Hull City Zoning Code
ARTICLE IV
Use Regulations
§ 410-4.1 Site plan review.
A.
Purpose: The purpose of the site plan review process is to protect the health, safety, convenience and general welfare of Town residents by providing for a review of plans for uses, buildings and structures which may have significant impacts on traffic, municipal and public services and utilities, environmental quality, community economics and community values in the Town.
B.
Applicability: The site plan review and approval provisions of this section shall apply to the following types of structures and uses:
(1)
Land subdivisions resulting in three or more lots.
(2)
New buildings and/or structures, which involve non-residential uses or multi-family uses for three or more residential units, and expansions or changes in use of existing buildings which are now, or will result in 5,000 square feet of gross floor area. (Amended, Annual Town Meeting, May 5, 2003)
(3)
The calculation of increase in floor area shall be based on the aggregate of all new structures, improvements, alterations or enlargements, calculated from the date of enactment of this section.
(4)
Wireless Communication Facility.
C.
Application and Review Procedure:
(1)
Basic Requirements: An application for Site Plan Review shall be submitted to the Building Commissioner who shall calculate the fee based upon the estimated cost and evaluate the plan for conformity with zoning. Within 15 working days from receipt of the documents, the Building Commissioner shall return the plans to the applicant along with a memo stating conformity or non-conformity with the zoning bylaw citing the non-conformities, if any, with a copy to the Planning Board. Upon receipt of the Building Commissioner's evaluation, the applicant may file the application and the fee with the Planning Board, which shall begin the review process as outlined in the zoning by law. The Town requires that no building permit be issued for those projects for which site plan review is necessary unless the Planning Board has approved an application. In addition, no occupancy permit may be granted by the Building Commissioner until the Planning Board has given its approval that the project (and any associated off-site improvements) conform to the approved application and any conditions imposed by the Planning Board. A temporary occupancy permit may be granted with the approval of the Planning Board subject to conditions for completion of work (which shall include a requirement for surety, in an amount and form to be determined by the Planning Board). (Amended, Annual Town Meeting, May 13, 2002)
(2)
Materials Required: An application for site plan review shall be accompanied by:
(a)
One or more drawings prepared by qualified professionals such as a registered engineer, architect, or landscape architect and containing:
[1]
Location and dimensions of all buildings, easements and structures, and other construction, parking and loading areas, walkways and driveways, internal roadways and accessways to adjacent public roadways; location and type of all external lighting, utilities, gas, telephone, electrical, communications, water drainage, flood zones, sewer and other waste disposal.
[2]
Location, type, dimensions, and quantities of landscaping and screening.
[3]
Location of all other existing natural features; including ponds, brooks, streams, and wetlands.
[4]
Topography of the site, with two-foot contours.
(b)
A brief written narrative description of the project, highlighting any special features of the items listed above, shown on the site plan. At a minimum the narrative description should provide enough information for the Planning Board to understand what site planning, architectural, landscaping and engineering solutions are being proposed to handle the problems of traffic, parking, internal pedestrian circulation, provision of utilities, drainage, flooding, including the potential impacts of future sea level rise, wastewater and solid waste disposal, lighting and signage, environmental protection and aesthetic considerations such as views and design compatibility with surrounding development.
(c)
A minimum of five copies of the drawing(s) and narrative shall be submitted to the Planning Board. The Planning Board may request additional copies as it finds necessary.
(3)
Additional Materials Required: After initially reviewing the proposed site plan the Planning Board may require that the applicant submit any of the following materials:
(a)
Conceptual drawings of buildings and structures to be erected, including elevations.
(b)
A landscape plan at the same scale as the site plan, showing the limits of work, existing trees, and all proposed landscape features and improvements including planting areas with size and type of stock for each shrub or tree.
(c)
A locus plan showing the entire project and its relation to existing areas, buildings, structures and roads for a distance of 1,000 feet from the project boundaries, or such other distance as may be approved or required by the Planning Board.
(d)
An isometric line drawing (projection) at the same scale as the site plan, showing the entire project and its relation to existing areas, buildings, structures and roads for a distance of 100 feet from the project boundaries.
(e)
In addition, the Planning Board may require a developmental impact study to be prepared by a consultant at the expense of the applicant if the site plan and narrative description do not answer key questions relating to the environment, soils, water, traffic and surrounding community.
(f)
A model at the same scale as the site plan, showing the entire project and its relation to existing areas, buildings, structures and roads for a distance of 100 feet from the project boundaries.
(g)
Should the Planning Board find it necessary to seek advice or assistance, it has the authority to employ professional consultants or experts, including, technicians, attorneys, engineers and/or architects for the purposes of reviewing and evaluating, on its behalf, the information shown on the Site Plan and any additional material. The costs of such professional assistance incurred by the Planning Board shall be borne by the applicant. However, the cost to be paid by the applicant (1) shall not exceed the reasonable and usual charges by the consultants; and (2) shall be estimated in writing by the consultants and made known to the applicant before the Board incurs any costs. No Occupancy Permit may be issued by the Building Commissioner until the applicant has paid, or reimbursed the Town for, all such costs.
(h)
Light pollution prevention. The Planning Board may require full or partial compliance with the following:
[Added 5-1-2023 ATM by Art. 12]
[1]
Purpose and intent. The purpose of this Bylaw is to create standards for outdoor lighting so that its use does not unreasonably interfere with the reasonable use and enjoyment of property within the town of Hull. It is the intent of this section to encourage, through the regulation of the types, construction, installation and uses of outdoor electrically powered illuminating devices, lighting practices and systems which will reduce light pollution, light trespass and glare in order to preserve and enhance the natural, scenic, and aesthetic qualities of Hull, conserve energy and decrease lighting cost without decreasing nighttime safety, security, and productivity, and preserve the night sky as a natural resource to enhance nighttime enjoyment of property within Hull.
[2] CUTOFF ANGLE CORRELATED COLOR TEMPERATURE (CCT) DIRECT LIGHT FOOT-CANDLE FILTERED GLARE HEIGHT OF LIGHT FIXTURE ILLUMINATING ENGINEERING SOCIETY (IES) LAMP LIGHT FIXTURE LIGHT TRESPASS PHOTOMETRIC PLAN SHIELDED LIGHT FIXTURE UPLIGHT
Definitions. Except as noted hereinafter, all definitions are provided in the Zoning Bylaw. Unless the context clearly indicates otherwise, certain words and phrases used in this section shall mean the following:
The angle formed by a line drawn from the direction of the direct light rays at the light source with respect to the vertical, beyond which no direct light is emitted.
