Wakefield City Zoning Code

Purpose. The purpose of this section is to:

Definitions. See Article XI under "Accessory Dwelling Unit." These definitions are applicable only to § 190-39 and do not have applicability to other Sections of this chapter.

Procedural requirements.

Use and dimensional requirements.

Parking requirements.

Purpose and intent. It is the specific purpose and intent that an art/craft studio, whether attached or detached from the principal building, will be compatible with other permitted uses, particularly in residential neighborhoods.

General requirements.

Activities. All activities conducted in an accessory structure are limited in size by the provisions governing an accessory building type outlined in Article VI.

Public exhibitions. Public exhibitions and their advertisement shall not be permitted except as specifically authorized in the special permit. The number and duration of any such exhibitions shall be specifically stated, shall be for arts/crafts created on the premises, and shall only be permitted upon finding that the residential or other prevailing neighborhood character will not be significantly, negatively affected.

Special permit.

Single-unit to two-unit dwelling in the Single Residence District. A single-unit dwelling in the Single Residence District may be converted, within the existing building's footprint and volume, to a two-unit dwelling, provided that the dwelling contains nine or more rooms, was originally constructed prior to 1935 and is located on a lot of 12,000 square feet or more. A special permit shall be required from the Board of Appeals.

Single- or two-unit dwelling to three- or four-unit dwelling in the GR or Business Districts. A single- or two-unit dwelling in the General Residence District or a Business District may be converted by grant of a special permit from the Board of Appeals within the existing building's footprint and volume, to a three- or four-unit dwelling, provided that:

Purpose. The purpose of this section is as follows:

Definitions. See "Senior Housing Facility" in Article XI.

Applicability. The Zoning Board of Appeals may grant a special permit for a Senior Housing Facility as defined in Article XI. and as set forth in the Table of Use Regulations, subject to the requirements of this section.

Dimensional requirements and design standards. Dimensional requirements and design standards shall be as follows:

Accessory uses. The operator of the Senior Housing Facility may also provide optional services on the site for the convenience of residents, including but not limited to transportation, barber/beauty services, sundries for personal consumption, laundry services and other amenities, provided such uses serve primarily the residents and staff of the Senior Housing Facility and the accessory uses shall be wholly within a residential structure and shall have no exterior advertising display.

Special permit procedure. The procedure for a special permit under this chapter shall be governed by § 190-60.

Purpose. It is the intent of this chapter to encourage the development (in appropriate locations) of attractive, functional multifamily dwellings and mixed use projects that create street-level, sidewalk activity that responds to the social and economic characteristics and needs of the present and future Wakefield. Mixed use developments, including said dwellings in combination with other uses such as retail, outdoor and indoor dining, day care, educational and office uses that attract pedestrian activity and create walkable neighborhoods are desirable.

Special permit granting authority (SPGA). Where housing, whether mid-rise apartments, garden apartments, attached dwellings, or combinations of same are allowed by special permit, as provided in the Table of Use Regulations, the Zoning Board of Appeals shall be the SPGA.

Combination with other uses. Mid-rise apartments, garden apartments, attached dwellings, or combinations of same may be combined with other uses, whether permitted by-right or by special permit within the zoning district, as provided in the Table of Use Regulations, in a single building or group of buildings; however, the Zoning Board of Appeals shall determine whether the proposed combination of uses will or will not be detrimental to the project proposed or to the neighborhood. The Zoning Board of Appeals may deny or condition any special permit to protect the economic health and livability of the street and neighborhood where the proposed project is located.

Minimum lot size and density.

Parking areas and open space for multifamily dwellings.

Summary of dimensional regulations for multifamily dwellings. The minimum dimensional controls for multifamily dwelling shall be as follows (minimum requirements in feet unless otherwise indicated):

Parking and loading. The minimum parking and loading requirements shall be as specified in Article VI of this chapter.

Additional requirements.

Inclusionary requirement. The intent of this Subsection I is to increase the supply of housing in the Town of Wakefield that is permanently available to and affordable by low and moderate income households and to encourage a greater diversity of housing accommodations to meet the needs of families and other Wakefield residents; and developing and maintaining a satisfactory proportion of the Town's housing stock as affordable dwelling units. To that end, the SPGA at the time of the granting of the special permit pursuant to this chapter shall require the applicant to provide affordable dwelling units equal in number to 18% of the total number of dwelling units provided on the sites which is the subject of such application. Affordable dwelling units shall be defined as dwelling units which count toward the Town of Wakefield's Massachusetts General Laws, Chapter 40B Subsidized Housing Inventory as the same may be amended from time to time. When the percentage calculation does not result in a whole number it shall be rounded to the nearest whole number, but not less than one.

