Medfield City Zoning Code
ARTICLE 14
Administration and Enforcement
§ 300-14.1 Building Inspector and/or Zoning Enforcement Officer.
[Amended 4-28-2014 ATM by Art. 33; 5-6-2024 ATM by Art. 33]
It shall be the duty of the Select Board, which may appoint agents, the Building Inspector and Zoning Enforcement Officer, to administer and enforce the provisions of this Bylaw.
§ 300-14.2 Permits required.
[Amended 5-6-2024 ATM by Art. 33]
It shall be unlawful for any owner or person to erect, construct, reconstruct, or alter a structure or change the use, increase the intensity of use, or extend or displace the use of any building, other structure or lot without applying for and receiving from the Building Inspector or Select Board the required permit. For purposes of administration, the application procedure involving a permit for a structure or use may be made at the same time and combined with the permit required under the State Building Code. In addition to the plot plans and drawings required by the Commonwealth of Massachusetts State Building Code (prepared and certified to by a professional engineer and/or land surveyor), plans and information for signs and off-street parking and loading shall also be filed with the Building Inspector. An application for a permit in the Floodplain or Watershed Protection Districts shown on the Zoning Map shall meet all requirements of Articles 10 and 11.
§ 300-14.3 Previously approved permits.
Construction or operations under a building or special permit shall conform to any subsequent amendment of the Bylaw unless the use or construction is commenced within a period of not more than six months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.
§ 300-14.4 Certificate of use and occupancy required.
It shall be unlawful to use or occupy any structure or lot for which a permit is required herein until the owner applies for and receives from the Building Inspector a certificate of use and occupancy. Nothing herein shall negate the necessity of a use and occupancy permit required under the State Building Code.
§ 300-14.5 Permit and certificate fees.
[Amended 5-6-2024 ATM by Art. 33]
Fees shall be established by the Select Board.
§ 300-14.6 Special permit time limits.
[Amended 5-6-2024 ATM by Art. 33]
The recipient of a special permit shall apply for a building permit within two years of the date of authorization by the special permit granting authority or the special permit will become null and void. Any work for which any permit has been issued by the Building Inspector shall be actively prosecuted within 90 days and completed within one year of the date of the issuance of the special permit. Any special permit issued for a project which is actively prosecuted for one year may be extended up to an additional year at the discretion of the Select Board.
§ 300-14.7 Violations and penalties.
[Amended 4-28-2014 ATM by Art. 33; 5-6-2024 ATM by Art. 32]
A.
The Building Inspectors or Zoning Enforcement Officers shall serve a notice of "violation and order" to any owner or person responsible for any violation of the provisions of the Bylaw or violation of any approved plan, information or certificate issued under the provisions of this Bylaw. Such order shall direct the discontinuance of the unlawful action, use or condition and the abatement of violation within a time to be specified by the Building Inspector or Zoning Enforcement Officer. Any owner who has been served with a notice and who ceases any work or other activity shall not leave any structure or lot in a condition that is a hazard or menace to the public safety, health or general welfare. The Building Inspector shall have the power to require that premises be put in safe condition or such condition that he directs to bring them into conformity with this Bylaw.
B.
Except as set forth in § 300-13.1E for violations of the Sign Bylaw, violation of any of the provisions of this Bylaw shall be fined not more than $300 for each offense. Each day that such violation continues shall constitute a separate offense.
C.
In addition to the foregoing, a zoning bylaw violation may be addressed by non-criminal disposition, as provided in MGL c. 40, § 21D. For said purpose, the fine for each zoning bylaw violation shall be:
First offense: $100 |
Second offense: $200 |
Third and subsequent offenses: $300 |
In the case of a continuing violation, each day shall constitute a separate offense. The Building Commissioner, Building Inspector(s), and their designee(s) shall each have the authority to enforce the provisions of this subsection.
§ 300-14.8 Prosecution of violations.
[Amended 5-6-2024 ATM by Art. 33]
If the notice of "violation and order" is not complied with promptly, the Building Inspector or Zoning Enforcement Officer shall request the Select Board to institute the appropriate action or proceeding at law or in equity to restrain and correct the violation.
§ 300-14.9 Board of Appeals.
There shall be a Board of Appeals of three members and three associate members appointed as provided in MGL c. 40A, as amended, which shall act on all matters within its jurisdiction under this Bylaw in the manner prescribed in said Section, subject always to the rule that it shall give due consideration to promoting the public health, safety, convenience, and welfare, and conserving property values; that it shall permit no building or use injurious, noxious, offensive or detrimental to a neighborhood; special permits may be issued only for uses which are in harmony with the general purpose and interest of this Bylaw and shall be subject to general or specific provisions set forth herein; and that it shall prescribe appropriate conditions, safeguards and limitations on time or use.
§ 300-14.10 Special permits by Board of Appeals.
[4-29-2019 ATM by Art. 24; 4-28-2014 ATM by Art. 33; 5-5-2025 ATM by Art. 29]
Certain uses, structures or conditions are designated as "SP" in the Table of Use Regulations included as an attachment to this Bylaw. These uses require a special permit from the Board of Appeals, which may be obtained only by use of the following procedure. Special permits required by Article 7, Open Space Residential Zoning, Article 10, Floodplain District, and Article 11, Watershed Protection District, shall be exempt from the provisions of this Section and shall be governed by the provisions of Articles 7, 10 and 11.
