Article IV. Special Regulations.
4.1.0.0. Flood Plain/Wetland Protection Overlay District.
(This section refers to those areas delineated on the Swampscott Flood Plain/Wetlands Protection District Map. See Section 4.2.0.0. for Special Regulations applicable to areas delineated on the Flood Insurance Rate Map (FIRM).)
4.1.1.0. Purpose. The purposes of the Flood Plain/Wetland Protection Overlay District (FPWPOD) are as follows:
4.1.1.1. To provide that lands in the Town of Swampscott subject to seasonal or periodic flooding as described hereinafter shall not be used for residence or other purposes in such a manner as to endanger health or safety.
4.1.1.2. To protect, preserve and maintain the water table and water recharge areas within the town so as to preserve present and potential water supplies for the public health and safety.
4.1.1.3. To assure the continuation of the natural flow pattern of the water courses within the Town of Swampscott in order to provide adequate and safe flood water storage capacity to protect persons and property against the hazards of flood inundation.
4.1.1.4. To protect the Town of Swampscott against the costs which may be incurred through the unsuitable use of wetland.
4.1.1.5. To conserve natural conditions, wildlife, open space and generally the amenities of the Town of Swampscott and otherwise to preserve, protect and promote the health, safety and welfare of the public.
4.1.2.0. Location of District. The FPWPOD shall include all land shown on the Flood Plain/Wetland Protection District Map by contour and/or elevation markings, which were established following an evaluation of the vegetation, the high water mark, and the historical or the projected flood elevations. The Swampscott Flood Plain/Wetland Protection District Map, dated April 1, 1976 and signed by the Town Engineer, and as thereafter amended, is hereby made a part of this By-Law and is on file at the Town Clerk's office.
4.1.2.1. If any land indicated on the map as being in the FPWPOD is proved, by the applicant after public hearing, to be in fact not wetland nor subject to flooding nor unsuitable for the proposed use because of drainage and topographic conditions, and if the use of such land will not be detrimental to the public health, safety and welfare, the Board of Appeals may permit building or other uses of such land.
4.1.3.0. Overlay District. The FPWPOD is an overlay districts superimposed over the underlying districts set forth in this Zoning By-Law. Within a FPWPOD, the requirements of the underlying district continue to apply, subject to the following additional provisions.
4.1.4.0. Permitted Uses. The following uses of low flood damage potential and causing no obstructions to flood flows are encouraged provided they are permitted in the underlying district and they do not require structures, fill or storage materials or equipment:
4.1.4.1. Agricultural uses such as farming, grazing, truck farming, horticulture, etc.
4.1.4.2. Forestry and nursery uses.
4.1.4.3. Outdoor recreational uses including fishing, boating, play areas, foot, bicycle, and/or horse paths, etc.
4.1.4.4. Conservation of water, plants and wildlife.
4.1.4.5. Wildlife management areas.
4.1.4.6. Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on premises.
4.1.4.7. Buildings lawfully existing prior to adoption of these provisions.
4.1.5.0. Emergency Work. Permission to work in the FPWPOD may be granted without the procedures outlined herein if the Board of Health and/or the Conservation Commission certify that an emergency exists. Such permission shall be limited to the work required to alleviate the emergency and shall include a definite time limitation.
4.1.6.0. Prohibited Uses. No building or other structure shall be erected, constructed, enlarged or otherwise created for any residence or other purposes; no filling, dumping, excavation, removal or transfer of gravel, sand, loam, or other material which will restrict or impede water flow or reduce the normal or flood water storage capacity shall be permitted.
4.1.7.0. Uses Available by Special Permit. The following uses are available upon the issuance of special permit by the Board of Appeals.
4.1.7.1. Construction of dams and other water control devices, so as not to diminish the original dimensions.
4.1.7.2. Bridges and like structures permitting passage between lands of the same owner, provided that such bridges and structures shall be constructed, maintained and used at the expense and risk of such owner. The Board of Appeals shall consider the effect of such structures on water storage and impediments to water flow.
4.1.7.3. Driveways and walkways ancillary to permitted or permissive use within overlapped districts where alternative means of access are inappropriate and not reasonably feasible.
