Unless authorized by the Board of Appeals by special permit.

No such vehicle shall be stored between the principal building and a street line.

It is not located in a front yard.

It conforms to the setback requirements for structures in the Table of Dimensional Regulations in § 6.4, and the yard requirements in § 6.2E.

Home occupation as described in § 5.6.

Family day-care home, large and small. (See Article II for definition.)

Accessory apartment (as described in § 5.7).

Garage for parking noncommercial vehicles, so long as said garage does not exceed 1,000 square feet and one story.

Storage shed or barn not exceeding 500 square feet in area or 25 feet in height.

The products and articles sold are limited to those permitted in § 5.8;

Such stands are set back at least 50 feet from any lot line;

Adequate provision is made for off-street parking on the premises;

Such stands and displays are neatly maintained to the satisfaction of the Building Commissioner.

The products and articles sold are limited to those mentioned for the use category;

Such stands are set back at least 10 feet from any lot line;

The Chief of Police shall certify to the Building Commissioner that adequate provision has been made by the applicant for off-street parking on the premises where the sales will occur and that the activity may occur without substantially interrupting traffic flow on the adjacent street(s); and

Such stands and displays utilized are neatly maintained to the satisfaction of the Building Commissioner.

The floor area devoted to such retail does not exceed 10% of the total gross floor area;

Accessory retail parking, signs and illumination are regulated as for a BN District;

The retail portion of the establishment is closed to the public during periods of change of shift.

Electric vehicle charging station(s) with a Level 1 or 2 charging level shall be permitted in a single-family or multifamily zone designed to serve the occupants of the home and in all other zones.

Electric vehicle charging station(s) with a Level 3 or greater charging level must be installed in a parking lot at a commercial or municipal destination, or located in a vehicle service station. These stations are expected to have intensive use and will be permitted to have multiple "rapid charging stations" to serve expected demand.

Battery exchange stations are permitted in the BN, BH, BL and IL Zoning districts with a special permit from the ZBA. This use is specifically prohibited in all residential zones.

Electric vehicle charging station.

Battery exchange station(s). A special permit from the ZBA is required in all zones. Additional permits may be required based upon the location and size of the proposed station(s).

Parking spaces for electric vehicles must not be located in the most convenient spots because this will encourage use by nonelectric vehicles.

Design should be appropriate to the location and use. Facilities should be able to be readily identified by electric cars users but blend into the surrounding landscape/architecture for compatibility with the character and use of the site.

Where provided, spaces should be standard-size parking stalls but designed in a way that will discourage nonelectric car vehicles from using them.

Number. No minimum number of electric vehicle charging spaces is required, however, No more than 10% of the total number of parking spaces may be designated as electric vehicle charging stations.

Minimum parking requirements. An electric vehicle charging space may count for 1/2 of a space in the calculation for minimum parking spaces that are required pursuant to other provisions of the Zoning Ordinance.

Signage. Each charging station space shall be posted with signage indicating the space is only for electric vehicle charging purposes. Days and hours of operations shall be included if time limits or tow-away provisions are to be enforced by the owner. Information identifying voltage and amperage levels or safety information must be posted.

Accessibility. Where charging station equipment is provided within an adjacent pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, the charging equipment must be located so as to not interfere with accessibility requirements. The site plan of existing parking lot layout and proposed charging stations must be reviewed and approved by the Building Inspector.

Maintenance. Charging station equipment shall be maintained in all respects, including the functioning of the charging equipment. A phone number or other contact information shall be provided on the charging station equipment for reporting when the equipment is not functioning or other problems are encountered.

The purpose of this ordinance is to promote the creation of new large-scale ground-mounted solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources and to provide adequate financial assurance for the eventual decommissioning of such installations.

The provisions set forth in this section shall apply to the construction, operation and/or repair of large-scale ground-mounted solar photovoltaic installations.

This section applies to large-scale ground-mounted solar photovoltaic installations proposed to be constructed after the effective date of this section. This section also pertains to physical modifications that materially alter the type, configuration or size of these installations or related equipment.

Nothing in this section should be construed to prevent the installation of accessory roof-mounted solar photovoltaic installations.

Compliance with laws, ordinances and regulations. The construction and operation of all large-scale solar photovoltaic installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical and communications requirements. All buildings and fixtures forming part of a solar photovoltaic installation shall be constructed in accordance with the State Building Code.