A.
Form of application.
(1)
Any person desiring to apply for a special permit hereunder shall submit an application in writing to the Board of Appeals with a copy to the Building Inspector, the Board of Health, the Planning Board and Town Clerk. Each application shall contain the following information:
(a)
The full name and address of the applicant.
(b)
The full name and address of the record owner of the real estate concerning which the special permit is sought if different from the applicant.
(c)
If the applicant is other than the record owner of the real estate, the nature of the applicant's interest in the real estate (i.e., lease, option to purchase, etc.).
(d)
The street address and zone for the property concerning which a special permit is sought.
(e)
A summary of any construction or change which the applicant intends to make to the property if the special permit is granted.
(f)
A plot plan showing the boundary lines of the premises and the locations of structures thereon.
(g)
Plans showing any proposed construction, alterations or renovations of the premises for which the special permit is sought.
(h)
If the proposed use contemplates removal or disturbance of any earth, topographical plans of the property shall be furnished which show existing and finished ground contours at two-foot intervals.
(i)
A summary of applicant's reasons for seeking the special permit.
(2)
The Board of Appeals may require from any applicant for a special permit such additional information as it may determine to be necessary to determine the effect of the proposed use upon neighboring persons and property, and upon the welfare of the Town.
B.
If no recommendations are received within 35 days after the date on which a copy of the application is submitted to the Building Inspector, the Board of Health and the Planning Board, as required by Subsection A, it shall be deemed lack of their opposition thereto.
C.
Hearing. The Board of Appeals shall, at the expense of the applicant, give notice of a public hearing as required by the Zoning Act and shall, after publication of said notice, hold a public hearing on the application. The public hearing shall not be held until at least 21 days have elapsed and within 65 days from the date of the filing of the application. The public hearing shall be conducted in accordance with the rules and procedures prescribed by the Board of Appeals as required by the Zoning Act.
D.
The Board of Appeals shall adopt and from time to time amend rules relative to the issuance of special permits and shall file a copy of said rules in the office of the Town Clerk.
E.
After the public hearing required by Subsection C has been concluded, the Board of Appeals may grant a special permit if it concludes that a special permit is warranted by the application and the evidence produced at the public hearing and if it makes the following specific findings of fact:
(1)
Overall design is consistent and compatible with the neighborhood, including as to factors of building orientation, scale, and massing.
(2)
Vehicular traffic flow, access and parking and pedestrian safety are properly addressed such that the proposed use will not result in a public hazard due to substantially increased vehicular traffic or parking in the neighborhood.
(3)
Drainage, utilities and other infrastructure are adequate or will be upgraded to accommodate development.
(4)
The proposed use will not have any significant adverse effect upon properties in the neighborhood, including property values.
(5)
Project will not adversely affect or cause substantial damage to any environmentally significant natural resource, habitat, or feature or, if it will, proposed mitigation, remediation, replication, or compensatory measures are adequate.
(6)
Number, height, bulk, location and siting of building(s) and structure(s) will not result in abutting properties being deprived of light or fresh air circulation or being exposed to flooding or subjected to excessive noise, odor, light, vibrations, or airborne particulates.
(7)
Water consumption and sewer use, taking into consideration current and projected future local water supply and demand and wastewater treatment capacity, will not be excessive.
(8)
The proposed use will not create any hazard to public safety or health in the neighborhood.
(9)
If public sewerage is not provided, plans for on-site sewage disposal systems are adequate and have been approved by the Board of Health.
F.
Single-family dwelling and two-family dwelling as a secondary use in conjunction with a principal use in the B District not otherwise requiring a special permit, shall be permitted subject to the following special conditions:
(1)
A special permit will be required.
(2)
The principal use to which the residential use is "secondary" must occupy all of the street and ground floor (with the exception of the area for stairs or elevator necessary to gain access to the upper floor residential use). This will not preclude that the business use may occupy all or part of any floor above the street or ground floor.
(4)
The residential use will be protected from offensive noise, vibration, electromagnetic interference, dust and other particulate matter, odorous matter, heat, glare, and other objectionable influences.
(5)
The area of the lot will not be less than 10,000 square feet.
G.
Signs.
(1)
Upon proper application pursuant to Article 13, and after a public hearing following the procedure required by Subsection C, the Board of Appeals may grant a special permit to allow a sign to be erected that would otherwise not be permitted, if the Board concludes that a special permit is warranted by the application and the evidence produced at the public hearing and if the Board makes the following specific findings of fact:
(a)
The proposed sign will not have an adverse effect upon property values in the neighborhood.
(b)
The proposed sign is architecturally and aesthetically consistent with the other signs and structures in the area.
(c)
The proposed sign will not create any hazard to public safety or health in the neighborhood.
(d)
The proposed sign does not create a nuisance.
H.
Conditions.
(1)
If the Board of Appeals elects to grant a special permit pursuant to this § 300-14.10, it may impose conditions upon the granting thereof at its discretion. No building permit shall be granted for construction authorized by a special permit granted hereunder until plans have been submitted to the Building Inspector which specify in detail the manner of compliance with any conditions set by the Board of Appeals.
