Everett City Zoning Code
SECTION 30
Lower Broadway Economic Development District “LBEDD”.
(C0297-18)
A.
General Provisions.
1.
Purposes.
The purposes of this Lower Broadway Economic Development District (“this Ordinance”) are:
a.
To establish zoning regulations in accordance with the land use policy objectives in the Lower Broadway Master Plan.
b.
To encourage economic development, job creation and to strengthen the tax base in the City of Everett.
c.
To encourage high-quality and high-density mixed-use development that takes advantage of the Mystic River access and views of the Boston skyline.
d.
To designate Priority Development Sites (PDS) to encourage redevelopment by providing expedited permitting processes pursuant to G.L. c. 43D.
e.
In Mixed-Use Districts, to encourage neighborhood scale mixed-use development compatible with the residential and retail/commercial scale of Lower Broadway.
f.
In Employment District, to encourage a diverse range of employment-generating land uses ranging from small scale automotive repair/maintenance to large scale light industrial/flex-tech/R&D, and to provide a transition between the industrial uses to the southeast and the commercial and residential uses along the Broadway corridor.
g.
In Commercial Districts, to encourage neighborhood-oriented commercial/retail development to service a local and regional market, and to provide services to the residents and employees in Lower Broadway.
h.
In Residential (Multi-Family) Districts, to encourage a broad range of medium density residential development that provides housing options and choices for current and future residents of Everett.
i.
In Residential (Detached) Districts, to encourage the development of 1-3-family dwelling units at an urban neighborhood density as found throughout the City of Everett, including high quality streets and a walkable residential neighborhood.
2.
Applicability.
a.
In accordance with these purposes, and for the purposes set forth in G.L. c. 40A and all acts in amendment thereof and in addition thereto, and under the authority thereof and any other enabling laws, the construction, alteration, repair, enlargement, movement, height, area, location, and use of buildings and structures and the use of land within the Lower Broadway Economic Development District as shown on the Zoning Map of the City of Everett are hereby regulated as herein provided. For parcels of land that are partly within the City of Everett and partly within an abutting municipality, this Ordinance shall govern the portion within the City of Everett.
b.
Pursuant to G.L. c.40A, §6, the provisions of this Ordinance shall not apply to any existing buildings or structures, nor to the existing use of any building, structure or premises as long as they remain unchanged.
c.
The City of Everett shall be exempt from the provisions of this Ordinance in the exercise of its municipal functions.
3.
Amendments.
All amendments to this Ordinance shall be made as provided in M.G.L. c.40A, §5.
4.
Relationship to Other Ordinances.
Development Projects proceeding under this Ordinance shall be governed solely by the provisions of this Section 30 and shall be deemed exempt from other standards and/or procedures of the Zoning Ordinance except as specified herein, and with the exception of the following sections, each as may be amended from time to time:
B.
Definitions.
Definitions of words and terms in this Ordinance are contained in Appendix C.
C.
Establishment of District and Subdistrict Boundaries.
1.
Lower Broadway Economic Development District.
In addition to the Districts established by Section 1 of the Zoning Ordinance, this Ordinance establishes a new Lower Broadway Economic Development District (LBEDD). The boundaries of the LBEDD are hereby established as indicated on a map entitled “the Zoning Map” of the City of Everett, Massachusetts, dated February 1926, as amended, which accompanies and is hereby declared to be a part of the Zoning Ordinance.
2.
LBEDD Sub-districts.
The LBEDD is divided into six (6) zoning Sub-districts, designated as follows, and as shown on the Zoning Map:
3.
Resort Casino Overlay District.
In addition to the Districts established by Section 1 of the Zoning Ordinance, this Ordinance establishes a new Resort Casino Overlay District (RCOD). The boundaries of the RCOD are hereby established as indicated on the Zoning Map, as amended.
4.
Location of Boundaries.
These District and Sub-district boundary lines are intended to follow lot lines as they existed on the effective date of this Ordinance, but where any such boundary line obviously does not follow such lot lines, it shall be deemed to be parallel to the nearest street at a distance estimated by the Applicant based on the Zoning Map and determined by the Building Commissioner, unless otherwise dimensioned on the Zoning Map. Where the District or Sub-district boundary is a street, the boundary line shall be the centerline of the street.
5.
Interpretation of Boundaries.
Whenever any dispute arises on District or Sub-district boundaries as to the exact location of a District or Sub-district boundary line, the location of such line shall be determined by the Building Commissioner, subject to appeal to the Zoning Board of Appeals in accordance with G.L. c. 40A, §§8 and 15.
D.
Resort Casino Overlay District (RCOD).
1.
Purposes.
The purposes of this District are:
a.
To provide for redevelopment of long-vacant property abutting the Mystic River by establishing standards for development of a Gaming Establishment.
b.
To encourage high-quality and high density mixed-use development that takes advantage of the Mystic River access and views of the Boston skyline.
c.
To encourage economic development and job creation, and to conserve the value of land and buildings, in the City of Everett.
2.
Applicability.
a.
The RCOD shall be deemed to overlay the land as shown on the Zoning Map of the City of Everett, as amended. Within the RCOD, a landowner may elect to develop or apply for permits pursuant to the zoning controls set forth in this Section 30.D or to comply with all applicable zoning controls set forth in the Underlying Zoning.
b.
Uses and dimensional controls allowable only by special permit pursuant to the Underlying Zoning shall be permitted by Site Plan Review if included in a Gaming Establishment.
4.
Procedures for Issuance of a Building Permit.
Buildings and uses allowed herein require Site Plan Approval in accordance with the procedures defined in the Lower Broadway Economic Development District Ordinance.
5.
Performance Standards.
In addition to the required findings for Site Plan Approval pursuant to the Lower Broadway Economic Development District Ordinance, Site Plan Approval in the RCOD shall require the following findings by the Approving Authority:
a.
Overall site development shall provide for public access to the waterway to the extent permitted pursuant to G.L. c.91A.
b.
Overall site development shall include at least one structure greater than two hundred and fifty (250) feet in height designed to enhance the Everett skyline when viewed from Boston and the Mystic River.
c.
Non-gaming amenities such as hotel, retail, dining, entertainment, spa/gym, and meeting facilities and other service functions shall make up over 75% of the total development gross square footage.
d.
To the maximum extent practicable, multiple publicly accessible uses on the site shall include both indoor and outdoor options for pedestrian access between and among them.
e.
At least 90% of on-site parking to serve the RCOD Development, including employee parking, shall be provided in parking structures, which may include sub-surface parking structures.
f.
Site development shall incorporate accessible, landscaped outdoor public open spaces with seating, pedestrian level lighting and pedestrian amenities to facilitate public viewing of the Mystic River and access to water-based transportation.
6.
Waivers.
The Approving Authority may approve a proposed Development Project that deviates From the standards set forth in this Section30.D, or in the Design Standards, upon a finding that such waiver(s) will not adversely affect public safety, and will equally or better serve the purposes of the RCOD.
E.
Use Regulations.
1.
Allowable Use Designations.
Uses allowed in any LBEDD Sub-district and within the RCOD are specified in the Table of Use Regulations, included as Appendix A to this Ordinance, based on the following notations:
a.
Uses Permitted By-Right.
i.
