Loading...
HomeMy Public PortalAboutTC 1st Reading - Zoning Amendment Packet-TC - four requests_2018_0906 Town of Watertown Department of Community Development and Planning Administration Building 149 Main Street Watertown, MA 02472 (617) 972-6417 FAX (617) 972-6484 To: The Honorable Town Council Michael J. Driscoll, Town Manager From: Steve Magoon, DCDP Director, Assistant Town Manager Date: September 6, 2018 Subject: Proposed Amendments to the Zoning Ordinance There are four proposed amendments to the Zoning Ordinance attached for your consideration. They are as follows: 1. Provisions for Retail Marijuana establishments, staff draft 2. Requirement for LEED Standards for new projects, Council Subcommittee 3. Requirement for Solar installations on new projects, Council Subcommittee 4. Affordable Housing Requirement for Assisted Living Projects, Watertown Housing Partnership I would respectfully request that these amendments be placed on the Honorable Town Council agenda for a first reading and referral to the Planning Board for public hearing. Cc Mark R. Reich, KP Law Planning Board Zoning Board Ed Lewis, Energy and Facilities Project Manager Gideon Schreiber, Senior Planner Andrea Adams, Senior Planner Mike Mena, Zoning Enforcement Officer Town of Watertown Department of Community Development and Planning Administration Building 149 Main Street Watertown, MA 02472 (617) 972-6417 FAX (617) 972-6484 To: Michael J. Driscoll, Town Manager From: Steve Magoon, DCDP Director, Assistant Town Manager Date: September 6, 2018 Subject: Draft Zoning Text Amendment for Retail Adult Use Marijuana As you will recall, the Honorable Town Council adopted a moratorium on Adult Use Marijuana to allow staff sufficient time to develop appropriate regulations for such use here in Watertown. Attached is a draft Zoning Text Amendment which would establish such regulations for Watertown. The regulations are straight forward, in that they follow much of the guidance provided by the Cannabis Control Commission. The proposed amendment also recognizes the spatial separation from schools and establishes certain commercial zones where they would be permitted. Staff is available to answer any questions. Cc Mark R. Reich, KP Law Michael Mena, Zoning Enforcement Officer Proposed Zoning Amendment for Retail Adult Use Marijuana Establishments 9/6/2018 Page 1 of 2 ARTICLE VIII OTHER REGULATIONS 8.00 Regulation of Soil Removal 8.01 Overhanging Shrubs or Evergreens Rights of Way 8.02 Sale of Products on Public 8.03 Yard Sales 8.04 Medical Marijuana Treatment Centers and Retail Adult Use Marijuana Establishments SECTION 8.04 MEDICAL MARIJUANA TREATMENT CENTERS and RETAIL ADULT USE MARIJUANA ESTABLISHMENTS A. No person shall operate or allow the operation of, a Medical Marijuana Treatment Center or an Retail Adult Use Marijuana Establishment, without full compliance with all of the applicable provisions and conditions of 105 CMR 725.100 and 935 CMR 500 Massachusetts General Law, respectively, including definitions, siting, signage, and operations; provided, however, that if there is a conflict between the provisions of this section and the provisions of any other applicable state or local law, the most restrictive law shall govern. Nothing herein, exempts such uses from this or other applicable local regulations, ordinances, and/or policies. B. In addition to the requirements set forth in Subsection 8.04.A. above, no person shall operate or allow the operation of, a Medical Marijuana Treatment Center or an Retail Adult Use Marijuana Establishment until such time as a Special Permit has been duly applied for and granted by the Special Permit Granting Authority (SPGA), which Special Permit confirms full conformance of a proposed Medical Marijuana Treatment Center with with Massachusetts General Law and all of the applicable locational siting requirements of this titleArticle. The application for such Special Permit shall be filed pursuant to the requirements and processes set forth in Article IX of this ordinance. C. Definitions: As used throughout this By-law the following words shall be defined as indicated. Marijuana: shall be as defined under chapters 94C and 94G of the Massachusetts General Laws, 105 Code of Massachusetts Regulations 725.004, and 935 Code of Massachusetts Regulations 500.002. Medical Marijuana: Marijuana that is designated and restricted for use by, and for the benefit of, qualifying patients in the treatment of debilitating medical conditions. Marijuana Establishment: this term shall include licensed marijuana establishments as defined in M.G.L. c. 94G, sec, 1, and other applicable law, which include a marijuana cultivator, craft marijuana cooperative, marijuana product manufacturer, marijuana retailer (store-front or delivery only), marijuana social consumption establishment (primary or mixed use), marijuana transporter (third party or existing licensee}, marijuana micro-business, or any other type of licensed marijuana- related business. Except that a marijuana testing laboratory, shall be defined as such a use permitted as Laboratories engaged in research, experimental and testing activities, including but not limited to the fields of biology, chemistry, electronics, engineering, geology, medicine, and physics, as listed in Table 5.01. Proposed Zoning Amendment