Marshfield City Zoning Code

The location, boundaries, and dimension of each lot in question.

Two-foot contours of the existing and proposed land surface.

The locations of existing and proposed structures, watercourses, and drainage easements, means of access, drainage, and sewage disposal facilities.

The elevation of the basement and first floor.

The area and location of leaching fields.

A minimum of six test borings to a minimum depth of eight feet shall be taken, three of which shall be within the area of the proposed structure and three within 25 feet of the outside walls of the structure, but not closer than 10 feet. A report by a soil scientist or qualified engineer shall accompany the test data.

The floor level of areas to be occupied by human beings as living or working space shall be four feet above the seasonal high-water table and not subject to periodic flooding.

If the basement floor level is below the seasonal high-water table and affords the possibility of human occupancy at some future date, although not originally intended, adequate perimeter drainage and foundation shall be installed to withstand the effect of pressure and seepage. Furnace and utilities are to be protected from the effects of leaching.

Safe and adequate means of vehicular and pedestrian passage shall be provided in the event of flooding of the lot(s) or adjacent lot(s) caused by either the overspill from water bodies or high runoff.

The leaching area designed for use as well as a reserved area for future expansion or total future use shall be plotted with dimensions on the site plan.

A minimum of two percolation tests per leaching area shall be performed. The maximum groundwater table shall be determined during the last two weeks of March or the first three weeks of April. At least two deep observation pits shall be dug to determine soil profiles. The observation pits may be dug during other times of the year and shall be accompanied by a detailed report compiled by a soil scientist or qualified engineer.

The leaching areas shall not be constructed in areas where the maximum groundwater elevation is less than four feet below the bottom of the leaching area.

The location, boundaries, and dimension of each lot in question.

Two-foot contours of the existing and proposed land surface.

The location of existing and proposed structures, watercourses and drainage easements, means of access and drainage.

Site plan clearly depicting the parcel boundary and boundaries of adjacent parcels and rights-of-way;

Survey benchmarks;

Stamp from a Massachusetts registered surveyor;

Name and address of property owner(s);

Property address and map and lot number from the most recent Assessor's records;

Locations of surface water and wetland flags;

Location of WRPD boundary;

North arrow;

Scale (minimum of one inch equals 40 feet).

Storage of liquid petroleum products of any kind incidental to:

Non-sanitary wastewater treatment facilities approved by the DEP exclusively designed for the treatment of contaminated ground or surface water and operating in compliance with 314 CMR 5.05(3) or (13);

The replacement or repair of an existing non-sanitary wastewater treatment facility that will not result in a design capacity greater than the design capacity of the existing non-sanitary wastewater treatment facility;

The installation of new wells, the laying of waterlines, and repair and replacement of pipe and appurtenances;

Drainage repair, replacement, and expansion of existing drainage structures and pipe. All drainage repair, replacement, and expansion shall follow DEP stormwater management best management practices as applicable;

Minor road repair and overlay including total reconstruction or expansion;

Street improvements pursuant to the Planning Board's street improvement policy; and

The laying of sewer line and repair, replacement or expansion of existing structures and pipe.

Petroleum, fuel oil, and heating oil bulk stations and terminals, not including liquefied petroleum gas.

Facilities that generate, treat, store or dispose of hazardous waste that are subject to MGL c. 21C and 310 CMR 30.00, except for the following:

Storage of sodium chloride, calcium chloride, chemically treated abrasives or other chemicals used for the removal of snow or ice on roads.

Stockpiling and disposal of snow or ice containing sodium chloride, calcium chloride, chemically treated abrasives or other chemicals used for the removal of snow or ice on roads which has been removed from highways and streets located outside of the WRPD.

Landfills and/or open dumps as defined in 310 CMR 19.006.

Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1.

Landfills receiving only wastewater and/or septage residuals including those approved by the DEP pursuant to MGL c. 21, §§ 26 through 53, MGL c. 111, § 17, MGL c. 83, §§ 6 and 7, and regulations promulgated thereunder.