“Y” indicates that a use is allowed By-Right in the district. Note that some uses may also require a Site Plan Approval or an Administrative Site Plan Approval, as prescribed in this Ordinance.
ii.
Site Plan Approval is required for a use where the letter “R” appears and is not required where the letters “NR” appear.
b.
Special Permit Uses.
“SP” indicates that a use is allowed only if approved by the Special Permit Granting Authority (“SPGA”), in accordance with the special permit review procedures prescribed in this Ordinance.
c.
Uses Not Permitted.
“-” indicates that a use is not allowed in the district.
d.
Determination of Use Category.
For specific uses which are not listed but are clearly within a category listed in the Table of Use Regulations, the Building Commissioner shall determine whether the proposed use is permitted, and if so, into which category it will be classified. The Building Commissioner shall note the applicable use classification in the issuance of a building permit in the LBEDD.
2.
Notes to Table of Use Regulations.
a.
Special Permit Required based on scale of proposed Development Project.
Notwithstanding the Allowable Use Designations in the Table of Use Regulations, a Development Project that includes one or more Commercial or Industrial Uses shall require a special permit if it includes greater than 20,000 GSF of development, is greater than thirty-five feet (35’) in height, or is located on a lot that directly abuts a lot that includes a building in residential use.
b.
Allowance for Multi-Family in Commercial and Employment Sub-Districts.
Multi-Family Residential Use may be permitted by special permit in the LB-C and LB-E Sub-districts provided it is located within a Mixed-Use Development Project, and provided that the first level of any such Development Project is, with the exception of access to such Multi-Family Use, comprised entirely of one or more non-residential use(s).
c.
Projects in More than one Zoning District.
Notwithstanding the Allowable Use Designations in the Table of Use Regulations, a Development Project that includes land in both the LB-C and the LB-E Sub-districts may be allowed by special permit to include one or more uses permitted in the LB-C Sub-district on land located within the LB-E Sub-district, subject to applicable Design Standards.
3.
Accessory Uses.
a.
Allowed Uses.
Accessory Uses are permitted in the LBEDD as specified in the Table of Use Regulations, included as Appendix A to this Ordinance.
b.
Special Dimensional Restrictions on Accessory Uses.
i.
The total area of uses accessory to the principal use is limited to twenty-five (25) percent of the floor area of the Principal Use(s) to which it is accessory, and the total area of uses or buildings accessory to the principal use except that parking facilities and driveways may not occupy more than fifteen (15) percent of the entire area of the lot.
ii.
In the LB-RD and LB-RMF Sub-districts, an accessory building shall not be located within ten (10) feet of a principal building or within five (5) feet of any side or rear lot line, or within the front yard setback of the zoning Sub-district in which it is located.
iii.
In a Commercial, Mixed-Use, or Employment Sub-district, off-site parking may be allowed by special permit, as an accessory use, provided that: it is located within 1,320 feet of the principal building on a separate lot; and, no charge is made for any such surface (as opposed to structured) parking area; and no automotive sales or service operations are performed in any such parking area; and provided the Applicant provides improvements to the benefit of pedestrians to the corridor between the parking area and the premises to which they are appurtenant. Said improvements may include but are not necessarily limited to sidewalks, benches, lighting, bicycle racks and street trees, the adequacy of said improvements to be determined by the Approving Authority based an evaluation of the benefit of the proposed improvements proportionate to the amount of pedestrian activity projected to be generated between the accessory off-site parking and the use(s) proposed to be served by the parking.
4.
Mixed-Use Development.
a.
Mixed Use Development is permitted subject to approval of the Approving Authority. In Mixed-Use Development, multiple permitted uses within a single building are permitted, provided that all applicable health and safety regulations and all requirements of this Ordinance are followed.
b.
In Mixed-Use Development, more than one principal use may be permitted on a Lot and permitting shall follow the Table of Use Regulations. For example, if one use is allowed by right and another is by special permit, then a special permit must be obtained for that use prior to its establishment. If both uses are permitted By-Right in the Table of Use Regulations, then no special permit is required. Where a special permit is required, the SPGA shall make a specific finding that there exists or will exist as a result of the proposed Mixed-Use Development, adequate parking to serve the proposes uses, and that any and all uses proposed in Mixed-Use Development are compatible with one another.
F.
Dimensional Regulations.
1.
Table of Dimensional Standards.
Table of Dimensional Standards. | |||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Minimum Lot Dimensions | FAR Range | Res. Density | Setbacks (1) | ||||||||||
Area (SF unless noted) | Frontage (Feet) | Min. Lot Area per Dwelling Unit | Front (2) | Side | Rear | Min. Open Space | |||||||
Zoning Sub-Districts | As of Right | Special Permit | As of Right | Special Permit | As of Right | Special Permit | Min. | Max. | Min. Setbacks | ||||
Resort Casino Overlay District | Gaming Establishment | 20 ac. | - | - | n/a | n/a | n/a | n/a | - | - | - | - | 30% |
Waterfront Mixed Use | 10,000 | 5,000 | 40 | 1.5 | 5.0 | - | 360 | 0 | 12 | - | - | 15% | |
Mixed-Use | 5,000 | 2,000 | 40 | 2.0 | 4.0 | - | 360 | 0 | 12 | - | - | 15% | |
Employment | 5,000 | 2,000 | 40 | 1.0 | 4.0 | - | 2,000 | 10 | - | 10 | 20 | 5% | |
Commercial | 5,000 | 2,000 | 40 | 1.0 | 4.0 | - | 1,450 | 0 | 12 | - | 20 | 5% | |
Residential (MF) | Buildings with up to 24 units | 10,000 | 4,000 | 40 | 1.0 | 3.0 | - | 900 | 0 | 12 | - | - | 15% |
Buildings with 25 to 200 units | 26,572 | 26,572 | 80 | 1.5 | 3.0 | - | 435 | 0 | 12 | - | - | 20% | |
Residential (Detached) | SF Dwelling | 3,500 | 2,000 | 40 | 1.0 | 1.0 | 3,500 | 2,000 | 0 | 12 | 4 (3) | 25 | 35% |
2-unit Building | 5,000 | 2,500 | 40 | 0.8 | 1.2 | 2,500 | 1,250 | 0 | 12 | 4 (3) | 25 | 35% | |
3-unit Building | 7,500 | 3,600 | 60 | 1.0 | 1.5 | 2,500 | 1,200 | 0 | 12 | 0 | 25 | 25% | |
2.
Notes to Table of Dimensional Standards.
a.
Setbacks on Broadway.
Required minimum front setbacks for buildings on lots with frontage on the western side of Broadway shall be of a width adequate to provide for sidewalks along the lot frontage of a minimum width of twelve (12) feet, measured from the inside curb edge of Broadway, in accordance with the Lower Broadway Master Plan. Such sidewalks shall incorporate street trees with planting grates, hardscape elements such as alternate paving materials, benches, trash receptacles and way-finding signage. The compliance of a proposed Development Project with this section is not intended to reduce the allowable development size (measured in GSF or housing unit count) from what would otherwise be allowable on the Lot, and the Applicant may request waivers from dimensional standards in this Ordinance upon demonstration that the changes are insubstantial, and that the combination of elements provided comply with the intent and purpose of this subsection.
b.
Projections.
i.
