§ 135-612. Planned unit development regulations applying to Planned Unit Development (PUD) Districts., Article VI. Permitted Uses in Districts, Chapter 135. Zoning Ordinances, Zoning Ordinances, Code of Ordinances, Braintree

Purpose. The intent of the Planned Unit Development (PUD) Districts is to provide a greater degree of flexibility for the development of large tracts of land which provide residential, commercial, and business activities on the same parcel of land in a planned, controlled environment. A PUD proposal may contain both individual building sites and common property which are developed as an integrated mixed land use unit. The purposes of the PUD bylaw are to:

(1)

Allow for greater variety and flexibility in the development of housing types.

(2)

Make housing units available to moderate-income residents who might otherwise have difficulty finding homes within the Town.

(3)

Promote the permanent preservation of open space.

(4)

Facilitate the construction and maintenance of streets, utilities and public services in a more economical and efficient manner.

(5)

Promote retail and service uses closely related to the residential sections of the PUD in a manner which blends all land uses into an aesthetically complementary whole.

Authority to grant permits. The Planning Board as special permit granting authority (SPGA) may grant a special permit for the construction of a PUD in a PUD Zoning District. A special permit granted under this section shall conform to MGL c. 40A, § 9, to § 135-502 of the Braintree Zoning Bylaw, and to any rules and regulations which the SPGA shall from time to time adopt for the purpose of carrying out its requirements under this section.

Minimum standards. To implement the intent of the PUD provision, the following criteria shall be met:

(1)

The site under review shall be located in a PUD zoning overlay district as approved by Town Meeting.

(2)

The proposed project areas shall encompass a contiguous minimum land area of three acres.

(3)

The concept plans for the property must be submitted to Town Meeting for approval prior to submission to the SPGA.

(4)

In no case shall there be less than 25% of the total land area in open space and greater than 25% lot coverage. The SPGA shall have the right, based on the individual project, to increase the above minimum standards.

(5)

Retail/service activities shall be planned and constructed in a manner architecturally similar and complementary to the residential units within the proposed development.

(6)

The site under review shall be in single or consolidated ownership at the time of application.

(7)

The PUD shall contain at a minimum two of the following uses: residential, open space, business, or commercial.

(8)

The PUD shall have a minimum frontage of 100 feet.

Submission process.

(1)

Preapplication conference. Prior to the submission of an application for a special permit under this section, the applicant shall confer with the SPGA to obtain information and guidance on the preparation of plans, surveys and other data.

(2)

Application process:

(a)

The applicant for a PUD shall submit an application for a special permit as required in § 135-502 of the Braintree Zoning Bylaw. Said application shall be acted upon in accordance with the provisions set forth in § 135-502 of the Braintree Zoning Bylaw.

(3)

Information required. An application for a PUD shall include a plan or plans which meet the following specifications and provide the following data:

(a)

All plans shall be drawn at a scale of one inch equals 40 feet by a professional engineer, registered architect or registered landscape architect.

(b)

The boundary plan shall be stamped by the registered land surveyor who shall certify the accuracy of the location of the buildings, setbacks and all other required dimensions, elevations and measurements.

(c)

PUD district boundaries, North arrow, date, scale, legend and project title, the name or names of applicants and engineer or designer.

(d)

Names of all abutters, abutting land uses, and the approximate location and width of all adjacent streets.

(e)

The location and extent of all proposed land uses including open space, the number and types of residential units, the density for each housing type, and overall project density.

(f)

All interior streets, roads, easements and their planned public or private ownership, as well as all points of access and egress from existing public rights-of-way.

(g)

Description of the manner in which any areas that are not publicly owned are to be maintained, including open space, streets, lighting and others according to the proposal.

(h)

The location of existing or proposed buildings on the lot which shall include the total square footage and dimensions of all buildings (including height), all building elevations and floor plans, and perspective renderings, which depict the materials and colors to be used.

(i)

The location of the natural features of the site, including wetlands, floodplains, slopes over 10%, soil conditions and other features requested by the SPGA or required by the regulations of the SPGA.

(j)

The overall water and sanitary sewer system with proposed points of attachment to existing systems. The proposed stormwater drainage systems and their relation to the existing systems.

(k)

The boundary lines of existing and proposed lots with areas and dimensions. The distance of existing and proposed buildings from the lot lines and the distance between buildings on the same lot.

(l)

Existing and proposed topographical lines at two-foot intervals.

(m)

The location and number of parking spaces, loading spaces, and handicapped spaces.

(n)

A landscape plan which shall include the total square feet of all landscape and recreation areas, and a depiction of materials to be used, including the quantity, size and species of all plantings.

(o)

A description of the neighborhood in which the tract lies, including utilities and other public facilities and the general impact of the proposed PUD upon them.

(p)

Deed or other recorded instrument that shows the applicant to be the owner of the land to be designated as a PUD or proof that the applicant has the site under a purchase and sales agreement.

(q)

If the development is to be phased, a description and graphic representation of the phasing of the entire proposal in terms of length of time, type and manner of units or activities completed per phase.

(r)

Evidence as required by the reviewing boards of the applicant's ability to complete the proposed PUD.

(s)

A written statement by the applicant setting forth the reason why, in his opinion, the proposal would be in the public interest and would be consistent with the Town goals and objectives.

(t)

A description of any covenants, grants of easement, or other restrictions proposed to be imposed upon the use of the land, buildings or structures, including proposed easements for public utilities.

(u)

A traffic report as required under Braintree Zoning Bylaw Article XIV.

(v)

The applicant shall provide graphic and/or narrative descriptions of the differences, if any, that would occur if the site were not to be developed with a special permit under this chapter.

Density and dimensional requirements.

(1)

A PUD shall meet the lot size, the open space, lot coverage and frontage requirements as set forth in § 135-611C of the Braintree Zoning Bylaw.

(2)

Other dimensional and density requirements, including but not limited to residential density, yard and height requirements, and parking and loading dock requirements, shall be determined by the SPGA. In no case shall there be less than 25% of the total land area in open space and greater than 25% lot coverage. In determining other dimensional and density requirements, the SPGA shall consider the following factors:

(a)

Character of development in the abutting neighborhoods.

(b)

Individual characteristics of the project and the site.

(c)

Degree of open space proposed and the quality of the open space.

(d)

The percentage of lot coverage.

(e)

The public amenities to be provided.

(f)

The amount of affordable housing to be provided.

Factors to be considered by the SPGA. The SPGA review of a PUD application shall include, but is not limited to, the following considerations:

(1)

Relationship of the PUD to the abutting neighborhoods to insure the PUD is in harmony with and does not derogate from the neighborhoods.

(2)

Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures, and traffic control.

(3)

Adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrian from vehicular traffic, walkway structures, control of intersections with vehicular traffic and pedestrian convenience.

(4)

Location, arrangement, size and design of buildings, lighting and signs.

(5)

Location, arrangement, appearance, and sufficiency of off-street parking and loading.

(6)

Adequacy, type, and arrangement of trees, shrubs and other landscaping constituting visual and/or noise-deterring buffer between adjacent land uses and adjacent land.

(7)

In the case of multiple-family dwellings, the adequacy of usable open space for playgrounds and informal recreation.

(8)

Adequacy of structures, roadways, and landscaping in areas with moderate to high susceptibility to flooding and ponding and/or erosion.

(9)

Protection of adjacent properties against noise, glare, unsightliness, or other objectionable features.

(10)

The presence of fair housing policies and a marketing plan to promote fair housing.

In a PUD overlay district, all the zoning requirements of the underlying zoning districts shall apply unless and until a special permit for a PUD has been issued by the SPGA.