The Specification of the color appearance of the light emitted by a light source measured in degrees Kelvin (K).
Light emitted directly by a lamp, off a reflector, or through a refractor of an outdoor light fixture.
Standard measurement of illumination in the United States, defined as one lumen per square foot.
When referring to an outdoor light fixture, means that the fixture is to be fitted with a glass, acrylic, or other translucent enclosure of the light source.
Light emitted from a light fixture with intensity great enough to produce annoyance, discomfort, or a reduction in a viewer's ability to see.
The vertical distance from the finished grade of the ground directly below to the lowest direct light emitting part of the light fixture.
An industry-backed non-profit organization that is the recognized technical and educational authority on illumination science. They publish and maintain technical standards through an accredited process and provide best practice recommendations for lighting installations.
The component of an outdoor light fixture that produces light.
A complete lighting system, including the assembly that houses a lamp or lamps, and which may include a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor, lens, or diffuser lens.
Direct light emitted by an outdoor lamp fixture that shines beyond the boundaries of the property on which the outdoor light fixture is installed.
Site plan showing the light levels (measured in foot candles) from each light fixture across and beyond the boundaries of the site.
A lamp and fixture assembly designed to eliminate light being emitted in an unwanted direction. Fixtures may include an array of shielding options such as back, front or side to prevent light trespass or uplight shielding to prevent light emitting light above a horizontal plane.
Direct light emitted by an outdoor light fixture above a horizontal plane through the fixture's lowest light-emitting part. Uptight is quantified using the IES U rating system, U1-U5.
[3]
Lighting Plan. The applicant shall provide a Lighting Plan consisting of:
[a]
A photometric plan showing the intensity of illumination at ground level, expressed in foot candles
[b]
Specifications for all proposed lighting fixtures and control systems for all characteristics outlined in section E. Control of Glare, Light Trespass, and Operation.[1]
[1]
Editor's Note: See Subsection C(3)(h)[5] below.
[c]
Proposed mounting height of outdoor lighting fixtures.
[d]
A written narrative explaining how the proposed lighting and installation methods will limit impacts on surrounding properties
[4]
Lighting specifications. To prevent light pollution, all products shall meet the following specifications:
[a]
Product must have a maximum IES Uplight rating of U1
[b]
Correlated Color Temperature (CCT) must not exceed 3000K
[d]
Products that include an arm or tenon mount must have a maximum allowable tilt of +/- 10 degrees
[e]
Products must have at least one shielding option or accessory available (e.g., house side shield, etc.)
[5]
Control of glare, light trespass, and operation.
[a]
All Light Fixtures shall be equipped with whatever shielding, filters, lenses, or cutoff devices required to eliminate Light Trespass onto any street or abutting lot or parcel, to eliminate unreasonable glare to persons on any street or abutting lot or parcel and to minimize uplighting.
[b]
Outdoor Lighting Fixtures intended solely to illuminate any freestanding surface (signs, walls, landscaping elements, etc.) shall be 1) mounted above the surface and face downward to prevent uplight and 2) shielded so that Direct Light is confined to the surface only.
[6]
Exemptions.
[a]
All light fixtures lawfully in place prior to the date of this amendment shall be grandfathered. However, any light fixture that replaces a grandfathered light fixture, or any grandfathered light fixture that is moved, must meet the standards of this regulation.
[7]
Special Permit. Alternative outdoor light fixtures may be allowed by Special Permit if it is found that the fixture's design and appearance are superior, significant light pollution will not be created, and light trespass and glare are minimal.
(4)
The Review Process: The Planning Board shall hold a public hearing on any properly completed application within 65 days after filing, with proper notice per Massachusetts General Law, Chapter 40A, Section 11, and shall render its decision within 105 days of the filing. If the Planning Board fails to act within said time period, the application shall be deemed to be approved. However, upon the written request of the applicant, the time period during which the Planning Board must render its decision may be extended or continued to any mutually agreed upon date and time specific. All costs of the notice requirements shall be at the expense of the applicant.
(a)
Upon reviewing a completed application, the Planning Board may seek the comments of any of the Town Boards or Staff which the Planning Board finds appropriate, including: the Building Commissioner, the Highway Department, the Town Planner, the Police Department, the Fire Department, the Design Review Board, the Board of Health, the Conservation Commission, The Park and Recreation Commission, the Electric Light Department, the Sewer and Water Commission, the Historical Commission, the Board of Appeals, and the Select Board.
[Amended 5-8-2021 ATM by Art. 6C]
(b)
Within 35 days of receiving a copy, these agencies shall report to the Planning Board on (1) the adequacy of the data and the methodology used to determine the impacts of the proposed development and (2) the effects of the projected impacts of the proposed development. An agency may recommend conditions or remedial measures to accommodate or mitigate the expected impacts of the proposed development. Failure by any agency to report within the allotted time shall constitute approval by that agency of the adequacy of the submittal and also that, in the opinion of the agency, the proposed project will cause no adverse impact.
(c)
The Planning Board shall not render a decision on an application until it has received and considered all reports requested from Town departments and boards, or until the 35 day period has expired, whichever is earlier. Where circumstances are such that the 35 day period is insufficient to conduct an adequate review, the Planning Board may, at the written request of the applicant; extend such period to 60 days.
(d)
In reviewing the impacts of a proposed development, the Planning Board shall consider the information presented in the application for site plan approval, all reports of Town departments submitted to the Planning Board, and any additional information available to the Planning Board, submitted to the Planning Board by any person, official or agency, or acquired by the Planning Board on its own initiative or research.
(5)
Board Actions:
(a)
The Planning Board may grant approval, may deny approval or may grant approval with special conditions, based on its review of the projected development impacts and the proposed methods of mitigating such impacts, and whether the proposed development is in conformance with Subsection D, Design Guidelines. The Planning Board may also waive the requirements for site plan review if, in the opinion of a two-third majority of the Planning Board, the adverse impacts of the proposed development are not significantly greater than the impacts of uses which are or can be made of the site under existing laws and regulations.