Projecting eaves, chimneys, bay windows, balconies, open fire escapes and like projections which do not project more than three and one-half (3 ½) feet, and which are part of a building not more than thirty-five (35) feet in height, may extend beyond the minimum side and rear yard regulations; provided however, that the yard areas over which these project may not be included in the minimum yard area and open space requirements.
ii.
Projecting eaves, bay windows, balconies, and like projections may extend beyond the minimum front yard regulations; provided however, that the total width of projecting features may not exceed the lesser of thirty percent (30%) of the total width of the lot or fifty percent (50%) of the width of the building, and the yard areas over which these project are excluded in the calculation of the minimum yard area and open space requirements.
c.
Restriction on Lot division.
No lot shall hereafter be divided so as to reduce the area of any yard, court or open space to less than is required by a Site Plan Approval for a constructed Development Project on the lot involved.
d.
Single-Family and Two-Family Side Yard Setbacks.
The side yard setbacks for Single-family Detached and for Two-family Dwellings must, when combined be at least twelve (12) feet. This may be satisfied by a 12-foot setback on one side (and a zero-foot setback on the opposite side). Alternatively, the setback may be divided between the two sides, provided that a shared driveway is legally available to be adequately constructed for the use of both residences, or there is another means of adequate direct vehicular access to the rear of the lot.
3.
Building Height.
a.
Table of Height Allowances.
Table of Height Allowances | ||||
|---|---|---|---|---|
Zoning Sub-Districts | Use | Min. Height (Stories) | Max Height (Feet) | |
By-Right | Special Permit | |||
Resort Casino Overlay | - | 400 | n/a | |
Waterfront Mixed-Use | 3 | 150 | 280 | |
Mixed-Use | 2 | 45 | 85 | |
Employment | 1 | 45 | 65 (1) | |
Commercial | 2 | 35 | 85 (1) | |
Residential (MF) | Up to 24 Units | 2 | 35 | 45 |
25 to 200 Units | 3 | - | 65 | |
Residential (Detached) | SF Dwelling | 2 | 35 | - |
2-Unit Dwelling | 2 | 35 | 45 | |
3-Unit Dwelling | 2 | 35 | 45 | |
(1) As detailed in this sub-section, maximum allowable building heights is some locations May be increased above these limits by special permit. |
b.
Notes to Table of Height Regulations.
i.
For any structure proposed for renovation or rehabilitation that was erected prior to the effective date of this Ordinance, the maximum allowable height shall be the greater of the maximum allowable height permitted by the Table of Height and Bulk Regulations, or the height of such structure as of the effective date of this Ordinance.
ii.
Accessory or appurtenant structures or elements necessary to the operation of a structure (for example, elevator or stairway enclosures and associated visual screening) may exceed the maximum height limit defined herein by up to fifteen (15) feet provided that they occupy in the aggregate less than twenty (20) percent of the area of the roof on which they are located.
4.
Increased Height Allowances by Special Permit.
In order to promote overall development patterns within the LBEDD that result in a visually interesting urban environment within a cohesive overall design effect, the SPGA may by special permit authorize increased allowable building heights in specific locations as follows:
a.
Buildings in the block bounded by Broadway, Dexter Street, Robin Street and et may be increased to a maximum of one-hundred and twenty-five (125) feet.
b.
Buildings in the block bounded by Broadway, Mystic Street, Robin Street and Lynde Street may be increased to a maximum of one-hundred and five (105) feet.
c.
Buildings in the block bounded by Bow Street, Lynde Street, Robin Street and Thorndike Street may be increased to a maximum of eighty-five (85) feet.
d.
Buildings in the block bounded by Bow Street, Thorndike Street, Robin Street and Courtland Street may be increased to a maximum of sixty-five (65) feet.
e.
Buildings in the block bounded by Bow Street, Courtland Street, Robin Street and Beacham Street may be increased to a maximum of sixty-five (65) feet.
In its consideration of a request for a special permit pursuant to this subsection, the SPGA may require additional information from the Applicant as it deems necessary to evaluate the impacts of the proposal on existing structures and properties relative to views, shadows, lighting and/or wind. |
5.
Contiguous Lots.
In the LBEDD, where two or more lots are contiguous or are separated only by a street, such lots may be considered by the Approving Authority as one lot for the purpose of calculating maximum FAR, lot coverage, parking requirements, minimum on-site open space, and dwelling units per acre provided that the Approving Authority determines that adequate provision for safe pedestrian crossing of the Street exists to serve the residents, employees and/or patrons of the Development Project, or will be provided by the Applicant as part of the Development Project.
6.
Number of Buildings on a Lot.
In the LBEDD, more than one principal structure may be erected on a lot upon a determination by the Approving Authority that the entire lot and all structures are planned and designed as a unified complex and appropriate provisions are made for parking, access, drainage and utilities.
G.
Parking and Loading Standards.
1.
Table of Parking Requirements.
Table of Parking Requirements | |
|---|---|
Use | Minimum Required Parking |
Auto Sale and display | 1 per each 7 autos licensed for sale |
Bar, Cocktail Lounge, Pub Tavern | 1 space for each 4 seats |
Churches, Synagogues and other Places of Assembly used as Places of Worship | 1 space for each 50 square feet of assembly area |
Dwelling, Multifamily | 1 space per 1-bedroom unit; 2 spaces for 2-bedroom or larger unit |
Dwelling, three or fewer units | 2 spaces per unit |
Elderly and Handicap Housing | 0.5 spaces per unit |
Gaming Establishment | 2 spaces per 1,000 GSF of total development area, including any and all on-site employee parking |
Gasoline Station or Service Station | 1 per 100 GSF |
Hotel | 0.8 Spaces per hotel room |
Industrial | 1 space per usable SF |
Medical or Dental Office | 1 space per 250 GSF |
Motel | 1 space per motel room |
Office Use | 1 space per 350 GSF |
Places of Assembly, including Schools, Auditoriums, Museums, Theaters and Cinemas | 1 space for each room plus 1 space for each 3 persons designated for the largest single room occupancy |
Fast Order Food Establishment, with Drive-in | 1 space per 50 SF of dining area |
Restaurants | 1 space per 300 SF of dining area |
Retail Use | 1 space per 300 GSF |
Warehouse | 1 space per 3,000 GSF |
All other uses | To be determined by the Approving Authority based on a similar use in this table, taking into account data as may be submitted by the Applicant |
2.
Notes to Table of Parking Requirements.
a.
The Approving Authority shall be the Building Commissioner for Projects requiring only a building permit, a business certificate and/or Administrative Site Plan Approval, and the Planning Board for Development Projects requiring Site Plan Approval.
b.
If a change of use from one use to another use is proposed and the new use requires a greater number of parking spaces than the existing use, review by the Building Commissioner is required. Depending on the permitting requirements applicable to the proposed use, review by the Approving Authority may also be required.
c.
When the application of the required parking standards in the Table of Parking Requirements results in a number that includes a fraction, the fraction shall be rounded up to the next whole number if the fraction is 0.5 or more. If the result includes a fraction below 0.5, the fraction shall be rounded down to the next whole number.
d.
Parking spaces shall be at least nine feet wide and at least eighteen feet long. At the Applicant’s option, up to fifteen percent of required parking spaces may be compact parking spaces, which shall be at least eight feet wide and at least eighteen feet long.
e.
