Lynnfield City Zoning Code
SECTION 9
0 Special Districts
9.1 Flood Plain Overlay District.
[Amended 4-29-2025 ATM by Art. 5]
9.1.1.
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 officials.
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.
9.1.2.
Location.
1.
The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within Town of Lynnfield designated as Zone A, AE, AH, AO, or A99 on the Essex Flood Insurance Rate Map (FIRM) dated July 8, 2025, issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the District shall be defined by the 1% chance base flood elevations shown on the FIRM and further defined by the Essex Flood Insurance Study (FIS) report dated July 8, 2025. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official, and Conservation Commission.
2.
The Town of Lynnfield hereby designates the position of Building Commissioner to be the official floodplain administrator for the Town.
9.1.3.
Permitted Uses in Flood Plain District.
1.
In a flood plain district no building shall be erected, altered or used, and no premises shall be used except for one or more of the following uses:
a.
Municipal recreation, public water supply, drainage or flood control use, orchard, truck garden, nursery, or similar open use of the land for raising of agricultural or horticultural crops: and if authorized by the Board of Appeals, commercial golf course, or nonprofit social, civic or recreational use (but not including any use the chief activity of which is one customarily conducted as a business); and buildings and sheds accessory to any of the above uses, as long as such use is permitted in the underlying district in which the land is classified, but no dumping, filling, or earth transfer or relocation operation except for utility trenches, driveways, landscaping, accessory building foundations, or municipal or public facilities enumerated above.
b.
Dwellings lawfully existing prior to the adoption of these provisions, but which shall not thereafter be enlarged or extended.
2.
Uses Allowed by the Board of Appeals. If any land shown on the Zoning Map or defined in the bylaw as being in a flood plain district is proven by a letter of map amendment issued by the Federal Emergency Management Agency (FEMA) to be in fact not subject to flooding or not unsuitable for human occupancy because of drainage and topographic conditions, and if the use of such land will not be detrimental to the public health, safety and welfare, the Board of Appeals may permit buildings for human occupancy on such land in accordance with the requirements of the underlying district after the necessary proof has been presented to and reported on by the Planning Board and the Board of Health.
9.1.4.
Permits.
1.
The Town of Lynnfield 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.
2.
The Town's permit review process includes the requirement that the proponent obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the floodplain overlay district.
9.1.5.
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.
9.1.6.
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 and as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.
9.1.7.
9.1.8.
Recreational vehicles. In A, A1-30, AH, AO, and AE 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.
9.1.9.
Watercourse alterations or relocations in riverine areas. In a riverine situation, the Building Commissioner shall notify the following of any alteration or relocation of a watercourse:
9.1.10.
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, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.) Notification shall be submitted to:
9.1.11.
Variances to building code floodplain standards.
1.
If the State issues variances to the flood-resistant standards as found in the state building code, 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 a community official 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.
3.
Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.
9.1.12.
Variances. A variance from these floodplain bylaws must meet the requirements set out by State law, and may only be granted if:
9.1.13.
Abrogation and greater restriction section. The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.
9.1.14.
Disclaimer of liability. The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.
9.1.15.
Severability section. If any section, provision or portion of this bylaw is deemed to be unconstitutional or invalid by a court, the remainder of the ordinance shall be effective.
9.1.16. DEVELOPMENT FLOODWAY FUNCTIONALLY DEPENDENT USE HIGHEST ADJACENT GRADE HISTORIC STRUCTURE1. 2. 3. 4. NEW CONSTRUCTION RECREATIONAL VEHICLE1. 2. 3. 4.
REGULATORY FLOODWAY SPECIAL FLOOD HAZARD AREA START OF CONSTRUCTION STRUCTURE SUBSTANTIAL REPAIR OF A FOUNDATION VARIANCE VIOLATION ZONES, FLOOD1. 2. 3. 4. 5. 6.
Definitions.
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]
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. [Base 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;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
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."
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. [Base Code, Chapter 2, Section 202]
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 manufactured home. [US Code of Federal Regulations, Title 44, Part 59]
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 official shall determine it to be substantial repair of a foundation. Applications determined by the building official 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]
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 is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]
ZONE A
Means an area of special flood hazard without water surface elevations determined.
ZONE A1-30 and ZONE AE
Means area of special flood hazard with water surface elevations determined.
ZONE AH
Means areas of special flood hazards having shallow water depths and/or unpredictable flow paths between one and three feet, and with water surface elevations determined.
ZONE AO
Means area of special flood hazards having shallow water depths and/or unpredictable flow paths between one and three feet. (Velocity flow may be evident; such flooding is characterized by ponding or sheet flow.)
ZONE A99
Means area of special flood hazard where enough progress has been made on a protective system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. (Flood elevations may not be determined.)
ZONES B, C, AND X
Means areas of minimal or moderate flood hazards or areas of future-conditions flood hazard. (Zone X replaces Zones B and C on new and revised maps.)
All of the above zones are defined in the US Code of Federal Regulations, Title 44, Part 64.3. |
9.2 Wetland Buffer Zone District.
9.2.1.
Purpose. The purpose of this section, in addition to the purposes enumerated in the preamble to the bylaw, is to provide that lands in the Town of Lynnfield which are defined as a wetland buffer zone herein shall not be used for residence for other purposes in such manner as to endanger the health and safety of the citizens of Lynnfield, public and/or private water supplies and ground water supplies, to prevent pollution and to preserve wetlands.
9.2.2.
Location. The location of each wetland buffer zone shall be (1) any area within the Town of Lynnfield defined as a "buffer zone" in the Commonwealth's Wetland Protection Act as set forth in 310 CMR 10.00 as the same may be amended from time to time, together with (2) any area within the Town which is defined as a buffer zone in any Lynnfield bylaw, as amended from time to time. The Wetland Buffer Zone shall be limited to the area of land extending 50 feet horizontally outward.
9.2.3.
Relationship to Other Districts. All wetland buffer zones are included in one or more of the other districts defined in the bylaw. The permitted uses specified in "Permitted Uses in a Buffer Zone"[1] take precedence in areas so classified. If, however, an exception under "Uses Allowed by the Board of Appeals"[2] is granted by the Board of Appeals, then the permitted uses of the underlying zoning district shall govern.
9.2.4.
Permitted Uses in a Buffer Zone. In a wetland buffer zone, no building shall be erected, altered or used, and no premises shall be used except for one or more of the following uses:
1.
Municipal recreation, public or private water supply, drainage or flood control uses, orchard, truck garden, nursery, or similar open use of the land for raising of agricultural or horticultural crops, commercial golf course, residential garages and sheds, as long as such use is permitted in the underlying district in which the land is classified, and if authorized by the Board of Appeals, nonprofit social, civic or recreational use (but not including any use the chief activity of which is one customarily conducted as a business), but no dumping, filling or earth transfer, or relocation operation except for utility trenches, driveways, landscaping, accessory building foundations, or municipal or public facilities enumerated above.
2.
Dwellings, or dwellings under construction, lawfully existing prior to the adoption of these provisions, shall be allowed to be enlarged or extended, and accessory uses permitted by the underlying zoning district shall be allowed in conformity to the section of this Zoning Bylaw entitled "Non-Conforming and Temporary Use."[3]
[3]
Editor's Note: So in original.
9.2.5.
Uses Allowed by the Board of Appeals. If any land in the Town defined in this section as a wetland buffer zone is proven, by reason of drainage or topographic conditions, to be in fact not detrimental to the purposes of this section, the Board of Appeals may permit buildings for human occupancy on such land in accordance with the requirements of the underlying district after the necessary proof has been presented by the petitioner to the Board of Health, the Planning Board, and the Conservation Commission, and their recommendations are received by the Board of Appeals.
9.3 Groundwater Protection District.
9.3.1.
Purpose. The purpose of this section is:
1.
To promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses of the Town of Lynnfield;
2.
To preserve and protect existing and potential sources of drinking water supplies;
3.
To conserve the natural resources of the Town; and
4.