4.1.7.4. Structures ancillary to recreational or educational uses, provided that the ground area covered by such structures does not exceed one hundred (100) square feet.
4.1.8.0. Special Permit Application. Applications for a special permit shall be made in accordance with the regulations of the Board of Appeals. The Board shall require conformance with the following standards before issuing a special permit:
4.1.8.1. Any ancillary structures permitted shall be so designed and secured that during flooding the foundation will not be undermined, or the structure will not be floated off, battered off, or swept away.
4.1.8.2. There shall be no danger of pollution to public or on-site water resources.
4.1.8.3. Methods of drainage shall be adequate.
4.1.9.0. Decision. In granting a permit, the Board of Appeals may impose reasonable restrictions based upon or in addition to the considerations listed in Section 4.1.7.0. and may set time limitations on the work to be done. The Board may require that the applicant post a cash deposit or surety bond, in form acceptable to the Town Treasurer, in amount determined by the Board to be sufficient to ensure satisfactory completion of the work in compliance with the permit and any specific restrictions and limitations thereof, or the restoration of any area or unfinished work to its original condition.
4.2.0.0. Coastal Flood Area Overlay District.
(This section refers to those areas delineated on the Flood Insurance Rate Map (FIRM). See Section 4.1.0.0. for Special Regulations applicable to areas delineated on the Swampscott Flood Plain/Wetlands Protection District Map.)
4.2.1.0. Purpose. The purposes of the Coastal Flood Area Overlay District (CFAOD) are to provide for a review of building permit application to ensure that all proposals are consistent with the need to minimize flood damage and to promote design standards toward this goal to achieve the following:
4.2.1.1. Ensure public safety through reducing the threats to life and personal injury;
4.2.1.2. Eliminate new hazards to emergency response officials;
4.2.1.3. Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding;
4.2.1.4. Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions beyond the site of the flooding;
4.2.1.5. Eliminate costs associated with the response and cleanup of flooding conditions; and
4.2.1.6. Reduce damage to public and private property resulting from flooding waters.
4.2.2.0. Definitions. All terms used in Section 4.2.0.0. shall be defined as listed in National Flood Insurance Program Part 1909.1, which is on file with the Town Clerk, Planning Board and Inspector of Buildings and can also be found in 44 CFR 59.1 (Code of Federal Regulations).
4.2.3.0. Location of District. The CFAOD is herein established as an overlay district. The CFAOD includes all special flood hazard areas designated on the Town of Swampscott Flood Insurance Rate Map (FIRM), issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program (NFIP), dated July 2, 1992 as Zone A and V, which indicates the 100-year regulatory floodplain. The exact boundaries of the CFAOD may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Flood Insurance Study booklet. The FIRM and Flood Insurance Study booklet are incorporated herein by reference and are on file with the Town Clerk, Planning Board and Inspector of
Buildings.
4.2.3.1. In order for a property included in the CFAOD to be no longer considered in the floodplain as shown of FIRM and therefore not subject to the requirements of 44 CFR 60.3 and Section 3107.0 of the Massachusetts State Building Code, a property owner must obtain a Letter of Map Amendment (LOMA) or a Letter of Map Revision (LOMR) from FEMA.
4.2.4.0. Floodway and Base Flood Elevation Data.
4.2.4.1. Floodway Data. In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
4.2.4.2. Base Flood Elevation Data. Base flood elevation data is required for subdivision proposals or other developments greater than fifty (50) lots or five (5) acres, whichever is less, within unnumbered A Zones.
4.2.5.0. Overlay District. The CFAOD is an overlay district superimposed over the underlying districts set forth in this Zoning By-Law. Within the CFAOD, the requirements of the underlying district continue to apply, subject to the additional provisions set forth in this section.
4.2.5.1. Reference to Existing Regulations. All development in the CFAOD, including structural and non-structural activities, whether permitted by right or by special permit, must be in compliance with the following state statute(s) and regulations. Any variance from the provisions and requirements of the below-referenced state regulations may only be granted in accordance with the required variance procedures of said regulations:
a. G.L. Chapter 131, § 40;
b. that section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (at the effective date hereof 780 CMR 3107.1 “Flood Resistant Construction”);
c. Wetlands Protection Regulations, Department of Environmental Protection (DEP) (at the effective date hereof 310 CMR 10.00);
d. Inland Wetlands Restriction, DEP (at the effective date hereof 302 CMR 6.00);
e. Coastal Wetlands Restriction, DEP (at the effective date hereof 302 CMR 4.00); and
f. Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (at the effective date hereof 310 CMR 15, Title 5).
