2800. PLANNED
NEIGHBORHOOD DEVELOPMENT (PND) OVERLAY DISTRICT
2810. Purpose. The purpose of this Section 2800 is to
authorize and encourage planned neighborhood developments that promote a broad
range of housing types and limited small retail/office uses, all centered around areas of usable public open space. Traditional neighborhood developments should
incorporate pedestrian, bike, and transit-friendly design. Traditional neighborhood developments should
include conditions and safeguards to prevent detrimental effects and impacts
upon neighboring land uses and upon the Town of
The PND overlay
district further serves as a receiving area for development rights transferred
under Section 2700, Transfer of Development Rights.
2820. Applicability. The PND is an overlay district superimposed
over the underlying zoning district(s).
The boundaries of the PND are defined as the area designated “PND” shown
on the Zoning Map. The PND district only comes into effect for
developments that utilize transfer of development rights (TDR) as described in
Section 2700. The enhanced density, dimensional, and use regulations contained in
this section shall only apply to
developments that utilize TDRs.
Furthermore, there must be a minimum of 50 TDR units transferred
into the PND per planned neighborhood development for the enhanced density, dimensional, and use regulations of the PND to
take effect. Developments that do not
utilize TDRs or do not meet the 50 TDR requirement are
limited to the density, dimensional, and use regulations of the underlying
zoning district(s).
2821. Each
planned neighborhood development must contain at least Sixty (60) acres.
2830. Use Regulations. All principle and accessory uses that are allowed
in the Village district, either by right or special permit, shall be allowed in
the PND, subject to the following restrictions:
a) All
commercial uses (i.e. retail, office, banks, restaurants, etc.) shall have less
than 8,000 sq. ft. of gross floor area per establishment.
b)
All commercial uses should be two stories and
include flexible floor space on the second story to allow for office or
residential uses.
In addition, the
following uses shall also be allowed in the PND:
Multi-family dwellings may take the form of
apartments and/or townhouses; townhouse dwellings may contain up to six (6)
dwelling units per building,
apartments dwellings may contain up to ten (10) dwelling units
per building.
Mixed-use buildings may include residential
uses accessory to non-residential uses.
Other uses include convalescent or nursing
home, or assisted elderly housing, health/membership club, intermodal
passenger terminal, small (neighborhood) office and /or small (neighborhood)
retail.
All PND uses are
subject to the dimensional regulations and design standards/requirements of
this Section.
2831. Prohibited Uses. All principle and accessory uses prohibited
in the Village district shall be prohibited in the PND. In
addition, drive-in/through facilities shall be prohibited in the PND.
2832. Use mix.
Each planned neighborhood development must contain a least three (3)
different land uses. For the purposes of
this subsection, single-family residential is considered a different land use
than multi-family residential, retail is considered a
different land use than office, etc.
Public open space/park is required in all planned neighborhood
developments and does not count toward the three required land uses. The maximum percentage of land area allowed
per land use category within a planned neighborhood development phase shall be
as follows:
Use Category Maximum
percentage of a PND
phase, in acres__________________
Single-family residential 45%
residential
in mixed-use buildings
Community uses (religious, 10%
education, municipal)
Commercial uses (retail, office, 10%
bank,
restaurant, etc.)
2833. The above use regulations apply only to
developments that utilize TDRs and meet the 50 TDR requirement. Developments that do not utilize TDRs or do not meet the 50 TDR requirement
are limited to the use regulations of the underlying zoning district(s).
2840. Density and Dimensional Regulations. Developments that do not utilize TDRs or do not meet the 50 TDR requirement
are limited to the dimensional regulations of the underlying zoning
district(s). Developments that utilize
TDRs and meet the 50 TDR requirement shall conform to
the following dimensional requirements:
Minimum Area (1) 7,000 sq. ft.