To prevent temporary and permanent contamination of the environment.
9.3.2.
Scope of Authority. The Groundwater Protection District is an overlay district superimposed on the zoning districts. This overlay district shall apply to all new construction, reconstruction, or expansion of existing buildings and new or expanded uses. Applicable activities or uses which fall within the Groundwater Protection District must comply with the requirements of this district as well as with the underlying zoning. Uses that are prohibited in the underlying zoning districts shall not be permitted in the Groundwater Protection District.
9.3.4.
Establishment and Delineations of Groundwater Protection District. For the purpose of this district, there are hereby established within the Town certain groundwater protection areas, consisting of aquifers or recharge areas which are delineated on three maps. These maps are entitled "Lynnfield Groundwater Protection District Zones 1, 2, 3 September 1, 1993," "Lynnfield Groundwater Protection District Zones 1, 2, 3 Aug. 8, 1996" and "Additional Groundwater Protection District Lynnfield, MA August 25, 2009." These maps are hereby incorporated by reference into the Town of Lynnfield Zoning Map.[2]
[2]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
9.3.5.
District Boundary Disputes. If the location of a district boundary in relation to a particular parcel is in doubt, resolution of boundary disputes shall be through a special permit granting authority (Zoning Board of Appeals). Any application for a special permit for this purpose shall be accompanied by adequate documentation. The burden of proof shall be upon the owner(s) of the land in question to show where the bounds should properly be located. The ZBA may engage a professional engineer (civil or sanitary), hydrologist, geologist, or soil scientist to determine more accurately the boundaries of the district with respect to individual parcels of land, and may charge the owner(s) for all or part of the cost of the investigation.
9.3.6.
Permitted Uses. The following uses are permitted within the Groundwater Protection District, provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained:
1.
Conservation of soil, water, plants, and wildlife.
2.
Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted.
3.
Foot, bicycle and/or horse paths, and bridges.
4.
Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control and conservation devices.
8.
Construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels. Underground storage tanks related to these activities are not categorically permitted.
9.3.7.
Prohibited Uses. The following uses are specifically prohibited within the Groundwater Protection District, as are all other uses not allowed by this section as of right or by special permit:
2.
Storage of liquid petroleum products, except the following:
a.
Normal household use, outdoor maintenance, and heating of a structure;
b.
Waste oil retention facilities required by statute, rule, or regulation;
c.
Emergency generators required by statute, rule, or regulation;
d.
Treatment works approved under 314 CMR 5.00 for treatment of ground or surface waters, provided that storage of the petroleum product required for the uses listed under Section 9.3.7, Subsection 2.a through c above, is in a free-standing container, above ground with secondary containment adequate to contain a spill equal to the capacity of the container plus 10%. The secondary containment must be covered and satisfactorily protected against intrusion by the elements.
5.
Individual sewage disposal systems that are designed in accordance with 310 CMR 15.00 to receive more than 110 gallons of sewage per quarter acre under one ownership per day, or 440 gallons of sewage on any one acre under one ownership per day, whichever is greater, except the replacement or repair of an existing system that will not result in an increase in design capacity above the original design.
6.
Storage of deicing chemicals, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.
7.
Storage of animal manure unless covered or contained.
8.
Earth removal, consisting of the removal of soil, sand, gravel, or any other earth material (including mining activities) within 10 feet of historical high groundwater as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey, except for excavations for building foundations, roads, or utility works.
9.
11.
Treatment works that are subject to 314 CMR 5.00 including privately owned sewage treatment facilities, except the following:
a.
The replacement or repair of an existing treatment works that will not result in a design capacity greater than the design capacity of the existing treatment works.
b.
The replacement of existing subsurface sewage disposal systems with wastewater treatment works that will not result in a design capacity greater than the design capacity of the existing system(s).
c.
Treatment works approved by the Massachusetts Department of Environmental Protection designed for the treatment of contaminated groundwater.
12.
Storage of liquid hazardous materials, as defined in MGL c. 21E, unless in a free-standing container, above ground, with secondary containment adequate to contain a spill equal to the capacity of the container plus 10%. The secondary containment must be covered and satisfactorily protected against intrusion by the elements.
13.
Industrial and commercial uses which discharge process wastewater on-site.
14.
Stocking and disposal of snow and ice containing deicing chemicals if brought in from outside the district.
15.
Storage of commercial fertilizer and soil conditioners, as defined in MGL c. 128, § 64, unless such storage is within a structure designated to prevent the generation and escape of contaminated runoff or leachate.
16.
The use of septic system cleaners which contain toxic or hazardous chemicals.
9.3.8.
Uses and Activities Requiring a Special Permit. The following uses and activities are permitted only upon the issuance of a special permit under such conditions as the special permit granting authority may require:
1.
Those activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use, permitted in the underlying zoning (except as prohibited under "Prohibited Uses" section[6]). Such activities shall require a special permit to prevent contamination of groundwater.
2.
Any use that will render impervious more than 15% or 2,500 square feet of any lot, whichever is greater. A system for groundwater recharge must be provided which does not degrade groundwater quality. For nonresidential uses, recharge shall be by stormwater infiltration basins or similar system covered with natural vegetation, and dry wells shall be used only where other methods are infeasible. For all nonresidential uses, all such basins and wells shall be preceded by oil, grease, and sediment traps to facilitate removal of contamination. Any and all recharge areas shall be permanently maintained in full working order by the owner.
9.3.9.
Procedures for Issuance of Special Permit.
1.
The special permit granting authority under this Groundwater Protection District shall be the Zoning Board of Appeals ("ZBA"). Such special permit shall be granted if ZBA determines, in conjunction with the Board of Health, the Conservation Commission, Department of Public Works, and Planning Board that the intent of the bylaw, as well as its specific criteria, are met. The ZBA shall not grant a special permit under this section unless the petitioner's application materials include, in detail, definite and credible information to support positive findings in relation to the standards given in this section. The ZBA shall document the basis for any departures from the recommendations of the other Town boards or agencies in its decision.
2.
Upon receipt of the special permit application, the ZBA shall, within five working days, transmit one copy to the Planning Board, Board of Health, the Conservation Commission, and the Department of Public Works for their written recommendations. Failure to respond within 35 days of receipt by the Board shall indicate approval or no desire to comment by said agency. The necessary number of copies of the application shall be furnished by the applicant.
3.
The ZBA may grant the required special permit only upon finding that the proposed use meets the following standards, those specified in the "Site Plan Approval" section of the bylaw,[7] and any regulations or guidelines adopted by the ZBA. The proposed use must:
a.
In no way, during construction or thereafter, adversely affect the existing or potential quality or quantity of water that is available in the Groundwater Protection District; and
b.
Be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water related natural characteristics of the site to be developed.
4.
The ZBA may adopt regulations to govern design features of the projects. Such regulations shall be consistent with subdivision regulations adopted by the Town.
5.
The ZBA shall hold a hearing, in conformity with the provisions of MGL c. 40A, § 9, within 65 days after filing of application.
6.
The Town Clerk shall forward copies of all filings received from the ZBA forthwith to the Planning Board, Conservation Commission, and the Board of Health.
9.3.10.
Site Plan. The applicant shall file six copies of the site plan and attachments. The site plan shall be drawn at a proper scale as determined by the ZBA and be stamped by a professional engineer. All additional submittals shall be prepared by qualified professionals. The site plan and its attachments shall at a minimum include the following information where pertinent:
1.
A complete list of chemicals, pesticides, herbicides, fertilizers, fuels, and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use; or
2.
Those activities using or storing such hazardous materials. A hazardous materials management plan shall be prepared and filed with the Hazardous Materials Coordinator, Fire Chief, and Board of Health. The plan shall include:
a.
Provisions to protect against the discharge of hazardous materials or wastes to environment due to spillage, accidental damage, corrosion, leakage, or vandalism, including spill containment and clean up procedures.
b.
Provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces.
c.