4.2.5.2. Other Use Regulations:
a. Within Zones AH and AO on the FIRM, adequate drainage paths around structures on slopes is required to guide floodwaters around and away from proposed structures.
b. In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Swampscott FIRM, encroachments are prohibited in the regulatory floodway which would result in increased flood levels within the community during the occurrence of the base flood discharge.
c. Man-made alteration of sand dunes within Zone V which would increase potential flood damage is prohibited.
d. All new construction within Zone V must be located landward of the reach of mean high tide.
e. All subdivision proposals shall be reviewed to assure that (1) such proposals minimize flood damage; (2) all public utilities and facilities are located and constructed to minimize or eliminate flood damage; and (3) adequate drainage is provided to reduce exposure to flood hazards.
f. Existing contour intervals of site and elevations of existing structures must be included on plan proposal.
g. There shall be established a “routing procedure” which will circulate or transmit one (1) copy of the development plan to the Conservation Commission, Planning Board, Board of Health and Inspector of Buildings for comments which will considered by the appropriate permitting board prior to issuing applicable permits.
4.2.6.0. Permitted Uses - A and V Zones. Building permits for new construction or alteration of structures shall be approved subject to the following:
4.2.6.1. Flood Proofing Regulations A and V Zones: Any new construction or substantial improvement to be undertaken within Zones A and V shall be in accordance with the Massachusetts State Building Code, Section 3107.0.
4.2.6.2. Storm drainage systems shall be designed in accordance with the Massachusetts State Building Code, Section 3107.0.
4.2.6.3. All public utility systems, including power, communications and gas, shall be designed in accordance with the Massachusetts State Building Code, Section 3107.0.
4.2.6.4. No mobile homes shall be placed within the areas designated on the Town’s Flood Insurance Rate Maps (FIRM) as A or V Zones.
4.2.7.0. Special Rules - Zone V.
4.2.7.1. No land within the areas designated as V (Velocity) Zones on the Town’s Flood Insurance Rate Maps (FIRM) shall be developed unless such development is demonstrated by the applicant to be located landward of the reach of the mean high tide, and meets the additional requirements of this Zoning By-Law.
4.2.7.2. Existing uses/structures located on the land below the base flood elevation in coastal high hazard areas (Zone V) shall not be expanded; repairs and alterations not exceeding substantial improvement shall be in accordance with the Massachusetts State Building Code, Section 3107.0.
4.2.7.3. Any man-made alteration of sand dunes within Zone V which might increase the potential for flood damage to existing structures is prohibited.
4.2.7.4. New construction or substantial improvement of structures within Zone V shall have the space below the lowest floor free of obstructions or be constructed with “breakaway walls" intended to collapse under stress without jeopardizing the structural support of the structure so that impact on the structure by abnormally high tides or wind-driven water is minimized. Such temporary enclosed space shall not be used for human habitation.
4.2.7.5. All new construction and substantial improvements within Zone V shall be elevated on adequately anchored pilings or columns, and securely anchored to such pilings or columns so that the lowest portion of all structural members supporting the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level. A registered engineer or architect shall certify that the structure is adequately anchored to withstand velocity waters and hurricane wave wash.
4.2.7.6. The use of fill for structural support for existing structures, new construction, or substantial improvement of structures within Zone V is prohibited.
4.2.8.0. Variation by Special Permit. The Board of Appeals may grant a special permit varying these requirements upon a determination that the variation is the minimum necessary, considering the flood hazard, to afford relief in the case of:
4.2.8.1. New structures to be erected on a lot of one half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the flood elevation, or
4.2.8.2. the restoration or reconstruction of a structure, listed on the National Register or an Official State Inventory of Historic Places.