(2)
The Board shall also impose the conditions specified below on the following uses:
(a)
For the use of a travel trailer or mobile home located in any district, provided: any travel trailer or mobile home shall not be used for more than six months; no wheels, tires or other means of keeping the travel trailer or mobile home mobile shall be removed; any travel trailer or mobile home shall have a current state motor vehicle license; and no skirts, porches, fences or similar materials or equipment shall be added to any travel trailer or mobile home which would detract from its mobility. Each travel trailer or mobile home and its lot shall be subject to the requirements of the district.
(b)
For the conversion to or location of a lodging house in the RU District, provided: it shall be limited to not more than five persons; it shall be located in the principal building; official residence shall be maintained therein by the owner of the premises; it shall be used for non-transients only.
(c)
For bed-and-breakfast use, there shall be no more than four rooms used as guest rooms for no more than six short-term paying guests; parking shall be provided as required by § 300-8.1; and signs shall conform to § 300-13.8G(3).
(d)
For the use of a single-family dwelling in any R District for a home occupation, provided: not more than one nonresident shall be employed therein; the use is carried on strictly within the principal building; not more than 40% of the existing floor area, not to exceed 500 square feet, is devoted to such use; that there shall be no display of goods or wares visible from the street; there shall be no advertising on the premises other than a small nonelectrical sign not to exceed one square foot in area and carrying only the name and occupation of any occupant of the premises such as physician, artisan, teacher, day nurse, lawyer, architect, engineer, clergyman, accountant, osteopath, dentist, and similar occupations or professions; the buildings or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise, electrical disturbance or in any other way; the building shall include no features of design not customary in buildings for residential use. Such uses as clinics, barber shops, beauty parlors, tea rooms, real estate offices, tourist homes, animal hospitals, kennels and others of a similar nature shall not be considered home occupations.
(e)
For the planned business or industrial development of land for any permitted use in a B or BI District subject to the floor area ratio more than the maximum permitted in the Table of Area Regulations[1] and less than the parking requirements contained in Article 8, provided: the tract in single or consolidated ownership at the time of application shall be at least three acres in size; a development plan shall be presented for the entire tract; the development shall be served by one common parking area, exit and entrance; the maximum floor area ratio shall not exceed 0.50; the parking space requirements shall not be reduced by 10% or more of the normal application requirements of the B or BI District.
[1]
Editor's Note: The Table of Area Regulations is included as an attachment to this chapter.
(f)
For the manufacturing or other industrial use of any lot in any I District, provided: the proposed use shall not emit any smoke of a shade darker than No. 2 on the Ringlemann Smoke Chart as published by the U.S. Bureau of Mines; no air pollution particle concentrations shall exceed 0.3 grain per cubic foot; all inflammable or radioactive liquids shall be stored underground; the discharge of wastes shall be into a public sewer or the system subject to written approval of the Massachusetts Department of Public Health; vibration shall not exceed the safe range of Table 7, U.S. Bureau of Mines, Bulletin No. 442; there shall be no unusual or objectionable odor; no direct or sky-reflected glare shall be permitted; and all materials shall be stored within a completely enclosed building.
(g)
For the use of land or the erection and use of any building or other structure in any district for a principal or accessory use where the provisions for a Bylaw cannot reasonably be interpreted to provide anywhere in this Bylaw for such use, provided: the Board determines in each instance such use shall be essential to the general welfare of the Town; they shall be permitted only in a district where uses similar to the use shall be permitted; the use shall be subject to all provisions prescribed in this Bylaw for the district in which the similar use is provided for as a permitted use.
(h)
For the enlargement of any nonconforming structure (not including a sign) beyond the maximum floor area ratio and yard regulations in any district, and the extension of the use thereof, refer to Article 9.
(i)
For alteration of single-, two- or multifamily dwelling to adapt them to additional limited two- or multiple-family use upon the following conditions:
(i)
That there will be no change in the existing district use and the approval shall automatically cease when the structure is removed.
(ii)
That a minimum floor space of 500 square feet per family unit be provided.
(iii)
That satisfactory off-street parking be provided.
(iv)
That each family unit be a complete housekeeping unit.
(v)
That additions or appurtenances may not be added without the prior approval of the Board of Appeals, except for openings for ingress and egress, for necessary stairs and steps, including shelters therefor, and for the housing of one motor vehicle per family unit.
(vi)
Other conditions that may lawfully be required by the Board of Health, the Building, Plumbing and Wiring Inspectors, the Planning Board and the Board of Appeals, consistent with the foregoing.
§ 300-14.11 Variances.
The Board of Appeals shall have the power to grant variances in accordance with provisions of MGL c. 40A. Applications for a variance shall conform with the requirements of § 300-14.10A.
§ 300-14.12 Site plan approval by Planning Board.
The purpose of site plan approval is to ensure that plans for the design and layout of certain permitted developments conform to all the Town's Bylaws and regulations, by requiring that the plans be approved and signed by the Planning Board before a building permit may be issued by the Building Inspector.
A.
No building, except a single-family dwelling, shall be constructed or expanded in ground area, no residential use shall be changed to a nonresidential use, and no nonresidential use shall be changed to another, substantially different, nonresidential use except in conformance with this § 300-14.12. For the purposes of the preceding sentence, it shall be the Planning Board which makes the determination whether a proposed nonresidential use is substantially different from the existing nonresidential use. A one-time only construction contained within a total ground floor area not exceeding 500 square feet is exempt from the provisions of this subsection. The Planning Board shall adopt and from time to time shall amend rules and fee schedules relative to the issuance of site plan approval and shall file a copy of said rules and fee schedules in the office of the Town Clerk.