Evidence of compliance with the regulations of the Massachusetts Hazardous Waste Management Act, 310 CMR 30.000, including obtaining an EPA identification number from the Massachusetts Department of Environmental Protection.
d.
Proposed down-gradient location(s) for groundwater monitoring wells, should the ZBA deem the activity a potential groundwater threat.
9.3.11.
Violations. Written notice of any violations of this section shall be given by the Building Inspector to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and schedule of compliance. A copy of such notice shall be submitted to the Building Inspector, the Board of Health, Conservation Commission, Department of Public Works, and the Lynnfield Center Water District or its successor. The cost of containment, clean-up, or other action of compliance shall be borne by the owner and operator of the premises. For situations that require remedial action to prevent adverse impact to the water resources within the Groundwater Protection District, the Town of Lynnfield, the Building Inspector, the Board of Health, or any of their agents may order the owner or operator of the premises to remedy the violation. If said owner and/or operator does not comply with said order, the Town of Lynnfield, the Board of Health, or any of their agents, if authorized to enter upon such premises under the terms of the special permit or otherwise, may act to remedy the violation. The remediation cost shall be the responsibility of the owner and operator of the premises.
9.5 Planned Village Development District (PVDD).
9.5.1.
Purposes. The purposes of the PVDD are:
1.
To implement the objectives of the Lynnfield Master Plan (2002), which identified the area within the PVDD for mixed-use development.
2.
To promote mixed-use and economic development in a form that is safe, pedestrian friendly and meets the objectives of "smart growth" pursuant to Massachusetts General Laws Chapter 40R.
3.
To preserve significant open space for recreational use as identified in the Lynnfield Master Plan (2002).
4.
To ensure high quality site planning, architecture and landscape design that enhances the distinct visual character and identity of Lynnfield and provides an environment with safety, convenience and appropriate amenities.
5.
To provide for a diversified housing stock within Lynnfield, including affordable housing and housing types that meet the needs of the Town's population, all as identified in the Lynnfield Master Plan (2002) and the Lynnfield Affordable Housing Plan (2006).
9.5.2.
Authority and Applicability. The PVDD is established pursuant to the authority of Massachusetts General Laws Chapter 40R and 760 CMR 59.00. At the option of the applicant, development of land within the PVDD may be undertaken by means of a site plan approval pursuant to the zoning controls set forth in this Section 9.5, or by complying with all applicable underlying zoning controls set forth in the Zoning Bylaw of the Town of Lynnfield. Notwithstanding anything to the contrary in the Zoning Bylaw, development projects proceeding under this Section 9.5 shall be governed solely by the provisions of this Section 9.5 and the standards and/or procedures of the underlying zoning shall not apply. Development projects proposed pursuant to this Section 9.5 shall not be subject to any other provisions of the Zoning Bylaw, including limitations upon the issuance of building permits for residential uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to other building permit or dwelling unit limitations.
9.5.3.
Establishment and Delineation of PVDD and Sub-Districts. The PVDD is an overlay district that is superimposed over the underlying zoning district. Within the PVDD, there are two sub-districts identified as (1) Multi-Family Residential Sub-District, and (2) the Traditional Neighborhood Village Sub-District. The boundaries of the PVDD and the sub-districts are delineated as the "Planned Village Development District 'PVDD' and Sub-Districts" on the Zoning District Map of the Town of Lynnfield on file in the office of the Town Clerk, said map hereby made a part of the Zoning Bylaw.
9.5.4. ADMINISTERING AGENCY AFFORDABLE HOMEOWNERSHIP UNIT AFFORDABLE HOUSING RESTRICTION AFFORDABLE RENTAL UNIT AFFORDABLE UNIT APPLICANT APPLICATION APPROVING AUTHORITY AS-OF-RIGHT DEVELOPMENT BASEMENT CINEMA CONSERVATION USE DEPARTMENT DESIGN STANDARDS DEVELOPABLE LAND DEVELOPMENT LOT DEVELOPMENT PROJECT DWELLING UNIT
FAMILY GROSS FLOOR AREA GROSS LEASABLE FLOOR AREA HEIGHT HOUSEHOLD INCOME, MEDIAN INFRASTRUCTURE LETTERS LOT OFFICE PLANNED VILLAGE DEVELOPMENT DISTRICT RECREATIONAL ACCESSORY USE RECREATIONAL USE RESTAURANT RETAIL USE SHARED PARKING FACILITIES SITE PLAN SITE PLAN APPROVAL SITE PLAN REVIEW SUB-DISTRICT UNDERLYING ZONING UNDULY RESTRICT UNRESTRICTED UNIT USE, ACCESSORY USE, PRINCIPAL
Definitions. As used in this Section 9.5, the following terms shall have the meanings set forth below:
An organization designated by the Lynnfield Board of Selectmen, which may be the Lynnfield Housing Authority or other qualified housing entity, with the power to monitor and to enforce compliance with the provisions of this bylaw related to affordable units, including but not limited to computation of rental and sales prices; income eligibility of households applying for affordable units; administration of an approved housing marketing and resident selection plan; and recording and enforcement of an affordable housing restriction for each affordable unit in the PVDD.
A dwelling unit required to be sold to an eligible household in accordance with the requirements of Section 9.5.11 of this bylaw.
A deed restriction of an affordable homeownership unit meeting statutory requirements in MGL c. 184, § 31, and the requirements of Section 9.5.11 of this bylaw.
A dwelling unit required to be rented to an eligible household in accordance with the requirements of Section 9.5.11 of this bylaw.
An affordable rental unit or an affordable homeownership unit that is affordable to and occupied by an eligible household.
A landowner or other petitioner who files a site plan for a development project subject to the provisions of this bylaw.
A petition for site plan approval filed with the approving authority by an applicant and inclusive of all required documentation as specified in administrative rules adopted pursuant to Section 9.5.12.
The Planning Board of the Town of Lynnfield acting as the authority designated to review projects and issue approvals under this Section 9.5.
The lowest floor level of a building which is either fully or partially below grade, whether or not fully enclosed.
A theater designed and constructed for the primary intended purpose of showing films or movies for a fee.
Any woodland, grassland, wetland, agricultural or horticultural use of land; any use of land for the construction and use of ponds or stormwater management facilities.
The Massachusetts Department of Housing and Community Development (DHCD) or any successor agency.
The document entitled Lynnfield 40R Planned Village Development District Design Standards, as amended, approved by DHCD on April 19, 2007, pursuant to MGL c. 40R, § 10. The design standards are applicable to all development projects within the PVDD that are subject to site plan review by the approving authority.
All land within the PVDD that can be feasibly developed into development projects. Developable land shall not include: the rights-of-way of existing public streets and ways; or areas that are: (1) protected wetland resources (including buffer zones) under federal, state, or local laws; (2) land located within the FP Flood Plain Zoning District in the Town of Lynnfield and subject to seasonal or periodic flooding; or (3) rare species habitats designated under federal or state law. The foregoing definition shall be for purposes of calculating density under Section 9.5.7.2 and shall not limit development activities in such excluded areas if otherwise allowed by applicable law.
One or more lots which are designated as a development lot on a site plan for a development proposed within the PVDD and for which site plan approval is required under the provisions of this Section 9.5. The lots comprising a development lot need not be in the same ownership. Where the development lot consists of more than a single lot, the lots, in combination, shall be treated as the development lot, may be contiguous or noncontiguous and shall be considered as one lot for the purpose of calculating parking requirements and dwelling units per acre. Any development undertaken on a development lot is subject to the design standards established under Section 9.5.9 of this bylaw.
A residential or commercial development undertaken under this Section 9.5. A development project shall be identified on the site plan which is submitted to the approving authority for site plan review.