Animal feedlots exceeding 10 animals per acre, except as may be protected under MGL c. 40A, § 3.

Any new development or expansion of existing development that will result in more than 30% of a site becoming impervious within a residential district or more than 60% of a site within a commercial or industrial district becoming impervious unless specifically exempted under Subsection E(1), Exempt uses.

Discharge to the ground of non-sanitary wastewater including industrial and commercial process wastewater, unless specifically exempt in Subsection E(1), Exempt uses.

Conservation of soil, water, plants, and wildlife;

Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted;

Foot, bicycle and/or horse paths and bridges;

Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices;

Maintenance, repair, and enlargement of any existing structure;

Single-family residential development;

Farming, gardening, nursery, conservation, forestry, harvesting, and grazing;

Construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, treatment plants, aqueducts, and tunnels; and

Any use allowed by right in § 305-5.04, Table of Use Regulations, that is not otherwise prohibited or requires a special permit in the WRPD.

Enlargement or alteration of existing uses that do not conform to the WRPD.

Activities that involve toxic or hazardous materials in quantities greater than those associated with normal household quantities except as may be prohibited under Subsection E(2), Prohibited uses.

Any increase in size or new on-site septic system or sanitary wastewater treatment plant with an individual or combined flow of 2,000 gallons per day or greater.

Any streets, including new subdivision streets and bridges, which will be built to serve five lots or more unless specifically exempted under Subsection E(1), Exempt uses.

Underground storage tanks not including those that may be used to temporarily store wastewater effluent in a system approved by the Board of Health or those used to temporarily store stormwater as part of a management system compliant with Subsection F(8) of this bylaw.

Existing residential, commercial, industrial, and/or community facilities where a change in use is proposed may not require a special permit provided that a WRPD reoccupation certificate signed by the Building Commissioner/Zoning Enforcement Officer indicates that a special permit is not required pursuant to the Planning Board rules and regulations associated with this bylaw.[1]

Eligibility for a WRPD reoccupation certificate is contingent upon following conditions:

Ten percent of the cumulative storage capacity of all containers; or

One hundred ten percent of the single largest container's storage capacity.

Excavations for building foundations, roads or utility work or the installation of stormwater BMPs shall be exempt from this requirement.

The high groundwater elevation may be determined by:

Groundwater elevations depicted on plans shall be stamped by a Massachusetts registered professional engineer.

Where these requirements would severely limit the development potential of a particular parcel, an applicant may propose permanent removal or regrading of the existing soil cover to a finished grade which is less than five feet above the historical high groundwater elevation through a full WRPD special permit application.

A clear outline of communication protocol among facility personnel and emergency response agencies;

Twenty-four-hour contact information for a designated emergency response coordinator (typically the owner or facility manager), who can respond to the site within one hour of notification; multiple emergency response coordinators are recommended;

Twenty-four-hour emergency contact information for local Police Department, Fire Department, and Board of Health;

Twenty-four-hour emergency contact information for notification of the Massachusetts Department of Environmental Protection;

Twenty-four-hour emergency contact information for the facility's designated hazardous waste transporter, if the facility is a licensed hazardous waste or regulated waste generator;

A list of the hazardous products or hazardous wastes present at the facility, including volume and location of any aboveground or underground storage containers;

Inventory of all cleanup supplies; and

A facility map showing hazardous waste accumulation areas, aboveground or underground storage containers, sinks and drains, emergency exits, fire extinguisher locations, and locations of spill cleanup supplies. The facility map shall be posted in the building and shall include emergency contact numbers.

Where a previously developed site is being redeveloped, applicants shall demonstrate that there is no net increase in the concentration of nitrogen when nitrogen loading analyses are performed for both the previous and proposed use; or

For new development that cannot meet the five mg/l on-site standard for average nitrogen concentration or where the standard under Subsection G(4)(a) cannot be achieved for redevelopment, an aggregation of flows analysis shall be provided pursuant to the WRPD rules and regulations demonstrating the use of credit land will result in compliance with the five mg/l standard.

Building area shall not exceed 16% of the land area of any lot.