4.2.8.3. The applicant shall be notified that the issuance of a special permit to locate a structure at an elevation below the based flood elevation will result in increased actuarial rates. Upon the granting of such special permit, the Board of Appeals shall require that:
a. A notice be recorded with the title records of the property at Essex South District Registry of Deeds, stating that the proposed construction will be located in a special flood hazard area. Said notice will also contain a statement of the number of feet below the base flood elevation that the lowest non-flood-proofed floor of the proposed structure shall be located.
b. The Town Clerk maintains a record of all such special permits, including justification for their issuance and the number of special permits issued. The Clerk shall also send an Annual Report to the Flood Insurance Administrator, of the number of special permits granted.
4.2.9.0. Prohibitions. Special permits shall not be issued:
4.2.9.1. For any new construction, substantial improvement, or other development in a designated flood zone, which would result in a significant increase in flood heights within the community during the occurrence of a base flood.
4.2.9.2. Except where the Board of Appeals specifically makes a determination that the special permit issuance will not result in significantly increased flood heights, additional threats to public safety, extraordinary public expense, nuisances, fraud on or victimization of the public, or conflicts with existing local laws or ordinances.
4.2.10.0. Duties of the Inspector of Buildings and Maintenance of Records. The Inspector of Buildings shall maintain for public inspection and furnish upon request for the determination of applicable flood insurance risk premium rates within all areas having special flood hazards identified on a FIRM any certificates of flood proofing and information on the elevation (in relation to mean sea level) of the level of the lowest habitable floor (including basement if habitable) of all new or substantially improved structures, and include whether or not such structures contain a basement, and if the structure has been flood proofed, the elevation (in relation to mean sea level) to which the structure was flood proofed;
4.2.10.1. For the purpose of the determination of applicable flood insurance risk premium rates within the Zone V on a community’s FIRM:
a. obtain the elevation (in relation to mean sea level) of the lowest portion of all structural members supporting the lowest floor of all new or substantially improved structures, and whether or not such structures contain a basement.
b. Obtain, if the structure has been flood proofed, the elevation (in relation to mean sea level) to which the structure was flood proofed.
c. Maintain a record of all such information.
4.2.11.0. Notification of Watercourse Alteration. A property owner shall notify the following, in a riverine situation, of any alteration or relocation of a watercourse: Adjacent communities; NFIP State Coordinator, Massachusetts Office of Water Resources, 100 Cambridge Street, Boston, MA 02202; NFIP Program Specialist, FEMA Region I, Room 462, J.W. McCormack Post Office & Courthouse, Boston, MA 02109.
4.3.0.0. Wireless Communications Services Overlay District.
4.3.1.0. Purpose. The purpose of this section is to establish a district in which wireless communications services may be provided with minimal harm to the public health, safety and general welfare. Specifically, the Wireless Communications Services Overlay District (WCSOD) has been created to:
4.3.1.1. Protect the general public from hazards associated with wireless communications facilities (WCF); and
4.3.1.2. Minimize visual impacts from WCF on residential districts within the Town of Swampscott. This section does not apply to satellite dishes and antennas for residential use, particularly as set forth in Section 2.2.4.8.
4.3.2.0. Location of District. The WCSOD shall include the following parcels:
4.3.2.1.
4.3.3.0. Overlay District. The WCSOD shall be construed as an overlay district with regard to said locations. All requirements of the underlying zoning district shall remain in full force and effect, except as may be specifically superseded herein.
4.3.4.0. Permitted and Prohibited Uses. Uses permitted as of right in the underlying district are allowed in the WCSOD. Uses prohibited in the underlying districts are prohibited in the WCSOD.
4.3.4.0. Uses Available by Special Permit.
4.3.4.1. A new wireless communications facility (WCF), with or without antennas, satellite dishes and other accessory devices, and accessory structures may be erected in a WCSOD upon the issuance of a special permit by the Zoning Board of Appeals pursuant to Section 5.3.0.0. and subject to site plan approval as set forth in Section 5.4.0.0., and subject to all of the conditions set forth in Section 4.3.5.0.
4.3.4.2. Antennas, satellite dishes and other accessory devices, whether located on an existing WCF or on an existing structure (accessory equipment), may be erected in a WCSOD upon the issuance of a special permit by the Zoning Board of Appeals pursuant to Section 5.3.0.0. and subject to site plan approval as set forth in Section 5.4.0.0., subject to all of the conditions set forth in Section 4.3.5.0.