One or more rooms with cooking, living, sanitary and sleeping facilities arranged for the use of one or more persons living together as a single housekeeping unit. The following types of dwelling units are specifically defined:
MULTIFAMILY DWELLING UNITS — A residential building containing four or more dwelling units designed for occupancy by the same number of families as the number of dwelling units; and |
TWO-THREE FAMILY UNITS — A residential building containing two or three dwelling units and where the individual dwelling units are not located on separate lots. |
ELIGIBLE HOUSEHOLD — An individual or household whose annual income is at or below 80% of the area-wide median income as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets. |
Any number of persons living and cooking together on the premises as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, or hotel.
The floor area of space on all floors inclusive of heated basements, hallways, mechanical rooms, storage space and other miscellaneous space not exclusively occupied by a single tenant or occupant, measured from the exterior faces of exterior walls. Gross floor area does not include covered walkways, open roofed-over areas, porches, exterior terraces or steps, chimneys, roof overhangs, parking garages and unheated basements.
The area of a building exclusive of hallways, mechanical rooms, storage space and other miscellaneous space not exclusively occupied by a single tenant or occupant.
The distance between average finished grade adjacent to the building (exclusive of basements) and the ceiling of the upper-most heated space in the building in the case of flat roofs and, in the case of buildings with pitched roofs, at the point at which such ceiling intersects with the exterior portion of the building. The calculation of building height shall not apply to roof tanks and their supports, roof decks, ventilating, air conditioning and similar building service equipment, chimneys, railings, skylights and other similar features of buildings which are in no way designed or used for living purposes, nor the portion of the pitched roof above the intersection of the ceiling of the upper-most heated space and the exterior of the building.
The median income, adjusted for household size, as reported by the most recent information from, or calculated from regulations promulgated by, the United States Department of Housing and Urban Development (HUD).
The letters issued on behalf of the Town in fulfillment of MGL c. 40R, § 6(a)(11), and 760 CMR 59.04(1)(h) identifying infrastructure improvements to be made incident to the construction of one or more development projects in the Planned Village Development District.
A single tract of land held in common ownership throughout and defined by metes, bounds or lot lines in a deed or conveyance on a duly recorded plan.
A place for the regular performance of business transactions and services, generally intended for administrative, professional and clerical activities, including a medical or dental office or health clinic.
An overlay zoning district adopted pursuant to Massachusetts General Laws Chapter 40R, in accordance with the procedures for zoning adoption and amendment as set forth in Massachusetts General Laws Chapter 40A and approved by the Department of Housing and Community Development pursuant to Massachusetts General Laws Chapter 40R and 760 CMR 59.00.
A use subordinate to a principal residential use on the same lot or in the same structure and serving a purpose customarily incidental to the principal residential use, and which does not, in effect, constitute conversion of the principal use of the lot, site or structure to a use not otherwise permitted in the PVDD. Recreational accessory uses may include, but are not limited to, greenhouse, tool shed, clubhouse, swimming pool, tennis court, basketball court, and playground.
The principal use or intended principal use of land or structures for relaxation, entertainment, amusement, sports, or the like, whether on a fee or nonfee basis, but not including a cinema.
Any business establishment principally engaged in serving food, drink, or refreshments, whether prepared on or off the premises; provided, however, that drive through windows are not allowed.
Business establishments selling goods and/or services to customers on-site, generally for end use personal, business or household consumption. A reasonable amount of storage of said goods shall also be assumed to be an integral part of retail use.
Parking facilities designed and intended to serve more than a single use as shown on a site plan.
A plan depicting a proposed development project for all or a portion of the PVDD and which is submitted to the approving authority for its review and approval in accordance with the provisions of Section 9.5.12 of this bylaw.
The approving authority's authorization for a proposed development project based on a finding of compliance with this Section 9.5 of the bylaw and design standards after the conduct of a site plan review.
The review procedure established by this Section 9.5 and administered by the Planning Board of the Town of Lynnfield as the approving authority.
A specific and defined area of land within the PVDD that is subject to specific requirements for allowable uses or dimensional requirements that may differ from the requirements for allowable uses or dimensional requirements in other specific and defined areas within the PVDD. The boundaries and the names of the sub-districts are referred to in Section 9.5.3 of this bylaw.
The zoning requirements adopted pursuant to Massachusetts General Laws Chapter 40A that are otherwise applicable to the geographic area in which the PVDD is located, as said requirements may be amended from time to time.
A provision of a Planned Village Development District or a design standard adopted pursuant to Massachusetts General Laws Chapter 40R and 760 CMR 59.00 that adds unreasonable costs or unreasonably impairs the economic feasibility of a proposed development project in a Planned Village Development District.
A dwelling unit that is not restricted as to rent, price or eligibility of occupants.
A use subordinate to the principal use on the same lot or in the same structure and serving a purpose customarily incidental to the principal use, and which does not, in effect, constitute conversion of the principal use of the lot, site or structure to a use not otherwise permitted in the PVDD. Except where otherwise noted, accessory uses are permitted or prohibited in the PVDD to the same extent as if such uses were principal uses.
The main or primary purpose for which a structure, building, or lot is designed, arranged, licensed, or intended, or for which it may be used, occupied, or maintained under this Section 9.5. More than one principal use is permitted as-of-right on a lot or within a development project.
9.5.5.
Permitted Uses.
1.
The following principal uses shall be permitted in the following sub-districts as-of-right upon site plan approval pursuant to the provisions of this Section 9.5:
Multi-Family Dwelling Unit | Two- and Three-Family Dwelling Units | Retail and Restaurant | Office | Conservation | Recreational Use, Principal | |
|---|---|---|---|---|---|---|
Multi-Family Residential Sub-District | Yes | Yes | No | No | Yes | No |
Traditional Neighborhood Village Sub-District | No | No | Yes | Yes | Yes | Yes |
2.
Parking accessory to any of the above permitted uses, including surface parking, parking under buildings, and above and below grade structured parking, subject to the dimensional requirements of this Section 9.5.
3.
In addition to the foregoing principal uses, recreational accessory uses shall be permitted as accessory to the residential uses within the Multi-Family Residential Sub-District.
9.5.6.
Prohibited Uses or Activities in the PVDD. All uses not expressly allowed are prohibited. The following uses are expressly prohibited:
1.
Landfills, open dumps, or the disposal of solid wastes, other than brush or stumps.
2.
Storage of liquid petroleum products, except for the following:
a.
Normal household use, outdoor maintenance and heating of a structure;
b.
Waste oil retention facilities required by statute, rule or regulation;
c.
Emergency generators; fuel (including ultra low sulfur diesel fuel) stored where feasible;
d.
Treatment works approved under 314 CMR 5.00 for treatment of ground or surface waters; provided that storage listed in Section 9.5.6, Subsection 2.a through c above is in free-standing containers within buildings or above ground with secondary containment adequate to contain a spill the size of the container's total storage capacity; and
e.
Sales to consumers in enclosed containers.
3.
The construction or operation of a commercial, industrial or business property that involves in any way the burning or use of diesel fuel or involves the regular use and operation of vehicles using or burning diesel fuel ("diesel burning site").
4.
The disposal of liquid or leachable wastes, except for normal sanitary wastes for allowed uses and a wastewater treatment plant approved under applicable law.
5.
The land filling or storage of sludge or septage, except where storage of sludge or septage is incidental to an allowed use, in which case sludge or septage must be contained in water-tight containers at least four feet above the historical high groundwater table elevation.
6.
The use of septic system cleaners which contain toxic organic chemicals.
7.
Commercial or industrial uses which discharge process wastewater on-site which contains contaminants other than normal organic wastes.
8.
The mining of land except as incidental to an allowed use.
9.
10.
Storage of liquid hazardous materials as defined in MGL c. 21E unless in a free-standing container within a building or above ground with secondary containment adequate to contain a spill the size of the container's total storage capacity.
11.
Automotive service and repair shops, automobile graveyards, junk and salvage yards; small engine repair, repair of boats.
12.
The storage of animal manure, unless such storage is covered or contained.
13.
The storage of commercial fertilizers, soil conditioners, herbicides, or pesticides unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.
14.
Cinema.
9.5.7.
Dimensional and Other Requirements.
1.
