Promoting a range and balance of land uses;

Facilitating integrated physical design and encouraging interaction among activities;

Establishing controls which will facilitate development while protecting the public interest by limiting the aggregate amount of development;

Permitting flexible development on individual lots;

Promoting site features and layouts conducive to walking and bicycling;

Promoting a pedestrian-friendly living and working environment.

Prior to applying for a building permit for a mixed-use project, the applicant submits the following to the Planning Board, in sequence:

After approval of the Phase I site plan, changes of use and of exterior features that were previously approved by a Phase I site plan and that require Phase II site plan review under § 198-2304.4.4 may not be made unless the applicant submits, and the Planning Board approves, a Phase II site plan review application.

Where special permits other than the MUP master special permit are sought under this Article 23, such special permits may be applied for concurrently with, or at any time after, the application for the MUP master special permit. Any pending special permit application shall be considered concurrently with the master special permit application, the Phase I site plan review application, or the Phase II site plan review application, rather than sequentially, where doing so would promote efficiency and timeliness.

All proceedings of the Planning Board under this Article 23 shall proceed reasonably expeditiously under the circumstances and in light of the Planning Board's responsibilities under this Article 23, and the Planning Board and the applicant should avoid unnecessary delay.

With or prior to the application for the MUP master special permit, the applicant must file a concept plan with the Planning Board for review. The concept plan shall generally define the proposed character, uses, site layout, and public amenities of the proposed mixed-use project. The Planning Board shall determine whether the concept plan substantially conforms with the provisions of this Article 23. The submission shall, at a minimum, include:

The Planning Board shall solicit public comment on the concept plan. Thereafter, the Planning Board shall determine that (i) the concept plan is in substantial conformity with the provisions of this Article 23; or (ii) it would be in substantial conformity if it includes modifications suggested by the Planning Board or agreed upon by the applicant; or (iii) it is not in substantial conformity. If the concept plan is submitted prior to an application for an MUP master special permit, the Planning Board shall advise the applicant of the Planning Board's determination within 90 days following submittal of the concept plan, unless such time period is extended by written agreement of the Planning Board and the applicant. If the Board determines the submitted concept plan is not in substantial conformity with the provisions of this Article 23, it shall provide the reasons for its determination. The determination of the Planning Board on the submitted concept plan shall be advisory in nature and shall be without binding effect on either the Planning Board or the applicant.

Every mixed-use project within the MUOD must obtain an MUP master special permit issued by the Planning Board. The MUP master special permit (a) specifies the mixed-use project's design, architectural character, public amenities, site improvements, traffic improvements, mitigation, specific location of buildings, and categories of uses for buildings; and (b) defines categories of interchangeable uses, for establishments in Size Category B in the § 198-2308.3.1 establishment size chart, that will not require Phase II site plan review under § 198-2304.4.5.

The application for an MUP master special permit shall include, at a minimum, the following submittals:

No MUP master special permit shall be granted unless the mixed-use project is in compliance with the performance standards set forth in § 198-2309.

The MUP master special permit shall govern (a) all future development in a particular mixed-use project; and (b) the uses of all streets within the mixed-use project and all streets that provide access between the mixed-use project and any public way. All construction and associated improvements must be in compliance with the MUP master special permit.

The applicant must supply the Planning Board with sufficient copies of the application for an MUP master special permit, along with all supporting documents and plans, as are necessary to provide to other local boards, agencies, and officials, such as the Conservation Commission, Fire Chief, Police Chief, Board of Health, Building Commissioner, Board of Road Commissioners, Water Commissioners, Wastewater Management District Commission, Finance Committee, Park and Recreation Commission, Select Board, and others as designated in the Planning Board's rules and regulations for the MUOD, for their review and comment.

Following issuance of the MUP master special permit, any application for revisions or amendments to the MUP master special permit shall be submitted in writing to the Planning Board, which shall determine and notify the applicant in writing whether such revisions or amendments are minor or major.

Within a mixed-use project, the uses available are set forth in Table A, "Mixed-Use Overlay District Table of Uses."[1] Table A lists the uses allowed either: (i) with an MUP master special permit, which uses are designated "MSP" in Table A; or (ii) with an MUP master special permit and a separate special permit, which uses are designated "SP" in Table A; or (iii) as of right, which uses are designated "A" in Table A. All other uses within the MUOD are prohibited. In the MUP master special permit, the Planning Board may coordinate applications for site plan review and individual special permits to ensure an orderly development process. Once an MUP master special permit has been issued, all uses designated "MSP" in Table A shall be allowed, and all uses designated "SP" on Table A shall be allowed subject to issuance of the requisite special permit under § 2304.4.2.1.

Special permits.

Changes of use in the Size Category A establishment.

Phase I site plan review.

Phase II site plan review.

