Bellingham City Zoning Code
ARTICLE XXX
MBTA Communities Overlay District
§ 240-212 Purposes.
A.
The purpose of the MBTA Communities Overlay District (MCOD) is to provide for as-of-right multifamily housing development under MGL c. 40A, § 3A, and the Section 3A Compliance Guidelines of the Executive Office of Housing and Livable Communities (EOHLC), as may be amended from time to time. In addition, the purposes of this district are to:
(1)
Encourage production of housing to provide equal access to new housing throughout the community for people with a variety of needs and income levels;
(2)
Establish requirements, standards, and guidelines, and ensure predictable, efficient, and thorough development review and permitting;
(3)
Creation of effective housing options for low- and moderate-income households; and
(4)
Opportunities to create additional housing on land adjacent to existing high-density multifamily developments.
§ 240-213 Applicability.
B.
At the option of the applicant, development of land within the MCOD may be undertaken subject to the requirements of this Article XXX or by complying with all applicable requirements of the underlying district. Developments proceeding under this Article XXX shall be governed solely by the provisions herein and the standards or procedures of the underlying districts shall not apply. Where the MCOD authorizes uses and dimensional controls not otherwise allowed in the underlying district or any applicable overlay district, the provisions of the MCOD shall control. Uses and dimensional controls of the MCOD are not subject to any special permit requirements of the underlying district or applicable overlay districts.
§ 240-214 Definitions.
As used in this Article XXX, the following definitions shall apply. To the extent that there is any conflict between the definitions set forth herein or Article VI or Article XV, this Article XXX shall control.
A contract, mortgage agreement, deed restriction, or other legal instrument, acceptable in form and substance to the Town, that effectively restricts occupancy of an affordable housing unit to a qualified purchaser or renter, and which provides for administration, monitoring, and enforcement of the restriction during the term of affordability. An affordable housing restriction shall run with the land in perpetuity or for the maximum period allowed by law, and be entered into and enforceable under the provisions of MGL c. 184, §§ 31 through 33 or other equivalent state law.
A dwelling unit constructed per the requirements of this Article XXX, restricted for rent or purchase and occupancy by a low- or moderate-income household, and which is eligible for inclusion in the Chapter 40B Subsidized Housing Inventory, as determined by the Executive Office of Housing and Livable Communities (EOLHC).
A gross household income that does not exceed 80% of Area Median Income (AMI), as determined by the U.S. Department of Housing and Urban Development (HUD), or any other limit established under MGL c.40B, its regulations or any amendment thereto.
A dwelling unit in a residential or mixed-use development that is not restricted in terms of sale price or rent.
A dwelling with (a) three or more residential units or (b) two or more residential buildings on the same lot, each having two or more residential units.
§ 240-215 Permitted uses.
The following uses shall be permitted in the MCOD.
§ 240-216 Density and dimensional regulations.
Development in the MCOD shall comply with the following density and dimensional requirements and shall not be subject to Article VII of this bylaw.
Standard | North Main Street | Mechanic Street |
|---|---|---|
Minimum lot area (sq. ft.) | 80,000 | 35,000 |
Maximum lot coverage | 30% | 30% |
Maximum building height | ||
Stories (maximum) | 3 | 4 |
Feet (maximum) (lin. feet) | 40 | 50 |
Minimum frontage (lin. feet) | 100 | 100 |
Minimum required setbacks: (lin. feet) | ||
Front | 30 | 20 |
Side | 15 | 10 |
Rear | 20 | 20 |
Maximum units per acre | 20 | 20 |
A.
Exceptions.
(1)
Vertical projections or roof structures that house elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, or to fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, wireless, radio or television masts, silos, energy generation and conservation apparatus, or similar unoccupied features, may be erected above the height limits in this § 240-216 provided the structures are in no way used for living purposes and do not constitute more than 25% of the ground floor area of the building.
(2)
The Planning Board may waive the minimum side setback for a project in which multifamily dwellings are divided by a zero-lot line.
B.
More than one residential or accessory building or structure shall be allowed on a lot. The minimum separation between buildings on a lot shall comply with the State Building Code and Massachusetts Fire Code.