Building permit and building inspection. No large-scale solar photovoltaic installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit.

Fees. The application for a building permit for a large-scale solar photovoltaic installation must be accompanied by the fee required for a building permit.

Site plan review. Ground-mounted large-scale solar photovoltaic installations with 250 kW or larger of rated nameplate capacity shall undergo site plan review by the Community Development Board prior to construction, installation or modification as provided in this section.

Setbacks. The purpose of setbacks is to mitigate adverse impacts on abutting properties. For large-scale ground-mounted solar photovoltaic installations, front, side and rear setbacks shall be as follows:

Appurtenant structures. All appurtenant structures to large-scale ground-mounted solar photovoltaic installations shall be subject to reasonable regulations, including those found in the Zoning Ordinance, concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts.

Lighting. Lighting of solar photovoltaic installations shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full-cut-off fixtures to reduce light pollution.

Signage. Signs on large-scale ground-mounted solar photovoltaic installations shall comply with a municipality's sign ordinance.

Utility connections. Reasonable efforts, as determined by the Community Development Board, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

Emergency services. The large-scale solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic and site plan to the local Fire Chief. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the large-scale ground-mounted solar photovoltaic installation or otherwise prescribed by applicable laws, regulations and ordinances.

Solar photovoltaic installation conditions. The large-scale ground-mounted solar photovoltaic installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and Emergency Medical Services. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s), unless accepted as a public way.

Modifications. All material modifications to a solar photovoltaic installation made after issuance of the required building permit shall require approval by the Community Development Board.

Removal requirements. Any large-scale ground-mounted solar photovoltaic installation that has reached the end of its useful life or has been abandoned consistent with Subsection L(2) below shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Community Development Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Community Development Board. If the owner or operator of the large-scale ground-mounted solar photovoltaic installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the town may enter the property and physically remove the installation.

Financial surety. Proponents of large-scale ground-mounted solar photovoltaic projects shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the town must remove the installation and remediate the landscape, in an amount and form determined to be reasonable by the Community Development Board, but in no event to exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project proponent. Such surety will not be required for municipally or state-owned facilities. The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.

Promote the public health, safety and welfare by encouraging diversity of housing opportunities;

Provide for a full range of housing choices for households of all incomes, ages and sizes in order to meet the goal of preserving municipal character and diversity;

Increase the production of a range of housing units to meet existing and anticipated housing needs;

Provide a mechanism by which residential development can contribute directly to increasing the supply and diversity of housing;

Establish requirements, standards and guidelines, and ensure predictable, fair and cost-effective development review and permitting;

Establish development standards to allow context-sensitive design and creative site planning; and

Enable the City to receive Zoning Incentive Payments and Density Bonus Payments in accordance with MGL c. 40R, 760 CMR 59.06 and additional Chapter 70 aid in accordance with MGL c. 40S arising from the development of housing in the MCSGOD.

Underlying zoning. The MCSGOD is an overlay district superimposed on all underlying zoning districts. Except as limited herein, the underlying zoning shall remain in full force and effect.

Applicability of MCSGOD. In accordance with the provisions of the Enabling Laws, an applicant for a Project located within the MCSGOD may seek Plan Approval in accordance with the requirements of this § 5.22. In such case, notwithstanding anything to the contrary in this Zoning Ordinance, such Plan Approval shall not be subject to any other provisions of this Zoning Ordinance, 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 building permit or dwelling unit limitations. When a building permit is issued for any Project approved in accordance with this § 5.22, the provisions of the underlying district(s) shall no longer be applicable to the land shown on the Site Plan which was submitted pursuant to § 5.22 for such Project. Until such time that the City has demonstrated to DHCD that Certificates of Occupancy have been issued for at least 201 40R units within the MCSGOD, any amendments to other sections of the Zoning Ordinance or to any other municipal ordinances, guidelines, rules and regulations that are referred to in § 5.22 but not contained directly within § 5.22 and to which Projects are subject, shall not apply to the MCSGOD until DHCD has issued a determination in writing that such amendments are consistent with the Enabling Laws and can apply to the MCSGOD. Prior to such demonstration, if any such ordinances, regulations, rules, guidelines or amendments thereto are found by DHCD to be in conflict with the requirements of the Enabling Laws with respect to the allowable As-of-Right residential densities, economic feasibility or any other material provision, DHCD reserves the right to take appropriate action under 760 CMR 59.07(3). This provision applies to all municipal ordinances, guidelines, rules and regulations incorporated by reference, including but not limited to Article VII, §§ 3.2, 3.4, 3.5, 11.17 of the Zoning Ordinance, the Historic District Commission Rules and Regulations, the Searles Tenney Nevins Historic District Design Guidelines, the Methuen Sign Guide, the City's Demolition Delay Ordinance, the PAA Regulations, the MCSGOD Design Guidelines and application materials.