Minimum Frontage 65 feet
Minimum Depth 75 feet
Minimum Front Setback (2) 10 feet
Maximum Front Setback 20 feet
Minimum Side Setback (2) 10 feet
Minimum Rear Setback (2) 15 feet
Maximum %
Maximum Height
1-family or 2-family residential Two and a half (2.5) stories or 35 feet
Multi-family
residential Three
(3) stories or 40 feet
Non-residential or mixed-use buildings Three (3) stories
or 40 feet
(1) For multi-unit residential dwellings,
add 2,000 sq. ft. to the minimum lot requirement for each additional unit in addition to the first unit (ex. 2 units
requires 9,000 sq .ft., 3 units 11,000 sq. ft., etc.). Mixed-use
buildings containing residential and non-residential uses are exempted from this requirement.
(2) Parking and loading spaces shall not be
allowed in the setbacks.
2841.
Density limitation. The maximum
density of a planned neighborhood development shall be 6 units per net usable
land area (NULA) acre. The NULA calculation
is explained in Section 2863.
2850. Design Standards/Requirements.
Section 2851. Green/Square and other Open
Spaces. At least 20% of the land
area within a PND shall be open space.
Open space shall be permanently protected from future development via a
deed restriction or donation to the Town of
a. Each PND
phase shall include at least one neighborhood green/square. Neighborhood greens shall be used solely for
active and/or passive recreation purposes and shall be open to the public. Each neighborhood green shall be at least one
(1) acre in area. The neighborhood green
shall be designed as a pedestrian friendly park, and shall contain some
combination of benches, tables, playground equipment, sidewalks, lighting and
landscaping. The neighborhood green shall be easily accessible to pedestrians and shall be properly
maintained. The green/square should be
surrounded by buildings with complementary ground floor uses such as
restaurants and cafes (preferably with seasonal outdoor seating), and other
businesses that operate in both daytime and evening hours, to create a festive,
welcoming, well-populated attraction for pedestrians.
b. Additional
open spaces as needed to meet to the 20% open space requirement or the
active/passive recreation requirement should be sited throughout the district
to serve a variety of purposes, such as commons or greens, walking trails,
bikeways, neighborhood pocket parks, community gardens, civic gathering places,
and passive and/or active recreation. All public land for active/passive recreation shall be
accessible via pedestrian connections and shall be properly maintained. Small-scale “pocket parks,”
and community gardens are encouraged in all residential areas, particularly
adjacent to multi-family dwellings with limited private open space.
c. The total
acreage of all public land for active/passive recreation may be used toward
calculating the allowable density for one of the nearby land uses within that
phase.
2852. Affordable housing. At
least fifteen percent (15%) of
all dwelling units constructed in each phase of a planned mixed-use development
shall meet the State’s affordable housing requirements for low to moderate
income. Fractional units of .5 or
greater should be rounded up to the next whole unit; fractional units less than
.5 shall be rounded down. It is intended that the affordable housing
units that result from this bylaw shall qualify as Local Initiative Program
(LIP) units in compliance with the requirements for the same as specified by
the Department of Housing and Community Development
and that said units count toward the Town's
requirements under M. G. L. c. 40B, sec. 20-23. The
affordable units shall be marketed through the Carver Housing Authority, South
Shore Housing Development Corporation, or other housing organization approved
by the Planning Board. The
affordable units must be marketed fairly and openly in accordance with state
and federal law. All affordable units
shall be initially sold or rented at an affordable price to qualified
affordable housing occupants, and resale
restrictions will assure
continued affordability in perpetuity.
Such restrictions shall be made
known to the homebuyer or renter prior to the purchase / occupancy of
unit.
a. In lieu of providing said affordable units
on-site, the applicant may satisfy the affordable housing requirement by
providing fifteen percent (15%) of the total number of dwelling units as
affordable off-site, through the purchase of vacant or abandoned units, redevelopment
and/or new construction within the town.
b.