§ 240-217 Affordable housing.
Any residential or mixed-use development in the MCOD shall provide affordable units in accordance with the following.
A.
In any multifamily development resulting in a net increase of 10 or more dwelling units on any parcel or contiguous parcels comprising a proposed development site, at least 10% of the dwelling units shall be affordable units as defined in § 240-214. Fractions shall be rounded down to the next whole number.
B.
Developments shall not be segmented to avoid compliance with this Article XXX. Segmentation shall mean one or more divisions of land that cumulatively result in a net increase of 10 or more lots or dwelling units above the number existing 36 months earlier on any parcel or set of contiguous parcels held in common ownership on or after the effective date of this Article XXX.
C.
All the affordable units required in a proposed development shall be located within the development site and shall be comparable to the market-rate units.
(1)
Design. Affordable units must be dispersed throughout a project and be comparable in construction quality and exterior design to the market-rate units. The affordable units shall have the same access to all on-site amenities and open space as the market-rate units.
(2)
Timing. All affordable units must be constructed and occupied concurrently with or prior to the construction and occupancy of market-rate units or development.
(3)
The unit mix (i.e., the number of bedrooms per unit) of the affordable units shall be in the same proportion as the unit mix of the market-rate units.
D.
All affordable units created under this Article XXX shall be subject to an affordable housing restriction approved by the Planning Board, Town Counsel, and the Executive Office of Housing and Livable Communities (EOHLC). The restriction shall run with the land in perpetuity under MGL c. 184, §§ 31 through 33 and shall be recorded with the Norfolk County Registry of Deeds or Registry District of the Land Court prior to issuance of a building permit.
§ 240-218 Development standards.
A.
Developments in the MCOD shall conform to the standards in this Article XXX and the following:
B.
Setbacks and buffers. No use other than landscaping, sidewalks, or amenities such as a courtyard, recessed entrance, sidewalk, or permitted signs shall be permitted in the front yard of any lot.
C.
Sidewalks, internal walkways, and landscaping.
(1)
Sidewalks shall be separated from the road or access drive with a three-foot-wide landscaped buffer to protect pedestrians and create a pleasing environment unless pre-existing conditions make it infeasible or where state jurisdiction supersedes local control. The landscaped buffer shall consist of shade trees placed at appropriate intervals and other landscaping, and street design elements such as benches, shrub, or grass. Landscaping shall be organized in clusters of plantings rather than in a rigid line along the front of the lot.
(2)
All developments shall provide walkways connecting building entrances to building entrances, buildings to streets, and buildings to sidewalks with minimal interruption by driveways. All walkways shall comply with the Massachusetts Architectural Access Board's standards for accessible walkways.
(3)
To the maximum extent possible, walkways should have some degree of shelter achieved through the use of trees, low hedges, trellised walks, or other means to achieve pedestrian refuge.
(4)
Parking lot aisles and access and interior driveways shall not count as walkways.
(5)
Proposed site landscaping shall be designed to accommodate adequate sight distances at all vehicular access and egress points and abutting public or private rights-of-way.
(6)
A landscape plan, prepared and stamped by a Massachusetts Licensed Landscape Architect, shall be included in the submission to delineate location, type, and size of proposed landscaping.
D.
Shared outdoor space. Multifamily housing shall have common outdoor space that all residents can access. The outdoor space may be located in any combination of ground floor, courtyard, rooftop, or terrace.
E.
Off-street parking. Development in the MCOD shall comply with Article X except as modified below. Any conflict between this Article XXX and Article X shall be resolved in favor of this Article XXX.
(1)
The minimum number of off-street parking spaces for multifamily dwellings shall be 1.25 spaces per unit.
(2)
Parking shall be located in the rear of the proposed buildings to the greatest extent practicable. No parking areas shall not be located within the front and side setbacks.
(3)
Accessory structured parking shall be located at least 20 feet behind the front building line of the multifamily dwelling on the lot.