Marketing plan. Prior to granting Plan Approval for housing within the MCSGOD, an Applicant for such approval must submit a narrative document and marketing plan that establishes that the proposed development of housing is appropriate for diverse populations, including households with children, other households, individuals, households including individuals with disabilities, and the elderly. These documents in combination, to be submitted with an application for Plan Approval pursuant to Subsection K, below, shall include details about construction related to the provision, type and specific location, within the Project, of all Affordable Housing units as well as all units that are accessible to the disabled. The marketing plan must be approved by DHCD under the 40R Program prior to the issuance of a building permit for a Project.

Number of affordable housing units. For all Projects, not more than 50% but not less than 20% of the total housing units constructed in a Project shall be Affordable Housing. For all Projects where the Affordable Housing units proposed are Affordable Rental Units, not more than 50% but not less than 25% of the total housing units in any building containing rental units shall be Affordable Housing; provided, however, that not more than 50% but not less than 20% of such units may be affordable where restricted to households earning less than 50% of area median income. For purposes of calculating the number of units of Affordable Housing required within a Project, any fractional unit shall be deemed to constitute a whole unit.

Requirements. Affordable Housing shall comply with the following requirements:

Design and construction. Units of Affordable Housing shall be finished housing units. Units of Affordable Housing shall be equitably integrated and dispersed proportionately throughout the Project of which they are part, including by unit type and, if applicable, by construction phase, and in accordance with an AFHMP approved by the Monitoring Agent and DHCD. Units of Affordable Housing shall be comparable in initial construction, quality and exterior design to other housing units in the Project. The total number of bedrooms in the Affordable Housing shall be at least proportionate to the total number of bedrooms in all the units in the Project of which the Affordable Housing is part.

Affordable Housing restriction. Each unit of Affordable Housing shall be subject to an Affordable Housing Restriction which is recorded with the appropriate Registry of Deeds or District Registry of the Land Court and prior to such recording has been approved by DHCD under the 40R Program. Such Affordable Housing Restriction shall contain the following:

Monitoring agent. A Monitoring Agent, which may be the local housing authority or other qualified housing entity, shall be designated by the PAA as the Monitoring Agent for all Projects in the MCSGOD. In a case where the Monitoring Agent cannot adequately carry out its administrative duties, upon certification of this fact by the PAA or by DHCD, such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the PAA or, in the absence of such timely designation, by an entity designated by the DHCD. In any event, such Monitoring Agent shall ensure the following, both prior to issuance of a building permit for a Project within the MCSGOD, and on a continuing basis thereafter, as the case may be:

Affirmative Fair Housing Marketing and Resident Selection Plan (AFHMP). The AFHMP shall make provision for payment by the Project applicant of reasonable costs to the Monitoring Agent to develop, advertise and maintain the list of Eligible Households and to monitor and enforce compliance with affordability requirements, as set forth in this Subsection D.

Phasing. The PAA, as a condition of any Plan Approval, may require a Project to be phased in order to mitigate any extraordinary adverse Project impacts on nearby properties. For Projects that are approved and developed in phases, the PAA shall assure the required number of Affordable Housing units in the Project. Such assurance may be provided through use of the security devices referenced in MGL c. 41, § 81U, or through the PAA's withholding of certificates of occupancy until proportionality has been achieved. No Density Bonus Payment for the Project will be received by the City until such proportionality has been achieved by the issuance of occupancy permits for the Affordable Housing units in the Project. In no case may a phase contain less than 20% Affordable Housing.

Computation. Prior to the granting of any Plan Approval of a Project, the applicant must demonstrate, to the satisfaction of the Monitoring Agent, 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 City.

No waiver. Notwithstanding anything to the contrary herein, the affordability provisions in this Subsection D shall not be waived without the express written approval of DHCD.

