Melrose City Zoning Code

ARTICLE VIII

Special Development Regulations

§ 235-8.1 Multifamily residential use in nonresidentially zoned areas.

General. Multifamily residential use may be authorized by special permit in the BA-1, BA-2 and BB-1 Districts if the Planning Board determines, in addition to the general special permit findings set forth in § 235-3.2E, that such use would serve the public good, would not adversely affect the business uses in the neighborhood or the district, and would not be incompatible with existing non-residential uses in the neighborhood. The Planning Board may require the preservation of open space through placing of parking within or under the building, the preservation of open space in its natural state, insofar as practicable, the minimizing of tree and soil removal and the maintenance of change of grade in keeping with the general appearance of neighboring developed areas or, in areas where changes are required, the provision of landscaping of parking areas and of the site.

Dimensional and density regulations. The following dimensional increases may be allowed pursuant to the grant of a special permit under this § 235-3.2.E. Except as otherwise set forth below, all other provisions of this chapter shall apply.

BB-1 District:

Lots under 20,000 square feet: not applicable.

Lots 20,000 to 30,000 square feet: Article VI, Dimensional and Density Regulations, for UR-C Districts shall apply, with the exception of minimum lot area per dwelling unit and maximum stories, which shall be as determined by the Planning Board, but not exceeding a floor area ratio of 1.5 and further not exceeding a height of 62 feet.

Lots over 30,000 square feet: Article VI, Dimensional and Density Regulations, for UR-C Districts shall apply, with the exception of minimum lot area per dwelling unit and maximum stories, which shall be as determined by the Planning Board, but not exceeding a floor area ratio of 1.75 and further not exceeding a height of 62 feet.

BA-1 District and BA-2 District:

Lots under 20,000 square feet: not applicable.

Lots 20,000 to 50,000 square feet: Article VI, Dimensional and Density Regulations, for UR-C Districts shall apply, with the exception of minimum lot area per dwelling unit and maximum stories, which shall be as determined by the Planning Board, but not exceeding a floor area ratio of 2.0 and further not exceeding a height of 62 feet.

Lots over 50,000 square feet: Article VI, Dimensional and Density Regulations, for UR-C Districts shall apply, with the exception of minimum lot area per dwelling unit and maximum stories, which shall be as determined by the Planning Board, but not exceeding a floor area ratio of 3.0 and further not exceeding a height of 62 feet.

§ 235-8.2 Density incentives allowed in BA-1 and BA-2 Districts.

Purpose. The purpose of this section is to allow for an increase in density in the BA-1 and BA-2 Districts where such density is deemed appropriate for projects that provide community benefits or amenities beyond what is otherwise required in this chapter.

Applicability.

The allowance of the density incentives require a special permit granted by the Planning Board at their discretion for developments in the BA-1 and BA-2 Districts.

The Planning Board, in exercising its discretion relative to the grant of the special permit, shall make the necessary findings as set forth in § 235-3.2E and shall also make a finding that the value of the community benefits and/or amenities offered as part of the development support the granting of the dimensional incentives. Applicants seeking a special permit pursuant to this § 235-8.2 shall be required to submit a financial analysis comparing the value of the community benefits and/or amenities offered in relation to the value of the incentives. To determine the value of the incentives, the applicant shall calculate the cost paid to acquire the additional development space or rights on the open market. The Planning Board may also consider the intrinsic value of community benefits that may not have a financial value. These include but are not limited to social and public health benefits, reduced energy use and greenhouse gas emissions, and meeting other goals in the City's Master Plan.

Incentives.

The following modifications to the dimensional and density requirements in the zoning district may be permitted:

Building height may be increased up to 65 feet and five stories in the BA-2 District.

Floor area ratio may be increased to a maximum of 3.5.

Open space requirement may be satisfied by instead providing areas for roof decks, balconies, green roofs, and/or plazas.

In connection with the approval of any increase in allowable height or FAR, the Planning Board may require that upper floors be stepped back from the facade of the floor below on one or more sides of the building to minimize the appearance of the building from the perspective of pedestrians or in consideration of the heights, massing and uses of surrounding buildings.

Community benefits and/or amenities. Following is a list of benefits and/or amenities that will be considered by the Planning Board as part of an application seeking the development incentives under this § 235-8.2. The list is not intended to be an exhaustive list, and other amenities may be offered which will be considered at the discretion of the Planning Board.

Required:

Contribution to the City's Streetscape Improvement Fund.

Upon receiving a building permit for any residential or commercial space for the project, a contribution to the City's Streetscape Improvement Fund shall be made in the amount of $1,100 per dwelling unit and $1 per gross square foot for all other uses.

Inclusion of green building and sustainable design practices.

The development must include a package of green building and sustainable design practices. Example measures include but are not limited to high-performance building envelopes and insulation, electrification, air or ground source heat pumps, green roofs, solar panels, and electric vehicle charging infrastructure. Certification by a recognized green building program is encouraged and will ensure compliance with this standard.

Additionally, other options to be provided individually or in combination:

Green infrastructure and other stormwater mitigation measures that are either on-site and capture considerable stormwater from surrounding sites or off-site at a location identified by the City of Melrose's Engineering Division as needing additional mitigation measures.

On- or off-site bicycle and pedestrian infrastructure and/or enhanced transportation demand management techniques beyond what is required in the site plan review regulations.

Parking within or under the building.

Increased amount of on- or off-site open space and tree planting above the minimum required that is programmed for public use. Plantings shall be of species native to the region. Open space could be in the form of an active or passive park, restoring or creating new natural areas, paths or nature trails accessible to the public.