4.3.5.0. Conditions. A WCF or accessory equipment shall meet the following standards to be eligible for a special permit:
4.3.5.1. The only WCFs allowed are free-standing monopoles, with associated accessory equipment and accessory structures. Lattice style towers and similar facilities requiring three or more legs and/or guy wires for support are not allowed. Accessory equipment may be allowed, whether located on a WCF or other structure, by special permit.
4.3.5.2. To the extent feasible, all service providers shall co-locate on a single WCF. WCFs shall be designed to accommodate the maximum number of users technologically practical. The intent of this requirement is to reduce the number of WCFs which will be required to be located within the community. There shall exist no more than twelve (12) antennas, satellite dishes, or other accessory devices on any Town approved WCF, regardless of the number of users on that site.
4.3.5.3. Any proposed extension in the height, addition of accessory equipment, construction of a new WCF, or replacement of a WCF, shall be subject to a new application for an amendment to the Special Permit.
4.3.5.4. New WCFs shall be considered by the Zoning Board of Appeals only upon a finding by the Zoning Board of Appeals that existing or approved WCFs cannot accommodate the accessory equipment planned for the proposed WCF.
4.3.5.5. The site in question shall contain at least forty thousand (40,000) square feet.
4.3.5.6. No WCF or attached accessory equipment shall exceed sixty (60) feet in height as measured from ground level at the base of the WCF. In the event that accessory equipment is affixed to an existing structure, such accessory equipment shall not exceed ten (10) feet in height above the level of the point of its attachment to the structure.
4.3.5.7. All WCFs shall be designed to be constructed at the minimum height necessary to accommodate the anticipated and future use.
4.3.5.8. A WCF shall not be erected nearer to any property line than a distance equal to the vertical height of the WCF (inclusive of any appurtenant accessory equipment).
4.3.5.9. Siting shall be such that the view of the WCF from adjacent abutters, residential neighbors and other areas of Town shall be as limited as possible. All WCFs shall be painted or otherwise colored so they will blend in with the landscape or the structure on which they are located. A different coloring scheme shall be used to blend the WCF with the landscape below and above the tree or building line.
4.3.5.10. WCFs shall be suitably screened from abutters and residential neighborhoods.
4.3.5.11. Fencing may be required to control access to WCFs and accessory equipment and shall be compatible with the scenic character of the Town of Swampscott.
4.3.5.12. Existing on-site vegetation shall be preserved to the maximum extent practicable.
4.3.5.13. There shall be no signs, except for announcement signs, no trespassing signs and a required sign giving a phone number where the owner can be reached on a twenty-four (24) hour basis. All signs shall conform with Section 3.2.0.0., herein.
4.3.5.14. Night lighting of the WCF shall be prohibited unless required by the Federal Aviation Administration. Lighting shall be limited to that needed for emergencies and/or as required FAA.
4.3.5.15. There shall be a minimum of one (1) parking space for each WCF, to be used in connection with the maintenance of the WCF and the site, and not to be used for the permanent storage of vehicles.
4.3.5.16. To the extent technologically feasible, all network interconnections from the WCF shall be via land lines.
4.3.5.17. Applicants proposing to erect WCFs on municipally owned land or structures shall provide evidence of contractual authorization from the Town of Swampscott to conduct wireless communications services on municipally owned property.
4.3.5.18. Traffic associated with the WCF and accessory equipment and structures shall not adversely affect abutting ways.
4.3.5.19. Accessory equipment may be located on structures or may be freestanding.
4.3.5.20. Accessory equipment shall be situated on a structure in such a manner it is screened, preferably not being visible from abutting streets. Free standing dishes or antenna shall be located on the landscape in such a manner so as to minimize visibility from abutting streets and residences and to limit the need to remove existing vegetation. All equipment shall be colored, molded and/or installed to blend into the structure and/or the landscape.
4.3.6.0. Special Permit Application. Applications for a special permit shall be made in accordance with the regulations of the Board of Appeals. In addition to the requirements for site plan review under Section 5.4.0.0., five (5) copies of the following information shall be submitted for an application to be considered complete.