Commercial establishments of less than 3,000 square feet gross floor area may count municipal on-and off-street parking spaces within 1,000 feet of such establishment to meet this requirement. Commercial establishments of 3,000 square feet gross floor area or greater may use municipal off-street parking spaces within 1,000 feet of such establishment to account for 1/3 of this requirement.
3.
Location of Required Parking.
a.
Newly constructed surface parking for new Development Projects shall be located exclusively at the side or rear of a new building relative to any Street right-of-way. Parking for new construction is not permitted to be located within the required front yard setbacks.
b.
Parking areas shall not be used for automobile sales, gasoline sales, dead storage, repair work, dismantling or servicing of any kind, and any lighting that is provided shall be installed in a manner that will prevent direct light from shining onto any street or adjacent property.
c.
Parking shall be provided on the same lot as the Development Project served by the parking except where the Approving Authority authorizes the provision of dedicated off-site parking spaces pursuant to Section 30.E.3 of this Ordinance.
d.
No garage shall be provided nearer to the front street line than the prescribed minimum setback distance of the zoning district in which the lot is located. Garages for automobiles in the LB-RD Districts shall have a front setback at least six (6) feet greater than the building’s front setback.
e.
Any open parking facility for more than three (3) automobiles shall be screened from abutting residence, church or public property in a manner which will provide an effective visual screen, either by a vegetated strip of at least five (5) feet in width containing plantings not less than three (3) feet in width and at least six (6) feet in height, or a solid fence or wall six (6) feet high, or a combination of fencing and plantings. At least fifty (50) percent of any such plantings shall be evergreen.
f.
Three-Family buildings may include garage parking at grade, provided access to the parking space(s) is provided from the side or rear of the building. Garages located internal to Three-Family Dwelling Units shall be limited in width to one parking bay, but may include space for more than one vehicle parked end to end.
4.
Reduction of Required Parking.
Notwithstanding anything to the contrary herein, any minimum required number of parking spaces may be reduced by the Approving Authority by up to twenty-five percent (25%) as a condition of special permit, provided the Applicant demonstrates that the fewer parking will not cause excessive congestion, endanger public safety, or that fewer parking spaces will provide positive environmental or other benefits, taking into consideration:
a.
The availability of a sufficient amount, in the opinion of the Approving Authority, of available public or commercial parking in the vicinity of the use(s) being served, and including parking dedicated to the use(s) being served; and/or
b.
The availability of a Fixed Public Transportation Stop within six hundred (600) linear feet of a pedestrian entrance to the Development Project, taking into account the proposed use(s) and the extent to which residents, employees and/or patrons of the proposed use(s) may be reasonably expected to access the site via public transit; and/or
c.
The availability of shared use of parking spaces serving other uses having peak user demands at different times, subject to the following:
i.
At the discretion of the Approving Authority, shared use may be made of required parking spaces by intermittent use establishments such as churches, assembly halls, or theaters whose peak parking demand is only at night or on Sundays and by other uses whose peak demand is only during the day.
ii.
In order for such shared parking to be eligible to satisfy required off-street parking standards in whole or in part, prior to Site Plan Approval a contract, agreement, or suitable legal instrument acceptable to Everett legal counsel shall be filed with the application for Site Plan Approval which shall specify the location of all spaces to be jointly used, the number of such spaces, the hours during the day that such parking shall be available, and the duration or limit, if any on such parking.
Where such reduction is authorized, the Approving Authority shall indicate in its written decision the basis for such reduction and may within the special permit impose conditions of use or occupancy appropriate to such reduction. |
5.
Guest Parking.
As a condition of Site Plan Approval, the Approving Authority may require the provision of up to one (1) off-street parking space for every ten (10) Dwelling Units, in addition to the requirements in this Ordinance, where it determines that public safety or convenience so requires.
6.
Accessibility.
Parking shall be designed and constructed to comply with all applicable disability access requirements including but not limited to the Americans with Disabilities Act (ADA) and the regulations of the Massachusetts Architectural Access Board (MAAB).
H.
Design Standards.
1.
Purposes.
To encourage new development of high quality, Design Standards are hereby adopted and included as Appendix B.
2.
Applicability.
The Design Standards shall apply to review of and approval or approval with conditions of Development Projects proposed pursuant to this Ordinance. Certain Design Standards apply only to Development Projects requiring a special permit, as indicated within the Design Standards.
3.
Inconsistency.
In the case of conflict between the requirements or prohibitions of the District Ordinance and the Design Standards, the District Ordinance shall govern. In the case of inconsistency between applicable state or federal laws, including, without limitation, state building codes or life safety codes, and the Design Standards, the applicable state and federal laws, rules and regulations shall govern.
I.
Non-Conforming Structures or Uses.
1.
The provisions of this Ordinance shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing on this Ordinance as required by G.L. c.40A §5.
2.
Existing non-conforming structure or uses may be extended or altered, provided that such extension, alteration or change of use shall be permitted only upon the grant of a special permit by the Zoning Board of Appeals after a public hearing and a finding that such extension, alteration or change of use shall not be substantially more detrimental to the neighborhood than the existing non-conforming use or structure.
3.
No non-conforming use, if once changed to a use permitted in the district in which it is located shall be changed back to a non-conforming use. No non-conforming use or structure which has been not used for a period of two (2) years or more shall be resumed or replaced by any other non-conforming use or structure.
4.
Alteration, reconstruction, extension or structural change to a single or two-family non-conforming, residential structure shall be permitted provided such change does not increase the non-conforming nature of said structure.
5.
A non-conforming use damaged or destroyed by fire, flood, earthquake, war, riot, or by an Act of God, or an act of the public enemy to the extent of less than seventy-five (75) percent of its reproduction value at the time of such occurrence may be reconstructed and used as before such calamity, provided that a building permit, where required, is obtained and such work started within two (2) years of the date of such occurrence and the work of restoration of the use is completed within two (2) years of the date of the issuance of the building permit.
J.
Administration.
1.
Determination of Use Category and Permit Requirements.
An Applicant may apply for a Determination of Use Category and Permit Requirements from the Building Commissioner, who shall within thirty (30) days provide a written determination of the use(s) proposed with a list of required zoning approvals necessary for construction of the Development Project. Where a Determination of Use Category and Permit Requirements is issued relative to a building or structure for which a building permit will be required, there shall be no appeal other than an appeal of the building permit.
2.
Designation of Priority Development Sites.
a.
Purposes.
b.
Applicability.
The provisions of this Section 30.J.2 apply to all lots located within the LBEDD and RCOD.
c.
Special Permit and Site Plan Review Decisions.
All special permit or Site Plan Review decisions by the Approving Authority on Development Projects located within the boundaries of a Priority Development Site shall be issued within 180 calendar days after the filing of a complete application with the appropriate body. Decisions may include approval, approval with conditions, or denial of the proposed Development Project.
3.
Site Plan Review.
a.
Purposes.
The purpose of this section is to protect the health, safety, convenience and general welfare of the inhabitants of the City by providing for a review of plans for uses and structures which may have significant impacts both within the site and in relation to adjacent properties and streets on pedestrian and vehicular traffic, public services and infrastructure, environmental, historic resources, or on abutting properties or community needs, and to minimize potential adverse impacts of such development.
b.