[Amended 4-28-2014 ATM by Art. 33]
B.
Hearing. The Planning Board shall, at the expense of the applicant, give notice of a public hearing as required by the Zoning Act of Massachusetts General Laws and shall, after publication of said notice, hold a public hearing on the application. The public hearing shall not be held until at least 21 days have elapsed and within 65 days from the date of the filing of the application. The public hearing shall be conducted in accordance with the rules and procedures prescribed by the Planning Board as required by the Zoning Act of Massachusetts General Laws.
C.
Site plan approval shall be granted upon determination by the Planning Board that the plan conforms to the following standards. The Planning Board may impose reasonable conditions at the expense of the applicant, including performance guarantees, to ensure such conformance. To the extent feasible, new building construction or other site alteration shall be designed, after considering the qualities of the specific location, the proposed land use and buildings, grading, egress points, and other aspects of the development, so as to meet these objectives:
(1)
For multifamily site plans for which more than one structure is proposed, placement of structures on the site is appropriate to the site and compatible with its surroundings. To achieve this finding the Board shall review the proposal for:
[Amended 4-29-2019 ATM by Art. 23]
(a)
There shall be no more than two garage bays (or two interior parking spaces as defined by the Zoning Bylaw) per unit and they should be oriented so that they are in character with the streetscape and surrounding properties.
(b)
Each dwelling unit should have access to private yard, patio, or other private outdoor space.
(c)
Negative visual impacts of the development, if any, are screened from adjacent properties and nearby streets by landscaping or other site planning techniques. The Planning Board, in its discretion, may require additional screened buffer zone for the privacy of directly abutting properties. Screening can include use of existing trees and plants, new vegetation, fencing, or a combination of these options.
(d)
Each parking space or driveway serving a multifamily dwelling shall be set back at least 10 feet from any side lot line and rear lot line and shall be designated on the site plan.
(e)
Adequate provisions for snow removal or on-site storage should also be demonstrated.
(f)
The access, egress, and internal circulation are designed to provide a network of pedestrian-friendly streetscapes.
(g)
The dwellings are sited and oriented in a complementary relationship to: each other, the common open space, and the adjacent properties.
(2)
The proposed use will not result in a public hazard due to substantially increased vehicular traffic or due to inadequacy of the structure or configuration of the road(s) directly serving the site.
(3)
The proposed use will not create any danger of pollution to public or private water facilities.
(5)
No excessive noise, light or odor shall be emitted.
(6)
The site plan and proposed use(s) conform to all requirements of the Zoning Bylaw of the Town of Medfield.
D.
No building permit shall be granted for construction authorized by approval granted hereunder until plans have been submitted to the Building Inspector which specify in detail the manner of compliance with any conditions set by the Planning Board.
E.
Lapse. Site plan approval shall lapse after one year from the grant thereof if a substantial use thereof has not sooner commenced except for good cause. Such approval may, for good cause, be extended in writing by the Planning Board upon the written request of the applicant.
F.
Appeal periods. Appeals shall be conducted in accordance with applicable law.
§ 300-14.13 Appeal periods.
[4-28-2014 ATM by Art. 33; 5-6-2024 ATM by Art. 33]
A.
Any appeal to the Board of Appeals to any order or decision relative to this Bylaw shall be made in conformance with the conditions set out by the Zoning Act. All such appeals shall be conducted in accordance with the Zoning Act.
B.
Any person aggrieved by a decision of the Board of Appeals or the Planning Board or the Select Board may petition the court within the period of time set forth in the Zoning Act.
§ 300-14.14 Duty to supply plans and specifications.
The furnishing of all plans and specifications necessary to all boards and authorities as required by this Article shall be the obligation of the applicant. Each board or authority shall immediately return to such applicant a dated receipt in duplicate describing the documents received. Such receipt shall be prima facie evidence of delivery and date of delivery. A copy of each receipt shall be presented to the Board of Appeals or the Planning Board at least two weeks before the date set for the hearing of the application.
§ 300-14.15 Special permits by Planning Board.
[Added 4-24-2017 ATM by Art. 42]
Certain uses, structures, or conditions are designated as "SPPB" in the Table of Use Regulations, included as an attachment to this Bylaw. These uses require a special permit from the Planning Board, which may be obtained only by use of the following procedure.
A.
Form of application.
(1)
Any person desiring to apply for a special permit hereunder shall submit an application, in writing, to the Planning Board with a copy to the Building Commissioner, the Board of Health, and Town Clerk. Each application shall contain the following information:
(a)
The full name and address of the applicant.
(b)
The full name and address of the record owner of the real estate concerning which the special permit is sought if different from the applicant.
(c)
If the applicant is other than the record owner of the real estate, the nature of the applicant's interest in the real estate (i.e., lease, option to purchase, etc.).
(d)
The street address and zone for the property concerning which a special permit is sought.
(e)
A summary of any construction or change which the applicant intends to make to the property if the special permit is granted.
(f)
Zoning Table to show existing and proposed dimensional requirements using methodologies found in the Medfield Zoning Bylaw.
(g)
A site plan showing the boundary lines of the premises and the locations of structures thereon, including parking areas, walkways, patios, decks, accessory structures, utilities, easements, stone walls or other significant features.
(h)
Current stamped plans showing any proposed construction, alterations or renovations of the premises for which the special permit is sought.
