A. Purpose and objectives. See
§ 650-27A for details.
B. Special permit required. Applicability. In comprehensive developments, as specifically permitted by special permit in certain zoning districts in §
650-17, no building or premises shall be used nor shall any building or structure be constructed or reconstructed except as follows: Provided that a special permit is issued by the City Council in accordance with the provisions of this section, single-family, two-family and multifamily dwellings, and structures appurtenant thereto, including but not limited to clubhouses (with facilities for serving food and beverages), athletic facilities, parking areas, rest areas, playgrounds, tennis courts, swimming pools and accessory storage facilities, shall be the only permitted uses therein.
C.Standards.
Principals of development company. No application for a special permit shall be approved unless the City Council shall first receive the applicable information required in Subsection
D and shall thereafter find that:
(a) The applicant's associates, professional advisers and contractors are qualified by training and/or experience to construct and market dwellings comparable to those proposed. [See Subsection
D(1)(a).]
(b) The development plan proposed is financially and environmentally sound. [See Subsection
D(1)(b).]
(c) The development plan proposed meets all other requirements of this section. [See Subsection
D(1)(f).]
D. Administration.
(1) Application for a special permit. An application for a special permit for construction of dwellings in a comprehensive development shall be governed by all procedures, standards, criteria and submission requirements applicable to all special permits under Article
VIII, §
650-59, and in addition shall contain the following information:
(a) Applicant qualifications; see Subsection
C(3). All information required by the City Council regarding the training and experience of the applicant, its associates, professional advisers and contractors in the development and management of housing as well as their respective financial positions. Such information must include evidence of prior experience with residential development, the capacity to undertake the type of development proposed, the work history of key personnel and evidence of financial capacity to undertake a project of this scope.
(b) Land sale and interest; see Subsection
C(10)(a). Information documenting the dates of sale, names of all corporate and individual sellers and buyers, and consideration paid or exchanged for the subject property over the previous three years, but in any event including the previous three owners having no business relationship. Details of any relationships between the applicants and current and former owners of the property shall be supplied. An appraisal shall be submitted by an independent qualified appraiser selected by the City and approved by the applicant but paid for entirely by the applicant. Said appraisal shall determine the current land value under the zoning regulations governing the use of the land without a special permit for a comprehensive development.
(c) Financial analysis to determine project size and affordability; see Subsection
C(10)(b). For projects over 20 units in size, a financial analysis shall be submitted which shall help determine the minimum number of total units required to make the project economically feasible and maximum number of affordable units which can be supported at the proposed project size. Economic feasibility shall be defined by Subsection
C(10). Such analysis shall be conducted by an independent consultant to be jointly selected by the City and the applicant, but paid for entirely by the applicant. Projects under 20 units in size may be required to provide said analysis at the discretion of the City Council.
(d) Funding. Identification of funding program for the affordable units and a copy of the funding application.
(e) Market program. Summary of income range and methods for attracting residents of broad income and ethnic backgrounds.
(f) Development plan showing location of affordable units and all information required on plans under special permits as provided for by Article
VIII, §
650-59.
(g) Impact report. A report on the adequacy of capacity and mitigation proposed for utilities and roadways leading to and serving the development.
(h) Covenants and deed restrictions. The following documents shall be provided to the City Solicitor for review and approval prior to issuance of a certificate:
[1] Provision for reserve parking: see Subsection
C(11)(b). Legal agreements for provision of future reserve parking.
[2] Provision for common facilities: see Subsection
C(20). Deed restrictions on management agreements.
[3] Provision for open space: see Subsection
C(19). Deed restrictions on open space.
[4] Other information. Any and all other information that the City Council may reasonably require in a form acceptable to it to assist in determining whether the applicant's proposed development meets the objectives of Subsection
A and satisfies the standards of
§ 650-27C.
(2) Review and comment by boards and agencies.
(a) Prior to submission. Before submission by the developer of the full application to the City Council, the developer shall submit a preliminary application to the Marlborough Housing Partnership Committee (or its successor), which shall then conduct initial reviews and ensure the application meets the intent of this section.
(b) After submission. After submission by the developer to the City Council, the developer shall provide the following with a copy of the application for its review and recommendation prior to a decision on any application by the City Council: Marlborough Housing Partnership Committee, Community Development Authority Housing Division, City Departments of Engineering, Planning, Fire and Police. The Planning Board shall be provided with a copy for its review and comment if any public roadway or subdivision of land is involved in the proposed development. The Conservation Commission shall be provided with a copy for its review and comment if any wetlands are involved in proposed development.
(c) Comment period. In accordance with MGL Chapter 40A, failure of any such board or agency to make recommendations within 35 days of receipt by such board or agency of the final application shall be deemed lack of opposition thereto. Said board or agency may request an extension of time from the developer as provided for under MGL Chapter 40A.
(3) Review and action by City Council. The procedures for review and action by City Council shall be as provided for all special permits under Article
VIII, §
650-59.
(4) Site plan review. Following approval of the general scope of the project under the special permit, the application shall be subject to site plan review for purposes of detailed review of site and engineering concerns prior to construction.