Affordable dwelling units shall remain available to persons of
qualifying income levels in perpetuity through the use of an affordable housing
deed restriction as defined in M.G.L. c. 184 Section 31.
c. The purchaser of an affordable housing
unit developed as result of this Bylaw shall agree to execute a deed rider
prepared by the Town, granting, among other things, the Towns right of first
refusal for a period of not less than one hundred eighty (180) days to purchase
the property or assignment thereof, in the event a qualified affordable
purchaser cannot be located, despite diligent efforts to sell the property.
d. All affordable units constructed or rehabilitated
under this bylaw shall be situated within the development
so as not to be in less desirable locations than market-rate units in the development
and shall, on average, be no less accessible to public
amenities, such as open space, as the market-rate units.
1. Affordable units within market rate
developments shall be integrated with the rest of the development
and shall be compatible in design, appearance, construction and quality of
materials with other units.
2.
Where
feasible, affordable housing units shall be provided
coincident to the development
of market-rate units, but in no event shall the development
of affordable units be delayed beyond the schedule noted
below:
Market-Rate Unit % Affordable Housing Units %
Up to 30% At
least 10%
Up to 50% At
least 30%
Up to 75% At
least 50%
75% plus 1 unit At
least 70%
Up to 90% 100%
2853. Parking.
a. On-street
parking is encouraged throughout the PND overlay district. Parking lanes should
be provided on at least one side of the street in predominantly residential
areas and on both sides of the street in predominantly mixed use and
non-residential areas. On-street spaces
along the front property lines of a block shall be designed as either parallel
to or diagonal to the curb and be consistent on both sides of the same side of
the street within the same block.
On-street spaces along the front property line of an individual lot
shall be counted toward the minimum number of parking spaces required for the
use on that lot.
b. Off-street parking as an accessory use shall only be provided
at the sides or the rear of a building.
Surface parking lots and/or private garages may be provided for all
uses. For multi-family, mixed, and non-residential uses, pedestrian connections
shall be provided from all side or rear parking facilities to the front of the
building. Where a parking facility is
located behind and serves multiple adjacent buildings, pedestrian connections
to the street shall be provided between buildings at regular (maximum 400 foot)
intervals.
c.
Required Parking Spaces
1.
Residential: Two (2) spaces per
dwelling unit.
2. Residential in mixed use
buildings residential parking may be reduced to One (1 1/2) and half
spaces.
3.
Non-Residential Uses: Spaces shall be provided as per the requirements
of Section 3300. A 25% reduction in required spaces may be permitted when the developer
provides common parking areas and submits
2854. Pedestrian access.
a. All
new streets shall have paved sidewalks to maintain continuous pedestrian
connections throughout the PND and to/from adjacent public ways. On streets with mixed and non-residential
uses, sidewalks shall be a minimum six (6) feet wide; for residential uses, a
minimum four (4) feet wide. Accessible
curb cuts shall be provided at all intersections and pedestrian crosswalks.
b. Crosswalks are required at all intersections where pedestrian
and vehicular traffic are expected to intersect. Crosswalks may designated by
painted lines or changes in paving materials.
c. Footpaths/bikeways shall be provided throughout the PND to
facilitate pedestrian connections throughout the District, particularly to and
from the Village Square/Green, and to and through public open spaces. Footpaths need not be paved, but shall be
accessible to the public, well lit, and regularly maintained. Paved footpaths may double as bikeways as
long they meet AASHTO Standards.
2855. Building Design
a. The mass, proportion and scale of the building,
roof shape, roof pitch, and proportions and relationships between doors and
windows should be harmonious among themselves.
b. Architectural details of new buildings
and additions, and textures of walls and roof materials, should be harmonious
with the building's
overall architectural style and should preserve and enhance the historic
character of Carver.
c. Front and sides of the building
facades in excess of forty (40) feet shall incorporate recesses and
projections, of a minimum of two (2) feet in depth, to break up the building's
mass.