Buildings and development lots within the PVDD shall be subject to the dimensional and other requirements set forth in this Section 9.5.7.
2.
Density. Subject to the limit on maximum residential development in Section 9.5.7.8 below, residential uses shall be permitted as-of-right at the following densities:
3.
Minimum area and setbacks. There shall be no minimum lot area or setback requirements within the PVDD except for the residential buffer described herein.
4.
Height.
a.
In the Multi-Family Residential Sub-District, the maximum height for a development project shall be four stories or 50 feet, whichever is taller.
b.
In the Traditional Neighborhood Village Sub-District, the maximum height of a one-story building shall be 30 feet. The maximum height of a two-story building shall be 45 feet, provided further that an architectural feature of a building located at a corner or at the end of a streetscape may be permitted up to 60 feet in height at locations designated in the design standards provided that the portion of the architectural feature above 45 feet is not occupied.
5.
Buffer from Adjacent Existing Residential Development. Within the Traditional Neighborhood Village Sub-District, the overall site design shall incorporate a residential buffer of 200 feet in width along the easterly boundary of the PVDD, measured from the westerly sideline of the Walnut Street right-of-way or from the westerly property line of adjacent residential lots situated outside the PVDD in existence on the date of adoption of this Section 9.5, whichever is further west. No vertical construction or pavement shall be allowed within the residential buffer, provided that the following activities shall be permitted within the residential buffer: pedestrian paths and sidewalks provided said paths and sidewalks are limited to a single pedestrian access point to the district through a point of intersection with Walnut Street within 50 linear feet of the primary vehicular access drive; a single vehicular access point to the district through a point of intersection with Walnut Street; cart paths to serve adjacent recreational uses; such emergency access and egress as may be required by the Town of Lynnfield; drainage facilities; utilities and related easements but not including a wastewater treatment facility; landscaping and plantings; and signage and lighting approved by the approving authority pursuant to this Section 9.5.
6.
Nonfrontage Development. In the PVDD and on parcels that are contiguous to the PVDD, a lot lacking frontage may be developed and used without regard to the lack of frontage, provided that the nonfrontage development has permanent access to a private or public way that is located within the PVDD through easements recorded with the Southern Essex District Registry of Deeds and appropriate provisions are made for parking, drainage and utilities. The development and use of such nonfrontage development located entirely within the PVDD shall be consistent with the requirements of this Section 9.5. Such nonfrontage development may be subdivided and sold or transferred, provided that each lot so subdivided retains or is granted such cross access, drainage and utility easements to serve such nonfrontage development. Should such transfer occur after an approval hereunder, in addition to the easements referenced above, the transferee shall demonstrate to the approving authority that the nonfrontage development shall remain in compliance with any conditions of site plan approval and, for parcels that are contiguous to the PVDD, with applicable zoning requirements.
7.
Number of Buildings on a Lot. In the PVDD, more than one principal building may be erected on a lot.
9.
Total Allowable Nonresidential Uses. The total nonresidential uses within the PVDD, including retail, restaurant, office, and recreational uses, but excluding the 55,000 square feet of gross leasable floor area of the fitness facility in existence on the date of adoption of this Section 9.5, shall not exceed a total of 475,000 square feet of gross leasable floor area; provided, however, that this total shall include 50,000 square feet of gross leasable floor area that is located solely on the second floor of a building; and provided further that, for retail portions of a development project, the difference between gross leasable floor area and the gross floor area of all retail spaces shall not exceed 5%. Nothing in this section shall limit the right of the applicant to propose that greater than 50,000 square feet of gross leasable floor area be located on the second floor of a building, subject to compliance with the dimensional standards in this Section 9.5.7.
10.
Projects within the Traditional Neighborhood Village Sub-District shall have a mix of retail uses and sizes of stores in order to create a vibrant and economically strong retail environment. Retail uses shall be restricted as follows:
a.
No more than one retail unit may be greater than 80,000 square feet of gross leasable floor area provided that such use shall not be greater than 25% of the total allowable nonresidential uses set forth in Section 9.5.7.9 above, and provided further that the total area of the building shall be divided between two floors such that the total gross leasable floor area of the first floor of the building shall not exceed 80,000 square feet.
b.
In addition to the allowable retail unit referenced in Section 9.5.7, Subsection 10.a, above, no more than two retail units may be greater than 50,000 square feet of gross leasable floor area, provided that each such retail unit shall be less than 80,000 square feet of gross leasable floor area.
c.
At least 25% of the total permitted retail building area of the project shall be composed of retail units of 12,500 square feet of gross leasable floor area or less.
11.
Structured Parking. Structured parking allowable pursuant to Section 9.5.5, Subsection 2, shall be governed by this Section 9.5 and by design standards as adopted pursuant Section 9.5.9, and subject to the following limitations:
a.
Structured parking in the Traditional Neighborhood Village Sub-District shall not exceed 45 feet in height and shall be approved as to capacity and location by the approving authority.
b.
Structured parking in the Multi-Family Residential Sub-District shall only be permitted if located exclusively within a ground level or a sub-grade level of a residential development project, and provided further that said structured parking shall not result in a maximum building height in excess of the maximum allowable height in this Section 9.5.7.
9.5.8.
Parking.
1.
Parking shall be provided in order to meet or exceed the following minimum requirements:
Table 9.5.8-1 | |
|---|---|
Use | Minimum Required Parking |
Retail | 1 space per 250 square feet of gross leasable floor area |
Office | 1 space per 333 square feet of gross leasable floor area |
Medical or Dental Office or Clinic | 3 spaces for each individual office or suite, plus 3 spaces for each additional doctor or dentist within a single office or suite |
Restaurant or Recreational | 1 space per 200 square feet of gross leasable floor area |
Residential Use | 1.5 spaces per dwelling unit |
When application of the requirements set forth above results in a number that includes a fraction, the fraction shall be rounded up to the next whole number. |
2.
Reduction in Parking Requirements. Notwithstanding anything to the contrary herein, any minimum required amount of parking may be reduced by the approving authority through the site plan approval process, if the applicant can demonstrate that the lesser amount of parking will not cause excessive congestion, endanger public safety, or that a lesser amount of parking will provide positive environmental or other benefits, taking into consideration:
a.
The availability of public or commercial parking facilities in the vicinity of the use being served;
b.
For uses in the Traditional Neighborhood Village Sub-District only, shared use of parking spaces serving other uses having peak user demands at different times;
c.
Age or other occupancy restrictions which are likely to result in a lower level of auto usage;
d.
Such other factors, including the availability of valet parking, as may be considered by the approving authority. Where such reduction is authorized, the approving authority may impose conditions of use or occupancy appropriate to such reductions.
9.5.9.
Design Standards. To ensure that new development shall be of high quality, and shall meet the standards envisioned by the Town of Lynnfield in adopting this bylaw, the Planning Board shall adopt the design standards governing the issuance of site plan approvals for development projects within the PVDD and shall file a copy with the Town Clerk. In addition to the standards set forth in this bylaw, the physical character of development projects within the PVDD shall comply with such design standards. In the event of any conflict between this bylaw and the design standards, this bylaw shall govern and prevail.
9.5.10.
Transportation Network.
1.
Design and Location. The overall site design shall include a cohesive transportation network providing for vehicular and pedestrian circulation to and within the PVDD. Design and construction shall incorporate sound engineering and construction standards including adequate provisions for drainage.
2.
Ownership and Maintenance. The plans and documentation submitted to the approving authority shall include a description of proposed private ownership and maintenance of all traveled ways, including vehicular ways and sidewalks, and all proposed public spaces or facilities. As a condition of site plan approval, the approving authority may require provision of an operations and maintenance plan for traveled ways and drainage facilities associated with the traveled ways. If applicable, a homeowners' association, a condominium association or a business association may be established to ensure that all traveled ways and associated drainage facilities shall be properly maintained by a private party, and that the Town of Lynnfield shall incur no expense related to such operations and maintenance.
3.