Impervious surfaces shall not exceed 25% of the land area of any lot.

A minimum of 15% of the lot shall remain undisturbed with existing natural vegetation.

Building area shall not exceed 15% of the land area of any lot.

Impervious surfaces shall not exceed 22% of the land area of any lot.

A minimum of 25% of the lot shall remain undisturbed with existing natural vegetation.

Building area shall not exceed 15% of any lot area.

Impervious surfaces shall not exceed 20% of the lot area.

A minimum of 35% of the lot area shall remain undisturbed with existing natural vegetation.

Front. A ten-foot setback is required. No setback from the front property line is required for stairs or ramps leading above the BFE or any boardwalk or porch located above the BFE.

Side. No side line setbacks are required for buildings providing the ability to have a continuous boardwalk to abutting buildings. Adjoining property owners are encouraged to connect boardwalks and porches to create a continuous elevated pedestrian walkway within the BRVO. For buildings that do not provide the ability to connect to abutting buildings, a five-foot setback is required. Driveways are allowed within the setback.

Rear. A fifteen-foot building setback is required. Parking spaces and maneuvering lanes are allowed within the setback.

Preserve unique natural or historical features.

Minimize grade changes, removal of trees, vegetation and soil.

Maximize buffers to wetlands and water bodies.

Screen objectionable features from neighboring properties and roadways.

On-site development: Constructed or rehabilitated on the locus subject to the special permit; [required in the affordable village, preferred in residential above commercial and not counted by the state for ARAV developments. In ARAV the applicant will need to provide fee-in-lieu (see below)] or

Fees-in-lieu of construction: The applicant may offer, and the Planning Board, upon receiving a favorable recommendation from the Housing Partnership, may approve fees-in-lieu-of construction of affordable housing units as satisfying the requirements of Subsection D above. The applicant shall make the payment of the fee-in-lieu of construction to the Marshfield Housing Authority for the sole purpose of creating affordable housing units in the Town of Marshfield that meet the state's LIP and adds to the Town's subsidized housing inventory as determined by the Housing Partnership. Fees-in-lieu of construction are more fully addressed below.

The applicant may offer, and the Planning Board may accept, a combination of the on-site and fees-in lieu of construction; provided that in no event shall the total number of affordable units provided on site and the number of affordable units for which a fee-in-lieu of construction is paid be less than the equivalent number or value of affordable units required for the applicable development by this Bylaw. Note: If affordable units are for rent, the provisions below fees-in-lieu of construction are not applicable.

Location of affordable units: All affordable units shall be situated within and dispersed throughout the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, than the market-rate units.

Minimum design and construction standards for affordable units: Affordable housing units within market-rate developments shall be integrated with the rest of the development and shall be identical to the market-rate units in size, design, appearance, construction, building systems such as HVAC, electrical and plumbing, and quality and types of materials used in all interior space including bedrooms, kitchen, bathrooms, living rooms, studies, hallways, closets, garages and basements and provided with identical amenities and appliances such as, but not limited to, decks, central vacuum cleaning systems, stoves, refrigerators, compactors, disposals, dishwashers and landscape fencing, walls and plantings unless otherwise approved in the special permit by the Planning Board. No changes to these standards may be made by the Planning Board without the approval of the Housing Partnership.

Marketing plan for affordable units: Applicants shall submit a marketing plan which describes the number of affordable housing units, their approximate sales price or rent level, the means for selecting buyers or tenants of the affordable units, how the applicant will accommodate local preference requirements and the method of affirmatively marketing the affordable units (including the marketing of such units) to minority households, in a manner that complies with the LIP guidelines. This requirement is further addressed in § 305-11.14I of this Bylaw.