4.3.6.1. A locus plan at a scale of 1" = 200' which shall shows all property lines, the exact location of the proposed WCF or accessory equipment, street, landscape features, residential dwellings and neighborhoods and all buildings within five hundred (500) feet of the WCF or accessory equipment.
4.3.6.2. A color photograph or rendition of the WCF with proposed accessory equipment. For accessory equipment, a color photograph or rendition illustrating the dish or antenna at the proposed location is required. A rendition shall also be prepared illustrating a view of the monopole, dish or antenna from the nearest street or streets.
4.3.6.3. The following information shall be prepared by a professional engineer:
a. a description of the WCF and the technical, economic and other reasons for the proposed location, height and design;
b. confirmation that the WCF complies with all applicable Federal and State standards;
c. a description of the capacity of the WCF including the number and type of panels, antennas and/or transmitter receivers that it can accommodate and the basis for these calculations;
d. if applicable, a written statement that the proposed WCF complies with, or is exempt from applicable regulations administered by the Federal Aviation Administration (FFA), Federal Communications Commission (FCC), Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health; and
e. the applicable review and advertising fees as noted in the application guidelines.
4.3.7.0. Exemptions. The following types of WCF are exempt from Section 4.3.0.0:
4.3.7.1. Amateur radio towers used in accordance with the terms of any amateur radio service license issued by the Federal Communications Commission provided that the tower is not used or licensed for any commercial purpose.
4.3.7.2. Facilities used for the purposes set forth in G.L. c. 40A, § 3.
4.3.8.0. Certification and Removal.
4.3.8.1. Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute and required maintenance shall be filed with the Inspector of Buildings by the Special Permit Holder.
4.3.8.2. All unused WCF or part thereof or accessory equipment or structures which have not been used for one (1) year shall be dismantled and removed at the owner's expense.
4.4.0.0. Regulations Pertaining to Specific Uses.
4.4.1.0. Garages, Service Stations, and Liquor Establishments. No permit shall be issued for the erection or enlargement of a garage or other structure for the storage of more than five (5) motor vehicles (each referred to for the purposes of this Section 4.4.1.0. as a “garage”), nor for a motor vehicle service station, or gasoline filling station, nor for a commercial establishment selling or serving liquor, nor for the conversion of any premises not so used to be used for such purposes, if the principal entrance to the premises used for such purpose, or any use accessory thereto, is situated within a radius of two hundred (200) feet from a lot used or reserved to be used for a park, school, church, or library. No existing garage or
service or filling station shall be deemed to be a nonconforming use through the subsequent erection of any such park, school, church or library.
4.4.2.0. Access to Commercial or Industrial Buildings. No driveway or other means of access for vehicles other than accepted streets shall be maintained or used in the Residence A1, A2, or A3 Districts for the servicing of a commercial or industrial building in the Business B1, B2, B-3 or I Districts.
4.4.3.0. Obstructions to Traffic. On any lot in any district, no wall, fence, or other structure shall be erected or altered, and no hedge, tree, shrub or other growth shall be maintained, which may cause danger to traffic on a street by obscuring the view.
4.4.4.0. Stripping, Excavating or Mining. No person, firm, or corporation shall strip, move, excavate or mine soil, sand or gravel in the Town, for use other than on the premises from which the same shall be taken except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto.
4.5.0.0. Regulations Pertaining to Planned Development Districts (PDD).
4.5.1.0. Purposes. The purposes of this Section 4.5.0.0. are to: (1) provide the opportunity for a variety of housing types at certain locations in the Town at greater densities and with reduced dimensional requirements than would otherwise be allowed; (2) expand the possible uses on the land in the districts; (3) promote the efficient use of land in the districts; (4) provide the opportunity to redevelop the land in the districts to benefit the Town and the public; (5) provide diversity and variety in housing types; and (6) promote design and land planning to achieve aesthetic qualities of the Town.
4.5.1.1. Definition. A planned development is a residential plan for the use and development of a parcel of land, improved or unimproved, which plan conforms to the purposes and provisions of Section 4.5.0.0. and is not subject to Section 2.2.3.0. – Table of Principal Uses and Section 2.3.2.0. – Table of Dimensional Regulations in Appendix A and Illustrations in Appendix B.