for Retail Adult Use Marijuana Establishments 9/6/2018 Page 2 of 2 Medical Marijuana Treatment Center or Registered Marijuana Dispensary: shall mean a not-for-profit entity as defined by Massachusetts law only, registered with and licensed by the Department of Public Health, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal care-givers. SECTION 5.01 TABLE OF USE REGULATIONS As a Principal Use S-6 S-10 CR SC T R.75 R1.2 NB LB CB I-1 I-2 I-3 PSCD OSC RMUD 5. Light Industry, Wholesale, Laboratory k. Medical Marijuana Treatment Center (16) N N N N N N N N N N SP N SP SP SP SP N SP N SP l. Retail Adult Use Marijuana Establishment (16) N N N N N N N N SP SP SP SP SP SP N SP SECTION 5.03 NOTES TO TABLE OF USE REGULATIONS (16) Medical Marijuana Treatment Centers and Retail Adult Use Marijuana Establishments are prohibited from siting of such Centers and/or Establishments within a radius of five hundred feet (500 ft.) both between other like marijuana establishments/treatment centers and/or around pre- existing public or private school providing education in kindergarten or any of grades 1 through 12, consistent with State Law. The distance shall be measured in a straight line from the nearest point of the property line of the proposed use to the nearest point of the property line of the pre- existing establishment, public or private school providing education in kindergarten or any of grades 1 through 12. of a school, daycare center, or any facility in which children commonly congregate; the 500-foot distance under this section to be measured in a straight line from the nearest point of the facility in question to the nearest point of the proposed Center and/or Establishment; and further defining for the purposes of this section a “facility in which children commonly congregate” to include: dance schools, gymnastic schools, public and private K-12 schools, public libraries, facilities that offer tutoring or after school instruction, and commercial establishments that host children's parties; or take any action related thereto. To: Honorable Town Council Michael J. Driscoll, Town Manager From: Steve Magoon, DCDP Director Date: September 6, 2018 Subject: Background on Changes to LEED Requirements: Proposed Text Amendment Attached is a proposed amendment to the Zoning Ordinance that will require LEED silver standard be met for all projects that require site plan review. The Economic Development & Planning Subcommittee tasked the Community Development & Planning staff to address the different requirements in the Zoning Ordinance relative to LEED. At a November 29, 2017 Subcommittee meeting, a copy of the proposed zoning text amendment was distributed to require LEED Silver Certifiability for any project that requires site plan review in a variety of districts. It was noted that this requirement would not apply to one and two family homes. The result would create a more consistent requirement for all projects of similar size in Town, as opposed to the current situation where only projects within one district have this requirement. It was also noted that this will help ensure that new buildings will be more energy efficient and more environmentally sound if developed under this standard. At its meeting on November 29th, the Subcommittee voted (3-0) to amend to the Watertown Zoning Ordinance by changing paragraph 9.03(c)7 to require LEED Silver Ceritifiability, and it was then considered by the full Council, which also recommended its consideration. Proposed Zoning Amendment to require LEED Silver Certifiability 8/21/18 The following language would amend the zoning ordinance to require all new development projects to be LEED silver certifiable within the commercial, mixed-use and industrial zones. The original language required only mixed-use developments to be LEED certifiable at 40 points and required mixed-use developments in the RMUD Zone to be LEED Silver certifiable. SECTION 9.03 SITE PLAN REVIEW OF CERTAIN RESIDENTIAL AND NON-RESIDENTIAL DEVELOPMENTS (c)7. Environmental Sustainability: Proposed developments shall seek to diminish the heat island effect; employ passive solar techniques and design to maximize southern exposures, building materials, and shading; utilize energy-efficient technology and renewable energy resources; and minimize water use. All Mixed Use new Developments requiring Site Plan Review in the NB, LB, CB, I-1, I-2, I- 3, RMUD and PSCD Districts must meet LEED Silver Certifiable requirements as outlined by the United States Green Building Council’s Leadership in Energy and Environmental Design (current edition as applicable) as a minimum. Design documentation shall be provided by the Petitioner to the Town to verify that the project could achieve the minimum number of LEED points to achieve certification. Such documentation may include but not be limited to a project narrative describing how the project design intends to achieve selected LEED credits, and a LEED checklist with criteria (or points) which shows the project will achieve a minimum of 40 50 points. All Mixed Use Developments in the RMUD must meet LEED Certifiable requirements as outlined by the United States Green Building Council’s Leadership in Energy and Environmental Design (current edition as applicable) at the Silver level. To: Honorable Town Council