Melrose City Zoning Code

ARTICLE VIII

Special Development Regulations

§ 235-8.1 Multifamily residential use in nonresidentially zoned areas.

General. Multifamily residential use may be authorized by special permit in the BA-1, BA-2 and BB-1 Districts if the Planning Board determines, in addition to the general special permit findings set forth in § 235-3.2E, that such use would serve the public good, would not adversely affect the business uses in the neighborhood or the district, and would not be incompatible with existing non-residential uses in the neighborhood. The Planning Board may require the preservation of open space through placing of parking within or under the building, the preservation of open space in its natural state, insofar as practicable, the minimizing of tree and soil removal and the maintenance of change of grade in keeping with the general appearance of neighboring developed areas or, in areas where changes are required, the provision of landscaping of parking areas and of the site.

Dimensional and density regulations. The following dimensional increases may be allowed pursuant to the grant of a special permit under this § 235-3.2.E. Except as otherwise set forth below, all other provisions of this chapter shall apply.

BB-1 District:

Lots under 20,000 square feet: not applicable.

Lots 20,000 to 30,000 square feet: Article VI, Dimensional and Density Regulations, for UR-C Districts shall apply, with the exception of minimum lot area per dwelling unit and maximum stories, which shall be as determined by the Planning Board, but not exceeding a floor area ratio of 1.5 and further not exceeding a height of 62 feet.

Lots over 30,000 square feet: Article VI, Dimensional and Density Regulations, for UR-C Districts shall apply, with the exception of minimum lot area per dwelling unit and maximum stories, which shall be as determined by the Planning Board, but not exceeding a floor area ratio of 1.75 and further not exceeding a height of 62 feet.

BA-1 District and BA-2 District:

Lots under 20,000 square feet: not applicable.

Lots 20,000 to 50,000 square feet: Article VI, Dimensional and Density Regulations, for UR-C Districts shall apply, with the exception of minimum lot area per dwelling unit and maximum stories, which shall be as determined by the Planning Board, but not exceeding a floor area ratio of 2.0 and further not exceeding a height of 62 feet.

Lots over 50,000 square feet: Article VI, Dimensional and Density Regulations, for UR-C Districts shall apply, with the exception of minimum lot area per dwelling unit and maximum stories, which shall be as determined by the Planning Board, but not exceeding a floor area ratio of 3.0 and further not exceeding a height of 62 feet.

§ 235-8.2 Density incentives allowed in BA-1 and BA-2 Districts.

Purpose. The purpose of this section is to allow for an increase in density in the BA-1 and BA-2 Districts where such density is deemed appropriate for projects that provide community benefits or amenities beyond what is otherwise required in this chapter.

Applicability.

The allowance of the density incentives require a special permit granted by the Planning Board at their discretion for developments in the BA-1 and BA-2 Districts.

The Planning Board, in exercising its discretion relative to the grant of the special permit, shall make the necessary findings as set forth in § 235-3.2E and shall also make a finding that the value of the community benefits and/or amenities offered as part of the development support the granting of the dimensional incentives. Applicants seeking a special permit pursuant to this § 235-8.2 shall be required to submit a financial analysis comparing the value of the community benefits and/or amenities offered in relation to the value of the incentives. To determine the value of the incentives, the applicant shall calculate the cost paid to acquire the additional development space or rights on the open market. The Planning Board may also consider the intrinsic value of community benefits that may not have a financial value. These include but are not limited to social and public health benefits, reduced energy use and greenhouse gas emissions, and meeting other goals in the City's Master Plan.

Incentives.

The following modifications to the dimensional and density requirements in the zoning district may be permitted:

Building height may be increased up to 65 feet and five stories in the BA-2 District.

Floor area ratio may be increased to a maximum of 3.5.

Open space requirement may be satisfied by instead providing areas for roof decks, balconies, green roofs, and/or plazas.

In connection with the approval of any increase in allowable height or FAR, the Planning Board may require that upper floors be stepped back from the facade of the floor below on one or more sides of the building to minimize the appearance of the building from the perspective of pedestrians or in consideration of the heights, massing and uses of surrounding buildings.

Community benefits and/or amenities. Following is a list of benefits and/or amenities that will be considered by the Planning Board as part of an application seeking the development incentives under this § 235-8.2. The list is not intended to be an exhaustive list, and other amenities may be offered which will be considered at the discretion of the Planning Board.

Required:

Contribution to the City's Streetscape Improvement Fund.

Upon receiving a building permit for any residential or commercial space for the project, a contribution to the City's Streetscape Improvement Fund shall be made in the amount of $1,100 per dwelling unit and $1 per gross square foot for all other uses.

Inclusion of green building and sustainable design practices.

The development must include a package of green building and sustainable design practices. Example measures include but are not limited to high-performance building envelopes and insulation, electrification, air or ground source heat pumps, green roofs, solar panels, and electric vehicle charging infrastructure. Certification by a recognized green building program is encouraged and will ensure compliance with this standard.

Additionally, other options to be provided individually or in combination:

Green infrastructure and other stormwater mitigation measures that are either on-site and capture considerable stormwater from surrounding sites or off-site at a location identified by the City of Melrose's Engineering Division as needing additional mitigation measures.

On- or off-site bicycle and pedestrian infrastructure and/or enhanced transportation demand management techniques beyond what is required in the site plan review regulations.

Parking within or under the building.

Increased amount of on- or off-site open space and tree planting above the minimum required that is programmed for public use. Plantings shall be of species native to the region. Open space could be in the form of an active or passive park, restoring or creating new natural areas, paths or nature trails accessible to the public.