To provide an opportunity for residential and mixed-use development in an underutilized area of the City.

To promote development that is pedestrian-friendly and beneficial to surrounding neighborhoods.

To ensure high-quality site planning, architecture and landscape design that enhances the distinct visual character and identity of Beverly and provides an environment with safety, convenience and amenity.

To provide for a diversified housing stock at a variety of costs, including affordable housing, and in housing types that meet the needs of Beverly's population.

To generate positive tax revenue, and to benefit from the financial incentives provided by MGL c. 40R, while providing the opportunity for new multifamily housing development in Beverly.

Establishment. The Smart Growth Overlay District, hereinafter referred to as the "SGOD," is an overlay district having a land area of approximately 5.06 acres in size that is superimposed over the underlying zoning district and is shown on the official City Zoning District Map as set forth in § 300-8 of this chapter.

Applicability of SGOD. An applicant may seek development of a Project located within the SGOD in accordance with the provisions of the Enabling Laws and this § 300-140, including a request for Plan Approval by the PAA, if necessary. In such case, notwithstanding anything to the contrary in the Zoning Bylaw, such application shall not be subject to any other provisions of the Zoning Bylaw, including limitations upon the issuance of building permits for residential uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to other building permit or dwelling unit limitations.

Underlying zoning. The SGOD is an overlay district superimposed on all underlying zoning districts. The regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the underlying zoning district(s) shall remain in full force, except for those Projects undergoing development pursuant to this § 300-140. Within the boundaries of the SGOD, a developer may elect either to develop a Project in accordance with the requirements of the Smart Growth Zoning, or to develop a Project in accordance with requirements of the regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the underlying zoning district(s).

Administration, enforcement, and appeals. The provisions of this § 300-140 shall be administered by the Building Commissioner, except as otherwise provided herein. Any legal appeal arising out of a Plan Approval decision by the PAA under Subsections I through M shall be governed by the applicable provisions of MGL Chapter 40R. Any other request for enforcement or appeal arising under this § 300-140 shall be governed by the applicable provisions of MGL Chapter 40A.

Residential Projects. A Residential Project within the SGOD may include:

Mixed-Use Development Projects.

Number of Affordable Housing units. For all Projects, not less than 20% of housing units constructed shall be Affordable Housing. For Projects that include rental Dwelling Units, 25% of such units must be Affordable Rental Units; however the PAA may grant a waiver to reduce the number of Affordable Housing units to not less than 20% if it determines the Project will not be financially feasible when providing 25% of rental units as Affordable Housing. For purposes of calculating the number of units of Affordable Housing required within a Project, any fractional unit shall be deemed to constitute a whole unit.

Monitoring Agent. A Monitoring Agent, which may be the local housing authority or other qualified housing entity, shall be designated by the PAA, chief executive, or other designated municipal official (the "designating official"). In a case where the Monitoring Agent cannot adequately carry out its administrative duties, upon certification of this fact by the designating official or by DHCD, such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the designating official. In any event, such Monitoring Agent shall ensure the following, both prior to issuance of a building permit for a Project within the SGOD, and on a continuing basis thereafter, as the case may be:

Submission requirements.

Cost and eligibility requirements.

Design and construction. Units of Affordable Housing shall be finished housing units. Units of Affordable Housing shall be dispersed proportionately throughout the Project of which they are part, across all unit types and be comparable in original construction quality, size and exterior design to the other housing units in the Project. The bedroom-per-unit average for the Affordable Housing must be equal to or greater than the bedroom-per-unit average for the unrestricted/market-rate units.

Affordable Housing restriction. Each Project shall be subject to an Affordable Housing Restriction which is recorded with the appropriate Registry of Deeds or District Registry of the Land Court and which contains the following:

Costs of housing marketing and selection plan. The housing marketing and selection plan may make provision for payment by the Project Applicant of reasonable costs to the Monitoring Agent to develop, advertise, and maintain the list of Eligible Households and to monitor and enforce compliance with affordability requirements.

Age restrictions. Nothing in this § 300-140 shall permit the imposition of restrictions on age upon Projects unless proposed or agreed to voluntarily by the Applicant. However, the PAA may, in its review of a submission under Subsection F(3), allow a specific Project within the SGOD designated exclusively for the elderly, persons with disabilities, or for assisted living, provided that any such Project shall be in compliance with all applicable federal, state and local fair housing laws and regulations and not less than 25% of the housing units in such a restricted Project shall be restricted as affordable units.

Phasing. For any Project that is approved and developed in phases in accordance with Subsection I(4), the percentage of affordable units in each phase shall be at least equal to the minimum percentage of Affordable Housing required under Subsection F(1). Where the percentage of Affordable Housing is not uniform across all phases, the unit dispersal and bedroom proportionality requirements under Subsection F(5) shall be applied proportionate to the Affordable Housing provided for in each respective phase.