(b)
Conditions which may be imposed with an approval may include
[1]
Controls on the location and type of access to the site;
[2]
Requirements for off-site improvements to improve the capacity and safety of roads, intersections, pedestrian ways, water, sewer, drainage, and other public facilities which are likely to be affected by the proposed development;
[3]
Requirements for donation and/or dedication of land for right-of-way to provide for future roadway and/or intersection widenings or improvements;
[4]
Requirements for securing the performance of all proposed work, including proposed off-site improvements, by either or both of the following methods:
[a]
A performance bond, a deposit of money, negotiable securities, letter of credit, or bank passbook in an amount determined by the Planning Board to be sufficient to cover the cost of all or any part of the improvements required as conditions of approval,
[b]
A covenant running with the land, executed and duly recorded by the owner of record, whereby the required improvements shall be completed before the property may be conveyed by other than a mortgage deed.
[5]
Conditions to minimize off-site impacts on traffic and environmental quality during construction.
(6)
The Appeal Process: Any person aggrieved by a decision or non-decision of the Planning Board with regard to Site Plan Review may appeal to the Board of Appeals in accordance with Massachusetts General Law, Chapter 40A, Section 8.
(7)
Application Fee: The fee for filing a Site Plan Review Application is as indicated in the Planning Board Rules and Regulations Fee Schedule. The fee shall be paid at the time of application.
[Amended 5-3-2017 ATM by Art. 17]
(8)
Administration: The Planning Board shall be responsible for deciding the meaning or intent of any provision of this section which may be unclear or in dispute.
(9)
Lapse of Approval: Site plans approved under § 410-4.1 of this Zoning Bylaw shall automatically lapse two years from the date of approval unless substantial use or construction has commenced except for good cause. Not included in the two-year time period is the time required to pursue or await the determination of an appeal referred to in Section 17 of M.G.L. Chapter 40A. (Amendment added, Annual Town Meeting, May 13, 2002)
D.
Design Guidelines:
(1)
The following specific items may be considered by the Planning Board in making its decision:
(a)
Protection and enhancement of important existing site features.
(b)
Protection of adjoining premises against detrimental uses by provision of surface water drainage, sound, sight and wind barriers and preservation of views, light and air quality.
(c)
Convenience and safety of vehicular and pedestrian movement within the site, the location of driveway openings in relation to traffic or to adjacent streets.
(d)
Adequacy of the arrangement of parking and loading spaces.
(e)
Adequacy of the methods of disposal of refuse and other wastes.
(f)
Relationship of buildings, structures and open space to the natural landscape and existing buildings and structures.
(g)
Prevention of pollution of surface and groundwater, soil erosion, increased runoff and flooding.
(h)
Protection against flood damage on site and protection against flood impacts to adjoining properties, taking into consideration current conditions and the potential for future sea level rise.
(2)
In considering these items the Planning Board should use the following principles:
(a)
Preservation of Landscape: The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of neighboring developed areas;
(b)
Community Impacts: Design elements shall be compatible with the character and scale of neighboring properties, buildings and structures. The design of the development shall be consistent with existing local standards and plans, including those adopted by the Planning Board, Conservation Commission, Parks Commission, Design Review Board and other Town bodies having such jurisdiction.
(c)
Relation of Proposed Buildings and Structures to Environment: Proposed buildings and structures shall be related harmoniously to the terrain and to existing buildings and structures in the vicinity that have a visual relationship to the proposed buildings and structures. The achievement of such relationship may include the enclosure of space in conjunction with other existing buildings and structures or other proposed buildings and structures and the creation or focal points with respect to avenues of approach, terrain features or other buildings and structures. Projects are strongly encouraged to create or extend public spaces such as open plazas that extend walkways into a project, courtyards that are publicly accessible, or small areas of greenery that extend an adjoining green area into a project.
(d)
Drives, Parking and Circulation: With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to location and number of access points, general interior circulation, separation of pedestrian and vehicular traffic, and arrangement of parking areas that are safe and convenient and insofar as practicable, do not detract from the design of proposed buildings and structures and the neighboring properties. Landscaping and/or fencing shall be used to buffer parking areas from adjacent areas. Pedestrian access to nearby public areas such as parks, beaches, public buildings and structures and commercial establishments shall not be impeded but rather encouraged wherever possible and barriers to pedestrian patterns shall be avoided.
(e)
Surface Water Drainage: Special attention shall be given to proper site surface drainage so that removal of surface waters shall not adversely affect neighboring properties or the public storm drainage system.
(f)
Utility Service: Whenever feasible, electric, telephone and other utility lines shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and the site.
(g)
Advertising Features: The size, location, design, color, texture, lighting and materials of all exterior signs and outdoor advertising structures or features shall not detract from the design of proposed buildings and structures and the surrounding properties.
(h)
Special Features: Exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures shall be subject to such setbacks, screen plantings, or other screening methods as may reasonably be required to prevent their being incongruous with the existing or contemplated environment and surrounding properties.
(i)
Other Environmental Impacts: The proposed project shall not create any significant emission of noise, dust, fumes, noxious gases, radiation, or water pollutants, or any other similar significant adverse environmental impact. The location and configuration of proposed buildings and structures, parking areas and open space shall be designed so as to minimize shadow effects and any adverse impact on temperature levels or wind velocities on the site or adjoining properties.
(j)
Outdoor Lighting: Outdoor lighting, including lighting on the exterior of a building and/or structure, or lighting in parking areas, shall be arranged to minimize glare and light spillover to neighboring properties.
(k)
Vistas and View Corridors: Hull is a community with many important visual resources which should be maintained or enhanced. Among the important visual features are water bodies, parks, beaches, and other open spaces; landmarks, monuments, and historically and architecturally important buildings and structures. It is the policy of the Hull Planning Board to open up, create, and maintain important view corridors, especially of such landmark features as Boston Light, World's End, the Weir River, all ocean, bay and harbor views; Fort Revere, the Boston skyline, and Hull Village Common.
(l)
Flooding; Special attention shall be given to maintaining the natural capacity of the land to prevent or reduce flooding. Structures, including fill, shall be designed with special attention to minimizing the potential for property damage from flooding and the re-direction of flood waters to other locations.
E.
Separability: The invalidity of one or more provisions or clauses of this section shall not invalidate or impair the section as a whole or any other part hereof.
§ 410-4.2 Floodplain District use and development.
[Amended 5-7-2012 ATM by Art. 27; 5-7-2012 ATM by Art. 28; 5-7-2012 ATM by Art. 29; 5-6-2024 ATM by Art. 31]
A.
The purpose of the Floodplain Overlay District is to:
(1)
Ensure public safety through reducing the threats to life and personal injury.
(2)
Eliminate new hazards to emergency response Commissioners.
(3)
Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding.
(4)
Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding.
(5)
Eliminate costs associated with the response and cleanup of flooding conditions.
(6)
Reduce damage to public and private property resulting from flooding waters.