(i)
Current stamped engineered plans showing proposed drainage system.
(j)
If the proposed use contemplates removal or disturbance of any earth, topographical plans of the property shall be furnished which show existing and finished ground contours at two-foot intervals.
(k)
A summary of applicant's reasons for seeking the special permit.
(2)
The Planning Board may require from any applicant for a special permit such additional information as it may determine to be necessary to determine the effect of the proposed use upon neighboring persons and property, and upon the welfare of the Town.
B.
If no recommendations are received within 35 days after the date on which a copy of the application is submitted to the Building Commissioner and the Board of Health, as required by Subsection A, it shall be deemed lack of their opposition thereto.
C.
Hearing. The Planning Board shall, at the expense of the applicant, give notice of a public hearing as required by the Zoning Act and shall, after publication of said notice, hold a public hearing on the application. The public hearing shall not be held until at least 21 days have elapsed and within 65 days from the date of the filing of the application. The public hearing shall be conducted in accordance with the rules and procedures prescribed by the Planning Board as required by the Zoning Act.
D.
The Planning Board shall adopt and from time to time amend rules relative to the issuance of special permits and shall file a copy of said rules in the office of the Town Clerk.
E.
After the public hearing required by Subsection C has been concluded, the Planning Board may grant a special permit if it concludes that a special permit is warranted by the application and the evidence produced at the public hearing and if it makes the following specific findings of fact:
(1)
Overall design is consistent and compatible with the neighborhood, including as to factors of building orientation, scale, and massing.
(2)
Vehicular traffic flow, access and parking and pedestrian safety are properly addressed such that the proposed use will not result in a public hazard due to substantially increased vehicular traffic or parking in the neighborhood.
(3)
Drainage, utilities and other infrastructure are adequate or will be upgraded to accommodate development.
(4)
The proposed use will not have any significant adverse effect upon properties in the neighborhood, including property values.
(5)
Project will not adversely affect or cause substantial damage to any environmentally significant natural resource, habitat, or feature or, if it will, proposed mitigation, remediation, replication, or compensatory measures are adequate.
(6)
Number, height, bulk, location and siting of building(s) and structure(s) will not result in abutting properties being deprived of light or fresh air circulation or being exposed to flooding or subjected to excessive noise, odor, light, vibrations, or airborne particulates.
(7)
Water consumption and sewer use, taking into consideration current and projected future local water supply and demand and wastewater treatment capacity, will not be excessive.
(8)
The proposed use will not create any hazard to public safety or health in the neighborhood.
(9)
If public sewerage is not provided, plans for on-site sewage disposal systems are adequate and have been approved by the Board of Health.
F.
New two-family dwellings with a proposed lot coverage equal to or greater than 15% (in the RU Zoning District) or the conversion of an existing single-family dwelling to a new two-family dwelling with a proposed lot coverage equal to or greater than 15% (in the RU Zoning District) shall be permitted subject to the following special criteria:
(1)
The common party wall shall connect habitable space (an area within a building, typically a residential building, used for living, sleeping, eating or cooking purposes - also called "occupiable space." Those areas not considered to meet this definition include storage rooms, garages and utility spaces).
(2)
There shall be no more than two garage bays (or two interior parking spaces as defined by the Zoning Bylaw) per unit and they should be oriented so that they are in character with the surrounding properties.
(3)
Each dwelling unit has access to private yard, patio, or other private outdoor space.
(4)
The Planning Board, in its discretion, may require additional screened buffer zone for the privacy of adjacent properties. Screening can include use of existing trees and plants, new vegetation, fencing, or a combination of these options.
(5)
Each parking space or driveway serving a two-family dwelling shall be set back at least 10 feet from any side lot line and rear lot line and shall be designated on the site plan.
(6)
Adequate provisions for snow removal or on-site storage should also be demonstrated.
G.
Multifamily dwelling developments shall be permitted subject to the following special criteria:
[Added 4-30-2018 ATM by Art. 41[1]]
(1)
The development of multiple dwellings does not detract from the livability, scale, character or economic value of existing residential neighborhoods.
(2)
There shall be no more than two garage bays (or two interior parking spaces as defined by the Zoning Bylaw) per unit and they should be oriented so that they are in character with the streetscape and surrounding properties.
(3)
Each dwelling unit should have access to private yard, patio, or other private outdoor space.
(4)
Negative visual impacts of the development, if any, are screened from adjacent properties and nearby streets by landscaping or other site planning techniques. The Planning Board, in its discretion, may require additional screened buffer zone for the privacy of directly abutting properties. Screening can include use of existing trees and plants, new vegetation, fencing, or a combination of these options.
(5)
Each parking space or driveway serving a multifamily dwelling shall be set back at least 10 feet from any side lot line and rear lot line and shall be designated on the site plan.
(6)
Adequate provisions for snow removal or on-site storage should also be demonstrated.
(7)
The access, egress, and internal circulation are designed to provide a network of pedestrian-friendly streetscapes.
(8)
The dwellings are sited and oriented in a complementary relationship to: each other, the common open space, and the adjacent properties with respect to scale, mass, setback, proportions and materials.
H.
Historic preservation incentive for two-family dwellings in the RU Zoning District.