No waiver. Notwithstanding anything to the contrary herein, the affordability provisions in this Subsection F shall not be waived unless expressly approved in writing by DHCD.

Table of Requirements. Notwithstanding anything to the contrary in this Zoning Bylaw, the dimensional requirements applicable in the SGOD are as follows:

Number of parking spaces.

Shared parking. Notwithstanding anything to the contrary herein, the use of shared parking to fulfill parking demands noted above that occur at different times of day is strongly encouraged. Minimum parking requirements above may be reduced by the PAA through the Plan Approval process if the Applicant can demonstrate that shared spaces will meet parking demands by using accepted methodologies (e.g., the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other approved studies).

Reduction in parking requirements. Notwithstanding anything to the contrary herein, any minimum required amount of parking may be reduced by the PAA through the Plan Approval process, if the Applicant can demonstrate that the lesser amount of parking will not cause excessive congestion, endanger public safety, or that a lesser amount of parking will provide positive environmental or other benefits, taking into consideration:

Location of parking. Any surface parking lot shall, to the maximum extent feasible, be located at the rear or side of a building, relative to any principal street, public open space, or pedestrian way.

Plan Approval. An application for Plan Approval shall be reviewed by the PAA for consistency with the purpose and intent of Subsections I through M. Such Plan Approval process shall be construed as an As-of-Right review and approval process as required by and in accordance with the Enabling Laws. All Projects shall be subject to the Plan Approval process.

Plan Approval Authority (PAA). The Planning Board, consistent with MGL Chapter 40R and 760 CMR 59.00, shall be the Plan Approval Authority (the "PAA"), and it is authorized to conduct the Plan Approval process for purposes of reviewing Project applications and issuing Plan Approval decisions within the SGOD.

PAA regulations. The Plan Approval Authority may adopt administrative rules and regulations relative to Plan Approval. Such rules and regulations, along any associated application forms, guidelines, fee schedules and other application materials to which Applicants are subject, must be approved by the Department of Housing and Community Development.

Project phasing. An Applicant may propose, in a Plan Approval submission, that a Project be developed in phases, provided that the submission shows the full buildout of the Project and all associated impacts as of the completion of the final phase, and subject to the approval of the PAA. Any phased project shall comply with the provisions of Subsection F(9).

Preapplication. Prior to the submittal of a Plan Approval submission, a "concept plan" may be submitted to help guide the development of the definitive submission for Project buildout and individual elements thereof. The concept plan is intended to be used as a tool for both the Applicant and the PAA to ensure that the proposed Project design will be consistent with the Design Standards and other requirements of the SGOD. Such concept plan should reflect the following:

Required submittals. An application for Plan Approval shall be submitted to the PAA on the form provided by the PAA [along with application fee(s)], which shall be as set forth in the PAA Regulations. The application shall be accompanied by such plans and documents as may be required and set forth in the PAA Regulations. For any Project that is subject to the affordability requirements of Subsection F, the application shall be accompanied by all materials required under Subsection F(3). All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed and stamped, and drawings prepared at a scale of one inch equals 40 feet (1"=40') or larger, or at a scale as approved in advance by the PAA.

Filing. An Applicant for Plan Approval shall file the required number of copies of the application form and the other required submittals as set forth in the PAA Regulations with the City Clerk and a copy of the application, including the date of filing certified by the City Clerk, shall be filed forthwith with the PAA.

Circulation to other boards. Upon receipt of the application, the PAA shall immediately provide a copy of the application materials to the City Council, Board of Appeals, Board of Health, Conservation Commission, Fire Department, Police Department, Building Commissioner, Department of Public Services, the Monitoring Agent, Design Review Board, Parking and Traffic Commission, and other municipal officers, agencies or boards for comment. Any such board, agency or officer shall provide any written comments within 60 days of its receipt of a copy of the plan and application for approval.

Hearing. The PAA shall hold a public hearing for which notice has been given as provided in § 11 of MGL Chapter 40A. The decision of the PAA shall be made, and a written notice of the decision filed with the City Clerk, within 120 days of the receipt of the application by the City Clerk. The required time limits for such action may be extended by written agreement between the Applicant and the PAA, with a copy of such agreement being filed in the office of the City Clerk. Failure of the PAA to take action within said 120 days or extended time, if applicable, shall be deemed to be an approval of the Plan Approval application.

Peer review. The Applicant shall be required to pay for reasonable consulting fees to provide peer review of the Plan Approval application, pursuant to MGL c. 40R, § 11(a). Such fees shall be held by the City in a separate account and used only for expenses associated with the review of the application by outside consultants, including, but not limited to, attorneys, engineers, urban designers, housing consultants, planners, and others. Any surplus remaining after the completion of such review, including any interest accrued, shall be returned to the Applicant forthwith.