Plans. The plans and any necessary supporting documents submitted with an application for site plan approval within the PVDD shall show the general location, size, character, and general area of traveled ways and public spaces or facilities.
9.5.11.
Affordable Housing.
1.
Number of Affordable Units. Twenty percent of all dwelling units constructed in a development project shall be maintained as affordable units. Twenty-five percent of all rental dwelling units in a development project shall be affordable units. In development projects in which all of the dwelling units are limited to occupancy by elderly persons and/or by persons with disabilities, 25% of the dwelling units shall be affordable units, whether the dwelling units are rental or ownership units.
2.
Fractional Units. When the application of the percentages specified above results in a number that includes a fraction, the fraction shall be rounded up to the next whole number.
3.
Affordable units shall comply with the following requirements:
a.
The monthly rent payment for an affordable rental unit, including utilities and parking, shall not exceed 30% of the maximum monthly income permissible for an eligible household, assuming a family size equal to the number of bedrooms in the unit plus one, unless other affordable program rent limits approved by the DHCD shall apply;
b.
For an affordable homeownership unit, the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowners' association fees, insurance, and parking, shall not exceed 30% of the maximum monthly income permissible for an eligible household, assuming a family size equal to the number of bedrooms in the unit plus one; and
c.
Affordable units required to be offered for rent or sale shall be rented or sold to and occupied only by eligible households.
4.
Design and Construction.
a.
Design. Affordable units must be dispersed throughout a development project and be comparable in initial construction quality and exterior design to the unrestricted units. However, nothing in this section is intended to limit a homebuyer's rights to renovate a dwelling unit under applicable law. The affordable units must have access to all on-site amenities. Affordable units shall be finished housing units; and
b.
Timing. All affordable units must be constructed and occupied not later than concurrently with construction and occupancy of unrestricted units and, for development projects that are constructed in phases, affordable units must be constructed and occupied in proportion to the number of units in each phase of the development project.
5.
Unit Mix. The total number of bedrooms in the affordable units shall, insofar as practicable, be in the same proportion to the total number of bedrooms in the unrestricted units.
6.
Affordable Housing Restriction. Each affordable unit shall be subject to an affordable housing restriction which is recorded with the Southern Essex District Registry of Deeds or the Southern Essex Registry District of the Land Court. The affordable housing restriction shall provide for the implementation of the requirements of this Section 9.5. All affordable housing restrictions must include, at minimum, the following:
a.
A description of the development project, including whether the affordable unit will be rented or owner-occupied;
b.
A description of the affordable homeownership unit, if any, by address and number of bedrooms; and a description of the overall quantity and number of bedrooms and number of bedroom types of affordable rental units in a project or portion of a project which are rental. Such restriction shall apply individually to the specifically identified affordable homeownership unit and shall apply to a percentage of rental units of a rental project or the rental portion of a project without specific unit identification.
c.
The term of the affordable housing restriction shall be the longest period customarily allowed by law but shall be no less than 30 years.
d.
The name and address of an administering agency with a designation of its power to monitor and enforce the affordable housing restriction;
e.
Reference to a housing marketing and resident selection plan, to which the affordable unit is subject, and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection process. The housing marketing and selection plan shall provide for local preferences in resident selection to the maximum extent permitted under applicable law. The plan shall designate the household size appropriate for a unit with respect to bedroom size and provide that preference for such unit shall be given to a household of the appropriate size;
f.
A requirement that buyers or tenants will be selected at the initial sale or initial rental and upon all subsequent sales and rentals from a list of eligible households compiled in accordance with the housing marketing and selection plan;
g.
Reference to the formula pursuant to which rent of a rental unit or the maximum resale price of a homeownership unit will be set;
h.
A requirement that only an eligible household may reside in an affordable unit and that notice of any lease or sublease of any affordable unit to another eligible household shall be given to the administering agency;
i.
Provision for effective monitoring and enforcement of the terms and provisions of the affordable housing restriction by the administering agency;
j.
Provision that the restriction on an affordable homeownership unit shall run in favor of the administering agency and the Town of Lynnfield, in a form approved by Municipal Counsel, and shall limit initial sale and resale to and occupancy by an eligible household;
k.
Provision that the restriction on affordable rental units in a rental project or rental portion of a project shall run with the rental project or rental portion of a project and shall run in favor of the administering agency and/or the municipality, in a form approved by Municipal Counsel, and shall limit rental and occupancy to an eligible household;
l.
Provision that the owner(s) or manager(s) of affordable rental units shall file an annual report to the administering agency, in a form specified by that agency, certifying compliance with the provisions of this bylaw and containing such other information as may be reasonably requested in order to ensure affordability;
m.
A requirement that residents in affordable units provide such information as the administering agency may reasonably request in order to ensure affordability; and
n.
Designation of the priority of the affordable housing restriction over other mortgages and restrictions.
7.
Administration.
a.
Administering Agency. An administering agency for affordable units, which may be the Lynnfield Housing Authority or other qualified housing entity, shall be designated by the Lynnfield Board of Selectmen and shall ensure the following:
i.
Prices of affordable homeownership units are properly computed; rental amounts of affordable rental units are properly computed;
ii.
Income eligibility of households applying for affordable units is properly and reliably determined;
iii.
The housing marketing and resident selection plan conforms to all requirements and is properly administered;
iv.
Sales and rentals are made to eligible households chosen in accordance with the housing marketing and resident selection plan with appropriate unit size for each household being properly determined and proper preference being given; and
v.
Affordable housing restrictions meeting the requirements of this section are recorded with the Southern Essex District Registry of Deeds or the Southern Essex Registry District of the Land Court.
b.
Housing Marketing and Selection Plan. The housing marketing and selection plan may make provision for payment by the project applicant of reasonable costs to the administering agency to develop, advertise, and maintain the list of eligible households and to monitor and enforce compliance with affordability requirements.
c.
Failure of the Administering Agency. In the case where the administering agency cannot adequately carry out its administrative duties, upon certification of this fact by the Board of Selectmen or by the Department of Housing and Community Development, the administrative duties shall devolve to and thereafter be administered by a qualified housing entity designated by the Board of Selectmen or, in the absence of such designation, by an entity designated by the Department of Housing and Community Development.
9.5.12.
Site Plan Review. The Planning Board shall be the Approving Authority for Site Plan Approvals in the PVDD, and shall adopt and file with the Town Clerk administrative rules relative to the application requirements and contents for site plan review. Such administrative rules and any amendment thereto must be approved by the Department of Housing and Community Development. The site plan review process encompasses the following:
1.
Pre-application Review. The applicant is encouraged to participate in a pre-application review at a regular meeting of the Planning Board. The purpose of the pre-application review is to minimize the applicant's cost of engineering and other technical experts, and to obtain the advice and direction of the Planning Board prior to filing the application. At the pre-application review, the applicant shall outline the proposal and seek preliminary feedback from the Planning Board, other municipal review entities, and members of the public. The applicant is also encouraged to request a site visit by the Planning Board and/or its designee in order to facilitate pre-application review.
2.
Application Procedures.
a.
The applicant shall file an original of the application with the Town Clerk for certification of the date and time of filing. Said filing shall include any required forms provided by the Planning Board. A copy of the application, including the date and time of filing certified by the Town Clerk, as well as the required number of copies of the application, shall be filed forthwith by the applicant with the Planning Board and Building Inspector. As part of any application for site plan approval for a development project, the applicant must submit the following documents to the approving authority and the administering agency:
i.
Evidence that the development project complies with the cost and eligibility requirements of Section 9.5.11;
ii.
Development project plans that demonstrate compliance with the design and construction standards of Section 9.5.11; and
iii.
A form of affordable housing restriction that satisfies the requirements of Section 9.5.11;
b.
Review Fees. The applicant shall be required to pay for reasonable consulting fees to provide peer review of the application for the benefit of the Planning Board. Such fees shall be held by the Town of Lynnfield in an interest-bearing escrow account, and shall be used only for expenses associated with the use of outside consultants employed by the Planning Board in reviewing the site plan application. Any surplus funds remaining after the completion of such review, including any interest accrued, shall be returned to the applicant forthwith;
c.
