Bellingham City Zoning Code
ARTICLE XXIII
Mill Reuse Overlay District
§ 240-153 Purposes and intent.
The purposes of the Mill Reuse Overlay District are to facilitate the redevelopment and reuse of historic mill buildings in a manner that is appropriate for each site and sensitive to surrounding land uses; to promote housing choices in Bellingham; to provide for regulatory flexibility and intensification of use in existing buildings in order to meet the Town's housing and community development needs; to prevent disinvestment and deterioration of buildings that have become obsolete for their original purposes; and to encourage sustainable mixed-use development.
§ 240-154 Establishment of district.
The Mill Reuse District is hereby established as an overlay district. The district is bounded on the map entitled "Mill Reuse Overlay District," dated August 23, 2004 incorporated by reference in the Zoning Bylaw and on file with the Town Clerk and Building Inspector.[1]
[1]
Editor's Note: A copy of the Mill Reuse Overlay District Map is included as an attachment to this chapter.
§ 240-155 Relationship to existing zoning.
In the Mill Reuse Overlay District, all requirements of the underlying district(s) shall remain in effect except where these regulations supersede or provide an alternative to such requirements. If a property is developed consistent with the Mill Reuse Overlay District. the regulations of the Mill Reuse Overlay District shall apply. Where the provisions of the Mill Reuse Overlay District are silent on a zoning regulation, the requirements of the underlying zoning district shall apply.
§ 240-156 Definitions.
In addition to Article VI of this bylaw, the following definitions shall apply to development in the Mill Reuse Overlay District:
A dwelling unit in a Mill Reuse Project, subject to a legally enforceable deed restriction that runs in perpetuity or for the maximum period allowed by law, and meets all of the following criteria:
The unit must be sold or rented to and occupied by a low- or moderate-income household, meaning a household with income at or below 80% of median family income, adjusted for household size, for the metropolitan or non-metropolitan area that includes the Town of Bellingham, as determined by the U.S. Department of Housing and Urban Development (HUD); and which meets the requirements of the Massachusetts Department of Housing and Community Development (DHCD), Local Initiative Program, under 760 CMR 45.00 et seq., for inclusion in the Chapter 40B Subsidized Housing Inventory as low- or moderate-income housing.
Deed restriction. The affordability of low- or moderate-income units shall be protected by a regulatory agreement and, for homeownership units, by a deed rider acceptable to DHCD and approved as to form by Town Counsel. The regulatory agreement and, where applicable, the deed rider, shall be legally enforceable and recorded at the Registry of Deeds.
DHCD certification. All low- or moderate-income units shall be eligible for listing on the Subsidized Housing Inventory, evidenced by an affordable housing restriction as defined under M.G.L. ch. 184, § 31, and certification signed by the Director of DHCD, both of which must be recorded at the Registry of Deeds.
The sum of the gross floor area on all floors of existing mill building(s), including the basement, measured in square feet, divided by the gross area of the existing lot excluding wetlands subject to control under the Wetlands Protection Act, measured in square feet.
The total number of dwelling units on a parcel of land used for a Mill Reuse Project, divided by the size of the parcel in acres before dedication of any land for roads and other public uses and before the creation of common open space or other common amenities included or to be included as part of the development of the parcel of land.
A predominantly residential development comprised of one or more of the uses authorized under § 240-157 of this bylaw, on a parcel of land with an existing mill building in the Mill Reuse Overlay District.
The sum of the gross floor area on all floors of all proposed buildings in a Mill Reuse Project, including basements, measured in square feet, divided by the gross area of the proposed lot excluding wetlands subject to control under the Wetlands Protection Act, measured in square feet.
§ 240-157 Use regulations.
A.
Permitted uses.
(1)
In the Mill Reuse Overlay District, a Mill Reuse Project comprised of one or more of the following uses shall be permitted in an existing mill building, except that a permitted Mill Reuse Project may not exceed 100 units of multifamily or assisted elderly housing, including any combination thereof.
B.
Uses authorized by special permit. In the Mill Reuse Overlay District, a Mill Reuse Project comprised of one or more of the following uses shall be allowed by special permit from the Planning Board:
(1)
Multifamily or assisted elderly housing in excess of the number of units allowed as a permitted use.
(3)
Continuing care retirement community.
(4)
Nursing home.
(5)
Medical offices or medical clinic.
(6)
Accessory uses.
(a)
Adult day care accessory to a special permitted use.
(b)
Retail or service establishment, or restaurant serving food and beverages only in the building or on a patio adjacent to and directly accessible from the building, primarily for residents, outpatients or employees of a permitted or special permitted use.
(c)
Indoor or outdoor recreation, primarily for residents, outpatients or employees of a permitted or special permitted use.