The marketing plan shall be developed by the applicant with the assistance of the lottery agent and submitted to the Housing Partnership. The Housing Partnership shall review the marketing plan to determine its appropriateness in addressing the affordable housing needs within the community and its compliance with applicable federal and state statutes and regulations, the LIP guidelines and this Bylaw. The Housing Partnership may require modifications of the marketing plan or, if it determines the plan to be satisfactory, may forward it to DHCD with a favorable recommendation. Following the approval of the marketing plan by DHCD, the Housing Partnership shall notify the Planning Board and the lottery agent. The special permit and building permits may be granted prior to receiving DHCD approval so as to facilitate the construction of the development; however, occupancy permits, whether for affordable or market-rate units, shall not be issued until such time as the marketing plan has been approved by DHCD.

Applicants shall comply with the requirements of the lottery agent and certify their acceptance and willingness to comply with the lottery process or other requirements of the lottery agent for the selection of qualified housing buyers or renters for the affordable units. The lottery system and requirements are further addressed in § 305-11.14I of this Bylaw. Applicants may use a lottery agent from a list of DHCD approved lottery agents or may use the Marshfield Housing Authority as its lottery agent. The recommended lottery agent shall be approved by the Housing Partnership.

Fees-in-lieu of construction of affordable housing units: With the exception of an affordable village application an applicant may propose to pay a fee-in-lieu of construction of affordable housing units to the Marshfield Housing Authority. A fee-in-lieu of construction shall be for the sole purpose of creating affordable housing in the Town of Marshfield that meet the state's LIP and adds to the Town's Subsidized Housing Inventory as determined by the Housing Partnership. The fee-in-lieu of construction shall be held in trust and in separate interest bearing accounts by the Marshfield Housing Authority for such purpose.

For each affordable unit for which a fee-in-lieu of construction is paid, the cash payment per unit shall be equal to 40% of the average price being asked for the market rate units in the applicable development.

The fee-in-lieu of construction shall not result in an increase in the total number of units contained in the application for the special permit approved by the Planning Board.

The Marshfield Housing Authority shall submit to the Housing Partnership annually and upon request, reports and other documentation of the use of its financial accounting for the fees-in-lieu of construction.

The Marshfield Housing Authority shall hold all fees-in-lieu of construction of affordable housing units paid to it and all investment income and profit thereon received by it separately from all other moneys of the Marshfield Housing Authority. It shall cause such fees, income and profit to be audited at least once a year by an independent, certified public accountant or independent firm of certified public accountants experienced in auditing accounts of governmental entities (which may be its regular auditor if such regular auditor meets the foregoing criteria); such audit to be completed no later than the general audit of the Marshfield Housing Authority's financial statements for the applicable fiscal year. A copy of such audit shall be promptly submitted to the Town Accountant, the Town Treasurer, the Town Administrator, the Board of Selectmen, the Housing Partnership, and the Planning Board. Such audit may be combined with the general audit of the Marshfield Housing Authority as long as all matters relating to such fees, income and profit are set forth separately from all other accounts of the Marshfield Housing Authority.

Schedule of fees-in-lieu of payments: Fees-in-lieu of construction payments shall be made prior to application for the first residential occupancy permit of the element. The market price proposed at the time of application shall be reviewed and adjusted if required at the time of payment. The Planning Board will consult with the Housing Coordinator prior to signing off on building permit.

Section A, purpose;

Section D, required performance standards;

That the proposed element provides the proper fiscal balance for the Town, ensuring that additional non-residential growth (within the PMUD) occurs prior to or at the same time as additional residential development;

That any proposed residential units provide the Town with the type of affordable housing as called for in the housing production plan.

That the projected traffic increase of the proposed uses to the local road(s) and Route 139 is within the capacity of the existing road network, or that the applicant's proposed traffic mitigation measures will adequately address actual and proposed traffic impacts from the proposed element and all other projected development in accordance with standard traffic impact assessment practices and traffic flow.

That the proposed streets have been aligned to provide vehicular access to lots and/or buildings in a reasonable and economical manner. Lots, buildings, parks, playgrounds and streets have been located to avoid or minimize adverse impacts on wetlands and water-bodies;

That the proposed development improves pedestrian and bicycle access and safety;

That suitable public green(s) and or facilities have been provided;

Acceptability of building and site design;

That the proposal conforms with the goals of the Marshfield Master Plan and Housing Production Plan as amended.