Plan Approval.

Plan disapproval. A Plan Approval application may be disapproved only where the PAA finds that:

Waivers. Upon the request of the Applicant and subject to compliance with MGL c. 40R, 760 CMR 59.00, and Subsection F(10), the Plan Approval Authority may waive dimensional and other requirements of § 300-140, including the Design Standards, in the interests of design flexibility and overall Project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the SGOD, or if it finds that such waiver will allow the Project to achieve the density, affordability, mix of uses, and/or physical character allowable under this § 300-140.

Project phasing. The PAA, as a condition of any Plan Approval, may allow a Project to be phased at the request of the Applicant, or it may require a Project to be phased for the purpose of coordinating its development with the construction of planned infrastructure improvements (as that term is defined under 760 CMR 59.00), or to mitigate any extraordinary adverse Project impacts on nearby properties. For Projects that are approved and developed in phases, unless otherwise explicitly approved in writing by the Department in relation to the specific Project, the proportion of affordable units shall be at least equal to the minimum percentage of Affordable Housing required under Subsection F(1).

Form of decision. The PAA shall issue to the Applicant a copy of its decision containing the name and address of the owner, identifying the land affected, and the plans that were the subject of the decision, and certifying that a copy of the decision has been filed with the City Clerk and that all plans referred to in the decision are on file with the PAA. If 20 days have elapsed after the decision has been filed in the office of the City Clerk without an appeal having been filed or if such appeal, having been filed, is dismissed or denied, the City Clerk shall so certify on a copy of the decision. If a plan is approved by reason of the failure of the PAA to act in a timely manner, the City Clerk shall make such certification on a copy of the application. A copy of the decision or application bearing such certification shall be recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the Applicant.

Validity of decision. A Plan Approval shall remain valid and shall run with the land indefinitely, provided that construction has commenced within two years after the decision is issued, which time shall be extended by the time required to adjudicate any appeal from such approval and which time shall also be extended if the Project proponent is actively pursuing other required permits for the Project or there is other good cause for the failure to commence construction, or as may be provided in a Plan Approval for a multi-phase Project.

Minor change. After Plan Approval, an Applicant may apply to make minor changes in a Project involving minor utility or building orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall buildout or building envelope of the site, or provision of open space, number of housing units, or housing need or affordability features. Such minor changes must be submitted to the PAA on redlined prints of the approved plan, reflecting the proposed change, and on application forms provided by the PAA. The PAA may authorize such changes at any regularly scheduled meeting, without the need to hold a public hearing. The PAA shall set forth any decision to approve or deny such minor change by motion and written decision, and provide a copy to the Applicant for filing with the City Clerk.

Major change. Those changes deemed by the PAA to constitute a major change in a Project because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the PAA as a new application for Plan Approval pursuant to Subsections I through M.

Adoption of Design Standards. The Plan Approval Authority may adopt, by simple majority vote, Design Standards which shall be applicable to development Projects subject to Plan Approval by the Plan Approval Authority. Such Design Standards cannot extend beyond the scope of the elements explicitly permitted under 760 CMR 59.04(1)(f). Design Standards must be objective and not subjective and may only address the scale and proportions of buildings, the alignment, width, and grade of streets and sidewalks, the type and location of infrastructure, the location of building and garage entrances, off-street parking, the protection of significant natural site features, the location and design of on-site open spaces, exterior signs, and buffering in relation to adjacent properties. DHCD, at its discretion, may require Design Standards to contain graphics illustrating a particular standard or definition in order to make such standard or definition clear and understandable.

Purpose. The Design Standards are adopted to ensure that the physical character of Projects within the SGOD:

DHCD approval. After adopting Design Standards, the PAA shall submit Design Standards to DHCD for approval. Design Standards shall not take effect until approved by DHCD and filed with the Town Clerk. In submitting proposed Design Standards for DHCD approval, the PAA shall also submit sufficient documentation clearly showing that the proposed Design Standards will not add unreasonable costs to development Projects or unreasonably impair the economic feasibility of a development Project. A letter from a developer, property owner or other interested party indicating that the Design Standards will not add unreasonable costs or unreasonably impair the economic feasibility of a development Project shall not constitute sufficient documentation. At its discretion, DHCD may disapprove Design Standards if it finds that the PAA has not adopted objective Design Standards or has not submitted such documentation.

Plan Approval. An application for Plan Approval that has been submitted to the City Clerk pursuant to this § 300-140 shall not be subject to Design Standards that have not been approved by DHCD and filed with the City Clerk.