Applicability.
Uses designated “Y” in the Table of Use Regulations may be allowed within the LBEDD By-Right, subject to the restrictions of this Ordinance and to the regulations adopted by the Approving Authority.
c.
Religious and Educational Uses and Day Care Centers – Modified Site Plan Review.
i.
Applicability.
Religious and educational uses, Day Care Centers, and school age child care programs, which are partially excepted from local zoning regulation by G.L. c. 40A, §3, shall be subject to a modified Site Plan Review process.
ii.
Demonstration of Qualification.
In order to qualify for these modified Site Plan Review standards, an applicant must satisfy the Building Commissioner that the use is exempt under G.L. c. 40A, §3.
iii.
General Review Procedure.
Site Plan Review for these uses shall be reviewed by the Approving Authority subject to the specific review criteria specified herein.
d.
Permitting Procedures.
i.
An application for Site Plan Review shall be filed by the Applicant 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 Approving Authority. The Applicant shall also file the required number of copies of the application with the Approving Authority including any required forms provided by the Approving Authority.
ii.
Upon receipt by the Approving Authority, applications for Site Plan Review shall be distributed to other city departments for review. Any reports from these parties shall be submitted to the Approving Authority within sixty (60) days of filing of the application. The Approving Authority or its designee shall forward to the Applicant, with its report, copies of all recommendations received to date from other boards, commissions or departments.
iii.
Within thirty (30) days of filing of an application with the Approving Authority, the Approving Authority or its designee shall evaluate the proposal with regard to its completeness and in the event of incompleteness shall submit an advisory report in writing to the Applicant outlining required items that were missing from the application. The Applicant shall be provided reasonable opportunity to provide the required information provided however that the required time for action by the Approving Authority.
e.
Contents of an Application for Site Plan Review.
The application for Site Plan Review shall include the following information although the Approving Authority may, upon written request from the Applicant, modify any of the following provided such modification will not negatively impact the Approving Authority’s ability to make an informed decision on the application, and the Approving Authority must state in writing their reasons for such modified requirements as part of their decision:
i.
Completed Application form with all fees in accordance with a printed fee schedule as established by the Approving Authority, and as may be amended from time to time.
ii.
Complete list of abutters certified by the City Assessor, including printed address labels.
iii.
Development Plan Summary including proposed housing unit count and/or square footage of nonresidential development; proposed number, location, configuration and design of proposed off-street parking spaces; and proposed off-site improvements (if any).
iv.
Proposed Site Plan drawings at 1” = 40’ scale or greater stamped by a Massachusetts Registered Professional Engineer or other appropriate professional including one (1) original and ten (10) copies at 24” x 36” dimension; and fifteen (15) paper copies at 11” x 17”. The site plan drawings shall contain the following information:
(a)
Names and address of Applicant and project engineer.
(b)
Development Project name, boundaries, north arrow, date scale.
(c)
Existing conditions on the lot(s), including the location and purposes of existing easements, if any.
(d)
Assessor’s parcel numbers of lot(s) subject to the Application.
(e)
Existing and proposed building footprints, parking areas, loading areas, pedestrian ways, driveway openings, driveways, access and egress points, service areas.
(f)
Existing and proposed topographic features on the lot and adjoining areas within 50 feet of said lot at two-foot contours, including walks, fences, walls, planting areas, and greenbelts.
(g)
The amount(s) in sq. ft. of proposed building(s), impervious surface area and open space (natural and landscaped) of the lot.
(h)
Proposed names of new street(s), if any.
(i)
Data to determine location, direction, width and length of every street line, lot line, easement, zoning district and boundary line.
(j)
A description of proposed ownership and maintenance of all traveled ways internal to the site, including vehicular ways and sidewalks.
(k)
Indication of purpose for proposed easements, if any.
(l)
Existing and proposed recreation areas and other open spaces, including dimensions.
(m)
Water supply systems, storm drainage systems, utilities, sites for enclosed refuse containers.
(n)
Storm-water management plan in the form required by the General Ordinance and/or the Zoning Ordinance.
(o)
Proposed landscaping plan which shall include the species, size, number, location and characteristics of proposed planting, landscaping, buffers, and screening.
(p)
Proposed lighting plan which shall show:
(i)
The location and type of any outdoor lighting Luminaires, including the height of the Luminaire.
(ii)
The Luminaire manufacturer’s specification data, including lumen output and photometric data showing cutoff angles.
(iii)
The type of lamp such as: metal halide, compact fluorescent, high-pressure sodium, etc.
(iv)
A photometric plan showing the intensity of illumination at ground level, expressed in foot-candles.
(q)
Where common open space and facilities are proposed as part of a Development Project, plans and any necessary supporting documents shall be submitted showing the proposed location, size and landscaping plan for such open space and facilities.
(r)
Building elevation drawings at 1” = 4’.
(s)
Renderings of the architectural design of the building(s) to be constructed and/or renovated, including identification of all major exterior materials, colors and finishes in sufficient detail for the Approving Authority to determine consistency with this Ordinance.
(t)
Traffic Impact Study. When a proposed Development Project is projected to generate more than one hundred (100) Peak Hour Trips based on ITE standards or more than seven hundred and fifty (750) Average Daily Trips, a traffic impact study shall be required, to include:
(i)
A report on existing traffic conditions, including estimated average daily and peak hour traffic volumes, average and peak speeds, sight distances, motor vehicle accident data for the previous three years, and levels of service (LOS) of intersections and streets likely to be impacted by the proposed Development Project. Generally, such data shall be presented for all major streets and intersections within 1,000 linear feet of the project boundaries.
(ii)
Projected traffic conditions for design year of occupancy, including statement of design year of occupancy, average annual background traffic growth, impacts of proposed developments which have already been approved or are pending before City boards.
(iii)
Projected peak hour and daily levels and directional flows resulting from the proposed Development Project; sight lines at the intersections of the proposed driveways and streets; existing and proposed traffic controls in the vicinity of the proposed development; and projected post development traffic volumes and levels of service of intersections and streets likely to be affected by the proposed Development Project.
(iv)
Proposed methods as necessary to mitigate the estimated traffic impact and methodology and sources used to derive existing data and estimations. The Approving Authority may accept the Applicant’s proposal to substitute a contribution of funds for the purpose of partial design and/or construction of off-site traffic improvements provided the funding is proportional to the impacts of the traffic impacts resulting from the proposed Development Project.
The Applicant may satisfy this requirement by submittal of a traffic study completed in compliance with the Massachusetts Environmental Policy Act (MEPA) if the Development Project is subject to MEPA. |
(u)
Sewage Impact Report.
Any application for Site Plan Approval for any use which produces more than five hundred (500) gallons per day of sewage flow when calculated in accordance with the flow estimates of CMR (Mass. Sewer System Extension and Connection Permit Program) SECTION 7.15 shall require an impact report to be filed with and approved by the Building Commissioner, the City Services Department and the City Engineer, which report shall indicate the total flow; the size, material and slope of all pipes; the ability of the system to carry the flow; locations of manholes and other appurtenances, and invert elevations.
f.
Public Hearing.