(7)
Preserve the natural flood control characteristics and the flood storage capacity of the floodplain.
(8)
Minimize potential loss of life, destruction of property, and environmental damage resulting from the projected impacts of a warming climate, including extreme rain events and relative sea level rise.
B.
Designation of Floodplain Administrator. The Town of Hull hereby designates the position of Floodplain Administrator to be the Building Commissioner for the Town. In the event the Building Commissioner is not available, the Director of Climate Adaptation and Conservation shall act the Administrator or such other administrative employee designated by the Town Manager.
C.
Permit Requirements. The Town of Hull requires a permit for all proposed construction or other development in the floodplain overlay district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties. Hull's permit review process includes the requirement that the applicant obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the floodplain overlay district. The applicant must acquire all necessary permits, and must demonstrate that all necessary permits have been acquired.
(1)
All development in the district, including structural and non-structural activities, whether permitted by right, by special permit or by variance, must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following:
(a)
Sections of the Massachusetts State Building Code (780 CMR) which address floodplain and coastal high hazard areas;
(b)
Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);
(c)
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
(d)
Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00);
(e)
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);
(2)
Permit applicants in the Floodplain Overlay District shall be made aware of future flood risk including the projected frequency and depth of flooding as shown on the Hull's MC-FRM "2.4 Foot Sea Level Rise" map dated 05/19/2022, and on the "1.2 Foot Sea Level Rise Flood Depth" map dated 05/19/2022, or the most current version of the MC-FRM (or latest state-adopted projection models), on file with the Town Clerk, Building Commissioner, Planning Board, and Department of Climate Adaptation and Conservation. Applications for new construction and/or substantial improvement of three or more residential units, new construction and/or substantial improvement of non-residential structures shall include 1) a narrative, on a form designated by the Town, describing proposed methods to minimize future flood impacts to the property and surrounding areas, and 2) if relevant, include on site plans 1%-chance BASE FLOOD elevation predicted for 2.4 Foot Sea Level Rise. The future flood risk maps and GIS data layers are for planning purposes. Building Code flood resistant regulations apply only to the FEMA FIRMs.
D.
Floodway Encroachment.
(1)
In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(2)
In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town's FIRM encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
E.
Unnumbered A Zones. In A Zones, in the absence of FEMA BFE data and floodway data, the Building Department will obtain, review and reasonably utilize base flood elevation and floodway data available from a Federal, State, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A as the basis for elevating residential structures to or above base flood level, for flood-proofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.
F.
AO and AH Zones Drainage Requirements. Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.
G.
Subdivision Proposals.
(1)
All subdivision proposals and development proposals in the floodplain overlay district shall be reviewed to assure that:
(2)
When proposing subdivisions or other developments in the Federal Floodplain District greater than 50 lots or five acres (whichever is less), the applicant must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.
H.
Recreational Vehicles. In A1-30, AH, AE Zones, V1-30, VE, and V Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.
I.
Protection of Dunes. Man-made Alteration of sand dunes within the Zone VE which would increase potential flood damage are is prohibited. All new construction within Zone VE must be located landward of the reach of mean high tide.
J.
Watercourse Alterations. In a riverine situation, the Floodplain Administrator shall notify the following of any alteration or relocation of a watercourse:
K.
Requirement to Submit New Technical Data. If the Town acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town will use its best efforts, within six months, to notify FEMA of these changes by submitting the technical or scientific data that supports the change(s). Notification shall be submitted to:
L.
Variances to Building Code Floodplain Standards.
(1)
The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files.
(2)
The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of the Floodplain Administrator that i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.
M.
Variances to Local Zoning Ordinances Related to Community Compliance with the National Flood Insurance Program (NFIP). A variance from these floodplain ordinances must meet the requirements set out by State law and may only be granted if: 1) good and sufficient cause and exceptional non-financial hardship exist; 2) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud of the public; and 3) the variance is the minimum action necessary to afford relief.
N.
Abrogation and Greater Restriction. The floodplain management regulations found in this Floodplain Overlay District shall take precedence over any less restrictive conflicting Zoning Ordinance provision.
O.
Disclaimer of Liability. The degree of flood protection required by this ordinance is considered reasonable but does not imply total flood protection. Nothing contained herein or any act taken or not taken relative too this bylaw shall be construed to be a specific assurance of safety or assistance.
P.
Severability. If any section, provision, or portion of this ordinance is deemed to be unconstitutional or invalid by a court, the remainder of the ordinance shall be effective.
Q. AREA OF SPECIAL FLOOD HAZARD BASE FLOOD COASTAL HIGH HAZARD AREA DEVELOPMENT FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY (FIS) FLOODWAY FUNCTIONALLY DEPENDENT USE HIGHEST ADJACENT GRADE HISTORIC STRUCTURE(1) (2) (3) (4) NEW CONSTRUCTION RECREATIONAL VEHICLE(1) (2) (3) (4) REGULATORY FLOODWAY SPECIAL FLOOD HAZARD AREA START OF CONSTRUCTION STRUCTURE SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT(1) (2) SUBSTANTIAL REPAIR OF A FOUNDATION VARIANCE
VIOLATION ZONE AE ZONE AO ZONE VE
Definitions.
means the land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, A1-30, AE, A99, V1-30, VE or V.
means the flood having a 1% chance of being equaled or exceeded in any given year.
means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on a FIRM as Zone V, V1-30, VE.
means any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. [US Code of Federal Regulations, Title 44, Part 59]
means an official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
means an examination, evaluation and determination of flood hazards, and if appropriate, corresponding water surface elevations or an examination, evaluation and determination of flood-related erosion hazards.
means the channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [International Building Code, Chapter 2, Section 202]
means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. [US Code of Federal Regulations, Title 44, Part 59] Also [Referenced Standard ASCE 24-14]
means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [US Code of Federal Regulations, Title 44, Part 59]
means any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Preservation programs which have been approved by the Secretary of the Interior; or) Individually listed on a state inventory of historic places in states with historic
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
means structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement. [Referenced Standard ASCE 24-14]
means a vehicle which is:
Built on a single chassis;
400 square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. [US Code of Federal Regulations, Title 44, Part 59]
see FLOODWAY.
means the land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2, Section 202]
means the date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202]
means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a building, other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a manufactured home on foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction alteration or repair, unless such materials or supplies are within an enclosed building on the premises.
means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
means any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50% of the market value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:
Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the Building Commissioner and that are the minimum necessary to assure safe living conditions.
Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure. [Base Code Section 1612.2]
means when work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the Building Commissioner shall determine it to be substantial repair of a foundation. Applications determined by the Building Commissioner to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. [As amended by MA in 9th Edition BC]
means a grant of relief by a community from the terms of a flood plain management regulation. [US Code of Federal Regulations, Title 44, Part 59]
A variance from this FP Bylaw must meet the requirements set out by State law and (1) may only be granted if a good and sufficient cause and exceptional non-financial hardship exist; 2) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and 3) the variance is the minimum action necessary to afford relief. |
means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]
means area of special flood hazard with water surface elevations determined.
means area of special flood hazards having shallow water depths and/or unpredictable flow paths between one and three ft. (Velocity flow may be evident; such flooding is characterized by ponding or sheet flow.)
means area of special flood hazards, with water surface elevations determined and with velocity, that is inundated by tidal floods (coastal high hazard area).
§ 410-4.3 Flexible plan development.
A.
For the purpose of promoting the more efficient use of land in harmony with its natural features and in furtherance of the general intent of this bylaw to protect and promote the health, safety, convenience and general welfare of the inhabitants of the Town, the Board of Appeals may grant a special permit for a Flexible Plan Development subject to the regulations and conditions contained in this section.
B.
In a Flexible Plan Development, the following uses is permitted:
(1)
Multi-family residential use, including garden apartments and town houses.
(2)
Hotels, motels, inns and marinas.
(3)
Convenience commercial uses normally found servicing multi-family residential use such as foods, hardware, office, banks, news store, drug store, luncheonette, laundry, barber and beauty shops and variety store.
(4)
Accessory uses normally associated with permitted uses in § 410-3.6A(1), such as cocktail lounge, restaurant, beauty and barber shop, drugstore, news stand, and similar uses designed to serve transient patrons provided such uses are located in the confines of the principal building.
(5)
Public open space and recreation.
C.
Each application for a special permit for a Flexible Plan Development shall be accompanied by a site plan and building elevations at an appropriate scale. Such site plan shall show the entire project area at a scale of 1" = 100' and shall be prepared by a registered architect or registered professional engineer. The site plan and 10 copies thereof shall be submitted to the Planning Board and shall show at least the following:
[Amended 5-9-2018 ATM by Art. 23]
(1)
All lot lines, wetlands and existing and proposed topography at two-foot contour intervals.
(2)
Proposed development parcels and the location of proposed uses on each parcel.
(3)
Existing and proposed street, parking, drainage and utility systems.
(4)
Location of proposed parks, playgrounds and other open spaces.
(5)
A tabulation of the total number of dwelling units and the number designated for each proposed dwelling type.
(6)
Types of proposed commercial uses and square footage for each type of commercial use.
(7)
Landscape plan showing all proposed landscape features and proposed improvements including walks, pedestrian ways, planting areas with size and type of stock for each shrub or trees, walls, fences and outdoor lighting.
(8)
A written statement detailing the design characteristics for the development, including, but not limited to, exterior building materials, architectural treatment and street furniture.
D.
Within 10 days after the receipt of the special application and accompanying site plan, the Planning Board shall transmit a copy of said site plan to all relevant Town boards and commissions and said boards and commissions may, at their discretion, investigate the proposed layout and report in writing its recommendations to the Planning Board. The Planning Board shall review the site plan proposal under the procedures outlined in § 410-4.1 of the bylaw and issue a decision. Any conditions imposed by the Planning Board decision shall be incorporated as written into any special permit decision issued by the Board of Appeals. A denial of the site plan review shall necessitate denial of the special permit.
[Amended 5-9-2018 ATM by Art. 23]
E.
In considering an application for a special permit under this section, the Board of Appeals shall consider whether the proposed Flexible Plan Development conforms to the following guidelines:
(1)
The protection of adjoining premises against detrimental uses by provisions for surface water drainage, sight buffers and preservation of light and air.
(2)
The convenience and safety of vehicular movement and the location of driveway openings and parking areas in relation to traffic or to adjacent streets.
(3)
The convenience and safety of a pedestrian circulation system that provides direct routes between major buildings, parking areas and roads.
(4)
The adequacy of the methods of disposal of sanitary sewage, storm water drainage, and solid waste refuse from the uses permitted on the site.
(5)
The impacts of the proposed uses on one another within the development and the extent the proposed development relates harmoniously to the terrain, use, scale and proportions of existing and proposed buildings in the vicinity.
F.
A application for a special permit to develop a Flexible Plan Development shall be submitted and reviewed in a manner consistent with the procedures set forth in Chapter 40A of the Massachusetts General Laws and this zoning bylaw.
G.
As part of the special permit for Flexible Plan Development, the following requirements relating to the density and intensity of land use shall apply.
[Amended 5-9-2018 ATM by Art. 23]
(1)
The proposed project must include a minimum of 10 acres.
(2)
Structures shall not exceed a maximum height of 70 feet.
(3)
At least 25% of the total project area, excluding a 20 foot wide setback strip around the perimeter of such area, shall be set aside as open space. The open space shall be left undeveloped or provided with recreational facilities such as pathways, picnic areas or play-fields.
(4)
Parking requirements are as outlined in § 410-3.12J, to be approved by the Planning Board as part of the Site Plan Review process.
(5)
All structures within a Flexible Plan Development shall be setback at least 20 feet from the boundary of the project area or such lesser distance as may be permitted by the Board of Appeals in the case of structures other than multi-family residential structures.
(7)
Density requirements.
(a)
Residential density shall not exceed 10 units times the number of acres within the total project area plus the additional bonus units.
(b)
Commercial density shall not exceed 50% of the total project area.
(c)
Compliance with the density, dimensional and open space requirements of this Subsection G shall be determined on the basis of the boundaries and total area of the Flexible Plan (including any public open space contained therein) without regard to the location or area of the separate lots within such Flexible Plan Development. Except as expressly provided herein, the density and dimensional requirements of Article III of this bylaw shall not apply to uses or structures within a Flexible Plan Development Plan. Nothing in this Subsection G shall prohibit the phased development or division of a proposed project area into separate lots provided that the requirements of this paragraph are maintained for the total project area.
H.
The Board of Appeals may approve an increase in the maximum number of dwelling units allowed in accordance with the following bonus schedule. The total bonus allowed shall not exceed 10 dwelling units per acre.
AMENITY BONUS
(1)
40% of proposed dwelling units devoted to elderly or handicapped housing up to five additional dwelling units per acre.