The mixed-use project must comply with the uses table, the dimensional requirements, and the § 198-2309 performance standards. The Planning Board may not reduce the allowed gross floor area, number of residential units, or bedroom counts below the limits permitted in § 198-2308.2; impose more restrictive dimensional requirements than those set forth in § 198-2308 and Table B; or disapprove project elements meeting performance standards under § 198-2309.

The MUP master special permit shall be granted by the Planning Board only upon the Board's written determination that the adverse effects of the proposed mixed-use project will not outweigh its beneficial impacts to the Town or the neighborhood, in view of the particular characteristics of the site.

A phasing schedule for construction of each component part of the project which ensures integration of residential, nonresidential, and municipal uses.

A demolition and construction schedule, including a construction traffic management plan.

Hours of operation, delivery times, and lighting schedule.

A requirement that special permits and site plans be recorded in the Middlesex South Registry of Deeds and, if registered land, in the Land Court, prior to the issuance of any building permits.

Compliance with plans approved in the MUP master special permit and with all applicable federal, state, and local laws, rules, regulations, and bylaws;

If circumstances so warrant, a requirement to continue monitoring off-site impacts to traffic and the environment in appropriate locations with regard to the locus of the MUOD development; and

The right of the Planning Board, or its designated representative, to make inspections during the construction process.

Restrictions on use of the streets within the mixed-use project and all streets that allow access between the mixed-use project and any public way.

Minimum total area. All land within the MUOD must be located entirely within the Town of Wayland.

Maximum building height. Height shall be as defined in § 198-701.1.2, except that penthouses shall refer only to mechanical penthouses and that none of the items referred to in that section are used for occupancy purposes. Height shall be measured in accordance with the provisions of § 198-104.2.

Maximum building size. No building shall exceed 60,000 square feet of gross floor area.

Maximum bulk for freestanding child-care facilities. No building used as a freestanding child-care facility shall have a building footprint exceeding 2,500 square feet.

The nonresidential component of any mixed-use project, exclusive of municipal uses and any uses related to a wastewater treatment facility, shall be limited to 177,000 square feet of gross floor area. Not more than 156,750 square feet of such gross floor area shall be dedicated to retail uses. Not more than 22,000 square feet of such gross floor area shall be dedicated to office uses, except that such 22,000 square foot limitation shall not apply to gross floor area devoted to uses within the category of "banks and financial institutions" in Table A: Mixed-Use Overlay District Table of Uses.[1]

The residential component of any mixed-use project shall be limited to 155,500 square feet of gross floor area. There shall be no more than 100 dwelling units, and there shall be no more than 200 bedrooms. Not more than 15 dwelling units within any mixed-use project shall be three-bedroom units. No unit shall have more than three bedrooms.

To ensure a mix of larger and smaller establishments devoted to retail, service, assembly or restaurant use, and without limiting the size or configuration of buildings, the size and number of individual establishments in the MUOD taken as a whole shall not exceed the following aggregate limits:

In the mixed-use project, any square footage not used in Size Category A can be allocated to one or more of Categories C, D, and E; any square footage not used in Size Category B can be allocated in one or more of Categories C, D, and E; any square footage not used in Size Category C can be allocated in one or more of Categories D and E; and any square footage not used in Size Category D can be allocated in Category E; all by increasing the maximum number of establishments allowed in a category into which unused square footage has been allocated,

Landscaping within the MUOD shall be designed to promote the establishment, protection and enhancement of the natural landscape; ensure the appropriate use of plant material; preserve natural tree cover; and promote inclusion of new tree planting in order to reduce visual blight, noise and glare, prevent soil erosion, reduce stormwater runoff, increase groundwater discharge, create shade, and reduce solar overheating.

The applicant shall prepare a landscaping plan showing that the mixed-use project will meet these standards and the standards set forth in § 198-606.

Massing within the MUOD should promote buildings designed in a traditional New England style and create a mixed-use project with an authentic, New England regional character to its buildings.

Screening and buffering should create visual barriers between features of the mixed-use project from public streets and abutting properties. Such features shall include dumpsters and trash handling areas, mechanical equipment at ground level or rooftop, service entrances and utility facilities for building operation, loading docks and spaces, aboveground backflow preventers, and other components of the mixed-use project as may be reasonably determined by the Planning Board to require screening and buffering.

Signage must (a) be in keeping with a traditional New England town center; and (b) be integrated into the overall architectural design of the mixed-use project.

The following dimensional standards apply:

For Size Category B, the allowed aggregate area of an establishment's main signs on the primary wall can be up to 90 sq. ft.

For all size categories, the aggregate area of signage will be determined by special permit.

Signs may be illuminated externally, but no sign can be illuminated internally.

The applicant shall prepare signage plans indicating aggregate signage, maximum sign area, and proposed lighting, demonstrating that signs and proposed lighting will comply with § 198-2309.4, § 198-501 (except that the area and height limits specified in § 198-501.1 shall not apply), and the Planning Board's rules and regulations for the MUOD.