(d)
Other accessory uses customarily incidental to a special permitted use.
D.
Use variances. Use variances shall not be allowed in the Mill Reuse Overlay District.
§ 240-158 Intensity of use regulations.
The intensity of use regulations for the underlying district(s) as set forth in § 240-40 of this bylaw shall apply to the Mill Reuse Overlay District, except as follows:
A.
Yard setbacks. There shall be no minimum front yard setback requirement.
B.
Gross density. A permitted Mill Reuse Project may not exceed a gross density of nine dwelling units per acre. For a Mill Reuse Project by special permit, the Planning Board may authorize a gross density of up to 12 dwelling units per acre, provided that the project meets the public benefits provisions of § 240-160H of this bylaw, as determined by the Planning Board. For purposes of calculating gross density, areas subject to the Wetlands Protection Act, M.G.L. ch. 131, § 40, for reasons other than being subject to flooding, shall be excluded from the total area of the parcel.
§ 240-159 Procedures for Mill Reuse Projects.
A.
Subdivision control. Where applicable, development in the Mill Reuse Overlay District shall comply with the Planning Board's Rules and Regulations Governing the Subdivision of Land pursuant to the Subdivision Control Law, M.G.L. ch. 41, §§ 81K through 81GG.[1] Planning Board approval of a development plan under § 240-16 or a special permit for a Mill Reuse Project shall neither oblige the Planning Board to approve any related definitive plan nor substitute for such approval.
B.
Development plan approval. All uses in the Mill Reuse Overlay District require development plan approval by the Planning Board and must comply with § 240-16 of this bylaw and the following additional requirements.
(1)
Submittals. In addition to the requirements of § 240-17, the submittals for development plan approval for a Mill Reuse Project shall include:
(a)
Identification of existing trees of more than eight inches caliper, rock outcroppings, wildlife habitats, existing and proposed trails and paths, open space, and proposed conservation and recreation easement areas.
(c)
Table showing the total number of dwelling units and the number of affordable units by type and size on each floor of each building.
(d)
Where applicable, a plan describing the care, custody and control of all dams and water rights.
(e)
Where applicable, a plan for any proposed wastewater treatment facility in accordance with the requirements of the Massachusetts Department of Environmental Protection (DEP) and the Bellingham Board of Health.
(f)
Proposed construction schedule by stage or phase of construction, from the approximate date that construction will begin through the estimated date of construction completion.
(g)
Narrative description of any organization(s) the applicant proposes to form if the development is to be a condominium or other ownership organization, including forms and plans to be used to organize and manage the same, for approval by the Planning Board.
(h)
Copies of all proposed covenants, easements, and other restrictions that the applicant proposes to grant to the Town of Bellingham, the Bellingham Conservation Commission, utility companies, any condominium or other ownership organization and the owners thereof, including plans of land to which they are intended to apply, for approval by the Planning Board.
(i)
Copies of the proposed regulatory agreement for affordable housing units, and where applicable, the proposed deed rider for affordable homeownership units.
(j)
Narrative analysis prepared and documented by a preservation consultant concerning the mill building, associated structures and context. The narrative will include the following information:
[1]
Information required for Massachusetts Historical Commission Survey Form B and, where applicable, Form F;
[2]
Information required for Massachusetts Historical Commission National Register of Historic Places Criteria Statement Form;
[3]
An analysis of the Mill Reuse Project's consistency with the U.S. Secretary of the Interior's Standards for Rehabilitation.
(2)
Decision standards. In addition to the decision standards under § 240-19 of this bylaw, the Planning Board shall base its decision on the following determinations:
(a)
The proposed Mill Reuse Project preserves or enhances the historic significance of existing mill buildings and their context and, where applicable, the eligibility of the same for listing on the National Register of Historic Places as an individual property or a contributing property to an area.
§ 240-160 Mill Reuse Project development standards.
A.
Expansion of existing buildings or new construction. Expansion of existing mill buildings or new construction on the same lot may be allowed for a Mill Reuse Project, provided that all of the following conditions are met:
(1)
The total gross floor area in the proposed project may not result in a proposed floor area ratio that is more than 1.25 times the existing floor area ratio;
(2)
Any expansion is consistent with the U.S. Secretary of the Interior's Standards for Rehabilitation, as determined by the Bellingham Historical Commission.
(3)
Recognizing that a purpose of the Mill Reuse Overlay District is to redevelop property that has become obsolete for its original use, the Planning Board may grant a special permit to allow new buildings in a Mill Reuse Project only upon finding that:
(a)
The new buildings do not detract from the historical significance of existing buildings or reduce the property's potential eligibility for listing on the National Register of Historic Places, as determined by the Bellingham Historical Commission; and
(b)
The new buildings are necessary for essential services such as space for security personnel or a wastewater treatment facility, or components of a continuing care retirement community that cannot reasonably be accommodated in the existing mill building(s), such as independent living units or a nursing home.