(1)
A special permit pursuant to § 300-14.15A through F for a proposed project that preserves a structure that has received a determination from the Medfield Historical Commission that the structure is a "historically significant structure" (as defined by Town Code § 150-13, as the same may be amended from time to time) may allow a lot coverage of up to 30% upon finding the property complies with the following criteria:
(a)
As to the existing historic structure, the project:
(i)
Preserves the primary part of the existing historic structure, particularly that portion which is visible from the street, integral to the historic character of the property and important for its relationship to neighboring structures.
(ii)
Preserves the historic structure's existing scale, massing, height, setback, orientation, roofline, materials, and architectural details.
(iii)
Maintains the size, type and spacing of existing windows and doors.
(iv)
Maintains any historic outbuildings on the property whenever possible.
(b)
It shall be a prerequisite to requesting such increased lot coverage that the applicant shall have submitted to Medfield Historical Commission information relating to the historical features of the structure to enable the Commission to make a determination as to whether such structure is a "historically significant structure." Where such increased lot coverage is sought, a copy of the Commission's determination must be included in the applicant's application for a special permit pursuant to § 300-14.15A through F.
(2)
As to new construction directly related to an existing historic structure, the new construction respects and reflects the scale, massing, roof forms, materials, windows, doors, and other architectural details of the related historic structure.
I.
Waivers to special permit criteria for a two-family dwelling. One or more of the special permit criteria specific to two-family dwellings required by Subsection F(1) through (6) may be waived if, in the opinion of the Planning Board, based on compelling reasons of safety, aesthetics, or site design and evidence submitted by the applicant at the public hearing, the proposed project can be built without substantial detriment to the neighborhood, the proposed building is compatible with the neighborhood and surrounding properties, and the proposed project is otherwise consistent with the requirements of Subsections E, F, and G of this Section. [Amended 4-30-2018 ATM by Art. 41]
Note: Waivers granted to one project do not mean future projects may automatically receive the same waivers.
§ 300-14.16 Inclusionary Zoning Bylaw.
[Added 4-24-2017 ATM by Art. 46]
Purpose and intent. The purpose of this Bylaw is to encourage development of new housing that is affordable to low- and moderate-income households. At minimum, affordable housing produced through this regulation should be in compliance with the requirements set forth in MGL c. 40B, §§ 20 through 24 (as the same may be amended from time to time), and other affordable housing programs developed by state, county and local governments. It is intended that the affordable housing units that result from this Bylaw/ordinance be considered as local action units, in compliance with the requirements for the same as specified by the Department of Housing and Community Development (DHCD) or successor state agency or regulations.
A.
Applicability.
[Amended 4-29-2019 ATM by Art. 23]
(1)
In all zoning districts, the inclusionary zoning provisions of this section shall apply to the following uses:
(a)
Any project requiring a special permit under Chapter 300, Zoning, Attachment 1, Table of Use Regulations, Section 1.4, or site plan approval under Chapter 300, Zoning, Attachment 1, Table of Use Regulations, Section 1.4.a, that results in a net increase of six or more dwelling units, as measured over a ten-year time period, whether by new construction or by the alteration, expansion, reconstruction, or change of existing residential or non-residential space.
B.
Special permit. The development of any project set forth in Subsection A (above) shall require the grant of a special permit from the Planning Board. A special permit shall be granted if the proposal meets the requirements of this Bylaw. The application procedure for the special permit shall be as defined in § 300-14.15 of the Town's Zoning Bylaw.
C.
Mandatory provision of affordable units.
(1)
As a condition of approval for a special permit, the applicant shall contribute to the local stock of affordable unit by providing at least the number of affordable housing units specified below, which affordable housing units must be eligible for inclusion on the Subsidized Housing Inventory. A fractional unit of 0.5 or more shall be rounded up to the next whole unit.
Table of Affordable Units Requirements* | |
|---|---|
Total Units in Project | Affordable Units |
6 to 20 | 15% |
21 to 49 | 20% |
50+ | 25% |
NOTES: | |
|---|---|
* | The construction of affordable units shall be commensurate with the construction of market rate units. Should projects be constructed in phases, each phase shall contain the same proportion of affordable units to market rate units as the overall development. |
(2)
As a condition of approval for a special permit, at least 20% of the total number of bedrooms within a development shall be located within affordable units. A fractional bedroom count of 0.5 or more shall be rounded up to the next whole unit.
(3)
As a condition for the granting of a special permit, all affordable housing units shall be subject to an affordable housing restriction and a regulatory agreement in a form acceptable to the Planning Board. The regulatory agreement shall be consistent with any applicable guidelines issued by the Department of Housing and Community Development, including but not limited to Provisions Applicable to Affordable Housing Units; Maximum Incomes and Selling Prices: Initial Sale; Preservation of Affordability; Restrictions on Resale; and shall ensure that affordable units can be counted toward the Town's subsidized housing inventory. The special permit shall not take effect until the restriction, the regulatory agreement and the special permit are recorded at the Registry of Deeds and a copy provided to the Planning Board and the Inspector of Buildings.
D.
Deed restrictions. All developments with affordable units shall provide deed restrictions on the units in perpetuity. The deed restriction shall be consistent with riders prepared by DHCD, and shall grant the Town the right of first refusal to purchase any ownership units in the event that a qualified purchaser cannot be located. In addition, no certificate of occupancy permit shall be granted for any development containing affordable units prior to the recording of the deed restriction at the Registry of Deeds.
E.