Inclusionary submittal requirements. If so required by the SPGA, the applicant shall submit to the SPGA a use restriction or regulatory agreement that establishes an affordability restriction for the maximum period allowed by law for the designated affordable dwelling units. The applicant shall provide, when requested by the SPGA, 1) a copy of the application for a Local Initiative Project or similar program, acceptable to the SPGA, that allows the units be added to the Town's subsidized housing inventory under Massachusetts General Laws, Chapter 40B, as amended from time to time; 2) a complete draft regulatory agreement; and 3) a letter stating the site has been preliminarily approved by the EOHLC or successor agency. This is in order to ensure the long-term affordability of the designated affordable dwelling units. The applicant shall submit proof to the SPGA that the use restriction or regulatory agreement was recorded at the Registry of Deeds prior to obtaining any building permit for the project;

Additional inclusionary requirements.

Multifamily dwelling dimensional control and exclusive use area relief.

Applicability. Applicants for a residential development may choose to seek approval of an open space development (OSD) special permit to be governed by these requirements and conditions set forth in an open space development (OSD) special permit decision granted by the Planning Board acting as the Special Permit Granting Authority (SPGA), provided that the type of open space development that is sought is allowed at the location as set forth in the Table of Use Regulations.

Primary purposes. The primary purposes of this chapter are the following:

Secondary purposes. The secondary purposes of this chapter are the following:

Preapplication for open space development. Applicants for open space development are very strongly encouraged to request a preapplication review at a regular business meeting of the Planning Board. If one is requested, the Planning Board shall invite the Conservation Commission, Board of Health, and any other interested Town agencies or officials to attend. The purpose of a preapplication review is to minimize the applicant's costs of engineering and other technical experts, and to commence dialogue with the Planning Board at the earliest possible stage in the development. At the preapplication review, the applicant may outline the proposed concept plan and an alternative to it, if prepared, seeking preliminary feedback from the Planning Board and its technical experts, and setting a timetable for submittal of a formal application. At the request of the applicant, and at the expense of the applicant, the Planning Board may engage technical experts to review the informal plans of the applicant and to facilitate the applicant's submittal of a formal application for an open space development special permit.

Application. An application for a special permit under this chapter shall include a yield plan and one or two concept plans (see below). The Planning Board shall adopt rules and regulations relative to the size, form, number and contents of those plans.

Yield plan. The basic maximum number of dwelling units to be allowed shall be derived from a yield plan. The yield plan shall show the maximum number of dwelling units that could feasibly be placed upon the site under a subdivision in compliance with the normally applicable use, dimensional, and other requirements, without the provisions of § 190-44L, Reduction in dimensional requirements, or § 190-44M, Open space requirements. The yield plan shall contain the same information as required for a concept plan as set forth below. The proponent shall have the burden of proof with regard to the basic maximum number of dwelling units resulting from the design and engineering specifications shown on the yield plan.

Concept plan. The concept plan shall be prepared by a registered landscape architect or by a multidisciplinary team of which one member must be a registered landscape architect. The concept plan shall address the general features of the land, give approximate configurations of the buildings, lots, open space, and roadways, and shall include the information listed under § 320-9C of the Subdivision Rules and Regulations of the Wakefield Planning Board. In addition, it is strongly recommended that in order to avoid costly later alterations, the concept plan should also indicate wetlands. The concept plan shall have been developed using the design process outlined in § 190-44A above and the design standards outlined in § 190-44N below.

Relationship between the special permit plan and other plan requirements.

General procedures. Procedural matters are set forth below. Check the Planning Board Rules and Regulations for applicable fees and distribution of application materials.

Six-step design process. At the time of the application for an OSD special permit, applicants are required to demonstrate to the Planning Board that the following design process was performed with participation by a registered landscape architect and was considered in determining the layout of proposed streets, dwellings, lots and open space.

Step one: Identifying conservation areas. Identify preservation land by two steps. First, primary conservation areas (such as wetlands, riverfront areas, and floodplains regulated by state or federal law) and secondary conservation areas (including unprotected elements of the natural landscape such as steep slopes, mature woodlands, prime farmland, meadows, wildlife habitats and cultural features such as historic and archeological sites and scenic views) shall be identified and delineated. Second, the potentially developable area shall be identified and delineated. To the maximum extent feasible, the potentially developable area shall consist of land outside identified primary and secondary conservation areas.