2856. Other requirements and standards.
a. Public trash receptacles should be
provided throughout the mixed-use area and the Village square/green.
b. Underground Utilities shall be
required.
c. All mechanical,
electrical, communications, and service equipment, including satellite dishes
and vent pipes, shall be located out of public view and situated with the
intent of causing minimal acoustic intrusion on building occupants and adjacent
uses. Visual screening or acoustic buffering may be required, by means of
parapets, walls, fences, dense evergreen foliage, or other suitable means.
d. All other
applicable design regulations of this bylaw, including but not limited to
landscaping, lighting, and signage, shall apply to Planned Mixed-use
Developments. If the design
standards/requirements of this section conflict with another section of the
bylaw, the standards/requirements of this section shall apply.
2860. Procedures. All Planned Neighborhood Developments are
subject to a Special Permit. The Planning
Board is hereby designated as the
Special Permit Granting Authority (SPGA) for a PND special permit.
2861. Pre-application
meeting and preliminary PND concept plan. A pre-application meeting between the
applicant and the Town Planner is strongly encouraged. The purpose of the pre-application meeting is
to identify issues relating to the proposed PND. At this pre-application meeting, applicants
are encouraged to submit a Preliminary PND Concept Plan for review and comments
by the Planning Board. A Preliminary PND
Concept Plan shall consist of a sketch plan showing the layout, lotting, and number of units of all proposed land uses, as
well as the location of all public open space and road networks. The sketch plan should show the proposed PND
is a general or schematic way. The
applicant is further encouraged to submit several alternative sketch plans
where appropriate
2862. Planned Neighborhood Development Plan. Applicants for a Planned Neighborhood
Development shall submit to the Planning Board an application for a special
permit and ten (10) copies of a Planned Neighborhood Development Plan in such
form as may be required in the Planning Board’s Rules and Regulations Governing
Planned Neighborhood Development Special Permits. Applicants shall also submit a Net Usable
Land Area plan as described in Section 2863 and an application for Site Plan
Approval under Section 3100. [Amend
Section 3100 to require Site Plan Approval for Planned Neighborhood
Developments] Applicants shall include a statement indicating the
number and types of dwelling unit, as well as the proposed use and ownership of
all open space. Applicants shall also
submit a mitigation plan for the Planned Neighborhood Development. The mitigation plan should include any needed
or required offsite improvements to roads or other infrastructure.
2863.
2864. The Planning
Board shall follow the procedural requirements for special permits as set forth
in Section 9 of M.G.L. Chapter 40A. After notice and public hearing and after
due consideration of the reports and recommendations of other town boards,
commissions and or departments, the Planning Board may grant such a permit. The
Planning Board shall also impose, in addition to any applicable conditions specified
in this section, such conditions as it finds reasonably appropriate to improve
the site design or mitigate the impacts of the proposed development. Such conditions shall be imposed in writing
and the applicant may be required to post a bond or other surety for compliance
with said conditions in an amount satisfactory to the Planning Board.
2870. Criteria for Review and Approval.
PND special permits may be granted by the Planning Board
upon its written determination that benefits of the proposed planned mixed-use
development or phase thereof outweigh the detrimental impacts of the
development in the PND overlay district and on the town. The SPGA shall review and make all
determinations on the application. In order to approve the SPGA shall also make
a positive finding on each of the following criteria:
a. The resulting development complies with the
currently accepted versions of the Master Plan and the Open Space &
Recreation Plan;
b. The mixed-use design provides a superior
pedestrian friendly neighborhood;
c. The resulting development meets the design
standards/requirements of section XX50
d. The resulting development provides
adequate water and wastewater that meet Title V and Board of Health
requirements;
e. The development will not create a greater
demand on public facilities and services than would have occurred in the
absence of a PND special permit, or such increases have been adequately
mitigated;
f. The Projected traffic generation from
the development onto local roads and intersections is within the capacity of
the existing local and regional road network and adequately adheres to
acceptable principles of access management.
If deemed necessary by the Planning Board, traffic mitigation
improvements may be required to address capacity, safety and access management
issues;
g. The design and layout of streets,
parking and loading of the development is suitable to the property and
surrounding neighborhood, creates a network of interconnecting, pedestrian
oriented streets and is acceptable to the Planning Board.