(2)
Minimum 20 foot buffer strip around entire project area up to five additional dwelling units per acre.
(3)
Active recreational facilities open to the public such as tennis court and public such as tennis court and up to five additional dwelling units per acre.
(4)
Proposed dwelling units provide 50% of heating and hot water requirements by means of solar energy up to five additional dwelling units per acre.
(5)
Underground parking for proposed dwelling units up to five additional dwelling units per acre.
(6)
Passive marine related recreational facilities open to the public such as waterfront park or boat landing facilities up to five additional dwelling units per acre.
§ 410-4.4 Boats and boat equipment storage.
A.
General - For the purpose of this § 410-4.4, a boat shall be defined as a vessel or watercraft capable of being used as a means of transportation on water and propelled by oars or paddles or by sail or power, other than a sea/float aircraft capable of operating on water. Lifeboats and/or inflatable boats located on or inside another boat are specifically excluded from this definition when they are so located.
B.
Non Commercial Storage - The storage of pleasure and fishing boats, owned by Hull residents, on residential property is a permitted use subject to the following restrictions:
(1)
Not more than three boats may be stored at any one residence. Storage of more than three boats may be authorized by Special Permit issued by the Select Board.
[Amended 5-8-2021 ATM by Art. 6C]
(2)
Boats shall not be stored closer than three feet from any lot line or three feet from any structure.
(3)
Lot coverage including all structures and boats shall not exceed 50%. Boat coverage area shall be the result of its overall length times its widest girth. Coverage in excess of 50% may be authorized by Special Permit issued by the Select Board.
[Amended 5-8-2021 ATM by Art. 6C]
C.
Commercial Storage - The storage of boats on a lot or a portion of a lot set up specifically for this use as a business enterprise in Business and Commercial Recreation A, B and C Districts is a permitted use. Commercial storage in other districts may be authorized by Special Permit issued by the Select Board. All commercial storage shall be subject to the following restrictions:
[Amended 5-8-2021 ATM by Art. 6C]
(1)
A certificate of insurance shall be filed with the Fire Department.
(2)
Any commercial storage area fronting on a 50 foot wide street shall have a driveway entrance not exceeding 30 feet.
(3)
Any commercial storage area shall be fenced to exclude public entry except for approved access.
(4)
No boat shall be stored closer than three feet from an interior lot line, nor closer than three feet from any building.
(5)
Spacing shall be in accordance with Fire Department requirement.
(6)
Inside storage of Boats shall be in accordance with Fire Department requirements.
D.
Fishing and Lobstering Equipment - Temporary or seasonal storage of fishing and lobstering equipment, owned by Hull Residents, is a permitted use in all areas subject to the following restrictions:
(1)
All lobster traps and/or fishing equipment shall be cleaned before storage and be free of any organic matter;
(2)
There shall be no storage of bait.
(3)
Lobster traps shall be stored in a neat and orderly configuration.
(4)
Storage height shall not exceed 10 feet.
(5)
Traps shall not be stored nearer than three feet from any lot line and three feet from any structure.
(6)
There shall be a maximum of 300 traps to be stored in any one area. A Special Permit, issued by the Select Board, shall be required for storage of more than 300 traps.
[Amended 5-8-2021 ATM by Art. 6C]
§ 410-4.5 Bed and breakfast.
A.
Special Permit. Provided that each of the following conditions and requirements are met, the Board of Appeals may issue a special permit for a bed and breakfast home to be conducted in a detached single-family dwelling unit in the following districts: Single Family Residence District A, Single Family Residence District B, Single Family Residence District C, Multi-Family Residence District A, Multi-Family Residence District B, Business District, Commercial Recreation District.
B.
General Conditions and Requirements.
(1)
No bed and breakfast home, new or pre-existing, shall be operated without first being granted a special permit from the Board of Appeals and a certificate of occupancy from the Building Commissioner and the Board of Health. Each bed and breakfast home in existence on the effective date of this provision is not a non-conforming use, is in violation of the zoning by-law, and is not entitled to remain in operation without the issuance of a special permit and a certificate of occupancy.
(2)
A bed and breakfast home is an accessory use and the primary use of the dwelling unit shall remain as a single-family residence.
(3)
Within each detached single-family dwelling unit issued a special permit and a certificate of occupancy for a bed and breakfast home there may be a maximum of three bedrooms which are rented as bed and breakfast units. As an accessory use, the bed and breakfast home shall not occupy more than 45% of the gross floor area of the dwelling unit.
(4)
The special permit for a bed and breakfast home shall be issued for an initial period of two years in operation. Thereafter the special permit shall be issued for a maximum of five years. The special permit shall be issued only to the owner of the property and shall not be transferable. Any changes in ownership of the property shall require a new special permit. The special permit may be revoked if any of the conditions and/or requirements of this section are violated, as determined by the Building Commissioner and/or the Board of Health. An aggrieved party may take an appeal to the Board of Appeals.
(5)
A certificate of occupancy is required prior to the commencement of the bed and breakfast home operation and shall state the maximum allowable occupancy of same, which shall be determined by the Board of Health on a case-by-case basis.
(6)
Food for a fee may be served only to overnight guests. In some instances, the State Sanitary Code requires that a residential kitchen permit be obtained from the Board of Health.
(a)
Bed and breakfast homes serving continental breakfast only are not considered food establishments and need not obtain a food establishment permit. For the purpose of this section, continental breakfast is defined as: beverages; fresh, frozen, and commercially processed fruits; baked goods; cereals; homemade or commercial jams, jellies, honey, and maple syrup; cream; butter; and commercially manufactured hard cheeses, cream cheese, and yogurt.
(b)
Bed and breakfast homes serving full breakfast shall obtain a residential kitchen permit from the Board of Health.
(7)
Signage shall be limited to one attached wall or window sign, not to exceed three square feet, mounted on the building and one ground sign, single- or double-faced, permanently anchored five feet or less above grade, as approved by the Building Commissioner, not to exceed three square feet per face, not to be internally illuminated, not located so as to obstruct traffic visibility across street corners, and located no closer than five feet to any lot line.
(8)
The architectural character of the dwelling shall be maintained as a single family home.
C.
The dwelling unit containing the bed and breakfast home shall be designed so that the exterior appearance of the structure remains that of a single-family dwelling. Alterations, revisions, or additions to the structure are permitted provided the architectural character of a one-family dwelling is maintained and all other requirements of this by-law are met. The Design Review Board shall review exterior changes.
D.