Residential uses. Multifamily Dwellings shall be permitted As-of-Right in the MCSGOD, subject to Plan Approval by the PAA.

Nonresidential uses.

Mixed Use. Mixed-Use development shall be permitted in the MCSGOD, subject to receipt of any zoning relief required for the nonresidential component thereof and the limitations on nonresidential use that can be approved under § 5.22 as outlined below in Subsection F(2).

Artist Live/Work Unit. Artist Live/Work Units shall be permitted As-of-Right in the MCSGOD.

Accessory uses. Uses customarily incidental to the aforesaid allowed uses shall be permitted as accessory uses As-of-Right in the MCSGOD.

Residential. The permissible residential density in the MCSGOD is 30 dwelling units per acre of Developable Land or acre of Substantially Developed Land. For the purposes of § 5.22 only, there are 13.42 acres of Developable Land and 17.69 acres of Substantially Developed Land in the MCSGOD as shown on the map entitled "Developable Land Plan of the District", dated June 6, 2017, and attached hereto as Appendix C. Said map is hereby made a part of § 5.22 of the Zoning Ordinance, and of the City's Official Zoning Map, and is on file in the Office of the City Clerk. The aforesaid residential density shall also be applicable to Artist Live/Work Units.

Nonresidential. Total nonresidential development in the MCSGOD pursuant to this § 5.22 shall be capped at 80,000 square feet of aggregate gross floor area. Notwithstanding such allowance for nonresidential use under § 5.22, nonresidential development permitted under this § 5.22, including the nonresidential portions of any already completed or permitted Mixed-Use Project, may not authorize nonresidential development that, when the development potential of the remaining Developable Land within the District is calculated, would preclude the District as a whole from accommodating at least 201 40R Bonus Units, with such calculation taking into account those 40R Bonus Units completed or under construction as well as any units still developable based on the remaining Developable Land within the MCSGOD.

Mixed Use. For Mixed-Use development, the permissible residential density per Subsection F(1) above shall apply to the Project so that the number of units allowed therein is equal to the number of units that would otherwise be allowed on the parcel if the Project was entirely residential multiplied by the percentage of the land or building area occupied by the residential portion of the Project; provided, however, that ground-floor nonresidential use(s) shall be excluded from the foregoing calculation, such that the permissible residential density shall be unaltered by the inclusion of said nonresidential use(s).

Integration of uses. Subject to the limits on nonresidential use under Subsection F(2), the PAA may require the integration of residential and nonresidential uses as a condition of Plan Approval for a Mixed-Use Project.

Substantially Developed Land. The residential density permitted hereunder shall apply to all of the Substantially Developed Land within the MCSGOD.

Mixed-Use buildings shall include a combination of nonresidential use(s) on the ground floor and residential use on upper floor(s). Nonresidential uses may include neighborhood retail, restaurants, cafes, art galleries, exhibition space, health-care services, community services and/or other permitted uses that promote pedestrian activity while being compatible with residential use.

Subject to the limitations on nonresidential use contained in Subsection F(2) above, all buildings located along the frontage of lots along Broadway, Hampshire, Osgood, Lowell and Pelham Streets shall be Mixed Use, with their main elevation facing the street so as to allow direct public access to ground-floor nonresidential use(s). If more than one building is proposed on a lot as part of a Mixed-Use Project, only the building(s) with direct frontage on and access to one of the aforesaid streets shall be required to include ground-floor nonresidential use(s). Other buildings located in or alongside yards or toward the rear of these lots, and building(s) without direct frontage on or access to said street(s), may be used as Multifamily Dwellings.

Buildings with commercial use(s) on the ground floor shall have at least 40% of the ground-floor facade in transparent windows and storefronts along primary elevations that face the street.

Buildings with commercial use(s) on the ground floor shall have at least 15% of the ground-floor facade in transparent windows and storefronts along secondary elevations that face pedestrian alleys or walkways.

If existing buildings adjacent to a new Project are set back at a distance that exceeds the minimum front-yard setback requirement under this § 5.22, the new building(s) in the Project shall match the front-yard setback of the immediately adjacent existing building(s). If the setbacks of immediately adjacent buildings differ, new building(s) may match one or the other, or an average of the two setbacks.