The Approving Authority shall hold a public hearing to consider applications for Site Plan Review, including notice of such hearing to abutters to abutters within three hundred (300) feet of the project locus, and shall review all applications according to the procedure set forth herein.
g.
Decision.
i.
The Approving Authority shall by majority vote approve, approve with conditions, or deny site plan approval to a proposed Development Project and shall file its decision with the City Clerk within 120 days of the receipt of the site plan application by the City Clerk. The time limit for public hearing and decision by the Approving Authority may be extended by written agreement between the Applicant and the Approving Authority with a copy of any such agreement filed with the City Clerk.
ii.
The Approving Authority’s findings, including the basis of such findings, shall be stated in a written decision of approval, conditional approval or denial of the Site Plan Approval application. The written decision shall contain the name and address of the Applicant, identification of the land affected and its ownership, and reference by date and title to the plans that were the subject of the decision.
h.
Criteria for Approval.
The Approving Authority shall approve an application for Site Plan Review upon finding that the Development Project complies with the requirements of this Ordinance and, to a degree consistent with a reasonable use of the site for the purposes permitted or permissible by the regulations of the district in which it is located:
i.
Will not be detrimental to or endanger the public health, safety, convenience, or general welfare;
ii.
Protects adjoining premises against detrimental or offensive uses on the site, including provision of adequate landscaping and screening of adjacent uses;
iii.
Will not be injurious to the use and enjoyment of the surrounding property;
iv.
Will not impede the efficient, orderly, and normal development of the surrounding property;
v.
Provides adequate access, utilities, landscaping, buffering, and other improvements; and
vi.
Provides pedestrian and vehicle ingress, egress, and circulation in a manner that maintains adequate public safety and efficient movement.
i.
Review Standards for Religious, Educational and Child Care Uses.
The Approving Authority may impose reasonable conditions, at the expense of the Applicant, to ensure that the following conditions have been satisfied. In reviewing the Site Plan submittal for an exempt use, the Approving Authority shall consider the following:
i.
Relationship of the bulk and height of structures and adequacy of open spaces to the natural landscape, existing buildings and other community assets in the area, which includes, but is not limited to, building coverage requirements, yard sizes, lot areas and setbacks;
ii.
Physical layout of the plan as it relates to convenience and safety of vehicular and pedestrian movement within the site, the location of driveway openings in relation to traffic or to adjacent streets and, when necessary, compliance with other regulations for the handicapped, minors and the elderly; and
iii.
Adequacy of the arrangement of parking and loading spaces and safety of proposed access and egress in relation to the proposed uses of the premises.
j.
Conditional Approval.
The Approving Authority may impose reasonable conditions, at the expense of the applicant, to ensure that the requirements of this Ordinance have been satisfied, and may further require provision of an operations and maintenance plan for traveled ways and associated drainage facilities, for sidewalks within public rights-of-way adjacent to the site, and for all common open space and facilities.
k.
Criteria for Denial.
The Approving Authority may deny an application for Site Plan Approval pursuant to this Ordinance if the Approving Authority finds one or more of the following:
i.
The Development Project does not meet the conditions and requirements set forth in this Ordinance; or
ii.
The Applicant failed to submit information and fees required by this Ordinance and necessary for an adequate and timely review of the Development Project; or
iii.
It is not possible to adequately mitigate significant adverse Development Project impacts on nearby properties or the general public by means of suitable conditions.
l.
Waivers.
The Approving Authority may within its reasonable discretion waive application or other procedural site plan requirements upon a determination that such waivers are insubstantial and are consistent with the intent and purposes of the LBEDD district, but may not waive any zoning requirement by means of Site Plan Approval.
m.
Filing of Decision.
The decision of the Approving Authority, together with the detailed reasons therefor, shall be filed with the City Clerk and the Building Commissioner. A copy of the decision shall be mailed by the Approving Authority to the Applicant and to the owner if other than the Applicant 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 Approving Authority. A notice of the decision shall be sent to parties in interest and to persons who requested a notice at the public hearing.
n.
Appeals.
The appeal of any decision of the Planning Board hereunder shall be made in accordance with the provisions of G.L. c. 40A §17.
o.
Lapse.
Site Plan Approval shall lapse after two (2) years from the grant thereof if a substantial use thereof has not sooner commenced except for good cause. Such approval may, for good cause, be extended in writing by the Approving Authority upon the written request of the applicant.
p.
Change in Plans after Approval by Approving Authority.
i.
Minor Change.
After issuance of Site Plan Approval, an Applicant may apply to make minor changes in a Development Project, that do not affect the overall build out or building envelope of the site, or provision of open space, or number of housing units, such as minor utility or building orientation adjustments, or minor adjustments to parking or other site details. An application for a minor change shall be submitted to the Approving Authority on redlined prints of the approved plan, reflecting the proposed change, and on application forms provided by the Approving Authority. The Approving Authority may authorize such changes at any regularly scheduled meeting, without the need to hold a public hearing. The Approving Authority 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.
ii.
Major Change.
Those changes deemed by the Approving Authority or its Administrator to constitute a major change in a Development Project because of the nature of the change in relation to the prior approved plan, or because such change is excluded from the definition of a minor change as indicated above, shall be processed by the Approving Authority as a new application for Site Plan Approval pursuant to this Ordinance.
4.
Administrative Site Plan Review.
a.
Eligibility.
If a proposed Project includes buildings that satisfy all dimensional requirements of this Ordinance and Uses that are allowable By-Right, the Administrator of the Approving Authority may issue an Administrative Site Plan Approval, which shall be identical in legal effect to a Site Plan Approval issued by the Approving Authority. Although subject to different procedural requirements as provided herein, any such Project shall be subject to the same use, dimensional and other performance standards included in this Ordinance as if such Project were a Development Project requiring Site Plan Approval.
b.
Procedures.
i.
A Project seeking Administrative Site Plan Approval shall file all application materials required for Site Plan Approval with the City Clerk. The Administrator of the Approving Authority shall, within thirty (30) days of such filing, make a written determination as to whether the Project may be approved administratively, or whether Site Plan Approval will be required, and shall include in the written determination the reasons for such finding.
ii.
In the case of a Project determined by the Administrator of the Approving Authority to qualify for Administrative Site Plan Approval, the Administrator of the Approving Authority shall issue a written decision approving the application. In all other cases, the Administrator shall refer the application to the Approving Authority for Site Plan Review within a public hearing and other requirements of the Section C. above.
iii.
All decisions of the Administrator of the Approving Authority shall be filed with the City Clerk.
c.
Waivers.
An Administrative Site Plan Approval may not authorize waivers.
d.
Date of Effect.
The date of effect of an Administrative Site Plan Approval shall be the date it is filed with the City Clerk.
e.
Appeals.
Where an Administrative Site Plan Approval is issued relative to a building or structure for which a building permit will be required, there shall be no appeal other than an appeal of the building permit.
5.
Special Permits.
Certain uses, structures or conditions are designated as special permit uses in the Table of Use Regulations at §5 of this Ordinance. Upon written application duly made, the SPGA may, in the exercise of its discretion and consistent with the purposed of this Ordinance and the district zoning purposes and, subject to the applicable conditions set forth in this Ordinance and subject to other appropriate conditions and safeguards, grant a special permit for such exceptions. Uses designated “SP” in the Table of Use Regulations may be allowed within the LBEDD by special permit.
a.
