Groton City Zoning Code
§ 218-7.3
Town Center Overlay District.
A.
Definition. The Town Center Overlay District ("TCOD") is an overlay zoning district superimposed on an area of land in the Residential-Agricultural (R-A), Residential Business (R-B), Village Center Business, and P (Public Use) Districts. The boundaries of the TCOD are delineated on a map entitled "Town Center Overlay District, Town of Groton, Massachusetts" dated August 22, 2014, a copy of said map being on file in the Office of the Town Clerk.
B.
Purpose. The purpose of the TCOD is to promote a socially and economically vibrant town center by enabling civic, commercial and residential development that is consistent with the design guidelines for the district and with the Town's Comprehensive Master Plan, and by providing landowners with the opportunity to elect an alternative form of development which provides greater flexibility and density in exchange for advancing the TCOD design and land use goals contained in those documents.
C.
Applicability and permitted uses. Within the boundaries of the TCOD, all of the uses permitted in the underlying R-A, R-B, VCB and P District(s) in which the subject land is located are permitted, subject to the same use and development regulations as may otherwise apply thereto. Alternatively, said uses and one or more of the following additional uses may be permitted as part of a TCOD development authorized by special permit under this section, subject to site plan review under § 218-2.5 and in conformance with the development standards set forth below in Subsection D:
(1)
Small-scale retail store or service establishment.
(2)
Business or professional offices.
(3)
Restaurant or other place for serving food, but not including drive-through service windows.
(4)
Mixed-use development consisting of two or more of the above-listed uses.
(5)
Mixed-use/residential development consisting of one or more of the above-listed uses together with duplex dwellings and/or multifamily dwellings.
D.
Development standards.
(1)
A TCOD development shall consist of one or more buildings and uses developed on a single tract of land, to be held in one ownership, with definite boundaries ascertainable from a deed or a recorded plan. A TCOD development tract may be comprised of one or more parcels of contiguous land. The tract, however, may be divided by a public or private way.
(2)
There shall be no minimum lot width, lot area or frontage for a TCOD development tract. Where a TCOD development tract consists of more than one lot or parcel, there shall be no minimum lot width, lot area or lot frontage requirements for individual lots within such development tract.
(3)
The height of buildings and structures in a TCOD development shall not exceed 35 feet, except where the special permit granting authority authorizes a greater height based on recommendations from the Design Review Committee.
(4)
No building or structure within a TCOD development shall be constructed closer to the exterior boundary of the TCOD District than 15 feet. Otherwise, setbacks of buildings and structures within a TCOD development shall be consistent with the design guidelines and the recommendations of the Design Review Committee. Once the TCOD development is approved, all buildings and structures shall be located as shown on the site plan approved under § 218-2.5, which site plan shall be incorporated by reference in the TCOD special permit.
(5)
Ground coverage of a TCOD development tract by buildings and other impervious surfaces shall not exceed 75%, except where the special permit granting authority authorizes a greater coverage based on recommendations from the Design Review Committee.
(6)
Low-impact development (LID) techniques shall be used for stormwater management in accordance with the TCOD LID design guidelines, except where the special permit authority authorizes a waiver of this requirement based upon the recommendations of the Design Review Committee.
(7)
Notwithstanding the density provisions of § 218-6.3E, maximum residential density in TCOD developments shall not exceed 10 dwelling units per acre; provided, however, that the special permit granting authority may allow a density of up to 14 dwelling units per acre through use of TDRs under § 218-9.1 of this chapter. Where the computation of the allowable number of dwelling units results in a fractional number, the fractional number shall be rounded up to the nearest whole number. New dwelling units constructed in a TCOD development shall not exceed 2,000 square feet in habitable floor area, and shall not have more than three bedrooms, except where the special permit granting authority authorizes an increase in habitable floor area and/or the number of bedrooms upon a determination that such waiver(s) will not derogate from the intent of this chapter nor be detrimental or injurious to the public health and welfare.