Upon receipt by the Planning Board, applications shall be distributed to the Building Inspector, Fire Chief, Police Chief, Board of Health, Conservation Commission, the Board of Selectmen and the Department of Public Works. Any reports from these parties shall be submitted to the Planning Board within 60 days of filing of the application; and
d.
Within 30 days of filing of an application with the Planning Board, the Planning Board or its designee shall evaluate the proposal with regard to its completeness and shall submit an advisory report in writing to the applicant certifying the completeness of the application. The Planning Board or its designee shall forward to the applicant, with its report, copies of all recommendations received to date from other boards, commissions or departments.
3.
Public Hearing. The Planning Board shall hold a public hearing and review all applications according to the procedure specified in MGL c. 40R, § 11, and 760 CMR 59.04(1)(f).
4.
Site Plan Approval Decision.
a.
The Planning Board shall make a decision on the site plan application, and shall file said decision with the Town Clerk, within 120 days of the date the application was received by the Town Clerk. The time limit for public hearings and taking of action by the Planning Board may be extended by written agreement between the applicant and the Planning Board. A copy of such agreement shall be filed with the Town Clerk;
b.
Failure of the Planning Board to take action within 120 days or extended time, if applicable, shall be deemed to be an approval of the application;
c.
An applicant who seeks approval because of the Planning Board's failure to act on an application within the 120 days or extended time, if applicable, must notify the Town Clerk in writing of such approval, within 14 days from the expiration of said time limit for a decision, and that a copy of that notice has been sent by the applicant to the parties in interest by mail and that each such notice specifies that appeals, if any, shall be made pursuant to Massachusetts General Laws Chapter 40R and shall be filed within 20 days after the date the Town Clerk received such written notice from the applicant that the Planning Board failed to act within the time prescribed;
d.
The Planning Board's findings, including the basis of such findings, shall be stated in a written decision of approval, conditional approval or denial of the application for site plan approval. 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. The written decision shall certify that a copy of the decision has been filed with the Town Clerk and that all plans referred to in the decision are on file with the Planning Board;
e.
The decision of the Planning Board, together with the detailed reasons therefor, shall be filed with the Town Clerk, the Board of Appeals and the Building Inspector. A certified copy of the decision shall be mailed to the owner and to the applicant, if other than the owner. A notice of the decision shall be sent to the parties in interest and to persons who requested a notice at the public hearing; and
f.
Effective Date. If 20 days have elapsed after the decision has been filed in the office of the Town Clerk without an appeal having been filed or if such appeal, having been filed, is dismissed or denied, the Town Clerk shall so certify on a copy of the decision. If the application is approved by reason of the failure of the Planning Board to timely act, the Town Clerk shall make such certification on a copy of the notice of application. A copy of the decision or notice of application shall be recorded with the title of the land in question in the Southern Essex 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 responsibility and the cost of said recording and transmittal shall be borne by the owner of the land in question or the applicant.
5.
Criteria for Approval. The Planning Board shall approve the development project upon the following findings:
a.
The applicant has submitted the required fees and information as set forth in applicable regulations;
b.
The proposed development project as described in the application meets all of the requirements and standards set forth in this Section 9.5 and applicable design standards, or a waiver has been granted therefrom; and
c.
Any extraordinary adverse potential impacts of the development project on nearby properties have been adequately mitigated.
For a development project subject to the affordability requirements of Section 9.5.11, compliance with Section 9.5.12, Subsection 5.b, above shall include written confirmation by the approving authority that all requirements of that section have been satisfied. Prior to the granting of plan approval for a project, the applicant must demonstrate, to the satisfaction of the administering agency, that the method by which such affordable rents or affordable purchase prices are computed shall be consistent with state or federal guidelines for affordability applicable to the Town of Lynnfield.
6.
Criteria for Conditional Approval. The Planning Board may impose conditions on a development project as necessary to ensure compliance with the PVDD requirements of this Section 9.5 and applicable design standards, or to mitigate any extraordinary adverse impacts of the development project on nearby properties, insofar as such conditions are compliant with the provisions of Massachusetts General Laws Chapter 40R and applicable regulations and do not unduly restrict opportunities for development.
7.
Criteria for Denial. The Planning Board may deny an application for site plan approval pursuant to this Section 9.5 of the bylaw only if the Planning Board finds one or more of the following:
a.
The development project does not meet the requirements and standards set forth in this Section 9.5 and applicable design standards;
b.
The applicant failed to submit information and fees required by this Section 9.5 and necessary for an adequate and timely review of the design of the development project or potential development project impacts; or
c.
It is not possible to adequately mitigate significant adverse development project impacts on nearby properties by means of suitable conditions.
8.
Time Limit. A project approval shall remain valid and shall run with the land indefinitely provided that construction has commenced within two years after the decision issues, which time shall be extended by the time required to adjudicate any appeal from such approval. Said time shall also be extended if the project proponent is actively pursuing other required permits for the project or if there is good cause for the failure to commence construction, or as may be provided in an approval for a multi-phase development project.
9.5.13.
Waivers. The approving authority may not waive provisions of this bylaw. The approving authority may waive specific requirements of applicable design standards upon a finding that such waiver will allow the development project to achieve the density, affordability, mix of uses, and/or physical character allowable under this Section 9.5.
9.5.14.
Project Phasing. The approving authority, as a condition of any site plan approval, may allow a development project to be phased for the purpose of coordinating the development project with any mitigation required to address any extraordinary adverse development project impacts on nearby properties and with the implementation of the infrastructure improvements by the party designated as responsible under the infrastructure letters.
9.5.15.
Change in Plans After Approval by Approving Authority.
1.
Minor Change. After site plan approval, an applicant may apply to make minor changes in a development project involving minor utility or building orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall build out or building envelope of the site, or provision of open space, number of housing units, or housing need or affordability features. Such minor changes must be submitted to the 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 Town Clerk.
2.
Major Change. Those changes deemed by the approving authority 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 cannot be appropriately characterized as a minor change as described above, shall be processed by the approving authority as a new application for site plan approval pursuant to this Section 9.5.
9.5.16.
Fair Housing Requirement. All development projects within the PVDD shall comply with applicable federal, state and local fair housing laws.
9.5.17.
Annual Update. On or before July 31 of each year, the Board of Selectmen shall cause to be filed an annual update with the Department of Housing and Community Development (DHCD) in a form to be prescribed by DHCD. The annual update shall contain all information required in 760 CMR 59.07, as may be amended from time to time, and additional information as may be required pursuant to Massachusetts General Laws Chapter 40S and accompanying regulations. The Town Clerk of the Town of Lynnfield shall maintain a copy of all updates transmitted to DHCD pursuant to this bylaw, with said copies to be made available upon request for public review.
9.5.18.
Notification of Issuance of Building Permits. Upon issuance of a residential building permit within the PVDD, the Building Inspector of the Town of Lynnfield shall cause to be filed an application to the Department of Housing and Community Development (DHCD), in a form to be prescribed by DHCD, for authorization of payment of a one-time density bonus payment for each residential building permit pursuant to Massachusetts General Laws Chapter 40R. The application shall contain all information required in 760 CMR 59.06(2), as may be amended from time to time, and additional information as may be required pursuant to Massachusetts General Laws Chapter 40S and accompanying regulations. The Town Clerk of the Town of Lynnfield shall maintain a copy of all such applications transmitted to DHCD pursuant to this bylaw, with said copies to be made available upon request for public review.
9.5.19.
Date of Effect. The effective date of this bylaw shall be the date on which such adoption is voted upon by Town Meeting pursuant to the requirements of MGL. c. 40A, § 5, and Massachusetts General Laws Chapter 40R; provided, however, that an applicant may not proceed with construction pursuant to this bylaw prior to the receipt of final approval of this bylaw and accompanying Zoning Map by both the Department of Housing and Community Development and the Office of the Massachusetts Attorney General.