Procedures - Each application for a special permit shall be accompanied by:
(1)
A site plan showing all existing and proposed structures and appurtenances, any changes to existing grade, and all boundary/property lines and easements. The Building Commissioner may require a certified plan.
(2)
A floor plan, drawn to scale, of the dwelling showing each of the bed and breakfast units and the access to, and egress from, each such unit, and each unit's relationship to an adequate bathroom. The area(s) where breakfast is to be prepared and served shall be designated.
(3)
An off-street parking plan showing that one off-street parking space per bed and breakfast unit shall be provided on the site, or that adequate off-street parking can be provided without causing undue burden to the neighborhood. Off-street parking shall be prohibited from the prescribed building front setback area and restricted to the sides and rear of the premises.
(4)
A written statement from the Town Treasurer/Collector stating that all municipal encumbrances are current or under proper agreement.
(5)
A presentation of all proposed exterior structural changes sufficient to show that the architectural character of the dwelling is maintained as a single-family home.
§ 410-4.6 Guidelines for issuance of special permit for day care center or family day care home.
A.
In determining whether a special permit should be granted the Board of Appeals shall make a decision based on the following guidelines, requirements, and considerations:
(2)
Via publication and notice of the public hearing on the application of the Board of Appeals shall assess the support of or objection to the proposed facility in the particular neighborhood, that the use is not substantially more detrimental to the established or future character of the neighborhood and does not derogate from the intent or purpose of this bylaw;
(4)
Adequacy of parking; and
(5)
The Board of Appeals may make inquiry of the petitioner, and require the disclosure, as to the financial considerations and the organizational arrangements of the principals of the operation;
(6)
Subjecting the Special Permit to such restrictions and conditions as the Board of Appeals deems meet and proper.
B.
In no event shall a special permit granted hereunder run for a period of longer than two years. Upon expiration of said two-year period the petitioner shall be responsible for re-applying to the Board for further permits as required. Should the Office for Children revoke, rescind, or cancel the license issued to the petitioner under M.G.L. Chapter 28A, Section 10,[2] any Special Permit issued hereunder shall immediately lapse and become null and void. The Special Permit shall be applicable to the petitioner alone and shall not be transferable to any other person or location.
[2]
Editor's Note: This section of state law was repealed by St. 2008, Ch. 215, § 43, effective 7-31-2008. See now MGL c. 15D, § 1 et seq.
C.
Notwithstanding any provision herein to the contrary, the special permit granting authority given by this section shall be applicable only in the following zoning districts, as defined in the bylaws: Single Family Residence A, B, and C.
§ 410-4.7 Gambling.
A.
The operation of a Gaming House or otherwise manufacture, transport, sell, offer for sale, store, display, repair, recondition, possess or use any gambling device within 1,000 yards of an occupied residential dwelling, or a House of Worship, or a school building; or to keep, or assist in keeping a gaming house within 1,000 yards of an occupied residential dwelling, House of Worship, or school, is prohibited.
B.
For purposes of such a zoning law, the definition of a Gaming House shall conform to the Massachusetts General Laws, chapter 271, section 1A, to mean and include a ship or vessel when it is in the territorial waters of the Commonwealth of Massachusetts.
C.
Said zoning law shall in no way restrict a dealer or seller who is duly licensed to sell tickets or shares in the state lottery from selling the same; nor shall it restrict any activity conducted under permits issued in accordance with the provisions of the Massachusetts General Laws, chapter 271, section 7a.
§ 410-4.8 Temporary moratorium on marijuana establishments, marijuana retailers, marijuana cultivators, marijuana product manufacturers, marijuana testing facilities and other sale or distribution of marijuana and marijuana products which are not included in definition of medical marijuana treatment centers.
[Added 5-1-2017 ATM by Art. 25]
A.
Purpose. This section is intended to provide restrictions that will allow the Town adequate time to consider where and under what conditions to allow the operation of marijuana establishments and the on-site consumption of marijuana and marijuana products, to the extent that such establishments and such consumption are permitted under state laws and regulations. The Regulation and Taxation of Marijuana Act (the "Act"), the purpose of which is to control the production and distribution of marijuana in the Commonwealth of Massachusetts, went into effect on December 15, 2016. However, as the Cannabis Control Commission, to be formed under the Act, has until March 15, 2018 to adopt regulations consistent with the Act for the administration, clarification and enforcement of laws regulating and licensing marijuana establishments, a temporary restriction on the location of such establishments in Hull shall provide the opportunity to study their potential impacts on adjacent uses and on general public health, safety and welfare, and to develop zoning and other applicable regulations that appropriately address these considerations consistent with the Act, statewide regulations, best practices and permitting procedures. The moratorium, of a finite duration, will allow the Town to carefully study the potential impacts of such establishments and activities and recommend zoning bylaw amendments and other actions to address the Town's concerns in the context of Town planning goals and objectives.
B.
Definitions. "Marijuana Cultivator", "Marijuana Establishment", "Marijuana Product Manufacturer", "Marijuana Testing Facility" and "Marijuana Retailer" shall have the meanings set forth in the Act, or Session Act Chapter 369 of 2012 An Act for the Humanitarian Medical Use of Marijuana.
§ 410-4.9 Inclusionary housing unit.
[Added 5-1-2023 ATM by Art. 17]
A.
Purpose. The provisions of the bylaw is designed to:
(1)
Increase the supply of affordable rental and ownership housing in the Town of Hull across all zoning districts,
(2)
Encourage a greater diversity and distribution of housing to meet the needs of seniors, families and individuals at all income levels, and
(3)
Prevent the displacement of Hull residents.
B. AFFORDABLE HOUSING UNIT (AHU) MEDIAN INCOME INCOME, LOW OR MODERATE PROJECT
Definitions:
A dwelling unit available at a cost of no more than 30% of gross household income of those households at or below 80% of the Boston MSA median income as reported by the U.S. Department of Housing and Urban Development,
The median income, adjusted for household size, for the Boston Metropolitan Statistical Area published by or calculated from regulations promulgated by the United States Department of Housing and Urban Development or any successor federal or state program.
Low income-households making 50% of the median income of the Boston MSA Moderate income-households making 80% of the median income of the Boston MSA.
Any residential development including housing created both by new construction or remodeling and conversion of an obsolete or unused building or other structure from its original or more recent use to an alternate use, including those set forth in the section entitled "applicability." Where the project is a senior residential development as set forth below, the term "dwelling unit" shall be construed to mean "units within senior residential developments".
C.