(8)
Affordable housing requirements.
(a)
In any TCOD development with more than six dwelling units, at least 15% of the dwelling units shall be restricted as affordable units as defined in § 218-9.1B of this chapter.
(b)
Computation of the required number of affordable units shall be based on the total number of dwelling units in the TCOD development, including any density bonus units and any already existing dwelling units. Where the computation results in a fractional number, the fractional number shall be rounded up or down to the nearest whole number.
(9)
Parking and access requirements.
(b)
Parking location. All parking areas shall be located at the rear of the TCOD development tract, and no closer to any street line of the tract than 50 feet, unless the special permit granting authority allows a reduction of the 50 feet based on the recommendations of the Design Review Committee.
(c)
Access. Each building in a TCOD development shall be served by adequate and legally enforceable rights of access to a public street via a private street or driveway.
(10)
Design guidelines. The special permit granting authority shall adopt and publish design guidelines which shall be applicable to all buildings, structures, landscaping, parking, and private streets and other accessways within TCOD developments.
E.
Special permit granting authority. The Planning Board shall be the special permit granting authority for TCOD developments. If any individual use to be included in a proposed TCOD development would otherwise be subject to a special permit from the Board of Appeals pursuant to § 218-5.2, Schedule of Uses for the underlying district, the Planning Board shall serve as sole special permit granting authority for purposes of including such use as part of the proposed TCOD development.
F.
Design Review Committee. The Planning Board shall appoint three members and two alternates to the Design Review Committee. The initial three members of the Committee shall be appointed so that one member shall serve for one year, one member shall serve for two years, and one member shall serve for three years, and, thereafter, when the term of any member expires, successors shall be appointed for three-year terms. Alternate members, who may act when a member is unavailable or unable to participate in a matter on account of a conflict of interest, shall be appointed to serve for one year.
G.
Application procedure.
(1)
An application for a special permit to develop and use land in the TCOD in accordance with the provisions of this section shall be submitted in writing in such form as the Planning Board may require.
(2)
Upon receipt of an application for a TCOD development special permit, the Planning Board shall forthwith forward a copy of said application to the Design Review Committee with a request for the Committee's recommendations.
(3)
The Design Review Committee shall evaluate the proposed site and building construction or alterations based upon the published design guidelines, and shall submit its written findings and recommendations to the Planning Board and to the applicant concerning factors including, but not limited to:
(4)
The Design Review Committee's findings and recommendations shall include: (1) an evaluation and opinion as to whether the proposed building and site design and the proposed development layout constitute a suitable development for the TCOD; (2) a statement as to whether the proposed development plans are consistent with the purposes of the TCOD and the published design guidelines for the TCOD or, wherever the plans are not consistent, a statement of the respects in which they are not consistent; and (3) recommendations for modifications, restrictions or requirements to be imposed on the site development as a condition of granting the requested special permit, as well as any recommendations with respect to waiver(s) of the design guidelines, or of the height, ground coverage, or off-street parking location requirements of this section.
(5)
Issuance of special permit. A special permit may be granted for a TCOD development only if the special permit granting authority shall find:
(a)
That the proposed development is in harmony with the purposes of the TCOD;
(b)
That the proposed development contains a use or a mix of uses that enhances the village center character of the district;
(c)
That the proposed architectural and site design elements are consistent with the published design guidelines or, in the event of inconsistency, that the inconsistency is necessitated by changed conditions or earlier error and that the departure does not result in a less beneficial development for the TCOD;
(d)
That the proposed development is consistent with, and maximizes realization of, the applicable goals and objectives for Groton Center, Housing, Business Development, Town Services and Facilities, Historic Preservation, Traffic and Transportation, Recreation, and the Natural Environment, as set forth in the Comprehensive Master Plan.
A special permit granted under this section shall incorporate by reference the approved site plan for the development and all other plans and materials upon which the special permit granting authority relied in making its findings.