Special Permit Granting Authority.
For the purpose of this Ordinance the Special Permit Granting Authority (“SPGA”) shall be the Planning Board of the City of Everett.
b.
Application and Review Procedures.
i.
Application.
The applicant shall file an application for a special permit together with the required filing fee with the City Clerk. The application shall include a Site Plan and other materials as required at §10. C above. A copy of the application including the date and time filed, as certified by the City Clerk, shall be filed forthwith with the SPGA. The procedures set forth in G.L. c. 40A §9 shall be followed. The following additional materials shall be provided:
(a)
A statement of the Applicant’s specific infrastructure improvements, with a proposed schedule for completion of such improvements, or contributions to Identified Infrastructure Investments within the LBEDD, if any, in proportion to the number of residents, employees, and/or patrons of the proposed Development Project and the estimated need for or benefit from such Identified Infrastructure Investments as may result from the Development Project, including impacts on residents, employees and/or patrons , within then entire LBEDD, and, where applicable, to the City of Everett or portions thereof.
(b)
A statement of proposed traffic mitigation, if any, which shall, at a minimum, include a plan to minimize traffic and safety impacts through such means as physical design and layout, staggered employee work schedules, promoting use of public transit or car-pooling, or other effective means. Measures shall be proposed as necessary to achieve the following post-development standards:
(i)
Level of Service (LOS) at nearby intersections shall not be degraded more than one level as a result of traffic generated by the proposed Development Project, nor shall any intersections within the area of traffic effect be degraded below the level of D, except in exceptional circumstances as determined by the SPGA.
(ii)
Adjacent streets shall not exceed design capacity at the peak hour as a result of traffic generated by the proposed Development Project.
(iii)
Safety hazards shall not be created or increased as a result of traffic generated by the proposed Development Project.
(c)
In order to assist the SPGA to visualize a proposal for new construction abutting an existing residential use or exceeding thirty-five (35) feet in height, the Applicant shall submit an electronic 3-D model, or alternative form of representation satisfactory to the SPGA, of existing conditions on the site, and of the proposed Development Project. The model shall include the proposed height and massing of the proposed building(s), as well as existing or approved (but unconstructed) buildings located entirely within 300 feet of the proposed building(s). The model need not include full architectural detail but shall be scaled to accurately represent the existing and proposed developed conditions.
ii.
Reports from City Boards or Departments.
The SPGA shall transmit forthwith a copy of the application and plan(s) to other boards, departments, or committees as it deems necessary or appropriate, for their written reports. Any such entity to which applications are referred for review shall make such recommendation or submit such reports as they deem appropriate and shall send a copy thereof to the SPGA and to the applicant. Failure of any such entity to make a recommendation or submit a report within 21 days of receipt of the application shall be deemed a lack of opposition.
iii.
Public Hearing.
(a)
Special permits may be granted following a public hearing opened within sixty-five days after the filing of an application with the SPGA, a copy of which shall forthwith be given to the City Clerk by the applicant.
(b)
The SPGA shall hold a public hearing for which notice has been given by publication or posting as provided in G.L. c. 40A §11 and by mailing to all the parties in interest and shall make its decision within ninety days following the close of the hearing. The time limits for public hearing and decision may be extended by written agreement between the applicant and the SPGA, with a copy filed in the office of the City Clerk.
(c)
Consolidation of Public Hearings.
When the Planning Board serves as the SPGA for proposed work, it may at the request of the Applicant consolidate its Site Plan Review and special permit public hearings to the extent feasible.
iv.
Constructive Approval.
(a)
As provided in G. L. c. 40A, §9, failure by the SPGA to take final action upon an application for a special permit by its decision with the City Clerk within ninety days following the date of a public hearing shall be deemed to be a grant of the special permit.
(b)
An Applicant who seeks constructive approval because of the Approving Authority’s failure to act on an application within the time provided in this Ordinance, or extended time, if applicable, shall notify the City Clerk in writing, within fourteen (14) days from the expiration of ninety days or such extended time for a decision, of such approval and that notice has been sent by the Applicant to parties in interest by mail and that each such notice specifies that appeals, if any, shall be made pursuant to G.L. c. 40A and shall be filed within twenty (20) days after the date the City Clerk received such written notice from the Applicant that the Approving Authority failed to act within the time prescribed
v.
Conditions.
The SPGA may impose in addition to any other condition specified in this Ordinance such additional conditions as it finds reasonable and appropriate to minimize impacts on abutters, safeguard the neighborhood, or otherwise serve the purposes of this Ordinance and the specific purposes of the District in which the Development Project is located. Such conditions shall be stated in the special permit decision, and the Applicant may be required to post bond or other security for compliance with said conditions in an amount satisfactory to the SPGA. Conditions of a special permit may include, but are not limited to the following:
(a)
Dimensional requirements greater than the minimum required by this Ordinance.
(b)
Screening of parking areas or other parts of the premises from adjoining premises or from the street by specified walls, fences, plantings or other devices.
(c)
Modification of the exterior features or appearance of the structure.
(d)
Limitation of size, number of occupants, method and time of operation, and extent of facilities, or duration of the permit.
(e)
If the completion of and/or contribution to Identified Infrastructure Improvements proposed by the Applicant is deemed by the SPGA to be inadequate to achieve the standards set forth in this Ordinance, the Applicant may be required to provide alternative methods to meet the standards, which may include reduction in the size of the Development Project; change in proposed uses on the lot; contributions to specified Infrastructure Improvements, or construction of specified Infrastructure Improvements. Where the alternative proposals submitted by the Applicant are determined by the SPGA to be inadequate, and where it is determined by the SPGA that the primary traffic impacts of the Development Project as proposed will negatively affect particular locations where the City of Everett has engineered plans for infrastructure improvements that are in the planning or implementation stage, the Applicant may agree, in lieu of denial of the special permit, as a condition of special permit to contribute funds to a public infrastructure investment fund in an amount proportional to the impact of the proposed Development Project on the public infrastructure.
(f)
Regulation of number, design and location of access drives, drive-up windows and other traffic features.
(g)
Regulation of off-street parking or loading. The SPGA may require that adequate parking be made available as a condition of the issuance of a special permit, and it may impose such reasonable conditions and safeguards as it deems appropriate.
(h)
Requirements for performance bonds or other security.
(i)
Installation and certification of mechanical or other devices to limit present or potential hazard to human health, safety, or welfare of the City or of the environment resulting from smoke, odor, particulate matter, toxic matter, fire or explosive hazard, glare, noise, vibration or any other objectionable impact generated by any given use of land.
vi.
Required Findings for Approval.
The SPGA may grant special permits for certain uses or structures as specified in the Table of Use Regulations in this Ordinance. Before granting a special permit, the SPGA, with due regard to the nature and condition of all adjacent structures and uses, shall find all of the following conditions to be fulfilled:
(a)
The proposal is in harmony with the general purpose and intent of this Ordinance and the purposes of the zoning district and it will not be detrimental to the health, safety or welfare of the neighborhood or the City.
(b)
The proposal is compatible with existing uses and development patterns in the neighborhood and will be harmonious with the visual character of the neighborhood in which it is proposed.