Michael J. Driscoll, Town Manager From: Steve Magoon, DCDP Director Date: September 6, 2018 Subject: Background on New Solar Requirements: Proposed Text Amendment Attached is a proposed amendment that would require solar installations on most large developments in the future. This amendment is the culmination of the work described below. The Economic Development & Planning Subcommittee tasked the Department of Community Development & Planning (DCDP) with reviewing Watertown’s current requirements for certain developments to conduct a solar assessment. The Subcommittee was desirous of having developments not only assess solar systems, but incorporate them into the proposed projects. At a November 29, 2017 Subcommittee meeting there was discussion about legality, and it was KP Law’s opinion that it was within the Town’s authority to amend the Zoning Ordinance to require the installation of solar panels. DCDP did further research and drafted proposed language for discussion purposes, also utilizing the expertise of the Watertown Environment and Energy Efficiency (WEC3) Committee. Staff focused on the following three parameters: 1. It needs to consider the size of projects that it will apply to, perhaps using similar criteria to the recent TDM ordinance, 2. It should not burden homeowners, and should exempt one and two family homes, and 3. It should be required on parking structures. The Subcommittee voted (3-0) to refer the matter to the DCDP and WE3C Committee for refinement, and to then bring a draft back to the Subcommittee for further discussion. At a June 19, 2018 Subcommittee meeting, Mr. Schreiber distributed a proposed Text Amendment to require the installation of solar energy systems for certain projects. Mr. Lewis described citizen input the WEC3 Committee received over the past two years to provide assistance in developing this proposed amendment. He noted there was strong general support. The Subcommittee voted (3-0) to endorse the proposed draft Text Amendment and forward it for consideration to the full Town Council. And the full Town Council has asked for it to proceed to first public hearing. Proposed Zoning Amendment - Solar Energy 9/6/2018 I. Note: Amend Section 9.03(a) to reference a new Section for Solar Energy Systems and its requirements: SECTION 9.03(a) (Third Paragraph) Development in the NB, LB, CB, I-1, I-2, I-3, RMUD, and PSCD Districts greater than or equal to ten thousand (10,000) gross square feet or containing ten (10) or more residential units shall have complete an Solar Energy System Assessment, as required under Section 8.05energy assessment completed to determine the viability of a rooftop photovoltaic system. The Petitioner shall indicate, in writing, what actions/outcomes will be taken with a copy of the assessment, to DCDP. II. The following language would be a new Section under Article VII - Other Regulations 8.05 Solar Energy Systems (a) Definitions: 1. Solar Energy System: A device or structural design feature, a substantial purpose of which is to provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation, or water heating. a. Solar Energy System, Active: A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means. b. Solar Energy Sys tem, Ground-Mounted / Canopy: An Active Solar Energy System that is structurally mounted to the ground and is not roof-mounted. c. Solar Energy System, Roof-Mounted: An Active Solar Energy System that is structurally mounted to the roof of a building or structure. 2. Solar-ready zone: The solar-ready zone area is 50% of the roof area that is either flat or oriented between 110 degrees and 270 degrees of true north, exclusive of mandatory access or set back areas as required by the MA Fire Code. (b) Requirements: Development requiring site plan review approval under section 9.03 in the NB, LB, CB, I-1, I-2, I-3, RMUD, and PSCD Districts greater than or equal to ten thousand (10,000) gross square feet or containing ten (10) or more residential units shall include a solar energy system that utilizes a minimum of 50% of the roof area of all buildings. In cases where a site includes an uncovered parking structure the structure shall also have a solar energy system installed to cover a minimum of 90% of its top level. Proposed Zoning Amendment - Solar Energy 9/6/2018 (c) Solar Energy System Assessment: A solar assessment shall be submitted and the assessment must include, at a minimum: 1. An analysis for solar energy system(s) for the site detailing layout and annual production. 2. Include the maximum feasible solar zone area of all structures and potential ground- mounted canopies. 3. An initial solar energy system assessment shall be submitted with the required application for Site Plan Review under section 9.03 4. A final solar installation plan must be reviewed and approved by the Department of Community Development and Planning, prior to the issuance of a Building Permit (d) Exemptions: A project will not be required to install a solar energy system when there is no solar ready zone, or the solar-ready zone is shaded for more than 50 percent of daylight hours annually, or for building conversions with insufficient structural load capacity. (e) Safety and Locations Guidelines: 1. Emergency Access - Solar energy systems shall be located in such a manner as to ensure emergency access to the roof, provide pathways to specific areas of the roof, provide for smoke ventilation opportunities, and provide emergency egress from the roof, as required by the MA Fire Code, as updated. 