Local preference. To the maximum extent permitted by law, including the regulations of DHCD, any special permit granted hereunder shall include a condition that a preference for Medfield residents, Town of Medfield employees, employees of Medfield businesses, and families of students attending Medfield schools shall be included as part of the lottery and marketing plan for the affordable units.
F.
Fees. The applicant shall be responsible for all consultant fees, including engineering, architectural, legal, housing consultant and planning fees, incurred by the Planning Board in connection with the application, review of relevant plans and documents, and ensuring that the affordable units are included on the Town's SHI.
G.
Conflict with other Bylaws. The provisions of this Bylaw shall be considered supplemental of existing zoning Bylaws. To the extent that a conflict exists between this Bylaw and others, the more restrictive Bylaw/ordinance, or provisions therein, shall apply.
§ 300-14.17 Accessory dwelling units (ADUs).
[Added 5-5-2025 ATM by Art. 29]
A.
Purpose. The purpose of this § 300-14.17 is to allow for accessory dwelling units (ADUs), as defined under MGL c. 40A, § 1A, to be built as of right in single-family residential Zoning Districts in accordance with Section 3 of the Zoning Act (MGL c. 40A), as amended by Section 8 of Chapter 150 of the Acts of 2024, and the regulations under 760 CMR 71.00: Protected Use Accessory Dwelling Units. This Bylaw provides for by-right ADUs to accomplish the following:
(1)
Increase housing production to address local and regional housing needs across all income levels and at all stages of life.
(2)
Develop small-scale infill housing that fits in the context of zoning districts that allow single-family housing while providing "gentle" or "hidden" density.
(3)
Provide a more moderately priced housing option to serve smaller households, households with lower incomes, seniors, and people with disabilities.
(4)
Enable property owners to age in place, downsize, or earn supplemental income from investing in their properties.
B. ACCESSORY DWELLING UNIT (ADU) DESIGN STANDARDS DWELLING UNIT EOHLC GROSS FLOOR AREA HISTORIC DISTRICT LOCAL ADUs LOT MODULAR DWELLING UNIT PRE-EXISTING NONCONFORMING STRUCTURE PRINCIPAL DWELLING PROTECTED USE ADU SHORT-TERM RENTAL SINGLE-FAMILY RESIDENTIAL DWELLING UNIT SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT TRANSIT STATION(1) (2) (3) (4)
Definitions. For purposes of this § 300-14.17, the following definitions shall apply:
A self-contained housing unit, inclusive of sleeping, cooking, and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable dimensional and parking requirements, that maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the Building and Fire Code for safe egress. ADUs may be detached, attached, or internal to the principal dwelling. General references to ADUs in this by-law include both protected use ADUs and local ADUs.
Clear, measurable and objective provisions of zoning, or general ordinances or Bylaws, which are made applicable to the exterior design of, and use of materials for an ADU when those same design standards apply to the principal dwelling to which the ADU is an accessory.
A single-housing unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. This can include a housing unit within a single-family, duplex, or multi-unit development.
The Executive Office of Housing and Livable Communities.
The sum of the areas of all stories of the building of compliant ceiling height pursuant to the Building Code, including basements, lofts, and intermediate floored tiers, measured from the interior faces of exterior walls or from the center line of walls separating buildings or dwelling units but excluding crawl spaces, garage parking areas, attics, enclosed porches, and similar spaces. Where there are multiple principal dwellings on the lot, the GFA of the largest principal dwelling shall be used for determining the maximum size of a protected use ADU.
A district in a municipality established pursuant to MGL c. 40C or other State Law that is characterized by the historic or architectural significance of buildings, structures, and sites, and in which exterior changes to and the construction of buildings and structures are subject to regulations adopted by the municipality pursuant to MGL c. 40C or other state law.
An ADU that is not a protected use ADU but includes rules specific to the Town of Medfield.
An area of land with definite boundaries that is used, or available for use, as the site of a structure, or structures, regardless of whether the site conforms to requirements of zoning.
A pre-designed dwelling unit assembled and equipped with internal plumbing, electrical or similar systems, in compliance with the Building and Fire Code, prior to movement to the site where such dwelling unit is affixed to a foundation and connected to external utilities; or any portable structure with walls, a floor, and a roof, designed or used as a dwelling unit, transportable in one or more sections and affixed to a foundation and connected to external utilities.
A structure that does not conform to zoning.
A structure, regardless of whether it, or the lot it is situated on, conforms to zoning, including use requirements and dimensional requirements, such as setbacks, bulk, and height, that contains at least one dwelling unit and is, or will be, located on the same lot as a protected use ADU.
An attached, detached or internal ADU that is located, or is proposed to be located, on a lot in a single-family residential zoning district and is not larger in gross floor area than 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is smaller, provided that only one ADU on a lot may qualify as a protected use ADU. An ADU that is nonconforming to zoning shall still qualify as a protected use ADU if it otherwise meets this definition.
An owner-occupied, tenant-occupied, or non-owner-occupied property as defined in MGL c. 64G § 1, including, but not limited to, an apartment, house, cottage, condominium or a furnished accommodation that is not a hotel, motel, lodging house or bed and breakfast establishment, where: (i) at least one room or unit is rented to an occupant or sub-occupant for a period of 31 consecutive days or less; and (ii) all accommodations are reserved in advance; provided, however, that a private owner-occupied property shall be considered a single unit if leased or rented as such.