If the existing sidewalk in front of a Mixed-Use building with commercial use(s) on the ground floor is narrower than eight feet, the building shall be set back from the property line at such a distance that the total width of the sidewalk plus the front yard equals no less than eight feet.

All site planning and building design for new construction and alterations shall comply with all state and federal laws, including, as applicable, the requirements of the American with Disabilities Act (ADA) Standards for Accessible Design and the Rules and Regulations of the Massachusetts Architectural Access Board (AAB).

All new construction, alteration or demolition of an exterior building feature, building or structure that is visible from a public street, way, park or waterway within the Searles Tenney Nevins Historic District or the Spicket Falls National Register District shall be subject to design review and compliance with the corresponding Historic District Commission Rules and Regulations, the Searles Tenney Nevins Historic District Design Guidelines and/or the Methuen Sign Guide, all as in effect on April 11, 2016, unless otherwise expressly approved in writing by DHCD. Notwithstanding the foregoing, the requirements of the Historic District Commission Rules and Regulations and the Searles Tenney Nevins Historic District Guidelines, applicable to exterior and not interior features of structures contained within the District, shall not be applied so as to unduly restrict or unreasonably impair the economic feasibility of development within the MCSGOD of at least 201 40R Bonus Units at the As-of-Right densities permitted hereunder.

Any lot in the MCSGOD that contains one or more existing historic buildings shall preserve, rehabilitate or adaptively reuse such building(s) for Multifamily Dwellings or Mixed-Use development, unless a waiver is granted by the PAA as aforesaid.

Demolition of any building or existing structure within the MCSGOD shall be subject to compliance with the City's Demolition Delay Ordinance as in effect on April 11, 2016, unless otherwise expressly approved in writing by DHCD. See Chapter 25 of the Municipal Code.

All new development, building and site alterations shall comply with the Sign and Illumination Regulations and Floodplain District requirements of the Zoning Ordinance as in effect on April 11, 2016, unless otherwise expressly approved in writing by DHCD. See Article VII and § 11.17, respectively.

The location and design of off-street parking and loading spaces shall comply with the requirements of §  8.2, 8.4 and 8.5 of the Zoning Ordinance as in effect on April 11, 2016.

Design Guidelines. To promote the objectives enumerated therein, the Design Guidelines are incorporated as Appendix B hereto and are applicable to all Projects within the MCSGOD. The Design Guidelines aim to advance compact development, historic preservation, walkable neighborhoods and the protection of natural features in the design or redesign of Project sites, and to emphasize the importance of appropriate building scale, a relationship between historical and contemporary design and the renovation and adaptive reuse of existing buildings in the MCSGOD. The Design Guidelines address site planning, architectural design, parking, accessibility, infrastructure and the natural environment.

Noncompulsory. The Design Guidelines are noncompulsory guidance only; their fulfilment is recommended but not mandatory. Because the Design Guidelines are advisory in nature, noncompliance therewith shall not constitute the basis for the denial of Plan Approval.

Amendments. The PAA may adopt from time to time, by majority vote, amendments to the Design Guidelines. Until such time that the City has issued certificates of occupancy for at least 201 eligible units in the MCSGOD, applications for Plan Approval shall not be subject to such amendments until they have received written approval by DHCD.

Minimum requirements. For any structure that is constructed, enlarged or extended or has a change of use which affects the computation of parking spaces, and for any use of land established, or any existing use changed, parking and loading spaces shall be meet the following requirements:

Computation of spaces. When the computation of required parking or loading spaces results in the requirement of a fractional space, any fraction over 1/2 shall require one space.

Shared parking. The use of shared parking to fulfill parking demands noted above that occur at different times of day may be considered by the PAA. Minimum parking requirements may be reduced at the discretion of the PAA if an applicant can demonstrate that shared spaces will meet parking demands by using accepted methodologies; e.g., the Urban Land Institute's Shared Parking publication, the Institute of Transportation Engineers' Shared Parking Planning Guidelines.

Reduction of parking requirement. The required amount of parking may be reduced at the discretion of the PAA upon a showing that the lesser amount of parking will not cause excessive congestion or endanger public safety, or that the lesser amount of parking will provide positive environmental, historic preservation or other benefits. The PAA may consider:

Location of loading spaces. Any loading spaces required shall in all cases be on the same lot as the use they are intended to serve. In no case shall the required loading spaces be part of the area used to satisfy the parking requirements of this § 5.22.