(4)
For structured parking that is located partially or entirely under a multifamily or mixed-use building, the vehicular entry to the parking area shall be subordinate in design and placement to the principal pedestrian entry into the building. For example, vehicle parking that is not underneath the building but is covered by it shall be effectively shielded from view from the street and sidewalks by any combination of the following methods: fence, trees, or building wall sufficiently articulated to avoid the appearance of a blank wall at the street level.
F.
Bicycle parking. For multifamily developments with 10 or more units, there shall be a minimum of one bicycle storage space per two dwelling units unless waived by the Planning Board.
G.
Buildings. To the extent not preempted by the State Building Code, the following shall apply to developments in the MCOD:
(1)
The orientation of multiple buildings on a lot should reinforce the relationships among the buildings. All building facade(s) (front, side, and rear) shall be treated with the same care and attention in terms of entries, fenestration, and materials.
(2)
Garage doors are not permitted on primary elevations facing the public realm.
(3)
Building(s) adjacent to a principal access drive shall have a pedestrian entry facing that access drive.
(4)
Blank walls adjacent to streets, alleys, or areas open to public view are prohibited.
(5)
Building forms shall be broken down or subdivided visually to reduce the sense of mass. Projecting bays, larger scale articulation of building footprint, variations in building materials, glazing patterns, and similar techniques must be employed to break up the apparent length or vertical scale of larger buildings.
H.
Exterior lighting. Throughout the MCOD, the goal of an exterior lighting plan shall be to light sidewalks and walkways, building entrances, and parking areas in a consistent, attractive, safe, and unobtrusive manner that minimizes off-site impacts. To this end, exterior lighting in the MCOD shall be Dark Sky Compliant and conform to the following standards and shall be in accordance with a lighting plan approved by the Planning Board.
(1)
Pedestrian lighting.
(a)
Pedestrian lighting shall complement the character, aesthetic appeal, and safety of a development and promote greater pedestrian activity.
(b)
Pedestrian lighting shall use consistent fixtures, source colors, and illumination levels. Fixtures shall be downcast or full-cutoff fixtures.
(c)
When pedestrian lighting is used in conjunction with street lighting, the illumination provided by the former shall be distinguishable from the illumination provide by the latter to clearly define the pedestrian path of travel.
(d)
Placement of fixtures shall facilitate uniform light levels and work with the placement of sidewalks, landscaping, signage, building entries, and other features to contribute to the continuity of the streetscape. Where possible, the Planning Board prefers the use of a greater number of low fixtures in a well-organized pattern rather than fewer, taller fixtures.
(2)
Parking areas.
(a)
Within parking areas, there shall be a unified system that provides attractive lighting throughout the lot.
(b)
Fixtures and locations shall eliminate light spill onto adjacent properties. A proposed Lighting Plan shall document no light spillover along the subject parcel's property boundaries.
(c)
Lighting shall complement the lighting of adjacent streets and properties and shall use consistent fixtures, source colors, and illumination levels. When adjacent to walkways, parking area lighting shall not overpower the quality of pedestrian area lighting.
I.
Waivers. Upon the request of the applicant, the Planning Board may waive by majority vote the requirements of this § 240-218 in the interests of design flexibility and overall project quality, and upon a finding that the proposed variation is consistent with the overall purpose and objectives of the MCOD.
§ 240-219 MCOD plan approval.
B.
The number of copies of the MCOD Plan Approval Application shall be as required in the Planning Board's Form K, Submittal Checklist.
C.
Application for MCOD Plan Approval shall include all of the following:
(1)
A narrative project description with the following content:
(2)
A site plan prepared by a land surveyor, registered architect, landscape architect, professional engineer, conforming to the Planning Board's rules and regulations;
(3)
Building floor plans and architectural elevations;
(4)
Landscaping plan prepared by a Landscape Architect licensed in the Commonwealth of Massachusetts, showing the location, type, and sizes of proposed landscaping;
(5)
Lighting plan;
(6)
Drainage calculations and analysis;
(7)
Traffic impact analysis;
(8)
Proposed infrastructure and utilities serving the site.
D.
Procedures.