2. Safety – No roof-mounted solar energy system shall be located in a manner that would cause the shedding of ice or snow from the roof into a porch, stairwell or pedestrian travel area. III. Proposed language to clarify solar canopy installation by adding the following notes in Section 5.04 – Dimensional Regulations. Coverage: Solar energy systems shall not be included in calculations for building coverage or impervious cover as identified in Section 5.04 – Table of Dimensional Regulations. TOWN OF WATERTOWN HOUSING PARTNERSHIP Administration Building 149 Main Street Watertown, MA 02472 Phone: 617 972 6417 Fax: 617 972 6484 www.watertown-ma.gov To: Honorable Town Council Michael J. Driscoll, Town Manager From: Fred Reynolds, Chair Watertown Housing Partnership Date: August 20, 2018 Subject: Housing Partnership Recommendation on Changes to Inclusionary Zoning: Affordable Assisted Living In July, 2017 the Honorable Town Council modified the Zoning Ordinance to allow Assisted Living in the I-3 Zone by Special Permit with Site Plan Review. As part of the Text Amendment approval process, the Housing Partnership sent a May 4, 2017 letter to the Planning Board, noting that the proposed Text Amendment highlighted the need for more affordable Assisted Living, and the complexities of achieving this goal. The Housing Partnership has conducted its research using various methods. In October 2017, the Partnership met with Elizabeth Valenta, Administrator of the HOME Consortium and a Housing Planner in Newton, to learn how Newton implements Section 5.11.11 of the City’s Zoning Ordinance, which requires that facilities classified as “Elder Housing with Services” provide a 2.5% of the facility’s annual gross revenue to support affordable housing. This meeting indicated that: • The monies allow low and moderate income households to live in the facility. • There are two facilities in Newton with this requirement. • Municipal staff burden to monitor compliance is significant. • Issues have included how to determine that the facilities are contributing 2.5% of gross annual revenue, as they are extremely reluctant to release data on expenses, and when they do, it’s very hard to verify the monetary contribution is, in fact, 2.5% of gross annual revenue. • Because the allocation is 2.5% of annual gross revenue, the number of units given monetary support varies yearly. Memo to Town Council and Manager from Watertown Housing Partnership Inclusionary Zoning – Affordable Assisted Living 7/10/18 Page 2 of 2 Based on this information, the Housing Partnership began to look at a different model, one similar to that of a traditional affordable apartment. In May 2018, the Housing Partnership received feedback from Dan Hassan, President, Grand Senior Living. His firm is the potential operator of a proposed facility at 100 North Beacon Street, which would have Independent and Assisted Living Units. His company has a history of developing such facilities. His opinion was that Independent Living facilities could be treated as “apartments,” as long as there was an acknowledgement that they did come with some services. Mr. Hassan described the experience at Grand Senior Living’s facility in New Hampshire which included onsite affordable Assisted Living units. He said the facility had 54 units, of which 12 were affordable, using a combination of the tenant’s income, and a suite of local, state and Federal subsidies. At the June 2018 Housing Partnership meeting, which was attended by Mr. Hassan and several potential facility developers, the Members came to several conclusions: A. The level of onsite affordable units for Assisted Living facilities needed to be less than that for a traditional apartment, given that the service package and staff cost to provide those services make up the bulk of the facility operator’s cost, B. There is a “sweet spot” below which a facility cannot support affordable onsite Independent or Assisted Living units, and C. The Town should not create an unintended incentive for the cash in lieu payments, or for the “overdevelopment” of any particular single type of housing. Based on this research, the Housing Partnership recommends an Amendment of Section 5.07 of the Watertown Zoning Ordinance that: 1. Creates new definitions for Assisted Living, Independent Living and Dementia Care/Skilled Nursing, 2. Sets up a tiered system of affordable units based on the unit type, 3. Treats Independent Living units as if they were traditional apartments in terms of the onsite unit set aside, 4. Sets up two tiers for Assisted Living facilities based on the number of Assisted Living units, 5. Creates a new cash in lieu contribution for Assisted Living units, and 6. Exempts Dementia Care and Skilled Nursing as defined in the Definitions section from the requirements of 5.07. Attached to this Memo is a draft Text Amendment the Partnership suggests should replace the language in Section 5.07 of the Zoning Ordinance, and in the Ordinance’s Definitions section. Proposed Zoning Amendment - Affordable Housing Independent/Assisted Living 6/20/2018 Page 1 of 8 SECTION 2.00 DEFINITIONS