Pre-application.

Application. An application for Plan Approval shall be submitted to the PAA on the form provided by the PAA. Such form must be approved by and on file with DHCD. An application shall show the proposed buildout of the entire Project, whether the Project will be phased or not.

Required submittals. The application for Plan Approval shall be accompanied by the plans and documents further specified and in such number as is required by the PAA Regulations on file with DHCD. The application shall be submitted together with the application or filing fee, per the PAA Regulations or fee schedule contained or referenced therein.

Filing. An applicant for Plan Approval shall file the application and all required submittals with the City Clerk and shall also file forthwith the requisite number of copies of the application and other required submittals with the PAA, including notice of the date of filing with the City Clerk.

Circulation to other boards. Upon receipt of the application, the PAA shall immediately provide a copy of the application materials to the City Council, Zoning Board of Appeals, Board of Health, Conservation Commission, Fire Department, Police Department, Building Commissioner, Department of Public Works and other municipal officers, agencies or boards designated by the PAA for comment, and any such board, agency or officer shall provide any written comments within 60 days of its receipt of a copy of the plan and application for Plan Approval.

Hearing. The PAA shall hold a public hearing for which notice has been given as provided in MGL c. 40A, § 11. The decision of the PAA shall be made, and a written notice of the decision filed with the City Clerk, within 120 days of the receipt of the application by the City Clerk. The required time limits for such action may be extended by written agreement between the applicant and the PAA, with a copy of such agreement being filed in the office of the City Clerk. Failure of the PAA to take action within said 120 days or extended time, if applicable, shall be deemed to be an approval of the application and Site Plan.

Peer review. In addition to the application or filing fee, the applicant shall be required to pay for reasonable consulting fees to provide peer review of the Plan Approval application, pursuant to MGL c. 40R, § 11. This technical review fee shall be paid at the time of the application, as provided for and in the amount specified by the PAA Regulations or fee schedule contained or referenced therein. Such fee shall be held by the City in a separate account and used only for expenses associated with the review of the application by outside consultants, including, but not limited to, attorneys, engineers, urban designers, housing consultants, planners and others. Any surplus remaining after the completion of such review, including any interest accrued, shall be returned to the applicant.

Waivers. Except where expressly prohibited herein, upon the request of the applicant, the PAA may waive the dimensional and other requirements of this § 5.22 in the interests of design flexibility and overall Project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the MCSGOD, or if it finds that such waiver will allow the Project to achieve the density, affordability, mix of uses and/or physical character allowable hereunder.

Plan review. An application for Plan Approval shall be reviewed for consistency with the purpose and intent of this section, such Site Plan review to be construed as an As-of-Right review and approval process as required by and in accordance with the Enabling Laws.

Plan Approval.

Plan disapproval. A Site Plan may be disapproved only where the PAA finds that:

Form of decision. All decisions of the PAA shall be by a majority vote of the members present and voting. The PAA shall issue to the applicant a copy of its decision containing the name and address of the owner, identifying the land affected and the plans that were the subject of the decision and certifying that a copy of the decision has been filed with the City Clerk and that all plans referred to in the decision are on file with the PAA. If 20 days have elapsed after the decision has been filed in the office of the City Clerk without an appeal having been filed or if such appeal, having been filed, is dismissed or denied, the City Clerk shall so certify on a copy of the decision. A copy of the decision shall be provided to the Building Commissioner. If a plan is approved by reason of the failure of the PAA to timely act, the City Clerk shall make such certification on a copy of the application. A copy of the decision or application bearing such certification shall be recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or recorded with the District Registry of the Land Court and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the applicant.

Minor change. After Plan Approval, 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 or building envelope of the site, the provision of open space, number of housing units or housing need or affordability features. Such minor changes must be submitted to the PAA on red-lined prints of the approved plan, reflecting the proposed change, and on application forms provided by the PAA. The PAA may authorize such changes at any regularly scheduled meeting, without the need to hold a public hearing thereon. The PAA 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 City Clerk. A copy of the decision shall be provided to the Building Commissioner.

Major change. Those changes deemed by the PAA to constitute major changes because of the nature of the changes in relation to the prior approved plan or because such changes cannot be appropriately characterized as minor changes as described above shall be processed by the PAA as new applications for Plan Approval pursuant to this section.