A structure on a lot containing not more than one dwelling unit.
Any zoning district where single-family residential Dwellings are a permitted or an allowable use, including any zoning district where single-family residential dwellings are allowed as of right, or by special permit through the Zoning Board of Appeals.
A subway station, commuter rail station, ferry terminal, or bus station.
A bus station includes any location serving as a point of embarkation for any bus operated by a transit authority.
A subway station includes any of the stops along the Massachusetts Bay Transportation Authority Red Line, Green Line, Orange Line, Silver Line, or Blue Line, including any extensions or additions to such lines.
A commuter rail station includes any commuter rail station operated by a transit authority with year-round service with trains departing at regular time intervals, rather than intermittent, seasonal, or event-based service.
A ferry terminal includes any location where passengers embark and disembark from a ferry service with year-round service with ferries departing at regular time intervals, rather than intermittent, seasonal, or event-based service.
C.
General Provisions for All ADUs.
(1)
By-Right allowance. One protected use ADU may be established as of right on a lot in a single-family residential zoning district, subject to the dimensional and parking requirements below.
(2)
Code Compliance. All ADUs shall maintain a separate entrance sufficient to meet safe egress under the Building Code and Fire Code.
(3)
ADU construction shall comply with 310 CMR 15.000 (Title 5) for wastewater/septic, consistent with a single-family residential dwelling in the district.
(4)
Short-term rentals. ADUs shall not be operated as short-term rentals.
(5)
Owner-Occupancy Not Required. Neither the principal dwelling nor the ADU need be owner-occupied.
(6)
Transfer of ownership. The right to maintain an ADU runs with the land and transfers automatically upon conveyance of the property, so long as the ADU remains in compliance with zoning and building regulations.
D.
Protected use ADUs (By-Right). A protected use ADU is permitted by right if it meets all the following conditions:
(1)
Size limitation. The ADU shall be no larger in gross floor area than (i) 900 square feet or (ii) half of the principal dwelling's gross floor area, whichever is smaller.
(2)
Dimensional standards. For setbacks, bulk, and height, a protected use ADU shall not be subject to stricter dimensional standards than those applying to a single-family residential Dwelling or an accessory structure in the same district.
(3)
Parking. One additional off-street parking space is required for a protected use ADU if the property is located more than 1/2 mile from a transit station.
E.
Local ADUs (Special Permit through the Zoning Board of Appeals). An ADU that is larger than allowed under "protected use ADU" (i.e., exceeding 900 square feet or exceeding half of the principal dwelling's GFA, whichever is smaller) or that fails to satisfy any other by-right requirement above may be approved as a local ADU via special permit from the Zoning Board of Appeals (ZBA).
(1)
Maximum gross floor area. A local ADU may not exceed 1,200 square feet.
(2)
Dimensional requirements. The local ADU shall comply with any local dimensional standards for accessory structures or single-family dwellings in the district.
(3)
Parking. At least one additional off-street parking space is required for a local ADU if the property is located more than 1/2 mile from a transit station.
F.
ADUs on Floodplains or Aquifer protection districts. A protected use or local accessory dwelling unit (ADU) is permitted within a Floodplain District (as regulated by Article 10 of the Zoning Bylaws) or an aquifer protection district (as regulated by Article 16 of the Zoning Bylaws) only by special permit, in accordance with § 300-14.10. This applies to new construction or expansions to the existing building footprint.
G.
Multiple ADUs on one lot. Where a protected use ADU or a local ADU already exists on a lot, no additional ADU(s) are allowed.
H.
Nonconformities.
(1)
Pre-Existing nonconforming structures. A finding under MGL c. 40A, § 6 (that any alteration of a pre-existing nonconformity is not substantially more detrimental) shall be made administratively by the Building Commissioner, without requiring a separate special permit through the Zoning Board of Appeals, for a protected use ADU.
(2)
Increase to nonconformities.
(a)
If the creation or expansion of an ADU creates a new dimensional nonconformity or increases an existing nonconformity beyond what is permissible under this Bylaw, site plan approval through the Planning Board is required.
(b)
If a proposed ADU involves converting a pre-existing, nonconforming, non-residential building to residential use, and it qualifies as a protected use ADU, site plan approval through the Planning Board is needed before issuance of a building permit.
(c)
If a proposed ADU involves converting a pre-existing non-residential building to residential use, and it does not qualify as a protected use ADU, a special permit through the Zoning Board of Appeals is needed before issuance of a building permit. The maximum allowable cap as defined in § 300-14.17E(1) does not apply in case of conversions.
I.
Architectural compatibility. Property owners are encouraged to design newly constructed ADUs so that the exterior materials, roof pitch, window detailing, and other design elements remain consistent with the principal dwelling. For properties in a Historic District, applicants must also comply with local historic preservation guidelines to ensure architectural cohesion.
J.
Administration and enforcement.
(1)
Zoning Enforcement Officer. The Zoning Enforcement Officer shall administer and enforce this Bylaw and shall issue building permits for ADUs when the applicable requirements are met.
(2)
Certificates of occupancy. No ADU shall be occupied until a certificate of occupancy (where required) is issued.
(3)
Dover Analysis (760 CMR 71.03(3)(a)). In processing a protected use ADU application, the Zoning Enforcement Officer shall waive any local zoning requirement deemed unreasonable under 760 CMR 71.03(3)(a).