9.5.20.
Severability. If any provision of this Section 9.5 is found to be invalid by a court of competent jurisdiction, the remainder of Section 9.5 shall not be affected but shall remain in full force. The invalidity of any provision of this Section 9.5 shall not affect the validity of the remainder of the Zoning Bylaws of the Town of Lynnfield.
9.6 Multifamily Overlay District.
[Added 11-13-2024 STM by Art. 4]
The purpose of the Multifamily Overlay District (MFOD) is to provide for as-of-right multifamily housing development under MGL c. 40A, § 3A, and the Section 3A Compliance Guidelines of the Executive Office of Housing and Livable Communities (EOHLC), as may be amended from time to time. Section 3A requires Lynnfield to establish "at least one district of reasonable size in which multi-family housing is permitted as of right." Lynnfield must permit the development of housing suitable for families with children, and may not impose age restrictions, within the district.
9.6.1.
Applicability.
1.
The MFOD shall be as shown on the map entitled, Multifamily Overlay District, dated October 3, 2024, on file with the Town Clerk, which is hereby made part of the Town of Lynnfield Zoning Map. The MFOD includes the following subdistricts:
2.
At the option of the Applicant, development of land within the MFOD may be undertaken subject to the requirements of this Section 9.6 or by complying with all applicable requirements of the underlying district. Developments proceeding under this Section 9.6 shall be governed solely by the provisions herein and the standards or procedures of the underlying districts shall not apply. Where the MFOD authorizes uses and dimensional controls not otherwise allowed in the underlying district or any applicable overlay district, the provisions of the MFOD shall control. Uses and dimensional controls of the MFOD are not subject to any special permit requirements of the underlying district or applicable overlay districts.
9.6.2. AFFORDABLE HOUSING RESTRICTION AFFORDABLE UNIT MULTI-FAMILY HOUSING
Definitions. As used in this Section 9.6, the following definitions shall apply. To the extent that there is any conflict between the definitions set forth herein or Section 11.0, this Section 9.6 shall control.
Shall have the meaning provided in Section 9.5.4.
Shall have the meaning provided in Section 9.5.4.
A dwelling with three or more units, or two or more buildings on the same lot, each having two or more units.
9.6.3.
Permitted Uses. The following uses shall be permitted in the MFOD.
9.6.4.
Density and Dimensional Regulations. Development in the MFOD shall comply with the following density and dimensional requirements and shall not be subject to Section 4.0 of this bylaw.
Standard | PVDD | Broadway South | Broadway North |
|---|---|---|---|
Minimum lot area (sq. ft.) | 80,000 | 50,000 | 30,000 |
Maximum lot coverage | 35% | 20% | 20% |
Maximum building height | |||
Stories (maximum) | 4 | 3.5 | 2.5 |
Feet (maximum) (lin. feet) | 50 | 40 | 35 |
Minimum frontage (lin. feet) | 0 | 120 | 120 |
Minimum required setbacks: (lin. feet) | |||
Front | 30 | 40 | 40 |
Side | 30 | 30 | 30 |
Rear | 20 | 20 | 20 |
Maximum units per acre | 16 | 18 | 16 |
1.
Exceptions.
a.
Vertical projections or roof structures that house elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, or to fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, wireless, radio or television masts, silos, energy generation and conservation apparatus, or similar unoccupied features, may be erected above the height limits in this Section 9.6 provided the structures are in no way used for living purposes and do not constitute more than 25% of the ground floor area of the building.
b.
The Board of Appeals may waive the minimum side setback for a development in which multifamily dwellings are divided by a zero lot line.
2.
More than one residential or accessory building or structure shall be allowed on a lot. The minimum separation between buildings on a lot shall comply with the State Building Code and Massachusetts Fire Code.
9.6.5.
Affordable Housing. Any multifamily development in the MFOD shall provide affordable units in accordance with the following.
1.
In any multi-family development resulting in a net increase of 10 or more dwelling units on any parcel or contiguous parcels comprising a proposed development site, at least 10% of the dwelling units shall be affordable units. Fractions shall be rounded down to the next whole number.
2.
Developments shall not be segmented to avoid compliance with this Section 9.6. Segmentation shall mean one or more divisions of land that cumulatively result in a net increase of 10 or more lots or dwelling units above the number existing 36 months earlier on any parcel or set of contiguous parcels held in common ownership on or after the effective date of this Section 9.6.
3.
All the affordable units required in a proposed development shall be located within the development site and shall be comparable to the market-rate units.
4.
Design. Affordable units must be dispersed throughout a development and be comparable in construction quality and exterior design to the market-rate units. The affordable units shall have the same access to all on-site amenities and open space as the market-rate units.
5.
Timing. All affordable units must be constructed and occupied concurrently with or prior to the construction and occupancy of market-rate units or development.
6.
The unit mix (i.e., the number of bedrooms per unit) of the affordable units shall be in the same proportion as the unit mix of the market-rate units.
7.
All affordable units created under this Section 9.6 shall be subject to an affordable housing restriction approved by the Planning Board, Town Counsel, and the Executive Office of Housing and Livable Communities (EOHLC). The restriction shall run with the land in perpetuity under MGL c. 184, §§ 31-33, and shall be recorded with the Southern Essex County Registry of Deeds or Registry District of the Land Court prior to issuance of a building permit.
9.6.6.
Development Standards.
1.
No special permit shall be required for development under the following provisions, where applicable. Any applicable standards and requirements shall be addressed in conditions under Site Plan Approval.
2.
Off-street parking. Developments in the MFOD shall conform to the requirements in Section 6.3, Off-Street Parking. In addition, MFOD developments shall have a minimum of 1.5 vehicle parking spaces per unit.
9.6.7.
Procedures. No building permit for multifamily housing developed in accordance with this Section 9.6 shall be issued without a site plan approval from the Board of Appeals under Section 10.6.
1.
The Board may impose reasonable conditions to ensure compliance with the requirements of Section 9.6 and other applicable sections of the Zoning Bylaw or to mitigate any extraordinary adverse impacts of the development on nearby properties, provided that the Board's conditions do not unduly restrict opportunities for housing development by adding unreasonable costs or by unreasonably impairing the economic feasibility of a proposed development.
2.
A copy of the decision shall be mailed to the owner and to the Applicant, if other than the owner. A notice of the decision shall be sent to the parties in interest and to persons who requested a notice at the public hearing.
3.
Site Plan Approval shall remain valid and shall run with the land indefinitely provided that construction has commenced within three years after the Board issues the decision, excluding time required to adjudicate any appeal from the Board's decision. The time for commencing construction shall also be extended if the Applicant is diligently pursuing other required permits for the development, or if there is good cause for the Applicant's failure to commence construction, or as may be provided in an approval for a multi-phase development.
4.
The Board of Appeals may adopt administrative rules and regulations relative to site plan approval in the MFOD and file the rules with the Town Clerk. The Board's rules and regulations may include filing fees and procedures for the Board to engage outside consultants under MGL c. 44, § 53G. Submission requirements and procedures shall be in accordance with the Board's rules and regulations.
5.
Modifications to Approved Site Plans.
a.
Minor Change. After a site plan has been approved by the Board of Appeals, an Applicant may apply to make minor changes involving minor utility or building orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall buildout of the site, or provision of open space or affordable housing. Minor changes must be submitted to the Board of Appeals in accordance with the Board's rules and regulations and shall include redlined prints of the approved plan. The Board of Appeals may authorize the proposed changes at any regularly scheduled meeting without the need to hold a public hearing. The Board of Appeals shall issue a written decision to approve or deny the minor changes and provide a copy to the Applicant for filing with the Town Clerk.
b.
Major Change. Changes deemed by the Board of Appeals to constitute a major change in an approved development because of the nature of the change or because the change cannot be appropriately characterized as a minor change under Subsection a. above shall be processed by the Board of Appeals as a new site plan application for Site Plan Approval.