(1)
The applicant is encouraged but not required to meet with the Director of Planning and Engineering prior to applying for MCOD Plan Approval.
(2)
A complete MCOD Plan Approval application shall be filed with the Town Clerk. To be deemed complete, the filing shall include all required forms and submission requirements, including fees, in the Planning Board's Rules and Regulations. A copy of the application, including the date and time of filing and the required number of copies of the application, shall be filed forthwith by the applicant with the Director of Planning and Engineering and the Planning Board.
(3)
Within seven days of receipt of the application, the Director of Planning and Engineering shall distribute copies of the application to the Building Commissioner, Fire Chief, Police Chief, Health Department, Conservation Commission, and Department of Public Works. Any comments from the reviewing parties shall be submitted to the Board within 35 days of filing of the Application. The Planning Board or its designee shall forward to the applicant copies of all comments and recommendations received to date from other boards, commissions, or departments.
(4)
Public hearing. Within 45 days of receipt of the MCOD Plan Approval application, the Planning Board shall hold a public hearing and review the application in accordance with MGL c. 40A, § 11.
(5)
No later than 90 days from the date the application was received by the Town Clerk, the Board shall approve the plan where it finds that the proposed development, to the maximum extent possible, addresses the purposes and meets the purposes and requirements of this Article XXX, considering:
(a)
The proposed placement of buildings;
(b)
Surface and ground water drainage and erosion control;
(c)
Protection against flooding and inundation;
(d)
Prevention of water and pollution and environmental damage;
(e)
Provision for adequate utility services;
(f)
Provisions of off-street parking and loading;
(g)
Location of intersections of driveways and streets;
(h)
The effect of additional traffic created by the development on intersections and streets likely to be affected by the proposed development;
(i)
Provision for pedestrian/bicycle accessways connecting to adjacent open space, neighborhoods, schools, recreation areas or transportation facilities and for alternative transit programs;
(j)
Provisions for landscaping and adequate screening and buffering; and
(k)
The submission of a complete MCOD Plan Approval application.
E.
The Board may impose reasonable conditions to ensure compliance with the requirements of Article XXX and other applicable sections of the Zoning Bylaw or 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 by adding unreasonable costs or by unreasonably impairing the economic feasibility of a proposed development. The Board shall file its written decision with the Town Clerk within 14 days of the Board's action on the plan. The decision shall be by majority vote. The time limit for public hearings and taking of action by the Board may be extended by written agreement between the applicant and the Planning Board. A copy of the agreement shall be filed with the Town Clerk.
F.
A copy of the decision shall be mailed to the owner and to the applicant, if other than the owner. A notice of the decision shall be sent to the parties in interest and to persons who requested a notice at the public hearing.
G.
MCOD Development Plan Approval shall remain valid and shall run with the land indefinitely provided that construction has commenced within three years after the Board issues the decision, excluding time required to adjudicate any appeal from the Board's decision. The time for commencing construction shall also be extended 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.
H.
The Planning Board may adopt administrative rules and regulations relative to Development Plan Review in the MCOD and file the rules with the Town Clerk. The Board's rules and regulations may include filing fees and procedures for the Board to engage outside consultants under MGL c. 44, § 53G. Submission requirements and procedures shall be in accordance with the Planning Board's rules and regulations under this Article XXX.
§ 240-220 Modifications to approved site plans.
A.
Minor Change. After MCOD site plan has been approved by the Planning Board, an Applicant may apply to make minor changes involving 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. A change of 5% or less in the number of housing units in a development shall constitute a minor change. Minor changes must be submitted to the Planning Board in accordance with the Planning Board's rules and regulations and shall include redlined prints of the approved plan. The Planning Board may authorize the proposed changes at any regularly scheduled meeting without the need to hold a public hearing. The Planning Board issue a written decision to approve or deny the minor changes and provide a copy to the applicant for filing with the Town Clerk.
B.
Major Change. Changes deemed by the Planning Board to constitute a major change in an approved development because of the nature of the change or because the change cannot be appropriately characterized as a minor change under Subsection A above shall be processed by the Planning Board as a new site plan application for Site Plan Approval under this Article XXX.