Applicability: In all zoning districts, the provisions of this bylaw shall apply to the following uses:
(1)
Any project that results in a net increase of ten or more dwelling units, whether by new construction or by the alteration, expansion, reconstruction or change of existing residential or non-residential space; and
(2)
Any subdivision of land for development of ten or more dwelling units; and
(3)
Any senior residential development that includes ten or more senior residential units and accompanying services.
D.
Provision of Affordable Units.
(1)
The development of any project as defined in this paragraph.
(2)
As a condition for granting any permit hereunder, applicants shall contribute to the Town's stock of affordable units in accordance with the following requirements:
(a)
For projects resulting in a net increase of ten or more dwelling units, the applicant shall be required to set aside a minimum of 10% of the net increase as affordable units, and a minimum of 10% of the total number of bedrooms provided as affordable housing.
(b)
Fractions: If when applying the percentage to the total number of units to determine the number of affordable units, the resulting number of affordable units includes a fraction of a unit, this fraction, if 1/2 or more shall be rounded up to the next whole number
(c)
Sale, lease or rental of units to low and moderate income households: Units set aside for sale, lease or rental to low and moderate-income households shall be restricted in perpetuity for occupancy by qualified households which meet the definition of "low" and "moderate" income set forth in this bylaw.
E.
Distribution of affordability for rental and ownership units: In developments which are required to include fewer than three affordable units all units shall serve moderate-income households. In developments which are required to include exactly three affordable units, one affordable unit shall serve a low-income household and two affordable units shall serve moderate income households. In developments which are required to include more than three affordable units, the units shall be distributed as follows: 25% shall serve low-income households 75% shall serve moderate income households
F.
Projects containing affordable units shall meet the following standards:
(1)
Projects shall not be segmented or phased to avoid compliance with these provisions.
(2)
Affordable units shall be dispersed throughout the project so as to ensure a true mix of market-rate and affordable housing.
(3)
Affordable units shall conform to the general appearance and quality of residences in the area and/or the project. Affordable units must contain average floor area of the market rate units.
(4)
All affordable housing units created under this Bylaw shall be no less accessible to public amenities, such as open space, as the market-rate units.
(5)
The construction of the affordable units will be provided coincident with the development of market-rate units.
G.
Preservation of Affordability; Restrictions on Resale:
(1)
Each affordable unit created in accordance with this Bylaw shall have the following limitations governing its resale. The purpose of these limitations is to preserve the long-term affordability of the unit and to ensure its continued availability for affordable income households in perpetuity. The resale controls shall be established through a deed restriction, acceptable to the Massachusetts Division of Housing and Community Development and the Hull Affordable Housing Committee, and recorded at Plymouth County Registry of Deeds or the Land Court. Covenants and other documents necessary to ensure compliance with this section shall be executed and, if applicable, recorded prior to and as a condition of the issuance of any building permit or certificate of occupancy, as the appropriate Board or Building inspector shall deem appropriate.
(2)
Maximum rental price: Rents for the affordable units, including utilities shall not exceed 30% of the targeted annual gross household income.
(3)
Maximum sales price: Housing costs, including monthly housing payments, principal and interest payments, and insurance, shall not exceed 30% of the targeted gross household income.
(4)
Resale prices: Subsequent resale prices shall be determined in a manner consistent with the initial pricing of the affordable housing unit. The resale price will be established based on a discounted rate, which is the percentage of the median income for which the unit was originally sold. The method of resale price calculation shall be included as part of the deed restriction. This percentage may be increased or decreased by up to 5% at the time of resale, in order to assure that the target income groups' ability to purchase will be kept in line with the unit's market appreciation and to provide a proper return on equity to the seller.
H.
Marketing Plan.
(1)
The affordable units must be rented or sold using a plan for marketing which has been reviewed and approved by the Hull Affordable Housing Committee
(2)
Preference for Hull residents and persons employed within the Town of Hull: Unless otherwise prohibited by a federal or state agency under a financing or other subsidy program, the affordable units shall be initially offered via lottery to current residents of the Town of Hull who qualify under the income guidelines and who have resided in the Town for a minimum of five years, to persons employed within the Town of Hull for at least five years, and to persons who, although not currently residents of the Town, have previously resided in the Town of Hull for a minimum of five years. Preference should be given, as appropriate to the unit, seniors and families first, and then individuals The Town may establish a system of priorities for selecting buyers or renters, in accordance with Affordable Housing Guidelines issued by the Hull Affordable Housing Committee.
I.
Buyers Eligibility:
Purchasers and would be purchasers and renters are required to submit to the Hull Affordable Housing Committee copies of their last three year's tax returns and certify in writing that their income does not exceed eligibility.
J.
Project Procedures.
All projects shall comply with the following procedures as applicable:
(1)
Pre-Application Meeting: The applicant shall convene a pre-application meeting with the Hull Affordable Housing Committee to discuss the project proposal and affordable housing requirements.
(2)
Submission of Affordable Housing Plan: The applicant shall fill out and submit an Affordable Housing Plan form to the Hull Affordable Housing Committee prior to making an application for any required permits. This form requires the following information: project units by location, square footage, unit types, number and types of rooms, and location of and number of affordable units. Specific floor plans shall be included with this submission to the Hull Affordable Housing Committee, shall review the submitted Plan and prepare a recommendation to the appropriate boards regarding the plan as it pertains to the affordable housing set aside. The Planning Board, Zoning Board of Appeals or Building inspector decisions may require modifications, conditions, and safeguards, including documentation regarding affordability. Said boards and Departments shall explain any deviation from the Housing Partnership recommendations in writing in its decision.
(3)
Revised Affordable Housing Plan: As needed to ensure Planning Board or ZBA approval, a revised Affordable Housing Plan may be submitted to the Hull Affordable Housing Committee. No building permit shall be issued until the applicant submits proof that any special permit decisions of the appropriate boards has been recorded and that a final approval letter for the Hull Affordable Housing Committee has been issued.
K.
Enforcement.
(1)
Legal restrictions: Affordable units shall be rented or sold subject to deed covenants, contractual agreements, and/or other mechanisms restricting the use and occupancy, rent level, and sales prices of such units to assure their affordability. All restrictive instruments shall be subject to review and approval by the Hull Affordable Housing Committee and town counsel.
(2)
The Hull Affordable Housing Committee shall maintain the Affordable Housing inventory, to ensure compliance with approved plans.
(3)
The Hull Affordable Housing Committee or a Town official designated by the committee will be the authority that will monitor, oversee and administer the details for all resale of any affordable units created under this Bylaw.