For the purposes of this Zoning Ordinance, words used in the singular include the plural and words used in the plural include the singular. Words used in the present tense include the future. The word “shall” is mandatory and not merely directory. The word “building” includes “structure”. The word “lot” includes the word “plot”. The word “land” includes the words “marsh”, “wetland” and “water”. The following words and phrases (whether capitalized or not) shall have the meanings given in the following clauses, unless a contrary intention clearly appears. SECTION 2.05 ASSISTED LIVING Assisted Living includes several types of housing settings. This includes Independent Living, which is a housing setting for individuals who do not need assistance with activities of daily living such as bathing, dressing, grooming, eating or transferring. Assisted Living, which is a housing setting for individuals who need assistance with activities of daily living such as bathing, dressing, grooming, eating, and transferring, and may include instrumental activities of daily living such as housekeeping, shopping, and transportation. It also includes Independent Living which has units that can function as stand- alone apartments. And it includes Dementia Care and/or Skilled Nursing, which is a housing setting that involves or includes the planning, provision, and evaluation of goal-oriented nursing care that requires specialized knowledge and skills acquired under the established curriculum of a school of nursing approved by a Board of Registration in nursing, and must be provided by a registered nurse, a licensed practical nurse, or a licensed vocational nurse. In each of these types of housing settings, each resident may have their own room or rooms which may include a bathroom, bedroom, living room and kitchen or kitchenette and dining areas. A housing setting for individuals who need assistance with activities of daily living such as bathing, dressing, grooming, eating, and transferring, and may include instrumental activities of daily living such as housekeeping, shopping, transportation. Each resident may have their own room or rooms which may include bathroom, bedroom, living room and kitchen-dining areas. (or as updated, M.G.L. Chapter 19D, Assisted Living) Proposed Zoning Amendment - Affordable Housing Independent/Assisted Living 6/20/2018 Page 2 of 8 SECTION 5.07 AFFORDABLE HOUSING REQUIREMENTS (a) Intent and Purpose The purposes of this Section are to encourage the expansion and improvement of the Town of Watertown’s housing stock; to provide for housing choices for households of all incomes, ages, and sizes; to prevent the displacement of low- and moderate-income residents; to produce affordable housing units in order to meet existing and anticipated employment needs within the Town; to provide opportunities for conventional residential and mixed-use development to contribute to increasing the supply of affordable housing; and to establish standards and guidelines in order to implement the foregoing. (b) Definitions 1. AFFORDABLE HOUSING PROGRAM Collectively, §5.07 and other provisions of the Watertown Zoning Ordinance that pertain to the development and preservation of affordable housing in the Town of Watertown. 2. AFFORDABLE HOUSING RESTRICTION A deed restriction, contract, mortgage agreement, or other legal instrument, acceptable in form and substance to the Town of Watertown, that effectively restricts occupancy of an affordable housing unit to qualified purchaser or qualified renter, and which provides for administration, monitoring and enforcement of the restriction during the term of affordability. An affordable housing restriction shall run with the land in perpetuity or for the maximum period of time allowed by law, and be enforceable under the provisions of Chapter 184, Sections 26 or 31-32 of the General Laws. 3. AFFORDABLE HOUSING FUND A fund account established by the Town for the purpose of creating or preserving affordable housing in the Town of Watertown. 4. AFFORDABLE HOUSING UNIT A dwelling unit that is affordable to and occupied by a low- or moderate-income household and meets the requirements of the Massachusetts Department of Housing and Community Development, Local Initiative Program, for inclusion on the Chapter 40B Subsidized Housing Inventory. 5. AREA MEDIAN INCOME The median family income for the metropolitan area that includes the Town of Watertown, as defined in the annual schedule of low- and moderate-income limits published by the U.S. Department of Housing and Urban Development, adjusted for household size. 6. COVERED DEVELOPMENT Any development required to provide affordable housing in accordance with §5.07. 7. ELIGIBLE HOUSEHOLD A low- or moderate-income household that purchases or rents an affordable housing unit and occupies it as their domicile and principal residence. 8. INCLUSION UNIT An affordable housing unit built on the same site as the market-rate units in a covered development under §5.07. 