(c)
The proposal will not create a nuisance to the neighborhood due to impacts such as noise, dust, vibration, or lights.
(d)
The proposal will not create undue traffic congestion nor impair pedestrian safety, and provides safe vehicular and pedestrian circulation within the site.
(e)
The proposal ensures adequate space onsite for loading and unloading of goods, products, materials, and equipment incidental to the normal operation of the establishment or use.
(f)
The proposal will not overload any public water, drainage or sewer system or any other municipal system to such an extent that the proposed use or any existing use will create significant hazards to health, safety, or the general welfare.
(g)
The proposal minimizes environmental impacts including erosion, siltation, detriment to ground and/or surface water levels, or detriment to ground or surface water quality.
(h)
All uses proposed in a Mixed Use Development Project shall be compatible with one another.
vii.
Provision for Density Bonus.
By issuance of a special permit, the Approving Authority may authorize increased building height, number of stories, residential density, FAR and/or may authorize reduced parking requirements, setback requirements, lot coverage requirements and open space requirements for Development Projects that include one or more public benefits as found by vote of the Approving Authority. Such public benefits may include, individually or in combination and without limitation:
(a)
A commitment by the Applicant to invest in Identified Infrastructure Improvements to the public infrastructure in the LBEDD, including without limitation roadways, intersections, sidewalks, public parks, other public space or facilities, weather-protected transit stops or bicycle racks, off-site pedestrian and/or cycling facilities, and/or installation of a network of way-finding signage, in addition to any required public improvements as may be required to mitigate the impacts of the proposed Development Project.
(b)
An increased amount of on-site Open Space;
(c)
Provision of structured parking;
(d)
Buildings that meet or exceed the stretch energy code requirements in the Massachusetts building energy code (in effect at the time construction documents are finalized); or an equivalent commitment to advanced energy efficiency as determined by the Approving Authority based on evidence on the recOrd. from qualified persons.
viii.
Decision.
As provided in G.L. c. 40A §9, the grant of a special permit shall be by a four-fifths vote. The SPGA may approve, approve with conditions, or deny a special permit for the proposed Development Project. Failure to obtain the necessary vote constitutes denial of the special permit.
(a)
The Approving Authority’s findings, including the basis of such findings, shall be stated in a written decision of approval, conditional approval or denial of the special permit application. The written decision shall contain the name and address of the Applicant, identification of the land affected and its ownership, and reference by date and title to the plans that were the subject of the decision.
(b)
The decision of the Approving Authority, together with the detailed reasons therefor, shall be filed with the City Clerk and the Building Commissioner. A copy of the decision shall be mailed by the Approving Authority to the Applicant and to the owner if other than the Applicant 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 Approving Authority. A notice of the decision shall be sent to parties in interest and to persons who requested a notice at the public hearing.
ix.
Effective Date of Special Permit.
If twenty (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 the application is approved by reason of the failure of the Approving Authority to timely act, the City Clerk shall issue a certificate in compliance with G. L. c. 40A, §9. A copy of the decision or certification of constructive approval shall be recorded with the title of the land in question in the Middlesex South District Registry of Deeds, 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 Applicant shall bear responsibility and the cost of said recording and transmittal to the Registry of Deeds, with proof of recording provided forthwith to the Approving Authority.
x.
Time Limitation on Special Permit.
Special permits shall expire two years from the date of the issuance of the permit, which period shall not include such time required to pursue or await the determination of an appeal referred to in G.L. c. 40A §17, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of a permit for construction, if construction has not begun by such date except for good cause.
xi.
Extension of Special Permit.
An extension may be granted by the SPGA for good cause upon the submission of an application and letter which explains the reasons for the requested extension. Such application shall follow the normal procedure as provided above, and must be filed with the City Clerk prior to the expiration date of the special permit. Any such extension shall be for a period of no more than one year.
xii.
Repetitive Applications.
No application which has been unfavorably acted upon by the SPGA shall be again considered by said Board within two years after the date of such unfavorable action unless the Planning Board and Zoning Board of Appeals consent thereto under the provisions of G.L. c. 40A §16.
6.
Consultant Review.
The Approving Authority may promulgate rules that provide for the imposition of reasonable fees to be paid by an Applicant for Special Permit for the employment of a professional engineer, architect, or landscape architect, or other outside consultants to advise the Board on any or all aspects of the site plan. The costs of such review shall be borne by the Applicant pursuant to G.L. c. 44 §53G. Such funds shall be held by the City of Everett in an interest-bearing escrow account, and shall be used only for expenses associated with the use of outside consultants employed by the Approving Authority in reviewing the Plan application. Any excess funds remaining after the completion of such review, including any interest accrued, shall be repaid to the Applicant or the Applicant’s successor at the completion of the Development Project and a final report of said account shall be made available to the applicant or to the applicant’s successor in interest.
7.
Certificate of Occupancy.
It shall be unlawful to use any part of any building or structure hereafter erected, until a certificate of occupancy shall have been issued therefor by the Building Commissioner, showing that the proposed use and construction are in accordance with this Ordinance. No permit for excavation or construction shall be issued by the Building Commissioner until he is satisfied that the plans and intended use of the building conform to the provisions of this Ordinance and the Massachusetts State Building Code. No application for a certificate of occupancy shall be issued relating to the manufacturing or processing of anything containing animal, poultry or vegetable matter, unless such application shall contain the written approval of the Board of Health. One (1) copy of any such plans, if and when approved by the Building Commissioner, shall be returned to the applicant with such permit as may be granted.
8.
Enforcement.
a.
Zoning Enforcement Officer.
This Ordinance shall be administered and enforced by the Building Commissioner of the City of Everett, who shall issue no permit for the erection or alteration of any structure or part thereof, the plans, specifications, and intended use of which are not in all respects in conformity with the provisions of this Ordinance.
b.
Maintenance of Common Areas, Landscaping and Improvements.
The recipient of any permit under this Ordinance, or any successor, shall be responsible for maintaining all common areas, landscaping and other improvements or facilities required by this Ordinance or any permit issued in accordance with its provisions. Those areas, improvements, or facilities for which an offer of dedication to the public has been accepted by the appropriate public authority are excluded. Such improvements shall include, but are not limited to, private roads and parking areas, water and sewer lines, passive and active recreational facilities, and vegetation and trees used for screening and landscaping. Such improvements shall be properly maintained so that they can be used in the manner intended. Vegetation and trees indicated on approved site plans shall be replaced within one growing system if they die or are destroyed.
c.
Penalties.
i.
Notwithstanding Section 13 of the Zoning Ordinance, any violation of the provisions of this Ordinance, or any violation of any plan or permit approved under the provisions of this Ordinance, including any conditions placed thereon, shall be subject to the following fines:
ii.
Such violation shall be noticed in the form of a ticket written by the Building Commissioner of the City of Everett under the authority of the Non-Criminal Disposition Ordinance under Article II of the General Ordinances, as amended.
9.
Adoption of Regulations.
The Approving Authority may adopt and from time to time amend rules relative to the issuance of such permits and shall file a copy of said rules in the office of the City Clerk.
K.
Severability.
A determination that any portion or provision of this Ordinance is invalid shall not invalidate any other portion or provision thereof, nor shall it invalidate any permit previously issued thereunder.