B.
Affordable housing. A Mill Reuse Project shall include affordable housing units, as follows:
(1)
At least 5% of all dwelling units shall be affordable housing as defined in this bylaw. Any fraction shall be rounded up to the nearest whole number.
(2)
No building permit shall be issued for a Mill Reuse Project until the applicant has entered into a Local Initiative Program (LIP) Regulatory Agreement with the Town of Bellingham and the Department of Housing and Community Development to assure that all low- or moderate-income housing units meet LIP requirements and qualify for inclusion in the Chapter 40B Subsidized Housing Inventory.
(3)
Homeownership units shall be subject further to a deed rider that preserves affordability upon resale. The deed rider shall be approved in writing by the Department of Housing and Community Development, approved as to form by Town Counsel, and recorded at the Registry of Deeds. No occupancy permit shall be issued for affordable homeownership units until the Building Inspector receives evidence satisfactory to the Planning Board that the deed restriction or deed rider has been approved by DHCD.
(4)
The affordable units shall be sold or rented under a marketing plan approved by the Planning Board.
(6)
The Planning Board shall adopt and from time to time may amend regulations necessary to administer the affordable housing requirements of this bylaw.
C.
Common open space. At least 30% of the parcel used for a Mill Reuse Project shall be protected, usable common open space that is functional for the purposes described below. The common open space shall have no structures, parking, private yards, patios, or gardens that are restricted for the exclusive or principal use by residents of individual dwelling units. The following standards apply to the common open space in a Mill Reuse Project:
(1)
Use, space and location. To the maximum extent feasible, the open space shall be undisturbed and left in its natural condition. It shall be appropriate in size, shape, dimension and location to assure its use as a conservation or recreation area that serves as a visual and natural amenity for the project and the Town.
(a)
Common open space shall be functional for wildlife habitat, passive recreation, forestry, agriculture, access to open water resources, or preservation of views from the road.
(b)
To the maximum extent feasible, the common open space shall be linked as a unit, with links at least 60 feet wide.
(c)
Not more than 50% of the common open space in a Mill Reuse Project may consist of wetlands as defined in M.G.L. ch. 131, § 40.
(d)
Unless approved by the Planning Board, common open space shall not be considered usable if the slope of the finished grade exceeds 25%.
(e)
Existing rights-of-way and utility easements may not be counted as common open space.
(f)
The location(s) of the common open space shall be subject to approval by the Planning Board.
(g)
Land used for shared wastewater disposal or a package treatment plant may count toward the minimum common open space requirement.
D.
Landscaping. For purposes of landscaping requirements, a Mill Reuse Project shall comply with Article XI of this bylaw to the maximum extent practical.
E.
Accessory commercial use limitations. Accessory commercial uses are encouraged in a Mill Reuse Project in order to make ordinary daily activities accessible to residents, particularly to residents who do not drive. At the same time, it is not the intent of this bylaw to promote mill reuse that is predominantly commercial. Accordingly, accessory commercial uses such as retail, personal service or restaurant uses may occupy up to 10%, but in no event more than 20,000 square feet, of the total leasable floor area in a Mill Reuse Project. An individual accessory commercial use may not exceed 5,000 square feet of leasable floor area.
F.
Internal circulation, parking and loading requirements.
(1)
Roadways. The internal roadway(s) serving a Mill Reuse Project shall be adequate for the proposed use as determined by the Planning Board, and shall be maintained by an association of unit owners, the applicant or the entity that owns and manages the development.
(2)
Parking spaces. A Mill Reuse Project shall provide off-street parking spaces for each use in the development in accordance with the following minimum requirements:
(a)
Assisted elderly units. One space per unit, plus one space per two employees on the largest shift and one space for each three units.
(b)
Multifamily units. One space per studio or one-bedroom unit, two spaces per unit with two or more bedrooms except for age-restricted multifamily units, in which case there shall be an average of 1.5 spaces per unit; plus one visitor space for each three units.
(c)
Nursing home. One space per three beds, plus one space per two employees on the largest shift, plus one space per two visiting staff (e.g., attending physician, specialists, etc.).
(d)
Accessory retail, service or bank establishment. One space per 500 square feet of gross floor area but not fewer than three spaces per separate enterprise.
(e)
Accessory restaurant. One space per four seats based on the legal seating capacity of the facility, including seasonal outdoor seating, plus one space per two employees on the largest shift.
(f)
Accessory adult day care. One space per each four persons not residing in the Mill Reuse Project plus one space per two employees.
(h)
Other uses. In accordance with § 240-59K.