9. LOCAL INITIATIVE PROGRAM A program administered by the Massachusetts Department of Housing and Community Proposed Zoning Amendment - Affordable Housing Independent/Assisted Living 6/20/2018 Page 3 of 8 Development (DHCD) pursuant to 760 CMR 56.00 to develop and implement local housing initiatives that produce low- and moderate-income housing, with or without a comprehensive permit as defined in Chapter 40B, Section 20 through Section 23 of the General Laws. 10. LOW - OR MODERATE-INCOME HOUSEHOLD A household with income at or below 80% of area median income, adjusted for household size, for the metropolitan area that includes the Town of Watertown, as determined annually by the United States Department of Housing and Urban Development (HUD). 11. MARKET-RATE DWELLING UNIT All dwelling units in a development subject to this §5.07 that are not affordable housing units as defined herein. 12. MAXIMUM AFFORDABLE PURCHASE PRICE OR RENT A purchase price or monthly rent that complies with the requirements and Table shown in §5.07(d)(4) and that complies with the regulations and guidelines of the DHCD Local Initiative Program and the Watertown Planning Board, except that developments subject to § 5.07(j)(3) shall comply with the maximum purchase price or rent requirements of that section. For homeownership units, the maximum affordable purchase price shall account for the monthly cost of a mortgage payment, property taxes, insurance, and condominium fees where applicable. For rental units, the maximum affordable rent shall account for the monthly cost of rent and utilities. The household income used to compute the maximum affordable purchase price or rent shall be adjusted for household size, considering the household size for which a proposed affordable unit would be suitable under guidelines of the Local Initiative Program or any successor affordable housing program established by the state. 13. SMALL-SCALE INCLUSION DEVELOPMENT A covered development that provides 6 or more up to 10 dwelling units. 14. SUBSIDIZED HOUSING INVENTORY The Department of Housing and Community Development Chapter 40B Subsidized Housing Inventory as provided in 760 CMR 31.04. (c) Applicability (1) §5.07 applies to any development, whether new construction, conversion, adaptive reuse or expansion of an existing structure, involving the creation of more than five dwelling units, or more than five (5) Independent or Assisted Living Units, or more than five (5) lots for residential use, Independent Living and Assisted living, outside of the Assisted Living Overlay Zone, §5.11. Dementia Care or Skilled Nursing shall be exempt from §5.07.(1) §5.07 applies to any development, whether new construction, conversion, adaptive reuse or expansion of an existing structure, involving the creation of more than five dwelling units or more than five (5) lots for residential use. Assisted living, outside of the Assisted Living Overlay Zone, § 5.11, shall be considered institutional and shall be exempt from §5.07. Developments may not be segmented to avoid compliance with this Section. “Segmentation” shall mean any development, whether new construction, adaptive reuse or redevelopment, or any division of land that would cumulatively result in an increase by five or more residential lots or dwelling units above the number existing on a parcel of land or contiguous parcels in common ownership twenty-four months prior to the application. Where such segmentation occurs, it shall be subject to this Section as a covered development. A subdivision or division of land shall mean any subdivision as defined in the Subdivision Proposed Zoning Amendment - Affordable Housing Independent/Assisted Living 6/20/2018 Page 4 of 8 Control Law, G.L. c.41, Sections 81K-81GG, or any division of land under G.L. c.41, §81P, into lots for residential use. (2) This Section does not apply to the rehabilitation of any building or structure, all of or substantially all of which is destroyed or damaged by fire or other casualty or a natural disaster; provided, however, no rehabilitation nor repair shall increase the density, bulk or size of any such building or structure which previously existed prior to the damage or destruction thereof except in conformance with this Section. (d) Basic Requirements (1) Projects having more than five (5) units: No Sspecial Ppermit for a development requiring a Sspecial Ppermit and no Bbuilding Ppermit for a use permitted as of right, shall be issued for a development subject to this section unless the Petitioner provides the percentage of the total dwelling units in the development as affordable housing as described herein, within §5.07(d)(4) and otherwise consistent with this Section. (2) Nothing in this Section shall preclude a developer from providing additional affordable units, or greater affordability, or both, than the minimum requirements. In no instance shall any permit or Sspecial Ppermit approval create less than one affordable housing unit, and for purposes of this Section, any calculation of required affordable housing units that results in the fractional or decimal equivalent of one-half or above shall be increased to the next highest whole number. (3) Affordable units shall be made available to eligible low- or moderate-income households at purchase prices or rents that comply with the Massachusetts Department of Housing and Community Development (DHCD) Local Initiative Program regulations, 760 CMR 56.00, or any successor program as may be determined by the Special Permit Granting Authority (SPGA) upon recommendation of the Watertown Housing Partnership (WHP) and as indicated in §5.07(d)(4). Proposed Zoning Amendment - Affordable Housing Independent/Assisted Living 6/20/2018 Page 5 of 8 (4) The Rent and Ownership Affordability Requirements are as follows: Total Project Size Including Facilities with Independent Living Units Affordable Units Rental Price Ownership Price 1 to 5 units 0 NA NA 6 to 19 units 12.5% 80% AMI 80% of AMI 20 and over units 15.0% No less than 5% of the total units at 65% AMI 80% AMI 10% of total units at 80% AMI 80% AMI Project Size Assisted Living Units Only Affordable Units Rental Price Ownership Price 0 to 75 Assisted Living Units 5% on site 80% AMI 80% AMI 76 or more Assisted Living Units 10% on site 80% AMI 80% AMI (e) Methods of Providing Affordable Units (1) A Covered Development with more than five (5) and up to ten (10) units, shall have the option of providing an affordable unit on site or making a cash payment in lieu of units on site. A Ccovered Ddevelopment with more than ten (10) units shall provide the affordable units on site. However, approval for cash payment in lieu of on-site affordable units may be granted by the SPGA in certain extraordinary circumstances. The SPGA must find that the developer has clearly demonstrated that providing such unit(s) on-site would create significant hardship and that a cash payment in lieu of on-site unit(s) is in the best interest of the Town’s affordable housing needs. Any request for alternative means of compliance shall be reviewed by the WHP, which shall then make its recommendation to the SPGA. (2) The SPGA may authorize that an alternative method of compliance be used, in accordance with the following: Cash Payment: The SPGA may grant a Sspecial Ppermit to provide affordable housing through a cash payment to the Watertown Affordable Housing Fund, in lieu of providing one or more of the affordable units required under this Section. The cash payment for housing units, including Independent Living Units, shall be equal to the most current Total Development Cost as articulated in the MA Department of Housing & Community Development’s Qualified Allocation Plan for Low Income Housing Tax Credit, for the areas described as Within Metro Boston/Suburban Area, as adjusted for the type of project and number of units. The cash payments shall also be in accordance with a schedule of affordable housing payments as outlined in §5.07(h)(6) and guidelines adopted and amended from time to time by the SPGA, following a public hearing, in consultation with the WHP and the Watertown Department of Community Development and Planning (DCDP). The cash payment for Assisted Living Units shall be not less than $200,000 per unit. (f) Location and Comparability of Affordable Units (1) Affordable units shall be proportionately distributed throughout the building(s) in a Ccovered Ddevelopment. Proposed Zoning Amendment - Affordable Housing Independent/Assisted Living 6/20/2018 Page 6 of 8 (2) Affordable units shall be indistinguishable from market-rate units in exterior building materials and finishes; overall construction quality; and energy efficiency, including mechanical equipment and plumbing, insulation, windows, and heating and cooling systems, as determined by the Building Inspector (3) Affordable units may differ from market-rate units in type of appliances, finishes; however, the affordable units shall be comparable to the base market-rate units in such instances. (4) Affordable units shall have the same floor area as the median market-rate units of the same number of bedrooms within a margin of 20%; provided that units are not less than the minimum square foot required by DHCD. This criterion shall not apply to Assisted Living Units. (5) The bedroom mix in the affordable units shall be proportionate to the market-rate units, unless the SPGA authorizes a different mix by special permit upon the recommendation of the WHP. (6) The SPGA may adopt regulations or guidelines to further define comparability of the foregoing requirements. (7) The WHP shall provide the Petitioner and SPGA as provided in §5.07(i) with its recommendations with reference to the Petitioner’s proposal in meeting the requirements for affordable housing. (g) Affirmative Marketing and Local Preference Policy Affordable units shall be made available for purchase or rent to eligible low- or moderate- income households under an affirmative marketing plan that complies with federal and state fair housing laws, and fair housing and local preference guidelines established by the Watertown Housing Partnership. No building permit for a Ccovered Ddevelopment shall be issued unless the Department of Community Development and Planning (DCDP) has determined that the Petitioner’s affirmative marketing plan complies with this requirement. The affirmative marketing costs for the affordable housing units shall be the responsibility of the Petitioner. (h) Preservation of Affordability (1) Affordable units provided under this Section shall be subject to an Affordable Housing Restriction that contains limitations on use, occupancy, resale and rents, and provides for periodic monitoring to verify compliance with and enforce said restriction. Affordability restrictions shall be contained in applicable affordable housing restrictions, regulatory agreements, deed covenants, contractual agreements, land trust arrangements