4.5.1.2. Location of Districts. The Planned Development Districts are mapped as follows:
Phillips Fire Station PDD, Assessor’s Map 29, Lot 45, 2 Phillips Avenue;
Burrill Senior Center PDD, Assessor’s Map 1, Lot 23, 89 Burrill Street;
Greenwood PDD, Assessor’s Map 19, Lot 87, 71 Greenwood Avenue;
Temple PDD, Assessor’s Map 29, Lots 4 and 3A, 837 Humphrey Street.
4.5.2.0. Permitted Principal and Accessory Uses. Uses permitted in the Planned Development Districts.
4.5.2.1. In the Phillips Fire Station PDD, a single family dwelling and an accessory garage or storage space for private automobiles are allowed as of right.
4.5.2.2. In the Burrill Senior Center PDD, a single, two-family, or three-family dwelling is allowed as of right.
4.5.2.3. In the Greenwood PDD, multi-family dwellings and an accessory garage or storage area, located under the dwellings, for private automobiles are allowed as of right.
4.5.2.4. In the Temple PDD, multi-family dwellings and an accessory garage or storage area, located under the dwellings, for private automobiles are allowed as of right.
4.5.3.0. Dimensional Regulations. The dimensional regulations in the following table apply in the Planned Development Districts.
Table of PDD Dimensional Regulations
|
Phillips Fire |
Burrill Senior |
Greenwood |
Temple |
|
Station PDD |
Center PDD |
PDD |
PDD |
|
|
|
|
|
Minimum Lot |
|
|
|
|
Area (sf: square feet) |
10,442 sf |
9,165 sf |
96,600 sf |
97,567 sf |
|
|
|
|
|
Minimum Lot |
|
|
|
|
Frontage |
120 feet |
79 feet |
250 feet |
392 feet |
|
|
|
|
|
Front Yard Setback |
30 feet |
17 feet |
60 feet |
40 feet |
|
|
|
|
|
Rear Yard Setback |
35 feet |
25 feet |
60 feet |
40 feet (north side) |
|
|
|
|
|
Side Yard Setbacks |
11 feet (west side) |
10 feet |
35 feet |
20 feet (south side) |
|
9 feet (east side) |
|
|
20 feet (east side) |
|
|
|
|
|
Maximum Gross |
|
|
|
|
Floor Area |
Not Applicable |
Not Applicable |
90,000 sf |
70,000 sf |
|
|
|
~ |
|
Open Space Requirement |
Not Applicable |
Not Applicable |
35% |
45% |
|
|
|
|
|
Total Lot Coverage |
25 percent |
25 percent |
None Required |
None Required |
|
|
|
|
|
Maximum |
2 1/2 stories |
2 1/2 stories |
|
|
Height * |
up to 35 feet |
up to 35 feet |
60 feet** |
45 feet |
Phillips Fire Burrill Senior Greenwood Temple
Station PDD Center PDD PDD PDD
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Minimum Parking |
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Spaces per Dwelling Unit |
2 spaces |
2 spaces |
2 spaces |
2 spaces |
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Minimum Parking |
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Space Size |
None Required |
9 ft by 18 ft |
9 ft by 18 ft |
9 ft by 18 ft |
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Minimum Width of Parking Lot |
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Circulation Lanes |
None Required |
None Required |
20 feet |
By-Law |
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Maximum Number of |
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Dwelling Units |
1 |
3 |
41 |
42 |
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Garage or storage space for private automobiles
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20 feet from rear lot line 0 feet from western lot line |
By-Law |
None Required |
None Required |
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Maximum Number of Principal Structures per Lot |
1 |
1 |
2 |
2 |
* Maximum height is measured to the peak of the finished roof.
** Excluding the existing cupola.
*** By-Law means that the provisions of the Swampscott Zoning By-Law other than those applicable to a Planned Development District apply. See Section 4.5.5.0.
4.5.4.0. Parcel Subdivision. No parcel of land in a Planned Development District may be subdivided.
4.5.5.0. Zoning Conformance. Unless specifically provided in Section 4.5.0.0., all other provisions of the Swampscott Zoning By-Law apply to uses and structures in a Planned Development District, including, but not limited to, Site Plan Review.
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