By special permit, the Planning Board may allow signage that varies from that which is permitted in §§ 198-501.1 and 198-2309.4, including signage not on the same premises as the building, structure, or use to which the signage pertains (provided the signage is still within the MUOD).

The stormwater management system within the MUOD should provide an adequate system for managing stormwater and should comply with all applicable federal, state and local laws, rules, regulations and bylaws, including the Stormwater Management Policy of the Massachusetts Department of Environmental Protection or any successor agency.

Streets within the MUOD should provide for adequate access for emergency vehicles; accommodate the normal traffic expected in the mixed-use project; provide for safe pedestrian access; and maintain pedestrian flow in, between, and throughout the residential and nonresidential portions of the MUOD,

The streets serving the mixed-use project shall comply with the Planning Board's rules and regulations governing the subdivision of land, except to the extent waived by the Planning Board, and the Planning Board's rules and regulations for the MUOD.

The parking and loading design within the MUOD must provide adequate parking for the mixed-use project, including for any educational, religious, and municipal uses and for any child-care facilities; allow for shared parking as appropriate; create parking fields separated by landscaped areas; create off-street parking areas that minimize curb cuts within the mixed-use project; and create safe and comfortable passageways for pedestrians.

An application for an MUP master special permit must include a parking/loading plan setting forth the number, location, and design (including landscaping and lighting) of parking spaces and loading areas. The application must also include a parking-and-loading study that supports the design of the parking/loading plan. Such study must be prepared by a qualified traffic engineer who is licensed by the Commonwealth of Massachusetts as either a professional traffic or transportation engineer or a professional civil engineer with certification by the Transportation Professional Certification Board as a professional traffic operations engineer, as may be more fully described in the Planning Board's rules and regulations for the MUOD. If such study demonstrates that the interaction of uses will allow for shared parking and thus for a reduction in the otherwise-required minimum number of parking spaces, the Planning Board may, in Phase I or Phase II site plan review, approve such a reduction.

The lighting design within a mixed-use project should accommodate public safety and welfare, and protect the night sky from unnecessary ambient light. Any lighting plan submitted for a mixed-use project shall, at a minimum, include the following:

The applicant must submit a lighting study showing that the mixed-use project will meet these standards and the applicable standards set forth in § 198-606.

The design of the mixed-use project shall promote and ensure public common space within the MUOD. Any MUP master special permit shall provide at least two acres of contiguous upland open space to serve as a public commons, and additional suitable open space throughout the mixed-use project to serve public purposes; provided, however, the Planning Board may approve a smaller open space area where such open space promotes the purposes set forth in this standard. The applicant shall prepare an open space plan indicating the bounds of such open space, and a plan for the ownership, operation and maintenance of the open space.

The mixed-use project must comply with Article 16 of the Town's Zoning Bylaw (the "Aquifer Protection District" bylaw); provided, however, that § 198-1604.1 shall not apply and that for purposes of §§ 198-302.2 and 198-1604.2, no land within the MUOD shall be construed to be a "residential lot."

The Article 16 groundwater recharge requirements shall be inapplicable to the extent necessary (and only for the duration of time specified by the LSP) to comply with an activity-and-use limitation or other restriction imposed on the site by or under the supervision of the licensed site professional of record (LSP) acting pursuant to the provisions of MGL c. 21E or 310 CMR 40.000 et seq., as evidenced by documentation from the LSP of record submitted to the Planning Board.

The Article 16 groundwater recharge requirements shall be inapplicable to the extent inconsistent with (and only for the duration of time specified by the LSP) a response action taken or a response action to be undertaken pursuant to the provisions of MGL c. 21E or 310 CMR 40.000 et seq., with respect to oil or hazardous materials on this site or affecting the site, as evidenced by documentation from the LSP of record submitted to the Planning Board.

Notwithstanding any provision of Article 16 to the contrary, the impervious surface area of a mixed-use project shall not exceed 65% of the upland area of the MUOD.

In lieu of Article 22 of the Town's Zoning Bylaw (the "Inclusion of Affordable Housing" bylaw), the following standards shall apply in the MUOD. At least 12% of the dwelling units shall be affordable units. The term "affordable unit" shall mean a dwelling unit reserved in perpetuity for rental or ownership by a household earning less than 80% of area median family income, and priced to conform with the standards of the Massachusetts Department of Housing and Community Development (DHCD) for rental or ownership units set forth in 760 CMR 45.03(4), as amended from time to time, in order that such affordable units shall be included in the DHCD Subsidized Housing Inventory. Affordable units shall be subject to the following conditions:

Every effort shall be made to design buildings and use materials and construction techniques to optimize daylight in building interiors, natural ventilation, and energy efficiency; to minimize exposure to and consumption of toxics and nonrenewable resources; and to incorporate appropriate "green" design techniques.

To the extent practicable, electric, telephone, cable TV, and other utilities on the site shall be placed underground.