and/or other mechanisms to ensure compliance with the affordability requirements of this §5.07 (collectively, “Affordable Housing Restriction”). (2) The Affordable Housing Restriction shall run with the land and be in force in perpetuity or for the maximum period allowed by law, and be enforceable under the provisions of Chapter 184, Section 26 or Sections 31-32 of the General Laws. (3) The Affordable Housing Restriction shall provide that initial sales and rental of affordable housing units and their subsequent re-sales and re-rentals shall comply with federal, state and local fair housing laws, regulations and policies. (4) The Affordable Housing Restriction shall provide that in the event that any affordable Proposed Zoning Amendment - Affordable Housing Independent/Assisted Living 6/20/2018 Page 7 of 8 rental unit is converted to a condominium unit, the condominium unit shall be restricted in perpetuity in the manner provided for by § 5.07(h)(1) above to ensure that it remains affordable to households in the same income range as prior to the condominium conversion. (5) For a Ccovered Ddevelopment that provides Inclusion Units: (A) No Bbuilding Ppermit shall be issued until an Affordable Housing Restriction has been executed by the Petitioner and the SPGA and the Petitioner provides evidence acceptable to the Director of DCDP that the agreement has been recorded at the Middlesex County Registry of Deeds. (B) For a rental, for-sale or homeownership unit, the DCDP shall not authorize or sign off on a Ccertificate of Ooccupancy until the Petitioner submits documentation acceptable to the Director of DCDP that an affordable housing deed rider has been signed by affordable unit homebuyer and recorded at the Middlesex County Registry of Deeds. (6) For a Ccovered Ddevelopment that provides affordable housing through a cash payment in lieu of affordable units: (A) For a Ccovered Ddevelopment having 10 units or less that provides affordable housing through a cash payment in lieu of affordable units the following reduced percentage (%) of the difference between fair-market value and affordable housing unit and contribution as described in §5.07(e)(2) shall apply: 10 units – 100%; 9 units- 90%; 8 units – 80%; 7 units – 70% and 6 units – 60%. (B) The DCDP shall not sign off on Certificate(s) of Occupancy until the Petitioner pays 100% of the required cash in lieu payment. (7) All legal documentation in connection with the affordable housing units shall be in the standard form provided by the Town of Watertown, as approved by legal counsel to the Town. If the Petitioner proposes to use documentation other than that provided by the Town, any and all costs associated with review by legal counsel to the Town shall be paid by the Petitioner. (i) Submission Requirements and Procedures Projects requiring the provision of affordable units under this Section must submit a proposal as to the method of meeting the affordable housing requirements with the application for zoning relief and a copy to the WHP. The WHP shall, in writing, provide the SPGA with their recommendations no later than forty (40) days from submission. The SPGA may adopt additional submission requirements and procedures not inconsistent with this Section, following a public hearing and consultation with the WHP. (j) Special Regulations for Inclusion Units (1) Use Regulations: Developments with Inclusion Units shall comply with §5.01, Table of Use Regulations; provided, however, that a Ccovered Ddevelopment with not more than ten (10) multi-family units shall be a permitted use when at least 12.5% of the units are Inclusion Units as defined hereunder, in which case the development shall qualify for review as a Small- Scale Inclusion Development. (2) Small-Scale Inclusion Development Submission Requirements and Procedures: No Bbuilding Ppermit for a Small-Scale Inclusion Development shall be issued until the SPGA has approved a site plan in accordance with §9.03 and the provisions of this Section. The SPGA may adopt regulations for submission requirements and procedures not inconsistent with this Proposed Zoning Amendment - Affordable Housing Independent/Assisted Living 6/20/2018 Page 8 of 8 Section, following a public hearing. (3) Cost Offsets and Affordability Requirements: Inclusion Units provided in excess of what is required in §5.07(d)(4) shall be exempt from the minimum lot area per dwelling unit and/or maximum floor area ratio, as set forth in §5.04, provided that the Inclusion Units comply with the following affordability requirements: Rental Units: For the affordable units, the maximum affordable rent shall be affordable to a household with income at or below 65% area median income (AMI), adjusted for household size. (k) Local Initiative Program Requirements. The Petitioner shall be responsible for preparing and complying with any documentation that may be required by DHCD to qualify affordable units for listing on the Chapter 40B Subsidized Housing Inventory. The Petitioner shall also be responsible for providing annual compliance monitoring and certification to the Town, or to cover the costs of the Town for provision of such compliance monitoring. (i) Severability If any portion of this Section is declared to be invalid, the remainder shall continue to be in full force and effect.