(i)
Mixed uses. Requirements for each use shall be added, unless the Planning Board determines that a smaller number is adequate.
(3)
Reserve parking. During the development plan approval process under § 240-16, the Planning Board may authorize a decrease in the number of off-street parking spaces required for a Mill Reuse Project, subject to the following conditions:
(a)
The decrease in number of parking spaces is no more than 30% of the total number of spaces required under Subsection F(2) above. The waived parking spaces shall not be used for building area and shall be labeled as "Reserve Parking" on the site plan.
(b)
The decrease in number of required spaces will not create undue congestion, traffic hazards, or a substantial detriment to the neighborhood, and does not derogate the intent and purpose of this bylaw.
(c)
The reserve parking spaces shall be properly designed as an integral part of the overall parking development, and in no case shall any reserve parking spaces be located within areas counted as setbacks or common open space.
(d)
If, after one year from the date of issuance of a certificate of occupancy, the Building Inspector and/or Planning Board find that all or any of the increased reserve spaces are needed, the Planning Board may require that all or any portion of the spaces identified as increased reserve spaces on the site plan be constructed within a reasonable time period as specified by the Planning Board. A written notice of such a decision shall be sent to the applicant within seven days before the matter is next discussed at a Planning Board meeting.
(4)
Increase in parking spaces. The Planning Board may require provisions for an increase in the number of parking spaces required under Subsection F(2) above, provided that:
(a)
The increase in the number of parking spaces is no more than 20% of the total number of parking spaces required under Subsection F(2) above for the use(s) in question.
(b)
Any such increase in the number of required parking spaces shall be based upon the special nature of a use or building.
(c)
The increased number of parking space shall be labeled "Increased Reserve Parking" on the site plan and shall be properly designed as an integral part of the overall parking layout, located on land suitable for parking development and in no case located within an area counted as yard setback or common open space along the perimeter of the parcel.
(d)
The applicant shall not be required to construct any of the spaces labeled as "Increased Reserve Parking" for at least one year following the issuance of a certificate of occupancy. Where the increased reserve parking area is required by the Planning Board and the applicant has otherwise provided the number of parking spaces required under Subsection F(2) above, the area of land reserved for the increased number of parking spaces may be deducted from the minimum common open space required under § 240-160C.
(5)
Parking for commercial vehicles. Commercial vehicles owned or operated by owners or tenants of the Mill Reuse Project, or their agents, employees, licensees, or suppliers shall be parked inside a garage, or in a suitably screened and designated area, except for commercial vehicles in the active service of receiving and delivering goods or services.
(6)
Parking area design and location. A Mill Reuse Project shall comply with Article X of this bylaw except as follows:
(a)
All off-street parking areas shall be located to the rear or side of all buildings and shall not be located in front setbacks or common open space, except that the Planning Board may waive these requirements for existing parking lots or existing buildings.
(b)
Landscaping of parking areas shall conform to § 240-67C of this bylaw to the maximum extent practical.
(c)
Pedestrian crosswalks shall be provided in appropriate locations and shall be clearly recognizable through the use of raised, textured or color surface treatments in order to aid pedestrians in crossing traffic within a parking area.
(7)
Paths. Wherever feasible, a Mill Reuse Project should include attractively designed paths that separate vehicular, bicycle and pedestrian traffic, provide access to amenities and facilities in the development, and connect to pathways or sidewalks to adjacent sites.
G.
Emergency systems. A Mill Reuse Project shall have an integrated emergency call, and/or telephone and/or other communications system for its residents and/or other tenants. There shall be sufficient site access for public safety vehicles. A plan shall be approved by the Bellingham Fire Department for the emergency evacuation of the residents with emphasis on ensuring the safety of residents with physical impairments.
H.
Public benefits. The Planning Board may grant a special permit to increase the maximum gross density of a Mill Reuse Project, up to the limit established under § 240-158B, as follows:
(1)
Eligible public benefits. To be considered eligible for an increase in the maximum gross density under § 240-158B, a Mill Reuse Project shall provide at least one of the following public benefits in furtherance of the purposes of this bylaw and in a manner satisfactory to the Planning Board:
(a)
Affordable housing. A project in which at least 10% affordable housing units meet the requirements of § 240-160B.
(b)
Common open space. A project that preserves at least 50% of the parcel as common open space meeting the requirements of § 240-160C.
(c)
Green building design. A project that is LEED certified by the U.S. Green Building Council.
(d)
Neighborhood facilities. A project that provides a facility or significant amenity usable by its own residents and residents of the surrounding neighborhood, such as a public park that is landscaped, furnished and accessible to persons with disabilities, or an outdoor recreation area with playing fields and facilities for spectators, or a neighborhood community center.
§ 240-161 Severability.
The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof.