by low- and moderate-income households and to encourage a greater diversity of housing accommodations to meet the needs of families and other Wakefield residents, and developing and maintaining a satisfactory proportion of the Town's housing stock as affordable dwelling units.
B. 
Affordable requirement. To that end, developments made subject to this chapter by other provisions of this chapter shall assure that at least 18% of the total number of dwelling units in the development (rounded to the nearest whole number) will be affordable, as provided below.
C. 
Special permit. The Planning Board shall act as the Special Permit Granting Authority (SPGA). An applicant shall submit an application for a special permit to the SPGA for the use involved a use restriction or regulatory agreement for the designated affordable dwelling units. That agreement shall establish an affordability restriction for the maximum period allowed by law together with the special permit application the applicant shall provide:
(1) 
A complete draft regulatory agreement among the above agency, the developer, and the Town Council.
(2) 
Prior to obtaining any building permit for the project, the applicant shall submit proof to the SPGA that the use restriction or regulatory agreement was recorded at the Registry of Deeds. The use restriction or regulatory agreement selected by the applicant shall be subject to the approval of the SPGA using the EOHLC Guidelines. The use restriction or regulatory agreement shall include a right of first refusal for the Town of Wakefield upon the transfer of such restricted units.
(3) 
The affordable dwelling units shall be integrated into the overall development or building in which they are situated so as to prevent the physical segregation of such units. Their exterior appearance shall be designed to be consistent with that of the market rate units in the same development or building, except for size;
(4) 
At the time of application, the applicant shall identify the approximate floor areas of all units. The affordable dwelling units shall have the same number of bedrooms as the market rate dwelling units on a proportionate or pro-rata basis or they may have a smaller number of bedrooms if agreed to by the special permit granting authority.
(5) 
With the approval of the SPGA, this affordable dwelling unit requirement may be met by placing some or all of the required affordable dwelling units on an alternative site or sites suitable for housing as solely determined by the SPGA. Off-site affordable dwelling units may be located in an existing structure, but they must be units which are not already counted in the Town of Wakefield's Massachusetts General Laws, Chapter 40B, Subsidized Housing Inventory, as amended, at the time of the application. Off-site affordable dwelling units provided through this provision shall comply in all respects other than on-site location with the requirements of this chapter, with the following clarifications and modifications. Existing off-site units that are converted to affordable dwelling units shall not be counted in the total number of units for the purpose of determining the required number of affordable dwelling units. However, new off-site housing units created to satisfy the requirement for affordable dwelling units under this chapter shall be considered part of the total number of units for the purpose of determining the total required number of affordable dwelling units.
(6) 
The following requirement shall be a condition of special permits which require affordable dwelling units in order to prevent a disproportionate number of market rate dwelling units being occupied prior to the completion and occupancy of the affordable dwelling units:
(a) 
No market rate units exceeding 25% of the total shall be occupied unless 25% of the affordable dwelling units have been completed and occupancy permits issued therefor.
(b) 
No market rate units exceeding 50% of the total shall be occupied unless 50% of the affordable dwelling units have been completed and occupancy permits issued therefor.
(c) 
No market rate units exceeding 75% of the total shall be occupied unless 75% of the affordable dwelling units have been completed and occupancy permits issued therefor.
(d) 
No market rate units exceeding 95% of the total shall be occupied unless 100% of the affordable dwelling units have been completed and occupancy permits issued therefor.