Town of Millbury, MA - Section 27 Adaptive Reuse Overlay

Section 27 Adaptive Reuse Overlay

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Section 27. Adaptive Reuse Overlay District

27.1 Purpose

The purposes of the Adaptive Reuse Overlay District are to encourage adaptive reuse of

abandoned, vacant or underutilized mill buildings; to encourage flexibility in site and

architectural design; and to allow for a mix of new land uses that are appropriate to both

the needs of the community and the scale of surrounding neighborhoods.

27.2 Establishment of Adaptive Reuse Districts

The Adaptive Reuse Overlay District is hereby established and shall be construed as an overlay district. Within the Adaptive Reuse Overlay District, all regulations of the underlying district(s) shall continue to be in full force and effect, except where these regulations supercede such underlying requirements or provide an alternative to such requirements. The boundaries of the Adaptive Reuse Overlay District may be applied to any property containing two (2) or more acres of land, and containing a building of at least 5,000 square feet of gross floor area that was originally constructed before 1940, and originally used for manufacturing or an associated use. The Adaptive Reuse Overlay District shall consist of the following properties (properties are identified by address, assessor’s map – lot number, and parcel size):

Address	Assessor's Map	Assessor's placeLot	Parcel Size (acres)
addressStreet11 Mill St		84		3	4.5
addressStreet127 West Main St		79		29	4.33
addressStreet115 West Main St		70		99	3
addressStreet95 West Main St		70		94	2.28
addressStreetWest Main St		78		7	2.1
addressStreet22 West St		45		2	6.3
addressStreetWest Street		45		213	2.4
addressStreet65 Canal Street		54		90	18.35
addressStreetRiverlin Street		46		101	3.5
addressStreetRiverlin Street		38		63	26
addressStreet4 Lincoln Ave. Ext		46		1	3.2

(By-Laws A.T.M. 6-8-2004, Art. 42, A.T.M. 5-3-2005, Art. 47)

27.3 Master Plan Required

Any proposal for development or redevelopment of property under this section shall

Require the submittal of an Adaptive Reuse Master Plan. The Master Plan shall include the following elements:

1) A narrative and graphic description of existing conditions including, at a minimum:

a) Buildings and their uses.

b) Natural and man-made site features.

c) Utilities

d) Traffic and circulation patterns.

e) Underground features such as tanks and soil conditions.

2) A narrative and graphic description of the proposed development that meets the

requirements set forth in Section 12.44 of this bylaw including, at a minimum:

a) Buildings to be restored, rehabilitated, or constructed.

b) Buildings to be removed.

c) Proposed uses including the density or intensity of the proposed use.

d) Proposed internal and external traffic and circulation patterns.

e) Proposed parking needs, including provisions for shared parking

between uses, if applicable.

f) Proposed utilities including water, sewer, electrical and

communications service, stormwater, and solid waste

containment and disposal.

g) Proposed landscaping and signage features.

3) An analysis of impacts associated with the proposed development, including, at a

minimum:

a) A traffic study showing the impact of the proposed development on

the surrounding area. The traffic study shall include existing and

expected volumes at build-out, the expected directional distribution

of vehicles to and from the site, and existing and expected levels of

service at all intersections located within 3,000 feet of the site.

b) A wetlands and flood analysis showing the disposition of on-site

stormwater and its impacts on properties located downstream of the

site.

c) Impacts upon the delivery of public services, including schools, if

any.

d) Impacts upon historic properties or districts, if any.

e) Potential property taxes and other revenues that may be generated

by the project.

27.4 Review Criteria

The Planning Board shall review and act upon a Master Plan proposal as a special permit,

in accordance with the following criteria:

1) The provisions set forth in Section 14.3 of this bylaw;

2) The relation of the proposed land use (s) to the surrounding area;

3) The capacity of local infrastructure to accommodate the proposed development;

4) The impacts identified in the Master Plan, and the ability of the developer to

mitigate those impacts.

5) The extent to which existing buildings are preserved.

27.5 Permitted Uses

The following uses are permitted by Special Permit from the Planning Board in the

Adaptive Reuse Overlay District. No other use or structures shall be permitted, except as specifically provided herein.

1) Multi-family Dwellings;

2) Business or Professional Offices;

3) Retail Sales and Services, including Florist Shop,

4) Personal Services;

5) Restaurants, except the use of drive-up windows;

6) School or College;

7) Non-profit Club or Lodge;

8) Philanthropic Institutions;

9) Municipal Use;

10) Recreation and open space;

11) Accessory uses; and

12) Uses similar in nature and impact to those listed above, subject to such

determination by the Planning Board; or

13) Any combination of the uses shown above.

(By-Laws A.T.M. 6-8-2004, Art. 42, A.T.M. 5-3-2005, Art. 48)

27.6 placePlaceNameNon-Conforming PlaceTypeBuildings and Structures

Within the Adaptive Reuse Overlay District, no existing building or structure that is

shown on an Adaptive Reuse Master Plan shall be deemed non-conforming. Any

addition to or expansion of an existing building or structure shall meet the height,

bulk, and setback requirements of the underlying zone, except that the increased buffer

provisions set forth in sections 24.3 and 25.3 shall not apply. The Planning Board shall

waive setback requirements upon a showing that such waiver is necessary to comply with

applicable building codes for health or safety purposes, or to comply with the requirements of the Massachusetts Architectural Barriers Board.

27.7 Use, Dimensional, and Parking Requirements

1. For reuse or substantial restoration of existing buildings or structures within the

Adaptive Reuse Overlay District, the proposed residential density or non-residential

intensity of proposed uses shall be based upon the demonstrated ability of the site to

accommodate such density or intensity of use. The applicant shall demonstrate that the

proposed off-street parking associated with the development is sufficient to accommodate

the proposed uses. Parking area design shall comply with the provisions set forth in

Section 33.3 of this bylaw.

2. For all new buildings and structures, the parking and loading requirements set forth in

Section 33 of this bylaw shall apply:

3. For all new buildings and structures, the dimensional requirements of the underlying

zoning district shall apply. For all new buildings and structures, the following use

densities or intensities shall apply:

a) Multi-family dwellings: four (4) dwelling units per acre.

b) All other permitted uses: no building or structure shall be larger than the

largest existing building on site, and the total lot coverage shall not exceed

fifty (50%) percent.

4. The Planning Board may waive or modify dimensional requirements if it finds that

such waiver or modification would result in a superior design that would result in an

improvement or benefit to the site or its surrounding area.

5. Affordable Dwelling Units: For a period not less than thirty (30) years, a minimum of ten (10%) of the total number of dwelling units shall be restricted to persons qualifying as low or moderate income in accordance with the Massachusetts Department of Housing and Community Development definitions of low and moderate income. The following additional criteria shall apply:

a) Affordable units shall be integrated into the overall development so as to prevent the physical segregation of such units.

b) Town Counsel shall approve the use restriction or re-sale controls as to form. The restriction or re-sale controls shall adequately specify material provisions for affordability, monitoring and enforcement. A right of first refusal upon the transfer of such restricted units shall be granted to the Millbury Housing Partnership for a period not less than one hundred-twenty (120) days after notice thereof.

c) If no federal or state subsidy is used to fund the creation of the affordable units, the Planning Board may require the applicant to submit an application to the Local Initiatives Program so that the units can be added to the Chapter 40B Subsidized Housing Inventory maintained by the Massachusetts Department of Housing and Community Development (DHCD).

(Bylaws 6-8-2004 A.T.M. Art. 42, 5-3-2005 A.T.M. Art. 49)