Step two: Siting dwellings. Locate the approximate sites of individual dwelling structures within the potentially developable area and include the delineation of private yards and shared amenities, so as to reflect an integrated community, with emphasis on consistency with the Town's historical development patterns. The number of units enjoying the amenities of the development should be maximized.

Step three: Aligning the streets and walks. Align streets in order to access the dwellings. Additionally, new walks or trails should be laid out where appropriate to create internal and external connections to existing or potential future streets, sidewalks, and trails.

Step four: Lot lines. Draw in the lot lines.

Step five: Applicants shall provide building plans, landscape plans showing fences and walls, plantings, and existing and proposed trees, and provide sample building materials and color samples. The Planning Board may request models and renderings, rendered elevations of all buildings and site amenities. At the time final lot lines are proposed, the applicant shall submit draft covenants for drainage maintenance, open space preservation and maintenance, and any other covenants and easements that may be proposed. Subsequently, the applicant may submit a draft Planning Board decision with conditions to implement the project as proposed.

Step six: Prior to cutting trees on the site, blasting, grading, or changing ground elevations and prior to submitting plans for any building/construction permits, including foundations and installation of drainage or utilities, the applicant shall submit all permit plans to the Planning Board for review and approval. Such prior approval by the Planning Board shall be documented on every individual permit plan set submitted to the Inspectional Services Department and Department of Public Works. For verification, the Planning Board shall designate a subcommittee to review and approve plans submitted for permits. Subsequent to obtaining any permits, the Planning Board may, at the applicant's expense, retain a professional third-party monitoring agent to verify the project is constructed as approved.

Reduction of dimensional requirements. Lot area, lot frontage and width, and yard setback requirements of Table 2, Table of Dimensional Regulations (including footnotes 1 through 7) and the provisions of § 190-19 shall not apply to individual lots within a development authorized under an OSD special permit as long as the resulting number of dwelling units within the development does not exceed the basic maximum determined by the yield plan, provided that the Planning Board has approved the proposed dimensional provisions, subject to the following limitations:

Open space requirements. The following open space minimum requirements must be met when filing a basic concept plan as provided under § 190-41H. The applicant may propose and be bound by greater standards. A minimum of 10% of the land contained within the development parcel shall be identified as usable open space land (see Definitions and word usage in Article XI) and a minimum of 15% of the land contained within the development parcel shall be identified as open space land (see Definitions and word usage, Article XI); therefore, a minimum of 25% of the development parcel will be classified as open space. The applicant shall provide a concept plan and subsequent definitive subdivision plan that identifies both the open space land and usable open space land as separate nonbuildable lots. The definitive subdivision plans for the development shall include easements and rights of access to enter and maintain said open space land and usable open space land parcels. The applicant shall prepare and record restrictive covenants or easements enforceable by the Town, a homeowners' association of the development, or a subsequent individual lot-owner within the development. Said restrictive covenants or easements shall:

Generic design standards. The following generic and site specific design standards shall apply to all developments authorized under an OSD special permits and shall govern the development and design process:

Site specific design standards.

Decision of the SPGA. The SPGA may approve or approve with conditions a special permit for an open space development if it determines that the proposal will meet the requirements of this chapter and will result in a well designed development under a basic concept plan, if one has been submitted, or better than would development without reliance upon § 190-41L, Reduction of dimensional requirements, and § 190-41M, Open space requirements, if no basic concept plan has been submitted.

Purpose. The intent of this chapter is to increase the supply of housing in the Town of Wakefield that is permanently available to and affordable by low- and moderate-income households and to encourage a greater diversity of housing accommodations to meet the needs of families and other Wakefield residents, and developing and maintaining a satisfactory proportion of the Town's housing stock as affordable dwelling units.

Affordable requirement. To that end, developments made subject to this chapter by other provisions of this chapter shall assure that at least 18% of the total number of dwelling units in the development (rounded to the nearest whole number) will be affordable, as provided below.

Special permit. The Planning Board shall act as the Special Permit Granting Authority (SPGA). An applicant shall submit an application for a special permit to the SPGA for the use involved a use restriction or regulatory agreement for the designated affordable dwelling units. That agreement shall establish an affordability restriction for the maximum period allowed by law together with the special permit application the applicant shall provide: