text "[INST] Context: e or other accessory use attached to the dwelling. 7.6.8 Plans. Floor plans of the accessory unit and principal residence, with a certified site plan showing the dwelling on the lot and its relationship to the neighborhood within two hundred (200) feet of the extremities of the lot, shall be filed with the Building Inspector, and in addition, five (5) copies of the same shall be submitted with the application for a special permit. 7.6.9 Parking. Provisions for off-street parking for dwellers of both units shall be provided in such a fashion as is consistent with the character of the neighborhood, as determined by the Building Inspector, after consultation with the Town Planner. 7.6.10 Occupancy Permit. No occupancy of the additional family dwelling unit shall take place without an occupancy permit issued by the Building Inspector. The initial occupancy permit shall remain in force for a period of two (2) years from the date of issue, provided that there is continued ownership. Thereafter, succeeding permits may be issued by the Building Inspector for each succeeding two-year period, provided that the structure and use continue to comply with the relevant provisions of the State Building Code, this Section and the special permit. Occupancy permits shall not be transferable upon new ownership or change in occupancy. An affidavit shall be presented to the Building Inspector attesting the fact that the circumstance for which such conditional use was granted will be complied with. Upon expiration of conditional use, the accessory kitchen unit shall be dismantled. The owner of record is responsible for initiating each application to the Building Inspector. Appropriate fees, as established and recorded, may be assessed for such renewal, review, investigation and processing. 7.7 SPECIAL PROVISIONS FOR HIGHWAY COMMERCIAL (CH) DISTRICT. In order to encourage mixed use facility within Commercial Districts on arterial roadways, the following special provisions shall apply in the Highway Commercial (CH in the Table of Use Regulations, provided that there is compliance with all provisions of this section. 7.6.3 Use Limitations. Such additional family living unit shall be limited to a maximum of four (4) persons, so conditioned, provided, further, that the owner of record is an occupier of the structure which includes the accessory family dwelling unit. No boarders or lodgers shall be allowed in either dwelling unit. There shall be no other living unit on the lot which such accessory unit is to be located. 7.6.4 Disposal of Sewage. Adequate provision shall be made for the disposal of sewage, waste and drainage generated by the occupancy of such accessory unit in accordance with the requirements of the Board of Health. Such determination shall be made prior to the application for a special permit and included with such application. 7.6.5 Ingress; Egress; and Access. Adequate provision, as determined by the Building Inspector, shall be provided for ingress and egress to the outside of each unit separately. To the extent possible, exterior passageways and accessways shall not detract from the single-family appearance of the dwelling. An interior doorway shall be provided between each living unit as a means of access for purposes of supervision and emergency response. All stairways to additional stories shall be enclosed within the exterior walls of the structure. 7.6.6 Required Finding. The Zoning Board of Appeals shall determine that such conversion, new construction and occupancy of each unit shall meet the requirements of this section. 7.6.7 Area Limitation. Such accessory unit shall be limited to a maximum of twenty-five percent (25%) in floor area of the principal residence or eight hundred (800) square feet, whichever is greater, exclusive of any garage, shed or similar structure or other accessory use attached to the dwelling. 7.6.8 Plans. Floor plans of the accessory unit and principal residence, with a certified site plan showing the dwelling on the lot and its relationship to t residentially used premises. 2. An owner, or occupier with permission of the owner, of a residence which has been destroyed or otherwise, made unlivable by fire or natural holocaust may temporarily place a mobile home on the site of such residence and reside in such temporary quarters for a period not to exceed twelve (12) months. Such temporary quarters may be placed within required front or rear yards only and shall be subject to the provisions of the State Sanitary Code. 3.2.3 Keeping of Animals. No more than one (1) farm animal or no more than ten (10) rabbits or poultry shall be kept on less than one (1) acre and no more than two (2) farm animals or one hundred (100) rabbits or poultry shall be kept on less than two (2) acres. Numbers of farm animals or poultry on two (2) acres or larger shall be limited only by Board of Health requirements and by the performance standards of Section 5.8. 3.2.4 Scientific Uses. The Board of Appeals may grant a special permit for a use accessory to a scientific research, scientific development or related production activity, whether or not on the same parcel as such activity. A special permit shall be granted where the Board of Appeals finds that the proposed accessory use does not substantially derogate from the public good. 3.2.5 Residential Accessory Uses. The following accessory uses are allowed in the Residential Districts, as set forth in the Table of Principal Use Regulations. 1. Rooming and boarding not more than 2 persons. 2. Family daycare, large and small. 3. Adult day care. 3.3 NONCONFORMING USES AND STRUCTURES. 3.3.1 Applicability. This zoning by-law shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which this zoning by-law, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder. 3.3.2 Nonconforming Uses. The Board of Appeals may award a specia SECTION 10.0. DEFINITIONS In this by-law, the following terms and constructions shall apply unless a contrary meaning is required by the context or is specifically prescribed in the text of the by-law. Words used in the present tense include the future. The singular includes the plural and the plural includes the singular. The word ""shall"" is mandatory and ""may"" is permissive or discretionary. The word ""and"" includes ""or"" unless the contrary is evident from the text. The word ""includes"" or ""including"" shall not limit a term to specified examples, but is intended to extend its meaning to all other instances, circumstances, or items of like character or kind. The word ""lot"" includes ""plot""; the word ""used"" or ""occupied"" shall be considered as though followed by the words ""or intended, arranged, or designed to be used or occupied."" The words ""building,"" ""structure,"" ""lot,"" or ""parcel,"" shall be construed as being followed by the words ""or any portion thereof."" The word ""person"" includes a firm, association, organization, partnership, company, or corporation, as well as an individual. Terms and words not defined herein but defined in the Commonwealth of Massachusetts state building code shall have the meaning given therein unless a contrary intention is clearly evident in this by-law. ACCESSORY BUILDING A subordinate building located on the same lot as the main, or principal building or principal use, the use of which is customarily incidental to that of the principal building or use of the land. ACCESSORY BUILDING OR USE A building not attached to any principal building or a use customarily incidental to and located on the same lot with the principal building or use, except that if more than twenty-five percent (25%) of the floor area or fifty prcent (50%) of the lot area is occupied by such use, it shall no longer be considered ""accessory."" ACCESSORY FAMILY DWELLING UNIT A dwelling unit contained with or an extension of a single-family structure to accommodate an additional family related by blood, marriage or adoption or sixty Accessory scientific uses,Y,Y,Y,Y,Y,Y,N,N,Y Rooming and boarding not more than 2 persons,Y,Y,Y,Y,Y,Y,Y,Y,N Home occupation,Y,Y,Y,Y,Y,Y,Y,Y,N Adult day care,Y,Y,Y,Y,Y,Y,Y,Y,N ""Child day care, small"",Y,Y,Y,N,N,N,N,Y,N ""Child day care, large"",BA,BA,BA,N,N,N,N,Y,N Accessory family dwelling unit,BA,BA,BA,BA,BA,BA,Y,BA,N PRINCIPAL USES H. OTHER USES,RA,RB,RM,CH,CD,CV,CN,CO,I Drive-through or drive-in facility,N,N,N,BA,BA,BA,N,N,N Commercial parking facility,N,N,N,BA,BA,BA,BA,N,BA 3.2 ACCESSORY USES AND STRUCTURES. Except as provided by law or in this By-law in each district, no accessory use, building or structure shall be constructed, used or occupied, nor shall land be used or occupied, except for the purposes permitted as set forth in the accompanying Table of Use Regulations. 3.2.1 Home Occupations. Home occupations are permitted if no more than twenty-five percent (25%) of the floor area of the residence is used for the occupation, not more than one (1) person not a member of the household is employed on the premises in the occupation, there is no exterior display or storage or other variation from the residential character of the premises, traffic generated does not exceed that normally expected in a residential neighborhood and all parking required to service the occupation is provided off-street, other than within a required front yard. 3.2.2 Mobile Homes and Campers. A mobile home or camper may be temporarily occupied by nonpaying guests of the owner of the premises for a period not to exceed two (2) weeks in any calendar year; or as a temporary office incidental to the construction or development of the premises on which it is located, upon prior approval of the Building Inspector, who may seek advisory from the Planning Board or its designated agent, for a period of one (1) year, renewable annually. 1. Storage of campers belonging to residents on the premises shall be considered a customary accessory use on residentially used premises. 2. An owner, or occupier with permission of the owner, of a residence which has been destroyed or otherwise, made unlivable by fire or natural holocaust may temporarily place a m Are accessory or in-law apartments allowed (by right or special permit) in any district? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: cupancy Required: The owner of the single family lot upon which the accessory apartment is located shall occupy at least one (1) of the dwelling units on the premises. A Special Permit shall be issued only to the owner of the property. The Zoning Board of Appeals shall be the Special Permit Granting Authority. Should there be a change in ownership or change in residence of the owner, the Special Permit and the Certificate of Occupancy for the accessory apartment shall become null and void. 301.8.3. Apartment Size: The maximum floor size for an accessory apartment within a principle dwelling shall not exceed twenty-five (25%) percent of the habitable area of the dwelling in which it is located, or 600 square feet, whichever is greater. Habitable area, as referred to herein, shall exclude unfinished basements, workshops, unfinished attics, closets, and garage space. 301.8.4. Code Compliance: The accessory apartment must be determined to comply with current safety, health and construction requirements before occupancy and at every change of occupancy. The Zoning Board of Appeals shall have the right to request verification as to the accessory use on an annual basis. 301.8.5. Preservation of Single Family Characteristics: The accessory apartment shall not change the single family characteristic of the dwelling except for the provision of an additional access or egress. 301.8.6. Existing detached structure may continue to be used for the same purposes subject to special conditions imposed by the Board of Appeals. 301.8.7. There shall be no more than one (1) accessory apartment for a total of two (2) dwelling units per lot. 301.8.8. Current apartment uses, as of the effective date of this amendment, may be continued only as long as the present occupants of the accessory apartment remain in residence. The current owner of the property must also appear before the Zoning Board of Appeals to obtain a Special Permit for the affected property. Adopted April 26, 1993 301.20. R-A, R-B, and R-C Residential District uses requiring sp SECTION 300. RESIDENTIAL DISTRICT USES 301. In R-A, R-B and R-C Districts, 301.1. Detached one-family dwelling. 301.2. Two-family dwelling in any dwelling containing more than six (6) rooms, at the time this by-law is adopted. 301.3. Two-family or duplex dwellings. 301.4. Churches and parish houses. 301.5. Farms, poultry houses, garden nursery or greenhouse selling only produce or plants, the major portion of which is raised on the premises, and excluding any use injurious, noxious or offensive to the neighborhood. 301.6. Municipal uses (buildings, schools, libraries, cemeteries, museums, parks, playgrounds, and other municipal purposes). 301.7. Accessory use on the same lot with and customarily incidental to any of the listed permitted uses and not detrimental to a residential neighborhood may be permitted. The term ""accessory use"" shall not include: 301.7.1. A garage for, or storage of, more than four (4) automobiles or for storage only of more than one (1) commercial vehicle except on a farm, unless authorized by the board of appeals. Recreational vehicles, such as campers and motor homes, for the purpose of this by-law are not considered to be commercial vehicles. 301.8. Accessory Apartments in Residence Districts 301.8.1. Purpose and Intent: It is the specific intent of this section to allow accessory apartments, including kitchens, within single family properties in the Residential Districts for the sole purpose of meeting the special housing needs of grandparents, parents, brothers and sisters, children and their respective spouses of families of owner occupants of properties in the Town of Groveland. To achieve this goal and to promote the other objectives of this By-law, specific standards are set forth below for such accessory apartment uses. 301.8.2. Owner Occupancy Required: The owner of the single family lot upon which the accessory apartment is located shall occupy at least one (1) of the dwelling units on the premises. A Special Permit shall be issued only to t SECTION 400. CONVERSION TO APARTMENTS AND CONDOMINIUMS Any building, dwelling, or structure to be converted to apartments or condominiums must have the following minimum square feet of land area: In Zone RA: Two (2) living units: Sixty thousand (60,000) square feet of land area. Three (3) living units: Ninety thousand (90,000) square feet of land area. Four (4) living units: One hundred twenty thousand (120,000) square feet of land area. Each additional unit of living space above four (4) units will require an additional 30,000 square feet of land area. In Zone RB: Two (2) living units: Forty thousand (40,000) square feet of land area. Three (3) living units: Sixty thousand (60,000) square feet of land area. Four (4) living units: Eighty thousand (80,000) square feet of land area. Each additional unit of living space above four (4) units will require an additional 20,000 square feet of land area. In Business Zone: Requirements will be the same as in Zone RB. In Zone RC: Requirements will be the same as in Zone RB. Industrial Zone: No conversions to condominiums or apartments are allowed. These requirements are in addition to any other zoning by-law requirements that are in effect and do not delete from other requirements. All conversions are subject to all state and local building codes and all state statutes. ZONING BY-LAWS SECTION 600. CONDOMINIUMS (See Section 700, Planned Unit Development, for By-laws pertaining to Condominiums.) Are accessory or in-law apartments allowed (by right or special permit) in any district? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: ther advisors as defined therein, all according to the terms of the Special Permit allowing such apartments. c. Individual septic tank systems meeting all requirements of the Board of Health for two family or semi-detached houses or multiple use properties as permitted or allowed under Section III-A Schedule of Use Regulations. d. Temporary toilet facilities used during construction or for special events which comply with Board of Health requirements and which are considered by said Board to be necessary. e. Private sewage disposal systems or treatments plants shall be allowed in Senior Residential Dwelling Developments established pursuant to the requirements of a Special Permit Granting Authority. f. Private sewage disposal systems or treatments plants shall be allowed in Industrial Districts in conjunction with commercial or industrial development and further pursuant to the requirements of a Special Permit issued by the Permit Granting Authority, and provided, however, no discharge or leaching areas shall be located in a Zone I or Zone II as determined by the Massachusetts Department of Environmental Protection Aquifer Protection Areas. (Amended December 2002 STM, Art. 2. Previously amended May 2001 ATM, Art. 45 and May 1988 ATM, Art. 13) I-E DEFINITIONS In this By-Law the following terms shall have the following meanings unless a contrary, meaning is required by the context or is specifically prescribed. ACCESSORY BUILDING - A detached building designed, constructed and used for an Accessory Use as defined herein. (Amended November 1989 STM, Art. 7) ACCESSORY FAMILY DWELLING UNIT - A dwelling unit contained within or being an extension of a single family dwelling to accommodate an additional family only if: (a) a member of the additional family is related by the first degree of kinship, marriage or adoption. (Added May 1995 ATM, Article 43) ACCESSORY USE - A customary use in conjunction with, incidental to, or subordinate to a use allowed by this By-Law; and located on the same lot with the principa he Rules and Regulations of the Planning Board and according to the requirements contained in Section IV of this by-law. Responsibility for determining the number of lots so permitted shall rest with the Planning Board and that Board may require the applicant to submit whatever said Board deems necessary to make this determination including, but not limited to, a general layout plan prepared to comply with Section IV of this by-law, soil analyses and percolation tests. (Amended March 1983 ATM, Art. 26) (2) No apartment development shall have more than (10) percent of the total number of apartments with three (3) bedrooms. (3) In addition to considering a combined sleeping and living room in an Efficiency Apartment as one bedroom, any other room in any apartment which is not a single living room or equipped kitchen, and is shown on a plan as being for other than bedroom use but which, because of location, size, or arrangement, could, in the opinion of the Board of Appeals, be used as a regular bedroom or adapted to such use, shall be considered as a bedroom for density calculations. No attic or other storage or similarly usable space shall ever be used as or altered to create regular bedroom space nor shall the construction or other aspects thereof be such as would facilitate such use or alteration. g. Screening - All sewage facilities, service areas and equipment, conveniences and recreational areas shall have screening as required. h. Buffer Areas - No portion of any apartment building or accessory building shall be less than two hundred (200) feet from any other zoning district and such area shall be undeveloped except for drives, walks and landscaping. i. Environmental Protection - There shall be no filling, draining, altering or relocation of any stream, lake, pond or wetland except that performed in full compliance with applicable laws, the requirements of all pertinent governmental agencies, and the requirements and recommendations of the Board of Appeals. j. Exterior Antennas - Outdoor antennas or other apparatus for radio or t ly permitted in this by-law or in the general Town by-law is prohibited. V-F ARCHITECTURAL CONTROLS (Amended March 1978 STM, Art. 1) The exterior architectural features of houses placed or erected in a development shall be basically dissimilar. No application to place or erect two or more houses upon contiguous lots shall be approved by the Inspector of Buildings unless the applicant shall have filed with the Inspector of Buildings plans showing the houses. If there is proposed to be built or placed upon such lots more than five houses, there shall be at least three basic designs. If there is proposed to be built or placed upon such lots, two, three, four or five houses, there shall be at least two basic designs. V-G APARTMENT DISTRICT REQUIREMENTS (Amended March 1983 ATM, Art. 26. Previously amended June 1982 STM, Art. 12, March 1978 STM, Art. 1, May 1975 ATM, Art. 17 and March 1974 ATM, Art. 10.) 1. Intent - The following apartment district requirements and procedures for complying therewith are designed to satisfy the needs of the present and future inhabitants of the town for apartment dwelling units while ensuring that such development and uses will not result in abuses detrimental to the health, comfort, safety and welfare of both the residents of the apartment units and the Town as a whole. Except as otherwise specifically provided for in the zoning by-laws, apartment developments in Holliston shall be allowed only according to the terms of a Special Permit and the provisions of this sub-section V-G. However, the provisions of this sub-section shall not apply to Federal and State subsidized housing for the elderly or low income constructed or operated under the supervision of the Holliston Housing Authority. Apartment Districts shall be allowed only by Town Meeting Vote amending the Zoning By-Law by amending the Zoning Map of Holliston. Such Apartment Districts shall be shown on such map by superimposing said districts on the basic AR-l, AR-2, and R-1 districts on which such Apartment Districts are superimposed, thus creating dual Di V-G(A) ACCESSORY FAMILY DWELLING UNIT (Amended May 1995 ATM, Art. 43) 1. The intent and purpose of this section is to permit accessory dwelling units in single family residential districts subject to the standards and procedures hereinafter set forth. It is also the intent to assure that the single-family character of the neighborhood will be maintained and that the accessory unit remain subordinate to the principal use of the living quarters. 2. Restrictions: Such additional family living unit shall be occupied by not more than two persons, and provided the owner of record is a resident within the structure which includes the accessory family dwelling unit. The existing unit shall accommodate an additional family unit only if: a. A member of the additional family is related by first degree of kinship, marriage or adoption to the owner of the premises. b. There is no other living unit on the lot, upon which the accessory unit is located. 3. Adequate provisions shall be made for the proper disposal of sewage, waste and drainage generated by the accessory unit in accordance with the requirements of the Board of Health. Such determination shall be made prior to application for the Conversion and evidence of the same shall be included with such application. 4. Adequate provisions as determined by the Building Inspector as being in compliance with the Massachusetts State Building Code for separate Ingress, Egress, to the outside of each unit. To the extent possible, exterior passage ways and access ways shall not detract from the single family appearance of the dwelling. An interior door way shall be provided between each living unit as a means of access for purposes of supervision and emergency response. All stairways to additional floors shall be enclosed within the exterior walls of the structure. 5. Such accessory dwelling unit shall be limited to a maximum of (600) six hundred square feet in floor area. 6. Floor plans for the accessory unit and the principal residence, along with a certified site plan shall be submitted along with the application. 7. Off-Street Parkin ,50*,1.00 Comm. Dist.,""15,000 sf"",80',120',10',15',20',3,40,50,0.50 Ind. Dist.,""20,000 sf"",100',150',30',20',30',3,40,40,0.50 Apt. Dist.,10 ac.,500'*,500'*,50',50',50',2 1/2,35,20,- The above dimensions are subordinate to any Buffer Area requirements. In Apartment districts, the yard dimensions shall apply to building setbacks with reference to: (a) the perimeter bounds of an entire apartment development; (b) each street bounding or within an apartment development; and (c) any private way which, in the opinion of the Planning Board, may later become a street, rather than to each building in such an apartment development. Exceptions: '*' or such modification as the Board of Appeals may allow; '**' except that the Board of Appeals may authorize the reduction of yards to zero and an increase in coverage to 80%, subject to Section V-K5 and '***' additional area may be necessary to meet Board of Health requirements for sewage disposal. ""-"" indicates no specified ratio.. Walls specifically designed as impermeable barriers for the proper installation of sub-surface sewage disposal systems, and those designed and constructed in accordance with plans approved as part of a subdivision approval by the Planning Board shall be exempt from the setback requirements within the Schedule of Intensity Regulations. (Amended May 2008 ATM, Art. 39. Previously amended May 1998 ATM, Art. 45, May 1997 ATM, Art. 30, May 1986 ATM, Art. 11, March 1974 ATM, Art. 10, and April 1970 ATM, Art. 20.) IV-C MODIFICATION AND EXCEPTIONS 1. Where two or more requirements in this by-law are applicable to the same open space, that which imposes the greatest restriction on the placement of the building will control. 2. In all districts 2,000 square feet of lot area shall be required for each room to be used by transient paying guests. This requirement shall be in addition to the area requirements of the district for any other use. 3. In all districts (except Village Center Commercial district, as provided in Sec Are accessory or in-law apartments allowed (by right or special permit) in any district? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: entification of businesses or occupants or guidance or direction of traffic or parking. No accessory sign shall exceed two square feet in area. (7) Any existing nonconforming sign legally erected prior to the adoption of this Chapter or any amendment thereof, may be continued to be maintained, but shall not be enlarged, reworded, redesigned or altered in any way unless said sign shall conform with the provisions of this subsection. H. Mixed use buildings comprised of retail space on the first floor, and office space or residential dwelling units on the second and third floors. The residential dwelling units shall have dedicated on-site parking spaces. No dwelling unit shall have less than 600 gross square feet. [Added 5-1-2006 ATM, Art. 32 ] I. Accessory uses. § 210-19. Uses allowed by special permit. In addition to the foregoing permitted uses, the following uses shall be allowed in a B District upon the granting of a special permit by the Board of Appeals: A. Gasoline service stations and automobile repair garages, expressly including the accessory use of retail sale of propane, provided the maximum size of a propane storage tank does not exceed 2,000 gallons, and also provided there is compliance with all other federal, state, and municipal regulatory requirements. B. Single and multifamily residences; buildings used for dwelling purposes. All residential uses must comply with the dimensional requirements contained in Article II, Residence A (RA) District. C. Live commercial entertainment. D. Drive-in, drive-through, or drive-up uses, but excluding the dispensing of food or drink, provided that: 1) an adequate dedicated area for at least four vehicles to queue shall be provided on the premises, 2) notification of the public hearing for such special permit shall be mailed to the owners of all properties within 1,000 feet of the premises, and 3) the Board of Appeals shall grant the Special Permit only if it finds that the proposed use will not be detrimental to the surrounding neighborhood. E. Car wash facilities. F. T A. The intent and the purpose of this section is to permit accessory dwelling units in single- family residential districts subject to the standards and procedures hereinafter set forth. It is also the intent to assure that the single-family character of the neighborhood will be maintained and that the accessory unit remains subordinate to the principal living quarters. B. Restrictions. A special permit may be granted by the Zoning Board of Appeals for the conversion of an existing or new single-family dwelling to accommodate an additional family living unit by the installation of a common wall or the partitioning of or extension of existing living space. C. Use limitations. Such additional family living unit shall at the discretion of the Zoning Board of Appeals accommodate up to a maximum of three persons, provided that the owner of record of the structure is a resident of the structure which includes the accessory family dwelling unit. The existing unit shall accommodate an additional family unit only if a) a member of the additional family is related by blood, marriage or adoption to the owner of the premises; or b) a member of the additional family is 60 years of age or older. There shall be no other living unit on the lot upon which such accessory unit is to be located. D. Disposal of sewage. Adequate provision shall be made for the disposal of sewage, waste and drainage generated by the occupancy of such accessory unit in accordance with the requirements of the Board of Health. Such determination shall be made prior to the application for a special permit, and evidence of same shall be included with such application. E. Ingress, egress, access. Adequate provision, as determined by the Director of Municipal Inspections, shall be provided for separate ingress and egress to the outside of each unit. To the extent possible, exterior passageways and accessways shall not detract from the single-family appearance of the dwelling. An interior doorway shall be provided between each dwelling unit as a means of access for purposes of supervision and emergency response. All stairways to additional stories shall be ) Accessory signs: limit of two accessory signs per business, which may indicate identification of businesses or occupants or guidance or direction of traffic or parking. No accessory sign shall exceed two square feet in area. (7) Any existing nonconforming sign legally erected prior to the adoption of this Chapter or any amendment thereof, may be continued to be maintained, but shall not be enlarged, reworded, redesigned or altered in any way unless said sign shall conform with the provisions of this subsection. H. Mixed use buildings comprised of retail space on the first floor, and office space or residential dwelling units on the second and third floors. The residential dwelling units shall have dedicated on-site parking spaces. No dwelling unit shall have less than 600 gross square feet. I. Accessory uses. § 210-20.3. Uses allowed by special permit. In addition to the foregoing permitted uses, the following uses shall be allowed in a BD District upon the granting of a special permit by the Board of Appeals: A. Gasoline service stations and automobile repair garages, expressly including the accessory use of retail sale of propane, provided the maximum size of a propane storage tank does not exceed 2,000 gallons, and also provided there is compliance with all other federal, state, and municipal regulatory requirements. B. Single and multifamily residences; buildings used for dwelling purposes. All residential uses must comply with the dimensional requirements contained in Article II, Residence A (RA) District. C. Live commercial entertainment. D. Drive-in, drive-through, or drive-up uses, but excluding the dispensing of food or drink, provided that: 1) an adequate dedicated area for at least four vehicles to queue shall be provided on the premises, 2) notification of the public hearing for such special permit shall be mailed to the owners of all properties within 1,000 feet of the premises, and 3) the Board of Appeals shall grant the Special Permit only if it finds that the proposed use will not be detrimental to the surrounding neighborhood. E. Car wash facilities. F. Theaters, halls and clubs. G. Off-street parking facility. The Planning Board and not the Board of Appeals shall be the Special Permit Granting Authority for such facilities. § 210-20.4. Off-stree ppearance of the dwelling. An interior doorway shall be provided between each dwelling unit as a means of access for purposes of supervision and emergency response. All stairways to additional stories shall be enclosed within the exterior walls of the structure. F. Documentation. The Zoning Board of Appeals must determine that such conversion, new construction and occupancy of each unit shall meet the requirements of § 210-152 of this Chapter. G. Area limitation. Such accessory unit shall be limited to a maximum of 800 square feet in floor area. [Amended 5-2-2000 ATM, Art. 28] H. Plans. Floor plans of the accessory unit and principal residence and a certified site plan showing the dwelling unit on the lot and its relationship to other structures and premises within 200 feet of the lot shall be filed with the application for a special permit. I. Parking. Provisions for off-street parking of residents and guests of both units shall be provided in such a fashion as is consistent with the character of the neighborhood, as determined by the Zoning Board of Appeals, which shall seek advice from the Director of Municipal Inspections. J. Special permit. No building permit shall be issued in accordance with the special permit issued under this section until the special permit has been recorded in the Registry of Deeds by the applicant and evidence of such recording has been submitted to the Director of Municipal Inspections. K. Occupancy permit; control. No occupancy of the additional dwelling unit shall take place without an occupancy permit issued by the Director of Municipal Inspections. The initial occupancy permit shall remain in force for a period of two years from the date of issue, provided that ownership of the premises is not changed. Thereafter, permits may be issued by the Director of Municipal Inspections for succeeding two-year periods, provided that the structure and use continue to comply with the relevant provisions of the State Building Code, this Chapter and the special permit. Occupancy permits shall not be transferable upon change in ownership or change in occupancy. In such event, an affi % of the interior of any parking lot having 25 or more spaces shall be maintained with landscaping, including trees, in planting areas of at least four feet in width. (6)The portion of any parking lot which abuts a residential district or use shall be screened from such residential district or use by plant materials characterized by dense growth, or a combination of such plant materials, natural landforms and trees, which will form an effective year-round screen. Screening shall be at least five feet in height. Plant materials when planted may be less than five feet in height but not less than three feet in height if of a species or variety which shall attain the required height and width within three years of planting. (7)The portion of any parking lot which abuts a public way shall be adequately buffered from such public way by plant materials characterized by dense growth or a combination of such plant materials, trees, natural landforms and other landscape features, such as stone walls. Plant materials may be required to be at least five feet in height. Plant materials when planted may be less than five feet in height but not less than three feet in height if of a species or variety which shall attain the required height and width within three years of planting. § 210-125. Conversions of residential property. [Amended 4-9-1991 ATM, Art. 25, 5-7-2007 ATM, Art 26] The conversion of any house for rental purposes to accommodate not more than four families or units may be undertaken in any zoning district except an Industrial A (IA) or Industrial B (IB) District upon grant of a special permit by the Board of Appeals, provided that the exterior is not materially altered and provided that each dwelling unit so created contains a floor area of at least 600 square feet. Two parking spaces shall be provided on the site for each dwelling unit. § 210-126. Accessory family dwelling unit. [Added 5-4-1993 ATM, Art. 20] A. The intent and the purpose of this section is to permit accessory dwelling units in single- family residential districts subject to the standards and procedures hereinafter set forth. It is also the inten Are accessory or in-law apartments allowed (by right or special permit) in any district? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: be allowed. (k) The proposed use is determined to be in harmony with the intent and purpose of the Zoning By-Law. 2. In order to encourage the development of housing units for disabled and handicapped individuals and persons with limited mobility, the SPGA may allow reasonable deviation from the stated conditions where necessary to install features that facilitate access and mobility for disabled persons. 3. Approval for an ADU requires that the owner must occupy one of the dwelling units. The zoning approval and the notarized letters required in 5.2.6.4 (4) & (5) below must be recorded in the Middlesex South County Registry of Deeds or Land Court, as appropriate, in the chain of title to the property, with documentation of the recording provided to the Building Commissioner, prior to the occupancy of the accessory dwelling unit. 4. Prior to issuance of a special permit, the owner(s) must furnish an affidavit, sworn under the pains and penalties of perjury, stating that the owner will occupy one of the dwelling units on the premises as the owner's primary residence, except for bona fide temporary absences. 5. When a structure, which has received a special permit for an accessory dwelling unit, is sold, the new owner(s), if they wish to continue to exercise the Special Permit, must, within thirty (30) days of the purchase, submit a notarized letter to the Building Commissioner stating that they will occupy one of the dwelling units on the premises as their primary residence, except for bona fide temporary absences. 6. Prior to issuance of a special permit, a floor plan must be submitted showing the proposed interior and exterior changes to the building. 5.2.6.5 Administration and Enforcement 1. It shall be the duty of the Building Commissioner as Zoning Enforcement Officer to administer and enforce the provisions of this Bylaw. 2. No building shall be changed in use or configuration, until the Building Commissioner has issued a permit. No permit shall be issued until a sewage disposal works permit, when app e for households at a variety of stages in their life cycle; 4. Provide housing units for persons with disabilities; 5.2.6.2 Definitions: 1. ACCESSORY DWELLING UNIT (ADU) : A self-contained housing unit incorporated within a single-family dwelling or existing detached structure that is clearly a subordinate part of the single-family dwelling and which complies with each of the use and dimensional regulation stated in section 5.2.6.4 below. 2. BUILDING, ATTACHED : A building having any portion of one or more walls in common or within five feet of an adjacent building. 3. BUILDING, DETACHED : A building having five feet or more of open space on all sides. 4. DWELLING, SINGLE-FAMILY : A building designed or used exclusively as a residence and including only one dwelling unit. 5. DWELLING UNIT : One or more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household. This definition does not include a trailer, however mounted. 6. PRIMARY DOMICILE : That place where a person has his or her true, fixed, and permanent home and principal establishment, and to which he or she is never absent more than 6 months. 7. TEMPORARY ABSENCE : Absence of no more than 6 months. 5.2.6.3 Procedural Requirements: 1. An application for an Accessory Dwelling Unit Special Permit shall be filed with the Zoning Board of Appeals in accordance with its applicable filing requirements. 2. The Zoning Board of Appeals shall not grant any variances under this section except as noted in 5.2.6.4 (2). 5.2.6.4 Use and Dimensional Regulations: 1. The Zoning Board of Appeals as the Special Permit Granting Authority (SPGA) may issue a Special Permit authorizing the installation and use of an accessory dwelling unit in a single-family home or lot provided the following conditions are met: (a) The accessory dwelling unit may be located in the primary domicile. (b) the installation and use of an accessory dwelling unit in a single-family home or lot provided the following conditions are met: (a) The accessory dwelling unit may be located in the primary domicile. (b) The primary domicile to be altered to include an accessory dwelling unit shall maintain the appearance of a single-family structure. (c) The unit will consist of a complete, separate housekeeping unit containing both kitchen and bath. (d) Only one accessory dwelling unit may be created within a single-family house or house lot. (e) The owner(s) of the residence in which the accessory dwelling unit is created must continue to occupy at least one of the dwelling units as their primary residence, except for bona fide temporary absences. (f) Any new separate outside entrance serving an accessory dwelling unit shall be located on the side or in the rear of the building as remote as possible from one another. (g) The habitable floor area of the accessory unit shall not exceed twenty-five (25%) of the habitable floor area of the entire dwelling or 900 square feet, whichever is greater. (h) An accessory dwelling unit may not be occupied by more than three (3) people nor have more than two bedrooms. (i) The construction of any accessory dwelling unit must be in conformity with the State Building Code, Title V of the State Sanitary Code and other local bylaws and regulations. (j) Sufficient and appropriate space for at least two (2) additional parking spaces shall be provided by the owner to serve the accessory dwelling unit. Said parking space shall be constructed of material consistent with the existing driveway and shall have vehicular access to the driveway. Stacking of vehicles for the different dwelling units shall not be allowed. A separate driveway opening for the accessory dwelling unit shall not be allowed. (k) The proposed use is determined to be in harmony with the intent and purpose of the Zoning By-Law. 2. In order to encourage the development of housing units for disabled and handicapped indiv , safety precautions and surfacing material. d) A topographical map, if required. e)There shall also be shown on said chart additional information, if any, necessary for the Planning Board to determine compliance with this Bylaw. 5.2.5 Additional Uses Allowed By Special Permit in the Mobile Home SB-2 District subject to the following conditions: 5.2.5.1 Mobile Home Parks, provided that a)Mobile homes shall each be located on a lot with a minimum area of five thousand (5,000) square feet. b) Each individual mobile home lot shall have a minimum frontage of fifty (50) feet measured either at the front lot line or at the set back line. c) No mobile home or part thereof shall be erected or altered to within thirty (30) feet of the front lot line, except on a corner lot and in such case no mobile home or part thereof shall be erected or altered to within fifteen (15) feet of the front lot line nor within ten (10) feet from the interior lot line having the greatest dimension. d) No mobile home or part thereof shall be erected or altered to within ten (10) feet of the rear lot line. e) No mobile home or part thereof shall be erected or altered to within ten (10) feet of the side lot line. f)No mobile home shall have a floor area of less than three hundred fifty (350) square feet. 5.2.6 Accessory Dwelling Units 5.2.6.1 Purpose and Intent: The intent of allowing accessory dwelling units is to: 1. Preserve the residential character of a neighborhood. 2. Add moderately priced rental units to the housing stock to meet the needs of smaller households and make housing units available to moderate income households who might otherwise have difficulty finding housing; 3. Develop housing units in single-family neighborhoods that are appropriate for households at a variety of stages in their life cycle; 4. Provide housing units for persons with disabilities; 5.2.6.2 Definitions: 1. ACCESSORY DWELLING UNIT (ADU) : A self-contained housing uni 5.3 COMMERCIAL DISTRICTS 5.3.1 Uses Permitted 5.3.1.1 Buildings, structures, and premises may be used for any use permitted in a Residence District and/or lawful business, service or public utility. 5.3.2 Uses Allowed by Special Permit granted by the Board of Appeals 5.3.2.1 The following uses when specifically approved as special exceptions by the Board of Appeals, which shall have found that the proposed use will not have an adverse effect on the present and future dwellings in the vicinity, or create traffic hazards or volume greater than the capacity of the streets affected, or other appropriate safeguards and conditions which the Board of Appeals deems necessary: a) Multiple dwellings in ALL Districts except C-1, C-11, and C-12 subject to the same conditions of Section 5.2.4 above and provided that the permit granting authority finds that the non-residentially zoned area would not be adversely affected by such residential use, and that permitted uses in the district are not noxious to a multifamily use. 5.3.3 Uses Allowed by Special Permit in ALL Commercial Districts EXCEPT C-1 5.3.3.1 Motor vehicle repair facilities, including those repairing, painting, or storing motor vehicles, provided the disabled vehicles are screened from abutting lots or exterior streets by a solid landscaped screen and/or fence at least five (5) feet but no more than seven (7) feet in height. 5.3.3.2 Junk yards, provided that outdoor storage areas are screened from view from abutting lots or exterior streets by a solid landscaped screen and/or fence at least five (5) feet but no more than seven (7) feet in height. 5.3.3.3 Drive-in theaters, provided that the moving picture images are directed away from existing dwelling units. 5.3.4 Uses Allowed by Special Permit in the C-1 District 5.3.4.1 The conversion of existing structures for multiple dwellings where the first floor is devoted to commercial use except for the access to the upper floors, provided that: a) The first floor is not used for Are accessory or in-law apartments allowed (by right or special permit) in any district? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: ccupancy of the dwelling unit is limited to: 17.3.3.1. A family related by blood, marriage or adoption to the owner of the premises, or 17.3.3.2. A household with an individual who is 65 years of age or older, or 17.3.3.3. A household with an individual with disabilities. 17.3.3.4.A low- or moderate-income household, provided the unit meets the requirements of the Local Initiative Program, 760 CMR 45-00, for listing on the Chapter 40B SUBSIDIZED HOUSING INVENTORY as provided for by G.L. c.40B, Sections 20-23. 17.3.4. Disposal of sewage. Adequate provision shall be made for the disposal of sewage, waste and drainage generated by the occupancy of such accessory unit in accordance with the requirements of the Board of Health. Connection to the to the municipal sewer system is required for property located in a designated sewer service area unless such connection imposes an undue economic hardship on the applicant, as determined by the Sewer Commission. Such determination shall be made prior to the application for a SPECIAL PERMIT, and evidence of same shall be included with such application. 17.3.5. Ingress, egress, access. Adequate provision, as determined by the BUILDING COMMISSIONER, shall be provided for separate ingress and egress to the outside of each unit. To the extent possible, exterior passageways and accessways shall not detract from the single-family appearance of the dwelling. An interior doorway shall be provided between each dwelling unit as a means of access for purposes of supervision and emergency response. All stairways to additional stories shall be enclosed within the exterior walls of the STRUCTURE. 17.3.6. Area limitation. Such accessory unit shall be limited to a maximum of 900 square feet in floor area. 17.3.7. Plans. Floor plans of the accessory unit and principal residence and a certified site . plan showing the dwelling unit on the LOT and its relationship to other STRUCTURES and premises within 200 feet of the LOT s ans. Floor plans of the accessory unit and principal residence and a certified site . plan showing the dwelling unit on the LOT and its relationship to other STRUCTURES and premises within 200 feet of the LOT shall be filed with the application for a SPECIAL PERMIT. 17.3.8. Parking. Provisions for off-street parking of residents and guests of both units shall be provided in such a fashion as is consistent with the character of the neighborhood, as determined by the Zoning BOARD OF APPEALS, which shall seek advice from the BUILDING COMMISSIONER 17.3.9. Special Permit. No building permit shall be issued in accordance with the SPECIAL PERMIT issued under this section until the SPECIAL PERMIT has been recorded in the Registry of Deeds by the applicant and evidence of such recording has been submitted to the BUILDING COMMISSIONER. 17.3.10. Occupancy permit; control. No occupancy of the additional dwelling unit shall take place without an occupancy permit issued by the BUILDING COMMISSIONER. 17.3.11. For an accessory dwelling unit authorized by the BOARD OF APPEALS as affordable housing unit, the BUILDING COMMISSIONER shall not issue an occupancy permit without evidence that an affordable housing USE RESTRICTION or deed rider has been recorded at the Registry of Deeds and the unit has been approved by the Department of Housing and Community Development for inclusion on the Chapter 40B SUBSIDIZED HOUSING INVENTORY. 17.3.12.Occupancy permits shall not be transferable upon change in ownership or change in occupancy y In such event, on affidavit hail be presented to the BUILDING COMMISSIONER attesting to the fact that the circumstances under which an occupancy permit was granted will in the future continue to exist. The owner of record is responsible for initiating each application to the BUILDING COMMISSIONER. Appropriate fees, as established and recorded, may be assessed for each such renewal review, investigation and processing. All documentation presente museums, and private schools, including preschools and colleges. 5.3.8. Membership clubs, lodges, social recreational and community center buildings and grounds for games and sports, except those having as a principal purpose any activity which is usually carried on as a business (fairs and public benefits excluded). 5.3.9. Municipal use authorized by Town Meeting. 5.3.10. Other government uses. 5.3.11. Telephone exchanges, provided that there is no service yard or garage. 5.4. Uses and Structures Permitted by Special Permit. In the Suburban-Residential District, the Planning Board may grant a special permit for the following uses except that where an accessory apartment or the conversion of a single-family to a multi-family dwelling is allowed by SPECIAL PERMIT, the Special Permit Granting Authority shall be the Board of Appeals in accordance with Article 17 Accessory Dwelling Units and Conversion of Existing Single-Family Dwellings: **Webmasters Note: The previous section has been amended as per an update approved at a town meeting held 5/15/06. 5.4.1. BED AND BREAKFAST. 5.4.2. A home occupation not otherwise permitted under Section 5.2 or 5.3. 5.4.3. The conversion of a single-family dwelling in existence for at least ten years prior to the application for a SPECIAL PERMIT to a two-family dwelling, subject to the regulations for ""Accessory Dwelling Units and Conversion of Existing Single Family Dwellings"" in Article 17 of this Bylaw. 5.4.4. One accessory dwelling unit in a single-family dwelling in existence for at least five years to the application for a building permit, subject to the regulations for ""Accessory Dwelling Units and Conversion of Existing Single-Family Dwellings"" in Article 17 of this Bylaw. 5.4.5. Public or semipublic institutions of a philanthropic or charitable character, nursing homes, acute care and rehabilitation facilities. 5.5. Prohibited Uses. 5.5.1. Use of a MOBILE HOME on a residential LOT. 5.5.2. Parks for MOB f a single-family dwelling in existence for at least ten years prior to the application for a SPECIAL PERMIT to a two-family dwelling, subject to ""Accessory Dwelling Units and Conversion of Existing Single-Family Dwellings"" in Article 17 of this Bylaw. 6.4.4. Home specialty retail. 6.4.5. Public or semipublic institutions of a philanthropic or charitable character, nursing homes, acute care and rehabilitation facilities. 6.4.6. Assisted living facility or CONGREGATE LIVING RESIDENCE for the elderly or disabled, subject to ""Regulations for Assisted Living Facilities and Elderly Housing"" at Article 16 of this Bylaw. 6.4.7. Open Space-Residential Development, subject to ""Open Space-Residential Development"" regulations at Article 15 of this Bylaw. 6.4.8 Cemetery **Webmasters Note: The previous subsection has been added as per an update approved at a town meeting held 4/30/07. 6.5. Prohibited Uses. 6.5.1. Use of a MOBILE HOME on a residential LOT. 6.5.2. Parks for MOBILE HOMES. 6.5.3. Outdoor storage of more than one unregistered motor vehicle for more than ninety days, except on a farm. 6.5.4. Auto dismantling, junkyards, privately developed and operated septage waste disposal/treatment facilities and refuse disposal facilities are expressly prohibited. 6.5.5. Any use not explicitly provided for in this Bylaw. 6.6. Dimensional and Intensity Regulations. No building or STRUCTURE shall be located, constructed, changed, enlarged or permitted and no use of premises in the Agricultural Residential District shall be permitted except in conformity to the intensity and dimensional regulations as set forth herein. If a LOT is determined by the rules of Article 14 to be within a Water Resources Protection Overlay District, then the more restrictive regulations of Article 14 shall prevail. 6.6.1. Minimum LOT AREA: 87,120 square feet (ft2) 6.6.2. Minimum nd is one that is usual to maintain in connection with the primary use of the LOT. ADULT USES (OR ADULT ENTERTAINMENT USES) shall include any or all of the following: 1. Adult Bookstore - An establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other matter which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in G.L. c. 272, Section 31.. 2. Adult Motion-Picture Theater - An enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in G.L. c. 272, Section 31. 3. Adult Paraphemalia Store - An establishment having as a substantial or significant portion of its stock-in-trade devices, objects, tools or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in G.L. c. 272, Section 31. 4. Adult Video-Store - An establishment having as a substantial or significant portion of its stock-in-trade videos, movies or other film material which is distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in G.L. c. 272, Section 31. AFFORDABLE HOUSING : As used in this Bylaw, ""affordable housing"" is sub-classified as ""low- and moderate-income housing"" and ""BELOW-MARKET housing,"" according to the following meanings: 1. LOW- OR MODERATE-INCOME housing: housing occupied by households with incomes at or below 80% of area median income, as determined and published from time to time by the U.S. Department of Housing and Urban Development. Low- and moderate-income housing must meet the requirements of the Local Initiative Program, 760 CMR 45.00, and be approved for inclusion in the SUBSIDIZED HOUSING INVENTORY under G.L. c.40B, Sections 2023, prior to the issuance of an occupancy permit. A housing unit will generally be c Are accessory or in-law apartments allowed (by right or special permit) in any district? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: (2) Granting Authority. When a five-member Planning Board has been designated as the special permit-granting authority, one associate member may be authorized for a one-year term. The Board of Selectmen shall authorize/appoint the associate member who, upon the designation of the Chairman of the Planning Board, shall sit on the Board for the purposes of acting on a special permit application in the case of absence, inability to act or conflict of interest on the part of any member or in the event of a vacancy on the Board. [Added 4-22-2003 ATM, Art. 8] D. Definitions. (1) General. (a) For the purposes of this bylaw, the following words and phrases shall have the following meanings, except that terms (including without limitation, appurtenant structure, base flood, development, flood, flooding, flood elevation determination, flood-prone area, flood-proofing mean sea level, mobile home, new construction, regulatory floodway, sand dunes, structure, substantial improvement and water surface elevation) used in Section 97-4E of this By-Law, including all sections thereof inclusive shall be as set forth in Section 1909.1, Subchapter B of Chapter X of Title 24 of the Code of Federal Regulations, a copy of which Section 1909.1 shall be kept on file with the Town Clerk, the Planning Board and the Building Inspector. (2) Written Definitions. ACCESSORY APARTMENT : one dwelling unit associated with a single-family dwelling which is subordinate to the principal unit. ACCESSORY STRUCTURE : A structure which houses or is being used for something other than an allowed principal use. ADULT ARCADE : an establishment or portion thereof where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five (5) or fewer persons each, are used to show films, motion pictures, video cassettes, computer displays, slides, or other photographic reproductions which are characterized by the depiction or description of ""Specified Sexual Activiti istry of Deeds in Salem prior to March 21, 1978, and otherwise met all of the applicable requirement of the Zoning By-Law in effect at the time it was recorded or registered. Notwithstanding any provisions of this By-Law, a single residence or any other permitted buildings or structures may be erected in the agricultural-residential district on any lot which has not less than 20,000 square feet, and was recorded at the Registry of Deeds in Salem prior to March 21, 1978, and otherwise met all of the applicable requirement of the Zoning By-Law in effect at the time it was recorded or registered. This provision shall not apply to the Plum Island Zoning District, which shall instead be governed by G. L. c.40A, s 6, Para 4. C. Customary home occupations: (1) Customary home occupations (such as professional and business offices, arts and crafts shops, tradesman's shops and miscellaneous repair services) may be conducted in a dwelling or building accessory thereto by a person residing on the premises are permitted provided that: (a) Such use is clearly incidental and secondary to the residential use; (b) Not more than two (2) persons other than the resident is9 regularly employed thereon; (c) No offensive noise, odors, glare or unsightliness is produced; (d) There is no public display of goods or wares except for such signs as are permitted; and (e) That there is no exterior storage of materials, equipment [including the parking of more than one (1) commercial vehicle] or waste material that would indicate the presence of the use or violate the residential character of the premises. D. Accessory Apartments in the Agricultural-Residential District. [Amended 10-24- 2006 STM by Art. 3] (1) Purpose and Intent: It is the intent of this article to allow accessory apartments for non-rental purposes, including kitchens, within single family properties in the Agricultural-Residential Distr ms in the accessory apartment. (h) The Accessory Apartment must be within or have a common wall and common interior door with the single-family dwelling unit. (i) The existing house and the accessory apartment shall comply with all applicable health, safety, building and other applicable codes in effect at the time of the granting of the special permit. (j) Utilities such as water, electric and gas necessary for the accessory apartment shall be extensions of the existing utilities serving the principal single-family dwelling. (k) A minimum of one parking space shall be required for the accessory apartment. Parking spaces shall be located so that both the principal dwelling unit and the accessory apartment shall have at least one parking space with direct and unimpeded access to the street without passing through a parking space designated to serve the other dwelling unit. (l) The accessory apartment shall not change the single-family characteristic of the dwelling except for the provision of an additional access or egress, subject to the following conditions and requirements: 1) all stairways to second or third stories shall be enclosed within exterior walls; 2) any new entrance shall be located on the side or on the rear of the building. F. Temporary Trailers and Mobile Homes. (1) Purpose and Intent: It is the intent of this article to provide for the temporary use and occupancy of trailers and mobile homes within the Town of Newbury, subject to the limitations below. (2) Allowed Use: A trailer or mobile home may be used on any lot as provided below: (a) The owner or occupier of a residence which has been destroyed by fire or natural disaster may place a mobile home on the site of such residence and may, by right, reside in such mobile home for a period not to exceed the shorter of eighteen (18) months or the life of the active building permit, not to excee ] (1) Purpose and Intent: It is the intent of this article to allow accessory apartments for non-rental purposes, including kitchens, within single family properties in the Agricultural-Residential District for the purpose of supplying accessory housing stock in owner-occupied properties within the Town of Newbury. (2) Allowed Use: A non-rental accessory apartment may be allowed upon issuance of a building permit by the Building Inspector subject to the conditions and requirements set out in this bylaw. (3) Accessory Apartment Applicability: The Building Inspector shall issue a building permit for an accessory apartment in a detached, one family dwelling in the Agricultural Residential District provided that the dwelling unit and the proposed apartment meet the following conditions and requirements. (a) The owner of the dwelling in which the accessory apartment is created, shall occupy either of the dwelling units in the located structure in question, with temporary absences of up to six months. (b) For the purposes of this section, the ""owner"" shall be one or more individuals residing in a dwelling unit, who holds title and for whom the dwelling is the primary residence for voting and tax purposes. (c) The gross floor area of the dwelling, including the basement shall be at least 1600 square feet. (d) The size of the accessory apartment shall not exceed 35% of the principal dwelling unit at the time of the granting of the special permit. (e) No more than one accessory apartment shall be allowed per residential lot. (f) There shall be no boarders or lodgers within either unit of a dwelling with an accessory apartment. (g) There shall not be more than two bedrooms in the accessory apartment. (h) The Accessory Apartment must be within or have a common wall and common interior door with the single-family dwelling unit. (i) The existing house and the access Subsection A above and upon which one single one family residence and such structures normally accessory to such single one family residence exist as of the date of the enactment of Subsection B shall nevertheless be deemed to comply with the provisions of the Zoning By-Laws so long as such single one family residence remains on such lot. E. Residential Limited Business. (1) Allowed Uses: (a) Limited business; (b) Single and two family residences; (c) Agricultural use; (d) Customary home occupation as provided for in section 97-10C; (e) Church or other religious purpose; (f) Educational purpose which is non-profit or public; (g) Uses customarily accessory to allowed uses. (2) Prohibited Uses: (a) Any use not herein expressly allowed shall be prohibited. (3) Uses By Special Permit: (a) In appropriate cases and subject to appropriate conditions, safeguards and limitations on time or use, the Selectmen may grant an applicant a special permit to make use of the land or erect and maintain buildings or other structures thereon in accordance with the provisions of Chapter 40A of General Laws, if such use, buildings or other structures are in harmony with the general purpose and intent of this By-Law and with the provisions stipulated in § 97-10.C(1) (c) (d) & (e) for the purpose of municipal uses; A library; a nursing or rest home; a hospital; a private club; or a doctor's, lawyer's, or similar professional office; provided the Selectmen find, after a Public Hearing of which due notice is given to any party in interest as defined in Section 11, of Chapter 40A of the General Laws, that the proposed use, building or structure is for the best interest of the Town, is not injurious or obnoxious to the neighboring properties, will satisfy a community need or convenience not otherwise being served, will not affect abutting and nearby properties by increasing traffic and on-street parking, and that nothing connected with the use, buildings or structure, such as machinery, vehicles, material, supplies, equipment and waste materials shall be stored between the stre Are accessory or in-law apartments allowed (by right or special permit) in any district? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: he FAR. Twice the number of bedrooms in the affordable units may be exempted from the total number of bedrooms in calculations pertaining to land area required per bedroom. (3) In any RS district: Developments may exempt twice the number of affordable dwelling units required by current zoning in Section 4.4.7 (a) and an equal number of additional market rate units when calculating the maximum number of dwelling units per acre. Concurrently, developments may exempt twice the number of affordable bedrooms required by current zoning in Section 4.4.7 (a) and an equal number of additional bedrooms when calculating the maximum number of bedrooms per acre. (4) In any R4 or BC district: The following requirements shall be substituted for the off street parking space requirements listed in Section 6.1.2 (f). Multifamily apartment or condominium complexes consisting of fifty (50) units or fewer, regardless of whether said units are contained within one (1) or more buildings or phases, shall provide a minimum of 2.0 spaces per unit inclusive of visitor parking. Multifamily apartment or condominium complexes consisting of greater than fifty (50) units shall provide a minimum of 1.8 spaces per unit inclusive of visitor parking. 4.11.7 Alternative Methods of Affordability (1) Section 4.11 mandates that affordable units shall be provided onsite. However, in certain exceptional circumstances the City Council may, at the formal written request of the developer, consider an alternative method of compliance. In granting such authorization, the City Council must find that the developer has demonstrated that building the required affordable units on-site would create a significant hardship, or that such alternate method of compliance is in the best interests of the City. A significant hardship shall be defined as being of such significance that the property cannot physically accommodate the required affordable units and/or related requirements, such as height, setbacks, or parking. To have such a request considered, the burden of proof shall be on the developers, who must make full disclosure to the City (d) Exterior changes shall be constructed in a manner that allows for the accommodation of the accessory living area, but also is constructed in a manner that maintains the appearance of the structure as a single-family dwelling. The primary entrance to the family dwelling shall be utilized by the accessory living area, with construction of a secondary access if needed. External reconstruction for the accessory living area must be consistent with the exterior of the larger dwelling. Scaled plans showing conversion or alteration of the single-family residence are required. (e) If an entrance is required for an accessory living area, it shall be located on the side or in the rear of the dwelling. (f) Owner occupied applicant for the accessory living area must certify that sufficient parking exists on the site. All parking is to be accommodated on site, except in the case where the person residing in the accessory living area does not drive or have a motor vehicle. A homeowner may add a maximum of two hundred (200) square feet of parking area within his or her lot. (Ord. of 7-7-94, § 3) (g) Under no circumstances shall the Special Permit be effective until the applicant is the owner of the property containing the Family Accessory Living Area. This provision would apply when the applicant presents a validly, executed purchase and sale agreement with the FALA application, where the applicant is designated as the buyer. **Webmasters Note: The previous subsection has been added as per an update adopted 9/11/03. 4.7.3 Procedure. (a) No accessory living area shall be constructed within a special permit granted by the city council and a building permit issued by the building inspector. (b) A certificate of occupancy shall be issued after the building inspector determines that the accessory living area is in conformity with the approved plans, the provisions of the ordinance, and all applicable codes. (c) Yearly certification from the owner occupied applicant that the family member still resides in the accessory living area is required every year. Once the family member leaves the accessory living area, it must be d for storage warehousing allowed by special permit and/or as of right shall be an exception to the foregoing. The following parking requirements shall substitute: There shall be provided not less than two (2) parking spaces for the caretaker quarters, if any, plus a minimum of four (4) additional spaces for use in connection with the on-site office. (Ord. of 10-1-81, § 7; Ord. of G-23-83, § 8; Ord. of 2-9-84, § 3; Ord. of 10-11-84, § 17; Ord. of 9-24-87, § 2; Ord. of 8-25-88, § G) (f) Residence districts and residential uses in business districts: R-1, R-1A, R-1B, R-2 and R-3: Two (2) for every family dwelling unit. R-4: Two (2) spaces for every family dwelling unit. (Ord. of 8-25-88, § 6) R-5: Two (2) spaces for every family dwelling unit. (Ord. of 5-10-84, § 3; Ord. of 8-25-88,§ 6) B-R: Two (2) spaces for every family dwelling unit. (Ord. of 8-25-88, § 6) B-C: Two (2) spaces for every family dwelling unit. (Ord. of 8-25-88, § 6) B-N: Two (2) spaces for every family dwelling unit. (Ord. of 8-25-88, § 6) B-N2: Two (2) spaces for every family dwelling unit. (Ord. of 8-25-88, § 6) In all R-4, R5, B-R, B-C, B-N and BN2 districts all multifamily apartment or condominium complexes in excess of four (4) dwelling units, regardless of whether said units are contained within one (1) or more buildings or phases, shall contain a minimum of one (1) visitor parking space for every three (3) dwelling units. Said space(s) shall be clearly designated as a visitor's parking space. (Ord. of 8-25-88, § 6) PRD: As required in section 4.4.9(a)(2). (Ord. of 10-11-84, § 18) MH: As required in section 4.4.3(e). (Ord. of 10-11-84, § 18) (g) Hotel, lodging, or rooming house: One (1) for every separate living unit (h) Convalescent or rest homes or similar institutions: One (1) for every three (3) beds and one (1) for every employee on the largest work shift. (Ord. of 5-22-80, § 3) (i) Industrial and other uses: One (1) for every one and one-half (1 1/2) persons employed or anticipated to be employed on the largest shift for all types of shop 4.7 FAMILY ACCESSORY LIVING AREAS/PURPOSE/REQUIREMENTS/PROCEDURE 4.7.1 Purpose. The requirements and procedures outlined in this section are not intended to encourage the public in acquiring variances to allow for the construction of larger dwellings for the use of accessory living areas, instead, they are intended to: (a) Assist families in Peabody to provide alternative housing options for their family members, not permanent housing, nor rental, but temporary housing to deal with family situations. (b) Create feasible housing alternatives for elderly people or other family members looking to stay in their homes, yet receive help they need for other family members, and to encourage a diverse population with a particular focus on young adults and senior citizens. (c) Increase the range of housing accommodations and encourage a more economic and energy efficient use of the city's housing supply while preserving the character of the city's single-family neighborhoods by establishing parking, size, and family member occupancy guidelines for the use of family accessory living area. (Ord. of 7-7-94, § 3) 4.7.2. Requirements. After a special permit has been approved by the city council, the special permit granting authority, the building inspector shall issue a building permit to create an accessory living area in any detached single-family dwelling provided that each of the following conditions and requirements is met: (a) An affidavit sworn under penalties of perjury, with proper documentation is required to certify that the accessory living area is for a family member. Family member shall constitute brothers, sisters, parents, grandparents, grandchildren and/or adult children. (b) Not more than one (1) accessory living area shall be located upon a single lot. (c) The size of the accessory living area shall not exceed the lesser of seven hundred (700) square feet or fifty (50) percent of the principal dwelling. (d) Exterior changes shall be constructed in a manner that allows for the accommodation of the accessory living area, but also is constructed in a manner that maintains the appearance of the structure as ly certification from the owner occupied applicant that the family member still resides in the accessory living area is required every year. Once the family member leaves the accessory living area, it must be discontinued. The building inspector will inspect abandoned accessory living areas, without the need of a warrant by providing reasonable notice to the owner occupied applicant on a yearly basis to make such [sure] they stay discontinued. (d) As per section 7.5 of the Peabody Zoning Ordinance and penalties of perjury, prosecution will be levied against a homeowner who continues to occupy an accessory living area after it has been decertified. (e) An owner occupied applicant is responsible for recording the first certification with the registry of deeds and providing the city with copies of documentation prior to receiving an occupancy permit. Any accessory living area without proper documentation recorded and filed with the city will be subject to fines as per section 7.5 of the Peabody Zoning Ordinance. This use shall expire upon terms established by the city council or upon the sale of the house whichever precedes. (f) Amnesty period is offered to those existing accessory apartment dwelling units one (1) year from the adoption of the family accessory living area ordinance. (g) There will be a seventy-five dollar ($75.00) fee for each yearly inspection. (Ord. of 7-7-94, § 3) 4.8 CONTINUING CARE RETIREMENT COMMUNITIES /REQUIREMENTS 4.8.1 Scope. Notwithstanding any other provision of this ordinance, the following provisions of this section 4.8 shall apply to all CCRCs and shall supersede any requirements of this ordinance which are inconsistent with them so that in the event of contradictory provisions within this ordinance concerning CCRCs, the provisions of this section 4.8 shall be deemed to govern. (Ord. of 3-19-98, § 3) 4.8.2 Multiple lots. In the event a CCRC is located on multiple lots which are contiguous to one another, the provisions of this Section 4.8 shall apply to the CCRC as if such multiple lots were a single lot for all purposes of this Ordinance (so that, for example, any setback, yard dept Are accessory or in-law apartments allowed (by right or special permit) in any district? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: ither unit is owner-occupied. 3433. Not more than one accessory apartment may be established on a lot. The accessory apartment shall not exceed 800 sq. ft. in gross floor space and shall be located in the principal residential structure on the premises; 3434. The external appearance of the structure in which the accessory apartment is to be located shall not be significantly altered from the appearance of a single-family structure. 3435. Sufficient and appropriate space for at least one (1) additional parking space shall be constructed by the owner to serve the accessory apartment. Said parking space shall be constructed of materials consistent with the existing driveway and shall have vehicular access to the driveway. 3440. Decision. Special permits for an accessory apartment may be granted by the Board of Appeals upon a finding that the construction and occupancy of the apartment will not be detrimental to the neighborhood in which the lot is located and after consideration of the factors specified in Section 9300 of this Zoning Bylaw, governing special permits. 3500. NONCONFORMING USES AND STRUCTURES 3510. Applicability. This Zoning Bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which this Zoning Bylaw, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder. 3520. Nonconforming Uses. The Board of Appeals may issue a special permit to change a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Board of Appeals: 3521. Change or substan mit shall be limited to five years, or the transfer of the property, whichever first occurs. 3326. does not include sales at retail of foods or materials unless such goods or materials are made on the premises and no more than 300 square feet shall be utilized for this purpose; unless otherwise allowed by the Table of Use Regualtions. 3400. ACCESSORY APARTMENTS 3410. Purpose. For the purpose of (a) providing small additional dwelling units to rent without adding to the number of buildings in the Town, or substantially altering the appearance of the Town, (b) providing alternative housing options for elder residents, and (c) enabling owners of single family dwellings larger than required for their present needs, particularly elderly homeowners, to share space and the burdens of home ownership, the Board of Appeals may grant a special permit in accordance with the following requirements. 3420. Procedure. Accessory apartments may be allowed by special permit, from the Board of Appeals, in accordance with the special permit process in this Zoning Bylaw, as set forth in Section 9300, and provided that each of the following additional criteria are met. 3430. Conditions. 3431. A plot plan of the existing dwelling unit and proposed accessory apartment shall be submitted to the Board of Appeals, showing the location of the building on the lot, proposed accessory apartment, location of any septic system or sewer line, private well or water line and required parking. 3432. One of the two dwelling units shall be occupied by the owner of the property, except for bona fide temporary absence(s). At the hearing on the application for the special permit, the applicant shall provide an affidavit of intent to occupy one of the two dwelling units. Any special permit for an accessory apartment shall lapse if neither unit is owner-occupied. 3433. Not more than one accessory apartment may be established on a lot. The accessory apartment shall not exceed 800 sq. ft. in gross floor space and shall be located in the pri ny use permitted as a principal use is also permitted as an accessory use provided such use is customarily incidental to the main or principal building or use of the land. Any use authorized as a principal use by special permit may also be authorized as an accessory use by special permit provided such use is customarily incidental to the main or principal building or use of the land. Any use not allowed in the district as a principal use is also prohibited as an accessory use. Accessory uses are permitted only in accordance with lawfully existing principal uses. In all instances where site plan review and approval is required for a principal use, the addition of any new accessory use to the principal use, where such addition exceeds the thresholds established in Section 9400, shall also require site plan review and approval. 3230. Residential Accessory Uses The following accessory uses are specifically permitted as of right or through a Board of Appeals Special Permit in the Residence Districts, as set forth herein, and shall be maintained in a safe and sanitary manner: 3231. Boarders in Single-Family Dwelling. The renting of rooms and/or furnishing of board to not more than two persons in a single-family dwelling by the owner/occupant thereof shall be a permitted accessory use. The renting of rooms and/or furnishing of board to three or four persons in a single-family dwelling by the owner/occupant thereof shall be allowed as an accessory use upon the grant of a special permit. The renting of rooms and/or furnishing of board to four or more persons shall be deemed a boarding house subject to the provisions of the Table of Use Regulations. 3232. Contractor's yard for the storage of building materials or equipment; provided a special permit is granted. 3233. Commercial landscaping equipment, materials, supplies; provided a special permit is granted. 3234. The overnight parking of commercial vehicles owned or operated by a resident of the premises, subject to the following limitations; nothing herein erials, supplies; provided a special permit is granted. 3234. The overnight parking of commercial vehicles owned or operated by a resident of the premises, subject to the following limitations; nothing herein shall be construed to authorize a business at the location where such vehicles are parked overnight: a. one or more commercial vehicle less than 15,000 gvw are allowed as of right; b. one commercial vehicle of more than 15,000 gvw but less than 35,000 gvw is also allowed as of right; c. more than one commercial vehicle of more than 15,000 gvw but less than 35,000 gvw is allowed by special permit; d. any commercial vehicle larger than 35,000 gvw is allowed by special permit. 3240. Prohibited Accessory Uses. The following accessory uses are prohibited: 3241. Unregistered Motor Vehicles. Not more than one (1) unregistered motor vehicle or trailer or major part(s) thereof, except for farm vehicles, shall remain ungaraged upon any premises at any time unless under a Class 1 or Class 2 license for sale of motor vehicles. No unregistered motor vehicle may be stored or maintained upon any premises within fifty (50) feet from a street, public way or way laid out on a recorded plan. 3242. Residence Districts. In the Residence Districts, the following accessory uses are prohibited: a. Commercial kennels; b. Commercial auto repair or service. 3300. HOME OCCUPATIONS 3310. Home Occupation - As of Right. A home occupation may be allowed as of right, provided that it: 3311. is conducted solely within a dwelling unit or in a building or other structure accessory thereto, and solely by the person(s) occupying the dwelling as a primary residence; 3312. is clearly incidental and secondary to the use of the premises for residential purposes; 3313. does not produce offensive noise, vibration, smoke, dust, odors, heat, lighting, electrical interference, radioactive emission or environmental pollution in accordance with the provisions of Section 5500; 3314. does not utilize exterior storage of ma SECTION 3000. USE AND TIMING REGULATIONS 3100. PRINCIPAL USES. No land shall be used and no structure shall be erected or used except as set forth in the following Table of Use Regulations, including the notes to the Schedule, or as otherwise set forth herein, or as exempted by General Laws. Any building or use of premises not herein expressly permitted is hereby prohibited. 3110. Symbols. Symbols employed in the Table of Use Regulations shall mean the following: Y.Permitted as of right N.Prohibited BA Special Permit/Board of Appeals PB Special Permit/Planning Board BOS Special Permit/Board of Selectmen 3120. If Classified Under More than One Use. Where an activity may be classified as more than one of the principal uses listed in the Table of Use Regulations, the more specific classification shall determine permissibility; if equally specific, the more restrictive shall govern. 3130. Table of Use Regulations. SEE APPENDIX A. 3200. ACCESSORY USES 3210. Permitted Accessory Uses in All Districts The following accessory uses are specifically permitted as of right or by special permit: 3211. Accessory Scientific Uses. Uses, whether or not on the same parcel as activities permitted as a matter of right, which are necessary in connection with scientific research or scientific development or related production, may be permitted upon the issuance of a special permit by the Board of Appeals, provided that the Board finds that the proposed use does not substantially derogate from the public good. 3212. Family Day Care Homes. Small family day care homes, are allowed as an accessory use as of right in all districts. Large family day care homes are allowed in all districts only upon the issuance of a special permit by the Board of Appeals. 3220. Nonresidential Accessory Uses. Any use permitted as a principal use is also permitted as an accessory use provided such use is customarily incidental to the main or principal building or use of the land. Any use authorized as a principal use Are accessory or in-law apartments allowed (by right or special permit) in any district? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: ithin the Table, all uses are assumed to be: 1) Principal uses as defined in Article 2 of this Ordinance. Accessory uses (also defined in Article 2) customarily associated with a given principal use shall be permitted by right in conjunction with such permitted principal use, unless stated otherwise in the Table (in particular, see categories 4 and 16 of the Table, which regulate certain accessory uses). 2) Conducted within an enclosed building, with the exception of: A. Parking and loading; B. Storage of equipment and materials, provided the screening requirements of Article 10 are met; C. Temporary outdoor display of products and merchandise during operating hours is allowable, notwithstanding the need for license from the Board of Aldermen or any other applicable City agency. NOTE:§7.11 was amended by Ordinance 2000-8 on May 25, 2000. SECTION 7.11 TABLE OF PERMITTED USES Adopted 03/23/90; as amended through 03/11/03 ,,,,,,,,DISTRICT,,,,,,,, PRINCIPAL USE (unless specified otherwise),RA,RB,RC,NB,CBD,BA,BB,BPA,IA,IB,IP,IPA,os,UN,PUD-A PUD-B,Legislative Notes 1. RESIDENTIAL USES,,,,,,,,,,,,,,,(12)* (12)*,Sec. 7.11 amended by Ord. 2000-8 on 5/25/00. a. 1 and 2 family dwelling units (1)*,Y,Y,Y,Y,Y,Y,Y,-,,,,,,Y,- SPSR,Sec. 7.11.1.a amended by Ord. 2002-4 on 4/25/02 b. 3-family dwelling units (1)*,-,Y,Y,Y,Y,Y,Y,,,,,,,,SPSR,Sec. 7.11.1.b amended by Ord. 2002-4 on 4/25/02 *See Footnotes Section 7.12 C. Dwellings, multiple 4-6 units Y SP SP Y Y SPSR SPSR ,,,,,,,,DISTRICT,,,,,,,, PRINCIPAL USE (unless specified otherwise),RA,RB,RC,NB,CBD,BA,BB,BPA,IA,IB,IP,IPA,os,UN,PUD-A PUD-B,Legislative Notes 7 or more units,-,,SPSR,SPSR,SPSR,SPSR,SPSR,-,,,,,,,SPSR SPSR, *See Footnotes Section 7.12 d. Town houses ,,,,,,,,DISTRICT,,,,,,,, PRINCIPAL USE (unless specified otherwise),RA,RB,RC,NB,CBD,BA,BB,BPA,IA,IB,IP,IPA,os,UN,PUD-A PUD-B,Legislative Notes 2 units (1)*,Y,Y,Y,Y,,Y,Y,-,,,,,,Y,SPSR SPSR, 3 units (1)*,-,Y,Y,Y,,Y,Y,-,,,,-,-,-,SPSR SPSR, 4-6 units,-,-,Y,SP,SP,SP,SP,,,-,-,-,-,-,SPSR SPSR, 7 or more units,,-,SPSR,SPSR,SPSR,SPSR,SPSR,,,,,,,,SPSR SPSR, ""e. Mobile homes in service on a temporary basis, for less than one year (2)*"",SP,SP,SP,SP,,SP,SP,-,,,,,,SP,, ARTICLE 7: PERMITTED USES Section 7.1. Applicability. No land shall be used and no structure shall be erected or used except in compliance with the provisions of this Ordinance and as set forth in the TABLE OF PERMITTED USES, or as permitted by Article 4, Nonconforming Uses and Structures. Nothing contained in this Article will be construed to apply to uses of land or structures used for educational or religious purposes if doing so would violate MGL Chapter 40A, Section 3. Section 7.2. Principal Structure. In Residence A and Residence B districts, no more than one principal structure per lot shall be permitted except by special permit with site plan review as authorized by the SPGA in Section 5.2. See Section 9.9 regarding access requirements for buildings. Section 7.3. Maximum Dwelling Units Per Lot In Residence A districts, the maximum number of dwelling units per lot shall be two (2) units, except where conversion for up to three (3) dwelling units is authorized by special permit under Section 7.11. In Residence B districts, the maximum number of dwelling units per lot shall be three (3) units. In Residence A and Residence B districts, where developments include a minimum of ten percent (10%) affordable housing units on-site, but in no case less than one (1) affordable unit, as defined by Section 2.2.4., the above standards may be waived by the SPGA through application for special permit with site plan review. In all cases, the minimum lot area per dwelling unit and other dimensional and parking requirements of Article 8 and Article 9 shall be met. Section 7.4. Lots in Two Districts. Land in a more restrictive zoning district may supply space for a use permitted in a less restricted zoning district if the use of the land in the more restrictive district satisfies space and passive use requirements (such as setbacks, landscaping or parking) that are not prohibited in the more restrictive district. Section 7.5. Lots in Two or More Municipalities. When a lot in single ownership is situated in part in the City of Somerville and in part in an adjacent city or town, the regulations and restrictions of this Ordinance shall be applied to that portion of such lot as lies in the City of Somerville in the same manne ion or other in-lieu means of compliance with this Article may be approved by the SPGA only in strict accordance with the provisions of this Article authorizing such alternative means. Section 13.2. Applicability. The provisions of this Article shall apply to all residential developments seeking special permits with site plan review to develop eight (8) or more dwelling units, whether new construction, substantial rehabilitation, Planned Unit Development, residential conversion, or adaptive reuse. Developments shall not be segmented or phased in a manner to avoid compliance with these provisions. No provisions of this Article shall substitute for any other provisions of this Ordinance. Nothing contained in this Article shall be construed to apply to the use of land or structures for religious or educational purposes in the University District or in any other district if doing so would violate the applicable provisions of M.G.L. Chapter 40A, Section 3. NOTE: § 13.2 was amended by Ordinance 2000-5 on September 28, 2000 and Ordinance 2000-8onMay25, 2000. Also: § 13.2 was amended by Ordinance 2002-4 on April 25, 2002. Section 13.3. General Requirements. NOTE: § 13.3 was amended by Ordinance 2000-5 on September 28, 2000. 13.3.1. Implementation Plan. Those developers seeking special permits with site plan review for projects subject to compliance with this Article shall submit a full, written proposal of the methods to be used in providing affordable dwelling units that conform with all requirements herein. At the time of application for a special permit with site plan review for inclusionary housing, the applicant shall submit, for SPGA review and approval, an implementation plan in accordance with the Rules and Regulations established under Section 13.7.1., and shall include, at minimum: a) the methods of disposition of the affordable housing units, b) provisions for the selection of buyers or tenants of the affordable units, c) plans for income verification of tenants and/or buyers, d) plans for management of units, particularly with respect to maintenance and ensurance of long-term a of low-income affordable units will be maintained in the development and made available for sale to low moderate and moderate-income households as defined in this Ordinance NOTE: § 13.3.5.8 was amended by Ordinance 1991-1 on January 10,1991. 13.3.6. Long-term Affordability. Units required by and provided under the provisions of this Article shall remain affordable to the designated income group in perpetuity, or for as long as legally permissible. Sales prices, resale prices, initial rents, and rent increases for the affordable units shall be restricted by legally permissible instruments such as, but not limited to, deed covenants or restrictions, contractual agreements, or land trust arrangements to ensure long-term affordability and compliance with this Article. The SPGA, or its designee (Office of Housing and Community Development or other entity), shall require that buyers or lessees of affordable units meet income and other certification requirements initially and then upon any subsequent resale or renewal of lease terms (at least annually), with income based on the provisions of Section 13.3.2. The SPGA or its designee may require a developer or property owner renting directly to low and low moderate-income tenants to submit an annual statement and documentation as to the rental income derived from the affordable housing units. In the longer term, a developer or owner shall be responsible for reporting compliance to the enforcement entity(-ies) established per Section 13.7.1. of this Article. The SPGA shall administer these provisions through Rules and Regulations established under Section 13.7.1. herein. Section 13.4. Alternative Methods of Compliance. 13.4.1. Establishment and Finding of Need. Though it is intended that affordable units be included on-site in a subject development, the SPGA may authorize or require that the provisions of this Article be met through an alternative method(s) of compliance in cases where there is establishment of a need(s) including, but not limited to: a) a finding that provision of on-site units is not in the best interest of the City and low/moder w, or Planned Unit Development review. A by-right use must, however, comply with applicable dimensional standards of this Ordinance. NOTE: §2.2.25 was amended by Ordinance 1991-1 on January 10, 1991. 2.2.26. CARPORT . A roofed structure, unenclosed on two or more sides, which may serve as a shelter for motor vehicles. 2.2.27. CELLAR . See ""Basement."" 2.2.28. CHANGE IN USE . A change in type of use of a structure or land, whether temporary or permanent, which would fall into a different category in the Table of Uses, shown therein as an enumerated or lettered line item separate from the enumerated or lettered line item that categorizes the previous (existing) use. 2.2.29. CLINIC . A place for the examination and treatment of persons as outpatients by more than one physician or dentist or other health professional. 2.2.30. COMMERCIAL . See ""Business"". 2.2.31. COMMUNITY OR GROUP RESIDENCE . A residential use of four (4) or more unrelated individuals occupying a dwelling unit and living as a single housekeeping unit, if said occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. This act defines ""handicap"", with respect to a person, as: 1) a physical or mental impairment which substantially limits one or more of such person's major life activities, 2) a record of having such an impairment, or 3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance. NOTE: The current ""Community or Group Residence"" definition under §2.2.31 was adopted by Ordinance 1991-10, on August 22, 1991. This replaced the previous definition and previous ""Appendix A""of the SZO. 2.2.32. CONGREGATE HOUSING . A form of housing in which each individual or two (2) person family is provided with separate quarters which contain living and sleeping space and which may contain kitchen and bath facilities. Each such living space shall be considered the equivalent of one (1) dwelling unit. Such housing shall also contain common din Are accessory or in-law apartments allowed (by right or special permit) in any district? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know" "[INST] Context: ARTICLE 5. DEFINITIONS For the purpose of this ordinance and unless the context of usage clearly indicates another meaning, the following terms shall have the meanings indicated herein; words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the words ""used"" or ""occupied"" include the words ""designed"", ""arranged"", ""intended"", or ""offered"", to be used or occupied; the words ""building"", ""structure"", ""lot"", ""land"", or ""premises"" shall be construed as though followed by the words ""or any portion thereof"", and the words ""shall"" is mandatory and directory, and ""may"" is permissive. Any word indicating gender, such as he or she, shall be construed to mean both genders. Terms and words not defined herein but defined in the Commonwealth of Massachusetts Building Code shall have meanings given therein unless a contrary intention clearly appears. Words not defined in either this ordinance or the State Building Code shall have the meaning given in the most recent edition of Webster's Unabridged Dictionary. Uses listed in the Table of Use Regulations under the categories ""Commercial"" and Industrial"" shall be defined by the Standard Industrial Classification Manual published by the U.S. Bureau of Census. The defined words and phrases are as follows: ACCESSORY APARTMENT shall mean a separate, complete dwelling unit which is; (a) contained substantially within the structure of a one-family dwelling unit, is served by a separate entry/exit and can be isolated from the principal one family dwelling unit, or (b) contained entirely within an accessory building located on the same lot as a one-family dwelling. ACCESSORY BUILDING OR STRUCTURE shall mean a building or structure incidental and subordinate to a principal building or structure and customarily used to serve the purposes of that principal building. A building is accessory only where a principal building exists on the same lot. ACCESSORY USE shall mean a use customarily incidental to and located on the same lot with the principal use. ADULT B b) above. (c) Parking or outside storage not capable of being located and screened as required by 4.1.1 (b) above. (d) Parking of vehicles other than as allowed under 4.1.1 (d) above. (e) Activity likely to result in more traffic allowed under 4.1.1 (e) above. (f) Use of an existing accessory structure for other than parking or incidental storage. (g) Storage or equipment or materials on premises other than the residence of the operator. Such special permit shall be granted only if the Board of Appeals determines that the activities will not create hazard, disturbance to any abutter, or injury to the neighborhood, and will not create unsightliness visible from any public way or neighboring property. Such special permit shall impose conditions and limitations as necessary to protect abutting properties and the public, including the limitation that the home occupation authorized by the special permit may not be transferred to a different operator without a new special permit, that the occupation shall be subject to compliance review by the Building Inspector at periods specified in the special permit, and that such special permit may be revoked by a majority vote of the Board of Appeals at any time after notice and hearing, upon the Board's determination that the terms of the special permit are being violated. 4.1.3 Enforcement (a) A certificate of Use and Occupancy must be obtained from the Building Inspector indicating compliance with these requirements prior to initiation of a home occupation. (b) Any person may request enforcement of these provisions by the Building Inspector where a violation is believed to exist, as provided in Chapter, 40A, section 7, Massachusetts General Laws, as amended, and if dissatisfied with the outcome, such person may bring an appeal to the Board of Appeals for hearing and action as provided in Chapter 40A, section 8, Massachusetts General Laws, as amended. 4.2 MULTIFAMILY DEVELOPMENT 4.2.1 Procedures Applications for a special permit for multifamily dwellings shall be ac ARTICLE 4. SPECIAL REGULATIONS 4.1 HOME OCCUPATIONS 4.1.1 Allowed Occupations Home occupations shall be allowed without need for a special permit only if meeting all of the following: (a) The occupation shall be operated by a person residing on the premises. At no time shall there be more than one employee present on the premises who is not also a resident thereon. (b) There shall be no evidence of the occupation through persistent or excessive sound, or through vibration, smell, or sight discernible at the boundaries of the premises, except for a sign as permitted by Section 3.1 or for display of produce raised on the premises. (c) Any exterior storage of materials or equipment or business-related parking shall be so located and so screened (through location, grade, or vegetative screening), as to be in compliance with (b) above. (d) Not more than two vehicles requiring registration as taxis, buses, or commercial vehicles shall be regularly parked outdoors on the premises. (e) Traffic generated shall not be more disruptive to the neighborhood than traffic normally resulting from residential development considering volume, type, hours, and other traffic characteristics. The occupation shall be conducted within a dwelling, with no use of accessory structures except for parking or incidental storage in an existing accessory structure. 4.1.2 Occupation on Special Permit A special permit from the Board of Appeals may authorize any or all of the following for a home occupation: (a) Employment on the premises of two or more persons not resident thereon. Not more than there such persons shall be authorized except when, because of the circumstances of the location or the occupation, such additional employment will not adversely affect the neighborhood. (b) Reasonable modification of the limitation in 4.1.1 (b) above. (c) Parking or outside storage not capable of being located and screened as required by 4.1.1 (b) above. (d) Parking of vehicles other than as allowed under 4.1.1 (d) above. (e) A consistent with the rate of residential growth over the last seven (7) calendar years, to phase growth so that it will not unduly strain the community's ability to provide basic public facilities and services, to provide the town, its boards and its agencies information, time, and capacity to incorporate such growth into the Master Plan for the community, as may be amended, and to preserve and enhance existing community character and the value of property. 4.3.2 General. Beginning on May 11, 1998, building permits for not more than thirty (30) dwelling units shall be issued in each of the fifteen full calendar years following said date, for the construction of new residential dwelling in the town of Sterling. This provision shall apply to any tract of land divided pursuant to any provision of G.L. c.41, ss.81K - 81GG, the Subdivision Control Act subsequent to such date. This provision shall apply to any proposed division or combination of properties which were in the same ownership and contiguous as of such date. For the purposes of this section, an accessory apartment pursuant to Section 2.3.4 shall constitute a dwelling unit. 4.3.3 Procedures. Any building permits issued shall be issued in accordance with the following procedures: 1. The Building Inspector shall act on each permit in order of submittal. Any permit application that is incomplete or inaccurate shall be returned to the applicant and shall require new submittal. 2. The Building Inspector shall mark each application with the time and date of submittal, and shall act on each application in a timely manner. 3. At the end of the calendar year in which this by-law is in effect, the Building Inspector shall retain all applications for which a building permit has not been issued. Upon being informed in writing by the applicant before the tenth of January of the succeeding calendar year that the applicant desires the application to remain in effect, the Building Inspector shall treat said application in accordance with subsection 4.3.3(1), above. 4.3.4 Special Permi N.-An excluded or prohibited use SP -A use authorized under special permit from the Board of Appeals as provided under Section 6.3 PB - A use authorized under special permit from the Planning Board as provided under Section 6.3 2.2.2 Applicability. When an activity might be classified under more than one of the following uses, the more specific classification shall govern; if equally specific, the more restrictive shall govern. 2.2.3 Accessory Buildings and Uses. Allowed accessory uses are limited to (a) uses customarily accessory and incidental to permitted principal uses, and (b) uses that are permitted as principal uses within the zoning district and that are clearly subordinate and incidental to the principal use on the lot. Accessory uses are permitted only in accordance with lawfully existing principal uses; provided, however, that uses accessory to principal uses which are nonresidential in nature shall be permitted only upon the issuance of a special permit by the Planning Board. An accessory use may not, in effect, convert a principal use to a use not permitted in the zoning district in which it is located. Where a principal use is permitted under special permit, its accessory use is also subject to the special permit. In all instances where site plan review and approval is required for a principal use, the addition of any new accessory use to the principal use, where such addition exceeds the thresholds established in Section 6.4, such addition such also require site plan review and approval. 2.2.4 Non-conforming Uses and Structures. 1. Applicability. This zoning by-law shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c.40A, s.5 at which this zoning by-law, or any relevant part thereof, was adopted. Such prior, lawfully existing non-conforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder. 2. Non-conforming Uses. The Board of Appeals may award a special permit to change a non-conforming use in accordance with this section on Are accessory or in-law apartments allowed (by right or special permit) in any district? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: , the permit shall lapse, and be null and void. if occupancy of the said additional living area is then desired by another family member of the owner or owners, a new application for a Special Permit authorizing such occupancy shall be made. It is the intention of this provision that such additional living area shall not be used as an apartment for hire, but only as a convenience for a member of the owner's family, under special circumstances. Adopted Special Town Meeting, April 25,1983. Art. 40. TRAILER : Any vehicle which is immediately portable, and is arranged, intended, designed, or used for sleeping, eating, or temporary business use in conjunction with construction, or is a place in which persons may congregate including a house trailer or camper. Trailer and Recreational Vehicle: A vehicular, portable structure built on a chassis, designed as a temporary dwelling for travel, recreation and/or vacation. Added by action of Town Meeting, April 24,1978, Article #60. USE : The purpose for which a structure or lot is arranged, designed, or intended to be used, occupied, or maintained. USE, ACCESSORY : A use incidental and subordinate to the principal use of a structure or lot, or a use, not the principal use, which is located on the same lot as the principal structure. Accessory use by area shall be interpreted not to exceed 40 percent of the area of the total use of the structure or lot on which it is located, but this area limitation shall not be applicable either to: (i) accessory off-street parking and loading spaces, whether or not in excess of that required in Section VIII, (ii) Accessory filling of water, wet area or depression, or (iii) accessory removal of gravel, sand, or other earth material incidental to and in connection with the construction of a building or a lot. Amended by action of Town Meeting, April 28,1980, Article #6. USE, NONCONFORMING : A use lawfully existing at the time of adoption of this By-Law or any subsequent amendment thereto, which does not conform to one or more provisions 10% percent of thy total number of dwelling units at any one time be units of 3 or more bedrooms; b) Multistory parking structures, provided that the structure complies with the design standards for parking structures identified in this by-law, as amended; c) Artist studio/residence; d) Retail stores and offices including, but not limited to salesrooms and showrooms, consumer service establishments, business and professional offices, executive and administrative offices, banks and other financial institutions; e) Drive-in automatic teller machines only if located in a secondary ""kiosk"" style building that is detached from the principle building on the site and the principle building includes 2 or more stories; f) Restaurant and other on-premises eating and drinking establishments. [4.2] Prohibited Uses a)The following uses are prohibited in the Overlay District: i) Adult Entertainment Establishment; ii) Drive-in establishments other than those described in the permitted uses section of this by-law; iii) Funeral establishments; iv) Animal or veterinary hospital; v) Sale of new or used automobiles and trucks, automobile tires and other accessories, aircraft, boats, motorcycles, and household trailers; vi) Automotive repair, automobile service station or garage, including the sale of gasoline; vii) Storage trailers and outdoor storage of goods associated with a commercial use; viii) Dwelling units located below ground level. b)Within SCMUOD Area B, the following uses shall be prohibited: i) Retail ii)Eating and Drinking Establishments [4.3] Special use provisions: Ground floor uses a) Ground floors of buildings fronting streets or public access ways shall be reserved for commercial uses except as specified below. b) Dwelling units shall be allowed on ground floors of buildings only where: the building i SECTION VI DIMENSIONAL AND DENSITY REGULATIONS A. Applicability of Dimensional and Density Regulations. The regulations for each District pertaining to minimum lot area, minimum lot frontage, minimum lot depth, minimum front yard depth, minimum side yard depth, minimum rear yard depth, maximum height of buildings, maximum number of stories, maximum building area, minimum open space shall be specified in this Section and set forth in the Table of Dimensional and Density Regulations, and subject to the further provisions of this Section. B. Table Of Dimensional And Density Regulations. See Table on accompanying pages plus attached notes, which is declared to be a part of this By-Law. C. Reduction of Lot Areas: The lot, yard areas or open space required for any new building or use may not include any part of a lot that is required by any other building or use to comply with any provisions of this By-Law, nor may these areas include any property of which the ownership has been transferred subsequent to the effective date of this By-Law, if such property was a part of the area required for compliance with the dimensional regulations applicable to the lot from which such transfer was made. D. Separation of Lots. Lots shall not be so separated or transferred in ownership so as not to comply with the provisions of this by-law. E. Buildings in Floodway. A building shall not be erected in a floodway or any area subject to periodic flooding, except if the first floor elevation is higher than the highest flood recorded, unless such flood elevation shall have been reduced by construction of dams at headwaters, or by other means. F. Accessory Buildings and Structures. In ""R"" and ""B"" Districts, a detached accessory building or structure shall conform to the following provisions: it shall not occupy more than 25 percent of the required rear yard; it shall be set back from the street line the required front yard distance for the zone in which it is located; it shall not be less than 5 SECTION V USE REGULATIONS A. Applicability of Use Regulations. Except as provided in the Zoning Act or in this by-law, no building, structure, or land shall be used except for the purposes permitted in the district as described in this Section. Any use not listed shall be construed to be prohibited. B. Permitted Uses. In the following Table of Use Regulations the uses permitted by right in the district shall be designated by the letter (P). Those uses that may be permitted as an exception by special permit in the district, in accordance with Section X-K, shall be designated by the letter (S). Uses designated (-) shall not be permitted in the district. C. Uses Subject to Other Regulations. Uses permitted by right or by special exception shall be subject, in addition to use regulations, to all other provisions of this by-law. D. Table of Use Regulations. See table of accompanying pages which is declared to be part of this by-law. TABLE OF DIMENSIONAL AND DENSITY REGULATIONS District,Use,Minimum l ol Area (sq ft ),Minimum I of Width (ft),Minimum of Frontage (ft),Minimum of Depth (f) ),Minimum Front (II),Yard Side (ft),Rear (ft,Maximum Height (f) ),Maximum Stories (No ),Maximum Building Area (%),Minimum Open Space (%) R M,Multi Family Apartment House Multi family Row House (Town House Condominium) Two Family Dwelling Any other permitted use (5),2 000 sq ft per dwelling unit + 2 000 sq ft per bedroom per dwelling unit (7),150(5) 100(5),150(5) 100(5),80,25,10(2),30,40,4,- 30,30 10) RU,Two Family Dwelling,35 000 (7),120(5),120,100,25,15(1),40,35,25,30,50 ,Single Family Dwelling,25 000(7),80,80 (5),80,25,15,40,35,25,30,50 ,Any other permitted use,35 5000(7),120(6),120(G),80,25,15,40,35,25 5,30,50 10) RC,Any permitted use,40 000(7),100,100(5),120,35,15,40,35,3,25,50 10) RB,Any permitted use,55 000(7),125,125(5),140,40,20,40,35,25,20,50 10) RA,Any permitted use,""55,000 (9)"",150,150(5),180,40,20,50,35,2 5,20,50 CBU,Any permitted use,2 500,20,20,75,0,0,10,40,3,90,0 GB,Any permitted use,10 000 (7),50,50,75,15,5,30,40,3,70,10 NB,Any permitted use,10 000 (7),50,50,75,15,5,30,30,2 5,50,20 HB,Hotel and Molel,20 000 + 3 000 per unit (7),80,80,100,20,15,40,40,4,40,30 ,Any permitted use,20 000 (7),80,80,100,20,15,40,85(8),6(8),40,30 I Amended,Any permitted use by action of Town Meeting April 30,80 000 (7) 1979 Article 27,125,150,125,25,20,40,40,4,50,25(3) R M Previous amendment voted June 17 1981 Article 16 (7) Amended by action of Special Town Meeting November 12 1996 Article 6 (8) Amended by action of Special lown Meeting on May 5 1997 Article #9 ID 29 (6) Amended by action of Annual Town Meeting April 24 1989, Article 42 Are accessory or in-law apartments allowed (by right or special permit) in any district? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know" "[INST] Context: eafter, by the City Clerk. Upon re-application by the record owner, the City Clerk shall review the Permit only if the conditions which led to its original granting still exist and all other requirements which apply to an original application are met. The City Clerk may consult the Building Inspector, the Planning Department, or other appropriate City agency with concern to the re-application process described above. 11.The temporary Conditional Permit for an accessory apartment, and any renewal of said temporary Conditional Permit, shall terminate: 1. Upon the death of the designated occupant; or 2. Upon the change of residence of the designated occupant; or 3. Upon the transfer of ownership of the premises, if such transfer is unrelated to the issuance of the temporary Conditional Permit; or 4. Upon the expiration of the permit period set forth above. The City Clerk shall notify the Building Inspector of any change of occupancy. Following termination of said temporary Conditional Permit, the designated occupant (of the accessory apartment) shall have ninety (90) days to relocate; the kitchen built as a result of the temporary Conditional Permit shall be removed by the owner ninety (90) days after the designated occupant leaves. The house will then revert to a single-family residence. 1. - 11. Rev. 6-26- 87) Commercial Mobile Radio Service transmission facilities, structures, and/or towers are allowed by Special Permit (Ord. No. 115, 6-11-96). D Special Provisions for Congregate Housing for Elderly and/or Permanently Disabled 1. A Special Permit may be granted by the Planning Board in any Residential District for ""Congregate Housing for Elderly and/or Permanently Disabled"" to permit the following: All residential developments associated with Congregate Housing for Elderly and/or Permanently Disabled, Commercial uses associated with the functioning of Congregate Housing subject to specific, special requirements listed in Section 29- 24.C. below. 2. Building and Area Requirements a. Minimum lot area: 20 acres b. Minimum C Special Provisions for Accessory Apartments Notwithstanding provisions in this Chapter to the contrary, the Zoning Board of Appeals may consider the granting of a temporary Conditional Permit use for the alteration of an existing, single-family residence to include an Accessory Apartment in any residential zone, subject to the following provisions: 1. An accessory apartment may be permitted to accommodate a person to live in proximity to, but with independence from, a relative. 2. The application shall designate the individual who is to occupy the accessory apartment. The temporary Conditional Permit shall be issued to the owner of the property. 3. The alterations shall be limited to only one building, which shall be the main building on the property, and any major changes shall be within the existing structure. 4. There shall be no more than two (2) dwelling units on said property, including an accessory apartment. 5. The owner of record shall reside in one of the two dwelling units, which shall be said owner's principal residence. 6. Both the existing dwelling unit and the accessory apartment shall comply with the minimum size requirements mandated by this Ordinance. 7. The accessory apartment shall be a self-contained dwelling unit with separate cooking, sanitary and sleeping facilities for the exclusive use of the designated occupant. 8. The dwelling unit shall have only one front entrance, when practical. 9. The two dwelling units shall contain no more than four (4) bedrooms and one (1) bedroom, respectively, unless the existing single-family residence has more than five (5) bedrooms, in which case the existing number of bedrooms shall be maintained as the total of both units. 10. The temporary Condition Permit, if granted, shall run for a period of four (4) years and may be renewed every four (4) years thereafter, by the City Clerk. Upon re-application by the record owner, the City Clerk shall review the Permit only if the conditions which led to its original granting still exist and all other requirements which operty owners based on demonstrable fact. f. That adequate and appropriate City services are or will be available for the proposed use. 3. Site Plan Review by the Planning Board will be required for any project for which a Special Permit is necessary. See Section 29-29.c. for procedures and filing requirements. (Rev. 7-1-92) 4. In granting approval of an application for a Special Permit use, the Special Permit granting authority may attach all reasonable and necessary conditions to assure that the uses of surrounding properties are adequately safeguarded and that the intent of the Comprehensive Plan and this Ordinance are maintained. 5. Construction or operations under a Special Permit shall conform to any subsequent amendment of this Ordinance unless the use or construction is commenced within a period of six months after the issuance of the permit, and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. 6. A Special Permit shall lapse after two years, and including such time required to pursue or await the determination of an appeal, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause. 7.The Special Permit Granting Authority shall adopt rule and regulations relative to the issuance of special permits. A copy of the Rules and Regulations are filed with the City Clerk. D Variances 1.The Board of Appeals may grant variances, including variances for use in any non-residential district, (but no use variance may be granted in any ""R"" districts), to the strict application of any of the requirements of this Ordinance only for reasons of practical difficulty and demonstrable and substantial hardship, financial or otherwise, to the appellant, and only where the Board finds that: (Rev. 6-26-92) a. There are sp ssenger terminal. 17. Accessory buildings and uses required for and clearly incidental to the principal building or use are permitted. 18. Those uses allowed by right under Section 29-6. C. Uses by Special Permit The following uses are only allowed by Special Permit, granted by the Planning Board: 1. Multi-family dwelling or apartment house in which the residential use comprises from 76% to 100% of the total floor area of the building, subject to the requirements of Section H below. (Rev. 6- 26-87) 2. Rooming, lodging, or boarding house. 3. Gymnasium, health club, commercial swimming pool. 4. Other private or quasi-public club, charitable institution, or community service organization except where the chief activity is a service customarily carried on as a business. 5. Commercial marina for the sale, mooring, and rental of boats. 6. Private, non-commercial stable. 7. Hotel or motel. 8. Place of commercial recreation such as a theater, bowling alley, roller skating rink or ice skating rink where the use is conducted entirely indoors. For purposes of this subsection, the term commercial-indoor recreation does not include those uses regulated by M.G.L. Chapter 140, Section 183A. (Rev. 5-20-93) 9. Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges not including outdoor vehicle or equipment storage. 10. Parking lots or garages as principal use of the lot. 11. Those uses, including accessory uses, allowed by Special Permit under Section 29-6. 12. Commercial mobile radio service transmission facilities, structures, and/or towers (Ord. No. 115, 6-11-96) The following uses are only allowed by Special Permit, granted by the Board of Appeals: 1.Bed and Breakfast establishments. (Rev. 3-19-91) D. Building and Area Requirements 1. Commercial uses, residential uses or combined commercial/residential uses on "" his Section and the Subdivision Control Law. J. Submission Requirements and Procedures for Special Permit For any development that requires a Special Permit under this Section, the Planning Board shall be the Special Permit Granting Authority. Application, review and decision procedures shall be in accordance with Section 29-28(C) and the Planning Board's Affordable Housing Regulations. K. Phased Construction Affordable units shall be constructed or otherwise provided in proportion to market-rate units. Proportionality shall be determined by the number of building or occupancy permits issued for affordable and market-rate units, or lot releases, as applicable. Affordable units shall not be the last units to be built in any development covered by this Section. L. Selection of Affordable Unit Purchasers or Renters The selection of purchasers or renters for affordable units shall be carried out under an affirmative marketing plan approved by the City Planning Director prior to the issuance of any building permits for the development. M. 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. 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 Massachusetts General Laws. 2. The applicant 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 as LIP units. 3. For a development that provides on-site or off-site affordable units: a. No building permit shall be issued until the applicant executes an enforceable agreement with the City and provides evidence acceptable to the Planning Director that the agreement ha If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] The Zoning Board of Appeals " "[INST] Context: SECTION 12 SPECIAL PERMIT GRANTING AUTHORITY A. PURPOSE OF REGULATIONS The purpose of these regulations is to describe the Special Permit Granting Authority under this Zoning By-law. B. DESIGNATION OF SPECIAL PERMIT GRANTING AUTHORITY The Special Permit Granting Authority shall be that Board designated to issue special permits for a particular use, building, or structure, as set forth under this Zoning By-law. C. POWERS AND DUTIES 1. The Special Permit Granting Authority shall hear and decide applications for special permits for uses as provided in this Zoning By-law. 2. Each Special Permit Granting Authority shall adopt rules, not inconsistent with this Zoning By-law for the conduct of its business, including procedures for filing applications and petitions; holding public hearings; obtaining review by other Town boards, agencies, and outside consultants, before and after construction of a use, and including the design specifications for such use; and making decisions hority (BHA) or other agency qualified by the Board of Selectmen shall perform the income verification of the qualified affordable housing unit purchaser or tenant. The BHA or other agency qualified by the Board of Selectmen shall be responsible for the long term monitoring of these dwellings. The dwellings built under this provision shall be adequate to accommodate a family of three or more. Interior features of affordable units shall comply in all respects to the minimum design and construction standards set forth in Massachusetts' Local Initiative Guidelines of the Division of Housing and Community Development, July 1996 or as amended. There shall be no further exception to the dimensional relief provided by this by-law. Failure to meet any provision shall result in the outright invalidation of these exceptions. Lots which require variances in addition to the relief outlined here shall not qualify under this provision. The BHA or other agency qualified by the Board of Selectmen shall administer purchaser or tenant selection. The town reserves the right to apply a local preference in the selection process. Unless described herein all other district restrictions shall apply to the applicable lot(s). The SPGA may condition the granting of this special permit to address any potential impacts on the surrounding neighborhood. (b) Assisted living residence Required Findings: The minimum lot size is five acres in the residential districts and three acres in the business and industrial districts The density is 12 units/acre Buildings are set back a minimum of 50 feet from all property lines and no building is closer than 200 feet to an existing residential dwelling The minimum lot frontage is 150 feet The maximum lot coverage is 25% There is one parking space for each employee on the maximum shift and one parking space for every three assisted living units Adequate site circulation is provided to and from the site, taking into consideration the adjacent sidewalks and streets and the accessibility of the site and buildings thereon for emergen it Granting Authority shall be in accordance with the Board's rules and M.G.L., ch. 40A, § 11, as amended. D. CONFORMANCE TO SUBSEQUENT AMENDMENTS 1. Construction on or use of property under a special permit shall conform to any subsequent amendment of this Zoning By-law unless the use or construction is commenced within six months after the issuance of a building permit, or where a building permit is not required, after the issuance of a use and occupancy permit, and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. 2. A use is commenced on land or within a building once activity has begun under a use or occupancy permit. Construction is commenced upon completion of any foundation and continuation of construction thereafter in accordance with an issued building permit, or in the case of a structure, upon beginning construction of a structure in accordance with an issued building permit. 3. A special permit shall lapse within two years from the granting thereof or such shorter time as specified in said special permit, if a substantial use thereof has not sooner commenced except for good cause or, in the case of a permit for construction, if construction has not begun by such date except for good cause. Such period shall be extended by the time required to pursue or await determination of a court appeal. E. EFFECTIVE DATE Any special permit issued by the Special Permit Granting Authority shall not be in effect until recorded at the Middlesex North Registry of Deeds at the expense of the applicant. The Inspector of Buildings shall issue neither a use or occupancy permi SECTION 16 ADMINISTRATION AND ENFORCEMENT A. INSPECTOR OF BUILDINGS This Zoning By-law shall be administered and enforced by the Inspector of Buildings, as provided in M.G.L., Ch. 40A, § 7, as amended. B. ISSUANCE OF BUILDING AND USE AND OCCUPANCY PERMITS 1. No building permit or use and occupancy permit shall be issued until the buildings, structures, their uses, primary and accessory, and uses of land comply in all respects with this Zoning By-law. All buildings, structures, or uses subject to conditions, safeguards, or limitations of a special permit, variance, or administrative appeal must comply with such conditions, safeguards, or limitations before the Inspector of Buildings can issue a building or use and occupancy permit. If security is required by any Town board to ensure compliance with any condition, safeguard, or limitation, the Inspector of Buildings can issue a building permit or use and occupancy permit when, in the opinion of the Inspector of Buildings, the security is sufficient to ensure full compliance with such conditions, safeguards, or limitations. 2. Notwithstanding any language or conditions in this Zoning By-law, the use of materials or methods of construction of buildings or structures is regulated by the State Building Code, 780 CMR. 3. As a prerequisite to the issuance of a building or use and occupancy permit, an applicant shall provide the following to the Inspector of Buildings: a. a properly completed pre-application with all required approvals; b. an approved permit for vehicle access curb and sidewalk openings from the appropriate Town authority; c. a valid sewage disposal permit issued by the Board of Health for all new buildings, structures, or uses, or additions thereto, that will not be serviced by Town sewer or in the case of connection to the Town sewer, a valid Town Sewer Connection Permit; d. the book and page of the recorded deed for the owner of record; e. a copy SECTION 13 SPECIAL PERMITS A. PURPOSE OF SPECIAL PERMIT REGULATIONS The purpose of these regulations is to describe the requirements for issuance of a special permit. B. FILING AN APPLICATION FOR A SPECIAL PERMIT All applications for a special permit to the Special Permit Granting Authority shall be in writing on required forms; shall contain the required information; and shall be reviewed by such other boards, agencies, and agents as prescribed by the Special Permit Granting Authority in its rules for the conduct of its business. C. REQUIREMENTS FOR ISSUANCE OF A SPECIAL PERMIT 1. The Special Permit Granting Authority may issue a special permit for all uses permitted by special permit under this Zoning By-law, if it finds that the use is: a. In harmony with the general purpose and intent of this Zoning By-law; and b. In compliance with all other requirements set forth in this Zoning By-law for issuance of a special permit for such use. 2. To carry out the purposes and objectives of this Zoning By-law the Special Permit Granting Authority may: a. subject special permit applications to review by other boards, agencies, officers, and outside consultants as set forth in its rules on file with the Town Clerk; b. grant special permits subject to appropriate conditions, safeguards and limitations on time or use; and c. require security to ensure compliance with all conditions, safeguards, and limitations. 3. All notices of public hearings by the Special Permit Granting Authority shall be in accordance with the Board's rules and M.G.L., ch. 40A, § 11, as amended. D. CONFORMANCE TO SUBSEQUENT AMENDMENTS 1. Construction on or use of property under a special p If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] I don't know" "[INST] Context: SECTION 7.0 FINAL ACTION 7.1 The Planning Board's final action shall consist of either: a.)approval of Special Permit as suitable and in compliance with the criteria of these Rules and Regulations. b.) approval of the Special Permit, with any conditions, modifications, and restrictions as the Planning Board may deem necessary. c.) a written rejection, stating the reasons for denial SECTION 8.0 ENFORCEMENT 8.1 The Special Permit will elapse within two years of date of issuance, 8.2 The Planning Board may periodically amend or add rules and regulations relating to ighborhood; (h) the impact of the proposed use on adjacent properties and the neighborhood; and (i) any other criteria specified by other sections of this Bylaw, applicable to the proposed use. 7.8.2.2 The provisions of section 7.8.2.1 shall not apply to special permits issued under sections 4.11.4.3, 6.1.1.2(b), 6.6, 8.6.5, and 8.8.3. 7.8.2.3 The SPGA may impose such conditions on the special permit as it deems necessary to protect the Town, the public, or other properties in the area from detrimental impact. The conditions that may be imposed include, but are not limited to, conditions relating to noise, traffic control, dust control, sanitation, number of occupants, hours of operation, deliveries, water quality testing and monitoring, police details, and performance bonds. 7.8.3 Miscellaneous Provisions 7.8.3.1 The SPGA shall issue special permits in accordance with M.G.L., Ch. 40A, § 9. In deciding whether to issue a special permit, the SPGA shall consider any comments or recommendations submitted by other town departments, boards, or commissions. 7.8.3.2 The SPGA may, after notice and hearing, adopt rules and regulations specifying the content and number of required plans, application procedures, filing and review fees, design and development standards, and other general requirements to be applied with respect to the proposed use. 7.8.3.3 The Board of Selectmen may appoint a resident of the Town to serve as an associate member of the Planning Board for a two-year term. The Chairperson of the Planning Board may appoint the associate member to act on special permit applications, in the case of absence, inability to act, or conflict of interest, on the part of a regular member of the Planning Board, or in the event of a vacancy on the Board. 7.8.3.4 Any special permit granted under the provisions of this Bylaw shall lapse within a period of two years from the grant hereof, if a substantial use thereof has not sooner commenced or, in the case of a permit for construction, if construction has not begun by such date, except for good cause shown, and provided further that such two-year period shall not include the time required to pursue or await the determination of a y in-law apartment use. 6.6.2 Accessory In-Law Apartments may be created only by Special Permit issued by the Board of Appeals and only within single family dwellings and located on lots, both in existence prior to January 1, 1990. In addition, accessory in-law apartments shall only be located on lots meeting the minimum lot area in the District which it is located on the date of the filing of the application for the Special Permit. 6.6.3 Owner Occupancy Required. The owner(s) of the single family lot upon which the accessory in-law apartment is located shall occupy at least one (1) of the dwelling units on the premises. The Special Permit shall be issued to the owner of the property. Should there be a change in ownership or a change in the residence of the owner, the Special Permit and the Occupancy Permit for the Accessory In-Law Apartment shall become null and void, and the property shall revert to single family status. The owner applicant shall be required to file a declaration of covenants on the subject property prior to the issuance of a Special Permit for an Accessory In-Law Apartment. This declaration shall be in favor of the Town of Rowley and state that: a. The special Permit for the Accessory In-Law Apartment shall terminate upon transfer of title of said premises or upon the undersigned no longer occupying the premises as their principal residence. b. The new owner of the premises shall have to apply to the Board of Appeals for a Special Permit and prove compliance with Section 6.6.1 (Purpose and Intent) to continue the Accessory In-Law Apartment. 6.6.4 An accessory Apartment shall be located within the principal dwelling, within an addition to the principal dwelling, or within an accessory structure that is attached to the principal structure provided that such dwelling, addition, or attached accessory structure conforms to all other requirements of this bylaw unless an approval therefore shall have been granted by the Zoning Board of Appeals. 6.6.5 The minimum floo ing, addition, or attached accessory structure conforms to all other requirements of this bylaw unless an approval therefore shall have been granted by the Zoning Board of Appeals. 6.6.5 The minimum floor size for an accessory apartment shall be three hundred (300) square feet, but in no case shall it exceed twenty-five (25) percent of the habitable area of the principal dwelling, unless in the opinion of the Board of Appeals a greater or lesser amount of floor area is warranted by specific circumstances of the particular building. 6.6.6 There shall be no more that one (1) accessory in-law apartment for a total of two (2) dwelling units permitted per lot. 6.6.7 The Accessory In-Law Apartment must be determined to comply with current health, safety, and construction requirements before occupancy and at every change in occupancy. 6.6.8 Applicant shall receive written Board of Health approval, relative to sewage disposal, prior to submission of Application for Special Permit to the Board of Appeals. Applicant shall conform to all Board of Health Rules and Regulations, unless waived by said Board, to obtain Board of Health approval. 6.6.9 Applications for Special Permits shall be subject to approval by the Board of Appeals. Applications for Special Permit shall contain such information to determine compliance with the bylaw sections herein and with any regulations of the Board of Appeals. If the accessory in-law apartment is to be located within the Historic District, then the applicant must comply with the Rowley Historic District Bylaws of the Town of Rowley General Bylaws. 6.6.10 Prior to approval and receipt of a Building Permit, the applicant must submit to the Building Inspector a copy of the notification of Special Permit Approval as granted by the Board of Appeals and a copy of the declaration of covenants as stamped by the Registry of Deeds. 6.6.11 Occupancy Permit for Accessory In-Law Apartments shall be renewed annually by the Building Inspector. For the purposes of annual SECTION 2.0 SPECIAL PERMIT RULES AND REGULATIONS 2.1. General Information 2.1.2 The Planning Board encourages a meeting between the applicant/developer and the Planning Board, prior to submission of the Application for Special Permit. 2.1.3. The purpose of this meeting would be to aid the applicant in completing the application, to discuss the proposal, and to discuss any waivers which may be applicable to the applicant/developer. 2.1.4 Procedure for submission, review, and action of an Application for Special Permit shall be in accordance with M.G.L. Chapter 40A. If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] The Board of Appeals" "[INST] Context: 1-00; Extended 3-21-05) 2.9.1. The purpose of this Section, ""Rate of Development"", is to ensure that growth occurs in an orderly and planned manner; to phase growth so that it will not unduly strain the community's ability to provide adequate public safety, schools, roads and municipal infrastructure, and human services; to maintain the community at a quality of life which citizens expect; to provide the Town boards and its agencies information, time, and capacity to incorporate such growth into or as per the Master Plan for the community; and to preserve and enhance existing community character and the value property. 2.9.2. General Beginning on September 11, 2000, building permits, including foundation permits, for not more than thirty (3) dwelling units shall be applied for or issued in each of the five (5) calendar years following said date, for the construction of new residential dwelling units, per approved ANR and/or standard or cluster subdivision. Further, no one person or entity nor their successors in interest, nor any entity in which they hold a legal or beneficial ownership shall be issued more than five (5) of the total number of permits available in any one year, with the exception of the exemptions as described in this Bylaw. DWELLING UNIT shall mean any portion of a building occupied or suitable for occupancy as a residence and arranged for the use of one or more individuals living as a single housekeeping unit with its own cooking, living, sanitary and sleeping facilities. Within the provisions of this Section, an ""Accessory Apartment"", as defined in Section 11.1 of the Zoning Bylaws, shall not constitute a dwelling unit. 2.9.3. Procedures Any building permits issued shall act on each permit with the following procedures: a. The Building Inspector shall act on each permit in order of submittal. Any permit application that is incomplete or inaccurate shall be returned to the applicant within three (3) business days and shall require new submittal. b. The Building Inspector shall accept applications and issue permits one (1) year at a t te hazard, disturbance to any abutter, or injury to the neighborhood, and will not create unsightliness visible from any public way or neighboring property. b. In its discretion, the Board of Appeals may impose conditions and limitations as necessary to protect abutting properties and the public, including that a home occupation authorized by the Special Permit may not be transferred to a different operator without a new Special Permit, that the occupation shall be subject to compliance review by the Building Inspector at periods specified in the Special Permit, and that such permit may be revoked by a majority vote of the Board of Appeals at any time after notice and hearing, upon the Board's determination that the terms of the Special Permit are being violated. 4.6.4. Enforcement Home occupation uses shall be enforced as follows: a. A certificate of Use and Occupancy must be obtained from the Building Inspector indicating compliance with these requirements prior to initiation of a home occupation. b. The Building Inspector shall enforce these provisions and any person may request enforcement where a violation is believed to exist, as provided in M.G.L. c. 40A, Section 7, and if dissatisfied with the outcome, such person may bring an appeal to the Board of Appeals for hearing and action as provided in M.G.L. c.40A, Section 8. 4.7 Home Occupation Special Permit (Deleted 11-01-05 moved to 4.6) 4.8 Home Occupation Enforcement (Deleted 11-01-05 moved to 4.6) 4.9 Accessory Uses (Deleted 11-01-05 moved to 2.5) 4.10. In-law Apartment No Special Permit (Added 4-28-03; Revised 03-21-05) 4.10.1. General It is the intent of this Section to provide for the use of a portion of a single-family residence as a so-called ""In-law apartment"", which use will be solely for the benefit of a family member related either by blood, marriage or law. The In-law section of the residence shall be attached to the r rear of the building, and any additions shall not increase the square footage of the one family house by more than ten percent (10%); 4.5.4. The design and size of the apartment conforms to all applicable standards in the health, building and other codes; 4.5.5. The owner(s) of the residence in which the accessory unit is created shall occupy at least one of the dwelling units in the premise, except for bonafide temporary absences; 4.5.6. Parking must conform to the requirements of this Bylaw. 4.6 Home Occupations (Revised 11-01-05) 4.6.1. Types of Home Occupations In this Bylaw, home occupations are regulated according to the following use categories: a. Home professional office: office for the practice of a profession involving a high degree of training in the humanities, science or arts, such as medicine, law, engineering or fine arts. b. Home personal service: personal services, such as insurance, notary public, real estate broker, beauty care, clerical services; studio for the teaching of fine, performing or domestic arts and crafts; home care or therapy (for pay) for not more than three patients or children. c. Home business workshop: the business or shop of a painter, carpenter, electrician or similar trade. d. Home specialty retail: the sale of specialty products made on the premises, such as dressmaking, home baking or catering, or arts and crafts; or collector's items, such as antiques, stamps, coins. Home specialty retail does not include the sale of products raised and grown on the premises of an agricultural use on more than five acres of land. 4.6.2. Permitted Home Occupations In any zoning district, home occupations listed as a permitted use do not require a Special Permit if they comply with the following requirements: a. The occupation must be operated by a person residing on the premises, and it shall employ on those premises not more than three (3) persons not reside nstructed on a hammerhead lot shall be issued until the Planning Board certifies in writing that the access driveway, including permanent turnarounds, has been completed in accordance with the standards specified in the driveway site plan approval. 4.4 Mobile Homes Mobile homes or similar mobile structures shall not be parked, stored, or occupied for living or business purposes, except: 4.4.1 If granted a temporary permit by the Building Inspector, a mobile home or mobile structure may be occupied incidental to construction or rebuilding of a permanent structure on the premises for a period not to exceed twelve (12) months. Any such mobile home or mobile structure shall be subject to the provisions of the state sanitary codes. 4.5 Accessory Apartments - Special Permit An owner or owners of a one family dwelling may apply for a Special Permit from the Board of Appeals for the construction and occupancy of one accessory apartment in such one family dwelling provided such one family dwelling was constructed at least ten (10) years prior to the date of application. It is not the intent of this Bylaw to permit or encourage the building of new dwellings which are large enough to contain apartments. In accordance with the procedures of Section 9.2.3, the Board of Appeals may grant such Special Permit provided that: 4.5.1. Due consideration has been given to the reports and recommendations of the Planning Board and Board of Health; 4.5.2. Adequate provision has been made for the disposal of sewage generated by the occupancy of such apartment in accordance with the requirements of the Board of Health; 4.5.3. No more than minimum exterior alterations are proposed. In general, any new entrances shall be located on the side or rear of the building, and any additions shall not increase the square footage of the one family house by more than ten percent (10%); 4.5.4. The design and size of the apartment conforms to all applicable s gnated operator, and the SPGA, shall be executed which defines the terms of and responsibility for the maintenance as required by the SPGA. Said agreement shall constitute a condition of the Special Permit. An additional bond shall be posted, in the form of a separate passbook account in an amount to be set and approved by the SPGA, to be utilized for maintenance of the facility and its access road and screening in the event the maintenance agreement to be executed between the SPGA and the applicant is not complied with to the on-going satisfaction of the SPGA. 4.15.7. Site Plan Approval a. Site Plan Approval by the Planning Board is required for the siting and construction of all wireless telecommunication facilities as defined above in Section 4.15.2 of this Bylaw. If modification of a previously issued Special Permit is sought, the Planning Board may require approval of a new site plan. b. Site Plan review by the Planning Board may be conducted concurrently with the proceedings and public hearings of the Special Permit application as defined in Section 4.15.4 of this Bylaw. c. Site Plan applications shall be made in conformance with the Site Plan Section (Section 7) of this Protective Zoning Bylaw, and in conformance with the Site Plan Review Regulations adopted by the Shirley Planning Board. 4.16 Infill Residential Uses (Added 11-01-05) Where Infill Residential Uses are allowed by Special Permit from the Planning Board, the following additional requirements shall apply. 4.16.1. Affordable Housing Requirement. The Planning Board may issue a Special Permit to authorize the construction of a single-family dwelling or a two-family dwelling on a lot which does not meet the minimum lot area or frontage requirement, provided that the single-family dwelling or one unit in a two-family dwelling is affordable housing as defined in this Bylaw. 4.16.2. Affordable Housing Use Restriction. Prior to obtaining a building permit, the applicant shall record an affordable housing restriction or regulatory agreement at the R If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] Board of Appeals" "[INST] Context: b) above. (c) Parking or outside storage not capable of being located and screened as required by 4.1.1 (b) above. (d) Parking of vehicles other than as allowed under 4.1.1 (d) above. (e) Activity likely to result in more traffic allowed under 4.1.1 (e) above. (f) Use of an existing accessory structure for other than parking or incidental storage. (g) Storage or equipment or materials on premises other than the residence of the operator. Such special permit shall be granted only if the Board of Appeals determines that the activities will not create hazard, disturbance to any abutter, or injury to the neighborhood, and will not create unsightliness visible from any public way or neighboring property. Such special permit shall impose conditions and limitations as necessary to protect abutting properties and the public, including the limitation that the home occupation authorized by the special permit may not be transferred to a different operator without a new special permit, that the occupation shall be subject to compliance review by the Building Inspector at periods specified in the special permit, and that such special permit may be revoked by a majority vote of the Board of Appeals at any time after notice and hearing, upon the Board's determination that the terms of the special permit are being violated. 4.1.3 Enforcement (a) A certificate of Use and Occupancy must be obtained from the Building Inspector indicating compliance with these requirements prior to initiation of a home occupation. (b) Any person may request enforcement of these provisions by the Building Inspector where a violation is believed to exist, as provided in Chapter, 40A, section 7, Massachusetts General Laws, as amended, and if dissatisfied with the outcome, such person may bring an appeal to the Board of Appeals for hearing and action as provided in Chapter 40A, section 8, Massachusetts General Laws, as amended. 4.2 MULTIFAMILY DEVELOPMENT 4.2.1 Procedures Applications for a special permit for multifamily dwellings shall be ac n aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provision of G.L.c.40A,ss.8 and 15. 4. To hear and decide comprehensive permits for construction of low or moderate income housing by a public agency or limited dividend or nonprofit corporation, as set forth in G.L.c.40B,ss.20-23. 6.3 SPECIAL PERMITS. 6.3.1 Special Permit Granting Authority. Unless specifically designated otherwise, the Board of Appeals shall act as the Special Permit Granting Authority. 6.3.2 Criteria Special Permits shall be granted by the Special Permit Granting Authority, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will no outweigh its beneficial impacts to the town or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any other specific factors that may be set forth in this By-law, the determination shall include evaluations of the adverse effects and beneficial impacts of each of the following factors: 1. Social, economic, or community needs which are served by the proposal; 2. Traffic flow and safety, including parking and loading; 3. Adequacy of utilities and other public services; 4. Neighborhood character and social structures; 5. Impacts on the natural environment; and 6. Potential fiscal impact, including impact on town services, tax base and employment. 6.3.3 Procedures. Whenever an application for a special permit is filed with a special permit granting authority, the applicant shall also file, within five (5) working days of the filing of the completed application with said authority, copies of the application, accompanying site plan, and other documentation, to the Planning Board, Board of Health, Conservation Commission, Building Inspector, Director of Public Works, Police Chief, and Fire Chief for their consideration, review, and report. The copies necessary to fulfill this requirement shall be furnished by the applicant. An application shall not be deemed complete until all copi ding calendar year that the applicant desires the application to remain in effect, the Building Inspector shall treat said application in accordance with subsection 4.3.3(1), above. 4.3.4 Special Permit Exemption. Upon a determination by the Planning Board under a special permit application that the building permits will be issued for dwelling units within a development that will provide special benefits to the community, said permits shall be exempt from this section in its entirety, and shall not count toward the thirty (30) permits to be issued annually. The Planning Board may grant a special permit under this section only if the Board determines that the probable benefits to the community outweigh the probable adverse effects resulting from granting such permit, considering the impact on schools, other public facilities, traffic and pedestrian travel, recreational facilities, open spaces and agricultural resources, traffic hazards, preservation of unique natural features, planned rate of development, and housing for senior citizens and people of low or moderate income, as well conformance with Master Plan or Growth Management Plans, if any, prepared by the Planning Board pursuant to G.L. c.41, s81D. The Planning Board shall give particular consideration to proposals that demonstrate a reduction in allowable density of fifty percent (50%) or more. 4.3.5 Exemptions. The provisions of this section shall not apply to, nor limit in any way, the granting of building or occupancy permits required for the following purposes: 1.the construction, enlargement, restoration, or reconstruction of one single family or two family dwelling on a lot legally existing as of the date of passage of this by-law. 2.The construction of a single-family dwelling on land which, as of the date of passage of this by-law, was part of a lot held in separate ownership and containing one single or two family dwelling; provided that only one such new dwelling may be constructed in any year, and provided that the original lot shall be divided so that the existing dwelling ARTICLE 5. DEFINITIONS For the purpose of this ordinance and unless the context of usage clearly indicates another meaning, the following terms shall have the meanings indicated herein; words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the words ""used"" or ""occupied"" include the words ""designed"", ""arranged"", ""intended"", or ""offered"", to be used or occupied; the words ""building"", ""structure"", ""lot"", ""land"", or ""premises"" shall be construed as though followed by the words ""or any portion thereof"", and the words ""shall"" is mandatory and directory, and ""may"" is permissive. Any word indicating gender, such as he or she, shall be construed to mean both genders. Terms and words not defined herein but defined in the Commonwealth of Massachusetts Building Code shall have meanings given therein unless a contrary intention clearly appears. Words not defined in either this ordinance or the State Building Code shall have the meaning given in the most recent edition of Webster's Unabridged Dictionary. Uses listed in the Table of Use Regulations under the categories ""Commercial"" and Industrial"" shall be defined by the Standard Industrial Classification Manual published by the U.S. Bureau of Census. The defined words and phrases are as follows: ACCESSORY APARTMENT shall mean a separate, complete dwelling unit which is; (a) contained substantially within the structure of a one-family dwelling unit, is served by a separate entry/exit and can be isolated from the principal one family dwelling unit, or (b) contained entirely within an accessory building located on the same lot as a one-family dwelling. ACCESSORY BUILDING OR STRUCTURE shall mean a building or structure incidental and subordinate to a principal building or structure and customarily used to serve the purposes of that principal building. A building is accessory only where a principal building exists on the same lot. ACCESSORY USE shall mean a use customarily incidental to and located on the same lot with the principal use. ADULT B consistent with the rate of residential growth over the last seven (7) calendar years, to phase growth so that it will not unduly strain the community's ability to provide basic public facilities and services, to provide the town, its boards and its agencies information, time, and capacity to incorporate such growth into the Master Plan for the community, as may be amended, and to preserve and enhance existing community character and the value of property. 4.3.2 General. Beginning on May 11, 1998, building permits for not more than thirty (30) dwelling units shall be issued in each of the fifteen full calendar years following said date, for the construction of new residential dwelling in the town of Sterling. This provision shall apply to any tract of land divided pursuant to any provision of G.L. c.41, ss.81K - 81GG, the Subdivision Control Act subsequent to such date. This provision shall apply to any proposed division or combination of properties which were in the same ownership and contiguous as of such date. For the purposes of this section, an accessory apartment pursuant to Section 2.3.4 shall constitute a dwelling unit. 4.3.3 Procedures. Any building permits issued shall be issued in accordance with the following procedures: 1. The Building Inspector shall act on each permit in order of submittal. Any permit application that is incomplete or inaccurate shall be returned to the applicant and shall require new submittal. 2. The Building Inspector shall mark each application with the time and date of submittal, and shall act on each application in a timely manner. 3. At the end of the calendar year in which this by-law is in effect, the Building Inspector shall retain all applications for which a building permit has not been issued. Upon being informed in writing by the applicant before the tenth of January of the succeeding calendar year that the applicant desires the application to remain in effect, the Building Inspector shall treat said application in accordance with subsection 4.3.3(1), above. 4.3.4 Special Permi If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] Board of Appeals" "[INST] Context: , the permit shall lapse, and be null and void. if occupancy of the said additional living area is then desired by another family member of the owner or owners, a new application for a Special Permit authorizing such occupancy shall be made. It is the intention of this provision that such additional living area shall not be used as an apartment for hire, but only as a convenience for a member of the owner's family, under special circumstances. Adopted Special Town Meeting, April 25,1983. Art. 40. TRAILER : Any vehicle which is immediately portable, and is arranged, intended, designed, or used for sleeping, eating, or temporary business use in conjunction with construction, or is a place in which persons may congregate including a house trailer or camper. Trailer and Recreational Vehicle: A vehicular, portable structure built on a chassis, designed as a temporary dwelling for travel, recreation and/or vacation. Added by action of Town Meeting, April 24,1978, Article #60. USE : The purpose for which a structure or lot is arranged, designed, or intended to be used, occupied, or maintained. USE, ACCESSORY : A use incidental and subordinate to the principal use of a structure or lot, or a use, not the principal use, which is located on the same lot as the principal structure. Accessory use by area shall be interpreted not to exceed 40 percent of the area of the total use of the structure or lot on which it is located, but this area limitation shall not be applicable either to: (i) accessory off-street parking and loading spaces, whether or not in excess of that required in Section VIII, (ii) Accessory filling of water, wet area or depression, or (iii) accessory removal of gravel, sand, or other earth material incidental to and in connection with the construction of a building or a lot. Amended by action of Town Meeting, April 28,1980, Article #6. USE, NONCONFORMING : A use lawfully existing at the time of adoption of this By-Law or any subsequent amendment thereto, which does not conform to one or more provisions , in whole or in part, within such Districts or is exempt from the provisions of this Wetlands Protection By-Law, he may request such further information of the Applicant as he may reasonably require to make his determination. Subsequent to a determination by the Building Inspector that any portion of the tract identified in the application lies within the Flood Hazard, Wetland or Watershed Districts or is subject to the provisions of this Wetlands Protection By-Law the Building Inspector shall not issue a building permit unless he has determined that: a. The proposed use of the tract, any part of which is located within a Flood Hazard, Wetland or Watershed District, is shown by the Applicant to comply strictly with the uses and area restrictions permitted or required in such Districts under Sections 4A, 4B, and 4C above; and b. The proposed uses otherwise comply with the provisions of this Zoning By-Law and with any other local, state or federal laws, regulations or ordinances the enforcement of which is the responsibility of the Building Inspector. If the Building Inspector shall determine that no approvals, special permits or variances are required by the Applicant under this Wetlands Protection By-Law, he shall so indicate in writing on the Plan and by letter to the Applicant and all other required approvals may thereafter be sought by the Applicant including without limitation any approvals which may be required under State Wetland Protection Laws, without regard to this Wetland Protection By-Law. In all other instances relative to this Wetlands Protection By-Law, the Building Inspector shall promptly notify the Applicant by certified mail, return receipt requested, that this By-Law prohibits the contemplated use, and shall advise the Applicant of his right to appeal the Building Inspector's decision to the Zoning Board of Appeals. 6. Zoning Board of Appeals. a. Appeals and Applications for Special Permits Generally. An appeal may be taken to the Zoning Board of Appeals by any Applicant aggrieved by a decision of the Building Inspector and a special permit ma f approved, will not cause substantial detriment to the public good or impair the purposes and intent of this By-Law. (Amended by action of Town Meeting, April 24,1978, Article #64) (Amended by action Special Town Meeting, May 3,1999 Article #5) K. Special Permits. The Board shall have the power to hear and decide on applications for special permits for exceptions. 1. in applying for a Special Permit, the applicant need not demonstrate hardship, since the basis for the action is of general benefit to the Town as a whole. In granting a Special Permit, the Board, with due regard to the nature and conditions of all adjacent structures and uses, and the District within which the same is located, shall find all of the following general conditions to be fulfilled: (a) The use requested is listed in Table of Use Regulations as a Special Permit in the District for which application is made: (b) The requested use is essential or desirable to the public convenience or welfare: (c) The requested use will not create undue traffic congestion, or unduly impair pedestrian safety: (d) The requested use will not overload any public water, drainage or sewerage system or any other municipal system to such an extent that the requested use or any developed use in the immediate area or in any other area of the town will be unduly subjected to hazards affecting health, safety, or the general welfare: (e) Any special regulations for the use, set forth in Section XI, are fulfilled: (f) The requested use will not impair the integrity or character of the District or adjoining zones, nor be detrimental to the health, morals, or welfare. 2. The Special Permit Application must be filed with the Town Clerk who shall transmit the application to the Special Permit Granting Authority. The effective date of filing is the date the application is filed with the Town Clerk. Special Permits shall only be issued after a pu erent planning approach to the remainder of the SCMUOD. The goal of creating Area B is to preserve the physical character of the Area while allowing architecturally appropriate additions and re-use of buildings. [3.0] Special Permit Granting Authority a) For all purposes pursuant to Section 3.0 of the SCMUOD, the Planning Board is hereby designated as the Special Permit Granting Authority (SPGA). All Special Permit applications made pursuant to the SCMUOD by-law shall conform to the standards and criteria and procedural provisions of the SCMUOD by-law and all relevant procedural provisions in Section X-K of the current Stoughton zoning by-laws, except that, wherever Section X-K refers to 'Board' or 'Zoning Board of Appeals', this shall mean the SPGA for the purposes of the SCMUOD by-law. b) The SPGA shall adopt and maintain Stoughton Center Design Review Guidelines to support the standards and criteria contained within the SCMUOD by-law. [4.0] Uses Allowed by Special Permit All uses allowed by right in the underlying zoning district are permissible by Special Permit in the SCMUOD unless listed below as being prohibited. [4.1] Permitted Uses No building or structure shall be designed, arranged or constructed and no building, structure or land shall be used, in whole or in part, for any purpose other than for one or more of the uses herein set forth as permissible by Special Permit. These uses may be combined within a single structure. Within the SCMUOD, the SPGA may issue a special permit for the following uses: a) Dwelling units located above a retail, restaurant, professional office and service, personal service, or other non-residential use(s) at ground level, provided that no more than 10% percent of thy total number of dwelling units at any one time be units of 3 or more bedrooms; b) Multistory parking structures, provided that the structure complies with the design standards for pa dimensions and maximum building area may be adjusted as deemed appropriate by the Board of Appeals. 5. At any one time, not more than 10 percent of the total dwelling units shall contain three or more bedrooms. 6. For multifamily units of two or more bedrooms, there shall be constructed and equipped an outdoor recreation area containing 100 square feet for each dwelling unit within the development with a minimum requirement of 2,000 square feet. Specifically exempt from this requirement are one-bedroom units and housing for the elderly. 7. The development shall be served by public water and sewerage. 8. Parking facilities shall meet the requirement of Section VIII except the required number of spaces shall be one additional for each five units for visitor parking. In housing for the elderly projects, the parking requirements shall be reduced by 50 percent. 9. Such other conditions as the Board may find appropriate in accordance Section XX may be imposed. K. Fast Order Food Establishments. In considering special permits for Fast Order Food Establishments, the Board shall give consideration to the following: 1. Impact on traffic and parking. 2. Sensitivity to the visual and physical characteristics of the particular location, including siting, signing, lighting, landscaping, fencing, materials, windows, etc. 3. Fulfillment of a need in the neighborhood or in the Town. 4. Reliance on walk-in trade as opposed to drive-in or automobile related trade. (Added by action of Town Meeting, June 23,1976, Article #30) L. Adult Entertainment Establishments may not be located less than 750(seven hundred fifty) feet from the nearest lot line of: a. Each other b. Public or Private Nursery-Schools c. Public or Private Day Care Centers d. Public or Private Kindergartens e. Public or Private Elementary Schools f. Public or Private Secondary Schools g. Playgrounds h. Churches (Adopted Special Town Meeting, April If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] I don't know" "[INST] Context: cability. The Planning Board, acting as Special Permit Granting Authority, may grant a Special Permit for construction of an Incentive Senior Development and accessory structures, in the following zoning districts: Single Residence ""A"", Single Residence ""C"", Limited Business, Village Business and Research District. 5430. Standards. The following standards shall apply to all Incentive Senior Developments: 5431. Tract Qualification. At the time of granting a special permit by the Planning Board, the property under consideration for an Incenti2ve Senior Development shall be located on a contiguous parcel, not separated by a public or private way, with definite boundaries ascertainable from a recorded deed or recorded plan, having an area of at least 10 acres. For parcels greater than 20 acres, parcels may be separated by a private or public way. 5432. Age Qualification. An Incentive Senior Development shall constitute housing intended for persons of age fifty-five (55) or over within the meaning of M.G.L. c151B, §4, §6 and 42 USC §3607(b)(2)(c), and in accordance with the same, one hundred percent (100%) of the dwelling units in an Incentive Senior Development shall each be owned and occupied by at least one person fifty-five (55) years of age or older per dwelling unit, and such development shall be operated and maintained in all other respects in compliance with the requirements of said statutes and regulations promulgated pursuant thereto. In the event of the death of the qualifying owner/ occupant(s) of a unit, or foreclosure or other involuntary transfer of a unit in such a development, a two-year exemption shall be allowed for the transfer of the unit to another eligible household. 5433. Applicant Qualifications. The applicant for a Special Permit under the provisions of this section shall be the owner of the tract proposed for such Development or be authorized in writing by the owner to apply for and be issued such Special Permit, and shall establish to the satisfaction of the Planning Board that the applicant has knowledge, experience and financial resources su ssuance of a special permit by the Board of Appeals. Providers shall comply with all applicable federal, state, and local laws. 2312. Boarders in Single-family Dwelling. The renting of rooms and/or furnishing of board to not more than five (5) persons in a single-family dwelling by the owner thereof shall be a permitted accessory use. The renting of rooms and/or furnishing of board to more than two persons shall cause the use to be classified as a boarding house subject to the provisions of Section 2230 (Table of Principal Use Regulations), herein. 2313. The Board of Appeals may grant a special permit for the nonexempt raising of swine, poultry, furbearing animals, and the operation of kennels in any district; in accordance with Section 6200, such Board may impose such restrictions with respect to the conduct thereof as in its judgment may seem necessary for the general welfare of the Town. 2314. Any use accessory to an allowed principal nonresidential use where such accessory use is an entry in the Table of Principal Use Regulations shall be allowed only upon the issuance of a special permit from the Board of Appeals. 2315. Uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, may be permitted in Limited Industrial Districts, Industrial Districts, Industrial Park Districts, and Research Districts upon the issuance of a special permit provided the granting authority finds that the proposed accessory use does not substantially derogate from the public good. 2320. Accessory Structures. 2321. Unregistered motor vehicles. Unregistered motor vehicles which are unfit for use, permanently disabled or have been dismantled or are otherwise inoperative, shall not be stored, parked or placed upon any land in the town unless the same shall be within a building or in an area unexposed to the view of the public and abutters or in an area properly approved for the keeping of the same by licensed junk dealers (and automobile omatically terminate upon the sale, transfer, or other change in ownership of the principal dwelling unit. 5563. The Special Permit for a unit occupied by a low or moderate income family shall be issued for a period of two years. The permit shall automatically expire on the second anniversary of its issuance unless extended for one or more additional two year periods upon the filing by the owner(s) of a sworn affidavit and income verification of the present occupants of the accessory dwelling unit with the Town Clerk, with a copy to the Board of Appeals certifying occupancy consistent with the Special Permit. The Special Permit for a low or moderate income unit which is approved as an affordable housing unit under one of the programs identified herein shall be for a period of five years, and shall be renewable in accordance with the foregoing procedure. 5570. Other Requirements. 5571. No Separate Conveyance. The ownership of the accessory dwelling unit shall not be conveyed or otherwise transferred separately from the principal dwelling. 5572. Removal of Separate Facilities. The Building Inspector may, in addition to other remedies, order removal of the separate kitchen facilities, equipment or fixtures that were made or installed to create such unit, if the unlawful use of such unit is discovered. 5573. Revocation. A Special Permit granted hereunder may be revoked by the Board of Appeals for violation of the terms thereof or occupancy of the accessory dwelling unit in violation of the Special Permit or the Zoning Bylaw. 5574. Provision of Information. The applicant for a Special Permit shall file with the Board of Appeals such plans, specifications and other information concerning the unit and its proposed use as the B 10. Special Permit Granting Authority. Unless specifically designated otherwise, the Board of Appeals shall act as the Special Permit Granting Authority. 6220. Criteria. Unless otherwise specifically provided to the contrary, the Board of Appeals shall, before granting special permits, find that in its judgment all the following conditions are met: a. That the use is in harmony with the general purpose and intent of the bylaw; b. That the use is in an appropriate location and is not detrimental to the neighborhood and does not significantly alter the character of the zoning district; c. Adequate and appropriate facilities will be provided for the proper operation of the proposed use; d. That the proposed use would not be detrimental or offensive to the adjoining zoning districts and neighboring properties due to the effects of lighting, odors, smoke, noise, sewage, refuse materials or other visual nuisances; e. That the proposed use would not cause undue traffic congestion in the immediate area. 6230. Procedures. An application for a special permit shall be made in accordance with the rules and regulations of the Special Permit Granting Authority. 6240. Conditions. Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the Special Permit Granting Authority may deem necessary to serve the purposes of this Bylaw. 6250. Plans. An applicant for a special permit shall submit a plan in substantial conformance with the rules and regulations of the Special Permit Granting Authority. 6260. Regulations. The Special Permit Granting Authority may adopt rules and regulations for the administration of this section. 6270. Fees. The Special Permit Granting Authority may adopt reasonable administrative fees and technical review fees for applications for special permits. 6280. Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 12 months following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in G.L. c. 40A, s. 17, from pplication for a Special Permit under this section, the applicant may consult with the Planning Board prior to the hearing and the Planning Board may submit in writing, prior to the hearing, its recommendations and report to the Board of Appeals. 5550. Number of Accessory Dwelling Units. The number of accessory dwelling units permitted under this bylaw shall not exceed five percent of the total number of single-family residences existing in the Town at the beginning of the year in which the application was filed. 5560. Duration of Special Permit. 5561. The Special Permit for an accessory dwelling unit occupied by persons related to the family owning and residing in the principal dwelling may be issued for the duration of such occupancy. Such permit shall require the filing by the owner(s) of a sworn affidavit with the Town Clerk, with a copy to the Board of Appeals, certifying such occupancy every four years consistent with the Special Permit. Such permit shall automatically terminate upon the sale, transfer, or other change in ownership of the principal dwelling unit. 5562. The Special Permit for a unit occupied by domestic help shall be issued for a period of two years. The permit shall automatically expire on the second anniversary of its issuance, unless extended for one or more additional two year periods upon the filing by the owner(s) of a sworn affidavit with the Town Clerk, with a copy to the Board of Appeals certifying occupancy consistent with the Special Permit and this subsection. Such permit shall automatically terminate upon the sale, transfer, or other change in ownership of the principal dwelling unit. 5563. The Special Permit for a unit occupied by a low or moderate income family shall be issued for a If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] Board of Appeals" "[INST] Context: SECTION TEN: USES AUTHORIZED BY SPECIAL PERMIT OF THE MUNICIPAL COUNCIL 10.1 PROCEDURES The requirements of Section 10.0 of the Zoning Ordinance of the City of Taunton for documentation and information when submitting an application for Special Permit to the Municipal Council shall apply to all applications for variances from the requirements of the said Section 10.0 submitted to the Zoning Board of Appeals which does not comply with the said requirements shall be determined to have been improperly filed and shall be rejected. The Board of Appeals may authorize use variances for uses and activities not otherwise permitted in the district in which the land or structure is located, provided, however, that no variance allowing the establishment of condominiums, apartments, two family dwellings, or row houses containing two or more dwelling units in any district shall be granted. (See Section 3.3, #3 consistency with use variance decisions) Applications for Special Permits of the Municipal Council shall be submitted as follows: The Zoning Ordinance shall provide for specific types of uses which shall only be permitted in specified districts upon the issuance of special permit. Special permits may be issued only for uses which are in harmony with the general purpose and intent of this ordinance and shall be subject to general or specific provisions set forth therein; and such permits may also impose conditions, safeguards, and limitations on time and use. Refer to Section 3.4 and 3.5 for more information on the special permit process and the Special Permit Granting Authority. 1). The applicant shall submit plans to the City Planner who shall advise the applicant as to the pertinent sections of the Zoning Ordinance. The applicant shall submit the special permit application to the City Planners office for distribution to interested departments and boards for review. The original application shall be submitted to the City Clerk's Office. The special permit application shall be reviewed by the City Planner for completeness before the application is referred to the boards and departments. Plans submitted for review place in the City Hall for a period of not less than 14 days before the day of such hearing. The Board shall also notify by mail, postage prepaid, the petitioner, abutters, owners of land directly opposite on any public or private street or way, and the owners of land within three hundred (300) feet of the property line, the Planning Board of Taunton and the Planning Board of every abutting city and town. Such notice shall be mailed to all parties as they appear on the most recent Taunton property tax records. 3.4 SPECIAL PERMIT GRANTING AUTHORITY (SPGA) 3.4.1 Designation of SPGA Special permits may be authorized for specific types of uses in designated districts by the special permit granting authority specified in the ordinance (the Board of Appeals, the Municipal Council, the Planning Board; See Section 5.2). 3.4.2 General Requirements Special permits may only be issued after the special permit granting authority finds that the use is in harmony with the general purpose and intent of this Ordinance and that the specific provisions set forth within this Ordinance are met. For the applicable special permit authority, see Section 5.2. Special permits shall not be subject to application for a variance to the Zoning Board of Appeals. The special permit granting authority may impose conditions, safeguards, and limitations on time or use of a special permit. (See Section 10.1.1 for further Special Permit requirements) 3.4.3 Review by Official Board All petitions for special permits shall be submitted to and reviewed by the Planning Board, Board of Health, Tree Warden, Fire Department, Traffic Safety Officer, Zoning Enforcement Office, Conservation Commission, Community Planning and Economic Development and the Historic District Commission and other municipal departments, who shall make such recommendations as they deem appropriate and shall send copies thereof to the special permit granting authority and to the applicant; provided, however, that failure of any of the above to make recommendations within thirty-five days of receipt of the petition shall be deemed lack of opposition the underlying district. Developments within the overlay zone must conform to the requirements of both zones or the more restrictive of the two. PERMIT GRANTING AUTHORITY - the Board of Appeals. PRE-DEVELOPMENT GRADE - the elevation of the average crown of the adjacent road, or roads, or average natural grade at the base of the structure, whichever is higher. A grade may be increased up to five (5) feet above pre-development grade for a residential structure. Any increase in fill or grade above five feet shall constitute a decrease in the maximum height allowed for residential structures ROADSIDE STAND - a permitted accessory agricultural use in which vegetable produce of a farm or garden and no other products, articles or merchandise may be sold, except that Christmas trees and wreaths grown elsewhere may be sold. ROWHOUSE - is a building having a party wall with another building adjoining. ROWHOUSES - buildings for residential use for one family each, having separate entrances, plumbing, and heating systems, attached to each other in a linear formation and divided by party or fire walls without openings. (See Section 10.3 no group of rowhouses shall contain less than three nor more than eight units). SPECIAL PERMIT GRANTING AUTHORITY - Board of Appeals, Municipal Council, Planning Board or other entity designated herein pursuant to Chapter 40A; to issue certain types of special permits. (See 3.4/1) STORY - that portion of a building contained between any floor and the floor or roof next above it, but not including any portion so contained if more than one-half of such portion vertically is below the average mean finished grade of the ground adjoining such building. STORY, HALF - that portion of a building next beneath a sloping roof and in which there are less than four (4) feet vertically between the floor and the intersection of the bottoms of the rafters with the interior faces of the walls. STREET - a public way; or a way which the City Clerk certifies is maintained and used as a public way; or a way shown on a plan approved in accordance with the subdivision control law; or a way in existence when the subdivision control law became effective i SECTION NINE: USES AUTHORIZED BY SPECIAL PERMIT OF THE BOARD OF APPEALS 9.1 ACCESSORY USES CUSTOMARILY RELATED TO PERMITTED PRINCIPAL USES (In Office district) Accessory use such as a pharmacy, apothecary shop, a store for the sale of corrective garments or bandages, the sale of optical supplies, or a restaurant, or with a similar relation to the authorized principal uses, provided it is located within the same building as the principal use, and is without direct outside access for customers. 9.2 NON-DWELLING BUILDINGS IN FLOOD PLAIN DISTRICT Non-dwellings are subject to such limitations and conditions as the Board of Appeals may deem pertinent with respect to flooding and the flood plain district requirements, including: a. Geographic location of proposed building and security of driveway and walkway access to it during flooding; b. Foundation elevations of proposed building and security of foundations during flooding, including assurance that the foundations would not be undermined and that the proposed building would not be floated off, swept away nor battered off during flooding; c. Disposal of sewage from the proposed building and containment of sewage during flooding; d. Safety of water, sewage, gas, electric and fuel utilities from breaking, leaking, short-circuiting, grounding, igniting, electrocution, or other dangers during flooding; e. A determination by the Board of Appeals with respect to soil structure and the general character of development in the neighborhood, and with respect to flooding and health and welfare factors; f. Each building erected in a Flood Plain District, shall be on a lot of not less than the width and area required by the underlying zoning; g. On each lot in a Flood Plain District, an open yard space not less than thirty-five (35) feet deep, shall be provided all along each property line of such lot, except that where a property line is in a river, stream, pond, or swamp, every part of any building shall be not less than fifty (50) feet from the shore or such waterbody, or from mean high tide line on tidal shores. h. Buildings permitted in Flood Plain Districts shall not exceed one and one-half (1 1/2) stories nor twenty (20) feet in height but this limitation shall not apply to cranes, derricks, chimneys, skylights, ventilators, cupolas, weathervanes, flagpoles or lookout or diving platforms associated with such buildings; i. Buildings, shall not cover more than five (5%) percent of the gross area of any lot in any Flood Plain District. Notice of application for special permits shall be given to the Zoning Enforcement Office, and the Conservation Commission. ignificant decrease in surface or groundwater quality, or environmental degradation. If the Special Permit is granted, there shall be no amendments, changes or transfer or ownership without Planning Board review and approval. In accordance with Section 9 of General Laws Chapter 40A, all granted permits necessary for the prosecution of the work shall be obtained and construction shall be commenced within two years from the date of filing of the Board's decision in the office of the City Clerk. 14.2 INCLUSIONARY HOUSING 14.2.1 PURPOSE The provisions of this Section are designed: a) to increase the supply of safe and sanitary housing in the City of Taunton that is available to and affordable by low, moderate and middle income households; b) to encourage a greater diversity of housing accommodations to meet the needs of family households and other City residents; c) to promote a reasonable mix and distribution of housing opportunities throughout the City and d) preventing the displacement of low, moderate and middle income Taunton residents. 14.2.2 APPLICABILITY Any residential development may seek to increase its density of development through a special permit, provided it meets the standards for the provision of affordable housing outlined in this section. 14.2.3 DEFINITIONS LOCAL HOUSING AUTHORITY - the local housing partnership is the organization recognized by the Massachusetts Housing Partnership (MHP) as a MHP affiliate. The central role of the local housing partnership is the promotion of affordable housing opportunities. The Taunton local housing partnership is designated by the Mayor. LOW INCOME HOUSEHOLDS - ""Low income families"" are those whose incomes do not exceed 50 percent of the median income of the area, with adjustments for smaller and larger families. MODERATE INCOME HOUSEHOLDS - ""Moderate income families"" are those whose incomes are no greater than 80 percent and no less than 50 percent of the median income of the area, with adjustments for smaller and larger families. MIDDLE INCOME HOUSEHOLDS - ""Middle income families"" a If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] I don't know" "[INST] Context: s section does not provide for ""two-family"" or ""duplex"" type housing. [Added 12-4-1990 STM by Art. 9] B. An owner or owners of a single-family dwelling in an RA or RB District may apply to the Board of Appeals for a special permit for the construction and occupancy of an accessory dwelling unit, hereinafter ""accessory apartment"" .in such single-family dwelling. In no case shall there be more than one accessory apartment in any single-family dwelling. C. In accordance with the provisions of Article XI of this bylaw, and after due consideration of the report and recommendation of the Board of Health (see Subsection C), the Board of Appeals may grant a special permit provided that: [Amended 12-4-1990 STM by Arts. 10 and 11; 4-27-1991 STM by Art. 7] (1) The accessory apartment is accessory to the principal residence, the floor area of the apartment shall not exceed 35% of the floor area of the principal residence and the apartment combined, and either the apartment or the principal residence is occupied by the owner of the lot on which the apartment is to be located, except for bona fide temporary absences. (2) Adequate provision has been made for the disposal of sewage, waste and drainage of such accessory apartment in accordance with the requirements of the Board of Health. (3) Adequate provision has been made for ingress and egress to the outside from such accessory-apartment. (4) The construction and occupancy of the accessory apartment will not be detrimental to the neighborhood in which the lot is located. (5) The lot on which the accessory apartment and principal residence are located contains at least one acre. (6) Adequate provision has been made for off-street parking of motor vehicles in such a fashion as is consistent with the character of a single-family residence. (7) There is no other apartment on the lot on which the accessory apartment is to be located. D. In order to ensure compliance with Subsection B(2) above, the applicant shall obtain and submit to the Board There is no other apartment on the lot on which the accessory apartment is to be located. D. In order to ensure compliance with Subsection B(2) above, the applicant shall obtain and submit to the Board of Appeals prior to the hearing a written report of the Board of Health certifying that the conditions of Subsection B(2) have been met. The Board of Health may supplement its report within five days after the hearing. E. Any owner or owners of a single-family dwelling in RA and RB Districts seeking a new or a renewal of an accessory apartment permit shall agree to abide by the terms of a local housing agency or partnership program to ensure moderate income occupancy of the apartment thus created for a period of not less than five years. The local housing agency or partnership shall permit deferral of the program if the homeowner wishes to accommodate initially a family member or members. For the purpose of this section, family member shall be defined as one of the blood, step or adopted relatives of the homeowner or spouse as follows: mother, father, sister, brother; son, daughter, uncle, aunt, grandmother, grandfather and/or their spouses. Should the family member ""vacate"" the accessory apartment, the agreement with the local housing agency or partnership may be voided, providing the accessory apartment is discontinued and the dwelling reverts back to compliance with 145-26A(1). Any apartment proposed hereunder shall comply with all applicable provisions of this 145-36. Any permit granted, pursuant to :this section shall be of five years duration revocable upon sale of the property unless the buyer, by written notice to the Board of Appeals, agrees to the local housing agency or partnership program for the balance of the term. [Amended 12-4-1990 STM by Art. 12] §145-37. Apartments. A. Zoning district allowed: RA, RB. B. Minimum lot area: eight acres. C. Minimum lot frontage: 500 feet. D. Minimum front yard: 100 feet. E. Minimum side yard: 60 feet. F. Minimum rear yard: 60 feet. G. ARTICLE IX Special Provisions §145-34. Additional requirements. §145-35. Motels. A. The density of motel units per acre shall be no more than five. [Amended 5-18-1987 STM by Art. 22] B. On each lot used for motel purposes there shall be provided front yard 60 feet in depth, rear and side yards each not less than 50 feet in depth. C. A space not less than 20 feet shall be maintained open with grass, bushes, flowers or trees all along each side lot, rear lot and front lot, except for entrance and exit driveways, and such open space shall not be built on, nor paved nor used for parking. D. No space within the required front yard depth shall be used for parking except as a temporary nature such as for registering. No parking spaces are allowed in required yard depths and all parking shall be at the side, rear or under the building for which it is intended. E. Each motel site shall be provided with not more than two motor- vehicle driveways for each abutting street which shall intersect the abutting street or streets at 90. F. Each rental unit shall contain not less than 250 square feet of habitable floor area. G. Subject to Board of Appeals, uses such as but not limited to restaurants, convention facilities, health clubs, retail shops, beauty and barber shops are permitted within motels containing 100 or more units. H. Hotels/motels in operation prior to January 1, 1970 have the capability to expand to a maximum density of 10 units per acre with or without individual kitchens. [Added 4-29-1991 ATM by Art. 41] §145-36. Accessory apartments in residential district. A. Purpose. Recognizing the need to provide alternative affordable housing for family members, the following regulations are established for accessory apartments in a residential district. It is expressly understood that this section does not provide for ""two-family"" or ""duplex"" type housing. [Added 12-4-1990 STM by Art. 9] B. An owner or owners of a single-family dwelling in an RA or RB District may apply to the Board of A llowed for calendar year 2008, which have not been issued by the effective date of this amendment, shall be available for issuance pursuant to this amendment for the remainder of calendar year 2008. If in any year that this bylaw is in effect, all 28 building permits that may be issued in the calendar year are issued prior to the end of the calendar year applications shall be processed as follows. Whenever an individual or entity submits a complete application for a building permit prior to the end of the calendar year, those individuals or entities shall be assigned numbers with their applications in order of receipt. Those permits that have been assigned numbers shall be issued first in the next calendar year prior to the issuance of any other permits and shall be counted as part of the 28 allowable in the ensuing calendar year. A ""complete"" application shall include all necessary approvals from other boards, including well and septic approvals. §145-85 Special permit exemption. A. The Planning Board may grant a special permit under this section only if the Board determines that the probable benefits to the community outweigh the probable adverse effects resulting from granting such permit, considering the impact on schools, other public facilities, traffic and pedestrian travel, recreational facilities, open spaces and agricultural resources, traffic hazards, preservation of unique natural features, planned rate of development, and housing for senior citizens and people of low or moderate income, as defined by the Commonwealth of Massachusetts Department of Housing and Community Development, as well as conformance with Master Plan or Growth Management Plans prepared by ommission, and Board of Selectmen for written comments and recommendations. In addition to the above-noted boards, a special permit granting authority (SPGA) may refer a special permit application to any other Town agency/board/department/officer for comments and recommendations if it so desires before taking final action on said special permit application. The decision of the SPGA to refer the matter to another Town agency/board/department/officer may be made without a public hearing. [Amended 4-27-1991 STM by Art. 12] (2) Any such board or agency to which applications are referred for comment shall make its recommendations and send copies thereof to the SPGA and the applicant within 35 days of receipt of the referral request by said board or agency or there shall be deemed no opposition or desire to comment. The SPGA shall not act upon said special permit until either comments from referred boards or agencies have been received or said 35 days have elapsed, whichever is sooner. Applications referred to more than one board or agency may be reviewed jointly by said boards or agencies. F. Decision. [Amended 4-27-1991 STM by Art. 13] (1) In addition to any specific requirements elsewhere in this bylaw, or where no specific restrictions are made applicable to a use allowed by special permit, the SPGA may grant a special permit, but only upon its written determination that the proposed use will not have adverse effects which overbalance its beneficial effects on either the neighborhood or the Town, in view of the particular characteristics of the site. The SPGA may require the applicant to pay the costs of hiring independent experts chosen by the SPGA to review any information required by the board. The determination shall indicate that the proposed use will be in harmony with the general purpose and intent of this bylaw and shall include, but not be limited to, consideration of each of the following: (a) Adequacy of the site in terms of size for the If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] Board of Appeals" "[INST] Context: e plan should show all existing buildings and structures including accessory uses and structures; parking, both existing and proposed; and on a separate plan the existing and proposed interior layout of the residence including walls, location of entrances and exits, locations of proposed and existing bath and dining facilities. Unless waived by the Special Permit Granting Authority said plan(s) as prepared and stamped by a registered architect or engineer. If the lot lines and boundaries are not based upon the original or subsequent plan of land as prepared by and stamped by a registered land surveyor said plan(s) as required by this section must be so certified. 3. A building elevation plan shall also be required showing the proposed alterations to the building exterior if any and the proposed locations and design of any separate entrances to serve the proposed living quarters. 4. Evidence that the subject property and primary residence is owned and occupied by the applicant. 4.15.30 Decision Criteria - A special permit for temporary independent living quarters shall be approved upon a determination by the Special Permit Granting Authority that the requirements of Section 1.16.00 Special Permits including 1.16.14 Mandatory Finding of Special Permit Granting Authority and the following additional criteria have been met: 1. The proposed exterior changes to the principal residential unit are such that the appearance does not deviate to any substantial extent from the appearance of the residential dwelling prior to the change and conforms to the established residential character of the neighborhood. 2. That the total square foot areas of the proposed temporary independent living quarters not exceed 20% of the existing living space up to 700 square feet of living space. 3. That the design of the proposed living quarters be engineered to be easily assimilated or reincorporated into the primary structure for use once the need for the use ceases. 4. That the design incorporates the provision for additional off street parking areas as required e of the Town Clerk and no appeal has been filed, or that if such an appeal has been filed, it has been dismissed or denied. 1.16.18 Conditioning by the Special Permit Granting Authority -The Special Permit Granting Authority may for valid reason limit the term of a special permit to be conditional upon specific ownership of the property and/or structure. The Special Permit Granting Authority may also require a resubmission of documentation concerning the conditions in evidence at the time of the original granting or subsequent thereto if for said good reason a reevaluation of items concerning the health, safety and welfare of the inhabitants of the Town of Tyngsborough is in order. Said reevaluation must be so stated and fixed in period during the original granting. 1.16.20 Site Plan Special Permits - Site plan review of the Special Permit Granting Authority is requested for certain uses prior to approval of an applicant for a special permit. 1.16.21 Applicability - A Site Plan Special Permit shall be required in all instances as follows: 1. for the initial development of land specified in section 2.11.30 Table of Permitted Uses as requiring a Site Plan Special Permit and for all accessory uses thereto, or 2. where the gross floor area of an existing building is increased 1,200 square feet or more for uses designated as requiring a Site Plan Special Permit on the Table of Permitted uses, or 3. where a use designated as requiring a Site Plan Special Permit on the Table of Permitted Uses is expanded in ground area by 1,200 square feet or more of either impervious material, open storage or any area of the site devoted to the conduct of the principal accessory use. 1.16.22 Application Contents - Any person who desires to obtain a Site Plan Special Permit shall submit a written application therefore to the Special Permit Granting Authority as shown in Section 2.11.30 of this By-law. Each such application shall be accompanied by the following: 1. A written statement detailing th desires to obtain a special permit shall submit a written application therefore to the Special Permit Granting Authority. Each application shall be accompanied by the information required by the Special Permit Granting Authority and this By-law. 1.16.11 Rules and Regulations and Fees - The Special Permit Granting Authority shall adopt, and from time to time amend, Rules and Regulations, not inconsistent with the provisions of this By-law or Chapter 40A of the General Laws or other applicable provision of the General Laws, and shall file a copy of said Rules and Regulations with the Town Clerk. Such rules shall prescribe as a minimum the size, form, contents, style and number of copies of plans and specifications, the town boards or agencies from which the Special Permit Granting Authority shall request written reports and the procedure for submission and approval of such permits. The Special Permit Granting Authority may adopt, and from time to time amend, fees sufficient to cover reasonable costs incurred by the Town in the review and administration of special permits. 1.16.12 Reports from Town Boards or Agencies - The Special Permit Granting Authority shall transmit or cause to be transmitted pursuant to 1.16.12 forthwith a copy of the application and plan(s) to other boards, departments, or committees as it may deem necessary or appropriate for their written reports. At a minimum, unless waived pursuant to Section 1.16.23, all applications for special permits pursuant to this section shall be submitted to the Planning Board, the Board of Selectmen, the Building Inspector, and Conservation Commission. Other referrals may involve at the SPGA's discretion the Police Chief, the Fire Chief, the Highway Surveyor and others whose input it determined to be of value in the decision making process. Any such board or agency to which petitions are referred for review shall make such recommendation or submit such reports as they deem appropriate and shall send a copy thereof to the Special Permit Granting Authority and to the app of the property owner of record. 4. That the temporary independent living quarters be assimilated, reincorporated or otherwise returned to its former residential use if vacant for a period exceeding six months. 5. That the Special Permit become immediately null and void upon the advertisement, listing, or other actions of which the intent is to market or solicit the living quarters as a rental unit. 4.16.00 Special Permit - Telecommunications Towers (TC-1) A. Purpose: The purpose of these regulations include: minimizing adverse impacts of wireless communications facilities, satellite dishes and antennas; minimizing the overall number and height of such facilities to only what is essential, and promoting shared use of existing facilities to reduce the need for new facilities. B. General Requirements: 1. No wireless communications facility, which shall include monopoles, satellite dish(es) over three (3) feet in diameter or antenna, shall be erected or installed except in compliance with the provisions of this Section. In all cases, a Special Use Permit (SUP) is required from the Planning Board (the ""Board""). Any proposed extension in the height, addition of cells, antenna or panels, or construction of a new or replacement of a facility shall be subject to a new application for a Special Use Permit. 2. Only free-standing monopoles, with associated antenna and/or panels are allowed as specified in Paragraph D below. Lattice style towers and similar facilities requiring three or more legs and/or guy wires for support are not allowed unless the Board determines that based on specific findings of fact that a monopole is not suitable for the location and that the best interest of the Town will be served by the construction of a lattice style tower. Any lattice style tower previously constructed on premises of the Tyngsborough Water District or the Town of Tyngsborough prior to the enactment of this by-law will be allowed. 3. Wireless communications facilities shall be located in telecommunication zoning districts and shall be suitably screened from asily assimilated or reincorporated into the primary structure for use once the need for the use ceases. 4. That the design incorporates the provision for additional off street parking areas as required. 5. That the proposed design and plan shows the provision for not more than one temporary independent living quarters per existing residential unit and that not more than one additional bedroom be constructed. 6. That the design and plan does not provide for separate metered utilities serving the proposed temporary independent living quarters. 7. A restriction including all the conditions must be recording at the Middlesex North Registry of Deeds together with a subordination agreement by any bank or lease holders. 8. The proposed temporary independent living quarter must be within or have a common wall with the single family dwelling unit and not be separated by a hall, stairwee or foyer. For the purpose of this section, the definition for a common wall is one that is connected, usable, and hearted on both sides of the existing dwelling unit. [Amended 9/12/00] 9. That the proposed temporary independent living quarters must be entered through the main dwelling unit and may not have an independent exit directly to the outside, unless waived by the Special Permit Granting Authority for reasons of handicap accessibility. [Amended 9/12/00] 4.15.40 Special Permit Conditions - The Planning Board, acting as the Special Permit Granting Authority may impose special conditions, terms, and other limitations or restrictions regarding the use of temporary independent living quarters pursuant to this Section as follows: 1. A time limit on the validity of the Special Permit be imposed. 2. That the Special Permit become invalid upon the sale or transfer of the property. 3. That the primary dwelling be the principal residence of the property owner of record. 4. That the temporary independent living quarters be assimilated, reincorporated or otherwise returned to its former residential use if vacant for a period exceeding si If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] Planning Board" "[INST] Context: ARTICLE VIII Special Permits and Site Plan Review Section 190-42. Purpose and intent. It is the purpose and intent of this Article to provide the designation of the board or agency which shall act on the various special permits, the general and specific regulations governing special permits and the procedures by which special permits shall be granted. Section 190-43. Designation of special permit granting authority. The Board of Appeals shall act as the special permit granting authority for all special permits required under this chapter, except where the Planning Board or other agency is specifically designated as the special permit granting authority by this chapter. A. The Board of Selectmen and the Planning Board shall appoint an associate member of the Planning Board for a term of one (1) year. When the Planning Board has been designated as a special permit granting authority by this chapter, the chairman of the Planning Board may designate the associate member to sit on the Planning Board in the case of absence, inability to act, or conflict of interest on the part of any member of the Planning Board or in the event of a vacancy on the Planning Board. See §190-73 for the general submission requirements for applications to the Zoning Board of Appeals and the Planning Board. **Webmasters Note: The previous subsection, A, has been added as per Case No. 1986 from town meeting dated 4/1/02. Section 190-44. General regulations. Certain uses, structures or conditions are designated in Article IV, Use Regulations, as requiring a special permit. Upon submission of a written application duly made to the special permit granting authority, the special permit granting authority may, in appropriate cases, subject to the requirements of state law, applicable conditions contained herein and to all other reasonable conditions and safeguards, grant a special permit for such uses, structures or conditions. A. Before granting a special permit, the special p cupy at least one (1) of the dwelling units on the premises. The special permit shall be issued to the owner of the property. Should there be a change in ownership, a change in the residence of the owner or the death or removal of the surviving parent or family member occupying the accessory apartment, the special permit use and the certificate of occupancy for the accessory apartment shall become null and void. Within ninety (90) days of the death or removal of the surviving parent or family member, or prior to a change in ownership or residence, the second kitchen shall be removed and the house shall revert to a single-family status. Should the new owner decide to live in the structure and desire to continue the use of the second dwelling unit, he shall apply to the Zoning Board of Appeals for a special permit. The owner-applicant shall be required to file on the subject property a declaration of covenants prior to the issuance of a special permit for an accessory apartment. This declaration shall be in favor of the Town of Wakefield and state that: a. The special permit for an accessory apartment or any renewal of said special permit shall terminate upon the death of the undersigned and the spouse of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as his principal residence. b. The new owner of the premises shall have to apply to the Zoning Board of Appeals for a special permit to continue the accessory apartment. (4) The special permit shall be issued on a year-to-year basis, and the Board of Appeals shall not renew any such permit where the need for such accessory use no longer exists. The Board shall require a bond or surety to insure that any improvements made shall be removed at the expiration of such special permit or the sale of the premises, whichever occurs first. (5) An accessory apartment must be located in the principal dwelling, provided that such principal dwelling conforms to the other requirements of this chapter, unless a variance therefor shall have been granted by the ment or successor agency. This is in order to ensure the long-term affordability of the designated affordable dwelling units. The applicant shall submit proof to the Special Permit Granting Authority that the use restriction or regulatory agreement was recorded at the Registry of Deeds prior to obtaining any building permit for the project; **Webmasters Note: The previous subsections, F(6) and F(6)(a), has been added as per an update approved at a town meeting held on 4/5/04. G. Conversions to apartments. (1) A single-family dwelling in the Single Residence District may be converted to a two-family dwelling, provided that the dwelling contains nine (9) or more rooms, was originally constructed prior to 1935 and is located on a lot of twelve thousand (12,000) square feet or more. In the Single Residence District, a special permit shall be required from the Board of Appeals. [Amended 5-23-1994 ATM by Art. 39] (2) A single- or two-family dwelling in the General Residence District or Business District may be converted to a three- or four-family dwelling, provided that: (a) The dwelling is located on a lot of thirteen thousand (13,000) square feet or more. (b) There shall be a minimum lot area of three thousand five hundred (3,500), square feet for each dwelling unit provided. (c) There shall be a minimum floor area of six hundred fifty (650) square feet for each dwelling unit provided. (d) A special permit shall be obtained from the Board of Appeals. Conversions in the Business District shall be granted only if the Board of Appeals determines that the proposed residential use will not be detrimental to the economic health of the Business District and that the proposed location is a suitable residential environment. (e) The conversion shall meet all building codes, fire, safety and health regulations and other sections of this chapter. Section 190-33. Cluster development. A. Cluster development may be allowed by special permit by the Planning Board only in Special Single Residence (SSR) and Single Residence (SR) Di (6) The intent of this Subsection (6) is to increase the supply of housing in the Town of Wakefield that is permanently available to and affordable by low and moderate income households and to encourage a greater diversity of housing accommodations to meet the needs of families and other Wakefield residents; and developing and maintaining a satisfactory proportion of the Town's housing stock as affordable dwelling units. To that end, the Special Permit Granting Authority at the time of the granting of the special permit pursuant to § 190-32 may require the applicant to provide affordable dwelling units up to and including 18% of the total . number of dwelling units provided on the sites which is the subject of the § 190-32 application. Affordable dwelling units shall be defined as dwelling units which count toward the Town of Wakefield's Massachusetts General Laws, Chapter 4013 Subsidized Housing Inventory as the same may be amended from time to time. When the percentage calculation does not result in a whole number it shall be rounded to the nearest whole number, but not less than one. Thus if so required by the Special Permit Granting Authority, (a) The applicant shall submit to the Special Permit Granting Authority, a use restriction or regulatory agreement that establishes an affordability restriction for the maximum period allowed by law for the designated affordable dwelling units. The applicant shall provide, when requested by the SPGA, (1) a copy of the application for a Local Initiative Project or similar program, acceptable to the SPGA, that allows the units be added to the town's subsidized housing inventory under Massachusetts General Laws, Chapter 40B, as amended from time to time; ( 2 ) a complete draft regulatory agreement; and ( 3 ) a letter stating the site has been preliminarily approved by the Department of Housing and Community Development or successor agency. This is in order to ensure the long-term affordability of the designated affordable dwelling units. The applicant shall submit proof to the Special Permit Granting Authority that the u transportation to and from. the resident's place of business. (d) The vehicle shall be parked within the property lines of the lot but shall not be parked in the area immediately in front of the principal dwelling unless the area is paved and leads to a garage. Section 190-22. Accessory uses. A. Residential accessory uses. [1] Single-family. Single-family residential accessory uses shall include the following: (a) Home occupation as defined in Section 190-4, Definitions and word usage. (b) Private swimming pool, provided that a fence or protective barrier not less than five (5) feet in height and having self-latching devices on all gates shall be installed and maintained so as to completely enclose the. swimming pool. All latches shall be located not less than four (4) feet above ground. (c) Temporary yard, lawn or garage sales with permit [one (1) day a year]. (d) Garage for parking non-commercial vehicles. (e) Storage shed or barn not exceeding one thousand two hundred (1,200) square feet in area or twenty-five (25) feet in height. (f) Accessory apartments. [Added 5-10-1993 ATM by Art. 34] (1) Purpose and intent. It is the specific purpose and intent of allowing accessory apartments within one-family properties, except where enforceable deed covenants prohibit the same, in all one-family residence districts to meet the special housing needs of families. To help achieve these goals and to promote the other objectives of this chapter, specific standards are set forth below for such accessory apartment uses. (2) Accessory apartments may be created only within single-family dwellings which are located on lots meeting the minimum lot area and width requirements of the applicable zone. (3) Owner occupancy required. The owner(s) of the one-family lot upon which the accessory apartment is located shall occupy at least one (1) of the dwelling units on the premises. The special permit shall be issued to the owner of the property. Should there be a change in ownership, a change in the residence of the owner or the If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] Zoning Board of Appeals " "[INST] Context: Accessory Apartment 1. The temporary special permit for an accessory apartment in a single family dwelling shall terminate upon the sale of the property or transfer of title of the dwelling. The permit holder shall notify the Building Inspector within thirty (30) days of the of the sale or transfer. 2. Upon receiving a special permit the owner(s) must file on the subject property a Declaration of Covenants at the Worcester County Registry of Deeds. The Declaration shall state that the right to rent a temporary accessory apartment ceases upon transfer of title. A time stamped copy of the recorded Declaration shall be provided to the Board of Appeals. 3. Upon transfer of title new owners wishing to maintain an accessory apartment must re-apply for a new special permit in accordance with the procedures specified herein. 4. Upon receiving a special permit the new owner(s) must file on subject property a Declaration of Covenants at the Worcester County Registry of Deeds. The Declaration shall state that the right to rent a temporary accessory apartment ceases upon transfer of title. A time stamped copy of the recorded Declaration shall be provided to the Board of Appeals. F. Accessory Apartments in Existence Before the Adoption of Accessory Apartment Bylaw It is the intent of this by-law to ensure that accessory apartments or conversions in existence before the adoption of this by-law are in compliance with the State Building Code Regulations. Application Procedure: 1. The Board of Appeals may authorize, under a special permit and in conjunction with the Building Inspector, an accessory apartment. The Board will review each existing use on a case-by-case basis to determine if the dwelling conforms to State Building Code Regulations. 2. The applicant must follow the same procedure described in Sections D and E of this by-law, including the submission of a notarized letter declaring the owner occupancy and a Declaration of Covenants. 3. Fines shall be levied in accordance with Sections 6.3 of the .The owner of the premises shall occupy one of the dwelling units, except for bona fide temporary absence. 2. Only one apartment will be created within a single family dwelling. 3. The accessory apartment shall be designed so that the appearance of the building remains that of a one family residence as much as possible. 4. Any new entrances shall be located at the side or the rear of the building. 5. The accessory apartment shall be clearly a subordinate part of the single family dwelling and any additions shall not increase the square footage of the original structure by more than 10 percent. 6. An accessory apartment shall be no greater than 700 sq. ft. nor shall it contain more than one bedroom. 7. At least three off-street parking spaces are available for use by owner(s) and tenant(s). 8. The Board of Health shall certify that the septic system is adequate for the disposal of sewage to be generated by both units, or that plans have been approved which will bring the system into compliance with the Board's regulations. No occupancy permit shall be issued until the Board of Health issues a Certificate of Compliance in accordance with Title 5 of the State Environmental Code. D. Special Permit Application Procedure The application for a Special Permit to the Board of Appeals for an accessory apartment allowed under this section shall also include the following: 1. A notarized letter from the owner(s) stating that he/they will occupy one of the dwelling units on the premises. 2. In order to provide for the development of housing for disabled and handicapped individuals, the Board of Appeals will allow reasonable waivers from this by-law where necessary to install features that facilitate access and mobility for disabled persons. E. Transfer of Ownership of a Dwelling With An Accessory Apartment 1. The temporary special permit for an accessory apartment in a single family dwelling shall terminate upon the sale of the property or transfer of title of the dwelling. The permit h ctions D and E of this by-law, including the submission of a notarized letter declaring the owner occupancy and a Declaration of Covenants. 3. Fines shall be levied in accordance with Sections 6.3 of the Zoning By-law, if the owner of an existing accessory apartment fails to apply to the Board of Appeals for a special permit for an accessory apartment before July, 1991. G. Fees Special Permit filing fees set by the Board of Appeals shall be included with the application for an accessory apartment. These fees shall be used to cover the cost of processing the application. 3.5 Home Occupations A. Definition Home occupation: a business, profession, occupation or trade conducted for gain or support; or business activities associated with a non-profit organization and located entirely within a residential building, or a structure accessory thereto, which is secondary to the use of the building for dwelling purposes. B. General Requirements An owner of a single family dwelling in a SR or GR district may apply for a special permit from the Board of Appeals to convert a portion of the dwelling to a Home Occupation use subject to the following criteria and standards; 1. There shall be no exterior display, no exterior storage of materials and no other exterior indication of the home occupation or other variation from the residential character of the principal building. 2. One sign not to exceed two (2) square feet in area, which shall be attached to a building, is permitted but only to display the occupant's name and occupation. 3. The home occupation shall not generate traffic, parking, sewage, water use, or noise in excess of what is normal in the neighborhood. 4. No more than twenty-five (25) percent of the floor area of the residence shall be used for the purpose of the home occupation. 5. No more than one (1) non-resident of the dwelling may be employed in the home occupation. An off-street parking space shall be provided for the home occupation employee, in addition to those required for er of children under sixteen in a Family Day Care Home shall not exceed six, including participating children living in the residence. Family Day Care Home shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children with or without compensation therefore. E. A Special Permit for a riding stable may be granted by the Board of Appeals if it is determined that the said use is in compliance with all state and local regulations governing the operation and that the term ""Riding Stable"" may include the boarding of horses for a fee. 3.4 ACCESSORY APARTMENTS A. DEFINITION: An accessory apartment is a separate housekeeping unit, complete with its own sleeping, cooking and sanitary facilities, that is substantially contained within the structure of a single family dwelling, but functions as a separate unit. B. PURPOSE: The purpose of the Accessory Apartment by-law are to: 1. Provide an opportunity for the older home owners who can no longer physically or financially maintain their single family home to remain in homes they might otherwise be forced to leave; 2. Make housing units available to moderate income households who might otherwise have difficulty finding homes in town; 3. Provide a variety of types of housing to meet the needs of its residents; 4. Protect stability, property values, and the single family residential character of a neighborhood; and 5. Legalize conversions to encourage the Town to monitor conversions for code compliance. C. Special Permit Procedures and Conditions The Board of Appeals may authorize an accessory apartment by Special Permit in any SR (Single Residence), GR (General Residence), or B (Business) District, provided the following standards and criteria are met: 1.The owner of the premises shall occupy one of the dwelling units, except for bona fide temporary absence. 2. Only one apartment will be created within a single family dwelling. 3. The accessory apartmen ial Permit Granting Authority (SPGA) under such conditions as they may require: a. Enlargement or alteration of existing uses that do not conform to the Aquifer and Watershed Protection District; b. The application of pesticides, including herbicides, insecticides, fungicides and rodenticides for non-domestic or non-agricultural uses in accordance with state and federal standards. The Special Permit shall be granted if such standards are met. If applicable, the applicant should provide documentation of compliance with a Yearly Operating Plan (YOP) for vegetation management operations under 333 CMR 11.00 or a Department of Food and Agriculture approved Pesticide Management Plan (PMP) or Integrated Pest Management (IPM) program under 333 CMR 12.00; c. The application of fertilizers for non-domestic or non-agriculture uses. Such applications shall be made in a manner so as to minimize adverse impacts on groundwater due to nutrient transport, deposition and sedimentation; d. Those activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use is permitted in the underlying zone (except as prohibited under Section 2.) Such activities shall require a Special Permit to prevent contamination of groundwater; e. The construction of dams or other water control devices, ponds, pools or other changes in water bodies or courses created for swimming, fishing or other recreational uses, agricultural uses or drainage improvements. Such activities shall not adversely affect water quality or quantity. G. PROCEDURES FOR ISSUANCE OF SPECIAL PERMIT 1. The Special Permit Granting Authority (SPGA) under this by-law shall be the Planning Board. Such Special Permit shall be granted if the SPGA determines that the intent of this by-law as well as its specific criteria are met. The SPGA shall not grant a Special Permit under this section unless the petitioner's application materials include, in the SPGA's opinion, sufficiently detailed information to support positive findings in relation to the If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] The Board of Appeals" "[INST] Context: ion Commission in any proceeding authorized by G.L. c. 184, s. 33. In addition, the developer shall be responsible for the maintenance of all improvements to the land until such time as the homeowners' association is capable of assuming such responsibility, and/or the Town has accepted responsibility for rights-of-ways and any assigned easements. In order to assure that the association will properly maintain the land deeded to it under this section, the developer shall cause to be recorded at the Middlesex County Registry of Deeds, or other cognizant authority, a Declaration of Covenants and Restrictions that shall, at a minimum, provide the following: 1. Mandatory membership in an established homeowners' association as a requirement for ownership of any lot in the development. 2. Provision for maintenance assessments of all lots in order to ensure that the developed and open space land is maintained in a condition suitable for uses approved by the homeowners' association. Failure to pay such assessment shall create a lien on the property assessed, enforceable by either the homeowners' association or other owner of any lot. 3. Provisions, which so far as possible under the existing law, will ensure that the restrictions placed on the use of the developed and open space land will not terminate by operation of law or, that in the case of termination, that mandatory renewal of all restrictions shall occur automatically. 7.2.12 Decision. The Planning Board may impose additional conditions not inconsistent with this or other sections of the Zoning By-law. 7.3 CLUSTER DEVELOPMENT 7.3.1 Purpose. The purpose of cluster development is to: 1. allow more intensive screened use of separately owned lots by a building and its accessory structures together with preservation of common open space for scenic, agricultural, recreation, and conservation purposes, otherwise not provided by conventional subdivision plans; 2. preserve more greenery and woodlands through less disturbance, temperance of the a t, for review and concurrence by the Planning Board. 3. The total number of dwelling units shall not exceed that allowed by the following formula concurred with by the Planning Board: [Amended 5-5-2010 ATM, Art. 16] USABLE ACRES/MINIMUM LOT AREA = NUMBER OF CONDENSED SIZE LOTS WHERE USABLE ACRES = [TOTAL TRACT ACRES]-[20% EXCLUSION OF TRACT ACRES (streets, walks, easements, etc.)]-[50% TRACT ACRES FOR OPEN SPACE] No structure shall be built or used in a cluster development except in compliance with the use regulations of Section 3.1 [Principal Uses] and with the following dimensional regulations. Minimum Lot Area District,(square feet),Frontage,Front,Side,Rear RA,""15,000"",75,20,10,30 RB,N/A,N/A,N/A,N/A,N/A RM,N/A,N/A,N/A,N/A,N/A 4. Side and rear yard requirements shall apply only where the lot in the cluster development abuts non-cluster adjacent property, elsewhere side and rear yard requirements may be waived by the Planning Board. 5. Larger lot sizes may be required, as determined by the Planning Board with advisory by the Board of Health, where public sewerage is not available, and considering soil conditions, water table and slope conditions. 6. No lot shall have more than ten percent (10%) of its minimum lot area made up of wetlands and slopes greater than twenty-five percent (25%) in grade, singularly or combined. 7. Only single-family dwellings shall be allowed in cluster developments unless provisions of Subsection 7.3.7 are followed. 8. Buildings shall be oriented with respect to scenic vistas, natural landscape features, topography and natural drainage areas in accordance with criteria for site plan review of this 9.4. 9. New dwellings shall be grouped so that fields, pastures, woodlands, and road frontage remain as undeveloped as possible. To serve the purposes of this requirement, subdivision definitive plans shall depict the approximate location line of undisturbed woodlands and other greenery associated with separate building lots. 7.3.5 Open Space. All remain s of this requirement, subdivision definitive plans shall depict the approximate location line of undisturbed woodlands and other greenery associated with separate building lots. 7.3.5 Open Space. All remaining land in the cluster development not contained in building lots or within road rights-of-way shall be held for common use of the residents of the development and, in some circumstances, of the Town as open space and shall meet the following requirements: 1. All such open space parcels, together, shall equal not less than fifty percent (50%) of the overall tract area of the cluster development and shall have building coverage of not more than five percent (5%). 2. Each parcel of such open space or group of adjoining parcels shall be at least two (2) acres in area, have not less than twenty (20) feet frontage on a street and be of such shape and condition as to be useful for recreation or conservation purposes. No more than fifty percent (50%) of all common open space shall consist of wetlands and slopes greater than twenty-five percent (25%) in grade. 3. At least fifty percent (50%) of all lots in a cluster development having reduced lot area shall abut such open space parcels, and no lot having reduced lot area shall be more than eight hundred (800) feet via streets from such parcels, which may be waived by the Planning Board. 4. Desirable qualities of open space reservations are continuity of open space within the development and into existing or potential adjoining developments, protection of watercourses, wetlands, and other ecologically sensitive areas, configuration reflecting land forms and existing vegetative patterns and inclusion of open space to lots of reduced size. 7.3.6 Open Space Conveyance. Open space and such other facilities as may be held in common shall be conveyed to one of the following, as determined by the Planning Board, subject to the following guidelines. In general, valuable natural resource land such as wetlands not suitable for any public use or suitable ance assessments of all lots in order to ensure that the open land is maintained in a condition suitable for uses approved by the homeowners' association. Failure to pay such assessment shall create a lien on the property assessed, enforceable by either the homeowners' association or the owner of any lot. c. Provisions, which, so far as possible under the existing law, will ensure that the restrictions placed on the use of the open land will not terminate by operation of law or, that in the case of termination, that mandatory renewal of all restrictions shall occur automatically. 3. To the Town for a park or open space use, subject to the approval of the Board of Selectmen, with a deed restriction ensuring that it is maintained as open space. 4. To a trust or nonprofit organization for natural resources land or open land not suitable for public use. In the case of land that is to be maintained as active agricultural land, the land must be conveyed to a trust or nonprofit organization whose primary purpose is the preservation of farmland. 5. Subject to the above, the open space may be used for agricultural, conservation or recreational purposes including golf courses, riding trails, tennis courts, gardens, swimming pools and temporary structures. The Planning Board may permit open land of a homeowners' association to be used for individual septic systems or for communal septic systems if it and the Board of Health are convinced that proper legal safeguards exist for proper management of an association-owned system. 6. Prior to development or sale of any lot within a cluster development, all lots to be so developed shall be shown on a plan recorded in the Registry of Deeds or registered with the Land Court, and a covenant or other instrument satisfactory to the Planning Board shall have been executed assuring the open space or recreational use of lands so designated in the application. 7. The cluster development shall be so designed that internal access, drainage, utilities and grading shall or scenic, agricultural, recreation, and conservation purposes, otherwise not provided by conventional subdivision plans; 2. preserve more greenery and woodlands through less disturbance, temperance of the appearance of suburban sprawl associated with conventional subdivision development; and 3. promote less costly development and maintenance outlay. 7.3.2 Administration. The Planning Board may by special permit grant approval for the construction and occupancy of a cluster development, supplemented by appropriate amenities as agreed to by the owner, on a parcel of land in excess of five (5) contiguous acres located in a Residential Districts. Such cluster development shall also require approval under the Subdivision Rules and Regulations of the Planning Board. 7.3.3 Application Procedure. To promote better communication and avoid misunderstanding, applicants are encouraged to submit preliminary proposals and plans for informal review prior to formal application. The following submission is required. 1. Applicants for a cluster development shall submit to the Planning Board six (6) copies of a completed application and ten (10) copies of a plan meeting the specifications for a preliminary plan as established by the Subdivision Regulations adopted by the Ashland Planning Board. Said plan shall also indicate proposed building uses, building locations and development schedule and shall have been prepared by a landscape or registered architect, or civil engineer. Submitted application materials shall also indicate the applicant's legal interest in the land to be developed, the form of organization to be proposed to own and maintain the common land, the substance of covenants and grants of easements to be imposed upon the use of land and structures and the development schedule. 2. At least four (4) copies of a site analysis shall be submitted, consisting of one (1) transparent copy of the above plan, and a series of site analysis drawings at the same scale, each on a separate sheet, indicating Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by right? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] No" "[INST] Context: all apply to MULTI-FAMILY housing in the Village Residential District: 4.13.3.1. Multi-family dwellings shall not exceed eight units per acre unless the applicant proposes and the Planning Board approves a higher percentage of affordable housing units than the percentage achieved under Section the 20% minimum set forth in Section 4.13.1. In- no event shall the Planning Board issue a SPECIAL PERMIT for more than ten units per acre. 4.13.3.2. A MULTI-FAMILY development shall provide a mix of one-, two-, and three-bedroom units, except that no more than ten percent of the units in a MULTI-FAMILY development shall be three-bedroom units. 4.13.3.3. A MULTI-FAMILY building shall contain no more than eight units, and shall not exceed a building height of 35 feet and two and one half stories. 4.13.4. Multi-family housing STRUCTURES shall avoid monotonous, look alike designs and promote high standards of exterior quality and appearance. 4.13.5. Off-Street Parking. Applicants shall provide 1.5 parking spaces per one-bedroom unit and 2 parking spaces. per two- or three-bedroom unit. At least one space per unit shall be located so as to provide convenient access to its assigned dwelling unit. Parking garages will be permitted as a parking space if located and designed so as to complement the building design and site layout. 4.13.6. Setbacks. All buildings must be located at least 25 feet from any side or rear LOT line and 25 feet from any established street layout or, where applicable, any defined street line of a public road; which street setback area shall be undeveloped and/or landscaped. 4.13.6.1. Upon a finding by the Planning Board that a setback of lesser width would be sufficient to screen and/or separate the development from adjacent property, the setback may be reduced. The Board may require no-cut easements, conservation restrictions or the like where the setback has been reduced. 4.13.6.2. The Planning Board may also reduce the setback for MULTIFAMILY development of five or fewer units if the building is architectura duced FRONTAGE LOT created by SPECIAL PERMIT from the Planning Board shall not be further subdivided, or reduced in area, or changed in size or shape. The Planning Board shall require deed restrictions to assure these requirements. 12.7.10. Irregular lot shapes are permitted in an SACD when, in the opinion of the Planning Board, they further the purposes of the bylaw. 12.7.11. The Planning Board may authorize a reduction in side and rear yard setbacks on SACD reduced frontage lots when a reduction furthers the purposes of this Bylaw. 12.7.12. Except as provided in this Bylaw, any LOT in an SACD shall comply with any other dimensional requirements of the Agricultural Residential District. 12.8. Special Permits for Small-Area Cluster Development 12.8.1. The SPECIAL PERMIT Granting Authority (SPGA) for Small Area Cluster Development in the Rural-Agricultural Overlay District shall be the Planning Board. 12.8.2. The requirements for a SPECIAL PERMIT application for a Small-Area Cluster Development shall include the requirements for a SPECIAL PERMIT application in the Agricultural Residential District under Section 6.7 of this Bylaw, and the Small-Area Cluster Development Submission Requirements and Procedures adopted by the Planning Board and on file with the Town Clerk. After adoption of this Bylaw, the Planning Board shall prepare and adopt Small Area Cluster Development Submission Requirements and Procedures following a public hearing. 12.8.3. Special Permit Granting Criteria. The Planning Board may approve a SPECIAL PERMIT for an SACD upon finding that the application complies with the purposes of this Bylaw. In making its decision, the Planning Board shall consider the following criteria: 12.8.3.1. Consistency with the Merrimac Master Plan. 12.8.3.2. Consistency with Design Standards for the Agricultural Residential District in Section 6.10 of this Bylaw. 12.8.3.3. Consistency with Use, Dimensional and Design Standards for Small Area Cluster Development in Section 12.7 of this Bylaw. 12.8.3.4. Protection o adjoining premises against detrimental or offensive uses on the site. 12.8.3.5. The degree to which the proposed SACD protects open space, farmland and historic resources along a designated rural corridor. 12.8.3.6. The degree to SE development and contribute to the MIXED-USE character of the district as a whole. To qualify for a MULTI-FAMILY housing SPECIAL PERMIT, the applicant must integrate dwelling units with a proposed commercial development. Integration may be achieved by one or both of the following methods: 9.10.1.1. Locating units above the ground floor of a commercial building, i.e., an accessory dwelling in a structure occupied principally for commercial uses. 9.10.1.2. Constructing ""free-standing"" or separate MULTI-FAMILY buildings on the same lot, provided they are located behind a commercial development that is oriented toward Route 110 and are connected to the commercial development by pedestrian walkways, appropriate landscaping, lighting and other elements of the site plan. 9.10.1.3. The Town strongly prefers that some of units be located above the ground floor of one or more commercial buildings in a development, and the Planning Board may require the same as a condition of SPECIAL PERMIT approval. 9.10.2. The following density and dimensional rules shall apply to MULTI-FAMILY housing: 9.10.2.1. No more than 60% of the GROSS FLOOR AREA of a proposed MIXED-USE development shall be used for MULTI-FAMILY dwelling units. 9.10.2.2. Multi-Family dwellings shall not exceed six units or twelve bedrooms per acre. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held 4/30/07. 9.10.2.3. A building designed exclusively for MULTI-FAMILY use shall contain no more than six units, and shall not exceed a building height of 35 feet and two and one half stories. 9.10.2.4. Buildings designed exclusively for MULTI-FAMILY housing shall avoid monotonous, look-alike designs and promote high standards of exterior quality and appearance. 9.10.3. Parking. Applicants shall provide 1.5 parking spaces per one-bedroom unit and 2 parking spaces per two- or three-bedroom unit. At least one space per unit shall be located so as to provide convenient access to its assigned dwelling unit. Parking garages will be permitted as a parking space if located and designed so as to complement the building design and site layout. 9.10.4. Setbacks. All buildings must be located at least 50 feet from any side or rear LOT ARTICLE 15. OPEN SPACE-RESIDENTIAL DEVELOPMENT 15.1. Purposes and Intent. The purposes of the Open Space-Residential Development (OSRD) bylaw are to preserve open space in perpetuity, protect natural resources, wildlife habitat and farmland, encourage residential development that is of superior design to conventional subdivisions, provide housing alternatives that are suitably designed for and attractive to older households, avoid sprawl and achieve more efficient use of land, thereby helping to reduce the negative fiscal impacts of conventional development. 15.2. Applicability. The Planning Board may grant a SPECIAL PERMIT for an OSRD in the Agricultural Residential District on a parcel or contiguous parcels of land with at least ten (10) acres of land area. Existing public and private WAYS need not constitute boundaries of the tract, but the area within such WAYS shall not be counted in determining parcel or tract size. 15.3. Permitted Uses. An OSRD may include the following uses: 15.3.1. SINGLE-FAMILY DWELLINGS. 15.3.2. Attached or common-wall units, not to exceed four units in a single building, restricted for occupancy by over-55 households. 15.3.3. AGRICULTURE and horticulture. 15.3.4. Open space. 15.3.5. Passive recreation, including but not limited to trails for walking, hiking and horseback riding, and areas for wildlife observation. 15.3.6. Accessory recreational uses, such as a tennis court or playground. 15.4. Relationship to Subdivision Control. A subdivision plan is not required for an OSRD, but an applicant who proposes a subdivision plan shall submit the same to the Planning Board in accordance with the Planning Board's Subdivision Rules and Regulations. 15.5. Cul-de-sac streets. An OSRD may contain cul-de-sac streets as defined in and regulated by the Planning Board's Subdivision Regulations. However, an OSRD may have cul-de-sac streets up to a linear distance of 1,000 feet. 15.6. Future Subdivision. No LOT shown on a plan for which an OSRD SPECIAL PERMIT is granted may be furt s of a philanthropic or charitable character, nursing homes, acute care and rehabilitation facilities. 5.5. Prohibited Uses. 5.5.1. Use of a MOBILE HOME on a residential LOT. 5.5.2. Parks for MOBILE HOMES. 5.5.3. Outdoor storage of more than one unregistered motor vehicle for more than ninety days, except on a farm. 5.5.4. Auto dismantling, junkyards, privately developed and operated septage waste disposal/treatment facilities and refuse disposal facilities are expressly prohibited. 5.5.5. Any use not explicitly provided for in this Bylaw. 5.6. Dimensional, Setback and Intensity Regulations. No building or STRUCTURE shall be located, constructed, changed, enlarged or permitted and no use of premises in the Suburban Residential District shall be permitted except in conformity to the intensity and dimensional regulations as set forth herein. If a LOT is determined by the rules of Article 14 to be within a Water Resources Protection Overlay District, then the more restrictive regulations of Article 14 shall prevail. 5.6.1. Minimum LOT AREA: 43,560 square feet (ft) 5.6.2. Minimum FRONTAGE: 150 feet 5.6.3. Lot Width: 100 feet 5.6.4. Maximum Building Height (Feet): 35 feet 5.6.5. Maximum Building Height (Stories): 2'/2 stories 5.6.6. Maximum LOT COVERAGE: 20% 5.6.7. Minimum Front Yard Setback: 20 feet 5.6.8. Minimum Side Yard Setback: 20 feet 5.6.9. Minimum Rear Yard Setback: 20 feet 5.7. Special Permits in the Suburban Residential District. 5.7.1. The SPECIAL PERMIT Granting Authority (SPGA) for uses and STRUCTURES in the Suburban Residential District shall be the Planning Board. 5.7.2. Requirements. An application for a SPECIAL PERMIT in the Suburban Residential District shall include a written description of the proposal for which a SPECIAL PERMIT is requested and a Site Plan prepared by a Registered Professional Engineer and/or Registered Land Surveyor at an appropriate scale to clearly show dimensions, l Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by right? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] No" "[INST] Context: reet other than a street created by the OSRD; provided, however, that the Planning Board may waive this requirement where it is determined that such reduced lot(s) will further the goals of this By-Law; (b) At least 50% of the required setbacks for the district shall be maintained in the OSRD unless a reduction is otherwise authorized by the Planning Board. Where structures containing three to four dwelling units are being proposed, the side lot lines between units may be 0 feet, however the distance between structures shall be a minimum of 20 feet; (c)Minimum Frontage: The minimum frontage may be reduced from the frontage otherwise required in the zoning district; provided, however, that no lot shall have less than 50 feet of frontage; (d) Setbacks: Every dwelling fronting on the proposed roadways shall be set back a minimum of 20 feet from the roadway right-of-way, and 10 feet from any rear or side lot line. In the event that dwellings are located on exclusive use areas or contain no interior lot lines, a minimum distance of 20 feet between single and two-family dwellings shall be required. (11) Increases in permissible density. The Planning Board may award a density bonus to increase the number of dwelling units beyond the Basic Maximum Number. The density bonus for the OSRD shall not, in the aggregate, exceed fifty percent (50%) of the Basic Maximum Number. Computations shall be rounded to the lowest number. A density bonus may be awarded in the following circumstances: (a) For each additional ten percent (10%) of the site (over and above the required 50%) set aside as open space, a bonus of one additional unit or five percent (5%) of the Basic Maximum Number, whichever is greater, may be awarded. (b) For every one (1) dwelling unit restricted to occupancy for a period in perpetuity by persons or families who qualify as low or moderate income, two (2) dwelling units may be added as a density bonus for each low income unit, one (1) dwelling unit as a bonus for each moderate income unit. (c) For every historic structure preserved and subject to a historic preservation restriction, one (1) dwelling unit m Subsection A above and upon which one single one family residence and such structures normally accessory to such single one family residence exist as of the date of the enactment of Subsection B shall nevertheless be deemed to comply with the provisions of the Zoning By-Laws so long as such single one family residence remains on such lot. E. Residential Limited Business. (1) Allowed Uses: (a) Limited business; (b) Single and two family residences; (c) Agricultural use; (d) Customary home occupation as provided for in section 97-10C; (e) Church or other religious purpose; (f) Educational purpose which is non-profit or public; (g) Uses customarily accessory to allowed uses. (2) Prohibited Uses: (a) Any use not herein expressly allowed shall be prohibited. (3) Uses By Special Permit: (a) In appropriate cases and subject to appropriate conditions, safeguards and limitations on time or use, the Selectmen may grant an applicant a special permit to make use of the land or erect and maintain buildings or other structures thereon in accordance with the provisions of Chapter 40A of General Laws, if such use, buildings or other structures are in harmony with the general purpose and intent of this By-Law and with the provisions stipulated in § 97-10.C(1) (c) (d) & (e) for the purpose of municipal uses; A library; a nursing or rest home; a hospital; a private club; or a doctor's, lawyer's, or similar professional office; provided the Selectmen find, after a Public Hearing of which due notice is given to any party in interest as defined in Section 11, of Chapter 40A of the General Laws, that the proposed use, building or structure is for the best interest of the Town, is not injurious or obnoxious to the neighboring properties, will satisfy a community need or convenience not otherwise being served, will not affect abutting and nearby properties by increasing traffic and on-street parking, and that nothing connected with the use, buildings or structure, such as machinery, vehicles, material, supplies, equipment and waste materials shall be stored between the stre The Planning Board shall act as the Special Permit Granting Authority for OSRD applications. The Planning Board may adopt, and from time to time amend, Rules and Regulations consistent with the provisions of this By-Law and G.L.c.40A and other provisions of the General Laws, and shall file a copy of said Rules and Regulations with the Town Clerk. (4)Applicability. (a) Any subdivision of land or development that will create more than four lots or units shall submit an application for OSRD to the Planning Board. The applicant shall have the option of development under the subdivision process as found in Chapter 117, Planning Board's Rules and Regulations for the Subdivision of Land, or under the OSRD. (b) Contiguous Parcels. To be eligible for consideration as an OSRD, the tract shall consist of a parcel or set of contiguous parcels. (c)Land Division. To be eligible for consideration as an OSRD, the tract may be a subdivision, provided, however, that an OSRD may also be permitted where intended as a condominium on land not so divided or subdivided. (5) Special permit required. The Planning Board may authorize an OSRD pursuant to the grant of a special permit. Such special permits shall be acted upon in accordance with the following provisions. (6) Segmentation. It is the intent of this By-Law to prohibit the subdivision or phasing of development which is planned in order to avoid the application of this section. It shall be presumed that the land held in common ownership at the time of enactment of this By-Law should be included for the purposes of calculating the number of lots. It shall also be presumed that phased development of land held in common ownership shall be considered in its totality rather than as separate projects. These presumptions are rebuttable only upon credible evidence to the contrary. Where division of land appears to be phased, a covenant may be placed upon the remaining land requiring compliance with this By-Law. (7) Application Procedure and Requirements. Applicants shall submit applications for an OSRD special permit in accordance with the Rules and Regulations Governing Open Spa ARTICLE V SPECIAL PERMITS GENERAL § 97-5. Special Permits General. A. General. (1) Certain uses are allowed only by Special Permit. The specific requirements for each special permit are described here below. B. Bed and Breakfast. (1) Requirements. After an initial Public Hearing and with a special permit granted from the Board of Selectmen, to be renewed annually, an owner-occupied and operated dwelling of residential character may be used as a Bed and Breakfast for the lodging of overnight guests provided such dwelling and the operation thereof meets all of the following conditions: (a) Said Bed and Breakfast shall not have more than four bedrooms (excluding the owner's private quarters). (b) Guest rooms shall contain no individual cooking facilities. (c) Breakfast may be provided to guests from a central kitchen and shall be limited to those who are permanent residents and paying overnight guests. (d) The use of said Bed and Breakfast shall be clearly incidental to the primary residential use of the dwelling. (2) The purpose of this By-Law is to allow the use of larger homes as a Bed and Breakfast, but the intent is not to allow structural or appearance changes to facilitate this use. (3) The applicant must demonstrate that no visible exterior alterations will occur: that adequate parking can be provided: and that the structure and use conform to all pertinent Board of Health and Board of Fire Engineers Regulations, and to the Regulations of any other body that may have jurisdiction C. Open Space Residential Development. (1)Purpose and intent. (a)The Primary Purposes for the Open Space Residential Development (OSRD) By-Law are the following: 1) To allow for greater flexibility and creativity in the design of residential developments; 2) To encourage the permanent preservation of open space, agricultural land, forestry land, wildlife habitat, other natural resources including aquifers, waterbodies and wetlands, and historical and archaeological resources in a manner that is consistent with Newbury's open space plan; 3) To encourage a less sprawl r exceptions regarding the land or any structures thereon; I. Location of all known existing structures, both above and below ground, including but not limited to, buildings, wells, septic systems, cisterns, and cesspools, systems on the lot(s) or parcels including all required setback dimensions; J. References to all deeds and plans of record used to establish the property lines of the lot(s) or parcels and of the streets, ways and easements shown on the plan, including deed references to abutting lots; K. A north arrow shall be clearly marked and identified as to whether it is magnetic or true north or referenced to a record plan and so stated; L. Evidence that each lot on the plan, or altered by it, meets one of the following criteria: (1) Has all the frontage owned by the applicant and not by way of an easement in part or in whole required under zoning on: (a) A public way; or (b) A way which the Town Clerk certifies is maintained and used as a public way; or (c) A way shown on a plan previously approved and endorsed by the Planning Board in accordance with the subdivision control law; or [Amended 6-2-2004] (d) A way existing before December 14, 1966 which the Board finds adequate for the way's proposed use; or (e) A way shown on a plan of a subdivision registered in the Land Court prior to December 14, 1966; or (2) Has clearly marked on the plan to be joined to and made a part of an adjacent lot. (3) Contains a building which existed prior to December 14, 1966; or (4) Constitutes an existing parcel with no new lot divisions. M. Representation of any geographic features on the ground that might restrict or prohibit access to a lot, or might affect its viability as a building lot; for example, but not limited to, existing right-of-ways and easements, water courses, wetlands, streams, brooks, waterbodies, Areas of Cri Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by right? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] No" "[INST] Context: nd/or restriction and such easements and/or restrictions to the Town allowing the Town to control all building rights in the area. Such restrictions shall be for the benefit of and enforceable by the Town. 5. The applicant shall submit a plan for maintenance of the open space area. The plan must be approved by the Planning Board. 6. The applicant shall give evidence that a functional relationship exists between the open land and the proposed clusters. Such land shall be of such size, shape, dimension, character and location as to assure its utility for park, conservation or recreation purposes. 7. Open space shall be restricted to recreational uses such as parks, playgrounds and conservation areas and shall not be built upon except as approved by the Planning Board. Only structures incidental to recreation, conservation or parks shall be allowed subject to approval by the Planning Board. TOWNHOUSE OR ROWHOUSE STRUCTURES 1. Not more than four (4) attached townhouse units shall be built in a row with the same or approximately the same, front building line. No row of attached units shall contain more than (six) 6 units. MULTI-FAMILY DWELLINGS 1. Except as modified by this article, all multi-family dwellings in a Cluster Development shall conform to the standards and restrictions set forth in the Zoning By-law. OFF STREET PARKING 1. Facilities for off-street parking shall be provided in conformance with Article V11 of the Zoning By-law. SIGNS 1. Signs erected, installed or displayed in a Cluster Development shall be in conformance with Article VIII of the Zoning By-law. ADMINISTRATION AND ENFORCEMENT 1. Cluster Development is allowed in certain zoning districts by special permit only. Guidelines for submission and approval of special permit applications shall be followed by the Planning Board in reviewing Cluster Development proposals. 2. In addition to the information required on all special permit applications, Cluster Development proposals shall contain documentation relevant to the specific requirements of this Article. Additional information which the Planning Board may require for the consideration of the above cluster regulations shall be provi uilding site area if the maximum number of allowable units are proposed. The area allocated to buildings, streets, parking and storage area may be reduced from 50% of total building site area in a ratio equivalent to the proportion of units proposed to the maximum number of units possible. 5. Within Cluster Development, which have individual lots, the Planning Board shall establish reasonable setbacks for buildings and accessory units. 6. For the purposes of conventional development plans showing multi-family or duplex lots, the required frontage shall be 200 feet. 7. Within Townhouse or Rowhouse Developments without individual lots, the minimum distance between buildings shall be 50 feet. Minimum setbacks of all buildings from the street shall be 30 feet. 8. All lots fronting on an existing Town way shall maintain the frontage required in conventional zones. 9. Not more than 100 linear feet of any right-of-way strip associated with a drive may be used in computing the minimum square footage of any lot. **Webmasters Note: Subsection 10. has been deleted as per an update approved at a town meeting held on 5/9/05. OPEN SPACE AREAS 1. In any Cluster Development, at least 35% of the buildable area used in calculating the permitted density shall be set aside as open space. This area shall not include wetlands, ponds, marshes or other protected natural area. Although this shall not prevent these areas from being added to the 35% minimum open space. 2. All open space areas shall have dry access to the street suitable for use by maintenance and emergency vehicles. 3. Parking areas, streets or other areas associated with the residential development shall not be included in the open space area. 4. Ownership of the open space area shall be as described in MGL Chapter 40A with the Planning Board having final approval of ownership method. In the event that the open space area is conveyed to a homeowners association, the association must grant an easement and/or restriction and such easements and/or restrictions to the Town allowing the Town to control all building rights in the area. Such restrictions shall be for the benefit of and enforceable by the Town. development shall retain rights in and maintenance responsibility for the ways and language will be required to be placed in the applicable deeds, to run with the land, as follows: 1) assigning the owners of the lots within the cluster development the retention of rights in and maintenance responsibility for the ways, drainage system, and the ""common areas"" of the development, 2) assigning to the owners of certain lots the responsibility for maintaining the landscaped island in a turnaround, 3) assigning to the owners of lots the responsibility for maintaining the street trees, or other landscape features, in the way adjacent to their respective lots, and 4) assigning to the owners of certain lots the responsibility for maintaining other improvements within the subdivision. c. Other maintenance arrangement meeting the approval of the Planning Board. ""Private"" ways are ways which shall never presented to Town Meeting for acceptance. Ways approved as ""private"" may not be proposed for acceptance as a public way unless a subdivision plan is approved for the ways and the ways are rebuilt to the construction standards and requirements complying with the Town of Norton Subdivision Rules and Regulations in force at the time of acceptance. The Board shall require easements within the cluster development to enable the Town to access drainage facilities in the event of a storm or emergency. 9.7 Submission standards The following minimum materials shall be submitted for cluster developments. a. To determine the number of lots in a conventional subdivision to establish permitted number of dwelling units: a plan fulfilling the requirements of a ""Preliminary Plan"" as listed in section 3 of these regulations, including the additional material [a. a written list of all waivers, citing the specific provisions of the Subdivision Rules and Regulations that the applicant believes are needed for feet per unit; within Zone III the minimum lot area for residential and non-residential use shall be 60,000 square feet per unit except that in the Village Commercial zoning district the minimum lot area for residential and commercial uses shall be as per the dimensional requirements of the Village Commercial district. b. No existing lot used for multi-family dwellings shall be changed in size so as to result in a violation of the requirements of this Section. c. Lots may be reduced through the Residential Cluster Development Special Permit process (Section 6.8 43), provided that the provisions of Section 6.8 #2, as amended in Article 23, Norton Town Meeting of 5/2/88, are met. 6.8 RESIDENTIAL CLUSTER DEVELOPMENT REGULATIONS a. Single-family, duplex, and multi-family Cluster Development may be allowed by a special permit in Zoning District specified in Table 4.2. b. In order to encourage better site planning in the placement of buildings and improvements, the Planning Board may allow more than one building to be located on a single lot. DIMENSIONAL REQUIREMENTS 1. The site proposed for Cluster Development shall be not less than ten acres for Single-family, fifteen acres for duplex and twenty acres for Multi-family in area and shall be under a single owner or a group of owners acting jointly. 2. No site shall be developed in a manner which would result in a greater number of dwelling units being constructed in a Cluster Development than would be permitted in a conventional single family development on the same site. 3. In Cluster Development made up of individual lots, each lot may be reduced in size up to 50% from the minimum size allowed in the zoning district in which the site is located. Where on-site sewage disposal is required, a minimum lot area of 40,000 square feet shall be required. 4. The Townhouse or Rowhouse Development without individual lots, the area allocated to buildings, streets, parking and storage areas shall not exceed 50% of the building site area if the maximum number of allowable units are proposed. The area allocated to buildings, streets, parking and storage area may be reduced from 50% of total building site area in a ratio equival ARTICLE IX - COORDINATION BETWEEN SUBDIVISION RULES AND REGULATIONS AND CLUSTER DEVELOPMENT PROVISIONS The Goals enumerated at various points within the Subdivision Rules and Regulations apply to cluster developments as well. 9.1. Street standards The street specification of section 5 of these Regulations shall be the minimums required for a cluster development. The Board may, based on the location, density of development, general character of the vicinity, and other factors, allow significant variations from these specifications. Applicants may request that the Board consider changes from these specifications. In cluster developments, the Board shall require that the ways remain ""private"", particularly in the instance that construction specifications are substantially less demanding than these regulations. 9.2 Drainage Only in the most exceptional circumstances will reductions in drainage standards and specifications be permitted. 9.3 Street names and signs The Board reserves the rights to name ways within cluster developments, honoring early settlers in the vicinity of the development, veterans of the Revolutionary or Civil War eras, or other notable early Norton citizens. Street names and the name of the cluster development shall not be similar to existing names to eliminate possible confusion in emergencies. Street signs and signs for the safety of the public shall be installed to the specification of the Highway Department at the expense of the developer. These signs shall be installed to the specification of the Highway Department within sixty days after the issuance of the first occupancy permit on the way. The cluster development as a whole may be identified with a sign conforming to the Sign Bylaw of the Town of Norton at a location approved by the Board. 9.4 Landscaping Landscaping shall meet or exceed the minimums contained in these regulations. The Board encourages the pres Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by right? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] No" "[INST] Context: or both, than normally required. For this purpose, a cluster development is a division of not less than five (5) acres of land into lots used, or available for use as building sites, where said lots are clustered together and where there is provision of open space in common or public ownership. The planning board shall be the special permit granting authority for the cluster permit (b) Purpose: The purposes of this provision of the ordinance allowing cluster developments are as follows: (1) To promote efficient subdivision of land, in harmony with its natural features and with minimal excavation and earth removal activities. (2) To preserve in their unaltered state unique or unusual natural features of the land to be developed especially where such features are not afforded protection under some other local, state or federal regulation or private deed restriction. Such natural features include but are not limited to: Science vistas and scenic road views; woodlands and site vegetation, especially where such natural vegetative cover serves to buffer new developments from established neighborhoods; slopes over fifteen (15) percent and rock outcroppings; natural drainageways, stream banks, wetlands, and floodplains; aquifer recharge areas for public or private water supplies; wildlife habitat and vegetation, especially of rare or endangered species. (3) To provide suitable open space and facilities for active or passive recreation. (4) To provide open space as a buffer, where desirable and appropriate, between new developments and established neighboring uses. (5) To promote affordable housing in the city. (c) Minimum requirements: Such a cluster development containing lots with less than the minimum area or frontage or both may be permitted provided that: (1) Maximum number of lots in a cluster development shall be determined by taking total land area of the subdivision, exclusive of existing and proposed roads and other land areas not available to the developer for building because of local, state, or federal t a scale of not less than forty (40) feet to an inch and shall include as necessary or applicable for each special permit use the following: (a) The extent of the site with all lot lines identified by metes and bounds; (b) Names of owners and abutters as shown on most recent real estate tax list (c) Sizes and locations of existing and proposed structures and any adjacent structures within fifty (50) feet of the site and including proposed structures and any adjacent structures within fifty (50) feet of the site and including proposed type of construction and proposed building materials; (d) Existing and proposed contours at two-foot intervals; (e) Number and location of proposed parking spaces; (f) Sizes and locations of water, sewerage and drainage systems; (g) Driveways and vehicular circulation providing access to and egress from the site; (h) Walks and recreation, open space and conservation areas; (i) Land uses, both existing and proposed; (j) Landscaping and site development details including walls, fences, outdoor lighting and ground surface materials; (k) Bounding streets and any unused or unique natural features of public areas in the immediate vicinity; and (l) If an applicant or predecessor in title has previously filed a site plan with the permit granting authority regarding the subject parcel of land and/or building and use, no additional site plan shall be filed in the event the application refers only to a change in use. (Ord. of 5-104, §§ 19-21) 4.4.3 Reserved. 4.4.4 Cluster development requirements. (a) Definition: Single detached one-family dwellings may be constructed on certain lots in a cluster development in the following zones: R 1, R 1A, R 113, R 2, R-3, and R-4 as hereinafter defined and limited, although such lots have less area or frontage, or both, than normally required. For this purpose, a cluster development is a division of not less than five (5) acres of land into lots used, or available for use as building sites, where said lots are cluste nt can be built. (f) [Permit, authorization.] A special permit for a cluster development issued hereunder by the special permit granting authority is an authorization for the use of lots which have less than the normal minimum area or frontage or both. (Ord. of 5-10-84, § 24; Ord. of 8-25-88, § 1) 4.4.5 Public housing/low-moderate income requirements. (a) There shall be a minimum lot area of eight thousand (8,000) square feet for each public housing/low-moderate income site. (b) The minimum area of land required per dwelling unit in each of the districts of the city in which a special permit may be granted shall be as follows: Residence District,Land Area Required Per One or Two Bedroom Dwelling Unit,Land Area Required Per Three or More Bedroom Dwelling Unit Residence R-1,""4,500 square feet"",""5,250 square feet"" Residence R-1A,""4,500 square feet"",""5,250 square feet"" Residence R-2,""3,000 square feet"",""3,700 square feet"" Residence R-3,""3,000 square feet"",""3,700 square feet"" All other zoning districts are to be the same as Residence R-3. The bedroom distribution of a public housing/low-moderate income development shall be determined by the Peabody Housing Authority and shall be that which is most compatible with the surrounding neighborhood and best meets the needs of the city at that location. (c) There shall be a minimum street frontage of seventy-five (75) feet per development. (d) In residence, R1, R 1A, R 2, R 5 and PRD districts, the maximum lot coverage shall not exceed thirty-five (35) percent of the total land area. In residence R 3 and R4 and in Business Districts the maximum lot coverage shall not exceed fifty (50) percent of the total land area. (Ord. No. 10-11-84, § 11) (e) Not less than thirty (30) percent of the land area in a single development shall be free from structures, streets, parking areas, drives, walkways and other constructed approach or service areas and shall be attractively landscaped and maintained. The landscape requirements of section 6.5.5 (b) shall govern projects approved und age, public access, quality and other pertinent site characteristics. (5) The need for preservation of open space for scenic value shall be determined by the special permit granting authority based on its knowledge of the site of the proposed cluster development and comments received by the authority during the plan review and public hearing process. The suitability of common land intended for scenic value shall be determined by the following criteria a. Its visibility from a significant number of buildings or length of private or public streets; or b. The vistas such common land affords of significant or unusual: 1. Landforms, 2. City scopes, 3. Historical sites, or 4. Buildings. The special permit granting authority may impose restrictive covenants protecting such scenic areas or allowing access to such areas. (6) The need for provisions of common land to act as an open space buffer, insulating existing developments from the cluster development shall be determined by the special permit granting authority based on the purposes of this ordinance and upon its knowledge of the site and comments received during the plan review and public hearing process. The suitability of common land intended for such buffers shall be determined by the special permit granting authority based on its consideration of a variety of factors, including: a. The viewing distance and slope between the new buildings of the proposed cluster and the existing buildings of abutting properties; and b. The width and quality o f intervening buffer land; and c. The height of post development trees, shrubs, fences or other man-made screens all as proposed by the developer or as may be required by the special permit granting authority. (e) Application requirements: Applications for special permits for clusters shall include, in addition to all the data listed as (a) through (1) and information required under section 4.4.2, the following: (1) Wetland areas; (2) Lands included in the wetlands /floodplain conservancy district as defined in 4.4.3 of this ordi . (7) All common land hereunder shall be held in common ownership by the owners of lots within the development. In the case of ownership by a separate legal entity, the developer shall include in the deed to the owners beneficial rights in said common land. Maintenance shall be the responsibility of the owners. A permanent conservation easement shall be conveyed to the City of Peabody prohibiting development of said common land and the erection thereof any structures other than for the noncommercial, recreational use of the residents of the cluster development All common or public open space land shall have adequate access to a public way. (d) Review criteria: In reviewing the application for a special permit for a cluster development, the special permit granting authority shall consider the following in its decision. (1) The extent to which the plan for the cluster development is consistent with the purposes of this section of the ordinance. (2) The extent to which unique or environmentally important features of the development site, especially those not afforded protection under some other local, state or federal regulation as set forth in subsection 4.4.4 (b) (2) of this ordinance, have been adequately described in the site plan submitted with the special permit application and have been incorporated, to the maximum extent feasible, as permanent open space of the cluster. (3) Individual lots, buildings, and streets are designed and situated to minimize alteration of the natural site features and the need for excavation, cut and fill, or other types of earth moving operations. (4) That the location and quantity of any portion of the common land intended for active or passive recreational uses, as those uses may be set forth by the special permit granting authority, is adequate in terms of size, topography, drainage, public access, quality and other pertinent site characteristics. (5) The need for preservation of open space for scenic value shall be determined by the special permit granting authority based on its Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by right? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] No" "[INST] Context: the site's perimeter, and may be in more than one (1) parcel, provided that the size, shape and location of such parcels are suitable for the designated uses. Contiguous shall be defined as being connected. Open space will still be considered connected if it is separated by a roadway or accessory amenity. Ownership and Management of the Open Space. The land set aside as common open land shall be owned and/or managed by one (1) of the following arrangements, as shall be determined by the Planning Board: Conveyed to an association, corporation or trust owned or to be owned by the owners of lots within the development. If such association is utilized, ownership thereof shall pass with conveyances of the lots in perpetuity. Conveyed to the town, at no cost, and accepted by it for park or open space use. Such conveyance shall be at the option of the town and shall require the acceptance of the land by the Conservation Commission and the approval of the Board of Selectmen. Conveyed to a nonprofit organization, the principal purpose of which is the conservation or preservation of open space. In any case where such land is not conveyed to the town, a conservation restriction, enforceable by the town under MGL Ch. 184, Sections 31-33, shall be required ensuring that such land shall be kept in an open or natural state and not be built upon for residential use or developed for uses such as parking or roadways. Such restrictions shall further provide for maintenance for the common land in a manner which will ensure its suitability for its function, the appearance, cleanliness, proper maintenance of drainage utilities and the like, and empower the town to perform maintenance in the event of failure to comply with the program, and including a provision that the owners of lots or units within the cluster development shall pay the cost thereof and that the cost shall constitute a lien upon their properties until said cost has been paid. This restriction shall be recorded within sixty (60) days of the granting of the special perm to approve any related plan for subdivision, nor reduce any time periods for Board consideration under the law. However, in order to facilitate processing, the Planning Board may, insofar as practical under existing law, accept a combined plan and application which shall satisfy both this section and the Board's regulations under the Subdivision Control Act. 7350. Conditions. Where a special permit for multifamily residential development is granted which is not subject to subdivision control, the Planning Board shall impose all or such part of its subdivision control requirements as it deems advisable as conditions upon its permit, including but not limited to the construction of roads and driveways, drainage facilities and other facilities and utilities, and shall require a bond or covenant in the manner prescribed in the subdivision regulations to secure performance of the entire plan for multifamily residential development as approved for special permit. 7400. TRAILERS 7410. General No person shall use or permit to be used for dwelling purposes within the town any trailer or similar mobile equipment, whether registered or unregistered, mobile or immobile, except that mobile trailers may be used for temporary dwelling purposes, provided that such use is licensed by the Selectmen, said license to be applied for by the occupant within three days after the unit is located in the town and with no license granted hereunder to be for a period exceeding six calendar months. 7420. Preexisting Trailers. The above restrictions shall not apply to trailers which are presently or are hereafter placed in any trailer park already in existence in the town or to any existing trailer presently being used for dwelling purposes, which trailers shall be subject to and limited by licenses, if any, presently in effect. 7421. Such trailers may be replaced by a trailer not more than 20% larger in volume than the lawfully preexisting trailer. 7500. REAR LOTS 7510. General In a Rural, Town Suburban or Recreational Residential District, a building and occupancy permit for one (1) single family dwelling unit may be issued notwithstanding the minimum frontage requirements set forth in Section 4000, subject to erell Comprehensive Plan and Open Space and Recreation Plan, all major subdivisions (those creating 5 (five) or more lots or residential units) and multi-family special permit developments shall be presented to the Planning Board as Open Space Residential Developments in compliance with the provisions of this section. In all cases it shall be assumed that an OSRD is necessary to meet the purposes of this section, unless the contrary is demonstrated by the applicant to the satisfaction of the Pepperell Planning Board. In cases where the Planning Board determines that a parcel(s) is unsuited to development as an OSRD, it may waive the requirements of this section and permit the subdivision or multi-family special permit plan to be developed in a conventional manner subject to the Pepperell subdivision rules and regulations. An applicant proposing a minor subdivision (those creating four or fewer lots or units) may develop an OSRD at his/her option. 7140. Permitted Uses. Each lot exclusive of the open land shall be used for residential dwellings of the type permitted or allowed by special permit in the applicable zoning district. These lots shall be grouped in clusters, and within each cluster the lots shall be contiguous. Accessory uses shall be allowed appurtenant thereto as provided in the residential district in which the land is located, with the exception of the keeping of nondomestic animals; and the use as a customary home occupation, as defined in this chapter, shall be further limited, prohibiting any employees who do not reside within the dwelling unit, any retail sales and any business signs. Common open spaces may be used for noncommercial active and passive recreation, conservation, forestry, agriculture and natural buffers and may contain structures necessary to approved uses, utilities and other facilities necessary for the convenience and enjoyment of the residents, subject to approval by the Planning Board as part of the decision on the special permit or as amendment to the special permit after it has ZONING BYLAW ermit to allow such lot may be built upon thereafter, provided that such lot has 100 feet of remaining frontage and a minimum area of 10,000 square feet. 4300. SPECIAL PERMIT TO VARY HEIGHT LIMITATIONS 4310. General In an Urban Residential or Commercial District the Planning Board may, by special permit, authorize greater height for the purposes of: 4311. increasing the available light and air in and around the building and adjacent buildings; 4312. better vehicle and/or pedestrian access to the building and surrounding buildings and accessory parking and other uses; 4313. increasing the amount of open space, park and recreation areas for users of the building or the general public; 4314. preserving or enhancing scenic views within and beyond the structure and between adjacent structures; or 4315. maximizing benefits of cluster development, including but not limited to better siting of buildings, efficient use of public services and facilities and preservation of substantial open space and natural areas. 4320. Conditions. Special permits pursuant to this Section 4300 shall be subject to all of the following standards: 4321. The building or structure shall be no greater in height than one and one half (1.5) times the building setback from the center line of the public way or ways which abut the land upon which the said building or structure is proposed to be erected. 4322. The height of buildings and structures shall be no greater than two (2) times the average of the highest point of buildings and structures on abutting lots under separate ownership. When any such abutting lots are vacant, the building height on such lots shall be presumed to be thirty-five (35) feet. 4323. When a special permit is granted, setbacks may also be adjusted by the Planning Board so that minimum side, rear and front yards are increased by a multiple of the ratio of the height requirements otherwise applicable to authorized height of the building or structure. 4324. The Planning Board shall find, after consultation with the Board of Fire Engineers, that fire protection will be sufficient a Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by right? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] No" "[INST] Context: one or more groups separated from adjacent property and other groups within the development by intervening open land, unless deemed otherwise by the special permit granting authority. A.residential cluster development shall conform to the following conditions: 1. Contain a minimum tract size of ten (10) acres in the RA, RB and RC Districts, and five (5) acres in the RD District. 2. The number of dwelling units shall conform to the existing density allowed in the corresponding zoning district after subtracting the area which contains wetlands as delineated by Conservation Commission. 3. A minimum of 40% of the total land area of the development shall be dedicated as common open space; no more than 25% of the land required as common open may be wetlands as defined in MGL Ch. 131, Section 40, or waterbodies. 4. There shall be a minimum width of 50 feet of buffer area between attached cluster buildings, and a minimum width of 50 feet of buffer area between attached clusters and the abutting property lines or street. These buffer areas shall provide suitable landscaping to screen and cluster buildings from each other, abutters, and streets year round. C. Required Open Land 1. At least 40% of the tract (exclusive of land set aside for roads and parking-) shall be open land. At least 75% of the open land shall be suitable for passive or active recreations use, and shall not be wetlands or land subject to seasonal flooding. 2. The open land, and such other facilities as may be held in common, shall be conveyed to one of the following, as determined by the Planning Board, subject to the following guidelines. In general, valuable natural resource land, such as wetlands not suitable for any public use or suitable for extensive public recreational use, should be conveyed to the Town or to a trust: whereas land which will be principally used by the residents of the cluster should be conveyed to any of the following: a. To a corporation or trust comprising a home association whose membership includes the owners of of open space. The developer or charity shall grant a conservation restriction as set out in (a.) above. c. To the Town for park or open space use, subject to the approval of the Selectmen and Town Meeting, with a trust clause ensuring that it be maintained as open space. 3. Open space shall be restricted to recreational uses such as parks, playgrounds and conservation areas and shall not be built upon except as approved by the Planning Board. Only structures incidental for recreation, conservation or parks shall be allowed subject to approval by the Planning Board. These restrictions shall run with the deed in perpetuity. 4. All open space areas shall have dry access to the street suitable for use by maintenance and emergency vehicles. 5. The applicant shall submit a plan for maintenance of the open space area. 6. The applicant shall give evidence that a functional relationship exists between the open land and the proposed clusters. Such land shall be of such size, shape, dimension, character, and location as to assure its utility for park conservation or recreation purposes. E. Lot and Yard Requirements 1. Attached cluster units shall not exceed a total of four (4) units per building in the RA and RB districts and six (6) units per building in RC and RD districts. 2. These attached units, if designed as part of an association under single joint ownership, shall only meet the lot and yard requirements within this section. Density shall follow guidelines set forth in Section B.3 of this bylaw. 3. Detached cluster units shall conform to 2.6 except for the lot and yard requirements provided below: Minimum Lot Requirements,""RA, RB, RD"",RC Area (sq. ft.),""20,000"",N/A Width (ft.),80,N/A Frontage (ft.),80,N/A 4. No building shall exceed two (2) stories. F. Administrative Procedures The Planning Board, as the Special Permit Granting Authority (SPGA), shall adopt rules relative to the issuance of special permits and file a copy with the Town Clerk. The Planning Board shall no es of such club. Does not include golf clubs or sportsmen's clubs elsewhere defined, or clubs or organizations whose chief activity is a service customarily carried on as a business. CLUSTER DEVELOPMENT - An option which permits an applicant to build single family attached and detached units with reduced lot area and frontage requirements, so as to create a development in which the buildings and accessory uses are clustered together into one or more groups with adjacent common open land. (Amended at Annual Town Meeting, 1989.) CONTRACTOR'S YARD - Premises used by a building contractor or subcontractor for storage of equipment and supplies, fabrication of sub-assemblies, and parking of wheeled equipment. COVER - Naturally occurring vegetation: trees, shrubbery, and plant life. DEVELOPMENT - means any manmade change to improve or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. (Amended at Special Town Meeting, October, 1990) DISPOSAL - The deposit, injection, dumping, spilling, leaking, incineration or placing of any hazardous material into or on any land or water so that such hazardous material or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater. (Amended at Annual Town Meeting, 1989.) DWELLING - A building designed or used exclusively as the living quarters for one or more families. DWELLING, ATTACHED RESIDENTIAL CLUSTER - Two (2) or more attached dwelling units, each having individual entrances. (Amended at Annual Town Meeting, 1987.) DWELLING CONVERSION - Change in construction or occupancy of a dwelling to accommodate families in addition to the number by which it was previously occupied. Dwelling, Detached Residential Cluster - A dwelling unit having reduced yard, frontage, and area requirements and a provision for open space as conditions of a special permit. (Amended at Annu rovisions relating to operational standards and permit procedures shall apply. G. Performance Bond: The Board of Appeals shall require that a performance bond, of a surety company authorized to do business in the Commonwealth of Massachusetts, be posted, in an amount determined by the Board of Appeals, as sufficient to guarantee conformity with the provisions of any permit issued hereunder. Cash may be deposited with the Treasurer of the town, to be held by the town as surety, in an amount equal to the surety required, in place of a bond. Such bond, and/or cash, shall not be released until there is filed with the Board of Appeals a certification from a registered engineer and an approval from: the Planning Board and the Zoning Enforcement Officer (Building Inspector) that the site conditions at the completion of all work are in accordance with the requirements of the permit. (Amended STM 10/13/94) 2.13.0 Residential Cluster Development A. Statement of Purposes: A residential cluster development may be authorized by special permit in the Town of Plainville in order to achieve the following objectives: 1. Flexible and sensitive site design; 2. Promotion of measures to ensure compatibility of growth and sensitivity to the natural environment; 3. Enhancement of residential and community amenities by provision of open space; 4. Promotion of economical and efficient use of roads, water and sewer lines and other related infrastructure; 5. Promotion of diverse and energy-efficient housing at a variety of costs; and 6. Protection of water bodies and supplies, wetlands, floodplains, agricultural lands, wildlife, and other natural resources. B. Definition and Applicability: Residential cluster development means a residential development in which the buildings and accessory uses are clustered together into one or more groups separated from adjacent property and other groups within the development by intervening open land, unless deemed otherwise by the special permit granting authority. A.residential clus d which will be principally used by the residents of the cluster should be conveyed to any of the following: a. To a corporation or trust comprising a home association whose membership includes the owners of all lots or units contained in the tract. The developer shall include in the deed to owners of individual lots beneficial rights in said open land, and shall grant a conservation restriction to the Town of Plainville over such land pursuant to General Laws, Chapter 184, Section 31-33, to ensure that such land be kept in an open or natural state and not be built upon the residential use or developed for accessory uses such as parking or roadways. This restriction shall be enforceable by the Town through its Conservation Commission in any proceeding authorized by Section 33 or Chapter 184, and for perpetuity. In addition, the developer shall be responsible for the maintenance of the common land and any other facilities to be held in common until such items as the homes association is capable of assuming said responsibility. In order to ensure that the association will properly maintain the land deeded to it under this section, the developer shall cause to be recorded at the Norfolk County Registry of Deeds a Declaration of Covenants and Restriction which shall, at a minimum, provide for the following: 1. Mandatory membership in an established homes association is a requirement of ownership of any lot in the tract. 2. Provisions for maintenance assessments to all lots in order to ensure that the restrictions placed on the use of the open land will not terminate by operation of law. 3. Provisions which, so far as possible under the existing law, will ensure that the restrictions placed on the use of the open land will not terminate by operation of law. b. Any non-profit organization, the principal purpose of which is the conservation of open space. The developer or charity shall grant a conservation restriction as set out in (a.) above. c. To the Town for park or open space use, subject to the approval of the Selectmen and Town Mee Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by right? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] No" "[INST] Context: Space Freedom from lot lines and rigid separation of different land uses is permissible in Planned Unit Developments only because the increased flexibility in planning and design and the opportunity to plan the entire development as a unit can ensure compatibility of land uses and high environmental amenity. Design of the development according to the principles of this section as reviewed by the Board of Appeals shall be considered as important as prescribed density or dimensional regulations. it is intended that the different types of uses shall be related to each other in a logical manner such that all uses function efficiently and compatibly. The common open areas shall be distributed throughout the development as part of a unified open space system. The open space system shall serve to unify the entire development visually and functionally, to appropriately buffer the development from surrounding land uses, and to provide adequate recreation space and visual separation for all dwellings or clusters of dwellings, whether on or off site, and may appropriately buffer different types of uses from one another. Open space, land, or facilities shall be conveyed either: (1) to the Town and accepted by it for park or open space use; (2) to a non-profit organization, the principal purpose of which is the preservation of open space; (3) to a corporation or trust owner or to be owned by the owners of lots, buildings, or portions of buildings within the PUD; or (4) may be included within lots owned by individual owners subject to the terms of the required covenant, as provided in Section 310.06. The type of ownership shall be that which is most conducive to the perpetuation of the integrity and function of the open space. B) Relationship of Land Uses. Non-residential land uses such as community shopping centers, neighborhood shopping centers, community centers, offices or light industries shall be located and designed to avoid conflicts with residential uses and to serve the intended population efficiently, whether outside or within the dev nd in perpetuity. Said instrument shall prohibit change of the use of such space to any use not in keeping with the Common Open Space or Facilities requirements without the approval of the Planning Board. The covenant may be recorded in phases, so that all times 70% of the portion of the Open Space Mixed Use Development area then being developed (which may consist of all or a portion of the area subject to a special permit for phases of development) shall be made subject to such covenant. The covenant may provide that land may be released from the restrictions of the covenant by an instrument executed by the owner and recorded, provided that not less than an equivalent area of land is made subject to the covenant and substituted therefor. I) NON-RESIDENTIAL USES 1. General Conditions. Non-residential uses may be specifically authorized under the Special Permit in the Open Space Mixed Use Development. Inadequate relation of such uses to the overall plan of the development, incompatibility among adjacent uses, or insufficient buffer areas shall be sufficient ground to deny any such use. Plans and other documents for non-residential uses should be submitted as an integral part of those submitted for the Open Space Mixed Use Development Master Plan Special Permit. 2. Public and Quasi-Public. Day care centers, public parks and community recreation centers, buildings and uses and utilities as allowed by special permit under Part IV or Section 309 may be permitted uses in Open Space Mixed Use Developments, subject to the prescribed standards and reasonable conditions required by the Planning Board under the procedures for the Open Space Mixed Use Development. 3. Agricultural Uses Agricultural uses such as the creation and maintenance of cranberry bogs, ponds, ditches, and irrigation systems for cranberry culture which require the removal of sands and gravel within the Aquifer Protection Overlay District (Section 401.17) shall be allowed within an Open Space Mixed Use Development District only by Special Permit issued by the Special Permit Granting Au ormally be fronted on both sides by open space and shall have no direct frontage by single family lots. The rights-of-way trees and open space, except for development of recreation areas and facilities, shall be kept as natural as possible with undergrowth untouched. In the case of High Technology P.U.D.'s, streets shall be designed to the standards of the current Planning Board rules and regulations, provided that the Planning Board may waive any part thereof which it deems inappropriate in specific instances. E) Pedestrian Circulation. The presence of a common open space system throughout the development creates the opportunity for a pedestrian circulation system which can be separated from the street system. Pedestrian paths through the common open space can be safer, more pleasant, and often more direct than conventional sidewalks which must follow vehicular rights-of-way. Wherever possible and appropriate, pedestrian circulation shall be provided within the open space system, minimizing street crossings and reducing the need for streetside walkways. Where paths in the open space can appropriately take the place of sidewalks, the Planning Board may waive the conventional sidewalk requirement specified in the subdivision regulations. Design principles specified in Section 401.08 Multi-family Environmental Design Conditions, shall be applied in designing the pedestrian system for Planned Unit Development. F) Residential Structures and Clusters. Densities, floor area ratios, and other dimensional requirements shall be as specified in Table 4. G) Protection of Public Health. All High Technology Planned Unit Developments shall be designed so as to protect the public health. A proposed development which includes uses or facilities whose emission will degrade the quality of the air, surface water or groundwater, which cannot be provided with a sufficient quantity of potable water, which produces or handles materials in quantities, and in a manner which will be deleterious to the health of occupants or the public, or which emits or ra elopment consistent with the availability and adequacy of public facilities necessary to support development and to protect the public health, safety and welfare. The phasing of development, based on public facility conditions, will provide for orderly growth and development to meet projected demands while discouraging sprawl and leapfrog development patterns which create service inefficiencies, increase costs and cause scattered facility demands. Thus, for certain residential uses prescribed by Zoning District in part IV of the Zoning Bylaw, the Planning Board shall not grant a special permit unless the specified Adequate Facility Conditions are satisfied. This section is intended to provide for a detailed review by the Planning Board, aided by other Town boards, or residential uses at densities which will have a significant impact on the health, safety, and general welfare of the Town and its inhabitants due to their location and impact on or need for supporting public facilities. This provision is adopted pursuant to the authority of and purposes specified in the Zoning Act (Chapter 40A, Massachusetts General Laws annotated) which empowers Towns, among other things, to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other requirements; to conserve natural resources; and to encourage the most appropriate use of land throughout the community. B. Special Permit Required for Village Density Development 1. Except for cases specifically exempted below, prior to the issuance of any zoning permit for village density development, the applicant shall be required to obtain a special permit from the Planning Board. This requirement shall apply to developments approved after the effective date of this bylaw other than those exempted by state statute. 2. Inapplicability: This bylaw shall not apply to developments of one or more single-family units at a net density of one unit per sixty thousand (60,000) square feet or less: provided, however, that such de 1.Setbacks are in addition to the buffers noted in Table #12. 2.No single retailer shall exceed 40,000 square feet. Within the Open Space Mixed Use Development single buildings in excess of 10,000 square feet are Subject to determination by the Planning Board that such buildings are in compliance with the design and appearance criteria in Section 208.04. The design, scale, density, and character of all buildings shall strictly incorporate the intent of the Open Space Mixed Use Development Bylaw. The term ""gross leasable area"" as used herein shall mean Net floor Area minus covered walkways, gazebos, or other amenities acceptable to the Planning Board to make the development pedestrian-oriented. 3.The Neighborhood Green may be established as provided in Subsection E. 4.Height within the Neighborhood Green may be 45 feet, including ornamental structures normally constructed above the roof line, such as cupolas, and other appurtenances, such as air conditioning units (with the exception that, within the 200 foot to 500 foot reduction of buffers or setbacks from Major Streets, Limited Access Highways and Scenic Streets, height may not exceed 35 feet). (Added 6/7/2000, Approved by AG 9/13/2000) F) PLANNING PRINCIPLES AND REQUIREMENTS 1. Land Uses and Open Space. The Common Open Space or Facilities system shall serve to unify the entire development visually and functionally, to normally buffer different types of uses within the development, to appropriately buffer the development from surrounding land uses, and to visually separate buildings or groups of buildings, whether on or off-site. It is intended that the different types of uses within an Open Space Mixed Use Development shall be related to each other in a logical manner such that all uses function compatibly. 2. Relationship to Land Use. Uses shall be located and designed to serve the intended population efficiently. 3. Vehicular Circulation. Streets within the Open Space Mixed Use Development shall be designed to the then current standards of the Planning Board Rules and Regulations. Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by right? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] No" "[INST] Context: asements: water or sewer improvements, roadways, or any other recreational facilities or other similar dedication required by these guidelines. (2) If the area of open space shall not be less than thirty (30) percent of the total area of the Planned Unit Development. (3) If the total reduction in said open space shall not be greater than one (1) acre or part thereof in open space for every one (1) acre or part thereof of lands required for public use or public purpose dedication. 9. Circulation and Off-Street Parking Requirements In a Planned Unit Development, off-street parking facilities shall be provided in accordance with the following requirements: a. Size of Parking Stalls Each off-street parking space shall have an area of not less than 200 square feet, exclusive of access drives or aisles; shall measure 10 feet in width by 20 feet in length; and shall be surfaced so as to be usable for parking. Except in the case of one and two-family dwellings, no parking area shall be established with less than 3 spaces. b. Number of Parking Spaces Required The number of off-street parking spaces required shall be as set forth in Section V.C. of the Zoning By-Law. c. Access There shall be adequate provision for ingress and egress to all parking spaces. Access drive or driveways shall be no less than twelve (12) feet wide for ingress or egress and twenty-four (24) feet wide for both ingress and egress except that for single or two-family dwellings access drive or driveways shall be not less than ten (10) feet wide for both ingress and egress and may be utilized for part or all of the parking area requirements. No driveway or access drive shall be closer than fifty (50) feet to the point of intersection of the street lot-lines of any two intersecting streets. d. Size of Aisles and Driveways The width of all aisles or driveways providing direct access to individual parking stalls shall be in accordance with the following requirements: Parkin ict occupying at least 50,000 square feet of space within a building and located on a lot of at least five acres in area. [Added 6-6-1994 ATM, Art. 80] MULTI-FAMILY DEVELOPMENT [Amended 5-12-2003 ATM, Art. 50] A. A residential development in an R-4 or B-2 zone consisting of one or more buildings containing separate dwelling units. All dwelling units in a Multi-Family Development in a B-2 District shall have a maximum of two bedrooms. The total number of units shall be determined in accordance with § 415-22. All buildings shall comply with other applicable sections of the bylaw. Any land located in a B-2 zoning district may be used for access to or egress from a Multi-Family Development located in a B-2 zoning district. B. A Multi-Family Development shall be allowed on land located in a B-2 District only if i) the lot or lots proposed for such development have in the aggregate a minimum of five acres of contiguous land, notwithstanding § 415-22F(1) of this bylaw; ii) there are one or more lots abutting the lot(s) in question that are currently zoned Residence; iii) there are one or more lots abutting the lot(s) in question that are currently zoned Business; and iv) the lot(s) in question have the minimum frontage required under § 415-28 only on a street primarily used for residential purposes. NONCONFORMING USE The use of any building or land which was lawful at the time of passage of this bylaw, or amendment thereto, but which conflicts with the provisions of the effective zoning district designation. NURSING HOME/REST HOME A home for the aged and/or infirm which provides for food, shelter and care of its residents for compensation. Not included within this definition are hospitals, clinics or other medical establishments devoted primarily to the diagnosis and treatment of the sick or injured. OFFICE A building, room or space where clerical or administrative activities are performed. PARKIN structures associated with the residences in the Planned Unit Development. Common recreation areas shall be delineated on plans submitted to the Planning Board for review with the size of the area noted. Provisions for delineating this area in the finished development, method of delineation subject to Planning Board approval, shall be made by the developer. Common recreation areas shall be developed with either active or passive recreational facilities or both. No facility in which the residents of the planned unit development are excluded by outside or private membership shall qualify for the purposes of the requirements herein. § 415-52. Open space. A. Each planned unit development shall develop and maintain the following required open space: One square foot of open space for each one square foot of total gross floor area of the planned unit development, but in no event shall less than 35% of the gross land area of the planned unit development be open space. B. Computation. (1) Any required open space may include common recreation areas and required buffer areas for computation purposes. (2) In no case shall more than 30% of the required open space consist of areas defined as wetlands by the Massachusetts Wetlands Protection Act. (3) For purposes of determining the total number of allowable dwelling units, the applicant must submit a ""grid"" subdivision plan to the Planning Board which complies with the plan regulations set out in the Rules and Regulations Governing the Subdivision of Land. C. Modification. The Special Permit Granting Authority, at its discretion, shall have the right to reduce the required minimum area of open space if all of the following conditions are met: (1) If one or more tracts, parcels or lots are required to be dedicated for public use or public purpose including, but not limited to, schools, fire stations, police facilities, libraries, or other similar municipal uses, but not including utility, sewer or stormwater drainage easements; water or sewer improvements, SCHEDULE OF PERMITTED USES § 415-8. R-1 Residence Zoning District. A. Permitted principal uses: (1) Single-family residences. (2) Agricultural uses, not including retail sales. (3) Churches or other houses of worship. (4) Schools. (5) Cemeteries. (6) Public parks. B. Accessory uses: (1) Home occupations as permitted according to this bylaw. (2) Other uses customarily accessory to permitted principal uses. C. Uses requiring special permit: (1) Retail sales of produce raised on premises. (2) Hospitals and medical/dental clinics. (3) Essential municipal facilities. (4) Country/private clubs. (5) Nursing/resting homes. (6) Planned unit developments. (7) Residential Commercial Care Facilities. (8) Municipal Facilities, including: police stations, fire stations, libraries, and municipal office. [Added 5-20-1996 ATM, Art. 45] § 415-9. R-2 Residence Zoning District. A. Permitted principal uses: (1) Single-family residences. (2) Two-family residences. (3) Churches or other houses of worship. (4) Schools. (5) Cemeteries. (6) Public parks. B. Accessory uses: (1) Home occupations as permitted according to this bylaw. (2) Other uses customarily accessory to permitted principal uses. C. Uses requiring special permit: (1) Riding stables. (2) Hospitals and medical/dental clinics. (3) Essential public utility facilities. (4) Country/private clubs. (5) Nursing/resting homes. (6) Nursery for flowers and/or plants of five acres or less in size. (7) Planned unit developments. (8) Residential Commercial Care Facilities. (9) Municipal Facilities, including: police stations, fire stations, libraries and municipal offices. [Added 5-20-1996 ATM, Art. 45] § 415-10. R-3 Residence Zoning District. A. Permitted principal uses: (1) Single-family residence. (2) Two-family residence. (3) Churches and other houses of worship. (4) Schools. (5) Cemeteries. (6) Public parks. B. Accessory uses: (1) Home occupations as permitted according to this bylaw. (2) Other uses customarily accessory to permitted principal uses. C. Uses requiring spec al condition or be densely planted and in the opinion of the SPGA, provide suitable screening of abutting properties, except for access roadways. The SPGA may reduce the width of the buffer at appropriate locations, taking into account the character of open space use of abutting properties or the existence or requirement of buffer thereon. § 415-66. Building and dwelling unit requirements. A. No building or structure shall have a height greater than 36 feet or three stories. B. Dwelling units shall contain no more than two bedrooms. All dwelling units shall be detached or attached only along sidewalls in the so-called ""townhouse"" style, and no building shall contain more than four units. No mobile homes shall be allowed. C. Accessory buildings and structures for use by residents and their guests may be permitted, including clubhouse or community center, swimming pool, and tennis court, as well as storage and maintenance structures intended to service the PRDS. Such accessory buildings and structures shall be shown on the site plan. D. Multiple buildings shall be allowed on a single lot. E. Architectural style shall be in harmony with the prevailing character and scale of buildings in the neighborhood and the Town through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. Variation in detail, form and siting shall be used to provide visual interest and avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate light, air, circulation, and separation between buildings. § 415-67. Land use density. The total number of dwelling units shall be limited to four units per upland acre. For purposes of the dwelling unit calculation, the land area used shall not include any wetlands as defined by the Massachusetts Wetlands Protection Act. § 415-68. Total number of PRDS units in Town. The SPGA shall not approve a Special Permit for a PRDS which would cause the total number of PRDS dwelling units for which Special Permits have been issued ( Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by right? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know" "[INST] Context: on in the Central District or the Residential District as follows: (a) a development creating fewer than five (5) multi-family dwelling units is authorized, subject to the requirements of this section, and provided a site plan is approved by the Planning Board; and (b) a development containing five or more multi-family dwelling units is authorized, subject to the requirements of this section, and provided a special permit is issued by the Planning Board. 6.2.1.2 Notwithstanding section 6.2.1.1, the requirements of this section do not apply to townhouse dwellings approved as part of an Open Space Residential Development under section 6.4, or to multi-family dwellings approved as part of a New England Village Development under section 6.7, except as provided by section 6.7.3.2. 6.2.1.3 Any development under this section that involves a Subdivision of Land shall be subject to the approval of the Planning Board under the Subdivision Rules. 6.2.2 Density 6.2.2.1 The development shall be located on a site consisting of at least five (5) acres in the Residential District and two (2) acres in the Central District. 6.2.2.2 Twenty thousand (20,000) square feet of area for the first dwelling unit, plus ten thousand (10,000) square feet of area for each additional unit, is required, except that, for developments under section 6.2.1.1(b), the Planning Board may increase the number of units allowed, up to a maximum density of twenty thousand (20,000) square feet of area for the first unit, plus five thousand (5,000) square feet of area for each additional unit, if the Applicant proposes additional affordable housing than that required by section 6.2.4, or on-site or off-site public improvements or amenities that result in substantial benefit to the Town and which are beyond those necessary to mitigate the impacts of the proposed development. The square footage of any primary conservation areas shall not be considered in determining the number of dwelling units allowed under this section. 6.2.2.3 At least one h rming use is proposed, the total floor area of all buildings associated with the non- conforming use, and the parking or loading capacity of such use, may not be increased by more than twenty-five percent (25%), as measured from the date on which the original non-conforming use became non-conforming (where multiple non-conforming uses are located on a lot, the calculations required by this paragraph shall be made in the aggregate); (d) if a non-conforming use has been changed to a more restrictive non- conforming use (in terms of such factors as intensity of use, parking or loading capacity, or hours of operation), it may not thereafter be changed to a less restrictive non-conforming use ; and (e) if a non-conforming use has been changed to a conforming use, it may not thereafter be changed to a non-conforming use. 5.3 Effect of Zoning Change 5.3.1 Any increase in area, frontage, width, yard, or depth requirements of this Bylaw shall not apply to a lot for single or two-family residential use, which at the time of recording or endorsement, whichever occurred sooner, was not held in common ownership with any adjoining land, conformed to then existing requirements and has less than current requirements, but at least five thousand (5000) square feet of area and fifty (50) feet of frontage, as provided in M.G.L., Ch. 40A, § 6. 5.3.2 Any increase in area, frontage, width, yard, or depth requirements of this Bylaw shall not apply for a period of five (5) years from its effective date to a lot for single or two-family residential use, provided the plan for such lot was recorded or endorsed and such lot was held in common ownership with any adjoining land and conformed to the existing zoning requirements as of January 1, 1976, and had less area, frontage, width, yard or depth requirements than the newly effective zoning requirements, but contained at least seven thousand five hundred (7500) square feet of area and seventy-five (75) feet of frontage, and provided further that the provisions of this section 5.3.2 shall not apply to more than three of such adjoining lots held in common ownership. 5.3.3 Construction or operations under a building or special permit shall confor eening by fencing or landscaping of outside storage areas; 6.3.1.3.5 The building is served by municipal water. 6.3.1.4 Minimum Floor Area 6.3.1.4.1 The structure to be converted shall contain at least eleven hundred (1100) square feet and no unit shall have a floor area of less than three hundred fifty (350) square feet plus one hundred (100) square feet for each bedroom over one (1). 6.4 Open Space Residential Development 6.4.1 Purposes 6.4.1.1 This section is intended to promote integrated, creatively-designed residential development that results in the preservation of open space and natural resources, the reduction of infrastructure and site development costs, and the promotion of attractive standards of appearance consistent with Town character. 6.4.2 Special Permit Authority 6.4.2.1 The Planning Board may grant a special permit for an Open Space Residential Development (""OSRD"") authorizing the construction of single family or townhouse dwellings in the Central District, the Residential District, the Outlying District, or the Coastal Conservation District, pursuant to the provisions of this section. 6.4.3 Eligibility 6.4.3.1 Any proposed development that would create two (2) or more single family dwellings or townhouse dwelling units on a parcel of land or set of contiguous parcels of land containing at least five (5) acres is eligible for consideration as an OSRD. Parcels separated by roadways shall be considered contiguous. 6.4.3.2 Any person that submits a conventional subdivision plan (preliminary or definitive) under the Subdivision Rules that would create five (5) or more single family dwelling lots on a parcel of land or set of contiguous parcels of land containing five (5) or more acres shall be required, simultaneously with the submission of such conventional subdivision plan, to submit an application for an OSRD special permit, together with an OSRD concept plan that meets the requirements of section 6.4.4.2, except that, at any time after the opening of the public t the provisions of this section 5.3.2 shall not apply to more than three of such adjoining lots held in common ownership. 5.3.3 Construction or operations under a building or special permit shall conform to any subsequent amendment of the Bylaw, unless the use or construction is commenced within six (6) months after the issuance of the permit and, in cases involving construction, such construction is continued through to completion as continuously and expeditiously as is reasonable. 5.4 Changes to Non-Conforming Single-Family Residential Structures 5.4.1 The Board of Appeals, or a Zoning Administrator appointed by the Board pursuant to M.G.L. 40A, § 13, may approve, without the necessity of a public hearing, the changes to nonconforming single family residential structures described in this section 5.4.1. Specifically, the Board or a Zoning Administrator may approve (1) the alteration, reconstruction, or extension of a nonconforming single-family residential structure, or (2) the alteration, reconstruction, or extension of any existing (or the construction of any new) attached or detached structure that is accessory to such nonconforming single-family residential structure, but only if (a) no part of the proposed alteration, construction, reconstruction, or extension will be located within the minimum set-back area established by section 6.1.3.1 of these by-laws, and (b) the proposed alteration, construction, reconstruction, or extension will not result in, or increase, the structure's nonconformance with the lot-coverage or building-height limitations established, respectively, by sections 6.1.5.2 and 6.5.1 of these by-laws. 5.4.2 Changes to nonconforming single-family residential structures which are not authorized by section 5.4.1 of these by-laws may be approved only by the Board of Appeals pursuant to a public hearing. In deciding whether to approve such changes, the Board will first determine whether the proposed alteration, construction, reconstruction, or extension of a nonconforming single-family residential structure or accessory structure will increase the nonconforming nature of such structure. If the Board determines that there will be no increase in ns: (a) Building permits shall not be issued authorizing the construction of more than twenty-four (24) new single family dwellings in the Town in any twelve (12) month period. The number of permits allowed for new single family dwellings in any month shall equal twenty-four (24) minus the number of such dwellings that have been authorized (exclusive of unused authorizations that have expired or been withdrawn) in the preceding eleven (11) months. Subject to the provisions of section 8.5.1(b), applications for building permits for new single family dwellings shall be held and acted upon in chronological order based on the date of the filing of a complete application with the Building Inspector. (b) Building permits shall not be issued authorizing the construction of more than four (4) new single family dwellings in any twelve (12) month period on any set of lots created from land that was contiguous and held in common ownership at any time on or after the effective date of this section. 8.5.2 The limitations of section 8.5.1 are subject to the following exceptions: (a) For new single family dwellings established as part of an Open Space Residential Development approved under section 6.4 of the Bylaw, the limitation of section 8.5.1(b) shall be ten (10) dwellings per twelve (12) month period, rather than four (4) dwellings per twelve (12) month period. (b) The limitations of section 8.5.1 do not apply to affordable dwelling units, or to dwelling units authorized under a comprehensive permit issued under M.G.L., Ch. 40B, § 21, and permits issued for such units shall not be included in the count required by section 8.5.1(a). 8.5.3 Any time-limited protection against zoning change afforded by M.G.L., Ch 40A, § 6, shall be extended (if such protection has not already expired by the date on which a complete application for a building permit is filed with the Building Inspector) until such date as a building permit is issued under this section. 8.5.4 Section 8.5.1 shall not be construed as limiting the issuance of building permits for the enlargement or improvement of existing dwellings, or the rest Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by right? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] No" "[INST] Context: (f) Provisions shall be made so that usable open space shall be owned: (1) By the City of Salem for park, open space or conservation use; (2) By a corporation or trust owned or to be owned by the owners of lots or residential units within the land that may be approved by the planning board, with provisions for limited easements for recreational use by residents of the city; provided that such ownership shall vest in sufficient rights to enable it to enforce compliance with the restrictions imposed by the planning board as conditions of its special permit. (g) The planning board may, in appropriate cases as it determines, impose further restrictions upon the cluster residential development or parts thereof as a condition to granting the special permit. (h) Any special permit granted hereunder shall lapse within two (2) years if a substantial use thereof has not sooner commenced except for good cause or, in the case of a permit for construction, if construction has not begun by such date except for good cause. Sec. 7-15. Planned unit development. (a) The planning board may grant a special permit for a planned unit development for any parcel of land in the following districts: R-3 Multifamily Residential District; B-1 Neighborhood Business District; B-2 Highway Business District; B-4 Wholesale and Automotive Business District; B-5 Central Development District; I Industrial District; provided that said parcel contains a minimum of the lesser of sixty thousand (60,000) square feet or five (5) times the minimum lot size of the zoning district it is in, and subject to the requirements and conditions set out in this section. (b) Purpose. The planned unit development district is designed to provide various types of land use which can be combined in compatible relationship with each other as part of a totally planned development. It is the intent of this district to ensure compliance with the master plan and good zoning practices, while allowing certain desirable departures from the st ach other as part of a totally planned development. It is the intent of this district to ensure compliance with the master plan and good zoning practices, while allowing certain desirable departures from the strict provisions of specific zone classifications. The advantages which are intended to result from the application of the planned unit development district are to be ensured by the adoption of a precise development plan with a specific time limit for commencement of construction. (c) All uses or any combination thereof permitted in R-3, B-1, B-2, B-4, B-5 and I Districts may be allowed in a planned unit development, subject to the following limitations of uses: (1) There can be a multiplicity of types of residential development, provided that, at the boundaries with existing residential development, where typical development is permitted, the form and type of development on the planned unit development site boundary are compatible with the existing or potential development of the surrounding neighborhoods. (2) A specific commercial or industrial use for property adjacent to an existing commercial or residential zone may be approved as a planned unit development. Where this is permitted, the plan for the total property shall be submitted and the applicant shall clearly detail, by engineering and architectural specifications and drawings, the manner in which the subject area is to be developed and the means that will be employed to protect the abutting property and the health, safety, welfare and privacy enjoyed thereon. (3) Maximum bulk, yards, parking and loading requirements shall be established for each planned unit development district by the development plan approved by the planning board. Height limitations shall be in accordance with the zoning district in which the planned unit development is located. (4) Minimum lot frontage. To preserve and protect the value of properties adjacent to a proposed planned unit development district and to provide for an orderly and uniform transition, lots which w fed-over or enclosed structure shall be nearer than five (5) feet to any side or rear lot line. There shall be no restriction insofar as front yard setbacks are required, provided, however, the roof or enclosure does not extend beyond the original structure. (3) The roofing over and/or enclosing of the structure, in the opinion of the building inspector with the cooperation of the chief of the fire department and the board of health, will not be a hazard to the safety or well-being of the general neighborhood. (4) If the appurtenant structure to be enclosed and/or roofed over was constructed after August 27, 1965, it may be so enclosed if, in the opinion of the building inspector with the concurrence of the chief of the fire department and board of health, it will not be a hazard to the safety or well-being of the general neighborhood. Sec. 7-13. Religious or educational institutions. No portion of this zoning ordinance shall be interpreted to regulate or restrict the use of land or structures for religious purposes or for educational purposes on land owned or leased by the Commonwealth of Massachusetts or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination or by a nonprofit educational corporation; provided, however, that such land or structures must comply with all the requirements of the zoning ordinance concerning the bulk and height of structures, yard size, lot area, setbacks, open space, parking and building coverage requirements of the zoning district in which it is located. Sec. 7-14. Cluster residential development. (a) Purposes. For the purposes of promoting the more efficient use of land in harmony with its natural features and with the general intent of the zoning ordinance and to protect and promote the health, safety, convenience and general welfare of the inhabitants of the city, an owner or owners of a tract of land situated within the R-1 One-Family Residential Districts, R-C Residential-Conservation Districts, R-2 Two-Family Residential Districts and R-3 Multif n of a report. Notice of the filing of the petition shall be given to the city clerk, fire department, police department, superintendent of streets and school department and further notice shall be given as required by the planning board, and a public hearing shall be held within sixty-five (65) days after filing of an application in accordance with Massachusetts General Laws, Chapter 40A. (d) Failure by the planning board to take final action upon an application for a special permit within ninety (90) days following the date of the public hearing shall be deemed to be a grant of the permit applied for. (e) After a notice and public hearing as set forth above, the planning board, by a two-thirds ( 2/3) vote, may grant such a permit, provided that: (1) No structure shall exceed two and one-half (2.5) stories. (2) As far as possible, the plan follows the natural contours of the terrain and respects the natural features of the site. (3) The proposed plan is in harmony with the purpose and intent of this ordinance and the master plan of the City of Salem and that it will promote the purposes of this section. (4) The area of the tract of land to be subdivided is not less than five (5) acres. (5) When the open land is added to the building lots, the total area shall be at least equal in area to the land area required by this ordinance or by law for the total number of units or buildings contemplated in the development for the zoning district. (6) At least twenty (20) percent of the total tract area (of which at least fifty (50) percent shall not be wetlands or slopelands, nor shall it include streets, ways and parking areas) shall be set aside as common land and shall consist of usable open space. (7) The cluster development would not result in a net negative environmental impact. (f) Provisions shall be made so that usable open space shall be owned: (1) By the City of Salem for park, open space or conservation use; (2) By a corporation or trust owned or to be owned ed districts after holding a public hearing. k. Notwithstanding anything in these zoning regulations to the contrary, sales of individual dwelling units in multifamily dwellings or otherwise, constituting townhouses, row houses or attached houses or the like, may be made without compliance with the residential density regulations appearing in this ordinance, excepting only that a minimum lot area of each dwelling unit shall be one thousand (1,000) feet. (6) Notwithstanding the ""specifically excluded"" list of uses specified in paragraphs (b) and (c) of this section, certain other uses will be allowed by special permit for certain multifamily complexes. Therefore, multifamily (apartment) buildings and developments complying with the following basic minimum requirements may have the hereinafter permissive special permit uses built and occupied as part of the development: a. The hereinafter listed special permit uses may be built and occupied by a special permit issued by the board of appeals as required by section 9-4 hereof. The basic minimum requirement shall not be changed. If any change in the basic requirement is made, the special permit use shall cease forthwith. The basic requirements are: 1. There shall be a minimum of one hundred fifty (150) dwelling units in the building or buildings. 2. The ownership title to all buildings and all land shall be held in a single ownership, either by a corporation or an individual. 3. All multifamily buildings shall be built and so located that no other type of building except a multifamily dwelling shall occupy any part of the land or development. 4. The area occupied by all businesses permitted by the special permit uses shall be within a multifamily dwelling or may be in an ell or wing, providing the ell is more or less attached to the main building. 5. The areas required for such special permit occupancy shall be predetermined so as to prevent locating such businesses in a haphazard manner. It is the intention of this provision to concentrate the business into one (1) general area to create a ""local business area"" with Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by right? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] No" "[INST] Context: non- conforming use must be commenced within one year of such damage or destruction and the reconstruction completed and the structure occupied within two (2) years of such damage or destruction. 2.4.2.A residence in a district where residences are permitted, but on a non conforming lot, may be reconstructed, altered or repaired without change in the lot size, provided that such alteration, reconstruction, extension or structural change does not increase the non conforming nature of such structure. 2.4.3.Any other non conforming structure or use the change or alteration of which is not otherwise permitted as a matter of right by the provisions hereof, may be extended, altered, reconstructed or repaired, provided any such extension shall not exceed twenty-five percent (25%) of its area on said lot as of June 16, 1988, and that in each case the Board of Appeals, in accordance with the procedures of Section 9.2.3 hereof, shall find that such extension, alteration, reconstruction or repair is not substantially more detrimental to the neighborhood than the existing non conforming structure or use. 2.4.4.Notwithstanding anything contained herein to the contrary, such expansion of a structure or use permitted hereunder must be physically located within the perimeter of the lot as said perimeter existed and upon which the non conforming structure or use was situated on the date the structure or use originally became nonconforming. 2.5 Accessory Uses Accessory uses shall be on the same lot with the building of the owner or occupant except as otherwise provided herein, and shall not alter the character of the premises on which they are located nor impair the neighborhood. 2.5.1.Residential Accessory Uses. The following accessory uses are specifically permitted as of right or by Special Permit: a. Family day care homes. Licensed family day care homes as defined in M.G.L. c.28A, Section 9, are allowed as an accessory use as of right in all districts in which detached single-family dwellings are a permitted use. Where detached single-family dwellings require a Special Per nd moderate-income affordable units shall be subject to an affordable housing restriction pursuant to M.G.L. c.184. c. The Building Inspector shall not issue an occupancy permit to the applicant without receipt of evidence that the use restriction approved by the Planning Board prior to the issuance of a Special Permit has been recorded at the Registry of Deeds. 4.1.4.Minimum Design Standards a. A multi-family building shall contain no less than three and no more than six units unless waived by the Planning Board, and shall not exceed a building height of 35 feet and two and one half stories. b. Multi-family housing shall avoid monotonous, look-alike designs and promote high standards of exterior quality and appearance. c. Applicants shall comply with Section 5, Parking and Loading, for number of off-street parking spaces per unit. At least one space shall be located so as to provide convenient access to its assigned dwelling unit. Parking garages will be permitted as a parking space if located and designed so as to complement the building design and site layout. d. All residential buildings shall be oriented toward the street or the interior road that provides access to them, with parking spaces located to the rear of a building or on the side, provided that no parking is located within 20 feet of the front facade of the building. e. Setbacks. 1. Multi-family housing shall provide a rear setback of at least 50 feet to an abutting single-family residence. If the Planning Board finds that a setback of lesser width would be sufficient to screen and/or separate the development from adjacent property, the setback may be reduced. In its discretion, the Planning Board may require no-cut easements, conservation restrictions or the like where the setback has been reduced. The Planning Board may also reduce the rear yard setback for multi-family housing of five or fewer units if the building is architecturally similar to single-family residences in the same general area. 2. The front yard shall be landscaped with indig 4.SPECIAL REGULATIONS 4.1 Multi-Family Housing (Revised 11-01-05) In any district where multi-family housing is a permitted or special permitted use, it shall be subject to the following requirements, except that multi-family units in an Low Impact Development shall comply with the regulations in Section 4.2A of this Bylaw. 4.1.1.Site Plan Review Multi-family housing is subject to Site Plan Review under Section 7 of this Bylaw. 4.1.2.Maximum Density a. Where conversion of an existing single-family dwelling to three multi-family units is a permitted use or a use allowed by special permit, the minimum lot area shall be at least 1.5 times that of the applicable minimum lot area for a single-family dwelling. b. For multi-family housing of four (4) units or more, the maximum density is as follows: District,Maximum Density R-3,""20,000sf for the first unit plus 10,000sf for each additional dwelling unit, up to a maximum of 24 units"" ""Village Business, Mixed-Use, or Commercial District"",""20,000sf for the first unit plus 10,000sf for each additional dwelling unit, up to a maximum of 36 units"" c. More than one principal building may be permitted on a single lot by Special Permit from the Planning Board. No principal building may contain less than three (3) units nor more than six (6) units unless waived by the Planning Board. 4.1.3.Affordable Housing Requirement a. To qualify for a Special Permit for multi-family housing of four or more units, the applicant must include housing affordable to low- or moderate-income households as defined in this Bylaw, as follows: the seventh unit and every sixth unit thereafter shall be a low- or moderate-income housing unit. Nothing in this section shall preclude an applicant from providing more low- or moderate-income housing units than the minimum required by this Bylaw. b. All low- and moderate-income affordable units shall be subject to an affordable housing restriction pursuant to M.G.L. c.184. c. The Building Inspector shall not issue an occupancy permit to the applicant without ction 4.6 6. Home business workshop, subject to Section 4.6 7. Conservation areas, reservations, or wildlife areas 8. On five acres of land or less: Gardens; growing and storing of fruits, berries, vegetables, hay, fodder and ensilage; orchards, wood lots and forestry; or nursery and similar agricultural crop activities 9. Residential accessory uses in accordance with Section 2.5 of this Bylaw 10. Uses permitted in accordance with Section 2.3 of this Bylaw or otherwise exempt from zoning under M.G.L. c.40A Section 3 11. Conversion of a single-family dwelling to a two-family dwelling b. Uses Allowed by Special Permit from the Planning Board 1. Low-impact development, subject to Section 4.2A 2. Assisted living facility or nursing home, or an assisted living facility and nursing home in a single development 3. Detached single-family dwelling on a hammerhead lot, subject to Section 4.3 4. Conversion of a single-family dwelling to a multi-family dwelling of up to three units, subject to Section 4.1 5. Residential accessory uses in accordance with Section 2.5 c. Uses Allowed by Special Permit from the Board of Appeals 1. Golf course (not including miniature golf), ski grounds, camping areas, or swimming facilities, including the incidental sale of refreshments, if primarily for the convenience of the patrons, and of equipment customarily related to their use 2. Cemetery 3. Hospital, medical institution, or historic, philanthropic or charitable institution 4. Kennel or riding stable, except that a horse farm or stable that is otherwise exempt under M.G.L. c.40A, Section 3 shall not require a Special Permit 5. Public utility 6. Home specialty retail, subject to Section 4.6 7. Bed and breakfast 8. Day or overnight outdoor recreation camp 3.2.2. Density and Dimensional Regulations a. Minimum Lot Area: 1. Single-family 40,000 square feet 2. Two-family 60,000 square feet 3. Multi-family Subject to Section 4.1 4. Other uses 40,000 square feet b. Minimum Frontage: 175 fee but may be included as part or all of the required five percent parking lot landscaping. 7.12.8. Bicycle facilities. Any development in a business district shall be required to provide bicycle racks in one or more appropriate locations on the site as approved by the Planning Board. 7.12.9. Off-Street Parking. All off-street parking shall be designed in accordance with Section 5 of this Zoning Bylaw, except as provided below. a. Reserve parking spaces. The applicant may request and, where appropriate, the Planning Board may authorize a decrease in the number of off-street parking spaces required in Subsection 5.5, subject to the following conditions: 1. The decrease in the number of parking spaces is no more than thirty percent (30%) of the total number of spaces required under Subsection 5.5. The waived parking spaces shall not be used for building area and shall be labeled as ""Reserve Parking"" on the site plan. 2. Written approval is given by the Building Inspector, the Police Department and the Department of Public Works. 3. The proposed decrease in the number of required spaces will not create undue congestion, traffic hazards, or a substantial detriment to the neighborhood, and does not derogate the intent and purpose of this Bylaw. 4. The reserve parking spaces shall be properly designed as an integral part of the overall parking development. 5. In no case shall any reserve parking spaces be located within areas counted as buffer, parking setback or open space. 6. If at any time, after one (1) year from the date of issuance of a certificate of occupancy, the Building Inspector and/or Planning Board find that all or any of the increased reserve spaces are needed, the Planning Board may require that all or any portion of the spaces identified as reserved parking spaces on the site plan be constructed within a reasonable time period as specified by the Planning Board. A written notice of such a decision shall be sent to the applicant within seven (7) days before the matter is next discussed at a Planning Board meeting. 7.13. Supplemental Site Development Standards for Village Business, Mixed-Use Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by right? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] No" "[INST] Context: t, for review and concurrence by the Planning Board. 3. The total number of dwelling units shall not exceed that allowed by the following formula concurred with by the Planning Board: [Amended 5-5-2010 ATM, Art. 16] USABLE ACRES/MINIMUM LOT AREA = NUMBER OF CONDENSED SIZE LOTS WHERE USABLE ACRES = [TOTAL TRACT ACRES]-[20% EXCLUSION OF TRACT ACRES (streets, walks, easements, etc.)]-[50% TRACT ACRES FOR OPEN SPACE] No structure shall be built or used in a cluster development except in compliance with the use regulations of Section 3.1 [Principal Uses] and with the following dimensional regulations. Minimum Lot Area District,(square feet),Frontage,Front,Side,Rear RA,""15,000"",75,20,10,30 RB,N/A,N/A,N/A,N/A,N/A RM,N/A,N/A,N/A,N/A,N/A 4. Side and rear yard requirements shall apply only where the lot in the cluster development abuts non-cluster adjacent property, elsewhere side and rear yard requirements may be waived by the Planning Board. 5. Larger lot sizes may be required, as determined by the Planning Board with advisory by the Board of Health, where public sewerage is not available, and considering soil conditions, water table and slope conditions. 6. No lot shall have more than ten percent (10%) of its minimum lot area made up of wetlands and slopes greater than twenty-five percent (25%) in grade, singularly or combined. 7. Only single-family dwellings shall be allowed in cluster developments unless provisions of Subsection 7.3.7 are followed. 8. Buildings shall be oriented with respect to scenic vistas, natural landscape features, topography and natural drainage areas in accordance with criteria for site plan review of this 9.4. 9. New dwellings shall be grouped so that fields, pastures, woodlands, and road frontage remain as undeveloped as possible. To serve the purposes of this requirement, subdivision definitive plans shall depict the approximate location line of undisturbed woodlands and other greenery associated with separate building lots. 7.3.5 Open Space. All remain or scenic, agricultural, recreation, and conservation purposes, otherwise not provided by conventional subdivision plans; 2. preserve more greenery and woodlands through less disturbance, temperance of the appearance of suburban sprawl associated with conventional subdivision development; and 3. promote less costly development and maintenance outlay. 7.3.2 Administration. The Planning Board may by special permit grant approval for the construction and occupancy of a cluster development, supplemented by appropriate amenities as agreed to by the owner, on a parcel of land in excess of five (5) contiguous acres located in a Residential Districts. Such cluster development shall also require approval under the Subdivision Rules and Regulations of the Planning Board. 7.3.3 Application Procedure. To promote better communication and avoid misunderstanding, applicants are encouraged to submit preliminary proposals and plans for informal review prior to formal application. The following submission is required. 1. Applicants for a cluster development shall submit to the Planning Board six (6) copies of a completed application and ten (10) copies of a plan meeting the specifications for a preliminary plan as established by the Subdivision Regulations adopted by the Ashland Planning Board. Said plan shall also indicate proposed building uses, building locations and development schedule and shall have been prepared by a landscape or registered architect, or civil engineer. Submitted application materials shall also indicate the applicant's legal interest in the land to be developed, the form of organization to be proposed to own and maintain the common land, the substance of covenants and grants of easements to be imposed upon the use of land and structures and the development schedule. 2. At least four (4) copies of a site analysis shall be submitted, consisting of one (1) transparent copy of the above plan, and a series of site analysis drawings at the same scale, each on a separate sheet, indicating hority. Any development pursuant to the PSMUOD by-law shall be allowed only by special permit. The Planning Board is hereby designated as the Special Permit Granting Authority (SPGA) in the PSMUOD. A super majority shall be required for plan approval. All Special Permit applications made pursuant to the PSMUOD by-law shall conform to the standards and criteria and procedural provisions of the PSMUOD by-law and all relevant procedural provisions in the current Ashland zoning by-laws. Said Special Permit may be issued subject to such conditions as the Planning Board may deem appropriate to protect the public interest and to ensure that development to the PSMUOD will be consistent with the purpose of this Section and the controls set forth herein. 4.0 Development Criteria. In addition to the specific requirements contained within this Bylaw, the Ashland Planning Board shall issue a special permit for development within the PSMUOD only after consideration of the following: 1. Adequacy of the site in relation to the size of the proposed structure(s); 2. Adequacy of the provision of open space, its accessibility to the general public, and/or its association with adjacent or proximate open space areas; 3. Suitability of the site for the proposed use(s); 4. Impact on traffic, pedestrian flow and safety and access for emergency vehicles; 5. .Impact on the visual character of the neighborhood; 6. Adequacy of utilities, including sewage disposal, water supply and storm water drainage; 7. Degree to which the proposed project complies with the stated purpose of this bylaw; 8. Impact of the proposal on the existing mix of structures and businesses in the PSMUOD. 5.0 Permitted Uses. Within the PSMUOD, the Planning Board may issue a special permit for the following uses either solely or in combination: 5.1 Residential. 1. Dwelling units located above or adjacent to a building containing non-residential uses. 2. Dwelling units above or adjacent to non-residential uses may be connected for access if both are owned by the same entity and occupied cessary to serve the purposes of this By-Law. 9.3.5 Plans. Unless otherwise provided by rule or regulation of the special Permit Granting Authority, an applicant for a special permit shall submit a plan in substantial conformance with the requirements of Section 9.4, herein. 9.3.6 Regulations. The special permit granting authority may adopt rules and regulations for the administration of this section. 9.3.7 Fees. The special permit granting authority may adopt reasonable administrative fees and technical review fees for applications for special permits. 9.3.8 Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 24 months following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in G.L. c. 40A, s. 17, from the grant thereof) with the Town Clerk. 9.3.9 Priority Development Site(s). An application for a special permit required in connection with the development of a Priority Development Site (PDS) shall be submitted simultaneously with any other permit application(s) required by the Code of the Town of Ashland, including these Zoning By-laws, relating to the use or development of the PDS or the buildings and/or structures located thereon, and not otherwise exempted by G.L. c. 43D, and a decision thereon shall be rendered no later than one hundred eighty (180) days from said date of submittal. Review of an application for a special permit shall be combined with any other review(s) required of the Special Permit Granting Authority (SPGA). Where the Board of Appeals is designated as the SPGA and said other review(s) are required of the Planning Board, or where the Planning Board is designated as the SPGA and said other review(s) are required of the Board of Appeals, all reviews shall occur at joint session(s) of those Boards, when feasible. [Added 5-5-2010 ATM, Art. 17] 9.4 SITE PLAN REVIEW 9.4.1 Applicability. Site plan review shall apply to: 1. The construction of a commercial or industrial structure in the Commercial A, Commercial B or Industrial Zonin t four (4) copies of a site analysis shall be submitted, consisting of one (1) transparent copy of the above plan, and a series of site analysis drawings at the same scale, each on a separate sheet, indicating analysis of hydrologic systems, vegetation cover, slope and land form, soils and geology and such other characteristics as required by the rules and regulations of the Planning Board. 3. Review and decision. Forthwith upon receipt of the application and required plans, the Planning Board shall transmit one (1) copy each to the Board of Health and Conservation Commission. The Board of Health and Conservation Commission shall submit written reports to the Planning Board within thirty-five (35) days of the referral, and the Planning Board shall make no decisions upon the application until receipt of all such reports or until thirty-five (35) days have elapsed since date of referral without such reports. 4. Under this section, the Planning Board shall give consideration to the reports of the Board of Health and Conservation Commission and to the degree to which the proposed development conforms to the intent of the cluster development. 7.3.4 Requirements. A cluster development must conform to the following: 1. An applicant for cluster development consideration, in determining the limit on the number of dwelling units which can be built on a specific tract, must determine the number of lots by the two methods listed below. The numbers of lots shall be determined based on whatever method depicts the least amount of lots. 2. The total number of dwelling units shall not exceed the number for which the tract could have been developed (conventional lots), but for the provisions of this section. The applicant shall present calculations and a scaled drawing depicting a conventional development, for review and concurrence by the Planning Board. 3. The total number of dwelling units shall not exceed that allowed by the following formula concurred with by the Planning Board: [Amended 5-5-2010 ATM, Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by special permit? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: le state and local regulations, and without extraordinary engineering measures. Where the maximum square footage is in doubt, the determination of the Planning Board shall be conclusive for all purposes. 7706 Decision The Planning Board may approve, approve with conditions, or deny an application for an Open Space Commercial Development in accordance with Section 9200 of the Zoning Bylaw (governing special permits). The Planning Board may issue a special permit for an Open Space Commercial Development only if, in addition to other requirements, the applicant shall demonstrate: (1) That the proposed development conforms with the purpose and intent of the Open Space Commercial Development Bylaw. (2) That the proposed buildings are designed in harmony with the natural features of the site. The site plan, to the extent possible, preserves the topography, views, vistas, wildlife habitat, significant trees or stands of trees, wetlands, brooks, waterbodies, historic or archeological sites, trails and cart paths located on the site. (3) That adequate access is provided to the common open space. (4) That the overall design and site plan of the Open Space Commercial Development is superior to that of a conventional subdivision and warrants special consideration for modification of existing standards. (5) That the Open Space is of a size, shape, and dimension suitable for park, recreation, conservation, or agricultural purposes. (6) That the plan complies with applicable Subdivision Rules and Regulations. 7800 Access Through a Commercial District to a Residential District Access through the Business, Business 1, Office Park, or Industrial-Commercial Districts to the Agricultural-Residential District shall only be allowed by Special Permit. The Special Permit Granting Authority for such permits shall be the Planning Board. In granting such permit, the Planning Board shall find that, in addition to the standards set forth in Section 9204 of this Bylaw, there are clear and compelling benefits 4500 Special Permits for Conversions In making its determination with respect to a special permit for the conversion of dwellings in any Agricultural-Residential District, the Special Permit Granting Authority shall, in addition to other requirements specified in Section 9204 of this Bylaw, deny any permit therefor where the conversion would substantially alter the external appearance of the structure from that of a single family dwelling. 4600 Special Permit for Car Sales 4601 General In making its determination with respect to a special permit for ""car sales"" in the Business, Business 1, Office Park or Industrial-Commercial District, the Special Permit Granting Authority shall, in addition to other requirements specified in Section 9204 of this Bylaw find the following: (1) No more than twenty (20) vehicles will be stored or for sale on the site; (2) No cars will be parked in the front yard setback area; (3) Only passenger vehicles or light trucks will be for sale on the site; (4) No large trucks or campers will be for sale on the site; (5) Outdoor display areas contain adequate landscape buffers. 4700 Special Permits for Restaurants In making its determination with respect to a special permit for a restaurant in the Business or Business1 District, the Special Permit Granting Authority shall, in addition to other requirements specified in Section 9204 of this Bylaw, consider each of the following factors before the issuance of a special permit: (1) Suitability of the site for the proposed restaurant. (2) The effect on traffic flow and safety and the impact of traffic on neighboring streets. (3) Compatibility of proposed building design, scale, and size with community & neighborhood character. (4) Adequacy of plans to reduce or eliminate noise, smells, and litter. (5) Sale of food for take out service is expressly prohibited. 4800 Special P on health; (7) Potential fiscal impact, including tax contribution, diminution or enhancement of neighboring property values, and creation of new employment opportunities. 9205 Amendment The Board shall have the power to amend the terms and conditions of a special permit on application of the owner, lessee or mortgagee of the premises or upon its own motion (if such power is reserved by the Board in its original approval). All of the provisions of this paragraph applicable to approval, shall, where apt, be applicable to such modification or amendment. 9206 Conditions Before approving any special permit, the Special Permit Granting Authority may impose conditions, safeguards and limitations on time and/or use to assure that the structure or use proposed shall at all times be in harmony with the general purpose and intent of this Bylaw. 9207 Lapse All special permits shall lapse within two years and including such time required to pursue or await the determination of an appeal under G.L. c. 40A, s. 17 from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permits for construction, if construction has not begun by such date except for good cause. 9208 Recording Upon approval of a special permit, the recipient shall comply with the provisions of G.L. c. 40A, s. 11, regarding recording. Proof of such recording shall be required of the recipient of a special permit prior to the issuance of any building permit or the beginning of construction. 9300 Planning Board Associate The Planning Board and the Board of Selectmen jointly may appoint an associate member as provided for under G.L. c. 40A, § 9. The Planning Board Chairperson may designate an associate member to sit on the board for the purposes of acting on a special permit application in the case of absence, inability to act, or conflict of interest on the part of any member of the Planning Board, or in the event of a vacancy on the board. The t approvals required from local boards or commissions, including, but not limited to, the Board of Health, Planning Board, Conservation Commission and/or Board of Selectmen, have been obtained prior to the issuance, if any, of a special permit. 9204 Decision After a public hearing has been held in the manner provided by G.L. c. 40A, § 9 and 15 and subject to such reasonable rules and regulations as it may adopt relative to the approval of special permits, the Special Permit Granting Authority shall approve, modify and approve, or shall disapprove such application, all in the manner provided by G.L. c. 40A, § 9. Where the application is also subject to site plan approval pursuant to Section 8000 of this Bylaw, and the Planning Board has approved the site plan with conditions, the conditions imposed by the Planning Board shall be incorporated into the issuance, if any, of a special permit by the Board of Appeals. No application for a special permit shall be granted unless the Special Permit Granting Authority shall find that the structure(s) and/or use(s) proposed shall not have adverse effects which outweigh its benefits on either the town or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. The determination shall include consideration of each of the following: (1) Social and community needs which are served by the proposal; (2) Traffic flow and safety; (3) Adequacy of utilities and other public or private services, including storage or disposal of sewage, refuse or other wastes, and drainage and/or retention of surface water; (4) Density of population, intensity of use, neighborhood character and social structures; (5) Impacts on the natural environment; (6) Impacts on health; (7) Potential fiscal impact, including tax contribution, diminution or enhancement of neighboring property values, and creation of new employment opportunities. 9205 Amendment The Boa s and other architectural techniques. The building design shall be responsive to the rural/historic character of the town and the buildings shall be compatible with traditional New England architecture. 4301 Single-Family Dwellings in the Town Center District In order to promote mixed uses in the Town Center District and to discourage the conversion of a majority of undeveloped Town Center land to residential uses, single-family dwellings shall only be permitted by special permit in conjunction with commercial development in a Mixed Use Development. 4302 Applicability The Planning Board shall be the special permit granting authority for single-family dwellings in the Town Center. Single-family dwellings in existence prior to the effective date of this Bylaw shall not be subject to this Bylaw nor shall any extension or alteration to any existing single-family dwelling or a single-family dwelling previously approved under this Bylaw, provided that such extension or alteration complies with the applicable dimensional requirements of the Zoning Bylaw. Building permits for new single-family dwellings may be withheld unless such single-family dwelling complies with the provisions of the Bylaw and any special permit rendered hereunder. New single-family dwellings may only be permitted as part of a Mixed Use Development. Mixed Use Developments may include any use permitted as of right in the Town Center District, or any use for which a special permit has been granted by the Board of Appeals, as well as single-family dwellings. 4303 Criteria Prior to the issuance of a special permit for single-family dwellings in a Mixed Use Development, the Planning Board shall find the following: (1) The proposal is consistent with the Master Plan; (2) The proposal meets all the applicable dimensional requirements of the Zoning Bylaw; (3) The proposed commercial uses are compatible with single-family residential uses; (4) No more than 30 percent of the Gross Floor Area of the Mixed Use development may be used for single-family purposes; ( Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by special permit? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know" "[INST] Context: d a new hearing and must be considered as a new appeal. (Code 1965, § 27-48; Ord. No. D74, 7-24-78) Sec. 27-49. Special permits. The board shall hear and decide applications for special permits for special uses as specified in article III, article IV and article XIV of this chapter. The board may issue special permits only following public hearings held within sixty-five (65) days after filing of an application with the board. The board may, in accordance with Chapter 40A of the General Laws, grant special permits for such designated uses without any finding of hardship. In acting upon special permits the board shall take into account the general purpose and intent of this chapter and, in order to preserve community values, may impose conditions and safeguards deemed necessary to protect the surrounding neighborhood, in addition to the applicable requirements of this chapter, such as, but not limited to. the following: a. Front, side or rear yards greater than the minimum required by this chapter. b. Screening of parking areas or other parts of the premises from adjoining premises or from the street by specified walls, fences, planting or other devices. c. Modification of the exterior features or appearance of the structure. d. Limitation of size, number of occupants, method or time of operation, or extent of facilities. e. Regulation of number, design and location of access drives or other traffic features. f. Requirement of off-street parking or other special features beyond the minimum required by this or other applicable codes or regulations. g. Control of the number, location, size and lighting of signs. (Code 1965, § 27-49; Ord. No. D75, 7-24-78; Ord. No. D371, 7-28-95 ARTICLE V. SPECIAL USES Sec. 27-37. Permits for special uses. The board of appeals may authorize the issuance of a special permit for special uses as provided for in Article VII, only in accordance with the following provisions: a. Special uses for which special permits may be issued shall be deemed to be a permitted use, subject to the conditions contained in this article. Any special use permitted as provided for herein shall be deemed a conforming use only as of the time of its actual establishment. b. Each special use shall be considered an individual case and such use shall conform to the standards of this article. In addition to the specific requirements for each of the special uses enumerated elsewhere in this article, the board of appeals shall find that: 1. The special use fully complies with all applicable regulations of this or other city ordinances. 2. The use will be of such location, size and character that, generally, it will be in harmony with the appropriate and orderly development of the zone in which the use is situated and will not be detrimental to the existing neighborhood or orderly development of adjacent properties nor inconsistent with any officially adopted master plan for the city. 3. Adequate ingress and egress from parking areas is so designed as to cause minimum interference with traffic on abutting streets. 4. Such use will also fully comply with the additional standards set forth in section 27-38. c. In the floodplain, watershed and wetlands protection zone such uses must not conflict with the purposes of the zone by reducing water storage capacity, interfering with the natural flow of any watercourse, or otherwise affecting the natural hydrology of an area or endangering the health or safety of the residents thereof. d. Each special permit issued by the Board of Appeals shall lapse within one year from the date of issuance if a substantial use has not commenced prior to the year's expiration without good cause, or in the case of a permit for construction, if construction has not begun by such date except by good cause. (Code 1965, § 27-37; Ord. No. D72, 7-24-78) Sec d (4) That the proposed action, if on a lot of one-half acre or less and is otherwise permitted by this ordinance, is contiguous to and surrounded by lots with existing structures constructed below the base flood level. b. The application for a special permit for an exception shall include a plan prepared and certified by a registered professional engineer or a registered landscape architect or a registered land surveyor. This plan will show all proposed and existing buildings, structures, roads, ways, drainage facilities, and landscape features (including wetlands, trees and the like). The plan will show all existing and proposed finished ground contours at two-foot intervals or at other intervals as the board may require. c. The application for an exception shall also include an environmental assessment review prepared by an environmentally qualified person acceptable to the board. This statement will describe the impact upon the physical environment of the proposed use. d. The board of appeals may waive the requirements of paragraphs b and/or c where it determines that the probable impact upon the physical environment of the proposed use is minimal and that the technical data of a plan and/or environmental assessment review is not necessary to its consideration of the application. Because of the substantial scope, substance and impact of such projects, a waiver will not be granted where the proposed use involves a subdivision of land pursuant to section 81K-81GG of Chapter 41 of the General Laws, construction of multiple-family housing; or business, industrial, transportation or institutional uses. e. The applicant shall provide the board with an original and eight (8) copies of any plan and/or environmental assessment review required under paragraphs b and c above. Upon receipt of the filing, the board of appeals will forward one copy of each document to the inspector of buildings, the highway, sewer and water divisions of the department of public works, the planning office, planning board, the health department and the c lot size derogate from the minimum established in subsection F of this section. (a) The land under construction shall be located on one (1) or more contiguous parcels, whether or not separated by a public or private way, with definite boundaries ascertainable from an allowed recorded deed or recorded plan; 2. [Lot sizes.] Larger lot sizes may be allowed, as determined by the planning board, considering soil conditions, water table and slope conditions; 3. Open space. All remaining land in the development not contained in single-attached dwelling lots, or within rights- of-way and municipal easements, shall be held in common use of the residents of the development and, in some circumstances of the city, as open space, as determined by the planning board, and shall meet the following requirements: (a) All such open space parcels, together, shall equal not less than thirty (30) percent of the total parcel area and shall serve passive recreational purposes; (b) Wetlands, as determined by the conservation commission, shall qualify as open space, if such wetlands are situated in the development perimeter buffering area, or situated as passive recreation areas; (c) Desirable qualities of open space reservations are: Continuity of open space within the development and into existing adjoining developments. Protection of water courses, wetlands and other ecologically sensitive areas. Configuration reflecting landforms and existing vegetative patterns and handicapped accessibility from at least fifty (50) percent of the abutting dwellings. F. Building and dwelling unit requirements. 1. Number of dwelling units permitted. Written computation shall be provided to the planning board, at the time of application submittal, based on a maximum average of five (5) dwelling units per acre of such land dedicated to dwelling unit building lots; with the maximum number of bedrooms in each dwelling unit limited to two (2): the method of distribution of allowable dwelling units per acre shall determine the total num or green space required by chapter 27; (i) Location of parking areas required by chapter 27 and facilities for internal vehicular and pedestrian circulation; (j) Site drainage and supporting data, if required; (k) Location of site utilities and supporting data, if required; (l) Any loading facilities as may be required by chapter 27; (m) Traffic study, if required by the PGA, given the proposed development of the site and the expected traffic impact; (n) Architectural drawing of the proposed building(s) and structure(s), if required by the PGA. (Ord. No. E012, 1-25-01) Sec. 27-89. Criteria for approval. The PGA shall ensure that there will be reasonable use of the site consistent with its underlying zoning subject to the following criteria: 1. Adequate capacity of local streets to accommodate traffic to be generated by the proposed use. In addressing this criteria, the PGA may consider projections of increased traffic volumes due to the proposed development and its impact on existing streets and die ability of the applicants to mitigate the traffic impacts at the site and affected adjacent streets and ways; 2. Adequacy of the public infrastructure to service the area and the immediate vicinity of the site. The public infrastructure includes the city's water, sewer and public safety protection; 3. Protection of adjoining properties against serious detrimental uses by providing for adequate site drainage, offensive sounds and sights and landscaped screening and buffers; 4. Convenience and safety of vehicular and pedestrian movement within the site and location of driveways and adjacent streets; 5. Adequacy of parking and loading arrangements; and 6. Adequacy of the methods for disposal of water, sewerage and refuse and other wastes resulting from the permitted use on the site. (Ord. No. E012, 1-25-01) Sec. 27-89A. Thresholds. 1. All multifamily or apartment development over six (6) units. 2. Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by special permit? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know" "[INST] Context: 11.6 Special Permit Use Multi-unit Dwellings of Three Units or More Including STM 9/22/86 A. Purpose: To protect the public interest in preservation of groundwater resources, wetlands, to assure traffic safety, protect and promote land values and to generally provide guidelines that will allow development of multi-family structures without detrimental effect upon the neighborhood in which they are located. B. Special Permit: Except as provided otherwise in this By-Law no multi-family structure shall be USED, CONVERTED, CONSTRUCTED OR RECONSTRUCTED without the issuance of a Special Permit from the Planning Board. STM 10/27/08 C. Special Permit Requirements: Application for special permits for multi-family structures shall be on such forms or in such manner as the special permit granting authority may specify and in accordance with its rules and regulations and shall be submitted together with all required exhibits and site plans. The plans shall include, but not be limited to pertinent information in regard to the following: lot boundaries, names of abutting owners, streets contiguous to the site, vegetation, existing and proposed roadways, existing and proposed buildings, location of sources of water, sewage disposal, parking, ponds, wetlands, known permanent monuments and other cross-sections, profiles and contour maps required to describe the proposal. These plans shall be prepared by a registered engineer. The site plan shall show existing, intermediate and final ground levels with those of adjacent properties and shall indicate natural surface water flows and drainage ditches, if any. The special permit granting authority shall determine that the proposal generally conforms to the principles of good engineering, sound planning and correct land use and that the applicant has the means to implement the proposal if a special permit is granted. Applicants may be required, as a condition to special permit, to guarantee that all conditions and featur land use and that the applicant has the means to implement the proposal if a special permit is granted. Applicants may be required, as a condition to special permit, to guarantee that all conditions and features of the plan are completed by posting a suitable bond or deed covenant. No special permit for the construction of multi-family structures shall be granted unless the special permit granting authority finds the proposal is not contrary to the best public interest of the inhabitants of the Town of Freetown and conforms to the specific requirements as outlined in the following regulations. Once the plans are formally accepted for consideration by the special permit granting authority they will be accepted or rejected within 120 days. Copies of the plan will be referred to the following Boards or individuals within fourteen days for their review and input: Conservation Commission Board of Health Building Inspector/Zoning Enforcement Officer Chief of Police Fire Chief Water Commission Board of Selectmen/ Town Administrator Sewer Commission Highway Department/Public Works Department/Highway Surveyor Comments from these officials must be received by the special permit granting authority within thirty (30) days of the plans' distribution or else the special permit granting authority will assume their acceptance of the plan. Failure of any of these town officials to report on the proposal does not in any way exempt the applicant from compliance with the rules and regulations administered by those boards or individual officials. A public hearing will be held after the time allowed for review by town officials and before a vote relative to approval of the plan. Publication and notices to abutters of the public hearing and costs of conducting the hearing will be borne by the applicant. STM 10/27/08 D. Density: a. The minimum lot area requirement for each apartment building shall be 70,000 square feet for the first unit and 40,000 square permit within a Village should meet the following performance standards: a. Design guidelines: The design guidelines listed in Section 11.18.E.1.a, paragraph 2 have been met to the greatest extent feasible. b. Nuisance: The proposed use(s) will not create a noise, dust, odor or vibration nuisance to abutting properties. c. Parking: The number of parking spaces to be provided shall be as noted in Section 4, Off Street Parking and Loading requirements of the Rules and Regulations of the Planning Board as Special Permit Granting Authority. d. Pedestrian access: Provision for safe and convenient pedestrian access shall be incorporated into plans for new construction and redevelopment of buildings and parking areas. New construction should improve pedestrian access to building, sidewalks and parking areas and should be completed with considerations of pedestrian safety, handicapped access and visual quality. e. Landscaping: 1. A landscaped buffer strip may be required adjacent to adjoining residential uses. This buffer strip shall be planted with a combination of grass, appropriate shrubs and shade trees. 2. Exposed storage areas, machinery, garbage ""dumpsters,"" service areas, truck loading areas, utility buildings and structures shall be screened from the view of abutting properties and streets using plantings, fences and other methods compatible with the goals of this regulation. General performance standards for special permits are found in the Rules and Regulations of the Planning Board as Special Permit Granting Authority. Approval criteria for issuing special permits are found in sub-section H of this zoning bylaw. G. District Regulation: STM 10/27/08 1) Existing Uses and Non-Conforming Uses: The lawful use of any structure or land existing at the enactment or subsequent amendment of this By-Law may be continued although such structure or use does not conform to the provisions of this By-Law, subject, however, to the following exceptions: a.) anting Authority shall have the power to impose reasonable conditions and modifications, including limitations of time and use, as a condition of a Special Permit, and may secure compliance of performance by requiring the posting of a bond or other safeguards. Such conditions shall be imposed in writing and the applicant may be required to post a bond or other surety for compliance with said conditions in an amount satisfactory to the SPGA. 1) Application: Application for Special Permits shall be on such forms or in such manner as the Special Permit Granting Authority may specify and in accordance with its Rules and Regulations, and shall be submitted together with all required exhibits and site plans. 2) Special Permits -Table of Use Regulations: All applications for Special Permits from the Planning Board shall be subject to the procedural requirements established by that Board. Special Permits shall only be issued for uses which are in harmony with the general purpose and intent of this By-Law and subject to its general or specific provisions and only if the Special Permit Granting Authority finds that the following conditions are met: a.) The use is not noxious, harmful or hazardous, is socially and economically desirable and will meet an existing or potential need. b.) The advantages of the proposed use outweigh any detrimental effects, and such detrimental effects on the neighborhood and the environment will not be greater than could be expected from development which could occur if the Special Permit were denied. c.) The applicant has no reasonable alternative available to accomplish this purpose in a manner more compatible with the character of the immediate neighborhood. d.) The design and layout of the proposal assures the protection of adjoining premises against detrimental or offensive uses on the site, including compliance with all dimensional requirements set forth in this bylaw and provisions of adequate landscaping, including the screening of adjacent residential uses, this includes provision of street trees, landscape islands in the parking lots and a landscaped buffer along within five hundred feet of each other: Special permits for Adult Entertainment Establishments may not be located within Five Hundred (500) feet of each other and of any residential zone, single or multiple dwelling, church, park, school, day care facility, or any establishment licensed under the provisions of M.G.L. Chapter 138, §12. b.) Shall not be granted to persons convicted of violating provisions: Special permits for Adult Entertainment Establishments shall not be granted to any person convicted of violating the provisions of M.G.L. Chapter 119, § 63 or Chapter 272, § 28. c.) Issued after a public hearing: Special permits for Adult Entertainment Establishments shall only be issued following public hearings held within 65 days after filing an applications with the Special Permit Granting Authority, a copy of which the applicant shall give to the Town Clerk simultaneously. d.) Shall lapse within one year: A Special permit for Adult Entertainment Establishments shall lapse within one year, including the time required to pursue or await the determination of an appeal filed pursuant to M.G.L. Chapter 40A§ 17, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause. e.) Existing Adult Entertainment Establishments: Any existing Adult Entertainment Establishments shall apply for such permit within ninety days following the adoption of said zoning by-law or by-law by a municipality. 4. COMPLIANCE: a) No building permit shall be issued by the Building Department for any development subject to this section and no construction or installation of utilities or infrastructure shall be started, until a decision of the SPGA approving the plan has been filed with the Town Clerk. b) An as-built plan, as specified under the Rules and Regulations of the Planning Board Governing the Subdivision of Land, certified by a registered professional land surveyor and/or engineer shall be submitted to the SPGA and Building Inspector before the issuance of an occupan Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by special permit? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know" "[INST] Context: be allowed. (k) The proposed use is determined to be in harmony with the intent and purpose of the Zoning By-Law. 2. In order to encourage the development of housing units for disabled and handicapped individuals and persons with limited mobility, the SPGA may allow reasonable deviation from the stated conditions where necessary to install features that facilitate access and mobility for disabled persons. 3. Approval for an ADU requires that the owner must occupy one of the dwelling units. The zoning approval and the notarized letters required in 5.2.6.4 (4) & (5) below must be recorded in the Middlesex South County Registry of Deeds or Land Court, as appropriate, in the chain of title to the property, with documentation of the recording provided to the Building Commissioner, prior to the occupancy of the accessory dwelling unit. 4. Prior to issuance of a special permit, the owner(s) must furnish an affidavit, sworn under the pains and penalties of perjury, stating that the owner will occupy one of the dwelling units on the premises as the owner's primary residence, except for bona fide temporary absences. 5. When a structure, which has received a special permit for an accessory dwelling unit, is sold, the new owner(s), if they wish to continue to exercise the Special Permit, must, within thirty (30) days of the purchase, submit a notarized letter to the Building Commissioner stating that they will occupy one of the dwelling units on the premises as their primary residence, except for bona fide temporary absences. 6. Prior to issuance of a special permit, a floor plan must be submitted showing the proposed interior and exterior changes to the building. 5.2.6.5 Administration and Enforcement 1. It shall be the duty of the Building Commissioner as Zoning Enforcement Officer to administer and enforce the provisions of this Bylaw. 2. No building shall be changed in use or configuration, until the Building Commissioner has issued a permit. No permit shall be issued until a sewage disposal works permit, when app , safety precautions and surfacing material. d) A topographical map, if required. e)There shall also be shown on said chart additional information, if any, necessary for the Planning Board to determine compliance with this Bylaw. 5.2.5 Additional Uses Allowed By Special Permit in the Mobile Home SB-2 District subject to the following conditions: 5.2.5.1 Mobile Home Parks, provided that a)Mobile homes shall each be located on a lot with a minimum area of five thousand (5,000) square feet. b) Each individual mobile home lot shall have a minimum frontage of fifty (50) feet measured either at the front lot line or at the set back line. c) No mobile home or part thereof shall be erected or altered to within thirty (30) feet of the front lot line, except on a corner lot and in such case no mobile home or part thereof shall be erected or altered to within fifteen (15) feet of the front lot line nor within ten (10) feet from the interior lot line having the greatest dimension. d) No mobile home or part thereof shall be erected or altered to within ten (10) feet of the rear lot line. e) No mobile home or part thereof shall be erected or altered to within ten (10) feet of the side lot line. f)No mobile home shall have a floor area of less than three hundred fifty (350) square feet. 5.2.6 Accessory Dwelling Units 5.2.6.1 Purpose and Intent: The intent of allowing accessory dwelling units is to: 1. Preserve the residential character of a neighborhood. 2. Add moderately priced rental units to the housing stock to meet the needs of smaller households and make housing units available to moderate income households who might otherwise have difficulty finding housing; 3. Develop housing units in single-family neighborhoods that are appropriate for households at a variety of stages in their life cycle; 4. Provide housing units for persons with disabilities; 5.2.6.2 Definitions: 1. ACCESSORY DWELLING UNIT (ADU) : A self-contained housing uni han four (4) residential lots 5) MODERATE INCOME HOUSEHOLD These households shall be defined as those in the ""Low Income"" affordability range as published annually by the Department of Housing and Urban Development (HUD). 6) SOFT STORMWATER MANAGEMENT TECHNIQUES Non-structural stormwater management techniques that use passive surface pre-treatment of stormwater in conjunction with decentralized recharge to achieve a low-impact design that attempts to mimic pre-development hydrologic conditions to the greatest practicable extent. 5.6.2 Applicability 1) Any Major Residential Development may be permitted by issuance of a Special Permit from the Planning Board for OSRD in accordance with this bylaw. 2) Developments of 4 lots or smaller may also apply for an ORSD Special Permit subject to the following criteria: a) Contiguous Parcels. To be eligible for consideration as an OSRD, the tract shall consist of a parcel or set of contiguous parcels. The Planning Board may determine that two or more parcels separated by a road or other man-made feature are ""contiguous"" for the purpose of this section, if they will serve as a singular resource and effectively satisfy the Purpose and Intent of this bylaw as listed in Section 5.6.1. b) Land Division. To be eligible for consideration as an OSRD, the tract may be a subdivision or a division of land pursuant to G.L. c. 41, § 81P provided, however, an OSRD may also be permitted when the property is held in condominium, cooperative ownership or other form where the property is not subdivided. 5.6.3 Pre-application 1) Conference. The applicant is very strongly encouraged to request a pre-application review at a regular business meeting of the Planning Board. If one is requested, the Planning Board shall invite the Conservation Commission, Board of Health, Department of Public Works, Fire Chief, Police Chief and Building Commissioner. The purpose of a pre-application review is to minimize the applicant's costs of engineering a ation to what is occurring on adjacent properties. b) Existing Conditions/Site Analysis Map. This map familiarizes officials with existing conditions on the property. Based upon existing data sources and field inspections, this base map shall locate and describe noteworthy resources that could be protected through sensitive subdivision layouts. These resources shall include wetlands, riverfront areas, floodplains and steep slopes, but may also include mature nondegraded woodlands, hedgerows, farmland, unique or special wildlife habitats, historic or cultural features (such as old structures or stone walls), unusual geologic formations and scenic views into and out from the property. Where appropriate, photographs of these resources should accompany the map. By overlaying this plan onto a development plan, the parties involved can clearly see where conservation priorities and desired development overlap/conflict. c) Other Information. In addition, applicants are encouraged to submit the information set forth in 5.6.5(1) in a form acceptable to the Planning Board. 3) Site Visit. Applicants are encouraged to request a site visit by the Planning Board and/or its Agents in order to facilitate pre-application review of the Special Permit. If one is requested, the Planning Board shall invite the Conservation Commission, Board of Health, Department of Public Works, Fire Chief, Police Chief and Building Commissioner. 4) Design Criteria. The design process and criteria set forth below in Sections 5.6.6 and 5.6.7 should be discussed by the parties at the pre-application conference and site visit. 5.6.4 OSRD Application for Special Permit The Planning Board, acting as the Special Permit Granting Authority (SPGA), may authorize an OSRD Special Permit pursuant to the procedures outlined below. 1) Application. An application for the Special Permit shall be submitted on the form(s) provided by the Planning Board as most recently amended. Applicants for OSRD shall also file with the Planning Bo rements and related requirements of such district. b) Multiple dwellings, subject to the following conditions and requirements: 1) The lot of land shall have a total area based on a minimum land area requirement of six thousand (6000) square feet for each dwelling unit to be located on the lot. The maximum coverage of the lot by all buildings and structures shall be twenty (20%) percent of the total lot area and the minimum landscaped area shall not be less than twenty-five (25%) percent of the lot area. 2) No entrance to a building shall be further than one hundred (100) feet from an access street or an access drive, or further than two hundred and fifty (250) feet from an off street parking area. 3) The maximum height of building shall be forty (40) feet. 4) No portion of any enclosing wall of any building and no portion of any permissible structure shall be nearer to the street line of an existing public or private way than fifty (50) feet nor nearer the side lot line than thirty (30) feet nor nearer the rear lot line than thirty (30) feet. 5) No building in a group shall be closer to any other building on the lot or adjacent lot than a distance of fifty (50) feet. 6) There shall be provided a permanent off-street parking area, indoors and/or outdoors sufficient in size to allow two and one-half (2.5) parking spaces for each dwelling unit to be accommodated. 7)There shall be submitted a plan to the Planning Board for approval before a building permit shall be issued of the proposed parking facilities on which shall be shown the design of the proposed project and a chart showing: a) Area of lot. b) Area of buildings. c) Number of parking spaces to be provided, and their proposed layout including access, circulation and maneuvering space, safety precautions and surfacing material. d) A topographical map, if required. e)There shall also be shown on said chart additional information, if any, necessary for the Planning Board to de Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by special permit? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: or both, than normally required. For this purpose, a cluster development is a division of not less than five (5) acres of land into lots used, or available for use as building sites, where said lots are clustered together and where there is provision of open space in common or public ownership. The planning board shall be the special permit granting authority for the cluster permit (b) Purpose: The purposes of this provision of the ordinance allowing cluster developments are as follows: (1) To promote efficient subdivision of land, in harmony with its natural features and with minimal excavation and earth removal activities. (2) To preserve in their unaltered state unique or unusual natural features of the land to be developed especially where such features are not afforded protection under some other local, state or federal regulation or private deed restriction. Such natural features include but are not limited to: Science vistas and scenic road views; woodlands and site vegetation, especially where such natural vegetative cover serves to buffer new developments from established neighborhoods; slopes over fifteen (15) percent and rock outcroppings; natural drainageways, stream banks, wetlands, and floodplains; aquifer recharge areas for public or private water supplies; wildlife habitat and vegetation, especially of rare or endangered species. (3) To provide suitable open space and facilities for active or passive recreation. (4) To provide open space as a buffer, where desirable and appropriate, between new developments and established neighboring uses. (5) To promote affordable housing in the city. (c) Minimum requirements: Such a cluster development containing lots with less than the minimum area or frontage or both may be permitted provided that: (1) Maximum number of lots in a cluster development shall be determined by taking total land area of the subdivision, exclusive of existing and proposed roads and other land areas not available to the developer for building because of local, state, or federal t a scale of not less than forty (40) feet to an inch and shall include as necessary or applicable for each special permit use the following: (a) The extent of the site with all lot lines identified by metes and bounds; (b) Names of owners and abutters as shown on most recent real estate tax list (c) Sizes and locations of existing and proposed structures and any adjacent structures within fifty (50) feet of the site and including proposed structures and any adjacent structures within fifty (50) feet of the site and including proposed type of construction and proposed building materials; (d) Existing and proposed contours at two-foot intervals; (e) Number and location of proposed parking spaces; (f) Sizes and locations of water, sewerage and drainage systems; (g) Driveways and vehicular circulation providing access to and egress from the site; (h) Walks and recreation, open space and conservation areas; (i) Land uses, both existing and proposed; (j) Landscaping and site development details including walls, fences, outdoor lighting and ground surface materials; (k) Bounding streets and any unused or unique natural features of public areas in the immediate vicinity; and (l) If an applicant or predecessor in title has previously filed a site plan with the permit granting authority regarding the subject parcel of land and/or building and use, no additional site plan shall be filed in the event the application refers only to a change in use. (Ord. of 5-104, §§ 19-21) 4.4.3 Reserved. 4.4.4 Cluster development requirements. (a) Definition: Single detached one-family dwellings may be constructed on certain lots in a cluster development in the following zones: R 1, R 1A, R 113, R 2, R-3, and R-4 as hereinafter defined and limited, although such lots have less area or frontage, or both, than normally required. For this purpose, a cluster development is a division of not less than five (5) acres of land into lots used, or available for use as building sites, where said lots are cluste age, public access, quality and other pertinent site characteristics. (5) The need for preservation of open space for scenic value shall be determined by the special permit granting authority based on its knowledge of the site of the proposed cluster development and comments received by the authority during the plan review and public hearing process. The suitability of common land intended for scenic value shall be determined by the following criteria a. Its visibility from a significant number of buildings or length of private or public streets; or b. The vistas such common land affords of significant or unusual: 1. Landforms, 2. City scopes, 3. Historical sites, or 4. Buildings. The special permit granting authority may impose restrictive covenants protecting such scenic areas or allowing access to such areas. (6) The need for provisions of common land to act as an open space buffer, insulating existing developments from the cluster development shall be determined by the special permit granting authority based on the purposes of this ordinance and upon its knowledge of the site and comments received during the plan review and public hearing process. The suitability of common land intended for such buffers shall be determined by the special permit granting authority based on its consideration of a variety of factors, including: a. The viewing distance and slope between the new buildings of the proposed cluster and the existing buildings of abutting properties; and b. The width and quality o f intervening buffer land; and c. The height of post development trees, shrubs, fences or other man-made screens all as proposed by the developer or as may be required by the special permit granting authority. (e) Application requirements: Applications for special permits for clusters shall include, in addition to all the data listed as (a) through (1) and information required under section 4.4.2, the following: (1) Wetland areas; (2) Lands included in the wetlands /floodplain conservancy district as defined in 4.4.3 of this ordi nt can be built. (f) [Permit, authorization.] A special permit for a cluster development issued hereunder by the special permit granting authority is an authorization for the use of lots which have less than the normal minimum area or frontage or both. (Ord. of 5-10-84, § 24; Ord. of 8-25-88, § 1) 4.4.5 Public housing/low-moderate income requirements. (a) There shall be a minimum lot area of eight thousand (8,000) square feet for each public housing/low-moderate income site. (b) The minimum area of land required per dwelling unit in each of the districts of the city in which a special permit may be granted shall be as follows: Residence District,Land Area Required Per One or Two Bedroom Dwelling Unit,Land Area Required Per Three or More Bedroom Dwelling Unit Residence R-1,""4,500 square feet"",""5,250 square feet"" Residence R-1A,""4,500 square feet"",""5,250 square feet"" Residence R-2,""3,000 square feet"",""3,700 square feet"" Residence R-3,""3,000 square feet"",""3,700 square feet"" All other zoning districts are to be the same as Residence R-3. The bedroom distribution of a public housing/low-moderate income development shall be determined by the Peabody Housing Authority and shall be that which is most compatible with the surrounding neighborhood and best meets the needs of the city at that location. (c) There shall be a minimum street frontage of seventy-five (75) feet per development. (d) In residence, R1, R 1A, R 2, R 5 and PRD districts, the maximum lot coverage shall not exceed thirty-five (35) percent of the total land area. In residence R 3 and R4 and in Business Districts the maximum lot coverage shall not exceed fifty (50) percent of the total land area. (Ord. No. 10-11-84, § 11) (e) Not less than thirty (30) percent of the land area in a single development shall be free from structures, streets, parking areas, drives, walkways and other constructed approach or service areas and shall be attractively landscaped and maintained. The landscape requirements of section 6.5.5 (b) shall govern projects approved und . (7) All common land hereunder shall be held in common ownership by the owners of lots within the development. In the case of ownership by a separate legal entity, the developer shall include in the deed to the owners beneficial rights in said common land. Maintenance shall be the responsibility of the owners. A permanent conservation easement shall be conveyed to the City of Peabody prohibiting development of said common land and the erection thereof any structures other than for the noncommercial, recreational use of the residents of the cluster development All common or public open space land shall have adequate access to a public way. (d) Review criteria: In reviewing the application for a special permit for a cluster development, the special permit granting authority shall consider the following in its decision. (1) The extent to which the plan for the cluster development is consistent with the purposes of this section of the ordinance. (2) The extent to which unique or environmentally important features of the development site, especially those not afforded protection under some other local, state or federal regulation as set forth in subsection 4.4.4 (b) (2) of this ordinance, have been adequately described in the site plan submitted with the special permit application and have been incorporated, to the maximum extent feasible, as permanent open space of the cluster. (3) Individual lots, buildings, and streets are designed and situated to minimize alteration of the natural site features and the need for excavation, cut and fill, or other types of earth moving operations. (4) That the location and quantity of any portion of the common land intended for active or passive recreational uses, as those uses may be set forth by the special permit granting authority, is adequate in terms of size, topography, drainage, public access, quality and other pertinent site characteristics. (5) The need for preservation of open space for scenic value shall be determined by the special permit granting authority based on its Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by special permit? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: to approve any related plan for subdivision, nor reduce any time periods for Board consideration under the law. However, in order to facilitate processing, the Planning Board may, insofar as practical under existing law, accept a combined plan and application which shall satisfy both this section and the Board's regulations under the Subdivision Control Act. 7350. Conditions. Where a special permit for multifamily residential development is granted which is not subject to subdivision control, the Planning Board shall impose all or such part of its subdivision control requirements as it deems advisable as conditions upon its permit, including but not limited to the construction of roads and driveways, drainage facilities and other facilities and utilities, and shall require a bond or covenant in the manner prescribed in the subdivision regulations to secure performance of the entire plan for multifamily residential development as approved for special permit. 7400. TRAILERS 7410. General No person shall use or permit to be used for dwelling purposes within the town any trailer or similar mobile equipment, whether registered or unregistered, mobile or immobile, except that mobile trailers may be used for temporary dwelling purposes, provided that such use is licensed by the Selectmen, said license to be applied for by the occupant within three days after the unit is located in the town and with no license granted hereunder to be for a period exceeding six calendar months. 7420. Preexisting Trailers. The above restrictions shall not apply to trailers which are presently or are hereafter placed in any trailer park already in existence in the town or to any existing trailer presently being used for dwelling purposes, which trailers shall be subject to and limited by licenses, if any, presently in effect. 7421. Such trailers may be replaced by a trailer not more than 20% larger in volume than the lawfully preexisting trailer. 7500. REAR LOTS 7510. General In a Rural, Town Suburban or Recreational Residential District, a building and occupancy permit for one (1) single family dwelling unit may be issued notwithstanding the minimum frontage requirements set forth in Section 4000, subject to the site's perimeter, and may be in more than one (1) parcel, provided that the size, shape and location of such parcels are suitable for the designated uses. Contiguous shall be defined as being connected. Open space will still be considered connected if it is separated by a roadway or accessory amenity. Ownership and Management of the Open Space. The land set aside as common open land shall be owned and/or managed by one (1) of the following arrangements, as shall be determined by the Planning Board: Conveyed to an association, corporation or trust owned or to be owned by the owners of lots within the development. If such association is utilized, ownership thereof shall pass with conveyances of the lots in perpetuity. Conveyed to the town, at no cost, and accepted by it for park or open space use. Such conveyance shall be at the option of the town and shall require the acceptance of the land by the Conservation Commission and the approval of the Board of Selectmen. Conveyed to a nonprofit organization, the principal purpose of which is the conservation or preservation of open space. In any case where such land is not conveyed to the town, a conservation restriction, enforceable by the town under MGL Ch. 184, Sections 31-33, shall be required ensuring that such land shall be kept in an open or natural state and not be built upon for residential use or developed for uses such as parking or roadways. Such restrictions shall further provide for maintenance for the common land in a manner which will ensure its suitability for its function, the appearance, cleanliness, proper maintenance of drainage utilities and the like, and empower the town to perform maintenance in the event of failure to comply with the program, and including a provision that the owners of lots or units within the cluster development shall pay the cost thereof and that the cost shall constitute a lien upon their properties until said cost has been paid. This restriction shall be recorded within sixty (60) days of the granting of the special perm parking is shown and the standards for a special permit are met, provided that the floor area of the resulting building is no greater than it would be if there were no special permit. 4220. Minimum Lot Width in Residential Districts. The minimum width of any lot in a residential district between the dwelling and the lot frontage shall be no less than forty (40) feet. 4230. Lot Shape The following rules apply to lot shape: 4231. In all residential districts, the required minimum lot frontage shall be maintained into the lot at least as far back as the required minimum front yard for the applicable district. 4232. If the width of a lot narrows to less than fifty percent (50%) of the width of the frontage within the first one hundred fifty (150) feet of the lot depth, the dimensional controls for a rear lot as set forth in Section 7500 shall apply. 4233. At no point shall the lot width measure less than forty (40) feet. 4234. The shape of all lots shall conform to the following requirement: 1. 16A > 0.4 2. P2 3. Where: 4. A = the lot area in square feet 5. P = the lot perimeter in feet. 4235. This formula may be applied to a lot which conforms to all requirements of Section 4000, including, but not limited to frontage, lot area, a minimum of 30,000 contiguous square feet of land exclusive of wetland and flood hazard areas and, when applicable, any requirements of Section 8100. 4240. Residential Use in Commercial or Industrial District A residential use hereafter located in a commercial or industrial district shall conform to the dimensional requirements of the nearest residential district except dwelling units above the first floor as allowed in the Commercial District. 4250. Special Permit; Eminent Domain. Where an action in eminent domain results in a lawfully preexisting building lot being rendered nonconforming, the Board of Appeals may grant a special permit to allow such lot may be built upon thereafter, provided that such lot has 100 feet of remaining frontage and a minimum area of 10,000 square feet. 4300. SPECIAL PERMIT TO VARY HEIGHT LIMITATIONS 4310. ither unit is owner-occupied. 3433. Not more than one accessory apartment may be established on a lot. The accessory apartment shall not exceed 800 sq. ft. in gross floor space and shall be located in the principal residential structure on the premises; 3434. The external appearance of the structure in which the accessory apartment is to be located shall not be significantly altered from the appearance of a single-family structure. 3435. Sufficient and appropriate space for at least one (1) additional parking space shall be constructed by the owner to serve the accessory apartment. Said parking space shall be constructed of materials consistent with the existing driveway and shall have vehicular access to the driveway. 3440. Decision. Special permits for an accessory apartment may be granted by the Board of Appeals upon a finding that the construction and occupancy of the apartment will not be detrimental to the neighborhood in which the lot is located and after consideration of the factors specified in Section 9300 of this Zoning Bylaw, governing special permits. 3500. NONCONFORMING USES AND STRUCTURES 3510. Applicability. This Zoning Bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which this Zoning Bylaw, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder. 3520. Nonconforming Uses. The Board of Appeals may issue a special permit to change a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Board of Appeals: 3521. Change or substan be governed by the procedures set forth for special permits in G.L. c. 40A, ss. 9 and 11. A public hearing shall be required. The decision of the Planning Board shall be upon a majority of those present and shall be in writing. No building permit or certificate of occupancy shall be issued by the Building Commissioner without the written approval of the site plan by the Planning Board, or unless 90 days lapse from the termination of the public hearing without action by the Planning Board. 9430. Coordination with Other Permits. 9431. Application for Building Permit. An application for a building permit to perform work as set forth herein available as of right shall be accompanied by an approved site plan. 9432. Application for Special Permit or Variance. An application for a special permit or a variance to perform work as set forth herein shall be accompanied by an approved site plan; in the alternative, any special permit or variance granted for work set forth herein shall contain the following condition: The work described herein requires the approval of a site plan by the Planning Board pursuant to Section 9400 of the Zoning Bylaw. Any conditions imposed in such site plan approval shall also be conditions of this special permit/variance. 9433. Where the Planning Board serves as the special permit granting authority for proposed work, it shall consolidate its site plan review and special permit procedures. 9434. The applicant may request, and the Planning Board may grant by majority vote, an extension of the time limits set forth herein. 9435. No deviation from an approved site plan shall be permitted without modification thereof. 9440. Pre-application Sketch Applicants are invited to submit a pre-application sketch of the proposed project to the Planning Board and to schedule a comment period at a regular meeting of the Planning Board. 9450. Submittal Requirements 9451. Minor Site Plans. Minor site plans may be required to contain all of the information required by this section; provid Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by special permit? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know" "[INST] Context: one or more groups separated from adjacent property and other groups within the development by intervening open land, unless deemed otherwise by the special permit granting authority. A.residential cluster development shall conform to the following conditions: 1. Contain a minimum tract size of ten (10) acres in the RA, RB and RC Districts, and five (5) acres in the RD District. 2. The number of dwelling units shall conform to the existing density allowed in the corresponding zoning district after subtracting the area which contains wetlands as delineated by Conservation Commission. 3. A minimum of 40% of the total land area of the development shall be dedicated as common open space; no more than 25% of the land required as common open may be wetlands as defined in MGL Ch. 131, Section 40, or waterbodies. 4. There shall be a minimum width of 50 feet of buffer area between attached cluster buildings, and a minimum width of 50 feet of buffer area between attached clusters and the abutting property lines or street. These buffer areas shall provide suitable landscaping to screen and cluster buildings from each other, abutters, and streets year round. C. Required Open Land 1. At least 40% of the tract (exclusive of land set aside for roads and parking-) shall be open land. At least 75% of the open land shall be suitable for passive or active recreations use, and shall not be wetlands or land subject to seasonal flooding. 2. The open land, and such other facilities as may be held in common, shall be conveyed to one of the following, as determined by the Planning Board, subject to the following guidelines. In general, valuable natural resource land, such as wetlands not suitable for any public use or suitable for extensive public recreational use, should be conveyed to the Town or to a trust: whereas land which will be principally used by the residents of the cluster should be conveyed to any of the following: a. To a corporation or trust comprising a home association whose membership includes the owners of of open space. The developer or charity shall grant a conservation restriction as set out in (a.) above. c. To the Town for park or open space use, subject to the approval of the Selectmen and Town Meeting, with a trust clause ensuring that it be maintained as open space. 3. Open space shall be restricted to recreational uses such as parks, playgrounds and conservation areas and shall not be built upon except as approved by the Planning Board. Only structures incidental for recreation, conservation or parks shall be allowed subject to approval by the Planning Board. These restrictions shall run with the deed in perpetuity. 4. All open space areas shall have dry access to the street suitable for use by maintenance and emergency vehicles. 5. The applicant shall submit a plan for maintenance of the open space area. 6. The applicant shall give evidence that a functional relationship exists between the open land and the proposed clusters. Such land shall be of such size, shape, dimension, character, and location as to assure its utility for park conservation or recreation purposes. E. Lot and Yard Requirements 1. Attached cluster units shall not exceed a total of four (4) units per building in the RA and RB districts and six (6) units per building in RC and RD districts. 2. These attached units, if designed as part of an association under single joint ownership, shall only meet the lot and yard requirements within this section. Density shall follow guidelines set forth in Section B.3 of this bylaw. 3. Detached cluster units shall conform to 2.6 except for the lot and yard requirements provided below: Minimum Lot Requirements,""RA, RB, RD"",RC Area (sq. ft.),""20,000"",N/A Width (ft.),80,N/A Frontage (ft.),80,N/A 4. No building shall exceed two (2) stories. F. Administrative Procedures The Planning Board, as the Special Permit Granting Authority (SPGA), shall adopt rules relative to the issuance of special permits and file a copy with the Town Clerk. The Planning Board shall no (11) Community Building: Within the SHD, there shall be a community building (s) and, recreational facilities, which shall be available to all residents and their guests. The size of the building is to be a minimum of 2,000 sq/ft. Use of the community building(s) or facilities is specifically limited by this by-law to uses that will service the residents within the SHD. All uses within the development shall be delineated as part of the Special Permit application and must be specifically approved by the Planning Board as an integral part of the Special Permit. (12) Business: Within-the SHD, no business of any kind is to be conducted unless specifically authorized by the Special Permit herein granted. (13) Other Facilities - All facilities for utility services, drainage, lighting and signage shall be in accordance with requirements established by the Planning Board, consistent with applicable provisions of the Zoning Bylaw and the regulations governing subdivisions, as the same may be waived or modified by the Planning Board to meet site conditions and design requirements. E. Special Permit Conditions (1) The Planning Board shall, as a Permit condition, require that all proposed condominium by-laws or SHD community regulations which may be relevant to the issuance of the permit, including but not limited to bylaw provisions prohibiting the presence of children residing in the SHD community and limiting or prohibiting the presence in the SHD community of boats, boat trailers, or recreational vehicles, be made a part of the Special Permit, and that any change to or failure to enforce said provisions shall be violation of said Special Permit. (2) The Planning Board may, as a Permit condition, require that the proposed SHD community be constructed entirely on one (1) lot, and that, from and after the date of the issuance of the building permit for said SHD community or any portion thereof, no subdivision of said lot shall be allowed without the express approval of the Planning Board; provided, however, that the recording of a condominium rovisions relating to operational standards and permit procedures shall apply. G. Performance Bond: The Board of Appeals shall require that a performance bond, of a surety company authorized to do business in the Commonwealth of Massachusetts, be posted, in an amount determined by the Board of Appeals, as sufficient to guarantee conformity with the provisions of any permit issued hereunder. Cash may be deposited with the Treasurer of the town, to be held by the town as surety, in an amount equal to the surety required, in place of a bond. Such bond, and/or cash, shall not be released until there is filed with the Board of Appeals a certification from a registered engineer and an approval from: the Planning Board and the Zoning Enforcement Officer (Building Inspector) that the site conditions at the completion of all work are in accordance with the requirements of the permit. (Amended STM 10/13/94) 2.13.0 Residential Cluster Development A. Statement of Purposes: A residential cluster development may be authorized by special permit in the Town of Plainville in order to achieve the following objectives: 1. Flexible and sensitive site design; 2. Promotion of measures to ensure compatibility of growth and sensitivity to the natural environment; 3. Enhancement of residential and community amenities by provision of open space; 4. Promotion of economical and efficient use of roads, water and sewer lines and other related infrastructure; 5. Promotion of diverse and energy-efficient housing at a variety of costs; and 6. Protection of water bodies and supplies, wetlands, floodplains, agricultural lands, wildlife, and other natural resources. B. Definition and Applicability: Residential cluster development means a residential development in which the buildings and accessory uses are clustered together into one or more groups separated from adjacent property and other groups within the development by intervening open land, unless deemed otherwise by the special permit granting authority. A.residential clus es of such club. Does not include golf clubs or sportsmen's clubs elsewhere defined, or clubs or organizations whose chief activity is a service customarily carried on as a business. CLUSTER DEVELOPMENT - An option which permits an applicant to build single family attached and detached units with reduced lot area and frontage requirements, so as to create a development in which the buildings and accessory uses are clustered together into one or more groups with adjacent common open land. (Amended at Annual Town Meeting, 1989.) CONTRACTOR'S YARD - Premises used by a building contractor or subcontractor for storage of equipment and supplies, fabrication of sub-assemblies, and parking of wheeled equipment. COVER - Naturally occurring vegetation: trees, shrubbery, and plant life. DEVELOPMENT - means any manmade change to improve or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. (Amended at Special Town Meeting, October, 1990) DISPOSAL - The deposit, injection, dumping, spilling, leaking, incineration or placing of any hazardous material into or on any land or water so that such hazardous material or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater. (Amended at Annual Town Meeting, 1989.) DWELLING - A building designed or used exclusively as the living quarters for one or more families. DWELLING, ATTACHED RESIDENTIAL CLUSTER - Two (2) or more attached dwelling units, each having individual entrances. (Amended at Annual Town Meeting, 1987.) DWELLING CONVERSION - Change in construction or occupancy of a dwelling to accommodate families in addition to the number by which it was previously occupied. Dwelling, Detached Residential Cluster - A dwelling unit having reduced yard, frontage, and area requirements and a provision for open space as conditions of a special permit. (Amended at Annu Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by special permit? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: for a mix of uses including commercial uses of a light intensity, clean operational nature, residential uses and compatible industrial uses. The special permit mechanism is provided to allow for a broader range of retail, service and other commercial uses. The special permit mechanism will also allow for establishment of heavier industries which would not be detrimental to the waterfront activities or other uses in the zone or to adjoining zones by reason of their location within the district, special site characteristics and safeguards or for other reasons which can best be determined on a case-by-case basis. The special environmental design conditions for certain uses are intended to insure proper emphasis on pedestrian environment and its separation from industrial traffic, adequate pedestrian links between proposed development and surrounding properties, and high standards of the planning and architectural design which are compatible with the existing surroundings. Consistent with the mixed use character of this district, all lots within this district greater than five acres in area which were existing prior to the effective date of this Zoning Bylaw and not devoted to single family residential use shall be subject to the following planning guidelines: not more than 50% of the total gross floor area of all structures existing from time to time on all lots within the district (taken in the aggregate) shall be devoted to retail uses, and not more than 30% of such total gross floor area shall be devoted to residential uses. B) Allowed Uses. 1) Light manufacturing processing, and assembly in enclosed buildings; 2) Tracking and freight terminals or depots; 3) Wholesaling, warehousing and distribution facilities; 4) Professional and other offices (including outpatient medical clinics and similar facilities), laboratories and research facilities: 5) Boat sales, service, rentals, ramps and docks; commercial sightseeing or ferrying; 6) Marine railways, repair yards, storage yards, marine supply outlets; 7) 3) Subsequent to the issuance by the Board of Appeals of a Special Permit for a P.I.J.D. Master Plan, special permits for phases thereunder shall be issued by the Board of Appeals, provided that such application for special permits for phases are consistent with the provisions of the Special Permit for the P.U.D, Master Plan and this Section 310. I) Modifications to Environmental Design Conditions. In a High Technology Planned Unit Development, the following modifications to Environmental Design Conditions shall apply: 1) Notwithstanding the provisions of Section 205.03(C)(1) and 205.03(C)(3), plans may be drawn to the scale of no greater than 1"" = 400' where practical and appropriate to the size of the proposal, and locus maps may be drawn to the scale of no greater than 1"" = 100,000'. 2) Notwithstanding the provisions of Section 205.03(C)(2), topography way be shown at no greater than five (5') foot contour intervals, and tree depiction and photograph sizes shall be as practical and appropriate to the size of the proposal. 3) Notwithstanding the provisions of Section 205.03(C)(4), plans submitted in connection with a Master Plan Special Permit shall contain a level of detail consistent with a master plan perspective, and shall not be required to indicate the precise location or contain all the elements otherwise required under Section 205.03(C)(4). The requirements of Section 205.03(C) (4) shall be met as a condition of issuance of a special permits for each phase of an approved P.U.D. Master Plan. J) Other Requirements. 1) Waivers with respect to dimensional and similar requirements in a P.U.D., or any other section of the Zoning Bylaw which may be incorporated by reference into this Section 310, may be authorized by the Board of Appeals in the special permit for the P.U.D. Master Plan and/or in the special permit for any phase of the P.U.D. upon a demonstration that the proposed waiver or modification is of high standards and that any departure from the general criteria will not violate the intent established in specified zones by special permit, provided that all proposed PUD'S shall comply with all requirements prescribed herein and with the standards of environmental design review. Table 3 prescribes type of PUD, minimum. size, maximum overall density, and minimum lot size allowed in each zone. Table 4 prescribes intensity of use and dimensional requirements Within the maximum density or intensity of use requirements, any combination of authorized uses may be permitted in accordance with other planning and design principles prescribed hereinafter. Where land falls in two or more zoning districts, overall density shall not exceed the total of densities allowed in each district, provided that portions of the development in different districts shall generally follow the respective intensity regulations intended for each district. In calculating intensity of use and allocation of open space, the following procedures shall be used: A) Non-residential land uses shall be subtracted from the total land area before calculating residential densities. B) Water areas or inaccessible wetland areas which are greater than one (1) acre in area or seventy-five (75) feet in least dimension shall be subtracted from the total land area before calculating densities, except that twenty-five (25) percent of such areas greater than one (1) acre but smaller than (10) acres may be counted as part of the common open space under ""D"". C) Roads shall be subtracted from total area in determining net densities. For preliminary and general planning purposes, roads may be estimated as fifteen (15) percent of total area. For definitive plans of areas, all lot sizes and densities of clusters as specified in Table 4 shall be net figures with rights-of-way for streets figured exactly. D) Areas which are considered by the Board of Appeals as marginal or unsuitable for bu ng plans. c. The general land area, number of buildings or units within buildings and approximate floor area ratio shall be specified for the total site, for all common land, and for each area devoted to a different type of building or use, as delineated on the plan. d. The general location, size, and intended use of all Common Open Space or Facilities and the firm or organization intended to own and/or maintain same. e. The general location and size of all proposed structures including a schedule of various land use types; the general location of all roads, pedestrian circulation systems, method of water supply, sewage disposal, public utilities, method of surface water drainage disposal. f. A schedule showing the generally proposed times within which applications for special permits subject to Environmental Design Conditions for various phases to be applied for, which schedule may be subject to variation depending on market forces. g. A written statement by the landowner setting forth the reasons why an Open Space Mixed Use Development would be in the public interest and consistent with the objectives of this Section. h. Draft legal documents, as required, to provide for Reserved Land and Common Open Space or Facilities. 3. Processing of Application for Special Permit for an Open Space Mixed Use Development Master Plan. Application shall be processed, heard and acted upon as with any other application for a special permit, subject to Environmental Design Conditions. When deemed necessary by the Planning Board, an independent consultant may be retained by the Town at the expense of the applicant to review the findings of any report or submissions made hereunder. 4. Special Permit for an Open Space Mixed Use Development Master Plan. The Board may include, as a condition of the permit, the schedule of applications for special permit subject to Environmental Design Conditions for phases and any additional drawings, specifications and form of performance bond that shall accompany such. applications. The applicant shall, within twenty (20) days a nd in perpetuity. Said instrument shall prohibit change of the use of such space to any use not in keeping with the Common Open Space or Facilities requirements without the approval of the Planning Board. The covenant may be recorded in phases, so that all times 70% of the portion of the Open Space Mixed Use Development area then being developed (which may consist of all or a portion of the area subject to a special permit for phases of development) shall be made subject to such covenant. The covenant may provide that land may be released from the restrictions of the covenant by an instrument executed by the owner and recorded, provided that not less than an equivalent area of land is made subject to the covenant and substituted therefor. I) NON-RESIDENTIAL USES 1. General Conditions. Non-residential uses may be specifically authorized under the Special Permit in the Open Space Mixed Use Development. Inadequate relation of such uses to the overall plan of the development, incompatibility among adjacent uses, or insufficient buffer areas shall be sufficient ground to deny any such use. Plans and other documents for non-residential uses should be submitted as an integral part of those submitted for the Open Space Mixed Use Development Master Plan Special Permit. 2. Public and Quasi-Public. Day care centers, public parks and community recreation centers, buildings and uses and utilities as allowed by special permit under Part IV or Section 309 may be permitted uses in Open Space Mixed Use Developments, subject to the prescribed standards and reasonable conditions required by the Planning Board under the procedures for the Open Space Mixed Use Development. 3. Agricultural Uses Agricultural uses such as the creation and maintenance of cranberry bogs, ponds, ditches, and irrigation systems for cranberry culture which require the removal of sands and gravel within the Aquifer Protection Overlay District (Section 401.17) shall be allowed within an Open Space Mixed Use Development District only by Special Permit issued by the Special Permit Granting Au Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by special permit? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: structures associated with the residences in the Planned Unit Development. Common recreation areas shall be delineated on plans submitted to the Planning Board for review with the size of the area noted. Provisions for delineating this area in the finished development, method of delineation subject to Planning Board approval, shall be made by the developer. Common recreation areas shall be developed with either active or passive recreational facilities or both. No facility in which the residents of the planned unit development are excluded by outside or private membership shall qualify for the purposes of the requirements herein. § 415-52. Open space. A. Each planned unit development shall develop and maintain the following required open space: One square foot of open space for each one square foot of total gross floor area of the planned unit development, but in no event shall less than 35% of the gross land area of the planned unit development be open space. B. Computation. (1) Any required open space may include common recreation areas and required buffer areas for computation purposes. (2) In no case shall more than 30% of the required open space consist of areas defined as wetlands by the Massachusetts Wetlands Protection Act. (3) For purposes of determining the total number of allowable dwelling units, the applicant must submit a ""grid"" subdivision plan to the Planning Board which complies with the plan regulations set out in the Rules and Regulations Governing the Subdivision of Land. C. Modification. The Special Permit Granting Authority, at its discretion, shall have the right to reduce the required minimum area of open space if all of the following conditions are met: (1) If one or more tracts, parcels or lots are required to be dedicated for public use or public purpose including, but not limited to, schools, fire stations, police facilities, libraries, or other similar municipal uses, but not including utility, sewer or stormwater drainage easements; water or sewer improvements, fied within this bylaw which shall only be permitted upon issuance of a special permit. Special permits may be issued only for uses which are in harmony with the general purpose and intent of the bylaw, and shall be subject to the specific provisions established herein. Such permits may also impose conditions, safeguards, and limitations on time or use. B. Granting authority. (1) The Zoning Board of Appeals is designated as the granting authority for special permits as required under Article IV, Schedule of Permitted Uses, Uses Requiring Special Permit (except for Planned Unit Developments), § 415-22E, Land alteration regulations, and § 415-38, Shopping centers. Special permits may be granted upon application to the Zoning Board of Appeals and after consideration of recommendations as appropriate from other Town Boards and Agencies. (2) The Planning Board is designated as the Special Permit Granting Authority for Special Permits as required under Article VII, Planned Unit Developments, and Article IX, Planned Residential Development for Seniors, and as the reviewing authority for action under Article VIII, Site Plan Review. (3) The Special Permit Granting Authority shall adopt and from time to time amend rules relative to the issuance of such permits, and shall file a copy of said rules in the office of the Town Clerk. (4) There shall be one associate member of the Planning Board, who shall be eligible to participate solely in matters in which the Planning Board is acting as the Special Permit Granting Authority, in accordance with MGL c. 40A, § 9. The chairman of the Planning Board may designate the associate member to sit on the Planning Board for the purposes of acting on a special permit application, in the case of absence, inability to act, or conflict of interest, on the part of any member of the Planning Board or in the event of a vacancy on the Planning Board. The associate member shall be appointed for a two-year term by the Board of Selectmen, in accordance with § C-2.02K of the Town Charter and § 139-2E of the Town Bylaws. [Added 5-5-2008 ATM, Art. 68] C. In considering each application for a special permit, the granting authority shall: (1) Conduct a public Hearing held within SCHEDULE OF PERMITTED USES § 415-8. R-1 Residence Zoning District. A. Permitted principal uses: (1) Single-family residences. (2) Agricultural uses, not including retail sales. (3) Churches or other houses of worship. (4) Schools. (5) Cemeteries. (6) Public parks. B. Accessory uses: (1) Home occupations as permitted according to this bylaw. (2) Other uses customarily accessory to permitted principal uses. C. Uses requiring special permit: (1) Retail sales of produce raised on premises. (2) Hospitals and medical/dental clinics. (3) Essential municipal facilities. (4) Country/private clubs. (5) Nursing/resting homes. (6) Planned unit developments. (7) Residential Commercial Care Facilities. (8) Municipal Facilities, including: police stations, fire stations, libraries, and municipal office. [Added 5-20-1996 ATM, Art. 45] § 415-9. R-2 Residence Zoning District. A. Permitted principal uses: (1) Single-family residences. (2) Two-family residences. (3) Churches or other houses of worship. (4) Schools. (5) Cemeteries. (6) Public parks. B. Accessory uses: (1) Home occupations as permitted according to this bylaw. (2) Other uses customarily accessory to permitted principal uses. C. Uses requiring special permit: (1) Riding stables. (2) Hospitals and medical/dental clinics. (3) Essential public utility facilities. (4) Country/private clubs. (5) Nursing/resting homes. (6) Nursery for flowers and/or plants of five acres or less in size. (7) Planned unit developments. (8) Residential Commercial Care Facilities. (9) Municipal Facilities, including: police stations, fire stations, libraries and municipal offices. [Added 5-20-1996 ATM, Art. 45] § 415-10. R-3 Residence Zoning District. A. Permitted principal uses: (1) Single-family residence. (2) Two-family residence. (3) Churches and other houses of worship. (4) Schools. (5) Cemeteries. (6) Public parks. B. Accessory uses: (1) Home occupations as permitted according to this bylaw. (2) Other uses customarily accessory to permitted principal uses. C. Uses requiring spec asements: water or sewer improvements, roadways, or any other recreational facilities or other similar dedication required by these guidelines. (2) If the area of open space shall not be less than thirty (30) percent of the total area of the Planned Unit Development. (3) If the total reduction in said open space shall not be greater than one (1) acre or part thereof in open space for every one (1) acre or part thereof of lands required for public use or public purpose dedication. 9. Circulation and Off-Street Parking Requirements In a Planned Unit Development, off-street parking facilities shall be provided in accordance with the following requirements: a. Size of Parking Stalls Each off-street parking space shall have an area of not less than 200 square feet, exclusive of access drives or aisles; shall measure 10 feet in width by 20 feet in length; and shall be surfaced so as to be usable for parking. Except in the case of one and two-family dwellings, no parking area shall be established with less than 3 spaces. b. Number of Parking Spaces Required The number of off-street parking spaces required shall be as set forth in Section V.C. of the Zoning By-Law. c. Access There shall be adequate provision for ingress and egress to all parking spaces. Access drive or driveways shall be no less than twelve (12) feet wide for ingress or egress and twenty-four (24) feet wide for both ingress and egress except that for single or two-family dwellings access drive or driveways shall be not less than ten (10) feet wide for both ingress and egress and may be utilized for part or all of the parking area requirements. No driveway or access drive shall be closer than fifty (50) feet to the point of intersection of the street lot-lines of any two intersecting streets. d. Size of Aisles and Driveways The width of all aisles or driveways providing direct access to individual parking stalls shall be in accordance with the following requirements: Parkin plication for special permit for the accessory apartment and the owner/applicant shall continue to reside in the main dwelling throughout the duration of the Special Permit. C. Only one accessory apartment shall be permitted per single family house. D. Other than handicapped access, no exterior alteration can change the appearance of the dwelling as a single family home. E. Any additional parking areas shall be accessed by the driveway serving the main dwelling. F. The accessory apartment shall contain a minimum of 400 square feet and a maximum of 650 square feet of dwelling area: The accessory apartment shall be located only within the existing habitable structure, or within an addition to the existing habitable structure, subject to the provisions of Subsection I. [Amended 5-14-2001 ATM, Art. 48] G. All Board of Health and Building Code criteria must be met. H. The occupants of the accessory apartment must be related to the owner/occupant of the main dwelling as either mother, father, stepmother, stepfather, child, stepchild, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild. The owner/occupant shall state the name(s) of the proposed tenants and their relationship on the application for Special Permit. I. Any increase in size of the main dwelling unit shall be limited to 5% of the existing habitable living space of that dwelling and shall meet all zoning requirements. J. The Special Permit shall terminate upon any of the following events: (1) Sale of the premises. (2) Residence by a person not named in the Special Permit, except residence of the new born child, adopted child, or a person caring for the tenant such as a nurse, nurse's aide or other health care worker or caretaker. (3) Residence by a boarder or lodger in either the main house or accessory apartment. (4) The death of a single tenant named as the sole tenant on the application for a Special Permit. K. Upon the termination of the Special Permit, the residence sha Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by special permit? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: ighborhood; (h) the impact of the proposed use on adjacent properties and the neighborhood; and (i) any other criteria specified by other sections of this Bylaw, applicable to the proposed use. 7.8.2.2 The provisions of section 7.8.2.1 shall not apply to special permits issued under sections 4.11.4.3, 6.1.1.2(b), 6.6, 8.6.5, and 8.8.3. 7.8.2.3 The SPGA may impose such conditions on the special permit as it deems necessary to protect the Town, the public, or other properties in the area from detrimental impact. The conditions that may be imposed include, but are not limited to, conditions relating to noise, traffic control, dust control, sanitation, number of occupants, hours of operation, deliveries, water quality testing and monitoring, police details, and performance bonds. 7.8.3 Miscellaneous Provisions 7.8.3.1 The SPGA shall issue special permits in accordance with M.G.L., Ch. 40A, § 9. In deciding whether to issue a special permit, the SPGA shall consider any comments or recommendations submitted by other town departments, boards, or commissions. 7.8.3.2 The SPGA may, after notice and hearing, adopt rules and regulations specifying the content and number of required plans, application procedures, filing and review fees, design and development standards, and other general requirements to be applied with respect to the proposed use. 7.8.3.3 The Board of Selectmen may appoint a resident of the Town to serve as an associate member of the Planning Board for a two-year term. The Chairperson of the Planning Board may appoint the associate member to act on special permit applications, in the case of absence, inability to act, or conflict of interest, on the part of a regular member of the Planning Board, or in the event of a vacancy on the Board. 7.8.3.4 Any special permit granted under the provisions of this Bylaw shall lapse within a period of two years from the grant hereof, if a substantial use thereof has not sooner commenced or, in the case of a permit for construction, if construction has not begun by such date, except for good cause shown, and provided further that such two-year period shall not include the time required to pursue or await the determination of a e area of the Floodplain District that is used to satisfy the minimum lot area and yard requirements in the underlying zoning district in which the remainder of the lot is located shall not exceed twenty-five percent (25%) of the lot area; and (i) any proposed development that (1) would be located entirely or partially within the Floodplain District, (2) that would involve a Subdivision of Land, and (3) that would satisfy the eligibility criteria specified in section 6.4.3.1, shall require a special permit for an Open Space Residential Development (OSRD) under section 6.4, except that the Planning Board may waive the application of this standard if the Board determines that the development of the site as an OSRD, as compared to a conventional subdivision, would not promote the purposes of section 6.4. 4.10.4.2 Nothing in this section shall be construed as modifying the requirements of the following: M.G.L., Ch. 131, § 40; the Massachusetts State Building Code, 780 C.M.R. 3107.0 (""Flood Resistant Construction""); the Massachusetts Wetlands Protection Regulations, 310 C.M.R. 10.00; the Massachusetts Inland Wetlands Restriction, 310 C.M.R. 13.00; the Massachusetts Coastal Wetlands Restriction, 310 C.M.R. 12.00; and Title V of the State Environmental Code, 310 C.M.R. 15.000. 4.10.5 Special Permit Criteria and Procedures 4.10.5.1 The Planning Board may not issue a special permit for a new development activity under this section, unless it determines: (a) that the activity will comply with all applicable development standards specified by section 4.10.4; (b) that the activity will not result in an increase in flooding above the BFE, obstruct or divert flood flow, or reduce natural flood storage; and (c) that the proposed development will be reasonably safe from flooding. 4.10.5.2 In deciding whether to issue a special permit under this section, the Planning Board shall consider any comments submitted prior to the close of the public hearing by the Conservation Commission, the Board of Selectmen, the Board of Health, an ning Board shall reconsider the special permit, in accordance with section 6.4.13, if there is any variation between the OSRD concept or preliminary plan that was submitted with the special permit application and the approved definitive plan. 6.4.6 Development Density 6.4.6.1 Unless a density bonus is permitted under section 6.4.7, the total number of dwelling units permitted in an OSRD shall not exceed the lesser of: (a) the number of dwelling units determined under section 6.4.6.2; or (b) the number of single family dwellings that would be allowed under a conventional subdivision plan, as determined by the Planning Board based on its review of the Applicant's yield plan. The Applicant shall bear the burden of proof regarding the permitted density. 6.4.6.2 The number of dwelling units determined under this section 6.4.6.2 shall be calculated by the following formula; - Total Number of Units =,A-(0.5x PCA) -(01 xTA) - ,District Minimum Lot Area TA = Total Area of Parcel PCA = Primary Conservation Areas If a parcel lies in districts with different lot area requirements, a calculation should be made for each district. 6.4.7 Density Bonus 6.4.7.1 The Planning Board may authorize a density bonus in accordance with sections 6.4.7.2 and 6.4.7.3, except that the number of dwelling units awarded as a density bonus under such sections may not, in the aggregate, exceed thirty-five percent (35%) of the number of units permitted under section 6.4.6, and provided further that a density bonus may not be awarded under section 6.4.7.3 for an OSRD that would create three or more units in the Coastal Conservation District. 6.4.7.2 The Planning Board may authorize a density bonus of up to twenty percent (20%) if the Applicant proposes: (a) on or off-site public improvements or amenities that result in substantial benefit to the Town and which are beyond those necessary to mitigate the impacts of the proposed OSRD; or (b) townhouse dwellings constructed in a New England village style of architecture with eening by fencing or landscaping of outside storage areas; 6.3.1.3.5 The building is served by municipal water. 6.3.1.4 Minimum Floor Area 6.3.1.4.1 The structure to be converted shall contain at least eleven hundred (1100) square feet and no unit shall have a floor area of less than three hundred fifty (350) square feet plus one hundred (100) square feet for each bedroom over one (1). 6.4 Open Space Residential Development 6.4.1 Purposes 6.4.1.1 This section is intended to promote integrated, creatively-designed residential development that results in the preservation of open space and natural resources, the reduction of infrastructure and site development costs, and the promotion of attractive standards of appearance consistent with Town character. 6.4.2 Special Permit Authority 6.4.2.1 The Planning Board may grant a special permit for an Open Space Residential Development (""OSRD"") authorizing the construction of single family or townhouse dwellings in the Central District, the Residential District, the Outlying District, or the Coastal Conservation District, pursuant to the provisions of this section. 6.4.3 Eligibility 6.4.3.1 Any proposed development that would create two (2) or more single family dwellings or townhouse dwelling units on a parcel of land or set of contiguous parcels of land containing at least five (5) acres is eligible for consideration as an OSRD. Parcels separated by roadways shall be considered contiguous. 6.4.3.2 Any person that submits a conventional subdivision plan (preliminary or definitive) under the Subdivision Rules that would create five (5) or more single family dwelling lots on a parcel of land or set of contiguous parcels of land containing five (5) or more acres shall be required, simultaneously with the submission of such conventional subdivision plan, to submit an application for an OSRD special permit, together with an OSRD concept plan that meets the requirements of section 6.4.4.2, except that, at any time after the opening of the public ns: (a) Building permits shall not be issued authorizing the construction of more than twenty-four (24) new single family dwellings in the Town in any twelve (12) month period. The number of permits allowed for new single family dwellings in any month shall equal twenty-four (24) minus the number of such dwellings that have been authorized (exclusive of unused authorizations that have expired or been withdrawn) in the preceding eleven (11) months. Subject to the provisions of section 8.5.1(b), applications for building permits for new single family dwellings shall be held and acted upon in chronological order based on the date of the filing of a complete application with the Building Inspector. (b) Building permits shall not be issued authorizing the construction of more than four (4) new single family dwellings in any twelve (12) month period on any set of lots created from land that was contiguous and held in common ownership at any time on or after the effective date of this section. 8.5.2 The limitations of section 8.5.1 are subject to the following exceptions: (a) For new single family dwellings established as part of an Open Space Residential Development approved under section 6.4 of the Bylaw, the limitation of section 8.5.1(b) shall be ten (10) dwellings per twelve (12) month period, rather than four (4) dwellings per twelve (12) month period. (b) The limitations of section 8.5.1 do not apply to affordable dwelling units, or to dwelling units authorized under a comprehensive permit issued under M.G.L., Ch. 40B, § 21, and permits issued for such units shall not be included in the count required by section 8.5.1(a). 8.5.3 Any time-limited protection against zoning change afforded by M.G.L., Ch 40A, § 6, shall be extended (if such protection has not already expired by the date on which a complete application for a building permit is filed with the Building Inspector) until such date as a building permit is issued under this section. 8.5.4 Section 8.5.1 shall not be construed as limiting the issuance of building permits for the enlargement or improvement of existing dwellings, or the rest Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by special permit? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: 4.SPECIAL REGULATIONS 4.1 Multi-Family Housing (Revised 11-01-05) In any district where multi-family housing is a permitted or special permitted use, it shall be subject to the following requirements, except that multi-family units in an Low Impact Development shall comply with the regulations in Section 4.2A of this Bylaw. 4.1.1.Site Plan Review Multi-family housing is subject to Site Plan Review under Section 7 of this Bylaw. 4.1.2.Maximum Density a. Where conversion of an existing single-family dwelling to three multi-family units is a permitted use or a use allowed by special permit, the minimum lot area shall be at least 1.5 times that of the applicable minimum lot area for a single-family dwelling. b. For multi-family housing of four (4) units or more, the maximum density is as follows: District,Maximum Density R-3,""20,000sf for the first unit plus 10,000sf for each additional dwelling unit, up to a maximum of 24 units"" ""Village Business, Mixed-Use, or Commercial District"",""20,000sf for the first unit plus 10,000sf for each additional dwelling unit, up to a maximum of 36 units"" c. More than one principal building may be permitted on a single lot by Special Permit from the Planning Board. No principal building may contain less than three (3) units nor more than six (6) units unless waived by the Planning Board. 4.1.3.Affordable Housing Requirement a. To qualify for a Special Permit for multi-family housing of four or more units, the applicant must include housing affordable to low- or moderate-income households as defined in this Bylaw, as follows: the seventh unit and every sixth unit thereafter shall be a low- or moderate-income housing unit. Nothing in this section shall preclude an applicant from providing more low- or moderate-income housing units than the minimum required by this Bylaw. b. All low- and moderate-income affordable units shall be subject to an affordable housing restriction pursuant to M.G.L. c.184. c. The Building Inspector shall not issue an occupancy permit to the applicant without er open space; 7. Economic effect and general compatibility and harmony with adjacent properties and other property in the district; 8. The comments and recommendations of the Planning Board have been considered where the Special Permit has been submitted to the Planning Board and the Planning Board has submitted its recommendations as required by this Bylaw. Reasons for not accepting any of the comments and recommendations of the Planning Board shall be noted. c. A Special Permit shall only be issued following a public hearing held within sixty-five (65) days after filing of an application with the Special Permit granting authority, a copy of which shall forthwith be given to the Town Clerk by the applicant. Within ten (10) days after receipt of the application for a special permit under this section, the Board of Appeals shall transmit copies thereof, together with copies of the accompanying plans to the Board of Health, the Planning Board, and the Conservation Commission. All such boards shall investigate the application and report in writing their recommendations to the Board of Appeals. The Board of Appeals shall not take final action on such application until it has received a report thereon from the Board of Health, Planning Board and the Conservation Commission or until said Boards have allowed thirty-five (35) days to elapse after receipt of such application without submission of a report. Failure by the permit granting authority to take final action upon the application for a Special Permit within ninety (90) days of date of the public hearing shall be deemed a grant of the permit applied for and the Town Clerk shall certify forthwith. A Special Permit granted pursuant to this section shall lapse after two (2) years, including such time required to pursue or await the determination of an appeal from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause, or in Use Permit 2.6.1.No building or structure shall be used, constructed, relocated, added to or demolished without a permit having been issued by the Building Inspector. No such permit shall be issued until such construction, alteration, or use, as proposed complies in all respects with the provisions of this Bylaw or with a decision rendered or Special Permit granted by the applicable Special Permit granting authority (SPGA) authorized by this Bylaw. 2.6.2.Plot Plan Accompanying Application a. Any application for a building, structure or use permit or a certificate of occupancy shall be accompanied by a plot plan in triplicate, accurately drawn to a scale of one inch = forty feet, showing the actual shape, area and dimensions of the lot to be built upon, the exact location and size of any buildings or structures already on the lot, the location of proposed alterations to and enlargements of existing buildings or structures, driveways, the location of new buildings or structures to be constructed together with the lines within which all buildings or structures are to be erected or enlarged, the existing and intended use of each building or structure and all streets and ways on or adjacent to the lot, the delineation of any Flood Plain District or Water Supply Protection District areas located within a lot, unless the plot plan includes a statement that: ""No part of lot is within a Flood Plain District or Water Supply Protection District,"" and such other information as the Building Inspector/Zoning Enforcement Officer may determine is necessary. In the case of a building or use permit limited to interior improvements to an existing building or structure, a plot plan shall not be required. b. In addition, for all new buildings and structures, and all existing buildings and structures to be externally enlarged or expanded in ground area to an extent greater than 30% of internal floor areas or ground coverage, or six hundred square feet, whichever is larger, plot plans shall show existing and approved abutting street grades, the proposed elevation of the top of the founda ction 4.6 6. Home business workshop, subject to Section 4.6 7. Conservation areas, reservations, or wildlife areas 8. On five acres of land or less: Gardens; growing and storing of fruits, berries, vegetables, hay, fodder and ensilage; orchards, wood lots and forestry; or nursery and similar agricultural crop activities 9. Residential accessory uses in accordance with Section 2.5 of this Bylaw 10. Uses permitted in accordance with Section 2.3 of this Bylaw or otherwise exempt from zoning under M.G.L. c.40A Section 3 11. Conversion of a single-family dwelling to a two-family dwelling b. Uses Allowed by Special Permit from the Planning Board 1. Low-impact development, subject to Section 4.2A 2. Assisted living facility or nursing home, or an assisted living facility and nursing home in a single development 3. Detached single-family dwelling on a hammerhead lot, subject to Section 4.3 4. Conversion of a single-family dwelling to a multi-family dwelling of up to three units, subject to Section 4.1 5. Residential accessory uses in accordance with Section 2.5 c. Uses Allowed by Special Permit from the Board of Appeals 1. Golf course (not including miniature golf), ski grounds, camping areas, or swimming facilities, including the incidental sale of refreshments, if primarily for the convenience of the patrons, and of equipment customarily related to their use 2. Cemetery 3. Hospital, medical institution, or historic, philanthropic or charitable institution 4. Kennel or riding stable, except that a horse farm or stable that is otherwise exempt under M.G.L. c.40A, Section 3 shall not require a Special Permit 5. Public utility 6. Home specialty retail, subject to Section 4.6 7. Bed and breakfast 8. Day or overnight outdoor recreation camp 3.2.2. Density and Dimensional Regulations a. Minimum Lot Area: 1. Single-family 40,000 square feet 2. Two-family 60,000 square feet 3. Multi-family Subject to Section 4.1 4. Other uses 40,000 square feet b. Minimum Frontage: 175 fee a building or Special Permit has been issued, before the first publication of notice of the public hearing on such Bylaw or any future amendment thereto may be continued or completed although such structure or use does not conform to the provisions hereof or of such amendment, provided that: a. Construction or operations pursuant to such building or Special Permit shall conform to the provisions of this Bylaw as amended unless the use or construction is commenced within a period of six (6) months after issuance of the permit and, in cases involving construction, unless such construction is completed as continuously and expeditiously as is reasonable; b. Any conversion of any non conforming use to a conforming use shall be subject to the requirements for such uses in the district in which the use is located and once changed shall not thereafter revert to the non conforming use; c. Wherever a non conforming use has been abandoned for a period of more than two (2) years except for agricultural, horticultural or floricultural where the period shall be for more than five (5) years, it shall not be reestablished and any future use shall conform to the Zoning Bylaw and any amendment thereto; d. No building or structure put to a non conforming use or non conforming structure which is destroyed or damaged by fire or other causes, or demolished to the extent, in any of such cases, of more than three-quarters (3/4) of its fair market value at the time of said damage or demolition as determined by the Building Inspector may be rebuilt for the purpose of reestablishing the non conforming use, unless the Board of Appeals shall make the finding set forth in Section 9.2.3 below with respect to such reconstruction or repair; e. Any reconstruction or repair of a partially destroyed, demolished or damaged structure which is non conforming, or which was put to a non- conforming use must be commenced within one year of such damage or destruction and the reconstruction completed and the structure occupied within two (2) years of such damage or destruction. 2.4.2. Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by special permit? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know" "[INST] Context: age, public access, quality and other pertinent site characteristics. (5) The need for preservation of open space for scenic value shall be determined by the special permit granting authority based on its knowledge of the site of the proposed cluster development and comments received by the authority during the plan review and public hearing process. The suitability of common land intended for scenic value shall be determined by the following criteria a. Its visibility from a significant number of buildings or length of private or public streets; or b. The vistas such common land affords of significant or unusual: 1. Landforms, 2. City scopes, 3. Historical sites, or 4. Buildings. The special permit granting authority may impose restrictive covenants protecting such scenic areas or allowing access to such areas. (6) The need for provisions of common land to act as an open space buffer, insulating existing developments from the cluster development shall be determined by the special permit granting authority based on the purposes of this ordinance and upon its knowledge of the site and comments received during the plan review and public hearing process. The suitability of common land intended for such buffers shall be determined by the special permit granting authority based on its consideration of a variety of factors, including: a. The viewing distance and slope between the new buildings of the proposed cluster and the existing buildings of abutting properties; and b. The width and quality o f intervening buffer land; and c. The height of post development trees, shrubs, fences or other man-made screens all as proposed by the developer or as may be required by the special permit granting authority. (e) Application requirements: Applications for special permits for clusters shall include, in addition to all the data listed as (a) through (1) and information required under section 4.4.2, the following: (1) Wetland areas; (2) Lands included in the wetlands /floodplain conservancy district as defined in 4.4.3 of this ordi t a scale of not less than forty (40) feet to an inch and shall include as necessary or applicable for each special permit use the following: (a) The extent of the site with all lot lines identified by metes and bounds; (b) Names of owners and abutters as shown on most recent real estate tax list (c) Sizes and locations of existing and proposed structures and any adjacent structures within fifty (50) feet of the site and including proposed structures and any adjacent structures within fifty (50) feet of the site and including proposed type of construction and proposed building materials; (d) Existing and proposed contours at two-foot intervals; (e) Number and location of proposed parking spaces; (f) Sizes and locations of water, sewerage and drainage systems; (g) Driveways and vehicular circulation providing access to and egress from the site; (h) Walks and recreation, open space and conservation areas; (i) Land uses, both existing and proposed; (j) Landscaping and site development details including walls, fences, outdoor lighting and ground surface materials; (k) Bounding streets and any unused or unique natural features of public areas in the immediate vicinity; and (l) If an applicant or predecessor in title has previously filed a site plan with the permit granting authority regarding the subject parcel of land and/or building and use, no additional site plan shall be filed in the event the application refers only to a change in use. (Ord. of 5-104, §§ 19-21) 4.4.3 Reserved. 4.4.4 Cluster development requirements. (a) Definition: Single detached one-family dwellings may be constructed on certain lots in a cluster development in the following zones: R 1, R 1A, R 113, R 2, R-3, and R-4 as hereinafter defined and limited, although such lots have less area or frontage, or both, than normally required. For this purpose, a cluster development is a division of not less than five (5) acres of land into lots used, or available for use as building sites, where said lots are cluste . (7) All common land hereunder shall be held in common ownership by the owners of lots within the development. In the case of ownership by a separate legal entity, the developer shall include in the deed to the owners beneficial rights in said common land. Maintenance shall be the responsibility of the owners. A permanent conservation easement shall be conveyed to the City of Peabody prohibiting development of said common land and the erection thereof any structures other than for the noncommercial, recreational use of the residents of the cluster development All common or public open space land shall have adequate access to a public way. (d) Review criteria: In reviewing the application for a special permit for a cluster development, the special permit granting authority shall consider the following in its decision. (1) The extent to which the plan for the cluster development is consistent with the purposes of this section of the ordinance. (2) The extent to which unique or environmentally important features of the development site, especially those not afforded protection under some other local, state or federal regulation as set forth in subsection 4.4.4 (b) (2) of this ordinance, have been adequately described in the site plan submitted with the special permit application and have been incorporated, to the maximum extent feasible, as permanent open space of the cluster. (3) Individual lots, buildings, and streets are designed and situated to minimize alteration of the natural site features and the need for excavation, cut and fill, or other types of earth moving operations. (4) That the location and quantity of any portion of the common land intended for active or passive recreational uses, as those uses may be set forth by the special permit granting authority, is adequate in terms of size, topography, drainage, public access, quality and other pertinent site characteristics. (5) The need for preservation of open space for scenic value shall be determined by the special permit granting authority based on its or both, than normally required. For this purpose, a cluster development is a division of not less than five (5) acres of land into lots used, or available for use as building sites, where said lots are clustered together and where there is provision of open space in common or public ownership. The planning board shall be the special permit granting authority for the cluster permit (b) Purpose: The purposes of this provision of the ordinance allowing cluster developments are as follows: (1) To promote efficient subdivision of land, in harmony with its natural features and with minimal excavation and earth removal activities. (2) To preserve in their unaltered state unique or unusual natural features of the land to be developed especially where such features are not afforded protection under some other local, state or federal regulation or private deed restriction. Such natural features include but are not limited to: Science vistas and scenic road views; woodlands and site vegetation, especially where such natural vegetative cover serves to buffer new developments from established neighborhoods; slopes over fifteen (15) percent and rock outcroppings; natural drainageways, stream banks, wetlands, and floodplains; aquifer recharge areas for public or private water supplies; wildlife habitat and vegetation, especially of rare or endangered species. (3) To provide suitable open space and facilities for active or passive recreation. (4) To provide open space as a buffer, where desirable and appropriate, between new developments and established neighboring uses. (5) To promote affordable housing in the city. (c) Minimum requirements: Such a cluster development containing lots with less than the minimum area or frontage or both may be permitted provided that: (1) Maximum number of lots in a cluster development shall be determined by taking total land area of the subdivision, exclusive of existing and proposed roads and other land areas not available to the developer for building because of local, state, or federal SECTION VII ADDITIONAL REQUIREMENTS FOR CLUSTER SUBDIVISIONS A. Purpose 1. The purpose of this Section is to establish procedural rules and design standards for cluster subdivisions allowed by Special Permit by the Planning Board under the provisions of Section 4.4.4. Cluster Subdivision Requirements, of the Peabody Zoning Ordinance. B. Submission of Plans 1. Cluster subdivision plans shall be submitted concurrently with, or as part of, a definitive plan filing, in the manner outlined in the Zoning Ordinance and in the Massachusetts General Laws, Chapter 40A, Section 9. 2. Cluster subdivision plans shall meet the application requirements in the Zoning Ordinance as well as the requirements of these Rules and Regulations. C. Review Procedure 1. Cluster subdivision plans shall be reviewed as outlined in the Zoning Ordinance and as required by the Massachusetts General Laws, Chapter 40A, Section 9. D. Site Plans 1. Prior to the application for a building permit for any lots within the subdivision, a site plan prepared by a registered land surveyor, engineer, architect or landscape architect shall be submitted to the Planning Board for review, showing at a minimum: a. Existing and proposed topography at two foot (2') intervals, including proposed cuts and fills; b. Existing and proposed retaining walls and riprap; c. Existing and proposed driveways, walks and fences, d. Trees to remain in excess of six inches (6"") in caliper, and trees to be removed, in excess of six inches (6"") in caliper; e. Delineation of wetlands and one hundred foot (100') buffer, and any Order of Conditions issued by the Conservation Commission; f. Unique natural features, including stone walls, and rare or specimen trees; g. Size and location of proposed structures; and h. Proposed landscaping. 2. Approval of a site plan for a particular lot shall be by majority vote at the next regular meeting of the Planning Board. The Board shall forward its decision approving, approving with conditions, or disapproving a site Which entity is the special permit granting authority for cluster/flexible zoning? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] Planning Board" "[INST] Context: hority. Any development pursuant to the PSMUOD by-law shall be allowed only by special permit. The Planning Board is hereby designated as the Special Permit Granting Authority (SPGA) in the PSMUOD. A super majority shall be required for plan approval. All Special Permit applications made pursuant to the PSMUOD by-law shall conform to the standards and criteria and procedural provisions of the PSMUOD by-law and all relevant procedural provisions in the current Ashland zoning by-laws. Said Special Permit may be issued subject to such conditions as the Planning Board may deem appropriate to protect the public interest and to ensure that development to the PSMUOD will be consistent with the purpose of this Section and the controls set forth herein. 4.0 Development Criteria. In addition to the specific requirements contained within this Bylaw, the Ashland Planning Board shall issue a special permit for development within the PSMUOD only after consideration of the following: 1. Adequacy of the site in relation to the size of the proposed structure(s); 2. Adequacy of the provision of open space, its accessibility to the general public, and/or its association with adjacent or proximate open space areas; 3. Suitability of the site for the proposed use(s); 4. Impact on traffic, pedestrian flow and safety and access for emergency vehicles; 5. .Impact on the visual character of the neighborhood; 6. Adequacy of utilities, including sewage disposal, water supply and storm water drainage; 7. Degree to which the proposed project complies with the stated purpose of this bylaw; 8. Impact of the proposal on the existing mix of structures and businesses in the PSMUOD. 5.0 Permitted Uses. Within the PSMUOD, the Planning Board may issue a special permit for the following uses either solely or in combination: 5.1 Residential. 1. Dwelling units located above or adjacent to a building containing non-residential uses. 2. Dwelling units above or adjacent to non-residential uses may be connected for access if both are owned by the same entity and occupied or scenic, agricultural, recreation, and conservation purposes, otherwise not provided by conventional subdivision plans; 2. preserve more greenery and woodlands through less disturbance, temperance of the appearance of suburban sprawl associated with conventional subdivision development; and 3. promote less costly development and maintenance outlay. 7.3.2 Administration. The Planning Board may by special permit grant approval for the construction and occupancy of a cluster development, supplemented by appropriate amenities as agreed to by the owner, on a parcel of land in excess of five (5) contiguous acres located in a Residential Districts. Such cluster development shall also require approval under the Subdivision Rules and Regulations of the Planning Board. 7.3.3 Application Procedure. To promote better communication and avoid misunderstanding, applicants are encouraged to submit preliminary proposals and plans for informal review prior to formal application. The following submission is required. 1. Applicants for a cluster development shall submit to the Planning Board six (6) copies of a completed application and ten (10) copies of a plan meeting the specifications for a preliminary plan as established by the Subdivision Regulations adopted by the Ashland Planning Board. Said plan shall also indicate proposed building uses, building locations and development schedule and shall have been prepared by a landscape or registered architect, or civil engineer. Submitted application materials shall also indicate the applicant's legal interest in the land to be developed, the form of organization to be proposed to own and maintain the common land, the substance of covenants and grants of easements to be imposed upon the use of land and structures and the development schedule. 2. At least four (4) copies of a site analysis shall be submitted, consisting of one (1) transparent copy of the above plan, and a series of site analysis drawings at the same scale, each on a separate sheet, indicating ion Commission in any proceeding authorized by G.L. c. 184, s. 33. In addition, the developer shall be responsible for the maintenance of all improvements to the land until such time as the homeowners' association is capable of assuming such responsibility, and/or the Town has accepted responsibility for rights-of-ways and any assigned easements. In order to assure that the association will properly maintain the land deeded to it under this section, the developer shall cause to be recorded at the Middlesex County Registry of Deeds, or other cognizant authority, a Declaration of Covenants and Restrictions that shall, at a minimum, provide the following: 1. Mandatory membership in an established homeowners' association as a requirement for ownership of any lot in the development. 2. Provision for maintenance assessments of all lots in order to ensure that the developed and open space land is maintained in a condition suitable for uses approved by the homeowners' association. Failure to pay such assessment shall create a lien on the property assessed, enforceable by either the homeowners' association or other owner of any lot. 3. Provisions, which so far as possible under the existing law, will ensure that the restrictions placed on the use of the developed and open space land will not terminate by operation of law or, that in the case of termination, that mandatory renewal of all restrictions shall occur automatically. 7.2.12 Decision. The Planning Board may impose additional conditions not inconsistent with this or other sections of the Zoning By-law. 7.3 CLUSTER DEVELOPMENT 7.3.1 Purpose. The purpose of cluster development is to: 1. allow more intensive screened use of separately owned lots by a building and its accessory structures together with preservation of common open space for scenic, agricultural, recreation, and conservation purposes, otherwise not provided by conventional subdivision plans; 2. preserve more greenery and woodlands through less disturbance, temperance of the a cessary to serve the purposes of this By-Law. 9.3.5 Plans. Unless otherwise provided by rule or regulation of the special Permit Granting Authority, an applicant for a special permit shall submit a plan in substantial conformance with the requirements of Section 9.4, herein. 9.3.6 Regulations. The special permit granting authority may adopt rules and regulations for the administration of this section. 9.3.7 Fees. The special permit granting authority may adopt reasonable administrative fees and technical review fees for applications for special permits. 9.3.8 Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 24 months following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in G.L. c. 40A, s. 17, from the grant thereof) with the Town Clerk. 9.3.9 Priority Development Site(s). An application for a special permit required in connection with the development of a Priority Development Site (PDS) shall be submitted simultaneously with any other permit application(s) required by the Code of the Town of Ashland, including these Zoning By-laws, relating to the use or development of the PDS or the buildings and/or structures located thereon, and not otherwise exempted by G.L. c. 43D, and a decision thereon shall be rendered no later than one hundred eighty (180) days from said date of submittal. Review of an application for a special permit shall be combined with any other review(s) required of the Special Permit Granting Authority (SPGA). Where the Board of Appeals is designated as the SPGA and said other review(s) are required of the Planning Board, or where the Planning Board is designated as the SPGA and said other review(s) are required of the Board of Appeals, all reviews shall occur at joint session(s) of those Boards, when feasible. [Added 5-5-2010 ATM, Art. 17] 9.4 SITE PLAN REVIEW 9.4.1 Applicability. Site plan review shall apply to: 1. The construction of a commercial or industrial structure in the Commercial A, Commercial B or Industrial Zonin ay permit modifications of the parking requirements on a case by case basis)."",Y,,,YYYYN, , (k) Accessory scientific use in compliance with § 3.2.4.,N,,,NNYYYN,, (I) Outdoor commercial recreation other than campgrounds.,N,,,NYYYN,, (m) Theaters and cinemas,N,,,NYYYN,, (n) Day Care Facilities,Y,,,NYYYN,, (o) Accessory uses shall be allowed as follows:,,,,,, ""(i) Uses and structures (including, without limitation, a sewerage treatment facility) customarily accessory and incidental to the primary use."",Y(2), (2), ,YYYYY,,(2) (ii) Food preparation and eating facilities,N,,,NYYYN,, (iii) Day care facilities,Y,,,NYYYN,, (iv) Recreational facilities,Y,,,YYYYN,, Permitted Residential component uses:,A,,,BCDEF,, ""(a) Age Restricted, Attached"",Y,,,NYYYN,, ""(b) Age Restricted, Multifamily"",Y,,,,NYYYN, ""(c) Age Restricted, Detached"",Y,,,,NYYYN, ""(d) Dwelling Multifamily, For Rent"",N,,,,N NNYN, (e) Continuing Care Residential Community (CCRC) or components thereof in conformance with § 7.4,N,,,,NYYYN, (f) Rest Home and/or Nursing Homes,N,,,,NYYYN, (g) Municipal recreational use.,N,,,,NYYYN, (h) Public Housing for the elderly.,N,,,,NYYYN, ""(i) Uses and structures (including, without limitation, a sewerage"",Y(2),, (2), ,YYYYY,(2) treatment facility) customarily accessory and incidental to the primary use. Permitted Residential Component Uses,A,,,BCDEF,, (a) Public Parks,N,, , YYYY, , N (b) Community Centers and public recreation buildings.,N,X, , YYYY, X, N (c) Recreation centers and facilities.,Y 1,, , YYYY,, N ""(d) Education uses on land not owned by the Commonwealth of Massachusetts or any of its agencies, subsidiaries or bodies politic, by a religious sect or denomination, or by a nonprofit educational group"", N, , , Y YYYN, , X (e) Golf courses and related facilities., Y,, , Y YYYY, , ""(f) Tennis clubs, swimming pools, health clubs and similar facilities, including membership clubs, public or private"", Y(1), , Y, Y,Y1, N (g) Places and buildings for public assembly., Y(1), Y, Y, Y,XY (1), N ""(h) Uses and structures (including, wit Which entity is the special permit granting authority for cluster/flexible zoning? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] Planning Board" "[INST] Context: nd/or restriction and such easements and/or restrictions to the Town allowing the Town to control all building rights in the area. Such restrictions shall be for the benefit of and enforceable by the Town. 5. The applicant shall submit a plan for maintenance of the open space area. The plan must be approved by the Planning Board. 6. The applicant shall give evidence that a functional relationship exists between the open land and the proposed clusters. Such land shall be of such size, shape, dimension, character and location as to assure its utility for park, conservation or recreation purposes. 7. Open space shall be restricted to recreational uses such as parks, playgrounds and conservation areas and shall not be built upon except as approved by the Planning Board. Only structures incidental to recreation, conservation or parks shall be allowed subject to approval by the Planning Board. TOWNHOUSE OR ROWHOUSE STRUCTURES 1. Not more than four (4) attached townhouse units shall be built in a row with the same or approximately the same, front building line. No row of attached units shall contain more than (six) 6 units. MULTI-FAMILY DWELLINGS 1. Except as modified by this article, all multi-family dwellings in a Cluster Development shall conform to the standards and restrictions set forth in the Zoning By-law. OFF STREET PARKING 1. Facilities for off-street parking shall be provided in conformance with Article V11 of the Zoning By-law. SIGNS 1. Signs erected, installed or displayed in a Cluster Development shall be in conformance with Article VIII of the Zoning By-law. ADMINISTRATION AND ENFORCEMENT 1. Cluster Development is allowed in certain zoning districts by special permit only. Guidelines for submission and approval of special permit applications shall be followed by the Planning Board in reviewing Cluster Development proposals. 2. In addition to the information required on all special permit applications, Cluster Development proposals shall contain documentation relevant to the specific requirements of this Article. Additional information which the Planning Board may require for the consideration of the above cluster regulations shall be provi Board shall be the Special Permit Granting Authority (SPGA) for all Special Permits under this by-law. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held on 5/10/04. 19.3.2 Multiple Units. This bylaw shall apply to the construction of six (6) or more multi-family dwelling units, whether on one or more contiguous parcels, in existence as of October 8, 2003 and shall require a Special Permit. 19.4 MANDATORY PROVISION OF AFFORDABLE UNITS The Planning Board shall, as a condition of approval of any division of land or construction of multiple units referred to in Section 19.3, above, require that the applicant for approval of a Special Permit comply with the obligation to provide affordable housing pursuant to this bylaw and more fully described in Section 19.5, below. 19.5 PROVISION OF AFFORDABLE UNITS The Planning Board shall deny any application for a Special Permit for division of land or construction of multiple units under this by-law if the applicant does not comply, at a minimum with the following requirements for affordable units. 19.5.1 At least ten (10) percent of the lots in a division of land or units in a multiple unit development subject to this by-law shall be established as affordable housing units in any one or combination of methods provided for below. Fractions of a lot or dwelling unit shall be rounded up to the nearest whole number such that a development proposing six (6) dwelling units shall require one affordable unit, a development proposing eleven (11) dwelling units shall require two affordable units and so on: 19.5.1.1 The affordable units shall be constructed or rehabilitated on the subject property; I 19.5.1.2 the affordable units shall be constructed or rehabilitated on a property different than the property subject to the Special Permit; 19.5.1.3 the applicant shall make an equivalent fees-in-lieu-of payment (see Section 19.10); 19.5.1.4 the applicant may offer, and the Planning Board after consultation with the Board of Selectmen may accept, donations of land in fee simple, on or offsite, that the Planning Board determines are suitab t Granting Authority, public hearing and time limits shall follow that specified in Sec. 10.9. In all other cases, the Planning Board shall be the Special Permit Granting Authority. 10.8 APPEALS FROM DECISIONS OF THE BUILDING INSPECTOR 10.8.1 The Board of Appeals may hear and decide appeals taken by any officer or Board of the Town of Norton or by any person aggrieved by not being able to obtain a permit from any administrative official in violation of General Laws, Chapter 40A. 10.8.2 An appeal shall be taken within thirty (30) days from the date of the order or decision which is being appealed. The petitioner shall file a notice of appeal specifying the grounds thereof with the Town Clerk; and a copy of said notice, including the date and time of filing certified by the Town Clerk, shall be filed forthwith by the petitioner with the Building Inspector specifying in the notice the grounds for such appeal. The Building Inspector shall forthwith transmit to the Board of Appeals all documents and papers constituting the record of the case in which the appeal is taken 10.8.3 Notification, hearing and decision shall be made in accordance with Sec. 10.6 10.9 The Planning Board shall be the Special Permit Granting Authority. Applications for 10.10 PURPOSE, CONDITIONS, BOND Variance Permits and Special Permits are not granted as a matter of right but are privileges which may be granted as appropriate in specific circumstances which are in keeping with the intent of the Zoning By-law and subject to general or specific rules contained herein. As a condition of granting a Permit or Special Permit, the granting authority shall find that the petitioned for exception is socially and economically desirable, and that it would satisfy an existing need, that the advantages of the proposal outweigh by far any detrimental effects, and that such effects on the neighborhood and environment shall not be significantly greater than could be expected from development if the Permit or Specia ARTICLE X - BOARD OF APPEALS, PERMIT GRANTING AUTHORITY, SPECIAL PERMIT GRANTING AUTHORITY 10.1 BOARD OF APPEALS MEMBERSHIP The Board of Appeals shall consist of three members and two associate members who shall be appointed by the Selectmen in accordance with General Laws, Chapter 40A, for staggered three-year terms. The Board of Appeals shall elect annually a Chairman and shall adopt Rules and Regulations which shall be filed in the office of the Town Clerk and shall be a public record. 10.2 BOARD OF APPEALS RULES AND REGULATIONS The Rules and Regulations shall prescribe the procedures and rules for the conduct of Board of Appeals business and shall conform to the provisions of General Laws, Chapter 40A, as amended. 10.3 VARIANCE REQUIREMENTS The Board of Appeals shall have the authority to grant upon appeal or upon petition, where a use not requiring a permit is sought, with respect to a particular parcel of land or existing building a variance from the requirements of this By-law where, owning a special condition affecting specifically such parcel or building, but not generally the zoning district in which it is located, a literal enforcement of the By-law would involve substantial hardship, financial or otherwise, to the appellant, and where desirable relief may be granted without substantially derogating from the intent and purpose of the By-law, but not otherwise. Permits may be granted for variances including those for side yard, set back and frontage dimensions as well as lot size. Petitions for a variance must be filed with the Town Clerk who will transmit them to the Zoning Board of Appeals 10.4 USE VARIANCES There shall be no use variances. Anyone that should desire a change in use designation must apply for a zoning change. 10.5 LIMITATIONS The Board of Appeals may impose limitations of time and use and condition continued use upon compliance with regulations to be made and amended from time to time thereafter. 10.6 VARIANCE NOTIFICATION, HEARING 9-Special Permits. 15.8.1 Approval The Planning Board shall approve an application based on its review of the projected development impacts and the proposed methods of mitigating such impacts upon a finding that the proposed development is in conformance with this By-law. The Planning Board may impose conditions on a site plan, which although in proper form, depicts a use or structure that fails to comply with the objectives required by this By-law and when, in the opinion of the Planning Board, such conditions will render the site plan in compliance with the objectives of this By-law. Such conditions may include, among other matters and subjects, the following: - Controls on the location and type of access to the site. - Requirements for off-site improvements to improve the capacity and safety of roads, intersections, pedestrian ways, water, sewer, drainage, and other public facilities which are likely to be affected by the proposed development. - Requirements for securing the performance of all proposed work, including proposed off-site improvements, by deposit with the Town's Treasurer of a performance bond, negotiable security, cash, or bank passbook in an amount determined by the Planning Board to be sufficient to cover the cost of all or any part of the improvements required as conditions of approval; - Conditions to minimize off-site impacts on traffic and environmental quality during construction. - Requirements for screening parking facilities from adjoining premises or from the street by walls, fences, plantings, or other devices to mitigate adverse impacts. - Conditions to mitigate adverse impacts to the neighborhood and abutters, including but not limited to adverse impacts cause by noise, dust fumes, odors, lighting, headlight glare, hours of operation. Development work shall conform fully to the approved Site Plan, associated conditions, limitations and safeguards. Any proposed changes to the approve Site Plan must be submitted for review by the Planning Board before such change is mad Which entity is the special permit granting authority for cluster/flexible zoning? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] Planning Board" "[INST] Context: the site's perimeter, and may be in more than one (1) parcel, provided that the size, shape and location of such parcels are suitable for the designated uses. Contiguous shall be defined as being connected. Open space will still be considered connected if it is separated by a roadway or accessory amenity. Ownership and Management of the Open Space. The land set aside as common open land shall be owned and/or managed by one (1) of the following arrangements, as shall be determined by the Planning Board: Conveyed to an association, corporation or trust owned or to be owned by the owners of lots within the development. If such association is utilized, ownership thereof shall pass with conveyances of the lots in perpetuity. Conveyed to the town, at no cost, and accepted by it for park or open space use. Such conveyance shall be at the option of the town and shall require the acceptance of the land by the Conservation Commission and the approval of the Board of Selectmen. Conveyed to a nonprofit organization, the principal purpose of which is the conservation or preservation of open space. In any case where such land is not conveyed to the town, a conservation restriction, enforceable by the town under MGL Ch. 184, Sections 31-33, shall be required ensuring that such land shall be kept in an open or natural state and not be built upon for residential use or developed for uses such as parking or roadways. Such restrictions shall further provide for maintenance for the common land in a manner which will ensure its suitability for its function, the appearance, cleanliness, proper maintenance of drainage utilities and the like, and empower the town to perform maintenance in the event of failure to comply with the program, and including a provision that the owners of lots or units within the cluster development shall pay the cost thereof and that the cost shall constitute a lien upon their properties until said cost has been paid. This restriction shall be recorded within sixty (60) days of the granting of the special perm land-use boards, as appropriate. Site Visit. The Planning Board and/or its designee(s), along with members from all interested boards and departments, may conduct a site visit prior to or during the special permit public hearing. At the site visit, the Planning Board or its designee(s) shall be accompanied by the applicant and/or its agent(s). With the applicant's permission, interested members of the public may be invited to the site visit. If a quorum of the Planning Board is anticipated to be present at the site visit, the site visit must be properly noticed per the requirements of MGL Chapter 39, Sec. 23a-24. Preferred Design Process. Each OSRD special permit applicant should follow a design process similar to that outlined below. When the plan is submitted, the applicant(s) shall be prepared to demonstrate to the Planning Board that this design process was substantially complied with in determining the proposed layout of open space, streets, house lots and other features of the OSRD. Understanding the site. The first step is to inventory existing site features, taking care to identify sensitive and noteworthy natural, scenic and cultural resources of the site, and to determine the connection of these important features to each other and similar features on abutting properties, if any. Evaluating site context. The second step is to evaluate the site in its larger context by identifying natural (e.g. streams, wetlands, steep slopes), transportation (e.g. roads, woods roads, trails), and cultural (e.g. historic and recreational sites) connections to surrounding land uses and activities. Designating the contiguous open space. The third step is to identify the contiguous open space to be preserved on the site. Such open space should include the most sensitive and noteworthy resources on the site, and, where appropriate, areas that serve to extend existing networks of open space or land protected under easements. Location of building sites and development areas. The fourth step is to locate building sites, par ns. The Board of Appeals may adopt rules and regulations for the administration of its powers. 9260. Fees. The Board of Appeals may adopt reasonable administrative fees and technical review fees for petitions for variances, administrative appeals, and applications for comprehensive permits. 9300. SPECIAL PERMITS 9310. Special Permit Granting Authority. In each instance, the Special Permit Granting Authority shall be the Board of Selectmen, the Planning Board, or the Board of Appeals, as specified herein. 9320. Criteria. Special permits shall be granted by the Special Permit Granting Authority, unless otherwise specified herein, only upon its written determination that the proposed use or structure will not cause substantial detriment to the town or the neighborhood, in view of the particular characteristics of the site and its surroundings. In addition to any specific factors that may be set forth in this Bylaw, the determination shall include consideration of each of the following: 9321. Social, economic, or community needs which are served by the proposal; 9322. Traffic flow and safety, including parking and loading; 9323. Adequacy of utilities and other public services; 9324. Neighborhood character and social structures; 9325. Impacts on the natural environment; and 9326. Potential fiscal impact, including impact on town services, tax base, employment, and property values. 9330. Procedures. Applications for special permits shall be filed in accordance with the rules and regulations of the Special Permit Granting Authority. 9340. Conditions. Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the Special Permit Granting Authority may deem necessary to serve the purposes of this Bylaw. 9350. Plans. Unless otherwise provided in the rules and regulations of the Special Permit Granting Authority, an applicant for a special permit shall submit a plan in substantial conformance with the requireme parking is shown and the standards for a special permit are met, provided that the floor area of the resulting building is no greater than it would be if there were no special permit. 4220. Minimum Lot Width in Residential Districts. The minimum width of any lot in a residential district between the dwelling and the lot frontage shall be no less than forty (40) feet. 4230. Lot Shape The following rules apply to lot shape: 4231. In all residential districts, the required minimum lot frontage shall be maintained into the lot at least as far back as the required minimum front yard for the applicable district. 4232. If the width of a lot narrows to less than fifty percent (50%) of the width of the frontage within the first one hundred fifty (150) feet of the lot depth, the dimensional controls for a rear lot as set forth in Section 7500 shall apply. 4233. At no point shall the lot width measure less than forty (40) feet. 4234. The shape of all lots shall conform to the following requirement: 1. 16A > 0.4 2. P2 3. Where: 4. A = the lot area in square feet 5. P = the lot perimeter in feet. 4235. This formula may be applied to a lot which conforms to all requirements of Section 4000, including, but not limited to frontage, lot area, a minimum of 30,000 contiguous square feet of land exclusive of wetland and flood hazard areas and, when applicable, any requirements of Section 8100. 4240. Residential Use in Commercial or Industrial District A residential use hereafter located in a commercial or industrial district shall conform to the dimensional requirements of the nearest residential district except dwelling units above the first floor as allowed in the Commercial District. 4250. Special Permit; Eminent Domain. Where an action in eminent domain results in a lawfully preexisting building lot being rendered nonconforming, the Board of Appeals may grant a special permit to allow such lot may be built upon thereafter, provided that such lot has 100 feet of remaining frontage and a minimum area of 10,000 square feet. 4300. SPECIAL PERMIT TO VARY HEIGHT LIMITATIONS 4310. be governed by the procedures set forth for special permits in G.L. c. 40A, ss. 9 and 11. A public hearing shall be required. The decision of the Planning Board shall be upon a majority of those present and shall be in writing. No building permit or certificate of occupancy shall be issued by the Building Commissioner without the written approval of the site plan by the Planning Board, or unless 90 days lapse from the termination of the public hearing without action by the Planning Board. 9430. Coordination with Other Permits. 9431. Application for Building Permit. An application for a building permit to perform work as set forth herein available as of right shall be accompanied by an approved site plan. 9432. Application for Special Permit or Variance. An application for a special permit or a variance to perform work as set forth herein shall be accompanied by an approved site plan; in the alternative, any special permit or variance granted for work set forth herein shall contain the following condition: The work described herein requires the approval of a site plan by the Planning Board pursuant to Section 9400 of the Zoning Bylaw. Any conditions imposed in such site plan approval shall also be conditions of this special permit/variance. 9433. Where the Planning Board serves as the special permit granting authority for proposed work, it shall consolidate its site plan review and special permit procedures. 9434. The applicant may request, and the Planning Board may grant by majority vote, an extension of the time limits set forth herein. 9435. No deviation from an approved site plan shall be permitted without modification thereof. 9440. Pre-application Sketch Applicants are invited to submit a pre-application sketch of the proposed project to the Planning Board and to schedule a comment period at a regular meeting of the Planning Board. 9450. Submittal Requirements 9451. Minor Site Plans. Minor site plans may be required to contain all of the information required by this section; provid Which entity is the special permit granting authority for cluster/flexible zoning? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] Planning Board" "[INST] Context: one or more groups separated from adjacent property and other groups within the development by intervening open land, unless deemed otherwise by the special permit granting authority. A.residential cluster development shall conform to the following conditions: 1. Contain a minimum tract size of ten (10) acres in the RA, RB and RC Districts, and five (5) acres in the RD District. 2. The number of dwelling units shall conform to the existing density allowed in the corresponding zoning district after subtracting the area which contains wetlands as delineated by Conservation Commission. 3. A minimum of 40% of the total land area of the development shall be dedicated as common open space; no more than 25% of the land required as common open may be wetlands as defined in MGL Ch. 131, Section 40, or waterbodies. 4. There shall be a minimum width of 50 feet of buffer area between attached cluster buildings, and a minimum width of 50 feet of buffer area between attached clusters and the abutting property lines or street. These buffer areas shall provide suitable landscaping to screen and cluster buildings from each other, abutters, and streets year round. C. Required Open Land 1. At least 40% of the tract (exclusive of land set aside for roads and parking-) shall be open land. At least 75% of the open land shall be suitable for passive or active recreations use, and shall not be wetlands or land subject to seasonal flooding. 2. The open land, and such other facilities as may be held in common, shall be conveyed to one of the following, as determined by the Planning Board, subject to the following guidelines. In general, valuable natural resource land, such as wetlands not suitable for any public use or suitable for extensive public recreational use, should be conveyed to the Town or to a trust: whereas land which will be principally used by the residents of the cluster should be conveyed to any of the following: a. To a corporation or trust comprising a home association whose membership includes the owners of of open space. The developer or charity shall grant a conservation restriction as set out in (a.) above. c. To the Town for park or open space use, subject to the approval of the Selectmen and Town Meeting, with a trust clause ensuring that it be maintained as open space. 3. Open space shall be restricted to recreational uses such as parks, playgrounds and conservation areas and shall not be built upon except as approved by the Planning Board. Only structures incidental for recreation, conservation or parks shall be allowed subject to approval by the Planning Board. These restrictions shall run with the deed in perpetuity. 4. All open space areas shall have dry access to the street suitable for use by maintenance and emergency vehicles. 5. The applicant shall submit a plan for maintenance of the open space area. 6. The applicant shall give evidence that a functional relationship exists between the open land and the proposed clusters. Such land shall be of such size, shape, dimension, character, and location as to assure its utility for park conservation or recreation purposes. E. Lot and Yard Requirements 1. Attached cluster units shall not exceed a total of four (4) units per building in the RA and RB districts and six (6) units per building in RC and RD districts. 2. These attached units, if designed as part of an association under single joint ownership, shall only meet the lot and yard requirements within this section. Density shall follow guidelines set forth in Section B.3 of this bylaw. 3. Detached cluster units shall conform to 2.6 except for the lot and yard requirements provided below: Minimum Lot Requirements,""RA, RB, RD"",RC Area (sq. ft.),""20,000"",N/A Width (ft.),80,N/A Frontage (ft.),80,N/A 4. No building shall exceed two (2) stories. F. Administrative Procedures The Planning Board, as the Special Permit Granting Authority (SPGA), shall adopt rules relative to the issuance of special permits and file a copy with the Town Clerk. The Planning Board shall no rovisions relating to operational standards and permit procedures shall apply. G. Performance Bond: The Board of Appeals shall require that a performance bond, of a surety company authorized to do business in the Commonwealth of Massachusetts, be posted, in an amount determined by the Board of Appeals, as sufficient to guarantee conformity with the provisions of any permit issued hereunder. Cash may be deposited with the Treasurer of the town, to be held by the town as surety, in an amount equal to the surety required, in place of a bond. Such bond, and/or cash, shall not be released until there is filed with the Board of Appeals a certification from a registered engineer and an approval from: the Planning Board and the Zoning Enforcement Officer (Building Inspector) that the site conditions at the completion of all work are in accordance with the requirements of the permit. (Amended STM 10/13/94) 2.13.0 Residential Cluster Development A. Statement of Purposes: A residential cluster development may be authorized by special permit in the Town of Plainville in order to achieve the following objectives: 1. Flexible and sensitive site design; 2. Promotion of measures to ensure compatibility of growth and sensitivity to the natural environment; 3. Enhancement of residential and community amenities by provision of open space; 4. Promotion of economical and efficient use of roads, water and sewer lines and other related infrastructure; 5. Promotion of diverse and energy-efficient housing at a variety of costs; and 6. Protection of water bodies and supplies, wetlands, floodplains, agricultural lands, wildlife, and other natural resources. B. Definition and Applicability: Residential cluster development means a residential development in which the buildings and accessory uses are clustered together into one or more groups separated from adjacent property and other groups within the development by intervening open land, unless deemed otherwise by the special permit granting authority. A.residential clus 8. SPECIAL PERMITS The Board is the special permit granting authority for all uses authorized in the Plainville Zoning By-Laws. The Applicant shall submit sufficient information, clearly and factually supported, to justify the issuance of a Special Permit. The Applicant shall: Identify the particular use and extent of activity proposed for the land and buildings, if any; Show that the authorization sought will be desirable and without substantial detriment to the public good; Support a finding that the relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Zoning By-Law. The Board shall determine that the use shall not be noxious, harmful or hazardous and that the use shall be socially and economically desirable and shall meet an existing or potential need. The beneficial effects upon the neighborhood and environment must outweigh the detrimental effects of development which could occur if the Special Permit were denied, and no reasonable alternative to accomplish the Applicant's purpose will be more compatible with the character of the neighborhood. The Board shall grant no Special Permit without consideration of site plans concerning the following if appropriate: 1. The extent of impervious areas, water supply, drainage and the layout and design of disposal facilities. 2. Provisions and conditions designed to prevent or correct conditions detrimental to water resources, health, safety and welfare. 3. Provisions and conditions to prevent pollution of ground and surface waters. The Board may refer applications to the Boards and officials for review and recommendations. An approved site plan, unless expressly waived, shall be a condition to all Special Permits. Such site plan shall be prepared by a Registered Engineer or a Registered Land Surveyor, at a scale of eigh r, 1990) (Amended A.T.M. June 7, 1999) (Amended A.T.M. June 6, 2005) 1.4 Board of Appeals There is hereby established a Board of Appeals of five members and three associate members to be appointed by the Selectmen, as provided in Chapter 40A of the General Laws, which shall act on all matters within its jurisdiction under this By-Law in the manner prescribed in Chapter 40A of the General Laws. The Board of Appeals shall have the following powers: 1.4.1 Appeals The Board of Appeals shall hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of Chapter 40A of the General Laws, by the regional planning agency or by any person including an officer or board of the Town, or of an abutting city or town aggrieved by an order or decision of the Building Inspector or other administrative official in violation of any provision of said Chapter 40A of this By-Law. The Board of Appeals established under this section shall be the permit granting authority provided under the provisions of MGL Chapter 40A with authority to hear and decide applications for permit requiring the waiver of strict compliance or the combination or replatting of lots as provided in Sections 2.5.4. and 2.5.5. of this By-Law. Such exceptions to the requirements of this By-Law may be granted provided the Board of Appeals finds that such a grant: 1. Would not in any substantial sense be detrimental to the immediate neighborhood; and 2. Would not in any substantial sense depreciate property values in the same neighborhood. 1.4.2 Special Permits Except as may be provided otherwise in this By-Law, the Board of Appeals established under this section shall be the special permit granting authority under this by-law and shall hear and decide applications for special permits subject to the special and general conditions of this by-law. No special permit may be issued except following a public hearing held within s Which entity is the special permit granting authority for cluster/flexible zoning? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] Planning Board" "[INST] Context: Section 205 Special Permits 205.01 Procedures A) The Special Permit Granting Authority may grant a special permit for certain uses and structures as authorized in Parts III and IV of this Bylaw, subject to conditions and procedures set forth herein and in other applicable sections of the Bylaw. B) Following application to the Building Inspector for a zoning permit, the applicant shall file a request for a special permit with the Town Clerk. Copies of the application, including the date and time of filing, certified by the Town Clerk, shall be filed forthwith by the applicant with the appropriate Special Permit Granting Authority and to such officer or board whose order or decision is being appealed. Application for a special permit shall be filed with required number of copies indicated on forms provided by the Special Permit Granting Authority and should include any plans or other documents advised previously by the Building Inspector. The Special Permit Granting Authority may require additional information as necessary to adequately judge the merits of the request. C) Applications for special permits shall be distributed immediately to the Planning Board, the Design Review Board, Fire Chief and the Board of Health, and the appropriate Village Steering Committee The reports of the Design Review Board and the Board of Health, and Village Steering Committee, which are advisory, shall be submitted to the Planning Board within twenty-one (21) days of filing of the applications The Planning Board shall transmit all such advisory reports to the Board of Appeals within thirty-five (35) days of the filing of the applications. **Webmasters Note: The previous subsection has been amended as per Case No. 1532 dated 2/12/01. D) Within thirty (30) days of filing of a special permit with the Board of Appeals the Planning Board shall evaluate the proposal with regard to the conditions and standards set forth herein and in the Rules of the Board of Appeals and shall submit an advisory report in writing to the Board of Appeals elopment consistent with the availability and adequacy of public facilities necessary to support development and to protect the public health, safety and welfare. The phasing of development, based on public facility conditions, will provide for orderly growth and development to meet projected demands while discouraging sprawl and leapfrog development patterns which create service inefficiencies, increase costs and cause scattered facility demands. Thus, for certain residential uses prescribed by Zoning District in part IV of the Zoning Bylaw, the Planning Board shall not grant a special permit unless the specified Adequate Facility Conditions are satisfied. This section is intended to provide for a detailed review by the Planning Board, aided by other Town boards, or residential uses at densities which will have a significant impact on the health, safety, and general welfare of the Town and its inhabitants due to their location and impact on or need for supporting public facilities. This provision is adopted pursuant to the authority of and purposes specified in the Zoning Act (Chapter 40A, Massachusetts General Laws annotated) which empowers Towns, among other things, to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other requirements; to conserve natural resources; and to encourage the most appropriate use of land throughout the community. B. Special Permit Required for Village Density Development 1. Except for cases specifically exempted below, prior to the issuance of any zoning permit for village density development, the applicant shall be required to obtain a special permit from the Planning Board. This requirement shall apply to developments approved after the effective date of this bylaw other than those exempted by state statute. 2. Inapplicability: This bylaw shall not apply to developments of one or more single-family units at a net density of one unit per sixty thousand (60,000) square feet or less: provided, however, that such de 3) Subsequent to the issuance by the Board of Appeals of a Special Permit for a P.I.J.D. Master Plan, special permits for phases thereunder shall be issued by the Board of Appeals, provided that such application for special permits for phases are consistent with the provisions of the Special Permit for the P.U.D, Master Plan and this Section 310. I) Modifications to Environmental Design Conditions. In a High Technology Planned Unit Development, the following modifications to Environmental Design Conditions shall apply: 1) Notwithstanding the provisions of Section 205.03(C)(1) and 205.03(C)(3), plans may be drawn to the scale of no greater than 1"" = 400' where practical and appropriate to the size of the proposal, and locus maps may be drawn to the scale of no greater than 1"" = 100,000'. 2) Notwithstanding the provisions of Section 205.03(C)(2), topography way be shown at no greater than five (5') foot contour intervals, and tree depiction and photograph sizes shall be as practical and appropriate to the size of the proposal. 3) Notwithstanding the provisions of Section 205.03(C)(4), plans submitted in connection with a Master Plan Special Permit shall contain a level of detail consistent with a master plan perspective, and shall not be required to indicate the precise location or contain all the elements otherwise required under Section 205.03(C)(4). The requirements of Section 205.03(C) (4) shall be met as a condition of issuance of a special permits for each phase of an approved P.U.D. Master Plan. J) Other Requirements. 1) Waivers with respect to dimensional and similar requirements in a P.U.D., or any other section of the Zoning Bylaw which may be incorporated by reference into this Section 310, may be authorized by the Board of Appeals in the special permit for the P.U.D. Master Plan and/or in the special permit for any phase of the P.U.D. upon a demonstration that the proposed waiver or modification is of high standards and that any departure from the general criteria will not violate the intent ng plans. c. The general land area, number of buildings or units within buildings and approximate floor area ratio shall be specified for the total site, for all common land, and for each area devoted to a different type of building or use, as delineated on the plan. d. The general location, size, and intended use of all Common Open Space or Facilities and the firm or organization intended to own and/or maintain same. e. The general location and size of all proposed structures including a schedule of various land use types; the general location of all roads, pedestrian circulation systems, method of water supply, sewage disposal, public utilities, method of surface water drainage disposal. f. A schedule showing the generally proposed times within which applications for special permits subject to Environmental Design Conditions for various phases to be applied for, which schedule may be subject to variation depending on market forces. g. A written statement by the landowner setting forth the reasons why an Open Space Mixed Use Development would be in the public interest and consistent with the objectives of this Section. h. Draft legal documents, as required, to provide for Reserved Land and Common Open Space or Facilities. 3. Processing of Application for Special Permit for an Open Space Mixed Use Development Master Plan. Application shall be processed, heard and acted upon as with any other application for a special permit, subject to Environmental Design Conditions. When deemed necessary by the Planning Board, an independent consultant may be retained by the Town at the expense of the applicant to review the findings of any report or submissions made hereunder. 4. Special Permit for an Open Space Mixed Use Development Master Plan. The Board may include, as a condition of the permit, the schedule of applications for special permit subject to Environmental Design Conditions for phases and any additional drawings, specifications and form of performance bond that shall accompany such. applications. The applicant shall, within twenty (20) days a the Planning Board and the Building Inspector; 2) A certified copy of its decision shall be mailed to the owner and to the applicant if other than the owner; 3) A notice of the decision shall be sent to the parties of interest and to persons who requested a notice at the public hearing; In addition: copies of the detailed record of its proceedings indicating the vote of each member and setting forth the reasons for said vote shall be filed at the office of the Town Clerk within 14 days of the said decision and all of the above shall be completed within 90 days after the public hearing date. H) No special permit shall take effect until notice of approval is recorded with the title of the land in question in the Plymouth County Registry of Deeds or the Plymouth Land Registry District and until a certified copy of said recording is transmitted to the Board of Appeals by the Registry. The responsibility and the cost of said recording and transmittal shall be borne by the owner of the land in question. A.petitioner, who seeks approval because of the special permit granting authority's failure to act on an appeal, variance, or special permit, must notify the Town Clerk in writing within fourteen (14) days from the expiration of said time limit for a decision, of such approval and that notice be sent by the petitioner to the parties in interest by mail which shall specify that appeals, if any, shall be made pursuant to section seventeen of M.G.L. Chapter 40A and shall be filed within twenty (20) days after the date of filing the request for approval with the Town Clerk by the petitioner. 205.02 Conditions and Safeguards A) The Board of Appeals shall not grant any Special Permit unless necessary conditions are satisfied, including but not limited to the following: 1) The proposed use is appropriate in the Zone and specific site in question, more particularly to promote the most appropriate use of land throughout the Town in accordance with a comprehensive plan, **Webmasters Note: The prev Which entity is the special permit granting authority for cluster/flexible zoning? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] Board of Appeals, Planning Board" "[INST] Context: fied within this bylaw which shall only be permitted upon issuance of a special permit. Special permits may be issued only for uses which are in harmony with the general purpose and intent of the bylaw, and shall be subject to the specific provisions established herein. Such permits may also impose conditions, safeguards, and limitations on time or use. B. Granting authority. (1) The Zoning Board of Appeals is designated as the granting authority for special permits as required under Article IV, Schedule of Permitted Uses, Uses Requiring Special Permit (except for Planned Unit Developments), § 415-22E, Land alteration regulations, and § 415-38, Shopping centers. Special permits may be granted upon application to the Zoning Board of Appeals and after consideration of recommendations as appropriate from other Town Boards and Agencies. (2) The Planning Board is designated as the Special Permit Granting Authority for Special Permits as required under Article VII, Planned Unit Developments, and Article IX, Planned Residential Development for Seniors, and as the reviewing authority for action under Article VIII, Site Plan Review. (3) The Special Permit Granting Authority shall adopt and from time to time amend rules relative to the issuance of such permits, and shall file a copy of said rules in the office of the Town Clerk. (4) There shall be one associate member of the Planning Board, who shall be eligible to participate solely in matters in which the Planning Board is acting as the Special Permit Granting Authority, in accordance with MGL c. 40A, § 9. The chairman of the Planning Board may designate the associate member to sit on the Planning Board for the purposes of acting on a special permit application, in the case of absence, inability to act, or conflict of interest, on the part of any member of the Planning Board or in the event of a vacancy on the Planning Board. The associate member shall be appointed for a two-year term by the Board of Selectmen, in accordance with § C-2.02K of the Town Charter and § 139-2E of the Town Bylaws. [Added 5-5-2008 ATM, Art. 68] C. In considering each application for a special permit, the granting authority shall: (1) Conduct a public Hearing held within nding the decision of the Board, the stop order shall remain in effect and all activity under the permit shall be suspended. (5) A special permit granted under this section shall lapse if a substantial use there of has not commenced, or in the case of a special permit for construction, has not begun, within two years of the date of the permit, notwithstanding the provision of MGL c. 40A, § 9. E. Permits by zoning enforcement officer in certain emergencies. Where an existing and occupied dwelling or structure has been accidentally damaged or destroyed by fire or other cause, the Zoning Enforcement Officer may issue a permit to the affected occupants for their temporary use of a mobile home, or other suitable shelter, on the premises so damaged or destroyed. Such permit shall be issued only to alleviate the immediate hardships caused by the unforeseen emergency, shall not be transferable, and neither the original permit nor any renewals thereof shall extend the use beyond six months from the date of the accidental loss, and shall be on such terms and conditions as the said Officer may prescribe. F. Provisions relating to conversions and/or renovations of existing factories or other industrial building or buildings in the I-1 zoning district. [Added 5-7-2007 ATM, Art. 36] (1) It is the intent and purpose of this section to provide a method to rehabilitate, renovate and/or convert old, decaying, under utilized, abandoned or decrepit factories or other industrial buildings with the I-1 zoning district to multifamily residences, or multifamily residences and uses otherwise allowed in the zoning district by right or by special permit. (2) Conversion, rehabilitation and/or renovation of factories or other industrial building or buildings will be allowed under the Special Permit process pursuant to this section provided that: (a) Exterior design shall be in harmony with neighborhood and general character of the Town; (b) Landscaping will be included in the conversion to enhance conversation; (c) Each dwelling unit's floor area will not be less than 650 square feet; and (d) The other applicable provisions of this section are compiled with. Notwithstanding anything contained in § 415-22F of can accommodate and the basis for these calculations; [4] If applicable, a written statement that the proposed facility complies with, or is exempt from applicable regulations administered by the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health; [5] The applicable review and advertising fees as noted in the application guidelines. (d) The applicant must produce and file proof of authorization for the location proposed, such as a deed, lease, license or preliminary approval of same, such as a letter of intent. (e) Nothing contained in this bylaw shall preclude the SPGA from requesting additional information related to the subject of the applications, which information shall be provided by the applicant. F. Criteria for review and approval: (1) The SPGA shall review all applications for communications facilities and shall find: (a) That the location of the facilities is suitable and the size, height, and design is the minimum necessary for that purpose; (b) That the proposed facility will not adversely impact historic structures or scenic views. (c) That there are no feasible alternatives to the location of the proposed facility (including co-location) that would minimize their impact and that the applicant has exercised good faith in permitting future co-location of facilities at the site. (d) That the proposed facility is in compliance with Federal and State requirements regarding aviation safety. The findings, including the basis for such findings, of the Board shall be stated in the written decision of approval, conditional approval, or denial of the application for Special Permit. (2) The Board shall also impose, in addition to any applicable conditions specified in the bylaw, such applicable conditions as it finds reasonably appropriate to safeguard the neighborhood or otherwise service the purposes of this bylaw, including, but not lim Town Charter and § 139-2E of the Town Bylaws. [Added 5-5-2008 ATM, Art. 68] C. In considering each application for a special permit, the granting authority shall: (1) Conduct a public Hearing held within 65 days after filing of an application by certified mail with the granting authority, a copy of which shall also be sent by certified mail to the Town Clerk. The date of filing shall be the postmark date of the application. When an application requires a number of copies of plans, specifications, and other supporting documents, the application shall be filed by mail as above, and the supporting data delivered by the applicant to the granting authority within five days of the postmark date of the application; (2) Take final action upon an application within 90 days following a public hearing for which notice has been given as provided in MGL c. 40A, § 11. D. Revocation/lapse of special permits. (1) Any special permit shall be suspended or revoked for breach of the conditions contained therein. (2) Upon such revocation or suspension, the Granting Authority shall give written notice and reasons therefore to the permit holder. Upon such written notice, the Enforcement Officer shall issue an order to stop all activity under the permit. (3) The permit holder may, within 14 days, take action to eliminate the alleged breach of conditions and, by written request, may obtain an inspection by the Enforcement Officer. The latter shall immediately report his findings in writing to the Granting Authority, with a copy to the permit holder. If the alleged breach of conditions has been eliminated, the suspension or revocation of the permit shall automatically terminate as of the date of the Enforcement Officer's report. If the permit holder does not avail himself of the above procedure within the allotted time period, the permit shall be considered permanently revoked. (4) The stop order described above may be appealed to the Zoning Board of Appeals, as provided in Article XII of this bylaw. Pending the decision of the Board, the stop order shall remain in effect and all activity under the permit shall be suspended. (5) A special permit granted under this section shall lapse if a substantial use t application for a Special Permit is filed with the SPGA under this section, the SPGA shall transmit within 10 days of the filing of the completed application, copies of the application and other documentation to the Town Clerk and to the Zoning Board of Appeals, Water Commission, Sewer Commission, Board of Health, Conservation Commission, Building Department, Highway Department, Fire Department, Police Department, Town Engineer, Town Counsel, and Board of Selectmen for their consideration, review and report. The copies necessary to fulfill this requirement shall be furnished by the applicant upon submittal. Any such reviewing party to which Special Permit applications are referred for review shall make such recommendations as they deem appropriate and shall send copies thereof to the SPGA and to the applicant. Failure of these reviewing parties to make recommendations within 35 days after having received copies shall be deemed a lack of opposition thereto. C. The SPGA may require the applicant to provide projections of traffic impacts, to aid the SPGA in determining whether the grant of the Special Permit would serve the purposes of the bylaw. D. The SPGA may engage, at the expense of the applicant, professional, technical, and/or legal consultants to review the application, pursuant to MGL c. 44, §§ 53G and 53E 1/2. § 415-74. Ownership of common land. Required open space shall be set aside as common land. Said common land shall either be conveyed in whole or in part to the Town of Rockland and accepted by it for park or open space use, or be conveyed to a nonprofit organization whose principal purpose is the conservation of open space, or be conveyed to a corporation or trust owned or to be owned by the owners of the dwelling units within the PRDS. The SPGA shall approve the form of ownership of the common land. The conveyance of conservation trail easements for the benefit of the public shall be encouraged, where appropriate. If the common land or any portion thereof is not conveyed to the Town of Rockland, a perpetual restriction, a Which entity is the special permit granting authority for cluster/flexible zoning? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] Planning Board" "[INST] Context: ng shall be held within sixty-five (65) days after filing of an application in accordance with Massachusetts General Laws, Chapter 40A. (4) Failure of the planning board to take final action upon an application within ninety (90) days following the date of the public hearing shall be deemed to be a grant of the permit applied for. (5) After a notice and public hearing as set forth above, the planning board, by a two-thirds ( 2/3) vote, may grant such a special permit provided that: a. If the surrounding area is residential in nature or is land reserved for conservation use, or is land which the board determines to be appropriate for such a requirement, a seventy-five-foot buffer zone shall be provided on the parcel being proposed for development within which no construction or disturbance of land, excepting approved landscaping or screening, shall take place. b. To enhance the quality of the development and to maintain adequate open space, ten (10) percent of all land area must be maintained as open space. No construction of any kind shall take place in such area. c. Parking and loading requirements: Parking and loading requirements shall be met as defined in sections 7-3 and 7-4 of this article or as required by the planning board. d. Screening and landscaping: The proposed development shall properly screen all buildings, structures and other construction with vegetative landscaping, earth berms, fencing or other appropriate screening as determined by the planning board. e. Waivers and further conditions: The planning board may, in appropriate cases as it determines, impose further restrictions upon the business park development or parts thereof as a condition to granting the special permit and may waive any defined restrictions and requirements as deemed inappropriate by the planning board. f. Complementary and ancillary uses: In addition to the uses set out as permitted uses in the Business Park Development District in section 5-2, the development of other uses shall also be allowed at the discretion of the planning board, if the board determines that such use will ed districts after holding a public hearing. k. Notwithstanding anything in these zoning regulations to the contrary, sales of individual dwelling units in multifamily dwellings or otherwise, constituting townhouses, row houses or attached houses or the like, may be made without compliance with the residential density regulations appearing in this ordinance, excepting only that a minimum lot area of each dwelling unit shall be one thousand (1,000) feet. (6) Notwithstanding the ""specifically excluded"" list of uses specified in paragraphs (b) and (c) of this section, certain other uses will be allowed by special permit for certain multifamily complexes. Therefore, multifamily (apartment) buildings and developments complying with the following basic minimum requirements may have the hereinafter permissive special permit uses built and occupied as part of the development: a. The hereinafter listed special permit uses may be built and occupied by a special permit issued by the board of appeals as required by section 9-4 hereof. The basic minimum requirement shall not be changed. If any change in the basic requirement is made, the special permit use shall cease forthwith. The basic requirements are: 1. There shall be a minimum of one hundred fifty (150) dwelling units in the building or buildings. 2. The ownership title to all buildings and all land shall be held in a single ownership, either by a corporation or an individual. 3. All multifamily buildings shall be built and so located that no other type of building except a multifamily dwelling shall occupy any part of the land or development. 4. The area occupied by all businesses permitted by the special permit uses shall be within a multifamily dwelling or may be in an ell or wing, providing the ell is more or less attached to the main building. 5. The areas required for such special permit occupancy shall be predetermined so as to prevent locating such businesses in a haphazard manner. It is the intention of this provision to concentrate the business into one (1) general area to create a ""local business area"" with ter 40A and unless said application complies in all other respects with provisions of this zoning ordinance. (d) Violation of such conditions and safeguards as are made a part of the terms under which the special permit is granted shall be deemed a violation of this ordinance. (e) Failure by a special permit granting authority to take final action upon an application for a special permit within ninety (90) days following the date of public hearing shall be deemed to be a grant of the permit applied for. (f) Construction or operations under a special permit shall conform to any subsequent amendment of this ordinance, unless the use or construction is commenced within a period of not less than six (6) months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. (g) Any special permit granted under this section shall lapse within two (2) years, and including such time required to pursue or await the determination of an appeal from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause. Sec. 9-5. Variances. (a) In authorizing, upon appeal or petition in specific cases, a variance from the terms of this ordinance, the board of appeals shall determine that such variance will not be contrary to the public interest and that, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. (b) A variance from the terms of this ordinance shall not be granted by the board of appeals unless and until: (1) A written application for a variance is submitted, demonstrating that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildin ard of health and conservation commission, who may at their discretion investigate the application and report in writing their recommendations to the planning board. The planning board shall not take final action on such plan until it has received a report thereon from the inspector of buildings, city engineer, board of health and conservation commission or until thirty-five (35) days have elapsed after distribution of such application without a submission of a report. The planning board shall hold a public hearing on said application as soon as possible after receiving the above reports, in accordance with Chapter 40A of the Massachusetts General Laws. The planning board shall notify the applicant in writing of its decision on the special permit. The decision shall document the proposed development or use and the grounds for granting or refusing the special permit. The planning board may, as a condition of approval, require that the applicant give effective notice to prospective purchasers, by signs or by recording the special permit at the registry of deeds, of the wetland or flood hazard conditions associated with said premises and the steps undertaken by the petitioner or his successor in title to alleviate the effects of same. (f) Area and yard regulations. The portion of any lot within the wetlands and/or flood hazard districts may be used to meet the lot area, open space and yard requirements for the underlying zoning district in which the lot is situated without application for a special permit. (g) Variances. A variance may be granted from the provisions of this section in accordance with the terms of this zoning ordinance and with the terms of Massachusetts General Laws, Chapter 40A, Section 10, but only upon the following additional terms and conditions: (1) A special permit has been applied for in accordance with this section and has been denied. (2) The board of appeals shall only grant a variance from the provisions of this section upon: a. A showing of good and sufficient cause; b. A deter clerk that twenty (20) days have elapsed and no appeal has been filed or that if such appeal has been filed it has been dismissed or denied, is recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of tile. The fee for recording or registering shall be paid by the owner or applicant, and the board of appeals shall notify the applicant of his responsibility for filing with the registry of deeds. Sec. 9-4. Special permits. (a) In hearing and deciding applications for special permits, the board of appeals shall decide such questions as are involved in determining whether such special permit should be granted and shall grant special permits with such conditions and safeguards as are appropriate under this ordinance or shall deny special permits when not in harmony with the purpose and intent of this ordinance. The board of appeals shall not have the power to grant any special permit where use of land or structure is specifically excluded from the district. (b) The board of appeals may authorize the issuance of a special permit for a change to another nonconforming use of an existing nonconforming building or use or its alteration or enlargement, provided that the board finds that the use as changed, altered or extended will not depart from the intent of this ordinance and its prior use or degree of use; provided that such building or use is neither increased in volume nor area unreasonably. (c) A special permit shall not be granted by the board of appeals unless and until written application for the special permit is made, stating the grounds on which such permit is requested and public notice and hearing is held in accordance with Chapter 40A and unless said application complies in all other respects with provisions of this zoning ordinance. (d) Violation of such conditions and safeguards as are made a part of the terms under which th Which entity is the special permit granting authority for cluster/flexible zoning? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] I don't know" "[INST] Context: gnated operator, and the SPGA, shall be executed which defines the terms of and responsibility for the maintenance as required by the SPGA. Said agreement shall constitute a condition of the Special Permit. An additional bond shall be posted, in the form of a separate passbook account in an amount to be set and approved by the SPGA, to be utilized for maintenance of the facility and its access road and screening in the event the maintenance agreement to be executed between the SPGA and the applicant is not complied with to the on-going satisfaction of the SPGA. 4.15.7. Site Plan Approval a. Site Plan Approval by the Planning Board is required for the siting and construction of all wireless telecommunication facilities as defined above in Section 4.15.2 of this Bylaw. If modification of a previously issued Special Permit is sought, the Planning Board may require approval of a new site plan. b. Site Plan review by the Planning Board may be conducted concurrently with the proceedings and public hearings of the Special Permit application as defined in Section 4.15.4 of this Bylaw. c. Site Plan applications shall be made in conformance with the Site Plan Section (Section 7) of this Protective Zoning Bylaw, and in conformance with the Site Plan Review Regulations adopted by the Shirley Planning Board. 4.16 Infill Residential Uses (Added 11-01-05) Where Infill Residential Uses are allowed by Special Permit from the Planning Board, the following additional requirements shall apply. 4.16.1. Affordable Housing Requirement. The Planning Board may issue a Special Permit to authorize the construction of a single-family dwelling or a two-family dwelling on a lot which does not meet the minimum lot area or frontage requirement, provided that the single-family dwelling or one unit in a two-family dwelling is affordable housing as defined in this Bylaw. 4.16.2. Affordable Housing Use Restriction. Prior to obtaining a building permit, the applicant shall record an affordable housing restriction or regulatory agreement at the R er open space; 7. Economic effect and general compatibility and harmony with adjacent properties and other property in the district; 8. The comments and recommendations of the Planning Board have been considered where the Special Permit has been submitted to the Planning Board and the Planning Board has submitted its recommendations as required by this Bylaw. Reasons for not accepting any of the comments and recommendations of the Planning Board shall be noted. c. A Special Permit shall only be issued following a public hearing held within sixty-five (65) days after filing of an application with the Special Permit granting authority, a copy of which shall forthwith be given to the Town Clerk by the applicant. Within ten (10) days after receipt of the application for a special permit under this section, the Board of Appeals shall transmit copies thereof, together with copies of the accompanying plans to the Board of Health, the Planning Board, and the Conservation Commission. All such boards shall investigate the application and report in writing their recommendations to the Board of Appeals. The Board of Appeals shall not take final action on such application until it has received a report thereon from the Board of Health, Planning Board and the Conservation Commission or until said Boards have allowed thirty-five (35) days to elapse after receipt of such application without submission of a report. Failure by the permit granting authority to take final action upon the application for a Special Permit within ninety (90) days of date of the public hearing shall be deemed a grant of the permit applied for and the Town Clerk shall certify forthwith. A Special Permit granted pursuant to this section shall lapse after two (2) years, including such time required to pursue or await the determination of an appeal from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause, or in ce to the contrary that such co-location is not feasible. h. Facilities shall be removed upon cessation of use, at the sole expense of the owner(s) of the facility defined in Section 4.15.6.a below. Use of the facility shall be determined to have ceased when it has not been in use for a period of twelve (12) continuous months, of for a total of eighteen (18) out of the last thirty (30) months. Records shall be submitted to the SPGA annually indicating the usage of the facility over the previous twelve (12) months, and its current operational status. Such information shall be a condition of the Special Permit. i. All wireless telecommunications facilities shall comply with all applicable standards and regulations of the Federal Communications Commission (FCC), Federal Aviation Administration (FAA), the American National Standards Institute, the Massachusetts Aeronautics Commission, and the Massachusetts Department of Public Health. The SPGA may require annual certification demonstrating continuing compliance with regulations and requirements of any or all of the above regulatory agencies as a condition of the Special Permit. j. If the SPGA determines that independent review of the Special Permit is required, it may require the applicant to pay a review fee consisting of reasonable costs to be incurred by the SPGA for the employment of outside consultants pursuant to rules adopted by the SPGA as authorized by M.G.L. Chapter 44, Section 530. 4.15.4. Special Permit (revised 6/8/2009) a. The Shirley Planning Board is hereby designated the Special Permit Granting Authority (SPGA) to grant Special Permits for wireless telecommunications facilities. Special Permits shall be administered according to Section 10.3 ""Issuance of Special Permits"" of the Shirley Protective Zoning Bylaw. b. Expiration/Renewal 1. A Special Permit granted under this Bylaw shall expire within two (2) years of the date of issuance of the permit. Prior to the expiration of the Special Permit, the applicant shall make application to the SPG 4.SPECIAL REGULATIONS 4.1 Multi-Family Housing (Revised 11-01-05) In any district where multi-family housing is a permitted or special permitted use, it shall be subject to the following requirements, except that multi-family units in an Low Impact Development shall comply with the regulations in Section 4.2A of this Bylaw. 4.1.1.Site Plan Review Multi-family housing is subject to Site Plan Review under Section 7 of this Bylaw. 4.1.2.Maximum Density a. Where conversion of an existing single-family dwelling to three multi-family units is a permitted use or a use allowed by special permit, the minimum lot area shall be at least 1.5 times that of the applicable minimum lot area for a single-family dwelling. b. For multi-family housing of four (4) units or more, the maximum density is as follows: District,Maximum Density R-3,""20,000sf for the first unit plus 10,000sf for each additional dwelling unit, up to a maximum of 24 units"" ""Village Business, Mixed-Use, or Commercial District"",""20,000sf for the first unit plus 10,000sf for each additional dwelling unit, up to a maximum of 36 units"" c. More than one principal building may be permitted on a single lot by Special Permit from the Planning Board. No principal building may contain less than three (3) units nor more than six (6) units unless waived by the Planning Board. 4.1.3.Affordable Housing Requirement a. To qualify for a Special Permit for multi-family housing of four or more units, the applicant must include housing affordable to low- or moderate-income households as defined in this Bylaw, as follows: the seventh unit and every sixth unit thereafter shall be a low- or moderate-income housing unit. Nothing in this section shall preclude an applicant from providing more low- or moderate-income housing units than the minimum required by this Bylaw. b. All low- and moderate-income affordable units shall be subject to an affordable housing restriction pursuant to M.G.L. c.184. c. The Building Inspector shall not issue an occupancy permit to the applicant without A Special Permit granted under this Bylaw shall expire within two (2) years of the date of issuance of the permit. Prior to the expiration of the Special Permit, the applicant shall make application to the SPGA for renewal of the Special Permit for an additional two (2) year period. Said renewal shall not require the technical submissions of the original application, provided that conditions of the site and facility have not changed materially from the original application. A certification by a Structural Engineer licensed in the Commonwealth of Massachusetts as to the condition and structural integrity of the tower and its antennas shall accompany every application for renewal. 2. Any transfer of licenses or equipment, shall require the new owner to re-apply for a Special Permit under the requirements of this Bylaw. Special Permits shall not be transferable under this Bylaw. c. Application All applications for a Special Permit for a wireless telecommunications facility shall be submitted on forms provided by the SPGA and shall include at a minimum the following supporting information: 1. A locus plan at a scale of l inch=1000 feet which shall show all property lines, the exact location of the proposed structure(s), streets, topography in a general manner including significant landscape features, residential dwellings and neighborhoods within 1000 feet of the site, all buildings within 500 feet of the proposed facility, and all other wireless telecommunications towers within two (2) miles of the proposed site. 2. A color photograph of the proposed site from the five (5) clearest vantage points with a scale rendition of the appropriate view of the proposed tower superimposed over the photographs. 3. Ten (10) copies of a plan conforming to requirements for a Site Plan set out in Section 7 of the Protective Zoning Bylaw and in the Site Plan Review Regulations adopted by the Shirley Planning Board. 4. Documentation consisting of a Technical Report prepared by a Professional Engineer registered in the Commo Which entity is the special permit granting authority for cluster/flexible zoning? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] I don't know" "[INST] Context: ng permit or to any other Board or Town Officer seeking permission for a special use. After a hearing as required herein, the Board of Appeals may grant permission for any uses on that portion of the Applicant's land shown by the Applicant not to be in a Wetland, Flood Hazard, or Watershed Area; provided that such uses shall be consistent with this Wetlands Protection By-Law to the extent that all or any portion of such land continues to be classified as a Wetland, Flood Hazard or Watershed District and provided further that the Applicant shall have demonstrated that all of the following four conditions have been satisfied: (I) The request shall have been referred by the Applicant, along with a copy of the site plan to the Board of Selectmen, the Planning Board, the Board of Health, the Conservation Commission, and the Landscape Review Board and shall have been reported upon by all five Boards or thirty (30) days shall have elapsed following such referral without receipt by the Board of Appeals of such reports; and (ii) The land or the designated portion thereof shall have been shown by the Applicant not to be a Wetland, Flood Hazard or Watershed Area (notwithstanding the fact that the land or the designated portion thereof is shown on the Wetland Map to lie within a Wetland, Flood Hazard, or Watershed District) in whole or in sufficient part to permit the contemplated use. Such showing by the Applicant shall be on the basis of engineering, hydrological and topographical conditions determined by reference to the Engineering Presumption set forth in this Wetlands Protection By-Law, and should include an analysis of the vegetation on the land in accordance with the definitions in Chapter 818 of the Acts of 1974; and (iii) The proposed use, if any, will not be detrimental to the public health, safety, or welfare nor will it be inconsistent with the purposes of this Wetlands Protection By-Law; and (iv) The proposed use, if any, will comply in all respects with all applicable zoning and other provisions within the jurisdiction of the Board of Appeals which govern uses in the underlying Zoni , in whole or in part, within such Districts or is exempt from the provisions of this Wetlands Protection By-Law, he may request such further information of the Applicant as he may reasonably require to make his determination. Subsequent to a determination by the Building Inspector that any portion of the tract identified in the application lies within the Flood Hazard, Wetland or Watershed Districts or is subject to the provisions of this Wetlands Protection By-Law the Building Inspector shall not issue a building permit unless he has determined that: a. The proposed use of the tract, any part of which is located within a Flood Hazard, Wetland or Watershed District, is shown by the Applicant to comply strictly with the uses and area restrictions permitted or required in such Districts under Sections 4A, 4B, and 4C above; and b. The proposed uses otherwise comply with the provisions of this Zoning By-Law and with any other local, state or federal laws, regulations or ordinances the enforcement of which is the responsibility of the Building Inspector. If the Building Inspector shall determine that no approvals, special permits or variances are required by the Applicant under this Wetlands Protection By-Law, he shall so indicate in writing on the Plan and by letter to the Applicant and all other required approvals may thereafter be sought by the Applicant including without limitation any approvals which may be required under State Wetland Protection Laws, without regard to this Wetland Protection By-Law. In all other instances relative to this Wetlands Protection By-Law, the Building Inspector shall promptly notify the Applicant by certified mail, return receipt requested, that this By-Law prohibits the contemplated use, and shall advise the Applicant of his right to appeal the Building Inspector's decision to the Zoning Board of Appeals. 6. Zoning Board of Appeals. a. Appeals and Applications for Special Permits Generally. An appeal may be taken to the Zoning Board of Appeals by any Applicant aggrieved by a decision of the Building Inspector and a special permit ma f approved, will not cause substantial detriment to the public good or impair the purposes and intent of this By-Law. (Amended by action of Town Meeting, April 24,1978, Article #64) (Amended by action Special Town Meeting, May 3,1999 Article #5) K. Special Permits. The Board shall have the power to hear and decide on applications for special permits for exceptions. 1. in applying for a Special Permit, the applicant need not demonstrate hardship, since the basis for the action is of general benefit to the Town as a whole. In granting a Special Permit, the Board, with due regard to the nature and conditions of all adjacent structures and uses, and the District within which the same is located, shall find all of the following general conditions to be fulfilled: (a) The use requested is listed in Table of Use Regulations as a Special Permit in the District for which application is made: (b) The requested use is essential or desirable to the public convenience or welfare: (c) The requested use will not create undue traffic congestion, or unduly impair pedestrian safety: (d) The requested use will not overload any public water, drainage or sewerage system or any other municipal system to such an extent that the requested use or any developed use in the immediate area or in any other area of the town will be unduly subjected to hazards affecting health, safety, or the general welfare: (e) Any special regulations for the use, set forth in Section XI, are fulfilled: (f) The requested use will not impair the integrity or character of the District or adjoining zones, nor be detrimental to the health, morals, or welfare. 2. The Special Permit Application must be filed with the Town Clerk who shall transmit the application to the Special Permit Granting Authority. The effective date of filing is the date the application is filed with the Town Clerk. Special Permits shall only be issued after a pu erent planning approach to the remainder of the SCMUOD. The goal of creating Area B is to preserve the physical character of the Area while allowing architecturally appropriate additions and re-use of buildings. [3.0] Special Permit Granting Authority a) For all purposes pursuant to Section 3.0 of the SCMUOD, the Planning Board is hereby designated as the Special Permit Granting Authority (SPGA). All Special Permit applications made pursuant to the SCMUOD by-law shall conform to the standards and criteria and procedural provisions of the SCMUOD by-law and all relevant procedural provisions in Section X-K of the current Stoughton zoning by-laws, except that, wherever Section X-K refers to 'Board' or 'Zoning Board of Appeals', this shall mean the SPGA for the purposes of the SCMUOD by-law. b) The SPGA shall adopt and maintain Stoughton Center Design Review Guidelines to support the standards and criteria contained within the SCMUOD by-law. [4.0] Uses Allowed by Special Permit All uses allowed by right in the underlying zoning district are permissible by Special Permit in the SCMUOD unless listed below as being prohibited. [4.1] Permitted Uses No building or structure shall be designed, arranged or constructed and no building, structure or land shall be used, in whole or in part, for any purpose other than for one or more of the uses herein set forth as permissible by Special Permit. These uses may be combined within a single structure. Within the SCMUOD, the SPGA may issue a special permit for the following uses: a) Dwelling units located above a retail, restaurant, professional office and service, personal service, or other non-residential use(s) at ground level, provided that no more than 10% percent of thy total number of dwelling units at any one time be units of 3 or more bedrooms; b) Multistory parking structures, provided that the structure complies with the design standards for pa TABLE OF USE REGULATIONS Residential Business Industrial R-M Principle Uses R-U R-C R-B R-A CBD GB NB HB ! RESIDENTIAL I One-family detached - - - P P - - P - P dwelling - - P - - S - - 2 Two-family dwelling (Amended by action of Special Town Meeting, November 12,1996, Article #7 ) 3 Multifamily dwelling provided that no more than 10% of the total number of units at any one time be units of - - - - - P - three or more bedrooms - - S 4 Cluster residential development (see - - - - - - - - S S Section XI-D) 5 Planned Unit Development (See Section XI-E) (Deleted by action of Town Meeting, June 10, 1974, Article #3 ) 6 ( Deleted by action of Town Meeting, March I, 1971, Article #40 ) 7 Conversion of existing (as of September 8, 1970) dwelling structure to multifamily dwelling provided the total number of units in the converted dwelling structure shall not exceed four dwelling - - - - P units S S S (Amended by action of Town Meeting, January 17, 1977, Article #17 and March I, 1977, Article #41 and April 24, 1978, Article #53) 8 Planned multifamily develop- ment provided that no more than 10% of the total number of units at any one time be units of three or more - - - - P bedrooms S (Amended by action of Town Meeting, April 24, 1978, Article #53 ) nonresident structures to multifamily structures containing five or more, dwelling units (See Section XI-J),S - - - - - - S Which entity is the special permit granting authority for cluster/flexible zoning? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] I don't know." "[INST] Context: the office of directors and officers of the corporation or non-profit organization or of trustees of the trust; f. Procedures for the conduct of the affairs and business of the corporation, trust or non-profit organization, including provisions for the calling and holding of meetings of members, directors and officers of the corporation or non-profit organization or beneficiaries and trustees of the trust, and provisions for quorum and voting requirements for action to be taken. Where the common land is to be owned by a corporation or trust owned or to be owned by the owners of dwelling units within the cluster development, each owner of a dwelling shall have voting rights proportional to his ownership or beneficial interest in the corporation or trust; g. Provisions for the management, maintenance, operation, improvement and repair of the common land and facilities thereon, including provisions for obtaining and maintaining adequate insurance and where applicable levying and collecting from the dwelling owners common charges to pay for expenses associated with the common land, including real estate taxes. Where the common land is to be owned by a corporation or trust owned or to be owned by the owners of dwelling units within the cluster development, it shall be provided that common charges are to be allocated among the dwelling owners in proportion to their ownership or beneficial interests in the corporation or trust and that each dwelling owner's share of the common charges shall be a lien against his real estate in the Cluster Development which shall have priority over all other liens with the exception of municipal liens and first mortgages of record; h. The method by which such instrument or instruments may be amended. 5150. Application for a Special Permit. Any person who desires a special permit for a Cluster Development shall submit a written application to the Planning Board. Each such application shall be accompanied by the following information: 5151. A ""Cluster Development Sit h the purposes of Cluster Development as stated herein; the Cluster Development duly considers the existing and probable future development of surrounding areas; the layout and design of the Cluster Development minimizes disturbance to the natural site features; the Cluster Development responds to the recommendations of Town Boards and Agencies; the granting of the special permit would not result in unsuitable development of the land in question; and the development of the tract as a conventional subdivision would not be consistent with the purposes of this Section. 5171. Special Permit Conditions. The Planning Board shall grant a special permit for a Cluster Development if it appears that the granting of such permit will be consistent with the intent of cluster development, and will result in suitable development in compliance with the standards enumerated in this bylaw. The Planning Board may impose further restrictions upon the tract as a condition to granting the special permit as the Planning Board shall deem appropriate to accomplish the purposes of this bylaw. 5172. Common Land Conveyance. If a special permit is granted under this section, the Planning Board shall impose as a condition that the common land shall be conveyed, free of any mortgage interest, security interest, liens or other encumbrances and subject to a perpetual restriction of the type described above, prior to any construction or alteration of the land. The petitioner shall provide satisfactory assurance of said conveyance recording in the form of copies of the recorded instruments bearing the recording stamp. 5173. Changes of Cluster Development Plan. Any change in the number of lots, the layout of ways, any significant changes in the common open land, its ownership or use, or in any conditions stated in the original special permit shall require that a new special permit be issued in accordance with the provisions of this Bylaw. 5174. Limitation of Subdivision. No lot shown on a plan for which a permit is granted under this section may b es a special permit for a Cluster Development shall submit a written application to the Planning Board. Each such application shall be accompanied by the following information: 5151. A ""Cluster Development Site Plan"" showing, as a minimum, all of the information required for a definitive subdivision plan, as specified in the Town of Sudbury, Subdivision Rules and Regulations, as amended, and showing the following additional information: a hydrogeologic description of the suitability of the site and all of its subareas for development of potable water supply; soil characteristics as shown on Soil Conservation Service Maps; resource areas as defined by G.L. c. 131, s.40, including delineation of the official wetland area boundaries as accepted by the Sudbury Conservation Commission; existing floodplain boundary lines; proposed location of dwellings, all setback lines, garages, driveways, lighting, signs; proposed and existing wells and septic systems on the parcel and abutting properties; existing and proposed grades of the land; existing perimeter of trees; proposed landscape features (such as fences, walks, planting areas, type, size and location of planting materials, methods to be employed for screening); the proposed use of the common land including improvements intended to be constructed thereon, and the proposed ownership of all common land and any other information required by the Planning Board. 5152. Preliminary Subdivision Plan showing the development of the tract under the provisions of the Zoning Bylaw without regard to this section. Such plan shall generally conform to provisions described in the Rules and Regulations governing the subdivision of land for a Preliminary Subdivision Plan. Drainage design and calculations are not necessary. Such plan shall be accompanied by a report from the Board of Health stating which lots on said plan contain soil conditions suitable for sub-surface sewerage disposal in accordance with rules and regulations of the Town of Sudbury and applicable laws of the Commonwealt cability. The Planning Board, acting as Special Permit Granting Authority, may grant a Special Permit for construction of an Incentive Senior Development and accessory structures, in the following zoning districts: Single Residence ""A"", Single Residence ""C"", Limited Business, Village Business and Research District. 5430. Standards. The following standards shall apply to all Incentive Senior Developments: 5431. Tract Qualification. At the time of granting a special permit by the Planning Board, the property under consideration for an Incentive Senior Development shall be located on a contiguous parcel, not separated by a public or private way, with definite boundaries ascertainable from a recorded deed or recorded plan, having an area of at least 10 acres. For parcels greater than 20 acres, parcels may be separated by a private or public way. 5432. Age Qualification. An Incentive Senior Development shall constitute housing intended for persons of age fifty-five (55) or over within the meaning of M.G.L. c151B, §4, §6 and 42 USC §3607(b)(2)(c), and in accordance with the same, one hundred percent (100%) of the dwelling units in an Incentive Senior Development shall each be owned and occupied by at least one person fifty-five (55) years of age or older per dwelling unit, and such development shall be operated and maintained in all other respects in compliance with the requirements of said statutes and regulations promulgated pursuant thereto. In the event of the death of the qualifying owner/ occupant(s) of a unit, or foreclosure or other involuntary transfer of a unit in such a development, a two-year exemption shall be allowed for the transfer of the unit to another eligible household. 5433. Applicant Qualifications. The applicant for a Special Permit under the provisions of this section shall be the owner of the tract proposed for such Development or be authorized in writing by the owner to apply for and be issued such Special Permit, and shall establish to the satisfaction of the Planning Board that the applicant has knowledge, experience and financial resources su shall require that a new special permit be issued in accordance with the provisions of this Bylaw. 5174. Limitation of Subdivision. No lot shown on a plan for which a permit is granted under this section may be further divided so as to reduce the area of any lot for the purpose of creating an additional building lot(s) and a condition to that effect shall be shown on the recorded plan and on each deed conveying building lots on said plan. 5180. Rules, Regulations and Fees. The Planning Board shall adopt, and from time to time amend, Rules and Regulations consistent with the provisions of this bylaw, G.L. c. 40A and other applicable provisions of the General Laws, and shall file a copy of said Rules and Regulations with the Town Clerk. Such Rules shall prescribe as a minimum, the size, form, contents, style and number of copies of plans and specifications, the town board or agencies from which the Planning Board shall request written reports, and the procedure for submissions and approval of a Cluster Development Special Permit. Nothing contained herein shall in any way exempt a proposed subdivision from compliance with other applicable provisions of these bylaws or the Subdivision Rules and Regulations of the Planning Board, nor shall it in any way affect the right of the Board of Health and of the Planning Board to approve, with or without conditions and modifications, or disapprove a subdivision plan in accordance with the provisions of such Rules and Regulations and of the Subdivision Control Law. 5200. FLEXIBLE DEVELOPMENT. 5210. Purpose. The purpose of Flexible Development is to allow development to be sited in the most suitable areas of a property; to allow for greater flexibility and creativity in the design of residential developments; to facilitate the construction and maintenance of streets, utilities and public services in a more economical and efficient manner; to encourage a less sprawling form of development; and to minimize the total amount of disturbance on the site. 5220. Applicability. The P Which entity is the special permit granting authority for cluster/flexible zoning? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] Planning Board" "[INST] Context: s of the corporation, non-profit organization or trust including provisions for the calling and holding of meetings of members and directors and/or officers of the corporation or non-profit organization or beneficiaries and trustees of the trust and provision for quorum and voting requirements for action to be taken. Each owner of a dwelling shall have voting rights proportional to his ownership or beneficial interest in the corporation, non-profit organization or trust. Provision for the management, maintenance, operation, improvement and repair of the Common Open Space and facilities thereon, including provisions for obtaining and maintaining adequate insurance and levying and collecting from the dwelling owners common charges to pay for expenses associated with the Common Open Space, including real estate taxes. It shall be provided that common charges are to be allocated among the dwelling owners in proportion to their ownership or beneficial interests in the corporation, non-profit organization or trust, and that each dwelling owner's share of the common charge shall be a lien against his real estate in the Cluster Residential Development, which shall have priority over all other liens with the exception of municipal liens and first mortgages of record, and The method by which such instrument or instruments may be amended. 14.1.6 DECISION After following the proper procedural requirements specified for the granting of a Special Permit in the General Laws, Chapter 40A, including the holding of a Public Hearing, the Planning Board may grant a Special Permit. The decision of the Planning Board shall consider the reports specified from boards and agencies and shall be based upon these comparisons of the proposed cluster plan with the conventional plan. (a) General Scope. (1) Consistency in or reduction of the number of lots. (2) Increase in amenities: off-street pathways, recreation areas, wilderness areas for which access is provided to at least all residents of the development. (b) Functional, Systems. (1) Reduction r health needs of special populations of the City and so on. 14.1.2 PROCEDURE 14.1.2.1 Applicability Cluster Residential Development may be allowed by Special Permit of the Planning Board in zones specified in Section 5.2, the Table of Use Regulations. 14.1.2.2 Application Application and approval will be by Special Permit of the Planning Board, in accordance with Section. 3.4 and 3.5 of the Ordinance. The Planning Board decision will include the findings required for general special permits, multi-family special permits if applicable, and as well as the findings required specifically for this section. 14.1.2.4 Submittal Requirements The submittal requirements and review standards including administration, application and submission requirements, fees, powers, hearings and time limits shall be as provided for Site Plan Review, Section Fifteen; as specified in other sections of this article and as specified for multifamily development, if applicable. Fees shall be as stated under the subdivision rule sand regulations."" 14.1.3 REQUIREMENTS 14.1.3.1 Allowable Uses As allowed in the zoning district which contains the Cluster Residential Development, and: Rural Res. - single family Suburban Res. - two family 14.1.3.2 General Dimensional Requirements Single family, duplex and multifamily cluster may be constructed with each structure on a separate lot or with all structures on a single lot under common ownership. All dimensional requirements of the zoning district which contains the Cluster Residential Development shall be followed, unless modified by the provisions of the Cluster Residential Development ordinance. The following dimensional requirements shall apply: The following dimensional requirements shall apply: The following dimensional requirements shall apply: ,Suburban,,Rural,Residential ,Multiple Lots,Single Tract,Multiple Lots,Single Tract Min. Tract Size,10 AC,10 AC,20 AC,20 AC Min. Tract Frontage,50',50',50',50' Min. Buffer Zone*,75',75',100',100' Maximum Height: Single fam., two fam. 35' 35' 35' 35' ,Suburban,,Rural, ncrease the options for affordable housing; More sensitive siting of buildings and overall site planning; and a better utilization of land in harmony with its natural features and with the general intent of the zoning ordinance through a greater flexibility in design. 14.1.1.3 Objectives The following objectives are important in the development of a cluster. It is desirable to decrease municipal costs and environmental impacts through reduction in the length of streets, utilities, and drainage systems per dwelling units served. It is desirable to increase the scale of contiguous area assured of preservation in a natural state, and to include off-street pathways and trails, recreation areas open to all residents of the city and wilderness areas. It is desirable that all existing scenic vistas be respected and preserved and that new scenic vistas be created. It is desirable to increase vehicular safety by having fewer, better located and designed egresses onto existing streets. It is desirable to preserve environmental quality by reduction of the total area over which vegetation is disturbed by cut or fill or displacement; by reduction in critical lands (slopes in excess of 8%, land within 100 feet by a water body, wetland or stream having outstanding or rare vegetation) disturbed by construction; reduction of the extent of waterways altered or relocated; reduction in the volume of cut and fill for roads and construction sites. It is desirable to have the design and location and materials of the structure(s) on the site be sensitive to the natural environmental conditions, vistas and abutting properties. There should be positive benefit to the City in some important respects, such as reduction of environmental damage, better controlled traffic, preservation of current character through location of reserved open space, meeting the shelter and/or health needs of special populations of the City and so on. 14.1.2 PROCEDURE 14.1.2.1 Applicability Cluster Residential Development may be allowed by Special Permit of the Planning Board in zones specified (2) Increase in amenities: off-street pathways, recreation areas, wilderness areas for which access is provided to at least all residents of the development. (b) Functional, Systems. (1) Reduction in the likely number of driveway openings onto existing streets, onto new streets serving more than twenty (20) dwelling units, or within one hundred (100) feet of an intersection. (2) Reduction in the length of streets, water mains, and storm drains. (3) Increase in the safety of egress from the development onto existing streets because of having fewer, better located, or better designed egresses. (c) Visual Concerns. (1) Increase in vistas preserved or created. (2) Reduction in the number of dwellings within two hundred (200) feet of an existing street. (d) Environmental Protection. (1) Reduction of the total area over which vegetation is disturbed by cut or fill or displacement. (2) Reduction in critical lands (slopes in excess of 8%; land within one hundred (100) feet of a water body, wetland, or strewn; land having outstanding or rare vegetation) disturbed by construction. (3) Reduction of the extent of waterways altered or relocated. (4) Reduction in the volume of cut and fill for roads and construction sites. (5) Increase in the scale of contiguous area assured to be preserved in a natural state. A proposed Cluster Development which meets all requirements of the Zoning By Law and other applicable controls and which is generally superior or conventional development based upon the above considerations may be granted a Special Permit unless, in comparison with development under a conventional plan, in other respects the Cluster Development would create relatively serious hazard, traffic congestions, reduction in the use and enjoyment of adjacent properties, a significant decrease in surface or groundwater quality, or environmental degradation. If the Special Permit is granted, there shall be no amendments, changes or transfer or ownership without Planning Board revie place in the City Hall for a period of not less than 14 days before the day of such hearing. The Board shall also notify by mail, postage prepaid, the petitioner, abutters, owners of land directly opposite on any public or private street or way, and the owners of land within three hundred (300) feet of the property line, the Planning Board of Taunton and the Planning Board of every abutting city and town. Such notice shall be mailed to all parties as they appear on the most recent Taunton property tax records. 3.4 SPECIAL PERMIT GRANTING AUTHORITY (SPGA) 3.4.1 Designation of SPGA Special permits may be authorized for specific types of uses in designated districts by the special permit granting authority specified in the ordinance (the Board of Appeals, the Municipal Council, the Planning Board; See Section 5.2). 3.4.2 General Requirements Special permits may only be issued after the special permit granting authority finds that the use is in harmony with the general purpose and intent of this Ordinance and that the specific provisions set forth within this Ordinance are met. For the applicable special permit authority, see Section 5.2. Special permits shall not be subject to application for a variance to the Zoning Board of Appeals. The special permit granting authority may impose conditions, safeguards, and limitations on time or use of a special permit. (See Section 10.1.1 for further Special Permit requirements) 3.4.3 Review by Official Board All petitions for special permits shall be submitted to and reviewed by the Planning Board, Board of Health, Tree Warden, Fire Department, Traffic Safety Officer, Zoning Enforcement Office, Conservation Commission, Community Planning and Economic Development and the Historic District Commission and other municipal departments, who shall make such recommendations as they deem appropriate and shall send copies thereof to the special permit granting authority and to the applicant; provided, however, that failure of any of the above to make recommendations within thirty-five days of receipt of the petition shall be deemed lack of opposition Which entity is the special permit granting authority for cluster/flexible zoning? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] Planning Board" "[INST] Context: or inaccurate shall be returned to the applicant within three (3) business days and shall require new submittal. b. The Building Inspector shall accept applications and issue permits one (1) year at a time. c. The Building Inspector shall mark each application with the time and date of submittal. d. Any issued permit shall conform to the time limits set by Section 8.2.3. e. Any building permits not issued in any calendar year (January 1 December 31) shall not be available for issuance in any subsequent year. f. At the end of each calendar year in which this Bylaw is in effect, the Building Inspector shall retain all applications for which a building permit has not been issued. Upon being informed in writing by the applicant before the tenth (10th) day of January of the succeeding year the applicant desires the application to remain in effect, the Building Inspector shall treat said application in accordance with Section 2.9.2. above. 2.9.4. Exemptions The provisions of this Section shall not apply to, nor limit in any way, the granting of building permits or occupancy permits required for enlargements, restoration, or reconstruction of existing dwellings existing on lots as of the date of passage of this Bylaw. a. Dwelling units for low and/or moderate income families or individuals, where all of the following conditions are met: 1. Occupancy of the units is restricted to households qualifying under the Local Initiative Program as administered under the Massachusetts Department of Housing and Community Development. 2. The affordable units are subject to a property executed and recorded deed restriction running with the land which shall limit each succeeding resale price to an increase of ten percent (10%), plus any increase in the consumer price index, plus cost of any improvements certified by the Building Inspector. b. Dwelling units for senior residents, where occupancy of the units is restricted to senior persons through a property executed and recorded deed restriction running with the land. For purposes o nd moderate-income affordable units shall be subject to an affordable housing restriction pursuant to M.G.L. c.184. c. The Building Inspector shall not issue an occupancy permit to the applicant without receipt of evidence that the use restriction approved by the Planning Board prior to the issuance of a Special Permit has been recorded at the Registry of Deeds. 4.1.4.Minimum Design Standards a. A multi-family building shall contain no less than three and no more than six units unless waived by the Planning Board, and shall not exceed a building height of 35 feet and two and one half stories. b. Multi-family housing shall avoid monotonous, look-alike designs and promote high standards of exterior quality and appearance. c. Applicants shall comply with Section 5, Parking and Loading, for number of off-street parking spaces per unit. At least one space shall be located so as to provide convenient access to its assigned dwelling unit. Parking garages will be permitted as a parking space if located and designed so as to complement the building design and site layout. d. All residential buildings shall be oriented toward the street or the interior road that provides access to them, with parking spaces located to the rear of a building or on the side, provided that no parking is located within 20 feet of the front facade of the building. e. Setbacks. 1. Multi-family housing shall provide a rear setback of at least 50 feet to an abutting single-family residence. If the Planning Board finds that a setback of lesser width would be sufficient to screen and/or separate the development from adjacent property, the setback may be reduced. In its discretion, the Planning Board may require no-cut easements, conservation restrictions or the like where the setback has been reduced. The Planning Board may also reduce the rear yard setback for multi-family housing of five or fewer units if the building is architecturally similar to single-family residences in the same general area. 2. The front yard shall be landscaped with indig 4.SPECIAL REGULATIONS 4.1 Multi-Family Housing (Revised 11-01-05) In any district where multi-family housing is a permitted or special permitted use, it shall be subject to the following requirements, except that multi-family units in an Low Impact Development shall comply with the regulations in Section 4.2A of this Bylaw. 4.1.1.Site Plan Review Multi-family housing is subject to Site Plan Review under Section 7 of this Bylaw. 4.1.2.Maximum Density a. Where conversion of an existing single-family dwelling to three multi-family units is a permitted use or a use allowed by special permit, the minimum lot area shall be at least 1.5 times that of the applicable minimum lot area for a single-family dwelling. b. For multi-family housing of four (4) units or more, the maximum density is as follows: District,Maximum Density R-3,""20,000sf for the first unit plus 10,000sf for each additional dwelling unit, up to a maximum of 24 units"" ""Village Business, Mixed-Use, or Commercial District"",""20,000sf for the first unit plus 10,000sf for each additional dwelling unit, up to a maximum of 36 units"" c. More than one principal building may be permitted on a single lot by Special Permit from the Planning Board. No principal building may contain less than three (3) units nor more than six (6) units unless waived by the Planning Board. 4.1.3.Affordable Housing Requirement a. To qualify for a Special Permit for multi-family housing of four or more units, the applicant must include housing affordable to low- or moderate-income households as defined in this Bylaw, as follows: the seventh unit and every sixth unit thereafter shall be a low- or moderate-income housing unit. Nothing in this section shall preclude an applicant from providing more low- or moderate-income housing units than the minimum required by this Bylaw. b. All low- and moderate-income affordable units shall be subject to an affordable housing restriction pursuant to M.G.L. c.184. c. The Building Inspector shall not issue an occupancy permit to the applicant without 1-00; Extended 3-21-05) 2.9.1. The purpose of this Section, ""Rate of Development"", is to ensure that growth occurs in an orderly and planned manner; to phase growth so that it will not unduly strain the community's ability to provide adequate public safety, schools, roads and municipal infrastructure, and human services; to maintain the community at a quality of life which citizens expect; to provide the Town boards and its agencies information, time, and capacity to incorporate such growth into or as per the Master Plan for the community; and to preserve and enhance existing community character and the value property. 2.9.2. General Beginning on September 11, 2000, building permits, including foundation permits, for not more than thirty (3) dwelling units shall be applied for or issued in each of the five (5) calendar years following said date, for the construction of new residential dwelling units, per approved ANR and/or standard or cluster subdivision. Further, no one person or entity nor their successors in interest, nor any entity in which they hold a legal or beneficial ownership shall be issued more than five (5) of the total number of permits available in any one year, with the exception of the exemptions as described in this Bylaw. DWELLING UNIT shall mean any portion of a building occupied or suitable for occupancy as a residence and arranged for the use of one or more individuals living as a single housekeeping unit with its own cooking, living, sanitary and sleeping facilities. Within the provisions of this Section, an ""Accessory Apartment"", as defined in Section 11.1 of the Zoning Bylaws, shall not constitute a dwelling unit. 2.9.3. Procedures Any building permits issued shall act on each permit with the following procedures: a. The Building Inspector shall act on each permit in order of submittal. Any permit application that is incomplete or inaccurate shall be returned to the applicant within three (3) business days and shall require new submittal. b. The Building Inspector shall accept applications and issue permits one (1) year at a t ousing as defined in this Bylaw. 4.16.2. Affordable Housing Use Restriction. Prior to obtaining a building permit, the applicant shall record an affordable housing restriction or regulatory agreement at the Registry of Deeds. The form and content of the affordable housing restriction shall be approved by the Planning Board prior to the issuance of a Special Permit. At minimum, the restriction shall provide for annual monitoring and certification procedures to verify that an Infill Residential Use unit is occupied by a low- or moderate-income tenant, or in the case of a homeownership unit, it shall provide mechanisms to assure that the unit remains affordable upon resale, including a right of first refusal for the Town to acquire the unit in order to preserve its affordability. 4.16.3. Conversions. An Infill Residential Use may never be converted to a multi-family dwelling of three or more units, and it may never be altered to include an accessory apartment. All infill residential uses shall be connected to the municipal sewer system. 4.16.4 Procedures. Application, review and decision procedures shall be in accordance with Section 8 of this Bylaw. 4.16.5. Special Permit Standards for Reduced Frontage or Lot Area. The Planning Board may issue a Special Permit for Infill Residential Uses on a lot that does not meet the minimum frontage or lot area requirement, provided that: a. The lot has a minimum continuous street frontage of not less than fifty (50) feet. b. The lot has at least one area suitable for the construction of a dwelling that can accommodate a circle with a diameter of 60 feet. This area shall be land exclusive of any resource areas as defined by the Wetland Protection Act, Chapter 131, Section 40, and its corresponding regulations, 310 CMR 10.00, as of the adoption of this requirement. c. The lot must comply with all other dimensional requirements of applicable zoning district. d. Not more than two Infill Residential Use lots shall abut each other. e. If required by the Planning Board, two abutti Does the zoning bylaw/ordinance include any mandates or incentives for development of affordable units? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: result in the preservation of a particularly identified natural resource upon the parcel for which the special permit is granted. 5.6 Accessory Apartments 5.6.1 Purpose To increase the availability of moderately priced housing for town employees, the young, the elderly, people of low and moderate income, and dependent relatives of town residents by permitting the creation of accessory apartments by: 5.6.1.1 Providing an opportunity for homeowners who can no longer physically or financially maintain their single family home to remain in homes that they might otherwise be forced to leave; 5.6.1.2 Making housing units available to low and moderate income households who might otherwise have difficulty finding homes within the town; 5.6.1.3 Provide a variety of housing to meet the needs of its residents; 5.6.1.4 Protect stability, property values, and the single-family residential character of a neighborhood; 5.6.1.5 Legalize conversions to encourage the Town to monitor conversions for compliance with the State Building Code; and 5.6.1.6 Create incentives and modify regulations to encourage the creation of affordable accessory apartments that will count towards meeting the Town's Planned Production goals under the provisions of MGL Chapter 40B. 5.6.2 Considerations The Town has limited water resources, lacks a significant aquifer, does not have municipal water and sewage systems, and as a result, must be sensitive to the burden and impact of any increase in housing density. Limiting the number of the accessory apartments is intended to minimize the impact on those finite resources, although the scope of the impact hereunder is believed to be offset by the public benefit afforded by this permitted use. 5.6.3 Definitions 5.6.3.1 An ACCESSORY APARTMENT is a distinct portion of a single-family dwelling, having its own kitchen and bathroom facilities, and subordinate in size to the principal part of said dwelling. 5.6.3.2 An AFFORDABLE ACCESSORY APARTMENT (""AAA"" unit) is a distinct portion of a single-family dwelling, a unit in an accessory structure on a single family lot, or a unit accessory t part of said dwelling. 5.6.3.2 An AFFORDABLE ACCESSORY APARTMENT (""AAA"" unit) is a distinct portion of a single-family dwelling, a unit in an accessory structure on a single family lot, or a unit accessory to a non-residential use, in all cases having its own kitchen and bathroom facilities, being subordinate in size to the principal part of said dwelling or structure, and meeting the affordability requirements under the provisions of MGL Chapter 40B. 5.6.4 Special Permits An owner or owners may apply to the Planning Board for a special permit for the construction and occupancy of one (1) accessory apartment or AAA unit (as defined in Section 5.6.3) in a single-family or in a non-residential structure, the accessory apartment thus created being hereinafter referred to in this subsection #5.6 as an apartment. 5.6.5 Procedure The Planning Board shall notify the Board of Health of the application for a special permit hereunder and allow them a reasonable time to inspect and comment upon said application. The Planning Board may grant a special permit under this Section upon findings that the request is compatible with the purpose of this Section, meets the minimum requirements hereunder. After notice and public hearing as may be required by the General Laws of the Commonwealth, the Planning Board may grant such a special permit for the creation of an accessory apartment provided that: 5.6.5.1 no more than 75 special permits for accessory apartments shall be issued; 5.6.5.2 the apartment is accessory to the principal residence and will be a complete, separate housekeeping unit that functions as a separate unit from the original single-family dwelling. AAA units may be placed in detached structures, including pre-existing structures and new structures, providing the new structures are appropriate to the single family character of the neighborhood and comply with all other provisions of the zoning bylaws. 5.6.5.3 the floor area of the apartment does not exceed 1200 square feet; 5.6.5.4 the floor area of the apartment is less than 35% of the floor area of the principal residence and the proposed apartment co ZONING BYLAWS e development (or adjacent thereto, if admitted to the corporation). 5.5.2.8 In the case of corporate or trust ownership, beneficial rights in said open space shall be deeded to the owners and a restriction enforceable by the Town pursuant to M.G.L. Ch. 184, Section 32 providing that such land shall be kept in open or natural state shall be recorded at the Middlesex North District Registry of Deeds. All deed restrictions with respect to ownership, use and maintenance of open space shall be subject to approval by the Planing Board and thereafter referenced on, and recorded with, the special permit and the plan; 5.5.2.9 Wherever possible, all building lots within the Conservation Cluster shall be served by common driveways for which special permits shall be sought in accordance with the requirements of Section # 5.4, but, not withstanding the limitation of Section # 5.4, the Planning Board may allow the number of lots in a Conservation Cluster to be served by a common driveway to be the maximum number allowed by Section # 5.4 plus one. The Planning Board shall impose conditions prohibiting the construction of any driveway or other means of access to building lots in the Conservation Cluster apart from the common driveway; 5.5.2.10 The developer shall, by appropriate restrictions or covenants which shall run in favor of the town and the owners of the open space, prohibit further division of the land within the Conservation Cluster. 5.5.3 Planning Board Action The Planning Board shall notify the Conservation Commission, the Board of Health, the Historical Commission and the Selectmen of the application for a special permit hereunder and allow them a reasonable time to inspect and comment upon said application. The Planning Board may grant a special permit under this Section upon written findings that the request is compatible with the purpose of this Section, meets the minimum requirements hereunder and will in fact result in the preservation of a particularly identified natural resource upon the parcel for which the special permit is granted. 5.6 Accessory Apartments 5.6.1 Purpose To increase the availability . 5.1.4.3.2 Site development plan with proposed grading, drainage, buildings, open space, location of drives, parking, walkways and buffer areas and any other items generally required for definitive plans. 5.1.4.3.3 Architectural plans, showing building locations, typical floor plans, elevations and landscaping. 5.1.4.3.4 Summary of building statistics indicating number of units, floor area, dwelling units per building and per acre, percentage of site coverage: provided that no Final Development Plan shall contemplate more than five (5) dwelling units per acre or more than two (2) bedrooms in any one dwelling unit. 5.1.4.3.5 Developer information giving a legal description of the development entity with documented financial information sufficient to establish the ability of the project to meet the purposes of the Residence District M classification and the developer's capability to complete all aspects of the project. Copies of the application shall also be submitted to and reviewed by the Board of Selectmen and the Board of Health and, contingent upon their respective jurisdictions over the site, to the Conservation Commission and/or the Historical Commission. Such reviews may be held jointly. The foregoing agencies shall make such recommendations as they deem appropriate and shall send copies thereof to the Planning Board and to the applicant; provided that failure of any such agency to make recommendations within thirty-five (35) days of receipt by such agency of the application shall be deemed lack of opposition thereto. 5.1.4.4 Notice and Hearing The Planning Board shall give notice, in the manner provided by Chapter 40A of the General Laws, as amended, of a public hearing to be held within sixty-five (65) days after the filing of the application and shall act within ninety (90) days following the public hearing. Failure by the Planning Board to take action within said ninety (90) days shall be deemed to be a grant of the permit applied for; otherwise, the issuance of special permits shall require a two-thirds vote of the Planning Board, failing which the permit shall be denied. 5.1.4.5 Necessary F Does the zoning bylaw/ordinance include any mandates or incentives for development of affordable units? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: ordable Homeownership Unit(s), as applicable. 5.10.6.8 Phasing - For Projects developed in phases, the proportion of Affordable Housing units constructed within each phase that contains residential units shall be consistent with the overall proportion of Affordable Housing units in the approved Project. 5.10.6.9 Computation - Prior to the issuance of any Building Permit for the housing component of any Project, the applicant for such building permit shall demonstrate, to the satisfaction of the Plan Approval Authority, that the method by which the rents or purchase prices of Affordable Housing units are computed is consistent with Department or HUD guidelines for affordability applicable to the Town. 5.10.6.10 No Waiver - The Plan Approval Authority may not waive the provisions of Section 5.10.6. 5.10.7 Dimensional and Density Standards 5.10.7.1 Table of Dimensional and Density Standards New construction projects in the AROD shall be subject to the following dimensional and density standards: Minimum Density See section 5.10.4.2 Minimum Lot Frontage 60 feet Maximum Building Height 60 feet Build-to Zone: At least 75% of the front facade of the principal building shall be located within the referenced range from the front lot line 0 to 10 feet Minimum Side Yard Width 0 feet Minimum Rear Yard Depth 20 feet Maximum Lot Coverage 80% Minimum Usable Open Space per residential unit 500 square feet Minimum Floor Area Ratio N/A 5.10.7.2 Usable Open Space Requirement -Reduction in the amount of usable open space required for a project may be permitted at the discretion of the Plan Approval Authority after finding that the Project will include a significant public benefit through the provision of open space, recreation area(s) and/or structures to be used in whole or part for community purposes by the general public. 5.10.8 Parking and Loading Standards 5.10.8.1 Minimum Parking Ratios - Parking for automobiles shall be provided in each Project in the AROD as follows: (a) A minimum of one (1) parking space shall be required for each residential unit with one (1) bedroom. A minimum o asonably request under law to ensure affordability. 5.10.6.6 Administering Agency - The Administering Agency for the Affordable Housing Restriction shall be designated by the Plan Approval Authority. In a case where the Administering Agency cannot adequately carry out its administrative duties, such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the Plan Approval Authority or, in the absence of such timely designation, by an entity designated by the Department. In any event, the Administering Agency shall ensure that: (a) Prices of Affordable Homeownership Unit(s) and rentals of Affordable Rental Unit(s) are properly computed; (b) Income eligibility of households applying for Affordable Housing units is properly and reliably determined; (c) The housing marketing and resident selection plan conforms to all legal requirements and is properly administered; (d) Sales and rentals are made to Eligible Households chosen in accordance wit h the housing marketing and resident selection plan with appropriate uni t size for each household being properly determined and proper preference being given; and (e) Affordable Housing Restriction(s) meeting the requirements of this Section are recorded and/or filed with the Middlesex County (South) Registry of Deeds or the Land Court Registration Section thereof, as applicable. 5.10.6.7 Housing Marketing and Resident Selection Plan - The housing marketing and resident selection plan may provide for the payment by the Project Proponent or owner to the Administering Agency of reasonable costs to develop, advertise and maintain the list of Eligible Households and to monitor and enforce compliance with affordability requirements. Such payment shall not exceed one-half percent (0.5%) of the amount of rents of Affordable Rental Unit(s) (payable annually) or one percent (1%) of the sale or resale price(s) of Affordable Homeownership Unit(s), as applicable. 5.10.6.8 Phasing - For Projects developed in phases, the proportion of Affordable Housing units constructed within each phase that contains residential units shal d the Zoning By-Laws. Where the meaning of a word or provision cannot be established in this fashion, it shall be interpreted as having the meaning consistent with its customary usage that best furthers the purpose of this Section. 5.10.2.1 ADMINISTERING AGENCY A housing authority, regional non-profit agency or corporation, or other qualified housing entity designated to enforce an Affordable Housing Restriction. 5.10.2.2 AFFORDABLE HOMEOWNERSHIP UNIT An Affordable Housing unit that is subject to an Affordable Housing Restriction requiring its sale to an Eligible Household. 5.10.2.3 AFFORDABLE HOUSING Housing that is affordable to and occupied by Eligible Households. Affordable Housing units created within the AROD meeting the standards set forth in the Code of Massachusetts Regulations at 760 C.M.R. 45.03 shall count as low-or moderate-income units on the Town's Subsidized Housing Inventory, in accordance with the rules of the Department. 5.10.2.4 AFFORDABLE HOUSING RESTRICTION A deed restriction providing for Affordable Housing units on a Building Lot that meets the requirements of this Section and the statutory requirements of Massachusetts General Laws Chapter 184, Section 31. 5.10.2.5 AFFORDABLE RENTAL UNIT An Affordable Housing unit that is subject to a restriction requiring its rental to an Eligible Household. 5.10.2.6 BUILD-TO ZONE That area of a lot located between a line a specified distance from and parallel to the front lot line within which a specified percentage of the facade of the principal structure on such lot shall be located. 5.10.2.7 DEPARTMENT The Massachusetts Department of Housing and Community Development. 5.10.2.8 ELIGIBLE HOUSEHOLD A household whose annual income is equal to or less than eighty percent (80%) of the area median income for the smallest geographical area including the entire area of the Town as determined by the United States Department of Housing and Community Development (""HUD""), adjusted for household size, with income computed using HUD's rules for the attribution of income to assets. 5.10.2.9 LIVE-WORK The use of a dwelling unit fo on shall be finished housing units, shall be dispersed throughout the Project of which they are part and shall have exteriors that are equivalent in design and materials to the exteriors of other housing units in the Project, although the interior amenities of Affordable Housing units need not be identical to a Project's market rate units. The total number of bedrooms in the Affordable Housing units shall be proportionate to the total number of bedrooms in all the units of the Project of which the Affordable Housing units are a part. 5.10.6.5 Affordable Housing Restriction - Each Project in which Affordable Housing unit(s) are required shall be subject to an Affordable Housing Restriction pursuant to Massachusetts General Laws c. 184 as amended to be recorded and/or filed with the Middlesex County (South) Registry of Deeds or the Land Court Registry District thereof, as applicable, containing the following provisions: (a) Specification of the term of the Affordable Housing Restriction, which shall be perpetuity; (b) Name and address of the Administering Agency for the Affordable Housing Restriction, with a designation of its power to monitor and enforce the Affordable Housing Restriction; (c) Description of the unit(s) of Affordable Housing by address, unit number (if applicable) and number of bedrooms; (d) Reference to a housing marketing and resident selection plan, to which the Affordable Housing unit(s) are subject, which includes an affirmative fair housing marketing program, including provisions for public notice and a fair resident selection process. The housing marketing and resident selection plan shall provide for preferences in resident selection for Hudson residents to the extent consistent with applicable law, and said plan shall designate the household size appropriate for each Affordable Housing unit with respect to bedroom size and provide that the preference for such unit shall be given to a household of the appropriate size; (e) Requirement that residents will be selected at the initial rental or sale and upon all subsequent rentals and sales from a list of Eligible Household in perpetuity to occupancy by Moderate-Income Households, or for every one (1) dwelling unit restricted in perpetuity to occupancy by Low-Income Households, one (1) market rate dwelling unit may be added to the Basic Maximum Number. Affordable housing units may be used toward density bonuses only if they can be counted toward the Town's affordable housing inventory as determined by the Massachusetts Department of Housing and Community Development or it's successor. The applicant shall provide documentation demonstrating that the unit(s) shall count toward the community's affordable housing inventory to the satisfaction of the Planning Board. 3) For every historic structure preserved and subject to a historic preservation restriction, one (1) dwelling unit may be added to the Basic Maximum Number. 5.6.11 Decision of the Planning Board 1) Criteria for Approval. The Planning Board will review all data and hold a public hearing in accordance with M.G.L.c.40A, section 9. The Board may approve the Plan with or without conditions. The Board shall disapprove the plan only if it finds that either the OSRD Development (Sketch Plan) is not a good faith design, or that the Plan does not conform to the requirements of the Bylaw. The Board may grant a Special Permit for an OSRD if it determines that the proposed OSRD has less detrimental impact on the tract than a conventional subdivision of the property and finding that the following eight (8) factors are present: a) That the OSRD achieves greater flexibility and creativity in the design of residential or unit developments than a conventional plan; b) That the OSRD promotes permanent preservation of open space, agricultural land, forestry land, other natural resources including water bodies and wetlands, and historical and archaeological resources; c) That the OSRD promotes a less sprawling and more efficient form of development that consumes less open land and conforms to existing topography and natural features better than a conventional subdi Does the zoning bylaw/ordinance include any mandates or incentives for development of affordable units? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] No" "[INST] Context: nd police protection and adequate educational facilities; 1.2. To preserve and enhance the existing community character. 2.) Regulations 2.0 No building permit for a new residential dwelling unit or units shall be issued unless in accordance with this bylaw. This bylaw shall apply to all definitive subdivision plans, divisions of land pursuant to M.G.L., Chapter 41, Section 81P (hereafter called ""A-N-R division"") variances and special permits which would result in the creation of a new dwelling unit or units. Dwelling units shall be considered as part of a single development, for all purposes of this section if located either on a single parcel or contiguous parcels of land, which have been in the same ownership at any time subsequent to the date of adoption of this bylaw. 3.) Planned Growth Rate 3.0 All authorizations shall count toward the planned growth rate permitted by this bylaw. Building permits shall not be issued under any development schedule approved under Section 5 during periods when said building permit issuance would result in authorizations of more than 100 dwelling units over a 24-month (2 year period. 3.1 For the purposes of implementing the 100 dwelling unit limitation, the Building Inspector on the first business day of each month shall total the number of building. permits. issued. during the previous 24 months, If the number of dwelling units for which new building permits have been issued during the previous 24 months meets or exceeds 100 in number, then the Building Inspector shall not issue building permits for any additional dwelling-unit or units in the then current month, except as permitted by Section 3.2. 3.2 In a single development where the number of new dwelling units. are 1 to 3 in total, building permits may be issued even if the 100 limit has been reached. Once issued, these exempt permits shall be calculated in the 100 building permit limit as noted in Section 3.G for th& next, ensuing month. 4.) Development Schedule 44 Building permits for new dwelling units shall be ZONING BY-LAWS 5.7 Senior Village Developments 5.7.01 Intent and Applicability The purpose of this section is to encourage development of master-planned residential communities for persons fifty-five (55) years of age and older, by allowing a greater variety of uses and building types at a higher density than would normally be allowed to promote affordable housing and the preservation of open space within the development. It is intended that this section provide a mechanism for development of a range of housing types and facilities that are responsive to the socio-cultural, health care, and recreational needs of senior residents; to achieve land development that is responsive to an analysis of the environmental assets and constraints of a site; and to encourage well-integrated development in terms of land use and major design elements such as buildings, roads, utilities, drainage systems and open space. 5.7.02 Senior Village Developments: As used in this bylaw, a Senior Village Development shall mean a master-planned development (""planned unit development"") of land, as a unified, self contained, residential community, constructed expressly for use and residency by persons who have-achieved a minimum age requirement for residency of fifty five (55) years of age or older in accordance with M.G.L. Chapter 1518, Section 4, Subsection 7, and also incorporating the preservation of natural open space areas as an integral element of the development. A Senior Village Development shall include at least one (1) type of Senior Village Development Residential Use, which may include detached or attached dwellings of any combination, and may include any of the following: Adult Day Care Facilities, Senior Village Resident Services and Senior Village Community Centers as defined in Section 5.7.03. A Senior Village Development, as defined herein, shall be permitted within the following zoning districts: RA,. RB, SA, BR-1, RIB, and BI-A upon the granting of a special permit by the these exempt permits shall be calculated in the 100 building permit limit as noted in Section 3.G for th& next, ensuing month. 4.) Development Schedule 44 Building permits for new dwelling units shall be authorized only in accordance with the following schedule: Number of New Units In Development Dwelling Units/Year* 1-3 100% 4-10 up to 50% 11-20 up to 33% 21-40 up to 24% 41+ up to 20% *Percent of dwelling units in the development for which building permits shall be authorized each year. The yearly schedule shall commence from the date of the Planning Board signing of the definitive, subdivision plan or A-N-R division or the granting of a special permit or variance if applicable for the development. 4.1 - Once a development schedule for a single development is approved in accordance with Section 5, building permits shall not be issued in excess of said schedule, subject to the 100 dwelling unit cap detailed in Section 3.1.5.) Requirements. 5.1 In order to facilitate review, the developer may submit a written proposed development schedule to the Planning Board as part of any application for approval of a plan subject to MGL, Chapter 41, Section 81P (A-N-R division). 5.2 In cases where the developer has elected not to submit a development schedule in accordance with Subsection 5.1, above, the Building Inspector shall refer any application for a building permit on a lot within this type of development to the Planning Board for development scheduling. 5.3 The developer shall submit a written proposed development schedule as part of any application for definitive subdivision approval, special permit, or variance that would result in the creation of new dwelling units. In the case of a variance or a special permit granted by the Board of Appeals, the Board of Appeals shall forthwith refer said document to the Planning Board. 5.4 The Planning Board is authorized, upon request, to approve a development schedule for any building lots/ dwelling units not covered under Subsection 5.1 and 5.3. 5.6 all, and with each building having at least one floor at ground level with a separate entrance. 5.7.04. General Development Standards and Dimensional Requirements An application for a special permit for a Senior Village Development must conform to the following standards: 5.7.04.1 General Standards A. Age Restriction. All dwellings in a Senior Village Development shall be subject to an age restriction described in a deed/deed rider, restrictive covenant, or other document approved by the Planning Board that ,shall be recorded at the Registry of Deeds or the Land Court. The age restriction shall restrict occupancy of the dwelling units to seniors age 55 or older, and their spouses of any age and provide for live-in care providers and limited guest visitation rights if the Planning Board so approves and specifies this in its Special Permit. In the event of the death of a qualifying owner/occupant of a unit in a Senior Village Development, the surviving spouse of a qualifying owner/occupant, regardless of age, shall be allowed to remain until death or remarriage to a non-qualifying individual. B. Lot Coverage. Building footprints and all other impervious surfaces shall not exceed twenty-five percent (25%) of the total acreage of any Senior Village Development. C. Open Space Requirement. A minimum of twenty-five percent (25%) of the total acreage of a Senior Village Development shall be set aside as common open space for the use of the senior residents and/or the general public. It is the intention of this bylaw that the common open space shall generally consist of a large, single, contiguous area of open space with logical boundaries, which shall retain those natural features of the site most worthy of preservation in their natural state, and which connect with existing or potential conservation or open space areas on adjoining parcels whenever possible. Not more than twenty-five percent (25%) of the common open space shall consist of inland we Does the zoning bylaw/ordinance include any mandates or incentives for development of affordable units? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know" "[INST] Context: different than the one subject to the Special Permit; c. An applicant may offer, and the Planning Board, in concert with the Board of Selectmen may accept, donations of land in fee simple, on or off-site that the Planning Board determines are suitable for the construction of an equivalent number of affordable dwelling units. The Planning Board may require, prior to acceptance of land by the Town, satisfaction of the requirements of this Bylaw, that the applicant submit appraisals of the land in question, as well as other data relevant to the determination of value; d. For fractional affordable dwelling units, the applicant may round up to the next whole number of units or choose to pay equivalent fees-in-lieu of units proportionate to the percentage of the unit required; and e. Preservation of existing market-rate dwelling units as affordable dwelling units through the purchase of deed restrictions. 8616. All affordable dwelling units that are constructed on-site under this Bylaw shall be situated within the MUD so as not to be in less desirable locations than market-rate units in the MUD and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units. The Site Plan shall identify those lots/locations selected for affordable dwelling units. 8617. With the approval of the Planning Board, as an alternative to the requirements of Section 8610, an applicant subject to the Bylaw may develop, construct or otherwise provide affordable dwelling units equivalent to those required by Section 8610 off-site. To the maximum extent practicable, all requirements of this Bylaw that apply to on-site provision of affordable dwelling units shall apply to provision of off-site affordable dwelling units. In addition, the Planning Board shall approve the location of the off-site units to be provided as an integral element of the Special Permit review and approval process. 8618. As an alternative to the requirements of Section 8610 and as allowed by law and with the approval of the Planning Board, an applicant may contribute an amount in cash equal to the costs of construction such affordable dwe 8600. Affordable Housing 8610. Any MUD which will result in the creation of ten (10) or more residential dwelling units, shall include as a condition of said permit that: 8611. At least 10% of the units, and in no case less than one unit, be priced for qualified affordable housing purchasers; 8612. The mix of affordable dwelling units and rate of affordable dwelling units built in any one year shall be equivalent to the overall mix for the entire MUD. It is intended that the affordable dwelling units authorized under the provisions of this Bylaw be considered as Local Initiative Program (LIP) dwelling units in compliance with the requirements for the same as specified by the Department of Community Affairs, Massachusetts Department of Housing and Community Development (DHCD), or successor, or additional programs adopted by the Commonwealth of Massachusetts or its agencies, and that said units count toward Pepperell's requirements under Massachusetts General Law Chapter 40B, Sections 20-23, as amended. 8613. Deed restrictions, acceptable to the Town, and established in accordance with the standards of DHCD or successor or additional programs adopted by the Commonwealth of Massachusetts or its agencies, shall be placed on the appropriate property to ensure that affordable dwelling units created under this section shall remain affordable dwelling units in perpetuity or for as long a period as is allowed by law. 8614. Dwelling units shall be considered as part of a single development if located either on a single parcel or contiguous parcels of land which have been in the same ownership at any time subsequent to the date of adoption of this Mixed-Use Bylaw. 8615. Affordable dwelling units required under Section 8610 may be provided in any one or combination of methods described below, subject to the approval of the Planning Board. a. Constructed on the locus subject to the Special Permit; b. Constructed on a locus different than the one subject to the Special Permit; c. An applicant may offer, and the Planning Board, in concert with the Board of Selectmen may accept, donations of land in fee simple, on or off-site that of the basic maximum number of dwelling units may be awarded. For every two (2) dwelling units restricted in perpetuity to occupancy by Moderate-Income Households, or for every one (1) dwelling unit restricted in perpetuity to occupancy by Low-Income Households, one (1) market rate dwelling may be added to the basic maximum number of dwelling units. Affordable housing units may be used toward density bonuses only if they can be counted towards the Town's affordable housing inventory as determined by the Massachusetts Department of Housing and Community Development. The applicant shall provide documentation demonstrating that the unit(s) shall count towards the community's affordable housing inventory to the satisfaction of the Planning Board. Bonus for Low Impact Development and Innovative / Environmentally-progressive land development techniques The Planning Board may award a density bonus for OSRDs that use Low-Impact Development (LID) / Better Site Design Practices for stormwater management in place of the standard structural methods such as detention basins and piped systems. LID or ""soft"" or ""green"" stormwater management systems use vegetative and small, decentralized building lot scale systems to decrease impervious surfaces and encourage the infiltration of clean water into the ground. When the Planning Board determines that an OSRD is proposing a well planned LID system, it may award one additional market rate or affordable housing unit to the basic maximum number of units. The Planning Board may also award one additional market rate or affordable housing unit over the basic maximum number when it finds that the OSRD plan is most effective in connecting or linking its open space to existing conservation or open space lands in Pepperell that are permanently protected from development. 7190. Severability. If any provision of this Bylaw is held invalid by a court of competent jurisdiction, the remainder of the bylaw shall not be affected thereby. The invalidity of any section or sections of this bylaw shall native to the requirements of Section 8610 and as allowed by law and with the approval of the Planning Board, an applicant may contribute an amount in cash equal to the costs of construction such affordable dwelling units, and satisfactory to the Planning Board in consultation with other relevant Town boards, to the Town Housing Authority or its designee for the development and preservation of affordable housing, in consultation with the Planning Board and other appropriate Town Boards, in lieu of constructing and offering affordable dwelling units within the locus of the proposed development or off-site, as set forth in Section 8670, below. 8619. The applicant for a MUD subject to this Bylaw may pay fees-in-lieu of the construction. For the purposes of this Bylaw, the fees-in-lieu of the construction or provision of each affordable dwelling unit is determined to be three (3) times 80% of the median income for a household of four (4), as reported by the most recent information from the United States Department of Housing and Urban Development (HUD) and/or the Massachusetts Department of Housing and Community Development (DHCD). 8700. Standards for Roadways and Drainage 8710. Roadways - MUD roadways to be accepted by the Town of Pepperell as public ways shall be designed and constructed in accordance with the Rules and Regulations for the Subdivision of Land in the Town of Pepperell. Private ways within the MUD, to the extent feasible, shall be constructed using the methods and materials prescribed in the Rules and Regulations for the Subdivision of Land in the Town of Pepperell, but shall not be required to conform to the dimensional requirements thereof, provided that those private roadways shall be adequate for the intended vehicular and pedestrian traffic and shall be maintained by the owner/developer or an association of owners. 8711. Storm Water Management System - The MUD shall have a storm water management system designed in accordance with the Rules and Regulations for the Subdivision of Land in the Town of Pepperell and the Department of Environmental Protection's Storm Water Management Guidelines, as amended. 880 ZONING BYLAW Does the zoning bylaw/ordinance include any mandates or incentives for development of affordable units? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: be allowed for the transfer of the unit to another eligible occupant. C. Density Incentives (1) Basic Senior Village Bonus. A Senior Village's base density is defined as four housing units per gross site acre except where noted above. To qualify as a Senior Village, a proposal shall, at a minimum: (a) set aside five percent (5%) of the total number of dwelling units provided on the site as affordable housing as defined in this Section; and (b) provide a minimum of thirty percent (30%) of the lot area as permanent, protected open space conforming to the open space standards as set forth in this Section. The minimum 30% open space requirements may be waived by the Board if the proposed Senior Village is within the RD General Residential District and includes the rehabilitation or renovation of a certified, historic or architecturally significant structure for use as senior housing. This enhanced base density for Senior Villages may be further increased according to the provisions below pertaining to: additional affordable housing; additional open space dedication; and rehabilitation of existing buildings. (2) Additional Affordable Housing. In addition to the minimum requirement of five percent (5%) on-site affordable housing, a density increase is permitted where proposals provide on-site housing opportunities for low or moderate income senior households. For the purpose of this Section, affordable housing shall be defined as dwelling units that are sold to, and occupied by, households earning up to 80% of the median area household income, as such median is defined by the United States Department of Housing and Urban Development (HUD). Affordable units shall, by deed restriction, remain affordable in perpetuity. The Planning Board will require that the Developer provide legally enforceable assurances, which are acceptable to the Planning Board, that the-affordable dwelling units will continue to be affordable in perpetuity. Affordable units shall be dispersed throughout the Senior Village and shall be externally indistinguishable from the ma ng Board, that the-affordable dwelling units will continue to be affordable in perpetuity. Affordable units shall be dispersed throughout the Senior Village and shall be externally indistinguishable from the market rate units. If the affordable units are part of a condominium, the condominium documents shall, at a minimum, ensure that the owners of the affordable units will not be required to pay for capital improvements they cannot afford and that they will have fair and sufficient voting rights. The property owner shall seek referrals for the affordable units from the Plainville Housing Authority and shall submit an annual report to the Plainville Housing Authority, detailing compliance with the affordable housing provisions of the Senior Village approval. The Plainville Housing Authority shall be responsible for monitoring the long-term affordability of the units and shall report any deviations from these provisions to the Inspector of Buildings and the Board. The amount of density increase shall be calculated as follows: a. For each affordable housing unit provided under this Section, two (2) additional housing units may be permitted up to the maximum permitted under this Section. b. For each affordable housing unit where, by deed restriction, Plainville residents have first right of refusal, two and one half (2.5) housing units may be permitted up to the maximum permitted under this Section. The density bonuses above are not to be combined. Under no circumstances shall one affordable unit allow more than two and one half (2.5) additional units. D. Site Development Standards (1) Site Context Plan: A plan showing the location of the proposed development within its neighborhood context shall be submitted. For sites less than 100 acres in area, such plans shall be at a scale not less than 1 inch = 200 feet and shall show the relationship of the subject property to natural and man-made features existing within 1,000 feet of the site. For sites of 100 acres or more, the scale shall be 1 inch = 400 feet, and shall show the above re val required under this By-law. 2.5.3 Yards and Open Space No part of any yard or other open space required for the purpose of complying with the provisions of this By-Law shall be counted as part of a yard or other open space required for a building on another lot, except in the case of integrated developments in the CI District. Integrated developments in the CI District that are located on more than one lot shall be considered to be on one lot, and separate yards shall not be required for interior lot lines."" (Amended S.T.M. 11/17/97) 2.5.4 Accessory Building No accessory building or structure, except a permitted sign or a temporary roadside stand, shall be located within a required front or side yard or nearer to the rear lot line than 10 feet, except that on lots of less than 10,000 square feet, accessory buildings may be placed within 3 feet of a side or rear line. 2.5.5 Exceptions to Lot Requirements 2.5.5.1 Waiver of Strict Compliance The Board of Appeals, as permit granting authority, may waive strict compliance with applicable requirements as follows: a. Lot frontage: providing at least 80% of the applicable requirement is met and the full required lot width is available at the building line. b. Side yard and rear yard: providing such waiver does not reduce conformity below 80% of the applicable requirements of the district in which the lot is located. c. Parking: providing such waiver does not reduce conformity below 80% of the applicable requirements of the district. The Board of Appeals shall affirmatively find that such waiver shall not in any substantial sense be detrimental and depreciate property values in the immediate neighborhood. 2.5.5.2 Exemptions from Frontage and Area Requirements In any zoning district, a lot or lots having less than the applicable square footage or frontage requirements, or both, shall be exempt from either or both requirements aforestated if said lot or lots: 1. Is a lot in ownership separate from that of adjoining land located in the same Zoning District, at the time of the adoption of this By-Law, or 2. Is a lot or lots separately described in a deed or record at the time of the adoption of this By-Law, or its natural state, insofar as practicable, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas. The orientation of individual building sites shall be such as to maintain maximum natural topography and cover. Topography, tree cover, and natural drainage ways shall be treated as fixed determinants of roads and building configuration rather than as malleable elements that can be changed to follow a preferred development scheme. The Board may waive these requirements if the Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with this Bylaw. (5) Parking: Within the SHD, a minimum of two (2) parking spaces shall be required for each dwelling. Each parking space shall have adequate area for backing and maneuvering. The garage space shall no be included as a parking space. Each parking space shall have an area of not less than ten (10) feet wide and nineteen (19) feet long. The parking area shall be paved and connected with a paved driveway to the roadway within the development. In order to reduce impervious area within the development, common driveways are encouraged. The Planning Board shall, as a condition of its Special Permit, require additional off street parking areas to be used in common by dwelling unit owners and their invitees. In addition, the Planning Board shall, as a condition of the Special Permit, require that adoption of legally enforceable condominium by-law regulations to limit or prohibit the presence in the SHD community, either entirely or except in designated locations, of boats, boat trailers, campers, or other recreational vehicles. Commercial vehicles in excess of 10,000 lbs are prohibited from parking in the SHD. (6) The Planning Board may, as a condition, require that all utilities be installed underground. Each unit site shall be provided with a sanitary sewer service for the disposal of sanitary wastewater through a municipal system or on site septic s (11) Community Building: Within the SHD, there shall be a community building (s) and, recreational facilities, which shall be available to all residents and their guests. The size of the building is to be a minimum of 2,000 sq/ft. Use of the community building(s) or facilities is specifically limited by this by-law to uses that will service the residents within the SHD. All uses within the development shall be delineated as part of the Special Permit application and must be specifically approved by the Planning Board as an integral part of the Special Permit. (12) Business: Within-the SHD, no business of any kind is to be conducted unless specifically authorized by the Special Permit herein granted. (13) Other Facilities - All facilities for utility services, drainage, lighting and signage shall be in accordance with requirements established by the Planning Board, consistent with applicable provisions of the Zoning Bylaw and the regulations governing subdivisions, as the same may be waived or modified by the Planning Board to meet site conditions and design requirements. E. Special Permit Conditions (1) The Planning Board shall, as a Permit condition, require that all proposed condominium by-laws or SHD community regulations which may be relevant to the issuance of the permit, including but not limited to bylaw provisions prohibiting the presence of children residing in the SHD community and limiting or prohibiting the presence in the SHD community of boats, boat trailers, or recreational vehicles, be made a part of the Special Permit, and that any change to or failure to enforce said provisions shall be violation of said Special Permit. (2) The Planning Board may, as a Permit condition, require that the proposed SHD community be constructed entirely on one (1) lot, and that, from and after the date of the issuance of the building permit for said SHD community or any portion thereof, no subdivision of said lot shall be allowed without the express approval of the Planning Board; provided, however, that the recording of a condominium Does the zoning bylaw/ordinance include any mandates or incentives for development of affordable units? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: elopment consistent with the availability and adequacy of public facilities necessary to support development and to protect the public health, safety and welfare. The phasing of development, based on public facility conditions, will provide for orderly growth and development to meet projected demands while discouraging sprawl and leapfrog development patterns which create service inefficiencies, increase costs and cause scattered facility demands. Thus, for certain residential uses prescribed by Zoning District in part IV of the Zoning Bylaw, the Planning Board shall not grant a special permit unless the specified Adequate Facility Conditions are satisfied. This section is intended to provide for a detailed review by the Planning Board, aided by other Town boards, or residential uses at densities which will have a significant impact on the health, safety, and general welfare of the Town and its inhabitants due to their location and impact on or need for supporting public facilities. This provision is adopted pursuant to the authority of and purposes specified in the Zoning Act (Chapter 40A, Massachusetts General Laws annotated) which empowers Towns, among other things, to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other requirements; to conserve natural resources; and to encourage the most appropriate use of land throughout the community. B. Special Permit Required for Village Density Development 1. Except for cases specifically exempted below, prior to the issuance of any zoning permit for village density development, the applicant shall be required to obtain a special permit from the Planning Board. This requirement shall apply to developments approved after the effective date of this bylaw other than those exempted by state statute. 2. Inapplicability: This bylaw shall not apply to developments of one or more single-family units at a net density of one unit per sixty thousand (60,000) square feet or less: provided, however, that such de Section 310 Planned Unit Development 310.01 Definitions "" PLANNED UNIT DEVELOPMENT "" (PUD) is an area of land, designed and developed as a unit, with common open space as an integral characteristic and Which departs from the. Zoning regulations conventionally required in the district concerning use of land or buildings, lot size, density, bulk or type of structure, lot coverage or other requirements. Unless specifically prescribed, any combination of authorized uses may be allowed as long as the required density is not exceeded. The term Planned Unit Development (PUD) includes the following types of developments: "" HIGH TECHNOLOGY PLANNED UNIT DEVELOPMENT "" (High Technology P.U.D.) is a high technology planned unit development in the Rural Residential District established under Section 401.03(D) of the Zoning Bylaw. "" RETIREMENT MOBILE HOME PLANNED UNIT DEVELOPMENT "" (R.M.H.P.U.D.) is a mobile home park whose occupancy is limited to elderly households. R.M.H.P.U.D.'S provide attractive and healthy residential environments meeting the unique needs of the elderly in accordance with the Town's Housing Assistance Plan. "" COMMON OPEN SPACE "", or ""Land"", or ""Facilities"" is (are) a parcel or parcels of land or an area of water, or a combination of land and water within the site designated for a Planned Unit Development, maintained and preserved for open uses, and designed and intended for the use or enjoyment of occupants of the planned unit development. Common open space may contain such elements as defined in Section 401.25 and complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the Planned Unit Development, but shall not include streets or parking areas except those incidental to open space uses, and except those in a R.M.H.P.U.D. or High Technology P.U.D. 310.02 Objective he Planning Board as ""Approval Under the Subdivision Control Law Not Required"", by virtue of M.G.L. Chapter 40A, Section 6 (6th paragraph), for three years from the date of such endorsement; 4. Units within a Rural Density Development, if: A) The parcel on which such units are located is permanently restricted to a density of no more than one-half of the maximum density achievable under applicable bylaws and regulations; and B) The applicant submits plans or other pertinent documentation to demonstrate the maximum number of units achievable on said lot; 5. Units within a development (""Low Density Development""), defined as one in which: A) The parcel on which such units are located is permanently restricted to a density of no more than one-third of the maximum density achievable under applicable bylaws and regulations; and B) The applicant submits plans or other pertinent documentation to demonstrate the maximum number of units achievable on said lot. C) ""Protected Units"" (units counting toward Limitations) Building permits for the following new dwelling units located within the foregoing.districts shall count toward the foregoing limitation: 1. Units on lots on a plan endorsed by the Planning Board as ""Approval Under the Subdivision Control Law Required"", if grandfathered from these limitations by virtue of. M.G.L. Chapter 40A, Section 6 (7th paragraph), for eight years from the date of such; endorsement. D) Sunset Provision This section shall be effective as of April 10, 2002 and shall continue until the final adjournment of the 2005 Annual Town Meeting, unless sooner s or surfaces which deliver or may discharge water into the ground shall include devices sufficient to treat said water and to monitor said treatment so as to achieve any and all applicable effluent standards and any other standard which the Board of Health deems appropriate in light of the particular structure, its proposed use and the soil and groundwater conditions of the proposed site. J) Protection of the Environment. High Technology Planned Unit Development proposals shall include a complete inventory and analysis of any features of the environment which are unique or peculiar to the area. Open space requirements shall be satisfied first by protecting such features and the Board of Appeals shall require open space and above the minimum given in this bylaw to assure such protection. These features include but are not limited to species or complexes of flora or fauna or their habitats, areas of high visual quality, soils, geology and topography. Where large acreages are involved, this section is intended to be satisfied through study only of those areas to be actually developed, and it is intended that such limited studies be thorough. Interruption of systems of environmental importance such as trails to food, water or habitats are of particular concern, however. Maintenance of undeveloped open-space shall include specific provisions to protect the natural environment as it exists. K) Parking and Loading The following shall apply in a High Technology Planned Unit Development: 1) Notwithstanding any provisions of Section 305.01, parking requirements may be met by a combination of parking interior to lots and on-street, as is appropriate to a pedestrian oriented commercial center, and may be located greater than 400 feet from the principal building served. 2) Notwithstanding any provisions of Section 305.04, more than two driveways may be allowed on any street frontage, and driveways may be less than thirty (30) feet apart or shared. For multi-family use, driveways should have a minimum width of eight (8) feet. 3) No dents of the Planned Unit Development, but shall not include streets or parking areas except those incidental to open space uses, and except those in a R.M.H.P.U.D. or High Technology P.U.D. 310.02 Objectives of Planned Unit Development A) To free the development process from the constraints of conventional lot lines and inflexible zoning standards based upon lot by lot development. B) To encourage flexibility and creativity in the design of developments through a carefully controlled process of negotiation of particular plans rather than the strict pre-regulation of all plans within a zone. C) To encourage innovations in development in keeping with the general scale and character of Plymouth. D) To encourage a less sprawling form of community development which makes more efficient use of land, requires shorter networks of streets and utilities and which fosters more economical development and less consumption of rural land. E) To permanently preserve natural topography and wooded areas within developed areas and to provide useable open space and recreation facilities in close proximity to all homes. F) To provide an efficient procedure which can insure appropriate, high quality design and site planning and a high level of environmental amenity. The Objectives set forth in this Subsection 810.02 shall be considered as guidelines by the Board of Appeals in its grant of special permits under this Section 310 but are not intended to establish any specific requirements beyond those set forth in other Subsections of this Section 310. 310.03 Location and Density of Planned Unit Developments Various types of Planned Unit Developments may be established in specified zones by special permit, provided that all proposed PUD'S shall comply with all requirements prescribed herein and with the standards of environmental design review. Table 3 prescribes Does the zoning bylaw/ordinance include any mandates or incentives for development of affordable units? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] No" "[INST] Context: 4. For multifamily units of two or more bedrooms, where the total number of dwelling units to be developed at one time or in any successive stages exceeds 12 dwelling units, there shall be constructed and equipped an outdoor recreation area with a minimum size of 500 square feet per unit for each two bedroom and 1,000 square feet per bedroom for each unit of 3 or more bedrooms. Specifically exempt from this requirement are one-bedroom units and housing for the elderly. 5. A corner lot shall have minimum street yards with depths, which shall be the same as the required front yard depths for the adjoining lots. 6. At each end of a through lot, there shall be a setback depth required, which is equal to the front yard depth required for the District in which each street frontage is located. 7. Projections into required yards or other required open spaces are permitted subject to the following: a. Balcony or bay window, limited in total length to one half the length of the building, not more than 2 feet. b. Open terrace or steps or stoop, under 4 feet in height, up to one half the required yard setback. c. Steps or stoop over 4 feet in height, window sill, chimney, roof eave, fire escape, fire tower, storm enclosure, or similar architectural features, not more than 2 feet. 8. The provisions of this By-Law governing the height of buildings shall not apply to chimneys, cooling towers, elevator bulkheads, skylights, ventilators, electronic equipment, elevator shafts, and other necessary appurtenances usually carried above roof, not to domes, towers, stacks, or spires, if not used for human occupancy and which occupy not more than 20 percent of the ground floor area of the building; nor to ornamental towers, observation towers, radio broadcasting towers, television and radio antennae, and other like structures, which do not occupy more than 20 percent of the lot area; nor to churches or public agricultural or institutional buildings or buildings dimensions and maximum building area may be adjusted as deemed appropriate by the Board of Appeals. 5. At any one time, not more than 10 percent of the total dwelling units shall contain three or more bedrooms. 6. For multifamily units of two or more bedrooms, there shall be constructed and equipped an outdoor recreation area containing 100 square feet for each dwelling unit within the development with a minimum requirement of 2,000 square feet. Specifically exempt from this requirement are one-bedroom units and housing for the elderly. 7. The development shall be served by public water and sewerage. 8. Parking facilities shall meet the requirement of Section VIII except the required number of spaces shall be one additional for each five units for visitor parking. In housing for the elderly projects, the parking requirements shall be reduced by 50 percent. 9. Such other conditions as the Board may find appropriate in accordance Section XX may be imposed. K. Fast Order Food Establishments. In considering special permits for Fast Order Food Establishments, the Board shall give consideration to the following: 1. Impact on traffic and parking. 2. Sensitivity to the visual and physical characteristics of the particular location, including siting, signing, lighting, landscaping, fencing, materials, windows, etc. 3. Fulfillment of a need in the neighborhood or in the Town. 4. Reliance on walk-in trade as opposed to drive-in or automobile related trade. (Added by action of Town Meeting, June 23,1976, Article #30) L. Adult Entertainment Establishments may not be located less than 750(seven hundred fifty) feet from the nearest lot line of: a. Each other b. Public or Private Nursery-Schools c. Public or Private Day Care Centers d. Public or Private Kindergartens e. Public or Private Elementary Schools f. Public or Private Secondary Schools g. Playgrounds h. Churches (Adopted Special Town Meeting, April ZONING BY-LAW AND MAP y-law: a. Minimum Front Yard depth - 0 feet. Note that this. depth is to allow zero-setback structures where appropriate in the CBD; it is not meant for all portions of the SCMUOD, where front yard landscaping would be an appropriate amenity. b. Maximum Required Front Yard depth 20 feet or the average of the setbacks to buildings on the same side of the street or way within 200 feet of the lot in question, whichever is the lesser. c. Minimum Side Yard Width 0 feet except where$ the subject property shares a lot line with a residential home (or Residential District), in which case, minimum is 25 feet (note: minimum is 0 feet in CBD) d. Minimum Rear Yard Depth 10 feet, except where the subject property shares any lot line with parcel in a residential district and not included within the SCMUOD, in which case, minimum is 25 feet No lot on which a building is located shall be reduced or changed in size or shape so that the building or lot fails to comply with the frontage, building coverage, yard distances, or other dimensional provisions of the SCMUOD by-law. [5.7] Height a) The maximum height of buildings or structures, other than accessory rooftop equipment discussed below or special architectural features, is forty feet. b) The height limit does not apply to necessary appurtenances usually carried above roof not Used for human occupancy in accordance with the current Stoughton zoning by-laws (Section VI-G-8). [5.8] Affordable Housing a) In all developments of more than five dwelling units under the provisions of the SCMUOD, no less that 20% of the total number of units shall be affordable to moderate income households. The affordable units may be available for either rental or ownership. A moderate income household is as defined by the U. S. Department of Housing and Urban Development, or by a similar federal agency created to replace it, as adopted by the Commonwealth of Mass TABLE OF DIMENSIONAL AND DENSITY REGULATIONS District,Use,Minimum l ol Area (sq ft ),Minimum I of Width (ft),Minimum of Frontage (ft),Minimum of Depth (f) ),Minimum Front (II),Yard Side (ft),Rear (ft,Maximum Height (f) ),Maximum Stories (No ),Maximum Building Area (%),Minimum Open Space (%) R M,Multi Family Apartment House Multi family Row House (Town House Condominium) Two Family Dwelling Any other permitted use (5),2 000 sq ft per dwelling unit + 2 000 sq ft per bedroom per dwelling unit (7),150(5) 100(5),150(5) 100(5),80,25,10(2),30,40,4,- 30,30 10) RU,Two Family Dwelling,35 000 (7),120(5),120,100,25,15(1),40,35,25,30,50 ,Single Family Dwelling,25 000(7),80,80 (5),80,25,15,40,35,25,30,50 ,Any other permitted use,35 5000(7),120(6),120(G),80,25,15,40,35,25 5,30,50 10) RC,Any permitted use,40 000(7),100,100(5),120,35,15,40,35,3,25,50 10) RB,Any permitted use,55 000(7),125,125(5),140,40,20,40,35,25,20,50 10) RA,Any permitted use,""55,000 (9)"",150,150(5),180,40,20,50,35,2 5,20,50 CBU,Any permitted use,2 500,20,20,75,0,0,10,40,3,90,0 GB,Any permitted use,10 000 (7),50,50,75,15,5,30,40,3,70,10 NB,Any permitted use,10 000 (7),50,50,75,15,5,30,30,2 5,50,20 HB,Hotel and Molel,20 000 + 3 000 per unit (7),80,80,100,20,15,40,40,4,40,30 ,Any permitted use,20 000 (7),80,80,100,20,15,40,85(8),6(8),40,30 I Amended,Any permitted use by action of Town Meeting April 30,80 000 (7) 1979 Article 27,125,150,125,25,20,40,40,4,50,25(3) R M Previous amendment voted June 17 1981 Article 16 (7) Amended by action of Special Town Meeting November 12 1996 Article 6 (8) Amended by action of Special lown Meeting on May 5 1997 Article #9 ID 29 (6) Amended by action of Annual Town Meeting April 24 1989, Article 42 Does the zoning bylaw/ordinance include any mandates or incentives for development of affordable units? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: lowing types of development which would result in the creation of new dwelling units: 1. definitive subdivisions plans; 2. plans subject to MGL Chapter 41 Section 81-P (ANR Plans); 3. special permit developments subject to section 4.12.00 and 4.14.00 of this zoning bylaw unless meeting the specific requirements for examination under this section. 1.19.41 Dwelling units shall be considered as part of a single development, for purposes of development scheduling, if located on either a single parcel or on a set of contiguous parcels of land held in common ownership at any time on or after the date of adoption of this bylaw. 1.19.42 Where Consistent with the applicable growth rate of development limit, building permits for the construction of new residential units in the types of development set forth above shall be authorized only in accordance with the following table: Number of new Units in Development - Maximum Number of Permits/Year 1-8 - 100% 9-20 - 50% 21-30 - 33% 31-50 - 25% More than 51 - 15% 1.19.43 Where the applicable growth rate of development limit does not allow development consistent with the table set forth above, the Planning Board shall establish a development schedule which allows fewer than the maximum number of new dwelling units per year. However, the Planning Board shall not establish any development schedule which phases development for longer than a ten year period. 1.19.44 In addition to the types of development described above, the Planning Board is authorized, upon request, to approve a development schedule for any other building lot or dwelling unit, specifying the month and year in which such lot/unit shall be eligible for a building permit. 1.19.45 In order to facilitate review, the developer may submit a written proposed development schedule to the Planning Board as part of any application for the types of development listed above. Where the developer has not submitted a development schedule, the Building Commissioner shall refer any application for a building permit on a lot within these types of plans to the Planning Board for development scheduling. The Planning Board shall approve a development schedule that is consistent with the provisions of this bylaw. Approved development schedules fo ses is assured through providing yards of at least 4 times building height measured from each lot line which shall contain no parking areas, and through use of outdoor lighting fixtures not higher than 15 feet. 7. The total number of dwelling units is limited to the resultant of the total area of the parcel as measured pursuant to Section 2.12.20 and 2.12.30 of this By-law rounded to the nearest 1,000 square feet divided by 20,000. 4.12.40 Additional Dwelling Units - Upon petition to the Planning Board the number of dwelling units allowed pursuant to Section 4.12.30 paragraph 7 may be increased by 25% provided the applicant meets the requirements of this section. 4.12.41 Specific Requirements 1. The applicant by means of a recordable instrument agrees to offer for sale or rent at an acquisition price or rent level deemed ""affordable"" as hereinafter defined, not less than 50% of the additional units granted pursuant to this section or; not less than 20% of the additional units granted by virtue of this section the ownership of said unit to be transferred by deed or by a recordable irrevocable instrument, to the Tyngsborough Housing Authority who shall thus maintain and use said units in accordance with Massachusetts General Laws Chapter 121B Section 11. 2. The applicant meets the conditions and terms concerning, but not limited to, resale restrictions, tenant-purchaser selection and eligibility, resident priority and other administrative rules and regulations as promulgated by the Planning Board which are designed to insure the goal of providing affordable housing is continued. 3. All units provided pursuant to this section shall not be less than the average size of all other units in the same development and shall be similar in terms of siting, style and quality of construction. 4.12.42 Determination of Affordability - The term ""affordable"" shall be defined as the maximum purchase price or less allowed by the Massachusetts Housing Finance Agency through said Agency's F ZONING BY-LAWS ding Section 3.16.00 Environmental Protection Standards. 4.14.00 Special Permit - Open Space Residential Development The Planning Board may grant a special permit for Open Space Residential Development in the R1 District for single family detached dwellings and accessory structures subject to the provisions of this section. Town Meeting approval of an Open Space Residential Plan is required prior to the granting of a Special Permit. 4.14.10 Objectives - The objective of this section is to allow an optional scheme of development so as to encourage the preservation of common land for conservation, acquisition, open space and recreational use; to preserve historical or archeological resources; to protect existing or potential municipal and private water supplies; to promote more sensitive siting of buildings and better overall site planning; to promote better utilization of land in harmony with its natural features and with the general intent of the Zoning By-law through a greater flexibility in design; and to allow for the more efficient provision of municipal services. 4.14.20 Open Space Residential Regulations - The following regulations shall apply to all developments submitted under this section. 4.14.21 Minimum Parcel Size - Open space residential developments shall be located upon a parcel of land having a minimum of nine acres in the R1 District. 4.14.22 Number of Building Lots Permitted - The total number of building lots in an Open Space Residential Development shall be no greater than the number of building lots that would otherwise be permitted in the district within which the land is located. The Planning Board shall require that the applicant provide satisfactory evidence that the number of lots shown on the Open Space Residential Plan is no greater than the number of lots that could otherwise be developed. All determinations of area for the purpose of determining the number of lots shall be based upon the criteria included in sections 2.12.20 and 2.12.30, and 2.12.40 throu e types of plans to the Planning Board for development scheduling. The Planning Board shall approve a development schedule that is consistent with the provisions of this bylaw. Approved development schedules for the types of development described in this section shall be incorporated, where appropriate as part of the decision filed with the Town Clerk, whether inscribed on the plan and/or filed as a separate attached document. No approved development schedule shall take effect for the purposes of obtaining building permits until recorded separately or as part of the decision. Upon transfer of any lot or unit in the types of development subject to development scheduling, the deed shall reference the development schedule and state the earliest date on which construction may be commenced in accordance with the provisions of this bylaw. 1.19.50 Exemptions. The following developments are specifically exempt from the Growth Rate of Development limits established by this section: 1. Dwelling Units in the types of development set forth in section 1.19.40 which are exempt by virtue of the provisions of MGL Chapter 40A, Section 6; 2. An application for a building permit for the enlargement, restoration or reconstruction of a dwelling in existence as of the effective date of this bylaw, provided no additional residential dwelling unit is created; 3. Temporary Independent Living Quarters approved and permitted under Section 4.15.00 of this bylaw. 4. For the purposes of this Section, any person who owned a parcel of land in Tyngsborough prior to April 6, 2000 shall receive a one time exemption (one building permit) from the Planned Growth Rate of Development Section 1.19.20 and the Development Schedule Section 1.19.30 for the purpose of constructing a single-family dwelling unit on the parcel owned, provided that the single-family dwelling unit shall be owned and occupied by the owner of that parcel of land. In addition, the applicant for the building permit shall comply with applicable standards and regulations regarding the issuance of a building permit as well as any local, state, and federal regulations that are applicable to the parcel. The issuance of a building permit for this purpose shall, however count toward the growth rate limit of one hundred and thirty (130) dwel Does the zoning bylaw/ordinance include any mandates or incentives for development of affordable units? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: ermanently deed restricted to be affordable to (3) Households that earn less than 80% of the median income for the Boston Metropolitan Statistical Area (MSA). Fractions of a unit shall be rounded up to the nearest whole number. Restrictions on these units and management of occupancy shall be performed in a manner that ensures these housing units are incorporated into the Commonwealth of Massachusetts Subsidized Housing Inventory. (3)Other site or facility features including, but not limited to, utilities, parking areas, roadways, gathering spaces shall not detract from the amount of developable land used to calculate residential yield. 3. Building and Dwelling Unit Requirements The following requirements shall apply to all buildings and dwelling units in an AQV: A. Dwelling units can be attached, or detached as single units, or a combination of these types. B. Dwelling Units Per Building - no building shall contain more than four dwelling units. C. Maximum Height - no building constructed in an AQV shall exceed 35 feet in height. D. Maximum Number of Bedrooms - no dwelling unit constructed in an AQV shall contain more than three bedrooms. The average bedroom count per unit in an AQV shall not exceed 2.25. 4. Application Requirements An applicant for a Special Permit to develop an AQV shall submit to the Special Permit Granting Authority all applicable information required for a Full Site Plan Review pursuant to Section 13 of this Bylaw. 5. Decision of the Special Permit Granting Authority The Special Permit Granting Authority may approve, deny, or conditionally approve an application for an AQV. To make their decision, the Special Permit Granting Authority shall in addition to those criteria listed in Section 2.2, consider the following: A. Whether the site is designed to facilitate the enjoyment of its residents through the use of recreational amenities, walkways, pedestrian connections other on-site features conducive to community living. B. Whether the site is designed to minimize B. Applicability Beginning on the effective date of Subsection 2.7 of the Zoning Bylaw, no building permit for new single-family residential construction shall be issued unless in accordance with the regulations contained herein. This section of the Zoning Bylaw shall be in effect until December 31, 2015, at which time it shall automatically cease to be effective, unless otherwise extended for a longer period of time in accordance with applicable provisions of Massachusetts law. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held 10/18/10. This section of the Zoning Bylaw shall apply to all developments as defined as ""DEVELOPMENT"" in Section 14. For purposes of this section of the Zoning Bylaw, adjacent or contiguous parcels of land which were under common ownership at the time of adoption of this Bylaw shall be considered as within a single tract of land. C. Procedures The issuance of building permits for the construction of new single-family detached dwellings on lots within a development as defined as ""DEVELOPMENT"" under Section 14 shall be in conformance with an approved development schedule as formulated under the procedures set forth hereunder. (1) Each development shall be evaluated in relation to the design criteria table in Section 2.7.D. Points assigned in each category of design criteria for which the applicant seeks credit are to be cumulatively totaled for each proposed development. The cumulative total of points shall then be correlated to the development phase table in Section 2.7.E to establish the number of building permits that may be issued within each development phase by virtue of the proposed number of lots and the established rates of development within said table. (2) Said development schedule shall be approved, or modified and approved (including the imposition of reasonable conditions), by the Planning Board, and recorded at the Norfolk County Registry of Deeds and filed ZONING BYLAW nit and ending on the date of issuance of the final occupancy permit for all but two of the dwellings within such development unit. DEVELOPMENT UNIT The total number of building permits and their respective occupancy permits that may be issued within one development phase as determined by a phasing schedule developed under Subsection 2.7.E for each proposed development. DISTRICT A zoning district established in Section 4 of this Bylaw. DORMITORY A building containing sleeping rooms, dining rooms, common rooms, and accessory facilities intended exclusively for the use of students of an educational institution, having been constructed or converted by that institution or with its specific authorization. DRIVE-IN ESTABLISHMENT A business establishment wherein patrons are usually served while seated in parked vehicles on the same lot or served by a drive-up window. The term ""drive-in"" includes drive-in eating establishments where food is purchased from a building on the lot, but is consumed in the vehicle; drive-in service establishments such as banks, cleaners, and the like. DRIVEWAY A space, located on a lot, built for access to a garage or off-street parking or loading space. DWELLING A privately or publicly owned permanent structure which is occupied in whole or part as the home residence or sleeping place of one or more persons. The terms ""one-family"", ""two-family"", ""three-family"" or ""multifamily"" dwelling shall not include hotel, lodging house, hospital, membership club, mobile home, or dormitory. DWELLING, MULTIFAMILY A building containing four (4) or more dwelling units. DWELLING, ONE-FAMILY A detached building containing one (1) dwelling unit. DWELLING, THREE-FAMILY A detached building containing three (3) dwelling units. DWELLING, TWO-FAMILY A detached building containing two (2) dwelling units. DWELLING UNIT Rooms providing complete living facilities for the use of one (1) or more individuals, with permanent provisions for living, sleeping, eating, cooking, and sanitation, whether ow r open space and affordable housing are listed below. These bonuses may be used individually or in some combination to potentially increase the number of units allowed on a site. The aggregate density bonus for an OSRD shall not exceed fifty percent of the Basic Maximum Number. Common Driveway OSRD proposals are not eligible for density bonuses. (1)Open Space: In all applicable Districts, the Planning Board at its discretion may increase the number of dwelling units beyond the Basic Maximum Number and award a ten percent (10%) density bonus for each additional five percent (5%) of upland open space that is designated as protected under the OSRD. However, this density bonus shall not exceed twenty-five percent (25%) of the Basic Maximum Number. (2)Affordable Housing: For every one dwelling unit restricted to occupancy for a period of not less than ninety-nine (99) years by persons or families who qualify as low or moderate income, as those terms are defined for the area by the Commonwealth's Department of Housing and Community Development (DHCD) and that shall be eligible for inclusion in and count toward the Town's ""Subsidized Housing Inventory,"" as maintained by DHCD or any successor agency, the Planning Board may award a density bonus of two (2) market-rate dwelling units. However, this density bonus shall not result in a number of units that exceeds fifty percent (50%) of the Basic Maximum Number. 13. Adoption of Rules and Regulations The Planning Board may, after notice and hearing, adopt rules and regulations to implement the provisions of Section 10-D, including but not limited to specifying the content and number of required plans, application procedures, filing and review fees, design criteria, development standards, and other general requirements consistent with this Bylaw. 10-E. COMMON DRIVEWAYS 1. Purpose The purposes of providing access to more than one residence or business, rather than by individual driveways on each lot are: A. To enhance public safety by reducing the number and frequency of points at which vehicles may enter upon the ways used by the public; B. Encourage the protection and pre Does the zoning bylaw/ordinance include any mandates or incentives for development of affordable units? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: 900 (2-3 bdrm) 15. Max. number of units with more than 2 bedrooms (%) 20 16. Min. number of affordable units (%) 20 [3] 17. In mixed use structures, maximum non-residential floor area ratio 0.3 * except only 2.5 stories and 35 feet within 100 feet of a recognized watercourse (pond, reservoir, river, etc.), or within 2,500 feet of the rotary in the center of Town or where property under consideration is adjacent to a residential district. B. Notes to Dimensional Requirements 1. It is specifically noted that side yard setbacks may be reduced to zero in cases where the Planning Board determines that joined buildings add to the ""village center"" atmosphere that is envisioned by this By-law. 2. Where the Planning Board finds merit, it may allow taller structures where lot coverage on the development parcel is correspondingly reduced. For example, assuming all others features and characteristics of a Special Permit application comply with this regulation, a four story structure would be allowed with a maximum coverage of 60%. The proponent might suggest an 8-story building with a coverage of 30% (50% increase in allowed height and 50% decrease in coverage). 3. The minimum of 20% of the units that are to be designated affordable must comply with the requirements of the Massachusetts Department of Housing and Community Development or a successor agency. Such units shall have deed restrictions regarding affordability which will continue in perpetuity and will allow the units to ""count"" as State recognized affordable units. All such affordable units shall be priced at levels affordable to individuals or families earning no more than 80% of Area Median Income (AMI) as published by the State/US Department of Housing and Urban Development (HUD). 4. A 75-foot buffer strip shall be maintained where abutting a Residential District; thirty feet of this to remain undisturbed, except for the planting of additional natural vegetative screening. 5. No floor of a dwelling unit, except for unoccupied basements, shall be below grade of the adjoining ground at any place on its perimeter. 6. See Secti is in a zone other than the Single Residence Zone, the Special Permit applicant shall be entitled to a bonus of 5 additional units in the multi-family project. However, such density bonuses are usable only to the extent that the proposed project, with the added units, in the discretion of the Planning Board, continues to meet all other requirements of these By-laws including satisfying the goals stated in the Purpose Section herein. G. For example, if a parcel in the Industrial C Zone that is the subject of an application under this Transit-Oriented Village By-law meets all requirements for a total of 40 units (4 base units per acre on a 10-acre parcel) and the applicant is preserving 10 acres of acceptable land in the Single Residence Zone, the total possible units in the multi-family housing project would be 140 units (40 base units, 100 bonus units). This assumes that the 140-unit project still meets all requirements of this By-law, including those which are discretionary on the part of the Planning Board. H. In the event that a transfer of a partial acre of land from a Sending Parcel, or any other calculation, results in a number of bonus units, or total units per acre, which is a fraction, the total shall be rounded down to the previous whole number. I. In approving a T-OV, the Planning Board shall have the power and authority to condition the Special Permit on the fulfillment of reasonable improvements to or near the Sending Parcel, as well as its traditional authority to impose conditions on and near the site to. be developed. For example, the Planning Board might condition a T-OV Special Permit on the installation of a certain number of parking spaces on the Sending Parcel to facilitate the Town's use and enjoyment of the preserved land. 5091. Specific Site and Construction Standards. Unless modified in accordance with the above paragraph on General Standards, the following specific site and construction standards shall be observed in the development of a T-OV project as stated in the T-OV Architectural Guidelines applied by the Design Review Board. A. Architectural Standards: Design characteristics The total number of lots shall not exceed the number of lots which could reasonably be expected to be developed under a conventional plan in full conformance with zoning, subdivision regulations, and health codes. 3. Intensity Regulations. The Planning Board may grant a reduction of all intensity regulations of the underlying zone regulations for all portions of an open space development if the Board finds that the reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with these regulations, provided that in no instance shall any lot deviate from the following table of requirements: Table of Requirements Maximum Lot Size 15,000 square feet Minimum Lot Size 8,000 square feet Minimum Frontage 50 feet Minimum lot width, at building line 80 feet Minimum Front Yard Setback 30 feet Minimum Side Yard 15 feet Minimum Rear Yard 15 feet 4. The minimum front yard setback requirement contained in this Bylaw may be waived by the Board in order to achieve the purpose of this Bylaw. 4350. Common Open Space Ownership and Management. Common open space in any development under this provision shall be conveyed to: 1. an Open Space Land Trust, or any other nonprofit corporation, approved by the Planning Board, the principal purpose of which is the land conservation and the preservation of open space; and/or 2. a corporation, trust or association owned or to be owned by the owners of the lots in the development, hereafter referred to as the ""Homeowners Association"", provided that the land shall be conveyed to the ""Homeowners Association"" subject to covenants, enforceable by the Town, to keep the dedicated common space, open or in a natural state as approved by the Planning Board; and/or 3. the Town, and may be accepted by it for conservation and/or recreational use; and/or 4. owners of the lots within the open space community subject to a conservation restriction acceptable to the Board. 4360. Application and e Planning Board. The total area of the building lots shall not exceed twenty percent (20 %) of the entire parcel for a Mixed Use PPD, nor shall the total area of building lots exceed thirty percent (30%) of the entire parcel for an Industrial PPD. Areas of wetlands, private and public ways and existing easements shall be excluded in calculating the total parcel area. Parking lots and parking areas must be included within the defined building lots. 4652. Lot Size. No lot shall have a frontage less than seventy-five (75) feet on a street, nor an area less than fifteen thousand (15,000) square feet. Planned Parcel Developments shall be exempt from dimensional requirements as may be required in other sections of this Bylaw and shall be as determined by the Planning Board in accordance with the purposes and intent of this section. The Planning Board may establish, at its discretion, the various dimensional standards, including but not limited to, lot area, frontage, yard, height and building separation, to achieve the purposes and intent of this section and may require modifications or conditions in the plan for the purpose of this section. 4653. Unit Density Ratio. The maximum number of dwelling units in a Mixed Use Planned Parcel Development shall be one (1) for each twenty-five thousand (25,000) square feet of the total parcel area as defined in Section 4651. The Planning Board may authorize a limited increase in the unit density ratio according to the following: a. For an increase in open space in excess of the required minimum open space, or a decrease in the computational area requirement from twenty-five thousand (25,000) square feet to fifteen thousand (15,000) square feet. b. For distinctiveness and excellence in design and landscaping, a maximum decrease in the computational area requirement from twenty-five thousand (25,000) square feet to twenty-two thousand five hundred (22,500) square feet. Indust interest by the preservation of open space and natural landscape features in perpetuity, and ensure that residential development, to the maximum possible extent, respects the natural features of the land. Promote housing patterns which are designed to be sensitive to and accommodate a site's physical characteristics. Such features include wetlands and water bodies, topography, vegetation, wildlife habitats, scenic views & vistas, the integrity of ancient ways, historic sites, and the remaining rural character of the community which is exemplified by its farmlands, open field and orchards. 4315. Applicability. Open Space Communities shall be allowed within the Residential Zoning District subject to the requirements of this Bylaw for that District and in accordance with the additional requirements specified herein and in the Subdivision Rules and Regulations. 4320. General Requirements. 1. Any parcel of land located within the residential zone containing ten (10) or more acres shall be considered for open community development. 2A. For major residential development, that is, the potential creation of more than six (6) residential house lots on a property or set of contiguous properties in common ownership, an open space community development is allowed only by Special Permit issued by the Planning Board. 2B. For minor residential development, or a parcel of at least five (5) acres but less than ten (10) acres in size, at the owners option, an application can be made for an Open Space Community Special Permit in preference to filing a conventional development plan. 4330. Minimum Requirements. 1. Size. The total area of the tract or parcel proposed for the Open Space Community shall be at least ten (10) acres, and have a minimum of fifty (50) feet of frontage on an existing Town way. 2. Density. The total number of lots shall not exceed the number of lots which could reasonably be expected to be developed under a conventional plan in full conformance with zoning, subdivision regulations, and health co Does the zoning bylaw/ordinance include any mandates or incentives for development of affordable units? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: ZONING BY-LAW tion. 7. The Board of Health has issued a favorable recommendation as to the suitability of the subsurface disposal system for the proposed Accessory Apartment. Such recommendation may include conditions which, in the opinion of the Board of Health, are necessary to ensure standards in keeping with public heath interests. 8. Sufficient and appropriate space exists on the lot for at least one additional off-street parking space to serve the Accessory Apartment in addition to the off-street parking spaces required to serve the Single Family Dwelling. Said additional parking space, whether already existing or to be constructed, shall have a gravel or paved surface, and shall be accessed from the driveway serving the Single Family Dwelling to be altered or the Accessory Building to be converted. 9. The owner or owners of the property shall live either in the Single Family Dwelling or in the Accessory Apartment. In granting a Special Permit for an Accessory Apartment, the Special Permit Granting Authority may impose reasonable conditions, including a requirement that the applicant post security in the form of a bond or cash deposit for the performance of representations and agreements made by the applicant in connection with the special permit application. A Special Permit for an Accessory Apartment shall provide that the Special Permit shall lapse upon transfer of title to the subject property unless the transferee applies for a renewal of the Special Permit within six months of the date of transfer and the renewal is subsequently granted. H. FLEXIBLE DEVELOPMENT REQUIREMENTS AND PROCEDURES 1. Applicability An owner or owners of land in a Single Family Residence District may apply to the Planning Board for a Special Permit for Flexible Development under this Section VI.H. This will exempt such land from the lot area, frontage, setback and other applicable dimensional requirements set forth in the Table of Conventional Dimensional Requirements of this Zoning By-Law in order to fulfill the purposes of Flexible Development. The Planning Board shall be the Special Permit Granting Auth ovided that such project obtains any required Special Permit by May 6, 1992. G. ACCESSORY APARTMENT The Special Permit Granting Authority may authorize, in any Residential District, the alteration of a Single Family Dwelling to include an Accessory Apartment, or the conversion of a detached Accessory Building such as a garage, barn or gate house to an Accessory Apartment, provided that the following criteria have been met: 1. The Single Family Dwelling to be altered or the Accessory Building to be converted, is on a lot which conforms to the lot area requirements for the residential district in which it is located. 2. Construction of the Single Family Dwelling to be altered, or the Accessory Building to be converted, was completed, including any additions or enlargements thereto, at least ten years prior to the date of the special permit application. 3. The Single Family Dwelling to be altered contains at least 3,000 square feet of habitable area, not including unfinished attic or basement area. 4. The proposed Accessory Apartment will have at least 600 square feet of gross floor area but, if to be located within a Single Family Dwelling, will not also have a gross floor area exceeding 25% of the habitable area of the Single Family Dwelling (excluding unfinished attic and basement area). 5. The Accessory Apartment will contain separate cooking facilities and one or more bathrooms, but not more than two bedrooms. 6. The alteration or conversion for Accessory Apartment purposes will not result in any increase in building coverage, other than a fire exit, fire escape or other safety feature required by the State Building Code. In any event, the alteration or conversion will not result in substantial changes to the exterior of the building which would be inconsistent with the exterior appearance of the building immediately prior to date of the special permit application. 7. The Board of Health has issued a favorable recommendation as to the suitability of the subsurface disposal system for the proposed Accessory Apartment. Such recommendation may include conditions e adequate, but not excessive, provisions for parking. There shall be provided at least two parking spaces per dwelling unit (counting garage space) plus additional parking for recreational amenities and provisions of guest spaces. All parking lots must be landscaped to the satisfaction of the Planning Board. (ii) The frontage and setback requirements in the underlying Zoning District(s) where the tract is located shall be the minimum for an AARD. (iii) An AARD shall provide at least 45% undisturbed, restored and created open space. Undisturbed open space shall be preferred, especially along the perimeter of the tract. Open space is defined as land not covered by buildings, above ground structures and paving or any other type of impervious surface. (iv) The maximum AARD floor area ratio (Residential Gross Floor Area, ""RGFA"" of all buildings minus total gross floor area of affordable units) divided by the total buildable area of the tract (minus the Exclusions) of an AARD shall not exceed 11 %, however, there may be, at the Planning Board's discretion, provision for the addition of bonus gross floor area, up to a maximum floor area of 5%, upon the provision of additional open space, other public benefits and/or additional affordable housing (whether low or moderate income as defined in760 CMR 45.02), as the Planning Board may determine. (v) The maximum number of dwelling units per acre shall be 1.5, excluding affordable units. In making such computation, the Exclusions shall be deducted from the total land area. (vi) Buildings in an AARD shall be arranged efficiently and clustered in order to maximize provision of open space on a site. There shall be no more than four dwelling units in a single building. (vii) Prior to Town Meeting approval of a Concept Plan, the applicant shall execute a Development Agreement with the Board of Selectmen, after review and approval by the Planning Board. Such Development Agreement shall memorialize any additional obligations which the applicant has agreed to undertake in addition to those obligations which are expressly required by the Concept Plan or the Zoning By-law all conform to the following requirements as to square footage, frontage, set-backs, square feet of land per unit, number of units per building, buffers, number of bedrooms per unit, and area of living space. 2. Table of Dimensional Requirements. ,District, ,A,B Minimum lot area in square feet,""240,000"",""600,000"" Minimum street frontage on existing public way,200 ft.,100 ft. Minimum setback from street side line of existing public way,100 ft.,65 ft. Minimum setback from street centerline of existing public way,125 ft.,N/A Minimum setback from lot line,100 ft. (a),65 ft. Square feet of land per unit (b),""30,000"",""10,000"" Number of units per building,2 to 8,4 to 8 ""Buffer maintained in natural state, or landscaped, around perimeter of lot."",50 ft,25 ft. Minimum garage distance from lot line,65 ft..,45 ft Minimum setback from side line of road located within the lot,20 ft.,20 ft. Minimum setback from center line of road located within the lot,45 ft..,45 ft Maximum average number of bedrooms per unit,2,N/A Minimum floor area of living space in square feet,750,750 Notes (a) In cases where a lot line is adjacent to permanent conservation land, a railroad, or certain other types of municipal open land which in themselves serve as buffers, the minimum setback from lot line may be 65 feet. (b) The number of square feet of land per unit shall consist entirely of land outside the Wetlands and Flood Plain Protection District. ***** 3. The aggregate of all dwelling structures in Multiple Dwelling Districts shall not cover more than 20% of the lot upon which they are built. The aggregate of all structures and off-street parking areas, whether or not covered, in Multiple Dwelling Districts shall not cover more than 30% of the lot upon which they are built or located. 4. No garage structure shall measure more than 100 feet in length and no other building shall measure more than 250 feet in length. No garage structure shall exceed a height from the ground of one story. All buildings shall be separated from other buildings by a distance of at least 25 feet, and a garage shall Does the zoning bylaw/ordinance include any mandates or incentives for development of affordable units? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: imited parking needs, recreational ancillary use, and landscaped to provide for pedestrian/ handicapped and emergency vehicle access. 7.4.5 Parking Requirements. The following off-street parking requirements shall be in force: 1. Congregate Living Residences, and, as applicable, Independent Living Residences; a. one-half (0.5) off-street resident/visitor parking spaces for each bed or bedroom unit, minimum. b. off-street loading area - one (1) space for each thirty thousand (30,000) square feet of gross floor area, or a fraction thereof. No off-street parking area shall be considered as an off-street loading area. c. off-street employee (staff) parking space needs shall be determined by the total proposed employee count divided by the number of work shifts/periods plus eight (8) spaces. The resulting number shall be increased by the number of facility vehicles required to serve the facility and resident needs. Such total parking space needs shall be segregated from residential and visitor parking and so designated by signs. d. Development incentive - Notwithstanding the provision stated at subsection c., above, as an alternative thereto, an applicant for a development incentive to allow building height to exceed thirty (30) feet maximum shall include provisions to provide ground level and/or underground level parking facilities contained within each building foundation. Total building height may exceed allowable maximum of the equivalent that such contained parking is provided [number of stories, not exceeding two [2]). The total effect shall result in additional open space yard areas abutting each such building; utilized to support additional resident recreational ancillary use. The floor area of any underground parking facility need not be included to determine compliance with floor area ratio requirements. 2. Independent Living Residences. a. two (2) resident off-street parking spaces for each residential unit. b. one-quarter (0.25) visitor off-street parking space for each een executed assuring the open space or recreational use of lands so designated in the application. 7. The cluster development shall be so designed that internal access, drainage, utilities and grading shall be functionally equivalent to that required for conventional lots in the Planning Board's adopted Subdivision Regulations or other rules and regulations, if applicable. 7.3.7 Development Incentive for Affordable Housing. 1. An applicant may apply to increase the number of dwelling units up to a maximum of twenty-five percent (25%) of the units otherwise permitted on the tract under this section, provided that a minimum of ten percent (10%) of all units in the tract are affordable. In all cases affordable units shall be mingled with market-rate housing units. 2. The applicant for the development incentive shall document the affordable units' sales prices and how that affordability will be guaranteed over time. For the purposes of this section, the affordability criteria and standards for affordability guarantees of the Ashland Affordable Housing Committee shall be used. In the absence of such criteria, the criteria and standards of the Massachusetts Home Ownership Program shall be used. In cases involving the sale of units to the Ashland Housing Authority, the Commonwealth of Massachusetts Executive Office of Communities and Development's standards and regulations governing such sales shall apply. 3. The Planning Board shall have the discretion to allow the use of attached dwelling units in a project developed under this section. No more than two (2) dwelling units per structure shall be allowed. Attached dwelling units shall be allowed upon meeting the following conditions: a. Attached units shall not visually detract from the surrounding neighborhood. b. Attached units will not result in an inappropriate density for the site. c. Attached units will result in a greater amount and more beneficial use of open space. 4. The Planning Board may require as a condition of this sectio n to the entire proposed development, including any off-site improvement proposed by the applicant or required by the Planning Board as a condition of its approval. The conditions which may be attached to the Approval of a subdivision application include the following: (a) Controls on the location and type of access to the site. (b) Requirements for off-site improvements to improve the capacity and safety of roads and intersections which are likely to be directly affected by the proposed development. (c) A payment of a fee into a separate interest-bearing trust fund for transportation network improvements which are directly related to alleviating impacts of the proposed development. These fees shall be equal to the prorated costs of offsetting the impacts of the development as determined by the Planning Board, proportionate to the entire costs of such improvements. The Planning Board may waive the requirements of off-site traffic mitigation measures for developments which include low/moderate-income housing. E. Plans submitted shall be compatible with the Ashland Comprehensive Plan and other Specific Area Plans adopted by the Planning Board and/or the Town of Ashland. (Approved on April 26, 2001) F. Public Hearing. (1) Before approval, modification and approval or disapproval of the Definite Plan is given, a Public Hearing shall beheld by the Planning Board, notice of the time and place of which and of the subject matter, sufficient identification, shall be given by the Planning Board by advertisement at the expense of the applicant in a newspaper of general circulation in the Town of Ashland, once in each of two (2) successive weeks, the first publication being no fewer than fourteen (14) days before the day of such hearing and by mailing a coy of such advertisement to the applicant and to all abutters by certified mail, return receipt requested. Secondary abutters shall receive notice by regular mail. (2) The Planning Board shall provide the applicant with the notice to be published. It is the appl floor area ratio requirements. 2. Independent Living Residences. a. two (2) resident off-street parking spaces for each residential unit. b. one-quarter (0.25) visitor off-street parking space for each residential unit. 3. On-site ancillary use/service facilities (remote from other resident uses). a. Retail/Office - one (1) off-street parking space per one hundred-eighty (180) square feet of leasable floor space. b. Restaurant-type/snack bar (food service) - one (1) off street parking space per four (4) seats. 4. Reduction of parking space requirements may be authorized by the Planning Board based upon presentation of substantiated statistical data. 7.4.6 Ancillary Uses. Elderly assisted living residence providers may furnish ancillary uses within a residential building or congregated in a separate structure, or both as approved by the Planning Board. Any commercial sales/service enterprises, as may be desirable for the convenience of those served, may include, but are not limited to barbers/hairdressers, retail sales, restaurants, snack bars, gift shops, laundry services, banking, financial services, businesses and professional offices and non-resident elderly day care, subject to the following conditions: 1. Ancillary uses shall be made available for use and convenience of the residents, guests and staff of an elderly assisted living unit residence or combination of residences. Any use provided for off-site patrons shall maintain traffic patterns and sufficient off-street parking, segregated from areas and access which are provided for resident, visitor and staff use; and shall not impact the functioning of the principal use, as determined by the Planning Board. 2. Ancillary uses shall not exceed twenty (20%) percent of the gross floor area allocated for residential use unless approved by the Planning Board. 3. Capacity of any restaurant/snack bar shall not exceed sixty (60) seats unless approved by the Planning Board. 4. Ancillary uses located within a residential related to advance battery systems. [Added 5-5-2010 ATM, Art. 22] AMBULATORY Capable of walking independently or of personal mobility aided by mechanical means or staff (aide) assistance; not bedridden. ANIMAL KENNEL OR HOSPITAL Premises for raising, harboring or care of domestic animals for a fee. APPLICANT The legal or beneficial owner or owners of any land proposed within the Mixed Use Special District. AQUIFER Geologic formation composed of rock, sand, or gravel that contains significant amounts of potentially recoverable water. ASSISTANCE WITH ACTIVITIES OF DAILY LIVING Physical support, aid or assistance with bathing/bathroom use, dressing, grooming, ambulation, eating, self-administered medication management, or other similar tasks. ASSISTED LIVING FACILITY Facility licensed pursuant to G.L. c. 19D. BASEMENT That portion of a building which is partly or completely below grade. BED-AND-BREAKFAST INN A house or portion thereof where short-term lodging rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises. BEDROOM Any habitable room in a dwelling, other than a living room, dining room, kitchen, utility room or bathroom, if such room exceeds seventy (70) square feet. Any dwelling unit in which no such room exists shall be construed to contain one (1) ""bedroom."" BOARDINGHOUSE A building used for lodging between five (5) and fifteen (15) individuals, with or without meals, for compensation, with the owner resident on the premises. BUFFERING/SCREENING Methods intended to separate and partially obstruct the view of two (2) adjacent land uses or properties from one another. Such techniques may include planting of greenery (including trees), fencing, walls, hedges, or other features. BUILDING Any structure or parts thereof, enclosed within exterior walls or firewalls, built, erected and framed of a combination of any materials, whether portable or fixed having a roof or similar covering, whether or not permanent in nature, to form a structur What year was the inclusionary/incentive provision adopted? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] I don’t know. " "[INST] Context: ilding, be occupied or counted as an open space for another building. 5.7 Division of Developed Lots Any lot on which more than one house existed at the time of the adoption of this by-law may be divided and sold to separate owners and used with a minimum nonconformance. For each foot that such lot is less than seventy-five (75) feet wide, one (1) foot may be deducted from the sum of the width of the required two (2) side yards, provided that the buildable width need not be reduced to less than thirty (30) feet and further provided that no side yard shall be less than six (6) feet. 5.8 Location of Accessory Structures a. The yard provisions for principal structures shall apply to accessory structures, both detached or attached to the principal structure, when used for human occupancy. b. A detached accessory structure of one (1) story shall not be closer to the principal structure than ten (10) feet. A detached accessory structure of two (2) stories or more shall not be closer to the principal structure than fifteen (15) feet. c. Accessory structure or structures shall not occupy more than twenty-five percent (25%) of the required rear or side yard areas. d. Accessory Buildings shall be no nearer than five (5) feet to any side or rear lot line. 5.9 Floor Area All dwelling units except single family houses shall provide a minimum habitable floor area as follows: a. Seven hundred and fifty (750) square feet for a dwelling unit on one (1) floor. b. Five hundred (500) square feet on the first floor of a dwelling unit of one and one-half (1 1/2) floors. c. Four hundred (400) square feet on the first floor of a dwelling unit on two (2) floors. 5.10 Corner Clearance Between the property lines of intersecting streets and a line joining points on such lines twenty (20) feet distant from their point of intersection (or in the case of a rounded corner, the point of intersection of their tangents) no structure may be erected and no vegetation other than shade trees may be maintained between two (2) and eight (8) feet above the plane through their curb grades. 5.11 Gasoline Filling and/or Service Station ply within the Health Care Service District. In the Health Care Services District, minimum lot frontage and yard requirements are to apply to the perimeter of Health Care Services District unless the fee owner elects to divide or subdivide land pursuant to the Subdivision Control Law, M.G.L. c.41 ss81K et. seq. Following any such division or subdivision, such minimum lot frontage and yard requirements shall apply to all property lines created thereby. In the Health Care Services District, the minimum lot area, maximum building coverage percentage, maximum floor area ratio and minimum open space percentage are to apply to the entire District only in the aggregate, regardless of whether or not any such division or subdivision occurs from time to time. 5.4 Corner Lots On corner lots, the yard fronting on each street shall meet the front yard requirements of that street. Provided that the lot has frontage on a way shown on a plan previously approved under the subdivision control law or on a way which existed when the subdivision control law became effective and which in the opinion of the Planning Board has sufficient width, suitable grades and adequate construction to provide for vehicular traffic and for the installation of municipal services. 5.5 Cornices and Eaves Nothing herein shall prevent the projection of cornices or eaves not exceeding eighteen (18) inches in width, or of uncovered steps, unroofed porches, or window sills into a required yard or other open space. 5.6 Maintenance of Minimum Required Dimensions Lots on which buildings are located in any district shall not be reduced or changed in size or shape so the building or lot fail to comply with the lot area, frontage, setback or yard provisions of this bylaw. This provision shall not apply, however, when a portion of a lot is taken or conveyed for a public purpose. Yards, courts, or other open space required for a building by this by-law shall not, during the life of such building, be occupied or counted as an open space for another building. 5.7 Division of Developed Lots Any lot on which more than one house existed at the time of the adoption of this by-law may be divided and 7.2 Additional Requirements for Multifamily Dwellings Approved by Attorney General December 10, 1999 7.2.1 Siting and Layout Requirements a. The development shall be integrated into the existing terrain and surrounding landscape, and shall be designed to protect abutting properties and community amenities. Building sites shall to the extent feasible: (1) minimize use of wetlands, steep slopes, floodplains, hilltops; (2) minimize obstruction of scenic views from publicly accessible locations; (3) preserve unique natural or historical features; (4) minimize tree, vegetation and soil removal and grade changes; and (5) maximize open space retention and (6) screen objectionable features from neighboring properties and roadways. b. More than one structure may be placed on a lot, but no residential structures shall be placed closer to each other than 10 feet and must be visually separated by trees and plantings. In addition, each dwelling must be provided with access, drainage and utilities functionally equivalent to that provided under the Planning Board's Subdivision Rules and Regulations. 7.2.2 Design Requirements a. Buildings shall be in harmony with the prevailing character and scale of buildings in the neighborhood and the town through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. Variation in detail, form and siting shall be used to provide visual interest and avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate light, air, circulation and separation between buildings. 7.2.3 Vehicular and Pedestrian Access Requirements a. The Plan shall maximize the safety and convenience of pedestrian and vehicular movement within the site and in relation to adj requirement**,No requirement**,No requirement** Max. Building Coverage (entire parcel),20% in all districts.,, Max. Impervious Surface (entire parcel),25% in all districts,, Minimum Buffer Areas around parcel perimeter,See Section 7.1.6.2 b.,below., *May be established by the Planning Board within its discretionary special permit authority for a cluster development. ** ""No Requirement"" shall mean that any setback dimension may be set by the Board within its discretionary special permit authority for a cluster development. 7.1.5 Affordable Dwelling Units a. Applicants are encouraged to provide dwelling units that are deemed to be affordable or below market sales price or rental levels for the region. Units may be of the ownership type or, if managed by a duly authorized non- profit or governmental entity, rental type. b. The applicant shall establish such restrictions, conditions and/or limitations as are necessary to ensure that any designated affordable housing units provided in the development will remain affordable housing on a long term basis, whether said units are of the ownership or rental type. By means of special conditions attached to the issuance of the Special Permit where affordable units are proposed in a cluster, the Board shall establish a requirement that the units remain affordable for a minimum of twenty years or other period set by the Board. Affordability levels shall be indexed over time to rents and sales prices based upon annual household income definitions provided by the HUD Regional Economist, Boston regional office A maximum of thirty (30) percent of the units in a cluster may be designated as affordable units. Affordable housing units shall be geographically dispersed throughout the development, to the degree feasible, in developments with ten (10) or more units. 7.1.6 Cluster Development Design Guidelines 7.1.6.1 Vehicular and Pedestrian Access and Circulation a. The principal access drives serving the cluster development site shall be known as Interior Roadways. They shall not be required to meet municipal design standard ribed in Section D of this By-law. DWELLING UNIT shall man any portion of a building occupied or suitable for occupancy as a residence and arranged for the use of one or more individuals living as a single housekeeping unit with its own cooking, living, sanitary and sleeping facilities. 11.5.3 Procedures Any building permits issued shall be issued in accordance with the following procedures. a. The building Inspector shall act on each permit in order of submittal. Any permit application that is incomplete or inaccurate shall be returned to the applicant within Three (3) business days and shall require new submittal. b. The Building Inspector shall accept applications and issue permits One (1) year at a time. c. The Building Inspector shall mark each application with the time and date of submittal. d. Any issued permit shall conform to the time limits set by the appropriate existing Section. e. Any building permits not issued in any calendar year (1st January 31st December) shall NOT be available for issuance in any subsequent year. f. At the end of each calendar year that this By-law is in effect, the Building Inspector shall retain all applications for which a building permit has NOT been issued. Upon being informed, in writing, by the applicant before the 10th. January of the succeeding year that the applicant desires the application to remain in effect, the Building Inspector shall treat said application in accordance with Section b. above. 11.5.4 Exemptions The provisions of this Section shall NOT apply to, nor limit in any way, the granting of building permits or occupancy permits required for enlargements, including so called ""Mother in Law apartments"", restoration, or reconstruction of existing dwellings existing on lots as of the date of passage of this By-law. a. Dwelling units for low or moderate income families or individuals, where all of the following conditions are met: b. Dwelling units for Senior residents, where the occupancy of the units is restricted to Senior persons through a properly executed and recorded deed restriction running with th What year was the inclusionary/incentive provision adopted? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] I don’t know. " "[INST] Context: ed this new Section on Curbs and Berms 6. June 21, 1988 Section III-8-C. - Performance Guarantee - Restrictive Covenants Established this new section on Restrictive Covenants 7. August 2, 1988 Section III-8-C. - Performance Guarantee Section VI.C.1. - Administration - Building Permits Changes and Deletions in the May 20 and October, 1986 Amendments 8. January 15, 1991 Section II.A. - Definitions Added or amended, the following definitions: Adequate Access Approval Not Required Plans Certified By Frontage Street, Minor Street, Principal Street, Secondary Subdivision Submitted Plan Section II.B - Approved Plan Required Language amended. Section II.E. - Fee Fees changed. Section III.A. - Procedure for the Submission and Approval of Plan Believed Not to Require Approval Requirements for submission. added. Section III. B. - Preliminary Plan Language amended. Section III.C.1,2,& 4 - Definitive Plan Requirements for submission added, language amended, review by Salem/Beverly Water Supply required. Section III.C.7 - Definitive Plan - Certificate of Approval Refer to Appendix U for statutory review periods. Section III.C.8. - Definitive Plan - Performance Guarantee Retitle subsection C. ""Restrictive Covenants"" as ""Developer's Disclosure Agreement."" Section III.C.10. - Definitive Plan - Release of Performance Guarantee - Utility trenches must survive one winter in a satisfactory condition before being approved by the Public Works Commissioner. - As-Built Plans must be submitted along with Acceptance Plans before final release of bond. - Requirements for As-Built Plans added. Section IV.A.1. - Design Standards - Streets Roadway easement and/or utility extension may be required at the end of a turnaround to adjacent property. Section IV.A.2. - Design Standards - Alignment of Streets The minimum centerline radii of curved streets shall be changed from (150') to (300), language amended. Section IV.A.3. - Design Standards - Width of Streets Language added which specifies that minimum pavement width shall be 32' except for streets in Minor Subdivisions. Section IV.A.4. - Design Standards - Grade of Streets maximum grades are changed from (9%) to (6%) fo veloper, provided that the credit units are used within ten (10) years from the effective date of the Special Permit. H. Dimensional and Density Regulations for On-Site Units 1. The following dimensional and density regulations shall apply to any development that provides all of the required affordable units as on-site units; provided, however, that for purposes of determining a development's base maximum density and required percentage of affordable units under Subsection E above, the Building and Area Requirements set forth in Section 29-7(D) through Section 29-16(D) shall apply. a. In the R-90, R-45, R-22, R-15 or R-10 district, for each on-site affordable unit, the applicant may propose one additional dwelling unit over that which would otherwise be permitted in the district. The minimum lot area for any lot in the development shall be not less than 85% of the minimum lot area in Section 29-7(D) through Section 29-11(D), as applicable. b. In the R-6 district, for each on-site affordable unit, the applicant may propose one additional dwelling unit over that which would otherwise be permitted, except that if the development includes two-family or semi-detached units and the required percentage of affordable units results in an odd number, the applicant may propose an additional unit in order to build an even number of units. The minimum lot area shall be not less than 85% of the minimum lot area for a detached one-family dwelling, nor less than 80% of the minimum lot area for a two-family or semi-detached dwelling, as set forth in Section 29-12(D). c. In the RMD, RHD and RSD districts, for each on-site affordable unit, the applicant may propose two additional dwelling units over the number of units that would otherwise be permitted in the district. The minimum lot area shall be not less than 85% of the minimum lot area for a detached one-family dwelling, nor less than 80% of the minimum lot area per unit for a two-family or semidetached dwelling, nor less than 70% of the minimum lot area per unit for a multi-family unit, as set forth in S 29-34 INCLUSION OF AFFORDABLE HOUSING (Ord. No. 103, 7-17-07) A. Purposes and Intent 1. To provide affordable housing choices throughout the City, in furtherance of the housing goals of the City of Beverly Master Plan and the City of Beverly Affordable Housing Plan. 2. To provide for a diverse, balanced and inclusive community, with housing for persons of all income levels as a matter of basic fairness and social responsibility. 3. To assure that affordable housing is made available on an equal basis to all eligible households without regard to race, religion, age, sex or other class status as defined in the federal Fair Housing Act of 1968, as amended. 4. To encourage the inclusion of affordable housing in all new residential and mixed-use developments. B. Applicability 1.This Section applies to any development that results in or contains ten (10) or more residential dwelling units. The types of development subject to the provisions of this Section include, without limitation, the following: a. A division of land resulting in the creation of ten or more residential lots. Developments shall not be segmented to avoid compliance with this Section. ""Segmentation"" shall mean divisions of land that would cumulatively result in an increase of ten (10) or more residential lots above the number existing on a parcel of land or contiguous parcels in common ownership or control twenty-four months prior to the application. Where such segmentation occurs, it shall be subject to Section 29-34.1. A subdivision or division of land shall mean any subdivision as defined in the Subdivision Control Law, Chapter 41, Sections 81K-81GG of the Massachusetts General Laws, or any division of land under Chapter 41, Section 81P of the Massachusetts General Laws, when such division of land results in lots for residential use. b. New residential construction or new mixed-use construction that includes ten (10) or more dwelling units. c. A development of 10 (10) or more new dwelling units that involves the redevelopment, reconstruction or rehabilitat e added which specifies that minimum pavement width shall be 32' except for streets in Minor Subdivisions. Section IV.A.4. - Design Standards - Grade of Streets maximum grades are changed from (9%) to (6%) for secondary streets, and from (6%) to (3%) for principal streets. Language-amended. Section IV.A.5. - Design Standards - Dead-end Streets Language amended, maximum grade within cul-de-sacs limited to (2%) . Section IV.A.6. - Design Standards - Minor Subdivisions Rename ""Minor Streets"" as ""Minor Subdivisions,"" language amended. Section IV.G.1. - Design Standards - Fire Hydrants Location of new hydrants specified. Section IV.H - Design Standards - Sidewalks, Grass Plots, Trees Guard rail requirement next to dangerous conditions Section V.A. - Required Improvements for an Approved Subdivision Certification from Registered Land Surveyor or Registered Professional Engineer required for Acceptance and As-Built plans. Section V.B. - Required Improvements for an Approved Subdivision - Street and Roadway Unpaved roadways must be leveled prior to a winter season. New slope requirements for embankments. Section V.C. Required Improvements for an Approved Subdivision - Utilities Requirements for fill amended. Language concerning hydrants amended. Fire flow minimum established. Section VD. - Required Improvements for an Approved Subdivision - Sidewalks Contribution required for waived sidewalks. Section V. - Required Improvements for an Approved Subdivision Board of Health site assignment required for the disposal, of soil/solid fill. Section VI. - Administration Filing requirements added. ""Modification(s) to Approved Plan"" section added. Appendices Appendices A,B,C,L,M,S,T,U,V,W all amended to reflect changes in text of Subdivision Rules and Regulations. 9; January 23, 2003. Section III.C. - Definitive Plan - Reference to Paragraph 3. (Adequacy of Ways Providing Access to Subdivisions) added Section III.C.3 - Adequacy of Ways Providing Access to Subdivisions 10. December 16, 2003 Section II. E_. - Fee Fees updated 11. December 20, 2005 Section II.E. - Fee Language amended. Section III.A.l. - Submission of Plan Language amended regarding filing fee. Se SECTION IX - PERFORMANCE GUARANTEES A. Security The Commission may require the applicant to furnish a performance guarantee in the form of a deposit of money in an amount determined by the Commission to be sufficient to cover the cost of all or any part of the site alterations specified in the Permit and/or shown on the plans approved by the Commission. This security shall be deposited in the name of the City of Beverly. The standard agreement is included on the ""Performance Guarantee Form"" which can be obtained from the Conservation Office. Security amounts will be set so that funds will be adequate to comply with the Order of Conditions, repair damage to wetlands and to permanently stabilize the work site and all soils. Security shall be determined on a site-by-site basis using these general guidelines: Project,Range of Security Single Family Home,""$3,000 to $10,000/dwelling"" Commercial/Industrial Facility,""$10,000 to $15 000/building"" Subdivision Roadway,$10 000 or more Wetland Replacement,$3 / square foot B. Covenant The Commission may require the applicant to secure the performance and observance of conditions imposed on the project, by a conservation restriction, easement or other covenant enforceable in a court of law, executed and duly recorded by the owner of record, running with the land to the benefit of the City whereby the permit conditions shall be performed and observed before any lot may be conveyed other than by mortgage deed. C. Reduction of Security The penal sum of any required performance guarantee, or the amount of any deposit held hereunder may, from time to time, be reduced by the Commission and the obligations of their parties thereto What year was the inclusionary/incentive provision adopted? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] 2007" "[INST] Context: a condition of the grant of any special permit for a Project in the MCROD, a minimum of twenty five percent (25%) of the total number of dwelling units shall be restricted ""in perpetuity"" and shall contain some form of subsidy. Dwelling units meeting these requirements would be eligible for inclusion on the Chapter 40B Subsidized Housing Inventory maintained by the Massachusetts Department of Housing and Community Development (DHCD) and would move the Town closer to attaining its 10% affordable housing goal as outlined in its Affordable Housing Planned Production Plan. The specific requirements of this section are as follows: 1. Twenty-five (25%) percent of the units shall be affordable to persons or families qualifying as low or moderate-income residents, whose income is at or below 80% of the median income, adjusted for size, for the metropolitan area, as determined by the U.S. Department of Housing and Urban Development (HUD). 2. An ""in perpetuity"" affordability restriction shall be established through a regulatory agreement, or Deed Rider, in a form that is acceptable to legal counsel to the Planning Board and DHCD. This regulatory agreement shall be legally enforceable and recorded at the Registry of Deeds. Failure to record the regulatory agreement shall be deemed a violation of the bylaw and subject to enforcement. A right of first refusal upon the transfer of such restricted units shall be granted to the Billerica Housing Authority for a period not less than 120 days after notice thereof. 3. Affordable units shall be integrated into the overall development of the MCROD so as to prevent segregation of such units. 4. The Applicant shall be encouraged to seek designation of the affordable units referenced in paragraph 5.F.7 (13)1 as affordable units, which qualify as part of the aforementioned Chapter 40B Subsidized Housing Inventory maintained by DHCD. The Planning Board shall require that the Applicant affirmatively take steps to utilize a public agency, non-profit agency, limited dividend organization or other appropriate entity to secure public subsidy in order G. PERFORMANCE GUARANTEE Before endorsement of approval the Board will require provision for the completion of construction of ways and the installation of municipal services in accordance with the rules and regulations of the Board. The construction of ways and installation of municipal services within the period required by the Board shall be secured by one, or in part by one and in part by the other, of the methods described in Section G. 1,2,3,4 below. Methods may be varied from time to time by the applicant. 1. By a proper bond, sufficient in the opinion of the Planning Board to secure performance of the construction of ways and the installation of municipal services required for lots in the subdivision shown on the plan, and the Planning Board may require that the applicant specify the time within which such construction shall be completed. 2. By a deposit of money or negotiable securities, sufficient in the opinion of the Planning Board, secure performance of the construction of ways and the installation of municipal services required for lots in the subdivision shown on the plan, and the Planning Board may require that the applicant specify the time within which such construction shall be completed. 3. By a covenant executed and duly recorded by the owner of record, running with the land, whereby such ways and services shall be provided to serve any lot before such lot may be built upon conveyed, other than by mortgage deed; provided, that a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding owner of such premises or part thereof may sell any such lot, subject to that portion of the covenant which provides that no lot shall be built upon until such ways and services have been provided to serve such lot; and, provided, further, that nothing herein shall be deemed to prohibit a conveyance by a single deed, subject to such covenant of either entire parcel of land shown on the subdivision plan or of all lots not previously released by the Planning Board. A deed of any part of the subdivision on violation hereof shall be voidable by the grantee prior to the release of the covenant but n ent and for which the town obtains credit with the Commonwealth as affordable housing as required under M.G.L., ch. 40B, §§ 20-23 inclusive (""The Comprehensive Permit Law""). AFFORDABLE HOUSING UNIT PURCHASER OR TENANT : An individual or family with household incomes that do not exceed 80% of the median income, with adjustments for household size, as reported by the United States Department of Housing and Urban Development (HUD) and consistent with M.G.L., ch. 40B, §§ 20-23 inclusive (""The Comprehensive Permit Law""). ALCOHOL AND DRUG REHABILITATION HOSPITAL : Any free-standing building or structure used to house patients for treatment of alcoholism, drug addiction, or both, that shall be staffed full time by doctor(s), nurse(s), and security personnel. ALTERATION : A change or modification of a building or structure, or the service equipment thereof, that affects safety or health and that is not classified as an ordinary repair under the Building Code. AREA, LOT : Square footage within a lot. ASSISTED LIVING RESIDENCE : A residential development subject to certification by the Executive Office of Elder Affairs under M.G.L., ch. 19D, as amended, and defined as an entity, however organized, whether conducted for profit or not for profit, which meets all of the following criteria: -Provides room and board; -Provides assistance with activities of daily living and personal care services for three or more non-related residents; and - Collects payments or third party reimbursements from or on behalf of residents to pay for the provision of assistance. AUTOMOBILE : A two-axle motor vehicle with a ten thousand pound gross vehicle weight maximum and a maximum one hundred thirty-five inch wheel base. AUTOMOBILE REPAIR : The repair of motor vehicles, including auto body work and paint spraying. AUTOMOBILE SERVICE : The sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances including any sale of motor vehicle accessories, and which may or may not include lubricating, washing, or otherwise servicing motor vehicles, but not including auto body work or paint hority (BHA) or other agency qualified by the Board of Selectmen shall perform the income verification of the qualified affordable housing unit purchaser or tenant. The BHA or other agency qualified by the Board of Selectmen shall be responsible for the long term monitoring of these dwellings. The dwellings built under this provision shall be adequate to accommodate a family of three or more. Interior features of affordable units shall comply in all respects to the minimum design and construction standards set forth in Massachusetts' Local Initiative Guidelines of the Division of Housing and Community Development, July 1996 or as amended. There shall be no further exception to the dimensional relief provided by this by-law. Failure to meet any provision shall result in the outright invalidation of these exceptions. Lots which require variances in addition to the relief outlined here shall not qualify under this provision. The BHA or other agency qualified by the Board of Selectmen shall administer purchaser or tenant selection. The town reserves the right to apply a local preference in the selection process. Unless described herein all other district restrictions shall apply to the applicable lot(s). The SPGA may condition the granting of this special permit to address any potential impacts on the surrounding neighborhood. (b) Assisted living residence Required Findings: The minimum lot size is five acres in the residential districts and three acres in the business and industrial districts The density is 12 units/acre Buildings are set back a minimum of 50 feet from all property lines and no building is closer than 200 feet to an existing residential dwelling The minimum lot frontage is 150 feet The maximum lot coverage is 25% There is one parking space for each employee on the maximum shift and one parking space for every three assisted living units Adequate site circulation is provided to and from the site, taking into consideration the adjacent sidewalks and streets and the accessibility of the site and buildings thereon for emergen ree hundred (300) square feet of floor area Retail store,One (1) space per two hundred fifty (250) square feet of floor area Restaurant,""One (1) space per 2 1/2 seats, including all outdoor sitting areas and deck areas used for seating, plus one (1) space per employee"" Supermarket,""One (1) space per one hundred (100) square feet of floor area for the first five thousand (5,000) square feet, plus one (1) space per two hundred (200) square feet of floor area above five thousand (5,000) square feet of floor area"" EDUCATIONAL College or higher education facility,One (1) space per each one and one-half seats Educational uses not specifically listed,""One (1) space per each four (4) seats in the auditorium or main assembly room or four (4) spaces per each classroom, whichever is greater"" ""Elementary school, middle school, kindergarten, nursery, or day care"",""One (1) space per each four (4) seats in the auditorium or main assembly room or two (2) spaces per each classroom, whichever is greater"" High school,""One (1) space per each four (4) seats in the auditorium or main assembly room or six (6) spaces per each classroom, whichever is greater"" GOVERNMENTAL All governmental uses,""One (1) space per three hundred (300) square feet of floor area, plus one (1) space per each three (3) employees"" INDUSTRIAL All industrial uses,""One (1) space per each two (2) employees of the maximum working shift, plus one (1) space per each six hundred (600) square feet of floor area"" PHILANTHROPIC Philanthropic uses not specifically listed,""Ten (10) spaces, plus one (1) additional space per each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet"" Clubs and lodges,One (1) space per each two hundred (200) square feet of floor area RECREATIONAL Recreational uses not specifically listed,""One (1) space per three (3) patrons, ba What year was the inclusionary/incentive provision adopted? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] I don’t know. " "[INST] Context: 2.5.9 INCLUSIONARY HOUSING 2.5.9.1 Purpose and Intent The purpose of this Bylaw is to outline and implement a coherent set of policies and objectives for the development of affordable housing in compliance with the Bolton Affordable Housing Plan, MGL c. 40B sec. 20-23 and ongoing programs within the Town of Bolton to promote a reasonable percentage of housing that is affordable to moderate income buyers. It is intended that the Affordable Housing Units (AHU) that result from this Bylaw be considered as Local Initiative Program (LIP) dwelling units in compliance with the requirements for the same as specified by the Department of Community Affairs, Division of Housing and Community Development and that said units count toward the Town's requirements under MGL c. 40B, sec. 20-23. 2.5.9.2 Definitions 1. AFFORDABLE HOUSING UNIT (AHU) . A dwelling unit available at a cost of no more than 30% of gross household income of households at or below 80% of The Metropolitan Statistical Area (MAS) which includes the Town of Bolton (the Bolton MSA) median income as reported by the U.S. Department of Housing and Urban Development, including units listed under MGL 40B sections 20-24 and the Commonwealth's Local Initiative Program. 2. QUALIFIED AFFORDABLE HOUSING UNIT PURCHASER . An individual or family with household incomes that do not exceed 80% of the median income, with adjustments for household size, as reported by the most recent information from the United States Department of Housing and Urban Development (HUD) and/or the Massachusetts Department of Housing and Community Development (DHCD). 3. SPECIAL PERMIT GRANTING AUTHORITY (SPGA) . The SPGA shall either be the Planning Board (if the project is a regular Major Residential Subdivision, FOSPRD or regular development on a combination of ANR and/or Backland lots (and the affordable units considered as Local Initiative Program (LIP) dwelling units) or the Zoning Board of Appeals (ZBA) if the project is **Webmasters Note: There is a page missing from t .9.5(2)-(3) on an alternate site in the Town Of Bolton and approved by SPGA. All requirements of this Bylaw that apply to on-site provision of affordable units, shall apply to provision of off-site affordable units. In addition, the location of the off-site units to be provided shall be approved by the SPGA as an integral element of the special permit review and approval process. 2.5.9.10 Maximum Incomes and Selling Prices: Initial Sale To ensure that only eligible households purchase AHU's, the purchaser of an affordable unit shall be required to submit copies of the last three years' federal and state income tax returns and certify, in writing and prior to transfer of title, to the developer of the housing units or his/her agent, and within thirty (30) days following transfer of title, to the Bolton Housing Authority or to another authority as determined by the SPGA, that his/her or their family's annual income level does not exceed the maximum level as established by the Commonwealth's Division of Housing and Community Development, and as may be revised from time to time. The maximum price of the AHU'(s) created under this Bylaw is established by DHCD under the Local Initiative Program (LIP) guidelines in effect at the time the unit(s) is built. 2.5.9.11 Preservation of Affordability; Restrictions on Resale Each affordable unit created in accordance with this Bylaw shall have the following limitations governing its resale. The purpose of these limitations is to preserve the long-term affordability of the unit and to ensure its continued availability for affordable income households. The resale controls shall be established through a deed restriction, acceptable to DHCD, on the property, recorded at the Worcester County Registry of Deeds or the Land Court, and shall be in force for a period of ninety-nine (99) years. 1. AHU'(s) Resale Price: Sales beyond the initial sale to a qualified purchaser shall not exceed the maximum sales price as determined by the DHCD for affordability within the Town of Bolton at the t FORM B APPLICATION FOR APPROVAL OF A PRELIMINARY PLAN ___________________, 19 _____ To The Bolton Planning Board: I The undersigned, being the applicant as defined under Chapter 41, Section 81-L, for approval of a proposed subdivision shown on a plan entitled: _________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ By __________________________________ dated _____________, 19 _______ and described as follows: ___________________________________________ located _____________________________________________________________ lots proposed (#) _______________ total acreage of tract ___________, said applicant hereby submits said plan as a Preliminary subdivision plan in accordance with the Rules and Regulations of the Bolton Planning Board and makes application to the Board, for approval of said plan. The undersigned's title to said land is derived from _________________ ______________________________________________________________________ by deed dated ____________ and recorded in the Worcester County Registry of Deeds Book __________, Page _______, or registered in Land Court as Document No. _________ and noted on Certificate of Title No. ________, registered in Book __________, Page __________. Received by Bolton Town Applicant's Signature ___________________ Clerk: Date _____________________ Applicant's address _____________________ Time _____________________ _________________________________________ Signature ________________ _________________________________________ Applicant's phone # _____________________ Received by Board of Health: Owner's signature and address if not the applicant or applicant's Date _____________________ authorization if not the owner Time _____________________ _________________________________________ Signature ________________ _________________________________________ _________________________________________ CERTIFIED LIST OF ABUTTERS Attach a sketch of land described in this petition and write against boundary lines the names of adjoining owners in their relative positions. Also, indicate the address of each abutter on the sketch or in a separate list. ____________________ 19 _________ Bolton Planning Board P.O. Box 278 BOLTON, Massachusetts Dear Board Members: This is to certify that at the time of the last assessment for taxation made by the Town of BOLTON, the names and addresses of the parties assessed as adjoining owners to the parcel of land shown above were as above written, except as follows: ________________________________________ (Bolton Tax Assessor) nd lots (and the affordable units considered as Local Initiative Program (LIP) dwelling units) or the Zoning Board of Appeals (ZBA) if the project is **Webmasters Note: There is a page missing from the original document and will be inserted upon receipt. affordable units given a particular range of total lots in a subdivision or total units in a multiple unit development. This schedule is given for reference: Affordable Lots / Units Established Total Lots / Units 1 8 to 15 2 16 to 23 3 24 to 31 4 32 to 39 5 40 to 47 6 48 to 55 7 56 to 63 8 64 to 71 and so on... 3. The AHU(s) shall be constructed or rehabilitated on the locus subject to the special permit. 4. The AHU(s) constructed or rehabilitated on a locus different than the one subject to the special permit (see Section 2.5.9.9). 5. an equivalent fees-in-lieu of payment and/or donation of land in fee simple may be made (See Section 2.5.9.12, below). The applicant may offer, and the SPGA may accept, any combination of the Section 2.5.9.5.(3)(5) requirements provided that in no event shall the total number of units or land area provided be less than the equivalent number or value of affordable units required by this Bylaw. 2.5.9.6 Provisions Applicable to AHU's On- and Off-Site 1. Siting of AHU's - All affordable units created under this Bylaw shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units. 2. Minimum design and construction standards for affordable units - AHU's within market rate developments shall be integrated with the rest of the development, shall be externally undistinguishable from the market rate units and compatible construction and quality of materials with other units. 3. Timing of construction or provision of affordable units or lots. The SPGA will impose conditions on the special permit requiring constructi ion 81-W of G.L. Chapter 41 and/or to authorize enforcement of the bond. 4341. By a Proper Bond or By a Deposit of Money or Negotiable Securities, sufficient in the opinion of the Board to secure performance of the construction of ways and the installation of services (including drainage) required for lots in the subdivision shown on the definitive plan. Such bond or security, if filed or deposited, shall be approved as to form and manner of execution by the Town Counsel. (Refer to Appendix for form) As part of the performance bond or security, the owner agrees to: (a) complete all improvements in accordance with the Board's rules and regulations; (b) remove all building materials and rubbish from the subdivision and leave the subdivision free from hazardous and/or unattractive slopes, excavations and piles of material within six months of the date of occupancy of any structure within that area; (c) complete all improvements described above within 12 months of the start of construction. The owner further agrees that no structure will be occupied until at least the base course of bituminous concrete (as specified in these rules and regulations) has been applied to the streets which serve those structures. No of these limitations shall be granted without approval of the Board. (d) prepare estimates of cost of performing the various items of required work and improvements proposed based on the current Mean's Catalog with 15 percent for contingencies and an additional adjustment factor for two years' inflation incorporated in the bond estimate. The applicant shall submit the same to the Board for review, modification, and approval to be used in determining the necessary total sum of the performance bond. 4342. By a Covenant: The owner shall file a covenant acceptable to the Planning Board, executed by the owner of record and duly recorded, running with the land, whereby conditions specified on the Certificate of Approval are met, and whereby such ways and services (including drainage) shall be provided to serve any lot before such lot may be built upon or conveyed other than by mortgage deed; provided that a mortgagee who acquires title to the mortgaged premises by What year was the inclusionary/incentive provision adopted? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] I don’t know. " "[INST] Context: h and range of available housing choice. (e) Visual environment. Visibility of buildings and parking and visual consistency with existing development in the area. Section 195-62. Review procedure. The applicant shall transmit one copy of the materials required herein to each of the following for their review and recommendation, to be made not later than the public hearing: the Conservation Commission, Board of Selectmen and Fire Department. A special permit shall be approved by the Planning Board only after consideration of the criteria set forth in Section 195-103 and the following additional factors: A. Departure from the scale of single-family development is minimized through including not more than 24 dwelling units in a single structure, serving not more than six dwelling units from a single entrance, limiting building length to not more than 200 feet, having unbroken roof area of not more than 3,000 square feet and having parking areas individually contain not more than 36 parking spaces and be separated from all other parking areas by at least 50 feet. B. Visual separation from nearby premises is assured through providing yards of at least 1.5 times building height measured from each lot line, which shall contain no parking areas, and through use of outdoor lighting fixtures not higher than 15 feet. Section 195-63. Density bonus. For every one unit in 10 set aside for low and moderate-income persons and families in a multifamily housing project, the applicant may apply and the Planning Board may grant a bonus of one additional unit. To apply the applicant shall demonstrate to the Planning Board that: A. The rent required for the unit set aside shall meet the affordable rents established by the Department of Housing and Urban Development for by the owner of the land containing more than five acres in area on which the facility if located"",Y,Y,Y,Y,Y,Y,Y,Y,Y,Y,Y,Y,Y,Y,Y **Webmasters Note: The previous chart has been amended as per an amendment approved at a town meeting held on 10/21/02. B. Exempt and Institutional (cont'd) ,,,,,,,,District,,,,,,, Principal Use,RA,RB,RC,RM,CA,CB,CC,CD,CV,IA,IS,RMH,CX,P,os 8. Cemetery,Y,Y,N,N,N,N,N,N,N,Y,N,N,N,Y,N ""9. Municipal facilities, except garages, storage or repair shops"",Y,Y,Y,Y,Y,Y,Y,Y,Y,Y,Y,Y,Y,Y,Y ""10. Municipal garages, storage or repair shops"",N,N,N,N,N,BA,N,N,N,BA,N,N,N,Y,N 11. Essential services,BA,BA,BA,BA,BA,BA,BA,BA,BA,BA,BA,BA,BA,BA,BA 12. Hospital,N,BA,BA,BA,N,Y,N,N,N,N,N,N,N,N,N 13. Airport,N,N,N,N,N,N,N,N,N,N,N,N,N,N,N C. Commercial ,,,,,,,,District,,,,,,, Principal Use,RA,RB,RC,RM,CA,CB,CC,CD,CV,IA,IS,RMH,CX,P,os 1. Nonexempt agricultural use2,Y,Y,Y,Y,N,N,N,N,N,Y,N,N,N,N,N 2. Nonexempt farm stand for wholesale or retail sale of products3,N,Y,Y,Y,Y,Y,Y,Y,N,Y,Y,Y,N,N,N 3. Nonexempt educational use,N,N,N,N,Y,Y,Y,Y,N,Y,Y,N,N,N,N 4. Animal clinic or hospital,N,N,N,N,N,Y,Y,Y,N,Y,N,N,N,N,N 6. Kennel,N,N,N,N,N,N,N,N,N,BA,N,N,N,N,N 6. Nursing or convalescent home,N,N,N,BA,N,BA,N,N,N,N,N,N,N,N,N 7. Funeral home,N,N,N,N,N,Y,N,Y,N,N,N,N,N,N,N 8. Motel or hotel,N,N,N,N,N,Y,PB,PB,PB,PB,N,N,N,N,N 9. Retail stores and services not elsewhere set forth,N,N,N,N,Y,Y6,Y6,Y,Y10,N,N,N,N,N,N 10. Motor vehicle sales and rental6,N,N,N,N,N,Y,N,N,N,N,N,N,N,N,N 11. Motor vehicle general and body repair,N,N,N,N,N,Y6,N,N,N,N,N,N,N,N,N 12. Motor vehicle light service,N,N,N,N,N,Y6,BA,BA,N,N,N,N,N,N,N 13. Parking garage,N,N,N,N,N,BA,BA,BA,BA,BA,BA,N,N,N,N 14. Restaurant,N,N,N,N,N,Y6,Y,Y,Y6,N,N,N,N,N,N ""15. Restaurant, fast-food"",N,N,N,N,N,BA,BA,N,""BA"""""",N,N,N,N,N,N 16. Business or professional office,N,N,N,N,Y,Y,Y,Y,Y,Y,N,N,Y,N,N 17. Medical center or clinic,N,N,N,N,N,Y,Y,Y,Y,Y,N,N,N,N,N 18. Bank or financial agency,N,N,N,N,N,Y 6,Y Superscript(5),Y superscript(5),Y,N,N,N,Y,N,N 19. Indoor commercial recreation,N,N,N,N,N,Y6,Y5,BA,N,N,N,N,N,BA,Y 20. Outdoor commercial open space and facilities, if the trust or corporation fails to provide adequate maintenance, and shall grant the town an easement for this purpose. In such event, the town shall first provide 14 days' written notice to the trust or corporation as to the inadequate maintenance, and, if the trust or corporation fails to complete such maintenance, the town may perform it. The owner of each lot shall be deemed to have assented to the town filing a lien against each lot in the development for the full cost of such maintenance, which liens shall be released upon payment to the town of same. (b) Each individual deed, and the deed or trust or articles of incorporation, shall include provisions designed to effect these provisions. Documents creating such trust or corporation shall be submitted to the Planning Board for approval and shall thereafter be recorded in the Registry of Deeds. E. Any proposed open space, unless conveyed to the Town or its Conservation Commission, shall be subject to a recorded restriction enforceable by the Town, provided that such land shall be perpetually kept in an open state, that it shall be preserved for exclusively agricultural, horticultural, educational or recreational purposes and that it shall be maintained in a manner which will ensure its suitability for its intended purposes. Section 195-91. Independent living standards. A. All dwelling units and common areas shall be constructed to be handicap adaptable in accordance with Section 504 of the Americans with Disabilities Act of 1990, 42 U.S.C. Section 12204, ANSI A117.1 and the requirements of the Massachusetts Architectural Barriers Board. B. Units shall contain no more than two bedrooms. C. Units shall have a maximum habitable living area of 1,600 square feet. Section 195-91.1. Affordability standards for facilitated and independent senior living projects The Planning Board shall only grant a density bonus for a project that provides rental units. The Planning Board may grant a density bonus upon a finding that such increase is determined to promote the objectives of ARTICLE XX Terminology Section 195-108. Word usage and definitions. In this chapter, the following terms and constructions shall apply unless a contrary meaning is required by the context or is specifically prescribed in the text of the chapter. A. Words used in the present tense include the future. The singular includes the plural, and the plural includes the singular. The word ""shall"" is mandatory, and ""may"" is permissive or discretionary. The word ""and"" includes ""or"" unless the contrary is evident from the text. The word ""includes"" or ""including"" shall not limit a term to specified examples but is intended to extend its meaning to all other instances, circumstances or items of like character or kind. The word ""lot"" includes ""plot."" The word ""used"" or ""occupied"" shall be considered as though followed by the words ""or intended, arranged or designed to be used or occupied."" The word ""building,"" ""structure,"" ""lot"" or ""parcel"" shall be construed as being followed by the words ""or any portion thereof."" The word ""person"" includes a firm, association, organization, partnership, company or corporation as well as an individual. B. Terms and words not defined herein but defined in the Commonwealth of Massachusetts State Building Code shall have the meaning given therein unless a contrary intention is clearly evident in this chapter. ACCESSORY BUILDING - A subordinate building located on the same lot as the main or principal building or principal use, the use of which is customarily incidental to that of the principal building or use of the land. ACCESSORY USE - A use customarily incidental to that of the main or principal building or use of the land. ADULT DAY-CARE FACILITY - A building or structure where care, protection and supervision are provided, on a regular schedule, to adults over the age of 18 ADULT ENTERTAINMENT ESTABLISHMENT : (1) ADULT BOOKSTORE - An establishment having as a substantial or significant portion of its stock-in-trade printed matter, books, magazines, picture periodicals, motion picture films, video cassettes, computer compact disks, computer disks or diskettes or coin ARTICLE XVIII Planned Open Space Development Section 195-92. Purpose. Planned open space developments, hereinafter known as ""POS,"" may be allowed by special permit by the Planning Board for the purpose of providing attractive, convenient, efficient neighborhoods and to promote the conservation of open space and the efficient use of land in harmony with its natural features. Section 195-93. General standards. A. The tract of land proposed for a POS shall contain a minimum of 10 acres. These proposals shall be permitted only within a subdivision as defined in MGL c. 41, Section 81L. B. Number of dwelling units. The maximum number of dwelling units allowed shall be equal to the number of lots which could reasonably be expected to be developed upon that parcel under a conventional plan in full conformance with all zoning, subdivision regulations, health regulations, wetlands regulations and other applicable requirements. The proponent shall have the burden of proof with regard to the design and engineering specifications for such conventional plan. C. If any part of a dwelling or accessory building in a POS is proposed to be located within 100 feet of the perimeter of such development, such building(s) shall be located so as to comply with the minimum yard dimensions for principal and accessory buildings for the applicable zoning district. D. Minimum lot area shall be 12,000 square feet. Minimum frontage shall be 50 feet. Minimum side yards shall be 12 feet. Minimum front and rear yards shall be 20 feet. Lots having reduced area or frontage shall not have frontage on a street other than a street created by a subdivision involved. E. All streets in a POS shall be improved in accordance with the requirements and specifications of the subdivision regulations. Driveways and other paved areas intended to remain in private ownership shall be approved as to design and construction standards by the Planning Board. F. A written agreement or co What year was the inclusionary/incentive provision adopted? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] I don’t know. " "[INST] Context: uirements (3)...Amended 5/13/85 Section 6.8 Dimensional Requirements (6)...Amended 5/13/85 Section 6.8 Open Space Area (1)............Amended 5/19/86 Section 6.9................................Added 12/5/83 Section 6.10...............................Amended 5/8/00 Section 6.10.5.............................Deleted 6/10/98 G. ARTICLE VII - OFF STREET PARKING AND LOADING Section 7.4(c).............................Amended 12/5/83, 6/7/99, Amended 5/8/00 Section 7.5(a).............................Amended 5/2/88 Section 7.6 Special Uses...................Amended 5/7/803 Section 7.7................................Amended 10/3/90 Section 7.8................................Amended 8/6/79, 11/26/84 Section 7.10(a)............................Added 8/6/79 Section 7.10(c)............................Amended 5/2/88 Section 7.11...............................Added 8/6/79 H. ARTICLE VIII - SIGNS (This article deleted and replaced in its entirety 5/20/91) I. ARTICLE IX - MOVEMENT OF EARTH MATERIALS Section 9.2(a).............................Amended 5/19/86 Section 9.3(b).............................Amended 5/19/86 Section 9.3(b)s.(1)........................Amended 5/19/86 Section 9.3(b)s.(8)........................Amended 5/19/86 Section 9.3(d)s.(14).......................Amended 5/19/86 Section 9.3(f)s.(1e).......................Amended 5/19/86 Section 9.3(g)s.(2a).......................Amended 5/19/86 Section 9.3(g)s.(2b).......................Amended 5/19/86 Section 9.4(b).............................Added 5/19/86 Section 9.5(d).............................Amended 5/19/86 J. ARTICLE X - BOARD OF APPEALS, PERMIT GRANTING AUTHORITY (This article deleted and replaced in its entirety 10/3/90) Section 10.3...............................Amended 5/9/94 K. ARTICLE XI - ADMINISTRATION AND ENFORCEMENT Section 11.3(c)............................Amended 5/19/86) Section 11.3(e)............................Amended 5/7/80 Section 11.3(f)............................Amended 6/6/81 Section 11.4. ance Guarantee ________________________ Date Record Plans Endorsed ________________________ Date Plans and Performance Guarantee Recorded ________________________ Book No. _____ Page No. ______ ________________________ Date of Amendments or Extensions to Performance Guarantee ________________________ Date of Modification, Amendment or Rescission _________________________ Other _____________________ ________________________ Releases Lot Numbers Date of Lot Releases Description of Performance Guarantee _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ Description of Surety Release Surety Release Date _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ Date of Final Release _________________________ Date of Certificate of Completion _________________________ Inspection Log Item Authorization Date Signature Inspector 1. Grubbing _____ _____ _____________ Highway Superintendent 2. Drainage System _____ _____ _____________ Highway Superintendent 3. Water Piping _____ _____ _____________ Water Superintendent 4. Sewer Piping _____ _____ _____________ Water Superintendent 5. Utilities _____ _____ _____________ Highway Superintendentt 6. Subgrade _____ _____ _____________ Highway Superintendent 7. Gravel Base _____ _____ _____________ Highway Superintendent 8. Processed Base _____ _____ _____________ Highway Superintendent 9. Binder Course _____ _____ _____________ Highway Superintendent 10. Curbing Highway _____ _____ _____________ Superintendent 11. Surface Course _____ _____ _____________ Highway Superintendent 12. Sidewalks _____ _____ _____________ Highway Superintendent 13. Grass Plots _____ _____ _____________ Planning Board 14. Shade Trees _____ _____ _____________ Planning Board is. Road Signs _____ _____ _____________ Highway Superintendent 16. Fire Hydrants _____ _____ _____________ Water Superintendent 17. Fire Alarm _____ _____ _____________ Fire Chief 18. Bounds _____ _____ _____________ Town Engi ll be provided coincident to the development of market-rate units, but in no event shall the development of affordable units be delayed beyond the schedule noted below: Market-rate Units % Affordable Housing Units % None required up to 30% at least 10% 30% plus 1 unit at least 30% up to 50% at least 50% up to 75% at least 70% 75% plus 1 unit 100% up to 90% Fraction of units shall not be counted. 19.7 LOCAL PREFERENCE The SPGA shall require the applicant to comply with local preference requirements, if any, as established by the Board of Selectmen. 19.8 MARKETING PLAN FOR AFFORDABLE HOUSING UNITS Applicants under this bylaw shall submit a marketing plan or other method approved by the SPGA which describes how the units will be marketed to potential home buyers or tenants. This plan shall include a description of the lottery or other process to be used for selecting buyers or tenants. The plan shall be in conformance with DHCD rules and regulations. f 19.9 PROVISION OF AFFORDABLE HOUSING UNITS OFF-SITE Subject to the approval of the SPGA, an applicant subject to this by-law may develop, construct or otherwise provide affordable housing units equivalent to those required by Section 19.5 off-site. All requirements of this bylaw that apply to on-site provision of affordable units, shall apply to provision of off-site affordable units. In addition, the location of the off-site units to be provided shall be approved by the SPGA as an integral element of the Special Permit review and approval process. 19.10 PROVISION OF FEES-IN-LIEU OF AFFORDABLE HOUSING UNITS As an alternative to the requirements of Section 19.5, and as allowed by law, an applicant may contribute a fee or land to a Norton Housing Trust Fund, established for the purpose of this by-law, to be used for the development of affordable housing in lieu of constructing affordable housing on-site or providing affordable units off-site. 19.10.1 Calculations of fees-in-lieu of units. The applicant for development subject to this by-law may pay fees in lieu of the construction or provision of affordable units. For the purpose of this by-law, the fee in lieu of the copy of any covenant, security agreement, or conditions of approval pertaining to such plan. After the plans are endorsed, no changes to the original signed copies are to be made by the applicant or any person acting in their behalf Plans not recorded within six months of endorsement are deemed ""expired"" and require new application (Ch. 81 section 41T) or modification (Ch. 41 section 81 W) and new fees. d. Release of covenant and lots Upon the completion of the street(s) and installation of municipal services as specified in b. above, the Applicant may furnish other surety and request that lots are released from the covenant for the purposes of construction. The Applicant may select, and change, the method of providing the performance guarantee from time to time, subject to the approval of the Board and Town Treasurer. The Applicant may furnish a performance guarantee by surety in an amount that the Planning Board determines is sufficient to secure the construction of a street and the installation of municipal services for lots in the subdivision in accordance with the approved definitive plan and these Regulations. The surety provided as a performance guarantee may be any of the allowed types in accordance with the provisions of Ch. 41 section 81U: a. by a deposit of money or negotiable securities, or by a bond; the Applicant shall specify the time within which the construction shall be completed provided that period does not exceed the two year period from the date of recording of the definitive plan. If in the form of a ""Bank Passbook"", each such instrument shall be limited to $100,000 per financial institution;w b. by an agreement with a financial institution executed after the recording of a first mortgage covering the premises shown on the plan, or a portion thereof, given as security for advances to be made to the Applicant by the financial institution, which agreement shall be executed by the Applicant and the financial institution. The agreement shall provide for the retention by the financial institution of funds otherwise due the Applicant, of fees-in-lieu of units. The applicant for development subject to this by-law may pay fees in lieu of the construction or provision of affordable units. For the purpose of this by-law, the fee in lieu of the construction or provision of affordable units is determined to be $200,000 per unit. For example, if the applicant is required to construct two affordable income units, they may at their option, pay $400,000 in lieu of construction or provision of such units. 19.10.2 Schedule of fees m lieu of payments. Fee in lieu of payments shall be made according to the schedule set forth in Section 19.6.3, above. 19.11 MAXIMUM INCOME AND SELLING PRICE: INITIAL SALE 19.11.1 To ensure that only eligible households purchase affordable housing units, the purchaser of a affordable unit shall be required to submit copies of the last three years federal and state tax returns for the household and certify, in writing and prior to transfer of title, to the developer of the housing units or his/her agent, and within thirty (30) days following transfer of title, to the Norton Local Housing Partnership, that his/her annual household income level does not exceed the maximum level as established by the Commonwealth's Division of Housing and Community Development, and as may be revised from time to time. 19.11.2 The maximum price or rent of the affordable units created under this bylaw is established by the Commonwealth's Division of Housing and Community Development and as may be revised from time to time. 19.12 PRESERVATION OF AFFORDABLITY; RESTRICTIONS ON RESALE Each affordable unit created in accordance with this by-law shall have limitations governing its resale. The purpose of these limitations is to preserve the long-term affordability of the unit and to ensure its continued availability for affordable income households. The resale controls shall be established through a deed restriction on the property acceptable to DHCD, recorded in the Bristol County Northern Registry of Deeds and shall be in force for a period of ninety-nine (99) years or as long a period as is lawful, whichever is greater. 19.12.1 Resale Price - Sales beyond the initial What year was the inclusionary/incentive provision adopted? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] I don’t know. " "[INST] Context: ARTICLE 13: INCLUSIONARY HOUSING Section 13.1. Purpose. The purpose of this Article is to promote the public welfare by: a) encouraging housing opportunities for people of mixed income levels; b) increasing the supply of housing that is available and affordable to low- and moderate-income people, with an emphasis on the type of housing currently most needed in the City -- housing for families with children and for low-income households; c) ensuring that such housing is affordable over the long term; and d) preventing the displacement of low-to-moderate income Somerville residents; and e) maintaining an economically integrated community; and f) mitigating the impacts of market-rate housing on the supply and cost of low- and moderate-income housing in that the creation of new market-rate housing: 1. decreases the available supply of future developable land in the City of Somerville; 2. creates upward pressure on the pricing of all housing in the City of Somerville; 3. exclusive of the creation of low- and moderate-income housing, impedes the goal of maintaining an economically integrated community."" This Article provides incentive for the voluntary development of housing affordable to low-and moderate-income households Within applicable residential projects that are larger in terms of total number of dwelling units and/or density than that normally permissible by right. Developers may request approval of such development through the special permit with site plan review process set forth in Article 5 and in accordance with the provisions of this Article 13. The Special Permit Granting Authority (SPGA) shall have sole authority to review and approve such requests under the provisions of Articles 5 and 13 herein. It is intended that affordable housing units provided under the terms herein be located on-site within the proposed housing development. Off-site location or other in-lieu means of compliance with this Article may be approved by the SPGA only in strict accordance with the provisions of this Article authorizing such alternative means. Section 13.2. Applicabil enior Program Manager for Parks. The SPGA or its designee shall aid the applicant in obtaining such comments, particularly in the case where public dedication of usable open space is proposed (see Section 17.5 below). Section 17.4. Incentives to Provide Usable Open Space. 17.4.1. Bonus Floor Area. As an incentive for the voluntary provision of usable open space additional to that which may be required elsewhere in this Ordinance, the SPGA may grant floor area bonuses to developments providing such additional usable open space in those districts or areas specifically referred to elsewhere in this Ordinance as eligible for such bonuses. Award of any bonus shall be at the sole discretion of the SPGA, in accordance with the guidelines herein, and shall be made through the special permit, special permit with site plan review, or planned unit development application process. The SPGA may grant a floor area bonus up to, but not exceeding, ten (10) square feet of net floor area for every one (1) square foot of additional usable open space. 17.4.2. Guidelines. In its determination, the SPGA shall consider those guidelines below, and shall make determinations and findings that the request for bonus floor area and provision of the additional usable open space--including provisions for its preservation and maintenance--are in substantial compliance with these guidelines: a) The additional usable open space and bonus floor area shall be located in a district, area m project type specified as eligible in this Ordinance, and shall comply with any standards set forth elsewhere in this Ordinance for usable open space and award of bonus floor area in that specific district, area or project type within which the development falls; b) There shall be a well-documented plan a; to the condition of the open space and what improvements, if any, are proposed by the developer and the schedule or time frame for installation of said improvements. The SPGA may require reasonable improvements to h open space, to the extent such improvements will make it m U.S. Department of Housing and Urban Development adjusted to applicable household size, but only after consideration of any comments offered by the Planning Board, Planning Office, and the Office of Housing and Community Development on the appropriateness of any such alternative method. The SPGA shall conduct a public hearing in accordance with its Rules and Regulations to receive comment prior to adopting another standard. In adopting any such separate standard(s), the SPGA shall cause such standard(s) to be published in a format available to the public, and shall utilize such standard consistently among all similar projects it reviews. 13.3.3. Affordability. Housing affordability under this Article means: I. Rental Payment of housing and related costs for rental units shall be set at the following levels: a) in the case of low-income households, rental costs (including utility costs for heat, electricity, and hot-water) shall be set at a level not to exceed the then current ""LOW HOME"" RENTS published by HUD for its Home Investment Partnership Program at 24 CFR 92 as they may be amended from time to time. These rents are set by HUD to be affordable to families with incomes up to 50% of area median income. b) in the case of low moderate-income households, rental costs (including utility costs for heat, electricity, and hot water) shall be set at a level not to exceed the then current ""HIGH HOME"" RENTS published by HUD for its Home Investment Partnership Program at 24 CFR 92 as they may be amended from time to time. These rents are set by HUD to be affordable to families with up to 80% of area median income. II. Homeownership: Sale prices for inclusionary units must be set at a level which allows a family at 80% or 110% of area median income (as published by HUD and amended from time to time) to pay no more than 35% of total family income for housing costs, including mortgage principal and interest, private mortgage insurance, homeowner's insurance and real estate taxes. (PITI) It is understood that these guidelines are to supersede those calculations currently set-forth in §13.3.3 un for Provision of Additional Affordable Housing Units. Developers providing more than twelve and a half percent (12.5%) of the total units in the development as affordable units may apply for an additional density bonus under the terms of this Article, and in accordance with the special permit with site plan review provisions of Article 5. Bonuses may be awarded on the basis of a two-to-one ratio of market rate units to affordable housing units. For every additional affordable unit provided beyond the twelve and a half percent (12.5%) required, two (2) additional market rate units may be authorized. The additional affordable units provided shall continue to be offered at the rate of not less than 50% affordable to lower income range households and the remainder affordable to moderate income range households, as stipulated in Section 13.3.4. Any bonus may be awarded only by the SPGA, and shall not exceed twenty percent (20%) of the number of units normally permissible under the lot area per dwelling unit requirements of Article 8 and Article 16 of this Ordinance. In determining any density bonus, the SPGA shall consider relevant facts and make findings as to the following: a) that the affordable units provide housing to families with children; b) that the affordable units provide rental units; c) that analysis of the financial feasibility of the project demonstrates that award of bonus market-rate unit(s) will in part finance the affordable unit(s) such that there need not be full reliance on public subsidies to support rent payments for the affordable unit(s), regardless of whether such subsidies are available; d) that the proposed development site plan is designed in its site location, proportions, orison, materials, landscaping and other features as to provide a stable and desirable character, complimentary and integral with the site's natural features and neighborhood context; e) that such development is generally consistent with the purposes of the Somerville Zoning Ordinance, and the density increase or relaxation of zoning standards has no material detrimental effect on the char buyers or tenants of the affordable units, c) plans for income verification of tenants and/or buyers, d) plans for management of units, particularly with respect to maintenance and ensurance of long-term affordability, e) financial information or analysis necessary to satisfy the provisions of this Article, particularly Sections 13.3.3, 13.3.5 and 13.4.2, f) a relocation plan for tenants affected by substantial rehabilitation projects, g) and any additional information the Applicant desires to present that demonstrates compliance with other provisions of this Article. The SPGA may request additional information as an aid in its review, aid may reject any application not providing the minimum implementation plan elements noted above. 13.3.2. Household Income. Inclusionary dwelling units which will be available for rental shall be affordable to low- and moderate-income households as defined below, adjusted to applicable household size: a) Low-income households, defined herein as earning income up to fifty percent (50%)of the Boston Standard Metropolitan Statistical Area (SMSA) median household income; and b) Low moderate-income households, defined herein as earning income of fifty-one percent (51 %) to eighty percent (80%) of the Boston SMSA median household income. Inclusionary dwelling units which will be available for purchase shall be affordable to low-moderate and moderate- income households as defined below, adjusted to applicable household size: a) Low moderate-income households, defined herein as earning up to eighty percent (80%)of the Boston Standard Metropolitan Statistical Area (SMSA) median household income; and b) Moderate income households, defined herein as earning income of eighty one (81 %)to one hundred and ten percent (110%) of the Boston SMSA median household income. The SPGA may adopt other Federal or State income guidelines, such as those of the U.S. Department of Housing and Urban Development adjusted to applicable household size, but only after consideration of any comments offered by the Planning Board, Planning Office, and the Office of Housing an What year was the inclusionary/incentive provision adopted? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] I don’t know. " "[INST] Context: cability. The Planning Board, acting as Special Permit Granting Authority, may grant a Special Permit for construction of an Incentive Senior Development and accessory structures, in the following zoning districts: Single Residence ""A"", Single Residence ""C"", Limited Business, Village Business and Research District. 5430. Standards. The following standards shall apply to all Incentive Senior Developments: 5431. Tract Qualification. At the time of granting a special permit by the Planning Board, the property under consideration for an Incentive Senior Development shall be located on a contiguous parcel, not separated by a public or private way, with definite boundaries ascertainable from a recorded deed or recorded plan, having an area of at least 10 acres. For parcels greater than 20 acres, parcels may be separated by a private or public way. 5432. Age Qualification. An Incentive Senior Development shall constitute housing intended for persons of age fifty-five (55) or over within the meaning of M.G.L. c151B, §4, §6 and 42 USC §3607(b)(2)(c), and in accordance with the same, one hundred percent (100%) of the dwelling units in an Incentive Senior Development shall each be owned and occupied by at least one person fifty-five (55) years of age or older per dwelling unit, and such development shall be operated and maintained in all other respects in compliance with the requirements of said statutes and regulations promulgated pursuant thereto. In the event of the death of the qualifying owner/ occupant(s) of a unit, or foreclosure or other involuntary transfer of a unit in such a development, a two-year exemption shall be allowed for the transfer of the unit to another eligible household. 5433. Applicant Qualifications. The applicant for a Special Permit under the provisions of this section shall be the owner of the tract proposed for such Development or be authorized in writing by the owner to apply for and be issued such Special Permit, and shall establish to the satisfaction of the Planning Board that the applicant has knowledge, experience and financial resources su 9. Performance Guarantee: Before approval of a Definitive Plan of a subdivision, the applicant shall enter into a written agreement and guarantee to complete the required improvements specified in Section VI below, adhering to the Design Standards specified in Section V below, for all lots in the subdivision, such construction and installation to be additionally secured by one, or in part by one and in part by the other, of the following methods which may from time to time be varied by the applicant: a. Final Approval with Bonds or Surety: The Subdivider shall either file a certified check payable to the ""Town of Sudbury"" or a performance bond or negotiable securities, or assignment as provided by statute and acceptable to the Board, or by other suitable means, in an amount determined, in the manner described below, by the Board to be sufficient to cover the cost of all or any part of the specified improvements not covered by a covenant under IV,C,9,b below. Such bond or security, if filed or deposited, shall be approved as to form and manner of execution by the Town Counsel, and shall be contingent on the completion of such improvements within a period of two (2) years. Bond premium is to be prepaid in full for the period agreed, with evidence of payment submitted to the Board. If a period of time longer than two (2) years is requested by the subdivider and agreed upon by the Board, prior to the expiration of the initial bond, a new bond or surety sufficient to cover all remaining improvements shall be filed or deposited by the subdivider. At the time the said bonding or surety is accepted, the then current Rules and Regulations shall apply. In order to establish the amount or principal sum of each bond or certified check, the subdivider shall contact the Secretary of the Board and furnish him or her with the following: (1) Name of the Subdivision (2) Name of streets or ways to be covered (3) Lengths of streets in feet (4) Bounds of streets or portions thereof to be covered, sufficient for identification (5) Any peculiar circumstance ized in writing by the owner to apply for and be issued such Special Permit, and shall establish to the satisfaction of the Planning Board that the applicant has knowledge, experience and financial resources sufficient to construct and complete the Development. 5434. Number of Dwelling Units Permitted. The maximum number of dwelling units shall be computed based on the number of buildable lots permitted under a conventional subdivision, with each lot satisfying minimum lot area, frontage and all other applicable zoning regulations, possessing suitable soils as determined by the Board of Health, and sufficient upland, buildable area to sustain a single family home. In Village Business Districts, Limited Business Districts and Research Districts, a minimum lot area of 40,000 sq. ft. and minimum frontage requirement of 180 feet shall be used to calculate each buildable lot. For the purposes of this section, minimum lot area in every district shall contain no more than 25% of land which is underwater land or wetland resource as defined in G.L. c. 131, s. 40 or in the Sudbury Wetlands Administration Bylaw. For each buildable lot calculated, a maximum of 4 units shall be permitted to be constructed. 5435. Building and Dwelling Unit Requirements. The following requirements shall apply to all buildings and dwelling units in an Incentive Senior Development: a. Dwelling units can be attached or detached, or a combination of these types. b. No building shall contain more than four dwelling units. c. No dwelling unit constructed in an Incentive Senior Development shall contain more than two (2) bedrooms. No more than ten percent (10%) of the total units in an Incentive Senior Development shall have fewer than two bedrooms. d. Accessory Buildings and Structures. Accessory buildings and structures may be permitted, including clubhouse, swimming pool, tennis courts, cabanas, storage and maintenance structures, garages, and other customary accessory structures, however, any common facilities or structures must be constructed on land owned in common by the owners of SECTION 9 EXTENSION OF TIME LIMITATION FOR IMPLEMENTATION 9.1 Request to BOARD An APPLICANT who has not implemented an approved SITE PLAN within the time limitation set forth in the BOARD's Decision shall file with the BOARD a request form extension of the SITE PLAN approval before the time period elapses. Such request shall be made on Form SP-5 entitled, ""Request for Extension"". 9.2 Extension Involving Modifications If any changes to the SITE PLAN are also being requested, procedures under Section 8, ""Modifications (Changes after Approval),"" must be followed. The fee, in this instance, shall be a total of $250 only (no additional fee for the extension request). 9.3 If the extension of time limitation is approved, the Decision of the 5530. Special Provisions for Low or Moderate Income Units. In order to facilitate the creation of affordable housing units in Sudbury which will count toward the ten percent statutory goal (G.L. c. 40B, s. 20), all applicants for a special permit for a unit to be occupied by a low or moderate income family shall be furnished with copies of the regulations and guidelines of the Massachusetts Executive Office of Communities and Development for approval of such unit as an affordable housing unit for purposes of the statutory goal. Such regulations and guidelines shall include those of the Local Initiative Program and any other program designed to promote the creation of certifiable affordable housing units. After issuance of a Special Permit for a low or moderate income unit which is to be occupied and operated in accordance with any of such programs, the Board of Selectmen shall make application to the Department of Housing and Community Development for certification of the unit as an affordable housing unit includable in the Town's inventory of low and moderate income housing for the purposes of G.L. c. 40B. Such application may, at the discretion of the Board of Selectmen, be made prior to actual issuance of the Special Permit. 5540. Reports. 5541. In order to ensure compliance, the applicant shall obtain and submit to the Board of Appeals prior to the hearing, a written report of the Board of Health certifying that the conditions of this subsection have been met. 5542. Planning Board Report. In connection with an application for a Special Permit under this section, the applicant may consult with the Planning Board prior to the hearing and the Planning Board may submit in writing, prior to the hearing, its recommendations What year was the inclusionary/incentive provision adopted? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] I don’t know. " "[INST] Context: ARTICLE V PERFORMANCE GUARANTEES 500 GUARANTEE REQUIRED Before endorsement of its Approval of a Plan, the Board shall required, in accordance with Section 81-LL of the Subdivision control law, that the construction of ways and the installation of Municipal Services be secured by one, or in part by the other, of the methods described in Sections 501 or 502 below, which method may be varied by the applicant. 501 FINAL APPROVAL WITH BOND OR SURETY The applicant shall file with the city a surety bond in a Form satisfactory to the Board, or deposit negotiable securities of a kind acceptable to the Board, in a renal sum or amount sufficient, in the opinion of the Board, to secure the performance of the construction of ways and installation of utilities for all lots not covered by a covenant, as described in Section 502 below. The Board shall request an estimate of work to be completed from the applicant, and shall have this estimate reviewed and approved by the City Engineer. Any bond, surety agreement, or securities filed or deposited in accordance herewith shall be executed so as to secure the completion of all required work within two years of such filing of deposit, or within such other time as the Board may specify. Upon failure of the developer to complete such work to the satisfaction of the Board, and in accordance with all applicable plans, regulations and specifications, the City shall be entitled to enforce such bond or to realize upon such securities to the extend necessary to complete all such work without delay. Planning Board shall be notified of any change in ownership or change in party responsible for completion of subdivision before any subsequent Planning Board action is requested. 502 FINAL APPROVAL WITH COVENANT The applicant shall execute a covenant (See Appendix B, Form ""E""), which shall be approved by the Board as to contents and recorded with the approved Definitive Plan at the expense of the applicant. The applicant shall covenant and agree therein that no lot within the subdivision or the portion thereof described in the covenant shall be built upon or conveyed, except by mortgage deed, until such lot or lots shall be released from the he plat of Subdivision above referred to. ______________________________ ______________________________ COMMONWEALTH OF MASSACHUSETTS ___________________SS _________________, 19____ Then personally appeared ________________________ and acknowledged the foregoing instrument to be his free act and deed before me. (To be used for Individual Owners) _________________________ Notary Public My Commission Expires: _________________________ COMMONWEALTH OF MASSACHUSETTS _________________SS ______________, 19___ Then personally appeared the above named ___________________ and acknowledged the forgoing instrument to be the free act and deed of ___________________ before me. _________________________ Notary Public My Commission Expires: _________________________ (To Be Used For Corporate Owner) TAUNTON PLANNING BOARD City Hall 15 Summer Street Taunton, Massachusetts 02780 Waiver for Substandard Lots Submitted on ___________________________ To the City of Taunton, Massachusetts Planning Board: The undersigned requests a waiver(s) from the following sections of the Planning Board's Rules and Regulations: ________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ Name of Applicant:________________________ Phone:_________________ Address:____________________________________________________________ Name of Engineer or Surveyor:_______________ Phone:_________________ Address:____________________________________________________________ Location and description of property:_______________________________ ____________________________________________________________________ Deed of property recorded in _______________ Registry, Book ______, Page _______ I hereby certify that the above information is true and correct. Signature of Applicant ________________________ ignificant decrease in surface or groundwater quality, or environmental degradation. If the Special Permit is granted, there shall be no amendments, changes or transfer or ownership without Planning Board review and approval. In accordance with Section 9 of General Laws Chapter 40A, all granted permits necessary for the prosecution of the work shall be obtained and construction shall be commenced within two years from the date of filing of the Board's decision in the office of the City Clerk. 14.2 INCLUSIONARY HOUSING 14.2.1 PURPOSE The provisions of this Section are designed: a) to increase the supply of safe and sanitary housing in the City of Taunton that is available to and affordable by low, moderate and middle income households; b) to encourage a greater diversity of housing accommodations to meet the needs of family households and other City residents; c) to promote a reasonable mix and distribution of housing opportunities throughout the City and d) preventing the displacement of low, moderate and middle income Taunton residents. 14.2.2 APPLICABILITY Any residential development may seek to increase its density of development through a special permit, provided it meets the standards for the provision of affordable housing outlined in this section. 14.2.3 DEFINITIONS LOCAL HOUSING AUTHORITY - the local housing partnership is the organization recognized by the Massachusetts Housing Partnership (MHP) as a MHP affiliate. The central role of the local housing partnership is the promotion of affordable housing opportunities. The Taunton local housing partnership is designated by the Mayor. LOW INCOME HOUSEHOLDS - ""Low income families"" are those whose incomes do not exceed 50 percent of the median income of the area, with adjustments for smaller and larger families. MODERATE INCOME HOUSEHOLDS - ""Moderate income families"" are those whose incomes are no greater than 80 percent and no less than 50 percent of the median income of the area, with adjustments for smaller and larger families. MIDDLE INCOME HOUSEHOLDS - ""Middle income families"" a hose incomes are no greater than 80 percent and no less than 50 percent of the median income of the area, with adjustments for smaller and larger families. MIDDLE INCOME HOUSEHOLDS - ""Middle income families"" are those whose incomes are no greater than 120 percent and no less than 80 percent of the median income of the area, with adjustments for smaller and larger families. INCOME STANDARDS - These income figures shall be as published by the United States Department of Housing and Urban Development for the Section 8 housing subsidy program. AFFORDABLE - A dwelling unit will be considered ""affordable"" to a low, moderate or middle income household where: (1) With regard to rental housing, the household spends no more than 30 percent of gross income for all shelter costs, including utilities; and; (2) With regard to sales housing, including condominiums, the household spends no more than 28-30 percent of gross household income for mortgage principal and interest, property taxes, insurance, and (where applicable) homeowners' association fees. Affordability requirements will be met if a 1 member household can afford a studio unit; a 2 member household can afford a 1 bedroom unit; a 3 member household can afford a 2 bedroom unit; and a 4 person household can afford a 3 bedroom unit. AFFORDABLE HOUSING - Housing which is affordable, as defined above, to the target low, moderate and middle income households. 14.2.4 AFFORDABILITY STRUCTURE 14.2.4.1 Pricing Standards As part of the application, a market plan will be submitted proposing the breakdown and price structure for all units in the development. Further affordable units, the following standards shall apply in calculating prices: Rental Units - The 30 percent ceiling for rents shall include utilities, or the rents shall be set at a level so that the rent plus the utility allowances as published by HUD for the Section 8 program do not exceed 30 percent of the target income. Sales Units: (1) The mortgage interest rate shall reflect a rate at which a fixed rate mortgage is realisti rom the first plan that would be abated based on the second plan's approval. This number shall be used by the City Planner in revising authorization schedules due to abatements. 14.34 Development Schedule Building permits for new dwelling units shall be authorized only in accordance with the following schedule: Number of new units in Development,Dwelling units/ year* 1-2,100% 3-4,50% 5-12,40% 13-18,30% 19-25,25% 26 +,up to 20% *Percent of units in the development for which building permits may be authorized each year. Also, Unit counts/year including fractions shall, if the fractional portion is equal to 0.5 or greater, be rounded up to the nearest whole number; and if the fractional portion is less than 0.5, shall be rounded down to the nearest whole number (examples: 1.8 = 2 units; 3.2 = 3 units). 14.37 Requirements 14.371 All definitive subdivisions, ANR (Form A) Plans, Special Permits and Site Plan Review applications shall include a proposed development schedule by the applicant. 14.372 Development schedules shall be determined by the Zoning Board (Special Permits, Variances) or Planning Board (Site Plan Review, Definitive Subdivision, ANR Subdivision) at the time of approval of any such application, using the following format: ""The first year of the development schedule shall be (month/year) or such earlier date that may result from intervening abatements."" Such schedules shall be included as a condition of the application. The City Planner shall be authorized to issue revised development schedules based solely on abatements approved by the Zoning Board or Planning Board. All development schedules with approved authorizations shall be recorded with the City Clerk and shall not be calculated into the overall growth rate until so recorded, In order to effectuate the schedule for the purposes of obtaining building permits, the applicant shall record the approval decision with the development schedule at the Registry of Deeds. 14.373 In the case of a cluster subdivision, a development schedule shall be app What year was the inclusionary/incentive provision adopted? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] I don’t know. " "[INST] Context: §175-11. Procedures for ANR applications. A. Request for ANR endorsement. (1) Any person who wishes to cause to be recorded in the Registry of Deeds or to be filed with the Land Court a plan of land and who believes that his plan does not require approval under the Subdivision Control Law may submit a request for ANR endorsement containing the following: (a) The original plan conforming to the requirements of the Registry of Deeds or Land Court, as appropriate, and conforming to the requirements of the Planning Board as specified in 175-10D and Subsection C of this section. (b) Seven full-size prints of the plan. (c) A copy of the deed to all parcels affected by the plan. (d) A completed Form ANR-1 (including all required supplemental forms). (e) The required fee, as specified in Subsection B below. (f) The necessary evidence to show that the plan does not require approval. (2) This request shall be submitted to the Planning Board in accordance with all requirements of 175-10. (3) Properties shown as ""remaining land"" or similar notation have no special status. They shall be included in all fee calculations and shall have all required data shown. B. Fees for ANR endorsement. All other ANR plans require an application fee of $50, plus $50 for each lot or parcel shown on the plan, excluding lots and parcels that are i unaffected by the endorsement, but including lots and parcels that are the intended recipient of a conveyance. For example, a plan that-shows a parcel of 0.5 acres being removed from a fifty-acre property, with the intent of conveying it to a neighboring property, will pay a total of $200, as follows: (1) Fifty-dollar base fee. (2) Fifty dollars for the fifty-acre (now forty-nine-and-five-tenths-acre) property. (3) Fifty dollars for the parcel being conveyed. (4) Fifty dollars for the recipient property. i C. Requirements for ANR pla cribing how the common open. space will be maintained in perpetuity to standards satisfactory to the Planning- Board. The applicant shall also provide as part of the common open space proposal an agreement empowering the Town to perform maintenance of the common open space in the event of failure to comply with the program included in the application pursuant to the preceding sentence providing that, if the Town is required to perform any maintenance work, the owners of lots or units within the OSMD shall pay the cost thereof and that the cost shall constitute a lien upon their properties until said cost has been paid. H. Duration of approval. Notwithstanding anything to the contrary in this 145-47, any special permit granted by the Planning Board for an OSMD shall become void within two years from the date of issue, which two years shall not include time required to pursue or await determination of deal referred to in 17 of c. 40A, unless any substantial part of the proposed construction work shall have been performed or has proceeded in good faith continuously to completion, except for a good cause. All open space shall be dedicated at the time the special permit, as required, has been granted. If at any time before, during, or after construction of the proposed development unforeseen conditions make it necessary or preferable to modify the project as described in the approved definitive OSMD application, the Planning Board. may authorize such modifications provided that they are within the spirit of the original proposal aid comply with this section. All the provisions of MGL c. 40A, 9, including the requirements of public hearing, shall be applicable to proceedings under this section. §145-48. Affordable housing conditional density bonus. A. Purpose and authority. This section is adopted pursuant to MGL c. 40A, 9 in order to encourage various housing types for persons of various ages and income levels and create affordable housing, to help people who have lived and worked in Townsend and have been unable to obtain suitable housing at a reasonable price, and to maintain a s ARTICLE IX Special Provisions §145-34. Additional requirements. §145-35. Motels. A. The density of motel units per acre shall be no more than five. [Amended 5-18-1987 STM by Art. 22] B. On each lot used for motel purposes there shall be provided front yard 60 feet in depth, rear and side yards each not less than 50 feet in depth. C. A space not less than 20 feet shall be maintained open with grass, bushes, flowers or trees all along each side lot, rear lot and front lot, except for entrance and exit driveways, and such open space shall not be built on, nor paved nor used for parking. D. No space within the required front yard depth shall be used for parking except as a temporary nature such as for registering. No parking spaces are allowed in required yard depths and all parking shall be at the side, rear or under the building for which it is intended. E. Each motel site shall be provided with not more than two motor- vehicle driveways for each abutting street which shall intersect the abutting street or streets at 90. F. Each rental unit shall contain not less than 250 square feet of habitable floor area. G. Subject to Board of Appeals, uses such as but not limited to restaurants, convention facilities, health clubs, retail shops, beauty and barber shops are permitted within motels containing 100 or more units. H. Hotels/motels in operation prior to January 1, 1970 have the capability to expand to a maximum density of 10 units per acre with or without individual kitchens. [Added 4-29-1991 ATM by Art. 41] §145-36. Accessory apartments in residential district. A. Purpose. Recognizing the need to provide alternative affordable housing for family members, the following regulations are established for accessory apartments in a residential district. It is expressly understood that this section does not provide for ""two-family"" or ""duplex"" type housing. [Added 12-4-1990 STM by Art. 9] B. An owner or owners of a single-family dwelling in an RA or RB District may apply to the Board of A §145-76. Legal abatement action. §145-77. Violations and penalties. ARTICLE XIV Applicability §145-78. Effective date of amendments. §145-79. Continuance of former bylaw. §145-80. Severability. ARTICLE XV Rate of Development and Subdivision Phasing §145-81 Purpose. §145-82 Applicability. §145-83 General. A. The creation of dwelling units under any program or statute intended to assist the construction of low- or moderate-income housing, as defined in the applicable statute or regulation, including Town bylaws. B. The creation of dwelling units for persons of 55 years and older through a properly executed and recorded deed restriction running with the land. §145-84 Limitation. A. Not more than a total of 28 building permits may be issued for new dwelling units within one calendar year. B. No more than three building permits shall be issued in any one calendar year for lots within the same subdivision; and no more than three building permits shall be issued in any one calendar year to the same individual or entity; and no more than three building permits shall be issued in any one calendar year for lots carved out of each tract of land shown on a plan endorsed by the Planning Board as ""Approval Not Required"" after the first publication of notice of this bylaw. C. The amendments to this bylaw shall take effect on the date such amendments are voted at the Town Meeting as provided for in Section 5 of Chapter 40A. Any of the 28 permits allowed for calendar year 2008, which have not been issued by the effective date of this amendment, shall be available for issuance pursuant to this amendment for the remainder of calendar year 2008. If in any y ormally be the equivalent to treating the date of receipt of such plans or data as the date of receipt of the application. (7) The report of the Board of Health may be accepted outside the bounds of the public hearing. The applicant is entitled to procedural due process before the Board of Health and may request a hearing from the Board of Health at the time of application. H. Approval and endorsement. (1) After the public hearing, the Board will decide whether or not to approve or disapprove the application, in accordance with the requirements of the Subdivision Control Law. The Board may make modifications and may impose reasonable requirements and conditions. The Board may require as a condition of approval that all ways, utilities, drainage systems and other municipal services be completed within two years or other such reasonable time frame. (3) Final approval, if granted, shall be endorsed on the original drawing of the definitive plan bay the signatures of a majority of the Board, but not until the statutory appeal period has elapsed following the filing of such approval with the Town Clerk and the Clerk has notified the Board that no appeal has been filed or, if an appeal has been filed, after the entry of ,the final decree of the court sustaining the approval of such plan: (4) The plans submitted for final approval shall make reference to the separate instrument identifying the conditions and requirements of such approval. (5) Prior to endorsing the final approval, such supplemental fees required for inspections, any additions to the 53G account and any amounts required to guarantee maintenance shall be submitted by the applicant. Such submissions shall be by separate certified or cashiers checks. The applicant shall submit a revised inspection schedule to facilitate in identifying such sums. (6) Prior to endorsing the final approval, the applicant shall provide an updated inspection plan. This shall be used to calculate the required supplemental and consulting fees related to inspections, subject to correction by the Board. For inspections per What year was the inclusionary/incentive provision adopted? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] I don’t know." "[INST] Context: (6) The intent of this Subsection (6) is to increase the supply of housing in the Town of Wakefield that is permanently available to and affordable by low and moderate income households and to encourage a greater diversity of housing accommodations to meet the needs of families and other Wakefield residents; and developing and maintaining a satisfactory proportion of the Town's housing stock as affordable dwelling units. To that end, the Special Permit Granting Authority at the time of the granting of the special permit pursuant to § 190-32 may require the applicant to provide affordable dwelling units up to and including 18% of the total . number of dwelling units provided on the sites which is the subject of the § 190-32 application. Affordable dwelling units shall be defined as dwelling units which count toward the Town of Wakefield's Massachusetts General Laws, Chapter 4013 Subsidized Housing Inventory as the same may be amended from time to time. When the percentage calculation does not result in a whole number it shall be rounded to the nearest whole number, but not less than one. Thus if so required by the Special Permit Granting Authority, (a) The applicant shall submit to the Special Permit Granting Authority, a use restriction or regulatory agreement that establishes an affordability restriction for the maximum period allowed by law for the designated affordable dwelling units. The applicant shall provide, when requested by the SPGA, (1) a copy of the application for a Local Initiative Project or similar program, acceptable to the SPGA, that allows the units be added to the town's subsidized housing inventory under Massachusetts General Laws, Chapter 40B, as amended from time to time; ( 2 ) a complete draft regulatory agreement; and ( 3 ) a letter stating the site has been preliminarily approved by the Department of Housing and Community Development or successor agency. This is in order to ensure the long-term affordability of the designated affordable dwelling units. The applicant shall submit proof to the Special Permit Granting Authority that the u amendment by mutual agreement of the parties hereto. In the extent the work is not completed within the time set forth or as extended, said funds as retained by the Lender shall be made available to the Treasurer of the Town of Wakefield for completion of the work, and the Applicant shall be deemed to have authorized the release of said funds for said purposes, and to have relinquished all claims to said funds. In consideration of the foregoing, the Board hereby releases lots numbered ___________________ shown on said definitive plan from the provisions of said covenant and conditions therein imposed. The obligations of the parties hereunder are to be construed consistent with the subdivision control law, and no rights granted thereunder are waived. IN WITNESS WHEREOF, the parties hereto, being duly authorized, have executed this agreement as a sealed instrument on this ____________ day of ____________(month) ______(year). LENDER ___________________________________________ ___________________________________________ ___________________________________________ COMMONWEALTH OF MASSACHUSETTS ___________________SS. ____________________, 20___ Then personally appeared _______________________________ Chairman of Board ________________________________________________________ Lender Applicant and acknowledged the foregoing instrument to be their free act and deed, before me ___________________________ Notary Public My Commission Expires:__________ APPLICANT ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ NOTE: If applicant is a corporation, a vote of the Board of Directors of the corporation must be appended or filed with the Town of Wakefield. Wakefield PLANNING BOARD ____________________________ Chairman ___________________________ __________________________ ___________________________ __________________________ COMMONWEALTH OF MASSACHUSETTS ____________________ss. _________ 3.3 PERFORMANCE GUARANTEE 3.3.1 Election by Applicant An applicant may elect to complete a subdivision under either a Performance Bond, conditional Approval Contract, or Lender's Guarantee of Performance, and shall notify the board of his choice at the time of submission of the definitive plan. Execution of the Performance Bond Conditional Approval Contract or Leader's Guarantee of Performance must be completed before endorsement of the definitive plan by the Board. Securing the performance of the required improvements by a Performance Bond, or Lender's Guarantee of Performance will allow the applicant to construct structures prior to the release of the performance bond or guarantee. Prior to the issuance of a building permit, however, the street providing access to the proposed structure shall be paved with, at a minimum, a binder course of Class I bituminous concrete, satisfactory to the Town Engineer, all utilities must be installed and accepted by the Department of Public Works, the drainage system must be complete and operational, a hydrant shall be in working condition within two hundred and fifty (250) feet of the proposed structure, and all structures (gates, catch basins, manholes, etc.) shall be set flush with the binder pavement. 3.3.2 Performance Bond If he so elects, the applicant shall file with the board a bond (see Section VI Form E or F) conditioned on the completion of all required improvements within two years from the date of endorsement of the definitive plan, unless the Board in the particular instance approves a different period of time; said bond to be in sufficient sum, in the opinion of the Board, to cover the cost of construction of such improvements and so drawn as to insure their satisfactory completion. Such bond or security, if filed or deposited, shall be approved as to form and manner of execution by the town Counsel and as to sureties by the Town Treasurer. After completion of the subdivision and certification that the work has been completed to the satisfaction of the board and in accordance with the de ning district. [Amended TM 4/3/00] Table Table Regulation Legend Permitted by right - special permit sp = Permitted by Not permitted permitte Zoning Districts Principal Permit Uses GR MR[1] Residential and institutional uses Single-family detached dwelling Religious purpose Nonprofi educational library museum School educational use Charitable or philanthrop Railroad local passenger station Membership club (non Agriculture, horticult floricult use, for use only riculture, horticulture floricul use, site floricu. of acres more recreational Municipal administration public safety building Home occupation (as defined section 190-4) eservation conservation wildlif preserve Conversion pre-1935 - dwelling 2-family of at least 12,000 - feet feet (see Section Section 190- 32G) Conversion dwellin to family lot 1000 least 13,000 square feet (see square (sec Section 90-32G) Telephone exchange exchange public public office excludir storage repair Hospital, sanitarium home Cemetery 2-family dwelling Mobile home park SSR NB LJ MR[1] attached Garden apartment dxelling complex apartment Day-care center Family day-care home Accessory to permitted resident use Accessor apartment single Single uses set forth in as set [Added Section 5-10-1993 ATM by Art. 33 SP Accessory apartments in apartments Special Single single Special uses Section uses 100-224/11 (f) [Added section 5-19-1994 ATM by Art. 361 Business uses Retail store service service Amended 5-7-1992 ATM by Art. 33] Retail service to an industrial commercial use retail store or bank Rest Restaurant [Amended 6-7-1990 ATM Art 38; 5-23-1994 371 Art. ATM 1994 5-23 Fast food (Amended ATM by Art. 37 LI office dentist lawyer certified certified public public (CPA) accountant (CPA) not incidental residential use ional business and Profess Profess offices and financial Theater Theater, cinema bowling other alley other indoor Hotel cended for the occupatic Lodging rooming house Lodging unit Restaurant newsstand eparately, the number of parking spaces to be provided may be reduced accordingly. B. Table of Required Off-Street Parking. Off-street parking shall be provided for new structures and new additions or for changes in use in accordance with the following table. Table 3 Table of Required Off-Street Parking Principal Use,Number of Spaces Required 1- or 2-family houses,2.0 per dwelling unit Housing for the elderly (publicly assisted),0.5 per dwelling unit Multifamily dwellings or, attached dwellings, 2 bedrooms or fewer,1.5 per dwelling unit 3 bedrooms or more,2.0 per dwelling unit Hotels,""1.0 per 2 employees in maximum working shift, plus 1.0 per guest room, plus 1.0 per 3 seats in a restaurant, plus 1.0 per 200 square feet of space in function rooms not designed for eating"" Accessory lodgings or lodging,1.0 per room offered for rent ""Places of public assembly, such as churches, theaters, assembly halls, stadiums, clubhouses and function halls"",""1.0 per 5 seats or 10 linear feet of bench space or 50 square feet of floor area open to public assembly where no seats or benches are provided, plus 1.0 per 2 employees in the maximum working shift"" Principal Use,Number of Spaces Required Eating places serving food or beverages,""1.0 per 3 employees in the maximum working shift, plus 1.0 per 4 seats, plus 1.0 per 100 square feet of function rooms not designed for eating"" Funeral homes; undertakers,""1.0 per 4 seats or 1 per 50 square feet in parlors, whichever is greater"" Bowling alleys,2.0 per bowling alley ""Hospitals, chronic or convalescent sanatoriums and nursing or convalescent homes"",""1.0 per 2 employees in the maximum working shift, plus 1.0 per attending doctor, plus 1.0 per 2 patient beds"" Schools and museums,""2.0 per 3 staff members, plus 1.0 per 3 students of driving age (unless car usage is prohibited) or 1.0 per 6 seats in largest place of assembly (whichever is greater)"" Retail and service establishments,1.0 per 250 square feet of gross floor area(1) Business offices,1.0 per 250 square feet of gros What year was the inclusionary/incentive provision adopted? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] I don’t know. " "[INST] Context: SECTION 2.0. DISTRICTS 2.1 ESTABLISHMENT. For the purposes of this By-Law, the Town of Ashland is hereby divided into the following zoning districts: Residential Districts Residence A RA Residence B RB Residence Multifamily RM Commercial Districts Highway Commerce CH Downtown Commerce CD Village Commerce CV Neighborhood Commerce CN Office Commerce CO Industrial I Special Districts Wildwood Mixed Use Special District WMUSD Rail Transit District RTD Ashland Downtown District ADD Quarry Remediation District QRD Such districts shall be created and amended only by vote of the Town Meeting amending the Zoning Map. 2.2 OVERLAY DISTRICTS 2 In addition, the following overlay districts are also hereby established in Section 8.0: Floodplain Overlay District (FPOD) Groundwater Protection Overlay District (GPOD) Wireless Communication Service Overlay District (WCSOD 2.3 ZONING MAP. The boundaries of these districts are defined and founded on the map entitled, ""Town of Ashland, Massachusetts Zoning Map Index FY 2009,"" scale: 1"" = approx. 1000', effective date 9/7/72, revised date June 2008, a copy of which is on file in the office of the Town Clerk, and that the map and all explanatory matter thereon is hereby made a part of this chapter. 2.4 BOUNDARIES OF DISTRICTS. The following rules shall apply to the interpretation of the Zoning Map. 2.4.1 Boundary Lines within Public or Private Ways. Where the boundary line (or portion of a boundary line) of a zoning district is shown on the Map within the street line of a public or private way, the center line of such public or private way shall be the boundary line. 2 use unless approved by the Planning Board. 3. Capacity of any restaurant/snack bar shall not exceed sixty (60) seats unless approved by the Planning Board. 4. Ancillary uses located within a residential structure shall have no exterior advertising display except for signs approved by the Planning Board, with advice from the Inspector of Buildings. 5. No on-site public retail or professional services shall be permitted as primary or ancillary uses within a RA or RB zoning district. 7.4.7 Decision. The Planning Board may impose additional conditions not inconsistent with this or other sections of the Zoning By-Law. 7.5 MULTIFAMILY DWELLINGS 7.5.1 Administration. The Board of Appeals may grant a special permit for the construction and occupancy of multifamily dwellings on any parcel in excess of five (5) contiguous acres in the RM District subject to the following regulations and conditions. 7.5.2 Application. Applicants shall submit to the Board of Appeals five (5) copies of the following: 1. An application. 2. A site plan prepared by a registered architect, landscape architect and civil engineer, showing existing and proposed topography, proposed structures, drives, parking, landscaping and screening, utilities, drainage and reserved open space, if any. 3. A ground floor plan, sections and elevations of all proposed buildings. 4. Materials indicating the proposed number of dwelling units, distinguishing units by number of bedrooms and any special occupancies (elderly or handicapped); form of tenure and subsidies anticipated; rent or sales prices, including any commitments for price ceilings; methods of water supply and sewerage disposal; time schedule for construction of units and improvements; service improvements proposed at the developer's and those anticipated at the town's expense; and means, if any, of providing for design control. 7.5.3 Impact Statement. An analysis of the consequences of the proposed development, shall be submitted, evaluating the following imp wo-family dwellings. 5. In the CN District, access to the rear of the lot shall be via 16' drives. 6. In the CH, CD, and CV Districts: for single-family dwellings not connected to municipal water and sewer, increase minimum lot area by 50%; for two-family dwellings not connected to municipal water and sewer, increase minimum lot area by an additional 50%. 7. In the CN District, lot coverage by buildings shall not exceed 15%. 8. In the CO District, lot coverage by buildings shall not exceed 30% and minimum building separation shall be 20 feet. 9. In the CO District, the front, side and rear setback for office use shall be increased to 60' when all or any part of the front, side or rear yard includes the 100 foot buffer area provided for herein being a separate landscape buffer area along the northern edge of the zoning district, running easterly from a point on Chestnut Street, adjacent to land now or formerly of Frank Summers, a distance of 63.82 feet, and then running northerly along said land of Frank Summers a distance of 110 feet, and then running easterly along the northern boundary of the zoning district perpendicular to Mount View Drive, a distance of 566.31 feet, (the ""Northernmost Zone Line""). 10. In the CO District, the Front, Side and Rear Setbacks for Parking and Signs shall be increased to 100 feet when all or any part of the front, side, or rear yard includes the 100 foot buffer area provided for herein being a separate landscape buffer area along the northern edge of the zoning district, running easterly from a point on Chestnut Street, adjacent to land now or formerly of Frank Summers, a distance of 63.82 feet, and then running northerly along said land of Frank Summers a distance of 110 feet, and then running easterly along the northern boundary of the zoning district perpendicular to Mount View Drive, a distance of 566.31 feet, (the ""Northernmost Zone Line""). 4.1.3 Accessory structures. Accessory structures may not be placed within required yards, except that permitted signs or roadside stands may be located within a required front yard area, and a permitted on e (25) % maximum. 3. Dwelling Lot Coverage (density) - twenty-five (25) % maximum. 4. Floor Area Ratio - 0.5 maximum. 5. Distance between common use buildings/structures - thirty (30) feet. 6. Additional Parking Provisions - in addition to individual dwelling unit parking requirements addressed, supra, within the development, separated and screened from the majority of dwelling units, there shall be provided an additional paved and lined parking area, equivalent to twenty (20) % of that which is provided for dwelling units, for the longer-term parking and storage of recreation-type vehicles, not used on a daily basis; such area may additionally serve to accommodate overflow guest parking and may be located within any qualifying open space along the perimeter of the development. 7. The right-of-way network shall be so designed and constructed as not to allow vehicular traffic throughout the development from neighboring parcels or streets. Road signs shall be posted to indicate ""NOT A THRU STREET,"" or other appropriate wording, to temper unnecessary intrusion of off-site traffic. 8. Paved sidewalks shall be located and constructed to the bounds of the development from interior roadways to provide pedestrian access to neighboring streets and abutting parcels, if practical, as determined by the Planning Board. 9. Along the perimeter of the development parcel, for a depth of thirty (30) feet minimum, landscape greenery or other buffering/screening method(s), in place at the time of development, which can serve to obstruct the view of adjacent land use properties from one another, shall remain undisturbed; except for underbrush clearing and general maintenance. If such existing buffering/screening is deemed insufficient it shall be supplemented, as determined by the Planning Board. 10. Rights-of-way, driveways and sidewalks within the development shall meet such width, grades, radius of curvature and construction standards as required by the Planning Board Subdivision Rules and Regulations CHAPTER 282. ZONING How many zoning districts, including overlays, are in the municipality? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] 16" "[INST] Context: ng buildings and STRUCTURES to be externally enlarged or expanded in ground area to an extent greater than 30% of internal floor areas or ground coverage; of six hundred square feet, whichever is larger, plot plans shall show existing and approved abutting street grades, the proposed elevation of the top of the. foundation of existing and proposed buildings or STRUCTURES, existing and proposed topography, existing septic disposal systems, private wells, wetland boundary delineations as approved by the Conservation Commission, gas, water and other public utilities in the abutting street and the zoning classification of the abutting properties. PLOT plans shall also show such other information as may be necessary to provide for the verification of compliance with the applicable provisions and the enforcement of this Bylaw, including, but not limited to, off street parking, SCREENING and fencing. PLOT plans shall be certified by a registered professional engineer or land surveyor. A record of all applications, plans, and permits shall-be kept on file by the BUILDING COMMISSIONER/Zoning Enforcement Officer. 3.7.3.The requirements of this section may be waived by the BUILDING COMMISSIONER upon a determination that an application for a building permit to alter or expand an existing dwelling unit, or for an occupancy permit, clearly complies with the provisions of this Bylaw. 3.8. Lots in Two Towns. When a LOT in one ownership is situated so that a part of it is in the Town and part is in an adjacent Town, the provisions of this Bylaw shall be applied to that portion of the LOT which lies in the Town in the same manner as if the entire LOT were situated therein; i.e., the entire area and FRONTAGE shall be considered in determining conformity to the dimensional requirements herein. The use of the portion of the LOT in the Town shall conform to the provisions herein. 3.9. Lots Divided by Zoning Boundary Where a boundary line between zoning d wn of Merrimac on file with the Town Clerk. Said map as from time to time amended is hereby made a part of this by-law. VR Village Residential SR Suburban Residential AR Agricultural Residential LA Lake Attitash VC Village Center RH Rural Highway HS Highway Services OI Office-Light Industrial RA Rural Agricultural Preservation Overlay District FP Floodplain District WRPD Water Resource Protection District BM Birch Meadow Overlay District **Webmasters Note: The previous district has been added as per an update approved at a town meeting held 4/30/07. 1.5 Zoning Map. The OFFICIAL ZONING MAP, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Bylaw. 1.5.1. The OFFICIAL ZONING MAP shall be located in the office of the Town Clerk. The authenticity of the Zoning Map shall be identified by the signature of the Town Clerk and the imprinted seal of the Town under the following words: This is to certify that this is the Zoning Map of the Town of Merrimac, Massachusetts, referred to in the Town of Merrimac Zoning Bylaw, June 5, 1975, as amended through May 3, 2004. 1.5.2. Changes in district boundaries or other matters portrayed on the OFFICIAL ZONING MAP shall be indicated by the alteration of such map, and the map thus altered as declared to be part of the Bylaw thus amended. Such changes shall be made within 14 days of final approval of amendments by the Attorney General's Office. The Building Commissioner shall be responsible for making changes to the Zoning Map. 1.5.3. No changes of any nature shall be made in the OFFICIAL ZONING MAP or matters shown thereon except in conformity with the procedures set forth in this Bylaw. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this Bylaw and punishable under the provisions of Article 24 of this Bylaw. 1.5.4. Regardless of the existence of purported copies of the Zoning Map which may be made or published from time to time, the OFFICIAL ZONING MAP located in the office of the Town Clerk ZONING BYLAW rticle 14 to be within a Water Resources Protection Overlay District, then the more restrictive regulations of Article 14 shall prevail. 6.6.1. Minimum LOT AREA: 87,120 square feet (ft2) 6.6.2. Minimum FRONTAGE: 200 feet 6.6.3. Lot Width: 180 feet 6.6.4. Maximum Building Height (Feet): 35 feet 6.6.5. Maximum Building Height (Stories): 2 1/2 stories 6.6.6. Maximum LOT COVERAGE: 25% 6.6.7. Minimum Front Yard Setback: 50 feet 6.6.8.Minimum Side Yard Setback: 30 feet **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held on 5/2/05. 6.6.9.Minimum Rear Yard Setback: 30 feet **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held on 5/2/05. 6.7. Special Permits in the Agricultural Residential District. 6.7.1. The SPECIAL PERMIT Granting Authority (SPGA) for uses and STRUCTURES in the Agricultural Residential District shall be the Planning Board. 6.7.2. Requirements. An application for a SPECIAL PERMIT in the Agricultural Residential District shall include a written description of the proposal for which a SPECIAL PERMIT is requested and a Site Plan prepared by a Registered Professional Engineer and/or Registered Land Surveyor at an appropriate scale to clearly show dimensions, legend, and all other information deemed necessary to describe the site and its conditions. 6.7.3. SITE PLAN REVIEW. The site plan review requirements of Article 19 of this Bylaw shall apply to SPECIAL PERMITS in the Agricultural Residential District. For uses allowed by SPECIAL PERMIT, site plan review shall be conducted concurrently with the SPECIAL PERMIT application, review and determination procedures. 6.7.4. Referral. The Planning Board shall refer a SPECIAL PERMIT application to the Police, Fire, Water and Sewer Departments, the Board of Health, the Conservation Commis ded by a curve having a radius of less than 100 feet. COVERAGE . As used in this Bylaw, ""coverage"" is classified according to the following terms and meanings: 1. BUILDING COVERAGE: The maximum percentage of a LOT in any district which is covered by STRUCTURES which constitute principal and accessory uses thereof. For the purposes of this section, uncovered swimming pools; tennis courts and decks of one hundred square feet or less shall be exempt from the definition of building coverage. Garages, barns, storage sheds or additions and alterations to the principal residential building occupying the LOT shall not be exempt from the definition of building coverage. 2. LOT COVERAGE: The percentage of a LOT in any district which is covered by impervious surfaces, including the principal building and accessory STRUCTURES on the LOT. For the purposes of this section, such impervious surfaces shall include, and not be limited to, paved driveways and parking areas, sidewalks constructed of impervious materials, principal and accessory STRUCTURES, and other on-site amenities that render any portion of a LOT impervious. DWELLING UNIT : A room or group of rooms forming a habitable unit for one family with the facilities which are used or intended to be used for living, sleeping, cooking and eating. EARTH REMOVAL : Stripping, digging, excavating or blasting soil, loam, sand or gravel from one LOT and removing or carrying it away from said LOT to other LOTS or places. EAVE : The projecting lower edges of a roof overhanging the wall of a building. ELDER CARE : Any building or facility providing medical services or assistance with daily living activities for residents over 62 years of age on an out patient or live-in basis. ELDERLY HOUSING : A single-family, Townhouse or MULTI-FAMILY residential development consisting of multiple dwelling units on one single contiguous parcel, restricted for occupancy by households with at least one family member who is 55 years of age or older. FAMILY DAY CARE : CHILD CARE or day care provi How many zoning districts, including overlays, are in the municipality? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] 12" "[INST] Context: ARTICLE IV REGULATIONS OF OVERLAY DISTRICTS § 97-4. Regulations of Overlay Districts. A. General: (1) The following special districts are superimposed over specific parts of the Town (as described within each overlay district), and may establish requirements over and above those described in the respective underlying districts. All applicable regulations, whether Federal, State, or local, if more restrictive, shall also apply. B. Water Supply Protection (1) Purpose: (a) To promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses of the Town of Newbury; (b) To preserve and protect existing and potential sources of drinking water; (c) To conserve the natural resources of the Town of Newbury; and (d) To prevent temporary and permanent contamination of the environment. (2) Allowed Uses: (a) Residential development, subject to § 97-3C(2) (Prohibited Uses) and § 97-3C(3) (Uses and Activities by Special Permit); (b) Maintenance, repair, and enlargement of any existing structure, subject to § 97-3C(2) (Prohibited Uses) and § 97-3C(3) (Uses and Activities by Special Permit; (c) Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, subject to § 97-3C(2) (Prohibited Uses) and § 97-3C(3) (Uses and Activities by Special Permit; (d) Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply, and conservation devices; (e) Construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels. Underground storage tanks related to these activities are not categorically permitted; (f) Foot, bicycle, and/or horse paths, and bridges; (g) Nature study and outdoor recreation, including play areas, boating, fishing, swimming, and hunting where otherwise legally permitted; (h) Conservation of soil, water, plants 11. The decision of the Board of Selectmen and any extension, modification, or renewal thereof shall be filed with the Board and Town Clerk within 90 days following the closing of the public hearing. Failure of the Board to act within 90 days shall be deemed as a granting of the permit. However, no work shall commence until a certification is recorded as required by said Section 11; (h) Written notice of any violations of this Section shall be given by the Building Inspector to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the Board of Health, Conservation Commission, Water Department, and Planning Board. The cost of containment, cleanup, or other action of compliance shall be borne by the owner and operator of the premises. For situations that require remedial action to prevent adverse impact to the water resources within the Water Supply Protection District, the Building Inspector, the Board of Health, or their agents, may order the owner or operator of the premises to remedy the violation. If said owner and/or operator fails to comply with said order, the Building Inspector, the Board of Health, or their agents, if authorized to enter upon such premises under the terms of the special permit or otherwise, may act to remedy the violation. The cost of remediation shall be the sole responsibility of the owner and operator of the premises. C. Wireless Communications Services Overlay District. [Added 4-24-2001 ATM Art. 26; amended 6-26-2001 STM Art. 7] (1) Purpose: (a) The purpose of this Zoning Bylaw is to establish a district in which wireless communications services may be provided while preserving and ARTICLE II USE DISTRICTS § 97-2. Establishment of Use Districts. A. Types of Use Districts: For the purpose of this By-Law, the Town of Newbury is hereby divided into the following types of use districts: (1) Agricultural Residential (R-AG) (2) Parker River Residential (PR) (3) Residential-Limited Business (R-LB) (4) Business (B) (5) Commercial Highway (CH) (6) Commercial Highway A (CHA) (7) Industrial (I) B. Location of Districts. (1) Zoning Map. The Planning Board of the Town of Newbury shall prepare and periodically update as required, a Zoning Map, which Zoning Map shall show all zoning use districts within the Town in a manner sufficient for identification.1 The Zoning Map shall be a part of this By-Law; provided, however, that in the event of any inconsistency between the written provisions of this By-Law and said Zoning Map, the written provisions of this Zoning By-Law shall prevail. (2) Written Description of Use Districts: (a) Agricultural Residential districts shall include all portions of the Town not otherwise classified; (b) Parker River Residential. This district shall constitute a certain parcel of land situated east of High Road and north of the Parker River in the Town of Newbury, bounded and described as follows: Beginning at a point in the easterly sideline of High Road at the northwesterly corner of the said parcel of land at the southwesterly corner of land of or formerly of The Society for the Preservation of New England Antiquities, said point being about 885 feet south of the southerly intersection of the sidelines of High Road and Cottage Road Thence running: Easterly about 210 feet by said land of, or formerly of, The Preservation of New England Antiquities to a corner, Thence running: Northerly about 135 feet by said land of, or formerly of, The Preservation of New England Antiquities to a corner of land reet other than a street created by the OSRD; provided, however, that the Planning Board may waive this requirement where it is determined that such reduced lot(s) will further the goals of this By-Law; (b) At least 50% of the required setbacks for the district shall be maintained in the OSRD unless a reduction is otherwise authorized by the Planning Board. Where structures containing three to four dwelling units are being proposed, the side lot lines between units may be 0 feet, however the distance between structures shall be a minimum of 20 feet; (c)Minimum Frontage: The minimum frontage may be reduced from the frontage otherwise required in the zoning district; provided, however, that no lot shall have less than 50 feet of frontage; (d) Setbacks: Every dwelling fronting on the proposed roadways shall be set back a minimum of 20 feet from the roadway right-of-way, and 10 feet from any rear or side lot line. In the event that dwellings are located on exclusive use areas or contain no interior lot lines, a minimum distance of 20 feet between single and two-family dwellings shall be required. (11) Increases in permissible density. The Planning Board may award a density bonus to increase the number of dwelling units beyond the Basic Maximum Number. The density bonus for the OSRD shall not, in the aggregate, exceed fifty percent (50%) of the Basic Maximum Number. Computations shall be rounded to the lowest number. A density bonus may be awarded in the following circumstances: (a) For each additional ten percent (10%) of the site (over and above the required 50%) set aside as open space, a bonus of one additional unit or five percent (5%) of the Basic Maximum Number, whichever is greater, may be awarded. (b) For every one (1) dwelling unit restricted to occupancy for a period in perpetuity by persons or families who qualify as low or moderate income, two (2) dwelling units may be added as a density bonus for each low income unit, one (1) dwelling unit as a bonus for each moderate income unit. (c) For every historic structure preserved and subject to a historic preservation restriction, one (1) dwelling unit m f the right-of-way of I-95 and Central Street 800 feet wide and extending northerly 400 feet. An area at the Northwestern Junction of the right-of-way of I-95 and Central Street 225 feet deep and extending westerly along Central Street 300 feet to the Junction of Church Street. An area located at the Northeast Junction of U.S. Rt. #1 and Hanover Street bounded on the east by the B & M Railroad right-of-way, on the south by the center line of Hanover Street and on the west by the center line of U.S. Rt. #1. An area located on the northerly side of Scotland Road bounded on the west by the right-of-way of U.S. Rt. 95, on the south by Scotland Road, on the east and northeast by the easterly property line of Lot 1 Assessors' Map R-44, now or formerly of Bartlett, and on the north by the City Line of Newburyport and the Town Line of West Newbury. (f) Commercial Highway District A: An area at the Southwest Junction of the right-of-way of I-95 and Central Street, 500 feet wide and extending southeasterly to the Parker River. (g) Industrial: A.500 foot strip along the south bank of the Parker River in Precinct 1 extending for a distance of 1,000 feet west and 1,000 feet east of the Parker River Bridge on U.S. Route 1A, less any portion of Lot #78 Assessors' Map R-11. A.500 foot strip along the south bank of the Parker River extending from Main Street to Route 95. That portion of Precinct 1 bounded on the north by Newburyport line, on the east by a line 1,000 feet east of the parallel to the right-of-way of the Boston and Maine Railroad, Main Line, on the south by Hanover and Middle Streets, and on the west by Highfield Road and Scotland Road. Except that section which is bounded on the east by the B & M Railroad right-of-way, on the south by the center line of Hanover Street, and the west by the center line of U.S. Rt. #1. C. Overlay Districts. The following special districts are superimposed ov How many zoning districts, including overlays, are in the municipality? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] 9" "[INST] Context: paces--for every family dwelling unit. b. Apartment and town houses., One and one-half (1 1/2) for every family dwelling unit. (2) Banks and financial services; business and professional offices.,""One (1) for every employee and, in addition, two (2) for every office but in no event less than one (1) for every one hundred fifty (150) square feet of gross floor area."" (3) Light industrial use.,""One (1) for every one and one-half (1 1/2) persons employed or anticipated to be employed on the largest shift for all types of shops, buildings, or structures used for research, laboratory manufacturing, and one (1) additional for every vehicle used in connection with the business."" (b) In computing gross floor area, the entire floor area of each structure shall be included. (c) The design standards for off street parking shall be in compliance with section 6.1.5 of the city ordinance. (d) The off street loading requirements for all uses located within a municipal properties reuse development shall comply with section 6.2 of the city ordinance or bylaw. (Ord. of 9-16-82, § 4) 4.6 DESIGNATED DEVELOPMENT DISTRICT (DDD) 4.6.1 Purposes. The designated development district and uses created herein are intended to: (a) Encourage a regional node and cohesive community of compatible mixed uses including office, research and development and light manufacturing supported by hotels, restaurants, retail shopping, and recreational facilities within the designated development district. (b) Establish incentives to encourage desirable land uses and coordinated land assembly for development. (c) Reduce the number of regulations to a small set of essential standards for density, dimensions, and parking. (d) Establish design and development guidelines to clarify city goals, assist developers, and result in coordinated signage and lighting, compatible architecture, and site work throughout the district. (e) Establish development plan review to ensure quality and intent of proposed projects. (f) Establish site specific performance standards to regulate ng for one family in a connected row of three (3) or more dwellings, where one family is not living over another. MUNICIPAL PROPERTIES REUSE DEVELOPMENT (MPRD) : A municipal properties reuse development shall mean the development of municipal properties no longer serving a municipal purpose, as a single entity, in which a mixture of residential, open space, commercial, and light industrial uses, and a variety of building types and designs, are determined to be sufficiently advantageous to render it appropriate to grant a special permit to the extent authorized by this zoning ordinance. (Ord. of 9-16-82, § 1) NATURAL WOODLANDS : A grouping of mature indigenous trees with a minimum density of twenty (20) trees of six (G) inches' diameter or greater per ten thousand (10,000) square feet throughout (Ord. of 5-9-97, § 1) NEIGHBORHOOD BUFFER : A landscaped area sufficient in depth and screening to visually separate one land use from one another. (Ord. of 5-9-97, § 1) NURSING HOME : Any place or institution for the aged, infirm, chronic or convalescent whether conducted for charity or for profit which is established to render domiciliary care, custody, treatment or lodging for three (3) or more unrelated persons who require or receive assistance in ordinary daily activities of life or who are confined to bed or chair. (This term includes boarding and rooming houses for aged people, convalescent homes, rest homes, homes for the aged or infirm and convalescent homes for children, but does not include hospitals, clinics and similar institutions devoted primarily to the diagnosis and treatment of disease, injury, maternity cases or mental illness.) ONE-FAMILY DWELLING : A detached dwelling designed for and occupied by a family excluding mobile homes. (Ord. of 5-10-84, § 4) ORNAMENTAL TREE : A small to medium size deciduous tree, noted for its form, leaf color, texture, flowers, or fruit, used to provide vegetative screening along a driveway, beside a building, or within a landscaped buffer. (Ord. of 5-9-97, § 1) OVERLAY ZONE Appendix B: Zoning Index ALCOHOLIC BEVERAGE ESTABLISHMENTS Dimensional regulations (5.5) APPEALS, BOARD OF. See: BOARD OF APPEALS AUTOMOBILE SERVICE STATIONS Dimensional regulations (5.6) B-C CENTRAL BUSINESS DISTRICT Landscaping (6.5) Sign regulations (6.3.3(a)) Special permit uses (4.4.8) B-H HIGHWAY BUSINESS DISTRICT Landscaping (6.5) Sign regulations (6.3.3(b)) B-H2 BUSINESS HIGHWAY LIGHT INDUSTRY DISTRICT Landscaping (6.5) Sign regulations (6.3.3(b)) B-N NEIGHBORHOOD CONVENIENCE BUSINESS DISTRICT Landscaping (6.5) Sign regulations (6.3.3(a)) BOARD OF APPEALS Established (7.6.1) Powers (7.6.2) Procedure (7.6.3) Repetitive petitions (7.11.2) Rules (7.6.4) BOUNDARIES District boundaries (3.3) BR REGIONAL BUSINESS DISTRICT Landscaping (6.5) Sign regulations (6.3.3(c)) BUILDINGS Building permit Permit plan (7.2.3) Plat of lot (7.2.2) Required (7.2.1) Temporary permit (7.3) Time limit re ordinance amendment (7.2.4) Certificate of occupancy (7.4) Dimensional regulations (5.1 et seq.) See: DIMENSIONAL REGULATIONS Nonconformance (1.5) Permits. See herein: Building Permit Special permit uses (4.4 et seq.) See: SPECIAL PERMIT USES Temporary permit. See herein: Building Permit CERTIFICATES Buildings and mobile homes; certificate of occupancy (7.4) CITY COUNCIL Repetitive petition (7.11.1) Special permits Powers and duties re (7.7.1) Procedures (7.7.3) Rules (7.7.2) CLUSTER DEVELOPMENT Special permit uses (4.4.4) COMMUNICATION TOWERS Dimensional regulations (5.8) CONTINUING CARE RETIREMENT COMMUNITIES Multiple lots (4.8.2) Scope (4.8.1) Lot requirements (4.8.3) CORNER INTERSECTIONS Traffic visibility across (6.6) DDD DESIGNATED DEVELOPMENT DISTRICT Development plan review Final development plan review (4.6.3(c)) Preapplication conference (4.6.3(a)) Preliminary development plan review (4.6.3(b)) Procedure and time frame (4.6.3(d)) Parking ratio (4.6.6) Peabody designated development district capital facilities ordinance Authority (4.6.7(b)) Intent and purpose (4.6.7(c)) Liberal construction and separability (4.6.7(e)) Site plan review and special permit requirement (4.6.7(d)) Title (4.6.7(a)) Violation and penalty (4.6.7(f)) Permitted uses Generally (4.6.4(a)) Nonconformance (4.6.4(d)) Special permit uses (4.6.4(b)) Use limitation (4.6.4(c)) Purposes (4.6.1) Reviewing authority (4.6.2) Schedule of density and dimensional regulations (4.6.5) Section 3: Establishment of Zoning Districts 3.1 CLASSES OF DISTRICTS For the purpose of this ordinance, the City of Peabody is hereby divided into the following zoning districts: District,General Purpose R-1,Single Family Residence R-1A,Single Family Residence R-1B,Single Family Residence R-2,Single Family and Two Family Residence R-3,Multiple Family Residence R-4,Multiple Family Residence R-5,Multiple Family Residence PRD,Planned Residential Development MH,Mobile Homes B-R,Regional Business B-C,Central Business B-H,Highway Business B-H2,Business Highway Light Industry B-N,Neighborhood Convenience Business B-N2,Neighborhood Business I-L,Light Industry I-P,Industrial Park DDD,Designated Development District FPWD,Flood Plain/Wetlands District MPRD,Municipal Properties Reuse District MU,Mixed Use Overlay Zone HP,Hillside Protection Overlay Zone SWPD,Surface Water Protection District GPD,Groundwater Protection District (Ord. of G-27-78, 1(3.1); Ord. of 10-1-81, § 1; Ord. of 9-1G-82, § 3; Ord. of G-23-83, § 1; Ord. of 5-10-84, § 11; Ord. of 10-11-84, 7; Ord. of 11-21-9G, § 4; Ord. of 5-14-98, § 1) Editors Note: The DDD, designated development district, has been added to subsection 3.1 by the editor in light of an ordinance adopted April 28, 1988. 3.2 INCORPORATION INTO ZONING MAPS Said districts are as shown, defined and bounded on the maps accompanying this ordinance, entitled ""City of Peabody, Mass, Zoning Map, 1975, Scale: 1"" = 800""' and ""City of Peabody, Mass. Wetlands Conservancy Map, Scale: 1"" = 800""', both of which are on file in the office of the city clerk and with the planning board. The zoning maps, with all explanatory matter thereon, are made part of this ordinance. 3.3 BOUNDARIES OF DISTRICTS The district boundaries shall be as shown on the zoning maps, the scale of the maps and the figures entered to serve as guides. Where boundary lines run parallel to and a distance of approximately one hundred (100) feet from street lines, said distances shall be deemed to be one hundred (100) feet. Where building lines for business and industrial districts are hereafter established by the city, the district boundary lines may be measured from the new street line. 3.4 LOTS IN TWO DISTRICTS When a district boundary line divides a lot in single or joint ownership at the time such line is established, a use permitted on the less restricted portion may be extended into the more restricted portion, but in no case more than twenty-five (25) feet over the established line. This section shall not apply to the flood boundary district and wetlands conservation district (Ord. of 10-23-80, § 1) nstructed, changed, enlarged or permitted and no use of premises in any district shall be permitted which does not conform to the dimensional controls set forth herein except in the MU district where up to thirty (30) percent of such standards can be waived through granting of a special permit. (Ord. of 10-11-84, § 14) 5.2 Schedule of Dimensional Controls Districts,Minimum Lot Dimensions (1),,Minimum Yard (2),Depths,,Maximum Height (3),Maximum Lot Coverage (4),Maximum Floor Area Ratio (5),Minimum Buildable (6),Area ,Area (sq. ft.),Frontage (ft.),Front (ft.),Side (ft.),Rear (ft.),(ft.),,,Width (ft.),Depth (ft.) R-1,,,,,,,,,, Single Family,""20,000"",125,25,20,35,30,25%,--,60,40 R-1A,,,,,,,,,, Single Family,""15,000"",125,20,15,35,30,30%,--,60,40 R-1B,,,,,,,,,, Single Family,""10,000"",100,25,20,35,30,30%,--,50,35 R-2,,,,,,,,,, One-Family,""5,000"",50,15,10,35,30,35%,--,25,35 Two-Family,""7,500"",50,15,10,35,30,35%,--,25,35 R-3 Districts,Minimum Lot Dimensions (1),,Minimum Yard (2),Depths,,Maximum Height (3),Maximum Lot Coverage (4),Maximum Floor Area Ratio (5),Minimum Buildable (6),Area ,Area (sq. ft.),Frontage (ft.),Front (ft.),Side (ft.),Rear (ft.),(ft.),,,Width (ft.),Depth (ft.) Multiple Family Residence,""10,000 or 1,500 s.f."",60,20,10,35,35,20%,.2,30,20 R-4 Districts,Minimum Lot Dimensions (1),,Minimum Yard (2),Depths,,Maximum Height (3),Maximum Lot Coverage (4),Maximum Floor Area Ratio (5),Minimum Buildable (6),Area ,Area (sq. ft.),Frontage (ft.),Front (ft.),Side (ft.),Rear (ft.),(ft.),,,Width (ft.),Depth (ft.) Multiple Family Residence,""30,000 or 750 s.f. Per bedroom Whichever is greater"",75,20,15,35,50,35%,1.6,35,25 R-5 Districts,Minimum Lot Dimensions (1),,Minimum Yard (2),Depths,,Maximum Height (3),Maximum Lot Coverage (4),Maximum Floor Area Ratio (5),Minimum Buildable (6),Area ,Area (sq. ft.),Frontage (ft.),Front (ft.),Side (ft.),Rear (ft.),(ft.),,,Width (ft.),Depth (ft.) Multiple Family,20 ac.,none,25,25,25,35,35%,--,, PRD,,,,,,,,,, Single Story,5 ac. (e),none,15,10,25,20,35%,--,, Multi-Story,5 ac., How many zoning districts, including overlays, are in the municipality? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] 24" "[INST] Context: SECTION 2000. DISTRICTS 2100. ESTABLISHMENT. For the purpose of this Bylaw, the Town of Pepperell is divided into the types of zoning districts set forth below: Rural Residence RR Town Residence TR Recreational Residence RCR Suburban Residence SR Urban Residence UR Commercial C Industrial I 2200. OVERLAY DISTRICTS. In addition, the following overlay districts are also hereby established in Section 8000: Mixed-Use MUOD Sewer District SD Water Resource Protection WRPOD Wireless Communications WCOD 2300. MAP. The location and boundaries of the zoning districts and any special districts are established as shown on a map entitled ""Town of Pepperell Official Zoning Map"" dated 5/3/10. The districts are, as defined or delineated by this map and may be additionally described in written addendums to the map. Both the map and any written addendum are on file in the Office of the Town Clerk and the Office of the Board of Selectmen. The map, including all explanatory legend and memoranda thereupon or attached thereto (i.e. the addendum) is hereby declared to constitute the Official Zoning Map of the Town of Pepperell. Any alteration in the location of the boundaries of a zoning district or special district hereafter approved by Town Meeting, and subsequently the Attorney General, shall be reflected in a corresponding alteration of the Map (including any addendum), and the Map, thus altered, is declared to be part of the Bylaw thus amended. Direct photographic reproductions of this Zoning Map may serve as copies of the Zoning Map.1 2310. Rules for interpretation of zoning district boundaries. Where uncertainties exist as to the boundaries of districts as shown on the Official Zoning Map the following shall apply: 2311. Where the boundary lines are shown upon the Map within the side lines of pu effective date of this section, lying within the Sewer District and having legal access to the sewers of the Town of Pepperell, shall connect to the municipal sewer system by a sufficient drain, prior to any use or occupancy thereof. All single family residences existing at the effective date of this section shall be allowed access to the municipal sewer system. Any single family residence existing at the effective date of this section which is outside the Sewer District but directly abutting a parcel within the Sewer District may be allowed access to the municipal sewer system through proof of demonstrated hardship circumstances and by the permission of the Board of Public Works. No other properties outside the Sewer District shall be allowed access to the municipal sewer system. 8450. Authority. The Board of Public Works shall be the enforcement authority of the Sewer District. All connections to the municipal sewer system shall be directed as defined by the Sewer Division of the Department of Public Works. 8500. MIXED USE OVERLAY DISTRICT 8500. Purpose. The Mixed Use Overlay District (sometimes referred to herein as a ""MUOD""), allows by Special Permit from the Planning Board an alternative pattern of land development to the pattern normally permitted in the underlying District(s). A Mixed Use District Overlay shall be permitted by Special Permit in the Commercial or Industrial Districts provided the area to be so designated shall have at least five (5) acres (inclusive of wetlands). It is intended to create mixed commercial, residential, and open space areas, called Mixed Use Developments (sometimes referred to herein as MUD""), where the visual and physical dominance of the automobile is made secondary to pedestrian needs; to encourage pedestrian activity by creating a pleasant, rich and diverse experience for pedestrians; to reduce traffic congestion and air pollution by providing opportunities for retail services, housing and employment in close proximity; and to encourage the sharing of parking lots and driveway curb cuts, minimizing the amount of paved par low, all uses permitted in a Commercial District shall be eligible for consideration as part of a MUD. In addition to the foregoing, the following types of uses shall be eligible for consideration as part of a MUD: 8531. Multifamily Dwellings - defined as a structure or structures containing three or more residential units. 8532. Municipal Facilities - defined as facilities owned or operated by the Town of Pepperell. 8533. Underground and Above Ground Utilities 8534. Parking Facility - defined as a structure or structures permitting above ground or below grade parking including parking at or below grade under a building. 8535. Prohibited Uses. a. Notwithstanding the foregoing, the following uses shall be expressly PROHIBITED in the Mixed Use Overlay District: b. Motor vehicle sales and rental c. Motor vehicle light service d. Motor vehicle general and body repair e. Car Wash f. Commercial Kennel g. Flea Market h. Drive through service for fast food establishments 8540. Density. 8541. Business Professional Office or Retail uses shall comprise a minimum of 10% of the floor area of permitted uses in a MUD. 8550. Dimensional Requirements. The dimensional requirements below shall apply to the Mixed Use Overlay District: 8551. Minimum contiguous area required for a Mixed Use Overlay District shall be five (5) acres. A Mixed Use Overlay District shall consist of one or more lots. 8552. Minimum lot frontage shall be 100 feet for lots within the Mixed Use Overlay District. 8553. Minimum lot width shall be 100 feet for lots within the Mixed Use Overlay District. 8554. The minimum front yard for lots within the Mixed Use Overlay District shall be 30 feet. 8555. The minimum Side Yard and Rear Yard for lots within the Mixed Use Overlay District shall be as set forth in Section 4140 of the Bylaw for the underlying zoning district. 8556. There shall also be at least 15 feet separation between any two structures in the MUD and the areas behind and between all structures shall be clear and accessible to the Town's fire suppression vehicl es. G. The location and total number of all existing and proposed permanent monuments marking streets and ways within the subdivision and/or marking the four major corners of each lot. H. Data to determine the location of every lot line and boundary line, sufficient to locate these lines on the ground, using permanent bounds; direction, using bearings to the nearest second; length, to the nearest one hundredths foot; and the areas of the lots shown on the plan to the nearest square foot, with lot numbers shown enclosed in a circle. The building envelope as defined by the appropriate zoning offsets, and the lot shape factor, in accordance with zoning by-law, shall be shown for each new lot. I. Certification as to the frontage and area of any remaining adjoining land either owned by the applicant or shown in a cited subdivision plan of record. J. Notice of any special permits and/or variances issued as to land or buildings thereon. K. A statement inscribed on the plan certified by a registered land surveyor or registered professional engineer that each lot meets Pepperell zoning requirements or that the area and frontage of the lots have been approved in a special permit for cluster development with the special permit identification number and certification that each lot proposed for building contains thirty thousand (30,000) contiguous square feet of area, exclusive of wetland and flood hazard areas. If the property is in one of the three Water Resource Protection Overlay Districts (WRPOD), a certification must also be included stating the lot contains the appropriate dry area excluding surface waters and flood hazard areas as defined Section 8100 of the Zoning By-law. No plan of a subdivision shall be approved unless all of the lots shown comply with the Zoning By-law. L. A locus plan showing the area described in subsection 4.3.1.A subdivided as shown with all lots and streets on a scale identical to the scale of the appropriate Pepperell Assessors' map(s). M. All existing drainag CASE NO. 3381 TOWN MEETING HELD 5/2/05 ZONING MAP AMENDMENT ARTICLE 14 By: Board of Public Works SEWER OVERLAY DISTRICT To see if the Town will vote to amend the Official Zoning Map of the Town of Pepperell by adding a Sewer Overlay District, as delineated on a map entitled ""Proposed Sewer District Overlay Map"" dated March 22, 2005 and drawn by R.E. Lee, Town Engineer (being a further revision of a map dated June 2002, and revised March 2003, prepared by Earth Tech, 196 Baker St., Concord), copies of which are on file with the Town Engineer and the Board of Selectmen; **Webmasters Note: The previous portion of Article 14 amends the zoning map which can be viewed at the zoning map link of the town page. How many zoning districts, including overlays, are in the municipality? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] 11" "[INST] Context: , 1987.) OVERLAY DISTRICT - A set of zoning requirements that are described in the ordinance text, mapped and imposed in addition to those of the underlying district, or do or act in any manner relative thereto. (Amended at Annual Town Meeting, 1989.) PARKING, ACCESSORY - Parking on the same lot as the principal use, to service that use only. PARKING, BUSINESS - Parking for the use of employees, customers or visitors of any non-residential activity, when not located on the same lot as the activity it serves, including the parking of up to three commercial vehicles. PARKING, PRIVATE - Accessory parking, not including parking of more than one commercial vehicle, for vehicles of over two-ton load capacity, or of more than one vehicle for fee. PARKING, PUBLIC - Parking of non-commercial vehicles for fee, whether enclosed or not. PHILANTHROPIC INSTITUTION - An endowed or charitably-supported nonprofit religious or non-sectarian activity maintained for public or semi-public use. PORCH, COVERED - Part of a structure having a roof and floor either with or without enclosing walls or windows. PORTABLE SIGN - A wheeled or movable vehicle or fixture, its primary intent being relocation from one place to another with a varying message display. A so-called Rent-A-Sign. PRINTING SHOP - Premises used for reproduction services, including commercial printers, periodical printing, blueprinting, composition, and binding. PUBLIC UTILITY - Utility licensed by the Department of Public Works. PUBLIC UTILITY SERVICE AREA - An area used for bulk storage, exposed equipment, or truck parking. RADIO TRANSMISSION - Premises used for the commercial transmission of radio or television, not including studios. RECHARGE AREA - Any area of porous, permeable geologic deposits, especially, but not exclusively, deposits of stratified sand and gravel, through which water from any source drains into an aquifer, and includes any wetland of body of surface water surrounded by or adjacent to such are ice, including copies of any plans, of cases where land that has been previously divided within the calendar year, is having additional lots being created within the same calendar year. E. Applicability, Effect and Definitions (a) For the purpose of this section, a calendar year will run from January 1st of a given year to January 1st of a following year. (b) For the purpose of this section, percentage shall be rounded to the nearest whole number. (c) For the purpose of this section, the following terms shall have the following meanings: (1) DEVELOPMENT shall mean a single parcel or set of contiguous parcels of land held in common ownership at any time on or after the date of adoption of this section, for which one or more building permits will be sought. (2) PHASE DEVELOPMENT SCHEDULE shall mean a schedule authorized by the Planning Board in accordance with Subsection F of this section. F. Phase Development Schedule For lots created through the division of land, of five (5) lots or greater, the Building Inspector shall only issue building permits (and other associated permits) for construction of new residential dwellings in accordance with the following phase development schedule: Number of Lots Building Permits issued per year Conventional Subdivision Development 5-19 up to 5 lots 20% of total 20 + Residential Cluster Development 5-19 up to 10 lots 20 + 25% total 2.15 Senior Village Overlay District A. Purpose A Senior Housing Development (SHD), as approved by the Special Permit Granting Authority (Planning Board ), is intended to provide a type of housing which reduces residents' burdens of property maintenance and which reduces demands on municipal services; to promote flexibility in land use planning in order to improve site layouts; to protect natural features and environmental values of land; and to utilize land in harmony with neighboring properties; encourage creative and innovative site planning and design in order to enhance the attractiveness and suitability of smaller homes as a prefer FLOODPLAIN DISTRICT OVERLAY MAP , , , , (ii) (II FOXDOROUGH WATERSHED PROTECTION OVERLAY DISTRICT ,RABEIT POND,""Article 12 Special Town Meeting June 9, 1999"" HANKINS ST.,WRENTHAM LAKE APPROVED Ayamay General's Office By: Data: 10/21/99 NORTH Art. Term Meeting Date 6/9/99 12,""A TRUE COPY, Kareen Sandland KATHLEEN M. TOWN CLERK august 12, WATERSHED PROTECTION OVERLAY DISTRICT"" ,""WATERSHED PROTECTION 0 1000 2000 3000 ZONING ,"",OVERLAY DISTRICT MAP SECTION TWO - USE AND INTENSITY REGULATIONS 2.1 Districts The Town of Plainville is hereby divided into the following types of districts: RA - Single Family Residential District RB - Single Family Residential District RC - General Residential District RD - General Residential District CA - Shopping Center Commercial District CB - General Commercial District CC - Roadside Commercial District CD - Industrial District (Amended by adding A.T.M. June 7, 1999) CI - Commercial Interchange District (Amended by adding S.T.M. 11/17/97) IA - Special Industrial District IB - Limited Industrial District IC - Controlled Industrial District WPD - Watershed Protection District FPD - Flood Plain District (Amended at Special Town Meeting, October, 1990) 2.2 Zoning Map Said districts are located and bounded as shown on a map entitled ""Zoning Map"" dated March 1964 revised April 1978 and further revised in June 1999 on file in the office of the Town Clerk. The Zoning Map, with all explanatory matter thereon, is hereby made part of this By-Law. (amended Special Town Meeting June 9, 1999) 2.3 District Boundaries The location of the boundary lines of the districts shown on the Zoning Map shall be determined as follows: A. Where the district boundary is indicated as approximately following a street line or power easement, it is the center line of the street or power easement. B. Where the district boundary is indicated as approximately following a lot line, it is the lot line. C. Where the district boundary is indicated as approximately following a railroad line, it is at one boundary of the railroad right of way. D. Where the district boundary is indicated as approximately parallel to a street line or railroad line, it is parallel to the center line of the street or railroad and at the distance in feet from the street line or railroad right of way indicated on the Zoning Map; such distance being measured at right angles to such street lines unless otherwise indicated. E. Where the district boundary is indicated as approximately perpendicular to a street line, it is either perpendicular or radial unless marked otherwise. F. Where the district boundar ndicated. E. Where the district boundary is indicated as approximately perpendicular to a street line, it is either perpendicular or radial unless marked otherwise. F. Where the district boundary is indicated as approximately following a stream, it is the center line of the stream. G. Where no other means of determination are possible, boundaries shall be determined by use of the scale on the Zoning Map. 2.4 Lots in Two Districts Where a district boundary zoning line divides any lot existing at the time such line is adopted, the zoning regulations applicable to each portion of the divided lot shall extend not more than thirty feet into the other portion of the same divided lot. 2.5 Lot Requirements 2.5.1 Lot Size and Shape Except as may be authorized by exemption, exception, special permit or variance, no lot on which a building is located in any district shall be reduced or changed in size or shape so that the lot fails to conform to the intensity of use schedule, except when a portion of the lot is taken or conveyed for any public purpose. 2.5.1.1 Lot Width The lot width requirement shall be maintained to the rear building line of each lot. (Amended at Annual Town Meeting, 1988) 2.5.2 Buildings, Pads, and Premises No building shall be erected or used or premises used, except in conformity with the Intensity of Use Schedule (Section 2.8) or Section 3.15 (Commercial Interchange District). No more than one principal building shall be erected or used on any one lot in the RA, RB, or RC zoning districts unless part of an approved Cluster Residential Subdivision approved in accordance with Section 2.13.0. Multi-building developments in the RD District or any Commercial or Industrial District (except the CI- Commercial Interchange District, in which use and development is subject to Section 3.15) on a single lot shall be subject to a Development Permit and Site Plan Review as provided in Section 1.3.2 and Section 3.13, and to any other Special Permit or approval required under this By-law. 2.5.3 Yards and Open Space No part of any yard or other open space required for the purpose of complying with the provisions of this By-Law shall be counted as part o How many zoning districts, including overlays, are in the municipality? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] 15" "[INST] Context: Section 206 District Boundary Interpretation The Board of Appeals shall have the authority to interpret district boundaries where there is some question in interpretation of the rules in Section 400.03, or where boundaries oil the ground are unclear or at variance with those on the Official Zoning Maps. Section 207 Building Permit Limitations A) Limitations. When the total number of building permits issued for new dwelling units located within the RR, R-40, R-25, R-20SL, R-20MD and R-20MF Zoning Districts exceeds 185 in any calendar year, excluding those building permits listed in Section B, no additional permits shall be issued within these districts for new dwelling units, except as provided in Section B. No more than 45 such building permits shall be issued in any calendar year for new dwelling units either for land shown on a plan of record as of April 6, 1999 or for any land in the same ownership as of April 6, 1999, even though ownership may have been transferred subsequent to said date. The Building Commissioner shall process applications for such building permits in chronological order determined by the date upon which the Commissioner receives each complete application. As each complete application is received, it shall be assigned a number in chronological order. B) I ""Exempt Units"" (units not counting toward limitations) Not withstanding Section A, building permits for the following new dwelling units located within the foregoing districts shall not count toward the foregoing limitations: 1. Units defined in Section 102 as Elderly household; 2. Units within an Open Space Mixed Use Development (OSMUD); 3. Units on lots on a plan endorsed prior to April 6, 1999 by the Planning Board as ""Approval Under the Subdivision Control Law Not Required"", by virtue of M.G.L. Chapter 40A, Section 6 (6th paragraph), for three years from the date of such endorsement; 4. Units with he Planning Board as ""Approval Under the Subdivision Control Law Not Required"", by virtue of M.G.L. Chapter 40A, Section 6 (6th paragraph), for three years from the date of such endorsement; 4. Units within a Rural Density Development, if: A) The parcel on which such units are located is permanently restricted to a density of no more than one-half of the maximum density achievable under applicable bylaws and regulations; and B) The applicant submits plans or other pertinent documentation to demonstrate the maximum number of units achievable on said lot; 5. Units within a development (""Low Density Development""), defined as one in which: A) The parcel on which such units are located is permanently restricted to a density of no more than one-third of the maximum density achievable under applicable bylaws and regulations; and B) The applicant submits plans or other pertinent documentation to demonstrate the maximum number of units achievable on said lot. C) ""Protected Units"" (units counting toward Limitations) Building permits for the following new dwelling units located within the foregoing.districts shall count toward the foregoing limitation: 1. Units on lots on a plan endorsed by the Planning Board as ""Approval Under the Subdivision Control Law Required"", if grandfathered from these limitations by virtue of. M.G.L. Chapter 40A, Section 6 (7th paragraph), for eight years from the date of such; endorsement. D) Sunset Provision This section shall be effective as of April 10, 2002 and shall continue until the final adjournment of the 2005 Annual Town Meeting, unless sooner MINIMUM AREA District,Minimum Area,Minimum Frontage RR,250 acres,200 feet R-40,100 acres,150 feet R-25,40 acres,110 feet Other dimensional requirements for a single-family dwelling or an NR use within an RD as follows: Min.Lot Size,Min.Lot Width,Min.Front Yard,Min.Side Yard,Min.Rear Yard ""6,000"",60',20',10',10' Other dimensional requirements for a single-family dwelling or all NR use within an RD as follows: Other dimensional requirements for multi-family structures shall be governed by the provisions of Section 401.08, except that no more than twenty-five percent (25%) of the units within an RD may be multi-family, and all such units must be of a townhouse type with separate entrances and with a maximum of eight (8) attached units per building. In calculating intensity of use and allocation of recreational areas, the following standards shall be used: 1. NR uses shall be subtracted from the. total land area before calculating residential densities. 2. Land or water areas contained in flood hazard areas designated as Zones A, A1-30, and B as defined in Section 401.08B shall be subtracted from the total land area before calculating densities. 3. Areas which are considered by the Planning Board as marginal or unsuitable for building such as Flood Plains, inaccessible wetlands and water areas, steep slopes (25 % or greater), highly erodible or poorly drained areas, areas of very shallow bedrock or of very high water table shall, as a general rule, be included in the recreational area. 4. Roads should be subtracted from total area in determining not densities. For preliminary and general planning purposes, roads may be established as fifteen (15 %) percent of total area. For definitive plans, all lot sizes and densities as specified herein shall be net figures with rights-of-way for streets figured exactly. In calculating intensity of use and allocation of recreational areas, the following standards shall be used: 5. Except when the provisions of Transfer of Development Rights are utilized, the total number of dwelling units in an RD shall be no gr established in specified zones by special permit, provided that all proposed PUD'S shall comply with all requirements prescribed herein and with the standards of environmental design review. Table 3 prescribes type of PUD, minimum. size, maximum overall density, and minimum lot size allowed in each zone. Table 4 prescribes intensity of use and dimensional requirements Within the maximum density or intensity of use requirements, any combination of authorized uses may be permitted in accordance with other planning and design principles prescribed hereinafter. Where land falls in two or more zoning districts, overall density shall not exceed the total of densities allowed in each district, provided that portions of the development in different districts shall generally follow the respective intensity regulations intended for each district. In calculating intensity of use and allocation of open space, the following procedures shall be used: A) Non-residential land uses shall be subtracted from the total land area before calculating residential densities. B) Water areas or inaccessible wetland areas which are greater than one (1) acre in area or seventy-five (75) feet in least dimension shall be subtracted from the total land area before calculating densities, except that twenty-five (25) percent of such areas greater than one (1) acre but smaller than (10) acres may be counted as part of the common open space under ""D"". C) Roads shall be subtracted from total area in determining net densities. For preliminary and general planning purposes, roads may be estimated as fifteen (15) percent of total area. For definitive plans of areas, all lot sizes and densities of clusters as specified in Table 4 shall be net figures with rights-of-way for streets figured exactly. D) Areas which are considered by the Board of Appeals as marginal or unsuitable for bu 7 ""100,000"",17%,13 ""120,000"",100%, For all other subdivisions the following phasing schedule shall apply such schedule may vary as provided for in paragraph 3. Density/Sq. Ft.,Percent/Year,Units/Year ""120,000"",12.5%,10 3. Phasing Schedule - Permits shall be issued here under in a manner consistent with a schedule approved by the Planning Board and recorded with the approved subdivision plan. The Planning Board may vote to authorize two times the number of units per year specified above: Provided that 50% of the units in the development are age restricted by deed to at least one occupant that is 55 years or older. The Board may authorize one and one-half times the number of units provided that 25% of the units have such an age restriction. 4. Density - For the purposes of this section density shall be calculated upon the total land less that portion to be used for road rights-of-way and less those portions contained in flood hazard areas designated as Zones A, Al-30, and B as defined in Section 401.18B. Land intended to be set aside to achieve a required density may be included in larger individual lots or as a separate open space parcel and shall be protected from development by means of a covenant in perpetuity to be recorded with the approved subdivision plan or, if the land is to be developed under a Master Plan and Phased Special Permit, with the special permit for a phase under the Master Plan. It is specifically provided that lots may be created of area and dimension otherwise referenced in the Zoning District (Table 5). D. Property Tax Relief Any property owner who has been denied building permits under the phasing requirements of this section may appeal to the Board of Assessor's in conformity with Chapter 59, Section 59, Massachusetts General Laws Annotated, for a determination as to the extent to which such temporary restriction on the use of such land may affect the assessed valuation placed on such land. **Webmasters Note: The previous section has been amende How many zoning districts, including overlays, are in the municipality? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] I don't know" "[INST] Context: ARTICLE III. Establishment of Districts § 415-3. Districts. The Town of Rockland is hereby divided into the following districts: A. R-1 Residence; B. R-2 Residence; C. R-3 Residence; D. R-4 Residence; E. RSH-1 Residential Senior Housing. [Added 5-12-2003 ATM, Art. 8] F. B-1 Business; G. B-2 Business; H. I-1 Limited Industrial; I. I-2 Industrial Park; J. I-3 Industrial/Business; [Added 6-6-1994 ATM, Art. 80] K. I-4 Industrial/Business; [Added 5-19-1997 ATM, Art. 64] L. H-1 Industrial Park-Hotel District; [Added 5-13-2002 ATM, Art. 36] M. Wireless Communication Services District; [Added 5-5-2008 ATM, Art. 42] N. WPD Watershed Protection District. § 415-4. Zoning Map. The boundaries of the districts enumerated above are established as shown and defined on the Zoning District Map, adopted and included herewith. The official Zoning District Map, including all amendments, is on file with the Clerk of the Town of Rockland. § 415-5. Interpretation of boundaries. A. The district boundary lines are intended to follow municipal boundary lines, railroad rights-of-way, existing lot lines and the center lines of streets, all as shown on the Zoning District Map. Where a district boundary line does not follow such a line, its position is shown by specific dimension expressing its distance in feet from an existing street line or other boundary line as indicated. B. Where a district boundary line divides a lot existing at the time such line is adopted, the regulations applying to the portion of such lot in the less restricted district may be considered as extending not more than 30 feet into the more restricted portion, but only if the lot has frontage on a street in the less restricted district. The provision shall not be used to diminish the buffer zone (rear yard dimensions) requirements between residential and non-residential districts as contained in § 415-22. § 415-6. Intent of classifications. Zoning district classifications have been based on the ""Clustered Growth Plan Concept"" of development, set forth in the Town's Plann § 415-13. Business I Zoning District. A. The Business I District shall have the following schedule of uses: (1) Permitted principal uses: (a) Retail businesses and commercial uses commonly associated with neighborhood and community shopping areas, such as: [1] Grocery stores, food specialty shops, and supermarkets. [2] Drugstores. [3] Hardware stores. [4] Apparel stores. [5] General department stores. [6] Appliance, home decorating and furniture stores. [7] Book and stationery stores. [8] Photographic studios and art galleries. (b) Personal and business service establishments such as: [1] Banks. [2] Professional and administrative offices and office buildings. [3] Medical/dental clinics. [4] Barber and beauty shops. [5] Laundry and drycleaning establishments. [6] Repair shops for shoes, watches, clocks, appliances, and similar uses. (c) Eating establishments. (d) Churches and other houses of worship. (e) Public parks. (f) Governmental and/or public institutional uses. (g) Private clubs. (h) Funeral homes. (i) Multi-family residences, except on or below street level floors. (2) Accessory uses: (a) Parking. (b) Other uses customarily accessory to the permitted principal uses. (3) Uses requiring special permit: (a) Automobile service stations and repair shops. (b) Eating and/or drinking establishments where alcoholic beverages are served. (c) Liquor stores. (d) Essential public utility facilities. (e) Automobile agencies. (f) Tractor, trailer and boat sales establishments. (g) Building supply stores. (h) Television and radio broadcast facilities. (i) Hospitals. (j) Shopping centers. (k) Residential Commercial Care Facilities. (l) Drive through/drive-up windows. Drive through or drive-up windows for any use which is otherwise allowed in the zoning district shall only be allowed by special permit from the Zoning Board of Appeals. [Adde (7) Private clubs. (8) Funeral homes. (9) Theatres and Bowling Alleys. (10) Nurseries for flowers and plants. B. Accessory uses: (1) Parking. (2) Other uses customarily accessory to the permitted principal uses. C. Uses requiring special permit: (1) Automobile service stations and repair shops. (2) Eating and/or drinking establishments where alcoholic beverages are served. (3) Liquor stores. (4) Essential public utility facilities. (5) Automobile agencies. (6) Tractor, trailer and boat sales establishments. (7) Building supply stores. (8) Television and radio broadcast facilities. (9) Hospitals. (10) Shopping centers. (11) Residential Commercial Care Facilities. (12) Tattoo and body piercing parlor provided that the parlors are licensed by the applicable state and/or local licensing authority. Further that no such parlor shall display any photographs drawings or other depictions of tattoos or body piercing on signs in the windows of or on the exterior of any such establishment. Any application for special permit shall be subject to the Performance Standards of Article X of this bylaw. [Amended 5-14-2001 ATM, Art. 46] (13) Drive through/drive-up windows. Drive through or drive-up windows for any use which is otherwise allowed in the zoning district shall only be allowed by special permit from the Zoning Board of Appeals. [Added 5-12-2003 ATM, Art. 46] (14) Video and Electronic Amusement halls. (15) Pool Halls. (16) Miniature Golf. (17) Roller Skating Rinks. (18) Tennis/Racquet Ball Facilities. (19) Multi-Family Development. [Amended 5-12-2003 ATM, Arts. 49 and 50] § 415-15. I-1 Limited Industrial Zoning District. A. Permitted principal uses: (1) Professional, administrative offices and office buildings. (2) Banks. (3) Public utility facilities. (4) Warehouses and wholesale and retail distribution centers, including offices and showrooms. (5) Art gallery, photography studio, art framing shop, antique shop [Added 6-6-1994 ATM, l) Drive through/drive-up windows. Drive through or drive-up windows for any use which is otherwise allowed in the zoning district shall only be allowed by special permit from the Zoning Board of Appeals. [Added 5-12-2003 ATM, Art. 46] (m) Bowling alleys. (n) Video and Electronic Amusement halls. (o) Pool Halls. (p) Miniature Golf. (q) Roller Skating Rinks. (r) Tennis/Racquet Ball Facilities. [Amended 5-12-2003 ATM, Art. 49] B. The Business I District shall include that section of Town presently zoned as Business situated along the westerly side of Union Street from a point approximately 200 feet south of Rice Avenue to a point approximately 200 feet north of Payson Avenue; and along the easterly side of Union Street from a point at the northerly intersection of Exchange Street to a point approximately 100 feet north of Vernon Street. § 415-14. Business II Zoning District. A. Permitted principal uses: (1) Retail business and commercial uses commonly associated with neighborhood and community shopping areas such as: (a) Grocery stores, food specialty stores and supermarkets. (b) Drugstores. (c) Hardware stores. (d) Apparel stores. (e) General department stores. (f) Appliance, home decorating and furniture stores. (g) Book and stationery stores. (h) Photographic studios and art galleries. (2) Personal and business service establishments such as: (a) Banks. (b) Professional and administrative offices and office buildings. (c) Medical/dental clinics. (d) Barber and beauty shops. (e) Laundry and drycleaning establishments. (f) Repair shops for shoes, watches, clocks, appliances, and similar uses. (3) Eating establishments. (4) Churches and other houses of worship. (5) Public parks. (6) Governmental and/or public institutional uses. (7) Private clubs. (8) Funeral homes. (9) Theatres and Bowling Alleys. (10) Nurseries for flowers and plants. B. Accessory uses: (1) Parking. (2) Other uses customarily accessory to the perm (d) Any permit granted thereunder shall contain a condition that prohibits the presence of persons under the age of 18 years on the premises while any persons are nude or partially nude. (6) Manufacturing, assemblage, processing and storage operations that are not offensive by reason of the emission of odor, fumes, dust, smoke, noise and/or vibration, or that would have a negative impact on the environment or conditions within the Town or adjacent towns. [Amended 5-20-1996 ATM, Art. 43] (7) Municipal Facilities, including: police stations, fire stations, libraries, and municipal offices. [Added 5-20-1996 ATM, Arts. 45 and 48] (8) Restaurants and coffee shops. (9) Eating or drinking establishments where alcoholic beverages are served on the premises. (10) Movie Theaters. [Amended 5-17-1999 ATM, Art. 36] (11) Telecommunication towers. (12) Tattoo and body piercing parlor provided that the parlors are licensed by the applicable state and/or local licensing authority. Further that no such parlor shall display any photographs drawings or other depictions of tattoos or body piercing on signs in the windows of or on the exterior of any such establishment. Any application for special permit shall be subject to the Performance Standards of Article X of this bylaw. [Amended 5-14-2001 ATM, Art. 46] (13) Livery Business, Taxi Services, Limousine Services and any similar transportation services. [Amended 5-13-2002 ATM, Art. 42] (14) Drive through/drive-up windows. Drive through or drive-up windows for any use which is otherwise allowed in the zoning district shall only be allowed by special permit from the Zoning Board of Appeals. [Added 5-12-2003 ATM, Art. 46] (15) Supermarkets and/or other general retail stores shall only be allowed by special permit by the Zoning Board of Appeals. [Added 5-5-2008 ATM, Art. 4] § 415-17. I-3 Industrial/Business Zoning District. A. Permitted principal uses: (1) Professional, administrative offices and office buildings. (2) Warehouse and wholesale and retail distribution centers, including offices and showrooms. (3) Food processing, packing and storage operations. (4) Bottling Plants. (5) Banks. (6) Major Retail Business. B. Accessory uses: (1) Parking. (2) Advertising signs and structures. (3) Sale and service of How many zoning districts, including overlays, are in the municipality? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] 14" "[INST] Context: ZONING ORDINANCE ies within such district shall be controlled by the regulations of the underlying zoning districts, except as hereunder specified. In instances of conflicting requirements, the restrictions listed below shall prevail. (3) The requirements of this section shall not apply to Planned Unit Development (PUD) proposals, or those development proposals which are required to obtain a site plan review special permit. (c) Dimensional and other requirements. The following requirements shall apply to all properties in the Entrance Corridor Overlay Districts: (1) Fences. In order to maintain and maximize aesthetic views and sight lines, all fences along the front and side lot lines shall comply with the following standards: a. No fence along a front or side lot line shall be more than four (4) feet in height, as measured from the curb level of the street, or average grade elevation of the land where the fence is to be located, whichever is deemed appropriate. b. Chainlink and wire fences are prohibited along front and side lot lines. c. Any fence constructed within an Entrance Corridor Overlay District shall require a fence permit issued by the city building department. (2) Curb cuts. Only one (1) curb cut of no greater than twenty-four (24) feet shall be permitted for all residential uses. A maximum of two (2) curb cuts no greater than twenty-four (24) feet each shall be permitted for all commercial uses. (3) Mechanical equipment and refuse storage areas. No refuse storage areas or mechanical equipment areas shall be located in a front yard, nor within twenty-five (25) feet of the front lot line of the side yard. Such areas shall be screened from all public ways, parking areas, residential land uses and open space areas. (4) Parking areas. All parking areas of more than twelve (12) spaces shall be arranged and landscaped to properly screen vehicles from adjacent properties and streets. The requirements for such landscaping are as follows: a. Landscaping shall include one (1) tree of three and one-half-inch to four-inch caliper for each three (3) parking spaces. T ed districts after holding a public hearing. k. Notwithstanding anything in these zoning regulations to the contrary, sales of individual dwelling units in multifamily dwellings or otherwise, constituting townhouses, row houses or attached houses or the like, may be made without compliance with the residential density regulations appearing in this ordinance, excepting only that a minimum lot area of each dwelling unit shall be one thousand (1,000) feet. (6) Notwithstanding the ""specifically excluded"" list of uses specified in paragraphs (b) and (c) of this section, certain other uses will be allowed by special permit for certain multifamily complexes. Therefore, multifamily (apartment) buildings and developments complying with the following basic minimum requirements may have the hereinafter permissive special permit uses built and occupied as part of the development: a. The hereinafter listed special permit uses may be built and occupied by a special permit issued by the board of appeals as required by section 9-4 hereof. The basic minimum requirement shall not be changed. If any change in the basic requirement is made, the special permit use shall cease forthwith. The basic requirements are: 1. There shall be a minimum of one hundred fifty (150) dwelling units in the building or buildings. 2. The ownership title to all buildings and all land shall be held in a single ownership, either by a corporation or an individual. 3. All multifamily buildings shall be built and so located that no other type of building except a multifamily dwelling shall occupy any part of the land or development. 4. The area occupied by all businesses permitted by the special permit uses shall be within a multifamily dwelling or may be in an ell or wing, providing the ell is more or less attached to the main building. 5. The areas required for such special permit occupancy shall be predetermined so as to prevent locating such businesses in a haphazard manner. It is the intention of this provision to concentrate the business into one (1) general area to create a ""local business area"" with TABLE OF ZONING MAP AMENDMENTS Ordinance Number,Adoption Date,Description 218,8-27-65,Zoning ordinance and map adopted 689,9. 2-69,Major revisions to zoning ordinance and map 709-B,8- 1-72,Central Development District B-5 903,12- 3-74,Ward 7: From R-1 and R-C to R-3 Districts 611,9-15-76,Derby Street change: From B-4 District to B-5 733,11-9-76,Northey Street change: From I District to R-2 347,5-20-77,Derby and Congress Streets (Pickering property): From B-4 District to B-5 417,6-17-85,Business Park Development District map change 306-A,7- 1-85,Central Business District map change 1157,1-14-93,An area in Ward 1: From R-1 District to I 979A,12-10-94,An area in Ward 3: From R2 District to I 772,3-17-03,An area in Ward 3: From B-2 District to R-3 598,12-21-04,Business Park Development District map change ,2- 1-05,""Chestnut Street, between Flint and Summer Streets: From R-2 District to R-1"" ,9-14-05,Central Development District B-5; extended to include property at 50 St. Peter Street ,4-13-06,""Endicott School property at 110 Boston Street, from a combination of R-2 and B-2 to a combination of R-3 and B-2."" ,9-13-07,Rezone real property on Clark Avenue from Industrial District to Residential-1 (R-1). RULES AND REGULATIONS GOVERNING THE SUBDIVISION OF LAND Sec. 7-20. Conservation Overlay District. (a) Purpose. The purpose of the Conservation Overlay District is to augment underlying zoning regulations in designated areas in order to: (1) Promote conservation of soil, water, plants and natural resource areas; (2) Protect and enhance habitat and wildlife; (3) Preserve historic open space, passive recreation, and nature study areas within the community; (4) Prevent soil and groundwater pollution; (5) Foster more effective environmental protection; (6) Ensure that such areas are improved in a manner which is in the best interest of the City. (b) Applicability. (1) The Conservation Overlay District shall be established along the areas designated on the zoning map. The boundaries of the overlay shall be interpreted as following the boundaries of Highland Park. (2) Properties within such district shall be controlled by the regulations of underlying zoning districts, except as specified within this ordinance in instances of conflicting requirements, the restrictions listed below shall prevail. (3) The requirements of this section shall not apply to work performed to maintain or repair the existing uses within Highland Park. (c) Uses and Other Requirements. In addition to the general purposes recited above in subsection (a), the Conservation Overlay District is intended to protect Salem's last remaining acreage of historic natural resource areas, in particular Highland Park, from the negative effects and intrusion of additional development; to provide for safe, continuous public access to, from and within Highland Park; and to enhance open space within existing greenbelts by means of suitable buffer zones to assure and reclaim reasonable public and visual access to existing natural resource areas. The following requirements shall apply to all properties and uses within the Conservation Overlay District. Unless otherwise exempt pursuant to this subsection, no alteration, addition, construction, reconstruction, or exp How many zoning districts, including overlays, are in the municipality? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] I don't know. " "[INST] Context: boundary of the R-3 district above to the northern boundary of the Shirley Village Business District; thence easterly along said boundary; thence southerly along said boundary to the Fort Devens line; thence northeasterly along the Fort Devens line to the starting point. Phoenix Pond Industrial Area: starting at the intersection of the northern boundary of the Shaker Road R-3 area and Fort Devens; thence following said line northeast, east, northeast, north, and west; thence following the boundary of the Village R-3 district west and south, and R-2 district along Shaker Road to the first R-3 district; thence westerly along the northern boundary of the R-3 district to the starting point. Shirley Village West: starting at the western most boundary of the Shirley Village Business District at its intersection with the railway right-of-way; thence south along said boundary to the northern boundary of the R-3 Catacunemaug-Village area; thence westerly and northerly along said boundary to the railway right-of-way; thence easterly along the right-of-way to the starting point. Leominster Road: starting at the Lunenburg/Shirley town line on the Leominster Road; thence following Leominster Road easterly to the southwest corner of the R-3 district; thence northerly along the western edge of the said R-3 district to its crossing of the railway right-of-way; thence westerly along said right-of-way to the Shirley/Lunenburg town line; thence southerly along said town line to the starting point. Lancaster Road: starting at Lancaster Road on the Shirley/Lancaster town line; thence northerly along Lancaster Road to the R-1 district boundary; thence westerly along said R-1 district boundary for a distance of 608 ft.; thence northerly along said R-1 district a distance of 202 ft., thence westerly along a property line, and its extension, on a straight line to the Shirley/Lunenburg town lines; thence southerly along said town line to the intersection of the Shirley/Lunenburg/Lan14. MIXED-USE ZONING OVERLAY DISTRICT (Added 4-28-03; Revised 6-16-03; Deleted 11-01-05) ses and occupancy of premises in the Town of Shirley are hereby regulated and restricted as hereinafter provided. 1.3 Planning Board Associate Member Per M.G.L. c. 40A, Section 9, the Shirley Planning Board, as it is a Special Permit granting authority, shall have one associate member who shall sit, when necessary, on the Board for the purpose of acting on Special Permit applications. This position will be filled by the general election at the Annual Town Meeting and term shall be for two (2) years. 1.4 Zoning Districts The Town of Shirley is hereby divided into the following classes of districts to be known as: R-R Rural Residential R-1 Residential-1 R-2 Residential-2 R-3 Residential-3 SV Shirley Village Business District NSV North Shirley Village Business District GRW Great Road West Mixed-Use District GRE Great Road East Mixed-Use District LRC Lancaster Road Commercial I Industrial 1.5 Overlay Districts The following overlay districts are hereby established: FP Flood Plain Z1 Water Supply and Wellhead Protection Z2 Water Supply and Wellhead Protection 1.6 Zoning Map (Revised 11-01-05) The location and boundaries of the zoning districts are hereby established as shown on a map entitled, ""Town of Shirley, MA Zoning Map Districts and Town of Shirley, MA Zoning Map Overlay Districts dated November 2005"" which accompanies and is hereby declared to be part of this Bylaw. All explanatory legend and memoranda thereon or attached thereto are hereby declared to be a part of this Bylaw. Any change in the location of boundaries of a zoning district hereafter made through the amendments of this Bylaw shall be indicated by the alteration of such Map, and the Map, thus altered, is declared to be a part o % of internal floor areas or ground coverage, or six hundred square feet, whichever is larger, plot plans shall show existing and approved abutting street grades, the proposed elevation of the top of the foundation of existing and proposed buildings or structures, existing and proposed topography, existing septic disposal systems, private wells, wetland boundary delineations as approved by the Conservation Commission, gas, water and other public utilities in the abutting street and the zoning classification of the abutting properties. Plot plans shall also show such other information as may be necessary to provide for the verification of compliance with the applicable provisions and the enforcement of this Bylaw, including, but not limited to, off street parking, screening and fencing. Plot plans shall be certified by a registered professional engineer or land surveyor. In the event that the information required under this subsection can be determined from the Town's Assessor's maps, the Building Inspector shall have the authority to waive the requirement of a plot plan certified by a professional engineer or land surveyor. A record of all applications, plans, and permits shall be kept on file by the Building Inspector/Zoning Enforcement Officer. 2.7 Lots in Two Towns When a lot in one ownership is situated in part in the Town of Shirley and in part in an adjacent municipality, the provisions of this Bylaw shall be applied to that portion of the lot lying in the Town of Shirley in the same manner as if the entire lot were situated therein. 2.8 Protective Overlay Districts For any lot located in the Water Supply and Wellhead Protection District or the Flood Plain District when the regulations of said district are more restrictive than the regulations of the underlying district, the more restrictive regulations shall apply. 2.9 Rate of Development (Added 9-11-00; Extended 3-21-05) 2.9.1. The purpose of this Section, ""Rate of Development"", is to ensure that growth occurs in an orderly and planned manner; to phase growth so that it will not unduly strain the commu 3.3 R-2 District The purposes of the R-2 District are to provide for traditional residential neighborhoods comprised primarily of single-family and two-family homes, in areas with an established, moderate-density development pattern near goods and services and the Town's main roads. 3.3.1.Use Regulations a. Permitted Uses 1. Detached single-family dwelling 2. One in-law apartment in a single-family dwelling, subject to Section 4.10 3. Two-family detached dwelling, provided its appearance is not significantly different from that of a single-family dwelling 4. Rooming or boarding house for not more than four lodgers 5. Home professional office, home personal service, subject to Section 4.6 6. Home business workshop, subject to Section 4.6 7. Conservation areas, reservations, or wildlife areas 8. On five acres of land or less: Gardens; growing and storing of fruits, berries, vegetables, hay, fodder and ensilage; orchards, wood lots and forestry; or nursery and similar agricultural crop activities 9. Residential accessory uses in accordance with Section 2.5 of this Bylaw 10. Uses permitted in accordance with Section 2.3 of this Bylaw or otherwise exempt from zoning under M.G.L. c.40A Section 3 11. Conversion of an existing single-family dwelling to a two-family dwelling b. Uses Allowed by Special Permit from the Planning Board 1. Low-impact development, subject to Section 4.2A 2. Detached single-family dwelling on a hammerhead lot, subject to Section 4.3 3. Infill residential uses, subject to Section 4.16 4. Assisted living facility or nursing home, or an assisted living facility and nursing home in a single development 5. Conversion of an existing single-family dwelling to a multi-family dwelling of three units 6. Residential accessory uses in accordance with Section 2.5 c. Uses Allowed by Special Permit from the Board of Appeals 1. Cemetery 2. Hospital, medical institution, or historic, philanthropic or charitable institution 3. Public utility 4. Home 4.11. Mining, Quarrying, and Removal of Loam, Sand, and (Revised 10-02-00) Mining and quarrying and the removal of loam, sand, and gravel or other earth products is permitted in all districts only in accordance with permits issued by the Board of Selectmen under Article XI of the Town Bylaws. It is the intention of this Bylaw that the removal of earth materials from any parcel of land for which a preliminary or definitive subdivision plan has been prepared shall be allowed only in the same manner as removal from other parcels of land in the Town. Consequently, tentative or final approval of a subdivision plan by the Planning Board shall not be construed as authorizing the removal of material from the premises, even through in connection with the construction of streets shown on the plan. 4.12 Flood Plain Protection Overlay District (Revised 6-07-10) 4.12.1. Purpose The purposes of the Flood Plain District are to protect the public health, safety, and general welfare, to protect human life and property from the hazards of periodic flooding, to preserve the natural flood control characteristics, and the flood storage capacity of the flood plain, and to preserve and maintain the ground water table and water recharge areas within the flood plain. 4.12.2. District Delineation The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within the Town of Shirley designated as Zone A and AE on the Middlesex County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Middlesex County FIRM that are wholly or partially within the Town of Shirley are panel numbers 25017C0068E, 25017C0069E, 25017C0181E, 25017C0182E, 25017C0183E, 25017C0184E, 25017C0191E, 25017C0192E, 25017C0193E, 25017C0194E, 25017C0203E and 25017C0211E dated June 4, 2010. The exact boundaries of the District may be defined by the 100-year base flood elevations s How many zoning districts, including overlays, are in the municipality? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] 13" "[INST] Context: Table of Dimensional and Density Regulations District,Use,as,(1),(1),,(1) side,TEET,ht Mar.,,,,(6) SR,Any permitted use,""25,000"",110,90,25,20,50,35,2 1/2,35,None,50 SR-A,Any permitted use,""15,000"",100,90,25,15,40,35,2 1/2,35,None,50 SR-B,Any permitted use,""10,000"",80,90,20,12,30,35,2 1/2,35,None,40 UR-A,Townhouse,""7,500 per dwelling unit"",100,90,20,10*,20,35,2 1/2,35,None,35 ,Two-family dwelling,""13,500"",100,90,20,10*,20,35,2 1/2,35,None,35 ,Single-family dwelling,""7,500"",75,90,20,10,20,35,2 1/2,35,None,35 ,Any other permitted use,""10,000"",100,90,20,10,20,35,2 1/2,35,None,35 UR-B,Single-family dwelling,""7,500"",75,90,20,10,15,35,2 1/2,50,None,30 ,""Two(family), multifamily dwelling uses & townhouses"",""7,500 plus 3,000 for each dwelling unit more than one"",100,90,20,10*,15,35,2 1/2,50,None,30 ,Any other permitted use,""10,000"",100,90,20,10*,15,35,2 1/2,50,None,20 UR-C UR-D,""Two(family), multifamily dwelling uses & townhouses"",""6,000 plus 1,250 for each dwelling unit more than one"",100,90,20,10*,15,50,4,50,1,20 ,(Ord. of 5/1/95) Any other permitted use,""7,500"",75,90,20,10,15,50,4,50,1,20 ,Nursing Home (Ord. of 5/1/95),""20,000"",100,90,20,10,15,50,4,50,None,30 District,Use,,,,,,,,,,, BA BA-1,Any permitted use,""5,000*****"",50,90,5,None,None,50,8,None,2.0,5 BB BB-1,Any permitted use,""10,000"",100,90,10,12,15,30,2,60,.75,20 BC,Any permitted use,""5,000*****"",50,90,5,None,None,30,2,None,.75,10 BD,Any permitted use,""5,000"",50,90,15,None,10,80,8,None,2.0,5 ,Nursing Home (Ord. of 5/1/95),""20,000"",100,90,20,10,15,50,4,50,None,30 I,Any permitted use,""20,000"",125,100,30,20,30,50,4,25,2.0,30 One side only for side-by-side two-family dwelling units; outside only for semi-detached row unit. Minimum yard dimensions shall be increased by four feet for each story more than four. Where off-s and authenticated as prescribed in § 235-7. The map thus altered is declared to be part of this chapter thus amended. The Building Commissioner shall be responsible for making changes to the Zoning Map. Such changes shall be made within 14 days of the final approval of amendments. The Zoning Map shall be drawn at a scale of one inch equals 650 feet with ink on stable material and shall be located in the office of the Building Commissioner. Photographic reductions of this large-scale map may serve as copies of the Zoning Map. (Ord. No. 16985C, 11-27-1972) § 235-9. Boundaries of districts. Where any uncertainty exists with respect to the boundary of any district as shown on the Zoning Map, the following rules apply: A. Where a boundary is indicated as a street, alley, railroad, watercourse or other body of water, it shall be construed to be the center line or middle thereof or, where such boundary approximates a City boundary, then to the limits of the City boundary. B. Where a boundary is indicated as following approximately or parallel to a street, railroad, watercourse or other body of water, it shall be construed to be parallel thereto and at such distance therefrom as shown on the Zoning Map. If no dimension is given, such distance shall be determined by the use of the scale shown on the Zoning Map. C. Where a dimensional boundary or the actual property boundary coincides within 10 feet or less with a lot line, the boundary shall be construed to be the lot line. D. Where a boundary is indicated as intersecting the center line of a street, railroad, watercourse or other water body, and unless it is otherwise indicated, it shall be construed to intersect at right angles to said center line or, in the case of a curved center line, to the tangent to the curve at the point of intersection. E. The abbreviation ""PL"" means property line as shown on the City Assessor's Map as in effect at the effective date of this chapter. The abbreviation ""PL,"" when used in conjunction with a subsequent amendment to this chapter, shall mean a property li ARTICLE III, Establishment of Districts § 235-6. Division into districts. The City of Melrose, Massachusetts, is hereby divided into 14 zoning districts to be designated as follows: Full Name,Class,Short Name Suburban Residence,Residential,SR A Suburban Residence,Residential,SR-A B Suburban Residence,Residential,SR-B A Urban Residence,Residential,UR-A B Urban Residence,Residential,UR-B C Urban Residence,Residential,UR-C D Urban Residence,Residential,UR-D General Business,Business,BA General Business,Business,BA-1 Extensive Business,Business,BB Extensive Business,Business,BB-1 Local Business,Business,BC Medical Business,Business,BD Industrial,Industrial,I A. Residential districts, as a group, are herein referred to as ""R"" districts. B. Business districts, as a group, are herein referred to as ""B"" districts. C. Industrial districts, as a group, are herein referred to as ""I"" districts. (Ord. No. 16985C, 11-27-1972) § 235-7. Zoning Map. The location and boundaries of the zoning districts are hereby established as shown on a map titled ""Zoning Map of the City of Melrose, Massachusetts,"" dated November 1972, which accompanies and is hereby declared to be a part of this chapter. The authenticity of the Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk, and the imprinted Seal of the City under the following words: ""This is to certify that this is the Zoning Map of the City of Melrose, Massachusetts, referred to in the Zoning Ordinance of the City of Melrose, Massachusetts, which was adopted by the Board of Aldermen on November 27, 1972."" (Ord. No. 16985C, 11-27-1972) § 235-8. Changes to map. Any change in the location of boundaries of a zoning district hereafter made through the amendments of this chapter shall be indicated by the alteration of such map, such changes to be dated and authenticated as prescribed in § 235-7. The map thus altered is declared to be part of this chapter thus amended. The Building Commissioner shall be responsible for making changes to the Zoning Map. Such c for each 400 sq. ft. of meeting area and restaurant space."" G,"" Other retail, service, finance, insurance, real estate establishment, or adult use. (Ord. of 12/16/96)"",One per each 300 sq. ft. of gross floor space. G-1,""Medical office (including Doctors, Dentists, and Clinics)"",One per each 200 sq. ft. of gross floor area. (Ord. of 5/1/95) H,""Wholesale establishment, warehouse or storage establishment."",One per each 1000 sq. ft. of gross floor space. I,Manufacturing or industrial establishment.,""One per each 600 sq. ft. of gross floor space OR 0.75 per each employee of the combined employment of the two largest successive shifts, whichever is larger."" ,Hospital.,One per each 600 sq. ft. of gross floor area. (Ord. of 5/1/95) Parking Code,Use,Number of Off-street Parking Spaces K,Nursing home.,One per bed at design capacity. L,""Business, trade, or industrial school or college, country clubs."",""One for each 200 sq. ft. of gross floor area in classrooms and other teaching stations, plus space for gymnasium or auditorium, whichever has the larger capacity (Refer to Code D)."" XM,Other school.,""Two per classroom in an elementary & junior high school; four per classroom in a senior high school, plus space for auditorium or gymnasium, whichever has the larger capacity (Refer to Code D)."" N,""Community facility (city building, recreation, etc.)."",One per each 400 sq. ft. of gross floor space. O,Public utility.,One for each 400 sq. ft. of gross floor area devoted to office use. One for each 800 sq. ft. of gross floor area per other use. P,Transportation terminal establishment; home occupation.,One.for.each.600.sq... ft of gross floor area. Q,Mixed use., Sum of various uses computed separately. R,Any use permitted by this ordinance not interpreted to be covered by this schedule., Closest similar use as shall be determined by the Building Commissioner. T, X Mixed residential and home occupation use.,The applicable residential off-street parking requirement plus one for each 600 sq. ft. of gross floor area used for home occupation. (Ord. No. 16985C, 11-27-1972; Ord. N ARTICLE XV, Floodplain District § 235-81. Establishment. The Floodplain District is herein established as an overlay district. The underlying permitted uses are allowed provided that they meet the following additional requirements as well as those of the Massachusetts State Building Code dealing with construction in floodplains. The Floodplain District includes all special flood hazard areas designated as Zone A or Zone A1-A30 on the Melrose Flood Insurance Rate Maps (FIRM), Community No. 250206, dated August 5, 1986, on file with the City Clerk, Building Commissioner, Planning Board, Public Works Engineering Division, Board of Health and the Board of Appeals. These maps are incorporate herein by reference. (Ord. No. 1453A, 5-4-1987) § 235-82. Development regulations. A. Within Zone A, where the base flood elevation is not provided on the FIRM, the applicant shall obtain any existing base flood elevation data and it shall be reviewed by the Planning Board and the Building Commissioner for its reasonable utilization toward meeting the elevation or floodproofing requirements, as appropriate, of the State Building Code. B. Within Zone A1-A30, no new construction, substantial improvements to existing structures, filling or other land development shall be permitted unless it is demonstrated by the applicant that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood elevation more than one foot at any point in the City. (Ord. No. 1453A, 5-4-1987) § 235-83. Subdivisions and new development. All subdivision proposals and other proposed new development shall be reviewed to determine whether such proposals How many zoning districts, including overlays, are in the municipality? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] 15" "[INST] Context: nes as to architectural treatment, materials, facades and the like shall apply to the entire extent of any structure or building facade that is fifty percent (50%) or more within the District boundaries. E. Conflict in Standards Where this Section 6.1.15 specifies some standard or establishes some other requirement contrary to or inconsistent with a requirement elsewhere in this Ordinance, the more restrictive requirements shall govern. 6.1.16. Highway Overlay Districts. A. Purpose To establish development areas where building at greater height than would otherwise be the case is permitted, because of high economic value derived from regional accessibility and visibility, and where enforcement of high standards of architectural design are public policy goals promoting important public benefits. Areas within a Highway Overlay District are highly visible to the regional population, and as such all development therein exerts considerable impact on the City's image, welfare, and enjoyment of its citizens -- economically, functionally, and aesthetically. The Planning Board shall serve as the Special Permit Granting Authority for the Highway Overlay District. B. Specific District Standards and Guidelines Any parcel of land located in a Highway Overlay District shall continue to be subject to the regulations of the underlying district in which it is located, except where a provision to the contrary is specifically set forth herein for the Highway Overlay District. Dimensional requirements shall be those specified in the underlying district except that the maximum height limit may be waived by the SPGA through the special permit with site plan review process set forth in Article 5. For all development within the Highway Overlay District requiring special permit with design review or special permit with site plan review, the SPGA shall review the development for compliance with the following design standards and guidelines and shall grant the applicable permit only upon making findings and determinations in accordance with Sections 5.1 and 5.2 as applicable, and under the additional provisions of this Section 6.1.16 e applied to that portion of such lot as lies in the City of Somerville in the same manner as if the entire lot was situated therein. Section 8.5. Table of Dimensional Requirements. NOTE: §8.5 was amended by Ordinance 2000-8 on May 25, 2000. SECTION 8.5: Table of Dimensional Requirements For Dimensional Requirements in University District, see Section 8.7. The regulations with respect to PUD Overlay Districts are set forth in Section 16.5 ,,,,,DISTRICTS,, ,RA,RB,RC,NB,CBD,BA,BB A Minimum lot size (s.f.),""10,000 (1)"",""7,500 (1)"",""7,500 (1)"",NA,NA,NA,NA B. Minimum lot area/dwelling unit 1-9 units (s.f.),2250,1500,875,875,875,875,875 10 or more units (s.f.),2250,1500,1000,1000,1000,1000,1000 C. Maximum ground coverage (%),50,50,70,80,80,80,80 ""D. Landscaped area, minimum percent of lot"",25,25,25,10,10,10,10 E. Floor area ratio (F.A.R.) (2),0.75,1.0,2.0,2.0,2.0,2.0,2.0 F. Maximum height (3) stories/,2 1/2,3,3,3,4,4, feet,35,40,40,40,50,50,50 (20) ,,,,(18) (19),(20) (21),(20) (21), ,,,,(20) (21),,, G. Minimum front yard (ft) (5a)(5b) (5c)(17),15 (5),15 (5),15,NA,NA,NA,15 H. Minimum side yards (ft) (5b)( (6),(7)(8),(7)(8),(7)(8),NA(12),NA(12),NA(12),NA(12) (10)(17),(9)(11),(9) (11),(9) (11),,,, I. Minimum rear yards (ft) (5b) (13) (14)(15)(17),20,20,20,""NB, CBD, districts: 10 2 feet for above the (also see"",""BA, and BB feet, plus each story ground floor footnote 12)"",, J. Minimum frontage (ft),50 (16),50 (16),50 (16),NA,NA,NA,NA (#) = See footnotes in Section 8.6. NA = Not Applicable DISTRICT S ,BPA,IA,,IP,IPA,OS,Note: Lettering system added to Sec. 8.5. A Minimum lot size (s.f.),""10,000"",NA,NA,""10,000"",""10,000"",NA,by Ord. 1991-10 on 8/22/91. B. Minimum lot area/dwelling unit 1-9 units (s.f.),875,875,NA,875,NA,NA,Sec. 8.5.B. amended by 10 or more units (s.f.),1000,1000,NA,1000,NA,NA,Ord. 1991-10 on 8/22/91. C. Maximum ground coverage (%),65,80,80,65,65,30, ""D. Landscaped area, minimum percent of lot"",20,10,10,10,10,5,Sec. 8.5.D. amended by Ord. 1991-10 ows: 1. The development complies with all standards set forth for the overlay district in which it is located. NOTE: §5.4.6.1 was amended by Ordinance 1991-10 on August 22, 1991. NOTE: §5.4.6, items #2- 7 and #9- 11 below, were amended by Ordinance 1991-10 on August 22, 1991. 2. The development shall be integrated into the existing terrain and surrounding landscape. Building sites shall, to the extent feasible: a. Minimize use of wetlands, steep slopes, floodplains, hilltops; b. Preserve natural or historic features; c. Maximize open space retention; d. Preserve scenic views from publicly accessible locations; e. Minimize tree, vegetation and soil removal, blasting and grade changes; f. Screen objectionable features from neighboring properties and roadways. 3. The development shall be served with adequate water supply and sewage disposal systems. For structures to be served by sewage disposal systems, the applicant shall document the status of Department of Environmental Management (DEM) and/or other sewage permits. 4. The development shall incorporate measures that are adequate to prevent pollution of surface and groundwater, to minimize erosion and sedimentation, and to prevent changes in groundwater levels, increased rates of run-off and minimize potential for flooding. Drainage shall be designed so that groundwater recharge is maximized, and at the project boundaries the run-off shall not be increased in amount or velocity. 5. To the extent feasible, development shall minimize demands placed on municipal services and infrastructure. 6. The development shall provide for safe vehicular and pedestrian movement within the site and to adjacent ways, including sidewalks, cross-walks and the like. 7. Building design and landscaping shall be in harmony with the prevailing character and scale of buildings in the neighborhood through the use of appropriate building materials, screening, and other architectural techniques. 8. Electric, telephone, cable TV and other such utilities shall be underground except ion Commission and City Engineer. E. Floodway Data In ""A"" Zones, 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. In Zones A1-30, along watercourses that have not had a regulatory floodway designated, no new construction, substantial improvement, or other development shall be permitted unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood. In Zones A1-30, along watercourses that have regulatory floodways designated on the Somerville FIRM, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. F. 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 of materials or equipment: outdoor recreational uses, including fishing, boating, play areas, etc.; conservation of water, plants, wildlife; and buildings lawfully existing prior to the adoption of these provisions. G. Use Regulations The floodplain district is established as an overlay district to all other districts. All development, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the requirements of Section 2102 of the Massachusetts State Building Code pertaining to construction in the floodplains. NOTE: §6.1.18, Floodplain Overlay District, was established and made effective by Ordinance 1991-10, on August 22, 1991. 6.1.19 Planned Unit Development Overlay District A (PUD-A) A. Purpose See Section 16.1. B. Standards and Guidelines A Planned Unit Development shall be allowed by Sp nning Board shall serve as the Special Permit Granting Authority in the IPA District. 6.1.12. BPA - Business Park Assembly Districts. Purpose. To provide opportunities for moderate to high intensity economic development in areas with favorable regional access, allowing mixed retail, office, light industrial and other complementary commercial and business uses. It is expected that District development will serve a City-wide or regional population. It is anticipated that users will arrive predominantly by motor vehicle, thus requiring efficient vehicular circulation. However, it is intended that once on-site, users will enjoy a largely pedestrian-oriented environment characterized by appropriate human scale and access to open space. The Planning Board shall serve as the Special Permit Granting Authority in the BPA District. 6.1.13. OS - Open Space Districts. Purpose. To encourage the preservation of open space for parkland, recreation, reservations, community gardens, rivers and streams and their shorelines, waterfront access, cemeteries, historic sites, urban plazas and squares, and similar uses by permanently protecting these open space resources, which enhance the quality of life for the City's residents. The open space district is intended to include publicly owned open space land of the types mentioned above, and may include land in private ownership upon consent of the owner(s). The district may also be used as a means for permanent land use protection of usable open space as defined by and provided for under the provisions of this Ordinance. 6.1.14. UN - University Districts. Purpose. To establish and preserve areas primarily for university uses. 6.1.15. Waterfront Overlay Districts. A. Purpose To establish areas adjacent to the Mystic River and the Mystic River Reservation where preservation of significant open space and enforcement of high standards of architectural design are public policy goals promoting important public benefits. Areas within a Waterfront Overlay District are highly visible to the regional population, and as such all development therein exerts considerable impact on the City's image, How many zoning districts, including overlays, are in the municipality? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] 16" "[INST] Context: rea."" 4. Setbacks and Yard Regulations for Buildings. 1. Following are the setback requirements: a. Required front setback distance: no minimum and no maximum. b. Required side yard width: 10 feet minimum. c. Required rear yard depth: Minimum 15 feet 5. Display/Storage. No storage or permanent display of goods, products, materials or equipment, vending machines or similar commercial devices shall be located nearer to the line of any street than the permitted setback distance for a building on the lot. 6. Height Regulations. Building heights up to five (5) stories are allowed in the PSMUOD, and, as a development incentive, the SPGA may allow buildings higher than five (5) stories if the developer can demonstrate to the SPGA's satisfaction, that the increased height is in keeping with the purpose of the bylaw. 7. Common Open Land. 1. The developer is encouraged to have Common Open Land for use by the general public. The Common Open Land shall have a shape, dimension, character and location suitable to assure its use for park or open space purposes by the general public. 2. The SPGA may permit a density bonus of one (1) dwelling unit per 2,000 sf of Common Open Land provided the area of Common Open Land shall equal at least ten (10) percent of the total parcel area. 3. Any required takings for Right of Way (ROW) improvements including sidewalks along a public street, will not impact the minimum required ""buildable lot area"" for the development and may be included in the Common Open Land calculation if said land is transferred to the Town or State, as appropriate, free of charge. 7.0 Affordable Housing. 1. As a condition of the grant of any special permit in the PSMUOD creating more than ten (10) residential units, a minimum of the following total number of dwelling units shall be restricted as affordable for a period of not less that ninety-nine (99) years. Fractions of .49 or less shall be rounded down and .50 or more rounded up. The form of the ninety-nine year restriction shall be approved by legal counsel to the SPGA, and a rig f an applicant to pay a review fee shall be grounds for denial of the applicant/permit. D. Inspection review fees may only be spent for services rendered in connection with the specific project from which they were collected. Accrued interest may be spent for this purpose. At the completion of the Board's review of a project, any excess amount in the account, including interest, attributable to a specific project shall be repaid to the applicant or the applicant's successor in interest. A final report of said account shall be made available to the applicant or the applicant's successor in interest. For the purpose of this regulation, any person or entity claiming to be an applicant's successor in interest shall provide the Board with documentation establishing such succession in interest. E. The minimum qualifications of a consultant shall consist either of an educational degree in, or related to the field at issue, or three (3) or more years of practice in the field at issue, or a related field. (Approved on April 26, 2001) SECTION 344-35 Waiver of compliance Strict compliance with the requirements of these rules and regulations may be waived when such action is in the public interest and not inconsistent with the Subdivision Control Law. SECTION 344-36. Number of Dwellings per Lot Not more than one (1) building designed or available for dwelling purposes shall be erected or placed or converted to use as such on any lot in a subdivision or elsewhere within the Town without the consent of the Planning Board, which shall be granted only for structures in compliance with zoning restrictions and only upon the Board's finding that adequate ways and utilities serving such site for such buildings have been provided in the same manner as otherwise required for the lots within a subdivision. SECTION 344-37. Penalties and Fines (reserved as of April 26, 2001) SECTION 344.38. Matters Not Covered For matters not covered by these Rules and Regulations, reference is made to M.G.L.A., Ch 41, o 81D to o 81GG, inclusive. SECTION 344-39. Severability Each section of these Rules and Regulations shall be constructed as separate to the end that if any section, sentence, clause or phase shall be held invalid for any reason, the remainder of the Rules and Regulations shall continue in full force. SECTION 344-40. Other Applicable Rules and Regulations All work related to water, sewer and fire services within subdivisions building permit shall be issued for the construction of any of the above without site plan review approval and design plan approval. 9.4.2 Purpose. The purpose of site plan review is to further the purposes of this chapter and to ensure that new development is designed in a manner which reasonably protects safety or internal circulation and egress, provides adequate access to each structure for fire and service equipment, assures adequate utility service and drainage, protects visual and environmental qualities and protects the property values in the town. Site plan review and design plan review are intended to require plan submittal for review by the Planning Board or its designee, as advisory to the Building Inspector and the Special Permit Granting Authority (SPGA), prior to the issuance of a building or special permit. 1. The purpose of Design Plan Review is to provide detailed review of uses and structures having a substantial impact upon the character of the Town; to prevent blight; to enhance the natural and aesthetic qualities of the Town; to conserve the value of land and buildings; to protect and preserve the historic and cultural heritage of the Town; and to promote design which is compatible with present character of the Town. 9.4.3 Application. 1. Site plan review, design plan review and approval shall occur prior to the application for a building permit. 2. Prior to official application to the Planning Board, all requests for waivers from the provisions of this section shall be made, in writing, to the Planning Board for its review and decision. The Planning Board shall issue a written statement specifying waivers and/or additional information that must be included with the application within a fourteen-day period from the date of the first Planning Board meeting that follows the written waiver or condition request. 3. Incomplete applications shall not be accepted by the Planning Board. Following submission of an application to the Planning Board, the Board or its agent shall review the application for completeness within three (3) business days of the submission. Completeness shall be based on the r t the town's expense; and means, if any, of providing for design control. 7.5.3 Impact Statement. An analysis of the consequences of the proposed development, shall be submitted, evaluating the following impacts at a level of detail appropriate to the number of units proposed: 1. Natural environment: groundwater and surface water quality, groundwater level, stream flows, erosion and siltation, vegetation removal (especially unusual species and mature trees) and wildlife habitats. 2. Public services: traffic safety and congestion, need for water or sewer system improvements, need for additional public recreation facilities and need for additional school facilities. 3. Social environment: rate of town population growth and range of available housing choice. 4. Visual environment: visibility of buildings and parking and visual consistency with existing development in the area. 5. In the case of proposals for thirty (30) or more dwelling units, a site analysis shall also be submitted, consisting of a series of site analysis drawings at the same scale as the site plan, each on a separate sheet, indicating analysis of hydrologic systems, vegetative cover, slope and land form, soils and geology and such other characteristics as the applicant deems advisable. 7.5.4 Procedure. Forthwith upon receipt of the above materials, the Board of Appeals shall deliver one (1) set to the Chairman or designated alternate of the Planning Board, Conservation Commission and Board of Health for their review and recommendation, which shall be considered in the Board of Appeal's decision. No decision on a special permit for multifamily dwellings shall be made within thirty-five (35) days of the application without receipt of a report from the Planning Board, Board of Health and Conservation Commission. 7.5.5 Security. Before issuance of a special permit, a performance bond in the amount determined by the Board of Appeals shall have been posted in the name of the town assuring construction of access, utili is bylaw except §5.3 may be processed pursuant to G.L. Chapter 40, s. 21D. Fines for violations shall be assessed according to the following schedule: First offense: $100.00 Second offense: $200.00 Third and each succeeding offense: $300.00 Any person violating any provision of §5.3 shall be fined, if convicted, according to the following schedule: First offense: $25.00 Second offense: $50.00 Third offense: $100.00 Subsequent offenses: $200.00 Each day or part thereof of violation of any provision of this chapter, whether such violation is continuous or intermittent, shall constitute a separate and succeeding offense. Enforcement of this bylaw under the Non-Criminal Disposition process shall be carried out by the Zoning Enforcement Officer, the Assistant Zoning Enforcement Officer, any person having police powers, or other person so designated by the Town Manager. 9.2 BOARD OF APPEALS 9.2.1 Establishment. The Board of Appeals shall consist of three (3) members and four (4) associate members, who shall be appointed and act in all matters under this chapter in the manner prescribed by G.L. Chapter 40A and 41, as amended. 9.2.2 Powers. The Board of Appeals shall have and exercise all the powers granted to it by Chapters 40A, 40B, and 41 of the General Laws and by this By-Law. The Board's powers are as follows: 1. To hear and decide applications for special permits. Unless otherwise specified herein, the Board of Appeals shall serve as the special permit granting authority. 2. To hear and decide appeals or petitions for variances from the terms of this By-Law, with respect to particular land or structures, as set forth in G.L. c. 40A, s. 10. The Board of Appeals shall not grant use variances. 3. To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of G.L. c. 40A, ss. 8 and 15. 4. To hear and decide comprehensive permits for construction of low or moderate-income housing by a public agency or limited dividend or nonprofit corporation, as set forth in G.L. c. 40B, ss. 20-23. Is there a town-wide annual or biannual cap on residential permits issued, and/or is project phasing required? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know." "[INST] Context: ilding permits for new dwelling units on lots within the scope of this Section in any twelve (12) month period, regardless whether the permits pertain to subdivision lots, ANR lots, or any other lots. e) Further in limitation, no more than five (5) building permits shall be issued in any one subdivision for new dwelling units per year regardless of the identity of the applicant. The limitation imposed under this § shall be in addition to and independent of any limitation arising out of Section 11.6.2. f) In the case of any lot created after the effective date of this Section by a process involving neither an ANR plan nor a subdivision plan, such lot shall be treated under the provisions hereof as though it were an ANR lot and shall be counted towards the maximum complement of ANR lots. 11.8.3. Exemptions.. Building Permits for the following types of dwelling units are exempt from the Growth Rate Limitation provisions of this Bylaw: a) Dwelling units created under any statute or statutory program, the provisions of which, including any regulations duly adopted thereunder, specify a purpose of assisting or fostering the construction of low or moderate income housing. b) Any lot created prior to May 14, 2001, by Special Permit, subdivision plan, ANR plan, or other lawful process. c) Any lot created in any lawful manner which has an area of one hundred percent (100%) over the required minimum excluding Land Unsuitable for Development as defined in Section 20. d) Any lot created in an Open Space Development, Section 6.6. of this Bylaw and pertinent subsections, where the open space is at least one hundred percent (100%) over the required minimum excluding Land Unsuitable for Development as defined in Section 20. 11.8.4 Procedures. The procedure for establishing priority in the issuance of building permits shall be as follows: a) Initial priority will be established on a first come, first served basis by the submittal of a complete application for a building permit to the Building Inspector in the manner authorized by law. b) The Building Inspector will assign consecutive numbers (RD Numbers) issued thereunder. Subject to the foregoing provisions Backland lots shall comply with other provisions of the Dunstable Zoning Bylaw. 11.8.1 Applicability. The rate of development established hereunder shall apply to the issuance of all building permits for construction of new dwelling units on lots created after May 14, 2001. This Subsection 11.8. of the Zoning Bylaw shall lapse at midnight on Monday, May 9, 2011, unless the Town shall sooner vote to extend its provisions at a Special or Annual Town meeting following notice and hearing duly carried out according to Chapter 40A of the General Laws, as amended. In the event of any such vote, the Planning Board shall report to any such Town Meeting regarding the effectiveness of the Growth Rate Limitation provisions of this bylaw and regarding the need, if any, to continue and/or amend such provisions. Nothing in this Bylaw shall be deemed to alter any requirement that building permit applications be referred to the necessary Boards and/or Departments for review or approval. 11.8.2. General a) Unless exempted by Section 11.8.3. (below), building permits shall not be issued authorizing construction of more than forty-eight (48) dwelling units in any twenty-four (24) month period, with the first such period beginning with the effective date of this bylaw. b) No more than twenty-four (24) permits in any twenty-four (24) month period may be issued for Approval Not Required (ANR) lots, and no more than twenty-four (24) permits in any twenty-four (24) month period may be issued for dwelling units in a subdivision, subject to the exemption provisions of Section 11.8.3. c) Applicant within the meaning of this section shall mean the owner, beneficial owner, or person/entity in lawful control of ownership of the premises which are the subject of an application~ without regard to straws or other forms of nominal ownership. d) No applicant shall be issued more than seven (7) building permits for new dwelling units on lots within the scope of this Section in any twelve (12) month period, regardless whether the permits pertain to subdivision lots, ANR lots, or any other lots. e and Court and shall be set according to such specifications. No permanent monuments shall be installed until all construction that would destroy or disturb the monument is completed, Bounds shall be set flush with finished grade. D. Signs 1. Street Signs The developer shall furnish and erect street signs to designate the name of each street in his development; said signs shall conform to the specifications of those used by the Town and shall be located as directed by the Planning Board. Street names shall be submitted by the developer and approved by the Planning Board. 2. Traffic Control Signs The developer shall furnish and erect all traffic control signs needed for the development. Signs shall conform to the specifications of those used by the town, and shall be located as directed by the Planning Board. E. Trees Every effort shall be made to preserve the existing trees on the right-of-way and on the lots to be sold. Filling shall be done in such a manner as to preserve the trees wherever possible. The Planning Board shall require that the subdivider provide and plant at least six (6) suitable shade trees (variety approved by the Planning Board) per lot having a minimum height of twelve (12) feet. Four (4) trees shall be planted on lots at least 10 feet from the exterior line of the street right-of-way. Two (2) trees shall be planted between curbs and sidewalks for each 200 feet of lot frontage. F. Construction Standards 1. General The construction of these facilities shall be made only during weather and under conditions allowing for the fulfillment of good construction standards. In addition to periodic, unscheduled inspections and tests, the following are required. The developer is responsible for notifying the Board 48 hours before the requested inspection. Written approval from the Board or its agent is required before construction proceeds to the next step SECTION I. GENERAL The Planning Board, the Board of Selectmen or the Board of Appeals shall be the Special Permit Granting Authorities as specified in the various sections of the zoning by-law and shall hear and decide applications for special permits upon which they are empowered to act under the zoning by-law. Upon receipt of an application for a special permit, the Special Permit Granting Authority shall refer the application and plan to such boards and officials as they deem appropriate and shall not hold a public hearing on the application and plan to such boards and officials as they deem appropriate and shall not hold a public hearing on the application until such time as reports have been received from all boards and officials to whom such has been referred or thirty-five (35) days have elapsed following referral without receipt of such reports whichever occurs sooner. No request for a special permit shall be granted unless and until the Special Permit Granting Authority makes a written finding as to each of the following which it finds applicable to the application before it: 1. The proposed construction or use is consistent with the general purposes of the Zoning By-Law; 2. The proposed construction or use will not impair the integrity of the district and adjoining districts; 3. The proposed construction or use will not be detrimental to the health and welfare of the occupants and users thereof, and citizens of the Town; 4. The proposed construction or use will not be detrimental to the value of nearby property; SECTION 4. NON-CONFORMING USES 4.1 Any use or structure lawfully existing at the time of the adoption of (a) Construction or operations pursuant to such a building or special permit shall conform to the provisions of this bylaw as amended unless the use or construction is commenced within a period of six (6) months after issuance of the permit and, in cases involving construction, unless such construction is completed as continuously and expeditiously as is reasonable; (b) Whenever a non-conforming structure, lot or use has been made conforming, it shall not thereafter revert to any such non-conforming structure, lot, or use, subject nevertheless to the provisions of subsections (d) and (e) of this section. (c) Wherever a non-conforming use has been abandoned, it shall not, be re-established and any future use shall conform to the Zoning Bylaw and any amendment thereto. In any event, for purposes of this section, such use shall be deemed abandoned which has been discontinued for a period of two (2) years. (d) No building or other structure put to a non-conforming use which is destroyed or damaged by fire or other cause, or demolished to the extent, in any of such cases, of more than one-half (1/2) of its replacement value at the time of said damage or demolition as determined by the Building Inspector, who may for these purposes consult qualified appraisers, may be rebuilt for the purpose of reestablishing the non-conforming use, in full or in part, unless the Board of Appeals finds with respect to such reconstruction or repair, that it will not be substantially more detrimental to the neighborhood, with reference to the purposes of this bylaw, than the use existing prior to such damage or destruction. (e) Any reconstruction or repair of a partially destroyed, demolished or damaged structure put to a non-conforming use must be commenced within one (1) year of such damage or destruction, and the reconstruction completed and the structure occupied within two (2) years of such damage or destruction. 4.2 A non-conforming single or two-family residential structure may be 4.3 Any other lawful pre-existing non-conforming structure or use, 4.4 A single-family or two-family residential lot which complied with 4.5 No lot on which a building is located in any district, or Is there a town-wide annual or biannual cap on residential permits issued, and/or is project phasing required? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know." "[INST] Context: ntity designated by the PAA or, in the absence of such timely designation, by an entity designated by the DHCD. In any event, such Monitoring Agent shall ensure the following, both prior to issuance of a Building Permit for a Project within the QSGOD, and on a continuing basis thereafter, as the case may be: a. Prices of Affordable Homeownership Units are properly computed; rental amounts of Affordable Rental Units are properly computed; b. Income eligibility of households applying for Affordable Housing is properly and reliably determined; c. The housing marketing and resident selection plan conforms to all requirements and is properly administered; d. Sales and rentals are made to Eligible Households chosen in accordance with the housing marketing and resident selection plan with appropriate unit size for each household being properly determined and proper preference being given; and e. Affordable Housing Restrictions meeting the requirements of this Section are recorded with the proper registry of deeds. 7. Housing Marketing and Selection Plan. The housing marketing and selection plan shall make provision for payment by the Project applicant of reasonable costs to the Monitoring Agent to develop, advertise, and maintain the list of Eligible Households and to monitor and enforce compliance with affordability requirements, as set forth in 7-17.D. 8. Phasing. The PAA, as a condition of any Plan Approval, may require a Project to be phased in order to mitigate any extraordinary adverse Project impacts on nearby properties. For Projects that are approved and developed in phases, the PAA shall assure the required number of Affordable Housing Units in the Project, as per Section 7- 17(D)(2). Such assurance may be provided through use of the security devices referenced in G. L. c. 41, § 81U, or through the PAA's withholding of certificates of occupancy until proportionality has been achieved. No Density Bonus Payment will be received by the Town until such proportionality has been a . c. 41, § 81U, or through the PAA's withholding of certificates of occupancy until proportionality has been achieved. No Density Bonus Payment will be received by the Town until such proportionality has been achieved by the issuance of occupancy permits for the Affordable Housing Units in the Project. 9. Computation. Prior to the granting of any Plan Approval of a Project, the applicant must demonstrate, to the satisfaction of the Monitoring Agent, that the method by which such affordable rents or affordable purchase prices are computed shall be consistent with state or federal guidelines for affordability applicable to the Town. 10. No Waiver. Notwithstanding anything to the contrary herein, the Affordability provisions in this Section 7-17.D shall not be waived. E) PERMITTED AND PROHIBITED USES Except as otherwise provided by-law in each subzone, no building, structure or land shall be used or occupied except for the purposes permitted as set forth in the following Table of Use Regulations. The letter ""Y"" shall designate that a use requires Plan Approval. The letter ""N"" shall designate that a use is not permitted. The letters SP shall designate that the use requires a special permit from the Special Permit Granting Authority designated by the referenced Section of the Zoning Bylaw. 1. Residential Uses Multifamily dwellings including dwelling units over nonresidential space,X Y, XY, XN Assisted Living Facility, XN, XY, XN 2. Nonresidential Uses ""Trade, professional, or other school conducted as a private business for gain"", XN, XY, XY ""Swimming, tennis, fitness center, or other indoor or outdoor recreational facility as an accessory use"",XY, XY,X Y Town and municipal uses,X Y,X Y,X Y ""Business, financial, and professional use"",X N, XY, XY ""Offices and clinics for medical, psychiatric, or other health services for examination or treatment of persons as out-patient, including only laboratories that are part of such office or clinic N"",X Y, XY, Commercial or e rney General Approved August 13, 1990: Section XII, 12-7. B. 8. Section XII, 12-8. B., C., D., E., F. Zoning Map - Articles 61, 62, 63, 64, and 65 (revised map). Adjourned Annual Town Meeting - May 6, 1991; Attorney General Approved October 9, 1991: Section II, Definitions - DRIVEWAY Section VII, Special Provisions, 7-11. C. Section VIII, 8-1. Section XII, 12-4. Zoning Map - Article 43 Approved Annual Town Meeting - April 13, 1992; Attorney General Approved June 15, 1992: Zoning Map - Articles 20 and 21 Approved Adjourned Annual Town Meeting - April 14, 1992; Attorney General Approved June 15, 1992: Section VII, 7-10. Section X, 10-3. Approved Annual Town Meeting - April 12, 1993; Attorney General Approved May 19, 1993 Section IX, 9-2. Zoning Map - Article 34 Approved Annual Town Meeting - April 13, 1993; Attorney General Approved May 19, 1993 Section X-Signs Approved Special Town Meeting 11/8/93; Attorney General Approved January 18, 1994 Zoning Map (updated) - Article 10 Approved Annual Town Meeting - April 11, 1994; Attorney General Approved June 9, 1994 Section II, Definitions - OUTSIDE DINING FACILITY Section V, 5-3., E. 3 Section V, 5-3., B. 9 Zoning Map - Article 23 Approved Special Town Meeting - January 23, 1995; Attorney General Approved February 27, 1995 Section II, Definitions - CLUSTER DEVELOPMENT 5-3.A.6; 6-3; 7-4; 7-8; 12-7; 12-8 (all references to ""Cluster"" ) Section V, 5-3.A.5; 5-4.D; 6-3 (11); 7-5; 7-6.H; 7-8; 12-7; 12-8 (all references to ""Planned Unit Development"") Approved Annual Town Meeting - April 10, 1995; Attorney General Approved July 1, 1995 Section 6-3 (12) (13) (14) Section II, Definitions - LOT Section VII, 7-11. Flood Plain Section V, 5-4. Zoning Map - Article 31 Approved Annual Town Meeting - April 30, 1996; Attorney General Approved July 23, 1996 Section II, Definitions - DRIVEWAY Zoning Map - Articles 36 and 37 Approved Annual Town Meeting - April 14, 1997; Attorney General Approved August 25, 1997 Section II, Definitions - LOT Section IV, Sub-Sectio ey are required to serve; or, when practical difficulties as determined by the Board of Appeals prevent their establishment upon the same lot, they shall be established no further than 200 feet from the premises to which they are appurtenant. 8-6. TABLE OF OFF-STREET PARKING REGULATIONS 1. One single- or two-family dwelling,Two for each dwelling unit 2. Multifamily apartments,Two for each dwelling unit 3. Lodging unit,One for each bedroom in a lodging unit ""4. Theater, restaurant, auditorium, church or similar place of public assembly with seating facilities"",One for each three seats of total seating capacity ""5. New and used car sales and automo- tive service establishment and other retail and service establishments utilizing extensive display areas, either indoor or outdoor which are unusually extensive in relation to customer traffic"",""One per 1,000 sq. ft. of gross floor space. In the case of outdoor display areas, one for each 1,000 sq. ft. of lot area in such use."" ""6. Other retail, service, offices, finance, insurance, real estate establishment, or shopping center."",One per each 150 sq. ft. of gross floor space. ""7. Hotel, motel, tourist court"",One for each sleeping room plus one for each 100 sq. ft. of public meeting room and restaurant space. ""8. Wholesale establishment, warehouse or storage establishment"",""One per each 1,000 sq. ft. of gross floor space."" 9. Manufacturing or industrial establishment,""One per each 600 sq. ft. of gross floor space OR 0.75 per each employee of the combined employment of the two largest successive shifts, whichever is larger."" 10. Hospital,Two per bed at design capacity. 11. Nursing Home,One per bed at design capacity. ""12. Business, trade or industrial school or college"",One for each 200 sq. ft. of gross floor area in classrooms. 13. Other school,""Two per classroom in an elementary and junior high school. Four per classroom in a senior high plus one space for every ten seats of total seating capacity in auditorium or gymnasium, whichever has the larger capacity."" ""14. Community facility (Town building, recrea rced by the Easton Building Inspector. The Building Inspector, upon being informed in writing of a possible violation of the By-law or on his own initiative, shall make or cause to be made an investigation of facts and an inspection of the premises where such violation may exist. The Building Inspector, on evidence of any violation, after investigation and inspection shall give written notice of such violation to the owner and to the occupant of such premises. The Building Inspector shall demand in such notice that such violation be abated and within a reasonable time, designated therein by the Building Inspector. Such notice and demand may be given by mail addressed to the owner at the address appearing for him on the most recent real estate tax records of the Town of Easton and to the occupant at the address of the premises of such seeming violation. The Inspector of Buildings shall be charged with the enforcement of the Zoning By-law and shall withhold a permit for construction, alteration or moving of any building or structure if the building or structure as constructed, altered or moved would be in violation of any zoning by-law; and no permit or license shall be granted for a new use of a building, structure or land which use would be in violation of any zoning by-law. If the Inspector of Buildings is requested in writing to enforce such by-laws against any person allegedly in violation of the same and such inspector of buildings declines to act, he shall notify, in writing, the party requesting such enforcement of any action or refusal to act, and the reasons therefore, within fourteen days of receipt of such request. 12-4. VIOLATIONS AND PENALTIES Penalties for violations of any provision of this By-law may, upon conviction, be affixed in any amount not to exceed three hundred dollars ($300.00) for each offense. Each day, or portion of a day, that any violation is continued shall constitute a separate offense. In addition to the procedures for enforcement as described in the previous Is there a town-wide annual or biannual cap on residential permits issued, and/or is project phasing required? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: ed evidence of such written notice to the Selectmen, Planning Board, or Zoning Board of Appeals, as appropriate, a copy of which petition or application shall forthwith be given to the Town Clerk by the applicant. Any special permit granted under this By-Law shall lapse 2 years from the date of the granting of such permit (including time required to pursue or await the determination of an appeal from the grant thereof) if a substantial use thereof has not sooner commenced, or, in the case of a permit for construction, if such construction has not begun by such date, unless such failure is for good cause. Uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, may be permitted upon the issuance of a special permit by the Selectmen providing the Selectmen find that the proposed accessory use does not substantially derogate from the public good. Petitions or applications for special permits under the By-Law shall be submitted to and reviewed by the following (such reviews may be held either jointly or severally): the Board of Health, the Planning Board, the Conservation Commission and any other Board or Commission of the Town to which petition or application to be submitted for review. Any such Board or Commission to which petitions or applications are referred for review shall make such recommendations as they deem appropriate and shall send copies thereof to the Selectmen, Planning Board, or zoning Board of Appeals, as applicable, and to the applicant; provided, however, that failure of any such Board or Commission to make recommendations within 35 days of receipt by such Board or Commission of the petition or application shall be deemed lack of opposition thereto. (2) Granting Authority. When a five-member Planning Board has been designated as the special permit-granting authority, one associate member may be authorized for a one-year term. The Board of Selectmen to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby and for the installation of municipal services to serve such land and the building erected or to be erected thereon and the first course of pavement for such way has been installed in accordance with such plan, as certified in writing by the Planning Board. No certificate of occupancy shall be issued for such lot until the second and final course of pavement has been installed in accordance with such plan, as certified in writing by the Planning Board. (i) Grandfathering. The provisions of § 97-10B of the Zoning By-Law shall not apply in the PIOD. The construction of single residences in the PIOD shall be governed by G.L. c. 40A, s. 6. Para. 4. (j) The Board of Appeals may grant use variances within the PIOD provided the Board of Appeals finds that the proposed use is not more detrimental than the current use. E. Flood Zone. (1) In all zones V1-30. The following Subsections shall be applicable in all districts of the Town which are classified as being within Zones V1-30 (coastal high hazard area) on the special Federal Insurance Administration's Flood Insurance Rate Maps(FIRM), effective* July 17, 1986* which map(s), as amended from time to time, shall be kept on file with the Town Clerk, the Planning Board and the Building Inspector, the following subsections shall be applicable: (a) With respect to all new or substantially improved structures, the application and plans for the building permit shall provide the elevation (in relation to mean sea level) of the lowest habitable floor (including basement), whether or not such structures contain a basement and, if the structure is to be or has been flood-proofed, provide the elevation (in relation to mean sea level) to which the structure is or has been flood-proofed; (b) All new construction shall be located landward of the reach of mean high tide; (c) (Reserved) (d) (Reserved) (e) The use of fill for structural support of buildings or other structures sha s shall only be issued upon a showing of good and sufficient cause, a determination that failure to grant the variances would result in exceptional hardship to the applicant and a determination that the granting of a variance would not result in increased flood heights, additional threats to public safety, extraordinary public expenses, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances, other than the provisions of § 97-4E. together with all sections thereof, of this By-Law; (f) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford the relief requested; (g) The Permit Granting Authority shall notify the applicant for a variance in writing over the signature of the Chairman of the Permit Granting Authority that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100-.00 of insurance coverage and such construction below the base flood level increased risks to life and property. Such notification shall be maintained with the records of all variance actions maintained pursuant to requests for variances from the provisions of § 97-4E. together with all sections thereof. F. Adult Entertainment. (1) Nothing herein contained is intended or shall be construed to prohibit and/or limit the use of the land within this district for those uses permitted in an Industrial District. (2) Location limitations of Adult Entertainment Businesses. No person shall establish or cause or permit to be established an Adult Entertainment Business within One Thousand Five Hundred feet (1500') of any other building or structure containing another Adult Entertainment Business nor within Seven Hundred Fifty feet (750') of any public or private school, public or private park or recreation area, public or private buildings with programs for minors, or religious institution, elder housing, library, hospital or emergency m m of three (3) temporary signs plus 1 for each additional separately identifiable unit over one (1) shall be allowed per lot. All temporary signs shall not exceed six (6) feet in height and shall not exceed six (6) square feet each. Temporary signs shall be set back at least ten (10) feet from the edge of the traveled way, except where insufficient setback exists; in such cases, signs shall be attached to a building wall facing the traveled way. All temporary signage shall be removed within 14 days of the completion of any specific event or election to which they may be related The following types of signs do not require a permit but will count toward the total number of allowed signs on a lot: (a) Construction signs: Signs identifying architects, engineers, contractors and tradesmen involved with the construction, and signs announcing the purpose for which the building is intended. (b) Real estate signs: Signs which advertise the sale, rental or lease of the premises or part of the premises on which the signs are displayed. (c) Political campaign signs: Signs announcing political positions or candidates seeking public office and other data pertinent thereto. (d) Temporary signs may be erected on Town owned property upon application to the Selectmen, provided all such signs are removed within fourteen (14) days of the conclusion of the event or events. Such signs shall respect the purposes set out in Section A of this bylaw and obey the prohibitions set out in Section B of this bylaw. (7) Agricultural-Residential and Parker River Residential: Permits are not required in these zones for the following: (a) One identification sign for each dwelling unit provided: such sign shall not exceed two (2) square feet in surface area; if lighted, it shall be illuminated with a white light directed solely at the sign. (b) One identification sign for a home occupation that is registered with the Town provided: such sign shall not exceed 6 square feet in surface area; if lighted, it shall be illuminated with white light directed solely at the sign. (c) One identification sign ARTICLE X GENERAL REGULATIONS § 97-10. General Regulations. A. Nonconforming Uses (Except Plum Island Overlay District). (1) Continuance: (a) The lawful use of any structure or land existing at the time of enactment or subsequent amendment of this By-Law may be continued, although such structure or use does not conform to the provisions of the By-Law. But if any such nonconforming use or structure is not used for a period of two (2) years, it shall not thereafter be resumed. Nonconforming structures or uses may be extended or altered, provided, however, that no such extension or alteration shall be permitted unless there is a finding by the Permit Granting Authority that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. Constructions or operations under a building or special permit shall conform to any subsequent amendment of this By-Law unless the use or construction is commenced within a period of not more than six (6) months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion, as continuously and expeditiously as is reasonable. B. Grandfathering: (a) Notwithstanding any provision of this By-Law, a single residence or any other permitted buildings or structures in all zones may be erected on any lot registered at the Registry of Deeds in Salem prior to July 1, 1959. Not withstanding any provisions of this By-Law, a single residence or any other permitted buildings or structures may be erected in the agricultural-residential district on any lot which has not less than 100 feet of frontage on a street or way, and was recorded at the Registry of Deeds in Salem prior to March 21, 1978, and otherwise met all of the applicable requirement of the Zoning By-Law in effect at the time it was recorded or registered. Notwithstanding any provisions of t Is there a town-wide annual or biannual cap on residential permits issued, and/or is project phasing required? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know." "[INST] Context: paces in excess of needs. Therefore, in the case of those uses which require a Special Permit pursuant to Section 4.4 - Commercial Uses and Section 4.5 - Industrial Uses and for those uses which require Site Plan Approval, the Planning Board may permit deviations from the presumptive requirements and may require more parking or allow less parking and shall determine the final number of parking spaces required based upon reference to available studies and data and, at the Board's discretion, with the assistance of qualified expert consultants. **Webmasters Note: The previous paragraph has been added as per an update approved at a town meeting held on 5/9/05. USE CLASS,INCLUDING BUT NOT LIMITED TO THE FOLLOWING USES:,MINIMUM NUMBER OF OFF - STREET PARKING SPACES TO BE PROVIDED Special Uses,""Eating, Drinking Places, Restaurants, Theater and Night Clubs."",One space for every four seats determined by the seating capacity of the establish- ment. ,""Food, Grocery Supermarkets, Roadside Stands, Funeral Homes, Retail Farm Outlet Auto Repair Garages and Service Stations."",""One space for every 100 square feet of floor area open to customers, visitors and the public, or used for sales or customer service."" ""Cultural Institutions Financial Institutions, Retail of bulky Items"",""Art Galleries, Libraries and Museums; appliance, automotive, furniture, rug or tire sales; banks and financial institutions; bakeries and printing shops; dealers in boats, fuel, grain, lumber."",""At least one space for each 400 square feet floor area open to customers visitors, the public or used for sales or customer services."" Industrial and Manufacturing Uses,""Research and development laboratories and and other manufacturing and processing plants, including the space therein used for offices and storage."",At least one space for each 800 square feet floor area. Warehouses,""Warehouses, storage and distribution facilities involving no sales or customer services on the on the premises, freight terminals."",""At least one space for each 3,000 square feet of floor area."" 7.7 If it can be demonstrated to the satisfaction of the Board of Appeals 7.8 The parking outdoors of more than one unregistered, unservice shall establish and may periodically amend a schedule of application fees and review deposits for all applications under this section. No application shall be considered complete unless accompanied by the required application fees and review deposits. 15.6 Objectives in evaluating and rendering a decision on a proposed development plan which 15.6.1 Natural Environment: - Minimize tree, vegetation and soil removal; minimize the volume of cut, fill and grade changes; minimize the use of wetlands, steep slopes and floodplains; eliminate or minimize soil erosion and sedimentation by requiring an erosion and sediment control plan be in place prior to and during construction; - Promote the infiltration and recharge of groundwater and control the volume and rate of storm water runoff resulting from land disturbance activities by requiring a storm water management plan which utilizes both structural and non-structural best management practices (BMPs); - Ensure adequate long term operation and maintenance of stormwater management facilities by requiring inspection during construction and installation and by requiring an operation and maintenance plan; - Require practices to control waste such as discarded, building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts on water quality. - Minimize obstruction of scenic views from publicly accessible locations. **Webmasters Note: The previous section has been amended as per an update approved at a town meeting held 5/6/08. 15.6.2 Traffic, Parking and Pedestrian Circulation: - Following project development the ""level of service"" (LOS) of any impacted intersections and streets affected by the proposed project shall not be reduced below LOS ""C"" or the existing LOS, whichever is lower, for local or collector intersections or streets or below LOS ""D"" or the existing LOS, whichever is lower, for arterial intersections or streets. For the purposes of this standard the following definitions Board shall be the Special Permit Granting Authority (SPGA) for all Special Permits under this by-law. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held on 5/10/04. 19.3.2 Multiple Units. This bylaw shall apply to the construction of six (6) or more multi-family dwelling units, whether on one or more contiguous parcels, in existence as of October 8, 2003 and shall require a Special Permit. 19.4 MANDATORY PROVISION OF AFFORDABLE UNITS The Planning Board shall, as a condition of approval of any division of land or construction of multiple units referred to in Section 19.3, above, require that the applicant for approval of a Special Permit comply with the obligation to provide affordable housing pursuant to this bylaw and more fully described in Section 19.5, below. 19.5 PROVISION OF AFFORDABLE UNITS The Planning Board shall deny any application for a Special Permit for division of land or construction of multiple units under this by-law if the applicant does not comply, at a minimum with the following requirements for affordable units. 19.5.1 At least ten (10) percent of the lots in a division of land or units in a multiple unit development subject to this by-law shall be established as affordable housing units in any one or combination of methods provided for below. Fractions of a lot or dwelling unit shall be rounded up to the nearest whole number such that a development proposing six (6) dwelling units shall require one affordable unit, a development proposing eleven (11) dwelling units shall require two affordable units and so on: 19.5.1.1 The affordable units shall be constructed or rehabilitated on the subject property; I 19.5.1.2 the affordable units shall be constructed or rehabilitated on a property different than the property subject to the Special Permit; 19.5.1.3 the applicant shall make an equivalent fees-in-lieu-of payment (see Section 19.10); 19.5.1.4 the applicant may offer, and the Planning Board after consultation with the Board of Selectmen may accept, donations of land in fee simple, on or offsite, that the Planning Board determines are suitab feet per unit; within Zone III the minimum lot area for residential and non-residential use shall be 60,000 square feet per unit except that in the Village Commercial zoning district the minimum lot area for residential and commercial uses shall be as per the dimensional requirements of the Village Commercial district. b. No existing lot used for multi-family dwellings shall be changed in size so as to result in a violation of the requirements of this Section. c. Lots may be reduced through the Residential Cluster Development Special Permit process (Section 6.8 43), provided that the provisions of Section 6.8 #2, as amended in Article 23, Norton Town Meeting of 5/2/88, are met. 6.8 RESIDENTIAL CLUSTER DEVELOPMENT REGULATIONS a. Single-family, duplex, and multi-family Cluster Development may be allowed by a special permit in Zoning District specified in Table 4.2. b. In order to encourage better site planning in the placement of buildings and improvements, the Planning Board may allow more than one building to be located on a single lot. DIMENSIONAL REQUIREMENTS 1. The site proposed for Cluster Development shall be not less than ten acres for Single-family, fifteen acres for duplex and twenty acres for Multi-family in area and shall be under a single owner or a group of owners acting jointly. 2. No site shall be developed in a manner which would result in a greater number of dwelling units being constructed in a Cluster Development than would be permitted in a conventional single family development on the same site. 3. In Cluster Development made up of individual lots, each lot may be reduced in size up to 50% from the minimum size allowed in the zoning district in which the site is located. Where on-site sewage disposal is required, a minimum lot area of 40,000 square feet shall be required. 4. The Townhouse or Rowhouse Development without individual lots, the area allocated to buildings, streets, parking and storage areas shall not exceed 50% of the building site area if the maximum number of allowable units are proposed. The area allocated to buildings, streets, parking and storage area may be reduced from 50% of total building site area in a ratio equival 9-Special Permits. 15.8.1 Approval The Planning Board shall approve an application based on its review of the projected development impacts and the proposed methods of mitigating such impacts upon a finding that the proposed development is in conformance with this By-law. The Planning Board may impose conditions on a site plan, which although in proper form, depicts a use or structure that fails to comply with the objectives required by this By-law and when, in the opinion of the Planning Board, such conditions will render the site plan in compliance with the objectives of this By-law. Such conditions may include, among other matters and subjects, the following: - Controls on the location and type of access to the site. - Requirements for off-site improvements to improve the capacity and safety of roads, intersections, pedestrian ways, water, sewer, drainage, and other public facilities which are likely to be affected by the proposed development. - Requirements for securing the performance of all proposed work, including proposed off-site improvements, by deposit with the Town's Treasurer of a performance bond, negotiable security, cash, or bank passbook in an amount determined by the Planning Board to be sufficient to cover the cost of all or any part of the improvements required as conditions of approval; - Conditions to minimize off-site impacts on traffic and environmental quality during construction. - Requirements for screening parking facilities from adjoining premises or from the street by walls, fences, plantings, or other devices to mitigate adverse impacts. - Conditions to mitigate adverse impacts to the neighborhood and abutters, including but not limited to adverse impacts cause by noise, dust fumes, odors, lighting, headlight glare, hours of operation. Development work shall conform fully to the approved Site Plan, associated conditions, limitations and safeguards. Any proposed changes to the approve Site Plan must be submitted for review by the Planning Board before such change is mad Is there a town-wide annual or biannual cap on residential permits issued, and/or is project phasing required? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know." "[INST] Context: permit granting authority under the same terms and conditions as specified in 4.4.9(b)(2) of this ordinance. (Ord. of 8-25-88, § 4) (3) Each unit must have a minimum lot size of not less than ten thousand (10,000) square feet in addition to common areas and roads except in the case of bonus densities granted under 4.4.9(c)(2) in which case minimum lot size will be not less than eight thousand (8,000) square feet in addition to common area and roads. (Ord. of 8-25-88, § 5) (4) Single-story houses shall not be entirely rectangular, but present a street facade varied by setbacks, porches, breezeways, garages, etc. (5) Roofs shall be pitched and shingled in a manner compatible with one family dwellings. (6) The narrow end of a rectangular house may not face the street unless a garage and/or breezeway creates a larger facade. (d) Procedures. (1) Pre-application Conference: A developer desiring to obtain a special permit to construct a planned residential development shall request a pre-application conference with the planning board prior to submitting an application for the special permit. At the pre-application conference, the planning board shall familiarize the developer with the process for obtaining a special permit for a PRD and explain to him issues that shall be considered in planning the project. (2) Submission of Definitive Plan: a. The applicant shall submit to the special permit granting authority an application for a special permit hereunder accompanied by the original of the definitive plan. Seventeen (17) copies of the application and definitive plan shall also be filed in the city clerk's office. A fee of one hundred dollars ($100.00) by bank or certified check payable to the City of Peabody shall accompany the submission of the application and plan. In addition, the applicant shall pay the cost of advertisement and notification of all ""parties in interest"" as defined in G.L., c. 40A, §11. b. The city clerk shall transmit a copy of the definitive plan to the planning board, conservation commission, expiration of the said thirty (30) day period, after which time the said building inspector may act, notwithstanding the failure of the said planning board or the said director of public services to make any recommendations as aforesaid. 7.2.4 Time limit on permit as related to ordinance amendment. Construction or operations under a building or special permit shall conform to any subsequent amendment of this ordinance unless the use or construction authorized by said permit is commenced within a period of not more than six (6) months after the issuance of the permit and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. 7.2.5 Restriction on Number of Building Permits for New Single Family Residential Dwellings. The number of Building Permits for new single family residential dwellings issued by the Inspector of Buildings shall be limited to fifty (50) per calendar year. 7.3 TEMPORARY PERMIT The building inspector may issue temporary and conditional permits for structures and uses which do not conform to the regulations herein prescribed for use in connection with the construction of permitted structures and uses, provided that no such permit shall be for more than a one-year period, subject to renewal in case of need. No temporary permit shall be issued for a use of a permanent nature. (Ord. of 6-27-78, § 1(7.3)) 7.4 CERTIFICATE OF OCCUPANCY No building or mobile home erected, altered or in any way changed as to construction or use, under a permit or otherwise, and no land used, except as provided herein, shall be occupied or used without a certificate of occupancy signed by the board of health and the building inspector, which may be on or separate from the building permit and which shall not be issued until the building and its uses and accessory uses and the use of all land comply in all respects with this ordinance and with the permit. 7.5 PENALTY Any person, firm or corporation viola s in specified districts which are in harmony with the general purposes and intent of this ordinance and which shall be subject to any general or specific rules prescribed herein and to any appropriate conditions, safeguards and limitations on time and use. A special permit shall lapse within a two-year period or a shorter period if so specified and if a substantial use thereof has not sooner commenced except for good cause or in the case of a permit for construction if construction has not begun within the period except for good cause. 7.7.2 Rules. The city council acting as the special permit granting authority shall adopt rules and procedures not inconsistent with this ordinance and the provisions of Massachusetts General Laws, Chapter 40A for the conduct of its business in granting a special permit as authorized by subsection 7.7.1 and shall file a copy thereof with the city clerk. Said rules shall be similar to those required of the board of appeals under subsection 7.6.4 herein. 7.7.3 Procedures. An application for a special permit shall be submitted to the city council acting as the special permit granting authority for uses designated in subsection 4.2 schedule of use regulations and where a special permit is required in other subsections of this ordinance, except that an application for a special permit for a cluster development under section 4.4.4 shall be filed with the Peabody Planning Board, designated as the special permit granting authority for cluster developments only. The city council shall be the special permit granting authority for the hillside protection overlay district under section 4.4.12. The planning board shall hold a public hearing on the application filed with the city council. Said hearing shall be held within forty-five (45) days of receipt of the application by the planning board, and they shall make a recommendation as they deem appropriate to the city council; provided, however, that if the planning board fails to make recommendations within twenty-one in a prominent place on the lot or structure for which it was issued. 7.2.3 Building permit plan. Each application for a building permit for other than a single-family or a two-family dwelling house shall be accompanied by a building permit plan. Said plan shall show the existing and proposed building or buildings and structures, including type of construction and building materials, the driveway, parking area, facilities for sewerage and surface water drainage, fences, walls, and walks, existing and proposed topography at a two (2) foot contour interval, and such other matters as may be appropriate. In the case of applications with respect to buildings, seventeen (17) copies of the accompanying plan shall be filed with the city clerk: One (1) copy of said plan shall be forwarded by the city clerk to the community development authority for its review and recommendations, if any; one (1) copy of the said plan shall be forwarded by the city clerk to the board of health, one (1) copy of the said plan shall be forwarded by the city clerk to the city council; one (1) copy of the plan shall be forwarded by the city clerk to the conservation commission; one (1) copy of the said plan shall be forwarded by the city clerk to the department of public services; one (1) copy of the said plan shall be forwarded by the city clerk to the building inspector; eleven (11) copies of the said plan shall be forwarded by the city clerk together with a linen or other reproducible copy of the said plan, to the planning board. (Ord. of 3-18-80, § 1(7.2)) The said planning board and the director of the said department of public services shall have thirty (30) days within which to make recommendations, if any, that they shall deem advisable to the building inspector. No building permit shall be issued until the expiration of the said thirty (30) day period, after which time the said building inspector may act, notwithstanding the failure of the said planning board or the said director of public services to make any r Section 7: Administration 7.1 ENFORCEMENT Except as otherwise provided, this ordinance shall be enforced by the building inspector. He shall approve no applications or plans or specifications or intended uses of any kind which are not in all respects in conformity with this ordinance. If the building inspector is requested in writing to enforce a provision or provisions of this ordinance against any person allegedly in violation of the same and such officer declines to act, he shall notify, in writing, the party requesting such enforcement of any action or refusal to act, and the reasons therefor, within fourteen (14) days of receipt of such request. 7.2 BUILDING PERMIT 7.2.1 Permit requirement. No building shall be constructed, reconstructed or moved and no use of land or building shall be begun or changed without a permit having first been issued by the building inspector. No such permit shall be issued until such proposed construction, alteration, or use, as proposed, shall comply in all respects with the provisions of this ordinance or with a decision of the board of appeals or the city council. 7.2.2 Plat of lot. All applications for building permits shall be accompanied by a plat of the lot and six (6) copies drawn to scale, showing the actual dimensions of the lot location and size of buildings already upon the lot, and of the additions, building or buildings to be erected, with notation of use of parts, together with streets and alleys on and adjacent to the lot. One copy of such applications and plats shall be kept on file in the office of the building inspector, a copy of the plat shall be returned with the permit to the applicant. The planning board shall receive a copy of all permits issued within two (2) weeks after issuance. A copy of the permit shall be displayed in a prominent place on the lot or structure for which it was issued. 7.2.3 Building permit plan. Each application for a building permit for other than a single-family or a two-family dwelling house shal Is there a town-wide annual or biannual cap on residential permits issued, and/or is project phasing required? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: not usually emptied after use or which customarily remain filled for the season. 5500. ENVIRONMENTAL STANDARDS 5510. General. No land or building in a Commercial or Industrial District or land or building which is subject to a special permit in any other district shall be used, occupied or operated in such a manner as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration, smoke, dust, dirt or other form of air or water pollution; electrical or other disturbances; glare or other substance, condition or element in such amount as to adversely affect the surrounding area or premises. The following standards shall apply in addition to any other standards set forth in the Town Bylaws and the statutes and regulations of the commonwealth and the federal government. 5520. Standards The following performance standards shall apply in the issuance of any permit: 5521. Outdoor Lighting. Any outdoor lighting device, including but not limited to signs, shall employ only lights emitting a light of constant intensity. In no event shall a lighting device be so placed or directed as to permit the beam and illumination therefrom to be directed or beamed upon a public street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or other nuisance. No such lighting shall be erected so as to obstruct traffic sight lines for drivers or pedestrians. a. Glare. No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise, shall be permitted so as to be visible at the lot line of the premises. This restriction shall not apply to signs otherwise permitted by the provisions of this Zoning Bylaw. 5522. Fire and Explosion Hazards. All activities involving and all storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and to approve any related plan for subdivision, nor reduce any time periods for Board consideration under the law. However, in order to facilitate processing, the Planning Board may, insofar as practical under existing law, accept a combined plan and application which shall satisfy both this section and the Board's regulations under the Subdivision Control Act. 7350. Conditions. Where a special permit for multifamily residential development is granted which is not subject to subdivision control, the Planning Board shall impose all or such part of its subdivision control requirements as it deems advisable as conditions upon its permit, including but not limited to the construction of roads and driveways, drainage facilities and other facilities and utilities, and shall require a bond or covenant in the manner prescribed in the subdivision regulations to secure performance of the entire plan for multifamily residential development as approved for special permit. 7400. TRAILERS 7410. General No person shall use or permit to be used for dwelling purposes within the town any trailer or similar mobile equipment, whether registered or unregistered, mobile or immobile, except that mobile trailers may be used for temporary dwelling purposes, provided that such use is licensed by the Selectmen, said license to be applied for by the occupant within three days after the unit is located in the town and with no license granted hereunder to be for a period exceeding six calendar months. 7420. Preexisting Trailers. The above restrictions shall not apply to trailers which are presently or are hereafter placed in any trailer park already in existence in the town or to any existing trailer presently being used for dwelling purposes, which trailers shall be subject to and limited by licenses, if any, presently in effect. 7421. Such trailers may be replaced by a trailer not more than 20% larger in volume than the lawfully preexisting trailer. 7500. REAR LOTS 7510. General In a Rural, Town Suburban or Recreational Residential District, a building and occupancy permit for one (1) single family dwelling unit may be issued notwithstanding the minimum frontage requirements set forth in Section 4000, subject to 9350. Plans. Unless otherwise provided in the rules and regulations of the Special Permit Granting Authority, an applicant for a special permit shall submit a plan in substantial conformance with the requirements of Section 9452, herein. 9360. Regulations; Fees. The special permit granting authority may adopt rules and regulations for the administration of this section, including reasonable administrative fees and technical review fees for applications for special permits. 9370. Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 24 months following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in G.L. c. 40A, s. 17, from the grant thereof) with the Town Clerk. 9400. SITE PLAN REVIEW 9410. Applicability. The following types of activities and uses require site plan review by the Planning Board: 9411. Except for single and two-family dwellings or their accessory uses, minor site plan approval shall be required for the construction, exterior alteration, conversion, expansion or change in use of a structure that will have not more than three thousand (3,000) square feet of gross area, including all usable space, and for additions which will extend a structure to not more than three thousand (3,000) square feet of gross area. 9412. Except for single and two-family dwellings or their accessory uses, major site plan approval shall be required for the construction, exterior alteration, conversion, expansion or change in use of a structure that will have more than three thousand (3,000) square feet of gross area, including all usable space, and for additions which will extend a structure to more than three thousand (3,000) square feet of gross area and for any building construction proposing to incorporate a drive-through or drive-up window. 9413. Construction or expansion of six or more parking spaces for a use other than single or two-f 0 square feet or more on a single lot, even if less than half the lot area, shall be allowed only under special permit from the Planning Board, which shall be granted only upon demonstration that adequate provisions have been made to protect against erosion, soil instability, uncontrolled surface water runoff, or other environmental degradation. Applications and plans for such special permits shall be referred to the Conservation Commission for its advisory review. 5532. All such slopes exceeding 15% which result from site grading or construction activities shall either, be covered with topsoil to a depth of 4 inches and planted with vegetative cover sufficient to prevent erosion or be retained by a wall constructed of masonry, reinforced concrete or treated pile or timber. 5533. No area or areas totaling 20,000 square feet or more on any parcel or contiguous parcels in the same ownership shall have existing vegetation clear-stripped or be filled 6 inches or more so as to destroy existing vegetation unless in conjunction with agricultural activity, or unless necessarily incidental to construction on the premises under a currently valid building permit, or unless within streets which are either public or designated on an approved subdivision plan, or unless a special permit is approved by the Planning Board on condition that runoff will be controlled, erosion avoided, and either a constructed surface or cover vegetation will be provided not later than the first full spring season immediately following completion of the stripping operation. No stripped area or areas which are allowed by special permit shall remain through the winter without a temporary cover of winter rye or similar plant material being provided for soil control, except in the case of agricultural activity where such temporary cover would be infeasible. 5534. The Building Commissioner may require the submission of all information from the building permit applicant or the landowner, in addition to that otherwise specified herein, n addition to the issuance of a permit for building, use or zoning certificate of occupancy. Those to whom the applications are referred shall report the results of their review to the Building Inspector and the applicant within fourteen (14) days of the receipt of a copy of the application. Failure to make a report shall not delay the issuance of a permit for building, use or zoning certificate of occupancy, nor shall it constitute approval of the proposed use by a board or agency failing to respond. 9150. Decision. 9151. The Building Inspector shall have thirty (30) days from the date of the filing of a complete application for a permit for building or use within which to issue or deny the permit. In the case of a denial, the Building Inspector shall specify in detail where the applicant's proposal is not in compliance, referencing specific sections of this chapter. 9152. The Building Inspector shall have thirty (30) days from the date of the filing of a completed application form and filing fee for a zoning certificate of occupancy within which to issue a certificate, issue a temporary certificate or deny the certificate. In the case of denial, the Building Inspector shall specify in detail where the applicant's proposal is not in compliance with a section in this chapter or a condition in a special permit, variance or other zoning permit. 9160. Enforcement. The Building Commissioner shall institute and take any and all such action as may be necessary to enforce full compliance with any and all of the provisions of this Bylaw and of permits and variances issued thereunder, including notification of noncompliance and request for legal action through the Selectmen to Town Counsel. 9170. Penalties. The penalty for violation of any provision of this Bylaw, of any of the conditions under which a permit is issued, or of any decision rendered by the Board of Appeals shall be Three Hundred dollars ($300.00) for each offense. Each day that each violation continues shall constitute a separate offense. 91 Is there a town-wide annual or biannual cap on residential permits issued, and/or is project phasing required? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know." "[INST] Context: ice, including copies of any plans, of cases where land that has been previously divided within the calendar year, is having additional lots being created within the same calendar year. E. Applicability, Effect and Definitions (a) For the purpose of this section, a calendar year will run from January 1st of a given year to January 1st of a following year. (b) For the purpose of this section, percentage shall be rounded to the nearest whole number. (c) For the purpose of this section, the following terms shall have the following meanings: (1) DEVELOPMENT shall mean a single parcel or set of contiguous parcels of land held in common ownership at any time on or after the date of adoption of this section, for which one or more building permits will be sought. (2) PHASE DEVELOPMENT SCHEDULE shall mean a schedule authorized by the Planning Board in accordance with Subsection F of this section. F. Phase Development Schedule For lots created through the division of land, of five (5) lots or greater, the Building Inspector shall only issue building permits (and other associated permits) for construction of new residential dwellings in accordance with the following phase development schedule: Number of Lots Building Permits issued per year Conventional Subdivision Development 5-19 up to 5 lots 20% of total 20 + Residential Cluster Development 5-19 up to 10 lots 20 + 25% total 2.15 Senior Village Overlay District A. Purpose A Senior Housing Development (SHD), as approved by the Special Permit Granting Authority (Planning Board ), is intended to provide a type of housing which reduces residents' burdens of property maintenance and which reduces demands on municipal services; to promote flexibility in land use planning in order to improve site layouts; to protect natural features and environmental values of land; and to utilize land in harmony with neighboring properties; encourage creative and innovative site planning and design in order to enhance the attractiveness and suitability of smaller homes as a prefer by-law and shall hear and decide applications for special permits subject to the special and general conditions of this by-law. No special permit may be issued except following a public hearing held within sixty-five days after the filing of an application with the Board of Appeals, a copy of which shall be forthwith given to the Town Clerk by the applicant. If substantial use or construction under a special permit has not commenced within two years after the issuance of such permit, except for a good cause and including any time needed to await the determination of any court appeal, the special permit shall lapse and become void. 1.4.3 Variances The Board of Appeals may authorize upon appeal, or upon petition with respect to particular land or to structures thereon a variance from the terms of this By-Law where, owing to circumstances relating to the soil conditions, shape, or topography of such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this By-Law would involve substantial hardship, financial or otherwise, to the appellant, and where desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this By-Law, but not otherwise. 1.5 Amendments This By-Law may be amended from time to time at any annual or special town meeting in accordance with the provisions of Section 5 of Chapter 40A. 1.6 Validity The invalidity of any section or provision of the By-Law shall not invalidate any other section or provision thereof. 1.7 Applicability Where the application of this By-Law imposes greater restrictions than those imposed by any other regulations, permits, restrictions, easements, covenants, or agreements, the provisions of this By-Law shall govern. 1.8 Effective Date This By-Law and any amendments thereto shall take effect on the date of adoption or any amendment is voted by the town meeting if approval by the att uirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations. 3.14.4 Administrative Procedure The Planning Board as the permit authority shall adopt rules relative to the issuance of development permits and file a copy with the Town Clerk. 3.14.5 Information Requirements Application for a Development Permit shall be made on forms furnished by the Planning Board, and may include, but not be limited to, plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage and location. Specifically required: a. locus plan; b. existing and proposed buildings; c. elevation in relation to mean sea level, of the lowest floor (including basement or cellar) of all structures; d. elevation in relation to mean sea level to which any structure has been floodproofed; e. certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in this article; f. description of the extent to which any water course will be altered or relocated as a result of proposed development; and g. plans for any walls to be used to enclose space below the base flood level. 3.14.6 Review Procedure At a properly posted Planning Board meeting, the Board shall examine and review the permit application to ensure the following concerns have been addressed: a. Within the floodway no encroachments (including fill, new construction, substantial improvements to existing structures, or other development) shall be allowed unless it is* as a result of compensating actions, will not result in any increase in flood levels within the Town during the occurrence of a 100-year flood in accordance with the Federal Emergency Management Agency's regulations for the National Flood Insurance Program. b. Any encroachment in the floodw rovisions relating to operational standards and permit procedures shall apply. G. Performance Bond: The Board of Appeals shall require that a performance bond, of a surety company authorized to do business in the Commonwealth of Massachusetts, be posted, in an amount determined by the Board of Appeals, as sufficient to guarantee conformity with the provisions of any permit issued hereunder. Cash may be deposited with the Treasurer of the town, to be held by the town as surety, in an amount equal to the surety required, in place of a bond. Such bond, and/or cash, shall not be released until there is filed with the Board of Appeals a certification from a registered engineer and an approval from: the Planning Board and the Zoning Enforcement Officer (Building Inspector) that the site conditions at the completion of all work are in accordance with the requirements of the permit. (Amended STM 10/13/94) 2.13.0 Residential Cluster Development A. Statement of Purposes: A residential cluster development may be authorized by special permit in the Town of Plainville in order to achieve the following objectives: 1. Flexible and sensitive site design; 2. Promotion of measures to ensure compatibility of growth and sensitivity to the natural environment; 3. Enhancement of residential and community amenities by provision of open space; 4. Promotion of economical and efficient use of roads, water and sewer lines and other related infrastructure; 5. Promotion of diverse and energy-efficient housing at a variety of costs; and 6. Protection of water bodies and supplies, wetlands, floodplains, agricultural lands, wildlife, and other natural resources. B. Definition and Applicability: Residential cluster development means a residential development in which the buildings and accessory uses are clustered together into one or more groups separated from adjacent property and other groups within the development by intervening open land, unless deemed otherwise by the special permit granting authority. A.residential clus 9.11 Inspection: Upon completion of each of the following construction phases and at least 24 hours !Saturdays, Sundays, and Holidays excluded) before the work is covered up, backfilled, or the next phase commences, the appropriate Town official or Board shall be notified and given the opportunity to inspect the work. a. Excavation b. Fill c. Gravel foundations d. Bottom or base bituminous concrete placement e. Utility trenching f. Water pipe and appurtenances installation g. Pipe laying -- drains and culverts h. Catch basins and manhole construction i. Loaming and seeding j. Shade tree planting k. Final bituminous surface l. Backfill and compaction If work is covered without opportunity for inspection as specified above, it will not be accepted and the developer will be required to open or re-do the phases not inspected. 9.12 Time Limitation: The construction of the roads and municipal services required under these rules and regulations shall be completed within two years from the date of endorsement of the plan. Failure to so complete the construction of roads and the installation of municipal services within the specified two year period shall automatically rescind approval of the plan. 9.13 Status Report: The applicant shall report the status of the construction, installation and completion of the subdivision to the Board every six (6) months from the date the Definitive Plan is approved to the final completion of the subdivision. Such reports may be made at a regularly scheduled Planning Board meeting or may be made in writing. 9.14 Building Permits: It is mandatory that a developer complete all roadwork before issuance of building permits. The only exception being the final bituminous concrete finish coat. If it is necessary the Board can allow station by station completion of the roadwork. Is there a town-wide annual or biannual cap on residential permits issued, and/or is project phasing required? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: s been denied a special permit due to an inability to conform to Adequate Public Facility Conditions or an owner who has been issued a spacial permit vesting a present right to future development pursuant to Subsection G., Infra, may appeal to the Board of Assessors, in conformity with Chapter 59, Section 59, Massachusetts General Laws Annotated, for a determination as to the extent to which such temporary restriction on the use of such land shall affect the evaluation placed on such land use for purposes of real estate taxation and such assessed valuation may be reduced as determined appropriate to reflect such temporary restriction for its duration. G. Appeals Any person aggrieved by a decision of the Planning Board either granting or denying a special permit pursuant to this section, whether or not previously a party to the proceeding, may appeal to the Superior Court in accordance with Chapter 40A, Section 17, Mass. General Laws Annotated. 500.02 Residential Development Phasing A. Purpose and Intent The Town of Plymouth has been experiencing significant, growth pressure for the past two decades. The high rate of growth has created critical demands for public, services and facilities which cannot be met in a timely and cost-effective manner. As a result, there has been an erosion of public services and eventually there will be deterioration of public safety and welfare, in the absence of mitigating measures. Accordingly, it is the intent of this section to regulate the rate at which residential construction occurs without imposing undue economic burden on those involved in housing development. Residential development phasing will insure that periods of accelerated residential growth will not disrupt the Town of Plymouth's long term capital improvements planning process nor adversely affect public safety or general welfare of Town residents. The phasing procedures contained herein are consistent with the ""Refined Village Centers Plan"" - The adopted comprehensive plan for the Town. App he Planning Board as ""Approval Under the Subdivision Control Law Not Required"", by virtue of M.G.L. Chapter 40A, Section 6 (6th paragraph), for three years from the date of such endorsement; 4. Units within a Rural Density Development, if: A) The parcel on which such units are located is permanently restricted to a density of no more than one-half of the maximum density achievable under applicable bylaws and regulations; and B) The applicant submits plans or other pertinent documentation to demonstrate the maximum number of units achievable on said lot; 5. Units within a development (""Low Density Development""), defined as one in which: A) The parcel on which such units are located is permanently restricted to a density of no more than one-third of the maximum density achievable under applicable bylaws and regulations; and B) The applicant submits plans or other pertinent documentation to demonstrate the maximum number of units achievable on said lot. C) ""Protected Units"" (units counting toward Limitations) Building permits for the following new dwelling units located within the foregoing.districts shall count toward the foregoing limitation: 1. Units on lots on a plan endorsed by the Planning Board as ""Approval Under the Subdivision Control Law Required"", if grandfathered from these limitations by virtue of. M.G.L. Chapter 40A, Section 6 (7th paragraph), for eight years from the date of such; endorsement. D) Sunset Provision This section shall be effective as of April 10, 2002 and shall continue until the final adjournment of the 2005 Annual Town Meeting, unless sooner r M. G. L. Chapter 40A in which a subdivision is not affected by zoning changes is hereby extended during the duration of thus bylaw so as to protect such subdivision against further changes in use and density and dimensional requirements. C. Procedures 1. Village Services Areas - Issuance of building permits by the Building Inspector for new dwelling units in the R40, R25, R20SL, R20MD, and R20MF Zoning Districts shall be limited in any calendar year to 12.5% of the total units in applicable land parcels as defined above or ten (10) units, whichever is the greater: Should the density be calculated at or less than one (1) dwelling unit per 60,000 square feet, all phasing requirements shall be deemed inapplicable. 2. Rural Service Areas - Issuance of building permits by the Building Inspector for new dwelling units in the Rural Residential Zoning district shall be limited in any calendar year to the percent of the total units in land parcels as defined above or to the applicable number of units, whichever is greater, in accordance with the following schedule. Density is calculated at or less than the referenced square footage. Rural Service Areas - Phasing Schedule If a definitive plan, or a preliminary plan followed within seven months by a definitive plan; was submitted to the Planning Board for approval under the subdivision control law, and written notice of such submission has been given to the Town Clerk before November 14, 1995, the land shown on said plan shall be governed by the following phasing schedule, notwithstanding the fact that the land shown on such plan may be located in different zoning districts or may be developed under different special permits for different zoning districts: Density/(Sq. Et.),Percent Year,Units/Year ""60,000"",6.25%,5 ""80,000"",9%,7 ""100,000"",17%,13 ""120,000"",100%, For all other subdivisions the following phasing schedule shall apply such schedule may vary as provided for in paragraph 3. Density/Sq. Ft.,Percent/Year,Units/Year ""12 elopment consistent with the availability and adequacy of public facilities necessary to support development and to protect the public health, safety and welfare. The phasing of development, based on public facility conditions, will provide for orderly growth and development to meet projected demands while discouraging sprawl and leapfrog development patterns which create service inefficiencies, increase costs and cause scattered facility demands. Thus, for certain residential uses prescribed by Zoning District in part IV of the Zoning Bylaw, the Planning Board shall not grant a special permit unless the specified Adequate Facility Conditions are satisfied. This section is intended to provide for a detailed review by the Planning Board, aided by other Town boards, or residential uses at densities which will have a significant impact on the health, safety, and general welfare of the Town and its inhabitants due to their location and impact on or need for supporting public facilities. This provision is adopted pursuant to the authority of and purposes specified in the Zoning Act (Chapter 40A, Massachusetts General Laws annotated) which empowers Towns, among other things, to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other requirements; to conserve natural resources; and to encourage the most appropriate use of land throughout the community. B. Special Permit Required for Village Density Development 1. Except for cases specifically exempted below, prior to the issuance of any zoning permit for village density development, the applicant shall be required to obtain a special permit from the Planning Board. This requirement shall apply to developments approved after the effective date of this bylaw other than those exempted by state statute. 2. Inapplicability: This bylaw shall not apply to developments of one or more single-family units at a net density of one unit per sixty thousand (60,000) square feet or less: provided, however, that such de and other pertinent features of the plan. 3) The Building Inspector or other appropriate agents of the Town may advise the applicant as to the following: +++General suitability of the site and location of the proposed development: +++Suitability of the basic design concept, including land use, circulation, and open space; +++The appropriateness of the intensity of development, overall and in specific sectors; +++Appropriate treatment of the natural features of the site and requirements concerning their protection and advisory review by the Conservation Commission; +++Requirements concerning design and siting of structures and accessories, and advisory review by the Design Review Board; +++Information required for proper application to the Board of Appeals for Special Permit. 4) The Building Inspector shall transmit copies of the schematic plan to the Planning Board and may advise the applicant of a suitable time for submitting the application for special permit to the Board of Appeals. C) Final Submission to Building Inspector Once a special permit has been issued by the Board of Appeals the application for a zoning permit shall be filed again with the Building Inspector accompanied by the definitive plan, if any, approved by the Board of Appeals. In cases where the setbacks of single family houses have been prescribed in the special permit, the Building Inspector shall verify that the zoning permit application for each lot is in conformity with the special permit. 201.04 Expiration of Permits. A) Zoning Permits. If the use or construction described in any zoning permits has not begun within one (1) year of the date of issue, and, in the case of construction, is not continued through to completion as continuously and expeditiously as possible, the permit shall expire and the Building Inspector shall given written notice thereof to the persons affected. Work shall not proceed until a new zoning permit has been issued in conformance with the Zoning Bylaw in effect at the time of reissue. B) Building Permits. If the use or construction authorized by Is there a town-wide annual or biannual cap on residential permits issued, and/or is project phasing required? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: Town Charter and § 139-2E of the Town Bylaws. [Added 5-5-2008 ATM, Art. 68] C. In considering each application for a special permit, the granting authority shall: (1) Conduct a public Hearing held within 65 days after filing of an application by certified mail with the granting authority, a copy of which shall also be sent by certified mail to the Town Clerk. The date of filing shall be the postmark date of the application. When an application requires a number of copies of plans, specifications, and other supporting documents, the application shall be filed by mail as above, and the supporting data delivered by the applicant to the granting authority within five days of the postmark date of the application; (2) Take final action upon an application within 90 days following a public hearing for which notice has been given as provided in MGL c. 40A, § 11. D. Revocation/lapse of special permits. (1) Any special permit shall be suspended or revoked for breach of the conditions contained therein. (2) Upon such revocation or suspension, the Granting Authority shall give written notice and reasons therefore to the permit holder. Upon such written notice, the Enforcement Officer shall issue an order to stop all activity under the permit. (3) The permit holder may, within 14 days, take action to eliminate the alleged breach of conditions and, by written request, may obtain an inspection by the Enforcement Officer. The latter shall immediately report his findings in writing to the Granting Authority, with a copy to the permit holder. If the alleged breach of conditions has been eliminated, the suspension or revocation of the permit shall automatically terminate as of the date of the Enforcement Officer's report. If the permit holder does not avail himself of the above procedure within the allotted time period, the permit shall be considered permanently revoked. (4) The stop order described above may be appealed to the Zoning Board of Appeals, as provided in Article XII of this bylaw. Pending the decision of the Board, the stop order shall remain in effect and all activity under the permit shall be suspended. (5) A special permit granted under this section shall lapse if a substantial use t al condition or be densely planted and in the opinion of the SPGA, provide suitable screening of abutting properties, except for access roadways. The SPGA may reduce the width of the buffer at appropriate locations, taking into account the character of open space use of abutting properties or the existence or requirement of buffer thereon. § 415-66. Building and dwelling unit requirements. A. No building or structure shall have a height greater than 36 feet or three stories. B. Dwelling units shall contain no more than two bedrooms. All dwelling units shall be detached or attached only along sidewalls in the so-called ""townhouse"" style, and no building shall contain more than four units. No mobile homes shall be allowed. C. Accessory buildings and structures for use by residents and their guests may be permitted, including clubhouse or community center, swimming pool, and tennis court, as well as storage and maintenance structures intended to service the PRDS. Such accessory buildings and structures shall be shown on the site plan. D. Multiple buildings shall be allowed on a single lot. E. Architectural style shall be in harmony with the prevailing character and scale of buildings in the neighborhood and the Town through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. Variation in detail, form and siting shall be used to provide visual interest and avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate light, air, circulation, and separation between buildings. § 415-67. Land use density. The total number of dwelling units shall be limited to four units per upland acre. For purposes of the dwelling unit calculation, the land area used shall not include any wetlands as defined by the Massachusetts Wetlands Protection Act. § 415-68. Total number of PRDS units in Town. The SPGA shall not approve a Special Permit for a PRDS which would cause the total number of PRDS dwelling units for which Special Permits have been issued ( fied within this bylaw which shall only be permitted upon issuance of a special permit. Special permits may be issued only for uses which are in harmony with the general purpose and intent of the bylaw, and shall be subject to the specific provisions established herein. Such permits may also impose conditions, safeguards, and limitations on time or use. B. Granting authority. (1) The Zoning Board of Appeals is designated as the granting authority for special permits as required under Article IV, Schedule of Permitted Uses, Uses Requiring Special Permit (except for Planned Unit Developments), § 415-22E, Land alteration regulations, and § 415-38, Shopping centers. Special permits may be granted upon application to the Zoning Board of Appeals and after consideration of recommendations as appropriate from other Town Boards and Agencies. (2) The Planning Board is designated as the Special Permit Granting Authority for Special Permits as required under Article VII, Planned Unit Developments, and Article IX, Planned Residential Development for Seniors, and as the reviewing authority for action under Article VIII, Site Plan Review. (3) The Special Permit Granting Authority shall adopt and from time to time amend rules relative to the issuance of such permits, and shall file a copy of said rules in the office of the Town Clerk. (4) There shall be one associate member of the Planning Board, who shall be eligible to participate solely in matters in which the Planning Board is acting as the Special Permit Granting Authority, in accordance with MGL c. 40A, § 9. The chairman of the Planning Board may designate the associate member to sit on the Planning Board for the purposes of acting on a special permit application, in the case of absence, inability to act, or conflict of interest, on the part of any member of the Planning Board or in the event of a vacancy on the Planning Board. The associate member shall be appointed for a two-year term by the Board of Selectmen, in accordance with § C-2.02K of the Town Charter and § 139-2E of the Town Bylaws. [Added 5-5-2008 ATM, Art. 68] C. In considering each application for a special permit, the granting authority shall: (1) Conduct a public Hearing held within f conservation trail easements for the benefit of the public shall be encouraged, where appropriate. If the common land or any portion thereof is not conveyed to the Town of Rockland, a perpetual restriction, approved by the SPGA and enforceable by the Town of Rockland, shall be imposed on the use of such land, providing in substance that the land be kept in its open or natural state and that the land shall not be built upon or developed or used except in accordance with the provisions for a PRDS and, if applicable, as further specified in the decision of the SPGA governing the individual PRDS. At the time of its conveyance, the common land shall be free of all encumbrances, mortgages, tax liens or other claims, except as to easements, restrictions and encumbrances required or permitted by this bylaw. § 415-75. Affordable units. At least 10% of the total number of units in the PRDS shall be developed as affordable housing for persons of low or moderate income, as defined under the regulations of the Department of Housing and Community Development, and shall meet the requirements for Local Initiative Program (LIP) units or otherwise qualify so as to be included in the computation of the total of affordable housing units in the Town of Rockland under the provisions of MGL c. 40B, §§ 20 to 23. The affordable units shall be marketed through a housing organization approved by the SPGA, and shall be subject to resale restrictions that assure continued affordability in perpetuity. The applicant shall submit copies of proposed deed riders and covenants to impose resale restrictions, conforming to state regulatory requirements for affordable units. § 415-76. Time limits for construction. A Special Permit granted under this section shall lapse if construction has not begun within two years, or has not been completed within four years, from the date on which the decision of the SPGA is filed with the Town Clerk (not including time required to pursue or await the determination of an appeal pursuant to MGL c. 40A, § 17), except for good cause. § 415- noted below. (2) Chimneys, steeples, water towers, and television antennae may be erected to their height, but no tower, other than a church steeple or tower of a public building, shall exceed the height regulations by more than 40%. Other towers shall require a special permit to be issued by the Board of Appeals. (3) No tower shall be used as a place of habitation. (4) No sign of any kind shall be inscribed upon or attached to any chimney, tower, tank, or other structure which extends above the height limitations. D. Landscaping regulations. (1) Unenclosed non-residential uses. Any non-residential unenclosed use and/or storage area, as may be permitted according to this bylaw, shall be fenced, screened or sufficiently landscaped to obscure such uses or storage areas from abutting properties or rights-of-way. Such uses shall include but not necessarily be limited to building supply stores, automobile sales and service establishments, industrial uses and other comparable uses. (2) Maintenance requirements. Any fencing or landscaping installed in accordance with this bylaw shall be maintained in good order to achieve the objectives of this section. Failure to maintain fencing or replace dead or diseased landscaping shall be considered a violation of this bylaw. E. Land alteration regulations. (1) No gravel, loam, sand, clay, soil or quarried stone shall be removed from land in any zone, excluding residential zones, in the Town without a permit from the Zoning Board of Appeals after a public hearing, an approved site plan from the Planning Board consistent with its rules and regulations relating to earth removal, and under such conditions as the Board of Appeals may see fit to impose and make a part of the permit. No permit may be granted under this section unless the applicant has submitted to the Secretary of the Board, at least seven days prior to the date of the hearing, a topographical plan of the premises in question, prepared by a registered land surveyor or registered professional engineer, showing specifically the boundaries and dimensions of the premises, the location and dim Is there a town-wide annual or biannual cap on residential permits issued, and/or is project phasing required? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know" "[INST] Context: ns: (a) Building permits shall not be issued authorizing the construction of more than twenty-four (24) new single family dwellings in the Town in any twelve (12) month period. The number of permits allowed for new single family dwellings in any month shall equal twenty-four (24) minus the number of such dwellings that have been authorized (exclusive of unused authorizations that have expired or been withdrawn) in the preceding eleven (11) months. Subject to the provisions of section 8.5.1(b), applications for building permits for new single family dwellings shall be held and acted upon in chronological order based on the date of the filing of a complete application with the Building Inspector. (b) Building permits shall not be issued authorizing the construction of more than four (4) new single family dwellings in any twelve (12) month period on any set of lots created from land that was contiguous and held in common ownership at any time on or after the effective date of this section. 8.5.2 The limitations of section 8.5.1 are subject to the following exceptions: (a) For new single family dwellings established as part of an Open Space Residential Development approved under section 6.4 of the Bylaw, the limitation of section 8.5.1(b) shall be ten (10) dwellings per twelve (12) month period, rather than four (4) dwellings per twelve (12) month period. (b) The limitations of section 8.5.1 do not apply to affordable dwelling units, or to dwelling units authorized under a comprehensive permit issued under M.G.L., Ch. 40B, § 21, and permits issued for such units shall not be included in the count required by section 8.5.1(a). 8.5.3 Any time-limited protection against zoning change afforded by M.G.L., Ch 40A, § 6, shall be extended (if such protection has not already expired by the date on which a complete application for a building permit is filed with the Building Inspector) until such date as a building permit is issued under this section. 8.5.4 Section 8.5.1 shall not be construed as limiting the issuance of building permits for the enlargement or improvement of existing dwellings, or the rest ighborhood; (h) the impact of the proposed use on adjacent properties and the neighborhood; and (i) any other criteria specified by other sections of this Bylaw, applicable to the proposed use. 7.8.2.2 The provisions of section 7.8.2.1 shall not apply to special permits issued under sections 4.11.4.3, 6.1.1.2(b), 6.6, 8.6.5, and 8.8.3. 7.8.2.3 The SPGA may impose such conditions on the special permit as it deems necessary to protect the Town, the public, or other properties in the area from detrimental impact. The conditions that may be imposed include, but are not limited to, conditions relating to noise, traffic control, dust control, sanitation, number of occupants, hours of operation, deliveries, water quality testing and monitoring, police details, and performance bonds. 7.8.3 Miscellaneous Provisions 7.8.3.1 The SPGA shall issue special permits in accordance with M.G.L., Ch. 40A, § 9. In deciding whether to issue a special permit, the SPGA shall consider any comments or recommendations submitted by other town departments, boards, or commissions. 7.8.3.2 The SPGA may, after notice and hearing, adopt rules and regulations specifying the content and number of required plans, application procedures, filing and review fees, design and development standards, and other general requirements to be applied with respect to the proposed use. 7.8.3.3 The Board of Selectmen may appoint a resident of the Town to serve as an associate member of the Planning Board for a two-year term. The Chairperson of the Planning Board may appoint the associate member to act on special permit applications, in the case of absence, inability to act, or conflict of interest, on the part of a regular member of the Planning Board, or in the event of a vacancy on the Board. 7.8.3.4 Any special permit granted under the provisions of this Bylaw shall lapse within a period of two years from the grant hereof, if a substantial use thereof has not sooner commenced or, in the case of a permit for construction, if construction has not begun by such date, except for good cause shown, and provided further that such two-year period shall not include the time required to pursue or await the determination of a posted for work in addition to landscaping or roadway top course, if an unexpected event prevents the Applicant from completing the work. 7.7 Penalty 7.7.1 Any person who shall violate any of the provisions of the Bylaw shall be fined a sum not exceeding one hundred dollars ($100.00) which may be recovered by indictment or on complaint to a district court and shall enure to the benefit of the Town or to such uses as it may direct. Each 24 hour of continued violation shall be considered a separate offense. 7.8 Special Permits 7.8.1 General 7.8.1.1 Certain classes of special permits may be issued by the special permit granting authority (the ""SPGA""), which will be the Planning Board, the Board of Appeals, or the Board of Selectmen, as designated by this Bylaw. 7.8.1.2 The SPGA shall review the special permit application in conjunction with a site plan filed under section 7.6. 7.8.2 Special Permit Criteria and Conditions 7.8.2.1 Except as provided by section 7.8.2.2, the SPGA may issue a special permit only upon its written determination that the benefits of the proposed use outweigh any adverse effects or impacts of such use. In making this determination, the SPGA shall consider, to the extent applicable, the following criteria: (a) the social, economic, or community needs that would be served by the proposed use; (b) the impact of the proposed use on public health and safety; (c) the impact of the proposed use on town services and the tax base; (d) the adequacy of utilities and water supplies, and the impact of the proposed use on stormwater drainage systems; (e) the impact of the proposed use on traffic flow and safety, on the site and throughout the Town, and the adequacy of parking and loading facilities; (f) the impact of the proposed use on the character and natural environment of the Town; (g) the compatibility of all proposed buildings and structures with the character, scale, and design of existing buildings and structures in the neighborhood; (h) the impact of the proposed use on adjacent properties and the neighborhood; and (i) any other criteria specified by other sections of this Bylaw, applicable to the proposed use. 7.8.2.2 Th SECTION 6.0. ADMINISTRATION 6.1 Variation 6.1.1. Strict compliance with the requirements of these Rules and Regulations may be waived when in the judgment of the Board such action is in the pubic interest and not inconsistent with the Subdivision Control Law. Any request for such waivers shall be submitted to the Board by the Applicant in writing. Any such waiver must be made in writing by the Board as a part of its approval or amendment thereof, otherwise all requirements contained herein are deemed applicable. Any such approvals of waivers shall become a part of the approved plan. 6.2 Reference 6.2.1. For matters not covered by these Rules and Regulations, reference is made to Section 81-K to 81-GG, inclusive, of chapter 41 of the General Laws. 6.3 Building Permit 6.3.1. No building shall be erected on any lot within a subdivision without separate written permission for each lot from the Board by Form J Release Form. This permission is in addition to any other permits required for building, such as a permit from the Building Inspector required by other Town Bylaws. 6.3.2. No permits for building will be issued by the Building Inspector until all outstanding bills for public hearings, Board required engineering services, etc. are paid in full by the developer. 6.3.2.1. The Building Inspector shall not issue any permit for the erection of a building until he is first satisfied that the lot on which the building is to be erected is not within a subdivision or that a way furnishing the access to such lot is constructed as required by the Subdivision Control Law and as shown on a plan recorded or entitled to be recorded under chapter 41, Section 81-X, as amended, and further that any condition endorsed thereon limiting the right to erect or maintain buildings on such lot have been satisfied or waived by the Board. In the event that more than one (1) building for dwelling purposes be erected or placed or converted to use as such on any lot, the Building Inspector shall be satisfied that consent has been obtained from the Board in accord with Section 2.4. of these Rules and Regulations, Chapter on in the Central District or the Residential District as follows: (a) a development creating fewer than five (5) multi-family dwelling units is authorized, subject to the requirements of this section, and provided a site plan is approved by the Planning Board; and (b) a development containing five or more multi-family dwelling units is authorized, subject to the requirements of this section, and provided a special permit is issued by the Planning Board. 6.2.1.2 Notwithstanding section 6.2.1.1, the requirements of this section do not apply to townhouse dwellings approved as part of an Open Space Residential Development under section 6.4, or to multi-family dwellings approved as part of a New England Village Development under section 6.7, except as provided by section 6.7.3.2. 6.2.1.3 Any development under this section that involves a Subdivision of Land shall be subject to the approval of the Planning Board under the Subdivision Rules. 6.2.2 Density 6.2.2.1 The development shall be located on a site consisting of at least five (5) acres in the Residential District and two (2) acres in the Central District. 6.2.2.2 Twenty thousand (20,000) square feet of area for the first dwelling unit, plus ten thousand (10,000) square feet of area for each additional unit, is required, except that, for developments under section 6.2.1.1(b), the Planning Board may increase the number of units allowed, up to a maximum density of twenty thousand (20,000) square feet of area for the first unit, plus five thousand (5,000) square feet of area for each additional unit, if the Applicant proposes additional affordable housing than that required by section 6.2.4, or on-site or off-site public improvements or amenities that result in substantial benefit to the Town and which are beyond those necessary to mitigate the impacts of the proposed development. The square footage of any primary conservation areas shall not be considered in determining the number of dwelling units allowed under this section. 6.2.2.3 At least one h Is there a town-wide annual or biannual cap on residential permits issued, and/or is project phasing required? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: ted improvements scheduled in the capital improvements program of the city. In the case of single-family residences, a developer will be required to submit an application to the planning board, and approval of the application and issuance of a development permit will occur if the following standards are met: (1) An application will not be for more than three (3) single-family residences; (2) The single-family residences will not be a part of a larger-scale, planned or accepted subdivision or development. In all other cases, the planning board, upon receipt of the application, shall proceed to give notice for a public hearing of the application, said notice to be not less than fourteen (14) days before the date of that hearing. The planning board shall, as necessary, request reports from appropriate city, county or other government agencies, boards or officials as relating to this application. The planning board shall, within thirty (30) days after the conclusion of the public hearing but not later than sixty (60) days after receipt of the application, render a decision. If the planning board determines that said conditions have been met as determined by the standards of issuance for residential development use, it shall specify to the applicant in writing the details wherein said application meets such standards as required. If the planning board determines that said conditions have not been met as determined by the standards of issuance for residential development use, it shall specify to the applicant in writing the details wherein said application fails to meet such standards as required. Sec.9-9. Standards for issuance of development permit, residential development use No development permit shall be issued by the planning board for residential development, unless said parcel has available twelve (12) development points on the following scale of values: Sewerage Within 1/4 mile of a major interceptor sewer* 8 points Within 1/2 mile of a major interceptor sewer* 4 points Beyond dered by the city council within two (2) years after the date of such unfavorable action, unless the adoption of such proposed ordinance is recommended in the final report of the planning board. Sec. 9-7. Requirements for development permit. Any person acting in such a manner as to come within the definition of residential development use shall under this ordinance be required to apply for a development permit for this use from the planning board. Said permit shall be granted after the parcel under review has met the standards of issuance for residential development contained herein. If said application does not meet the standards for residential development contained herein, it shall be denied. Sec. 9-8. Procedure for development permit application. (a) Preliminary application. Prior to a formal application to the planning board for a development use permit, the developer may submit a preliminary application to the planning department in sufficient detail so that the application can be reviewed with respect to all standards set forth in section 9-9 of this article as to the availability of municipal services and facilities and projected improvements scheduled in the capital improvements program of the city. The planning department shall, within ten (10) days thereafter, present such findings to the developer who may then decide, based upon these findings, to submit an application to the planning board for a development use permit. (b) Application for development permit. Prior to the issuance of any building permit, the developer shall be required to submit an application to the planning board in sufficient detail so that the application can be reviewed with respect to all standards set forth in section 9-9 of this article as to the availability of municipal services and facilities and projected improvements scheduled in the capital improvements program of the city. In the case of single-family residences, a developer will be required to submit an application to the planning board, and approval of ter 40A and unless said application complies in all other respects with provisions of this zoning ordinance. (d) Violation of such conditions and safeguards as are made a part of the terms under which the special permit is granted shall be deemed a violation of this ordinance. (e) Failure by a special permit granting authority to take final action upon an application for a special permit within ninety (90) days following the date of public hearing shall be deemed to be a grant of the permit applied for. (f) Construction or operations under a special permit shall conform to any subsequent amendment of this ordinance, unless the use or construction is commenced within a period of not less than six (6) months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. (g) Any special permit granted under this section shall lapse within two (2) years, and including such time required to pursue or await the determination of an appeal from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause. Sec. 9-5. Variances. (a) In authorizing, upon appeal or petition in specific cases, a variance from the terms of this ordinance, the board of appeals shall determine that such variance will not be contrary to the public interest and that, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. (b) A variance from the terms of this ordinance shall not be granted by the board of appeals unless and until: (1) A written application for a variance is submitted, demonstrating that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildin ly dwellings and to four (4) miles when such dwellings have an average separation of one hundred (100) feet or more. Sec. 9-10. Vested approval of development permit. The planning board shall issue an approval of the application for development permit vesting a present right for the developer to proceed with development use of the land for such year as the proposed development meets the required points as indicated in the scheduled completion dates of the capital improvements program as amended, or failing to meet such points, then for the final year of the capital improvements program as amended. Any improvement scheduled in the capital improvements program more than one (1) year from the date of application shall be credited as though in existence as of the date of the scheduled completion. A developer may advance the date of authorization by agreeing to provide such improvements as will bring the development within the required number of points for earlier or immediate development. Such agreement shall be secured by either a cash deposit or surety bond sufficient to cover the cost of the proposed improvement, the form, sufficiency and amount of which bond and agreement shall be determined by the planning board. Sec. 9-11. Appeal for relief. Any developer who has applied for a development permit from the planning board and whose application has been denied or who has received vested approval on such application may appeal to the Salem Board of Assessors in conformance with Chapter 59, Section 59 of the Massachusetts General Laws for a determination as to the extent to which the temporary restriction on development use of such land shall affect the assessed valuation placed on such land for purposes of real estate taxation, and such assessed valuation on such land may be reduced as determined appropriate. Sec. 9-12. Documentation of development point values. The planning department shall prepare and maintain in a clear and up-to-date form maps and other necessary documents which specify development point va and at other points where, in the opinion of the City Engineer, permanent monuments are necessary. Such monuments shall conform to the standard specification of the City Engineer and shall be set according to such specifications. No permanent monuments shall be installed until all construction which would destroy or disturb the monuments is completed. E. Utilities 1. Connections for sewer, drain, water and electrical service from the main structure in the way to the exterior line of the way shall be constructed for each lot whether or not there is a building thereon, except that the Board may waive such requirements, in whole or in part, in the case of a lot to be used for a park, playground or for any other purpose for which, in the opinion of the Board, such connections shall not be required. 2. All sewer, surface water drains, water pipes and any other underground facilities, together with their appurtenances, shall be installed only after the sub-grade has been established; such sub-grade and the installation of all utilities and the back filling of all the trenches shall be inspected by the City Engineer at the expense of the contractor before any installation is made. The services of a consultant may be secured by the City Engineer, and such consultant shall serve as a full-time inspector in lieu of a City employee inspector, and in both instances, the City shall be reimbursed by the contractor for the full cost of the inspection including the cost of insurance for liability and accidents. This reimbursement shall be made in full, prior to issuance of a Certificate of Occupancy. The contractor shall notify the City Engineer at least forty-eight (48) hours in advance before any underground work is started so that the City Engineer can notify his inspector of the particular work. If any work is done in the absence of the Inspector, the City Engineer may order the work uncovered and redone. 3. Adequate disposal of surface water shall be provided. Catch basins and curb inlets, etc., shall be built on both sides of the roadway on continuous grades at intervals of not more than four hundred (400) feet placed at low points and sags in the roadway and near the corners of the roadway at intersecting streets. Is there a town-wide annual or biannual cap on residential permits issued, and/or is project phasing required? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] No" "[INST] Context: cilities,""20,000"",100',10',15',30',15',,50%,20%,,50' and 4 stories "",8"",Research & Develop- ment Facilities,""20,000"",100',10',15',30',15',-,50%,20%,-,50' and 4 stories ,Other uses,,,,,,,,,,, "",1"",Parking Facilities Offstreet,""5,000"",45',10',10',20',10',,,No,--,50' and 5 stories .2,Public Service Corporation,""20,000"",100',10',15',30',20',,30%,20%,--,30' and 2 stories *Square Feet per Dwelling Unit **Square a Feet per Child- For the purpose of Day Care Centers, usable open space shall include areas as small as 100 square feet per area with a minimum width in any direction of 10 feet, end may include porches end terraces and paved areas ***Except in the case of slab construction (no caller) on ledge or within the Flood Plain overlay district, in which case maximum height shell be three stories but no mora then 30' + Provided that for subdivisions of three or more, a minimum of 7,000 square feet shell be required ++ Provided that for subdivisions of three or more, a minimum of 12,000 square feet shell be required +++ Provided that for subdivisions of three or more, a minimum of 6,000 square feet shell be required 400.2 Multiple Uses For the purpose of interpreting the intensity regulations with regard to multi-use buildings or lots, the most stringent controls of the uses of the lot shall prevail, except for the following: coverage principal building, coverage accessory building, and maximum height; where the maximum control shall apply. However, lots with gasoline filling and service stations in combination with the retail sale of food shall require a special permit by the Planning Board in conformance with the following controls: . 1 Compliance with the dimensional and parking controls of the multiple uses. . 2 The proposal must not endanger the public health. . 3 The proposal must be in harmony with the surrounding land uses. . 4 The proposal must not, in any way, create a traffic or safety hazard. . 5 There must be adequate protection against the creation and spread of litter and debris. . 6 The proposal must be in the intere width on corner lots shall be at least five (5) feet wider than specified in the Table of Intensity Regulations. . 3 No lot upon which any building or structure stands in conformance with this ordinance shall be changed for any reason in size or shape so as to violate any of the provisions of this ordinance except through an exercise of the powers of eminent domain. 400.7 Yard Requirements for all Districts. . 1 Front setback for single family houses and two (2)family detached and semi-detached houses shall be the greater of ten (10) feet or thirty-two and one-half (32-1/2) feet from the center line of the street, except in a Residential Office (RO) District. . 2 Front setback for three (3),four (4), multi-family, town or row, rooming, and group houses shall be the greater of twenty (20) feet or forty-two and one-half (42-1/2)feet from the center line of the street, except in a Residential Office (RO) District. . 3 Where a side or rear yard is adjacent to a street, the yard requirement shall be the same as the distance specified for front yard setback. . 4 No building or subsurface structure, or portion thereof, shall be permitted within the required yard areas. . 5 Business structures or uses shall not display goods for sale purposes or display coin-operated vending machines of any type in any location which would infringe upon the required yard areas specified in this ordinance. . 6 No yard or other open space provided about any building for the purpose of complying with the provisions of this ordinance shall be considered to provide a yard or open space for any other building. . 7 Buildings accessory to single, two, and town or row houses, eight (8) or less feet in height and 72 or less square feet in floor area shall be a minimum of three (3) feet from any side or rear property line, but must comply with sections 400.7.1 and 400.7.2, and buildings accessory to single and two family uses that are greater than eight (8) feet in height or 72 square feet in floor area shall be a minimum of 6' from any side or rear property line, but must co a condition of approval of a definitive plan, where ways serving the subdivision are deemed inadequate due to grade, width and other characteristics which may affect the adequacy of emergency response to the subdivision, the Board may limit the number of lots upon which buildings may be erected. D. Open Spaces and Natural Features 1. Before approval of a plan the Planning Board may also in proper cases require the plan to show a park pr parks. suitably located for playground or recreation purposes or for providing light and air. The park or parks shall not be unreasonable in area in relation to the land being subdivided and to the prospective uses of such land. The Planning Board may by appropriate endorsement on the plan require that no building be erected upon such, park or parks without its approval for a period of three (3) years. 2. Due regard shall be shown for all natural features, such as large trees, water courses, scenic points, historic spots, and similar community assets, which, if preserved, will add attractiveness and value to the subdivision. 3. Any alterations to watercourses shall necessitate notification of same to abutting communities' conservation commissions and planning boards, and such alterations shall be designed so as to maintain the carrying capacity of the original waterway. E. Subdivisions in the Flood Plain All subdivisions shall be reviewed to determine whether such proposals will be reasonably safe from flooding. If any part of a subdivision proposal or other new development is located within the Flood Plain District established under the Zoning Ordinance, it shall be reviewed to assure that: a. The proposal is designed consistent with the need to minimize flood damage. b. All public utilities and facilities, such as sewer, gas, electrical and water systems shall be located and constructed to minimize or eliminate flood damage, and minimize infiltration. c. Adequate drainage sy . 4 The proposal must not, in any way, create a traffic or safety hazard. . 5 There must be adequate protection against the creation and spread of litter and debris. . 6 The proposal must be in the interest of the common good. 400.3 In Central Business (BC) Districts all allowed uses do not have to conform 400.4 In Highway Business (BH) Districts allowed uses shall have the following dimensional controls . 1 Minimum setback- twenty (20) feet from the street line. . 2 Minimum side yard- fifteen (15) feet from the property lines for all buildings up to twenty-five (25) feet in height with an additional one (1) foot of setback required for each five (5) feet of height over twenty-five (25) feet. Setback requirements shall apply where side yards are adjacent to streets. . 3 Maximum height of buildings shall not exceed six (6) stories or fifty (50) feet in height, not including chimneys, parapets, elevators, air conditioners, penthouse towers, or other similar superstructures necessary to the permitted uses. 400.5 In Industrial Districts. . 1 The rear yard requirement for all allowed uses is waived in those cases where properties abut railroad or rapid transit rights-of-way, rivers or water courses, and associated properties or easements in public ownership. . 2 The required minimum lot size may be reduced to twelve thousand (12,000)square feet by special permit issued by the Board of Appeal providing, however, that said lot reduction does not adversely affect the surrounding area. 400.6 Lot and Frontage Requirements for all Districts . 1 The required frontage for dwelling purposes may be reduced on existing (but not newly created) irregularly shaped lots, lots on curved streets, and lots on turning circles by not more than fifty (50) percent, provided that the required lot width is attained at the required setback line. . 2 Frontage width on corner lots shall be at least five (5) feet wider than specified in the Table of Intensity Regulations. . 3 No lot upon which any building or structure stands in conformance with this ordinance shall 300.21 Flood Plain Districts. All development in the floodplain district, including structural -Chapter 131 Section 40 of the Massachusetts General Laws; -the Flood Resistant Construction sections of the Massachusetts State Building Code; -the Wetlands Protection Regulations, Inland Wetlands, Restrictions, Coastal Wetlands Restrictions of DEP, the Minimum Requirements for the Subsurface Disposal of Sanitary Sewage as promulgated by the Department of Environmental Protection. No variances from the provisions and requirements of the above referenced regulations may be granted except in accordance with the variance procedures outlined therein. .1 At the time of application, the petitioner shall submit five copies of all plans, including existing contour intervals of site and elevations of existing structures. .2 The proposed use shall comply in all respects with the provisions of the underlying district. .3 Along watercourses that have a designated Regulatory Floodway, encroachments which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. In Zone A the Building Inspector shall obtain, review and reasonably utilize any floodway data available as criteria for requiring that development meet the floodway requirements of this section. .4 The Board must find that the work is in the interest of the common good. The following uses of low flood damage potential and causing no obstructions to flood flows are encouraged provided that they are permitted in the underlying district and do not require structures, fill, or storage of materials or equipment: -Agricultural uses; -Forestry and nursery uses; -Outdoor recreational uses; -Conservation of water, plants or wildlife; -Wildlife management areas; -Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised in the premises. .5 All applicable federal and state permits shall be obtained before any site work may be initiated. In a riverine situation, no site work may be initiated that will result in the alteration or relocation of a watercourse until the following h Are there restrictions on counting wetlands, sloped land or easements in lot size calculations? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] No" "[INST] Context: 2.3.5 Dimensional Regulations 2.3.5.1 General No structure shall be erected or extended, or lot created or reduced in size, except through a public taking, unless in conformity with the requirements of this section, or unless specifically exempted by statute or this Bylaw. 2.3.5.2 Dimensional Schedule. Minimum lot area **,""80,000 sq. ft."",4.5 acres,1.5 acres Minimum lot frontage **,200 feet,50 feet,200 feet Minimum depth: Front yard **,50 feet,50 feet,150 feet Other yards **,20 feet,50 feet,50 feet ** See definition *** Refer to 2.3.5.5 Note A. Maximum lot coverage shall be 8% and the sum of all impermeable surfaces and other areas subjected to vehicle traffic or parking on a regular basis shall not exceed 50% of the total lot area within the zone of proposed use. 2.3.5.3 One Building Per Lot (a) Residential Use: Not more than a single dwelling shall be erected or moved on a lot. (b) Other Uses: Not more than a single principal building, regardless of use, shall be erected or moved onto a lot. 2.3.5.4 Dimensional Nonconformancy (a) (Deleted 5/2/88 Art 9) (b) Two-dwelling lots. A single lot containing two or more lawfully existing dwellings less than forty (40) feet apart at the closest point of measurement may be divided into separate lots despite not meeting yard requirements, provided all other applicable provisions of this Bylaw are satisfied. 2.3.5.5 Backland Zoning In Residential Districts backland or reduced frontage lots may be created by Special Permit issued by the Planning Board. Each such lot must meet the following criteria: (a) A minimum of street frontage on an accepted and/or approved town way of 50 feet. (b) The minimum allowable lot width between the dwelling site and the access to the public way is 25'. All plans for such lots shall show and indicate what the minimum lot width is in said plan though it may be in excess of 25'. (c) The minimum lot size shall be 4 1/2 acres. (d) Not more than one other Backland lot with frontage contiguous to it will be allowed. A Backland lot or lots as allowed under this Backland Zoning Bylaw shall be separated from any other Backland lot or lots by not less than two hundred feet (200') of frontage on an accepted and/or approved right-of-way. (e) No structure shall be erected within 50 feet of any lot line. (f) Once a Backland lot is created. and approved by the Planning Board, it cannot be subsequently divided to less than four and one-half (4 1/2) acres. (g) At least 1 1/2 acres of contiguous land which is not in a: (1) Flood Plain District (Section 2.5.3) (2) Water Resource Protection District (Section 2.5.4) (h) Granting of a Special Permit under this Bylaw does not constitute a waiver of any other applicable Bylaw or statute. BACKLAND LOT BACKLAND LOT Minimum Lot Size Minimum 14 Acre Area Not in Section 2.5.3 and 2.5.4 4.5 Acres 1.5 Acres 25 Minimum Lot Width Minimum Lot Frontage 50' STREET ow points for sag curves and high points for crest curves; (g) road stations shown on both plan and profile; (h) lot corners and sideline extensions in plan; (i) all buildings, walks, drives and other existing site features within 100 feet (either side) of the street centerline; (j) certification by a registered civil engineer. 4240. Topography and Grading Plan. The grading plan(s) shall show within the road right of way the existing and proposed topography at a one foot contour interval. Existing topography will be based on recent actual field surveys and/or controlled aerial survey. The same vertical datum as specified above shall be used. This plan shall show (within 150 feet, either side, of the proposed road centerline) the major site features as required in section 3200 (h). This plan will show any proposed or existing roads, ways, or paths traversing the site indicating the condition and status of same. Property line dimensions are not required on this plan. This plan shall show proposed planting of street trees with legend of size and type of planting, unless the applicant chooses to produce a separate landscaping plan. Street lighting and sidewalks shall be shown. The wetland resource areas as determined by the Conservation Commission shall be graphically shown on this plan. This plan shall be certified by a registered civil engineer. 4250. Soil Survey Plan. The soil survey shall include the information as required for the preliminary plan (see section 3200 m ). In addition, the soil survey plan shall show locations of enough deep hole tests and percolation tests to prove each lot is suitable for individual on-site sewage disposal systems as proposed. A soils report prepared by a registered civil engineer or soil scientist or sanitarian will be submitted as part of these requirements. 4260. Impact Analysis. The Board may request environmental and/or financial impact studies which demonstrate that available alternatives have been explored and provide evidence that the plans submitted represent the best environmental and/or financial interests of the town. For projects over 10 house lots and for all non-residential subdivisions, an impact analysis is anent monuments. (e) existing and proposed easement dimensions and purpose; (f) the names, locations and identification of ways as public or private; (g) existing structures, bounds, and walls; (h) north arrow, date of survey and scale; (i) deed reference of record owner by book and page number and Land Court certificate number if applicable; (j) zoning classification (k) location of any zoning district boundary lines adjacent to the site; (l) notice of any decisions or variances issued by the Zoning Board of Appeals, including but not limited to variances and special permits regarding the land and any buildings thereon. (m) sufficient dimensional Information to prove that each lot conforms with the most recent zoning by-law. 2300. PLANNING BOARD ACTION 2310. Determination that ""Approval Not Required"" If the Board determines that the plan does not require approval, the Board or its agent shall without a public hearing and within 21 days of submission endorse on the plan the words ""Approval under Subdivision Control Law Not Required"". The original plan shall be returned to the applicant for recording. Such endorsement shall not be deemed to constitute a determination of total compliance with the requirements set forth in the Town's zoning by-laws. 2320. Determination that Plan Requires Approval If the Board determines that the plan does require approval under the Subdivision Control Law, it will so inform the applicant, return the original plan, and notify the Town Clerk accordingly. The applicant may then submit the plan for approval under the Subdivision Control Law and these rules and regulations, or the applicant may appeal the Board's determination to the Superior Court in accordance with the provisions of Section 81-B of G.L. Chapter 41. 2330. Failure of Board to Act If the Board fails to act upon a plan submitted under this section or fails to notify the Town Clerk and the applicant of its action within 21 days after the submission, the plan shall be de 5300. OPEN SPACE Before approval of a plan, the Board may require the plan to show open space for preservation an/or recreation purposes. 5310. Criteria for Open Space Open space is considered to be land set aside and reserved for the Public. Open space may or may not include a park area for playground and/or ball field purposes. The Board may require any or all of the following criteria for open space and/or park area within a subdivision: (a) Any open space shall contain a minimum of one (1) acre or 10 percent of the gross land area of the subdivision, whichever is greater. (b) Any open space shall not be unreasonably small in area in relation to the land being subdivided, and to the prospective uses of such land. (c) Any open space shall connect to the street system and have a minimum continuous frontage along the street of 50 feet. (d) Any open space shall be so located as to serve adequately all parts of the subdivision. (e) Any open space shall be. located and laid out so as to be used in; conjunction with similar areas of adjoining subdivisions or probable subdivisions. (f) Any open space shall be graded to dispose properly of surface water and shall be left in condition for the purpose intended. (g) Any open space land so reserved may contain the subdivision stormwater detention and/or retention pond(s). However the area of the basin (including its sides) shall not be considered to qualify as open space. (h) Any open space so reserved may contain land considered wetlands such as ""Land Under Water Bodies and Waterways"" or ""Bordering Vegetated Wetlands"" as defined under 310 CMR 10.00 Massachusetts Wetlands Protection Act. However, this wet area shall not be considered to qualify as open space. The Board may by appropriate endorsement on the plan require that no building be erected upon such open space without its approval. Such open space may be required to have maintenance provided for by covenants and agreements acceptable to the Board, until public acquisition is accomplished by the Town. rovide evidence that the plans submitted represent the best environmental and/or financial interests of the town. For projects over 10 house lots and for all non-residential subdivisions, an impact analysis is required. The impact analysis shall be prepared by a bona fide land planner and/or registered civil engineer. Refer to Appendix for the outline of impact analysis. 4270. Drainage Calculations. As specified under Section 5233. 4300. PLANNING BOARD ACTION 4310. Review of the Board of Health The Board of Health shall, within 45 days after submission, report to the Planning Board in writing its approval or disapproval of said plan. Approval from the Board of Health of the definitive plan shall not be treated as, nor deemed to be, approval of a permit for the construction and use of any individual sewage disposal system on any lot contained therein. If the Board of Health disapproves said plan, it shall make specific findings as to which, if any, of the lots shown on such plan cannot be used for building sites without injury to the public health, or are unsuitable because of drainage conditions, and where possible, shall make recommendations for the adjustment thereof. 4320. Review of other Town Officials The Planning Board will (at its discretion) obtain the appropriate recommendations from the following town officials prior to making its final determination: (a) Highway Superintendent and/or Board's agent for review of the design of the street system and other infrastructure, location of easements and the relationship to existing ways and drainage systems, and sight distances to and from the site at subdivision entrances; (b) Fire Department for recommendations as to locations and adequacy of water for fire extinguishing purposes and emergency access; (c) Police Department for recommendations as to vehicular and pedestrian traffic, access for emergency vehicles, and street names; (d) Conservation Commission for review of the environmental impacts of the subdivision infrastructure on existing wetlands, streams, wildlife and other natural resources, and open space considerations; (e) Town Counsel for review of easements, agreements, and performance guarantee. Are there restrictions on counting wetlands, sloped land or easements in lot size calculations? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: 4. INTENSITY AND DIMENSIONAL REQUIREMENTS 4.1 Regulations for lots laid out as dwelling sites No buildings shall be erected on a lot and used as a dwelling unless said lot conforms to the requirements of section 4.1 of these bylaws or is expressly exempted therefrom by statute. 4.1.1 Area Requirements for Lots Laid Out as Dwelling Sites in General Residence Districts 4.1.1.1 Each lot in Residence District A shall have an area of at least one (1) acre. 4.1.1.2 Each lot in Residence District B shall have an area of at least two (2) acres. 4.1.2 Frontage Requirements for Lots Laid Out as Dwelling Sites in General Residence Districts 4.1.2.1 Definition of frontage: A frontage of a lot is the horizontal length of the line having a radius of curvature of not less than ten (10) feet which most closely conforms to the contiguous boundary between the lot and the street, as defined in M.G.L. C. 41, Sect, 81L, on which the frontage is located. 4.1.2.2 Each lot in Residence District A shall have, at a minimum, a frontage on one street of at least one hundred and fifty (150) feet. 4.1.2.3 Each lot in Residence District B shall have, at a minimum, a frontage on one street of at least two hundred and fifty (250) feet. 4.1.2.4 Exception for Larger Lots (Pork Chop Lots). Not withstanding the requirements of sections # 4.1.2.2 and # 4.1.2.3, a lot need not have more than a frontage of forty (40) feet provided: 4.1.2.4.1 The area of the lot exceeds by at least two acres the minimum area required in sections # 4.1.1.1 and # 4.1.1.2. 4.1.2.4.1.1 Any area of a lot that is less than 40 feet wide and any area that is separated from the site of the dwelling thereon by a portion of the lot that is less than 40 feet wide cannot be used in the calculation of the minimum area required by Section 4.1.2.4.1. This requirement shall not apply to lots of record on the effective date of this section, May 2, 2000. 4.1.2.4.2 The frontage is not located, as determined by a majority of the Planning Board, so as to block the possible future extension of a dead end street. 4.1.2.4.3 The site of the dwelling shall be completely within a two hundred and fifty (250) foot diameter circle which circle shall or before May 2, 2000, and such lots shall not be considered to be non-conforming for purposes of this Section 4.1.3.4. 4.1.4. Requirements in Business Districts In a business district, no building shall be erected and used as a dwelling on a lot having less area and frontage than the amount required for its erection in the abutting general residence district. One Dwelling Per Lot In all districts, not more than one building shall be erected as a dwelling or so used on each lot, unless specifically authorized herein. 4.1.5. Reduction of Occupied Lots No lot on which a building is located in any district shall be subdivided, reduced in area, or changed in size or shape so that the building or lot fails to comply with the area, frontage, setback, yard or other provisions of this bylaw. This prohibition shall not apply, however, when a portion of a lot is taken by eminent domain or conveyed for a public purpose for which the land could have been taken. 4.2 Street Setback 4.2.1. Building Setback No building shall be erected or altered so as to extend nearer to the line of any street or nearer to its front lot line, where different, than forty (40) feet in General Residence A or B Districts or Residence District M, or twenty (20) feet in a Business District; provided further, that where the street has a right-of-way width of less than forty (40) feet, the setback distance shall be measured from a line on the lot twenty (20) feet from and parallel to the street centerline. 4.2.2. Signs and Accessory Structures Setback In all districts, no sign over thirty-six (36) inches by forty-eight (48) inches, and, except for a flag, utility or light pole, no other structure over (5) feet in height shall be located nearer to the line of any street than the distances from such line required above for a building on the same lot. 4.3 Side and Rear Setbacks 4.3.1. Residence District A No building shall be erected or altered in General Residence District A so as to extend nearer to any side or rear lot line of its lot than twenty (20) feet, except that a building having a floor area of less than one hundred eighty (180) square feet, a height of less than fifteen (15) feet a , refuse and other wastes and for providing drainage are adequate to reduce flood hazards provided the residence is otherwise permitted in the underlying district. 5.2.4.4.2 Accessory structures not for human occupancy as permitted in the underlying district, provided these do not cover more than one hundred and eighty (180) square feet in the aggregate. 5.2.4.4.3 Governmental uses related to water control or water supplies. 5.2.4.4.4 Public fire holes and fire holes approved as part of a subdivision. 5.2.4.4.5 Private water supplies and fire holes and ponds for recreational and scenic purposes, provided that such fire holes and ponds: 5.2.4.4.5.1are intended for the private use of the owner or owners of the land on which located; 5.2.4.4.5.2 do not comprise more than 0.5 acre; 5.2.4.4.5.3 comply with the requirements of Chapter 131, Section 40 of the General Laws. 5.2.4.4.6 Unpaved access ways or unpaved accessory parking lots, substantially at grade. 5.2.4.4.7 Private paved driveways where alternative means of access are inappropriate and not reasonable feasible. 5.2.4.4.8 Paved roads constructed as part of an approved division or providing access to a governmental use. 5.2.5 Uses Permissible on Special Permit in the Wetland/Flood Hazard District The Planning Board is designated as the special permit granting authority for the Wetland/Flood Hazard District and the performance of its functions hereunder shall be governed by the following provisions. 5.2.5.1 The Planning Board may authorize by special permit any of the following additional uses: 5.2.5.1.1 Private ponds and water control devices not permitted as of right. 5.2.5.1.2 Paved and/or elevated boat launching areas. 5.2.5.1.3 Accessory structures described in Subsection # 5.2.4.4.2 above, having an aggregate ground floor area in excess of one hundred and eighty (180) feet. 5.2.5.2 A person desiring such permit shall file a written application with the Planning Board containing a description of the proposed use or structure, accompanied by sufficient plans, maps, or other drawings to fully describe the proposal an shall for required by state or federal law shall have been obtained. 5.2.4.1 Outdoor agricultural uses as permitted by Section # 3.3.1.7, including drainage and ponding for strictly agricultural purposes as regulated under Chapter 131 of the General Laws, but excluding dumping or filling, or the covering of earth with impervious materials such as, but not limited to, permanent structures or pavement. 5.2.4.2 Non-conforming uses as permitted by Section # 6.1, including without limitation, maintenance of existing ponds and water control devices. 5.2.4.3 The following uses not involving the removal, transfer, relocation, dumping or filling of earth or other materials, nor the covering of earth with impervious materials, nor drainage, ditching, or diking. 5.2.4.3.1 Outdoor accessory uses as permitted in the underlying district. 5.2.4.3.2 Outdoor recreational uses, excluding permanent structures except those listed in 5.2.4.3.4 below, as permitted in the underlying district. 5.2.4.3.3Conservation. 5.2.4.3.4 Foot, bicycle and horse paths and bridges; duck walks, duck blinds; piers and docks. 5.2.4.3.5 Outdoor storage of materials such as wood piles or hay and of equipment; temporary shelters such as tents; all as accessory to uses permitted in the underlying district, provided that any such storage between the Concord River and an elevation of 121 feet above sea level is secured to prevent its flotation. 5.2.4.4 The following uses involving the installation of impervious materials, or the removal of earth as permitted by # Article VIII of the general bylaws. 5.2.4.4.1 Enlargement of the ground floor area of a residential structure in a Wetland/Flood Hazard District, subject to a determination by the Planning Board that all proposed utilities associated with the additional structure are located, elevated and constructed so as to minimize or eliminate flood damage and that proposed methods of disposal for sewage, refuse and other wastes and for providing drainage are adequate to reduce flood hazards provided the residence is otherwise permitted in the underlying district. 5.2.4.4.2 Accessory structures not for human standing water. Wetlands are characterized by the presence of wetland soils and of plant communities which require the presence of water at or near the ground surface for a significant portion of the year. 5.2.1.3 FLOOD HAZARD AREAS The special ""flood hazard area"" is the land within a community in the flood plain which is most likely to be subject to severe flooding. 5.2.2 Purposes The purposes of the Wetland/Flood Hazard District are: 5.2.2.1 To provide that lands in the Town of Carlisle subject to seasonal or periodic flooding shall not be used for residence or other purposes in such a manner as to endanger the health or safety of the occupants thereof. 5.2.2.2 To protect, preserve and maintain the ground water table and water recharge areas within the Town so as to preserve present and potential water supplies for the public health and safety of the residents of the Town. 5.2.2.3 To assure the continuation of the natural flow pattern of the water courses within the Town in order to provide adequate and safe floodwater storage capacity to protect persons and property against the hazards of flood inundation. 5.2.2.4 To protect the community against the costs which may be incurred when unsuitable developments occur in wetlands, or flood hazard areas. 5.2.3 Overlying District 5.2.3.1 The Wetland/Flood Hazard District shall be considered as overlying other districts and any use permitted in the portions of the districts so overlaid shall continue to be permitted in the same manner, subject to the provisions of Subsections # 5.2.4 and # 5.2.5 below. 5.2.3.2 The portion of any lot within the area delineated on the Wetland/Flood Hazard District may be used to satisfy the dimensional requirements for the district overlaid. 5.2.4 Permitted Uses In the Wetland/Flood Hazard District the following uses are permitted as of right, provided that any and all permits, orders, or approvals required by state or federal law shall have been obtained. 5.2.4.1 Outdoor agricultural uses as permitted by Section # 3.3.1.7, including drainage and ponding for strictly agricultural purposes as regulated Are there restrictions on counting wetlands, sloped land or easements in lot size calculations? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] No" "[INST] Context: such lot or parcel. Lots specifically exempted under MGL, Chapter 40A, Section 6 are also exempted from this by-law. (Amended March 1978 STM, Art. 1) 5. The minimum front yard dimensions required in the following schedule are to be measured from the street line where a plan for the street is on file with the Registry of Deeds or, in the absence of such a plan, from a line twenty-five feet from and parallel with the apparent centerline of the traveled way or street. 6. Lot width at the required front yard setback shall be measured as a straight line distance between the side lot lines and shall be no less than eighty percent (80%) of the required Lot Frontage. For corner lots, lot width shall be measured parallel of the frontage. (Amended ATM, May 1999, Article 48. Previously amended May 1997 ATM, Art. 36.) 7. Lots which are so distorted in configuration as to be detrimental to public health, safety, welfare or convenience, even though complying with the dimensional requirements established herein, shall not be allowed. 8. The limitation on height of buildings in the following schedule shall not apply in any district to chimneys, ventilators, antennas, spires or other ornamental features of buildings which features are in no way used for living purposes. (Amended June 1969 STM, Art. 10) 9. A lot or parcel of land containing two or more dwellings existing at the time of adoption of this by-law which cannot be divided in conformity with these requirements may, under a Special Permit by the Board of Appeals, be divided in a manner complying as closely as possible with these requirements. 10. In Apartment Developments, more than one apartment building may be built on a single lot in accordance with subsection V-G. (Amended March 1974 ATM, Art. 10) 11. No dwelling or other structure, other than a grave or grave-marker, shall be constructed within 200 feet of the high water line of any natural pond, the area of which is 20 acres or more, except that a lant nurseries and orchards (6) small non-residential structures of less than one hundred (100) square feet of floor area used in connection with recreation or the growing, harvesting, storage or sale of crops raised on the premises (7)creation of ponds with a total water surface area at normal elevation not in excess of 10,000 square feet, and (8)removal of silt and other accumulated debris from a watercourse which tends to interfere with the natural flow patterns of the watercourse. 4. Lot Area Allowance - Except as provided by Section IV, and subject to any more restrictive conditions which may be contained in any Special Permit or Variance granted by the Board of Appeals, any portion of a lot in any zone overlaid by the Wetlands and Flood Plain Protection Zone, may be used to meet the area requirements of that district provided that no building or structure may be erected on the portion remaining outside the Wetlands and Flood Plain Protection Zone unless that portion has a minimum area of 10,000 square feet. A lot with a building existing thereon at the time of the adoption of this by-law shall not be deemed a non-conforming lot because any portion of it lies within the Wetlands and Flood Plain Protection Zone, provided that neither the building nor its sewage disposal facilities lies within said zone. If a house or septic system lies within the district, that house or septic system shall be deemed a non-conforming use. 5. Boundary Line Plot Plan - Whenever an application is made for a building permit which the Inspector of Buildings believes may be affected by a Wetlands and Flood Plain Protection Zone boundary, the Inspector shall require the applicant for such permit to provide as part of such application a plan, certified by a registered land surveyor of the lot on which such building is intended to be built showing the exact location of the Zone boundary as described on the zoning map, ""Wetlands and Flood Plain Zoning Map, Holliston, MA, 1975"" and in paragraph numbered 2 above. In the case of a building permit for an interior improvement to a building or structure, the bound rces distances, are planar distances measured along a single elevation. Consequently, on steeply sloped topography the measured over-ground distance may not accurately reflect the distances specified in the permits and conditions specified by the Bylaw or these Regulations. In particular, the 100 foot (adjacent upland) resource area on steeply sloped land will measure considerably more that 100 feet when measured over-ground on site. DISCHARGES INTO WETLANDS shall include, without limitation, any discharge from the project that flows to a wetland resource or adjacent upland resource through new or existing drainage structures, including existing road drainage pipes, that empty into wetland resources or adjacent upland resources, including infiltration, regardless of the distance between the project site and the wetlands resources or adjacent upland resources. EXISTING shall mean existing in full on or after the effective date of these Regulations, unless specified otherwise in the Bylaw. FLOODPLAIN . The floodplain is the level of the land area adjacent to the channel that is flooded at a frequency commensurate with bankfull discharge. The recurrence interval for bankfull flow or stage is in the range of one to two years. In general, a value of 1.5 years is a good average. This means that the discharge in a river will equal or exceed bankfull two out of three years on the average. ISOLATED LAND SUBJECT TO FLOODING (ILSF) . An area, depression, or basin of any size that holds standing water for at least one month during the spring and/or fall of most years. Not included are swimming pools, artificially lined ponds or pools, or constructed wastewater lagoons. LAND SUBJECT TO FLOODING shall include isolated land subject to flooding, bordering land subject to flooding and vernal pools as defined in this section (2.3). NO DISTURBANCE AREA . A continuous cover of locally indigenous vegetation 50 feet horizontally outward from the upland edge of a resource area, except for perennial streams and rivers, vernal pools (and their habitat and buffer zones) as de the number, shape, and size of lots shown on such plan may be changed without action of the Board, provided every lot so changed still has frontage of at least such distance as is then required by bylaw of the Town for erection of a building on such lot. The Board on its own motion or on petition of any person interested, may modify, amend, or rescind its approval of a plan of a subdivision, or require a change in such plan as a condition of its retaining its status on an approved plan. All of the provisions of the Subdivision Control Law and of these Rules and Regulations relating to the submission and approval of a plan of a subdivision shall so far as apt, be applicable to the approval of the modification, amendment or rescission. Any party, other than the Board, requesting a change with such magnitude that a hearing is required, must pay the fee stated in the appendices at the time the hearing is requested. No modification, amendment or rescission of the approval of a plan or change in such plan shall affect the lots in such subdivision which have been sold or mortgaged in good faith and for a valuable consideration subsequent to the approval of the plan, or any rights appurtenant thereto, without the consent of the owner of such lots or the mortgagee. So far as unregistered land is affected, no modification, amendment or rescission of the approval of a plan or change in a plan hereunder shall take effect until the following: 1) the plan as originally approved, or a copy thereof, and a certified copy of the vote of the Board making such modification, amendment, rescission or change, and any additional plan referred to in such vote, have been recorded, 2) an endorsement has been made on the plan originally approved as recorded referring to such vote and where it is recorded, and 3) such vote is indexed in the grant or indexed under the name of the owners of record of the land affected. So far as registered land is affected, no modification, amendment or rescission of the approval of a plan nor change in ent upland resource area work. Some isolated land subject to flooding, for example, may serve for temporary flood storage only. Minimal adjacent upland resource area restrictions within several feet of the resource might be necessary only to prevent erosion. Other isolated land subject to flooding might provide vernal pool habitat. It might also provide important flood storage capacity and intersect ground water. In this instance far stronger adjacent upland resource area restrictions would be appropriate because a larger number of functions are involved and some functions, such as habitat, are more sensitive to adjacent upland resource area activity and require greater protection. If rare or endangered species, such as blue spotted salamanders, were found at the site then still greater levels of restrictions would be appropriate. 6.3.2.2 Pre-Project Characteristics of the Site Ground slope, soil conditions, vegetation, and prior disturbance are just a few of the site specific characteristics that shall be considered in setting conditions for work in the adjacent upland resource area. For example land that slopes toward a wetland demands greater restrictions on work and activity and larger no-disturbance distances to prevent pollution and silt from stormwater runoff from harming wetlands values. Larger slopes imply greater restrictions. 6.3.2.3 Wildlife Habitat and Rare Species The near-upland areas around wetland resources often play important roles in determining and maintaining the wildlife habitat values of associated wetlands. While it is common to think of the protective or ""buffering"" value of adjacent upland resource areas in terms of area undisturbed, habitat values may be equally affected by the configuration of the adjacent upland resource area perimeter, the inclusion or exclusion of specific topographical and ecological features (such as an abutting sandy knoll or tree canopy), etc. Therefore where significant wildlife habitat values and functions are present delinea Are there restrictions on counting wetlands, sloped land or easements in lot size calculations? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] No" "[INST] Context: grading or construction of roads, no grading of land or lots, no excavation except for purposes of soil testing, no dredging or filling and no construction of buildings or structures shall be done on any part of the development site until the application has been reviewed and approved as provided by these regulations. § 210-109. Permitted uses. Permitted uses shall be as follows: A. Detached single-family dwellings, as defined, including all accessory uses as permitted in this Chapter for the district in which the land lies. B. Uses permitted within the common open space as described in these regulations. C. Recreational facilities consistent with open space and landscape preservation development purposes. § 210-110. Minimum requirements. A. Size: The total area of the tract proposed for open space and landscape preservation development shall be at least 10 acres. B. Density: The total number of building lots on the tract proposed for open space and landscape preservation development shall be calculated using the following equations. The resulting number of lots shall be a guide, and the total number of lots shall be determined by the Board using the following as guidelines: (1) Conventional subdivision plan submitted by the applicant. (2) Information provided by the applicant indicating the development potential of the land. (3)The following equation. The variables for total parcel area and wetlands shall be entered in square feet. When the total number of lots calculated by the equation results in a fraction, the total number of lots shall be rounded down. [Amended 5-3-1994 ATM, Art. 25; 5-2-2000 ATM, Art. 34] (a) In Residence B and Residence-Lake Front Districts Total Number of Lots = (Total Parcel Area -(.5X Wetlands) -(.1X Total Parcel Area)) / 45,000 (b) In the Agricultural District: Total Number of Lots = (Total Parcel Area - (.5X Wetlands) - (.1X Total Parcel Area)) / 60,000 § 210-111. Intensity regulations. [Amended 5-3-1994 ATM, Art. 25; 5-2-2000 ATM, Art. 34; 5-5-2003 ATM, Art. 24;5-2-2005 ATM, Art. 27, Amended 5- cel Area - (.5X Wetlands) - (.1X Total Parcel Area)) / 60,000 § 210-111. Intensity regulations. [Amended 5-3-1994 ATM, Art. 25; 5-2-2000 ATM, Art. 34; 5-5-2003 ATM, Art. 24;5-2-2005 ATM, Art. 27, Amended 5-1-2006 ATM, Art. 35] The Planning Board may grant a reduction of all intensity regulations of the underlying zoning regulations for all portions of an open space and landscape preservation development if the Planning Board finds that such reduction will result in better design, improved protection of historic, natural and scenic resources and will otherwise comply with these regulations, provided that in no instance shall any lot deviate from the following Table of Minimum Requirements. TABLE OF MINIMUM REQUIREMENTS Zoning Districts ,Residence B,Agricultural,Residence-Lake Front Minimum area (square feet),""25,000"",""30,000"",""30,000"" Minimum frontage (feet),75,100,100 Minimum front yard setback,(feet) 40,50,30 Minimum side yard setback (feet),20,20,20 Minimum rear yard setback (feet),20,20,20 A. The lot frontage depth requirement contained in this Chapter, Article I, § 210-4, Definitions, definition of ""lot frontage,"" may be waived by the Planning Board in order to achieve the purposes of this article. B. Dead-end streets may be permitted in an open space and landscape preservation development but shall not exceed 1,000 feet in length. No dead-end street shall provide access to more than 10 building lots. C. Common driveways may be permitted in an open space and landscape preservation development, provided that each common drive serves no more than two lots. The requirement in this Zoning Bylaw that a driveway providing the principal access to a lot be across the designated frontage of the lot shall not apply when a common driveway is to be utilized in an open space and landscape preservation development; provided, however, that the common driveway must cross the designated frontage of one of the lots it serves. § 210-112. Development standards. [Amended 5-1-2006 ATM, Art. 35] A. Concept plan standards. Prior to the issuance of a special permit for an open space and la ts of bedrock or ledge are present near the surface, or where naturally occurring springs exist, or where the project involves substantial potential for changes in groundwater flows (i.e. construction of wells, groundwater diversion trenches, etc), or in large subdivision projects, the Commission shall require as part of the application for permit detailed information on pre- and post-construction groundwater flows. In such cases, the Commission shall review the information to ensure there are no detrimental impacts to water quality, groundwater recharge, or wetland resource areas as a result of the proposed project. All calculations and analysis shall be summarized and provided in an easily readable and understandable format. 5.3.5 Subdivisions vs. Individual Lots Unless otherwise specifically identified, subdivision approvals and Orders of Conditions apply only to the roads, drainage, and related infrastructure on the definitive plan, and do not apply to any individual lots. Each lot within a resource area and its buffer zone as defined under the Bylaw shall be required to file a separate Notice of Intent. 5.4 Limited Project Roadways or Driveways For the purpose of calculating wetlands impact when limited project driveways adjoin, cross over or traverse wetland resource areas, and based upon discussions between and experience of the Building Inspector, Eire Chief, Conservation Commission, and Planning Board, the Commission shall assess wetlands impact based upon no less than a 12 foot wide traveled way and a 16 foot disturbance footprint. Experience of the Building Inspector shows this to be the minimum acceptable driveway width for fire safety in cases where the driveway forms a narrow causeway over or through a resource area For reference relating to Limited Projects, 310CMR10.53 states ""Notwithstanding the provisions of 310 CMR 10.54 through 10.58 and 10.60, the issuing authority may issue an Order of Conditions and impose such conditions as will contribute to the interests identified in M.G.L. c. 131, § 40 permitting the following limited projects (although no quirements from the street line as required in this Chapter for each street abutting the lot. [Added 5-1-1995 ATM, Art. 35] § 210-119. Yards. Required side yard and rear yard areas may be varied in the case of an irregular, narrow or shallow lot, or a lot unusual in shape or topography, upon the granting of a special permit by the Board of Appeals. § 210-119.1. Driveways. [Added 5-2-2000 ATM, Art. 30] A. A driveway within a wetland resource area shall be a minimum of 12 feet in width for the traveled way. The definition of ""wetland resource area"" shall be that contained in the Wetlands Protection Act and/or the Hopkinton Wetlands Protection Bylaw. § 210-119.2. Highway buffer. [Added 5-2-2000 ATM, Art. 31] On all lots which abut Interstate Routes 495 and/or 90, in every zoning district with the exception of the Rural Business and Industrial A and Industrial B Districts, there shall be a buffer adjacent to Interstate Routes 495 and 90 a minimum of 50 feet wide, measured from the edge of the highway right-of-way/property line. Buffer areas shall remain wooded, and no clearing of trees or other vegetation or the alteration of other landscape features shall be permitted. No buildings, sewage disposal systems, paved areas, athletic fields, active recreation areas or any other use which requires the clearing of trees or other vegetation or the alteration of other landscape features, with the exception of wireless communication facilities, will be permitted within the buffer area. [Amended 5-7-2007 ATM, Art. 26] § 210-120. (Reserved) § 210-121. Maximum heights. [Amended 5-4-1993 ATM, Art. 19; 5-5-1997 ATM, Art. 26; 5-5- 2003 ATM, Art. 27] In the RA, RB, RLF and A Districts, no structure used for residential purposes shall be erected to a height greater than 40 feet. Structures used for nonresidential purposes in said Districts shall not be erected to a height greater than 35 feet. Chimneys, spikes, towers and other projections not used for human occupancy may be constructed above the foregoing height limitations upon the grant of a special permit by the Board of Appeals; provided, however, that no wireless communicati s or test pits may be made to provide information on soil texture, color, percolation rates and depth to the groundwater table at its maximum elevation. (2) Anticipated storm water runoff from the site shall not exceed peak runoff from the site prior to development. The applicant shall submit formal drainage calculations by a registered professional engineer for this purpose. (3)Proper soil erosion and sedimentation control measures shall be employed to prevent sedimentation and siltation of existing surface water bodies and wetlands. In areas where the land slopes downward toward any surface water body or fresh water wetland, proposed filling, cutting, clearing or grading shall be minimized and all such development activities shall be carried out in such a way as to retain the natural vegetation and topography wherever possible. The Planning Board may require that an erosion and sedimentation control plan be submitted if significant erosion is anticipated in slope areas. § 210-113. Open space use and design standards. A. Within an open space and landscape preservation development, no less than 50% of the land area shall be devoted to common open space. The common open space shall not include land set aside for roads and/or parking uses. The Planning Board may reduce the common open space requirement to 30%, if it is demonstrated that a minimum lot area of 45,000 square feet is required because of soils and topographical conditions. No more than 50% of the common open space shall contain wetlands as defined by MGL c. 131, § 40. B. The common open space shall be designed and maintained in accordance with the following standards: (1) Areas to remain as naturally existing woods, fields, meadows and wetlands shall be maintained and may be improved in accordance with good conservation practices. (2) Common open space shall be planned as large, contiguous units wherever possible. Strips of narrow parcels of common open space shall be permitted only when necessary for access or as vegetated buffers along the site's perimeter. (3)Common open space may be in more than o Are there restrictions on counting wetlands, sloped land or easements in lot size calculations? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know" "[INST] Context: Section 5: Dimensional Regulations 5.1 BASIC REQUIREMENTS 5.1.1 Lot dimensions. A dwelling, building or other structure hereafter erected in any district shall not be located on a lot having less than the minimum requirements, and no more than one dwelling shall be built on any lot except as hereinafter provided and no lot, or the building or buildings thereon, shall be changed in size so as to violate the provisions of this ordinance with respect to size of lots or yards. 5.1.2 Recorded lots. A lot or parcel of land having an area of frontage of lesser amounts than required on the following schedule of dimensional controls may be considered as coming within the area and frontage requirements of this section provided such lot or parcel of land was shown on a plan or described in a duly recorded deed or registered at the time of adoption of this ordinance and did not at the time of adoption adjoin other land of the same owner available for use in connection with such lot or parcel. Any increase in the area, frontage, width, yard of depth requirements of this ordinance shall not apply to a lot for single and two family residential use which at the time of recording or endorsement, whichever occurs sooner, was not held in common ownership with any adjoining land, conformed to then existing requirements and had less than the proposed requirement but at least five thousand (5,000) square feet of area and fifty (50) feet of frontage. The provisions of this paragraph shall not be construed to prohibit a lot being built upon if at the time of the building, building upon such lot is not prohibited by this ordinance. 5.1.3 Front yard dimensions. The minimum front yard dimensions required in subsection 5.2 schedule of dimensional regulations are to be measured from the street line where a plan of the street is approved and on file with the planning board or with the registry of deeds, or in the absence of such a plan, from a line twenty-five (25) feet from and parallel with the center line of the traveled right of way. 5.1.4 Height limitation. ding on the lot is numbered on such frontage street. However, in the case of a lot bounded by two streets forming an interior angle of more than one hundred thirty-five (135) degrees, their combined frontage between lot lines may be used to satisfy the lot frontage requirement GROSS LEASABLE AREA : The total gross floor area within a building which is occupied exclusively by individual tenants and upon which the tenant pays rent. (Ord. of 5-22-80, § 1) GROUND COVER : Evergreen plants less than eighteen (18) inches in height which form a dense, continuous surface on the ground plane. (Ord. of 5-9-97, § 1) GROUP DAYCARE CENTER : Any facility operated on a regular basis which receives children, not of common parentage, under seven (7) years of age for nonresidential custody and care during part or all of the day separate from their parent(s). (Ord. of 3-15-88, § 1) HEIGHT : The height of a building shall be the vertical distance measured from the mean level of the established grade at the building to the main height of the roof. HOME OCCUPATION : A business use customarily conducted within a dwelling and carried on by the inhabitants thereof, which is clearly incidental to the use of the dwelling as a place of residence. HOTEL : A building intended and designed primarily for transient or overnight occupancy, divided into separate units within the same building and with or without public dining facilities. LOT : A parcel of land used or set aside and available for use as the site of one or more buildings, accessory buildings thereto or for any other definite purpose, in one ownership and not divided by a street and not within the limits of a public or private way upon which lot abuts: LOT, CORNER : A lot bounded by more than one street which has an interior angle of one hundred thirty-five (135) degrees or less formed by the tangents or straight segments of street lines between the side or rear lines of such a lot or by an extension of such street lines. A lot bounded by one street shall be considered a corner lot wh nstructed, changed, enlarged or permitted and no use of premises in any district shall be permitted which does not conform to the dimensional controls set forth herein except in the MU district where up to thirty (30) percent of such standards can be waived through granting of a special permit. (Ord. of 10-11-84, § 14) 5.2 Schedule of Dimensional Controls Districts,Minimum Lot Dimensions (1),,Minimum Yard (2),Depths,,Maximum Height (3),Maximum Lot Coverage (4),Maximum Floor Area Ratio (5),Minimum Buildable (6),Area ,Area (sq. ft.),Frontage (ft.),Front (ft.),Side (ft.),Rear (ft.),(ft.),,,Width (ft.),Depth (ft.) R-1,,,,,,,,,, Single Family,""20,000"",125,25,20,35,30,25%,--,60,40 R-1A,,,,,,,,,, Single Family,""15,000"",125,20,15,35,30,30%,--,60,40 R-1B,,,,,,,,,, Single Family,""10,000"",100,25,20,35,30,30%,--,50,35 R-2,,,,,,,,,, One-Family,""5,000"",50,15,10,35,30,35%,--,25,35 Two-Family,""7,500"",50,15,10,35,30,35%,--,25,35 R-3 Districts,Minimum Lot Dimensions (1),,Minimum Yard (2),Depths,,Maximum Height (3),Maximum Lot Coverage (4),Maximum Floor Area Ratio (5),Minimum Buildable (6),Area ,Area (sq. ft.),Frontage (ft.),Front (ft.),Side (ft.),Rear (ft.),(ft.),,,Width (ft.),Depth (ft.) Multiple Family Residence,""10,000 or 1,500 s.f."",60,20,10,35,35,20%,.2,30,20 R-4 Districts,Minimum Lot Dimensions (1),,Minimum Yard (2),Depths,,Maximum Height (3),Maximum Lot Coverage (4),Maximum Floor Area Ratio (5),Minimum Buildable (6),Area ,Area (sq. ft.),Frontage (ft.),Front (ft.),Side (ft.),Rear (ft.),(ft.),,,Width (ft.),Depth (ft.) Multiple Family Residence,""30,000 or 750 s.f. Per bedroom Whichever is greater"",75,20,15,35,50,35%,1.6,35,25 R-5 Districts,Minimum Lot Dimensions (1),,Minimum Yard (2),Depths,,Maximum Height (3),Maximum Lot Coverage (4),Maximum Floor Area Ratio (5),Minimum Buildable (6),Area ,Area (sq. ft.),Frontage (ft.),Front (ft.),Side (ft.),Rear (ft.),(ft.),,,Width (ft.),Depth (ft.) Multiple Family,20 ac.,none,25,25,25,35,35%,--,, PRD,,,,,,,,,, Single Story,5 ac. (e),none,15,10,25,20,35%,--,, Multi-Story,5 ac., pace between said yard and the abutting property this area may be included in the required dimensional setback for the subject cluster. However, in no case can the sum of the lot setback and the width of the buffer, be less than that required for the district underlying the cluster, or thirty-five (35) feet whichever is more. (5) Every individual lot in the cluster development shall have an area of at least two thirds of the minimum area per dwelling unit required in the district, or six thousand six hundred (6,600) square feet (whichever is larger), the balance, if any remaining in common land. The special permit granting authority shall have the right to further waive minimum lot area requirements up to one-half (50%) of the minimum required in the district provided that all the following apply: a. Such waivers result in a more efficient lot layout which affords protection of more natural features of the site or otherwise directly furthers the achievement of the purposes (section 4.4.4 (b)) of this ordinance. When such a waiver is granted, a specific finding has to be made in the written decision of the special permit granting authority describing how such waiver complies with this provision of the ordinance; and b. Such a waiver shall not increase the number of lots allowed in the cluster beyond the number allowed under 4.4.4 (c) (1) of this ordinance; and c. No lots smaller than six thousand (6,000) square feet are created by means of such a waiver. (6) The total area of common land within the development equals or exceeds the sum of the areas by which any individual lots are reduced below the minimum lot area normally required in the district. The total area of common land may usually range from twenty (20) to fifty (50) percent of total land area within the development, exclusive of areas not available for development per 4.4.4 (c) (1). (7) All common land hereunder shall be held in common ownership by the owners of lots within the development. In the case of ownership by a separate legal entity, the developer shall include in the deed nd surveyor doing the boundary survey and the registered professional engineer or architect on the location of the buildings, setbacks and all other required dimensions, elevations, and measurements and shall be signed under the penalties of perjury. e. The corner points of the lot and change of direction of lines shall be marked by stone monuments, cut in stone, stake and nail, iron pin, or other marker and shall be so marked. f. Lot number, metes and bounds of lots, size of lot in square feet, and width of abutting streets and ways, and names of all abutters. g. Easements within the lot and abutting thereon and their uses. h. The location of existing or proposed buildings on lot i. The proposed system of drainage, including adjacent existing natural waterways. j. A description of the abutting neighborhoods in which the parcel for the development lies, including utilities and other public facilities and the general impact of the proposed MPRD upon them. k. A summary of environmental concerns relating to the MPRD. l. The location of existing wetlands, water bodies, wells, one-hundred-year floodplain elevation and other natural features. m. The dimensions of the existing and proposed buildings in feet and the gross floor area. n. The distance of existing and proposed buildings from the lot lines and the distance between buildings on the same lot. o. Percent of the lot coverage. p. Average finished grade of each building. q. The elevation above average finished grade of the floor and ceiling of the lowest floor of each building. r. Existing and proposed topographical lines at two (2) foot intervals. s. The use designation of each building or part thereof, and of each section of open ground, plaza or usable roof space. t. Number and location of parking spaces, including driveways and all areas of circulation. u. Height of all buildings, above average finished grade of abutting streets. v. Total square feet of all landscape and recreation areas, and depiction of materials to be used (grass, five foot shrubs, etc.). (Ord. of 9-16-82, § 4) 4.5.6 Minimum Requirements. Are there restrictions on counting wetlands, sloped land or easements in lot size calculations? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] No" "[INST] Context: ng land located in the same Zoning District, at the time of the adoption of this By-Law, or 2. Is a lot or lots separately described in a deed or record at the time of the adoption of this By-Law, or 3. Is a lot or lots separately shown on any approved subdivision plan notwithstanding the amount of elapsed time since approval of said plan, or 4. Is a lot or lots shown on a plan which does not require Planning Board approval under the subdivision law, provided the plan carries the notation that no such approval is so required, and notwithstanding the amount of elapsed time since the notation was made through vote of the Planning Board. a. Provided that any lot referred to above contains at least 5,000 square feet and in the case of more than one non conforming, undeveloped and contiguous lots in common ownership not protected under Chapter 40A, shall be subject to the provisions of 2.5.5.3. 2.5.5.3 Combined and Replatted Lots Notwithstanding the provision of Section 2.5.5.2. the Board of Appeals, as permit granting authority may require two or more non-conforming, undeveloped and contiguous lots in common ownership to be combined: a. Whenever such combination creates less than one fully conforming lot. b. Whenever such replatting and combination of lots creates a lot in excess of the applicable area and frontage requirements; the combined lots may be replatted into as many fully conforming lots of the required frontage as is practicable without in turn retaining or creating non-conforming lots, provided that if such replat would create or retain one or more non-conforming lot or lots, the combined lots shall be replatted into as many lots as most nearly conform to the applicable frontage requirements; which replat fully utilizes all existing frontage represented through the combination of said lots, and which replat in no case creates a lot with frontage less than 80% of the applicable frontage requirements. c. Whenever lots subject to combination are in common ownership with a building or structure, so much of any such non-conforming lot which is subject to the requirements of combination shall be reserved where ownership of the land involved is the same person or ndicated. E. Where the district boundary is indicated as approximately perpendicular to a street line, it is either perpendicular or radial unless marked otherwise. F. Where the district boundary is indicated as approximately following a stream, it is the center line of the stream. G. Where no other means of determination are possible, boundaries shall be determined by use of the scale on the Zoning Map. 2.4 Lots in Two Districts Where a district boundary zoning line divides any lot existing at the time such line is adopted, the zoning regulations applicable to each portion of the divided lot shall extend not more than thirty feet into the other portion of the same divided lot. 2.5 Lot Requirements 2.5.1 Lot Size and Shape Except as may be authorized by exemption, exception, special permit or variance, no lot on which a building is located in any district shall be reduced or changed in size or shape so that the lot fails to conform to the intensity of use schedule, except when a portion of the lot is taken or conveyed for any public purpose. 2.5.1.1 Lot Width The lot width requirement shall be maintained to the rear building line of each lot. (Amended at Annual Town Meeting, 1988) 2.5.2 Buildings, Pads, and Premises No building shall be erected or used or premises used, except in conformity with the Intensity of Use Schedule (Section 2.8) or Section 3.15 (Commercial Interchange District). No more than one principal building shall be erected or used on any one lot in the RA, RB, or RC zoning districts unless part of an approved Cluster Residential Subdivision approved in accordance with Section 2.13.0. Multi-building developments in the RD District or any Commercial or Industrial District (except the CI- Commercial Interchange District, in which use and development is subject to Section 3.15) on a single lot shall be subject to a Development Permit and Site Plan Review as provided in Section 1.3.2 and Section 3.13, and to any other Special Permit or approval required under this By-law. 2.5.3 Yards and Open Space No part of any yard or other open space required for the purpose of complying with the provisions of this By-Law shall be counted as part o nless the use or construction is commenced within six months after the issuance of such permits. 2.7.2 Prohibited Activities Land clearing, excavation, gravel removal, or clear cutting of trees in anticipation of any use requiring action and or approval by the Planning Board or the Zoning Board of Appeals is prohibited prior to said action or approval unless the proposed use or improvement is necessary provided that documentation of a final order is submitted to the zoning enforcement officer no less than 48 hours before the commencement of any related site work. Limited clearing and excavation is permitted to obtain survey and engineering data. The Planning Board and/or the Zoning Board of Appeals reserves the right to disapprove any such work and to order restoration of the site as deemed necessary. (Added 2.7.2 ATM 6/3/02) 2.8 Use Regulation Schedule 2.8 Use Regulations (Amended June 7, 1999 A.T.M., STM June 4, 2001, June 3 2002 ATM) Symbols used: P.- A permitted use O.- An excluded or prohibited use (also see Section 3.11, Water Resources Protection) A.- A use specifically authorized by special permit Agricultural Uses ,RA,RB,RC,RD,CA,CB,CC,CD,IA 15,IB,IC,WPD Farm ,RA,RB,RC,RD,CA,CB,CC,CD,IA 15,IB,IC,WPD Crops,P,P,P,P,P,P,P,P,P,P,P,P Poultry,P1,P1,O,O,O,O,O,P1,P1,P1,O, Fur,O,O,O,O,O,O,O,O,O,O,O, ,RA,RB,RC,RD,CA,CB,CC,IA,IA,IB,IC,WPD Pig,O,O,O,O,O,O,O,O,O,O,O, Other Stock,P,P,A,A,A,A,A,P,P,P,O, Roadside Stand,P2,P2,P2,P2,P2,P2,P2,P2,P2,P2,P2,P Nursery or Greenhouse,,,,,,,,,,,, Private,P,P,P,P,P,P,P,P,P,P,P,P With Retail Sales,O,O,A3,A,P,P,P,P,P,P,P,P Wholesale Only,P,P,A,A,P,P,P,P,P,P,P,P Wildlife Raising,P,P,P,P,P,P,P,P,P,P,P,P Commercial Uses/9,10, 11 ,RA,RB,RC,RD,CA,CB,CC,CD,IA 15,IB,IC,WPD Adult Entertainment,O,O,O,O,O,O,O,A,O,O,O,A Child Care/Daycare Center,O,O,O,O,P,O,O,O,O,O,O,A12 Funeral Home/10,O,O,O,O,O,P,P,O,O,O,O,A12 Home Occupation,P,P,P,P,P3,P,P3,P3,P3,P3,P3,A Animal Kennel or Hospital,A,A, O,O,O,A,A,O,O,O,O,A12 Tattoo P ements of the applicable National Pollutant Discharge Elimination System permit requirements for discharges associated with construction activities for all sites with disturbed areas in excess of five (5) acres. For sites with disturbed areas less than five (5) acres and for permanent erosion controls, the plan shall embody the methodologies described in DEP Soil Erosion and Sedimentation Guidelines. (d) Describe approximate size and location of land to be cleared at any given time and length of time of exposure; covering of soil stockpiles, and other control methods. (e) Describe and evaluate the permanent methods to be used to control erosion and sedimentation. Criteria to include in a descriptive analysis are: (i). Calculate amount of anticipated soil loss on-site due to erosion; use of SCS Universal Soil Loss Equation shall be employed. (ii) Designate any existing or proposed areas subject to flooding. (iii) Proposed surface drainage system(s). (iv) Methods to be used to protect existing vegetation. (v) The relationship of the development to the topography including techniques to control runoff. (vi) Any proposed alterations of shore lines, marshes or seasonal wet areas. (vii) Any existing or proposed flood control or drainage easements. (viii) Estimated increase of peak runoff caused by altered surface conditions, and methods to be used to return water to the subsurface. (ix) Effects on surface water quality. (3) Groundwater and Soil Conditions (a) Where appropriate, the Planning Board may require soil surveys to establish the suitability of the land for proposed storm drainage installations and building foundation stability. In preparing the statement, the applicant shall utilize the Soil Survey Maps and Manual, prepared by the Soil Conservation Service, U. S. Department of Agriculture, or industry recognized in-situ investigative methods. (b) Describe any limitations on the proposed project resulting from subsurface soil and water conditions; including methods to overcome limitatio he relationship of the subject property to natural and man-made features existing within 1,000 feet of the site. For sites of 100 acres or more, the scale shall be 1 inch = 400 feet, and shall show the above relationships within 2,000 feet of the site. The features that shall be shown on Site Context Plan include topography (from United States Geological Survey plans), stream valleys, wetland complexes, woodlands, high points, knolls, and ridge lines, and public roads and trail, utility easements and right of ways, public land, and land protected under conservation easements or other methods protection. All information may be obtained from existing resources. (2) Each building in the Senior Village shall have a minimum front yard of no less than twenty (20) feet from the edge of the paved way to the closest point of the structure, and a side yard of not less than ten (10) feet from the edge of the paved way to the closest point of the structure. The Board may waive these requirements if the Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with this Bylaw. (3) Each building in the Senior Village shall be setback a minimum of fifty (50) feet from the Senior Village's perimeter lot line(s). This minimum setback shall be increased by five feet for each foot the proposed building is over thirty (30) feet in height. The maximum height of any structure in a Senior Village shall be no greater than thirty-five (35) feet. The setback area shall be maintained as natural open space or as densely planted landscaped buffer. The Board may waive these requirements if the Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with this Bylaw. (4) The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas. The orientation of individu Are there restrictions on counting wetlands, sloped land or easements in lot size calculations? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] No" "[INST] Context: d the ridge in the case of a pitched roof, provided that the ridge of a pitched roof shall not be higher than 130% of the maximum height for the district. b. Limitations. In determining the height of a building, any floor level shall be counted as a story if it is to be used in part for sleeping rooms, or if it is higher than three (3) feet below the average ground level around the exterior walls of the structure. Limitations of height shall not apply to chimneys, ventilators, skylights, spires, tanks, antennas, solar panels, and other features of such building usually carried above roofs, provided that in a residential district such features are in no way used for living purposes. 2.10.2.Lot Area Computation (Amended 3-21-05) In computing the area of any lot in any district, no part of a street or public way and no part of any water body or river bordering the lot shall be included. At least sixty percent (60%) of the lot area required for minimum lot size zoning compliance, or ten thousand (10,000) square feet, whichever is greater, shall be land exclusive of any resource areas as defined by the Wetland Protection Act, M.G.L. Chapter 131, Section 40, and its corresponding regulations, 310 CMR 10.00, as of the adoption of this requirement. At least ten thousand (10,000) square feet of this ""land exclusive of any resource areas"" shall be contiguous. 2.10.3.Frontage a. Frontage; Access. A building lot shall have frontage on and rights of access to one or more of the following for the distance required in the applicable zoning district: 1. A way legally accepted by Town Meeting vote, or 2. A way established by county, state, or federal authority, or 3. A way established by a subdivision plan approved in accordance with the Subdivision Control Law, or 4. Any other way or portion of a way in existence when the Subdivision Control Law became effective which, because of unusual conditions such as limitations upon the extent or type of land use to be served, the Planning Board, following consultation with the Public Works Director, P ildings. A vacant lot is counted as though occupied by a building set back at the minimum setback line in the district in which it is located. b. In the Village Business, Mixed-Use, Commercial and Industrial Districts, the setback from any lot line abutting a residential district shall be a minimum of 50 feet unless a reduction is authorized by Special Permit from the Planning Board. c. By Special Permit from the Planning Board, side lot lines may be waived for ""zero lot line"" design, i.e., a building in which ownership is divided along a common wall. 2.10.8.Accessory Buildings Accessory buildings shall be allowed only in side or rear yards and shall conform to the minimum setback requirements for principal buildings in the district in which they are located. Accessory buildings may be permitted in front yards, subject to minimum setback requirements, upon issuance of a Special Permit by the Zoning Board of Appeals. [Amendment passed June 16, 1988; approved by the Attorney General on Sept. 6, 1988.] 2.10.9.Corner Lot Road Visibility Within an area formed by the side lines of intersecting streets, walkways and driveways; and a line joining points on such lines twenty-five (25) feet distant from their point of intersection, or in case of a rounded corner, from the point of intersection of their tangents, no structure shall be erected and no foliage maintained between a height of three and one-half (3-1/2) feet and a height of eight (8) feet above the plane through their curb grades. 2.10.10.Principal Buildings a. In any Residential District, there shall not be more than one principal building on any lot except by Special Permit from the Planning Board. b. In any Village Business, Mixed-Use, Commercial and Industrial District, a principal building may contain more than one permitted or Special Permitted use provided that the building and each of its associated uses comply with all applicable provisions of this Bylaw. More than one principal nonresidential structure may be erected on a lot when all of the following conditions are met: 1. roved unless its street system assures physical access to each lot without reliance on common driveways. 4.2 OPEN SPACES 4.2.1 Before approval of a plan, the Board may require the Plan to show a park or parks suitably located for playground or recreation purposes or for providing light and air. The park or parks shall be of reasonable size, but generally not less than ten (110%) percent of the area of the land to be subdivided, depending upon the location and quality of the land being set aside. The minimum area acceptable for later public acquisition shall be five (5) acres. The Board may, by appropriate endorsement on the Plan, require that no building be erected upon such park or parks without its approval for a period of three (3) years. All park areas shall have signage designating their use. 4.2.2 Land designated for park or playground purposes shall not include wetlands, ledge, or other land unsuitable for recreation purposes in the minimum area calculation. 4.2.3 Any open space, park or playground shall provide at least fifty (50) feet of continuous frontage on a street. Pedestrian ways will normally be required to provide access from each of the surrounding streets, if any, to which the open space, park, or playground has no frontage. Such parks and/or playgrounds may be required to have maintenance provided for by covenants and agreements acceptable to the Board, until public acquisition is accomplished by the Town, but in no case longer than three (3) years. 4.3 WETLANDS PROTECTION The Wetlands Protection Act, Section 40 of Chapter 131 of the General Laws states, in part, that ""no person shall remove, fill, dredge or after any bank, beach, flat, marsh, meadow or swamp bordering ... on any ... creek, river, stream, pond or lake, or any land under said waters ... without filing written notice of his intention to so remove, fill, dredge or after, including such plans as may be necessary to describe such proposed activity a corners of each lot shall be marked with bounds. Where not coincident with the above, such bounds shall be concrete, not less than three (3) feet long and not less than three (3) inches square, with a 1/2"" drill hole. 4.9.6.3 Monuments shall be installed only after all construction which would disturb them is completed, and shall, have their top flush with final grade surface. 4.9.6.4 The placement and accurate location of these monuments shall be certified by a Registered Land Surveyor. 4.9.7 Street Signs Street signs shall be provided and installed as directed by the Board and approved by the Highway Surveyor. 4.9.7.1 Street Names Proposed streets which are obviously in alignment with other streets already existing and named shall bear the names of such existing streets. No other proposed street shall duplicate the name of an existing street and, all proposed street names shall be approved by the Planning Board. 4.9.8 Cleaning Up The entire area must be cleaned up so as to leave a neat and orderly appearance free from debris and other objectionable materials and without unfilled holes or other artificially created hazards. Undeveloped lots in the subdivision must be free of debris before the Planning Board will recommend acceptance of the streets as public ways. 4.9.9 Easements 4.9.9.1 Easements for fire ponds and utilities across lots or centered on rear or side lot lines shall be provided where necessary and shall be at least twenty (20) feet wide. 4.9.9.2 Where a subdivision is traversed by a water course, drainage way, channel or stream, the Board may require that there be provided a storm water easement or drainage right-of-way of adequate width to conform substantially to the lines of such water courses, drainage way, channel or stream, and to provide for the free flow of water in its natural course, or for the construction of other necessary purposes. 4.10 INDUSTRIAL SUBDIVISIONS 4.10.1 Industrial subdivisions shall comply with all applicable requirements of els may be counted as one floor, provided that the difference in floor levels is less than five feet. GROSS FLOOR AREA : The sum of the gross horizontal areas of the several floors of a building excluding areas used for accessory garage purposes and such basement and cellar areas as are devoted exclusively to uses accessory to the operation of the building. All dimensions shall be taken from the exterior faces of walls, including the exterior faces of enclosed porches. HAMMERHEAD LOT : A lot with reduced frontage and special dimensional requirements, as specified in Section 4.3 of this Bylaw. HOME OCCUPATIONS : An occupation performed within the home, as defined in Section 4.6. HOMEOWNERS ASSOCIATION : A corporation or trust owned or to be owned by the owners of lots or residential units within a tract, which holds the title to land and which is responsible for the costs and maintenance of said land and any facilities to be held in common. HOTEL, MOTEL OR LODGING HOUSE : A building or part thereof or a group of buildings on a single lot providing public accommodations, where space is used for sleeping and appurtenant services by more than four (4) persons as paying guests, regular or transient. LAND USE : The purpose for which land or building is occupied or maintained, arranged, designed or intended. LOT, CORNER : A lot or parcel of land abutting upon two (2) or more streets at their intersection, or upon two (2) parts of the same street having street sidelines or tangents to sidelines forming an interior angle of less than 135 degrees. LOT : A single area of land in one ownership throughout defined by metes and bounds or boundary lines as shown in a recorded deed or on a recorded plan. LOW IMPACT DEVELOPMENT : An option which permits an applicant to build multi-family dwellings on a lot and single-family dwellings on lots with reduced lot area and frontage requirements so as to create a development in which the buildings and accessory uses are clustered together into one or more groups with adjacent common open land. LOW- OR MODERATE INCOME HOUSE Are there restrictions on counting wetlands, sloped land or easements in lot size calculations? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: ARTICLE 8: DIMENSIONAL REQUIREMENTS Section 8.1. Content of Table of Dimensional Requirements. The regulations controlling lot area per dwelling unit, floor area ratio, building height, maximum ground coverage, landscaped open space and yard requirements in each district except the University District are specified in the Table of Dimensional Requirements (Section 8.5) and other provisions of this section. The regulations with respect to the University District are set forth in Section 8.7. The regulations with respect to the PUD Overlay Districts are set forth in Section 16.5. NOTE: §8.1 was amended by Ordinance 2000-8 on May 25, 2000. Section 8.2. Compliance with Dimensional Requirements. The lot or yard areas required for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the yard, floor area ratio, or parking requirements of this Ordinance; nor may these areas include any property of which the ownership has been transferred subsequent to the effective date of this ordinance if such property was a portion of the area required for compliance with the lot, yard, floor area ratio, parking, or landscape requirements applicable to the lot from which such transfer was made. Section 8.3. Lots in Two Districts. Land in a more restrictive zoning district may supply space for a use permitted in a less restricted zoning district if the use of the land in the more restrictive district satisfies space and passive use requirements that are not prohibited in the more restrictive district. Section 8.4. Lots in Two or More Municipalities. When a lot in single ownership is situated in part in the City of Somerville and in part in an adjacent city or town, the regulations and restrictions of this Ordinance shall be applied to that portion of such lot as lies in the City of Somerville in the same manner as if the entire lot was situated therein. Section 8.5. Table of Dimensional Requirements. NOTE: §8.5 was amended by O landscaped area, preferably trees; said trees may be included in computing any total number of trees required in the landscaped area of a lot per Section 10.3. All plant materials in parking areas shall be kept pruned so as to create not hazard to drivers or pedestrians. Some form of water facility or irrigation should be provided to establish and maintain the plants within the parking lot area. NOTE: §10.4 was amended by Ordinance 1991-10 on August 22,1991. Section 10.5 Screening Requirements. 10.5.1 Areas to be Screened. Within all residential districts, or on any lot in any non-residential district which abuts or faces a lot in a residential district, landscape screening of the following facilities shall be required: a) any outdoor parking lot containing six (6) or more parking spaces, including access drives and maneuvering aisles, b) all loading bays, c) trash collection areas, d) outdoor storage areas of any kind, e) equipment such as utility pedestals, electrical transformers, and the like. 10.5.2. Standards for Screening. Screening shall consist of: a) strips of land at least four feet wide, densely planted with shrubs and/or trees. If the plantings are directly adjacent to a public way, a mixture of plant specimens of less than three (3) feet in height and greater than ten (10) feet in height is recommended (in the latter case, plants able to be pruned or ""limbed up"" to a height of at least six (6) feet), so that there may be visual surveillance through and beyond the screen by vehicles and pedestrians approaching and passing; and/or b) walls and/or fences at least four (4) feet high but no more than six (6) feet in height above finished grade, unless specifically required to be taller under another provision of this Ordinance. Such walls or fences may be opaque or perforated, provided that not more than fifty percent (50%) of the face is open. The design of any such fence or wall directly adjacent to a public way shall allow surveillance through and beyond the fence by vehicles and pedestrians approaching and passing. Use of a combination of screening methods and mi e applied to that portion of such lot as lies in the City of Somerville in the same manner as if the entire lot was situated therein. Section 8.5. Table of Dimensional Requirements. NOTE: §8.5 was amended by Ordinance 2000-8 on May 25, 2000. SECTION 8.5: Table of Dimensional Requirements For Dimensional Requirements in University District, see Section 8.7. The regulations with respect to PUD Overlay Districts are set forth in Section 16.5 ,,,,,DISTRICTS,, ,RA,RB,RC,NB,CBD,BA,BB A Minimum lot size (s.f.),""10,000 (1)"",""7,500 (1)"",""7,500 (1)"",NA,NA,NA,NA B. Minimum lot area/dwelling unit 1-9 units (s.f.),2250,1500,875,875,875,875,875 10 or more units (s.f.),2250,1500,1000,1000,1000,1000,1000 C. Maximum ground coverage (%),50,50,70,80,80,80,80 ""D. Landscaped area, minimum percent of lot"",25,25,25,10,10,10,10 E. Floor area ratio (F.A.R.) (2),0.75,1.0,2.0,2.0,2.0,2.0,2.0 F. Maximum height (3) stories/,2 1/2,3,3,3,4,4, feet,35,40,40,40,50,50,50 (20) ,,,,(18) (19),(20) (21),(20) (21), ,,,,(20) (21),,, G. Minimum front yard (ft) (5a)(5b) (5c)(17),15 (5),15 (5),15,NA,NA,NA,15 H. Minimum side yards (ft) (5b)( (6),(7)(8),(7)(8),(7)(8),NA(12),NA(12),NA(12),NA(12) (10)(17),(9)(11),(9) (11),(9) (11),,,, I. Minimum rear yards (ft) (5b) (13) (14)(15)(17),20,20,20,""NB, CBD, districts: 10 2 feet for above the (also see"",""BA, and BB feet, plus each story ground floor footnote 12)"",, J. Minimum frontage (ft),50 (16),50 (16),50 (16),NA,NA,NA,NA (#) = See footnotes in Section 8.6. NA = Not Applicable DISTRICT S ,BPA,IA,,IP,IPA,OS,Note: Lettering system added to Sec. 8.5. A Minimum lot size (s.f.),""10,000"",NA,NA,""10,000"",""10,000"",NA,by Ord. 1991-10 on 8/22/91. B. Minimum lot area/dwelling unit 1-9 units (s.f.),875,875,NA,875,NA,NA,Sec. 8.5.B. amended by 10 or more units (s.f.),1000,1000,NA,1000,NA,NA,Ord. 1991-10 on 8/22/91. C. Maximum ground coverage (%),65,80,80,65,65,30, ""D. Landscaped area, minimum percent of lot"",20,10,10,10,10,5,Sec. 8.5.D. amended by Ord. 1991-10 as well as color, size, and type of landscaped surface materials; 11. measures taken to preserve and protect natural resources; 12. outdoor lighting, including location and intensity of lighting facilities; 13. dimensions and locations of signs, proposed and existing; 14. location and significance of historic structures; 15. method for handling solid waste disposal, and for screening of disposal facilities; 16. description and location of all proposed mechanical and electrical system components, including exhaust and ventilation system, transformers, and satellite dishes; 17. locations of and adequacy Q existing and proposed on-site public utilities, facilities, and conditions (water, sewerage, and drainage), showing size and direction of flows; 18. demolition and construction procedures including impact mitigation measures; an estimate of the time period required for completion of the development; 19. a traffic study including estimated peak hour traffic volumes generated by the proposed use in relation to existing volumes and projected future conditions or, if the project is 25,000 square feet or more, a traffic impact analysis which is prepared by a professional traffic engineer; 20. general summary of existing and proposed easements or other burdens now existing or to be placed on the property; 21. wetlands, ponds, and surface water bodies, as defined under the Wetlands Protection Act, M.G.L. Chapter 131, Section 40, and rules promulgated thereunder, 310 C.M.R. 10.00; 22. photographs of at least eight (8) by ten (10) inches, showing the development site and surrounding parcels; 23. names and addresses of all property owners within three hundred (300) feet of site boundaries; and NOTE:§5.2.3.23 was amended by Ordinance 1991-1 on January 10, 1991. 24. such other information as will aid the SPGA in judging the application and in determining special conditions and safeguards, and as the SPGA should deem necessary, in its determination of completeness of said application as provided in Section 5.3.1 and the SPGA Rules and Regulation nits (s.f.),1000,1000,NA,1000,NA,NA,Ord. 1991-10 on 8/22/91. C. Maximum ground coverage (%),65,80,80,65,65,30, ""D. Landscaped area, minimum percent of lot"",20,10,10,10,10,5,Sec. 8.5.D. amended by Ord. 1991-10 on 8/22/91. E. Floor area ratio (F.A.R.) (2),2.0,2.0,2.0,1.5,1.5,0.3, F. Maximum height (3) stories/,,,,3 (4),,2 1/2, feet,50 (20),50 (20),50 (20),45 (4)(20),50 (20),35, G. Minimum front yard (ft) (5a)(5b) (5c)(17),20,NA,NA,15,20,NA, H. Minimum side yards (ft) (5b)(6) (10)(17),20(12),NA(12),NA(12),NA(12),15(12),(7), I. Minimum rear yards (ft) (5b)(13),20(12),NA(12),NA(12),15(12),15(12),15(12), (14)(15) (17),,,,,,, J. Minimum frontage (ft),NA,NA,NA,NA,NA,NA, (#) = See footnotes in Section 8.6. NA = Not Applicable Section 8.6. Footnotes to Section 8.5. 1. Minimum Lot Size: These minimum lot size requirements apply pursuant to the provisions of MGL Chapter 40A, Section 6. No increased nonconformity of lot size shall be permitted as result of further division of the lot. NOTE: §8.6.1 was amended by Ordinance 1991-10 on August 22, 1991. 2. Floor area ratio: See definitions in Article 2 for floor area and floor area ratio. 3. Height: The provisions of this Ordinance governing height of buildings shall not apply to church spires, belfries, cupolas, domes, monuments, observation towers, sky lights, flag poles, ventilators, and penthouses housing mechanical equipment or other architectural elements normally built above the roof and not devoted to human occupancy. These provisions shall apply to aerials, antennas, and satellite dishes. When height is expressed in both stories and feet, the specified number of stories is allowed up to the maximum number of specified feet. The maximum height shall apply unless in an overlay district which allows additional height as specified in Article 6 or unless reference is made to provisions of a footnote in this Section 8.6. NOTE: §8.6.3 was amended by Ordinance 1997-6 on November 13, 1997 and Ordinance 2002-7on Are there restrictions on counting wetlands, sloped land or easements in lot size calculations? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] No" "[INST] Context: sketch plan showing the total number of lots which could be obtained by utilizing a conventional grid subdivision. The plan shall show all wetlands along the potential sites for home; and if individual septic systems and/or wells for drinking water would be necessary to serve the homes, then also the location of subsurface sewage disposal system and/or well on each lot. Where available, medium intensity soil survey maps, such as those available from the USDA Natural Resource Conservation Service, shall be provided. Furthermore, the SPGA may require the applicant to provide or pay for the creation of more detailed, high-intensity maps, or other data, if there is any indication of ledge, shallow soils, or other indication that the lots shown on the conventional plan may not be buildable as a practical matter. The applicant shall also provide financial data, based on the known data, including current housing prices and reasonable inflation and population projections, demonstrating that the conventional subdivision is financially viable, and could be completed and sold within the same time frame planned for the open space proposal. [Amended 5-2-2000 ATM by Arts. 38 and 39] (b) Data proving that adequate provision for sanitary sewage can be provided to each lot in the conventional subdivision. .If individual septic systems would be necessary to serve the homes, then the following data must be included: [Added 5-2-2000 ATM by Art. 38] (2) Density regulations. The Planning Board may grant a reduction on all density regulations of the underlying zoning regulations for all portions of an OSPD, with the exception of height and front, side and rear yard setbacks, if the Planning . Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with these regulations provided that in no instance shall any lot deviate from the following table of minimum requirements: Table of Minimum Requirements Zoning District RA, RB ,With Town Water,Without 1. Town Water Min et. (g) Scale. (h) Legend. (i) The name(s) if the record owner(s). (j) The name of the applicant, if different from the record owner. (k) The name of the designer, engineer or surveyor. (l) The names of all abutters, as determined from the most recent tax list. (m) Existing and proposed lines of streets, ways, easements (including rights-of-way, covenants or other restrictions) and any public areas, in a general manner. (n) The proposed system of drainage, including adjacent existing natural waterways, in a general manner. (o) Existing and proposed boundary lines. (p) Approximate areas and dimensions of all lots shown. For the purpose of this item, ""area"" is ""lot area"" as defined in the Townsend Zoning Bylaw. To facilitate this calculation on properties containing bodies of water or other areas excluded by the Bylaw from lot area calculations, applicants are encouraged to show gross area and the area of any bodies of water, in addition to the lot area. (q) The names, approximate location and widths of adjacent streets. (r) The topography of the land in a general manner. This shall include existing walls, fences, monuments, buildings, wooded areas, outcroppings, ditches, swamps, water bodies and natural waterways. (s) The zoning classification of the land; including any zoning boundaries. (2) No street may be labeled a ""public way"" unless accompanied by such evidence, based on a review of the Town's records, that will demonstrate that the way is legally a public way. The use of the phrase ""public way"" on maps or plans, whether or not such plans have been filed at a Registry, does not by itself constitute adequate evidence. (3) All plans shall be drawn to a scale of one inch equals 40 feet. However, it is the policy of the Planning Board to waive this requirement, without written request, whenever the scale is increased for the purpose of allowing Water Minimum lot area,""48,000 sq. ft."",""80,000 sq. ft."" Minimum lot frontage,35 ft.,35 ft. (3) Development standards. Prior to the issuance of a special permit for an OSMD, the applicant shall submit the information necessary to demonstrate that the following development standards have been met: (a) The development will not cause unreasonable traffic congestion or unsafe conditions both within and outside of the development and will comply with Town standards for parking, access, road design and construction. (b) The development will provide for and maintain convenient and safe emergency vehicle access building and structures at all times. (c) The nature of the soils and subsoils shall be suited for the intended purposes. This determination shall focus upon, but shall not be limited to, the location, design and construction of roadways, buildings, septic systems and surface water drainage systems. Soil borings or test pits may be made to provide information on soil texture, color, percolation rates and depth to the groundwater table at its maximum elevation. (d) Anticipated stormwater runoff from the site shall not exceed peak runoff from the site prior to development. The applicant shall submit formal drainage calculations by a registered professional engineer for this purpose. (e) Proper soil erosion and sedimentation control measures shall be employed to minimize sedimentation and siltation of existing surface water bodies and wetlands. In areas where the land slopes downward toward any surface water body, or freshwater wetland, proposed filling, cutting, clearing, or grading shall be minimized and all such development activities shall be carried out in such a way as to retain the natural vegetation and topography wherever possible. The Planning Board may require that an erosion and sedimentation control plan be submitted if significant erosion is anticipated in slope areas. (f) The site design shall preserve and, where possible, enhance the natural features of the property, including scenic views, by adapting the location and placement of st ions provided that in no instance shall any lot deviate from the following table of minimum requirements: Table of Minimum Requirements Zoning District RA, RB ,With Town Water,Without 1. Town Water Minimum lot area,""20,000 sq. ft."",""48,000 sq. ft."" Minimum lot frontage,50 ft.,120 ft. (3) Frontage requirements. Frontage requirements for lots on the arc of the curve at the end of so called ""cul de sacs"" may be reduced to no less than 25% of the required minimum for the zoning district as established in Article VII of the bylaw. [Amended 4-27-1991 STM by Art. 10] (4) Development standards. Prior to the issuance of a special permit for an OSPD, the applicant shall submit the information necessary to demonstrate that the following development standards have been met. (a) The development will not cause unreasonable traffic congestion or unsafe conditions both within and outside of the development and will comply with Town standards for parking, access, road design and construction. (b) The development will provide for and maintain convenient and safe emergency vehicle access to all buildings and structures at all times. (c) The nature of the soils and subsoils shall be suited for the intended purposes. This determination shall focus upon, but shall not be limited to the location, design and construction of roadways, buildings, septic systems and surface water drainage systems. Soil bores or test pits may be made to provide information on soil texture, color, percolation rates and depth to the groundwater table at its maximum elevation. (d) Anticipated stormwater runoff from the site shall not exceed peak runoff from the site prior to development. The applicant shall submit formal drainage calculations by a registered professional engineer for this purpose. (e) Proper soil erosion acid sedimentation control measures shall be employed to minimize sedimentation and siltation of existing surface water bodies and wetlands. In areas where the land slopes downward towards any surface water body, or freshw Land Space Requirements Table [Amended 3-17-1987 STM by Art. 42; 5-18-1987 STM by Art. 23; 1-17-1989 STM by Arts. 32 and 33; 11-3-1993 STM by Art. 1) Residence ,,Minimum Lot Area Per,,,Minimum Yard,Depth,Building,Maximum,Height,Maximum ,Minimum,Additional,Minimum Lot Frontage,(2),(3),(4),,Stories-Feet,,% of Lot Zoning District,Lot Area,Dwelling Unit,(1) (2),Front,Rear,Side,(3),(4),(6),Coverage RA (8),3 acres,3 acres (4),200 (4),50',15,15',2 1/2,-,35',25% RB (9),2 acres,2 acres (4),200 (4),50',15',15',2 1/2,-,35',25% Commercial (10) ,,Minimum Lot Area Per,,,Minimum Yard,Depth,Building,Maximum,Height,Maximum ,Minimum,Additional,Minimum Lot Frontage,(2),(3),(4),,Stories-Feet,,% of Lot Zoning District,Lot Area,Dwelling Unit,(1) (2),Front,Rear,Side,(3),(4),(6),Coverage OCD,""15,000 s.f."",,75',30',10',15' (5),2 1/2,-,35',50% DCD,""15,000 s.f."",,,30',10',15' (5),2 1/2,-,35',50% NCD,""15,000 s.f."",,,30',10',15' (5),2 1/2,-,35',50% Industrial,""45,000 s.f."",,200,60',50',50',2,-,35',25% Floodplain (7),,,,,,,,,, Wetlands,,,,,,,,,, (1) Not less than the minimum frontage distance shall be maintained as the minimum lot width throughout the front yard depth. (2) On lots abutting streets on more than one side, the front yard requirements shall apply to each of the abutting streets. (3) These heights restrictions shall not apply to chimneys, water towers. skylights and other necessary features appurtenant to buildings which are usually carried above roofs and are not used for human occupancy nor to wireless or broadcasting towers and other like unenclosed structures. (4) See Article LX regarding motels and apartments. (5) Except no requirement when the side of a building abuts another building. (6) Height restrictions may not be waived for office buildings and department stores. (7) Floodplain restrictions are set forth in 145-45. (8) Residential A District: (9) Residential B District: (10) All commercial districts (OCD; DCD; NCD): Are there restrictions on counting wetlands, sloped land or easements in lot size calculations? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know" "[INST] Context: SECTION 4 DIMENSIONAL REQUIREMENTS 4.1 Basic requirements Except as otherwise provided in the General Laws, Chapter 40A, Section 5A and Section 7A, any lot used for dwelling purposes shall meet the requirements of Section 4.2. A. The frontage of a lot shall be measured as the straight line distance between the points of intersection of the side lot lines and the street line. B. On all corner lots the required front yard dimensions shall apply from both street lines. The required side yard dimension shall apply from all other lot lines. In all cases one street line shall be accepted as the front street line for the measurement of another frontage. C. The minimum front yard dimensions required in the following schedule are to be measured from the street line where a plan for the street is on file with the Registry of Deeds, or in absence of such plan, from a line twenty-five feet (25') from and parallel with the apparent centerline of the traveled way or street. D. The direction of side lot lines shall be as close as possible to perpendicular to the street line or to its tangent at the point of intersection of the side lot line. In no case shall the direction of the side lot line form an angle of less than 75 degrees with the street line or the aforesaid tangent. *48 This angle must be maintained for a distance of at least 25 feet. E. The minimum lot width, which is the shortest distance between side lot lines, when measured anywhere between the lot frontage and the existing or proposed main building on the lot, shall not be less than the required minimum lot frontage. 4.2 Schedule of Dimensional Requirements District,(sq. ft.),(ft.),Front,Side,Rear Single Residence,""40,000 *7"",120,25,10,10 General Residence,""40,000 *7"",120,25,10,10 Business,1 acre,150,10,10,10 Industrial,5 acres,150,50,10,10 Aquifer Protection,""50,000 * 13"",150,25,10,10 **Webmasters Note: The previous chart has been amended as per an update approved at a town meeting held on 5/20/02. A. This shall not prevent the construction or placing of a dwelling or any other structure allowed by these by-laws in that district, on any lot not satisfying the foregoing minimum requirements, pro thereof, including setbacks and other dimensional requirements set forth in the West Boylston Zoning Bylaw (Consult Section IV.B.5) ( ) The location and boundaries of any land subject to the protections of the Wetlands Protection Act, c.131, Section 40, as amended by the Rivers Protection Act, St. 1996, c.258, or the Watershed Protection Act, St. 1992, c.36, codified at M.G.L. c.92, Sections 104, 107A, 108, 113 and 113A (Consult Section IV.B.6) ( ) The location of all significant, permanent, existing or proposed property features (Consult Section IV.B.7) ( ) Existing and proposed boundaries of Streets, ways, and any public or common areas within the proposed subdivision (Consult Section IV.B.8)v ( ) The names, location, and present widths of all streets within 500 feet of the proposed subdivision (Consult Section IV.B.9) ( )Proposed lot lines with the proposed subdivision with approximate areas, frontage and dimensions of and a number on each lot (Consult Section IV.B.10) ( ) Evidence that each lot on the plan, or altered by it, will have the requisite area and frontage required by the West Boylston Zoning Bylaw (Consult Section IV.B.11) ( ) The size and location of existing and proposed water main, sewer lines, storm drains and appurtenant facilities for water, sewer and other municipal services within or in the vicinity of the proposed subdivision (Consult Section IV.B.12) ( ) Existing and proposed drainage systems within or in the vicinity of the proposed subdivision (Consult Section IV.B.13) ( ) Frontage and area of any remaining adjoining land owned by the Applicant (Consult Section IV.B.14) ( ) Suitable space to record the action of the Planning Board and the signature of the members of the Planning Board (Consult Section IV.B.15) ( ) A sketch plan showing a possible or prospective street layout for such adjacent land shall accompany the Preliminary Plan (only necessary if the Applicant owns or controls unsubdivided land adjacent to the property shown on the Preliminary Plan. This sketch per slope construction if and when the road is built. The slope easements shall accompany the easement for future roadway and utility construction of the road area. 7. Temporary construction easements shall be shown on all lots adjacent to the proposed roadways to allow for construction of backslopes from the road onto the lots. The easements shall extend a minimum of 10 feet into each lot, or a greater distance if required by the proposed construction. The easements shall terminate upon acceptance of the street by the town. I. OPEN SPACES Before approval of a Preliminary or Definitive Plan, the Planning Board shall, in proper cases, require the plan to show a park or parks suitably located for playground or recreation purposes or for providing light and air. The park or parks shall not be unreasonable in area in relation to the area of the property proposed to be subdivided and to the prospective uses of such property. Such parks shall be provided with appropriate frontage on a street and pedestrian ways from each of the surrounding streets. The Planning Board may, by appropriate endorsement on the plan, require that no building be erected within the boundaries of such park or parks for up to 3 years without its approval. J. PROTECTION OF NATURAL FEATURES 1. Due regard shall be shown for all natural features, such as large trees, archaeologic sites, water courses, historic sites, scenic points, and similar community assets, which, if preserved, will add attractiveness and value to the subdivision. 2. Every subdivision shall comply with the requirements of the Wetlands Protection Act, M.G.L c. 131, Section 40, the regulation issued thereunder. If design changes are required as the result of an action or decision of the Conservation Commission pursuant to such provisions, the Applicant shall promptly notify the Planning Board. The Planning Board may condition its approval of the plan upon the issuance of an Order of Conditions by the Conservation Commission. 3. The Tree Warden shall be consulted before any trees am removed. K. EARTH REMOVAL Where earth removal i anning Board as to the following enumerated lots show on Plan, entitled________________________________ recorded with said Deeds at Plan Book_________ Plan________ (or registered in said Land Registry District at Plan Book_______ Plan________) and said lots are hereby released from the restrictions as to sale and building specified thereon. Lots designed on said Plan as follows: _____________________________________________________________________ _____________________________________________________________________ ____________________________________ ____________________________________ Majority of the Planning Board ____________________________________ of the Town of West Boylston ____________________________________ ____________________________________ COMMONWEALTH OF MASSACHUSETTS ________________, ss. _________________________ date Then personally appeared________________________ one of the above-named members of the West Boylston Planning Board, and acknowledged the foregoing instrument to be the free act and deed of said Planning Board, before me, _____________________________ Notary Public My Commission expires:________________ FORM J ABUTTERS LIST Two copies of this form must be included with Form B. The list of abutters must be checked by the Board of Assessors before being submitted to the Planning Board. (Consult Sections IV.A.1.c,V.A.1.d) West Boylston Planning Board date________________ To the Planning Board: The undersigned, believing that the following list of names includes all abutters to the subdivision named below, including property owners across roads from the subdivision, has checked this list with the Clerk of the Board of Assessors. Name of Abutter Mailing Address of Abutter _____________________________ ___________________________________ _____________________________ ___________________________________ _____________________________ ___________________________________ _______________ ons shall be made to protect against erosion and shock. 14. A drop pipe should be provided for a sewer entering a manhole at an elevation above the manhole invert (see Plate 10). H. EASEMENTS 1. Easements for utilities across lots or along rear or side lot lines, shall be provided where necessary, and shall be at least 20 feet wide, and accessible by maintenance vehicles 2. Where a subdivision is traversed by a water course, drainage way, channel or stream, the Planning Board shall require the Applicant to provide a stormwater easement or drainage right-of-way of adequate width to conform substantially to the lines of such water course, drainage way, channel or stream, and to provide for construction, or other necessary purposes, In the absence of engineering or physical evidence as to the extent of the drainage way, an easement shall be required encompassing 30 feet from either side of the center line of any perennial stream and 15 feet from either side of the center line of an intermittent stream. 3. In order to secure adequate provision for water, sewerage, drainage, and other requirements where necessary in the subdivision, all water courses, drainage ways, channels, and streams shall be unobstructed and free from debris. 4. Easements for drainage, across lots, usually along rear or side lot lines, shall be provided where necessary, and shall be at least 20 feet wide. Such easements shall be of adequate width to provide for the construction of such drainage and for the proper maintenance thereof. 5. All lines of all easements will be calculated and described on the subdivision plan with a bearing and a distance. 6. If on the Preliminary or Definitive Plan an area is left for possible future construction of a road to back or adjacent land, a minimum of a 10-foot wide slope easement shall be shown on all lots abutting such road area, to enable proper slope construction if and when the road is built. The slope easements shall accompany the easement for future roadway and utility construction of the road area. 7. Temporary construction easements sha Are there restrictions on counting wetlands, sloped land or easements in lot size calculations? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] No" "[INST] Context: o the Wetlands Protection Act and minus twenty-five (25) percent of the lot, by the minimum lot size. Gross Sq. Footage Ch. 131 Land 25% of site ________________________________________________ Minimum Lot Size 2. The single family units may be attached, detached or a combination of both as permitted in the underlying zone. Each unit must have private/direct entries and yard areas immediately adjacent to the unit for the private use of the unit occupants. 3. The entire site shall be designed to and shall remain in one ownership and shall be developed and maintained as a unit, excepting for units, private yards and other similarly designated spaces for private use and/or ownership. The Planning Board shall determine that the design and ownership scheme assures unified control and maintenance of all land not so individually owned. 4. Unit placement and configuration shall be guided by the characteristics of the site, proposed structures and nature of the existing built environment in the area of the proposed cluster subdivision. 5. A maximum of forty (40%) of the site may be impervious surface. 6. At least (40) forty percent of the net site (calculated as the gross area minus the area dedicated to roadway) must be permanently committed as open space. The designated open space must be accessible and capable of being used. it cannot be constituted only of ""unbuildable land"". Where density bonuses are given, the open space requirement may be proportionally decreased to thirty-five (35) percent of the net site. Such open land shall either be conveyed to the City and accepted by it for park or open space use or be conveyed to a non-profit organization the principal purpose of which is the conservation of open space or to be conveyed to a corporation or trust owned or to be owned by the owners of lots or residential units within the development. if such a corporation or trust is utilized, ownership thereof shall pass with conveyance t limitation imposed by the abutting zoning district nearest to the structure to be built. 4. Due to State mandates under Chapter 30A, Section 3 and other judicial decisions and not withstanding any provisions of the contrary, any group home for mentally and physically disabled persons shall meet all of the dimensional requirements of a single family dwelling. C. All earth placing, filling or dumping incidental to the activities in Section 5-1(A) shall have finished slopes at no greater than two and one half to one (2.5:1) without providing some form of slope protection or retaining walls. Any slope protection method or retaining wall shall receive the approval of the Code Director or DPW Commissioner, as applicable, prior to its installation. The Code Director or DPW Commissioner, as applicable, may require certification by a registered professional engineer of such protection prior to the issuance of any building permit. D. All other earth placing, filling or dumping, including snow and ice, shall be permitted only upon grant of a special permit from the Zoning Board of Appeals. The Zoning Board of Appeals may issue a special permit for the placing, filling or dumping of earth or other material, including ice and snow, after a report by the Commissioner of Public Health and the Conservation Commission subject to the following conditions: (1) Establishment of a time period to complete the filling operations but not more than two (2) years. (2) Not more than two (2) entrances-exits shall be allowed onto any one street. (3) At all stages of operations, proper drainage shall be provided to prevent the collection and stagnation of water and to prevent harmful effects upon surrounding properties. During construction or filling operations on sites adjacent to or where drainage and runoff will enter any natural stream, pond or culvert connected thereto, a berm will be constructed between the stream or pond and the construction site, with drainage channeled through a settling pool or catch basin to trap silt prior to entering the water body. If, when complete, the s cts they may not be erected closer to any lot line than one-third (1/3) of the height of the structure above grade at that point on the lot line nearest to such structure. 9. A campus or a contiguous area of land may be considered as one lot and under one ownership for the purposes of compliance with the dimensional parking, loading and other requirements of this Ordinance where there is management, lease or ownership control that will provide evidence sufficient in the opinion of the Code Director that a grouping of contiguous tracts of real estate is designed, constructed and will continue to be operated and maintained as a single unit in accordance with an agreement executed by all parties having an -interest in the parcel of land which agreement will be filed with the Code Director and recorded in the Worcester County Registry of Deeds as part of the deed for each element of the tract. 10. Provided it is not otherwise nonconforming, where a lot or structure is reduced by a taking by eminent domain to a size not in conformity with the dimensional requirements of this ordinance, said use shall not be deemed nonconforming by reason thereof, and shall be treated as a dimensionally conforming use under this ordinance. 11. For each foot by which a recorded lot in existence on the effective date of this ordinance is narrower than the required width or narrower than fifty (50) feet where no minimum frontage is required, three (3) inches may be deducted from the required side yard setback provided that no side yard setback be less than seven (7) feet where a side setback is required by this Ordinance. For each foot by which a recorded lot in existence on the effective date of this ordinance is less than one hundred (100) feet deep, one (1) foot may be deducted from the required rear yard set back provided that no rear yard setback may be less than ten (10) feet. 12. In districts of a 2.0 or greater floor area ratio, where a rear lot line abuts a public street, private street or way at least ten (10) feet wide, no rear setback is required. Section 5 Nonconforming Uses and Buildings 1. Unlawful Uses A land use, building or structure not in c m will be constructed between the stream or pond and the construction site, with drainage channeled through a settling pool or catch basin to trap silt prior to entering the water body. If, when complete, the site is to be paved, all drainage shall be channeled through and approved catch basin before entering the water body. (4) During the period of placing, filling or dumping, all necessary precautions shall be taken as deemed necessary by the Zoning Board of Appeals for the protection of pedestrians and vehicles. (5) When the placing, filling and/or dumping of earth are completed, the area is to be graded so that no finish grade shall be steeper than a slope of 2.5 horizontal to 1 vertical. (6) A layer of arable topsoil of a quality approved by the Code Director shall be spread over the clean fill to a minimum of four (4) inches in accordance with the approved contour plan. The area shall be seeded with a suitable cover crop and maintained until the area is stabilized and approved by the Code Director. (7) All necessary precautions shall be taken to protect against any damage being done to surrounding land and to ensure that no dangerous conditions are created after completion. (8) Prior to any placing, filling or dumping of earth, site plans shall be submitted to the Zoning Board of Appeals containing the following: a. Existing and proposed contours at intervals of two feet. b. Estimated volume of earth to be dumped. c. Proposed truck access to the excavation. d. Names of abutters. The Zoning Board of Appeals shall make a finding of approval, approval with conditions or disapproval. Any finding shall be in writing and shall be directed to one (1) or more of the standards provided above. 2. Earth Excavation A. The removal of earth, including soil, loam, sand, gravel, clay, stone, quarried rock or other subsurface products except water, is permitted in all districts if such material is entirely incidental to: (1) The construction of any structure for which a building permit has been issued which specifies nature and extent of s pt water, is permitted in all districts if such material is entirely incidental to: (1) The construction of any structure for which a building permit has been issued which specifies nature and extent of such earth removal. (2) The construction of ways within subdivisions and 'more than one (1) building on a lot"" projects which have been approved by the Planning Board. (3) Utility construction in public and private ways and private property. (4) The routine landscaping (not including significant changes in topography) of a lot with a one (1) or two (2) family residence thereon by the owner thereof, so long as the existing topography of the parcel in no location exceeds a 15% grade. (5) The construction of parking lots as approved under Article IV, Section 7. B. During construction for any of the activities in Section 5-2(A), all disturbed areas of land shall have erosion control for the protection of adjacent properties. Erosion control methods shall be approved by the Code Director or the DPW Commissioner, as applicable, and shall be installed prior to construction. The Code Director or DPW Commissioner, as applicable, may require certification by a registered professional engineer of the erosion control methods prior to the issuance of any building permit. C. Any earth removal incidental to the activities in Section 5-2(A) shall have finished slopes of no greater than two and one half to one (2.5:1) without providing some form of slope protection or retaining wall. Any slope protection method or retaining wall shall receive the approval of the Code Director or DPW Commissioner, as applicable, prior to its installation. The Code Director or DPW Commissioner, as applicable, may require certification by a registered professional engineer of slope protection prior to the issuance of any building permit. D. All other earth removal shall be permitted only upon grant of a special permit from the Zoning Board of Appeals. The Zoning Board of Appeals may issue a special permit for removal of earth after a report by the Commissioner of Public Health and Are there restrictions on counting wetlands, sloped land or easements in lot size calculations? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know. " "[INST] Context: e (25) % maximum. 3. Dwelling Lot Coverage (density) - twenty-five (25) % maximum. 4. Floor Area Ratio - 0.5 maximum. 5. Distance between common use buildings/structures - thirty (30) feet. 6. Additional Parking Provisions - in addition to individual dwelling unit parking requirements addressed, supra, within the development, separated and screened from the majority of dwelling units, there shall be provided an additional paved and lined parking area, equivalent to twenty (20) % of that which is provided for dwelling units, for the longer-term parking and storage of recreation-type vehicles, not used on a daily basis; such area may additionally serve to accommodate overflow guest parking and may be located within any qualifying open space along the perimeter of the development. 7. The right-of-way network shall be so designed and constructed as not to allow vehicular traffic throughout the development from neighboring parcels or streets. Road signs shall be posted to indicate ""NOT A THRU STREET,"" or other appropriate wording, to temper unnecessary intrusion of off-site traffic. 8. Paved sidewalks shall be located and constructed to the bounds of the development from interior roadways to provide pedestrian access to neighboring streets and abutting parcels, if practical, as determined by the Planning Board. 9. Along the perimeter of the development parcel, for a depth of thirty (30) feet minimum, landscape greenery or other buffering/screening method(s), in place at the time of development, which can serve to obstruct the view of adjacent land use properties from one another, shall remain undisturbed; except for underbrush clearing and general maintenance. If such existing buffering/screening is deemed insufficient it shall be supplemented, as determined by the Planning Board. 10. Rights-of-way, driveways and sidewalks within the development shall meet such width, grades, radius of curvature and construction standards as required by the Planning Board Subdivision Rules and Regulations red (300) feet or one hundred fifty (150) feet if abutting other premises developed for multifamily use. 3. Front, side and rear yards shall be not less than fifty (50) feet, except that no multifamily structure or parking area serving a multifamily structure shall be less than three hundred (300) feet from any existing public street or less than two hundred (200) feet from any other premises not zoned RM. 4. Within the three-hundred-foot street setback, there shall be no development, except for access drives essentially perpendicular to the street, and no removal of trees having trunk diameter of six (6) inches or greater, except as essential for access and safe visibility for egressing vehicles and to remove unhealthy trees. 5. Required yards abutting a public way and required side and rear yards shall be maintained or landscaped so as to provide a dense planting of trees and shrubs with an effective height of at least six (6) feet. 6. Building height shall not exceed twenty-eight (28) feet. No building shall exceed two (2) stories in height. 7.5.8 Building Design. 1. Each building entrance shall give access to no more than two (2) dwelling units. 2. No floor except an unoccupied basement shall be below grade at its entire perimeter. 3. No structure shall contain more than twelve (12) dwelling units. 7.5.9 Decision. In considering approval of a special permit, the Zoning Board of Appeals shall seek an advisory from the Planning Board or its designated agent on the advisability of reducing lot area to seventy-five percent (75%) of that otherwise required herein for any development sponsored by a public agency, nonprofit, limited dividend organization or cooperative in which forty percent (40%) or more of the dwelling units are to be subsidized for people of low or moderate income under programs regulated and financially assisted by agencies of the government of the United States or of the Commonwealth of Massachusetts under programs for that purpose. The special permit shall . 9. Rear Yard. The minimum rear yard within any development component parcel shall be thirty (30) feet. Notwithstanding anything to the contrary contained herein in no event shall Dwelling, Multifamily, For Rent; Age Restricted, Multifamily; Age Restricted, Detached, or Age Restricted, Attached with a height in excess of two (2) stories above grade (3 stories at the rear of the building if the slope of the land permits) be located within 200 feet of the property line of the residential properties which abut Area F and which are outside the Rail Transit District (RTD). 10. Lot Coverage. The maximum development coverage in a Rail Transit District (RTD) shall not result in aggregate Open Space being less than 30%. Such lot coverage restriction may be waived if appropriate and in keeping with reasonable land uses as determined by the Planning Board when considering Site Plan Review Criteria. 11. Building/Structure Height. Except as otherwise specifically provided herein, the maximum height of any Dwelling Multifamily, For Rent structure) in a Rail Transit District (RTD) shall be three (3) stories above grade (four stories at the rear of the building if the slope of the land permits) and the maximum height of any Age Restricted, Attached, Age Restricted, Detached, and Age Restricted, Multifamily building and any accessory structure related to such age restricted dwelling building shall not exceed two (2) stories above grade (three stories at the rear of the building if the slope of the land permits). The maximum height of any commercial building permitted in a Rail Transit District (RTD) shall be thirty (30) feet. The maximum height may be increased to fifty (50) feet within the Rail Transit District (RTD) upon the grant of a Special Permit and in accordance with the State Building Code. 8.4.8 Buffering and Screening. In order to obstruct the view of adjacent land use parcels outside of the Rail Transit District (RTD), within a distance of fifty (50) feet, minimum, of side and rear yard boundaries, in place landscape greenery or other screening method(s) exist rea."" 4. Setbacks and Yard Regulations for Buildings. 1. Following are the setback requirements: a. Required front setback distance: no minimum and no maximum. b. Required side yard width: 10 feet minimum. c. Required rear yard depth: Minimum 15 feet 5. Display/Storage. No storage or permanent display of goods, products, materials or equipment, vending machines or similar commercial devices shall be located nearer to the line of any street than the permitted setback distance for a building on the lot. 6. Height Regulations. Building heights up to five (5) stories are allowed in the PSMUOD, and, as a development incentive, the SPGA may allow buildings higher than five (5) stories if the developer can demonstrate to the SPGA's satisfaction, that the increased height is in keeping with the purpose of the bylaw. 7. Common Open Land. 1. The developer is encouraged to have Common Open Land for use by the general public. The Common Open Land shall have a shape, dimension, character and location suitable to assure its use for park or open space purposes by the general public. 2. The SPGA may permit a density bonus of one (1) dwelling unit per 2,000 sf of Common Open Land provided the area of Common Open Land shall equal at least ten (10) percent of the total parcel area. 3. Any required takings for Right of Way (ROW) improvements including sidewalks along a public street, will not impact the minimum required ""buildable lot area"" for the development and may be included in the Common Open Land calculation if said land is transferred to the Town or State, as appropriate, free of charge. 7.0 Affordable Housing. 1. As a condition of the grant of any special permit in the PSMUOD creating more than ten (10) residential units, a minimum of the following total number of dwelling units shall be restricted as affordable for a period of not less that ninety-nine (99) years. Fractions of .49 or less shall be rounded down and .50 or more rounded up. The form of the ninety-nine year restriction shall be approved by legal counsel to the SPGA, and a rig wo-family dwellings. 5. In the CN District, access to the rear of the lot shall be via 16' drives. 6. In the CH, CD, and CV Districts: for single-family dwellings not connected to municipal water and sewer, increase minimum lot area by 50%; for two-family dwellings not connected to municipal water and sewer, increase minimum lot area by an additional 50%. 7. In the CN District, lot coverage by buildings shall not exceed 15%. 8. In the CO District, lot coverage by buildings shall not exceed 30% and minimum building separation shall be 20 feet. 9. In the CO District, the front, side and rear setback for office use shall be increased to 60' when all or any part of the front, side or rear yard includes the 100 foot buffer area provided for herein being a separate landscape buffer area along the northern edge of the zoning district, running easterly from a point on Chestnut Street, adjacent to land now or formerly of Frank Summers, a distance of 63.82 feet, and then running northerly along said land of Frank Summers a distance of 110 feet, and then running easterly along the northern boundary of the zoning district perpendicular to Mount View Drive, a distance of 566.31 feet, (the ""Northernmost Zone Line""). 10. In the CO District, the Front, Side and Rear Setbacks for Parking and Signs shall be increased to 100 feet when all or any part of the front, side, or rear yard includes the 100 foot buffer area provided for herein being a separate landscape buffer area along the northern edge of the zoning district, running easterly from a point on Chestnut Street, adjacent to land now or formerly of Frank Summers, a distance of 63.82 feet, and then running northerly along said land of Frank Summers a distance of 110 feet, and then running easterly along the northern boundary of the zoning district perpendicular to Mount View Drive, a distance of 566.31 feet, (the ""Northernmost Zone Line""). 4.1.3 Accessory structures. Accessory structures may not be placed within required yards, except that permitted signs or roadside stands may be located within a required front yard area, and a permitted on What is the longest frontage requirement for single family residential development in any district? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] I don't know" "[INST] Context: § 235-67. Cluster residential development. For single-family residential development in a cluster pattern in the SR, SR-A and SR-B Districts, subject to dimensional and density regulation less than the minimum required for development of an individual lot in the same district, the following conditions shall apply: A. The tract of land in a single or consolidated ownership at the time of application shall be at least 15 acres in size and the plan of which shall be subject to approval by the Planning Board under the Melrose Land Subdivision Regulations. B. A site plan shall be presented to the Planning Board for the entire tract. C. Each individual lot in the SR, SR-A and SR-B Districts shall be subject to all requirements for a one-family detached dwelling in the UR-A District. D. The total number of proposed lots in the development within the SR District shall not exceed the number of lots which could be developed under normal application requirements of the SR District. The total number of proposed lots in the development within the SR-A District shall not exceed the number of lots which could be developed under normal application requirements of the SR-A District. The total number of proposed lots in the development within the SR-B District shall not exceed the number of lots which could be developed under normal application of the requirements of the SR-B District. For purposes of this subsection, it shall be assured that a maximum of 80% of the total tract area could be utilized to meet lot area requirements. E. The proposed plan shall be in accordance with the Melrose Future Land Use Plan as last revised. F. The development shall be served by both public water and public sewerage systems. G. The minimum open space requirement shall be 50% of the total tract area. A portion of the open space land, amounting to at least 10% of the total tract area, shall be set aside as common land covenanted to be maintained as permanent open space in private or co Department of Housing and Urban Development, pursuant to Section 8 of the Housing Act of 1937, as amended by the Housing and Community Development Act of 1974. MIXED USE DEVELOPMENT -- A development that contains a combination of at least 2,500 square feet of commercial gross floor area plus five or more residential units. PERIOD OF AFFORDABILITY Shall be in perpetuity (99 years). PROPERTY, PHASED -- Any residential or mixed use development or developments at one or more adjoining sites in common ownership or under common control within a period of two years from the first date of application for any special or building permit for construction on the lot or lots. RESIDENTIAL DEVELOPMENT -- Single-, two-family and multifamily homes, townhouse development, elderly oriented congregate housing and lodging and rooming house dwellings. B. Applicability and requirements. (1) The provisions of this § 235-73.1 shall apply to any residential or mixed use development containing five or more dwelling units, including phased projects. These provisions shall apply with respect to developments in all zoning districts of the City, provided that the provisions of this section shall not apply to any residential or mixed-use development which has previously received a special permit or variance from the relevant permit granting authority containing conditions requiring the inclusion of affordable housing in such residential or mixed-use development, nor to any such residential or mixed-use development which is subsequently modified in accordance with the provisions of this section, provided that such affordable housing inclusion conditions remain substantially unchanged as a result of any such modification. Developments required to obtain a special permit in accordance with this § 235-73.1 shall not be required to obtain a special permit for more than four accessory parking spaces under § 235-17, accessory use #18. (2) A developer of a residential or mixed use development subject to these provisions shall provide 10% of the total number of dwelling units up to the maximum allowed as of right as affordable units. Where the application of that formula results in -69D to that portion of the total tract in the residential district. However, the location of each type of use shall not be restricted by the zoning district boundary. F. The minimum open space requirements shall be as follows: percent of total tract area: 10%; percent of developed area: 5%. A portion of the open space land, amounting to at least 10% of the total tract area, shall be set aside as common land covenanted to be maintained as permanent open space in private or cooperative ownership. The form of covenant covering such common land shall provide for its permanent ownership and maintenance and shall be subject to the approval of the Planning Board and the City Solicitor (with the consent of the Aldermen this common land may be deeded to the City). This common land shall be of such a physical character and appropriately planned so as to be of use to the residents and patrons of the development. G. The remaining land area may be developed for residential, community facilities and business uses. In considering the application, the Planning Board should determine the need for sites for community facilities such as schools, playgrounds, fire stations and the like. Where such a need is found, appropriate sites within the development shall be set aside. H. The residential density shall not exceed 60 dwelling units per acre of the portion of the total land area devoted to residential use. I. The locations of buildings shall be governed by the following: (1) All buildings shall be at least one foot from any lot line for each foot of building height, but in no case shall any building be closer than 15 feet. (2) All principal buildings shall be at least 24 feet apart, except that where building heights exceed 40 feet, these distances shall be increased by one foot for each foot of height over 40 feet. (3) All principal buildings shall be at least 15 feet from any common parking area. J. Buildings of greater height than eight stories may be allowed only as long as the minimum distances required in Subsection I(1) and (2) above are increased by one foot for each two feet of height over 80 feet. K. The development shall be served by this strip shall be at least 25 feet in width, except when abutting a residential use in the UR-C district, in which case the width may be reduced to 10 feet. It shall contain a screen of plantings of vertical habitat in the center of the strip not less than three feet in width and six feet in height at the time of occupancy of such lot. Individual shrubs or trees shall be planted not more than three feet on center and shall thereafter be maintained by the owner or occupants so as to maintain a dense screen year-round. At least 50% of the plantings shall consist of evergreens and they shall be evenly spaced. (Ord. No. 16985C, 11-27-1972) § 235-23. Buildings in floodway. A building, except a boathouse, shall not be erected in a floodway or in any area subject to periodic flooding unless the first floor elevation is higher than the highest flood recorded. If such flood elevation shall have been reduced by construction of dams at the headwaters, or by other means, the first floor elevation may be correspondingly lowered to the reduced flood level. (Ord. No. 16985C, 11-27-1972) § 235-24. Accessory buildings and other structures. A. In the ""R"" districts, a detached accessory building shall conform to the provisions set forth in the following schedule: District,Area (1),Front,Rear,(feet) SR,25,20,10,20 SR-A,25,20,10,20 SR-B,40,15,10,20 UR-A,50,15,4*,20 UR-B,50,15,4*,20 UR-C,50,15,4*,20 UR-D,50,15,4*,20 NOTES: 1 The required rear yard area is calculated by multiplying the required rear yard depth by the required lot width. 2 The required distance from side and rear lot lines for accessory private swimming pools shall be 10 feet in all districts. Any swimming pool with side walls over two feet in depth shall be enclosed in an impassable six-foot-high fence with a self-latching gate or an equivalent enclosure or means of protection from access to the pool as defined in the State Building Code. Self-enclosed pools shall be enclosed to a height of six feet above ground level with a self-latching gate or an equivalent impassable enclosure as approved by the Building Commissioner. B. An access s for community facilities such as schools, playgrounds, fire stations and the like. Where such a need is found, appropriate sites within the development shall be set aside. G. The residential density shall not exceed 20 dwelling units per acre of the total tract area. H. The locations of buildings shall be governed by the following: (1) All buildings shall be at least one foot from any lot line for each foot of building height, but in no case shall any building be closer than 15 feet to any lot line. (2) All principal buildings shall be at least 24 feet apart, except that where building heights exceed 40 feet, these distances shall be increased by one foot for each foot of height over 40 feet. (3) All principal buildings shall be at least 15 feet from any common parking area. I. Buildings of greater height than eight stories may be allowed only as long as the minimum distances required in Subsection H(1) and (2) above are increased by one foot for each two feet of height over 80 feet. J. The development shall be served by both public water and public sewerage systems. K. The principal streets shall be offered for acceptance as public ways. Where retained as private ways, they shall be posted as such by standard street signs. L. A location plan at a scale of one inch equals 650 feet shall be submitted. M. A site plan for the entire tract at a scale of one inch equals 40 feet, prepared by a recognized land planner, registered architect or registered professional engineer, shall be submitted to the Planning Board in duplicate and shall show, in addition to other items as may be required by the Planning Board, at least the following: (1) Two-foot contours on the tract and within 50 feet thereof. (2) The location and acreage of areas to be devoted to specific uses. (3) Existing and proposed streets, parking, drainage and utility systems. (4) Proposed residential density of development in terms of dwelling units per acre and type and prop What is the longest frontage requirement for single family residential development in any district? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] I don't know" "[INST] Context: 4.12. Regulations for Reduced Lot Frontage in the Village Residential District 4.12.1.Purpose. A reduction in lot frontage may be permitted in the Village Residential District for the purpose of providing a range of housing choices, including housing affordable to low-, moderate- and median-income households. 4.12.2. Requirements. The Planning Board may issue a SPECIAL PERMIT to reduce lot frontage in the Village Residential District consistent with the following criteria: 4.12.2.1. The LOT has a minimum continuous street FRONTAGE of not less than fifty (50) feet. 4.12.2.2. The area of a LOT with reduced FRONTAGE shall be at least equal to the minimum LOT size of the Village Residential District. 4.12.2.3. The LOT shall have at least one area suitable for the construction of a dwelling that can accommodate a circle with a diameter of 60 feet. 4.12.2.4. Not more than two reduced frontage lots shall abut each other. 4.12.2.5. Two abutting reduced frontage lots shall be served by a Common Driveway. 4.12.2.6. A reduced frontage lot shall not interfere with the use and enjoyment of an abutting LOT and will not adversely affect the neighborhood. 4.12.3. Notwithstanding any other provision, a reduced FRONTAGE LOT created by SPECIAL PERMIT from the Planning Board shall not be further subdivided, or reduced in area, or changed in size or shape, and it may be used only for Infill Residential Uses as defined in Section 4.11 of this Bylaw. The Planning Board shall require deed restrictions to insure the aforementioned criteria and use limitations. 4.13. Regulations for Multi-Family Housing in the Village Residential District The Planning Board may grant a SPECIAL PERMIT for MULTI-FAMILY housing in the Village Residential District under the following conditions: 4.13.1. Multi-family housing in the Village Residential District is intended to provide a mix of housing types at a density and scale appropriate for the historic character of the district. To qualify for a MULTI-FAMILY housing SPECIAL PERMIT, the applicant must includ all apply to MULTI-FAMILY housing in the Village Residential District: 4.13.3.1. Multi-family dwellings shall not exceed eight units per acre unless the applicant proposes and the Planning Board approves a higher percentage of affordable housing units than the percentage achieved under Section the 20% minimum set forth in Section 4.13.1. In- no event shall the Planning Board issue a SPECIAL PERMIT for more than ten units per acre. 4.13.3.2. A MULTI-FAMILY development shall provide a mix of one-, two-, and three-bedroom units, except that no more than ten percent of the units in a MULTI-FAMILY development shall be three-bedroom units. 4.13.3.3. A MULTI-FAMILY building shall contain no more than eight units, and shall not exceed a building height of 35 feet and two and one half stories. 4.13.4. Multi-family housing STRUCTURES shall avoid monotonous, look alike designs and promote high standards of exterior quality and appearance. 4.13.5. Off-Street Parking. Applicants shall provide 1.5 parking spaces per one-bedroom unit and 2 parking spaces. per two- or three-bedroom unit. At least one space per unit shall be located so as to provide convenient access to its assigned dwelling unit. Parking garages will be permitted as a parking space if located and designed so as to complement the building design and site layout. 4.13.6. Setbacks. All buildings must be located at least 25 feet from any side or rear LOT line and 25 feet from any established street layout or, where applicable, any defined street line of a public road; which street setback area shall be undeveloped and/or landscaped. 4.13.6.1. Upon a finding by the Planning Board that a setback of lesser width would be sufficient to screen and/or separate the development from adjacent property, the setback may be reduced. The Board may require no-cut easements, conservation restrictions or the like where the setback has been reduced. 4.13.6.2. The Planning Board may also reduce the setback for MULTIFAMILY development of five or fewer units if the building is architectura ARTICLE 23. SUPPLEMENTAL REGULATIONS 23.1. Minimum Lot Frontage and Area. 23.1.1. Any LOT lawfully laid out by a plan or deed duly recorded or registered in the appropriate Registry of Deeds or Land Registry District, that complied with the minimum area and FRONTAGE requirements of this Bylaw in effect at the time of such recording or registering, may be built upon for residential use notwithstanding it may not comply with the minimum LOT area and minimum FRONTAGE requirements of this Bylaw; provided, however, that at the time of building, such LOT has an area of more than 5,000 square feet, a FRONTAGE of 50 feet or more, is in a district zoned for residential use and conforms, except as to area and FRONTAGE requirements, with all, other provisions of this Bylaw; and provided, further, that, at the time of adoption or amendment of this Bylaw, said LOT was held in ownership separate from that of adjoining land. 23.1.2. A LOT in common ownership which conforms with the minimum LOT area and minimum LOT FRONTAGE required in this Bylaw shall not be reduced so as to become nonconforming. **Webmasters Note: Subsection 23.1.3 has been deleted as per an update approved at a town meeting held 10/18/10. 23.2. Driveways. (Reserved) 23.3. Common Driveway. The Planning Board may issue a SPECIAL PERMIT to authorize a Common Driveway for single-family dwellings consistent with the following: 23.3.1. Purpose and Approval. A Common Driveway will not be permitted unless the Planning Board determines that it will provide a reasonable public benefit that would not otherwise be obtained without use of a Common Driveway. Public benefits or purposes may include a reduction in the number of curb openings or Driveways onto major streets or at unsafe or unsuitable lo and Merrimac Subdivision Regulations measured continuously along one street line between side LOT lines or in the case of corner LOTS, between one side LOT line and the midpoint of the corner. For LOTS on a cul-de-sac, or partially on a cul-de-sac, FRONTAGE shall be measured as the shortest straight line from side yard line to side yard line that is a tangent to the curve. For LOTS on curved roads that have curvilinear FRONTAGES, FRONTAGE shall be determined by measuring the linear distance along the curve. The driveway providing the principal access to a LOT shall be across the LOT FRONTAGE as herein defined, subject to the provision, however, that if a LOT has minimum LOT FRONTAGE on more than one street, the driveway may enter the LOT from any of such streets, subject to the approval of the BUILDING COMMISSIONER. The approval of the BUILDING COMMISSIONER shall be given only after issues concerning public safety, designed scenic roads and good planning principles have been considered. GREEN BUILDING TECHNOLOGIES : Any techniques or use of building or landscape materials or combination thereof that reduces the operational energy requirements of a STRUCTURE. GROSS FLOOR AREA : The sum of the gross horizontal areas of the several floors of a building excluding areas used for accessory garage purposes and such BASEMENT and cellar areas as are devoted exclusively to uses accessory to the operation of the building. All dimensions shall be taken from the exterior faces of walls, including the exterior faces of enclosed porches. HALF-STORY : Any place under the gable hip or gambrel roof, the floor of which is not more than two feet below the plate. HOMEOWNERS' OR RESIDENTS' ASSOCIATION : A legal organization approved by this Bylaw composed of all resident owners in a Residential Conservation Cluster responsible for owning or maintaining common property, providing for compulsory membership for each resident, equitable voting rights and effective participation opportunities. HOME OCCUPATIONS : The following limitations apply to all clas SE development and contribute to the MIXED-USE character of the district as a whole. To qualify for a MULTI-FAMILY housing SPECIAL PERMIT, the applicant must integrate dwelling units with a proposed commercial development. Integration may be achieved by one or both of the following methods: 9.10.1.1. Locating units above the ground floor of a commercial building, i.e., an accessory dwelling in a structure occupied principally for commercial uses. 9.10.1.2. Constructing ""free-standing"" or separate MULTI-FAMILY buildings on the same lot, provided they are located behind a commercial development that is oriented toward Route 110 and are connected to the commercial development by pedestrian walkways, appropriate landscaping, lighting and other elements of the site plan. 9.10.1.3. The Town strongly prefers that some of units be located above the ground floor of one or more commercial buildings in a development, and the Planning Board may require the same as a condition of SPECIAL PERMIT approval. 9.10.2. The following density and dimensional rules shall apply to MULTI-FAMILY housing: 9.10.2.1. No more than 60% of the GROSS FLOOR AREA of a proposed MIXED-USE development shall be used for MULTI-FAMILY dwelling units. 9.10.2.2. Multi-Family dwellings shall not exceed six units or twelve bedrooms per acre. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held 4/30/07. 9.10.2.3. A building designed exclusively for MULTI-FAMILY use shall contain no more than six units, and shall not exceed a building height of 35 feet and two and one half stories. 9.10.2.4. Buildings designed exclusively for MULTI-FAMILY housing shall avoid monotonous, look-alike designs and promote high standards of exterior quality and appearance. 9.10.3. Parking. Applicants shall provide 1.5 parking spaces per one-bedroom unit and 2 parking spaces per two- or three-bedroom unit. At least one space per unit shall be located so as to provide convenient access to its assigned dwelling unit. Parking garages will be permitted as a parking space if located and designed so as to complement the building design and site layout. 9.10.4. Setbacks. All buildings must be located at least 50 feet from any side or rear LOT What is the longest frontage requirement for single family residential development in any district? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] I don't know" "[INST] Context: reet other than a street created by the OSRD; provided, however, that the Planning Board may waive this requirement where it is determined that such reduced lot(s) will further the goals of this By-Law; (b) At least 50% of the required setbacks for the district shall be maintained in the OSRD unless a reduction is otherwise authorized by the Planning Board. Where structures containing three to four dwelling units are being proposed, the side lot lines between units may be 0 feet, however the distance between structures shall be a minimum of 20 feet; (c)Minimum Frontage: The minimum frontage may be reduced from the frontage otherwise required in the zoning district; provided, however, that no lot shall have less than 50 feet of frontage; (d) Setbacks: Every dwelling fronting on the proposed roadways shall be set back a minimum of 20 feet from the roadway right-of-way, and 10 feet from any rear or side lot line. In the event that dwellings are located on exclusive use areas or contain no interior lot lines, a minimum distance of 20 feet between single and two-family dwellings shall be required. (11) Increases in permissible density. The Planning Board may award a density bonus to increase the number of dwelling units beyond the Basic Maximum Number. The density bonus for the OSRD shall not, in the aggregate, exceed fifty percent (50%) of the Basic Maximum Number. Computations shall be rounded to the lowest number. A density bonus may be awarded in the following circumstances: (a) For each additional ten percent (10%) of the site (over and above the required 50%) set aside as open space, a bonus of one additional unit or five percent (5%) of the Basic Maximum Number, whichever is greater, may be awarded. (b) For every one (1) dwelling unit restricted to occupancy for a period in perpetuity by persons or families who qualify as low or moderate income, two (2) dwelling units may be added as a density bonus for each low income unit, one (1) dwelling unit as a bonus for each moderate income unit. (c) For every historic structure preserved and subject to a historic preservation restriction, one (1) dwelling unit m ARTICLE VI DIMENSIONAL REGULATIONS § 97-6. Dimensional Regulations. A. General Regulations. (1) Any building, structure, or part thereof, converted, constructed, altered, or moved shall conform with the requirements for lot area, frontage, yards, floor area ratio (FAR), lot coverage, and height as set forth in this table unless otherwise specified elsewhere in this bylaw. B. Table of Dimensional Requirements. TABLE OF DIMENSIONAL REQUIREMENTS ,Minimum,Dimensions,,,,Dimensions, Zoning District,Lot Area,Frontage,SetBacks,,Footprint,Lot Coverage,Height* ,(sft),(ft),Property line (ft),Street (ft),(sft),(%),(ft) R-AG Single Family,""40,000 (1)"",125,10(2),202 (2),,,35 Residence Two Family,""60,000 (1)"",125,10(2),20(2),-,-,35 Residence - Served by a public water supply Two Family Residence - all other,""80,000 (1)"",125,102,202,-,-,35 PR,""40,000 (1)"",125,10(2),202,,-,35 R-LB,""80,000 (1)"",125,10(2),202,,-,35 B,""10,000 (1)"",100,10,20,""2,500 (5)"",50,35 CH,""40,000 (4)"",200,25,50,-,50,35 CHA,""40,000 (4)"",200,25,50,,50,35 I,""40,000 (1)"",200,25(3),50³,-,50,35 Notes: (1) Required contiguous upland. Regardless of the actual lot size, at least 80% of the minimum lot area for the district shall be contiguous in uplands and shall not be in wetlands or in the Parker River-Essex Bay Area of Critical Environmental Concern. Such wetlands are defined in M.G.L. Chapter 131, Section 40 as amended, and include without limitation bogs, swamps, marshes, wet meadows, and areas of flowing or standing intermittent, and are characterized by their distinctive soils, including but not limited to peat or muck, by the existence of plant communities which require the presence of water at or near ground surface for the major portion of the year. Such plant communities are those described in M.G.L., Chapter 131, Section 40 as amended. [Amended 6-26-2001 STM, Art. 8; 6-24-2003 STM, Art. 15] [Added 6-24-2003 STM, Art. 17] [Added 6-24-2003 STM, Art. 16] (2) No part of any building on lots in said district may stand less than 10 feet from a property line or less than 20 feet from a street unless a nearer building line is already established by existing buildings. (3) No building on any lot shall be closer than 50 feet to a highway or watercourse or less than 25 feet from any side or rear boundary or more than 35 feet in height as measured from the mean sea level of the established grade at the building to the mean height of the roof. (4) Each lot shall have an area not less than 40,000 square feet and shall have a frontage on an accepted way of not less than 200 feet (an additional 2,000 square feet of gross area shall be required for each unit in any motel). (5) Maximum footprint area of a permitted non-residential building shall neither exceed 2500 square feet nor cover more than 50% of the lot. * See height definition section 97-11 D eptions if based in part on limiting the number of lots upon which buildings can be constructed shall be endorsed on the plan to which they relate or set forth in a separate instrument attached thereto and recorded therewith. The Board shall maintain in its flies a written explanation of the reduction or exemption together with the reasons for its approval. B. Cul-de-sac streets shall be provided with a turnaround having an outside sideline diameter of at least 165 feet, an outside roadway diameter of at least 140 feet, a pavement width of 25 feet, and a center island. Streets with a center island of less than four acres shall be classified as cul-de-sacs. Streets with a center island of four or more acres shall be classified as non-through streets. C. Length of cul-de-sac streets shall be measured from the side line of its intersect with a through street along the center line of the cul-de-sac street to the rear most point of the sideline of the turnaround. Length of non-through streets shall be measured from the sideline of its intersection with a through street along the center line of the non-through street to the point on such center line which is most distant from the sideline of the through street. D. Grades of all streets shall be the reasonable minimum but not less than two percent nor more than seven percent on collector and subcollector streets or ten percent on minor streets. § 117-22. Typical cross section. See the Typical Cross Section Diagram at the end of this chapter. § 117-23. Easements. A. Easements for utilities or for pedestrian access across lots or centered on rear or side lot lines shall be provided where necessary and shall be at least twenty feet wide. B. Where a subdivision is traversed by a watercourse, drainage way, channel or stream, the Board may require that there be provided a storm water easement or drainage right-of-way of adequate width to conform substantially to the l affic and allow for the proper projection of streets or for access to adjoining property which is not yet subdivided. B. Provisions satisfactory to the Board shall be made for the proper projection of streets or access to adjoining property, which is not yet subdivided. Reserve strips prohibiting access to streets or adjoining property shall not be permitted. C. Street jogs with center line offsets of less than 125 feet shall be avoided. D. Streets shall be laid but so as to intersect as nearly as possible at right angles. No street shall intersect any other street at less than 60 degrees. E. Property lines at street intersections shall be rounded or cut back to provide for a curb radius of not less than 30 feet. § 117-20. Classification of streets. § 117-21. General layout and dimensions. Minimum Sight Distance Minium width of R-O-W (ft) Minimum width of Road- way (ft) Prohibited Dead End,Prohibited,Prohibited,,Prohibited,,Prohibited,Prohibited Cul-de-sac,50 20,200,100,500,100,, Non-through,50,20,200,100,200,200, Through,50 22,200,100,n/a,200,, Subcollector Dead End,Prohibited,Prohibited,,Prohibited,,Prohibited,Prohibited Through Only,50,24,500,350,n/a,200, Collector,,,,,,, Through Only,60,28,800,450,n/a,400, A. The Board may in the case of residential streets authorize a reduction of the minimum roadway width and authorize an increase in roadway length. Such reduction or extension shall only be authorized if the Board finds it is in the public interest and that the design of the overall subdivision will significantly enhance the character of the neighborhood and preserve to a greater extent the historical and natural features of the site. Approval of such reductions or exceptions if based in part on limiting the number of lots upon which buildings can be constructed shall be endorsed on the plan to which they relate or set forth in a separate instrument attached thereto and reco ould be laid out to create internal and external connections to existing and/or potential future streets, sidewalks, and trails. Points of proposed public access to the conservation areas should be clearly delineated; (d) Step Four: Draw in the lot lines, if not treated as a condominium. (9) Design standards. The following Generic and Site Specific Design Standards shall apply to all OSRDs and shall govern the development and design process. (a) Generic Design Standards: 1) The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas. The orientation of individual building sites shall be such as to maintain maximum natural topography and cover. Topography, tree cover, and natural drainageways shall be treated as fixed determinants of road and lot configuration rather than as malleable elements that can be changed to follow a preferred development scheme; 2) Streets shall be designed and located in such a manner as to maintain and preserve natural topography, significant landmarks, and trees; to minimize cut and fill; and to preserve and enhance views and vistas on or off the subject parcel; 3) Mixed-use development shall be related harmoniously to the terrain and the use, scale, and architecture of existing buildings in the vicinity that have functional or visual relationship to the proposed buildings. Proposed buildings shall be related to their surroundings; 4) All open space (landscaped and usable) shall be designed to add to the visual amenities of the area by maximizing its visibility for persons passing the site or overlooking it from nearby properties; 5) The removal or disruption of historic, traditional or significant uses, structures, or architectural elements shall be minimized insofar as practicable, whether these exist on the site or on adjacent properties. (b) Site Specific Design Standards. 1) Mix of Housing Types. The OSRD may consist of any combination of single-family and two-family structures. Multifamily structur What is the longest frontage requirement for single family residential development in any district? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] 125" "[INST] Context: amount of square footage being developed and the cost of constructing the needed facilities. (Ord. of 6-28-90, §1) A FAMILY : One or more persons related by blood, adoption, or marriage living and cooking together as a single housekeeping unit, excluding household servants. A number of persons, but not exceeding three, living and cooking together as a single housekeeping unit though not related by blood, adoption, or marriage shall be deemed to constitute a family. (Ord. of 5-10$4, § 3) FAMILY DAYCARE HOME : As defined by the Massachusetts Office for Children, and as licensed or approved by them: but generally, any private residence which on a regular basis receives children for temporary custody and care during part of or all of the day. (Ord. of 3-15-88, § 1) FRONTAGE : The straight line distance between either the points of intersection of the side lot lines and the street right of way or the points of intersection of the side lot lines, and the rear line of the required front yard (see diagram under ""yard""): FRONTAGE, LOT . A continuous portion of the boundary between a lot and an abutting street between lot lines or, in the case of a corner lot, between a lot line and the intersection of street lines or of street lines extended. The measurement of lot frontage shall not include jogs in street width, back-up strips and other irregularities in street line, and in the case of a corner lot, may at the option of the owner extend to the midpoint of the curve connecting street lines, instead of to their intersection. FRONTAGE, STREET : A street which provides the required lot frontage for a building. When a lot is bounded by more than one street, any of item, but only one, may be designated as the frontage street by the owner, provided that the street meets the frontage requirements and the principal permitted building on the lot is numbered on such frontage street. However, in the case of a lot bounded by two streets forming an interior angle of more than one hundred thirty-five (135) degrees, their combined frontage be linear feet of all street frontages. (2) For lots with more than twenty (20) parking spaces, one (1) street tree per four (4) spaces shall be required, in addition to the foregoing. (3) Where side or rear yards abut land zoned for residential use, a landscaped buffer meeting the standards of section 6.5.8(c) shall be required. (4) Service areas, including but not limited to dumpsters, outdoor storage areas, tanks and loading docks, shall be screened from view from streets, walks and parking areas by sight impervious fencing or landscaping. (c) BC district. (1) Where buildings are set back more than ten (10) feet from a street, a minimum of four (4) street trees per one hundred (100) linear feet of street frontage shall be required, within a landscaped front yard at least ten (10) feet in depth. Said landscaped yard shall consist of a minimum of twenty (20) shrubs per one hundred (100) linear feet of frontage. (2) Where buildings are set back less than ten (10) feet from the property line, the front yard shall be landscaped with a minimum of twenty (20) shrubs or four (4) ornamental trees per one hundred (100) linear feet of frontage. (3) For parking lots with more than twenty (20) parking spaces, a minimum of one (1) street tree or ornamental tree per six (6) spaces shall be required, in addition to the foregoing. (Ord. of 5-29-97, § 5) 6.5.7 Industrial districts. (a) IL district. (1) Where buildings are set back more than ten (10) feet from streets, a minimum of four (4) street trees per one hundred (100) linear feet of street frontage shall be required, within a landscaped front yard at least ten (10) feet in depth. (2) Where buildings are set back less than ten (10) feet from streets, the front yard shall be landscaped with a minimum of twenty (20) shrubs or four (4) ornamental trees per one hundred (100) linear feet of frontage. (3) For parking lots with more than twenty (20) parking spaces, a minimum of one (1) street tree per six (6) parking spaces shall be required, in addition to the foregoing. (4) A minimum minimum yard shall be one hundred (100 feet. This requirement supersedes all other yard and set-back distances affecting the regional-business district. (d) A buffer zone of fifty (50) feet [shall] be established under said zoning. (Ord. of 8-4-83, § 1) (e) This is minimum project size, specific lots must be a minimum of six thousand (6,000 square feet. (Ord. of 10-11-84, § 15) (f) For individual mobile home parcels. (Ord. of 10-11-84, § 15) 5.3 MODIFICATIONS OF DIMENSIONAL REGULATIONS 5.3.1 Where a business or industrial district adjoins a residence R-1, R-1A, R-1B, R-2, R-3, R-4, or R-5 District, the sideyard requirement of the residence district, if more restrictive than that of the business or industrial zone, shall apply to all buildings in the business or industrial districts that are located within one hundred (100) feet of the boundary line between the districts. (Ord. of 5-10-84, § 27) 5.3.2 The determination of construction type for purpose of height limitations shall be based upon definitions of the National Board of Fire Underwriters. 5.3.3 Portions of a lot developed for multiple family dwellings which are not occupied by buildings or structures, and not used for off street vehicular parking, walks or interior access roads, shall be landscaped. All landscaped areas, including lawns, trees, shrubs and other plantings shall be properly maintained in a sightly and well-kept condition. 5.3.4 Open space required in business or industrial districts shall be provided in the rear, or in part of the sides, so as, in the opinion of the Building Inspector, to insure the adequate lighting and ventilating of the building and access in case of fire. 5.3.5 Steps, roofs over steps and/or windows, open or lattice enclosed fire escapes and bay windows which do not project over four and one half (4 1/2) feet beyond the foundation line, which do not exceed more than twenty-five (25) square feet, may extend beyond the minimum yard regulations otherwise provided for the district in which the structure is built (Ord. of 5- s shall be required per one hundred (100) linear feet of driveways, and shall be planted within fifteen (15) feet of the driveway edge. (3) Natural woodlands at least fifty (50) feet in depth may be substituted for the frontage and driveway trees. (4) A minimum of one (1) street tree or ornamental tree shall be required per four (4) off street parking spaces. (5) A neighborhood buffer meeting the standards in section 6.5.8(d) shall be required between any development under this section and the surrounding area. (Ord. of 5-29-97, § 5) 6.5.6 Commercial districts. (a) BH, BH2, and BB districts. (1) The front yard setback shall contain a continuous landscaped strip at least twenty-five (25) feet in depth, broken only to provide appropriate egress and access. A minimum of four (4) street trees shall be required per one hundred (100) linear feet of all street frontages, and shall be planted within fifteen (15) feet of the property line, evenly spaced. (2) For parking lots with more than twenty (20) parking spaces, a minimum of one (1) street tree or driveway per four (4) parking spaces shall be required, in addition to the foregoing. (3) A minimum of one-half the required side and rear yard setbacks shall be landscaped with a site perimeter in accordance with the provisions of section 6.5.8(c). (4) Where side or rear yards abut land zoned for residential use, a neighborhood buffer meeting the standards of section 6.5.8(d) shall be required. (5) Service areas, including but not limited to dumpsters, outdoor storage areas, tanks and loading docks, shall be screened from view from streets, walks and parking areas by sight impervious fencing or landscaping. (b) BN and BN2 districts. (1) A landscaped front yard at least twenty-five (25) feet in depth shall be provided, with a minimum of four (4) street trees per one hundred (100) linear feet of all street frontages. (2) For lots with more than twenty (20) parking spaces, one (1) street tree per four (4) spaces shall be required, in addition to the foregoing. (3) Where side ng for one family in a connected row of three (3) or more dwellings, where one family is not living over another. MUNICIPAL PROPERTIES REUSE DEVELOPMENT (MPRD) : A municipal properties reuse development shall mean the development of municipal properties no longer serving a municipal purpose, as a single entity, in which a mixture of residential, open space, commercial, and light industrial uses, and a variety of building types and designs, are determined to be sufficiently advantageous to render it appropriate to grant a special permit to the extent authorized by this zoning ordinance. (Ord. of 9-16-82, § 1) NATURAL WOODLANDS : A grouping of mature indigenous trees with a minimum density of twenty (20) trees of six (G) inches' diameter or greater per ten thousand (10,000) square feet throughout (Ord. of 5-9-97, § 1) NEIGHBORHOOD BUFFER : A landscaped area sufficient in depth and screening to visually separate one land use from one another. (Ord. of 5-9-97, § 1) NURSING HOME : Any place or institution for the aged, infirm, chronic or convalescent whether conducted for charity or for profit which is established to render domiciliary care, custody, treatment or lodging for three (3) or more unrelated persons who require or receive assistance in ordinary daily activities of life or who are confined to bed or chair. (This term includes boarding and rooming houses for aged people, convalescent homes, rest homes, homes for the aged or infirm and convalescent homes for children, but does not include hospitals, clinics and similar institutions devoted primarily to the diagnosis and treatment of disease, injury, maternity cases or mental illness.) ONE-FAMILY DWELLING : A detached dwelling designed for and occupied by a family excluding mobile homes. (Ord. of 5-10-84, § 4) ORNAMENTAL TREE : A small to medium size deciduous tree, noted for its form, leaf color, texture, flowers, or fruit, used to provide vegetative screening along a driveway, beside a building, or within a landscaped buffer. (Ord. of 5-9-97, § 1) OVERLAY ZONE What is the longest frontage requirement for single family residential development in any district? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] I don't know" "[INST] Context: hat less distance is desirable. In no case shall such distance be less than twenty (20) feet. 7324. On-site drained parking areas shall comply with Section 5100, and adequate provision for aisles and drives shall be provided. Visitor parking spaces shall be clustered and distributed throughout the site to complement the design and layout of the site and to ensure safe vehicular and pedestrian flow. Separate buildings for parking garages, if any, shall be located and designed so as to complement the apartment building design and site layout. Parking spaces located at the front of the site shall be suitably screened so as to not be viewed from the road. 7325. All dwelling units within apartment buildings shall have a minimum floor space area of four hundred-eighty (480) square feet. 7326. Except for detached single family dwelling units, no multifamily residential development containing eight (8) or more dwelling units shall have more than twenty percent (20%) of the total number of dwelling units with three (3) or more bedrooms. 7327. Easements and deeds shall be granted to the town to secure access to town facilities, utilities and land. 7328. Excepting master antennas serving one (1) or more buildings, exterior antennas for reception or transmission of electronic signals shall not be permitted. 7329. All multifamily developments shall require signage in accordance with Section 5300 to be located at all entrances to the multifamily development and in the case of apartment buildings, each building shall be designated by street numbering as determined by the Board of Assessors, and each unit number shall be clearly marked with numerals or letters of no less than six (6) inches in height and be of a clearly visible color. In the case of multifamily developments containing single-family detached dwelling units a permanent marker of engraved granite not greater than six (6) square feet in area shall be placed at the end of the driveway entrance to the multifamily development where it meets the public way and shall contain the diagram of the addresses of the properties as designated by the Board of Assessors. A similar, but smaller, marker shall be placed where the driveway meets the indi to approve any related plan for subdivision, nor reduce any time periods for Board consideration under the law. However, in order to facilitate processing, the Planning Board may, insofar as practical under existing law, accept a combined plan and application which shall satisfy both this section and the Board's regulations under the Subdivision Control Act. 7350. Conditions. Where a special permit for multifamily residential development is granted which is not subject to subdivision control, the Planning Board shall impose all or such part of its subdivision control requirements as it deems advisable as conditions upon its permit, including but not limited to the construction of roads and driveways, drainage facilities and other facilities and utilities, and shall require a bond or covenant in the manner prescribed in the subdivision regulations to secure performance of the entire plan for multifamily residential development as approved for special permit. 7400. TRAILERS 7410. General No person shall use or permit to be used for dwelling purposes within the town any trailer or similar mobile equipment, whether registered or unregistered, mobile or immobile, except that mobile trailers may be used for temporary dwelling purposes, provided that such use is licensed by the Selectmen, said license to be applied for by the occupant within three days after the unit is located in the town and with no license granted hereunder to be for a period exceeding six calendar months. 7420. Preexisting Trailers. The above restrictions shall not apply to trailers which are presently or are hereafter placed in any trailer park already in existence in the town or to any existing trailer presently being used for dwelling purposes, which trailers shall be subject to and limited by licenses, if any, presently in effect. 7421. Such trailers may be replaced by a trailer not more than 20% larger in volume than the lawfully preexisting trailer. 7500. REAR LOTS 7510. General In a Rural, Town Suburban or Recreational Residential District, a building and occupancy permit for one (1) single family dwelling unit may be issued notwithstanding the minimum frontage requirements set forth in Section 4000, subject to inimum front yard,25 feet,25 feet,25 feet Note: Lots with duplexes (two attached dwelling units) or multifamily units shall require twice the minimum lot area as specified above for single family lots and must comply with all provisions of section 7300, Multifamily Residential Development, of the Pepperell Zoning Bylaw. All other dimensional requirements for duplex and multi-family lots are unchanged from the underlying zoning. Streets shall be designed and located in such a manner as to maintain and preserve natural topography, significant landmarks, and trees; to avoid wetland crossings, if possible; to minimize cuts and fills; and to preserve and enhance views and vistas on or off the subject parcel. If the street is to become a public way, all Town of Pepperell design and engineering standards pertaining to new subdivision roads, as described in the Subdivision Rules and Regulations, must be followed. The Planning Board shall require connection, at the applicant's expense, of the OSRD to the municipal sewerage system when available. For purposes of this requirement, municipal sewerage shall be deemed available when a line comes within a reasonable distance from an access street to the site. Factors which will be used in determining if public sewer is available within a reasonable distance shall include, but are not limited to, the actual distance, the capacity of the existing line, topography, grade from the site to the public sewer, size of the development, effective density of development, ability to obtain easements, permits or license to traverse land of others, environmental constraints and correlation with the Sewer Commission Master Plan. The applicant shall submit calculations for a surface water drainage design based on a twenty-five year storm event performed and certified by a registered professional civil engineer demonstrating that the anticipated storm water runoff from the site shall not exceed peak runoff from the site prior to development. Culverts shall be designed on the basis of a fifty yea ermit to allow such lot may be built upon thereafter, provided that such lot has 100 feet of remaining frontage and a minimum area of 10,000 square feet. 4300. SPECIAL PERMIT TO VARY HEIGHT LIMITATIONS 4310. General In an Urban Residential or Commercial District the Planning Board may, by special permit, authorize greater height for the purposes of: 4311. increasing the available light and air in and around the building and adjacent buildings; 4312. better vehicle and/or pedestrian access to the building and surrounding buildings and accessory parking and other uses; 4313. increasing the amount of open space, park and recreation areas for users of the building or the general public; 4314. preserving or enhancing scenic views within and beyond the structure and between adjacent structures; or 4315. maximizing benefits of cluster development, including but not limited to better siting of buildings, efficient use of public services and facilities and preservation of substantial open space and natural areas. 4320. Conditions. Special permits pursuant to this Section 4300 shall be subject to all of the following standards: 4321. The building or structure shall be no greater in height than one and one half (1.5) times the building setback from the center line of the public way or ways which abut the land upon which the said building or structure is proposed to be erected. 4322. The height of buildings and structures shall be no greater than two (2) times the average of the highest point of buildings and structures on abutting lots under separate ownership. When any such abutting lots are vacant, the building height on such lots shall be presumed to be thirty-five (35) feet. 4323. When a special permit is granted, setbacks may also be adjusted by the Planning Board so that minimum side, rear and front yards are increased by a multiple of the ratio of the height requirements otherwise applicable to authorized height of the building or structure. 4324. The Planning Board shall find, after consultation with the Board of Fire Engineers, that fire protection will be sufficient a parking is shown and the standards for a special permit are met, provided that the floor area of the resulting building is no greater than it would be if there were no special permit. 4220. Minimum Lot Width in Residential Districts. The minimum width of any lot in a residential district between the dwelling and the lot frontage shall be no less than forty (40) feet. 4230. Lot Shape The following rules apply to lot shape: 4231. In all residential districts, the required minimum lot frontage shall be maintained into the lot at least as far back as the required minimum front yard for the applicable district. 4232. If the width of a lot narrows to less than fifty percent (50%) of the width of the frontage within the first one hundred fifty (150) feet of the lot depth, the dimensional controls for a rear lot as set forth in Section 7500 shall apply. 4233. At no point shall the lot width measure less than forty (40) feet. 4234. The shape of all lots shall conform to the following requirement: 1. 16A > 0.4 2. P2 3. Where: 4. A = the lot area in square feet 5. P = the lot perimeter in feet. 4235. This formula may be applied to a lot which conforms to all requirements of Section 4000, including, but not limited to frontage, lot area, a minimum of 30,000 contiguous square feet of land exclusive of wetland and flood hazard areas and, when applicable, any requirements of Section 8100. 4240. Residential Use in Commercial or Industrial District A residential use hereafter located in a commercial or industrial district shall conform to the dimensional requirements of the nearest residential district except dwelling units above the first floor as allowed in the Commercial District. 4250. Special Permit; Eminent Domain. Where an action in eminent domain results in a lawfully preexisting building lot being rendered nonconforming, the Board of Appeals may grant a special permit to allow such lot may be built upon thereafter, provided that such lot has 100 feet of remaining frontage and a minimum area of 10,000 square feet. 4300. SPECIAL PERMIT TO VARY HEIGHT LIMITATIONS 4310. What is the longest frontage requirement for single family residential development in any district? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] I don't know" "[INST] Context: val required under this By-law. 2.5.3 Yards and Open Space No part of any yard or other open space required for the purpose of complying with the provisions of this By-Law shall be counted as part of a yard or other open space required for a building on another lot, except in the case of integrated developments in the CI District. Integrated developments in the CI District that are located on more than one lot shall be considered to be on one lot, and separate yards shall not be required for interior lot lines."" (Amended S.T.M. 11/17/97) 2.5.4 Accessory Building No accessory building or structure, except a permitted sign or a temporary roadside stand, shall be located within a required front or side yard or nearer to the rear lot line than 10 feet, except that on lots of less than 10,000 square feet, accessory buildings may be placed within 3 feet of a side or rear line. 2.5.5 Exceptions to Lot Requirements 2.5.5.1 Waiver of Strict Compliance The Board of Appeals, as permit granting authority, may waive strict compliance with applicable requirements as follows: a. Lot frontage: providing at least 80% of the applicable requirement is met and the full required lot width is available at the building line. b. Side yard and rear yard: providing such waiver does not reduce conformity below 80% of the applicable requirements of the district in which the lot is located. c. Parking: providing such waiver does not reduce conformity below 80% of the applicable requirements of the district. The Board of Appeals shall affirmatively find that such waiver shall not in any substantial sense be detrimental and depreciate property values in the immediate neighborhood. 2.5.5.2 Exemptions from Frontage and Area Requirements In any zoning district, a lot or lots having less than the applicable square footage or frontage requirements, or both, shall be exempt from either or both requirements aforestated if said lot or lots: 1. Is a lot in ownership separate from that of adjoining land located in the same Zoning District, at the time of the adoption of this By-Law, or 2. Is a lot or lots separately described in a deed or record at the time of the adoption of this By-Law, or ndicated. E. Where the district boundary is indicated as approximately perpendicular to a street line, it is either perpendicular or radial unless marked otherwise. F. Where the district boundary is indicated as approximately following a stream, it is the center line of the stream. G. Where no other means of determination are possible, boundaries shall be determined by use of the scale on the Zoning Map. 2.4 Lots in Two Districts Where a district boundary zoning line divides any lot existing at the time such line is adopted, the zoning regulations applicable to each portion of the divided lot shall extend not more than thirty feet into the other portion of the same divided lot. 2.5 Lot Requirements 2.5.1 Lot Size and Shape Except as may be authorized by exemption, exception, special permit or variance, no lot on which a building is located in any district shall be reduced or changed in size or shape so that the lot fails to conform to the intensity of use schedule, except when a portion of the lot is taken or conveyed for any public purpose. 2.5.1.1 Lot Width The lot width requirement shall be maintained to the rear building line of each lot. (Amended at Annual Town Meeting, 1988) 2.5.2 Buildings, Pads, and Premises No building shall be erected or used or premises used, except in conformity with the Intensity of Use Schedule (Section 2.8) or Section 3.15 (Commercial Interchange District). No more than one principal building shall be erected or used on any one lot in the RA, RB, or RC zoning districts unless part of an approved Cluster Residential Subdivision approved in accordance with Section 2.13.0. Multi-building developments in the RD District or any Commercial or Industrial District (except the CI- Commercial Interchange District, in which use and development is subject to Section 3.15) on a single lot shall be subject to a Development Permit and Site Plan Review as provided in Section 1.3.2 and Section 3.13, and to any other Special Permit or approval required under this By-law. 2.5.3 Yards and Open Space No part of any yard or other open space required for the purpose of complying with the provisions of this By-Law shall be counted as part o ARTICLE 6 - LAYOUT AND DESIGN STANDARDS 6.1 Types of Subdivisions: In addition to one-family detached home residential subdivision, other types of subdivisions may occur for which special requirements may apply, including, but not limited to the following: a. Apartment developments, including condominiums; b. Commercial-retail sales and services; c. Industrial, including warehousing, company offices and research facilities. 6.2 Parks: The Board shall reequire subdivision plans to show a park or parks suitably located for recreational and other public purposes and to provide light and air. The Board shall require by appropriate endorsement on the plan that no buildings be erected within such park or parks without the Board's written consent for three years following the subdivision approval. Such parks can reasonably comprise 7 1/2 percent of subdivisions of under 50 acres and 5 percent of larger subdivisions. A park design plan showing location and equipment shall be submitted as part of the Application. 6.3 Natural Features: Due regard shall be shown for the preservation and enhancement of natural features, such as large trees, wooded areas, water courses and bodies, scenic points, historic sites, and similar community assets which add value and attractiveness to the subdivision and the Town. If, in the opinion of the Board, excessive foliage growth is removed due to proposed grades, a planting plan, for the areas affected by the regrading, shall be submitted for approval together with the Definitive Plan. In no case shall areas larger than 100' in width be clear cut to accommodate siting of such structures. The applicant shall strive to maintain clear cutting within the roadway, and where necessary, within the planting strip. a. Topsoil Topsoil removed during the course of construction shall be redistributed so as to provide at least four (4) inches of cover to all areas of the subdivisio ale approved by the Board. (1"" = 200', 400', 1000'). The Board may waive the site plan, in whole or in part, or may require additional information, as appropriate. The general purpose of a site plan is to assure proper drainage, safe access and egress, adequate parking, loading areas, signs, landscaping, screening, and consideration of the needs of abutting landowners. Information relating to the following existing features may be indicated on separate or combined plans: Natural and man-made features, wetlands, wetland district boundaries, roads-public and private ways, driveways, means of access, parking area, natural and landscaped vegetation, water courses, dwellings and other structures, location of public water mains and hydrants, location of public sewerage facilities, and location of public utilities. Proposed uses shall be indicated also, including all new structures, changes in topography, landscaping, roads and ways, parking and loading facilities, water and sewerage facilities, and such other information necessary to fully describe the proposal. A.Narrative Report is suggested to explain features shown on site plans. Such a report is recommended to explain the proposed conditions on completion of the development and should address the following issues. a. Compliance with the zoning by-law. (Present and proposed future uses shall be identified as permitted or authorized by special permit.) b. Protection of adjoining premises from detrimental effects from the uses of special permits. c. Vehicular and pedestrian movement. (The present location, width, grades, drainage, driveways, as proposed must be considered. There may be changes in the direction of traffic flow.) d. Arrangement of structures. (Buildings, towers, and signs must be considered in view of light, air, solar orientation, open space.) e. Pa one or more groups separated from adjacent property and other groups within the development by intervening open land, unless deemed otherwise by the special permit granting authority. A.residential cluster development shall conform to the following conditions: 1. Contain a minimum tract size of ten (10) acres in the RA, RB and RC Districts, and five (5) acres in the RD District. 2. The number of dwelling units shall conform to the existing density allowed in the corresponding zoning district after subtracting the area which contains wetlands as delineated by Conservation Commission. 3. A minimum of 40% of the total land area of the development shall be dedicated as common open space; no more than 25% of the land required as common open may be wetlands as defined in MGL Ch. 131, Section 40, or waterbodies. 4. There shall be a minimum width of 50 feet of buffer area between attached cluster buildings, and a minimum width of 50 feet of buffer area between attached clusters and the abutting property lines or street. These buffer areas shall provide suitable landscaping to screen and cluster buildings from each other, abutters, and streets year round. C. Required Open Land 1. At least 40% of the tract (exclusive of land set aside for roads and parking-) shall be open land. At least 75% of the open land shall be suitable for passive or active recreations use, and shall not be wetlands or land subject to seasonal flooding. 2. The open land, and such other facilities as may be held in common, shall be conveyed to one of the following, as determined by the Planning Board, subject to the following guidelines. In general, valuable natural resource land, such as wetlands not suitable for any public use or suitable for extensive public recreational use, should be conveyed to the Town or to a trust: whereas land which will be principally used by the residents of the cluster should be conveyed to any of the following: a. To a corporation or trust comprising a home association whose membership includes the owners of What is the longest frontage requirement for single family residential development in any district? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] I don't know" "[INST] Context: ards or inconvenience. 300.08 Front Setbacks in Residential Zones. In order to prevent visual monotony in residential areas, no more than three (3) contiguous lots shall have principal residential structures set back the same distance from the street. No principal structure shall be built closer to the street than the minimum dimension prescribed. 300.09 Height No structure shall be built, constructed, erected, or added to above a height of thirty-five (35) feet; except utility poles, which shall not be more than forty-one (41) feet; without a special permit from the Board of Appeals, after a finding by the Board that there is no feasible alternative to the proposed height, that it is the minimum necessary, that there is a clear and specific public benefit which may be realized only by exceeding 35' in height, and that the proposed structure will not in any way detract from the visual character or quality of the adjacent buildings, the neighborhood or the Town as a whole. 300.10 Frontage Reduction The Planning Board may endorse an ""Approval Not Required Plan"" showing lots in a residential zone for which the required lot frontage is reduced to not less than thirty (30) feet provided the following requirements are met: A) The lot being divided was created prior to March 27, 1973; and B) The lot is being divided into not more than three (3) lots; and C) The lots are of an area as required below in paragraph (F) (5); and D) The frontage is not on a major or collector street; and E) No part of the lot may be less than thirty (30) feet in any dimension; and F) The Planning Board determines that: 1) Existing drainage patterns will not be disrupted by the construction of a driveway on the reduced width portion of the lot. 2) The grade of the reduced width portion is less than 10%, 3) Cut and fill on the portion with reduced width will not exceed five (5) feet vertically. 4) The sight distance at the intersection with the street exceeds one hundred fifty (150) feet in both directions. 5) 200% of the lot area required fo MINIMUM AREA District,Minimum Area,Minimum Frontage RR,250 acres,200 feet R-40,100 acres,150 feet R-25,40 acres,110 feet Other dimensional requirements for a single-family dwelling or an NR use within an RD as follows: Min.Lot Size,Min.Lot Width,Min.Front Yard,Min.Side Yard,Min.Rear Yard ""6,000"",60',20',10',10' Other dimensional requirements for a single-family dwelling or all NR use within an RD as follows: Other dimensional requirements for multi-family structures shall be governed by the provisions of Section 401.08, except that no more than twenty-five percent (25%) of the units within an RD may be multi-family, and all such units must be of a townhouse type with separate entrances and with a maximum of eight (8) attached units per building. In calculating intensity of use and allocation of recreational areas, the following standards shall be used: 1. NR uses shall be subtracted from the. total land area before calculating residential densities. 2. Land or water areas contained in flood hazard areas designated as Zones A, A1-30, and B as defined in Section 401.08B shall be subtracted from the total land area before calculating densities. 3. Areas which are considered by the Planning Board as marginal or unsuitable for building such as Flood Plains, inaccessible wetlands and water areas, steep slopes (25 % or greater), highly erodible or poorly drained areas, areas of very shallow bedrock or of very high water table shall, as a general rule, be included in the recreational area. 4. Roads should be subtracted from total area in determining not densities. For preliminary and general planning purposes, roads may be established as fifteen (15 %) percent of total area. For definitive plans, all lot sizes and densities as specified herein shall be net figures with rights-of-way for streets figured exactly. In calculating intensity of use and allocation of recreational areas, the following standards shall be used: 5. Except when the provisions of Transfer of Development Rights are utilized, the total number of dwelling units in an RD shall be no gr Table 8 - Multi-Family and Single-Family Attached Dimensional and Intensity Regulations ,TABLE,8, Multi-Family and,Single Family Attached,Dimensional and Intensity,Regulations ,MINIMUM LOT,REQUIREMENTS, Area,Least Dimension,Front Yard,Other Yard ""86,000"",200 Feet,30' Minor Street,2 Story: 30' ,,60' Collector Street,3 Story: 50' ,,100' Major Street, Net acreage may include up to 5% in water or in inaccessible wetland areas as determined by the Board of Appeals. Lot Utilization: Maximum floor area ratio, gross (FAR,G) =.45 (Total gross floor area/total site area) Minimum floor area net per dwelling unit = 768 sq. ft. Maximum building coverage (incl. accessory) = 25% Parking Requirements: Type Unit Min. Spaces Maximum Area For Parking 1.Bedroom 1.3 25% of site 2.Bedroom 2.0 ---or---3 Bedroom 2.6 Total Car Ratio = 0.83 4.Bedroom 3.0 (Parking area/Net floor area) whichever is least Total gross floor area is measured to the outside line of walls. Minimum useable open space 50% of site, exclusive of all above ground structures and vehicular facilities and rights-of-way. Number of dwelling units depends on the size of unit. G) EnVironmental Design Conditions. Multi-family and single family attached dwellings shall be subject to the following conditions and safeguards in addition to those specified in other sections. 1) Surrounding Areas. The site plan shall insure maximum compatibility with surrounding land uses and structures. The open space should normally create a greenbelt around the project to provide maximum buffering from more intense uses or traffic, to ease the transition to residential areas of lower density and preserve the overall natural character of the Town as much as possible. Where necessary, the Board of Appeals may specify adequate buffer planting. Where the site adjoins single family residential areas, the build Table #1 Lot Standards for Development Abutting Streets LOT STANDARDS FOR DEVELOPMENT ABUTTING STREETS: ,,Minor,Street,Collector,Street,Major,Street,Scenic,Street Zone,Minimum Lot Depth,Lot Width,Min. Setback,Lot Width,Min. Setback,Lot Width,Min. Setback,Lot Width,Min. Setback RR,200,200 wooded,70,200 wooded 150 if reversed frontage,100,**200 wooded 150 if reversed frontage,120,200 150 if reversed frontage,120 R-40,200,150,50,170 130 if reversed frontage,75,200 130 if reversed frontage,100,200 150 if reversed frontage,120 R-25,175,110,35,150 90 if reversed frontage,60,200 90 if reversed frontage,100,200 150 if reversed frontage,120 R-20SL R-20MD R-20MF,150,90,30,150 85 if reversed frontage,60,175 85 if reversed frontage,100,175 125 if reversed frontage,100 * Revised 1986 A minimum width of 500 feet is required for lots: *Revised 1986 **A minimum width of 500 feet is required for lots: A. Located in the Rural Residential (RR) Zone, AND B. Having frontage on a Major Street, AND C. Located on a State numbered Arterial Route as designated on the Zoning Map, AND D. Located on or within 1,000 feet of Major Street road grades excess of 5 percent. Table 6 - Lot Requirements with Special Permit ,,TABLE,6, Width,Front Yard,,Side Yards, ,,TOTAL,MAJOR,MINOR 75' Min.,10' Min.,28' Min.,20' Min. Exclusive of Driveway,3' Min. Recom. 6' Max.w/out Driveway; 14' Recom. max. With Driveway 2) Front yard depth. On Minor Streets or other streets whose pavement width is at least twenty-six (26) feet, which have curbing unlikely to be widened in the future, the minimum yard requirements may be altered as stated herein. Such setbacks shall be allowed only when appropriate in relationship to other setbacks on the street and to the general character of the area, as determined by the Board of Appeals. The requirements of Section 300.08 shall be followed to create a variety in the setbacks along the street. 3) Side yard requirements. The principle structure should normally be sited so that one side yard is of minimum width and the other is thereby made larger and more useable. The major side yard shall normally be at least twenty (20) feet wide. The minor side yard should not be less than three (3) feet and should normally be no larger than six (6) feet, unless it accommodates a driveway, in which case it should be no wider that fourteen (14) feet. The width of side yards and their relationship to principle structures on the lot and to yards and structures on adjacent lots should be varied along the street. The width of side yards should be carefully considered in relation to the depth of the front yard, placement of the driveway, placement of permanent walls and accessory structures, if any trees and other major plantings, the topography, side yards and front yards on adjacent lots, and distances between structures on adjacent lots. These relationships should be varied from lot to lot along the street and shall not be the same for more than three contiguous lots. Where appropriate, accessory buildings of approved design and construction may be placed within four (4) feet of side lot line, provided that such structures shall not violate any requirements controlling distances between buildings, or shall any such structure be placed to cause any structure subsequently built on any adjacent lot not to comply with the intent of this section. 4) Distances between buildings on adjacent lots. No part of any structure shall be within sixteen (16) feet of any part of another structure on another lot and no part of any principle residential structure shall be within twenty-one (21) feet of any other principle residential structure. In addition, each wall of every building shall have a yard space in the shape of an isosceles triangle whose base shall be a straight line connecting the extreme ends of the wall and whose altitude (depth of yard) shall be equal to the length of the wall multiplied by one of the following factors: What is the longest frontage requirement for single family residential development in any district? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] 200" "[INST] Context: pal or accessory non-residential uses shall be set back no less than twenty-five (25) feet from any public or private street within a PRDS. c. Minimum Lot Width Lot width one hundred ten (110) feet. d. Maximum Building Area Sixty (60) percent of the total upland land coverage. e. Distance Between Buildings Twenty-five (25) feet between the sides of buildings, and fifty (50) feet between the backs of buildings. f. Perimeter Buffer Area Thirty (30) feet. The buffer area shall remain in its natural condition or be densely planted and in the opinion of the SPCA, provide suitable screening of abutting properties, except for access roadways. The SPGA may reduce the width of the buffer at appropriate locations, taking into account the character of open space use of abutting properties or the existence or requirement of buffer thereon. 6. Building and Dwelling Unit Requirements a. No building or structure shall have a height greater than thirty-six (36) feet or three (3) stories. b. Dwelling units shall contain no more than two (2) bedrooms. All dwelling units shall be detached or attached only along sidewalls in the so-called ""townhouse"" style, and no building shall contain more than four (4) units. No mobile homes shall be allowed. c. Accessory buildings and structures for use by residents and their guests may be permitted, including clubhouse or community center, swimming pool, and tennis court, as well as storage and maintenance structures intended to service the PRDS. Such accessory buildings and structures shall be shown on the site plan. d. Multiple buildings shall be allowed on a single lot. e. Architectural style shall be in harmony with the prevailing character and scale of buildings in the neighborhood and the Town through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. Variation in detail, form and siting shall be used to provide visual interest and avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate light, air, cir Developments and Multi-Family Housing Developments in Rockland. (5) Any other Districts that may be, in the future, created from the present Single-Family Residential Districts in Rockland. § 415-95. Criteria. A. The DRB's central purpose is to avoid design that would have a negative affect and consequences for the residents of Rockland in general, for nearby residents, or for the remainder of the Districts involved. The DRB is precluded from mandating any official ""aesthetic"" for Rockland or for imposing the style, and/or character of any particular architectural or historical period. B. The following design criteria shall be used by the DRB in reaching its recommendation of APPROVAL or DISAPPROVAL. (1) The design for the proposed project shall not have a deleterious affect upon nearby properties, the balance of the District involved, or upon the design character of Rockland. (2) Insofar as practicable, the proposed design shall preserve the landscape in its natural state by minimizing tree and soil removal and any grade changes shall be in keeping with the general appearance of neighboring and abutting areas. (3) Open space should be so designed as to add to the visual amenities of the vicinity for persons passing the site, persons within the site, and persons overlooking the site from nearby properties. (4) Vehicular ingress, egress, access and parking and/or pedestrian circulation shall not adversely affect the use and enjoyment of nearby properties, or shall be in keeping with the standards of good design. (5) Exposed exterior storage areas, machinery, service areas, loading areas, or utility structures shall be adequately screened and shall not be incongruous with the remainder of the proposed environment and its surroundings. (6) Signs or other advertising through their size, location and other characteristics shall not distract from the proposed buildings, nearby properties, the remainder of the District, or the design character of Rockland. C. The DRB may develop material al condition or be densely planted and in the opinion of the SPGA, provide suitable screening of abutting properties, except for access roadways. The SPGA may reduce the width of the buffer at appropriate locations, taking into account the character of open space use of abutting properties or the existence or requirement of buffer thereon. § 415-66. Building and dwelling unit requirements. A. No building or structure shall have a height greater than 36 feet or three stories. B. Dwelling units shall contain no more than two bedrooms. All dwelling units shall be detached or attached only along sidewalls in the so-called ""townhouse"" style, and no building shall contain more than four units. No mobile homes shall be allowed. C. Accessory buildings and structures for use by residents and their guests may be permitted, including clubhouse or community center, swimming pool, and tennis court, as well as storage and maintenance structures intended to service the PRDS. Such accessory buildings and structures shall be shown on the site plan. D. Multiple buildings shall be allowed on a single lot. E. Architectural style shall be in harmony with the prevailing character and scale of buildings in the neighborhood and the Town through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. Variation in detail, form and siting shall be used to provide visual interest and avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate light, air, circulation, and separation between buildings. § 415-67. Land use density. The total number of dwelling units shall be limited to four units per upland acre. For purposes of the dwelling unit calculation, the land area used shall not include any wetlands as defined by the Massachusetts Wetlands Protection Act. § 415-68. Total number of PRDS units in Town. The SPGA shall not approve a Special Permit for a PRDS which would cause the total number of PRDS dwelling units for which Special Permits have been issued ( uded in the area of a Planned Unit Development for the purpose of computing compliance with the open space requirements of these guidelines, but no common recreation areas shall be located within the buffer area nor shall any common recreational area be considered as a part of any buffer area. 3. Boundary Line and Internal Street Setback Requirements a. Boundary Line Setback Requirements All buildings, structures and uses shall be set back no less than twenty-five (25) feet from all external streets. b. Internal Street Setback Requirements All buildings and structures for principal or accessory nonresidential uses shall be set back no less than twenty-five (25) feet from any public or private street within a Planned Unit Development. 4. Building Height No building or structure shall have a height greater than as provided in Section V.A. of the Zoning By-Law. 5. Distance Between Buildings The minimum distance between any two buildings other than buildings containing common walls and used as townhouses shall not be less than as computed under the following formula: S= {LA+LB+[2(HA+HB)]} ________________ 5 Where: S= required minimum horizontal distance between any wall of Building A at any given level, and any wall of Building B, at any given level, or the vertical prolongation of either. LA= total length of Building A. Building A shall be that structure which is of equal or greater length of the two buildings selected. LB= total length of Building B. HA= height of Building A. The height of Building A is the average height above the finished grade of the structure. HB= height of Building B. The height of Building B is the average height above the finished grade of the structure. Example: Building A is 120 feet long and 28 feet high Building B is 110 feet long and 26 feet high S={(LA+LB) + [2(HA+HB)]} _____________________ 5 S={(120'+110') + [2(28'+26')]} ___________________________ 5 S={(230') + [2(54' back a minimum of 10 feet from any property line and the ten-foot set back shall be properly landscaped and maintained. (b) In the Business 1 District, all parking areas, loading areas and areas used for access, egress or onsite circulation shall be set back a minimum of 10 feet from any property line and the ten-foot set back shall be properly landscaped and maintained. The parking requirement for the Business 1 District maybe met in whole or in part by off-site parking upon the issuance of a Special Permit by the Zoning Board of Appeals. (c) In the Business 2 District all parking areas, loading areas and areas used for access, egress or onsite circulation shall be set back a minimum of the 10 feet from any property line and the ten-foot set back shall be properly landscaped and maintained. Further, the front property line shall have a twenty-foot landscaped buffer zone along the entire width of the front lot line with the exception only of sidewalks and driveways. (d) In all Industrial Districts, which do not abut any Residential District, all parking areas, loading areas and areas used for access, egress or onsite circulation shall be set back a minimum of 10 feet from any property line and the ten-foot setback back shall be properly landscaped and maintained. (e) In all Industrial Districts which abut any Residential District all parking areas, loading areas and areas used for access, egress or onsite circulation shall be set back a minimum of 30 feet from any property line and the thirty-foot set back shall remain unaltered and in a state of natural vegetation. B. Yard regulations. (1) Obstruction to sky. Every part of a required yard must be open to the sky, unobstructed except for accessory buildings in the rear or side yards, and except for the normal projection of porches, balconies, steps, sills and cornices. (2) Side yard of corner lot. Any corner lot shall have a side yard equal in width to the minimum front yard requirement of any adjoining lot fronting on the side street. The minimum side yard setback shall be 10 feet. (3) Transition yard requirements. (a) Front yar What is the longest frontage requirement for single family residential development in any district? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] I don't know" "[INST] Context: nd moderate-income affordable units shall be subject to an affordable housing restriction pursuant to M.G.L. c.184. c. The Building Inspector shall not issue an occupancy permit to the applicant without receipt of evidence that the use restriction approved by the Planning Board prior to the issuance of a Special Permit has been recorded at the Registry of Deeds. 4.1.4.Minimum Design Standards a. A multi-family building shall contain no less than three and no more than six units unless waived by the Planning Board, and shall not exceed a building height of 35 feet and two and one half stories. b. Multi-family housing shall avoid monotonous, look-alike designs and promote high standards of exterior quality and appearance. c. Applicants shall comply with Section 5, Parking and Loading, for number of off-street parking spaces per unit. At least one space shall be located so as to provide convenient access to its assigned dwelling unit. Parking garages will be permitted as a parking space if located and designed so as to complement the building design and site layout. d. All residential buildings shall be oriented toward the street or the interior road that provides access to them, with parking spaces located to the rear of a building or on the side, provided that no parking is located within 20 feet of the front facade of the building. e. Setbacks. 1. Multi-family housing shall provide a rear setback of at least 50 feet to an abutting single-family residence. If the Planning Board finds that a setback of lesser width would be sufficient to screen and/or separate the development from adjacent property, the setback may be reduced. In its discretion, the Planning Board may require no-cut easements, conservation restrictions or the like where the setback has been reduced. The Planning Board may also reduce the rear yard setback for multi-family housing of five or fewer units if the building is architecturally similar to single-family residences in the same general area. 2. The front yard shall be landscaped with indig 1. Front: 20 feet 2. Side: 15 feet 3. Opposite Side: 30 feet 4. Rear: 25 feet d. Maximum Front Yard Setback: 40 feet e. Lot Width: 100 feet f. Building & Use Intensity 1. Maximum Height: 45 feet 2. Maximum Number of Stories: 3 stories 3. Maximum Lot Coverage: 75% 4. Maximum Building Coverage: 25% 5. Maximum Floor Area Ratio: .60 6. Minimum Open Space % Lot Area: 25% 3.10. Industrial District (revised 06/08/2009) 3.10.1.Use Regulations a. Permitted Industrial Uses: 1. Research, experimental and testing lab 2. Light manufacturing and manufacturing which is incidental to research, experimental and testing laboratories, whether enclosed or otherwise 3. Enclosed manufacturing 4. Exterior storage, as an accessory use, exclusive of junk cars or other junk items, provided that the exterior storage is screened from view, by a fence or appropriate landscaping, from abutting streets or properties 5. Beverage bottling or food packaging plant, but not including meat and fish processing 6. Plant for dry cleaning, cold storage or freezing 7. Above-ground storage of gas and petroleum products 8. Commercial parking lot 9. Professional or business office 10. Gasoline service stations and automobile repair shops (not including junkyards) providing that there shall be no storage of automobiles on the premises other than those in the process of or awaiting repair or awaiting delivery or pickup after repair 11. Public utility 12. Accessory industrial uses 13. Shop of an electrician, painter, paper-hanger, plumber, upholsterer, carpenter, cabinet maker, general appliance repair person, or of a person engaged in a similar occupation b. Uses Allowed by Special Permit from the Planning Board 1. Private and commercial communication towers and antennas for radio, television, and/or wireless telecommunications, subject to Section 4.15 2. Assembly, fabrication, processing ,printing, wholesaling and distribution, warehousing and interior storage 3. Contractor's yard 4. Sale of automobiles and trucks, accessories, farm equipment, aircraft, motorcycles, and camping trailers c. Uses Allowed by Special Permit from the Board of App b. Minimum Frontage: 100 feet c. Minimum Yard Setbacks: 1. Front: 20 feet 2. Side: 15 feet 3. Opposite Side: 30 feet 4. Rear: 50 feet d. Maximum Front Yard Setback: 40 feet e. Lot Width: 100 feet f. Building & Use Intensity 1. Max. Height (Feet): 35 feet 2. Maximum Number of Stories: 2.5 stories 3. Maximum Lot Coverage: 65% 4. Maximum Building Coverage: 18% 5. Maximum Floor Area Ratio: .45 6. Minimum Open Space % Lot Area: 35% 3.7 Great Road West Mixed-Use District (revised 06/08/2009) The purposes of the Great Road-West Mixed-Use District are to encourage the development of a small, economically viable village node with low-impact uses, to provide a limited mix of goods and services to local residents, and to protect an environmentally sensitive area. 3.7.1. Use Regulations a. Permitted Commercial Uses: 1. Retail store 2. Retail sale of baked goods and manufacture of same for sale on the premises 3. Personal service, such as a barber and beauty shop, shoe and hat repair, dressmaking, tailor shop where no work is done on the premises for retail outlets elsewhere 4. Restaurant for the serving of food or beverages inside the premises or outside but on the premises, such as at tables on an adjoining deck or patio, excluding drive-through service 5. Shop for custom work involving the manufacture of articles to be sold on premises; or shop and display area of an upholsterer, cabinet-maker or similar craftsperson receiving customers on the premises 6. Banking or Automated Teller Machine, where public access is available only from within a building and is operated in connection with other uses in the same building 7. Professional or business office 8. Accessory uses customarily incidental to a permitted commercial use, in accordance with Section 2.5 9. Business Service Establishment 10. Take-out food establishment or delicatessen where food is prepared and sold at retail but not consumed on the pr 4.SPECIAL REGULATIONS 4.1 Multi-Family Housing (Revised 11-01-05) In any district where multi-family housing is a permitted or special permitted use, it shall be subject to the following requirements, except that multi-family units in an Low Impact Development shall comply with the regulations in Section 4.2A of this Bylaw. 4.1.1.Site Plan Review Multi-family housing is subject to Site Plan Review under Section 7 of this Bylaw. 4.1.2.Maximum Density a. Where conversion of an existing single-family dwelling to three multi-family units is a permitted use or a use allowed by special permit, the minimum lot area shall be at least 1.5 times that of the applicable minimum lot area for a single-family dwelling. b. For multi-family housing of four (4) units or more, the maximum density is as follows: District,Maximum Density R-3,""20,000sf for the first unit plus 10,000sf for each additional dwelling unit, up to a maximum of 24 units"" ""Village Business, Mixed-Use, or Commercial District"",""20,000sf for the first unit plus 10,000sf for each additional dwelling unit, up to a maximum of 36 units"" c. More than one principal building may be permitted on a single lot by Special Permit from the Planning Board. No principal building may contain less than three (3) units nor more than six (6) units unless waived by the Planning Board. 4.1.3.Affordable Housing Requirement a. To qualify for a Special Permit for multi-family housing of four or more units, the applicant must include housing affordable to low- or moderate-income households as defined in this Bylaw, as follows: the seventh unit and every sixth unit thereafter shall be a low- or moderate-income housing unit. Nothing in this section shall preclude an applicant from providing more low- or moderate-income housing units than the minimum required by this Bylaw. b. All low- and moderate-income affordable units shall be subject to an affordable housing restriction pursuant to M.G.L. c.184. c. The Building Inspector shall not issue an occupancy permit to the applicant without a and frontage requirements so as to create a development in which the buildings and accessory uses are clustered together into one or more groups with adjacent common open land. LOW- OR MODERATE INCOME HOUSEHOLD : A household with income at or below 80% of area median income, as determined from time to time by the U.S. Department of Housing and Urban Development. LOW- OR MODERATE INCOME HOUSING : A dwelling unit that is affordable to a low- or moderate-income household; see also, Affordable Housing. MOBILE HOME PARK : Any lot of land upon which three (3) or more mobile homes occupied for dwelling purposes are located, including any buildings, structure, fixtures and equipment used in connection with mobile homes. MOBILE HOME : Any vehicle or object on wheels and having no motive power of its own, but which is drawn by or used in connection with, a motor vehicle, and which is so designed, and constructed or reconstructed or added to by means of such accessories as to permit the use and occupancy thereof for human habitation whether resting on wheels, jacks or other foundation, and shall include the type of vehicle commonly known as mobile home. MUNICIPAL USE : Premises used for any operation by the Town government except as elsewhere more specifically defined. NONCONFORMING USE : A use of a building or land that does not conform to all the land use regulations of this Bylaw for the district in which it is located, which use was in existence at the time said land use regulations became effective. OFF-STREET PARKING : That portion of a lot set aside for purposes of parking, including any necessary aisle space in said facility, but not including roadways or drives connecting said off-street parking space or lot with a street or thoroughfare. PRINCIPAL USE : The main use of land or structures on a lot, as determined by the Building Inspector/Zoning Enforcement Officer. PRIVATE GARAGE : Covered space for the housing of motor vehicles, no more than two (2) of which belong to other than the occupants of the lot on which such space is located. ROOMING OR B What is the longest frontage requirement for single family residential development in any district? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] I don't know" "[INST] Context: mum frontage of 50', even though they do not meet the minimum lot frontage, requirements at the street boundary line, only when the total lot size is five acres or more. In any event, no more that twenty-five percent of the lots in a subdivision or fronting on a street in existence as of June 1, 1994 may be pork chop lots. (iii)Frontage: A minimum of 180 feet of frontage is required for all single-family residential lots and 270 feet of frontage is required for all duplex residential lots, with the exception of the following: (1) pork chop lots (see above), which may be permitted with a Special Permit at the discretion of the Planning Board acting as the SPGA; (2) when density is averaged by Special Permit (see above). (iv) Minimum Lot Width: A minimum of 50 foot width is required for all residential lots. (b) Dimensional Requirements (except setbacks - Multi-Family Residential: Multi-family residential dimensional and site development requirements shall be in accordance with Section 4.2 of the Sterling Protective By-law except for the following: (1) There is no minimum lot size. (2) Density, pork chop lots, frontage and minimum lot width shall follow the standards for single-family and duplex residential in Section 4.7.5.5 (a)(i). (3) Setback requirements shall follow the provisions in Section 4.7.5.5 (d). (c) Dimensional Requirements (except setbacks) - Non-Residential: (i) Density: There is no formal density requirement for non-residential uses, but density is indirectly controlled by the height restriction in the Sterling Protective By-law, and by the impervious surface limitation, the traffic limitation and the other Performance Standards in this Section 4.7. (ii) Frontage: Minimum required frontage is 20 feet. (iii) Minimum Lot Width: There is no minimum lot width. (d) Setbacks/Buffer Yards: The purpose of perimeter buffer yards is to screen adjacent land uses from adversely impacting adjacent areas. No structures are permitted in any buffer areas except as in 4.7.5.5 (d)(vi) below. No veh ion and/or proposed plantings provide effective visual screening. (2) Principal buildings on a lot in single ownership shall be no less than one hundred (100) feet apart from each other. (3) All dwellings and structures shall be located a minimum of 150 feet from adjacent surface waters or wetlands, unless greater restrictions are imposed by state law. (4) Peak stormwater runoff from the site shall not be increased in a ten-year storm. (b) Building Design (1) No structure shall contain more than eight (8) dwelling units, and no building entrance shall serve more than two (2) dwelling units. (2) Not more than five percent (5%) of the dwelling units in a multifamily development shall have more than two (2) bedrooms. (3) No floor except an unoccupied basement shall be below grade at its entire perimeter. (c) Circulation and Parking (1) No parking area shall contain more than sixteen (16) parking spaces. All parking areas shall be connected to the structures by walkways. (2) All parking areas shall conform to the design requirements set forth in Section 3.2.4; and all parking areas, loading areas, and refuse disposal areas shall conform to the landscaping requirements set forth in Section 3.2.6. Buffer areas shall be retained in their natural vegetative state to the maximum extent feasible. (3) Any road or driveway serving 12 or more dwelling units shall have at least 250 visibility in each travel direction, and shall be separated from all other driveways or intersecting streets by at least 150 feet. (4) Interior roads and utilities shall provide service functionally equivalent to that assured individual lots under the Planning Board's Subdivision Rules and Regulations. (d) Open Space (1) At least sixty percent (60%) of the parcel shall be maintained as open space, and at least forty percent (40%) of the parcel shall be contiguous open space, excluding required yards and buffer areas. (2) The required open space shall be used for conservation, recreation, agricul TS 2.4.1 Residence in Commercial Districts A residential use located in a commercial district shall conform to the dimensional requirements of the nearest residential district. 2.4.2 Single Family or Two Family Dwellings on Non-Conforming Lots. In any district except a light industrial district, a single family or two family dwelling may be erected on a non- conforming lot in accordance with the provisions of G.L. c40A, s,6, papa.4, which states, in pertinent part: [a]ny increase in area, frontage, width, yard, or depth requirements of a zoning ordinance or by-law shall not apply to a lot for single and two family residential use which at the time of recording or endorsement, whichever occurs sooner was not held in common ownership with any adjoining land, conformed to then existing requirements and had less than the proposed requirement but at least five thousand square feet of area and fifty feet of frontage. Any increase in area, frontage, width, yard or depth requirement of a zoning ordinance or by-law shall not apply for a period of five years from its effective date...to a lot for single and two family residential use, provided the plan for such lot was recorded or endorsed and such lot was held in common ownership with any adjoining land and conformed to then existing requirements as of January first, nineteen hundred and seventy-six, and had less area, frontage, width, yard or depth requirements than the newly effective zoning requirements but contained at least seven thousand five hundred square feet of area and seventy-five feet of frontage, and provided... further that the provisions of this sentence shall not apply to more than three of such adjoining lots held in common ownership. 2.4.3 Change in Lot Configuration. No lot on which a building is located shall be reduced or changed in shape so that the building or lot fails to comply with the minimum lot area, lot width, minimum yard requirements, or other provisions of the by-law applicable to the lot or building. 2.4.4 Multiple Buildings or Uses on a Lot. Multiple principal uses or building on the same lot each must meet the dimensional requirements of Section 2.5 without counting any area, frontage or yard twice. Not m length in excess of 675 feet from the right of way edge of the intersecting street to the furthest right of way edge of the dead-end street. In cases where the corner lots at the intersection of the proposed street and existing street is part of the subdivision plan. In the case of a lane with one or both corner lots being pre-existing buildable lots the 675 feet will be measured from the mean of their back lot lines where they intersect with proposed road. The Board may waive this provision due to unusual topography or other conditions. 4252. A lane or dead-end street shall not have a grade in excess of three (3) percent for the last one hundred (100) feet of its closed end. 4253. Lanes or dead-end streets shall be provided at the closed end with a circular turn-around having a minimum paved radius of fifty-seven (57) feet and a maximum paved radius of sixty-eight (68) feet. The right of way radius around the turn-around shall be ten (10) feet greater than the paved radius. The turn-around shall be provided with an unpaved center island with a twenty (20) foot radius and will be landscaped as per Section 4531. 4254. Temporary dead-end streets shall also provide the turn-around set forth in Section 4253, which may be located in part on easements over lots, so long as contractual assurance is provided that upon extension of the street in question, the turn-around shall be removed and replaced with proper plantings and landscaping. Turnarounds shall permit maneuvering without backing. 4255. Only lanes and cartways may be permitted to be dead-end streets. 4256. Permanent dead-end water mains shall not be allowed. Easements shall be provided where necessary to allow for extension or looping of mains through subsequent development. Such extension or looping shall be at the expense of the sub-divider where required by the Board. This Section may be waived by the Board upon the recommendation of the DPW Superintendent provided that the dead end line be provided with a fire hydrant within the right of way at the far end of the cul-de-sac, beyond the last water tap, suitable for water line flushing purposes. 4260. Construction of Roadways 4261. Each street shall be constructed on t erwise exempted herein. A street may provide frontage only upon a determination by the Planning Board that it provides adequate access for fire, police, and emergency vehicles. Lot frontage shall be measured continuously along street lines between side lot lines. Lots with interrupted or discontinuous frontage must demonstrate that the required length along the street may be obtained from one (1) continuous frontage section, without any totaling of discontinuous frontage sections. HAZARDOUS OR TOXIC MATERIAL shall mean a material which is hazardous to human health or to the environment, as defined by the U.S. Environmental Protection Agency and under 40 CFR 250 and the regulation of the Massachusetts Hazardous Waste Act, G.L.21C. HOME OCCUPATION shall mean an occupation, business, trade, service or profession subordinate and incidental to the principal residential use of property conducted on the premises by the owner/occupant thereof. HOMEOWNER'S ASSOCIATION shall mean a corporation or trust owned or to be owned by the owners of lots or residential units within a site, which holds the title to open land and which is responsible for the costs and maintenance of said open land and any other facilities to be held in common. HOTEL OR MOTEL shall mean a building or group of buildings providing accommodations on a transient basis for compensation. JUNKYARD OR AUTOMOBILE GRAVEYARD shall mean the outdoor use of any area of any lot for the storage, salvage, keeping or abandonment of junk, scrap, or discarded materials, or the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof. Kennel, Commercial shall mean one pack or collection of dogs on a single premises, whether maintained for breeding, boarding, sale, training, hunting, or other purposes, and including any shop where dogs are on sale, and also including every pack or collection of more than four (4) dogs, three months old or older, owned or kept by a person on a single premises regardless of the purposes for which they are maintained or kept. L What is the longest frontage requirement for single family residential development in any district? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] I don't know" "[INST] Context: lities and public services in a more economical and efficient manner; to encourage a less sprawling form of development; and to minimize the total amount of disturbance on the site. 5220. Applicability. The Planning Board may grant a Special Permit for a Flexible Development in Single Residence ""A"", Single Residence ""C"", and the Wayside Inn Historic Preservation Residential Zoning Districts for the construction of single family detached dwellings and accessory structures, subject to the provisions of this Section 5200. 5230. Standards. The following standards shall apply to all Flexible Developments: 5231. Minimum Tract Size. Flexible Developments shall be located upon a single tract, in common ownership with definite boundaries ascertainable from recorded deed or recorded plan, having an area of at least 10 acres and undivided by land of separate ownership or by a private or public right-of-way. 5232. Number of Building Lots Permitted. The total number of building lots in a Flexible Development shall be equal to the number of buildable lots permitted under a conventional subdivision, with each lot satisfying minimum lot area, frontage and all other applicable zoning regulations, possessing suitable soils for the construction of a single family wastewater disposal system as determined by the Board of Health, and sufficient upland, buildable area to sustain a single family home. 5233. Dimensional Requirements. Where the requirements of this section differ from or conflict with the requirements of Article 2000, the requirements of this section shall prevail. The following minimum dimensional requirements shall be observed in all Flexible Developments: DISTRICT,A-RES,C-RES,Wayside Inn Zone Minimum Lot Area,""30,000 sq. ft."",""40,000 sq. ft."",2 acres Minimum Frontage 3,120 ft.,120 ft.,120 ft. 3 Provided, however, that where 100% of the frontage is located along the arc of the circular turnaround of a cul-de-sac, minimum frontage shall be 90 feet, further provided a front building line is designated for such a , however, that where 100% of the frontage is located along the arc of the circular turnaround of a cul-de-sac, minimum frontage shall be 90 feet, further provided a front building line is designated for such a lot and the width of the lot at the building line is at least equal to 120 feet. 5234. Single dwelling per lot. No more than one single family dwelling and its accessory structures and uses may be located on a lot created under this Flexible Development Bylaw. 5235. Restriction Against Further Development. No Flexible Development for which a Special Permit has been issued under this section may be further subdivided. A notation to that effect shall be made on the Definitive Plan prior to endorsement by the Planning Board and recording in the Registry of Deeds or the Land Court. In addition, a perpetual restriction, running with the land, and enforceable by the Town of Sudbury, shall be recorded with respect to the land within the Flexible Development. Such restriction shall provide that no lot in the Flexible Development may be further subdivided into additional building lots. Said restriction shall be in such form and substance as the Planning Board shall prescribe and may contain such additional restrictions on development and use of the lots as the Planning Board may deem appropriate. 5236. All applications for Flexible Development shall require subdivision approval pursuant to G.L. c. 41, and shall conform to the Preliminary or Definitive Plan requirements, and all design and construction standards in the Rules and Regulations Governing the Subdivision of Land, as may be amended. 5240. Planning Board Action. A Special Permit for Flexible Development shall be granted only if the Planning Board determines the proposal better serves the bylaw purposes than would development under otherwise applicable requirements by the incorporation into the proposal of one or more of the following elements: 5241. Traffic circulation and safety would be improved through a reduction in length of streets or creation r eligible household. 5333. Applicant Qualifications. The applicant for a Special Permit for a SRC shall be the owner of the tract proposed for such development or be authorized in writing by the owner to apply for and be issued such Special Permit, and shall establish to the satisfaction of the Planning Board that the applicant has knowledge, experience and financial resources sufficient to construct and complete the development. 5334. Number of Dwelling Units Permitted. The maximum number of dwelling units in a SRC shall be computed based on the number of buildable lots permitted under a conventional subdivision, with each lot satisfying minimum lot area, frontage and all other applicable zoning regulations for which district the parcel is located within, possessing suitable soils as determined by the Board of Health, and sufficient upland, buildable area to sustain a single family home. In Village Business Districts and Research Districts, a minimum lot area of 40,000 sq. ft. and minimum frontage requirement of 180 feet shall be used to calculate each buildable lot. For the purposes of this section, minimum lot area in every district shall contain no more than 25% which is underwater land or wetland resource as defined in G.L. c. 131, s.40, or in the Sudbury Wetlands Administration Bylaw. For each buildable lot calculated, a maximum of five (5) bedrooms shall be permitted. The number of bedrooms shall determine the number of units, pursuant to section 5336 below, with the maximum number of bedrooms in any unit being less than or equal to 3. 5335. Perimeter Buffer. A 100-foot wide buffer between a SRC and abutting properties is required around the entire SRC perimeter; provided, however, that access roads and pedestrian paths may cross the buffer at the discretion of the Planning Board, and the Planning Board may otherwise reduce the width of the buffer to no less than 50 feet at appropriate locations, taking into account the character or open space use of abutting properties or the existence or requirement of e of this Zoning Bylaw. For the purposes of zoning, a corner lot shall be considered to have two front yard setbacks. **Webmasters Note: The previous subsection has been added as per an update approved at a town meeting held on 4/7/03. 2642. In Business Districts, Village Business Districts and Limited Business Districts, buildings and structures may not cover more than seventy-five percent (75%) of any corner lot. 2643. The open space required by the Table of Dimensional Requirements, Appendix B shall be so located as to properly light and ventilate building(s) and give access in case of fire. 2644. In Industrial Districts, the required front yard along the Post Road, so-called, shall be fifty (50) feet. In Limited Industrial Districts, the required front yard along the Post Road, so-called, shall be one hundred (100) feet. 2645. In Limited Business Districts and Business Districts, the five (5) foot required side yard shall not apply to non-residential buildings having a party wall on the side lot line. 2646. Any dwelling in a Limited Business District or Business District shall have required side and rear yards of twenty (20) feet. 2647. In A-RES, C-RES or Wayside Inn Historic Preservation Districts, a lot having frontage on two or more streets must have the minimum frontage required by the district on only one street and a minimum of one half the . required frontage on the other street or streets. 2648. In all non-residential districts the set-back required from a Single Residence District boundary line need not apply whenever said boundary line is also a street line. 2649. In all Research Districts the set-back from the street center line need only be fifty (50) feet for a gate house, bus stop shelter or security office which is not more than one story in height. 2650. In Limited Business Districts, Business Districts, Limited Industrial Districts and Industrial Districts, no open display, no gasoline pump, and no structure having a height in excess of three feet, except a utility or light pole, shall be nearer to the center or exterior line of any street or way than seventy-five percent of the required set-back and front yard distance, respectively, specified herein for a building in the district in which located. 2651. Location of automobile services. No driveway opening serving a garage for motor vehicle repairs, an automobile filling station, a drive-in busines twenty (20) feet wide. D. Open Spaces Before approval of a plan the Board may require the plan to show a park or parks suitably located for playground or recreation purposes or for providing light and air. The park or parks shall be of reasonable size, but generally not less than five percent (5%) of the area of the land to be subdivided, depending upon the location and quality of the land being set aside. The minimum area acceptable, for later public acquisition, shall be three (3) acres. The Board may by appropriate endorsement on the plan require that no building be erected upon such park or parks without its approval for a period of three (3) years. Land designated for park or playground purposes shall not include wetlands, ledge, or other land unsuitable for recreation purposes. Any open space, park or playground shall provide at least fifty (50) feet of continuous frontage on a street and pedestrian ways will normally be required to provide access from each of the surrounding streets, if any, to which the open space, park, or playground has no frontage. Such parks and/or playgrounds may be required to have maintenance provided for by covenants and agreements acceptable to the Board, until public acquisition is accomplished by the Town. E. Protection of Natural Resources. The Board will require that the Subdivider make every reasonable effort consistent with sound planning to preserve natural features such as large trees, water courses, scenic points, historic spots, and similar community assets, which, if preserved, will add attractiveness and value to the Subdivision. The Board strongly encourages property owners and Subdividers to investigate and make use of conservation grants and easements, particularly in wet areas. The procedures are simple and do not delay Subdivision approval. Information can be obtained from the Board or the Conservation Commission. F. One Dwelling per Lot Not more than one building designed or available for use for dwelling purposes shall be erected What is the longest frontage requirement for single family residential development in any district? Instructions: Reply with the integer that the answer provides to the question. Do not provide any explanation [/INST] I don't know" "[INST] Context: SECTION 4.0. DIMENSIONAL REQUIREMENTS 4.1 GENERAL DIMENSIONAL REQUIREMENTS 4.1.1 Table of Dimensional Requirements. No building or structure shall be constructed nor shall any existing building or structure be enlarged or altered except in conformance with the Table of Dimensional Requirements as to lot coverage, lot area, land area per dwelling unit, lot width, front, side and rear setbacks, and maximum height of structures except as may otherwise be provided elsewhere herein. [Amended 11-16-2009 STM, Art. 14] ,Minimum Lot Area (sq.ft.),Minimum Lot Frontage (ft.),Minimum Front Yard (ft.),Minimum Side Yard (ft.),Minimum Rear Yard (ft.),Maximum Height (stories)-(feet) RA,30000,150,40,10,30,N/A-35 RB,20000,125,30,10,20,N/A-35 RM,30000,150,40,10,30,N/A-35 CH,30000,150,30,10,30,3-35 for dwellings 5 for otherwise CD,""20,000 for dwellings 10,000 otherwise"",125 for dwellings 0 for otherwise,30 for dwellings 0 for otherwise,10 for dwellings 0 for otherwise,20 for dwellings 0 for otherwise,3-35 for dwellings 5 for otherwise CV,15000,100,20,10,20,2.5-35 for dwellings 4 for otherwise CN,5000,50,15,8,35,N/A-30 feet CO,30000,150,40 for dwellings 30 for otherwise,30 for dwellings 10 for otherwise,30,3-35 for dwellings and 3-35 for otherwise I,30000,150,40,30,30,2-35 for dwelling 5 for otherwise 4.1.2 Notes to Table of Dimensional Requirements 1. For two-family dwellings in the RB District, increase minimum lot area by fifty percent (50%). 2. For all requirements for multifamily dwellings, see Section 7.5. 3. Excluding lots of thirty thousand (30,000) square feet or greater, no single or two-family structure shall be greater than four thousand five hundred (4,500) square feet excluding basement and finished attic unless a waiver on the size requirement is approved by the Zoning Board of Appeals by the grant of a special permit. 4. In the CD District, increase minimum lot area for two-family dwellings. 5. In the CN District, access to the rear of the lot shall be via 16' drives. 6. In the CH, CD, and CV Districts: for single-family dwellings not connected to municipal water and se e (25) % maximum. 3. Dwelling Lot Coverage (density) - twenty-five (25) % maximum. 4. Floor Area Ratio - 0.5 maximum. 5. Distance between common use buildings/structures - thirty (30) feet. 6. Additional Parking Provisions - in addition to individual dwelling unit parking requirements addressed, supra, within the development, separated and screened from the majority of dwelling units, there shall be provided an additional paved and lined parking area, equivalent to twenty (20) % of that which is provided for dwelling units, for the longer-term parking and storage of recreation-type vehicles, not used on a daily basis; such area may additionally serve to accommodate overflow guest parking and may be located within any qualifying open space along the perimeter of the development. 7. The right-of-way network shall be so designed and constructed as not to allow vehicular traffic throughout the development from neighboring parcels or streets. Road signs shall be posted to indicate ""NOT A THRU STREET,"" or other appropriate wording, to temper unnecessary intrusion of off-site traffic. 8. Paved sidewalks shall be located and constructed to the bounds of the development from interior roadways to provide pedestrian access to neighboring streets and abutting parcels, if practical, as determined by the Planning Board. 9. Along the perimeter of the development parcel, for a depth of thirty (30) feet minimum, landscape greenery or other buffering/screening method(s), in place at the time of development, which can serve to obstruct the view of adjacent land use properties from one another, shall remain undisturbed; except for underbrush clearing and general maintenance. If such existing buffering/screening is deemed insufficient it shall be supplemented, as determined by the Planning Board. 10. Rights-of-way, driveways and sidewalks within the development shall meet such width, grades, radius of curvature and construction standards as required by the Planning Board Subdivision Rules and Regulations red (300) feet or one hundred fifty (150) feet if abutting other premises developed for multifamily use. 3. Front, side and rear yards shall be not less than fifty (50) feet, except that no multifamily structure or parking area serving a multifamily structure shall be less than three hundred (300) feet from any existing public street or less than two hundred (200) feet from any other premises not zoned RM. 4. Within the three-hundred-foot street setback, there shall be no development, except for access drives essentially perpendicular to the street, and no removal of trees having trunk diameter of six (6) inches or greater, except as essential for access and safe visibility for egressing vehicles and to remove unhealthy trees. 5. Required yards abutting a public way and required side and rear yards shall be maintained or landscaped so as to provide a dense planting of trees and shrubs with an effective height of at least six (6) feet. 6. Building height shall not exceed twenty-eight (28) feet. No building shall exceed two (2) stories in height. 7.5.8 Building Design. 1. Each building entrance shall give access to no more than two (2) dwelling units. 2. No floor except an unoccupied basement shall be below grade at its entire perimeter. 3. No structure shall contain more than twelve (12) dwelling units. 7.5.9 Decision. In considering approval of a special permit, the Zoning Board of Appeals shall seek an advisory from the Planning Board or its designated agent on the advisability of reducing lot area to seventy-five percent (75%) of that otherwise required herein for any development sponsored by a public agency, nonprofit, limited dividend organization or cooperative in which forty percent (40%) or more of the dwelling units are to be subsidized for people of low or moderate income under programs regulated and financially assisted by agencies of the government of the United States or of the Commonwealth of Massachusetts under programs for that purpose. The special permit shall wo-family dwellings. 5. In the CN District, access to the rear of the lot shall be via 16' drives. 6. In the CH, CD, and CV Districts: for single-family dwellings not connected to municipal water and sewer, increase minimum lot area by 50%; for two-family dwellings not connected to municipal water and sewer, increase minimum lot area by an additional 50%. 7. In the CN District, lot coverage by buildings shall not exceed 15%. 8. In the CO District, lot coverage by buildings shall not exceed 30% and minimum building separation shall be 20 feet. 9. In the CO District, the front, side and rear setback for office use shall be increased to 60' when all or any part of the front, side or rear yard includes the 100 foot buffer area provided for herein being a separate landscape buffer area along the northern edge of the zoning district, running easterly from a point on Chestnut Street, adjacent to land now or formerly of Frank Summers, a distance of 63.82 feet, and then running northerly along said land of Frank Summers a distance of 110 feet, and then running easterly along the northern boundary of the zoning district perpendicular to Mount View Drive, a distance of 566.31 feet, (the ""Northernmost Zone Line""). 10. In the CO District, the Front, Side and Rear Setbacks for Parking and Signs shall be increased to 100 feet when all or any part of the front, side, or rear yard includes the 100 foot buffer area provided for herein being a separate landscape buffer area along the northern edge of the zoning district, running easterly from a point on Chestnut Street, adjacent to land now or formerly of Frank Summers, a distance of 63.82 feet, and then running northerly along said land of Frank Summers a distance of 110 feet, and then running easterly along the northern boundary of the zoning district perpendicular to Mount View Drive, a distance of 566.31 feet, (the ""Northernmost Zone Line""). 4.1.3 Accessory structures. Accessory structures may not be placed within required yards, except that permitted signs or roadside stands may be located within a required front yard area, and a permitted on g formula shall determine the number of residential dwelling units permitted per acre in a Rail Transit District: Allowed Units Per Acre (as provided by this By-Law) x Usable Acres (as defined below) = Number of Permitted Residential Dwelling Units Usable Acres = Total Acres shall mean: (i) for the Transit Village Community (TVC) the aggregate area in Area A, Area E and Area F combined; and (ii) the aggregate area in Area B, Area C and Area D combined, as the case may be. [- 10% exclusion for Open Space] [- the lesser of (i) 20% exclusion for Impervious Surfaces; or (ii) actual Impervious Surfaces)] [- Wetlands (90% of Wetlands as determined by Conservation Commission or other applicable authority unless such Wetlands are situated in the perimeter of the Rail Transit District area or included as part of design elements in any golf course in which event the area of such qualifying Wetlands shall not be deducted or wetland areas which are part of EPA Operable Unit I and Operable Unit III).] 7. Front Yard. The minimum front yard within any development component parcel shall be twenty-five (25) feet with parking restricted to no closer than ten (10) feet from rights-of-ways, except in a Transit Village Community (TVC) where parking shall be permitted to directly abut rights-of-ways. 8. Side Yard. The minimum side yard within any development component parcel shall be twenty-five (25) feet. Notwithstanding anything to the contrary contained herein, in no event shall Dwelling Multifamily, For Rent; Age Restricted Multifamily, Age Restricted, Attached; or Age Restricted, Detached with a height in excess of two (2) stories above grade (3 stories at the rear of the building if the slope of the land permits) be located within 200 feet of the property line of the residential properties which abut Area F and which are outside the Rail Transit District (RTD). 9. Rear Yard. The minimum rear yard within any development component parcel shall be thirty (30) feet. Notwithstanding anything to the contrary contained herein in no event shall Dwelling, Multifamily, For What is the minimum lot size for each zoning district? Instructions: Format the answer to the question as 'District Name' : integer. Only provide one integer for each district and list districts in a numbered list. For example, we would reformat '1. District 1: Lot area minimum 12,000 square feet 2. District 2: Lot area minimum 5,000 square feet (3,000 square feet for legacy units)' as '1. District 1: 12000 2. District 2: 5000' [/INST] RA : 30000 RB : 20000 RM : 30000 CD: 20,000 for dwellings, 10,000 otherwise CH : 30000 CV : 15000 CN : 5000 CO : 30000 I : 30000 Note that some of these districts have additional requirements or restrictions based on the specific use case, so it's important to consult the full table and the relevant zoning regulations before making any decisions." "[INST] Context: ARTICLE VI, Dimensional and Density Regulations § 235-18. Applicability. The regulations for each district pertaining to minimum lot area, minimum lot width, minimum lot depth, minimum front yard depth, minimum side yard width, minimum rear yard depth, maximum height of buildings, maximum number of stories, maximum building area, maximum floor area ratio and minimum open space shall be as specified in this section and as set forth in the Table of Dimensional and Density Regulations and subject to the further provisions of this chapter. (Ord. No. 16985C, 11-27-1972) § 235-19. Table of Dimensional and Density Regulations. See table at the end of this chapter plus attached notes, which are declared to be part of this chapter. (Ord. No. 16985C, 11-27-1972) § 235-20. Reduction of lot area. The lot or yard areas required for any new building or use may not include any part of a lot that is required by any other building or use to comply with any provisions of this chapter, nor may these areas include any property of which the ownership has been transferred subsequent to the effective date of this chapter if such property was a part of the area required for compliance with the dimensional regulations applicable to the lot from which such transfer was made. At least 60% of the lot area required for zoning compliance shall be contiguous land other than land located in a wetland, as defined in MGL c. 131, § 40, or land located under a brook, creek, stream, river, pond or lake. (Ord. No. 16985C, 11-27-1972; Ord. No. 95-189, 5-1-1995) § 235-21. Separation of lots. Lots shall not be separated or transferred in ownership so as not to comply with the provisions of this chapter. (Ord. No. 16985C, 11-27-1972) § 235-22. Screening and buffers in industrial or business districts. Screening and buffers shall be required in any industrial or business district which adjoins a residential district as follows: this strip shall be at least 25 feet in width, except when abutting a residential use in the UR-C district, in which case the width may be reduced to 10 feet. It shall contain a screen of plantings of vertical -69D to that portion of the total tract in the residential district. However, the location of each type of use shall not be restricted by the zoning district boundary. F. The minimum open space requirements shall be as follows: percent of total tract area: 10%; percent of developed area: 5%. A portion of the open space land, amounting to at least 10% of the total tract area, shall be set aside as common land covenanted to be maintained as permanent open space in private or cooperative ownership. The form of covenant covering such common land shall provide for its permanent ownership and maintenance and shall be subject to the approval of the Planning Board and the City Solicitor (with the consent of the Aldermen this common land may be deeded to the City). This common land shall be of such a physical character and appropriately planned so as to be of use to the residents and patrons of the development. G. The remaining land area may be developed for residential, community facilities and business uses. In considering the application, the Planning Board should determine the need for sites for community facilities such as schools, playgrounds, fire stations and the like. Where such a need is found, appropriate sites within the development shall be set aside. H. The residential density shall not exceed 60 dwelling units per acre of the portion of the total land area devoted to residential use. I. The locations of buildings shall be governed by the following: (1) All buildings shall be at least one foot from any lot line for each foot of building height, but in no case shall any building be closer than 15 feet. (2) All principal buildings shall be at least 24 feet apart, except that where building heights exceed 40 feet, these distances shall be increased by one foot for each foot of height over 40 feet. (3) All principal buildings shall be at least 15 feet from any common parking area. J. Buildings of greater height than eight stories may be allowed only as long as the minimum distances required in Subsection I(1) and (2) above are increased by one foot for each two feet of height over 80 feet. K. The development shall be served by ,25,2.0,30 One side only for side-by-side two-family dwelling units; outside only for semi-detached row unit. Minimum yard dimensions shall be increased by four feet for each story more than four. Where off-street parking spaces required by Article VIII of this ordinance are located underground and under the building served by the parking, the maximum building coverage may be increased above the percentage limit set forth in this table, This increase shall represent an increase in building area up to the area of the parking spaces which are put underground. A credit may be given in determining minimum lot area for abutting and adjoining city-owned land permanently set aside for uses such as park land or playground. the extent of such credit shall be determined by the board of appeals. For mixed uses, the minimum lot area shall be increased by 1,000 sq. ft. for each dwelling unit. NOTES: 1 One side only for side-by-side two-family dwelling units; outside only for semi-detached row unit. 2 Minimum yard dimensions shall be increased by four feet for each story more than four. 3 Where off-street parking spaces required by Article VIII of this chapter are located underground and under the building served by the parking, the maximum building coverage may be increased above the percentage limit set forth in this table. This increase shall represent an increase in building area up to the area of the parking spaces which are put underground. 4 A credit may be given in determining minimum lot area for abutting and adjoining city-owned land permanently set aside for uses such as park land or playground; the extent of such credit shall be determined by the Board of Appeals. 5 For mixed uses, the minimum lot area shall be increased by 1,000 square feet for each dwelling unit. (Ord. No. Table of Dimensional and Density Regulations District,Use,as,(1),(1),,(1) side,TEET,ht Mar.,,,,(6) SR,Any permitted use,""25,000"",110,90,25,20,50,35,2 1/2,35,None,50 SR-A,Any permitted use,""15,000"",100,90,25,15,40,35,2 1/2,35,None,50 SR-B,Any permitted use,""10,000"",80,90,20,12,30,35,2 1/2,35,None,40 UR-A,Townhouse,""7,500 per dwelling unit"",100,90,20,10*,20,35,2 1/2,35,None,35 ,Two-family dwelling,""13,500"",100,90,20,10*,20,35,2 1/2,35,None,35 ,Single-family dwelling,""7,500"",75,90,20,10,20,35,2 1/2,35,None,35 ,Any other permitted use,""10,000"",100,90,20,10,20,35,2 1/2,35,None,35 UR-B,Single-family dwelling,""7,500"",75,90,20,10,15,35,2 1/2,50,None,30 ,""Two(family), multifamily dwelling uses & townhouses"",""7,500 plus 3,000 for each dwelling unit more than one"",100,90,20,10*,15,35,2 1/2,50,None,30 ,Any other permitted use,""10,000"",100,90,20,10*,15,35,2 1/2,50,None,20 UR-C UR-D,""Two(family), multifamily dwelling uses & townhouses"",""6,000 plus 1,250 for each dwelling unit more than one"",100,90,20,10*,15,50,4,50,1,20 ,(Ord. of 5/1/95) Any other permitted use,""7,500"",75,90,20,10,15,50,4,50,1,20 ,Nursing Home (Ord. of 5/1/95),""20,000"",100,90,20,10,15,50,4,50,None,30 District,Use,,,,,,,,,,, BA BA-1,Any permitted use,""5,000*****"",50,90,5,None,None,50,8,None,2.0,5 BB BB-1,Any permitted use,""10,000"",100,90,10,12,15,30,2,60,.75,20 BC,Any permitted use,""5,000*****"",50,90,5,None,None,30,2,None,.75,10 BD,Any permitted use,""5,000"",50,90,15,None,10,80,8,None,2.0,5 ,Nursing Home (Ord. of 5/1/95),""20,000"",100,90,20,10,15,50,4,50,None,30 I,Any permitted use,""20,000"",125,100,30,20,30,50,4,25,2.0,30 One side only for side-by-side two-family dwelling units; outside only for semi-detached row unit. Minimum yard dimensions shall be increased by four feet for each story more than four. Where off-s g Code. Self-enclosed pools shall be enclosed to a height of six feet above ground level with a self-latching gate or an equivalent impassable enclosure as approved by the Building Commissioner. B. An accessory building attached to the principal building shall be considered as an integral part thereof and shall be subject to front, side and rear yard requirements applicable to the principal building. Accessory buildings in the ""B"" and ""I"" districts may be located on the lot so as not to violate the minimum front yard, height restrictions and minimum open space requirements set forth in the Table of Dimensional and Density Regulations. Other accessory structures shall be governed by the regulations for accessory buildings unless specifically exempt by the Board as a special exception. (Ord. No. 16985C, 11-27-1972; Ord. No. 17859, 4-17-1973; Ord. No. 20211, 12-18-1978) § 235-25. Additional dimensional and density provisions. In addition to the regulations in §§ 235-18 through 235-24 above, the following regulations shall apply: A. Existing residential uses in all nonresidential districts shall be subject to the regulations for the particular type of dwelling in the UR-C District. Any new residential uses in nonresidential districts shall be subject to the dimensional and density regulations of the nearest residential district as determined by the Building Commissioner. B. Except for planned developments for multifamily development, cluster residential development, planned unit development or commercial development, and except for community facilities and public utilities, only one principal structure shall be permitted on a lot. In the case of planned multifamily developments other than planned unit development, the minimum distance between the walls of such principal buildings which contain windows shall be twice the minimum side yard or side setback required in the district. The minimum lot area required per each individual dwelling unit, building or other unit or use shall be multiplied by the number of such units to obtain the minimum lot area required for the total tract of land. Other area regula What is the minimum lot size for each zoning district? Instructions: Format the answer to the question as 'District Name' : integer. Only provide one integer for each district and list districts in a numbered list. For example, we would reformat '1. District 1: Lot area minimum 12,000 square feet 2. District 2: Lot area minimum 5,000 square feet (3,000 square feet for legacy units)' as '1. District 1: 12000 2. District 2: 5000' [/INST] Based on the provided table of Dimensional and Density Regulations, here are the minimum lot size requirements for each zoning district listed: SR District: * Lot size requirement: 25,000 square feet. SR-A District: * Lot size requirement: 15,000 square feet. SR-B District: * Lot size requirement: 10,000 square feet. UR-A District: * Lot size requirement: 10,000 square feet. UR-B (Any other permitted use) District: * Lot size requirement: 10,000 square feet. UR-C/UR-D (Two (family), multifamily dwelling uses & townhouses): * Lot size requirement: 6,000 square feet plus 1,250 for each dwelling unit more than one. UR-C/UR-D (Any other permitted use): * Lot size requirement: 7,500 square feet. BA/BA-1: * Lot size requirement: 5,000 square feet. BB / BB-1: * Lot size requirement: 5,000 square feet. BC: * Lot size requirement: 5,000 square feet. BD: * Lot size requirement: 5,000 square feet. I: * Lot size requirement: 20,000 square feet." "[INST] Context: mity to the intensity and dimensional regulations as set forth herein. If a LOT is determined by the rules of Article 14 to be within a Water Resources Protection District, then the more restrictive regulations of Article 14 shall prevail. 11.6.1. Minimum LOT AREA: 60,000 square feet (ft) 11.6.2. Minimum FRONTAGE: 50 feet 11.6.3. Lot Width: 70 feet 11.6.4. Maximum Building Height (Feet): 35 feet 11.6.5. Maximum Building Height (Stories): Three stories 11.6.6. Maximum LOT COVERAGE: 80% 11.6.7. Maximum Floor Area Ratio: 1.5 11.6.8.Minimum Front Yard Setback: 25 feet 11.6.9.Minimum Side Yard Setback: 30 feet 11.6.10. Minimum Rear Yard Setback: 30 feet 11.6.11. Open Space Percent of LOT AREA: 20% **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held on 5/2/05. 11.7. Special Permits in the Office-Light Industrial District. 11.7.1. The SPECIAL PERMIT Granting Authority (SPGA) for uses and STRUCTURES in the Office-Light Industrial District shall be the Planning Board. 11.7.2. Requirements. An application for a SPECIAL PERMIT in the Office-Light Industrial District shall include a written description of the proposal for which a SPECIAL PERMIT is requested and a Site Plan prepared by a Registered Professional Engineer and/or Registered Land Surveyor at an appropriate scale to clearly show dimensions, legend, and all other information deemed necessary to describe the site and its conditions. 11.7.3. Site Plan Review. The site plan review requirements of Section 19 of this Bylaw shall apply to the Office-Light Industrial District. For uses allowed by SPECIAL PERMIT, site plan review shall be conducted concurrently with the SPECIAL PERMIT application, review and determination procedures. 11.7.4. Referral. The Planning Board shall refer a SPECIAL PERMIT application to the Police, Fire, Water and Sewer Departments, the Board of Health, the Conservation Commission and the Merrimac Historical Commission, for written comments and recommendations before taking final action on said SPECIAL PERMIT application. Any board or agency to which applications are referred shall ma l to or greater than the minimum lot width for the applicable zoning district. **Webmasters Note: The previous definition has been amended as per an update approved at a town meeting held on 5/2/05. LOTS IN TWO OR MORE RESIDENCE DISTRICTS : If a LOT is located in two or more residence districts, all of the LOT shall be considered as lying entirely within the district having the largest area and FRONTAGE requirements. LOW- OR MODERATE INCOME HOUSEHOLD : A household with income at or below 80% of area median income, as determined. from time to time by the U.S. Department of Housing and Urban Development. LOW- OR MODERATE INCOME HOUSING : A dwelling unit that is affordable to a low- or moderate-income household; see also, AFFORDABLE HOUSING. MAXIMUM HEIGHT : Vertical distance measured from the mean finished grade of all sides of the building or STRUCTURE to the highest point of the roof for flat roofs, to the deckline for mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs. The mean finished grade shall not be raised or lowered more than five feet above the mean center-line grade of the FRONTAGE street for the proposed building unless the building will be located more than 50 feet from the front property line. MEDICAL CENTER OR MEDICAL FACILITY : A building that contains establishments dispensing health services for health maintenance and the treatment of medical or physical conditions. This term shall not include hospitals, nursing homes or extended-care facilities, but may include establishments providing support to the medical profession and patients, such as medical and dental laboratories, blood banks and oxygen and other miscellaneous types of medical supplies and services. MIXED-USE DEVELOPMENT : Developments and/or STRUCTURES with commercial and residential uses, including but not limited to commercial uses on the ground floor of a commercial STRUCTURE and residential units located on the upper floors. MOBILE HOME : A STRUCTURE designed as a dwelling unit for location on a urposes of the bylaw. 15.11.3. Attached units shall contain no more than four (4) units in a single building. 15.11.4. The minimum distance between clusters of multiple-unit dwellings shall be fifty (50) feet, unless waived by the Planning Board. 15.11.5. The minimum width of existing and proposed open space between dwelling units in the OSRD and adjacent property shall be one hundred and fifty (150) feet. 15.11.6. The minimum setback from internal roads shall be twenty-five (25) feet. 15.11.7. The maximum height of proposed buildings shall be thirty-five (35) feet and shall not exceed two and one-half 2% stories. 15.11.8. Except as provided in this Bylaw, any LOT in an OSRD shall comply with any other dimensional requirements of the zoning district in which it is located. 15.12. Base Density; Determination of Development Capacity, Except as provided under ""Development Incentives"" below, the maximum number of LOTS and dwelling units permitted in an OSRD shall not exceed the number arrived at under the following formula: Total Number Lots and,Total Acreage (in Square Feet) -,(.5X Wetlands) -,All areas with steep slopes8 (see below),(.1X Total Acres) Dwelling,,,-, Units =,,""87,120"",Square Feet, In the instance of a fraction, a fraction may be counted as an additional LOT if the fraction is over one half. 15.13. Development Incentives. The Planning Board may authorize an increase in LOTS or dwelling units up to a maximum of fifty (50%) percent, when all of the units in the OSRD are restricted for occupancy by over-55 households and at least one of the following conditions is met: 15.13.1. The applicant proposes an increase in open space above the fifty percent (50%) minimum and preserves significant natural resources, in the opinion of Planning Board, or 15.13.2. The applicant sets aside ten percent (10%) or more of LOTS or dwelling units on the site for affordable housing for LOW- AND MODERATE-INCOME households. Such units must be eligible for listing on the SUBSIDIZED HOUSING INVENTORY under G.L. ded by a curve having a radius of less than 100 feet. COVERAGE . As used in this Bylaw, ""coverage"" is classified according to the following terms and meanings: 1. BUILDING COVERAGE: The maximum percentage of a LOT in any district which is covered by STRUCTURES which constitute principal and accessory uses thereof. For the purposes of this section, uncovered swimming pools; tennis courts and decks of one hundred square feet or less shall be exempt from the definition of building coverage. Garages, barns, storage sheds or additions and alterations to the principal residential building occupying the LOT shall not be exempt from the definition of building coverage. 2. LOT COVERAGE: The percentage of a LOT in any district which is covered by impervious surfaces, including the principal building and accessory STRUCTURES on the LOT. For the purposes of this section, such impervious surfaces shall include, and not be limited to, paved driveways and parking areas, sidewalks constructed of impervious materials, principal and accessory STRUCTURES, and other on-site amenities that render any portion of a LOT impervious. DWELLING UNIT : A room or group of rooms forming a habitable unit for one family with the facilities which are used or intended to be used for living, sleeping, cooking and eating. EARTH REMOVAL : Stripping, digging, excavating or blasting soil, loam, sand or gravel from one LOT and removing or carrying it away from said LOT to other LOTS or places. EAVE : The projecting lower edges of a roof overhanging the wall of a building. ELDER CARE : Any building or facility providing medical services or assistance with daily living activities for residents over 62 years of age on an out patient or live-in basis. ELDERLY HOUSING : A single-family, Townhouse or MULTI-FAMILY residential development consisting of multiple dwelling units on one single contiguous parcel, restricted for occupancy by households with at least one family member who is 55 years of age or older. FAMILY DAY CARE : CHILD CARE or day care provi 4.12. Regulations for Reduced Lot Frontage in the Village Residential District 4.12.1.Purpose. A reduction in lot frontage may be permitted in the Village Residential District for the purpose of providing a range of housing choices, including housing affordable to low-, moderate- and median-income households. 4.12.2. Requirements. The Planning Board may issue a SPECIAL PERMIT to reduce lot frontage in the Village Residential District consistent with the following criteria: 4.12.2.1. The LOT has a minimum continuous street FRONTAGE of not less than fifty (50) feet. 4.12.2.2. The area of a LOT with reduced FRONTAGE shall be at least equal to the minimum LOT size of the Village Residential District. 4.12.2.3. The LOT shall have at least one area suitable for the construction of a dwelling that can accommodate a circle with a diameter of 60 feet. 4.12.2.4. Not more than two reduced frontage lots shall abut each other. 4.12.2.5. Two abutting reduced frontage lots shall be served by a Common Driveway. 4.12.2.6. A reduced frontage lot shall not interfere with the use and enjoyment of an abutting LOT and will not adversely affect the neighborhood. 4.12.3. Notwithstanding any other provision, a reduced FRONTAGE LOT created by SPECIAL PERMIT from the Planning Board shall not be further subdivided, or reduced in area, or changed in size or shape, and it may be used only for Infill Residential Uses as defined in Section 4.11 of this Bylaw. The Planning Board shall require deed restrictions to insure the aforementioned criteria and use limitations. 4.13. Regulations for Multi-Family Housing in the Village Residential District The Planning Board may grant a SPECIAL PERMIT for MULTI-FAMILY housing in the Village Residential District under the following conditions: 4.13.1. Multi-family housing in the Village Residential District is intended to provide a mix of housing types at a density and scale appropriate for the historic character of the district. To qualify for a MULTI-FAMILY housing SPECIAL PERMIT, the applicant must includ What is the minimum lot size for each zoning district? Instructions: Format the answer to the question as 'District Name' : integer. Only provide one integer for each district and list districts in a numbered list. For example, we would reformat '1. District 1: Lot area minimum 12,000 square feet 2. District 2: Lot area minimum 5,000 square feet (3,000 square feet for legacy units)' as '1. District 1: 12000 2. District 2: 5000' [/INST] I don’t know. " "[INST] Context: ARTICLE VI DIMENSIONAL REGULATIONS § 97-6. Dimensional Regulations. A. General Regulations. (1) Any building, structure, or part thereof, converted, constructed, altered, or moved shall conform with the requirements for lot area, frontage, yards, floor area ratio (FAR), lot coverage, and height as set forth in this table unless otherwise specified elsewhere in this bylaw. B. Table of Dimensional Requirements. TABLE OF DIMENSIONAL REQUIREMENTS ,Minimum,Dimensions,,,,Dimensions, Zoning District,Lot Area,Frontage,SetBacks,,Footprint,Lot Coverage,Height* ,(sft),(ft),Property line (ft),Street (ft),(sft),(%),(ft) R-AG Single Family,""40,000 (1)"",125,10(2),202 (2),,,35 Residence Two Family,""60,000 (1)"",125,10(2),20(2),-,-,35 Residence - Served by a public water supply Two Family Residence - all other,""80,000 (1)"",125,102,202,-,-,35 PR,""40,000 (1)"",125,10(2),202,,-,35 R-LB,""80,000 (1)"",125,10(2),202,,-,35 B,""10,000 (1)"",100,10,20,""2,500 (5)"",50,35 CH,""40,000 (4)"",200,25,50,-,50,35 CHA,""40,000 (4)"",200,25,50,,50,35 I,""40,000 (1)"",200,25(3),50³,-,50,35 Notes: (1) Required contiguous upland. Regardless of the actual lot size, at least 80% of the minimum lot area for the district shall be contiguous in uplands and shall not be in wetlands or in the Parker River-Essex Bay Area of Critical Environmental Concern. Such wetlands are defined in M.G.L. Chapter 131, Section 40 as amended, and include without limitation bogs, swamps, marshes, wet meadows, and areas of flowing or standing intermittent, and are characterized by their distinctive soils, including but not limited to peat or muck, by the existence of plant communities which require the presence of water at or near ground surface for the major portion of the year. Such plant communities are those described in M.G.L., Chapter 131, Section 40 as amended. [Amended 6-26-2001 STM, Art. 8; 6-24-2003 STM, Art. 15] [Added 6-24-2003 STM, Art. 17] [Added 6-24-2003 STM, Art. 16] (2) No part of any building on lots in said district may stand less than 10 feet from a property line or less than 20 feet from a street unless a nearer building line is already established by existing buildings. (3) No building on any lot shall be closer than 50 feet to a highway or watercourse or less than 25 feet from any side or rear boundary or more than 35 feet in height as measured from the mean sea level of the established grade at the building to the mean height of the roof. (4) Each lot shall have an area not less than 40,000 square feet and shall have a frontage on an accepted way of not less than 200 feet (an additional 2,000 square feet of gross area shall be required for each unit in any motel). (5) Maximum footprint area of a permitted non-residential building shall neither exceed 2500 square feet nor cover more than 50% of the lot. * See height definition section 97-11 D reet other than a street created by the OSRD; provided, however, that the Planning Board may waive this requirement where it is determined that such reduced lot(s) will further the goals of this By-Law; (b) At least 50% of the required setbacks for the district shall be maintained in the OSRD unless a reduction is otherwise authorized by the Planning Board. Where structures containing three to four dwelling units are being proposed, the side lot lines between units may be 0 feet, however the distance between structures shall be a minimum of 20 feet; (c)Minimum Frontage: The minimum frontage may be reduced from the frontage otherwise required in the zoning district; provided, however, that no lot shall have less than 50 feet of frontage; (d) Setbacks: Every dwelling fronting on the proposed roadways shall be set back a minimum of 20 feet from the roadway right-of-way, and 10 feet from any rear or side lot line. In the event that dwellings are located on exclusive use areas or contain no interior lot lines, a minimum distance of 20 feet between single and two-family dwellings shall be required. (11) Increases in permissible density. The Planning Board may award a density bonus to increase the number of dwelling units beyond the Basic Maximum Number. The density bonus for the OSRD shall not, in the aggregate, exceed fifty percent (50%) of the Basic Maximum Number. Computations shall be rounded to the lowest number. A density bonus may be awarded in the following circumstances: (a) For each additional ten percent (10%) of the site (over and above the required 50%) set aside as open space, a bonus of one additional unit or five percent (5%) of the Basic Maximum Number, whichever is greater, may be awarded. (b) For every one (1) dwelling unit restricted to occupancy for a period in perpetuity by persons or families who qualify as low or moderate income, two (2) dwelling units may be added as a density bonus for each low income unit, one (1) dwelling unit as a bonus for each moderate income unit. (c) For every historic structure preserved and subject to a historic preservation restriction, one (1) dwelling unit m eptions if based in part on limiting the number of lots upon which buildings can be constructed shall be endorsed on the plan to which they relate or set forth in a separate instrument attached thereto and recorded therewith. The Board shall maintain in its flies a written explanation of the reduction or exemption together with the reasons for its approval. B. Cul-de-sac streets shall be provided with a turnaround having an outside sideline diameter of at least 165 feet, an outside roadway diameter of at least 140 feet, a pavement width of 25 feet, and a center island. Streets with a center island of less than four acres shall be classified as cul-de-sacs. Streets with a center island of four or more acres shall be classified as non-through streets. C. Length of cul-de-sac streets shall be measured from the side line of its intersect with a through street along the center line of the cul-de-sac street to the rear most point of the sideline of the turnaround. Length of non-through streets shall be measured from the sideline of its intersection with a through street along the center line of the non-through street to the point on such center line which is most distant from the sideline of the through street. D. Grades of all streets shall be the reasonable minimum but not less than two percent nor more than seven percent on collector and subcollector streets or ten percent on minor streets. § 117-22. Typical cross section. See the Typical Cross Section Diagram at the end of this chapter. § 117-23. Easements. A. Easements for utilities or for pedestrian access across lots or centered on rear or side lot lines shall be provided where necessary and shall be at least twenty feet wide. B. Where a subdivision is traversed by a watercourse, drainage way, channel or stream, the Board may require that there be provided a storm water easement or drainage right-of-way of adequate width to conform substantially to the l ne and coarse sand practically free from loam and clay uniformly graded and containing no stone having any dimensions greater than 3 1/2 inches. When spread on the road and rolled, it shall form a stable foundation. The grading shall conform to the following requirements: passing 3/8 inch sieve - 70% maximum; passing No. 10 sieve - 50% maximum; passing No. 200 sieve - 5% maximum. No stone used in the subgrade of a street shall have any dimension greater than 6 inches. The subdivider shall notify the agent of the Planning Board as to the source of the gravel. § 117-4. Right to make a subdivision. No person shall make a subdivision, within the meaning of the Subdivision Control Law, of any land within the Town, or proceed with the improvements or sale of lots in a subdivision, or the construction of ways, or the installation of municipal services therein, unless and until a plan has been endorsed ""Planning Board Approval Not Required"" or a Definitive Plan of such subdivision has been submitted to and approved and endorsed by the Board. § 117-5. One dwelling on any lot. Not more than one building designed or available for use for dwelling purposes shall be erected or placed or converted to use as such on any lot in a subdivision, or elsewhere in the Town, without the consent of the Board, and such consent may be made conditional upon the providing of adequate ways furnishing access to each site for such building, in the same manner as otherwise required for lots within a subdivision. § 117-6. Water supply and sewage disposal. The Board will not approve a subdivision plan unless the developer's engineer certifies: A. That a water supply deemed adequate by the Board will be available; and B. That each buildable lot can be provided with an on-site disposal system deemed adequate by the Board of Health. This certification shall be based upon one or more test wells within the subdivision. § 117-7. Waivers. The Board may waive strict compliance with any of these Regulations if it deems it in the public interest and if written record is kept of such waivers, and the reasons for them. § 117-8. Compliance with Zoning Bylaw required. The Planning Board shal approximate areas and dimensions. Lots shall be numbered in sequence; (7) Proposed system of drainage, including the approximate location of all swamp, marsh and lowland, water bodies, streams, open drain sand ditches, natural or manmade, and flowage rights, public and private, adjacent to or within the proposed subdivision, in a general manner; (8) Zoning classification and location of any Zoning District Boundaries, including overlay zoning such as flood plain or wetlands, which may lie within the subdivision; (9) The existing and proposed topography of the land at 2 ft. contour intervals; (10) The volume of ""earth"" to be removed, if applicable, or a statement that no ""earth"" is to be removed from the subdivision in conjunction with construction; (11) The location, boundary lines, area and dimensions of all wetlands (as defined in G.L., Chapter 131, Section 40, as amended) situated on each lot within the subdivision. C. Review of the Preliminary Plan - Upon acceptance of a Preliminary Plan application, the Board shall post one set of Preliminary Plans in the Town Hall for public review and shall forward one set of Preliminary Plans to the Conservation Commission, the Highway Department, the Board of Fire Engineers, and the applicable Water District Commission. Within 30 days of filing with the Board of Health or forwarding the Preliminary Plan, each agency shall report its findings and recommendations to the Planning Board. D. Approval, Modification or Disapproval - As soon as practicable after accepting the submission, the Board will study the Preliminary Plan and discuss it with the applicant. Within 45 days of submission the Board shall approve the Preliminary Plan with or without modifications suggested by it or agreed upon by the applicant, or shall disapprove the Preliminary Plan giving the reasons for such disapproval. The Board shall send notice of its action to the Town Clerk and the applicant. Approval of the Board does not constitute approval of a Subdivision but does facilitate the procedure in securing appr What is the minimum lot size for each zoning district? Instructions: Format the answer to the question as 'District Name' : integer. Only provide one integer for each district and list districts in a numbered list. For example, we would reformat '1. District 1: Lot area minimum 12,000 square feet 2. District 2: Lot area minimum 5,000 square feet (3,000 square feet for legacy units)' as '1. District 1: 12000 2. District 2: 5000' [/INST] R-AG Single Family Residence : 40000 PR : 40000 R-LB : 80000 B : 10000 CH : 40000 CHA : 40000" "[INST] Context: n any zone is 65 feet; maximum height in feet for wireless communication facilities is 125 feet. * Wetlands and water bodies are not computed in lot area (see Section 6.4) **Webmasters Note: The previous chart has been amended as per an update approved at a town meeting held on 5/9/05. 6.3 Small Lots/Contiguous Lots/Non-Conforming Lots 6.3.1 A vacant lot having at least 50 feet frontage and 5,000 square feet area, lawfully laid out by a recorded plan or deed prior to the adoption of the Zoning By-law in 1974 and not adjoining at the time of said adoption any other vacant lot or lots and/or any other non-vacant lot or lots of the same owner, may be built upon so as to conform to a minimum side yard of 13 feet and a minimum front setback of 25 feet from the road. The rear setback shall at all times be a minimum of thirteen feet from the rear property line. 6.3.2 If the lot or lots in 6.3.1 at the time of the adoption of the Zoning By-law in 1974 adjoins other vacant lot or lots or non-vacant lot or lots of the same owner, it may be built upon within five years from the date of the recording of the deed or plan establishing such lot or lots or from the date of the endorsement of the plan as not requiring subdivision approval, whichever is earlier. 6.3.3 Any non-conforming adjoining lots held in single ownership established by recorded plan or deed prior to the adoption of the Zoning By-law in 1974 shall be combined for building purposes in order to provide a lot as close to the zoning minimum requirements as possible. 6.4 In computing the area of a lot, no portion of a way 6.5 In Commercial districts adjacent to the boundary of a Residential Eighty (R- 6.6 In Industrial districts adjacent to the boundary of a Residential Eighty (R- 6.7 The minimum lot area requirements specified in Table 6.2 shall be a. Within the Water Resource Protection District the minimum lot requirements shall be modified as follows: Within Zone II the minimum lot area for residential and non-residential uses shall be 80,000 square feet per unit; within Zone III the minimum lot area for residential and non-residential use shall be 60,000 square feet per unit except that in the Village Commercial zoning district the minimum lot area for r feet per unit; within Zone III the minimum lot area for residential and non-residential use shall be 60,000 square feet per unit except that in the Village Commercial zoning district the minimum lot area for residential and commercial uses shall be as per the dimensional requirements of the Village Commercial district. b. No existing lot used for multi-family dwellings shall be changed in size so as to result in a violation of the requirements of this Section. c. Lots may be reduced through the Residential Cluster Development Special Permit process (Section 6.8 43), provided that the provisions of Section 6.8 #2, as amended in Article 23, Norton Town Meeting of 5/2/88, are met. 6.8 RESIDENTIAL CLUSTER DEVELOPMENT REGULATIONS a. Single-family, duplex, and multi-family Cluster Development may be allowed by a special permit in Zoning District specified in Table 4.2. b. In order to encourage better site planning in the placement of buildings and improvements, the Planning Board may allow more than one building to be located on a single lot. DIMENSIONAL REQUIREMENTS 1. The site proposed for Cluster Development shall be not less than ten acres for Single-family, fifteen acres for duplex and twenty acres for Multi-family in area and shall be under a single owner or a group of owners acting jointly. 2. No site shall be developed in a manner which would result in a greater number of dwelling units being constructed in a Cluster Development than would be permitted in a conventional single family development on the same site. 3. In Cluster Development made up of individual lots, each lot may be reduced in size up to 50% from the minimum size allowed in the zoning district in which the site is located. Where on-site sewage disposal is required, a minimum lot area of 40,000 square feet shall be required. 4. The Townhouse or Rowhouse Development without individual lots, the area allocated to buildings, streets, parking and storage areas shall not exceed 50% of the building site area if the maximum number of allowable units are proposed. The area allocated to buildings, streets, parking and storage area may be reduced from 50% of total building site area in a ratio equival ape factor not exceeding the numerical value of 22; to meet the minimum area requirement for construction in a commercial or industrial district, the lot must contain a closed plot of land having a definite area and perimeter of not less than the minimum lot area for the district in which the land is located and having a shape factor not exceeding the numerical value of 22. 6.2 Dimensional Requirements Residential Eighty.................which may be abbreviated as R-80 Residential Sixty..................which may be abbreviated as R-60 Residential Forty..................which may be abbreviated as R-40 Village Commercial.................which may be abbreviated as VC Commercial.........................which may be abbreviated as C Industrial.........................which may be abbreviated as I USE,Zoning,District Requirements,Dimension in,Feet/Square Feet*,, ,R-80,R-60,R-40,VC,C,I ,,,,,""18,000"",""45,00"" Single-family dwelling (including accessory apartment if allowed),""80,000"",""60,000"",""40,000"",""18,000"",, Duplex,""80,000"",""80,000"",""80,000"",""26,000"",, 3 units per building,,,""110,00"",""34,000"",, 4 units per building,,,""130,00"",""40,000"",, 5 units per building,,,""150,00"",""50,000"",, 6 units per building,,,""180,00"",""60,000"",, Minimum continuous frontage in feet (see 6.10),150,150,150,120,120,150 Minimum front yard in feet for principal building,50,40,40,10,50,40 Minimum side yard in feet for principal building,35,25,25,10,15,30 Minimum side yard in feet for accessory building,10,10,10,10,10,10 Minimum rear yard in feet for principal building,25,15,15,20,20,40 Minimum rear yard in feet for accessory building,10,10,10,20,10,10 Maximum percentage of lot covered by building,12,16,20,50,33,33 Maximum height of buildings in feet,35,35,35,45,45,50 Maximum height in stories,3,3,3,3,3,3 ""Maximum height in feet of chimneys domes, spires, towers, radio or television antennae in any zone"",65,65,65,65,65,65 Maximum height in feet of chimneys, domes spires, towers, radio or television antennae in any zone is 65 feet; maximum height in feet for wireless communication facilities is 125 feet. * Wetlands and water bodies are not computed in lot area (see Section 6.4) **Webmasters Note: The previous cha ARTICLE VI - DIMENSIONAL REGULATIONS 6.1 Permitted Dwelling a. For every principal permitted dwelling erected or moved hereafter, requirements of Table 6.2 and the principal dwelling and accessory building shall be located on the lot so as to conform to the requirements of said Table 6.2. Unless otherwise specifically provided herein, within residential districts only one principal permitted building shall be located on a single lot. No lot shall be changed in size or shape so as to result in a violation of the requirements of Table 6.2, except through taking or acquisition for public purpose. b. Multiple Commercial and Industrial Buildings may be allowed on a lot in Village Commercial, Commercial and Industrial Zoning Districts and multiple buildings may be allowed for Housing for the Elderly in Commercial Zoning Districts as long as the total percentage of the lot covered by buildings does not exceed 33% as specified in Article 6.2 of the Zoning By-law. All setbacks would have to be observed. Minimum distance between buildings shall be 15 feet. c. All residential uses that are permitted either by right or by Special Permit in a Commercial Zone must meet all of the dimensional requirements of the nearest residential zone as it appears on the Zoning map. In cases where more than one residential zone applies, the more stringent regulations shall be adhered to. d. To meet the minimum area requirements for construction of a residential unit, a lot must contain a closed plot of land having a definite area and perimeter of not less than the minimum lot area for the district in which the land is located and having a shape factor not exceeding the numerical value of 22; to meet the minimum area requirements for construction of a residential units in a multi-family structure, a lot must contain a closed plot of land having a definite area and perimeter of not less than the minimum lot area required for multi-family units in Article VI, Section 6. 1, Table of Dimensional Requirements and having a shape factor not exceeding the numerical value of 22; to meet the minimum area requirement for construction in a commercial or industrial district, the lot must contain a closed plot of land having a definite are uilding site area if the maximum number of allowable units are proposed. The area allocated to buildings, streets, parking and storage area may be reduced from 50% of total building site area in a ratio equivalent to the proportion of units proposed to the maximum number of units possible. 5. Within Cluster Development, which have individual lots, the Planning Board shall establish reasonable setbacks for buildings and accessory units. 6. For the purposes of conventional development plans showing multi-family or duplex lots, the required frontage shall be 200 feet. 7. Within Townhouse or Rowhouse Developments without individual lots, the minimum distance between buildings shall be 50 feet. Minimum setbacks of all buildings from the street shall be 30 feet. 8. All lots fronting on an existing Town way shall maintain the frontage required in conventional zones. 9. Not more than 100 linear feet of any right-of-way strip associated with a drive may be used in computing the minimum square footage of any lot. **Webmasters Note: Subsection 10. has been deleted as per an update approved at a town meeting held on 5/9/05. OPEN SPACE AREAS 1. In any Cluster Development, at least 35% of the buildable area used in calculating the permitted density shall be set aside as open space. This area shall not include wetlands, ponds, marshes or other protected natural area. Although this shall not prevent these areas from being added to the 35% minimum open space. 2. All open space areas shall have dry access to the street suitable for use by maintenance and emergency vehicles. 3. Parking areas, streets or other areas associated with the residential development shall not be included in the open space area. 4. Ownership of the open space area shall be as described in MGL Chapter 40A with the Planning Board having final approval of ownership method. In the event that the open space area is conveyed to a homeowners association, the association must grant an easement and/or restriction and such easements and/or restrictions to the Town allowing the Town to control all building rights in the area. Such restrictions shall be for the benefit of and enforceable by the Town. What is the minimum lot size for each zoning district? Instructions: Format the answer to the question as 'District Name' : integer. Only provide one integer for each district and list districts in a numbered list. For example, we would reformat '1. District 1: Lot area minimum 12,000 square feet 2. District 2: Lot area minimum 5,000 square feet (3,000 square feet for legacy units)' as '1. District 1: 12000 2. District 2: 5000' [/INST] R-80 : 80000 R-60 : 60000 R-40 : 40000 VC : 18,000 C : 18,000 I : 45,000" "[INST] Context: nstructed, changed, enlarged or permitted and no use of premises in any district shall be permitted which does not conform to the dimensional controls set forth herein except in the MU district where up to thirty (30) percent of such standards can be waived through granting of a special permit. (Ord. of 10-11-84, § 14) 5.2 Schedule of Dimensional Controls Districts,Minimum Lot Dimensions (1),,Minimum Yard (2),Depths,,Maximum Height (3),Maximum Lot Coverage (4),Maximum Floor Area Ratio (5),Minimum Buildable (6),Area ,Area (sq. ft.),Frontage (ft.),Front (ft.),Side (ft.),Rear (ft.),(ft.),,,Width (ft.),Depth (ft.) R-1,,,,,,,,,, Single Family,""20,000"",125,25,20,35,30,25%,--,60,40 R-1A,,,,,,,,,, Single Family,""15,000"",125,20,15,35,30,30%,--,60,40 R-1B,,,,,,,,,, Single Family,""10,000"",100,25,20,35,30,30%,--,50,35 R-2,,,,,,,,,, One-Family,""5,000"",50,15,10,35,30,35%,--,25,35 Two-Family,""7,500"",50,15,10,35,30,35%,--,25,35 R-3 Districts,Minimum Lot Dimensions (1),,Minimum Yard (2),Depths,,Maximum Height (3),Maximum Lot Coverage (4),Maximum Floor Area Ratio (5),Minimum Buildable (6),Area ,Area (sq. ft.),Frontage (ft.),Front (ft.),Side (ft.),Rear (ft.),(ft.),,,Width (ft.),Depth (ft.) Multiple Family Residence,""10,000 or 1,500 s.f."",60,20,10,35,35,20%,.2,30,20 R-4 Districts,Minimum Lot Dimensions (1),,Minimum Yard (2),Depths,,Maximum Height (3),Maximum Lot Coverage (4),Maximum Floor Area Ratio (5),Minimum Buildable (6),Area ,Area (sq. ft.),Frontage (ft.),Front (ft.),Side (ft.),Rear (ft.),(ft.),,,Width (ft.),Depth (ft.) Multiple Family Residence,""30,000 or 750 s.f. Per bedroom Whichever is greater"",75,20,15,35,50,35%,1.6,35,25 R-5 Districts,Minimum Lot Dimensions (1),,Minimum Yard (2),Depths,,Maximum Height (3),Maximum Lot Coverage (4),Maximum Floor Area Ratio (5),Minimum Buildable (6),Area ,Area (sq. ft.),Frontage (ft.),Front (ft.),Side (ft.),Rear (ft.),(ft.),,,Width (ft.),Depth (ft.) Multiple Family,20 ac.,none,25,25,25,35,35%,--,, PRD,,,,,,,,,, Single Story,5 ac. (e),none,15,10,25,20,35%,--,, Multi-Story,5 ac., minimum yard shall be one hundred (100 feet. This requirement supersedes all other yard and set-back distances affecting the regional-business district. (d) A buffer zone of fifty (50) feet [shall] be established under said zoning. (Ord. of 8-4-83, § 1) (e) This is minimum project size, specific lots must be a minimum of six thousand (6,000 square feet. (Ord. of 10-11-84, § 15) (f) For individual mobile home parcels. (Ord. of 10-11-84, § 15) 5.3 MODIFICATIONS OF DIMENSIONAL REGULATIONS 5.3.1 Where a business or industrial district adjoins a residence R-1, R-1A, R-1B, R-2, R-3, R-4, or R-5 District, the sideyard requirement of the residence district, if more restrictive than that of the business or industrial zone, shall apply to all buildings in the business or industrial districts that are located within one hundred (100) feet of the boundary line between the districts. (Ord. of 5-10-84, § 27) 5.3.2 The determination of construction type for purpose of height limitations shall be based upon definitions of the National Board of Fire Underwriters. 5.3.3 Portions of a lot developed for multiple family dwellings which are not occupied by buildings or structures, and not used for off street vehicular parking, walks or interior access roads, shall be landscaped. All landscaped areas, including lawns, trees, shrubs and other plantings shall be properly maintained in a sightly and well-kept condition. 5.3.4 Open space required in business or industrial districts shall be provided in the rear, or in part of the sides, so as, in the opinion of the Building Inspector, to insure the adequate lighting and ventilating of the building and access in case of fire. 5.3.5 Steps, roofs over steps and/or windows, open or lattice enclosed fire escapes and bay windows which do not project over four and one half (4 1/2) feet beyond the foundation line, which do not exceed more than twenty-five (25) square feet, may extend beyond the minimum yard regulations otherwise provided for the district in which the structure is built (Ord. of 5- Section 5: Dimensional Regulations 5.1 BASIC REQUIREMENTS 5.1.1 Lot dimensions. A dwelling, building or other structure hereafter erected in any district shall not be located on a lot having less than the minimum requirements, and no more than one dwelling shall be built on any lot except as hereinafter provided and no lot, or the building or buildings thereon, shall be changed in size so as to violate the provisions of this ordinance with respect to size of lots or yards. 5.1.2 Recorded lots. A lot or parcel of land having an area of frontage of lesser amounts than required on the following schedule of dimensional controls may be considered as coming within the area and frontage requirements of this section provided such lot or parcel of land was shown on a plan or described in a duly recorded deed or registered at the time of adoption of this ordinance and did not at the time of adoption adjoin other land of the same owner available for use in connection with such lot or parcel. Any increase in the area, frontage, width, yard of depth requirements of this ordinance shall not apply to a lot for single and two family residential use which at the time of recording or endorsement, whichever occurs sooner, was not held in common ownership with any adjoining land, conformed to then existing requirements and had less than the proposed requirement but at least five thousand (5,000) square feet of area and fifty (50) feet of frontage. The provisions of this paragraph shall not be construed to prohibit a lot being built upon if at the time of the building, building upon such lot is not prohibited by this ordinance. 5.1.3 Front yard dimensions. The minimum front yard dimensions required in subsection 5.2 schedule of dimensional regulations are to be measured from the street line where a plan of the street is approved and on file with the planning board or with the registry of deeds, or in the absence of such a plan, from a line twenty-five (25) feet from and parallel with the center line of the traveled right of way. 5.1.4 Height limitation. pace between said yard and the abutting property this area may be included in the required dimensional setback for the subject cluster. However, in no case can the sum of the lot setback and the width of the buffer, be less than that required for the district underlying the cluster, or thirty-five (35) feet whichever is more. (5) Every individual lot in the cluster development shall have an area of at least two thirds of the minimum area per dwelling unit required in the district, or six thousand six hundred (6,600) square feet (whichever is larger), the balance, if any remaining in common land. The special permit granting authority shall have the right to further waive minimum lot area requirements up to one-half (50%) of the minimum required in the district provided that all the following apply: a. Such waivers result in a more efficient lot layout which affords protection of more natural features of the site or otherwise directly furthers the achievement of the purposes (section 4.4.4 (b)) of this ordinance. When such a waiver is granted, a specific finding has to be made in the written decision of the special permit granting authority describing how such waiver complies with this provision of the ordinance; and b. Such a waiver shall not increase the number of lots allowed in the cluster beyond the number allowed under 4.4.4 (c) (1) of this ordinance; and c. No lots smaller than six thousand (6,000) square feet are created by means of such a waiver. (6) The total area of common land within the development equals or exceeds the sum of the areas by which any individual lots are reduced below the minimum lot area normally required in the district. The total area of common land may usually range from twenty (20) to fifty (50) percent of total land area within the development, exclusive of areas not available for development per 4.4.4 (c) (1). (7) All common land hereunder shall be held in common ownership by the owners of lots within the development. In the case of ownership by a separate legal entity, the developer shall include in the deed acteristics; book binding and small machine shops. (Ord. of 9-16-82, § 4) 4.5.8 Area regulations. (a) MPRD site area. No MPRD shall be permitted on a site of less than fifty thousand (50,000) square feet. **Webmasters Note: The previous subsection has been amended as per Ordinance No. 03-04. (b) Usable open space. In all MPRD's at least ten (10) percent of the land shall be set aside as permanent usable open space, provided that the special permit granting authority may give permission for a lesser percentage if circumstances warrant, but in no case less than five (5) percent. (c) Setback requirements. All structures and facilities within the MPRD shall be subject to the following setback requirements: Front yard-75 feet Side yard-20 feet Rear yard-50 feet (d) Floor area ratio. The floor area in all buildings in a municipal properties reuse development shall not exceed a ratio of 1.0 excluding parking structures, malls and plazas. (e) Height. No building in the MPRD shall exceed fifty (50) feet in height. (Ord. of 9-16-82, § 4) 4.5.9 Parking requirements. (a) In all MPRD districts, adequate off street parking shall be provided for all vehicles normally visiting the property at any one time. The parking may be ground level, underground, or in a garage structure. Parking shall be provided at the following ratio for the different types of use within the municipal properties reuse development district on land in the same ownership or on a separate parcel, provided the nearest parking space is within two hundred (200) feet of the building that the parking lot will serve, and further provided that an agreement will be recorded dedicating the parcel to parking use for the reasonable life of the building: Use,Minimum Required Spaces (1) Residential:, ""a. Detached one, two or three family residential structures."",Two (2) spaces--for every family dwelling unit. b. Apartment and town houses., One and one-half (1 1/2) for every family dwelling unit. (2) Banks and financial services; business and professional offices.,""One (1) for What is the minimum lot size for each zoning district? Instructions: Format the answer to the question as 'District Name' : integer. Only provide one integer for each district and list districts in a numbered list. For example, we would reformat '1. District 1: Lot area minimum 12,000 square feet 2. District 2: Lot area minimum 5,000 square feet (3,000 square feet for legacy units)' as '1. District 1: 12000 2. District 2: 5000' [/INST] R-1 District : 20000 R-1A District : 15000 R-1B District : 10000 R-2: 5,000 R-3: 10,000 R-4: 30,000 R-5: 5ac." "[INST] Context: SECTION 4000.DIMENSIONAL REGULATIONS 4100. GENERAL. No structure shall be erected or used, premises used, or lot changed in size or shape except in conformity with the requirements of this section, unless otherwise exempted by this Bylaw or by statute. 4110. One Structure per Lot Except as otherwise provided herein, not more than one principal structure may be placed on any lot. 4120. Change of Lot. No existing conforming or nonconforming lot shall be changed in size or shape except through a public land taking or donation for road widening, drainage, or utility improvements or except where otherwise permitted herein, so as to create a nonconformity or increase the degree of nonconformity that presently exists. If land is subdivided, conveyed, devised or otherwise transferred in violation hereof, no building or other permit shall be issued with reference to said transferred land until the lot retained meets the requirements of this Bylaw. 4130. Open Spaces to be Separate. No yard, court or open space or part thereof shall be included as a part of the yard, court or open space similarly required for any other building, structure or dwelling unit. 4140. Table of Dimensional Requirements The following table shall govern dimensional requirements in the various districts: TABLE OF DIMENSIONAL CONTROLS TABLE OF DIMENSIONAL CONTROLS DISTRICT,MINIMUM LOT AREA (SQ. FT.),MINIMUM LOT FRONTAGE (FT.),MINIMUM FRONT YARD (FT.),MINIMUM SIDE YARD (FT.),MINIMUM REAR YARD (FT.) RR,""80,000"",200,50,30,75 TR,""80,000"",150,50,25,60 RCR,""80,000"",150,50,25,60 SR,""40,000"",150,30,15,45 UR,""40,000"",150,30,15,45 C,None,50,30,15,25 I,None,None,40,30,45 4200. SPECIAL DIMENSIONAL REGULATIONS 4210. Front and Side Yards in Commercial District. In a Commercial District the Planning Board may, by special permit, vary the minimum front and side yard requirement where adequate access to required parking is shown and the standards for a special permit are met, provided that the floor area of the resulting building is no greater than it would be if there were no special permit. 4220. Minimum Lot Width parking is shown and the standards for a special permit are met, provided that the floor area of the resulting building is no greater than it would be if there were no special permit. 4220. Minimum Lot Width in Residential Districts. The minimum width of any lot in a residential district between the dwelling and the lot frontage shall be no less than forty (40) feet. 4230. Lot Shape The following rules apply to lot shape: 4231. In all residential districts, the required minimum lot frontage shall be maintained into the lot at least as far back as the required minimum front yard for the applicable district. 4232. If the width of a lot narrows to less than fifty percent (50%) of the width of the frontage within the first one hundred fifty (150) feet of the lot depth, the dimensional controls for a rear lot as set forth in Section 7500 shall apply. 4233. At no point shall the lot width measure less than forty (40) feet. 4234. The shape of all lots shall conform to the following requirement: 1. 16A > 0.4 2. P2 3. Where: 4. A = the lot area in square feet 5. P = the lot perimeter in feet. 4235. This formula may be applied to a lot which conforms to all requirements of Section 4000, including, but not limited to frontage, lot area, a minimum of 30,000 contiguous square feet of land exclusive of wetland and flood hazard areas and, when applicable, any requirements of Section 8100. 4240. Residential Use in Commercial or Industrial District A residential use hereafter located in a commercial or industrial district shall conform to the dimensional requirements of the nearest residential district except dwelling units above the first floor as allowed in the Commercial District. 4250. Special Permit; Eminent Domain. Where an action in eminent domain results in a lawfully preexisting building lot being rendered nonconforming, the Board of Appeals may grant a special permit to allow such lot may be built upon thereafter, provided that such lot has 100 feet of remaining frontage and a minimum area of 10,000 square feet. 4300. SPECIAL PERMIT TO VARY HEIGHT LIMITATIONS 4310. t arrangement of roadways, driveways, pedestrian and other open areas to provide access for emergency vehicles to reach all buildings and structures at all times. Each lot shall be of a size and shape to provide a building site, which shall be in harmony with the natural terrain and other features of the land and provide adequate allowance for future accessory buildings or structures. In no instance shall any of the dimensional controls be reduced below the following table of minimum requirements. The nature of the soils and subsoils shall be suited for the intended purposes. This determination shall focus upon, but shall not be limited to, the location, design and construction of access ways, buildings, septic systems and surface water drainage systems. Soil borings or test pits shall be required prior to the issuance of any building permits, unless waived by the Planning Board, to provide information on soil texture, color, percolation rates and depth to the groundwater table at its maximum elevation. Wherever possible and at the discretion of the Planning Board, a 50-foot wide no-disturbance buffer shall be provided around the entire perimeter of the site. This 50-foot buffer does count towards the minimum required amount of protected open space, subject to the limitations of section 7160. TABLE OF MINIMUM REQUIREMENTS TABLE OF MINIMUM REQUIREMENTS Requirement,Served by Town Sewer and Water,""Served by Town Water, but not Sewer"",Served by Neither Town Water or Sewer Minimum lot area,""20,000 sq. ft."",""30,000 sq. ft."",""40,000 sq. ft."" ""Minimum contiguous lot area exclusive of wetland, flood hazard and surface water areas"",""18,000 sq. ft."",""25,000 sq. ft."",""30,000 sq. ft."" Minimum lot frontage,75 feet,120 feet,120 feet Minimum side yard,15 feet,25 feet,25 feet Minimum rear yard,25 feet,25 feet,25 feet Minimum front yard,25 feet,25 feet,25 feet Note: Lots with duplexes (two attached dwelling units) or multifamily units shall require twice the minimum lot area as specified above for single family lots and mu hat less distance is desirable. In no case shall such distance be less than twenty (20) feet. 7324. On-site drained parking areas shall comply with Section 5100, and adequate provision for aisles and drives shall be provided. Visitor parking spaces shall be clustered and distributed throughout the site to complement the design and layout of the site and to ensure safe vehicular and pedestrian flow. Separate buildings for parking garages, if any, shall be located and designed so as to complement the apartment building design and site layout. Parking spaces located at the front of the site shall be suitably screened so as to not be viewed from the road. 7325. All dwelling units within apartment buildings shall have a minimum floor space area of four hundred-eighty (480) square feet. 7326. Except for detached single family dwelling units, no multifamily residential development containing eight (8) or more dwelling units shall have more than twenty percent (20%) of the total number of dwelling units with three (3) or more bedrooms. 7327. Easements and deeds shall be granted to the town to secure access to town facilities, utilities and land. 7328. Excepting master antennas serving one (1) or more buildings, exterior antennas for reception or transmission of electronic signals shall not be permitted. 7329. All multifamily developments shall require signage in accordance with Section 5300 to be located at all entrances to the multifamily development and in the case of apartment buildings, each building shall be designated by street numbering as determined by the Board of Assessors, and each unit number shall be clearly marked with numerals or letters of no less than six (6) inches in height and be of a clearly visible color. In the case of multifamily developments containing single-family detached dwelling units a permanent marker of engraved granite not greater than six (6) square feet in area shall be placed at the end of the driveway entrance to the multifamily development where it meets the public way and shall contain the diagram of the addresses of the properties as designated by the Board of Assessors. A similar, but smaller, marker shall be placed where the driveway meets the indi 8556. There shall also be at least 15 feet separation between any two structures in the MUD and the areas behind and between all structures shall be clear and accessible to the Town's fire suppression vehicles. 8557. Maximum height shall be 60 feet. 8558. Maximum lot coverage shall be 70 percent for lots within the Mixed Use Overlay District. 8559. Screening - When a Mixed Use Overlay District abuts a residential district, there shall be appropriate screening as approved by the Planning Board between the Mixed Use Overlay District and residential district. 8560. Parking and Curb Cut. Parking and Curb Cut Requirements. Unless as provided below, parking and circulation requirements shall be in accordance with Section 5000 et. seq. of this Bylaw except as described below for Mixed Use Developments: 8561. General - In a MUD adequate off-street parking shall be provided. The Planning Board and the applicant shall have as a goal for the purposes of defining adequate off-street parking, making the most efficient use of the parking facilities to be provided and minimizing the area of land to be paved for this purpose. In implementing this goal the Board shall consider complimentary or shared use of parking areas by activities having different peak demand times, and the applicant shall locate adjacent uses in such a manner as will facilitate the complementary use of such parking areas. Implementation of such complementary use of parking areas may result in permitted reductions in the parking requirements. 8562. Parking Locations - Parking may be provided at ground level, underground or in a parking garage. Parking garages can be free standing or as part of buildings dedicated to other permitted uses. 8563. Parking at Buildings - Parking shall be primarily located at the rear, side or under buildings. 8564. Parking Spaces for Each Dwelling Unit - There shall be a minimum of 1.5 parking spaces for each dwelling unit. 8565. Granting of Relief from Parking Regulations - The Planning Board may waive any of the foregoing requirements or the requirements of Section What is the minimum lot size for each zoning district? Instructions: Format the answer to the question as 'District Name' : integer. Only provide one integer for each district and list districts in a numbered list. For example, we would reformat '1. District 1: Lot area minimum 12,000 square feet 2. District 2: Lot area minimum 5,000 square feet (3,000 square feet for legacy units)' as '1. District 1: 12000 2. District 2: 5000' [/INST] RR: 80,000 TR:80,000 RCR: 80,000 SR: 40,000 UR: 40,000 C: None I: None" "[INST] Context: ndicated. E. Where the district boundary is indicated as approximately perpendicular to a street line, it is either perpendicular or radial unless marked otherwise. F. Where the district boundary is indicated as approximately following a stream, it is the center line of the stream. G. Where no other means of determination are possible, boundaries shall be determined by use of the scale on the Zoning Map. 2.4 Lots in Two Districts Where a district boundary zoning line divides any lot existing at the time such line is adopted, the zoning regulations applicable to each portion of the divided lot shall extend not more than thirty feet into the other portion of the same divided lot. 2.5 Lot Requirements 2.5.1 Lot Size and Shape Except as may be authorized by exemption, exception, special permit or variance, no lot on which a building is located in any district shall be reduced or changed in size or shape so that the lot fails to conform to the intensity of use schedule, except when a portion of the lot is taken or conveyed for any public purpose. 2.5.1.1 Lot Width The lot width requirement shall be maintained to the rear building line of each lot. (Amended at Annual Town Meeting, 1988) 2.5.2 Buildings, Pads, and Premises No building shall be erected or used or premises used, except in conformity with the Intensity of Use Schedule (Section 2.8) or Section 3.15 (Commercial Interchange District). No more than one principal building shall be erected or used on any one lot in the RA, RB, or RC zoning districts unless part of an approved Cluster Residential Subdivision approved in accordance with Section 2.13.0. Multi-building developments in the RD District or any Commercial or Industrial District (except the CI- Commercial Interchange District, in which use and development is subject to Section 3.15) on a single lot shall be subject to a Development Permit and Site Plan Review as provided in Section 1.3.2 and Section 3.13, and to any other Special Permit or approval required under this By-law. 2.5.3 Yards and Open Space No part of any yard or other open space required for the purpose of complying with the provisions of this By-Law shall be counted as part o ng land located in the same Zoning District, at the time of the adoption of this By-Law, or 2. Is a lot or lots separately described in a deed or record at the time of the adoption of this By-Law, or 3. Is a lot or lots separately shown on any approved subdivision plan notwithstanding the amount of elapsed time since approval of said plan, or 4. Is a lot or lots shown on a plan which does not require Planning Board approval under the subdivision law, provided the plan carries the notation that no such approval is so required, and notwithstanding the amount of elapsed time since the notation was made through vote of the Planning Board. a. Provided that any lot referred to above contains at least 5,000 square feet and in the case of more than one non conforming, undeveloped and contiguous lots in common ownership not protected under Chapter 40A, shall be subject to the provisions of 2.5.5.3. 2.5.5.3 Combined and Replatted Lots Notwithstanding the provision of Section 2.5.5.2. the Board of Appeals, as permit granting authority may require two or more non-conforming, undeveloped and contiguous lots in common ownership to be combined: a. Whenever such combination creates less than one fully conforming lot. b. Whenever such replatting and combination of lots creates a lot in excess of the applicable area and frontage requirements; the combined lots may be replatted into as many fully conforming lots of the required frontage as is practicable without in turn retaining or creating non-conforming lots, provided that if such replat would create or retain one or more non-conforming lot or lots, the combined lots shall be replatted into as many lots as most nearly conform to the applicable frontage requirements; which replat fully utilizes all existing frontage represented through the combination of said lots, and which replat in no case creates a lot with frontage less than 80% of the applicable frontage requirements. c. Whenever lots subject to combination are in common ownership with a building or structure, so much of any such non-conforming lot which is subject to the requirements of combination shall be reserved where ownership of the land involved is the same person or RC District shall apply to residential uses permitted in the CB District. c. Within the area formed by the lines of intersection streets and a line joining points of such lines twenty feet distant from their point of intersection, or in the case of a rounded corner, from the point of intersection of their tangents, no structure and no foliage shall be maintained between a height of three and one-half feet and six feet above the pavement grade. d. Corner lot shall maintain front yard requirements for each street frontage. e. Required in front yard. (Amended ATM, 1988) f. Area used for outdoor storage must be added to building coverage for intensity of use percentage. g. Ten percent required front yard. (Amended at Annual Town Meeting, 1988) h. See section 3.17 Adult Entertainment District. i. No building footprint may exceed 45,000 square feet without a special permit from the Planning Board. j. A lot which contains a non-residential use that abuts a Residential A, Residential B, Residential C, and Residential D zoning district or residential use shall contain a buffer area equal to the set back requirements for that district. The buffer area shall consist of trees, shrubs, vegetation and topographic features sufficient to separate and visually screen the use from abutting properties in any residential district or use. The following shall not be considered non- residential uses: lawful and permitted accessory uses to a residential use, home occupations and utilities. 2.7 Use Regulations 2.7.1 General Provisions No structure shall be erected, altered, or used and no premises shall be used except as set forth in the ""Use Regulations Schedule."" Construction or operations under a permit or special permit shall conform to any subsequent amendment to this bylaw unless the use or construction is commenced within six months after the issuance of such permits. 2.7.2 Prohibited Activities Land clearing, excavation, gravel removal, or clear cutting of trees in a val required under this By-law. 2.5.3 Yards and Open Space No part of any yard or other open space required for the purpose of complying with the provisions of this By-Law shall be counted as part of a yard or other open space required for a building on another lot, except in the case of integrated developments in the CI District. Integrated developments in the CI District that are located on more than one lot shall be considered to be on one lot, and separate yards shall not be required for interior lot lines."" (Amended S.T.M. 11/17/97) 2.5.4 Accessory Building No accessory building or structure, except a permitted sign or a temporary roadside stand, shall be located within a required front or side yard or nearer to the rear lot line than 10 feet, except that on lots of less than 10,000 square feet, accessory buildings may be placed within 3 feet of a side or rear line. 2.5.5 Exceptions to Lot Requirements 2.5.5.1 Waiver of Strict Compliance The Board of Appeals, as permit granting authority, may waive strict compliance with applicable requirements as follows: a. Lot frontage: providing at least 80% of the applicable requirement is met and the full required lot width is available at the building line. b. Side yard and rear yard: providing such waiver does not reduce conformity below 80% of the applicable requirements of the district in which the lot is located. c. Parking: providing such waiver does not reduce conformity below 80% of the applicable requirements of the district. The Board of Appeals shall affirmatively find that such waiver shall not in any substantial sense be detrimental and depreciate property values in the immediate neighborhood. 2.5.5.2 Exemptions from Frontage and Area Requirements In any zoning district, a lot or lots having less than the applicable square footage or frontage requirements, or both, shall be exempt from either or both requirements aforestated if said lot or lots: 1. Is a lot in ownership separate from that of adjoining land located in the same Zoning District, at the time of the adoption of this By-Law, or 2. Is a lot or lots separately described in a deed or record at the time of the adoption of this By-Law, or ale approved by the Board. (1"" = 200', 400', 1000'). The Board may waive the site plan, in whole or in part, or may require additional information, as appropriate. The general purpose of a site plan is to assure proper drainage, safe access and egress, adequate parking, loading areas, signs, landscaping, screening, and consideration of the needs of abutting landowners. Information relating to the following existing features may be indicated on separate or combined plans: Natural and man-made features, wetlands, wetland district boundaries, roads-public and private ways, driveways, means of access, parking area, natural and landscaped vegetation, water courses, dwellings and other structures, location of public water mains and hydrants, location of public sewerage facilities, and location of public utilities. Proposed uses shall be indicated also, including all new structures, changes in topography, landscaping, roads and ways, parking and loading facilities, water and sewerage facilities, and such other information necessary to fully describe the proposal. A.Narrative Report is suggested to explain features shown on site plans. Such a report is recommended to explain the proposed conditions on completion of the development and should address the following issues. a. Compliance with the zoning by-law. (Present and proposed future uses shall be identified as permitted or authorized by special permit.) b. Protection of adjoining premises from detrimental effects from the uses of special permits. c. Vehicular and pedestrian movement. (The present location, width, grades, drainage, driveways, as proposed must be considered. There may be changes in the direction of traffic flow.) d. Arrangement of structures. (Buildings, towers, and signs must be considered in view of light, air, solar orientation, open space.) e. Pa What is the minimum lot size for each zoning district? Instructions: Format the answer to the question as 'District Name' : integer. Only provide one integer for each district and list districts in a numbered list. For example, we would reformat '1. District 1: Lot area minimum 12,000 square feet 2. District 2: Lot area minimum 5,000 square feet (3,000 square feet for legacy units)' as '1. District 1: 12000 2. District 2: 5000' [/INST] I don’t know. " "[INST] Context: aining storage, processing, manufacturing, or other operations which border other districts or which are visible from major highways, overpasses or thoroughfares passing through, or adjacent to the district shall be visibly screened by substantial walls, fences or vegetation screening at least eight (8) feet high; 2) Wrecking and salvage yards for the storage, processing, reduction, display, or sales of junk, scrap, salvage, second-hand materials, or by-products, provided however that such uses which border other districts or are visible from major highways, overpasses, or thoroughfares passing through or adjacent to the district shall be visually screened by substantial walls, fences, or vegetative material at least eight (8) feet high; 3) Gravel pits and other extractive industries, subject to regulations under section 301; 4) Concrete mixing plants, asphalt plants. E) Prohibited Uses. 1) Any use which emits strong odors, or dust particles, or smoke, or poses danger, such as manufacture of acids, gases, fertilizers, glue, petroleum refining, reduction of animal matter, manufacture of cement, gypsum, or explosives; 2) Any other use dangerous to persons within or outside the district by reason of emission or odor, fames, gases, particulate matter, smoke, noise, vibration, glue, radiation, electrical interference, threat of fire or explosion, or any other reason. F) Dimensional and Intensity Requirements. See Table 5. 1) 400' Lot width with 500' front yard including 150' front yard natural buffer is required on numbered routes or highways except where reverse frontage is employed so that buildings are accessed off of service roads and a 150' natural buffer strip is retained adjacent to the numbered route or highway. Where Ll Districts about residential districts, a 150' buffer must be preserved. Development within a lot shall include areas along the lot lines to be in the form of new or existing grass, trees, and/or planting areas which afford a vegetative buffer 10' minimum in width along the lot lines of maximum development density of the entire subdivision shall not exceed 1 dwelling unit per 120,000 square feet of land area. Lots lawfully laid out by plan or recorded deed prior to November 14, 1995 shall not be subject to the 120,000 square foot per lot density requirement. Notwithstanding the above, the required lot area can be reduced to not less than 60,000 square feet in the Rural Residential District providing the following requirements are met: C) The lot is being divided into not more than three (3) lots; D) Said division occurs prior to November 13, 2000. * Yards to be left in a natural state except for access roads. Table 5 continue District,Intent of District,Allowed Uses,Special Permit Uses,Prohibited Uses,Minimum Lot Size Dimensions,Minimum Lot Yard,Min Side Yard,Min Front Yard,Min Rear Max,Max Lot Coverage/ FAR,Max Height 401.06 R-20SL Small Lot Res.,""To provide areas where smaller lots of ample size may be available, consistent with the size and character of existing nearby lots."",All uses allowed in R-40,""Same as R-25 Reduction of lot size to 15,000 SF in Village Density Development."",Same as R-40,""20,000 SF 15,000 SF by special permit Two-family: 30,000 SF Cluster: 15 000 SF"",Width 90' Depth 150' 75' width by special permit,""15"""" single 35' Total variable by special"",30' Min permit,30',25%//NA,3 Stories 35 Feet """"""Intensity"",requirements of the RR District available,as of right; dimensional,and intensity requirements,specified herein,are available by special,permit pursuant to,Adequate Facility,conditions,or by,""exemption."""""", 401.07 R-20MD Medium Density Res.,To provide areas in which medium density multifamily homes may be built. To insure a high quality residential environment through rigorous standards and adequate review.,All uses allowed in R-20SL,""Same as R-25, except reduction of lot to 15,000 SF in Village Density Development."",Same as R-40,""20,000 SF Two-family: 30,000 SF Cluster: 15,000"",Width 90' Depth 150',15' single 35' Total vari MINIMUM AREA District,Minimum Area,Minimum Frontage RR,250 acres,200 feet R-40,100 acres,150 feet R-25,40 acres,110 feet Other dimensional requirements for a single-family dwelling or an NR use within an RD as follows: Min.Lot Size,Min.Lot Width,Min.Front Yard,Min.Side Yard,Min.Rear Yard ""6,000"",60',20',10',10' Other dimensional requirements for a single-family dwelling or all NR use within an RD as follows: Other dimensional requirements for multi-family structures shall be governed by the provisions of Section 401.08, except that no more than twenty-five percent (25%) of the units within an RD may be multi-family, and all such units must be of a townhouse type with separate entrances and with a maximum of eight (8) attached units per building. In calculating intensity of use and allocation of recreational areas, the following standards shall be used: 1. NR uses shall be subtracted from the. total land area before calculating residential densities. 2. Land or water areas contained in flood hazard areas designated as Zones A, A1-30, and B as defined in Section 401.08B shall be subtracted from the total land area before calculating densities. 3. Areas which are considered by the Planning Board as marginal or unsuitable for building such as Flood Plains, inaccessible wetlands and water areas, steep slopes (25 % or greater), highly erodible or poorly drained areas, areas of very shallow bedrock or of very high water table shall, as a general rule, be included in the recreational area. 4. Roads should be subtracted from total area in determining not densities. For preliminary and general planning purposes, roads may be established as fifteen (15 %) percent of total area. For definitive plans, all lot sizes and densities as specified herein shall be net figures with rights-of-way for streets figured exactly. In calculating intensity of use and allocation of recreational areas, the following standards shall be used: 5. Except when the provisions of Transfer of Development Rights are utilized, the total number of dwelling units in an RD shall be no gr Table 6 - Lot Requirements with Special Permit ,,TABLE,6, Width,Front Yard,,Side Yards, ,,TOTAL,MAJOR,MINOR 75' Min.,10' Min.,28' Min.,20' Min. Exclusive of Driveway,3' Min. Recom. 6' Max.w/out Driveway; 14' Recom. max. With Driveway 2) Front yard depth. On Minor Streets or other streets whose pavement width is at least twenty-six (26) feet, which have curbing unlikely to be widened in the future, the minimum yard requirements may be altered as stated herein. Such setbacks shall be allowed only when appropriate in relationship to other setbacks on the street and to the general character of the area, as determined by the Board of Appeals. The requirements of Section 300.08 shall be followed to create a variety in the setbacks along the street. 3) Side yard requirements. The principle structure should normally be sited so that one side yard is of minimum width and the other is thereby made larger and more useable. The major side yard shall normally be at least twenty (20) feet wide. The minor side yard should not be less than three (3) feet and should normally be no larger than six (6) feet, unless it accommodates a driveway, in which case it should be no wider that fourteen (14) feet. The width of side yards and their relationship to principle structures on the lot and to yards and structures on adjacent lots should be varied along the street. The width of side yards should be carefully considered in relation to the depth of the front yard, placement of the driveway, placement of permanent walls and accessory structures, if any trees and other major plantings, the topography, side yards and front yards on adjacent lots, and distances between structures on adjacent lots. These relationships should be varied from lot to lot along the street and shall not be the same for more than three contiguous lots. Where appropriate, accessory buildings of approved design and construction may be placed within four (4) feet of side lot line, provided that such structures shall not violate any requirements controlling distances between buildings, or shall any such structure be placed to cause any structure subsequently built on any adjacent lot not to comply with the intent of this section. 4) Distances between buildings on adjacent lots. No part of any structure shall be within sixteen (16) feet of any part of another structure on another lot and no part of any principle residential structure shall be within twenty-one (21) feet of any other principle residential structure. In addition, each wall of every building shall have a yard space in the shape of an isosceles triangle whose base shall be a straight line connecting the extreme ends of the wall and whose altitude (depth of yard) shall be equal to the length of the wall multiplied by one of the following factors: Table #1 Lot Standards for Development Abutting Streets LOT STANDARDS FOR DEVELOPMENT ABUTTING STREETS: ,,Minor,Street,Collector,Street,Major,Street,Scenic,Street Zone,Minimum Lot Depth,Lot Width,Min. Setback,Lot Width,Min. Setback,Lot Width,Min. Setback,Lot Width,Min. Setback RR,200,200 wooded,70,200 wooded 150 if reversed frontage,100,**200 wooded 150 if reversed frontage,120,200 150 if reversed frontage,120 R-40,200,150,50,170 130 if reversed frontage,75,200 130 if reversed frontage,100,200 150 if reversed frontage,120 R-25,175,110,35,150 90 if reversed frontage,60,200 90 if reversed frontage,100,200 150 if reversed frontage,120 R-20SL R-20MD R-20MF,150,90,30,150 85 if reversed frontage,60,175 85 if reversed frontage,100,175 125 if reversed frontage,100 * Revised 1986 A minimum width of 500 feet is required for lots: *Revised 1986 **A minimum width of 500 feet is required for lots: A. Located in the Rural Residential (RR) Zone, AND B. Having frontage on a Major Street, AND C. Located on a State numbered Arterial Route as designated on the Zoning Map, AND D. Located on or within 1,000 feet of Major Street road grades excess of 5 percent. What is the minimum lot size for each zoning district? Instructions: Format the answer to the question as 'District Name' : integer. Only provide one integer for each district and list districts in a numbered list. For example, we would reformat '1. District 1: Lot area minimum 12,000 square feet 2. District 2: Lot area minimum 5,000 square feet (3,000 square feet for legacy units)' as '1. District 1: 12000 2. District 2: 5000' [/INST] R-20SL: 20,000 R-20MD: 20,000" "[INST] Context: ARTICLE V. Building, Lot and General District Regulations § 415-22. Building and lot regulations. [Amended 6-6-1994 ATM, Art. 80; 5-20-1996 ATM, Art. 44; 5-19-1997 ATM, Art. 64; 5-13-2002 ATM, Arts. 24, 36 and 43; 5-12-2003 ATM, Arts. 8 and 50] The following table sets forth building controls and regulations for each zoning district. The subsections which follow the table establish specific regulations for yards, accessory structures, building height, landscaping and land alteration. Minimum Yard Dimensions (feet) District,Mini- mum Lot Area (square feet),""Maxi- mum No. of Dwell- ing Units per 32,670 Square Feet"",Maxi- mum Building Average % of Lot,Maxi- mum Height (stories/ feet),Front,Rear,Side R-1,""32,670"",1,25,2.5/30,25,50,15 R-2,""32,670"",1,30,2.5/30,25,50,15 R-3,""32,670"",2,35,3.0/36,25,50,15 R-4,""32,670"",4,40,3.0/36,25,50,15 RSH-1,""32,670"",4,40,3.0/36,25,50,15 B-1,-,8,80,3.0/36,-,*,* B-2,-,8,80,3.0/36,20,30,30 I-1,-,-,50,3.0/36,50,30**,30** I-2,-,-,50,3.0/36,50,30**,30** I-3,-,-,50,3.0/36,50,30**,30** I-4,-,-,50,3.0/36,25,30**,30** H-1,-,-,50,3.0/36,50,30**,30** NOTES: * The minimum yard dimension abutting any residential district shall be 30 feet. ** 50 feet if the abutting land is within any residential district. A. Parking/access and egress requirements. (1) All parking spaces as required by this bylaw shall be a minimum of 10 feet in width by 20 feet in length for full size vehicles; and nine feet in width by 18 feet in length for compact vehicles. The ratio shall be 30% compact vehicles to 70% full size vehicles spaces. All parking spaces shall have a back-up area no less than 23 feet. (2) All parking areas, loading areas and areas used for access, egress or on-site circulation shall meet the following landscape requirements. (a) In all Residential Zones, all parking areas, loading areas and areas used for access, egress or onsite circulation shall be set back a minimum of 10 feet from any property line and the ten-foot set back shall be properly landscaped and maintained. (b) In the Business 1 District, all parking areas, loading areas and areas used for ac ses within 12 months of damage or destruction. E. Abandonment. All non-conforming uses which have been abandoned or discontinued for more than two years shall not be reestablished and any future use shall be in conformity with the provisions of this bylaw, except in the case of agricultural, horticultural, or floricultural uses where such non-use may exist for a period of five consecutive years. F. Changes. Once changed to a conforming use, no structure or land shall be permitted to revert to a non-conforming use. § 415-25. Corner lots; clear sight line. At all street intersections, no obstruction to vision (other than existing structures, posts, or trees) exceeding 30 inches in height above the established grade of the street at the property line, shall be erected on any lot within the triangle formed by the street lot lines and a line connecting these lines 20 feet from the point of street intersection. § 415-26. Lot size reduction. A. The area or dimension of any lot shall not be reduced to less than the minimum required according to this bylaw. B. If a lot is already less than the minimum required by this bylaw, the area and/or dimension may be continued but shall not be further reduced. § 415-27. Lot width. A. Minimum lot widths in residence, business and industrial districts shall be as follows: District,Minimum Width (feet) R-1,110 R-2,110 R-3,110 R-4,110 RSH-1,""110 [Added 5-12-2003 ATM, Art. 8]"" B-1,110 B-2,110 I-1,110 I-2,110 I-3,""110 [Added 6-6-1994 ATM, Art. 80]"" I-4,""110 [Added 5-19-1997 ATM, Art. 64]"" H-1,""110 [Added 5-5-2008 ATM, Art. 42]"" B. The minimum lot width of any lot shall be measured along the way on which the lot fronts at the required minimum setback for the district in which the lot is located. The lot may not be less than 40 feet wide at any point. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held 5/3/10. C. See Retreat Lots at § 415-28. § 415-28. Frontage requirements. A. Minimum required frontage for lots located in residence, business, and industrial districts shall be a eexisting lots. [Amended 5-14-2001 ATM, Art. 47; 5-13-2002 ATM, Art. 23] With respect to any lot in existence prior to the original enactment of the Zoning Bylaws of the Town of Rockland which has less than 110 feet of frontage, the minimum side yard requirement may be reduced by one foot for every 10 feet that the frontage is less than 110 feet, but in no instance shall any side yard be less than eight feet. § 415-35. Off-street parking requirements. The following off-street parking facilities shall be provided: A. Residential uses. (1) Dwellings (general): at least 2.0 spaces for each Single-Family Residence, and at least 3.0 spaces for each dwelling unit in a Two-Family Residence or Multi-Family Residence. [Amended 5-5-2008 ATM, Art. 55] (2) Dwellings for the elderly: at least one space for each dwelling unit in the building. (3) Nursing/rest home: at least one space for every four beds and one space for every two employees. (4) Boarding house: at least one space for each unit. B. Business uses. (1) Retail stores: at least one space for each 300 square feet of sales floor area and one space for every two employees. (2) Restaurants and other eating establishments: at least one space for every two seats and one space for every two employees. Requirements for fast-food type establishments shall be determined by the Planning Board for each individual submission. (3) Professional offices: at least one space for each 100 square feet of occupied floor area and one space for every two employees. (4) Private club: at least one space for every 10 members and one space for every two employees. (5) Hotel/motel: at least one space for each unit and one space for every two employees. (6) Funeral home: at least 10 spaces for each 600 square feet of floor area used for professional service and one space for every two employees. (7) Theaters: at least one space for every three seats and 1.5 spaces for every two employees. (8) Wholesale establishments: floor area used for professional service and one space for every two employees. (7) Theaters: at least one space for every three seats and 1.5 spaces for every two employees. (8) Wholesale establishments: at least one space for each 600 square feet of sales floor area and one space for every two employees. (9) Multi-family residences in Zoning District B (Business): at least 1.5 spaces for each dwelling unit to be located within 600 feet of the building, including spaces in public parking areas. C. Industrial uses. (1) Automobile service station: at least five spaces. (2) Industrial uses (general): at least one space for every two employees, one space for each vehicle generally based on premises and adequate space for visitors. These standards may be revised as per prevailing circumstances as deemed necessary by the Board of Appeals. D. Public uses. (1) Church or other place of worship: at least one space for every 12 seats, one space for every church official, and one space for every two employees. These requirements are subject to review by the Board of Appeals provided that non-conflicting parking facilities are available within 300 feet of the church. (2) Hospital: at least one space for every two beds, one space for every staff member and one space for every 10 daily visitors. (3) Medical or dental clinic: at least four spaces for each professional and one space for every employee. (4) Elementary, junior and senior high schools: at least 1.5 spaces per classroom and one space for every non-professional employee. (5) Library: at least one space for every five seats. E. Other uses. Sports arena, skating rink, or other similar establishment: at least one space for each 60 square feet of floor area (if no fixed seats) or one space for every four seats and one space for every employee or administrator. F. Overnight parking. [Amended 5-13-2002 ATM, Art. 41] (1) The overnight parking of a commercial vehicle in any Residential District, is on back a minimum of 10 feet from any property line and the ten-foot set back shall be properly landscaped and maintained. (b) In the Business 1 District, all parking areas, loading areas and areas used for access, egress or onsite circulation shall be set back a minimum of 10 feet from any property line and the ten-foot set back shall be properly landscaped and maintained. The parking requirement for the Business 1 District maybe met in whole or in part by off-site parking upon the issuance of a Special Permit by the Zoning Board of Appeals. (c) In the Business 2 District all parking areas, loading areas and areas used for access, egress or onsite circulation shall be set back a minimum of the 10 feet from any property line and the ten-foot set back shall be properly landscaped and maintained. Further, the front property line shall have a twenty-foot landscaped buffer zone along the entire width of the front lot line with the exception only of sidewalks and driveways. (d) In all Industrial Districts, which do not abut any Residential District, all parking areas, loading areas and areas used for access, egress or onsite circulation shall be set back a minimum of 10 feet from any property line and the ten-foot setback back shall be properly landscaped and maintained. (e) In all Industrial Districts which abut any Residential District all parking areas, loading areas and areas used for access, egress or onsite circulation shall be set back a minimum of 30 feet from any property line and the thirty-foot set back shall remain unaltered and in a state of natural vegetation. B. Yard regulations. (1) Obstruction to sky. Every part of a required yard must be open to the sky, unobstructed except for accessory buildings in the rear or side yards, and except for the normal projection of porches, balconies, steps, sills and cornices. (2) Side yard of corner lot. Any corner lot shall have a side yard equal in width to the minimum front yard requirement of any adjoining lot fronting on the side street. The minimum side yard setback shall be 10 feet. (3) Transition yard requirements. (a) Front yar What is the minimum lot size for each zoning district? Instructions: Format the answer to the question as 'District Name' : integer. Only provide one integer for each district and list districts in a numbered list. For example, we would reformat '1. District 1: Lot area minimum 12,000 square feet 2. District 2: Lot area minimum 5,000 square feet (3,000 square feet for legacy units)' as '1. District 1: 12000 2. District 2: 5000' [/INST] Sure! Based on the table provided, here are the minimum lot sizes for each zoning district listed: R-1 - 32,670 square feet R-2 - 32,670 square feet R-3 - 32,670 square feet R-4 - 32,670 square feet RSH-1 - 40,000 square feet B-1 - N/A B-2 - N/A I-1 - N/A I-2 - N/A I-3 - N/A I-4 - N/A H-1 - N/A " "[INST] Context: 6.0 INTENSITY OF LAND USE 6.1 Single Family and Non-Residential Uses 6.1.1 Lot Area and Frontage 6.1.1.1 Except as provided by section 6.1.1.2, each principal building or structure for non-residential use and each single family dwelling shall be located on a lot in conformance with the following requirements: (a) In the Central District, at least thirty thousand (30,000) square feet of area and one hundred and twenty-five (125) feet of frontage are required. (b) In the Residential District, the Outlying District, and the Coastal Conservation District, at least sixty thousand (60,000) square feet of area and one hundred and fifty (150) feet of frontage are required. (c) In the case of a corner lot, the required frontage need be provided only on one street, and shall be measured from the side lot line to the point of tangency of the required corner radius. 6.1.1.2 The requirements of section 6.1.1.1 are subject to the following exceptions: (a) A single family dwelling may be located on a reduced frontage lot, if the Planning Board determines (by a majority vote, and in conjunction with its review of an ""Approval Not Required"" or Definitive Subdivision Plan) that the lot meets the following requirements: (i) the lot is located in the Central District, the Residential District, the Outlying District, or the Coastal Conservation District; (ii) the lot has at least fifty (50) feet of frontage; (iii) the lot width at all points between the street line that provides the lot with frontage and the proposed building site equals or exceeds fifty (50) feet; (iv) the area of the lot is at least one hundred and eighty thousand (180,000) square feet, for lots located in the Residential District, the Outlying District, and the Coastal Conservation District, and ninety thousand (90,000) square feet, for lots located in the Central District; (v) the lot does not have contiguous street frontage with another reduced frontage lot that was held in common ownership with such lot on or after January 16, 2003; and (vi) if a rming use is proposed, the total floor area of all buildings associated with the non- conforming use, and the parking or loading capacity of such use, may not be increased by more than twenty-five percent (25%), as measured from the date on which the original non-conforming use became non-conforming (where multiple non-conforming uses are located on a lot, the calculations required by this paragraph shall be made in the aggregate); (d) if a non-conforming use has been changed to a more restrictive non- conforming use (in terms of such factors as intensity of use, parking or loading capacity, or hours of operation), it may not thereafter be changed to a less restrictive non-conforming use ; and (e) if a non-conforming use has been changed to a conforming use, it may not thereafter be changed to a non-conforming use. 5.3 Effect of Zoning Change 5.3.1 Any increase in area, frontage, width, yard, or depth requirements of this Bylaw shall not apply to a lot for single or two-family residential use, which at the time of recording or endorsement, whichever occurred sooner, was not held in common ownership with any adjoining land, conformed to then existing requirements and has less than current requirements, but at least five thousand (5000) square feet of area and fifty (50) feet of frontage, as provided in M.G.L., Ch. 40A, § 6. 5.3.2 Any increase in area, frontage, width, yard, or depth requirements of this Bylaw shall not apply for a period of five (5) years from its effective date to a lot for single or two-family residential use, provided the plan for such lot was recorded or endorsed and such lot was held in common ownership with any adjoining land and conformed to the existing zoning requirements as of January 1, 1976, and had less area, frontage, width, yard or depth requirements than the newly effective zoning requirements, but contained at least seven thousand five hundred (7500) square feet of area and seventy-five (75) feet of frontage, and provided further that the provisions of this section 5.3.2 shall not apply to more than three of such adjoining lots held in common ownership. 5.3.3 Construction or operations under a building or special permit shall confor lifies under section 6.1.1.2(a) or (b) for an exception to the applicable frontage requirement established by section 6.1.1.1. 6.1.3 Yard Area 6.1.3.1 In all districts, except the Retail District or the Business/Light Industry District, nothing other than fences, walks, public and private utilities and utility lines, septic systems, water supplies, and driveways shall be built on any lot nearer than fifty (50) feet to street lines and fifteen (15) feet to other lot lines, except with permission of the Board of Appeals which will take into consideration the alignment of existing adjacent structures. 6.1.3.2 Minimum Setback Areas in the Retail District or the Business/Light Industry District. 6.1.3.2.1 Except as permitted by Section 6.1.3.2.4, nothing shall be built or installed on any lot in the Retail District or the Business/Light Industry District within the minimum setback area (MSA) measured from street lines and other non-street, lot lines. 6.1.3.2.2 The MSA measured from street lines shall be calculated as follows: (a) for buildings which do not exceed one hundred and fifty (150) feet in length on the side facing the street, the MSA shall be fifty (50) feet from the street line; (b) for buildings which exceed one hundred and fifty (150) feet in length on the side facing the street, the MSA shall be equal to the length of the building on the side facing the street divided by three (3); and (c), for buildings that are stepped back from the street one or more times, separate MSAs shall be calculated, using the criteria stated above, for the length of the building closest to the street, and for each length of the building stepped back from the street. 6.1.3.2.3 The MSA measured from non-street, lot lines shall be fifteen (15) feet. 6.1.3.2.4 The provisions of Section 6.1.3.2.1 are subject to the following exceptions: (a) fences, walks, utilities, utility lines, septic systems, water supplies, and signs may be built or installed in an MSA; (b) parking spaces may be located within an MSA measured f o the following exceptions: (a) fences, walks, utilities, utility lines, septic systems, water supplies, and signs may be built or installed in an MSA; (b) parking spaces may be located within an MSA measured from a street line, provided that in no event will parking spaces be allowed within fifty (50) feet of the street line, or within a distance from the street line of one-half (1/2) of the MSA calculated for that street line, whichever distance is greater; and (c) a site access road may be built across an MSA measured from a street line, except that, within the distance described by Section 6.1.3.2.4 (b) above, the site access road shall run perpendicular, or nearly perpendicular, to the setback line; a site access road may not, within this distance, serve as a portion of a perimeter road running adjacent or parallel to the structure. 6.1.4 Floor Area 6.1.4.1 For each unit for rent in a hotel, inn, motel, tourist home or lodging house there shall be a minimum of one hundred and sixty (160) square feet for single occupancy plus sixty (60) square feet for each additional person occupying the unit. 6.1.4.2 The restrictions of this section shall not apply to any dwelling in existence in the Town at the time of the adoption of this Bylaw. 6.1.5 Lot Coverage 6.1.5.1 In the Retail District or the Business/Light Industry District, no more than fifty (50) percent of any lot or area shown on the site plan shall be covered by structures or impervious surfaces. 6.1.5.2 In all districts, the maximum building lot coverage for all new construction, alteration, enlargement, or reconstruction for all structures on any lot shall not exceed twenty-five (25) percent of the total lot area. 6.2 Multi-Family Dwellings 6.2.1 Applicability 6.2.1.1 Multi-family dwellings are authorized by this section in the Central District or the Residential District as follows: (a) a development creating fewer than five (5) multi-family dwelling units is authorized, subject to the requirements of this section, and pr y to the lines of such water course, drainage way, channel or stream and to provide for construction or other necessary purposes. In no case shall the width be less than twenty (20) feet or the side slope be steeper than two (2) horizontal on one (1) vertical. 4.3.3. Access easements or parcels to adjacent property shall be provided, if required by the Board, for use by emergency vehicles and for the benefit of the Town. They shall be a minimum width of twenty (20) feet. 4.3.4. Wherever possible easements along rear lot lines shall be continuous to the street at the end of the block to connect with the adjoining blocks in the shortest direct line. 4.4 Open Space 4.4.1. Before approval of a plan, the Board may also, in proper cases, require the plan to show a park or parks, suitably located for playground or recreation purposes or for providing light and air. The park or parks shall be reasonable in area in the opinion of the Planning Board, in relation to the land being subdivided and to the prospective uses of such land, and shall be at least equal to one (1) acre of land for each twenty (20) single family dwelling units or fraction thereof shown on the plan. The area shall be equal to three (3) times the floor area of all other dwelling units, and ten (10) percent of the land area for all non-residential subdivisions. The Board may, by appropriate endorsement on the plan, require that no building be erected upon such park or parks without its approval for a period of three (3) years. Each area reserved for such purpose shall be of suitable area, dimensions, topography and natural character for the purposes of a park and/or playground. The area or areas shall be so located as to serve adequately all parts of the subdivision as approved by the Board. The Board may require that the area or areas reserved shall be located and laid out so as to be used in conjunction with similar areas of adjoining subdivisions or of probable subdivisions. Any land so reserved shall be graded to dispose properly of surface water and shall be left in condition for the purpose intended, as required by the Board. Land acquired in this manner shall be com What is the minimum lot size for each zoning district? Instructions: Format the answer to the question as 'District Name' : integer. Only provide one integer for each district and list districts in a numbered list. For example, we would reformat '1. District 1: Lot area minimum 12,000 square feet 2. District 2: Lot area minimum 5,000 square feet (3,000 square feet for legacy units)' as '1. District 1: 12000 2. District 2: 5000' [/INST] Central District : 30000 Residential District : 60000 Outlying District : 60000 Coastal Conservation District : 60000" "[INST] Context: ARTICLE IV. APPLICATION OF DISTRICT REGULATIONS Sec. 4-1. Minimum regulations; uniform applicability. Except as hereinafter provided, the regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly: (1) No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all the regulations herein specified for the district in which it is located. (2) No building or other structure shall hereafter be erected or altered: a. To exceed the height; b. To accommodate or house a greater number of families; c. To occupy a greater percentage of lot area; d. To have narrower or smaller front yards, side yards, rear yards or other open spaces; than herein specified for the district in which it is located or in any other manner contrary to the provisions of this ordinance. (3) No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purposes of complying with this ordinance shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building. (4) No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance. ated. (4) Minimum lot frontage. To preserve and protect the value of properties adjacent to a proposed planned unit development district and to provide for an orderly and uniform transition, lots which will be adjacent or across the street from existing residential developments shall be required to provide an amount of street frontage not less than that of existing lots but not greater than minimum ordinance requirements for the zone in which they are located. (5) Minimum lot size. Residential lot sizes in a planned unit development district may be reduced below the minimum standards required by the zoning ordinance. As a prerequisite, the developer shall demonstrate that there is a reasonable relationship between the proposed lot size and the usable and accessible open area within the total development. An individual lot shall be large enough to provide for private open space associated with the living accommodations. (d) Any petition filed for a planned unit development under this section shall be accompanied by five (5) copies of a site plan, which shall be at a scale to be established by the planning board and shall include five (5) copies of all the information required for a definitive plan under section III B of the subdivision regulations of the planning board of the City of Salem, and such petition shall also be accompanied by five (5) copies of an environmental impact statement as set out in Appendix A of the subdivision regulations of the planning board of the City of Salem. (e) The planning board shall, within seven (7) days after receipt of said application, transmit one (1) copy of said application and plan to the inspector of buildings, city engineer, board of health and conservation commission, who may at their discretion investigate the application and report in writing their recommendations to the planning board. The planning board shall not take final action on such plan until it has received a report thereon from the inspector of buildings, city engineer, board of health and conservation commiss ARTICLE VI. DENSITY REGULATIONS Sec. 6-1. Residential uses. (a) A dwelling hereafter erected in any district shall be located on a lot having not less than the minimum requirements set forth in Table I following section 6-4, and no more than one (1) dwelling shall be built upon any such lot. No existing lot shall be changed in size or shape so as to result in a violation of the requirements set forth in Table I. (b) In interpreting Table I, the following provisions shall apply: (1) The minimum front yard depth required shall be measured from the right-of-way line where a plan of the right-of-way is on file with the registry of deeds, or in the absence of such a plan, from a line thirty-five (35) feet from and parallel with the centerline of the traveled way to the front building line. (2) The minimum side yard width required shall be measured from the side lot line to the side building line, and the minimum rear yard depth required shall be measured from the rear lot line to the rear building line. (3) On a corner lot, the minimum front yard depth, rather than the minimum side yard width, shall be applied to determine the setback of any building from lot lines abutting any public way. (4) The minimum lot width required shall be measured at the rear of the required front yard depth and on a line parallel to the right-of-way line where a plan of the right-of-way is on file with the registry of deeds or, in the absence of such a plan, from a line twenty-five (25) feet from and parallel with the centerline of the traveled way. (5) The building height shall be measured from the average elevation of the proposed finished grade at the front line of the building to the highest point of the roof for flat roofs, to the deck line for mansard roofs, and to the mean height between eaves and ridge for gable, hip ed districts after holding a public hearing. k. Notwithstanding anything in these zoning regulations to the contrary, sales of individual dwelling units in multifamily dwellings or otherwise, constituting townhouses, row houses or attached houses or the like, may be made without compliance with the residential density regulations appearing in this ordinance, excepting only that a minimum lot area of each dwelling unit shall be one thousand (1,000) feet. (6) Notwithstanding the ""specifically excluded"" list of uses specified in paragraphs (b) and (c) of this section, certain other uses will be allowed by special permit for certain multifamily complexes. Therefore, multifamily (apartment) buildings and developments complying with the following basic minimum requirements may have the hereinafter permissive special permit uses built and occupied as part of the development: a. The hereinafter listed special permit uses may be built and occupied by a special permit issued by the board of appeals as required by section 9-4 hereof. The basic minimum requirement shall not be changed. If any change in the basic requirement is made, the special permit use shall cease forthwith. The basic requirements are: 1. There shall be a minimum of one hundred fifty (150) dwelling units in the building or buildings. 2. The ownership title to all buildings and all land shall be held in a single ownership, either by a corporation or an individual. 3. All multifamily buildings shall be built and so located that no other type of building except a multifamily dwelling shall occupy any part of the land or development. 4. The area occupied by all businesses permitted by the special permit uses shall be within a multifamily dwelling or may be in an ell or wing, providing the ell is more or less attached to the main building. 5. The areas required for such special permit occupancy shall be predetermined so as to prevent locating such businesses in a haphazard manner. It is the intention of this provision to concentrate the business into one (1) general area to create a ""local business area"" with Subdivision Regulations, Zoning Ordinance and the Wetlands Protection Act. ** Width of grass strip is determined by the eventual street designation by the Planning Board. Grades shall not be more than 6% for principal streets nor more than 10% for secondary streets. Streets laid out at a 6% through 10% slope shall not vary more than +0.3 foot (three tenths of one foot) from the elevations shown on the Definitive Plan. 4. Dead-end Streets a. Dead-end streets shall not be longer than five hundred (500) feet. b. Dead-end streets which do not have the potential for further subdivision shall be provided at the closed end with a turnaround having curb-face to curb-face roadway diameter of at least ninety (90') feet. c. Dead-end streets which have the potential for further subdivision shall contain a T or Hammer Head turnaround 20 feet x 35 feet. B. Easements 1. Easements for utilities across lots or centered on rear or side lot lines shall be provided where necessary and shall be at least twenty (20) feet wide. 2. Where a subdivision is traversed by a water source, drainage way, channel or stream, the Planning Board shall require that there be provided a storm water easement or drainage right-of-way of adequate width to conform substantially to the lines of such water course, drainage way, channel or stream, and to provide for construction or other necessary purposes. C. Open Space Before approval of a plan the Planning Board may also in proper cases require the plan to show a park or parks suitably located for playground or recreation purposes or for providing light and air. The park or parks shall not be unreasonable in area in relation to the land being subdivided and to the prospective uses of such land. The Planning Board shall by appropriate endorsement on the plan require that no building be erected upon such park or parks without its approval for a period of three years after the date of endorseme What is the minimum lot size for each zoning district? Instructions: Format the answer to the question as 'District Name' : integer. Only provide one integer for each district and list districts in a numbered list. For example, we would reformat '1. District 1: Lot area minimum 12,000 square feet 2. District 2: Lot area minimum 5,000 square feet (3,000 square feet for legacy units)' as '1. District 1: 12000 2. District 2: 5000' [/INST] I don’t know. " "[INST] Context: ate income under programs regulated and financially assisted by agencies of the government of the United States or of the Commonwealth of Massachusetts under programs for that purpose. The special permit shall impose appropriate safeguards to ensure continued use of forty percent (40%) or more of the family units for subsidized housing. No special permit shall be issued prior to receipt of such advisory, unless forty-five (45) days have elapsed from the date of submission of the request by the Zoning Board of Appeals. Failure to advise within the time limit shall be deemed a favorable recommendation. 7.5.10 Phasing. Upon authorization of multifamily use by the Zoning Board of Appeals, the Planning Board shall establish an annual limit for the number of dwelling units to be authorized, taking into consideration the town-wide building rate experienced over the previous two (2) years and anticipated over the next half dozen years, the needs which the housing will serve, the ability of the town to provide services in a timely manner and the housing cost and feasibility consequences of the limitation. 7.6 ACCESSORY FAMILY DWELLING UNIT 7.6.1 Purpose. The intent and the purpose of this section is to permit accessory dwelling units in single-family residential districts subject to the standards and procedures here and after set forth. It is also the intent to assure that the single-family character of the neighborhood will be maintained and that the accessory unit remains subordinate to the principal living quarters. 7.6.2 Special Permit. A special permit may be granted for the conversion of, by attachment via common wall or containment within, an existing single-family dwelling only or new construction of the same only to accommodate an additional family living unit in districts where allowed in the Table of Use Regulations, provided that there is compliance with all provisions of this section. 7.6.3 Use Limitations. Such additional family living unit shall be limited to a maximum of four (4) pe use unless approved by the Planning Board. 3. Capacity of any restaurant/snack bar shall not exceed sixty (60) seats unless approved by the Planning Board. 4. Ancillary uses located within a residential structure shall have no exterior advertising display except for signs approved by the Planning Board, with advice from the Inspector of Buildings. 5. No on-site public retail or professional services shall be permitted as primary or ancillary uses within a RA or RB zoning district. 7.4.7 Decision. The Planning Board may impose additional conditions not inconsistent with this or other sections of the Zoning By-Law. 7.5 MULTIFAMILY DWELLINGS 7.5.1 Administration. The Board of Appeals may grant a special permit for the construction and occupancy of multifamily dwellings on any parcel in excess of five (5) contiguous acres in the RM District subject to the following regulations and conditions. 7.5.2 Application. Applicants shall submit to the Board of Appeals five (5) copies of the following: 1. An application. 2. A site plan prepared by a registered architect, landscape architect and civil engineer, showing existing and proposed topography, proposed structures, drives, parking, landscaping and screening, utilities, drainage and reserved open space, if any. 3. A ground floor plan, sections and elevations of all proposed buildings. 4. Materials indicating the proposed number of dwelling units, distinguishing units by number of bedrooms and any special occupancies (elderly or handicapped); form of tenure and subsidies anticipated; rent or sales prices, including any commitments for price ceilings; methods of water supply and sewerage disposal; time schedule for construction of units and improvements; service improvements proposed at the developer's and those anticipated at the town's expense; and means, if any, of providing for design control. 7.5.3 Impact Statement. An analysis of the consequences of the proposed development, shall be submitted, evaluating the following imp red (300) feet or one hundred fifty (150) feet if abutting other premises developed for multifamily use. 3. Front, side and rear yards shall be not less than fifty (50) feet, except that no multifamily structure or parking area serving a multifamily structure shall be less than three hundred (300) feet from any existing public street or less than two hundred (200) feet from any other premises not zoned RM. 4. Within the three-hundred-foot street setback, there shall be no development, except for access drives essentially perpendicular to the street, and no removal of trees having trunk diameter of six (6) inches or greater, except as essential for access and safe visibility for egressing vehicles and to remove unhealthy trees. 5. Required yards abutting a public way and required side and rear yards shall be maintained or landscaped so as to provide a dense planting of trees and shrubs with an effective height of at least six (6) feet. 6. Building height shall not exceed twenty-eight (28) feet. No building shall exceed two (2) stories in height. 7.5.8 Building Design. 1. Each building entrance shall give access to no more than two (2) dwelling units. 2. No floor except an unoccupied basement shall be below grade at its entire perimeter. 3. No structure shall contain more than twelve (12) dwelling units. 7.5.9 Decision. In considering approval of a special permit, the Zoning Board of Appeals shall seek an advisory from the Planning Board or its designated agent on the advisability of reducing lot area to seventy-five percent (75%) of that otherwise required herein for any development sponsored by a public agency, nonprofit, limited dividend organization or cooperative in which forty percent (40%) or more of the dwelling units are to be subsidized for people of low or moderate income under programs regulated and financially assisted by agencies of the government of the United States or of the Commonwealth of Massachusetts under programs for that purpose. The special permit shall t, for review and concurrence by the Planning Board. 3. The total number of dwelling units shall not exceed that allowed by the following formula concurred with by the Planning Board: [Amended 5-5-2010 ATM, Art. 16] USABLE ACRES/MINIMUM LOT AREA = NUMBER OF CONDENSED SIZE LOTS WHERE USABLE ACRES = [TOTAL TRACT ACRES]-[20% EXCLUSION OF TRACT ACRES (streets, walks, easements, etc.)]-[50% TRACT ACRES FOR OPEN SPACE] No structure shall be built or used in a cluster development except in compliance with the use regulations of Section 3.1 [Principal Uses] and with the following dimensional regulations. Minimum Lot Area District,(square feet),Frontage,Front,Side,Rear RA,""15,000"",75,20,10,30 RB,N/A,N/A,N/A,N/A,N/A RM,N/A,N/A,N/A,N/A,N/A 4. Side and rear yard requirements shall apply only where the lot in the cluster development abuts non-cluster adjacent property, elsewhere side and rear yard requirements may be waived by the Planning Board. 5. Larger lot sizes may be required, as determined by the Planning Board with advisory by the Board of Health, where public sewerage is not available, and considering soil conditions, water table and slope conditions. 6. No lot shall have more than ten percent (10%) of its minimum lot area made up of wetlands and slopes greater than twenty-five percent (25%) in grade, singularly or combined. 7. Only single-family dwellings shall be allowed in cluster developments unless provisions of Subsection 7.3.7 are followed. 8. Buildings shall be oriented with respect to scenic vistas, natural landscape features, topography and natural drainage areas in accordance with criteria for site plan review of this 9.4. 9. New dwellings shall be grouped so that fields, pastures, woodlands, and road frontage remain as undeveloped as possible. To serve the purposes of this requirement, subdivision definitive plans shall depict the approximate location line of undisturbed woodlands and other greenery associated with separate building lots. 7.3.5 Open Space. All remain in the Table of Use Regulations, provided that there is compliance with all provisions of this section. 7.6.3 Use Limitations. Such additional family living unit shall be limited to a maximum of four (4) persons, so conditioned, provided, further, that the owner of record is an occupier of the structure which includes the accessory family dwelling unit. No boarders or lodgers shall be allowed in either dwelling unit. There shall be no other living unit on the lot which such accessory unit is to be located. 7.6.4 Disposal of Sewage. Adequate provision shall be made for the disposal of sewage, waste and drainage generated by the occupancy of such accessory unit in accordance with the requirements of the Board of Health. Such determination shall be made prior to the application for a special permit and included with such application. 7.6.5 Ingress; Egress; and Access. Adequate provision, as determined by the Building Inspector, shall be provided for ingress and egress to the outside of each unit separately. To the extent possible, exterior passageways and accessways shall not detract from the single-family appearance of the dwelling. An interior doorway shall be provided between each living unit as a means of access for purposes of supervision and emergency response. All stairways to additional stories shall be enclosed within the exterior walls of the structure. 7.6.6 Required Finding. The Zoning Board of Appeals shall determine that such conversion, new construction and occupancy of each unit shall meet the requirements of this section. 7.6.7 Area Limitation. Such accessory unit shall be limited to a maximum of twenty-five percent (25%) in floor area of the principal residence or eight hundred (800) square feet, whichever is greater, exclusive of any garage, shed or similar structure or other accessory use attached to the dwelling. 7.6.8 Plans. Floor plans of the accessory unit and principal residence, with a certified site plan showing the dwelling on the lot and its relationship to t Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: single family building permit before the Building Inspector in any given month. Building permits shall not be issued to any applicant authorizing the construction of more than six (6) new single family dwelling units (exclusive of unused authorizations that have lapsed or have been withdrawn) in any twelve (12)-month period for any lots that are, as of date of adoption of this bylaw, contiguous or held in the same ownership, unless the Planning Board has granted an exemption from this requirement pursuant to a special permit, as provided in subsection 2.5.8.6. The procedures for issuing the new single family building permits referred to herein shall be as follows: a. Applications for a building permit must be completed and filed. Improperly filed or rejected permits shall not be deducted from the available units to be authorized in any month, will not be included in the chronological sequence described in 2.5.8.4, and will require a new submittal. b. The Building Inspector must process and issue permits for all complete and properly filed permit applications pursuant to this bylaw, in the chronological sequence in which such applications are received. c. To assist the Building Inspector, the Planning Board shall establish procedures. and may adopt reasonable rules and regulations, to ensure. the proper administration of this bylaw and the orderly phasing of residential development associated with building permits for any land subdivided pursuant to the provisions of MGL Chapter 41, the Subdivision Control Law. 2.5.8.5 Exemptions The permit limitation provided in this bylaw shall not apply to building permits for the construction of the following: a. Any housing unit to be built under any program or statute intended to assist in the construction of low or moderate income or elderly housing as defined in any applicable statute or regulation, including Town bylaws. b. Reconstruction of an existing dwelling after catastrophic loss, or repairs, expansion, alteration or historic restoration to an existing dwelling. c. Applications for permits that have nd lots (and the affordable units considered as Local Initiative Program (LIP) dwelling units) or the Zoning Board of Appeals (ZBA) if the project is **Webmasters Note: There is a page missing from the original document and will be inserted upon receipt. affordable units given a particular range of total lots in a subdivision or total units in a multiple unit development. This schedule is given for reference: Affordable Lots / Units Established Total Lots / Units 1 8 to 15 2 16 to 23 3 24 to 31 4 32 to 39 5 40 to 47 6 48 to 55 7 56 to 63 8 64 to 71 and so on... 3. The AHU(s) shall be constructed or rehabilitated on the locus subject to the special permit. 4. The AHU(s) constructed or rehabilitated on a locus different than the one subject to the special permit (see Section 2.5.9.9). 5. an equivalent fees-in-lieu of payment and/or donation of land in fee simple may be made (See Section 2.5.9.12, below). The applicant may offer, and the SPGA may accept, any combination of the Section 2.5.9.5.(3)(5) requirements provided that in no event shall the total number of units or land area provided be less than the equivalent number or value of affordable units required by this Bylaw. 2.5.9.6 Provisions Applicable to AHU's On- and Off-Site 1. Siting of AHU's - All affordable units created under this Bylaw shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units. 2. Minimum design and construction standards for affordable units - AHU's within market rate developments shall be integrated with the rest of the development, shall be externally undistinguishable from the market rate units and compatible construction and quality of materials with other units. 3. Timing of construction or provision of affordable units or lots. The SPGA will impose conditions on the special permit requiring constructi 2.3.5 Dimensional Regulations 2.3.5.1 General No structure shall be erected or extended, or lot created or reduced in size, except through a public taking, unless in conformity with the requirements of this section, or unless specifically exempted by statute or this Bylaw. 2.3.5.2 Dimensional Schedule. Minimum lot area **,""80,000 sq. ft."",4.5 acres,1.5 acres Minimum lot frontage **,200 feet,50 feet,200 feet Minimum depth: Front yard **,50 feet,50 feet,150 feet Other yards **,20 feet,50 feet,50 feet ** See definition *** Refer to 2.3.5.5 Note A. Maximum lot coverage shall be 8% and the sum of all impermeable surfaces and other areas subjected to vehicle traffic or parking on a regular basis shall not exceed 50% of the total lot area within the zone of proposed use. 2.3.5.3 One Building Per Lot (a) Residential Use: Not more than a single dwelling shall be erected or moved on a lot. (b) Other Uses: Not more than a single principal building, regardless of use, shall be erected or moved onto a lot. 2.3.5.4 Dimensional Nonconformancy (a) (Deleted 5/2/88 Art 9) (b) Two-dwelling lots. A single lot containing two or more lawfully existing dwellings less than forty (40) feet apart at the closest point of measurement may be divided into separate lots despite not meeting yard requirements, provided all other applicable provisions of this Bylaw are satisfied. 2.3.5.5 Backland Zoning In Residential Districts backland or reduced frontage lots may be created by Special Permit issued by the Planning Board. Each such lot must meet the following criteria: (a) A minimum of street frontage on an accepted and/or approved town way of 50 feet. (b) The minimum allowable lot width between the dwelling site and the access to the public way is 25'. All plans for such lots shall show and indicate what the minimum lot width is in said plan though it may be in excess of 25'. (c) The minimum lot size shall be 4 1/2 acres. (d) Not more than one other Backland lot with frontage contiguous to it will be allowed. A Backland lot or lots as allowed under this Backland Zoning Bylaw shall be separated from any other Backland lot or lots by not less than two hundred feet (200') of frontage on an accepted and/or approved right-of-way. (e) No structure shall be erected within 50 feet of any lot line. (f) Once a Backland lot is created. and approved by the Planning Board, it cannot be subsequently divided to less than four and one-half (4 1/2) acres. (g) At least 1 1/2 acres of contiguous land which is not in a: (1) Flood Plain District (Section 2.5.3) (2) Water Resource Protection District (Section 2.5.4) (h) Granting of a Special Permit under this Bylaw does not constitute a waiver of any other applicable Bylaw or statute. BACKLAND LOT BACKLAND LOT Minimum Lot Size Minimum 14 Acre Area Not in Section 2.5.3 and 2.5.4 4.5 Acres 1.5 Acres 25 Minimum Lot Width Minimum Lot Frontage 50' STREET d has by rule or regulation required that not more than one building for dwelling purposes be erected or placed or converted to use as such on any lot without its consent, until satisfied that such consent has been obtained. No building permit within a subdivision shall be issued without the written permission from the Board releasing the lot for the erection of a building. 1408. All plans so submitted (except preliminary plans) shall be accurate representations of actual field surveys that conform to Technical Standards for Property surveys as adopted by the American Congress on Mapping and Surveying and endorsed by the Commonwealth of Massachusetts Board of Registration of Professional Engineers and of Surveyors. 1409. Strict compliance with the requirements of these subdivision rules and regulations may be waived when, in the judgement of the Board, such action is in the public interest and not consistent with subdivision control law. All plans and all procedures shall in all respects comply with the provisions of these rules and regulations, unless the Board authorizes a variation therefrom in specified instances. 1410. When the applicant is seeking waivers to these rules and regulations, the applicant shall present a separate letter requesting such waivers to the Board at the time of application. The list of waivers shall also be printed on the plan next to the Board's signature block. 1411. Any part of these rules and regulations subsequently invalidated by a new federal or state law or modification of an existing federal or state law shall automatically be brought into conformity with the new or amended law, and shall be deemed to be effective immediately, without recourse to a public hearing and the customary procedures for amendment or repeal of such regulations. 1412. If any section, paragraph, clause, sentence or provision of these rules and regulations shall be adjudged not valid, the adjudication shall apply only to the material so adjudg s to Subdivision Regulations: In so far as a FOSPRD constitutes a subdivision (per M.G.L. C41, Section 81-L), both the subdivision and the special permitting approval processes may run concurrently. However, subsequent approval by the Planning Board of such portions of the development which constitutes a subdivision shall be required as set forth in the Bolton Subdivision Rules and Regulations, including the approval of the streets and utility system. A favorable action which may be made by the Board on a special permit application for a FOSPRD shall not, therefore, be deemed either to constitute subdivision approval under Bolton Subdivision Rules and Regulations, nor imply that such approval will be given. 2.3.7 Major Residential Development 2.3.7.1 Applicability Lands affected by this section 2.3.7 includes residentially zoned property, or set of contiguous properties, in common ownership, or in common ownership as of June 10, 1996. The term ""common ownership"" shall be defined as ownership by the same person or persons or legal entities, or ownership by any two or more persons or entities, as evidenced by control, pursuant to established law. A Major Residential Development shall mean any subdivision(s), as defined and limited in Massachusetts General Law Chapter 41, section 81L, which in any five year period, either: a) comprises 15 acres or greater of new residential lots and road rights-of-way; b) results in the creation of greater than 7 residential lots, or c) results in the construction of greater than 500 feet of new roadway. Any subsequent subdivision proposal which, if approved, would result in total development in excess of any of the preceding thresholds in any five year period, shall itself be subject to this section 2.3.7, and shall cause any previously approved subdivision(s) which contributed to the aforesaid threshold calculation to then also be subject to this section 2.3.7 as a part of that subsequent subdivision proposal. 2.3.7. Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] No" "[INST] Context: accessory building located on a lot with a single-family dwelling for the purpose of providing small additional dwelling units without adding to the number of buildings in the Town or substantially altering the appearance of buildings, the neighborhood, or the Town; increasing the range of housing accommodations; encouraging a greater diversity of population; and encouraging a more efficient and economic use of existing housing stock by enabling owners of single-family dwellings larger than required for their present needs to share space while maintaining the single-family appearance and character of buildings, the neighborhood, and the Town. (1) Accessory Apartments Allowed By Special Permit The Planning Board may grant a Special Permit for an accessory apartment provided that: (a) The accessory apartment is attached to or within a single-family dwelling, or is within a detached accessory structure in existence on or before March 8, 2007 and (b) provided that all of the following additional requirements are met: 1. No more than one accessory apartment may be located on the lot. 2. The accessory apartment shall be a use secondary and incidental to the single-family dwelling on the lot, and shall contain no more than 600 square feet of Gross Floor Area. 3. The accessory apartment shall contain no more than 3 rooms, excluding hallways, bathrooms and closets. 4. Either the single-family dwelling or the accessory apartment shall be occupied by the owner of the lot. For the purposes of this section, the ""owner"" shall be one or more individuals holding legal or beneficial title to said lot and for whom the dwelling is the primary residence for voting and tax purposes. 5. The private water and on-site sewage disposal system shall be adequate to serve both the existing single-family dwelling and the accessory apartment. 6. Any entrance required by the inclusion of an accessory apartment shall be clearly secondary to the main entrance of the primary dwelling unit. 7. Any modification to the existing entran rtment. 6. Any entrance required by the inclusion of an accessory apartment shall be clearly secondary to the main entrance of the primary dwelling unit. 7. Any modification to the existing entrances on the front facade of the single-family dwelling shall result in the appearance of a single main entrance. 8. Two (2) off-street parking spaces shall be provided for the accessory apartment. 9. Curb cuts for the lot shall be limited to those already in existence on or before March 8, 2007, or for new construction, shall be limited to one. 10. The accessory apartment shall be occupied only by the owner(s) of the lot, their family members, or in-home care providers for said owner(s) or their family members. 11. The number of occupants in the accessory apartment shall be limited to three people. 4200 Nonconforming Uses and Structures 4201 General Except as may otherwise be provided by law, this Bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing on such Bylaw required by MGL c. 40A, § 5, but shall apply to a building or special permit issued after the first notice of said public hearing, to any reconstruction, extension or structural change of such structure and to any alteration of a structure begun after the first notice of said public hearing to provide for its use for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent, except where alteration, reconstruction, extension or structural change to a single or two-family residential structure does not increase the non-conforming nature of said structure. 4202 A special permit must be obtained from the Board of Appeals pursuant to the provisions of Section 9200 before any change, alteration, or extension of a nonconforming use or structure may be made and no such permit will be granted unless the Board of Appeals shall have found that such change, alterati 05 Further Supplementary Intensity Regulations No more than one single-family dwelling may be located on a lot. 5006 Intensity Regulations for Structures Other Than Buildings In all districts, no structures may be hereafter erected or used (a) on a lot that does not comply with the minimum area requirements; and (b) unless it meets at least one-half of the minimum setback requirement. 5007 Location of Accessory Buildings No accessory buildings shall be located within the required front yard area. No accessory building shall be located in any side area nearer to the side lot line than ten (10) feet, or in a rear area nearer to the rear lot line than 10 feet, or nearer to another principal or accessory building than ten (10) feet. For the purpose of this Bylaw, a garage attached to a dwelling shall be considered an accessory building, provided that there is no occupiable or living space, that does not conform to the minimum setback for residential dwellings, above any part of the garage footprint. 5008 Height restrictions for tall structures and roof-attached structures, except as covered under Section 7400 Wireless Communication Facilities (1) Tall structures are defined as any freestanding man-made device (tower, antennae, wind turbine, lattice, etc.) which exceeds forty-five (45) feet in height from ground level. Tall structures may be allowed by special permit from the Board of Appeals in accordance with the following requirements: (a) A tall structure shall not be located within a front or side yard setback; (b) A tall structure shall be set back from all lot lines a minimum of the structure's height; (c) A tall structure shall not degrade scenic vistas; and (d) No lot shall contain more than one tall structure. (2) Roof mounted or attached structures are permitted provided that such structures do not exceed ten (10) feet above the uppermost part of the building to which it is attached or forty-five feet (45) total height from ground level whichever is less. 5009 Lot Regularity Except for Reduced Frontage Lots, no building lot shall be created in the Agricultural-Residential District or the Residential 1 District after the effective date of this Bylaw that does not conform to the following requirements: a) The lot contains a quadrangle, le state and local regulations, and without extraordinary engineering measures. Where the maximum square footage is in doubt, the determination of the Planning Board shall be conclusive for all purposes. 7706 Decision The Planning Board may approve, approve with conditions, or deny an application for an Open Space Commercial Development in accordance with Section 9200 of the Zoning Bylaw (governing special permits). The Planning Board may issue a special permit for an Open Space Commercial Development only if, in addition to other requirements, the applicant shall demonstrate: (1) That the proposed development conforms with the purpose and intent of the Open Space Commercial Development Bylaw. (2) That the proposed buildings are designed in harmony with the natural features of the site. The site plan, to the extent possible, preserves the topography, views, vistas, wildlife habitat, significant trees or stands of trees, wetlands, brooks, waterbodies, historic or archeological sites, trails and cart paths located on the site. (3) That adequate access is provided to the common open space. (4) That the overall design and site plan of the Open Space Commercial Development is superior to that of a conventional subdivision and warrants special consideration for modification of existing standards. (5) That the Open Space is of a size, shape, and dimension suitable for park, recreation, conservation, or agricultural purposes. (6) That the plan complies with applicable Subdivision Rules and Regulations. 7800 Access Through a Commercial District to a Residential District Access through the Business, Business 1, Office Park, or Industrial-Commercial Districts to the Agricultural-Residential District shall only be allowed by Special Permit. The Special Permit Granting Authority for such permits shall be the Planning Board. In granting such permit, the Planning Board shall find that, in addition to the standards set forth in Section 9204 of this Bylaw, there are clear and compelling benefits posed commercial uses are compatible with single-family residential uses; (4) No more than 30 percent of the Gross Floor Area of the Mixed Use development may be used for single-family purposes; (5) The commercial development will be constructed at the same or greater pace than the residential development on a square footage basis; (6) Each single-family dwelling is located on its own lot; (7) Buildings meet the architectural standards in Section 8006(9) for the Town Center District. 4400 Special Permits for Two-family Dwelling Reserved Exclusively for Elderly Occupancy The Planning Board shall be the Special Permit Granting Authority for two-family dwellings reserved exclusively for elderly occupancy. In making its determination with respect to a special permit for a two-family dwelling reserved for elderly occupancy, the Special Permit Granting Authority shall find that the proposal meets the following criteria: (1) Occupancy is deed restricted to persons 55 years of age or older or to a person 55 years of age or older and their spouse and/or live-in aid. (2) There are no more than two units per building. (3) The maximum number of buildings allowed shall be limited to the number of houses that could be created in a subdivision on the site in full conformance with all zoning, subdivision and other applicable state and local regulations, and without the proposal of extraordinary engineering measures. Where the maximum number is in doubt or dispute, the determination of the Planning Board shall be conclusive for all purposes. (4) The proposed site contains a minimum of 10 acres. (5) The minimum upland area is 5 acres. (6) The maximum density is 2 units/60,000 square feet. (7) Traffic generation is similar or less than what would be generated if the land were developed into single-family dwellings. (8) The architectural style of the units is similar in character and appearance to other dwellings in the neighborhood. (9) Adequate landscaped buffers are provided around the d Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: e development (or adjacent thereto, if admitted to the corporation). 5.5.2.8 In the case of corporate or trust ownership, beneficial rights in said open space shall be deeded to the owners and a restriction enforceable by the Town pursuant to M.G.L. Ch. 184, Section 32 providing that such land shall be kept in open or natural state shall be recorded at the Middlesex North District Registry of Deeds. All deed restrictions with respect to ownership, use and maintenance of open space shall be subject to approval by the Planing Board and thereafter referenced on, and recorded with, the special permit and the plan; 5.5.2.9 Wherever possible, all building lots within the Conservation Cluster shall be served by common driveways for which special permits shall be sought in accordance with the requirements of Section # 5.4, but, not withstanding the limitation of Section # 5.4, the Planning Board may allow the number of lots in a Conservation Cluster to be served by a common driveway to be the maximum number allowed by Section # 5.4 plus one. The Planning Board shall impose conditions prohibiting the construction of any driveway or other means of access to building lots in the Conservation Cluster apart from the common driveway; 5.5.2.10 The developer shall, by appropriate restrictions or covenants which shall run in favor of the town and the owners of the open space, prohibit further division of the land within the Conservation Cluster. 5.5.3 Planning Board Action The Planning Board shall notify the Conservation Commission, the Board of Health, the Historical Commission and the Selectmen of the application for a special permit hereunder and allow them a reasonable time to inspect and comment upon said application. The Planning Board may grant a special permit under this Section upon written findings that the request is compatible with the purpose of this Section, meets the minimum requirements hereunder and will in fact result in the preservation of a particularly identified natural resource upon the parcel for which the special permit is granted. 5.6 Accessory Apartments 5.6.1 Purpose To increase the availability ng not theretofore used for such purposes; 7.6.1.4 Establishment of a more intensive non-residential use on the site of a previous non-residential use, including, but not limited to, the establishment of or alteration to any parking, loading or vehicular access, or the increase in number of employees at the site or proposed pedestrian traffic to and from the site; 7.6.1.5 Construction of a new building or structure, or an addition or alteration of any existing building or structure, for use as multifamily housing; or 7.6.1.6 Construction or alteration of a municipal parking, cultural, recreational, water supply or protective use pursuant to this Section 7.6 in addition to any special permits or other approvals required under these bylaws. 7.6.2 No building permit shall be issued for the purposes described in Section 7.6.1.1 through 7.6.1.6 unless a site plan prepared by a professional architect, engineer or land surveyor has been submitted and approved by the Board of Selectmen as provided in this Section 7.6. Any person desiring approval of a site plan shall submit said plan to the Board of Selectmen and to the Planning Board. The Board of Selectmen shall not take final action on such plan until it has held a public hearing thereon in accordance with the provisions of Chapter 40A of the General Laws and has received a report and recommendations from the Planning Board or until the Planning Board has allowed thirty-five (35) days to elapse from the date on which the site plan and all accompanying materials have been submitted to the Planning Board without submission of a report. The Board of Selectmen may also request a report and recommendations from the Board of Appeals, Fire Department, Police Department, Department of Public Works, Conservation Commission, Board of Health and any other Town Board or Committee. Failure of the Board of Selectmen to take final action on such plan within sixty (60) days following the public hearing shall be deemed to be an approval thereof; it shall forthwith make an endorsement to this effect on such plan, and on its failure to do so the Town Clerk sh deemed to be a grant of the permit applied for; otherwise, the issuance of special permits shall require a two-thirds vote of the Planning Board, failing which the permit shall be denied. 5.1.4.5 Necessary Findings No special permit shall be granted hereunder unless the Planning Board shall make the applicable findings required by Section # 7.2.1 and shall further find that the multi-dwelling housing proposed by the applicant is consistent with the purpose of Residence District M set forth in Section # 5.1.1 and with the Preliminary Development Plan referred to in Section # 5.1.4.2 and, in particular that 5.1.4.5.1 The final Development Plan complies in all respects with the provisions of the general bylaws, including Articles IV and XI thereof, these zoning bylaws and the Regulations of the Board of Health. 5.1.4.5.2 The building and site layout are specially designed for the needs of the elderly and handicapped; access to the Town Center should be a major consideration. 5.1.4.5.3 The architectural design is in harmony with the scale, character and nature of the Town. 5.1.4.5.4 All improvements are place so as to preserve, as far as practicable, the unique natural features of the site, including watercourses, rock outcroppings, stone walls, major trees and wooded areas; and 5.1.4.5.5 The tract of land contains at least four (4) acres. 5.1.4.6 Conditions The Planning Board may attach to special permits such conditions as, in its judgement, are designed to further the purposes set forth in Section # 5.1.1, and shall attach a condition limiting the occupancy of the housing to families at least one member of which is 62 years of age or older. 5.2 Wetland/Flood Hazard District 5.2.1 Definitions 5.2.1.1 WETLAND/FLOOD HAZARD DISTRICT. Wetland/Flood Hazard District is defined in Section # 2.2 5.2.1.2 WETLANDS Wetlands are wet meadows, marshes, swamps, bogs and wet areas of flowing or standing water. Wetlands are characterized by the presence of wetland soils and of plant communities which require the presence of water at or near the ground surface for a significant portion of the year. 5. TABLE 2 SUMMARY OF DIMENSIONAL REQUIREMENTS For informational purposes only See Section 4 of Zoning Bylaw for detailed dimensional requirements For informational purposes only See Section 4 of Zoning Bylaw for detailed dimensional requirements ,General Residence A,General Residence B,Business,Center Business Lot Area (min. area),1 acre,2 acres,none1,none¹ except pork chop lots2,3 acres,4 acres,--, Lot Frontage (min. feet),150,250,1 none,none2 2 except pork chop lots2,40,40,--,-- Front Setback (min. feet)3,40,40,20,20 Side and Rear Setbacks (min. ft.),204,404,5,55 Lot Coverage (max. %),25,25,75,75 1 See Section #4.1.4. for dwellings in a business district. 2 See Section #4.1.2.4. for details of frontage exceptions. 3 See Section #4.2.1 for streets having a right-of-way with less than forty feet. 4 See Sections #4.3.1 and #4.3.2 for special exceptions for small buildings. 5 See Section #4.3.3. for exceptions related to dwellings. 6 Where all setbacks exceed minimum requirements by ten (10) feet or more, height may be increased to three (3) stories not exceeding forty five (45) feet. Large agricultural buildings see Section # 3.2.1.7 ,General Residence A,General Residence B,Business,Center Business Height6: (max. stories),2 1/2,2 1/2,2 1/2,2 1/2 (max. feet),40,40,40,40 1 See Section #4.1.4. for dwellings in a business district. 2 See Section #4.1.2.4. for details of frontage exceptions. 3 See Section #4.2.1 for streets having a right-of-way with less than forty feet. 4 See Sections #4.3.1 and #4.3.2 for special exceptions for small buildings. 5 See Section #4.3.3. for exceptions related to dwellings. 6 Where all setbacks exceed minimum requirements by ten (10) feet or more, height may be increased to three (3) stories not exceeding forty five (45) feet. g of motor vehicles in such a fashion as is consistent with the character of a single family residence; 5.6.5.12 there is no other apartment on the lot on which the apartment is to be located; 5.6.5.13 the external appearance of said house before or after the creation of the apartment is that of a single family residence. In general, any new entrances shall be located on the side or rear of the building. Any new additions or structures associated with the AAA unit may be permitted providing they are appropriate to the character of the principal residence; and 5.6.5.14 the construction of any accessory apartment must be in conformity with the State Building Code requirements. 5.6.6 No accessory apartment shall be used unless the owner or owners of the building have a permit issued hereunder or as otherwise provided in the Bylaws. The renewal of any accessory apartment permit previously granted shall not be denied by reason of amendments to Section #5.6 after the granting of the original permit, notwithstanding the failure of the apartment to conform to said Section as thus amended. 5.6.7 A special permit granted under this Section #5.6 shall lapse if, within one (1) year from the grant thereof (not including such time as is required to pursue or await the determination of an appeal) a substantial use of the permit has not sooner commenced except for good cause. 5.6.8 The special permit shall not become effective until a copy, certified by the Town Clerk as provided by Chapter 40A, Section 11 of the General Laws, has been recorded with Middlesex North District Registry of Deeds. 5.6.9 For AAA units, a Deed Restriction/Regulatory Agreement (""Agreement"") with the following provisions shall be signed and recorded with the Middlesex North Registry of Deeds by the owner of an AAA unit: 5.6.9.1 The Agreement is for a minimum of 15 years, 5.6.9.2 The Agreement will terminate upon sale of the property, 5.6.9.3 An owner may terminate the Agreement prior to its expiration, which will revoke the special permit. Thereupon, the apartment must be removed unless the owner applies for and receives a new special Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: A. The intent and the purpose of this section is to permit accessory dwelling units in single- family residential districts subject to the standards and procedures hereinafter set forth. It is also the intent to assure that the single-family character of the neighborhood will be maintained and that the accessory unit remains subordinate to the principal living quarters. B. Restrictions. A special permit may be granted by the Zoning Board of Appeals for the conversion of an existing or new single-family dwelling to accommodate an additional family living unit by the installation of a common wall or the partitioning of or extension of existing living space. C. Use limitations. Such additional family living unit shall at the discretion of the Zoning Board of Appeals accommodate up to a maximum of three persons, provided that the owner of record of the structure is a resident of the structure which includes the accessory family dwelling unit. The existing unit shall accommodate an additional family unit only if a) a member of the additional family is related by blood, marriage or adoption to the owner of the premises; or b) a member of the additional family is 60 years of age or older. There shall be no other living unit on the lot upon which such accessory unit is to be located. D. Disposal of sewage. Adequate provision shall be made for the disposal of sewage, waste and drainage generated by the occupancy of such accessory unit in accordance with the requirements of the Board of Health. Such determination shall be made prior to the application for a special permit, and evidence of same shall be included with such application. E. Ingress, egress, access. Adequate provision, as determined by the Director of Municipal Inspections, shall be provided for separate ingress and egress to the outside of each unit. To the extent possible, exterior passageways and accessways shall not detract from the single-family appearance of the dwelling. An interior doorway shall be provided between each dwelling unit as a means of access for purposes of supervision and emergency response. All stairways to additional stories shall be , public or private"",SP,SP,N Farm stands,Y,Y,Y Landscaping business and storage/staging facilities,SP,Y,Y Mixed use buildings consisting of commercial space or retail space on the first floor and a different category of use on one or more upper floors,N,Y,Y ""Uses customarily associated with any permitted use on a lot within a Development Project, which may be on a different lot within the same Development Project"", Y,Y,Y Accessory uses,Y,XY,XY Restricted Land uses,Y,XY,Y § 210-166. Intensity of Use Limitations A. Dwelling Uses within the OSMUD District shall be limited to 940 new Dwelling Units constructed after the effective date of this Article. No more than 50 new Dwelling Units so constructed may be single-family dwellings, and the remainder shall be multi-family dwellings, including attached dwellings, garden apartments, units in mixed-use buildings and senior housing. Neither the dwellings located at 80, 82, 83 nor 90 East Main Street or 26 Clinton Street, nor the Group Home located at 44 Wilson Street, all of which were in existence as of the effective date of this Article, shall be deemed to be a Dwelling Unit for the purposes of this Intensity of Use limitation. However, in the event that any such dwelling is converted to or reconstructed as a multi-family dwelling use, the resulting number of Dwelling Units in excess of one (1) on any such property shall be counted towards the Intensity of Use limitation. No Accessory Family Dwelling Unit for which the Board of Appeals grants a Special Permit pursuant to § 210-126 shall be deemed to be a separate Dwelling Unit for purposes of this Intensity of Use limitation. B. Commercial Uses within the OSMUD District shall be limited to 450,000 square feet of Gross Floor Space in the aggregate, which shall be allocated among the Subdistricts as authorized by a Master Plan Special Permit issued pursuant to § 210-172. C. Commercial uses within the VC Subdistrict shall not exceed 150,000 square feet of Gross Floor % of the interior of any parking lot having 25 or more spaces shall be maintained with landscaping, including trees, in planting areas of at least four feet in width. (6)The portion of any parking lot which abuts a residential district or use shall be screened from such residential district or use by plant materials characterized by dense growth, or a combination of such plant materials, natural landforms and trees, which will form an effective year-round screen. Screening shall be at least five feet in height. Plant materials when planted may be less than five feet in height but not less than three feet in height if of a species or variety which shall attain the required height and width within three years of planting. (7)The portion of any parking lot which abuts a public way shall be adequately buffered from such public way by plant materials characterized by dense growth or a combination of such plant materials, trees, natural landforms and other landscape features, such as stone walls. Plant materials may be required to be at least five feet in height. Plant materials when planted may be less than five feet in height but not less than three feet in height if of a species or variety which shall attain the required height and width within three years of planting. § 210-125. Conversions of residential property. [Amended 4-9-1991 ATM, Art. 25, 5-7-2007 ATM, Art 26] The conversion of any house for rental purposes to accommodate not more than four families or units may be undertaken in any zoning district except an Industrial A (IA) or Industrial B (IB) District upon grant of a special permit by the Board of Appeals, provided that the exterior is not materially altered and provided that each dwelling unit so created contains a floor area of at least 600 square feet. Two parking spaces shall be provided on the site for each dwelling unit. § 210-126. Accessory family dwelling unit. [Added 5-4-1993 ATM, Art. 20] A. The intent and the purpose of this section is to permit accessory dwelling units in single- family residential districts subject to the standards and procedures hereinafter set forth. It is also the inten with the relevant provisions of the State Building Code, this Chapter and the special permit. Occupancy permits shall not be transferable upon change in ownership or change in occupancy. In such event, an affidavit shall be presented to the Director of Municipal Inspections attesting to the fact that the circumstances under which an occupancy permit was granted will in the future continue to exist. The owner of record is responsible for initiating each application to the Director of Municipal Inspections. Appropriate fees, as established and recorded, may be assessed for each such renewal review, investigation and processing. All documentation presented hereunder must be in form and content satisfactory to the Director of Municipal Inspections. L. Definition. ACCESSORY FAMILY DWELLING UNIT shall mean a dwelling unit contained within or being an extension of a single-family structure to accommodate an additional family only if a member of the additional family is related by blood, marriage or adoption to the owner of the premises, or a member of the additional family is 60 years of age or older. [Amended 5-5- 2003 ATM, Art. 26] §210-126.1. Residential subdivisions of 10 acres or more. [Added 5-2-2000 ATM, Art. 33] A. Purpose. The purpose of this section is to preserve the natural and cultural resources of the Town by insuring that development of land for residential use does not consume all or a significant portion of the town's woodlands, fields, farmlands, historic structures and landscapes, cart paths, stone walls, geologic formations, watercourses, wetlands, riparian zones, groundwater recharge areas, hilltops, scenic vistas, areas of critical environmental concern, vernal pools and other significant open spaces, and that such development is undertaken with respect for the land and the town's natural resources. It is the intent of the Town to encourage that residential development be undertaken in accordance with the provisions of the open space and landscape preservation development section of this Chapter when residential development is to occur. 12 B. Applicability. Any parcel or parcels of land which, indi he Zoning Board of Appeals to modify the special permit. J. Plans. Floor plans, elevation drawings of each side of any proposed building, and a certified site plan showing the proposed buildings on the lot and their relationship to other structures and premises within 200 feet of the lot shall be filed with the application for a special permit. K. Parking. Provisions for off-street parking of residents and guests of both units shall be provided in such a manner as is consistent with the character of the neighborhood, as determined by the Zoning Board of Appeals. The Zoning Board of Appeals shall seek the advice of the Director of Municipal Inspections and the Design Review Board in such review. In no case shall the number of parking spaces on the lot be less than two per unit, including spaces inside garages. Unless the Zoning Board of Appeals specifically waives the following requirement, the duplex shall be served with two separate driveways, one for each unit. L. Design review. The Zoning Board of Appeals shall forward a copy of the submission materials to the Design Review Board for review and recommendation. The Design Review Board shall review the exterior design of the proposed buildings, parking, driveways, and landscaping and screening, to determine whether the proposed lot development will be compatible with and not detract from the surrounding neighborhood. Such review shall include consideration of the design guidelines adopted pursuant to 210-145 of this chapter. M. Special permit. No building permit shall be issued in accordance with the special permit issued under this section until the special permit has been recorded in the Registry of Deeds by the applicant and evidence of such recording has been submitted to the Director of Municipal Inspections. N. Separate conveyance. The ownership of each duplex unit may be conveyed or otherwise transferred separately from the other unit. The lot on which the duplex is located shall be held in common owners Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: ng for one family in a connected row of three (3) or more dwellings, where one family is not living over another. MUNICIPAL PROPERTIES REUSE DEVELOPMENT (MPRD) : A municipal properties reuse development shall mean the development of municipal properties no longer serving a municipal purpose, as a single entity, in which a mixture of residential, open space, commercial, and light industrial uses, and a variety of building types and designs, are determined to be sufficiently advantageous to render it appropriate to grant a special permit to the extent authorized by this zoning ordinance. (Ord. of 9-16-82, § 1) NATURAL WOODLANDS : A grouping of mature indigenous trees with a minimum density of twenty (20) trees of six (G) inches' diameter or greater per ten thousand (10,000) square feet throughout (Ord. of 5-9-97, § 1) NEIGHBORHOOD BUFFER : A landscaped area sufficient in depth and screening to visually separate one land use from one another. (Ord. of 5-9-97, § 1) NURSING HOME : Any place or institution for the aged, infirm, chronic or convalescent whether conducted for charity or for profit which is established to render domiciliary care, custody, treatment or lodging for three (3) or more unrelated persons who require or receive assistance in ordinary daily activities of life or who are confined to bed or chair. (This term includes boarding and rooming houses for aged people, convalescent homes, rest homes, homes for the aged or infirm and convalescent homes for children, but does not include hospitals, clinics and similar institutions devoted primarily to the diagnosis and treatment of disease, injury, maternity cases or mental illness.) ONE-FAMILY DWELLING : A detached dwelling designed for and occupied by a family excluding mobile homes. (Ord. of 5-10-84, § 4) ORNAMENTAL TREE : A small to medium size deciduous tree, noted for its form, leaf color, texture, flowers, or fruit, used to provide vegetative screening along a driveway, beside a building, or within a landscaped buffer. (Ord. of 5-9-97, § 1) OVERLAY ZONE nt can be built. (f) [Permit, authorization.] A special permit for a cluster development issued hereunder by the special permit granting authority is an authorization for the use of lots which have less than the normal minimum area or frontage or both. (Ord. of 5-10-84, § 24; Ord. of 8-25-88, § 1) 4.4.5 Public housing/low-moderate income requirements. (a) There shall be a minimum lot area of eight thousand (8,000) square feet for each public housing/low-moderate income site. (b) The minimum area of land required per dwelling unit in each of the districts of the city in which a special permit may be granted shall be as follows: Residence District,Land Area Required Per One or Two Bedroom Dwelling Unit,Land Area Required Per Three or More Bedroom Dwelling Unit Residence R-1,""4,500 square feet"",""5,250 square feet"" Residence R-1A,""4,500 square feet"",""5,250 square feet"" Residence R-2,""3,000 square feet"",""3,700 square feet"" Residence R-3,""3,000 square feet"",""3,700 square feet"" All other zoning districts are to be the same as Residence R-3. The bedroom distribution of a public housing/low-moderate income development shall be determined by the Peabody Housing Authority and shall be that which is most compatible with the surrounding neighborhood and best meets the needs of the city at that location. (c) There shall be a minimum street frontage of seventy-five (75) feet per development. (d) In residence, R1, R 1A, R 2, R 5 and PRD districts, the maximum lot coverage shall not exceed thirty-five (35) percent of the total land area. In residence R 3 and R4 and in Business Districts the maximum lot coverage shall not exceed fifty (50) percent of the total land area. (Ord. No. 10-11-84, § 11) (e) Not less than thirty (30) percent of the land area in a single development shall be free from structures, streets, parking areas, drives, walkways and other constructed approach or service areas and shall be attractively landscaped and maintained. The landscape requirements of section 6.5.5 (b) shall govern projects approved und requirements. (1) Multistory developments can include multiple-family dwellings, multistory single family cluster developments, or public housing. (2) The site shall have not more than eight (8) dwelling units/acre. A bonus density of not more than two (2) dwelling units/acre for a total maximum often (10) dwelling units/acre may be granted as a condition of the special permit provided that a minimum of ten (10) percent of the dwelling units provided at the site are assured to be sold or leased on terms affordable to individuals or households with incomes not exceeding those defined as ""moderate income"" by the Massachusetts Executive Office of Communities and Development or comparable governmental agency acceptable to the special permit granting authority. The assurances, referred to in the previous sentence shall be in the form of a covenant or other means acceptable to the special permit granting authority and shall be in full force and effect for a period of not less than ten (10) years from the date of the first sale, lease or transfer of said units. (Ord. of 8-25-88, § 3) (3) The facade of multistoried buildings shall be broken up by architectural detailing such as window protrusions, balconies, overhangs. (4) Buildings shall be sited to allow maximum amount of light to reach individual units. (c) Single-story/single-family development requirements. (1) Single-story developments may include detached site built houses, detached one unit modular homes assembled on site, or one story single-family cluster developments. All must have foundations and be permanently affixed. (2) The site shall have not more than a maximum of four (4) single-story detached dwelling units/acre. A bonus density of not more than one (1) unit per acre for a total maximum of five (5) dwelling units/acre may be granted by the special permit granting authority under the same terms and conditions as specified in 4.4.9(b)(2) of this ordinance. (Ord. of 8-25-88, § 4) (3) Each unit must have a minimum lot size of not less than ten thousand or both, than normally required. For this purpose, a cluster development is a division of not less than five (5) acres of land into lots used, or available for use as building sites, where said lots are clustered together and where there is provision of open space in common or public ownership. The planning board shall be the special permit granting authority for the cluster permit (b) Purpose: The purposes of this provision of the ordinance allowing cluster developments are as follows: (1) To promote efficient subdivision of land, in harmony with its natural features and with minimal excavation and earth removal activities. (2) To preserve in their unaltered state unique or unusual natural features of the land to be developed especially where such features are not afforded protection under some other local, state or federal regulation or private deed restriction. Such natural features include but are not limited to: Science vistas and scenic road views; woodlands and site vegetation, especially where such natural vegetative cover serves to buffer new developments from established neighborhoods; slopes over fifteen (15) percent and rock outcroppings; natural drainageways, stream banks, wetlands, and floodplains; aquifer recharge areas for public or private water supplies; wildlife habitat and vegetation, especially of rare or endangered species. (3) To provide suitable open space and facilities for active or passive recreation. (4) To provide open space as a buffer, where desirable and appropriate, between new developments and established neighboring uses. (5) To promote affordable housing in the city. (c) Minimum requirements: Such a cluster development containing lots with less than the minimum area or frontage or both may be permitted provided that: (1) Maximum number of lots in a cluster development shall be determined by taking total land area of the subdivision, exclusive of existing and proposed roads and other land areas not available to the developer for building because of local, state, or federal t a scale of not less than forty (40) feet to an inch and shall include as necessary or applicable for each special permit use the following: (a) The extent of the site with all lot lines identified by metes and bounds; (b) Names of owners and abutters as shown on most recent real estate tax list (c) Sizes and locations of existing and proposed structures and any adjacent structures within fifty (50) feet of the site and including proposed structures and any adjacent structures within fifty (50) feet of the site and including proposed type of construction and proposed building materials; (d) Existing and proposed contours at two-foot intervals; (e) Number and location of proposed parking spaces; (f) Sizes and locations of water, sewerage and drainage systems; (g) Driveways and vehicular circulation providing access to and egress from the site; (h) Walks and recreation, open space and conservation areas; (i) Land uses, both existing and proposed; (j) Landscaping and site development details including walls, fences, outdoor lighting and ground surface materials; (k) Bounding streets and any unused or unique natural features of public areas in the immediate vicinity; and (l) If an applicant or predecessor in title has previously filed a site plan with the permit granting authority regarding the subject parcel of land and/or building and use, no additional site plan shall be filed in the event the application refers only to a change in use. (Ord. of 5-104, §§ 19-21) 4.4.3 Reserved. 4.4.4 Cluster development requirements. (a) Definition: Single detached one-family dwellings may be constructed on certain lots in a cluster development in the following zones: R 1, R 1A, R 113, R 2, R-3, and R-4 as hereinafter defined and limited, although such lots have less area or frontage, or both, than normally required. For this purpose, a cluster development is a division of not less than five (5) acres of land into lots used, or available for use as building sites, where said lots are cluste Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: it meets the public way and shall contain the diagram of the addresses of the properties as designated by the Board of Assessors. A similar, but smaller, marker shall be placed where the driveway meets the individual dwelling driveway and at any location where the driveway may split to access more than one dwelling. All driveways and parking areas for the designed multifamily development shall be paved to a total thickness of three (3) inches with two courses of bituminous concrete. 7330. Open Space Open space and common land, if any, shall be laid out in such manner as to tend to assure compliance with the foregoing standards, to provide for pedestrian safety within the site and to provide an aesthetically pleasant setting for the multifamily residential development within its neighborhood. Such open space land shall meet the ownership, maintenance and conservation easement requirements as provided for an open space residential development under this chapter. 7335. Affordable Housing. All multifamily developments which will result in the creation of six (6) or more detached single family dwelling units on the site designated as the multifamily development shall require at least 10% of the units, and in no case, less than one unit, be priced for qualified affordable housing purchase as defined by the Commonwealth of Massachusetts. 7340. Planning Board Action Before acting upon the application, the Board shall submit it with the plan to the following boards, which may review it jointly or separately: Board of Health, Highway Surveyor, Conservation Commission, Police Chief, Board of Fire Engineers, Water Department and Sewer Commission. The Planning Board shall grant such special permit only when it determines that all of the standards for special permits contained in Section 9300 are met and the requirements set forth herein. 7341. Planning Board approval of a special permit hereunder shall not substitute for compliance with the Subdivision Control Act, nor oblige the Planning Board to approve any related plan for subdivision, nor reduce any time periods for Board consideration under the law. However, in order to facilitate processing, the Planning Board may, insofar as practical under ex to approve any related plan for subdivision, nor reduce any time periods for Board consideration under the law. However, in order to facilitate processing, the Planning Board may, insofar as practical under existing law, accept a combined plan and application which shall satisfy both this section and the Board's regulations under the Subdivision Control Act. 7350. Conditions. Where a special permit for multifamily residential development is granted which is not subject to subdivision control, the Planning Board shall impose all or such part of its subdivision control requirements as it deems advisable as conditions upon its permit, including but not limited to the construction of roads and driveways, drainage facilities and other facilities and utilities, and shall require a bond or covenant in the manner prescribed in the subdivision regulations to secure performance of the entire plan for multifamily residential development as approved for special permit. 7400. TRAILERS 7410. General No person shall use or permit to be used for dwelling purposes within the town any trailer or similar mobile equipment, whether registered or unregistered, mobile or immobile, except that mobile trailers may be used for temporary dwelling purposes, provided that such use is licensed by the Selectmen, said license to be applied for by the occupant within three days after the unit is located in the town and with no license granted hereunder to be for a period exceeding six calendar months. 7420. Preexisting Trailers. The above restrictions shall not apply to trailers which are presently or are hereafter placed in any trailer park already in existence in the town or to any existing trailer presently being used for dwelling purposes, which trailers shall be subject to and limited by licenses, if any, presently in effect. 7421. Such trailers may be replaced by a trailer not more than 20% larger in volume than the lawfully preexisting trailer. 7500. REAR LOTS 7510. General In a Rural, Town Suburban or Recreational Residential District, a building and occupancy permit for one (1) single family dwelling unit may be issued notwithstanding the minimum frontage requirements set forth in Section 4000, subject to cilities necessary for the convenience and enjoyment of the residents, subject to approval by the Planning Board as part of the decision on the special permit or as amendment to the special permit after it has been issued. In order to diversify the Town's housing stock and allow for opportunities to provide affordable housing and save additional open space, a small number of duplexes and /or multi-family residential structures are permitted within OSRDs, provided they meet all provisions of this OSRD Bylaw, the multifamily residential development requirements of section 7300, the general special permit criteria of section 9300 and all State of Massachusetts Title 5 and local health requirements. In any OSRD, no greater than 10% of the total number of lots, including those that may be permitted under a density bonus per section 7180, can contain duplexes and/or multi-family residential structures where permitted in the underlying districts. All calculations shall be rounded down to the nearest whole number. Lots containing duplexes and/or multi-family residential structures may not be contiguous within any one subdivision or OSRD development. 7150. Procedure. Overview of Procedure. For applicable parcels, an OSRD is authorized in three steps; the first of which is optional: 1. Pre-application conference with the Planning Board and/or other Town boards and committees as described below; 2. submittal, review and approval of an OSRD special permit plan by the Planning Board, followed by; 3. submittal, review and approval of a definitive subdivision plan, or site plan, as the case may be, in conformity with the OSRD special permit as approved by the Planning Board. If the OSRD involves construction of a new subdivision road, the level of engineering detail required at the special permit stage of review is the same as for a preliminary subdivision plan that meets the Town of Pepperell subdivision regulations. An approved definitive subdivision (or site) plan that does provide adequate engineering detail, however, is requ ither unit is owner-occupied. 3433. Not more than one accessory apartment may be established on a lot. The accessory apartment shall not exceed 800 sq. ft. in gross floor space and shall be located in the principal residential structure on the premises; 3434. The external appearance of the structure in which the accessory apartment is to be located shall not be significantly altered from the appearance of a single-family structure. 3435. Sufficient and appropriate space for at least one (1) additional parking space shall be constructed by the owner to serve the accessory apartment. Said parking space shall be constructed of materials consistent with the existing driveway and shall have vehicular access to the driveway. 3440. Decision. Special permits for an accessory apartment may be granted by the Board of Appeals upon a finding that the construction and occupancy of the apartment will not be detrimental to the neighborhood in which the lot is located and after consideration of the factors specified in Section 9300 of this Zoning Bylaw, governing special permits. 3500. NONCONFORMING USES AND STRUCTURES 3510. Applicability. This Zoning Bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which this Zoning Bylaw, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder. 3520. Nonconforming Uses. The Board of Appeals may issue a special permit to change a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Board of Appeals: 3521. Change or substan hat less distance is desirable. In no case shall such distance be less than twenty (20) feet. 7324. On-site drained parking areas shall comply with Section 5100, and adequate provision for aisles and drives shall be provided. Visitor parking spaces shall be clustered and distributed throughout the site to complement the design and layout of the site and to ensure safe vehicular and pedestrian flow. Separate buildings for parking garages, if any, shall be located and designed so as to complement the apartment building design and site layout. Parking spaces located at the front of the site shall be suitably screened so as to not be viewed from the road. 7325. All dwelling units within apartment buildings shall have a minimum floor space area of four hundred-eighty (480) square feet. 7326. Except for detached single family dwelling units, no multifamily residential development containing eight (8) or more dwelling units shall have more than twenty percent (20%) of the total number of dwelling units with three (3) or more bedrooms. 7327. Easements and deeds shall be granted to the town to secure access to town facilities, utilities and land. 7328. Excepting master antennas serving one (1) or more buildings, exterior antennas for reception or transmission of electronic signals shall not be permitted. 7329. All multifamily developments shall require signage in accordance with Section 5300 to be located at all entrances to the multifamily development and in the case of apartment buildings, each building shall be designated by street numbering as determined by the Board of Assessors, and each unit number shall be clearly marked with numerals or letters of no less than six (6) inches in height and be of a clearly visible color. In the case of multifamily developments containing single-family detached dwelling units a permanent marker of engraved granite not greater than six (6) square feet in area shall be placed at the end of the driveway entrance to the multifamily development where it meets the public way and shall contain the diagram of the addresses of the properties as designated by the Board of Assessors. A similar, but smaller, marker shall be placed where the driveway meets the indi Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: one or more groups separated from adjacent property and other groups within the development by intervening open land, unless deemed otherwise by the special permit granting authority. A.residential cluster development shall conform to the following conditions: 1. Contain a minimum tract size of ten (10) acres in the RA, RB and RC Districts, and five (5) acres in the RD District. 2. The number of dwelling units shall conform to the existing density allowed in the corresponding zoning district after subtracting the area which contains wetlands as delineated by Conservation Commission. 3. A minimum of 40% of the total land area of the development shall be dedicated as common open space; no more than 25% of the land required as common open may be wetlands as defined in MGL Ch. 131, Section 40, or waterbodies. 4. There shall be a minimum width of 50 feet of buffer area between attached cluster buildings, and a minimum width of 50 feet of buffer area between attached clusters and the abutting property lines or street. These buffer areas shall provide suitable landscaping to screen and cluster buildings from each other, abutters, and streets year round. C. Required Open Land 1. At least 40% of the tract (exclusive of land set aside for roads and parking-) shall be open land. At least 75% of the open land shall be suitable for passive or active recreations use, and shall not be wetlands or land subject to seasonal flooding. 2. The open land, and such other facilities as may be held in common, shall be conveyed to one of the following, as determined by the Planning Board, subject to the following guidelines. In general, valuable natural resource land, such as wetlands not suitable for any public use or suitable for extensive public recreational use, should be conveyed to the Town or to a trust: whereas land which will be principally used by the residents of the cluster should be conveyed to any of the following: a. To a corporation or trust comprising a home association whose membership includes the owners of be allowed for the transfer of the unit to another eligible occupant. C. Density Incentives (1) Basic Senior Village Bonus. A Senior Village's base density is defined as four housing units per gross site acre except where noted above. To qualify as a Senior Village, a proposal shall, at a minimum: (a) set aside five percent (5%) of the total number of dwelling units provided on the site as affordable housing as defined in this Section; and (b) provide a minimum of thirty percent (30%) of the lot area as permanent, protected open space conforming to the open space standards as set forth in this Section. The minimum 30% open space requirements may be waived by the Board if the proposed Senior Village is within the RD General Residential District and includes the rehabilitation or renovation of a certified, historic or architecturally significant structure for use as senior housing. This enhanced base density for Senior Villages may be further increased according to the provisions below pertaining to: additional affordable housing; additional open space dedication; and rehabilitation of existing buildings. (2) Additional Affordable Housing. In addition to the minimum requirement of five percent (5%) on-site affordable housing, a density increase is permitted where proposals provide on-site housing opportunities for low or moderate income senior households. For the purpose of this Section, affordable housing shall be defined as dwelling units that are sold to, and occupied by, households earning up to 80% of the median area household income, as such median is defined by the United States Department of Housing and Urban Development (HUD). Affordable units shall, by deed restriction, remain affordable in perpetuity. The Planning Board will require that the Developer provide legally enforceable assurances, which are acceptable to the Planning Board, that the-affordable dwelling units will continue to be affordable in perpetuity. Affordable units shall be dispersed throughout the Senior Village and shall be externally indistinguishable from the ma of open space. The developer or charity shall grant a conservation restriction as set out in (a.) above. c. To the Town for park or open space use, subject to the approval of the Selectmen and Town Meeting, with a trust clause ensuring that it be maintained as open space. 3. Open space shall be restricted to recreational uses such as parks, playgrounds and conservation areas and shall not be built upon except as approved by the Planning Board. Only structures incidental for recreation, conservation or parks shall be allowed subject to approval by the Planning Board. These restrictions shall run with the deed in perpetuity. 4. All open space areas shall have dry access to the street suitable for use by maintenance and emergency vehicles. 5. The applicant shall submit a plan for maintenance of the open space area. 6. The applicant shall give evidence that a functional relationship exists between the open land and the proposed clusters. Such land shall be of such size, shape, dimension, character, and location as to assure its utility for park conservation or recreation purposes. E. Lot and Yard Requirements 1. Attached cluster units shall not exceed a total of four (4) units per building in the RA and RB districts and six (6) units per building in RC and RD districts. 2. These attached units, if designed as part of an association under single joint ownership, shall only meet the lot and yard requirements within this section. Density shall follow guidelines set forth in Section B.3 of this bylaw. 3. Detached cluster units shall conform to 2.6 except for the lot and yard requirements provided below: Minimum Lot Requirements,""RA, RB, RD"",RC Area (sq. ft.),""20,000"",N/A Width (ft.),80,N/A Frontage (ft.),80,N/A 4. No building shall exceed two (2) stories. F. Administrative Procedures The Planning Board, as the Special Permit Granting Authority (SPGA), shall adopt rules relative to the issuance of special permits and file a copy with the Town Clerk. The Planning Board shall no ng land located in the same Zoning District, at the time of the adoption of this By-Law, or 2. Is a lot or lots separately described in a deed or record at the time of the adoption of this By-Law, or 3. Is a lot or lots separately shown on any approved subdivision plan notwithstanding the amount of elapsed time since approval of said plan, or 4. Is a lot or lots shown on a plan which does not require Planning Board approval under the subdivision law, provided the plan carries the notation that no such approval is so required, and notwithstanding the amount of elapsed time since the notation was made through vote of the Planning Board. a. Provided that any lot referred to above contains at least 5,000 square feet and in the case of more than one non conforming, undeveloped and contiguous lots in common ownership not protected under Chapter 40A, shall be subject to the provisions of 2.5.5.3. 2.5.5.3 Combined and Replatted Lots Notwithstanding the provision of Section 2.5.5.2. the Board of Appeals, as permit granting authority may require two or more non-conforming, undeveloped and contiguous lots in common ownership to be combined: a. Whenever such combination creates less than one fully conforming lot. b. Whenever such replatting and combination of lots creates a lot in excess of the applicable area and frontage requirements; the combined lots may be replatted into as many fully conforming lots of the required frontage as is practicable without in turn retaining or creating non-conforming lots, provided that if such replat would create or retain one or more non-conforming lot or lots, the combined lots shall be replatted into as many lots as most nearly conform to the applicable frontage requirements; which replat fully utilizes all existing frontage represented through the combination of said lots, and which replat in no case creates a lot with frontage less than 80% of the applicable frontage requirements. c. Whenever lots subject to combination are in common ownership with a building or structure, so much of any such non-conforming lot which is subject to the requirements of combination shall be reserved where ownership of the land involved is the same person or rovisions relating to operational standards and permit procedures shall apply. G. Performance Bond: The Board of Appeals shall require that a performance bond, of a surety company authorized to do business in the Commonwealth of Massachusetts, be posted, in an amount determined by the Board of Appeals, as sufficient to guarantee conformity with the provisions of any permit issued hereunder. Cash may be deposited with the Treasurer of the town, to be held by the town as surety, in an amount equal to the surety required, in place of a bond. Such bond, and/or cash, shall not be released until there is filed with the Board of Appeals a certification from a registered engineer and an approval from: the Planning Board and the Zoning Enforcement Officer (Building Inspector) that the site conditions at the completion of all work are in accordance with the requirements of the permit. (Amended STM 10/13/94) 2.13.0 Residential Cluster Development A. Statement of Purposes: A residential cluster development may be authorized by special permit in the Town of Plainville in order to achieve the following objectives: 1. Flexible and sensitive site design; 2. Promotion of measures to ensure compatibility of growth and sensitivity to the natural environment; 3. Enhancement of residential and community amenities by provision of open space; 4. Promotion of economical and efficient use of roads, water and sewer lines and other related infrastructure; 5. Promotion of diverse and energy-efficient housing at a variety of costs; and 6. Protection of water bodies and supplies, wetlands, floodplains, agricultural lands, wildlife, and other natural resources. B. Definition and Applicability: Residential cluster development means a residential development in which the buildings and accessory uses are clustered together into one or more groups separated from adjacent property and other groups within the development by intervening open land, unless deemed otherwise by the special permit granting authority. A.residential clus Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: 5) Accessory buildings. Accessory buildings, may be constructed in front of side yards as described previously. No accessory building may be constructed more than two (2) stories high or within six (6) feet of any other building of the same lot. All walls of accessory buildings which face adjacent lots shall have a triangular yard space as described in 4. above, It is recommended that any accessory buildings be placed to help define yard spaces or to create privacy for yard spaces. 6) Walls and other site elements. It may be required where considered necessary by the Board of Appeals, that permanent walls, fences, hedges, or other plant materials be used to define exterior yard space§ and to increase privacy for windows or yard spaces. Any such structures must be of compatible and durable nature. These elements should be carefully placed in relation to structures and yards and should contribute to a sense of variety and spatial enclosure along the street. 401.07 Mixed Density (R-20MD) A) Intent. To encourage compact development within the various villages of the Town and thus discourage haphazard sprawl or scatteration of development further into rural areas. B) Allowed Uses. All uses allowed in R-20SL zones. C) Special Permit Uses. All uses authorized by special permit in R-20SL zones except those subject to Environmental Design Conditions and all village density development uses. D) Special Permit Uses Subject to Environmental Design Conditions. All uses authorized by special permit subject to Environmental Design Conditions in R-25 zones and all village density development uses. E) Special Permit Uses Subject to Adequate Facility Conditions Village density development F) Prohibited Uses. All uses prohibited in R-40 zones. G) Dimensional and Intensity Requirements. See Table 5. 401.08 Multi-Family (R-20MF) A) Intent. To encourage compact development, thus discouraging scattered, sprawling, inefficient patterns of development. To provide alternative types of housing for people of differing housing needs. To insure adequate open areas and high design quality through Environmental Design Conditions. B) Allowed Uses. All uses allowed in R-20SL zones. C) Special Permit Uses. All uses authorized by special permit except those subject to Environmental Design Conditions in R-25 zones. D) Special Permit Uses Subject to Environmental Design Conditions. 1)-- All uses authorized by special permit subject to Environmental Design Conditions in R-25 zones. 2)-- Multi-family and single family attached dwellings subject to the Environmental Design Conditions specified herein. E) Prohibited Uses. Any use prohibited in R-40 zones. F) Dimensional and Intensity Requirements. See Table 5, Table 8 and Table 9 herein. Table 8 - Multi-Family and Single-Family Attached Dimensional and Intensity Regulations ,TABLE,8, Multi-Family and,Single Family Attached,Dimensional and Intensity,Regulations ,MINIMUM LOT,REQUIREMENTS, Area,Least Dimension,Front Yard,Other Yard ""86,000"",200 Feet,30' Minor Street,2 Story: 30' ,,60' Collector Street,3 Story: 50' ,,100' Major Street, Net acreage may include up to 5% in water or in inaccessible wetland areas as determined by the Board of Appeals. Lot Utilization: Maximum floor area ratio, gross (FAR,G) =.45 (Total gross floor area/total site area) Minimum floor area net per dwelling unit = 768 sq. ft. Maximum building coverage (incl. accessory) = 25% Parking Requirements: Type Unit Min. Spaces Maximum Area For Parking 1.Bedroom 1.3 25% of site 2.Bedroom 2.0 ---or---3 Bedroom 2.6 Total Car Ratio = 0.83 4.Bedroom 3.0 (Parking area/Net floor area) whichever is least Total gross floor area is measured to the outside line of walls. Minimum useable open space 50% of site, exclusive of all above ground structures and vehicular facilities and rights-of-way. Number of dwelling units depends on the size of unit. G) EnVironmental Design Conditions. Multi-family and single family attached dwellings shall be subject to the following conditions and safeguards in addition to those specified in other sections. 1) Surrounding Areas. The site plan shall insure maximum compatibility with surrounding land uses and structures. The open space should normally create a greenbelt around the project to provide maximum buffering from more intense uses or traffic, to ease the transition to residential areas of lower density and preserve the overall natural character of the Town as much as possible. Where necessary, the Board of Appeals may specify adequate buffer planting. Where the site adjoins single family residential areas, the build Part IIISection 300 Lot Regulations 300.01 Lot Requirements for One Use Only No part of a yard or other open space, off-street parking or loading space, or other accessory space required in connection with any building shall be included as part of requirements set forth for any other building unless otherwise specifically provided. 300.02 Visibility In all zones on any corner lot there shall be no obstruction of vision between a height of three (3) feet and ten (10) feet by any building, wall, fence, hedge, or other construction or plant material within a triangular area formed by the intersecting street right-of-way lines and a straight line joining said right-of-way lines at points fifteen (15) feet from the intersection in residential districts or ten (10) feet in other districts. When no right of way exists, points on the street edges thirty (30) feet from the intersection shall be used. Exceptions may be made for utility and lighting poles, traffic signs, and trees (the branches of which are to be kept trimmed to a height of ten feet). 300.03 Accessory Buildings Except as may be allowed by Special Permit subject to Environmental Design Conditions, Sections 205, 401, no accessory building shall be erected in any required front, side, or rear yard or within ten (10) feet of any principal building. 300.04 Numbers of Buildings on a Lot Only one principal residential building shall be allowed on a single lot except as provided in Section 310 Planned Unit Development and Section 401.08 R20 MF Multi-family. In any commercial zone and the Airport Zone more than one principal non-residential structure may be erected on a single lot by special permit from the Board of Appeals subject to E.D.C. provided that: (1) The entire lot and all structures are planned and designed as a unified complex; and (2) all principal structures shall provide all required yard and other facilities as though located on a separate lot, unless the particular functions and designs of the complex may warrant modification in these standards In the Light Industrial (LI) District m pecial permit and Environmental Design Conditions an procedures as specified in Section 205. K) Transfer of Development Rights Residential density permitted in an RDD may be increased with the transfer of development rights from other parcels of land, whether contiguous or noncontiguous, within any Rural Residential Zoning District and as specified in Section 401.19 Recreational Development, F) Planning Principles and Requirements, Transfer of Development Rights. **Webmasters Note: The previous subsection (K) has been added as per Case No. 2039 from town meeting dated 4/6/02. 401.24 Mixed Commerce (MC) A) Intent The intent of the Mixed Commerce District is to provide for a mix of retail and industrial uses in an area geographically suited to commerce activities. The district encourages a mix of low intensity industrial uses as well as larger retail uses. B) Allowed uses 1. Office Buildings, laboratory, research facilities, and other campus-type office structures or groups of structures less than 10,000 square feet in size on adequately buffer sites. 2. Hotels and motels less than 10,000 square feet in size. 3. Wholesaling, warehousing, and distribution facilities less than 16,000 square feet in size. C) Special Permit Uses 1. Technical schools or other training facilities on spacious adequately buffered sites. 2. Contract construction, utilities contractors, building supply and lumber yards, but not to include junkyards, saw mills, concrete or cement mixing plants, asphalt plants and the like. 3. Retail uses under 10,000 square feet in size. 4. Commercial recreation uses such as theaters, bowling alleys, swimming polls, and gymnasiums. 5. Office buildings, laboratory, research facilities, and other campus-type office structures or groups of structures greater than 10,000 square feet in size on adequately buffered sites. 6. Hotels and motels greater than 10,000 square feet in size. 7. Wholesaling, Warehousing, and distribution serve the overall natural character of the Town as much as possible. Where necessary, the Board of Appeals may specify adequate buffer planting. Where the site adjoins single family residential areas, the building heights, masses, spacing, and setbacks from the lot line shall be compatible with those of the single family area; and the Board of Appeals may require that the scale of intensity of the development be lowered in portions of the site where these relationships are critical. 2) Vehicular Circulation. Streets within any multi-family complex shall be a minimum of twenty (20) feet in width, except in portions of the complex where the possibility of occasional on-street parking or other congestion may require a minimum of thirty (30) feet. The design guidelines and standards of Section 304.03 shall apply where appropriate. Where appropriate, streets and rights of way shall be provided to the edges of the property to provide for necessary linking of the street system to that of adjacent developments or to future developments. 3) Parking. All parking shall be provided in off-street lots; and no parking shall be arranged to require backing into a street within the complex, although exception may sometimes be made for small cul-de-sacs serving complexes of twenty (20) dwelling units or less. Special areas shall be provided for the storage of large equipment such as camper trailers, boats and trailers, utility trailers and similar items, and guest parking. These shall be provided at a ratio of one space per five (5) dwelling units. Wherever possible, parking areas shall be separated into small lots of less than twenty (20) cars to promote a residential scale. Large parking areas shall be visually interrupted by trees and/or shrubs of a meaningful height (at less three feet). The total mass of parking on the site, whether in s Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: plication for special permit for the accessory apartment and the owner/applicant shall continue to reside in the main dwelling throughout the duration of the Special Permit. C. Only one accessory apartment shall be permitted per single family house. D. Other than handicapped access, no exterior alteration can change the appearance of the dwelling as a single family home. E. Any additional parking areas shall be accessed by the driveway serving the main dwelling. F. The accessory apartment shall contain a minimum of 400 square feet and a maximum of 650 square feet of dwelling area: The accessory apartment shall be located only within the existing habitable structure, or within an addition to the existing habitable structure, subject to the provisions of Subsection I. [Amended 5-14-2001 ATM, Art. 48] G. All Board of Health and Building Code criteria must be met. H. The occupants of the accessory apartment must be related to the owner/occupant of the main dwelling as either mother, father, stepmother, stepfather, child, stepchild, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild. The owner/occupant shall state the name(s) of the proposed tenants and their relationship on the application for Special Permit. I. Any increase in size of the main dwelling unit shall be limited to 5% of the existing habitable living space of that dwelling and shall meet all zoning requirements. J. The Special Permit shall terminate upon any of the following events: (1) Sale of the premises. (2) Residence by a person not named in the Special Permit, except residence of the new born child, adopted child, or a person caring for the tenant such as a nurse, nurse's aide or other health care worker or caretaker. (3) Residence by a boarder or lodger in either the main house or accessory apartment. (4) The death of a single tenant named as the sole tenant on the application for a Special Permit. K. Upon the termination of the Special Permit, the residence sha § 415-30. Minimum required upland. [Amended 5-17-1999 ATM, Art. 28] Lots in any District must contain a minimum of 22,000 square feet of land that is not a body of water, an area protected under MGL c. 131, § 40 (the Wetlands Protection Act), including any bank, river, riverfront, wetland, beach, dune, flat, marsh, meadow or swamp. § 415-31. Swimming pool fencing and setbacks. [Added 6-6-1994 ATM, Art. 30; amended 5-12-2003 ATM, Art. 48] All fences required by the Inspector of Buildings to be installed around swimming pools, shall be maintained and repaired in good condition. Any component of an in-ground or above ground swimming pool including but not limited to decks, aprons or overhangs shall set back a minimum of five feet from all property lines. § 415-32. Accessory apartment within single-family dwelling. [Added 6-6-1994 ATM, Art. 26; amended 5-19-1997 ATM, Art. 52; 5-17-1999 ATM, Art. 29] The Zoning Board of Appeals may authorize an accessory apartment within a single family by Special Permit in all residential and business districts provided that the Board finds the following criteria have been met. A. The dwelling must be in existence for a minimum of 24 months, and must not have been substantially altered for 24 months prior to filing the application for a Special Permit. Provided that if there is an existing in-law apartment in a dwelling which was constructed under a Special Permit prior to the adoption of this accessory apartment regulation, the twenty-four-month period shall not apply and the accessory apartment shall be governed by the dimensional requirements of the original Special Permit. [Amended 5-13-2002 ATM, Art. 22] B. The owner/applicant shall have continuously resided in the main dwelling for a least 24 months prior to filing the application for special permit for the accessory apartment and the owner/applicant shall continue to reside in the main dwelling throughout the duration of the Special Permit. C. Only one accessory apartment s ling, nor shall the floor area provided for the resulting conversion unit or units be less than 650 square feet for each unit, and adequate off street parking will be provided. The new dwelling unit/units will adhere to and meet or exceed all current building, safety, health, fire codes and any other applicable codes, bylaws, regulations and ordinances. (b) The conversion of a two, three, or multi-family dwelling existing at the time of this bylaw into a three-family dwelling or multi-family dwelling beyond its current dwelling status may be allowed by the Zoning Board of Appeals under the Special Permit process provided that the proposed conversion will be properly zoned, and the exterior design of the structure will not be changed from the buildings original character, nor shall the floor area provided for the resulting conversion unit or units be less than 650 square feet for each unit, adequate off street parking will be provided. The dwelling unit/units will adhere to and meet or exceed all current building, safety, health, fire, and any other applicable codes, bylaws, regulations and ordinances. (c) Conversions of non-dwellings into dwellings. The conversion of a non-dwelling, which is any building which has principal use as that other than a dwelling, into a dwelling shall adhere to all the conversion requirements of a single-family dwelling provided that the non-dwelling is an accessory use of a residence zoned building. (d) The conversions of schools, retail/wholesale establishments, and other industrial, or commercial buildings into dwelling will be allowed by the Zoning Board of Appeals under the Special Permit process provided that: [1] The conversion will be properly zoned; [2] Exterior design shall be in harmony with neighborhood and general character of the Town; [3] Landscaping will be included in the conversion to enhance conversion; [4] Dwelling units floor area will not be less than 650 square feet. G. Traffic impact review. (1) The following uses shall require the submission of a traffic impact report to the Planning Board: (a) The prop al condition or be densely planted and in the opinion of the SPGA, provide suitable screening of abutting properties, except for access roadways. The SPGA may reduce the width of the buffer at appropriate locations, taking into account the character of open space use of abutting properties or the existence or requirement of buffer thereon. § 415-66. Building and dwelling unit requirements. A. No building or structure shall have a height greater than 36 feet or three stories. B. Dwelling units shall contain no more than two bedrooms. All dwelling units shall be detached or attached only along sidewalls in the so-called ""townhouse"" style, and no building shall contain more than four units. No mobile homes shall be allowed. C. Accessory buildings and structures for use by residents and their guests may be permitted, including clubhouse or community center, swimming pool, and tennis court, as well as storage and maintenance structures intended to service the PRDS. Such accessory buildings and structures shall be shown on the site plan. D. Multiple buildings shall be allowed on a single lot. E. Architectural style shall be in harmony with the prevailing character and scale of buildings in the neighborhood and the Town through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. Variation in detail, form and siting shall be used to provide visual interest and avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate light, air, circulation, and separation between buildings. § 415-67. Land use density. The total number of dwelling units shall be limited to four units per upland acre. For purposes of the dwelling unit calculation, the land area used shall not include any wetlands as defined by the Massachusetts Wetlands Protection Act. § 415-68. Total number of PRDS units in Town. The SPGA shall not approve a Special Permit for a PRDS which would cause the total number of PRDS dwelling units for which Special Permits have been issued ( Developments and Multi-Family Housing Developments in Rockland. (5) Any other Districts that may be, in the future, created from the present Single-Family Residential Districts in Rockland. § 415-95. Criteria. A. The DRB's central purpose is to avoid design that would have a negative affect and consequences for the residents of Rockland in general, for nearby residents, or for the remainder of the Districts involved. The DRB is precluded from mandating any official ""aesthetic"" for Rockland or for imposing the style, and/or character of any particular architectural or historical period. B. The following design criteria shall be used by the DRB in reaching its recommendation of APPROVAL or DISAPPROVAL. (1) The design for the proposed project shall not have a deleterious affect upon nearby properties, the balance of the District involved, or upon the design character of Rockland. (2) Insofar as practicable, the proposed design shall preserve the landscape in its natural state by minimizing tree and soil removal and any grade changes shall be in keeping with the general appearance of neighboring and abutting areas. (3) Open space should be so designed as to add to the visual amenities of the vicinity for persons passing the site, persons within the site, and persons overlooking the site from nearby properties. (4) Vehicular ingress, egress, access and parking and/or pedestrian circulation shall not adversely affect the use and enjoyment of nearby properties, or shall be in keeping with the standards of good design. (5) Exposed exterior storage areas, machinery, service areas, loading areas, or utility structures shall be adequately screened and shall not be incongruous with the remainder of the proposed environment and its surroundings. (6) Signs or other advertising through their size, location and other characteristics shall not distract from the proposed buildings, nearby properties, the remainder of the District, or the design character of Rockland. C. The DRB may develop material Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: units suitable for occupancy by such persons, while ensuring compliance with the local planning standards and policies concerned with land use, building design, and requirements of the health, safety, convenience and general welfare of the inhabitants of the Town. 5520. Conditions and Requirements. An owner or owners of a single family dwelling in Single Residence District ""A"", ""C"" or Wayside Inn Historic Preservation Zone may apply to the Board of Appeals for a Special Permit for the creation and occupancy of a single accessory dwelling unit in a detached single family dwelling. Such application shall be accompanied by the application fee established by the Board of Appeals. After such notice and public hearing, and after due consideration of the report of the Board of Health, (and the Historic Districts Commission, where applicable), the Board of Appeals may grant such Special Permit provided that each of the following conditions and requirements is met: 5521. Occupancy a. Such unit shall be occupied by not more than four persons related by blood, adoption or marriage to the family owning and residing in the principal dwelling; or b. Such unit shall be occupied by not more than two domestic employees of the family owning and residing in the principal dwelling; or c. Such unit shall be occupied by a low or moderate income family with income not to exceed 80% of the regional median household income established in the Local Initiative Program Guideline of the Executive Office of Communities and Development (as the same may be amended from time to time). 5522. The accessory dwelling unit shall be located within the single family dwelling or its attached accessory structures in substantially the same size as they existed on the day of adoption of this section or, for single family dwellings not in existence on such day of adoption, as they have existed for five years prior to the application for such Special Permit. Such status shall be verified in the records of the Building/ Inspection Department. A single family dwelling shall be deemed to comply wi ARTICLE 5000. ALTERNATIVE RESIDENTIAL REGULATIONS. 5100. CLUSTER DEVELOPMENT. 5110. Purpose. The purpose of Cluster Development is to maintain land use density limitations while encouraging the preservation of common land for conservation, agriculture, open space, and recreational use; to preserve historical or archeological resources; to protect existing or potential municipal water supplies; to protect the value of real property; to promote more suitable siting of buildings and better overall site planning; to promote better utilization of land in harmony with neighboring parcels, with its natural features and with the general intent of the zoning bylaw through a greater flexibility in design; and to allow more efficient provision of municipal services. 5120. Applicability. The Planning Board may grant a Special Permit for a Cluster Development in Single Residence ""A"", Single Residence ""C"" and the Wayside Inn Historic Preservation Residential Zone Districts for single family detached dwellings and accessory structures, subject to the provisions of this Section 5100. 5130. Standards. The following standards shall apply to all Cluster Developments: 5131. Minimum Tract Size. Cluster Developments shall be located upon a single tract, in common ownership with definite boundaries ascertainable from recorded deed or recorded plan, having an area of at least 10 acres and undivided by land of separate ownership or by a private or public right-of-way. 5132. Number of Building Lots Permitted. The total number of building lots in a cluster development shall be no greater than the number of building lots that would otherwise be allowed in the district in which the land is located. For purposes of this section, ""building lot"" shall mean any lot found by the Planning Board, Board of Health and Conservation Commission, at the time of application, assuming compliance with the Zoning Bylaw, to be suitable for the construction thereon of residential dwelling units under the rules and regulations of the Town of Sudbury and t xisted for five years prior to the application for such Special Permit. Such status shall be verified in the records of the Building/ Inspection Department. A single family dwelling shall be deemed to comply with the requirements of this subsection if any alteration or enlargement thereof subsequent to said day of adoption or within the said five year period does not increase the floor area of said dwelling, as hereinafter defined, by more that fifty (50) square feet. For dwellings in existence on the day of adoption which have been increased in floor area by more than fifty (50) square feet subsequent to the day of adoption, no special permit hereunder may be issued until after the expiration of five years from the last such alteration or enlargement. On request of the applicant, the Board of Appeals may waive all or a portion of any applicable five year period if it finds that such waiver will further the purposes of this section. 5523. The accessory dwelling unit shall be a use incidental to the single family dwelling, shall contain no more than 1,200 square feet, and shall occupy no more than 30% of the floor area of the single family dwelling and its attached accessory structures. Floor area is defined herein as the actual heated living area and does not include unfinished basements, attics, or storage spaces. 5524. There shall be no more than one single accessory dwelling unit per building lot. 5525. The owner of the dwelling in which the single accessory dwelling unit is created shall reside in the dwelling, either in the principal dwelling unit or the accessory dwelling unit. If the owner resides in the accessory dwelling unit, occupancy of the principal dwelling unit must be by persons satisfying the relationship or income criteria herein. For the purpose of this subsection, the ""owner"" shall be one or more individuals who constitute a family, who hold title to the dwelling, and for whom the dwelling is the primary residence for voting purposes. If the lot on which the single accessory dwelling unit is to be located is owned by the Town of Sudbury, the owner- h the purposes of Cluster Development as stated herein; the Cluster Development duly considers the existing and probable future development of surrounding areas; the layout and design of the Cluster Development minimizes disturbance to the natural site features; the Cluster Development responds to the recommendations of Town Boards and Agencies; the granting of the special permit would not result in unsuitable development of the land in question; and the development of the tract as a conventional subdivision would not be consistent with the purposes of this Section. 5171. Special Permit Conditions. The Planning Board shall grant a special permit for a Cluster Development if it appears that the granting of such permit will be consistent with the intent of cluster development, and will result in suitable development in compliance with the standards enumerated in this bylaw. The Planning Board may impose further restrictions upon the tract as a condition to granting the special permit as the Planning Board shall deem appropriate to accomplish the purposes of this bylaw. 5172. Common Land Conveyance. If a special permit is granted under this section, the Planning Board shall impose as a condition that the common land shall be conveyed, free of any mortgage interest, security interest, liens or other encumbrances and subject to a perpetual restriction of the type described above, prior to any construction or alteration of the land. The petitioner shall provide satisfactory assurance of said conveyance recording in the form of copies of the recorded instruments bearing the recording stamp. 5173. Changes of Cluster Development Plan. Any change in the number of lots, the layout of ways, any significant changes in the common open land, its ownership or use, or in any conditions stated in the original special permit shall require that a new special permit be issued in accordance with the provisions of this Bylaw. 5174. Limitation of Subdivision. No lot shown on a plan for which a permit is granted under this section may b the office of directors and officers of the corporation or non-profit organization or of trustees of the trust; f. Procedures for the conduct of the affairs and business of the corporation, trust or non-profit organization, including provisions for the calling and holding of meetings of members, directors and officers of the corporation or non-profit organization or beneficiaries and trustees of the trust, and provisions for quorum and voting requirements for action to be taken. Where the common land is to be owned by a corporation or trust owned or to be owned by the owners of dwelling units within the cluster development, each owner of a dwelling shall have voting rights proportional to his ownership or beneficial interest in the corporation or trust; g. Provisions for the management, maintenance, operation, improvement and repair of the common land and facilities thereon, including provisions for obtaining and maintaining adequate insurance and where applicable levying and collecting from the dwelling owners common charges to pay for expenses associated with the common land, including real estate taxes. Where the common land is to be owned by a corporation or trust owned or to be owned by the owners of dwelling units within the cluster development, it shall be provided that common charges are to be allocated among the dwelling owners in proportion to their ownership or beneficial interests in the corporation or trust and that each dwelling owner's share of the common charges shall be a lien against his real estate in the Cluster Development which shall have priority over all other liens with the exception of municipal liens and first mortgages of record; h. The method by which such instrument or instruments may be amended. 5150. Application for a Special Permit. Any person who desires a special permit for a Cluster Development shall submit a written application to the Planning Board. Each such application shall be accompanied by the following information: 5151. A ""Cluster Development Sit Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: all conform to the following requirements as to square footage, frontage, set-backs, square feet of land per unit, number of units per building, buffers, number of bedrooms per unit, and area of living space. 2. Table of Dimensional Requirements. ,District, ,A,B Minimum lot area in square feet,""240,000"",""600,000"" Minimum street frontage on existing public way,200 ft.,100 ft. Minimum setback from street side line of existing public way,100 ft.,65 ft. Minimum setback from street centerline of existing public way,125 ft.,N/A Minimum setback from lot line,100 ft. (a),65 ft. Square feet of land per unit (b),""30,000"",""10,000"" Number of units per building,2 to 8,4 to 8 ""Buffer maintained in natural state, or landscaped, around perimeter of lot."",50 ft,25 ft. Minimum garage distance from lot line,65 ft..,45 ft Minimum setback from side line of road located within the lot,20 ft.,20 ft. Minimum setback from center line of road located within the lot,45 ft..,45 ft Maximum average number of bedrooms per unit,2,N/A Minimum floor area of living space in square feet,750,750 Notes (a) In cases where a lot line is adjacent to permanent conservation land, a railroad, or certain other types of municipal open land which in themselves serve as buffers, the minimum setback from lot line may be 65 feet. (b) The number of square feet of land per unit shall consist entirely of land outside the Wetlands and Flood Plain Protection District. ***** 3. The aggregate of all dwelling structures in Multiple Dwelling Districts shall not cover more than 20% of the lot upon which they are built. The aggregate of all structures and off-street parking areas, whether or not covered, in Multiple Dwelling Districts shall not cover more than 30% of the lot upon which they are built or located. 4. No garage structure shall measure more than 100 feet in length and no other building shall measure more than 250 feet in length. No garage structure shall exceed a height from the ground of one story. All buildings shall be separated from other buildings by a distance of at least 25 feet, and a garage shall educational corporation, in accordance with G.L. c. 40A, §3; and iii. Child Care Facility, in accordance with G.L. c. 40A, §3; provided that: off-street parking is provided in accordance with Section VIII.A ""Regulations for off-Street parking"" and height, setbacks and lot area are maintained in accordance with the requirements for the District in which the land, buildings, or structures are located. d. Upon issuance of a special permit, activities necessary in connection with scientific research or scientific development or related production, which are accessory to activities permitted in the district as a matter of right, provided the Special permit Granting Authority finds that the proposed accessory use does not substantially derogate from the public good. 4. All other uses of buildings, structures and land shall be subject to the requirements and limitations set forth in this Zoning By-law for the zoning district(s) in which the particular building, structure or land is located, including, Accessory Uses in connection with lawful Principal Uses. Accessory Uses are subject to the same special permit and/or site plan approval requirements as the principal use(s) served. B. SINGLE FAMILY RESIDENCE DISTRICTS (A, B, C and D) 1. By-Right Uses a. Unless located on a lot which bounds on a Scenic Road as defined in Section II, single family detached dwelling containing one housekeeping unit only, together with accessory buildings not containing a housekeeping unit. The number of such dwellings with such accessory buildings on any one lot shall not exceed the number which can be located thereon in conformity to Section VI, Subsection F.2., ""Numbers and Location of Dwellings on One Lot""; The Residential Gross Floor Area ""RGFA"" of any new or replacement single family dwelling use constructed pursuant to a building permit issued on or after October 29, 1998, may not exceed the greater of 3,500 s.f. or 10% of the lot ar District. Each such buffer strip shall be either landscaped or left in its natural state. 8. Utilities And Services. a. All utilities to be utilized in connection with the multiple units shall be installed under the surface of the ground. b. The lot upon which multiple dwellings are constructed shall be supplied with a septic or sewage system or systems acceptable to the Board of Health and with Town water and adequate street lighting. Suitable fire alarms and police call boxes in sufficient numbers to afford health, fire, and police protection for the residents of the multiple dwelling units shall be provided. 9. Long Term Care Facility. Where a Long Term Care Facility is allowed with Site Plan Approval and by Special Permit, the Dimensional Requirements for Multiple Dwelling Districts shall be modified in the following respects: a. Buffer to be maintained in natural state a minimum of 100 feet from street side lines and lot lines. Driveways and underground utility lines may cross the buffer area. b. Number of units per Building: Not Applicable. c. Minimum floor area of living space in square feet: Not Applicable. d. Section VI.C.4.: Not Applicable. BUSINESS, OFFICE & RESEARCH AND DEVELOPMENT, AND COMMERCIAL DISTRICTS 1. Minimum Requirements. Every lot in the Business, Office and Research and Development and Commercial Districts shall have the lot size, frontage and access on a street of at least the distance, and the width at the street setback line as specified in the following table. Every building or structure in such districts shall be so situated as to have at least the buffer setback from the street sideline and from all lot lines specified in such table. The ratio of the total area of the floor space of all buildings on any lot to the total area of such lot shall not exceed the ratio specified in such table. The total portion of a lot in such district covered by parking areas shall not exceed the percentage specified in such table. 2. Table of Dimensional Requirements. District ,,,, ,Business A,Business B,Office & R tion. 7. The Board of Health has issued a favorable recommendation as to the suitability of the subsurface disposal system for the proposed Accessory Apartment. Such recommendation may include conditions which, in the opinion of the Board of Health, are necessary to ensure standards in keeping with public heath interests. 8. Sufficient and appropriate space exists on the lot for at least one additional off-street parking space to serve the Accessory Apartment in addition to the off-street parking spaces required to serve the Single Family Dwelling. Said additional parking space, whether already existing or to be constructed, shall have a gravel or paved surface, and shall be accessed from the driveway serving the Single Family Dwelling to be altered or the Accessory Building to be converted. 9. The owner or owners of the property shall live either in the Single Family Dwelling or in the Accessory Apartment. In granting a Special Permit for an Accessory Apartment, the Special Permit Granting Authority may impose reasonable conditions, including a requirement that the applicant post security in the form of a bond or cash deposit for the performance of representations and agreements made by the applicant in connection with the special permit application. A Special Permit for an Accessory Apartment shall provide that the Special Permit shall lapse upon transfer of title to the subject property unless the transferee applies for a renewal of the Special Permit within six months of the date of transfer and the renewal is subsequently granted. H. FLEXIBLE DEVELOPMENT REQUIREMENTS AND PROCEDURES 1. Applicability An owner or owners of land in a Single Family Residence District may apply to the Planning Board for a Special Permit for Flexible Development under this Section VI.H. This will exempt such land from the lot area, frontage, setback and other applicable dimensional requirements set forth in the Table of Conventional Dimensional Requirements of this Zoning By-Law in order to fulfill the purposes of Flexible Development. The Planning Board shall be the Special Permit Granting Auth by the intersecting sidelines of any street or way, whether public or private, and a line joining each sideline at points 35 feet distant from the point of intersection of the sidelines: in the case of rounded corners the distance shall be measured from the point of intersection of the side lines when projected. The provisions of this Subsection shall not require the removal of any existing tree whose entire foliage is not less than 10 feet above its base and whose trunk is not of a size or shape to obstruct the view of traffic for operators of motor vehicles. 2. Number and Location of Single Family Dwellings on One Lot Except as may be permitted in an AARD, the number and location of single family dwellings on any one lot shall be such that every dwelling (and its accessory structures) can be provided sufficient land to form a separate lot which will itself be in full conformity to the regulations of this Section VI, and on which every dwelling (and its accessory structures) will be in full conformity thereto; and upon alienation of any such dwelling it shall be provided with such a lot and every dwelling remaining on the original lot shall be left capable of being provided with the same. 3. Gross floor Area Limitation In all Single Family Residence Districts, for any use other than single family detached dwelling, church, or other religious purpose, educational purpose if conducted by a religious or non profit entity, or municipal purpose, the gross floor area (as defined in the State Building Code) of any buildings and parking structures divided by the total lot area shall be no greater than 0.10; and all lots and structures relating to any such use shall conform to the dimensional requirements of the residential district where they are located. Any project granted Site Plan Approval by the Planning Board before April 18, 1991 is not subject to the provisions of the paragraph provided that such project obtains any required Special Permit by May 6, 1992. G. ACCESSORY APARTMENT The Special Permit Granting Authority may authorize, in any Residential District, the alteration of a Sing Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: SE development and contribute to the MIXED-USE character of the district as a whole. To qualify for a MULTI-FAMILY housing SPECIAL PERMIT, the applicant must integrate dwelling units with a proposed commercial development. Integration may be achieved by one or both of the following methods: 9.10.1.1. Locating units above the ground floor of a commercial building, i.e., an accessory dwelling in a structure occupied principally for commercial uses. 9.10.1.2. Constructing ""free-standing"" or separate MULTI-FAMILY buildings on the same lot, provided they are located behind a commercial development that is oriented toward Route 110 and are connected to the commercial development by pedestrian walkways, appropriate landscaping, lighting and other elements of the site plan. 9.10.1.3. The Town strongly prefers that some of units be located above the ground floor of one or more commercial buildings in a development, and the Planning Board may require the same as a condition of SPECIAL PERMIT approval. 9.10.2. The following density and dimensional rules shall apply to MULTI-FAMILY housing: 9.10.2.1. No more than 60% of the GROSS FLOOR AREA of a proposed MIXED-USE development shall be used for MULTI-FAMILY dwelling units. 9.10.2.2. Multi-Family dwellings shall not exceed six units or twelve bedrooms per acre. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held 4/30/07. 9.10.2.3. A building designed exclusively for MULTI-FAMILY use shall contain no more than six units, and shall not exceed a building height of 35 feet and two and one half stories. 9.10.2.4. Buildings designed exclusively for MULTI-FAMILY housing shall avoid monotonous, look-alike designs and promote high standards of exterior quality and appearance. 9.10.3. Parking. Applicants shall provide 1.5 parking spaces per one-bedroom unit and 2 parking spaces per two- or three-bedroom unit. At least one space per unit shall be located so as to provide convenient access to its assigned dwelling unit. Parking garages will be permitted as a parking space if located and designed so as to complement the building design and site layout. 9.10.4. Setbacks. All buildings must be located at least 50 feet from any side or rear LOT nd is one that is usual to maintain in connection with the primary use of the LOT. ADULT USES (OR ADULT ENTERTAINMENT USES) shall include any or all of the following: 1. Adult Bookstore - An establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other matter which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in G.L. c. 272, Section 31.. 2. Adult Motion-Picture Theater - An enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in G.L. c. 272, Section 31. 3. Adult Paraphemalia Store - An establishment having as a substantial or significant portion of its stock-in-trade devices, objects, tools or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in G.L. c. 272, Section 31. 4. Adult Video-Store - An establishment having as a substantial or significant portion of its stock-in-trade videos, movies or other film material which is distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in G.L. c. 272, Section 31. AFFORDABLE HOUSING : As used in this Bylaw, ""affordable housing"" is sub-classified as ""low- and moderate-income housing"" and ""BELOW-MARKET housing,"" according to the following meanings: 1. LOW- OR MODERATE-INCOME housing: housing occupied by households with incomes at or below 80% of area median income, as determined and published from time to time by the U.S. Department of Housing and Urban Development. Low- and moderate-income housing must meet the requirements of the Local Initiative Program, 760 CMR 45.00, and be approved for inclusion in the SUBSIDIZED HOUSING INVENTORY under G.L. c.40B, Sections 2023, prior to the issuance of an occupancy permit. A housing unit will generally be c se occupants. 21.6.2.5.1. The total area of attached SIGNS, including the attached directory SIGN, shall not exceed 10% of the total area of a single. facade wall. 21.6.2.5.2. The owner shall submit with a SIGN permit application an overall Signage plan for the building. 21.6.2.6. Larger or taller freestanding directory SIGNS may be allowed by SPECIAL PERMIT from the Zoning BOARD OF APPEALS, but not to exceed 25 square feet in area and not to be more than 10 feet above ground level. 21.6.3. Rural Highway and Highway Service Districts 21.6.3.1. SIGNS as permitted in residence districts, except that temporary real estate SIGNS may be as large as 10 square feet. 21.6.3.2. One, SIGN for each street upon which the premises has FRONTAGE, identifying LOTS for development. This SIGN shall be no greater than eight feet in height and no larger than 25 square feet in area unless the Zoning BOARD OF APPEALS grants a SPECIAL PERMIT if a larger SIGN if required for legibility. 21.6.3.3. SIGNS for individual properties or tenants shall be limited to a single SIGN no larger than three square feet per tenant. The BOARD OF APPEALS may grant a SPECIAL PERMIT for an exception for a larger area where this will not impair legibility of other SIGNS or be incongruous with the surroundings, based upon consideration of the number of occupants and SIGNS per building, size of building and integration of SIGN and building design, as well as the considerations of Section 21.7 below. 21.6.3.4. In acting on SPECIAL PERMITS for exceptions the BOARD OF APPEALS shall take into account the character of the proposed SIGN, its relationship with the building and size of the building, the subject matter of the SIGN, the impact of the SIGN upon the roadway and such other factors as it deems appropriate to give assurance that the public interest will be protected. 21.6.3.5. The use of neon or similar gaseous tube SIGNS is prohibited, except for back-lighted SIGNS. Fluorescent illumination may be used only for internal illumination on a lighted SIGN. 21.6.4. Office-Industrial District 21.6.4.1. SI eling to add visual interest to the corner. 11.10.4.6. Where building elevations are oriented to the street, architectural features such as windows, pedestrian entrances, building offsets, projections, detailing, change in materials or similar features, shall be used to break up and articulate large building surfaces and volumes. 11.10.4.7. Recessed entries, canopies, and/or similar features shall be used at the entries to buildings in order to create a pedestrian-scale. 11.10.5. Outdoor Storage. 11.10.5.1. No material or supplies shall be stored or permitted to remain on any part of the property outside the building. 11.10.5.2. Outdoor storage and/or display of merchandise or equipment. No open storage or display shall be permitted in any setback area. 11.10.5.3. Any finished products or semi-finished products stored on the property outside of the building shall be confined to the rear one-half of the property and shall be appropriately screened on all sides, but shall in no instance be placed on the side of a building paralleling the street. Storage or display areas shall be adequately screened by a fence or landscaping so as not to be visible from any road or highway . 11.10.5.4. No materials or equipment stored on a LOT shall project above the eave line of the tallest building on the LOT. 11.10.5.5. No waste material or refuse shall be dumped upon or permitted to remain upon any part of said property outside of a building. 11.10.6. Loading zone. Adequate off street loading shall be provided only at the side or rear of the building. Such loading space shall be provided on the LOT to service all loading requirements of the industry or use conducted thereon without requiring use of adjacent public streets, WAYS or required setback area thereof. 11.10.7. SIGNS. No display SIGN or other advertising device shall be permitted in the Office-Light Industrial District, except under the following conditions: 11.10.7.1. SIGNS must identify or otherwise relate to the primary use of the building and may not be used for other purposes, except that, on a vacant LOT, a non-illuminated real estate SIGN advertising the sale of the L nd Structures Permitted by Special Permit. In the Birch Meadow Overlay District, the Planning Board may issue a SPECIAL PERMIT for the following uses except that where an accessory apartment or the conversion of a single-family dwelling is allowed by special permit, the Special Permit Granting Authority shall be the Board of Appeals in accordance with Article 17, Accessory Dwelling Units and Conversion of Existing Single Family Dwellings; 6.12.4.3.1 One accessory dwelling unit in a single-family dwelling in existence for at least five years prior to the application for a building permit, subject to ""Accessory Dwelling Units and Conversion of Existing Single-Family Dwellings"" in Article 17 of this by-law. 6.12.4.3.2 The conversion of a single-family dwelling in existence for at least ten years prior to the application for SPECIAL PERMIT to a two-family dwelling, subject to ""Accessory Dwelling Units and Conversion of Existing Single-Family Dwellings"" in Article 17 of this By-law. 6.12.4.3.3 Home specialty retail. 6.12.4.4 Prohibited Uses All uses prohibited in the underlying district shall be prohibited in the Birch Meadow Overly District. 6.12.5 Dimensional and Intensity Regulations The following dimensional and intensity regulations shall apply in the Birch Meadow Overlay District, except that if a LOT is determined by the rules of Article 14 to be within a Water Resource Protection Overlay District, then the more restrictive regulations of Article 14 shall prevail. 6.12.5.1 Minimum Lot AREA: 20,000 square feet. 6.12.5.2 Minimum FRONTAGE: 100 feet. 6.12.5.3 Minimum Lot Width: 80 feet. 6.12.5.4 Maximum Building Height (Feet) 35 feet. 6.12.5.5 Maximum Building Height (Stories) 2 1/2 stories. 6.12.5.6 Maximum LOT COVERAGE: 30%. 6.12.5.7 Minimum Front Yard Setback: 15 feet. 6.12.5.8 Minimum Side Yard Setback: 15 feet. 6.12.5.9 Minimum Rear Yard Setback: 15 feet. 6.12.6 Site Plan Review and Special Permits in the Birch Meadow Overlay District The site plan review and special permit procedures and decisions standards that apply in the Agricultural Residential District shall also apply in the Birch Meadow Overlay District. 6.12.7 Signs One SIGN only shall be permitted at the entrance to the site, in accordance with the SIGN Regulations of Article 21 of this By-law. 6.12.8 Parking OFF-STREET PARK Are apartments above commercial (mixed use) allowed in any district? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: ies in the downtown. The boundaries of the sub-areas on designated on the Ashland Zoning Map dated May 10, 2006. 1. Sub-area A is designed to promote the highest level of mixed use, encouraging retail on the first floor and commercial and/or residential on the upper floors. 2. Sub-area B is designed to promote some mixed use where feasible especially commercial/retail on the first floor and residential on the upper floors. 3. Sub-area C is designed to allow mixed uses where feasible but at a lower density than A and B. 8.5.6 Table of Uses. A use listed in the ""Table of Uses"" shown below is permitted in any sub-area of the ADD denoted by the letter ""Y"" and is not permitted in any sub-area of the ADD denoted by the letter ""N."" If denoted by the letters ""SP"" the use is permitted only if the Planning Board grants a special permit as provided herein and makes such specific findings as may be required by the Bylaw in respect of such use. Within the ADD, the following listed development types of uses and mixed uses shall be allowed as designated: ,,, Permitted Residential Uses,,, ""Single family and two-family dwelling homes, other than mobile home"",N,SP,Y Multifamily dwellings (3 or more dwellings),""Y1,3,4"","" Y3,4"", SP ""Dwelling units and retail, office and/or other allowed business in separate buildings on the same lot"", Y1,XY, SP Mixed residential and commercial/business,Y,Y,Y Senior Residential Community pursuant to Sec 7.2 (no acreage requirement),SP,SP,N Cluster development pursuant to Sec 7.3,SP,N, N ""Accessory family dwelling unit in compliance with Article IV, Special Regulations Sec 7.6"",N,SP,SP Permitted Community Services ""Religious or educational purposes on land owned or leased by a public body, religious group or nonprofit educational corporation"",Y, Y, Y ""Child daycare, adult care or assisted living facility"",Y,Y,Y Municipal uses not elsewhere specifically cited,Y,Y,SP Post office,Y,Y,Y Community center and public recreation center,SP,SP,SP ""Nursing, convalescent, rest home, hospital"",Y,Y,Y Mixed business and residential use in the same building,Y,Y,Y Mixed business and residential use in separate buil 8.5.7 Dimensional Requirements. The dimensional requirements in a mixed-use building shall be governed by the ground-floor use of the building. In cases of a mixture of land uses in one building or structure, the regulation for each use shall apply to the portion of the building, structure or land so used. The Planning Board may vary the dimensional and parking requirements of this section if, in its opinion, such change will result in an improved design. TABLE OF DIMENSIONAL REQUIREMENTS IN THE ASHLAND DOWNTOWN DISTRICT TABLE OF DIMENSIONAL REQUIREMENTS IN THE ASHLAND DOWNTOWN DISTRICT Sub-Areas A,A,A,B,B,C,C Dimension Requirements,Mixed Dwelling Use,Dwellings Only(1),Mixed Only,Dwellings Only,Mixed Use,Dwellings Only Minimum Lot Area,""35,000 sq. ft"",""35,000 sq. ft."",""20,000 sq. ft."",""20,000 sq. ft."",""8,000 sq. ft."",""8,000 sq. ft."" Minimum Lot Frontage,100 ft.,100 ft.,75 ft.,75 ft.,50 ft.,50 ft. Minimum Front Setback,0 ft.,15 ft.,0 ft.,15 ft.,0 ft.,15 ft. Maximum Front Setback,15 ft.,15 ft.,15 ft.,15 ft.,15 ft.,15 ft. Maximum Building Height,4 floors 1,3 floors,4 floors,3 floors,3 floors,3 floors FAR (maximum),2.02,2.0 (2),1.5,1.5,1.5,1.5 Minimum Side Yard (ft),0,0,0,0,,0 Minimum Rear Yard,12,12,12,12,12,12 1. One additional floor may be added if the Planning Board agrees that this project fully meets the intent of the ADD zoning. 2. FAR (Floor Area Ratio). The total floor area of all principal buildings on a lot divided by the area of said lot. 8.5.8 General Regulations. For the purpose of this section, the Planning Board shall adopt rules and regulations and design guidelines which shall guide the implementation of the standards of this section. All New signs will follow the sign requirements of the commercial ""B: zones as noted in Sec 5.3."" 8.5.9 Performance Standards; Criteria. The ADD application and required plans shall meet the general performance criteria set forth in the regulations and design guidelines adopted pursuant to this Bylaw, including but not limited to Section 9.4 of the Ashland Code. In addition, t Residential District, subject to the following regulations and conditions. 7.2.3 Age Restriction. Any application for a SRC shall indicate, and ensuing use shall sustain, compliance with G.L. c. 151B, sections 4 and 6. Provided housing shall be individually owned and occupied by at least one (1) person who is fifty-five (55) years of age, or older; and no more than one (1) additional occupant who shall be under fifty-five years of age, unless otherwise qualifying as a handicapped adult, or as herein further provided. In addition, and only in proven cases of family emergency, as determined by majority vote of any homeowners' association management board, no more than two (2) additional persons, above the number which is specifically herein authorized, who are under age fifty-five (55) and directly related, shall be allowed to be an occupant of any dwelling unit for more than six (6) months duration. Extensions of such minimum time duration may be granted by majority vote of such board. Occupancy requirements shall be exclusive of nurses or other persons to provide health care services to any occupant of said dwelling unit. In the event of the death of the qualifying owner/occupant of a dwelling unit, or foreclosure or other involuntary transfer of a dwelling unit in a SRC, a two (2) year exemption shall be allowed for the transfer of the unit to another eligible household. 7.2.4 Definitions. The proposed dwellings/structures meant to be provided in this Section commonly are not constructed within the separate lot framework associated with the definitions of the terms ""Lot,"" ""Lot Area,"" ""Lot Coverage,"" ""Lot Frontage,"" and ""Yard (front, rear and side)"" as listed in Section 10. Such terminology, as used in this Section is meant only to associate with the definitions as if the included dwellings/structures were to be provided on separate lots. LOT shall mean a parcel of land upon which dwelling units are to be constructed, which need not have legally defined bounds. 7.2.5 General Requirements. A Senior may be under fifty-five (55) years of age, unless otherwise qualifies as a handicapped adult. AGE RESTRICTED, MULTIFAMILY A building or portion thereof used for occupancy by individuals living independently of each other and containing three (3) or more dwelling units owned or occupied by at least one (1) person who is fifty-five (55) years of age, or older; and no more than one (1) additional occupant who may be under fifty-five (55) years of age, unless otherwise qualifying as a handicapped adult. BEDROOM A room providing privacy intended primarily for sleeping and consisting of not less than 70 square feet. A bedroom, for purposes of 310 C.M.R. 15.02, shall constitute a bedroom for purposes of the Rail Transit District. A one bedroom unit shall be permitted to have one Bedroom in addition to the kitchen, living/dining room, Study (as defined below) and bathrooms; a two bedroom unit shall be permitted to have two Bedrooms in addition to the kitchen, living/dining room, Study (as defined below) and bathrooms. DWELLING, MULTIFAMILY, FOR RENT A building or portion thereof (Single Apartment) used for occupancy by three (3) or more families living independently of each other and containing three (3) or more dwelling units. IMPERVIOUS SURFACE Any hard-surfaced man-made area that does not readily absorb or retain water, or other fluids, including, but not limited to buildings, parking areas, driveways, roads, sidewalks, paved recreation areas, and any areas in concrete or asphalt. For purposes of this Section, the area of the MBTA Site Access Drive, the area associated with the parking lot of the MBTA station and the area of the ""Superfund"" cap shall not be deemed to constitute Impervious Surface. OPEN SPACE The land in the Rail Transit District (RTD) not covered by any structures other than a swimming pool and not used for drives, parking or storage, but including any roof area developed for recreation as well as paved, groomed or maintained trails or recreation walkways or bicycle paths. If not part of a structure or paved, it shall be kept stabilized use unless approved by the Planning Board. 3. Capacity of any restaurant/snack bar shall not exceed sixty (60) seats unless approved by the Planning Board. 4. Ancillary uses located within a residential structure shall have no exterior advertising display except for signs approved by the Planning Board, with advice from the Inspector of Buildings. 5. No on-site public retail or professional services shall be permitted as primary or ancillary uses within a RA or RB zoning district. 7.4.7 Decision. The Planning Board may impose additional conditions not inconsistent with this or other sections of the Zoning By-Law. 7.5 MULTIFAMILY DWELLINGS 7.5.1 Administration. The Board of Appeals may grant a special permit for the construction and occupancy of multifamily dwellings on any parcel in excess of five (5) contiguous acres in the RM District subject to the following regulations and conditions. 7.5.2 Application. Applicants shall submit to the Board of Appeals five (5) copies of the following: 1. An application. 2. A site plan prepared by a registered architect, landscape architect and civil engineer, showing existing and proposed topography, proposed structures, drives, parking, landscaping and screening, utilities, drainage and reserved open space, if any. 3. A ground floor plan, sections and elevations of all proposed buildings. 4. Materials indicating the proposed number of dwelling units, distinguishing units by number of bedrooms and any special occupancies (elderly or handicapped); form of tenure and subsidies anticipated; rent or sales prices, including any commitments for price ceilings; methods of water supply and sewerage disposal; time schedule for construction of units and improvements; service improvements proposed at the developer's and those anticipated at the town's expense; and means, if any, of providing for design control. 7.5.3 Impact Statement. An analysis of the consequences of the proposed development, shall be submitted, evaluating the following imp Are apartments above commercial (mixed use) allowed in any district? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: Department of Housing and Urban Development, pursuant to Section 8 of the Housing Act of 1937, as amended by the Housing and Community Development Act of 1974. MIXED USE DEVELOPMENT -- A development that contains a combination of at least 2,500 square feet of commercial gross floor area plus five or more residential units. PERIOD OF AFFORDABILITY Shall be in perpetuity (99 years). PROPERTY, PHASED -- Any residential or mixed use development or developments at one or more adjoining sites in common ownership or under common control within a period of two years from the first date of application for any special or building permit for construction on the lot or lots. RESIDENTIAL DEVELOPMENT -- Single-, two-family and multifamily homes, townhouse development, elderly oriented congregate housing and lodging and rooming house dwellings. B. Applicability and requirements. (1) The provisions of this § 235-73.1 shall apply to any residential or mixed use development containing five or more dwelling units, including phased projects. These provisions shall apply with respect to developments in all zoning districts of the City, provided that the provisions of this section shall not apply to any residential or mixed-use development which has previously received a special permit or variance from the relevant permit granting authority containing conditions requiring the inclusion of affordable housing in such residential or mixed-use development, nor to any such residential or mixed-use development which is subsequently modified in accordance with the provisions of this section, provided that such affordable housing inclusion conditions remain substantially unchanged as a result of any such modification. Developments required to obtain a special permit in accordance with this § 235-73.1 shall not be required to obtain a special permit for more than four accessory parking spaces under § 235-17, accessory use #18. (2) A developer of a residential or mixed use development subject to these provisions shall provide 10% of the total number of dwelling units up to the maximum allowed as of right as affordable units. Where the application of that formula results in ARTICLE XIII, Home Occupation § 235-77. Conditions. For the use of a dwelling in any ""R"" district for a home occupation, the following conditions shall apply: A. No more than one nonresident shall be employed therein. B. The use is carried on strictly within the principal building. C. No more than 40% of the existing gross floor area not to exceed 600 square feet is devoted to such use. D. That there shall be no display of goods or wares visible from the street. E. No advertising on the premises other than a single small nonelectric sign not to exceed one square foot in area and carrying only the occupant's name and his/her occupation. F. The buildings or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise, electrical disturbance or in any other way. In a multifamily dwelling, the use shall in no way become objectionable or detrimental to any residential use within the multifamily structure. G. Any such building shall include no feature of design not customary in buildings for residential use. H. Home occupations are limited to: fine arts studios (such as for artists, sculptors and photographers); dressmaking (such as for dressmakers, seamstresses and tailors); real estate or insurance offices; catering; office for a lawyer, engineer, architect and land surveyor; and teaching (such as for school teachers, special educators or tutors) of not more than four pupils simultaneously. I. Not more than one commercial vehicle in connection with such home occupation shall be stored on the premises. An accepted off-street parking space shall be provided for any such commercial vehicle. J. Other home occupations that the Board of Appeals determines will cause little or no disruption in a neighborhood may be allowed by special permit from the Board of Appeals. (Ord. No. 16985C, 11-27-1972; Ord. No. 95-189, 5-1-1995) apter governing the height of buildings shall not apply to chimneys, cooling towers, elevator bulkheads, skylights, ventilators, electronic equipment, elevator shafts and other necessary appurtenances usually carried above the roof; nor to domes, towers, stacks or spires, if not used for human occupancy and which occupy not more than 20% of the ground floor area of the building; nor to ornamental towers, observation towers, radio broadcasting towers, television and radio antennas and other like structures which do not occupy more than 20% of the lot area; nor to churches or public, agricultural or institutional buildings or private schools not conducted for profit that are primarily used for school purposes, provided the proposed appurtenances are not located within the flight paths of an airport or heliport as defined by FAA regulations and approved by the FAA. G. The maximum gross floor area for a commercial establishment in a BC District shall be 10,000 square feet. H. Where the existing development along a block amounts to more than 50% of the block frontage, and where said development has an average setback less than required by this chapter, then any vacant lot setback may be reduced to said average of the existing development. I. The gross floor area of each one-family detached dwelling and per dwelling unit in a two-family dwelling shall not be less than 768 square feet. The gross floor area in a multifamily shall not be less than 450 square feet for one-bedroom dwelling units, 600 square feet for two-bedroom units and 768 square feet for three-bedroom or larger units. J. In all districts the lot width as measured at any point between the front lot line and the rear building line shall not be less than that prescribed in the Table of Dimensional and Density Regulations. K. At no street intersection in any district shall any new or replacement organic material, excepting a lawn or ground cover, be planted or permitted to grow, nor any obstruction to vision exceeding the lesser of three feet in height above the plane established by the intersecting streets or 30 inches above the sidewalk, be p ARTICLE VI, Dimensional and Density Regulations § 235-18. Applicability. The regulations for each district pertaining to minimum lot area, minimum lot width, minimum lot depth, minimum front yard depth, minimum side yard width, minimum rear yard depth, maximum height of buildings, maximum number of stories, maximum building area, maximum floor area ratio and minimum open space shall be as specified in this section and as set forth in the Table of Dimensional and Density Regulations and subject to the further provisions of this chapter. (Ord. No. 16985C, 11-27-1972) § 235-19. Table of Dimensional and Density Regulations. See table at the end of this chapter plus attached notes, which are declared to be part of this chapter. (Ord. No. 16985C, 11-27-1972) § 235-20. Reduction of lot area. The lot or yard areas required for any new building or use may not include any part of a lot that is required by any other building or use to comply with any provisions of this chapter, nor may these areas include any property of which the ownership has been transferred subsequent to the effective date of this chapter if such property was a part of the area required for compliance with the dimensional regulations applicable to the lot from which such transfer was made. At least 60% of the lot area required for zoning compliance shall be contiguous land other than land located in a wetland, as defined in MGL c. 131, § 40, or land located under a brook, creek, stream, river, pond or lake. (Ord. No. 16985C, 11-27-1972; Ord. No. 95-189, 5-1-1995) § 235-21. Separation of lots. Lots shall not be separated or transferred in ownership so as not to comply with the provisions of this chapter. (Ord. No. 16985C, 11-27-1972) § 235-22. Screening and buffers in industrial or business districts. Screening and buffers shall be required in any industrial or business district which adjoins a residential district as follows: this strip shall be at least 25 feet in width, except when abutting a residential use in the UR-C district, in which case the width may be reduced to 10 feet. It shall contain a screen of plantings of vertical he use in the planned unit development, except that projecting signs shall not be permitted. (Ord. No. 16985C, 11-27-1972) § 235-71. Planned business development. For the planned business development of land in the BA, BA-1, BB, BB-1, BC, BD, UR-C and UR-D Districts, the development shall be subject to all regulations of this chapter, except that the following shall be allowed through grant of a special permit for the planned business development by the Planning Board: building coverage greater than the maximum building coverage permitted in the Table of Density and Dimensional Regulations, parking requirements less than the parking requirements contained in Article VIII and additional uses as provided for below, provided that: A. The tract in single or consolidated ownership at the time of application shall be at least three contiguous acres in size. A development plan shall be presented for the entire tract. B. Regardless of the zone in which a planned business development is located, all of the uses listed in the Table of Use and Parking Regulations in Article V under the categories ""community facilities,"" ""retail service commercial,"" ""wholesale, transportation and industrial"" and ""accessory use"" shall be permitted in a planned business development provided the specific uses are approved by the Planning Board when the development plan for the planned business development is approved. C. Uses may be contained in one continuous building or in groupings of buildings. The Planning Board shall review the site plan with respect to safety of the users of the development and further with respect to the overall intent of this section. The development of one continuous building or the development of a grouping of buildings may be served by one common parking area and by common exit and entrance areas, in which case a reduction in the parking area may be allowed. D. The minimum open space requirement shall be 5%. E. As part of the approval of any planned business development, the Planning Board shall review plans and may issue a special permit for accessory parking for compliance with Article VIII of this chapter. Where conditions unique to a Are apartments above commercial (mixed use) allowed in any district? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: effective date of this section, lying within the Sewer District and having legal access to the sewers of the Town of Pepperell, shall connect to the municipal sewer system by a sufficient drain, prior to any use or occupancy thereof. All single family residences existing at the effective date of this section shall be allowed access to the municipal sewer system. Any single family residence existing at the effective date of this section which is outside the Sewer District but directly abutting a parcel within the Sewer District may be allowed access to the municipal sewer system through proof of demonstrated hardship circumstances and by the permission of the Board of Public Works. No other properties outside the Sewer District shall be allowed access to the municipal sewer system. 8450. Authority. The Board of Public Works shall be the enforcement authority of the Sewer District. All connections to the municipal sewer system shall be directed as defined by the Sewer Division of the Department of Public Works. 8500. MIXED USE OVERLAY DISTRICT 8500. Purpose. The Mixed Use Overlay District (sometimes referred to herein as a ""MUOD""), allows by Special Permit from the Planning Board an alternative pattern of land development to the pattern normally permitted in the underlying District(s). A Mixed Use District Overlay shall be permitted by Special Permit in the Commercial or Industrial Districts provided the area to be so designated shall have at least five (5) acres (inclusive of wetlands). It is intended to create mixed commercial, residential, and open space areas, called Mixed Use Developments (sometimes referred to herein as MUD""), where the visual and physical dominance of the automobile is made secondary to pedestrian needs; to encourage pedestrian activity by creating a pleasant, rich and diverse experience for pedestrians; to reduce traffic congestion and air pollution by providing opportunities for retail services, housing and employment in close proximity; and to encourage the sharing of parking lots and driveway curb cuts, minimizing the amount of paved par d air pollution by providing opportunities for retail services, housing and employment in close proximity; and to encourage the sharing of parking lots and driveway curb cuts, minimizing the amount of paved parking surface area, and reducing traffic congestion. For the purposes of this section, a ""Mixed Use Development (MUD)"" shall mean any eligible use set forth in Section 8530, below, which may be commingled into a single structure or structures with other eligible uses or may be located in separate structures on the site, all subject to the issuance of a Special Permit as set forth in Section 8590. 8510. Authority. The Planning Board shall be the Special Permit Granting Authority for a MUD. The Planning Board may vary the dimensional and parking requirements of this section if, in its opinion, such change will result in an improved design of the MUD. This authority continues subsequent to occupancy by Special Permit issued by the Planning Board. Section 9300 et. seq. of this Zoning Bylaw applies with respect to the Planning Board's consideration of the grant of a Special Permit for the MUD. 8520. Exclusivity/Control. All other uses and provisions not otherwise impacted by this Section (8500 et. seq.) shall continue to remain in full force and effect. This Section (8500 et. seq.) of the Bylaw shall exclusively control development of any MUD and shall take precedence over any other provision of the Zoning Bylaw (except the provision of any other applicable overlay district). In the event of any conflict between the provisions of this Section 8500 et. seq. and the Zoning Bylaws, the provisions of this Section shall govern and control. Upon the construction and operation of a MUD pursuant to a Special Permit granted under this Section 8500, the underlying zoning regulations shall be superseded by the MUD Special Permit. 8530. Eligible Uses. Except as noted below, all uses permitted in a Commercial District shall be eligible for consideration as part of a MUD. In addition to the foregoing, the following types of uses shall be eligible for consideration as part of a low, all uses permitted in a Commercial District shall be eligible for consideration as part of a MUD. In addition to the foregoing, the following types of uses shall be eligible for consideration as part of a MUD: 8531. Multifamily Dwellings - defined as a structure or structures containing three or more residential units. 8532. Municipal Facilities - defined as facilities owned or operated by the Town of Pepperell. 8533. Underground and Above Ground Utilities 8534. Parking Facility - defined as a structure or structures permitting above ground or below grade parking including parking at or below grade under a building. 8535. Prohibited Uses. a. Notwithstanding the foregoing, the following uses shall be expressly PROHIBITED in the Mixed Use Overlay District: b. Motor vehicle sales and rental c. Motor vehicle light service d. Motor vehicle general and body repair e. Car Wash f. Commercial Kennel g. Flea Market h. Drive through service for fast food establishments 8540. Density. 8541. Business Professional Office or Retail uses shall comprise a minimum of 10% of the floor area of permitted uses in a MUD. 8550. Dimensional Requirements. The dimensional requirements below shall apply to the Mixed Use Overlay District: 8551. Minimum contiguous area required for a Mixed Use Overlay District shall be five (5) acres. A Mixed Use Overlay District shall consist of one or more lots. 8552. Minimum lot frontage shall be 100 feet for lots within the Mixed Use Overlay District. 8553. Minimum lot width shall be 100 feet for lots within the Mixed Use Overlay District. 8554. The minimum front yard for lots within the Mixed Use Overlay District shall be 30 feet. 8555. The minimum Side Yard and Rear Yard for lots within the Mixed Use Overlay District shall be as set forth in Section 4140 of the Bylaw for the underlying zoning district. 8556. There shall also be at least 15 feet separation between any two structures in the MUD and the areas behind and between all structures shall be clear and accessible to the Town's fire suppression vehicl ither unit is owner-occupied. 3433. Not more than one accessory apartment may be established on a lot. The accessory apartment shall not exceed 800 sq. ft. in gross floor space and shall be located in the principal residential structure on the premises; 3434. The external appearance of the structure in which the accessory apartment is to be located shall not be significantly altered from the appearance of a single-family structure. 3435. Sufficient and appropriate space for at least one (1) additional parking space shall be constructed by the owner to serve the accessory apartment. Said parking space shall be constructed of materials consistent with the existing driveway and shall have vehicular access to the driveway. 3440. Decision. Special permits for an accessory apartment may be granted by the Board of Appeals upon a finding that the construction and occupancy of the apartment will not be detrimental to the neighborhood in which the lot is located and after consideration of the factors specified in Section 9300 of this Zoning Bylaw, governing special permits. 3500. NONCONFORMING USES AND STRUCTURES 3510. Applicability. This Zoning Bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which this Zoning Bylaw, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder. 3520. Nonconforming Uses. The Board of Appeals may issue a special permit to change a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Board of Appeals: 3521. Change or substan erials, supplies; provided a special permit is granted. 3234. The overnight parking of commercial vehicles owned or operated by a resident of the premises, subject to the following limitations; nothing herein shall be construed to authorize a business at the location where such vehicles are parked overnight: a. one or more commercial vehicle less than 15,000 gvw are allowed as of right; b. one commercial vehicle of more than 15,000 gvw but less than 35,000 gvw is also allowed as of right; c. more than one commercial vehicle of more than 15,000 gvw but less than 35,000 gvw is allowed by special permit; d. any commercial vehicle larger than 35,000 gvw is allowed by special permit. 3240. Prohibited Accessory Uses. The following accessory uses are prohibited: 3241. Unregistered Motor Vehicles. Not more than one (1) unregistered motor vehicle or trailer or major part(s) thereof, except for farm vehicles, shall remain ungaraged upon any premises at any time unless under a Class 1 or Class 2 license for sale of motor vehicles. No unregistered motor vehicle may be stored or maintained upon any premises within fifty (50) feet from a street, public way or way laid out on a recorded plan. 3242. Residence Districts. In the Residence Districts, the following accessory uses are prohibited: a. Commercial kennels; b. Commercial auto repair or service. 3300. HOME OCCUPATIONS 3310. Home Occupation - As of Right. A home occupation may be allowed as of right, provided that it: 3311. is conducted solely within a dwelling unit or in a building or other structure accessory thereto, and solely by the person(s) occupying the dwelling as a primary residence; 3312. is clearly incidental and secondary to the use of the premises for residential purposes; 3313. does not produce offensive noise, vibration, smoke, dust, odors, heat, lighting, electrical interference, radioactive emission or environmental pollution in accordance with the provisions of Section 5500; 3314. does not utilize exterior storage of ma Are apartments above commercial (mixed use) allowed in any district? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: tility contractors, building supply and lumber yards, but not to include junkyards, saw mills, concrete or cement mixing plants, asphalt plants and the like; 2) Heavy commercial uses such as automotive garages and body shops, tire recapping companies, heavy equipment sales and service; 3) Utility plants and substations; 4) Technical schools or other training facilities on spacious adequately buffered sites; 5) A) Industrial uses of character similar to any of the above which are not of a higher nuisance level; B) Convenience commercial establishments such as branch banks and full-service restaurants whose primary service area is the Industrial District and which are located in buildings whose major occupants are engaged in otherwise allowed or permitted industrial uses. Such commercial uses may not occupy more than 25 % of the gross floor area of the building in which they are located or 10,000 square feet, whichever is the lesser. C) Motels or Hotels. A Free-standing restaurant structure may be allowed on the same or adjacent parcel provided the motel or hotel and restaurant are designed and constructed as a unified complex. Drive-through facilities are prohibited. D) Childcare facility E) Commercial or public indoor and/or outdoor recreational uses, such as ball fields, soccer fields and other sports fields, and courts, swimming tennis and racquetball clubs, and the like. D) Special Permit Uses Subject to Environmental Design Conditions The Board of Appeals may prescribe such safeguards and restrictions concerning site or operations as appear necessary to insure compatibility with other uses of a less intense nature or with adjacent zones. 1) Heavy manufacturing, processing, fabrication or power generating industries, except as prohibited under prohibited uses, provided all open yards or lots containing storage, processing, manufacturing, or other operations which border other districts or which are visible from major highways, overpasses or thoroughfares passing through, or adjacent to the district sha and residential allowed uses, special permit uses, and special permit uses subject to Environmental Design Conditions under the General Commercial (GC) District (Section 401.12), except as expressly prohibited in this Section 401.250 (D), but without limit as to ground floor area coverage or total floor area or date of construction of a building except as provided in this Section (401.25) of the Zoning Bylaw. 5. Planned retirement communities for households in which at least one permanent occupant is fifty five (55) years of age or older, but not limited to, congregate care facilities, rest homes, convalescent homes, homes for the elderly, nursing homes, elderly housing, and independent living units, provided that they are planned as a community. A social recreation center is required to serve as a focal point for the community. Appropriate medical and transportation facilities are also required. 6. Limited Occupancy Communities (LOCs) designed for households of a limited number of members in which the following requirements apply: (1) No dwelling unit shall contain more than three bedrooms; (2) The master bedroom in each detached or townhouse dwelling unit shall be on the first floor and no more than one additional bedroom shall be on the first floor; (3) Recreational amenities provided for an LOC as part of the Common Open Space or Facilities shall be oriented toward an adult population, and shall not include playgrounds. All of the above uses shall be subject to the general requirements of this Open Space Mixed Use Development Section D that the property owners, individually and/or through a viable association, be obligated for the development, operation, and maintenance of common water supply, wastewater disposal, and internal vehicular and pedestrian circulation systems, and other utilities (e.g. telecommunications/cable services). Land located within the Aquifer Protection District is subject to the provisions and restrictions outlined in Section 401.17 of the Zoning Bylaw, subject to the following: (i) the term underlying zoning districts"" as used in Section 401.17 ice establishments such as barber and beauty shops laundry and dry-cleaning establishments (coin-operated or pick-up stations only), tailoring and garment repair shops; 4) Other convenience services such as branch banks or post office substations, C) Special Permit Uses. 1) Day nurseries and kindergartens; 2) Private clubs and lodges; 3) Private recreation facilities or neighborhood centers; 4) Other convenience-type service or commercial establishments which the Board of Appeals may, on appeal, determine to be in keeping with the nature and intent of the district. D) Special Permit Uses Subject to Environmental Design Conditions 1) Restaurants, limited to on-premises consumption; 2) Minor planned shopping center limited to the uses of this section; 3) Any of the uses listed above under B. or C. which exceed 3,000 square feet or ground floor area of 5,000 square feet total area. E) Prohibited Uses 1) Any use not specifically permitted above, including but not limited to all manufacturing and processing wholesaling, warehousing, outdoor storage, outdoor advertising, automobile service stations, automotive and automotive parts sales, service or repair shops, junk, scrap or lumber storage, general retail establishments, and drive-in restaurants or fast food establishments. 2) Storage or occupancy of mobile homes, camper trailers, inoperative or unlicensed automobiles, or products, materials, or vehicles in connection with manufacturing or commercial uses outside the district, as provided for under Residential, Prohibited uses. 3) Any use or structure incompatible with the nature of the district or dangerous or noxious to persons in the district or those who pass on public ways by reason of odor, smoke, particulate matter, fumes, noise, vibration, glare, radiation, electrical interference, or danger of fire or explosion. F) Dimensional and Intensity Requirements. See Table 5. 401.11 Transitional Commercial Service Area, any building containing or servicing such uses is to be no larger than 24,000 square feet in total gross floor area. 1) Boarding houses and lodging houses; 2) Planned shopping centers; 3) Passenger terminals for buses and railroads; 4) Drive-in eating and drinking establishments; 5) Hospitals, sanitariums, nursing homes, rest homes, convalescent homes, orphanages, and homes for the aged, provided that such facility shall have no principle structure closer than twenty-five (25) feet to any lot line; 6) Automobile service stations and minor repair shops, provided that all repairs shall take place in enclosed buildings or screened area; 7) Colleges, universities, and technical or vocational schools and dormitories; 8) All uses authorized in E. and C. Above which have more than 4,000 square feet or ground floor area or 6,000 square feet total area. E) Prohibited Uses. 1) Any use other than as permitted above, including exterior storage of products or merchandise in substantial quantities, or of new or used building materials, junk, scrap, salvage, or any other second-hand materials, warehouses containing over 2,000 square feet, permanent or regular outdoor displays of merchandise in any required yard, major automotive garages, and body shops, or any garage which conducts repairs out of doors, tire recapping and retreading, storage or distribution of bulk petroleum products, and any other use of any equal or greater nuisance. level; 2) Any use which the Board of Appeals may determine to be potentially dangerous or offensive to persons in the district, or to those who pass on public ways, by reason of emission or odor, smoke, fames particulate matter, noise, vibration, glare, radiation, electrical interference or of threat of fire or explosion, or which is likely for any reason to be incompatible with the character and function of the district. 3) Any uses contained in or served by a building larger than 24,0 he aged, and other such institutions; 7) Automobile junkyards and other junk or salvage yards, provided that such uses shall be completely screened to a height of six (6) feet or more if required by walls, fences, and/or thick evergreen planting. Where the topography of any proposed site is such that the interior of the yard would be exposed to view from any abutting way or future way, the Board of Appeals may deny a permit or require screening by evergreen trees or other means of an appropriate height and thickness, both at the periphery of the property and at specified locations within the site. No display or storage of merchandise, automobiles, salvage, and the like shall be permitted outside the screened area of the site; 8) Day nurseries and kindergartens, provided that the Board of Appeals shall determine that characteristics of the particular location and of nearby land uses and traffic will not be inappropriate for such a facility; 9) Convenience of one-stop type uses which cater to the needs of the motoring public or a community market, or commercial uses which require large amounts of land or which do not cater to a pedestrian market and which would be inappropriate in a compact, pedestrian-oriented general commercial shopping area. Such use may include restaurants, bars and nightclubs, drugstores, variety stores and department stores, boat sales and service, oil dealerships, and uses of similar characteristics. In these cases, an applicant shall demonstrate why the use in question would be appropriate at the proposed location, what particular needs of the community would be served, by location of the use in Arterial Commercial District instead of a General Commercial District, and that the proposed use would not contribute to an unnecessary and inefficient extension of general-commercial type uses along the major artery in question. Uses which bear no functional relationship to other uses along the street may be denied a permit, whereas cooperation among adjacent property owners in providing off-street parking, ci Are apartments above commercial (mixed use) allowed in any district? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don’t know. " "[INST] Context: fice parks and shopping centers. (b) Banks and credit unions with drive-through facilities. (c) Research laboratories and facilities. (d) Wholesale trade or sales establishments. (e) Assembly or light manufacturing enterprises. (f) Adult entertainment establishments subject to the provisions of section 7.9. (g) Filling stations, and establishments for the repair and servicing of motor vehicles and for the retail distribution of petroleum products. (h) Video or electronic game machines, except that no more than two (2) machines are allowed per building, facility, or lot. (i) Dance halls, theaters, and skating rinks, except that no more than one (1) skating rink or theater is allowed per building, facility, or lot. (j)Bars, taverns, and restaurants (other than formula fast food restaurants) with live entertainment. (k) Any development under section 4.6.2, whether or not developed in phases, that would create more than ten thousand (10,000) square feet of floor area, or more than 30 off-street parking spaces, or that would include accessory buildings, enclosed accessory uses, or off-street loading areas. 4.7 Business/Light Industry District 4.7.1 The Business/Light Industry District is intended for office and professional buildings and for assembly and light manufacturing uses consistent with the Town's suburban character. 4.7.2 The following principal uses are permitted in the Business/Light Industry District, provided a site plan is approved by the Planning Board, and except for those uses that also require a special permit, as provided by section 4.7.3. (a) The uses described in section 4.2.3 (c), (d), and (g). (b) Veterinary hospitals and kennels. (c) Enclosed storage yards. (d) Offices for general construction, landscaping, or similar contractors, with open storage of related supplies, equipment, or vehicles, and structures for storing such items, provided all such storage areas and structures are screened from outside view, and provided further that such storage areas and structur ground. 8.4.3 Residential District Sign Regulations 8.4.3.1 Total area of a sign shall not be larger that sixteen (16) square feet in area, and no one (1) side shall be larger than eight (8) square feet in area. 8.4.3.2 No free standing sign, or other advertising device, shall be more than ten (10) feet above the ground. 8.4.4 Central District Sign Regulations 8.4.4.1 Each business within a building will be allowed to have ten (10) square feet of sign area attached to the building. Total area of a free standing sign shall not exceed forth (40) square feet in area. 8.4.4.2 No free standing sign, or other advertising device, shall be more than ten (10) feet above the ground. 8.4.5 Retail District or the Business/Light Industry District Sign Regulations 8.4.5.1 Each business within a building will be allowed to have ten (10) square feet of sign area attached to the building. Total area of a free standing sign shall not exceed eighty (80) square feet in area; The maximum area shall not exceed five (5) percent of the projected vertical area of the side of the building facing the street, (Maximum Area equals .05 H/L where H and L are the height and length of the building expressed in feet), whichever is greater. 8.4.5.2 In no event shall the length or width of a free standing sign or a sign attached to the building be greater than fifteen (15) feet. 8.4.5.3 No sign, or other advertising device, shall be more than twenty (20) feet above ground level. 8.4.6 Temporary Signs 8.4.6.1 Temporary signs which comply with this Bylaw shall be permitted. Temporary signs for political or charitable purposes or public organizations and temporary window signs are exempt from the provisions of Section 8.4. 8.5 New Single Family Dwelling Limitation 8.5.1 Except as provided by section 8.5.2, the issuance of building permits for new single family dwellings is subject to the following limitations: (a) Building permits shall not be issued authorizing the construction of more than twenty-four (24) new single family dwellings in the Town in any twelve (12) month period. The number of permits allo (d) Medical and dentistry clinics. (e) Banks and credit unions without drive-through facilities. (f) Historical, philanthropic, or charitable associations. (g) Restaurants (other than formula fast food restaurants) without live entertainment. (h) Museums and libraries. (i) Antique and handicraft shops. (j) Funeral establishments. 4.2.4 The following principal uses are permitted in the Central District, provided a special permit is approved by the Planning Board. (a) Any development under section 4.2.3, whether or not developed in phases, that would create more than five thousand (5,000) square feet of floor area, or more than fifteen (15) off-street parking spaces, or that would include accessory buildings, enclosed accessory uses, or off-street loading areas. (b) Research laboratories and facilities. 4.2.5 The following principal uses are permitted in the Central District, provided a site plan is approved by the Planning Board, and a special permit is approved by the Board of Selectmen. (a) Filling stations, and establishments for the sale, storage, service, and repair of motor vehicles. (b) Overnight lodging, including hotels, motels, and inns. 4.3 Residential District 4.3.1 The Residential District is intended to encompass the more established, residential areas surrounding the town center. 4.3.2 The following principal uses are permitted in the Residential District. (a) The uses described in section 4.2.2, excluding multi-family dwellings approved under section 6.7. 4.4 Outlying District 4.4.1 The Outlying District is intended as an area of low density residence, recreation, conservation, agriculture, and similar uses compatible with a rural area. 4.4.2 The following principal uses are permitted in the Outlying District. (a) The uses described in section 4.2.2(a),(c),(d), and (e). (b) Agriculture, horticulture, floriculture, viticulture, aquaculture, and animal husbandry. 4.4.3The following uses are permitted in the Outlying District, provided a spec ing district are permitted in the Floodplain District, except that new development activities in the Floodplain District are prohibited, unless such activities are authorized by a special permit issued by the Planning Board under section 4.10.5. 4.10.3 Submittal and Notification Requirements 4.10.3.1 An applicant for a special permit under this section shall provide the Planning Board with a site plan that meets the requirements of section 7.6 of the Bylaw. 4.10.3.2 BFE data is required for subdivisions or other developments that would create fifty (50) or more lots, or involve five (5) or more acres of land. For developments that would create fewer than fifty lots, and involve less than 5 acres of land, the Planning Board may require the submission of BFE data. 4.10.3.3 In a riverine situation, the Planning Board shall notify the following of any alteration or relocation of a watercourse: adjacent communities; the NFIP State Coordinator, Massachusetts Department of Conservation and Recreation, 251 Causeway St., Suite 600-700, Boston, MA 02114-2104; and the NFIP Program Specialist, FEMA, Region I, 99 High St., 6th Floor, Boston, MA 02110. 4.10.4 Development Standards 4.10.4.1 In addition to any development standards adopted under section 7.8.3.2, new development activities in the Floodplain District shall comply with the following standards: (a) the volume of lost floodwater storage capacity caused by the proposed development shall be offset by the provision of an equal volume of floodwater storage capacity by excavation or other compensatory measures at hydraulically equivalent sites; (b) vehicular and pedestrian access to, over, and from the site shall be provided over ways having an elevation of at least fifteen (15) feet above NGVD, or one foot above the BFE, whichever elevation is higher, except that the standard established by this paragraph shall not apply where the proposed development activity consists of the substantial modification of an existing dwelling unit, and provided further that the Planning o the following exceptions: (a) fences, walks, utilities, utility lines, septic systems, water supplies, and signs may be built or installed in an MSA; (b) parking spaces may be located within an MSA measured from a street line, provided that in no event will parking spaces be allowed within fifty (50) feet of the street line, or within a distance from the street line of one-half (1/2) of the MSA calculated for that street line, whichever distance is greater; and (c) a site access road may be built across an MSA measured from a street line, except that, within the distance described by Section 6.1.3.2.4 (b) above, the site access road shall run perpendicular, or nearly perpendicular, to the setback line; a site access road may not, within this distance, serve as a portion of a perimeter road running adjacent or parallel to the structure. 6.1.4 Floor Area 6.1.4.1 For each unit for rent in a hotel, inn, motel, tourist home or lodging house there shall be a minimum of one hundred and sixty (160) square feet for single occupancy plus sixty (60) square feet for each additional person occupying the unit. 6.1.4.2 The restrictions of this section shall not apply to any dwelling in existence in the Town at the time of the adoption of this Bylaw. 6.1.5 Lot Coverage 6.1.5.1 In the Retail District or the Business/Light Industry District, no more than fifty (50) percent of any lot or area shown on the site plan shall be covered by structures or impervious surfaces. 6.1.5.2 In all districts, the maximum building lot coverage for all new construction, alteration, enlargement, or reconstruction for all structures on any lot shall not exceed twenty-five (25) percent of the total lot area. 6.2 Multi-Family Dwellings 6.2.1 Applicability 6.2.1.1 Multi-family dwellings are authorized by this section in the Central District or the Residential District as follows: (a) a development creating fewer than five (5) multi-family dwelling units is authorized, subject to the requirements of this section, and pr Are apartments above commercial (mixed use) allowed in any district? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] No" "[INST] Context: 1. Front: 20 feet 2. Side: 15 feet 3. Opposite Side: 30 feet 4. Rear: 25 feet d. Maximum Front Yard Setback: 40 feet e. Lot Width: 100 feet f. Building & Use Intensity 1. Maximum Height: 45 feet 2. Maximum Number of Stories: 3 stories 3. Maximum Lot Coverage: 75% 4. Maximum Building Coverage: 25% 5. Maximum Floor Area Ratio: .60 6. Minimum Open Space % Lot Area: 25% 3.10. Industrial District (revised 06/08/2009) 3.10.1.Use Regulations a. Permitted Industrial Uses: 1. Research, experimental and testing lab 2. Light manufacturing and manufacturing which is incidental to research, experimental and testing laboratories, whether enclosed or otherwise 3. Enclosed manufacturing 4. Exterior storage, as an accessory use, exclusive of junk cars or other junk items, provided that the exterior storage is screened from view, by a fence or appropriate landscaping, from abutting streets or properties 5. Beverage bottling or food packaging plant, but not including meat and fish processing 6. Plant for dry cleaning, cold storage or freezing 7. Above-ground storage of gas and petroleum products 8. Commercial parking lot 9. Professional or business office 10. Gasoline service stations and automobile repair shops (not including junkyards) providing that there shall be no storage of automobiles on the premises other than those in the process of or awaiting repair or awaiting delivery or pickup after repair 11. Public utility 12. Accessory industrial uses 13. Shop of an electrician, painter, paper-hanger, plumber, upholsterer, carpenter, cabinet maker, general appliance repair person, or of a person engaged in a similar occupation b. Uses Allowed by Special Permit from the Planning Board 1. Private and commercial communication towers and antennas for radio, television, and/or wireless telecommunications, subject to Section 4.15 2. Assembly, fabrication, processing ,printing, wholesaling and distribution, warehousing and interior storage 3. Contractor's yard 4. Sale of automobiles and trucks, accessories, farm equipment, aircraft, motorcycles, and camping trailers c. Uses Allowed by Special Permit from the Board of App ommercial use, in accordance with Section 2.5 9. Business Service Establishment 10. Take-out food establishment or delicatessen where food is prepared and sold at retail but not consumed on the premises, but not including drive-through service 11. Shop of an electrician, painter, paper hanger, plumber, upholsterer, carpenter, cabinet maker, general appliance repair person, or of a person engaged in a similar occupation 12. Bank b. Permitted Residential and Accessory Uses 1. Dwelling combined with a permitted commercial use 2. Up to two dwelling units above the ground floor of a building occupied principally by permitted commercial uses 3. Home professional office, home personal service, subject to Section 4.6 4. Bed and breakfast c. Uses Allowed by Special Permit from the Planning Board 1. Permitted or Special Permitted commercial uses or mixed-uses in more than one principal building on the same lot 2. Multi-family housing, subject to Section 4.1 3. A grocery store or supermarket, not exceeding 80,000 square feet of net floor area 4. Assisted living facility 5. Detached single-family dwelling 6. Accessory uses customarily incidental to a Special Permitted commercial or residential use, in accordance with Section 2.5 7. Private and commercial communication towers and antennas for radio, television, and/or wireless telecommunications, subject to Section 4.15 8. Dry cleaning and pressing or tailor shop 9. Sale of automobiles and trucks, accessories, farm equipment, aircraft, motorcycles, and camping trailers 10. Auto filling stations, service stations and repair shops (not including junkyards) provided that there shall be no storage of automobiles on the premises other than those in the process of or awaiting repair or awaiting delivery or pickup after repair 11. Contractor's yard 3.7.2.Density and Dimensional Regulations a. Minimum Lot Area: 1. Single-family 20,000 square feet 2. Two-family 30,000 square feet Permit if they comply with the following requirements: a. The occupation must be operated by a person residing on the premises, and it shall employ on those premises not more than three (3) persons not resident thereon; b. There shall be no evidence of the occupation through persistent or excessive sound, or through vibration, smell, or sight discernable at the boundaries of the premises, except for a sign that conforms to the requirements of Section 6 of this Bylaw; c. Any exterior storage of materials or equipment or business-related parking shall be so located and screened, through location, grade or landscaping, from adjacent properties; d. Not more than two (2) vehicles requiring registration as taxis, buses, or commercial vehicles shall be regularly parked outdoors on the premises. Such vehicles shall not weigh more than 15,000 lbs. or have more than two (2) axles; e. Traffic generated shall not be more disruptive to the neighborhood than traffic normally resulting from residential development considering volume, type, hours and other traffic characteristics; and f The occupation shall be conducted within a dwelling or accessory structure and occupy not more than twenty-five percent (25%) of the combined total floor area unless the Board of Appeals authorizes a larger percentage by Special Permit. 4.6.3. Home Occupations by Special Permit a. A Special Permit from the Board of Appeals is required for any home occupation that does not comply with the requirements of Section 4.6.2 or that is otherwise listed as a special permitted home occupation in the use regulations of a zoning district. The Board of Appeals may grant a Special Permit only upon determining that the use will not create hazard, disturbance to any abutter, or injury to the neighborhood, and will not create unsightliness visible from any public way or neighboring property. b. In its discretion, the Board of Appeals may linic or animal hospital 5. 5. Private and commercial communication towers and antennas for radio, television, and/or wireless telecommunications, subject to Section 4.15 3.8.2.Dimensional and Use Intensity Regulations a. Minimum Lot Area: 1. Single-family 20,000 square feet 2. Two-family 30,000 square feet 3. Multi-family Subject to Section 4.1 4. Other uses 40,000 square feet b. Minimum Frontage: 100 feet c. Minimum Yard Setbacks: 1. Front: 20 feet 2. Side: 15 feet 3. Opposite Side: 30 feet 4. Rear: 50 feet d. Maximum Front Yard Setback: 40 feet e. Lot Width: 100 feet f. Building & Use Intensity 1. Max. Height (Feet): 35 feet 2. Maximum Number of Stories: 2.5 3. Maximum Lot Coverage: 65% 4. Maximum Building Coverage: 20% 5. Maximum Floor Area Ratio: .45 6. Minimum Open Space % Lot Area: 35% 3.9 Lancaster Road Commercial District (revised 06/08/2009) The purposes of the Lancaster Road Commercial District are to provide for a broad mix of retail, service and light industrial uses in the southern end of town, including businesses that serve highway travelers and commuters. 3.9.1.Use Regulations a. Permitted Commercial Uses: 1. Retail store 2. Professional or business office 3. Restaurant, take-out food service establishment or delicatessen, excluding drive-through service 4. Barber or beauty shop 5. Bank 6. Business service establishment 7. Banking machine, as a stand-alone structure, or where public access is available only via a drive-up windows or from outside a building 8. Shop of an electrician, painter, paper-hanger, plumber, upholsterer, carpenter, cabinet maker, general appliance repair person, or of a person engaged in a similar occupation 9. Shop for custom work involving the manufacture of articles to be sold on premises; or shop and display area of an upholsterer, cabinet-maker or similar craftsperson receiving customers on the premises 10. Accessory uses customarily incidental to a permitted commercial use, in accordance with Section 2.5 of this Bylaw 11. Restaurant for the serving of food or beverages inside the premises or outside but on the premises, such as at t r rear of the building, and any additions shall not increase the square footage of the one family house by more than ten percent (10%); 4.5.4. The design and size of the apartment conforms to all applicable standards in the health, building and other codes; 4.5.5. The owner(s) of the residence in which the accessory unit is created shall occupy at least one of the dwelling units in the premise, except for bonafide temporary absences; 4.5.6. Parking must conform to the requirements of this Bylaw. 4.6 Home Occupations (Revised 11-01-05) 4.6.1. Types of Home Occupations In this Bylaw, home occupations are regulated according to the following use categories: a. Home professional office: office for the practice of a profession involving a high degree of training in the humanities, science or arts, such as medicine, law, engineering or fine arts. b. Home personal service: personal services, such as insurance, notary public, real estate broker, beauty care, clerical services; studio for the teaching of fine, performing or domestic arts and crafts; home care or therapy (for pay) for not more than three patients or children. c. Home business workshop: the business or shop of a painter, carpenter, electrician or similar trade. d. Home specialty retail: the sale of specialty products made on the premises, such as dressmaking, home baking or catering, or arts and crafts; or collector's items, such as antiques, stamps, coins. Home specialty retail does not include the sale of products raised and grown on the premises of an agricultural use on more than five acres of land. 4.6.2. Permitted Home Occupations In any zoning district, home occupations listed as a permitted use do not require a Special Permit if they comply with the following requirements: a. The occupation must be operated by a person residing on the premises, and it shall employ on those premises not more than three (3) persons not reside Are apartments above commercial (mixed use) allowed in any district? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: e safe for and conducive to pedestrian traffic. B. Specific District Standards and Guidelines All developments within the BA District that require a special permit with design review or special permit with site plan review should comply with the following guidelines to the highest degree practicable. 1. Give preference to locating on-site, off-street parking at the rear of the lot, behind the building or below street level, providing vehicular access from either a side street or alley where possible. 2. Give preference to providing landscaping along the primary street edge. 6.1.7. BB-Commercial Residential Districts. Purpose. To establish and preserve general commercial and high density residential areas consisting of multi-family developments, shopping centers, commercial strips and automobile related establishments where customers reach individual businesses primarily by automobile. 6.1.8. IA - Industrial Districts. Purpose. To establish and preserve areas for industrial and related uses which are not incompatible with commercial uses; uses which are most appropriately located as neighbors of industrial uses including living and studio space for artists; and uses which are necessary to service the immediate needs of industrial establishments in those areas, and accessory uses to industrial uses such as day care centers, cafeterias, health facilities, and the like. 6.1.9. IB - Industrial Districts. Purpose. To establish and preserve areas for necessary industrial and related uses of such a nature that they require isolation from many other kinds of land uses, and to make provision for commercial uses which are necessary to service the immediate needs of people in these areas. 6.1.10. IP - Industrial Park Districts. Purpose. To provide opportunity for development in an environment free of excessive noise, odor, smoke, dust, glare, heat, visual disarray, or other nuisance. The specific goals of the Industrial Park Zoning District are as follows: Encourage the development of light intensity, clean industry, serving the expansion and diversification of the local economy; Provide quali 00 so' radius SUBJECT BUSINESS LOT or INDUSTRIAL 00 (abute residence district) DISTRICT LOT LINK SECTION/ELEVATION PLAN VIEW Figure 8D. 21. Setback for Rooftop Installations: All elevator and stairwell penthouses, roof-mounted mechanical equipment (including enclosure, if any) and other similar rooftop installations shall be set back behind a plane inclined at 45 degrees from the vertical, beginning at the maximum height of the building as defined in Section 8.5, along all street lines and rear lot line. NOTE: See Figure 8E. Section 8.7. Dimensional Requirements Applicable to the University District. 8.7.1. Special Applicability Provisions. a. All of the land owned by Tufts University situated in the University District and in the portions of the Tufts Campus situated in the City of Medford shall be considered and dealt with as a single tract or parcel of land comprising multiple buildings and facilities. The University shall not for the purposes of this Ordinance, except as otherwise expressly provided in this Section 8.7, be required to create, establish, accept or recognize any lot or lot line within the University District. However, nothing herein shall be deemed to abrogate or limit the right of the University to create, establish, accept or recognize any lot within the University District which is otherwise lawful. b. With respect to each building or facility of the University, existing or hereafter erected, which lies partly in Somerville and partly in Medford, the provisions hereof shall be applicable to the portion thereof situated in Somerville, but shall not affect any portion thereof situated in Medford. ""ANTENNAE,"",, ""SATELLITE DISHES,"",, ""A/C LONDENSERS, EZ"",, INCLUDING ENCLOSURE,, ALL ROOFTOP INSTALLATIONS MUST BE OETBALK WITHIN as PLANE ALONG THOSE WALLS INDICATED AT LEFT,, Figure 8E. 8.7.2. Height Regulations. Within the University District the maximum height of buildings in stories and feet shall be as foll A. Purpose To preserve and enhance central business areas for retail, business services, housing, and office uses and to promote a strong pedestrian character and scale i n those areas. A primary goal for the districts is to provide environments that are safe for and conducive to a high volume of pedestrian traffic, with a strong connection to retail and pedestrian accessible street level uses. B. Specific District Standards and Guidelines All developments within the CBD district that require a special permit with design review or special permit with site plan review should comply with the following guidelines to the highest degree practicable. 1. Across the primary street edge, the building should complete the streetwall. 2. At the street level, provide continuous storefronts or pedestrian arcade which shall house either retail occupancies, or service occupancies suitably designed for present or future retail use. 3. Massing of the building should include articulation which will blend the building in with the surrounding district. At the fourth floor, a minimum five foot deep setback is recommended. 4. Locate on-site, off-street parking either at the rear of the lot behind the building or below street level; parking should not abut the street edge of the parcel. 5. Provide access to on-site, off-street parking from either a side street or alley. Where this is not possible, provide vehicular access through an opening in the street level facade of the building of a maximum 25 feet in width. 6.1.6. BA-Commercial Districts. A. Purpose To establish and preserve business areas bordering main thoroughfares that are attractive to a wide range of uses, including retail business and services, housing, government, professional and medical offices, and places of amusement. While it is anticipated that most users will arrive by motor vehicle, it is intended that the area should be safe for and conducive to pedestrian traffic. B. Specific District Standards and Guidelines All developments within the BA District that require a special permit with design review or special permit with si additional height as specified in Article 6 or unless reference is made to provisions of a footnote in this Section 8.6. NOTE: §8.6.3 was amended by Ordinance 1997-6 on November 13, 1997 and Ordinance 2002-7onAugust8, 2002. 4. Height Limitations in IP Districts: The following height limitations shall apply in all Industrial IP districts: 2 story structures permitted within 50 feet of an RA or RB zone, to a maximum of 25 feet in height. 3 story structures permitted between 50 feet and 100 feet of an RA or RB district, to a maximum of 35 feet in height. 3 story structures permitted beyond 100 feet from an RA or RB district, to a maximum of 45 feet in height. 5. Front ,yard: If the average front yard depth of two (2) or more existing buildings on each side of a lot within one hundred (100) feet and within the district and same block, uninterrupted by an intersection, is less than the required front yard, the average of such existing front yard depths may be the required front yard depth for buildings of three (3) stories or less, but in no case may the front yard depth be less than ten (10) feet. NOTE: See Figure 8A. ,,,\,2,,3,4,,,,,LINE OF NORMAL FRONT ,,,,,,,,,,,,YARD REQUIRED ,,,,,,,,,,,,(BUILDING LINE) ,,,,100,,,100,,,,STREET, EXAMPLE (based on above illustration): Within 100' of the ""SUBJECT LOT"" there are two existing buildings (on Lots 1 and 3) that have front yard setbacks that are less than the normally required front yard. Under $8.6.5, the average of front yards 1 and 3 may serve as the required front yard for buildings of 3 stories or less on the subject lot. In any case, a 10' front yard depth is always required. Figure 8A. 5a. Projections into Front Yards: First story building elements such as bays, bay windows and oriel windows (provided that said bays, bay windows or oriel windows encumber no more than fifty percent (50%) of the length of the front side of the structure they project from), balconies, chimneys, flues and fire escapes, steps OETBALK WITHIN as PLANE ALONG THOSE WALLS INDICATED AT LEFT,, Figure 8E. 8.7.2. Height Regulations. Within the University District the maximum height of buildings in stories and feet shall be as follows: Location,Stories,Feet Within the Blue Band as herein defined,2-1/2,35 Within the Red Band as herein defined,4,56 Within the Yellow Band as herein defined,6,72 Within the Green Band as herein defined,8,98 The Blue Band comprises the land within the University District which (a) is within 100 feet of (i) the center line of Dearborn Road, (ii) the center line of College Avenue, (iii) the center line of Powder House Boulevard, (iv) the center line of that portion of Packard Avenue between Powder House Boulevard and the southwesterly line of Sawyer Avenue, or (v) the center line of Curtis Street between Sawyer Avenue and the City line, or (b) lies southwesterly of the center line of Sawyer Avenue between Packard Avenue and Curtis Street. The Red Band comprises the land within the University District which is not included in the Blue Band and (a) is within 200 feet of (i) the center line of Dearborn Road, (ii) the center line of College Avenue, (iii) the center line of Powder House Boulevard, (iv) the center line of that portion of Packard Avenue between Powder House Boulevard and the southwesterly line of Talbot Avenue, or (v) the center line of Curtis Street between Sawyer Avenue and the City line, or (b) is within 100 feet of the center line of Sawyer Avenue, between the Red Band measured from Curtis Street and the Red Band measured from Packard Avenue. The Yellow Band comprises the land within the University District which is not included in the Blue Band or the Red Band and is (a) within the block bounded by Sawyer Avenue, Curtis Street, Professors Row and Packard Avenue, or (b) within the area bounded by Professors Row, Curtis Street, the City Line and a line parallel to and 350 feet southeasterly from Curtis Street. The Green Band comprises the land wit Are apartments above commercial (mixed use) allowed in any district? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don’t know. " "[INST] Context: TS 2.4.1 Residence in Commercial Districts A residential use located in a commercial district shall conform to the dimensional requirements of the nearest residential district. 2.4.2 Single Family or Two Family Dwellings on Non-Conforming Lots. In any district except a light industrial district, a single family or two family dwelling may be erected on a non- conforming lot in accordance with the provisions of G.L. c40A, s,6, papa.4, which states, in pertinent part: [a]ny increase in area, frontage, width, yard, or depth requirements of a zoning ordinance or by-law shall not apply to a lot for single and two family residential use which at the time of recording or endorsement, whichever occurs sooner was not held in common ownership with any adjoining land, conformed to then existing requirements and had less than the proposed requirement but at least five thousand square feet of area and fifty feet of frontage. Any increase in area, frontage, width, yard or depth requirement of a zoning ordinance or by-law shall not apply for a period of five years from its effective date...to a lot for single and two family residential use, provided the plan for such lot was recorded or endorsed and such lot was held in common ownership with any adjoining land and conformed to then existing requirements as of January first, nineteen hundred and seventy-six, and had less area, frontage, width, yard or depth requirements than the newly effective zoning requirements but contained at least seven thousand five hundred square feet of area and seventy-five feet of frontage, and provided... further that the provisions of this sentence shall not apply to more than three of such adjoining lots held in common ownership. 2.4.3 Change in Lot Configuration. No lot on which a building is located shall be reduced or changed in shape so that the building or lot fails to comply with the minimum lot area, lot width, minimum yard requirements, or other provisions of the by-law applicable to the lot or building. 2.4.4 Multiple Buildings or Uses on a Lot. Multiple principal uses or building on the same lot each must meet the dimensional requirements of Section 2.5 without counting any area, frontage or yard twice. Not m DULT USE shall mean Adult Bookstores, Adult Cabarets, Adult Motion Picture Theaters, Adult Paraphernalia Stores, and Adult Video Stores, alone or in combination, as defined in this by-law. Alteration shall mean any construction, reconstruction or other action resulting in a change of the structural parts or height, number of stories, size, use or location of a building or other structure. Assisted Elderly Housing shall mean a residential facility occupies by persons over the age of 55, their spouses or surviving spouses, including rooms occupied by resident staff personnel. Such a facility may include a full range of nursing care from total to partial assistance, and may provide food preparation services, limited residential food preparation areas, and common recreational, laundry, social, medical, religious and service facilities for the exclusive use of the residents. BED AND BREAKFAST shall mean a private owner-occupied house with three or fewer guest rooms that includes a breakfast in the room rate. Parking to serve bed and breakfast guests shall not be located within the front yard between the residence and the street line except where the board of appeals finds that due to the considerable setback of the building from the street or other unique conditions pertaining to the lot, alternative off-street parking arrangements, such as an existing driveway, will not be detrimental to the neighborhood. BILLBOARD shall mean a large freestanding, permanent sign which directs attention to a business, commodity, services or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is located. BUFFER OR BUFFER STRIP shall mean an area within a site which is adjacent to and parallel with the property line consisting of a continuous strip (except for required vehicle or pedestrian access points) of existing vegetation or created by the use of trees or shrubs, designed to minimize intrusion of dirt, dust, litter, noise, glare from motor vehicle headlights, artificial light (including ambient glare); or view of signs, unsightly ARTICLE 5. DEFINITIONS For the purpose of this ordinance and unless the context of usage clearly indicates another meaning, the following terms shall have the meanings indicated herein; words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the words ""used"" or ""occupied"" include the words ""designed"", ""arranged"", ""intended"", or ""offered"", to be used or occupied; the words ""building"", ""structure"", ""lot"", ""land"", or ""premises"" shall be construed as though followed by the words ""or any portion thereof"", and the words ""shall"" is mandatory and directory, and ""may"" is permissive. Any word indicating gender, such as he or she, shall be construed to mean both genders. Terms and words not defined herein but defined in the Commonwealth of Massachusetts Building Code shall have meanings given therein unless a contrary intention clearly appears. Words not defined in either this ordinance or the State Building Code shall have the meaning given in the most recent edition of Webster's Unabridged Dictionary. Uses listed in the Table of Use Regulations under the categories ""Commercial"" and Industrial"" shall be defined by the Standard Industrial Classification Manual published by the U.S. Bureau of Census. The defined words and phrases are as follows: ACCESSORY APARTMENT shall mean a separate, complete dwelling unit which is; (a) contained substantially within the structure of a one-family dwelling unit, is served by a separate entry/exit and can be isolated from the principal one family dwelling unit, or (b) contained entirely within an accessory building located on the same lot as a one-family dwelling. ACCESSORY BUILDING OR STRUCTURE shall mean a building or structure incidental and subordinate to a principal building or structure and customarily used to serve the purposes of that principal building. A building is accessory only where a principal building exists on the same lot. ACCESSORY USE shall mean a use customarily incidental to and located on the same lot with the principal use. ADULT B ARTICLE 3. GENERAL REGULATIONS 3.1 SIGNS 3.1.1 Signs in Residence Districts In a Neighborhood Residence District and in a Rural Residence and Farming District the following signs are permitted: (a) one non-flashing sign not over two (2) square feet in area for each family residing on the premises including the name of the owner or occupant and/or pertaining to a permitted accessory use. (b) two non-flashing signs aggregating not over ten (10) square feet in area pertaining to a permitted use on the premises other than a dwelling or use accessory thereto or pertaining to a use specifically authorized on the premises by the Board of Appeals. (c) temporary unlighted signs aggregating not over ten (10) square feet in area advertising the sale or lease of the premises. (d) unlighted directional signs not over two (2) square feet in area, indicating the route to, or location of, a lawful use located on another premises. (e) temporary Building Contractors' signs erected only during period of construction. 3.1.2 Signs in Commercial Districts and Light Industrial Districts In a commercial District and Light Industrial district the following signs are permitted: (a) signs painted on or attached flat against the wall of a building (without limitation on the number thereof), but having a total area not exceeding 40% of the area of any one wall. (b) not more than two Free Standing signs aggregating not more than 40 square feet in total area and pertaining to a permitted use located on the premises. (c) signs may have flashing action but may contain no visible moving parts. (d) unlighted directional signs not over two (2) square feet in area, indicating the route to, or location of, a lawful use locate ARTICLE 4. SPECIAL REGULATIONS 4.1 HOME OCCUPATIONS 4.1.1 Allowed Occupations Home occupations shall be allowed without need for a special permit only if meeting all of the following: (a) The occupation shall be operated by a person residing on the premises. At no time shall there be more than one employee present on the premises who is not also a resident thereon. (b) There shall be no evidence of the occupation through persistent or excessive sound, or through vibration, smell, or sight discernible at the boundaries of the premises, except for a sign as permitted by Section 3.1 or for display of produce raised on the premises. (c) Any exterior storage of materials or equipment or business-related parking shall be so located and so screened (through location, grade, or vegetative screening), as to be in compliance with (b) above. (d) Not more than two vehicles requiring registration as taxis, buses, or commercial vehicles shall be regularly parked outdoors on the premises. (e) Traffic generated shall not be more disruptive to the neighborhood than traffic normally resulting from residential development considering volume, type, hours, and other traffic characteristics. The occupation shall be conducted within a dwelling, with no use of accessory structures except for parking or incidental storage in an existing accessory structure. 4.1.2 Occupation on Special Permit A special permit from the Board of Appeals may authorize any or all of the following for a home occupation: (a) Employment on the premises of two or more persons not resident thereon. Not more than there such persons shall be authorized except when, because of the circumstances of the location or the occupation, such additional employment will not adversely affect the neighborhood. (b) Reasonable modification of the limitation in 4.1.1 (b) above. (c) Parking or outside storage not capable of being located and screened as required by 4.1.1 (b) above. (d) Parking of vehicles other than as allowed under 4.1.1 (d) above. (e) A Are apartments above commercial (mixed use) allowed in any district? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don’t know. " "[INST] Context: 10% percent of thy total number of dwelling units at any one time be units of 3 or more bedrooms; b) Multistory parking structures, provided that the structure complies with the design standards for parking structures identified in this by-law, as amended; c) Artist studio/residence; d) Retail stores and offices including, but not limited to salesrooms and showrooms, consumer service establishments, business and professional offices, executive and administrative offices, banks and other financial institutions; e) Drive-in automatic teller machines only if located in a secondary ""kiosk"" style building that is detached from the principle building on the site and the principle building includes 2 or more stories; f) Restaurant and other on-premises eating and drinking establishments. [4.2] Prohibited Uses a)The following uses are prohibited in the Overlay District: i) Adult Entertainment Establishment; ii) Drive-in establishments other than those described in the permitted uses section of this by-law; iii) Funeral establishments; iv) Animal or veterinary hospital; v) Sale of new or used automobiles and trucks, automobile tires and other accessories, aircraft, boats, motorcycles, and household trailers; vi) Automotive repair, automobile service station or garage, including the sale of gasoline; vii) Storage trailers and outdoor storage of goods associated with a commercial use; viii) Dwelling units located below ground level. b)Within SCMUOD Area B, the following uses shall be prohibited: i) Retail ii)Eating and Drinking Establishments [4.3] Special use provisions: Ground floor uses a) Ground floors of buildings fronting streets or public access ways shall be reserved for commercial uses except as specified below. b) Dwelling units shall be allowed on ground floors of buildings only where: the building i TABLE OF DIMENSIONAL AND DENSITY REGULATIONS District,Use,Minimum l ol Area (sq ft ),Minimum I of Width (ft),Minimum of Frontage (ft),Minimum of Depth (f) ),Minimum Front (II),Yard Side (ft),Rear (ft,Maximum Height (f) ),Maximum Stories (No ),Maximum Building Area (%),Minimum Open Space (%) R M,Multi Family Apartment House Multi family Row House (Town House Condominium) Two Family Dwelling Any other permitted use (5),2 000 sq ft per dwelling unit + 2 000 sq ft per bedroom per dwelling unit (7),150(5) 100(5),150(5) 100(5),80,25,10(2),30,40,4,- 30,30 10) RU,Two Family Dwelling,35 000 (7),120(5),120,100,25,15(1),40,35,25,30,50 ,Single Family Dwelling,25 000(7),80,80 (5),80,25,15,40,35,25,30,50 ,Any other permitted use,35 5000(7),120(6),120(G),80,25,15,40,35,25 5,30,50 10) RC,Any permitted use,40 000(7),100,100(5),120,35,15,40,35,3,25,50 10) RB,Any permitted use,55 000(7),125,125(5),140,40,20,40,35,25,20,50 10) RA,Any permitted use,""55,000 (9)"",150,150(5),180,40,20,50,35,2 5,20,50 CBU,Any permitted use,2 500,20,20,75,0,0,10,40,3,90,0 GB,Any permitted use,10 000 (7),50,50,75,15,5,30,40,3,70,10 NB,Any permitted use,10 000 (7),50,50,75,15,5,30,30,2 5,50,20 HB,Hotel and Molel,20 000 + 3 000 per unit (7),80,80,100,20,15,40,40,4,40,30 ,Any permitted use,20 000 (7),80,80,100,20,15,40,85(8),6(8),40,30 I Amended,Any permitted use by action of Town Meeting April 30,80 000 (7) 1979 Article 27,125,150,125,25,20,40,40,4,50,25(3) R M Previous amendment voted June 17 1981 Article 16 (7) Amended by action of Special Town Meeting November 12 1996 Article 6 (8) Amended by action of Special lown Meeting on May 5 1997 Article #9 ID 29 (6) Amended by action of Annual Town Meeting April 24 1989, Article 42 fronting streets or public access ways shall be reserved for commercial uses except as specified below. b) Dwelling units shall be allowed on ground floors of buildings only where: the building is set behind another building which has commercial uses on the ground floor; or the residential portion of the first floor of a building is set behind street-front retail/office/restaurant uses within the same building; or, in other cases where the SPGA feels that street-front residential uses will not have an adverse impact on the continuity of the commercial street front uses. c) Ground floor commercial uses within the SCMUOD Area B are to be limited to professional offices. [5.0] Standards and Criteria [5.1] General Criteria In addition to the specific criteria contained within this section, the SPGA shall consider the following criteria, where relevant before issuing a special permit for development within the SCMUOD: a. Adequacy of the site in terms of the size of the proposed use(s); b. Adequacy of the provision of open space, its accessibility to the general public, and / or its association with adjacent or proximate open space areas; c. Suitability of the site for the proposed uses(s); d. Impact on traffic and pedestrian flow and safety; e. Adequacy of pedestrian access to buildings and between public spaces; f. Impact on the visual character of the Center business area and surrounding neighborhood; g. Adequacy of utilities, including sewage disposal, water supply and storm water drainage; h. Impact of the proposal on the existing mix of structures and businesses in the Town Center; and i. The alignment of future road(s) that may be developed in the Town Center. The SPGA may disapprove a proposal that results in the loss of architecturally or historically significant buildings or groups of buildings (for example, converted residentia STOUGHTON CENTER MIXED USE OVERLAY DISTRICT ZONING BY-LAW [1.0] Purpose and Intent a) There is hereby established a Stoughton Center Mixed Use Overlay District (SCMUOD) zoning by-law and overlay zoning district by-law map. The benefits of the SCMUOD Zoning By-law shall accrue only to those parcels located within the boundary of the SCMUOD. b) The SCMUOD is intended to apply only to the Town Center portions of the Central Business District (CBD), General Business (GB) district, Industrial (I) district, and Residential Urban (RU) district as shown on the attached overlay zoning district by-law map. c)The SCMUOD is established for the accomplishment of the following purposes: maintain the cultural and architectural integrity of the Center; promoting a range and balance of residential and commercial uses in the Center; promoting efficient use of land within the Town; facilitating integrated physical design and synergies between activities; facilitating an increase in the variety of housing stock available in the Center; enhancing vitality in the Center during both day- and night-time; promoting a pedestrian-friendly living and working environment that encourages transit use and bicycling; facilitating economic development of the Center while remaining consistent with the established Design Guidelines and sensitive to environmental impacts; encouraging building reuse and appropriate infill development; promoting innovative and sustainable building and site design. [2.0] Scope of Authority a) The SCMUOD shall not restrict the owner's rights relative to the underlying zoning districts. However, if the owner elects to use the SCMUOD for development purposes, the development shall conform to the requirements of the Stoughton Center Mixed Use Overlay District by-law. b) Where provisions of this SCMUOD by-law refer to the provisions in the underlying zoning bylaws and there is a conflict to the requirements of the Stoughton Center Mixed Use Overlay District by-law. b) Where provisions of this SCMUOD by-law refer to the provisions in the underlying zoning bylaws and there is a conflict between these provisions, the provisions of this SCMUOD by-law shall prevail. [2.1] Definitions For all purposes pursuant to this by-law, all terms and words used shall have the meanings as defined by the current Stoughton zoning by-law and shall also include the following: ARTIST STUDIO/RESIDENCE : A place of work and residence of one or more persons who are engaged actively, and either gainfully employed or as a vocation, in commercial graphic arts; fine arts, including but not limited to painting, printmaking, sculpting, or ceramics; art and document restoration; the performing and visual arts, including but not limited dance, choreography, photography or filmmaking or the composition of music. This definition does not include any use included in the Adult Entertainment Establishment in the Stoughton zoning by-laws, as amended. MIXED USE DEVELOPMENT : A combination of residential and non-residential uses, as permitted within the SCMUOD, arranged vertically (in multiple stories of buildings), or horizontally (adjacent to one another in one or more buildings) within a lot. [2.2] District Areas a) The SCMUOD shall be divided into two distinct areas: SCMUOD Area A and SCMUOD Area B, as shown on the SCMUOD map. b) Unless specified otherwise in this by-law, all use, dimensional and design requirements for developments in SCMUOD Area B shall be the same as those within SCMUOD Area A, as amended. c) SCMUOD Area B displays a particular physical character that warrants a slightly different planning approach to the remainder of the SCMUOD. The goal of creating Area B is to preserve the physical character of the Area while allowing architecturally appropriate additions and re-use of buildings Are apartments above commercial (mixed use) allowed in any district? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: strial Districts, Limited Industrial Districts, and Industrial Park Districts, auxiliary outside storage or use shall be permitted provided that such outside storage or use shall not exceed in ground area a space equal to the number of square feet occupied by the building. Outside parking areas may be allowed at the sides of a building provided they are adequately screened and set back from the front of the building. [See section 3530, Landscaping Requirements for Property Lines] 2248. In Limited Industrial Districts and Industrial Park Districts, the regular parking of commercial motor vehicles within 1,000 feet of a residential district except wholly within a completely enclosed building is prohibited. 2249. In Research Districts only, such non-nuisance research, development or engineering work as must necessarily, or may more conveniently, be conducted outside. 2300. ACCESSORY USES AND STRUCTURES. 2310. Accessory Uses. Any use permitted as a principal use is also permitted as an accessory use provided such use is customarily incidental to the main or principal building or use of the land. Any use authorized as a principal use by special permit may also be authorized as an accessory use by special permit provided such use is customarily incidental to the main or principal building or use of the land. Any use not allowed in the district as a principal use is also prohibited as an accessory use. Accessory uses are permitted only in accordance with lawfully existing principal uses. In all instances where site plan review and approval is required for a principal use, the addition of any new accessory use to the principal use, where such addition exceeds the thresholds established in Section 6300, shall also require site plan review and approval. 2311. Family Day Care and Adult Day Care. Family Day Care is a permitted accessory use. Adult Day Care may be permitted as a principal or an accessory use upon the issuance of a special permit by the Board of Appeals. Providers shall comply with all applicable federal, state, and local laws. 2312. Boarders in Single-family Dwelling. The renting of rooms and/or furnishing of Dimensional Regulations. 2330. Home Business - As of Right. A registered home business may be allowed as of right in all residential zoning districts, provided that it: 2331. is conducted solely within a dwelling and solely by the person(s) occupying the dwelling as a primary residence; 2332. is clearly incidental and secondary to the use of the premises for residential purposes; 2333. does not produce offensive noise, vibration, smoke, dust, odors, heat, lighting, electrical interference, radioactive emission or environmental pollution; 2334. does not utilize exterior storage of material or equipment (including the parking of commercial vehicles); 2335. does not exhibit any exterior indication of its presence or any variation from residential appearance; 2336. does not produce more than one customer round trip per day to the occupation site; 2337. is registered with the Zoning Enforcement Agent. 2340. Home Business - By Special Permit. A registered home business may be allowed in all residential zoning districts by special permit issued by the Board of Appeals, provided that it: 2341. fully complies with Sections 2332, 2333 and 2334 above. 2342. is conducted within a dwelling, or within a building accessory to a dwelling, solely by the person(s) occupying the dwelling as a primary residence and, in addition to the residents of the premises, by not more than one additional employee; 2343. does not exhibit any exterior indication of its presence, or any variation from residential appearance, except for a sign or name plate compliant with Section 3200; 2344. a special permit for such use is granted by the Board of Appeals, subject to conditions including, but not limited to, restriction of hours of operation, maximum floor area, off-street parking, and maximum number of daily customer vehicle trips. 2400. NON-CONFORMING USES AND STRUCTURES. 2410. Applicability. This Zoning Bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which cability. The Planning Board, acting as Special Permit Granting Authority, may grant a Special Permit for construction of an Incentive Senior Development and accessory structures, in the following zoning districts: Single Residence ""A"", Single Residence ""C"", Limited Business, Village Business and Research District. 5430. Standards. The following standards shall apply to all Incentive Senior Developments: 5431. Tract Qualification. At the time of granting a special permit by the Planning Board, the property under consideration for an Incentive Senior Development shall be located on a contiguous parcel, not separated by a public or private way, with definite boundaries ascertainable from a recorded deed or recorded plan, having an area of at least 10 acres. For parcels greater than 20 acres, parcels may be separated by a private or public way. 5432. Age Qualification. An Incentive Senior Development shall constitute housing intended for persons of age fifty-five (55) or over within the meaning of M.G.L. c151B, §4, §6 and 42 USC §3607(b)(2)(c), and in accordance with the same, one hundred percent (100%) of the dwelling units in an Incentive Senior Development shall each be owned and occupied by at least one person fifty-five (55) years of age or older per dwelling unit, and such development shall be operated and maintained in all other respects in compliance with the requirements of said statutes and regulations promulgated pursuant thereto. In the event of the death of the qualifying owner/ occupant(s) of a unit, or foreclosure or other involuntary transfer of a unit in such a development, a two-year exemption shall be allowed for the transfer of the unit to another eligible household. 5433. Applicant Qualifications. The applicant for a Special Permit under the provisions of this section shall be the owner of the tract proposed for such Development or be authorized in writing by the owner to apply for and be issued such Special Permit, and shall establish to the satisfaction of the Planning Board that the applicant has knowledge, experience and financial resources su ARTICLE 5000. ALTERNATIVE RESIDENTIAL REGULATIONS. 5100. CLUSTER DEVELOPMENT. 5110. Purpose. The purpose of Cluster Development is to maintain land use density limitations while encouraging the preservation of common land for conservation, agriculture, open space, and recreational use; to preserve historical or archeological resources; to protect existing or potential municipal water supplies; to protect the value of real property; to promote more suitable siting of buildings and better overall site planning; to promote better utilization of land in harmony with neighboring parcels, with its natural features and with the general intent of the zoning bylaw through a greater flexibility in design; and to allow more efficient provision of municipal services. 5120. Applicability. The Planning Board may grant a Special Permit for a Cluster Development in Single Residence ""A"", Single Residence ""C"" and the Wayside Inn Historic Preservation Residential Zone Districts for single family detached dwellings and accessory structures, subject to the provisions of this Section 5100. 5130. Standards. The following standards shall apply to all Cluster Developments: 5131. Minimum Tract Size. Cluster Developments shall be located upon a single tract, in common ownership with definite boundaries ascertainable from recorded deed or recorded plan, having an area of at least 10 acres and undivided by land of separate ownership or by a private or public right-of-way. 5132. Number of Building Lots Permitted. The total number of building lots in a cluster development shall be no greater than the number of building lots that would otherwise be allowed in the district in which the land is located. For purposes of this section, ""building lot"" shall mean any lot found by the Planning Board, Board of Health and Conservation Commission, at the time of application, assuming compliance with the Zoning Bylaw, to be suitable for the construction thereon of residential dwelling units under the rules and regulations of the Town of Sudbury and t and Research Districts may erect a sign or signs subject to the following: 3261. Exterior Wall Signs. a) First Floor Businesses. Except as may otherwise be provided, one primary and two secondary exterior wall mounted, projecting or roof signs shall be permitted for each first floor business, not including directional signs, on the building in which the business is located. The total allowed sign face area of all exterior signs is calculated by taking 100% of the primary building frontage plus 40% of each secondary building frontage, up to a maximum of three total building frontages. The total size of the business signage is shown in Chart A. The primary sign shall represent no more than 75% of the total allowed sign face area. Secondary signage must be affixed to that portion of a building which is occupied by the business affixing such sign. If the sign is a series of awning valances it is considered one secondary sign. The square footage allowance is for direct-illuminated signs. Those primary or secondary signs which are self-illuminated silhouette or face-lit channel letters shall have their square footage allowance reduced by one-third (1/3). CHART A Building Frontage (In linear feet),Maximum Area of Total Sign Face (In square feet) 0.1 to 19.9,30 20 to 39.9,33 40 to 59.9,36 60 to 79.9,39 80 to 99.9,42 100 to 119.9,45 120 to 139.9,48 140 to 159.9,51 160 to 179.9,54 180 to 199.9,57 200 to 219.9,60 220 to 239.9,63 240 and above,65 b) Second Floor Businesses. One primary exterior wall mounted sign shall be permitted for each second floor business, not to exceed ten (10) square feet. No such sign shall obscure windows or other architectural elements on a building. 3262. Projecting signs. A projecting sign may be erected in lieu of an exterior sign only when such exterior sign is permitted under Section 3261, providing it does not exceed sixteen (16) square feet per side. The projecting sign shall not extend beyond the top of the roof or ridge line of the building. 3263. Directory Sign/General Directory Sign: One directory wall sign on whic Are apartments above commercial (mixed use) allowed in any district? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know" "[INST] Context: § 145-27 Downtown Commercial District (DCD). A. Purpose. The Downtown Commercial District is designed to accommodate a wide variety of commercial activities (particularly those that are, or could be, pedestrian oriented) that will result in a concentrated and attractive use of Townsend's limited central business district, while preserving and enhancing many of the existing structures within the downtown area. New structures and additions shall retain the New England village architectural character of the abutting historic district. B. DCD permitted uses: (1) All municipal purposes, including the administration of government, fire, and police stations. (2) Educational and religious uses. (3) Detached single (one) family dwellings. (4) Retail sale and rental of goods, merchandise and equipment. (5) Office, clerical, professional, research, and services not primarily related to goods or merchandise. [Amended 12-16-2003 STM by Art. 1] (6) Restaurants, or other places serving food or beverage. (7) Self-service storage facilities consisting of a building or buildings providing individual small self-contained units or an enclosed area leased or owned for the storage of business and household goods and equipment, and which is operated as a commercially managed business. [Added 5-1-2007 ATM by Art. 25] (8) Such accessory uses as are customarily incidental to any of the above uses. C. DCD uses allowed by special permit from the Board of Appeals (see Article XI): (1) Bed and breakfast. (2) One to six dwelling units within a structure existing on the lot or for which a building permit has been issued as of January 1989, provided sufficient off-street parking is available on site. (3) Mixed use (residential/commercial). (4) Sales facility for boats, camper-trailers, farm equipment or construction equipment. [Amended 5-7-2002 STM by Art. 18] D. Special provisions for parking in Downtown Commercial District. Within the Downtown Commercial District, the Planning Board may, through the site plan review special permit process (§145-42), waive strict compliance with the parki 1989, provided sufficient off-street parking is available on site. (2) Mixed use (residential and commercial). D. Special provisions for parking in Neighborhood Commercial District. Within"" the Neighborhood Commercial District, the Planning Board may, through the site plan review special permit process (145-42), waive strict compliance with the parking requirements (Article VIII and 145-42) and setback of parking requirements ( 145-32) of the Zoning Bylaw if the Planning Board determines the proposed use will be able to utilize existing on- or off-street parking or will not generate sufficient parking needs to create a hazard or nuisance. §145-29. Outlying Commercial District (OCD). A. Purpose. The Outlying Commercial District is designed to accommodate the widest range of permitted commercial activities. B. OCD permitted uses: (1) All municipal purposes, including the administration of government, fire, and police stations. (2) Educational and religious uses. (3) Sale and rental of goods, merchandise and equipment. (4) Restaurants or other places serving food or beverage. (5) Office, clerical, professional, research, and services not primarily related to goods or merchandise. (6) Detached single (one) family dwellings. (7) Such accessory uses as are customarily incidental to any of the above uses. (8) Hotel/motel in operation prior to January 1, 1970, provided the requirements of 145-35, 145-4? and 145-65 are met. [Added 4-29-1991 ATM by Art. 41] C. OCD uses allowed by special permit from the Board of Appeals (see Article XI): (1) Athletic and recreational facilities excluding motorized vehicular sports - and recreational facilities. (2) Commercial entertainment/amusement facilities. (3) Motor vehicle service stations, motor vehicle sales, and motor vehicle repair shops, whether ancillary to sales or not. (4) Storage and parking of goods and equipment. (5) Hotel/motel. (6) Sales facility for boats, camper-trailers, farm equipment or construction equipment. [Amended 5-7-2002 STM by Art. 18] §145-30. Industrial District (ID) ARTICLE IX Special Provisions §145-34. Additional requirements. §145-35. Motels. A. The density of motel units per acre shall be no more than five. [Amended 5-18-1987 STM by Art. 22] B. On each lot used for motel purposes there shall be provided front yard 60 feet in depth, rear and side yards each not less than 50 feet in depth. C. A space not less than 20 feet shall be maintained open with grass, bushes, flowers or trees all along each side lot, rear lot and front lot, except for entrance and exit driveways, and such open space shall not be built on, nor paved nor used for parking. D. No space within the required front yard depth shall be used for parking except as a temporary nature such as for registering. No parking spaces are allowed in required yard depths and all parking shall be at the side, rear or under the building for which it is intended. E. Each motel site shall be provided with not more than two motor- vehicle driveways for each abutting street which shall intersect the abutting street or streets at 90. F. Each rental unit shall contain not less than 250 square feet of habitable floor area. G. Subject to Board of Appeals, uses such as but not limited to restaurants, convention facilities, health clubs, retail shops, beauty and barber shops are permitted within motels containing 100 or more units. H. Hotels/motels in operation prior to January 1, 1970 have the capability to expand to a maximum density of 10 units per acre with or without individual kitchens. [Added 4-29-1991 ATM by Art. 41] §145-36. Accessory apartments in residential district. A. Purpose. Recognizing the need to provide alternative affordable housing for family members, the following regulations are established for accessory apartments in a residential district. It is expressly understood that this section does not provide for ""two-family"" or ""duplex"" type housing. [Added 12-4-1990 STM by Art. 9] B. An owner or owners of a single-family dwelling in an RA or RB District may apply to the Board of A and equipment. (5) Hotel/motel. (6) Sales facility for boats, camper-trailers, farm equipment or construction equipment. [Amended 5-7-2002 STM by Art. 18] §145-30. Industrial District (ID). A. Purpose. The Industrial District is designed to accommodate commercial and industrial enterprises engaged in the manufacturing, processing, creating, repairing and storage of goods, merchandise and equipment; and adult use establishments (as defined in 145-53). [Amended 9-9-1997 STM by Art. 9] B. ID permitted uses: (1) All municipal purposes, including the administration of government, fire, and police stations. (2) Sale and rental of goods, merchandise, and equipment. (3) Office, clerical, professional, research, and services not primarily related to goods or merchandise, not greater than 10,000 square feet of gross floor area per establishment. (4) Motor vehicle service stations, motor vehicle sales and motor vehicle repair shops, whether ancillary to sales or not. (5) Converting, fabricating, manufacturing, altering,. finishing, or assembling, not greater than 25,000 square feet of gross floor area per establishment. (6) Warehousing storage, and parking of goods and equipment. (7) Sales facility for boats, camper-trailers, farm equipment or construction equipment. [Amended 5-7-2002 STM by Art. 18] (8) Such accessory uses as are customarily incidental to any of the above uses. C. ID uses allowed by special permit from the Board of Appeals (see Article XI): (1) Office, clerical, professional, research, and services not primarily related to goods or merchandise occupying more than 10,000 square feet of gross floor area per establishment. (2) Converting, fabricating, manufacturing, altering, finishing, or assembling occupying more than 25,000 square feet of gross floor area of a building for any one or combination of such uses. (3) Golf course, but not including a miniature golf course. D. ID uses allowed by special permit from the Planning Board (see Article XI): (1) Adult use establishments (as defined in 145-53). [Added 9-9-1997 STM by Art. 10] s section does not provide for ""two-family"" or ""duplex"" type housing. [Added 12-4-1990 STM by Art. 9] B. An owner or owners of a single-family dwelling in an RA or RB District may apply to the Board of Appeals for a special permit for the construction and occupancy of an accessory dwelling unit, hereinafter ""accessory apartment"" .in such single-family dwelling. In no case shall there be more than one accessory apartment in any single-family dwelling. C. In accordance with the provisions of Article XI of this bylaw, and after due consideration of the report and recommendation of the Board of Health (see Subsection C), the Board of Appeals may grant a special permit provided that: [Amended 12-4-1990 STM by Arts. 10 and 11; 4-27-1991 STM by Art. 7] (1) The accessory apartment is accessory to the principal residence, the floor area of the apartment shall not exceed 35% of the floor area of the principal residence and the apartment combined, and either the apartment or the principal residence is occupied by the owner of the lot on which the apartment is to be located, except for bona fide temporary absences. (2) Adequate provision has been made for the disposal of sewage, waste and drainage of such accessory apartment in accordance with the requirements of the Board of Health. (3) Adequate provision has been made for ingress and egress to the outside from such accessory-apartment. (4) The construction and occupancy of the accessory apartment will not be detrimental to the neighborhood in which the lot is located. (5) The lot on which the accessory apartment and principal residence are located contains at least one acre. (6) Adequate provision has been made for off-street parking of motor vehicles in such a fashion as is consistent with the character of a single-family residence. (7) There is no other apartment on the lot on which the accessory apartment is to be located. D. In order to ensure compliance with Subsection B(2) above, the applicant shall obtain and submit to the Board Are apartments above commercial (mixed use) allowed in any district? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: in the Table of Use Regulations, provided that there is compliance with all provisions of this section. 7.6.3 Use Limitations. Such additional family living unit shall be limited to a maximum of four (4) persons, so conditioned, provided, further, that the owner of record is an occupier of the structure which includes the accessory family dwelling unit. No boarders or lodgers shall be allowed in either dwelling unit. There shall be no other living unit on the lot which such accessory unit is to be located. 7.6.4 Disposal of Sewage. Adequate provision shall be made for the disposal of sewage, waste and drainage generated by the occupancy of such accessory unit in accordance with the requirements of the Board of Health. Such determination shall be made prior to the application for a special permit and included with such application. 7.6.5 Ingress; Egress; and Access. Adequate provision, as determined by the Building Inspector, shall be provided for ingress and egress to the outside of each unit separately. To the extent possible, exterior passageways and accessways shall not detract from the single-family appearance of the dwelling. An interior doorway shall be provided between each living unit as a means of access for purposes of supervision and emergency response. All stairways to additional stories shall be enclosed within the exterior walls of the structure. 7.6.6 Required Finding. The Zoning Board of Appeals shall determine that such conversion, new construction and occupancy of each unit shall meet the requirements of this section. 7.6.7 Area Limitation. Such accessory unit shall be limited to a maximum of twenty-five percent (25%) in floor area of the principal residence or eight hundred (800) square feet, whichever is greater, exclusive of any garage, shed or similar structure or other accessory use attached to the dwelling. 7.6.8 Plans. Floor plans of the accessory unit and principal residence, with a certified site plan showing the dwelling on the lot and its relationship to t ate income under programs regulated and financially assisted by agencies of the government of the United States or of the Commonwealth of Massachusetts under programs for that purpose. The special permit shall impose appropriate safeguards to ensure continued use of forty percent (40%) or more of the family units for subsidized housing. No special permit shall be issued prior to receipt of such advisory, unless forty-five (45) days have elapsed from the date of submission of the request by the Zoning Board of Appeals. Failure to advise within the time limit shall be deemed a favorable recommendation. 7.5.10 Phasing. Upon authorization of multifamily use by the Zoning Board of Appeals, the Planning Board shall establish an annual limit for the number of dwelling units to be authorized, taking into consideration the town-wide building rate experienced over the previous two (2) years and anticipated over the next half dozen years, the needs which the housing will serve, the ability of the town to provide services in a timely manner and the housing cost and feasibility consequences of the limitation. 7.6 ACCESSORY FAMILY DWELLING UNIT 7.6.1 Purpose. The intent and the purpose of this section is to permit accessory dwelling units in single-family residential districts subject to the standards and procedures here and after set forth. It is also the intent to assure that the single-family character of the neighborhood will be maintained and that the accessory unit remains subordinate to the principal living quarters. 7.6.2 Special Permit. A special permit may be granted for the conversion of, by attachment via common wall or containment within, an existing single-family dwelling only or new construction of the same only to accommodate an additional family living unit in districts where allowed in the Table of Use Regulations, provided that there is compliance with all provisions of this section. 7.6.3 Use Limitations. Such additional family living unit shall be limited to a maximum of four (4) pe use unless approved by the Planning Board. 3. Capacity of any restaurant/snack bar shall not exceed sixty (60) seats unless approved by the Planning Board. 4. Ancillary uses located within a residential structure shall have no exterior advertising display except for signs approved by the Planning Board, with advice from the Inspector of Buildings. 5. No on-site public retail or professional services shall be permitted as primary or ancillary uses within a RA or RB zoning district. 7.4.7 Decision. The Planning Board may impose additional conditions not inconsistent with this or other sections of the Zoning By-Law. 7.5 MULTIFAMILY DWELLINGS 7.5.1 Administration. The Board of Appeals may grant a special permit for the construction and occupancy of multifamily dwellings on any parcel in excess of five (5) contiguous acres in the RM District subject to the following regulations and conditions. 7.5.2 Application. Applicants shall submit to the Board of Appeals five (5) copies of the following: 1. An application. 2. A site plan prepared by a registered architect, landscape architect and civil engineer, showing existing and proposed topography, proposed structures, drives, parking, landscaping and screening, utilities, drainage and reserved open space, if any. 3. A ground floor plan, sections and elevations of all proposed buildings. 4. Materials indicating the proposed number of dwelling units, distinguishing units by number of bedrooms and any special occupancies (elderly or handicapped); form of tenure and subsidies anticipated; rent or sales prices, including any commitments for price ceilings; methods of water supply and sewerage disposal; time schedule for construction of units and improvements; service improvements proposed at the developer's and those anticipated at the town's expense; and means, if any, of providing for design control. 7.5.3 Impact Statement. An analysis of the consequences of the proposed development, shall be submitted, evaluating the following imp SECTION 3.0. USE REGULATIONS 3.1 PRINCIPAL USES. Except as provided by law or in this By-law in each district, no building or structure shall be constructed, used or occupied, nor shall land be used or occupied, except for the purposes permitted as set forth in the accompanying Table of Use Regulations. [Amended 11-16-2009 STM, Art. 14; 5-5-2010 ATM, Art. 23; 5-5-2010 ATM, Art. 24; 5-5-2010 ATM, Art. 25] 3.1.1 By Right. A use listed in the Table of Use Regulations is permitted as of right in any district under which it is denoted by the letter ""Y"" subject to such restrictions as may be specified elsewhere in this Bylaw. 3.1.2 Special Permit; Board of Appeals. A use designated in the Table by the letters ""BA"" may be permitted as a special permit only if the Board of Appeals so determines and grants a special permit therefor as provided in Section 9.4 of this Bylaw subject to such restrictions as are set forth elsewhere in this Bylaw, and such restrictions as said Board may establish. 3.1.3 Special Permit: Planning Board. A use designated in the Table by the letters ""PB"" may be permitted as a special permit only if the Planning Board so determines and grants a special permit therefor as provided in Section 9.4 of this Bylaw subject to such restrictions as are set forth elsewhere in this Bylaw, and such restrictions as said Board may establish 3.1.4 Special Permit; Board of Selectmen. A use designated in the Table by the letters ""SB"" may be permitted as a special permit only if the Board of Selectmen so determines and grants a special permit therefor as provided in Section 9.4 of this Bylaw subject to such restrictions as are set forth elsewhere in this Bylaw, and such restrictions as said Board may establish. TABLE OF PRINCIPAL USE REGULATIONS PRINCIPAL USES A. RESIDENTIAL USES,RA,RB,RM,CH,CD,CV,CN,CO,I, Single-family dwelling,,,,,YYYYYYYN, ,,,, Mobile home or trailer,,,,,NNNNNNNNN,,,,, Two-family dwelling,, ,,,NYYBAYBAYNN,,, ,, Conversion of single-family to two- family dwelling, , , ,, NYYBAYBAYNN,, , ,, Conversion of single or two family to dwelling with not more than four units, , , , , NNNNNNBANN, ,, , , Multifamily dwelling,, ,,,NNBANNNNNN,,,,, Lodging or boarding house,, , , , NNNYYYBANN, ,, ,, Assisted living facility,, , , , YYNYYNBANNSee, ,, SECTION 7.0. SPECIAL RESIDENTIAL REGULATIONS 7.1 DWELLING CONVERSION 7.1.1 General. A special permit may be granted for conversion of an existing structure to accommodate additional families in districts where allowed under the Table of Uses, provided that the following are complied with: 1. No extension to the principal structure shall be made or additional exterior entrances created within sight from a street. 2. Lot area shall be not less than the minimum required for a single-family dwelling at that location, plus fifty percent (50%) of the required area for each dwelling unit in excess of one (1). 3. The added dwelling units shall be served by the town sewerage system or by a new on-site disposal system meeting the requirements of Title V of the State Environmental Code. 4. No parking space provided to meet the requirements of Section 5.1 shall be located within a required front yard or block egress from another parking space. 5. Floor area shall equal at least seven hundred (700) square feet per dwelling unit. 7.2 SENIOR RESIDENTIAL COMMUNITY (SRC) 7.2.1 Purpose. The purpose of this section is to: 1. promote alternative housing for a maturing population; 2. provide a type of housing which reduces residents' hardships of property maintenance and which reduces demands on municipal services; and 3. promote flexibility in land use planning in order to improve site layouts, safety, protection of natural attributes and environmental values and utilization of land in harmony with neighboring properties. 7.2.2 Administration. The Planning Board may grant approval for the construction and occupancy of a senior residential community, supplemented by appropriate amenities as agreed to by the owner, of a parcel of land in excess of five (5) contiguous acres located in a Residential District, subject to the following regulations and conditions. 7.2.3 Age Restriction. Any application for a SRC shall indicate, and ensuing use shall sustain, compliance with G.L. c. 151B, sectio Is multi-family housing listed as allowed through conversion (of either single family houses or non residential buildings)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: SECTION 400. CONVERSION TO APARTMENTS AND CONDOMINIUMS Any building, dwelling, or structure to be converted to apartments or condominiums must have the following minimum square feet of land area: In Zone RA: Two (2) living units: Sixty thousand (60,000) square feet of land area. Three (3) living units: Ninety thousand (90,000) square feet of land area. Four (4) living units: One hundred twenty thousand (120,000) square feet of land area. Each additional unit of living space above four (4) units will require an additional 30,000 square feet of land area. In Zone RB: Two (2) living units: Forty thousand (40,000) square feet of land area. Three (3) living units: Sixty thousand (60,000) square feet of land area. Four (4) living units: Eighty thousand (80,000) square feet of land area. Each additional unit of living space above four (4) units will require an additional 20,000 square feet of land area. In Business Zone: Requirements will be the same as in Zone RB. In Zone RC: Requirements will be the same as in Zone RB. Industrial Zone: No conversions to condominiums or apartments are allowed. These requirements are in addition to any other zoning by-law requirements that are in effect and do not delete from other requirements. All conversions are subject to all state and local building codes and all state statutes. elopment of new or rehabilitation of existing dwelling units for affordable housing occupants; or (b) a housing trust or community development corporation designated by the Town and created under the laws of the Commonwealth of Massachusetts. 952.4. AFFORDABLE HOUSING UNIT . A dwelling unit available at a cost of no more than 30% of gross household income of households at or below 80% of the Lawrence median income as reported by the U.S. Department of Housing and Urban Development, including units listed under G.L. c.40B sect. 20-24 and the Commonwealth's Local Initiative Program. 952.4.1. Rental units shall be made available at an initial rent that is calculated such that a hypothetical household with 1.5 persons per bedroom and with an income of 80% of median income would be paying 30% of gross income on rent and tenant-paid utilities, unless the occupant has a tenant-based subsidy, in which case the rent may be the amount allowed under the subsidy, provided that the occupant is not paying more than 30% of gross income on rent and tenant-paid utilities. 952.4.2. Sales units shall be made available at a sales price that is calculated such that a hypothetical household with 1.5 persons per bedroom and with an income of 80% of area median income would be paying 30% of gross income towards a mortgage, mortgage insurance, condominium fee and property taxes for a standard thirty-year mortgage at 95% of sales price. 952.5. QUALIFIED AFFORDABLE HOUSING UNIT PURCHASER OR TENANT . An individual or family with household incomes that do not exceed 80% of the median income, with adjustments for household size, as determined by regulations promulgated by the United States Department of Housing and Urban Development (HUD) and the Commonwealth's Local Initiative Program, or any successor federal or state program. 952.6. PROJECT : Any residential or other development, including a cluster development, which results in the construction of new dwelling units, including those set forth in paragraph 3, subparagraph a, b, or c herein. Where the project is a life care facility development, as set forth i section has been amended as per an ordinance approved at a town meeting held on 4/30/01. 109.3. New Dwelling Unit Limitation Town Wide: 109.3.1. Building permits shall not be issued authorizing construction of (or conversion to) more than 36 dwelling units town-wide in single-family and two-family dwellings in any fiscal year of the town. 109.3.2. Applications refused because of this limitation shall be held and acted upon in chronological sequence based upon the time of complete application to the Building Inspector's Office. 109.4. Individual Development Phasing: 109.4.1. Building Permits shall not be issued authorizing construction of more than nine (9) dwelling units in single-family or two-family dwellings (exclusive of unused authorizations which have lapsed or have been withdrawn) in any fiscal year of the Town on any set of lots which were created from land which, as of the date of adoption of this Law, was contiguous and in the same ownership (or in different ownership each involving one (1) or more of the same principals). 109.5. Procedures: 109.5.1. No more than nine (9) single-family residential building permits shall be issued to any one applicant in any fiscal year. The procedures for issuing the single-family residential building permits referred to herein shall be as follows: 109.5.1.1. The applicant must complete and file a ""Request to Submit an Application for a Building Permit"" (RSAPB) to the building department. The applicant should submit the RSAPB, only after they have completed a building permit application package for the subject property. 109.5.1.2. The building department will accept RSAPB on a first-come, first-served basis during normal business hours. The department will assign consecutive numbers to RSAPBs as each is received, and will stamp the date of receipt of each request. Applicants may not submit during any fiscal year, RSAPBs, than that number of single-family residential building permits, to which the applicant would be entitled during such year in accordance with this By-law. 109.5.1.3. The building department will elopment, which results in the construction of new dwelling units, including those set forth in paragraph 3, subparagraph a, b, or c herein. Where the project is a life care facility development, as set forth in paragraph 3, subparagraph c., the term ""dwelling unit"" shall be construed to mean ""assisted living unit"". 953. Applicability. This section shall apply to: 953.1. Division of Land. The division of land into four (4) or more lots shall require a special permit from the special permit granting authority (SPGA). A special permit shall be required for land divisions under G.L. c.40A sect. 9 as well as for ""conventional"" or ""grid"" divisions allowed by G.L. c.41 sect. 81-L and sect. 81-U, including those divisions of land that do not require subdivision approval. 953.2. Multiple Units. Any project that results in any net increase of four (4) or more dwelling units, whether by new construction or by the alteration, expansion, reconstruction or change of existing residential or non-residential space, whether on one or more contiguous parcels, shall require a special permit from the SPGA. 953.3. Any life care facility development that includes four (4) or more assisted living units and accompanying services. 953.4. The intentional segmentation of projects designed to avoid the requirements of this bylaw (e.g. subdividing one large tract into two smaller tracts, each of which will contain fewer than 4 units or phasing a development such that each phase will contain fewer than 4 units) is expressly forbidden. Parcels held in common ownership as of the passage of this bylaw cannot later defeat the requirements of this regulation by segmenting the development. 954. Mandatory Provision of Affordable Units: 954.1. The SPGA shall, as a condition of approval of any development referred to in Section 3, require that the applicant for special permit approval comply with the obligation to provide affordable housing pursuant to this bylaw and more fully described in Section 5. 955. Provision of Affordable Units: 955.1. The SPGA shall deny any application for a special permit for development und -C residence single family,""20,000"",100,75 R-C residence two family/duplex,""27,000"",130,75 All other districts,varies,varies,60/50 (3) (1) To qualify under this section, contiguous and buildable land shall not include wetlands, land with a slope in excess of twenty (20) percent; and shall include land for a sanitary absorption system, including reserve area, to be approved by the Board of Health prior to the issuance of a building permit. (2) Measured at the street line from side lot line to side lot line except on a curve where the frontage shall be measured from side lot line to side lot line along the curve. Frontage must provide access to the lot from the right-of-way counted for frontage unless otherwise approved by the Planning Board on a Definitive Plan submitted in accord with Chapter 41, General Laws or approved by the Planning Board in the same manner as a Definitive Plan. (3) Sixty percent if hot serviced with Town water; fifty percent if serviced with Town water. Adopted May 13,1996 304. Street Line. 304.1. In any residential district no building or roadside stand shall be erected or placed within thirty (30) feet of a street line unless it is determined that the line of houses existing at the time this by-law is adopted is less than thirty (30) feet from the street line, and no building of accessory use or farm or poultry farm building other than a dwelling, or roadside stand, or private garage, shall be built within sixty (60) feet of a street line. 305. Side Lot Line. 305.1. In an R-A Residence District no building shall be erected within fifteen (15) feet of a side lot line.) 305.2. In an R-B Residence District no building shall be erected within fifteen (15) feet of a side lot line on a lot with one hundred fifty (150) feet or more frontage. On a lot with less than one hundred fifty (150) feet frontage and in existence at the time this by-law is passed, no building shall be erected within ten (10) feet of a side lot line. 305.3. In an R-C Residence District no building shall be er Is multi-family housing listed as allowed through conversion (of either single family houses or non residential buildings)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: ly permitted in this by-law or in the general Town by-law is prohibited. V-F ARCHITECTURAL CONTROLS (Amended March 1978 STM, Art. 1) The exterior architectural features of houses placed or erected in a development shall be basically dissimilar. No application to place or erect two or more houses upon contiguous lots shall be approved by the Inspector of Buildings unless the applicant shall have filed with the Inspector of Buildings plans showing the houses. If there is proposed to be built or placed upon such lots more than five houses, there shall be at least three basic designs. If there is proposed to be built or placed upon such lots, two, three, four or five houses, there shall be at least two basic designs. V-G APARTMENT DISTRICT REQUIREMENTS (Amended March 1983 ATM, Art. 26. Previously amended June 1982 STM, Art. 12, March 1978 STM, Art. 1, May 1975 ATM, Art. 17 and March 1974 ATM, Art. 10.) 1. Intent - The following apartment district requirements and procedures for complying therewith are designed to satisfy the needs of the present and future inhabitants of the town for apartment dwelling units while ensuring that such development and uses will not result in abuses detrimental to the health, comfort, safety and welfare of both the residents of the apartment units and the Town as a whole. Except as otherwise specifically provided for in the zoning by-laws, apartment developments in Holliston shall be allowed only according to the terms of a Special Permit and the provisions of this sub-section V-G. However, the provisions of this sub-section shall not apply to Federal and State subsidized housing for the elderly or low income constructed or operated under the supervision of the Holliston Housing Authority. Apartment Districts shall be allowed only by Town Meeting Vote amending the Zoning By-Law by amending the Zoning Map of Holliston. Such Apartment Districts shall be shown on such map by superimposing said districts on the basic AR-l, AR-2, and R-1 districts on which such Apartment Districts are superimposed, thus creating dual Di V-G(A) ACCESSORY FAMILY DWELLING UNIT (Amended May 1995 ATM, Art. 43) 1. The intent and purpose of this section is to permit accessory dwelling units in single family residential districts subject to the standards and procedures hereinafter set forth. It is also the intent to assure that the single-family character of the neighborhood will be maintained and that the accessory unit remain subordinate to the principal use of the living quarters. 2. Restrictions: Such additional family living unit shall be occupied by not more than two persons, and provided the owner of record is a resident within the structure which includes the accessory family dwelling unit. The existing unit shall accommodate an additional family unit only if: a. A member of the additional family is related by first degree of kinship, marriage or adoption to the owner of the premises. b. There is no other living unit on the lot, upon which the accessory unit is located. 3. Adequate provisions shall be made for the proper disposal of sewage, waste and drainage generated by the accessory unit in accordance with the requirements of the Board of Health. Such determination shall be made prior to application for the Conversion and evidence of the same shall be included with such application. 4. Adequate provisions as determined by the Building Inspector as being in compliance with the Massachusetts State Building Code for separate Ingress, Egress, to the outside of each unit. To the extent possible, exterior passage ways and access ways shall not detract from the single family appearance of the dwelling. An interior door way shall be provided between each living unit as a means of access for purposes of supervision and emergency response. All stairways to additional floors shall be enclosed within the exterior walls of the structure. 5. Such accessory dwelling unit shall be limited to a maximum of (600) six hundred square feet in floor area. 6. Floor plans for the accessory unit and the principal residence, along with a certified site plan shall be submitted along with the application. 7. Off-Street Parkin development of affordable housing in compliance with Holliston's Affordable Housing Plan, the Holliston Zoning Bylaw, G.L. c. 40B sec. 20-23 and ongoing programs within the Town to promote a reasonable percentage of housing that is affordable to low and moderate income buyers. It is intended that the affordable housing units that result from this Bylaw will be considered as Local Initiative Program (LIP) dwelling units in compliance with the requirements for the same as specified by the Department of Housing and Community Development and that said units shall count toward the Town's requirements under G. L. c. 40B sec. 20-23. 2. Definitions a. AFFORDABLE HOUSING UNIT . A dwelling unit that qualifies as a local initiative unit under the Commonwealth's Local Initiative Program (760 CMR 45.00) and meets the requirements of a subsidized housing unit for purposes of listing in the subsidized housing inventory under G. L. c. 40B Sec. 20-23. b. QUALIFIED AFFORDABLE HOUSING UNIT PURCHASER . An individual or family with a household income that does not exceed 80% of the Holliston area median income, with adjustments for household size, as reported by the most recent information from the United Department of Housing and Urban Development (HUD) and/or the Massachusetts Department of Housing and Community Development (DHCD). 3. Applicability a. Division of Land. This Bylaw shall apply to the division and/or subdivision of land held in single ownership as of the effective date of this Bylaw, or anytime thereafter, into eight (8) or more lots or the development of eight (8) or more dwelling units on a single lot and shall require a special permit from the Planning Board under the provisions for a Cluster Development (Section V-H) of the Zoning Bylaw unless otherwise exempted below. A Special Permit shall be required for land divisions pursuant to G. L. c. 40A sec. 9 as well as for ""conventional"" or ""grid"" divisions pursuant to G. L.c. 41 sec. 81-L and sec. 81-U, including those divisions of land t ermit approval complies with their obligation to provide affordable housing pursuant to Section 6 of this Bylaw. 5. Bonus for Cluster Development pursuant to Section V-H Subject to Planning Board Discretion - In the Planning Board's sole discretion, the allowable number of dwelling units within a land division, subdivision or development subject to the requirements of Section V-H and Section V-Q may be increased by up to ten percent (10%) beyond the maximum number of dwelling units allowed pursuant to the underlying zoning requirements and as calculated pursuant to Section V-H (g) of the Bylaw but that in no instance shall more than one (1) bonus unit be granted per additional unit of affordable housing provided by the applicant. Where the Planning Board allows an increase in unit density, the Planning Board shall make affirmative findings that the density increase was appropriate in light of the public benefits offered by the applicant and as consistent with G.L. c.40A s.9 and this Bylaw. 6. Provision of Affordable Units - The Planning Board shall deny an application for a special permit for development under Section V-Q if the applicant for special permit approval does not agree to the following requirements: a. At least ten percent (10) of the lots in a division of land, or units in a multiple unit development subject to this Bylaw shall be identified as affordable housing units in any one or combination of methods provided for below. (Fractions of a lot or dwelling unit shall be rounded up to the nearest whole number, such that a development proposing eleven (11) dwelling units shall require two (2) affordable units; a development proposing twenty-one (21) dwelling units shall require three (3) affordable units, and so on). (i) Dwelling units shall be constructed or rehabilitated on the locus subject to the special permit; (ii) Dwelling units shall be constructed or rehabilitated on a locus different than the one subject to the special permit (see Sections 7 and 9, below); (iii) A ntended and designed to be occupied by a single family but not including a trailer or mobile home. (Amended March 1978 STM, Art. 1) SPECIAL PERMIT GRANTING AUTHORITY - The Board of Appeals except as otherwise specifically designated in this by-law for the issuance of Special Permits. (Amended March 1978 STM, Art. 1) STREET - A public way or a way which the Clerk of the Town certifies is maintained and used as a public way or a way constructed in accordance with the subdivision control law and in accordance with subdivision plans approved by the Planning Board under its Rules and Regulations. (Amended May 2000 ATM, Article 33 and May 1995 ATM, Article 42) STRUCTURE - Three (3) dimensional, (i.e. length, width, height) permanent improvements to real estate made with building materials which improvements include, but are not limited to swimming pools, tennis courts, basketball courts and accessory buildings. Driveways, patios, badminton and volleyball court nets (without courts), backboards above garage doors, flagpoles etc. are excluded. (Amended May 1998 ATM, Article 43) TRAILER OR MOBILE HOME - Sometime or regularly transportable unit, by whatever name, which provides temporary or permanent facilities for living, sleeping or business use, whether with or without motor power, whether standing on wheels or other support and whether or not temporarily or permanently resting on its own foundation. TWO-FAMILY DWELLING - A dwelling intended and designed to be occupied by two families living independently in separate dwelling units. (Amended May 2001 ATM, Art. 40) WHOLESALE TRADE - Establishments primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional or professional users; to other wholesalers; or acting as agents and buying merchandise for, or selling merchandise to, such individuals or companies. (Added May 2001 ATM, Art. 40) YARD, FRONT, SIDE, REAR - An unoccupied space open to the sky on the same lot with a building or structure (The drawing illustrates the positions Is multi-family housing listed as allowed through conversion (of either single family houses or non residential buildings)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know" "[INST] Context: ,NO,NO Conversion of existing dwelling (§ 29-23,NO,SPSA,SPSA,SPSA,NO,NO,NO,NO,NO,NO,NO ""Group home, halfway house. non- educational (§ 29-23 ff)"",NO,NO,SPSA,SPSA,NO,NO,NO,NO,NO,NO,NO Mobile home,NO,NO,NO,NO,NO,NO,NO,NO,NO,NO,NO ""Reconstruction of pre-existing non- conforming residential use, building or structure (§ 29-23 qq)"",NO,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA Rehabilitation of one or two unit structure 4 (§ 29-23 hh),NO,P,P,P,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA Rehabilitation of multi-family structure 4 (§ 29-23 hh),NO,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA ""Residence, single family (Article V as applicable)"",NO,P,P,P,P,P,P,NO,NO,NO,NO Residence. two family (Article V as applicable),NO,NO,P,P,P,P,P,NO,NO,NO,NO Residence. multi-family (§ 29-23 i or § 29-23 cc as applicable),NO,NO,NO,SPSA,PSR,SPSA,SPSA,SPSA,NO,SPSA,SPSA Substantial addition to an existing dwelling (§ 29-23 gg),NO,SPSA,SPSA,SPSA,NO,NO,NO,NO,NO,NO,NO Temporary mobile home (§ 29-23 vv),P,P,P,P,P,P,P,P,P,P,P 1 Exception: Convenience stores are not allowed in these districts except where proposed use is located on a corner lot which abuts upon a major thoroughfare as defined in this ordinance. Such use will require a special permit from the Zoning Board of Appeals subject to site plan review by the Planning Board and the provisions of Section 29-23(e). 2 Includes all types of alcoholic beverages. 3 Excluding residential uses. 4 All rehabilitation requiring site plan approval must also follow the provisions of Section 29-23 hh 1 Exception: Convenience stores are not allowed in these districts except where proposed use is located on a corner lot which abuts upon a major thoroughfare as defined in this ordinance. Such use will require a special permit from the Zoning Board of Appeals subject to site plan review by the Planning Board and the provisions of Section 29-23(e). 2 Includes all types of alcoholic beverages. 3 Excluding residential uses. 4 All rehabilitation requiring site plan approval must also follow the provisions of Section 29-23 hh. Sec. 29-12. Supplemental Use Regulations. (a) Mixed occupancy. In cases of mixed occupancy, the regulations for each use shall apply to the portion of the building, structure or land so used. een subdivided since 1950. (2) The dwelling is not suitable for single or two family residential use due to its size. (3) The density is no greater than two times the density permitted if the land on which the dwelling is located was subdivided. (4) The conversion of the dwelling is in character with the neighborhood and will not unduly change the exterior of the dwelling.v (5) Each dwelling unit meets the parking requirements for a single family dwelling. (6) The changes to the exterior design are compatible with dwellings in the neighborhood and with similar dwellings. (7) Emergency access is interior and not by way of windows or exterior stairways, except that exterior stairways are permitted as required by the building code. (8) The conversion of the dwelling results in the preservation of open spaces and yards. (9) The use is subject to a condition that the property may not be further subdivided, and such condition is incorporated into the decision to be recorded at the registry of deeds or registered at the land court. (c) School, college, library, halfway house or other accessory educational buildings and structures, privately owned. (1) The use complies with the provisions of Section 29-22. (2) The use is compatible with the area in which it is to be located. (3) The use is no closer than three blocks from the same existing use. (d) Museum. (1) At least one means of two-way access/egress, at a width deemed appropriate by the permit granting authority shall be provided, however said permit granting authority may require two means of access/egress. (2) Adequate rubbish disposal facilities are located inside or outside the structure and shall be adequately screened/fenced and secured. (3) Adequate delivery and loading areas are provided. (4) There is an adequate drop-off area provided which will not interfere with either vehicular or pedestrian traffic. (e) Convenience store. (1) At least one means of safe, two-way access/egress, at a width deemed appropriate by th ARTICLE VII SUPPLEMENTAL REGULATIONS FOR PERMITTED AND SPECIAL PERMIT USES Sec. 29-21. In General. These regulations either apply to uses permitted by right but subject to reasonable dimensional regulations or to uses permitted by special permit. The regulations pertaining to special permit uses shall be considered findings which the special permit granting authority must find with reasons therefor prior to issuance of a special permit for such a use. Sec. 29-21 (A). Special Permit Findings. The following findings shall be made by the special permit granting authority, in addition to the specific findings per use as noted in Section 29-23, prior to the issuance of a special permit by said authority: (1) The traffic generated by the use will not be detrimental to the neighborhood. (2) The use will not be detrimental to the area in which it is to be located. (3) The use will not result in any objectionable fumes, noise, chemical spills or hazardous wastes. (4) The hours of operation are compatible with the uses in the neighborhood. Sec.29-22. Regulations for churches, schools, federal, state, (a) The minimum lot size shall be that applicable in the district where the use is located. (b) The setbacks shall be those applicable in the district where the use is located. (c) The minimum frontage shall be that applicable in the district where the use is located. Sec. 29-23. General or specific provisions. (a) Day care facility, adult or child. (1) The petitioner shall provide proof that the facility meets the standards promulgated by the Mass. Office for Children and/or Mass. Department of Health. (2) There is an adequate play area for child day care facilities. (b) Conversion of existing dwelling. (1) The dwelling to be converted and the entire lot upon which it is located existed before 1950, and said lot has not been subdivided since 1950. (2) The dwelling is not suitable for single or two family residential use due to its size. (3) The density is no greater than two times the density permitted if the land o on or structural change to a nonconforming single or two-family residential dwelling, where such alteration, reconstruction, extension or structural change does not increase the nonconforming nature of such dwelling. There shall be an increase in the nonconforming nature of such dwelling when a proposal will cause an alteration, reconstruction, extension, or structural change which creates a new violation of this ordinance, and does not simply continue the existing violation of this ordinance as illustrated below. An alteration, reconstruction, extension, or structural change on an undersized lot shall not constitute an increase in the nonconforming nature of the dwelling as long as all current yards and setback requirements are complied with, except where legally nonconforming. Not Permitted Permitted Current Current Setback Setback Line Line 30' 30' 20' 20' 8' Road Notes: Legend: At the time the building was Existing Building constructed with a duly issued building permit,the front setback was 20'. The current front Proposed Addition setback is 30'. Permitted/Not Permitted (f) Any pre-existing nonconforming use, building, or structure may be changed, extended, or altered by a special permit from the board of appeals upon finding by the board of appeals that such change, extension, or alteration is not substantially more detrimental than the existing nonconforming use, building, or structure to the neighborhood. The board of appeals shall follow the procedure for issuing a special permit set forth under Article VII of this ordinance and may be subject to conditions, safeguards, and limitations on time or use.e (g) Any pre-existing nonconforming residential use, building, or structure may be reconstructed in the R-1, R-1A, R-2, R-2A, R-3, and R-4 zoning district by special permi height. (2) The use complies with all setback requirements for the district in which it is to be located and shall be included in the gross floor area of the lot. (3) The use is not detrimental to the neighborhood in which it is to be located. (4) The use is not injurious to the surrounding area by nature of dust, noise, smoke, odors or traffic from deliveries or patrons of the business. (ee) Sales of new cars, trucks and vehicles. [amended 1/3/95] (1) The sale of used vehicles is limited to those sales accessory to the new vehicle sales, so long as such accessory sale of used vehicles does not take up more than 50% of the developed lot area. (ff) Group home, halfway house, non-educational. (1) The applicant group home is subject to license or approval by an agency of the Commonwealth or the federal government and is engaged in applying for whichever is appropriate. (2) The use is no closer than three blocks to an existing group home or halfway house. (gg) Substantial addition to an existing dwelling. (1) The design of the addition is of the same character as the existing dwelling.o (2) The location of the addition is not out of character with the neighborhood. (3) The addition blends with and is compatible with the neighborhood. (4) Required parking is available. (hh) Rehabilitation. (1) The proposed use is compatible with the property and requires a minimal alteration of the building, structure, or site and its environment, or the proposed use of the property is its original intended use. (2) The distinguishing original qualities or character of the building, structure, or site and its environment are not destroyed; and the removal or alteration of any historic material or distinctive architectural features is avoided. (3) The proposed alteration has a historical basis and does not attempt to create an earlier appearance. (4) The significance of changes which have taken place in the past development of the building, structure, or site and its environment are recognized and respected. (5) Is multi-family housing listed as allowed through conversion (of either single family houses or non residential buildings)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: 5.3 CONVERSION OF ONE FAMILY DWELLINGS 5.3.1 OBJECTIVES The conversion of existing single-family detached dwellings into dwellings containing two dwelling units is intended to: 1) encourage an increase in the number of dwelling units which are larger than those permitted as accessory apartments (see 5.2) while smaller than most one-family dwellings in the town, 2) encourage high standards of maintenance for large one family dwellings which might fall into disrepair, and 3) encourage more economic, energy-efficient use of the town's housing supply while maintaining the appearance and character of the town's single family neighborhoods. 5.3.2 CONDITIONS AND REQUIREMENTS In accordance with Section 3.3, and where consistent with the objectives set forth in 5.3.1, the Board of Appeals may grant a special permit for a second dwelling unit in a detached one-family dwelling in an RO or RS district provided that each of the following conditions and requirements is met: a. GENERAL 1. There shall be not more than two dwelling units in the dwelling. 2. There shall be no roomers or boarders within either of the dwelling units. 3. The lot area shall be at least 15,500 square feet in the RS district and 30,000 in the RO district. 4. The gross floor area, excluding areas in the structure used for parking, of the dwelling used for residential purposes shall have been at least 2,500 square feet as of January 1, 1983, which amount shall be verified in the records of the Building/Inspection Department or on a document, ""Total Living Area of Dwellings as of January 1, 1983,"" prepared by the Board of Assessors. 5. The smaller of the dwelling units shall have at least 700 square feet of gross floor area, excluding areas in the structure used for parking. 6. The dwelling shall be connected to public water and sanitary sewer system. b. The dwelling to be converted shall be designed so that the appearance of the structure remains that of a detached one-family dwelling, subject furthe arance of the structure is that of a dwelling characteristic of the zoning district in which it is located, i.e. a detached one-family dwelling, if located in an RO, RS or RT district; a two-family dwelling if located in an RT district; or a multi-family dwelling if located in an RM or RD district, subject further to the following conditions and requirements: 1. Any stairway to a second or third story shall be enclosed within the exterior walls of the dwelling. There shall be no exterior fire escapes. 2. Any enlargement or addition to the dwelling shall maintain the architectural character of a one-family dwelling, or in the RT district, a two-family dwelling. The architectural detailing and the exterior materials shall be those characteristic of a one-family neighborhood. The additional floor space created shall not be counted toward the requirement of minimum net floor area set forth in a.3. above. 3. Any new entrance shall be located on the side or rear of the dwelling. d. OFF-STREET PARKING In order to maintain the appearance of a one-family neighborhood, all parking spaces shall be subject further to the following conditions and requirements: 1. Not more than two outdoor spaces shall be located in the front yard. All other parking spaces shall comply with the standards in section I I for a parking lot (five or more spaces). Additional screening may be required to minimize the visual impact of parking on adjacent properties. 5.4.3 PROCEDURES a. A dwelling located in an RM district may be converted upon the issuance of a building permit. A dwelling located in an RO, RS, RT or RD district may be converted only upon the granting of a special permit by the Board of Appeals. Each application for a building permit or special permit shall be accompanied by: 1. A statement identifying the supportive services to be provided and the service providing organization who will provide them. 2. Floor plans of the dwelling drawn to scale showing the living spaces of the residents and the common f e connected to public water and sanitary sewer system. b. The dwelling to be converted shall be designed so that the appearance of the structure remains that of a detached one-family dwelling, subject further to the following conditions and requirements: 1. All stairways to second and third stories shall be enclosed within the exterior walls of the dwelling. There shall be no exterior fire escapes. 2. An enlargement or addition to the structure is permitted provided the SPGA makes a determination that: a. the architectural character of a detached one-family dwelling is maintained, and b. any enlargement or addition to the structure is minor, is consistent, in general, with the size of nearby one-family detached dwellings and does not increase either: 1) the site coverage of the existing structure by more than 25 percent, or 2) the total gross floor area of the existing structure by more than 40 percent above the total gross floor area of the existing structure as of January 1, 1983. (See subparagraph 5.3.2.a.4. above.) Any increase in the gross floor area constructed since January 1, 1983 shall be included in the calculation of the percentage increases above. The additional floor space created shall not be counted toward the requirement of minimum net floor area as of January 1, 1983, set forth in a.4., above. 3. Any new entrance shall be located on the side or the rear of the dwelling. 4. Where there are two or more existing entrances on the front facade of a dwelling, if modifications are made to any entrance, the result should be that one appears to be the principal entrance and any other entrance appears to be secondary. c. OFF-STREET PARKING In order to maintain the appearance of a single-family neighborhood, all parking spaces on the lot shall be subject further to the following conditions and requirements. 1. Parking spaces shall be located so that each dwelling unit shall have at least one parking space with direct and unimpeded access to the stre subject further to the following conditions and requirements. 1. Parking spaces shall be located so that each dwelling unit shall have at least one parking space with direct and unimpeded access to the street without passing through a parking space designated to serve the other dwelling unit. 2. The provisions of subsection 5.2.2 c 1, 2, 3 and 6. 5.3.3 PROCEDURES Each application for a special permit shall be accompanied by: 1. Floor plans, drawn to scale, of the dwelling showing each of the dwelling units to be created; 2. Where exterior changes are proposed, an elevation, or other visual representation, of the facade to be changed sufficient to show the architectural character of the dwelling; and 3. An off-street parking plan as described in 11.2.1. 5.3.4 EXPANSION OF PRE-EXISTING, NONCONFORMING TWO-FAMILY DWELLING In accordance with Section 3.3, and where consistent with the objectives set forth in 5.3.1, the Board of Appeals may grant a special permit to allow the expansion of a pre-existing, nonconforming two-family dwelling in an RS or an RO district provided the proposed expansion complies with the conditions and requirements set forth in subsection 5.3.2. to the maximum extent practicable. 5.4 CONVERSION OF DWELLING TO CONGREGATE LIVING FACILITY 5.4.1 OBJECTIVES The conversion of an existing dwelling to a congregate living facility is intended to: 1) encourage alternative living arrangements for the town's elderly residents, 2) permit housing arrangements compatible in size and scale with one-family and two-family neighborhoods, and 3) encourage an economic, energy-efficient use of the town's housing supply while maintaining the appearance and character of the town's neighborhoods. 5.4.2 CONDITIONS AND REQUIREMENTS A dwelling may be converted to a congregate living facility provided that each of the following conditions and requirements is met: a. GENERAL 1. In the RO, RS and RT districts, there shall be not more than one converted dwelling on any one lot and g facility provided that each of the following conditions and requirements is met: a. GENERAL 1. In the RO, RS and RT districts, there shall be not more than one converted dwelling on any one lot and there shall be accommodations for not more than 15 residents in the dwelling. The provisions of subsection 9.2.9 relative to equivalent density shall not apply in the RO, RS, and RT districts. A converted dwelling in an RM or RD district shall conform to the standards of that district. 2. The lot area shall be at least 10,000 square feet. 3. The gross floor area, excluding areas in the structure used for parking, prior to the issuance of any building permit, shall be at least 2,000 square feet. 4. The dwelling shall be connected to the public water and sanitary sewer system. 5. No dwelling in an RS, RO, RT or RD district may be converted without the granting of a special permit by the Board of Appeals and no dwelling in an RM district may be converted without the issuance of a building permit by the building commissioner, and no dwelling in any district may be occupied as a congregate living facility without the issuance of a certificate of occupancy by the building commissioner. 6. This section shall not be used to create a long-term care facility, a multi-family dwelling or a rooming house. If the building commissioner has sufficient information to indicate that the converted dwelling is being used for other purposes not allowed in the zoning district or not allowed by the special permit or that sufficient support services are not being provided, the building commissioner shall notify the owner and, if within 90 days, the occupancy is not returned to conformity, the special permit and certificate of occupancy shall be suspended or revoked. b. SERVICES AND FACILITIES FOR RESIDENTS 1. Supportive services, such as nutrition, housekeeping, or social activities and access to other services, such as health care, recreation or transportation shall be provided. At least one meal per day shall b Is multi-family housing listed as allowed through conversion (of either single family houses or non residential buildings)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: existing single family or two (2) family dwelling is being rehabilitated, relocated or reconstructed due to any governmental action, accident or ""act of God."" . 2 A certificate of occupancy shall be valid for 180 days and renewable only once after the original 180 days except that such certificate shall be renewable in the Flood Plain District only in conformance with the State Building Code regulations for permanent mobile homes. . 3 The above certificate of occupancy shall only be issued upon submission of an application to build a single or two (2) family dwelling. . 4 Any action the Board of Appeal may take on this special Permit does not prejudice any future appeals on this parcel that may come before them. 300.5 Planned Unit Development hereafter erected, placed, constructed, altered, converted . 1 In addition to those uses permitted in a Residential Office (RO) District, the following uses shall be permitted: . 1 Day Nursery. . 2 Recreation for Gainful Business. . 3 Restaurants, excluding ""Fast Food."" . 4 Convenience Retail Sales. . 5 Convenience Retail Services. . 2 The minimum and maximum dimensional control requirements of this ordinance shall be in full compliance unless specifically changed in this section. . 3 Minimum of fifty (50) dwelling units. . 4 Maximum building coverage of the principal building or buildings of any lot is to be thirty (30) percent of the total lot area, except this maximum coverage may be exceeded by twenty (20) percent for a total combined maximum building coverage of fifty (50) percent providing that the offstreet parking is to be in the basement and/or cellar of the building and the land that would normally be used for offstreet parking would be devoted to usable open space as required in the dimensional controls. . 5 Maximum gross floor area of business services shall be twenty (20) percent of the gross floor area of all buildings containing dwelling units in the developme AND FOUR FAMILY : A building used, or occupied by, three (3) or four (4) dwelling units, but not to include town or row houses. .24 DWELLING, TOWN OR ROW : A single family attached unit with party walls. .25 DWELLING, TWO FAMILY : A building used for, or occupied by, two (2) dwelling units. .26 DWELLING UNIT : One (1) or more rooms providing living facilities for one (1) family including equipment for both cooking and sanitation or provisions for the same within the building in which the dwelling unit is located. .27 EXCAVATION AND GRAVEL OPERATIONS : Buildings and equipment associated with the extraction and processing of stone, sand or gravel and the transportation of said materials. .28 FAMILY : One or more persons related by blood, adoption, or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. A number of persons but not exceeding two (2) living and cooking together as a single housekeeping unit though not related by blood, adoption, or marriage shall be deemed to constitute a family. .29 FAST FOOD SERVICE : Food and drink prepared in advance of ordering by the purchaser or prepared ""quick order"" upon direct instructions to personnel other than a waitress and/or waiter; packaged and/or containerized other than in dishes for convenience and ease of carrying by the customer; and consumed within the structure or upon the associated grounds, in motor vehicles, and/or off premises. .30 FLOODWAY OR REGULATORY FLOODWAY : The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation. .31 FRONTAGE : The continuous and contiguous length of a lot along the street line of a public way, a private way approved and endorsed by the Planning Board and constructed, or a private way certified by the City Clerk and Planning and Engineering Department as used and maintained as a public way. .32 GASOLINE FILLING STATION : A building or part thereof, age facility is in the interest of the common good. 300.26 Residential Incentive Overlay (RIO). A RIO, consistent with the recommendations of .1 The RIO shall permit multi-family residential use by right up to 12 stories and a height of 120 feet from the highest point of the established grade. .2 The RIO shall permit all allowed uses in the underlying Central Business Zone at street level. These uses shall not exceed 650 of the total floor area of any floor(s) at grade/street level. .3 All non-residential uses shall be subject to the same off-street parking requirements as the underlying Central Business Zone. However, residential uses in the RIO shall require 1.5 parking spaces per unit. If such residential property is located within 2000 feet of the property line of a META rapid transit or train station the RIO development shall require 1.25 off-street parking spaces per unit. Parking shall be provided on site or in an off-site facility within 400 feet of any property line of the residential property. In the instance where parking is provided off site, but within 400 feet of the residential property, the Malden Traffic Commission shall certify that said parking is available for use. In no instance shall more than 300 of the required off street parking be permitted in an off-site location. .4 Dimensional Requirements. All allowed uses in the RIO shall be subject to the dimensional requirements contained in Section 400.1 and Section 400.3 (but shall not be subject to the provisions contained in Section 300.20), with the exception of minimum usable open space requirements, which shall be a minimum of 50 square feet per dwelling unit, and density requirement (sf/du) which shall be a minimum of 150 square feet in the RIO. However, the minimum area and frontage requirements, shall apply. .5 Historic Structures. If the RIO is used at a site where a building or buildings have been designated as historic structures by local, state, or federal historic designation statutes, the historic facade or facades of the building or buildings shall be incorporated into the design for the reuse of the building or buildings in question. .6 Building Materials and cilities,""20,000"",100',10',15',30',15',,50%,20%,,50' and 4 stories "",8"",Research & Develop- ment Facilities,""20,000"",100',10',15',30',15',-,50%,20%,-,50' and 4 stories ,Other uses,,,,,,,,,,, "",1"",Parking Facilities Offstreet,""5,000"",45',10',10',20',10',,,No,--,50' and 5 stories .2,Public Service Corporation,""20,000"",100',10',15',30',20',,30%,20%,--,30' and 2 stories *Square Feet per Dwelling Unit **Square a Feet per Child- For the purpose of Day Care Centers, usable open space shall include areas as small as 100 square feet per area with a minimum width in any direction of 10 feet, end may include porches end terraces and paved areas ***Except in the case of slab construction (no caller) on ledge or within the Flood Plain overlay district, in which case maximum height shell be three stories but no mora then 30' + Provided that for subdivisions of three or more, a minimum of 7,000 square feet shell be required ++ Provided that for subdivisions of three or more, a minimum of 12,000 square feet shell be required +++ Provided that for subdivisions of three or more, a minimum of 6,000 square feet shell be required 400.2 Multiple Uses For the purpose of interpreting the intensity regulations with regard to multi-use buildings or lots, the most stringent controls of the uses of the lot shall prevail, except for the following: coverage principal building, coverage accessory building, and maximum height; where the maximum control shall apply. However, lots with gasoline filling and service stations in combination with the retail sale of food shall require a special permit by the Planning Board in conformance with the following controls: . 1 Compliance with the dimensional and parking controls of the multiple uses. . 2 The proposal must not endanger the public health. . 3 The proposal must be in harmony with the surrounding land uses. . 4 The proposal must not, in any way, create a traffic or safety hazard. . 5 There must be adequate protection against the creation and spread of litter and debris. . 6 The proposal must be in the intere .15 COMMUNITY RESIDENCES : A cooperative living facility for physically or mentally handicapped persons who live together for the purpose of learning housekeeping tasks and social services thus facilitating their independent living skills. .16 CONVENIENCE : As applied to retail sales or retail services, a use designed mainly to serve the immediate neighborhood and limited to such uses as barber shop, hairdresser, drug store, variety store, superette (grocery, meats, produce) self-service clothes cleaners, bakery, and other similar uses. .17 DENSITY : Lot area per dwelling unit (expressed in square feet). .18 DEVELOPMENT : Any manmade change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. .19 DRIVE-THRU : A facility where food, goods or services are purchased or obtained from a building or structure on the same lot via a window or similar opening in the building or structure and accessed while in a vehicle. A drive-thru is accessory to the principle use of the building or structure and operated in conjunction with same. .20 DWELLING, SINGLE FAMILY : A detached building used for, or occupied exclusively by, one (1) dwelling unit. .21 DWELLING, GROUP : A building used for, or occupied by, an assemblage of persons associated or related only through a common cause, action, or association and living together as a housekeeping unit in separate rooms, series of rooms, common room, or as a commercial, educational, or institutional unit. Specific examples include convents, rectories, halfway houses, community residences, dormitories, and correctional or remedial facilities. .22 DWELLING, MULTIFAMILY : A building used for, or occupied by, five (5) or more dwelling units. .23 DWELLING, THREE AND FOUR FAMILY : A building used, or occupied by, three (3) or four (4) dwelling units, but not to include town or row houses. .24 DWELLING, TOWN OR ROW : A single family attached unit with party walls. Is multi-family housing listed as allowed through conversion (of either single family houses or non residential buildings)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] No" "[INST] Context: requirements. (1) Multistory developments can include multiple-family dwellings, multistory single family cluster developments, or public housing. (2) The site shall have not more than eight (8) dwelling units/acre. A bonus density of not more than two (2) dwelling units/acre for a total maximum often (10) dwelling units/acre may be granted as a condition of the special permit provided that a minimum of ten (10) percent of the dwelling units provided at the site are assured to be sold or leased on terms affordable to individuals or households with incomes not exceeding those defined as ""moderate income"" by the Massachusetts Executive Office of Communities and Development or comparable governmental agency acceptable to the special permit granting authority. The assurances, referred to in the previous sentence shall be in the form of a covenant or other means acceptable to the special permit granting authority and shall be in full force and effect for a period of not less than ten (10) years from the date of the first sale, lease or transfer of said units. (Ord. of 8-25-88, § 3) (3) The facade of multistoried buildings shall be broken up by architectural detailing such as window protrusions, balconies, overhangs. (4) Buildings shall be sited to allow maximum amount of light to reach individual units. (c) Single-story/single-family development requirements. (1) Single-story developments may include detached site built houses, detached one unit modular homes assembled on site, or one story single-family cluster developments. All must have foundations and be permanently affixed. (2) The site shall have not more than a maximum of four (4) single-story detached dwelling units/acre. A bonus density of not more than one (1) unit per acre for a total maximum of five (5) dwelling units/acre may be granted by the special permit granting authority under the same terms and conditions as specified in 4.4.9(b)(2) of this ordinance. (Ord. of 8-25-88, § 4) (3) Each unit must have a minimum lot size of not less than ten thousand rate-Income has been deleted as per Ordinance No. 04-04. MODULAR HOMES : Homes built in two (2) or more sections in a factory that are brought to a site placed on a permanent foundation and permanently assembled. (Ord. of 10-11-84, § 2) MOTEL : A building intended and designed primarily for transient or overnight occupancy, divided into separate units within the same building, with or without public dining facilities, and characterized by direct access to every unit from an automobile parking space or facility including motor hotels and motor inns. MULTIPLE-FAMILY DWELLING A building designed for or occupied by three (3) or more families, living independently in dwelling units separated by vertical walls or horizontal floors, having separate sleeping, cooking, and sanitary facilities, and with separate or joint services for heat lighting, and other utilities (including apartments, garden apartments, townhouses, cooperatives, condominiums, row-houses and tenement houses): APARTMENT : A dwelling for more than two (2) families under one roof, or for one or more families above a first floor used for nonresidential purposes. GARDEN APARTMENT : A building or group of buildings on a landscaped lot not more than thirty-five (35) feet in height arranged, intended, and designed to be occupied by three (3) or more families per building, each family separated by party walls or floors from the other, with each apartment having individual living, sleeping, kitchen and toilet facilities, with those apartments with the floor below grade having window opening not less than thirty-six (36) inches in height with the bottom of said windows even with or above grade, such building or buildings occupying one lot in single ownership throughout and subject to the conditions and requirements of section 5.3.3 herein. ROW HOUSE : A dwelling for one family in a connected row of three (3) or more dwellings, where one family is not living over another. MUNICIPAL PROPERTIES REUSE DEVELOPMENT (MPRD) : A municipal properties reuse development shall ng for one family in a connected row of three (3) or more dwellings, where one family is not living over another. MUNICIPAL PROPERTIES REUSE DEVELOPMENT (MPRD) : A municipal properties reuse development shall mean the development of municipal properties no longer serving a municipal purpose, as a single entity, in which a mixture of residential, open space, commercial, and light industrial uses, and a variety of building types and designs, are determined to be sufficiently advantageous to render it appropriate to grant a special permit to the extent authorized by this zoning ordinance. (Ord. of 9-16-82, § 1) NATURAL WOODLANDS : A grouping of mature indigenous trees with a minimum density of twenty (20) trees of six (G) inches' diameter or greater per ten thousand (10,000) square feet throughout (Ord. of 5-9-97, § 1) NEIGHBORHOOD BUFFER : A landscaped area sufficient in depth and screening to visually separate one land use from one another. (Ord. of 5-9-97, § 1) NURSING HOME : Any place or institution for the aged, infirm, chronic or convalescent whether conducted for charity or for profit which is established to render domiciliary care, custody, treatment or lodging for three (3) or more unrelated persons who require or receive assistance in ordinary daily activities of life or who are confined to bed or chair. (This term includes boarding and rooming houses for aged people, convalescent homes, rest homes, homes for the aged or infirm and convalescent homes for children, but does not include hospitals, clinics and similar institutions devoted primarily to the diagnosis and treatment of disease, injury, maternity cases or mental illness.) ONE-FAMILY DWELLING : A detached dwelling designed for and occupied by a family excluding mobile homes. (Ord. of 5-10-84, § 4) ORNAMENTAL TREE : A small to medium size deciduous tree, noted for its form, leaf color, texture, flowers, or fruit, used to provide vegetative screening along a driveway, beside a building, or within a landscaped buffer. (Ord. of 5-9-97, § 1) OVERLAY ZONE (d) Exterior changes shall be constructed in a manner that allows for the accommodation of the accessory living area, but also is constructed in a manner that maintains the appearance of the structure as a single-family dwelling. The primary entrance to the family dwelling shall be utilized by the accessory living area, with construction of a secondary access if needed. External reconstruction for the accessory living area must be consistent with the exterior of the larger dwelling. Scaled plans showing conversion or alteration of the single-family residence are required. (e) If an entrance is required for an accessory living area, it shall be located on the side or in the rear of the dwelling. (f) Owner occupied applicant for the accessory living area must certify that sufficient parking exists on the site. All parking is to be accommodated on site, except in the case where the person residing in the accessory living area does not drive or have a motor vehicle. A homeowner may add a maximum of two hundred (200) square feet of parking area within his or her lot. (Ord. of 7-7-94, § 3) (g) Under no circumstances shall the Special Permit be effective until the applicant is the owner of the property containing the Family Accessory Living Area. This provision would apply when the applicant presents a validly, executed purchase and sale agreement with the FALA application, where the applicant is designated as the buyer. **Webmasters Note: The previous subsection has been added as per an update adopted 9/11/03. 4.7.3 Procedure. (a) No accessory living area shall be constructed within a special permit granted by the city council and a building permit issued by the building inspector. (b) A certificate of occupancy shall be issued after the building inspector determines that the accessory living area is in conformity with the approved plans, the provisions of the ordinance, and all applicable codes. (c) Yearly certification from the owner occupied applicant that the family member still resides in the accessory living area is required every year. Once the family member leaves the accessory living area, it must be d e municipal system or by construction of a private system approved by the local and state boards of health. (n) No structure exceeding two (2) stories shall be built (o) The site plan and the architecture shall blend harmoniously with surrounding dwellings and topography, and both shall be subject to approval by the city council after recommendation of the planning board. 4.4.6 Public housing/elderly persons/requirements. (a) There shall be a minimum lot area of twenty-five thousand (25,000) square feet for each public housing site for elderly persons. (b) The minimum area of land required per dwelling unit in each of the zoning districts in which a special permit may be granted shall be seven hundred fifty (750) square feet per bedroom for a building of two (2) stories or less and shall be five hundred (500) square feet per bedroom for a building in excess of two (2) stories. (c) There shall be provided a street frontage, in fee or by perpetual easement, which shall provide sufficient and proper access to and egress from the site for residents and guests and maintenance and emergency vehicles. The minimum width of said access to and egress from the site shall be seventy-five (75) feet. (d) Maximum lot coverage by buildings two (2) stories in height shall not exceed thirty-five (35) percent of the total land area. Maximum lot coverage by buildings in excess of two (2) stories shall not exceed thirty-five (35) percent of the total land area. (e) Not less than twenty-five (25) percent of the land area in a single development of buildings two (2) stories or less in height shall be free from structures, streets, parking areas, driveways, walkways, or other constructed approach or service areas and shall be attractively landscaped and maintained. Not less than thirty (30) percent of the land area in a single development of buildings in excess of two (2) stories shall be free from structures, streets, parking areas, driveways, walkways or other constructed approach or service areas and shall be attractively landscap Is multi-family housing listed as allowed through conversion (of either single family houses or non residential buildings)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] No" "[INST] Context: be allowed for the transfer of the unit to another eligible occupant. C. Density Incentives (1) Basic Senior Village Bonus. A Senior Village's base density is defined as four housing units per gross site acre except where noted above. To qualify as a Senior Village, a proposal shall, at a minimum: (a) set aside five percent (5%) of the total number of dwelling units provided on the site as affordable housing as defined in this Section; and (b) provide a minimum of thirty percent (30%) of the lot area as permanent, protected open space conforming to the open space standards as set forth in this Section. The minimum 30% open space requirements may be waived by the Board if the proposed Senior Village is within the RD General Residential District and includes the rehabilitation or renovation of a certified, historic or architecturally significant structure for use as senior housing. This enhanced base density for Senior Villages may be further increased according to the provisions below pertaining to: additional affordable housing; additional open space dedication; and rehabilitation of existing buildings. (2) Additional Affordable Housing. In addition to the minimum requirement of five percent (5%) on-site affordable housing, a density increase is permitted where proposals provide on-site housing opportunities for low or moderate income senior households. For the purpose of this Section, affordable housing shall be defined as dwelling units that are sold to, and occupied by, households earning up to 80% of the median area household income, as such median is defined by the United States Department of Housing and Urban Development (HUD). Affordable units shall, by deed restriction, remain affordable in perpetuity. The Planning Board will require that the Developer provide legally enforceable assurances, which are acceptable to the Planning Board, that the-affordable dwelling units will continue to be affordable in perpetuity. Affordable units shall be dispersed throughout the Senior Village and shall be externally indistinguishable from the ma viously occupied. Dwelling, Detached Residential Cluster - A dwelling unit having reduced yard, frontage, and area requirements and a provision for open space as conditions of a special permit. (Amended at Annual Town Meeting, 1987.) DWELLING, MOBILE - A movable living unit designed for year round occupancy, sometimes termed a trailer home, whether on wheels or on rigid supports. DWELLING, MULTI-FAMILY - A structure occupied by three or more families living independently of each other. DWELLING, SINGLE-FAMILY - A detached building occupied by a single family and having no party wall, or walls in common with an adjacent structure. DWELLING, TWO-FAMILY - A detached building designed for two families. DWELLING UNIT - A single unit providing complete independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation. (Amended at Annual Town Meeting, 1987.) EARTH REMOVAL - Extraction of sand, gravel, topsoil, or other earth for sale or for use at a site removed from the place of extraction, exclusive of the grading of a lot preparatory to the construction of a building for which a building permit has been issued, or the grading of streets in accordance with an approved Definitive Plan. ERECT - To build, construct, reconstruct, move upon, or conduct any physical development on the premises required for a building. To excavate, fill, drain, and the like preparation for building shall also be considered to erect. ESTABLISHMENTS WHICH DISPLAY LIVE NUDITY - Any establishment which provides live entertainment for its patrons, which include the display of nudity as defined in M.G.L. Chapter 272, Section 31. (Amended by adding 6/7/99 ATM) FAMILY - Any number of individuals living and cooking together on the premises as a single housekeeping unit. FARM - Premises used for gain in the raising of fur-bearing animals. FARM, OTHER STOCK - Premises used for gain in the raising of stock other than poultry, pigs or fur-b es of such club. Does not include golf clubs or sportsmen's clubs elsewhere defined, or clubs or organizations whose chief activity is a service customarily carried on as a business. CLUSTER DEVELOPMENT - An option which permits an applicant to build single family attached and detached units with reduced lot area and frontage requirements, so as to create a development in which the buildings and accessory uses are clustered together into one or more groups with adjacent common open land. (Amended at Annual Town Meeting, 1989.) CONTRACTOR'S YARD - Premises used by a building contractor or subcontractor for storage of equipment and supplies, fabrication of sub-assemblies, and parking of wheeled equipment. COVER - Naturally occurring vegetation: trees, shrubbery, and plant life. DEVELOPMENT - means any manmade change to improve or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. (Amended at Special Town Meeting, October, 1990) DISPOSAL - The deposit, injection, dumping, spilling, leaking, incineration or placing of any hazardous material into or on any land or water so that such hazardous material or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater. (Amended at Annual Town Meeting, 1989.) DWELLING - A building designed or used exclusively as the living quarters for one or more families. DWELLING, ATTACHED RESIDENTIAL CLUSTER - Two (2) or more attached dwelling units, each having individual entrances. (Amended at Annual Town Meeting, 1987.) DWELLING CONVERSION - Change in construction or occupancy of a dwelling to accommodate families in addition to the number by which it was previously occupied. Dwelling, Detached Residential Cluster - A dwelling unit having reduced yard, frontage, and area requirements and a provision for open space as conditions of a special permit. (Amended at Annu one or more groups separated from adjacent property and other groups within the development by intervening open land, unless deemed otherwise by the special permit granting authority. A.residential cluster development shall conform to the following conditions: 1. Contain a minimum tract size of ten (10) acres in the RA, RB and RC Districts, and five (5) acres in the RD District. 2. The number of dwelling units shall conform to the existing density allowed in the corresponding zoning district after subtracting the area which contains wetlands as delineated by Conservation Commission. 3. A minimum of 40% of the total land area of the development shall be dedicated as common open space; no more than 25% of the land required as common open may be wetlands as defined in MGL Ch. 131, Section 40, or waterbodies. 4. There shall be a minimum width of 50 feet of buffer area between attached cluster buildings, and a minimum width of 50 feet of buffer area between attached clusters and the abutting property lines or street. These buffer areas shall provide suitable landscaping to screen and cluster buildings from each other, abutters, and streets year round. C. Required Open Land 1. At least 40% of the tract (exclusive of land set aside for roads and parking-) shall be open land. At least 75% of the open land shall be suitable for passive or active recreations use, and shall not be wetlands or land subject to seasonal flooding. 2. The open land, and such other facilities as may be held in common, shall be conveyed to one of the following, as determined by the Planning Board, subject to the following guidelines. In general, valuable natural resource land, such as wetlands not suitable for any public use or suitable for extensive public recreational use, should be conveyed to the Town or to a trust: whereas land which will be principally used by the residents of the cluster should be conveyed to any of the following: a. To a corporation or trust comprising a home association whose membership includes the owners of Convalescent Homes Tourist Home Commercial Stable and Kennels Band Instrument Instruction Mortuary Establishments 3.7.5 Permitted Activities A.home occupation may include, but is not limited to the following: Art Studio, Dressmaker, Millinery, Handicraft, Musician, Professional Office of a Physician, Surgeon, Dentist, Lawyer, Engineer, Architect, Landscaping Architect, or Clergyman. Hairdresser, Real Estate Office, Broker or Insurance within a dwelling occupied by the same. 3.8 Earth Removal Regulations 3.8.1 General Provisions For the purpose of this By-Law, ""earth"" shall include soil, loam, sand, gravel, stone or any other earth material and ""removal"" shall include the moving of earth from one location to another location within the boundaries of a lot or tract if land as well as the moving of earth off any said lot or tract of land. Except as otherwise provided in this By-Law, no earth shall be moved on or from any parcel of land in any district without a special permit from the Board of Appeals. 3.8.2 Exemptions The removal of earth material in any of the following operations shall be exempt from the provisions of this section. a. The removal of earth material for basement and septic system excavation. b. The removal of earth material, exclusive of basement and septic excavation, necessary to complete a subdivision proposal, provided said removal does not exceed one thousand (1,000) cubic yards. c. The removal of earth material, exclusive of basement and septic system excavation, for a single lot development, provided said material does not exceed three hundred fifty (350) cubic yards. d. Removal of earth material from an operating farm, nursery, golf course, cemetery, or other similar use, to the extent that such removal is necessary for the operation of the same. e. Removal of earth material by or on behalf of any department of the Town for or in connection with the construction and maintenance of public buildings, facilities, street and ways, the construction and installation of public utilities for or in connection with any other public purpose which would not require mining operations by or on behalf of any Department of the Town. 3.8.3 Special Permits Required for Subdivisions Approval of a preliminary or a definitive plan by the Planning Board under the subdivision Is multi-family housing listed as allowed through conversion (of either single family houses or non residential buildings)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: TABLE OF USE REGULATIONS Residential Business Industrial R-M Principle Uses R-U R-C R-B R-A CBD GB NB HB ! RESIDENTIAL I One-family detached - - - P P - - P - P dwelling - - P - - S - - 2 Two-family dwelling (Amended by action of Special Town Meeting, November 12,1996, Article #7 ) 3 Multifamily dwelling provided that no more than 10% of the total number of units at any one time be units of - - - - - P - three or more bedrooms - - S 4 Cluster residential development (see - - - - - - - - S S Section XI-D) 5 Planned Unit Development (See Section XI-E) (Deleted by action of Town Meeting, June 10, 1974, Article #3 ) 6 ( Deleted by action of Town Meeting, March I, 1971, Article #40 ) 7 Conversion of existing (as of September 8, 1970) dwelling structure to multifamily dwelling provided the total number of units in the converted dwelling structure shall not exceed four dwelling - - - - P units S S S (Amended by action of Town Meeting, January 17, 1977, Article #17 and March I, 1977, Article #41 and April 24, 1978, Article #53) 8 Planned multifamily develop- ment provided that no more than 10% of the total number of units at any one time be units of three or more - - - - P bedrooms S (Amended by action of Town Meeting, April 24, 1978, Article #53 ) nonresident structures to multifamily structures containing five or more, dwelling units (See Section XI-J),S - - - - - - S ------------------------------------------- +5 Only one of the above corrections may be applied. 9. Emission of odorous gases or odoriferous matter in such quantities as to be offensive shall not be permitted. Any process which may involve the creation and/or emission of any odors shall be provided with a secondary safeguard system. No objectionable odor greater than that caused by 0.001202 per thousand cubic feet of hydrogen sulfide or any ""odor threshold"" as defined in Table III in Chapter 5 of Air Pollution Abatement Manual, copyright 1951, by Manufacturing Chemists Association, Inc., of Washington, D. C., shall be permitted. 10. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as welding shall be permitted. J. Conversion of Nonresidential Structures to Residential. For residential use development within existing nonresidential structures not subject to the table of dimensional and density regulations, the following conditions shall apply: 1. A site plan shall be presented, for the entire development. This shall include parcels of land intended for use but separated from the main parcel by a public or private way. 2. The site plan shall be submitted to the Planning Board for advice and recommendation. 3. The following uses shall be permitted: residential, community facilities for exclusive use of the residents, and commercial (retail or service establishment). The gross floor area devoted to commercial uses shall not exceed 6 percent of the total residential gross floor area and shall not be located above the first floor. 4. The proposed conversion shall comply with the dimensional and density regulations for the R-M district (Section VI.B) and to the provisions of Section VI.G.3, except that the minimum yard dimensions and maximum building area may be adjusted as deemed appropriate by the Board of Appeals. 5. At any one time, not more than 10 percent of the total dwelling units shall contain three or more be SECTION V MORE THAN ONE BUILDING OR DWELLING ON A LOT PROCEDURE GENERAL INFORMATION Not more than one (1) building (anywhere) nor more than two (2) dwelling units (except as permitted or allowed by special permit under the current zoning By-law as amended) designed or available for use, except an accessory use, shall be erected or placed or converted to use as such on any lot in a subdivision, or elsewhere in the Town without the consent of the Board, and such consent may be conditional upon the providing of adequate ways, furnishing access to each site for such buildings. Such applications shall be treated in the same manner as a normal subdivision even though it is not, in fact, a true subdivision and is therefore entitled to the same zoning protection as a single lot or a Form A (Approval Under the Subdivision Control Law Not Required) plan. A. APPLICATION FOR PRELIMINARY APPROVAL AND FEE A preliminary plan for more than one (1) building or more than one (2) dwelling units on a lot(as applicable), known as multiple building, shall be submitted by the applicant to the Planning Board or to the Board through the Engineering Department and the Board of Health or to the Board of Health through the Board of Health Agent for discussion and tentative approval, modification, or disapproval by each. The submission of such a preliminary plan will enable the applicant, the Planning Board, the Board of Health and other municipal agencies to discuss the development before a definitive plan is prepared. A technical review deposit of fifty dollars ($50.00) per building or dwelling unit shall be filed with the Board or to the Board through the Engineering Department for posting with the Treasurer and used as compensation to hire a qualified consultant pursuant to MGL Chapter 44, Section 53G. If the account is depleted prior to the technical review completion, the applicant will be required to supplement the account in an amount that the Board finds is reasonably necessary. Surplus funds, if any, are to be returned to the applicant upon completion of the technical review. Failure by the applicant to post said fee f er supply, sanitary sewage system and electric or gas service. Added by action of Town Meeting, April 24,1978, Article #60. MOTEL : A building or group of buildings containing one (1) or more guest rooms with separate outside entrances for each room or suite of rooms and for which room or suite of rooms automobile parking space is provided. Added by action of Town Meeting, April 24,1978, Article #60. MULTIFAMILY APARTMENT HOUSE : Any building or portion thereof used as a multiple dwelling for the purpose of providing three (3) or more separate dwelling units with shared means of egress. Added by action of Town Meeting, June 23,1975, Article #15. MULTIFAMILY ROWHOUSE (TOWNHOUSE, CONDOMINIUM) : An attached or semidetached building or structure with continuous or common walls containing three or more dwelling units. Added by action of Town Meeting, April 26,1976, Article #39 OFFICES : Space or rooms used for professional, administrative, clerical, and similar uses. Added by action of Town Meeting, April 24,1978, Article #60. OPEN SPACE : The space on a lot unoccupied by buildings, unobstructed to the sky, not devoted to streets, driveways, or off-street parking or loading spaces and expressed as a percentage of total lot area. OWNER : The duly authorized agent, attorney, purchaser, devisee, trustee, lessee or any person having vested or equitable interest in the use, structure or lot in question. PARKING SPACE : An open space or a garage, on a lot used for parking motor vehicles, the dimensions of which are not less than nine (9) feet wide by nineteen (19) feet long and to which there is an access from a street, plus not less than 100 square feet of access and maneuvering space, whether inside or outside a structure for exclusive use as a parking stall for one motor vehicle, and further being surfaced with a durable pavement. PLANNED UNIT DEVELOPMENT : A development permitting single family, two family, and multifamily dwelling units, community facilities and commercial facilities on a single tract of land arranged TABLE OF DIMENSIONAL AND DENSITY REGULATIONS District,Use,Minimum l ol Area (sq ft ),Minimum I of Width (ft),Minimum of Frontage (ft),Minimum of Depth (f) ),Minimum Front (II),Yard Side (ft),Rear (ft,Maximum Height (f) ),Maximum Stories (No ),Maximum Building Area (%),Minimum Open Space (%) R M,Multi Family Apartment House Multi family Row House (Town House Condominium) Two Family Dwelling Any other permitted use (5),2 000 sq ft per dwelling unit + 2 000 sq ft per bedroom per dwelling unit (7),150(5) 100(5),150(5) 100(5),80,25,10(2),30,40,4,- 30,30 10) RU,Two Family Dwelling,35 000 (7),120(5),120,100,25,15(1),40,35,25,30,50 ,Single Family Dwelling,25 000(7),80,80 (5),80,25,15,40,35,25,30,50 ,Any other permitted use,35 5000(7),120(6),120(G),80,25,15,40,35,25 5,30,50 10) RC,Any permitted use,40 000(7),100,100(5),120,35,15,40,35,3,25,50 10) RB,Any permitted use,55 000(7),125,125(5),140,40,20,40,35,25,20,50 10) RA,Any permitted use,""55,000 (9)"",150,150(5),180,40,20,50,35,2 5,20,50 CBU,Any permitted use,2 500,20,20,75,0,0,10,40,3,90,0 GB,Any permitted use,10 000 (7),50,50,75,15,5,30,40,3,70,10 NB,Any permitted use,10 000 (7),50,50,75,15,5,30,30,2 5,50,20 HB,Hotel and Molel,20 000 + 3 000 per unit (7),80,80,100,20,15,40,40,4,40,30 ,Any permitted use,20 000 (7),80,80,100,20,15,40,85(8),6(8),40,30 I Amended,Any permitted use by action of Town Meeting April 30,80 000 (7) 1979 Article 27,125,150,125,25,20,40,40,4,50,25(3) R M Previous amendment voted June 17 1981 Article 16 (7) Amended by action of Special Town Meeting November 12 1996 Article 6 (8) Amended by action of Special lown Meeting on May 5 1997 Article #9 ID 29 (6) Amended by action of Annual Town Meeting April 24 1989, Article 42 Is multi-family housing listed as allowed through conversion (of either single family houses or non residential buildings)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: units suitable for occupancy by such persons, while ensuring compliance with the local planning standards and policies concerned with land use, building design, and requirements of the health, safety, convenience and general welfare of the inhabitants of the Town. 5520. Conditions and Requirements. An owner or owners of a single family dwelling in Single Residence District ""A"", ""C"" or Wayside Inn Historic Preservation Zone may apply to the Board of Appeals for a Special Permit for the creation and occupancy of a single accessory dwelling unit in a detached single family dwelling. Such application shall be accompanied by the application fee established by the Board of Appeals. After such notice and public hearing, and after due consideration of the report of the Board of Health, (and the Historic Districts Commission, where applicable), the Board of Appeals may grant such Special Permit provided that each of the following conditions and requirements is met: 5521. Occupancy a. Such unit shall be occupied by not more than four persons related by blood, adoption or marriage to the family owning and residing in the principal dwelling; or b. Such unit shall be occupied by not more than two domestic employees of the family owning and residing in the principal dwelling; or c. Such unit shall be occupied by a low or moderate income family with income not to exceed 80% of the regional median household income established in the Local Initiative Program Guideline of the Executive Office of Communities and Development (as the same may be amended from time to time). 5522. The accessory dwelling unit shall be located within the single family dwelling or its attached accessory structures in substantially the same size as they existed on the day of adoption of this section or, for single family dwellings not in existence on such day of adoption, as they have existed for five years prior to the application for such Special Permit. Such status shall be verified in the records of the Building/ Inspection Department. A single family dwelling shall be deemed to comply wi xisted for five years prior to the application for such Special Permit. Such status shall be verified in the records of the Building/ Inspection Department. A single family dwelling shall be deemed to comply with the requirements of this subsection if any alteration or enlargement thereof subsequent to said day of adoption or within the said five year period does not increase the floor area of said dwelling, as hereinafter defined, by more that fifty (50) square feet. For dwellings in existence on the day of adoption which have been increased in floor area by more than fifty (50) square feet subsequent to the day of adoption, no special permit hereunder may be issued until after the expiration of five years from the last such alteration or enlargement. On request of the applicant, the Board of Appeals may waive all or a portion of any applicable five year period if it finds that such waiver will further the purposes of this section. 5523. The accessory dwelling unit shall be a use incidental to the single family dwelling, shall contain no more than 1,200 square feet, and shall occupy no more than 30% of the floor area of the single family dwelling and its attached accessory structures. Floor area is defined herein as the actual heated living area and does not include unfinished basements, attics, or storage spaces. 5524. There shall be no more than one single accessory dwelling unit per building lot. 5525. The owner of the dwelling in which the single accessory dwelling unit is created shall reside in the dwelling, either in the principal dwelling unit or the accessory dwelling unit. If the owner resides in the accessory dwelling unit, occupancy of the principal dwelling unit must be by persons satisfying the relationship or income criteria herein. For the purpose of this subsection, the ""owner"" shall be one or more individuals who constitute a family, who hold title to the dwelling, and for whom the dwelling is the primary residence for voting purposes. If the lot on which the single accessory dwelling unit is to be located is owned by the Town of Sudbury, the owner- of Dimensional Regulations. 2330. Home Business - As of Right. A registered home business may be allowed as of right in all residential zoning districts, provided that it: 2331. is conducted solely within a dwelling and solely by the person(s) occupying the dwelling as a primary residence; 2332. is clearly incidental and secondary to the use of the premises for residential purposes; 2333. does not produce offensive noise, vibration, smoke, dust, odors, heat, lighting, electrical interference, radioactive emission or environmental pollution; 2334. does not utilize exterior storage of material or equipment (including the parking of commercial vehicles); 2335. does not exhibit any exterior indication of its presence or any variation from residential appearance; 2336. does not produce more than one customer round trip per day to the occupation site; 2337. is registered with the Zoning Enforcement Agent. 2340. Home Business - By Special Permit. A registered home business may be allowed in all residential zoning districts by special permit issued by the Board of Appeals, provided that it: 2341. fully complies with Sections 2332, 2333 and 2334 above. 2342. is conducted within a dwelling, or within a building accessory to a dwelling, solely by the person(s) occupying the dwelling as a primary residence and, in addition to the residents of the premises, by not more than one additional employee; 2343. does not exhibit any exterior indication of its presence, or any variation from residential appearance, except for a sign or name plate compliant with Section 3200; 2344. a special permit for such use is granted by the Board of Appeals, subject to conditions including, but not limited to, restriction of hours of operation, maximum floor area, off-street parking, and maximum number of daily customer vehicle trips. 2400. NON-CONFORMING USES AND STRUCTURES. 2410. Applicability. This Zoning Bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which ARTICLE 5000. ALTERNATIVE RESIDENTIAL REGULATIONS. 5100. CLUSTER DEVELOPMENT. 5110. Purpose. The purpose of Cluster Development is to maintain land use density limitations while encouraging the preservation of common land for conservation, agriculture, open space, and recreational use; to preserve historical or archeological resources; to protect existing or potential municipal water supplies; to protect the value of real property; to promote more suitable siting of buildings and better overall site planning; to promote better utilization of land in harmony with neighboring parcels, with its natural features and with the general intent of the zoning bylaw through a greater flexibility in design; and to allow more efficient provision of municipal services. 5120. Applicability. The Planning Board may grant a Special Permit for a Cluster Development in Single Residence ""A"", Single Residence ""C"" and the Wayside Inn Historic Preservation Residential Zone Districts for single family detached dwellings and accessory structures, subject to the provisions of this Section 5100. 5130. Standards. The following standards shall apply to all Cluster Developments: 5131. Minimum Tract Size. Cluster Developments shall be located upon a single tract, in common ownership with definite boundaries ascertainable from recorded deed or recorded plan, having an area of at least 10 acres and undivided by land of separate ownership or by a private or public right-of-way. 5132. Number of Building Lots Permitted. The total number of building lots in a cluster development shall be no greater than the number of building lots that would otherwise be allowed in the district in which the land is located. For purposes of this section, ""building lot"" shall mean any lot found by the Planning Board, Board of Health and Conservation Commission, at the time of application, assuming compliance with the Zoning Bylaw, to be suitable for the construction thereon of residential dwelling units under the rules and regulations of the Town of Sudbury and t ms or space with a common means of egress and entrance. Indoor commercial recreation shall include theatres, concert halls, dance halls, skating rinks, bowling alleys, health clubs, dance studios, or other commercial recreational centers or places of assembly conducted for or not for profit. COMMERCIAL RECREATION, OUTDOOR : Drive-in theatre, golf course/driving range, bathing beach, sports club, horseback riding stable, boathouse, game preserve, marina or other commercial recreation carried on in whole or in part outdoors, except those activities more specifically designated in this Bylaw. CLUB OR LODGE, PRIVATE : Buildings, structures and premises used by a nonprofit social or civic organization, or by an organization catering exclusively to members and their guests for social, civic, recreational, or athletic purposes which are not conducted primarily for gain and provided there are no vending stands, merchandising, or commercial activities except as may be required generally for the membership and purposes of such organization. DEMOLITION : Removal of a building or structure by any means whatsoever. DOG KENNEL : An establishment in which more than three (3) dogs are housed, groomed, bred, boarded, trained or sold. DRIVEWAY, INTERIOR : A travel lane located within the perimeter of a parking lot which is not used to directly enter or leave parking spaces. An interior driveway shall not include any part of the access driveway. DWELLING : A building for human habitation, which shall not include a trailer or other mobile living unit. Single and two family dwellings shall be designed for and occupied by not more than one (1) or two (2) families, respectively. A multi-family dwelling shall be one designed for and occupied by three (3) or more families. DWELLING UNIT : A room or group of rooms forming a habitable unit for one family, with facilities used, or intended to be used, for living, sleeping, cooking, eating, and sanitation. DWELLING UNIT, SINGLE ACCESSORY : A second dwelling unit located within a structure constructed as Is multi-family housing listed as allowed through conversion (of either single family houses or non residential buildings)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know" "[INST] Context: s section does not provide for ""two-family"" or ""duplex"" type housing. [Added 12-4-1990 STM by Art. 9] B. An owner or owners of a single-family dwelling in an RA or RB District may apply to the Board of Appeals for a special permit for the construction and occupancy of an accessory dwelling unit, hereinafter ""accessory apartment"" .in such single-family dwelling. In no case shall there be more than one accessory apartment in any single-family dwelling. C. In accordance with the provisions of Article XI of this bylaw, and after due consideration of the report and recommendation of the Board of Health (see Subsection C), the Board of Appeals may grant a special permit provided that: [Amended 12-4-1990 STM by Arts. 10 and 11; 4-27-1991 STM by Art. 7] (1) The accessory apartment is accessory to the principal residence, the floor area of the apartment shall not exceed 35% of the floor area of the principal residence and the apartment combined, and either the apartment or the principal residence is occupied by the owner of the lot on which the apartment is to be located, except for bona fide temporary absences. (2) Adequate provision has been made for the disposal of sewage, waste and drainage of such accessory apartment in accordance with the requirements of the Board of Health. (3) Adequate provision has been made for ingress and egress to the outside from such accessory-apartment. (4) The construction and occupancy of the accessory apartment will not be detrimental to the neighborhood in which the lot is located. (5) The lot on which the accessory apartment and principal residence are located contains at least one acre. (6) Adequate provision has been made for off-street parking of motor vehicles in such a fashion as is consistent with the character of a single-family residence. (7) There is no other apartment on the lot on which the accessory apartment is to be located. D. In order to ensure compliance with Subsection B(2) above, the applicant shall obtain and submit to the Board §145-47. Open space multifamily development (OSMD). A. Purpose. In order to provide for the public interest by the preservation of open space in perpetuity, variety in residential housing which allows for development more harmonious with natural features and to promote the maximum possible protection of open space, visual quality, and watershed protection, and to encourage efficient provision of necessary utilities and community services, the following requirements are established for open space multifamily development within the Town of Townsend. In making any and all determinations under this bylaw, the Planning Board shall always compare the impact of an open space development with potential conventional development, and may approve open space development only if the proposal is superior to a conventional development, The Planning Board shall be guided by the findings and recommendations of the Townsend Open Space Plan and Townsend's Housing Policy, as amended. B. Applicability. Open space multifamily development shall be allowed within RA and RB zoning Districts subject to the requirements of the Zoning Bylaw for those districts, and in accordance with the additional requirements specified herein. C. General requirements. (1) After an OSMD application has been submitted, no utility installations, no ditching, grading or construction of roads, no grading of land or lots, no excavation except for purposes of soil testing, no forest harvesting, no dredging or filling, and no construction of buildings or structures shall be done on any part of the development site until the application has been reviewed and approved as provided by this section; (2) No OSMD will be approved within an established residential neighborhood if the Planning Board determines that such land use would have a detrimental effect upon the surrounding property; (3) It shall be the responsibility of an applicant for an OSMD special permit to demonstrate to the Planning Board that this form of land development will be more appropriate than traditional patterns of residential development s of various ages and income levels and create affordable housing, to help people who have lived and worked in Townsend and have been unable to obtain suitable housing at a reasonable price, and to maintain a stable economy by preventing the out migration of lower income groups who provide essential services. The Planning Board may issue a special permit which allows an increase in density through a partial relaxation of requirements of this bylaw but only in conjunction with procedures described in 145-39, Open space preservation development, and 145-47, Open space multifamily development, and shall require that a minimum of 30% of all units developed on the site be sold and maintained at affordable prices, according to the standards contained in Subsection C below. The Planning Board may not allow an increase in density beyond one total dwelling unit per acre. As a further incentive for the construction of affordable housing, the Board may, in its discretion, waive certain improvement requirements set forth in the Townsend Subdivision Rules and Regulations."" B. Definitions. AFFORDABLE HOUSING DEVELOPMENT AFFORDABLE HOUSING UNITS (1) For homeowners: payments for principal and interest on a mortgage, real estate taxes, homeowner's insurance, and condominium fees, if any; or (2) For renters: rent including heat but not other utilities. In determining median income, the most recent data available from the Massachusetts Housing Partnership Program shall be used. DESIGN STANDARDS MODIFICATION OF STANDARDS NUMBER OF AFFORDABLE UNITS PHASING SALE PRICE C. Applicability. Density increases associated with the creation of affordable housing shall be allowed only within open space preservation developments, 145-39 and open space multifamily developments, 145-47. D. Application requirements. Preliminary plan applications for proposed cluster residential developments are to be made to the Planning Board according to 145-39 and 145-47 of the Townsend Zoning Bylaw. In addition to those requirements noted in 145-39 and 145-47, a statement as to how the proposal conforms ARTICLE IX Special Provisions §145-34. Additional requirements. §145-35. Motels. A. The density of motel units per acre shall be no more than five. [Amended 5-18-1987 STM by Art. 22] B. On each lot used for motel purposes there shall be provided front yard 60 feet in depth, rear and side yards each not less than 50 feet in depth. C. A space not less than 20 feet shall be maintained open with grass, bushes, flowers or trees all along each side lot, rear lot and front lot, except for entrance and exit driveways, and such open space shall not be built on, nor paved nor used for parking. D. No space within the required front yard depth shall be used for parking except as a temporary nature such as for registering. No parking spaces are allowed in required yard depths and all parking shall be at the side, rear or under the building for which it is intended. E. Each motel site shall be provided with not more than two motor- vehicle driveways for each abutting street which shall intersect the abutting street or streets at 90. F. Each rental unit shall contain not less than 250 square feet of habitable floor area. G. Subject to Board of Appeals, uses such as but not limited to restaurants, convention facilities, health clubs, retail shops, beauty and barber shops are permitted within motels containing 100 or more units. H. Hotels/motels in operation prior to January 1, 1970 have the capability to expand to a maximum density of 10 units per acre with or without individual kitchens. [Added 4-29-1991 ATM by Art. 41] §145-36. Accessory apartments in residential district. A. Purpose. Recognizing the need to provide alternative affordable housing for family members, the following regulations are established for accessory apartments in a residential district. It is expressly understood that this section does not provide for ""two-family"" or ""duplex"" type housing. [Added 12-4-1990 STM by Art. 9] B. An owner or owners of a single-family dwelling in an RA or RB District may apply to the Board of A practical matter. The, applicant shall also provide financial data, based on the known data, including current housing prices and reasonable inflation and population projections, demonstrating that the conventional subdivision is financially viable, and could be completed and sold within the same time frame planned for the open space proposal. [Amended 5-2-2000 ATM by Art. 39] (a) The plan shall show all wetlands along with potential sites for homes; and if individual septic systems and/or wells for drinking water would be necessary to serve the homes, then also the location of a subsurface sewage disposal system and/or well on each lot. [Added 5-2-2000 ATM by Art. 38] (b) The applicant shall submit data proving that adequate provision for sanitary sewage can be provided to each lot in the conventional subdivisions. If individual septic systems would be necessary to serve the homes, then the following data must be included: [Added 5-2-2000 ATM by Art. 38] (2) Density regulations. The Planning Board may grant a reduction on all density regulations of the underlying zoning regulations for all portions of an OSMD, with the exception of height and front, side and rear yard setbacks, if the Planning Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with this section, provided that in no instance shall any lot deviate from the following .table of minimum requirements: Table of Minimum Requirements ,""Zoning District RA, RB Single-Family Dwellings With Town Water"",Without Town Water Minimum lot area,""20,000 sq. ft."",""48,000 sq. ft."" Minimum lot frontage,35 ft. Two-Family Dwellings With Town Water,35 ft. Without Town Water Minimum lot area,""30,000 sq. ft."",""60,000 sq. ft."" Minimum lot frontage,35 ft.,35 ft. ,Apartment/Multifamily Dwellings, ,With Town Water,Without Town Water Minimum lot area,""48,000 sq. ft."",""80,000 sq. ft."" Minimum lot frontage,35 ft.,35 ft. (3) Development standards. Prior to the issuance of a special permit for an OSMD, the applicant shall submit the Is multi-family housing listed as allowed through conversion (of either single family houses or non residential buildings)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know" "[INST] Context: t, special permit and/or sign permit or other approval under this ordinance. DEVELOPMENT : That which is to be done pursuant to a zoning permit, special use permit, sign permit and/or other approval. DISPLAY LOT : An area of land used for the parking, storage, or presentation of motor vehicles, trailers, and boats for sale, lease or rent. (Added 1/19/99) DISPLAY SPACE : A portion of a display lot set aside for the display or storage of one vehicle, trailer, boat or similar item. (Added 1/19/99) DORMITORY : A building, which is owned and/or operated by an educational institution, whose primary use is to provide living accommodations for individuals associated with the institution. DRAINAGE : The removal of surface water or groundwater from land by drains, grading, or other means. Drainage includes the control of runoff to minimize erosion and sedimentation during and after development and includes the means necessary for water supply preservation or prevention or alleviation of flooding. DRIVEWAY : That portion of a vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the accommodation area. DWELLING : A building and its attendant premises, designed and used in whole or in part for human habitation. DWELLING, MULTI-FAMILY : A building or portion thereof used as a multiple dwelling for the purpose of providing four (4) or more separate dwelling units with shared means of ingress and egress and other essential facilities. DWELLING, MULTI-FAMILY, HIGH RISE : A multi-family dwelling four (4) or more stories in height. DWELLING, MULTI-FAMILY LOW RISE : A multi-family dwelling not exceeding three (3) stories in height. DWELLING, SINGLE FAMILY ATTACHED : A building consisting of not less than three (3) dwelling units, each unit of which is separated from the other by a vertical party wall or double wall, and each unit of which has a separate, ground floor entrance; includes townhouse. DWELLING, SINGLE FAMILY DETACHED : A building consisting of one (1) dwelling unit occupying one (1) lot. DWELLING, SINGLE of Public Health and the Department of Public Health and Code Enforcement. Guestrooms shall not include individual kitchen facilities, but shall be allowed an individual or shared bath/toilet facility, with at least one toilet, one bath/shower, and one wash basin separate from these required for the single family residence portion of the dwelling. A maximum of the guests are allowed per room and children under the age of twelve (12) years shall not be considered in the total number of guests. The use of that portion of the dwelling devoted to transient occupancy shall be accessory to the use of the dwelling as a single family residence and shall not change the character thereof. (Amended, approved 10/28/97) BLOCK : A portion of land measured along a public way right-of-way line, extending from one intersecting public way to the next intersecting public way along the same right-of-way line. BUILDING : A combination of any materials, whether portable or fixed, having a roof and enclosed within exterior walls or firewalls which is built, erected or framed to form a structure for the shelter of persons, animals or property. BUILDING, ACCESSORY : A building the use of which is primarily subordinate and incidental to that of the principal building and which is located on the same lot. BUILDING LINE : The line, parallel to the street line, which passes through the point of the principal building nearest the front lot line. BUILDING, PRINCIPAL : A building in which is conducted the principal use of the lot on which it is located. CAMOUFLAGED : A Personal Wireless Service Facility that is disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure. (Amended, approved 5/26/98) CAMPUS : A campus is the single geographic area (even though such area may be divided by public or private streets, rivers or parks) comprised of grounds and buildings owned or occupied by a licensed hospital or its affiliates or by a nonprofit academic or professional college or university. CARPORT : An attached roof projecting from the side of igned to be used by artists or craftspeople to create works of art or crafts, and which may also be used by such artists or craftspeople to reside in. Such residency shall be limited to one (1) per family per dwelling unit. Works of art or craft shall mean items that are created primarily for purposes of aesthetic enjoyment, and no solely for practical purpose, including but not necessarily limited to paintings, drawings, lithographs, and other representations; photographs, film, video, prints and other visual and electronic media; textiles and costumes; jewelry; pottery; art objects made of glass; precious and semi-precious metals, stones and the like; lighting used for artistic purposes; gallery and exhibit space; performance arts including dance, music and theater including lessons, practice, rehearsal and actual performances whether live audiences, taped or filmed. (Amended 11/9/99) LOT : A single and contiguous parcel of land under one (1) ownership which is not divided by street or way appearing on the official map. Such a parcel is still a single lot even tough interior lot lines exist. LOT AREA : The total number of square feet within the exterior lines of the lot. For purposes of calculation, any water area more than ten (10) feet from the shoreline is excluded from the total lot area. LOT, BORDER : A lot contiguous to a zone district boundary. LOT, CORNER : A lot situated at the intersection of and abutting two (2) streets that have an angle of intersection of not more than three hundred and thirty-five (335) degrees. LOT LINE : The boundary of a lot that separates it from adjoining lots. LOT, SPLIT : A lot divided by a zone district boundary. MARINA : Premises used for wharves, docking, boat liveries, boat yards, yacht clubs, sale of marine equipment, but excluding the sale of boats and the processing or sale of fish. MANUFACTURED HOME : A dwelling fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying that it is built in compliance with the Federal Manufactured Housing Con A dwelling fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards. MASTER PLAN : The comprehensive plan as adopted by the Planning Board, including graphic and written proposals, indicating the general location of and process for streets, parks, schools, public structures and all associated development for the City of Worcester, and including any amendment to such plan or part thereof. MIXED USE DEVELOPMENT : A development seeking a density bonus pursuant to Article IX characterized by three (3) or more significant revenue producing uses, such as retail, office, residential, hotel/motel, entertainment/cultural/recreational which are mutually supporting, exhibit physical and functional integration and are developed in conformance with a coherent plan. MOBILE HOME : A transportable, factory-built dwelling designed to be used as a year-round residence and built prior to enactment of the Federal Manufactured Housing and Construction and Safety Standards Act of 1974 which became effective June 15, 1976. MONOPOLE : The type of mount that is self-supporting with a single shaft of wood, steel, or concrete and a platform (or racks) for panel antennas arrayed at the top. (Amended, approved 5/26/98) MOUNT : The structure or surface upon which antennas are mounted, including the following four (4) types of mounts. (Amended, approved 5/26/98) 1. Roof-mounted: Mounted on the roof of a building. 2. Side-mounted: Mounted on the side of a building. 3. Ground-mounted: Mounted on the ground. 4. Structure-mounted: Mounted on a structure other than a building. 5. Interior-mounted: Mounted within a building such that the Personal Wireless Service Facility is not visible from the exterior of the building/structure. NEIGHBORHOOD PRESERVATION DISTRICT : An area designated by the City of Worcester for that purpose of regulating development and rehabilitation with respect to the imp ractical. C. The structure, as converted, satisfies the dimensional standards and parking requirements of this Ordinance. D. The dimensional standards in 1.C above, may be altered by special permit of the Zoning Board of Appeals. 2. In Business, Manufacturing and Industrial Park Zones, residential structures in existence on the effective date of this ordinance may be converted to provide additional dwelling units if the following are met: A. External appearance of the structure remains unchanged except for additional doors and windows, fire escapes and stairways. Fire escapes and stairways must be in the rear of the structure where practical. D. The structure, as converted, satisfies the dimensional standards and parking requirements of this Ordinance. C. The dimensional standards in 2.B above, may be altered by special permit of the Zoning Board of Appeals. Section 10 Adult Entertainment Establishments (Amended, approved 12/17/96) A. An adult entertainment establishment may be operated only in the zoning district(s) determined by Table 4.1 and only then upon the issuance of a special permit by the Zoning Board of Appeals acting in accordance with this ordinance and the standards set forth in this section. B. No special permit shall be granted for any adult entertainment establishment located within five hundred linear feet, measured from any exterior property line of the property said use is to be located upon, to any exterior property line of any: 1. property zoned or used for residential purposes; or 2. other adult entertainment establishment; or 3. establishment licensed under the provisions of G.L. c. 138, Section 12; or 4. day care center, municipally-owned property, public or private elementary or secondary school; or 5. church/place of worship, clinic, convalescent home/institution, funeral undertaking establishment, hospital or sanatorium, library or nursing home/institution. C. No special permit shall be granted for any adult entertainment establishment owned, controlled or managed by any person convicted of violating the provisio Is multi-family housing listed as allowed through conversion (of either single family houses or non residential buildings)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: ate income under programs regulated and financially assisted by agencies of the government of the United States or of the Commonwealth of Massachusetts under programs for that purpose. The special permit shall impose appropriate safeguards to ensure continued use of forty percent (40%) or more of the family units for subsidized housing. No special permit shall be issued prior to receipt of such advisory, unless forty-five (45) days have elapsed from the date of submission of the request by the Zoning Board of Appeals. Failure to advise within the time limit shall be deemed a favorable recommendation. 7.5.10 Phasing. Upon authorization of multifamily use by the Zoning Board of Appeals, the Planning Board shall establish an annual limit for the number of dwelling units to be authorized, taking into consideration the town-wide building rate experienced over the previous two (2) years and anticipated over the next half dozen years, the needs which the housing will serve, the ability of the town to provide services in a timely manner and the housing cost and feasibility consequences of the limitation. 7.6 ACCESSORY FAMILY DWELLING UNIT 7.6.1 Purpose. The intent and the purpose of this section is to permit accessory dwelling units in single-family residential districts subject to the standards and procedures here and after set forth. It is also the intent to assure that the single-family character of the neighborhood will be maintained and that the accessory unit remains subordinate to the principal living quarters. 7.6.2 Special Permit. A special permit may be granted for the conversion of, by attachment via common wall or containment within, an existing single-family dwelling only or new construction of the same only to accommodate an additional family living unit in districts where allowed in the Table of Use Regulations, provided that there is compliance with all provisions of this section. 7.6.3 Use Limitations. Such additional family living unit shall be limited to a maximum of four (4) pe 15. 4. To hear and decide comprehensive permits for construction of low or moderate-income housing by a public agency or limited dividend or nonprofit corporation, as set forth in G.L. c. 40B, ss. 20-23. 9.2.3 Regulations. The Board of Appeals may adopt rules and regulations for the administration of its powers. 9.2.4 Fees. The Board of Appeals may adopt reasonable administrative fees and technical review fees for petitions for variances, administrative appeals, and applications for comprehensive permits. 9.3 SPECIAL PERMITS 9.3.1 Special Permit Granting Authority. Unless specifically designated otherwise, the Board of Appeals shall act as the Special Permit Granting Authority. 9.3.2 Criteria. Special permits shall be granted by the Special Permit Granting Authority, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to the town or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this By-Law, the determination shall include consideration of each of the following: 1. Community needs served by the proposal; 2. Traffic flow and safety, including parking and loading; 3. Adequacy of utilities and other public services; 4. Neighborhood character and social structures; 5. Impacts on the natural environment; and 6. Potential fiscal impact, including impact on town services, tax base, and employment. 9.3.3 Procedures. An application for a special permit shall be filed in accordance with the rules and regulations of the Special Permit Granting Authority. 9.3.4 Conditions. Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the Special Permit Granting Authority may deem necessary to serve the purposes of this By-Law. 9.3.5 Plans. Unless otherwise provided by rule or regulation of the special Permit Granting Authority, an applicant for a special permit shall submit a plan in s hority. Any development pursuant to the PSMUOD by-law shall be allowed only by special permit. The Planning Board is hereby designated as the Special Permit Granting Authority (SPGA) in the PSMUOD. A super majority shall be required for plan approval. All Special Permit applications made pursuant to the PSMUOD by-law shall conform to the standards and criteria and procedural provisions of the PSMUOD by-law and all relevant procedural provisions in the current Ashland zoning by-laws. Said Special Permit may be issued subject to such conditions as the Planning Board may deem appropriate to protect the public interest and to ensure that development to the PSMUOD will be consistent with the purpose of this Section and the controls set forth herein. 4.0 Development Criteria. In addition to the specific requirements contained within this Bylaw, the Ashland Planning Board shall issue a special permit for development within the PSMUOD only after consideration of the following: 1. Adequacy of the site in relation to the size of the proposed structure(s); 2. Adequacy of the provision of open space, its accessibility to the general public, and/or its association with adjacent or proximate open space areas; 3. Suitability of the site for the proposed use(s); 4. Impact on traffic, pedestrian flow and safety and access for emergency vehicles; 5. .Impact on the visual character of the neighborhood; 6. Adequacy of utilities, including sewage disposal, water supply and storm water drainage; 7. Degree to which the proposed project complies with the stated purpose of this bylaw; 8. Impact of the proposal on the existing mix of structures and businesses in the PSMUOD. 5.0 Permitted Uses. Within the PSMUOD, the Planning Board may issue a special permit for the following uses either solely or in combination: 5.1 Residential. 1. Dwelling units located above or adjacent to a building containing non-residential uses. 2. Dwelling units above or adjacent to non-residential uses may be connected for access if both are owned by the same entity and occupied rea."" 4. Setbacks and Yard Regulations for Buildings. 1. Following are the setback requirements: a. Required front setback distance: no minimum and no maximum. b. Required side yard width: 10 feet minimum. c. Required rear yard depth: Minimum 15 feet 5. Display/Storage. No storage or permanent display of goods, products, materials or equipment, vending machines or similar commercial devices shall be located nearer to the line of any street than the permitted setback distance for a building on the lot. 6. Height Regulations. Building heights up to five (5) stories are allowed in the PSMUOD, and, as a development incentive, the SPGA may allow buildings higher than five (5) stories if the developer can demonstrate to the SPGA's satisfaction, that the increased height is in keeping with the purpose of the bylaw. 7. Common Open Land. 1. The developer is encouraged to have Common Open Land for use by the general public. The Common Open Land shall have a shape, dimension, character and location suitable to assure its use for park or open space purposes by the general public. 2. The SPGA may permit a density bonus of one (1) dwelling unit per 2,000 sf of Common Open Land provided the area of Common Open Land shall equal at least ten (10) percent of the total parcel area. 3. Any required takings for Right of Way (ROW) improvements including sidewalks along a public street, will not impact the minimum required ""buildable lot area"" for the development and may be included in the Common Open Land calculation if said land is transferred to the Town or State, as appropriate, free of charge. 7.0 Affordable Housing. 1. As a condition of the grant of any special permit in the PSMUOD creating more than ten (10) residential units, a minimum of the following total number of dwelling units shall be restricted as affordable for a period of not less that ninety-nine (99) years. Fractions of .49 or less shall be rounded down and .50 or more rounded up. The form of the ninety-nine year restriction shall be approved by legal counsel to the SPGA, and a rig rs by certified mail, return receipt requested. Secondary abutters shall receive notice by regular mail. (2) The Planning Board shall provide the applicant with the notice to be published. It is the applicant's responsibility to submit the notice to the appropriate newspaper for timely publication. (3) The applicant shall submit a list or abutters and secondary abutters to the Planning Board. The Assessors' Office shall certify the list of abutters and secondary abutters by lot, block and map number and submit said list to the Planning Board. The Planning Board shall provide the final list of abutters and secondary abutters to the applicant, who shall send out the notices within five (5) days after the first publication at his expense. (4) The petitioner's failure to attend the Public Hearing may be sufficient grounds for the Planning Board to deny the Definitive Pan. G. Performance Security. (1) General requirements (a) Prior to the Board endorsing its approval on the Definitive Plan and releases it for recording, the applicant/developer must deliver sufficient security to the Planning Board, as determined by said Board. Such security amount shall be calculated by the Planning Board Engineering Consultant to assure necessary improvements within the subdivision by a combination of the methods described in Subsection G(2). The form(s) of security shall be reviewed by Town Counsel and where appropriate, shall be cosigned by the mortgage holder. An itemized start and end date schedule shall also be provided for contemplated improvements, not to exceed two (2) years; unless there is a mutual written agreement between the applicant/developer and the Planning Board for an extension of time. Such agreement shall be executed and affixed to the performance guaranty. (b) Further extensions of time may be granted by the Planning Board upon written request of the applicant/developer, and such agreement shall be executed and affixed to the performance guaranty. (c) Despite the aforementioned security, the Which entity acts as the special permit granting authority for multi-family housing? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] Planning Board & Board of Appeals" "[INST] Context: n. The BOARD OF APPEALS must determine that each conversion of a single-family to a two-family or MULTI-FAMILY dwelling shall meet the SPECIAL PERMIT standards of Article 26 of this Bylaw. 17.4.7. Area limitation. Each unit in a TWO-FAMILY DWELLING shall not exceed a maximum of 1,800 square feet in floor area. Each MULTI-FAMILY dwelling shall not exceed 900 square feet in floor area. Such area shall not include attached or detached garages, attics, or BASEMENTS. 17.4.8. Parking. Provisions for off-street parking of residents and guests of both units shall be provided in such a manner as is consistent with the character of the neighborhood, as determined by the BOARD OF APPEALS. 17.4.9. SPECIAL PERMIT. No building permit shall be issued in accordance with the SPECIAL PERMIT issued under this section until the SPECIAL PERMIT has been recorded in the Registry of Deeds by the applicant and evidence of such recording has been submitted to the BUILDING COMMISSIONER 17.4.10. Separate conveyance. The ownership of each two-family or MULTI-FAMILY dwelling unit may be conveyed or otherwise transferred separately from the other unit. The LOT on which the units are located shall be held in common ownership. Documents describing the proposed form of ownership and maintenance agreements shall be submitted to the Zoning BOARD OF APPEALS for its review and approval with the application. 17.4.11. Provision for Affordable Housing. 17.4.11.1. A SPECIAL PERMIT to convert a single-family dwelling to a MULTI-FAMILY dwelling shall require the inclusion of dwelling units affordable to low- or moderate-income households. 17.4.11.2. At least one unit in a single-family dwelling converted to a MULTI-FAMILY FAMILY dwelling shall be restricted for occupancy by a low- or moderate-income household. 17.4.11.3. As a condition of the SPECIAL PERMIT, the BOARD OF APPEALS shall require the applicant to prepare a ""Local Initiative Program Units Only"" Application for the Board of SE development and contribute to the MIXED-USE character of the district as a whole. To qualify for a MULTI-FAMILY housing SPECIAL PERMIT, the applicant must integrate dwelling units with a proposed commercial development. Integration may be achieved by one or both of the following methods: 9.10.1.1. Locating units above the ground floor of a commercial building, i.e., an accessory dwelling in a structure occupied principally for commercial uses. 9.10.1.2. Constructing ""free-standing"" or separate MULTI-FAMILY buildings on the same lot, provided they are located behind a commercial development that is oriented toward Route 110 and are connected to the commercial development by pedestrian walkways, appropriate landscaping, lighting and other elements of the site plan. 9.10.1.3. The Town strongly prefers that some of units be located above the ground floor of one or more commercial buildings in a development, and the Planning Board may require the same as a condition of SPECIAL PERMIT approval. 9.10.2. The following density and dimensional rules shall apply to MULTI-FAMILY housing: 9.10.2.1. No more than 60% of the GROSS FLOOR AREA of a proposed MIXED-USE development shall be used for MULTI-FAMILY dwelling units. 9.10.2.2. Multi-Family dwellings shall not exceed six units or twelve bedrooms per acre. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held 4/30/07. 9.10.2.3. A building designed exclusively for MULTI-FAMILY use shall contain no more than six units, and shall not exceed a building height of 35 feet and two and one half stories. 9.10.2.4. Buildings designed exclusively for MULTI-FAMILY housing shall avoid monotonous, look-alike designs and promote high standards of exterior quality and appearance. 9.10.3. Parking. Applicants shall provide 1.5 parking spaces per one-bedroom unit and 2 parking spaces per two- or three-bedroom unit. At least one space per unit shall be located so as to provide convenient access to its assigned dwelling unit. Parking garages will be permitted as a parking space if located and designed so as to complement the building design and site layout. 9.10.4. Setbacks. All buildings must be located at least 50 feet from any side or rear LOT ng out its duties as a SPECIAL PERMIT granting authority, there shall be one associate member of the Planning Board appointed by the Board of Selectmen under authority of G.L. c. 40A, Section 9. The associate member shall sit on the Planning Board for the purposes of acting at SPECIAL PERMIT application hearings in case of absence, inability to act or conflict of interest on the part of any member of the Planning Board or in the event of a vacancy on the Board. 26.3. Special Permit Criteria. 26.3.1. A SPECIAL PERMIT may be granted when the SPGA has found that the proposed use will not be unreasonably detrimental to the established or future character of the neighborhood and Town and that such exception is in harmony with the general purpose and intent of this by-law. In making the foregoing findings, the SPGA shall give due consideration to the specific standards described in other parts of this Bylaw and to the following criteria: 26.3.1.1. The degree to which the proposed use furthers the intent or objectives of the Merrimac Master Plan. 26.3.1.2. The adequacy and accessibility of public highways and municipal utilities. 26.3.1.3. The sufficiency and suitability of off-street parking and loading facilities and SCREENING and landscaping to be provided in connection with the proposed use. 26.3.1.4. The effect on the neighborhood which can be anticipated from the conditions created by the proposed use and operation of the premises. 26.4. Other Requirements. 26.4.1. Any grant of a SPECIAL PERMIT hereunder may be subject to such conditions or safeguards, including limitations of time and use, as the SPGA shall deem to be reasonably necessary. 26.4.2. SPECIAL PERMITS shall be issued only following public hearings held within 65 days after fil trict is intended to provide a mix of housing types at a density and scale appropriate for the historic character of the district. To qualify for a MULTI-FAMILY housing SPECIAL PERMIT, the applicant must include housing affordable to low- or moderate-income households as defined in this Bylaw, according to the following schedule: 4.13.1.1. In a multi-family housing development subject to this Bylaw, the seventh housing unit and every third unit thereafter shall be a LOW- AND MODERATE-INCOME housing unit; except that beginning with the 22nd unit, that 22nd unit and every fourth unit thereafter shall be a LOW- AND MODERATE-INCOME housing unit. Nothing in this section shall preclude a developer from providing more low- or moderate-income housing units than the minimum required by this Bylaw. 4.13.1.2. All low- and moderate-income affordable units shall be subject to a use restriction pursuant to G.L. c.184, Sections 31-32. 4.13.1.3. The Planning Board may allow a developer of non-rental MULTIFAMILY housing units to make a cash payment to the Town through its Affordable Housing Trust Fund for each affordable low- or moderate-income unit. The cash payment shall be equal to the difference between the fair market value for a typical market-rate housing unit in the proposed development, as determined by the Board, and the price of a housing unit affordable to a low- or moderate-income household. 4.13.2. The Building Inspector may not issue an occupancy permit to the applicant without prior receipt of evidence that the use restriction or regulatory agreement has been recorded at the Registry of Deeds and that the low- and moderate-income units have been approved for listing on the Chapter 40B SUBSIDIZED HOUSING INVENTORY by the Department of Housing and Community Development. 4.13.3. The following density and dimensional rules shall apply to MULTI-FAMILY housing in the Village Residential District: 4.13.3.1. Multi-family dwellings shall not exceed eight units per acre unless the applicant proposes and the Planning Board approves a hi ily dwelling or MULTIFAMILY building per LOT. 17.4.2.4. At least one MULTI-FAMILY unit on a LOT shall be restricted for occupancy by a low- and moderate-income household and meet the requirements of the Local Initiative Program (LIP), 760 CMR 45.00, for inclusion on the Chapter 40B SUBSIDIZED HOUSING INVENTORY, as set forth in ""Provision for Affordable Housing"" in Section 17.4.11 of this Bylaw. 17.4.2.5. Use limitations. There shall be no other living units on the LOT upon which the two-family or MULTI-FAMILY dwelling is located. 17.4.2.6. Disposal of sewage. Adequate provision shall be made for the disposal of sewage, waste and drainage generated by the occupancy of such accessory unit in accordance with the requirements of the Board of Health. Connection to the to the municipal sewer system is required for property located in a designated sewer service area unless such connection imposes an undue economic hardship on the applicant, as determined by the Sewer Commission.. Such determination shall be made prior to the application for a SPECIAL PERMIT, and evidence of same shall be included with such application. 17.4.3. Stormwater management. Adequate provision shall be made for the proper management of stormwater runoff from the LOT. Evidence of same shall be included with the above application. 17.4.4. Dimensional requirements. Each LOT on which a single-family dwelling will be converted to a TWO-FAMILY DWELLING or MULTI-FAMILY dwelling shall meet the minimum LOT size for a single-family dwelling in the district in which it is located. 17.4.5. Ingress, egress, access. Adequate provision, as determined by the BUILDING COMMISSIONER, shall be provided for separate ingress from and egress to the outside of each unit.. 17.4.6. Documentation. The BOARD OF APPEALS must determine that each conversion of a single-family to a two-family or MULTI-FAMILY dwelling shall meet the SPECIAL PERMIT standards of Article 26 of this Bylaw. 17.4.7. Area limita Which entity acts as the special permit granting authority for multi-family housing? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] Planning Board, Board Of Appeals" "[INST] Context: (2) Granting Authority. When a five-member Planning Board has been designated as the special permit-granting authority, one associate member may be authorized for a one-year term. The Board of Selectmen shall authorize/appoint the associate member who, upon the designation of the Chairman of the Planning Board, shall sit on the Board for the purposes of acting on a special permit application in the case of absence, inability to act or conflict of interest on the part of any member or in the event of a vacancy on the Board. [Added 4-22-2003 ATM, Art. 8] D. Definitions. (1) General. (a) For the purposes of this bylaw, the following words and phrases shall have the following meanings, except that terms (including without limitation, appurtenant structure, base flood, development, flood, flooding, flood elevation determination, flood-prone area, flood-proofing mean sea level, mobile home, new construction, regulatory floodway, sand dunes, structure, substantial improvement and water surface elevation) used in Section 97-4E of this By-Law, including all sections thereof inclusive shall be as set forth in Section 1909.1, Subchapter B of Chapter X of Title 24 of the Code of Federal Regulations, a copy of which Section 1909.1 shall be kept on file with the Town Clerk, the Planning Board and the Building Inspector. (2) Written Definitions. ACCESSORY APARTMENT : one dwelling unit associated with a single-family dwelling which is subordinate to the principal unit. ACCESSORY STRUCTURE : A structure which houses or is being used for something other than an allowed principal use. ADULT ARCADE : an establishment or portion thereof where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five (5) or fewer persons each, are used to show films, motion pictures, video cassettes, computer displays, slides, or other photographic reproductions which are characterized by the depiction or description of ""Specified Sexual Activiti ed evidence of such written notice to the Selectmen, Planning Board, or Zoning Board of Appeals, as appropriate, a copy of which petition or application shall forthwith be given to the Town Clerk by the applicant. Any special permit granted under this By-Law shall lapse 2 years from the date of the granting of such permit (including time required to pursue or await the determination of an appeal from the grant thereof) if a substantial use thereof has not sooner commenced, or, in the case of a permit for construction, if such construction has not begun by such date, unless such failure is for good cause. Uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, may be permitted upon the issuance of a special permit by the Selectmen providing the Selectmen find that the proposed accessory use does not substantially derogate from the public good. Petitions or applications for special permits under the By-Law shall be submitted to and reviewed by the following (such reviews may be held either jointly or severally): the Board of Health, the Planning Board, the Conservation Commission and any other Board or Commission of the Town to which petition or application to be submitted for review. Any such Board or Commission to which petitions or applications are referred for review shall make such recommendations as they deem appropriate and shall send copies thereof to the Selectmen, Planning Board, or zoning Board of Appeals, as applicable, and to the applicant; provided, however, that failure of any such Board or Commission to make recommendations within 35 days of receipt by such Board or Commission of the petition or application shall be deemed lack of opposition thereto. (2) Granting Authority. When a five-member Planning Board has been designated as the special permit-granting authority, one associate member may be authorized for a one-year term. The Board of Selectmen The Planning Board shall act as the Special Permit Granting Authority for OSRD applications. The Planning Board may adopt, and from time to time amend, Rules and Regulations consistent with the provisions of this By-Law and G.L.c.40A and other provisions of the General Laws, and shall file a copy of said Rules and Regulations with the Town Clerk. (4)Applicability. (a) Any subdivision of land or development that will create more than four lots or units shall submit an application for OSRD to the Planning Board. The applicant shall have the option of development under the subdivision process as found in Chapter 117, Planning Board's Rules and Regulations for the Subdivision of Land, or under the OSRD. (b) Contiguous Parcels. To be eligible for consideration as an OSRD, the tract shall consist of a parcel or set of contiguous parcels. (c)Land Division. To be eligible for consideration as an OSRD, the tract may be a subdivision, provided, however, that an OSRD may also be permitted where intended as a condominium on land not so divided or subdivided. (5) Special permit required. The Planning Board may authorize an OSRD pursuant to the grant of a special permit. Such special permits shall be acted upon in accordance with the following provisions. (6) Segmentation. It is the intent of this By-Law to prohibit the subdivision or phasing of development which is planned in order to avoid the application of this section. It shall be presumed that the land held in common ownership at the time of enactment of this By-Law should be included for the purposes of calculating the number of lots. It shall also be presumed that phased development of land held in common ownership shall be considered in its totality rather than as separate projects. These presumptions are rebuttable only upon credible evidence to the contrary. Where division of land appears to be phased, a covenant may be placed upon the remaining land requiring compliance with this By-Law. (7) Application Procedure and Requirements. Applicants shall submit applications for an OSRD special permit in accordance with the Rules and Regulations Governing Open Spa Subsection A above and upon which one single one family residence and such structures normally accessory to such single one family residence exist as of the date of the enactment of Subsection B shall nevertheless be deemed to comply with the provisions of the Zoning By-Laws so long as such single one family residence remains on such lot. E. Residential Limited Business. (1) Allowed Uses: (a) Limited business; (b) Single and two family residences; (c) Agricultural use; (d) Customary home occupation as provided for in section 97-10C; (e) Church or other religious purpose; (f) Educational purpose which is non-profit or public; (g) Uses customarily accessory to allowed uses. (2) Prohibited Uses: (a) Any use not herein expressly allowed shall be prohibited. (3) Uses By Special Permit: (a) In appropriate cases and subject to appropriate conditions, safeguards and limitations on time or use, the Selectmen may grant an applicant a special permit to make use of the land or erect and maintain buildings or other structures thereon in accordance with the provisions of Chapter 40A of General Laws, if such use, buildings or other structures are in harmony with the general purpose and intent of this By-Law and with the provisions stipulated in § 97-10.C(1) (c) (d) & (e) for the purpose of municipal uses; A library; a nursing or rest home; a hospital; a private club; or a doctor's, lawyer's, or similar professional office; provided the Selectmen find, after a Public Hearing of which due notice is given to any party in interest as defined in Section 11, of Chapter 40A of the General Laws, that the proposed use, building or structure is for the best interest of the Town, is not injurious or obnoxious to the neighboring properties, will satisfy a community need or convenience not otherwise being served, will not affect abutting and nearby properties by increasing traffic and on-street parking, and that nothing connected with the use, buildings or structure, such as machinery, vehicles, material, supplies, equipment and waste materials shall be stored between the stre ARTICLE XI ADMINISTRATION § 97-11. Administration. A. Enforcement. (1) Authority to enforce. This By-Law shall be enforced by the Selectmen or a Building Inspector appointed by them. No building shall be built or altered and the use of a building shall not be changed without a permit having been issued by the Selectmen or the Building Inspector. Any person violating any of the provisions of the By-Law may be fined not more than $100.00 dollars for each offense. Each day that such violation continues shall constitute a separate offense. B. Zoning Board of Appeals. (1) Establishment. There is hereby established a Zoning Board of Appeals of 3 members and 2 associate members to be appointed by the Selectmen, such 3 members to be appointed for terms of such length and so arranged so that the term of 1 member shall expire in each year. Such Board shall act on all matters within its jurisdiction under this By-Law and under Chapter 40A of the General Laws in the manner prescribed in said Chapter 40A. Said Zoning Board of Appeals shall not be authorized to appoint a Zoning Administration under the provisions of Section 13 of said Chapter 40A or under the provisions of any other applicable law. C. Special Permit Procedures Public Hearing. [Amended 4-24-2001 ATM, Art. 27] (1) Procedures. Any special permit which shall hereafter be issued under this By-Law, whether by the Selectmen, by the Planning Board, or by the Zoning Board of Appeals, shall be issued only following a public hearing held within 65 days after the filing of a petition or application with said Selectmen, Planning Board, or Zoning Board of Appeals, as appropriate, and provided that said applicant and/or petitioner has furnished written notice by U.S. Mail, certified or registered, not less than 21 days prior to said public hearing to all adjoining owners-abutters and furnished evidence of such written notice to the Selectmen, Planning Board, or Zoning Board of Appeals, as appropriate, a copy of which petition or application shall forthwith be given to the Town Clerk by the applica Which entity acts as the special permit granting authority for multi-family housing? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] Planning Board" "[INST] Context: Board shall be the Special Permit Granting Authority (SPGA) for all Special Permits under this by-law. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held on 5/10/04. 19.3.2 Multiple Units. This bylaw shall apply to the construction of six (6) or more multi-family dwelling units, whether on one or more contiguous parcels, in existence as of October 8, 2003 and shall require a Special Permit. 19.4 MANDATORY PROVISION OF AFFORDABLE UNITS The Planning Board shall, as a condition of approval of any division of land or construction of multiple units referred to in Section 19.3, above, require that the applicant for approval of a Special Permit comply with the obligation to provide affordable housing pursuant to this bylaw and more fully described in Section 19.5, below. 19.5 PROVISION OF AFFORDABLE UNITS The Planning Board shall deny any application for a Special Permit for division of land or construction of multiple units under this by-law if the applicant does not comply, at a minimum with the following requirements for affordable units. 19.5.1 At least ten (10) percent of the lots in a division of land or units in a multiple unit development subject to this by-law shall be established as affordable housing units in any one or combination of methods provided for below. Fractions of a lot or dwelling unit shall be rounded up to the nearest whole number such that a development proposing six (6) dwelling units shall require one affordable unit, a development proposing eleven (11) dwelling units shall require two affordable units and so on: 19.5.1.1 The affordable units shall be constructed or rehabilitated on the subject property; I 19.5.1.2 the affordable units shall be constructed or rehabilitated on a property different than the property subject to the Special Permit; 19.5.1.3 the applicant shall make an equivalent fees-in-lieu-of payment (see Section 19.10); 19.5.1.4 the applicant may offer, and the Planning Board after consultation with the Board of Selectmen may accept, donations of land in fee simple, on or offsite, that the Planning Board determines are suitab t Granting Authority, public hearing and time limits shall follow that specified in Sec. 10.9. In all other cases, the Planning Board shall be the Special Permit Granting Authority. 10.8 APPEALS FROM DECISIONS OF THE BUILDING INSPECTOR 10.8.1 The Board of Appeals may hear and decide appeals taken by any officer or Board of the Town of Norton or by any person aggrieved by not being able to obtain a permit from any administrative official in violation of General Laws, Chapter 40A. 10.8.2 An appeal shall be taken within thirty (30) days from the date of the order or decision which is being appealed. The petitioner shall file a notice of appeal specifying the grounds thereof with the Town Clerk; and a copy of said notice, including the date and time of filing certified by the Town Clerk, shall be filed forthwith by the petitioner with the Building Inspector specifying in the notice the grounds for such appeal. The Building Inspector shall forthwith transmit to the Board of Appeals all documents and papers constituting the record of the case in which the appeal is taken 10.8.3 Notification, hearing and decision shall be made in accordance with Sec. 10.6 10.9 The Planning Board shall be the Special Permit Granting Authority. Applications for 10.10 PURPOSE, CONDITIONS, BOND Variance Permits and Special Permits are not granted as a matter of right but are privileges which may be granted as appropriate in specific circumstances which are in keeping with the intent of the Zoning By-law and subject to general or specific rules contained herein. As a condition of granting a Permit or Special Permit, the granting authority shall find that the petitioned for exception is socially and economically desirable, and that it would satisfy an existing need, that the advantages of the proposal outweigh by far any detrimental effects, and that such effects on the neighborhood and environment shall not be significantly greater than could be expected from development if the Permit or Specia ARTICLE X - BOARD OF APPEALS, PERMIT GRANTING AUTHORITY, SPECIAL PERMIT GRANTING AUTHORITY 10.1 BOARD OF APPEALS MEMBERSHIP The Board of Appeals shall consist of three members and two associate members who shall be appointed by the Selectmen in accordance with General Laws, Chapter 40A, for staggered three-year terms. The Board of Appeals shall elect annually a Chairman and shall adopt Rules and Regulations which shall be filed in the office of the Town Clerk and shall be a public record. 10.2 BOARD OF APPEALS RULES AND REGULATIONS The Rules and Regulations shall prescribe the procedures and rules for the conduct of Board of Appeals business and shall conform to the provisions of General Laws, Chapter 40A, as amended. 10.3 VARIANCE REQUIREMENTS The Board of Appeals shall have the authority to grant upon appeal or upon petition, where a use not requiring a permit is sought, with respect to a particular parcel of land or existing building a variance from the requirements of this By-law where, owning a special condition affecting specifically such parcel or building, but not generally the zoning district in which it is located, a literal enforcement of the By-law would involve substantial hardship, financial or otherwise, to the appellant, and where desirable relief may be granted without substantially derogating from the intent and purpose of the By-law, but not otherwise. Permits may be granted for variances including those for side yard, set back and frontage dimensions as well as lot size. Petitions for a variance must be filed with the Town Clerk who will transmit them to the Zoning Board of Appeals 10.4 USE VARIANCES There shall be no use variances. Anyone that should desire a change in use designation must apply for a zoning change. 10.5 LIMITATIONS The Board of Appeals may impose limitations of time and use and condition continued use upon compliance with regulations to be made and amended from time to time thereafter. 10.6 VARIANCE NOTIFICATION, HEARING 9-Special Permits. 15.8.1 Approval The Planning Board shall approve an application based on its review of the projected development impacts and the proposed methods of mitigating such impacts upon a finding that the proposed development is in conformance with this By-law. The Planning Board may impose conditions on a site plan, which although in proper form, depicts a use or structure that fails to comply with the objectives required by this By-law and when, in the opinion of the Planning Board, such conditions will render the site plan in compliance with the objectives of this By-law. Such conditions may include, among other matters and subjects, the following: - Controls on the location and type of access to the site. - Requirements for off-site improvements to improve the capacity and safety of roads, intersections, pedestrian ways, water, sewer, drainage, and other public facilities which are likely to be affected by the proposed development. - Requirements for securing the performance of all proposed work, including proposed off-site improvements, by deposit with the Town's Treasurer of a performance bond, negotiable security, cash, or bank passbook in an amount determined by the Planning Board to be sufficient to cover the cost of all or any part of the improvements required as conditions of approval; - Conditions to minimize off-site impacts on traffic and environmental quality during construction. - Requirements for screening parking facilities from adjoining premises or from the street by walls, fences, plantings, or other devices to mitigate adverse impacts. - Conditions to mitigate adverse impacts to the neighborhood and abutters, including but not limited to adverse impacts cause by noise, dust fumes, odors, lighting, headlight glare, hours of operation. Development work shall conform fully to the approved Site Plan, associated conditions, limitations and safeguards. Any proposed changes to the approve Site Plan must be submitted for review by the Planning Board before such change is mad ll be provided coincident to the development of market-rate units, but in no event shall the development of affordable units be delayed beyond the schedule noted below: Market-rate Units % Affordable Housing Units % None required up to 30% at least 10% 30% plus 1 unit at least 30% up to 50% at least 50% up to 75% at least 70% 75% plus 1 unit 100% up to 90% Fraction of units shall not be counted. 19.7 LOCAL PREFERENCE The SPGA shall require the applicant to comply with local preference requirements, if any, as established by the Board of Selectmen. 19.8 MARKETING PLAN FOR AFFORDABLE HOUSING UNITS Applicants under this bylaw shall submit a marketing plan or other method approved by the SPGA which describes how the units will be marketed to potential home buyers or tenants. This plan shall include a description of the lottery or other process to be used for selecting buyers or tenants. The plan shall be in conformance with DHCD rules and regulations. f 19.9 PROVISION OF AFFORDABLE HOUSING UNITS OFF-SITE Subject to the approval of the SPGA, an applicant subject to this by-law may develop, construct or otherwise provide affordable housing units equivalent to those required by Section 19.5 off-site. All requirements of this bylaw that apply to on-site provision of affordable units, shall apply to provision of off-site affordable units. In addition, the location of the off-site units to be provided shall be approved by the SPGA as an integral element of the Special Permit review and approval process. 19.10 PROVISION OF FEES-IN-LIEU OF AFFORDABLE HOUSING UNITS As an alternative to the requirements of Section 19.5, and as allowed by law, an applicant may contribute a fee or land to a Norton Housing Trust Fund, established for the purpose of this by-law, to be used for the development of affordable housing in lieu of constructing affordable housing on-site or providing affordable units off-site. 19.10.1 Calculations of fees-in-lieu of units. The applicant for development subject to this by-law may pay fees in lieu of the construction or provision of affordable units. For the purpose of this by-law, the fee in lieu of the Which entity acts as the special permit granting authority for multi-family housing? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] Planning Board" "[INST] Context: permit granting authority under the same terms and conditions as specified in 4.4.9(b)(2) of this ordinance. (Ord. of 8-25-88, § 4) (3) Each unit must have a minimum lot size of not less than ten thousand (10,000) square feet in addition to common areas and roads except in the case of bonus densities granted under 4.4.9(c)(2) in which case minimum lot size will be not less than eight thousand (8,000) square feet in addition to common area and roads. (Ord. of 8-25-88, § 5) (4) Single-story houses shall not be entirely rectangular, but present a street facade varied by setbacks, porches, breezeways, garages, etc. (5) Roofs shall be pitched and shingled in a manner compatible with one family dwellings. (6) The narrow end of a rectangular house may not face the street unless a garage and/or breezeway creates a larger facade. (d) Procedures. (1) Pre-application Conference: A developer desiring to obtain a special permit to construct a planned residential development shall request a pre-application conference with the planning board prior to submitting an application for the special permit. At the pre-application conference, the planning board shall familiarize the developer with the process for obtaining a special permit for a PRD and explain to him issues that shall be considered in planning the project. (2) Submission of Definitive Plan: a. The applicant shall submit to the special permit granting authority an application for a special permit hereunder accompanied by the original of the definitive plan. Seventeen (17) copies of the application and definitive plan shall also be filed in the city clerk's office. A fee of one hundred dollars ($100.00) by bank or certified check payable to the City of Peabody shall accompany the submission of the application and plan. In addition, the applicant shall pay the cost of advertisement and notification of all ""parties in interest"" as defined in G.L., c. 40A, §11. b. The city clerk shall transmit a copy of the definitive plan to the planning board, conservation commission, requirements. (1) Multistory developments can include multiple-family dwellings, multistory single family cluster developments, or public housing. (2) The site shall have not more than eight (8) dwelling units/acre. A bonus density of not more than two (2) dwelling units/acre for a total maximum often (10) dwelling units/acre may be granted as a condition of the special permit provided that a minimum of ten (10) percent of the dwelling units provided at the site are assured to be sold or leased on terms affordable to individuals or households with incomes not exceeding those defined as ""moderate income"" by the Massachusetts Executive Office of Communities and Development or comparable governmental agency acceptable to the special permit granting authority. The assurances, referred to in the previous sentence shall be in the form of a covenant or other means acceptable to the special permit granting authority and shall be in full force and effect for a period of not less than ten (10) years from the date of the first sale, lease or transfer of said units. (Ord. of 8-25-88, § 3) (3) The facade of multistoried buildings shall be broken up by architectural detailing such as window protrusions, balconies, overhangs. (4) Buildings shall be sited to allow maximum amount of light to reach individual units. (c) Single-story/single-family development requirements. (1) Single-story developments may include detached site built houses, detached one unit modular homes assembled on site, or one story single-family cluster developments. All must have foundations and be permanently affixed. (2) The site shall have not more than a maximum of four (4) single-story detached dwelling units/acre. A bonus density of not more than one (1) unit per acre for a total maximum of five (5) dwelling units/acre may be granted by the special permit granting authority under the same terms and conditions as specified in 4.4.9(b)(2) of this ordinance. (Ord. of 8-25-88, § 4) (3) Each unit must have a minimum lot size of not less than ten thousand requirements set forth in this ordinance for lots set forth on a plan where one (1) or more of the lots as shown fail to meet said frontage requirements, and where the applicant intends subsequently to submit said plan to the planning board for an endorsement indicating that approval of said plan under the subdivision control law is not required, Massachusetts General Laws, Chapter 41, Sections 81L, 81P, shall proceed as follows: (a) The applicant shall simultaneously with his application for a variance submit the plan to the planning board for their review and recommendation pertaining to varying the frontage requirements prescribed by this ordinance. (b) The planning board within twenty-one (21) days of presentation may issue a recommendation in writing to the board of appeals. (c) Failure of the planning board to issue a written recommendation within the twenty-one-day period shall be deemed a waiver of the requirements of this section. (d) In the absence of said recommendation, the applicant shall certify in writing under the pains and penalties of perjury that the planning board has failed to issue such a recommendation within the time period set forth in this section. The recommendation of the planning board shall not be binding upon the board of appeals, but said recommendation shall be part of the public record of the hearing. (Ord. of 9-25-8G, § 1) 7.7 CITY COUNCIL 7.7.1 Powers and duties. The city council shall have all the power and perform all of the duties conferred or imposed upon it under Massachusetts General Laws, Chapter 40A, as a special permit granting authority and assigned to it by the provisions of this ordinance as follows: Special permits: To hear and decide an application for a special permit as provided in this ordinance, only for uses in specified districts which are in harmony with the general purposes and intent of this ordinance and which shall be subject to any general or specific rules prescribed herein and to any appropriate conditio ng for one family in a connected row of three (3) or more dwellings, where one family is not living over another. MUNICIPAL PROPERTIES REUSE DEVELOPMENT (MPRD) : A municipal properties reuse development shall mean the development of municipal properties no longer serving a municipal purpose, as a single entity, in which a mixture of residential, open space, commercial, and light industrial uses, and a variety of building types and designs, are determined to be sufficiently advantageous to render it appropriate to grant a special permit to the extent authorized by this zoning ordinance. (Ord. of 9-16-82, § 1) NATURAL WOODLANDS : A grouping of mature indigenous trees with a minimum density of twenty (20) trees of six (G) inches' diameter or greater per ten thousand (10,000) square feet throughout (Ord. of 5-9-97, § 1) NEIGHBORHOOD BUFFER : A landscaped area sufficient in depth and screening to visually separate one land use from one another. (Ord. of 5-9-97, § 1) NURSING HOME : Any place or institution for the aged, infirm, chronic or convalescent whether conducted for charity or for profit which is established to render domiciliary care, custody, treatment or lodging for three (3) or more unrelated persons who require or receive assistance in ordinary daily activities of life or who are confined to bed or chair. (This term includes boarding and rooming houses for aged people, convalescent homes, rest homes, homes for the aged or infirm and convalescent homes for children, but does not include hospitals, clinics and similar institutions devoted primarily to the diagnosis and treatment of disease, injury, maternity cases or mental illness.) ONE-FAMILY DWELLING : A detached dwelling designed for and occupied by a family excluding mobile homes. (Ord. of 5-10-84, § 4) ORNAMENTAL TREE : A small to medium size deciduous tree, noted for its form, leaf color, texture, flowers, or fruit, used to provide vegetative screening along a driveway, beside a building, or within a landscaped buffer. (Ord. of 5-9-97, § 1) OVERLAY ZONE pplication by the planning board, and they shall make a recommendation as they deem appropriate to the city council; provided, however, that if the planning board fails to make recommendations within twenty-one (21) days after their public hearing, the city council shall take their action on the application without benefit of planning board recommendation. Each application shall be filed with the special permit granting authority designated in paragraph #1 of this section and copies thereof, together with copies of the site plan, shall be transmitted forthwith by petitioner to the city clerk, city council, planning board, conservation commission, community development authority, board of health and department of public services. The special permit granting authority shall hold a public hearing within sixty-five (65) days of the filing date and shall render a decision within ninety (90) days from the date of the public hearing. Notice of the public hearing shall be in accordance with the requirements of Massachusetts General Law of Chapter 40A, section 11. The city council, planning board, conservation commission, community development authority, board of health, department of public services and other interested officials or departments of the city may, in their discretion, investigate the proposed special permit use and site plan and report in writing recommendations to the special permit granting authority, provided, however, that if such reports and recommendations are not received at the time of public hearing, the special permit granting authority may act without the submission of such reports and recommendations. Failure to take action within the said ninety (90) day period shall be deemed to be a grant of the special permit applied for subject to the requirement of Massachusetts General Laws Chapter 40A, section 9. (Ord. of 5-10-84, § 35; Ord. of 11-21-9G, § 7) 7.8 SEPARABILITY The invalidity of any section or provision of this ordinance shall not invalidate any other section or provision t Which entity acts as the special permit granting authority for multi-family housing? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] City Council" "[INST] Context: r, 1990) (Amended A.T.M. June 7, 1999) (Amended A.T.M. June 6, 2005) 1.4 Board of Appeals There is hereby established a Board of Appeals of five members and three associate members to be appointed by the Selectmen, as provided in Chapter 40A of the General Laws, which shall act on all matters within its jurisdiction under this By-Law in the manner prescribed in Chapter 40A of the General Laws. The Board of Appeals shall have the following powers: 1.4.1 Appeals The Board of Appeals shall hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of Chapter 40A of the General Laws, by the regional planning agency or by any person including an officer or board of the Town, or of an abutting city or town aggrieved by an order or decision of the Building Inspector or other administrative official in violation of any provision of said Chapter 40A of this By-Law. The Board of Appeals established under this section shall be the permit granting authority provided under the provisions of MGL Chapter 40A with authority to hear and decide applications for permit requiring the waiver of strict compliance or the combination or replatting of lots as provided in Sections 2.5.4. and 2.5.5. of this By-Law. Such exceptions to the requirements of this By-Law may be granted provided the Board of Appeals finds that such a grant: 1. Would not in any substantial sense be detrimental to the immediate neighborhood; and 2. Would not in any substantial sense depreciate property values in the same neighborhood. 1.4.2 Special Permits Except as may be provided otherwise in this By-Law, the Board of Appeals established under this section shall be the special permit granting authority under this by-law and shall hear and decide applications for special permits subject to the special and general conditions of this by-law. No special permit may be issued except following a public hearing held within s ng. 2. The notice of the public hearing shall also be given, at the applicant's expense, by mail, postage prepaid, to ""parties in interest"" as defined in said Section 11 of Chapter 40A. ""Parties in interest"" shall mean the applicant, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred (300) feet of the property line of the applicant, as they appear on the most recent applicable tax list, the planning board of the Town, and the planning board of every abutting city or town. The Town's Board of Assessors shall certify to the special permit granting authority the names and addresses of the parties in interest, and such certification shall be conclusive for all purposes. 3. The notice shall contain, at a minimum, the name and address of the applicant, a description of the area or premises, street address, if any, or other adequate identification of the location of the area or premises which is the subject of the petition, the date, time, and place of the public hearing, the subject matter of the hearing, the nature of the action or relief requested, and the place where the records of the filing may be viewed. 4. The SPGA shall forward two (2) copies of the site plan and/or supporting materials to the Planning Board, and to other Boards as deemed appropriate by the SPGA, for review and comment. The Boards shall review and make such recommendation as they deem appropriate, and shall send a copy thereof to the SPGA. Failure of the Boards to make such recommendations with thirty-five (35) days of receipt of material from the SPGA shall be deemed lack of opposition thereto. The SPGA shall take into consideration the recommendation of the Boards in acting upon the application for a special permit. 5. Failure by the special permit granting authority to tale final action on an application within ninety (90) days of the date of the public hearing o be allowed for the transfer of the unit to another eligible occupant. C. Density Incentives (1) Basic Senior Village Bonus. A Senior Village's base density is defined as four housing units per gross site acre except where noted above. To qualify as a Senior Village, a proposal shall, at a minimum: (a) set aside five percent (5%) of the total number of dwelling units provided on the site as affordable housing as defined in this Section; and (b) provide a minimum of thirty percent (30%) of the lot area as permanent, protected open space conforming to the open space standards as set forth in this Section. The minimum 30% open space requirements may be waived by the Board if the proposed Senior Village is within the RD General Residential District and includes the rehabilitation or renovation of a certified, historic or architecturally significant structure for use as senior housing. This enhanced base density for Senior Villages may be further increased according to the provisions below pertaining to: additional affordable housing; additional open space dedication; and rehabilitation of existing buildings. (2) Additional Affordable Housing. In addition to the minimum requirement of five percent (5%) on-site affordable housing, a density increase is permitted where proposals provide on-site housing opportunities for low or moderate income senior households. For the purpose of this Section, affordable housing shall be defined as dwelling units that are sold to, and occupied by, households earning up to 80% of the median area household income, as such median is defined by the United States Department of Housing and Urban Development (HUD). Affordable units shall, by deed restriction, remain affordable in perpetuity. The Planning Board will require that the Developer provide legally enforceable assurances, which are acceptable to the Planning Board, that the-affordable dwelling units will continue to be affordable in perpetuity. Affordable units shall be dispersed throughout the Senior Village and shall be externally indistinguishable from the ma ice, including copies of any plans, of cases where land that has been previously divided within the calendar year, is having additional lots being created within the same calendar year. E. Applicability, Effect and Definitions (a) For the purpose of this section, a calendar year will run from January 1st of a given year to January 1st of a following year. (b) For the purpose of this section, percentage shall be rounded to the nearest whole number. (c) For the purpose of this section, the following terms shall have the following meanings: (1) DEVELOPMENT shall mean a single parcel or set of contiguous parcels of land held in common ownership at any time on or after the date of adoption of this section, for which one or more building permits will be sought. (2) PHASE DEVELOPMENT SCHEDULE shall mean a schedule authorized by the Planning Board in accordance with Subsection F of this section. F. Phase Development Schedule For lots created through the division of land, of five (5) lots or greater, the Building Inspector shall only issue building permits (and other associated permits) for construction of new residential dwellings in accordance with the following phase development schedule: Number of Lots Building Permits issued per year Conventional Subdivision Development 5-19 up to 5 lots 20% of total 20 + Residential Cluster Development 5-19 up to 10 lots 20 + 25% total 2.15 Senior Village Overlay District A. Purpose A Senior Housing Development (SHD), as approved by the Special Permit Granting Authority (Planning Board ), is intended to provide a type of housing which reduces residents' burdens of property maintenance and which reduces demands on municipal services; to promote flexibility in land use planning in order to improve site layouts; to protect natural features and environmental values of land; and to utilize land in harmony with neighboring properties; encourage creative and innovative site planning and design in order to enhance the attractiveness and suitability of smaller homes as a prefer 8. SPECIAL PERMITS The Board is the special permit granting authority for all uses authorized in the Plainville Zoning By-Laws. The Applicant shall submit sufficient information, clearly and factually supported, to justify the issuance of a Special Permit. The Applicant shall: Identify the particular use and extent of activity proposed for the land and buildings, if any; Show that the authorization sought will be desirable and without substantial detriment to the public good; Support a finding that the relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Zoning By-Law. The Board shall determine that the use shall not be noxious, harmful or hazardous and that the use shall be socially and economically desirable and shall meet an existing or potential need. The beneficial effects upon the neighborhood and environment must outweigh the detrimental effects of development which could occur if the Special Permit were denied, and no reasonable alternative to accomplish the Applicant's purpose will be more compatible with the character of the neighborhood. The Board shall grant no Special Permit without consideration of site plans concerning the following if appropriate: 1. The extent of impervious areas, water supply, drainage and the layout and design of disposal facilities. 2. Provisions and conditions designed to prevent or correct conditions detrimental to water resources, health, safety and welfare. 3. Provisions and conditions to prevent pollution of ground and surface waters. The Board may refer applications to the Boards and officials for review and recommendations. An approved site plan, unless expressly waived, shall be a condition to all Special Permits. Such site plan shall be prepared by a Registered Engineer or a Registered Land Surveyor, at a scale of eigh Which entity acts as the special permit granting authority for multi-family housing? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] Board of Appeals" "[INST] Context: ing Board shall evaluate the proposal with regard to the conditions and standards set forth herein and in the Rules of the Board of Appeals and shall submit an advisory report in writing to the Board of Appeals. The Planning Board shall forward, with its report, copies of all recommendations received from other boards, commissions or departments. The Planning Board shall send a copy of its full report and recommendations including copies of those received by it to the applicant. The Board of Appeals shall not render a decision without considering the report of the Planning Board unless thirty (30) days expire without the receipt of such report. E) A public hearing shall be held as prescribed in Section 202.03. F) The Special Permit Granting Authority shall make a decision on the Special Permit within ninety (90) days following a public hearing for which notice has been given, The time limit for public hearings and taking of action by the Special Permit Granting Authority may be extended by written agreement between the petitioner and the Special Permit Granting Authority, with a copy filed with the Town Clerk. With respect to each special permit, the Special Permit Granting Authority shall establish a reasonable period, riot to exceed two (2) years, after which, if substantial use or construction permitted by the permit has not been commenced and is not continued, The special permit shall expire. This time period win begin on the date on which the permit is filed with the Town Clerk. The time period shall automatically be extended by the amount of time required to pursue and await the determination of an appeal. G) The decision of the Special Permit Granting Authority shall be distributed as follows: 1) Copies of its decision together with the detailed reasons therefore shall be filed with the Town Clerk, the Planning Board and the Building Inspector; 2) A certified copy of its decision shall be mailed to the owner and to the applicant if other than the owner; 3) A notice of the decision shall be se ign Conditions and procedures as specified in Section 205. A) Special Permit For a P.U.D. Master Plan Required. All P.U.D.'S over fifty (50) acres in size must be designed and built in phases. No phase may be granted a special permit subject to Environmental Design Conditions until a special permit for a P.U.D. master plan has been granted. No special permit subject to Environmental Design Conditions shall be issued for a phase which does not conform to the original special permit for a P.U.D. master plan unless said original permit is appropriately modified and reissued by the Board of Appeals. A.special permit for a P.U.D. master plan shall not entitle the applicant to any building permits but is a necessary prerequisite to any special permit for any phase of construction. B) Application for Special Permit for a P.U.D. Master Plan Following initial submission to the Building Inspector as specified in Section 201, a plan shall be filed with the Town Clerk and the office of the Board of Appeals with all information required as follows: 1) The entire area of land to be developed including all adjacent land owned by the applicant, and all land under option to purchase agreement by the applicant, and all land owned by the applicant within 1,000 feet of the proposed P.U.D. 2) The topography of the land to be developed at 5' - 0"" contours, vegetative cover, soil types, wetlands and water bodies, roads and ways, the general location, size and shape of structures to be removed and the exact location, size and shape of structures to remain, and generalized planting plans. 3) The general land area, number of buildings or units within building and approximate floor area ratio shall be specified for the total site, for all common land, and for each area devoted to a different type of building or use, as delineated on the plan (see Section 310.03). 4) The general location, size, and intended use of all common open space and common facilities and the firm or organization intended to own and/or maintain same. 5) and other pertinent features of the plan. 3) The Building Inspector or other appropriate agents of the Town may advise the applicant as to the following: +++General suitability of the site and location of the proposed development: +++Suitability of the basic design concept, including land use, circulation, and open space; +++The appropriateness of the intensity of development, overall and in specific sectors; +++Appropriate treatment of the natural features of the site and requirements concerning their protection and advisory review by the Conservation Commission; +++Requirements concerning design and siting of structures and accessories, and advisory review by the Design Review Board; +++Information required for proper application to the Board of Appeals for Special Permit. 4) The Building Inspector shall transmit copies of the schematic plan to the Planning Board and may advise the applicant of a suitable time for submitting the application for special permit to the Board of Appeals. C) Final Submission to Building Inspector Once a special permit has been issued by the Board of Appeals the application for a zoning permit shall be filed again with the Building Inspector accompanied by the definitive plan, if any, approved by the Board of Appeals. In cases where the setbacks of single family houses have been prescribed in the special permit, the Building Inspector shall verify that the zoning permit application for each lot is in conformity with the special permit. 201.04 Expiration of Permits. A) Zoning Permits. If the use or construction described in any zoning permits has not begun within one (1) year of the date of issue, and, in the case of construction, is not continued through to completion as continuously and expeditiously as possible, the permit shall expire and the Building Inspector shall given written notice thereof to the persons affected. Work shall not proceed until a new zoning permit has been issued in conformance with the Zoning Bylaw in effect at the time of reissue. B) Building Permits. If the use or construction authorized by elopment consistent with the availability and adequacy of public facilities necessary to support development and to protect the public health, safety and welfare. The phasing of development, based on public facility conditions, will provide for orderly growth and development to meet projected demands while discouraging sprawl and leapfrog development patterns which create service inefficiencies, increase costs and cause scattered facility demands. Thus, for certain residential uses prescribed by Zoning District in part IV of the Zoning Bylaw, the Planning Board shall not grant a special permit unless the specified Adequate Facility Conditions are satisfied. This section is intended to provide for a detailed review by the Planning Board, aided by other Town boards, or residential uses at densities which will have a significant impact on the health, safety, and general welfare of the Town and its inhabitants due to their location and impact on or need for supporting public facilities. This provision is adopted pursuant to the authority of and purposes specified in the Zoning Act (Chapter 40A, Massachusetts General Laws annotated) which empowers Towns, among other things, to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other requirements; to conserve natural resources; and to encourage the most appropriate use of land throughout the community. B. Special Permit Required for Village Density Development 1. Except for cases specifically exempted below, prior to the issuance of any zoning permit for village density development, the applicant shall be required to obtain a special permit from the Planning Board. This requirement shall apply to developments approved after the effective date of this bylaw other than those exempted by state statute. 2. Inapplicability: This bylaw shall not apply to developments of one or more single-family units at a net density of one unit per sixty thousand (60,000) square feet or less: provided, however, that such de the Planning Board and the Building Inspector; 2) A certified copy of its decision shall be mailed to the owner and to the applicant if other than the owner; 3) A notice of the decision shall be sent to the parties of interest and to persons who requested a notice at the public hearing; In addition: copies of the detailed record of its proceedings indicating the vote of each member and setting forth the reasons for said vote shall be filed at the office of the Town Clerk within 14 days of the said decision and all of the above shall be completed within 90 days after the public hearing date. H) No special permit shall take effect until notice of approval is recorded with the title of the land in question in the Plymouth County Registry of Deeds or the Plymouth Land Registry District and until a certified copy of said recording is transmitted to the Board of Appeals by the Registry. The responsibility and the cost of said recording and transmittal shall be borne by the owner of the land in question. A.petitioner, who seeks approval because of the special permit granting authority's failure to act on an appeal, variance, or special permit, must notify the Town Clerk in writing within fourteen (14) days from the expiration of said time limit for a decision, of such approval and that notice be sent by the petitioner to the parties in interest by mail which shall specify that appeals, if any, shall be made pursuant to section seventeen of M.G.L. Chapter 40A and shall be filed within twenty (20) days after the date of filing the request for approval with the Town Clerk by the petitioner. 205.02 Conditions and Safeguards A) The Board of Appeals shall not grant any Special Permit unless necessary conditions are satisfied, including but not limited to the following: 1) The proposed use is appropriate in the Zone and specific site in question, more particularly to promote the most appropriate use of land throughout the Town in accordance with a comprehensive plan, **Webmasters Note: The prev Which entity acts as the special permit granting authority for multi-family housing? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] Board of Appeals" "[INST] Context: fied within this bylaw which shall only be permitted upon issuance of a special permit. Special permits may be issued only for uses which are in harmony with the general purpose and intent of the bylaw, and shall be subject to the specific provisions established herein. Such permits may also impose conditions, safeguards, and limitations on time or use. B. Granting authority. (1) The Zoning Board of Appeals is designated as the granting authority for special permits as required under Article IV, Schedule of Permitted Uses, Uses Requiring Special Permit (except for Planned Unit Developments), § 415-22E, Land alteration regulations, and § 415-38, Shopping centers. Special permits may be granted upon application to the Zoning Board of Appeals and after consideration of recommendations as appropriate from other Town Boards and Agencies. (2) The Planning Board is designated as the Special Permit Granting Authority for Special Permits as required under Article VII, Planned Unit Developments, and Article IX, Planned Residential Development for Seniors, and as the reviewing authority for action under Article VIII, Site Plan Review. (3) The Special Permit Granting Authority shall adopt and from time to time amend rules relative to the issuance of such permits, and shall file a copy of said rules in the office of the Town Clerk. (4) There shall be one associate member of the Planning Board, who shall be eligible to participate solely in matters in which the Planning Board is acting as the Special Permit Granting Authority, in accordance with MGL c. 40A, § 9. The chairman of the Planning Board may designate the associate member to sit on the Planning Board for the purposes of acting on a special permit application, in the case of absence, inability to act, or conflict of interest, on the part of any member of the Planning Board or in the event of a vacancy on the Planning Board. The associate member shall be appointed for a two-year term by the Board of Selectmen, in accordance with § C-2.02K of the Town Charter and § 139-2E of the Town Bylaws. [Added 5-5-2008 ATM, Art. 68] C. In considering each application for a special permit, the granting authority shall: (1) Conduct a public Hearing held within plication for special permit for the accessory apartment and the owner/applicant shall continue to reside in the main dwelling throughout the duration of the Special Permit. C. Only one accessory apartment shall be permitted per single family house. D. Other than handicapped access, no exterior alteration can change the appearance of the dwelling as a single family home. E. Any additional parking areas shall be accessed by the driveway serving the main dwelling. F. The accessory apartment shall contain a minimum of 400 square feet and a maximum of 650 square feet of dwelling area: The accessory apartment shall be located only within the existing habitable structure, or within an addition to the existing habitable structure, subject to the provisions of Subsection I. [Amended 5-14-2001 ATM, Art. 48] G. All Board of Health and Building Code criteria must be met. H. The occupants of the accessory apartment must be related to the owner/occupant of the main dwelling as either mother, father, stepmother, stepfather, child, stepchild, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild. The owner/occupant shall state the name(s) of the proposed tenants and their relationship on the application for Special Permit. I. Any increase in size of the main dwelling unit shall be limited to 5% of the existing habitable living space of that dwelling and shall meet all zoning requirements. J. The Special Permit shall terminate upon any of the following events: (1) Sale of the premises. (2) Residence by a person not named in the Special Permit, except residence of the new born child, adopted child, or a person caring for the tenant such as a nurse, nurse's aide or other health care worker or caretaker. (3) Residence by a boarder or lodger in either the main house or accessory apartment. (4) The death of a single tenant named as the sole tenant on the application for a Special Permit. K. Upon the termination of the Special Permit, the residence sha s entirety: ""The Planning Board is designated as the Special Permit Granting Authority for Special Permits as required under Section V (H) Planned Unit Developments and Section V (N) Planned Residential Development for Seniors, and as the reviewing authority for action under Section V (I) Site Plan Review."" (3) Section V: Building, Lot and General District Regulations: Add the following, to be designated as Section V (N) ""Planned Residential Developments for Seniors"": N. PLANNED RESIDENTIAL DEVELOPMENT FOR SENIORS Planned Residential Development for Seniors (PRDS) may be allowed in appropriate areas of any approved R-1 Residence, R-2 Residence, R-3 Residence, or R-4 Residence District by Special Permit oily front the Planning Board as the Special Permit Granting Authority (SPCA). and must meet the following development standards: 1. Purpose To provide necessary housing for seniors fifty-five t55) years of age or older in order to retain valuable familial and monetary resources to the Town. 2. Definition and Occupancy Qualification A PRDS is a development maintained and/or operated as a single unit, containing attached or detached buildings intended for housing persons aged fifty-five (55) years or older, within the meaning of M.G.L. Chapter 151 B and 42 U.S.C. 3607, and operated in compliance with the regulations of said statutes and corresponding regulations. Residents of a PRDS shall all be fifty-five years of age or older, provided, however, that the SPGA may grant a waiver from this requirement for a spouse who is less than fifty-five years of age. 3. General Size of PRDS a. Plot and lot sizes and dimensions, and the location and height of buildings, if meeting the standards of this By-Law, may be freely disposed and arranged provided the construction conforms to comprehensive plans approved, pursuant to this By-Law, by the SPGA. In reviewing and approving all plans, the SPGA, in addition to the standards set forth herein, shall utilize the Town standards of subdivision control as well as the opinions of the Town Engineer, the Town Planning Consultant and the To § 415-30. Minimum required upland. [Amended 5-17-1999 ATM, Art. 28] Lots in any District must contain a minimum of 22,000 square feet of land that is not a body of water, an area protected under MGL c. 131, § 40 (the Wetlands Protection Act), including any bank, river, riverfront, wetland, beach, dune, flat, marsh, meadow or swamp. § 415-31. Swimming pool fencing and setbacks. [Added 6-6-1994 ATM, Art. 30; amended 5-12-2003 ATM, Art. 48] All fences required by the Inspector of Buildings to be installed around swimming pools, shall be maintained and repaired in good condition. Any component of an in-ground or above ground swimming pool including but not limited to decks, aprons or overhangs shall set back a minimum of five feet from all property lines. § 415-32. Accessory apartment within single-family dwelling. [Added 6-6-1994 ATM, Art. 26; amended 5-19-1997 ATM, Art. 52; 5-17-1999 ATM, Art. 29] The Zoning Board of Appeals may authorize an accessory apartment within a single family by Special Permit in all residential and business districts provided that the Board finds the following criteria have been met. A. The dwelling must be in existence for a minimum of 24 months, and must not have been substantially altered for 24 months prior to filing the application for a Special Permit. Provided that if there is an existing in-law apartment in a dwelling which was constructed under a Special Permit prior to the adoption of this accessory apartment regulation, the twenty-four-month period shall not apply and the accessory apartment shall be governed by the dimensional requirements of the original Special Permit. [Amended 5-13-2002 ATM, Art. 22] B. The owner/applicant shall have continuously resided in the main dwelling for a least 24 months prior to filing the application for special permit for the accessory apartment and the owner/applicant shall continue to reside in the main dwelling throughout the duration of the Special Permit. C. Only one accessory apartment s nding the decision of the Board, the stop order shall remain in effect and all activity under the permit shall be suspended. (5) A special permit granted under this section shall lapse if a substantial use there of has not commenced, or in the case of a special permit for construction, has not begun, within two years of the date of the permit, notwithstanding the provision of MGL c. 40A, § 9. E. Permits by zoning enforcement officer in certain emergencies. Where an existing and occupied dwelling or structure has been accidentally damaged or destroyed by fire or other cause, the Zoning Enforcement Officer may issue a permit to the affected occupants for their temporary use of a mobile home, or other suitable shelter, on the premises so damaged or destroyed. Such permit shall be issued only to alleviate the immediate hardships caused by the unforeseen emergency, shall not be transferable, and neither the original permit nor any renewals thereof shall extend the use beyond six months from the date of the accidental loss, and shall be on such terms and conditions as the said Officer may prescribe. F. Provisions relating to conversions and/or renovations of existing factories or other industrial building or buildings in the I-1 zoning district. [Added 5-7-2007 ATM, Art. 36] (1) It is the intent and purpose of this section to provide a method to rehabilitate, renovate and/or convert old, decaying, under utilized, abandoned or decrepit factories or other industrial buildings with the I-1 zoning district to multifamily residences, or multifamily residences and uses otherwise allowed in the zoning district by right or by special permit. (2) Conversion, rehabilitation and/or renovation of factories or other industrial building or buildings will be allowed under the Special Permit process pursuant to this section provided that: (a) Exterior design shall be in harmony with neighborhood and general character of the Town; (b) Landscaping will be included in the conversion to enhance conversation; (c) Each dwelling unit's floor area will not be less than 650 square feet; and (d) The other applicable provisions of this section are compiled with. Notwithstanding anything contained in § 415-22F of Which entity acts as the special permit granting authority for multi-family housing? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] Zoning Board of Appeals " "[INST] Context: SECTION 2.0 SPECIAL PERMIT RULES AND REGULATIONS 2.1. General Information 2.1.2 The Planning Board encourages a meeting between the applicant/developer and the Planning Board, prior to submission of the Application for Special Permit. 2.1.3. The purpose of this meeting would be to aid the applicant in completing the application, to discuss the proposal, and to discuss any waivers which may be applicable to the applicant/developer. 2.1.4 Procedure for submission, review, and action of an Application for Special Permit shall be in accordance with M.G.L. Chapter 40A. SECTION 7.0 FINAL ACTION 7.1 The Planning Board's final action shall consist of either: a.)approval of Special Permit as suitable and in compliance with the criteria of these Rules and Regulations. b.) approval of the Special Permit, with any conditions, modifications, and restrictions as the Planning Board may deem necessary. c.) a written rejection, stating the reasons for denial SECTION 8.0 ENFORCEMENT 8.1 The Special Permit will elapse within two years of date of issuance, 8.2 The Planning Board may periodically amend or add rules and regulations relating to ighborhood; (h) the impact of the proposed use on adjacent properties and the neighborhood; and (i) any other criteria specified by other sections of this Bylaw, applicable to the proposed use. 7.8.2.2 The provisions of section 7.8.2.1 shall not apply to special permits issued under sections 4.11.4.3, 6.1.1.2(b), 6.6, 8.6.5, and 8.8.3. 7.8.2.3 The SPGA may impose such conditions on the special permit as it deems necessary to protect the Town, the public, or other properties in the area from detrimental impact. The conditions that may be imposed include, but are not limited to, conditions relating to noise, traffic control, dust control, sanitation, number of occupants, hours of operation, deliveries, water quality testing and monitoring, police details, and performance bonds. 7.8.3 Miscellaneous Provisions 7.8.3.1 The SPGA shall issue special permits in accordance with M.G.L., Ch. 40A, § 9. In deciding whether to issue a special permit, the SPGA shall consider any comments or recommendations submitted by other town departments, boards, or commissions. 7.8.3.2 The SPGA may, after notice and hearing, adopt rules and regulations specifying the content and number of required plans, application procedures, filing and review fees, design and development standards, and other general requirements to be applied with respect to the proposed use. 7.8.3.3 The Board of Selectmen may appoint a resident of the Town to serve as an associate member of the Planning Board for a two-year term. The Chairperson of the Planning Board may appoint the associate member to act on special permit applications, in the case of absence, inability to act, or conflict of interest, on the part of a regular member of the Planning Board, or in the event of a vacancy on the Board. 7.8.3.4 Any special permit granted under the provisions of this Bylaw shall lapse within a period of two years from the grant hereof, if a substantial use thereof has not sooner commenced or, in the case of a permit for construction, if construction has not begun by such date, except for good cause shown, and provided further that such two-year period shall not include the time required to pursue or await the determination of a r of units will qualify as affordable dwelling units. If the documentation appears complete and adequate, the Board of Selectmen shall file an application with the DHCD for approval of the units as Local Initiative Units. Pursuant to the provisions of 780 C.M.R. § 120.1, an occupancy permit may not be issued for any of the dwelling units created by the development until the DHCD notifies the Town in writing that the requisite number of units qualify as Local Initiative Units under 760 C.M.R. § 45.03. 6.3 Conversion of Existing Buildings 6.3.1 A building in existence on May 1, 1981, may be converted into one (1) or more dwelling units than it originally contained, subject to the criteria and conditions specified in this section. The provisions of this section do not apply to building conversions approved under sections 6.2 or 6.7. 6.3.1.1 Minimum Lot Area. 6.3.1.1.1 In addition to the lot area required in Section 6.1.1. there shall be five thousand (5000) square feet for the second dwelling unit contained in a structure. For each additional unit the requirements of 6.2.1.1 shall be met. 6.3.1.2 No existing building shall be divided to contain more than two (2) dwelling units unless the Applicant complies with the requirements of sections 6.2. or 6.7. 6.3.1.3 The Board of Appeals may grant a permit for less that the required lot area for an existing building being converted to more than one (1) dwelling unit or for a multi-family dwelling provided that: 6.3.1.3.1 The Board of Health has approved the sewage disposal system in writing; 6.3.1.3.2 No more than twenty-five percent (25%) of the lot area is covered by structures; 6.3.1.3.3 There is at least one (1) off-street parking space for each bedroom and efficiency apartment contained in the structure; 6.3.1.3.4 There is a provision for screening by fencing or landscaping of outside storage areas; 6.3.1.3.5 The building is served by municipal water. 6.3.1.4 Minimum Floor Area 6.3.1.4.1 The structure to be converted shall contain at least e t the provisions of this section 5.3.2 shall not apply to more than three of such adjoining lots held in common ownership. 5.3.3 Construction or operations under a building or special permit shall conform to any subsequent amendment of the Bylaw, unless the use or construction is commenced within six (6) months after the issuance of the permit and, in cases involving construction, such construction is continued through to completion as continuously and expeditiously as is reasonable. 5.4 Changes to Non-Conforming Single-Family Residential Structures 5.4.1 The Board of Appeals, or a Zoning Administrator appointed by the Board pursuant to M.G.L. 40A, § 13, may approve, without the necessity of a public hearing, the changes to nonconforming single family residential structures described in this section 5.4.1. Specifically, the Board or a Zoning Administrator may approve (1) the alteration, reconstruction, or extension of a nonconforming single-family residential structure, or (2) the alteration, reconstruction, or extension of any existing (or the construction of any new) attached or detached structure that is accessory to such nonconforming single-family residential structure, but only if (a) no part of the proposed alteration, construction, reconstruction, or extension will be located within the minimum set-back area established by section 6.1.3.1 of these by-laws, and (b) the proposed alteration, construction, reconstruction, or extension will not result in, or increase, the structure's nonconformance with the lot-coverage or building-height limitations established, respectively, by sections 6.1.5.2 and 6.5.1 of these by-laws. 5.4.2 Changes to nonconforming single-family residential structures which are not authorized by section 5.4.1 of these by-laws may be approved only by the Board of Appeals pursuant to a public hearing. In deciding whether to approve such changes, the Board will first determine whether the proposed alteration, construction, reconstruction, or extension of a nonconforming single-family residential structure or accessory structure will increase the nonconforming nature of such structure. If the Board determines that there will be no increase in Which entity acts as the special permit granting authority for multi-family housing? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] Planning Board" "[INST] Context: ed districts after holding a public hearing. k. Notwithstanding anything in these zoning regulations to the contrary, sales of individual dwelling units in multifamily dwellings or otherwise, constituting townhouses, row houses or attached houses or the like, may be made without compliance with the residential density regulations appearing in this ordinance, excepting only that a minimum lot area of each dwelling unit shall be one thousand (1,000) feet. (6) Notwithstanding the ""specifically excluded"" list of uses specified in paragraphs (b) and (c) of this section, certain other uses will be allowed by special permit for certain multifamily complexes. Therefore, multifamily (apartment) buildings and developments complying with the following basic minimum requirements may have the hereinafter permissive special permit uses built and occupied as part of the development: a. The hereinafter listed special permit uses may be built and occupied by a special permit issued by the board of appeals as required by section 9-4 hereof. The basic minimum requirement shall not be changed. If any change in the basic requirement is made, the special permit use shall cease forthwith. The basic requirements are: 1. There shall be a minimum of one hundred fifty (150) dwelling units in the building or buildings. 2. The ownership title to all buildings and all land shall be held in a single ownership, either by a corporation or an individual. 3. All multifamily buildings shall be built and so located that no other type of building except a multifamily dwelling shall occupy any part of the land or development. 4. The area occupied by all businesses permitted by the special permit uses shall be within a multifamily dwelling or may be in an ell or wing, providing the ell is more or less attached to the main building. 5. The areas required for such special permit occupancy shall be predetermined so as to prevent locating such businesses in a haphazard manner. It is the intention of this provision to concentrate the business into one (1) general area to create a ""local business area"" with dered by the city council within two (2) years after the date of such unfavorable action, unless the adoption of such proposed ordinance is recommended in the final report of the planning board. Sec. 9-7. Requirements for development permit. Any person acting in such a manner as to come within the definition of residential development use shall under this ordinance be required to apply for a development permit for this use from the planning board. Said permit shall be granted after the parcel under review has met the standards of issuance for residential development contained herein. If said application does not meet the standards for residential development contained herein, it shall be denied. Sec. 9-8. Procedure for development permit application. (a) Preliminary application. Prior to a formal application to the planning board for a development use permit, the developer may submit a preliminary application to the planning department in sufficient detail so that the application can be reviewed with respect to all standards set forth in section 9-9 of this article as to the availability of municipal services and facilities and projected improvements scheduled in the capital improvements program of the city. The planning department shall, within ten (10) days thereafter, present such findings to the developer who may then decide, based upon these findings, to submit an application to the planning board for a development use permit. (b) Application for development permit. Prior to the issuance of any building permit, the developer shall be required to submit an application to the planning board in sufficient detail so that the application can be reviewed with respect to all standards set forth in section 9-9 of this article as to the availability of municipal services and facilities and projected improvements scheduled in the capital improvements program of the city. In the case of single-family residences, a developer will be required to submit an application to the planning board, and approval of clerk that twenty (20) days have elapsed and no appeal has been filed or that if such appeal has been filed it has been dismissed or denied, is recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of tile. The fee for recording or registering shall be paid by the owner or applicant, and the board of appeals shall notify the applicant of his responsibility for filing with the registry of deeds. Sec. 9-4. Special permits. (a) In hearing and deciding applications for special permits, the board of appeals shall decide such questions as are involved in determining whether such special permit should be granted and shall grant special permits with such conditions and safeguards as are appropriate under this ordinance or shall deny special permits when not in harmony with the purpose and intent of this ordinance. The board of appeals shall not have the power to grant any special permit where use of land or structure is specifically excluded from the district. (b) The board of appeals may authorize the issuance of a special permit for a change to another nonconforming use of an existing nonconforming building or use or its alteration or enlargement, provided that the board finds that the use as changed, altered or extended will not depart from the intent of this ordinance and its prior use or degree of use; provided that such building or use is neither increased in volume nor area unreasonably. (c) A special permit shall not be granted by the board of appeals unless and until written application for the special permit is made, stating the grounds on which such permit is requested and public notice and hearing is held in accordance with Chapter 40A and unless said application complies in all other respects with provisions of this zoning ordinance. (d) Violation of such conditions and safeguards as are made a part of the terms under which th ard of health and conservation commission, who may at their discretion investigate the application and report in writing their recommendations to the planning board. The planning board shall not take final action on such plan until it has received a report thereon from the inspector of buildings, city engineer, board of health and conservation commission or until thirty-five (35) days have elapsed after distribution of such application without a submission of a report. The planning board shall hold a public hearing on said application as soon as possible after receiving the above reports, in accordance with Chapter 40A of the Massachusetts General Laws. The planning board shall notify the applicant in writing of its decision on the special permit. The decision shall document the proposed development or use and the grounds for granting or refusing the special permit. The planning board may, as a condition of approval, require that the applicant give effective notice to prospective purchasers, by signs or by recording the special permit at the registry of deeds, of the wetland or flood hazard conditions associated with said premises and the steps undertaken by the petitioner or his successor in title to alleviate the effects of same. (f) Area and yard regulations. The portion of any lot within the wetlands and/or flood hazard districts may be used to meet the lot area, open space and yard requirements for the underlying zoning district in which the lot is situated without application for a special permit. (g) Variances. A variance may be granted from the provisions of this section in accordance with the terms of this zoning ordinance and with the terms of Massachusetts General Laws, Chapter 40A, Section 10, but only upon the following additional terms and conditions: (1) A special permit has been applied for in accordance with this section and has been denied. (2) The board of appeals shall only grant a variance from the provisions of this section upon: a. A showing of good and sufficient cause; b. A deter predetermined so as to prevent locating such businesses in a haphazard manner. It is the intention of this provision to concentrate the business into one (1) general area to create a ""local business area"" within the development area. 6. It is the intention of this subsection (d)(6) to allow certain business uses within the development area to provide services primarily for the tenants of the development. However, this primary use will not prohibit the use for services to the general public. In any event, additional parking and loading spaces conforming to the provisions of sections 7-3 and 7-4 herein, in addition to the regular parking spaces required for multifamily dwellings, shall be provided. 7. There shall be no more than one (1) establishment allowed as a permissive special permit use for each eight hundred (800) dwelling units or fraction thereof in the development as defined under this subsection (d)(6). b. Permissive special permit uses for multifamily complexes complying with the provisions of subsection (6) a above: 1. Delicatessen stores, including specialty food stores, but not including regular grocery stores, cash or carry dairy product stores or variety stores. 2. Drugstores, excluding soda fountains and notions. 3. Book, stationery or gift shops. 4. Florist shops, but excluding greenhouses. 5. Barbershops, not to exceed two (2) chairs. 6. Beauty parlors, not to exceed two (2) operators. 7. Self-service laundry and dry cleaning, provided that not more than one (1) person (employee) is engaged to superintend such services. 8. Professional offices, but excluding clinics. 9. Restaurants which may serve alcoholic beverages consumed on the premises but excluding drive-in snack shops. 10. Auditoriums with a maximum seating of five hundred (500) persons. Portable sound or motion picture equipment may be used, but the room may not be used for showing of motion pictures exclusively. 11. Outdoor swimming pools which do not conform with the requirements of Article VII, Supplementary Regulations, as amended in this ordinance. 12. Banks and savings and loan i Which entity acts as the special permit granting authority for multi-family housing? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] Board of Appeals" "[INST] Context: nce 2000-5 on September 28, 2000. 13.6.2. Fast-Tracking of Permit Process. Development proposals providing affordable housing units in the following amounts shall qualify for fast-tracking of the permit process: (a) Projects including more than twelve and a half percent (12.5%) affordable housing units, provided that all affordable units (excluding a fractional unit of less than 0.5) are on-site with the market rate development and provided the developer is not seeking an additional density bonus under the provisions of Section 13.5. (b) Projects including twelve and a half percent (12.5%) or more low-income affordable units s set forth in this Article 13, provided that all such units (excluding a fractional unit of less than 0.5) are on-site with the market rate development. (c) Projects including fourteen percent (14%) or more affordable housing units, provided that a minimum of seven percent (7%) of the total project units shall serve low-income households as defined in this Article 13. (d) Projects including twenty-five percent (25%) or more affordable housing units. Fast-tracking of projects begins when the first application for special permit with site plan review is submitted. The applicant must identify the project as qualifying for and request fast-tracking at the point of this application. No project shall be allowed to request fast-tracking after the review process has begun, unless the review process begins again with a new application for the project. Fast-tracked projects shall be subject to every legal requirement for notices and hearings, but every effort shall be made to expedite public review. The project shall be scheduled for appropriate review on the first available agenda (of the appropriate Board) after the application date which allows for proper notifications to occur. The SPGA shall adopt additional measures to streamline and expedite review of a fast-track project within its Rules and Regulations. NOTE: § 13.6.2 was amended by Ordinance 2000-5 on September 28, 2000. 13.6.3.Fee Waiver. In cases where a project includes fourteen percent (14%) or more afford Section 5.3. Procedures for Special Permits and Special Permits With Site Plan Review 5.3.1. Application Procedures and Information Required. Applications for a special permit under Section 5.1 or a special permit with site plan review under Section 5.2 shall be made to the SPGA on forms provided for that purpose, accompanied by the required fee. The SPGA shall adopt specific Rules and Regulations governing application and fee. The SPGA Rules and Regulations shall specifically provide for fast-tracking of any special permit or special permit with site plan review application that includes at least 25% affordable housing units as defined by Article 2 (also see the provisions of Article 13 for more detail on income and affordability guidelines used in defining affordable housing units). The fast-tracking Rules and Regulations should comply with those provisions set forth in Section 13.6.2 related to expediting the permitting process. In addition, any special permit or special permit with site plan review application that includes at least 25% affordable housing units as defined by Article 2 shall be entitled to a waiver of any fees normally associated with the special permit process. When the application has been received in a completed form as designated by said Rules and Regulations, a copy shall be forwarded to the City Clerk. The stamp of this City Clerk shall designate the date of filing. Copies of the completed application shall be distributed to those boards and departments as specified in the aforementioned Rules and Regulations, which shall include, but not be limited to, the Planning Board and the Director of Traffic and Parking. The Planning Board may, within thirty-five (35) days of their receipt of a completed application, transmit to the Board of Appeals a report or recommendations accompanied by such material, maps or plans as will aid the Board of Appeals in judging the application and in determining special conditions and safeguards. The SPGA, if it is not the Planning Board, shall not take final action on the application until the expiration of such thi approval and special permit hearing requirements. C. Action The Planning Board shall approve a submission in the form submitted or with reasonable conditions pertaining to the purposes of this Section 5.4. unless the Planning Board finds that: 1. The submission is incomplete (see Section 5.4.7.); 2. The imposition of reasonable conditions would not ensure that the project would conform to the standards and criteria set forth in Section 5.4.6.; 3. The project does not comply with other specifically applicable requirements of this Ordinance. 5.4.5. Rules and Regulations for Site Plan Approval. The Planning Board may promulgate or amend rules and regulations which pertain to the site plan approval process, so long as these rules and regulations conform to this section of the Ordinance. The adoption or amendment of rules and regulations shall require a public hearing to receive comments. The public hearing shall be advertised once in a newspaper of general local circulation, at least fourteen (14) days prior to the date of the public hearing. The Planning Board may promulgate rules and regulations establishing a minor site plan approval process for those projects not requiring as comprehensive a review process as that otherwise provided for in this Section. The minor site plan approval process may not involve a public hearing and may involve a shorter time period for review. 5.4.6. Site Plan Approval Standards and Criteria. The Planning Board shall review and evaluate the submission and make a determination as to whether it is consistent with the standards and criteria listed below. If the Planning Board finds that these criteria and standards have been met and the Planning Board does not make any of the findings set forth in Section 5.4.4(c), it shall approve the submission with or without conditions. The standards and criteria are as follows: 1. The development complies with all standards set forth for the overlay district in which it is located. NOTE: §5.4.6.1 was amended by Ordinance 1991-10 on August 22, 1991. NOTE: §5.4.6, items #2- 7 and rville in the evaluation of the request. The SPGA may reduce the level of information required at the preliminary master plan review stage, provided more detailed supportive documentation is provided at final level special permit with site plan review of the PUD or phases thereof. 16.8.3. PUD Final Level Application. Application(s) for final level approval of the PUD (or a phase of the PUD) shall be submitted as application(s) for special permit with site plan review and conform with the requirements of Article 5 of this Ordinance, containing all information, plans and materials specified therein, and any applicable additional requirements of this Article 16. In addition, in making application for final approval of the PUD (or phase thereof), an applicant shall supply full documentation as to how the final level plan complies with the approved PUD preliminary master plan. When final PUD approval is applied for in phases or stages of development, the applicant shall keep and submit with each final application a running total or status report of PUD compliance with the approved preliminary master plan, including, but not limited to, floor area ratio, residential density and number of units, PUD ground coverage, required landscaped area and usable open space and the like. The applicant shall provide full documentation and a comparison of approved master plan development data, existing PUD development data to date, final approved development data to date, and the currently proposed development data. Section 16.9. SPGA Review of PUD Application. The SPGA shall review and determine whether a PUD application is complete and place special emphasis in its review as to PUD compliance with provisions of Article 16 herein, including compliance with the purpose and general requirements/features of a PUD. The SPGA shall also determine whether the proposal is consistent with the most suitable development of the City, and conduct a review in accordance with the requirements for special permit with site plan review as set forth in Article 5 of this Ordinance. The PUD shall comply with all requirements of this Ordinan ng District Special Permit (IPD Special Permit). This includes all applications for Special Permit with Site Plan Review to implement phases of a PUD. 6.4.6.2. Process The Planning Board shall be the Special Permit Granting Authority (SPGA) in the ASIPD. In review of any IPD Special Permit application, the Planning Board shall solicit comments from the Somerville Redevelopment Authority (SRA) regarding the consistency of the proposed development with the Urban Renewal Plan. The SRA shall have thirty (30) days from the receipt of the request to provide the SPGA with such recommendations. The SPGA shall also solicit recommendations from the Assembly Square Design Review Committee as described in Section 6.4.7. below. The SPGA shall review an IPD Special Permit in the same manner as any other Special Permit with respect to all noticing requirements and hearing processes outlined elsewhere in the Somerville Zoning Ordinance and in the rules and regulations of the SPGA. It is intended that this review shall occur simultaneously with any other Special Permit, PUD Master Plan, and/or Variance review of a proposed development. An IPD Special Permit shall continue in full force and effect if the first phase of a phased project is commenced within two (2) years of issuance and subsequent phases are commenced pursuant to the terms of the IPD Special Permit. IPD Special Permits may be extended for good cause at the discretion of the SPGA. The validity of an IPD Special Permit issued prior to May 31, 2003 shall not be affected by the subsequent expiration of this Section 6.4. 6.4.6.3. Criteria for Review of an IPD Special Permit In reviewing an application for an IPD Special Permit, the SPGA shall review the proposed development for its consistency with the Assembly Square Planning Study. Such review shall include, but not be limited to, evaluating consistency with the following aspects of the Study: a. Design controls as further outlined below; b. Transportation mitigation, including the need for Applicants to mitigate their transportation impacts and to create addition Which entity acts as the special permit granting authority for multi-family housing? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] Planning Board" "[INST] Context: TABLE OF USE REGULATIONS Residential Business Industrial R-M Principle Uses R-U R-C R-B R-A CBD GB NB HB ! RESIDENTIAL I One-family detached - - - P P - - P - P dwelling - - P - - S - - 2 Two-family dwelling (Amended by action of Special Town Meeting, November 12,1996, Article #7 ) 3 Multifamily dwelling provided that no more than 10% of the total number of units at any one time be units of - - - - - P - three or more bedrooms - - S 4 Cluster residential development (see - - - - - - - - S S Section XI-D) 5 Planned Unit Development (See Section XI-E) (Deleted by action of Town Meeting, June 10, 1974, Article #3 ) 6 ( Deleted by action of Town Meeting, March I, 1971, Article #40 ) 7 Conversion of existing (as of September 8, 1970) dwelling structure to multifamily dwelling provided the total number of units in the converted dwelling structure shall not exceed four dwelling - - - - P units S S S (Amended by action of Town Meeting, January 17, 1977, Article #17 and March I, 1977, Article #41 and April 24, 1978, Article #53) 8 Planned multifamily develop- ment provided that no more than 10% of the total number of units at any one time be units of three or more - - - - P bedrooms S (Amended by action of Town Meeting, April 24, 1978, Article #53 ) nonresident structures to multifamily structures containing five or more, dwelling units (See Section XI-J),S - - - - - - S , in whole or in part, within such Districts or is exempt from the provisions of this Wetlands Protection By-Law, he may request such further information of the Applicant as he may reasonably require to make his determination. Subsequent to a determination by the Building Inspector that any portion of the tract identified in the application lies within the Flood Hazard, Wetland or Watershed Districts or is subject to the provisions of this Wetlands Protection By-Law the Building Inspector shall not issue a building permit unless he has determined that: a. The proposed use of the tract, any part of which is located within a Flood Hazard, Wetland or Watershed District, is shown by the Applicant to comply strictly with the uses and area restrictions permitted or required in such Districts under Sections 4A, 4B, and 4C above; and b. The proposed uses otherwise comply with the provisions of this Zoning By-Law and with any other local, state or federal laws, regulations or ordinances the enforcement of which is the responsibility of the Building Inspector. If the Building Inspector shall determine that no approvals, special permits or variances are required by the Applicant under this Wetlands Protection By-Law, he shall so indicate in writing on the Plan and by letter to the Applicant and all other required approvals may thereafter be sought by the Applicant including without limitation any approvals which may be required under State Wetland Protection Laws, without regard to this Wetland Protection By-Law. In all other instances relative to this Wetlands Protection By-Law, the Building Inspector shall promptly notify the Applicant by certified mail, return receipt requested, that this By-Law prohibits the contemplated use, and shall advise the Applicant of his right to appeal the Building Inspector's decision to the Zoning Board of Appeals. 6. Zoning Board of Appeals. a. Appeals and Applications for Special Permits Generally. An appeal may be taken to the Zoning Board of Appeals by any Applicant aggrieved by a decision of the Building Inspector and a special permit ma SECTION V MORE THAN ONE BUILDING OR DWELLING ON A LOT PROCEDURE GENERAL INFORMATION Not more than one (1) building (anywhere) nor more than two (2) dwelling units (except as permitted or allowed by special permit under the current zoning By-law as amended) designed or available for use, except an accessory use, shall be erected or placed or converted to use as such on any lot in a subdivision, or elsewhere in the Town without the consent of the Board, and such consent may be conditional upon the providing of adequate ways, furnishing access to each site for such buildings. Such applications shall be treated in the same manner as a normal subdivision even though it is not, in fact, a true subdivision and is therefore entitled to the same zoning protection as a single lot or a Form A (Approval Under the Subdivision Control Law Not Required) plan. A. APPLICATION FOR PRELIMINARY APPROVAL AND FEE A preliminary plan for more than one (1) building or more than one (2) dwelling units on a lot(as applicable), known as multiple building, shall be submitted by the applicant to the Planning Board or to the Board through the Engineering Department and the Board of Health or to the Board of Health through the Board of Health Agent for discussion and tentative approval, modification, or disapproval by each. The submission of such a preliminary plan will enable the applicant, the Planning Board, the Board of Health and other municipal agencies to discuss the development before a definitive plan is prepared. A technical review deposit of fifty dollars ($50.00) per building or dwelling unit shall be filed with the Board or to the Board through the Engineering Department for posting with the Treasurer and used as compensation to hire a qualified consultant pursuant to MGL Chapter 44, Section 53G. If the account is depleted prior to the technical review completion, the applicant will be required to supplement the account in an amount that the Board finds is reasonably necessary. Surplus funds, if any, are to be returned to the applicant upon completion of the technical review. Failure by the applicant to post said fee f TABLE OF DIMENSIONAL AND DENSITY REGULATIONS District,Use,Minimum l ol Area (sq ft ),Minimum I of Width (ft),Minimum of Frontage (ft),Minimum of Depth (f) ),Minimum Front (II),Yard Side (ft),Rear (ft,Maximum Height (f) ),Maximum Stories (No ),Maximum Building Area (%),Minimum Open Space (%) R M,Multi Family Apartment House Multi family Row House (Town House Condominium) Two Family Dwelling Any other permitted use (5),2 000 sq ft per dwelling unit + 2 000 sq ft per bedroom per dwelling unit (7),150(5) 100(5),150(5) 100(5),80,25,10(2),30,40,4,- 30,30 10) RU,Two Family Dwelling,35 000 (7),120(5),120,100,25,15(1),40,35,25,30,50 ,Single Family Dwelling,25 000(7),80,80 (5),80,25,15,40,35,25,30,50 ,Any other permitted use,35 5000(7),120(6),120(G),80,25,15,40,35,25 5,30,50 10) RC,Any permitted use,40 000(7),100,100(5),120,35,15,40,35,3,25,50 10) RB,Any permitted use,55 000(7),125,125(5),140,40,20,40,35,25,20,50 10) RA,Any permitted use,""55,000 (9)"",150,150(5),180,40,20,50,35,2 5,20,50 CBU,Any permitted use,2 500,20,20,75,0,0,10,40,3,90,0 GB,Any permitted use,10 000 (7),50,50,75,15,5,30,40,3,70,10 NB,Any permitted use,10 000 (7),50,50,75,15,5,30,30,2 5,50,20 HB,Hotel and Molel,20 000 + 3 000 per unit (7),80,80,100,20,15,40,40,4,40,30 ,Any permitted use,20 000 (7),80,80,100,20,15,40,85(8),6(8),40,30 I Amended,Any permitted use by action of Town Meeting April 30,80 000 (7) 1979 Article 27,125,150,125,25,20,40,40,4,50,25(3) R M Previous amendment voted June 17 1981 Article 16 (7) Amended by action of Special Town Meeting November 12 1996 Article 6 (8) Amended by action of Special lown Meeting on May 5 1997 Article #9 ID 29 (6) Amended by action of Annual Town Meeting April 24 1989, Article 42 ng permit or to any other Board or Town Officer seeking permission for a special use. After a hearing as required herein, the Board of Appeals may grant permission for any uses on that portion of the Applicant's land shown by the Applicant not to be in a Wetland, Flood Hazard, or Watershed Area; provided that such uses shall be consistent with this Wetlands Protection By-Law to the extent that all or any portion of such land continues to be classified as a Wetland, Flood Hazard or Watershed District and provided further that the Applicant shall have demonstrated that all of the following four conditions have been satisfied: (I) The request shall have been referred by the Applicant, along with a copy of the site plan to the Board of Selectmen, the Planning Board, the Board of Health, the Conservation Commission, and the Landscape Review Board and shall have been reported upon by all five Boards or thirty (30) days shall have elapsed following such referral without receipt by the Board of Appeals of such reports; and (ii) The land or the designated portion thereof shall have been shown by the Applicant not to be a Wetland, Flood Hazard or Watershed Area (notwithstanding the fact that the land or the designated portion thereof is shown on the Wetland Map to lie within a Wetland, Flood Hazard, or Watershed District) in whole or in sufficient part to permit the contemplated use. Such showing by the Applicant shall be on the basis of engineering, hydrological and topographical conditions determined by reference to the Engineering Presumption set forth in this Wetlands Protection By-Law, and should include an analysis of the vegetation on the land in accordance with the definitions in Chapter 818 of the Acts of 1974; and (iii) The proposed use, if any, will not be detrimental to the public health, safety, or welfare nor will it be inconsistent with the purposes of this Wetlands Protection By-Law; and (iv) The proposed use, if any, will comply in all respects with all applicable zoning and other provisions within the jurisdiction of the Board of Appeals which govern uses in the underlying Zoni Which entity acts as the special permit granting authority for multi-family housing? Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] Board of Appeals" "[INST] Context: e natural conditions and open spaces; to separate and otherwise divide potentially conflicting property uses and to provide a harmonious relationship between residential and commercial development. B. Permitted Residential Uses Within This Zone Are: 1. Detached one family dwelling subject to dimensional requirements set forth in Section 4.2 Table 1. 2. Two family dwelling - by Special Permit. Subject to dimensional requirements set forth in Section 4.2 Table 1. 3. Multi-family (more than 2 family dwelling) - by Special Permit. Dimensions for residential use are set forth in Section 4.2 Table 1. 4. Permitted Business uses within this Zone are as follows: a. Light manufacturing or light assembly facility limited to small scale assembly and manufacturing industries which are not injurious, noxious or offensive, or tend to reduce residential property values in the same or adjoining districts by reason of emission of odor, fumes, dust, smoke, vibration, sewerage, and/or industrial waste, noise, danger of explosion, fire or otherwise. Manufacturing allowed in this paragraph shall not include heavy industrial operations such as steel manufacturing, heavy forging presses and the like and shall be for utilizing hand labor or quiet machinery and process. b. Landscaping services involving equipment purchasing c. Nursing home; extended or intermediate care facility licensed or approved to provide full time convalescent or chronic care. d. Nursery school, kindergarten or day care site for preschool children. e. The dimensional requirements for the business uses in this zone shall be the same as the BR-1 Zone Section 4.2 Table 1. f. Senior Village Developments are allowed by special permit from the Planning Board **Webmasters Note: The previous subsection has been added as per an update approved at a town meeting held on 5/6/02. h. Rental enclosed storage facilities by special permit issued by Planning Board. **Webmasters Note: T all, and with each building having at least one floor at ground level with a separate entrance. 5.7.04. General Development Standards and Dimensional Requirements An application for a special permit for a Senior Village Development must conform to the following standards: 5.7.04.1 General Standards A. Age Restriction. All dwellings in a Senior Village Development shall be subject to an age restriction described in a deed/deed rider, restrictive covenant, or other document approved by the Planning Board that ,shall be recorded at the Registry of Deeds or the Land Court. The age restriction shall restrict occupancy of the dwelling units to seniors age 55 or older, and their spouses of any age and provide for live-in care providers and limited guest visitation rights if the Planning Board so approves and specifies this in its Special Permit. In the event of the death of a qualifying owner/occupant of a unit in a Senior Village Development, the surviving spouse of a qualifying owner/occupant, regardless of age, shall be allowed to remain until death or remarriage to a non-qualifying individual. B. Lot Coverage. Building footprints and all other impervious surfaces shall not exceed twenty-five percent (25%) of the total acreage of any Senior Village Development. C. Open Space Requirement. A minimum of twenty-five percent (25%) of the total acreage of a Senior Village Development shall be set aside as common open space for the use of the senior residents and/or the general public. It is the intention of this bylaw that the common open space shall generally consist of a large, single, contiguous area of open space with logical boundaries, which shall retain those natural features of the site most worthy of preservation in their natural state, and which connect with existing or potential conservation or open space areas on adjoining parcels whenever possible. Not more than twenty-five percent (25%) of the common open space shall consist of inland we in the RD, subject to the following standards: (i) The Town may enter upon said property at reasonable times for the purpose of inspection in order to insure compliance with the Special Permit. (ii) Membership in said corporation or trust shall be automatic and shall pass with conveyances of the lots or units and be inseparable therefrom. The RD presentation shall include a complete description of said organization and the methods by which it shall be established and maintained, and the method by which fees and property taxes shall be collected and enforced. The presentation may provide that the property owners' association may lease back such land to the developer, his assigns, or to any other person or corporation, for operation and maintenance of the same. (iii) Prior to the release of lots or units for sale or construction, the following documents are to be submitted to the Planning Board for approval: (1) A sample Purchase and Sale Agreement which shall be used for the purchase of the individual lots and/or units. Said Agreement shall include in conspicuous type the following: that the property is part of a Recreational Development subject to Section 2.3.05 of the Zoning By-Laws of the Town of Leicester; that the purchaser and subsequent owners of the units are subject to the requirements therein contained; that the purchaser shall be required to be a member of a homeowner's association, shall be subject to rules and regulations of said association and shall be liable for any applicable assessment made by or against said association. The Purchase and Sale Agreement shall further contain a statement by the seller that the purchaser has been provided with a copy of the rules and regulations of the homeowner's association, copies of any proposed management policies, copies of restrictions or covenants running with the land in the development, and a prospectus which shall be a summarization in layman's language of the information c nd police protection and adequate educational facilities; 1.2. To preserve and enhance the existing community character. 2.) Regulations 2.0 No building permit for a new residential dwelling unit or units shall be issued unless in accordance with this bylaw. This bylaw shall apply to all definitive subdivision plans, divisions of land pursuant to M.G.L., Chapter 41, Section 81P (hereafter called ""A-N-R division"") variances and special permits which would result in the creation of a new dwelling unit or units. Dwelling units shall be considered as part of a single development, for all purposes of this section if located either on a single parcel or contiguous parcels of land, which have been in the same ownership at any time subsequent to the date of adoption of this bylaw. 3.) Planned Growth Rate 3.0 All authorizations shall count toward the planned growth rate permitted by this bylaw. Building permits shall not be issued under any development schedule approved under Section 5 during periods when said building permit issuance would result in authorizations of more than 100 dwelling units over a 24-month (2 year period. 3.1 For the purposes of implementing the 100 dwelling unit limitation, the Building Inspector on the first business day of each month shall total the number of building. permits. issued. during the previous 24 months, If the number of dwelling units for which new building permits have been issued during the previous 24 months meets or exceeds 100 in number, then the Building Inspector shall not issue building permits for any additional dwelling-unit or units in the then current month, except as permitted by Section 3.2. 3.2 In a single development where the number of new dwelling units. are 1 to 3 in total, building permits may be issued even if the 100 limit has been reached. Once issued, these exempt permits shall be calculated in the 100 building permit limit as noted in Section 3.G for th& next, ensuing month. 4.) Development Schedule 44 Building permits for new dwelling units shall be 1.4 NONCONFORMITY 1.4.01 CHANGE OF NONCONFORMING USE: **Webmasters Note: The previous title has been amended as per an update approved at a town meeting held on 10/28/04. Any nonconforming use of a structure may be changed to another nonconforming use provided that the change use is not a substantially different use, and approval for the change is granted by a Special Permit by the Board of Appeals. for the purpose of this section, a substantially different use is a use which by reason of its normal operation would cause readily observable differences in patronage, service, sight, noise, employment or similar characteristics from the existing nonconforming use or from any permitted use in the district under question. 1.4.02 ALTERATION AND EXTENSION OF NONCONFORMING STRUCTURES OR USES: 1.4.02.1 General Except where alteration, reconstruction, or extension of a single-family or two-family residential structure would not increase the nonconforming nature of said structure (see Section 1.4.02.2), a nonconforming structure or use shall be altered, extended, or reconstructed only upon issuance of a special permit by the Zoning Board of Appeals. No such alteration, reconstruction, or extension shall be permitted unless the Zoning Board of Appeals finds after a public hearing that such alteration, reconstruction, or extension would not be substantially more detrimental to the neighborhood than the existing nonconformity. 1.4.02.2 One Family & Two Family Dwellings Notwithstanding any other provisions of these Bylaws, alteration, reconstruction, extension or structural change (collectively ""alteration"") of a pre-existing, nonconforming single-family or two -family residential structure will be deemed not to increase the nonconforming nature of such a structure, and shall be permitted as of right, if: a.) the structure is located on a conforming lot, and the proposed alteration will comply in all respects with the Bylaws, specifically the requirements for front setback, side and rear setbacks, building coverage, lot coverage, maximum floors and maximum heights; or b.) the structure is located on a legally nonconforming lot, and the proposed alteration will retain the structure's existing footprint; or c.) the structure is nonconforming solely because of insufficient lot frontage or lot area, or both, and the proposed change shall meet Are attached single family houses (townhouses, 3+ units) listed as an allowed use (by right or special permit)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: SECTION 5. SUPPLEMENTARY USE REGULATIONS, RESIDENTIAL USES 5.1 (RESERVED) 5.2 ACCESSORY RESIDENTIAL USES IN ONE FAMILY DWELLINGS: ACCESSORY APARTMENTS An accessory apartment is a second dwelling unit located within a structure constructed as a detached one family dwelling, subordinate in size to the principal dwelling unit and separated from it, in a manner that maintains the appearance of the structure as a one family dwelling. 5.2.1 GENERAL OBJECTIVES The provision of accessory dwelling units in owner occupied one family dwellings is intended to: 1) increase the number of small dwelling units available for rent in the town, 2) increase the range of choice of housing accommodations, 3) encourage greater diversity of population with particular attention to young adults and senior citizens, and 4) encourage a more economic and energy-efficient use of the town's housing supply while maintaining the appearance and character of the town's single family neighborhoods. 5.2.2 CONDITIONS AND REQUIREMENTS The Building Commissioner shall issue a building permit for a newly created accessory apartment in a detached, one family dwelling in an RO or RS district provided that each of the following conditions and requirements is met: a. GENERAL 1. The owner of the dwelling in which the accessory apartment is created, shall occupy either of the dwelling units in the structure, except for temporary absences as provided in paragraph 5.2.4. For the purposes of this section, the ""owner"" shall be one or more individuals who constitute a family, who hold title directly or indirectly to the dwelling, and for whom the dwelling is the primary residence for voting and tax purposes, 2. There shall be no more than one accessory apartment within a one family dwelling. 3. There shall be no boarders or lodgers within either unit of a dwelling with an accessory apartment. 4. The lot area shall be at least 10,000 square feet. 5. The gross floor area of the dwelling, excluding floor area in the dwelling used for off-street parking, as of January 1, 1983, was at least, 2,000 square feet. The amount of th amily dwellings is not permitted in the RM district; these uses are permitted in RM districts in existence in January, 1985. ACCESSORY USES FOR RESIDENTIAL USES (See also line 5, accessory uses permitted in all residential, institutional, agricultural uses) 1.21,,Y,,Y,,N,,N,,N, 1.22,Accessory apartment in one-family dwelling (See subsection 5.2 elsewhere in this By-Law),Y, Y,Y,SP,Y,N,N,N,N,N 1.23,Bed and Breakfast Home (see Section 5.5), Y, N,N,N,N,N,N,N,N,N 1.24,""Home occupation, instruction (see 135-25.1)"",Y,Y,Y,SP,Y,N,N,N,N,N 1.251,""Home occupation, minor (see 135-25.1)"",Y,Y,Y,SP,Y,N,N,N,N,N 1.252,""Home occupation, major (see 135-25.1)"",SP,SP,SP,SP,Y,N,N,N,N,N 1.26,""Tool shed, storage shed, garden house subject to the same dimensional controls as a principal building"", Y, Y,Y,Y,Y,N,N,N,N,N 1.27,Greenhouse not used for commercial purposes subject to the same dimensional controls as a principal building,Y, Y,Y,Y,Y,N,N,N,N,N 1.28,Swimming pool (See subsection 5.8.1), Y, Y, Y,SP,Y,N,N,N,N,N **Webmasters Note: The previous table has been amended as per an update approved at a town meeting held on 3/29/04. Line,,RO RS,RT,RM,RD *,CN,CR S,CS,CB CL O,CR O,CM 1.29,Tennis court or court for a sport played with a racquet or paddle including handball. (See subsection 5.8.1),SP,SP,SP,SP,Y,N,N,N,N,N 1.30,Satellite receiving antenna (See subsection 5.8.2),Y,Y,Y,SP,Y,N,N,N,N,N 1.31,""Off-street parking for automobiles. If outdoor parking spaces are provided for more than four automobiles for a dwelling unit, a special permit is required."",Y, Y,Y,Y,Y,Y,Y,Y,Y,Y 1.32,""An off-street parking space, which may be in a garage or outdoors, for not more than one commercial vehicle, not larger than 10,000 pounds, gross vehicle weight rating, which is used by a resident of the dwelling. Not more than one other commercial vehicle not in excess of 15,000 pounds, gross vehicle weight rating, which is used by a resident of the dwelling, may be parked in a garage only."", Y, Y, Y 3.3) SPS: Special Permit with Site Plan Review required (See Section 3.4) * NO: Not permitted. A religious or non-profit educational use, as described in subparagraph 3.1.4.1, is permitted as a matter of right in all zoning districts. 4.1.3 USES NOT LISTED IN TABLE I ARE PROHIBITED All uses which are not listed in Table I are prohibited. 4.1.4 MORE THAN ONE CLASSIFICATION Where a use, structure, development or activity might be classified under more than one of the uses on the lines in TABLE 1, the more specific classification shall apply; if equally specific, the more restrictive classification shall be used. 4.1.5 COMPLIANCE WITH ALL STANDARDS In several sections of TABLE 1, in the various groups of uses and at the beginning of the major sections of the Table, there are listed standards for: permissible uses, operating characteristics and development standards. A use, building, activity or development must comply with each of those standards which may be applicable. Failure to comply with any one of the standards will be the basis for denial of a building permit or certificate of occupancy; failure to continue to comply with any one of the standards will be the basis for revocation of the certificate of occupancy. 4.1.6 PRINCIPAL USES, ACCESSORY USES A principal use is a main or primary use of a lot or structure. More than one principal use may be allowed on a lot, except where such use is a dwelling as provided in subparagraph 7.1.4, and provided that each principal use is permitted by Table I and the sum of such principal uses complies with the other requirements of this By-Law. An accessory use is one that constitutes only an incidental or insubstantial part of the total activity that takes place on a lot and is commonly associated with and integrally related to the principal use. More than one principal use may be allowed on a lot, except where such use is a dwelling as provided in subparagraph 7.1.4, and provided that each prin of dwelling units allowed will be compatible with surrounding land uses, and that traffic and public services will not be adversely impacted; 9.1.2 No building permit shall be issued for a dwelling which is part of a development on a tract of three or more dwelling units, or their equivalent in housing accommodations not classified as dwelling units, except in accordance with the provisions of this section. 9.1.3 In an RO, RS or RT district, a residential development of three or more dwelling units may be: a. a conventional (conv) subdivision, b. cluster (clus) subdivision, with the tract divided into separate lots for dwellings and common open space, or c. a special (spec) residential development in which the tract may be in one ownership or may be divided into separate lots for dwellings and common open space, d. a development with significant public benefit (DSPB). 9.1.4 The procedure for a cluster subdivision or a special residential development or a development with significant public benefit (DSPB) is not intended be used as an alternative to allow the construction of a conventional subdivision that could not otherwise comply with the standards and requirements set forth in this By-Law or in the ""Development Regulations"". 9.2 SCHEDULE OF PERMITTED BUILDINGS, DENSITY AND DIMENSIONAL STANDARDS (Applicable to the residential development as a whole.) ,,,RO,""RS,"",RT,RD Type of,Development:,Conv.,Clus. Spec. DSPB,Conv.,Clus. Spec. DSPB, 9.2.1,Minimum Area of Tract to be Developed * No requirement for tract as a whole; individual lots must comply with Table 2; right-of-way must comply with Subdivision Regulations,NR*,""100,000 sf"",NR*,""50,000 sf"",""125,000 sf"" 9.2.2,""Types of Buildings* Permitted * See definitions in Section 2 a. One-Family Detached b. One-family Attached, *Yes in RT C. Accessory Apartment d. Two-family * Yes in RT e. Townhouse"",Yes No Yes No No,Yes SP Yes SP SP,Yes No* Yes No* No,Yes SP* Yes SP* SP,Yes Yes Yes Yes Yes ,""f. Three-, Four-Family g. Multi-Family h. Rooming House i. Group Quarters *Yes where accessory to a religious or educational use j. Independent Living Residence k. Assisted Liv ing unit has direct access to ground level and an opportunity for a private yard, patio, or other private outdoor space; g. there are provisions for common facilities, such as recreation or parking, or for services such as the. maintenance of streets, walkways or paths, utilities, landscaping or recreation facilities; h. where there are sufficient dwellings units, the layout of the street(s) and interior drive(s) will accommodate vehicles, other than automobiles, that are used in local transportation services. 9.5.6 SPECIAL PERMITS, DIMENSIONAL STANDARDS, WAIVERS, TYPES OF HOUSING The Planning Board, acting as SPGA, may, as part of the grant of a special permit with site plan review, also grant a special permit to: a. modify the standards: 1) in Table 2, Schedule of Dimensional Controls, for minimum lot area, minimum lot frontage, minimum front yard, minimum side yard, minimum rear yard, maximum percentage of site coverage, and maximum height in stories; 2) the provisions of 7.1.4 relative to the number of dwellings on a lot; 3) the minimum lot width in subsection 7.2.2; 4) the provisions in subsection 7.2.3 relative to contiguous developable site area; 5) in subparagraph 11.4.1 relative to the location of off-street parking spaces; 6) in subsection 11.6 relative to setbacks required for parking spaces and driveways; and 7) in subparagraph 6.2.5 relative to the subdivision of land in relation to lots or buildings that are nonconforming or would not comply with this By-Law as a result of the proposed development; all as they may apply to individual dwellings or lots within a cluster subdivision or a special residential development: b. permit the types of buildings identified in 9.2.2 as allowed by special permit; c. allow an existing structure, that was constructed at least 10 years prior to the date of application for approval of the special permit, to be converted to a three-, or four-family dwelling, a multi-family dwelling, a rooming house, a group quarters, an independent living res Are attached single family houses (townhouses, 3+ units) listed as an allowed use (by right or special permit)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: ARTICLE XI, Special Permits and Conditions § 235-61. Special permit granting authorities. A. The Board of Appeals, upon written application duly made to the Board, may grant special permits as hereinafter prescribed. Said special permits may be issued only for uses which are in harmony with the general purpose and intent of this chapter and shall be subject to general and specific provisions hereinafter stated, and such permits may also impose conditions, safeguards and limitations on time or use. (1) Special permits as prescribed in § 235-63 in locations and for uses designated ""S"" in Article V, Table of Use and Parking Regulations, and special permits or conditions allowed elsewhere in this chapter. (2) Variances from the terms of this chapter as prescribed in § 235-64. (3) Special permits for uses accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, whether or not on the same parcel as activities permitted as a matter of right, provided that the Board of Appeals find that the proposed accessory use does not substantially derogate from the public good. B. The Planning Board, upon written application, may grant special permits as hereinafter prescribed. (1) Special permits as prescribed in § 235-65 for multifamily residential use in nonresidentially zoned areas. (2) Special permits designated as design review permits as prescribed in § 235-66. (3) Special permits providing for cluster developments as prescribed in § 235-67. (4) Special permits providing for planned unit developments and planned business developments as prescribed in § 235-68 through 235-71. (5) Special permits under the affordable housing incentive program prescribed in § 235-73.1 of this chapter. (Ord. No. 16985C, 11-27-1972; Ord. No. 04-184A, 8-9-2004) § 235-62. Special permit procedure. A. Application. Applications shall be filed with the City t application of the provisions of this chapter would deprive the applicant of reasonable use of the lot, structure or building in a manner equivalent to the use permitted to be made by owners of their neighborhood lands, structures or buildings in the same district. (3) The unique conditions and circumstances are not the result of actions of the applicant taken subsequent to the adoption of this chapter. (4) Relief, if approved, will not cause substantial detriment to the public good or impair the purpose and intent of this chapter. (5) Relief, if approved, will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the district. (Ord. No. 16985C, 11-27-1972) §235-65. Multifamily residential use in nonresidentially zoned areas authorized by Planning A. General. Said permits may be authorized where the public good would be served after a finding by the Planning Board that such nonresidentially zoned area would not be adversely affected by such a residential use and that permitted uses in such a zone are not noxious to a multifamily use. B. Location. Special permits for multifamily residential use may be applied for only within the BA-1 and BB-1 Zones. C. Dimensional and density regulations. Under separate application, said permit may be applied for in conjunction with a design review permit. Otherwise all other provisions of this chapter shall apply. (Ord. No. 16985C, 11-27-1972) § 235-66. Design review permits authorized by Planning Board. A. General. The Planning Board, as the special permit granting authority, may authorize a special permit designated a ""design review permit"" to increase the permissible density of population or intensity of a particular use in a proposed development, provided that the petitioner or applicant shall, as a condition for the grant of said permit, provide certain open space, housing for persons of low or moderate income, traffic or pedestrian improvements or other Department of Housing and Urban Development, pursuant to Section 8 of the Housing Act of 1937, as amended by the Housing and Community Development Act of 1974. MIXED USE DEVELOPMENT -- A development that contains a combination of at least 2,500 square feet of commercial gross floor area plus five or more residential units. PERIOD OF AFFORDABILITY Shall be in perpetuity (99 years). PROPERTY, PHASED -- Any residential or mixed use development or developments at one or more adjoining sites in common ownership or under common control within a period of two years from the first date of application for any special or building permit for construction on the lot or lots. RESIDENTIAL DEVELOPMENT -- Single-, two-family and multifamily homes, townhouse development, elderly oriented congregate housing and lodging and rooming house dwellings. B. Applicability and requirements. (1) The provisions of this § 235-73.1 shall apply to any residential or mixed use development containing five or more dwelling units, including phased projects. These provisions shall apply with respect to developments in all zoning districts of the City, provided that the provisions of this section shall not apply to any residential or mixed-use development which has previously received a special permit or variance from the relevant permit granting authority containing conditions requiring the inclusion of affordable housing in such residential or mixed-use development, nor to any such residential or mixed-use development which is subsequently modified in accordance with the provisions of this section, provided that such affordable housing inclusion conditions remain substantially unchanged as a result of any such modification. Developments required to obtain a special permit in accordance with this § 235-73.1 shall not be required to obtain a special permit for more than four accessory parking spaces under § 235-17, accessory use #18. (2) A developer of a residential or mixed use development subject to these provisions shall provide 10% of the total number of dwelling units up to the maximum allowed as of right as affordable units. Where the application of that formula results in atter of right, provided that the extension or alteration is consistent with and does not violate the dimensional and density regulations of the district in which it is located. (Ord. No. 16985C, 11-27-1972; Ord. No. 18053, 8-6-1973; Ord. No. 957, 2-19-1985; Ord. No. 95-189, 5-1-1995) § 235-45. Residential lot of record. Any lot lawfully laid out by plan or deed duly recorded, or any lot shown on a plan endorsed by the Planning Board with the words ""approval under the Subdivision Control Law not required,"" or words of similar import, which complies (at the time of recording or such endorsement, whichever is earlier) with the minimum area, frontage, width and depth requirements, if any, of the zoning ordinance then in effect may be built upon for residential use provided it has a minimum area of 5,000 square feet, with a minimum front footage of 50 feet, and is otherwise in accordance with the provisions of Section 6 of the Zoning Act. (Ord. No. 16985C, 11-27-1972) § 235-46. Reduction or increase. A. Any nonconforming lot or open space on the lot, including yards and setbacks, if already smaller than that required shall not be further reduced so as to be in greater nonconformity. The Board, however, may grant a special permit to extend a conforming use so as to violate or further violate the side or rear yard requirements. B. No building area or floor area, where already nonconforming, shall be increased so as to be in greater nonconformity. C. Any off-street parking or loading spaces, if already equal to or fewer than the number required to serve their intended use, shall not be further reduced in number. (Ord. No. 16985C, 11-27-1972) § 235-47. Change of use or lot. A. Any nonconforming use of a structure may be changed to another nonconforming use provided the changed use is not a substantially different use as determined by the Building Commissioner. B. Any nonconforming use which has been once changed to a permitted use or to another nonconforming use which is not a substantially different use shall not again be changed to another nonconforming use. C. Any nonconforming lot which has come into conformity shall not again be ding or structure complies with the zoning ordinance or that a building, structure or parcel of land may lawfully be employed for a specified use, or both. COMMON LAND -- A parcel or parcels of open space within the site designated for a cluster or planned unit development maintained and preserved for open uses and designed and intended for the use or enjoyment of residents of these developments, but not including parking areas or ways, public or private. Common land may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of such residents. COMMUNICATIONS TOWER -- A tower that is freestanding or anchored with cables, used to support an antenna or other voice or data transmission and receiving devices. DISTRICT -- A zoning district as established by Article III of this chapter. DRIVE-IN EATING ESTABLISHMENT -- A commercial establishment wherein food is usually served to or consumed by patrons while they are seated in parked cars. DRIVE-IN ESTABLISHMENT -- A business establishment wherein patrons are usually served while seated in parked vehicles in the same lot. The term ""drive-in"" includes drive-in eating establishments where food is purchased from a building on the lot but is consumed in the vehicle; drive-in service establishments such as banks, cleaners and the like; and automotive service stations, gasoline stations or the like. DRIVEWAY -- An open space, located on a lot, which is not more than 24 feet in width, built for access to a garage or off-street parking or loading space. DWELLING -- A privately or publicly owned permanent structure, whether owned by one or more persons or in condominium, which is occupied in whole or in part as the home residence or sleeping place of one or more persons. The term ""one-family,"" ""two-family"" or ""multifamily"" dwelling shall not include a hotel, lodging house, hospital, membership club, mobile home or dormitory. DWELLING, MULTIFAMILY -- A building containing three or more dwelling units and including an apartment house, garde Are attached single family houses (townhouses, 3+ units) listed as an allowed use (by right or special permit)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know" "[INST] Context: Uses Subject to Site Plan Review. 6.3.1. Private boat, canoe or motor boathouses. 6.3.2. Private bathhouses. 6.3.3. Public recreational uses. 6.3.4. Churches and other places of worship, parish houses. 6.3.5. Public schools, public libraries and museums, and private schools, including preschools and colleges. 6.3.6. CHILD CARE or day care center. 6.3.7. Membership clubs, lodges, social recreational and community center buildings and grounds for games and sports, except those having as a principal purpose any activity which is usually carried on as a business (fairs and public benefits excluded). 6.3.8. Municipal use authorized by Town Meeting. 6.3.9. Other government uses. 6.3.10.Telephone exchanges, provided that there is no service yard or garage. 6.4. Uses and Structures Permitted by Special Permit In the Agricultural Residential District, the Planning Board may issue a SPECIAL PERMIT for the following uses except that where an accessory apartment or the conversion of a single-family to a multi-family dwelling is allowed by SPECIAL PERMIT, the Special Permit Granting Authority shall be the Board of Appeals in accordance with Article 17 Accessory Dwelling Units and Conversion of Existing Single-Family Dwellings: **Webmasters Note: The previous section has been amended as per an update approved at a town meeting held 5/15/06. 6.4.1. BED AND BREAKFAST. 6.4.2. One accessory dwelling unit in a single-family dwelling in existence for at least five years prior to the application for a building permit, subject to ""Accessory Dwelling Units and Conversion of Existing Single-Family Dwellings"" in Article 17 of this Bylaw. 6.4.3. The conversion of a single-family dwelling in existence for at least ten years prior to the application for a SPECIAL PERMIT to a two-family dwelling, subject to ""Accessory Dwelling Units and Conversion of Existing Single-Fami all apply to MULTI-FAMILY housing in the Village Residential District: 4.13.3.1. Multi-family dwellings shall not exceed eight units per acre unless the applicant proposes and the Planning Board approves a higher percentage of affordable housing units than the percentage achieved under Section the 20% minimum set forth in Section 4.13.1. In- no event shall the Planning Board issue a SPECIAL PERMIT for more than ten units per acre. 4.13.3.2. A MULTI-FAMILY development shall provide a mix of one-, two-, and three-bedroom units, except that no more than ten percent of the units in a MULTI-FAMILY development shall be three-bedroom units. 4.13.3.3. A MULTI-FAMILY building shall contain no more than eight units, and shall not exceed a building height of 35 feet and two and one half stories. 4.13.4. Multi-family housing STRUCTURES shall avoid monotonous, look alike designs and promote high standards of exterior quality and appearance. 4.13.5. Off-Street Parking. Applicants shall provide 1.5 parking spaces per one-bedroom unit and 2 parking spaces. per two- or three-bedroom unit. At least one space per unit shall be located so as to provide convenient access to its assigned dwelling unit. Parking garages will be permitted as a parking space if located and designed so as to complement the building design and site layout. 4.13.6. Setbacks. All buildings must be located at least 25 feet from any side or rear LOT line and 25 feet from any established street layout or, where applicable, any defined street line of a public road; which street setback area shall be undeveloped and/or landscaped. 4.13.6.1. Upon a finding by the Planning Board that a setback of lesser width would be sufficient to screen and/or separate the development from adjacent property, the setback may be reduced. The Board may require no-cut easements, conservation restrictions or the like where the setback has been reduced. 4.13.6.2. The Planning Board may also reduce the setback for MULTIFAMILY development of five or fewer units if the building is architectura museums, and private schools, including preschools and colleges. 5.3.8. Membership clubs, lodges, social recreational and community center buildings and grounds for games and sports, except those having as a principal purpose any activity which is usually carried on as a business (fairs and public benefits excluded). 5.3.9. Municipal use authorized by Town Meeting. 5.3.10. Other government uses. 5.3.11. Telephone exchanges, provided that there is no service yard or garage. 5.4. Uses and Structures Permitted by Special Permit. In the Suburban-Residential District, the Planning Board may grant a special permit for the following uses except that where an accessory apartment or the conversion of a single-family to a multi-family dwelling is allowed by SPECIAL PERMIT, the Special Permit Granting Authority shall be the Board of Appeals in accordance with Article 17 Accessory Dwelling Units and Conversion of Existing Single-Family Dwellings: **Webmasters Note: The previous section has been amended as per an update approved at a town meeting held 5/15/06. 5.4.1. BED AND BREAKFAST. 5.4.2. A home occupation not otherwise permitted under Section 5.2 or 5.3. 5.4.3. The conversion of a single-family dwelling in existence for at least ten years prior to the application for a SPECIAL PERMIT to a two-family dwelling, subject to the regulations for ""Accessory Dwelling Units and Conversion of Existing Single Family Dwellings"" in Article 17 of this Bylaw. 5.4.4. One accessory dwelling unit in a single-family dwelling in existence for at least five years to the application for a building permit, subject to the regulations for ""Accessory Dwelling Units and Conversion of Existing Single-Family Dwellings"" in Article 17 of this Bylaw. 5.4.5. Public or semipublic institutions of a philanthropic or charitable character, nursing homes, acute care and rehabilitation facilities. 5.5. Prohibited Uses. 5.5.1. Use of a MOBILE HOME on a residential LOT. 5.5.2. Parks for MOB permitted subject to SITE PLAN REVIEW and the requirements outlined below. 4.11.3. After adoption of this Bylaw, the Planning Board shall adopt rules and regulations to implement the Infill Residential Uses provisions of this Bylaw, following a public hearing. The Planning Board's rules and regulations shall be on file with the Town Clerk, and shall be updated annually by the Planning Board to set maximum purchase prices and rents for affordable housing units approved under this Bylaw. Maximum purchase prices and rents shall, where applicable, conform to the regulations and guidelines of the Local Initiatvie Program, 760 CMR 45.00. 4.11.4. Permitted Uses. Infill residential uses include the following, subject to compliance with the AFFORDABLE HOUSING Requirements at Section 4.11.7. 4.11.4.1. SINGLE-FAMILY DWELLING. 4.11.4.2. TWO-FAMILY DWELLING. 4.11.4.3. Multi-family, zero-lot line or common-wall dwelling units, up to four such units with a combined total of no more than eight bedrooms on a reduced-frontage lot. 4.11.4.4. A single-family dwelling unit built on a reduced FRONTAGE LOT may never be converted to a two-family or MULTI-FAMILY dwelling, and it may never be altered to include an accessory apartment. All infill residential uses shall be connected to the municipal sewer system. 4.11.5. SITE PLAN REVIEW. Infill Residential Use is subject to Article 19 of this Bylaw. 4.11.6. Aggregate Infill Residential Use Limitation. No more than 40 dwelling units may be permitted as infill residential uses in the Village Residential District. 4.11.7. AFFORDABLE HOUSING Requirements. An infill residential use must provide housing that meets the following requirements: 4.11.7.1. Low- and moderate-income housing eligible for listing on the Chapter 40B SUBSIDIZED HOUSING INVENTORY, i.e., affordable to households with incomes at or below 80% of area median income. 4.11.7.2. ""BELOW-MARKET"" housing units affordable to households with incomes between 81-100% of area median income. 4.11.7.3. The affordable housing requirements shall be met according to the following schedule of uses: Infill Residential Use,AFFORDABLE HOUSING Requirement Detached single-family dwelling f a single-family dwelling in existence for at least ten years prior to the application for a SPECIAL PERMIT to a two-family dwelling, subject to ""Accessory Dwelling Units and Conversion of Existing Single-Family Dwellings"" in Article 17 of this Bylaw. 6.4.4. Home specialty retail. 6.4.5. Public or semipublic institutions of a philanthropic or charitable character, nursing homes, acute care and rehabilitation facilities. 6.4.6. Assisted living facility or CONGREGATE LIVING RESIDENCE for the elderly or disabled, subject to ""Regulations for Assisted Living Facilities and Elderly Housing"" at Article 16 of this Bylaw. 6.4.7. Open Space-Residential Development, subject to ""Open Space-Residential Development"" regulations at Article 15 of this Bylaw. 6.4.8 Cemetery **Webmasters Note: The previous subsection has been added as per an update approved at a town meeting held 4/30/07. 6.5. Prohibited Uses. 6.5.1. Use of a MOBILE HOME on a residential LOT. 6.5.2. Parks for MOBILE HOMES. 6.5.3. Outdoor storage of more than one unregistered motor vehicle for more than ninety days, except on a farm. 6.5.4. Auto dismantling, junkyards, privately developed and operated septage waste disposal/treatment facilities and refuse disposal facilities are expressly prohibited. 6.5.5. Any use not explicitly provided for in this Bylaw. 6.6. Dimensional and Intensity Regulations. No building or STRUCTURE shall be located, constructed, changed, enlarged or permitted and no use of premises in the Agricultural Residential District shall be permitted except in conformity to the intensity and dimensional regulations as set forth herein. If a LOT is determined by the rules of Article 14 to be within a Water Resources Protection Overlay District, then the more restrictive regulations of Article 14 shall prevail. 6.6.1. Minimum LOT AREA: 87,120 square feet (ft2) 6.6.2. Minimum Are attached single family houses (townhouses, 3+ units) listed as an allowed use (by right or special permit)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know." "[INST] Context: Subsection A above and upon which one single one family residence and such structures normally accessory to such single one family residence exist as of the date of the enactment of Subsection B shall nevertheless be deemed to comply with the provisions of the Zoning By-Laws so long as such single one family residence remains on such lot. E. Residential Limited Business. (1) Allowed Uses: (a) Limited business; (b) Single and two family residences; (c) Agricultural use; (d) Customary home occupation as provided for in section 97-10C; (e) Church or other religious purpose; (f) Educational purpose which is non-profit or public; (g) Uses customarily accessory to allowed uses. (2) Prohibited Uses: (a) Any use not herein expressly allowed shall be prohibited. (3) Uses By Special Permit: (a) In appropriate cases and subject to appropriate conditions, safeguards and limitations on time or use, the Selectmen may grant an applicant a special permit to make use of the land or erect and maintain buildings or other structures thereon in accordance with the provisions of Chapter 40A of General Laws, if such use, buildings or other structures are in harmony with the general purpose and intent of this By-Law and with the provisions stipulated in § 97-10.C(1) (c) (d) & (e) for the purpose of municipal uses; A library; a nursing or rest home; a hospital; a private club; or a doctor's, lawyer's, or similar professional office; provided the Selectmen find, after a Public Hearing of which due notice is given to any party in interest as defined in Section 11, of Chapter 40A of the General Laws, that the proposed use, building or structure is for the best interest of the Town, is not injurious or obnoxious to the neighboring properties, will satisfy a community need or convenience not otherwise being served, will not affect abutting and nearby properties by increasing traffic and on-street parking, and that nothing connected with the use, buildings or structure, such as machinery, vehicles, material, supplies, equipment and waste materials shall be stored between the stre (2) Granting Authority. When a five-member Planning Board has been designated as the special permit-granting authority, one associate member may be authorized for a one-year term. The Board of Selectmen shall authorize/appoint the associate member who, upon the designation of the Chairman of the Planning Board, shall sit on the Board for the purposes of acting on a special permit application in the case of absence, inability to act or conflict of interest on the part of any member or in the event of a vacancy on the Board. [Added 4-22-2003 ATM, Art. 8] D. Definitions. (1) General. (a) For the purposes of this bylaw, the following words and phrases shall have the following meanings, except that terms (including without limitation, appurtenant structure, base flood, development, flood, flooding, flood elevation determination, flood-prone area, flood-proofing mean sea level, mobile home, new construction, regulatory floodway, sand dunes, structure, substantial improvement and water surface elevation) used in Section 97-4E of this By-Law, including all sections thereof inclusive shall be as set forth in Section 1909.1, Subchapter B of Chapter X of Title 24 of the Code of Federal Regulations, a copy of which Section 1909.1 shall be kept on file with the Town Clerk, the Planning Board and the Building Inspector. (2) Written Definitions. ACCESSORY APARTMENT : one dwelling unit associated with a single-family dwelling which is subordinate to the principal unit. ACCESSORY STRUCTURE : A structure which houses or is being used for something other than an allowed principal use. ADULT ARCADE : an establishment or portion thereof where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five (5) or fewer persons each, are used to show films, motion pictures, video cassettes, computer displays, slides, or other photographic reproductions which are characterized by the depiction or description of ""Specified Sexual Activiti istry of Deeds in Salem prior to March 21, 1978, and otherwise met all of the applicable requirement of the Zoning By-Law in effect at the time it was recorded or registered. Notwithstanding any provisions of this By-Law, a single residence or any other permitted buildings or structures may be erected in the agricultural-residential district on any lot which has not less than 20,000 square feet, and was recorded at the Registry of Deeds in Salem prior to March 21, 1978, and otherwise met all of the applicable requirement of the Zoning By-Law in effect at the time it was recorded or registered. This provision shall not apply to the Plum Island Zoning District, which shall instead be governed by G. L. c.40A, s 6, Para 4. C. Customary home occupations: (1) Customary home occupations (such as professional and business offices, arts and crafts shops, tradesman's shops and miscellaneous repair services) may be conducted in a dwelling or building accessory thereto by a person residing on the premises are permitted provided that: (a) Such use is clearly incidental and secondary to the residential use; (b) Not more than two (2) persons other than the resident is9 regularly employed thereon; (c) No offensive noise, odors, glare or unsightliness is produced; (d) There is no public display of goods or wares except for such signs as are permitted; and (e) That there is no exterior storage of materials, equipment [including the parking of more than one (1) commercial vehicle] or waste material that would indicate the presence of the use or violate the residential character of the premises. D. Accessory Apartments in the Agricultural-Residential District. [Amended 10-24- 2006 STM by Art. 3] (1) Purpose and Intent: It is the intent of this article to allow accessory apartments for non-rental purposes, including kitchens, within single family properties in the Agricultural-Residential Distr ] (1) Purpose and Intent: It is the intent of this article to allow accessory apartments for non-rental purposes, including kitchens, within single family properties in the Agricultural-Residential District for the purpose of supplying accessory housing stock in owner-occupied properties within the Town of Newbury. (2) Allowed Use: A non-rental accessory apartment may be allowed upon issuance of a building permit by the Building Inspector subject to the conditions and requirements set out in this bylaw. (3) Accessory Apartment Applicability: The Building Inspector shall issue a building permit for an accessory apartment in a detached, one family dwelling in the Agricultural Residential District provided that the dwelling unit and the proposed apartment meet the following conditions and requirements. (a) The owner of the dwelling in which the accessory apartment is created, shall occupy either of the dwelling units in the located structure in question, with temporary absences of up to six months. (b) For the purposes of this section, the ""owner"" shall be one or more individuals residing in a dwelling unit, who holds title and for whom the dwelling is the primary residence for voting and tax purposes. (c) The gross floor area of the dwelling, including the basement shall be at least 1600 square feet. (d) The size of the accessory apartment shall not exceed 35% of the principal dwelling unit at the time of the granting of the special permit. (e) No more than one accessory apartment shall be allowed per residential lot. (f) There shall be no boarders or lodgers within either unit of a dwelling with an accessory apartment. (g) There shall not be more than two bedrooms in the accessory apartment. (h) The Accessory Apartment must be within or have a common wall and common interior door with the single-family dwelling unit. (i) The existing house and the access ARTICLE III REGULATIONS OF USE DISTRICTS § 97-3. Regulations of Use Districts. A. General. In all zones where allowed, except for shopping centers, farms, industrial complexes, community facilities, and public utilities, only one principal structure shall be permitted on each separate lot. B. Written Description of Regulations. No building, structure or land shall be used, constructed, erected, placed, or converted, in whole or in part, for any purpose or in any manner other than for one or more of the uses set forth in § 97-3. Exceptions: These regulations shall not prohibit, regulate, or restrict the use of land, buildings, or structures for religious purposes or for educational purposes on land owned or leased by the Commonwealth of Massachusetts or any of its agencies, subdivisions, or bodies politic, or by a religious sect or denomination, or by a non-profit educational corporation. C. Agricultural Residential District. (1) Allowed Uses: (a) Single and two family residences; (b) Agricultural uses; (c) Customary home occupation as provided for in section 97-10C; (d) Church or other religious purpose; (e) Educational purpose which is non-profit or public; (f) Uses customarily accessory to allowed uses. (2) Prohibited Uses: (a) Any use not herein expressly allowed shall be prohibited. (3) Uses By Special Permit: (a) Bed & Breakfast establishments as provided for in § 97-5B; (b) In appropriate cases and subject to appropriate conditions, safeguards and limitations on time or use, the Selectmen may grant an applicant a special permit to make use of the land or erect and maintain buildings or other structures thereon in accordance with the provisions of Chapter 40A of General Laws, if such use, buildings or other structures are in harmony with the general purpose and intent of this By-Law and with the provisions stipulated in § 97-10.C(1)(c)(d) & (e) for the purpose of municipal uses; A library; a nursing or rest home; a hospital; a private club; or a doctor's, lawyer's, or similar professional office; provided the Selectmen find, aft Are attached single family houses (townhouses, 3+ units) listed as an allowed use (by right or special permit)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know" "[INST] Context: Board shall be the Special Permit Granting Authority (SPGA) for all Special Permits under this by-law. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held on 5/10/04. 19.3.2 Multiple Units. This bylaw shall apply to the construction of six (6) or more multi-family dwelling units, whether on one or more contiguous parcels, in existence as of October 8, 2003 and shall require a Special Permit. 19.4 MANDATORY PROVISION OF AFFORDABLE UNITS The Planning Board shall, as a condition of approval of any division of land or construction of multiple units referred to in Section 19.3, above, require that the applicant for approval of a Special Permit comply with the obligation to provide affordable housing pursuant to this bylaw and more fully described in Section 19.5, below. 19.5 PROVISION OF AFFORDABLE UNITS The Planning Board shall deny any application for a Special Permit for division of land or construction of multiple units under this by-law if the applicant does not comply, at a minimum with the following requirements for affordable units. 19.5.1 At least ten (10) percent of the lots in a division of land or units in a multiple unit development subject to this by-law shall be established as affordable housing units in any one or combination of methods provided for below. Fractions of a lot or dwelling unit shall be rounded up to the nearest whole number such that a development proposing six (6) dwelling units shall require one affordable unit, a development proposing eleven (11) dwelling units shall require two affordable units and so on: 19.5.1.1 The affordable units shall be constructed or rehabilitated on the subject property; I 19.5.1.2 the affordable units shall be constructed or rehabilitated on a property different than the property subject to the Special Permit; 19.5.1.3 the applicant shall make an equivalent fees-in-lieu-of payment (see Section 19.10); 19.5.1.4 the applicant may offer, and the Planning Board after consultation with the Board of Selectmen may accept, donations of land in fee simple, on or offsite, that the Planning Board determines are suitab nd/or restriction and such easements and/or restrictions to the Town allowing the Town to control all building rights in the area. Such restrictions shall be for the benefit of and enforceable by the Town. 5. The applicant shall submit a plan for maintenance of the open space area. The plan must be approved by the Planning Board. 6. The applicant shall give evidence that a functional relationship exists between the open land and the proposed clusters. Such land shall be of such size, shape, dimension, character and location as to assure its utility for park, conservation or recreation purposes. 7. Open space shall be restricted to recreational uses such as parks, playgrounds and conservation areas and shall not be built upon except as approved by the Planning Board. Only structures incidental to recreation, conservation or parks shall be allowed subject to approval by the Planning Board. TOWNHOUSE OR ROWHOUSE STRUCTURES 1. Not more than four (4) attached townhouse units shall be built in a row with the same or approximately the same, front building line. No row of attached units shall contain more than (six) 6 units. MULTI-FAMILY DWELLINGS 1. Except as modified by this article, all multi-family dwellings in a Cluster Development shall conform to the standards and restrictions set forth in the Zoning By-law. OFF STREET PARKING 1. Facilities for off-street parking shall be provided in conformance with Article V11 of the Zoning By-law. SIGNS 1. Signs erected, installed or displayed in a Cluster Development shall be in conformance with Article VIII of the Zoning By-law. ADMINISTRATION AND ENFORCEMENT 1. Cluster Development is allowed in certain zoning districts by special permit only. Guidelines for submission and approval of special permit applications shall be followed by the Planning Board in reviewing Cluster Development proposals. 2. In addition to the information required on all special permit applications, Cluster Development proposals shall contain documentation relevant to the specific requirements of this Article. Additional information which the Planning Board may require for the consideration of the above cluster regulations shall be provi ARTICLE XIX - AFFORDABLE HOUSING 19.1 PURPOSE AND INTENT The purpose of this bylaw is to provide housing in the Town of Norton that is affordable to low or moderate income households. It is intended that the affordable housing units that result for this bylaw shall qualify as Local Initiative Units (LIP) in compliance with the requirements for the same as specified by the Department of Community Affairs,, Division of Housing and Community Development and that said units count toward the Town's requirements under G. L. Chapter 40B, Sections 20-23. 19.2 DEFINITIONS AFFORDABLE HOUSING UNIT . A dwelling unit available at an annual cost of no more than 30% of gross household income of households at or below 80% of the Boston MSA median income as reported by the U.S. Department of Housing and Urban Development including units listed under Massachusetts General Law, Chapter 40B, Sections 20-23 and/or the Commonwealth's Local Initiative Program (LIP). QUALIFIED AFFORDABLE HOUSING UNIT PURCHASER OR TENANT . An individual or family with household income that does not exceed 80% of the median income, with adjustments for household size, as reported by the most recent information from the United States Department of Housing arid Urban Development (HUD) and/or the Massachusetts Department of Housing and Community Development (DHCD). 19.3 APPLICABILITY 19.3.1 Division of Land. This bylaw shall apply to the division of land held in single ownership as of October 8, 2003, or anytime thereafter, into six (6) or more lots, whether such lots are created at one time or cumulatively from said land held in single ownership, and shall require a Special Permit. A Special Permit shall be required for land divisions under G.L. c. 4 f A, Section 9 as well as for ""conventional"" or ""grid"" divisions allowed by G.L. c. 41, Section 81-L and Section 81-U, including those divisions of land that do not require subdivision approval. The Norton Planning Board shall be the Special Permit Granting Authority (SPGA) for all Special Permits under this by-law. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting ARTICLE IV - USE REGULATIONS 4.1 In each district, except Village Commercial, only the principal and the Y - use permitted within the district (uses allowed by right may require a Special Permit if they are above certain thresholds. See Article XV - Site Plan Review) N - use not permitted within the district SP - Special Permit needed for use within the district 4.2 Residential Uses ZONING DISTRICTS ALLOWED USES ,,R-60,,VC,, I PRINCIPAL USES, , , , , , 4.2 Residential Uses, , , , , , Single-family dwelling,XY,XY,XY,XY, N,XN Single-family dwelling with accessory apartment provided that the appearance of a single-family home is maintained and Board of Health requirements are met.,XY,XY,XY,X,N,N Duplex,SP,SP,SP,SP,N,N Common driveway,SP,SP,SP,SP,SP,SP Multi-family dwelling (excluding cluster development),N,N,SP,SP,N,N Cluster Development,SP,SP,SP,N,N,N Housing for the elderly,SP,SP,SP,SP,SP,N Tourist or Rooming House,SP,SP,SP,Y,N,N Bed and Breakfast,SP,SP,SP,Y,Y,N Mobile Home Park,N,N,N,N,N,N Mobile Home (temporary),SP,SP,SP,SP,N,N ""Institutional, educational facilities"",Y,Y,Y,Y,SP,SP Religious facilities,Y,Y,Y,Y,SP,SP ""Hospitals, nursing or convalescent homes"",SP,SP,SP,SP,SP,N Public or government buildings or uses,SP,SP,SP,Y,Y,N Private nursery school. day care center,Y,Y,Y,XY,XY,XY ""Non-Profit, membership owned health or recreational club Including country club serving residents of Norton"",N,N,N,X,XY,N Fraternal lodge or other non-profit civic use Serving residents of Norton,N,N,N,X,XY, **Webmasters Note: The previous chart has been amended as per an update approved at a town meeting held 5/8/06. 4.3 Open Space, Agriculture and Recreational Uses ,R-80,R-60,R-40,VC, 10, ""4.3 Open Space, Agriculture and Recreational Uses"", , , , , , ""Public parks, playgrounds"",X,X,X,XYYYYYN,X,X ""Horticulture, floriculture and minor agriculture"",X,X,X,XYYYYYY,X,X Cemetery,X,X,X,XYYYY,X,X Recreational day camps,X,X,X,XYYYYYN,X,X Public recreations areas,XY,,X,XY, Y, N Golf course,SP,SP,SP,SP,SP, N Health or recreational club,N,N, N,SP,Y,SP Outdoor lighting for non-residential use in excess of thirty (30) feet in height,SP,SP,SP,SP, SP,SP ""Farms feet per unit; within Zone III the minimum lot area for residential and non-residential use shall be 60,000 square feet per unit except that in the Village Commercial zoning district the minimum lot area for residential and commercial uses shall be as per the dimensional requirements of the Village Commercial district. b. No existing lot used for multi-family dwellings shall be changed in size so as to result in a violation of the requirements of this Section. c. Lots may be reduced through the Residential Cluster Development Special Permit process (Section 6.8 43), provided that the provisions of Section 6.8 #2, as amended in Article 23, Norton Town Meeting of 5/2/88, are met. 6.8 RESIDENTIAL CLUSTER DEVELOPMENT REGULATIONS a. Single-family, duplex, and multi-family Cluster Development may be allowed by a special permit in Zoning District specified in Table 4.2. b. In order to encourage better site planning in the placement of buildings and improvements, the Planning Board may allow more than one building to be located on a single lot. DIMENSIONAL REQUIREMENTS 1. The site proposed for Cluster Development shall be not less than ten acres for Single-family, fifteen acres for duplex and twenty acres for Multi-family in area and shall be under a single owner or a group of owners acting jointly. 2. No site shall be developed in a manner which would result in a greater number of dwelling units being constructed in a Cluster Development than would be permitted in a conventional single family development on the same site. 3. In Cluster Development made up of individual lots, each lot may be reduced in size up to 50% from the minimum size allowed in the zoning district in which the site is located. Where on-site sewage disposal is required, a minimum lot area of 40,000 square feet shall be required. 4. The Townhouse or Rowhouse Development without individual lots, the area allocated to buildings, streets, parking and storage areas shall not exceed 50% of the building site area if the maximum number of allowable units are proposed. The area allocated to buildings, streets, parking and storage area may be reduced from 50% of total building site area in a ratio equival Are attached single family houses (townhouses, 3+ units) listed as an allowed use (by right or special permit)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: ng for one family in a connected row of three (3) or more dwellings, where one family is not living over another. MUNICIPAL PROPERTIES REUSE DEVELOPMENT (MPRD) : A municipal properties reuse development shall mean the development of municipal properties no longer serving a municipal purpose, as a single entity, in which a mixture of residential, open space, commercial, and light industrial uses, and a variety of building types and designs, are determined to be sufficiently advantageous to render it appropriate to grant a special permit to the extent authorized by this zoning ordinance. (Ord. of 9-16-82, § 1) NATURAL WOODLANDS : A grouping of mature indigenous trees with a minimum density of twenty (20) trees of six (G) inches' diameter or greater per ten thousand (10,000) square feet throughout (Ord. of 5-9-97, § 1) NEIGHBORHOOD BUFFER : A landscaped area sufficient in depth and screening to visually separate one land use from one another. (Ord. of 5-9-97, § 1) NURSING HOME : Any place or institution for the aged, infirm, chronic or convalescent whether conducted for charity or for profit which is established to render domiciliary care, custody, treatment or lodging for three (3) or more unrelated persons who require or receive assistance in ordinary daily activities of life or who are confined to bed or chair. (This term includes boarding and rooming houses for aged people, convalescent homes, rest homes, homes for the aged or infirm and convalescent homes for children, but does not include hospitals, clinics and similar institutions devoted primarily to the diagnosis and treatment of disease, injury, maternity cases or mental illness.) ONE-FAMILY DWELLING : A detached dwelling designed for and occupied by a family excluding mobile homes. (Ord. of 5-10-84, § 4) ORNAMENTAL TREE : A small to medium size deciduous tree, noted for its form, leaf color, texture, flowers, or fruit, used to provide vegetative screening along a driveway, beside a building, or within a landscaped buffer. (Ord. of 5-9-97, § 1) OVERLAY ZONE t a scale of not less than forty (40) feet to an inch and shall include as necessary or applicable for each special permit use the following: (a) The extent of the site with all lot lines identified by metes and bounds; (b) Names of owners and abutters as shown on most recent real estate tax list (c) Sizes and locations of existing and proposed structures and any adjacent structures within fifty (50) feet of the site and including proposed structures and any adjacent structures within fifty (50) feet of the site and including proposed type of construction and proposed building materials; (d) Existing and proposed contours at two-foot intervals; (e) Number and location of proposed parking spaces; (f) Sizes and locations of water, sewerage and drainage systems; (g) Driveways and vehicular circulation providing access to and egress from the site; (h) Walks and recreation, open space and conservation areas; (i) Land uses, both existing and proposed; (j) Landscaping and site development details including walls, fences, outdoor lighting and ground surface materials; (k) Bounding streets and any unused or unique natural features of public areas in the immediate vicinity; and (l) If an applicant or predecessor in title has previously filed a site plan with the permit granting authority regarding the subject parcel of land and/or building and use, no additional site plan shall be filed in the event the application refers only to a change in use. (Ord. of 5-104, §§ 19-21) 4.4.3 Reserved. 4.4.4 Cluster development requirements. (a) Definition: Single detached one-family dwellings may be constructed on certain lots in a cluster development in the following zones: R 1, R 1A, R 113, R 2, R-3, and R-4 as hereinafter defined and limited, although such lots have less area or frontage, or both, than normally required. For this purpose, a cluster development is a division of not less than five (5) acres of land into lots used, or available for use as building sites, where said lots are cluste in relation to the proposed use of the land, and for the installation of municipal services to serve such land and the building or buildings erected or to be erected thereon. (Ord. of 5-10-84, § 5) STREET TREE : A large canopy deciduous tree, capable in size and mass of forming a vegetative screen along a roadway, driveway or parking lot. (Ord. of 5-9-97, § 1) STRUCTURE : Anything erected at a fixed location on the ground to give support, provide shelter, or satisfy other purposes including a building. SWIMMING POOL : A private or public facility, located above or below surrounding grade, exceeding one hundred (100) feet of surface area, confining a body of water deeper than eighteen (18) inches, as measured from the lowest point in the pool a vertical distance to the grade level or top of the pool; used for swimming, diving and various water sports. (Ord. of 5-10-84, § 6) TWO-FAMILY DWELLING : A detached dwelling designed for and occupied by no more than two (2) families, or two (2) one-family houses built together at the same time and separated by a fire-proof division with no openings. TRAILER : A vehicle without motive power designed to be drawn by a motor vehicle used for hauling and standing on wheels or rigid supports but excluding a mobile home. (Ord. of 5-10-84, § 7) UNIT : A part of a multiple family dwelling including one or more rooms, with appurtenant areas, such as balconies, terraces, and storage lockers, if any are stipulated in the applicable document of title, occupying one or more floors or part of parts thereof, including the enclosed space therein, intended for use by a family, and with a direct exit to a street or way or to a common area leading to a street or way. (Ord. of 5-10-84, § 8) USABLE OPEN SPACE : The part or parts of land or structures within a MPRD which are reserved for active or passive recreation use. This open space shall exclude parking areas, driveways, and walkways and open areas in commercial areas and shall be open and unobstructed to the sky. Trees, plantings, arbors, fen rate-Income has been deleted as per Ordinance No. 04-04. MODULAR HOMES : Homes built in two (2) or more sections in a factory that are brought to a site placed on a permanent foundation and permanently assembled. (Ord. of 10-11-84, § 2) MOTEL : A building intended and designed primarily for transient or overnight occupancy, divided into separate units within the same building, with or without public dining facilities, and characterized by direct access to every unit from an automobile parking space or facility including motor hotels and motor inns. MULTIPLE-FAMILY DWELLING A building designed for or occupied by three (3) or more families, living independently in dwelling units separated by vertical walls or horizontal floors, having separate sleeping, cooking, and sanitary facilities, and with separate or joint services for heat lighting, and other utilities (including apartments, garden apartments, townhouses, cooperatives, condominiums, row-houses and tenement houses): APARTMENT : A dwelling for more than two (2) families under one roof, or for one or more families above a first floor used for nonresidential purposes. GARDEN APARTMENT : A building or group of buildings on a landscaped lot not more than thirty-five (35) feet in height arranged, intended, and designed to be occupied by three (3) or more families per building, each family separated by party walls or floors from the other, with each apartment having individual living, sleeping, kitchen and toilet facilities, with those apartments with the floor below grade having window opening not less than thirty-six (36) inches in height with the bottom of said windows even with or above grade, such building or buildings occupying one lot in single ownership throughout and subject to the conditions and requirements of section 5.3.3 herein. ROW HOUSE : A dwelling for one family in a connected row of three (3) or more dwellings, where one family is not living over another. MUNICIPAL PROPERTIES REUSE DEVELOPMENT (MPRD) : A municipal properties reuse development shall requirements. (1) Multistory developments can include multiple-family dwellings, multistory single family cluster developments, or public housing. (2) The site shall have not more than eight (8) dwelling units/acre. A bonus density of not more than two (2) dwelling units/acre for a total maximum often (10) dwelling units/acre may be granted as a condition of the special permit provided that a minimum of ten (10) percent of the dwelling units provided at the site are assured to be sold or leased on terms affordable to individuals or households with incomes not exceeding those defined as ""moderate income"" by the Massachusetts Executive Office of Communities and Development or comparable governmental agency acceptable to the special permit granting authority. The assurances, referred to in the previous sentence shall be in the form of a covenant or other means acceptable to the special permit granting authority and shall be in full force and effect for a period of not less than ten (10) years from the date of the first sale, lease or transfer of said units. (Ord. of 8-25-88, § 3) (3) The facade of multistoried buildings shall be broken up by architectural detailing such as window protrusions, balconies, overhangs. (4) Buildings shall be sited to allow maximum amount of light to reach individual units. (c) Single-story/single-family development requirements. (1) Single-story developments may include detached site built houses, detached one unit modular homes assembled on site, or one story single-family cluster developments. All must have foundations and be permanently affixed. (2) The site shall have not more than a maximum of four (4) single-story detached dwelling units/acre. A bonus density of not more than one (1) unit per acre for a total maximum of five (5) dwelling units/acre may be granted by the special permit granting authority under the same terms and conditions as specified in 4.4.9(b)(2) of this ordinance. (Ord. of 8-25-88, § 4) (3) Each unit must have a minimum lot size of not less than ten thousand Are attached single family houses (townhouses, 3+ units) listed as an allowed use (by right or special permit)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: to approve any related plan for subdivision, nor reduce any time periods for Board consideration under the law. However, in order to facilitate processing, the Planning Board may, insofar as practical under existing law, accept a combined plan and application which shall satisfy both this section and the Board's regulations under the Subdivision Control Act. 7350. Conditions. Where a special permit for multifamily residential development is granted which is not subject to subdivision control, the Planning Board shall impose all or such part of its subdivision control requirements as it deems advisable as conditions upon its permit, including but not limited to the construction of roads and driveways, drainage facilities and other facilities and utilities, and shall require a bond or covenant in the manner prescribed in the subdivision regulations to secure performance of the entire plan for multifamily residential development as approved for special permit. 7400. TRAILERS 7410. General No person shall use or permit to be used for dwelling purposes within the town any trailer or similar mobile equipment, whether registered or unregistered, mobile or immobile, except that mobile trailers may be used for temporary dwelling purposes, provided that such use is licensed by the Selectmen, said license to be applied for by the occupant within three days after the unit is located in the town and with no license granted hereunder to be for a period exceeding six calendar months. 7420. Preexisting Trailers. The above restrictions shall not apply to trailers which are presently or are hereafter placed in any trailer park already in existence in the town or to any existing trailer presently being used for dwelling purposes, which trailers shall be subject to and limited by licenses, if any, presently in effect. 7421. Such trailers may be replaced by a trailer not more than 20% larger in volume than the lawfully preexisting trailer. 7500. REAR LOTS 7510. General In a Rural, Town Suburban or Recreational Residential District, a building and occupancy permit for one (1) single family dwelling unit may be issued notwithstanding the minimum frontage requirements set forth in Section 4000, subject to ises are offered for retail sales. STREET : An accepted town way, or a way established by or maintained under county, state, or federal authority, or a way established by a subdivision plan approved in accordance with the subdivision control law, or a way determined by the planning board to have sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. STRUCTURE : Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, ""structures"" include buildings, mobile homes and freestanding in-ground signs. For purposes of this chapter, ""structure"" does not include landscape features such as ornamental pools, planting boxes, sculpture, birdbaths, open terraces, walkways, driveways, shelters for pets, open stairs, recreational equipment, flagpoles, underground fallout shelters, mailboxes or outdoor fireplaces and tool sheds or like buildings with a floor area of less than 100 square feet. SUBDIVISION RULES AND REGULATIONS : The regulations for subdivision of land adopted by the Planning Board in accordance with municipal planning and subdivision control legislation contained in G.L. c. 41, ss. 81K to 81GG. SURFACE WATERS : All waters other than groundwaters, including without limitation rivers, streams, lakes, ponds, springs, reservoirs, impoundments, wetlands and certified vernal pools. TEMPORARY STRUCTURE : A structure without any foundation or footings to be removed within a twelve-month time period. Said structure shall conform to the requirements of the Table of Dimensional Requirements and shall receive a permit from the Building Commissioner. TOURIST HOMES, ROOMING OR LODGING HOUSES : A dwelling unit in which more than three persons are housed or lodged for hire by the day, week or month, either with or without meals. Such use shall not be deemed a home occupation. different than the one subject to the Special Permit; c. An applicant may offer, and the Planning Board, in concert with the Board of Selectmen may accept, donations of land in fee simple, on or off-site that the Planning Board determines are suitable for the construction of an equivalent number of affordable dwelling units. The Planning Board may require, prior to acceptance of land by the Town, satisfaction of the requirements of this Bylaw, that the applicant submit appraisals of the land in question, as well as other data relevant to the determination of value; d. For fractional affordable dwelling units, the applicant may round up to the next whole number of units or choose to pay equivalent fees-in-lieu of units proportionate to the percentage of the unit required; and e. Preservation of existing market-rate dwelling units as affordable dwelling units through the purchase of deed restrictions. 8616. All affordable dwelling units that are constructed on-site under this Bylaw shall be situated within the MUD so as not to be in less desirable locations than market-rate units in the MUD and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units. The Site Plan shall identify those lots/locations selected for affordable dwelling units. 8617. With the approval of the Planning Board, as an alternative to the requirements of Section 8610, an applicant subject to the Bylaw may develop, construct or otherwise provide affordable dwelling units equivalent to those required by Section 8610 off-site. To the maximum extent practicable, all requirements of this Bylaw that apply to on-site provision of affordable dwelling units shall apply to provision of off-site affordable dwelling units. In addition, the Planning Board shall approve the location of the off-site units to be provided as an integral element of the Special Permit review and approval process. 8618. As an alternative to the requirements of Section 8610 and as allowed by law and with the approval of the Planning Board, an applicant may contribute an amount in cash equal to the costs of construction such affordable dwe SECTION 3000. USE AND TIMING REGULATIONS 3100. PRINCIPAL USES. No land shall be used and no structure shall be erected or used except as set forth in the following Table of Use Regulations, including the notes to the Schedule, or as otherwise set forth herein, or as exempted by General Laws. Any building or use of premises not herein expressly permitted is hereby prohibited. 3110. Symbols. Symbols employed in the Table of Use Regulations shall mean the following: Y.Permitted as of right N.Prohibited BA Special Permit/Board of Appeals PB Special Permit/Planning Board BOS Special Permit/Board of Selectmen 3120. If Classified Under More than One Use. Where an activity may be classified as more than one of the principal uses listed in the Table of Use Regulations, the more specific classification shall determine permissibility; if equally specific, the more restrictive shall govern. 3130. Table of Use Regulations. SEE APPENDIX A. 3200. ACCESSORY USES 3210. Permitted Accessory Uses in All Districts The following accessory uses are specifically permitted as of right or by special permit: 3211. Accessory Scientific Uses. Uses, whether or not on the same parcel as activities permitted as a matter of right, which are necessary in connection with scientific research or scientific development or related production, may be permitted upon the issuance of a special permit by the Board of Appeals, provided that the Board finds that the proposed use does not substantially derogate from the public good. 3212. Family Day Care Homes. Small family day care homes, are allowed as an accessory use as of right in all districts. Large family day care homes are allowed in all districts only upon the issuance of a special permit by the Board of Appeals. 3220. Nonresidential Accessory Uses. Any use permitted as a principal use is also permitted as an accessory use provided such use is customarily incidental to the main or principal building or use of the land. Any use authorized as a principal use mit shall be limited to five years, or the transfer of the property, whichever first occurs. 3326. does not include sales at retail of foods or materials unless such goods or materials are made on the premises and no more than 300 square feet shall be utilized for this purpose; unless otherwise allowed by the Table of Use Regualtions. 3400. ACCESSORY APARTMENTS 3410. Purpose. For the purpose of (a) providing small additional dwelling units to rent without adding to the number of buildings in the Town, or substantially altering the appearance of the Town, (b) providing alternative housing options for elder residents, and (c) enabling owners of single family dwellings larger than required for their present needs, particularly elderly homeowners, to share space and the burdens of home ownership, the Board of Appeals may grant a special permit in accordance with the following requirements. 3420. Procedure. Accessory apartments may be allowed by special permit, from the Board of Appeals, in accordance with the special permit process in this Zoning Bylaw, as set forth in Section 9300, and provided that each of the following additional criteria are met. 3430. Conditions. 3431. A plot plan of the existing dwelling unit and proposed accessory apartment shall be submitted to the Board of Appeals, showing the location of the building on the lot, proposed accessory apartment, location of any septic system or sewer line, private well or water line and required parking. 3432. One of the two dwelling units shall be occupied by the owner of the property, except for bona fide temporary absence(s). At the hearing on the application for the special permit, the applicant shall provide an affidavit of intent to occupy one of the two dwelling units. Any special permit for an accessory apartment shall lapse if neither unit is owner-occupied. 3433. Not more than one accessory apartment may be established on a lot. The accessory apartment shall not exceed 800 sq. ft. in gross floor space and shall be located in the pri Are attached single family houses (townhouses, 3+ units) listed as an allowed use (by right or special permit)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know" "[INST] Context: viously occupied. Dwelling, Detached Residential Cluster - A dwelling unit having reduced yard, frontage, and area requirements and a provision for open space as conditions of a special permit. (Amended at Annual Town Meeting, 1987.) DWELLING, MOBILE - A movable living unit designed for year round occupancy, sometimes termed a trailer home, whether on wheels or on rigid supports. DWELLING, MULTI-FAMILY - A structure occupied by three or more families living independently of each other. DWELLING, SINGLE-FAMILY - A detached building occupied by a single family and having no party wall, or walls in common with an adjacent structure. DWELLING, TWO-FAMILY - A detached building designed for two families. DWELLING UNIT - A single unit providing complete independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation. (Amended at Annual Town Meeting, 1987.) EARTH REMOVAL - Extraction of sand, gravel, topsoil, or other earth for sale or for use at a site removed from the place of extraction, exclusive of the grading of a lot preparatory to the construction of a building for which a building permit has been issued, or the grading of streets in accordance with an approved Definitive Plan. ERECT - To build, construct, reconstruct, move upon, or conduct any physical development on the premises required for a building. To excavate, fill, drain, and the like preparation for building shall also be considered to erect. ESTABLISHMENTS WHICH DISPLAY LIVE NUDITY - Any establishment which provides live entertainment for its patrons, which include the display of nudity as defined in M.G.L. Chapter 272, Section 31. (Amended by adding 6/7/99 ATM) FAMILY - Any number of individuals living and cooking together on the premises as a single housekeeping unit. FARM - Premises used for gain in the raising of fur-bearing animals. FARM, OTHER STOCK - Premises used for gain in the raising of stock other than poultry, pigs or fur-b es of such club. Does not include golf clubs or sportsmen's clubs elsewhere defined, or clubs or organizations whose chief activity is a service customarily carried on as a business. CLUSTER DEVELOPMENT - An option which permits an applicant to build single family attached and detached units with reduced lot area and frontage requirements, so as to create a development in which the buildings and accessory uses are clustered together into one or more groups with adjacent common open land. (Amended at Annual Town Meeting, 1989.) CONTRACTOR'S YARD - Premises used by a building contractor or subcontractor for storage of equipment and supplies, fabrication of sub-assemblies, and parking of wheeled equipment. COVER - Naturally occurring vegetation: trees, shrubbery, and plant life. DEVELOPMENT - means any manmade change to improve or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. (Amended at Special Town Meeting, October, 1990) DISPOSAL - The deposit, injection, dumping, spilling, leaking, incineration or placing of any hazardous material into or on any land or water so that such hazardous material or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater. (Amended at Annual Town Meeting, 1989.) DWELLING - A building designed or used exclusively as the living quarters for one or more families. DWELLING, ATTACHED RESIDENTIAL CLUSTER - Two (2) or more attached dwelling units, each having individual entrances. (Amended at Annual Town Meeting, 1987.) DWELLING CONVERSION - Change in construction or occupancy of a dwelling to accommodate families in addition to the number by which it was previously occupied. Dwelling, Detached Residential Cluster - A dwelling unit having reduced yard, frontage, and area requirements and a provision for open space as conditions of a special permit. (Amended at Annu ses used, except in conformity with the intensity of use schedule, and no more than one building shall be erected or used on any one lot. 1.7 Correct Information is Applicant's Responsibility: The Planning Board assumes all information presented to it to be true and correct, unless evidence is presented to the contrary. The provision of full, true and correct information and the securing of all necessary rights, releases, licenses and permits from others are responsibilities of the applicant, and the failure to do so shall be deemed to be a reason to disapprove or rescind the approval of a subdivision plan and for other remedial action. 1.8 Waiver: The Planning Board may waive strict compliance with specific provisions of these Rules and Regulations, when such action is in the public interest and not inconsistent with the intent and purpose of the Subdivision Control Law. Specifically, the Board may waive or modify construction requirements for ways upon a condition limiting the lots on which buildings may be erected and the length of time for which the particular buildings may be maintained. Such waivers shall be endorsed on the plan to which they apply or contained in a separate document referred to on such plan. 1.9 Board of Appeals: The Board of Appeals established under Chapter 1, Subsection 1.2 of the Town of Plainville By-Laws shall serve as the Board of Appeals as provided for under Chapter 41, Section 81-Z of the Massachusetts General Laws. 1.10 Subdivision Control Law: For matters not covered by these Rules and Regulations reference is made to Sections 81-K to 81-GG, inclusive, of Chapter 41 of the General Laws. 1.11 Other Applicable Statutes: These Rules and Regulations do not supersede other applicable laws, by-laws, and regulations. Specifically, but without limitation, General Laws, Chapter 140, Section 30, regarding alterations of wetlands, and with Subsection 3.8 of the Zoning By-Law, regarding earth materials removal, apply in all subdivisions and elsewhere. 1.12 Access to Land: Members of the Planning Board and its agents may enter upon any lands and thereon make examinations and surveys, but any person injured by such entry or other acts without his consent may recover damages under General Laws, Chapter 79. 1.13 Application, Review and Inspection Fees: The Planning Board fees shall consist of (1) Application Fee, (2) Review Fee, and (3) Inspecition fees set forth in Appendix N. 1.14 Severability: If any provision of the f land; and to utilize land in harmony with neighboring properties; encourage creative and innovative site planning and design in order to enhance the attractiveness and suitability of smaller homes as a preferred alternative housing type in order to better meet the specific housing needs of this segment of the population and, to promote better utilization of land in harmony with its natural features and to retain the rural character of the Town. Where feasible, new homes shall be organized around traditional village streets. The dwelling units shall be of high quality construction with care being taken in landscaping efforts to retain as much as possible the natural topography of the village environs. To enhance the village concept, the developer should be encouraged to employ historic, traditional and complimentary style, colors, and exterior lighting for all the units as well as street lighting. B. General Standards No special permit shall be issued for a SHD use unless the standards set forth below are satisfied and, in addition no such special permit shall be issued unless all of the criteria for issuance of a special permit as set forth under this Zoning By-Law and under Massachusetts General Law 40A have been satisfied. (1) Minimum Tract Size: A tract of land consisting of not less than ten (10) acres, within residential zoning districts may be developed for the construction of a Senior Housing Development (SHD) Bylaw. (2) Location: The SHD is an overlay zoning district that shall be superimposed on the Single-Family Residential Districts RA & RB, and the General Residential Districts RC & RD of the Town of Plainville. (3) Development under the SHD Bylaw may only be authorized by a Special Permit granted by the Planning Board. (4) No building in the SHD shall be more than two (2) stories in height. (5) All dwelling units shall be detached from others or attached only along sidewalls in the so-called ""townhouse"" style. (6) No unit in the development shall have more than two (2) bedrooms. (7) No dwelling shall be allowed for the transfer of the unit to another eligible occupant. C. Density Incentives (1) Basic Senior Village Bonus. A Senior Village's base density is defined as four housing units per gross site acre except where noted above. To qualify as a Senior Village, a proposal shall, at a minimum: (a) set aside five percent (5%) of the total number of dwelling units provided on the site as affordable housing as defined in this Section; and (b) provide a minimum of thirty percent (30%) of the lot area as permanent, protected open space conforming to the open space standards as set forth in this Section. The minimum 30% open space requirements may be waived by the Board if the proposed Senior Village is within the RD General Residential District and includes the rehabilitation or renovation of a certified, historic or architecturally significant structure for use as senior housing. This enhanced base density for Senior Villages may be further increased according to the provisions below pertaining to: additional affordable housing; additional open space dedication; and rehabilitation of existing buildings. (2) Additional Affordable Housing. In addition to the minimum requirement of five percent (5%) on-site affordable housing, a density increase is permitted where proposals provide on-site housing opportunities for low or moderate income senior households. For the purpose of this Section, affordable housing shall be defined as dwelling units that are sold to, and occupied by, households earning up to 80% of the median area household income, as such median is defined by the United States Department of Housing and Urban Development (HUD). Affordable units shall, by deed restriction, remain affordable in perpetuity. The Planning Board will require that the Developer provide legally enforceable assurances, which are acceptable to the Planning Board, that the-affordable dwelling units will continue to be affordable in perpetuity. Affordable units shall be dispersed throughout the Senior Village and shall be externally indistinguishable from the ma Are attached single family houses (townhouses, 3+ units) listed as an allowed use (by right or special permit)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: Table 8 - Multi-Family and Single-Family Attached Dimensional and Intensity Regulations ,TABLE,8, Multi-Family and,Single Family Attached,Dimensional and Intensity,Regulations ,MINIMUM LOT,REQUIREMENTS, Area,Least Dimension,Front Yard,Other Yard ""86,000"",200 Feet,30' Minor Street,2 Story: 30' ,,60' Collector Street,3 Story: 50' ,,100' Major Street, Net acreage may include up to 5% in water or in inaccessible wetland areas as determined by the Board of Appeals. Lot Utilization: Maximum floor area ratio, gross (FAR,G) =.45 (Total gross floor area/total site area) Minimum floor area net per dwelling unit = 768 sq. ft. Maximum building coverage (incl. accessory) = 25% Parking Requirements: Type Unit Min. Spaces Maximum Area For Parking 1.Bedroom 1.3 25% of site 2.Bedroom 2.0 ---or---3 Bedroom 2.6 Total Car Ratio = 0.83 4.Bedroom 3.0 (Parking area/Net floor area) whichever is least Total gross floor area is measured to the outside line of walls. Minimum useable open space 50% of site, exclusive of all above ground structures and vehicular facilities and rights-of-way. Number of dwelling units depends on the size of unit. G) EnVironmental Design Conditions. Multi-family and single family attached dwellings shall be subject to the following conditions and safeguards in addition to those specified in other sections. 1) Surrounding Areas. The site plan shall insure maximum compatibility with surrounding land uses and structures. The open space should normally create a greenbelt around the project to provide maximum buffering from more intense uses or traffic, to ease the transition to residential areas of lower density and preserve the overall natural character of the Town as much as possible. Where necessary, the Board of Appeals may specify adequate buffer planting. Where the site adjoins single family residential areas, the build 5) Accessory buildings. Accessory buildings, may be constructed in front of side yards as described previously. No accessory building may be constructed more than two (2) stories high or within six (6) feet of any other building of the same lot. All walls of accessory buildings which face adjacent lots shall have a triangular yard space as described in 4. above, It is recommended that any accessory buildings be placed to help define yard spaces or to create privacy for yard spaces. 6) Walls and other site elements. It may be required where considered necessary by the Board of Appeals, that permanent walls, fences, hedges, or other plant materials be used to define exterior yard space§ and to increase privacy for windows or yard spaces. Any such structures must be of compatible and durable nature. These elements should be carefully placed in relation to structures and yards and should contribute to a sense of variety and spatial enclosure along the street. 401.07 Mixed Density (R-20MD) A) Intent. To encourage compact development within the various villages of the Town and thus discourage haphazard sprawl or scatteration of development further into rural areas. B) Allowed Uses. All uses allowed in R-20SL zones. C) Special Permit Uses. All uses authorized by special permit in R-20SL zones except those subject to Environmental Design Conditions and all village density development uses. D) Special Permit Uses Subject to Environmental Design Conditions. All uses authorized by special permit subject to Environmental Design Conditions in R-25 zones and all village density development uses. E) Special Permit Uses Subject to Adequate Facility Conditions Village density development F) Prohibited Uses. All uses prohibited in R-40 zones. G) Dimensional and Intensity Requirements. See Table 5. 401.08 Multi-Family (R-20MF) A) Intent. To encourage compact development, thus discouraging scattered, sprawling, inefficient patterns of development. To provide alternative types of housing for people of differing housing needs. To insure adequate open areas and high design quality through Environmental Design Conditions. B) Allowed Uses. All uses allowed in R-20SL zones. C) Special Permit Uses. All uses authorized by special permit except those subject to Environmental Design Conditions in R-25 zones. D) Special Permit Uses Subject to Environmental Design Conditions. 1)-- All uses authorized by special permit subject to Environmental Design Conditions in R-25 zones. 2)-- Multi-family and single family attached dwellings subject to the Environmental Design Conditions specified herein. E) Prohibited Uses. Any use prohibited in R-40 zones. F) Dimensional and Intensity Requirements. See Table 5, Table 8 and Table 9 herein. Existing conditions on adjacent lots including generalized topography, tree coverage, and distance of existing structures from lot lines; +++Schematic plan of proposed uses of land and exact size, shape and location of all proposed structures, including walls and fences, +++ Parking, screening, landscaping and any other site elements required under this bylaw; +++ Proposed finish grading at two (2) foot contour intervals, and all provisions for drainage affecting the site or adjacent properties, +++Such other information as the-Building Inspector may reasonably required; including a plan of the entire subdivision in the case of single-family homes. **Webmasters Note: The previous subsection (A) has been amended as per Case No. 1855 dated 10/22/01. For additions to existing single family homes, or for additions to other uses which would be less than five hundred (500) square feet in area, which would not be in any required yard, the Building Inspector may require only the size and shape of the lot, the existing structure and the proposed addition. 1) Notice to Utilities: Accompanying the application plan shall be certification on a form provided by the Building Department, that notification of any proposed excavation in abutting streets, private rights-of-way and easements has been given to all appropriate public utility companies as determined by the Building Inspector, including but not limited to utility companies providing electricity, gas and telephone service. B.Approved Plan. Within fourteen (14) days of the receipt of complete application for a single-family detached and two-family detached dwelling and within thirty (30) days for other uses, and after proper review, and consideration of any decisions rendered by Town boards having jurisdiction, the Building Inspector shall mark and sign all copies of the plans as approved, approved conditionally, or disapproved. He may mark minor required changes in red in the case of conditional approval or may require the plans to be redrawn with corrections. Where the plans or other material suggest potential s 2. Inapplicability: This bylaw shall not apply to developments of one or more single-family units at a net density of one unit per sixty thousand (60,000) square feet or less: provided, however, that such developments shall be encouraged by the Town to be sited so that potential future development and of redevelopment opportunities are enhanced. 3. Exemption: The erection of a single or two-family house on any lot of record existing as of the effective date of this bylaw shall be exempt from the provisions and operation of this section. Also exempt is any lot shown on a plan endorsed by the Planning Board as ""Approval Not Required"", provided that the subject frontage is not created by a plan approved and endorsed under the Subdivision Control Law after the effective date of this bylaw. C. Procedures 1. Procedures and requirements for review and approval of special permits pursuant to this provision shall be the same as those prescribed in Section 205.01 generally for special permits, as supplemented and modified by the additional administrative and submission requirements of Section 205.03B with respect to Environmental Design Conditions and as supplemented or modified herein. For the purposes of Section 205.04 the Planning Board is hereby designated as the Special Permit Granting Authority. 2. The applicant shall further be required to submit all of the following information with respect to the proposed development: (A). Number of dwelling units by type (e.g., single family, duplex, multi-family) in the proposed development; (B). The number of bedrooms per unit; (C). Projected sewage flow generated per unit, as defined by Title V of the State Sanitary Code and the Town of Plymouth Board of Health. (D). Projected water supply demand per unit; (E). Width, grade and construction of the streets serving the proposed development and affected major intersections; (F). Projected generation rates for highway usage; (G). Existing volumes, capacities and ""level of service"" g two (2) dwelling units, designed for occupancy by not more than two (2) families. MULTI-FAMILY - A residential building designed for or occupied by two or more families, with the number or families in residence not exceeding the number of dwelling units provided. PATIO HOUSE - A dwelling unit allowed only in Planned Unit Developments, normally on a small lot, which may be either single family detached or attached, which often spans the entire width of the lot, and which is designed to create a private outdoor patio. SINGLE FAMILY DETACHED - A detached residential dwelling unit, other than a mobile home, designed for and occupied by one family only. SINGLE FAMILY ATTACHED - A single family residence which is attached to another single family residence by a roof, carport, breezeway, or a common party wall; commonly called a Townhouse or Rowhouse. TOWNHOUSE A form of single family attached dwelling unit which embodies separate units, normally with front and rear entrances and private yard space, and utilizing party wall construction. ELDERLY - for purposes of Section 311, elderly persons fifty-five (55) year of age or older., ELDERLY HOUSEHOLD - A household in which all permanent occupants are persons fifty-five (55) years of age or older. FAMILY - One or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage, no such family shall contain over five persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a family or families. FAST FOOD ESTABLISHMENT - see drive-in Restaurant or Fast Food Establishment. FILLING STATION OR SERVICE STATION - Buildings and premises where gasoline, oil, grease, and automobile accessories may be supplied and dispensed at retail, and where in addition minor or routine servicing and repair may be performed. FRONTAGE - That portion of a lot contiguous with a street or street right of way line and providing access thereto. FLOOR AREA, GROSS - The sum of the areas of each floor in a building measured from the exter Are attached single family houses (townhouses, 3+ units) listed as an allowed use (by right or special permit)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: ee or more lots needs a Special Permit from the Zoning Board of Appeals. CLUB - a body or association owning or hiring space in a building or operating an activity for the use of its members. CONDOMINIUM - the land, the building, or buildings, all other improvements and structures thereon and all easements, rights and appurtenances belonging thereto, which have been, or will be, subject to the provisions of Chapter 183A, MGL. COOPERATIVE APARTMENT - (define) DWELLING, ONE-FAMILY - a free standing building exclusively for residential use by one family. DWELLING, TWO-FAMILY - a free standing building exclusively for residential uses by two families but not more than two families. DWELLING, THREE FAMILY - a free standing building used exclusively for residential uses by three families but not more than three families. DWELLING CONVERSION - conversion of a dwelling structure to accommodate not more than three dwelling units. See Section 7.8. DWELLING UNIT - a building or a portion thereof, constructed for residential purposes and containing cooking and bathroom facilities See Section 10.2. DULY CHARTERED MEMBERSHIP CLUB - meaning not clear (See GL 138:1). EDUCATIONAL AND RELIGIOUS USES - land or structures used for religious purposes on land owned or leased by a religious sect or denomination, or by a nonprofit educational corporation (Not subject to regulation other than reasonable provision concerning the bulk and height of structures and yard sizes, lot areas, set backs, open space, parking and building coverage). FAMILY - one person or several persons related by blood, marriage, or adoption and sharing cooking, storage, bathroom, living, and sleeping facilities in a dwelling as a single housekeeping unit; provided that a family may include not more than four additional persons not related to others by blood, adoption, or marriage, sharing such facilities and not having a tenant-landlord, foster home, lodger or boarder relationship with other occupants. FAMILY DAY CARE HOMES - As defined in Section Nine of Chapter Twenty-Eight A and Massachusetts General Laws Chapter 40A, Section 3, are allowed by right in all districts. Departmental Site Plan Revie urface exclusive of driveways, for each motor vehicle stored overnight or longer by any resident of said building. 10.4 APARTMENT BUILDING(s) ROW HOUSES COMPLEX(es) AND CONDOMINIUM BUILDINGS(s) CONTAINING FOUR OR MORE DWELLING 10.4.1 Applicability and Procedure The following criteria shall apply to all requests for multi-family residential developments. A special permit for multi-family development shall be subject to the procedures set forth in Sections 3.4, 3.5 and 3.6 inclusive. 10.4.2 General Criteria: In considering the granting of a special permit for the establishment of apartments, row houses, and other forms of multi-family structures, the Municipal Council (Council) shall take into consideration the needs of the community, the effect of the development upon the neighborhood and the community in terms of environmental impacts, socioeconomic impacts, municipal facilities, utilities, drainage, traffic, landscaping, and the health and welfare of the inhabitants, If, after consideration, the Council determines that the development is not in the best interest of the city for any of the aforementioned reasons, the application for said permit shall be denied. 10.4.3 General Requirements For each development, the applicant shall submit twenty (20) copies of the proposed site plan to the City Planner's office in accordance with the Site Plan Review procedures of Section 15. 10.4.4 The Site Plan The site plan shall conform to the standards set forth in Section 15.6.1. 10.4.5 Dimensional Criteria The dimensional criteria for multi-family residential structures shall conform to the standards set forth in Section 6.3. 10.4.6. Development Density Multi-family developments in the Urban Residential District shall have a maximum density of 6 units per buildable acre. In determining net buildable area for new construction, no wetland or flood plain areas (FIRM Zone A or the Taunton Flood Hazard District) shall be calculated into the buildable area - i.e. if total area equals 20 acres of which 10 acres are wetland or flood plain, the net buildable area is 10 acres and the allowed density is 10 acres x 6 u ccupants. FAMILY DAY CARE HOMES - As defined in Section Nine of Chapter Twenty-Eight A and Massachusetts General Laws Chapter 40A, Section 3, are allowed by right in all districts. Departmental Site Plan Review is required. GROSS FLOOR AREA - the sum of the areas of the several floors of a building; not including cellars, parking area, or heating and ventilating equipment areas. GROUP DWELLING UNIT - A dwelling unit licensed by or operated by the Department of Mental Retardation or the Department of Mental Health as special residence set up to four (4) persons who may or may not be capable of self preservation from fire or other related hazards. GROUP RESIDENCE - a dwelling designed, intended, or used for occupancy by several adults not related by blood, marriage, or adoption who use in common some or all of the cooking, storage, bathroom, and living facilities and require no special training, care, or treatment. (See Section 10.2, Special Permits) HALFWAY HOUSE - an intermediate care center which provides temporary residential accommodation, guidance and supervision for three or more persons. (See Section 10.2) HISTORIC FACILITY : (define) INDUSTRIAL ACTIVITY - any manufacturing, processing, warehousing or commercial non-retail activity. LIMITED GROUP RESIDENCE - A building licensed by or operated by the Commonwealth Department of Mental Health or the Office for Children as a limited group residence. This is a residence for people not capable of self preservation. LINE, STREET - the side lines of a public way as laid out; the side lines of a way shown on a plan approved in accordance with the Subdivision Control Law; as to all other ways, two lines parallel to the center of the traveled way and twenty-five (25) feet distant from said centerline. LOT - an area of land in one ownership, with definite boundaries, used, or available for use as the site of one or more buildings, of which not more than 15% of the area shall be determined to be wetlands. Permanent water bodies shall not be calculated as part of total lot area for any lot in any zoning district. LOT LINE, FRONT - the line of any lot continuously abutting a street line as defined. On any lot bo ultifamily development, if applicable. Comparability. Affordable units shall be dispersed throughout the site and shall be compatible with, and as nearly indistinguishable from, market-rate units in terms of external appearance. Family Units. Except as otherwise provided by the authority granting the Special Permit, affordable units shall contain two or more bedrooms and shall be suitable in type and design for family occupancy. Public Land. Any residential development subject to this Section that is constructed or created on publicly-owned land may be required to provide additional affordable units as determined by the City of Taunton in its disposition program for the site. Options for Provision of Required Units. The low and moderate income units required in Section 14.2.4.3 may be provided in any one or combination of the following ways: (a) Construction of new units on the permit site. (b) Cash payment to the City of Taunton to be administered by the local housing partnership herein established to be used to make available housing units for low and moderate income households in a manner and at locations in conformance with provision of this section). The cash equivalent of the required units, as authorized in (b) above, shall be determined on a yearly basis by the Taunton Housing Development Trust and shall be equal to the current total construction cost of the unit or units required. Affordable units provided through such alternative methods shall comply, in all respects other than on-site location, with the requirements of this Section. 14.2.6 Compliance/Enforcement Affordability Restrictions. Affordable units shall be rented or sold subject to applicable deed covenants, contractual agreements, and/or other appropriate arrangements to assure long-term affordability. Purchase/Lease Options. The City may further require, for itself or its designee, an option to purchase or lease affordable units for amounts consistent with the provisions of this Section. Such option may apply to the initial and any subsequent sale or le SECTION TEN: USES AUTHORIZED BY SPECIAL PERMIT OF THE MUNICIPAL COUNCIL 10.1 PROCEDURES The requirements of Section 10.0 of the Zoning Ordinance of the City of Taunton for documentation and information when submitting an application for Special Permit to the Municipal Council shall apply to all applications for variances from the requirements of the said Section 10.0 submitted to the Zoning Board of Appeals which does not comply with the said requirements shall be determined to have been improperly filed and shall be rejected. The Board of Appeals may authorize use variances for uses and activities not otherwise permitted in the district in which the land or structure is located, provided, however, that no variance allowing the establishment of condominiums, apartments, two family dwellings, or row houses containing two or more dwelling units in any district shall be granted. (See Section 3.3, #3 consistency with use variance decisions) Applications for Special Permits of the Municipal Council shall be submitted as follows: The Zoning Ordinance shall provide for specific types of uses which shall only be permitted in specified districts upon the issuance of special permit. Special permits may be issued only for uses which are in harmony with the general purpose and intent of this ordinance and shall be subject to general or specific provisions set forth therein; and such permits may also impose conditions, safeguards, and limitations on time and use. Refer to Section 3.4 and 3.5 for more information on the special permit process and the Special Permit Granting Authority. 1). The applicant shall submit plans to the City Planner who shall advise the applicant as to the pertinent sections of the Zoning Ordinance. The applicant shall submit the special permit application to the City Planners office for distribution to interested departments and boards for review. The original application shall be submitted to the City Clerk's Office. The special permit application shall be reviewed by the City Planner for completeness before the application is referred to the boards and departments. Plans submitted for review Are attached single family houses (townhouses, 3+ units) listed as an allowed use (by right or special permit)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes" "[INST] Context: 6. Uses Allowed with Special Permit of the Board of Selectmen with Site Plan Approval a. antique shop b. shop or studio of an artist, potter, sculptor, silversmith, woodcarver, or similar craftsman c. office of a doctor, dentist, lawyer, accountant, architect, engineer, or similar professional, provided that for the above uses, the following shall apply: (i) all work and storage shall be conducted within the building and no more than three full-time employees or their equivalents, shall be employed on the premises; (ii) the use is conducted within a building owned by the Town of Weston, which building has a gross floor area equal to or less than 1500 s.f. and been designated by the Weston Historical Commission as a building of historic significance; (iii) all proposed interior and exterior renovations of the building and the site have been reviewed by the Historical Commission and the Historical Commission has issued an advisory report that such renovations will not adversely affect the historical integrity of the building and the site on which it is located; (iv) the Board of Selectmen finds that the impacts on the neighborhood expected to be generated by the proposed use are consistent with other uses permitted in Single Family Residence Districts; (v) the use may be subject to such further terms and conditions as shall be deemed appropriate by the Board of Selectmen in order to preserve the integrity of the historic building and to protect the surrounding neighborhood from detrimental impacts. C. MULTIPLE DWELLING DISTRICTS (A and B) 1. By-Right Uses a. Single Family Residence containing one housekeeping unit only, conforming to Single Family Residence District A requirements; b. Preservation of a lot in its natural condition; fields, pastures, woodlots, and orchards; greenhouses for private use; farm; sale or offering for sale of farm products by owner or resident tenant pro educational corporation, in accordance with G.L. c. 40A, §3; and iii. Child Care Facility, in accordance with G.L. c. 40A, §3; provided that: off-street parking is provided in accordance with Section VIII.A ""Regulations for off-Street parking"" and height, setbacks and lot area are maintained in accordance with the requirements for the District in which the land, buildings, or structures are located. d. Upon issuance of a special permit, activities necessary in connection with scientific research or scientific development or related production, which are accessory to activities permitted in the district as a matter of right, provided the Special permit Granting Authority finds that the proposed accessory use does not substantially derogate from the public good. 4. All other uses of buildings, structures and land shall be subject to the requirements and limitations set forth in this Zoning By-law for the zoning district(s) in which the particular building, structure or land is located, including, Accessory Uses in connection with lawful Principal Uses. Accessory Uses are subject to the same special permit and/or site plan approval requirements as the principal use(s) served. B. SINGLE FAMILY RESIDENCE DISTRICTS (A, B, C and D) 1. By-Right Uses a. Unless located on a lot which bounds on a Scenic Road as defined in Section II, single family detached dwelling containing one housekeeping unit only, together with accessory buildings not containing a housekeeping unit. The number of such dwellings with such accessory buildings on any one lot shall not exceed the number which can be located thereon in conformity to Section VI, Subsection F.2., ""Numbers and Location of Dwellings on One Lot""; The Residential Gross Floor Area ""RGFA"" of any new or replacement single family dwelling use constructed pursuant to a building permit issued on or after October 29, 1998, may not exceed the greater of 3,500 s.f. or 10% of the lot ar by the intersecting sidelines of any street or way, whether public or private, and a line joining each sideline at points 35 feet distant from the point of intersection of the sidelines: in the case of rounded corners the distance shall be measured from the point of intersection of the side lines when projected. The provisions of this Subsection shall not require the removal of any existing tree whose entire foliage is not less than 10 feet above its base and whose trunk is not of a size or shape to obstruct the view of traffic for operators of motor vehicles. 2. Number and Location of Single Family Dwellings on One Lot Except as may be permitted in an AARD, the number and location of single family dwellings on any one lot shall be such that every dwelling (and its accessory structures) can be provided sufficient land to form a separate lot which will itself be in full conformity to the regulations of this Section VI, and on which every dwelling (and its accessory structures) will be in full conformity thereto; and upon alienation of any such dwelling it shall be provided with such a lot and every dwelling remaining on the original lot shall be left capable of being provided with the same. 3. Gross floor Area Limitation In all Single Family Residence Districts, for any use other than single family detached dwelling, church, or other religious purpose, educational purpose if conducted by a religious or non profit entity, or municipal purpose, the gross floor area (as defined in the State Building Code) of any buildings and parking structures divided by the total lot area shall be no greater than 0.10; and all lots and structures relating to any such use shall conform to the dimensional requirements of the residential district where they are located. Any project granted Site Plan Approval by the Planning Board before April 18, 1991 is not subject to the provisions of the paragraph provided that such project obtains any required Special Permit by May 6, 1992. G. ACCESSORY APARTMENT The Special Permit Granting Authority may authorize, in any Residential District, the alteration of a Sing SECTION I. PURPOSES AND VALIDITY A. PURPOSES The purposes of this Zoning By-law are to promote the health, safety, convenience, morals and welfare of the inhabitants of the Town and to accomplish all other lawful objectives of zoning, including, but not limited to, the purposes and objectives set forth in Section 2A of Chapter 808 of the Acts of 1975. B. VALIDITY The provisions of this Zoning By-Law are severable and if provisions, or the application of such provision to any property, person or circumstances, shall be determined by judicial process to be invalid, such invalidity shall not be construed to affect the validity of any other provision or the application of any provision to any other property, person or circumstances. If in a Single Family Residence District any such regulation shall be held, by judicial process to be invalid with respect to any property, that property thereafter shall be subject to the comparable regulation applicable in the class of single family residence district next following in the alphabetical designation found in Section IV, Subsection a ""District Designations"". whether full or part-time, in addition to the occupant shall work at the premises at one time; (viii) that traffic generated by such occupation is not inconsistent with traffic usually associated with a single family residence and there is adequate parking on the lot screened from abutting properties; (ix) that it does not create a hazard to health, safety, or welfare; (x) That there is no evidence of the occupation or occupations through persistent or excessive sound, vibration, dust, heat, glare, odor, or light discernible at the boundaries of the premises or through interference with radio or television reception or other communications equipment. (xi) That, where required, there is compliance with Section V, Subsection B.5. 2. By-Right Uses Allowed With Site Plan Approval a. Privately owned and operated park or playground; b. New or replacement single family dwelling, together with accessory buildings not containing a housekeeping unit, in conformity with Section VI.F.2., which is constructed pursuant to a building permit issued on or after October 29, 1998, and which is located on a lot bounding on a Scenic Road as defined in Section II. c. New or replacement single-family dwelling, together with accessory buildings not containing a housekeeping unit, in conformity with Section VI, subsection F.2, which is constructed pursuant to a building permit issued on or after October 29,1998 and which exceeds the RGFA limit provided in Section V.B.1.a. 3. Uses Allowed With Site Plan Approval and By Special Permit a. Private cemetery; b. Noncommercial club; c. Family day care; d. Day camp; e. Philanthropic or charitable institution, but not a correctional institution or place of detention; f. Accessory use by not more than one business entity of a railroad station existing as of May 1, 1979, provided that no more than four persons are regularly engaged in the activi Are attached single family houses (townhouses, 3+ units) listed as an allowed use (by right or special permit)? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know" "[INST] Context: two years, shall lose its protected status and be subject to all of the provisions of this zoning by-law. 2256. Reversion to Nonconformity. No nonconforming use shall, if changed to a conforming use, revert back to a nonconforming use. 2260. Accessory Apartments. 2261. Purpose. For the purpose of enabling elderly (as defined by 55 years of age and older) and/or handicapped persons to provide small additional dwelling units to rent or reside in without adding to the number of buildings in the Town, or substantitially altering the appearance of the Town for the reason of (a) enabling elderly/handicapped owners of single family dwellings to share space and the burdens of home ownership or (b) providing an alternative housing option for elderly/handicapped persons. Accessory apartments shall not be allowed in a Townhouse Development pursuant to Section 3900. An accessory apartment is incorporated within or attached to a single-family dwelling and is a subordinate part of the single-family dwelling and complies with the criteria below. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held on 5/21/07. 2262. Procedure. The Zoning Board of Appeals may issue a Special Permit for an accessory apartment only within a single-family home. Each of the following. conditions shall be met to qualify for an accessory apartment. 2263. Requirements. a. The gross (floor) living area shall not be greater than or be limited to eight hundred (800) square feet. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held on 5/21/07. b. Once an accessory apartment has been added to a single-family residence, the accessory apartment shall never be enlarged beyond the eight hundred (800) square feet, c. The owner(s) of the residence in which the accessory unit is created must continue to occupy the single-family house as their primary residence. The Special Permit shall automatically lapse if the owner no longer resides at the home. d. The Special update approved at a town meeting held on 6/16/03. 2530. Permit Issuance Limitations. Not more than seven (7) building permits shall be issued in any twelve month period for construction of residential dwellings on any tract of land divided into more than seven (7) lots. 2540. Special Permit. More than seven (7) building permits on a tract of land in a twelve month period may be allowed upon the award of a special permit from the Planning Board. The Planning Board may grant a special permit for such permits only where the Board determines that two or more of the following goals are likely to be promoted by the award of a special permit: **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held on 6/16/03. 2541. the impact of the proposed division of land on schools, recreational facilities, and other public facilities is projected to be less than 50% of that feasible by orthodox development on the parcel; or 2542. the proposed division of land preserves open space, unique natural features, and/or agricultural resources; or 2543. the proposed division of land promotes housing for citizens over the age of fifty-five (55). 2550. Divisions Of Land With More Than 70 Lots. Where a tract of land will be divided into more than seventy (70) lots, the Planning Board may, by special permit, authorize development at a rate not to exceed ten percent (10%) of the units per year, in order to permit build-out of the project within a reasonable time. 2560. Extension of Zoning Freeze. The pro space shall be conveyed in conformance to the requirements provided in the Rules and Regulations Governing Townhouse Development Special Permits. 3955. Any proposed open space, unless conveyed to the Town or its Conservation Commission, shall be subject to a recorded restriction enforceable by the Town, providing that such land shall be perpetually kept in an open state, that it shall be preserved for the uses listed in Section 3951, and that it shall be maintained in a manner that will ensure its suitability for its intended purposes. 3960. Design Standards The following design standards are required: 3961. Buffer Areas: All dwellings and structures shall be located a minimum of sixty (60) Feet or may be reduced to a minimum of forty Feet (40) for over 55 housing at the Planning Boards discretion from adjacent properties, and one hundred (100) feet from adjacent surface waters or wetlands. Buffer areas shall be retained in their natural vegetative state to the maximum extent feasible, where the sixty (60) foot buffer or forty Feet (40) for over 55 housing of natural vegetation is not adequate (in the Planning Board's opinion) to screen the development from adjacent properties the Board may require additional plantings, earth berms and/or fencing. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held on 5/21/07. 3962. Building Envelope: All site plans shall locate a building envelope radius of forty (40) feet or thirty Feet (30) for over 55 housing from the outside edge of a townhouse building or group of buildings. Open space, ways, lanes and collectors may not be located within the building envelope. Parking, driveways, sidewalks, individual unit gardens/lawns etc. may be developed within the building envelope. For the minimum setback between buildings see the following Section 3963. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held on 5/21/07. 3963. Architectural style Architectural style shall be in harmony with the prevailing character and scale of buildings in the neighborhood and the Town through the use of appropriate building materials, (2) Minimum site of 5 acres in RA District 2240. Accessory Buildings and Uses. Any use permitted as a principal use is also allowed as an accessory use, as are others customarily accessory and incidental to permitted principal uses. 2241. Home Occupations As of Right. Businesses or professions incidental to and customarily associated with the principal residential use of premises may be engaged in as an accessory use by a resident of that dwelling; provided, however, that all of the following conditions shall be satisfied: a. The occupation or profession shall be carried on wholly within the principal building, or alternately the home occupation may be carried on within a structure accessory thereto. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held on 5/16/05. b. Not more than thirty (30) percent of the combined floor area of the residence and any qualified accessory structures shall be used in the home occupation. c. No person not a member of the household shall be employed on the premises in the home occupation. d. The home occupation shall not serve clients, customers, pupils, salespersons, or the like on the premises. e. There shall be no sign, exterior display, no exterior storage of materials, and no other exterior indication of the home occupation, or other variation from the residential character of the premises. f. No disturbance, as defined in Section 3600, shall be caused, nor shall the home occupation use or store hazardous materials in quantities greater than associated with normal household use. (amended ATM 5/22/00/app AG 6/29/00) g. Traffic generated shall not exceed volumes normally expected in a residential neighborhood. 2242. Home Occupations by Special Permit. Businesses or professions incidental to and customarily associated with the principal residential use of premises may be engaged in as an accessory use by a resident of that dwelling upon the issuance of a special permit by the Board of Appeals; provided, however,that all of the following condit Section 3.00 General 3.01 Limitation of One Dwelling on Any Lot Not more than one building designed or available for use for dwelling purpose shall be erected or placed or converted to use as such on any lot in a subdivision, or elsewhere in the Town of Carver without consent of the board. Does zoning include any provisions for housing that is restricted by age? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes. " "[INST] Context: d occupied only by Eligible Households. d. The QSGOD shall not include the imposition of restrictions on age upon the entire District, but the development of specific Projects within the QSGOD may be exclusively for the elderly, persons with disabilities, or for assisted living, provided that any such Project shall be in compliance with all applicable federal, state and local fair housing laws and regulations and not less than 25% of the housing units in such a restricted Project shall be restricted as Affordable Housing. e. At least 10% of the Affordable Housing Units shall be handicapped-accessible. 4. Design and Construction. Units of Affordable Housing shall be finished housing units. Units of Affordable Housing shall be dispersed throughout the development of which they are part and be comparable in initial construction, quality and exterior design to other housing units in the development. The total number of bedrooms in the Affordable Housing shall be proportionate to the total number of bedrooms in all the units in the Development Project of which the Affordable Housing is part. 5. Affordable Housing Restriction. Each unit of Affordable Housing shall be subject to an Affordable Housing Restriction which is recorded with the appropriate registry of deeds or district registry of the Land Court and prior to such recording has been approved by DHCD. Such Affordable Housing Restriction shall contain the following: a. Specification of the term of the affordable housing restriction which shall be the maximum period allowed by-law but not less than ninety nine years; b. The name and address of a Monitoring Agent with a designation of its power to monitor and enforce the affordable housing restriction; c. A description of the Affordable Homeownership Unit, if any, by address and number of bedrooms; and a description of the overall quantity and number of bedrooms and number of bedroom types of Affordable Rental Units in a Project or portion of a Project which are rental. Such res are usually carried above roofs and are not used for human occupancy. (4) Deleted in its entirety at Adjourned Annual Town Meeting April 9, 1985. (5) This restriction does not apply to above-ground swimming pools. (6) Apartments--See Section VII for requirements. (7) No restriction. (8) Permit from the Planning & Zoning Board. (9) No industry which produces dust, fumes, smoke, odors, noise, or pollutants of any type shall in the future be constructed or placed on a parcel of land in the industrial zone within five hundred (500) feet of any church, school or dwelling, existing or in the process of being erected at the time of adoption of this by-law. (10) Where present buildings on adjoining lots are less than twenty-five (25) feet from the front lot lines, new buildings may be placed as near the way as the average of the buildings on said adjoining lots. A vacant lot shall, for this purpose, be treated as so occupied by a building set back twenty-five (25) feet. (11) Deleted Special Town Meeting 1/23/95 (12) Continuous minimum Lot Width shall require that each RESIDENTIAL LOT shall have 150 feet of frontage width, and at least 100 feet of horizontal distance between the side lot lines at the minimum front yard depth of 100 feet for residential lots. (13) Continuous minimum Lot Width shall require that each BUSINESS LOT shall have 150 feet of frontage width, and at least 100 feet of horizontal distance between the side lot lines at the minimum front yard depth of 125 feet for business lots. (14) Continuous minimum Lot Width shall requir out construction related to the provision, within the Project, of units that are accessible to the disabled. The marketing plan must be approved by DHCD prior to the issuance of a building permit for a Development Project. 2. Number of Affordable Housing Units. For all Projects, not less than twenty percent (20%) of the total housing units constructed in a Project shall be Affordable Housing. For all Projects where the Affordable Units proposed are Rental Units not less than twenty five percent (25%) of total housing units in any building containing rental units shall be Affordable Housing; provided, however, that 20% of such units may be affordable where restricted to households earning less than 50% of area median income. For purposes of calculating the number of units of Affordable Housing required within a Project, any fractional unit shall be deemed to constitute a whole unit. 3. Requirements. Affordable Housing shall comply with the following requirements: a. For an Affordable Rental Unit, the monthly rent payment, including utilities and parking, shall not exceed 30 percent of the maximum monthly income permissible for an Eligible Household, assuming a family size equal to the number of bedrooms in the unit plus one, unless other affordable program rent limits approved by the DHCD shall apply. b. For an Affordable Homeownership Unit the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowner's association fees, insurance, and parking, shall not exceed 30 percent of the maximum monthly income permissible for an Eligible Household, assuming a family size equal to the number of bedrooms in the unit plus one. c. Affordable Housing required to be offered for rent or sale shall be rented or sold to and occupied only by Eligible Households. d. The QSGOD shall not include the imposition of restrictions on age upon the entire District, but the development of specific Projects within the QSGOD may be exc lid wall or fence not to exceed six feet in height, complemented by suitable plantings, may be substituted for such landscape buffer strip. The strip may be part of the yard area. H) No apartment dwelling units shall be allowed in a basement story. 7-3. MOTELS For any building or buildings intended for use as a motel to be constructed, the following conditions shall apply: A) Screening and buffers shall be required along the side lot lines. This strip shall be at least 20 feet in width; it shall contain a screen of trees and shrubs at the time of occupancy of such lot and shall be maintained by the owners. A solid wall or fence, not to exceed six feet in height, complemented by suitable plantings, may be substituted for such landscape buffer strip. The strip may be part of the yard area. B) Each rental unit shall contain not less than two hundred (200) square feet of habitable floor area. C) The site shall be provided with not more than two motor vehicle driveways for each abutting street that shall intersect the abutting street or streets at ninety degrees. 7-4. ESTATE LOTS The Planning and Zoning Board may grant a special permit for development on a lot in the Residential District with less than the required amount of frontage, according to the criteria for ""estate lots"" as set forth herein. Estate lots shall comply with all of the General Requirements set forth in subsection A below, and with the requirements for pre-existing estate lots or newly-created estate lots in subsections B or C, as applicable. A) General Requirements 1. The applicant shall submit an Approval Not Required (ANR) Plan under the Subdivision Control law depicting the estate lot and the conforming lots (if any). The Approval Not Required Plan shall take the place of the plan otherwise required for special permit applications. 2. A building area shall be designated on the plan, and the width of the estate lot at the widest portion of the building area shall SECTION VII SPECIAL PROVISIONS 7-1. The following uses may be permitted as designated in Section V. 7-2. APARTMENTS, MULTIPLE OR ATTACHED DWELLINGS For any building intended for three or more dwelling units to be constructed, the following conditions shall apply: A) Maximum number of bedrooms per 60,000 square-foot lot: 3 bedrooms. The maximum number of bedrooms per dwelling unit shall not exceed 3. B) In the case of lots in excess of 60,000 square feet in area, the requirements shall be the same as set forth herewith with the exception that 20,000 square feet of land shall be required for each single bedroom dwelling unit and 20,000 square feet of land shall be required for each additional single bedroom. However, in no case shall the maximum number of bedrooms in any building exceed 10 bedrooms. C) Each dwelling unit shall have two separate exits. D) Inner courts shall not be permitted. E) There shall be a paved driveway a maximum length of 200 feet from the front lot line, paved walk, unobstructed way or any combination thereof, adequate to accommodate fire apparatus within forty feet of the building. F) Automobile parking spaces shall be required within the lot area. There shall be paved parking spaces for automobiles that shall not be less than two automobile spaces for each dwelling unit and reasonably accessible. Such parking spaces shall not be within 15 feet of any lot line. All parking facilities so provided are to be for the exclusive use of residents of the property or their guests. G) Screening and buffers shall be required along the side lot lines. This strip shall be at least 20 feet in width; it shall contain a screen of trees and shrubs at the time of occupancy of such lot and shall be maintained by the owners. A solid wall or fence not to exceed six feet in height, complemented by suitable plantings, may be substituted for such landscape buffer strip. The strip may be part of the yard area. H) No apartment dwelling uni Does zoning include any provisions for housing that is restricted by age? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes. " "[INST] Context: ZONING BY-LAWS (VR) zoning districts. Age Limitation: Occupancy of Independent Living Units shall be limited to one (1) or two (2) primary residents, at least one of whom has reached the age of fifty-five (55) years. Additional individual(s) may reside with the primary resident(s) upon approval by the management. Nothing in this provision shall prevent management from determining that a disabled person of any age is appropriate and suitable for the CCRC. Lot Size Area: The minimum acreage required for a special permit shall be thirty (30) acres, of which a minimum two-thirds (2/3) of the total acreage shall not include a resource area as defined in Article 7.2 (""Freetown Wetlands Protection Bylaw""). Frontage: Every CCRC project must have at least seventy-five (75) feet of frontage. Setback Requirements: Every non-accessory building within the CCRC shall meet the following setbacks: front setback of two hundred (200) feet from street; side and rear setback of one hundred (100) feet from property lines. Every accessory use building within the CCRC shall have a thirty (30) foot setback from all property lines. The distance between proposed buildings shall be no less than thirty (30) feet. Notwithstanding the foregoing, all buildings may be connected by a covered or enclosed walkway, whether or not elevated, within the areas separating buildings. Every accessory use building shall be setback at least thirty (30) feet from all perimeter lot lines. Any and all such setbacks may be required to contain densely planted evergreen screen plants and such additional requirements as the Special Permit Granting Authority may deem necessary to protect the privacy of abutting properties. Density: The maximum bed capacity shall be twenty (20) independent living units per acre on average, and the calculation of maximum density shall not include any assisted living units, nursing home units or medical beds, or any other uses that may be contained within the CCRC. Height: T within five hundred feet of each other: Special permits for Adult Entertainment Establishments may not be located within Five Hundred (500) feet of each other and of any residential zone, single or multiple dwelling, church, park, school, day care facility, or any establishment licensed under the provisions of M.G.L. Chapter 138, §12. b.) Shall not be granted to persons convicted of violating provisions: Special permits for Adult Entertainment Establishments shall not be granted to any person convicted of violating the provisions of M.G.L. Chapter 119, § 63 or Chapter 272, § 28. c.) Issued after a public hearing: Special permits for Adult Entertainment Establishments shall only be issued following public hearings held within 65 days after filing an applications with the Special Permit Granting Authority, a copy of which the applicant shall give to the Town Clerk simultaneously. d.) Shall lapse within one year: A Special permit for Adult Entertainment Establishments shall lapse within one year, including the time required to pursue or await the determination of an appeal filed pursuant to M.G.L. Chapter 40A§ 17, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause. e.) Existing Adult Entertainment Establishments: Any existing Adult Entertainment Establishments shall apply for such permit within ninety days following the adoption of said zoning by-law or by-law by a municipality. 4. COMPLIANCE: a) No building permit shall be issued by the Building Department for any development subject to this section and no construction or installation of utilities or infrastructure shall be started, until a decision of the SPGA approving the plan has been filed with the Town Clerk. b) An as-built plan, as specified under the Rules and Regulations of the Planning Board Governing the Subdivision of Land, certified by a registered professional land surveyor and/or engineer shall be submitted to the SPGA and Building Inspector before the issuance of an occupan ysical activities, games, sewing, library, exercise, locker rooms, etc. Facilities may also include outdoor activities and amenities such as swimming, gardening, walking, putting greens, etc. All Common Facilities shall be designed and maintained in conformance with Massachusetts standards for handicapped accessibility. These facilities shall not be used for commercial purpose and shall be reserved to and for the use of the residents and their guests. COMMON AREA : An area that is intended to provide light and air, and is designed for environmental, scenic, or recreational purposes. Common Area may include, but is not limited to, lawns, decorative plantings, walkways, active and passive recreation areas, swimming pools, streets, wooded areas, and Common Facilities. The Common Area shall not be used for a commercial purpose and shall be reserved to and for the use of the residents and their guests. C. RESTRICTIONS Special Permit: The Planning Board shall have jurisdiction to grant a special permit to allow an ARC use upon submission of a plan that is in conformance with the Town and Special Permit Granting Authority rules and regulations for special permits. The applicant shall also comply with the provisions set forth in Article 11.6 (C), (I), (K), (L) and (M). Zoning: A special permit shall be available in the General Use (G) and Residential (R) zoning districts, but shall be prohibited in Business (B), Industrial (I), Industrial 2 (I2), Open Space and Recreation (OSR), Village Business (VB) and Village Residential (VR) zoning districts. Age Limitation: Occupancy of any unit in an ARC development shall be limited to one (1) or two (2) primary resident(s) at least one of whom has reached the age of fifty-five (55) years. There shall be no more than two (2) primary residents in an ARC Unit. In the event the primary resident(s) needs a full or part-time primary caregiver, then said caregiver may also reside in the unit. In the event the parents of the primary residents need to reside with a primary resident, then there may be more than two (2) residents in a unit, up to a giver, then said caregiver may also reside in the unit. In the event the parents of the primary residents need to reside with a primary resident, then there may be more than two (2) residents in a unit, up to a maximum of two (2) residents per bedroom. Lot Size Area: The minimum acreage for an ARC development shall be not less than ten (10) acres, a minimum two-thirds (2/3) of the overall acreage shall not consist of resource areas as defined under Article 7.2 (""Freetown Wetlands Protection Bylaw""). Frontage: Every ARC project shall have a minimum of one hundred fifty (150) feet of frontage. Setback Requirements: Every non-accessory building within the ARC shall be setback at least seventy-five (75) feet from all perimeter lot lines. The distance between proposed buildings shall be no less than forty (40) feet. Any and all perimeter setback areas may be required to contain densely planted evergreen screen plants and such additional requirements as the Special Permit Granting Authority may deem necessary to protect the privacy of abutting properties. Every accessory use building shall be setback at least thirty (30) feet from all perimeter lot lines. Density: At least twenty (20%) percent of the total lot area shall be set aside as Common Land for use by the ARC residents and their guests. Not more than thirty (30%) percent of the required Common Land shall consist of resource area as defined in Article 7.2 (""Freetown Wetlands Protection Bylaw""). No more than fifty percent (50%) of the total dwellings shall be duplex structures. Dwelling Construction Type: Prohibited from being located or occupied within an ARC are trailers, mobile homes, and manufactured homes or other temporary dwellings or structures. Height: The maximum height of any dwelling shall be the same height as a single family dwelling as set forth in Article 11.17. Parking: The off-street parking space requirement for an ARC shall be a minimum of one (1) parking space for each unit contained therein. No other parking spaces shall be required as a result of other uses permitted to an ARC. No parking area or Does zoning include any provisions for housing that is restricted by age? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes. " "[INST] Context: .1 The purpose of the Retirement Community Overlay District is to provide people over fifty-five (55) years of age the opportunity to live in a residential neighborhood designed specifically for their needs, equipped with the appropriate amenities and located within reasonable proximity to shopping and services. 5.8.2 ALLOWED USES 5.8.1.2 Besides those uses permitted in the underlying districts, a retirement community shall be allowed in a Retirement Community Overlay District by special permit of the Board of Appeals pursuant to section 8 of these by-laws, and subject to the following conditions: a) A retirement community shall consist of structures constructed expressly for use as housing for persons fifty-five or over, on one parcel or on contiguous parcels of land totaling at least thirty acres. b) No building shall be more than two and one-half stories in height. c) Each building shall face either upon an existing street or upon a public or private way constructed within said retirement community, and shall have a minimum front yard of no less than 20 ft. from the edge of the paved way to the closest point of the structure, and a sideyard of no less than 10 ft. from the edge of the paved way to the closest point of the structure. Each building, whether principal or accessory, shall be at least 20 ft. distant from any other building by air line distance between the nearest points of the buildings. d) No dwelling shall contain less than 1,000 sq. ft. of living area or more than 2,400 sq. ft. of living area. At least 66% of the living area in each unit shall be located on the first floor. e) All dwelling units shall be detached from the others or attached only along sidewalls in the so-called ""townhouse"" style. f) The lot or lots on which a retirement community is located shall contain at least 5,000 sq. ft. per unit in the retirement community. g) No part of any principal building shall be within 25 ft. of any exterior lot line, or less than 50 ft. from the side line of a public way. h) Each dwelling unit shall have its own attached yard area. i) Required off street parking for each dwelling unit shall be adjacent theret PROTECTIVE ZONING BY-LAWS d the Zoning By-Laws. Where the meaning of a word or provision cannot be established in this fashion, it shall be interpreted as having the meaning consistent with its customary usage that best furthers the purpose of this Section. 5.10.2.1 ADMINISTERING AGENCY A housing authority, regional non-profit agency or corporation, or other qualified housing entity designated to enforce an Affordable Housing Restriction. 5.10.2.2 AFFORDABLE HOMEOWNERSHIP UNIT An Affordable Housing unit that is subject to an Affordable Housing Restriction requiring its sale to an Eligible Household. 5.10.2.3 AFFORDABLE HOUSING Housing that is affordable to and occupied by Eligible Households. Affordable Housing units created within the AROD meeting the standards set forth in the Code of Massachusetts Regulations at 760 C.M.R. 45.03 shall count as low-or moderate-income units on the Town's Subsidized Housing Inventory, in accordance with the rules of the Department. 5.10.2.4 AFFORDABLE HOUSING RESTRICTION A deed restriction providing for Affordable Housing units on a Building Lot that meets the requirements of this Section and the statutory requirements of Massachusetts General Laws Chapter 184, Section 31. 5.10.2.5 AFFORDABLE RENTAL UNIT An Affordable Housing unit that is subject to a restriction requiring its rental to an Eligible Household. 5.10.2.6 BUILD-TO ZONE That area of a lot located between a line a specified distance from and parallel to the front lot line within which a specified percentage of the facade of the principal structure on such lot shall be located. 5.10.2.7 DEPARTMENT The Massachusetts Department of Housing and Community Development. 5.10.2.8 ELIGIBLE HOUSEHOLD A household whose annual income is equal to or less than eighty percent (80%) of the area median income for the smallest geographical area including the entire area of the Town as determined by the United States Department of Housing and Community Development (""HUD""), adjusted for household size, with income computed using HUD's rules for the attribution of income to assets. 5.10.2.9 LIVE-WORK The use of a dwelling unit fo ordable Homeownership Unit(s), as applicable. 5.10.6.8 Phasing - For Projects developed in phases, the proportion of Affordable Housing units constructed within each phase that contains residential units shall be consistent with the overall proportion of Affordable Housing units in the approved Project. 5.10.6.9 Computation - Prior to the issuance of any Building Permit for the housing component of any Project, the applicant for such building permit shall demonstrate, to the satisfaction of the Plan Approval Authority, that the method by which the rents or purchase prices of Affordable Housing units are computed is consistent with Department or HUD guidelines for affordability applicable to the Town. 5.10.6.10 No Waiver - The Plan Approval Authority may not waive the provisions of Section 5.10.6. 5.10.7 Dimensional and Density Standards 5.10.7.1 Table of Dimensional and Density Standards New construction projects in the AROD shall be subject to the following dimensional and density standards: Minimum Density See section 5.10.4.2 Minimum Lot Frontage 60 feet Maximum Building Height 60 feet Build-to Zone: At least 75% of the front facade of the principal building shall be located within the referenced range from the front lot line 0 to 10 feet Minimum Side Yard Width 0 feet Minimum Rear Yard Depth 20 feet Maximum Lot Coverage 80% Minimum Usable Open Space per residential unit 500 square feet Minimum Floor Area Ratio N/A 5.10.7.2 Usable Open Space Requirement -Reduction in the amount of usable open space required for a project may be permitted at the discretion of the Plan Approval Authority after finding that the Project will include a significant public benefit through the provision of open space, recreation area(s) and/or structures to be used in whole or part for community purposes by the general public. 5.10.8 Parking and Loading Standards 5.10.8.1 Minimum Parking Ratios - Parking for automobiles shall be provided in each Project in the AROD as follows: (a) A minimum of one (1) parking space shall be required for each residential unit with one (1) bedroom. A minimum o on shall be finished housing units, shall be dispersed throughout the Project of which they are part and shall have exteriors that are equivalent in design and materials to the exteriors of other housing units in the Project, although the interior amenities of Affordable Housing units need not be identical to a Project's market rate units. The total number of bedrooms in the Affordable Housing units shall be proportionate to the total number of bedrooms in all the units of the Project of which the Affordable Housing units are a part. 5.10.6.5 Affordable Housing Restriction - Each Project in which Affordable Housing unit(s) are required shall be subject to an Affordable Housing Restriction pursuant to Massachusetts General Laws c. 184 as amended to be recorded and/or filed with the Middlesex County (South) Registry of Deeds or the Land Court Registry District thereof, as applicable, containing the following provisions: (a) Specification of the term of the Affordable Housing Restriction, which shall be perpetuity; (b) Name and address of the Administering Agency for the Affordable Housing Restriction, with a designation of its power to monitor and enforce the Affordable Housing Restriction; (c) Description of the unit(s) of Affordable Housing by address, unit number (if applicable) and number of bedrooms; (d) Reference to a housing marketing and resident selection plan, to which the Affordable Housing unit(s) are subject, which includes an affirmative fair housing marketing program, including provisions for public notice and a fair resident selection process. The housing marketing and resident selection plan shall provide for preferences in resident selection for Hudson residents to the extent consistent with applicable law, and said plan shall designate the household size appropriate for each Affordable Housing unit with respect to bedroom size and provide that the preference for such unit shall be given to a household of the appropriate size; (e) Requirement that residents will be selected at the initial rental or sale and upon all subsequent rentals and sales from a list of Eligible Household Does zoning include any provisions for housing that is restricted by age? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes. " "[INST] Context: ARTICLE VII SUPPLEMENTAL REGULATIONS FOR PERMITTED AND SPECIAL PERMIT USES Sec. 29-21. In General. These regulations either apply to uses permitted by right but subject to reasonable dimensional regulations or to uses permitted by special permit. The regulations pertaining to special permit uses shall be considered findings which the special permit granting authority must find with reasons therefor prior to issuance of a special permit for such a use. Sec. 29-21 (A). Special Permit Findings. The following findings shall be made by the special permit granting authority, in addition to the specific findings per use as noted in Section 29-23, prior to the issuance of a special permit by said authority: (1) The traffic generated by the use will not be detrimental to the neighborhood. (2) The use will not be detrimental to the area in which it is to be located. (3) The use will not result in any objectionable fumes, noise, chemical spills or hazardous wastes. (4) The hours of operation are compatible with the uses in the neighborhood. Sec.29-22. Regulations for churches, schools, federal, state, (a) The minimum lot size shall be that applicable in the district where the use is located. (b) The setbacks shall be those applicable in the district where the use is located. (c) The minimum frontage shall be that applicable in the district where the use is located. Sec. 29-23. General or specific provisions. (a) Day care facility, adult or child. (1) The petitioner shall provide proof that the facility meets the standards promulgated by the Mass. Office for Children and/or Mass. Department of Health. (2) There is an adequate play area for child day care facilities. (b) Conversion of existing dwelling. (1) The dwelling to be converted and the entire lot upon which it is located existed before 1950, and said lot has not been subdivided since 1950. (2) The dwelling is not suitable for single or two family residential use due to its size. (3) The density is no greater than two times the density permitted if the land o vered by the building area. DAY CARE, ADULT . A regularly operated facility which provides instruction or daytime care for persons over the age of 16 who because of age, infirmity, or condition require such care. DAY CARE FACILITY, CHILD . A day care center or a school age child care program, as those terms are defined in M.G.L. Chapter 28-A, Section 9. DAY CARE, CHILD, HOME FACILITY . A regularly operated child care facility, located with the operators home, which provides daytime care to five or less children under the age of 16. Said use shall clearly be an accessory use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use. DISTRICTS . Zoning districts as otherwise provided herein, with uniform requirements for each class or kind of building, structure or use permitted. DORMITORY . A building or portion thereof used for sleeping purposes in connection with a school, college, or other educational or similar institution to be licensed pursuant to M.G.L. Chapter 140, Sections 22 through 31. DWELLING . A building or portion thereof designed or used exclusively as the living quarters for one or more families, except a mobile home, unless otherwise provided herein. DWELLING UNIT . A dwelling or portion thereof, providing complete living facilities for one family, including permanent provisions for living, sleeping, eating, cooking, and sanitation. ONE-FAMILY DWELLING . A building designed for and occupied exclusively as a residence for one family. TWO-FAMILY DWELLING . A building designed for and occupied exclusively as a residence for two families. MULTI-FAMILY DWELLING . A building designed or occupied exclusively as a residence other than as a one-family dwelling or two-family dwelling. EXTENSION . As applied to a building or structure, an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another. FACADE . That vertical portion of a building or structure fronting or facing the street side of a lot, which must contain at leas ,NO,NO Conversion of existing dwelling (§ 29-23,NO,SPSA,SPSA,SPSA,NO,NO,NO,NO,NO,NO,NO ""Group home, halfway house. non- educational (§ 29-23 ff)"",NO,NO,SPSA,SPSA,NO,NO,NO,NO,NO,NO,NO Mobile home,NO,NO,NO,NO,NO,NO,NO,NO,NO,NO,NO ""Reconstruction of pre-existing non- conforming residential use, building or structure (§ 29-23 qq)"",NO,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA Rehabilitation of one or two unit structure 4 (§ 29-23 hh),NO,P,P,P,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA Rehabilitation of multi-family structure 4 (§ 29-23 hh),NO,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA ""Residence, single family (Article V as applicable)"",NO,P,P,P,P,P,P,NO,NO,NO,NO Residence. two family (Article V as applicable),NO,NO,P,P,P,P,P,NO,NO,NO,NO Residence. multi-family (§ 29-23 i or § 29-23 cc as applicable),NO,NO,NO,SPSA,PSR,SPSA,SPSA,SPSA,NO,SPSA,SPSA Substantial addition to an existing dwelling (§ 29-23 gg),NO,SPSA,SPSA,SPSA,NO,NO,NO,NO,NO,NO,NO Temporary mobile home (§ 29-23 vv),P,P,P,P,P,P,P,P,P,P,P 1 Exception: Convenience stores are not allowed in these districts except where proposed use is located on a corner lot which abuts upon a major thoroughfare as defined in this ordinance. Such use will require a special permit from the Zoning Board of Appeals subject to site plan review by the Planning Board and the provisions of Section 29-23(e). 2 Includes all types of alcoholic beverages. 3 Excluding residential uses. 4 All rehabilitation requiring site plan approval must also follow the provisions of Section 29-23 hh 1 Exception: Convenience stores are not allowed in these districts except where proposed use is located on a corner lot which abuts upon a major thoroughfare as defined in this ordinance. Such use will require a special permit from the Zoning Board of Appeals subject to site plan review by the Planning Board and the provisions of Section 29-23(e). 2 Includes all types of alcoholic beverages. 3 Excluding residential uses. 4 All rehabilitation requiring site plan approval must also follow the provisions of Section 29-23 hh. Sec. 29-12. Supplemental Use Regulations. (a) Mixed occupancy. In cases of mixed occupancy, the regulations for each use shall apply to the portion of the building, structure or land so used. asured from the intersection of all respective property lines. (2) There are adequate off-street loading and unloading facilities. (3) Adequate rubbish disposal facilities are located inside or outside the structure and shall be adequately screened/fenced and secured. (vv) Temporary mobile home. (1) The mobile home shall only be located on the site of a residence destroyed by fire or other natural holocaust to be occupied for a period no longer than twelve (12) months while the residence is being rebuilt. (2) The use complies with all the provisions of the State Sanitary Code and the Building Code. (ww) Adult Uses [amended 12/7/93] (1) No Special Permit for use as an adult bookstore, adult videostore, adult motion pictures theatre, adult live shows, adult entertainment center or any use involving matter which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conductor sexual excitement as defined in Sec. 31 of Ch.272 of M.G.L. shall be granted for a building or buildings located within: a. 500 feet radius of any residential district. b. 500 feet radius of a school or any other educational institution, a church, another currently existing or permitted adult bookstore, videostore or adult motion picture theater, adult live show, adult entertainment center or other adult use, or an establishment licensed to sell alcoholic beverages under the provisions of Chapter 138, Section 12 MGL. No one under age twenty one (21) shall be admitted to any location housing an adult use. (2) No adult bookstore, videostore, motion picture theater or other adult use shall be allowed to display for advertisement or other purpose any signs, posters or other like material to the general public on the interior or exterior of the building or, through glass or other like transparent material, any sexually explicit figures or words as defined in Section 31 of Chapter 272 of the MGL. (3) Signage shall be subject to the final approval of the Planning Board with regard to signage requiring a special permit, (xx) Resea n Non-Residential Districts All items listed below are identified as to Maximum (Max.) or Minimum (Min.) for requirement imposed,B-1,B-2,B-3,1-1,I-2,I-3 Lot area per dwelling unit (Min. in sq. ft.),1750,1750,750 (6),-,-,- Total,-,-,-, ,, Lot frontage and width (Min. in feet),-,-,-, -,-,200 Yards (Min. in feet) Front,(1),(1), -,30,30,30 Side,(1),(1), -,25(2),25(2),25(2) Rear,(1),(1),-,""25(2,3)"",""25(2,3)"",""25(2,3)"" Lot coverage (Max. in %) All buildings,(7),(7),(7),50(7),-,""50(4, 7)"" Height of buildings (Max. in feet) Stories Feet,3 45,4 60,12 140,5 75,-,3(5) 45(5) On-site Parking,Table 4,Table 4,(8),Table 4,Table 4,Table 4 On-site Loading,Table 5,Table 5,None,Table 5,Table 5,Table 5 (1) For any dwelling, all yards shall be a minimum of ten feet. (2) Fifty feet when abutting a residential district. (3) Through lot front yard requirements shall apply on both streets. (4) All buildings, structures, and storage areas. (5) Buildings and structures, unless otherwise provided in this ordinance. (6) For buildings or structures exceeding six stories, the lot area shall be 350 f.t. per dwelling unit. (7) Lot coverage for a dwelling shall not exceed 50% of the site. (8) Residential uses shall meet the requirements of Table 4. TABLE 3 Schedule of Dimensional Requirements Within Non-Residential Districts Sec. 29-17. Supplementary Dimensional Regulations. (a) Location of accessory buildings. (1) A community garage, where permitted, or a private garage or an accessory building, if a separate building not within or attached to the principal building, may be erected within a side or a rear yard area; provided, that it is located: (i) At least five feet from the rear and side lot line. (ii) At least twenty feet from each street line of a corner lot in any residential district.s (iii) At least five feet from an abutting alley line. (2) No solid fence, hedge or obstruction exceeding a height of three feet and within ten feet of a driveway may project into a front yard area for a Does zoning include any provisions for housing that is restricted by age? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know. " "[INST] Context: Department of Housing and Urban Development, pursuant to Section 8 of the Housing Act of 1937, as amended by the Housing and Community Development Act of 1974. MIXED USE DEVELOPMENT -- A development that contains a combination of at least 2,500 square feet of commercial gross floor area plus five or more residential units. PERIOD OF AFFORDABILITY Shall be in perpetuity (99 years). PROPERTY, PHASED -- Any residential or mixed use development or developments at one or more adjoining sites in common ownership or under common control within a period of two years from the first date of application for any special or building permit for construction on the lot or lots. RESIDENTIAL DEVELOPMENT -- Single-, two-family and multifamily homes, townhouse development, elderly oriented congregate housing and lodging and rooming house dwellings. B. Applicability and requirements. (1) The provisions of this § 235-73.1 shall apply to any residential or mixed use development containing five or more dwelling units, including phased projects. These provisions shall apply with respect to developments in all zoning districts of the City, provided that the provisions of this section shall not apply to any residential or mixed-use development which has previously received a special permit or variance from the relevant permit granting authority containing conditions requiring the inclusion of affordable housing in such residential or mixed-use development, nor to any such residential or mixed-use development which is subsequently modified in accordance with the provisions of this section, provided that such affordable housing inclusion conditions remain substantially unchanged as a result of any such modification. Developments required to obtain a special permit in accordance with this § 235-73.1 shall not be required to obtain a special permit for more than four accessory parking spaces under § 235-17, accessory use #18. (2) A developer of a residential or mixed use development subject to these provisions shall provide 10% of the total number of dwelling units up to the maximum allowed as of right as affordable units. Where the application of that formula results in -69D to that portion of the total tract in the residential district. However, the location of each type of use shall not be restricted by the zoning district boundary. F. The minimum open space requirements shall be as follows: percent of total tract area: 10%; percent of developed area: 5%. A portion of the open space land, amounting to at least 10% of the total tract area, shall be set aside as common land covenanted to be maintained as permanent open space in private or cooperative ownership. The form of covenant covering such common land shall provide for its permanent ownership and maintenance and shall be subject to the approval of the Planning Board and the City Solicitor (with the consent of the Aldermen this common land may be deeded to the City). This common land shall be of such a physical character and appropriately planned so as to be of use to the residents and patrons of the development. G. The remaining land area may be developed for residential, community facilities and business uses. In considering the application, the Planning Board should determine the need for sites for community facilities such as schools, playgrounds, fire stations and the like. Where such a need is found, appropriate sites within the development shall be set aside. H. The residential density shall not exceed 60 dwelling units per acre of the portion of the total land area devoted to residential use. I. The locations of buildings shall be governed by the following: (1) All buildings shall be at least one foot from any lot line for each foot of building height, but in no case shall any building be closer than 15 feet. (2) All principal buildings shall be at least 24 feet apart, except that where building heights exceed 40 feet, these distances shall be increased by one foot for each foot of height over 40 feet. (3) All principal buildings shall be at least 15 feet from any common parking area. J. Buildings of greater height than eight stories may be allowed only as long as the minimum distances required in Subsection I(1) and (2) above are increased by one foot for each two feet of height over 80 feet. K. The development shall be served by ARTICLE VI, Dimensional and Density Regulations § 235-18. Applicability. The regulations for each district pertaining to minimum lot area, minimum lot width, minimum lot depth, minimum front yard depth, minimum side yard width, minimum rear yard depth, maximum height of buildings, maximum number of stories, maximum building area, maximum floor area ratio and minimum open space shall be as specified in this section and as set forth in the Table of Dimensional and Density Regulations and subject to the further provisions of this chapter. (Ord. No. 16985C, 11-27-1972) § 235-19. Table of Dimensional and Density Regulations. See table at the end of this chapter plus attached notes, which are declared to be part of this chapter. (Ord. No. 16985C, 11-27-1972) § 235-20. Reduction of lot area. The lot or yard areas required for any new building or use may not include any part of a lot that is required by any other building or use to comply with any provisions of this chapter, nor may these areas include any property of which the ownership has been transferred subsequent to the effective date of this chapter if such property was a part of the area required for compliance with the dimensional regulations applicable to the lot from which such transfer was made. At least 60% of the lot area required for zoning compliance shall be contiguous land other than land located in a wetland, as defined in MGL c. 131, § 40, or land located under a brook, creek, stream, river, pond or lake. (Ord. No. 16985C, 11-27-1972; Ord. No. 95-189, 5-1-1995) § 235-21. Separation of lots. Lots shall not be separated or transferred in ownership so as not to comply with the provisions of this chapter. (Ord. No. 16985C, 11-27-1972) § 235-22. Screening and buffers in industrial or business districts. Screening and buffers shall be required in any industrial or business district which adjoins a residential district as follows: this strip shall be at least 25 feet in width, except when abutting a residential use in the UR-C district, in which case the width may be reduced to 10 feet. It shall contain a screen of plantings of vertical val of any planned business development, the Planning Board shall review plans and may issue a special permit for accessory parking for compliance with Article VIII of this chapter. Where conditions unique to a planned business development so justify, the Planning Board may grant a maximum of a ten-percent reduction of the parking space requirements indicated in the Table of Off-Street Parking Regulations. F. A site plan shall be presented for the entire tract showing two-foot finished contours, existing and proposed drainage, sewerage, water, parking and street access. A separate plan for landscaping shall be presented. G. The development plan shall be consistent with the Melrose Future Land Use Plan as last revised. H. The development shall be served by both public water and public sewerage systems, both of which must be adequate to accept the proposed development. I. Signs shall be governed by the regulations of Article VII, except that projecting signs shall not be permitted. J. The plan shall provide for adequate access in relation to the anticipated traffic generation by the proposed development. K. The plan shall be evaluated with respect to its impact upon the neighborhood, its effect on City services such as fire protection and its overall demands on the City. The design of each building in a planned business development shall be reviewed and approved by the Planning Board to ensure that it is reasonably appropriate in relation to the approved plan. (Ord. No. 16985C, 11-27-1972; Ord. No. 1650, 5-4-1987) § 235-72. Adult uses. For adult use consisting of adult bookstore, adult club, adult motion picture theater, adult paraphernalia store or adult video store, the following conditions shall apply: A. Adult uses shall be permitted only when located outside the area circumscribed by a circle which has a radius consisting of the following distances from the specified use or zoning district: (1) Three hundred feet from any residential district (SR, SR-A, SR-B, UR-A, UR-B, UR-C and UR-D). (2) Three hundred feet from any school, park or playground. (3) Three hundred feet from any place of religious worship or assembly. ed use development subject to these provisions shall provide 10% of the total number of dwelling units up to the maximum allowed as of right as affordable units. Where the application of that formula results in a fraction, a fraction of one half or more shall be rounded up to the next whole number and a fraction of less than one half shall be rounded down. Each affordable unit shall meet the standards established in Subsection D below. (3) In special circumstances, the developer shall be required to make a monetary contribution to the Melrose Affordable Housing Trust in lieu of providing affordable dwelling units. The Melrose Affordable Housing Trust will use the funds exclusively to help finance the development of affordable units. The Planning Board shall allow this monetary contribution if it finds that there are special circumstances relating to the property that indicate that it is in the best interest of the City not to allow the developer an additional unit for every affordable unit required. Special circumstances shall include, but not be limited to, topography, infrastructure, drainage, traffic and parking. The monetary contribution shall be determined by the Planning Board, with input from the developer, the Building Commissioner and the City Assessor, and shall be equal to 2% of the total sale or market value of all the units in the development. At the discretion of the Planning Board, on the basis of special circumstances as described above, a developer may be required to contribute a combination of affordable units and money. C. Incentives To facilitate the objectives of this section, the following modifications to the dimensional requirements in any zoning district shall be permitted by special permit by the Planning Board for a development that provides affordable housing units in accordance with Subsection B above. (1) For every affordable unit required by Subsection B above, the developer may build one additional unit in the development, regardless of the minimum lot area required for the additional unit or units and the parking requirements for the development. Except for the minimum lot area requirement and parking regulations, all other dim Does zoning include any provisions for housing that is restricted by age? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know. " "[INST] Context: Subsection A above and upon which one single one family residence and such structures normally accessory to such single one family residence exist as of the date of the enactment of Subsection B shall nevertheless be deemed to comply with the provisions of the Zoning By-Laws so long as such single one family residence remains on such lot. E. Residential Limited Business. (1) Allowed Uses: (a) Limited business; (b) Single and two family residences; (c) Agricultural use; (d) Customary home occupation as provided for in section 97-10C; (e) Church or other religious purpose; (f) Educational purpose which is non-profit or public; (g) Uses customarily accessory to allowed uses. (2) Prohibited Uses: (a) Any use not herein expressly allowed shall be prohibited. (3) Uses By Special Permit: (a) In appropriate cases and subject to appropriate conditions, safeguards and limitations on time or use, the Selectmen may grant an applicant a special permit to make use of the land or erect and maintain buildings or other structures thereon in accordance with the provisions of Chapter 40A of General Laws, if such use, buildings or other structures are in harmony with the general purpose and intent of this By-Law and with the provisions stipulated in § 97-10.C(1) (c) (d) & (e) for the purpose of municipal uses; A library; a nursing or rest home; a hospital; a private club; or a doctor's, lawyer's, or similar professional office; provided the Selectmen find, after a Public Hearing of which due notice is given to any party in interest as defined in Section 11, of Chapter 40A of the General Laws, that the proposed use, building or structure is for the best interest of the Town, is not injurious or obnoxious to the neighboring properties, will satisfy a community need or convenience not otherwise being served, will not affect abutting and nearby properties by increasing traffic and on-street parking, and that nothing connected with the use, buildings or structure, such as machinery, vehicles, material, supplies, equipment and waste materials shall be stored between the stre s shall only be issued upon a showing of good and sufficient cause, a determination that failure to grant the variances would result in exceptional hardship to the applicant and a determination that the granting of a variance would not result in increased flood heights, additional threats to public safety, extraordinary public expenses, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances, other than the provisions of § 97-4E. together with all sections thereof, of this By-Law; (f) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford the relief requested; (g) The Permit Granting Authority shall notify the applicant for a variance in writing over the signature of the Chairman of the Permit Granting Authority that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100-.00 of insurance coverage and such construction below the base flood level increased risks to life and property. Such notification shall be maintained with the records of all variance actions maintained pursuant to requests for variances from the provisions of § 97-4E. together with all sections thereof. F. Adult Entertainment. (1) Nothing herein contained is intended or shall be construed to prohibit and/or limit the use of the land within this district for those uses permitted in an Industrial District. (2) Location limitations of Adult Entertainment Businesses. No person shall establish or cause or permit to be established an Adult Entertainment Business within One Thousand Five Hundred feet (1500') of any other building or structure containing another Adult Entertainment Business nor within Seven Hundred Fifty feet (750') of any public or private school, public or private park or recreation area, public or private buildings with programs for minors, or religious institution, elder housing, library, hospital or emergency m to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby and for the installation of municipal services to serve such land and the building erected or to be erected thereon and the first course of pavement for such way has been installed in accordance with such plan, as certified in writing by the Planning Board. No certificate of occupancy shall be issued for such lot until the second and final course of pavement has been installed in accordance with such plan, as certified in writing by the Planning Board. (i) Grandfathering. The provisions of § 97-10B of the Zoning By-Law shall not apply in the PIOD. The construction of single residences in the PIOD shall be governed by G.L. c. 40A, s. 6. Para. 4. (j) The Board of Appeals may grant use variances within the PIOD provided the Board of Appeals finds that the proposed use is not more detrimental than the current use. E. Flood Zone. (1) In all zones V1-30. The following Subsections shall be applicable in all districts of the Town which are classified as being within Zones V1-30 (coastal high hazard area) on the special Federal Insurance Administration's Flood Insurance Rate Maps(FIRM), effective* July 17, 1986* which map(s), as amended from time to time, shall be kept on file with the Town Clerk, the Planning Board and the Building Inspector, the following subsections shall be applicable: (a) With respect to all new or substantially improved structures, the application and plans for the building permit shall provide the elevation (in relation to mean sea level) of the lowest habitable floor (including basement), whether or not such structures contain a basement and, if the structure is to be or has been flood-proofed, provide the elevation (in relation to mean sea level) to which the structure is or has been flood-proofed; (b) All new construction shall be located landward of the reach of mean high tide; (c) (Reserved) (d) (Reserved) (e) The use of fill for structural support of buildings or other structures sha ARTICLE X GENERAL REGULATIONS § 97-10. General Regulations. A. Nonconforming Uses (Except Plum Island Overlay District). (1) Continuance: (a) The lawful use of any structure or land existing at the time of enactment or subsequent amendment of this By-Law may be continued, although such structure or use does not conform to the provisions of the By-Law. But if any such nonconforming use or structure is not used for a period of two (2) years, it shall not thereafter be resumed. Nonconforming structures or uses may be extended or altered, provided, however, that no such extension or alteration shall be permitted unless there is a finding by the Permit Granting Authority that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. Constructions or operations under a building or special permit shall conform to any subsequent amendment of this By-Law unless the use or construction is commenced within a period of not more than six (6) months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion, as continuously and expeditiously as is reasonable. B. Grandfathering: (a) Notwithstanding any provision of this By-Law, a single residence or any other permitted buildings or structures in all zones may be erected on any lot registered at the Registry of Deeds in Salem prior to July 1, 1959. Not withstanding any provisions of this By-Law, a single residence or any other permitted buildings or structures may be erected in the agricultural-residential district on any lot which has not less than 100 feet of frontage on a street or way, and was recorded at the Registry of Deeds in Salem prior to March 21, 1978, and otherwise met all of the applicable requirement of the Zoning By-Law in effect at the time it was recorded or registered. Notwithstanding any provisions of t reet other than a street created by the OSRD; provided, however, that the Planning Board may waive this requirement where it is determined that such reduced lot(s) will further the goals of this By-Law; (b) At least 50% of the required setbacks for the district shall be maintained in the OSRD unless a reduction is otherwise authorized by the Planning Board. Where structures containing three to four dwelling units are being proposed, the side lot lines between units may be 0 feet, however the distance between structures shall be a minimum of 20 feet; (c)Minimum Frontage: The minimum frontage may be reduced from the frontage otherwise required in the zoning district; provided, however, that no lot shall have less than 50 feet of frontage; (d) Setbacks: Every dwelling fronting on the proposed roadways shall be set back a minimum of 20 feet from the roadway right-of-way, and 10 feet from any rear or side lot line. In the event that dwellings are located on exclusive use areas or contain no interior lot lines, a minimum distance of 20 feet between single and two-family dwellings shall be required. (11) Increases in permissible density. The Planning Board may award a density bonus to increase the number of dwelling units beyond the Basic Maximum Number. The density bonus for the OSRD shall not, in the aggregate, exceed fifty percent (50%) of the Basic Maximum Number. Computations shall be rounded to the lowest number. A density bonus may be awarded in the following circumstances: (a) For each additional ten percent (10%) of the site (over and above the required 50%) set aside as open space, a bonus of one additional unit or five percent (5%) of the Basic Maximum Number, whichever is greater, may be awarded. (b) For every one (1) dwelling unit restricted to occupancy for a period in perpetuity by persons or families who qualify as low or moderate income, two (2) dwelling units may be added as a density bonus for each low income unit, one (1) dwelling unit as a bonus for each moderate income unit. (c) For every historic structure preserved and subject to a historic preservation restriction, one (1) dwelling unit m Does zoning include any provisions for housing that is restricted by age? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know. " "[INST] Context: ZONING BYLAW to approve any related plan for subdivision, nor reduce any time periods for Board consideration under the law. However, in order to facilitate processing, the Planning Board may, insofar as practical under existing law, accept a combined plan and application which shall satisfy both this section and the Board's regulations under the Subdivision Control Act. 7350. Conditions. Where a special permit for multifamily residential development is granted which is not subject to subdivision control, the Planning Board shall impose all or such part of its subdivision control requirements as it deems advisable as conditions upon its permit, including but not limited to the construction of roads and driveways, drainage facilities and other facilities and utilities, and shall require a bond or covenant in the manner prescribed in the subdivision regulations to secure performance of the entire plan for multifamily residential development as approved for special permit. 7400. TRAILERS 7410. General No person shall use or permit to be used for dwelling purposes within the town any trailer or similar mobile equipment, whether registered or unregistered, mobile or immobile, except that mobile trailers may be used for temporary dwelling purposes, provided that such use is licensed by the Selectmen, said license to be applied for by the occupant within three days after the unit is located in the town and with no license granted hereunder to be for a period exceeding six calendar months. 7420. Preexisting Trailers. The above restrictions shall not apply to trailers which are presently or are hereafter placed in any trailer park already in existence in the town or to any existing trailer presently being used for dwelling purposes, which trailers shall be subject to and limited by licenses, if any, presently in effect. 7421. Such trailers may be replaced by a trailer not more than 20% larger in volume than the lawfully preexisting trailer. 7500. REAR LOTS 7510. General In a Rural, Town Suburban or Recreational Residential District, a building and occupancy permit for one (1) single family dwelling unit may be issued notwithstanding the minimum frontage requirements set forth in Section 4000, subject to parking is shown and the standards for a special permit are met, provided that the floor area of the resulting building is no greater than it would be if there were no special permit. 4220. Minimum Lot Width in Residential Districts. The minimum width of any lot in a residential district between the dwelling and the lot frontage shall be no less than forty (40) feet. 4230. Lot Shape The following rules apply to lot shape: 4231. In all residential districts, the required minimum lot frontage shall be maintained into the lot at least as far back as the required minimum front yard for the applicable district. 4232. If the width of a lot narrows to less than fifty percent (50%) of the width of the frontage within the first one hundred fifty (150) feet of the lot depth, the dimensional controls for a rear lot as set forth in Section 7500 shall apply. 4233. At no point shall the lot width measure less than forty (40) feet. 4234. The shape of all lots shall conform to the following requirement: 1. 16A > 0.4 2. P2 3. Where: 4. A = the lot area in square feet 5. P = the lot perimeter in feet. 4235. This formula may be applied to a lot which conforms to all requirements of Section 4000, including, but not limited to frontage, lot area, a minimum of 30,000 contiguous square feet of land exclusive of wetland and flood hazard areas and, when applicable, any requirements of Section 8100. 4240. Residential Use in Commercial or Industrial District A residential use hereafter located in a commercial or industrial district shall conform to the dimensional requirements of the nearest residential district except dwelling units above the first floor as allowed in the Commercial District. 4250. Special Permit; Eminent Domain. Where an action in eminent domain results in a lawfully preexisting building lot being rendered nonconforming, the Board of Appeals may grant a special permit to allow such lot may be built upon thereafter, provided that such lot has 100 feet of remaining frontage and a minimum area of 10,000 square feet. 4300. SPECIAL PERMIT TO VARY HEIGHT LIMITATIONS 4310. SECTION 3000. USE AND TIMING REGULATIONS 3100. PRINCIPAL USES. No land shall be used and no structure shall be erected or used except as set forth in the following Table of Use Regulations, including the notes to the Schedule, or as otherwise set forth herein, or as exempted by General Laws. Any building or use of premises not herein expressly permitted is hereby prohibited. 3110. Symbols. Symbols employed in the Table of Use Regulations shall mean the following: Y.Permitted as of right N.Prohibited BA Special Permit/Board of Appeals PB Special Permit/Planning Board BOS Special Permit/Board of Selectmen 3120. If Classified Under More than One Use. Where an activity may be classified as more than one of the principal uses listed in the Table of Use Regulations, the more specific classification shall determine permissibility; if equally specific, the more restrictive shall govern. 3130. Table of Use Regulations. SEE APPENDIX A. 3200. ACCESSORY USES 3210. Permitted Accessory Uses in All Districts The following accessory uses are specifically permitted as of right or by special permit: 3211. Accessory Scientific Uses. Uses, whether or not on the same parcel as activities permitted as a matter of right, which are necessary in connection with scientific research or scientific development or related production, may be permitted upon the issuance of a special permit by the Board of Appeals, provided that the Board finds that the proposed use does not substantially derogate from the public good. 3212. Family Day Care Homes. Small family day care homes, are allowed as an accessory use as of right in all districts. Large family day care homes are allowed in all districts only upon the issuance of a special permit by the Board of Appeals. 3220. Nonresidential Accessory Uses. Any use permitted as a principal use is also permitted as an accessory use provided such use is customarily incidental to the main or principal building or use of the land. Any use authorized as a principal use ither unit is owner-occupied. 3433. Not more than one accessory apartment may be established on a lot. The accessory apartment shall not exceed 800 sq. ft. in gross floor space and shall be located in the principal residential structure on the premises; 3434. The external appearance of the structure in which the accessory apartment is to be located shall not be significantly altered from the appearance of a single-family structure. 3435. Sufficient and appropriate space for at least one (1) additional parking space shall be constructed by the owner to serve the accessory apartment. Said parking space shall be constructed of materials consistent with the existing driveway and shall have vehicular access to the driveway. 3440. Decision. Special permits for an accessory apartment may be granted by the Board of Appeals upon a finding that the construction and occupancy of the apartment will not be detrimental to the neighborhood in which the lot is located and after consideration of the factors specified in Section 9300 of this Zoning Bylaw, governing special permits. 3500. NONCONFORMING USES AND STRUCTURES 3510. Applicability. This Zoning Bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which this Zoning Bylaw, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder. 3520. Nonconforming Uses. The Board of Appeals may issue a special permit to change a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Board of Appeals: 3521. Change or substan Does zoning include any provisions for housing that is restricted by age? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know. " "[INST] Context: h land. 2.2.36. DEVELOPMENT . The construction, reconstruction, conversion, alteration, relocation or enlargement of any building or other structure, or excavation, land fill or mining, or any use or change in use of any building or other structure, land, or extension of use of land for which review and/or approval is required by this Ordinance. 2.2.37. DEVELOPMENT SITE . The land area encompassed in a development proposal irrespective of the number or configuration of lots. A development site may include land in more than one (1) ownership or city. 2.2.38. DORMER . A roofed building element projecting vertically outward from a sloping roof, structurally connected to that roof or to other structural members of the building, and designed to provide additional headroom or vertical clearance so as to improve the usability of the space located immediately beneath the roof. 2.2.39. DORMITORY . Residential housing exclusively occupied by full- or part-time students and/or educational staff and owned or operated by an educational institution. 2.2.40. DWELLING . A building designed or used as living quarters containing one or more dwelling units. 2.2.41. DWELLING, DETACHED . A dwelling which is designed to be and is substantially separate from any other structure or structures except accessory buildings. 2.2.42. DWELLING, MULTIPLE . A building containing more than one dwelling unit. 2.2.43. DWELLING, ONE-FAMILY . A detached residential building intended and designed to be occupied by a single family. 2.2.44. DWELLING, THREE-FAMILY . A detached residential building intended and designed to be occupied by three (3) families. 2.2.45. DWELLING, TWO-FAMILY . A detached residential building intended and designed to be occupied by two (2) families. 2.2.46. DWELLING UNIT . A single unit providing complete, independent living facilities containing one (1) or more rooms arranged for the use of one (1) or more individuals living together as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities. NOTE: §2.2.46 was amended Ordinance 1991-1 on Janua standable through material patterns, articulations and modulations of the facades, mullion design and treatment, etc. 5. Provide roof types and slopes similar to those of existing buildings in the area. 6. Use materials and colors consistent with those dominant in the area or, in the case of a rehabilitation or addition, consistent with the architectural style and period of the existing building. Use of brick masonry is encouraged, but not considered mandatory. 7. When parking lots are provided between buildings, abutting the primary street and breaking the streetwall, provide a strong design element to continue the streetwall definition across the site, such as a low brick wall, iron works or railing, trees, etc. 8. Locate transformers, heating and cooling systems, antennae, and the like, so they are not visible from the street; this may be accomplished, for example, by placing them behind the building, within enclosures, behind screening, etc. 9. Sites and buildings should comply with any guidelines set forth in Article 6 of this Ordinance for the specific base or overlay zoning district(s) the site is located within. B. Design Guidelines for Residence Zones 1. Buildings should be generally of the same size and proportions as those existing in the neighborhood. This shall apply in cases of multi-family development as well as one-, two-, and three-family units. For example, if relatively small two-and three-family structures are common in a neighborhood where multi-family development is proposed, the multi-family development should be physically broken into components that, from a design perspective, are housed in buildings of similar width, depth, and height as those typically found in the neighborhood. 2. Use of traditional and natural materials is strongly encouraged (e.g. wood clapboard, wood shingles, brick). 3. Additions to existing structures should be consistent with the architecture of the existing structure in terms of window dimensions, roof lines etc. 4. Although additions should not clash with or be incompatible to the existing structure, it is a revalent in buildings adjacent to the site, especially in new construction or substantial redevelopment. 4. Clearly define these bay widths, rhythms and dimensions, making them understandable through material patterns, articulations and modulations of the facades, mullion design and treatment, etc. 5. Provide roof types and slopes similar to those of existing buildings in the area. 6. Use materials and colors consistent with those dominant in the area or, in the case of a rehabilitation or addition, consistent with the architectural style and period of the existing building. Use of brick masonry is encouraged, but not considered mandatory. 7. When parking lots are provided between buildings, abutting the primary street and breaking the streetwall, provide a strong design element to continue the streetwall definition across the site, such as a low brick wall, iron works or railing, trees, etc. 8. Locate transformers, heating and cooling systems, antennae, and the like, so they are not visible from the street; this may be accomplished, for example, by placing them behind the building, within enclosures, behind screening, etc. 9. Sites and buildings should comply with any guidelines set forth in Article 6 of this Ordinance for the specific base or overlay zoning district(s) the site is located within. B. Design Guidelines for Residence Zones 1. Buildings should be generally of the same size and proportions as those existing in the neighborhood. This shall apply in cases of multi-family development as well as one-, two-, and three-family units. For example, if relatively small two-and three-family structures are common in a neighborhood where multi-family development is proposed, the multi-family development should be physically broken into components that, from a design perspective, are housed in buildings of similar width, depth, and height as those typically found in the neighborhood. 2. Use of traditional and natural materials is strongly encouraged (e.g. wood clapboard, wood shingles, brick). 3. Additions to existing structures should be consistent with the a ted, but living together as a single housekeeping unit. For purposes of controlling residential density, not more than four unrelated individuals shall constitute a family. 2.2.54. FAMILY DAY CARE HOME . Any private residence which, on a regular basis, receives temporary custody and care during part or all of the day of children under seven years of age or children under sixteen years of age if such children have special needs; provided, however, in either case, that the total number of children under sixteen in a family day care home shall not exceed six, including participating children living in the residence. Family day care shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children with or without compensation therefor. NOTE: The definition for ""Family day care home"" under §2.2.54. above was established and effective by Ordinance 1991-10 on August 22, 1991. 2.2.55. FAR . see ""Floor Area Ratio"". 2.2.56. FAST ORDER FOOD ESTABLISHMENT . An establishment whose primary business is the sale of food for consumption on or off the premises which is: (a) primarily intended for immediate consumption rather than for use as an ingredient or component of meals; (b) available upon a short waiting time; (c) packaged or presented in such a manner that it can be readily eaten inside or outside the premises where it is sold; and, (d) which, because of the nature of the operation, causes or is a major contributor to a large volume or frequent turnover of vehicular traffic. 2.2.57. FLOOR AREA, GROSS . The sum area of all floors or accessible levels of a building as measured to the perimeter of the exterior faces of the walls with no deduction for corridors, stairs, closets, thickness of walls, columns or other features. The gross floor area of an unenclosed area on a parcel, developed and used as a principal use, shall be the contiguous land area needed and used to support the activity(-ies) of said use. 2.2.58. FLOOR AREA, NET . The sum area of all floors or accessible levels of a building as meas ontain living and sleeping space and which may contain kitchen and bath facilities. Each such living space shall be considered the equivalent of one (1) dwelling unit. Such housing shall also contain common dining, kitchen and social facilities. Limited supportive services may also be provided. 2.2.33. DAY CARE CENTER . Any facility operated on a regular basis whether known as a day nursery, nursery school, kindergarten, child play school, progressive school, child development center, preschool, or known under any other name which receives children, not of common parentage, under seven years of age or under 16 years of age if such children have special needs, for non-residential custody and care during part or all of the day separate from their parent(s). Day care center shall not include: any part of a public school system; any part of a private organized educational system, unless the services of such a system are primarily limited to kindergarten, nursery, a related preschool services; a Sunday school conducted by a religious institution; a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services; and a family day care home; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation therefor. 2.2.34. DECK . An unroofed, hard-surface area, with one or more levels, constructed so as to be supported by above-grade members, usually directly adjacent to a building but which may or may not be structurally attached to the building. 2.2.35. DEVELOPER . The legal or beneficial owner(s) of a lot or of land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or any other person having an enforceable proprietary interest in such land. 2.2.36. DEVELOPMENT . The construction, reconstruction, conversion, alteration, relocation or enlargement of any building or other structure, or excavation, land fill or mining, or any use or change i Does zoning include any provisions for housing that is restricted by age? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know. " "[INST] Context: e from the Board of Appeals. 5. Non-conforming Single and Two Family Residential Structures. A proposed modification (including reconstruction, extension, alteration or change) to a nonconforming single or two family residential structure shall first require a determination by the Building Inspector as to whether the modification would increase the non- conforming nature of said structure. If the Building Inspector determines that proposed modification would not increase the non -conforming nature of the structure, the modification shall require the issuance of a building permit, if applicable. If the Building Inspector determines that the proposed modification would increase the non-conforming nature of the structure, the Board of Appeals may award a special permit for such modification only if it determines that the proposed modification will not be substantially more detrimental than the existing non-conforming structure to the neighborhood. 6. Abandonment or Non-Use. A non-conforming use or structure which has been abandoned, or not used for a period of two years, shall lose its protected status and be subject to all of the provisions of this zoning by-law. 7. Reversion to Non-conformity. No non-conforming use shall, if changed to a conforming use, revert back to a non-conforming use. 2.3 USE REGULATIONS 2.3.1 Table of Principal Uses. A. RESIDENTIAL USES ,,,,, ,RR,NR,C,TC,LI 1. Single Family Dwelling,Y,Y,Y,SP,N 2. Two Family Dwelling,Y,Y,Y,SP,N 3. Multifamily Dwelling,SP,SP,N,SP,N 4. Accessory Apartment,SP,SP,SP,SP,N 5. Boarding or Lodging House,SP,SP,N,N,N 6. Group Residence,SP,SP,SP,SP,N 7. Assisted Elderly Housing,SP,SP,SP,SP,N B. EXEMPT USES AND COMMUNITY FACILITIES ,,,,, ,RR,NR,C,TC,LI 1. Use of land or structures for religious purposes,Y,Y,Y,Y,Y ""2. Use of land or structures for educational purposes of land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation."", Y, Y,XY,XY,Y 3. Licensed day care facility for the daycare of six or fewer children,Y,Y,Y,Y,Y 4. Child care facility,Y,Y,Y,SP,Y 5. Municipal facility, SP,SP,Y,Y ding calendar year that the applicant desires the application to remain in effect, the Building Inspector shall treat said application in accordance with subsection 4.3.3(1), above. 4.3.4 Special Permit Exemption. Upon a determination by the Planning Board under a special permit application that the building permits will be issued for dwelling units within a development that will provide special benefits to the community, said permits shall be exempt from this section in its entirety, and shall not count toward the thirty (30) permits to be issued annually. The Planning Board may grant a special permit under this section only if the Board determines that the probable benefits to the community outweigh the probable adverse effects resulting from granting such permit, considering the impact on schools, other public facilities, traffic and pedestrian travel, recreational facilities, open spaces and agricultural resources, traffic hazards, preservation of unique natural features, planned rate of development, and housing for senior citizens and people of low or moderate income, as well conformance with Master Plan or Growth Management Plans, if any, prepared by the Planning Board pursuant to G.L. c.41, s81D. The Planning Board shall give particular consideration to proposals that demonstrate a reduction in allowable density of fifty percent (50%) or more. 4.3.5 Exemptions. The provisions of this section shall not apply to, nor limit in any way, the granting of building or occupancy permits required for the following purposes: 1.the construction, enlargement, restoration, or reconstruction of one single family or two family dwelling on a lot legally existing as of the date of passage of this by-law. 2.The construction of a single-family dwelling on land which, as of the date of passage of this by-law, was part of a lot held in separate ownership and containing one single or two family dwelling; provided that only one such new dwelling may be constructed in any year, and provided that the original lot shall be divided so that the existing dwelling DULT USE shall mean Adult Bookstores, Adult Cabarets, Adult Motion Picture Theaters, Adult Paraphernalia Stores, and Adult Video Stores, alone or in combination, as defined in this by-law. Alteration shall mean any construction, reconstruction or other action resulting in a change of the structural parts or height, number of stories, size, use or location of a building or other structure. Assisted Elderly Housing shall mean a residential facility occupies by persons over the age of 55, their spouses or surviving spouses, including rooms occupied by resident staff personnel. Such a facility may include a full range of nursing care from total to partial assistance, and may provide food preparation services, limited residential food preparation areas, and common recreational, laundry, social, medical, religious and service facilities for the exclusive use of the residents. BED AND BREAKFAST shall mean a private owner-occupied house with three or fewer guest rooms that includes a breakfast in the room rate. Parking to serve bed and breakfast guests shall not be located within the front yard between the residence and the street line except where the board of appeals finds that due to the considerable setback of the building from the street or other unique conditions pertaining to the lot, alternative off-street parking arrangements, such as an existing driveway, will not be detrimental to the neighborhood. BILLBOARD shall mean a large freestanding, permanent sign which directs attention to a business, commodity, services or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is located. BUFFER OR BUFFER STRIP shall mean an area within a site which is adjacent to and parallel with the property line consisting of a continuous strip (except for required vehicle or pedestrian access points) of existing vegetation or created by the use of trees or shrubs, designed to minimize intrusion of dirt, dust, litter, noise, glare from motor vehicle headlights, artificial light (including ambient glare); or view of signs, unsightly ship and containing one single or two family dwelling; provided that only one such new dwelling may be constructed in any year, and provided that the original lot shall be divided so that the existing dwelling and each new dwelling shall be on separate lots that conform to all zoning requirements for the district in which they are located. 4.3.6 Time and Limitation and Extension. This section shall expire on January 1, 2013; provided, however, that this section may be extended without lapse of its provisions and limitations, by vote of the Town Meeting prior to January 1, 2013. 4.3.7. The Planning Board may adopt reasonable rules and regulations for the administration of this Section 4.3. 4.3A SUBDIVISION PHASING 4.3A.1 Purpose. The purpose of this section, ""Subdivision Phasing"" is to assure that growth shall be phased so as not to unduly strain the town's ability to provide public facilities and services, so that it will not disturb the social fabric of the community, so that it will be in keeping with the community's desired rate of growth; and so that the town can study the impact of growth and plan accordingly. 4.3A.2 Applicability. The issuance of building permits for any tract of land divided pursuant to any provisions of G.L. c.41,ss.81K-81GG, the Subdivision Control Act, into more than seven (7) lots after the effective date of this by-law shall be subject to the regulations and conditions set forth herein. This provision shall apply to any proposed division or combination of properties which were in the same ownership and contiguous as of May 11, 1998. 4.3A.3 Phasing. Not more than seven (7) building permits shall be issued in any twelve month period for construction of residential dwelling on any tract of land divided into more than seven (7) lots pursuant to any provision of G.L. c.41,ss. 81K-81GG, the Subdivision Control Act. 4.3A.4 Exceptions. Issuance of more than seven (7) building permits for the same tract of land in a twelve month period may be allowed in the following circumstances: 1. The owner of said land may apply for TS 2.4.1 Residence in Commercial Districts A residential use located in a commercial district shall conform to the dimensional requirements of the nearest residential district. 2.4.2 Single Family or Two Family Dwellings on Non-Conforming Lots. In any district except a light industrial district, a single family or two family dwelling may be erected on a non- conforming lot in accordance with the provisions of G.L. c40A, s,6, papa.4, which states, in pertinent part: [a]ny increase in area, frontage, width, yard, or depth requirements of a zoning ordinance or by-law shall not apply to a lot for single and two family residential use which at the time of recording or endorsement, whichever occurs sooner was not held in common ownership with any adjoining land, conformed to then existing requirements and had less than the proposed requirement but at least five thousand square feet of area and fifty feet of frontage. Any increase in area, frontage, width, yard or depth requirement of a zoning ordinance or by-law shall not apply for a period of five years from its effective date...to a lot for single and two family residential use, provided the plan for such lot was recorded or endorsed and such lot was held in common ownership with any adjoining land and conformed to then existing requirements as of January first, nineteen hundred and seventy-six, and had less area, frontage, width, yard or depth requirements than the newly effective zoning requirements but contained at least seven thousand five hundred square feet of area and seventy-five feet of frontage, and provided... further that the provisions of this sentence shall not apply to more than three of such adjoining lots held in common ownership. 2.4.3 Change in Lot Configuration. No lot on which a building is located shall be reduced or changed in shape so that the building or lot fails to comply with the minimum lot area, lot width, minimum yard requirements, or other provisions of the by-law applicable to the lot or building. 2.4.4 Multiple Buildings or Uses on a Lot. Multiple principal uses or building on the same lot each must meet the dimensional requirements of Section 2.5 without counting any area, frontage or yard twice. Not m Does zoning include any provisions for housing that is restricted by age? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] I don't know. " "[INST] Context: dimensions and maximum building area may be adjusted as deemed appropriate by the Board of Appeals. 5. At any one time, not more than 10 percent of the total dwelling units shall contain three or more bedrooms. 6. For multifamily units of two or more bedrooms, there shall be constructed and equipped an outdoor recreation area containing 100 square feet for each dwelling unit within the development with a minimum requirement of 2,000 square feet. Specifically exempt from this requirement are one-bedroom units and housing for the elderly. 7. The development shall be served by public water and sewerage. 8. Parking facilities shall meet the requirement of Section VIII except the required number of spaces shall be one additional for each five units for visitor parking. In housing for the elderly projects, the parking requirements shall be reduced by 50 percent. 9. Such other conditions as the Board may find appropriate in accordance Section XX may be imposed. K. Fast Order Food Establishments. In considering special permits for Fast Order Food Establishments, the Board shall give consideration to the following: 1. Impact on traffic and parking. 2. Sensitivity to the visual and physical characteristics of the particular location, including siting, signing, lighting, landscaping, fencing, materials, windows, etc. 3. Fulfillment of a need in the neighborhood or in the Town. 4. Reliance on walk-in trade as opposed to drive-in or automobile related trade. (Added by action of Town Meeting, June 23,1976, Article #30) L. Adult Entertainment Establishments may not be located less than 750(seven hundred fifty) feet from the nearest lot line of: a. Each other b. Public or Private Nursery-Schools c. Public or Private Day Care Centers d. Public or Private Kindergartens e. Public or Private Elementary Schools f. Public or Private Secondary Schools g. Playgrounds h. Churches (Adopted Special Town Meeting, April casting towers, television and radio antennae, and other like structures, which do not occupy more than 20 percent of the lot area; nor to churches or public agricultural or institutional buildings or buildings of private schools not conducted for profit that are primarily used for school purposes, provided that excepted appurtenances are not located within the flight paths of an airport as defined by F. A. A. regulations. 9. The gross floor area per dwelling unit in a two-family dwelling unit shall not be less than 768 square feet. The gross floor area in a multifamily dwelling shall not be less than 460 square feet for one-bedroom dwelling units, 600 square feet for two-bedroom units and 768 square feet for three-bedroom or larger units. Amended by action of Town Meeting, April 24, 1978, Article #63. 10. Where ""I"" or ""B"" District abuts an ""R"" District, no building within the ""I"" or ""B"" District shall be within 26 feet of the boundary line of the ""R"" District. a. Within the 25 foot setback there shall be a green belt no less than 15 feet in width running the distance where the ""I"" or ""B"" District abuts the ""R"" District and consisting of six foot evergreens staggered 10 feet on center. Added by action of Town Meeting, June 23,1975, Article #20. 11. Where a lot in a Residential-Multi-family (R-M) District and or Multifamily dwelling Units abuts or is within one hundred (100) feet of the boundary line of any Single Residence District and/or Single Family Dwellings a buffer strip shall be provided on all portions of said lot so abutting (within 100 feet as above said); such buffer strip to be at least one hundred (100) feet wide, including the width of any town owned land or public street. ""The buffer strip on said lot shall include a dense screen of vegetation no less than eight (8) feet high and no closer than fifteen (15) feet from any intersection, and/or driveway-road intersection, and may be used only for access to the lot except that the Board of Appeals : it shall not occupy more than 25 percent of the required rear yard; it shall be set back from the street line the required front yard distance for the zone in which it is located; it shall not be less than 5 feet from any other lot line or 10 feet from any principal building or structure; and it shall not exceed 20 feet in height. An accessory building or structure attached to the principal building shall be considered as an integral part thereof and shall be subject to front, side and rear yard requirements applicable to the principal building or structure. G. Other General Dimensional and Density Provisions: In addition to the regulations in Items A through F above, the following regulations shall apply: 1. Provisions for inner and outer courts shall be subject to the Building Code. 2. Existing and residential uses shall be subject to the regulations for the particular type of dwelling as defined in the R-M District for use in the GB, NB, and HB Districts. 3. Except for planned developments for multifamily development, cluster residential development, planned unit residential development, planned business or industrial development, community facilities, and public utilities, only one principal structure shall be permitted on a lot. In the case of planned multifamily developments, other than planned unit development, the minimum distance between the walls of such principal buildings, which contain windows, shall be twice the minimum side yard or side setback required in the District. The minimum lot area required per each individual dwelling unit, building, or other unit of use shall be multiplied by the number of such units to obtain the minimum lot area required for the total tract of land. Other area regulations shall apply to the tract as a whole. 4. For multifamily units of two or more bedrooms, where the total number of dwelling units to be developed at one time or in any successive stages exceeds 12 dwelling units, there shall be constructed and equi 4. For multifamily units of two or more bedrooms, where the total number of dwelling units to be developed at one time or in any successive stages exceeds 12 dwelling units, there shall be constructed and equipped an outdoor recreation area with a minimum size of 500 square feet per unit for each two bedroom and 1,000 square feet per bedroom for each unit of 3 or more bedrooms. Specifically exempt from this requirement are one-bedroom units and housing for the elderly. 5. A corner lot shall have minimum street yards with depths, which shall be the same as the required front yard depths for the adjoining lots. 6. At each end of a through lot, there shall be a setback depth required, which is equal to the front yard depth required for the District in which each street frontage is located. 7. Projections into required yards or other required open spaces are permitted subject to the following: a. Balcony or bay window, limited in total length to one half the length of the building, not more than 2 feet. b. Open terrace or steps or stoop, under 4 feet in height, up to one half the required yard setback. c. Steps or stoop over 4 feet in height, window sill, chimney, roof eave, fire escape, fire tower, storm enclosure, or similar architectural features, not more than 2 feet. 8. The provisions of this By-Law governing the height of buildings shall not apply to chimneys, cooling towers, elevator bulkheads, skylights, ventilators, electronic equipment, elevator shafts, and other necessary appurtenances usually carried above roof, not to domes, towers, stacks, or spires, if not used for human occupancy and which occupy not more than 20 percent of the ground floor area of the building; nor to ornamental towers, observation towers, radio broadcasting towers, television and radio antennae, and other like structures, which do not occupy more than 20 percent of the lot area; nor to churches or public agricultural or institutional buildings or buildings , the permit shall lapse, and be null and void. if occupancy of the said additional living area is then desired by another family member of the owner or owners, a new application for a Special Permit authorizing such occupancy shall be made. It is the intention of this provision that such additional living area shall not be used as an apartment for hire, but only as a convenience for a member of the owner's family, under special circumstances. Adopted Special Town Meeting, April 25,1983. Art. 40. TRAILER : Any vehicle which is immediately portable, and is arranged, intended, designed, or used for sleeping, eating, or temporary business use in conjunction with construction, or is a place in which persons may congregate including a house trailer or camper. Trailer and Recreational Vehicle: A vehicular, portable structure built on a chassis, designed as a temporary dwelling for travel, recreation and/or vacation. Added by action of Town Meeting, April 24,1978, Article #60. USE : The purpose for which a structure or lot is arranged, designed, or intended to be used, occupied, or maintained. USE, ACCESSORY : A use incidental and subordinate to the principal use of a structure or lot, or a use, not the principal use, which is located on the same lot as the principal structure. Accessory use by area shall be interpreted not to exceed 40 percent of the area of the total use of the structure or lot on which it is located, but this area limitation shall not be applicable either to: (i) accessory off-street parking and loading spaces, whether or not in excess of that required in Section VIII, (ii) Accessory filling of water, wet area or depression, or (iii) accessory removal of gravel, sand, or other earth material incidental to and in connection with the construction of a building or a lot. Amended by action of Town Meeting, April 28,1980, Article #6. USE, NONCONFORMING : A use lawfully existing at the time of adoption of this By-Law or any subsequent amendment thereto, which does not conform to one or more provisions Does zoning include any provisions for housing that is restricted by age? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes. " "[INST] Context: K. ACTIVE ADULT RESIDENTIAL DEVELOPMENT (""AARD"") 1. Definition And Applicability An ACTIVE ADULT RESIDENTIAL DEVELOPMENT (""AARD"") is an alternative type of residential development in which, except as hereinafter provided, permanent occupancy of the dwelling units shall be restricted to persons 55 years of age or older, and in which at least 10% of the total number of dwelling units shall be affordable for purchase or lease by persons of low income, as defined in 760 CMR 45.02, provided however, that some or all of the affordable units may not be age -restricted. Customary, non-commercial accessory uses shall also be allowed as part of an AARD. However, no accessory retail or other commercial use or nursing care facilities shall be allowed in an AARD. An AARD is an allowable use in the Single Family Residence District (A), Single Family Residence District (B), and Business District (B), with Concept Plan approval by two-thirds vote of the Town Meeting and subsequent Special Permit with Site Plan Approval issued by the Planning Board. 2. Purposes The purposes of an AARD are to: a. Provide alternative housing for a maturing population; b. Provide a type of housing which reduces residents' burdens of property maintenance and which reduces demands on municipal services; c. Encourage the development of affordable housing for active adults with low and moderate income, as defined in 760 CMR 45.02; and d. Promote flexibility in site planning while protecting natural features, scenic views into property, protect existing vegetation and land forms and utilization of land in harmony with neighboring properties. 3. Minimum Tract Size No tract of land may be used for an AARD unless it contains at least 40 acres of contiguous land, exclusive of (a) the wetlands resource areas listed in 310 CMR 10.02, 1, a through e, (b) the first (inner) 100 feet of the Riverfront Area as defined in 310 CMR 10.58, and (c) land included in the Town's Wetland and Flood Plain Protection District (collectively, the ""Exclusions""). 4. Concept Plan The purpose of the Concept Plan is to eet, Church Street, Conant Road, Concord Road, Crescent Street, Fiske Lane, Glen Road, Highland Street, Hilltop Road, Kingsbury Lane, Lexington Street, Lincoln Street, Loring Road, Love Lane, Maple Road, Merriam Street, Newton Street, North Avenue (Route 117), Oak Street, Pigeon Hill Road, Pine Street, Ridgeway Road, Ripley Lane, School Street, Silver Hill Road, South Avenue (Route 30), Sudbury Road, Summer Street including By-Pass, Viles Street, Ware Street, Webster Road, Wellesley Street, Winter Street. SCHOOL AGE CHILD CARE PROGRAM A Child Care Facility providing supervised group care, on a regular basis before or after school and/or during school vacation and holidays, for children not of common parentage who are enrolled in kindergarten and are of sufficient age to enter first grade the following year, and/or older children of common parentage not more than fourteen years of age (or sixteen years of age if such child has special needs). Such facility must include a planned daily program of activities attended by children for specifically identified blocks of time during the week, usually over a period of weeks or months SETBACK The shortest distance from the street side line, street center line, or lot line, as the case may be, to any part of the foundation of a building or structure. SIGN Any advertising symbol or device used or intended to advertise or promote the interests of any entity when the same is placed out of doors or is visible from the exterior by reason of being placed in or on a window or outside door. SINGLE FAMILY DWELLING A Dwelling used or intended to be used principally as the residence of a single Family, with or without an Accessory Apartment authorized under Section VI.G of this Zoning By-law. When the context indicates, the term Single Family Dwelling shall also refer to the Principal Use of the lot for such purpose. SOLID WASTES Useless, unwanted or discarded solid materials, with insufficient liquid content to be free flowing, including for example, rubbish, garbage, scrap materials, junk, refuse, inert fill material and landscape refu all conform to the following requirements as to square footage, frontage, set-backs, square feet of land per unit, number of units per building, buffers, number of bedrooms per unit, and area of living space. 2. Table of Dimensional Requirements. ,District, ,A,B Minimum lot area in square feet,""240,000"",""600,000"" Minimum street frontage on existing public way,200 ft.,100 ft. Minimum setback from street side line of existing public way,100 ft.,65 ft. Minimum setback from street centerline of existing public way,125 ft.,N/A Minimum setback from lot line,100 ft. (a),65 ft. Square feet of land per unit (b),""30,000"",""10,000"" Number of units per building,2 to 8,4 to 8 ""Buffer maintained in natural state, or landscaped, around perimeter of lot."",50 ft,25 ft. Minimum garage distance from lot line,65 ft..,45 ft Minimum setback from side line of road located within the lot,20 ft.,20 ft. Minimum setback from center line of road located within the lot,45 ft..,45 ft Maximum average number of bedrooms per unit,2,N/A Minimum floor area of living space in square feet,750,750 Notes (a) In cases where a lot line is adjacent to permanent conservation land, a railroad, or certain other types of municipal open land which in themselves serve as buffers, the minimum setback from lot line may be 65 feet. (b) The number of square feet of land per unit shall consist entirely of land outside the Wetlands and Flood Plain Protection District. ***** 3. The aggregate of all dwelling structures in Multiple Dwelling Districts shall not cover more than 20% of the lot upon which they are built. The aggregate of all structures and off-street parking areas, whether or not covered, in Multiple Dwelling Districts shall not cover more than 30% of the lot upon which they are built or located. 4. No garage structure shall measure more than 100 feet in length and no other building shall measure more than 250 feet in length. No garage structure shall exceed a height from the ground of one story. All buildings shall be separated from other buildings by a distance of at least 25 feet, and a garage shall ZONING BY-LAW educational corporation, in accordance with G.L. c. 40A, §3; and iii. Child Care Facility, in accordance with G.L. c. 40A, §3; provided that: off-street parking is provided in accordance with Section VIII.A ""Regulations for off-Street parking"" and height, setbacks and lot area are maintained in accordance with the requirements for the District in which the land, buildings, or structures are located. d. Upon issuance of a special permit, activities necessary in connection with scientific research or scientific development or related production, which are accessory to activities permitted in the district as a matter of right, provided the Special permit Granting Authority finds that the proposed accessory use does not substantially derogate from the public good. 4. All other uses of buildings, structures and land shall be subject to the requirements and limitations set forth in this Zoning By-law for the zoning district(s) in which the particular building, structure or land is located, including, Accessory Uses in connection with lawful Principal Uses. Accessory Uses are subject to the same special permit and/or site plan approval requirements as the principal use(s) served. B. SINGLE FAMILY RESIDENCE DISTRICTS (A, B, C and D) 1. By-Right Uses a. Unless located on a lot which bounds on a Scenic Road as defined in Section II, single family detached dwelling containing one housekeeping unit only, together with accessory buildings not containing a housekeeping unit. The number of such dwellings with such accessory buildings on any one lot shall not exceed the number which can be located thereon in conformity to Section VI, Subsection F.2., ""Numbers and Location of Dwellings on One Lot""; The Residential Gross Floor Area ""RGFA"" of any new or replacement single family dwelling use constructed pursuant to a building permit issued on or after October 29, 1998, may not exceed the greater of 3,500 s.f. or 10% of the lot ar Does zoning include any provisions for housing that is restricted by age? Instructions: Reply with whether the answer the question is 'Yes' or 'No'. Do not provide any explanation. [/INST] Yes. " "[INST] Context: e or other accessory use attached to the dwelling. 7.6.8 Plans. Floor plans of the accessory unit and principal residence, with a certified site plan showing the dwelling on the lot and its relationship to the neighborhood within two hundred (200) feet of the extremities of the lot, shall be filed with the Building Inspector, and in addition, five (5) copies of the same shall be submitted with the application for a special permit. 7.6.9 Parking. Provisions for off-street parking for dwellers of both units shall be provided in such a fashion as is consistent with the character of the neighborhood, as determined by the Building Inspector, after consultation with the Town Planner. 7.6.10 Occupancy Permit. No occupancy of the additional family dwelling unit shall take place without an occupancy permit issued by the Building Inspector. The initial occupancy permit shall remain in force for a period of two (2) years from the date of issue, provided that there is continued ownership. Thereafter, succeeding permits may be issued by the Building Inspector for each succeeding two-year period, provided that the structure and use continue to comply with the relevant provisions of the State Building Code, this Section and the special permit. Occupancy permits shall not be transferable upon new ownership or change in occupancy. An affidavit shall be presented to the Building Inspector attesting the fact that the circumstance for which such conditional use was granted will be complied with. Upon expiration of conditional use, the accessory kitchen unit shall be dismantled. The owner of record is responsible for initiating each application to the Building Inspector. Appropriate fees, as established and recorded, may be assessed for such renewal, review, investigation and processing. 7.7 SPECIAL PROVISIONS FOR HIGHWAY COMMERCIAL (CH) DISTRICT. In order to encourage mixed use facility within Commercial Districts on arterial roadways, the following special provisions shall apply in the Highway Commercial (CH in the Table of Use Regulations, provided that there is compliance with all provisions of this section. 7.6.3 Use Limitations. Such additional family living unit shall be limited to a maximum of four (4) persons, so conditioned, provided, further, that the owner of record is an occupier of the structure which includes the accessory family dwelling unit. No boarders or lodgers shall be allowed in either dwelling unit. There shall be no other living unit on the lot which such accessory unit is to be located. 7.6.4 Disposal of Sewage. Adequate provision shall be made for the disposal of sewage, waste and drainage generated by the occupancy of such accessory unit in accordance with the requirements of the Board of Health. Such determination shall be made prior to the application for a special permit and included with such application. 7.6.5 Ingress; Egress; and Access. Adequate provision, as determined by the Building Inspector, shall be provided for ingress and egress to the outside of each unit separately. To the extent possible, exterior passageways and accessways shall not detract from the single-family appearance of the dwelling. An interior doorway shall be provided between each living unit as a means of access for purposes of supervision and emergency response. All stairways to additional stories shall be enclosed within the exterior walls of the structure. 7.6.6 Required Finding. The Zoning Board of Appeals shall determine that such conversion, new construction and occupancy of each unit shall meet the requirements of this section. 7.6.7 Area Limitation. Such accessory unit shall be limited to a maximum of twenty-five percent (25%) in floor area of the principal residence or eight hundred (800) square feet, whichever is greater, exclusive of any garage, shed or similar structure or other accessory use attached to the dwelling. 7.6.8 Plans. Floor plans of the accessory unit and principal residence, with a certified site plan showing the dwelling on the lot and its relationship to t residentially used premises. 2. An owner, or occupier with permission of the owner, of a residence which has been destroyed or otherwise, made unlivable by fire or natural holocaust may temporarily place a mobile home on the site of such residence and reside in such temporary quarters for a period not to exceed twelve (12) months. Such temporary quarters may be placed within required front or rear yards only and shall be subject to the provisions of the State Sanitary Code. 3.2.3 Keeping of Animals. No more than one (1) farm animal or no more than ten (10) rabbits or poultry shall be kept on less than one (1) acre and no more than two (2) farm animals or one hundred (100) rabbits or poultry shall be kept on less than two (2) acres. Numbers of farm animals or poultry on two (2) acres or larger shall be limited only by Board of Health requirements and by the performance standards of Section 5.8. 3.2.4 Scientific Uses. The Board of Appeals may grant a special permit for a use accessory to a scientific research, scientific development or related production activity, whether or not on the same parcel as such activity. A special permit shall be granted where the Board of Appeals finds that the proposed accessory use does not substantially derogate from the public good. 3.2.5 Residential Accessory Uses. The following accessory uses are allowed in the Residential Districts, as set forth in the Table of Principal Use Regulations. 1. Rooming and boarding not more than 2 persons. 2. Family daycare, large and small. 3. Adult day care. 3.3 NONCONFORMING USES AND STRUCTURES. 3.3.1 Applicability. This zoning by-law shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which this zoning by-law, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder. 3.3.2 Nonconforming Uses. The Board of Appeals may award a specia SECTION 10.0. DEFINITIONS In this by-law, the following terms and constructions shall apply unless a contrary meaning is required by the context or is specifically prescribed in the text of the by-law. Words used in the present tense include the future. The singular includes the plural and the plural includes the singular. The word ""shall"" is mandatory and ""may"" is permissive or discretionary. The word ""and"" includes ""or"" unless the contrary is evident from the text. The word ""includes"" or ""including"" shall not limit a term to specified examples, but is intended to extend its meaning to all other instances, circumstances, or items of like character or kind. The word ""lot"" includes ""plot""; the word ""used"" or ""occupied"" shall be considered as though followed by the words ""or intended, arranged, or designed to be used or occupied."" The words ""building,"" ""structure,"" ""lot,"" or ""parcel,"" shall be construed as being followed by the words ""or any portion thereof."" The word ""person"" includes a firm, association, organization, partnership, company, or corporation, as well as an individual. Terms and words not defined herein but defined in the Commonwealth of Massachusetts state building code shall have the meaning given therein unless a contrary intention is clearly evident in this by-law. ACCESSORY BUILDING A subordinate building located on the same lot as the main, or principal building or principal use, the use of which is customarily incidental to that of the principal building or use of the land. ACCESSORY BUILDING OR USE A building not attached to any principal building or a use customarily incidental to and located on the same lot with the principal building or use, except that if more than twenty-five percent (25%) of the floor area or fifty prcent (50%) of the lot area is occupied by such use, it shall no longer be considered ""accessory."" ACCESSORY FAMILY DWELLING UNIT A dwelling unit contained with or an extension of a single-family structure to accommodate an additional family related by blood, marriage or adoption or sixty Accessory scientific uses,Y,Y,Y,Y,Y,Y,N,N,Y Rooming and boarding not more than 2 persons,Y,Y,Y,Y,Y,Y,Y,Y,N Home occupation,Y,Y,Y,Y,Y,Y,Y,Y,N Adult day care,Y,Y,Y,Y,Y,Y,Y,Y,N ""Child day care, small"",Y,Y,Y,N,N,N,N,Y,N ""Child day care, large"",BA,BA,BA,N,N,N,N,Y,N Accessory family dwelling unit,BA,BA,BA,BA,BA,BA,Y,BA,N PRINCIPAL USES H. OTHER USES,RA,RB,RM,CH,CD,CV,CN,CO,I Drive-through or drive-in facility,N,N,N,BA,BA,BA,N,N,N Commercial parking facility,N,N,N,BA,BA,BA,BA,N,BA 3.2 ACCESSORY USES AND STRUCTURES. Except as provided by law or in this By-law in each district, no accessory use, building or structure shall be constructed, used or occupied, nor shall land be used or occupied, except for the purposes permitted as set forth in the accompanying Table of Use Regulations. 3.2.1 Home Occupations. Home occupations are permitted if no more than twenty-five percent (25%) of the floor area of the residence is used for the occupation, not more than one (1) person not a member of the household is employed on the premises in the occupation, there is no exterior display or storage or other variation from the residential character of the premises, traffic generated does not exceed that normally expected in a residential neighborhood and all parking required to service the occupation is provided off-street, other than within a required front yard. 3.2.2 Mobile Homes and Campers. A mobile home or camper may be temporarily occupied by nonpaying guests of the owner of the premises for a period not to exceed two (2) weeks in any calendar year; or as a temporary office incidental to the construction or development of the premises on which it is located, upon prior approval of the Building Inspector, who may seek advisory from the Planning Board or its designated agent, for a period of one (1) year, renewable annually. 1. Storage of campers belonging to residents on the premises shall be considered a customary accessory use on residentially used premises. 2. An owner, or occupier with permission of the owner, of a residence which has been destroyed or otherwise, made unlivable by fire or natural holocaust may temporarily place a m Are accessory or in-law apartments allowed (by right or special permit) in any district? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Additional family living units are allowed using special permits in Ashland, as described in section 7.6 of the provided excerpt. " "[INST] Context: cupancy Required: The owner of the single family lot upon which the accessory apartment is located shall occupy at least one (1) of the dwelling units on the premises. A Special Permit shall be issued only to the owner of the property. The Zoning Board of Appeals shall be the Special Permit Granting Authority. Should there be a change in ownership or change in residence of the owner, the Special Permit and the Certificate of Occupancy for the accessory apartment shall become null and void. 301.8.3. Apartment Size: The maximum floor size for an accessory apartment within a principle dwelling shall not exceed twenty-five (25%) percent of the habitable area of the dwelling in which it is located, or 600 square feet, whichever is greater. Habitable area, as referred to herein, shall exclude unfinished basements, workshops, unfinished attics, closets, and garage space. 301.8.4. Code Compliance: The accessory apartment must be determined to comply with current safety, health and construction requirements before occupancy and at every change of occupancy. The Zoning Board of Appeals shall have the right to request verification as to the accessory use on an annual basis. 301.8.5. Preservation of Single Family Characteristics: The accessory apartment shall not change the single family characteristic of the dwelling except for the provision of an additional access or egress. 301.8.6. Existing detached structure may continue to be used for the same purposes subject to special conditions imposed by the Board of Appeals. 301.8.7. There shall be no more than one (1) accessory apartment for a total of two (2) dwelling units per lot. 301.8.8. Current apartment uses, as of the effective date of this amendment, may be continued only as long as the present occupants of the accessory apartment remain in residence. The current owner of the property must also appear before the Zoning Board of Appeals to obtain a Special Permit for the affected property. Adopted April 26, 1993 301.20. R-A, R-B, and R-C Residential District uses requiring sp SECTION 300. RESIDENTIAL DISTRICT USES 301. In R-A, R-B and R-C Districts, 301.1. Detached one-family dwelling. 301.2. Two-family dwelling in any dwelling containing more than six (6) rooms, at the time this by-law is adopted. 301.3. Two-family or duplex dwellings. 301.4. Churches and parish houses. 301.5. Farms, poultry houses, garden nursery or greenhouse selling only produce or plants, the major portion of which is raised on the premises, and excluding any use injurious, noxious or offensive to the neighborhood. 301.6. Municipal uses (buildings, schools, libraries, cemeteries, museums, parks, playgrounds, and other municipal purposes). 301.7. Accessory use on the same lot with and customarily incidental to any of the listed permitted uses and not detrimental to a residential neighborhood may be permitted. The term ""accessory use"" shall not include: 301.7.1. A garage for, or storage of, more than four (4) automobiles or for storage only of more than one (1) commercial vehicle except on a farm, unless authorized by the board of appeals. Recreational vehicles, such as campers and motor homes, for the purpose of this by-law are not considered to be commercial vehicles. 301.8. Accessory Apartments in Residence Districts 301.8.1. Purpose and Intent: It is the specific intent of this section to allow accessory apartments, including kitchens, within single family properties in the Residential Districts for the sole purpose of meeting the special housing needs of grandparents, parents, brothers and sisters, children and their respective spouses of families of owner occupants of properties in the Town of Groveland. To achieve this goal and to promote the other objectives of this By-law, specific standards are set forth below for such accessory apartment uses. 301.8.2. Owner Occupancy Required: The owner of the single family lot upon which the accessory apartment is located shall occupy at least one (1) of the dwelling units on the premises. A Special Permit shall be issued only to t SECTION 400. CONVERSION TO APARTMENTS AND CONDOMINIUMS Any building, dwelling, or structure to be converted to apartments or condominiums must have the following minimum square feet of land area: In Zone RA: Two (2) living units: Sixty thousand (60,000) square feet of land area. Three (3) living units: Ninety thousand (90,000) square feet of land area. Four (4) living units: One hundred twenty thousand (120,000) square feet of land area. Each additional unit of living space above four (4) units will require an additional 30,000 square feet of land area. In Zone RB: Two (2) living units: Forty thousand (40,000) square feet of land area. Three (3) living units: Sixty thousand (60,000) square feet of land area. Four (4) living units: Eighty thousand (80,000) square feet of land area. Each additional unit of living space above four (4) units will require an additional 20,000 square feet of land area. In Business Zone: Requirements will be the same as in Zone RB. In Zone RC: Requirements will be the same as in Zone RB. Industrial Zone: No conversions to condominiums or apartments are allowed. These requirements are in addition to any other zoning by-law requirements that are in effect and do not delete from other requirements. All conversions are subject to all state and local building codes and all state statutes. ZONING BY-LAWS SECTION 600. CONDOMINIUMS (See Section 700, Planned Unit Development, for By-laws pertaining to Condominiums.) Are accessory or in-law apartments allowed (by right or special permit) in any district? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Accessory apartment are permitted via special permit in Groveland, as described in section 301.8 of Groveland's zoning bylaws. " "[INST] Context: ther advisors as defined therein, all according to the terms of the Special Permit allowing such apartments. c. Individual septic tank systems meeting all requirements of the Board of Health for two family or semi-detached houses or multiple use properties as permitted or allowed under Section III-A Schedule of Use Regulations. d. Temporary toilet facilities used during construction or for special events which comply with Board of Health requirements and which are considered by said Board to be necessary. e. Private sewage disposal systems or treatments plants shall be allowed in Senior Residential Dwelling Developments established pursuant to the requirements of a Special Permit Granting Authority. f. Private sewage disposal systems or treatments plants shall be allowed in Industrial Districts in conjunction with commercial or industrial development and further pursuant to the requirements of a Special Permit issued by the Permit Granting Authority, and provided, however, no discharge or leaching areas shall be located in a Zone I or Zone II as determined by the Massachusetts Department of Environmental Protection Aquifer Protection Areas. (Amended December 2002 STM, Art. 2. Previously amended May 2001 ATM, Art. 45 and May 1988 ATM, Art. 13) I-E DEFINITIONS In this By-Law the following terms shall have the following meanings unless a contrary, meaning is required by the context or is specifically prescribed. ACCESSORY BUILDING - A detached building designed, constructed and used for an Accessory Use as defined herein. (Amended November 1989 STM, Art. 7) ACCESSORY FAMILY DWELLING UNIT - A dwelling unit contained within or being an extension of a single family dwelling to accommodate an additional family only if: (a) a member of the additional family is related by the first degree of kinship, marriage or adoption. (Added May 1995 ATM, Article 43) ACCESSORY USE - A customary use in conjunction with, incidental to, or subordinate to a use allowed by this By-Law; and located on the same lot with the principa he Rules and Regulations of the Planning Board and according to the requirements contained in Section IV of this by-law. Responsibility for determining the number of lots so permitted shall rest with the Planning Board and that Board may require the applicant to submit whatever said Board deems necessary to make this determination including, but not limited to, a general layout plan prepared to comply with Section IV of this by-law, soil analyses and percolation tests. (Amended March 1983 ATM, Art. 26) (2) No apartment development shall have more than (10) percent of the total number of apartments with three (3) bedrooms. (3) In addition to considering a combined sleeping and living room in an Efficiency Apartment as one bedroom, any other room in any apartment which is not a single living room or equipped kitchen, and is shown on a plan as being for other than bedroom use but which, because of location, size, or arrangement, could, in the opinion of the Board of Appeals, be used as a regular bedroom or adapted to such use, shall be considered as a bedroom for density calculations. No attic or other storage or similarly usable space shall ever be used as or altered to create regular bedroom space nor shall the construction or other aspects thereof be such as would facilitate such use or alteration. g. Screening - All sewage facilities, service areas and equipment, conveniences and recreational areas shall have screening as required. h. Buffer Areas - No portion of any apartment building or accessory building shall be less than two hundred (200) feet from any other zoning district and such area shall be undeveloped except for drives, walks and landscaping. i. Environmental Protection - There shall be no filling, draining, altering or relocation of any stream, lake, pond or wetland except that performed in full compliance with applicable laws, the requirements of all pertinent governmental agencies, and the requirements and recommendations of the Board of Appeals. j. Exterior Antennas - Outdoor antennas or other apparatus for radio or t ly permitted in this by-law or in the general Town by-law is prohibited. V-F ARCHITECTURAL CONTROLS (Amended March 1978 STM, Art. 1) The exterior architectural features of houses placed or erected in a development shall be basically dissimilar. No application to place or erect two or more houses upon contiguous lots shall be approved by the Inspector of Buildings unless the applicant shall have filed with the Inspector of Buildings plans showing the houses. If there is proposed to be built or placed upon such lots more than five houses, there shall be at least three basic designs. If there is proposed to be built or placed upon such lots, two, three, four or five houses, there shall be at least two basic designs. V-G APARTMENT DISTRICT REQUIREMENTS (Amended March 1983 ATM, Art. 26. Previously amended June 1982 STM, Art. 12, March 1978 STM, Art. 1, May 1975 ATM, Art. 17 and March 1974 ATM, Art. 10.) 1. Intent - The following apartment district requirements and procedures for complying therewith are designed to satisfy the needs of the present and future inhabitants of the town for apartment dwelling units while ensuring that such development and uses will not result in abuses detrimental to the health, comfort, safety and welfare of both the residents of the apartment units and the Town as a whole. Except as otherwise specifically provided for in the zoning by-laws, apartment developments in Holliston shall be allowed only according to the terms of a Special Permit and the provisions of this sub-section V-G. However, the provisions of this sub-section shall not apply to Federal and State subsidized housing for the elderly or low income constructed or operated under the supervision of the Holliston Housing Authority. Apartment Districts shall be allowed only by Town Meeting Vote amending the Zoning By-Law by amending the Zoning Map of Holliston. Such Apartment Districts shall be shown on such map by superimposing said districts on the basic AR-l, AR-2, and R-1 districts on which such Apartment Districts are superimposed, thus creating dual Di V-G(A) ACCESSORY FAMILY DWELLING UNIT (Amended May 1995 ATM, Art. 43) 1. The intent and purpose of this section is to permit accessory dwelling units in single family residential districts subject to the standards and procedures hereinafter set forth. It is also the intent to assure that the single-family character of the neighborhood will be maintained and that the accessory unit remain subordinate to the principal use of the living quarters. 2. Restrictions: Such additional family living unit shall be occupied by not more than two persons, and provided the owner of record is a resident within the structure which includes the accessory family dwelling unit. The existing unit shall accommodate an additional family unit only if: a. A member of the additional family is related by first degree of kinship, marriage or adoption to the owner of the premises. b. There is no other living unit on the lot, upon which the accessory unit is located. 3. Adequate provisions shall be made for the proper disposal of sewage, waste and drainage generated by the accessory unit in accordance with the requirements of the Board of Health. Such determination shall be made prior to application for the Conversion and evidence of the same shall be included with such application. 4. Adequate provisions as determined by the Building Inspector as being in compliance with the Massachusetts State Building Code for separate Ingress, Egress, to the outside of each unit. To the extent possible, exterior passage ways and access ways shall not detract from the single family appearance of the dwelling. An interior door way shall be provided between each living unit as a means of access for purposes of supervision and emergency response. All stairways to additional floors shall be enclosed within the exterior walls of the structure. 5. Such accessory dwelling unit shall be limited to a maximum of (600) six hundred square feet in floor area. 6. Floor plans for the accessory unit and the principal residence, along with a certified site plan shall be submitted along with the application. 7. Off-Street Parkin ,50*,1.00 Comm. Dist.,""15,000 sf"",80',120',10',15',20',3,40,50,0.50 Ind. Dist.,""20,000 sf"",100',150',30',20',30',3,40,40,0.50 Apt. Dist.,10 ac.,500'*,500'*,50',50',50',2 1/2,35,20,- The above dimensions are subordinate to any Buffer Area requirements. In Apartment districts, the yard dimensions shall apply to building setbacks with reference to: (a) the perimeter bounds of an entire apartment development; (b) each street bounding or within an apartment development; and (c) any private way which, in the opinion of the Planning Board, may later become a street, rather than to each building in such an apartment development. Exceptions: '*' or such modification as the Board of Appeals may allow; '**' except that the Board of Appeals may authorize the reduction of yards to zero and an increase in coverage to 80%, subject to Section V-K5 and '***' additional area may be necessary to meet Board of Health requirements for sewage disposal. ""-"" indicates no specified ratio.. Walls specifically designed as impermeable barriers for the proper installation of sub-surface sewage disposal systems, and those designed and constructed in accordance with plans approved as part of a subdivision approval by the Planning Board shall be exempt from the setback requirements within the Schedule of Intensity Regulations. (Amended May 2008 ATM, Art. 39. Previously amended May 1998 ATM, Art. 45, May 1997 ATM, Art. 30, May 1986 ATM, Art. 11, March 1974 ATM, Art. 10, and April 1970 ATM, Art. 20.) IV-C MODIFICATION AND EXCEPTIONS 1. Where two or more requirements in this by-law are applicable to the same open space, that which imposes the greatest restriction on the placement of the building will control. 2. In all districts 2,000 square feet of lot area shall be required for each room to be used by transient paying guests. This requirement shall be in addition to the area requirements of the district for any other use. 3. In all districts (except Village Center Commercial district, as provided in Sec Are accessory or in-law apartments allowed (by right or special permit) in any district? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Accessory family dwelling units are permitted in single family residential districts under Holliston's zoning bylaws, as described in section V-G(A)." "[INST] Context: entification of businesses or occupants or guidance or direction of traffic or parking. No accessory sign shall exceed two square feet in area. (7) Any existing nonconforming sign legally erected prior to the adoption of this Chapter or any amendment thereof, may be continued to be maintained, but shall not be enlarged, reworded, redesigned or altered in any way unless said sign shall conform with the provisions of this subsection. H. Mixed use buildings comprised of retail space on the first floor, and office space or residential dwelling units on the second and third floors. The residential dwelling units shall have dedicated on-site parking spaces. No dwelling unit shall have less than 600 gross square feet. [Added 5-1-2006 ATM, Art. 32 ] I. Accessory uses. § 210-19. Uses allowed by special permit. In addition to the foregoing permitted uses, the following uses shall be allowed in a B District upon the granting of a special permit by the Board of Appeals: A. Gasoline service stations and automobile repair garages, expressly including the accessory use of retail sale of propane, provided the maximum size of a propane storage tank does not exceed 2,000 gallons, and also provided there is compliance with all other federal, state, and municipal regulatory requirements. B. Single and multifamily residences; buildings used for dwelling purposes. All residential uses must comply with the dimensional requirements contained in Article II, Residence A (RA) District. C. Live commercial entertainment. D. Drive-in, drive-through, or drive-up uses, but excluding the dispensing of food or drink, provided that: 1) an adequate dedicated area for at least four vehicles to queue shall be provided on the premises, 2) notification of the public hearing for such special permit shall be mailed to the owners of all properties within 1,000 feet of the premises, and 3) the Board of Appeals shall grant the Special Permit only if it finds that the proposed use will not be detrimental to the surrounding neighborhood. E. Car wash facilities. F. T A. The intent and the purpose of this section is to permit accessory dwelling units in single- family residential districts subject to the standards and procedures hereinafter set forth. It is also the intent to assure that the single-family character of the neighborhood will be maintained and that the accessory unit remains subordinate to the principal living quarters. B. Restrictions. A special permit may be granted by the Zoning Board of Appeals for the conversion of an existing or new single-family dwelling to accommodate an additional family living unit by the installation of a common wall or the partitioning of or extension of existing living space. C. Use limitations. Such additional family living unit shall at the discretion of the Zoning Board of Appeals accommodate up to a maximum of three persons, provided that the owner of record of the structure is a resident of the structure which includes the accessory family dwelling unit. The existing unit shall accommodate an additional family unit only if a) a member of the additional family is related by blood, marriage or adoption to the owner of the premises; or b) a member of the additional family is 60 years of age or older. There shall be no other living unit on the lot upon which such accessory unit is to be located. D. Disposal of sewage. Adequate provision shall be made for the disposal of sewage, waste and drainage generated by the occupancy of such accessory unit in accordance with the requirements of the Board of Health. Such determination shall be made prior to the application for a special permit, and evidence of same shall be included with such application. E. Ingress, egress, access. Adequate provision, as determined by the Director of Municipal Inspections, shall be provided for separate ingress and egress to the outside of each unit. To the extent possible, exterior passageways and accessways shall not detract from the single-family appearance of the dwelling. An interior doorway shall be provided between each dwelling unit as a means of access for purposes of supervision and emergency response. All stairways to additional stories shall be ) Accessory signs: limit of two accessory signs per business, which may indicate identification of businesses or occupants or guidance or direction of traffic or parking. No accessory sign shall exceed two square feet in area. (7) Any existing nonconforming sign legally erected prior to the adoption of this Chapter or any amendment thereof, may be continued to be maintained, but shall not be enlarged, reworded, redesigned or altered in any way unless said sign shall conform with the provisions of this subsection. H. Mixed use buildings comprised of retail space on the first floor, and office space or residential dwelling units on the second and third floors. The residential dwelling units shall have dedicated on-site parking spaces. No dwelling unit shall have less than 600 gross square feet. I. Accessory uses. § 210-20.3. Uses allowed by special permit. In addition to the foregoing permitted uses, the following uses shall be allowed in a BD District upon the granting of a special permit by the Board of Appeals: A. Gasoline service stations and automobile repair garages, expressly including the accessory use of retail sale of propane, provided the maximum size of a propane storage tank does not exceed 2,000 gallons, and also provided there is compliance with all other federal, state, and municipal regulatory requirements. B. Single and multifamily residences; buildings used for dwelling purposes. All residential uses must comply with the dimensional requirements contained in Article II, Residence A (RA) District. C. Live commercial entertainment. D. Drive-in, drive-through, or drive-up uses, but excluding the dispensing of food or drink, provided that: 1) an adequate dedicated area for at least four vehicles to queue shall be provided on the premises, 2) notification of the public hearing for such special permit shall be mailed to the owners of all properties within 1,000 feet of the premises, and 3) the Board of Appeals shall grant the Special Permit only if it finds that the proposed use will not be detrimental to the surrounding neighborhood. E. Car wash facilities. F. Theaters, halls and clubs. G. Off-street parking facility. The Planning Board and not the Board of Appeals shall be the Special Permit Granting Authority for such facilities. § 210-20.4. Off-stree ppearance of the dwelling. An interior doorway shall be provided between each dwelling unit as a means of access for purposes of supervision and emergency response. All stairways to additional stories shall be enclosed within the exterior walls of the structure. F. Documentation. The Zoning Board of Appeals must determine that such conversion, new construction and occupancy of each unit shall meet the requirements of § 210-152 of this Chapter. G. Area limitation. Such accessory unit shall be limited to a maximum of 800 square feet in floor area. [Amended 5-2-2000 ATM, Art. 28] H. Plans. Floor plans of the accessory unit and principal residence and a certified site plan showing the dwelling unit on the lot and its relationship to other structures and premises within 200 feet of the lot shall be filed with the application for a special permit. I. Parking. Provisions for off-street parking of residents and guests of both units shall be provided in such a fashion as is consistent with the character of the neighborhood, as determined by the Zoning Board of Appeals, which shall seek advice from the Director of Municipal Inspections. J. Special permit. No building permit shall be issued in accordance with the special permit issued under this section until the special permit has been recorded in the Registry of Deeds by the applicant and evidence of such recording has been submitted to the Director of Municipal Inspections. K. Occupancy permit; control. No occupancy of the additional dwelling unit shall take place without an occupancy permit issued by the Director of Municipal Inspections. The initial occupancy permit shall remain in force for a period of two years from the date of issue, provided that ownership of the premises is not changed. Thereafter, permits may be issued by the Director of Municipal Inspections for succeeding two-year periods, provided that the structure and use continue to comply with the relevant provisions of the State Building Code, this Chapter and the special permit. Occupancy permits shall not be transferable upon change in ownership or change in occupancy. In such event, an affi % of the interior of any parking lot having 25 or more spaces shall be maintained with landscaping, including trees, in planting areas of at least four feet in width. (6)The portion of any parking lot which abuts a residential district or use shall be screened from such residential district or use by plant materials characterized by dense growth, or a combination of such plant materials, natural landforms and trees, which will form an effective year-round screen. Screening shall be at least five feet in height. Plant materials when planted may be less than five feet in height but not less than three feet in height if of a species or variety which shall attain the required height and width within three years of planting. (7)The portion of any parking lot which abuts a public way shall be adequately buffered from such public way by plant materials characterized by dense growth or a combination of such plant materials, trees, natural landforms and other landscape features, such as stone walls. Plant materials may be required to be at least five feet in height. Plant materials when planted may be less than five feet in height but not less than three feet in height if of a species or variety which shall attain the required height and width within three years of planting. § 210-125. Conversions of residential property. [Amended 4-9-1991 ATM, Art. 25, 5-7-2007 ATM, Art 26] The conversion of any house for rental purposes to accommodate not more than four families or units may be undertaken in any zoning district except an Industrial A (IA) or Industrial B (IB) District upon grant of a special permit by the Board of Appeals, provided that the exterior is not materially altered and provided that each dwelling unit so created contains a floor area of at least 600 square feet. Two parking spaces shall be provided on the site for each dwelling unit. § 210-126. Accessory family dwelling unit. [Added 5-4-1993 ATM, Art. 20] A. The intent and the purpose of this section is to permit accessory dwelling units in single- family residential districts subject to the standards and procedures hereinafter set forth. It is also the inten Are accessory or in-law apartments allowed (by right or special permit) in any district? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Accessory dwelling units in single- family residential districts are permitted subject to certain restrictions in Hopkinton, as described in Hopkinton's zoning bylaws. " "[INST] Context: be allowed. (k) The proposed use is determined to be in harmony with the intent and purpose of the Zoning By-Law. 2. In order to encourage the development of housing units for disabled and handicapped individuals and persons with limited mobility, the SPGA may allow reasonable deviation from the stated conditions where necessary to install features that facilitate access and mobility for disabled persons. 3. Approval for an ADU requires that the owner must occupy one of the dwelling units. The zoning approval and the notarized letters required in 5.2.6.4 (4) & (5) below must be recorded in the Middlesex South County Registry of Deeds or Land Court, as appropriate, in the chain of title to the property, with documentation of the recording provided to the Building Commissioner, prior to the occupancy of the accessory dwelling unit. 4. Prior to issuance of a special permit, the owner(s) must furnish an affidavit, sworn under the pains and penalties of perjury, stating that the owner will occupy one of the dwelling units on the premises as the owner's primary residence, except for bona fide temporary absences. 5. When a structure, which has received a special permit for an accessory dwelling unit, is sold, the new owner(s), if they wish to continue to exercise the Special Permit, must, within thirty (30) days of the purchase, submit a notarized letter to the Building Commissioner stating that they will occupy one of the dwelling units on the premises as their primary residence, except for bona fide temporary absences. 6. Prior to issuance of a special permit, a floor plan must be submitted showing the proposed interior and exterior changes to the building. 5.2.6.5 Administration and Enforcement 1. It shall be the duty of the Building Commissioner as Zoning Enforcement Officer to administer and enforce the provisions of this Bylaw. 2. No building shall be changed in use or configuration, until the Building Commissioner has issued a permit. No permit shall be issued until a sewage disposal works permit, when app e for households at a variety of stages in their life cycle; 4. Provide housing units for persons with disabilities; 5.2.6.2 Definitions: 1. ACCESSORY DWELLING UNIT (ADU) : A self-contained housing unit incorporated within a single-family dwelling or existing detached structure that is clearly a subordinate part of the single-family dwelling and which complies with each of the use and dimensional regulation stated in section 5.2.6.4 below. 2. BUILDING, ATTACHED : A building having any portion of one or more walls in common or within five feet of an adjacent building. 3. BUILDING, DETACHED : A building having five feet or more of open space on all sides. 4. DWELLING, SINGLE-FAMILY : A building designed or used exclusively as a residence and including only one dwelling unit. 5. DWELLING UNIT : One or more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household. This definition does not include a trailer, however mounted. 6. PRIMARY DOMICILE : That place where a person has his or her true, fixed, and permanent home and principal establishment, and to which he or she is never absent more than 6 months. 7. TEMPORARY ABSENCE : Absence of no more than 6 months. 5.2.6.3 Procedural Requirements: 1. An application for an Accessory Dwelling Unit Special Permit shall be filed with the Zoning Board of Appeals in accordance with its applicable filing requirements. 2. The Zoning Board of Appeals shall not grant any variances under this section except as noted in 5.2.6.4 (2). 5.2.6.4 Use and Dimensional Regulations: 1. The Zoning Board of Appeals as the Special Permit Granting Authority (SPGA) may issue a Special Permit authorizing the installation and use of an accessory dwelling unit in a single-family home or lot provided the following conditions are met: (a) The accessory dwelling unit may be located in the primary domicile. (b) the installation and use of an accessory dwelling unit in a single-family home or lot provided the following conditions are met: (a) The accessory dwelling unit may be located in the primary domicile. (b) The primary domicile to be altered to include an accessory dwelling unit shall maintain the appearance of a single-family structure. (c) The unit will consist of a complete, separate housekeeping unit containing both kitchen and bath. (d) Only one accessory dwelling unit may be created within a single-family house or house lot. (e) The owner(s) of the residence in which the accessory dwelling unit is created must continue to occupy at least one of the dwelling units as their primary residence, except for bona fide temporary absences. (f) Any new separate outside entrance serving an accessory dwelling unit shall be located on the side or in the rear of the building as remote as possible from one another. (g) The habitable floor area of the accessory unit shall not exceed twenty-five (25%) of the habitable floor area of the entire dwelling or 900 square feet, whichever is greater. (h) An accessory dwelling unit may not be occupied by more than three (3) people nor have more than two bedrooms. (i) The construction of any accessory dwelling unit must be in conformity with the State Building Code, Title V of the State Sanitary Code and other local bylaws and regulations. (j) Sufficient and appropriate space for at least two (2) additional parking spaces shall be provided by the owner to serve the accessory dwelling unit. Said parking space shall be constructed of material consistent with the existing driveway and shall have vehicular access to the driveway. Stacking of vehicles for the different dwelling units shall not be allowed. A separate driveway opening for the accessory dwelling unit shall not be allowed. (k) The proposed use is determined to be in harmony with the intent and purpose of the Zoning By-Law. 2. In order to encourage the development of housing units for disabled and handicapped indiv , safety precautions and surfacing material. d) A topographical map, if required. e)There shall also be shown on said chart additional information, if any, necessary for the Planning Board to determine compliance with this Bylaw. 5.2.5 Additional Uses Allowed By Special Permit in the Mobile Home SB-2 District subject to the following conditions: 5.2.5.1 Mobile Home Parks, provided that a)Mobile homes shall each be located on a lot with a minimum area of five thousand (5,000) square feet. b) Each individual mobile home lot shall have a minimum frontage of fifty (50) feet measured either at the front lot line or at the set back line. c) No mobile home or part thereof shall be erected or altered to within thirty (30) feet of the front lot line, except on a corner lot and in such case no mobile home or part thereof shall be erected or altered to within fifteen (15) feet of the front lot line nor within ten (10) feet from the interior lot line having the greatest dimension. d) No mobile home or part thereof shall be erected or altered to within ten (10) feet of the rear lot line. e) No mobile home or part thereof shall be erected or altered to within ten (10) feet of the side lot line. f)No mobile home shall have a floor area of less than three hundred fifty (350) square feet. 5.2.6 Accessory Dwelling Units 5.2.6.1 Purpose and Intent: The intent of allowing accessory dwelling units is to: 1. Preserve the residential character of a neighborhood. 2. Add moderately priced rental units to the housing stock to meet the needs of smaller households and make housing units available to moderate income households who might otherwise have difficulty finding housing; 3. Develop housing units in single-family neighborhoods that are appropriate for households at a variety of stages in their life cycle; 4. Provide housing units for persons with disabilities; 5.2.6.2 Definitions: 1. ACCESSORY DWELLING UNIT (ADU) : A self-contained housing uni 5.3 COMMERCIAL DISTRICTS 5.3.1 Uses Permitted 5.3.1.1 Buildings, structures, and premises may be used for any use permitted in a Residence District and/or lawful business, service or public utility. 5.3.2 Uses Allowed by Special Permit granted by the Board of Appeals 5.3.2.1 The following uses when specifically approved as special exceptions by the Board of Appeals, which shall have found that the proposed use will not have an adverse effect on the present and future dwellings in the vicinity, or create traffic hazards or volume greater than the capacity of the streets affected, or other appropriate safeguards and conditions which the Board of Appeals deems necessary: a) Multiple dwellings in ALL Districts except C-1, C-11, and C-12 subject to the same conditions of Section 5.2.4 above and provided that the permit granting authority finds that the non-residentially zoned area would not be adversely affected by such residential use, and that permitted uses in the district are not noxious to a multifamily use. 5.3.3 Uses Allowed by Special Permit in ALL Commercial Districts EXCEPT C-1 5.3.3.1 Motor vehicle repair facilities, including those repairing, painting, or storing motor vehicles, provided the disabled vehicles are screened from abutting lots or exterior streets by a solid landscaped screen and/or fence at least five (5) feet but no more than seven (7) feet in height. 5.3.3.2 Junk yards, provided that outdoor storage areas are screened from view from abutting lots or exterior streets by a solid landscaped screen and/or fence at least five (5) feet but no more than seven (7) feet in height. 5.3.3.3 Drive-in theaters, provided that the moving picture images are directed away from existing dwelling units. 5.3.4 Uses Allowed by Special Permit in the C-1 District 5.3.4.1 The conversion of existing structures for multiple dwellings where the first floor is devoted to commercial use except for the access to the upper floors, provided that: a) The first floor is not used for Are accessory or in-law apartments allowed (by right or special permit) in any district? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Accessory dwelling units are permitted in Hudson subject to certain restrictions, as described in section 5.2.6. " "[INST] Context: ccupancy of the dwelling unit is limited to: 17.3.3.1. A family related by blood, marriage or adoption to the owner of the premises, or 17.3.3.2. A household with an individual who is 65 years of age or older, or 17.3.3.3. A household with an individual with disabilities. 17.3.3.4.A low- or moderate-income household, provided the unit meets the requirements of the Local Initiative Program, 760 CMR 45-00, for listing on the Chapter 40B SUBSIDIZED HOUSING INVENTORY as provided for by G.L. c.40B, Sections 20-23. 17.3.4. Disposal of sewage. Adequate provision shall be made for the disposal of sewage, waste and drainage generated by the occupancy of such accessory unit in accordance with the requirements of the Board of Health. Connection to the to the municipal sewer system is required for property located in a designated sewer service area unless such connection imposes an undue economic hardship on the applicant, as determined by the Sewer Commission. Such determination shall be made prior to the application for a SPECIAL PERMIT, and evidence of same shall be included with such application. 17.3.5. Ingress, egress, access. Adequate provision, as determined by the BUILDING COMMISSIONER, shall be provided for separate ingress and egress to the outside of each unit. To the extent possible, exterior passageways and accessways shall not detract from the single-family appearance of the dwelling. An interior doorway shall be provided between each dwelling unit as a means of access for purposes of supervision and emergency response. All stairways to additional stories shall be enclosed within the exterior walls of the STRUCTURE. 17.3.6. Area limitation. Such accessory unit shall be limited to a maximum of 900 square feet in floor area. 17.3.7. Plans. Floor plans of the accessory unit and principal residence and a certified site . plan showing the dwelling unit on the LOT and its relationship to other STRUCTURES and premises within 200 feet of the LOT s ans. Floor plans of the accessory unit and principal residence and a certified site . plan showing the dwelling unit on the LOT and its relationship to other STRUCTURES and premises within 200 feet of the LOT shall be filed with the application for a SPECIAL PERMIT. 17.3.8. Parking. Provisions for off-street parking of residents and guests of both units shall be provided in such a fashion as is consistent with the character of the neighborhood, as determined by the Zoning BOARD OF APPEALS, which shall seek advice from the BUILDING COMMISSIONER 17.3.9. Special Permit. No building permit shall be issued in accordance with the SPECIAL PERMIT issued under this section until the SPECIAL PERMIT has been recorded in the Registry of Deeds by the applicant and evidence of such recording has been submitted to the BUILDING COMMISSIONER. 17.3.10. Occupancy permit; control. No occupancy of the additional dwelling unit shall take place without an occupancy permit issued by the BUILDING COMMISSIONER. 17.3.11. For an accessory dwelling unit authorized by the BOARD OF APPEALS as affordable housing unit, the BUILDING COMMISSIONER shall not issue an occupancy permit without evidence that an affordable housing USE RESTRICTION or deed rider has been recorded at the Registry of Deeds and the unit has been approved by the Department of Housing and Community Development for inclusion on the Chapter 40B SUBSIDIZED HOUSING INVENTORY. 17.3.12.Occupancy permits shall not be transferable upon change in ownership or change in occupancy y In such event, on affidavit hail be presented to the BUILDING COMMISSIONER attesting to the fact that the circumstances under which an occupancy permit was granted will in the future continue to exist. The owner of record is responsible for initiating each application to the BUILDING COMMISSIONER. Appropriate fees, as established and recorded, may be assessed for each such renewal review, investigation and processing. All documentation presente museums, and private schools, including preschools and colleges. 5.3.8. Membership clubs, lodges, social recreational and community center buildings and grounds for games and sports, except those having as a principal purpose any activity which is usually carried on as a business (fairs and public benefits excluded). 5.3.9. Municipal use authorized by Town Meeting. 5.3.10. Other government uses. 5.3.11. Telephone exchanges, provided that there is no service yard or garage. 5.4. Uses and Structures Permitted by Special Permit. In the Suburban-Residential District, the Planning Board may grant a special permit for the following uses except that where an accessory apartment or the conversion of a single-family to a multi-family dwelling is allowed by SPECIAL PERMIT, the Special Permit Granting Authority shall be the Board of Appeals in accordance with Article 17 Accessory Dwelling Units and Conversion of Existing Single-Family Dwellings: **Webmasters Note: The previous section has been amended as per an update approved at a town meeting held 5/15/06. 5.4.1. BED AND BREAKFAST. 5.4.2. A home occupation not otherwise permitted under Section 5.2 or 5.3. 5.4.3. The conversion of a single-family dwelling in existence for at least ten years prior to the application for a SPECIAL PERMIT to a two-family dwelling, subject to the regulations for ""Accessory Dwelling Units and Conversion of Existing Single Family Dwellings"" in Article 17 of this Bylaw. 5.4.4. One accessory dwelling unit in a single-family dwelling in existence for at least five years to the application for a building permit, subject to the regulations for ""Accessory Dwelling Units and Conversion of Existing Single-Family Dwellings"" in Article 17 of this Bylaw. 5.4.5. Public or semipublic institutions of a philanthropic or charitable character, nursing homes, acute care and rehabilitation facilities. 5.5. Prohibited Uses. 5.5.1. Use of a MOBILE HOME on a residential LOT. 5.5.2. Parks for MOB f a single-family dwelling in existence for at least ten years prior to the application for a SPECIAL PERMIT to a two-family dwelling, subject to ""Accessory Dwelling Units and Conversion of Existing Single-Family Dwellings"" in Article 17 of this Bylaw. 6.4.4. Home specialty retail. 6.4.5. Public or semipublic institutions of a philanthropic or charitable character, nursing homes, acute care and rehabilitation facilities. 6.4.6. Assisted living facility or CONGREGATE LIVING RESIDENCE for the elderly or disabled, subject to ""Regulations for Assisted Living Facilities and Elderly Housing"" at Article 16 of this Bylaw. 6.4.7. Open Space-Residential Development, subject to ""Open Space-Residential Development"" regulations at Article 15 of this Bylaw. 6.4.8 Cemetery **Webmasters Note: The previous subsection has been added as per an update approved at a town meeting held 4/30/07. 6.5. Prohibited Uses. 6.5.1. Use of a MOBILE HOME on a residential LOT. 6.5.2. Parks for MOBILE HOMES. 6.5.3. Outdoor storage of more than one unregistered motor vehicle for more than ninety days, except on a farm. 6.5.4. Auto dismantling, junkyards, privately developed and operated septage waste disposal/treatment facilities and refuse disposal facilities are expressly prohibited. 6.5.5. Any use not explicitly provided for in this Bylaw. 6.6. Dimensional and Intensity Regulations. No building or STRUCTURE shall be located, constructed, changed, enlarged or permitted and no use of premises in the Agricultural Residential District shall be permitted except in conformity to the intensity and dimensional regulations as set forth herein. If a LOT is determined by the rules of Article 14 to be within a Water Resources Protection Overlay District, then the more restrictive regulations of Article 14 shall prevail. 6.6.1. Minimum LOT AREA: 87,120 square feet (ft2) 6.6.2. Minimum nd is one that is usual to maintain in connection with the primary use of the LOT. ADULT USES (OR ADULT ENTERTAINMENT USES) shall include any or all of the following: 1. Adult Bookstore - An establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other matter which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in G.L. c. 272, Section 31.. 2. Adult Motion-Picture Theater - An enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in G.L. c. 272, Section 31. 3. Adult Paraphemalia Store - An establishment having as a substantial or significant portion of its stock-in-trade devices, objects, tools or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in G.L. c. 272, Section 31. 4. Adult Video-Store - An establishment having as a substantial or significant portion of its stock-in-trade videos, movies or other film material which is distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in G.L. c. 272, Section 31. AFFORDABLE HOUSING : As used in this Bylaw, ""affordable housing"" is sub-classified as ""low- and moderate-income housing"" and ""BELOW-MARKET housing,"" according to the following meanings: 1. LOW- OR MODERATE-INCOME housing: housing occupied by households with incomes at or below 80% of area median income, as determined and published from time to time by the U.S. Department of Housing and Urban Development. Low- and moderate-income housing must meet the requirements of the Local Initiative Program, 760 CMR 45.00, and be approved for inclusion in the SUBSIDIZED HOUSING INVENTORY under G.L. c.40B, Sections 2023, prior to the issuance of an occupancy permit. A housing unit will generally be c Are accessory or in-law apartments allowed (by right or special permit) in any district? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Accessory dwelling units are permitted in Merrimac subject to certain restrictions, as described in section 17.3. " "[INST] Context: (2) Granting Authority. When a five-member Planning Board has been designated as the special permit-granting authority, one associate member may be authorized for a one-year term. The Board of Selectmen shall authorize/appoint the associate member who, upon the designation of the Chairman of the Planning Board, shall sit on the Board for the purposes of acting on a special permit application in the case of absence, inability to act or conflict of interest on the part of any member or in the event of a vacancy on the Board. [Added 4-22-2003 ATM, Art. 8] D. Definitions. (1) General. (a) For the purposes of this bylaw, the following words and phrases shall have the following meanings, except that terms (including without limitation, appurtenant structure, base flood, development, flood, flooding, flood elevation determination, flood-prone area, flood-proofing mean sea level, mobile home, new construction, regulatory floodway, sand dunes, structure, substantial improvement and water surface elevation) used in Section 97-4E of this By-Law, including all sections thereof inclusive shall be as set forth in Section 1909.1, Subchapter B of Chapter X of Title 24 of the Code of Federal Regulations, a copy of which Section 1909.1 shall be kept on file with the Town Clerk, the Planning Board and the Building Inspector. (2) Written Definitions. ACCESSORY APARTMENT : one dwelling unit associated with a single-family dwelling which is subordinate to the principal unit. ACCESSORY STRUCTURE : A structure which houses or is being used for something other than an allowed principal use. ADULT ARCADE : an establishment or portion thereof where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five (5) or fewer persons each, are used to show films, motion pictures, video cassettes, computer displays, slides, or other photographic reproductions which are characterized by the depiction or description of ""Specified Sexual Activiti istry of Deeds in Salem prior to March 21, 1978, and otherwise met all of the applicable requirement of the Zoning By-Law in effect at the time it was recorded or registered. Notwithstanding any provisions of this By-Law, a single residence or any other permitted buildings or structures may be erected in the agricultural-residential district on any lot which has not less than 20,000 square feet, and was recorded at the Registry of Deeds in Salem prior to March 21, 1978, and otherwise met all of the applicable requirement of the Zoning By-Law in effect at the time it was recorded or registered. This provision shall not apply to the Plum Island Zoning District, which shall instead be governed by G. L. c.40A, s 6, Para 4. C. Customary home occupations: (1) Customary home occupations (such as professional and business offices, arts and crafts shops, tradesman's shops and miscellaneous repair services) may be conducted in a dwelling or building accessory thereto by a person residing on the premises are permitted provided that: (a) Such use is clearly incidental and secondary to the residential use; (b) Not more than two (2) persons other than the resident is9 regularly employed thereon; (c) No offensive noise, odors, glare or unsightliness is produced; (d) There is no public display of goods or wares except for such signs as are permitted; and (e) That there is no exterior storage of materials, equipment [including the parking of more than one (1) commercial vehicle] or waste material that would indicate the presence of the use or violate the residential character of the premises. D. Accessory Apartments in the Agricultural-Residential District. [Amended 10-24- 2006 STM by Art. 3] (1) Purpose and Intent: It is the intent of this article to allow accessory apartments for non-rental purposes, including kitchens, within single family properties in the Agricultural-Residential Distr ms in the accessory apartment. (h) The Accessory Apartment must be within or have a common wall and common interior door with the single-family dwelling unit. (i) The existing house and the accessory apartment shall comply with all applicable health, safety, building and other applicable codes in effect at the time of the granting of the special permit. (j) Utilities such as water, electric and gas necessary for the accessory apartment shall be extensions of the existing utilities serving the principal single-family dwelling. (k) A minimum of one parking space shall be required for the accessory apartment. Parking spaces shall be located so that both the principal dwelling unit and the accessory apartment shall have at least one parking space with direct and unimpeded access to the street without passing through a parking space designated to serve the other dwelling unit. (l) The accessory apartment shall not change the single-family characteristic of the dwelling except for the provision of an additional access or egress, subject to the following conditions and requirements: 1) all stairways to second or third stories shall be enclosed within exterior walls; 2) any new entrance shall be located on the side or on the rear of the building. F. Temporary Trailers and Mobile Homes. (1) Purpose and Intent: It is the intent of this article to provide for the temporary use and occupancy of trailers and mobile homes within the Town of Newbury, subject to the limitations below. (2) Allowed Use: A trailer or mobile home may be used on any lot as provided below: (a) The owner or occupier of a residence which has been destroyed by fire or natural disaster may place a mobile home on the site of such residence and may, by right, reside in such mobile home for a period not to exceed the shorter of eighteen (18) months or the life of the active building permit, not to excee ] (1) Purpose and Intent: It is the intent of this article to allow accessory apartments for non-rental purposes, including kitchens, within single family properties in the Agricultural-Residential District for the purpose of supplying accessory housing stock in owner-occupied properties within the Town of Newbury. (2) Allowed Use: A non-rental accessory apartment may be allowed upon issuance of a building permit by the Building Inspector subject to the conditions and requirements set out in this bylaw. (3) Accessory Apartment Applicability: The Building Inspector shall issue a building permit for an accessory apartment in a detached, one family dwelling in the Agricultural Residential District provided that the dwelling unit and the proposed apartment meet the following conditions and requirements. (a) The owner of the dwelling in which the accessory apartment is created, shall occupy either of the dwelling units in the located structure in question, with temporary absences of up to six months. (b) For the purposes of this section, the ""owner"" shall be one or more individuals residing in a dwelling unit, who holds title and for whom the dwelling is the primary residence for voting and tax purposes. (c) The gross floor area of the dwelling, including the basement shall be at least 1600 square feet. (d) The size of the accessory apartment shall not exceed 35% of the principal dwelling unit at the time of the granting of the special permit. (e) No more than one accessory apartment shall be allowed per residential lot. (f) There shall be no boarders or lodgers within either unit of a dwelling with an accessory apartment. (g) There shall not be more than two bedrooms in the accessory apartment. (h) The Accessory Apartment must be within or have a common wall and common interior door with the single-family dwelling unit. (i) The existing house and the access Subsection A above and upon which one single one family residence and such structures normally accessory to such single one family residence exist as of the date of the enactment of Subsection B shall nevertheless be deemed to comply with the provisions of the Zoning By-Laws so long as such single one family residence remains on such lot. E. Residential Limited Business. (1) Allowed Uses: (a) Limited business; (b) Single and two family residences; (c) Agricultural use; (d) Customary home occupation as provided for in section 97-10C; (e) Church or other religious purpose; (f) Educational purpose which is non-profit or public; (g) Uses customarily accessory to allowed uses. (2) Prohibited Uses: (a) Any use not herein expressly allowed shall be prohibited. (3) Uses By Special Permit: (a) In appropriate cases and subject to appropriate conditions, safeguards and limitations on time or use, the Selectmen may grant an applicant a special permit to make use of the land or erect and maintain buildings or other structures thereon in accordance with the provisions of Chapter 40A of General Laws, if such use, buildings or other structures are in harmony with the general purpose and intent of this By-Law and with the provisions stipulated in § 97-10.C(1) (c) (d) & (e) for the purpose of municipal uses; A library; a nursing or rest home; a hospital; a private club; or a doctor's, lawyer's, or similar professional office; provided the Selectmen find, after a Public Hearing of which due notice is given to any party in interest as defined in Section 11, of Chapter 40A of the General Laws, that the proposed use, building or structure is for the best interest of the Town, is not injurious or obnoxious to the neighboring properties, will satisfy a community need or convenience not otherwise being served, will not affect abutting and nearby properties by increasing traffic and on-street parking, and that nothing connected with the use, buildings or structure, such as machinery, vehicles, material, supplies, equipment and waste materials shall be stored between the stre Are accessory or in-law apartments allowed (by right or special permit) in any district? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Accessory apartments for non-rental purposes are allowed within single family properties in the Agricultural-Residential District subject to certain restrictions in Newbury. " "[INST] Context: he FAR. Twice the number of bedrooms in the affordable units may be exempted from the total number of bedrooms in calculations pertaining to land area required per bedroom. (3) In any RS district: Developments may exempt twice the number of affordable dwelling units required by current zoning in Section 4.4.7 (a) and an equal number of additional market rate units when calculating the maximum number of dwelling units per acre. Concurrently, developments may exempt twice the number of affordable bedrooms required by current zoning in Section 4.4.7 (a) and an equal number of additional bedrooms when calculating the maximum number of bedrooms per acre. (4) In any R4 or BC district: The following requirements shall be substituted for the off street parking space requirements listed in Section 6.1.2 (f). Multifamily apartment or condominium complexes consisting of fifty (50) units or fewer, regardless of whether said units are contained within one (1) or more buildings or phases, shall provide a minimum of 2.0 spaces per unit inclusive of visitor parking. Multifamily apartment or condominium complexes consisting of greater than fifty (50) units shall provide a minimum of 1.8 spaces per unit inclusive of visitor parking. 4.11.7 Alternative Methods of Affordability (1) Section 4.11 mandates that affordable units shall be provided onsite. However, in certain exceptional circumstances the City Council may, at the formal written request of the developer, consider an alternative method of compliance. In granting such authorization, the City Council must find that the developer has demonstrated that building the required affordable units on-site would create a significant hardship, or that such alternate method of compliance is in the best interests of the City. A significant hardship shall be defined as being of such significance that the property cannot physically accommodate the required affordable units and/or related requirements, such as height, setbacks, or parking. To have such a request considered, the burden of proof shall be on the developers, who must make full disclosure to the City (d) Exterior changes shall be constructed in a manner that allows for the accommodation of the accessory living area, but also is constructed in a manner that maintains the appearance of the structure as a single-family dwelling. The primary entrance to the family dwelling shall be utilized by the accessory living area, with construction of a secondary access if needed. External reconstruction for the accessory living area must be consistent with the exterior of the larger dwelling. Scaled plans showing conversion or alteration of the single-family residence are required. (e) If an entrance is required for an accessory living area, it shall be located on the side or in the rear of the dwelling. (f) Owner occupied applicant for the accessory living area must certify that sufficient parking exists on the site. All parking is to be accommodated on site, except in the case where the person residing in the accessory living area does not drive or have a motor vehicle. A homeowner may add a maximum of two hundred (200) square feet of parking area within his or her lot. (Ord. of 7-7-94, § 3) (g) Under no circumstances shall the Special Permit be effective until the applicant is the owner of the property containing the Family Accessory Living Area. This provision would apply when the applicant presents a validly, executed purchase and sale agreement with the FALA application, where the applicant is designated as the buyer. **Webmasters Note: The previous subsection has been added as per an update adopted 9/11/03. 4.7.3 Procedure. (a) No accessory living area shall be constructed within a special permit granted by the city council and a building permit issued by the building inspector. (b) A certificate of occupancy shall be issued after the building inspector determines that the accessory living area is in conformity with the approved plans, the provisions of the ordinance, and all applicable codes. (c) Yearly certification from the owner occupied applicant that the family member still resides in the accessory living area is required every year. Once the family member leaves the accessory living area, it must be d for storage warehousing allowed by special permit and/or as of right shall be an exception to the foregoing. The following parking requirements shall substitute: There shall be provided not less than two (2) parking spaces for the caretaker quarters, if any, plus a minimum of four (4) additional spaces for use in connection with the on-site office. (Ord. of 10-1-81, § 7; Ord. of G-23-83, § 8; Ord. of 2-9-84, § 3; Ord. of 10-11-84, § 17; Ord. of 9-24-87, § 2; Ord. of 8-25-88, § G) (f) Residence districts and residential uses in business districts: R-1, R-1A, R-1B, R-2 and R-3: Two (2) for every family dwelling unit. R-4: Two (2) spaces for every family dwelling unit. (Ord. of 8-25-88, § 6) R-5: Two (2) spaces for every family dwelling unit. (Ord. of 5-10-84, § 3; Ord. of 8-25-88,§ 6) B-R: Two (2) spaces for every family dwelling unit. (Ord. of 8-25-88, § 6) B-C: Two (2) spaces for every family dwelling unit. (Ord. of 8-25-88, § 6) B-N: Two (2) spaces for every family dwelling unit. (Ord. of 8-25-88, § 6) B-N2: Two (2) spaces for every family dwelling unit. (Ord. of 8-25-88, § 6) In all R-4, R5, B-R, B-C, B-N and BN2 districts all multifamily apartment or condominium complexes in excess of four (4) dwelling units, regardless of whether said units are contained within one (1) or more buildings or phases, shall contain a minimum of one (1) visitor parking space for every three (3) dwelling units. Said space(s) shall be clearly designated as a visitor's parking space. (Ord. of 8-25-88, § 6) PRD: As required in section 4.4.9(a)(2). (Ord. of 10-11-84, § 18) MH: As required in section 4.4.3(e). (Ord. of 10-11-84, § 18) (g) Hotel, lodging, or rooming house: One (1) for every separate living unit (h) Convalescent or rest homes or similar institutions: One (1) for every three (3) beds and one (1) for every employee on the largest work shift. (Ord. of 5-22-80, § 3) (i) Industrial and other uses: One (1) for every one and one-half (1 1/2) persons employed or anticipated to be employed on the largest shift for all types of shop 4.7 FAMILY ACCESSORY LIVING AREAS/PURPOSE/REQUIREMENTS/PROCEDURE 4.7.1 Purpose. The requirements and procedures outlined in this section are not intended to encourage the public in acquiring variances to allow for the construction of larger dwellings for the use of accessory living areas, instead, they are intended to: (a) Assist families in Peabody to provide alternative housing options for their family members, not permanent housing, nor rental, but temporary housing to deal with family situations. (b) Create feasible housing alternatives for elderly people or other family members looking to stay in their homes, yet receive help they need for other family members, and to encourage a diverse population with a particular focus on young adults and senior citizens. (c) Increase the range of housing accommodations and encourage a more economic and energy efficient use of the city's housing supply while preserving the character of the city's single-family neighborhoods by establishing parking, size, and family member occupancy guidelines for the use of family accessory living area. (Ord. of 7-7-94, § 3) 4.7.2. Requirements. After a special permit has been approved by the city council, the special permit granting authority, the building inspector shall issue a building permit to create an accessory living area in any detached single-family dwelling provided that each of the following conditions and requirements is met: (a) An affidavit sworn under penalties of perjury, with proper documentation is required to certify that the accessory living area is for a family member. Family member shall constitute brothers, sisters, parents, grandparents, grandchildren and/or adult children. (b) Not more than one (1) accessory living area shall be located upon a single lot. (c) The size of the accessory living area shall not exceed the lesser of seven hundred (700) square feet or fifty (50) percent of the principal dwelling. (d) Exterior changes shall be constructed in a manner that allows for the accommodation of the accessory living area, but also is constructed in a manner that maintains the appearance of the structure as ly certification from the owner occupied applicant that the family member still resides in the accessory living area is required every year. Once the family member leaves the accessory living area, it must be discontinued. The building inspector will inspect abandoned accessory living areas, without the need of a warrant by providing reasonable notice to the owner occupied applicant on a yearly basis to make such [sure] they stay discontinued. (d) As per section 7.5 of the Peabody Zoning Ordinance and penalties of perjury, prosecution will be levied against a homeowner who continues to occupy an accessory living area after it has been decertified. (e) An owner occupied applicant is responsible for recording the first certification with the registry of deeds and providing the city with copies of documentation prior to receiving an occupancy permit. Any accessory living area without proper documentation recorded and filed with the city will be subject to fines as per section 7.5 of the Peabody Zoning Ordinance. This use shall expire upon terms established by the city council or upon the sale of the house whichever precedes. (f) Amnesty period is offered to those existing accessory apartment dwelling units one (1) year from the adoption of the family accessory living area ordinance. (g) There will be a seventy-five dollar ($75.00) fee for each yearly inspection. (Ord. of 7-7-94, § 3) 4.8 CONTINUING CARE RETIREMENT COMMUNITIES /REQUIREMENTS 4.8.1 Scope. Notwithstanding any other provision of this ordinance, the following provisions of this section 4.8 shall apply to all CCRCs and shall supersede any requirements of this ordinance which are inconsistent with them so that in the event of contradictory provisions within this ordinance concerning CCRCs, the provisions of this section 4.8 shall be deemed to govern. (Ord. of 3-19-98, § 3) 4.8.2 Multiple lots. In the event a CCRC is located on multiple lots which are contiguous to one another, the provisions of this Section 4.8 shall apply to the CCRC as if such multiple lots were a single lot for all purposes of this Ordinance (so that, for example, any setback, yard dept Are accessory or in-law apartments allowed (by right or special permit) in any district? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Accessory living areas are permitted in Peabody subject to certain restrictions, as described in section 4.7. " "[INST] Context: ither unit is owner-occupied. 3433. Not more than one accessory apartment may be established on a lot. The accessory apartment shall not exceed 800 sq. ft. in gross floor space and shall be located in the principal residential structure on the premises; 3434. The external appearance of the structure in which the accessory apartment is to be located shall not be significantly altered from the appearance of a single-family structure. 3435. Sufficient and appropriate space for at least one (1) additional parking space shall be constructed by the owner to serve the accessory apartment. Said parking space shall be constructed of materials consistent with the existing driveway and shall have vehicular access to the driveway. 3440. Decision. Special permits for an accessory apartment may be granted by the Board of Appeals upon a finding that the construction and occupancy of the apartment will not be detrimental to the neighborhood in which the lot is located and after consideration of the factors specified in Section 9300 of this Zoning Bylaw, governing special permits. 3500. NONCONFORMING USES AND STRUCTURES 3510. Applicability. This Zoning Bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which this Zoning Bylaw, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder. 3520. Nonconforming Uses. The Board of Appeals may issue a special permit to change a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Board of Appeals: 3521. Change or substan mit shall be limited to five years, or the transfer of the property, whichever first occurs. 3326. does not include sales at retail of foods or materials unless such goods or materials are made on the premises and no more than 300 square feet shall be utilized for this purpose; unless otherwise allowed by the Table of Use Regualtions. 3400. ACCESSORY APARTMENTS 3410. Purpose. For the purpose of (a) providing small additional dwelling units to rent without adding to the number of buildings in the Town, or substantially altering the appearance of the Town, (b) providing alternative housing options for elder residents, and (c) enabling owners of single family dwellings larger than required for their present needs, particularly elderly homeowners, to share space and the burdens of home ownership, the Board of Appeals may grant a special permit in accordance with the following requirements. 3420. Procedure. Accessory apartments may be allowed by special permit, from the Board of Appeals, in accordance with the special permit process in this Zoning Bylaw, as set forth in Section 9300, and provided that each of the following additional criteria are met. 3430. Conditions. 3431. A plot plan of the existing dwelling unit and proposed accessory apartment shall be submitted to the Board of Appeals, showing the location of the building on the lot, proposed accessory apartment, location of any septic system or sewer line, private well or water line and required parking. 3432. One of the two dwelling units shall be occupied by the owner of the property, except for bona fide temporary absence(s). At the hearing on the application for the special permit, the applicant shall provide an affidavit of intent to occupy one of the two dwelling units. Any special permit for an accessory apartment shall lapse if neither unit is owner-occupied. 3433. Not more than one accessory apartment may be established on a lot. The accessory apartment shall not exceed 800 sq. ft. in gross floor space and shall be located in the pri ny use permitted as a principal use is also permitted as an accessory use provided such use is customarily incidental to the main or principal building or use of the land. Any use authorized as a principal use by special permit may also be authorized as an accessory use by special permit provided such use is customarily incidental to the main or principal building or use of the land. Any use not allowed in the district as a principal use is also prohibited as an accessory use. Accessory uses are permitted only in accordance with lawfully existing principal uses. In all instances where site plan review and approval is required for a principal use, the addition of any new accessory use to the principal use, where such addition exceeds the thresholds established in Section 9400, shall also require site plan review and approval. 3230. Residential Accessory Uses The following accessory uses are specifically permitted as of right or through a Board of Appeals Special Permit in the Residence Districts, as set forth herein, and shall be maintained in a safe and sanitary manner: 3231. Boarders in Single-Family Dwelling. The renting of rooms and/or furnishing of board to not more than two persons in a single-family dwelling by the owner/occupant thereof shall be a permitted accessory use. The renting of rooms and/or furnishing of board to three or four persons in a single-family dwelling by the owner/occupant thereof shall be allowed as an accessory use upon the grant of a special permit. The renting of rooms and/or furnishing of board to four or more persons shall be deemed a boarding house subject to the provisions of the Table of Use Regulations. 3232. Contractor's yard for the storage of building materials or equipment; provided a special permit is granted. 3233. Commercial landscaping equipment, materials, supplies; provided a special permit is granted. 3234. The overnight parking of commercial vehicles owned or operated by a resident of the premises, subject to the following limitations; nothing herein erials, supplies; provided a special permit is granted. 3234. The overnight parking of commercial vehicles owned or operated by a resident of the premises, subject to the following limitations; nothing herein shall be construed to authorize a business at the location where such vehicles are parked overnight: a. one or more commercial vehicle less than 15,000 gvw are allowed as of right; b. one commercial vehicle of more than 15,000 gvw but less than 35,000 gvw is also allowed as of right; c. more than one commercial vehicle of more than 15,000 gvw but less than 35,000 gvw is allowed by special permit; d. any commercial vehicle larger than 35,000 gvw is allowed by special permit. 3240. Prohibited Accessory Uses. The following accessory uses are prohibited: 3241. Unregistered Motor Vehicles. Not more than one (1) unregistered motor vehicle or trailer or major part(s) thereof, except for farm vehicles, shall remain ungaraged upon any premises at any time unless under a Class 1 or Class 2 license for sale of motor vehicles. No unregistered motor vehicle may be stored or maintained upon any premises within fifty (50) feet from a street, public way or way laid out on a recorded plan. 3242. Residence Districts. In the Residence Districts, the following accessory uses are prohibited: a. Commercial kennels; b. Commercial auto repair or service. 3300. HOME OCCUPATIONS 3310. Home Occupation - As of Right. A home occupation may be allowed as of right, provided that it: 3311. is conducted solely within a dwelling unit or in a building or other structure accessory thereto, and solely by the person(s) occupying the dwelling as a primary residence; 3312. is clearly incidental and secondary to the use of the premises for residential purposes; 3313. does not produce offensive noise, vibration, smoke, dust, odors, heat, lighting, electrical interference, radioactive emission or environmental pollution in accordance with the provisions of Section 5500; 3314. does not utilize exterior storage of ma SECTION 3000. USE AND TIMING REGULATIONS 3100. PRINCIPAL USES. No land shall be used and no structure shall be erected or used except as set forth in the following Table of Use Regulations, including the notes to the Schedule, or as otherwise set forth herein, or as exempted by General Laws. Any building or use of premises not herein expressly permitted is hereby prohibited. 3110. Symbols. Symbols employed in the Table of Use Regulations shall mean the following: Y.Permitted as of right N.Prohibited BA Special Permit/Board of Appeals PB Special Permit/Planning Board BOS Special Permit/Board of Selectmen 3120. If Classified Under More than One Use. Where an activity may be classified as more than one of the principal uses listed in the Table of Use Regulations, the more specific classification shall determine permissibility; if equally specific, the more restrictive shall govern. 3130. Table of Use Regulations. SEE APPENDIX A. 3200. ACCESSORY USES 3210. Permitted Accessory Uses in All Districts The following accessory uses are specifically permitted as of right or by special permit: 3211. Accessory Scientific Uses. Uses, whether or not on the same parcel as activities permitted as a matter of right, which are necessary in connection with scientific research or scientific development or related production, may be permitted upon the issuance of a special permit by the Board of Appeals, provided that the Board finds that the proposed use does not substantially derogate from the public good. 3212. Family Day Care Homes. Small family day care homes, are allowed as an accessory use as of right in all districts. Large family day care homes are allowed in all districts only upon the issuance of a special permit by the Board of Appeals. 3220. Nonresidential Accessory Uses. Any use permitted as a principal use is also permitted as an accessory use provided such use is customarily incidental to the main or principal building or use of the land. Any use authorized as a principal use Are accessory or in-law apartments allowed (by right or special permit) in any district? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Accessory apartments may be allowed by special permit, from the Board of Appeals, as described in section 3400 of Pepperell's zoning bylaws. " "[INST] Context: ithin the Table, all uses are assumed to be: 1) Principal uses as defined in Article 2 of this Ordinance. Accessory uses (also defined in Article 2) customarily associated with a given principal use shall be permitted by right in conjunction with such permitted principal use, unless stated otherwise in the Table (in particular, see categories 4 and 16 of the Table, which regulate certain accessory uses). 2) Conducted within an enclosed building, with the exception of: A. Parking and loading; B. Storage of equipment and materials, provided the screening requirements of Article 10 are met; C. Temporary outdoor display of products and merchandise during operating hours is allowable, notwithstanding the need for license from the Board of Aldermen or any other applicable City agency. NOTE:§7.11 was amended by Ordinance 2000-8 on May 25, 2000. SECTION 7.11 TABLE OF PERMITTED USES Adopted 03/23/90; as amended through 03/11/03 ,,,,,,,,DISTRICT,,,,,,,, PRINCIPAL USE (unless specified otherwise),RA,RB,RC,NB,CBD,BA,BB,BPA,IA,IB,IP,IPA,os,UN,PUD-A PUD-B,Legislative Notes 1. RESIDENTIAL USES,,,,,,,,,,,,,,,(12)* (12)*,Sec. 7.11 amended by Ord. 2000-8 on 5/25/00. a. 1 and 2 family dwelling units (1)*,Y,Y,Y,Y,Y,Y,Y,-,,,,,,Y,- SPSR,Sec. 7.11.1.a amended by Ord. 2002-4 on 4/25/02 b. 3-family dwelling units (1)*,-,Y,Y,Y,Y,Y,Y,,,,,,,,SPSR,Sec. 7.11.1.b amended by Ord. 2002-4 on 4/25/02 *See Footnotes Section 7.12 C. Dwellings, multiple 4-6 units Y SP SP Y Y SPSR SPSR ,,,,,,,,DISTRICT,,,,,,,, PRINCIPAL USE (unless specified otherwise),RA,RB,RC,NB,CBD,BA,BB,BPA,IA,IB,IP,IPA,os,UN,PUD-A PUD-B,Legislative Notes 7 or more units,-,,SPSR,SPSR,SPSR,SPSR,SPSR,-,,,,,,,SPSR SPSR, *See Footnotes Section 7.12 d. Town houses ,,,,,,,,DISTRICT,,,,,,,, PRINCIPAL USE (unless specified otherwise),RA,RB,RC,NB,CBD,BA,BB,BPA,IA,IB,IP,IPA,os,UN,PUD-A PUD-B,Legislative Notes 2 units (1)*,Y,Y,Y,Y,,Y,Y,-,,,,,,Y,SPSR SPSR, 3 units (1)*,-,Y,Y,Y,,Y,Y,-,,,,-,-,-,SPSR SPSR, 4-6 units,-,-,Y,SP,SP,SP,SP,,,-,-,-,-,-,SPSR SPSR, 7 or more units,,-,SPSR,SPSR,SPSR,SPSR,SPSR,,,,,,,,SPSR SPSR, ""e. Mobile homes in service on a temporary basis, for less than one year (2)*"",SP,SP,SP,SP,,SP,SP,-,,,,,,SP,, ARTICLE 7: PERMITTED USES Section 7.1. Applicability. No land shall be used and no structure shall be erected or used except in compliance with the provisions of this Ordinance and as set forth in the TABLE OF PERMITTED USES, or as permitted by Article 4, Nonconforming Uses and Structures. Nothing contained in this Article will be construed to apply to uses of land or structures used for educational or religious purposes if doing so would violate MGL Chapter 40A, Section 3. Section 7.2. Principal Structure. In Residence A and Residence B districts, no more than one principal structure per lot shall be permitted except by special permit with site plan review as authorized by the SPGA in Section 5.2. See Section 9.9 regarding access requirements for buildings. Section 7.3. Maximum Dwelling Units Per Lot In Residence A districts, the maximum number of dwelling units per lot shall be two (2) units, except where conversion for up to three (3) dwelling units is authorized by special permit under Section 7.11. In Residence B districts, the maximum number of dwelling units per lot shall be three (3) units. In Residence A and Residence B districts, where developments include a minimum of ten percent (10%) affordable housing units on-site, but in no case less than one (1) affordable unit, as defined by Section 2.2.4., the above standards may be waived by the SPGA through application for special permit with site plan review. In all cases, the minimum lot area per dwelling unit and other dimensional and parking requirements of Article 8 and Article 9 shall be met. Section 7.4. Lots in Two Districts. Land in a more restrictive zoning district may supply space for a use permitted in a less restricted zoning district if the use of the land in the more restrictive district satisfies space and passive use requirements (such as setbacks, landscaping or parking) that are not prohibited in the more restrictive district. Section 7.5. Lots in Two or More Municipalities. When a lot in single ownership is situated in part in the City of Somerville and in part in an adjacent city or town, the regulations and restrictions of this Ordinance shall be applied to that portion of such lot as lies in the City of Somerville in the same manne ion or other in-lieu means of compliance with this Article may be approved by the SPGA only in strict accordance with the provisions of this Article authorizing such alternative means. Section 13.2. Applicability. The provisions of this Article shall apply to all residential developments seeking special permits with site plan review to develop eight (8) or more dwelling units, whether new construction, substantial rehabilitation, Planned Unit Development, residential conversion, or adaptive reuse. Developments shall not be segmented or phased in a manner to avoid compliance with these provisions. No provisions of this Article shall substitute for any other provisions of this Ordinance. Nothing contained in this Article shall be construed to apply to the use of land or structures for religious or educational purposes in the University District or in any other district if doing so would violate the applicable provisions of M.G.L. Chapter 40A, Section 3. NOTE: § 13.2 was amended by Ordinance 2000-5 on September 28, 2000 and Ordinance 2000-8onMay25, 2000. Also: § 13.2 was amended by Ordinance 2002-4 on April 25, 2002. Section 13.3. General Requirements. NOTE: § 13.3 was amended by Ordinance 2000-5 on September 28, 2000. 13.3.1. Implementation Plan. Those developers seeking special permits with site plan review for projects subject to compliance with this Article shall submit a full, written proposal of the methods to be used in providing affordable dwelling units that conform with all requirements herein. At the time of application for a special permit with site plan review for inclusionary housing, the applicant shall submit, for SPGA review and approval, an implementation plan in accordance with the Rules and Regulations established under Section 13.7.1., and shall include, at minimum: a) the methods of disposition of the affordable housing units, b) provisions for the selection of buyers or tenants of the affordable units, c) plans for income verification of tenants and/or buyers, d) plans for management of units, particularly with respect to maintenance and ensurance of long-term a of low-income affordable units will be maintained in the development and made available for sale to low moderate and moderate-income households as defined in this Ordinance NOTE: § 13.3.5.8 was amended by Ordinance 1991-1 on January 10,1991. 13.3.6. Long-term Affordability. Units required by and provided under the provisions of this Article shall remain affordable to the designated income group in perpetuity, or for as long as legally permissible. Sales prices, resale prices, initial rents, and rent increases for the affordable units shall be restricted by legally permissible instruments such as, but not limited to, deed covenants or restrictions, contractual agreements, or land trust arrangements to ensure long-term affordability and compliance with this Article. The SPGA, or its designee (Office of Housing and Community Development or other entity), shall require that buyers or lessees of affordable units meet income and other certification requirements initially and then upon any subsequent resale or renewal of lease terms (at least annually), with income based on the provisions of Section 13.3.2. The SPGA or its designee may require a developer or property owner renting directly to low and low moderate-income tenants to submit an annual statement and documentation as to the rental income derived from the affordable housing units. In the longer term, a developer or owner shall be responsible for reporting compliance to the enforcement entity(-ies) established per Section 13.7.1. of this Article. The SPGA shall administer these provisions through Rules and Regulations established under Section 13.7.1. herein. Section 13.4. Alternative Methods of Compliance. 13.4.1. Establishment and Finding of Need. Though it is intended that affordable units be included on-site in a subject development, the SPGA may authorize or require that the provisions of this Article be met through an alternative method(s) of compliance in cases where there is establishment of a need(s) including, but not limited to: a) a finding that provision of on-site units is not in the best interest of the City and low/moder w, or Planned Unit Development review. A by-right use must, however, comply with applicable dimensional standards of this Ordinance. NOTE: §2.2.25 was amended by Ordinance 1991-1 on January 10, 1991. 2.2.26. CARPORT . A roofed structure, unenclosed on two or more sides, which may serve as a shelter for motor vehicles. 2.2.27. CELLAR . See ""Basement."" 2.2.28. CHANGE IN USE . A change in type of use of a structure or land, whether temporary or permanent, which would fall into a different category in the Table of Uses, shown therein as an enumerated or lettered line item separate from the enumerated or lettered line item that categorizes the previous (existing) use. 2.2.29. CLINIC . A place for the examination and treatment of persons as outpatients by more than one physician or dentist or other health professional. 2.2.30. COMMERCIAL . See ""Business"". 2.2.31. COMMUNITY OR GROUP RESIDENCE . A residential use of four (4) or more unrelated individuals occupying a dwelling unit and living as a single housekeeping unit, if said occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. This act defines ""handicap"", with respect to a person, as: 1) a physical or mental impairment which substantially limits one or more of such person's major life activities, 2) a record of having such an impairment, or 3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance. NOTE: The current ""Community or Group Residence"" definition under §2.2.31 was adopted by Ordinance 1991-10, on August 22, 1991. This replaced the previous definition and previous ""Appendix A""of the SZO. 2.2.32. CONGREGATE HOUSING . A form of housing in which each individual or two (2) person family is provided with separate quarters which contain living and sleeping space and which may contain kitchen and bath facilities. Each such living space shall be considered the equivalent of one (1) dwelling unit. Such housing shall also contain common din Are accessory or in-law apartments allowed (by right or special permit) in any district? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know, Accessory dwelling units are not discused in the provided excerpt, but they are not explicitly forbidden either. Therefore, the answer is ""I don't know"" as Somerville's bylaws could permit them in another section. " "[INST] Context: ARTICLE 5. DEFINITIONS For the purpose of this ordinance and unless the context of usage clearly indicates another meaning, the following terms shall have the meanings indicated herein; words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the words ""used"" or ""occupied"" include the words ""designed"", ""arranged"", ""intended"", or ""offered"", to be used or occupied; the words ""building"", ""structure"", ""lot"", ""land"", or ""premises"" shall be construed as though followed by the words ""or any portion thereof"", and the words ""shall"" is mandatory and directory, and ""may"" is permissive. Any word indicating gender, such as he or she, shall be construed to mean both genders. Terms and words not defined herein but defined in the Commonwealth of Massachusetts Building Code shall have meanings given therein unless a contrary intention clearly appears. Words not defined in either this ordinance or the State Building Code shall have the meaning given in the most recent edition of Webster's Unabridged Dictionary. Uses listed in the Table of Use Regulations under the categories ""Commercial"" and Industrial"" shall be defined by the Standard Industrial Classification Manual published by the U.S. Bureau of Census. The defined words and phrases are as follows: ACCESSORY APARTMENT shall mean a separate, complete dwelling unit which is; (a) contained substantially within the structure of a one-family dwelling unit, is served by a separate entry/exit and can be isolated from the principal one family dwelling unit, or (b) contained entirely within an accessory building located on the same lot as a one-family dwelling. ACCESSORY BUILDING OR STRUCTURE shall mean a building or structure incidental and subordinate to a principal building or structure and customarily used to serve the purposes of that principal building. A building is accessory only where a principal building exists on the same lot. ACCESSORY USE shall mean a use customarily incidental to and located on the same lot with the principal use. ADULT B b) above. (c) Parking or outside storage not capable of being located and screened as required by 4.1.1 (b) above. (d) Parking of vehicles other than as allowed under 4.1.1 (d) above. (e) Activity likely to result in more traffic allowed under 4.1.1 (e) above. (f) Use of an existing accessory structure for other than parking or incidental storage. (g) Storage or equipment or materials on premises other than the residence of the operator. Such special permit shall be granted only if the Board of Appeals determines that the activities will not create hazard, disturbance to any abutter, or injury to the neighborhood, and will not create unsightliness visible from any public way or neighboring property. Such special permit shall impose conditions and limitations as necessary to protect abutting properties and the public, including the limitation that the home occupation authorized by the special permit may not be transferred to a different operator without a new special permit, that the occupation shall be subject to compliance review by the Building Inspector at periods specified in the special permit, and that such special permit may be revoked by a majority vote of the Board of Appeals at any time after notice and hearing, upon the Board's determination that the terms of the special permit are being violated. 4.1.3 Enforcement (a) A certificate of Use and Occupancy must be obtained from the Building Inspector indicating compliance with these requirements prior to initiation of a home occupation. (b) Any person may request enforcement of these provisions by the Building Inspector where a violation is believed to exist, as provided in Chapter, 40A, section 7, Massachusetts General Laws, as amended, and if dissatisfied with the outcome, such person may bring an appeal to the Board of Appeals for hearing and action as provided in Chapter 40A, section 8, Massachusetts General Laws, as amended. 4.2 MULTIFAMILY DEVELOPMENT 4.2.1 Procedures Applications for a special permit for multifamily dwellings shall be ac ARTICLE 4. SPECIAL REGULATIONS 4.1 HOME OCCUPATIONS 4.1.1 Allowed Occupations Home occupations shall be allowed without need for a special permit only if meeting all of the following: (a) The occupation shall be operated by a person residing on the premises. At no time shall there be more than one employee present on the premises who is not also a resident thereon. (b) There shall be no evidence of the occupation through persistent or excessive sound, or through vibration, smell, or sight discernible at the boundaries of the premises, except for a sign as permitted by Section 3.1 or for display of produce raised on the premises. (c) Any exterior storage of materials or equipment or business-related parking shall be so located and so screened (through location, grade, or vegetative screening), as to be in compliance with (b) above. (d) Not more than two vehicles requiring registration as taxis, buses, or commercial vehicles shall be regularly parked outdoors on the premises. (e) Traffic generated shall not be more disruptive to the neighborhood than traffic normally resulting from residential development considering volume, type, hours, and other traffic characteristics. The occupation shall be conducted within a dwelling, with no use of accessory structures except for parking or incidental storage in an existing accessory structure. 4.1.2 Occupation on Special Permit A special permit from the Board of Appeals may authorize any or all of the following for a home occupation: (a) Employment on the premises of two or more persons not resident thereon. Not more than there such persons shall be authorized except when, because of the circumstances of the location or the occupation, such additional employment will not adversely affect the neighborhood. (b) Reasonable modification of the limitation in 4.1.1 (b) above. (c) Parking or outside storage not capable of being located and screened as required by 4.1.1 (b) above. (d) Parking of vehicles other than as allowed under 4.1.1 (d) above. (e) A consistent with the rate of residential growth over the last seven (7) calendar years, to phase growth so that it will not unduly strain the community's ability to provide basic public facilities and services, to provide the town, its boards and its agencies information, time, and capacity to incorporate such growth into the Master Plan for the community, as may be amended, and to preserve and enhance existing community character and the value of property. 4.3.2 General. Beginning on May 11, 1998, building permits for not more than thirty (30) dwelling units shall be issued in each of the fifteen full calendar years following said date, for the construction of new residential dwelling in the town of Sterling. This provision shall apply to any tract of land divided pursuant to any provision of G.L. c.41, ss.81K - 81GG, the Subdivision Control Act subsequent to such date. This provision shall apply to any proposed division or combination of properties which were in the same ownership and contiguous as of such date. For the purposes of this section, an accessory apartment pursuant to Section 2.3.4 shall constitute a dwelling unit. 4.3.3 Procedures. Any building permits issued shall be issued in accordance with the following procedures: 1. The Building Inspector shall act on each permit in order of submittal. Any permit application that is incomplete or inaccurate shall be returned to the applicant and shall require new submittal. 2. The Building Inspector shall mark each application with the time and date of submittal, and shall act on each application in a timely manner. 3. At the end of the calendar year in which this by-law is in effect, the Building Inspector shall retain all applications for which a building permit has not been issued. Upon being informed in writing by the applicant before the tenth of January of the succeeding calendar year that the applicant desires the application to remain in effect, the Building Inspector shall treat said application in accordance with subsection 4.3.3(1), above. 4.3.4 Special Permi N.-An excluded or prohibited use SP -A use authorized under special permit from the Board of Appeals as provided under Section 6.3 PB - A use authorized under special permit from the Planning Board as provided under Section 6.3 2.2.2 Applicability. When an activity might be classified under more than one of the following uses, the more specific classification shall govern; if equally specific, the more restrictive shall govern. 2.2.3 Accessory Buildings and Uses. Allowed accessory uses are limited to (a) uses customarily accessory and incidental to permitted principal uses, and (b) uses that are permitted as principal uses within the zoning district and that are clearly subordinate and incidental to the principal use on the lot. Accessory uses are permitted only in accordance with lawfully existing principal uses; provided, however, that uses accessory to principal uses which are nonresidential in nature shall be permitted only upon the issuance of a special permit by the Planning Board. An accessory use may not, in effect, convert a principal use to a use not permitted in the zoning district in which it is located. Where a principal use is permitted under special permit, its accessory use is also subject to the special permit. In all instances where site plan review and approval is required for a principal use, the addition of any new accessory use to the principal use, where such addition exceeds the thresholds established in Section 6.4, such addition such also require site plan review and approval. 2.2.4 Non-conforming Uses and Structures. 1. Applicability. This zoning by-law shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c.40A, s.5 at which this zoning by-law, or any relevant part thereof, was adopted. Such prior, lawfully existing non-conforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder. 2. Non-conforming Uses. The Board of Appeals may award a special permit to change a non-conforming use in accordance with this section on Are accessory or in-law apartments allowed (by right or special permit) in any district? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Accessory apartments are provided for in Sterling's bylaws, and defined as ""shall mean a separate, complete dwelling unit which is; (a) contained substantially within the structure of a one-family dwelling unit, is served by a separate entry/exit and can be isolated from the principal one family dwelling unit, or (b) contained entirely within an accessory building located on the same lot as a one-family dwelling. "" This means that either by right or by special permit (it's unclear), accessory apartments are allowed in Sterling. " "[INST] Context: , the permit shall lapse, and be null and void. if occupancy of the said additional living area is then desired by another family member of the owner or owners, a new application for a Special Permit authorizing such occupancy shall be made. It is the intention of this provision that such additional living area shall not be used as an apartment for hire, but only as a convenience for a member of the owner's family, under special circumstances. Adopted Special Town Meeting, April 25,1983. Art. 40. TRAILER : Any vehicle which is immediately portable, and is arranged, intended, designed, or used for sleeping, eating, or temporary business use in conjunction with construction, or is a place in which persons may congregate including a house trailer or camper. Trailer and Recreational Vehicle: A vehicular, portable structure built on a chassis, designed as a temporary dwelling for travel, recreation and/or vacation. Added by action of Town Meeting, April 24,1978, Article #60. USE : The purpose for which a structure or lot is arranged, designed, or intended to be used, occupied, or maintained. USE, ACCESSORY : A use incidental and subordinate to the principal use of a structure or lot, or a use, not the principal use, which is located on the same lot as the principal structure. Accessory use by area shall be interpreted not to exceed 40 percent of the area of the total use of the structure or lot on which it is located, but this area limitation shall not be applicable either to: (i) accessory off-street parking and loading spaces, whether or not in excess of that required in Section VIII, (ii) Accessory filling of water, wet area or depression, or (iii) accessory removal of gravel, sand, or other earth material incidental to and in connection with the construction of a building or a lot. Amended by action of Town Meeting, April 28,1980, Article #6. USE, NONCONFORMING : A use lawfully existing at the time of adoption of this By-Law or any subsequent amendment thereto, which does not conform to one or more provisions 10% percent of thy total number of dwelling units at any one time be units of 3 or more bedrooms; b) Multistory parking structures, provided that the structure complies with the design standards for parking structures identified in this by-law, as amended; c) Artist studio/residence; d) Retail stores and offices including, but not limited to salesrooms and showrooms, consumer service establishments, business and professional offices, executive and administrative offices, banks and other financial institutions; e) Drive-in automatic teller machines only if located in a secondary ""kiosk"" style building that is detached from the principle building on the site and the principle building includes 2 or more stories; f) Restaurant and other on-premises eating and drinking establishments. [4.2] Prohibited Uses a)The following uses are prohibited in the Overlay District: i) Adult Entertainment Establishment; ii) Drive-in establishments other than those described in the permitted uses section of this by-law; iii) Funeral establishments; iv) Animal or veterinary hospital; v) Sale of new or used automobiles and trucks, automobile tires and other accessories, aircraft, boats, motorcycles, and household trailers; vi) Automotive repair, automobile service station or garage, including the sale of gasoline; vii) Storage trailers and outdoor storage of goods associated with a commercial use; viii) Dwelling units located below ground level. b)Within SCMUOD Area B, the following uses shall be prohibited: i) Retail ii)Eating and Drinking Establishments [4.3] Special use provisions: Ground floor uses a) Ground floors of buildings fronting streets or public access ways shall be reserved for commercial uses except as specified below. b) Dwelling units shall be allowed on ground floors of buildings only where: the building i SECTION VI DIMENSIONAL AND DENSITY REGULATIONS A. Applicability of Dimensional and Density Regulations. The regulations for each District pertaining to minimum lot area, minimum lot frontage, minimum lot depth, minimum front yard depth, minimum side yard depth, minimum rear yard depth, maximum height of buildings, maximum number of stories, maximum building area, minimum open space shall be specified in this Section and set forth in the Table of Dimensional and Density Regulations, and subject to the further provisions of this Section. B. Table Of Dimensional And Density Regulations. See Table on accompanying pages plus attached notes, which is declared to be a part of this By-Law. C. Reduction of Lot Areas: The lot, yard areas or open space required for any new building or use may not include any part of a lot that is required by any other building or use to comply with any provisions of this By-Law, nor may these areas include any property of which the ownership has been transferred subsequent to the effective date of this By-Law, if such property was a part of the area required for compliance with the dimensional regulations applicable to the lot from which such transfer was made. D. Separation of Lots. Lots shall not be so separated or transferred in ownership so as not to comply with the provisions of this by-law. E. Buildings in Floodway. A building shall not be erected in a floodway or any area subject to periodic flooding, except if the first floor elevation is higher than the highest flood recorded, unless such flood elevation shall have been reduced by construction of dams at headwaters, or by other means. F. Accessory Buildings and Structures. In ""R"" and ""B"" Districts, a detached accessory building or structure shall conform to the following provisions: it shall not occupy more than 25 percent of the required rear yard; it shall be set back from the street line the required front yard distance for the zone in which it is located; it shall not be less than 5 SECTION V USE REGULATIONS A. Applicability of Use Regulations. Except as provided in the Zoning Act or in this by-law, no building, structure, or land shall be used except for the purposes permitted in the district as described in this Section. Any use not listed shall be construed to be prohibited. B. Permitted Uses. In the following Table of Use Regulations the uses permitted by right in the district shall be designated by the letter (P). Those uses that may be permitted as an exception by special permit in the district, in accordance with Section X-K, shall be designated by the letter (S). Uses designated (-) shall not be permitted in the district. C. Uses Subject to Other Regulations. Uses permitted by right or by special exception shall be subject, in addition to use regulations, to all other provisions of this by-law. D. Table of Use Regulations. See table of accompanying pages which is declared to be part of this by-law. TABLE OF DIMENSIONAL AND DENSITY REGULATIONS District,Use,Minimum l ol Area (sq ft ),Minimum I of Width (ft),Minimum of Frontage (ft),Minimum of Depth (f) ),Minimum Front (II),Yard Side (ft),Rear (ft,Maximum Height (f) ),Maximum Stories (No ),Maximum Building Area (%),Minimum Open Space (%) R M,Multi Family Apartment House Multi family Row House (Town House Condominium) Two Family Dwelling Any other permitted use (5),2 000 sq ft per dwelling unit + 2 000 sq ft per bedroom per dwelling unit (7),150(5) 100(5),150(5) 100(5),80,25,10(2),30,40,4,- 30,30 10) RU,Two Family Dwelling,35 000 (7),120(5),120,100,25,15(1),40,35,25,30,50 ,Single Family Dwelling,25 000(7),80,80 (5),80,25,15,40,35,25,30,50 ,Any other permitted use,35 5000(7),120(6),120(G),80,25,15,40,35,25 5,30,50 10) RC,Any permitted use,40 000(7),100,100(5),120,35,15,40,35,3,25,50 10) RB,Any permitted use,55 000(7),125,125(5),140,40,20,40,35,25,20,50 10) RA,Any permitted use,""55,000 (9)"",150,150(5),180,40,20,50,35,2 5,20,50 CBU,Any permitted use,2 500,20,20,75,0,0,10,40,3,90,0 GB,Any permitted use,10 000 (7),50,50,75,15,5,30,40,3,70,10 NB,Any permitted use,10 000 (7),50,50,75,15,5,30,30,2 5,50,20 HB,Hotel and Molel,20 000 + 3 000 per unit (7),80,80,100,20,15,40,40,4,40,30 ,Any permitted use,20 000 (7),80,80,100,20,15,40,85(8),6(8),40,30 I Amended,Any permitted use by action of Town Meeting April 30,80 000 (7) 1979 Article 27,125,150,125,25,20,40,40,4,50,25(3) R M Previous amendment voted June 17 1981 Article 16 (7) Amended by action of Special Town Meeting November 12 1996 Article 6 (8) Amended by action of Special lown Meeting on May 5 1997 Article #9 ID 29 (6) Amended by action of Annual Town Meeting April 24 1989, Article 42 Are accessory or in-law apartments allowed (by right or special permit) in any district? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know, Accessory dwelling units are not discused in the provided excerpt, but they are not explicitly forbidden either. Therefore, the answer is ""I don't know"" as Stoughton's bylaws could permit them in another section. " "[INST] Context: eafter, by the City Clerk. Upon re-application by the record owner, the City Clerk shall review the Permit only if the conditions which led to its original granting still exist and all other requirements which apply to an original application are met. The City Clerk may consult the Building Inspector, the Planning Department, or other appropriate City agency with concern to the re-application process described above. 11.The temporary Conditional Permit for an accessory apartment, and any renewal of said temporary Conditional Permit, shall terminate: 1. Upon the death of the designated occupant; or 2. Upon the change of residence of the designated occupant; or 3. Upon the transfer of ownership of the premises, if such transfer is unrelated to the issuance of the temporary Conditional Permit; or 4. Upon the expiration of the permit period set forth above. The City Clerk shall notify the Building Inspector of any change of occupancy. Following termination of said temporary Conditional Permit, the designated occupant (of the accessory apartment) shall have ninety (90) days to relocate; the kitchen built as a result of the temporary Conditional Permit shall be removed by the owner ninety (90) days after the designated occupant leaves. The house will then revert to a single-family residence. 1. - 11. Rev. 6-26- 87) Commercial Mobile Radio Service transmission facilities, structures, and/or towers are allowed by Special Permit (Ord. No. 115, 6-11-96). D Special Provisions for Congregate Housing for Elderly and/or Permanently Disabled 1. A Special Permit may be granted by the Planning Board in any Residential District for ""Congregate Housing for Elderly and/or Permanently Disabled"" to permit the following: All residential developments associated with Congregate Housing for Elderly and/or Permanently Disabled, Commercial uses associated with the functioning of Congregate Housing subject to specific, special requirements listed in Section 29- 24.C. below. 2. Building and Area Requirements a. Minimum lot area: 20 acres b. Minimum C Special Provisions for Accessory Apartments Notwithstanding provisions in this Chapter to the contrary, the Zoning Board of Appeals may consider the granting of a temporary Conditional Permit use for the alteration of an existing, single-family residence to include an Accessory Apartment in any residential zone, subject to the following provisions: 1. An accessory apartment may be permitted to accommodate a person to live in proximity to, but with independence from, a relative. 2. The application shall designate the individual who is to occupy the accessory apartment. The temporary Conditional Permit shall be issued to the owner of the property. 3. The alterations shall be limited to only one building, which shall be the main building on the property, and any major changes shall be within the existing structure. 4. There shall be no more than two (2) dwelling units on said property, including an accessory apartment. 5. The owner of record shall reside in one of the two dwelling units, which shall be said owner's principal residence. 6. Both the existing dwelling unit and the accessory apartment shall comply with the minimum size requirements mandated by this Ordinance. 7. The accessory apartment shall be a self-contained dwelling unit with separate cooking, sanitary and sleeping facilities for the exclusive use of the designated occupant. 8. The dwelling unit shall have only one front entrance, when practical. 9. The two dwelling units shall contain no more than four (4) bedrooms and one (1) bedroom, respectively, unless the existing single-family residence has more than five (5) bedrooms, in which case the existing number of bedrooms shall be maintained as the total of both units. 10. The temporary Condition Permit, if granted, shall run for a period of four (4) years and may be renewed every four (4) years thereafter, by the City Clerk. Upon re-application by the record owner, the City Clerk shall review the Permit only if the conditions which led to its original granting still exist and all other requirements which operty owners based on demonstrable fact. f. That adequate and appropriate City services are or will be available for the proposed use. 3. Site Plan Review by the Planning Board will be required for any project for which a Special Permit is necessary. See Section 29-29.c. for procedures and filing requirements. (Rev. 7-1-92) 4. In granting approval of an application for a Special Permit use, the Special Permit granting authority may attach all reasonable and necessary conditions to assure that the uses of surrounding properties are adequately safeguarded and that the intent of the Comprehensive Plan and this Ordinance are maintained. 5. Construction or operations under a Special Permit shall conform to any subsequent amendment of this Ordinance unless the use or construction is commenced within a period of six months after the issuance of the permit, and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. 6. A Special Permit shall lapse after two years, and including such time required to pursue or await the determination of an appeal, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause. 7.The Special Permit Granting Authority shall adopt rule and regulations relative to the issuance of special permits. A copy of the Rules and Regulations are filed with the City Clerk. D Variances 1.The Board of Appeals may grant variances, including variances for use in any non-residential district, (but no use variance may be granted in any ""R"" districts), to the strict application of any of the requirements of this Ordinance only for reasons of practical difficulty and demonstrable and substantial hardship, financial or otherwise, to the appellant, and only where the Board finds that: (Rev. 6-26-92) a. There are sp ssenger terminal. 17. Accessory buildings and uses required for and clearly incidental to the principal building or use are permitted. 18. Those uses allowed by right under Section 29-6. C. Uses by Special Permit The following uses are only allowed by Special Permit, granted by the Planning Board: 1. Multi-family dwelling or apartment house in which the residential use comprises from 76% to 100% of the total floor area of the building, subject to the requirements of Section H below. (Rev. 6- 26-87) 2. Rooming, lodging, or boarding house. 3. Gymnasium, health club, commercial swimming pool. 4. Other private or quasi-public club, charitable institution, or community service organization except where the chief activity is a service customarily carried on as a business. 5. Commercial marina for the sale, mooring, and rental of boats. 6. Private, non-commercial stable. 7. Hotel or motel. 8. Place of commercial recreation such as a theater, bowling alley, roller skating rink or ice skating rink where the use is conducted entirely indoors. For purposes of this subsection, the term commercial-indoor recreation does not include those uses regulated by M.G.L. Chapter 140, Section 183A. (Rev. 5-20-93) 9. Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges not including outdoor vehicle or equipment storage. 10. Parking lots or garages as principal use of the lot. 11. Those uses, including accessory uses, allowed by Special Permit under Section 29-6. 12. Commercial mobile radio service transmission facilities, structures, and/or towers (Ord. No. 115, 6-11-96) The following uses are only allowed by Special Permit, granted by the Board of Appeals: 1.Bed and Breakfast establishments. (Rev. 3-19-91) D. Building and Area Requirements 1. Commercial uses, residential uses or combined commercial/residential uses on "" his Section and the Subdivision Control Law. J. Submission Requirements and Procedures for Special Permit For any development that requires a Special Permit under this Section, the Planning Board shall be the Special Permit Granting Authority. Application, review and decision procedures shall be in accordance with Section 29-28(C) and the Planning Board's Affordable Housing Regulations. K. Phased Construction Affordable units shall be constructed or otherwise provided in proportion to market-rate units. Proportionality shall be determined by the number of building or occupancy permits issued for affordable and market-rate units, or lot releases, as applicable. Affordable units shall not be the last units to be built in any development covered by this Section. L. Selection of Affordable Unit Purchasers or Renters The selection of purchasers or renters for affordable units shall be carried out under an affirmative marketing plan approved by the City Planning Director prior to the issuance of any building permits for the development. M. 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. 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 Massachusetts General Laws. 2. The applicant 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 as LIP units. 3. For a development that provides on-site or off-site affordable units: a. No building permit shall be issued until the applicant executes an enforceable agreement with the City and provides evidence acceptable to the Planning Director that the agreement ha If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] The Zoning Board of Appeals , In Beverly, the Zoning Board of Appeals may consider the granting of a temporary Conditional Permit use for the alteration of an existing, single-family residence to include an Accessory Apartment in any residential zone. " "[INST] Context: SECTION 12 SPECIAL PERMIT GRANTING AUTHORITY A. PURPOSE OF REGULATIONS The purpose of these regulations is to describe the Special Permit Granting Authority under this Zoning By-law. B. DESIGNATION OF SPECIAL PERMIT GRANTING AUTHORITY The Special Permit Granting Authority shall be that Board designated to issue special permits for a particular use, building, or structure, as set forth under this Zoning By-law. C. POWERS AND DUTIES 1. The Special Permit Granting Authority shall hear and decide applications for special permits for uses as provided in this Zoning By-law. 2. Each Special Permit Granting Authority shall adopt rules, not inconsistent with this Zoning By-law for the conduct of its business, including procedures for filing applications and petitions; holding public hearings; obtaining review by other Town boards, agencies, and outside consultants, before and after construction of a use, and including the design specifications for such use; and making decisions hority (BHA) or other agency qualified by the Board of Selectmen shall perform the income verification of the qualified affordable housing unit purchaser or tenant. The BHA or other agency qualified by the Board of Selectmen shall be responsible for the long term monitoring of these dwellings. The dwellings built under this provision shall be adequate to accommodate a family of three or more. Interior features of affordable units shall comply in all respects to the minimum design and construction standards set forth in Massachusetts' Local Initiative Guidelines of the Division of Housing and Community Development, July 1996 or as amended. There shall be no further exception to the dimensional relief provided by this by-law. Failure to meet any provision shall result in the outright invalidation of these exceptions. Lots which require variances in addition to the relief outlined here shall not qualify under this provision. The BHA or other agency qualified by the Board of Selectmen shall administer purchaser or tenant selection. The town reserves the right to apply a local preference in the selection process. Unless described herein all other district restrictions shall apply to the applicable lot(s). The SPGA may condition the granting of this special permit to address any potential impacts on the surrounding neighborhood. (b) Assisted living residence Required Findings: The minimum lot size is five acres in the residential districts and three acres in the business and industrial districts The density is 12 units/acre Buildings are set back a minimum of 50 feet from all property lines and no building is closer than 200 feet to an existing residential dwelling The minimum lot frontage is 150 feet The maximum lot coverage is 25% There is one parking space for each employee on the maximum shift and one parking space for every three assisted living units Adequate site circulation is provided to and from the site, taking into consideration the adjacent sidewalks and streets and the accessibility of the site and buildings thereon for emergen it Granting Authority shall be in accordance with the Board's rules and M.G.L., ch. 40A, § 11, as amended. D. CONFORMANCE TO SUBSEQUENT AMENDMENTS 1. Construction on or use of property under a special permit shall conform to any subsequent amendment of this Zoning By-law unless the use or construction is commenced within six months after the issuance of a building permit, or where a building permit is not required, after the issuance of a use and occupancy permit, and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. 2. A use is commenced on land or within a building once activity has begun under a use or occupancy permit. Construction is commenced upon completion of any foundation and continuation of construction thereafter in accordance with an issued building permit, or in the case of a structure, upon beginning construction of a structure in accordance with an issued building permit. 3. A special permit shall lapse within two years from the granting thereof or such shorter time as specified in said special permit, if a substantial use thereof has not sooner commenced except for good cause or, in the case of a permit for construction, if construction has not begun by such date except for good cause. Such period shall be extended by the time required to pursue or await determination of a court appeal. E. EFFECTIVE DATE Any special permit issued by the Special Permit Granting Authority shall not be in effect until recorded at the Middlesex North Registry of Deeds at the expense of the applicant. The Inspector of Buildings shall issue neither a use or occupancy permi SECTION 16 ADMINISTRATION AND ENFORCEMENT A. INSPECTOR OF BUILDINGS This Zoning By-law shall be administered and enforced by the Inspector of Buildings, as provided in M.G.L., Ch. 40A, § 7, as amended. B. ISSUANCE OF BUILDING AND USE AND OCCUPANCY PERMITS 1. No building permit or use and occupancy permit shall be issued until the buildings, structures, their uses, primary and accessory, and uses of land comply in all respects with this Zoning By-law. All buildings, structures, or uses subject to conditions, safeguards, or limitations of a special permit, variance, or administrative appeal must comply with such conditions, safeguards, or limitations before the Inspector of Buildings can issue a building or use and occupancy permit. If security is required by any Town board to ensure compliance with any condition, safeguard, or limitation, the Inspector of Buildings can issue a building permit or use and occupancy permit when, in the opinion of the Inspector of Buildings, the security is sufficient to ensure full compliance with such conditions, safeguards, or limitations. 2. Notwithstanding any language or conditions in this Zoning By-law, the use of materials or methods of construction of buildings or structures is regulated by the State Building Code, 780 CMR. 3. As a prerequisite to the issuance of a building or use and occupancy permit, an applicant shall provide the following to the Inspector of Buildings: a. a properly completed pre-application with all required approvals; b. an approved permit for vehicle access curb and sidewalk openings from the appropriate Town authority; c. a valid sewage disposal permit issued by the Board of Health for all new buildings, structures, or uses, or additions thereto, that will not be serviced by Town sewer or in the case of connection to the Town sewer, a valid Town Sewer Connection Permit; d. the book and page of the recorded deed for the owner of record; e. a copy SECTION 13 SPECIAL PERMITS A. PURPOSE OF SPECIAL PERMIT REGULATIONS The purpose of these regulations is to describe the requirements for issuance of a special permit. B. FILING AN APPLICATION FOR A SPECIAL PERMIT All applications for a special permit to the Special Permit Granting Authority shall be in writing on required forms; shall contain the required information; and shall be reviewed by such other boards, agencies, and agents as prescribed by the Special Permit Granting Authority in its rules for the conduct of its business. C. REQUIREMENTS FOR ISSUANCE OF A SPECIAL PERMIT 1. The Special Permit Granting Authority may issue a special permit for all uses permitted by special permit under this Zoning By-law, if it finds that the use is: a. In harmony with the general purpose and intent of this Zoning By-law; and b. In compliance with all other requirements set forth in this Zoning By-law for issuance of a special permit for such use. 2. To carry out the purposes and objectives of this Zoning By-law the Special Permit Granting Authority may: a. subject special permit applications to review by other boards, agencies, officers, and outside consultants as set forth in its rules on file with the Town Clerk; b. grant special permits subject to appropriate conditions, safeguards and limitations on time or use; and c. require security to ensure compliance with all conditions, safeguards, and limitations. 3. All notices of public hearings by the Special Permit Granting Authority shall be in accordance with the Board's rules and M.G.L., ch. 40A, § 11, as amended. D. CONFORMANCE TO SUBSEQUENT AMENDMENTS 1. Construction on or use of property under a special p If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] I don't know, The entity with the special permit granting authority over accessory dwelling apartments is not specified in the provided excerpt. It's also not clear from the given excerpt if accessory dwelling units are permitted within Billerica. " "[INST] Context: SECTION 7.0 FINAL ACTION 7.1 The Planning Board's final action shall consist of either: a.)approval of Special Permit as suitable and in compliance with the criteria of these Rules and Regulations. b.) approval of the Special Permit, with any conditions, modifications, and restrictions as the Planning Board may deem necessary. c.) a written rejection, stating the reasons for denial SECTION 8.0 ENFORCEMENT 8.1 The Special Permit will elapse within two years of date of issuance, 8.2 The Planning Board may periodically amend or add rules and regulations relating to ighborhood; (h) the impact of the proposed use on adjacent properties and the neighborhood; and (i) any other criteria specified by other sections of this Bylaw, applicable to the proposed use. 7.8.2.2 The provisions of section 7.8.2.1 shall not apply to special permits issued under sections 4.11.4.3, 6.1.1.2(b), 6.6, 8.6.5, and 8.8.3. 7.8.2.3 The SPGA may impose such conditions on the special permit as it deems necessary to protect the Town, the public, or other properties in the area from detrimental impact. The conditions that may be imposed include, but are not limited to, conditions relating to noise, traffic control, dust control, sanitation, number of occupants, hours of operation, deliveries, water quality testing and monitoring, police details, and performance bonds. 7.8.3 Miscellaneous Provisions 7.8.3.1 The SPGA shall issue special permits in accordance with M.G.L., Ch. 40A, § 9. In deciding whether to issue a special permit, the SPGA shall consider any comments or recommendations submitted by other town departments, boards, or commissions. 7.8.3.2 The SPGA may, after notice and hearing, adopt rules and regulations specifying the content and number of required plans, application procedures, filing and review fees, design and development standards, and other general requirements to be applied with respect to the proposed use. 7.8.3.3 The Board of Selectmen may appoint a resident of the Town to serve as an associate member of the Planning Board for a two-year term. The Chairperson of the Planning Board may appoint the associate member to act on special permit applications, in the case of absence, inability to act, or conflict of interest, on the part of a regular member of the Planning Board, or in the event of a vacancy on the Board. 7.8.3.4 Any special permit granted under the provisions of this Bylaw shall lapse within a period of two years from the grant hereof, if a substantial use thereof has not sooner commenced or, in the case of a permit for construction, if construction has not begun by such date, except for good cause shown, and provided further that such two-year period shall not include the time required to pursue or await the determination of a y in-law apartment use. 6.6.2 Accessory In-Law Apartments may be created only by Special Permit issued by the Board of Appeals and only within single family dwellings and located on lots, both in existence prior to January 1, 1990. In addition, accessory in-law apartments shall only be located on lots meeting the minimum lot area in the District which it is located on the date of the filing of the application for the Special Permit. 6.6.3 Owner Occupancy Required. The owner(s) of the single family lot upon which the accessory in-law apartment is located shall occupy at least one (1) of the dwelling units on the premises. The Special Permit shall be issued to the owner of the property. Should there be a change in ownership or a change in the residence of the owner, the Special Permit and the Occupancy Permit for the Accessory In-Law Apartment shall become null and void, and the property shall revert to single family status. The owner applicant shall be required to file a declaration of covenants on the subject property prior to the issuance of a Special Permit for an Accessory In-Law Apartment. This declaration shall be in favor of the Town of Rowley and state that: a. The special Permit for the Accessory In-Law Apartment shall terminate upon transfer of title of said premises or upon the undersigned no longer occupying the premises as their principal residence. b. The new owner of the premises shall have to apply to the Board of Appeals for a Special Permit and prove compliance with Section 6.6.1 (Purpose and Intent) to continue the Accessory In-Law Apartment. 6.6.4 An accessory Apartment shall be located within the principal dwelling, within an addition to the principal dwelling, or within an accessory structure that is attached to the principal structure provided that such dwelling, addition, or attached accessory structure conforms to all other requirements of this bylaw unless an approval therefore shall have been granted by the Zoning Board of Appeals. 6.6.5 The minimum floo ing, addition, or attached accessory structure conforms to all other requirements of this bylaw unless an approval therefore shall have been granted by the Zoning Board of Appeals. 6.6.5 The minimum floor size for an accessory apartment shall be three hundred (300) square feet, but in no case shall it exceed twenty-five (25) percent of the habitable area of the principal dwelling, unless in the opinion of the Board of Appeals a greater or lesser amount of floor area is warranted by specific circumstances of the particular building. 6.6.6 There shall be no more that one (1) accessory in-law apartment for a total of two (2) dwelling units permitted per lot. 6.6.7 The Accessory In-Law Apartment must be determined to comply with current health, safety, and construction requirements before occupancy and at every change in occupancy. 6.6.8 Applicant shall receive written Board of Health approval, relative to sewage disposal, prior to submission of Application for Special Permit to the Board of Appeals. Applicant shall conform to all Board of Health Rules and Regulations, unless waived by said Board, to obtain Board of Health approval. 6.6.9 Applications for Special Permits shall be subject to approval by the Board of Appeals. Applications for Special Permit shall contain such information to determine compliance with the bylaw sections herein and with any regulations of the Board of Appeals. If the accessory in-law apartment is to be located within the Historic District, then the applicant must comply with the Rowley Historic District Bylaws of the Town of Rowley General Bylaws. 6.6.10 Prior to approval and receipt of a Building Permit, the applicant must submit to the Building Inspector a copy of the notification of Special Permit Approval as granted by the Board of Appeals and a copy of the declaration of covenants as stamped by the Registry of Deeds. 6.6.11 Occupancy Permit for Accessory In-Law Apartments shall be renewed annually by the Building Inspector. For the purposes of annual SECTION 2.0 SPECIAL PERMIT RULES AND REGULATIONS 2.1. General Information 2.1.2 The Planning Board encourages a meeting between the applicant/developer and the Planning Board, prior to submission of the Application for Special Permit. 2.1.3. The purpose of this meeting would be to aid the applicant in completing the application, to discuss the proposal, and to discuss any waivers which may be applicable to the applicant/developer. 2.1.4 Procedure for submission, review, and action of an Application for Special Permit shall be in accordance with M.G.L. Chapter 40A. If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] The Board of Appeals, Accessory In-Law Apartments may be created only by Special Permit issued by the Board of Appeals." "[INST] Context: 1-00; Extended 3-21-05) 2.9.1. The purpose of this Section, ""Rate of Development"", is to ensure that growth occurs in an orderly and planned manner; to phase growth so that it will not unduly strain the community's ability to provide adequate public safety, schools, roads and municipal infrastructure, and human services; to maintain the community at a quality of life which citizens expect; to provide the Town boards and its agencies information, time, and capacity to incorporate such growth into or as per the Master Plan for the community; and to preserve and enhance existing community character and the value property. 2.9.2. General Beginning on September 11, 2000, building permits, including foundation permits, for not more than thirty (3) dwelling units shall be applied for or issued in each of the five (5) calendar years following said date, for the construction of new residential dwelling units, per approved ANR and/or standard or cluster subdivision. Further, no one person or entity nor their successors in interest, nor any entity in which they hold a legal or beneficial ownership shall be issued more than five (5) of the total number of permits available in any one year, with the exception of the exemptions as described in this Bylaw. DWELLING UNIT shall mean any portion of a building occupied or suitable for occupancy as a residence and arranged for the use of one or more individuals living as a single housekeeping unit with its own cooking, living, sanitary and sleeping facilities. Within the provisions of this Section, an ""Accessory Apartment"", as defined in Section 11.1 of the Zoning Bylaws, shall not constitute a dwelling unit. 2.9.3. Procedures Any building permits issued shall act on each permit with the following procedures: a. The Building Inspector shall act on each permit in order of submittal. Any permit application that is incomplete or inaccurate shall be returned to the applicant within three (3) business days and shall require new submittal. b. The Building Inspector shall accept applications and issue permits one (1) year at a t te hazard, disturbance to any abutter, or injury to the neighborhood, and will not create unsightliness visible from any public way or neighboring property. b. In its discretion, the Board of Appeals may impose conditions and limitations as necessary to protect abutting properties and the public, including that a home occupation authorized by the Special Permit may not be transferred to a different operator without a new Special Permit, that the occupation shall be subject to compliance review by the Building Inspector at periods specified in the Special Permit, and that such permit may be revoked by a majority vote of the Board of Appeals at any time after notice and hearing, upon the Board's determination that the terms of the Special Permit are being violated. 4.6.4. Enforcement Home occupation uses shall be enforced as follows: a. A certificate of Use and Occupancy must be obtained from the Building Inspector indicating compliance with these requirements prior to initiation of a home occupation. b. The Building Inspector shall enforce these provisions and any person may request enforcement where a violation is believed to exist, as provided in M.G.L. c. 40A, Section 7, and if dissatisfied with the outcome, such person may bring an appeal to the Board of Appeals for hearing and action as provided in M.G.L. c.40A, Section 8. 4.7 Home Occupation Special Permit (Deleted 11-01-05 moved to 4.6) 4.8 Home Occupation Enforcement (Deleted 11-01-05 moved to 4.6) 4.9 Accessory Uses (Deleted 11-01-05 moved to 2.5) 4.10. In-law Apartment No Special Permit (Added 4-28-03; Revised 03-21-05) 4.10.1. General It is the intent of this Section to provide for the use of a portion of a single-family residence as a so-called ""In-law apartment"", which use will be solely for the benefit of a family member related either by blood, marriage or law. The In-law section of the residence shall be attached to the r rear of the building, and any additions shall not increase the square footage of the one family house by more than ten percent (10%); 4.5.4. The design and size of the apartment conforms to all applicable standards in the health, building and other codes; 4.5.5. The owner(s) of the residence in which the accessory unit is created shall occupy at least one of the dwelling units in the premise, except for bonafide temporary absences; 4.5.6. Parking must conform to the requirements of this Bylaw. 4.6 Home Occupations (Revised 11-01-05) 4.6.1. Types of Home Occupations In this Bylaw, home occupations are regulated according to the following use categories: a. Home professional office: office for the practice of a profession involving a high degree of training in the humanities, science or arts, such as medicine, law, engineering or fine arts. b. Home personal service: personal services, such as insurance, notary public, real estate broker, beauty care, clerical services; studio for the teaching of fine, performing or domestic arts and crafts; home care or therapy (for pay) for not more than three patients or children. c. Home business workshop: the business or shop of a painter, carpenter, electrician or similar trade. d. Home specialty retail: the sale of specialty products made on the premises, such as dressmaking, home baking or catering, or arts and crafts; or collector's items, such as antiques, stamps, coins. Home specialty retail does not include the sale of products raised and grown on the premises of an agricultural use on more than five acres of land. 4.6.2. Permitted Home Occupations In any zoning district, home occupations listed as a permitted use do not require a Special Permit if they comply with the following requirements: a. The occupation must be operated by a person residing on the premises, and it shall employ on those premises not more than three (3) persons not reside nstructed on a hammerhead lot shall be issued until the Planning Board certifies in writing that the access driveway, including permanent turnarounds, has been completed in accordance with the standards specified in the driveway site plan approval. 4.4 Mobile Homes Mobile homes or similar mobile structures shall not be parked, stored, or occupied for living or business purposes, except: 4.4.1 If granted a temporary permit by the Building Inspector, a mobile home or mobile structure may be occupied incidental to construction or rebuilding of a permanent structure on the premises for a period not to exceed twelve (12) months. Any such mobile home or mobile structure shall be subject to the provisions of the state sanitary codes. 4.5 Accessory Apartments - Special Permit An owner or owners of a one family dwelling may apply for a Special Permit from the Board of Appeals for the construction and occupancy of one accessory apartment in such one family dwelling provided such one family dwelling was constructed at least ten (10) years prior to the date of application. It is not the intent of this Bylaw to permit or encourage the building of new dwellings which are large enough to contain apartments. In accordance with the procedures of Section 9.2.3, the Board of Appeals may grant such Special Permit provided that: 4.5.1. Due consideration has been given to the reports and recommendations of the Planning Board and Board of Health; 4.5.2. Adequate provision has been made for the disposal of sewage generated by the occupancy of such apartment in accordance with the requirements of the Board of Health; 4.5.3. No more than minimum exterior alterations are proposed. In general, any new entrances shall be located on the side or rear of the building, and any additions shall not increase the square footage of the one family house by more than ten percent (10%); 4.5.4. The design and size of the apartment conforms to all applicable s gnated operator, and the SPGA, shall be executed which defines the terms of and responsibility for the maintenance as required by the SPGA. Said agreement shall constitute a condition of the Special Permit. An additional bond shall be posted, in the form of a separate passbook account in an amount to be set and approved by the SPGA, to be utilized for maintenance of the facility and its access road and screening in the event the maintenance agreement to be executed between the SPGA and the applicant is not complied with to the on-going satisfaction of the SPGA. 4.15.7. Site Plan Approval a. Site Plan Approval by the Planning Board is required for the siting and construction of all wireless telecommunication facilities as defined above in Section 4.15.2 of this Bylaw. If modification of a previously issued Special Permit is sought, the Planning Board may require approval of a new site plan. b. Site Plan review by the Planning Board may be conducted concurrently with the proceedings and public hearings of the Special Permit application as defined in Section 4.15.4 of this Bylaw. c. Site Plan applications shall be made in conformance with the Site Plan Section (Section 7) of this Protective Zoning Bylaw, and in conformance with the Site Plan Review Regulations adopted by the Shirley Planning Board. 4.16 Infill Residential Uses (Added 11-01-05) Where Infill Residential Uses are allowed by Special Permit from the Planning Board, the following additional requirements shall apply. 4.16.1. Affordable Housing Requirement. The Planning Board may issue a Special Permit to authorize the construction of a single-family dwelling or a two-family dwelling on a lot which does not meet the minimum lot area or frontage requirement, provided that the single-family dwelling or one unit in a two-family dwelling is affordable housing as defined in this Bylaw. 4.16.2. Affordable Housing Use Restriction. Prior to obtaining a building permit, the applicant shall record an affordable housing restriction or regulatory agreement at the R If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] Board of Appeals, An owner or owners of a one family dwelling may apply for a Special Permit from the Board of Appeals for the construction and occupancy of one accessory apartment" "[INST] Context: b) above. (c) Parking or outside storage not capable of being located and screened as required by 4.1.1 (b) above. (d) Parking of vehicles other than as allowed under 4.1.1 (d) above. (e) Activity likely to result in more traffic allowed under 4.1.1 (e) above. (f) Use of an existing accessory structure for other than parking or incidental storage. (g) Storage or equipment or materials on premises other than the residence of the operator. Such special permit shall be granted only if the Board of Appeals determines that the activities will not create hazard, disturbance to any abutter, or injury to the neighborhood, and will not create unsightliness visible from any public way or neighboring property. Such special permit shall impose conditions and limitations as necessary to protect abutting properties and the public, including the limitation that the home occupation authorized by the special permit may not be transferred to a different operator without a new special permit, that the occupation shall be subject to compliance review by the Building Inspector at periods specified in the special permit, and that such special permit may be revoked by a majority vote of the Board of Appeals at any time after notice and hearing, upon the Board's determination that the terms of the special permit are being violated. 4.1.3 Enforcement (a) A certificate of Use and Occupancy must be obtained from the Building Inspector indicating compliance with these requirements prior to initiation of a home occupation. (b) Any person may request enforcement of these provisions by the Building Inspector where a violation is believed to exist, as provided in Chapter, 40A, section 7, Massachusetts General Laws, as amended, and if dissatisfied with the outcome, such person may bring an appeal to the Board of Appeals for hearing and action as provided in Chapter 40A, section 8, Massachusetts General Laws, as amended. 4.2 MULTIFAMILY DEVELOPMENT 4.2.1 Procedures Applications for a special permit for multifamily dwellings shall be ac n aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provision of G.L.c.40A,ss.8 and 15. 4. To hear and decide comprehensive permits for construction of low or moderate income housing by a public agency or limited dividend or nonprofit corporation, as set forth in G.L.c.40B,ss.20-23. 6.3 SPECIAL PERMITS. 6.3.1 Special Permit Granting Authority. Unless specifically designated otherwise, the Board of Appeals shall act as the Special Permit Granting Authority. 6.3.2 Criteria Special Permits shall be granted by the Special Permit Granting Authority, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will no outweigh its beneficial impacts to the town or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any other specific factors that may be set forth in this By-law, the determination shall include evaluations of the adverse effects and beneficial impacts of each of the following factors: 1. Social, economic, or community needs which are served by the proposal; 2. Traffic flow and safety, including parking and loading; 3. Adequacy of utilities and other public services; 4. Neighborhood character and social structures; 5. Impacts on the natural environment; and 6. Potential fiscal impact, including impact on town services, tax base and employment. 6.3.3 Procedures. Whenever an application for a special permit is filed with a special permit granting authority, the applicant shall also file, within five (5) working days of the filing of the completed application with said authority, copies of the application, accompanying site plan, and other documentation, to the Planning Board, Board of Health, Conservation Commission, Building Inspector, Director of Public Works, Police Chief, and Fire Chief for their consideration, review, and report. The copies necessary to fulfill this requirement shall be furnished by the applicant. An application shall not be deemed complete until all copi ding calendar year that the applicant desires the application to remain in effect, the Building Inspector shall treat said application in accordance with subsection 4.3.3(1), above. 4.3.4 Special Permit Exemption. Upon a determination by the Planning Board under a special permit application that the building permits will be issued for dwelling units within a development that will provide special benefits to the community, said permits shall be exempt from this section in its entirety, and shall not count toward the thirty (30) permits to be issued annually. The Planning Board may grant a special permit under this section only if the Board determines that the probable benefits to the community outweigh the probable adverse effects resulting from granting such permit, considering the impact on schools, other public facilities, traffic and pedestrian travel, recreational facilities, open spaces and agricultural resources, traffic hazards, preservation of unique natural features, planned rate of development, and housing for senior citizens and people of low or moderate income, as well conformance with Master Plan or Growth Management Plans, if any, prepared by the Planning Board pursuant to G.L. c.41, s81D. The Planning Board shall give particular consideration to proposals that demonstrate a reduction in allowable density of fifty percent (50%) or more. 4.3.5 Exemptions. The provisions of this section shall not apply to, nor limit in any way, the granting of building or occupancy permits required for the following purposes: 1.the construction, enlargement, restoration, or reconstruction of one single family or two family dwelling on a lot legally existing as of the date of passage of this by-law. 2.The construction of a single-family dwelling on land which, as of the date of passage of this by-law, was part of a lot held in separate ownership and containing one single or two family dwelling; provided that only one such new dwelling may be constructed in any year, and provided that the original lot shall be divided so that the existing dwelling ARTICLE 5. DEFINITIONS For the purpose of this ordinance and unless the context of usage clearly indicates another meaning, the following terms shall have the meanings indicated herein; words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the words ""used"" or ""occupied"" include the words ""designed"", ""arranged"", ""intended"", or ""offered"", to be used or occupied; the words ""building"", ""structure"", ""lot"", ""land"", or ""premises"" shall be construed as though followed by the words ""or any portion thereof"", and the words ""shall"" is mandatory and directory, and ""may"" is permissive. Any word indicating gender, such as he or she, shall be construed to mean both genders. Terms and words not defined herein but defined in the Commonwealth of Massachusetts Building Code shall have meanings given therein unless a contrary intention clearly appears. Words not defined in either this ordinance or the State Building Code shall have the meaning given in the most recent edition of Webster's Unabridged Dictionary. Uses listed in the Table of Use Regulations under the categories ""Commercial"" and Industrial"" shall be defined by the Standard Industrial Classification Manual published by the U.S. Bureau of Census. The defined words and phrases are as follows: ACCESSORY APARTMENT shall mean a separate, complete dwelling unit which is; (a) contained substantially within the structure of a one-family dwelling unit, is served by a separate entry/exit and can be isolated from the principal one family dwelling unit, or (b) contained entirely within an accessory building located on the same lot as a one-family dwelling. ACCESSORY BUILDING OR STRUCTURE shall mean a building or structure incidental and subordinate to a principal building or structure and customarily used to serve the purposes of that principal building. A building is accessory only where a principal building exists on the same lot. ACCESSORY USE shall mean a use customarily incidental to and located on the same lot with the principal use. ADULT B consistent with the rate of residential growth over the last seven (7) calendar years, to phase growth so that it will not unduly strain the community's ability to provide basic public facilities and services, to provide the town, its boards and its agencies information, time, and capacity to incorporate such growth into the Master Plan for the community, as may be amended, and to preserve and enhance existing community character and the value of property. 4.3.2 General. Beginning on May 11, 1998, building permits for not more than thirty (30) dwelling units shall be issued in each of the fifteen full calendar years following said date, for the construction of new residential dwelling in the town of Sterling. This provision shall apply to any tract of land divided pursuant to any provision of G.L. c.41, ss.81K - 81GG, the Subdivision Control Act subsequent to such date. This provision shall apply to any proposed division or combination of properties which were in the same ownership and contiguous as of such date. For the purposes of this section, an accessory apartment pursuant to Section 2.3.4 shall constitute a dwelling unit. 4.3.3 Procedures. Any building permits issued shall be issued in accordance with the following procedures: 1. The Building Inspector shall act on each permit in order of submittal. Any permit application that is incomplete or inaccurate shall be returned to the applicant and shall require new submittal. 2. The Building Inspector shall mark each application with the time and date of submittal, and shall act on each application in a timely manner. 3. At the end of the calendar year in which this by-law is in effect, the Building Inspector shall retain all applications for which a building permit has not been issued. Upon being informed in writing by the applicant before the tenth of January of the succeeding calendar year that the applicant desires the application to remain in effect, the Building Inspector shall treat said application in accordance with subsection 4.3.3(1), above. 4.3.4 Special Permi If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] Board of Appeals, Based on the provided excerpt from the town ordinances, the special permit granting authority for accessory apartments in Sterling, Massachusetts is the Board of Appeals. It grants all special permits unless specifically designated otherwise. " "[INST] Context: , the permit shall lapse, and be null and void. if occupancy of the said additional living area is then desired by another family member of the owner or owners, a new application for a Special Permit authorizing such occupancy shall be made. It is the intention of this provision that such additional living area shall not be used as an apartment for hire, but only as a convenience for a member of the owner's family, under special circumstances. Adopted Special Town Meeting, April 25,1983. Art. 40. TRAILER : Any vehicle which is immediately portable, and is arranged, intended, designed, or used for sleeping, eating, or temporary business use in conjunction with construction, or is a place in which persons may congregate including a house trailer or camper. Trailer and Recreational Vehicle: A vehicular, portable structure built on a chassis, designed as a temporary dwelling for travel, recreation and/or vacation. Added by action of Town Meeting, April 24,1978, Article #60. USE : The purpose for which a structure or lot is arranged, designed, or intended to be used, occupied, or maintained. USE, ACCESSORY : A use incidental and subordinate to the principal use of a structure or lot, or a use, not the principal use, which is located on the same lot as the principal structure. Accessory use by area shall be interpreted not to exceed 40 percent of the area of the total use of the structure or lot on which it is located, but this area limitation shall not be applicable either to: (i) accessory off-street parking and loading spaces, whether or not in excess of that required in Section VIII, (ii) Accessory filling of water, wet area or depression, or (iii) accessory removal of gravel, sand, or other earth material incidental to and in connection with the construction of a building or a lot. Amended by action of Town Meeting, April 28,1980, Article #6. USE, NONCONFORMING : A use lawfully existing at the time of adoption of this By-Law or any subsequent amendment thereto, which does not conform to one or more provisions , in whole or in part, within such Districts or is exempt from the provisions of this Wetlands Protection By-Law, he may request such further information of the Applicant as he may reasonably require to make his determination. Subsequent to a determination by the Building Inspector that any portion of the tract identified in the application lies within the Flood Hazard, Wetland or Watershed Districts or is subject to the provisions of this Wetlands Protection By-Law the Building Inspector shall not issue a building permit unless he has determined that: a. The proposed use of the tract, any part of which is located within a Flood Hazard, Wetland or Watershed District, is shown by the Applicant to comply strictly with the uses and area restrictions permitted or required in such Districts under Sections 4A, 4B, and 4C above; and b. The proposed uses otherwise comply with the provisions of this Zoning By-Law and with any other local, state or federal laws, regulations or ordinances the enforcement of which is the responsibility of the Building Inspector. If the Building Inspector shall determine that no approvals, special permits or variances are required by the Applicant under this Wetlands Protection By-Law, he shall so indicate in writing on the Plan and by letter to the Applicant and all other required approvals may thereafter be sought by the Applicant including without limitation any approvals which may be required under State Wetland Protection Laws, without regard to this Wetland Protection By-Law. In all other instances relative to this Wetlands Protection By-Law, the Building Inspector shall promptly notify the Applicant by certified mail, return receipt requested, that this By-Law prohibits the contemplated use, and shall advise the Applicant of his right to appeal the Building Inspector's decision to the Zoning Board of Appeals. 6. Zoning Board of Appeals. a. Appeals and Applications for Special Permits Generally. An appeal may be taken to the Zoning Board of Appeals by any Applicant aggrieved by a decision of the Building Inspector and a special permit ma f approved, will not cause substantial detriment to the public good or impair the purposes and intent of this By-Law. (Amended by action of Town Meeting, April 24,1978, Article #64) (Amended by action Special Town Meeting, May 3,1999 Article #5) K. Special Permits. The Board shall have the power to hear and decide on applications for special permits for exceptions. 1. in applying for a Special Permit, the applicant need not demonstrate hardship, since the basis for the action is of general benefit to the Town as a whole. In granting a Special Permit, the Board, with due regard to the nature and conditions of all adjacent structures and uses, and the District within which the same is located, shall find all of the following general conditions to be fulfilled: (a) The use requested is listed in Table of Use Regulations as a Special Permit in the District for which application is made: (b) The requested use is essential or desirable to the public convenience or welfare: (c) The requested use will not create undue traffic congestion, or unduly impair pedestrian safety: (d) The requested use will not overload any public water, drainage or sewerage system or any other municipal system to such an extent that the requested use or any developed use in the immediate area or in any other area of the town will be unduly subjected to hazards affecting health, safety, or the general welfare: (e) Any special regulations for the use, set forth in Section XI, are fulfilled: (f) The requested use will not impair the integrity or character of the District or adjoining zones, nor be detrimental to the health, morals, or welfare. 2. The Special Permit Application must be filed with the Town Clerk who shall transmit the application to the Special Permit Granting Authority. The effective date of filing is the date the application is filed with the Town Clerk. Special Permits shall only be issued after a pu erent planning approach to the remainder of the SCMUOD. The goal of creating Area B is to preserve the physical character of the Area while allowing architecturally appropriate additions and re-use of buildings. [3.0] Special Permit Granting Authority a) For all purposes pursuant to Section 3.0 of the SCMUOD, the Planning Board is hereby designated as the Special Permit Granting Authority (SPGA). All Special Permit applications made pursuant to the SCMUOD by-law shall conform to the standards and criteria and procedural provisions of the SCMUOD by-law and all relevant procedural provisions in Section X-K of the current Stoughton zoning by-laws, except that, wherever Section X-K refers to 'Board' or 'Zoning Board of Appeals', this shall mean the SPGA for the purposes of the SCMUOD by-law. b) The SPGA shall adopt and maintain Stoughton Center Design Review Guidelines to support the standards and criteria contained within the SCMUOD by-law. [4.0] Uses Allowed by Special Permit All uses allowed by right in the underlying zoning district are permissible by Special Permit in the SCMUOD unless listed below as being prohibited. [4.1] Permitted Uses No building or structure shall be designed, arranged or constructed and no building, structure or land shall be used, in whole or in part, for any purpose other than for one or more of the uses herein set forth as permissible by Special Permit. These uses may be combined within a single structure. Within the SCMUOD, the SPGA may issue a special permit for the following uses: a) Dwelling units located above a retail, restaurant, professional office and service, personal service, or other non-residential use(s) at ground level, provided that no more than 10% percent of thy total number of dwelling units at any one time be units of 3 or more bedrooms; b) Multistory parking structures, provided that the structure complies with the design standards for pa dimensions and maximum building area may be adjusted as deemed appropriate by the Board of Appeals. 5. At any one time, not more than 10 percent of the total dwelling units shall contain three or more bedrooms. 6. For multifamily units of two or more bedrooms, there shall be constructed and equipped an outdoor recreation area containing 100 square feet for each dwelling unit within the development with a minimum requirement of 2,000 square feet. Specifically exempt from this requirement are one-bedroom units and housing for the elderly. 7. The development shall be served by public water and sewerage. 8. Parking facilities shall meet the requirement of Section VIII except the required number of spaces shall be one additional for each five units for visitor parking. In housing for the elderly projects, the parking requirements shall be reduced by 50 percent. 9. Such other conditions as the Board may find appropriate in accordance Section XX may be imposed. K. Fast Order Food Establishments. In considering special permits for Fast Order Food Establishments, the Board shall give consideration to the following: 1. Impact on traffic and parking. 2. Sensitivity to the visual and physical characteristics of the particular location, including siting, signing, lighting, landscaping, fencing, materials, windows, etc. 3. Fulfillment of a need in the neighborhood or in the Town. 4. Reliance on walk-in trade as opposed to drive-in or automobile related trade. (Added by action of Town Meeting, June 23,1976, Article #30) L. Adult Entertainment Establishments may not be located less than 750(seven hundred fifty) feet from the nearest lot line of: a. Each other b. Public or Private Nursery-Schools c. Public or Private Day Care Centers d. Public or Private Kindergartens e. Public or Private Elementary Schools f. Public or Private Secondary Schools g. Playgrounds h. Churches (Adopted Special Town Meeting, April If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] I don't know, It's not clear that Stoughton allows for accessory dwelling units, nor who the permit granting entity would be from the provided excerpt. " "[INST] Context: cability. The Planning Board, acting as Special Permit Granting Authority, may grant a Special Permit for construction of an Incentive Senior Development and accessory structures, in the following zoning districts: Single Residence ""A"", Single Residence ""C"", Limited Business, Village Business and Research District. 5430. Standards. The following standards shall apply to all Incentive Senior Developments: 5431. Tract Qualification. At the time of granting a special permit by the Planning Board, the property under consideration for an Incenti2ve Senior Development shall be located on a contiguous parcel, not separated by a public or private way, with definite boundaries ascertainable from a recorded deed or recorded plan, having an area of at least 10 acres. For parcels greater than 20 acres, parcels may be separated by a private or public way. 5432. Age Qualification. An Incentive Senior Development shall constitute housing intended for persons of age fifty-five (55) or over within the meaning of M.G.L. c151B, §4, §6 and 42 USC §3607(b)(2)(c), and in accordance with the same, one hundred percent (100%) of the dwelling units in an Incentive Senior Development shall each be owned and occupied by at least one person fifty-five (55) years of age or older per dwelling unit, and such development shall be operated and maintained in all other respects in compliance with the requirements of said statutes and regulations promulgated pursuant thereto. In the event of the death of the qualifying owner/ occupant(s) of a unit, or foreclosure or other involuntary transfer of a unit in such a development, a two-year exemption shall be allowed for the transfer of the unit to another eligible household. 5433. Applicant Qualifications. The applicant for a Special Permit under the provisions of this section shall be the owner of the tract proposed for such Development or be authorized in writing by the owner to apply for and be issued such Special Permit, and shall establish to the satisfaction of the Planning Board that the applicant has knowledge, experience and financial resources su ssuance of a special permit by the Board of Appeals. Providers shall comply with all applicable federal, state, and local laws. 2312. Boarders in Single-family Dwelling. The renting of rooms and/or furnishing of board to not more than five (5) persons in a single-family dwelling by the owner thereof shall be a permitted accessory use. The renting of rooms and/or furnishing of board to more than two persons shall cause the use to be classified as a boarding house subject to the provisions of Section 2230 (Table of Principal Use Regulations), herein. 2313. The Board of Appeals may grant a special permit for the nonexempt raising of swine, poultry, furbearing animals, and the operation of kennels in any district; in accordance with Section 6200, such Board may impose such restrictions with respect to the conduct thereof as in its judgment may seem necessary for the general welfare of the Town. 2314. Any use accessory to an allowed principal nonresidential use where such accessory use is an entry in the Table of Principal Use Regulations shall be allowed only upon the issuance of a special permit from the Board of Appeals. 2315. Uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, may be permitted in Limited Industrial Districts, Industrial Districts, Industrial Park Districts, and Research Districts upon the issuance of a special permit provided the granting authority finds that the proposed accessory use does not substantially derogate from the public good. 2320. Accessory Structures. 2321. Unregistered motor vehicles. Unregistered motor vehicles which are unfit for use, permanently disabled or have been dismantled or are otherwise inoperative, shall not be stored, parked or placed upon any land in the town unless the same shall be within a building or in an area unexposed to the view of the public and abutters or in an area properly approved for the keeping of the same by licensed junk dealers (and automobile omatically terminate upon the sale, transfer, or other change in ownership of the principal dwelling unit. 5563. The Special Permit for a unit occupied by a low or moderate income family shall be issued for a period of two years. The permit shall automatically expire on the second anniversary of its issuance unless extended for one or more additional two year periods upon the filing by the owner(s) of a sworn affidavit and income verification of the present occupants of the accessory dwelling unit with the Town Clerk, with a copy to the Board of Appeals certifying occupancy consistent with the Special Permit. The Special Permit for a low or moderate income unit which is approved as an affordable housing unit under one of the programs identified herein shall be for a period of five years, and shall be renewable in accordance with the foregoing procedure. 5570. Other Requirements. 5571. No Separate Conveyance. The ownership of the accessory dwelling unit shall not be conveyed or otherwise transferred separately from the principal dwelling. 5572. Removal of Separate Facilities. The Building Inspector may, in addition to other remedies, order removal of the separate kitchen facilities, equipment or fixtures that were made or installed to create such unit, if the unlawful use of such unit is discovered. 5573. Revocation. A Special Permit granted hereunder may be revoked by the Board of Appeals for violation of the terms thereof or occupancy of the accessory dwelling unit in violation of the Special Permit or the Zoning Bylaw. 5574. Provision of Information. The applicant for a Special Permit shall file with the Board of Appeals such plans, specifications and other information concerning the unit and its proposed use as the B 10. Special Permit Granting Authority. Unless specifically designated otherwise, the Board of Appeals shall act as the Special Permit Granting Authority. 6220. Criteria. Unless otherwise specifically provided to the contrary, the Board of Appeals shall, before granting special permits, find that in its judgment all the following conditions are met: a. That the use is in harmony with the general purpose and intent of the bylaw; b. That the use is in an appropriate location and is not detrimental to the neighborhood and does not significantly alter the character of the zoning district; c. Adequate and appropriate facilities will be provided for the proper operation of the proposed use; d. That the proposed use would not be detrimental or offensive to the adjoining zoning districts and neighboring properties due to the effects of lighting, odors, smoke, noise, sewage, refuse materials or other visual nuisances; e. That the proposed use would not cause undue traffic congestion in the immediate area. 6230. Procedures. An application for a special permit shall be made in accordance with the rules and regulations of the Special Permit Granting Authority. 6240. Conditions. Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the Special Permit Granting Authority may deem necessary to serve the purposes of this Bylaw. 6250. Plans. An applicant for a special permit shall submit a plan in substantial conformance with the rules and regulations of the Special Permit Granting Authority. 6260. Regulations. The Special Permit Granting Authority may adopt rules and regulations for the administration of this section. 6270. Fees. The Special Permit Granting Authority may adopt reasonable administrative fees and technical review fees for applications for special permits. 6280. Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 12 months following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in G.L. c. 40A, s. 17, from pplication for a Special Permit under this section, the applicant may consult with the Planning Board prior to the hearing and the Planning Board may submit in writing, prior to the hearing, its recommendations and report to the Board of Appeals. 5550. Number of Accessory Dwelling Units. The number of accessory dwelling units permitted under this bylaw shall not exceed five percent of the total number of single-family residences existing in the Town at the beginning of the year in which the application was filed. 5560. Duration of Special Permit. 5561. The Special Permit for an accessory dwelling unit occupied by persons related to the family owning and residing in the principal dwelling may be issued for the duration of such occupancy. Such permit shall require the filing by the owner(s) of a sworn affidavit with the Town Clerk, with a copy to the Board of Appeals, certifying such occupancy every four years consistent with the Special Permit. Such permit shall automatically terminate upon the sale, transfer, or other change in ownership of the principal dwelling unit. 5562. The Special Permit for a unit occupied by domestic help shall be issued for a period of two years. The permit shall automatically expire on the second anniversary of its issuance, unless extended for one or more additional two year periods upon the filing by the owner(s) of a sworn affidavit with the Town Clerk, with a copy to the Board of Appeals certifying occupancy consistent with the Special Permit and this subsection. Such permit shall automatically terminate upon the sale, transfer, or other change in ownership of the principal dwelling unit. 5563. The Special Permit for a unit occupied by a low or moderate income family shall be issued for a If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] Board of Appeals, The entity with the special permit granting authority over accessory dwelling apartments is the Board of Appeals. This is identified in section 6220. " "[INST] Context: SECTION TEN: USES AUTHORIZED BY SPECIAL PERMIT OF THE MUNICIPAL COUNCIL 10.1 PROCEDURES The requirements of Section 10.0 of the Zoning Ordinance of the City of Taunton for documentation and information when submitting an application for Special Permit to the Municipal Council shall apply to all applications for variances from the requirements of the said Section 10.0 submitted to the Zoning Board of Appeals which does not comply with the said requirements shall be determined to have been improperly filed and shall be rejected. The Board of Appeals may authorize use variances for uses and activities not otherwise permitted in the district in which the land or structure is located, provided, however, that no variance allowing the establishment of condominiums, apartments, two family dwellings, or row houses containing two or more dwelling units in any district shall be granted. (See Section 3.3, #3 consistency with use variance decisions) Applications for Special Permits of the Municipal Council shall be submitted as follows: The Zoning Ordinance shall provide for specific types of uses which shall only be permitted in specified districts upon the issuance of special permit. Special permits may be issued only for uses which are in harmony with the general purpose and intent of this ordinance and shall be subject to general or specific provisions set forth therein; and such permits may also impose conditions, safeguards, and limitations on time and use. Refer to Section 3.4 and 3.5 for more information on the special permit process and the Special Permit Granting Authority. 1). The applicant shall submit plans to the City Planner who shall advise the applicant as to the pertinent sections of the Zoning Ordinance. The applicant shall submit the special permit application to the City Planners office for distribution to interested departments and boards for review. The original application shall be submitted to the City Clerk's Office. The special permit application shall be reviewed by the City Planner for completeness before the application is referred to the boards and departments. Plans submitted for review place in the City Hall for a period of not less than 14 days before the day of such hearing. The Board shall also notify by mail, postage prepaid, the petitioner, abutters, owners of land directly opposite on any public or private street or way, and the owners of land within three hundred (300) feet of the property line, the Planning Board of Taunton and the Planning Board of every abutting city and town. Such notice shall be mailed to all parties as they appear on the most recent Taunton property tax records. 3.4 SPECIAL PERMIT GRANTING AUTHORITY (SPGA) 3.4.1 Designation of SPGA Special permits may be authorized for specific types of uses in designated districts by the special permit granting authority specified in the ordinance (the Board of Appeals, the Municipal Council, the Planning Board; See Section 5.2). 3.4.2 General Requirements Special permits may only be issued after the special permit granting authority finds that the use is in harmony with the general purpose and intent of this Ordinance and that the specific provisions set forth within this Ordinance are met. For the applicable special permit authority, see Section 5.2. Special permits shall not be subject to application for a variance to the Zoning Board of Appeals. The special permit granting authority may impose conditions, safeguards, and limitations on time or use of a special permit. (See Section 10.1.1 for further Special Permit requirements) 3.4.3 Review by Official Board All petitions for special permits shall be submitted to and reviewed by the Planning Board, Board of Health, Tree Warden, Fire Department, Traffic Safety Officer, Zoning Enforcement Office, Conservation Commission, Community Planning and Economic Development and the Historic District Commission and other municipal departments, who shall make such recommendations as they deem appropriate and shall send copies thereof to the special permit granting authority and to the applicant; provided, however, that failure of any of the above to make recommendations within thirty-five days of receipt of the petition shall be deemed lack of opposition the underlying district. Developments within the overlay zone must conform to the requirements of both zones or the more restrictive of the two. PERMIT GRANTING AUTHORITY - the Board of Appeals. PRE-DEVELOPMENT GRADE - the elevation of the average crown of the adjacent road, or roads, or average natural grade at the base of the structure, whichever is higher. A grade may be increased up to five (5) feet above pre-development grade for a residential structure. Any increase in fill or grade above five feet shall constitute a decrease in the maximum height allowed for residential structures ROADSIDE STAND - a permitted accessory agricultural use in which vegetable produce of a farm or garden and no other products, articles or merchandise may be sold, except that Christmas trees and wreaths grown elsewhere may be sold. ROWHOUSE - is a building having a party wall with another building adjoining. ROWHOUSES - buildings for residential use for one family each, having separate entrances, plumbing, and heating systems, attached to each other in a linear formation and divided by party or fire walls without openings. (See Section 10.3 no group of rowhouses shall contain less than three nor more than eight units). SPECIAL PERMIT GRANTING AUTHORITY - Board of Appeals, Municipal Council, Planning Board or other entity designated herein pursuant to Chapter 40A; to issue certain types of special permits. (See 3.4/1) STORY - that portion of a building contained between any floor and the floor or roof next above it, but not including any portion so contained if more than one-half of such portion vertically is below the average mean finished grade of the ground adjoining such building. STORY, HALF - that portion of a building next beneath a sloping roof and in which there are less than four (4) feet vertically between the floor and the intersection of the bottoms of the rafters with the interior faces of the walls. STREET - a public way; or a way which the City Clerk certifies is maintained and used as a public way; or a way shown on a plan approved in accordance with the subdivision control law; or a way in existence when the subdivision control law became effective i SECTION NINE: USES AUTHORIZED BY SPECIAL PERMIT OF THE BOARD OF APPEALS 9.1 ACCESSORY USES CUSTOMARILY RELATED TO PERMITTED PRINCIPAL USES (In Office district) Accessory use such as a pharmacy, apothecary shop, a store for the sale of corrective garments or bandages, the sale of optical supplies, or a restaurant, or with a similar relation to the authorized principal uses, provided it is located within the same building as the principal use, and is without direct outside access for customers. 9.2 NON-DWELLING BUILDINGS IN FLOOD PLAIN DISTRICT Non-dwellings are subject to such limitations and conditions as the Board of Appeals may deem pertinent with respect to flooding and the flood plain district requirements, including: a. Geographic location of proposed building and security of driveway and walkway access to it during flooding; b. Foundation elevations of proposed building and security of foundations during flooding, including assurance that the foundations would not be undermined and that the proposed building would not be floated off, swept away nor battered off during flooding; c. Disposal of sewage from the proposed building and containment of sewage during flooding; d. Safety of water, sewage, gas, electric and fuel utilities from breaking, leaking, short-circuiting, grounding, igniting, electrocution, or other dangers during flooding; e. A determination by the Board of Appeals with respect to soil structure and the general character of development in the neighborhood, and with respect to flooding and health and welfare factors; f. Each building erected in a Flood Plain District, shall be on a lot of not less than the width and area required by the underlying zoning; g. On each lot in a Flood Plain District, an open yard space not less than thirty-five (35) feet deep, shall be provided all along each property line of such lot, except that where a property line is in a river, stream, pond, or swamp, every part of any building shall be not less than fifty (50) feet from the shore or such waterbody, or from mean high tide line on tidal shores. h. Buildings permitted in Flood Plain Districts shall not exceed one and one-half (1 1/2) stories nor twenty (20) feet in height but this limitation shall not apply to cranes, derricks, chimneys, skylights, ventilators, cupolas, weathervanes, flagpoles or lookout or diving platforms associated with such buildings; i. Buildings, shall not cover more than five (5%) percent of the gross area of any lot in any Flood Plain District. Notice of application for special permits shall be given to the Zoning Enforcement Office, and the Conservation Commission. ignificant decrease in surface or groundwater quality, or environmental degradation. If the Special Permit is granted, there shall be no amendments, changes or transfer or ownership without Planning Board review and approval. In accordance with Section 9 of General Laws Chapter 40A, all granted permits necessary for the prosecution of the work shall be obtained and construction shall be commenced within two years from the date of filing of the Board's decision in the office of the City Clerk. 14.2 INCLUSIONARY HOUSING 14.2.1 PURPOSE The provisions of this Section are designed: a) to increase the supply of safe and sanitary housing in the City of Taunton that is available to and affordable by low, moderate and middle income households; b) to encourage a greater diversity of housing accommodations to meet the needs of family households and other City residents; c) to promote a reasonable mix and distribution of housing opportunities throughout the City and d) preventing the displacement of low, moderate and middle income Taunton residents. 14.2.2 APPLICABILITY Any residential development may seek to increase its density of development through a special permit, provided it meets the standards for the provision of affordable housing outlined in this section. 14.2.3 DEFINITIONS LOCAL HOUSING AUTHORITY - the local housing partnership is the organization recognized by the Massachusetts Housing Partnership (MHP) as a MHP affiliate. The central role of the local housing partnership is the promotion of affordable housing opportunities. The Taunton local housing partnership is designated by the Mayor. LOW INCOME HOUSEHOLDS - ""Low income families"" are those whose incomes do not exceed 50 percent of the median income of the area, with adjustments for smaller and larger families. MODERATE INCOME HOUSEHOLDS - ""Moderate income families"" are those whose incomes are no greater than 80 percent and no less than 50 percent of the median income of the area, with adjustments for smaller and larger families. MIDDLE INCOME HOUSEHOLDS - ""Middle income families"" a If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] I don't know, Generally, the entity specified for approving special permits is the Board of Appeals. However, my answer is ""I don't know"" because it is not clear if accessory dwelling units are allowed in Taunton, and if so, the entity in charge of approving those special permits. " "[INST] Context: s section does not provide for ""two-family"" or ""duplex"" type housing. [Added 12-4-1990 STM by Art. 9] B. An owner or owners of a single-family dwelling in an RA or RB District may apply to the Board of Appeals for a special permit for the construction and occupancy of an accessory dwelling unit, hereinafter ""accessory apartment"" .in such single-family dwelling. In no case shall there be more than one accessory apartment in any single-family dwelling. C. In accordance with the provisions of Article XI of this bylaw, and after due consideration of the report and recommendation of the Board of Health (see Subsection C), the Board of Appeals may grant a special permit provided that: [Amended 12-4-1990 STM by Arts. 10 and 11; 4-27-1991 STM by Art. 7] (1) The accessory apartment is accessory to the principal residence, the floor area of the apartment shall not exceed 35% of the floor area of the principal residence and the apartment combined, and either the apartment or the principal residence is occupied by the owner of the lot on which the apartment is to be located, except for bona fide temporary absences. (2) Adequate provision has been made for the disposal of sewage, waste and drainage of such accessory apartment in accordance with the requirements of the Board of Health. (3) Adequate provision has been made for ingress and egress to the outside from such accessory-apartment. (4) The construction and occupancy of the accessory apartment will not be detrimental to the neighborhood in which the lot is located. (5) The lot on which the accessory apartment and principal residence are located contains at least one acre. (6) Adequate provision has been made for off-street parking of motor vehicles in such a fashion as is consistent with the character of a single-family residence. (7) There is no other apartment on the lot on which the accessory apartment is to be located. D. In order to ensure compliance with Subsection B(2) above, the applicant shall obtain and submit to the Board There is no other apartment on the lot on which the accessory apartment is to be located. D. In order to ensure compliance with Subsection B(2) above, the applicant shall obtain and submit to the Board of Appeals prior to the hearing a written report of the Board of Health certifying that the conditions of Subsection B(2) have been met. The Board of Health may supplement its report within five days after the hearing. E. Any owner or owners of a single-family dwelling in RA and RB Districts seeking a new or a renewal of an accessory apartment permit shall agree to abide by the terms of a local housing agency or partnership program to ensure moderate income occupancy of the apartment thus created for a period of not less than five years. The local housing agency or partnership shall permit deferral of the program if the homeowner wishes to accommodate initially a family member or members. For the purpose of this section, family member shall be defined as one of the blood, step or adopted relatives of the homeowner or spouse as follows: mother, father, sister, brother; son, daughter, uncle, aunt, grandmother, grandfather and/or their spouses. Should the family member ""vacate"" the accessory apartment, the agreement with the local housing agency or partnership may be voided, providing the accessory apartment is discontinued and the dwelling reverts back to compliance with 145-26A(1). Any apartment proposed hereunder shall comply with all applicable provisions of this 145-36. Any permit granted, pursuant to :this section shall be of five years duration revocable upon sale of the property unless the buyer, by written notice to the Board of Appeals, agrees to the local housing agency or partnership program for the balance of the term. [Amended 12-4-1990 STM by Art. 12] §145-37. Apartments. A. Zoning district allowed: RA, RB. B. Minimum lot area: eight acres. C. Minimum lot frontage: 500 feet. D. Minimum front yard: 100 feet. E. Minimum side yard: 60 feet. F. Minimum rear yard: 60 feet. G. ARTICLE IX Special Provisions §145-34. Additional requirements. §145-35. Motels. A. The density of motel units per acre shall be no more than five. [Amended 5-18-1987 STM by Art. 22] B. On each lot used for motel purposes there shall be provided front yard 60 feet in depth, rear and side yards each not less than 50 feet in depth. C. A space not less than 20 feet shall be maintained open with grass, bushes, flowers or trees all along each side lot, rear lot and front lot, except for entrance and exit driveways, and such open space shall not be built on, nor paved nor used for parking. D. No space within the required front yard depth shall be used for parking except as a temporary nature such as for registering. No parking spaces are allowed in required yard depths and all parking shall be at the side, rear or under the building for which it is intended. E. Each motel site shall be provided with not more than two motor- vehicle driveways for each abutting street which shall intersect the abutting street or streets at 90. F. Each rental unit shall contain not less than 250 square feet of habitable floor area. G. Subject to Board of Appeals, uses such as but not limited to restaurants, convention facilities, health clubs, retail shops, beauty and barber shops are permitted within motels containing 100 or more units. H. Hotels/motels in operation prior to January 1, 1970 have the capability to expand to a maximum density of 10 units per acre with or without individual kitchens. [Added 4-29-1991 ATM by Art. 41] §145-36. Accessory apartments in residential district. A. Purpose. Recognizing the need to provide alternative affordable housing for family members, the following regulations are established for accessory apartments in a residential district. It is expressly understood that this section does not provide for ""two-family"" or ""duplex"" type housing. [Added 12-4-1990 STM by Art. 9] B. An owner or owners of a single-family dwelling in an RA or RB District may apply to the Board of A llowed for calendar year 2008, which have not been issued by the effective date of this amendment, shall be available for issuance pursuant to this amendment for the remainder of calendar year 2008. If in any year that this bylaw is in effect, all 28 building permits that may be issued in the calendar year are issued prior to the end of the calendar year applications shall be processed as follows. Whenever an individual or entity submits a complete application for a building permit prior to the end of the calendar year, those individuals or entities shall be assigned numbers with their applications in order of receipt. Those permits that have been assigned numbers shall be issued first in the next calendar year prior to the issuance of any other permits and shall be counted as part of the 28 allowable in the ensuing calendar year. A ""complete"" application shall include all necessary approvals from other boards, including well and septic approvals. §145-85 Special permit exemption. A. The Planning Board may grant a special permit under this section only if the Board determines that the probable benefits to the community outweigh the probable adverse effects resulting from granting such permit, considering the impact on schools, other public facilities, traffic and pedestrian travel, recreational facilities, open spaces and agricultural resources, traffic hazards, preservation of unique natural features, planned rate of development, and housing for senior citizens and people of low or moderate income, as defined by the Commonwealth of Massachusetts Department of Housing and Community Development, as well as conformance with Master Plan or Growth Management Plans prepared by ommission, and Board of Selectmen for written comments and recommendations. In addition to the above-noted boards, a special permit granting authority (SPGA) may refer a special permit application to any other Town agency/board/department/officer for comments and recommendations if it so desires before taking final action on said special permit application. The decision of the SPGA to refer the matter to another Town agency/board/department/officer may be made without a public hearing. [Amended 4-27-1991 STM by Art. 12] (2) Any such board or agency to which applications are referred for comment shall make its recommendations and send copies thereof to the SPGA and the applicant within 35 days of receipt of the referral request by said board or agency or there shall be deemed no opposition or desire to comment. The SPGA shall not act upon said special permit until either comments from referred boards or agencies have been received or said 35 days have elapsed, whichever is sooner. Applications referred to more than one board or agency may be reviewed jointly by said boards or agencies. F. Decision. [Amended 4-27-1991 STM by Art. 13] (1) In addition to any specific requirements elsewhere in this bylaw, or where no specific restrictions are made applicable to a use allowed by special permit, the SPGA may grant a special permit, but only upon its written determination that the proposed use will not have adverse effects which overbalance its beneficial effects on either the neighborhood or the Town, in view of the particular characteristics of the site. The SPGA may require the applicant to pay the costs of hiring independent experts chosen by the SPGA to review any information required by the board. The determination shall indicate that the proposed use will be in harmony with the general purpose and intent of this bylaw and shall include, but not be limited to, consideration of each of the following: (a) Adequacy of the site in terms of size for the If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] Board of Appeals, Based on the provided zoning bylaw, the special permit granting authority for accessory apartments in an RA or RB district is the Board of Appeals." "[INST] Context: e plan should show all existing buildings and structures including accessory uses and structures; parking, both existing and proposed; and on a separate plan the existing and proposed interior layout of the residence including walls, location of entrances and exits, locations of proposed and existing bath and dining facilities. Unless waived by the Special Permit Granting Authority said plan(s) as prepared and stamped by a registered architect or engineer. If the lot lines and boundaries are not based upon the original or subsequent plan of land as prepared by and stamped by a registered land surveyor said plan(s) as required by this section must be so certified. 3. A building elevation plan shall also be required showing the proposed alterations to the building exterior if any and the proposed locations and design of any separate entrances to serve the proposed living quarters. 4. Evidence that the subject property and primary residence is owned and occupied by the applicant. 4.15.30 Decision Criteria - A special permit for temporary independent living quarters shall be approved upon a determination by the Special Permit Granting Authority that the requirements of Section 1.16.00 Special Permits including 1.16.14 Mandatory Finding of Special Permit Granting Authority and the following additional criteria have been met: 1. The proposed exterior changes to the principal residential unit are such that the appearance does not deviate to any substantial extent from the appearance of the residential dwelling prior to the change and conforms to the established residential character of the neighborhood. 2. That the total square foot areas of the proposed temporary independent living quarters not exceed 20% of the existing living space up to 700 square feet of living space. 3. That the design of the proposed living quarters be engineered to be easily assimilated or reincorporated into the primary structure for use once the need for the use ceases. 4. That the design incorporates the provision for additional off street parking areas as required e of the Town Clerk and no appeal has been filed, or that if such an appeal has been filed, it has been dismissed or denied. 1.16.18 Conditioning by the Special Permit Granting Authority -The Special Permit Granting Authority may for valid reason limit the term of a special permit to be conditional upon specific ownership of the property and/or structure. The Special Permit Granting Authority may also require a resubmission of documentation concerning the conditions in evidence at the time of the original granting or subsequent thereto if for said good reason a reevaluation of items concerning the health, safety and welfare of the inhabitants of the Town of Tyngsborough is in order. Said reevaluation must be so stated and fixed in period during the original granting. 1.16.20 Site Plan Special Permits - Site plan review of the Special Permit Granting Authority is requested for certain uses prior to approval of an applicant for a special permit. 1.16.21 Applicability - A Site Plan Special Permit shall be required in all instances as follows: 1. for the initial development of land specified in section 2.11.30 Table of Permitted Uses as requiring a Site Plan Special Permit and for all accessory uses thereto, or 2. where the gross floor area of an existing building is increased 1,200 square feet or more for uses designated as requiring a Site Plan Special Permit on the Table of Permitted uses, or 3. where a use designated as requiring a Site Plan Special Permit on the Table of Permitted Uses is expanded in ground area by 1,200 square feet or more of either impervious material, open storage or any area of the site devoted to the conduct of the principal accessory use. 1.16.22 Application Contents - Any person who desires to obtain a Site Plan Special Permit shall submit a written application therefore to the Special Permit Granting Authority as shown in Section 2.11.30 of this By-law. Each such application shall be accompanied by the following: 1. A written statement detailing th desires to obtain a special permit shall submit a written application therefore to the Special Permit Granting Authority. Each application shall be accompanied by the information required by the Special Permit Granting Authority and this By-law. 1.16.11 Rules and Regulations and Fees - The Special Permit Granting Authority shall adopt, and from time to time amend, Rules and Regulations, not inconsistent with the provisions of this By-law or Chapter 40A of the General Laws or other applicable provision of the General Laws, and shall file a copy of said Rules and Regulations with the Town Clerk. Such rules shall prescribe as a minimum the size, form, contents, style and number of copies of plans and specifications, the town boards or agencies from which the Special Permit Granting Authority shall request written reports and the procedure for submission and approval of such permits. The Special Permit Granting Authority may adopt, and from time to time amend, fees sufficient to cover reasonable costs incurred by the Town in the review and administration of special permits. 1.16.12 Reports from Town Boards or Agencies - The Special Permit Granting Authority shall transmit or cause to be transmitted pursuant to 1.16.12 forthwith a copy of the application and plan(s) to other boards, departments, or committees as it may deem necessary or appropriate for their written reports. At a minimum, unless waived pursuant to Section 1.16.23, all applications for special permits pursuant to this section shall be submitted to the Planning Board, the Board of Selectmen, the Building Inspector, and Conservation Commission. Other referrals may involve at the SPGA's discretion the Police Chief, the Fire Chief, the Highway Surveyor and others whose input it determined to be of value in the decision making process. Any such board or agency to which petitions are referred for review shall make such recommendation or submit such reports as they deem appropriate and shall send a copy thereof to the Special Permit Granting Authority and to the app of the property owner of record. 4. That the temporary independent living quarters be assimilated, reincorporated or otherwise returned to its former residential use if vacant for a period exceeding six months. 5. That the Special Permit become immediately null and void upon the advertisement, listing, or other actions of which the intent is to market or solicit the living quarters as a rental unit. 4.16.00 Special Permit - Telecommunications Towers (TC-1) A. Purpose: The purpose of these regulations include: minimizing adverse impacts of wireless communications facilities, satellite dishes and antennas; minimizing the overall number and height of such facilities to only what is essential, and promoting shared use of existing facilities to reduce the need for new facilities. B. General Requirements: 1. No wireless communications facility, which shall include monopoles, satellite dish(es) over three (3) feet in diameter or antenna, shall be erected or installed except in compliance with the provisions of this Section. In all cases, a Special Use Permit (SUP) is required from the Planning Board (the ""Board""). Any proposed extension in the height, addition of cells, antenna or panels, or construction of a new or replacement of a facility shall be subject to a new application for a Special Use Permit. 2. Only free-standing monopoles, with associated antenna and/or panels are allowed as specified in Paragraph D below. Lattice style towers and similar facilities requiring three or more legs and/or guy wires for support are not allowed unless the Board determines that based on specific findings of fact that a monopole is not suitable for the location and that the best interest of the Town will be served by the construction of a lattice style tower. Any lattice style tower previously constructed on premises of the Tyngsborough Water District or the Town of Tyngsborough prior to the enactment of this by-law will be allowed. 3. Wireless communications facilities shall be located in telecommunication zoning districts and shall be suitably screened from asily assimilated or reincorporated into the primary structure for use once the need for the use ceases. 4. That the design incorporates the provision for additional off street parking areas as required. 5. That the proposed design and plan shows the provision for not more than one temporary independent living quarters per existing residential unit and that not more than one additional bedroom be constructed. 6. That the design and plan does not provide for separate metered utilities serving the proposed temporary independent living quarters. 7. A restriction including all the conditions must be recording at the Middlesex North Registry of Deeds together with a subordination agreement by any bank or lease holders. 8. The proposed temporary independent living quarter must be within or have a common wall with the single family dwelling unit and not be separated by a hall, stairwee or foyer. For the purpose of this section, the definition for a common wall is one that is connected, usable, and hearted on both sides of the existing dwelling unit. [Amended 9/12/00] 9. That the proposed temporary independent living quarters must be entered through the main dwelling unit and may not have an independent exit directly to the outside, unless waived by the Special Permit Granting Authority for reasons of handicap accessibility. [Amended 9/12/00] 4.15.40 Special Permit Conditions - The Planning Board, acting as the Special Permit Granting Authority may impose special conditions, terms, and other limitations or restrictions regarding the use of temporary independent living quarters pursuant to this Section as follows: 1. A time limit on the validity of the Special Permit be imposed. 2. That the Special Permit become invalid upon the sale or transfer of the property. 3. That the primary dwelling be the principal residence of the property owner of record. 4. That the temporary independent living quarters be assimilated, reincorporated or otherwise returned to its former residential use if vacant for a period exceeding si If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] Planning Board, Based on the provided context, the special permit granting authority for accessory apartments in Tyngsborough, Massachusetts is the Planning Board. The entity is identified in section 4.15.40. " "[INST] Context: ARTICLE VIII Special Permits and Site Plan Review Section 190-42. Purpose and intent. It is the purpose and intent of this Article to provide the designation of the board or agency which shall act on the various special permits, the general and specific regulations governing special permits and the procedures by which special permits shall be granted. Section 190-43. Designation of special permit granting authority. The Board of Appeals shall act as the special permit granting authority for all special permits required under this chapter, except where the Planning Board or other agency is specifically designated as the special permit granting authority by this chapter. A. The Board of Selectmen and the Planning Board shall appoint an associate member of the Planning Board for a term of one (1) year. When the Planning Board has been designated as a special permit granting authority by this chapter, the chairman of the Planning Board may designate the associate member to sit on the Planning Board in the case of absence, inability to act, or conflict of interest on the part of any member of the Planning Board or in the event of a vacancy on the Planning Board. See §190-73 for the general submission requirements for applications to the Zoning Board of Appeals and the Planning Board. **Webmasters Note: The previous subsection, A, has been added as per Case No. 1986 from town meeting dated 4/1/02. Section 190-44. General regulations. Certain uses, structures or conditions are designated in Article IV, Use Regulations, as requiring a special permit. Upon submission of a written application duly made to the special permit granting authority, the special permit granting authority may, in appropriate cases, subject to the requirements of state law, applicable conditions contained herein and to all other reasonable conditions and safeguards, grant a special permit for such uses, structures or conditions. A. Before granting a special permit, the special p cupy at least one (1) of the dwelling units on the premises. The special permit shall be issued to the owner of the property. Should there be a change in ownership, a change in the residence of the owner or the death or removal of the surviving parent or family member occupying the accessory apartment, the special permit use and the certificate of occupancy for the accessory apartment shall become null and void. Within ninety (90) days of the death or removal of the surviving parent or family member, or prior to a change in ownership or residence, the second kitchen shall be removed and the house shall revert to a single-family status. Should the new owner decide to live in the structure and desire to continue the use of the second dwelling unit, he shall apply to the Zoning Board of Appeals for a special permit. The owner-applicant shall be required to file on the subject property a declaration of covenants prior to the issuance of a special permit for an accessory apartment. This declaration shall be in favor of the Town of Wakefield and state that: a. The special permit for an accessory apartment or any renewal of said special permit shall terminate upon the death of the undersigned and the spouse of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as his principal residence. b. The new owner of the premises shall have to apply to the Zoning Board of Appeals for a special permit to continue the accessory apartment. (4) The special permit shall be issued on a year-to-year basis, and the Board of Appeals shall not renew any such permit where the need for such accessory use no longer exists. The Board shall require a bond or surety to insure that any improvements made shall be removed at the expiration of such special permit or the sale of the premises, whichever occurs first. (5) An accessory apartment must be located in the principal dwelling, provided that such principal dwelling conforms to the other requirements of this chapter, unless a variance therefor shall have been granted by the ment or successor agency. This is in order to ensure the long-term affordability of the designated affordable dwelling units. The applicant shall submit proof to the Special Permit Granting Authority that the use restriction or regulatory agreement was recorded at the Registry of Deeds prior to obtaining any building permit for the project; **Webmasters Note: The previous subsections, F(6) and F(6)(a), has been added as per an update approved at a town meeting held on 4/5/04. G. Conversions to apartments. (1) A single-family dwelling in the Single Residence District may be converted to a two-family dwelling, provided that the dwelling contains nine (9) or more rooms, was originally constructed prior to 1935 and is located on a lot of twelve thousand (12,000) square feet or more. In the Single Residence District, a special permit shall be required from the Board of Appeals. [Amended 5-23-1994 ATM by Art. 39] (2) A single- or two-family dwelling in the General Residence District or Business District may be converted to a three- or four-family dwelling, provided that: (a) The dwelling is located on a lot of thirteen thousand (13,000) square feet or more. (b) There shall be a minimum lot area of three thousand five hundred (3,500), square feet for each dwelling unit provided. (c) There shall be a minimum floor area of six hundred fifty (650) square feet for each dwelling unit provided. (d) A special permit shall be obtained from the Board of Appeals. Conversions in the Business District shall be granted only if the Board of Appeals determines that the proposed residential use will not be detrimental to the economic health of the Business District and that the proposed location is a suitable residential environment. (e) The conversion shall meet all building codes, fire, safety and health regulations and other sections of this chapter. Section 190-33. Cluster development. A. Cluster development may be allowed by special permit by the Planning Board only in Special Single Residence (SSR) and Single Residence (SR) Di (6) The intent of this Subsection (6) is to increase the supply of housing in the Town of Wakefield that is permanently available to and affordable by low and moderate income households and to encourage a greater diversity of housing accommodations to meet the needs of families and other Wakefield residents; and developing and maintaining a satisfactory proportion of the Town's housing stock as affordable dwelling units. To that end, the Special Permit Granting Authority at the time of the granting of the special permit pursuant to § 190-32 may require the applicant to provide affordable dwelling units up to and including 18% of the total . number of dwelling units provided on the sites which is the subject of the § 190-32 application. Affordable dwelling units shall be defined as dwelling units which count toward the Town of Wakefield's Massachusetts General Laws, Chapter 4013 Subsidized Housing Inventory as the same may be amended from time to time. When the percentage calculation does not result in a whole number it shall be rounded to the nearest whole number, but not less than one. Thus if so required by the Special Permit Granting Authority, (a) The applicant shall submit to the Special Permit Granting Authority, a use restriction or regulatory agreement that establishes an affordability restriction for the maximum period allowed by law for the designated affordable dwelling units. The applicant shall provide, when requested by the SPGA, (1) a copy of the application for a Local Initiative Project or similar program, acceptable to the SPGA, that allows the units be added to the town's subsidized housing inventory under Massachusetts General Laws, Chapter 40B, as amended from time to time; ( 2 ) a complete draft regulatory agreement; and ( 3 ) a letter stating the site has been preliminarily approved by the Department of Housing and Community Development or successor agency. This is in order to ensure the long-term affordability of the designated affordable dwelling units. The applicant shall submit proof to the Special Permit Granting Authority that the u transportation to and from. the resident's place of business. (d) The vehicle shall be parked within the property lines of the lot but shall not be parked in the area immediately in front of the principal dwelling unless the area is paved and leads to a garage. Section 190-22. Accessory uses. A. Residential accessory uses. [1] Single-family. Single-family residential accessory uses shall include the following: (a) Home occupation as defined in Section 190-4, Definitions and word usage. (b) Private swimming pool, provided that a fence or protective barrier not less than five (5) feet in height and having self-latching devices on all gates shall be installed and maintained so as to completely enclose the. swimming pool. All latches shall be located not less than four (4) feet above ground. (c) Temporary yard, lawn or garage sales with permit [one (1) day a year]. (d) Garage for parking non-commercial vehicles. (e) Storage shed or barn not exceeding one thousand two hundred (1,200) square feet in area or twenty-five (25) feet in height. (f) Accessory apartments. [Added 5-10-1993 ATM by Art. 34] (1) Purpose and intent. It is the specific purpose and intent of allowing accessory apartments within one-family properties, except where enforceable deed covenants prohibit the same, in all one-family residence districts to meet the special housing needs of families. To help achieve these goals and to promote the other objectives of this chapter, specific standards are set forth below for such accessory apartment uses. (2) Accessory apartments may be created only within single-family dwellings which are located on lots meeting the minimum lot area and width requirements of the applicable zone. (3) Owner occupancy required. The owner(s) of the one-family lot upon which the accessory apartment is located shall occupy at least one (1) of the dwelling units on the premises. The special permit shall be issued to the owner of the property. Should there be a change in ownership, a change in the residence of the owner or the If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] Zoning Board of Appeals , In Section 190-44, the Zoning Board of Appeals is specifically identified as the special permit granting authority for accessory dwelling units in Wakefield. " "[INST] Context: Accessory Apartment 1. The temporary special permit for an accessory apartment in a single family dwelling shall terminate upon the sale of the property or transfer of title of the dwelling. The permit holder shall notify the Building Inspector within thirty (30) days of the of the sale or transfer. 2. Upon receiving a special permit the owner(s) must file on the subject property a Declaration of Covenants at the Worcester County Registry of Deeds. The Declaration shall state that the right to rent a temporary accessory apartment ceases upon transfer of title. A time stamped copy of the recorded Declaration shall be provided to the Board of Appeals. 3. Upon transfer of title new owners wishing to maintain an accessory apartment must re-apply for a new special permit in accordance with the procedures specified herein. 4. Upon receiving a special permit the new owner(s) must file on subject property a Declaration of Covenants at the Worcester County Registry of Deeds. The Declaration shall state that the right to rent a temporary accessory apartment ceases upon transfer of title. A time stamped copy of the recorded Declaration shall be provided to the Board of Appeals. F. Accessory Apartments in Existence Before the Adoption of Accessory Apartment Bylaw It is the intent of this by-law to ensure that accessory apartments or conversions in existence before the adoption of this by-law are in compliance with the State Building Code Regulations. Application Procedure: 1. The Board of Appeals may authorize, under a special permit and in conjunction with the Building Inspector, an accessory apartment. The Board will review each existing use on a case-by-case basis to determine if the dwelling conforms to State Building Code Regulations. 2. The applicant must follow the same procedure described in Sections D and E of this by-law, including the submission of a notarized letter declaring the owner occupancy and a Declaration of Covenants. 3. Fines shall be levied in accordance with Sections 6.3 of the .The owner of the premises shall occupy one of the dwelling units, except for bona fide temporary absence. 2. Only one apartment will be created within a single family dwelling. 3. The accessory apartment shall be designed so that the appearance of the building remains that of a one family residence as much as possible. 4. Any new entrances shall be located at the side or the rear of the building. 5. The accessory apartment shall be clearly a subordinate part of the single family dwelling and any additions shall not increase the square footage of the original structure by more than 10 percent. 6. An accessory apartment shall be no greater than 700 sq. ft. nor shall it contain more than one bedroom. 7. At least three off-street parking spaces are available for use by owner(s) and tenant(s). 8. The Board of Health shall certify that the septic system is adequate for the disposal of sewage to be generated by both units, or that plans have been approved which will bring the system into compliance with the Board's regulations. No occupancy permit shall be issued until the Board of Health issues a Certificate of Compliance in accordance with Title 5 of the State Environmental Code. D. Special Permit Application Procedure The application for a Special Permit to the Board of Appeals for an accessory apartment allowed under this section shall also include the following: 1. A notarized letter from the owner(s) stating that he/they will occupy one of the dwelling units on the premises. 2. In order to provide for the development of housing for disabled and handicapped individuals, the Board of Appeals will allow reasonable waivers from this by-law where necessary to install features that facilitate access and mobility for disabled persons. E. Transfer of Ownership of a Dwelling With An Accessory Apartment 1. The temporary special permit for an accessory apartment in a single family dwelling shall terminate upon the sale of the property or transfer of title of the dwelling. The permit h ctions D and E of this by-law, including the submission of a notarized letter declaring the owner occupancy and a Declaration of Covenants. 3. Fines shall be levied in accordance with Sections 6.3 of the Zoning By-law, if the owner of an existing accessory apartment fails to apply to the Board of Appeals for a special permit for an accessory apartment before July, 1991. G. Fees Special Permit filing fees set by the Board of Appeals shall be included with the application for an accessory apartment. These fees shall be used to cover the cost of processing the application. 3.5 Home Occupations A. Definition Home occupation: a business, profession, occupation or trade conducted for gain or support; or business activities associated with a non-profit organization and located entirely within a residential building, or a structure accessory thereto, which is secondary to the use of the building for dwelling purposes. B. General Requirements An owner of a single family dwelling in a SR or GR district may apply for a special permit from the Board of Appeals to convert a portion of the dwelling to a Home Occupation use subject to the following criteria and standards; 1. There shall be no exterior display, no exterior storage of materials and no other exterior indication of the home occupation or other variation from the residential character of the principal building. 2. One sign not to exceed two (2) square feet in area, which shall be attached to a building, is permitted but only to display the occupant's name and occupation. 3. The home occupation shall not generate traffic, parking, sewage, water use, or noise in excess of what is normal in the neighborhood. 4. No more than twenty-five (25) percent of the floor area of the residence shall be used for the purpose of the home occupation. 5. No more than one (1) non-resident of the dwelling may be employed in the home occupation. An off-street parking space shall be provided for the home occupation employee, in addition to those required for er of children under sixteen in a Family Day Care Home shall not exceed six, including participating children living in the residence. Family Day Care Home shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children with or without compensation therefore. E. A Special Permit for a riding stable may be granted by the Board of Appeals if it is determined that the said use is in compliance with all state and local regulations governing the operation and that the term ""Riding Stable"" may include the boarding of horses for a fee. 3.4 ACCESSORY APARTMENTS A. DEFINITION: An accessory apartment is a separate housekeeping unit, complete with its own sleeping, cooking and sanitary facilities, that is substantially contained within the structure of a single family dwelling, but functions as a separate unit. B. PURPOSE: The purpose of the Accessory Apartment by-law are to: 1. Provide an opportunity for the older home owners who can no longer physically or financially maintain their single family home to remain in homes they might otherwise be forced to leave; 2. Make housing units available to moderate income households who might otherwise have difficulty finding homes in town; 3. Provide a variety of types of housing to meet the needs of its residents; 4. Protect stability, property values, and the single family residential character of a neighborhood; and 5. Legalize conversions to encourage the Town to monitor conversions for code compliance. C. Special Permit Procedures and Conditions The Board of Appeals may authorize an accessory apartment by Special Permit in any SR (Single Residence), GR (General Residence), or B (Business) District, provided the following standards and criteria are met: 1.The owner of the premises shall occupy one of the dwelling units, except for bona fide temporary absence. 2. Only one apartment will be created within a single family dwelling. 3. The accessory apartmen ial Permit Granting Authority (SPGA) under such conditions as they may require: a. Enlargement or alteration of existing uses that do not conform to the Aquifer and Watershed Protection District; b. The application of pesticides, including herbicides, insecticides, fungicides and rodenticides for non-domestic or non-agricultural uses in accordance with state and federal standards. The Special Permit shall be granted if such standards are met. If applicable, the applicant should provide documentation of compliance with a Yearly Operating Plan (YOP) for vegetation management operations under 333 CMR 11.00 or a Department of Food and Agriculture approved Pesticide Management Plan (PMP) or Integrated Pest Management (IPM) program under 333 CMR 12.00; c. The application of fertilizers for non-domestic or non-agriculture uses. Such applications shall be made in a manner so as to minimize adverse impacts on groundwater due to nutrient transport, deposition and sedimentation; d. Those activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use is permitted in the underlying zone (except as prohibited under Section 2.) Such activities shall require a Special Permit to prevent contamination of groundwater; e. The construction of dams or other water control devices, ponds, pools or other changes in water bodies or courses created for swimming, fishing or other recreational uses, agricultural uses or drainage improvements. Such activities shall not adversely affect water quality or quantity. G. PROCEDURES FOR ISSUANCE OF SPECIAL PERMIT 1. The Special Permit Granting Authority (SPGA) under this by-law shall be the Planning Board. Such Special Permit shall be granted if the SPGA determines that the intent of this by-law as well as its specific criteria are met. The SPGA shall not grant a Special Permit under this section unless the petitioner's application materials include, in the SPGA's opinion, sufficiently detailed information to support positive findings in relation to the If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] The Board of Appeals, In the Application Procedures for accessory apartments, the Board of Appeals is authorized as the special permit granting authority in West Boylston. " "[INST] Context: ion Commission in any proceeding authorized by G.L. c. 184, s. 33. In addition, the developer shall be responsible for the maintenance of all improvements to the land until such time as the homeowners' association is capable of assuming such responsibility, and/or the Town has accepted responsibility for rights-of-ways and any assigned easements. In order to assure that the association will properly maintain the land deeded to it under this section, the developer shall cause to be recorded at the Middlesex County Registry of Deeds, or other cognizant authority, a Declaration of Covenants and Restrictions that shall, at a minimum, provide the following: 1. Mandatory membership in an established homeowners' association as a requirement for ownership of any lot in the development. 2. Provision for maintenance assessments of all lots in order to ensure that the developed and open space land is maintained in a condition suitable for uses approved by the homeowners' association. Failure to pay such assessment shall create a lien on the property assessed, enforceable by either the homeowners' association or other owner of any lot. 3. Provisions, which so far as possible under the existing law, will ensure that the restrictions placed on the use of the developed and open space land will not terminate by operation of law or, that in the case of termination, that mandatory renewal of all restrictions shall occur automatically. 7.2.12 Decision. The Planning Board may impose additional conditions not inconsistent with this or other sections of the Zoning By-law. 7.3 CLUSTER DEVELOPMENT 7.3.1 Purpose. The purpose of cluster development is to: 1. allow more intensive screened use of separately owned lots by a building and its accessory structures together with preservation of common open space for scenic, agricultural, recreation, and conservation purposes, otherwise not provided by conventional subdivision plans; 2. preserve more greenery and woodlands through less disturbance, temperance of the a t, for review and concurrence by the Planning Board. 3. The total number of dwelling units shall not exceed that allowed by the following formula concurred with by the Planning Board: [Amended 5-5-2010 ATM, Art. 16] USABLE ACRES/MINIMUM LOT AREA = NUMBER OF CONDENSED SIZE LOTS WHERE USABLE ACRES = [TOTAL TRACT ACRES]-[20% EXCLUSION OF TRACT ACRES (streets, walks, easements, etc.)]-[50% TRACT ACRES FOR OPEN SPACE] No structure shall be built or used in a cluster development except in compliance with the use regulations of Section 3.1 [Principal Uses] and with the following dimensional regulations. Minimum Lot Area District,(square feet),Frontage,Front,Side,Rear RA,""15,000"",75,20,10,30 RB,N/A,N/A,N/A,N/A,N/A RM,N/A,N/A,N/A,N/A,N/A 4. Side and rear yard requirements shall apply only where the lot in the cluster development abuts non-cluster adjacent property, elsewhere side and rear yard requirements may be waived by the Planning Board. 5. Larger lot sizes may be required, as determined by the Planning Board with advisory by the Board of Health, where public sewerage is not available, and considering soil conditions, water table and slope conditions. 6. No lot shall have more than ten percent (10%) of its minimum lot area made up of wetlands and slopes greater than twenty-five percent (25%) in grade, singularly or combined. 7. Only single-family dwellings shall be allowed in cluster developments unless provisions of Subsection 7.3.7 are followed. 8. Buildings shall be oriented with respect to scenic vistas, natural landscape features, topography and natural drainage areas in accordance with criteria for site plan review of this 9.4. 9. New dwellings shall be grouped so that fields, pastures, woodlands, and road frontage remain as undeveloped as possible. To serve the purposes of this requirement, subdivision definitive plans shall depict the approximate location line of undisturbed woodlands and other greenery associated with separate building lots. 7.3.5 Open Space. All remain s of this requirement, subdivision definitive plans shall depict the approximate location line of undisturbed woodlands and other greenery associated with separate building lots. 7.3.5 Open Space. All remaining land in the cluster development not contained in building lots or within road rights-of-way shall be held for common use of the residents of the development and, in some circumstances, of the Town as open space and shall meet the following requirements: 1. All such open space parcels, together, shall equal not less than fifty percent (50%) of the overall tract area of the cluster development and shall have building coverage of not more than five percent (5%). 2. Each parcel of such open space or group of adjoining parcels shall be at least two (2) acres in area, have not less than twenty (20) feet frontage on a street and be of such shape and condition as to be useful for recreation or conservation purposes. No more than fifty percent (50%) of all common open space shall consist of wetlands and slopes greater than twenty-five percent (25%) in grade. 3. At least fifty percent (50%) of all lots in a cluster development having reduced lot area shall abut such open space parcels, and no lot having reduced lot area shall be more than eight hundred (800) feet via streets from such parcels, which may be waived by the Planning Board. 4. Desirable qualities of open space reservations are continuity of open space within the development and into existing or potential adjoining developments, protection of watercourses, wetlands, and other ecologically sensitive areas, configuration reflecting land forms and existing vegetative patterns and inclusion of open space to lots of reduced size. 7.3.6 Open Space Conveyance. Open space and such other facilities as may be held in common shall be conveyed to one of the following, as determined by the Planning Board, subject to the following guidelines. In general, valuable natural resource land such as wetlands not suitable for any public use or suitable ance assessments of all lots in order to ensure that the open land is maintained in a condition suitable for uses approved by the homeowners' association. Failure to pay such assessment shall create a lien on the property assessed, enforceable by either the homeowners' association or the owner of any lot. c. Provisions, which, so far as possible under the existing law, will ensure that the restrictions placed on the use of the open land will not terminate by operation of law or, that in the case of termination, that mandatory renewal of all restrictions shall occur automatically. 3. To the Town for a park or open space use, subject to the approval of the Board of Selectmen, with a deed restriction ensuring that it is maintained as open space. 4. To a trust or nonprofit organization for natural resources land or open land not suitable for public use. In the case of land that is to be maintained as active agricultural land, the land must be conveyed to a trust or nonprofit organization whose primary purpose is the preservation of farmland. 5. Subject to the above, the open space may be used for agricultural, conservation or recreational purposes including golf courses, riding trails, tennis courts, gardens, swimming pools and temporary structures. The Planning Board may permit open land of a homeowners' association to be used for individual septic systems or for communal septic systems if it and the Board of Health are convinced that proper legal safeguards exist for proper management of an association-owned system. 6. Prior to development or sale of any lot within a cluster development, all lots to be so developed shall be shown on a plan recorded in the Registry of Deeds or registered with the Land Court, and a covenant or other instrument satisfactory to the Planning Board shall have been executed assuring the open space or recreational use of lands so designated in the application. 7. The cluster development shall be so designed that internal access, drainage, utilities and grading shall or scenic, agricultural, recreation, and conservation purposes, otherwise not provided by conventional subdivision plans; 2. preserve more greenery and woodlands through less disturbance, temperance of the appearance of suburban sprawl associated with conventional subdivision development; and 3. promote less costly development and maintenance outlay. 7.3.2 Administration. The Planning Board may by special permit grant approval for the construction and occupancy of a cluster development, supplemented by appropriate amenities as agreed to by the owner, on a parcel of land in excess of five (5) contiguous acres located in a Residential Districts. Such cluster development shall also require approval under the Subdivision Rules and Regulations of the Planning Board. 7.3.3 Application Procedure. To promote better communication and avoid misunderstanding, applicants are encouraged to submit preliminary proposals and plans for informal review prior to formal application. The following submission is required. 1. Applicants for a cluster development shall submit to the Planning Board six (6) copies of a completed application and ten (10) copies of a plan meeting the specifications for a preliminary plan as established by the Subdivision Regulations adopted by the Ashland Planning Board. Said plan shall also indicate proposed building uses, building locations and development schedule and shall have been prepared by a landscape or registered architect, or civil engineer. Submitted application materials shall also indicate the applicant's legal interest in the land to be developed, the form of organization to be proposed to own and maintain the common land, the substance of covenants and grants of easements to be imposed upon the use of land and structures and the development schedule. 2. At least four (4) copies of a site analysis shall be submitted, consisting of one (1) transparent copy of the above plan, and a series of site analysis drawings at the same scale, each on a separate sheet, indicating Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by right? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] No, The Planning Board may by special permit grant approval for the construction and occupancy of a cluster development. It is not allowed by right. " "[INST] Context: all apply to MULTI-FAMILY housing in the Village Residential District: 4.13.3.1. Multi-family dwellings shall not exceed eight units per acre unless the applicant proposes and the Planning Board approves a higher percentage of affordable housing units than the percentage achieved under Section the 20% minimum set forth in Section 4.13.1. In- no event shall the Planning Board issue a SPECIAL PERMIT for more than ten units per acre. 4.13.3.2. A MULTI-FAMILY development shall provide a mix of one-, two-, and three-bedroom units, except that no more than ten percent of the units in a MULTI-FAMILY development shall be three-bedroom units. 4.13.3.3. A MULTI-FAMILY building shall contain no more than eight units, and shall not exceed a building height of 35 feet and two and one half stories. 4.13.4. Multi-family housing STRUCTURES shall avoid monotonous, look alike designs and promote high standards of exterior quality and appearance. 4.13.5. Off-Street Parking. Applicants shall provide 1.5 parking spaces per one-bedroom unit and 2 parking spaces. per two- or three-bedroom unit. At least one space per unit shall be located so as to provide convenient access to its assigned dwelling unit. Parking garages will be permitted as a parking space if located and designed so as to complement the building design and site layout. 4.13.6. Setbacks. All buildings must be located at least 25 feet from any side or rear LOT line and 25 feet from any established street layout or, where applicable, any defined street line of a public road; which street setback area shall be undeveloped and/or landscaped. 4.13.6.1. Upon a finding by the Planning Board that a setback of lesser width would be sufficient to screen and/or separate the development from adjacent property, the setback may be reduced. The Board may require no-cut easements, conservation restrictions or the like where the setback has been reduced. 4.13.6.2. The Planning Board may also reduce the setback for MULTIFAMILY development of five or fewer units if the building is architectura duced FRONTAGE LOT created by SPECIAL PERMIT from the Planning Board shall not be further subdivided, or reduced in area, or changed in size or shape. The Planning Board shall require deed restrictions to assure these requirements. 12.7.10. Irregular lot shapes are permitted in an SACD when, in the opinion of the Planning Board, they further the purposes of the bylaw. 12.7.11. The Planning Board may authorize a reduction in side and rear yard setbacks on SACD reduced frontage lots when a reduction furthers the purposes of this Bylaw. 12.7.12. Except as provided in this Bylaw, any LOT in an SACD shall comply with any other dimensional requirements of the Agricultural Residential District. 12.8. Special Permits for Small-Area Cluster Development 12.8.1. The SPECIAL PERMIT Granting Authority (SPGA) for Small Area Cluster Development in the Rural-Agricultural Overlay District shall be the Planning Board. 12.8.2. The requirements for a SPECIAL PERMIT application for a Small-Area Cluster Development shall include the requirements for a SPECIAL PERMIT application in the Agricultural Residential District under Section 6.7 of this Bylaw, and the Small-Area Cluster Development Submission Requirements and Procedures adopted by the Planning Board and on file with the Town Clerk. After adoption of this Bylaw, the Planning Board shall prepare and adopt Small Area Cluster Development Submission Requirements and Procedures following a public hearing. 12.8.3. Special Permit Granting Criteria. The Planning Board may approve a SPECIAL PERMIT for an SACD upon finding that the application complies with the purposes of this Bylaw. In making its decision, the Planning Board shall consider the following criteria: 12.8.3.1. Consistency with the Merrimac Master Plan. 12.8.3.2. Consistency with Design Standards for the Agricultural Residential District in Section 6.10 of this Bylaw. 12.8.3.3. Consistency with Use, Dimensional and Design Standards for Small Area Cluster Development in Section 12.7 of this Bylaw. 12.8.3.4. Protection o adjoining premises against detrimental or offensive uses on the site. 12.8.3.5. The degree to which the proposed SACD protects open space, farmland and historic resources along a designated rural corridor. 12.8.3.6. The degree to SE development and contribute to the MIXED-USE character of the district as a whole. To qualify for a MULTI-FAMILY housing SPECIAL PERMIT, the applicant must integrate dwelling units with a proposed commercial development. Integration may be achieved by one or both of the following methods: 9.10.1.1. Locating units above the ground floor of a commercial building, i.e., an accessory dwelling in a structure occupied principally for commercial uses. 9.10.1.2. Constructing ""free-standing"" or separate MULTI-FAMILY buildings on the same lot, provided they are located behind a commercial development that is oriented toward Route 110 and are connected to the commercial development by pedestrian walkways, appropriate landscaping, lighting and other elements of the site plan. 9.10.1.3. The Town strongly prefers that some of units be located above the ground floor of one or more commercial buildings in a development, and the Planning Board may require the same as a condition of SPECIAL PERMIT approval. 9.10.2. The following density and dimensional rules shall apply to MULTI-FAMILY housing: 9.10.2.1. No more than 60% of the GROSS FLOOR AREA of a proposed MIXED-USE development shall be used for MULTI-FAMILY dwelling units. 9.10.2.2. Multi-Family dwellings shall not exceed six units or twelve bedrooms per acre. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held 4/30/07. 9.10.2.3. A building designed exclusively for MULTI-FAMILY use shall contain no more than six units, and shall not exceed a building height of 35 feet and two and one half stories. 9.10.2.4. Buildings designed exclusively for MULTI-FAMILY housing shall avoid monotonous, look-alike designs and promote high standards of exterior quality and appearance. 9.10.3. Parking. Applicants shall provide 1.5 parking spaces per one-bedroom unit and 2 parking spaces per two- or three-bedroom unit. At least one space per unit shall be located so as to provide convenient access to its assigned dwelling unit. Parking garages will be permitted as a parking space if located and designed so as to complement the building design and site layout. 9.10.4. Setbacks. All buildings must be located at least 50 feet from any side or rear LOT ARTICLE 15. OPEN SPACE-RESIDENTIAL DEVELOPMENT 15.1. Purposes and Intent. The purposes of the Open Space-Residential Development (OSRD) bylaw are to preserve open space in perpetuity, protect natural resources, wildlife habitat and farmland, encourage residential development that is of superior design to conventional subdivisions, provide housing alternatives that are suitably designed for and attractive to older households, avoid sprawl and achieve more efficient use of land, thereby helping to reduce the negative fiscal impacts of conventional development. 15.2. Applicability. The Planning Board may grant a SPECIAL PERMIT for an OSRD in the Agricultural Residential District on a parcel or contiguous parcels of land with at least ten (10) acres of land area. Existing public and private WAYS need not constitute boundaries of the tract, but the area within such WAYS shall not be counted in determining parcel or tract size. 15.3. Permitted Uses. An OSRD may include the following uses: 15.3.1. SINGLE-FAMILY DWELLINGS. 15.3.2. Attached or common-wall units, not to exceed four units in a single building, restricted for occupancy by over-55 households. 15.3.3. AGRICULTURE and horticulture. 15.3.4. Open space. 15.3.5. Passive recreation, including but not limited to trails for walking, hiking and horseback riding, and areas for wildlife observation. 15.3.6. Accessory recreational uses, such as a tennis court or playground. 15.4. Relationship to Subdivision Control. A subdivision plan is not required for an OSRD, but an applicant who proposes a subdivision plan shall submit the same to the Planning Board in accordance with the Planning Board's Subdivision Rules and Regulations. 15.5. Cul-de-sac streets. An OSRD may contain cul-de-sac streets as defined in and regulated by the Planning Board's Subdivision Regulations. However, an OSRD may have cul-de-sac streets up to a linear distance of 1,000 feet. 15.6. Future Subdivision. No LOT shown on a plan for which an OSRD SPECIAL PERMIT is granted may be furt s of a philanthropic or charitable character, nursing homes, acute care and rehabilitation facilities. 5.5. Prohibited Uses. 5.5.1. Use of a MOBILE HOME on a residential LOT. 5.5.2. Parks for MOBILE HOMES. 5.5.3. Outdoor storage of more than one unregistered motor vehicle for more than ninety days, except on a farm. 5.5.4. Auto dismantling, junkyards, privately developed and operated septage waste disposal/treatment facilities and refuse disposal facilities are expressly prohibited. 5.5.5. Any use not explicitly provided for in this Bylaw. 5.6. Dimensional, Setback and Intensity Regulations. No building or STRUCTURE shall be located, constructed, changed, enlarged or permitted and no use of premises in the Suburban Residential District shall be permitted except in conformity to the intensity and dimensional regulations as set forth herein. If a LOT is determined by the rules of Article 14 to be within a Water Resources Protection Overlay District, then the more restrictive regulations of Article 14 shall prevail. 5.6.1. Minimum LOT AREA: 43,560 square feet (ft) 5.6.2. Minimum FRONTAGE: 150 feet 5.6.3. Lot Width: 100 feet 5.6.4. Maximum Building Height (Feet): 35 feet 5.6.5. Maximum Building Height (Stories): 2'/2 stories 5.6.6. Maximum LOT COVERAGE: 20% 5.6.7. Minimum Front Yard Setback: 20 feet 5.6.8. Minimum Side Yard Setback: 20 feet 5.6.9. Minimum Rear Yard Setback: 20 feet 5.7. Special Permits in the Suburban Residential District. 5.7.1. The SPECIAL PERMIT Granting Authority (SPGA) for uses and STRUCTURES in the Suburban Residential District shall be the Planning Board. 5.7.2. Requirements. An application for a SPECIAL PERMIT in the Suburban Residential District shall include a written description of the proposal for which a SPECIAL PERMIT is requested and a Site Plan prepared by a Registered Professional Engineer and/or Registered Land Surveyor at an appropriate scale to clearly show dimensions, l Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by right? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] No, The SPECIAL PERMIT Granting Authority (SPGA) for Small Area Cluster Development and Open Space Residential Districts in the Rural-Agricultural Overlay District shall be the Planning Board. They are not allowed by right. " "[INST] Context: reet other than a street created by the OSRD; provided, however, that the Planning Board may waive this requirement where it is determined that such reduced lot(s) will further the goals of this By-Law; (b) At least 50% of the required setbacks for the district shall be maintained in the OSRD unless a reduction is otherwise authorized by the Planning Board. Where structures containing three to four dwelling units are being proposed, the side lot lines between units may be 0 feet, however the distance between structures shall be a minimum of 20 feet; (c)Minimum Frontage: The minimum frontage may be reduced from the frontage otherwise required in the zoning district; provided, however, that no lot shall have less than 50 feet of frontage; (d) Setbacks: Every dwelling fronting on the proposed roadways shall be set back a minimum of 20 feet from the roadway right-of-way, and 10 feet from any rear or side lot line. In the event that dwellings are located on exclusive use areas or contain no interior lot lines, a minimum distance of 20 feet between single and two-family dwellings shall be required. (11) Increases in permissible density. The Planning Board may award a density bonus to increase the number of dwelling units beyond the Basic Maximum Number. The density bonus for the OSRD shall not, in the aggregate, exceed fifty percent (50%) of the Basic Maximum Number. Computations shall be rounded to the lowest number. A density bonus may be awarded in the following circumstances: (a) For each additional ten percent (10%) of the site (over and above the required 50%) set aside as open space, a bonus of one additional unit or five percent (5%) of the Basic Maximum Number, whichever is greater, may be awarded. (b) For every one (1) dwelling unit restricted to occupancy for a period in perpetuity by persons or families who qualify as low or moderate income, two (2) dwelling units may be added as a density bonus for each low income unit, one (1) dwelling unit as a bonus for each moderate income unit. (c) For every historic structure preserved and subject to a historic preservation restriction, one (1) dwelling unit m Subsection A above and upon which one single one family residence and such structures normally accessory to such single one family residence exist as of the date of the enactment of Subsection B shall nevertheless be deemed to comply with the provisions of the Zoning By-Laws so long as such single one family residence remains on such lot. E. Residential Limited Business. (1) Allowed Uses: (a) Limited business; (b) Single and two family residences; (c) Agricultural use; (d) Customary home occupation as provided for in section 97-10C; (e) Church or other religious purpose; (f) Educational purpose which is non-profit or public; (g) Uses customarily accessory to allowed uses. (2) Prohibited Uses: (a) Any use not herein expressly allowed shall be prohibited. (3) Uses By Special Permit: (a) In appropriate cases and subject to appropriate conditions, safeguards and limitations on time or use, the Selectmen may grant an applicant a special permit to make use of the land or erect and maintain buildings or other structures thereon in accordance with the provisions of Chapter 40A of General Laws, if such use, buildings or other structures are in harmony with the general purpose and intent of this By-Law and with the provisions stipulated in § 97-10.C(1) (c) (d) & (e) for the purpose of municipal uses; A library; a nursing or rest home; a hospital; a private club; or a doctor's, lawyer's, or similar professional office; provided the Selectmen find, after a Public Hearing of which due notice is given to any party in interest as defined in Section 11, of Chapter 40A of the General Laws, that the proposed use, building or structure is for the best interest of the Town, is not injurious or obnoxious to the neighboring properties, will satisfy a community need or convenience not otherwise being served, will not affect abutting and nearby properties by increasing traffic and on-street parking, and that nothing connected with the use, buildings or structure, such as machinery, vehicles, material, supplies, equipment and waste materials shall be stored between the stre The Planning Board shall act as the Special Permit Granting Authority for OSRD applications. The Planning Board may adopt, and from time to time amend, Rules and Regulations consistent with the provisions of this By-Law and G.L.c.40A and other provisions of the General Laws, and shall file a copy of said Rules and Regulations with the Town Clerk. (4)Applicability. (a) Any subdivision of land or development that will create more than four lots or units shall submit an application for OSRD to the Planning Board. The applicant shall have the option of development under the subdivision process as found in Chapter 117, Planning Board's Rules and Regulations for the Subdivision of Land, or under the OSRD. (b) Contiguous Parcels. To be eligible for consideration as an OSRD, the tract shall consist of a parcel or set of contiguous parcels. (c)Land Division. To be eligible for consideration as an OSRD, the tract may be a subdivision, provided, however, that an OSRD may also be permitted where intended as a condominium on land not so divided or subdivided. (5) Special permit required. The Planning Board may authorize an OSRD pursuant to the grant of a special permit. Such special permits shall be acted upon in accordance with the following provisions. (6) Segmentation. It is the intent of this By-Law to prohibit the subdivision or phasing of development which is planned in order to avoid the application of this section. It shall be presumed that the land held in common ownership at the time of enactment of this By-Law should be included for the purposes of calculating the number of lots. It shall also be presumed that phased development of land held in common ownership shall be considered in its totality rather than as separate projects. These presumptions are rebuttable only upon credible evidence to the contrary. Where division of land appears to be phased, a covenant may be placed upon the remaining land requiring compliance with this By-Law. (7) Application Procedure and Requirements. Applicants shall submit applications for an OSRD special permit in accordance with the Rules and Regulations Governing Open Spa ARTICLE V SPECIAL PERMITS GENERAL § 97-5. Special Permits General. A. General. (1) Certain uses are allowed only by Special Permit. The specific requirements for each special permit are described here below. B. Bed and Breakfast. (1) Requirements. After an initial Public Hearing and with a special permit granted from the Board of Selectmen, to be renewed annually, an owner-occupied and operated dwelling of residential character may be used as a Bed and Breakfast for the lodging of overnight guests provided such dwelling and the operation thereof meets all of the following conditions: (a) Said Bed and Breakfast shall not have more than four bedrooms (excluding the owner's private quarters). (b) Guest rooms shall contain no individual cooking facilities. (c) Breakfast may be provided to guests from a central kitchen and shall be limited to those who are permanent residents and paying overnight guests. (d) The use of said Bed and Breakfast shall be clearly incidental to the primary residential use of the dwelling. (2) The purpose of this By-Law is to allow the use of larger homes as a Bed and Breakfast, but the intent is not to allow structural or appearance changes to facilitate this use. (3) The applicant must demonstrate that no visible exterior alterations will occur: that adequate parking can be provided: and that the structure and use conform to all pertinent Board of Health and Board of Fire Engineers Regulations, and to the Regulations of any other body that may have jurisdiction C. Open Space Residential Development. (1)Purpose and intent. (a)The Primary Purposes for the Open Space Residential Development (OSRD) By-Law are the following: 1) To allow for greater flexibility and creativity in the design of residential developments; 2) To encourage the permanent preservation of open space, agricultural land, forestry land, wildlife habitat, other natural resources including aquifers, waterbodies and wetlands, and historical and archaeological resources in a manner that is consistent with Newbury's open space plan; 3) To encourage a less sprawl r exceptions regarding the land or any structures thereon; I. Location of all known existing structures, both above and below ground, including but not limited to, buildings, wells, septic systems, cisterns, and cesspools, systems on the lot(s) or parcels including all required setback dimensions; J. References to all deeds and plans of record used to establish the property lines of the lot(s) or parcels and of the streets, ways and easements shown on the plan, including deed references to abutting lots; K. A north arrow shall be clearly marked and identified as to whether it is magnetic or true north or referenced to a record plan and so stated; L. Evidence that each lot on the plan, or altered by it, meets one of the following criteria: (1) Has all the frontage owned by the applicant and not by way of an easement in part or in whole required under zoning on: (a) A public way; or (b) A way which the Town Clerk certifies is maintained and used as a public way; or (c) A way shown on a plan previously approved and endorsed by the Planning Board in accordance with the subdivision control law; or [Amended 6-2-2004] (d) A way existing before December 14, 1966 which the Board finds adequate for the way's proposed use; or (e) A way shown on a plan of a subdivision registered in the Land Court prior to December 14, 1966; or (2) Has clearly marked on the plan to be joined to and made a part of an adjacent lot. (3) Contains a building which existed prior to December 14, 1966; or (4) Constitutes an existing parcel with no new lot divisions. M. Representation of any geographic features on the ground that might restrict or prohibit access to a lot, or might affect its viability as a building lot; for example, but not limited to, existing right-of-ways and easements, water courses, wetlands, streams, brooks, waterbodies, Areas of Cri Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by right? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] No, Open Space Residential Developments require approval of the Planning Board in Newbury via special permit. " "[INST] Context: nd/or restriction and such easements and/or restrictions to the Town allowing the Town to control all building rights in the area. Such restrictions shall be for the benefit of and enforceable by the Town. 5. The applicant shall submit a plan for maintenance of the open space area. The plan must be approved by the Planning Board. 6. The applicant shall give evidence that a functional relationship exists between the open land and the proposed clusters. Such land shall be of such size, shape, dimension, character and location as to assure its utility for park, conservation or recreation purposes. 7. Open space shall be restricted to recreational uses such as parks, playgrounds and conservation areas and shall not be built upon except as approved by the Planning Board. Only structures incidental to recreation, conservation or parks shall be allowed subject to approval by the Planning Board. TOWNHOUSE OR ROWHOUSE STRUCTURES 1. Not more than four (4) attached townhouse units shall be built in a row with the same or approximately the same, front building line. No row of attached units shall contain more than (six) 6 units. MULTI-FAMILY DWELLINGS 1. Except as modified by this article, all multi-family dwellings in a Cluster Development shall conform to the standards and restrictions set forth in the Zoning By-law. OFF STREET PARKING 1. Facilities for off-street parking shall be provided in conformance with Article V11 of the Zoning By-law. SIGNS 1. Signs erected, installed or displayed in a Cluster Development shall be in conformance with Article VIII of the Zoning By-law. ADMINISTRATION AND ENFORCEMENT 1. Cluster Development is allowed in certain zoning districts by special permit only. Guidelines for submission and approval of special permit applications shall be followed by the Planning Board in reviewing Cluster Development proposals. 2. In addition to the information required on all special permit applications, Cluster Development proposals shall contain documentation relevant to the specific requirements of this Article. Additional information which the Planning Board may require for the consideration of the above cluster regulations shall be provi uilding site area if the maximum number of allowable units are proposed. The area allocated to buildings, streets, parking and storage area may be reduced from 50% of total building site area in a ratio equivalent to the proportion of units proposed to the maximum number of units possible. 5. Within Cluster Development, which have individual lots, the Planning Board shall establish reasonable setbacks for buildings and accessory units. 6. For the purposes of conventional development plans showing multi-family or duplex lots, the required frontage shall be 200 feet. 7. Within Townhouse or Rowhouse Developments without individual lots, the minimum distance between buildings shall be 50 feet. Minimum setbacks of all buildings from the street shall be 30 feet. 8. All lots fronting on an existing Town way shall maintain the frontage required in conventional zones. 9. Not more than 100 linear feet of any right-of-way strip associated with a drive may be used in computing the minimum square footage of any lot. **Webmasters Note: Subsection 10. has been deleted as per an update approved at a town meeting held on 5/9/05. OPEN SPACE AREAS 1. In any Cluster Development, at least 35% of the buildable area used in calculating the permitted density shall be set aside as open space. This area shall not include wetlands, ponds, marshes or other protected natural area. Although this shall not prevent these areas from being added to the 35% minimum open space. 2. All open space areas shall have dry access to the street suitable for use by maintenance and emergency vehicles. 3. Parking areas, streets or other areas associated with the residential development shall not be included in the open space area. 4. Ownership of the open space area shall be as described in MGL Chapter 40A with the Planning Board having final approval of ownership method. In the event that the open space area is conveyed to a homeowners association, the association must grant an easement and/or restriction and such easements and/or restrictions to the Town allowing the Town to control all building rights in the area. Such restrictions shall be for the benefit of and enforceable by the Town. development shall retain rights in and maintenance responsibility for the ways and language will be required to be placed in the applicable deeds, to run with the land, as follows: 1) assigning the owners of the lots within the cluster development the retention of rights in and maintenance responsibility for the ways, drainage system, and the ""common areas"" of the development, 2) assigning to the owners of certain lots the responsibility for maintaining the landscaped island in a turnaround, 3) assigning to the owners of lots the responsibility for maintaining the street trees, or other landscape features, in the way adjacent to their respective lots, and 4) assigning to the owners of certain lots the responsibility for maintaining other improvements within the subdivision. c. Other maintenance arrangement meeting the approval of the Planning Board. ""Private"" ways are ways which shall never presented to Town Meeting for acceptance. Ways approved as ""private"" may not be proposed for acceptance as a public way unless a subdivision plan is approved for the ways and the ways are rebuilt to the construction standards and requirements complying with the Town of Norton Subdivision Rules and Regulations in force at the time of acceptance. The Board shall require easements within the cluster development to enable the Town to access drainage facilities in the event of a storm or emergency. 9.7 Submission standards The following minimum materials shall be submitted for cluster developments. a. To determine the number of lots in a conventional subdivision to establish permitted number of dwelling units: a plan fulfilling the requirements of a ""Preliminary Plan"" as listed in section 3 of these regulations, including the additional material [a. a written list of all waivers, citing the specific provisions of the Subdivision Rules and Regulations that the applicant believes are needed for feet per unit; within Zone III the minimum lot area for residential and non-residential use shall be 60,000 square feet per unit except that in the Village Commercial zoning district the minimum lot area for residential and commercial uses shall be as per the dimensional requirements of the Village Commercial district. b. No existing lot used for multi-family dwellings shall be changed in size so as to result in a violation of the requirements of this Section. c. Lots may be reduced through the Residential Cluster Development Special Permit process (Section 6.8 43), provided that the provisions of Section 6.8 #2, as amended in Article 23, Norton Town Meeting of 5/2/88, are met. 6.8 RESIDENTIAL CLUSTER DEVELOPMENT REGULATIONS a. Single-family, duplex, and multi-family Cluster Development may be allowed by a special permit in Zoning District specified in Table 4.2. b. In order to encourage better site planning in the placement of buildings and improvements, the Planning Board may allow more than one building to be located on a single lot. DIMENSIONAL REQUIREMENTS 1. The site proposed for Cluster Development shall be not less than ten acres for Single-family, fifteen acres for duplex and twenty acres for Multi-family in area and shall be under a single owner or a group of owners acting jointly. 2. No site shall be developed in a manner which would result in a greater number of dwelling units being constructed in a Cluster Development than would be permitted in a conventional single family development on the same site. 3. In Cluster Development made up of individual lots, each lot may be reduced in size up to 50% from the minimum size allowed in the zoning district in which the site is located. Where on-site sewage disposal is required, a minimum lot area of 40,000 square feet shall be required. 4. The Townhouse or Rowhouse Development without individual lots, the area allocated to buildings, streets, parking and storage areas shall not exceed 50% of the building site area if the maximum number of allowable units are proposed. The area allocated to buildings, streets, parking and storage area may be reduced from 50% of total building site area in a ratio equival ARTICLE IX - COORDINATION BETWEEN SUBDIVISION RULES AND REGULATIONS AND CLUSTER DEVELOPMENT PROVISIONS The Goals enumerated at various points within the Subdivision Rules and Regulations apply to cluster developments as well. 9.1. Street standards The street specification of section 5 of these Regulations shall be the minimums required for a cluster development. The Board may, based on the location, density of development, general character of the vicinity, and other factors, allow significant variations from these specifications. Applicants may request that the Board consider changes from these specifications. In cluster developments, the Board shall require that the ways remain ""private"", particularly in the instance that construction specifications are substantially less demanding than these regulations. 9.2 Drainage Only in the most exceptional circumstances will reductions in drainage standards and specifications be permitted. 9.3 Street names and signs The Board reserves the rights to name ways within cluster developments, honoring early settlers in the vicinity of the development, veterans of the Revolutionary or Civil War eras, or other notable early Norton citizens. Street names and the name of the cluster development shall not be similar to existing names to eliminate possible confusion in emergencies. Street signs and signs for the safety of the public shall be installed to the specification of the Highway Department at the expense of the developer. These signs shall be installed to the specification of the Highway Department within sixty days after the issuance of the first occupancy permit on the way. The cluster development as a whole may be identified with a sign conforming to the Sign Bylaw of the Town of Norton at a location approved by the Board. 9.4 Landscaping Landscaping shall meet or exceed the minimums contained in these regulations. The Board encourages the pres Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by right? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] No, Cluster Development is allowed in certain zoning districts by special permit only in Norton. " "[INST] Context: or both, than normally required. For this purpose, a cluster development is a division of not less than five (5) acres of land into lots used, or available for use as building sites, where said lots are clustered together and where there is provision of open space in common or public ownership. The planning board shall be the special permit granting authority for the cluster permit (b) Purpose: The purposes of this provision of the ordinance allowing cluster developments are as follows: (1) To promote efficient subdivision of land, in harmony with its natural features and with minimal excavation and earth removal activities. (2) To preserve in their unaltered state unique or unusual natural features of the land to be developed especially where such features are not afforded protection under some other local, state or federal regulation or private deed restriction. Such natural features include but are not limited to: Science vistas and scenic road views; woodlands and site vegetation, especially where such natural vegetative cover serves to buffer new developments from established neighborhoods; slopes over fifteen (15) percent and rock outcroppings; natural drainageways, stream banks, wetlands, and floodplains; aquifer recharge areas for public or private water supplies; wildlife habitat and vegetation, especially of rare or endangered species. (3) To provide suitable open space and facilities for active or passive recreation. (4) To provide open space as a buffer, where desirable and appropriate, between new developments and established neighboring uses. (5) To promote affordable housing in the city. (c) Minimum requirements: Such a cluster development containing lots with less than the minimum area or frontage or both may be permitted provided that: (1) Maximum number of lots in a cluster development shall be determined by taking total land area of the subdivision, exclusive of existing and proposed roads and other land areas not available to the developer for building because of local, state, or federal t a scale of not less than forty (40) feet to an inch and shall include as necessary or applicable for each special permit use the following: (a) The extent of the site with all lot lines identified by metes and bounds; (b) Names of owners and abutters as shown on most recent real estate tax list (c) Sizes and locations of existing and proposed structures and any adjacent structures within fifty (50) feet of the site and including proposed structures and any adjacent structures within fifty (50) feet of the site and including proposed type of construction and proposed building materials; (d) Existing and proposed contours at two-foot intervals; (e) Number and location of proposed parking spaces; (f) Sizes and locations of water, sewerage and drainage systems; (g) Driveways and vehicular circulation providing access to and egress from the site; (h) Walks and recreation, open space and conservation areas; (i) Land uses, both existing and proposed; (j) Landscaping and site development details including walls, fences, outdoor lighting and ground surface materials; (k) Bounding streets and any unused or unique natural features of public areas in the immediate vicinity; and (l) If an applicant or predecessor in title has previously filed a site plan with the permit granting authority regarding the subject parcel of land and/or building and use, no additional site plan shall be filed in the event the application refers only to a change in use. (Ord. of 5-104, §§ 19-21) 4.4.3 Reserved. 4.4.4 Cluster development requirements. (a) Definition: Single detached one-family dwellings may be constructed on certain lots in a cluster development in the following zones: R 1, R 1A, R 113, R 2, R-3, and R-4 as hereinafter defined and limited, although such lots have less area or frontage, or both, than normally required. For this purpose, a cluster development is a division of not less than five (5) acres of land into lots used, or available for use as building sites, where said lots are cluste nt can be built. (f) [Permit, authorization.] A special permit for a cluster development issued hereunder by the special permit granting authority is an authorization for the use of lots which have less than the normal minimum area or frontage or both. (Ord. of 5-10-84, § 24; Ord. of 8-25-88, § 1) 4.4.5 Public housing/low-moderate income requirements. (a) There shall be a minimum lot area of eight thousand (8,000) square feet for each public housing/low-moderate income site. (b) The minimum area of land required per dwelling unit in each of the districts of the city in which a special permit may be granted shall be as follows: Residence District,Land Area Required Per One or Two Bedroom Dwelling Unit,Land Area Required Per Three or More Bedroom Dwelling Unit Residence R-1,""4,500 square feet"",""5,250 square feet"" Residence R-1A,""4,500 square feet"",""5,250 square feet"" Residence R-2,""3,000 square feet"",""3,700 square feet"" Residence R-3,""3,000 square feet"",""3,700 square feet"" All other zoning districts are to be the same as Residence R-3. The bedroom distribution of a public housing/low-moderate income development shall be determined by the Peabody Housing Authority and shall be that which is most compatible with the surrounding neighborhood and best meets the needs of the city at that location. (c) There shall be a minimum street frontage of seventy-five (75) feet per development. (d) In residence, R1, R 1A, R 2, R 5 and PRD districts, the maximum lot coverage shall not exceed thirty-five (35) percent of the total land area. In residence R 3 and R4 and in Business Districts the maximum lot coverage shall not exceed fifty (50) percent of the total land area. (Ord. No. 10-11-84, § 11) (e) Not less than thirty (30) percent of the land area in a single development shall be free from structures, streets, parking areas, drives, walkways and other constructed approach or service areas and shall be attractively landscaped and maintained. The landscape requirements of section 6.5.5 (b) shall govern projects approved und age, public access, quality and other pertinent site characteristics. (5) The need for preservation of open space for scenic value shall be determined by the special permit granting authority based on its knowledge of the site of the proposed cluster development and comments received by the authority during the plan review and public hearing process. The suitability of common land intended for scenic value shall be determined by the following criteria a. Its visibility from a significant number of buildings or length of private or public streets; or b. The vistas such common land affords of significant or unusual: 1. Landforms, 2. City scopes, 3. Historical sites, or 4. Buildings. The special permit granting authority may impose restrictive covenants protecting such scenic areas or allowing access to such areas. (6) The need for provisions of common land to act as an open space buffer, insulating existing developments from the cluster development shall be determined by the special permit granting authority based on the purposes of this ordinance and upon its knowledge of the site and comments received during the plan review and public hearing process. The suitability of common land intended for such buffers shall be determined by the special permit granting authority based on its consideration of a variety of factors, including: a. The viewing distance and slope between the new buildings of the proposed cluster and the existing buildings of abutting properties; and b. The width and quality o f intervening buffer land; and c. The height of post development trees, shrubs, fences or other man-made screens all as proposed by the developer or as may be required by the special permit granting authority. (e) Application requirements: Applications for special permits for clusters shall include, in addition to all the data listed as (a) through (1) and information required under section 4.4.2, the following: (1) Wetland areas; (2) Lands included in the wetlands /floodplain conservancy district as defined in 4.4.3 of this ordi . (7) All common land hereunder shall be held in common ownership by the owners of lots within the development. In the case of ownership by a separate legal entity, the developer shall include in the deed to the owners beneficial rights in said common land. Maintenance shall be the responsibility of the owners. A permanent conservation easement shall be conveyed to the City of Peabody prohibiting development of said common land and the erection thereof any structures other than for the noncommercial, recreational use of the residents of the cluster development All common or public open space land shall have adequate access to a public way. (d) Review criteria: In reviewing the application for a special permit for a cluster development, the special permit granting authority shall consider the following in its decision. (1) The extent to which the plan for the cluster development is consistent with the purposes of this section of the ordinance. (2) The extent to which unique or environmentally important features of the development site, especially those not afforded protection under some other local, state or federal regulation as set forth in subsection 4.4.4 (b) (2) of this ordinance, have been adequately described in the site plan submitted with the special permit application and have been incorporated, to the maximum extent feasible, as permanent open space of the cluster. (3) Individual lots, buildings, and streets are designed and situated to minimize alteration of the natural site features and the need for excavation, cut and fill, or other types of earth moving operations. (4) That the location and quantity of any portion of the common land intended for active or passive recreational uses, as those uses may be set forth by the special permit granting authority, is adequate in terms of size, topography, drainage, public access, quality and other pertinent site characteristics. (5) The need for preservation of open space for scenic value shall be determined by the special permit granting authority based on its Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by right? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] No, The planning board shall be the special permit granting authority for the cluster permit in Peabody. They are not allowed as of right. " "[INST] Context: the site's perimeter, and may be in more than one (1) parcel, provided that the size, shape and location of such parcels are suitable for the designated uses. Contiguous shall be defined as being connected. Open space will still be considered connected if it is separated by a roadway or accessory amenity. Ownership and Management of the Open Space. The land set aside as common open land shall be owned and/or managed by one (1) of the following arrangements, as shall be determined by the Planning Board: Conveyed to an association, corporation or trust owned or to be owned by the owners of lots within the development. If such association is utilized, ownership thereof shall pass with conveyances of the lots in perpetuity. Conveyed to the town, at no cost, and accepted by it for park or open space use. Such conveyance shall be at the option of the town and shall require the acceptance of the land by the Conservation Commission and the approval of the Board of Selectmen. Conveyed to a nonprofit organization, the principal purpose of which is the conservation or preservation of open space. In any case where such land is not conveyed to the town, a conservation restriction, enforceable by the town under MGL Ch. 184, Sections 31-33, shall be required ensuring that such land shall be kept in an open or natural state and not be built upon for residential use or developed for uses such as parking or roadways. Such restrictions shall further provide for maintenance for the common land in a manner which will ensure its suitability for its function, the appearance, cleanliness, proper maintenance of drainage utilities and the like, and empower the town to perform maintenance in the event of failure to comply with the program, and including a provision that the owners of lots or units within the cluster development shall pay the cost thereof and that the cost shall constitute a lien upon their properties until said cost has been paid. This restriction shall be recorded within sixty (60) days of the granting of the special perm to approve any related plan for subdivision, nor reduce any time periods for Board consideration under the law. However, in order to facilitate processing, the Planning Board may, insofar as practical under existing law, accept a combined plan and application which shall satisfy both this section and the Board's regulations under the Subdivision Control Act. 7350. Conditions. Where a special permit for multifamily residential development is granted which is not subject to subdivision control, the Planning Board shall impose all or such part of its subdivision control requirements as it deems advisable as conditions upon its permit, including but not limited to the construction of roads and driveways, drainage facilities and other facilities and utilities, and shall require a bond or covenant in the manner prescribed in the subdivision regulations to secure performance of the entire plan for multifamily residential development as approved for special permit. 7400. TRAILERS 7410. General No person shall use or permit to be used for dwelling purposes within the town any trailer or similar mobile equipment, whether registered or unregistered, mobile or immobile, except that mobile trailers may be used for temporary dwelling purposes, provided that such use is licensed by the Selectmen, said license to be applied for by the occupant within three days after the unit is located in the town and with no license granted hereunder to be for a period exceeding six calendar months. 7420. Preexisting Trailers. The above restrictions shall not apply to trailers which are presently or are hereafter placed in any trailer park already in existence in the town or to any existing trailer presently being used for dwelling purposes, which trailers shall be subject to and limited by licenses, if any, presently in effect. 7421. Such trailers may be replaced by a trailer not more than 20% larger in volume than the lawfully preexisting trailer. 7500. REAR LOTS 7510. General In a Rural, Town Suburban or Recreational Residential District, a building and occupancy permit for one (1) single family dwelling unit may be issued notwithstanding the minimum frontage requirements set forth in Section 4000, subject to erell Comprehensive Plan and Open Space and Recreation Plan, all major subdivisions (those creating 5 (five) or more lots or residential units) and multi-family special permit developments shall be presented to the Planning Board as Open Space Residential Developments in compliance with the provisions of this section. In all cases it shall be assumed that an OSRD is necessary to meet the purposes of this section, unless the contrary is demonstrated by the applicant to the satisfaction of the Pepperell Planning Board. In cases where the Planning Board determines that a parcel(s) is unsuited to development as an OSRD, it may waive the requirements of this section and permit the subdivision or multi-family special permit plan to be developed in a conventional manner subject to the Pepperell subdivision rules and regulations. An applicant proposing a minor subdivision (those creating four or fewer lots or units) may develop an OSRD at his/her option. 7140. Permitted Uses. Each lot exclusive of the open land shall be used for residential dwellings of the type permitted or allowed by special permit in the applicable zoning district. These lots shall be grouped in clusters, and within each cluster the lots shall be contiguous. Accessory uses shall be allowed appurtenant thereto as provided in the residential district in which the land is located, with the exception of the keeping of nondomestic animals; and the use as a customary home occupation, as defined in this chapter, shall be further limited, prohibiting any employees who do not reside within the dwelling unit, any retail sales and any business signs. Common open spaces may be used for noncommercial active and passive recreation, conservation, forestry, agriculture and natural buffers and may contain structures necessary to approved uses, utilities and other facilities necessary for the convenience and enjoyment of the residents, subject to approval by the Planning Board as part of the decision on the special permit or as amendment to the special permit after it has ZONING BYLAW ermit to allow such lot may be built upon thereafter, provided that such lot has 100 feet of remaining frontage and a minimum area of 10,000 square feet. 4300. SPECIAL PERMIT TO VARY HEIGHT LIMITATIONS 4310. General In an Urban Residential or Commercial District the Planning Board may, by special permit, authorize greater height for the purposes of: 4311. increasing the available light and air in and around the building and adjacent buildings; 4312. better vehicle and/or pedestrian access to the building and surrounding buildings and accessory parking and other uses; 4313. increasing the amount of open space, park and recreation areas for users of the building or the general public; 4314. preserving or enhancing scenic views within and beyond the structure and between adjacent structures; or 4315. maximizing benefits of cluster development, including but not limited to better siting of buildings, efficient use of public services and facilities and preservation of substantial open space and natural areas. 4320. Conditions. Special permits pursuant to this Section 4300 shall be subject to all of the following standards: 4321. The building or structure shall be no greater in height than one and one half (1.5) times the building setback from the center line of the public way or ways which abut the land upon which the said building or structure is proposed to be erected. 4322. The height of buildings and structures shall be no greater than two (2) times the average of the highest point of buildings and structures on abutting lots under separate ownership. When any such abutting lots are vacant, the building height on such lots shall be presumed to be thirty-five (35) feet. 4323. When a special permit is granted, setbacks may also be adjusted by the Planning Board so that minimum side, rear and front yards are increased by a multiple of the ratio of the height requirements otherwise applicable to authorized height of the building or structure. 4324. The Planning Board shall find, after consultation with the Board of Fire Engineers, that fire protection will be sufficient a Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by right? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] No, Open Space Residential Developments require approval of the Planning Board in Pepperell. Because developers need the approval of the Planning Board first, that means that Open Space Residential Developments are via special permit rather than as of right, even if the excerpt does not explicitly say that Open Space Residential Developments are via special permit. " "[INST] Context: one or more groups separated from adjacent property and other groups within the development by intervening open land, unless deemed otherwise by the special permit granting authority. A.residential cluster development shall conform to the following conditions: 1. Contain a minimum tract size of ten (10) acres in the RA, RB and RC Districts, and five (5) acres in the RD District. 2. The number of dwelling units shall conform to the existing density allowed in the corresponding zoning district after subtracting the area which contains wetlands as delineated by Conservation Commission. 3. A minimum of 40% of the total land area of the development shall be dedicated as common open space; no more than 25% of the land required as common open may be wetlands as defined in MGL Ch. 131, Section 40, or waterbodies. 4. There shall be a minimum width of 50 feet of buffer area between attached cluster buildings, and a minimum width of 50 feet of buffer area between attached clusters and the abutting property lines or street. These buffer areas shall provide suitable landscaping to screen and cluster buildings from each other, abutters, and streets year round. C. Required Open Land 1. At least 40% of the tract (exclusive of land set aside for roads and parking-) shall be open land. At least 75% of the open land shall be suitable for passive or active recreations use, and shall not be wetlands or land subject to seasonal flooding. 2. The open land, and such other facilities as may be held in common, shall be conveyed to one of the following, as determined by the Planning Board, subject to the following guidelines. In general, valuable natural resource land, such as wetlands not suitable for any public use or suitable for extensive public recreational use, should be conveyed to the Town or to a trust: whereas land which will be principally used by the residents of the cluster should be conveyed to any of the following: a. To a corporation or trust comprising a home association whose membership includes the owners of of open space. The developer or charity shall grant a conservation restriction as set out in (a.) above. c. To the Town for park or open space use, subject to the approval of the Selectmen and Town Meeting, with a trust clause ensuring that it be maintained as open space. 3. Open space shall be restricted to recreational uses such as parks, playgrounds and conservation areas and shall not be built upon except as approved by the Planning Board. Only structures incidental for recreation, conservation or parks shall be allowed subject to approval by the Planning Board. These restrictions shall run with the deed in perpetuity. 4. All open space areas shall have dry access to the street suitable for use by maintenance and emergency vehicles. 5. The applicant shall submit a plan for maintenance of the open space area. 6. The applicant shall give evidence that a functional relationship exists between the open land and the proposed clusters. Such land shall be of such size, shape, dimension, character, and location as to assure its utility for park conservation or recreation purposes. E. Lot and Yard Requirements 1. Attached cluster units shall not exceed a total of four (4) units per building in the RA and RB districts and six (6) units per building in RC and RD districts. 2. These attached units, if designed as part of an association under single joint ownership, shall only meet the lot and yard requirements within this section. Density shall follow guidelines set forth in Section B.3 of this bylaw. 3. Detached cluster units shall conform to 2.6 except for the lot and yard requirements provided below: Minimum Lot Requirements,""RA, RB, RD"",RC Area (sq. ft.),""20,000"",N/A Width (ft.),80,N/A Frontage (ft.),80,N/A 4. No building shall exceed two (2) stories. F. Administrative Procedures The Planning Board, as the Special Permit Granting Authority (SPGA), shall adopt rules relative to the issuance of special permits and file a copy with the Town Clerk. The Planning Board shall no es of such club. Does not include golf clubs or sportsmen's clubs elsewhere defined, or clubs or organizations whose chief activity is a service customarily carried on as a business. CLUSTER DEVELOPMENT - An option which permits an applicant to build single family attached and detached units with reduced lot area and frontage requirements, so as to create a development in which the buildings and accessory uses are clustered together into one or more groups with adjacent common open land. (Amended at Annual Town Meeting, 1989.) CONTRACTOR'S YARD - Premises used by a building contractor or subcontractor for storage of equipment and supplies, fabrication of sub-assemblies, and parking of wheeled equipment. COVER - Naturally occurring vegetation: trees, shrubbery, and plant life. DEVELOPMENT - means any manmade change to improve or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. (Amended at Special Town Meeting, October, 1990) DISPOSAL - The deposit, injection, dumping, spilling, leaking, incineration or placing of any hazardous material into or on any land or water so that such hazardous material or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater. (Amended at Annual Town Meeting, 1989.) DWELLING - A building designed or used exclusively as the living quarters for one or more families. DWELLING, ATTACHED RESIDENTIAL CLUSTER - Two (2) or more attached dwelling units, each having individual entrances. (Amended at Annual Town Meeting, 1987.) DWELLING CONVERSION - Change in construction or occupancy of a dwelling to accommodate families in addition to the number by which it was previously occupied. Dwelling, Detached Residential Cluster - A dwelling unit having reduced yard, frontage, and area requirements and a provision for open space as conditions of a special permit. (Amended at Annu rovisions relating to operational standards and permit procedures shall apply. G. Performance Bond: The Board of Appeals shall require that a performance bond, of a surety company authorized to do business in the Commonwealth of Massachusetts, be posted, in an amount determined by the Board of Appeals, as sufficient to guarantee conformity with the provisions of any permit issued hereunder. Cash may be deposited with the Treasurer of the town, to be held by the town as surety, in an amount equal to the surety required, in place of a bond. Such bond, and/or cash, shall not be released until there is filed with the Board of Appeals a certification from a registered engineer and an approval from: the Planning Board and the Zoning Enforcement Officer (Building Inspector) that the site conditions at the completion of all work are in accordance with the requirements of the permit. (Amended STM 10/13/94) 2.13.0 Residential Cluster Development A. Statement of Purposes: A residential cluster development may be authorized by special permit in the Town of Plainville in order to achieve the following objectives: 1. Flexible and sensitive site design; 2. Promotion of measures to ensure compatibility of growth and sensitivity to the natural environment; 3. Enhancement of residential and community amenities by provision of open space; 4. Promotion of economical and efficient use of roads, water and sewer lines and other related infrastructure; 5. Promotion of diverse and energy-efficient housing at a variety of costs; and 6. Protection of water bodies and supplies, wetlands, floodplains, agricultural lands, wildlife, and other natural resources. B. Definition and Applicability: Residential cluster development means a residential development in which the buildings and accessory uses are clustered together into one or more groups separated from adjacent property and other groups within the development by intervening open land, unless deemed otherwise by the special permit granting authority. A.residential clus d which will be principally used by the residents of the cluster should be conveyed to any of the following: a. To a corporation or trust comprising a home association whose membership includes the owners of all lots or units contained in the tract. The developer shall include in the deed to owners of individual lots beneficial rights in said open land, and shall grant a conservation restriction to the Town of Plainville over such land pursuant to General Laws, Chapter 184, Section 31-33, to ensure that such land be kept in an open or natural state and not be built upon the residential use or developed for accessory uses such as parking or roadways. This restriction shall be enforceable by the Town through its Conservation Commission in any proceeding authorized by Section 33 or Chapter 184, and for perpetuity. In addition, the developer shall be responsible for the maintenance of the common land and any other facilities to be held in common until such items as the homes association is capable of assuming said responsibility. In order to ensure that the association will properly maintain the land deeded to it under this section, the developer shall cause to be recorded at the Norfolk County Registry of Deeds a Declaration of Covenants and Restriction which shall, at a minimum, provide for the following: 1. Mandatory membership in an established homes association is a requirement of ownership of any lot in the tract. 2. Provisions for maintenance assessments to all lots in order to ensure that the restrictions placed on the use of the open land will not terminate by operation of law. 3. Provisions which, so far as possible under the existing law, will ensure that the restrictions placed on the use of the open land will not terminate by operation of law. b. Any non-profit organization, the principal purpose of which is the conservation of open space. The developer or charity shall grant a conservation restriction as set out in (a.) above. c. To the Town for park or open space use, subject to the approval of the Selectmen and Town Mee Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by right? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] No, A residential cluster development can only be authorized by special permit in the Town of Plainville according to 2.13.0 (A). " "[INST] Context: Space Freedom from lot lines and rigid separation of different land uses is permissible in Planned Unit Developments only because the increased flexibility in planning and design and the opportunity to plan the entire development as a unit can ensure compatibility of land uses and high environmental amenity. Design of the development according to the principles of this section as reviewed by the Board of Appeals shall be considered as important as prescribed density or dimensional regulations. it is intended that the different types of uses shall be related to each other in a logical manner such that all uses function efficiently and compatibly. The common open areas shall be distributed throughout the development as part of a unified open space system. The open space system shall serve to unify the entire development visually and functionally, to appropriately buffer the development from surrounding land uses, and to provide adequate recreation space and visual separation for all dwellings or clusters of dwellings, whether on or off site, and may appropriately buffer different types of uses from one another. Open space, land, or facilities shall be conveyed either: (1) to the Town and accepted by it for park or open space use; (2) to a non-profit organization, the principal purpose of which is the preservation of open space; (3) to a corporation or trust owner or to be owned by the owners of lots, buildings, or portions of buildings within the PUD; or (4) may be included within lots owned by individual owners subject to the terms of the required covenant, as provided in Section 310.06. The type of ownership shall be that which is most conducive to the perpetuation of the integrity and function of the open space. B) Relationship of Land Uses. Non-residential land uses such as community shopping centers, neighborhood shopping centers, community centers, offices or light industries shall be located and designed to avoid conflicts with residential uses and to serve the intended population efficiently, whether outside or within the dev nd in perpetuity. Said instrument shall prohibit change of the use of such space to any use not in keeping with the Common Open Space or Facilities requirements without the approval of the Planning Board. The covenant may be recorded in phases, so that all times 70% of the portion of the Open Space Mixed Use Development area then being developed (which may consist of all or a portion of the area subject to a special permit for phases of development) shall be made subject to such covenant. The covenant may provide that land may be released from the restrictions of the covenant by an instrument executed by the owner and recorded, provided that not less than an equivalent area of land is made subject to the covenant and substituted therefor. I) NON-RESIDENTIAL USES 1. General Conditions. Non-residential uses may be specifically authorized under the Special Permit in the Open Space Mixed Use Development. Inadequate relation of such uses to the overall plan of the development, incompatibility among adjacent uses, or insufficient buffer areas shall be sufficient ground to deny any such use. Plans and other documents for non-residential uses should be submitted as an integral part of those submitted for the Open Space Mixed Use Development Master Plan Special Permit. 2. Public and Quasi-Public. Day care centers, public parks and community recreation centers, buildings and uses and utilities as allowed by special permit under Part IV or Section 309 may be permitted uses in Open Space Mixed Use Developments, subject to the prescribed standards and reasonable conditions required by the Planning Board under the procedures for the Open Space Mixed Use Development. 3. Agricultural Uses Agricultural uses such as the creation and maintenance of cranberry bogs, ponds, ditches, and irrigation systems for cranberry culture which require the removal of sands and gravel within the Aquifer Protection Overlay District (Section 401.17) shall be allowed within an Open Space Mixed Use Development District only by Special Permit issued by the Special Permit Granting Au ormally be fronted on both sides by open space and shall have no direct frontage by single family lots. The rights-of-way trees and open space, except for development of recreation areas and facilities, shall be kept as natural as possible with undergrowth untouched. In the case of High Technology P.U.D.'s, streets shall be designed to the standards of the current Planning Board rules and regulations, provided that the Planning Board may waive any part thereof which it deems inappropriate in specific instances. E) Pedestrian Circulation. The presence of a common open space system throughout the development creates the opportunity for a pedestrian circulation system which can be separated from the street system. Pedestrian paths through the common open space can be safer, more pleasant, and often more direct than conventional sidewalks which must follow vehicular rights-of-way. Wherever possible and appropriate, pedestrian circulation shall be provided within the open space system, minimizing street crossings and reducing the need for streetside walkways. Where paths in the open space can appropriately take the place of sidewalks, the Planning Board may waive the conventional sidewalk requirement specified in the subdivision regulations. Design principles specified in Section 401.08 Multi-family Environmental Design Conditions, shall be applied in designing the pedestrian system for Planned Unit Development. F) Residential Structures and Clusters. Densities, floor area ratios, and other dimensional requirements shall be as specified in Table 4. G) Protection of Public Health. All High Technology Planned Unit Developments shall be designed so as to protect the public health. A proposed development which includes uses or facilities whose emission will degrade the quality of the air, surface water or groundwater, which cannot be provided with a sufficient quantity of potable water, which produces or handles materials in quantities, and in a manner which will be deleterious to the health of occupants or the public, or which emits or ra elopment consistent with the availability and adequacy of public facilities necessary to support development and to protect the public health, safety and welfare. The phasing of development, based on public facility conditions, will provide for orderly growth and development to meet projected demands while discouraging sprawl and leapfrog development patterns which create service inefficiencies, increase costs and cause scattered facility demands. Thus, for certain residential uses prescribed by Zoning District in part IV of the Zoning Bylaw, the Planning Board shall not grant a special permit unless the specified Adequate Facility Conditions are satisfied. This section is intended to provide for a detailed review by the Planning Board, aided by other Town boards, or residential uses at densities which will have a significant impact on the health, safety, and general welfare of the Town and its inhabitants due to their location and impact on or need for supporting public facilities. This provision is adopted pursuant to the authority of and purposes specified in the Zoning Act (Chapter 40A, Massachusetts General Laws annotated) which empowers Towns, among other things, to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other requirements; to conserve natural resources; and to encourage the most appropriate use of land throughout the community. B. Special Permit Required for Village Density Development 1. Except for cases specifically exempted below, prior to the issuance of any zoning permit for village density development, the applicant shall be required to obtain a special permit from the Planning Board. This requirement shall apply to developments approved after the effective date of this bylaw other than those exempted by state statute. 2. Inapplicability: This bylaw shall not apply to developments of one or more single-family units at a net density of one unit per sixty thousand (60,000) square feet or less: provided, however, that such de 1.Setbacks are in addition to the buffers noted in Table #12. 2.No single retailer shall exceed 40,000 square feet. Within the Open Space Mixed Use Development single buildings in excess of 10,000 square feet are Subject to determination by the Planning Board that such buildings are in compliance with the design and appearance criteria in Section 208.04. The design, scale, density, and character of all buildings shall strictly incorporate the intent of the Open Space Mixed Use Development Bylaw. The term ""gross leasable area"" as used herein shall mean Net floor Area minus covered walkways, gazebos, or other amenities acceptable to the Planning Board to make the development pedestrian-oriented. 3.The Neighborhood Green may be established as provided in Subsection E. 4.Height within the Neighborhood Green may be 45 feet, including ornamental structures normally constructed above the roof line, such as cupolas, and other appurtenances, such as air conditioning units (with the exception that, within the 200 foot to 500 foot reduction of buffers or setbacks from Major Streets, Limited Access Highways and Scenic Streets, height may not exceed 35 feet). (Added 6/7/2000, Approved by AG 9/13/2000) F) PLANNING PRINCIPLES AND REQUIREMENTS 1. Land Uses and Open Space. The Common Open Space or Facilities system shall serve to unify the entire development visually and functionally, to normally buffer different types of uses within the development, to appropriately buffer the development from surrounding land uses, and to visually separate buildings or groups of buildings, whether on or off-site. It is intended that the different types of uses within an Open Space Mixed Use Development shall be related to each other in a logical manner such that all uses function compatibly. 2. Relationship to Land Use. Uses shall be located and designed to serve the intended population efficiently. 3. Vehicular Circulation. Streets within the Open Space Mixed Use Development shall be designed to the then current standards of the Planning Board Rules and Regulations. Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by right? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] No, Open Space Mixed Use Developments require a special permit, as mentioned under the NON-RESIDENTIAL USES ""General Conditions"" section. " "[INST] Context: asements: water or sewer improvements, roadways, or any other recreational facilities or other similar dedication required by these guidelines. (2) If the area of open space shall not be less than thirty (30) percent of the total area of the Planned Unit Development. (3) If the total reduction in said open space shall not be greater than one (1) acre or part thereof in open space for every one (1) acre or part thereof of lands required for public use or public purpose dedication. 9. Circulation and Off-Street Parking Requirements In a Planned Unit Development, off-street parking facilities shall be provided in accordance with the following requirements: a. Size of Parking Stalls Each off-street parking space shall have an area of not less than 200 square feet, exclusive of access drives or aisles; shall measure 10 feet in width by 20 feet in length; and shall be surfaced so as to be usable for parking. Except in the case of one and two-family dwellings, no parking area shall be established with less than 3 spaces. b. Number of Parking Spaces Required The number of off-street parking spaces required shall be as set forth in Section V.C. of the Zoning By-Law. c. Access There shall be adequate provision for ingress and egress to all parking spaces. Access drive or driveways shall be no less than twelve (12) feet wide for ingress or egress and twenty-four (24) feet wide for both ingress and egress except that for single or two-family dwellings access drive or driveways shall be not less than ten (10) feet wide for both ingress and egress and may be utilized for part or all of the parking area requirements. No driveway or access drive shall be closer than fifty (50) feet to the point of intersection of the street lot-lines of any two intersecting streets. d. Size of Aisles and Driveways The width of all aisles or driveways providing direct access to individual parking stalls shall be in accordance with the following requirements: Parkin ict occupying at least 50,000 square feet of space within a building and located on a lot of at least five acres in area. [Added 6-6-1994 ATM, Art. 80] MULTI-FAMILY DEVELOPMENT [Amended 5-12-2003 ATM, Art. 50] A. A residential development in an R-4 or B-2 zone consisting of one or more buildings containing separate dwelling units. All dwelling units in a Multi-Family Development in a B-2 District shall have a maximum of two bedrooms. The total number of units shall be determined in accordance with § 415-22. All buildings shall comply with other applicable sections of the bylaw. Any land located in a B-2 zoning district may be used for access to or egress from a Multi-Family Development located in a B-2 zoning district. B. A Multi-Family Development shall be allowed on land located in a B-2 District only if i) the lot or lots proposed for such development have in the aggregate a minimum of five acres of contiguous land, notwithstanding § 415-22F(1) of this bylaw; ii) there are one or more lots abutting the lot(s) in question that are currently zoned Residence; iii) there are one or more lots abutting the lot(s) in question that are currently zoned Business; and iv) the lot(s) in question have the minimum frontage required under § 415-28 only on a street primarily used for residential purposes. NONCONFORMING USE The use of any building or land which was lawful at the time of passage of this bylaw, or amendment thereto, but which conflicts with the provisions of the effective zoning district designation. NURSING HOME/REST HOME A home for the aged and/or infirm which provides for food, shelter and care of its residents for compensation. Not included within this definition are hospitals, clinics or other medical establishments devoted primarily to the diagnosis and treatment of the sick or injured. OFFICE A building, room or space where clerical or administrative activities are performed. PARKIN structures associated with the residences in the Planned Unit Development. Common recreation areas shall be delineated on plans submitted to the Planning Board for review with the size of the area noted. Provisions for delineating this area in the finished development, method of delineation subject to Planning Board approval, shall be made by the developer. Common recreation areas shall be developed with either active or passive recreational facilities or both. No facility in which the residents of the planned unit development are excluded by outside or private membership shall qualify for the purposes of the requirements herein. § 415-52. Open space. A. Each planned unit development shall develop and maintain the following required open space: One square foot of open space for each one square foot of total gross floor area of the planned unit development, but in no event shall less than 35% of the gross land area of the planned unit development be open space. B. Computation. (1) Any required open space may include common recreation areas and required buffer areas for computation purposes. (2) In no case shall more than 30% of the required open space consist of areas defined as wetlands by the Massachusetts Wetlands Protection Act. (3) For purposes of determining the total number of allowable dwelling units, the applicant must submit a ""grid"" subdivision plan to the Planning Board which complies with the plan regulations set out in the Rules and Regulations Governing the Subdivision of Land. C. Modification. The Special Permit Granting Authority, at its discretion, shall have the right to reduce the required minimum area of open space if all of the following conditions are met: (1) If one or more tracts, parcels or lots are required to be dedicated for public use or public purpose including, but not limited to, schools, fire stations, police facilities, libraries, or other similar municipal uses, but not including utility, sewer or stormwater drainage easements; water or sewer improvements, SCHEDULE OF PERMITTED USES § 415-8. R-1 Residence Zoning District. A. Permitted principal uses: (1) Single-family residences. (2) Agricultural uses, not including retail sales. (3) Churches or other houses of worship. (4) Schools. (5) Cemeteries. (6) Public parks. B. Accessory uses: (1) Home occupations as permitted according to this bylaw. (2) Other uses customarily accessory to permitted principal uses. C. Uses requiring special permit: (1) Retail sales of produce raised on premises. (2) Hospitals and medical/dental clinics. (3) Essential municipal facilities. (4) Country/private clubs. (5) Nursing/resting homes. (6) Planned unit developments. (7) Residential Commercial Care Facilities. (8) Municipal Facilities, including: police stations, fire stations, libraries, and municipal office. [Added 5-20-1996 ATM, Art. 45] § 415-9. R-2 Residence Zoning District. A. Permitted principal uses: (1) Single-family residences. (2) Two-family residences. (3) Churches or other houses of worship. (4) Schools. (5) Cemeteries. (6) Public parks. B. Accessory uses: (1) Home occupations as permitted according to this bylaw. (2) Other uses customarily accessory to permitted principal uses. C. Uses requiring special permit: (1) Riding stables. (2) Hospitals and medical/dental clinics. (3) Essential public utility facilities. (4) Country/private clubs. (5) Nursing/resting homes. (6) Nursery for flowers and/or plants of five acres or less in size. (7) Planned unit developments. (8) Residential Commercial Care Facilities. (9) Municipal Facilities, including: police stations, fire stations, libraries and municipal offices. [Added 5-20-1996 ATM, Art. 45] § 415-10. R-3 Residence Zoning District. A. Permitted principal uses: (1) Single-family residence. (2) Two-family residence. (3) Churches and other houses of worship. (4) Schools. (5) Cemeteries. (6) Public parks. B. Accessory uses: (1) Home occupations as permitted according to this bylaw. (2) Other uses customarily accessory to permitted principal uses. C. Uses requiring spec al condition or be densely planted and in the opinion of the SPGA, provide suitable screening of abutting properties, except for access roadways. The SPGA may reduce the width of the buffer at appropriate locations, taking into account the character of open space use of abutting properties or the existence or requirement of buffer thereon. § 415-66. Building and dwelling unit requirements. A. No building or structure shall have a height greater than 36 feet or three stories. B. Dwelling units shall contain no more than two bedrooms. All dwelling units shall be detached or attached only along sidewalls in the so-called ""townhouse"" style, and no building shall contain more than four units. No mobile homes shall be allowed. C. Accessory buildings and structures for use by residents and their guests may be permitted, including clubhouse or community center, swimming pool, and tennis court, as well as storage and maintenance structures intended to service the PRDS. Such accessory buildings and structures shall be shown on the site plan. D. Multiple buildings shall be allowed on a single lot. E. Architectural style shall be in harmony with the prevailing character and scale of buildings in the neighborhood and the Town through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. Variation in detail, form and siting shall be used to provide visual interest and avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate light, air, circulation, and separation between buildings. § 415-67. Land use density. The total number of dwelling units shall be limited to four units per upland acre. For purposes of the dwelling unit calculation, the land area used shall not include any wetlands as defined by the Massachusetts Wetlands Protection Act. § 415-68. Total number of PRDS units in Town. The SPGA shall not approve a Special Permit for a PRDS which would cause the total number of PRDS dwelling units for which Special Permits have been issued ( Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by right? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know, It appears that Planned Unit Developments are permitted in Rockland, but it is not contained in the excerpt if they are permitted as of right or only via special permits. " "[INST] Context: on in the Central District or the Residential District as follows: (a) a development creating fewer than five (5) multi-family dwelling units is authorized, subject to the requirements of this section, and provided a site plan is approved by the Planning Board; and (b) a development containing five or more multi-family dwelling units is authorized, subject to the requirements of this section, and provided a special permit is issued by the Planning Board. 6.2.1.2 Notwithstanding section 6.2.1.1, the requirements of this section do not apply to townhouse dwellings approved as part of an Open Space Residential Development under section 6.4, or to multi-family dwellings approved as part of a New England Village Development under section 6.7, except as provided by section 6.7.3.2. 6.2.1.3 Any development under this section that involves a Subdivision of Land shall be subject to the approval of the Planning Board under the Subdivision Rules. 6.2.2 Density 6.2.2.1 The development shall be located on a site consisting of at least five (5) acres in the Residential District and two (2) acres in the Central District. 6.2.2.2 Twenty thousand (20,000) square feet of area for the first dwelling unit, plus ten thousand (10,000) square feet of area for each additional unit, is required, except that, for developments under section 6.2.1.1(b), the Planning Board may increase the number of units allowed, up to a maximum density of twenty thousand (20,000) square feet of area for the first unit, plus five thousand (5,000) square feet of area for each additional unit, if the Applicant proposes additional affordable housing than that required by section 6.2.4, or on-site or off-site public improvements or amenities that result in substantial benefit to the Town and which are beyond those necessary to mitigate the impacts of the proposed development. The square footage of any primary conservation areas shall not be considered in determining the number of dwelling units allowed under this section. 6.2.2.3 At least one h rming use is proposed, the total floor area of all buildings associated with the non- conforming use, and the parking or loading capacity of such use, may not be increased by more than twenty-five percent (25%), as measured from the date on which the original non-conforming use became non-conforming (where multiple non-conforming uses are located on a lot, the calculations required by this paragraph shall be made in the aggregate); (d) if a non-conforming use has been changed to a more restrictive non- conforming use (in terms of such factors as intensity of use, parking or loading capacity, or hours of operation), it may not thereafter be changed to a less restrictive non-conforming use ; and (e) if a non-conforming use has been changed to a conforming use, it may not thereafter be changed to a non-conforming use. 5.3 Effect of Zoning Change 5.3.1 Any increase in area, frontage, width, yard, or depth requirements of this Bylaw shall not apply to a lot for single or two-family residential use, which at the time of recording or endorsement, whichever occurred sooner, was not held in common ownership with any adjoining land, conformed to then existing requirements and has less than current requirements, but at least five thousand (5000) square feet of area and fifty (50) feet of frontage, as provided in M.G.L., Ch. 40A, § 6. 5.3.2 Any increase in area, frontage, width, yard, or depth requirements of this Bylaw shall not apply for a period of five (5) years from its effective date to a lot for single or two-family residential use, provided the plan for such lot was recorded or endorsed and such lot was held in common ownership with any adjoining land and conformed to the existing zoning requirements as of January 1, 1976, and had less area, frontage, width, yard or depth requirements than the newly effective zoning requirements, but contained at least seven thousand five hundred (7500) square feet of area and seventy-five (75) feet of frontage, and provided further that the provisions of this section 5.3.2 shall not apply to more than three of such adjoining lots held in common ownership. 5.3.3 Construction or operations under a building or special permit shall confor eening by fencing or landscaping of outside storage areas; 6.3.1.3.5 The building is served by municipal water. 6.3.1.4 Minimum Floor Area 6.3.1.4.1 The structure to be converted shall contain at least eleven hundred (1100) square feet and no unit shall have a floor area of less than three hundred fifty (350) square feet plus one hundred (100) square feet for each bedroom over one (1). 6.4 Open Space Residential Development 6.4.1 Purposes 6.4.1.1 This section is intended to promote integrated, creatively-designed residential development that results in the preservation of open space and natural resources, the reduction of infrastructure and site development costs, and the promotion of attractive standards of appearance consistent with Town character. 6.4.2 Special Permit Authority 6.4.2.1 The Planning Board may grant a special permit for an Open Space Residential Development (""OSRD"") authorizing the construction of single family or townhouse dwellings in the Central District, the Residential District, the Outlying District, or the Coastal Conservation District, pursuant to the provisions of this section. 6.4.3 Eligibility 6.4.3.1 Any proposed development that would create two (2) or more single family dwellings or townhouse dwelling units on a parcel of land or set of contiguous parcels of land containing at least five (5) acres is eligible for consideration as an OSRD. Parcels separated by roadways shall be considered contiguous. 6.4.3.2 Any person that submits a conventional subdivision plan (preliminary or definitive) under the Subdivision Rules that would create five (5) or more single family dwelling lots on a parcel of land or set of contiguous parcels of land containing five (5) or more acres shall be required, simultaneously with the submission of such conventional subdivision plan, to submit an application for an OSRD special permit, together with an OSRD concept plan that meets the requirements of section 6.4.4.2, except that, at any time after the opening of the public t the provisions of this section 5.3.2 shall not apply to more than three of such adjoining lots held in common ownership. 5.3.3 Construction or operations under a building or special permit shall conform to any subsequent amendment of the Bylaw, unless the use or construction is commenced within six (6) months after the issuance of the permit and, in cases involving construction, such construction is continued through to completion as continuously and expeditiously as is reasonable. 5.4 Changes to Non-Conforming Single-Family Residential Structures 5.4.1 The Board of Appeals, or a Zoning Administrator appointed by the Board pursuant to M.G.L. 40A, § 13, may approve, without the necessity of a public hearing, the changes to nonconforming single family residential structures described in this section 5.4.1. Specifically, the Board or a Zoning Administrator may approve (1) the alteration, reconstruction, or extension of a nonconforming single-family residential structure, or (2) the alteration, reconstruction, or extension of any existing (or the construction of any new) attached or detached structure that is accessory to such nonconforming single-family residential structure, but only if (a) no part of the proposed alteration, construction, reconstruction, or extension will be located within the minimum set-back area established by section 6.1.3.1 of these by-laws, and (b) the proposed alteration, construction, reconstruction, or extension will not result in, or increase, the structure's nonconformance with the lot-coverage or building-height limitations established, respectively, by sections 6.1.5.2 and 6.5.1 of these by-laws. 5.4.2 Changes to nonconforming single-family residential structures which are not authorized by section 5.4.1 of these by-laws may be approved only by the Board of Appeals pursuant to a public hearing. In deciding whether to approve such changes, the Board will first determine whether the proposed alteration, construction, reconstruction, or extension of a nonconforming single-family residential structure or accessory structure will increase the nonconforming nature of such structure. If the Board determines that there will be no increase in ns: (a) Building permits shall not be issued authorizing the construction of more than twenty-four (24) new single family dwellings in the Town in any twelve (12) month period. The number of permits allowed for new single family dwellings in any month shall equal twenty-four (24) minus the number of such dwellings that have been authorized (exclusive of unused authorizations that have expired or been withdrawn) in the preceding eleven (11) months. Subject to the provisions of section 8.5.1(b), applications for building permits for new single family dwellings shall be held and acted upon in chronological order based on the date of the filing of a complete application with the Building Inspector. (b) Building permits shall not be issued authorizing the construction of more than four (4) new single family dwellings in any twelve (12) month period on any set of lots created from land that was contiguous and held in common ownership at any time on or after the effective date of this section. 8.5.2 The limitations of section 8.5.1 are subject to the following exceptions: (a) For new single family dwellings established as part of an Open Space Residential Development approved under section 6.4 of the Bylaw, the limitation of section 8.5.1(b) shall be ten (10) dwellings per twelve (12) month period, rather than four (4) dwellings per twelve (12) month period. (b) The limitations of section 8.5.1 do not apply to affordable dwelling units, or to dwelling units authorized under a comprehensive permit issued under M.G.L., Ch. 40B, § 21, and permits issued for such units shall not be included in the count required by section 8.5.1(a). 8.5.3 Any time-limited protection against zoning change afforded by M.G.L., Ch 40A, § 6, shall be extended (if such protection has not already expired by the date on which a complete application for a building permit is filed with the Building Inspector) until such date as a building permit is issued under this section. 8.5.4 Section 8.5.1 shall not be construed as limiting the issuance of building permits for the enlargement or improvement of existing dwellings, or the rest Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by right? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] No, The Planning Board may grant a special permit for an Open Space Residential Development (""OSRD"") authorizing the construction of single family or townhouse dwellings in the Central District, the Residential District, the Outlying District, or the Coastal Conservation District, pursuant to the provisions of the by-law. OSRDs are not permitted as of right. " "[INST] Context: (f) Provisions shall be made so that usable open space shall be owned: (1) By the City of Salem for park, open space or conservation use; (2) By a corporation or trust owned or to be owned by the owners of lots or residential units within the land that may be approved by the planning board, with provisions for limited easements for recreational use by residents of the city; provided that such ownership shall vest in sufficient rights to enable it to enforce compliance with the restrictions imposed by the planning board as conditions of its special permit. (g) The planning board may, in appropriate cases as it determines, impose further restrictions upon the cluster residential development or parts thereof as a condition to granting the special permit. (h) Any special permit granted hereunder shall lapse within two (2) years if a substantial use thereof has not sooner commenced except for good cause or, in the case of a permit for construction, if construction has not begun by such date except for good cause. Sec. 7-15. Planned unit development. (a) The planning board may grant a special permit for a planned unit development for any parcel of land in the following districts: R-3 Multifamily Residential District; B-1 Neighborhood Business District; B-2 Highway Business District; B-4 Wholesale and Automotive Business District; B-5 Central Development District; I Industrial District; provided that said parcel contains a minimum of the lesser of sixty thousand (60,000) square feet or five (5) times the minimum lot size of the zoning district it is in, and subject to the requirements and conditions set out in this section. (b) Purpose. The planned unit development district is designed to provide various types of land use which can be combined in compatible relationship with each other as part of a totally planned development. It is the intent of this district to ensure compliance with the master plan and good zoning practices, while allowing certain desirable departures from the st ach other as part of a totally planned development. It is the intent of this district to ensure compliance with the master plan and good zoning practices, while allowing certain desirable departures from the strict provisions of specific zone classifications. The advantages which are intended to result from the application of the planned unit development district are to be ensured by the adoption of a precise development plan with a specific time limit for commencement of construction. (c) All uses or any combination thereof permitted in R-3, B-1, B-2, B-4, B-5 and I Districts may be allowed in a planned unit development, subject to the following limitations of uses: (1) There can be a multiplicity of types of residential development, provided that, at the boundaries with existing residential development, where typical development is permitted, the form and type of development on the planned unit development site boundary are compatible with the existing or potential development of the surrounding neighborhoods. (2) A specific commercial or industrial use for property adjacent to an existing commercial or residential zone may be approved as a planned unit development. Where this is permitted, the plan for the total property shall be submitted and the applicant shall clearly detail, by engineering and architectural specifications and drawings, the manner in which the subject area is to be developed and the means that will be employed to protect the abutting property and the health, safety, welfare and privacy enjoyed thereon. (3) Maximum bulk, yards, parking and loading requirements shall be established for each planned unit development district by the development plan approved by the planning board. Height limitations shall be in accordance with the zoning district in which the planned unit development is located. (4) Minimum lot frontage. To preserve and protect the value of properties adjacent to a proposed planned unit development district and to provide for an orderly and uniform transition, lots which w fed-over or enclosed structure shall be nearer than five (5) feet to any side or rear lot line. There shall be no restriction insofar as front yard setbacks are required, provided, however, the roof or enclosure does not extend beyond the original structure. (3) The roofing over and/or enclosing of the structure, in the opinion of the building inspector with the cooperation of the chief of the fire department and the board of health, will not be a hazard to the safety or well-being of the general neighborhood. (4) If the appurtenant structure to be enclosed and/or roofed over was constructed after August 27, 1965, it may be so enclosed if, in the opinion of the building inspector with the concurrence of the chief of the fire department and board of health, it will not be a hazard to the safety or well-being of the general neighborhood. Sec. 7-13. Religious or educational institutions. No portion of this zoning ordinance shall be interpreted to regulate or restrict the use of land or structures for religious purposes or for educational purposes on land owned or leased by the Commonwealth of Massachusetts or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination or by a nonprofit educational corporation; provided, however, that such land or structures must comply with all the requirements of the zoning ordinance concerning the bulk and height of structures, yard size, lot area, setbacks, open space, parking and building coverage requirements of the zoning district in which it is located. Sec. 7-14. Cluster residential development. (a) Purposes. For the purposes of promoting the more efficient use of land in harmony with its natural features and with the general intent of the zoning ordinance and to protect and promote the health, safety, convenience and general welfare of the inhabitants of the city, an owner or owners of a tract of land situated within the R-1 One-Family Residential Districts, R-C Residential-Conservation Districts, R-2 Two-Family Residential Districts and R-3 Multif n of a report. Notice of the filing of the petition shall be given to the city clerk, fire department, police department, superintendent of streets and school department and further notice shall be given as required by the planning board, and a public hearing shall be held within sixty-five (65) days after filing of an application in accordance with Massachusetts General Laws, Chapter 40A. (d) Failure by the planning board to take final action upon an application for a special permit within ninety (90) days following the date of the public hearing shall be deemed to be a grant of the permit applied for. (e) After a notice and public hearing as set forth above, the planning board, by a two-thirds ( 2/3) vote, may grant such a permit, provided that: (1) No structure shall exceed two and one-half (2.5) stories. (2) As far as possible, the plan follows the natural contours of the terrain and respects the natural features of the site. (3) The proposed plan is in harmony with the purpose and intent of this ordinance and the master plan of the City of Salem and that it will promote the purposes of this section. (4) The area of the tract of land to be subdivided is not less than five (5) acres. (5) When the open land is added to the building lots, the total area shall be at least equal in area to the land area required by this ordinance or by law for the total number of units or buildings contemplated in the development for the zoning district. (6) At least twenty (20) percent of the total tract area (of which at least fifty (50) percent shall not be wetlands or slopelands, nor shall it include streets, ways and parking areas) shall be set aside as common land and shall consist of usable open space. (7) The cluster development would not result in a net negative environmental impact. (f) Provisions shall be made so that usable open space shall be owned: (1) By the City of Salem for park, open space or conservation use; (2) By a corporation or trust owned or to be owned ed districts after holding a public hearing. k. Notwithstanding anything in these zoning regulations to the contrary, sales of individual dwelling units in multifamily dwellings or otherwise, constituting townhouses, row houses or attached houses or the like, may be made without compliance with the residential density regulations appearing in this ordinance, excepting only that a minimum lot area of each dwelling unit shall be one thousand (1,000) feet. (6) Notwithstanding the ""specifically excluded"" list of uses specified in paragraphs (b) and (c) of this section, certain other uses will be allowed by special permit for certain multifamily complexes. Therefore, multifamily (apartment) buildings and developments complying with the following basic minimum requirements may have the hereinafter permissive special permit uses built and occupied as part of the development: a. The hereinafter listed special permit uses may be built and occupied by a special permit issued by the board of appeals as required by section 9-4 hereof. The basic minimum requirement shall not be changed. If any change in the basic requirement is made, the special permit use shall cease forthwith. The basic requirements are: 1. There shall be a minimum of one hundred fifty (150) dwelling units in the building or buildings. 2. The ownership title to all buildings and all land shall be held in a single ownership, either by a corporation or an individual. 3. All multifamily buildings shall be built and so located that no other type of building except a multifamily dwelling shall occupy any part of the land or development. 4. The area occupied by all businesses permitted by the special permit uses shall be within a multifamily dwelling or may be in an ell or wing, providing the ell is more or less attached to the main building. 5. The areas required for such special permit occupancy shall be predetermined so as to prevent locating such businesses in a haphazard manner. It is the intention of this provision to concentrate the business into one (1) general area to create a ""local business area"" with Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by right? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] No, Cluster developments are only allowed following a public hearing that is held within sixty-five (65) days after filing of an application in Salem. That means they are only allowed via special permit, not as of right. " "[INST] Context: non- conforming use must be commenced within one year of such damage or destruction and the reconstruction completed and the structure occupied within two (2) years of such damage or destruction. 2.4.2.A residence in a district where residences are permitted, but on a non conforming lot, may be reconstructed, altered or repaired without change in the lot size, provided that such alteration, reconstruction, extension or structural change does not increase the non conforming nature of such structure. 2.4.3.Any other non conforming structure or use the change or alteration of which is not otherwise permitted as a matter of right by the provisions hereof, may be extended, altered, reconstructed or repaired, provided any such extension shall not exceed twenty-five percent (25%) of its area on said lot as of June 16, 1988, and that in each case the Board of Appeals, in accordance with the procedures of Section 9.2.3 hereof, shall find that such extension, alteration, reconstruction or repair is not substantially more detrimental to the neighborhood than the existing non conforming structure or use. 2.4.4.Notwithstanding anything contained herein to the contrary, such expansion of a structure or use permitted hereunder must be physically located within the perimeter of the lot as said perimeter existed and upon which the non conforming structure or use was situated on the date the structure or use originally became nonconforming. 2.5 Accessory Uses Accessory uses shall be on the same lot with the building of the owner or occupant except as otherwise provided herein, and shall not alter the character of the premises on which they are located nor impair the neighborhood. 2.5.1.Residential Accessory Uses. The following accessory uses are specifically permitted as of right or by Special Permit: a. Family day care homes. Licensed family day care homes as defined in M.G.L. c.28A, Section 9, are allowed as an accessory use as of right in all districts in which detached single-family dwellings are a permitted use. Where detached single-family dwellings require a Special Per nd moderate-income affordable units shall be subject to an affordable housing restriction pursuant to M.G.L. c.184. c. The Building Inspector shall not issue an occupancy permit to the applicant without receipt of evidence that the use restriction approved by the Planning Board prior to the issuance of a Special Permit has been recorded at the Registry of Deeds. 4.1.4.Minimum Design Standards a. A multi-family building shall contain no less than three and no more than six units unless waived by the Planning Board, and shall not exceed a building height of 35 feet and two and one half stories. b. Multi-family housing shall avoid monotonous, look-alike designs and promote high standards of exterior quality and appearance. c. Applicants shall comply with Section 5, Parking and Loading, for number of off-street parking spaces per unit. At least one space shall be located so as to provide convenient access to its assigned dwelling unit. Parking garages will be permitted as a parking space if located and designed so as to complement the building design and site layout. d. All residential buildings shall be oriented toward the street or the interior road that provides access to them, with parking spaces located to the rear of a building or on the side, provided that no parking is located within 20 feet of the front facade of the building. e. Setbacks. 1. Multi-family housing shall provide a rear setback of at least 50 feet to an abutting single-family residence. If the Planning Board finds that a setback of lesser width would be sufficient to screen and/or separate the development from adjacent property, the setback may be reduced. In its discretion, the Planning Board may require no-cut easements, conservation restrictions or the like where the setback has been reduced. The Planning Board may also reduce the rear yard setback for multi-family housing of five or fewer units if the building is architecturally similar to single-family residences in the same general area. 2. The front yard shall be landscaped with indig 4.SPECIAL REGULATIONS 4.1 Multi-Family Housing (Revised 11-01-05) In any district where multi-family housing is a permitted or special permitted use, it shall be subject to the following requirements, except that multi-family units in an Low Impact Development shall comply with the regulations in Section 4.2A of this Bylaw. 4.1.1.Site Plan Review Multi-family housing is subject to Site Plan Review under Section 7 of this Bylaw. 4.1.2.Maximum Density a. Where conversion of an existing single-family dwelling to three multi-family units is a permitted use or a use allowed by special permit, the minimum lot area shall be at least 1.5 times that of the applicable minimum lot area for a single-family dwelling. b. For multi-family housing of four (4) units or more, the maximum density is as follows: District,Maximum Density R-3,""20,000sf for the first unit plus 10,000sf for each additional dwelling unit, up to a maximum of 24 units"" ""Village Business, Mixed-Use, or Commercial District"",""20,000sf for the first unit plus 10,000sf for each additional dwelling unit, up to a maximum of 36 units"" c. More than one principal building may be permitted on a single lot by Special Permit from the Planning Board. No principal building may contain less than three (3) units nor more than six (6) units unless waived by the Planning Board. 4.1.3.Affordable Housing Requirement a. To qualify for a Special Permit for multi-family housing of four or more units, the applicant must include housing affordable to low- or moderate-income households as defined in this Bylaw, as follows: the seventh unit and every sixth unit thereafter shall be a low- or moderate-income housing unit. Nothing in this section shall preclude an applicant from providing more low- or moderate-income housing units than the minimum required by this Bylaw. b. All low- and moderate-income affordable units shall be subject to an affordable housing restriction pursuant to M.G.L. c.184. c. The Building Inspector shall not issue an occupancy permit to the applicant without ction 4.6 6. Home business workshop, subject to Section 4.6 7. Conservation areas, reservations, or wildlife areas 8. On five acres of land or less: Gardens; growing and storing of fruits, berries, vegetables, hay, fodder and ensilage; orchards, wood lots and forestry; or nursery and similar agricultural crop activities 9. Residential accessory uses in accordance with Section 2.5 of this Bylaw 10. Uses permitted in accordance with Section 2.3 of this Bylaw or otherwise exempt from zoning under M.G.L. c.40A Section 3 11. Conversion of a single-family dwelling to a two-family dwelling b. Uses Allowed by Special Permit from the Planning Board 1. Low-impact development, subject to Section 4.2A 2. Assisted living facility or nursing home, or an assisted living facility and nursing home in a single development 3. Detached single-family dwelling on a hammerhead lot, subject to Section 4.3 4. Conversion of a single-family dwelling to a multi-family dwelling of up to three units, subject to Section 4.1 5. Residential accessory uses in accordance with Section 2.5 c. Uses Allowed by Special Permit from the Board of Appeals 1. Golf course (not including miniature golf), ski grounds, camping areas, or swimming facilities, including the incidental sale of refreshments, if primarily for the convenience of the patrons, and of equipment customarily related to their use 2. Cemetery 3. Hospital, medical institution, or historic, philanthropic or charitable institution 4. Kennel or riding stable, except that a horse farm or stable that is otherwise exempt under M.G.L. c.40A, Section 3 shall not require a Special Permit 5. Public utility 6. Home specialty retail, subject to Section 4.6 7. Bed and breakfast 8. Day or overnight outdoor recreation camp 3.2.2. Density and Dimensional Regulations a. Minimum Lot Area: 1. Single-family 40,000 square feet 2. Two-family 60,000 square feet 3. Multi-family Subject to Section 4.1 4. Other uses 40,000 square feet b. Minimum Frontage: 175 fee but may be included as part or all of the required five percent parking lot landscaping. 7.12.8. Bicycle facilities. Any development in a business district shall be required to provide bicycle racks in one or more appropriate locations on the site as approved by the Planning Board. 7.12.9. Off-Street Parking. All off-street parking shall be designed in accordance with Section 5 of this Zoning Bylaw, except as provided below. a. Reserve parking spaces. The applicant may request and, where appropriate, the Planning Board may authorize a decrease in the number of off-street parking spaces required in Subsection 5.5, subject to the following conditions: 1. The decrease in the number of parking spaces is no more than thirty percent (30%) of the total number of spaces required under Subsection 5.5. The waived parking spaces shall not be used for building area and shall be labeled as ""Reserve Parking"" on the site plan. 2. Written approval is given by the Building Inspector, the Police Department and the Department of Public Works. 3. The proposed decrease in the number of required spaces will not create undue congestion, traffic hazards, or a substantial detriment to the neighborhood, and does not derogate the intent and purpose of this Bylaw. 4. The reserve parking spaces shall be properly designed as an integral part of the overall parking development. 5. In no case shall any reserve parking spaces be located within areas counted as buffer, parking setback or open space. 6. If at any time, after one (1) year from the date of issuance of a certificate of occupancy, the Building Inspector and/or Planning Board find that all or any of the increased reserve spaces are needed, the Planning Board may require that all or any portion of the spaces identified as reserved parking spaces on the site plan be constructed within a reasonable time period as specified by the Planning Board. A written notice of such a decision shall be sent to the applicant within seven (7) days before the matter is next discussed at a Planning Board meeting. 7.13. Supplemental Site Development Standards for Village Business, Mixed-Use Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by right? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] No, It is not clear if cluster development or any other flexible zoning scheme is permitted in Shirley. No such scheme is listed as a permitted use as approved by the Planning Board, the Board of Appeals, or as of right. This leads to the conclusion that the answer is ""No."" " "[INST] Context: t, for review and concurrence by the Planning Board. 3. The total number of dwelling units shall not exceed that allowed by the following formula concurred with by the Planning Board: [Amended 5-5-2010 ATM, Art. 16] USABLE ACRES/MINIMUM LOT AREA = NUMBER OF CONDENSED SIZE LOTS WHERE USABLE ACRES = [TOTAL TRACT ACRES]-[20% EXCLUSION OF TRACT ACRES (streets, walks, easements, etc.)]-[50% TRACT ACRES FOR OPEN SPACE] No structure shall be built or used in a cluster development except in compliance with the use regulations of Section 3.1 [Principal Uses] and with the following dimensional regulations. Minimum Lot Area District,(square feet),Frontage,Front,Side,Rear RA,""15,000"",75,20,10,30 RB,N/A,N/A,N/A,N/A,N/A RM,N/A,N/A,N/A,N/A,N/A 4. Side and rear yard requirements shall apply only where the lot in the cluster development abuts non-cluster adjacent property, elsewhere side and rear yard requirements may be waived by the Planning Board. 5. Larger lot sizes may be required, as determined by the Planning Board with advisory by the Board of Health, where public sewerage is not available, and considering soil conditions, water table and slope conditions. 6. No lot shall have more than ten percent (10%) of its minimum lot area made up of wetlands and slopes greater than twenty-five percent (25%) in grade, singularly or combined. 7. Only single-family dwellings shall be allowed in cluster developments unless provisions of Subsection 7.3.7 are followed. 8. Buildings shall be oriented with respect to scenic vistas, natural landscape features, topography and natural drainage areas in accordance with criteria for site plan review of this 9.4. 9. New dwellings shall be grouped so that fields, pastures, woodlands, and road frontage remain as undeveloped as possible. To serve the purposes of this requirement, subdivision definitive plans shall depict the approximate location line of undisturbed woodlands and other greenery associated with separate building lots. 7.3.5 Open Space. All remain or scenic, agricultural, recreation, and conservation purposes, otherwise not provided by conventional subdivision plans; 2. preserve more greenery and woodlands through less disturbance, temperance of the appearance of suburban sprawl associated with conventional subdivision development; and 3. promote less costly development and maintenance outlay. 7.3.2 Administration. The Planning Board may by special permit grant approval for the construction and occupancy of a cluster development, supplemented by appropriate amenities as agreed to by the owner, on a parcel of land in excess of five (5) contiguous acres located in a Residential Districts. Such cluster development shall also require approval under the Subdivision Rules and Regulations of the Planning Board. 7.3.3 Application Procedure. To promote better communication and avoid misunderstanding, applicants are encouraged to submit preliminary proposals and plans for informal review prior to formal application. The following submission is required. 1. Applicants for a cluster development shall submit to the Planning Board six (6) copies of a completed application and ten (10) copies of a plan meeting the specifications for a preliminary plan as established by the Subdivision Regulations adopted by the Ashland Planning Board. Said plan shall also indicate proposed building uses, building locations and development schedule and shall have been prepared by a landscape or registered architect, or civil engineer. Submitted application materials shall also indicate the applicant's legal interest in the land to be developed, the form of organization to be proposed to own and maintain the common land, the substance of covenants and grants of easements to be imposed upon the use of land and structures and the development schedule. 2. At least four (4) copies of a site analysis shall be submitted, consisting of one (1) transparent copy of the above plan, and a series of site analysis drawings at the same scale, each on a separate sheet, indicating hority. Any development pursuant to the PSMUOD by-law shall be allowed only by special permit. The Planning Board is hereby designated as the Special Permit Granting Authority (SPGA) in the PSMUOD. A super majority shall be required for plan approval. All Special Permit applications made pursuant to the PSMUOD by-law shall conform to the standards and criteria and procedural provisions of the PSMUOD by-law and all relevant procedural provisions in the current Ashland zoning by-laws. Said Special Permit may be issued subject to such conditions as the Planning Board may deem appropriate to protect the public interest and to ensure that development to the PSMUOD will be consistent with the purpose of this Section and the controls set forth herein. 4.0 Development Criteria. In addition to the specific requirements contained within this Bylaw, the Ashland Planning Board shall issue a special permit for development within the PSMUOD only after consideration of the following: 1. Adequacy of the site in relation to the size of the proposed structure(s); 2. Adequacy of the provision of open space, its accessibility to the general public, and/or its association with adjacent or proximate open space areas; 3. Suitability of the site for the proposed use(s); 4. Impact on traffic, pedestrian flow and safety and access for emergency vehicles; 5. .Impact on the visual character of the neighborhood; 6. Adequacy of utilities, including sewage disposal, water supply and storm water drainage; 7. Degree to which the proposed project complies with the stated purpose of this bylaw; 8. Impact of the proposal on the existing mix of structures and businesses in the PSMUOD. 5.0 Permitted Uses. Within the PSMUOD, the Planning Board may issue a special permit for the following uses either solely or in combination: 5.1 Residential. 1. Dwelling units located above or adjacent to a building containing non-residential uses. 2. Dwelling units above or adjacent to non-residential uses may be connected for access if both are owned by the same entity and occupied cessary to serve the purposes of this By-Law. 9.3.5 Plans. Unless otherwise provided by rule or regulation of the special Permit Granting Authority, an applicant for a special permit shall submit a plan in substantial conformance with the requirements of Section 9.4, herein. 9.3.6 Regulations. The special permit granting authority may adopt rules and regulations for the administration of this section. 9.3.7 Fees. The special permit granting authority may adopt reasonable administrative fees and technical review fees for applications for special permits. 9.3.8 Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 24 months following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in G.L. c. 40A, s. 17, from the grant thereof) with the Town Clerk. 9.3.9 Priority Development Site(s). An application for a special permit required in connection with the development of a Priority Development Site (PDS) shall be submitted simultaneously with any other permit application(s) required by the Code of the Town of Ashland, including these Zoning By-laws, relating to the use or development of the PDS or the buildings and/or structures located thereon, and not otherwise exempted by G.L. c. 43D, and a decision thereon shall be rendered no later than one hundred eighty (180) days from said date of submittal. Review of an application for a special permit shall be combined with any other review(s) required of the Special Permit Granting Authority (SPGA). Where the Board of Appeals is designated as the SPGA and said other review(s) are required of the Planning Board, or where the Planning Board is designated as the SPGA and said other review(s) are required of the Board of Appeals, all reviews shall occur at joint session(s) of those Boards, when feasible. [Added 5-5-2010 ATM, Art. 17] 9.4 SITE PLAN REVIEW 9.4.1 Applicability. Site plan review shall apply to: 1. The construction of a commercial or industrial structure in the Commercial A, Commercial B or Industrial Zonin t four (4) copies of a site analysis shall be submitted, consisting of one (1) transparent copy of the above plan, and a series of site analysis drawings at the same scale, each on a separate sheet, indicating analysis of hydrologic systems, vegetation cover, slope and land form, soils and geology and such other characteristics as required by the rules and regulations of the Planning Board. 3. Review and decision. Forthwith upon receipt of the application and required plans, the Planning Board shall transmit one (1) copy each to the Board of Health and Conservation Commission. The Board of Health and Conservation Commission shall submit written reports to the Planning Board within thirty-five (35) days of the referral, and the Planning Board shall make no decisions upon the application until receipt of all such reports or until thirty-five (35) days have elapsed since date of referral without such reports. 4. Under this section, the Planning Board shall give consideration to the reports of the Board of Health and Conservation Commission and to the degree to which the proposed development conforms to the intent of the cluster development. 7.3.4 Requirements. A cluster development must conform to the following: 1. An applicant for cluster development consideration, in determining the limit on the number of dwelling units which can be built on a specific tract, must determine the number of lots by the two methods listed below. The numbers of lots shall be determined based on whatever method depicts the least amount of lots. 2. The total number of dwelling units shall not exceed the number for which the tract could have been developed (conventional lots), but for the provisions of this section. The applicant shall present calculations and a scaled drawing depicting a conventional development, for review and concurrence by the Planning Board. 3. The total number of dwelling units shall not exceed that allowed by the following formula concurred with by the Planning Board: [Amended 5-5-2010 ATM, Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by special permit? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, The Planning Board may by special permit grant approval for the construction and occupancy of a cluster development, supplemented by appropriate amenities as agreed to by the owner, on a parcel of land in excess of five (5) contiguous acres located in a Residential Districts. " "[INST] Context: le state and local regulations, and without extraordinary engineering measures. Where the maximum square footage is in doubt, the determination of the Planning Board shall be conclusive for all purposes. 7706 Decision The Planning Board may approve, approve with conditions, or deny an application for an Open Space Commercial Development in accordance with Section 9200 of the Zoning Bylaw (governing special permits). The Planning Board may issue a special permit for an Open Space Commercial Development only if, in addition to other requirements, the applicant shall demonstrate: (1) That the proposed development conforms with the purpose and intent of the Open Space Commercial Development Bylaw. (2) That the proposed buildings are designed in harmony with the natural features of the site. The site plan, to the extent possible, preserves the topography, views, vistas, wildlife habitat, significant trees or stands of trees, wetlands, brooks, waterbodies, historic or archeological sites, trails and cart paths located on the site. (3) That adequate access is provided to the common open space. (4) That the overall design and site plan of the Open Space Commercial Development is superior to that of a conventional subdivision and warrants special consideration for modification of existing standards. (5) That the Open Space is of a size, shape, and dimension suitable for park, recreation, conservation, or agricultural purposes. (6) That the plan complies with applicable Subdivision Rules and Regulations. 7800 Access Through a Commercial District to a Residential District Access through the Business, Business 1, Office Park, or Industrial-Commercial Districts to the Agricultural-Residential District shall only be allowed by Special Permit. The Special Permit Granting Authority for such permits shall be the Planning Board. In granting such permit, the Planning Board shall find that, in addition to the standards set forth in Section 9204 of this Bylaw, there are clear and compelling benefits 4500 Special Permits for Conversions In making its determination with respect to a special permit for the conversion of dwellings in any Agricultural-Residential District, the Special Permit Granting Authority shall, in addition to other requirements specified in Section 9204 of this Bylaw, deny any permit therefor where the conversion would substantially alter the external appearance of the structure from that of a single family dwelling. 4600 Special Permit for Car Sales 4601 General In making its determination with respect to a special permit for ""car sales"" in the Business, Business 1, Office Park or Industrial-Commercial District, the Special Permit Granting Authority shall, in addition to other requirements specified in Section 9204 of this Bylaw find the following: (1) No more than twenty (20) vehicles will be stored or for sale on the site; (2) No cars will be parked in the front yard setback area; (3) Only passenger vehicles or light trucks will be for sale on the site; (4) No large trucks or campers will be for sale on the site; (5) Outdoor display areas contain adequate landscape buffers. 4700 Special Permits for Restaurants In making its determination with respect to a special permit for a restaurant in the Business or Business1 District, the Special Permit Granting Authority shall, in addition to other requirements specified in Section 9204 of this Bylaw, consider each of the following factors before the issuance of a special permit: (1) Suitability of the site for the proposed restaurant. (2) The effect on traffic flow and safety and the impact of traffic on neighboring streets. (3) Compatibility of proposed building design, scale, and size with community & neighborhood character. (4) Adequacy of plans to reduce or eliminate noise, smells, and litter. (5) Sale of food for take out service is expressly prohibited. 4800 Special P on health; (7) Potential fiscal impact, including tax contribution, diminution or enhancement of neighboring property values, and creation of new employment opportunities. 9205 Amendment The Board shall have the power to amend the terms and conditions of a special permit on application of the owner, lessee or mortgagee of the premises or upon its own motion (if such power is reserved by the Board in its original approval). All of the provisions of this paragraph applicable to approval, shall, where apt, be applicable to such modification or amendment. 9206 Conditions Before approving any special permit, the Special Permit Granting Authority may impose conditions, safeguards and limitations on time and/or use to assure that the structure or use proposed shall at all times be in harmony with the general purpose and intent of this Bylaw. 9207 Lapse All special permits shall lapse within two years and including such time required to pursue or await the determination of an appeal under G.L. c. 40A, s. 17 from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permits for construction, if construction has not begun by such date except for good cause. 9208 Recording Upon approval of a special permit, the recipient shall comply with the provisions of G.L. c. 40A, s. 11, regarding recording. Proof of such recording shall be required of the recipient of a special permit prior to the issuance of any building permit or the beginning of construction. 9300 Planning Board Associate The Planning Board and the Board of Selectmen jointly may appoint an associate member as provided for under G.L. c. 40A, § 9. The Planning Board Chairperson may designate an associate member to sit on the board for the purposes of acting on a special permit application in the case of absence, inability to act, or conflict of interest on the part of any member of the Planning Board, or in the event of a vacancy on the board. The t approvals required from local boards or commissions, including, but not limited to, the Board of Health, Planning Board, Conservation Commission and/or Board of Selectmen, have been obtained prior to the issuance, if any, of a special permit. 9204 Decision After a public hearing has been held in the manner provided by G.L. c. 40A, § 9 and 15 and subject to such reasonable rules and regulations as it may adopt relative to the approval of special permits, the Special Permit Granting Authority shall approve, modify and approve, or shall disapprove such application, all in the manner provided by G.L. c. 40A, § 9. Where the application is also subject to site plan approval pursuant to Section 8000 of this Bylaw, and the Planning Board has approved the site plan with conditions, the conditions imposed by the Planning Board shall be incorporated into the issuance, if any, of a special permit by the Board of Appeals. No application for a special permit shall be granted unless the Special Permit Granting Authority shall find that the structure(s) and/or use(s) proposed shall not have adverse effects which outweigh its benefits on either the town or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. The determination shall include consideration of each of the following: (1) Social and community needs which are served by the proposal; (2) Traffic flow and safety; (3) Adequacy of utilities and other public or private services, including storage or disposal of sewage, refuse or other wastes, and drainage and/or retention of surface water; (4) Density of population, intensity of use, neighborhood character and social structures; (5) Impacts on the natural environment; (6) Impacts on health; (7) Potential fiscal impact, including tax contribution, diminution or enhancement of neighboring property values, and creation of new employment opportunities. 9205 Amendment The Boa s and other architectural techniques. The building design shall be responsive to the rural/historic character of the town and the buildings shall be compatible with traditional New England architecture. 4301 Single-Family Dwellings in the Town Center District In order to promote mixed uses in the Town Center District and to discourage the conversion of a majority of undeveloped Town Center land to residential uses, single-family dwellings shall only be permitted by special permit in conjunction with commercial development in a Mixed Use Development. 4302 Applicability The Planning Board shall be the special permit granting authority for single-family dwellings in the Town Center. Single-family dwellings in existence prior to the effective date of this Bylaw shall not be subject to this Bylaw nor shall any extension or alteration to any existing single-family dwelling or a single-family dwelling previously approved under this Bylaw, provided that such extension or alteration complies with the applicable dimensional requirements of the Zoning Bylaw. Building permits for new single-family dwellings may be withheld unless such single-family dwelling complies with the provisions of the Bylaw and any special permit rendered hereunder. New single-family dwellings may only be permitted as part of a Mixed Use Development. Mixed Use Developments may include any use permitted as of right in the Town Center District, or any use for which a special permit has been granted by the Board of Appeals, as well as single-family dwellings. 4303 Criteria Prior to the issuance of a special permit for single-family dwellings in a Mixed Use Development, the Planning Board shall find the following: (1) The proposal is consistent with the Master Plan; (2) The proposal meets all the applicable dimensional requirements of the Zoning Bylaw; (3) The proposed commercial uses are compatible with single-family residential uses; (4) No more than 30 percent of the Gross Floor Area of the Mixed Use development may be used for single-family purposes; ( Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by special permit? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know, There is no mention of cluster or OSRD zoning in the provided excerpt. However, they are not explicitly forbidden, and therefore could be found elsewhere in the by-laws. Therefore, the answer is ""I don't know."" " "[INST] Context: d a new hearing and must be considered as a new appeal. (Code 1965, § 27-48; Ord. No. D74, 7-24-78) Sec. 27-49. Special permits. The board shall hear and decide applications for special permits for special uses as specified in article III, article IV and article XIV of this chapter. The board may issue special permits only following public hearings held within sixty-five (65) days after filing of an application with the board. The board may, in accordance with Chapter 40A of the General Laws, grant special permits for such designated uses without any finding of hardship. In acting upon special permits the board shall take into account the general purpose and intent of this chapter and, in order to preserve community values, may impose conditions and safeguards deemed necessary to protect the surrounding neighborhood, in addition to the applicable requirements of this chapter, such as, but not limited to. the following: a. Front, side or rear yards greater than the minimum required by this chapter. b. Screening of parking areas or other parts of the premises from adjoining premises or from the street by specified walls, fences, planting or other devices. c. Modification of the exterior features or appearance of the structure. d. Limitation of size, number of occupants, method or time of operation, or extent of facilities. e. Regulation of number, design and location of access drives or other traffic features. f. Requirement of off-street parking or other special features beyond the minimum required by this or other applicable codes or regulations. g. Control of the number, location, size and lighting of signs. (Code 1965, § 27-49; Ord. No. D75, 7-24-78; Ord. No. D371, 7-28-95 ARTICLE V. SPECIAL USES Sec. 27-37. Permits for special uses. The board of appeals may authorize the issuance of a special permit for special uses as provided for in Article VII, only in accordance with the following provisions: a. Special uses for which special permits may be issued shall be deemed to be a permitted use, subject to the conditions contained in this article. Any special use permitted as provided for herein shall be deemed a conforming use only as of the time of its actual establishment. b. Each special use shall be considered an individual case and such use shall conform to the standards of this article. In addition to the specific requirements for each of the special uses enumerated elsewhere in this article, the board of appeals shall find that: 1. The special use fully complies with all applicable regulations of this or other city ordinances. 2. The use will be of such location, size and character that, generally, it will be in harmony with the appropriate and orderly development of the zone in which the use is situated and will not be detrimental to the existing neighborhood or orderly development of adjacent properties nor inconsistent with any officially adopted master plan for the city. 3. Adequate ingress and egress from parking areas is so designed as to cause minimum interference with traffic on abutting streets. 4. Such use will also fully comply with the additional standards set forth in section 27-38. c. In the floodplain, watershed and wetlands protection zone such uses must not conflict with the purposes of the zone by reducing water storage capacity, interfering with the natural flow of any watercourse, or otherwise affecting the natural hydrology of an area or endangering the health or safety of the residents thereof. d. Each special permit issued by the Board of Appeals shall lapse within one year from the date of issuance if a substantial use has not commenced prior to the year's expiration without good cause, or in the case of a permit for construction, if construction has not begun by such date except by good cause. (Code 1965, § 27-37; Ord. No. D72, 7-24-78) Sec d (4) That the proposed action, if on a lot of one-half acre or less and is otherwise permitted by this ordinance, is contiguous to and surrounded by lots with existing structures constructed below the base flood level. b. The application for a special permit for an exception shall include a plan prepared and certified by a registered professional engineer or a registered landscape architect or a registered land surveyor. This plan will show all proposed and existing buildings, structures, roads, ways, drainage facilities, and landscape features (including wetlands, trees and the like). The plan will show all existing and proposed finished ground contours at two-foot intervals or at other intervals as the board may require. c. The application for an exception shall also include an environmental assessment review prepared by an environmentally qualified person acceptable to the board. This statement will describe the impact upon the physical environment of the proposed use. d. The board of appeals may waive the requirements of paragraphs b and/or c where it determines that the probable impact upon the physical environment of the proposed use is minimal and that the technical data of a plan and/or environmental assessment review is not necessary to its consideration of the application. Because of the substantial scope, substance and impact of such projects, a waiver will not be granted where the proposed use involves a subdivision of land pursuant to section 81K-81GG of Chapter 41 of the General Laws, construction of multiple-family housing; or business, industrial, transportation or institutional uses. e. The applicant shall provide the board with an original and eight (8) copies of any plan and/or environmental assessment review required under paragraphs b and c above. Upon receipt of the filing, the board of appeals will forward one copy of each document to the inspector of buildings, the highway, sewer and water divisions of the department of public works, the planning office, planning board, the health department and the c lot size derogate from the minimum established in subsection F of this section. (a) The land under construction shall be located on one (1) or more contiguous parcels, whether or not separated by a public or private way, with definite boundaries ascertainable from an allowed recorded deed or recorded plan; 2. [Lot sizes.] Larger lot sizes may be allowed, as determined by the planning board, considering soil conditions, water table and slope conditions; 3. Open space. All remaining land in the development not contained in single-attached dwelling lots, or within rights- of-way and municipal easements, shall be held in common use of the residents of the development and, in some circumstances of the city, as open space, as determined by the planning board, and shall meet the following requirements: (a) All such open space parcels, together, shall equal not less than thirty (30) percent of the total parcel area and shall serve passive recreational purposes; (b) Wetlands, as determined by the conservation commission, shall qualify as open space, if such wetlands are situated in the development perimeter buffering area, or situated as passive recreation areas; (c) Desirable qualities of open space reservations are: Continuity of open space within the development and into existing adjoining developments. Protection of water courses, wetlands and other ecologically sensitive areas. Configuration reflecting landforms and existing vegetative patterns and handicapped accessibility from at least fifty (50) percent of the abutting dwellings. F. Building and dwelling unit requirements. 1. Number of dwelling units permitted. Written computation shall be provided to the planning board, at the time of application submittal, based on a maximum average of five (5) dwelling units per acre of such land dedicated to dwelling unit building lots; with the maximum number of bedrooms in each dwelling unit limited to two (2): the method of distribution of allowable dwelling units per acre shall determine the total num or green space required by chapter 27; (i) Location of parking areas required by chapter 27 and facilities for internal vehicular and pedestrian circulation; (j) Site drainage and supporting data, if required; (k) Location of site utilities and supporting data, if required; (l) Any loading facilities as may be required by chapter 27; (m) Traffic study, if required by the PGA, given the proposed development of the site and the expected traffic impact; (n) Architectural drawing of the proposed building(s) and structure(s), if required by the PGA. (Ord. No. E012, 1-25-01) Sec. 27-89. Criteria for approval. The PGA shall ensure that there will be reasonable use of the site consistent with its underlying zoning subject to the following criteria: 1. Adequate capacity of local streets to accommodate traffic to be generated by the proposed use. In addressing this criteria, the PGA may consider projections of increased traffic volumes due to the proposed development and its impact on existing streets and die ability of the applicants to mitigate the traffic impacts at the site and affected adjacent streets and ways; 2. Adequacy of the public infrastructure to service the area and the immediate vicinity of the site. The public infrastructure includes the city's water, sewer and public safety protection; 3. Protection of adjoining properties against serious detrimental uses by providing for adequate site drainage, offensive sounds and sights and landscaped screening and buffers; 4. Convenience and safety of vehicular and pedestrian movement within the site and location of driveways and adjacent streets; 5. Adequacy of parking and loading arrangements; and 6. Adequacy of the methods for disposal of water, sewerage and refuse and other wastes resulting from the permitted use on the site. (Ord. No. E012, 1-25-01) Sec. 27-89A. Thresholds. 1. All multifamily or apartment development over six (6) units. 2. Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by special permit? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know, There is no mention of cluster or OSRD zoning in the provided excerpt. However, they are not explicitly forbidden, and therefore could be found elsewhere in the by-laws. Therefore, the answer is ""I don't know."" " "[INST] Context: 11.6 Special Permit Use Multi-unit Dwellings of Three Units or More Including STM 9/22/86 A. Purpose: To protect the public interest in preservation of groundwater resources, wetlands, to assure traffic safety, protect and promote land values and to generally provide guidelines that will allow development of multi-family structures without detrimental effect upon the neighborhood in which they are located. B. Special Permit: Except as provided otherwise in this By-Law no multi-family structure shall be USED, CONVERTED, CONSTRUCTED OR RECONSTRUCTED without the issuance of a Special Permit from the Planning Board. STM 10/27/08 C. Special Permit Requirements: Application for special permits for multi-family structures shall be on such forms or in such manner as the special permit granting authority may specify and in accordance with its rules and regulations and shall be submitted together with all required exhibits and site plans. The plans shall include, but not be limited to pertinent information in regard to the following: lot boundaries, names of abutting owners, streets contiguous to the site, vegetation, existing and proposed roadways, existing and proposed buildings, location of sources of water, sewage disposal, parking, ponds, wetlands, known permanent monuments and other cross-sections, profiles and contour maps required to describe the proposal. These plans shall be prepared by a registered engineer. The site plan shall show existing, intermediate and final ground levels with those of adjacent properties and shall indicate natural surface water flows and drainage ditches, if any. The special permit granting authority shall determine that the proposal generally conforms to the principles of good engineering, sound planning and correct land use and that the applicant has the means to implement the proposal if a special permit is granted. Applicants may be required, as a condition to special permit, to guarantee that all conditions and featur land use and that the applicant has the means to implement the proposal if a special permit is granted. Applicants may be required, as a condition to special permit, to guarantee that all conditions and features of the plan are completed by posting a suitable bond or deed covenant. No special permit for the construction of multi-family structures shall be granted unless the special permit granting authority finds the proposal is not contrary to the best public interest of the inhabitants of the Town of Freetown and conforms to the specific requirements as outlined in the following regulations. Once the plans are formally accepted for consideration by the special permit granting authority they will be accepted or rejected within 120 days. Copies of the plan will be referred to the following Boards or individuals within fourteen days for their review and input: Conservation Commission Board of Health Building Inspector/Zoning Enforcement Officer Chief of Police Fire Chief Water Commission Board of Selectmen/ Town Administrator Sewer Commission Highway Department/Public Works Department/Highway Surveyor Comments from these officials must be received by the special permit granting authority within thirty (30) days of the plans' distribution or else the special permit granting authority will assume their acceptance of the plan. Failure of any of these town officials to report on the proposal does not in any way exempt the applicant from compliance with the rules and regulations administered by those boards or individual officials. A public hearing will be held after the time allowed for review by town officials and before a vote relative to approval of the plan. Publication and notices to abutters of the public hearing and costs of conducting the hearing will be borne by the applicant. STM 10/27/08 D. Density: a. The minimum lot area requirement for each apartment building shall be 70,000 square feet for the first unit and 40,000 square permit within a Village should meet the following performance standards: a. Design guidelines: The design guidelines listed in Section 11.18.E.1.a, paragraph 2 have been met to the greatest extent feasible. b. Nuisance: The proposed use(s) will not create a noise, dust, odor or vibration nuisance to abutting properties. c. Parking: The number of parking spaces to be provided shall be as noted in Section 4, Off Street Parking and Loading requirements of the Rules and Regulations of the Planning Board as Special Permit Granting Authority. d. Pedestrian access: Provision for safe and convenient pedestrian access shall be incorporated into plans for new construction and redevelopment of buildings and parking areas. New construction should improve pedestrian access to building, sidewalks and parking areas and should be completed with considerations of pedestrian safety, handicapped access and visual quality. e. Landscaping: 1. A landscaped buffer strip may be required adjacent to adjoining residential uses. This buffer strip shall be planted with a combination of grass, appropriate shrubs and shade trees. 2. Exposed storage areas, machinery, garbage ""dumpsters,"" service areas, truck loading areas, utility buildings and structures shall be screened from the view of abutting properties and streets using plantings, fences and other methods compatible with the goals of this regulation. General performance standards for special permits are found in the Rules and Regulations of the Planning Board as Special Permit Granting Authority. Approval criteria for issuing special permits are found in sub-section H of this zoning bylaw. G. District Regulation: STM 10/27/08 1) Existing Uses and Non-Conforming Uses: The lawful use of any structure or land existing at the enactment or subsequent amendment of this By-Law may be continued although such structure or use does not conform to the provisions of this By-Law, subject, however, to the following exceptions: a.) anting Authority shall have the power to impose reasonable conditions and modifications, including limitations of time and use, as a condition of a Special Permit, and may secure compliance of performance by requiring the posting of a bond or other safeguards. Such conditions shall be imposed in writing and the applicant may be required to post a bond or other surety for compliance with said conditions in an amount satisfactory to the SPGA. 1) Application: Application for Special Permits shall be on such forms or in such manner as the Special Permit Granting Authority may specify and in accordance with its Rules and Regulations, and shall be submitted together with all required exhibits and site plans. 2) Special Permits -Table of Use Regulations: All applications for Special Permits from the Planning Board shall be subject to the procedural requirements established by that Board. Special Permits shall only be issued for uses which are in harmony with the general purpose and intent of this By-Law and subject to its general or specific provisions and only if the Special Permit Granting Authority finds that the following conditions are met: a.) The use is not noxious, harmful or hazardous, is socially and economically desirable and will meet an existing or potential need. b.) The advantages of the proposed use outweigh any detrimental effects, and such detrimental effects on the neighborhood and the environment will not be greater than could be expected from development which could occur if the Special Permit were denied. c.) The applicant has no reasonable alternative available to accomplish this purpose in a manner more compatible with the character of the immediate neighborhood. d.) The design and layout of the proposal assures the protection of adjoining premises against detrimental or offensive uses on the site, including compliance with all dimensional requirements set forth in this bylaw and provisions of adequate landscaping, including the screening of adjacent residential uses, this includes provision of street trees, landscape islands in the parking lots and a landscaped buffer along within five hundred feet of each other: Special permits for Adult Entertainment Establishments may not be located within Five Hundred (500) feet of each other and of any residential zone, single or multiple dwelling, church, park, school, day care facility, or any establishment licensed under the provisions of M.G.L. Chapter 138, §12. b.) Shall not be granted to persons convicted of violating provisions: Special permits for Adult Entertainment Establishments shall not be granted to any person convicted of violating the provisions of M.G.L. Chapter 119, § 63 or Chapter 272, § 28. c.) Issued after a public hearing: Special permits for Adult Entertainment Establishments shall only be issued following public hearings held within 65 days after filing an applications with the Special Permit Granting Authority, a copy of which the applicant shall give to the Town Clerk simultaneously. d.) Shall lapse within one year: A Special permit for Adult Entertainment Establishments shall lapse within one year, including the time required to pursue or await the determination of an appeal filed pursuant to M.G.L. Chapter 40A§ 17, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause. e.) Existing Adult Entertainment Establishments: Any existing Adult Entertainment Establishments shall apply for such permit within ninety days following the adoption of said zoning by-law or by-law by a municipality. 4. COMPLIANCE: a) No building permit shall be issued by the Building Department for any development subject to this section and no construction or installation of utilities or infrastructure shall be started, until a decision of the SPGA approving the plan has been filed with the Town Clerk. b) An as-built plan, as specified under the Rules and Regulations of the Planning Board Governing the Subdivision of Land, certified by a registered professional land surveyor and/or engineer shall be submitted to the SPGA and Building Inspector before the issuance of an occupan Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by special permit? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know, There is no mention of cluster or OSRD zoning in the provided excerpt. However, they are not explicitly forbidden, and therefore could be found elsewhere in the by-laws. Therefore, the answer is ""I don't know."" " "[INST] Context: be allowed. (k) The proposed use is determined to be in harmony with the intent and purpose of the Zoning By-Law. 2. In order to encourage the development of housing units for disabled and handicapped individuals and persons with limited mobility, the SPGA may allow reasonable deviation from the stated conditions where necessary to install features that facilitate access and mobility for disabled persons. 3. Approval for an ADU requires that the owner must occupy one of the dwelling units. The zoning approval and the notarized letters required in 5.2.6.4 (4) & (5) below must be recorded in the Middlesex South County Registry of Deeds or Land Court, as appropriate, in the chain of title to the property, with documentation of the recording provided to the Building Commissioner, prior to the occupancy of the accessory dwelling unit. 4. Prior to issuance of a special permit, the owner(s) must furnish an affidavit, sworn under the pains and penalties of perjury, stating that the owner will occupy one of the dwelling units on the premises as the owner's primary residence, except for bona fide temporary absences. 5. When a structure, which has received a special permit for an accessory dwelling unit, is sold, the new owner(s), if they wish to continue to exercise the Special Permit, must, within thirty (30) days of the purchase, submit a notarized letter to the Building Commissioner stating that they will occupy one of the dwelling units on the premises as their primary residence, except for bona fide temporary absences. 6. Prior to issuance of a special permit, a floor plan must be submitted showing the proposed interior and exterior changes to the building. 5.2.6.5 Administration and Enforcement 1. It shall be the duty of the Building Commissioner as Zoning Enforcement Officer to administer and enforce the provisions of this Bylaw. 2. No building shall be changed in use or configuration, until the Building Commissioner has issued a permit. No permit shall be issued until a sewage disposal works permit, when app , safety precautions and surfacing material. d) A topographical map, if required. e)There shall also be shown on said chart additional information, if any, necessary for the Planning Board to determine compliance with this Bylaw. 5.2.5 Additional Uses Allowed By Special Permit in the Mobile Home SB-2 District subject to the following conditions: 5.2.5.1 Mobile Home Parks, provided that a)Mobile homes shall each be located on a lot with a minimum area of five thousand (5,000) square feet. b) Each individual mobile home lot shall have a minimum frontage of fifty (50) feet measured either at the front lot line or at the set back line. c) No mobile home or part thereof shall be erected or altered to within thirty (30) feet of the front lot line, except on a corner lot and in such case no mobile home or part thereof shall be erected or altered to within fifteen (15) feet of the front lot line nor within ten (10) feet from the interior lot line having the greatest dimension. d) No mobile home or part thereof shall be erected or altered to within ten (10) feet of the rear lot line. e) No mobile home or part thereof shall be erected or altered to within ten (10) feet of the side lot line. f)No mobile home shall have a floor area of less than three hundred fifty (350) square feet. 5.2.6 Accessory Dwelling Units 5.2.6.1 Purpose and Intent: The intent of allowing accessory dwelling units is to: 1. Preserve the residential character of a neighborhood. 2. Add moderately priced rental units to the housing stock to meet the needs of smaller households and make housing units available to moderate income households who might otherwise have difficulty finding housing; 3. Develop housing units in single-family neighborhoods that are appropriate for households at a variety of stages in their life cycle; 4. Provide housing units for persons with disabilities; 5.2.6.2 Definitions: 1. ACCESSORY DWELLING UNIT (ADU) : A self-contained housing uni han four (4) residential lots 5) MODERATE INCOME HOUSEHOLD These households shall be defined as those in the ""Low Income"" affordability range as published annually by the Department of Housing and Urban Development (HUD). 6) SOFT STORMWATER MANAGEMENT TECHNIQUES Non-structural stormwater management techniques that use passive surface pre-treatment of stormwater in conjunction with decentralized recharge to achieve a low-impact design that attempts to mimic pre-development hydrologic conditions to the greatest practicable extent. 5.6.2 Applicability 1) Any Major Residential Development may be permitted by issuance of a Special Permit from the Planning Board for OSRD in accordance with this bylaw. 2) Developments of 4 lots or smaller may also apply for an ORSD Special Permit subject to the following criteria: a) Contiguous Parcels. To be eligible for consideration as an OSRD, the tract shall consist of a parcel or set of contiguous parcels. The Planning Board may determine that two or more parcels separated by a road or other man-made feature are ""contiguous"" for the purpose of this section, if they will serve as a singular resource and effectively satisfy the Purpose and Intent of this bylaw as listed in Section 5.6.1. b) Land Division. To be eligible for consideration as an OSRD, the tract may be a subdivision or a division of land pursuant to G.L. c. 41, § 81P provided, however, an OSRD may also be permitted when the property is held in condominium, cooperative ownership or other form where the property is not subdivided. 5.6.3 Pre-application 1) Conference. The applicant is very strongly encouraged to request a pre-application review at a regular business meeting of the Planning Board. If one is requested, the Planning Board shall invite the Conservation Commission, Board of Health, Department of Public Works, Fire Chief, Police Chief and Building Commissioner. The purpose of a pre-application review is to minimize the applicant's costs of engineering a ation to what is occurring on adjacent properties. b) Existing Conditions/Site Analysis Map. This map familiarizes officials with existing conditions on the property. Based upon existing data sources and field inspections, this base map shall locate and describe noteworthy resources that could be protected through sensitive subdivision layouts. These resources shall include wetlands, riverfront areas, floodplains and steep slopes, but may also include mature nondegraded woodlands, hedgerows, farmland, unique or special wildlife habitats, historic or cultural features (such as old structures or stone walls), unusual geologic formations and scenic views into and out from the property. Where appropriate, photographs of these resources should accompany the map. By overlaying this plan onto a development plan, the parties involved can clearly see where conservation priorities and desired development overlap/conflict. c) Other Information. In addition, applicants are encouraged to submit the information set forth in 5.6.5(1) in a form acceptable to the Planning Board. 3) Site Visit. Applicants are encouraged to request a site visit by the Planning Board and/or its Agents in order to facilitate pre-application review of the Special Permit. If one is requested, the Planning Board shall invite the Conservation Commission, Board of Health, Department of Public Works, Fire Chief, Police Chief and Building Commissioner. 4) Design Criteria. The design process and criteria set forth below in Sections 5.6.6 and 5.6.7 should be discussed by the parties at the pre-application conference and site visit. 5.6.4 OSRD Application for Special Permit The Planning Board, acting as the Special Permit Granting Authority (SPGA), may authorize an OSRD Special Permit pursuant to the procedures outlined below. 1) Application. An application for the Special Permit shall be submitted on the form(s) provided by the Planning Board as most recently amended. Applicants for OSRD shall also file with the Planning Bo rements and related requirements of such district. b) Multiple dwellings, subject to the following conditions and requirements: 1) The lot of land shall have a total area based on a minimum land area requirement of six thousand (6000) square feet for each dwelling unit to be located on the lot. The maximum coverage of the lot by all buildings and structures shall be twenty (20%) percent of the total lot area and the minimum landscaped area shall not be less than twenty-five (25%) percent of the lot area. 2) No entrance to a building shall be further than one hundred (100) feet from an access street or an access drive, or further than two hundred and fifty (250) feet from an off street parking area. 3) The maximum height of building shall be forty (40) feet. 4) No portion of any enclosing wall of any building and no portion of any permissible structure shall be nearer to the street line of an existing public or private way than fifty (50) feet nor nearer the side lot line than thirty (30) feet nor nearer the rear lot line than thirty (30) feet. 5) No building in a group shall be closer to any other building on the lot or adjacent lot than a distance of fifty (50) feet. 6) There shall be provided a permanent off-street parking area, indoors and/or outdoors sufficient in size to allow two and one-half (2.5) parking spaces for each dwelling unit to be accommodated. 7)There shall be submitted a plan to the Planning Board for approval before a building permit shall be issued of the proposed parking facilities on which shall be shown the design of the proposed project and a chart showing: a) Area of lot. b) Area of buildings. c) Number of parking spaces to be provided, and their proposed layout including access, circulation and maneuvering space, safety precautions and surfacing material. d) A topographical map, if required. e)There shall also be shown on said chart additional information, if any, necessary for the Planning Board to de Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by special permit? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, The Planning Board, acting as the Special Permit Granting Authority (SPGA), may authorize an OSRD Special Permit pursuant to the procedures outlined below. OSRD is commonly known to stand for ""Open Space Residential District,"" so it is fair to conclude that they are permitted by special permit in Hudson. " "[INST] Context: or both, than normally required. For this purpose, a cluster development is a division of not less than five (5) acres of land into lots used, or available for use as building sites, where said lots are clustered together and where there is provision of open space in common or public ownership. The planning board shall be the special permit granting authority for the cluster permit (b) Purpose: The purposes of this provision of the ordinance allowing cluster developments are as follows: (1) To promote efficient subdivision of land, in harmony with its natural features and with minimal excavation and earth removal activities. (2) To preserve in their unaltered state unique or unusual natural features of the land to be developed especially where such features are not afforded protection under some other local, state or federal regulation or private deed restriction. Such natural features include but are not limited to: Science vistas and scenic road views; woodlands and site vegetation, especially where such natural vegetative cover serves to buffer new developments from established neighborhoods; slopes over fifteen (15) percent and rock outcroppings; natural drainageways, stream banks, wetlands, and floodplains; aquifer recharge areas for public or private water supplies; wildlife habitat and vegetation, especially of rare or endangered species. (3) To provide suitable open space and facilities for active or passive recreation. (4) To provide open space as a buffer, where desirable and appropriate, between new developments and established neighboring uses. (5) To promote affordable housing in the city. (c) Minimum requirements: Such a cluster development containing lots with less than the minimum area or frontage or both may be permitted provided that: (1) Maximum number of lots in a cluster development shall be determined by taking total land area of the subdivision, exclusive of existing and proposed roads and other land areas not available to the developer for building because of local, state, or federal t a scale of not less than forty (40) feet to an inch and shall include as necessary or applicable for each special permit use the following: (a) The extent of the site with all lot lines identified by metes and bounds; (b) Names of owners and abutters as shown on most recent real estate tax list (c) Sizes and locations of existing and proposed structures and any adjacent structures within fifty (50) feet of the site and including proposed structures and any adjacent structures within fifty (50) feet of the site and including proposed type of construction and proposed building materials; (d) Existing and proposed contours at two-foot intervals; (e) Number and location of proposed parking spaces; (f) Sizes and locations of water, sewerage and drainage systems; (g) Driveways and vehicular circulation providing access to and egress from the site; (h) Walks and recreation, open space and conservation areas; (i) Land uses, both existing and proposed; (j) Landscaping and site development details including walls, fences, outdoor lighting and ground surface materials; (k) Bounding streets and any unused or unique natural features of public areas in the immediate vicinity; and (l) If an applicant or predecessor in title has previously filed a site plan with the permit granting authority regarding the subject parcel of land and/or building and use, no additional site plan shall be filed in the event the application refers only to a change in use. (Ord. of 5-104, §§ 19-21) 4.4.3 Reserved. 4.4.4 Cluster development requirements. (a) Definition: Single detached one-family dwellings may be constructed on certain lots in a cluster development in the following zones: R 1, R 1A, R 113, R 2, R-3, and R-4 as hereinafter defined and limited, although such lots have less area or frontage, or both, than normally required. For this purpose, a cluster development is a division of not less than five (5) acres of land into lots used, or available for use as building sites, where said lots are cluste age, public access, quality and other pertinent site characteristics. (5) The need for preservation of open space for scenic value shall be determined by the special permit granting authority based on its knowledge of the site of the proposed cluster development and comments received by the authority during the plan review and public hearing process. The suitability of common land intended for scenic value shall be determined by the following criteria a. Its visibility from a significant number of buildings or length of private or public streets; or b. The vistas such common land affords of significant or unusual: 1. Landforms, 2. City scopes, 3. Historical sites, or 4. Buildings. The special permit granting authority may impose restrictive covenants protecting such scenic areas or allowing access to such areas. (6) The need for provisions of common land to act as an open space buffer, insulating existing developments from the cluster development shall be determined by the special permit granting authority based on the purposes of this ordinance and upon its knowledge of the site and comments received during the plan review and public hearing process. The suitability of common land intended for such buffers shall be determined by the special permit granting authority based on its consideration of a variety of factors, including: a. The viewing distance and slope between the new buildings of the proposed cluster and the existing buildings of abutting properties; and b. The width and quality o f intervening buffer land; and c. The height of post development trees, shrubs, fences or other man-made screens all as proposed by the developer or as may be required by the special permit granting authority. (e) Application requirements: Applications for special permits for clusters shall include, in addition to all the data listed as (a) through (1) and information required under section 4.4.2, the following: (1) Wetland areas; (2) Lands included in the wetlands /floodplain conservancy district as defined in 4.4.3 of this ordi nt can be built. (f) [Permit, authorization.] A special permit for a cluster development issued hereunder by the special permit granting authority is an authorization for the use of lots which have less than the normal minimum area or frontage or both. (Ord. of 5-10-84, § 24; Ord. of 8-25-88, § 1) 4.4.5 Public housing/low-moderate income requirements. (a) There shall be a minimum lot area of eight thousand (8,000) square feet for each public housing/low-moderate income site. (b) The minimum area of land required per dwelling unit in each of the districts of the city in which a special permit may be granted shall be as follows: Residence District,Land Area Required Per One or Two Bedroom Dwelling Unit,Land Area Required Per Three or More Bedroom Dwelling Unit Residence R-1,""4,500 square feet"",""5,250 square feet"" Residence R-1A,""4,500 square feet"",""5,250 square feet"" Residence R-2,""3,000 square feet"",""3,700 square feet"" Residence R-3,""3,000 square feet"",""3,700 square feet"" All other zoning districts are to be the same as Residence R-3. The bedroom distribution of a public housing/low-moderate income development shall be determined by the Peabody Housing Authority and shall be that which is most compatible with the surrounding neighborhood and best meets the needs of the city at that location. (c) There shall be a minimum street frontage of seventy-five (75) feet per development. (d) In residence, R1, R 1A, R 2, R 5 and PRD districts, the maximum lot coverage shall not exceed thirty-five (35) percent of the total land area. In residence R 3 and R4 and in Business Districts the maximum lot coverage shall not exceed fifty (50) percent of the total land area. (Ord. No. 10-11-84, § 11) (e) Not less than thirty (30) percent of the land area in a single development shall be free from structures, streets, parking areas, drives, walkways and other constructed approach or service areas and shall be attractively landscaped and maintained. The landscape requirements of section 6.5.5 (b) shall govern projects approved und . (7) All common land hereunder shall be held in common ownership by the owners of lots within the development. In the case of ownership by a separate legal entity, the developer shall include in the deed to the owners beneficial rights in said common land. Maintenance shall be the responsibility of the owners. A permanent conservation easement shall be conveyed to the City of Peabody prohibiting development of said common land and the erection thereof any structures other than for the noncommercial, recreational use of the residents of the cluster development All common or public open space land shall have adequate access to a public way. (d) Review criteria: In reviewing the application for a special permit for a cluster development, the special permit granting authority shall consider the following in its decision. (1) The extent to which the plan for the cluster development is consistent with the purposes of this section of the ordinance. (2) The extent to which unique or environmentally important features of the development site, especially those not afforded protection under some other local, state or federal regulation as set forth in subsection 4.4.4 (b) (2) of this ordinance, have been adequately described in the site plan submitted with the special permit application and have been incorporated, to the maximum extent feasible, as permanent open space of the cluster. (3) Individual lots, buildings, and streets are designed and situated to minimize alteration of the natural site features and the need for excavation, cut and fill, or other types of earth moving operations. (4) That the location and quantity of any portion of the common land intended for active or passive recreational uses, as those uses may be set forth by the special permit granting authority, is adequate in terms of size, topography, drainage, public access, quality and other pertinent site characteristics. (5) The need for preservation of open space for scenic value shall be determined by the special permit granting authority based on its Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by special permit? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Yes, the city of Peabody allows cluster developments through a special permit process. Cluster developments are defined as divisions of at least five acres of land into lots used or available for use as building sites, where said lots are clustered together and provide provision of open space in common or public ownership. The purpose of allowing cluster developments is to promote efficient subdivision of land, preserve unique natural features, provide suitable open space and facilities for active or passive recreation, and promote affordable housing." "[INST] Context: to approve any related plan for subdivision, nor reduce any time periods for Board consideration under the law. However, in order to facilitate processing, the Planning Board may, insofar as practical under existing law, accept a combined plan and application which shall satisfy both this section and the Board's regulations under the Subdivision Control Act. 7350. Conditions. Where a special permit for multifamily residential development is granted which is not subject to subdivision control, the Planning Board shall impose all or such part of its subdivision control requirements as it deems advisable as conditions upon its permit, including but not limited to the construction of roads and driveways, drainage facilities and other facilities and utilities, and shall require a bond or covenant in the manner prescribed in the subdivision regulations to secure performance of the entire plan for multifamily residential development as approved for special permit. 7400. TRAILERS 7410. General No person shall use or permit to be used for dwelling purposes within the town any trailer or similar mobile equipment, whether registered or unregistered, mobile or immobile, except that mobile trailers may be used for temporary dwelling purposes, provided that such use is licensed by the Selectmen, said license to be applied for by the occupant within three days after the unit is located in the town and with no license granted hereunder to be for a period exceeding six calendar months. 7420. Preexisting Trailers. The above restrictions shall not apply to trailers which are presently or are hereafter placed in any trailer park already in existence in the town or to any existing trailer presently being used for dwelling purposes, which trailers shall be subject to and limited by licenses, if any, presently in effect. 7421. Such trailers may be replaced by a trailer not more than 20% larger in volume than the lawfully preexisting trailer. 7500. REAR LOTS 7510. General In a Rural, Town Suburban or Recreational Residential District, a building and occupancy permit for one (1) single family dwelling unit may be issued notwithstanding the minimum frontage requirements set forth in Section 4000, subject to the site's perimeter, and may be in more than one (1) parcel, provided that the size, shape and location of such parcels are suitable for the designated uses. Contiguous shall be defined as being connected. Open space will still be considered connected if it is separated by a roadway or accessory amenity. Ownership and Management of the Open Space. The land set aside as common open land shall be owned and/or managed by one (1) of the following arrangements, as shall be determined by the Planning Board: Conveyed to an association, corporation or trust owned or to be owned by the owners of lots within the development. If such association is utilized, ownership thereof shall pass with conveyances of the lots in perpetuity. Conveyed to the town, at no cost, and accepted by it for park or open space use. Such conveyance shall be at the option of the town and shall require the acceptance of the land by the Conservation Commission and the approval of the Board of Selectmen. Conveyed to a nonprofit organization, the principal purpose of which is the conservation or preservation of open space. In any case where such land is not conveyed to the town, a conservation restriction, enforceable by the town under MGL Ch. 184, Sections 31-33, shall be required ensuring that such land shall be kept in an open or natural state and not be built upon for residential use or developed for uses such as parking or roadways. Such restrictions shall further provide for maintenance for the common land in a manner which will ensure its suitability for its function, the appearance, cleanliness, proper maintenance of drainage utilities and the like, and empower the town to perform maintenance in the event of failure to comply with the program, and including a provision that the owners of lots or units within the cluster development shall pay the cost thereof and that the cost shall constitute a lien upon their properties until said cost has been paid. This restriction shall be recorded within sixty (60) days of the granting of the special perm parking is shown and the standards for a special permit are met, provided that the floor area of the resulting building is no greater than it would be if there were no special permit. 4220. Minimum Lot Width in Residential Districts. The minimum width of any lot in a residential district between the dwelling and the lot frontage shall be no less than forty (40) feet. 4230. Lot Shape The following rules apply to lot shape: 4231. In all residential districts, the required minimum lot frontage shall be maintained into the lot at least as far back as the required minimum front yard for the applicable district. 4232. If the width of a lot narrows to less than fifty percent (50%) of the width of the frontage within the first one hundred fifty (150) feet of the lot depth, the dimensional controls for a rear lot as set forth in Section 7500 shall apply. 4233. At no point shall the lot width measure less than forty (40) feet. 4234. The shape of all lots shall conform to the following requirement: 1. 16A > 0.4 2. P2 3. Where: 4. A = the lot area in square feet 5. P = the lot perimeter in feet. 4235. This formula may be applied to a lot which conforms to all requirements of Section 4000, including, but not limited to frontage, lot area, a minimum of 30,000 contiguous square feet of land exclusive of wetland and flood hazard areas and, when applicable, any requirements of Section 8100. 4240. Residential Use in Commercial or Industrial District A residential use hereafter located in a commercial or industrial district shall conform to the dimensional requirements of the nearest residential district except dwelling units above the first floor as allowed in the Commercial District. 4250. Special Permit; Eminent Domain. Where an action in eminent domain results in a lawfully preexisting building lot being rendered nonconforming, the Board of Appeals may grant a special permit to allow such lot may be built upon thereafter, provided that such lot has 100 feet of remaining frontage and a minimum area of 10,000 square feet. 4300. SPECIAL PERMIT TO VARY HEIGHT LIMITATIONS 4310. ither unit is owner-occupied. 3433. Not more than one accessory apartment may be established on a lot. The accessory apartment shall not exceed 800 sq. ft. in gross floor space and shall be located in the principal residential structure on the premises; 3434. The external appearance of the structure in which the accessory apartment is to be located shall not be significantly altered from the appearance of a single-family structure. 3435. Sufficient and appropriate space for at least one (1) additional parking space shall be constructed by the owner to serve the accessory apartment. Said parking space shall be constructed of materials consistent with the existing driveway and shall have vehicular access to the driveway. 3440. Decision. Special permits for an accessory apartment may be granted by the Board of Appeals upon a finding that the construction and occupancy of the apartment will not be detrimental to the neighborhood in which the lot is located and after consideration of the factors specified in Section 9300 of this Zoning Bylaw, governing special permits. 3500. NONCONFORMING USES AND STRUCTURES 3510. Applicability. This Zoning Bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which this Zoning Bylaw, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder. 3520. Nonconforming Uses. The Board of Appeals may issue a special permit to change a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Board of Appeals: 3521. Change or substan be governed by the procedures set forth for special permits in G.L. c. 40A, ss. 9 and 11. A public hearing shall be required. The decision of the Planning Board shall be upon a majority of those present and shall be in writing. No building permit or certificate of occupancy shall be issued by the Building Commissioner without the written approval of the site plan by the Planning Board, or unless 90 days lapse from the termination of the public hearing without action by the Planning Board. 9430. Coordination with Other Permits. 9431. Application for Building Permit. An application for a building permit to perform work as set forth herein available as of right shall be accompanied by an approved site plan. 9432. Application for Special Permit or Variance. An application for a special permit or a variance to perform work as set forth herein shall be accompanied by an approved site plan; in the alternative, any special permit or variance granted for work set forth herein shall contain the following condition: The work described herein requires the approval of a site plan by the Planning Board pursuant to Section 9400 of the Zoning Bylaw. Any conditions imposed in such site plan approval shall also be conditions of this special permit/variance. 9433. Where the Planning Board serves as the special permit granting authority for proposed work, it shall consolidate its site plan review and special permit procedures. 9434. The applicant may request, and the Planning Board may grant by majority vote, an extension of the time limits set forth herein. 9435. No deviation from an approved site plan shall be permitted without modification thereof. 9440. Pre-application Sketch Applicants are invited to submit a pre-application sketch of the proposed project to the Planning Board and to schedule a comment period at a regular meeting of the Planning Board. 9450. Submittal Requirements 9451. Minor Site Plans. Minor site plans may be required to contain all of the information required by this section; provid Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by special permit? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know, There is no mention of cluster or OSRD zoning in the provided excerpt. However, they are not explicitly forbidden, and therefore could be found elsewhere in the by-laws. Therefore, the answer is ""I don't know."" " "[INST] Context: one or more groups separated from adjacent property and other groups within the development by intervening open land, unless deemed otherwise by the special permit granting authority. A.residential cluster development shall conform to the following conditions: 1. Contain a minimum tract size of ten (10) acres in the RA, RB and RC Districts, and five (5) acres in the RD District. 2. The number of dwelling units shall conform to the existing density allowed in the corresponding zoning district after subtracting the area which contains wetlands as delineated by Conservation Commission. 3. A minimum of 40% of the total land area of the development shall be dedicated as common open space; no more than 25% of the land required as common open may be wetlands as defined in MGL Ch. 131, Section 40, or waterbodies. 4. There shall be a minimum width of 50 feet of buffer area between attached cluster buildings, and a minimum width of 50 feet of buffer area between attached clusters and the abutting property lines or street. These buffer areas shall provide suitable landscaping to screen and cluster buildings from each other, abutters, and streets year round. C. Required Open Land 1. At least 40% of the tract (exclusive of land set aside for roads and parking-) shall be open land. At least 75% of the open land shall be suitable for passive or active recreations use, and shall not be wetlands or land subject to seasonal flooding. 2. The open land, and such other facilities as may be held in common, shall be conveyed to one of the following, as determined by the Planning Board, subject to the following guidelines. In general, valuable natural resource land, such as wetlands not suitable for any public use or suitable for extensive public recreational use, should be conveyed to the Town or to a trust: whereas land which will be principally used by the residents of the cluster should be conveyed to any of the following: a. To a corporation or trust comprising a home association whose membership includes the owners of of open space. The developer or charity shall grant a conservation restriction as set out in (a.) above. c. To the Town for park or open space use, subject to the approval of the Selectmen and Town Meeting, with a trust clause ensuring that it be maintained as open space. 3. Open space shall be restricted to recreational uses such as parks, playgrounds and conservation areas and shall not be built upon except as approved by the Planning Board. Only structures incidental for recreation, conservation or parks shall be allowed subject to approval by the Planning Board. These restrictions shall run with the deed in perpetuity. 4. All open space areas shall have dry access to the street suitable for use by maintenance and emergency vehicles. 5. The applicant shall submit a plan for maintenance of the open space area. 6. The applicant shall give evidence that a functional relationship exists between the open land and the proposed clusters. Such land shall be of such size, shape, dimension, character, and location as to assure its utility for park conservation or recreation purposes. E. Lot and Yard Requirements 1. Attached cluster units shall not exceed a total of four (4) units per building in the RA and RB districts and six (6) units per building in RC and RD districts. 2. These attached units, if designed as part of an association under single joint ownership, shall only meet the lot and yard requirements within this section. Density shall follow guidelines set forth in Section B.3 of this bylaw. 3. Detached cluster units shall conform to 2.6 except for the lot and yard requirements provided below: Minimum Lot Requirements,""RA, RB, RD"",RC Area (sq. ft.),""20,000"",N/A Width (ft.),80,N/A Frontage (ft.),80,N/A 4. No building shall exceed two (2) stories. F. Administrative Procedures The Planning Board, as the Special Permit Granting Authority (SPGA), shall adopt rules relative to the issuance of special permits and file a copy with the Town Clerk. The Planning Board shall no (11) Community Building: Within the SHD, there shall be a community building (s) and, recreational facilities, which shall be available to all residents and their guests. The size of the building is to be a minimum of 2,000 sq/ft. Use of the community building(s) or facilities is specifically limited by this by-law to uses that will service the residents within the SHD. All uses within the development shall be delineated as part of the Special Permit application and must be specifically approved by the Planning Board as an integral part of the Special Permit. (12) Business: Within-the SHD, no business of any kind is to be conducted unless specifically authorized by the Special Permit herein granted. (13) Other Facilities - All facilities for utility services, drainage, lighting and signage shall be in accordance with requirements established by the Planning Board, consistent with applicable provisions of the Zoning Bylaw and the regulations governing subdivisions, as the same may be waived or modified by the Planning Board to meet site conditions and design requirements. E. Special Permit Conditions (1) The Planning Board shall, as a Permit condition, require that all proposed condominium by-laws or SHD community regulations which may be relevant to the issuance of the permit, including but not limited to bylaw provisions prohibiting the presence of children residing in the SHD community and limiting or prohibiting the presence in the SHD community of boats, boat trailers, or recreational vehicles, be made a part of the Special Permit, and that any change to or failure to enforce said provisions shall be violation of said Special Permit. (2) The Planning Board may, as a Permit condition, require that the proposed SHD community be constructed entirely on one (1) lot, and that, from and after the date of the issuance of the building permit for said SHD community or any portion thereof, no subdivision of said lot shall be allowed without the express approval of the Planning Board; provided, however, that the recording of a condominium rovisions relating to operational standards and permit procedures shall apply. G. Performance Bond: The Board of Appeals shall require that a performance bond, of a surety company authorized to do business in the Commonwealth of Massachusetts, be posted, in an amount determined by the Board of Appeals, as sufficient to guarantee conformity with the provisions of any permit issued hereunder. Cash may be deposited with the Treasurer of the town, to be held by the town as surety, in an amount equal to the surety required, in place of a bond. Such bond, and/or cash, shall not be released until there is filed with the Board of Appeals a certification from a registered engineer and an approval from: the Planning Board and the Zoning Enforcement Officer (Building Inspector) that the site conditions at the completion of all work are in accordance with the requirements of the permit. (Amended STM 10/13/94) 2.13.0 Residential Cluster Development A. Statement of Purposes: A residential cluster development may be authorized by special permit in the Town of Plainville in order to achieve the following objectives: 1. Flexible and sensitive site design; 2. Promotion of measures to ensure compatibility of growth and sensitivity to the natural environment; 3. Enhancement of residential and community amenities by provision of open space; 4. Promotion of economical and efficient use of roads, water and sewer lines and other related infrastructure; 5. Promotion of diverse and energy-efficient housing at a variety of costs; and 6. Protection of water bodies and supplies, wetlands, floodplains, agricultural lands, wildlife, and other natural resources. B. Definition and Applicability: Residential cluster development means a residential development in which the buildings and accessory uses are clustered together into one or more groups separated from adjacent property and other groups within the development by intervening open land, unless deemed otherwise by the special permit granting authority. A.residential clus es of such club. Does not include golf clubs or sportsmen's clubs elsewhere defined, or clubs or organizations whose chief activity is a service customarily carried on as a business. CLUSTER DEVELOPMENT - An option which permits an applicant to build single family attached and detached units with reduced lot area and frontage requirements, so as to create a development in which the buildings and accessory uses are clustered together into one or more groups with adjacent common open land. (Amended at Annual Town Meeting, 1989.) CONTRACTOR'S YARD - Premises used by a building contractor or subcontractor for storage of equipment and supplies, fabrication of sub-assemblies, and parking of wheeled equipment. COVER - Naturally occurring vegetation: trees, shrubbery, and plant life. DEVELOPMENT - means any manmade change to improve or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. (Amended at Special Town Meeting, October, 1990) DISPOSAL - The deposit, injection, dumping, spilling, leaking, incineration or placing of any hazardous material into or on any land or water so that such hazardous material or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater. (Amended at Annual Town Meeting, 1989.) DWELLING - A building designed or used exclusively as the living quarters for one or more families. DWELLING, ATTACHED RESIDENTIAL CLUSTER - Two (2) or more attached dwelling units, each having individual entrances. (Amended at Annual Town Meeting, 1987.) DWELLING CONVERSION - Change in construction or occupancy of a dwelling to accommodate families in addition to the number by which it was previously occupied. Dwelling, Detached Residential Cluster - A dwelling unit having reduced yard, frontage, and area requirements and a provision for open space as conditions of a special permit. (Amended at Annu Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by special permit? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, A residential cluster development must conform to conditions and requires the submission of plans before permission can be given by the Planning Board. This means that they are allowed by special permit, but not as of right. " "[INST] Context: for a mix of uses including commercial uses of a light intensity, clean operational nature, residential uses and compatible industrial uses. The special permit mechanism is provided to allow for a broader range of retail, service and other commercial uses. The special permit mechanism will also allow for establishment of heavier industries which would not be detrimental to the waterfront activities or other uses in the zone or to adjoining zones by reason of their location within the district, special site characteristics and safeguards or for other reasons which can best be determined on a case-by-case basis. The special environmental design conditions for certain uses are intended to insure proper emphasis on pedestrian environment and its separation from industrial traffic, adequate pedestrian links between proposed development and surrounding properties, and high standards of the planning and architectural design which are compatible with the existing surroundings. Consistent with the mixed use character of this district, all lots within this district greater than five acres in area which were existing prior to the effective date of this Zoning Bylaw and not devoted to single family residential use shall be subject to the following planning guidelines: not more than 50% of the total gross floor area of all structures existing from time to time on all lots within the district (taken in the aggregate) shall be devoted to retail uses, and not more than 30% of such total gross floor area shall be devoted to residential uses. B) Allowed Uses. 1) Light manufacturing processing, and assembly in enclosed buildings; 2) Tracking and freight terminals or depots; 3) Wholesaling, warehousing and distribution facilities; 4) Professional and other offices (including outpatient medical clinics and similar facilities), laboratories and research facilities: 5) Boat sales, service, rentals, ramps and docks; commercial sightseeing or ferrying; 6) Marine railways, repair yards, storage yards, marine supply outlets; 7) 3) Subsequent to the issuance by the Board of Appeals of a Special Permit for a P.I.J.D. Master Plan, special permits for phases thereunder shall be issued by the Board of Appeals, provided that such application for special permits for phases are consistent with the provisions of the Special Permit for the P.U.D, Master Plan and this Section 310. I) Modifications to Environmental Design Conditions. In a High Technology Planned Unit Development, the following modifications to Environmental Design Conditions shall apply: 1) Notwithstanding the provisions of Section 205.03(C)(1) and 205.03(C)(3), plans may be drawn to the scale of no greater than 1"" = 400' where practical and appropriate to the size of the proposal, and locus maps may be drawn to the scale of no greater than 1"" = 100,000'. 2) Notwithstanding the provisions of Section 205.03(C)(2), topography way be shown at no greater than five (5') foot contour intervals, and tree depiction and photograph sizes shall be as practical and appropriate to the size of the proposal. 3) Notwithstanding the provisions of Section 205.03(C)(4), plans submitted in connection with a Master Plan Special Permit shall contain a level of detail consistent with a master plan perspective, and shall not be required to indicate the precise location or contain all the elements otherwise required under Section 205.03(C)(4). The requirements of Section 205.03(C) (4) shall be met as a condition of issuance of a special permits for each phase of an approved P.U.D. Master Plan. J) Other Requirements. 1) Waivers with respect to dimensional and similar requirements in a P.U.D., or any other section of the Zoning Bylaw which may be incorporated by reference into this Section 310, may be authorized by the Board of Appeals in the special permit for the P.U.D. Master Plan and/or in the special permit for any phase of the P.U.D. upon a demonstration that the proposed waiver or modification is of high standards and that any departure from the general criteria will not violate the intent established in specified zones by special permit, provided that all proposed PUD'S shall comply with all requirements prescribed herein and with the standards of environmental design review. Table 3 prescribes type of PUD, minimum. size, maximum overall density, and minimum lot size allowed in each zone. Table 4 prescribes intensity of use and dimensional requirements Within the maximum density or intensity of use requirements, any combination of authorized uses may be permitted in accordance with other planning and design principles prescribed hereinafter. Where land falls in two or more zoning districts, overall density shall not exceed the total of densities allowed in each district, provided that portions of the development in different districts shall generally follow the respective intensity regulations intended for each district. In calculating intensity of use and allocation of open space, the following procedures shall be used: A) Non-residential land uses shall be subtracted from the total land area before calculating residential densities. B) Water areas or inaccessible wetland areas which are greater than one (1) acre in area or seventy-five (75) feet in least dimension shall be subtracted from the total land area before calculating densities, except that twenty-five (25) percent of such areas greater than one (1) acre but smaller than (10) acres may be counted as part of the common open space under ""D"". C) Roads shall be subtracted from total area in determining net densities. For preliminary and general planning purposes, roads may be estimated as fifteen (15) percent of total area. For definitive plans of areas, all lot sizes and densities of clusters as specified in Table 4 shall be net figures with rights-of-way for streets figured exactly. D) Areas which are considered by the Board of Appeals as marginal or unsuitable for bu ng plans. c. The general land area, number of buildings or units within buildings and approximate floor area ratio shall be specified for the total site, for all common land, and for each area devoted to a different type of building or use, as delineated on the plan. d. The general location, size, and intended use of all Common Open Space or Facilities and the firm or organization intended to own and/or maintain same. e. The general location and size of all proposed structures including a schedule of various land use types; the general location of all roads, pedestrian circulation systems, method of water supply, sewage disposal, public utilities, method of surface water drainage disposal. f. A schedule showing the generally proposed times within which applications for special permits subject to Environmental Design Conditions for various phases to be applied for, which schedule may be subject to variation depending on market forces. g. A written statement by the landowner setting forth the reasons why an Open Space Mixed Use Development would be in the public interest and consistent with the objectives of this Section. h. Draft legal documents, as required, to provide for Reserved Land and Common Open Space or Facilities. 3. Processing of Application for Special Permit for an Open Space Mixed Use Development Master Plan. Application shall be processed, heard and acted upon as with any other application for a special permit, subject to Environmental Design Conditions. When deemed necessary by the Planning Board, an independent consultant may be retained by the Town at the expense of the applicant to review the findings of any report or submissions made hereunder. 4. Special Permit for an Open Space Mixed Use Development Master Plan. The Board may include, as a condition of the permit, the schedule of applications for special permit subject to Environmental Design Conditions for phases and any additional drawings, specifications and form of performance bond that shall accompany such. applications. The applicant shall, within twenty (20) days a nd in perpetuity. Said instrument shall prohibit change of the use of such space to any use not in keeping with the Common Open Space or Facilities requirements without the approval of the Planning Board. The covenant may be recorded in phases, so that all times 70% of the portion of the Open Space Mixed Use Development area then being developed (which may consist of all or a portion of the area subject to a special permit for phases of development) shall be made subject to such covenant. The covenant may provide that land may be released from the restrictions of the covenant by an instrument executed by the owner and recorded, provided that not less than an equivalent area of land is made subject to the covenant and substituted therefor. I) NON-RESIDENTIAL USES 1. General Conditions. Non-residential uses may be specifically authorized under the Special Permit in the Open Space Mixed Use Development. Inadequate relation of such uses to the overall plan of the development, incompatibility among adjacent uses, or insufficient buffer areas shall be sufficient ground to deny any such use. Plans and other documents for non-residential uses should be submitted as an integral part of those submitted for the Open Space Mixed Use Development Master Plan Special Permit. 2. Public and Quasi-Public. Day care centers, public parks and community recreation centers, buildings and uses and utilities as allowed by special permit under Part IV or Section 309 may be permitted uses in Open Space Mixed Use Developments, subject to the prescribed standards and reasonable conditions required by the Planning Board under the procedures for the Open Space Mixed Use Development. 3. Agricultural Uses Agricultural uses such as the creation and maintenance of cranberry bogs, ponds, ditches, and irrigation systems for cranberry culture which require the removal of sands and gravel within the Aquifer Protection Overlay District (Section 401.17) shall be allowed within an Open Space Mixed Use Development District only by Special Permit issued by the Special Permit Granting Au Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by special permit? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, The requirements of Section 205.03(C) (4) shall be met as a condition of issuance of a special permits for each phase of an approved P.U.D. Master Plan. This means that PUDs (a form of flexible zoning) are allowed by special permit but not as of right. " "[INST] Context: structures associated with the residences in the Planned Unit Development. Common recreation areas shall be delineated on plans submitted to the Planning Board for review with the size of the area noted. Provisions for delineating this area in the finished development, method of delineation subject to Planning Board approval, shall be made by the developer. Common recreation areas shall be developed with either active or passive recreational facilities or both. No facility in which the residents of the planned unit development are excluded by outside or private membership shall qualify for the purposes of the requirements herein. § 415-52. Open space. A. Each planned unit development shall develop and maintain the following required open space: One square foot of open space for each one square foot of total gross floor area of the planned unit development, but in no event shall less than 35% of the gross land area of the planned unit development be open space. B. Computation. (1) Any required open space may include common recreation areas and required buffer areas for computation purposes. (2) In no case shall more than 30% of the required open space consist of areas defined as wetlands by the Massachusetts Wetlands Protection Act. (3) For purposes of determining the total number of allowable dwelling units, the applicant must submit a ""grid"" subdivision plan to the Planning Board which complies with the plan regulations set out in the Rules and Regulations Governing the Subdivision of Land. C. Modification. The Special Permit Granting Authority, at its discretion, shall have the right to reduce the required minimum area of open space if all of the following conditions are met: (1) If one or more tracts, parcels or lots are required to be dedicated for public use or public purpose including, but not limited to, schools, fire stations, police facilities, libraries, or other similar municipal uses, but not including utility, sewer or stormwater drainage easements; water or sewer improvements, fied within this bylaw which shall only be permitted upon issuance of a special permit. Special permits may be issued only for uses which are in harmony with the general purpose and intent of the bylaw, and shall be subject to the specific provisions established herein. Such permits may also impose conditions, safeguards, and limitations on time or use. B. Granting authority. (1) The Zoning Board of Appeals is designated as the granting authority for special permits as required under Article IV, Schedule of Permitted Uses, Uses Requiring Special Permit (except for Planned Unit Developments), § 415-22E, Land alteration regulations, and § 415-38, Shopping centers. Special permits may be granted upon application to the Zoning Board of Appeals and after consideration of recommendations as appropriate from other Town Boards and Agencies. (2) The Planning Board is designated as the Special Permit Granting Authority for Special Permits as required under Article VII, Planned Unit Developments, and Article IX, Planned Residential Development for Seniors, and as the reviewing authority for action under Article VIII, Site Plan Review. (3) The Special Permit Granting Authority shall adopt and from time to time amend rules relative to the issuance of such permits, and shall file a copy of said rules in the office of the Town Clerk. (4) There shall be one associate member of the Planning Board, who shall be eligible to participate solely in matters in which the Planning Board is acting as the Special Permit Granting Authority, in accordance with MGL c. 40A, § 9. The chairman of the Planning Board may designate the associate member to sit on the Planning Board for the purposes of acting on a special permit application, in the case of absence, inability to act, or conflict of interest, on the part of any member of the Planning Board or in the event of a vacancy on the Planning Board. The associate member shall be appointed for a two-year term by the Board of Selectmen, in accordance with § C-2.02K of the Town Charter and § 139-2E of the Town Bylaws. [Added 5-5-2008 ATM, Art. 68] C. In considering each application for a special permit, the granting authority shall: (1) Conduct a public Hearing held within SCHEDULE OF PERMITTED USES § 415-8. R-1 Residence Zoning District. A. Permitted principal uses: (1) Single-family residences. (2) Agricultural uses, not including retail sales. (3) Churches or other houses of worship. (4) Schools. (5) Cemeteries. (6) Public parks. B. Accessory uses: (1) Home occupations as permitted according to this bylaw. (2) Other uses customarily accessory to permitted principal uses. C. Uses requiring special permit: (1) Retail sales of produce raised on premises. (2) Hospitals and medical/dental clinics. (3) Essential municipal facilities. (4) Country/private clubs. (5) Nursing/resting homes. (6) Planned unit developments. (7) Residential Commercial Care Facilities. (8) Municipal Facilities, including: police stations, fire stations, libraries, and municipal office. [Added 5-20-1996 ATM, Art. 45] § 415-9. R-2 Residence Zoning District. A. Permitted principal uses: (1) Single-family residences. (2) Two-family residences. (3) Churches or other houses of worship. (4) Schools. (5) Cemeteries. (6) Public parks. B. Accessory uses: (1) Home occupations as permitted according to this bylaw. (2) Other uses customarily accessory to permitted principal uses. C. Uses requiring special permit: (1) Riding stables. (2) Hospitals and medical/dental clinics. (3) Essential public utility facilities. (4) Country/private clubs. (5) Nursing/resting homes. (6) Nursery for flowers and/or plants of five acres or less in size. (7) Planned unit developments. (8) Residential Commercial Care Facilities. (9) Municipal Facilities, including: police stations, fire stations, libraries and municipal offices. [Added 5-20-1996 ATM, Art. 45] § 415-10. R-3 Residence Zoning District. A. Permitted principal uses: (1) Single-family residence. (2) Two-family residence. (3) Churches and other houses of worship. (4) Schools. (5) Cemeteries. (6) Public parks. B. Accessory uses: (1) Home occupations as permitted according to this bylaw. (2) Other uses customarily accessory to permitted principal uses. C. Uses requiring spec asements: water or sewer improvements, roadways, or any other recreational facilities or other similar dedication required by these guidelines. (2) If the area of open space shall not be less than thirty (30) percent of the total area of the Planned Unit Development. (3) If the total reduction in said open space shall not be greater than one (1) acre or part thereof in open space for every one (1) acre or part thereof of lands required for public use or public purpose dedication. 9. Circulation and Off-Street Parking Requirements In a Planned Unit Development, off-street parking facilities shall be provided in accordance with the following requirements: a. Size of Parking Stalls Each off-street parking space shall have an area of not less than 200 square feet, exclusive of access drives or aisles; shall measure 10 feet in width by 20 feet in length; and shall be surfaced so as to be usable for parking. Except in the case of one and two-family dwellings, no parking area shall be established with less than 3 spaces. b. Number of Parking Spaces Required The number of off-street parking spaces required shall be as set forth in Section V.C. of the Zoning By-Law. c. Access There shall be adequate provision for ingress and egress to all parking spaces. Access drive or driveways shall be no less than twelve (12) feet wide for ingress or egress and twenty-four (24) feet wide for both ingress and egress except that for single or two-family dwellings access drive or driveways shall be not less than ten (10) feet wide for both ingress and egress and may be utilized for part or all of the parking area requirements. No driveway or access drive shall be closer than fifty (50) feet to the point of intersection of the street lot-lines of any two intersecting streets. d. Size of Aisles and Driveways The width of all aisles or driveways providing direct access to individual parking stalls shall be in accordance with the following requirements: Parkin plication for special permit for the accessory apartment and the owner/applicant shall continue to reside in the main dwelling throughout the duration of the Special Permit. C. Only one accessory apartment shall be permitted per single family house. D. Other than handicapped access, no exterior alteration can change the appearance of the dwelling as a single family home. E. Any additional parking areas shall be accessed by the driveway serving the main dwelling. F. The accessory apartment shall contain a minimum of 400 square feet and a maximum of 650 square feet of dwelling area: The accessory apartment shall be located only within the existing habitable structure, or within an addition to the existing habitable structure, subject to the provisions of Subsection I. [Amended 5-14-2001 ATM, Art. 48] G. All Board of Health and Building Code criteria must be met. H. The occupants of the accessory apartment must be related to the owner/occupant of the main dwelling as either mother, father, stepmother, stepfather, child, stepchild, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild. The owner/occupant shall state the name(s) of the proposed tenants and their relationship on the application for Special Permit. I. Any increase in size of the main dwelling unit shall be limited to 5% of the existing habitable living space of that dwelling and shall meet all zoning requirements. J. The Special Permit shall terminate upon any of the following events: (1) Sale of the premises. (2) Residence by a person not named in the Special Permit, except residence of the new born child, adopted child, or a person caring for the tenant such as a nurse, nurse's aide or other health care worker or caretaker. (3) Residence by a boarder or lodger in either the main house or accessory apartment. (4) The death of a single tenant named as the sole tenant on the application for a Special Permit. K. Upon the termination of the Special Permit, the residence sha Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by special permit? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, The Planning Board is designated as the Special Permit Granting Authority for Special Permits as required under Article VII, Planned Unit Developments, and Article IX, Planned Residential Development for Seniors. This means that PUDs (a form of flexible zoning) are allowed in Rockland, and that they must go through a special permit process. " "[INST] Context: ighborhood; (h) the impact of the proposed use on adjacent properties and the neighborhood; and (i) any other criteria specified by other sections of this Bylaw, applicable to the proposed use. 7.8.2.2 The provisions of section 7.8.2.1 shall not apply to special permits issued under sections 4.11.4.3, 6.1.1.2(b), 6.6, 8.6.5, and 8.8.3. 7.8.2.3 The SPGA may impose such conditions on the special permit as it deems necessary to protect the Town, the public, or other properties in the area from detrimental impact. The conditions that may be imposed include, but are not limited to, conditions relating to noise, traffic control, dust control, sanitation, number of occupants, hours of operation, deliveries, water quality testing and monitoring, police details, and performance bonds. 7.8.3 Miscellaneous Provisions 7.8.3.1 The SPGA shall issue special permits in accordance with M.G.L., Ch. 40A, § 9. In deciding whether to issue a special permit, the SPGA shall consider any comments or recommendations submitted by other town departments, boards, or commissions. 7.8.3.2 The SPGA may, after notice and hearing, adopt rules and regulations specifying the content and number of required plans, application procedures, filing and review fees, design and development standards, and other general requirements to be applied with respect to the proposed use. 7.8.3.3 The Board of Selectmen may appoint a resident of the Town to serve as an associate member of the Planning Board for a two-year term. The Chairperson of the Planning Board may appoint the associate member to act on special permit applications, in the case of absence, inability to act, or conflict of interest, on the part of a regular member of the Planning Board, or in the event of a vacancy on the Board. 7.8.3.4 Any special permit granted under the provisions of this Bylaw shall lapse within a period of two years from the grant hereof, if a substantial use thereof has not sooner commenced or, in the case of a permit for construction, if construction has not begun by such date, except for good cause shown, and provided further that such two-year period shall not include the time required to pursue or await the determination of a e area of the Floodplain District that is used to satisfy the minimum lot area and yard requirements in the underlying zoning district in which the remainder of the lot is located shall not exceed twenty-five percent (25%) of the lot area; and (i) any proposed development that (1) would be located entirely or partially within the Floodplain District, (2) that would involve a Subdivision of Land, and (3) that would satisfy the eligibility criteria specified in section 6.4.3.1, shall require a special permit for an Open Space Residential Development (OSRD) under section 6.4, except that the Planning Board may waive the application of this standard if the Board determines that the development of the site as an OSRD, as compared to a conventional subdivision, would not promote the purposes of section 6.4. 4.10.4.2 Nothing in this section shall be construed as modifying the requirements of the following: M.G.L., Ch. 131, § 40; the Massachusetts State Building Code, 780 C.M.R. 3107.0 (""Flood Resistant Construction""); the Massachusetts Wetlands Protection Regulations, 310 C.M.R. 10.00; the Massachusetts Inland Wetlands Restriction, 310 C.M.R. 13.00; the Massachusetts Coastal Wetlands Restriction, 310 C.M.R. 12.00; and Title V of the State Environmental Code, 310 C.M.R. 15.000. 4.10.5 Special Permit Criteria and Procedures 4.10.5.1 The Planning Board may not issue a special permit for a new development activity under this section, unless it determines: (a) that the activity will comply with all applicable development standards specified by section 4.10.4; (b) that the activity will not result in an increase in flooding above the BFE, obstruct or divert flood flow, or reduce natural flood storage; and (c) that the proposed development will be reasonably safe from flooding. 4.10.5.2 In deciding whether to issue a special permit under this section, the Planning Board shall consider any comments submitted prior to the close of the public hearing by the Conservation Commission, the Board of Selectmen, the Board of Health, an ning Board shall reconsider the special permit, in accordance with section 6.4.13, if there is any variation between the OSRD concept or preliminary plan that was submitted with the special permit application and the approved definitive plan. 6.4.6 Development Density 6.4.6.1 Unless a density bonus is permitted under section 6.4.7, the total number of dwelling units permitted in an OSRD shall not exceed the lesser of: (a) the number of dwelling units determined under section 6.4.6.2; or (b) the number of single family dwellings that would be allowed under a conventional subdivision plan, as determined by the Planning Board based on its review of the Applicant's yield plan. The Applicant shall bear the burden of proof regarding the permitted density. 6.4.6.2 The number of dwelling units determined under this section 6.4.6.2 shall be calculated by the following formula; - Total Number of Units =,A-(0.5x PCA) -(01 xTA) - ,District Minimum Lot Area TA = Total Area of Parcel PCA = Primary Conservation Areas If a parcel lies in districts with different lot area requirements, a calculation should be made for each district. 6.4.7 Density Bonus 6.4.7.1 The Planning Board may authorize a density bonus in accordance with sections 6.4.7.2 and 6.4.7.3, except that the number of dwelling units awarded as a density bonus under such sections may not, in the aggregate, exceed thirty-five percent (35%) of the number of units permitted under section 6.4.6, and provided further that a density bonus may not be awarded under section 6.4.7.3 for an OSRD that would create three or more units in the Coastal Conservation District. 6.4.7.2 The Planning Board may authorize a density bonus of up to twenty percent (20%) if the Applicant proposes: (a) on or off-site public improvements or amenities that result in substantial benefit to the Town and which are beyond those necessary to mitigate the impacts of the proposed OSRD; or (b) townhouse dwellings constructed in a New England village style of architecture with eening by fencing or landscaping of outside storage areas; 6.3.1.3.5 The building is served by municipal water. 6.3.1.4 Minimum Floor Area 6.3.1.4.1 The structure to be converted shall contain at least eleven hundred (1100) square feet and no unit shall have a floor area of less than three hundred fifty (350) square feet plus one hundred (100) square feet for each bedroom over one (1). 6.4 Open Space Residential Development 6.4.1 Purposes 6.4.1.1 This section is intended to promote integrated, creatively-designed residential development that results in the preservation of open space and natural resources, the reduction of infrastructure and site development costs, and the promotion of attractive standards of appearance consistent with Town character. 6.4.2 Special Permit Authority 6.4.2.1 The Planning Board may grant a special permit for an Open Space Residential Development (""OSRD"") authorizing the construction of single family or townhouse dwellings in the Central District, the Residential District, the Outlying District, or the Coastal Conservation District, pursuant to the provisions of this section. 6.4.3 Eligibility 6.4.3.1 Any proposed development that would create two (2) or more single family dwellings or townhouse dwelling units on a parcel of land or set of contiguous parcels of land containing at least five (5) acres is eligible for consideration as an OSRD. Parcels separated by roadways shall be considered contiguous. 6.4.3.2 Any person that submits a conventional subdivision plan (preliminary or definitive) under the Subdivision Rules that would create five (5) or more single family dwelling lots on a parcel of land or set of contiguous parcels of land containing five (5) or more acres shall be required, simultaneously with the submission of such conventional subdivision plan, to submit an application for an OSRD special permit, together with an OSRD concept plan that meets the requirements of section 6.4.4.2, except that, at any time after the opening of the public ns: (a) Building permits shall not be issued authorizing the construction of more than twenty-four (24) new single family dwellings in the Town in any twelve (12) month period. The number of permits allowed for new single family dwellings in any month shall equal twenty-four (24) minus the number of such dwellings that have been authorized (exclusive of unused authorizations that have expired or been withdrawn) in the preceding eleven (11) months. Subject to the provisions of section 8.5.1(b), applications for building permits for new single family dwellings shall be held and acted upon in chronological order based on the date of the filing of a complete application with the Building Inspector. (b) Building permits shall not be issued authorizing the construction of more than four (4) new single family dwellings in any twelve (12) month period on any set of lots created from land that was contiguous and held in common ownership at any time on or after the effective date of this section. 8.5.2 The limitations of section 8.5.1 are subject to the following exceptions: (a) For new single family dwellings established as part of an Open Space Residential Development approved under section 6.4 of the Bylaw, the limitation of section 8.5.1(b) shall be ten (10) dwellings per twelve (12) month period, rather than four (4) dwellings per twelve (12) month period. (b) The limitations of section 8.5.1 do not apply to affordable dwelling units, or to dwelling units authorized under a comprehensive permit issued under M.G.L., Ch. 40B, § 21, and permits issued for such units shall not be included in the count required by section 8.5.1(a). 8.5.3 Any time-limited protection against zoning change afforded by M.G.L., Ch 40A, § 6, shall be extended (if such protection has not already expired by the date on which a complete application for a building permit is filed with the Building Inspector) until such date as a building permit is issued under this section. 8.5.4 Section 8.5.1 shall not be construed as limiting the issuance of building permits for the enlargement or improvement of existing dwellings, or the rest Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by special permit? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, The Planning Board may grant a special permit for an Open Space Residential Development (""OSRD"") authorizing the construction of single family or townhouse dwellings in the Central District, the Residential District, the Outlying District, or the Coastal Conservation District, pursuant to the provisions of Rowley's by-laws. " "[INST] Context: 4.SPECIAL REGULATIONS 4.1 Multi-Family Housing (Revised 11-01-05) In any district where multi-family housing is a permitted or special permitted use, it shall be subject to the following requirements, except that multi-family units in an Low Impact Development shall comply with the regulations in Section 4.2A of this Bylaw. 4.1.1.Site Plan Review Multi-family housing is subject to Site Plan Review under Section 7 of this Bylaw. 4.1.2.Maximum Density a. Where conversion of an existing single-family dwelling to three multi-family units is a permitted use or a use allowed by special permit, the minimum lot area shall be at least 1.5 times that of the applicable minimum lot area for a single-family dwelling. b. For multi-family housing of four (4) units or more, the maximum density is as follows: District,Maximum Density R-3,""20,000sf for the first unit plus 10,000sf for each additional dwelling unit, up to a maximum of 24 units"" ""Village Business, Mixed-Use, or Commercial District"",""20,000sf for the first unit plus 10,000sf for each additional dwelling unit, up to a maximum of 36 units"" c. More than one principal building may be permitted on a single lot by Special Permit from the Planning Board. No principal building may contain less than three (3) units nor more than six (6) units unless waived by the Planning Board. 4.1.3.Affordable Housing Requirement a. To qualify for a Special Permit for multi-family housing of four or more units, the applicant must include housing affordable to low- or moderate-income households as defined in this Bylaw, as follows: the seventh unit and every sixth unit thereafter shall be a low- or moderate-income housing unit. Nothing in this section shall preclude an applicant from providing more low- or moderate-income housing units than the minimum required by this Bylaw. b. All low- and moderate-income affordable units shall be subject to an affordable housing restriction pursuant to M.G.L. c.184. c. The Building Inspector shall not issue an occupancy permit to the applicant without er open space; 7. Economic effect and general compatibility and harmony with adjacent properties and other property in the district; 8. The comments and recommendations of the Planning Board have been considered where the Special Permit has been submitted to the Planning Board and the Planning Board has submitted its recommendations as required by this Bylaw. Reasons for not accepting any of the comments and recommendations of the Planning Board shall be noted. c. A Special Permit shall only be issued following a public hearing held within sixty-five (65) days after filing of an application with the Special Permit granting authority, a copy of which shall forthwith be given to the Town Clerk by the applicant. Within ten (10) days after receipt of the application for a special permit under this section, the Board of Appeals shall transmit copies thereof, together with copies of the accompanying plans to the Board of Health, the Planning Board, and the Conservation Commission. All such boards shall investigate the application and report in writing their recommendations to the Board of Appeals. The Board of Appeals shall not take final action on such application until it has received a report thereon from the Board of Health, Planning Board and the Conservation Commission or until said Boards have allowed thirty-five (35) days to elapse after receipt of such application without submission of a report. Failure by the permit granting authority to take final action upon the application for a Special Permit within ninety (90) days of date of the public hearing shall be deemed a grant of the permit applied for and the Town Clerk shall certify forthwith. A Special Permit granted pursuant to this section shall lapse after two (2) years, including such time required to pursue or await the determination of an appeal from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause, or in Use Permit 2.6.1.No building or structure shall be used, constructed, relocated, added to or demolished without a permit having been issued by the Building Inspector. No such permit shall be issued until such construction, alteration, or use, as proposed complies in all respects with the provisions of this Bylaw or with a decision rendered or Special Permit granted by the applicable Special Permit granting authority (SPGA) authorized by this Bylaw. 2.6.2.Plot Plan Accompanying Application a. Any application for a building, structure or use permit or a certificate of occupancy shall be accompanied by a plot plan in triplicate, accurately drawn to a scale of one inch = forty feet, showing the actual shape, area and dimensions of the lot to be built upon, the exact location and size of any buildings or structures already on the lot, the location of proposed alterations to and enlargements of existing buildings or structures, driveways, the location of new buildings or structures to be constructed together with the lines within which all buildings or structures are to be erected or enlarged, the existing and intended use of each building or structure and all streets and ways on or adjacent to the lot, the delineation of any Flood Plain District or Water Supply Protection District areas located within a lot, unless the plot plan includes a statement that: ""No part of lot is within a Flood Plain District or Water Supply Protection District,"" and such other information as the Building Inspector/Zoning Enforcement Officer may determine is necessary. In the case of a building or use permit limited to interior improvements to an existing building or structure, a plot plan shall not be required. b. In addition, for all new buildings and structures, and all existing buildings and structures to be externally enlarged or expanded in ground area to an extent greater than 30% of internal floor areas or ground coverage, or six hundred square feet, whichever is larger, plot plans shall show existing and approved abutting street grades, the proposed elevation of the top of the founda ction 4.6 6. Home business workshop, subject to Section 4.6 7. Conservation areas, reservations, or wildlife areas 8. On five acres of land or less: Gardens; growing and storing of fruits, berries, vegetables, hay, fodder and ensilage; orchards, wood lots and forestry; or nursery and similar agricultural crop activities 9. Residential accessory uses in accordance with Section 2.5 of this Bylaw 10. Uses permitted in accordance with Section 2.3 of this Bylaw or otherwise exempt from zoning under M.G.L. c.40A Section 3 11. Conversion of a single-family dwelling to a two-family dwelling b. Uses Allowed by Special Permit from the Planning Board 1. Low-impact development, subject to Section 4.2A 2. Assisted living facility or nursing home, or an assisted living facility and nursing home in a single development 3. Detached single-family dwelling on a hammerhead lot, subject to Section 4.3 4. Conversion of a single-family dwelling to a multi-family dwelling of up to three units, subject to Section 4.1 5. Residential accessory uses in accordance with Section 2.5 c. Uses Allowed by Special Permit from the Board of Appeals 1. Golf course (not including miniature golf), ski grounds, camping areas, or swimming facilities, including the incidental sale of refreshments, if primarily for the convenience of the patrons, and of equipment customarily related to their use 2. Cemetery 3. Hospital, medical institution, or historic, philanthropic or charitable institution 4. Kennel or riding stable, except that a horse farm or stable that is otherwise exempt under M.G.L. c.40A, Section 3 shall not require a Special Permit 5. Public utility 6. Home specialty retail, subject to Section 4.6 7. Bed and breakfast 8. Day or overnight outdoor recreation camp 3.2.2. Density and Dimensional Regulations a. Minimum Lot Area: 1. Single-family 40,000 square feet 2. Two-family 60,000 square feet 3. Multi-family Subject to Section 4.1 4. Other uses 40,000 square feet b. Minimum Frontage: 175 fee a building or Special Permit has been issued, before the first publication of notice of the public hearing on such Bylaw or any future amendment thereto may be continued or completed although such structure or use does not conform to the provisions hereof or of such amendment, provided that: a. Construction or operations pursuant to such building or Special Permit shall conform to the provisions of this Bylaw as amended unless the use or construction is commenced within a period of six (6) months after issuance of the permit and, in cases involving construction, unless such construction is completed as continuously and expeditiously as is reasonable; b. Any conversion of any non conforming use to a conforming use shall be subject to the requirements for such uses in the district in which the use is located and once changed shall not thereafter revert to the non conforming use; c. Wherever a non conforming use has been abandoned for a period of more than two (2) years except for agricultural, horticultural or floricultural where the period shall be for more than five (5) years, it shall not be reestablished and any future use shall conform to the Zoning Bylaw and any amendment thereto; d. No building or structure put to a non conforming use or non conforming structure which is destroyed or damaged by fire or other causes, or demolished to the extent, in any of such cases, of more than three-quarters (3/4) of its fair market value at the time of said damage or demolition as determined by the Building Inspector may be rebuilt for the purpose of reestablishing the non conforming use, unless the Board of Appeals shall make the finding set forth in Section 9.2.3 below with respect to such reconstruction or repair; e. Any reconstruction or repair of a partially destroyed, demolished or damaged structure which is non conforming, or which was put to a non- conforming use must be commenced within one year of such damage or destruction and the reconstruction completed and the structure occupied within two (2) years of such damage or destruction. 2.4.2. Is cluster development, planned unit development, open space residential design, or another type of flexible zoning allowed by special permit? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know, There is no mention of cluster or OSRD zoning in the provided excerpt. However, they are not explicitly forbidden, and therefore could be found elsewhere in the by-laws. Therefore, the answer is ""I don't know."" " "[INST] Context: age, public access, quality and other pertinent site characteristics. (5) The need for preservation of open space for scenic value shall be determined by the special permit granting authority based on its knowledge of the site of the proposed cluster development and comments received by the authority during the plan review and public hearing process. The suitability of common land intended for scenic value shall be determined by the following criteria a. Its visibility from a significant number of buildings or length of private or public streets; or b. The vistas such common land affords of significant or unusual: 1. Landforms, 2. City scopes, 3. Historical sites, or 4. Buildings. The special permit granting authority may impose restrictive covenants protecting such scenic areas or allowing access to such areas. (6) The need for provisions of common land to act as an open space buffer, insulating existing developments from the cluster development shall be determined by the special permit granting authority based on the purposes of this ordinance and upon its knowledge of the site and comments received during the plan review and public hearing process. The suitability of common land intended for such buffers shall be determined by the special permit granting authority based on its consideration of a variety of factors, including: a. The viewing distance and slope between the new buildings of the proposed cluster and the existing buildings of abutting properties; and b. The width and quality o f intervening buffer land; and c. The height of post development trees, shrubs, fences or other man-made screens all as proposed by the developer or as may be required by the special permit granting authority. (e) Application requirements: Applications for special permits for clusters shall include, in addition to all the data listed as (a) through (1) and information required under section 4.4.2, the following: (1) Wetland areas; (2) Lands included in the wetlands /floodplain conservancy district as defined in 4.4.3 of this ordi t a scale of not less than forty (40) feet to an inch and shall include as necessary or applicable for each special permit use the following: (a) The extent of the site with all lot lines identified by metes and bounds; (b) Names of owners and abutters as shown on most recent real estate tax list (c) Sizes and locations of existing and proposed structures and any adjacent structures within fifty (50) feet of the site and including proposed structures and any adjacent structures within fifty (50) feet of the site and including proposed type of construction and proposed building materials; (d) Existing and proposed contours at two-foot intervals; (e) Number and location of proposed parking spaces; (f) Sizes and locations of water, sewerage and drainage systems; (g) Driveways and vehicular circulation providing access to and egress from the site; (h) Walks and recreation, open space and conservation areas; (i) Land uses, both existing and proposed; (j) Landscaping and site development details including walls, fences, outdoor lighting and ground surface materials; (k) Bounding streets and any unused or unique natural features of public areas in the immediate vicinity; and (l) If an applicant or predecessor in title has previously filed a site plan with the permit granting authority regarding the subject parcel of land and/or building and use, no additional site plan shall be filed in the event the application refers only to a change in use. (Ord. of 5-104, §§ 19-21) 4.4.3 Reserved. 4.4.4 Cluster development requirements. (a) Definition: Single detached one-family dwellings may be constructed on certain lots in a cluster development in the following zones: R 1, R 1A, R 113, R 2, R-3, and R-4 as hereinafter defined and limited, although such lots have less area or frontage, or both, than normally required. For this purpose, a cluster development is a division of not less than five (5) acres of land into lots used, or available for use as building sites, where said lots are cluste . (7) All common land hereunder shall be held in common ownership by the owners of lots within the development. In the case of ownership by a separate legal entity, the developer shall include in the deed to the owners beneficial rights in said common land. Maintenance shall be the responsibility of the owners. A permanent conservation easement shall be conveyed to the City of Peabody prohibiting development of said common land and the erection thereof any structures other than for the noncommercial, recreational use of the residents of the cluster development All common or public open space land shall have adequate access to a public way. (d) Review criteria: In reviewing the application for a special permit for a cluster development, the special permit granting authority shall consider the following in its decision. (1) The extent to which the plan for the cluster development is consistent with the purposes of this section of the ordinance. (2) The extent to which unique or environmentally important features of the development site, especially those not afforded protection under some other local, state or federal regulation as set forth in subsection 4.4.4 (b) (2) of this ordinance, have been adequately described in the site plan submitted with the special permit application and have been incorporated, to the maximum extent feasible, as permanent open space of the cluster. (3) Individual lots, buildings, and streets are designed and situated to minimize alteration of the natural site features and the need for excavation, cut and fill, or other types of earth moving operations. (4) That the location and quantity of any portion of the common land intended for active or passive recreational uses, as those uses may be set forth by the special permit granting authority, is adequate in terms of size, topography, drainage, public access, quality and other pertinent site characteristics. (5) The need for preservation of open space for scenic value shall be determined by the special permit granting authority based on its or both, than normally required. For this purpose, a cluster development is a division of not less than five (5) acres of land into lots used, or available for use as building sites, where said lots are clustered together and where there is provision of open space in common or public ownership. The planning board shall be the special permit granting authority for the cluster permit (b) Purpose: The purposes of this provision of the ordinance allowing cluster developments are as follows: (1) To promote efficient subdivision of land, in harmony with its natural features and with minimal excavation and earth removal activities. (2) To preserve in their unaltered state unique or unusual natural features of the land to be developed especially where such features are not afforded protection under some other local, state or federal regulation or private deed restriction. Such natural features include but are not limited to: Science vistas and scenic road views; woodlands and site vegetation, especially where such natural vegetative cover serves to buffer new developments from established neighborhoods; slopes over fifteen (15) percent and rock outcroppings; natural drainageways, stream banks, wetlands, and floodplains; aquifer recharge areas for public or private water supplies; wildlife habitat and vegetation, especially of rare or endangered species. (3) To provide suitable open space and facilities for active or passive recreation. (4) To provide open space as a buffer, where desirable and appropriate, between new developments and established neighboring uses. (5) To promote affordable housing in the city. (c) Minimum requirements: Such a cluster development containing lots with less than the minimum area or frontage or both may be permitted provided that: (1) Maximum number of lots in a cluster development shall be determined by taking total land area of the subdivision, exclusive of existing and proposed roads and other land areas not available to the developer for building because of local, state, or federal SECTION VII ADDITIONAL REQUIREMENTS FOR CLUSTER SUBDIVISIONS A. Purpose 1. The purpose of this Section is to establish procedural rules and design standards for cluster subdivisions allowed by Special Permit by the Planning Board under the provisions of Section 4.4.4. Cluster Subdivision Requirements, of the Peabody Zoning Ordinance. B. Submission of Plans 1. Cluster subdivision plans shall be submitted concurrently with, or as part of, a definitive plan filing, in the manner outlined in the Zoning Ordinance and in the Massachusetts General Laws, Chapter 40A, Section 9. 2. Cluster subdivision plans shall meet the application requirements in the Zoning Ordinance as well as the requirements of these Rules and Regulations. C. Review Procedure 1. Cluster subdivision plans shall be reviewed as outlined in the Zoning Ordinance and as required by the Massachusetts General Laws, Chapter 40A, Section 9. D. Site Plans 1. Prior to the application for a building permit for any lots within the subdivision, a site plan prepared by a registered land surveyor, engineer, architect or landscape architect shall be submitted to the Planning Board for review, showing at a minimum: a. Existing and proposed topography at two foot (2') intervals, including proposed cuts and fills; b. Existing and proposed retaining walls and riprap; c. Existing and proposed driveways, walks and fences, d. Trees to remain in excess of six inches (6"") in caliper, and trees to be removed, in excess of six inches (6"") in caliper; e. Delineation of wetlands and one hundred foot (100') buffer, and any Order of Conditions issued by the Conservation Commission; f. Unique natural features, including stone walls, and rare or specimen trees; g. Size and location of proposed structures; and h. Proposed landscaping. 2. Approval of a site plan for a particular lot shall be by majority vote at the next regular meeting of the Planning Board. The Board shall forward its decision approving, approving with conditions, or disapproving a site Which entity is the special permit granting authority for cluster/flexible zoning? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] Planning Board, Based on the provided text, the special permit granting authority for cluster/flexible zoning is the Planning Board. The Planning Board is identified as the special permit granting authority in section VII, Additional Requirements for Cluster Subdivisions, which states that ""The planning board shall be the special permit granting authority for the cluster permit.""" "[INST] Context: hority. Any development pursuant to the PSMUOD by-law shall be allowed only by special permit. The Planning Board is hereby designated as the Special Permit Granting Authority (SPGA) in the PSMUOD. A super majority shall be required for plan approval. All Special Permit applications made pursuant to the PSMUOD by-law shall conform to the standards and criteria and procedural provisions of the PSMUOD by-law and all relevant procedural provisions in the current Ashland zoning by-laws. Said Special Permit may be issued subject to such conditions as the Planning Board may deem appropriate to protect the public interest and to ensure that development to the PSMUOD will be consistent with the purpose of this Section and the controls set forth herein. 4.0 Development Criteria. In addition to the specific requirements contained within this Bylaw, the Ashland Planning Board shall issue a special permit for development within the PSMUOD only after consideration of the following: 1. Adequacy of the site in relation to the size of the proposed structure(s); 2. Adequacy of the provision of open space, its accessibility to the general public, and/or its association with adjacent or proximate open space areas; 3. Suitability of the site for the proposed use(s); 4. Impact on traffic, pedestrian flow and safety and access for emergency vehicles; 5. .Impact on the visual character of the neighborhood; 6. Adequacy of utilities, including sewage disposal, water supply and storm water drainage; 7. Degree to which the proposed project complies with the stated purpose of this bylaw; 8. Impact of the proposal on the existing mix of structures and businesses in the PSMUOD. 5.0 Permitted Uses. Within the PSMUOD, the Planning Board may issue a special permit for the following uses either solely or in combination: 5.1 Residential. 1. Dwelling units located above or adjacent to a building containing non-residential uses. 2. Dwelling units above or adjacent to non-residential uses may be connected for access if both are owned by the same entity and occupied or scenic, agricultural, recreation, and conservation purposes, otherwise not provided by conventional subdivision plans; 2. preserve more greenery and woodlands through less disturbance, temperance of the appearance of suburban sprawl associated with conventional subdivision development; and 3. promote less costly development and maintenance outlay. 7.3.2 Administration. The Planning Board may by special permit grant approval for the construction and occupancy of a cluster development, supplemented by appropriate amenities as agreed to by the owner, on a parcel of land in excess of five (5) contiguous acres located in a Residential Districts. Such cluster development shall also require approval under the Subdivision Rules and Regulations of the Planning Board. 7.3.3 Application Procedure. To promote better communication and avoid misunderstanding, applicants are encouraged to submit preliminary proposals and plans for informal review prior to formal application. The following submission is required. 1. Applicants for a cluster development shall submit to the Planning Board six (6) copies of a completed application and ten (10) copies of a plan meeting the specifications for a preliminary plan as established by the Subdivision Regulations adopted by the Ashland Planning Board. Said plan shall also indicate proposed building uses, building locations and development schedule and shall have been prepared by a landscape or registered architect, or civil engineer. Submitted application materials shall also indicate the applicant's legal interest in the land to be developed, the form of organization to be proposed to own and maintain the common land, the substance of covenants and grants of easements to be imposed upon the use of land and structures and the development schedule. 2. At least four (4) copies of a site analysis shall be submitted, consisting of one (1) transparent copy of the above plan, and a series of site analysis drawings at the same scale, each on a separate sheet, indicating ion Commission in any proceeding authorized by G.L. c. 184, s. 33. In addition, the developer shall be responsible for the maintenance of all improvements to the land until such time as the homeowners' association is capable of assuming such responsibility, and/or the Town has accepted responsibility for rights-of-ways and any assigned easements. In order to assure that the association will properly maintain the land deeded to it under this section, the developer shall cause to be recorded at the Middlesex County Registry of Deeds, or other cognizant authority, a Declaration of Covenants and Restrictions that shall, at a minimum, provide the following: 1. Mandatory membership in an established homeowners' association as a requirement for ownership of any lot in the development. 2. Provision for maintenance assessments of all lots in order to ensure that the developed and open space land is maintained in a condition suitable for uses approved by the homeowners' association. Failure to pay such assessment shall create a lien on the property assessed, enforceable by either the homeowners' association or other owner of any lot. 3. Provisions, which so far as possible under the existing law, will ensure that the restrictions placed on the use of the developed and open space land will not terminate by operation of law or, that in the case of termination, that mandatory renewal of all restrictions shall occur automatically. 7.2.12 Decision. The Planning Board may impose additional conditions not inconsistent with this or other sections of the Zoning By-law. 7.3 CLUSTER DEVELOPMENT 7.3.1 Purpose. The purpose of cluster development is to: 1. allow more intensive screened use of separately owned lots by a building and its accessory structures together with preservation of common open space for scenic, agricultural, recreation, and conservation purposes, otherwise not provided by conventional subdivision plans; 2. preserve more greenery and woodlands through less disturbance, temperance of the a cessary to serve the purposes of this By-Law. 9.3.5 Plans. Unless otherwise provided by rule or regulation of the special Permit Granting Authority, an applicant for a special permit shall submit a plan in substantial conformance with the requirements of Section 9.4, herein. 9.3.6 Regulations. The special permit granting authority may adopt rules and regulations for the administration of this section. 9.3.7 Fees. The special permit granting authority may adopt reasonable administrative fees and technical review fees for applications for special permits. 9.3.8 Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 24 months following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in G.L. c. 40A, s. 17, from the grant thereof) with the Town Clerk. 9.3.9 Priority Development Site(s). An application for a special permit required in connection with the development of a Priority Development Site (PDS) shall be submitted simultaneously with any other permit application(s) required by the Code of the Town of Ashland, including these Zoning By-laws, relating to the use or development of the PDS or the buildings and/or structures located thereon, and not otherwise exempted by G.L. c. 43D, and a decision thereon shall be rendered no later than one hundred eighty (180) days from said date of submittal. Review of an application for a special permit shall be combined with any other review(s) required of the Special Permit Granting Authority (SPGA). Where the Board of Appeals is designated as the SPGA and said other review(s) are required of the Planning Board, or where the Planning Board is designated as the SPGA and said other review(s) are required of the Board of Appeals, all reviews shall occur at joint session(s) of those Boards, when feasible. [Added 5-5-2010 ATM, Art. 17] 9.4 SITE PLAN REVIEW 9.4.1 Applicability. Site plan review shall apply to: 1. The construction of a commercial or industrial structure in the Commercial A, Commercial B or Industrial Zonin ay permit modifications of the parking requirements on a case by case basis)."",Y,,,YYYYN, , (k) Accessory scientific use in compliance with § 3.2.4.,N,,,NNYYYN,, (I) Outdoor commercial recreation other than campgrounds.,N,,,NYYYN,, (m) Theaters and cinemas,N,,,NYYYN,, (n) Day Care Facilities,Y,,,NYYYN,, (o) Accessory uses shall be allowed as follows:,,,,,, ""(i) Uses and structures (including, without limitation, a sewerage treatment facility) customarily accessory and incidental to the primary use."",Y(2), (2), ,YYYYY,,(2) (ii) Food preparation and eating facilities,N,,,NYYYN,, (iii) Day care facilities,Y,,,NYYYN,, (iv) Recreational facilities,Y,,,YYYYN,, Permitted Residential component uses:,A,,,BCDEF,, ""(a) Age Restricted, Attached"",Y,,,NYYYN,, ""(b) Age Restricted, Multifamily"",Y,,,,NYYYN, ""(c) Age Restricted, Detached"",Y,,,,NYYYN, ""(d) Dwelling Multifamily, For Rent"",N,,,,N NNYN, (e) Continuing Care Residential Community (CCRC) or components thereof in conformance with § 7.4,N,,,,NYYYN, (f) Rest Home and/or Nursing Homes,N,,,,NYYYN, (g) Municipal recreational use.,N,,,,NYYYN, (h) Public Housing for the elderly.,N,,,,NYYYN, ""(i) Uses and structures (including, without limitation, a sewerage"",Y(2),, (2), ,YYYYY,(2) treatment facility) customarily accessory and incidental to the primary use. Permitted Residential Component Uses,A,,,BCDEF,, (a) Public Parks,N,, , YYYY, , N (b) Community Centers and public recreation buildings.,N,X, , YYYY, X, N (c) Recreation centers and facilities.,Y 1,, , YYYY,, N ""(d) Education uses on land not owned by the Commonwealth of Massachusetts or any of its agencies, subsidiaries or bodies politic, by a religious sect or denomination, or by a nonprofit educational group"", N, , , Y YYYN, , X (e) Golf courses and related facilities., Y,, , Y YYYY, , ""(f) Tennis clubs, swimming pools, health clubs and similar facilities, including membership clubs, public or private"", Y(1), , Y, Y,Y1, N (g) Places and buildings for public assembly., Y(1), Y, Y, Y,XY (1), N ""(h) Uses and structures (including, wit Which entity is the special permit granting authority for cluster/flexible zoning? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] Planning Board, The Planning Board may by special permit grant approval for the construction and occupancy of a cluster development. Their role is identified in ""7.3.2 Administration."" " "[INST] Context: nd/or restriction and such easements and/or restrictions to the Town allowing the Town to control all building rights in the area. Such restrictions shall be for the benefit of and enforceable by the Town. 5. The applicant shall submit a plan for maintenance of the open space area. The plan must be approved by the Planning Board. 6. The applicant shall give evidence that a functional relationship exists between the open land and the proposed clusters. Such land shall be of such size, shape, dimension, character and location as to assure its utility for park, conservation or recreation purposes. 7. Open space shall be restricted to recreational uses such as parks, playgrounds and conservation areas and shall not be built upon except as approved by the Planning Board. Only structures incidental to recreation, conservation or parks shall be allowed subject to approval by the Planning Board. TOWNHOUSE OR ROWHOUSE STRUCTURES 1. Not more than four (4) attached townhouse units shall be built in a row with the same or approximately the same, front building line. No row of attached units shall contain more than (six) 6 units. MULTI-FAMILY DWELLINGS 1. Except as modified by this article, all multi-family dwellings in a Cluster Development shall conform to the standards and restrictions set forth in the Zoning By-law. OFF STREET PARKING 1. Facilities for off-street parking shall be provided in conformance with Article V11 of the Zoning By-law. SIGNS 1. Signs erected, installed or displayed in a Cluster Development shall be in conformance with Article VIII of the Zoning By-law. ADMINISTRATION AND ENFORCEMENT 1. Cluster Development is allowed in certain zoning districts by special permit only. Guidelines for submission and approval of special permit applications shall be followed by the Planning Board in reviewing Cluster Development proposals. 2. In addition to the information required on all special permit applications, Cluster Development proposals shall contain documentation relevant to the specific requirements of this Article. Additional information which the Planning Board may require for the consideration of the above cluster regulations shall be provi Board shall be the Special Permit Granting Authority (SPGA) for all Special Permits under this by-law. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held on 5/10/04. 19.3.2 Multiple Units. This bylaw shall apply to the construction of six (6) or more multi-family dwelling units, whether on one or more contiguous parcels, in existence as of October 8, 2003 and shall require a Special Permit. 19.4 MANDATORY PROVISION OF AFFORDABLE UNITS The Planning Board shall, as a condition of approval of any division of land or construction of multiple units referred to in Section 19.3, above, require that the applicant for approval of a Special Permit comply with the obligation to provide affordable housing pursuant to this bylaw and more fully described in Section 19.5, below. 19.5 PROVISION OF AFFORDABLE UNITS The Planning Board shall deny any application for a Special Permit for division of land or construction of multiple units under this by-law if the applicant does not comply, at a minimum with the following requirements for affordable units. 19.5.1 At least ten (10) percent of the lots in a division of land or units in a multiple unit development subject to this by-law shall be established as affordable housing units in any one or combination of methods provided for below. Fractions of a lot or dwelling unit shall be rounded up to the nearest whole number such that a development proposing six (6) dwelling units shall require one affordable unit, a development proposing eleven (11) dwelling units shall require two affordable units and so on: 19.5.1.1 The affordable units shall be constructed or rehabilitated on the subject property; I 19.5.1.2 the affordable units shall be constructed or rehabilitated on a property different than the property subject to the Special Permit; 19.5.1.3 the applicant shall make an equivalent fees-in-lieu-of payment (see Section 19.10); 19.5.1.4 the applicant may offer, and the Planning Board after consultation with the Board of Selectmen may accept, donations of land in fee simple, on or offsite, that the Planning Board determines are suitab t Granting Authority, public hearing and time limits shall follow that specified in Sec. 10.9. In all other cases, the Planning Board shall be the Special Permit Granting Authority. 10.8 APPEALS FROM DECISIONS OF THE BUILDING INSPECTOR 10.8.1 The Board of Appeals may hear and decide appeals taken by any officer or Board of the Town of Norton or by any person aggrieved by not being able to obtain a permit from any administrative official in violation of General Laws, Chapter 40A. 10.8.2 An appeal shall be taken within thirty (30) days from the date of the order or decision which is being appealed. The petitioner shall file a notice of appeal specifying the grounds thereof with the Town Clerk; and a copy of said notice, including the date and time of filing certified by the Town Clerk, shall be filed forthwith by the petitioner with the Building Inspector specifying in the notice the grounds for such appeal. The Building Inspector shall forthwith transmit to the Board of Appeals all documents and papers constituting the record of the case in which the appeal is taken 10.8.3 Notification, hearing and decision shall be made in accordance with Sec. 10.6 10.9 The Planning Board shall be the Special Permit Granting Authority. Applications for 10.10 PURPOSE, CONDITIONS, BOND Variance Permits and Special Permits are not granted as a matter of right but are privileges which may be granted as appropriate in specific circumstances which are in keeping with the intent of the Zoning By-law and subject to general or specific rules contained herein. As a condition of granting a Permit or Special Permit, the granting authority shall find that the petitioned for exception is socially and economically desirable, and that it would satisfy an existing need, that the advantages of the proposal outweigh by far any detrimental effects, and that such effects on the neighborhood and environment shall not be significantly greater than could be expected from development if the Permit or Specia ARTICLE X - BOARD OF APPEALS, PERMIT GRANTING AUTHORITY, SPECIAL PERMIT GRANTING AUTHORITY 10.1 BOARD OF APPEALS MEMBERSHIP The Board of Appeals shall consist of three members and two associate members who shall be appointed by the Selectmen in accordance with General Laws, Chapter 40A, for staggered three-year terms. The Board of Appeals shall elect annually a Chairman and shall adopt Rules and Regulations which shall be filed in the office of the Town Clerk and shall be a public record. 10.2 BOARD OF APPEALS RULES AND REGULATIONS The Rules and Regulations shall prescribe the procedures and rules for the conduct of Board of Appeals business and shall conform to the provisions of General Laws, Chapter 40A, as amended. 10.3 VARIANCE REQUIREMENTS The Board of Appeals shall have the authority to grant upon appeal or upon petition, where a use not requiring a permit is sought, with respect to a particular parcel of land or existing building a variance from the requirements of this By-law where, owning a special condition affecting specifically such parcel or building, but not generally the zoning district in which it is located, a literal enforcement of the By-law would involve substantial hardship, financial or otherwise, to the appellant, and where desirable relief may be granted without substantially derogating from the intent and purpose of the By-law, but not otherwise. Permits may be granted for variances including those for side yard, set back and frontage dimensions as well as lot size. Petitions for a variance must be filed with the Town Clerk who will transmit them to the Zoning Board of Appeals 10.4 USE VARIANCES There shall be no use variances. Anyone that should desire a change in use designation must apply for a zoning change. 10.5 LIMITATIONS The Board of Appeals may impose limitations of time and use and condition continued use upon compliance with regulations to be made and amended from time to time thereafter. 10.6 VARIANCE NOTIFICATION, HEARING 9-Special Permits. 15.8.1 Approval The Planning Board shall approve an application based on its review of the projected development impacts and the proposed methods of mitigating such impacts upon a finding that the proposed development is in conformance with this By-law. The Planning Board may impose conditions on a site plan, which although in proper form, depicts a use or structure that fails to comply with the objectives required by this By-law and when, in the opinion of the Planning Board, such conditions will render the site plan in compliance with the objectives of this By-law. Such conditions may include, among other matters and subjects, the following: - Controls on the location and type of access to the site. - Requirements for off-site improvements to improve the capacity and safety of roads, intersections, pedestrian ways, water, sewer, drainage, and other public facilities which are likely to be affected by the proposed development. - Requirements for securing the performance of all proposed work, including proposed off-site improvements, by deposit with the Town's Treasurer of a performance bond, negotiable security, cash, or bank passbook in an amount determined by the Planning Board to be sufficient to cover the cost of all or any part of the improvements required as conditions of approval; - Conditions to minimize off-site impacts on traffic and environmental quality during construction. - Requirements for screening parking facilities from adjoining premises or from the street by walls, fences, plantings, or other devices to mitigate adverse impacts. - Conditions to mitigate adverse impacts to the neighborhood and abutters, including but not limited to adverse impacts cause by noise, dust fumes, odors, lighting, headlight glare, hours of operation. Development work shall conform fully to the approved Site Plan, associated conditions, limitations and safeguards. Any proposed changes to the approve Site Plan must be submitted for review by the Planning Board before such change is mad Which entity is the special permit granting authority for cluster/flexible zoning? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] Planning Board, Based on the provided text, the Special Permit Granting Authority for Cluster/Flexible Zoning is the Planning Board. The relevant section states that ""Cluster Development is allowed in certain zoning districts by special permit only. Guidelines for submission and approval of special permit applications shall be followed by the Planning Board in reviewing Cluster Development proposals."" This means that the Planning Board is the entity that reviews permits for cluster development. " "[INST] Context: the site's perimeter, and may be in more than one (1) parcel, provided that the size, shape and location of such parcels are suitable for the designated uses. Contiguous shall be defined as being connected. Open space will still be considered connected if it is separated by a roadway or accessory amenity. Ownership and Management of the Open Space. The land set aside as common open land shall be owned and/or managed by one (1) of the following arrangements, as shall be determined by the Planning Board: Conveyed to an association, corporation or trust owned or to be owned by the owners of lots within the development. If such association is utilized, ownership thereof shall pass with conveyances of the lots in perpetuity. Conveyed to the town, at no cost, and accepted by it for park or open space use. Such conveyance shall be at the option of the town and shall require the acceptance of the land by the Conservation Commission and the approval of the Board of Selectmen. Conveyed to a nonprofit organization, the principal purpose of which is the conservation or preservation of open space. In any case where such land is not conveyed to the town, a conservation restriction, enforceable by the town under MGL Ch. 184, Sections 31-33, shall be required ensuring that such land shall be kept in an open or natural state and not be built upon for residential use or developed for uses such as parking or roadways. Such restrictions shall further provide for maintenance for the common land in a manner which will ensure its suitability for its function, the appearance, cleanliness, proper maintenance of drainage utilities and the like, and empower the town to perform maintenance in the event of failure to comply with the program, and including a provision that the owners of lots or units within the cluster development shall pay the cost thereof and that the cost shall constitute a lien upon their properties until said cost has been paid. This restriction shall be recorded within sixty (60) days of the granting of the special perm land-use boards, as appropriate. Site Visit. The Planning Board and/or its designee(s), along with members from all interested boards and departments, may conduct a site visit prior to or during the special permit public hearing. At the site visit, the Planning Board or its designee(s) shall be accompanied by the applicant and/or its agent(s). With the applicant's permission, interested members of the public may be invited to the site visit. If a quorum of the Planning Board is anticipated to be present at the site visit, the site visit must be properly noticed per the requirements of MGL Chapter 39, Sec. 23a-24. Preferred Design Process. Each OSRD special permit applicant should follow a design process similar to that outlined below. When the plan is submitted, the applicant(s) shall be prepared to demonstrate to the Planning Board that this design process was substantially complied with in determining the proposed layout of open space, streets, house lots and other features of the OSRD. Understanding the site. The first step is to inventory existing site features, taking care to identify sensitive and noteworthy natural, scenic and cultural resources of the site, and to determine the connection of these important features to each other and similar features on abutting properties, if any. Evaluating site context. The second step is to evaluate the site in its larger context by identifying natural (e.g. streams, wetlands, steep slopes), transportation (e.g. roads, woods roads, trails), and cultural (e.g. historic and recreational sites) connections to surrounding land uses and activities. Designating the contiguous open space. The third step is to identify the contiguous open space to be preserved on the site. Such open space should include the most sensitive and noteworthy resources on the site, and, where appropriate, areas that serve to extend existing networks of open space or land protected under easements. Location of building sites and development areas. The fourth step is to locate building sites, par ns. The Board of Appeals may adopt rules and regulations for the administration of its powers. 9260. Fees. The Board of Appeals may adopt reasonable administrative fees and technical review fees for petitions for variances, administrative appeals, and applications for comprehensive permits. 9300. SPECIAL PERMITS 9310. Special Permit Granting Authority. In each instance, the Special Permit Granting Authority shall be the Board of Selectmen, the Planning Board, or the Board of Appeals, as specified herein. 9320. Criteria. Special permits shall be granted by the Special Permit Granting Authority, unless otherwise specified herein, only upon its written determination that the proposed use or structure will not cause substantial detriment to the town or the neighborhood, in view of the particular characteristics of the site and its surroundings. In addition to any specific factors that may be set forth in this Bylaw, the determination shall include consideration of each of the following: 9321. Social, economic, or community needs which are served by the proposal; 9322. Traffic flow and safety, including parking and loading; 9323. Adequacy of utilities and other public services; 9324. Neighborhood character and social structures; 9325. Impacts on the natural environment; and 9326. Potential fiscal impact, including impact on town services, tax base, employment, and property values. 9330. Procedures. Applications for special permits shall be filed in accordance with the rules and regulations of the Special Permit Granting Authority. 9340. Conditions. Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the Special Permit Granting Authority may deem necessary to serve the purposes of this Bylaw. 9350. Plans. Unless otherwise provided in the rules and regulations of the Special Permit Granting Authority, an applicant for a special permit shall submit a plan in substantial conformance with the requireme parking is shown and the standards for a special permit are met, provided that the floor area of the resulting building is no greater than it would be if there were no special permit. 4220. Minimum Lot Width in Residential Districts. The minimum width of any lot in a residential district between the dwelling and the lot frontage shall be no less than forty (40) feet. 4230. Lot Shape The following rules apply to lot shape: 4231. In all residential districts, the required minimum lot frontage shall be maintained into the lot at least as far back as the required minimum front yard for the applicable district. 4232. If the width of a lot narrows to less than fifty percent (50%) of the width of the frontage within the first one hundred fifty (150) feet of the lot depth, the dimensional controls for a rear lot as set forth in Section 7500 shall apply. 4233. At no point shall the lot width measure less than forty (40) feet. 4234. The shape of all lots shall conform to the following requirement: 1. 16A > 0.4 2. P2 3. Where: 4. A = the lot area in square feet 5. P = the lot perimeter in feet. 4235. This formula may be applied to a lot which conforms to all requirements of Section 4000, including, but not limited to frontage, lot area, a minimum of 30,000 contiguous square feet of land exclusive of wetland and flood hazard areas and, when applicable, any requirements of Section 8100. 4240. Residential Use in Commercial or Industrial District A residential use hereafter located in a commercial or industrial district shall conform to the dimensional requirements of the nearest residential district except dwelling units above the first floor as allowed in the Commercial District. 4250. Special Permit; Eminent Domain. Where an action in eminent domain results in a lawfully preexisting building lot being rendered nonconforming, the Board of Appeals may grant a special permit to allow such lot may be built upon thereafter, provided that such lot has 100 feet of remaining frontage and a minimum area of 10,000 square feet. 4300. SPECIAL PERMIT TO VARY HEIGHT LIMITATIONS 4310. be governed by the procedures set forth for special permits in G.L. c. 40A, ss. 9 and 11. A public hearing shall be required. The decision of the Planning Board shall be upon a majority of those present and shall be in writing. No building permit or certificate of occupancy shall be issued by the Building Commissioner without the written approval of the site plan by the Planning Board, or unless 90 days lapse from the termination of the public hearing without action by the Planning Board. 9430. Coordination with Other Permits. 9431. Application for Building Permit. An application for a building permit to perform work as set forth herein available as of right shall be accompanied by an approved site plan. 9432. Application for Special Permit or Variance. An application for a special permit or a variance to perform work as set forth herein shall be accompanied by an approved site plan; in the alternative, any special permit or variance granted for work set forth herein shall contain the following condition: The work described herein requires the approval of a site plan by the Planning Board pursuant to Section 9400 of the Zoning Bylaw. Any conditions imposed in such site plan approval shall also be conditions of this special permit/variance. 9433. Where the Planning Board serves as the special permit granting authority for proposed work, it shall consolidate its site plan review and special permit procedures. 9434. The applicant may request, and the Planning Board may grant by majority vote, an extension of the time limits set forth herein. 9435. No deviation from an approved site plan shall be permitted without modification thereof. 9440. Pre-application Sketch Applicants are invited to submit a pre-application sketch of the proposed project to the Planning Board and to schedule a comment period at a regular meeting of the Planning Board. 9450. Submittal Requirements 9451. Minor Site Plans. Minor site plans may be required to contain all of the information required by this section; provid Which entity is the special permit granting authority for cluster/flexible zoning? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] Planning Board, The text states that the Planning Board shall serve as the special permit granting authority for proposed work in the OSRD, which requires that developments preserve contiguous tracks of land as common open space and concentrating building sites. This is the definition of cluster development, so therefore the Planning Board must be in charge of special permits for cluster developments in Pepperell. " "[INST] Context: one or more groups separated from adjacent property and other groups within the development by intervening open land, unless deemed otherwise by the special permit granting authority. A.residential cluster development shall conform to the following conditions: 1. Contain a minimum tract size of ten (10) acres in the RA, RB and RC Districts, and five (5) acres in the RD District. 2. The number of dwelling units shall conform to the existing density allowed in the corresponding zoning district after subtracting the area which contains wetlands as delineated by Conservation Commission. 3. A minimum of 40% of the total land area of the development shall be dedicated as common open space; no more than 25% of the land required as common open may be wetlands as defined in MGL Ch. 131, Section 40, or waterbodies. 4. There shall be a minimum width of 50 feet of buffer area between attached cluster buildings, and a minimum width of 50 feet of buffer area between attached clusters and the abutting property lines or street. These buffer areas shall provide suitable landscaping to screen and cluster buildings from each other, abutters, and streets year round. C. Required Open Land 1. At least 40% of the tract (exclusive of land set aside for roads and parking-) shall be open land. At least 75% of the open land shall be suitable for passive or active recreations use, and shall not be wetlands or land subject to seasonal flooding. 2. The open land, and such other facilities as may be held in common, shall be conveyed to one of the following, as determined by the Planning Board, subject to the following guidelines. In general, valuable natural resource land, such as wetlands not suitable for any public use or suitable for extensive public recreational use, should be conveyed to the Town or to a trust: whereas land which will be principally used by the residents of the cluster should be conveyed to any of the following: a. To a corporation or trust comprising a home association whose membership includes the owners of of open space. The developer or charity shall grant a conservation restriction as set out in (a.) above. c. To the Town for park or open space use, subject to the approval of the Selectmen and Town Meeting, with a trust clause ensuring that it be maintained as open space. 3. Open space shall be restricted to recreational uses such as parks, playgrounds and conservation areas and shall not be built upon except as approved by the Planning Board. Only structures incidental for recreation, conservation or parks shall be allowed subject to approval by the Planning Board. These restrictions shall run with the deed in perpetuity. 4. All open space areas shall have dry access to the street suitable for use by maintenance and emergency vehicles. 5. The applicant shall submit a plan for maintenance of the open space area. 6. The applicant shall give evidence that a functional relationship exists between the open land and the proposed clusters. Such land shall be of such size, shape, dimension, character, and location as to assure its utility for park conservation or recreation purposes. E. Lot and Yard Requirements 1. Attached cluster units shall not exceed a total of four (4) units per building in the RA and RB districts and six (6) units per building in RC and RD districts. 2. These attached units, if designed as part of an association under single joint ownership, shall only meet the lot and yard requirements within this section. Density shall follow guidelines set forth in Section B.3 of this bylaw. 3. Detached cluster units shall conform to 2.6 except for the lot and yard requirements provided below: Minimum Lot Requirements,""RA, RB, RD"",RC Area (sq. ft.),""20,000"",N/A Width (ft.),80,N/A Frontage (ft.),80,N/A 4. No building shall exceed two (2) stories. F. Administrative Procedures The Planning Board, as the Special Permit Granting Authority (SPGA), shall adopt rules relative to the issuance of special permits and file a copy with the Town Clerk. The Planning Board shall no rovisions relating to operational standards and permit procedures shall apply. G. Performance Bond: The Board of Appeals shall require that a performance bond, of a surety company authorized to do business in the Commonwealth of Massachusetts, be posted, in an amount determined by the Board of Appeals, as sufficient to guarantee conformity with the provisions of any permit issued hereunder. Cash may be deposited with the Treasurer of the town, to be held by the town as surety, in an amount equal to the surety required, in place of a bond. Such bond, and/or cash, shall not be released until there is filed with the Board of Appeals a certification from a registered engineer and an approval from: the Planning Board and the Zoning Enforcement Officer (Building Inspector) that the site conditions at the completion of all work are in accordance with the requirements of the permit. (Amended STM 10/13/94) 2.13.0 Residential Cluster Development A. Statement of Purposes: A residential cluster development may be authorized by special permit in the Town of Plainville in order to achieve the following objectives: 1. Flexible and sensitive site design; 2. Promotion of measures to ensure compatibility of growth and sensitivity to the natural environment; 3. Enhancement of residential and community amenities by provision of open space; 4. Promotion of economical and efficient use of roads, water and sewer lines and other related infrastructure; 5. Promotion of diverse and energy-efficient housing at a variety of costs; and 6. Protection of water bodies and supplies, wetlands, floodplains, agricultural lands, wildlife, and other natural resources. B. Definition and Applicability: Residential cluster development means a residential development in which the buildings and accessory uses are clustered together into one or more groups separated from adjacent property and other groups within the development by intervening open land, unless deemed otherwise by the special permit granting authority. A.residential clus 8. SPECIAL PERMITS The Board is the special permit granting authority for all uses authorized in the Plainville Zoning By-Laws. The Applicant shall submit sufficient information, clearly and factually supported, to justify the issuance of a Special Permit. The Applicant shall: Identify the particular use and extent of activity proposed for the land and buildings, if any; Show that the authorization sought will be desirable and without substantial detriment to the public good; Support a finding that the relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Zoning By-Law. The Board shall determine that the use shall not be noxious, harmful or hazardous and that the use shall be socially and economically desirable and shall meet an existing or potential need. The beneficial effects upon the neighborhood and environment must outweigh the detrimental effects of development which could occur if the Special Permit were denied, and no reasonable alternative to accomplish the Applicant's purpose will be more compatible with the character of the neighborhood. The Board shall grant no Special Permit without consideration of site plans concerning the following if appropriate: 1. The extent of impervious areas, water supply, drainage and the layout and design of disposal facilities. 2. Provisions and conditions designed to prevent or correct conditions detrimental to water resources, health, safety and welfare. 3. Provisions and conditions to prevent pollution of ground and surface waters. The Board may refer applications to the Boards and officials for review and recommendations. An approved site plan, unless expressly waived, shall be a condition to all Special Permits. Such site plan shall be prepared by a Registered Engineer or a Registered Land Surveyor, at a scale of eigh r, 1990) (Amended A.T.M. June 7, 1999) (Amended A.T.M. June 6, 2005) 1.4 Board of Appeals There is hereby established a Board of Appeals of five members and three associate members to be appointed by the Selectmen, as provided in Chapter 40A of the General Laws, which shall act on all matters within its jurisdiction under this By-Law in the manner prescribed in Chapter 40A of the General Laws. The Board of Appeals shall have the following powers: 1.4.1 Appeals The Board of Appeals shall hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of Chapter 40A of the General Laws, by the regional planning agency or by any person including an officer or board of the Town, or of an abutting city or town aggrieved by an order or decision of the Building Inspector or other administrative official in violation of any provision of said Chapter 40A of this By-Law. The Board of Appeals established under this section shall be the permit granting authority provided under the provisions of MGL Chapter 40A with authority to hear and decide applications for permit requiring the waiver of strict compliance or the combination or replatting of lots as provided in Sections 2.5.4. and 2.5.5. of this By-Law. Such exceptions to the requirements of this By-Law may be granted provided the Board of Appeals finds that such a grant: 1. Would not in any substantial sense be detrimental to the immediate neighborhood; and 2. Would not in any substantial sense depreciate property values in the same neighborhood. 1.4.2 Special Permits Except as may be provided otherwise in this By-Law, the Board of Appeals established under this section shall be the special permit granting authority under this by-law and shall hear and decide applications for special permits subject to the special and general conditions of this by-law. No special permit may be issued except following a public hearing held within s Which entity is the special permit granting authority for cluster/flexible zoning? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] Planning Board, The Planning Board is the special permit granting authority for all uses authorized in the Plainville Zoning By-Laws. Therefore, they are the special permit granting authority for cluster developments (which are explicitly permitted) in Plainville. " "[INST] Context: Section 205 Special Permits 205.01 Procedures A) The Special Permit Granting Authority may grant a special permit for certain uses and structures as authorized in Parts III and IV of this Bylaw, subject to conditions and procedures set forth herein and in other applicable sections of the Bylaw. B) Following application to the Building Inspector for a zoning permit, the applicant shall file a request for a special permit with the Town Clerk. Copies of the application, including the date and time of filing, certified by the Town Clerk, shall be filed forthwith by the applicant with the appropriate Special Permit Granting Authority and to such officer or board whose order or decision is being appealed. Application for a special permit shall be filed with required number of copies indicated on forms provided by the Special Permit Granting Authority and should include any plans or other documents advised previously by the Building Inspector. The Special Permit Granting Authority may require additional information as necessary to adequately judge the merits of the request. C) Applications for special permits shall be distributed immediately to the Planning Board, the Design Review Board, Fire Chief and the Board of Health, and the appropriate Village Steering Committee The reports of the Design Review Board and the Board of Health, and Village Steering Committee, which are advisory, shall be submitted to the Planning Board within twenty-one (21) days of filing of the applications The Planning Board shall transmit all such advisory reports to the Board of Appeals within thirty-five (35) days of the filing of the applications. **Webmasters Note: The previous subsection has been amended as per Case No. 1532 dated 2/12/01. D) Within thirty (30) days of filing of a special permit with the Board of Appeals the Planning Board shall evaluate the proposal with regard to the conditions and standards set forth herein and in the Rules of the Board of Appeals and shall submit an advisory report in writing to the Board of Appeals elopment consistent with the availability and adequacy of public facilities necessary to support development and to protect the public health, safety and welfare. The phasing of development, based on public facility conditions, will provide for orderly growth and development to meet projected demands while discouraging sprawl and leapfrog development patterns which create service inefficiencies, increase costs and cause scattered facility demands. Thus, for certain residential uses prescribed by Zoning District in part IV of the Zoning Bylaw, the Planning Board shall not grant a special permit unless the specified Adequate Facility Conditions are satisfied. This section is intended to provide for a detailed review by the Planning Board, aided by other Town boards, or residential uses at densities which will have a significant impact on the health, safety, and general welfare of the Town and its inhabitants due to their location and impact on or need for supporting public facilities. This provision is adopted pursuant to the authority of and purposes specified in the Zoning Act (Chapter 40A, Massachusetts General Laws annotated) which empowers Towns, among other things, to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other requirements; to conserve natural resources; and to encourage the most appropriate use of land throughout the community. B. Special Permit Required for Village Density Development 1. Except for cases specifically exempted below, prior to the issuance of any zoning permit for village density development, the applicant shall be required to obtain a special permit from the Planning Board. This requirement shall apply to developments approved after the effective date of this bylaw other than those exempted by state statute. 2. Inapplicability: This bylaw shall not apply to developments of one or more single-family units at a net density of one unit per sixty thousand (60,000) square feet or less: provided, however, that such de 3) Subsequent to the issuance by the Board of Appeals of a Special Permit for a P.I.J.D. Master Plan, special permits for phases thereunder shall be issued by the Board of Appeals, provided that such application for special permits for phases are consistent with the provisions of the Special Permit for the P.U.D, Master Plan and this Section 310. I) Modifications to Environmental Design Conditions. In a High Technology Planned Unit Development, the following modifications to Environmental Design Conditions shall apply: 1) Notwithstanding the provisions of Section 205.03(C)(1) and 205.03(C)(3), plans may be drawn to the scale of no greater than 1"" = 400' where practical and appropriate to the size of the proposal, and locus maps may be drawn to the scale of no greater than 1"" = 100,000'. 2) Notwithstanding the provisions of Section 205.03(C)(2), topography way be shown at no greater than five (5') foot contour intervals, and tree depiction and photograph sizes shall be as practical and appropriate to the size of the proposal. 3) Notwithstanding the provisions of Section 205.03(C)(4), plans submitted in connection with a Master Plan Special Permit shall contain a level of detail consistent with a master plan perspective, and shall not be required to indicate the precise location or contain all the elements otherwise required under Section 205.03(C)(4). The requirements of Section 205.03(C) (4) shall be met as a condition of issuance of a special permits for each phase of an approved P.U.D. Master Plan. J) Other Requirements. 1) Waivers with respect to dimensional and similar requirements in a P.U.D., or any other section of the Zoning Bylaw which may be incorporated by reference into this Section 310, may be authorized by the Board of Appeals in the special permit for the P.U.D. Master Plan and/or in the special permit for any phase of the P.U.D. upon a demonstration that the proposed waiver or modification is of high standards and that any departure from the general criteria will not violate the intent ng plans. c. The general land area, number of buildings or units within buildings and approximate floor area ratio shall be specified for the total site, for all common land, and for each area devoted to a different type of building or use, as delineated on the plan. d. The general location, size, and intended use of all Common Open Space or Facilities and the firm or organization intended to own and/or maintain same. e. The general location and size of all proposed structures including a schedule of various land use types; the general location of all roads, pedestrian circulation systems, method of water supply, sewage disposal, public utilities, method of surface water drainage disposal. f. A schedule showing the generally proposed times within which applications for special permits subject to Environmental Design Conditions for various phases to be applied for, which schedule may be subject to variation depending on market forces. g. A written statement by the landowner setting forth the reasons why an Open Space Mixed Use Development would be in the public interest and consistent with the objectives of this Section. h. Draft legal documents, as required, to provide for Reserved Land and Common Open Space or Facilities. 3. Processing of Application for Special Permit for an Open Space Mixed Use Development Master Plan. Application shall be processed, heard and acted upon as with any other application for a special permit, subject to Environmental Design Conditions. When deemed necessary by the Planning Board, an independent consultant may be retained by the Town at the expense of the applicant to review the findings of any report or submissions made hereunder. 4. Special Permit for an Open Space Mixed Use Development Master Plan. The Board may include, as a condition of the permit, the schedule of applications for special permit subject to Environmental Design Conditions for phases and any additional drawings, specifications and form of performance bond that shall accompany such. applications. The applicant shall, within twenty (20) days a the Planning Board and the Building Inspector; 2) A certified copy of its decision shall be mailed to the owner and to the applicant if other than the owner; 3) A notice of the decision shall be sent to the parties of interest and to persons who requested a notice at the public hearing; In addition: copies of the detailed record of its proceedings indicating the vote of each member and setting forth the reasons for said vote shall be filed at the office of the Town Clerk within 14 days of the said decision and all of the above shall be completed within 90 days after the public hearing date. H) No special permit shall take effect until notice of approval is recorded with the title of the land in question in the Plymouth County Registry of Deeds or the Plymouth Land Registry District and until a certified copy of said recording is transmitted to the Board of Appeals by the Registry. The responsibility and the cost of said recording and transmittal shall be borne by the owner of the land in question. A.petitioner, who seeks approval because of the special permit granting authority's failure to act on an appeal, variance, or special permit, must notify the Town Clerk in writing within fourteen (14) days from the expiration of said time limit for a decision, of such approval and that notice be sent by the petitioner to the parties in interest by mail which shall specify that appeals, if any, shall be made pursuant to section seventeen of M.G.L. Chapter 40A and shall be filed within twenty (20) days after the date of filing the request for approval with the Town Clerk by the petitioner. 205.02 Conditions and Safeguards A) The Board of Appeals shall not grant any Special Permit unless necessary conditions are satisfied, including but not limited to the following: 1) The proposed use is appropriate in the Zone and specific site in question, more particularly to promote the most appropriate use of land throughout the Town in accordance with a comprehensive plan, **Webmasters Note: The prev Which entity is the special permit granting authority for cluster/flexible zoning? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] Board of Appeals, Planning Board, The Board of Appeals and Planning Board are the SPGAs for various types of cluster development, including Open Space Mixed Use Developments and PUDs. " "[INST] Context: fied within this bylaw which shall only be permitted upon issuance of a special permit. Special permits may be issued only for uses which are in harmony with the general purpose and intent of the bylaw, and shall be subject to the specific provisions established herein. Such permits may also impose conditions, safeguards, and limitations on time or use. B. Granting authority. (1) The Zoning Board of Appeals is designated as the granting authority for special permits as required under Article IV, Schedule of Permitted Uses, Uses Requiring Special Permit (except for Planned Unit Developments), § 415-22E, Land alteration regulations, and § 415-38, Shopping centers. Special permits may be granted upon application to the Zoning Board of Appeals and after consideration of recommendations as appropriate from other Town Boards and Agencies. (2) The Planning Board is designated as the Special Permit Granting Authority for Special Permits as required under Article VII, Planned Unit Developments, and Article IX, Planned Residential Development for Seniors, and as the reviewing authority for action under Article VIII, Site Plan Review. (3) The Special Permit Granting Authority shall adopt and from time to time amend rules relative to the issuance of such permits, and shall file a copy of said rules in the office of the Town Clerk. (4) There shall be one associate member of the Planning Board, who shall be eligible to participate solely in matters in which the Planning Board is acting as the Special Permit Granting Authority, in accordance with MGL c. 40A, § 9. The chairman of the Planning Board may designate the associate member to sit on the Planning Board for the purposes of acting on a special permit application, in the case of absence, inability to act, or conflict of interest, on the part of any member of the Planning Board or in the event of a vacancy on the Planning Board. The associate member shall be appointed for a two-year term by the Board of Selectmen, in accordance with § C-2.02K of the Town Charter and § 139-2E of the Town Bylaws. [Added 5-5-2008 ATM, Art. 68] C. In considering each application for a special permit, the granting authority shall: (1) Conduct a public Hearing held within nding the decision of the Board, the stop order shall remain in effect and all activity under the permit shall be suspended. (5) A special permit granted under this section shall lapse if a substantial use there of has not commenced, or in the case of a special permit for construction, has not begun, within two years of the date of the permit, notwithstanding the provision of MGL c. 40A, § 9. E. Permits by zoning enforcement officer in certain emergencies. Where an existing and occupied dwelling or structure has been accidentally damaged or destroyed by fire or other cause, the Zoning Enforcement Officer may issue a permit to the affected occupants for their temporary use of a mobile home, or other suitable shelter, on the premises so damaged or destroyed. Such permit shall be issued only to alleviate the immediate hardships caused by the unforeseen emergency, shall not be transferable, and neither the original permit nor any renewals thereof shall extend the use beyond six months from the date of the accidental loss, and shall be on such terms and conditions as the said Officer may prescribe. F. Provisions relating to conversions and/or renovations of existing factories or other industrial building or buildings in the I-1 zoning district. [Added 5-7-2007 ATM, Art. 36] (1) It is the intent and purpose of this section to provide a method to rehabilitate, renovate and/or convert old, decaying, under utilized, abandoned or decrepit factories or other industrial buildings with the I-1 zoning district to multifamily residences, or multifamily residences and uses otherwise allowed in the zoning district by right or by special permit. (2) Conversion, rehabilitation and/or renovation of factories or other industrial building or buildings will be allowed under the Special Permit process pursuant to this section provided that: (a) Exterior design shall be in harmony with neighborhood and general character of the Town; (b) Landscaping will be included in the conversion to enhance conversation; (c) Each dwelling unit's floor area will not be less than 650 square feet; and (d) The other applicable provisions of this section are compiled with. Notwithstanding anything contained in § 415-22F of can accommodate and the basis for these calculations; [4] If applicable, a written statement that the proposed facility complies with, or is exempt from applicable regulations administered by the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health; [5] The applicable review and advertising fees as noted in the application guidelines. (d) The applicant must produce and file proof of authorization for the location proposed, such as a deed, lease, license or preliminary approval of same, such as a letter of intent. (e) Nothing contained in this bylaw shall preclude the SPGA from requesting additional information related to the subject of the applications, which information shall be provided by the applicant. F. Criteria for review and approval: (1) The SPGA shall review all applications for communications facilities and shall find: (a) That the location of the facilities is suitable and the size, height, and design is the minimum necessary for that purpose; (b) That the proposed facility will not adversely impact historic structures or scenic views. (c) That there are no feasible alternatives to the location of the proposed facility (including co-location) that would minimize their impact and that the applicant has exercised good faith in permitting future co-location of facilities at the site. (d) That the proposed facility is in compliance with Federal and State requirements regarding aviation safety. The findings, including the basis for such findings, of the Board shall be stated in the written decision of approval, conditional approval, or denial of the application for Special Permit. (2) The Board shall also impose, in addition to any applicable conditions specified in the bylaw, such applicable conditions as it finds reasonably appropriate to safeguard the neighborhood or otherwise service the purposes of this bylaw, including, but not lim Town Charter and § 139-2E of the Town Bylaws. [Added 5-5-2008 ATM, Art. 68] C. In considering each application for a special permit, the granting authority shall: (1) Conduct a public Hearing held within 65 days after filing of an application by certified mail with the granting authority, a copy of which shall also be sent by certified mail to the Town Clerk. The date of filing shall be the postmark date of the application. When an application requires a number of copies of plans, specifications, and other supporting documents, the application shall be filed by mail as above, and the supporting data delivered by the applicant to the granting authority within five days of the postmark date of the application; (2) Take final action upon an application within 90 days following a public hearing for which notice has been given as provided in MGL c. 40A, § 11. D. Revocation/lapse of special permits. (1) Any special permit shall be suspended or revoked for breach of the conditions contained therein. (2) Upon such revocation or suspension, the Granting Authority shall give written notice and reasons therefore to the permit holder. Upon such written notice, the Enforcement Officer shall issue an order to stop all activity under the permit. (3) The permit holder may, within 14 days, take action to eliminate the alleged breach of conditions and, by written request, may obtain an inspection by the Enforcement Officer. The latter shall immediately report his findings in writing to the Granting Authority, with a copy to the permit holder. If the alleged breach of conditions has been eliminated, the suspension or revocation of the permit shall automatically terminate as of the date of the Enforcement Officer's report. If the permit holder does not avail himself of the above procedure within the allotted time period, the permit shall be considered permanently revoked. (4) The stop order described above may be appealed to the Zoning Board of Appeals, as provided in Article XII of this bylaw. Pending the decision of the Board, the stop order shall remain in effect and all activity under the permit shall be suspended. (5) A special permit granted under this section shall lapse if a substantial use t application for a Special Permit is filed with the SPGA under this section, the SPGA shall transmit within 10 days of the filing of the completed application, copies of the application and other documentation to the Town Clerk and to the Zoning Board of Appeals, Water Commission, Sewer Commission, Board of Health, Conservation Commission, Building Department, Highway Department, Fire Department, Police Department, Town Engineer, Town Counsel, and Board of Selectmen for their consideration, review and report. The copies necessary to fulfill this requirement shall be furnished by the applicant upon submittal. Any such reviewing party to which Special Permit applications are referred for review shall make such recommendations as they deem appropriate and shall send copies thereof to the SPGA and to the applicant. Failure of these reviewing parties to make recommendations within 35 days after having received copies shall be deemed a lack of opposition thereto. C. The SPGA may require the applicant to provide projections of traffic impacts, to aid the SPGA in determining whether the grant of the Special Permit would serve the purposes of the bylaw. D. The SPGA may engage, at the expense of the applicant, professional, technical, and/or legal consultants to review the application, pursuant to MGL c. 44, §§ 53G and 53E 1/2. § 415-74. Ownership of common land. Required open space shall be set aside as common land. Said common land shall either be conveyed in whole or in part to the Town of Rockland and accepted by it for park or open space use, or be conveyed to a nonprofit organization whose principal purpose is the conservation of open space, or be conveyed to a corporation or trust owned or to be owned by the owners of the dwelling units within the PRDS. The SPGA shall approve the form of ownership of the common land. The conveyance of conservation trail easements for the benefit of the public shall be encouraged, where appropriate. If the common land or any portion thereof is not conveyed to the Town of Rockland, a perpetual restriction, a Which entity is the special permit granting authority for cluster/flexible zoning? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] Planning Board, The Planning Board is designated as the Special Permit Granting Authority for Special Permits as required under Article VII, Planned Unit Developments, and Article IX, Planned Residential Development for Seniors." "[INST] Context: ng shall be held within sixty-five (65) days after filing of an application in accordance with Massachusetts General Laws, Chapter 40A. (4) Failure of the planning board to take final action upon an application within ninety (90) days following the date of the public hearing shall be deemed to be a grant of the permit applied for. (5) After a notice and public hearing as set forth above, the planning board, by a two-thirds ( 2/3) vote, may grant such a special permit provided that: a. If the surrounding area is residential in nature or is land reserved for conservation use, or is land which the board determines to be appropriate for such a requirement, a seventy-five-foot buffer zone shall be provided on the parcel being proposed for development within which no construction or disturbance of land, excepting approved landscaping or screening, shall take place. b. To enhance the quality of the development and to maintain adequate open space, ten (10) percent of all land area must be maintained as open space. No construction of any kind shall take place in such area. c. Parking and loading requirements: Parking and loading requirements shall be met as defined in sections 7-3 and 7-4 of this article or as required by the planning board. d. Screening and landscaping: The proposed development shall properly screen all buildings, structures and other construction with vegetative landscaping, earth berms, fencing or other appropriate screening as determined by the planning board. e. Waivers and further conditions: The planning board may, in appropriate cases as it determines, impose further restrictions upon the business park development or parts thereof as a condition to granting the special permit and may waive any defined restrictions and requirements as deemed inappropriate by the planning board. f. Complementary and ancillary uses: In addition to the uses set out as permitted uses in the Business Park Development District in section 5-2, the development of other uses shall also be allowed at the discretion of the planning board, if the board determines that such use will ed districts after holding a public hearing. k. Notwithstanding anything in these zoning regulations to the contrary, sales of individual dwelling units in multifamily dwellings or otherwise, constituting townhouses, row houses or attached houses or the like, may be made without compliance with the residential density regulations appearing in this ordinance, excepting only that a minimum lot area of each dwelling unit shall be one thousand (1,000) feet. (6) Notwithstanding the ""specifically excluded"" list of uses specified in paragraphs (b) and (c) of this section, certain other uses will be allowed by special permit for certain multifamily complexes. Therefore, multifamily (apartment) buildings and developments complying with the following basic minimum requirements may have the hereinafter permissive special permit uses built and occupied as part of the development: a. The hereinafter listed special permit uses may be built and occupied by a special permit issued by the board of appeals as required by section 9-4 hereof. The basic minimum requirement shall not be changed. If any change in the basic requirement is made, the special permit use shall cease forthwith. The basic requirements are: 1. There shall be a minimum of one hundred fifty (150) dwelling units in the building or buildings. 2. The ownership title to all buildings and all land shall be held in a single ownership, either by a corporation or an individual. 3. All multifamily buildings shall be built and so located that no other type of building except a multifamily dwelling shall occupy any part of the land or development. 4. The area occupied by all businesses permitted by the special permit uses shall be within a multifamily dwelling or may be in an ell or wing, providing the ell is more or less attached to the main building. 5. The areas required for such special permit occupancy shall be predetermined so as to prevent locating such businesses in a haphazard manner. It is the intention of this provision to concentrate the business into one (1) general area to create a ""local business area"" with ter 40A and unless said application complies in all other respects with provisions of this zoning ordinance. (d) Violation of such conditions and safeguards as are made a part of the terms under which the special permit is granted shall be deemed a violation of this ordinance. (e) Failure by a special permit granting authority to take final action upon an application for a special permit within ninety (90) days following the date of public hearing shall be deemed to be a grant of the permit applied for. (f) Construction or operations under a special permit shall conform to any subsequent amendment of this ordinance, unless the use or construction is commenced within a period of not less than six (6) months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. (g) Any special permit granted under this section shall lapse within two (2) years, and including such time required to pursue or await the determination of an appeal from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause. Sec. 9-5. Variances. (a) In authorizing, upon appeal or petition in specific cases, a variance from the terms of this ordinance, the board of appeals shall determine that such variance will not be contrary to the public interest and that, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. (b) A variance from the terms of this ordinance shall not be granted by the board of appeals unless and until: (1) A written application for a variance is submitted, demonstrating that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildin ard of health and conservation commission, who may at their discretion investigate the application and report in writing their recommendations to the planning board. The planning board shall not take final action on such plan until it has received a report thereon from the inspector of buildings, city engineer, board of health and conservation commission or until thirty-five (35) days have elapsed after distribution of such application without a submission of a report. The planning board shall hold a public hearing on said application as soon as possible after receiving the above reports, in accordance with Chapter 40A of the Massachusetts General Laws. The planning board shall notify the applicant in writing of its decision on the special permit. The decision shall document the proposed development or use and the grounds for granting or refusing the special permit. The planning board may, as a condition of approval, require that the applicant give effective notice to prospective purchasers, by signs or by recording the special permit at the registry of deeds, of the wetland or flood hazard conditions associated with said premises and the steps undertaken by the petitioner or his successor in title to alleviate the effects of same. (f) Area and yard regulations. The portion of any lot within the wetlands and/or flood hazard districts may be used to meet the lot area, open space and yard requirements for the underlying zoning district in which the lot is situated without application for a special permit. (g) Variances. A variance may be granted from the provisions of this section in accordance with the terms of this zoning ordinance and with the terms of Massachusetts General Laws, Chapter 40A, Section 10, but only upon the following additional terms and conditions: (1) A special permit has been applied for in accordance with this section and has been denied. (2) The board of appeals shall only grant a variance from the provisions of this section upon: a. A showing of good and sufficient cause; b. A deter clerk that twenty (20) days have elapsed and no appeal has been filed or that if such appeal has been filed it has been dismissed or denied, is recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of tile. The fee for recording or registering shall be paid by the owner or applicant, and the board of appeals shall notify the applicant of his responsibility for filing with the registry of deeds. Sec. 9-4. Special permits. (a) In hearing and deciding applications for special permits, the board of appeals shall decide such questions as are involved in determining whether such special permit should be granted and shall grant special permits with such conditions and safeguards as are appropriate under this ordinance or shall deny special permits when not in harmony with the purpose and intent of this ordinance. The board of appeals shall not have the power to grant any special permit where use of land or structure is specifically excluded from the district. (b) The board of appeals may authorize the issuance of a special permit for a change to another nonconforming use of an existing nonconforming building or use or its alteration or enlargement, provided that the board finds that the use as changed, altered or extended will not depart from the intent of this ordinance and its prior use or degree of use; provided that such building or use is neither increased in volume nor area unreasonably. (c) A special permit shall not be granted by the board of appeals unless and until written application for the special permit is made, stating the grounds on which such permit is requested and public notice and hearing is held in accordance with Chapter 40A and unless said application complies in all other respects with provisions of this zoning ordinance. (d) Violation of such conditions and safeguards as are made a part of the terms under which th Which entity is the special permit granting authority for cluster/flexible zoning? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] I don't know, Cluster development and/or flexible zoning are not provided in the excerpt. Therefore, I cannot determine who is the special permit granting authority for cluster developments in Salem. " "[INST] Context: gnated operator, and the SPGA, shall be executed which defines the terms of and responsibility for the maintenance as required by the SPGA. Said agreement shall constitute a condition of the Special Permit. An additional bond shall be posted, in the form of a separate passbook account in an amount to be set and approved by the SPGA, to be utilized for maintenance of the facility and its access road and screening in the event the maintenance agreement to be executed between the SPGA and the applicant is not complied with to the on-going satisfaction of the SPGA. 4.15.7. Site Plan Approval a. Site Plan Approval by the Planning Board is required for the siting and construction of all wireless telecommunication facilities as defined above in Section 4.15.2 of this Bylaw. If modification of a previously issued Special Permit is sought, the Planning Board may require approval of a new site plan. b. Site Plan review by the Planning Board may be conducted concurrently with the proceedings and public hearings of the Special Permit application as defined in Section 4.15.4 of this Bylaw. c. Site Plan applications shall be made in conformance with the Site Plan Section (Section 7) of this Protective Zoning Bylaw, and in conformance with the Site Plan Review Regulations adopted by the Shirley Planning Board. 4.16 Infill Residential Uses (Added 11-01-05) Where Infill Residential Uses are allowed by Special Permit from the Planning Board, the following additional requirements shall apply. 4.16.1. Affordable Housing Requirement. The Planning Board may issue a Special Permit to authorize the construction of a single-family dwelling or a two-family dwelling on a lot which does not meet the minimum lot area or frontage requirement, provided that the single-family dwelling or one unit in a two-family dwelling is affordable housing as defined in this Bylaw. 4.16.2. Affordable Housing Use Restriction. Prior to obtaining a building permit, the applicant shall record an affordable housing restriction or regulatory agreement at the R er open space; 7. Economic effect and general compatibility and harmony with adjacent properties and other property in the district; 8. The comments and recommendations of the Planning Board have been considered where the Special Permit has been submitted to the Planning Board and the Planning Board has submitted its recommendations as required by this Bylaw. Reasons for not accepting any of the comments and recommendations of the Planning Board shall be noted. c. A Special Permit shall only be issued following a public hearing held within sixty-five (65) days after filing of an application with the Special Permit granting authority, a copy of which shall forthwith be given to the Town Clerk by the applicant. Within ten (10) days after receipt of the application for a special permit under this section, the Board of Appeals shall transmit copies thereof, together with copies of the accompanying plans to the Board of Health, the Planning Board, and the Conservation Commission. All such boards shall investigate the application and report in writing their recommendations to the Board of Appeals. The Board of Appeals shall not take final action on such application until it has received a report thereon from the Board of Health, Planning Board and the Conservation Commission or until said Boards have allowed thirty-five (35) days to elapse after receipt of such application without submission of a report. Failure by the permit granting authority to take final action upon the application for a Special Permit within ninety (90) days of date of the public hearing shall be deemed a grant of the permit applied for and the Town Clerk shall certify forthwith. A Special Permit granted pursuant to this section shall lapse after two (2) years, including such time required to pursue or await the determination of an appeal from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause, or in ce to the contrary that such co-location is not feasible. h. Facilities shall be removed upon cessation of use, at the sole expense of the owner(s) of the facility defined in Section 4.15.6.a below. Use of the facility shall be determined to have ceased when it has not been in use for a period of twelve (12) continuous months, of for a total of eighteen (18) out of the last thirty (30) months. Records shall be submitted to the SPGA annually indicating the usage of the facility over the previous twelve (12) months, and its current operational status. Such information shall be a condition of the Special Permit. i. All wireless telecommunications facilities shall comply with all applicable standards and regulations of the Federal Communications Commission (FCC), Federal Aviation Administration (FAA), the American National Standards Institute, the Massachusetts Aeronautics Commission, and the Massachusetts Department of Public Health. The SPGA may require annual certification demonstrating continuing compliance with regulations and requirements of any or all of the above regulatory agencies as a condition of the Special Permit. j. If the SPGA determines that independent review of the Special Permit is required, it may require the applicant to pay a review fee consisting of reasonable costs to be incurred by the SPGA for the employment of outside consultants pursuant to rules adopted by the SPGA as authorized by M.G.L. Chapter 44, Section 530. 4.15.4. Special Permit (revised 6/8/2009) a. The Shirley Planning Board is hereby designated the Special Permit Granting Authority (SPGA) to grant Special Permits for wireless telecommunications facilities. Special Permits shall be administered according to Section 10.3 ""Issuance of Special Permits"" of the Shirley Protective Zoning Bylaw. b. Expiration/Renewal 1. A Special Permit granted under this Bylaw shall expire within two (2) years of the date of issuance of the permit. Prior to the expiration of the Special Permit, the applicant shall make application to the SPG 4.SPECIAL REGULATIONS 4.1 Multi-Family Housing (Revised 11-01-05) In any district where multi-family housing is a permitted or special permitted use, it shall be subject to the following requirements, except that multi-family units in an Low Impact Development shall comply with the regulations in Section 4.2A of this Bylaw. 4.1.1.Site Plan Review Multi-family housing is subject to Site Plan Review under Section 7 of this Bylaw. 4.1.2.Maximum Density a. Where conversion of an existing single-family dwelling to three multi-family units is a permitted use or a use allowed by special permit, the minimum lot area shall be at least 1.5 times that of the applicable minimum lot area for a single-family dwelling. b. For multi-family housing of four (4) units or more, the maximum density is as follows: District,Maximum Density R-3,""20,000sf for the first unit plus 10,000sf for each additional dwelling unit, up to a maximum of 24 units"" ""Village Business, Mixed-Use, or Commercial District"",""20,000sf for the first unit plus 10,000sf for each additional dwelling unit, up to a maximum of 36 units"" c. More than one principal building may be permitted on a single lot by Special Permit from the Planning Board. No principal building may contain less than three (3) units nor more than six (6) units unless waived by the Planning Board. 4.1.3.Affordable Housing Requirement a. To qualify for a Special Permit for multi-family housing of four or more units, the applicant must include housing affordable to low- or moderate-income households as defined in this Bylaw, as follows: the seventh unit and every sixth unit thereafter shall be a low- or moderate-income housing unit. Nothing in this section shall preclude an applicant from providing more low- or moderate-income housing units than the minimum required by this Bylaw. b. All low- and moderate-income affordable units shall be subject to an affordable housing restriction pursuant to M.G.L. c.184. c. The Building Inspector shall not issue an occupancy permit to the applicant without A Special Permit granted under this Bylaw shall expire within two (2) years of the date of issuance of the permit. Prior to the expiration of the Special Permit, the applicant shall make application to the SPGA for renewal of the Special Permit for an additional two (2) year period. Said renewal shall not require the technical submissions of the original application, provided that conditions of the site and facility have not changed materially from the original application. A certification by a Structural Engineer licensed in the Commonwealth of Massachusetts as to the condition and structural integrity of the tower and its antennas shall accompany every application for renewal. 2. Any transfer of licenses or equipment, shall require the new owner to re-apply for a Special Permit under the requirements of this Bylaw. Special Permits shall not be transferable under this Bylaw. c. Application All applications for a Special Permit for a wireless telecommunications facility shall be submitted on forms provided by the SPGA and shall include at a minimum the following supporting information: 1. A locus plan at a scale of l inch=1000 feet which shall show all property lines, the exact location of the proposed structure(s), streets, topography in a general manner including significant landscape features, residential dwellings and neighborhoods within 1000 feet of the site, all buildings within 500 feet of the proposed facility, and all other wireless telecommunications towers within two (2) miles of the proposed site. 2. A color photograph of the proposed site from the five (5) clearest vantage points with a scale rendition of the appropriate view of the proposed tower superimposed over the photographs. 3. Ten (10) copies of a plan conforming to requirements for a Site Plan set out in Section 7 of the Protective Zoning Bylaw and in the Site Plan Review Regulations adopted by the Shirley Planning Board. 4. Documentation consisting of a Technical Report prepared by a Professional Engineer registered in the Commo Which entity is the special permit granting authority for cluster/flexible zoning? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] I don't know, Cluster development and/or flexible zoning are not discussed in the excerpt. Therefore, I cannot determine who is the special permit granting authority for cluster developments in Shirley. " "[INST] Context: ng permit or to any other Board or Town Officer seeking permission for a special use. After a hearing as required herein, the Board of Appeals may grant permission for any uses on that portion of the Applicant's land shown by the Applicant not to be in a Wetland, Flood Hazard, or Watershed Area; provided that such uses shall be consistent with this Wetlands Protection By-Law to the extent that all or any portion of such land continues to be classified as a Wetland, Flood Hazard or Watershed District and provided further that the Applicant shall have demonstrated that all of the following four conditions have been satisfied: (I) The request shall have been referred by the Applicant, along with a copy of the site plan to the Board of Selectmen, the Planning Board, the Board of Health, the Conservation Commission, and the Landscape Review Board and shall have been reported upon by all five Boards or thirty (30) days shall have elapsed following such referral without receipt by the Board of Appeals of such reports; and (ii) The land or the designated portion thereof shall have been shown by the Applicant not to be a Wetland, Flood Hazard or Watershed Area (notwithstanding the fact that the land or the designated portion thereof is shown on the Wetland Map to lie within a Wetland, Flood Hazard, or Watershed District) in whole or in sufficient part to permit the contemplated use. Such showing by the Applicant shall be on the basis of engineering, hydrological and topographical conditions determined by reference to the Engineering Presumption set forth in this Wetlands Protection By-Law, and should include an analysis of the vegetation on the land in accordance with the definitions in Chapter 818 of the Acts of 1974; and (iii) The proposed use, if any, will not be detrimental to the public health, safety, or welfare nor will it be inconsistent with the purposes of this Wetlands Protection By-Law; and (iv) The proposed use, if any, will comply in all respects with all applicable zoning and other provisions within the jurisdiction of the Board of Appeals which govern uses in the underlying Zoni , in whole or in part, within such Districts or is exempt from the provisions of this Wetlands Protection By-Law, he may request such further information of the Applicant as he may reasonably require to make his determination. Subsequent to a determination by the Building Inspector that any portion of the tract identified in the application lies within the Flood Hazard, Wetland or Watershed Districts or is subject to the provisions of this Wetlands Protection By-Law the Building Inspector shall not issue a building permit unless he has determined that: a. The proposed use of the tract, any part of which is located within a Flood Hazard, Wetland or Watershed District, is shown by the Applicant to comply strictly with the uses and area restrictions permitted or required in such Districts under Sections 4A, 4B, and 4C above; and b. The proposed uses otherwise comply with the provisions of this Zoning By-Law and with any other local, state or federal laws, regulations or ordinances the enforcement of which is the responsibility of the Building Inspector. If the Building Inspector shall determine that no approvals, special permits or variances are required by the Applicant under this Wetlands Protection By-Law, he shall so indicate in writing on the Plan and by letter to the Applicant and all other required approvals may thereafter be sought by the Applicant including without limitation any approvals which may be required under State Wetland Protection Laws, without regard to this Wetland Protection By-Law. In all other instances relative to this Wetlands Protection By-Law, the Building Inspector shall promptly notify the Applicant by certified mail, return receipt requested, that this By-Law prohibits the contemplated use, and shall advise the Applicant of his right to appeal the Building Inspector's decision to the Zoning Board of Appeals. 6. Zoning Board of Appeals. a. Appeals and Applications for Special Permits Generally. An appeal may be taken to the Zoning Board of Appeals by any Applicant aggrieved by a decision of the Building Inspector and a special permit ma f approved, will not cause substantial detriment to the public good or impair the purposes and intent of this By-Law. (Amended by action of Town Meeting, April 24,1978, Article #64) (Amended by action Special Town Meeting, May 3,1999 Article #5) K. Special Permits. The Board shall have the power to hear and decide on applications for special permits for exceptions. 1. in applying for a Special Permit, the applicant need not demonstrate hardship, since the basis for the action is of general benefit to the Town as a whole. In granting a Special Permit, the Board, with due regard to the nature and conditions of all adjacent structures and uses, and the District within which the same is located, shall find all of the following general conditions to be fulfilled: (a) The use requested is listed in Table of Use Regulations as a Special Permit in the District for which application is made: (b) The requested use is essential or desirable to the public convenience or welfare: (c) The requested use will not create undue traffic congestion, or unduly impair pedestrian safety: (d) The requested use will not overload any public water, drainage or sewerage system or any other municipal system to such an extent that the requested use or any developed use in the immediate area or in any other area of the town will be unduly subjected to hazards affecting health, safety, or the general welfare: (e) Any special regulations for the use, set forth in Section XI, are fulfilled: (f) The requested use will not impair the integrity or character of the District or adjoining zones, nor be detrimental to the health, morals, or welfare. 2. The Special Permit Application must be filed with the Town Clerk who shall transmit the application to the Special Permit Granting Authority. The effective date of filing is the date the application is filed with the Town Clerk. Special Permits shall only be issued after a pu erent planning approach to the remainder of the SCMUOD. The goal of creating Area B is to preserve the physical character of the Area while allowing architecturally appropriate additions and re-use of buildings. [3.0] Special Permit Granting Authority a) For all purposes pursuant to Section 3.0 of the SCMUOD, the Planning Board is hereby designated as the Special Permit Granting Authority (SPGA). All Special Permit applications made pursuant to the SCMUOD by-law shall conform to the standards and criteria and procedural provisions of the SCMUOD by-law and all relevant procedural provisions in Section X-K of the current Stoughton zoning by-laws, except that, wherever Section X-K refers to 'Board' or 'Zoning Board of Appeals', this shall mean the SPGA for the purposes of the SCMUOD by-law. b) The SPGA shall adopt and maintain Stoughton Center Design Review Guidelines to support the standards and criteria contained within the SCMUOD by-law. [4.0] Uses Allowed by Special Permit All uses allowed by right in the underlying zoning district are permissible by Special Permit in the SCMUOD unless listed below as being prohibited. [4.1] Permitted Uses No building or structure shall be designed, arranged or constructed and no building, structure or land shall be used, in whole or in part, for any purpose other than for one or more of the uses herein set forth as permissible by Special Permit. These uses may be combined within a single structure. Within the SCMUOD, the SPGA may issue a special permit for the following uses: a) Dwelling units located above a retail, restaurant, professional office and service, personal service, or other non-residential use(s) at ground level, provided that no more than 10% percent of thy total number of dwelling units at any one time be units of 3 or more bedrooms; b) Multistory parking structures, provided that the structure complies with the design standards for pa TABLE OF USE REGULATIONS Residential Business Industrial R-M Principle Uses R-U R-C R-B R-A CBD GB NB HB ! RESIDENTIAL I One-family detached - - - P P - - P - P dwelling - - P - - S - - 2 Two-family dwelling (Amended by action of Special Town Meeting, November 12,1996, Article #7 ) 3 Multifamily dwelling provided that no more than 10% of the total number of units at any one time be units of - - - - - P - three or more bedrooms - - S 4 Cluster residential development (see - - - - - - - - S S Section XI-D) 5 Planned Unit Development (See Section XI-E) (Deleted by action of Town Meeting, June 10, 1974, Article #3 ) 6 ( Deleted by action of Town Meeting, March I, 1971, Article #40 ) 7 Conversion of existing (as of September 8, 1970) dwelling structure to multifamily dwelling provided the total number of units in the converted dwelling structure shall not exceed four dwelling - - - - P units S S S (Amended by action of Town Meeting, January 17, 1977, Article #17 and March I, 1977, Article #41 and April 24, 1978, Article #53) 8 Planned multifamily develop- ment provided that no more than 10% of the total number of units at any one time be units of three or more - - - - P bedrooms S (Amended by action of Town Meeting, April 24, 1978, Article #53 ) nonresident structures to multifamily structures containing five or more, dwelling units (See Section XI-J),S - - - - - - S Which entity is the special permit granting authority for cluster/flexible zoning? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] I don't know., Cluster developments and/or flexible zoning are not discussed in the excerpt. Therefore, I cannot determine which entity is the special permit granting authority for cluster developments in Stoughton. " "[INST] Context: the office of directors and officers of the corporation or non-profit organization or of trustees of the trust; f. Procedures for the conduct of the affairs and business of the corporation, trust or non-profit organization, including provisions for the calling and holding of meetings of members, directors and officers of the corporation or non-profit organization or beneficiaries and trustees of the trust, and provisions for quorum and voting requirements for action to be taken. Where the common land is to be owned by a corporation or trust owned or to be owned by the owners of dwelling units within the cluster development, each owner of a dwelling shall have voting rights proportional to his ownership or beneficial interest in the corporation or trust; g. Provisions for the management, maintenance, operation, improvement and repair of the common land and facilities thereon, including provisions for obtaining and maintaining adequate insurance and where applicable levying and collecting from the dwelling owners common charges to pay for expenses associated with the common land, including real estate taxes. Where the common land is to be owned by a corporation or trust owned or to be owned by the owners of dwelling units within the cluster development, it shall be provided that common charges are to be allocated among the dwelling owners in proportion to their ownership or beneficial interests in the corporation or trust and that each dwelling owner's share of the common charges shall be a lien against his real estate in the Cluster Development which shall have priority over all other liens with the exception of municipal liens and first mortgages of record; h. The method by which such instrument or instruments may be amended. 5150. Application for a Special Permit. Any person who desires a special permit for a Cluster Development shall submit a written application to the Planning Board. Each such application shall be accompanied by the following information: 5151. A ""Cluster Development Sit h the purposes of Cluster Development as stated herein; the Cluster Development duly considers the existing and probable future development of surrounding areas; the layout and design of the Cluster Development minimizes disturbance to the natural site features; the Cluster Development responds to the recommendations of Town Boards and Agencies; the granting of the special permit would not result in unsuitable development of the land in question; and the development of the tract as a conventional subdivision would not be consistent with the purposes of this Section. 5171. Special Permit Conditions. The Planning Board shall grant a special permit for a Cluster Development if it appears that the granting of such permit will be consistent with the intent of cluster development, and will result in suitable development in compliance with the standards enumerated in this bylaw. The Planning Board may impose further restrictions upon the tract as a condition to granting the special permit as the Planning Board shall deem appropriate to accomplish the purposes of this bylaw. 5172. Common Land Conveyance. If a special permit is granted under this section, the Planning Board shall impose as a condition that the common land shall be conveyed, free of any mortgage interest, security interest, liens or other encumbrances and subject to a perpetual restriction of the type described above, prior to any construction or alteration of the land. The petitioner shall provide satisfactory assurance of said conveyance recording in the form of copies of the recorded instruments bearing the recording stamp. 5173. Changes of Cluster Development Plan. Any change in the number of lots, the layout of ways, any significant changes in the common open land, its ownership or use, or in any conditions stated in the original special permit shall require that a new special permit be issued in accordance with the provisions of this Bylaw. 5174. Limitation of Subdivision. No lot shown on a plan for which a permit is granted under this section may b es a special permit for a Cluster Development shall submit a written application to the Planning Board. Each such application shall be accompanied by the following information: 5151. A ""Cluster Development Site Plan"" showing, as a minimum, all of the information required for a definitive subdivision plan, as specified in the Town of Sudbury, Subdivision Rules and Regulations, as amended, and showing the following additional information: a hydrogeologic description of the suitability of the site and all of its subareas for development of potable water supply; soil characteristics as shown on Soil Conservation Service Maps; resource areas as defined by G.L. c. 131, s.40, including delineation of the official wetland area boundaries as accepted by the Sudbury Conservation Commission; existing floodplain boundary lines; proposed location of dwellings, all setback lines, garages, driveways, lighting, signs; proposed and existing wells and septic systems on the parcel and abutting properties; existing and proposed grades of the land; existing perimeter of trees; proposed landscape features (such as fences, walks, planting areas, type, size and location of planting materials, methods to be employed for screening); the proposed use of the common land including improvements intended to be constructed thereon, and the proposed ownership of all common land and any other information required by the Planning Board. 5152. Preliminary Subdivision Plan showing the development of the tract under the provisions of the Zoning Bylaw without regard to this section. Such plan shall generally conform to provisions described in the Rules and Regulations governing the subdivision of land for a Preliminary Subdivision Plan. Drainage design and calculations are not necessary. Such plan shall be accompanied by a report from the Board of Health stating which lots on said plan contain soil conditions suitable for sub-surface sewerage disposal in accordance with rules and regulations of the Town of Sudbury and applicable laws of the Commonwealt cability. The Planning Board, acting as Special Permit Granting Authority, may grant a Special Permit for construction of an Incentive Senior Development and accessory structures, in the following zoning districts: Single Residence ""A"", Single Residence ""C"", Limited Business, Village Business and Research District. 5430. Standards. The following standards shall apply to all Incentive Senior Developments: 5431. Tract Qualification. At the time of granting a special permit by the Planning Board, the property under consideration for an Incentive Senior Development shall be located on a contiguous parcel, not separated by a public or private way, with definite boundaries ascertainable from a recorded deed or recorded plan, having an area of at least 10 acres. For parcels greater than 20 acres, parcels may be separated by a private or public way. 5432. Age Qualification. An Incentive Senior Development shall constitute housing intended for persons of age fifty-five (55) or over within the meaning of M.G.L. c151B, §4, §6 and 42 USC §3607(b)(2)(c), and in accordance with the same, one hundred percent (100%) of the dwelling units in an Incentive Senior Development shall each be owned and occupied by at least one person fifty-five (55) years of age or older per dwelling unit, and such development shall be operated and maintained in all other respects in compliance with the requirements of said statutes and regulations promulgated pursuant thereto. In the event of the death of the qualifying owner/ occupant(s) of a unit, or foreclosure or other involuntary transfer of a unit in such a development, a two-year exemption shall be allowed for the transfer of the unit to another eligible household. 5433. Applicant Qualifications. The applicant for a Special Permit under the provisions of this section shall be the owner of the tract proposed for such Development or be authorized in writing by the owner to apply for and be issued such Special Permit, and shall establish to the satisfaction of the Planning Board that the applicant has knowledge, experience and financial resources su shall require that a new special permit be issued in accordance with the provisions of this Bylaw. 5174. Limitation of Subdivision. No lot shown on a plan for which a permit is granted under this section may be further divided so as to reduce the area of any lot for the purpose of creating an additional building lot(s) and a condition to that effect shall be shown on the recorded plan and on each deed conveying building lots on said plan. 5180. Rules, Regulations and Fees. The Planning Board shall adopt, and from time to time amend, Rules and Regulations consistent with the provisions of this bylaw, G.L. c. 40A and other applicable provisions of the General Laws, and shall file a copy of said Rules and Regulations with the Town Clerk. Such Rules shall prescribe as a minimum, the size, form, contents, style and number of copies of plans and specifications, the town board or agencies from which the Planning Board shall request written reports, and the procedure for submissions and approval of a Cluster Development Special Permit. Nothing contained herein shall in any way exempt a proposed subdivision from compliance with other applicable provisions of these bylaws or the Subdivision Rules and Regulations of the Planning Board, nor shall it in any way affect the right of the Board of Health and of the Planning Board to approve, with or without conditions and modifications, or disapprove a subdivision plan in accordance with the provisions of such Rules and Regulations and of the Subdivision Control Law. 5200. FLEXIBLE DEVELOPMENT. 5210. Purpose. The purpose of Flexible Development is to allow development to be sited in the most suitable areas of a property; to allow for greater flexibility and creativity in the design of residential developments; to facilitate the construction and maintenance of streets, utilities and public services in a more economical and efficient manner; to encourage a less sprawling form of development; and to minimize the total amount of disturbance on the site. 5220. Applicability. The P Which entity is the special permit granting authority for cluster/flexible zoning? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] Planning Board, Cluster development and flexible development are both subject to special permits under Sudbury's Zoning Bylaw. The Planning Board is designated as the special permit granting authority for both types of developments, as identified in sections 5171 and 5200, respectively. " "[INST] Context: s of the corporation, non-profit organization or trust including provisions for the calling and holding of meetings of members and directors and/or officers of the corporation or non-profit organization or beneficiaries and trustees of the trust and provision for quorum and voting requirements for action to be taken. Each owner of a dwelling shall have voting rights proportional to his ownership or beneficial interest in the corporation, non-profit organization or trust. Provision for the management, maintenance, operation, improvement and repair of the Common Open Space and facilities thereon, including provisions for obtaining and maintaining adequate insurance and levying and collecting from the dwelling owners common charges to pay for expenses associated with the Common Open Space, including real estate taxes. It shall be provided that common charges are to be allocated among the dwelling owners in proportion to their ownership or beneficial interests in the corporation, non-profit organization or trust, and that each dwelling owner's share of the common charge shall be a lien against his real estate in the Cluster Residential Development, which shall have priority over all other liens with the exception of municipal liens and first mortgages of record, and The method by which such instrument or instruments may be amended. 14.1.6 DECISION After following the proper procedural requirements specified for the granting of a Special Permit in the General Laws, Chapter 40A, including the holding of a Public Hearing, the Planning Board may grant a Special Permit. The decision of the Planning Board shall consider the reports specified from boards and agencies and shall be based upon these comparisons of the proposed cluster plan with the conventional plan. (a) General Scope. (1) Consistency in or reduction of the number of lots. (2) Increase in amenities: off-street pathways, recreation areas, wilderness areas for which access is provided to at least all residents of the development. (b) Functional, Systems. (1) Reduction r health needs of special populations of the City and so on. 14.1.2 PROCEDURE 14.1.2.1 Applicability Cluster Residential Development may be allowed by Special Permit of the Planning Board in zones specified in Section 5.2, the Table of Use Regulations. 14.1.2.2 Application Application and approval will be by Special Permit of the Planning Board, in accordance with Section. 3.4 and 3.5 of the Ordinance. The Planning Board decision will include the findings required for general special permits, multi-family special permits if applicable, and as well as the findings required specifically for this section. 14.1.2.4 Submittal Requirements The submittal requirements and review standards including administration, application and submission requirements, fees, powers, hearings and time limits shall be as provided for Site Plan Review, Section Fifteen; as specified in other sections of this article and as specified for multifamily development, if applicable. Fees shall be as stated under the subdivision rule sand regulations."" 14.1.3 REQUIREMENTS 14.1.3.1 Allowable Uses As allowed in the zoning district which contains the Cluster Residential Development, and: Rural Res. - single family Suburban Res. - two family 14.1.3.2 General Dimensional Requirements Single family, duplex and multifamily cluster may be constructed with each structure on a separate lot or with all structures on a single lot under common ownership. All dimensional requirements of the zoning district which contains the Cluster Residential Development shall be followed, unless modified by the provisions of the Cluster Residential Development ordinance. The following dimensional requirements shall apply: The following dimensional requirements shall apply: The following dimensional requirements shall apply: ,Suburban,,Rural,Residential ,Multiple Lots,Single Tract,Multiple Lots,Single Tract Min. Tract Size,10 AC,10 AC,20 AC,20 AC Min. Tract Frontage,50',50',50',50' Min. Buffer Zone*,75',75',100',100' Maximum Height: Single fam., two fam. 35' 35' 35' 35' ,Suburban,,Rural, ncrease the options for affordable housing; More sensitive siting of buildings and overall site planning; and a better utilization of land in harmony with its natural features and with the general intent of the zoning ordinance through a greater flexibility in design. 14.1.1.3 Objectives The following objectives are important in the development of a cluster. It is desirable to decrease municipal costs and environmental impacts through reduction in the length of streets, utilities, and drainage systems per dwelling units served. It is desirable to increase the scale of contiguous area assured of preservation in a natural state, and to include off-street pathways and trails, recreation areas open to all residents of the city and wilderness areas. It is desirable that all existing scenic vistas be respected and preserved and that new scenic vistas be created. It is desirable to increase vehicular safety by having fewer, better located and designed egresses onto existing streets. It is desirable to preserve environmental quality by reduction of the total area over which vegetation is disturbed by cut or fill or displacement; by reduction in critical lands (slopes in excess of 8%, land within 100 feet by a water body, wetland or stream having outstanding or rare vegetation) disturbed by construction; reduction of the extent of waterways altered or relocated; reduction in the volume of cut and fill for roads and construction sites. It is desirable to have the design and location and materials of the structure(s) on the site be sensitive to the natural environmental conditions, vistas and abutting properties. There should be positive benefit to the City in some important respects, such as reduction of environmental damage, better controlled traffic, preservation of current character through location of reserved open space, meeting the shelter and/or health needs of special populations of the City and so on. 14.1.2 PROCEDURE 14.1.2.1 Applicability Cluster Residential Development may be allowed by Special Permit of the Planning Board in zones specified (2) Increase in amenities: off-street pathways, recreation areas, wilderness areas for which access is provided to at least all residents of the development. (b) Functional, Systems. (1) Reduction in the likely number of driveway openings onto existing streets, onto new streets serving more than twenty (20) dwelling units, or within one hundred (100) feet of an intersection. (2) Reduction in the length of streets, water mains, and storm drains. (3) Increase in the safety of egress from the development onto existing streets because of having fewer, better located, or better designed egresses. (c) Visual Concerns. (1) Increase in vistas preserved or created. (2) Reduction in the number of dwellings within two hundred (200) feet of an existing street. (d) Environmental Protection. (1) Reduction of the total area over which vegetation is disturbed by cut or fill or displacement. (2) Reduction in critical lands (slopes in excess of 8%; land within one hundred (100) feet of a water body, wetland, or strewn; land having outstanding or rare vegetation) disturbed by construction. (3) Reduction of the extent of waterways altered or relocated. (4) Reduction in the volume of cut and fill for roads and construction sites. (5) Increase in the scale of contiguous area assured to be preserved in a natural state. A proposed Cluster Development which meets all requirements of the Zoning By Law and other applicable controls and which is generally superior or conventional development based upon the above considerations may be granted a Special Permit unless, in comparison with development under a conventional plan, in other respects the Cluster Development would create relatively serious hazard, traffic congestions, reduction in the use and enjoyment of adjacent properties, a significant decrease in surface or groundwater quality, or environmental degradation. If the Special Permit is granted, there shall be no amendments, changes or transfer or ownership without Planning Board revie place in the City Hall for a period of not less than 14 days before the day of such hearing. The Board shall also notify by mail, postage prepaid, the petitioner, abutters, owners of land directly opposite on any public or private street or way, and the owners of land within three hundred (300) feet of the property line, the Planning Board of Taunton and the Planning Board of every abutting city and town. Such notice shall be mailed to all parties as they appear on the most recent Taunton property tax records. 3.4 SPECIAL PERMIT GRANTING AUTHORITY (SPGA) 3.4.1 Designation of SPGA Special permits may be authorized for specific types of uses in designated districts by the special permit granting authority specified in the ordinance (the Board of Appeals, the Municipal Council, the Planning Board; See Section 5.2). 3.4.2 General Requirements Special permits may only be issued after the special permit granting authority finds that the use is in harmony with the general purpose and intent of this Ordinance and that the specific provisions set forth within this Ordinance are met. For the applicable special permit authority, see Section 5.2. Special permits shall not be subject to application for a variance to the Zoning Board of Appeals. The special permit granting authority may impose conditions, safeguards, and limitations on time or use of a special permit. (See Section 10.1.1 for further Special Permit requirements) 3.4.3 Review by Official Board All petitions for special permits shall be submitted to and reviewed by the Planning Board, Board of Health, Tree Warden, Fire Department, Traffic Safety Officer, Zoning Enforcement Office, Conservation Commission, Community Planning and Economic Development and the Historic District Commission and other municipal departments, who shall make such recommendations as they deem appropriate and shall send copies thereof to the special permit granting authority and to the applicant; provided, however, that failure of any of the above to make recommendations within thirty-five days of receipt of the petition shall be deemed lack of opposition Which entity is the special permit granting authority for cluster/flexible zoning? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] Planning Board, Based on the given text, the special permit granting authority for cluster/flexible zoning is the Planning Board. This can be inferred from section 14.1.2.1 of the text, which states that ""Cluster Residential Development may be allowed by Special Permit of the Planning Board in zones specified in Section 5.2, the Table of Use Regulations.""" "[INST] Context: or inaccurate shall be returned to the applicant within three (3) business days and shall require new submittal. b. The Building Inspector shall accept applications and issue permits one (1) year at a time. c. The Building Inspector shall mark each application with the time and date of submittal. d. Any issued permit shall conform to the time limits set by Section 8.2.3. e. Any building permits not issued in any calendar year (January 1 December 31) shall not be available for issuance in any subsequent year. f. At the end of each calendar year in which this Bylaw is in effect, the Building Inspector shall retain all applications for which a building permit has not been issued. Upon being informed in writing by the applicant before the tenth (10th) day of January of the succeeding year the applicant desires the application to remain in effect, the Building Inspector shall treat said application in accordance with Section 2.9.2. above. 2.9.4. Exemptions The provisions of this Section shall not apply to, nor limit in any way, the granting of building permits or occupancy permits required for enlargements, restoration, or reconstruction of existing dwellings existing on lots as of the date of passage of this Bylaw. a. Dwelling units for low and/or moderate income families or individuals, where all of the following conditions are met: 1. Occupancy of the units is restricted to households qualifying under the Local Initiative Program as administered under the Massachusetts Department of Housing and Community Development. 2. The affordable units are subject to a property executed and recorded deed restriction running with the land which shall limit each succeeding resale price to an increase of ten percent (10%), plus any increase in the consumer price index, plus cost of any improvements certified by the Building Inspector. b. Dwelling units for senior residents, where occupancy of the units is restricted to senior persons through a property executed and recorded deed restriction running with the land. For purposes o nd moderate-income affordable units shall be subject to an affordable housing restriction pursuant to M.G.L. c.184. c. The Building Inspector shall not issue an occupancy permit to the applicant without receipt of evidence that the use restriction approved by the Planning Board prior to the issuance of a Special Permit has been recorded at the Registry of Deeds. 4.1.4.Minimum Design Standards a. A multi-family building shall contain no less than three and no more than six units unless waived by the Planning Board, and shall not exceed a building height of 35 feet and two and one half stories. b. Multi-family housing shall avoid monotonous, look-alike designs and promote high standards of exterior quality and appearance. c. Applicants shall comply with Section 5, Parking and Loading, for number of off-street parking spaces per unit. At least one space shall be located so as to provide convenient access to its assigned dwelling unit. Parking garages will be permitted as a parking space if located and designed so as to complement the building design and site layout. d. All residential buildings shall be oriented toward the street or the interior road that provides access to them, with parking spaces located to the rear of a building or on the side, provided that no parking is located within 20 feet of the front facade of the building. e. Setbacks. 1. Multi-family housing shall provide a rear setback of at least 50 feet to an abutting single-family residence. If the Planning Board finds that a setback of lesser width would be sufficient to screen and/or separate the development from adjacent property, the setback may be reduced. In its discretion, the Planning Board may require no-cut easements, conservation restrictions or the like where the setback has been reduced. The Planning Board may also reduce the rear yard setback for multi-family housing of five or fewer units if the building is architecturally similar to single-family residences in the same general area. 2. The front yard shall be landscaped with indig 4.SPECIAL REGULATIONS 4.1 Multi-Family Housing (Revised 11-01-05) In any district where multi-family housing is a permitted or special permitted use, it shall be subject to the following requirements, except that multi-family units in an Low Impact Development shall comply with the regulations in Section 4.2A of this Bylaw. 4.1.1.Site Plan Review Multi-family housing is subject to Site Plan Review under Section 7 of this Bylaw. 4.1.2.Maximum Density a. Where conversion of an existing single-family dwelling to three multi-family units is a permitted use or a use allowed by special permit, the minimum lot area shall be at least 1.5 times that of the applicable minimum lot area for a single-family dwelling. b. For multi-family housing of four (4) units or more, the maximum density is as follows: District,Maximum Density R-3,""20,000sf for the first unit plus 10,000sf for each additional dwelling unit, up to a maximum of 24 units"" ""Village Business, Mixed-Use, or Commercial District"",""20,000sf for the first unit plus 10,000sf for each additional dwelling unit, up to a maximum of 36 units"" c. More than one principal building may be permitted on a single lot by Special Permit from the Planning Board. No principal building may contain less than three (3) units nor more than six (6) units unless waived by the Planning Board. 4.1.3.Affordable Housing Requirement a. To qualify for a Special Permit for multi-family housing of four or more units, the applicant must include housing affordable to low- or moderate-income households as defined in this Bylaw, as follows: the seventh unit and every sixth unit thereafter shall be a low- or moderate-income housing unit. Nothing in this section shall preclude an applicant from providing more low- or moderate-income housing units than the minimum required by this Bylaw. b. All low- and moderate-income affordable units shall be subject to an affordable housing restriction pursuant to M.G.L. c.184. c. The Building Inspector shall not issue an occupancy permit to the applicant without 1-00; Extended 3-21-05) 2.9.1. The purpose of this Section, ""Rate of Development"", is to ensure that growth occurs in an orderly and planned manner; to phase growth so that it will not unduly strain the community's ability to provide adequate public safety, schools, roads and municipal infrastructure, and human services; to maintain the community at a quality of life which citizens expect; to provide the Town boards and its agencies information, time, and capacity to incorporate such growth into or as per the Master Plan for the community; and to preserve and enhance existing community character and the value property. 2.9.2. General Beginning on September 11, 2000, building permits, including foundation permits, for not more than thirty (3) dwelling units shall be applied for or issued in each of the five (5) calendar years following said date, for the construction of new residential dwelling units, per approved ANR and/or standard or cluster subdivision. Further, no one person or entity nor their successors in interest, nor any entity in which they hold a legal or beneficial ownership shall be issued more than five (5) of the total number of permits available in any one year, with the exception of the exemptions as described in this Bylaw. DWELLING UNIT shall mean any portion of a building occupied or suitable for occupancy as a residence and arranged for the use of one or more individuals living as a single housekeeping unit with its own cooking, living, sanitary and sleeping facilities. Within the provisions of this Section, an ""Accessory Apartment"", as defined in Section 11.1 of the Zoning Bylaws, shall not constitute a dwelling unit. 2.9.3. Procedures Any building permits issued shall act on each permit with the following procedures: a. The Building Inspector shall act on each permit in order of submittal. Any permit application that is incomplete or inaccurate shall be returned to the applicant within three (3) business days and shall require new submittal. b. The Building Inspector shall accept applications and issue permits one (1) year at a t ousing as defined in this Bylaw. 4.16.2. Affordable Housing Use Restriction. Prior to obtaining a building permit, the applicant shall record an affordable housing restriction or regulatory agreement at the Registry of Deeds. The form and content of the affordable housing restriction shall be approved by the Planning Board prior to the issuance of a Special Permit. At minimum, the restriction shall provide for annual monitoring and certification procedures to verify that an Infill Residential Use unit is occupied by a low- or moderate-income tenant, or in the case of a homeownership unit, it shall provide mechanisms to assure that the unit remains affordable upon resale, including a right of first refusal for the Town to acquire the unit in order to preserve its affordability. 4.16.3. Conversions. An Infill Residential Use may never be converted to a multi-family dwelling of three or more units, and it may never be altered to include an accessory apartment. All infill residential uses shall be connected to the municipal sewer system. 4.16.4 Procedures. Application, review and decision procedures shall be in accordance with Section 8 of this Bylaw. 4.16.5. Special Permit Standards for Reduced Frontage or Lot Area. The Planning Board may issue a Special Permit for Infill Residential Uses on a lot that does not meet the minimum frontage or lot area requirement, provided that: a. The lot has a minimum continuous street frontage of not less than fifty (50) feet. b. The lot has at least one area suitable for the construction of a dwelling that can accommodate a circle with a diameter of 60 feet. This area shall be land exclusive of any resource areas as defined by the Wetland Protection Act, Chapter 131, Section 40, and its corresponding regulations, 310 CMR 10.00, as of the adoption of this requirement. c. The lot must comply with all other dimensional requirements of applicable zoning district. d. Not more than two Infill Residential Use lots shall abut each other. e. If required by the Planning Board, two abutti Does the zoning bylaw/ordinance include any mandates or incentives for development of affordable units? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, To qualify for a Special Permit for multi-family housing of four or more units, the applicant must include housing affordable to low- or moderate-income households as defined in this Bylaw, as follows: the seventh unit and every sixth unit thereafter shall be a low- or moderate-income housing unit. " "[INST] Context: result in the preservation of a particularly identified natural resource upon the parcel for which the special permit is granted. 5.6 Accessory Apartments 5.6.1 Purpose To increase the availability of moderately priced housing for town employees, the young, the elderly, people of low and moderate income, and dependent relatives of town residents by permitting the creation of accessory apartments by: 5.6.1.1 Providing an opportunity for homeowners who can no longer physically or financially maintain their single family home to remain in homes that they might otherwise be forced to leave; 5.6.1.2 Making housing units available to low and moderate income households who might otherwise have difficulty finding homes within the town; 5.6.1.3 Provide a variety of housing to meet the needs of its residents; 5.6.1.4 Protect stability, property values, and the single-family residential character of a neighborhood; 5.6.1.5 Legalize conversions to encourage the Town to monitor conversions for compliance with the State Building Code; and 5.6.1.6 Create incentives and modify regulations to encourage the creation of affordable accessory apartments that will count towards meeting the Town's Planned Production goals under the provisions of MGL Chapter 40B. 5.6.2 Considerations The Town has limited water resources, lacks a significant aquifer, does not have municipal water and sewage systems, and as a result, must be sensitive to the burden and impact of any increase in housing density. Limiting the number of the accessory apartments is intended to minimize the impact on those finite resources, although the scope of the impact hereunder is believed to be offset by the public benefit afforded by this permitted use. 5.6.3 Definitions 5.6.3.1 An ACCESSORY APARTMENT is a distinct portion of a single-family dwelling, having its own kitchen and bathroom facilities, and subordinate in size to the principal part of said dwelling. 5.6.3.2 An AFFORDABLE ACCESSORY APARTMENT (""AAA"" unit) is a distinct portion of a single-family dwelling, a unit in an accessory structure on a single family lot, or a unit accessory t part of said dwelling. 5.6.3.2 An AFFORDABLE ACCESSORY APARTMENT (""AAA"" unit) is a distinct portion of a single-family dwelling, a unit in an accessory structure on a single family lot, or a unit accessory to a non-residential use, in all cases having its own kitchen and bathroom facilities, being subordinate in size to the principal part of said dwelling or structure, and meeting the affordability requirements under the provisions of MGL Chapter 40B. 5.6.4 Special Permits An owner or owners may apply to the Planning Board for a special permit for the construction and occupancy of one (1) accessory apartment or AAA unit (as defined in Section 5.6.3) in a single-family or in a non-residential structure, the accessory apartment thus created being hereinafter referred to in this subsection #5.6 as an apartment. 5.6.5 Procedure The Planning Board shall notify the Board of Health of the application for a special permit hereunder and allow them a reasonable time to inspect and comment upon said application. The Planning Board may grant a special permit under this Section upon findings that the request is compatible with the purpose of this Section, meets the minimum requirements hereunder. After notice and public hearing as may be required by the General Laws of the Commonwealth, the Planning Board may grant such a special permit for the creation of an accessory apartment provided that: 5.6.5.1 no more than 75 special permits for accessory apartments shall be issued; 5.6.5.2 the apartment is accessory to the principal residence and will be a complete, separate housekeeping unit that functions as a separate unit from the original single-family dwelling. AAA units may be placed in detached structures, including pre-existing structures and new structures, providing the new structures are appropriate to the single family character of the neighborhood and comply with all other provisions of the zoning bylaws. 5.6.5.3 the floor area of the apartment does not exceed 1200 square feet; 5.6.5.4 the floor area of the apartment is less than 35% of the floor area of the principal residence and the proposed apartment co ZONING BYLAWS e development (or adjacent thereto, if admitted to the corporation). 5.5.2.8 In the case of corporate or trust ownership, beneficial rights in said open space shall be deeded to the owners and a restriction enforceable by the Town pursuant to M.G.L. Ch. 184, Section 32 providing that such land shall be kept in open or natural state shall be recorded at the Middlesex North District Registry of Deeds. All deed restrictions with respect to ownership, use and maintenance of open space shall be subject to approval by the Planing Board and thereafter referenced on, and recorded with, the special permit and the plan; 5.5.2.9 Wherever possible, all building lots within the Conservation Cluster shall be served by common driveways for which special permits shall be sought in accordance with the requirements of Section # 5.4, but, not withstanding the limitation of Section # 5.4, the Planning Board may allow the number of lots in a Conservation Cluster to be served by a common driveway to be the maximum number allowed by Section # 5.4 plus one. The Planning Board shall impose conditions prohibiting the construction of any driveway or other means of access to building lots in the Conservation Cluster apart from the common driveway; 5.5.2.10 The developer shall, by appropriate restrictions or covenants which shall run in favor of the town and the owners of the open space, prohibit further division of the land within the Conservation Cluster. 5.5.3 Planning Board Action The Planning Board shall notify the Conservation Commission, the Board of Health, the Historical Commission and the Selectmen of the application for a special permit hereunder and allow them a reasonable time to inspect and comment upon said application. The Planning Board may grant a special permit under this Section upon written findings that the request is compatible with the purpose of this Section, meets the minimum requirements hereunder and will in fact result in the preservation of a particularly identified natural resource upon the parcel for which the special permit is granted. 5.6 Accessory Apartments 5.6.1 Purpose To increase the availability . 5.1.4.3.2 Site development plan with proposed grading, drainage, buildings, open space, location of drives, parking, walkways and buffer areas and any other items generally required for definitive plans. 5.1.4.3.3 Architectural plans, showing building locations, typical floor plans, elevations and landscaping. 5.1.4.3.4 Summary of building statistics indicating number of units, floor area, dwelling units per building and per acre, percentage of site coverage: provided that no Final Development Plan shall contemplate more than five (5) dwelling units per acre or more than two (2) bedrooms in any one dwelling unit. 5.1.4.3.5 Developer information giving a legal description of the development entity with documented financial information sufficient to establish the ability of the project to meet the purposes of the Residence District M classification and the developer's capability to complete all aspects of the project. Copies of the application shall also be submitted to and reviewed by the Board of Selectmen and the Board of Health and, contingent upon their respective jurisdictions over the site, to the Conservation Commission and/or the Historical Commission. Such reviews may be held jointly. The foregoing agencies shall make such recommendations as they deem appropriate and shall send copies thereof to the Planning Board and to the applicant; provided that failure of any such agency to make recommendations within thirty-five (35) days of receipt by such agency of the application shall be deemed lack of opposition thereto. 5.1.4.4 Notice and Hearing The Planning Board shall give notice, in the manner provided by Chapter 40A of the General Laws, as amended, of a public hearing to be held within sixty-five (65) days after the filing of the application and shall act within ninety (90) days following the public hearing. Failure by the Planning Board to take action within said ninety (90) days shall be deemed to be a grant of the permit applied for; otherwise, the issuance of special permits shall require a two-thirds vote of the Planning Board, failing which the permit shall be denied. 5.1.4.5 Necessary F Does the zoning bylaw/ordinance include any mandates or incentives for development of affordable units? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Affordable accessory apartments can be a distinct portion of a single-family dwelling, a unit in an accessory structure on a single family lot, or a unit accessory to a non-residential use. Meanwhile, accessory apartments can only be a distinct portion of a single-family dwelling, having its own kitchen and bathroom facilities, and subordinate in size to the principal part of said dwelling. This greater flexibility given to affordable accessory apartments is an affordable housing incentive. " "[INST] Context: ordable Homeownership Unit(s), as applicable. 5.10.6.8 Phasing - For Projects developed in phases, the proportion of Affordable Housing units constructed within each phase that contains residential units shall be consistent with the overall proportion of Affordable Housing units in the approved Project. 5.10.6.9 Computation - Prior to the issuance of any Building Permit for the housing component of any Project, the applicant for such building permit shall demonstrate, to the satisfaction of the Plan Approval Authority, that the method by which the rents or purchase prices of Affordable Housing units are computed is consistent with Department or HUD guidelines for affordability applicable to the Town. 5.10.6.10 No Waiver - The Plan Approval Authority may not waive the provisions of Section 5.10.6. 5.10.7 Dimensional and Density Standards 5.10.7.1 Table of Dimensional and Density Standards New construction projects in the AROD shall be subject to the following dimensional and density standards: Minimum Density See section 5.10.4.2 Minimum Lot Frontage 60 feet Maximum Building Height 60 feet Build-to Zone: At least 75% of the front facade of the principal building shall be located within the referenced range from the front lot line 0 to 10 feet Minimum Side Yard Width 0 feet Minimum Rear Yard Depth 20 feet Maximum Lot Coverage 80% Minimum Usable Open Space per residential unit 500 square feet Minimum Floor Area Ratio N/A 5.10.7.2 Usable Open Space Requirement -Reduction in the amount of usable open space required for a project may be permitted at the discretion of the Plan Approval Authority after finding that the Project will include a significant public benefit through the provision of open space, recreation area(s) and/or structures to be used in whole or part for community purposes by the general public. 5.10.8 Parking and Loading Standards 5.10.8.1 Minimum Parking Ratios - Parking for automobiles shall be provided in each Project in the AROD as follows: (a) A minimum of one (1) parking space shall be required for each residential unit with one (1) bedroom. A minimum o asonably request under law to ensure affordability. 5.10.6.6 Administering Agency - The Administering Agency for the Affordable Housing Restriction shall be designated by the Plan Approval Authority. In a case where the Administering Agency cannot adequately carry out its administrative duties, such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the Plan Approval Authority or, in the absence of such timely designation, by an entity designated by the Department. In any event, the Administering Agency shall ensure that: (a) Prices of Affordable Homeownership Unit(s) and rentals of Affordable Rental Unit(s) are properly computed; (b) Income eligibility of households applying for Affordable Housing units is properly and reliably determined; (c) The housing marketing and resident selection plan conforms to all legal requirements and is properly administered; (d) Sales and rentals are made to Eligible Households chosen in accordance wit h the housing marketing and resident selection plan with appropriate uni t size for each household being properly determined and proper preference being given; and (e) Affordable Housing Restriction(s) meeting the requirements of this Section are recorded and/or filed with the Middlesex County (South) Registry of Deeds or the Land Court Registration Section thereof, as applicable. 5.10.6.7 Housing Marketing and Resident Selection Plan - The housing marketing and resident selection plan may provide for the payment by the Project Proponent or owner to the Administering Agency of reasonable costs to develop, advertise and maintain the list of Eligible Households and to monitor and enforce compliance with affordability requirements. Such payment shall not exceed one-half percent (0.5%) of the amount of rents of Affordable Rental Unit(s) (payable annually) or one percent (1%) of the sale or resale price(s) of Affordable Homeownership Unit(s), as applicable. 5.10.6.8 Phasing - For Projects developed in phases, the proportion of Affordable Housing units constructed within each phase that contains residential units shal d the Zoning By-Laws. Where the meaning of a word or provision cannot be established in this fashion, it shall be interpreted as having the meaning consistent with its customary usage that best furthers the purpose of this Section. 5.10.2.1 ADMINISTERING AGENCY A housing authority, regional non-profit agency or corporation, or other qualified housing entity designated to enforce an Affordable Housing Restriction. 5.10.2.2 AFFORDABLE HOMEOWNERSHIP UNIT An Affordable Housing unit that is subject to an Affordable Housing Restriction requiring its sale to an Eligible Household. 5.10.2.3 AFFORDABLE HOUSING Housing that is affordable to and occupied by Eligible Households. Affordable Housing units created within the AROD meeting the standards set forth in the Code of Massachusetts Regulations at 760 C.M.R. 45.03 shall count as low-or moderate-income units on the Town's Subsidized Housing Inventory, in accordance with the rules of the Department. 5.10.2.4 AFFORDABLE HOUSING RESTRICTION A deed restriction providing for Affordable Housing units on a Building Lot that meets the requirements of this Section and the statutory requirements of Massachusetts General Laws Chapter 184, Section 31. 5.10.2.5 AFFORDABLE RENTAL UNIT An Affordable Housing unit that is subject to a restriction requiring its rental to an Eligible Household. 5.10.2.6 BUILD-TO ZONE That area of a lot located between a line a specified distance from and parallel to the front lot line within which a specified percentage of the facade of the principal structure on such lot shall be located. 5.10.2.7 DEPARTMENT The Massachusetts Department of Housing and Community Development. 5.10.2.8 ELIGIBLE HOUSEHOLD A household whose annual income is equal to or less than eighty percent (80%) of the area median income for the smallest geographical area including the entire area of the Town as determined by the United States Department of Housing and Community Development (""HUD""), adjusted for household size, with income computed using HUD's rules for the attribution of income to assets. 5.10.2.9 LIVE-WORK The use of a dwelling unit fo on shall be finished housing units, shall be dispersed throughout the Project of which they are part and shall have exteriors that are equivalent in design and materials to the exteriors of other housing units in the Project, although the interior amenities of Affordable Housing units need not be identical to a Project's market rate units. The total number of bedrooms in the Affordable Housing units shall be proportionate to the total number of bedrooms in all the units of the Project of which the Affordable Housing units are a part. 5.10.6.5 Affordable Housing Restriction - Each Project in which Affordable Housing unit(s) are required shall be subject to an Affordable Housing Restriction pursuant to Massachusetts General Laws c. 184 as amended to be recorded and/or filed with the Middlesex County (South) Registry of Deeds or the Land Court Registry District thereof, as applicable, containing the following provisions: (a) Specification of the term of the Affordable Housing Restriction, which shall be perpetuity; (b) Name and address of the Administering Agency for the Affordable Housing Restriction, with a designation of its power to monitor and enforce the Affordable Housing Restriction; (c) Description of the unit(s) of Affordable Housing by address, unit number (if applicable) and number of bedrooms; (d) Reference to a housing marketing and resident selection plan, to which the Affordable Housing unit(s) are subject, which includes an affirmative fair housing marketing program, including provisions for public notice and a fair resident selection process. The housing marketing and resident selection plan shall provide for preferences in resident selection for Hudson residents to the extent consistent with applicable law, and said plan shall designate the household size appropriate for each Affordable Housing unit with respect to bedroom size and provide that the preference for such unit shall be given to a household of the appropriate size; (e) Requirement that residents will be selected at the initial rental or sale and upon all subsequent rentals and sales from a list of Eligible Household in perpetuity to occupancy by Moderate-Income Households, or for every one (1) dwelling unit restricted in perpetuity to occupancy by Low-Income Households, one (1) market rate dwelling unit may be added to the Basic Maximum Number. Affordable housing units may be used toward density bonuses only if they can be counted toward the Town's affordable housing inventory as determined by the Massachusetts Department of Housing and Community Development or it's successor. The applicant shall provide documentation demonstrating that the unit(s) shall count toward the community's affordable housing inventory to the satisfaction of the Planning Board. 3) For every historic structure preserved and subject to a historic preservation restriction, one (1) dwelling unit may be added to the Basic Maximum Number. 5.6.11 Decision of the Planning Board 1) Criteria for Approval. The Planning Board will review all data and hold a public hearing in accordance with M.G.L.c.40A, section 9. The Board may approve the Plan with or without conditions. The Board shall disapprove the plan only if it finds that either the OSRD Development (Sketch Plan) is not a good faith design, or that the Plan does not conform to the requirements of the Bylaw. The Board may grant a Special Permit for an OSRD if it determines that the proposed OSRD has less detrimental impact on the tract than a conventional subdivision of the property and finding that the following eight (8) factors are present: a) That the OSRD achieves greater flexibility and creativity in the design of residential or unit developments than a conventional plan; b) That the OSRD promotes permanent preservation of open space, agricultural land, forestry land, other natural resources including water bodies and wetlands, and historical and archaeological resources; c) That the OSRD promotes a less sprawling and more efficient form of development that consumes less open land and conforms to existing topography and natural features better than a conventional subdi Does the zoning bylaw/ordinance include any mandates or incentives for development of affordable units? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] No, Affordable housing is provided for in Hudson, but there does not appear to be any mandates or incentives. " "[INST] Context: nd police protection and adequate educational facilities; 1.2. To preserve and enhance the existing community character. 2.) Regulations 2.0 No building permit for a new residential dwelling unit or units shall be issued unless in accordance with this bylaw. This bylaw shall apply to all definitive subdivision plans, divisions of land pursuant to M.G.L., Chapter 41, Section 81P (hereafter called ""A-N-R division"") variances and special permits which would result in the creation of a new dwelling unit or units. Dwelling units shall be considered as part of a single development, for all purposes of this section if located either on a single parcel or contiguous parcels of land, which have been in the same ownership at any time subsequent to the date of adoption of this bylaw. 3.) Planned Growth Rate 3.0 All authorizations shall count toward the planned growth rate permitted by this bylaw. Building permits shall not be issued under any development schedule approved under Section 5 during periods when said building permit issuance would result in authorizations of more than 100 dwelling units over a 24-month (2 year period. 3.1 For the purposes of implementing the 100 dwelling unit limitation, the Building Inspector on the first business day of each month shall total the number of building. permits. issued. during the previous 24 months, If the number of dwelling units for which new building permits have been issued during the previous 24 months meets or exceeds 100 in number, then the Building Inspector shall not issue building permits for any additional dwelling-unit or units in the then current month, except as permitted by Section 3.2. 3.2 In a single development where the number of new dwelling units. are 1 to 3 in total, building permits may be issued even if the 100 limit has been reached. Once issued, these exempt permits shall be calculated in the 100 building permit limit as noted in Section 3.G for th& next, ensuing month. 4.) Development Schedule 44 Building permits for new dwelling units shall be ZONING BY-LAWS 5.7 Senior Village Developments 5.7.01 Intent and Applicability The purpose of this section is to encourage development of master-planned residential communities for persons fifty-five (55) years of age and older, by allowing a greater variety of uses and building types at a higher density than would normally be allowed to promote affordable housing and the preservation of open space within the development. It is intended that this section provide a mechanism for development of a range of housing types and facilities that are responsive to the socio-cultural, health care, and recreational needs of senior residents; to achieve land development that is responsive to an analysis of the environmental assets and constraints of a site; and to encourage well-integrated development in terms of land use and major design elements such as buildings, roads, utilities, drainage systems and open space. 5.7.02 Senior Village Developments: As used in this bylaw, a Senior Village Development shall mean a master-planned development (""planned unit development"") of land, as a unified, self contained, residential community, constructed expressly for use and residency by persons who have-achieved a minimum age requirement for residency of fifty five (55) years of age or older in accordance with M.G.L. Chapter 1518, Section 4, Subsection 7, and also incorporating the preservation of natural open space areas as an integral element of the development. A Senior Village Development shall include at least one (1) type of Senior Village Development Residential Use, which may include detached or attached dwellings of any combination, and may include any of the following: Adult Day Care Facilities, Senior Village Resident Services and Senior Village Community Centers as defined in Section 5.7.03. A Senior Village Development, as defined herein, shall be permitted within the following zoning districts: RA,. RB, SA, BR-1, RIB, and BI-A upon the granting of a special permit by the these exempt permits shall be calculated in the 100 building permit limit as noted in Section 3.G for th& next, ensuing month. 4.) Development Schedule 44 Building permits for new dwelling units shall be authorized only in accordance with the following schedule: Number of New Units In Development Dwelling Units/Year* 1-3 100% 4-10 up to 50% 11-20 up to 33% 21-40 up to 24% 41+ up to 20% *Percent of dwelling units in the development for which building permits shall be authorized each year. The yearly schedule shall commence from the date of the Planning Board signing of the definitive, subdivision plan or A-N-R division or the granting of a special permit or variance if applicable for the development. 4.1 - Once a development schedule for a single development is approved in accordance with Section 5, building permits shall not be issued in excess of said schedule, subject to the 100 dwelling unit cap detailed in Section 3.1.5.) Requirements. 5.1 In order to facilitate review, the developer may submit a written proposed development schedule to the Planning Board as part of any application for approval of a plan subject to MGL, Chapter 41, Section 81P (A-N-R division). 5.2 In cases where the developer has elected not to submit a development schedule in accordance with Subsection 5.1, above, the Building Inspector shall refer any application for a building permit on a lot within this type of development to the Planning Board for development scheduling. 5.3 The developer shall submit a written proposed development schedule as part of any application for definitive subdivision approval, special permit, or variance that would result in the creation of new dwelling units. In the case of a variance or a special permit granted by the Board of Appeals, the Board of Appeals shall forthwith refer said document to the Planning Board. 5.4 The Planning Board is authorized, upon request, to approve a development schedule for any building lots/ dwelling units not covered under Subsection 5.1 and 5.3. 5.6 all, and with each building having at least one floor at ground level with a separate entrance. 5.7.04. General Development Standards and Dimensional Requirements An application for a special permit for a Senior Village Development must conform to the following standards: 5.7.04.1 General Standards A. Age Restriction. All dwellings in a Senior Village Development shall be subject to an age restriction described in a deed/deed rider, restrictive covenant, or other document approved by the Planning Board that ,shall be recorded at the Registry of Deeds or the Land Court. The age restriction shall restrict occupancy of the dwelling units to seniors age 55 or older, and their spouses of any age and provide for live-in care providers and limited guest visitation rights if the Planning Board so approves and specifies this in its Special Permit. In the event of the death of a qualifying owner/occupant of a unit in a Senior Village Development, the surviving spouse of a qualifying owner/occupant, regardless of age, shall be allowed to remain until death or remarriage to a non-qualifying individual. B. Lot Coverage. Building footprints and all other impervious surfaces shall not exceed twenty-five percent (25%) of the total acreage of any Senior Village Development. C. Open Space Requirement. A minimum of twenty-five percent (25%) of the total acreage of a Senior Village Development shall be set aside as common open space for the use of the senior residents and/or the general public. It is the intention of this bylaw that the common open space shall generally consist of a large, single, contiguous area of open space with logical boundaries, which shall retain those natural features of the site most worthy of preservation in their natural state, and which connect with existing or potential conservation or open space areas on adjoining parcels whenever possible. Not more than twenty-five percent (25%) of the common open space shall consist of inland we Does the zoning bylaw/ordinance include any mandates or incentives for development of affordable units? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know, It is unclear if Leicester provides for affordable housing in its by-laws, let alone have any mandates or incentives. " "[INST] Context: different than the one subject to the Special Permit; c. An applicant may offer, and the Planning Board, in concert with the Board of Selectmen may accept, donations of land in fee simple, on or off-site that the Planning Board determines are suitable for the construction of an equivalent number of affordable dwelling units. The Planning Board may require, prior to acceptance of land by the Town, satisfaction of the requirements of this Bylaw, that the applicant submit appraisals of the land in question, as well as other data relevant to the determination of value; d. For fractional affordable dwelling units, the applicant may round up to the next whole number of units or choose to pay equivalent fees-in-lieu of units proportionate to the percentage of the unit required; and e. Preservation of existing market-rate dwelling units as affordable dwelling units through the purchase of deed restrictions. 8616. All affordable dwelling units that are constructed on-site under this Bylaw shall be situated within the MUD so as not to be in less desirable locations than market-rate units in the MUD and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units. The Site Plan shall identify those lots/locations selected for affordable dwelling units. 8617. With the approval of the Planning Board, as an alternative to the requirements of Section 8610, an applicant subject to the Bylaw may develop, construct or otherwise provide affordable dwelling units equivalent to those required by Section 8610 off-site. To the maximum extent practicable, all requirements of this Bylaw that apply to on-site provision of affordable dwelling units shall apply to provision of off-site affordable dwelling units. In addition, the Planning Board shall approve the location of the off-site units to be provided as an integral element of the Special Permit review and approval process. 8618. As an alternative to the requirements of Section 8610 and as allowed by law and with the approval of the Planning Board, an applicant may contribute an amount in cash equal to the costs of construction such affordable dwe 8600. Affordable Housing 8610. Any MUD which will result in the creation of ten (10) or more residential dwelling units, shall include as a condition of said permit that: 8611. At least 10% of the units, and in no case less than one unit, be priced for qualified affordable housing purchasers; 8612. The mix of affordable dwelling units and rate of affordable dwelling units built in any one year shall be equivalent to the overall mix for the entire MUD. It is intended that the affordable dwelling units authorized under the provisions of this Bylaw be considered as Local Initiative Program (LIP) dwelling units in compliance with the requirements for the same as specified by the Department of Community Affairs, Massachusetts Department of Housing and Community Development (DHCD), or successor, or additional programs adopted by the Commonwealth of Massachusetts or its agencies, and that said units count toward Pepperell's requirements under Massachusetts General Law Chapter 40B, Sections 20-23, as amended. 8613. Deed restrictions, acceptable to the Town, and established in accordance with the standards of DHCD or successor or additional programs adopted by the Commonwealth of Massachusetts or its agencies, shall be placed on the appropriate property to ensure that affordable dwelling units created under this section shall remain affordable dwelling units in perpetuity or for as long a period as is allowed by law. 8614. Dwelling units shall be considered as part of a single development if located either on a single parcel or contiguous parcels of land which have been in the same ownership at any time subsequent to the date of adoption of this Mixed-Use Bylaw. 8615. Affordable dwelling units required under Section 8610 may be provided in any one or combination of methods described below, subject to the approval of the Planning Board. a. Constructed on the locus subject to the Special Permit; b. Constructed on a locus different than the one subject to the Special Permit; c. An applicant may offer, and the Planning Board, in concert with the Board of Selectmen may accept, donations of land in fee simple, on or off-site that of the basic maximum number of dwelling units may be awarded. For every two (2) dwelling units restricted in perpetuity to occupancy by Moderate-Income Households, or for every one (1) dwelling unit restricted in perpetuity to occupancy by Low-Income Households, one (1) market rate dwelling may be added to the basic maximum number of dwelling units. Affordable housing units may be used toward density bonuses only if they can be counted towards the Town's affordable housing inventory as determined by the Massachusetts Department of Housing and Community Development. The applicant shall provide documentation demonstrating that the unit(s) shall count towards the community's affordable housing inventory to the satisfaction of the Planning Board. Bonus for Low Impact Development and Innovative / Environmentally-progressive land development techniques The Planning Board may award a density bonus for OSRDs that use Low-Impact Development (LID) / Better Site Design Practices for stormwater management in place of the standard structural methods such as detention basins and piped systems. LID or ""soft"" or ""green"" stormwater management systems use vegetative and small, decentralized building lot scale systems to decrease impervious surfaces and encourage the infiltration of clean water into the ground. When the Planning Board determines that an OSRD is proposing a well planned LID system, it may award one additional market rate or affordable housing unit to the basic maximum number of units. The Planning Board may also award one additional market rate or affordable housing unit over the basic maximum number when it finds that the OSRD plan is most effective in connecting or linking its open space to existing conservation or open space lands in Pepperell that are permanently protected from development. 7190. Severability. If any provision of this Bylaw is held invalid by a court of competent jurisdiction, the remainder of the bylaw shall not be affected thereby. The invalidity of any section or sections of this bylaw shall native to the requirements of Section 8610 and as allowed by law and with the approval of the Planning Board, an applicant may contribute an amount in cash equal to the costs of construction such affordable dwelling units, and satisfactory to the Planning Board in consultation with other relevant Town boards, to the Town Housing Authority or its designee for the development and preservation of affordable housing, in consultation with the Planning Board and other appropriate Town Boards, in lieu of constructing and offering affordable dwelling units within the locus of the proposed development or off-site, as set forth in Section 8670, below. 8619. The applicant for a MUD subject to this Bylaw may pay fees-in-lieu of the construction. For the purposes of this Bylaw, the fees-in-lieu of the construction or provision of each affordable dwelling unit is determined to be three (3) times 80% of the median income for a household of four (4), as reported by the most recent information from the United States Department of Housing and Urban Development (HUD) and/or the Massachusetts Department of Housing and Community Development (DHCD). 8700. Standards for Roadways and Drainage 8710. Roadways - MUD roadways to be accepted by the Town of Pepperell as public ways shall be designed and constructed in accordance with the Rules and Regulations for the Subdivision of Land in the Town of Pepperell. Private ways within the MUD, to the extent feasible, shall be constructed using the methods and materials prescribed in the Rules and Regulations for the Subdivision of Land in the Town of Pepperell, but shall not be required to conform to the dimensional requirements thereof, provided that those private roadways shall be adequate for the intended vehicular and pedestrian traffic and shall be maintained by the owner/developer or an association of owners. 8711. Storm Water Management System - The MUD shall have a storm water management system designed in accordance with the Rules and Regulations for the Subdivision of Land in the Town of Pepperell and the Department of Environmental Protection's Storm Water Management Guidelines, as amended. 880 ZONING BYLAW Does the zoning bylaw/ordinance include any mandates or incentives for development of affordable units? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Any MUD which will result in the creation of ten (10) or more residential dwelling units, shall include as a condition of said permit that at least 10% of the units, and in no case less than one unit, be priced for qualified affordable housing purchasers." "[INST] Context: be allowed for the transfer of the unit to another eligible occupant. C. Density Incentives (1) Basic Senior Village Bonus. A Senior Village's base density is defined as four housing units per gross site acre except where noted above. To qualify as a Senior Village, a proposal shall, at a minimum: (a) set aside five percent (5%) of the total number of dwelling units provided on the site as affordable housing as defined in this Section; and (b) provide a minimum of thirty percent (30%) of the lot area as permanent, protected open space conforming to the open space standards as set forth in this Section. The minimum 30% open space requirements may be waived by the Board if the proposed Senior Village is within the RD General Residential District and includes the rehabilitation or renovation of a certified, historic or architecturally significant structure for use as senior housing. This enhanced base density for Senior Villages may be further increased according to the provisions below pertaining to: additional affordable housing; additional open space dedication; and rehabilitation of existing buildings. (2) Additional Affordable Housing. In addition to the minimum requirement of five percent (5%) on-site affordable housing, a density increase is permitted where proposals provide on-site housing opportunities for low or moderate income senior households. For the purpose of this Section, affordable housing shall be defined as dwelling units that are sold to, and occupied by, households earning up to 80% of the median area household income, as such median is defined by the United States Department of Housing and Urban Development (HUD). Affordable units shall, by deed restriction, remain affordable in perpetuity. The Planning Board will require that the Developer provide legally enforceable assurances, which are acceptable to the Planning Board, that the-affordable dwelling units will continue to be affordable in perpetuity. Affordable units shall be dispersed throughout the Senior Village and shall be externally indistinguishable from the ma ng Board, that the-affordable dwelling units will continue to be affordable in perpetuity. Affordable units shall be dispersed throughout the Senior Village and shall be externally indistinguishable from the market rate units. If the affordable units are part of a condominium, the condominium documents shall, at a minimum, ensure that the owners of the affordable units will not be required to pay for capital improvements they cannot afford and that they will have fair and sufficient voting rights. The property owner shall seek referrals for the affordable units from the Plainville Housing Authority and shall submit an annual report to the Plainville Housing Authority, detailing compliance with the affordable housing provisions of the Senior Village approval. The Plainville Housing Authority shall be responsible for monitoring the long-term affordability of the units and shall report any deviations from these provisions to the Inspector of Buildings and the Board. The amount of density increase shall be calculated as follows: a. For each affordable housing unit provided under this Section, two (2) additional housing units may be permitted up to the maximum permitted under this Section. b. For each affordable housing unit where, by deed restriction, Plainville residents have first right of refusal, two and one half (2.5) housing units may be permitted up to the maximum permitted under this Section. The density bonuses above are not to be combined. Under no circumstances shall one affordable unit allow more than two and one half (2.5) additional units. D. Site Development Standards (1) Site Context Plan: A plan showing the location of the proposed development within its neighborhood context shall be submitted. For sites less than 100 acres in area, such plans shall be at a scale not less than 1 inch = 200 feet and shall show the relationship of the subject property to natural and man-made features existing within 1,000 feet of the site. For sites of 100 acres or more, the scale shall be 1 inch = 400 feet, and shall show the above re val required under this By-law. 2.5.3 Yards and Open Space No part of any yard or other open space required for the purpose of complying with the provisions of this By-Law shall be counted as part of a yard or other open space required for a building on another lot, except in the case of integrated developments in the CI District. Integrated developments in the CI District that are located on more than one lot shall be considered to be on one lot, and separate yards shall not be required for interior lot lines."" (Amended S.T.M. 11/17/97) 2.5.4 Accessory Building No accessory building or structure, except a permitted sign or a temporary roadside stand, shall be located within a required front or side yard or nearer to the rear lot line than 10 feet, except that on lots of less than 10,000 square feet, accessory buildings may be placed within 3 feet of a side or rear line. 2.5.5 Exceptions to Lot Requirements 2.5.5.1 Waiver of Strict Compliance The Board of Appeals, as permit granting authority, may waive strict compliance with applicable requirements as follows: a. Lot frontage: providing at least 80% of the applicable requirement is met and the full required lot width is available at the building line. b. Side yard and rear yard: providing such waiver does not reduce conformity below 80% of the applicable requirements of the district in which the lot is located. c. Parking: providing such waiver does not reduce conformity below 80% of the applicable requirements of the district. The Board of Appeals shall affirmatively find that such waiver shall not in any substantial sense be detrimental and depreciate property values in the immediate neighborhood. 2.5.5.2 Exemptions from Frontage and Area Requirements In any zoning district, a lot or lots having less than the applicable square footage or frontage requirements, or both, shall be exempt from either or both requirements aforestated if said lot or lots: 1. Is a lot in ownership separate from that of adjoining land located in the same Zoning District, at the time of the adoption of this By-Law, or 2. Is a lot or lots separately described in a deed or record at the time of the adoption of this By-Law, or its natural state, insofar as practicable, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas. The orientation of individual building sites shall be such as to maintain maximum natural topography and cover. Topography, tree cover, and natural drainage ways shall be treated as fixed determinants of roads and building configuration rather than as malleable elements that can be changed to follow a preferred development scheme. The Board may waive these requirements if the Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with this Bylaw. (5) Parking: Within the SHD, a minimum of two (2) parking spaces shall be required for each dwelling. Each parking space shall have adequate area for backing and maneuvering. The garage space shall no be included as a parking space. Each parking space shall have an area of not less than ten (10) feet wide and nineteen (19) feet long. The parking area shall be paved and connected with a paved driveway to the roadway within the development. In order to reduce impervious area within the development, common driveways are encouraged. The Planning Board shall, as a condition of its Special Permit, require additional off street parking areas to be used in common by dwelling unit owners and their invitees. In addition, the Planning Board shall, as a condition of the Special Permit, require that adoption of legally enforceable condominium by-law regulations to limit or prohibit the presence in the SHD community, either entirely or except in designated locations, of boats, boat trailers, campers, or other recreational vehicles. Commercial vehicles in excess of 10,000 lbs are prohibited from parking in the SHD. (6) The Planning Board may, as a condition, require that all utilities be installed underground. Each unit site shall be provided with a sanitary sewer service for the disposal of sanitary wastewater through a municipal system or on site septic s (11) Community Building: Within the SHD, there shall be a community building (s) and, recreational facilities, which shall be available to all residents and their guests. The size of the building is to be a minimum of 2,000 sq/ft. Use of the community building(s) or facilities is specifically limited by this by-law to uses that will service the residents within the SHD. All uses within the development shall be delineated as part of the Special Permit application and must be specifically approved by the Planning Board as an integral part of the Special Permit. (12) Business: Within-the SHD, no business of any kind is to be conducted unless specifically authorized by the Special Permit herein granted. (13) Other Facilities - All facilities for utility services, drainage, lighting and signage shall be in accordance with requirements established by the Planning Board, consistent with applicable provisions of the Zoning Bylaw and the regulations governing subdivisions, as the same may be waived or modified by the Planning Board to meet site conditions and design requirements. E. Special Permit Conditions (1) The Planning Board shall, as a Permit condition, require that all proposed condominium by-laws or SHD community regulations which may be relevant to the issuance of the permit, including but not limited to bylaw provisions prohibiting the presence of children residing in the SHD community and limiting or prohibiting the presence in the SHD community of boats, boat trailers, or recreational vehicles, be made a part of the Special Permit, and that any change to or failure to enforce said provisions shall be violation of said Special Permit. (2) The Planning Board may, as a Permit condition, require that the proposed SHD community be constructed entirely on one (1) lot, and that, from and after the date of the issuance of the building permit for said SHD community or any portion thereof, no subdivision of said lot shall be allowed without the express approval of the Planning Board; provided, however, that the recording of a condominium Does the zoning bylaw/ordinance include any mandates or incentives for development of affordable units? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Yes, the zoning bylaw/ordinance includes mandates and incentives for the development of affordable units. A Senior Village's base density is defined as four housing units per gross site acre except where noted above. To qualify as a Senior Village, a proposal shall, at a minimum: (a) set aside five percent (5%) of the total number of dwelling units provided on the site as affordable housing as defined in this Section; and (b) provide a minimum of thirty percent (30%) of the lot area as permanent, protected open space conforming to the open space standards as set forth in this Section. The minimum 30% open space requirements may be waived by the Board if the proposed Senior Village is within the RD General Residential District and includes the rehabilitation or renovation of a certified, historic or architecturally significant structure for use as senior housing. This enhanced base density for Senior Villages may be further increased according to the provisions below pertaining to: additional affordable housing; additional open space dedication; and rehabilitation of existing buildings. In addition to the minimum requirement of five percent (5%) on-site affordable housing, a density increase is permitted where proposals provide on-site housing opportunities for low or moderate income senior households. For the purpose of this Section, affordable housing shall be defined as dwelling units that are sold to, and occupied by, households earning up to 80% of the median area household income, as such median is defined by the United States Department of Housing and Urban Development (HUD)." "[INST] Context: elopment consistent with the availability and adequacy of public facilities necessary to support development and to protect the public health, safety and welfare. The phasing of development, based on public facility conditions, will provide for orderly growth and development to meet projected demands while discouraging sprawl and leapfrog development patterns which create service inefficiencies, increase costs and cause scattered facility demands. Thus, for certain residential uses prescribed by Zoning District in part IV of the Zoning Bylaw, the Planning Board shall not grant a special permit unless the specified Adequate Facility Conditions are satisfied. This section is intended to provide for a detailed review by the Planning Board, aided by other Town boards, or residential uses at densities which will have a significant impact on the health, safety, and general welfare of the Town and its inhabitants due to their location and impact on or need for supporting public facilities. This provision is adopted pursuant to the authority of and purposes specified in the Zoning Act (Chapter 40A, Massachusetts General Laws annotated) which empowers Towns, among other things, to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other requirements; to conserve natural resources; and to encourage the most appropriate use of land throughout the community. B. Special Permit Required for Village Density Development 1. Except for cases specifically exempted below, prior to the issuance of any zoning permit for village density development, the applicant shall be required to obtain a special permit from the Planning Board. This requirement shall apply to developments approved after the effective date of this bylaw other than those exempted by state statute. 2. Inapplicability: This bylaw shall not apply to developments of one or more single-family units at a net density of one unit per sixty thousand (60,000) square feet or less: provided, however, that such de Section 310 Planned Unit Development 310.01 Definitions "" PLANNED UNIT DEVELOPMENT "" (PUD) is an area of land, designed and developed as a unit, with common open space as an integral characteristic and Which departs from the. Zoning regulations conventionally required in the district concerning use of land or buildings, lot size, density, bulk or type of structure, lot coverage or other requirements. Unless specifically prescribed, any combination of authorized uses may be allowed as long as the required density is not exceeded. The term Planned Unit Development (PUD) includes the following types of developments: "" HIGH TECHNOLOGY PLANNED UNIT DEVELOPMENT "" (High Technology P.U.D.) is a high technology planned unit development in the Rural Residential District established under Section 401.03(D) of the Zoning Bylaw. "" RETIREMENT MOBILE HOME PLANNED UNIT DEVELOPMENT "" (R.M.H.P.U.D.) is a mobile home park whose occupancy is limited to elderly households. R.M.H.P.U.D.'S provide attractive and healthy residential environments meeting the unique needs of the elderly in accordance with the Town's Housing Assistance Plan. "" COMMON OPEN SPACE "", or ""Land"", or ""Facilities"" is (are) a parcel or parcels of land or an area of water, or a combination of land and water within the site designated for a Planned Unit Development, maintained and preserved for open uses, and designed and intended for the use or enjoyment of occupants of the planned unit development. Common open space may contain such elements as defined in Section 401.25 and complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the Planned Unit Development, but shall not include streets or parking areas except those incidental to open space uses, and except those in a R.M.H.P.U.D. or High Technology P.U.D. 310.02 Objective he Planning Board as ""Approval Under the Subdivision Control Law Not Required"", by virtue of M.G.L. Chapter 40A, Section 6 (6th paragraph), for three years from the date of such endorsement; 4. Units within a Rural Density Development, if: A) The parcel on which such units are located is permanently restricted to a density of no more than one-half of the maximum density achievable under applicable bylaws and regulations; and B) The applicant submits plans or other pertinent documentation to demonstrate the maximum number of units achievable on said lot; 5. Units within a development (""Low Density Development""), defined as one in which: A) The parcel on which such units are located is permanently restricted to a density of no more than one-third of the maximum density achievable under applicable bylaws and regulations; and B) The applicant submits plans or other pertinent documentation to demonstrate the maximum number of units achievable on said lot. C) ""Protected Units"" (units counting toward Limitations) Building permits for the following new dwelling units located within the foregoing.districts shall count toward the foregoing limitation: 1. Units on lots on a plan endorsed by the Planning Board as ""Approval Under the Subdivision Control Law Required"", if grandfathered from these limitations by virtue of. M.G.L. Chapter 40A, Section 6 (7th paragraph), for eight years from the date of such; endorsement. D) Sunset Provision This section shall be effective as of April 10, 2002 and shall continue until the final adjournment of the 2005 Annual Town Meeting, unless sooner s or surfaces which deliver or may discharge water into the ground shall include devices sufficient to treat said water and to monitor said treatment so as to achieve any and all applicable effluent standards and any other standard which the Board of Health deems appropriate in light of the particular structure, its proposed use and the soil and groundwater conditions of the proposed site. J) Protection of the Environment. High Technology Planned Unit Development proposals shall include a complete inventory and analysis of any features of the environment which are unique or peculiar to the area. Open space requirements shall be satisfied first by protecting such features and the Board of Appeals shall require open space and above the minimum given in this bylaw to assure such protection. These features include but are not limited to species or complexes of flora or fauna or their habitats, areas of high visual quality, soils, geology and topography. Where large acreages are involved, this section is intended to be satisfied through study only of those areas to be actually developed, and it is intended that such limited studies be thorough. Interruption of systems of environmental importance such as trails to food, water or habitats are of particular concern, however. Maintenance of undeveloped open-space shall include specific provisions to protect the natural environment as it exists. K) Parking and Loading The following shall apply in a High Technology Planned Unit Development: 1) Notwithstanding any provisions of Section 305.01, parking requirements may be met by a combination of parking interior to lots and on-street, as is appropriate to a pedestrian oriented commercial center, and may be located greater than 400 feet from the principal building served. 2) Notwithstanding any provisions of Section 305.04, more than two driveways may be allowed on any street frontage, and driveways may be less than thirty (30) feet apart or shared. For multi-family use, driveways should have a minimum width of eight (8) feet. 3) No dents of the Planned Unit Development, but shall not include streets or parking areas except those incidental to open space uses, and except those in a R.M.H.P.U.D. or High Technology P.U.D. 310.02 Objectives of Planned Unit Development A) To free the development process from the constraints of conventional lot lines and inflexible zoning standards based upon lot by lot development. B) To encourage flexibility and creativity in the design of developments through a carefully controlled process of negotiation of particular plans rather than the strict pre-regulation of all plans within a zone. C) To encourage innovations in development in keeping with the general scale and character of Plymouth. D) To encourage a less sprawling form of community development which makes more efficient use of land, requires shorter networks of streets and utilities and which fosters more economical development and less consumption of rural land. E) To permanently preserve natural topography and wooded areas within developed areas and to provide useable open space and recreation facilities in close proximity to all homes. F) To provide an efficient procedure which can insure appropriate, high quality design and site planning and a high level of environmental amenity. The Objectives set forth in this Subsection 810.02 shall be considered as guidelines by the Board of Appeals in its grant of special permits under this Section 310 but are not intended to establish any specific requirements beyond those set forth in other Subsections of this Section 310. 310.03 Location and Density of Planned Unit Developments Various types of Planned Unit Developments may be established in specified zones by special permit, provided that all proposed PUD'S shall comply with all requirements prescribed herein and with the standards of environmental design review. Table 3 prescribes Does the zoning bylaw/ordinance include any mandates or incentives for development of affordable units? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] No, It is unclear if Plymouth provides for affordable housing in its by-laws based on the excerpt, let alone have any mandates or incentives. " "[INST] Context: 4. For multifamily units of two or more bedrooms, where the total number of dwelling units to be developed at one time or in any successive stages exceeds 12 dwelling units, there shall be constructed and equipped an outdoor recreation area with a minimum size of 500 square feet per unit for each two bedroom and 1,000 square feet per bedroom for each unit of 3 or more bedrooms. Specifically exempt from this requirement are one-bedroom units and housing for the elderly. 5. A corner lot shall have minimum street yards with depths, which shall be the same as the required front yard depths for the adjoining lots. 6. At each end of a through lot, there shall be a setback depth required, which is equal to the front yard depth required for the District in which each street frontage is located. 7. Projections into required yards or other required open spaces are permitted subject to the following: a. Balcony or bay window, limited in total length to one half the length of the building, not more than 2 feet. b. Open terrace or steps or stoop, under 4 feet in height, up to one half the required yard setback. c. Steps or stoop over 4 feet in height, window sill, chimney, roof eave, fire escape, fire tower, storm enclosure, or similar architectural features, not more than 2 feet. 8. The provisions of this By-Law governing the height of buildings shall not apply to chimneys, cooling towers, elevator bulkheads, skylights, ventilators, electronic equipment, elevator shafts, and other necessary appurtenances usually carried above roof, not to domes, towers, stacks, or spires, if not used for human occupancy and which occupy not more than 20 percent of the ground floor area of the building; nor to ornamental towers, observation towers, radio broadcasting towers, television and radio antennae, and other like structures, which do not occupy more than 20 percent of the lot area; nor to churches or public agricultural or institutional buildings or buildings dimensions and maximum building area may be adjusted as deemed appropriate by the Board of Appeals. 5. At any one time, not more than 10 percent of the total dwelling units shall contain three or more bedrooms. 6. For multifamily units of two or more bedrooms, there shall be constructed and equipped an outdoor recreation area containing 100 square feet for each dwelling unit within the development with a minimum requirement of 2,000 square feet. Specifically exempt from this requirement are one-bedroom units and housing for the elderly. 7. The development shall be served by public water and sewerage. 8. Parking facilities shall meet the requirement of Section VIII except the required number of spaces shall be one additional for each five units for visitor parking. In housing for the elderly projects, the parking requirements shall be reduced by 50 percent. 9. Such other conditions as the Board may find appropriate in accordance Section XX may be imposed. K. Fast Order Food Establishments. In considering special permits for Fast Order Food Establishments, the Board shall give consideration to the following: 1. Impact on traffic and parking. 2. Sensitivity to the visual and physical characteristics of the particular location, including siting, signing, lighting, landscaping, fencing, materials, windows, etc. 3. Fulfillment of a need in the neighborhood or in the Town. 4. Reliance on walk-in trade as opposed to drive-in or automobile related trade. (Added by action of Town Meeting, June 23,1976, Article #30) L. Adult Entertainment Establishments may not be located less than 750(seven hundred fifty) feet from the nearest lot line of: a. Each other b. Public or Private Nursery-Schools c. Public or Private Day Care Centers d. Public or Private Kindergartens e. Public or Private Elementary Schools f. Public or Private Secondary Schools g. Playgrounds h. Churches (Adopted Special Town Meeting, April ZONING BY-LAW AND MAP y-law: a. Minimum Front Yard depth - 0 feet. Note that this. depth is to allow zero-setback structures where appropriate in the CBD; it is not meant for all portions of the SCMUOD, where front yard landscaping would be an appropriate amenity. b. Maximum Required Front Yard depth 20 feet or the average of the setbacks to buildings on the same side of the street or way within 200 feet of the lot in question, whichever is the lesser. c. Minimum Side Yard Width 0 feet except where$ the subject property shares a lot line with a residential home (or Residential District), in which case, minimum is 25 feet (note: minimum is 0 feet in CBD) d. Minimum Rear Yard Depth 10 feet, except where the subject property shares any lot line with parcel in a residential district and not included within the SCMUOD, in which case, minimum is 25 feet No lot on which a building is located shall be reduced or changed in size or shape so that the building or lot fails to comply with the frontage, building coverage, yard distances, or other dimensional provisions of the SCMUOD by-law. [5.7] Height a) The maximum height of buildings or structures, other than accessory rooftop equipment discussed below or special architectural features, is forty feet. b) The height limit does not apply to necessary appurtenances usually carried above roof not Used for human occupancy in accordance with the current Stoughton zoning by-laws (Section VI-G-8). [5.8] Affordable Housing a) In all developments of more than five dwelling units under the provisions of the SCMUOD, no less that 20% of the total number of units shall be affordable to moderate income households. The affordable units may be available for either rental or ownership. A moderate income household is as defined by the U. S. Department of Housing and Urban Development, or by a similar federal agency created to replace it, as adopted by the Commonwealth of Mass TABLE OF DIMENSIONAL AND DENSITY REGULATIONS District,Use,Minimum l ol Area (sq ft ),Minimum I of Width (ft),Minimum of Frontage (ft),Minimum of Depth (f) ),Minimum Front (II),Yard Side (ft),Rear (ft,Maximum Height (f) ),Maximum Stories (No ),Maximum Building Area (%),Minimum Open Space (%) R M,Multi Family Apartment House Multi family Row House (Town House Condominium) Two Family Dwelling Any other permitted use (5),2 000 sq ft per dwelling unit + 2 000 sq ft per bedroom per dwelling unit (7),150(5) 100(5),150(5) 100(5),80,25,10(2),30,40,4,- 30,30 10) RU,Two Family Dwelling,35 000 (7),120(5),120,100,25,15(1),40,35,25,30,50 ,Single Family Dwelling,25 000(7),80,80 (5),80,25,15,40,35,25,30,50 ,Any other permitted use,35 5000(7),120(6),120(G),80,25,15,40,35,25 5,30,50 10) RC,Any permitted use,40 000(7),100,100(5),120,35,15,40,35,3,25,50 10) RB,Any permitted use,55 000(7),125,125(5),140,40,20,40,35,25,20,50 10) RA,Any permitted use,""55,000 (9)"",150,150(5),180,40,20,50,35,2 5,20,50 CBU,Any permitted use,2 500,20,20,75,0,0,10,40,3,90,0 GB,Any permitted use,10 000 (7),50,50,75,15,5,30,40,3,70,10 NB,Any permitted use,10 000 (7),50,50,75,15,5,30,30,2 5,50,20 HB,Hotel and Molel,20 000 + 3 000 per unit (7),80,80,100,20,15,40,40,4,40,30 ,Any permitted use,20 000 (7),80,80,100,20,15,40,85(8),6(8),40,30 I Amended,Any permitted use by action of Town Meeting April 30,80 000 (7) 1979 Article 27,125,150,125,25,20,40,40,4,50,25(3) R M Previous amendment voted June 17 1981 Article 16 (7) Amended by action of Special Town Meeting November 12 1996 Article 6 (8) Amended by action of Special lown Meeting on May 5 1997 Article #9 ID 29 (6) Amended by action of Annual Town Meeting April 24 1989, Article 42 Does the zoning bylaw/ordinance include any mandates or incentives for development of affordable units? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Yes, the zoning by-law includes a requirement for affordable housing. According to section 5.8 of the by-law, ""In all developments of more than five dwelling units under the provisions of the SCMUOD, no less that 20% of the total number of units shall be affordable to moderate income households."" " "[INST] Context: lowing types of development which would result in the creation of new dwelling units: 1. definitive subdivisions plans; 2. plans subject to MGL Chapter 41 Section 81-P (ANR Plans); 3. special permit developments subject to section 4.12.00 and 4.14.00 of this zoning bylaw unless meeting the specific requirements for examination under this section. 1.19.41 Dwelling units shall be considered as part of a single development, for purposes of development scheduling, if located on either a single parcel or on a set of contiguous parcels of land held in common ownership at any time on or after the date of adoption of this bylaw. 1.19.42 Where Consistent with the applicable growth rate of development limit, building permits for the construction of new residential units in the types of development set forth above shall be authorized only in accordance with the following table: Number of new Units in Development - Maximum Number of Permits/Year 1-8 - 100% 9-20 - 50% 21-30 - 33% 31-50 - 25% More than 51 - 15% 1.19.43 Where the applicable growth rate of development limit does not allow development consistent with the table set forth above, the Planning Board shall establish a development schedule which allows fewer than the maximum number of new dwelling units per year. However, the Planning Board shall not establish any development schedule which phases development for longer than a ten year period. 1.19.44 In addition to the types of development described above, the Planning Board is authorized, upon request, to approve a development schedule for any other building lot or dwelling unit, specifying the month and year in which such lot/unit shall be eligible for a building permit. 1.19.45 In order to facilitate review, the developer may submit a written proposed development schedule to the Planning Board as part of any application for the types of development listed above. Where the developer has not submitted a development schedule, the Building Commissioner shall refer any application for a building permit on a lot within these types of plans to the Planning Board for development scheduling. The Planning Board shall approve a development schedule that is consistent with the provisions of this bylaw. Approved development schedules fo ses is assured through providing yards of at least 4 times building height measured from each lot line which shall contain no parking areas, and through use of outdoor lighting fixtures not higher than 15 feet. 7. The total number of dwelling units is limited to the resultant of the total area of the parcel as measured pursuant to Section 2.12.20 and 2.12.30 of this By-law rounded to the nearest 1,000 square feet divided by 20,000. 4.12.40 Additional Dwelling Units - Upon petition to the Planning Board the number of dwelling units allowed pursuant to Section 4.12.30 paragraph 7 may be increased by 25% provided the applicant meets the requirements of this section. 4.12.41 Specific Requirements 1. The applicant by means of a recordable instrument agrees to offer for sale or rent at an acquisition price or rent level deemed ""affordable"" as hereinafter defined, not less than 50% of the additional units granted pursuant to this section or; not less than 20% of the additional units granted by virtue of this section the ownership of said unit to be transferred by deed or by a recordable irrevocable instrument, to the Tyngsborough Housing Authority who shall thus maintain and use said units in accordance with Massachusetts General Laws Chapter 121B Section 11. 2. The applicant meets the conditions and terms concerning, but not limited to, resale restrictions, tenant-purchaser selection and eligibility, resident priority and other administrative rules and regulations as promulgated by the Planning Board which are designed to insure the goal of providing affordable housing is continued. 3. All units provided pursuant to this section shall not be less than the average size of all other units in the same development and shall be similar in terms of siting, style and quality of construction. 4.12.42 Determination of Affordability - The term ""affordable"" shall be defined as the maximum purchase price or less allowed by the Massachusetts Housing Finance Agency through said Agency's F ZONING BY-LAWS ding Section 3.16.00 Environmental Protection Standards. 4.14.00 Special Permit - Open Space Residential Development The Planning Board may grant a special permit for Open Space Residential Development in the R1 District for single family detached dwellings and accessory structures subject to the provisions of this section. Town Meeting approval of an Open Space Residential Plan is required prior to the granting of a Special Permit. 4.14.10 Objectives - The objective of this section is to allow an optional scheme of development so as to encourage the preservation of common land for conservation, acquisition, open space and recreational use; to preserve historical or archeological resources; to protect existing or potential municipal and private water supplies; to promote more sensitive siting of buildings and better overall site planning; to promote better utilization of land in harmony with its natural features and with the general intent of the Zoning By-law through a greater flexibility in design; and to allow for the more efficient provision of municipal services. 4.14.20 Open Space Residential Regulations - The following regulations shall apply to all developments submitted under this section. 4.14.21 Minimum Parcel Size - Open space residential developments shall be located upon a parcel of land having a minimum of nine acres in the R1 District. 4.14.22 Number of Building Lots Permitted - The total number of building lots in an Open Space Residential Development shall be no greater than the number of building lots that would otherwise be permitted in the district within which the land is located. The Planning Board shall require that the applicant provide satisfactory evidence that the number of lots shown on the Open Space Residential Plan is no greater than the number of lots that could otherwise be developed. All determinations of area for the purpose of determining the number of lots shall be based upon the criteria included in sections 2.12.20 and 2.12.30, and 2.12.40 throu e types of plans to the Planning Board for development scheduling. The Planning Board shall approve a development schedule that is consistent with the provisions of this bylaw. Approved development schedules for the types of development described in this section shall be incorporated, where appropriate as part of the decision filed with the Town Clerk, whether inscribed on the plan and/or filed as a separate attached document. No approved development schedule shall take effect for the purposes of obtaining building permits until recorded separately or as part of the decision. Upon transfer of any lot or unit in the types of development subject to development scheduling, the deed shall reference the development schedule and state the earliest date on which construction may be commenced in accordance with the provisions of this bylaw. 1.19.50 Exemptions. The following developments are specifically exempt from the Growth Rate of Development limits established by this section: 1. Dwelling Units in the types of development set forth in section 1.19.40 which are exempt by virtue of the provisions of MGL Chapter 40A, Section 6; 2. An application for a building permit for the enlargement, restoration or reconstruction of a dwelling in existence as of the effective date of this bylaw, provided no additional residential dwelling unit is created; 3. Temporary Independent Living Quarters approved and permitted under Section 4.15.00 of this bylaw. 4. For the purposes of this Section, any person who owned a parcel of land in Tyngsborough prior to April 6, 2000 shall receive a one time exemption (one building permit) from the Planned Growth Rate of Development Section 1.19.20 and the Development Schedule Section 1.19.30 for the purpose of constructing a single-family dwelling unit on the parcel owned, provided that the single-family dwelling unit shall be owned and occupied by the owner of that parcel of land. In addition, the applicant for the building permit shall comply with applicable standards and regulations regarding the issuance of a building permit as well as any local, state, and federal regulations that are applicable to the parcel. The issuance of a building permit for this purpose shall, however count toward the growth rate limit of one hundred and thirty (130) dwel Does the zoning bylaw/ordinance include any mandates or incentives for development of affordable units? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Upon petition to the Planning Board the number of dwelling units allowed pursuant to Section 4.12.30 paragraph 7 may be increased by 25 % provided the applicant meets the requirements of this section. 4.12.41 Specific Requirements 1. The applicant by means of a recordable instrument agrees to offer- for sale or rent at an acquisition price or rent level deemed ""affordable"" as hereinafter defined, not less than 50% of the additional units granted pursuant to this section or; not less than 20% of the additional units granted by virtue of this section the ownership of said unit to be transferred by deed-or by a recordable irrevocable instrument, to the Tyngsborough Housing Authority who shall thus maintain and use said units in accordance with Massachusetts General Laws Chapter 121B Section 11. This is not a mandate for affordable housing in Tyngsborough, but rather an incentive. The developer is granted additional dwelling units as long as some of those additional dwelling units are kept affordable. " "[INST] Context: ermanently deed restricted to be affordable to (3) Households that earn less than 80% of the median income for the Boston Metropolitan Statistical Area (MSA). Fractions of a unit shall be rounded up to the nearest whole number. Restrictions on these units and management of occupancy shall be performed in a manner that ensures these housing units are incorporated into the Commonwealth of Massachusetts Subsidized Housing Inventory. (3)Other site or facility features including, but not limited to, utilities, parking areas, roadways, gathering spaces shall not detract from the amount of developable land used to calculate residential yield. 3. Building and Dwelling Unit Requirements The following requirements shall apply to all buildings and dwelling units in an AQV: A. Dwelling units can be attached, or detached as single units, or a combination of these types. B. Dwelling Units Per Building - no building shall contain more than four dwelling units. C. Maximum Height - no building constructed in an AQV shall exceed 35 feet in height. D. Maximum Number of Bedrooms - no dwelling unit constructed in an AQV shall contain more than three bedrooms. The average bedroom count per unit in an AQV shall not exceed 2.25. 4. Application Requirements An applicant for a Special Permit to develop an AQV shall submit to the Special Permit Granting Authority all applicable information required for a Full Site Plan Review pursuant to Section 13 of this Bylaw. 5. Decision of the Special Permit Granting Authority The Special Permit Granting Authority may approve, deny, or conditionally approve an application for an AQV. To make their decision, the Special Permit Granting Authority shall in addition to those criteria listed in Section 2.2, consider the following: A. Whether the site is designed to facilitate the enjoyment of its residents through the use of recreational amenities, walkways, pedestrian connections other on-site features conducive to community living. B. Whether the site is designed to minimize B. Applicability Beginning on the effective date of Subsection 2.7 of the Zoning Bylaw, no building permit for new single-family residential construction shall be issued unless in accordance with the regulations contained herein. This section of the Zoning Bylaw shall be in effect until December 31, 2015, at which time it shall automatically cease to be effective, unless otherwise extended for a longer period of time in accordance with applicable provisions of Massachusetts law. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held 10/18/10. This section of the Zoning Bylaw shall apply to all developments as defined as ""DEVELOPMENT"" in Section 14. For purposes of this section of the Zoning Bylaw, adjacent or contiguous parcels of land which were under common ownership at the time of adoption of this Bylaw shall be considered as within a single tract of land. C. Procedures The issuance of building permits for the construction of new single-family detached dwellings on lots within a development as defined as ""DEVELOPMENT"" under Section 14 shall be in conformance with an approved development schedule as formulated under the procedures set forth hereunder. (1) Each development shall be evaluated in relation to the design criteria table in Section 2.7.D. Points assigned in each category of design criteria for which the applicant seeks credit are to be cumulatively totaled for each proposed development. The cumulative total of points shall then be correlated to the development phase table in Section 2.7.E to establish the number of building permits that may be issued within each development phase by virtue of the proposed number of lots and the established rates of development within said table. (2) Said development schedule shall be approved, or modified and approved (including the imposition of reasonable conditions), by the Planning Board, and recorded at the Norfolk County Registry of Deeds and filed ZONING BYLAW nit and ending on the date of issuance of the final occupancy permit for all but two of the dwellings within such development unit. DEVELOPMENT UNIT The total number of building permits and their respective occupancy permits that may be issued within one development phase as determined by a phasing schedule developed under Subsection 2.7.E for each proposed development. DISTRICT A zoning district established in Section 4 of this Bylaw. DORMITORY A building containing sleeping rooms, dining rooms, common rooms, and accessory facilities intended exclusively for the use of students of an educational institution, having been constructed or converted by that institution or with its specific authorization. DRIVE-IN ESTABLISHMENT A business establishment wherein patrons are usually served while seated in parked vehicles on the same lot or served by a drive-up window. The term ""drive-in"" includes drive-in eating establishments where food is purchased from a building on the lot, but is consumed in the vehicle; drive-in service establishments such as banks, cleaners, and the like. DRIVEWAY A space, located on a lot, built for access to a garage or off-street parking or loading space. DWELLING A privately or publicly owned permanent structure which is occupied in whole or part as the home residence or sleeping place of one or more persons. The terms ""one-family"", ""two-family"", ""three-family"" or ""multifamily"" dwelling shall not include hotel, lodging house, hospital, membership club, mobile home, or dormitory. DWELLING, MULTIFAMILY A building containing four (4) or more dwelling units. DWELLING, ONE-FAMILY A detached building containing one (1) dwelling unit. DWELLING, THREE-FAMILY A detached building containing three (3) dwelling units. DWELLING, TWO-FAMILY A detached building containing two (2) dwelling units. DWELLING UNIT Rooms providing complete living facilities for the use of one (1) or more individuals, with permanent provisions for living, sleeping, eating, cooking, and sanitation, whether ow r open space and affordable housing are listed below. These bonuses may be used individually or in some combination to potentially increase the number of units allowed on a site. The aggregate density bonus for an OSRD shall not exceed fifty percent of the Basic Maximum Number. Common Driveway OSRD proposals are not eligible for density bonuses. (1)Open Space: In all applicable Districts, the Planning Board at its discretion may increase the number of dwelling units beyond the Basic Maximum Number and award a ten percent (10%) density bonus for each additional five percent (5%) of upland open space that is designated as protected under the OSRD. However, this density bonus shall not exceed twenty-five percent (25%) of the Basic Maximum Number. (2)Affordable Housing: For every one dwelling unit restricted to occupancy for a period of not less than ninety-nine (99) years by persons or families who qualify as low or moderate income, as those terms are defined for the area by the Commonwealth's Department of Housing and Community Development (DHCD) and that shall be eligible for inclusion in and count toward the Town's ""Subsidized Housing Inventory,"" as maintained by DHCD or any successor agency, the Planning Board may award a density bonus of two (2) market-rate dwelling units. However, this density bonus shall not result in a number of units that exceeds fifty percent (50%) of the Basic Maximum Number. 13. Adoption of Rules and Regulations The Planning Board may, after notice and hearing, adopt rules and regulations to implement the provisions of Section 10-D, including but not limited to specifying the content and number of required plans, application procedures, filing and review fees, design criteria, development standards, and other general requirements consistent with this Bylaw. 10-E. COMMON DRIVEWAYS 1. Purpose The purposes of providing access to more than one residence or business, rather than by individual driveways on each lot are: A. To enhance public safety by reducing the number and frequency of points at which vehicles may enter upon the ways used by the public; B. Encourage the protection and pre Does the zoning bylaw/ordinance include any mandates or incentives for development of affordable units? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, For every one dwelling unit restricted to occupancy for a period of not less than ninety-nine (99) years by persons or families who qualify as low or moderate income, as those terms are defined for the area by the Commonwealth's Department of Housing and Community Development (DHCD) and that shall be eligible for inclusion in and count toward the Town's ""Subsidized Housing Inventory,"" as maintained by DHCD or any successor agency, the Planning Board may award a density bonus of two (2) market-rate dwelling units. This is an incentive to build affordable housing in Walpole." "[INST] Context: 900 (2-3 bdrm) 15. Max. number of units with more than 2 bedrooms (%) 20 16. Min. number of affordable units (%) 20 [3] 17. In mixed use structures, maximum non-residential floor area ratio 0.3 * except only 2.5 stories and 35 feet within 100 feet of a recognized watercourse (pond, reservoir, river, etc.), or within 2,500 feet of the rotary in the center of Town or where property under consideration is adjacent to a residential district. B. Notes to Dimensional Requirements 1. It is specifically noted that side yard setbacks may be reduced to zero in cases where the Planning Board determines that joined buildings add to the ""village center"" atmosphere that is envisioned by this By-law. 2. Where the Planning Board finds merit, it may allow taller structures where lot coverage on the development parcel is correspondingly reduced. For example, assuming all others features and characteristics of a Special Permit application comply with this regulation, a four story structure would be allowed with a maximum coverage of 60%. The proponent might suggest an 8-story building with a coverage of 30% (50% increase in allowed height and 50% decrease in coverage). 3. The minimum of 20% of the units that are to be designated affordable must comply with the requirements of the Massachusetts Department of Housing and Community Development or a successor agency. Such units shall have deed restrictions regarding affordability which will continue in perpetuity and will allow the units to ""count"" as State recognized affordable units. All such affordable units shall be priced at levels affordable to individuals or families earning no more than 80% of Area Median Income (AMI) as published by the State/US Department of Housing and Urban Development (HUD). 4. A 75-foot buffer strip shall be maintained where abutting a Residential District; thirty feet of this to remain undisturbed, except for the planting of additional natural vegetative screening. 5. No floor of a dwelling unit, except for unoccupied basements, shall be below grade of the adjoining ground at any place on its perimeter. 6. See Secti is in a zone other than the Single Residence Zone, the Special Permit applicant shall be entitled to a bonus of 5 additional units in the multi-family project. However, such density bonuses are usable only to the extent that the proposed project, with the added units, in the discretion of the Planning Board, continues to meet all other requirements of these By-laws including satisfying the goals stated in the Purpose Section herein. G. For example, if a parcel in the Industrial C Zone that is the subject of an application under this Transit-Oriented Village By-law meets all requirements for a total of 40 units (4 base units per acre on a 10-acre parcel) and the applicant is preserving 10 acres of acceptable land in the Single Residence Zone, the total possible units in the multi-family housing project would be 140 units (40 base units, 100 bonus units). This assumes that the 140-unit project still meets all requirements of this By-law, including those which are discretionary on the part of the Planning Board. H. In the event that a transfer of a partial acre of land from a Sending Parcel, or any other calculation, results in a number of bonus units, or total units per acre, which is a fraction, the total shall be rounded down to the previous whole number. I. In approving a T-OV, the Planning Board shall have the power and authority to condition the Special Permit on the fulfillment of reasonable improvements to or near the Sending Parcel, as well as its traditional authority to impose conditions on and near the site to. be developed. For example, the Planning Board might condition a T-OV Special Permit on the installation of a certain number of parking spaces on the Sending Parcel to facilitate the Town's use and enjoyment of the preserved land. 5091. Specific Site and Construction Standards. Unless modified in accordance with the above paragraph on General Standards, the following specific site and construction standards shall be observed in the development of a T-OV project as stated in the T-OV Architectural Guidelines applied by the Design Review Board. A. Architectural Standards: Design characteristics The total number of lots shall not exceed the number of lots which could reasonably be expected to be developed under a conventional plan in full conformance with zoning, subdivision regulations, and health codes. 3. Intensity Regulations. The Planning Board may grant a reduction of all intensity regulations of the underlying zone regulations for all portions of an open space development if the Board finds that the reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with these regulations, provided that in no instance shall any lot deviate from the following table of requirements: Table of Requirements Maximum Lot Size 15,000 square feet Minimum Lot Size 8,000 square feet Minimum Frontage 50 feet Minimum lot width, at building line 80 feet Minimum Front Yard Setback 30 feet Minimum Side Yard 15 feet Minimum Rear Yard 15 feet 4. The minimum front yard setback requirement contained in this Bylaw may be waived by the Board in order to achieve the purpose of this Bylaw. 4350. Common Open Space Ownership and Management. Common open space in any development under this provision shall be conveyed to: 1. an Open Space Land Trust, or any other nonprofit corporation, approved by the Planning Board, the principal purpose of which is the land conservation and the preservation of open space; and/or 2. a corporation, trust or association owned or to be owned by the owners of the lots in the development, hereafter referred to as the ""Homeowners Association"", provided that the land shall be conveyed to the ""Homeowners Association"" subject to covenants, enforceable by the Town, to keep the dedicated common space, open or in a natural state as approved by the Planning Board; and/or 3. the Town, and may be accepted by it for conservation and/or recreational use; and/or 4. owners of the lots within the open space community subject to a conservation restriction acceptable to the Board. 4360. Application and e Planning Board. The total area of the building lots shall not exceed twenty percent (20 %) of the entire parcel for a Mixed Use PPD, nor shall the total area of building lots exceed thirty percent (30%) of the entire parcel for an Industrial PPD. Areas of wetlands, private and public ways and existing easements shall be excluded in calculating the total parcel area. Parking lots and parking areas must be included within the defined building lots. 4652. Lot Size. No lot shall have a frontage less than seventy-five (75) feet on a street, nor an area less than fifteen thousand (15,000) square feet. Planned Parcel Developments shall be exempt from dimensional requirements as may be required in other sections of this Bylaw and shall be as determined by the Planning Board in accordance with the purposes and intent of this section. The Planning Board may establish, at its discretion, the various dimensional standards, including but not limited to, lot area, frontage, yard, height and building separation, to achieve the purposes and intent of this section and may require modifications or conditions in the plan for the purpose of this section. 4653. Unit Density Ratio. The maximum number of dwelling units in a Mixed Use Planned Parcel Development shall be one (1) for each twenty-five thousand (25,000) square feet of the total parcel area as defined in Section 4651. The Planning Board may authorize a limited increase in the unit density ratio according to the following: a. For an increase in open space in excess of the required minimum open space, or a decrease in the computational area requirement from twenty-five thousand (25,000) square feet to fifteen thousand (15,000) square feet. b. For distinctiveness and excellence in design and landscaping, a maximum decrease in the computational area requirement from twenty-five thousand (25,000) square feet to twenty-two thousand five hundred (22,500) square feet. Indust interest by the preservation of open space and natural landscape features in perpetuity, and ensure that residential development, to the maximum possible extent, respects the natural features of the land. Promote housing patterns which are designed to be sensitive to and accommodate a site's physical characteristics. Such features include wetlands and water bodies, topography, vegetation, wildlife habitats, scenic views & vistas, the integrity of ancient ways, historic sites, and the remaining rural character of the community which is exemplified by its farmlands, open field and orchards. 4315. Applicability. Open Space Communities shall be allowed within the Residential Zoning District subject to the requirements of this Bylaw for that District and in accordance with the additional requirements specified herein and in the Subdivision Rules and Regulations. 4320. General Requirements. 1. Any parcel of land located within the residential zone containing ten (10) or more acres shall be considered for open community development. 2A. For major residential development, that is, the potential creation of more than six (6) residential house lots on a property or set of contiguous properties in common ownership, an open space community development is allowed only by Special Permit issued by the Planning Board. 2B. For minor residential development, or a parcel of at least five (5) acres but less than ten (10) acres in size, at the owners option, an application can be made for an Open Space Community Special Permit in preference to filing a conventional development plan. 4330. Minimum Requirements. 1. Size. The total area of the tract or parcel proposed for the Open Space Community shall be at least ten (10) acres, and have a minimum of fifty (50) feet of frontage on an existing Town way. 2. Density. The total number of lots shall not exceed the number of lots which could reasonably be expected to be developed under a conventional plan in full conformance with zoning, subdivision regulations, and health co Does the zoning bylaw/ordinance include any mandates or incentives for development of affordable units? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, ""The minimum of 20% of the units that are to be designated affordable must comply with the requirements of the Massachusetts Department of Housing and Community Development or a successor agency"" is a phrase from the by-law, but the excerpt does not contain the situation(s) in which a development may have to designate 20% of units as affordable. Because the 20% of units must be designated as affordable, that leads to the conclusion that the requirement is part of a mandate or incentive for affordable housing, even if we don't know which. Therefore, the answer is ""Yes.""" "[INST] Context: ZONING BY-LAW tion. 7. The Board of Health has issued a favorable recommendation as to the suitability of the subsurface disposal system for the proposed Accessory Apartment. Such recommendation may include conditions which, in the opinion of the Board of Health, are necessary to ensure standards in keeping with public heath interests. 8. Sufficient and appropriate space exists on the lot for at least one additional off-street parking space to serve the Accessory Apartment in addition to the off-street parking spaces required to serve the Single Family Dwelling. Said additional parking space, whether already existing or to be constructed, shall have a gravel or paved surface, and shall be accessed from the driveway serving the Single Family Dwelling to be altered or the Accessory Building to be converted. 9. The owner or owners of the property shall live either in the Single Family Dwelling or in the Accessory Apartment. In granting a Special Permit for an Accessory Apartment, the Special Permit Granting Authority may impose reasonable conditions, including a requirement that the applicant post security in the form of a bond or cash deposit for the performance of representations and agreements made by the applicant in connection with the special permit application. A Special Permit for an Accessory Apartment shall provide that the Special Permit shall lapse upon transfer of title to the subject property unless the transferee applies for a renewal of the Special Permit within six months of the date of transfer and the renewal is subsequently granted. H. FLEXIBLE DEVELOPMENT REQUIREMENTS AND PROCEDURES 1. Applicability An owner or owners of land in a Single Family Residence District may apply to the Planning Board for a Special Permit for Flexible Development under this Section VI.H. This will exempt such land from the lot area, frontage, setback and other applicable dimensional requirements set forth in the Table of Conventional Dimensional Requirements of this Zoning By-Law in order to fulfill the purposes of Flexible Development. The Planning Board shall be the Special Permit Granting Auth ovided that such project obtains any required Special Permit by May 6, 1992. G. ACCESSORY APARTMENT The Special Permit Granting Authority may authorize, in any Residential District, the alteration of a Single Family Dwelling to include an Accessory Apartment, or the conversion of a detached Accessory Building such as a garage, barn or gate house to an Accessory Apartment, provided that the following criteria have been met: 1. The Single Family Dwelling to be altered or the Accessory Building to be converted, is on a lot which conforms to the lot area requirements for the residential district in which it is located. 2. Construction of the Single Family Dwelling to be altered, or the Accessory Building to be converted, was completed, including any additions or enlargements thereto, at least ten years prior to the date of the special permit application. 3. The Single Family Dwelling to be altered contains at least 3,000 square feet of habitable area, not including unfinished attic or basement area. 4. The proposed Accessory Apartment will have at least 600 square feet of gross floor area but, if to be located within a Single Family Dwelling, will not also have a gross floor area exceeding 25% of the habitable area of the Single Family Dwelling (excluding unfinished attic and basement area). 5. The Accessory Apartment will contain separate cooking facilities and one or more bathrooms, but not more than two bedrooms. 6. The alteration or conversion for Accessory Apartment purposes will not result in any increase in building coverage, other than a fire exit, fire escape or other safety feature required by the State Building Code. In any event, the alteration or conversion will not result in substantial changes to the exterior of the building which would be inconsistent with the exterior appearance of the building immediately prior to date of the special permit application. 7. The Board of Health has issued a favorable recommendation as to the suitability of the subsurface disposal system for the proposed Accessory Apartment. Such recommendation may include conditions e adequate, but not excessive, provisions for parking. There shall be provided at least two parking spaces per dwelling unit (counting garage space) plus additional parking for recreational amenities and provisions of guest spaces. All parking lots must be landscaped to the satisfaction of the Planning Board. (ii) The frontage and setback requirements in the underlying Zoning District(s) where the tract is located shall be the minimum for an AARD. (iii) An AARD shall provide at least 45% undisturbed, restored and created open space. Undisturbed open space shall be preferred, especially along the perimeter of the tract. Open space is defined as land not covered by buildings, above ground structures and paving or any other type of impervious surface. (iv) The maximum AARD floor area ratio (Residential Gross Floor Area, ""RGFA"" of all buildings minus total gross floor area of affordable units) divided by the total buildable area of the tract (minus the Exclusions) of an AARD shall not exceed 11 %, however, there may be, at the Planning Board's discretion, provision for the addition of bonus gross floor area, up to a maximum floor area of 5%, upon the provision of additional open space, other public benefits and/or additional affordable housing (whether low or moderate income as defined in760 CMR 45.02), as the Planning Board may determine. (v) The maximum number of dwelling units per acre shall be 1.5, excluding affordable units. In making such computation, the Exclusions shall be deducted from the total land area. (vi) Buildings in an AARD shall be arranged efficiently and clustered in order to maximize provision of open space on a site. There shall be no more than four dwelling units in a single building. (vii) Prior to Town Meeting approval of a Concept Plan, the applicant shall execute a Development Agreement with the Board of Selectmen, after review and approval by the Planning Board. Such Development Agreement shall memorialize any additional obligations which the applicant has agreed to undertake in addition to those obligations which are expressly required by the Concept Plan or the Zoning By-law all conform to the following requirements as to square footage, frontage, set-backs, square feet of land per unit, number of units per building, buffers, number of bedrooms per unit, and area of living space. 2. Table of Dimensional Requirements. ,District, ,A,B Minimum lot area in square feet,""240,000"",""600,000"" Minimum street frontage on existing public way,200 ft.,100 ft. Minimum setback from street side line of existing public way,100 ft.,65 ft. Minimum setback from street centerline of existing public way,125 ft.,N/A Minimum setback from lot line,100 ft. (a),65 ft. Square feet of land per unit (b),""30,000"",""10,000"" Number of units per building,2 to 8,4 to 8 ""Buffer maintained in natural state, or landscaped, around perimeter of lot."",50 ft,25 ft. Minimum garage distance from lot line,65 ft..,45 ft Minimum setback from side line of road located within the lot,20 ft.,20 ft. Minimum setback from center line of road located within the lot,45 ft..,45 ft Maximum average number of bedrooms per unit,2,N/A Minimum floor area of living space in square feet,750,750 Notes (a) In cases where a lot line is adjacent to permanent conservation land, a railroad, or certain other types of municipal open land which in themselves serve as buffers, the minimum setback from lot line may be 65 feet. (b) The number of square feet of land per unit shall consist entirely of land outside the Wetlands and Flood Plain Protection District. ***** 3. The aggregate of all dwelling structures in Multiple Dwelling Districts shall not cover more than 20% of the lot upon which they are built. The aggregate of all structures and off-street parking areas, whether or not covered, in Multiple Dwelling Districts shall not cover more than 30% of the lot upon which they are built or located. 4. No garage structure shall measure more than 100 feet in length and no other building shall measure more than 250 feet in length. No garage structure shall exceed a height from the ground of one story. All buildings shall be separated from other buildings by a distance of at least 25 feet, and a garage shall Does the zoning bylaw/ordinance include any mandates or incentives for development of affordable units? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, The maximum AARD floor area ratio (Residential Gross Floor Area, ""RGFA"" of all buildings minus total gross floor area of affordable units) divided by the total buildable area of the tract (minus the Exclusions) of an AARD shall not exceed 11 %, however, there may be, at the Planning Board's discretion, provision for the addition of bonus gross floor area, up to a maximum floor area of 5%, upon the provision of additional open space, other public benefits and/or additional affordable housing (whether low or moderate income as defined in760 CMR 45.02), as the Planning Board may determine. This is an incentive to build affordable housing, so the answer is ""Yes.""" "[INST] Context: imited parking needs, recreational ancillary use, and landscaped to provide for pedestrian/ handicapped and emergency vehicle access. 7.4.5 Parking Requirements. The following off-street parking requirements shall be in force: 1. Congregate Living Residences, and, as applicable, Independent Living Residences; a. one-half (0.5) off-street resident/visitor parking spaces for each bed or bedroom unit, minimum. b. off-street loading area - one (1) space for each thirty thousand (30,000) square feet of gross floor area, or a fraction thereof. No off-street parking area shall be considered as an off-street loading area. c. off-street employee (staff) parking space needs shall be determined by the total proposed employee count divided by the number of work shifts/periods plus eight (8) spaces. The resulting number shall be increased by the number of facility vehicles required to serve the facility and resident needs. Such total parking space needs shall be segregated from residential and visitor parking and so designated by signs. d. Development incentive - Notwithstanding the provision stated at subsection c., above, as an alternative thereto, an applicant for a development incentive to allow building height to exceed thirty (30) feet maximum shall include provisions to provide ground level and/or underground level parking facilities contained within each building foundation. Total building height may exceed allowable maximum of the equivalent that such contained parking is provided [number of stories, not exceeding two [2]). The total effect shall result in additional open space yard areas abutting each such building; utilized to support additional resident recreational ancillary use. The floor area of any underground parking facility need not be included to determine compliance with floor area ratio requirements. 2. Independent Living Residences. a. two (2) resident off-street parking spaces for each residential unit. b. one-quarter (0.25) visitor off-street parking space for each een executed assuring the open space or recreational use of lands so designated in the application. 7. The cluster development shall be so designed that internal access, drainage, utilities and grading shall be functionally equivalent to that required for conventional lots in the Planning Board's adopted Subdivision Regulations or other rules and regulations, if applicable. 7.3.7 Development Incentive for Affordable Housing. 1. An applicant may apply to increase the number of dwelling units up to a maximum of twenty-five percent (25%) of the units otherwise permitted on the tract under this section, provided that a minimum of ten percent (10%) of all units in the tract are affordable. In all cases affordable units shall be mingled with market-rate housing units. 2. The applicant for the development incentive shall document the affordable units' sales prices and how that affordability will be guaranteed over time. For the purposes of this section, the affordability criteria and standards for affordability guarantees of the Ashland Affordable Housing Committee shall be used. In the absence of such criteria, the criteria and standards of the Massachusetts Home Ownership Program shall be used. In cases involving the sale of units to the Ashland Housing Authority, the Commonwealth of Massachusetts Executive Office of Communities and Development's standards and regulations governing such sales shall apply. 3. The Planning Board shall have the discretion to allow the use of attached dwelling units in a project developed under this section. No more than two (2) dwelling units per structure shall be allowed. Attached dwelling units shall be allowed upon meeting the following conditions: a. Attached units shall not visually detract from the surrounding neighborhood. b. Attached units will not result in an inappropriate density for the site. c. Attached units will result in a greater amount and more beneficial use of open space. 4. The Planning Board may require as a condition of this sectio n to the entire proposed development, including any off-site improvement proposed by the applicant or required by the Planning Board as a condition of its approval. The conditions which may be attached to the Approval of a subdivision application include the following: (a) Controls on the location and type of access to the site. (b) Requirements for off-site improvements to improve the capacity and safety of roads and intersections which are likely to be directly affected by the proposed development. (c) A payment of a fee into a separate interest-bearing trust fund for transportation network improvements which are directly related to alleviating impacts of the proposed development. These fees shall be equal to the prorated costs of offsetting the impacts of the development as determined by the Planning Board, proportionate to the entire costs of such improvements. The Planning Board may waive the requirements of off-site traffic mitigation measures for developments which include low/moderate-income housing. E. Plans submitted shall be compatible with the Ashland Comprehensive Plan and other Specific Area Plans adopted by the Planning Board and/or the Town of Ashland. (Approved on April 26, 2001) F. Public Hearing. (1) Before approval, modification and approval or disapproval of the Definite Plan is given, a Public Hearing shall beheld by the Planning Board, notice of the time and place of which and of the subject matter, sufficient identification, shall be given by the Planning Board by advertisement at the expense of the applicant in a newspaper of general circulation in the Town of Ashland, once in each of two (2) successive weeks, the first publication being no fewer than fourteen (14) days before the day of such hearing and by mailing a coy of such advertisement to the applicant and to all abutters by certified mail, return receipt requested. Secondary abutters shall receive notice by regular mail. (2) The Planning Board shall provide the applicant with the notice to be published. It is the appl floor area ratio requirements. 2. Independent Living Residences. a. two (2) resident off-street parking spaces for each residential unit. b. one-quarter (0.25) visitor off-street parking space for each residential unit. 3. On-site ancillary use/service facilities (remote from other resident uses). a. Retail/Office - one (1) off-street parking space per one hundred-eighty (180) square feet of leasable floor space. b. Restaurant-type/snack bar (food service) - one (1) off street parking space per four (4) seats. 4. Reduction of parking space requirements may be authorized by the Planning Board based upon presentation of substantiated statistical data. 7.4.6 Ancillary Uses. Elderly assisted living residence providers may furnish ancillary uses within a residential building or congregated in a separate structure, or both as approved by the Planning Board. Any commercial sales/service enterprises, as may be desirable for the convenience of those served, may include, but are not limited to barbers/hairdressers, retail sales, restaurants, snack bars, gift shops, laundry services, banking, financial services, businesses and professional offices and non-resident elderly day care, subject to the following conditions: 1. Ancillary uses shall be made available for use and convenience of the residents, guests and staff of an elderly assisted living unit residence or combination of residences. Any use provided for off-site patrons shall maintain traffic patterns and sufficient off-street parking, segregated from areas and access which are provided for resident, visitor and staff use; and shall not impact the functioning of the principal use, as determined by the Planning Board. 2. Ancillary uses shall not exceed twenty (20%) percent of the gross floor area allocated for residential use unless approved by the Planning Board. 3. Capacity of any restaurant/snack bar shall not exceed sixty (60) seats unless approved by the Planning Board. 4. Ancillary uses located within a residential related to advance battery systems. [Added 5-5-2010 ATM, Art. 22] AMBULATORY Capable of walking independently or of personal mobility aided by mechanical means or staff (aide) assistance; not bedridden. ANIMAL KENNEL OR HOSPITAL Premises for raising, harboring or care of domestic animals for a fee. APPLICANT The legal or beneficial owner or owners of any land proposed within the Mixed Use Special District. AQUIFER Geologic formation composed of rock, sand, or gravel that contains significant amounts of potentially recoverable water. ASSISTANCE WITH ACTIVITIES OF DAILY LIVING Physical support, aid or assistance with bathing/bathroom use, dressing, grooming, ambulation, eating, self-administered medication management, or other similar tasks. ASSISTED LIVING FACILITY Facility licensed pursuant to G.L. c. 19D. BASEMENT That portion of a building which is partly or completely below grade. BED-AND-BREAKFAST INN A house or portion thereof where short-term lodging rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises. BEDROOM Any habitable room in a dwelling, other than a living room, dining room, kitchen, utility room or bathroom, if such room exceeds seventy (70) square feet. Any dwelling unit in which no such room exists shall be construed to contain one (1) ""bedroom."" BOARDINGHOUSE A building used for lodging between five (5) and fifteen (15) individuals, with or without meals, for compensation, with the owner resident on the premises. BUFFERING/SCREENING Methods intended to separate and partially obstruct the view of two (2) adjacent land uses or properties from one another. Such techniques may include planting of greenery (including trees), fencing, walls, hedges, or other features. BUILDING Any structure or parts thereof, enclosed within exterior walls or firewalls, built, erected and framed of a combination of any materials, whether portable or fixed having a roof or similar covering, whether or not permanent in nature, to form a structur What year was the inclusionary/incentive provision adopted? Instructions: Answer the question using the context with an integer and explain your answer [/INST] I don’t know. , The answer as to when the inclusionary/incentive provision is unknown. The text references a 2001 date, but that does not pertain to the inclusionary/incentive provision." "[INST] Context: ilding, be occupied or counted as an open space for another building. 5.7 Division of Developed Lots Any lot on which more than one house existed at the time of the adoption of this by-law may be divided and sold to separate owners and used with a minimum nonconformance. For each foot that such lot is less than seventy-five (75) feet wide, one (1) foot may be deducted from the sum of the width of the required two (2) side yards, provided that the buildable width need not be reduced to less than thirty (30) feet and further provided that no side yard shall be less than six (6) feet. 5.8 Location of Accessory Structures a. The yard provisions for principal structures shall apply to accessory structures, both detached or attached to the principal structure, when used for human occupancy. b. A detached accessory structure of one (1) story shall not be closer to the principal structure than ten (10) feet. A detached accessory structure of two (2) stories or more shall not be closer to the principal structure than fifteen (15) feet. c. Accessory structure or structures shall not occupy more than twenty-five percent (25%) of the required rear or side yard areas. d. Accessory Buildings shall be no nearer than five (5) feet to any side or rear lot line. 5.9 Floor Area All dwelling units except single family houses shall provide a minimum habitable floor area as follows: a. Seven hundred and fifty (750) square feet for a dwelling unit on one (1) floor. b. Five hundred (500) square feet on the first floor of a dwelling unit of one and one-half (1 1/2) floors. c. Four hundred (400) square feet on the first floor of a dwelling unit on two (2) floors. 5.10 Corner Clearance Between the property lines of intersecting streets and a line joining points on such lines twenty (20) feet distant from their point of intersection (or in the case of a rounded corner, the point of intersection of their tangents) no structure may be erected and no vegetation other than shade trees may be maintained between two (2) and eight (8) feet above the plane through their curb grades. 5.11 Gasoline Filling and/or Service Station ply within the Health Care Service District. In the Health Care Services District, minimum lot frontage and yard requirements are to apply to the perimeter of Health Care Services District unless the fee owner elects to divide or subdivide land pursuant to the Subdivision Control Law, M.G.L. c.41 ss81K et. seq. Following any such division or subdivision, such minimum lot frontage and yard requirements shall apply to all property lines created thereby. In the Health Care Services District, the minimum lot area, maximum building coverage percentage, maximum floor area ratio and minimum open space percentage are to apply to the entire District only in the aggregate, regardless of whether or not any such division or subdivision occurs from time to time. 5.4 Corner Lots On corner lots, the yard fronting on each street shall meet the front yard requirements of that street. Provided that the lot has frontage on a way shown on a plan previously approved under the subdivision control law or on a way which existed when the subdivision control law became effective and which in the opinion of the Planning Board has sufficient width, suitable grades and adequate construction to provide for vehicular traffic and for the installation of municipal services. 5.5 Cornices and Eaves Nothing herein shall prevent the projection of cornices or eaves not exceeding eighteen (18) inches in width, or of uncovered steps, unroofed porches, or window sills into a required yard or other open space. 5.6 Maintenance of Minimum Required Dimensions Lots on which buildings are located in any district shall not be reduced or changed in size or shape so the building or lot fail to comply with the lot area, frontage, setback or yard provisions of this bylaw. This provision shall not apply, however, when a portion of a lot is taken or conveyed for a public purpose. Yards, courts, or other open space required for a building by this by-law shall not, during the life of such building, be occupied or counted as an open space for another building. 5.7 Division of Developed Lots Any lot on which more than one house existed at the time of the adoption of this by-law may be divided and 7.2 Additional Requirements for Multifamily Dwellings Approved by Attorney General December 10, 1999 7.2.1 Siting and Layout Requirements a. The development shall be integrated into the existing terrain and surrounding landscape, and shall be designed to protect abutting properties and community amenities. Building sites shall to the extent feasible: (1) minimize use of wetlands, steep slopes, floodplains, hilltops; (2) minimize obstruction of scenic views from publicly accessible locations; (3) preserve unique natural or historical features; (4) minimize tree, vegetation and soil removal and grade changes; and (5) maximize open space retention and (6) screen objectionable features from neighboring properties and roadways. b. More than one structure may be placed on a lot, but no residential structures shall be placed closer to each other than 10 feet and must be visually separated by trees and plantings. In addition, each dwelling must be provided with access, drainage and utilities functionally equivalent to that provided under the Planning Board's Subdivision Rules and Regulations. 7.2.2 Design Requirements a. Buildings shall be in harmony with the prevailing character and scale of buildings in the neighborhood and the town through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. Variation in detail, form and siting shall be used to provide visual interest and avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate light, air, circulation and separation between buildings. 7.2.3 Vehicular and Pedestrian Access Requirements a. The Plan shall maximize the safety and convenience of pedestrian and vehicular movement within the site and in relation to adj requirement**,No requirement**,No requirement** Max. Building Coverage (entire parcel),20% in all districts.,, Max. Impervious Surface (entire parcel),25% in all districts,, Minimum Buffer Areas around parcel perimeter,See Section 7.1.6.2 b.,below., *May be established by the Planning Board within its discretionary special permit authority for a cluster development. ** ""No Requirement"" shall mean that any setback dimension may be set by the Board within its discretionary special permit authority for a cluster development. 7.1.5 Affordable Dwelling Units a. Applicants are encouraged to provide dwelling units that are deemed to be affordable or below market sales price or rental levels for the region. Units may be of the ownership type or, if managed by a duly authorized non- profit or governmental entity, rental type. b. The applicant shall establish such restrictions, conditions and/or limitations as are necessary to ensure that any designated affordable housing units provided in the development will remain affordable housing on a long term basis, whether said units are of the ownership or rental type. By means of special conditions attached to the issuance of the Special Permit where affordable units are proposed in a cluster, the Board shall establish a requirement that the units remain affordable for a minimum of twenty years or other period set by the Board. Affordability levels shall be indexed over time to rents and sales prices based upon annual household income definitions provided by the HUD Regional Economist, Boston regional office A maximum of thirty (30) percent of the units in a cluster may be designated as affordable units. Affordable housing units shall be geographically dispersed throughout the development, to the degree feasible, in developments with ten (10) or more units. 7.1.6 Cluster Development Design Guidelines 7.1.6.1 Vehicular and Pedestrian Access and Circulation a. The principal access drives serving the cluster development site shall be known as Interior Roadways. They shall not be required to meet municipal design standard ribed in Section D of this By-law. DWELLING UNIT shall man any portion of a building occupied or suitable for occupancy as a residence and arranged for the use of one or more individuals living as a single housekeeping unit with its own cooking, living, sanitary and sleeping facilities. 11.5.3 Procedures Any building permits issued shall be issued in accordance with the following procedures. a. The building Inspector shall act on each permit in order of submittal. Any permit application that is incomplete or inaccurate shall be returned to the applicant within Three (3) business days and shall require new submittal. b. The Building Inspector shall accept applications and issue permits One (1) year at a time. c. The Building Inspector shall mark each application with the time and date of submittal. d. Any issued permit shall conform to the time limits set by the appropriate existing Section. e. Any building permits not issued in any calendar year (1st January 31st December) shall NOT be available for issuance in any subsequent year. f. At the end of each calendar year that this By-law is in effect, the Building Inspector shall retain all applications for which a building permit has NOT been issued. Upon being informed, in writing, by the applicant before the 10th. January of the succeeding year that the applicant desires the application to remain in effect, the Building Inspector shall treat said application in accordance with Section b. above. 11.5.4 Exemptions The provisions of this Section shall NOT apply to, nor limit in any way, the granting of building permits or occupancy permits required for enlargements, including so called ""Mother in Law apartments"", restoration, or reconstruction of existing dwellings existing on lots as of the date of passage of this By-law. a. Dwelling units for low or moderate income families or individuals, where all of the following conditions are met: b. Dwelling units for Senior residents, where the occupancy of the units is restricted to Senior persons through a properly executed and recorded deed restriction running with th What year was the inclusionary/incentive provision adopted? Instructions: Answer the question using the context with an integer and explain your answer [/INST] I don’t know. , There are dates in the provided excerpt, but none answer the question of when the inclusionary/incentive provision was adopted. " "[INST] Context: ed this new Section on Curbs and Berms 6. June 21, 1988 Section III-8-C. - Performance Guarantee - Restrictive Covenants Established this new section on Restrictive Covenants 7. August 2, 1988 Section III-8-C. - Performance Guarantee Section VI.C.1. - Administration - Building Permits Changes and Deletions in the May 20 and October, 1986 Amendments 8. January 15, 1991 Section II.A. - Definitions Added or amended, the following definitions: Adequate Access Approval Not Required Plans Certified By Frontage Street, Minor Street, Principal Street, Secondary Subdivision Submitted Plan Section II.B - Approved Plan Required Language amended. Section II.E. - Fee Fees changed. Section III.A. - Procedure for the Submission and Approval of Plan Believed Not to Require Approval Requirements for submission. added. Section III. B. - Preliminary Plan Language amended. Section III.C.1,2,& 4 - Definitive Plan Requirements for submission added, language amended, review by Salem/Beverly Water Supply required. Section III.C.7 - Definitive Plan - Certificate of Approval Refer to Appendix U for statutory review periods. Section III.C.8. - Definitive Plan - Performance Guarantee Retitle subsection C. ""Restrictive Covenants"" as ""Developer's Disclosure Agreement."" Section III.C.10. - Definitive Plan - Release of Performance Guarantee - Utility trenches must survive one winter in a satisfactory condition before being approved by the Public Works Commissioner. - As-Built Plans must be submitted along with Acceptance Plans before final release of bond. - Requirements for As-Built Plans added. Section IV.A.1. - Design Standards - Streets Roadway easement and/or utility extension may be required at the end of a turnaround to adjacent property. Section IV.A.2. - Design Standards - Alignment of Streets The minimum centerline radii of curved streets shall be changed from (150') to (300), language amended. Section IV.A.3. - Design Standards - Width of Streets Language added which specifies that minimum pavement width shall be 32' except for streets in Minor Subdivisions. Section IV.A.4. - Design Standards - Grade of Streets maximum grades are changed from (9%) to (6%) fo veloper, provided that the credit units are used within ten (10) years from the effective date of the Special Permit. H. Dimensional and Density Regulations for On-Site Units 1. The following dimensional and density regulations shall apply to any development that provides all of the required affordable units as on-site units; provided, however, that for purposes of determining a development's base maximum density and required percentage of affordable units under Subsection E above, the Building and Area Requirements set forth in Section 29-7(D) through Section 29-16(D) shall apply. a. In the R-90, R-45, R-22, R-15 or R-10 district, for each on-site affordable unit, the applicant may propose one additional dwelling unit over that which would otherwise be permitted in the district. The minimum lot area for any lot in the development shall be not less than 85% of the minimum lot area in Section 29-7(D) through Section 29-11(D), as applicable. b. In the R-6 district, for each on-site affordable unit, the applicant may propose one additional dwelling unit over that which would otherwise be permitted, except that if the development includes two-family or semi-detached units and the required percentage of affordable units results in an odd number, the applicant may propose an additional unit in order to build an even number of units. The minimum lot area shall be not less than 85% of the minimum lot area for a detached one-family dwelling, nor less than 80% of the minimum lot area for a two-family or semi-detached dwelling, as set forth in Section 29-12(D). c. In the RMD, RHD and RSD districts, for each on-site affordable unit, the applicant may propose two additional dwelling units over the number of units that would otherwise be permitted in the district. The minimum lot area shall be not less than 85% of the minimum lot area for a detached one-family dwelling, nor less than 80% of the minimum lot area per unit for a two-family or semidetached dwelling, nor less than 70% of the minimum lot area per unit for a multi-family unit, as set forth in S 29-34 INCLUSION OF AFFORDABLE HOUSING (Ord. No. 103, 7-17-07) A. Purposes and Intent 1. To provide affordable housing choices throughout the City, in furtherance of the housing goals of the City of Beverly Master Plan and the City of Beverly Affordable Housing Plan. 2. To provide for a diverse, balanced and inclusive community, with housing for persons of all income levels as a matter of basic fairness and social responsibility. 3. To assure that affordable housing is made available on an equal basis to all eligible households without regard to race, religion, age, sex or other class status as defined in the federal Fair Housing Act of 1968, as amended. 4. To encourage the inclusion of affordable housing in all new residential and mixed-use developments. B. Applicability 1.This Section applies to any development that results in or contains ten (10) or more residential dwelling units. The types of development subject to the provisions of this Section include, without limitation, the following: a. A division of land resulting in the creation of ten or more residential lots. Developments shall not be segmented to avoid compliance with this Section. ""Segmentation"" shall mean divisions of land that would cumulatively result in an increase of ten (10) or more residential lots above the number existing on a parcel of land or contiguous parcels in common ownership or control twenty-four months prior to the application. Where such segmentation occurs, it shall be subject to Section 29-34.1. A subdivision or division of land shall mean any subdivision as defined in the Subdivision Control Law, Chapter 41, Sections 81K-81GG of the Massachusetts General Laws, or any division of land under Chapter 41, Section 81P of the Massachusetts General Laws, when such division of land results in lots for residential use. b. New residential construction or new mixed-use construction that includes ten (10) or more dwelling units. c. A development of 10 (10) or more new dwelling units that involves the redevelopment, reconstruction or rehabilitat e added which specifies that minimum pavement width shall be 32' except for streets in Minor Subdivisions. Section IV.A.4. - Design Standards - Grade of Streets maximum grades are changed from (9%) to (6%) for secondary streets, and from (6%) to (3%) for principal streets. Language-amended. Section IV.A.5. - Design Standards - Dead-end Streets Language amended, maximum grade within cul-de-sacs limited to (2%) . Section IV.A.6. - Design Standards - Minor Subdivisions Rename ""Minor Streets"" as ""Minor Subdivisions,"" language amended. Section IV.G.1. - Design Standards - Fire Hydrants Location of new hydrants specified. Section IV.H - Design Standards - Sidewalks, Grass Plots, Trees Guard rail requirement next to dangerous conditions Section V.A. - Required Improvements for an Approved Subdivision Certification from Registered Land Surveyor or Registered Professional Engineer required for Acceptance and As-Built plans. Section V.B. - Required Improvements for an Approved Subdivision - Street and Roadway Unpaved roadways must be leveled prior to a winter season. New slope requirements for embankments. Section V.C. Required Improvements for an Approved Subdivision - Utilities Requirements for fill amended. Language concerning hydrants amended. Fire flow minimum established. Section VD. - Required Improvements for an Approved Subdivision - Sidewalks Contribution required for waived sidewalks. Section V. - Required Improvements for an Approved Subdivision Board of Health site assignment required for the disposal, of soil/solid fill. Section VI. - Administration Filing requirements added. ""Modification(s) to Approved Plan"" section added. Appendices Appendices A,B,C,L,M,S,T,U,V,W all amended to reflect changes in text of Subdivision Rules and Regulations. 9; January 23, 2003. Section III.C. - Definitive Plan - Reference to Paragraph 3. (Adequacy of Ways Providing Access to Subdivisions) added Section III.C.3 - Adequacy of Ways Providing Access to Subdivisions 10. December 16, 2003 Section II. E_. - Fee Fees updated 11. December 20, 2005 Section II.E. - Fee Language amended. Section III.A.l. - Submission of Plan Language amended regarding filing fee. Se SECTION IX - PERFORMANCE GUARANTEES A. Security The Commission may require the applicant to furnish a performance guarantee in the form of a deposit of money in an amount determined by the Commission to be sufficient to cover the cost of all or any part of the site alterations specified in the Permit and/or shown on the plans approved by the Commission. This security shall be deposited in the name of the City of Beverly. The standard agreement is included on the ""Performance Guarantee Form"" which can be obtained from the Conservation Office. Security amounts will be set so that funds will be adequate to comply with the Order of Conditions, repair damage to wetlands and to permanently stabilize the work site and all soils. Security shall be determined on a site-by-site basis using these general guidelines: Project,Range of Security Single Family Home,""$3,000 to $10,000/dwelling"" Commercial/Industrial Facility,""$10,000 to $15 000/building"" Subdivision Roadway,$10 000 or more Wetland Replacement,$3 / square foot B. Covenant The Commission may require the applicant to secure the performance and observance of conditions imposed on the project, by a conservation restriction, easement or other covenant enforceable in a court of law, executed and duly recorded by the owner of record, running with the land to the benefit of the City whereby the permit conditions shall be performed and observed before any lot may be conveyed other than by mortgage deed. C. Reduction of Security The penal sum of any required performance guarantee, or the amount of any deposit held hereunder may, from time to time, be reduced by the Commission and the obligations of their parties thereto What year was the inclusionary/incentive provision adopted? Instructions: Answer the question using the context with an integer and explain your answer [/INST] 2007, The section on INCLUSION OF AFFORDABLE HOUSING was enacted in 2007." "[INST] Context: a condition of the grant of any special permit for a Project in the MCROD, a minimum of twenty five percent (25%) of the total number of dwelling units shall be restricted ""in perpetuity"" and shall contain some form of subsidy. Dwelling units meeting these requirements would be eligible for inclusion on the Chapter 40B Subsidized Housing Inventory maintained by the Massachusetts Department of Housing and Community Development (DHCD) and would move the Town closer to attaining its 10% affordable housing goal as outlined in its Affordable Housing Planned Production Plan. The specific requirements of this section are as follows: 1. Twenty-five (25%) percent of the units shall be affordable to persons or families qualifying as low or moderate-income residents, whose income is at or below 80% of the median income, adjusted for size, for the metropolitan area, as determined by the U.S. Department of Housing and Urban Development (HUD). 2. An ""in perpetuity"" affordability restriction shall be established through a regulatory agreement, or Deed Rider, in a form that is acceptable to legal counsel to the Planning Board and DHCD. This regulatory agreement shall be legally enforceable and recorded at the Registry of Deeds. Failure to record the regulatory agreement shall be deemed a violation of the bylaw and subject to enforcement. A right of first refusal upon the transfer of such restricted units shall be granted to the Billerica Housing Authority for a period not less than 120 days after notice thereof. 3. Affordable units shall be integrated into the overall development of the MCROD so as to prevent segregation of such units. 4. The Applicant shall be encouraged to seek designation of the affordable units referenced in paragraph 5.F.7 (13)1 as affordable units, which qualify as part of the aforementioned Chapter 40B Subsidized Housing Inventory maintained by DHCD. The Planning Board shall require that the Applicant affirmatively take steps to utilize a public agency, non-profit agency, limited dividend organization or other appropriate entity to secure public subsidy in order G. PERFORMANCE GUARANTEE Before endorsement of approval the Board will require provision for the completion of construction of ways and the installation of municipal services in accordance with the rules and regulations of the Board. The construction of ways and installation of municipal services within the period required by the Board shall be secured by one, or in part by one and in part by the other, of the methods described in Section G. 1,2,3,4 below. Methods may be varied from time to time by the applicant. 1. By a proper bond, sufficient in the opinion of the Planning Board to secure performance of the construction of ways and the installation of municipal services required for lots in the subdivision shown on the plan, and the Planning Board may require that the applicant specify the time within which such construction shall be completed. 2. By a deposit of money or negotiable securities, sufficient in the opinion of the Planning Board, secure performance of the construction of ways and the installation of municipal services required for lots in the subdivision shown on the plan, and the Planning Board may require that the applicant specify the time within which such construction shall be completed. 3. By a covenant executed and duly recorded by the owner of record, running with the land, whereby such ways and services shall be provided to serve any lot before such lot may be built upon conveyed, other than by mortgage deed; provided, that a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding owner of such premises or part thereof may sell any such lot, subject to that portion of the covenant which provides that no lot shall be built upon until such ways and services have been provided to serve such lot; and, provided, further, that nothing herein shall be deemed to prohibit a conveyance by a single deed, subject to such covenant of either entire parcel of land shown on the subdivision plan or of all lots not previously released by the Planning Board. A deed of any part of the subdivision on violation hereof shall be voidable by the grantee prior to the release of the covenant but n ent and for which the town obtains credit with the Commonwealth as affordable housing as required under M.G.L., ch. 40B, §§ 20-23 inclusive (""The Comprehensive Permit Law""). AFFORDABLE HOUSING UNIT PURCHASER OR TENANT : An individual or family with household incomes that do not exceed 80% of the median income, with adjustments for household size, as reported by the United States Department of Housing and Urban Development (HUD) and consistent with M.G.L., ch. 40B, §§ 20-23 inclusive (""The Comprehensive Permit Law""). ALCOHOL AND DRUG REHABILITATION HOSPITAL : Any free-standing building or structure used to house patients for treatment of alcoholism, drug addiction, or both, that shall be staffed full time by doctor(s), nurse(s), and security personnel. ALTERATION : A change or modification of a building or structure, or the service equipment thereof, that affects safety or health and that is not classified as an ordinary repair under the Building Code. AREA, LOT : Square footage within a lot. ASSISTED LIVING RESIDENCE : A residential development subject to certification by the Executive Office of Elder Affairs under M.G.L., ch. 19D, as amended, and defined as an entity, however organized, whether conducted for profit or not for profit, which meets all of the following criteria: -Provides room and board; -Provides assistance with activities of daily living and personal care services for three or more non-related residents; and - Collects payments or third party reimbursements from or on behalf of residents to pay for the provision of assistance. AUTOMOBILE : A two-axle motor vehicle with a ten thousand pound gross vehicle weight maximum and a maximum one hundred thirty-five inch wheel base. AUTOMOBILE REPAIR : The repair of motor vehicles, including auto body work and paint spraying. AUTOMOBILE SERVICE : The sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances including any sale of motor vehicle accessories, and which may or may not include lubricating, washing, or otherwise servicing motor vehicles, but not including auto body work or paint hority (BHA) or other agency qualified by the Board of Selectmen shall perform the income verification of the qualified affordable housing unit purchaser or tenant. The BHA or other agency qualified by the Board of Selectmen shall be responsible for the long term monitoring of these dwellings. The dwellings built under this provision shall be adequate to accommodate a family of three or more. Interior features of affordable units shall comply in all respects to the minimum design and construction standards set forth in Massachusetts' Local Initiative Guidelines of the Division of Housing and Community Development, July 1996 or as amended. There shall be no further exception to the dimensional relief provided by this by-law. Failure to meet any provision shall result in the outright invalidation of these exceptions. Lots which require variances in addition to the relief outlined here shall not qualify under this provision. The BHA or other agency qualified by the Board of Selectmen shall administer purchaser or tenant selection. The town reserves the right to apply a local preference in the selection process. Unless described herein all other district restrictions shall apply to the applicable lot(s). The SPGA may condition the granting of this special permit to address any potential impacts on the surrounding neighborhood. (b) Assisted living residence Required Findings: The minimum lot size is five acres in the residential districts and three acres in the business and industrial districts The density is 12 units/acre Buildings are set back a minimum of 50 feet from all property lines and no building is closer than 200 feet to an existing residential dwelling The minimum lot frontage is 150 feet The maximum lot coverage is 25% There is one parking space for each employee on the maximum shift and one parking space for every three assisted living units Adequate site circulation is provided to and from the site, taking into consideration the adjacent sidewalks and streets and the accessibility of the site and buildings thereon for emergen ree hundred (300) square feet of floor area Retail store,One (1) space per two hundred fifty (250) square feet of floor area Restaurant,""One (1) space per 2 1/2 seats, including all outdoor sitting areas and deck areas used for seating, plus one (1) space per employee"" Supermarket,""One (1) space per one hundred (100) square feet of floor area for the first five thousand (5,000) square feet, plus one (1) space per two hundred (200) square feet of floor area above five thousand (5,000) square feet of floor area"" EDUCATIONAL College or higher education facility,One (1) space per each one and one-half seats Educational uses not specifically listed,""One (1) space per each four (4) seats in the auditorium or main assembly room or four (4) spaces per each classroom, whichever is greater"" ""Elementary school, middle school, kindergarten, nursery, or day care"",""One (1) space per each four (4) seats in the auditorium or main assembly room or two (2) spaces per each classroom, whichever is greater"" High school,""One (1) space per each four (4) seats in the auditorium or main assembly room or six (6) spaces per each classroom, whichever is greater"" GOVERNMENTAL All governmental uses,""One (1) space per three hundred (300) square feet of floor area, plus one (1) space per each three (3) employees"" INDUSTRIAL All industrial uses,""One (1) space per each two (2) employees of the maximum working shift, plus one (1) space per each six hundred (600) square feet of floor area"" PHILANTHROPIC Philanthropic uses not specifically listed,""Ten (10) spaces, plus one (1) additional space per each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet"" Clubs and lodges,One (1) space per each two hundred (200) square feet of floor area RECREATIONAL Recreational uses not specifically listed,""One (1) space per three (3) patrons, ba What year was the inclusionary/incentive provision adopted? Instructions: Answer the question using the context with an integer and explain your answer [/INST] I don’t know. , The provided excerpt does not discuss affordable housing incentives, nor does it say what year Billerica enacted incentives for inclusionary housing." "[INST] Context: 2.5.9 INCLUSIONARY HOUSING 2.5.9.1 Purpose and Intent The purpose of this Bylaw is to outline and implement a coherent set of policies and objectives for the development of affordable housing in compliance with the Bolton Affordable Housing Plan, MGL c. 40B sec. 20-23 and ongoing programs within the Town of Bolton to promote a reasonable percentage of housing that is affordable to moderate income buyers. It is intended that the Affordable Housing Units (AHU) that result from this Bylaw be considered as Local Initiative Program (LIP) dwelling units in compliance with the requirements for the same as specified by the Department of Community Affairs, Division of Housing and Community Development and that said units count toward the Town's requirements under MGL c. 40B, sec. 20-23. 2.5.9.2 Definitions 1. AFFORDABLE HOUSING UNIT (AHU) . A dwelling unit available at a cost of no more than 30% of gross household income of households at or below 80% of The Metropolitan Statistical Area (MAS) which includes the Town of Bolton (the Bolton MSA) median income as reported by the U.S. Department of Housing and Urban Development, including units listed under MGL 40B sections 20-24 and the Commonwealth's Local Initiative Program. 2. QUALIFIED AFFORDABLE HOUSING UNIT PURCHASER . An individual or family with household incomes that do not exceed 80% of the median income, with adjustments for household size, as reported by the most recent information from the United States Department of Housing and Urban Development (HUD) and/or the Massachusetts Department of Housing and Community Development (DHCD). 3. SPECIAL PERMIT GRANTING AUTHORITY (SPGA) . The SPGA shall either be the Planning Board (if the project is a regular Major Residential Subdivision, FOSPRD or regular development on a combination of ANR and/or Backland lots (and the affordable units considered as Local Initiative Program (LIP) dwelling units) or the Zoning Board of Appeals (ZBA) if the project is **Webmasters Note: There is a page missing from t .9.5(2)-(3) on an alternate site in the Town Of Bolton and approved by SPGA. All requirements of this Bylaw that apply to on-site provision of affordable units, shall apply to provision of off-site affordable units. In addition, the location of the off-site units to be provided shall be approved by the SPGA as an integral element of the special permit review and approval process. 2.5.9.10 Maximum Incomes and Selling Prices: Initial Sale To ensure that only eligible households purchase AHU's, the purchaser of an affordable unit shall be required to submit copies of the last three years' federal and state income tax returns and certify, in writing and prior to transfer of title, to the developer of the housing units or his/her agent, and within thirty (30) days following transfer of title, to the Bolton Housing Authority or to another authority as determined by the SPGA, that his/her or their family's annual income level does not exceed the maximum level as established by the Commonwealth's Division of Housing and Community Development, and as may be revised from time to time. The maximum price of the AHU'(s) created under this Bylaw is established by DHCD under the Local Initiative Program (LIP) guidelines in effect at the time the unit(s) is built. 2.5.9.11 Preservation of Affordability; Restrictions on Resale Each affordable unit created in accordance with this Bylaw shall have the following limitations governing its resale. The purpose of these limitations is to preserve the long-term affordability of the unit and to ensure its continued availability for affordable income households. The resale controls shall be established through a deed restriction, acceptable to DHCD, on the property, recorded at the Worcester County Registry of Deeds or the Land Court, and shall be in force for a period of ninety-nine (99) years. 1. AHU'(s) Resale Price: Sales beyond the initial sale to a qualified purchaser shall not exceed the maximum sales price as determined by the DHCD for affordability within the Town of Bolton at the t FORM B APPLICATION FOR APPROVAL OF A PRELIMINARY PLAN ___________________, 19 _____ To The Bolton Planning Board: I The undersigned, being the applicant as defined under Chapter 41, Section 81-L, for approval of a proposed subdivision shown on a plan entitled: _________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ By __________________________________ dated _____________, 19 _______ and described as follows: ___________________________________________ located _____________________________________________________________ lots proposed (#) _______________ total acreage of tract ___________, said applicant hereby submits said plan as a Preliminary subdivision plan in accordance with the Rules and Regulations of the Bolton Planning Board and makes application to the Board, for approval of said plan. The undersigned's title to said land is derived from _________________ ______________________________________________________________________ by deed dated ____________ and recorded in the Worcester County Registry of Deeds Book __________, Page _______, or registered in Land Court as Document No. _________ and noted on Certificate of Title No. ________, registered in Book __________, Page __________. Received by Bolton Town Applicant's Signature ___________________ Clerk: Date _____________________ Applicant's address _____________________ Time _____________________ _________________________________________ Signature ________________ _________________________________________ Applicant's phone # _____________________ Received by Board of Health: Owner's signature and address if not the applicant or applicant's Date _____________________ authorization if not the owner Time _____________________ _________________________________________ Signature ________________ _________________________________________ _________________________________________ CERTIFIED LIST OF ABUTTERS Attach a sketch of land described in this petition and write against boundary lines the names of adjoining owners in their relative positions. Also, indicate the address of each abutter on the sketch or in a separate list. ____________________ 19 _________ Bolton Planning Board P.O. Box 278 BOLTON, Massachusetts Dear Board Members: This is to certify that at the time of the last assessment for taxation made by the Town of BOLTON, the names and addresses of the parties assessed as adjoining owners to the parcel of land shown above were as above written, except as follows: ________________________________________ (Bolton Tax Assessor) nd lots (and the affordable units considered as Local Initiative Program (LIP) dwelling units) or the Zoning Board of Appeals (ZBA) if the project is **Webmasters Note: There is a page missing from the original document and will be inserted upon receipt. affordable units given a particular range of total lots in a subdivision or total units in a multiple unit development. This schedule is given for reference: Affordable Lots / Units Established Total Lots / Units 1 8 to 15 2 16 to 23 3 24 to 31 4 32 to 39 5 40 to 47 6 48 to 55 7 56 to 63 8 64 to 71 and so on... 3. The AHU(s) shall be constructed or rehabilitated on the locus subject to the special permit. 4. The AHU(s) constructed or rehabilitated on a locus different than the one subject to the special permit (see Section 2.5.9.9). 5. an equivalent fees-in-lieu of payment and/or donation of land in fee simple may be made (See Section 2.5.9.12, below). The applicant may offer, and the SPGA may accept, any combination of the Section 2.5.9.5.(3)(5) requirements provided that in no event shall the total number of units or land area provided be less than the equivalent number or value of affordable units required by this Bylaw. 2.5.9.6 Provisions Applicable to AHU's On- and Off-Site 1. Siting of AHU's - All affordable units created under this Bylaw shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units. 2. Minimum design and construction standards for affordable units - AHU's within market rate developments shall be integrated with the rest of the development, shall be externally undistinguishable from the market rate units and compatible construction and quality of materials with other units. 3. Timing of construction or provision of affordable units or lots. The SPGA will impose conditions on the special permit requiring constructi ion 81-W of G.L. Chapter 41 and/or to authorize enforcement of the bond. 4341. By a Proper Bond or By a Deposit of Money or Negotiable Securities, sufficient in the opinion of the Board to secure performance of the construction of ways and the installation of services (including drainage) required for lots in the subdivision shown on the definitive plan. Such bond or security, if filed or deposited, shall be approved as to form and manner of execution by the Town Counsel. (Refer to Appendix for form) As part of the performance bond or security, the owner agrees to: (a) complete all improvements in accordance with the Board's rules and regulations; (b) remove all building materials and rubbish from the subdivision and leave the subdivision free from hazardous and/or unattractive slopes, excavations and piles of material within six months of the date of occupancy of any structure within that area; (c) complete all improvements described above within 12 months of the start of construction. The owner further agrees that no structure will be occupied until at least the base course of bituminous concrete (as specified in these rules and regulations) has been applied to the streets which serve those structures. No of these limitations shall be granted without approval of the Board. (d) prepare estimates of cost of performing the various items of required work and improvements proposed based on the current Mean's Catalog with 15 percent for contingencies and an additional adjustment factor for two years' inflation incorporated in the bond estimate. The applicant shall submit the same to the Board for review, modification, and approval to be used in determining the necessary total sum of the performance bond. 4342. By a Covenant: The owner shall file a covenant acceptable to the Planning Board, executed by the owner of record and duly recorded, running with the land, whereby conditions specified on the Certificate of Approval are met, and whereby such ways and services (including drainage) shall be provided to serve any lot before such lot may be built upon or conveyed other than by mortgage deed; provided that a mortgagee who acquires title to the mortgaged premises by What year was the inclusionary/incentive provision adopted? Instructions: Answer the question using the context with an integer and explain your answer [/INST] I don’t know. , The excerpt discusses Bolton’s inclusionary/incentive program, but does not provide the year the program was enacted. " "[INST] Context: h and range of available housing choice. (e) Visual environment. Visibility of buildings and parking and visual consistency with existing development in the area. Section 195-62. Review procedure. The applicant shall transmit one copy of the materials required herein to each of the following for their review and recommendation, to be made not later than the public hearing: the Conservation Commission, Board of Selectmen and Fire Department. A special permit shall be approved by the Planning Board only after consideration of the criteria set forth in Section 195-103 and the following additional factors: A. Departure from the scale of single-family development is minimized through including not more than 24 dwelling units in a single structure, serving not more than six dwelling units from a single entrance, limiting building length to not more than 200 feet, having unbroken roof area of not more than 3,000 square feet and having parking areas individually contain not more than 36 parking spaces and be separated from all other parking areas by at least 50 feet. B. Visual separation from nearby premises is assured through providing yards of at least 1.5 times building height measured from each lot line, which shall contain no parking areas, and through use of outdoor lighting fixtures not higher than 15 feet. Section 195-63. Density bonus. For every one unit in 10 set aside for low and moderate-income persons and families in a multifamily housing project, the applicant may apply and the Planning Board may grant a bonus of one additional unit. To apply the applicant shall demonstrate to the Planning Board that: A. The rent required for the unit set aside shall meet the affordable rents established by the Department of Housing and Urban Development for by the owner of the land containing more than five acres in area on which the facility if located"",Y,Y,Y,Y,Y,Y,Y,Y,Y,Y,Y,Y,Y,Y,Y **Webmasters Note: The previous chart has been amended as per an amendment approved at a town meeting held on 10/21/02. B. Exempt and Institutional (cont'd) ,,,,,,,,District,,,,,,, Principal Use,RA,RB,RC,RM,CA,CB,CC,CD,CV,IA,IS,RMH,CX,P,os 8. Cemetery,Y,Y,N,N,N,N,N,N,N,Y,N,N,N,Y,N ""9. Municipal facilities, except garages, storage or repair shops"",Y,Y,Y,Y,Y,Y,Y,Y,Y,Y,Y,Y,Y,Y,Y ""10. Municipal garages, storage or repair shops"",N,N,N,N,N,BA,N,N,N,BA,N,N,N,Y,N 11. Essential services,BA,BA,BA,BA,BA,BA,BA,BA,BA,BA,BA,BA,BA,BA,BA 12. Hospital,N,BA,BA,BA,N,Y,N,N,N,N,N,N,N,N,N 13. Airport,N,N,N,N,N,N,N,N,N,N,N,N,N,N,N C. Commercial ,,,,,,,,District,,,,,,, Principal Use,RA,RB,RC,RM,CA,CB,CC,CD,CV,IA,IS,RMH,CX,P,os 1. Nonexempt agricultural use2,Y,Y,Y,Y,N,N,N,N,N,Y,N,N,N,N,N 2. Nonexempt farm stand for wholesale or retail sale of products3,N,Y,Y,Y,Y,Y,Y,Y,N,Y,Y,Y,N,N,N 3. Nonexempt educational use,N,N,N,N,Y,Y,Y,Y,N,Y,Y,N,N,N,N 4. Animal clinic or hospital,N,N,N,N,N,Y,Y,Y,N,Y,N,N,N,N,N 6. Kennel,N,N,N,N,N,N,N,N,N,BA,N,N,N,N,N 6. Nursing or convalescent home,N,N,N,BA,N,BA,N,N,N,N,N,N,N,N,N 7. Funeral home,N,N,N,N,N,Y,N,Y,N,N,N,N,N,N,N 8. Motel or hotel,N,N,N,N,N,Y,PB,PB,PB,PB,N,N,N,N,N 9. Retail stores and services not elsewhere set forth,N,N,N,N,Y,Y6,Y6,Y,Y10,N,N,N,N,N,N 10. Motor vehicle sales and rental6,N,N,N,N,N,Y,N,N,N,N,N,N,N,N,N 11. Motor vehicle general and body repair,N,N,N,N,N,Y6,N,N,N,N,N,N,N,N,N 12. Motor vehicle light service,N,N,N,N,N,Y6,BA,BA,N,N,N,N,N,N,N 13. Parking garage,N,N,N,N,N,BA,BA,BA,BA,BA,BA,N,N,N,N 14. Restaurant,N,N,N,N,N,Y6,Y,Y,Y6,N,N,N,N,N,N ""15. Restaurant, fast-food"",N,N,N,N,N,BA,BA,N,""BA"""""",N,N,N,N,N,N 16. Business or professional office,N,N,N,N,Y,Y,Y,Y,Y,Y,N,N,Y,N,N 17. Medical center or clinic,N,N,N,N,N,Y,Y,Y,Y,Y,N,N,N,N,N 18. Bank or financial agency,N,N,N,N,N,Y 6,Y Superscript(5),Y superscript(5),Y,N,N,N,Y,N,N 19. Indoor commercial recreation,N,N,N,N,N,Y6,Y5,BA,N,N,N,N,N,BA,Y 20. Outdoor commercial open space and facilities, if the trust or corporation fails to provide adequate maintenance, and shall grant the town an easement for this purpose. In such event, the town shall first provide 14 days' written notice to the trust or corporation as to the inadequate maintenance, and, if the trust or corporation fails to complete such maintenance, the town may perform it. The owner of each lot shall be deemed to have assented to the town filing a lien against each lot in the development for the full cost of such maintenance, which liens shall be released upon payment to the town of same. (b) Each individual deed, and the deed or trust or articles of incorporation, shall include provisions designed to effect these provisions. Documents creating such trust or corporation shall be submitted to the Planning Board for approval and shall thereafter be recorded in the Registry of Deeds. E. Any proposed open space, unless conveyed to the Town or its Conservation Commission, shall be subject to a recorded restriction enforceable by the Town, provided that such land shall be perpetually kept in an open state, that it shall be preserved for exclusively agricultural, horticultural, educational or recreational purposes and that it shall be maintained in a manner which will ensure its suitability for its intended purposes. Section 195-91. Independent living standards. A. All dwelling units and common areas shall be constructed to be handicap adaptable in accordance with Section 504 of the Americans with Disabilities Act of 1990, 42 U.S.C. Section 12204, ANSI A117.1 and the requirements of the Massachusetts Architectural Barriers Board. B. Units shall contain no more than two bedrooms. C. Units shall have a maximum habitable living area of 1,600 square feet. Section 195-91.1. Affordability standards for facilitated and independent senior living projects The Planning Board shall only grant a density bonus for a project that provides rental units. The Planning Board may grant a density bonus upon a finding that such increase is determined to promote the objectives of ARTICLE XX Terminology Section 195-108. Word usage and definitions. In this chapter, the following terms and constructions shall apply unless a contrary meaning is required by the context or is specifically prescribed in the text of the chapter. A. Words used in the present tense include the future. The singular includes the plural, and the plural includes the singular. The word ""shall"" is mandatory, and ""may"" is permissive or discretionary. The word ""and"" includes ""or"" unless the contrary is evident from the text. The word ""includes"" or ""including"" shall not limit a term to specified examples but is intended to extend its meaning to all other instances, circumstances or items of like character or kind. The word ""lot"" includes ""plot."" The word ""used"" or ""occupied"" shall be considered as though followed by the words ""or intended, arranged or designed to be used or occupied."" The word ""building,"" ""structure,"" ""lot"" or ""parcel"" shall be construed as being followed by the words ""or any portion thereof."" The word ""person"" includes a firm, association, organization, partnership, company or corporation as well as an individual. B. Terms and words not defined herein but defined in the Commonwealth of Massachusetts State Building Code shall have the meaning given therein unless a contrary intention is clearly evident in this chapter. ACCESSORY BUILDING - A subordinate building located on the same lot as the main or principal building or principal use, the use of which is customarily incidental to that of the principal building or use of the land. ACCESSORY USE - A use customarily incidental to that of the main or principal building or use of the land. ADULT DAY-CARE FACILITY - A building or structure where care, protection and supervision are provided, on a regular schedule, to adults over the age of 18 ADULT ENTERTAINMENT ESTABLISHMENT : (1) ADULT BOOKSTORE - An establishment having as a substantial or significant portion of its stock-in-trade printed matter, books, magazines, picture periodicals, motion picture films, video cassettes, computer compact disks, computer disks or diskettes or coin ARTICLE XVIII Planned Open Space Development Section 195-92. Purpose. Planned open space developments, hereinafter known as ""POS,"" may be allowed by special permit by the Planning Board for the purpose of providing attractive, convenient, efficient neighborhoods and to promote the conservation of open space and the efficient use of land in harmony with its natural features. Section 195-93. General standards. A. The tract of land proposed for a POS shall contain a minimum of 10 acres. These proposals shall be permitted only within a subdivision as defined in MGL c. 41, Section 81L. B. Number of dwelling units. The maximum number of dwelling units allowed shall be equal to the number of lots which could reasonably be expected to be developed upon that parcel under a conventional plan in full conformance with all zoning, subdivision regulations, health regulations, wetlands regulations and other applicable requirements. The proponent shall have the burden of proof with regard to the design and engineering specifications for such conventional plan. C. If any part of a dwelling or accessory building in a POS is proposed to be located within 100 feet of the perimeter of such development, such building(s) shall be located so as to comply with the minimum yard dimensions for principal and accessory buildings for the applicable zoning district. D. Minimum lot area shall be 12,000 square feet. Minimum frontage shall be 50 feet. Minimum side yards shall be 12 feet. Minimum front and rear yards shall be 20 feet. Lots having reduced area or frontage shall not have frontage on a street other than a street created by a subdivision involved. E. All streets in a POS shall be improved in accordance with the requirements and specifications of the subdivision regulations. Driveways and other paved areas intended to remain in private ownership shall be approved as to design and construction standards by the Planning Board. F. A written agreement or co What year was the inclusionary/incentive provision adopted? Instructions: Answer the question using the context with an integer and explain your answer [/INST] I don’t know. , The excerpt provides Chelmsford’s inclusionary housing incentives, but doesn’t provide the year the program was first enacted. There is text with a date of 2002, but that is identified as providing an amendment to the chart, not when the inclusionary incentive program was enacted. " "[INST] Context: uirements (3)...Amended 5/13/85 Section 6.8 Dimensional Requirements (6)...Amended 5/13/85 Section 6.8 Open Space Area (1)............Amended 5/19/86 Section 6.9................................Added 12/5/83 Section 6.10...............................Amended 5/8/00 Section 6.10.5.............................Deleted 6/10/98 G. ARTICLE VII - OFF STREET PARKING AND LOADING Section 7.4(c).............................Amended 12/5/83, 6/7/99, Amended 5/8/00 Section 7.5(a).............................Amended 5/2/88 Section 7.6 Special Uses...................Amended 5/7/803 Section 7.7................................Amended 10/3/90 Section 7.8................................Amended 8/6/79, 11/26/84 Section 7.10(a)............................Added 8/6/79 Section 7.10(c)............................Amended 5/2/88 Section 7.11...............................Added 8/6/79 H. ARTICLE VIII - SIGNS (This article deleted and replaced in its entirety 5/20/91) I. ARTICLE IX - MOVEMENT OF EARTH MATERIALS Section 9.2(a).............................Amended 5/19/86 Section 9.3(b).............................Amended 5/19/86 Section 9.3(b)s.(1)........................Amended 5/19/86 Section 9.3(b)s.(8)........................Amended 5/19/86 Section 9.3(d)s.(14).......................Amended 5/19/86 Section 9.3(f)s.(1e).......................Amended 5/19/86 Section 9.3(g)s.(2a).......................Amended 5/19/86 Section 9.3(g)s.(2b).......................Amended 5/19/86 Section 9.4(b).............................Added 5/19/86 Section 9.5(d).............................Amended 5/19/86 J. ARTICLE X - BOARD OF APPEALS, PERMIT GRANTING AUTHORITY (This article deleted and replaced in its entirety 10/3/90) Section 10.3...............................Amended 5/9/94 K. ARTICLE XI - ADMINISTRATION AND ENFORCEMENT Section 11.3(c)............................Amended 5/19/86) Section 11.3(e)............................Amended 5/7/80 Section 11.3(f)............................Amended 6/6/81 Section 11.4. ance Guarantee ________________________ Date Record Plans Endorsed ________________________ Date Plans and Performance Guarantee Recorded ________________________ Book No. _____ Page No. ______ ________________________ Date of Amendments or Extensions to Performance Guarantee ________________________ Date of Modification, Amendment or Rescission _________________________ Other _____________________ ________________________ Releases Lot Numbers Date of Lot Releases Description of Performance Guarantee _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ Description of Surety Release Surety Release Date _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ Date of Final Release _________________________ Date of Certificate of Completion _________________________ Inspection Log Item Authorization Date Signature Inspector 1. Grubbing _____ _____ _____________ Highway Superintendent 2. Drainage System _____ _____ _____________ Highway Superintendent 3. Water Piping _____ _____ _____________ Water Superintendent 4. Sewer Piping _____ _____ _____________ Water Superintendent 5. Utilities _____ _____ _____________ Highway Superintendentt 6. Subgrade _____ _____ _____________ Highway Superintendent 7. Gravel Base _____ _____ _____________ Highway Superintendent 8. Processed Base _____ _____ _____________ Highway Superintendent 9. Binder Course _____ _____ _____________ Highway Superintendent 10. Curbing Highway _____ _____ _____________ Superintendent 11. Surface Course _____ _____ _____________ Highway Superintendent 12. Sidewalks _____ _____ _____________ Highway Superintendent 13. Grass Plots _____ _____ _____________ Planning Board 14. Shade Trees _____ _____ _____________ Planning Board is. Road Signs _____ _____ _____________ Highway Superintendent 16. Fire Hydrants _____ _____ _____________ Water Superintendent 17. Fire Alarm _____ _____ _____________ Fire Chief 18. Bounds _____ _____ _____________ Town Engi ll be provided coincident to the development of market-rate units, but in no event shall the development of affordable units be delayed beyond the schedule noted below: Market-rate Units % Affordable Housing Units % None required up to 30% at least 10% 30% plus 1 unit at least 30% up to 50% at least 50% up to 75% at least 70% 75% plus 1 unit 100% up to 90% Fraction of units shall not be counted. 19.7 LOCAL PREFERENCE The SPGA shall require the applicant to comply with local preference requirements, if any, as established by the Board of Selectmen. 19.8 MARKETING PLAN FOR AFFORDABLE HOUSING UNITS Applicants under this bylaw shall submit a marketing plan or other method approved by the SPGA which describes how the units will be marketed to potential home buyers or tenants. This plan shall include a description of the lottery or other process to be used for selecting buyers or tenants. The plan shall be in conformance with DHCD rules and regulations. f 19.9 PROVISION OF AFFORDABLE HOUSING UNITS OFF-SITE Subject to the approval of the SPGA, an applicant subject to this by-law may develop, construct or otherwise provide affordable housing units equivalent to those required by Section 19.5 off-site. All requirements of this bylaw that apply to on-site provision of affordable units, shall apply to provision of off-site affordable units. In addition, the location of the off-site units to be provided shall be approved by the SPGA as an integral element of the Special Permit review and approval process. 19.10 PROVISION OF FEES-IN-LIEU OF AFFORDABLE HOUSING UNITS As an alternative to the requirements of Section 19.5, and as allowed by law, an applicant may contribute a fee or land to a Norton Housing Trust Fund, established for the purpose of this by-law, to be used for the development of affordable housing in lieu of constructing affordable housing on-site or providing affordable units off-site. 19.10.1 Calculations of fees-in-lieu of units. The applicant for development subject to this by-law may pay fees in lieu of the construction or provision of affordable units. For the purpose of this by-law, the fee in lieu of the copy of any covenant, security agreement, or conditions of approval pertaining to such plan. After the plans are endorsed, no changes to the original signed copies are to be made by the applicant or any person acting in their behalf Plans not recorded within six months of endorsement are deemed ""expired"" and require new application (Ch. 81 section 41T) or modification (Ch. 41 section 81 W) and new fees. d. Release of covenant and lots Upon the completion of the street(s) and installation of municipal services as specified in b. above, the Applicant may furnish other surety and request that lots are released from the covenant for the purposes of construction. The Applicant may select, and change, the method of providing the performance guarantee from time to time, subject to the approval of the Board and Town Treasurer. The Applicant may furnish a performance guarantee by surety in an amount that the Planning Board determines is sufficient to secure the construction of a street and the installation of municipal services for lots in the subdivision in accordance with the approved definitive plan and these Regulations. The surety provided as a performance guarantee may be any of the allowed types in accordance with the provisions of Ch. 41 section 81U: a. by a deposit of money or negotiable securities, or by a bond; the Applicant shall specify the time within which the construction shall be completed provided that period does not exceed the two year period from the date of recording of the definitive plan. If in the form of a ""Bank Passbook"", each such instrument shall be limited to $100,000 per financial institution;w b. by an agreement with a financial institution executed after the recording of a first mortgage covering the premises shown on the plan, or a portion thereof, given as security for advances to be made to the Applicant by the financial institution, which agreement shall be executed by the Applicant and the financial institution. The agreement shall provide for the retention by the financial institution of funds otherwise due the Applicant, of fees-in-lieu of units. The applicant for development subject to this by-law may pay fees in lieu of the construction or provision of affordable units. For the purpose of this by-law, the fee in lieu of the construction or provision of affordable units is determined to be $200,000 per unit. For example, if the applicant is required to construct two affordable income units, they may at their option, pay $400,000 in lieu of construction or provision of such units. 19.10.2 Schedule of fees m lieu of payments. Fee in lieu of payments shall be made according to the schedule set forth in Section 19.6.3, above. 19.11 MAXIMUM INCOME AND SELLING PRICE: INITIAL SALE 19.11.1 To ensure that only eligible households purchase affordable housing units, the purchaser of a affordable unit shall be required to submit copies of the last three years federal and state tax returns for the household and certify, in writing and prior to transfer of title, to the developer of the housing units or his/her agent, and within thirty (30) days following transfer of title, to the Norton Local Housing Partnership, that his/her annual household income level does not exceed the maximum level as established by the Commonwealth's Division of Housing and Community Development, and as may be revised from time to time. 19.11.2 The maximum price or rent of the affordable units created under this bylaw is established by the Commonwealth's Division of Housing and Community Development and as may be revised from time to time. 19.12 PRESERVATION OF AFFORDABLITY; RESTRICTIONS ON RESALE Each affordable unit created in accordance with this by-law shall have limitations governing its resale. The purpose of these limitations is to preserve the long-term affordability of the unit and to ensure its continued availability for affordable income households. The resale controls shall be established through a deed restriction on the property acceptable to DHCD, recorded in the Bristol County Northern Registry of Deeds and shall be in force for a period of ninety-nine (99) years or as long a period as is lawful, whichever is greater. 19.12.1 Resale Price - Sales beyond the initial What year was the inclusionary/incentive provision adopted? Instructions: Answer the question using the context with an integer and explain your answer [/INST] I don’t know. , The provided excerpt doesn’t include when the inclusionary/incentive provision was adopted. " "[INST] Context: ARTICLE 13: INCLUSIONARY HOUSING Section 13.1. Purpose. The purpose of this Article is to promote the public welfare by: a) encouraging housing opportunities for people of mixed income levels; b) increasing the supply of housing that is available and affordable to low- and moderate-income people, with an emphasis on the type of housing currently most needed in the City -- housing for families with children and for low-income households; c) ensuring that such housing is affordable over the long term; and d) preventing the displacement of low-to-moderate income Somerville residents; and e) maintaining an economically integrated community; and f) mitigating the impacts of market-rate housing on the supply and cost of low- and moderate-income housing in that the creation of new market-rate housing: 1. decreases the available supply of future developable land in the City of Somerville; 2. creates upward pressure on the pricing of all housing in the City of Somerville; 3. exclusive of the creation of low- and moderate-income housing, impedes the goal of maintaining an economically integrated community."" This Article provides incentive for the voluntary development of housing affordable to low-and moderate-income households Within applicable residential projects that are larger in terms of total number of dwelling units and/or density than that normally permissible by right. Developers may request approval of such development through the special permit with site plan review process set forth in Article 5 and in accordance with the provisions of this Article 13. The Special Permit Granting Authority (SPGA) shall have sole authority to review and approve such requests under the provisions of Articles 5 and 13 herein. It is intended that affordable housing units provided under the terms herein be located on-site within the proposed housing development. Off-site location or other in-lieu means of compliance with this Article may be approved by the SPGA only in strict accordance with the provisions of this Article authorizing such alternative means. Section 13.2. Applicabil enior Program Manager for Parks. The SPGA or its designee shall aid the applicant in obtaining such comments, particularly in the case where public dedication of usable open space is proposed (see Section 17.5 below). Section 17.4. Incentives to Provide Usable Open Space. 17.4.1. Bonus Floor Area. As an incentive for the voluntary provision of usable open space additional to that which may be required elsewhere in this Ordinance, the SPGA may grant floor area bonuses to developments providing such additional usable open space in those districts or areas specifically referred to elsewhere in this Ordinance as eligible for such bonuses. Award of any bonus shall be at the sole discretion of the SPGA, in accordance with the guidelines herein, and shall be made through the special permit, special permit with site plan review, or planned unit development application process. The SPGA may grant a floor area bonus up to, but not exceeding, ten (10) square feet of net floor area for every one (1) square foot of additional usable open space. 17.4.2. Guidelines. In its determination, the SPGA shall consider those guidelines below, and shall make determinations and findings that the request for bonus floor area and provision of the additional usable open space--including provisions for its preservation and maintenance--are in substantial compliance with these guidelines: a) The additional usable open space and bonus floor area shall be located in a district, area m project type specified as eligible in this Ordinance, and shall comply with any standards set forth elsewhere in this Ordinance for usable open space and award of bonus floor area in that specific district, area or project type within which the development falls; b) There shall be a well-documented plan a; to the condition of the open space and what improvements, if any, are proposed by the developer and the schedule or time frame for installation of said improvements. The SPGA may require reasonable improvements to h open space, to the extent such improvements will make it m U.S. Department of Housing and Urban Development adjusted to applicable household size, but only after consideration of any comments offered by the Planning Board, Planning Office, and the Office of Housing and Community Development on the appropriateness of any such alternative method. The SPGA shall conduct a public hearing in accordance with its Rules and Regulations to receive comment prior to adopting another standard. In adopting any such separate standard(s), the SPGA shall cause such standard(s) to be published in a format available to the public, and shall utilize such standard consistently among all similar projects it reviews. 13.3.3. Affordability. Housing affordability under this Article means: I. Rental Payment of housing and related costs for rental units shall be set at the following levels: a) in the case of low-income households, rental costs (including utility costs for heat, electricity, and hot-water) shall be set at a level not to exceed the then current ""LOW HOME"" RENTS published by HUD for its Home Investment Partnership Program at 24 CFR 92 as they may be amended from time to time. These rents are set by HUD to be affordable to families with incomes up to 50% of area median income. b) in the case of low moderate-income households, rental costs (including utility costs for heat, electricity, and hot water) shall be set at a level not to exceed the then current ""HIGH HOME"" RENTS published by HUD for its Home Investment Partnership Program at 24 CFR 92 as they may be amended from time to time. These rents are set by HUD to be affordable to families with up to 80% of area median income. II. Homeownership: Sale prices for inclusionary units must be set at a level which allows a family at 80% or 110% of area median income (as published by HUD and amended from time to time) to pay no more than 35% of total family income for housing costs, including mortgage principal and interest, private mortgage insurance, homeowner's insurance and real estate taxes. (PITI) It is understood that these guidelines are to supersede those calculations currently set-forth in §13.3.3 un for Provision of Additional Affordable Housing Units. Developers providing more than twelve and a half percent (12.5%) of the total units in the development as affordable units may apply for an additional density bonus under the terms of this Article, and in accordance with the special permit with site plan review provisions of Article 5. Bonuses may be awarded on the basis of a two-to-one ratio of market rate units to affordable housing units. For every additional affordable unit provided beyond the twelve and a half percent (12.5%) required, two (2) additional market rate units may be authorized. The additional affordable units provided shall continue to be offered at the rate of not less than 50% affordable to lower income range households and the remainder affordable to moderate income range households, as stipulated in Section 13.3.4. Any bonus may be awarded only by the SPGA, and shall not exceed twenty percent (20%) of the number of units normally permissible under the lot area per dwelling unit requirements of Article 8 and Article 16 of this Ordinance. In determining any density bonus, the SPGA shall consider relevant facts and make findings as to the following: a) that the affordable units provide housing to families with children; b) that the affordable units provide rental units; c) that analysis of the financial feasibility of the project demonstrates that award of bonus market-rate unit(s) will in part finance the affordable unit(s) such that there need not be full reliance on public subsidies to support rent payments for the affordable unit(s), regardless of whether such subsidies are available; d) that the proposed development site plan is designed in its site location, proportions, orison, materials, landscaping and other features as to provide a stable and desirable character, complimentary and integral with the site's natural features and neighborhood context; e) that such development is generally consistent with the purposes of the Somerville Zoning Ordinance, and the density increase or relaxation of zoning standards has no material detrimental effect on the char buyers or tenants of the affordable units, c) plans for income verification of tenants and/or buyers, d) plans for management of units, particularly with respect to maintenance and ensurance of long-term affordability, e) financial information or analysis necessary to satisfy the provisions of this Article, particularly Sections 13.3.3, 13.3.5 and 13.4.2, f) a relocation plan for tenants affected by substantial rehabilitation projects, g) and any additional information the Applicant desires to present that demonstrates compliance with other provisions of this Article. The SPGA may request additional information as an aid in its review, aid may reject any application not providing the minimum implementation plan elements noted above. 13.3.2. Household Income. Inclusionary dwelling units which will be available for rental shall be affordable to low- and moderate-income households as defined below, adjusted to applicable household size: a) Low-income households, defined herein as earning income up to fifty percent (50%)of the Boston Standard Metropolitan Statistical Area (SMSA) median household income; and b) Low moderate-income households, defined herein as earning income of fifty-one percent (51 %) to eighty percent (80%) of the Boston SMSA median household income. Inclusionary dwelling units which will be available for purchase shall be affordable to low-moderate and moderate- income households as defined below, adjusted to applicable household size: a) Low moderate-income households, defined herein as earning up to eighty percent (80%)of the Boston Standard Metropolitan Statistical Area (SMSA) median household income; and b) Moderate income households, defined herein as earning income of eighty one (81 %)to one hundred and ten percent (110%) of the Boston SMSA median household income. The SPGA may adopt other Federal or State income guidelines, such as those of the U.S. Department of Housing and Urban Development adjusted to applicable household size, but only after consideration of any comments offered by the Planning Board, Planning Office, and the Office of Housing an What year was the inclusionary/incentive provision adopted? Instructions: Answer the question using the context with an integer and explain your answer [/INST] I don’t know. , No years are mentioned in the provided ordinance, so I cannot answer the question. " "[INST] Context: cability. The Planning Board, acting as Special Permit Granting Authority, may grant a Special Permit for construction of an Incentive Senior Development and accessory structures, in the following zoning districts: Single Residence ""A"", Single Residence ""C"", Limited Business, Village Business and Research District. 5430. Standards. The following standards shall apply to all Incentive Senior Developments: 5431. Tract Qualification. At the time of granting a special permit by the Planning Board, the property under consideration for an Incentive Senior Development shall be located on a contiguous parcel, not separated by a public or private way, with definite boundaries ascertainable from a recorded deed or recorded plan, having an area of at least 10 acres. For parcels greater than 20 acres, parcels may be separated by a private or public way. 5432. Age Qualification. An Incentive Senior Development shall constitute housing intended for persons of age fifty-five (55) or over within the meaning of M.G.L. c151B, §4, §6 and 42 USC §3607(b)(2)(c), and in accordance with the same, one hundred percent (100%) of the dwelling units in an Incentive Senior Development shall each be owned and occupied by at least one person fifty-five (55) years of age or older per dwelling unit, and such development shall be operated and maintained in all other respects in compliance with the requirements of said statutes and regulations promulgated pursuant thereto. In the event of the death of the qualifying owner/ occupant(s) of a unit, or foreclosure or other involuntary transfer of a unit in such a development, a two-year exemption shall be allowed for the transfer of the unit to another eligible household. 5433. Applicant Qualifications. The applicant for a Special Permit under the provisions of this section shall be the owner of the tract proposed for such Development or be authorized in writing by the owner to apply for and be issued such Special Permit, and shall establish to the satisfaction of the Planning Board that the applicant has knowledge, experience and financial resources su 9. Performance Guarantee: Before approval of a Definitive Plan of a subdivision, the applicant shall enter into a written agreement and guarantee to complete the required improvements specified in Section VI below, adhering to the Design Standards specified in Section V below, for all lots in the subdivision, such construction and installation to be additionally secured by one, or in part by one and in part by the other, of the following methods which may from time to time be varied by the applicant: a. Final Approval with Bonds or Surety: The Subdivider shall either file a certified check payable to the ""Town of Sudbury"" or a performance bond or negotiable securities, or assignment as provided by statute and acceptable to the Board, or by other suitable means, in an amount determined, in the manner described below, by the Board to be sufficient to cover the cost of all or any part of the specified improvements not covered by a covenant under IV,C,9,b below. Such bond or security, if filed or deposited, shall be approved as to form and manner of execution by the Town Counsel, and shall be contingent on the completion of such improvements within a period of two (2) years. Bond premium is to be prepaid in full for the period agreed, with evidence of payment submitted to the Board. If a period of time longer than two (2) years is requested by the subdivider and agreed upon by the Board, prior to the expiration of the initial bond, a new bond or surety sufficient to cover all remaining improvements shall be filed or deposited by the subdivider. At the time the said bonding or surety is accepted, the then current Rules and Regulations shall apply. In order to establish the amount or principal sum of each bond or certified check, the subdivider shall contact the Secretary of the Board and furnish him or her with the following: (1) Name of the Subdivision (2) Name of streets or ways to be covered (3) Lengths of streets in feet (4) Bounds of streets or portions thereof to be covered, sufficient for identification (5) Any peculiar circumstance ized in writing by the owner to apply for and be issued such Special Permit, and shall establish to the satisfaction of the Planning Board that the applicant has knowledge, experience and financial resources sufficient to construct and complete the Development. 5434. Number of Dwelling Units Permitted. The maximum number of dwelling units shall be computed based on the number of buildable lots permitted under a conventional subdivision, with each lot satisfying minimum lot area, frontage and all other applicable zoning regulations, possessing suitable soils as determined by the Board of Health, and sufficient upland, buildable area to sustain a single family home. In Village Business Districts, Limited Business Districts and Research Districts, a minimum lot area of 40,000 sq. ft. and minimum frontage requirement of 180 feet shall be used to calculate each buildable lot. For the purposes of this section, minimum lot area in every district shall contain no more than 25% of land which is underwater land or wetland resource as defined in G.L. c. 131, s. 40 or in the Sudbury Wetlands Administration Bylaw. For each buildable lot calculated, a maximum of 4 units shall be permitted to be constructed. 5435. Building and Dwelling Unit Requirements. The following requirements shall apply to all buildings and dwelling units in an Incentive Senior Development: a. Dwelling units can be attached or detached, or a combination of these types. b. No building shall contain more than four dwelling units. c. No dwelling unit constructed in an Incentive Senior Development shall contain more than two (2) bedrooms. No more than ten percent (10%) of the total units in an Incentive Senior Development shall have fewer than two bedrooms. d. Accessory Buildings and Structures. Accessory buildings and structures may be permitted, including clubhouse, swimming pool, tennis courts, cabanas, storage and maintenance structures, garages, and other customary accessory structures, however, any common facilities or structures must be constructed on land owned in common by the owners of SECTION 9 EXTENSION OF TIME LIMITATION FOR IMPLEMENTATION 9.1 Request to BOARD An APPLICANT who has not implemented an approved SITE PLAN within the time limitation set forth in the BOARD's Decision shall file with the BOARD a request form extension of the SITE PLAN approval before the time period elapses. Such request shall be made on Form SP-5 entitled, ""Request for Extension"". 9.2 Extension Involving Modifications If any changes to the SITE PLAN are also being requested, procedures under Section 8, ""Modifications (Changes after Approval),"" must be followed. The fee, in this instance, shall be a total of $250 only (no additional fee for the extension request). 9.3 If the extension of time limitation is approved, the Decision of the 5530. Special Provisions for Low or Moderate Income Units. In order to facilitate the creation of affordable housing units in Sudbury which will count toward the ten percent statutory goal (G.L. c. 40B, s. 20), all applicants for a special permit for a unit to be occupied by a low or moderate income family shall be furnished with copies of the regulations and guidelines of the Massachusetts Executive Office of Communities and Development for approval of such unit as an affordable housing unit for purposes of the statutory goal. Such regulations and guidelines shall include those of the Local Initiative Program and any other program designed to promote the creation of certifiable affordable housing units. After issuance of a Special Permit for a low or moderate income unit which is to be occupied and operated in accordance with any of such programs, the Board of Selectmen shall make application to the Department of Housing and Community Development for certification of the unit as an affordable housing unit includable in the Town's inventory of low and moderate income housing for the purposes of G.L. c. 40B. Such application may, at the discretion of the Board of Selectmen, be made prior to actual issuance of the Special Permit. 5540. Reports. 5541. In order to ensure compliance, the applicant shall obtain and submit to the Board of Appeals prior to the hearing, a written report of the Board of Health certifying that the conditions of this subsection have been met. 5542. Planning Board Report. In connection with an application for a Special Permit under this section, the applicant may consult with the Planning Board prior to the hearing and the Planning Board may submit in writing, prior to the hearing, its recommendations What year was the inclusionary/incentive provision adopted? Instructions: Answer the question using the context with an integer and explain your answer [/INST] I don’t know. , There are no years provided in the excerpt, so I cannot answer the question. " "[INST] Context: ARTICLE V PERFORMANCE GUARANTEES 500 GUARANTEE REQUIRED Before endorsement of its Approval of a Plan, the Board shall required, in accordance with Section 81-LL of the Subdivision control law, that the construction of ways and the installation of Municipal Services be secured by one, or in part by the other, of the methods described in Sections 501 or 502 below, which method may be varied by the applicant. 501 FINAL APPROVAL WITH BOND OR SURETY The applicant shall file with the city a surety bond in a Form satisfactory to the Board, or deposit negotiable securities of a kind acceptable to the Board, in a renal sum or amount sufficient, in the opinion of the Board, to secure the performance of the construction of ways and installation of utilities for all lots not covered by a covenant, as described in Section 502 below. The Board shall request an estimate of work to be completed from the applicant, and shall have this estimate reviewed and approved by the City Engineer. Any bond, surety agreement, or securities filed or deposited in accordance herewith shall be executed so as to secure the completion of all required work within two years of such filing of deposit, or within such other time as the Board may specify. Upon failure of the developer to complete such work to the satisfaction of the Board, and in accordance with all applicable plans, regulations and specifications, the City shall be entitled to enforce such bond or to realize upon such securities to the extend necessary to complete all such work without delay. Planning Board shall be notified of any change in ownership or change in party responsible for completion of subdivision before any subsequent Planning Board action is requested. 502 FINAL APPROVAL WITH COVENANT The applicant shall execute a covenant (See Appendix B, Form ""E""), which shall be approved by the Board as to contents and recorded with the approved Definitive Plan at the expense of the applicant. The applicant shall covenant and agree therein that no lot within the subdivision or the portion thereof described in the covenant shall be built upon or conveyed, except by mortgage deed, until such lot or lots shall be released from the he plat of Subdivision above referred to. ______________________________ ______________________________ COMMONWEALTH OF MASSACHUSETTS ___________________SS _________________, 19____ Then personally appeared ________________________ and acknowledged the foregoing instrument to be his free act and deed before me. (To be used for Individual Owners) _________________________ Notary Public My Commission Expires: _________________________ COMMONWEALTH OF MASSACHUSETTS _________________SS ______________, 19___ Then personally appeared the above named ___________________ and acknowledged the forgoing instrument to be the free act and deed of ___________________ before me. _________________________ Notary Public My Commission Expires: _________________________ (To Be Used For Corporate Owner) TAUNTON PLANNING BOARD City Hall 15 Summer Street Taunton, Massachusetts 02780 Waiver for Substandard Lots Submitted on ___________________________ To the City of Taunton, Massachusetts Planning Board: The undersigned requests a waiver(s) from the following sections of the Planning Board's Rules and Regulations: ________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ Name of Applicant:________________________ Phone:_________________ Address:____________________________________________________________ Name of Engineer or Surveyor:_______________ Phone:_________________ Address:____________________________________________________________ Location and description of property:_______________________________ ____________________________________________________________________ Deed of property recorded in _______________ Registry, Book ______, Page _______ I hereby certify that the above information is true and correct. Signature of Applicant ________________________ ignificant decrease in surface or groundwater quality, or environmental degradation. If the Special Permit is granted, there shall be no amendments, changes or transfer or ownership without Planning Board review and approval. In accordance with Section 9 of General Laws Chapter 40A, all granted permits necessary for the prosecution of the work shall be obtained and construction shall be commenced within two years from the date of filing of the Board's decision in the office of the City Clerk. 14.2 INCLUSIONARY HOUSING 14.2.1 PURPOSE The provisions of this Section are designed: a) to increase the supply of safe and sanitary housing in the City of Taunton that is available to and affordable by low, moderate and middle income households; b) to encourage a greater diversity of housing accommodations to meet the needs of family households and other City residents; c) to promote a reasonable mix and distribution of housing opportunities throughout the City and d) preventing the displacement of low, moderate and middle income Taunton residents. 14.2.2 APPLICABILITY Any residential development may seek to increase its density of development through a special permit, provided it meets the standards for the provision of affordable housing outlined in this section. 14.2.3 DEFINITIONS LOCAL HOUSING AUTHORITY - the local housing partnership is the organization recognized by the Massachusetts Housing Partnership (MHP) as a MHP affiliate. The central role of the local housing partnership is the promotion of affordable housing opportunities. The Taunton local housing partnership is designated by the Mayor. LOW INCOME HOUSEHOLDS - ""Low income families"" are those whose incomes do not exceed 50 percent of the median income of the area, with adjustments for smaller and larger families. MODERATE INCOME HOUSEHOLDS - ""Moderate income families"" are those whose incomes are no greater than 80 percent and no less than 50 percent of the median income of the area, with adjustments for smaller and larger families. MIDDLE INCOME HOUSEHOLDS - ""Middle income families"" a hose incomes are no greater than 80 percent and no less than 50 percent of the median income of the area, with adjustments for smaller and larger families. MIDDLE INCOME HOUSEHOLDS - ""Middle income families"" are those whose incomes are no greater than 120 percent and no less than 80 percent of the median income of the area, with adjustments for smaller and larger families. INCOME STANDARDS - These income figures shall be as published by the United States Department of Housing and Urban Development for the Section 8 housing subsidy program. AFFORDABLE - A dwelling unit will be considered ""affordable"" to a low, moderate or middle income household where: (1) With regard to rental housing, the household spends no more than 30 percent of gross income for all shelter costs, including utilities; and; (2) With regard to sales housing, including condominiums, the household spends no more than 28-30 percent of gross household income for mortgage principal and interest, property taxes, insurance, and (where applicable) homeowners' association fees. Affordability requirements will be met if a 1 member household can afford a studio unit; a 2 member household can afford a 1 bedroom unit; a 3 member household can afford a 2 bedroom unit; and a 4 person household can afford a 3 bedroom unit. AFFORDABLE HOUSING - Housing which is affordable, as defined above, to the target low, moderate and middle income households. 14.2.4 AFFORDABILITY STRUCTURE 14.2.4.1 Pricing Standards As part of the application, a market plan will be submitted proposing the breakdown and price structure for all units in the development. Further affordable units, the following standards shall apply in calculating prices: Rental Units - The 30 percent ceiling for rents shall include utilities, or the rents shall be set at a level so that the rent plus the utility allowances as published by HUD for the Section 8 program do not exceed 30 percent of the target income. Sales Units: (1) The mortgage interest rate shall reflect a rate at which a fixed rate mortgage is realisti rom the first plan that would be abated based on the second plan's approval. This number shall be used by the City Planner in revising authorization schedules due to abatements. 14.34 Development Schedule Building permits for new dwelling units shall be authorized only in accordance with the following schedule: Number of new units in Development,Dwelling units/ year* 1-2,100% 3-4,50% 5-12,40% 13-18,30% 19-25,25% 26 +,up to 20% *Percent of units in the development for which building permits may be authorized each year. Also, Unit counts/year including fractions shall, if the fractional portion is equal to 0.5 or greater, be rounded up to the nearest whole number; and if the fractional portion is less than 0.5, shall be rounded down to the nearest whole number (examples: 1.8 = 2 units; 3.2 = 3 units). 14.37 Requirements 14.371 All definitive subdivisions, ANR (Form A) Plans, Special Permits and Site Plan Review applications shall include a proposed development schedule by the applicant. 14.372 Development schedules shall be determined by the Zoning Board (Special Permits, Variances) or Planning Board (Site Plan Review, Definitive Subdivision, ANR Subdivision) at the time of approval of any such application, using the following format: ""The first year of the development schedule shall be (month/year) or such earlier date that may result from intervening abatements."" Such schedules shall be included as a condition of the application. The City Planner shall be authorized to issue revised development schedules based solely on abatements approved by the Zoning Board or Planning Board. All development schedules with approved authorizations shall be recorded with the City Clerk and shall not be calculated into the overall growth rate until so recorded, In order to effectuate the schedule for the purposes of obtaining building permits, the applicant shall record the approval decision with the development schedule at the Registry of Deeds. 14.373 In the case of a cluster subdivision, a development schedule shall be app What year was the inclusionary/incentive provision adopted? Instructions: Answer the question using the context with an integer and explain your answer [/INST] I don’t know. , This excerpt discusses Taunton’s inclusionary incentive program, but does not mention the year it was enacted. " "[INST] Context: §175-11. Procedures for ANR applications. A. Request for ANR endorsement. (1) Any person who wishes to cause to be recorded in the Registry of Deeds or to be filed with the Land Court a plan of land and who believes that his plan does not require approval under the Subdivision Control Law may submit a request for ANR endorsement containing the following: (a) The original plan conforming to the requirements of the Registry of Deeds or Land Court, as appropriate, and conforming to the requirements of the Planning Board as specified in 175-10D and Subsection C of this section. (b) Seven full-size prints of the plan. (c) A copy of the deed to all parcels affected by the plan. (d) A completed Form ANR-1 (including all required supplemental forms). (e) The required fee, as specified in Subsection B below. (f) The necessary evidence to show that the plan does not require approval. (2) This request shall be submitted to the Planning Board in accordance with all requirements of 175-10. (3) Properties shown as ""remaining land"" or similar notation have no special status. They shall be included in all fee calculations and shall have all required data shown. B. Fees for ANR endorsement. All other ANR plans require an application fee of $50, plus $50 for each lot or parcel shown on the plan, excluding lots and parcels that are i unaffected by the endorsement, but including lots and parcels that are the intended recipient of a conveyance. For example, a plan that-shows a parcel of 0.5 acres being removed from a fifty-acre property, with the intent of conveying it to a neighboring property, will pay a total of $200, as follows: (1) Fifty-dollar base fee. (2) Fifty dollars for the fifty-acre (now forty-nine-and-five-tenths-acre) property. (3) Fifty dollars for the parcel being conveyed. (4) Fifty dollars for the recipient property. i C. Requirements for ANR pla cribing how the common open. space will be maintained in perpetuity to standards satisfactory to the Planning- Board. The applicant shall also provide as part of the common open space proposal an agreement empowering the Town to perform maintenance of the common open space in the event of failure to comply with the program included in the application pursuant to the preceding sentence providing that, if the Town is required to perform any maintenance work, the owners of lots or units within the OSMD shall pay the cost thereof and that the cost shall constitute a lien upon their properties until said cost has been paid. H. Duration of approval. Notwithstanding anything to the contrary in this 145-47, any special permit granted by the Planning Board for an OSMD shall become void within two years from the date of issue, which two years shall not include time required to pursue or await determination of deal referred to in 17 of c. 40A, unless any substantial part of the proposed construction work shall have been performed or has proceeded in good faith continuously to completion, except for a good cause. All open space shall be dedicated at the time the special permit, as required, has been granted. If at any time before, during, or after construction of the proposed development unforeseen conditions make it necessary or preferable to modify the project as described in the approved definitive OSMD application, the Planning Board. may authorize such modifications provided that they are within the spirit of the original proposal aid comply with this section. All the provisions of MGL c. 40A, 9, including the requirements of public hearing, shall be applicable to proceedings under this section. §145-48. Affordable housing conditional density bonus. A. Purpose and authority. This section is adopted pursuant to MGL c. 40A, 9 in order to encourage various housing types for persons of various ages and income levels and create affordable housing, to help people who have lived and worked in Townsend and have been unable to obtain suitable housing at a reasonable price, and to maintain a s ARTICLE IX Special Provisions §145-34. Additional requirements. §145-35. Motels. A. The density of motel units per acre shall be no more than five. [Amended 5-18-1987 STM by Art. 22] B. On each lot used for motel purposes there shall be provided front yard 60 feet in depth, rear and side yards each not less than 50 feet in depth. C. A space not less than 20 feet shall be maintained open with grass, bushes, flowers or trees all along each side lot, rear lot and front lot, except for entrance and exit driveways, and such open space shall not be built on, nor paved nor used for parking. D. No space within the required front yard depth shall be used for parking except as a temporary nature such as for registering. No parking spaces are allowed in required yard depths and all parking shall be at the side, rear or under the building for which it is intended. E. Each motel site shall be provided with not more than two motor- vehicle driveways for each abutting street which shall intersect the abutting street or streets at 90. F. Each rental unit shall contain not less than 250 square feet of habitable floor area. G. Subject to Board of Appeals, uses such as but not limited to restaurants, convention facilities, health clubs, retail shops, beauty and barber shops are permitted within motels containing 100 or more units. H. Hotels/motels in operation prior to January 1, 1970 have the capability to expand to a maximum density of 10 units per acre with or without individual kitchens. [Added 4-29-1991 ATM by Art. 41] §145-36. Accessory apartments in residential district. A. Purpose. Recognizing the need to provide alternative affordable housing for family members, the following regulations are established for accessory apartments in a residential district. It is expressly understood that this section does not provide for ""two-family"" or ""duplex"" type housing. [Added 12-4-1990 STM by Art. 9] B. An owner or owners of a single-family dwelling in an RA or RB District may apply to the Board of A §145-76. Legal abatement action. §145-77. Violations and penalties. ARTICLE XIV Applicability §145-78. Effective date of amendments. §145-79. Continuance of former bylaw. §145-80. Severability. ARTICLE XV Rate of Development and Subdivision Phasing §145-81 Purpose. §145-82 Applicability. §145-83 General. A. The creation of dwelling units under any program or statute intended to assist the construction of low- or moderate-income housing, as defined in the applicable statute or regulation, including Town bylaws. B. The creation of dwelling units for persons of 55 years and older through a properly executed and recorded deed restriction running with the land. §145-84 Limitation. A. Not more than a total of 28 building permits may be issued for new dwelling units within one calendar year. B. No more than three building permits shall be issued in any one calendar year for lots within the same subdivision; and no more than three building permits shall be issued in any one calendar year to the same individual or entity; and no more than three building permits shall be issued in any one calendar year for lots carved out of each tract of land shown on a plan endorsed by the Planning Board as ""Approval Not Required"" after the first publication of notice of this bylaw. C. The amendments to this bylaw shall take effect on the date such amendments are voted at the Town Meeting as provided for in Section 5 of Chapter 40A. Any of the 28 permits allowed for calendar year 2008, which have not been issued by the effective date of this amendment, shall be available for issuance pursuant to this amendment for the remainder of calendar year 2008. If in any y ormally be the equivalent to treating the date of receipt of such plans or data as the date of receipt of the application. (7) The report of the Board of Health may be accepted outside the bounds of the public hearing. The applicant is entitled to procedural due process before the Board of Health and may request a hearing from the Board of Health at the time of application. H. Approval and endorsement. (1) After the public hearing, the Board will decide whether or not to approve or disapprove the application, in accordance with the requirements of the Subdivision Control Law. The Board may make modifications and may impose reasonable requirements and conditions. The Board may require as a condition of approval that all ways, utilities, drainage systems and other municipal services be completed within two years or other such reasonable time frame. (3) Final approval, if granted, shall be endorsed on the original drawing of the definitive plan bay the signatures of a majority of the Board, but not until the statutory appeal period has elapsed following the filing of such approval with the Town Clerk and the Clerk has notified the Board that no appeal has been filed or, if an appeal has been filed, after the entry of ,the final decree of the court sustaining the approval of such plan: (4) The plans submitted for final approval shall make reference to the separate instrument identifying the conditions and requirements of such approval. (5) Prior to endorsing the final approval, such supplemental fees required for inspections, any additions to the 53G account and any amounts required to guarantee maintenance shall be submitted by the applicant. Such submissions shall be by separate certified or cashiers checks. The applicant shall submit a revised inspection schedule to facilitate in identifying such sums. (6) Prior to endorsing the final approval, the applicant shall provide an updated inspection plan. This shall be used to calculate the required supplemental and consulting fees related to inspections, subject to correction by the Board. For inspections per What year was the inclusionary/incentive provision adopted? Instructions: Answer the question using the context with an integer and explain your answer [/INST] I don’t know., This excerpt discusses Townsend’s affordable housing conditional density bonus, but no year is mentione for its enactment. " "[INST] Context: (6) The intent of this Subsection (6) is to increase the supply of housing in the Town of Wakefield that is permanently available to and affordable by low and moderate income households and to encourage a greater diversity of housing accommodations to meet the needs of families and other Wakefield residents; and developing and maintaining a satisfactory proportion of the Town's housing stock as affordable dwelling units. To that end, the Special Permit Granting Authority at the time of the granting of the special permit pursuant to § 190-32 may require the applicant to provide affordable dwelling units up to and including 18% of the total . number of dwelling units provided on the sites which is the subject of the § 190-32 application. Affordable dwelling units shall be defined as dwelling units which count toward the Town of Wakefield's Massachusetts General Laws, Chapter 4013 Subsidized Housing Inventory as the same may be amended from time to time. When the percentage calculation does not result in a whole number it shall be rounded to the nearest whole number, but not less than one. Thus if so required by the Special Permit Granting Authority, (a) The applicant shall submit to the Special Permit Granting Authority, a use restriction or regulatory agreement that establishes an affordability restriction for the maximum period allowed by law for the designated affordable dwelling units. The applicant shall provide, when requested by the SPGA, (1) a copy of the application for a Local Initiative Project or similar program, acceptable to the SPGA, that allows the units be added to the town's subsidized housing inventory under Massachusetts General Laws, Chapter 40B, as amended from time to time; ( 2 ) a complete draft regulatory agreement; and ( 3 ) a letter stating the site has been preliminarily approved by the Department of Housing and Community Development or successor agency. This is in order to ensure the long-term affordability of the designated affordable dwelling units. The applicant shall submit proof to the Special Permit Granting Authority that the u amendment by mutual agreement of the parties hereto. In the extent the work is not completed within the time set forth or as extended, said funds as retained by the Lender shall be made available to the Treasurer of the Town of Wakefield for completion of the work, and the Applicant shall be deemed to have authorized the release of said funds for said purposes, and to have relinquished all claims to said funds. In consideration of the foregoing, the Board hereby releases lots numbered ___________________ shown on said definitive plan from the provisions of said covenant and conditions therein imposed. The obligations of the parties hereunder are to be construed consistent with the subdivision control law, and no rights granted thereunder are waived. IN WITNESS WHEREOF, the parties hereto, being duly authorized, have executed this agreement as a sealed instrument on this ____________ day of ____________(month) ______(year). LENDER ___________________________________________ ___________________________________________ ___________________________________________ COMMONWEALTH OF MASSACHUSETTS ___________________SS. ____________________, 20___ Then personally appeared _______________________________ Chairman of Board ________________________________________________________ Lender Applicant and acknowledged the foregoing instrument to be their free act and deed, before me ___________________________ Notary Public My Commission Expires:__________ APPLICANT ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ NOTE: If applicant is a corporation, a vote of the Board of Directors of the corporation must be appended or filed with the Town of Wakefield. Wakefield PLANNING BOARD ____________________________ Chairman ___________________________ __________________________ ___________________________ __________________________ COMMONWEALTH OF MASSACHUSETTS ____________________ss. _________ 3.3 PERFORMANCE GUARANTEE 3.3.1 Election by Applicant An applicant may elect to complete a subdivision under either a Performance Bond, conditional Approval Contract, or Lender's Guarantee of Performance, and shall notify the board of his choice at the time of submission of the definitive plan. Execution of the Performance Bond Conditional Approval Contract or Leader's Guarantee of Performance must be completed before endorsement of the definitive plan by the Board. Securing the performance of the required improvements by a Performance Bond, or Lender's Guarantee of Performance will allow the applicant to construct structures prior to the release of the performance bond or guarantee. Prior to the issuance of a building permit, however, the street providing access to the proposed structure shall be paved with, at a minimum, a binder course of Class I bituminous concrete, satisfactory to the Town Engineer, all utilities must be installed and accepted by the Department of Public Works, the drainage system must be complete and operational, a hydrant shall be in working condition within two hundred and fifty (250) feet of the proposed structure, and all structures (gates, catch basins, manholes, etc.) shall be set flush with the binder pavement. 3.3.2 Performance Bond If he so elects, the applicant shall file with the board a bond (see Section VI Form E or F) conditioned on the completion of all required improvements within two years from the date of endorsement of the definitive plan, unless the Board in the particular instance approves a different period of time; said bond to be in sufficient sum, in the opinion of the Board, to cover the cost of construction of such improvements and so drawn as to insure their satisfactory completion. Such bond or security, if filed or deposited, shall be approved as to form and manner of execution by the town Counsel and as to sureties by the Town Treasurer. After completion of the subdivision and certification that the work has been completed to the satisfaction of the board and in accordance with the de ning district. [Amended TM 4/3/00] Table Table Regulation Legend Permitted by right - special permit sp = Permitted by Not permitted permitte Zoning Districts Principal Permit Uses GR MR[1] Residential and institutional uses Single-family detached dwelling Religious purpose Nonprofi educational library museum School educational use Charitable or philanthrop Railroad local passenger station Membership club (non Agriculture, horticult floricult use, for use only riculture, horticulture floricul use, site floricu. of acres more recreational Municipal administration public safety building Home occupation (as defined section 190-4) eservation conservation wildlif preserve Conversion pre-1935 - dwelling 2-family of at least 12,000 - feet feet (see Section Section 190- 32G) Conversion dwellin to family lot 1000 least 13,000 square feet (see square (sec Section 90-32G) Telephone exchange exchange public public office excludir storage repair Hospital, sanitarium home Cemetery 2-family dwelling Mobile home park SSR NB LJ MR[1] attached Garden apartment dxelling complex apartment Day-care center Family day-care home Accessory to permitted resident use Accessor apartment single Single uses set forth in as set [Added Section 5-10-1993 ATM by Art. 33 SP Accessory apartments in apartments Special Single single Special uses Section uses 100-224/11 (f) [Added section 5-19-1994 ATM by Art. 361 Business uses Retail store service service Amended 5-7-1992 ATM by Art. 33] Retail service to an industrial commercial use retail store or bank Rest Restaurant [Amended 6-7-1990 ATM Art 38; 5-23-1994 371 Art. ATM 1994 5-23 Fast food (Amended ATM by Art. 37 LI office dentist lawyer certified certified public public (CPA) accountant (CPA) not incidental residential use ional business and Profess Profess offices and financial Theater Theater, cinema bowling other alley other indoor Hotel cended for the occupatic Lodging rooming house Lodging unit Restaurant newsstand eparately, the number of parking spaces to be provided may be reduced accordingly. B. Table of Required Off-Street Parking. Off-street parking shall be provided for new structures and new additions or for changes in use in accordance with the following table. Table 3 Table of Required Off-Street Parking Principal Use,Number of Spaces Required 1- or 2-family houses,2.0 per dwelling unit Housing for the elderly (publicly assisted),0.5 per dwelling unit Multifamily dwellings or, attached dwellings, 2 bedrooms or fewer,1.5 per dwelling unit 3 bedrooms or more,2.0 per dwelling unit Hotels,""1.0 per 2 employees in maximum working shift, plus 1.0 per guest room, plus 1.0 per 3 seats in a restaurant, plus 1.0 per 200 square feet of space in function rooms not designed for eating"" Accessory lodgings or lodging,1.0 per room offered for rent ""Places of public assembly, such as churches, theaters, assembly halls, stadiums, clubhouses and function halls"",""1.0 per 5 seats or 10 linear feet of bench space or 50 square feet of floor area open to public assembly where no seats or benches are provided, plus 1.0 per 2 employees in the maximum working shift"" Principal Use,Number of Spaces Required Eating places serving food or beverages,""1.0 per 3 employees in the maximum working shift, plus 1.0 per 4 seats, plus 1.0 per 100 square feet of function rooms not designed for eating"" Funeral homes; undertakers,""1.0 per 4 seats or 1 per 50 square feet in parlors, whichever is greater"" Bowling alleys,2.0 per bowling alley ""Hospitals, chronic or convalescent sanatoriums and nursing or convalescent homes"",""1.0 per 2 employees in the maximum working shift, plus 1.0 per attending doctor, plus 1.0 per 2 patient beds"" Schools and museums,""2.0 per 3 staff members, plus 1.0 per 3 students of driving age (unless car usage is prohibited) or 1.0 per 6 seats in largest place of assembly (whichever is greater)"" Retail and service establishments,1.0 per 250 square feet of gross floor area(1) Business offices,1.0 per 250 square feet of gros What year was the inclusionary/incentive provision adopted? Instructions: Answer the question using the context with an integer and explain your answer [/INST] I don’t know. , This excerpt discusses Wakefield’s inclusionary incentive program, but does not provide the year of the program’s enactment. " "[INST] Context: SECTION 2.0. DISTRICTS 2.1 ESTABLISHMENT. For the purposes of this By-Law, the Town of Ashland is hereby divided into the following zoning districts: Residential Districts Residence A RA Residence B RB Residence Multifamily RM Commercial Districts Highway Commerce CH Downtown Commerce CD Village Commerce CV Neighborhood Commerce CN Office Commerce CO Industrial I Special Districts Wildwood Mixed Use Special District WMUSD Rail Transit District RTD Ashland Downtown District ADD Quarry Remediation District QRD Such districts shall be created and amended only by vote of the Town Meeting amending the Zoning Map. 2.2 OVERLAY DISTRICTS 2 In addition, the following overlay districts are also hereby established in Section 8.0: Floodplain Overlay District (FPOD) Groundwater Protection Overlay District (GPOD) Wireless Communication Service Overlay District (WCSOD 2.3 ZONING MAP. The boundaries of these districts are defined and founded on the map entitled, ""Town of Ashland, Massachusetts Zoning Map Index FY 2009,"" scale: 1"" = approx. 1000', effective date 9/7/72, revised date June 2008, a copy of which is on file in the office of the Town Clerk, and that the map and all explanatory matter thereon is hereby made a part of this chapter. 2.4 BOUNDARIES OF DISTRICTS. The following rules shall apply to the interpretation of the Zoning Map. 2.4.1 Boundary Lines within Public or Private Ways. Where the boundary line (or portion of a boundary line) of a zoning district is shown on the Map within the street line of a public or private way, the center line of such public or private way shall be the boundary line. 2 use unless approved by the Planning Board. 3. Capacity of any restaurant/snack bar shall not exceed sixty (60) seats unless approved by the Planning Board. 4. Ancillary uses located within a residential structure shall have no exterior advertising display except for signs approved by the Planning Board, with advice from the Inspector of Buildings. 5. No on-site public retail or professional services shall be permitted as primary or ancillary uses within a RA or RB zoning district. 7.4.7 Decision. The Planning Board may impose additional conditions not inconsistent with this or other sections of the Zoning By-Law. 7.5 MULTIFAMILY DWELLINGS 7.5.1 Administration. The Board of Appeals may grant a special permit for the construction and occupancy of multifamily dwellings on any parcel in excess of five (5) contiguous acres in the RM District subject to the following regulations and conditions. 7.5.2 Application. Applicants shall submit to the Board of Appeals five (5) copies of the following: 1. An application. 2. A site plan prepared by a registered architect, landscape architect and civil engineer, showing existing and proposed topography, proposed structures, drives, parking, landscaping and screening, utilities, drainage and reserved open space, if any. 3. A ground floor plan, sections and elevations of all proposed buildings. 4. Materials indicating the proposed number of dwelling units, distinguishing units by number of bedrooms and any special occupancies (elderly or handicapped); form of tenure and subsidies anticipated; rent or sales prices, including any commitments for price ceilings; methods of water supply and sewerage disposal; time schedule for construction of units and improvements; service improvements proposed at the developer's and those anticipated at the town's expense; and means, if any, of providing for design control. 7.5.3 Impact Statement. An analysis of the consequences of the proposed development, shall be submitted, evaluating the following imp wo-family dwellings. 5. In the CN District, access to the rear of the lot shall be via 16' drives. 6. In the CH, CD, and CV Districts: for single-family dwellings not connected to municipal water and sewer, increase minimum lot area by 50%; for two-family dwellings not connected to municipal water and sewer, increase minimum lot area by an additional 50%. 7. In the CN District, lot coverage by buildings shall not exceed 15%. 8. In the CO District, lot coverage by buildings shall not exceed 30% and minimum building separation shall be 20 feet. 9. In the CO District, the front, side and rear setback for office use shall be increased to 60' when all or any part of the front, side or rear yard includes the 100 foot buffer area provided for herein being a separate landscape buffer area along the northern edge of the zoning district, running easterly from a point on Chestnut Street, adjacent to land now or formerly of Frank Summers, a distance of 63.82 feet, and then running northerly along said land of Frank Summers a distance of 110 feet, and then running easterly along the northern boundary of the zoning district perpendicular to Mount View Drive, a distance of 566.31 feet, (the ""Northernmost Zone Line""). 10. In the CO District, the Front, Side and Rear Setbacks for Parking and Signs shall be increased to 100 feet when all or any part of the front, side, or rear yard includes the 100 foot buffer area provided for herein being a separate landscape buffer area along the northern edge of the zoning district, running easterly from a point on Chestnut Street, adjacent to land now or formerly of Frank Summers, a distance of 63.82 feet, and then running northerly along said land of Frank Summers a distance of 110 feet, and then running easterly along the northern boundary of the zoning district perpendicular to Mount View Drive, a distance of 566.31 feet, (the ""Northernmost Zone Line""). 4.1.3 Accessory structures. Accessory structures may not be placed within required yards, except that permitted signs or roadside stands may be located within a required front yard area, and a permitted on e (25) % maximum. 3. Dwelling Lot Coverage (density) - twenty-five (25) % maximum. 4. Floor Area Ratio - 0.5 maximum. 5. Distance between common use buildings/structures - thirty (30) feet. 6. Additional Parking Provisions - in addition to individual dwelling unit parking requirements addressed, supra, within the development, separated and screened from the majority of dwelling units, there shall be provided an additional paved and lined parking area, equivalent to twenty (20) % of that which is provided for dwelling units, for the longer-term parking and storage of recreation-type vehicles, not used on a daily basis; such area may additionally serve to accommodate overflow guest parking and may be located within any qualifying open space along the perimeter of the development. 7. The right-of-way network shall be so designed and constructed as not to allow vehicular traffic throughout the development from neighboring parcels or streets. Road signs shall be posted to indicate ""NOT A THRU STREET,"" or other appropriate wording, to temper unnecessary intrusion of off-site traffic. 8. Paved sidewalks shall be located and constructed to the bounds of the development from interior roadways to provide pedestrian access to neighboring streets and abutting parcels, if practical, as determined by the Planning Board. 9. Along the perimeter of the development parcel, for a depth of thirty (30) feet minimum, landscape greenery or other buffering/screening method(s), in place at the time of development, which can serve to obstruct the view of adjacent land use properties from one another, shall remain undisturbed; except for underbrush clearing and general maintenance. If such existing buffering/screening is deemed insufficient it shall be supplemented, as determined by the Planning Board. 10. Rights-of-way, driveways and sidewalks within the development shall meet such width, grades, radius of curvature and construction standards as required by the Planning Board Subdivision Rules and Regulations CHAPTER 282. ZONING How many zoning districts, including overlays, are in the municipality? Instructions: Answer the question using the context with an integer and explain your answer [/INST] 16, Based on the provided text, there are 16 zoning districts in the Town of Ashland, Massachusetts, including two overlay districts: 1. Residential Districts: * Residence A RA * Residence B RB * Residence Multifamily RM 2. Commercial Districts: * Highway Commerce CH * Downtown Commerce CD * Village Commerce CV * Neighborhood Commerce CN * Office Commerce CO * Industrial I 3. Special Districts: * Wildwood Mixed Use Special District WMUSD * Rail Transit District RTD * Ashland Downtown District ADD * Quarry Remediation District QRD 4. Overlay Districts: * Floodplain Overlay District (FPOD) * Groundwater Protection Overlay District (GPOD) * Wireless Communication Service Overlay District (WCSOD)" "[INST] Context: ng buildings and STRUCTURES to be externally enlarged or expanded in ground area to an extent greater than 30% of internal floor areas or ground coverage; of six hundred square feet, whichever is larger, plot plans shall show existing and approved abutting street grades, the proposed elevation of the top of the. foundation of existing and proposed buildings or STRUCTURES, existing and proposed topography, existing septic disposal systems, private wells, wetland boundary delineations as approved by the Conservation Commission, gas, water and other public utilities in the abutting street and the zoning classification of the abutting properties. PLOT plans shall also show such other information as may be necessary to provide for the verification of compliance with the applicable provisions and the enforcement of this Bylaw, including, but not limited to, off street parking, SCREENING and fencing. PLOT plans shall be certified by a registered professional engineer or land surveyor. A record of all applications, plans, and permits shall-be kept on file by the BUILDING COMMISSIONER/Zoning Enforcement Officer. 3.7.3.The requirements of this section may be waived by the BUILDING COMMISSIONER upon a determination that an application for a building permit to alter or expand an existing dwelling unit, or for an occupancy permit, clearly complies with the provisions of this Bylaw. 3.8. Lots in Two Towns. When a LOT in one ownership is situated so that a part of it is in the Town and part is in an adjacent Town, the provisions of this Bylaw shall be applied to that portion of the LOT which lies in the Town in the same manner as if the entire LOT were situated therein; i.e., the entire area and FRONTAGE shall be considered in determining conformity to the dimensional requirements herein. The use of the portion of the LOT in the Town shall conform to the provisions herein. 3.9. Lots Divided by Zoning Boundary Where a boundary line between zoning d wn of Merrimac on file with the Town Clerk. Said map as from time to time amended is hereby made a part of this by-law. VR Village Residential SR Suburban Residential AR Agricultural Residential LA Lake Attitash VC Village Center RH Rural Highway HS Highway Services OI Office-Light Industrial RA Rural Agricultural Preservation Overlay District FP Floodplain District WRPD Water Resource Protection District BM Birch Meadow Overlay District **Webmasters Note: The previous district has been added as per an update approved at a town meeting held 4/30/07. 1.5 Zoning Map. The OFFICIAL ZONING MAP, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Bylaw. 1.5.1. The OFFICIAL ZONING MAP shall be located in the office of the Town Clerk. The authenticity of the Zoning Map shall be identified by the signature of the Town Clerk and the imprinted seal of the Town under the following words: This is to certify that this is the Zoning Map of the Town of Merrimac, Massachusetts, referred to in the Town of Merrimac Zoning Bylaw, June 5, 1975, as amended through May 3, 2004. 1.5.2. Changes in district boundaries or other matters portrayed on the OFFICIAL ZONING MAP shall be indicated by the alteration of such map, and the map thus altered as declared to be part of the Bylaw thus amended. Such changes shall be made within 14 days of final approval of amendments by the Attorney General's Office. The Building Commissioner shall be responsible for making changes to the Zoning Map. 1.5.3. No changes of any nature shall be made in the OFFICIAL ZONING MAP or matters shown thereon except in conformity with the procedures set forth in this Bylaw. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this Bylaw and punishable under the provisions of Article 24 of this Bylaw. 1.5.4. Regardless of the existence of purported copies of the Zoning Map which may be made or published from time to time, the OFFICIAL ZONING MAP located in the office of the Town Clerk ZONING BYLAW rticle 14 to be within a Water Resources Protection Overlay District, then the more restrictive regulations of Article 14 shall prevail. 6.6.1. Minimum LOT AREA: 87,120 square feet (ft2) 6.6.2. Minimum FRONTAGE: 200 feet 6.6.3. Lot Width: 180 feet 6.6.4. Maximum Building Height (Feet): 35 feet 6.6.5. Maximum Building Height (Stories): 2 1/2 stories 6.6.6. Maximum LOT COVERAGE: 25% 6.6.7. Minimum Front Yard Setback: 50 feet 6.6.8.Minimum Side Yard Setback: 30 feet **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held on 5/2/05. 6.6.9.Minimum Rear Yard Setback: 30 feet **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held on 5/2/05. 6.7. Special Permits in the Agricultural Residential District. 6.7.1. The SPECIAL PERMIT Granting Authority (SPGA) for uses and STRUCTURES in the Agricultural Residential District shall be the Planning Board. 6.7.2. Requirements. An application for a SPECIAL PERMIT in the Agricultural Residential District shall include a written description of the proposal for which a SPECIAL PERMIT is requested and a Site Plan prepared by a Registered Professional Engineer and/or Registered Land Surveyor at an appropriate scale to clearly show dimensions, legend, and all other information deemed necessary to describe the site and its conditions. 6.7.3. SITE PLAN REVIEW. The site plan review requirements of Article 19 of this Bylaw shall apply to SPECIAL PERMITS in the Agricultural Residential District. For uses allowed by SPECIAL PERMIT, site plan review shall be conducted concurrently with the SPECIAL PERMIT application, review and determination procedures. 6.7.4. Referral. The Planning Board shall refer a SPECIAL PERMIT application to the Police, Fire, Water and Sewer Departments, the Board of Health, the Conservation Commis ded by a curve having a radius of less than 100 feet. COVERAGE . As used in this Bylaw, ""coverage"" is classified according to the following terms and meanings: 1. BUILDING COVERAGE: The maximum percentage of a LOT in any district which is covered by STRUCTURES which constitute principal and accessory uses thereof. For the purposes of this section, uncovered swimming pools; tennis courts and decks of one hundred square feet or less shall be exempt from the definition of building coverage. Garages, barns, storage sheds or additions and alterations to the principal residential building occupying the LOT shall not be exempt from the definition of building coverage. 2. LOT COVERAGE: The percentage of a LOT in any district which is covered by impervious surfaces, including the principal building and accessory STRUCTURES on the LOT. For the purposes of this section, such impervious surfaces shall include, and not be limited to, paved driveways and parking areas, sidewalks constructed of impervious materials, principal and accessory STRUCTURES, and other on-site amenities that render any portion of a LOT impervious. DWELLING UNIT : A room or group of rooms forming a habitable unit for one family with the facilities which are used or intended to be used for living, sleeping, cooking and eating. EARTH REMOVAL : Stripping, digging, excavating or blasting soil, loam, sand or gravel from one LOT and removing or carrying it away from said LOT to other LOTS or places. EAVE : The projecting lower edges of a roof overhanging the wall of a building. ELDER CARE : Any building or facility providing medical services or assistance with daily living activities for residents over 62 years of age on an out patient or live-in basis. ELDERLY HOUSING : A single-family, Townhouse or MULTI-FAMILY residential development consisting of multiple dwelling units on one single contiguous parcel, restricted for occupancy by households with at least one family member who is 55 years of age or older. FAMILY DAY CARE : CHILD CARE or day care provi How many zoning districts, including overlays, are in the municipality? Instructions: Answer the question using the context with an integer and explain your answer [/INST] 12, Based on the provided Zoning Bylaw, there are twelve (12) zoning districts in the municipality, including two overlays: 1. VR Village Residential 2. SR Suburban Residential 3. AR Agricultural Residential 4. LA Lake Attitash 5. VC Village Center 6. RH Rural Highway 7. HS Highway Services 8. OI Office-Light Industrial 9. RA Rural Agricultural Preservation Overlay District 10. FP Floodplain District 11. WRPD Water Resource Protection District 12. BM Birch Meadow Overlay District" "[INST] Context: ARTICLE IV REGULATIONS OF OVERLAY DISTRICTS § 97-4. Regulations of Overlay Districts. A. General: (1) The following special districts are superimposed over specific parts of the Town (as described within each overlay district), and may establish requirements over and above those described in the respective underlying districts. All applicable regulations, whether Federal, State, or local, if more restrictive, shall also apply. B. Water Supply Protection (1) Purpose: (a) To promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses of the Town of Newbury; (b) To preserve and protect existing and potential sources of drinking water; (c) To conserve the natural resources of the Town of Newbury; and (d) To prevent temporary and permanent contamination of the environment. (2) Allowed Uses: (a) Residential development, subject to § 97-3C(2) (Prohibited Uses) and § 97-3C(3) (Uses and Activities by Special Permit); (b) Maintenance, repair, and enlargement of any existing structure, subject to § 97-3C(2) (Prohibited Uses) and § 97-3C(3) (Uses and Activities by Special Permit; (c) Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, subject to § 97-3C(2) (Prohibited Uses) and § 97-3C(3) (Uses and Activities by Special Permit; (d) Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply, and conservation devices; (e) Construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels. Underground storage tanks related to these activities are not categorically permitted; (f) Foot, bicycle, and/or horse paths, and bridges; (g) Nature study and outdoor recreation, including play areas, boating, fishing, swimming, and hunting where otherwise legally permitted; (h) Conservation of soil, water, plants 11. The decision of the Board of Selectmen and any extension, modification, or renewal thereof shall be filed with the Board and Town Clerk within 90 days following the closing of the public hearing. Failure of the Board to act within 90 days shall be deemed as a granting of the permit. However, no work shall commence until a certification is recorded as required by said Section 11; (h) Written notice of any violations of this Section shall be given by the Building Inspector to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the Board of Health, Conservation Commission, Water Department, and Planning Board. The cost of containment, cleanup, or other action of compliance shall be borne by the owner and operator of the premises. For situations that require remedial action to prevent adverse impact to the water resources within the Water Supply Protection District, the Building Inspector, the Board of Health, or their agents, may order the owner or operator of the premises to remedy the violation. If said owner and/or operator fails to comply with said order, the Building Inspector, the Board of Health, or their agents, if authorized to enter upon such premises under the terms of the special permit or otherwise, may act to remedy the violation. The cost of remediation shall be the sole responsibility of the owner and operator of the premises. C. Wireless Communications Services Overlay District. [Added 4-24-2001 ATM Art. 26; amended 6-26-2001 STM Art. 7] (1) Purpose: (a) The purpose of this Zoning Bylaw is to establish a district in which wireless communications services may be provided while preserving and ARTICLE II USE DISTRICTS § 97-2. Establishment of Use Districts. A. Types of Use Districts: For the purpose of this By-Law, the Town of Newbury is hereby divided into the following types of use districts: (1) Agricultural Residential (R-AG) (2) Parker River Residential (PR) (3) Residential-Limited Business (R-LB) (4) Business (B) (5) Commercial Highway (CH) (6) Commercial Highway A (CHA) (7) Industrial (I) B. Location of Districts. (1) Zoning Map. The Planning Board of the Town of Newbury shall prepare and periodically update as required, a Zoning Map, which Zoning Map shall show all zoning use districts within the Town in a manner sufficient for identification.1 The Zoning Map shall be a part of this By-Law; provided, however, that in the event of any inconsistency between the written provisions of this By-Law and said Zoning Map, the written provisions of this Zoning By-Law shall prevail. (2) Written Description of Use Districts: (a) Agricultural Residential districts shall include all portions of the Town not otherwise classified; (b) Parker River Residential. This district shall constitute a certain parcel of land situated east of High Road and north of the Parker River in the Town of Newbury, bounded and described as follows: Beginning at a point in the easterly sideline of High Road at the northwesterly corner of the said parcel of land at the southwesterly corner of land of or formerly of The Society for the Preservation of New England Antiquities, said point being about 885 feet south of the southerly intersection of the sidelines of High Road and Cottage Road Thence running: Easterly about 210 feet by said land of, or formerly of, The Preservation of New England Antiquities to a corner, Thence running: Northerly about 135 feet by said land of, or formerly of, The Preservation of New England Antiquities to a corner of land reet other than a street created by the OSRD; provided, however, that the Planning Board may waive this requirement where it is determined that such reduced lot(s) will further the goals of this By-Law; (b) At least 50% of the required setbacks for the district shall be maintained in the OSRD unless a reduction is otherwise authorized by the Planning Board. Where structures containing three to four dwelling units are being proposed, the side lot lines between units may be 0 feet, however the distance between structures shall be a minimum of 20 feet; (c)Minimum Frontage: The minimum frontage may be reduced from the frontage otherwise required in the zoning district; provided, however, that no lot shall have less than 50 feet of frontage; (d) Setbacks: Every dwelling fronting on the proposed roadways shall be set back a minimum of 20 feet from the roadway right-of-way, and 10 feet from any rear or side lot line. In the event that dwellings are located on exclusive use areas or contain no interior lot lines, a minimum distance of 20 feet between single and two-family dwellings shall be required. (11) Increases in permissible density. The Planning Board may award a density bonus to increase the number of dwelling units beyond the Basic Maximum Number. The density bonus for the OSRD shall not, in the aggregate, exceed fifty percent (50%) of the Basic Maximum Number. Computations shall be rounded to the lowest number. A density bonus may be awarded in the following circumstances: (a) For each additional ten percent (10%) of the site (over and above the required 50%) set aside as open space, a bonus of one additional unit or five percent (5%) of the Basic Maximum Number, whichever is greater, may be awarded. (b) For every one (1) dwelling unit restricted to occupancy for a period in perpetuity by persons or families who qualify as low or moderate income, two (2) dwelling units may be added as a density bonus for each low income unit, one (1) dwelling unit as a bonus for each moderate income unit. (c) For every historic structure preserved and subject to a historic preservation restriction, one (1) dwelling unit m f the right-of-way of I-95 and Central Street 800 feet wide and extending northerly 400 feet. An area at the Northwestern Junction of the right-of-way of I-95 and Central Street 225 feet deep and extending westerly along Central Street 300 feet to the Junction of Church Street. An area located at the Northeast Junction of U.S. Rt. #1 and Hanover Street bounded on the east by the B & M Railroad right-of-way, on the south by the center line of Hanover Street and on the west by the center line of U.S. Rt. #1. An area located on the northerly side of Scotland Road bounded on the west by the right-of-way of U.S. Rt. 95, on the south by Scotland Road, on the east and northeast by the easterly property line of Lot 1 Assessors' Map R-44, now or formerly of Bartlett, and on the north by the City Line of Newburyport and the Town Line of West Newbury. (f) Commercial Highway District A: An area at the Southwest Junction of the right-of-way of I-95 and Central Street, 500 feet wide and extending southeasterly to the Parker River. (g) Industrial: A.500 foot strip along the south bank of the Parker River in Precinct 1 extending for a distance of 1,000 feet west and 1,000 feet east of the Parker River Bridge on U.S. Route 1A, less any portion of Lot #78 Assessors' Map R-11. A.500 foot strip along the south bank of the Parker River extending from Main Street to Route 95. That portion of Precinct 1 bounded on the north by Newburyport line, on the east by a line 1,000 feet east of the parallel to the right-of-way of the Boston and Maine Railroad, Main Line, on the south by Hanover and Middle Streets, and on the west by Highfield Road and Scotland Road. Except that section which is bounded on the east by the B & M Railroad right-of-way, on the south by the center line of Hanover Street, and the west by the center line of U.S. Rt. #1. C. Overlay Districts. The following special districts are superimposed ov How many zoning districts, including overlays, are in the municipality? Instructions: Answer the question using the context with an integer and explain your answer [/INST] 9, Based on the provided text, there are nine (9) zoning districts in the Town of Newbury, Massachusetts, including two overlay districts: 1. Agricultural Residential (R-AG) 2. Parker River Residential (PR) 3. Residential-Limited Business (R-LB) 4. Business (B) 5. Commercial Highway (CH) 6. Commercial Highway A (CHA) 7. Industrial (I) 8. Wireless Communications Services Overlay District 9. Water Supply Protection Overlay District (not explicitly listed as a separate district but mentioned as part of Article IV Regulations of Overlay Districts)" "[INST] Context: paces--for every family dwelling unit. b. Apartment and town houses., One and one-half (1 1/2) for every family dwelling unit. (2) Banks and financial services; business and professional offices.,""One (1) for every employee and, in addition, two (2) for every office but in no event less than one (1) for every one hundred fifty (150) square feet of gross floor area."" (3) Light industrial use.,""One (1) for every one and one-half (1 1/2) persons employed or anticipated to be employed on the largest shift for all types of shops, buildings, or structures used for research, laboratory manufacturing, and one (1) additional for every vehicle used in connection with the business."" (b) In computing gross floor area, the entire floor area of each structure shall be included. (c) The design standards for off street parking shall be in compliance with section 6.1.5 of the city ordinance. (d) The off street loading requirements for all uses located within a municipal properties reuse development shall comply with section 6.2 of the city ordinance or bylaw. (Ord. of 9-16-82, § 4) 4.6 DESIGNATED DEVELOPMENT DISTRICT (DDD) 4.6.1 Purposes. The designated development district and uses created herein are intended to: (a) Encourage a regional node and cohesive community of compatible mixed uses including office, research and development and light manufacturing supported by hotels, restaurants, retail shopping, and recreational facilities within the designated development district. (b) Establish incentives to encourage desirable land uses and coordinated land assembly for development. (c) Reduce the number of regulations to a small set of essential standards for density, dimensions, and parking. (d) Establish design and development guidelines to clarify city goals, assist developers, and result in coordinated signage and lighting, compatible architecture, and site work throughout the district. (e) Establish development plan review to ensure quality and intent of proposed projects. (f) Establish site specific performance standards to regulate ng for one family in a connected row of three (3) or more dwellings, where one family is not living over another. MUNICIPAL PROPERTIES REUSE DEVELOPMENT (MPRD) : A municipal properties reuse development shall mean the development of municipal properties no longer serving a municipal purpose, as a single entity, in which a mixture of residential, open space, commercial, and light industrial uses, and a variety of building types and designs, are determined to be sufficiently advantageous to render it appropriate to grant a special permit to the extent authorized by this zoning ordinance. (Ord. of 9-16-82, § 1) NATURAL WOODLANDS : A grouping of mature indigenous trees with a minimum density of twenty (20) trees of six (G) inches' diameter or greater per ten thousand (10,000) square feet throughout (Ord. of 5-9-97, § 1) NEIGHBORHOOD BUFFER : A landscaped area sufficient in depth and screening to visually separate one land use from one another. (Ord. of 5-9-97, § 1) NURSING HOME : Any place or institution for the aged, infirm, chronic or convalescent whether conducted for charity or for profit which is established to render domiciliary care, custody, treatment or lodging for three (3) or more unrelated persons who require or receive assistance in ordinary daily activities of life or who are confined to bed or chair. (This term includes boarding and rooming houses for aged people, convalescent homes, rest homes, homes for the aged or infirm and convalescent homes for children, but does not include hospitals, clinics and similar institutions devoted primarily to the diagnosis and treatment of disease, injury, maternity cases or mental illness.) ONE-FAMILY DWELLING : A detached dwelling designed for and occupied by a family excluding mobile homes. (Ord. of 5-10-84, § 4) ORNAMENTAL TREE : A small to medium size deciduous tree, noted for its form, leaf color, texture, flowers, or fruit, used to provide vegetative screening along a driveway, beside a building, or within a landscaped buffer. (Ord. of 5-9-97, § 1) OVERLAY ZONE Appendix B: Zoning Index ALCOHOLIC BEVERAGE ESTABLISHMENTS Dimensional regulations (5.5) APPEALS, BOARD OF. See: BOARD OF APPEALS AUTOMOBILE SERVICE STATIONS Dimensional regulations (5.6) B-C CENTRAL BUSINESS DISTRICT Landscaping (6.5) Sign regulations (6.3.3(a)) Special permit uses (4.4.8) B-H HIGHWAY BUSINESS DISTRICT Landscaping (6.5) Sign regulations (6.3.3(b)) B-H2 BUSINESS HIGHWAY LIGHT INDUSTRY DISTRICT Landscaping (6.5) Sign regulations (6.3.3(b)) B-N NEIGHBORHOOD CONVENIENCE BUSINESS DISTRICT Landscaping (6.5) Sign regulations (6.3.3(a)) BOARD OF APPEALS Established (7.6.1) Powers (7.6.2) Procedure (7.6.3) Repetitive petitions (7.11.2) Rules (7.6.4) BOUNDARIES District boundaries (3.3) BR REGIONAL BUSINESS DISTRICT Landscaping (6.5) Sign regulations (6.3.3(c)) BUILDINGS Building permit Permit plan (7.2.3) Plat of lot (7.2.2) Required (7.2.1) Temporary permit (7.3) Time limit re ordinance amendment (7.2.4) Certificate of occupancy (7.4) Dimensional regulations (5.1 et seq.) See: DIMENSIONAL REGULATIONS Nonconformance (1.5) Permits. See herein: Building Permit Special permit uses (4.4 et seq.) See: SPECIAL PERMIT USES Temporary permit. See herein: Building Permit CERTIFICATES Buildings and mobile homes; certificate of occupancy (7.4) CITY COUNCIL Repetitive petition (7.11.1) Special permits Powers and duties re (7.7.1) Procedures (7.7.3) Rules (7.7.2) CLUSTER DEVELOPMENT Special permit uses (4.4.4) COMMUNICATION TOWERS Dimensional regulations (5.8) CONTINUING CARE RETIREMENT COMMUNITIES Multiple lots (4.8.2) Scope (4.8.1) Lot requirements (4.8.3) CORNER INTERSECTIONS Traffic visibility across (6.6) DDD DESIGNATED DEVELOPMENT DISTRICT Development plan review Final development plan review (4.6.3(c)) Preapplication conference (4.6.3(a)) Preliminary development plan review (4.6.3(b)) Procedure and time frame (4.6.3(d)) Parking ratio (4.6.6) Peabody designated development district capital facilities ordinance Authority (4.6.7(b)) Intent and purpose (4.6.7(c)) Liberal construction and separability (4.6.7(e)) Site plan review and special permit requirement (4.6.7(d)) Title (4.6.7(a)) Violation and penalty (4.6.7(f)) Permitted uses Generally (4.6.4(a)) Nonconformance (4.6.4(d)) Special permit uses (4.6.4(b)) Use limitation (4.6.4(c)) Purposes (4.6.1) Reviewing authority (4.6.2) Schedule of density and dimensional regulations (4.6.5) Section 3: Establishment of Zoning Districts 3.1 CLASSES OF DISTRICTS For the purpose of this ordinance, the City of Peabody is hereby divided into the following zoning districts: District,General Purpose R-1,Single Family Residence R-1A,Single Family Residence R-1B,Single Family Residence R-2,Single Family and Two Family Residence R-3,Multiple Family Residence R-4,Multiple Family Residence R-5,Multiple Family Residence PRD,Planned Residential Development MH,Mobile Homes B-R,Regional Business B-C,Central Business B-H,Highway Business B-H2,Business Highway Light Industry B-N,Neighborhood Convenience Business B-N2,Neighborhood Business I-L,Light Industry I-P,Industrial Park DDD,Designated Development District FPWD,Flood Plain/Wetlands District MPRD,Municipal Properties Reuse District MU,Mixed Use Overlay Zone HP,Hillside Protection Overlay Zone SWPD,Surface Water Protection District GPD,Groundwater Protection District (Ord. of G-27-78, 1(3.1); Ord. of 10-1-81, § 1; Ord. of 9-1G-82, § 3; Ord. of G-23-83, § 1; Ord. of 5-10-84, § 11; Ord. of 10-11-84, 7; Ord. of 11-21-9G, § 4; Ord. of 5-14-98, § 1) Editors Note: The DDD, designated development district, has been added to subsection 3.1 by the editor in light of an ordinance adopted April 28, 1988. 3.2 INCORPORATION INTO ZONING MAPS Said districts are as shown, defined and bounded on the maps accompanying this ordinance, entitled ""City of Peabody, Mass, Zoning Map, 1975, Scale: 1"" = 800""' and ""City of Peabody, Mass. Wetlands Conservancy Map, Scale: 1"" = 800""', both of which are on file in the office of the city clerk and with the planning board. The zoning maps, with all explanatory matter thereon, are made part of this ordinance. 3.3 BOUNDARIES OF DISTRICTS The district boundaries shall be as shown on the zoning maps, the scale of the maps and the figures entered to serve as guides. Where boundary lines run parallel to and a distance of approximately one hundred (100) feet from street lines, said distances shall be deemed to be one hundred (100) feet. Where building lines for business and industrial districts are hereafter established by the city, the district boundary lines may be measured from the new street line. 3.4 LOTS IN TWO DISTRICTS When a district boundary line divides a lot in single or joint ownership at the time such line is established, a use permitted on the less restricted portion may be extended into the more restricted portion, but in no case more than twenty-five (25) feet over the established line. This section shall not apply to the flood boundary district and wetlands conservation district (Ord. of 10-23-80, § 1) nstructed, changed, enlarged or permitted and no use of premises in any district shall be permitted which does not conform to the dimensional controls set forth herein except in the MU district where up to thirty (30) percent of such standards can be waived through granting of a special permit. (Ord. of 10-11-84, § 14) 5.2 Schedule of Dimensional Controls Districts,Minimum Lot Dimensions (1),,Minimum Yard (2),Depths,,Maximum Height (3),Maximum Lot Coverage (4),Maximum Floor Area Ratio (5),Minimum Buildable (6),Area ,Area (sq. ft.),Frontage (ft.),Front (ft.),Side (ft.),Rear (ft.),(ft.),,,Width (ft.),Depth (ft.) R-1,,,,,,,,,, Single Family,""20,000"",125,25,20,35,30,25%,--,60,40 R-1A,,,,,,,,,, Single Family,""15,000"",125,20,15,35,30,30%,--,60,40 R-1B,,,,,,,,,, Single Family,""10,000"",100,25,20,35,30,30%,--,50,35 R-2,,,,,,,,,, One-Family,""5,000"",50,15,10,35,30,35%,--,25,35 Two-Family,""7,500"",50,15,10,35,30,35%,--,25,35 R-3 Districts,Minimum Lot Dimensions (1),,Minimum Yard (2),Depths,,Maximum Height (3),Maximum Lot Coverage (4),Maximum Floor Area Ratio (5),Minimum Buildable (6),Area ,Area (sq. ft.),Frontage (ft.),Front (ft.),Side (ft.),Rear (ft.),(ft.),,,Width (ft.),Depth (ft.) Multiple Family Residence,""10,000 or 1,500 s.f."",60,20,10,35,35,20%,.2,30,20 R-4 Districts,Minimum Lot Dimensions (1),,Minimum Yard (2),Depths,,Maximum Height (3),Maximum Lot Coverage (4),Maximum Floor Area Ratio (5),Minimum Buildable (6),Area ,Area (sq. ft.),Frontage (ft.),Front (ft.),Side (ft.),Rear (ft.),(ft.),,,Width (ft.),Depth (ft.) Multiple Family Residence,""30,000 or 750 s.f. Per bedroom Whichever is greater"",75,20,15,35,50,35%,1.6,35,25 R-5 Districts,Minimum Lot Dimensions (1),,Minimum Yard (2),Depths,,Maximum Height (3),Maximum Lot Coverage (4),Maximum Floor Area Ratio (5),Minimum Buildable (6),Area ,Area (sq. ft.),Frontage (ft.),Front (ft.),Side (ft.),Rear (ft.),(ft.),,,Width (ft.),Depth (ft.) Multiple Family,20 ac.,none,25,25,25,35,35%,--,, PRD,,,,,,,,,, Single Story,5 ac. (e),none,15,10,25,20,35%,--,, Multi-Story,5 ac., How many zoning districts, including overlays, are in the municipality? Instructions: Answer the question using the context with an integer and explain your answer [/INST] 24, There are 24 zoning districts in Peabody, including two overlay districts. R-1,Single Family Residence R-1A,Single Family Residence R-1B,Single Family Residence R-2,Single Family and Two Family Residence R-3,Multiple Family Residence R-4,Multiple Family Residence R-5,Multiple Family Residence PRD,Planned Residential Development MH,Mobile Homes B-R,Regional Business B-C,Central Business B-H,Highway Business B-H2,Business Highway Light Industry B-N,Neighborhood Convenience Business B-N2,Neighborhood Business I-L,Light Industry I-P,Industrial Park DDD,Designated Development District FPWD,Flood Plain/Wetlands District MPRD,Municipal Properties Reuse District MU,Mixed Use Overlay Zone HP,Hillside Protection Overlay Zone SWPD,Surface Water Protection District GPD,Groundwater Protection District" "[INST] Context: SECTION 2000. DISTRICTS 2100. ESTABLISHMENT. For the purpose of this Bylaw, the Town of Pepperell is divided into the types of zoning districts set forth below: Rural Residence RR Town Residence TR Recreational Residence RCR Suburban Residence SR Urban Residence UR Commercial C Industrial I 2200. OVERLAY DISTRICTS. In addition, the following overlay districts are also hereby established in Section 8000: Mixed-Use MUOD Sewer District SD Water Resource Protection WRPOD Wireless Communications WCOD 2300. MAP. The location and boundaries of the zoning districts and any special districts are established as shown on a map entitled ""Town of Pepperell Official Zoning Map"" dated 5/3/10. The districts are, as defined or delineated by this map and may be additionally described in written addendums to the map. Both the map and any written addendum are on file in the Office of the Town Clerk and the Office of the Board of Selectmen. The map, including all explanatory legend and memoranda thereupon or attached thereto (i.e. the addendum) is hereby declared to constitute the Official Zoning Map of the Town of Pepperell. Any alteration in the location of the boundaries of a zoning district or special district hereafter approved by Town Meeting, and subsequently the Attorney General, shall be reflected in a corresponding alteration of the Map (including any addendum), and the Map, thus altered, is declared to be part of the Bylaw thus amended. Direct photographic reproductions of this Zoning Map may serve as copies of the Zoning Map.1 2310. Rules for interpretation of zoning district boundaries. Where uncertainties exist as to the boundaries of districts as shown on the Official Zoning Map the following shall apply: 2311. Where the boundary lines are shown upon the Map within the side lines of pu effective date of this section, lying within the Sewer District and having legal access to the sewers of the Town of Pepperell, shall connect to the municipal sewer system by a sufficient drain, prior to any use or occupancy thereof. All single family residences existing at the effective date of this section shall be allowed access to the municipal sewer system. Any single family residence existing at the effective date of this section which is outside the Sewer District but directly abutting a parcel within the Sewer District may be allowed access to the municipal sewer system through proof of demonstrated hardship circumstances and by the permission of the Board of Public Works. No other properties outside the Sewer District shall be allowed access to the municipal sewer system. 8450. Authority. The Board of Public Works shall be the enforcement authority of the Sewer District. All connections to the municipal sewer system shall be directed as defined by the Sewer Division of the Department of Public Works. 8500. MIXED USE OVERLAY DISTRICT 8500. Purpose. The Mixed Use Overlay District (sometimes referred to herein as a ""MUOD""), allows by Special Permit from the Planning Board an alternative pattern of land development to the pattern normally permitted in the underlying District(s). A Mixed Use District Overlay shall be permitted by Special Permit in the Commercial or Industrial Districts provided the area to be so designated shall have at least five (5) acres (inclusive of wetlands). It is intended to create mixed commercial, residential, and open space areas, called Mixed Use Developments (sometimes referred to herein as MUD""), where the visual and physical dominance of the automobile is made secondary to pedestrian needs; to encourage pedestrian activity by creating a pleasant, rich and diverse experience for pedestrians; to reduce traffic congestion and air pollution by providing opportunities for retail services, housing and employment in close proximity; and to encourage the sharing of parking lots and driveway curb cuts, minimizing the amount of paved par low, all uses permitted in a Commercial District shall be eligible for consideration as part of a MUD. In addition to the foregoing, the following types of uses shall be eligible for consideration as part of a MUD: 8531. Multifamily Dwellings - defined as a structure or structures containing three or more residential units. 8532. Municipal Facilities - defined as facilities owned or operated by the Town of Pepperell. 8533. Underground and Above Ground Utilities 8534. Parking Facility - defined as a structure or structures permitting above ground or below grade parking including parking at or below grade under a building. 8535. Prohibited Uses. a. Notwithstanding the foregoing, the following uses shall be expressly PROHIBITED in the Mixed Use Overlay District: b. Motor vehicle sales and rental c. Motor vehicle light service d. Motor vehicle general and body repair e. Car Wash f. Commercial Kennel g. Flea Market h. Drive through service for fast food establishments 8540. Density. 8541. Business Professional Office or Retail uses shall comprise a minimum of 10% of the floor area of permitted uses in a MUD. 8550. Dimensional Requirements. The dimensional requirements below shall apply to the Mixed Use Overlay District: 8551. Minimum contiguous area required for a Mixed Use Overlay District shall be five (5) acres. A Mixed Use Overlay District shall consist of one or more lots. 8552. Minimum lot frontage shall be 100 feet for lots within the Mixed Use Overlay District. 8553. Minimum lot width shall be 100 feet for lots within the Mixed Use Overlay District. 8554. The minimum front yard for lots within the Mixed Use Overlay District shall be 30 feet. 8555. The minimum Side Yard and Rear Yard for lots within the Mixed Use Overlay District shall be as set forth in Section 4140 of the Bylaw for the underlying zoning district. 8556. There shall also be at least 15 feet separation between any two structures in the MUD and the areas behind and between all structures shall be clear and accessible to the Town's fire suppression vehicl es. G. The location and total number of all existing and proposed permanent monuments marking streets and ways within the subdivision and/or marking the four major corners of each lot. H. Data to determine the location of every lot line and boundary line, sufficient to locate these lines on the ground, using permanent bounds; direction, using bearings to the nearest second; length, to the nearest one hundredths foot; and the areas of the lots shown on the plan to the nearest square foot, with lot numbers shown enclosed in a circle. The building envelope as defined by the appropriate zoning offsets, and the lot shape factor, in accordance with zoning by-law, shall be shown for each new lot. I. Certification as to the frontage and area of any remaining adjoining land either owned by the applicant or shown in a cited subdivision plan of record. J. Notice of any special permits and/or variances issued as to land or buildings thereon. K. A statement inscribed on the plan certified by a registered land surveyor or registered professional engineer that each lot meets Pepperell zoning requirements or that the area and frontage of the lots have been approved in a special permit for cluster development with the special permit identification number and certification that each lot proposed for building contains thirty thousand (30,000) contiguous square feet of area, exclusive of wetland and flood hazard areas. If the property is in one of the three Water Resource Protection Overlay Districts (WRPOD), a certification must also be included stating the lot contains the appropriate dry area excluding surface waters and flood hazard areas as defined Section 8100 of the Zoning By-law. No plan of a subdivision shall be approved unless all of the lots shown comply with the Zoning By-law. L. A locus plan showing the area described in subsection 4.3.1.A subdivided as shown with all lots and streets on a scale identical to the scale of the appropriate Pepperell Assessors' map(s). M. All existing drainag CASE NO. 3381 TOWN MEETING HELD 5/2/05 ZONING MAP AMENDMENT ARTICLE 14 By: Board of Public Works SEWER OVERLAY DISTRICT To see if the Town will vote to amend the Official Zoning Map of the Town of Pepperell by adding a Sewer Overlay District, as delineated on a map entitled ""Proposed Sewer District Overlay Map"" dated March 22, 2005 and drawn by R.E. Lee, Town Engineer (being a further revision of a map dated June 2002, and revised March 2003, prepared by Earth Tech, 196 Baker St., Concord), copies of which are on file with the Town Engineer and the Board of Selectmen; **Webmasters Note: The previous portion of Article 14 amends the zoning map which can be viewed at the zoning map link of the town page. How many zoning districts, including overlays, are in the municipality? Instructions: Answer the question using the context with an integer and explain your answer [/INST] 11, Based on the provided text, there are eleven zoning districts in the Town of Pepperell, Massachusetts, including four overlay districts: 1. Rural Residence (RR) 2. Town Residence (TR) 3. Recreational Residence (RCR) 4. Suburban Residence (SR) 5. Urban Residence (UR) 6. Commercial (C) 7. Industrial (I) 8. Mixed-Use Overlay District (MUOD) 9. Sewer Overlay District (SD) 10. Water Resource Protection Overlay District (WRPOD) 11. Wireless Communications WCOD" "[INST] Context: , 1987.) OVERLAY DISTRICT - A set of zoning requirements that are described in the ordinance text, mapped and imposed in addition to those of the underlying district, or do or act in any manner relative thereto. (Amended at Annual Town Meeting, 1989.) PARKING, ACCESSORY - Parking on the same lot as the principal use, to service that use only. PARKING, BUSINESS - Parking for the use of employees, customers or visitors of any non-residential activity, when not located on the same lot as the activity it serves, including the parking of up to three commercial vehicles. PARKING, PRIVATE - Accessory parking, not including parking of more than one commercial vehicle, for vehicles of over two-ton load capacity, or of more than one vehicle for fee. PARKING, PUBLIC - Parking of non-commercial vehicles for fee, whether enclosed or not. PHILANTHROPIC INSTITUTION - An endowed or charitably-supported nonprofit religious or non-sectarian activity maintained for public or semi-public use. PORCH, COVERED - Part of a structure having a roof and floor either with or without enclosing walls or windows. PORTABLE SIGN - A wheeled or movable vehicle or fixture, its primary intent being relocation from one place to another with a varying message display. A so-called Rent-A-Sign. PRINTING SHOP - Premises used for reproduction services, including commercial printers, periodical printing, blueprinting, composition, and binding. PUBLIC UTILITY - Utility licensed by the Department of Public Works. PUBLIC UTILITY SERVICE AREA - An area used for bulk storage, exposed equipment, or truck parking. RADIO TRANSMISSION - Premises used for the commercial transmission of radio or television, not including studios. RECHARGE AREA - Any area of porous, permeable geologic deposits, especially, but not exclusively, deposits of stratified sand and gravel, through which water from any source drains into an aquifer, and includes any wetland of body of surface water surrounded by or adjacent to such are ice, including copies of any plans, of cases where land that has been previously divided within the calendar year, is having additional lots being created within the same calendar year. E. Applicability, Effect and Definitions (a) For the purpose of this section, a calendar year will run from January 1st of a given year to January 1st of a following year. (b) For the purpose of this section, percentage shall be rounded to the nearest whole number. (c) For the purpose of this section, the following terms shall have the following meanings: (1) DEVELOPMENT shall mean a single parcel or set of contiguous parcels of land held in common ownership at any time on or after the date of adoption of this section, for which one or more building permits will be sought. (2) PHASE DEVELOPMENT SCHEDULE shall mean a schedule authorized by the Planning Board in accordance with Subsection F of this section. F. Phase Development Schedule For lots created through the division of land, of five (5) lots or greater, the Building Inspector shall only issue building permits (and other associated permits) for construction of new residential dwellings in accordance with the following phase development schedule: Number of Lots Building Permits issued per year Conventional Subdivision Development 5-19 up to 5 lots 20% of total 20 + Residential Cluster Development 5-19 up to 10 lots 20 + 25% total 2.15 Senior Village Overlay District A. Purpose A Senior Housing Development (SHD), as approved by the Special Permit Granting Authority (Planning Board ), is intended to provide a type of housing which reduces residents' burdens of property maintenance and which reduces demands on municipal services; to promote flexibility in land use planning in order to improve site layouts; to protect natural features and environmental values of land; and to utilize land in harmony with neighboring properties; encourage creative and innovative site planning and design in order to enhance the attractiveness and suitability of smaller homes as a prefer FLOODPLAIN DISTRICT OVERLAY MAP , , , , (ii) (II FOXDOROUGH WATERSHED PROTECTION OVERLAY DISTRICT ,RABEIT POND,""Article 12 Special Town Meeting June 9, 1999"" HANKINS ST.,WRENTHAM LAKE APPROVED Ayamay General's Office By: Data: 10/21/99 NORTH Art. Term Meeting Date 6/9/99 12,""A TRUE COPY, Kareen Sandland KATHLEEN M. TOWN CLERK august 12, WATERSHED PROTECTION OVERLAY DISTRICT"" ,""WATERSHED PROTECTION 0 1000 2000 3000 ZONING ,"",OVERLAY DISTRICT MAP SECTION TWO - USE AND INTENSITY REGULATIONS 2.1 Districts The Town of Plainville is hereby divided into the following types of districts: RA - Single Family Residential District RB - Single Family Residential District RC - General Residential District RD - General Residential District CA - Shopping Center Commercial District CB - General Commercial District CC - Roadside Commercial District CD - Industrial District (Amended by adding A.T.M. June 7, 1999) CI - Commercial Interchange District (Amended by adding S.T.M. 11/17/97) IA - Special Industrial District IB - Limited Industrial District IC - Controlled Industrial District WPD - Watershed Protection District FPD - Flood Plain District (Amended at Special Town Meeting, October, 1990) 2.2 Zoning Map Said districts are located and bounded as shown on a map entitled ""Zoning Map"" dated March 1964 revised April 1978 and further revised in June 1999 on file in the office of the Town Clerk. The Zoning Map, with all explanatory matter thereon, is hereby made part of this By-Law. (amended Special Town Meeting June 9, 1999) 2.3 District Boundaries The location of the boundary lines of the districts shown on the Zoning Map shall be determined as follows: A. Where the district boundary is indicated as approximately following a street line or power easement, it is the center line of the street or power easement. B. Where the district boundary is indicated as approximately following a lot line, it is the lot line. C. Where the district boundary is indicated as approximately following a railroad line, it is at one boundary of the railroad right of way. D. Where the district boundary is indicated as approximately parallel to a street line or railroad line, it is parallel to the center line of the street or railroad and at the distance in feet from the street line or railroad right of way indicated on the Zoning Map; such distance being measured at right angles to such street lines unless otherwise indicated. E. Where the district boundary is indicated as approximately perpendicular to a street line, it is either perpendicular or radial unless marked otherwise. F. Where the district boundar ndicated. E. Where the district boundary is indicated as approximately perpendicular to a street line, it is either perpendicular or radial unless marked otherwise. F. Where the district boundary is indicated as approximately following a stream, it is the center line of the stream. G. Where no other means of determination are possible, boundaries shall be determined by use of the scale on the Zoning Map. 2.4 Lots in Two Districts Where a district boundary zoning line divides any lot existing at the time such line is adopted, the zoning regulations applicable to each portion of the divided lot shall extend not more than thirty feet into the other portion of the same divided lot. 2.5 Lot Requirements 2.5.1 Lot Size and Shape Except as may be authorized by exemption, exception, special permit or variance, no lot on which a building is located in any district shall be reduced or changed in size or shape so that the lot fails to conform to the intensity of use schedule, except when a portion of the lot is taken or conveyed for any public purpose. 2.5.1.1 Lot Width The lot width requirement shall be maintained to the rear building line of each lot. (Amended at Annual Town Meeting, 1988) 2.5.2 Buildings, Pads, and Premises No building shall be erected or used or premises used, except in conformity with the Intensity of Use Schedule (Section 2.8) or Section 3.15 (Commercial Interchange District). No more than one principal building shall be erected or used on any one lot in the RA, RB, or RC zoning districts unless part of an approved Cluster Residential Subdivision approved in accordance with Section 2.13.0. Multi-building developments in the RD District or any Commercial or Industrial District (except the CI- Commercial Interchange District, in which use and development is subject to Section 3.15) on a single lot shall be subject to a Development Permit and Site Plan Review as provided in Section 1.3.2 and Section 3.13, and to any other Special Permit or approval required under this By-law. 2.5.3 Yards and Open Space No part of any yard or other open space required for the purpose of complying with the provisions of this By-Law shall be counted as part o How many zoning districts, including overlays, are in the municipality? Instructions: Answer the question using the context with an integer and explain your answer [/INST] 15, RA - Single Family Residential District RB - Single Family Residential District RC - General Residential District RD - General Residential District CA - Shopping Center Commercial District CB - General Commercial District CC - Roadside Commercial District CD - Industrial District CI - Commercial Interchange District IA - Special Industrial District IB - Limited Industrial District IC - Controlled Industrial District WPD - Watershed Protection Overlay District FPD - Flood Plain Overlay District Senior Village Overlay District" "[INST] Context: Section 206 District Boundary Interpretation The Board of Appeals shall have the authority to interpret district boundaries where there is some question in interpretation of the rules in Section 400.03, or where boundaries oil the ground are unclear or at variance with those on the Official Zoning Maps. Section 207 Building Permit Limitations A) Limitations. When the total number of building permits issued for new dwelling units located within the RR, R-40, R-25, R-20SL, R-20MD and R-20MF Zoning Districts exceeds 185 in any calendar year, excluding those building permits listed in Section B, no additional permits shall be issued within these districts for new dwelling units, except as provided in Section B. No more than 45 such building permits shall be issued in any calendar year for new dwelling units either for land shown on a plan of record as of April 6, 1999 or for any land in the same ownership as of April 6, 1999, even though ownership may have been transferred subsequent to said date. The Building Commissioner shall process applications for such building permits in chronological order determined by the date upon which the Commissioner receives each complete application. As each complete application is received, it shall be assigned a number in chronological order. B) I ""Exempt Units"" (units not counting toward limitations) Not withstanding Section A, building permits for the following new dwelling units located within the foregoing districts shall not count toward the foregoing limitations: 1. Units defined in Section 102 as Elderly household; 2. Units within an Open Space Mixed Use Development (OSMUD); 3. Units on lots on a plan endorsed prior to April 6, 1999 by the Planning Board as ""Approval Under the Subdivision Control Law Not Required"", by virtue of M.G.L. Chapter 40A, Section 6 (6th paragraph), for three years from the date of such endorsement; 4. Units with he Planning Board as ""Approval Under the Subdivision Control Law Not Required"", by virtue of M.G.L. Chapter 40A, Section 6 (6th paragraph), for three years from the date of such endorsement; 4. Units within a Rural Density Development, if: A) The parcel on which such units are located is permanently restricted to a density of no more than one-half of the maximum density achievable under applicable bylaws and regulations; and B) The applicant submits plans or other pertinent documentation to demonstrate the maximum number of units achievable on said lot; 5. Units within a development (""Low Density Development""), defined as one in which: A) The parcel on which such units are located is permanently restricted to a density of no more than one-third of the maximum density achievable under applicable bylaws and regulations; and B) The applicant submits plans or other pertinent documentation to demonstrate the maximum number of units achievable on said lot. C) ""Protected Units"" (units counting toward Limitations) Building permits for the following new dwelling units located within the foregoing.districts shall count toward the foregoing limitation: 1. Units on lots on a plan endorsed by the Planning Board as ""Approval Under the Subdivision Control Law Required"", if grandfathered from these limitations by virtue of. M.G.L. Chapter 40A, Section 6 (7th paragraph), for eight years from the date of such; endorsement. D) Sunset Provision This section shall be effective as of April 10, 2002 and shall continue until the final adjournment of the 2005 Annual Town Meeting, unless sooner MINIMUM AREA District,Minimum Area,Minimum Frontage RR,250 acres,200 feet R-40,100 acres,150 feet R-25,40 acres,110 feet Other dimensional requirements for a single-family dwelling or an NR use within an RD as follows: Min.Lot Size,Min.Lot Width,Min.Front Yard,Min.Side Yard,Min.Rear Yard ""6,000"",60',20',10',10' Other dimensional requirements for a single-family dwelling or all NR use within an RD as follows: Other dimensional requirements for multi-family structures shall be governed by the provisions of Section 401.08, except that no more than twenty-five percent (25%) of the units within an RD may be multi-family, and all such units must be of a townhouse type with separate entrances and with a maximum of eight (8) attached units per building. In calculating intensity of use and allocation of recreational areas, the following standards shall be used: 1. NR uses shall be subtracted from the. total land area before calculating residential densities. 2. Land or water areas contained in flood hazard areas designated as Zones A, A1-30, and B as defined in Section 401.08B shall be subtracted from the total land area before calculating densities. 3. Areas which are considered by the Planning Board as marginal or unsuitable for building such as Flood Plains, inaccessible wetlands and water areas, steep slopes (25 % or greater), highly erodible or poorly drained areas, areas of very shallow bedrock or of very high water table shall, as a general rule, be included in the recreational area. 4. Roads should be subtracted from total area in determining not densities. For preliminary and general planning purposes, roads may be established as fifteen (15 %) percent of total area. For definitive plans, all lot sizes and densities as specified herein shall be net figures with rights-of-way for streets figured exactly. In calculating intensity of use and allocation of recreational areas, the following standards shall be used: 5. Except when the provisions of Transfer of Development Rights are utilized, the total number of dwelling units in an RD shall be no gr established in specified zones by special permit, provided that all proposed PUD'S shall comply with all requirements prescribed herein and with the standards of environmental design review. Table 3 prescribes type of PUD, minimum. size, maximum overall density, and minimum lot size allowed in each zone. Table 4 prescribes intensity of use and dimensional requirements Within the maximum density or intensity of use requirements, any combination of authorized uses may be permitted in accordance with other planning and design principles prescribed hereinafter. Where land falls in two or more zoning districts, overall density shall not exceed the total of densities allowed in each district, provided that portions of the development in different districts shall generally follow the respective intensity regulations intended for each district. In calculating intensity of use and allocation of open space, the following procedures shall be used: A) Non-residential land uses shall be subtracted from the total land area before calculating residential densities. B) Water areas or inaccessible wetland areas which are greater than one (1) acre in area or seventy-five (75) feet in least dimension shall be subtracted from the total land area before calculating densities, except that twenty-five (25) percent of such areas greater than one (1) acre but smaller than (10) acres may be counted as part of the common open space under ""D"". C) Roads shall be subtracted from total area in determining net densities. For preliminary and general planning purposes, roads may be estimated as fifteen (15) percent of total area. For definitive plans of areas, all lot sizes and densities of clusters as specified in Table 4 shall be net figures with rights-of-way for streets figured exactly. D) Areas which are considered by the Board of Appeals as marginal or unsuitable for bu 7 ""100,000"",17%,13 ""120,000"",100%, For all other subdivisions the following phasing schedule shall apply such schedule may vary as provided for in paragraph 3. Density/Sq. Ft.,Percent/Year,Units/Year ""120,000"",12.5%,10 3. Phasing Schedule - Permits shall be issued here under in a manner consistent with a schedule approved by the Planning Board and recorded with the approved subdivision plan. The Planning Board may vote to authorize two times the number of units per year specified above: Provided that 50% of the units in the development are age restricted by deed to at least one occupant that is 55 years or older. The Board may authorize one and one-half times the number of units provided that 25% of the units have such an age restriction. 4. Density - For the purposes of this section density shall be calculated upon the total land less that portion to be used for road rights-of-way and less those portions contained in flood hazard areas designated as Zones A, Al-30, and B as defined in Section 401.18B. Land intended to be set aside to achieve a required density may be included in larger individual lots or as a separate open space parcel and shall be protected from development by means of a covenant in perpetuity to be recorded with the approved subdivision plan or, if the land is to be developed under a Master Plan and Phased Special Permit, with the special permit for a phase under the Master Plan. It is specifically provided that lots may be created of area and dimension otherwise referenced in the Zoning District (Table 5). D. Property Tax Relief Any property owner who has been denied building permits under the phasing requirements of this section may appeal to the Board of Assessor's in conformity with Chapter 59, Section 59, Massachusetts General Laws Annotated, for a determination as to the extent to which such temporary restriction on the use of such land may affect the assessed valuation placed on such land. **Webmasters Note: The previous section has been amende How many zoning districts, including overlays, are in the municipality? Instructions: Answer the question using the context with an integer and explain your answer [/INST] I don't know, This excerpt does not directly address the number and type of zoning districts in Plymouth, so I cannot answer the question. " "[INST] Context: ARTICLE III. Establishment of Districts § 415-3. Districts. The Town of Rockland is hereby divided into the following districts: A. R-1 Residence; B. R-2 Residence; C. R-3 Residence; D. R-4 Residence; E. RSH-1 Residential Senior Housing. [Added 5-12-2003 ATM, Art. 8] F. B-1 Business; G. B-2 Business; H. I-1 Limited Industrial; I. I-2 Industrial Park; J. I-3 Industrial/Business; [Added 6-6-1994 ATM, Art. 80] K. I-4 Industrial/Business; [Added 5-19-1997 ATM, Art. 64] L. H-1 Industrial Park-Hotel District; [Added 5-13-2002 ATM, Art. 36] M. Wireless Communication Services District; [Added 5-5-2008 ATM, Art. 42] N. WPD Watershed Protection District. § 415-4. Zoning Map. The boundaries of the districts enumerated above are established as shown and defined on the Zoning District Map, adopted and included herewith. The official Zoning District Map, including all amendments, is on file with the Clerk of the Town of Rockland. § 415-5. Interpretation of boundaries. A. The district boundary lines are intended to follow municipal boundary lines, railroad rights-of-way, existing lot lines and the center lines of streets, all as shown on the Zoning District Map. Where a district boundary line does not follow such a line, its position is shown by specific dimension expressing its distance in feet from an existing street line or other boundary line as indicated. B. Where a district boundary line divides a lot existing at the time such line is adopted, the regulations applying to the portion of such lot in the less restricted district may be considered as extending not more than 30 feet into the more restricted portion, but only if the lot has frontage on a street in the less restricted district. The provision shall not be used to diminish the buffer zone (rear yard dimensions) requirements between residential and non-residential districts as contained in § 415-22. § 415-6. Intent of classifications. Zoning district classifications have been based on the ""Clustered Growth Plan Concept"" of development, set forth in the Town's Plann § 415-13. Business I Zoning District. A. The Business I District shall have the following schedule of uses: (1) Permitted principal uses: (a) Retail businesses and commercial uses commonly associated with neighborhood and community shopping areas, such as: [1] Grocery stores, food specialty shops, and supermarkets. [2] Drugstores. [3] Hardware stores. [4] Apparel stores. [5] General department stores. [6] Appliance, home decorating and furniture stores. [7] Book and stationery stores. [8] Photographic studios and art galleries. (b) Personal and business service establishments such as: [1] Banks. [2] Professional and administrative offices and office buildings. [3] Medical/dental clinics. [4] Barber and beauty shops. [5] Laundry and drycleaning establishments. [6] Repair shops for shoes, watches, clocks, appliances, and similar uses. (c) Eating establishments. (d) Churches and other houses of worship. (e) Public parks. (f) Governmental and/or public institutional uses. (g) Private clubs. (h) Funeral homes. (i) Multi-family residences, except on or below street level floors. (2) Accessory uses: (a) Parking. (b) Other uses customarily accessory to the permitted principal uses. (3) Uses requiring special permit: (a) Automobile service stations and repair shops. (b) Eating and/or drinking establishments where alcoholic beverages are served. (c) Liquor stores. (d) Essential public utility facilities. (e) Automobile agencies. (f) Tractor, trailer and boat sales establishments. (g) Building supply stores. (h) Television and radio broadcast facilities. (i) Hospitals. (j) Shopping centers. (k) Residential Commercial Care Facilities. (l) Drive through/drive-up windows. Drive through or drive-up windows for any use which is otherwise allowed in the zoning district shall only be allowed by special permit from the Zoning Board of Appeals. [Adde (7) Private clubs. (8) Funeral homes. (9) Theatres and Bowling Alleys. (10) Nurseries for flowers and plants. B. Accessory uses: (1) Parking. (2) Other uses customarily accessory to the permitted principal uses. C. Uses requiring special permit: (1) Automobile service stations and repair shops. (2) Eating and/or drinking establishments where alcoholic beverages are served. (3) Liquor stores. (4) Essential public utility facilities. (5) Automobile agencies. (6) Tractor, trailer and boat sales establishments. (7) Building supply stores. (8) Television and radio broadcast facilities. (9) Hospitals. (10) Shopping centers. (11) Residential Commercial Care Facilities. (12) Tattoo and body piercing parlor provided that the parlors are licensed by the applicable state and/or local licensing authority. Further that no such parlor shall display any photographs drawings or other depictions of tattoos or body piercing on signs in the windows of or on the exterior of any such establishment. Any application for special permit shall be subject to the Performance Standards of Article X of this bylaw. [Amended 5-14-2001 ATM, Art. 46] (13) Drive through/drive-up windows. Drive through or drive-up windows for any use which is otherwise allowed in the zoning district shall only be allowed by special permit from the Zoning Board of Appeals. [Added 5-12-2003 ATM, Art. 46] (14) Video and Electronic Amusement halls. (15) Pool Halls. (16) Miniature Golf. (17) Roller Skating Rinks. (18) Tennis/Racquet Ball Facilities. (19) Multi-Family Development. [Amended 5-12-2003 ATM, Arts. 49 and 50] § 415-15. I-1 Limited Industrial Zoning District. A. Permitted principal uses: (1) Professional, administrative offices and office buildings. (2) Banks. (3) Public utility facilities. (4) Warehouses and wholesale and retail distribution centers, including offices and showrooms. (5) Art gallery, photography studio, art framing shop, antique shop [Added 6-6-1994 ATM, l) Drive through/drive-up windows. Drive through or drive-up windows for any use which is otherwise allowed in the zoning district shall only be allowed by special permit from the Zoning Board of Appeals. [Added 5-12-2003 ATM, Art. 46] (m) Bowling alleys. (n) Video and Electronic Amusement halls. (o) Pool Halls. (p) Miniature Golf. (q) Roller Skating Rinks. (r) Tennis/Racquet Ball Facilities. [Amended 5-12-2003 ATM, Art. 49] B. The Business I District shall include that section of Town presently zoned as Business situated along the westerly side of Union Street from a point approximately 200 feet south of Rice Avenue to a point approximately 200 feet north of Payson Avenue; and along the easterly side of Union Street from a point at the northerly intersection of Exchange Street to a point approximately 100 feet north of Vernon Street. § 415-14. Business II Zoning District. A. Permitted principal uses: (1) Retail business and commercial uses commonly associated with neighborhood and community shopping areas such as: (a) Grocery stores, food specialty stores and supermarkets. (b) Drugstores. (c) Hardware stores. (d) Apparel stores. (e) General department stores. (f) Appliance, home decorating and furniture stores. (g) Book and stationery stores. (h) Photographic studios and art galleries. (2) Personal and business service establishments such as: (a) Banks. (b) Professional and administrative offices and office buildings. (c) Medical/dental clinics. (d) Barber and beauty shops. (e) Laundry and drycleaning establishments. (f) Repair shops for shoes, watches, clocks, appliances, and similar uses. (3) Eating establishments. (4) Churches and other houses of worship. (5) Public parks. (6) Governmental and/or public institutional uses. (7) Private clubs. (8) Funeral homes. (9) Theatres and Bowling Alleys. (10) Nurseries for flowers and plants. B. Accessory uses: (1) Parking. (2) Other uses customarily accessory to the perm (d) Any permit granted thereunder shall contain a condition that prohibits the presence of persons under the age of 18 years on the premises while any persons are nude or partially nude. (6) Manufacturing, assemblage, processing and storage operations that are not offensive by reason of the emission of odor, fumes, dust, smoke, noise and/or vibration, or that would have a negative impact on the environment or conditions within the Town or adjacent towns. [Amended 5-20-1996 ATM, Art. 43] (7) Municipal Facilities, including: police stations, fire stations, libraries, and municipal offices. [Added 5-20-1996 ATM, Arts. 45 and 48] (8) Restaurants and coffee shops. (9) Eating or drinking establishments where alcoholic beverages are served on the premises. (10) Movie Theaters. [Amended 5-17-1999 ATM, Art. 36] (11) Telecommunication towers. (12) Tattoo and body piercing parlor provided that the parlors are licensed by the applicable state and/or local licensing authority. Further that no such parlor shall display any photographs drawings or other depictions of tattoos or body piercing on signs in the windows of or on the exterior of any such establishment. Any application for special permit shall be subject to the Performance Standards of Article X of this bylaw. [Amended 5-14-2001 ATM, Art. 46] (13) Livery Business, Taxi Services, Limousine Services and any similar transportation services. [Amended 5-13-2002 ATM, Art. 42] (14) Drive through/drive-up windows. Drive through or drive-up windows for any use which is otherwise allowed in the zoning district shall only be allowed by special permit from the Zoning Board of Appeals. [Added 5-12-2003 ATM, Art. 46] (15) Supermarkets and/or other general retail stores shall only be allowed by special permit by the Zoning Board of Appeals. [Added 5-5-2008 ATM, Art. 4] § 415-17. I-3 Industrial/Business Zoning District. A. Permitted principal uses: (1) Professional, administrative offices and office buildings. (2) Warehouse and wholesale and retail distribution centers, including offices and showrooms. (3) Food processing, packing and storage operations. (4) Bottling Plants. (5) Banks. (6) Major Retail Business. B. Accessory uses: (1) Parking. (2) Advertising signs and structures. (3) Sale and service of How many zoning districts, including overlays, are in the municipality? Instructions: Answer the question using the context with an integer and explain your answer [/INST] 14, Based on the provided text, there are fourteen (14) zoning districts in the Town of Rockland, Massachusetts, including overlays: 1. R-1 Residence District 2. R-2 Residence District 3. R-3 Residence District 4. R-4 Residence District 5. RSH-1 Residential Senior Housing 6. B-1 Business District 7. B-2 Business District 8. I-1 Limited Industrial District 9. I-2 Industrial Park District 10. I-3 Industrial/Business District 11. I-4 Industrial/Business District 12. H-1 Industrial Park-Hotel District 13. Wireless Communication Services District 14. WPD Watershed Protection District" "[INST] Context: ZONING ORDINANCE ies within such district shall be controlled by the regulations of the underlying zoning districts, except as hereunder specified. In instances of conflicting requirements, the restrictions listed below shall prevail. (3) The requirements of this section shall not apply to Planned Unit Development (PUD) proposals, or those development proposals which are required to obtain a site plan review special permit. (c) Dimensional and other requirements. The following requirements shall apply to all properties in the Entrance Corridor Overlay Districts: (1) Fences. In order to maintain and maximize aesthetic views and sight lines, all fences along the front and side lot lines shall comply with the following standards: a. No fence along a front or side lot line shall be more than four (4) feet in height, as measured from the curb level of the street, or average grade elevation of the land where the fence is to be located, whichever is deemed appropriate. b. Chainlink and wire fences are prohibited along front and side lot lines. c. Any fence constructed within an Entrance Corridor Overlay District shall require a fence permit issued by the city building department. (2) Curb cuts. Only one (1) curb cut of no greater than twenty-four (24) feet shall be permitted for all residential uses. A maximum of two (2) curb cuts no greater than twenty-four (24) feet each shall be permitted for all commercial uses. (3) Mechanical equipment and refuse storage areas. No refuse storage areas or mechanical equipment areas shall be located in a front yard, nor within twenty-five (25) feet of the front lot line of the side yard. Such areas shall be screened from all public ways, parking areas, residential land uses and open space areas. (4) Parking areas. All parking areas of more than twelve (12) spaces shall be arranged and landscaped to properly screen vehicles from adjacent properties and streets. The requirements for such landscaping are as follows: a. Landscaping shall include one (1) tree of three and one-half-inch to four-inch caliper for each three (3) parking spaces. T ed districts after holding a public hearing. k. Notwithstanding anything in these zoning regulations to the contrary, sales of individual dwelling units in multifamily dwellings or otherwise, constituting townhouses, row houses or attached houses or the like, may be made without compliance with the residential density regulations appearing in this ordinance, excepting only that a minimum lot area of each dwelling unit shall be one thousand (1,000) feet. (6) Notwithstanding the ""specifically excluded"" list of uses specified in paragraphs (b) and (c) of this section, certain other uses will be allowed by special permit for certain multifamily complexes. Therefore, multifamily (apartment) buildings and developments complying with the following basic minimum requirements may have the hereinafter permissive special permit uses built and occupied as part of the development: a. The hereinafter listed special permit uses may be built and occupied by a special permit issued by the board of appeals as required by section 9-4 hereof. The basic minimum requirement shall not be changed. If any change in the basic requirement is made, the special permit use shall cease forthwith. The basic requirements are: 1. There shall be a minimum of one hundred fifty (150) dwelling units in the building or buildings. 2. The ownership title to all buildings and all land shall be held in a single ownership, either by a corporation or an individual. 3. All multifamily buildings shall be built and so located that no other type of building except a multifamily dwelling shall occupy any part of the land or development. 4. The area occupied by all businesses permitted by the special permit uses shall be within a multifamily dwelling or may be in an ell or wing, providing the ell is more or less attached to the main building. 5. The areas required for such special permit occupancy shall be predetermined so as to prevent locating such businesses in a haphazard manner. It is the intention of this provision to concentrate the business into one (1) general area to create a ""local business area"" with TABLE OF ZONING MAP AMENDMENTS Ordinance Number,Adoption Date,Description 218,8-27-65,Zoning ordinance and map adopted 689,9. 2-69,Major revisions to zoning ordinance and map 709-B,8- 1-72,Central Development District B-5 903,12- 3-74,Ward 7: From R-1 and R-C to R-3 Districts 611,9-15-76,Derby Street change: From B-4 District to B-5 733,11-9-76,Northey Street change: From I District to R-2 347,5-20-77,Derby and Congress Streets (Pickering property): From B-4 District to B-5 417,6-17-85,Business Park Development District map change 306-A,7- 1-85,Central Business District map change 1157,1-14-93,An area in Ward 1: From R-1 District to I 979A,12-10-94,An area in Ward 3: From R2 District to I 772,3-17-03,An area in Ward 3: From B-2 District to R-3 598,12-21-04,Business Park Development District map change ,2- 1-05,""Chestnut Street, between Flint and Summer Streets: From R-2 District to R-1"" ,9-14-05,Central Development District B-5; extended to include property at 50 St. Peter Street ,4-13-06,""Endicott School property at 110 Boston Street, from a combination of R-2 and B-2 to a combination of R-3 and B-2."" ,9-13-07,Rezone real property on Clark Avenue from Industrial District to Residential-1 (R-1). RULES AND REGULATIONS GOVERNING THE SUBDIVISION OF LAND Sec. 7-20. Conservation Overlay District. (a) Purpose. The purpose of the Conservation Overlay District is to augment underlying zoning regulations in designated areas in order to: (1) Promote conservation of soil, water, plants and natural resource areas; (2) Protect and enhance habitat and wildlife; (3) Preserve historic open space, passive recreation, and nature study areas within the community; (4) Prevent soil and groundwater pollution; (5) Foster more effective environmental protection; (6) Ensure that such areas are improved in a manner which is in the best interest of the City. (b) Applicability. (1) The Conservation Overlay District shall be established along the areas designated on the zoning map. The boundaries of the overlay shall be interpreted as following the boundaries of Highland Park. (2) Properties within such district shall be controlled by the regulations of underlying zoning districts, except as specified within this ordinance in instances of conflicting requirements, the restrictions listed below shall prevail. (3) The requirements of this section shall not apply to work performed to maintain or repair the existing uses within Highland Park. (c) Uses and Other Requirements. In addition to the general purposes recited above in subsection (a), the Conservation Overlay District is intended to protect Salem's last remaining acreage of historic natural resource areas, in particular Highland Park, from the negative effects and intrusion of additional development; to provide for safe, continuous public access to, from and within Highland Park; and to enhance open space within existing greenbelts by means of suitable buffer zones to assure and reclaim reasonable public and visual access to existing natural resource areas. The following requirements shall apply to all properties and uses within the Conservation Overlay District. Unless otherwise exempt pursuant to this subsection, no alteration, addition, construction, reconstruction, or exp How many zoning districts, including overlays, are in the municipality? Instructions: Answer the question using the context with an integer and explain your answer [/INST] I don't know. , The by-law provides a list of amendments to the zoning districts in Salem, but doesn't provide the overall number and type of zoning districts in the town, so I cannot answer the question. " "[INST] Context: boundary of the R-3 district above to the northern boundary of the Shirley Village Business District; thence easterly along said boundary; thence southerly along said boundary to the Fort Devens line; thence northeasterly along the Fort Devens line to the starting point. Phoenix Pond Industrial Area: starting at the intersection of the northern boundary of the Shaker Road R-3 area and Fort Devens; thence following said line northeast, east, northeast, north, and west; thence following the boundary of the Village R-3 district west and south, and R-2 district along Shaker Road to the first R-3 district; thence westerly along the northern boundary of the R-3 district to the starting point. Shirley Village West: starting at the western most boundary of the Shirley Village Business District at its intersection with the railway right-of-way; thence south along said boundary to the northern boundary of the R-3 Catacunemaug-Village area; thence westerly and northerly along said boundary to the railway right-of-way; thence easterly along the right-of-way to the starting point. Leominster Road: starting at the Lunenburg/Shirley town line on the Leominster Road; thence following Leominster Road easterly to the southwest corner of the R-3 district; thence northerly along the western edge of the said R-3 district to its crossing of the railway right-of-way; thence westerly along said right-of-way to the Shirley/Lunenburg town line; thence southerly along said town line to the starting point. Lancaster Road: starting at Lancaster Road on the Shirley/Lancaster town line; thence northerly along Lancaster Road to the R-1 district boundary; thence westerly along said R-1 district boundary for a distance of 608 ft.; thence northerly along said R-1 district a distance of 202 ft., thence westerly along a property line, and its extension, on a straight line to the Shirley/Lunenburg town lines; thence southerly along said town line to the intersection of the Shirley/Lunenburg/Lan14. MIXED-USE ZONING OVERLAY DISTRICT (Added 4-28-03; Revised 6-16-03; Deleted 11-01-05) ses and occupancy of premises in the Town of Shirley are hereby regulated and restricted as hereinafter provided. 1.3 Planning Board Associate Member Per M.G.L. c. 40A, Section 9, the Shirley Planning Board, as it is a Special Permit granting authority, shall have one associate member who shall sit, when necessary, on the Board for the purpose of acting on Special Permit applications. This position will be filled by the general election at the Annual Town Meeting and term shall be for two (2) years. 1.4 Zoning Districts The Town of Shirley is hereby divided into the following classes of districts to be known as: R-R Rural Residential R-1 Residential-1 R-2 Residential-2 R-3 Residential-3 SV Shirley Village Business District NSV North Shirley Village Business District GRW Great Road West Mixed-Use District GRE Great Road East Mixed-Use District LRC Lancaster Road Commercial I Industrial 1.5 Overlay Districts The following overlay districts are hereby established: FP Flood Plain Z1 Water Supply and Wellhead Protection Z2 Water Supply and Wellhead Protection 1.6 Zoning Map (Revised 11-01-05) The location and boundaries of the zoning districts are hereby established as shown on a map entitled, ""Town of Shirley, MA Zoning Map Districts and Town of Shirley, MA Zoning Map Overlay Districts dated November 2005"" which accompanies and is hereby declared to be part of this Bylaw. All explanatory legend and memoranda thereon or attached thereto are hereby declared to be a part of this Bylaw. Any change in the location of boundaries of a zoning district hereafter made through the amendments of this Bylaw shall be indicated by the alteration of such Map, and the Map, thus altered, is declared to be a part o % of internal floor areas or ground coverage, or six hundred square feet, whichever is larger, plot plans shall show existing and approved abutting street grades, the proposed elevation of the top of the foundation of existing and proposed buildings or structures, existing and proposed topography, existing septic disposal systems, private wells, wetland boundary delineations as approved by the Conservation Commission, gas, water and other public utilities in the abutting street and the zoning classification of the abutting properties. Plot plans shall also show such other information as may be necessary to provide for the verification of compliance with the applicable provisions and the enforcement of this Bylaw, including, but not limited to, off street parking, screening and fencing. Plot plans shall be certified by a registered professional engineer or land surveyor. In the event that the information required under this subsection can be determined from the Town's Assessor's maps, the Building Inspector shall have the authority to waive the requirement of a plot plan certified by a professional engineer or land surveyor. A record of all applications, plans, and permits shall be kept on file by the Building Inspector/Zoning Enforcement Officer. 2.7 Lots in Two Towns When a lot in one ownership is situated in part in the Town of Shirley and in part in an adjacent municipality, the provisions of this Bylaw shall be applied to that portion of the lot lying in the Town of Shirley in the same manner as if the entire lot were situated therein. 2.8 Protective Overlay Districts For any lot located in the Water Supply and Wellhead Protection District or the Flood Plain District when the regulations of said district are more restrictive than the regulations of the underlying district, the more restrictive regulations shall apply. 2.9 Rate of Development (Added 9-11-00; Extended 3-21-05) 2.9.1. The purpose of this Section, ""Rate of Development"", is to ensure that growth occurs in an orderly and planned manner; to phase growth so that it will not unduly strain the commu 3.3 R-2 District The purposes of the R-2 District are to provide for traditional residential neighborhoods comprised primarily of single-family and two-family homes, in areas with an established, moderate-density development pattern near goods and services and the Town's main roads. 3.3.1.Use Regulations a. Permitted Uses 1. Detached single-family dwelling 2. One in-law apartment in a single-family dwelling, subject to Section 4.10 3. Two-family detached dwelling, provided its appearance is not significantly different from that of a single-family dwelling 4. Rooming or boarding house for not more than four lodgers 5. Home professional office, home personal service, subject to Section 4.6 6. Home business workshop, subject to Section 4.6 7. Conservation areas, reservations, or wildlife areas 8. On five acres of land or less: Gardens; growing and storing of fruits, berries, vegetables, hay, fodder and ensilage; orchards, wood lots and forestry; or nursery and similar agricultural crop activities 9. Residential accessory uses in accordance with Section 2.5 of this Bylaw 10. Uses permitted in accordance with Section 2.3 of this Bylaw or otherwise exempt from zoning under M.G.L. c.40A Section 3 11. Conversion of an existing single-family dwelling to a two-family dwelling b. Uses Allowed by Special Permit from the Planning Board 1. Low-impact development, subject to Section 4.2A 2. Detached single-family dwelling on a hammerhead lot, subject to Section 4.3 3. Infill residential uses, subject to Section 4.16 4. Assisted living facility or nursing home, or an assisted living facility and nursing home in a single development 5. Conversion of an existing single-family dwelling to a multi-family dwelling of three units 6. Residential accessory uses in accordance with Section 2.5 c. Uses Allowed by Special Permit from the Board of Appeals 1. Cemetery 2. Hospital, medical institution, or historic, philanthropic or charitable institution 3. Public utility 4. Home 4.11. Mining, Quarrying, and Removal of Loam, Sand, and (Revised 10-02-00) Mining and quarrying and the removal of loam, sand, and gravel or other earth products is permitted in all districts only in accordance with permits issued by the Board of Selectmen under Article XI of the Town Bylaws. It is the intention of this Bylaw that the removal of earth materials from any parcel of land for which a preliminary or definitive subdivision plan has been prepared shall be allowed only in the same manner as removal from other parcels of land in the Town. Consequently, tentative or final approval of a subdivision plan by the Planning Board shall not be construed as authorizing the removal of material from the premises, even through in connection with the construction of streets shown on the plan. 4.12 Flood Plain Protection Overlay District (Revised 6-07-10) 4.12.1. Purpose The purposes of the Flood Plain District are to protect the public health, safety, and general welfare, to protect human life and property from the hazards of periodic flooding, to preserve the natural flood control characteristics, and the flood storage capacity of the flood plain, and to preserve and maintain the ground water table and water recharge areas within the flood plain. 4.12.2. District Delineation The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within the Town of Shirley designated as Zone A and AE on the Middlesex County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Middlesex County FIRM that are wholly or partially within the Town of Shirley are panel numbers 25017C0068E, 25017C0069E, 25017C0181E, 25017C0182E, 25017C0183E, 25017C0184E, 25017C0191E, 25017C0192E, 25017C0193E, 25017C0194E, 25017C0203E and 25017C0211E dated June 4, 2010. The exact boundaries of the District may be defined by the 100-year base flood elevations s How many zoning districts, including overlays, are in the municipality? Instructions: Answer the question using the context with an integer and explain your answer [/INST] 13, Based on the provided text, there are 13 zoning districts in the town of Shirley, Massachusetts, including three overlay districts. These districts are: 1. R-R Rural Residential 2. R-1 Residential-1 3. R-2 Residential-2 4. R-3 Residential-3 5. SV Shirley Village Business District 6. NSV North Shirley Village Business District 7. GRW Great Road West Mixed-Use District 8. GRE Great Road East Mixed-Use District 9. LRC Lancaster Road Commercial 10. I Industrial 11. FP Flood Plain Overlay District 12. Z1 Water Supply and Wellhead Protection Overlay District 13. Z2 Water Supply and Wellhead Protection Overlay District" "[INST] Context: Table of Dimensional and Density Regulations District,Use,as,(1),(1),,(1) side,TEET,ht Mar.,,,,(6) SR,Any permitted use,""25,000"",110,90,25,20,50,35,2 1/2,35,None,50 SR-A,Any permitted use,""15,000"",100,90,25,15,40,35,2 1/2,35,None,50 SR-B,Any permitted use,""10,000"",80,90,20,12,30,35,2 1/2,35,None,40 UR-A,Townhouse,""7,500 per dwelling unit"",100,90,20,10*,20,35,2 1/2,35,None,35 ,Two-family dwelling,""13,500"",100,90,20,10*,20,35,2 1/2,35,None,35 ,Single-family dwelling,""7,500"",75,90,20,10,20,35,2 1/2,35,None,35 ,Any other permitted use,""10,000"",100,90,20,10,20,35,2 1/2,35,None,35 UR-B,Single-family dwelling,""7,500"",75,90,20,10,15,35,2 1/2,50,None,30 ,""Two(family), multifamily dwelling uses & townhouses"",""7,500 plus 3,000 for each dwelling unit more than one"",100,90,20,10*,15,35,2 1/2,50,None,30 ,Any other permitted use,""10,000"",100,90,20,10*,15,35,2 1/2,50,None,20 UR-C UR-D,""Two(family), multifamily dwelling uses & townhouses"",""6,000 plus 1,250 for each dwelling unit more than one"",100,90,20,10*,15,50,4,50,1,20 ,(Ord. of 5/1/95) Any other permitted use,""7,500"",75,90,20,10,15,50,4,50,1,20 ,Nursing Home (Ord. of 5/1/95),""20,000"",100,90,20,10,15,50,4,50,None,30 District,Use,,,,,,,,,,, BA BA-1,Any permitted use,""5,000*****"",50,90,5,None,None,50,8,None,2.0,5 BB BB-1,Any permitted use,""10,000"",100,90,10,12,15,30,2,60,.75,20 BC,Any permitted use,""5,000*****"",50,90,5,None,None,30,2,None,.75,10 BD,Any permitted use,""5,000"",50,90,15,None,10,80,8,None,2.0,5 ,Nursing Home (Ord. of 5/1/95),""20,000"",100,90,20,10,15,50,4,50,None,30 I,Any permitted use,""20,000"",125,100,30,20,30,50,4,25,2.0,30 One side only for side-by-side two-family dwelling units; outside only for semi-detached row unit. Minimum yard dimensions shall be increased by four feet for each story more than four. Where off-s and authenticated as prescribed in § 235-7. The map thus altered is declared to be part of this chapter thus amended. The Building Commissioner shall be responsible for making changes to the Zoning Map. Such changes shall be made within 14 days of the final approval of amendments. The Zoning Map shall be drawn at a scale of one inch equals 650 feet with ink on stable material and shall be located in the office of the Building Commissioner. Photographic reductions of this large-scale map may serve as copies of the Zoning Map. (Ord. No. 16985C, 11-27-1972) § 235-9. Boundaries of districts. Where any uncertainty exists with respect to the boundary of any district as shown on the Zoning Map, the following rules apply: A. Where a boundary is indicated as a street, alley, railroad, watercourse or other body of water, it shall be construed to be the center line or middle thereof or, where such boundary approximates a City boundary, then to the limits of the City boundary. B. Where a boundary is indicated as following approximately or parallel to a street, railroad, watercourse or other body of water, it shall be construed to be parallel thereto and at such distance therefrom as shown on the Zoning Map. If no dimension is given, such distance shall be determined by the use of the scale shown on the Zoning Map. C. Where a dimensional boundary or the actual property boundary coincides within 10 feet or less with a lot line, the boundary shall be construed to be the lot line. D. Where a boundary is indicated as intersecting the center line of a street, railroad, watercourse or other water body, and unless it is otherwise indicated, it shall be construed to intersect at right angles to said center line or, in the case of a curved center line, to the tangent to the curve at the point of intersection. E. The abbreviation ""PL"" means property line as shown on the City Assessor's Map as in effect at the effective date of this chapter. The abbreviation ""PL,"" when used in conjunction with a subsequent amendment to this chapter, shall mean a property li ARTICLE III, Establishment of Districts § 235-6. Division into districts. The City of Melrose, Massachusetts, is hereby divided into 14 zoning districts to be designated as follows: Full Name,Class,Short Name Suburban Residence,Residential,SR A Suburban Residence,Residential,SR-A B Suburban Residence,Residential,SR-B A Urban Residence,Residential,UR-A B Urban Residence,Residential,UR-B C Urban Residence,Residential,UR-C D Urban Residence,Residential,UR-D General Business,Business,BA General Business,Business,BA-1 Extensive Business,Business,BB Extensive Business,Business,BB-1 Local Business,Business,BC Medical Business,Business,BD Industrial,Industrial,I A. Residential districts, as a group, are herein referred to as ""R"" districts. B. Business districts, as a group, are herein referred to as ""B"" districts. C. Industrial districts, as a group, are herein referred to as ""I"" districts. (Ord. No. 16985C, 11-27-1972) § 235-7. Zoning Map. The location and boundaries of the zoning districts are hereby established as shown on a map titled ""Zoning Map of the City of Melrose, Massachusetts,"" dated November 1972, which accompanies and is hereby declared to be a part of this chapter. The authenticity of the Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk, and the imprinted Seal of the City under the following words: ""This is to certify that this is the Zoning Map of the City of Melrose, Massachusetts, referred to in the Zoning Ordinance of the City of Melrose, Massachusetts, which was adopted by the Board of Aldermen on November 27, 1972."" (Ord. No. 16985C, 11-27-1972) § 235-8. Changes to map. Any change in the location of boundaries of a zoning district hereafter made through the amendments of this chapter shall be indicated by the alteration of such map, such changes to be dated and authenticated as prescribed in § 235-7. The map thus altered is declared to be part of this chapter thus amended. The Building Commissioner shall be responsible for making changes to the Zoning Map. Such c for each 400 sq. ft. of meeting area and restaurant space."" G,"" Other retail, service, finance, insurance, real estate establishment, or adult use. (Ord. of 12/16/96)"",One per each 300 sq. ft. of gross floor space. G-1,""Medical office (including Doctors, Dentists, and Clinics)"",One per each 200 sq. ft. of gross floor area. (Ord. of 5/1/95) H,""Wholesale establishment, warehouse or storage establishment."",One per each 1000 sq. ft. of gross floor space. I,Manufacturing or industrial establishment.,""One per each 600 sq. ft. of gross floor space OR 0.75 per each employee of the combined employment of the two largest successive shifts, whichever is larger."" ,Hospital.,One per each 600 sq. ft. of gross floor area. (Ord. of 5/1/95) Parking Code,Use,Number of Off-street Parking Spaces K,Nursing home.,One per bed at design capacity. L,""Business, trade, or industrial school or college, country clubs."",""One for each 200 sq. ft. of gross floor area in classrooms and other teaching stations, plus space for gymnasium or auditorium, whichever has the larger capacity (Refer to Code D)."" XM,Other school.,""Two per classroom in an elementary & junior high school; four per classroom in a senior high school, plus space for auditorium or gymnasium, whichever has the larger capacity (Refer to Code D)."" N,""Community facility (city building, recreation, etc.)."",One per each 400 sq. ft. of gross floor space. O,Public utility.,One for each 400 sq. ft. of gross floor area devoted to office use. One for each 800 sq. ft. of gross floor area per other use. P,Transportation terminal establishment; home occupation.,One.for.each.600.sq... ft of gross floor area. Q,Mixed use., Sum of various uses computed separately. R,Any use permitted by this ordinance not interpreted to be covered by this schedule., Closest similar use as shall be determined by the Building Commissioner. T, X Mixed residential and home occupation use.,The applicable residential off-street parking requirement plus one for each 600 sq. ft. of gross floor area used for home occupation. (Ord. No. 16985C, 11-27-1972; Ord. N ARTICLE XV, Floodplain District § 235-81. Establishment. The Floodplain District is herein established as an overlay district. The underlying permitted uses are allowed provided that they meet the following additional requirements as well as those of the Massachusetts State Building Code dealing with construction in floodplains. The Floodplain District includes all special flood hazard areas designated as Zone A or Zone A1-A30 on the Melrose Flood Insurance Rate Maps (FIRM), Community No. 250206, dated August 5, 1986, on file with the City Clerk, Building Commissioner, Planning Board, Public Works Engineering Division, Board of Health and the Board of Appeals. These maps are incorporate herein by reference. (Ord. No. 1453A, 5-4-1987) § 235-82. Development regulations. A. Within Zone A, where the base flood elevation is not provided on the FIRM, the applicant shall obtain any existing base flood elevation data and it shall be reviewed by the Planning Board and the Building Commissioner for its reasonable utilization toward meeting the elevation or floodproofing requirements, as appropriate, of the State Building Code. B. Within Zone A1-A30, no new construction, substantial improvements to existing structures, filling or other land development shall be permitted unless it is demonstrated by the applicant that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood elevation more than one foot at any point in the City. (Ord. No. 1453A, 5-4-1987) § 235-83. Subdivisions and new development. All subdivision proposals and other proposed new development shall be reviewed to determine whether such proposals How many zoning districts, including overlays, are in the municipality? Instructions: Answer the question using the context with an integer and explain your answer [/INST] 15, The City of Melrose, Massachusetts, is divided into fourteen (14) Zoning Districts to be designated as follows, with one (1) overlay district: Suburban Residence SR A Suburban Residence SR-A B Suburban Residence SR-B A Urban Residence UR-A B Urban Residence UR-B C Urban Residence UR-C D Urban Residence UR-D General Business BA General Business BA-1 Extensive Business BB Extensive Business BB-1 Local Business BC Medical Business BD Industrial Floodplain Overlay District" "[INST] Context: nes as to architectural treatment, materials, facades and the like shall apply to the entire extent of any structure or building facade that is fifty percent (50%) or more within the District boundaries. E. Conflict in Standards Where this Section 6.1.15 specifies some standard or establishes some other requirement contrary to or inconsistent with a requirement elsewhere in this Ordinance, the more restrictive requirements shall govern. 6.1.16. Highway Overlay Districts. A. Purpose To establish development areas where building at greater height than would otherwise be the case is permitted, because of high economic value derived from regional accessibility and visibility, and where enforcement of high standards of architectural design are public policy goals promoting important public benefits. Areas within a Highway Overlay District are highly visible to the regional population, and as such all development therein exerts considerable impact on the City's image, welfare, and enjoyment of its citizens -- economically, functionally, and aesthetically. The Planning Board shall serve as the Special Permit Granting Authority for the Highway Overlay District. B. Specific District Standards and Guidelines Any parcel of land located in a Highway Overlay District shall continue to be subject to the regulations of the underlying district in which it is located, except where a provision to the contrary is specifically set forth herein for the Highway Overlay District. Dimensional requirements shall be those specified in the underlying district except that the maximum height limit may be waived by the SPGA through the special permit with site plan review process set forth in Article 5. For all development within the Highway Overlay District requiring special permit with design review or special permit with site plan review, the SPGA shall review the development for compliance with the following design standards and guidelines and shall grant the applicable permit only upon making findings and determinations in accordance with Sections 5.1 and 5.2 as applicable, and under the additional provisions of this Section 6.1.16 e applied to that portion of such lot as lies in the City of Somerville in the same manner as if the entire lot was situated therein. Section 8.5. Table of Dimensional Requirements. NOTE: §8.5 was amended by Ordinance 2000-8 on May 25, 2000. SECTION 8.5: Table of Dimensional Requirements For Dimensional Requirements in University District, see Section 8.7. The regulations with respect to PUD Overlay Districts are set forth in Section 16.5 ,,,,,DISTRICTS,, ,RA,RB,RC,NB,CBD,BA,BB A Minimum lot size (s.f.),""10,000 (1)"",""7,500 (1)"",""7,500 (1)"",NA,NA,NA,NA B. Minimum lot area/dwelling unit 1-9 units (s.f.),2250,1500,875,875,875,875,875 10 or more units (s.f.),2250,1500,1000,1000,1000,1000,1000 C. Maximum ground coverage (%),50,50,70,80,80,80,80 ""D. Landscaped area, minimum percent of lot"",25,25,25,10,10,10,10 E. Floor area ratio (F.A.R.) (2),0.75,1.0,2.0,2.0,2.0,2.0,2.0 F. Maximum height (3) stories/,2 1/2,3,3,3,4,4, feet,35,40,40,40,50,50,50 (20) ,,,,(18) (19),(20) (21),(20) (21), ,,,,(20) (21),,, G. Minimum front yard (ft) (5a)(5b) (5c)(17),15 (5),15 (5),15,NA,NA,NA,15 H. Minimum side yards (ft) (5b)( (6),(7)(8),(7)(8),(7)(8),NA(12),NA(12),NA(12),NA(12) (10)(17),(9)(11),(9) (11),(9) (11),,,, I. Minimum rear yards (ft) (5b) (13) (14)(15)(17),20,20,20,""NB, CBD, districts: 10 2 feet for above the (also see"",""BA, and BB feet, plus each story ground floor footnote 12)"",, J. Minimum frontage (ft),50 (16),50 (16),50 (16),NA,NA,NA,NA (#) = See footnotes in Section 8.6. NA = Not Applicable DISTRICT S ,BPA,IA,,IP,IPA,OS,Note: Lettering system added to Sec. 8.5. A Minimum lot size (s.f.),""10,000"",NA,NA,""10,000"",""10,000"",NA,by Ord. 1991-10 on 8/22/91. B. Minimum lot area/dwelling unit 1-9 units (s.f.),875,875,NA,875,NA,NA,Sec. 8.5.B. amended by 10 or more units (s.f.),1000,1000,NA,1000,NA,NA,Ord. 1991-10 on 8/22/91. C. Maximum ground coverage (%),65,80,80,65,65,30, ""D. Landscaped area, minimum percent of lot"",20,10,10,10,10,5,Sec. 8.5.D. amended by Ord. 1991-10 ows: 1. The development complies with all standards set forth for the overlay district in which it is located. NOTE: §5.4.6.1 was amended by Ordinance 1991-10 on August 22, 1991. NOTE: §5.4.6, items #2- 7 and #9- 11 below, were amended by Ordinance 1991-10 on August 22, 1991. 2. The development shall be integrated into the existing terrain and surrounding landscape. Building sites shall, to the extent feasible: a. Minimize use of wetlands, steep slopes, floodplains, hilltops; b. Preserve natural or historic features; c. Maximize open space retention; d. Preserve scenic views from publicly accessible locations; e. Minimize tree, vegetation and soil removal, blasting and grade changes; f. Screen objectionable features from neighboring properties and roadways. 3. The development shall be served with adequate water supply and sewage disposal systems. For structures to be served by sewage disposal systems, the applicant shall document the status of Department of Environmental Management (DEM) and/or other sewage permits. 4. The development shall incorporate measures that are adequate to prevent pollution of surface and groundwater, to minimize erosion and sedimentation, and to prevent changes in groundwater levels, increased rates of run-off and minimize potential for flooding. Drainage shall be designed so that groundwater recharge is maximized, and at the project boundaries the run-off shall not be increased in amount or velocity. 5. To the extent feasible, development shall minimize demands placed on municipal services and infrastructure. 6. The development shall provide for safe vehicular and pedestrian movement within the site and to adjacent ways, including sidewalks, cross-walks and the like. 7. Building design and landscaping shall be in harmony with the prevailing character and scale of buildings in the neighborhood through the use of appropriate building materials, screening, and other architectural techniques. 8. Electric, telephone, cable TV and other such utilities shall be underground except ion Commission and City Engineer. E. Floodway Data In ""A"" Zones, 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. In Zones A1-30, along watercourses that have not had a regulatory floodway designated, no new construction, substantial improvement, or other development shall be permitted unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood. In Zones A1-30, along watercourses that have regulatory floodways designated on the Somerville FIRM, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. F. 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 of materials or equipment: outdoor recreational uses, including fishing, boating, play areas, etc.; conservation of water, plants, wildlife; and buildings lawfully existing prior to the adoption of these provisions. G. Use Regulations The floodplain district is established as an overlay district to all other districts. All development, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the requirements of Section 2102 of the Massachusetts State Building Code pertaining to construction in the floodplains. NOTE: §6.1.18, Floodplain Overlay District, was established and made effective by Ordinance 1991-10, on August 22, 1991. 6.1.19 Planned Unit Development Overlay District A (PUD-A) A. Purpose See Section 16.1. B. Standards and Guidelines A Planned Unit Development shall be allowed by Sp nning Board shall serve as the Special Permit Granting Authority in the IPA District. 6.1.12. BPA - Business Park Assembly Districts. Purpose. To provide opportunities for moderate to high intensity economic development in areas with favorable regional access, allowing mixed retail, office, light industrial and other complementary commercial and business uses. It is expected that District development will serve a City-wide or regional population. It is anticipated that users will arrive predominantly by motor vehicle, thus requiring efficient vehicular circulation. However, it is intended that once on-site, users will enjoy a largely pedestrian-oriented environment characterized by appropriate human scale and access to open space. The Planning Board shall serve as the Special Permit Granting Authority in the BPA District. 6.1.13. OS - Open Space Districts. Purpose. To encourage the preservation of open space for parkland, recreation, reservations, community gardens, rivers and streams and their shorelines, waterfront access, cemeteries, historic sites, urban plazas and squares, and similar uses by permanently protecting these open space resources, which enhance the quality of life for the City's residents. The open space district is intended to include publicly owned open space land of the types mentioned above, and may include land in private ownership upon consent of the owner(s). The district may also be used as a means for permanent land use protection of usable open space as defined by and provided for under the provisions of this Ordinance. 6.1.14. UN - University Districts. Purpose. To establish and preserve areas primarily for university uses. 6.1.15. Waterfront Overlay Districts. A. Purpose To establish areas adjacent to the Mystic River and the Mystic River Reservation where preservation of significant open space and enforcement of high standards of architectural design are public policy goals promoting important public benefits. Areas within a Waterfront Overlay District are highly visible to the regional population, and as such all development therein exerts considerable impact on the City's image, How many zoning districts, including overlays, are in the municipality? Instructions: Answer the question using the context with an integer and explain your answer [/INST] 16, There should be 26 zoning districts in Somerville: RA,RB,RC,NB,CBD,BA,BB ,BPA,IA,IP,IPA,OS, UN, Waterfront Overlay Districts, PUD-A, and the Highway Overlay District. " "[INST] Context: rea."" 4. Setbacks and Yard Regulations for Buildings. 1. Following are the setback requirements: a. Required front setback distance: no minimum and no maximum. b. Required side yard width: 10 feet minimum. c. Required rear yard depth: Minimum 15 feet 5. Display/Storage. No storage or permanent display of goods, products, materials or equipment, vending machines or similar commercial devices shall be located nearer to the line of any street than the permitted setback distance for a building on the lot. 6. Height Regulations. Building heights up to five (5) stories are allowed in the PSMUOD, and, as a development incentive, the SPGA may allow buildings higher than five (5) stories if the developer can demonstrate to the SPGA's satisfaction, that the increased height is in keeping with the purpose of the bylaw. 7. Common Open Land. 1. The developer is encouraged to have Common Open Land for use by the general public. The Common Open Land shall have a shape, dimension, character and location suitable to assure its use for park or open space purposes by the general public. 2. The SPGA may permit a density bonus of one (1) dwelling unit per 2,000 sf of Common Open Land provided the area of Common Open Land shall equal at least ten (10) percent of the total parcel area. 3. Any required takings for Right of Way (ROW) improvements including sidewalks along a public street, will not impact the minimum required ""buildable lot area"" for the development and may be included in the Common Open Land calculation if said land is transferred to the Town or State, as appropriate, free of charge. 7.0 Affordable Housing. 1. As a condition of the grant of any special permit in the PSMUOD creating more than ten (10) residential units, a minimum of the following total number of dwelling units shall be restricted as affordable for a period of not less that ninety-nine (99) years. Fractions of .49 or less shall be rounded down and .50 or more rounded up. The form of the ninety-nine year restriction shall be approved by legal counsel to the SPGA, and a rig f an applicant to pay a review fee shall be grounds for denial of the applicant/permit. D. Inspection review fees may only be spent for services rendered in connection with the specific project from which they were collected. Accrued interest may be spent for this purpose. At the completion of the Board's review of a project, any excess amount in the account, including interest, attributable to a specific project shall be repaid to the applicant or the applicant's successor in interest. A final report of said account shall be made available to the applicant or the applicant's successor in interest. For the purpose of this regulation, any person or entity claiming to be an applicant's successor in interest shall provide the Board with documentation establishing such succession in interest. E. The minimum qualifications of a consultant shall consist either of an educational degree in, or related to the field at issue, or three (3) or more years of practice in the field at issue, or a related field. (Approved on April 26, 2001) SECTION 344-35 Waiver of compliance Strict compliance with the requirements of these rules and regulations may be waived when such action is in the public interest and not inconsistent with the Subdivision Control Law. SECTION 344-36. Number of Dwellings per Lot Not more than one (1) building designed or available for dwelling purposes shall be erected or placed or converted to use as such on any lot in a subdivision or elsewhere within the Town without the consent of the Planning Board, which shall be granted only for structures in compliance with zoning restrictions and only upon the Board's finding that adequate ways and utilities serving such site for such buildings have been provided in the same manner as otherwise required for the lots within a subdivision. SECTION 344-37. Penalties and Fines (reserved as of April 26, 2001) SECTION 344.38. Matters Not Covered For matters not covered by these Rules and Regulations, reference is made to M.G.L.A., Ch 41, o 81D to o 81GG, inclusive. SECTION 344-39. Severability Each section of these Rules and Regulations shall be constructed as separate to the end that if any section, sentence, clause or phase shall be held invalid for any reason, the remainder of the Rules and Regulations shall continue in full force. SECTION 344-40. Other Applicable Rules and Regulations All work related to water, sewer and fire services within subdivisions building permit shall be issued for the construction of any of the above without site plan review approval and design plan approval. 9.4.2 Purpose. The purpose of site plan review is to further the purposes of this chapter and to ensure that new development is designed in a manner which reasonably protects safety or internal circulation and egress, provides adequate access to each structure for fire and service equipment, assures adequate utility service and drainage, protects visual and environmental qualities and protects the property values in the town. Site plan review and design plan review are intended to require plan submittal for review by the Planning Board or its designee, as advisory to the Building Inspector and the Special Permit Granting Authority (SPGA), prior to the issuance of a building or special permit. 1. The purpose of Design Plan Review is to provide detailed review of uses and structures having a substantial impact upon the character of the Town; to prevent blight; to enhance the natural and aesthetic qualities of the Town; to conserve the value of land and buildings; to protect and preserve the historic and cultural heritage of the Town; and to promote design which is compatible with present character of the Town. 9.4.3 Application. 1. Site plan review, design plan review and approval shall occur prior to the application for a building permit. 2. Prior to official application to the Planning Board, all requests for waivers from the provisions of this section shall be made, in writing, to the Planning Board for its review and decision. The Planning Board shall issue a written statement specifying waivers and/or additional information that must be included with the application within a fourteen-day period from the date of the first Planning Board meeting that follows the written waiver or condition request. 3. Incomplete applications shall not be accepted by the Planning Board. Following submission of an application to the Planning Board, the Board or its agent shall review the application for completeness within three (3) business days of the submission. Completeness shall be based on the r t the town's expense; and means, if any, of providing for design control. 7.5.3 Impact Statement. An analysis of the consequences of the proposed development, shall be submitted, evaluating the following impacts at a level of detail appropriate to the number of units proposed: 1. Natural environment: groundwater and surface water quality, groundwater level, stream flows, erosion and siltation, vegetation removal (especially unusual species and mature trees) and wildlife habitats. 2. Public services: traffic safety and congestion, need for water or sewer system improvements, need for additional public recreation facilities and need for additional school facilities. 3. Social environment: rate of town population growth and range of available housing choice. 4. Visual environment: visibility of buildings and parking and visual consistency with existing development in the area. 5. In the case of proposals for thirty (30) or more dwelling units, a site analysis shall also be submitted, consisting of a series of site analysis drawings at the same scale as the site plan, each on a separate sheet, indicating analysis of hydrologic systems, vegetative cover, slope and land form, soils and geology and such other characteristics as the applicant deems advisable. 7.5.4 Procedure. Forthwith upon receipt of the above materials, the Board of Appeals shall deliver one (1) set to the Chairman or designated alternate of the Planning Board, Conservation Commission and Board of Health for their review and recommendation, which shall be considered in the Board of Appeal's decision. No decision on a special permit for multifamily dwellings shall be made within thirty-five (35) days of the application without receipt of a report from the Planning Board, Board of Health and Conservation Commission. 7.5.5 Security. Before issuance of a special permit, a performance bond in the amount determined by the Board of Appeals shall have been posted in the name of the town assuring construction of access, utili is bylaw except §5.3 may be processed pursuant to G.L. Chapter 40, s. 21D. Fines for violations shall be assessed according to the following schedule: First offense: $100.00 Second offense: $200.00 Third and each succeeding offense: $300.00 Any person violating any provision of §5.3 shall be fined, if convicted, according to the following schedule: First offense: $25.00 Second offense: $50.00 Third offense: $100.00 Subsequent offenses: $200.00 Each day or part thereof of violation of any provision of this chapter, whether such violation is continuous or intermittent, shall constitute a separate and succeeding offense. Enforcement of this bylaw under the Non-Criminal Disposition process shall be carried out by the Zoning Enforcement Officer, the Assistant Zoning Enforcement Officer, any person having police powers, or other person so designated by the Town Manager. 9.2 BOARD OF APPEALS 9.2.1 Establishment. The Board of Appeals shall consist of three (3) members and four (4) associate members, who shall be appointed and act in all matters under this chapter in the manner prescribed by G.L. Chapter 40A and 41, as amended. 9.2.2 Powers. The Board of Appeals shall have and exercise all the powers granted to it by Chapters 40A, 40B, and 41 of the General Laws and by this By-Law. The Board's powers are as follows: 1. To hear and decide applications for special permits. Unless otherwise specified herein, the Board of Appeals shall serve as the special permit granting authority. 2. To hear and decide appeals or petitions for variances from the terms of this By-Law, with respect to particular land or structures, as set forth in G.L. c. 40A, s. 10. The Board of Appeals shall not grant use variances. 3. To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of G.L. c. 40A, ss. 8 and 15. 4. To hear and decide comprehensive permits for construction of low or moderate-income housing by a public agency or limited dividend or nonprofit corporation, as set forth in G.L. c. 40B, ss. 20-23. Is there a town-wide annual or biannual cap on residential permits issued, and/or is project phasing required? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know., Based on the section of the ordinance I have been provided, it does not appear that Ashland sets caps on permits or phases projects. However, without the full ordinance, I am unable to confirm this as the excerpt does not address permit caps directly. " "[INST] Context: ilding permits for new dwelling units on lots within the scope of this Section in any twelve (12) month period, regardless whether the permits pertain to subdivision lots, ANR lots, or any other lots. e) Further in limitation, no more than five (5) building permits shall be issued in any one subdivision for new dwelling units per year regardless of the identity of the applicant. The limitation imposed under this § shall be in addition to and independent of any limitation arising out of Section 11.6.2. f) In the case of any lot created after the effective date of this Section by a process involving neither an ANR plan nor a subdivision plan, such lot shall be treated under the provisions hereof as though it were an ANR lot and shall be counted towards the maximum complement of ANR lots. 11.8.3. Exemptions.. Building Permits for the following types of dwelling units are exempt from the Growth Rate Limitation provisions of this Bylaw: a) Dwelling units created under any statute or statutory program, the provisions of which, including any regulations duly adopted thereunder, specify a purpose of assisting or fostering the construction of low or moderate income housing. b) Any lot created prior to May 14, 2001, by Special Permit, subdivision plan, ANR plan, or other lawful process. c) Any lot created in any lawful manner which has an area of one hundred percent (100%) over the required minimum excluding Land Unsuitable for Development as defined in Section 20. d) Any lot created in an Open Space Development, Section 6.6. of this Bylaw and pertinent subsections, where the open space is at least one hundred percent (100%) over the required minimum excluding Land Unsuitable for Development as defined in Section 20. 11.8.4 Procedures. The procedure for establishing priority in the issuance of building permits shall be as follows: a) Initial priority will be established on a first come, first served basis by the submittal of a complete application for a building permit to the Building Inspector in the manner authorized by law. b) The Building Inspector will assign consecutive numbers (RD Numbers) issued thereunder. Subject to the foregoing provisions Backland lots shall comply with other provisions of the Dunstable Zoning Bylaw. 11.8.1 Applicability. The rate of development established hereunder shall apply to the issuance of all building permits for construction of new dwelling units on lots created after May 14, 2001. This Subsection 11.8. of the Zoning Bylaw shall lapse at midnight on Monday, May 9, 2011, unless the Town shall sooner vote to extend its provisions at a Special or Annual Town meeting following notice and hearing duly carried out according to Chapter 40A of the General Laws, as amended. In the event of any such vote, the Planning Board shall report to any such Town Meeting regarding the effectiveness of the Growth Rate Limitation provisions of this bylaw and regarding the need, if any, to continue and/or amend such provisions. Nothing in this Bylaw shall be deemed to alter any requirement that building permit applications be referred to the necessary Boards and/or Departments for review or approval. 11.8.2. General a) Unless exempted by Section 11.8.3. (below), building permits shall not be issued authorizing construction of more than forty-eight (48) dwelling units in any twenty-four (24) month period, with the first such period beginning with the effective date of this bylaw. b) No more than twenty-four (24) permits in any twenty-four (24) month period may be issued for Approval Not Required (ANR) lots, and no more than twenty-four (24) permits in any twenty-four (24) month period may be issued for dwelling units in a subdivision, subject to the exemption provisions of Section 11.8.3. c) Applicant within the meaning of this section shall mean the owner, beneficial owner, or person/entity in lawful control of ownership of the premises which are the subject of an application~ without regard to straws or other forms of nominal ownership. d) No applicant shall be issued more than seven (7) building permits for new dwelling units on lots within the scope of this Section in any twelve (12) month period, regardless whether the permits pertain to subdivision lots, ANR lots, or any other lots. e and Court and shall be set according to such specifications. No permanent monuments shall be installed until all construction that would destroy or disturb the monument is completed, Bounds shall be set flush with finished grade. D. Signs 1. Street Signs The developer shall furnish and erect street signs to designate the name of each street in his development; said signs shall conform to the specifications of those used by the Town and shall be located as directed by the Planning Board. Street names shall be submitted by the developer and approved by the Planning Board. 2. Traffic Control Signs The developer shall furnish and erect all traffic control signs needed for the development. Signs shall conform to the specifications of those used by the town, and shall be located as directed by the Planning Board. E. Trees Every effort shall be made to preserve the existing trees on the right-of-way and on the lots to be sold. Filling shall be done in such a manner as to preserve the trees wherever possible. The Planning Board shall require that the subdivider provide and plant at least six (6) suitable shade trees (variety approved by the Planning Board) per lot having a minimum height of twelve (12) feet. Four (4) trees shall be planted on lots at least 10 feet from the exterior line of the street right-of-way. Two (2) trees shall be planted between curbs and sidewalks for each 200 feet of lot frontage. F. Construction Standards 1. General The construction of these facilities shall be made only during weather and under conditions allowing for the fulfillment of good construction standards. In addition to periodic, unscheduled inspections and tests, the following are required. The developer is responsible for notifying the Board 48 hours before the requested inspection. Written approval from the Board or its agent is required before construction proceeds to the next step SECTION I. GENERAL The Planning Board, the Board of Selectmen or the Board of Appeals shall be the Special Permit Granting Authorities as specified in the various sections of the zoning by-law and shall hear and decide applications for special permits upon which they are empowered to act under the zoning by-law. Upon receipt of an application for a special permit, the Special Permit Granting Authority shall refer the application and plan to such boards and officials as they deem appropriate and shall not hold a public hearing on the application and plan to such boards and officials as they deem appropriate and shall not hold a public hearing on the application until such time as reports have been received from all boards and officials to whom such has been referred or thirty-five (35) days have elapsed following referral without receipt of such reports whichever occurs sooner. No request for a special permit shall be granted unless and until the Special Permit Granting Authority makes a written finding as to each of the following which it finds applicable to the application before it: 1. The proposed construction or use is consistent with the general purposes of the Zoning By-Law; 2. The proposed construction or use will not impair the integrity of the district and adjoining districts; 3. The proposed construction or use will not be detrimental to the health and welfare of the occupants and users thereof, and citizens of the Town; 4. The proposed construction or use will not be detrimental to the value of nearby property; SECTION 4. NON-CONFORMING USES 4.1 Any use or structure lawfully existing at the time of the adoption of (a) Construction or operations pursuant to such a building or special permit shall conform to the provisions of this bylaw as amended unless the use or construction is commenced within a period of six (6) months after issuance of the permit and, in cases involving construction, unless such construction is completed as continuously and expeditiously as is reasonable; (b) Whenever a non-conforming structure, lot or use has been made conforming, it shall not thereafter revert to any such non-conforming structure, lot, or use, subject nevertheless to the provisions of subsections (d) and (e) of this section. (c) Wherever a non-conforming use has been abandoned, it shall not, be re-established and any future use shall conform to the Zoning Bylaw and any amendment thereto. In any event, for purposes of this section, such use shall be deemed abandoned which has been discontinued for a period of two (2) years. (d) No building or other structure put to a non-conforming use which is destroyed or damaged by fire or other cause, or demolished to the extent, in any of such cases, of more than one-half (1/2) of its replacement value at the time of said damage or demolition as determined by the Building Inspector, who may for these purposes consult qualified appraisers, may be rebuilt for the purpose of reestablishing the non-conforming use, in full or in part, unless the Board of Appeals finds with respect to such reconstruction or repair, that it will not be substantially more detrimental to the neighborhood, with reference to the purposes of this bylaw, than the use existing prior to such damage or destruction. (e) Any reconstruction or repair of a partially destroyed, demolished or damaged structure put to a non-conforming use must be commenced within one (1) year of such damage or destruction, and the reconstruction completed and the structure occupied within two (2) years of such damage or destruction. 4.2 A non-conforming single or two-family residential structure may be 4.3 Any other lawful pre-existing non-conforming structure or use, 4.4 A single-family or two-family residential lot which complied with 4.5 No lot on which a building is located in any district, or Is there a town-wide annual or biannual cap on residential permits issued, and/or is project phasing required? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know., Dunstable does appear to use permit caps. However, the ordinance text says that such restrictions were set to lapse at midnight on Monday, May 9, 2011 without further ratification. It is now after that date, so I do not know if the permit cap restriction lapsed or not. Additionally, there is no direct menion of project phasing in the provided excerpt. " "[INST] Context: ntity designated by the PAA or, in the absence of such timely designation, by an entity designated by the DHCD. In any event, such Monitoring Agent shall ensure the following, both prior to issuance of a Building Permit for a Project within the QSGOD, and on a continuing basis thereafter, as the case may be: a. Prices of Affordable Homeownership Units are properly computed; rental amounts of Affordable Rental Units are properly computed; b. Income eligibility of households applying for Affordable Housing is properly and reliably determined; c. The housing marketing and resident selection plan conforms to all requirements and is properly administered; d. Sales and rentals are made to Eligible Households chosen in accordance with the housing marketing and resident selection plan with appropriate unit size for each household being properly determined and proper preference being given; and e. Affordable Housing Restrictions meeting the requirements of this Section are recorded with the proper registry of deeds. 7. Housing Marketing and Selection Plan. The housing marketing and selection plan shall make provision for payment by the Project applicant of reasonable costs to the Monitoring Agent to develop, advertise, and maintain the list of Eligible Households and to monitor and enforce compliance with affordability requirements, as set forth in 7-17.D. 8. Phasing. The PAA, as a condition of any Plan Approval, may require a Project to be phased in order to mitigate any extraordinary adverse Project impacts on nearby properties. For Projects that are approved and developed in phases, the PAA shall assure the required number of Affordable Housing Units in the Project, as per Section 7- 17(D)(2). Such assurance may be provided through use of the security devices referenced in G. L. c. 41, § 81U, or through the PAA's withholding of certificates of occupancy until proportionality has been achieved. No Density Bonus Payment will be received by the Town until such proportionality has been a . c. 41, § 81U, or through the PAA's withholding of certificates of occupancy until proportionality has been achieved. No Density Bonus Payment will be received by the Town until such proportionality has been achieved by the issuance of occupancy permits for the Affordable Housing Units in the Project. 9. Computation. Prior to the granting of any Plan Approval of a Project, the applicant must demonstrate, to the satisfaction of the Monitoring Agent, that the method by which such affordable rents or affordable purchase prices are computed shall be consistent with state or federal guidelines for affordability applicable to the Town. 10. No Waiver. Notwithstanding anything to the contrary herein, the Affordability provisions in this Section 7-17.D shall not be waived. E) PERMITTED AND PROHIBITED USES Except as otherwise provided by-law in each subzone, no building, structure or land shall be used or occupied except for the purposes permitted as set forth in the following Table of Use Regulations. The letter ""Y"" shall designate that a use requires Plan Approval. The letter ""N"" shall designate that a use is not permitted. The letters SP shall designate that the use requires a special permit from the Special Permit Granting Authority designated by the referenced Section of the Zoning Bylaw. 1. Residential Uses Multifamily dwellings including dwelling units over nonresidential space,X Y, XY, XN Assisted Living Facility, XN, XY, XN 2. Nonresidential Uses ""Trade, professional, or other school conducted as a private business for gain"", XN, XY, XY ""Swimming, tennis, fitness center, or other indoor or outdoor recreational facility as an accessory use"",XY, XY,X Y Town and municipal uses,X Y,X Y,X Y ""Business, financial, and professional use"",X N, XY, XY ""Offices and clinics for medical, psychiatric, or other health services for examination or treatment of persons as out-patient, including only laboratories that are part of such office or clinic N"",X Y, XY, Commercial or e rney General Approved August 13, 1990: Section XII, 12-7. B. 8. Section XII, 12-8. B., C., D., E., F. Zoning Map - Articles 61, 62, 63, 64, and 65 (revised map). Adjourned Annual Town Meeting - May 6, 1991; Attorney General Approved October 9, 1991: Section II, Definitions - DRIVEWAY Section VII, Special Provisions, 7-11. C. Section VIII, 8-1. Section XII, 12-4. Zoning Map - Article 43 Approved Annual Town Meeting - April 13, 1992; Attorney General Approved June 15, 1992: Zoning Map - Articles 20 and 21 Approved Adjourned Annual Town Meeting - April 14, 1992; Attorney General Approved June 15, 1992: Section VII, 7-10. Section X, 10-3. Approved Annual Town Meeting - April 12, 1993; Attorney General Approved May 19, 1993 Section IX, 9-2. Zoning Map - Article 34 Approved Annual Town Meeting - April 13, 1993; Attorney General Approved May 19, 1993 Section X-Signs Approved Special Town Meeting 11/8/93; Attorney General Approved January 18, 1994 Zoning Map (updated) - Article 10 Approved Annual Town Meeting - April 11, 1994; Attorney General Approved June 9, 1994 Section II, Definitions - OUTSIDE DINING FACILITY Section V, 5-3., E. 3 Section V, 5-3., B. 9 Zoning Map - Article 23 Approved Special Town Meeting - January 23, 1995; Attorney General Approved February 27, 1995 Section II, Definitions - CLUSTER DEVELOPMENT 5-3.A.6; 6-3; 7-4; 7-8; 12-7; 12-8 (all references to ""Cluster"" ) Section V, 5-3.A.5; 5-4.D; 6-3 (11); 7-5; 7-6.H; 7-8; 12-7; 12-8 (all references to ""Planned Unit Development"") Approved Annual Town Meeting - April 10, 1995; Attorney General Approved July 1, 1995 Section 6-3 (12) (13) (14) Section II, Definitions - LOT Section VII, 7-11. Flood Plain Section V, 5-4. Zoning Map - Article 31 Approved Annual Town Meeting - April 30, 1996; Attorney General Approved July 23, 1996 Section II, Definitions - DRIVEWAY Zoning Map - Articles 36 and 37 Approved Annual Town Meeting - April 14, 1997; Attorney General Approved August 25, 1997 Section II, Definitions - LOT Section IV, Sub-Sectio ey are required to serve; or, when practical difficulties as determined by the Board of Appeals prevent their establishment upon the same lot, they shall be established no further than 200 feet from the premises to which they are appurtenant. 8-6. TABLE OF OFF-STREET PARKING REGULATIONS 1. One single- or two-family dwelling,Two for each dwelling unit 2. Multifamily apartments,Two for each dwelling unit 3. Lodging unit,One for each bedroom in a lodging unit ""4. Theater, restaurant, auditorium, church or similar place of public assembly with seating facilities"",One for each three seats of total seating capacity ""5. New and used car sales and automo- tive service establishment and other retail and service establishments utilizing extensive display areas, either indoor or outdoor which are unusually extensive in relation to customer traffic"",""One per 1,000 sq. ft. of gross floor space. In the case of outdoor display areas, one for each 1,000 sq. ft. of lot area in such use."" ""6. Other retail, service, offices, finance, insurance, real estate establishment, or shopping center."",One per each 150 sq. ft. of gross floor space. ""7. Hotel, motel, tourist court"",One for each sleeping room plus one for each 100 sq. ft. of public meeting room and restaurant space. ""8. Wholesale establishment, warehouse or storage establishment"",""One per each 1,000 sq. ft. of gross floor space."" 9. Manufacturing or industrial establishment,""One per each 600 sq. ft. of gross floor space OR 0.75 per each employee of the combined employment of the two largest successive shifts, whichever is larger."" 10. Hospital,Two per bed at design capacity. 11. Nursing Home,One per bed at design capacity. ""12. Business, trade or industrial school or college"",One for each 200 sq. ft. of gross floor area in classrooms. 13. Other school,""Two per classroom in an elementary and junior high school. Four per classroom in a senior high plus one space for every ten seats of total seating capacity in auditorium or gymnasium, whichever has the larger capacity."" ""14. Community facility (Town building, recrea rced by the Easton Building Inspector. The Building Inspector, upon being informed in writing of a possible violation of the By-law or on his own initiative, shall make or cause to be made an investigation of facts and an inspection of the premises where such violation may exist. The Building Inspector, on evidence of any violation, after investigation and inspection shall give written notice of such violation to the owner and to the occupant of such premises. The Building Inspector shall demand in such notice that such violation be abated and within a reasonable time, designated therein by the Building Inspector. Such notice and demand may be given by mail addressed to the owner at the address appearing for him on the most recent real estate tax records of the Town of Easton and to the occupant at the address of the premises of such seeming violation. The Inspector of Buildings shall be charged with the enforcement of the Zoning By-law and shall withhold a permit for construction, alteration or moving of any building or structure if the building or structure as constructed, altered or moved would be in violation of any zoning by-law; and no permit or license shall be granted for a new use of a building, structure or land which use would be in violation of any zoning by-law. If the Inspector of Buildings is requested in writing to enforce such by-laws against any person allegedly in violation of the same and such inspector of buildings declines to act, he shall notify, in writing, the party requesting such enforcement of any action or refusal to act, and the reasons therefore, within fourteen days of receipt of such request. 12-4. VIOLATIONS AND PENALTIES Penalties for violations of any provision of this By-law may, upon conviction, be affixed in any amount not to exceed three hundred dollars ($300.00) for each offense. Each day, or portion of a day, that any violation is continued shall constitute a separate offense. In addition to the procedures for enforcement as described in the previous Is there a town-wide annual or biannual cap on residential permits issued, and/or is project phasing required? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Yes to the question on permit phasing. According to Section 7-17.D(2), the PAA may require a Project in the QSROD to be phased in order to mitigate extraordinary adverse Project impacts on nearby properties. On permit caps, I do not know. There is no mention in the bylaw about annual or biannual cap on residential permits, but I do not have the full ordinance to confirm that there are no caps." "[INST] Context: ed evidence of such written notice to the Selectmen, Planning Board, or Zoning Board of Appeals, as appropriate, a copy of which petition or application shall forthwith be given to the Town Clerk by the applicant. Any special permit granted under this By-Law shall lapse 2 years from the date of the granting of such permit (including time required to pursue or await the determination of an appeal from the grant thereof) if a substantial use thereof has not sooner commenced, or, in the case of a permit for construction, if such construction has not begun by such date, unless such failure is for good cause. Uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, may be permitted upon the issuance of a special permit by the Selectmen providing the Selectmen find that the proposed accessory use does not substantially derogate from the public good. Petitions or applications for special permits under the By-Law shall be submitted to and reviewed by the following (such reviews may be held either jointly or severally): the Board of Health, the Planning Board, the Conservation Commission and any other Board or Commission of the Town to which petition or application to be submitted for review. Any such Board or Commission to which petitions or applications are referred for review shall make such recommendations as they deem appropriate and shall send copies thereof to the Selectmen, Planning Board, or zoning Board of Appeals, as applicable, and to the applicant; provided, however, that failure of any such Board or Commission to make recommendations within 35 days of receipt by such Board or Commission of the petition or application shall be deemed lack of opposition thereto. (2) Granting Authority. When a five-member Planning Board has been designated as the special permit-granting authority, one associate member may be authorized for a one-year term. The Board of Selectmen to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby and for the installation of municipal services to serve such land and the building erected or to be erected thereon and the first course of pavement for such way has been installed in accordance with such plan, as certified in writing by the Planning Board. No certificate of occupancy shall be issued for such lot until the second and final course of pavement has been installed in accordance with such plan, as certified in writing by the Planning Board. (i) Grandfathering. The provisions of § 97-10B of the Zoning By-Law shall not apply in the PIOD. The construction of single residences in the PIOD shall be governed by G.L. c. 40A, s. 6. Para. 4. (j) The Board of Appeals may grant use variances within the PIOD provided the Board of Appeals finds that the proposed use is not more detrimental than the current use. E. Flood Zone. (1) In all zones V1-30. The following Subsections shall be applicable in all districts of the Town which are classified as being within Zones V1-30 (coastal high hazard area) on the special Federal Insurance Administration's Flood Insurance Rate Maps(FIRM), effective* July 17, 1986* which map(s), as amended from time to time, shall be kept on file with the Town Clerk, the Planning Board and the Building Inspector, the following subsections shall be applicable: (a) With respect to all new or substantially improved structures, the application and plans for the building permit shall provide the elevation (in relation to mean sea level) of the lowest habitable floor (including basement), whether or not such structures contain a basement and, if the structure is to be or has been flood-proofed, provide the elevation (in relation to mean sea level) to which the structure is or has been flood-proofed; (b) All new construction shall be located landward of the reach of mean high tide; (c) (Reserved) (d) (Reserved) (e) The use of fill for structural support of buildings or other structures sha s shall only be issued upon a showing of good and sufficient cause, a determination that failure to grant the variances would result in exceptional hardship to the applicant and a determination that the granting of a variance would not result in increased flood heights, additional threats to public safety, extraordinary public expenses, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances, other than the provisions of § 97-4E. together with all sections thereof, of this By-Law; (f) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford the relief requested; (g) The Permit Granting Authority shall notify the applicant for a variance in writing over the signature of the Chairman of the Permit Granting Authority that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100-.00 of insurance coverage and such construction below the base flood level increased risks to life and property. Such notification shall be maintained with the records of all variance actions maintained pursuant to requests for variances from the provisions of § 97-4E. together with all sections thereof. F. Adult Entertainment. (1) Nothing herein contained is intended or shall be construed to prohibit and/or limit the use of the land within this district for those uses permitted in an Industrial District. (2) Location limitations of Adult Entertainment Businesses. No person shall establish or cause or permit to be established an Adult Entertainment Business within One Thousand Five Hundred feet (1500') of any other building or structure containing another Adult Entertainment Business nor within Seven Hundred Fifty feet (750') of any public or private school, public or private park or recreation area, public or private buildings with programs for minors, or religious institution, elder housing, library, hospital or emergency m m of three (3) temporary signs plus 1 for each additional separately identifiable unit over one (1) shall be allowed per lot. All temporary signs shall not exceed six (6) feet in height and shall not exceed six (6) square feet each. Temporary signs shall be set back at least ten (10) feet from the edge of the traveled way, except where insufficient setback exists; in such cases, signs shall be attached to a building wall facing the traveled way. All temporary signage shall be removed within 14 days of the completion of any specific event or election to which they may be related The following types of signs do not require a permit but will count toward the total number of allowed signs on a lot: (a) Construction signs: Signs identifying architects, engineers, contractors and tradesmen involved with the construction, and signs announcing the purpose for which the building is intended. (b) Real estate signs: Signs which advertise the sale, rental or lease of the premises or part of the premises on which the signs are displayed. (c) Political campaign signs: Signs announcing political positions or candidates seeking public office and other data pertinent thereto. (d) Temporary signs may be erected on Town owned property upon application to the Selectmen, provided all such signs are removed within fourteen (14) days of the conclusion of the event or events. Such signs shall respect the purposes set out in Section A of this bylaw and obey the prohibitions set out in Section B of this bylaw. (7) Agricultural-Residential and Parker River Residential: Permits are not required in these zones for the following: (a) One identification sign for each dwelling unit provided: such sign shall not exceed two (2) square feet in surface area; if lighted, it shall be illuminated with a white light directed solely at the sign. (b) One identification sign for a home occupation that is registered with the Town provided: such sign shall not exceed 6 square feet in surface area; if lighted, it shall be illuminated with white light directed solely at the sign. (c) One identification sign ARTICLE X GENERAL REGULATIONS § 97-10. General Regulations. A. Nonconforming Uses (Except Plum Island Overlay District). (1) Continuance: (a) The lawful use of any structure or land existing at the time of enactment or subsequent amendment of this By-Law may be continued, although such structure or use does not conform to the provisions of the By-Law. But if any such nonconforming use or structure is not used for a period of two (2) years, it shall not thereafter be resumed. Nonconforming structures or uses may be extended or altered, provided, however, that no such extension or alteration shall be permitted unless there is a finding by the Permit Granting Authority that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. Constructions or operations under a building or special permit shall conform to any subsequent amendment of this By-Law unless the use or construction is commenced within a period of not more than six (6) months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion, as continuously and expeditiously as is reasonable. B. Grandfathering: (a) Notwithstanding any provision of this By-Law, a single residence or any other permitted buildings or structures in all zones may be erected on any lot registered at the Registry of Deeds in Salem prior to July 1, 1959. Not withstanding any provisions of this By-Law, a single residence or any other permitted buildings or structures may be erected in the agricultural-residential district on any lot which has not less than 100 feet of frontage on a street or way, and was recorded at the Registry of Deeds in Salem prior to March 21, 1978, and otherwise met all of the applicable requirement of the Zoning By-Law in effect at the time it was recorded or registered. Notwithstanding any provisions of t Is there a town-wide annual or biannual cap on residential permits issued, and/or is project phasing required? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know., Based on the provided zoning bylaw, there are no explicit mentions of a town-wide annual or biannual cap on residential permits issued nor project phasing requirements. However, I have not read the full ordinance, so I cannot say for sure that there are no such requirements. " "[INST] Context: paces in excess of needs. Therefore, in the case of those uses which require a Special Permit pursuant to Section 4.4 - Commercial Uses and Section 4.5 - Industrial Uses and for those uses which require Site Plan Approval, the Planning Board may permit deviations from the presumptive requirements and may require more parking or allow less parking and shall determine the final number of parking spaces required based upon reference to available studies and data and, at the Board's discretion, with the assistance of qualified expert consultants. **Webmasters Note: The previous paragraph has been added as per an update approved at a town meeting held on 5/9/05. USE CLASS,INCLUDING BUT NOT LIMITED TO THE FOLLOWING USES:,MINIMUM NUMBER OF OFF - STREET PARKING SPACES TO BE PROVIDED Special Uses,""Eating, Drinking Places, Restaurants, Theater and Night Clubs."",One space for every four seats determined by the seating capacity of the establish- ment. ,""Food, Grocery Supermarkets, Roadside Stands, Funeral Homes, Retail Farm Outlet Auto Repair Garages and Service Stations."",""One space for every 100 square feet of floor area open to customers, visitors and the public, or used for sales or customer service."" ""Cultural Institutions Financial Institutions, Retail of bulky Items"",""Art Galleries, Libraries and Museums; appliance, automotive, furniture, rug or tire sales; banks and financial institutions; bakeries and printing shops; dealers in boats, fuel, grain, lumber."",""At least one space for each 400 square feet floor area open to customers visitors, the public or used for sales or customer services."" Industrial and Manufacturing Uses,""Research and development laboratories and and other manufacturing and processing plants, including the space therein used for offices and storage."",At least one space for each 800 square feet floor area. Warehouses,""Warehouses, storage and distribution facilities involving no sales or customer services on the on the premises, freight terminals."",""At least one space for each 3,000 square feet of floor area."" 7.7 If it can be demonstrated to the satisfaction of the Board of Appeals 7.8 The parking outdoors of more than one unregistered, unservice shall establish and may periodically amend a schedule of application fees and review deposits for all applications under this section. No application shall be considered complete unless accompanied by the required application fees and review deposits. 15.6 Objectives in evaluating and rendering a decision on a proposed development plan which 15.6.1 Natural Environment: - Minimize tree, vegetation and soil removal; minimize the volume of cut, fill and grade changes; minimize the use of wetlands, steep slopes and floodplains; eliminate or minimize soil erosion and sedimentation by requiring an erosion and sediment control plan be in place prior to and during construction; - Promote the infiltration and recharge of groundwater and control the volume and rate of storm water runoff resulting from land disturbance activities by requiring a storm water management plan which utilizes both structural and non-structural best management practices (BMPs); - Ensure adequate long term operation and maintenance of stormwater management facilities by requiring inspection during construction and installation and by requiring an operation and maintenance plan; - Require practices to control waste such as discarded, building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts on water quality. - Minimize obstruction of scenic views from publicly accessible locations. **Webmasters Note: The previous section has been amended as per an update approved at a town meeting held 5/6/08. 15.6.2 Traffic, Parking and Pedestrian Circulation: - Following project development the ""level of service"" (LOS) of any impacted intersections and streets affected by the proposed project shall not be reduced below LOS ""C"" or the existing LOS, whichever is lower, for local or collector intersections or streets or below LOS ""D"" or the existing LOS, whichever is lower, for arterial intersections or streets. For the purposes of this standard the following definitions Board shall be the Special Permit Granting Authority (SPGA) for all Special Permits under this by-law. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held on 5/10/04. 19.3.2 Multiple Units. This bylaw shall apply to the construction of six (6) or more multi-family dwelling units, whether on one or more contiguous parcels, in existence as of October 8, 2003 and shall require a Special Permit. 19.4 MANDATORY PROVISION OF AFFORDABLE UNITS The Planning Board shall, as a condition of approval of any division of land or construction of multiple units referred to in Section 19.3, above, require that the applicant for approval of a Special Permit comply with the obligation to provide affordable housing pursuant to this bylaw and more fully described in Section 19.5, below. 19.5 PROVISION OF AFFORDABLE UNITS The Planning Board shall deny any application for a Special Permit for division of land or construction of multiple units under this by-law if the applicant does not comply, at a minimum with the following requirements for affordable units. 19.5.1 At least ten (10) percent of the lots in a division of land or units in a multiple unit development subject to this by-law shall be established as affordable housing units in any one or combination of methods provided for below. Fractions of a lot or dwelling unit shall be rounded up to the nearest whole number such that a development proposing six (6) dwelling units shall require one affordable unit, a development proposing eleven (11) dwelling units shall require two affordable units and so on: 19.5.1.1 The affordable units shall be constructed or rehabilitated on the subject property; I 19.5.1.2 the affordable units shall be constructed or rehabilitated on a property different than the property subject to the Special Permit; 19.5.1.3 the applicant shall make an equivalent fees-in-lieu-of payment (see Section 19.10); 19.5.1.4 the applicant may offer, and the Planning Board after consultation with the Board of Selectmen may accept, donations of land in fee simple, on or offsite, that the Planning Board determines are suitab feet per unit; within Zone III the minimum lot area for residential and non-residential use shall be 60,000 square feet per unit except that in the Village Commercial zoning district the minimum lot area for residential and commercial uses shall be as per the dimensional requirements of the Village Commercial district. b. No existing lot used for multi-family dwellings shall be changed in size so as to result in a violation of the requirements of this Section. c. Lots may be reduced through the Residential Cluster Development Special Permit process (Section 6.8 43), provided that the provisions of Section 6.8 #2, as amended in Article 23, Norton Town Meeting of 5/2/88, are met. 6.8 RESIDENTIAL CLUSTER DEVELOPMENT REGULATIONS a. Single-family, duplex, and multi-family Cluster Development may be allowed by a special permit in Zoning District specified in Table 4.2. b. In order to encourage better site planning in the placement of buildings and improvements, the Planning Board may allow more than one building to be located on a single lot. DIMENSIONAL REQUIREMENTS 1. The site proposed for Cluster Development shall be not less than ten acres for Single-family, fifteen acres for duplex and twenty acres for Multi-family in area and shall be under a single owner or a group of owners acting jointly. 2. No site shall be developed in a manner which would result in a greater number of dwelling units being constructed in a Cluster Development than would be permitted in a conventional single family development on the same site. 3. In Cluster Development made up of individual lots, each lot may be reduced in size up to 50% from the minimum size allowed in the zoning district in which the site is located. Where on-site sewage disposal is required, a minimum lot area of 40,000 square feet shall be required. 4. The Townhouse or Rowhouse Development without individual lots, the area allocated to buildings, streets, parking and storage areas shall not exceed 50% of the building site area if the maximum number of allowable units are proposed. The area allocated to buildings, streets, parking and storage area may be reduced from 50% of total building site area in a ratio equival 9-Special Permits. 15.8.1 Approval The Planning Board shall approve an application based on its review of the projected development impacts and the proposed methods of mitigating such impacts upon a finding that the proposed development is in conformance with this By-law. The Planning Board may impose conditions on a site plan, which although in proper form, depicts a use or structure that fails to comply with the objectives required by this By-law and when, in the opinion of the Planning Board, such conditions will render the site plan in compliance with the objectives of this By-law. Such conditions may include, among other matters and subjects, the following: - Controls on the location and type of access to the site. - Requirements for off-site improvements to improve the capacity and safety of roads, intersections, pedestrian ways, water, sewer, drainage, and other public facilities which are likely to be affected by the proposed development. - Requirements for securing the performance of all proposed work, including proposed off-site improvements, by deposit with the Town's Treasurer of a performance bond, negotiable security, cash, or bank passbook in an amount determined by the Planning Board to be sufficient to cover the cost of all or any part of the improvements required as conditions of approval; - Conditions to minimize off-site impacts on traffic and environmental quality during construction. - Requirements for screening parking facilities from adjoining premises or from the street by walls, fences, plantings, or other devices to mitigate adverse impacts. - Conditions to mitigate adverse impacts to the neighborhood and abutters, including but not limited to adverse impacts cause by noise, dust fumes, odors, lighting, headlight glare, hours of operation. Development work shall conform fully to the approved Site Plan, associated conditions, limitations and safeguards. Any proposed changes to the approve Site Plan must be submitted for review by the Planning Board before such change is mad Is there a town-wide annual or biannual cap on residential permits issued, and/or is project phasing required? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know., Based on the provided zoning bylaws, there is no explicit town-wide annual or biannual cap on residential permits issued, nor is there a mention of project phasing. However, I do not have the full ordinance, so I cannot confirm that there are no such restrictions. " "[INST] Context: permit granting authority under the same terms and conditions as specified in 4.4.9(b)(2) of this ordinance. (Ord. of 8-25-88, § 4) (3) Each unit must have a minimum lot size of not less than ten thousand (10,000) square feet in addition to common areas and roads except in the case of bonus densities granted under 4.4.9(c)(2) in which case minimum lot size will be not less than eight thousand (8,000) square feet in addition to common area and roads. (Ord. of 8-25-88, § 5) (4) Single-story houses shall not be entirely rectangular, but present a street facade varied by setbacks, porches, breezeways, garages, etc. (5) Roofs shall be pitched and shingled in a manner compatible with one family dwellings. (6) The narrow end of a rectangular house may not face the street unless a garage and/or breezeway creates a larger facade. (d) Procedures. (1) Pre-application Conference: A developer desiring to obtain a special permit to construct a planned residential development shall request a pre-application conference with the planning board prior to submitting an application for the special permit. At the pre-application conference, the planning board shall familiarize the developer with the process for obtaining a special permit for a PRD and explain to him issues that shall be considered in planning the project. (2) Submission of Definitive Plan: a. The applicant shall submit to the special permit granting authority an application for a special permit hereunder accompanied by the original of the definitive plan. Seventeen (17) copies of the application and definitive plan shall also be filed in the city clerk's office. A fee of one hundred dollars ($100.00) by bank or certified check payable to the City of Peabody shall accompany the submission of the application and plan. In addition, the applicant shall pay the cost of advertisement and notification of all ""parties in interest"" as defined in G.L., c. 40A, §11. b. The city clerk shall transmit a copy of the definitive plan to the planning board, conservation commission, expiration of the said thirty (30) day period, after which time the said building inspector may act, notwithstanding the failure of the said planning board or the said director of public services to make any recommendations as aforesaid. 7.2.4 Time limit on permit as related to ordinance amendment. Construction or operations under a building or special permit shall conform to any subsequent amendment of this ordinance unless the use or construction authorized by said permit is commenced within a period of not more than six (6) months after the issuance of the permit and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. 7.2.5 Restriction on Number of Building Permits for New Single Family Residential Dwellings. The number of Building Permits for new single family residential dwellings issued by the Inspector of Buildings shall be limited to fifty (50) per calendar year. 7.3 TEMPORARY PERMIT The building inspector may issue temporary and conditional permits for structures and uses which do not conform to the regulations herein prescribed for use in connection with the construction of permitted structures and uses, provided that no such permit shall be for more than a one-year period, subject to renewal in case of need. No temporary permit shall be issued for a use of a permanent nature. (Ord. of 6-27-78, § 1(7.3)) 7.4 CERTIFICATE OF OCCUPANCY No building or mobile home erected, altered or in any way changed as to construction or use, under a permit or otherwise, and no land used, except as provided herein, shall be occupied or used without a certificate of occupancy signed by the board of health and the building inspector, which may be on or separate from the building permit and which shall not be issued until the building and its uses and accessory uses and the use of all land comply in all respects with this ordinance and with the permit. 7.5 PENALTY Any person, firm or corporation viola s in specified districts which are in harmony with the general purposes and intent of this ordinance and which shall be subject to any general or specific rules prescribed herein and to any appropriate conditions, safeguards and limitations on time and use. A special permit shall lapse within a two-year period or a shorter period if so specified and if a substantial use thereof has not sooner commenced except for good cause or in the case of a permit for construction if construction has not begun within the period except for good cause. 7.7.2 Rules. The city council acting as the special permit granting authority shall adopt rules and procedures not inconsistent with this ordinance and the provisions of Massachusetts General Laws, Chapter 40A for the conduct of its business in granting a special permit as authorized by subsection 7.7.1 and shall file a copy thereof with the city clerk. Said rules shall be similar to those required of the board of appeals under subsection 7.6.4 herein. 7.7.3 Procedures. An application for a special permit shall be submitted to the city council acting as the special permit granting authority for uses designated in subsection 4.2 schedule of use regulations and where a special permit is required in other subsections of this ordinance, except that an application for a special permit for a cluster development under section 4.4.4 shall be filed with the Peabody Planning Board, designated as the special permit granting authority for cluster developments only. The city council shall be the special permit granting authority for the hillside protection overlay district under section 4.4.12. The planning board shall hold a public hearing on the application filed with the city council. Said hearing shall be held within forty-five (45) days of receipt of the application by the planning board, and they shall make a recommendation as they deem appropriate to the city council; provided, however, that if the planning board fails to make recommendations within twenty-one in a prominent place on the lot or structure for which it was issued. 7.2.3 Building permit plan. Each application for a building permit for other than a single-family or a two-family dwelling house shall be accompanied by a building permit plan. Said plan shall show the existing and proposed building or buildings and structures, including type of construction and building materials, the driveway, parking area, facilities for sewerage and surface water drainage, fences, walls, and walks, existing and proposed topography at a two (2) foot contour interval, and such other matters as may be appropriate. In the case of applications with respect to buildings, seventeen (17) copies of the accompanying plan shall be filed with the city clerk: One (1) copy of said plan shall be forwarded by the city clerk to the community development authority for its review and recommendations, if any; one (1) copy of the said plan shall be forwarded by the city clerk to the board of health, one (1) copy of the said plan shall be forwarded by the city clerk to the city council; one (1) copy of the plan shall be forwarded by the city clerk to the conservation commission; one (1) copy of the said plan shall be forwarded by the city clerk to the department of public services; one (1) copy of the said plan shall be forwarded by the city clerk to the building inspector; eleven (11) copies of the said plan shall be forwarded by the city clerk together with a linen or other reproducible copy of the said plan, to the planning board. (Ord. of 3-18-80, § 1(7.2)) The said planning board and the director of the said department of public services shall have thirty (30) days within which to make recommendations, if any, that they shall deem advisable to the building inspector. No building permit shall be issued until the expiration of the said thirty (30) day period, after which time the said building inspector may act, notwithstanding the failure of the said planning board or the said director of public services to make any r Section 7: Administration 7.1 ENFORCEMENT Except as otherwise provided, this ordinance shall be enforced by the building inspector. He shall approve no applications or plans or specifications or intended uses of any kind which are not in all respects in conformity with this ordinance. If the building inspector is requested in writing to enforce a provision or provisions of this ordinance against any person allegedly in violation of the same and such officer declines to act, he shall notify, in writing, the party requesting such enforcement of any action or refusal to act, and the reasons therefor, within fourteen (14) days of receipt of such request. 7.2 BUILDING PERMIT 7.2.1 Permit requirement. No building shall be constructed, reconstructed or moved and no use of land or building shall be begun or changed without a permit having first been issued by the building inspector. No such permit shall be issued until such proposed construction, alteration, or use, as proposed, shall comply in all respects with the provisions of this ordinance or with a decision of the board of appeals or the city council. 7.2.2 Plat of lot. All applications for building permits shall be accompanied by a plat of the lot and six (6) copies drawn to scale, showing the actual dimensions of the lot location and size of buildings already upon the lot, and of the additions, building or buildings to be erected, with notation of use of parts, together with streets and alleys on and adjacent to the lot. One copy of such applications and plats shall be kept on file in the office of the building inspector, a copy of the plat shall be returned with the permit to the applicant. The planning board shall receive a copy of all permits issued within two (2) weeks after issuance. A copy of the permit shall be displayed in a prominent place on the lot or structure for which it was issued. 7.2.3 Building permit plan. Each application for a building permit for other than a single-family or a two-family dwelling house shal Is there a town-wide annual or biannual cap on residential permits issued, and/or is project phasing required? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Yes, because the number of Building Permits for new single family residential dwellings issued by the Inspector of Buildings shall be limited to fifty (50) per calendar year. There is no mention of project phasing in the provided excerpt, but without the whole ordinance the answer as to project phasing is ""I don't know.""" "[INST] Context: not usually emptied after use or which customarily remain filled for the season. 5500. ENVIRONMENTAL STANDARDS 5510. General. No land or building in a Commercial or Industrial District or land or building which is subject to a special permit in any other district shall be used, occupied or operated in such a manner as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration, smoke, dust, dirt or other form of air or water pollution; electrical or other disturbances; glare or other substance, condition or element in such amount as to adversely affect the surrounding area or premises. The following standards shall apply in addition to any other standards set forth in the Town Bylaws and the statutes and regulations of the commonwealth and the federal government. 5520. Standards The following performance standards shall apply in the issuance of any permit: 5521. Outdoor Lighting. Any outdoor lighting device, including but not limited to signs, shall employ only lights emitting a light of constant intensity. In no event shall a lighting device be so placed or directed as to permit the beam and illumination therefrom to be directed or beamed upon a public street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or other nuisance. No such lighting shall be erected so as to obstruct traffic sight lines for drivers or pedestrians. a. Glare. No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise, shall be permitted so as to be visible at the lot line of the premises. This restriction shall not apply to signs otherwise permitted by the provisions of this Zoning Bylaw. 5522. Fire and Explosion Hazards. All activities involving and all storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and to approve any related plan for subdivision, nor reduce any time periods for Board consideration under the law. However, in order to facilitate processing, the Planning Board may, insofar as practical under existing law, accept a combined plan and application which shall satisfy both this section and the Board's regulations under the Subdivision Control Act. 7350. Conditions. Where a special permit for multifamily residential development is granted which is not subject to subdivision control, the Planning Board shall impose all or such part of its subdivision control requirements as it deems advisable as conditions upon its permit, including but not limited to the construction of roads and driveways, drainage facilities and other facilities and utilities, and shall require a bond or covenant in the manner prescribed in the subdivision regulations to secure performance of the entire plan for multifamily residential development as approved for special permit. 7400. TRAILERS 7410. General No person shall use or permit to be used for dwelling purposes within the town any trailer or similar mobile equipment, whether registered or unregistered, mobile or immobile, except that mobile trailers may be used for temporary dwelling purposes, provided that such use is licensed by the Selectmen, said license to be applied for by the occupant within three days after the unit is located in the town and with no license granted hereunder to be for a period exceeding six calendar months. 7420. Preexisting Trailers. The above restrictions shall not apply to trailers which are presently or are hereafter placed in any trailer park already in existence in the town or to any existing trailer presently being used for dwelling purposes, which trailers shall be subject to and limited by licenses, if any, presently in effect. 7421. Such trailers may be replaced by a trailer not more than 20% larger in volume than the lawfully preexisting trailer. 7500. REAR LOTS 7510. General In a Rural, Town Suburban or Recreational Residential District, a building and occupancy permit for one (1) single family dwelling unit may be issued notwithstanding the minimum frontage requirements set forth in Section 4000, subject to 9350. Plans. Unless otherwise provided in the rules and regulations of the Special Permit Granting Authority, an applicant for a special permit shall submit a plan in substantial conformance with the requirements of Section 9452, herein. 9360. Regulations; Fees. The special permit granting authority may adopt rules and regulations for the administration of this section, including reasonable administrative fees and technical review fees for applications for special permits. 9370. Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 24 months following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in G.L. c. 40A, s. 17, from the grant thereof) with the Town Clerk. 9400. SITE PLAN REVIEW 9410. Applicability. The following types of activities and uses require site plan review by the Planning Board: 9411. Except for single and two-family dwellings or their accessory uses, minor site plan approval shall be required for the construction, exterior alteration, conversion, expansion or change in use of a structure that will have not more than three thousand (3,000) square feet of gross area, including all usable space, and for additions which will extend a structure to not more than three thousand (3,000) square feet of gross area. 9412. Except for single and two-family dwellings or their accessory uses, major site plan approval shall be required for the construction, exterior alteration, conversion, expansion or change in use of a structure that will have more than three thousand (3,000) square feet of gross area, including all usable space, and for additions which will extend a structure to more than three thousand (3,000) square feet of gross area and for any building construction proposing to incorporate a drive-through or drive-up window. 9413. Construction or expansion of six or more parking spaces for a use other than single or two-f 0 square feet or more on a single lot, even if less than half the lot area, shall be allowed only under special permit from the Planning Board, which shall be granted only upon demonstration that adequate provisions have been made to protect against erosion, soil instability, uncontrolled surface water runoff, or other environmental degradation. Applications and plans for such special permits shall be referred to the Conservation Commission for its advisory review. 5532. All such slopes exceeding 15% which result from site grading or construction activities shall either, be covered with topsoil to a depth of 4 inches and planted with vegetative cover sufficient to prevent erosion or be retained by a wall constructed of masonry, reinforced concrete or treated pile or timber. 5533. No area or areas totaling 20,000 square feet or more on any parcel or contiguous parcels in the same ownership shall have existing vegetation clear-stripped or be filled 6 inches or more so as to destroy existing vegetation unless in conjunction with agricultural activity, or unless necessarily incidental to construction on the premises under a currently valid building permit, or unless within streets which are either public or designated on an approved subdivision plan, or unless a special permit is approved by the Planning Board on condition that runoff will be controlled, erosion avoided, and either a constructed surface or cover vegetation will be provided not later than the first full spring season immediately following completion of the stripping operation. No stripped area or areas which are allowed by special permit shall remain through the winter without a temporary cover of winter rye or similar plant material being provided for soil control, except in the case of agricultural activity where such temporary cover would be infeasible. 5534. The Building Commissioner may require the submission of all information from the building permit applicant or the landowner, in addition to that otherwise specified herein, n addition to the issuance of a permit for building, use or zoning certificate of occupancy. Those to whom the applications are referred shall report the results of their review to the Building Inspector and the applicant within fourteen (14) days of the receipt of a copy of the application. Failure to make a report shall not delay the issuance of a permit for building, use or zoning certificate of occupancy, nor shall it constitute approval of the proposed use by a board or agency failing to respond. 9150. Decision. 9151. The Building Inspector shall have thirty (30) days from the date of the filing of a complete application for a permit for building or use within which to issue or deny the permit. In the case of a denial, the Building Inspector shall specify in detail where the applicant's proposal is not in compliance, referencing specific sections of this chapter. 9152. The Building Inspector shall have thirty (30) days from the date of the filing of a completed application form and filing fee for a zoning certificate of occupancy within which to issue a certificate, issue a temporary certificate or deny the certificate. In the case of denial, the Building Inspector shall specify in detail where the applicant's proposal is not in compliance with a section in this chapter or a condition in a special permit, variance or other zoning permit. 9160. Enforcement. The Building Commissioner shall institute and take any and all such action as may be necessary to enforce full compliance with any and all of the provisions of this Bylaw and of permits and variances issued thereunder, including notification of noncompliance and request for legal action through the Selectmen to Town Counsel. 9170. Penalties. The penalty for violation of any provision of this Bylaw, of any of the conditions under which a permit is issued, or of any decision rendered by the Board of Appeals shall be Three Hundred dollars ($300.00) for each offense. Each day that each violation continues shall constitute a separate offense. 91 Is there a town-wide annual or biannual cap on residential permits issued, and/or is project phasing required? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know., The provided excerpt does not address permit caps nor project phasing, but that does not mean the full ordinance does not have any such restrictions. Environmental standards, the topic of the excerpt, do not relate to permit caps or project phasing." "[INST] Context: ice, including copies of any plans, of cases where land that has been previously divided within the calendar year, is having additional lots being created within the same calendar year. E. Applicability, Effect and Definitions (a) For the purpose of this section, a calendar year will run from January 1st of a given year to January 1st of a following year. (b) For the purpose of this section, percentage shall be rounded to the nearest whole number. (c) For the purpose of this section, the following terms shall have the following meanings: (1) DEVELOPMENT shall mean a single parcel or set of contiguous parcels of land held in common ownership at any time on or after the date of adoption of this section, for which one or more building permits will be sought. (2) PHASE DEVELOPMENT SCHEDULE shall mean a schedule authorized by the Planning Board in accordance with Subsection F of this section. F. Phase Development Schedule For lots created through the division of land, of five (5) lots or greater, the Building Inspector shall only issue building permits (and other associated permits) for construction of new residential dwellings in accordance with the following phase development schedule: Number of Lots Building Permits issued per year Conventional Subdivision Development 5-19 up to 5 lots 20% of total 20 + Residential Cluster Development 5-19 up to 10 lots 20 + 25% total 2.15 Senior Village Overlay District A. Purpose A Senior Housing Development (SHD), as approved by the Special Permit Granting Authority (Planning Board ), is intended to provide a type of housing which reduces residents' burdens of property maintenance and which reduces demands on municipal services; to promote flexibility in land use planning in order to improve site layouts; to protect natural features and environmental values of land; and to utilize land in harmony with neighboring properties; encourage creative and innovative site planning and design in order to enhance the attractiveness and suitability of smaller homes as a prefer by-law and shall hear and decide applications for special permits subject to the special and general conditions of this by-law. No special permit may be issued except following a public hearing held within sixty-five days after the filing of an application with the Board of Appeals, a copy of which shall be forthwith given to the Town Clerk by the applicant. If substantial use or construction under a special permit has not commenced within two years after the issuance of such permit, except for a good cause and including any time needed to await the determination of any court appeal, the special permit shall lapse and become void. 1.4.3 Variances The Board of Appeals may authorize upon appeal, or upon petition with respect to particular land or to structures thereon a variance from the terms of this By-Law where, owing to circumstances relating to the soil conditions, shape, or topography of such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this By-Law would involve substantial hardship, financial or otherwise, to the appellant, and where desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this By-Law, but not otherwise. 1.5 Amendments This By-Law may be amended from time to time at any annual or special town meeting in accordance with the provisions of Section 5 of Chapter 40A. 1.6 Validity The invalidity of any section or provision of the By-Law shall not invalidate any other section or provision thereof. 1.7 Applicability Where the application of this By-Law imposes greater restrictions than those imposed by any other regulations, permits, restrictions, easements, covenants, or agreements, the provisions of this By-Law shall govern. 1.8 Effective Date This By-Law and any amendments thereto shall take effect on the date of adoption or any amendment is voted by the town meeting if approval by the att uirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations. 3.14.4 Administrative Procedure The Planning Board as the permit authority shall adopt rules relative to the issuance of development permits and file a copy with the Town Clerk. 3.14.5 Information Requirements Application for a Development Permit shall be made on forms furnished by the Planning Board, and may include, but not be limited to, plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage and location. Specifically required: a. locus plan; b. existing and proposed buildings; c. elevation in relation to mean sea level, of the lowest floor (including basement or cellar) of all structures; d. elevation in relation to mean sea level to which any structure has been floodproofed; e. certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in this article; f. description of the extent to which any water course will be altered or relocated as a result of proposed development; and g. plans for any walls to be used to enclose space below the base flood level. 3.14.6 Review Procedure At a properly posted Planning Board meeting, the Board shall examine and review the permit application to ensure the following concerns have been addressed: a. Within the floodway no encroachments (including fill, new construction, substantial improvements to existing structures, or other development) shall be allowed unless it is* as a result of compensating actions, will not result in any increase in flood levels within the Town during the occurrence of a 100-year flood in accordance with the Federal Emergency Management Agency's regulations for the National Flood Insurance Program. b. Any encroachment in the floodw rovisions relating to operational standards and permit procedures shall apply. G. Performance Bond: The Board of Appeals shall require that a performance bond, of a surety company authorized to do business in the Commonwealth of Massachusetts, be posted, in an amount determined by the Board of Appeals, as sufficient to guarantee conformity with the provisions of any permit issued hereunder. Cash may be deposited with the Treasurer of the town, to be held by the town as surety, in an amount equal to the surety required, in place of a bond. Such bond, and/or cash, shall not be released until there is filed with the Board of Appeals a certification from a registered engineer and an approval from: the Planning Board and the Zoning Enforcement Officer (Building Inspector) that the site conditions at the completion of all work are in accordance with the requirements of the permit. (Amended STM 10/13/94) 2.13.0 Residential Cluster Development A. Statement of Purposes: A residential cluster development may be authorized by special permit in the Town of Plainville in order to achieve the following objectives: 1. Flexible and sensitive site design; 2. Promotion of measures to ensure compatibility of growth and sensitivity to the natural environment; 3. Enhancement of residential and community amenities by provision of open space; 4. Promotion of economical and efficient use of roads, water and sewer lines and other related infrastructure; 5. Promotion of diverse and energy-efficient housing at a variety of costs; and 6. Protection of water bodies and supplies, wetlands, floodplains, agricultural lands, wildlife, and other natural resources. B. Definition and Applicability: Residential cluster development means a residential development in which the buildings and accessory uses are clustered together into one or more groups separated from adjacent property and other groups within the development by intervening open land, unless deemed otherwise by the special permit granting authority. A.residential clus 9.11 Inspection: Upon completion of each of the following construction phases and at least 24 hours !Saturdays, Sundays, and Holidays excluded) before the work is covered up, backfilled, or the next phase commences, the appropriate Town official or Board shall be notified and given the opportunity to inspect the work. a. Excavation b. Fill c. Gravel foundations d. Bottom or base bituminous concrete placement e. Utility trenching f. Water pipe and appurtenances installation g. Pipe laying -- drains and culverts h. Catch basins and manhole construction i. Loaming and seeding j. Shade tree planting k. Final bituminous surface l. Backfill and compaction If work is covered without opportunity for inspection as specified above, it will not be accepted and the developer will be required to open or re-do the phases not inspected. 9.12 Time Limitation: The construction of the roads and municipal services required under these rules and regulations shall be completed within two years from the date of endorsement of the plan. Failure to so complete the construction of roads and the installation of municipal services within the specified two year period shall automatically rescind approval of the plan. 9.13 Status Report: The applicant shall report the status of the construction, installation and completion of the subdivision to the Board every six (6) months from the date the Definitive Plan is approved to the final completion of the subdivision. Such reports may be made at a regularly scheduled Planning Board meeting or may be made in writing. 9.14 Building Permits: It is mandatory that a developer complete all roadwork before issuance of building permits. The only exception being the final bituminous concrete finish coat. If it is necessary the Board can allow station by station completion of the roadwork. Is there a town-wide annual or biannual cap on residential permits issued, and/or is project phasing required? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Yes, Plainville sets out a phase development schedule, indicating that they use project phasing. There is no mention of building permit caps, but without the full text of the ordinance, I am unable to confirm one way or another. " "[INST] Context: s been denied a special permit due to an inability to conform to Adequate Public Facility Conditions or an owner who has been issued a spacial permit vesting a present right to future development pursuant to Subsection G., Infra, may appeal to the Board of Assessors, in conformity with Chapter 59, Section 59, Massachusetts General Laws Annotated, for a determination as to the extent to which such temporary restriction on the use of such land shall affect the evaluation placed on such land use for purposes of real estate taxation and such assessed valuation may be reduced as determined appropriate to reflect such temporary restriction for its duration. G. Appeals Any person aggrieved by a decision of the Planning Board either granting or denying a special permit pursuant to this section, whether or not previously a party to the proceeding, may appeal to the Superior Court in accordance with Chapter 40A, Section 17, Mass. General Laws Annotated. 500.02 Residential Development Phasing A. Purpose and Intent The Town of Plymouth has been experiencing significant, growth pressure for the past two decades. The high rate of growth has created critical demands for public, services and facilities which cannot be met in a timely and cost-effective manner. As a result, there has been an erosion of public services and eventually there will be deterioration of public safety and welfare, in the absence of mitigating measures. Accordingly, it is the intent of this section to regulate the rate at which residential construction occurs without imposing undue economic burden on those involved in housing development. Residential development phasing will insure that periods of accelerated residential growth will not disrupt the Town of Plymouth's long term capital improvements planning process nor adversely affect public safety or general welfare of Town residents. The phasing procedures contained herein are consistent with the ""Refined Village Centers Plan"" - The adopted comprehensive plan for the Town. App he Planning Board as ""Approval Under the Subdivision Control Law Not Required"", by virtue of M.G.L. Chapter 40A, Section 6 (6th paragraph), for three years from the date of such endorsement; 4. Units within a Rural Density Development, if: A) The parcel on which such units are located is permanently restricted to a density of no more than one-half of the maximum density achievable under applicable bylaws and regulations; and B) The applicant submits plans or other pertinent documentation to demonstrate the maximum number of units achievable on said lot; 5. Units within a development (""Low Density Development""), defined as one in which: A) The parcel on which such units are located is permanently restricted to a density of no more than one-third of the maximum density achievable under applicable bylaws and regulations; and B) The applicant submits plans or other pertinent documentation to demonstrate the maximum number of units achievable on said lot. C) ""Protected Units"" (units counting toward Limitations) Building permits for the following new dwelling units located within the foregoing.districts shall count toward the foregoing limitation: 1. Units on lots on a plan endorsed by the Planning Board as ""Approval Under the Subdivision Control Law Required"", if grandfathered from these limitations by virtue of. M.G.L. Chapter 40A, Section 6 (7th paragraph), for eight years from the date of such; endorsement. D) Sunset Provision This section shall be effective as of April 10, 2002 and shall continue until the final adjournment of the 2005 Annual Town Meeting, unless sooner r M. G. L. Chapter 40A in which a subdivision is not affected by zoning changes is hereby extended during the duration of thus bylaw so as to protect such subdivision against further changes in use and density and dimensional requirements. C. Procedures 1. Village Services Areas - Issuance of building permits by the Building Inspector for new dwelling units in the R40, R25, R20SL, R20MD, and R20MF Zoning Districts shall be limited in any calendar year to 12.5% of the total units in applicable land parcels as defined above or ten (10) units, whichever is the greater: Should the density be calculated at or less than one (1) dwelling unit per 60,000 square feet, all phasing requirements shall be deemed inapplicable. 2. Rural Service Areas - Issuance of building permits by the Building Inspector for new dwelling units in the Rural Residential Zoning district shall be limited in any calendar year to the percent of the total units in land parcels as defined above or to the applicable number of units, whichever is greater, in accordance with the following schedule. Density is calculated at or less than the referenced square footage. Rural Service Areas - Phasing Schedule If a definitive plan, or a preliminary plan followed within seven months by a definitive plan; was submitted to the Planning Board for approval under the subdivision control law, and written notice of such submission has been given to the Town Clerk before November 14, 1995, the land shown on said plan shall be governed by the following phasing schedule, notwithstanding the fact that the land shown on such plan may be located in different zoning districts or may be developed under different special permits for different zoning districts: Density/(Sq. Et.),Percent Year,Units/Year ""60,000"",6.25%,5 ""80,000"",9%,7 ""100,000"",17%,13 ""120,000"",100%, For all other subdivisions the following phasing schedule shall apply such schedule may vary as provided for in paragraph 3. Density/Sq. Ft.,Percent/Year,Units/Year ""12 elopment consistent with the availability and adequacy of public facilities necessary to support development and to protect the public health, safety and welfare. The phasing of development, based on public facility conditions, will provide for orderly growth and development to meet projected demands while discouraging sprawl and leapfrog development patterns which create service inefficiencies, increase costs and cause scattered facility demands. Thus, for certain residential uses prescribed by Zoning District in part IV of the Zoning Bylaw, the Planning Board shall not grant a special permit unless the specified Adequate Facility Conditions are satisfied. This section is intended to provide for a detailed review by the Planning Board, aided by other Town boards, or residential uses at densities which will have a significant impact on the health, safety, and general welfare of the Town and its inhabitants due to their location and impact on or need for supporting public facilities. This provision is adopted pursuant to the authority of and purposes specified in the Zoning Act (Chapter 40A, Massachusetts General Laws annotated) which empowers Towns, among other things, to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other requirements; to conserve natural resources; and to encourage the most appropriate use of land throughout the community. B. Special Permit Required for Village Density Development 1. Except for cases specifically exempted below, prior to the issuance of any zoning permit for village density development, the applicant shall be required to obtain a special permit from the Planning Board. This requirement shall apply to developments approved after the effective date of this bylaw other than those exempted by state statute. 2. Inapplicability: This bylaw shall not apply to developments of one or more single-family units at a net density of one unit per sixty thousand (60,000) square feet or less: provided, however, that such de and other pertinent features of the plan. 3) The Building Inspector or other appropriate agents of the Town may advise the applicant as to the following: +++General suitability of the site and location of the proposed development: +++Suitability of the basic design concept, including land use, circulation, and open space; +++The appropriateness of the intensity of development, overall and in specific sectors; +++Appropriate treatment of the natural features of the site and requirements concerning their protection and advisory review by the Conservation Commission; +++Requirements concerning design and siting of structures and accessories, and advisory review by the Design Review Board; +++Information required for proper application to the Board of Appeals for Special Permit. 4) The Building Inspector shall transmit copies of the schematic plan to the Planning Board and may advise the applicant of a suitable time for submitting the application for special permit to the Board of Appeals. C) Final Submission to Building Inspector Once a special permit has been issued by the Board of Appeals the application for a zoning permit shall be filed again with the Building Inspector accompanied by the definitive plan, if any, approved by the Board of Appeals. In cases where the setbacks of single family houses have been prescribed in the special permit, the Building Inspector shall verify that the zoning permit application for each lot is in conformity with the special permit. 201.04 Expiration of Permits. A) Zoning Permits. If the use or construction described in any zoning permits has not begun within one (1) year of the date of issue, and, in the case of construction, is not continued through to completion as continuously and expeditiously as possible, the permit shall expire and the Building Inspector shall given written notice thereof to the persons affected. Work shall not proceed until a new zoning permit has been issued in conformance with the Zoning Bylaw in effect at the time of reissue. B) Building Permits. If the use or construction authorized by Is there a town-wide annual or biannual cap on residential permits issued, and/or is project phasing required? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Based on the provided zoning bylaw, there are caps on residential permits issued in Plainville, Massachusetts, in addition to project phasing requirements. The permit cap levels are set at number of units per year. The bylaw requires that ""the Building Inspector shall only issue building permits (and other associated permits) for construction of new residential dwellings in accordance with the following phase development schedule"" (Section F). This phase development schedule outlines the maximum number of lots that can be created through division of land each year. " "[INST] Context: Town Charter and § 139-2E of the Town Bylaws. [Added 5-5-2008 ATM, Art. 68] C. In considering each application for a special permit, the granting authority shall: (1) Conduct a public Hearing held within 65 days after filing of an application by certified mail with the granting authority, a copy of which shall also be sent by certified mail to the Town Clerk. The date of filing shall be the postmark date of the application. When an application requires a number of copies of plans, specifications, and other supporting documents, the application shall be filed by mail as above, and the supporting data delivered by the applicant to the granting authority within five days of the postmark date of the application; (2) Take final action upon an application within 90 days following a public hearing for which notice has been given as provided in MGL c. 40A, § 11. D. Revocation/lapse of special permits. (1) Any special permit shall be suspended or revoked for breach of the conditions contained therein. (2) Upon such revocation or suspension, the Granting Authority shall give written notice and reasons therefore to the permit holder. Upon such written notice, the Enforcement Officer shall issue an order to stop all activity under the permit. (3) The permit holder may, within 14 days, take action to eliminate the alleged breach of conditions and, by written request, may obtain an inspection by the Enforcement Officer. The latter shall immediately report his findings in writing to the Granting Authority, with a copy to the permit holder. If the alleged breach of conditions has been eliminated, the suspension or revocation of the permit shall automatically terminate as of the date of the Enforcement Officer's report. If the permit holder does not avail himself of the above procedure within the allotted time period, the permit shall be considered permanently revoked. (4) The stop order described above may be appealed to the Zoning Board of Appeals, as provided in Article XII of this bylaw. Pending the decision of the Board, the stop order shall remain in effect and all activity under the permit shall be suspended. (5) A special permit granted under this section shall lapse if a substantial use t al condition or be densely planted and in the opinion of the SPGA, provide suitable screening of abutting properties, except for access roadways. The SPGA may reduce the width of the buffer at appropriate locations, taking into account the character of open space use of abutting properties or the existence or requirement of buffer thereon. § 415-66. Building and dwelling unit requirements. A. No building or structure shall have a height greater than 36 feet or three stories. B. Dwelling units shall contain no more than two bedrooms. All dwelling units shall be detached or attached only along sidewalls in the so-called ""townhouse"" style, and no building shall contain more than four units. No mobile homes shall be allowed. C. Accessory buildings and structures for use by residents and their guests may be permitted, including clubhouse or community center, swimming pool, and tennis court, as well as storage and maintenance structures intended to service the PRDS. Such accessory buildings and structures shall be shown on the site plan. D. Multiple buildings shall be allowed on a single lot. E. Architectural style shall be in harmony with the prevailing character and scale of buildings in the neighborhood and the Town through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. Variation in detail, form and siting shall be used to provide visual interest and avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate light, air, circulation, and separation between buildings. § 415-67. Land use density. The total number of dwelling units shall be limited to four units per upland acre. For purposes of the dwelling unit calculation, the land area used shall not include any wetlands as defined by the Massachusetts Wetlands Protection Act. § 415-68. Total number of PRDS units in Town. The SPGA shall not approve a Special Permit for a PRDS which would cause the total number of PRDS dwelling units for which Special Permits have been issued ( fied within this bylaw which shall only be permitted upon issuance of a special permit. Special permits may be issued only for uses which are in harmony with the general purpose and intent of the bylaw, and shall be subject to the specific provisions established herein. Such permits may also impose conditions, safeguards, and limitations on time or use. B. Granting authority. (1) The Zoning Board of Appeals is designated as the granting authority for special permits as required under Article IV, Schedule of Permitted Uses, Uses Requiring Special Permit (except for Planned Unit Developments), § 415-22E, Land alteration regulations, and § 415-38, Shopping centers. Special permits may be granted upon application to the Zoning Board of Appeals and after consideration of recommendations as appropriate from other Town Boards and Agencies. (2) The Planning Board is designated as the Special Permit Granting Authority for Special Permits as required under Article VII, Planned Unit Developments, and Article IX, Planned Residential Development for Seniors, and as the reviewing authority for action under Article VIII, Site Plan Review. (3) The Special Permit Granting Authority shall adopt and from time to time amend rules relative to the issuance of such permits, and shall file a copy of said rules in the office of the Town Clerk. (4) There shall be one associate member of the Planning Board, who shall be eligible to participate solely in matters in which the Planning Board is acting as the Special Permit Granting Authority, in accordance with MGL c. 40A, § 9. The chairman of the Planning Board may designate the associate member to sit on the Planning Board for the purposes of acting on a special permit application, in the case of absence, inability to act, or conflict of interest, on the part of any member of the Planning Board or in the event of a vacancy on the Planning Board. The associate member shall be appointed for a two-year term by the Board of Selectmen, in accordance with § C-2.02K of the Town Charter and § 139-2E of the Town Bylaws. [Added 5-5-2008 ATM, Art. 68] C. In considering each application for a special permit, the granting authority shall: (1) Conduct a public Hearing held within f conservation trail easements for the benefit of the public shall be encouraged, where appropriate. If the common land or any portion thereof is not conveyed to the Town of Rockland, a perpetual restriction, approved by the SPGA and enforceable by the Town of Rockland, shall be imposed on the use of such land, providing in substance that the land be kept in its open or natural state and that the land shall not be built upon or developed or used except in accordance with the provisions for a PRDS and, if applicable, as further specified in the decision of the SPGA governing the individual PRDS. At the time of its conveyance, the common land shall be free of all encumbrances, mortgages, tax liens or other claims, except as to easements, restrictions and encumbrances required or permitted by this bylaw. § 415-75. Affordable units. At least 10% of the total number of units in the PRDS shall be developed as affordable housing for persons of low or moderate income, as defined under the regulations of the Department of Housing and Community Development, and shall meet the requirements for Local Initiative Program (LIP) units or otherwise qualify so as to be included in the computation of the total of affordable housing units in the Town of Rockland under the provisions of MGL c. 40B, §§ 20 to 23. The affordable units shall be marketed through a housing organization approved by the SPGA, and shall be subject to resale restrictions that assure continued affordability in perpetuity. The applicant shall submit copies of proposed deed riders and covenants to impose resale restrictions, conforming to state regulatory requirements for affordable units. § 415-76. Time limits for construction. A Special Permit granted under this section shall lapse if construction has not begun within two years, or has not been completed within four years, from the date on which the decision of the SPGA is filed with the Town Clerk (not including time required to pursue or await the determination of an appeal pursuant to MGL c. 40A, § 17), except for good cause. § 415- noted below. (2) Chimneys, steeples, water towers, and television antennae may be erected to their height, but no tower, other than a church steeple or tower of a public building, shall exceed the height regulations by more than 40%. Other towers shall require a special permit to be issued by the Board of Appeals. (3) No tower shall be used as a place of habitation. (4) No sign of any kind shall be inscribed upon or attached to any chimney, tower, tank, or other structure which extends above the height limitations. D. Landscaping regulations. (1) Unenclosed non-residential uses. Any non-residential unenclosed use and/or storage area, as may be permitted according to this bylaw, shall be fenced, screened or sufficiently landscaped to obscure such uses or storage areas from abutting properties or rights-of-way. Such uses shall include but not necessarily be limited to building supply stores, automobile sales and service establishments, industrial uses and other comparable uses. (2) Maintenance requirements. Any fencing or landscaping installed in accordance with this bylaw shall be maintained in good order to achieve the objectives of this section. Failure to maintain fencing or replace dead or diseased landscaping shall be considered a violation of this bylaw. E. Land alteration regulations. (1) No gravel, loam, sand, clay, soil or quarried stone shall be removed from land in any zone, excluding residential zones, in the Town without a permit from the Zoning Board of Appeals after a public hearing, an approved site plan from the Planning Board consistent with its rules and regulations relating to earth removal, and under such conditions as the Board of Appeals may see fit to impose and make a part of the permit. No permit may be granted under this section unless the applicant has submitted to the Secretary of the Board, at least seven days prior to the date of the hearing, a topographical plan of the premises in question, prepared by a registered land surveyor or registered professional engineer, showing specifically the boundaries and dimensions of the premises, the location and dim Is there a town-wide annual or biannual cap on residential permits issued, and/or is project phasing required? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know, Based on the provided zoning bylaws, there are no explicit provisions for a town-wide annual or biannual cap on residential permits issued, nor is project phasing explicitly required. Without the whole text of the ordinance, I cannot confirm that no such restrictions exist. " "[INST] Context: ns: (a) Building permits shall not be issued authorizing the construction of more than twenty-four (24) new single family dwellings in the Town in any twelve (12) month period. The number of permits allowed for new single family dwellings in any month shall equal twenty-four (24) minus the number of such dwellings that have been authorized (exclusive of unused authorizations that have expired or been withdrawn) in the preceding eleven (11) months. Subject to the provisions of section 8.5.1(b), applications for building permits for new single family dwellings shall be held and acted upon in chronological order based on the date of the filing of a complete application with the Building Inspector. (b) Building permits shall not be issued authorizing the construction of more than four (4) new single family dwellings in any twelve (12) month period on any set of lots created from land that was contiguous and held in common ownership at any time on or after the effective date of this section. 8.5.2 The limitations of section 8.5.1 are subject to the following exceptions: (a) For new single family dwellings established as part of an Open Space Residential Development approved under section 6.4 of the Bylaw, the limitation of section 8.5.1(b) shall be ten (10) dwellings per twelve (12) month period, rather than four (4) dwellings per twelve (12) month period. (b) The limitations of section 8.5.1 do not apply to affordable dwelling units, or to dwelling units authorized under a comprehensive permit issued under M.G.L., Ch. 40B, § 21, and permits issued for such units shall not be included in the count required by section 8.5.1(a). 8.5.3 Any time-limited protection against zoning change afforded by M.G.L., Ch 40A, § 6, shall be extended (if such protection has not already expired by the date on which a complete application for a building permit is filed with the Building Inspector) until such date as a building permit is issued under this section. 8.5.4 Section 8.5.1 shall not be construed as limiting the issuance of building permits for the enlargement or improvement of existing dwellings, or the rest ighborhood; (h) the impact of the proposed use on adjacent properties and the neighborhood; and (i) any other criteria specified by other sections of this Bylaw, applicable to the proposed use. 7.8.2.2 The provisions of section 7.8.2.1 shall not apply to special permits issued under sections 4.11.4.3, 6.1.1.2(b), 6.6, 8.6.5, and 8.8.3. 7.8.2.3 The SPGA may impose such conditions on the special permit as it deems necessary to protect the Town, the public, or other properties in the area from detrimental impact. The conditions that may be imposed include, but are not limited to, conditions relating to noise, traffic control, dust control, sanitation, number of occupants, hours of operation, deliveries, water quality testing and monitoring, police details, and performance bonds. 7.8.3 Miscellaneous Provisions 7.8.3.1 The SPGA shall issue special permits in accordance with M.G.L., Ch. 40A, § 9. In deciding whether to issue a special permit, the SPGA shall consider any comments or recommendations submitted by other town departments, boards, or commissions. 7.8.3.2 The SPGA may, after notice and hearing, adopt rules and regulations specifying the content and number of required plans, application procedures, filing and review fees, design and development standards, and other general requirements to be applied with respect to the proposed use. 7.8.3.3 The Board of Selectmen may appoint a resident of the Town to serve as an associate member of the Planning Board for a two-year term. The Chairperson of the Planning Board may appoint the associate member to act on special permit applications, in the case of absence, inability to act, or conflict of interest, on the part of a regular member of the Planning Board, or in the event of a vacancy on the Board. 7.8.3.4 Any special permit granted under the provisions of this Bylaw shall lapse within a period of two years from the grant hereof, if a substantial use thereof has not sooner commenced or, in the case of a permit for construction, if construction has not begun by such date, except for good cause shown, and provided further that such two-year period shall not include the time required to pursue or await the determination of a posted for work in addition to landscaping or roadway top course, if an unexpected event prevents the Applicant from completing the work. 7.7 Penalty 7.7.1 Any person who shall violate any of the provisions of the Bylaw shall be fined a sum not exceeding one hundred dollars ($100.00) which may be recovered by indictment or on complaint to a district court and shall enure to the benefit of the Town or to such uses as it may direct. Each 24 hour of continued violation shall be considered a separate offense. 7.8 Special Permits 7.8.1 General 7.8.1.1 Certain classes of special permits may be issued by the special permit granting authority (the ""SPGA""), which will be the Planning Board, the Board of Appeals, or the Board of Selectmen, as designated by this Bylaw. 7.8.1.2 The SPGA shall review the special permit application in conjunction with a site plan filed under section 7.6. 7.8.2 Special Permit Criteria and Conditions 7.8.2.1 Except as provided by section 7.8.2.2, the SPGA may issue a special permit only upon its written determination that the benefits of the proposed use outweigh any adverse effects or impacts of such use. In making this determination, the SPGA shall consider, to the extent applicable, the following criteria: (a) the social, economic, or community needs that would be served by the proposed use; (b) the impact of the proposed use on public health and safety; (c) the impact of the proposed use on town services and the tax base; (d) the adequacy of utilities and water supplies, and the impact of the proposed use on stormwater drainage systems; (e) the impact of the proposed use on traffic flow and safety, on the site and throughout the Town, and the adequacy of parking and loading facilities; (f) the impact of the proposed use on the character and natural environment of the Town; (g) the compatibility of all proposed buildings and structures with the character, scale, and design of existing buildings and structures in the neighborhood; (h) the impact of the proposed use on adjacent properties and the neighborhood; and (i) any other criteria specified by other sections of this Bylaw, applicable to the proposed use. 7.8.2.2 Th SECTION 6.0. ADMINISTRATION 6.1 Variation 6.1.1. Strict compliance with the requirements of these Rules and Regulations may be waived when in the judgment of the Board such action is in the pubic interest and not inconsistent with the Subdivision Control Law. Any request for such waivers shall be submitted to the Board by the Applicant in writing. Any such waiver must be made in writing by the Board as a part of its approval or amendment thereof, otherwise all requirements contained herein are deemed applicable. Any such approvals of waivers shall become a part of the approved plan. 6.2 Reference 6.2.1. For matters not covered by these Rules and Regulations, reference is made to Section 81-K to 81-GG, inclusive, of chapter 41 of the General Laws. 6.3 Building Permit 6.3.1. No building shall be erected on any lot within a subdivision without separate written permission for each lot from the Board by Form J Release Form. This permission is in addition to any other permits required for building, such as a permit from the Building Inspector required by other Town Bylaws. 6.3.2. No permits for building will be issued by the Building Inspector until all outstanding bills for public hearings, Board required engineering services, etc. are paid in full by the developer. 6.3.2.1. The Building Inspector shall not issue any permit for the erection of a building until he is first satisfied that the lot on which the building is to be erected is not within a subdivision or that a way furnishing the access to such lot is constructed as required by the Subdivision Control Law and as shown on a plan recorded or entitled to be recorded under chapter 41, Section 81-X, as amended, and further that any condition endorsed thereon limiting the right to erect or maintain buildings on such lot have been satisfied or waived by the Board. In the event that more than one (1) building for dwelling purposes be erected or placed or converted to use as such on any lot, the Building Inspector shall be satisfied that consent has been obtained from the Board in accord with Section 2.4. of these Rules and Regulations, Chapter on in the Central District or the Residential District as follows: (a) a development creating fewer than five (5) multi-family dwelling units is authorized, subject to the requirements of this section, and provided a site plan is approved by the Planning Board; and (b) a development containing five or more multi-family dwelling units is authorized, subject to the requirements of this section, and provided a special permit is issued by the Planning Board. 6.2.1.2 Notwithstanding section 6.2.1.1, the requirements of this section do not apply to townhouse dwellings approved as part of an Open Space Residential Development under section 6.4, or to multi-family dwellings approved as part of a New England Village Development under section 6.7, except as provided by section 6.7.3.2. 6.2.1.3 Any development under this section that involves a Subdivision of Land shall be subject to the approval of the Planning Board under the Subdivision Rules. 6.2.2 Density 6.2.2.1 The development shall be located on a site consisting of at least five (5) acres in the Residential District and two (2) acres in the Central District. 6.2.2.2 Twenty thousand (20,000) square feet of area for the first dwelling unit, plus ten thousand (10,000) square feet of area for each additional unit, is required, except that, for developments under section 6.2.1.1(b), the Planning Board may increase the number of units allowed, up to a maximum density of twenty thousand (20,000) square feet of area for the first unit, plus five thousand (5,000) square feet of area for each additional unit, if the Applicant proposes additional affordable housing than that required by section 6.2.4, or on-site or off-site public improvements or amenities that result in substantial benefit to the Town and which are beyond those necessary to mitigate the impacts of the proposed development. The square footage of any primary conservation areas shall not be considered in determining the number of dwelling units allowed under this section. 6.2.2.3 At least one h Is there a town-wide annual or biannual cap on residential permits issued, and/or is project phasing required? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Yes, because building permits shall not be issued authorizing the construction of more than twenty-four (24) new single family dwellings in the Town in any twelve (12) month period. The number of permits allowed for new single family dwellings in any month shall equal twenty-four (24) minus the number of such dwellings that have been authorized (exclusive of unused authorizations that have expired or been withdrawn) in the preceding eleven (11) months. There is no mention of project phasing, but without the full text of the ordinance I am unable to confirm that no such restrictions exist. " "[INST] Context: ted improvements scheduled in the capital improvements program of the city. In the case of single-family residences, a developer will be required to submit an application to the planning board, and approval of the application and issuance of a development permit will occur if the following standards are met: (1) An application will not be for more than three (3) single-family residences; (2) The single-family residences will not be a part of a larger-scale, planned or accepted subdivision or development. In all other cases, the planning board, upon receipt of the application, shall proceed to give notice for a public hearing of the application, said notice to be not less than fourteen (14) days before the date of that hearing. The planning board shall, as necessary, request reports from appropriate city, county or other government agencies, boards or officials as relating to this application. The planning board shall, within thirty (30) days after the conclusion of the public hearing but not later than sixty (60) days after receipt of the application, render a decision. If the planning board determines that said conditions have been met as determined by the standards of issuance for residential development use, it shall specify to the applicant in writing the details wherein said application meets such standards as required. If the planning board determines that said conditions have not been met as determined by the standards of issuance for residential development use, it shall specify to the applicant in writing the details wherein said application fails to meet such standards as required. Sec.9-9. Standards for issuance of development permit, residential development use No development permit shall be issued by the planning board for residential development, unless said parcel has available twelve (12) development points on the following scale of values: Sewerage Within 1/4 mile of a major interceptor sewer* 8 points Within 1/2 mile of a major interceptor sewer* 4 points Beyond dered by the city council within two (2) years after the date of such unfavorable action, unless the adoption of such proposed ordinance is recommended in the final report of the planning board. Sec. 9-7. Requirements for development permit. Any person acting in such a manner as to come within the definition of residential development use shall under this ordinance be required to apply for a development permit for this use from the planning board. Said permit shall be granted after the parcel under review has met the standards of issuance for residential development contained herein. If said application does not meet the standards for residential development contained herein, it shall be denied. Sec. 9-8. Procedure for development permit application. (a) Preliminary application. Prior to a formal application to the planning board for a development use permit, the developer may submit a preliminary application to the planning department in sufficient detail so that the application can be reviewed with respect to all standards set forth in section 9-9 of this article as to the availability of municipal services and facilities and projected improvements scheduled in the capital improvements program of the city. The planning department shall, within ten (10) days thereafter, present such findings to the developer who may then decide, based upon these findings, to submit an application to the planning board for a development use permit. (b) Application for development permit. Prior to the issuance of any building permit, the developer shall be required to submit an application to the planning board in sufficient detail so that the application can be reviewed with respect to all standards set forth in section 9-9 of this article as to the availability of municipal services and facilities and projected improvements scheduled in the capital improvements program of the city. In the case of single-family residences, a developer will be required to submit an application to the planning board, and approval of ter 40A and unless said application complies in all other respects with provisions of this zoning ordinance. (d) Violation of such conditions and safeguards as are made a part of the terms under which the special permit is granted shall be deemed a violation of this ordinance. (e) Failure by a special permit granting authority to take final action upon an application for a special permit within ninety (90) days following the date of public hearing shall be deemed to be a grant of the permit applied for. (f) Construction or operations under a special permit shall conform to any subsequent amendment of this ordinance, unless the use or construction is commenced within a period of not less than six (6) months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. (g) Any special permit granted under this section shall lapse within two (2) years, and including such time required to pursue or await the determination of an appeal from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause. Sec. 9-5. Variances. (a) In authorizing, upon appeal or petition in specific cases, a variance from the terms of this ordinance, the board of appeals shall determine that such variance will not be contrary to the public interest and that, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. (b) A variance from the terms of this ordinance shall not be granted by the board of appeals unless and until: (1) A written application for a variance is submitted, demonstrating that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildin ly dwellings and to four (4) miles when such dwellings have an average separation of one hundred (100) feet or more. Sec. 9-10. Vested approval of development permit. The planning board shall issue an approval of the application for development permit vesting a present right for the developer to proceed with development use of the land for such year as the proposed development meets the required points as indicated in the scheduled completion dates of the capital improvements program as amended, or failing to meet such points, then for the final year of the capital improvements program as amended. Any improvement scheduled in the capital improvements program more than one (1) year from the date of application shall be credited as though in existence as of the date of the scheduled completion. A developer may advance the date of authorization by agreeing to provide such improvements as will bring the development within the required number of points for earlier or immediate development. Such agreement shall be secured by either a cash deposit or surety bond sufficient to cover the cost of the proposed improvement, the form, sufficiency and amount of which bond and agreement shall be determined by the planning board. Sec. 9-11. Appeal for relief. Any developer who has applied for a development permit from the planning board and whose application has been denied or who has received vested approval on such application may appeal to the Salem Board of Assessors in conformance with Chapter 59, Section 59 of the Massachusetts General Laws for a determination as to the extent to which the temporary restriction on development use of such land shall affect the assessed valuation placed on such land for purposes of real estate taxation, and such assessed valuation on such land may be reduced as determined appropriate. Sec. 9-12. Documentation of development point values. The planning department shall prepare and maintain in a clear and up-to-date form maps and other necessary documents which specify development point va and at other points where, in the opinion of the City Engineer, permanent monuments are necessary. Such monuments shall conform to the standard specification of the City Engineer and shall be set according to such specifications. No permanent monuments shall be installed until all construction which would destroy or disturb the monuments is completed. E. Utilities 1. Connections for sewer, drain, water and electrical service from the main structure in the way to the exterior line of the way shall be constructed for each lot whether or not there is a building thereon, except that the Board may waive such requirements, in whole or in part, in the case of a lot to be used for a park, playground or for any other purpose for which, in the opinion of the Board, such connections shall not be required. 2. All sewer, surface water drains, water pipes and any other underground facilities, together with their appurtenances, shall be installed only after the sub-grade has been established; such sub-grade and the installation of all utilities and the back filling of all the trenches shall be inspected by the City Engineer at the expense of the contractor before any installation is made. The services of a consultant may be secured by the City Engineer, and such consultant shall serve as a full-time inspector in lieu of a City employee inspector, and in both instances, the City shall be reimbursed by the contractor for the full cost of the inspection including the cost of insurance for liability and accidents. This reimbursement shall be made in full, prior to issuance of a Certificate of Occupancy. The contractor shall notify the City Engineer at least forty-eight (48) hours in advance before any underground work is started so that the City Engineer can notify his inspector of the particular work. If any work is done in the absence of the Inspector, the City Engineer may order the work uncovered and redone. 3. Adequate disposal of surface water shall be provided. Catch basins and curb inlets, etc., shall be built on both sides of the roadway on continuous grades at intervals of not more than four hundred (400) feet placed at low points and sags in the roadway and near the corners of the roadway at intersecting streets. Is there a town-wide annual or biannual cap on residential permits issued, and/or is project phasing required? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] No, There is no mention of project phasing nor permit cap restrictions in the provided excerpt. However, without the full text of the ordinance, I am unable to confirm that no such restrictions exist. " "[INST] Context: cilities,""20,000"",100',10',15',30',15',,50%,20%,,50' and 4 stories "",8"",Research & Develop- ment Facilities,""20,000"",100',10',15',30',15',-,50%,20%,-,50' and 4 stories ,Other uses,,,,,,,,,,, "",1"",Parking Facilities Offstreet,""5,000"",45',10',10',20',10',,,No,--,50' and 5 stories .2,Public Service Corporation,""20,000"",100',10',15',30',20',,30%,20%,--,30' and 2 stories *Square Feet per Dwelling Unit **Square a Feet per Child- For the purpose of Day Care Centers, usable open space shall include areas as small as 100 square feet per area with a minimum width in any direction of 10 feet, end may include porches end terraces and paved areas ***Except in the case of slab construction (no caller) on ledge or within the Flood Plain overlay district, in which case maximum height shell be three stories but no mora then 30' + Provided that for subdivisions of three or more, a minimum of 7,000 square feet shell be required ++ Provided that for subdivisions of three or more, a minimum of 12,000 square feet shell be required +++ Provided that for subdivisions of three or more, a minimum of 6,000 square feet shell be required 400.2 Multiple Uses For the purpose of interpreting the intensity regulations with regard to multi-use buildings or lots, the most stringent controls of the uses of the lot shall prevail, except for the following: coverage principal building, coverage accessory building, and maximum height; where the maximum control shall apply. However, lots with gasoline filling and service stations in combination with the retail sale of food shall require a special permit by the Planning Board in conformance with the following controls: . 1 Compliance with the dimensional and parking controls of the multiple uses. . 2 The proposal must not endanger the public health. . 3 The proposal must be in harmony with the surrounding land uses. . 4 The proposal must not, in any way, create a traffic or safety hazard. . 5 There must be adequate protection against the creation and spread of litter and debris. . 6 The proposal must be in the intere width on corner lots shall be at least five (5) feet wider than specified in the Table of Intensity Regulations. . 3 No lot upon which any building or structure stands in conformance with this ordinance shall be changed for any reason in size or shape so as to violate any of the provisions of this ordinance except through an exercise of the powers of eminent domain. 400.7 Yard Requirements for all Districts. . 1 Front setback for single family houses and two (2)family detached and semi-detached houses shall be the greater of ten (10) feet or thirty-two and one-half (32-1/2) feet from the center line of the street, except in a Residential Office (RO) District. . 2 Front setback for three (3),four (4), multi-family, town or row, rooming, and group houses shall be the greater of twenty (20) feet or forty-two and one-half (42-1/2)feet from the center line of the street, except in a Residential Office (RO) District. . 3 Where a side or rear yard is adjacent to a street, the yard requirement shall be the same as the distance specified for front yard setback. . 4 No building or subsurface structure, or portion thereof, shall be permitted within the required yard areas. . 5 Business structures or uses shall not display goods for sale purposes or display coin-operated vending machines of any type in any location which would infringe upon the required yard areas specified in this ordinance. . 6 No yard or other open space provided about any building for the purpose of complying with the provisions of this ordinance shall be considered to provide a yard or open space for any other building. . 7 Buildings accessory to single, two, and town or row houses, eight (8) or less feet in height and 72 or less square feet in floor area shall be a minimum of three (3) feet from any side or rear property line, but must comply with sections 400.7.1 and 400.7.2, and buildings accessory to single and two family uses that are greater than eight (8) feet in height or 72 square feet in floor area shall be a minimum of 6' from any side or rear property line, but must co a condition of approval of a definitive plan, where ways serving the subdivision are deemed inadequate due to grade, width and other characteristics which may affect the adequacy of emergency response to the subdivision, the Board may limit the number of lots upon which buildings may be erected. D. Open Spaces and Natural Features 1. Before approval of a plan the Planning Board may also in proper cases require the plan to show a park pr parks. suitably located for playground or recreation purposes or for providing light and air. The park or parks shall not be unreasonable in area in relation to the land being subdivided and to the prospective uses of such land. The Planning Board may by appropriate endorsement on the plan require that no building be erected upon such, park or parks without its approval for a period of three (3) years. 2. Due regard shall be shown for all natural features, such as large trees, water courses, scenic points, historic spots, and similar community assets, which, if preserved, will add attractiveness and value to the subdivision. 3. Any alterations to watercourses shall necessitate notification of same to abutting communities' conservation commissions and planning boards, and such alterations shall be designed so as to maintain the carrying capacity of the original waterway. E. Subdivisions in the Flood Plain All subdivisions shall be reviewed to determine whether such proposals will be reasonably safe from flooding. If any part of a subdivision proposal or other new development is located within the Flood Plain District established under the Zoning Ordinance, it shall be reviewed to assure that: a. The proposal is designed consistent with the need to minimize flood damage. b. All public utilities and facilities, such as sewer, gas, electrical and water systems shall be located and constructed to minimize or eliminate flood damage, and minimize infiltration. c. Adequate drainage sy . 4 The proposal must not, in any way, create a traffic or safety hazard. . 5 There must be adequate protection against the creation and spread of litter and debris. . 6 The proposal must be in the interest of the common good. 400.3 In Central Business (BC) Districts all allowed uses do not have to conform 400.4 In Highway Business (BH) Districts allowed uses shall have the following dimensional controls . 1 Minimum setback- twenty (20) feet from the street line. . 2 Minimum side yard- fifteen (15) feet from the property lines for all buildings up to twenty-five (25) feet in height with an additional one (1) foot of setback required for each five (5) feet of height over twenty-five (25) feet. Setback requirements shall apply where side yards are adjacent to streets. . 3 Maximum height of buildings shall not exceed six (6) stories or fifty (50) feet in height, not including chimneys, parapets, elevators, air conditioners, penthouse towers, or other similar superstructures necessary to the permitted uses. 400.5 In Industrial Districts. . 1 The rear yard requirement for all allowed uses is waived in those cases where properties abut railroad or rapid transit rights-of-way, rivers or water courses, and associated properties or easements in public ownership. . 2 The required minimum lot size may be reduced to twelve thousand (12,000)square feet by special permit issued by the Board of Appeal providing, however, that said lot reduction does not adversely affect the surrounding area. 400.6 Lot and Frontage Requirements for all Districts . 1 The required frontage for dwelling purposes may be reduced on existing (but not newly created) irregularly shaped lots, lots on curved streets, and lots on turning circles by not more than fifty (50) percent, provided that the required lot width is attained at the required setback line. . 2 Frontage width on corner lots shall be at least five (5) feet wider than specified in the Table of Intensity Regulations. . 3 No lot upon which any building or structure stands in conformance with this ordinance shall 300.21 Flood Plain Districts. All development in the floodplain district, including structural -Chapter 131 Section 40 of the Massachusetts General Laws; -the Flood Resistant Construction sections of the Massachusetts State Building Code; -the Wetlands Protection Regulations, Inland Wetlands, Restrictions, Coastal Wetlands Restrictions of DEP, the Minimum Requirements for the Subsurface Disposal of Sanitary Sewage as promulgated by the Department of Environmental Protection. No variances from the provisions and requirements of the above referenced regulations may be granted except in accordance with the variance procedures outlined therein. .1 At the time of application, the petitioner shall submit five copies of all plans, including existing contour intervals of site and elevations of existing structures. .2 The proposed use shall comply in all respects with the provisions of the underlying district. .3 Along watercourses that have a designated Regulatory Floodway, encroachments which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. In Zone A the Building Inspector shall obtain, review and reasonably utilize any floodway data available as criteria for requiring that development meet the floodway requirements of this section. .4 The Board must find that the work is in the interest of the common good. The following uses of low flood damage potential and causing no obstructions to flood flows are encouraged provided that they are permitted in the underlying district and do not require structures, fill, or storage of materials or equipment: -Agricultural uses; -Forestry and nursery uses; -Outdoor recreational uses; -Conservation of water, plants or wildlife; -Wildlife management areas; -Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised in the premises. .5 All applicable federal and state permits shall be obtained before any site work may be initiated. In a riverine situation, no site work may be initiated that will result in the alteration or relocation of a watercourse until the following h Are there restrictions on counting wetlands, sloped land or easements in lot size calculations? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] No, There are no mentions of any restrictions on counting wetlands, sloped land or easements in lot size calculations in the excerpt, which leads me to conclude that the answer is ""No.""" "[INST] Context: 2.3.5 Dimensional Regulations 2.3.5.1 General No structure shall be erected or extended, or lot created or reduced in size, except through a public taking, unless in conformity with the requirements of this section, or unless specifically exempted by statute or this Bylaw. 2.3.5.2 Dimensional Schedule. Minimum lot area **,""80,000 sq. ft."",4.5 acres,1.5 acres Minimum lot frontage **,200 feet,50 feet,200 feet Minimum depth: Front yard **,50 feet,50 feet,150 feet Other yards **,20 feet,50 feet,50 feet ** See definition *** Refer to 2.3.5.5 Note A. Maximum lot coverage shall be 8% and the sum of all impermeable surfaces and other areas subjected to vehicle traffic or parking on a regular basis shall not exceed 50% of the total lot area within the zone of proposed use. 2.3.5.3 One Building Per Lot (a) Residential Use: Not more than a single dwelling shall be erected or moved on a lot. (b) Other Uses: Not more than a single principal building, regardless of use, shall be erected or moved onto a lot. 2.3.5.4 Dimensional Nonconformancy (a) (Deleted 5/2/88 Art 9) (b) Two-dwelling lots. A single lot containing two or more lawfully existing dwellings less than forty (40) feet apart at the closest point of measurement may be divided into separate lots despite not meeting yard requirements, provided all other applicable provisions of this Bylaw are satisfied. 2.3.5.5 Backland Zoning In Residential Districts backland or reduced frontage lots may be created by Special Permit issued by the Planning Board. Each such lot must meet the following criteria: (a) A minimum of street frontage on an accepted and/or approved town way of 50 feet. (b) The minimum allowable lot width between the dwelling site and the access to the public way is 25'. All plans for such lots shall show and indicate what the minimum lot width is in said plan though it may be in excess of 25'. (c) The minimum lot size shall be 4 1/2 acres. (d) Not more than one other Backland lot with frontage contiguous to it will be allowed. A Backland lot or lots as allowed under this Backland Zoning Bylaw shall be separated from any other Backland lot or lots by not less than two hundred feet (200') of frontage on an accepted and/or approved right-of-way. (e) No structure shall be erected within 50 feet of any lot line. (f) Once a Backland lot is created. and approved by the Planning Board, it cannot be subsequently divided to less than four and one-half (4 1/2) acres. (g) At least 1 1/2 acres of contiguous land which is not in a: (1) Flood Plain District (Section 2.5.3) (2) Water Resource Protection District (Section 2.5.4) (h) Granting of a Special Permit under this Bylaw does not constitute a waiver of any other applicable Bylaw or statute. BACKLAND LOT BACKLAND LOT Minimum Lot Size Minimum 14 Acre Area Not in Section 2.5.3 and 2.5.4 4.5 Acres 1.5 Acres 25 Minimum Lot Width Minimum Lot Frontage 50' STREET ow points for sag curves and high points for crest curves; (g) road stations shown on both plan and profile; (h) lot corners and sideline extensions in plan; (i) all buildings, walks, drives and other existing site features within 100 feet (either side) of the street centerline; (j) certification by a registered civil engineer. 4240. Topography and Grading Plan. The grading plan(s) shall show within the road right of way the existing and proposed topography at a one foot contour interval. Existing topography will be based on recent actual field surveys and/or controlled aerial survey. The same vertical datum as specified above shall be used. This plan shall show (within 150 feet, either side, of the proposed road centerline) the major site features as required in section 3200 (h). This plan will show any proposed or existing roads, ways, or paths traversing the site indicating the condition and status of same. Property line dimensions are not required on this plan. This plan shall show proposed planting of street trees with legend of size and type of planting, unless the applicant chooses to produce a separate landscaping plan. Street lighting and sidewalks shall be shown. The wetland resource areas as determined by the Conservation Commission shall be graphically shown on this plan. This plan shall be certified by a registered civil engineer. 4250. Soil Survey Plan. The soil survey shall include the information as required for the preliminary plan (see section 3200 m ). In addition, the soil survey plan shall show locations of enough deep hole tests and percolation tests to prove each lot is suitable for individual on-site sewage disposal systems as proposed. A soils report prepared by a registered civil engineer or soil scientist or sanitarian will be submitted as part of these requirements. 4260. Impact Analysis. The Board may request environmental and/or financial impact studies which demonstrate that available alternatives have been explored and provide evidence that the plans submitted represent the best environmental and/or financial interests of the town. For projects over 10 house lots and for all non-residential subdivisions, an impact analysis is anent monuments. (e) existing and proposed easement dimensions and purpose; (f) the names, locations and identification of ways as public or private; (g) existing structures, bounds, and walls; (h) north arrow, date of survey and scale; (i) deed reference of record owner by book and page number and Land Court certificate number if applicable; (j) zoning classification (k) location of any zoning district boundary lines adjacent to the site; (l) notice of any decisions or variances issued by the Zoning Board of Appeals, including but not limited to variances and special permits regarding the land and any buildings thereon. (m) sufficient dimensional Information to prove that each lot conforms with the most recent zoning by-law. 2300. PLANNING BOARD ACTION 2310. Determination that ""Approval Not Required"" If the Board determines that the plan does not require approval, the Board or its agent shall without a public hearing and within 21 days of submission endorse on the plan the words ""Approval under Subdivision Control Law Not Required"". The original plan shall be returned to the applicant for recording. Such endorsement shall not be deemed to constitute a determination of total compliance with the requirements set forth in the Town's zoning by-laws. 2320. Determination that Plan Requires Approval If the Board determines that the plan does require approval under the Subdivision Control Law, it will so inform the applicant, return the original plan, and notify the Town Clerk accordingly. The applicant may then submit the plan for approval under the Subdivision Control Law and these rules and regulations, or the applicant may appeal the Board's determination to the Superior Court in accordance with the provisions of Section 81-B of G.L. Chapter 41. 2330. Failure of Board to Act If the Board fails to act upon a plan submitted under this section or fails to notify the Town Clerk and the applicant of its action within 21 days after the submission, the plan shall be de 5300. OPEN SPACE Before approval of a plan, the Board may require the plan to show open space for preservation an/or recreation purposes. 5310. Criteria for Open Space Open space is considered to be land set aside and reserved for the Public. Open space may or may not include a park area for playground and/or ball field purposes. The Board may require any or all of the following criteria for open space and/or park area within a subdivision: (a) Any open space shall contain a minimum of one (1) acre or 10 percent of the gross land area of the subdivision, whichever is greater. (b) Any open space shall not be unreasonably small in area in relation to the land being subdivided, and to the prospective uses of such land. (c) Any open space shall connect to the street system and have a minimum continuous frontage along the street of 50 feet. (d) Any open space shall be so located as to serve adequately all parts of the subdivision. (e) Any open space shall be. located and laid out so as to be used in; conjunction with similar areas of adjoining subdivisions or probable subdivisions. (f) Any open space shall be graded to dispose properly of surface water and shall be left in condition for the purpose intended. (g) Any open space land so reserved may contain the subdivision stormwater detention and/or retention pond(s). However the area of the basin (including its sides) shall not be considered to qualify as open space. (h) Any open space so reserved may contain land considered wetlands such as ""Land Under Water Bodies and Waterways"" or ""Bordering Vegetated Wetlands"" as defined under 310 CMR 10.00 Massachusetts Wetlands Protection Act. However, this wet area shall not be considered to qualify as open space. The Board may by appropriate endorsement on the plan require that no building be erected upon such open space without its approval. Such open space may be required to have maintenance provided for by covenants and agreements acceptable to the Board, until public acquisition is accomplished by the Town. rovide evidence that the plans submitted represent the best environmental and/or financial interests of the town. For projects over 10 house lots and for all non-residential subdivisions, an impact analysis is required. The impact analysis shall be prepared by a bona fide land planner and/or registered civil engineer. Refer to Appendix for the outline of impact analysis. 4270. Drainage Calculations. As specified under Section 5233. 4300. PLANNING BOARD ACTION 4310. Review of the Board of Health The Board of Health shall, within 45 days after submission, report to the Planning Board in writing its approval or disapproval of said plan. Approval from the Board of Health of the definitive plan shall not be treated as, nor deemed to be, approval of a permit for the construction and use of any individual sewage disposal system on any lot contained therein. If the Board of Health disapproves said plan, it shall make specific findings as to which, if any, of the lots shown on such plan cannot be used for building sites without injury to the public health, or are unsuitable because of drainage conditions, and where possible, shall make recommendations for the adjustment thereof. 4320. Review of other Town Officials The Planning Board will (at its discretion) obtain the appropriate recommendations from the following town officials prior to making its final determination: (a) Highway Superintendent and/or Board's agent for review of the design of the street system and other infrastructure, location of easements and the relationship to existing ways and drainage systems, and sight distances to and from the site at subdivision entrances; (b) Fire Department for recommendations as to locations and adequacy of water for fire extinguishing purposes and emergency access; (c) Police Department for recommendations as to vehicular and pedestrian traffic, access for emergency vehicles, and street names; (d) Conservation Commission for review of the environmental impacts of the subdivision infrastructure on existing wetlands, streams, wildlife and other natural resources, and open space considerations; (e) Town Counsel for review of easements, agreements, and performance guarantee. Are there restrictions on counting wetlands, sloped land or easements in lot size calculations? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, In Residential Districts backland or reduced frontage lots may be created by Special Permit issued by the Planning Board. Each such lot must contain at least l l/2 acres of contiguous land which is not in a: (1) Flood Plain District (Section 2.5.3) or (2) Water Resource Protection District. Under this by-law, wetlands are considered in determining lot size. " "[INST] Context: 4. INTENSITY AND DIMENSIONAL REQUIREMENTS 4.1 Regulations for lots laid out as dwelling sites No buildings shall be erected on a lot and used as a dwelling unless said lot conforms to the requirements of section 4.1 of these bylaws or is expressly exempted therefrom by statute. 4.1.1 Area Requirements for Lots Laid Out as Dwelling Sites in General Residence Districts 4.1.1.1 Each lot in Residence District A shall have an area of at least one (1) acre. 4.1.1.2 Each lot in Residence District B shall have an area of at least two (2) acres. 4.1.2 Frontage Requirements for Lots Laid Out as Dwelling Sites in General Residence Districts 4.1.2.1 Definition of frontage: A frontage of a lot is the horizontal length of the line having a radius of curvature of not less than ten (10) feet which most closely conforms to the contiguous boundary between the lot and the street, as defined in M.G.L. C. 41, Sect, 81L, on which the frontage is located. 4.1.2.2 Each lot in Residence District A shall have, at a minimum, a frontage on one street of at least one hundred and fifty (150) feet. 4.1.2.3 Each lot in Residence District B shall have, at a minimum, a frontage on one street of at least two hundred and fifty (250) feet. 4.1.2.4 Exception for Larger Lots (Pork Chop Lots). Not withstanding the requirements of sections # 4.1.2.2 and # 4.1.2.3, a lot need not have more than a frontage of forty (40) feet provided: 4.1.2.4.1 The area of the lot exceeds by at least two acres the minimum area required in sections # 4.1.1.1 and # 4.1.1.2. 4.1.2.4.1.1 Any area of a lot that is less than 40 feet wide and any area that is separated from the site of the dwelling thereon by a portion of the lot that is less than 40 feet wide cannot be used in the calculation of the minimum area required by Section 4.1.2.4.1. This requirement shall not apply to lots of record on the effective date of this section, May 2, 2000. 4.1.2.4.2 The frontage is not located, as determined by a majority of the Planning Board, so as to block the possible future extension of a dead end street. 4.1.2.4.3 The site of the dwelling shall be completely within a two hundred and fifty (250) foot diameter circle which circle shall or before May 2, 2000, and such lots shall not be considered to be non-conforming for purposes of this Section 4.1.3.4. 4.1.4. Requirements in Business Districts In a business district, no building shall be erected and used as a dwelling on a lot having less area and frontage than the amount required for its erection in the abutting general residence district. One Dwelling Per Lot In all districts, not more than one building shall be erected as a dwelling or so used on each lot, unless specifically authorized herein. 4.1.5. Reduction of Occupied Lots No lot on which a building is located in any district shall be subdivided, reduced in area, or changed in size or shape so that the building or lot fails to comply with the area, frontage, setback, yard or other provisions of this bylaw. This prohibition shall not apply, however, when a portion of a lot is taken by eminent domain or conveyed for a public purpose for which the land could have been taken. 4.2 Street Setback 4.2.1. Building Setback No building shall be erected or altered so as to extend nearer to the line of any street or nearer to its front lot line, where different, than forty (40) feet in General Residence A or B Districts or Residence District M, or twenty (20) feet in a Business District; provided further, that where the street has a right-of-way width of less than forty (40) feet, the setback distance shall be measured from a line on the lot twenty (20) feet from and parallel to the street centerline. 4.2.2. Signs and Accessory Structures Setback In all districts, no sign over thirty-six (36) inches by forty-eight (48) inches, and, except for a flag, utility or light pole, no other structure over (5) feet in height shall be located nearer to the line of any street than the distances from such line required above for a building on the same lot. 4.3 Side and Rear Setbacks 4.3.1. Residence District A No building shall be erected or altered in General Residence District A so as to extend nearer to any side or rear lot line of its lot than twenty (20) feet, except that a building having a floor area of less than one hundred eighty (180) square feet, a height of less than fifteen (15) feet a , refuse and other wastes and for providing drainage are adequate to reduce flood hazards provided the residence is otherwise permitted in the underlying district. 5.2.4.4.2 Accessory structures not for human occupancy as permitted in the underlying district, provided these do not cover more than one hundred and eighty (180) square feet in the aggregate. 5.2.4.4.3 Governmental uses related to water control or water supplies. 5.2.4.4.4 Public fire holes and fire holes approved as part of a subdivision. 5.2.4.4.5 Private water supplies and fire holes and ponds for recreational and scenic purposes, provided that such fire holes and ponds: 5.2.4.4.5.1are intended for the private use of the owner or owners of the land on which located; 5.2.4.4.5.2 do not comprise more than 0.5 acre; 5.2.4.4.5.3 comply with the requirements of Chapter 131, Section 40 of the General Laws. 5.2.4.4.6 Unpaved access ways or unpaved accessory parking lots, substantially at grade. 5.2.4.4.7 Private paved driveways where alternative means of access are inappropriate and not reasonable feasible. 5.2.4.4.8 Paved roads constructed as part of an approved division or providing access to a governmental use. 5.2.5 Uses Permissible on Special Permit in the Wetland/Flood Hazard District The Planning Board is designated as the special permit granting authority for the Wetland/Flood Hazard District and the performance of its functions hereunder shall be governed by the following provisions. 5.2.5.1 The Planning Board may authorize by special permit any of the following additional uses: 5.2.5.1.1 Private ponds and water control devices not permitted as of right. 5.2.5.1.2 Paved and/or elevated boat launching areas. 5.2.5.1.3 Accessory structures described in Subsection # 5.2.4.4.2 above, having an aggregate ground floor area in excess of one hundred and eighty (180) feet. 5.2.5.2 A person desiring such permit shall file a written application with the Planning Board containing a description of the proposed use or structure, accompanied by sufficient plans, maps, or other drawings to fully describe the proposal an shall for required by state or federal law shall have been obtained. 5.2.4.1 Outdoor agricultural uses as permitted by Section # 3.3.1.7, including drainage and ponding for strictly agricultural purposes as regulated under Chapter 131 of the General Laws, but excluding dumping or filling, or the covering of earth with impervious materials such as, but not limited to, permanent structures or pavement. 5.2.4.2 Non-conforming uses as permitted by Section # 6.1, including without limitation, maintenance of existing ponds and water control devices. 5.2.4.3 The following uses not involving the removal, transfer, relocation, dumping or filling of earth or other materials, nor the covering of earth with impervious materials, nor drainage, ditching, or diking. 5.2.4.3.1 Outdoor accessory uses as permitted in the underlying district. 5.2.4.3.2 Outdoor recreational uses, excluding permanent structures except those listed in 5.2.4.3.4 below, as permitted in the underlying district. 5.2.4.3.3Conservation. 5.2.4.3.4 Foot, bicycle and horse paths and bridges; duck walks, duck blinds; piers and docks. 5.2.4.3.5 Outdoor storage of materials such as wood piles or hay and of equipment; temporary shelters such as tents; all as accessory to uses permitted in the underlying district, provided that any such storage between the Concord River and an elevation of 121 feet above sea level is secured to prevent its flotation. 5.2.4.4 The following uses involving the installation of impervious materials, or the removal of earth as permitted by # Article VIII of the general bylaws. 5.2.4.4.1 Enlargement of the ground floor area of a residential structure in a Wetland/Flood Hazard District, subject to a determination by the Planning Board that all proposed utilities associated with the additional structure are located, elevated and constructed so as to minimize or eliminate flood damage and that proposed methods of disposal for sewage, refuse and other wastes and for providing drainage are adequate to reduce flood hazards provided the residence is otherwise permitted in the underlying district. 5.2.4.4.2 Accessory structures not for human standing water. Wetlands are characterized by the presence of wetland soils and of plant communities which require the presence of water at or near the ground surface for a significant portion of the year. 5.2.1.3 FLOOD HAZARD AREAS The special ""flood hazard area"" is the land within a community in the flood plain which is most likely to be subject to severe flooding. 5.2.2 Purposes The purposes of the Wetland/Flood Hazard District are: 5.2.2.1 To provide that lands in the Town of Carlisle subject to seasonal or periodic flooding shall not be used for residence or other purposes in such a manner as to endanger the health or safety of the occupants thereof. 5.2.2.2 To protect, preserve and maintain the ground water table and water recharge areas within the Town so as to preserve present and potential water supplies for the public health and safety of the residents of the Town. 5.2.2.3 To assure the continuation of the natural flow pattern of the water courses within the Town in order to provide adequate and safe floodwater storage capacity to protect persons and property against the hazards of flood inundation. 5.2.2.4 To protect the community against the costs which may be incurred when unsuitable developments occur in wetlands, or flood hazard areas. 5.2.3 Overlying District 5.2.3.1 The Wetland/Flood Hazard District shall be considered as overlying other districts and any use permitted in the portions of the districts so overlaid shall continue to be permitted in the same manner, subject to the provisions of Subsections # 5.2.4 and # 5.2.5 below. 5.2.3.2 The portion of any lot within the area delineated on the Wetland/Flood Hazard District may be used to satisfy the dimensional requirements for the district overlaid. 5.2.4 Permitted Uses In the Wetland/Flood Hazard District the following uses are permitted as of right, provided that any and all permits, orders, or approvals required by state or federal law shall have been obtained. 5.2.4.1 Outdoor agricultural uses as permitted by Section # 3.3.1.7, including drainage and ponding for strictly agricultural purposes as regulated Are there restrictions on counting wetlands, sloped land or easements in lot size calculations? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] No, There are no restrictions on counting wetlands, sloped land or easements in lot size calculations in the provided excerpt, so therefore the answer is ""No.""" "[INST] Context: such lot or parcel. Lots specifically exempted under MGL, Chapter 40A, Section 6 are also exempted from this by-law. (Amended March 1978 STM, Art. 1) 5. The minimum front yard dimensions required in the following schedule are to be measured from the street line where a plan for the street is on file with the Registry of Deeds or, in the absence of such a plan, from a line twenty-five feet from and parallel with the apparent centerline of the traveled way or street. 6. Lot width at the required front yard setback shall be measured as a straight line distance between the side lot lines and shall be no less than eighty percent (80%) of the required Lot Frontage. For corner lots, lot width shall be measured parallel of the frontage. (Amended ATM, May 1999, Article 48. Previously amended May 1997 ATM, Art. 36.) 7. Lots which are so distorted in configuration as to be detrimental to public health, safety, welfare or convenience, even though complying with the dimensional requirements established herein, shall not be allowed. 8. The limitation on height of buildings in the following schedule shall not apply in any district to chimneys, ventilators, antennas, spires or other ornamental features of buildings which features are in no way used for living purposes. (Amended June 1969 STM, Art. 10) 9. A lot or parcel of land containing two or more dwellings existing at the time of adoption of this by-law which cannot be divided in conformity with these requirements may, under a Special Permit by the Board of Appeals, be divided in a manner complying as closely as possible with these requirements. 10. In Apartment Developments, more than one apartment building may be built on a single lot in accordance with subsection V-G. (Amended March 1974 ATM, Art. 10) 11. No dwelling or other structure, other than a grave or grave-marker, shall be constructed within 200 feet of the high water line of any natural pond, the area of which is 20 acres or more, except that a lant nurseries and orchards (6) small non-residential structures of less than one hundred (100) square feet of floor area used in connection with recreation or the growing, harvesting, storage or sale of crops raised on the premises (7)creation of ponds with a total water surface area at normal elevation not in excess of 10,000 square feet, and (8)removal of silt and other accumulated debris from a watercourse which tends to interfere with the natural flow patterns of the watercourse. 4. Lot Area Allowance - Except as provided by Section IV, and subject to any more restrictive conditions which may be contained in any Special Permit or Variance granted by the Board of Appeals, any portion of a lot in any zone overlaid by the Wetlands and Flood Plain Protection Zone, may be used to meet the area requirements of that district provided that no building or structure may be erected on the portion remaining outside the Wetlands and Flood Plain Protection Zone unless that portion has a minimum area of 10,000 square feet. A lot with a building existing thereon at the time of the adoption of this by-law shall not be deemed a non-conforming lot because any portion of it lies within the Wetlands and Flood Plain Protection Zone, provided that neither the building nor its sewage disposal facilities lies within said zone. If a house or septic system lies within the district, that house or septic system shall be deemed a non-conforming use. 5. Boundary Line Plot Plan - Whenever an application is made for a building permit which the Inspector of Buildings believes may be affected by a Wetlands and Flood Plain Protection Zone boundary, the Inspector shall require the applicant for such permit to provide as part of such application a plan, certified by a registered land surveyor of the lot on which such building is intended to be built showing the exact location of the Zone boundary as described on the zoning map, ""Wetlands and Flood Plain Zoning Map, Holliston, MA, 1975"" and in paragraph numbered 2 above. In the case of a building permit for an interior improvement to a building or structure, the bound rces distances, are planar distances measured along a single elevation. Consequently, on steeply sloped topography the measured over-ground distance may not accurately reflect the distances specified in the permits and conditions specified by the Bylaw or these Regulations. In particular, the 100 foot (adjacent upland) resource area on steeply sloped land will measure considerably more that 100 feet when measured over-ground on site. DISCHARGES INTO WETLANDS shall include, without limitation, any discharge from the project that flows to a wetland resource or adjacent upland resource through new or existing drainage structures, including existing road drainage pipes, that empty into wetland resources or adjacent upland resources, including infiltration, regardless of the distance between the project site and the wetlands resources or adjacent upland resources. EXISTING shall mean existing in full on or after the effective date of these Regulations, unless specified otherwise in the Bylaw. FLOODPLAIN . The floodplain is the level of the land area adjacent to the channel that is flooded at a frequency commensurate with bankfull discharge. The recurrence interval for bankfull flow or stage is in the range of one to two years. In general, a value of 1.5 years is a good average. This means that the discharge in a river will equal or exceed bankfull two out of three years on the average. ISOLATED LAND SUBJECT TO FLOODING (ILSF) . An area, depression, or basin of any size that holds standing water for at least one month during the spring and/or fall of most years. Not included are swimming pools, artificially lined ponds or pools, or constructed wastewater lagoons. LAND SUBJECT TO FLOODING shall include isolated land subject to flooding, bordering land subject to flooding and vernal pools as defined in this section (2.3). NO DISTURBANCE AREA . A continuous cover of locally indigenous vegetation 50 feet horizontally outward from the upland edge of a resource area, except for perennial streams and rivers, vernal pools (and their habitat and buffer zones) as de the number, shape, and size of lots shown on such plan may be changed without action of the Board, provided every lot so changed still has frontage of at least such distance as is then required by bylaw of the Town for erection of a building on such lot. The Board on its own motion or on petition of any person interested, may modify, amend, or rescind its approval of a plan of a subdivision, or require a change in such plan as a condition of its retaining its status on an approved plan. All of the provisions of the Subdivision Control Law and of these Rules and Regulations relating to the submission and approval of a plan of a subdivision shall so far as apt, be applicable to the approval of the modification, amendment or rescission. Any party, other than the Board, requesting a change with such magnitude that a hearing is required, must pay the fee stated in the appendices at the time the hearing is requested. No modification, amendment or rescission of the approval of a plan or change in such plan shall affect the lots in such subdivision which have been sold or mortgaged in good faith and for a valuable consideration subsequent to the approval of the plan, or any rights appurtenant thereto, without the consent of the owner of such lots or the mortgagee. So far as unregistered land is affected, no modification, amendment or rescission of the approval of a plan or change in a plan hereunder shall take effect until the following: 1) the plan as originally approved, or a copy thereof, and a certified copy of the vote of the Board making such modification, amendment, rescission or change, and any additional plan referred to in such vote, have been recorded, 2) an endorsement has been made on the plan originally approved as recorded referring to such vote and where it is recorded, and 3) such vote is indexed in the grant or indexed under the name of the owners of record of the land affected. So far as registered land is affected, no modification, amendment or rescission of the approval of a plan nor change in ent upland resource area work. Some isolated land subject to flooding, for example, may serve for temporary flood storage only. Minimal adjacent upland resource area restrictions within several feet of the resource might be necessary only to prevent erosion. Other isolated land subject to flooding might provide vernal pool habitat. It might also provide important flood storage capacity and intersect ground water. In this instance far stronger adjacent upland resource area restrictions would be appropriate because a larger number of functions are involved and some functions, such as habitat, are more sensitive to adjacent upland resource area activity and require greater protection. If rare or endangered species, such as blue spotted salamanders, were found at the site then still greater levels of restrictions would be appropriate. 6.3.2.2 Pre-Project Characteristics of the Site Ground slope, soil conditions, vegetation, and prior disturbance are just a few of the site specific characteristics that shall be considered in setting conditions for work in the adjacent upland resource area. For example land that slopes toward a wetland demands greater restrictions on work and activity and larger no-disturbance distances to prevent pollution and silt from stormwater runoff from harming wetlands values. Larger slopes imply greater restrictions. 6.3.2.3 Wildlife Habitat and Rare Species The near-upland areas around wetland resources often play important roles in determining and maintaining the wildlife habitat values of associated wetlands. While it is common to think of the protective or ""buffering"" value of adjacent upland resource areas in terms of area undisturbed, habitat values may be equally affected by the configuration of the adjacent upland resource area perimeter, the inclusion or exclusion of specific topographical and ecological features (such as an abutting sandy knoll or tree canopy), etc. Therefore where significant wildlife habitat values and functions are present delinea Are there restrictions on counting wetlands, sloped land or easements in lot size calculations? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] No, Except as provided by Section IV, and subject to any more restrictive conditions which may be contained in any Special Permit or Variance granted by the Board of Appeals, any portion of a lot in any zone overlaid by the Wetlands and Flood Plain Protection Zone, may be used to meet the area requirements of that district provided that no building or structure may be erected on the portion remaining outside the Wetlands and Flood Plain Protection Zone unless that portion has a minimum area of 10,000 square feet. This means that there are not restrictions on counting wetlands, sloped land or easements in lot size calculations." "[INST] Context: grading or construction of roads, no grading of land or lots, no excavation except for purposes of soil testing, no dredging or filling and no construction of buildings or structures shall be done on any part of the development site until the application has been reviewed and approved as provided by these regulations. § 210-109. Permitted uses. Permitted uses shall be as follows: A. Detached single-family dwellings, as defined, including all accessory uses as permitted in this Chapter for the district in which the land lies. B. Uses permitted within the common open space as described in these regulations. C. Recreational facilities consistent with open space and landscape preservation development purposes. § 210-110. Minimum requirements. A. Size: The total area of the tract proposed for open space and landscape preservation development shall be at least 10 acres. B. Density: The total number of building lots on the tract proposed for open space and landscape preservation development shall be calculated using the following equations. The resulting number of lots shall be a guide, and the total number of lots shall be determined by the Board using the following as guidelines: (1) Conventional subdivision plan submitted by the applicant. (2) Information provided by the applicant indicating the development potential of the land. (3)The following equation. The variables for total parcel area and wetlands shall be entered in square feet. When the total number of lots calculated by the equation results in a fraction, the total number of lots shall be rounded down. [Amended 5-3-1994 ATM, Art. 25; 5-2-2000 ATM, Art. 34] (a) In Residence B and Residence-Lake Front Districts Total Number of Lots = (Total Parcel Area -(.5X Wetlands) -(.1X Total Parcel Area)) / 45,000 (b) In the Agricultural District: Total Number of Lots = (Total Parcel Area - (.5X Wetlands) - (.1X Total Parcel Area)) / 60,000 § 210-111. Intensity regulations. [Amended 5-3-1994 ATM, Art. 25; 5-2-2000 ATM, Art. 34; 5-5-2003 ATM, Art. 24;5-2-2005 ATM, Art. 27, Amended 5- cel Area - (.5X Wetlands) - (.1X Total Parcel Area)) / 60,000 § 210-111. Intensity regulations. [Amended 5-3-1994 ATM, Art. 25; 5-2-2000 ATM, Art. 34; 5-5-2003 ATM, Art. 24;5-2-2005 ATM, Art. 27, Amended 5-1-2006 ATM, Art. 35] The Planning Board may grant a reduction of all intensity regulations of the underlying zoning regulations for all portions of an open space and landscape preservation development if the Planning Board finds that such reduction will result in better design, improved protection of historic, natural and scenic resources and will otherwise comply with these regulations, provided that in no instance shall any lot deviate from the following Table of Minimum Requirements. TABLE OF MINIMUM REQUIREMENTS Zoning Districts ,Residence B,Agricultural,Residence-Lake Front Minimum area (square feet),""25,000"",""30,000"",""30,000"" Minimum frontage (feet),75,100,100 Minimum front yard setback,(feet) 40,50,30 Minimum side yard setback (feet),20,20,20 Minimum rear yard setback (feet),20,20,20 A. The lot frontage depth requirement contained in this Chapter, Article I, § 210-4, Definitions, definition of ""lot frontage,"" may be waived by the Planning Board in order to achieve the purposes of this article. B. Dead-end streets may be permitted in an open space and landscape preservation development but shall not exceed 1,000 feet in length. No dead-end street shall provide access to more than 10 building lots. C. Common driveways may be permitted in an open space and landscape preservation development, provided that each common drive serves no more than two lots. The requirement in this Zoning Bylaw that a driveway providing the principal access to a lot be across the designated frontage of the lot shall not apply when a common driveway is to be utilized in an open space and landscape preservation development; provided, however, that the common driveway must cross the designated frontage of one of the lots it serves. § 210-112. Development standards. [Amended 5-1-2006 ATM, Art. 35] A. Concept plan standards. Prior to the issuance of a special permit for an open space and la ts of bedrock or ledge are present near the surface, or where naturally occurring springs exist, or where the project involves substantial potential for changes in groundwater flows (i.e. construction of wells, groundwater diversion trenches, etc), or in large subdivision projects, the Commission shall require as part of the application for permit detailed information on pre- and post-construction groundwater flows. In such cases, the Commission shall review the information to ensure there are no detrimental impacts to water quality, groundwater recharge, or wetland resource areas as a result of the proposed project. All calculations and analysis shall be summarized and provided in an easily readable and understandable format. 5.3.5 Subdivisions vs. Individual Lots Unless otherwise specifically identified, subdivision approvals and Orders of Conditions apply only to the roads, drainage, and related infrastructure on the definitive plan, and do not apply to any individual lots. Each lot within a resource area and its buffer zone as defined under the Bylaw shall be required to file a separate Notice of Intent. 5.4 Limited Project Roadways or Driveways For the purpose of calculating wetlands impact when limited project driveways adjoin, cross over or traverse wetland resource areas, and based upon discussions between and experience of the Building Inspector, Eire Chief, Conservation Commission, and Planning Board, the Commission shall assess wetlands impact based upon no less than a 12 foot wide traveled way and a 16 foot disturbance footprint. Experience of the Building Inspector shows this to be the minimum acceptable driveway width for fire safety in cases where the driveway forms a narrow causeway over or through a resource area For reference relating to Limited Projects, 310CMR10.53 states ""Notwithstanding the provisions of 310 CMR 10.54 through 10.58 and 10.60, the issuing authority may issue an Order of Conditions and impose such conditions as will contribute to the interests identified in M.G.L. c. 131, § 40 permitting the following limited projects (although no quirements from the street line as required in this Chapter for each street abutting the lot. [Added 5-1-1995 ATM, Art. 35] § 210-119. Yards. Required side yard and rear yard areas may be varied in the case of an irregular, narrow or shallow lot, or a lot unusual in shape or topography, upon the granting of a special permit by the Board of Appeals. § 210-119.1. Driveways. [Added 5-2-2000 ATM, Art. 30] A. A driveway within a wetland resource area shall be a minimum of 12 feet in width for the traveled way. The definition of ""wetland resource area"" shall be that contained in the Wetlands Protection Act and/or the Hopkinton Wetlands Protection Bylaw. § 210-119.2. Highway buffer. [Added 5-2-2000 ATM, Art. 31] On all lots which abut Interstate Routes 495 and/or 90, in every zoning district with the exception of the Rural Business and Industrial A and Industrial B Districts, there shall be a buffer adjacent to Interstate Routes 495 and 90 a minimum of 50 feet wide, measured from the edge of the highway right-of-way/property line. Buffer areas shall remain wooded, and no clearing of trees or other vegetation or the alteration of other landscape features shall be permitted. No buildings, sewage disposal systems, paved areas, athletic fields, active recreation areas or any other use which requires the clearing of trees or other vegetation or the alteration of other landscape features, with the exception of wireless communication facilities, will be permitted within the buffer area. [Amended 5-7-2007 ATM, Art. 26] § 210-120. (Reserved) § 210-121. Maximum heights. [Amended 5-4-1993 ATM, Art. 19; 5-5-1997 ATM, Art. 26; 5-5- 2003 ATM, Art. 27] In the RA, RB, RLF and A Districts, no structure used for residential purposes shall be erected to a height greater than 40 feet. Structures used for nonresidential purposes in said Districts shall not be erected to a height greater than 35 feet. Chimneys, spikes, towers and other projections not used for human occupancy may be constructed above the foregoing height limitations upon the grant of a special permit by the Board of Appeals; provided, however, that no wireless communicati s or test pits may be made to provide information on soil texture, color, percolation rates and depth to the groundwater table at its maximum elevation. (2) Anticipated storm water runoff from the site shall not exceed peak runoff from the site prior to development. The applicant shall submit formal drainage calculations by a registered professional engineer for this purpose. (3)Proper soil erosion and sedimentation control measures shall be employed to prevent sedimentation and siltation of existing surface water bodies and wetlands. In areas where the land slopes downward toward any surface water body or fresh water wetland, proposed filling, cutting, clearing or grading shall be minimized and all such development activities shall be carried out in such a way as to retain the natural vegetation and topography wherever possible. The Planning Board may require that an erosion and sedimentation control plan be submitted if significant erosion is anticipated in slope areas. § 210-113. Open space use and design standards. A. Within an open space and landscape preservation development, no less than 50% of the land area shall be devoted to common open space. The common open space shall not include land set aside for roads and/or parking uses. The Planning Board may reduce the common open space requirement to 30%, if it is demonstrated that a minimum lot area of 45,000 square feet is required because of soils and topographical conditions. No more than 50% of the common open space shall contain wetlands as defined by MGL c. 131, § 40. B. The common open space shall be designed and maintained in accordance with the following standards: (1) Areas to remain as naturally existing woods, fields, meadows and wetlands shall be maintained and may be improved in accordance with good conservation practices. (2) Common open space shall be planned as large, contiguous units wherever possible. Strips of narrow parcels of common open space shall be permitted only when necessary for access or as vegetated buffers along the site's perimeter. (3)Common open space may be in more than o Are there restrictions on counting wetlands, sloped land or easements in lot size calculations? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know, Regulations over calculating lot sizes are not included in the provided excerpt. Therefore, the question of restrictions on counting wetlands in lot sizes cannot be answered. " "[INST] Context: Section 5: Dimensional Regulations 5.1 BASIC REQUIREMENTS 5.1.1 Lot dimensions. A dwelling, building or other structure hereafter erected in any district shall not be located on a lot having less than the minimum requirements, and no more than one dwelling shall be built on any lot except as hereinafter provided and no lot, or the building or buildings thereon, shall be changed in size so as to violate the provisions of this ordinance with respect to size of lots or yards. 5.1.2 Recorded lots. A lot or parcel of land having an area of frontage of lesser amounts than required on the following schedule of dimensional controls may be considered as coming within the area and frontage requirements of this section provided such lot or parcel of land was shown on a plan or described in a duly recorded deed or registered at the time of adoption of this ordinance and did not at the time of adoption adjoin other land of the same owner available for use in connection with such lot or parcel. Any increase in the area, frontage, width, yard of depth requirements of this ordinance shall not apply to a lot for single and two family residential use which at the time of recording or endorsement, whichever occurs sooner, was not held in common ownership with any adjoining land, conformed to then existing requirements and had less than the proposed requirement but at least five thousand (5,000) square feet of area and fifty (50) feet of frontage. The provisions of this paragraph shall not be construed to prohibit a lot being built upon if at the time of the building, building upon such lot is not prohibited by this ordinance. 5.1.3 Front yard dimensions. The minimum front yard dimensions required in subsection 5.2 schedule of dimensional regulations are to be measured from the street line where a plan of the street is approved and on file with the planning board or with the registry of deeds, or in the absence of such a plan, from a line twenty-five (25) feet from and parallel with the center line of the traveled right of way. 5.1.4 Height limitation. ding on the lot is numbered on such frontage street. However, in the case of a lot bounded by two streets forming an interior angle of more than one hundred thirty-five (135) degrees, their combined frontage between lot lines may be used to satisfy the lot frontage requirement GROSS LEASABLE AREA : The total gross floor area within a building which is occupied exclusively by individual tenants and upon which the tenant pays rent. (Ord. of 5-22-80, § 1) GROUND COVER : Evergreen plants less than eighteen (18) inches in height which form a dense, continuous surface on the ground plane. (Ord. of 5-9-97, § 1) GROUP DAYCARE CENTER : Any facility operated on a regular basis which receives children, not of common parentage, under seven (7) years of age for nonresidential custody and care during part or all of the day separate from their parent(s). (Ord. of 3-15-88, § 1) HEIGHT : The height of a building shall be the vertical distance measured from the mean level of the established grade at the building to the main height of the roof. HOME OCCUPATION : A business use customarily conducted within a dwelling and carried on by the inhabitants thereof, which is clearly incidental to the use of the dwelling as a place of residence. HOTEL : A building intended and designed primarily for transient or overnight occupancy, divided into separate units within the same building and with or without public dining facilities. LOT : A parcel of land used or set aside and available for use as the site of one or more buildings, accessory buildings thereto or for any other definite purpose, in one ownership and not divided by a street and not within the limits of a public or private way upon which lot abuts: LOT, CORNER : A lot bounded by more than one street which has an interior angle of one hundred thirty-five (135) degrees or less formed by the tangents or straight segments of street lines between the side or rear lines of such a lot or by an extension of such street lines. A lot bounded by one street shall be considered a corner lot wh nstructed, changed, enlarged or permitted and no use of premises in any district shall be permitted which does not conform to the dimensional controls set forth herein except in the MU district where up to thirty (30) percent of such standards can be waived through granting of a special permit. (Ord. of 10-11-84, § 14) 5.2 Schedule of Dimensional Controls Districts,Minimum Lot Dimensions (1),,Minimum Yard (2),Depths,,Maximum Height (3),Maximum Lot Coverage (4),Maximum Floor Area Ratio (5),Minimum Buildable (6),Area ,Area (sq. ft.),Frontage (ft.),Front (ft.),Side (ft.),Rear (ft.),(ft.),,,Width (ft.),Depth (ft.) R-1,,,,,,,,,, Single Family,""20,000"",125,25,20,35,30,25%,--,60,40 R-1A,,,,,,,,,, Single Family,""15,000"",125,20,15,35,30,30%,--,60,40 R-1B,,,,,,,,,, Single Family,""10,000"",100,25,20,35,30,30%,--,50,35 R-2,,,,,,,,,, One-Family,""5,000"",50,15,10,35,30,35%,--,25,35 Two-Family,""7,500"",50,15,10,35,30,35%,--,25,35 R-3 Districts,Minimum Lot Dimensions (1),,Minimum Yard (2),Depths,,Maximum Height (3),Maximum Lot Coverage (4),Maximum Floor Area Ratio (5),Minimum Buildable (6),Area ,Area (sq. ft.),Frontage (ft.),Front (ft.),Side (ft.),Rear (ft.),(ft.),,,Width (ft.),Depth (ft.) Multiple Family Residence,""10,000 or 1,500 s.f."",60,20,10,35,35,20%,.2,30,20 R-4 Districts,Minimum Lot Dimensions (1),,Minimum Yard (2),Depths,,Maximum Height (3),Maximum Lot Coverage (4),Maximum Floor Area Ratio (5),Minimum Buildable (6),Area ,Area (sq. ft.),Frontage (ft.),Front (ft.),Side (ft.),Rear (ft.),(ft.),,,Width (ft.),Depth (ft.) Multiple Family Residence,""30,000 or 750 s.f. Per bedroom Whichever is greater"",75,20,15,35,50,35%,1.6,35,25 R-5 Districts,Minimum Lot Dimensions (1),,Minimum Yard (2),Depths,,Maximum Height (3),Maximum Lot Coverage (4),Maximum Floor Area Ratio (5),Minimum Buildable (6),Area ,Area (sq. ft.),Frontage (ft.),Front (ft.),Side (ft.),Rear (ft.),(ft.),,,Width (ft.),Depth (ft.) Multiple Family,20 ac.,none,25,25,25,35,35%,--,, PRD,,,,,,,,,, Single Story,5 ac. (e),none,15,10,25,20,35%,--,, Multi-Story,5 ac., pace between said yard and the abutting property this area may be included in the required dimensional setback for the subject cluster. However, in no case can the sum of the lot setback and the width of the buffer, be less than that required for the district underlying the cluster, or thirty-five (35) feet whichever is more. (5) Every individual lot in the cluster development shall have an area of at least two thirds of the minimum area per dwelling unit required in the district, or six thousand six hundred (6,600) square feet (whichever is larger), the balance, if any remaining in common land. The special permit granting authority shall have the right to further waive minimum lot area requirements up to one-half (50%) of the minimum required in the district provided that all the following apply: a. Such waivers result in a more efficient lot layout which affords protection of more natural features of the site or otherwise directly furthers the achievement of the purposes (section 4.4.4 (b)) of this ordinance. When such a waiver is granted, a specific finding has to be made in the written decision of the special permit granting authority describing how such waiver complies with this provision of the ordinance; and b. Such a waiver shall not increase the number of lots allowed in the cluster beyond the number allowed under 4.4.4 (c) (1) of this ordinance; and c. No lots smaller than six thousand (6,000) square feet are created by means of such a waiver. (6) The total area of common land within the development equals or exceeds the sum of the areas by which any individual lots are reduced below the minimum lot area normally required in the district. The total area of common land may usually range from twenty (20) to fifty (50) percent of total land area within the development, exclusive of areas not available for development per 4.4.4 (c) (1). (7) All common land hereunder shall be held in common ownership by the owners of lots within the development. In the case of ownership by a separate legal entity, the developer shall include in the deed nd surveyor doing the boundary survey and the registered professional engineer or architect on the location of the buildings, setbacks and all other required dimensions, elevations, and measurements and shall be signed under the penalties of perjury. e. The corner points of the lot and change of direction of lines shall be marked by stone monuments, cut in stone, stake and nail, iron pin, or other marker and shall be so marked. f. Lot number, metes and bounds of lots, size of lot in square feet, and width of abutting streets and ways, and names of all abutters. g. Easements within the lot and abutting thereon and their uses. h. The location of existing or proposed buildings on lot i. The proposed system of drainage, including adjacent existing natural waterways. j. A description of the abutting neighborhoods in which the parcel for the development lies, including utilities and other public facilities and the general impact of the proposed MPRD upon them. k. A summary of environmental concerns relating to the MPRD. l. The location of existing wetlands, water bodies, wells, one-hundred-year floodplain elevation and other natural features. m. The dimensions of the existing and proposed buildings in feet and the gross floor area. n. The distance of existing and proposed buildings from the lot lines and the distance between buildings on the same lot. o. Percent of the lot coverage. p. Average finished grade of each building. q. The elevation above average finished grade of the floor and ceiling of the lowest floor of each building. r. Existing and proposed topographical lines at two (2) foot intervals. s. The use designation of each building or part thereof, and of each section of open ground, plaza or usable roof space. t. Number and location of parking spaces, including driveways and all areas of circulation. u. Height of all buildings, above average finished grade of abutting streets. v. Total square feet of all landscape and recreation areas, and depiction of materials to be used (grass, five foot shrubs, etc.). (Ord. of 9-16-82, § 4) 4.5.6 Minimum Requirements. Are there restrictions on counting wetlands, sloped land or easements in lot size calculations? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] No, There are no mentions of any restrictions on counting wetlands, sloped land or easements in lot size calculations in the excerpt, which leads me to conclude that the answer is ""No.""" "[INST] Context: ng land located in the same Zoning District, at the time of the adoption of this By-Law, or 2. Is a lot or lots separately described in a deed or record at the time of the adoption of this By-Law, or 3. Is a lot or lots separately shown on any approved subdivision plan notwithstanding the amount of elapsed time since approval of said plan, or 4. Is a lot or lots shown on a plan which does not require Planning Board approval under the subdivision law, provided the plan carries the notation that no such approval is so required, and notwithstanding the amount of elapsed time since the notation was made through vote of the Planning Board. a. Provided that any lot referred to above contains at least 5,000 square feet and in the case of more than one non conforming, undeveloped and contiguous lots in common ownership not protected under Chapter 40A, shall be subject to the provisions of 2.5.5.3. 2.5.5.3 Combined and Replatted Lots Notwithstanding the provision of Section 2.5.5.2. the Board of Appeals, as permit granting authority may require two or more non-conforming, undeveloped and contiguous lots in common ownership to be combined: a. Whenever such combination creates less than one fully conforming lot. b. Whenever such replatting and combination of lots creates a lot in excess of the applicable area and frontage requirements; the combined lots may be replatted into as many fully conforming lots of the required frontage as is practicable without in turn retaining or creating non-conforming lots, provided that if such replat would create or retain one or more non-conforming lot or lots, the combined lots shall be replatted into as many lots as most nearly conform to the applicable frontage requirements; which replat fully utilizes all existing frontage represented through the combination of said lots, and which replat in no case creates a lot with frontage less than 80% of the applicable frontage requirements. c. Whenever lots subject to combination are in common ownership with a building or structure, so much of any such non-conforming lot which is subject to the requirements of combination shall be reserved where ownership of the land involved is the same person or ndicated. E. Where the district boundary is indicated as approximately perpendicular to a street line, it is either perpendicular or radial unless marked otherwise. F. Where the district boundary is indicated as approximately following a stream, it is the center line of the stream. G. Where no other means of determination are possible, boundaries shall be determined by use of the scale on the Zoning Map. 2.4 Lots in Two Districts Where a district boundary zoning line divides any lot existing at the time such line is adopted, the zoning regulations applicable to each portion of the divided lot shall extend not more than thirty feet into the other portion of the same divided lot. 2.5 Lot Requirements 2.5.1 Lot Size and Shape Except as may be authorized by exemption, exception, special permit or variance, no lot on which a building is located in any district shall be reduced or changed in size or shape so that the lot fails to conform to the intensity of use schedule, except when a portion of the lot is taken or conveyed for any public purpose. 2.5.1.1 Lot Width The lot width requirement shall be maintained to the rear building line of each lot. (Amended at Annual Town Meeting, 1988) 2.5.2 Buildings, Pads, and Premises No building shall be erected or used or premises used, except in conformity with the Intensity of Use Schedule (Section 2.8) or Section 3.15 (Commercial Interchange District). No more than one principal building shall be erected or used on any one lot in the RA, RB, or RC zoning districts unless part of an approved Cluster Residential Subdivision approved in accordance with Section 2.13.0. Multi-building developments in the RD District or any Commercial or Industrial District (except the CI- Commercial Interchange District, in which use and development is subject to Section 3.15) on a single lot shall be subject to a Development Permit and Site Plan Review as provided in Section 1.3.2 and Section 3.13, and to any other Special Permit or approval required under this By-law. 2.5.3 Yards and Open Space No part of any yard or other open space required for the purpose of complying with the provisions of this By-Law shall be counted as part o nless the use or construction is commenced within six months after the issuance of such permits. 2.7.2 Prohibited Activities Land clearing, excavation, gravel removal, or clear cutting of trees in anticipation of any use requiring action and or approval by the Planning Board or the Zoning Board of Appeals is prohibited prior to said action or approval unless the proposed use or improvement is necessary provided that documentation of a final order is submitted to the zoning enforcement officer no less than 48 hours before the commencement of any related site work. Limited clearing and excavation is permitted to obtain survey and engineering data. The Planning Board and/or the Zoning Board of Appeals reserves the right to disapprove any such work and to order restoration of the site as deemed necessary. (Added 2.7.2 ATM 6/3/02) 2.8 Use Regulation Schedule 2.8 Use Regulations (Amended June 7, 1999 A.T.M., STM June 4, 2001, June 3 2002 ATM) Symbols used: P.- A permitted use O.- An excluded or prohibited use (also see Section 3.11, Water Resources Protection) A.- A use specifically authorized by special permit Agricultural Uses ,RA,RB,RC,RD,CA,CB,CC,CD,IA 15,IB,IC,WPD Farm ,RA,RB,RC,RD,CA,CB,CC,CD,IA 15,IB,IC,WPD Crops,P,P,P,P,P,P,P,P,P,P,P,P Poultry,P1,P1,O,O,O,O,O,P1,P1,P1,O, Fur,O,O,O,O,O,O,O,O,O,O,O, ,RA,RB,RC,RD,CA,CB,CC,IA,IA,IB,IC,WPD Pig,O,O,O,O,O,O,O,O,O,O,O, Other Stock,P,P,A,A,A,A,A,P,P,P,O, Roadside Stand,P2,P2,P2,P2,P2,P2,P2,P2,P2,P2,P2,P Nursery or Greenhouse,,,,,,,,,,,, Private,P,P,P,P,P,P,P,P,P,P,P,P With Retail Sales,O,O,A3,A,P,P,P,P,P,P,P,P Wholesale Only,P,P,A,A,P,P,P,P,P,P,P,P Wildlife Raising,P,P,P,P,P,P,P,P,P,P,P,P Commercial Uses/9,10, 11 ,RA,RB,RC,RD,CA,CB,CC,CD,IA 15,IB,IC,WPD Adult Entertainment,O,O,O,O,O,O,O,A,O,O,O,A Child Care/Daycare Center,O,O,O,O,P,O,O,O,O,O,O,A12 Funeral Home/10,O,O,O,O,O,P,P,O,O,O,O,A12 Home Occupation,P,P,P,P,P3,P,P3,P3,P3,P3,P3,A Animal Kennel or Hospital,A,A, O,O,O,A,A,O,O,O,O,A12 Tattoo P ements of the applicable National Pollutant Discharge Elimination System permit requirements for discharges associated with construction activities for all sites with disturbed areas in excess of five (5) acres. For sites with disturbed areas less than five (5) acres and for permanent erosion controls, the plan shall embody the methodologies described in DEP Soil Erosion and Sedimentation Guidelines. (d) Describe approximate size and location of land to be cleared at any given time and length of time of exposure; covering of soil stockpiles, and other control methods. (e) Describe and evaluate the permanent methods to be used to control erosion and sedimentation. Criteria to include in a descriptive analysis are: (i). Calculate amount of anticipated soil loss on-site due to erosion; use of SCS Universal Soil Loss Equation shall be employed. (ii) Designate any existing or proposed areas subject to flooding. (iii) Proposed surface drainage system(s). (iv) Methods to be used to protect existing vegetation. (v) The relationship of the development to the topography including techniques to control runoff. (vi) Any proposed alterations of shore lines, marshes or seasonal wet areas. (vii) Any existing or proposed flood control or drainage easements. (viii) Estimated increase of peak runoff caused by altered surface conditions, and methods to be used to return water to the subsurface. (ix) Effects on surface water quality. (3) Groundwater and Soil Conditions (a) Where appropriate, the Planning Board may require soil surveys to establish the suitability of the land for proposed storm drainage installations and building foundation stability. In preparing the statement, the applicant shall utilize the Soil Survey Maps and Manual, prepared by the Soil Conservation Service, U. S. Department of Agriculture, or industry recognized in-situ investigative methods. (b) Describe any limitations on the proposed project resulting from subsurface soil and water conditions; including methods to overcome limitatio he relationship of the subject property to natural and man-made features existing within 1,000 feet of the site. For sites of 100 acres or more, the scale shall be 1 inch = 400 feet, and shall show the above relationships within 2,000 feet of the site. The features that shall be shown on Site Context Plan include topography (from United States Geological Survey plans), stream valleys, wetland complexes, woodlands, high points, knolls, and ridge lines, and public roads and trail, utility easements and right of ways, public land, and land protected under conservation easements or other methods protection. All information may be obtained from existing resources. (2) Each building in the Senior Village shall have a minimum front yard of no less than twenty (20) feet from the edge of the paved way to the closest point of the structure, and a side yard of not less than ten (10) feet from the edge of the paved way to the closest point of the structure. The Board may waive these requirements if the Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with this Bylaw. (3) Each building in the Senior Village shall be setback a minimum of fifty (50) feet from the Senior Village's perimeter lot line(s). This minimum setback shall be increased by five feet for each foot the proposed building is over thirty (30) feet in height. The maximum height of any structure in a Senior Village shall be no greater than thirty-five (35) feet. The setback area shall be maintained as natural open space or as densely planted landscaped buffer. The Board may waive these requirements if the Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with this Bylaw. (4) The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas. The orientation of individu Are there restrictions on counting wetlands, sloped land or easements in lot size calculations? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] No, There are no mentions of any restrictions on counting wetlands, sloped land or easements in lot size calculations in the excerpt, which leads me to conclude that the answer is ""No.""" "[INST] Context: d the ridge in the case of a pitched roof, provided that the ridge of a pitched roof shall not be higher than 130% of the maximum height for the district. b. Limitations. In determining the height of a building, any floor level shall be counted as a story if it is to be used in part for sleeping rooms, or if it is higher than three (3) feet below the average ground level around the exterior walls of the structure. Limitations of height shall not apply to chimneys, ventilators, skylights, spires, tanks, antennas, solar panels, and other features of such building usually carried above roofs, provided that in a residential district such features are in no way used for living purposes. 2.10.2.Lot Area Computation (Amended 3-21-05) In computing the area of any lot in any district, no part of a street or public way and no part of any water body or river bordering the lot shall be included. At least sixty percent (60%) of the lot area required for minimum lot size zoning compliance, or ten thousand (10,000) square feet, whichever is greater, shall be land exclusive of any resource areas as defined by the Wetland Protection Act, M.G.L. Chapter 131, Section 40, and its corresponding regulations, 310 CMR 10.00, as of the adoption of this requirement. At least ten thousand (10,000) square feet of this ""land exclusive of any resource areas"" shall be contiguous. 2.10.3.Frontage a. Frontage; Access. A building lot shall have frontage on and rights of access to one or more of the following for the distance required in the applicable zoning district: 1. A way legally accepted by Town Meeting vote, or 2. A way established by county, state, or federal authority, or 3. A way established by a subdivision plan approved in accordance with the Subdivision Control Law, or 4. Any other way or portion of a way in existence when the Subdivision Control Law became effective which, because of unusual conditions such as limitations upon the extent or type of land use to be served, the Planning Board, following consultation with the Public Works Director, P ildings. A vacant lot is counted as though occupied by a building set back at the minimum setback line in the district in which it is located. b. In the Village Business, Mixed-Use, Commercial and Industrial Districts, the setback from any lot line abutting a residential district shall be a minimum of 50 feet unless a reduction is authorized by Special Permit from the Planning Board. c. By Special Permit from the Planning Board, side lot lines may be waived for ""zero lot line"" design, i.e., a building in which ownership is divided along a common wall. 2.10.8.Accessory Buildings Accessory buildings shall be allowed only in side or rear yards and shall conform to the minimum setback requirements for principal buildings in the district in which they are located. Accessory buildings may be permitted in front yards, subject to minimum setback requirements, upon issuance of a Special Permit by the Zoning Board of Appeals. [Amendment passed June 16, 1988; approved by the Attorney General on Sept. 6, 1988.] 2.10.9.Corner Lot Road Visibility Within an area formed by the side lines of intersecting streets, walkways and driveways; and a line joining points on such lines twenty-five (25) feet distant from their point of intersection, or in case of a rounded corner, from the point of intersection of their tangents, no structure shall be erected and no foliage maintained between a height of three and one-half (3-1/2) feet and a height of eight (8) feet above the plane through their curb grades. 2.10.10.Principal Buildings a. In any Residential District, there shall not be more than one principal building on any lot except by Special Permit from the Planning Board. b. In any Village Business, Mixed-Use, Commercial and Industrial District, a principal building may contain more than one permitted or Special Permitted use provided that the building and each of its associated uses comply with all applicable provisions of this Bylaw. More than one principal nonresidential structure may be erected on a lot when all of the following conditions are met: 1. roved unless its street system assures physical access to each lot without reliance on common driveways. 4.2 OPEN SPACES 4.2.1 Before approval of a plan, the Board may require the Plan to show a park or parks suitably located for playground or recreation purposes or for providing light and air. The park or parks shall be of reasonable size, but generally not less than ten (110%) percent of the area of the land to be subdivided, depending upon the location and quality of the land being set aside. The minimum area acceptable for later public acquisition shall be five (5) acres. The Board may, by appropriate endorsement on the Plan, require that no building be erected upon such park or parks without its approval for a period of three (3) years. All park areas shall have signage designating their use. 4.2.2 Land designated for park or playground purposes shall not include wetlands, ledge, or other land unsuitable for recreation purposes in the minimum area calculation. 4.2.3 Any open space, park or playground shall provide at least fifty (50) feet of continuous frontage on a street. Pedestrian ways will normally be required to provide access from each of the surrounding streets, if any, to which the open space, park, or playground has no frontage. Such parks and/or playgrounds may be required to have maintenance provided for by covenants and agreements acceptable to the Board, until public acquisition is accomplished by the Town, but in no case longer than three (3) years. 4.3 WETLANDS PROTECTION The Wetlands Protection Act, Section 40 of Chapter 131 of the General Laws states, in part, that ""no person shall remove, fill, dredge or after any bank, beach, flat, marsh, meadow or swamp bordering ... on any ... creek, river, stream, pond or lake, or any land under said waters ... without filing written notice of his intention to so remove, fill, dredge or after, including such plans as may be necessary to describe such proposed activity a corners of each lot shall be marked with bounds. Where not coincident with the above, such bounds shall be concrete, not less than three (3) feet long and not less than three (3) inches square, with a 1/2"" drill hole. 4.9.6.3 Monuments shall be installed only after all construction which would disturb them is completed, and shall, have their top flush with final grade surface. 4.9.6.4 The placement and accurate location of these monuments shall be certified by a Registered Land Surveyor. 4.9.7 Street Signs Street signs shall be provided and installed as directed by the Board and approved by the Highway Surveyor. 4.9.7.1 Street Names Proposed streets which are obviously in alignment with other streets already existing and named shall bear the names of such existing streets. No other proposed street shall duplicate the name of an existing street and, all proposed street names shall be approved by the Planning Board. 4.9.8 Cleaning Up The entire area must be cleaned up so as to leave a neat and orderly appearance free from debris and other objectionable materials and without unfilled holes or other artificially created hazards. Undeveloped lots in the subdivision must be free of debris before the Planning Board will recommend acceptance of the streets as public ways. 4.9.9 Easements 4.9.9.1 Easements for fire ponds and utilities across lots or centered on rear or side lot lines shall be provided where necessary and shall be at least twenty (20) feet wide. 4.9.9.2 Where a subdivision is traversed by a water course, drainage way, channel or stream, the Board may require that there be provided a storm water easement or drainage right-of-way of adequate width to conform substantially to the lines of such water courses, drainage way, channel or stream, and to provide for the free flow of water in its natural course, or for the construction of other necessary purposes. 4.10 INDUSTRIAL SUBDIVISIONS 4.10.1 Industrial subdivisions shall comply with all applicable requirements of els may be counted as one floor, provided that the difference in floor levels is less than five feet. GROSS FLOOR AREA : The sum of the gross horizontal areas of the several floors of a building excluding areas used for accessory garage purposes and such basement and cellar areas as are devoted exclusively to uses accessory to the operation of the building. All dimensions shall be taken from the exterior faces of walls, including the exterior faces of enclosed porches. HAMMERHEAD LOT : A lot with reduced frontage and special dimensional requirements, as specified in Section 4.3 of this Bylaw. HOME OCCUPATIONS : An occupation performed within the home, as defined in Section 4.6. HOMEOWNERS ASSOCIATION : A corporation or trust owned or to be owned by the owners of lots or residential units within a tract, which holds the title to land and which is responsible for the costs and maintenance of said land and any facilities to be held in common. HOTEL, MOTEL OR LODGING HOUSE : A building or part thereof or a group of buildings on a single lot providing public accommodations, where space is used for sleeping and appurtenant services by more than four (4) persons as paying guests, regular or transient. LAND USE : The purpose for which land or building is occupied or maintained, arranged, designed or intended. LOT, CORNER : A lot or parcel of land abutting upon two (2) or more streets at their intersection, or upon two (2) parts of the same street having street sidelines or tangents to sidelines forming an interior angle of less than 135 degrees. LOT : A single area of land in one ownership throughout defined by metes and bounds or boundary lines as shown in a recorded deed or on a recorded plan. LOW IMPACT DEVELOPMENT : An option which permits an applicant to build multi-family dwellings on a lot and single-family dwellings on lots with reduced lot area and frontage requirements so as to create a development in which the buildings and accessory uses are clustered together into one or more groups with adjacent common open land. LOW- OR MODERATE INCOME HOUSE Are there restrictions on counting wetlands, sloped land or easements in lot size calculations? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Yes, there are restrictions on counting wetlands, sloped land, or easements in lot size calculations based on the provided zoning bylaw excerpt. Shirley requires that ""At least sixty percent (60%) of the lot area required for minimum lot size zoning compliance, or ten thousand (10,000) square feet, whichever is greater, shall be land exclusive of any resource areas as defined by the Wetland Protection Act."" At least ten thousand (10,000) square feet of this ""land exclusive of any resource areas"" shall be contiguous. " "[INST] Context: ARTICLE 8: DIMENSIONAL REQUIREMENTS Section 8.1. Content of Table of Dimensional Requirements. The regulations controlling lot area per dwelling unit, floor area ratio, building height, maximum ground coverage, landscaped open space and yard requirements in each district except the University District are specified in the Table of Dimensional Requirements (Section 8.5) and other provisions of this section. The regulations with respect to the University District are set forth in Section 8.7. The regulations with respect to the PUD Overlay Districts are set forth in Section 16.5. NOTE: §8.1 was amended by Ordinance 2000-8 on May 25, 2000. Section 8.2. Compliance with Dimensional Requirements. The lot or yard areas required for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the yard, floor area ratio, or parking requirements of this Ordinance; nor may these areas include any property of which the ownership has been transferred subsequent to the effective date of this ordinance if such property was a portion of the area required for compliance with the lot, yard, floor area ratio, parking, or landscape requirements applicable to the lot from which such transfer was made. Section 8.3. Lots in Two Districts. Land in a more restrictive zoning district may supply space for a use permitted in a less restricted zoning district if the use of the land in the more restrictive district satisfies space and passive use requirements that are not prohibited in the more restrictive district. Section 8.4. Lots in Two or More Municipalities. When a lot in single ownership is situated in part in the City of Somerville and in part in an adjacent city or town, the regulations and restrictions of this Ordinance shall be applied to that portion of such lot as lies in the City of Somerville in the same manner as if the entire lot was situated therein. Section 8.5. Table of Dimensional Requirements. NOTE: §8.5 was amended by O landscaped area, preferably trees; said trees may be included in computing any total number of trees required in the landscaped area of a lot per Section 10.3. All plant materials in parking areas shall be kept pruned so as to create not hazard to drivers or pedestrians. Some form of water facility or irrigation should be provided to establish and maintain the plants within the parking lot area. NOTE: §10.4 was amended by Ordinance 1991-10 on August 22,1991. Section 10.5 Screening Requirements. 10.5.1 Areas to be Screened. Within all residential districts, or on any lot in any non-residential district which abuts or faces a lot in a residential district, landscape screening of the following facilities shall be required: a) any outdoor parking lot containing six (6) or more parking spaces, including access drives and maneuvering aisles, b) all loading bays, c) trash collection areas, d) outdoor storage areas of any kind, e) equipment such as utility pedestals, electrical transformers, and the like. 10.5.2. Standards for Screening. Screening shall consist of: a) strips of land at least four feet wide, densely planted with shrubs and/or trees. If the plantings are directly adjacent to a public way, a mixture of plant specimens of less than three (3) feet in height and greater than ten (10) feet in height is recommended (in the latter case, plants able to be pruned or ""limbed up"" to a height of at least six (6) feet), so that there may be visual surveillance through and beyond the screen by vehicles and pedestrians approaching and passing; and/or b) walls and/or fences at least four (4) feet high but no more than six (6) feet in height above finished grade, unless specifically required to be taller under another provision of this Ordinance. Such walls or fences may be opaque or perforated, provided that not more than fifty percent (50%) of the face is open. The design of any such fence or wall directly adjacent to a public way shall allow surveillance through and beyond the fence by vehicles and pedestrians approaching and passing. Use of a combination of screening methods and mi e applied to that portion of such lot as lies in the City of Somerville in the same manner as if the entire lot was situated therein. Section 8.5. Table of Dimensional Requirements. NOTE: §8.5 was amended by Ordinance 2000-8 on May 25, 2000. SECTION 8.5: Table of Dimensional Requirements For Dimensional Requirements in University District, see Section 8.7. The regulations with respect to PUD Overlay Districts are set forth in Section 16.5 ,,,,,DISTRICTS,, ,RA,RB,RC,NB,CBD,BA,BB A Minimum lot size (s.f.),""10,000 (1)"",""7,500 (1)"",""7,500 (1)"",NA,NA,NA,NA B. Minimum lot area/dwelling unit 1-9 units (s.f.),2250,1500,875,875,875,875,875 10 or more units (s.f.),2250,1500,1000,1000,1000,1000,1000 C. Maximum ground coverage (%),50,50,70,80,80,80,80 ""D. Landscaped area, minimum percent of lot"",25,25,25,10,10,10,10 E. Floor area ratio (F.A.R.) (2),0.75,1.0,2.0,2.0,2.0,2.0,2.0 F. Maximum height (3) stories/,2 1/2,3,3,3,4,4, feet,35,40,40,40,50,50,50 (20) ,,,,(18) (19),(20) (21),(20) (21), ,,,,(20) (21),,, G. Minimum front yard (ft) (5a)(5b) (5c)(17),15 (5),15 (5),15,NA,NA,NA,15 H. Minimum side yards (ft) (5b)( (6),(7)(8),(7)(8),(7)(8),NA(12),NA(12),NA(12),NA(12) (10)(17),(9)(11),(9) (11),(9) (11),,,, I. Minimum rear yards (ft) (5b) (13) (14)(15)(17),20,20,20,""NB, CBD, districts: 10 2 feet for above the (also see"",""BA, and BB feet, plus each story ground floor footnote 12)"",, J. Minimum frontage (ft),50 (16),50 (16),50 (16),NA,NA,NA,NA (#) = See footnotes in Section 8.6. NA = Not Applicable DISTRICT S ,BPA,IA,,IP,IPA,OS,Note: Lettering system added to Sec. 8.5. A Minimum lot size (s.f.),""10,000"",NA,NA,""10,000"",""10,000"",NA,by Ord. 1991-10 on 8/22/91. B. Minimum lot area/dwelling unit 1-9 units (s.f.),875,875,NA,875,NA,NA,Sec. 8.5.B. amended by 10 or more units (s.f.),1000,1000,NA,1000,NA,NA,Ord. 1991-10 on 8/22/91. C. Maximum ground coverage (%),65,80,80,65,65,30, ""D. Landscaped area, minimum percent of lot"",20,10,10,10,10,5,Sec. 8.5.D. amended by Ord. 1991-10 as well as color, size, and type of landscaped surface materials; 11. measures taken to preserve and protect natural resources; 12. outdoor lighting, including location and intensity of lighting facilities; 13. dimensions and locations of signs, proposed and existing; 14. location and significance of historic structures; 15. method for handling solid waste disposal, and for screening of disposal facilities; 16. description and location of all proposed mechanical and electrical system components, including exhaust and ventilation system, transformers, and satellite dishes; 17. locations of and adequacy Q existing and proposed on-site public utilities, facilities, and conditions (water, sewerage, and drainage), showing size and direction of flows; 18. demolition and construction procedures including impact mitigation measures; an estimate of the time period required for completion of the development; 19. a traffic study including estimated peak hour traffic volumes generated by the proposed use in relation to existing volumes and projected future conditions or, if the project is 25,000 square feet or more, a traffic impact analysis which is prepared by a professional traffic engineer; 20. general summary of existing and proposed easements or other burdens now existing or to be placed on the property; 21. wetlands, ponds, and surface water bodies, as defined under the Wetlands Protection Act, M.G.L. Chapter 131, Section 40, and rules promulgated thereunder, 310 C.M.R. 10.00; 22. photographs of at least eight (8) by ten (10) inches, showing the development site and surrounding parcels; 23. names and addresses of all property owners within three hundred (300) feet of site boundaries; and NOTE:§5.2.3.23 was amended by Ordinance 1991-1 on January 10, 1991. 24. such other information as will aid the SPGA in judging the application and in determining special conditions and safeguards, and as the SPGA should deem necessary, in its determination of completeness of said application as provided in Section 5.3.1 and the SPGA Rules and Regulation nits (s.f.),1000,1000,NA,1000,NA,NA,Ord. 1991-10 on 8/22/91. C. Maximum ground coverage (%),65,80,80,65,65,30, ""D. Landscaped area, minimum percent of lot"",20,10,10,10,10,5,Sec. 8.5.D. amended by Ord. 1991-10 on 8/22/91. E. Floor area ratio (F.A.R.) (2),2.0,2.0,2.0,1.5,1.5,0.3, F. Maximum height (3) stories/,,,,3 (4),,2 1/2, feet,50 (20),50 (20),50 (20),45 (4)(20),50 (20),35, G. Minimum front yard (ft) (5a)(5b) (5c)(17),20,NA,NA,15,20,NA, H. Minimum side yards (ft) (5b)(6) (10)(17),20(12),NA(12),NA(12),NA(12),15(12),(7), I. Minimum rear yards (ft) (5b)(13),20(12),NA(12),NA(12),15(12),15(12),15(12), (14)(15) (17),,,,,,, J. Minimum frontage (ft),NA,NA,NA,NA,NA,NA, (#) = See footnotes in Section 8.6. NA = Not Applicable Section 8.6. Footnotes to Section 8.5. 1. Minimum Lot Size: These minimum lot size requirements apply pursuant to the provisions of MGL Chapter 40A, Section 6. No increased nonconformity of lot size shall be permitted as result of further division of the lot. NOTE: §8.6.1 was amended by Ordinance 1991-10 on August 22, 1991. 2. Floor area ratio: See definitions in Article 2 for floor area and floor area ratio. 3. Height: The provisions of this Ordinance governing height of buildings shall not apply to church spires, belfries, cupolas, domes, monuments, observation towers, sky lights, flag poles, ventilators, and penthouses housing mechanical equipment or other architectural elements normally built above the roof and not devoted to human occupancy. These provisions shall apply to aerials, antennas, and satellite dishes. When height is expressed in both stories and feet, the specified number of stories is allowed up to the maximum number of specified feet. The maximum height shall apply unless in an overlay district which allows additional height as specified in Article 6 or unless reference is made to provisions of a footnote in this Section 8.6. NOTE: §8.6.3 was amended by Ordinance 1997-6 on November 13, 1997 and Ordinance 2002-7on Are there restrictions on counting wetlands, sloped land or easements in lot size calculations? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] No, There are no mentions of any restrictions on counting wetlands, sloped land or easements in lot size calculations in the excerpt, which leads me to conclude that the answer is ""No.""" "[INST] Context: sketch plan showing the total number of lots which could be obtained by utilizing a conventional grid subdivision. The plan shall show all wetlands along the potential sites for home; and if individual septic systems and/or wells for drinking water would be necessary to serve the homes, then also the location of subsurface sewage disposal system and/or well on each lot. Where available, medium intensity soil survey maps, such as those available from the USDA Natural Resource Conservation Service, shall be provided. Furthermore, the SPGA may require the applicant to provide or pay for the creation of more detailed, high-intensity maps, or other data, if there is any indication of ledge, shallow soils, or other indication that the lots shown on the conventional plan may not be buildable as a practical matter. The applicant shall also provide financial data, based on the known data, including current housing prices and reasonable inflation and population projections, demonstrating that the conventional subdivision is financially viable, and could be completed and sold within the same time frame planned for the open space proposal. [Amended 5-2-2000 ATM by Arts. 38 and 39] (b) Data proving that adequate provision for sanitary sewage can be provided to each lot in the conventional subdivision. .If individual septic systems would be necessary to serve the homes, then the following data must be included: [Added 5-2-2000 ATM by Art. 38] (2) Density regulations. The Planning Board may grant a reduction on all density regulations of the underlying zoning regulations for all portions of an OSPD, with the exception of height and front, side and rear yard setbacks, if the Planning . Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with these regulations provided that in no instance shall any lot deviate from the following table of minimum requirements: Table of Minimum Requirements Zoning District RA, RB ,With Town Water,Without 1. Town Water Min et. (g) Scale. (h) Legend. (i) The name(s) if the record owner(s). (j) The name of the applicant, if different from the record owner. (k) The name of the designer, engineer or surveyor. (l) The names of all abutters, as determined from the most recent tax list. (m) Existing and proposed lines of streets, ways, easements (including rights-of-way, covenants or other restrictions) and any public areas, in a general manner. (n) The proposed system of drainage, including adjacent existing natural waterways, in a general manner. (o) Existing and proposed boundary lines. (p) Approximate areas and dimensions of all lots shown. For the purpose of this item, ""area"" is ""lot area"" as defined in the Townsend Zoning Bylaw. To facilitate this calculation on properties containing bodies of water or other areas excluded by the Bylaw from lot area calculations, applicants are encouraged to show gross area and the area of any bodies of water, in addition to the lot area. (q) The names, approximate location and widths of adjacent streets. (r) The topography of the land in a general manner. This shall include existing walls, fences, monuments, buildings, wooded areas, outcroppings, ditches, swamps, water bodies and natural waterways. (s) The zoning classification of the land; including any zoning boundaries. (2) No street may be labeled a ""public way"" unless accompanied by such evidence, based on a review of the Town's records, that will demonstrate that the way is legally a public way. The use of the phrase ""public way"" on maps or plans, whether or not such plans have been filed at a Registry, does not by itself constitute adequate evidence. (3) All plans shall be drawn to a scale of one inch equals 40 feet. However, it is the policy of the Planning Board to waive this requirement, without written request, whenever the scale is increased for the purpose of allowing Water Minimum lot area,""48,000 sq. ft."",""80,000 sq. ft."" Minimum lot frontage,35 ft.,35 ft. (3) Development standards. Prior to the issuance of a special permit for an OSMD, the applicant shall submit the information necessary to demonstrate that the following development standards have been met: (a) The development will not cause unreasonable traffic congestion or unsafe conditions both within and outside of the development and will comply with Town standards for parking, access, road design and construction. (b) The development will provide for and maintain convenient and safe emergency vehicle access building and structures at all times. (c) The nature of the soils and subsoils shall be suited for the intended purposes. This determination shall focus upon, but shall not be limited to, the location, design and construction of roadways, buildings, septic systems and surface water drainage systems. Soil borings or test pits may be made to provide information on soil texture, color, percolation rates and depth to the groundwater table at its maximum elevation. (d) Anticipated stormwater runoff from the site shall not exceed peak runoff from the site prior to development. The applicant shall submit formal drainage calculations by a registered professional engineer for this purpose. (e) Proper soil erosion and sedimentation control measures shall be employed to minimize sedimentation and siltation of existing surface water bodies and wetlands. In areas where the land slopes downward toward any surface water body, or freshwater wetland, proposed filling, cutting, clearing, or grading shall be minimized and all such development activities shall be carried out in such a way as to retain the natural vegetation and topography wherever possible. The Planning Board may require that an erosion and sedimentation control plan be submitted if significant erosion is anticipated in slope areas. (f) The site design shall preserve and, where possible, enhance the natural features of the property, including scenic views, by adapting the location and placement of st ions provided that in no instance shall any lot deviate from the following table of minimum requirements: Table of Minimum Requirements Zoning District RA, RB ,With Town Water,Without 1. Town Water Minimum lot area,""20,000 sq. ft."",""48,000 sq. ft."" Minimum lot frontage,50 ft.,120 ft. (3) Frontage requirements. Frontage requirements for lots on the arc of the curve at the end of so called ""cul de sacs"" may be reduced to no less than 25% of the required minimum for the zoning district as established in Article VII of the bylaw. [Amended 4-27-1991 STM by Art. 10] (4) Development standards. Prior to the issuance of a special permit for an OSPD, the applicant shall submit the information necessary to demonstrate that the following development standards have been met. (a) The development will not cause unreasonable traffic congestion or unsafe conditions both within and outside of the development and will comply with Town standards for parking, access, road design and construction. (b) The development will provide for and maintain convenient and safe emergency vehicle access to all buildings and structures at all times. (c) The nature of the soils and subsoils shall be suited for the intended purposes. This determination shall focus upon, but shall not be limited to the location, design and construction of roadways, buildings, septic systems and surface water drainage systems. Soil bores or test pits may be made to provide information on soil texture, color, percolation rates and depth to the groundwater table at its maximum elevation. (d) Anticipated stormwater runoff from the site shall not exceed peak runoff from the site prior to development. The applicant shall submit formal drainage calculations by a registered professional engineer for this purpose. (e) Proper soil erosion acid sedimentation control measures shall be employed to minimize sedimentation and siltation of existing surface water bodies and wetlands. In areas where the land slopes downward towards any surface water body, or freshw Land Space Requirements Table [Amended 3-17-1987 STM by Art. 42; 5-18-1987 STM by Art. 23; 1-17-1989 STM by Arts. 32 and 33; 11-3-1993 STM by Art. 1) Residence ,,Minimum Lot Area Per,,,Minimum Yard,Depth,Building,Maximum,Height,Maximum ,Minimum,Additional,Minimum Lot Frontage,(2),(3),(4),,Stories-Feet,,% of Lot Zoning District,Lot Area,Dwelling Unit,(1) (2),Front,Rear,Side,(3),(4),(6),Coverage RA (8),3 acres,3 acres (4),200 (4),50',15,15',2 1/2,-,35',25% RB (9),2 acres,2 acres (4),200 (4),50',15',15',2 1/2,-,35',25% Commercial (10) ,,Minimum Lot Area Per,,,Minimum Yard,Depth,Building,Maximum,Height,Maximum ,Minimum,Additional,Minimum Lot Frontage,(2),(3),(4),,Stories-Feet,,% of Lot Zoning District,Lot Area,Dwelling Unit,(1) (2),Front,Rear,Side,(3),(4),(6),Coverage OCD,""15,000 s.f."",,75',30',10',15' (5),2 1/2,-,35',50% DCD,""15,000 s.f."",,,30',10',15' (5),2 1/2,-,35',50% NCD,""15,000 s.f."",,,30',10',15' (5),2 1/2,-,35',50% Industrial,""45,000 s.f."",,200,60',50',50',2,-,35',25% Floodplain (7),,,,,,,,,, Wetlands,,,,,,,,,, (1) Not less than the minimum frontage distance shall be maintained as the minimum lot width throughout the front yard depth. (2) On lots abutting streets on more than one side, the front yard requirements shall apply to each of the abutting streets. (3) These heights restrictions shall not apply to chimneys, water towers. skylights and other necessary features appurtenant to buildings which are usually carried above roofs and are not used for human occupancy nor to wireless or broadcasting towers and other like unenclosed structures. (4) See Article LX regarding motels and apartments. (5) Except no requirement when the side of a building abuts another building. (6) Height restrictions may not be waived for office buildings and department stores. (7) Floodplain restrictions are set forth in 145-45. (8) Residential A District: (9) Residential B District: (10) All commercial districts (OCD; DCD; NCD): Are there restrictions on counting wetlands, sloped land or easements in lot size calculations? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know, How Townsend calculates its lot areas for minimum zoning requirements is not discussed in the provided excerpt. Therefore, the answer is ""I don't know."" " "[INST] Context: SECTION 4 DIMENSIONAL REQUIREMENTS 4.1 Basic requirements Except as otherwise provided in the General Laws, Chapter 40A, Section 5A and Section 7A, any lot used for dwelling purposes shall meet the requirements of Section 4.2. A. The frontage of a lot shall be measured as the straight line distance between the points of intersection of the side lot lines and the street line. B. On all corner lots the required front yard dimensions shall apply from both street lines. The required side yard dimension shall apply from all other lot lines. In all cases one street line shall be accepted as the front street line for the measurement of another frontage. C. The minimum front yard dimensions required in the following schedule are to be measured from the street line where a plan for the street is on file with the Registry of Deeds, or in absence of such plan, from a line twenty-five feet (25') from and parallel with the apparent centerline of the traveled way or street. D. The direction of side lot lines shall be as close as possible to perpendicular to the street line or to its tangent at the point of intersection of the side lot line. In no case shall the direction of the side lot line form an angle of less than 75 degrees with the street line or the aforesaid tangent. *48 This angle must be maintained for a distance of at least 25 feet. E. The minimum lot width, which is the shortest distance between side lot lines, when measured anywhere between the lot frontage and the existing or proposed main building on the lot, shall not be less than the required minimum lot frontage. 4.2 Schedule of Dimensional Requirements District,(sq. ft.),(ft.),Front,Side,Rear Single Residence,""40,000 *7"",120,25,10,10 General Residence,""40,000 *7"",120,25,10,10 Business,1 acre,150,10,10,10 Industrial,5 acres,150,50,10,10 Aquifer Protection,""50,000 * 13"",150,25,10,10 **Webmasters Note: The previous chart has been amended as per an update approved at a town meeting held on 5/20/02. A. This shall not prevent the construction or placing of a dwelling or any other structure allowed by these by-laws in that district, on any lot not satisfying the foregoing minimum requirements, pro thereof, including setbacks and other dimensional requirements set forth in the West Boylston Zoning Bylaw (Consult Section IV.B.5) ( ) The location and boundaries of any land subject to the protections of the Wetlands Protection Act, c.131, Section 40, as amended by the Rivers Protection Act, St. 1996, c.258, or the Watershed Protection Act, St. 1992, c.36, codified at M.G.L. c.92, Sections 104, 107A, 108, 113 and 113A (Consult Section IV.B.6) ( ) The location of all significant, permanent, existing or proposed property features (Consult Section IV.B.7) ( ) Existing and proposed boundaries of Streets, ways, and any public or common areas within the proposed subdivision (Consult Section IV.B.8)v ( ) The names, location, and present widths of all streets within 500 feet of the proposed subdivision (Consult Section IV.B.9) ( )Proposed lot lines with the proposed subdivision with approximate areas, frontage and dimensions of and a number on each lot (Consult Section IV.B.10) ( ) Evidence that each lot on the plan, or altered by it, will have the requisite area and frontage required by the West Boylston Zoning Bylaw (Consult Section IV.B.11) ( ) The size and location of existing and proposed water main, sewer lines, storm drains and appurtenant facilities for water, sewer and other municipal services within or in the vicinity of the proposed subdivision (Consult Section IV.B.12) ( ) Existing and proposed drainage systems within or in the vicinity of the proposed subdivision (Consult Section IV.B.13) ( ) Frontage and area of any remaining adjoining land owned by the Applicant (Consult Section IV.B.14) ( ) Suitable space to record the action of the Planning Board and the signature of the members of the Planning Board (Consult Section IV.B.15) ( ) A sketch plan showing a possible or prospective street layout for such adjacent land shall accompany the Preliminary Plan (only necessary if the Applicant owns or controls unsubdivided land adjacent to the property shown on the Preliminary Plan. This sketch per slope construction if and when the road is built. The slope easements shall accompany the easement for future roadway and utility construction of the road area. 7. Temporary construction easements shall be shown on all lots adjacent to the proposed roadways to allow for construction of backslopes from the road onto the lots. The easements shall extend a minimum of 10 feet into each lot, or a greater distance if required by the proposed construction. The easements shall terminate upon acceptance of the street by the town. I. OPEN SPACES Before approval of a Preliminary or Definitive Plan, the Planning Board shall, in proper cases, require the plan to show a park or parks suitably located for playground or recreation purposes or for providing light and air. The park or parks shall not be unreasonable in area in relation to the area of the property proposed to be subdivided and to the prospective uses of such property. Such parks shall be provided with appropriate frontage on a street and pedestrian ways from each of the surrounding streets. The Planning Board may, by appropriate endorsement on the plan, require that no building be erected within the boundaries of such park or parks for up to 3 years without its approval. J. PROTECTION OF NATURAL FEATURES 1. Due regard shall be shown for all natural features, such as large trees, archaeologic sites, water courses, historic sites, scenic points, and similar community assets, which, if preserved, will add attractiveness and value to the subdivision. 2. Every subdivision shall comply with the requirements of the Wetlands Protection Act, M.G.L c. 131, Section 40, the regulation issued thereunder. If design changes are required as the result of an action or decision of the Conservation Commission pursuant to such provisions, the Applicant shall promptly notify the Planning Board. The Planning Board may condition its approval of the plan upon the issuance of an Order of Conditions by the Conservation Commission. 3. The Tree Warden shall be consulted before any trees am removed. K. EARTH REMOVAL Where earth removal i anning Board as to the following enumerated lots show on Plan, entitled________________________________ recorded with said Deeds at Plan Book_________ Plan________ (or registered in said Land Registry District at Plan Book_______ Plan________) and said lots are hereby released from the restrictions as to sale and building specified thereon. Lots designed on said Plan as follows: _____________________________________________________________________ _____________________________________________________________________ ____________________________________ ____________________________________ Majority of the Planning Board ____________________________________ of the Town of West Boylston ____________________________________ ____________________________________ COMMONWEALTH OF MASSACHUSETTS ________________, ss. _________________________ date Then personally appeared________________________ one of the above-named members of the West Boylston Planning Board, and acknowledged the foregoing instrument to be the free act and deed of said Planning Board, before me, _____________________________ Notary Public My Commission expires:________________ FORM J ABUTTERS LIST Two copies of this form must be included with Form B. The list of abutters must be checked by the Board of Assessors before being submitted to the Planning Board. (Consult Sections IV.A.1.c,V.A.1.d) West Boylston Planning Board date________________ To the Planning Board: The undersigned, believing that the following list of names includes all abutters to the subdivision named below, including property owners across roads from the subdivision, has checked this list with the Clerk of the Board of Assessors. Name of Abutter Mailing Address of Abutter _____________________________ ___________________________________ _____________________________ ___________________________________ _____________________________ ___________________________________ _______________ ons shall be made to protect against erosion and shock. 14. A drop pipe should be provided for a sewer entering a manhole at an elevation above the manhole invert (see Plate 10). H. EASEMENTS 1. Easements for utilities across lots or along rear or side lot lines, shall be provided where necessary, and shall be at least 20 feet wide, and accessible by maintenance vehicles 2. Where a subdivision is traversed by a water course, drainage way, channel or stream, the Planning Board shall require the Applicant to provide a stormwater easement or drainage right-of-way of adequate width to conform substantially to the lines of such water course, drainage way, channel or stream, and to provide for construction, or other necessary purposes, In the absence of engineering or physical evidence as to the extent of the drainage way, an easement shall be required encompassing 30 feet from either side of the center line of any perennial stream and 15 feet from either side of the center line of an intermittent stream. 3. In order to secure adequate provision for water, sewerage, drainage, and other requirements where necessary in the subdivision, all water courses, drainage ways, channels, and streams shall be unobstructed and free from debris. 4. Easements for drainage, across lots, usually along rear or side lot lines, shall be provided where necessary, and shall be at least 20 feet wide. Such easements shall be of adequate width to provide for the construction of such drainage and for the proper maintenance thereof. 5. All lines of all easements will be calculated and described on the subdivision plan with a bearing and a distance. 6. If on the Preliminary or Definitive Plan an area is left for possible future construction of a road to back or adjacent land, a minimum of a 10-foot wide slope easement shall be shown on all lots abutting such road area, to enable proper slope construction if and when the road is built. The slope easements shall accompany the easement for future roadway and utility construction of the road area. 7. Temporary construction easements sha Are there restrictions on counting wetlands, sloped land or easements in lot size calculations? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] No, There are no mentions of any restrictions on counting wetlands, sloped land or easements in lot size calculations in the excerpt, which leads me to conclude that the answer is ""No."" This is because the excerpt is a comprehensive of West Boylston's dimensional requirements for lots. " "[INST] Context: o the Wetlands Protection Act and minus twenty-five (25) percent of the lot, by the minimum lot size. Gross Sq. Footage Ch. 131 Land 25% of site ________________________________________________ Minimum Lot Size 2. The single family units may be attached, detached or a combination of both as permitted in the underlying zone. Each unit must have private/direct entries and yard areas immediately adjacent to the unit for the private use of the unit occupants. 3. The entire site shall be designed to and shall remain in one ownership and shall be developed and maintained as a unit, excepting for units, private yards and other similarly designated spaces for private use and/or ownership. The Planning Board shall determine that the design and ownership scheme assures unified control and maintenance of all land not so individually owned. 4. Unit placement and configuration shall be guided by the characteristics of the site, proposed structures and nature of the existing built environment in the area of the proposed cluster subdivision. 5. A maximum of forty (40%) of the site may be impervious surface. 6. At least (40) forty percent of the net site (calculated as the gross area minus the area dedicated to roadway) must be permanently committed as open space. The designated open space must be accessible and capable of being used. it cannot be constituted only of ""unbuildable land"". Where density bonuses are given, the open space requirement may be proportionally decreased to thirty-five (35) percent of the net site. Such open land shall either be conveyed to the City and accepted by it for park or open space use or be conveyed to a non-profit organization the principal purpose of which is the conservation of open space or to be conveyed to a corporation or trust owned or to be owned by the owners of lots or residential units within the development. if such a corporation or trust is utilized, ownership thereof shall pass with conveyance t limitation imposed by the abutting zoning district nearest to the structure to be built. 4. Due to State mandates under Chapter 30A, Section 3 and other judicial decisions and not withstanding any provisions of the contrary, any group home for mentally and physically disabled persons shall meet all of the dimensional requirements of a single family dwelling. C. All earth placing, filling or dumping incidental to the activities in Section 5-1(A) shall have finished slopes at no greater than two and one half to one (2.5:1) without providing some form of slope protection or retaining walls. Any slope protection method or retaining wall shall receive the approval of the Code Director or DPW Commissioner, as applicable, prior to its installation. The Code Director or DPW Commissioner, as applicable, may require certification by a registered professional engineer of such protection prior to the issuance of any building permit. D. All other earth placing, filling or dumping, including snow and ice, shall be permitted only upon grant of a special permit from the Zoning Board of Appeals. The Zoning Board of Appeals may issue a special permit for the placing, filling or dumping of earth or other material, including ice and snow, after a report by the Commissioner of Public Health and the Conservation Commission subject to the following conditions: (1) Establishment of a time period to complete the filling operations but not more than two (2) years. (2) Not more than two (2) entrances-exits shall be allowed onto any one street. (3) At all stages of operations, proper drainage shall be provided to prevent the collection and stagnation of water and to prevent harmful effects upon surrounding properties. During construction or filling operations on sites adjacent to or where drainage and runoff will enter any natural stream, pond or culvert connected thereto, a berm will be constructed between the stream or pond and the construction site, with drainage channeled through a settling pool or catch basin to trap silt prior to entering the water body. If, when complete, the s cts they may not be erected closer to any lot line than one-third (1/3) of the height of the structure above grade at that point on the lot line nearest to such structure. 9. A campus or a contiguous area of land may be considered as one lot and under one ownership for the purposes of compliance with the dimensional parking, loading and other requirements of this Ordinance where there is management, lease or ownership control that will provide evidence sufficient in the opinion of the Code Director that a grouping of contiguous tracts of real estate is designed, constructed and will continue to be operated and maintained as a single unit in accordance with an agreement executed by all parties having an -interest in the parcel of land which agreement will be filed with the Code Director and recorded in the Worcester County Registry of Deeds as part of the deed for each element of the tract. 10. Provided it is not otherwise nonconforming, where a lot or structure is reduced by a taking by eminent domain to a size not in conformity with the dimensional requirements of this ordinance, said use shall not be deemed nonconforming by reason thereof, and shall be treated as a dimensionally conforming use under this ordinance. 11. For each foot by which a recorded lot in existence on the effective date of this ordinance is narrower than the required width or narrower than fifty (50) feet where no minimum frontage is required, three (3) inches may be deducted from the required side yard setback provided that no side yard setback be less than seven (7) feet where a side setback is required by this Ordinance. For each foot by which a recorded lot in existence on the effective date of this ordinance is less than one hundred (100) feet deep, one (1) foot may be deducted from the required rear yard set back provided that no rear yard setback may be less than ten (10) feet. 12. In districts of a 2.0 or greater floor area ratio, where a rear lot line abuts a public street, private street or way at least ten (10) feet wide, no rear setback is required. Section 5 Nonconforming Uses and Buildings 1. Unlawful Uses A land use, building or structure not in c m will be constructed between the stream or pond and the construction site, with drainage channeled through a settling pool or catch basin to trap silt prior to entering the water body. If, when complete, the site is to be paved, all drainage shall be channeled through and approved catch basin before entering the water body. (4) During the period of placing, filling or dumping, all necessary precautions shall be taken as deemed necessary by the Zoning Board of Appeals for the protection of pedestrians and vehicles. (5) When the placing, filling and/or dumping of earth are completed, the area is to be graded so that no finish grade shall be steeper than a slope of 2.5 horizontal to 1 vertical. (6) A layer of arable topsoil of a quality approved by the Code Director shall be spread over the clean fill to a minimum of four (4) inches in accordance with the approved contour plan. The area shall be seeded with a suitable cover crop and maintained until the area is stabilized and approved by the Code Director. (7) All necessary precautions shall be taken to protect against any damage being done to surrounding land and to ensure that no dangerous conditions are created after completion. (8) Prior to any placing, filling or dumping of earth, site plans shall be submitted to the Zoning Board of Appeals containing the following: a. Existing and proposed contours at intervals of two feet. b. Estimated volume of earth to be dumped. c. Proposed truck access to the excavation. d. Names of abutters. The Zoning Board of Appeals shall make a finding of approval, approval with conditions or disapproval. Any finding shall be in writing and shall be directed to one (1) or more of the standards provided above. 2. Earth Excavation A. The removal of earth, including soil, loam, sand, gravel, clay, stone, quarried rock or other subsurface products except water, is permitted in all districts if such material is entirely incidental to: (1) The construction of any structure for which a building permit has been issued which specifies nature and extent of s pt water, is permitted in all districts if such material is entirely incidental to: (1) The construction of any structure for which a building permit has been issued which specifies nature and extent of such earth removal. (2) The construction of ways within subdivisions and 'more than one (1) building on a lot"" projects which have been approved by the Planning Board. (3) Utility construction in public and private ways and private property. (4) The routine landscaping (not including significant changes in topography) of a lot with a one (1) or two (2) family residence thereon by the owner thereof, so long as the existing topography of the parcel in no location exceeds a 15% grade. (5) The construction of parking lots as approved under Article IV, Section 7. B. During construction for any of the activities in Section 5-2(A), all disturbed areas of land shall have erosion control for the protection of adjacent properties. Erosion control methods shall be approved by the Code Director or the DPW Commissioner, as applicable, and shall be installed prior to construction. The Code Director or DPW Commissioner, as applicable, may require certification by a registered professional engineer of the erosion control methods prior to the issuance of any building permit. C. Any earth removal incidental to the activities in Section 5-2(A) shall have finished slopes of no greater than two and one half to one (2.5:1) without providing some form of slope protection or retaining wall. Any slope protection method or retaining wall shall receive the approval of the Code Director or DPW Commissioner, as applicable, prior to its installation. The Code Director or DPW Commissioner, as applicable, may require certification by a registered professional engineer of slope protection prior to the issuance of any building permit. D. All other earth removal shall be permitted only upon grant of a special permit from the Zoning Board of Appeals. The Zoning Board of Appeals may issue a special permit for removal of earth after a report by the Commissioner of Public Health and Are there restrictions on counting wetlands, sloped land or easements in lot size calculations? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know. , The provided excerpt appears to mention a Wetlands Protection Act restriction on gross square footage, but it is only a partial excerpt. It cannot be parsed what the restriction is, only that there appears to be one. Therefore, the answer is ""I don't know."" " "[INST] Context: e (25) % maximum. 3. Dwelling Lot Coverage (density) - twenty-five (25) % maximum. 4. Floor Area Ratio - 0.5 maximum. 5. Distance between common use buildings/structures - thirty (30) feet. 6. Additional Parking Provisions - in addition to individual dwelling unit parking requirements addressed, supra, within the development, separated and screened from the majority of dwelling units, there shall be provided an additional paved and lined parking area, equivalent to twenty (20) % of that which is provided for dwelling units, for the longer-term parking and storage of recreation-type vehicles, not used on a daily basis; such area may additionally serve to accommodate overflow guest parking and may be located within any qualifying open space along the perimeter of the development. 7. The right-of-way network shall be so designed and constructed as not to allow vehicular traffic throughout the development from neighboring parcels or streets. Road signs shall be posted to indicate ""NOT A THRU STREET,"" or other appropriate wording, to temper unnecessary intrusion of off-site traffic. 8. Paved sidewalks shall be located and constructed to the bounds of the development from interior roadways to provide pedestrian access to neighboring streets and abutting parcels, if practical, as determined by the Planning Board. 9. Along the perimeter of the development parcel, for a depth of thirty (30) feet minimum, landscape greenery or other buffering/screening method(s), in place at the time of development, which can serve to obstruct the view of adjacent land use properties from one another, shall remain undisturbed; except for underbrush clearing and general maintenance. If such existing buffering/screening is deemed insufficient it shall be supplemented, as determined by the Planning Board. 10. Rights-of-way, driveways and sidewalks within the development shall meet such width, grades, radius of curvature and construction standards as required by the Planning Board Subdivision Rules and Regulations red (300) feet or one hundred fifty (150) feet if abutting other premises developed for multifamily use. 3. Front, side and rear yards shall be not less than fifty (50) feet, except that no multifamily structure or parking area serving a multifamily structure shall be less than three hundred (300) feet from any existing public street or less than two hundred (200) feet from any other premises not zoned RM. 4. Within the three-hundred-foot street setback, there shall be no development, except for access drives essentially perpendicular to the street, and no removal of trees having trunk diameter of six (6) inches or greater, except as essential for access and safe visibility for egressing vehicles and to remove unhealthy trees. 5. Required yards abutting a public way and required side and rear yards shall be maintained or landscaped so as to provide a dense planting of trees and shrubs with an effective height of at least six (6) feet. 6. Building height shall not exceed twenty-eight (28) feet. No building shall exceed two (2) stories in height. 7.5.8 Building Design. 1. Each building entrance shall give access to no more than two (2) dwelling units. 2. No floor except an unoccupied basement shall be below grade at its entire perimeter. 3. No structure shall contain more than twelve (12) dwelling units. 7.5.9 Decision. In considering approval of a special permit, the Zoning Board of Appeals shall seek an advisory from the Planning Board or its designated agent on the advisability of reducing lot area to seventy-five percent (75%) of that otherwise required herein for any development sponsored by a public agency, nonprofit, limited dividend organization or cooperative in which forty percent (40%) or more of the dwelling units are to be subsidized for people of low or moderate income under programs regulated and financially assisted by agencies of the government of the United States or of the Commonwealth of Massachusetts under programs for that purpose. The special permit shall . 9. Rear Yard. The minimum rear yard within any development component parcel shall be thirty (30) feet. Notwithstanding anything to the contrary contained herein in no event shall Dwelling, Multifamily, For Rent; Age Restricted, Multifamily; Age Restricted, Detached, or Age Restricted, Attached with a height in excess of two (2) stories above grade (3 stories at the rear of the building if the slope of the land permits) be located within 200 feet of the property line of the residential properties which abut Area F and which are outside the Rail Transit District (RTD). 10. Lot Coverage. The maximum development coverage in a Rail Transit District (RTD) shall not result in aggregate Open Space being less than 30%. Such lot coverage restriction may be waived if appropriate and in keeping with reasonable land uses as determined by the Planning Board when considering Site Plan Review Criteria. 11. Building/Structure Height. Except as otherwise specifically provided herein, the maximum height of any Dwelling Multifamily, For Rent structure) in a Rail Transit District (RTD) shall be three (3) stories above grade (four stories at the rear of the building if the slope of the land permits) and the maximum height of any Age Restricted, Attached, Age Restricted, Detached, and Age Restricted, Multifamily building and any accessory structure related to such age restricted dwelling building shall not exceed two (2) stories above grade (three stories at the rear of the building if the slope of the land permits). The maximum height of any commercial building permitted in a Rail Transit District (RTD) shall be thirty (30) feet. The maximum height may be increased to fifty (50) feet within the Rail Transit District (RTD) upon the grant of a Special Permit and in accordance with the State Building Code. 8.4.8 Buffering and Screening. In order to obstruct the view of adjacent land use parcels outside of the Rail Transit District (RTD), within a distance of fifty (50) feet, minimum, of side and rear yard boundaries, in place landscape greenery or other screening method(s) exist rea."" 4. Setbacks and Yard Regulations for Buildings. 1. Following are the setback requirements: a. Required front setback distance: no minimum and no maximum. b. Required side yard width: 10 feet minimum. c. Required rear yard depth: Minimum 15 feet 5. Display/Storage. No storage or permanent display of goods, products, materials or equipment, vending machines or similar commercial devices shall be located nearer to the line of any street than the permitted setback distance for a building on the lot. 6. Height Regulations. Building heights up to five (5) stories are allowed in the PSMUOD, and, as a development incentive, the SPGA may allow buildings higher than five (5) stories if the developer can demonstrate to the SPGA's satisfaction, that the increased height is in keeping with the purpose of the bylaw. 7. Common Open Land. 1. The developer is encouraged to have Common Open Land for use by the general public. The Common Open Land shall have a shape, dimension, character and location suitable to assure its use for park or open space purposes by the general public. 2. The SPGA may permit a density bonus of one (1) dwelling unit per 2,000 sf of Common Open Land provided the area of Common Open Land shall equal at least ten (10) percent of the total parcel area. 3. Any required takings for Right of Way (ROW) improvements including sidewalks along a public street, will not impact the minimum required ""buildable lot area"" for the development and may be included in the Common Open Land calculation if said land is transferred to the Town or State, as appropriate, free of charge. 7.0 Affordable Housing. 1. As a condition of the grant of any special permit in the PSMUOD creating more than ten (10) residential units, a minimum of the following total number of dwelling units shall be restricted as affordable for a period of not less that ninety-nine (99) years. Fractions of .49 or less shall be rounded down and .50 or more rounded up. The form of the ninety-nine year restriction shall be approved by legal counsel to the SPGA, and a rig wo-family dwellings. 5. In the CN District, access to the rear of the lot shall be via 16' drives. 6. In the CH, CD, and CV Districts: for single-family dwellings not connected to municipal water and sewer, increase minimum lot area by 50%; for two-family dwellings not connected to municipal water and sewer, increase minimum lot area by an additional 50%. 7. In the CN District, lot coverage by buildings shall not exceed 15%. 8. In the CO District, lot coverage by buildings shall not exceed 30% and minimum building separation shall be 20 feet. 9. In the CO District, the front, side and rear setback for office use shall be increased to 60' when all or any part of the front, side or rear yard includes the 100 foot buffer area provided for herein being a separate landscape buffer area along the northern edge of the zoning district, running easterly from a point on Chestnut Street, adjacent to land now or formerly of Frank Summers, a distance of 63.82 feet, and then running northerly along said land of Frank Summers a distance of 110 feet, and then running easterly along the northern boundary of the zoning district perpendicular to Mount View Drive, a distance of 566.31 feet, (the ""Northernmost Zone Line""). 10. In the CO District, the Front, Side and Rear Setbacks for Parking and Signs shall be increased to 100 feet when all or any part of the front, side, or rear yard includes the 100 foot buffer area provided for herein being a separate landscape buffer area along the northern edge of the zoning district, running easterly from a point on Chestnut Street, adjacent to land now or formerly of Frank Summers, a distance of 63.82 feet, and then running northerly along said land of Frank Summers a distance of 110 feet, and then running easterly along the northern boundary of the zoning district perpendicular to Mount View Drive, a distance of 566.31 feet, (the ""Northernmost Zone Line""). 4.1.3 Accessory structures. Accessory structures may not be placed within required yards, except that permitted signs or roadside stands may be located within a required front yard area, and a permitted on What is the longest frontage requirement for single family residential development in any district? Instructions: Answer the question using the context with an integer and explain your answer [/INST] I don't know, Minimum frontage requirements are not discussed in the provided excerpt, so this question cannot be answered. " "[INST] Context: § 235-67. Cluster residential development. For single-family residential development in a cluster pattern in the SR, SR-A and SR-B Districts, subject to dimensional and density regulation less than the minimum required for development of an individual lot in the same district, the following conditions shall apply: A. The tract of land in a single or consolidated ownership at the time of application shall be at least 15 acres in size and the plan of which shall be subject to approval by the Planning Board under the Melrose Land Subdivision Regulations. B. A site plan shall be presented to the Planning Board for the entire tract. C. Each individual lot in the SR, SR-A and SR-B Districts shall be subject to all requirements for a one-family detached dwelling in the UR-A District. D. The total number of proposed lots in the development within the SR District shall not exceed the number of lots which could be developed under normal application requirements of the SR District. The total number of proposed lots in the development within the SR-A District shall not exceed the number of lots which could be developed under normal application requirements of the SR-A District. The total number of proposed lots in the development within the SR-B District shall not exceed the number of lots which could be developed under normal application of the requirements of the SR-B District. For purposes of this subsection, it shall be assured that a maximum of 80% of the total tract area could be utilized to meet lot area requirements. E. The proposed plan shall be in accordance with the Melrose Future Land Use Plan as last revised. F. The development shall be served by both public water and public sewerage systems. G. The minimum open space requirement shall be 50% of the total tract area. A portion of the open space land, amounting to at least 10% of the total tract area, shall be set aside as common land covenanted to be maintained as permanent open space in private or co Department of Housing and Urban Development, pursuant to Section 8 of the Housing Act of 1937, as amended by the Housing and Community Development Act of 1974. MIXED USE DEVELOPMENT -- A development that contains a combination of at least 2,500 square feet of commercial gross floor area plus five or more residential units. PERIOD OF AFFORDABILITY Shall be in perpetuity (99 years). PROPERTY, PHASED -- Any residential or mixed use development or developments at one or more adjoining sites in common ownership or under common control within a period of two years from the first date of application for any special or building permit for construction on the lot or lots. RESIDENTIAL DEVELOPMENT -- Single-, two-family and multifamily homes, townhouse development, elderly oriented congregate housing and lodging and rooming house dwellings. B. Applicability and requirements. (1) The provisions of this § 235-73.1 shall apply to any residential or mixed use development containing five or more dwelling units, including phased projects. These provisions shall apply with respect to developments in all zoning districts of the City, provided that the provisions of this section shall not apply to any residential or mixed-use development which has previously received a special permit or variance from the relevant permit granting authority containing conditions requiring the inclusion of affordable housing in such residential or mixed-use development, nor to any such residential or mixed-use development which is subsequently modified in accordance with the provisions of this section, provided that such affordable housing inclusion conditions remain substantially unchanged as a result of any such modification. Developments required to obtain a special permit in accordance with this § 235-73.1 shall not be required to obtain a special permit for more than four accessory parking spaces under § 235-17, accessory use #18. (2) A developer of a residential or mixed use development subject to these provisions shall provide 10% of the total number of dwelling units up to the maximum allowed as of right as affordable units. Where the application of that formula results in -69D to that portion of the total tract in the residential district. However, the location of each type of use shall not be restricted by the zoning district boundary. F. The minimum open space requirements shall be as follows: percent of total tract area: 10%; percent of developed area: 5%. A portion of the open space land, amounting to at least 10% of the total tract area, shall be set aside as common land covenanted to be maintained as permanent open space in private or cooperative ownership. The form of covenant covering such common land shall provide for its permanent ownership and maintenance and shall be subject to the approval of the Planning Board and the City Solicitor (with the consent of the Aldermen this common land may be deeded to the City). This common land shall be of such a physical character and appropriately planned so as to be of use to the residents and patrons of the development. G. The remaining land area may be developed for residential, community facilities and business uses. In considering the application, the Planning Board should determine the need for sites for community facilities such as schools, playgrounds, fire stations and the like. Where such a need is found, appropriate sites within the development shall be set aside. H. The residential density shall not exceed 60 dwelling units per acre of the portion of the total land area devoted to residential use. I. The locations of buildings shall be governed by the following: (1) All buildings shall be at least one foot from any lot line for each foot of building height, but in no case shall any building be closer than 15 feet. (2) All principal buildings shall be at least 24 feet apart, except that where building heights exceed 40 feet, these distances shall be increased by one foot for each foot of height over 40 feet. (3) All principal buildings shall be at least 15 feet from any common parking area. J. Buildings of greater height than eight stories may be allowed only as long as the minimum distances required in Subsection I(1) and (2) above are increased by one foot for each two feet of height over 80 feet. K. The development shall be served by this strip shall be at least 25 feet in width, except when abutting a residential use in the UR-C district, in which case the width may be reduced to 10 feet. It shall contain a screen of plantings of vertical habitat in the center of the strip not less than three feet in width and six feet in height at the time of occupancy of such lot. Individual shrubs or trees shall be planted not more than three feet on center and shall thereafter be maintained by the owner or occupants so as to maintain a dense screen year-round. At least 50% of the plantings shall consist of evergreens and they shall be evenly spaced. (Ord. No. 16985C, 11-27-1972) § 235-23. Buildings in floodway. A building, except a boathouse, shall not be erected in a floodway or in any area subject to periodic flooding unless the first floor elevation is higher than the highest flood recorded. If such flood elevation shall have been reduced by construction of dams at the headwaters, or by other means, the first floor elevation may be correspondingly lowered to the reduced flood level. (Ord. No. 16985C, 11-27-1972) § 235-24. Accessory buildings and other structures. A. In the ""R"" districts, a detached accessory building shall conform to the provisions set forth in the following schedule: District,Area (1),Front,Rear,(feet) SR,25,20,10,20 SR-A,25,20,10,20 SR-B,40,15,10,20 UR-A,50,15,4*,20 UR-B,50,15,4*,20 UR-C,50,15,4*,20 UR-D,50,15,4*,20 NOTES: 1 The required rear yard area is calculated by multiplying the required rear yard depth by the required lot width. 2 The required distance from side and rear lot lines for accessory private swimming pools shall be 10 feet in all districts. Any swimming pool with side walls over two feet in depth shall be enclosed in an impassable six-foot-high fence with a self-latching gate or an equivalent enclosure or means of protection from access to the pool as defined in the State Building Code. Self-enclosed pools shall be enclosed to a height of six feet above ground level with a self-latching gate or an equivalent impassable enclosure as approved by the Building Commissioner. B. An access s for community facilities such as schools, playgrounds, fire stations and the like. Where such a need is found, appropriate sites within the development shall be set aside. G. The residential density shall not exceed 20 dwelling units per acre of the total tract area. H. The locations of buildings shall be governed by the following: (1) All buildings shall be at least one foot from any lot line for each foot of building height, but in no case shall any building be closer than 15 feet to any lot line. (2) All principal buildings shall be at least 24 feet apart, except that where building heights exceed 40 feet, these distances shall be increased by one foot for each foot of height over 40 feet. (3) All principal buildings shall be at least 15 feet from any common parking area. I. Buildings of greater height than eight stories may be allowed only as long as the minimum distances required in Subsection H(1) and (2) above are increased by one foot for each two feet of height over 80 feet. J. The development shall be served by both public water and public sewerage systems. K. The principal streets shall be offered for acceptance as public ways. Where retained as private ways, they shall be posted as such by standard street signs. L. A location plan at a scale of one inch equals 650 feet shall be submitted. M. A site plan for the entire tract at a scale of one inch equals 40 feet, prepared by a recognized land planner, registered architect or registered professional engineer, shall be submitted to the Planning Board in duplicate and shall show, in addition to other items as may be required by the Planning Board, at least the following: (1) Two-foot contours on the tract and within 50 feet thereof. (2) The location and acreage of areas to be devoted to specific uses. (3) Existing and proposed streets, parking, drainage and utility systems. (4) Proposed residential density of development in terms of dwelling units per acre and type and prop What is the longest frontage requirement for single family residential development in any district? Instructions: Answer the question using the context with an integer and explain your answer [/INST] I don't know, Minimum frontage requirements are not discussed in the provided excerpt, so this question cannot be answered. " "[INST] Context: 4.12. Regulations for Reduced Lot Frontage in the Village Residential District 4.12.1.Purpose. A reduction in lot frontage may be permitted in the Village Residential District for the purpose of providing a range of housing choices, including housing affordable to low-, moderate- and median-income households. 4.12.2. Requirements. The Planning Board may issue a SPECIAL PERMIT to reduce lot frontage in the Village Residential District consistent with the following criteria: 4.12.2.1. The LOT has a minimum continuous street FRONTAGE of not less than fifty (50) feet. 4.12.2.2. The area of a LOT with reduced FRONTAGE shall be at least equal to the minimum LOT size of the Village Residential District. 4.12.2.3. The LOT shall have at least one area suitable for the construction of a dwelling that can accommodate a circle with a diameter of 60 feet. 4.12.2.4. Not more than two reduced frontage lots shall abut each other. 4.12.2.5. Two abutting reduced frontage lots shall be served by a Common Driveway. 4.12.2.6. A reduced frontage lot shall not interfere with the use and enjoyment of an abutting LOT and will not adversely affect the neighborhood. 4.12.3. Notwithstanding any other provision, a reduced FRONTAGE LOT created by SPECIAL PERMIT from the Planning Board shall not be further subdivided, or reduced in area, or changed in size or shape, and it may be used only for Infill Residential Uses as defined in Section 4.11 of this Bylaw. The Planning Board shall require deed restrictions to insure the aforementioned criteria and use limitations. 4.13. Regulations for Multi-Family Housing in the Village Residential District The Planning Board may grant a SPECIAL PERMIT for MULTI-FAMILY housing in the Village Residential District under the following conditions: 4.13.1. Multi-family housing in the Village Residential District is intended to provide a mix of housing types at a density and scale appropriate for the historic character of the district. To qualify for a MULTI-FAMILY housing SPECIAL PERMIT, the applicant must includ all apply to MULTI-FAMILY housing in the Village Residential District: 4.13.3.1. Multi-family dwellings shall not exceed eight units per acre unless the applicant proposes and the Planning Board approves a higher percentage of affordable housing units than the percentage achieved under Section the 20% minimum set forth in Section 4.13.1. In- no event shall the Planning Board issue a SPECIAL PERMIT for more than ten units per acre. 4.13.3.2. A MULTI-FAMILY development shall provide a mix of one-, two-, and three-bedroom units, except that no more than ten percent of the units in a MULTI-FAMILY development shall be three-bedroom units. 4.13.3.3. A MULTI-FAMILY building shall contain no more than eight units, and shall not exceed a building height of 35 feet and two and one half stories. 4.13.4. Multi-family housing STRUCTURES shall avoid monotonous, look alike designs and promote high standards of exterior quality and appearance. 4.13.5. Off-Street Parking. Applicants shall provide 1.5 parking spaces per one-bedroom unit and 2 parking spaces. per two- or three-bedroom unit. At least one space per unit shall be located so as to provide convenient access to its assigned dwelling unit. Parking garages will be permitted as a parking space if located and designed so as to complement the building design and site layout. 4.13.6. Setbacks. All buildings must be located at least 25 feet from any side or rear LOT line and 25 feet from any established street layout or, where applicable, any defined street line of a public road; which street setback area shall be undeveloped and/or landscaped. 4.13.6.1. Upon a finding by the Planning Board that a setback of lesser width would be sufficient to screen and/or separate the development from adjacent property, the setback may be reduced. The Board may require no-cut easements, conservation restrictions or the like where the setback has been reduced. 4.13.6.2. The Planning Board may also reduce the setback for MULTIFAMILY development of five or fewer units if the building is architectura ARTICLE 23. SUPPLEMENTAL REGULATIONS 23.1. Minimum Lot Frontage and Area. 23.1.1. Any LOT lawfully laid out by a plan or deed duly recorded or registered in the appropriate Registry of Deeds or Land Registry District, that complied with the minimum area and FRONTAGE requirements of this Bylaw in effect at the time of such recording or registering, may be built upon for residential use notwithstanding it may not comply with the minimum LOT area and minimum FRONTAGE requirements of this Bylaw; provided, however, that at the time of building, such LOT has an area of more than 5,000 square feet, a FRONTAGE of 50 feet or more, is in a district zoned for residential use and conforms, except as to area and FRONTAGE requirements, with all, other provisions of this Bylaw; and provided, further, that, at the time of adoption or amendment of this Bylaw, said LOT was held in ownership separate from that of adjoining land. 23.1.2. A LOT in common ownership which conforms with the minimum LOT area and minimum LOT FRONTAGE required in this Bylaw shall not be reduced so as to become nonconforming. **Webmasters Note: Subsection 23.1.3 has been deleted as per an update approved at a town meeting held 10/18/10. 23.2. Driveways. (Reserved) 23.3. Common Driveway. The Planning Board may issue a SPECIAL PERMIT to authorize a Common Driveway for single-family dwellings consistent with the following: 23.3.1. Purpose and Approval. A Common Driveway will not be permitted unless the Planning Board determines that it will provide a reasonable public benefit that would not otherwise be obtained without use of a Common Driveway. Public benefits or purposes may include a reduction in the number of curb openings or Driveways onto major streets or at unsafe or unsuitable lo and Merrimac Subdivision Regulations measured continuously along one street line between side LOT lines or in the case of corner LOTS, between one side LOT line and the midpoint of the corner. For LOTS on a cul-de-sac, or partially on a cul-de-sac, FRONTAGE shall be measured as the shortest straight line from side yard line to side yard line that is a tangent to the curve. For LOTS on curved roads that have curvilinear FRONTAGES, FRONTAGE shall be determined by measuring the linear distance along the curve. The driveway providing the principal access to a LOT shall be across the LOT FRONTAGE as herein defined, subject to the provision, however, that if a LOT has minimum LOT FRONTAGE on more than one street, the driveway may enter the LOT from any of such streets, subject to the approval of the BUILDING COMMISSIONER. The approval of the BUILDING COMMISSIONER shall be given only after issues concerning public safety, designed scenic roads and good planning principles have been considered. GREEN BUILDING TECHNOLOGIES : Any techniques or use of building or landscape materials or combination thereof that reduces the operational energy requirements of a STRUCTURE. GROSS FLOOR AREA : The sum of the gross horizontal areas of the several floors of a building excluding areas used for accessory garage purposes and such BASEMENT and cellar areas as are devoted exclusively to uses accessory to the operation of the building. All dimensions shall be taken from the exterior faces of walls, including the exterior faces of enclosed porches. HALF-STORY : Any place under the gable hip or gambrel roof, the floor of which is not more than two feet below the plate. HOMEOWNERS' OR RESIDENTS' ASSOCIATION : A legal organization approved by this Bylaw composed of all resident owners in a Residential Conservation Cluster responsible for owning or maintaining common property, providing for compulsory membership for each resident, equitable voting rights and effective participation opportunities. HOME OCCUPATIONS : The following limitations apply to all clas SE development and contribute to the MIXED-USE character of the district as a whole. To qualify for a MULTI-FAMILY housing SPECIAL PERMIT, the applicant must integrate dwelling units with a proposed commercial development. Integration may be achieved by one or both of the following methods: 9.10.1.1. Locating units above the ground floor of a commercial building, i.e., an accessory dwelling in a structure occupied principally for commercial uses. 9.10.1.2. Constructing ""free-standing"" or separate MULTI-FAMILY buildings on the same lot, provided they are located behind a commercial development that is oriented toward Route 110 and are connected to the commercial development by pedestrian walkways, appropriate landscaping, lighting and other elements of the site plan. 9.10.1.3. The Town strongly prefers that some of units be located above the ground floor of one or more commercial buildings in a development, and the Planning Board may require the same as a condition of SPECIAL PERMIT approval. 9.10.2. The following density and dimensional rules shall apply to MULTI-FAMILY housing: 9.10.2.1. No more than 60% of the GROSS FLOOR AREA of a proposed MIXED-USE development shall be used for MULTI-FAMILY dwelling units. 9.10.2.2. Multi-Family dwellings shall not exceed six units or twelve bedrooms per acre. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held 4/30/07. 9.10.2.3. A building designed exclusively for MULTI-FAMILY use shall contain no more than six units, and shall not exceed a building height of 35 feet and two and one half stories. 9.10.2.4. Buildings designed exclusively for MULTI-FAMILY housing shall avoid monotonous, look-alike designs and promote high standards of exterior quality and appearance. 9.10.3. Parking. Applicants shall provide 1.5 parking spaces per one-bedroom unit and 2 parking spaces per two- or three-bedroom unit. At least one space per unit shall be located so as to provide convenient access to its assigned dwelling unit. Parking garages will be permitted as a parking space if located and designed so as to complement the building design and site layout. 9.10.4. Setbacks. All buildings must be located at least 50 feet from any side or rear LOT What is the longest frontage requirement for single family residential development in any district? Instructions: Answer the question using the context with an integer and explain your answer [/INST] I don't know, Minimum frontage requirements in each district are not discussed in the provided excerpt, so this question cannot be answered. " "[INST] Context: reet other than a street created by the OSRD; provided, however, that the Planning Board may waive this requirement where it is determined that such reduced lot(s) will further the goals of this By-Law; (b) At least 50% of the required setbacks for the district shall be maintained in the OSRD unless a reduction is otherwise authorized by the Planning Board. Where structures containing three to four dwelling units are being proposed, the side lot lines between units may be 0 feet, however the distance between structures shall be a minimum of 20 feet; (c)Minimum Frontage: The minimum frontage may be reduced from the frontage otherwise required in the zoning district; provided, however, that no lot shall have less than 50 feet of frontage; (d) Setbacks: Every dwelling fronting on the proposed roadways shall be set back a minimum of 20 feet from the roadway right-of-way, and 10 feet from any rear or side lot line. In the event that dwellings are located on exclusive use areas or contain no interior lot lines, a minimum distance of 20 feet between single and two-family dwellings shall be required. (11) Increases in permissible density. The Planning Board may award a density bonus to increase the number of dwelling units beyond the Basic Maximum Number. The density bonus for the OSRD shall not, in the aggregate, exceed fifty percent (50%) of the Basic Maximum Number. Computations shall be rounded to the lowest number. A density bonus may be awarded in the following circumstances: (a) For each additional ten percent (10%) of the site (over and above the required 50%) set aside as open space, a bonus of one additional unit or five percent (5%) of the Basic Maximum Number, whichever is greater, may be awarded. (b) For every one (1) dwelling unit restricted to occupancy for a period in perpetuity by persons or families who qualify as low or moderate income, two (2) dwelling units may be added as a density bonus for each low income unit, one (1) dwelling unit as a bonus for each moderate income unit. (c) For every historic structure preserved and subject to a historic preservation restriction, one (1) dwelling unit m ARTICLE VI DIMENSIONAL REGULATIONS § 97-6. Dimensional Regulations. A. General Regulations. (1) Any building, structure, or part thereof, converted, constructed, altered, or moved shall conform with the requirements for lot area, frontage, yards, floor area ratio (FAR), lot coverage, and height as set forth in this table unless otherwise specified elsewhere in this bylaw. B. Table of Dimensional Requirements. TABLE OF DIMENSIONAL REQUIREMENTS ,Minimum,Dimensions,,,,Dimensions, Zoning District,Lot Area,Frontage,SetBacks,,Footprint,Lot Coverage,Height* ,(sft),(ft),Property line (ft),Street (ft),(sft),(%),(ft) R-AG Single Family,""40,000 (1)"",125,10(2),202 (2),,,35 Residence Two Family,""60,000 (1)"",125,10(2),20(2),-,-,35 Residence - Served by a public water supply Two Family Residence - all other,""80,000 (1)"",125,102,202,-,-,35 PR,""40,000 (1)"",125,10(2),202,,-,35 R-LB,""80,000 (1)"",125,10(2),202,,-,35 B,""10,000 (1)"",100,10,20,""2,500 (5)"",50,35 CH,""40,000 (4)"",200,25,50,-,50,35 CHA,""40,000 (4)"",200,25,50,,50,35 I,""40,000 (1)"",200,25(3),50³,-,50,35 Notes: (1) Required contiguous upland. Regardless of the actual lot size, at least 80% of the minimum lot area for the district shall be contiguous in uplands and shall not be in wetlands or in the Parker River-Essex Bay Area of Critical Environmental Concern. Such wetlands are defined in M.G.L. Chapter 131, Section 40 as amended, and include without limitation bogs, swamps, marshes, wet meadows, and areas of flowing or standing intermittent, and are characterized by their distinctive soils, including but not limited to peat or muck, by the existence of plant communities which require the presence of water at or near ground surface for the major portion of the year. Such plant communities are those described in M.G.L., Chapter 131, Section 40 as amended. [Amended 6-26-2001 STM, Art. 8; 6-24-2003 STM, Art. 15] [Added 6-24-2003 STM, Art. 17] [Added 6-24-2003 STM, Art. 16] (2) No part of any building on lots in said district may stand less than 10 feet from a property line or less than 20 feet from a street unless a nearer building line is already established by existing buildings. (3) No building on any lot shall be closer than 50 feet to a highway or watercourse or less than 25 feet from any side or rear boundary or more than 35 feet in height as measured from the mean sea level of the established grade at the building to the mean height of the roof. (4) Each lot shall have an area not less than 40,000 square feet and shall have a frontage on an accepted way of not less than 200 feet (an additional 2,000 square feet of gross area shall be required for each unit in any motel). (5) Maximum footprint area of a permitted non-residential building shall neither exceed 2500 square feet nor cover more than 50% of the lot. * See height definition section 97-11 D eptions if based in part on limiting the number of lots upon which buildings can be constructed shall be endorsed on the plan to which they relate or set forth in a separate instrument attached thereto and recorded therewith. The Board shall maintain in its flies a written explanation of the reduction or exemption together with the reasons for its approval. B. Cul-de-sac streets shall be provided with a turnaround having an outside sideline diameter of at least 165 feet, an outside roadway diameter of at least 140 feet, a pavement width of 25 feet, and a center island. Streets with a center island of less than four acres shall be classified as cul-de-sacs. Streets with a center island of four or more acres shall be classified as non-through streets. C. Length of cul-de-sac streets shall be measured from the side line of its intersect with a through street along the center line of the cul-de-sac street to the rear most point of the sideline of the turnaround. Length of non-through streets shall be measured from the sideline of its intersection with a through street along the center line of the non-through street to the point on such center line which is most distant from the sideline of the through street. D. Grades of all streets shall be the reasonable minimum but not less than two percent nor more than seven percent on collector and subcollector streets or ten percent on minor streets. § 117-22. Typical cross section. See the Typical Cross Section Diagram at the end of this chapter. § 117-23. Easements. A. Easements for utilities or for pedestrian access across lots or centered on rear or side lot lines shall be provided where necessary and shall be at least twenty feet wide. B. Where a subdivision is traversed by a watercourse, drainage way, channel or stream, the Board may require that there be provided a storm water easement or drainage right-of-way of adequate width to conform substantially to the l affic and allow for the proper projection of streets or for access to adjoining property which is not yet subdivided. B. Provisions satisfactory to the Board shall be made for the proper projection of streets or access to adjoining property, which is not yet subdivided. Reserve strips prohibiting access to streets or adjoining property shall not be permitted. C. Street jogs with center line offsets of less than 125 feet shall be avoided. D. Streets shall be laid but so as to intersect as nearly as possible at right angles. No street shall intersect any other street at less than 60 degrees. E. Property lines at street intersections shall be rounded or cut back to provide for a curb radius of not less than 30 feet. § 117-20. Classification of streets. § 117-21. General layout and dimensions. Minimum Sight Distance Minium width of R-O-W (ft) Minimum width of Road- way (ft) Prohibited Dead End,Prohibited,Prohibited,,Prohibited,,Prohibited,Prohibited Cul-de-sac,50 20,200,100,500,100,, Non-through,50,20,200,100,200,200, Through,50 22,200,100,n/a,200,, Subcollector Dead End,Prohibited,Prohibited,,Prohibited,,Prohibited,Prohibited Through Only,50,24,500,350,n/a,200, Collector,,,,,,, Through Only,60,28,800,450,n/a,400, A. The Board may in the case of residential streets authorize a reduction of the minimum roadway width and authorize an increase in roadway length. Such reduction or extension shall only be authorized if the Board finds it is in the public interest and that the design of the overall subdivision will significantly enhance the character of the neighborhood and preserve to a greater extent the historical and natural features of the site. Approval of such reductions or exceptions if based in part on limiting the number of lots upon which buildings can be constructed shall be endorsed on the plan to which they relate or set forth in a separate instrument attached thereto and reco ould be laid out to create internal and external connections to existing and/or potential future streets, sidewalks, and trails. Points of proposed public access to the conservation areas should be clearly delineated; (d) Step Four: Draw in the lot lines, if not treated as a condominium. (9) Design standards. The following Generic and Site Specific Design Standards shall apply to all OSRDs and shall govern the development and design process. (a) Generic Design Standards: 1) The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas. The orientation of individual building sites shall be such as to maintain maximum natural topography and cover. Topography, tree cover, and natural drainageways shall be treated as fixed determinants of road and lot configuration rather than as malleable elements that can be changed to follow a preferred development scheme; 2) Streets shall be designed and located in such a manner as to maintain and preserve natural topography, significant landmarks, and trees; to minimize cut and fill; and to preserve and enhance views and vistas on or off the subject parcel; 3) Mixed-use development shall be related harmoniously to the terrain and the use, scale, and architecture of existing buildings in the vicinity that have functional or visual relationship to the proposed buildings. Proposed buildings shall be related to their surroundings; 4) All open space (landscaped and usable) shall be designed to add to the visual amenities of the area by maximizing its visibility for persons passing the site or overlooking it from nearby properties; 5) The removal or disruption of historic, traditional or significant uses, structures, or architectural elements shall be minimized insofar as practicable, whether these exist on the site or on adjacent properties. (b) Site Specific Design Standards. 1) Mix of Housing Types. The OSRD may consist of any combination of single-family and two-family structures. Multifamily structur What is the longest frontage requirement for single family residential development in any district? Instructions: Answer the question using the context with an integer and explain your answer [/INST] 125, Based on the given zoning bylaw excerpt, the longest frontage requirement for single-family residential development in any district is 125 feet. " "[INST] Context: amount of square footage being developed and the cost of constructing the needed facilities. (Ord. of 6-28-90, §1) A FAMILY : One or more persons related by blood, adoption, or marriage living and cooking together as a single housekeeping unit, excluding household servants. A number of persons, but not exceeding three, living and cooking together as a single housekeeping unit though not related by blood, adoption, or marriage shall be deemed to constitute a family. (Ord. of 5-10$4, § 3) FAMILY DAYCARE HOME : As defined by the Massachusetts Office for Children, and as licensed or approved by them: but generally, any private residence which on a regular basis receives children for temporary custody and care during part of or all of the day. (Ord. of 3-15-88, § 1) FRONTAGE : The straight line distance between either the points of intersection of the side lot lines and the street right of way or the points of intersection of the side lot lines, and the rear line of the required front yard (see diagram under ""yard""): FRONTAGE, LOT . A continuous portion of the boundary between a lot and an abutting street between lot lines or, in the case of a corner lot, between a lot line and the intersection of street lines or of street lines extended. The measurement of lot frontage shall not include jogs in street width, back-up strips and other irregularities in street line, and in the case of a corner lot, may at the option of the owner extend to the midpoint of the curve connecting street lines, instead of to their intersection. FRONTAGE, STREET : A street which provides the required lot frontage for a building. When a lot is bounded by more than one street, any of item, but only one, may be designated as the frontage street by the owner, provided that the street meets the frontage requirements and the principal permitted building on the lot is numbered on such frontage street. However, in the case of a lot bounded by two streets forming an interior angle of more than one hundred thirty-five (135) degrees, their combined frontage be linear feet of all street frontages. (2) For lots with more than twenty (20) parking spaces, one (1) street tree per four (4) spaces shall be required, in addition to the foregoing. (3) Where side or rear yards abut land zoned for residential use, a landscaped buffer meeting the standards of section 6.5.8(c) shall be required. (4) Service areas, including but not limited to dumpsters, outdoor storage areas, tanks and loading docks, shall be screened from view from streets, walks and parking areas by sight impervious fencing or landscaping. (c) BC district. (1) Where buildings are set back more than ten (10) feet from a street, a minimum of four (4) street trees per one hundred (100) linear feet of street frontage shall be required, within a landscaped front yard at least ten (10) feet in depth. Said landscaped yard shall consist of a minimum of twenty (20) shrubs per one hundred (100) linear feet of frontage. (2) Where buildings are set back less than ten (10) feet from the property line, the front yard shall be landscaped with a minimum of twenty (20) shrubs or four (4) ornamental trees per one hundred (100) linear feet of frontage. (3) For parking lots with more than twenty (20) parking spaces, a minimum of one (1) street tree or ornamental tree per six (6) spaces shall be required, in addition to the foregoing. (Ord. of 5-29-97, § 5) 6.5.7 Industrial districts. (a) IL district. (1) Where buildings are set back more than ten (10) feet from streets, a minimum of four (4) street trees per one hundred (100) linear feet of street frontage shall be required, within a landscaped front yard at least ten (10) feet in depth. (2) Where buildings are set back less than ten (10) feet from streets, the front yard shall be landscaped with a minimum of twenty (20) shrubs or four (4) ornamental trees per one hundred (100) linear feet of frontage. (3) For parking lots with more than twenty (20) parking spaces, a minimum of one (1) street tree per six (6) parking spaces shall be required, in addition to the foregoing. (4) A minimum minimum yard shall be one hundred (100 feet. This requirement supersedes all other yard and set-back distances affecting the regional-business district. (d) A buffer zone of fifty (50) feet [shall] be established under said zoning. (Ord. of 8-4-83, § 1) (e) This is minimum project size, specific lots must be a minimum of six thousand (6,000 square feet. (Ord. of 10-11-84, § 15) (f) For individual mobile home parcels. (Ord. of 10-11-84, § 15) 5.3 MODIFICATIONS OF DIMENSIONAL REGULATIONS 5.3.1 Where a business or industrial district adjoins a residence R-1, R-1A, R-1B, R-2, R-3, R-4, or R-5 District, the sideyard requirement of the residence district, if more restrictive than that of the business or industrial zone, shall apply to all buildings in the business or industrial districts that are located within one hundred (100) feet of the boundary line between the districts. (Ord. of 5-10-84, § 27) 5.3.2 The determination of construction type for purpose of height limitations shall be based upon definitions of the National Board of Fire Underwriters. 5.3.3 Portions of a lot developed for multiple family dwellings which are not occupied by buildings or structures, and not used for off street vehicular parking, walks or interior access roads, shall be landscaped. All landscaped areas, including lawns, trees, shrubs and other plantings shall be properly maintained in a sightly and well-kept condition. 5.3.4 Open space required in business or industrial districts shall be provided in the rear, or in part of the sides, so as, in the opinion of the Building Inspector, to insure the adequate lighting and ventilating of the building and access in case of fire. 5.3.5 Steps, roofs over steps and/or windows, open or lattice enclosed fire escapes and bay windows which do not project over four and one half (4 1/2) feet beyond the foundation line, which do not exceed more than twenty-five (25) square feet, may extend beyond the minimum yard regulations otherwise provided for the district in which the structure is built (Ord. of 5- s shall be required per one hundred (100) linear feet of driveways, and shall be planted within fifteen (15) feet of the driveway edge. (3) Natural woodlands at least fifty (50) feet in depth may be substituted for the frontage and driveway trees. (4) A minimum of one (1) street tree or ornamental tree shall be required per four (4) off street parking spaces. (5) A neighborhood buffer meeting the standards in section 6.5.8(d) shall be required between any development under this section and the surrounding area. (Ord. of 5-29-97, § 5) 6.5.6 Commercial districts. (a) BH, BH2, and BB districts. (1) The front yard setback shall contain a continuous landscaped strip at least twenty-five (25) feet in depth, broken only to provide appropriate egress and access. A minimum of four (4) street trees shall be required per one hundred (100) linear feet of all street frontages, and shall be planted within fifteen (15) feet of the property line, evenly spaced. (2) For parking lots with more than twenty (20) parking spaces, a minimum of one (1) street tree or driveway per four (4) parking spaces shall be required, in addition to the foregoing. (3) A minimum of one-half the required side and rear yard setbacks shall be landscaped with a site perimeter in accordance with the provisions of section 6.5.8(c). (4) Where side or rear yards abut land zoned for residential use, a neighborhood buffer meeting the standards of section 6.5.8(d) shall be required. (5) Service areas, including but not limited to dumpsters, outdoor storage areas, tanks and loading docks, shall be screened from view from streets, walks and parking areas by sight impervious fencing or landscaping. (b) BN and BN2 districts. (1) A landscaped front yard at least twenty-five (25) feet in depth shall be provided, with a minimum of four (4) street trees per one hundred (100) linear feet of all street frontages. (2) For lots with more than twenty (20) parking spaces, one (1) street tree per four (4) spaces shall be required, in addition to the foregoing. (3) Where side ng for one family in a connected row of three (3) or more dwellings, where one family is not living over another. MUNICIPAL PROPERTIES REUSE DEVELOPMENT (MPRD) : A municipal properties reuse development shall mean the development of municipal properties no longer serving a municipal purpose, as a single entity, in which a mixture of residential, open space, commercial, and light industrial uses, and a variety of building types and designs, are determined to be sufficiently advantageous to render it appropriate to grant a special permit to the extent authorized by this zoning ordinance. (Ord. of 9-16-82, § 1) NATURAL WOODLANDS : A grouping of mature indigenous trees with a minimum density of twenty (20) trees of six (G) inches' diameter or greater per ten thousand (10,000) square feet throughout (Ord. of 5-9-97, § 1) NEIGHBORHOOD BUFFER : A landscaped area sufficient in depth and screening to visually separate one land use from one another. (Ord. of 5-9-97, § 1) NURSING HOME : Any place or institution for the aged, infirm, chronic or convalescent whether conducted for charity or for profit which is established to render domiciliary care, custody, treatment or lodging for three (3) or more unrelated persons who require or receive assistance in ordinary daily activities of life or who are confined to bed or chair. (This term includes boarding and rooming houses for aged people, convalescent homes, rest homes, homes for the aged or infirm and convalescent homes for children, but does not include hospitals, clinics and similar institutions devoted primarily to the diagnosis and treatment of disease, injury, maternity cases or mental illness.) ONE-FAMILY DWELLING : A detached dwelling designed for and occupied by a family excluding mobile homes. (Ord. of 5-10-84, § 4) ORNAMENTAL TREE : A small to medium size deciduous tree, noted for its form, leaf color, texture, flowers, or fruit, used to provide vegetative screening along a driveway, beside a building, or within a landscaped buffer. (Ord. of 5-9-97, § 1) OVERLAY ZONE What is the longest frontage requirement for single family residential development in any district? Instructions: Answer the question using the context with an integer and explain your answer [/INST] I don't know, Minimum frontage requirements are not discussed in the provided excerpt, so this question cannot be answered. " "[INST] Context: hat less distance is desirable. In no case shall such distance be less than twenty (20) feet. 7324. On-site drained parking areas shall comply with Section 5100, and adequate provision for aisles and drives shall be provided. Visitor parking spaces shall be clustered and distributed throughout the site to complement the design and layout of the site and to ensure safe vehicular and pedestrian flow. Separate buildings for parking garages, if any, shall be located and designed so as to complement the apartment building design and site layout. Parking spaces located at the front of the site shall be suitably screened so as to not be viewed from the road. 7325. All dwelling units within apartment buildings shall have a minimum floor space area of four hundred-eighty (480) square feet. 7326. Except for detached single family dwelling units, no multifamily residential development containing eight (8) or more dwelling units shall have more than twenty percent (20%) of the total number of dwelling units with three (3) or more bedrooms. 7327. Easements and deeds shall be granted to the town to secure access to town facilities, utilities and land. 7328. Excepting master antennas serving one (1) or more buildings, exterior antennas for reception or transmission of electronic signals shall not be permitted. 7329. All multifamily developments shall require signage in accordance with Section 5300 to be located at all entrances to the multifamily development and in the case of apartment buildings, each building shall be designated by street numbering as determined by the Board of Assessors, and each unit number shall be clearly marked with numerals or letters of no less than six (6) inches in height and be of a clearly visible color. In the case of multifamily developments containing single-family detached dwelling units a permanent marker of engraved granite not greater than six (6) square feet in area shall be placed at the end of the driveway entrance to the multifamily development where it meets the public way and shall contain the diagram of the addresses of the properties as designated by the Board of Assessors. A similar, but smaller, marker shall be placed where the driveway meets the indi to approve any related plan for subdivision, nor reduce any time periods for Board consideration under the law. However, in order to facilitate processing, the Planning Board may, insofar as practical under existing law, accept a combined plan and application which shall satisfy both this section and the Board's regulations under the Subdivision Control Act. 7350. Conditions. Where a special permit for multifamily residential development is granted which is not subject to subdivision control, the Planning Board shall impose all or such part of its subdivision control requirements as it deems advisable as conditions upon its permit, including but not limited to the construction of roads and driveways, drainage facilities and other facilities and utilities, and shall require a bond or covenant in the manner prescribed in the subdivision regulations to secure performance of the entire plan for multifamily residential development as approved for special permit. 7400. TRAILERS 7410. General No person shall use or permit to be used for dwelling purposes within the town any trailer or similar mobile equipment, whether registered or unregistered, mobile or immobile, except that mobile trailers may be used for temporary dwelling purposes, provided that such use is licensed by the Selectmen, said license to be applied for by the occupant within three days after the unit is located in the town and with no license granted hereunder to be for a period exceeding six calendar months. 7420. Preexisting Trailers. The above restrictions shall not apply to trailers which are presently or are hereafter placed in any trailer park already in existence in the town or to any existing trailer presently being used for dwelling purposes, which trailers shall be subject to and limited by licenses, if any, presently in effect. 7421. Such trailers may be replaced by a trailer not more than 20% larger in volume than the lawfully preexisting trailer. 7500. REAR LOTS 7510. General In a Rural, Town Suburban or Recreational Residential District, a building and occupancy permit for one (1) single family dwelling unit may be issued notwithstanding the minimum frontage requirements set forth in Section 4000, subject to inimum front yard,25 feet,25 feet,25 feet Note: Lots with duplexes (two attached dwelling units) or multifamily units shall require twice the minimum lot area as specified above for single family lots and must comply with all provisions of section 7300, Multifamily Residential Development, of the Pepperell Zoning Bylaw. All other dimensional requirements for duplex and multi-family lots are unchanged from the underlying zoning. Streets shall be designed and located in such a manner as to maintain and preserve natural topography, significant landmarks, and trees; to avoid wetland crossings, if possible; to minimize cuts and fills; and to preserve and enhance views and vistas on or off the subject parcel. If the street is to become a public way, all Town of Pepperell design and engineering standards pertaining to new subdivision roads, as described in the Subdivision Rules and Regulations, must be followed. The Planning Board shall require connection, at the applicant's expense, of the OSRD to the municipal sewerage system when available. For purposes of this requirement, municipal sewerage shall be deemed available when a line comes within a reasonable distance from an access street to the site. Factors which will be used in determining if public sewer is available within a reasonable distance shall include, but are not limited to, the actual distance, the capacity of the existing line, topography, grade from the site to the public sewer, size of the development, effective density of development, ability to obtain easements, permits or license to traverse land of others, environmental constraints and correlation with the Sewer Commission Master Plan. The applicant shall submit calculations for a surface water drainage design based on a twenty-five year storm event performed and certified by a registered professional civil engineer demonstrating that the anticipated storm water runoff from the site shall not exceed peak runoff from the site prior to development. Culverts shall be designed on the basis of a fifty yea ermit to allow such lot may be built upon thereafter, provided that such lot has 100 feet of remaining frontage and a minimum area of 10,000 square feet. 4300. SPECIAL PERMIT TO VARY HEIGHT LIMITATIONS 4310. General In an Urban Residential or Commercial District the Planning Board may, by special permit, authorize greater height for the purposes of: 4311. increasing the available light and air in and around the building and adjacent buildings; 4312. better vehicle and/or pedestrian access to the building and surrounding buildings and accessory parking and other uses; 4313. increasing the amount of open space, park and recreation areas for users of the building or the general public; 4314. preserving or enhancing scenic views within and beyond the structure and between adjacent structures; or 4315. maximizing benefits of cluster development, including but not limited to better siting of buildings, efficient use of public services and facilities and preservation of substantial open space and natural areas. 4320. Conditions. Special permits pursuant to this Section 4300 shall be subject to all of the following standards: 4321. The building or structure shall be no greater in height than one and one half (1.5) times the building setback from the center line of the public way or ways which abut the land upon which the said building or structure is proposed to be erected. 4322. The height of buildings and structures shall be no greater than two (2) times the average of the highest point of buildings and structures on abutting lots under separate ownership. When any such abutting lots are vacant, the building height on such lots shall be presumed to be thirty-five (35) feet. 4323. When a special permit is granted, setbacks may also be adjusted by the Planning Board so that minimum side, rear and front yards are increased by a multiple of the ratio of the height requirements otherwise applicable to authorized height of the building or structure. 4324. The Planning Board shall find, after consultation with the Board of Fire Engineers, that fire protection will be sufficient a parking is shown and the standards for a special permit are met, provided that the floor area of the resulting building is no greater than it would be if there were no special permit. 4220. Minimum Lot Width in Residential Districts. The minimum width of any lot in a residential district between the dwelling and the lot frontage shall be no less than forty (40) feet. 4230. Lot Shape The following rules apply to lot shape: 4231. In all residential districts, the required minimum lot frontage shall be maintained into the lot at least as far back as the required minimum front yard for the applicable district. 4232. If the width of a lot narrows to less than fifty percent (50%) of the width of the frontage within the first one hundred fifty (150) feet of the lot depth, the dimensional controls for a rear lot as set forth in Section 7500 shall apply. 4233. At no point shall the lot width measure less than forty (40) feet. 4234. The shape of all lots shall conform to the following requirement: 1. 16A > 0.4 2. P2 3. Where: 4. A = the lot area in square feet 5. P = the lot perimeter in feet. 4235. This formula may be applied to a lot which conforms to all requirements of Section 4000, including, but not limited to frontage, lot area, a minimum of 30,000 contiguous square feet of land exclusive of wetland and flood hazard areas and, when applicable, any requirements of Section 8100. 4240. Residential Use in Commercial or Industrial District A residential use hereafter located in a commercial or industrial district shall conform to the dimensional requirements of the nearest residential district except dwelling units above the first floor as allowed in the Commercial District. 4250. Special Permit; Eminent Domain. Where an action in eminent domain results in a lawfully preexisting building lot being rendered nonconforming, the Board of Appeals may grant a special permit to allow such lot may be built upon thereafter, provided that such lot has 100 feet of remaining frontage and a minimum area of 10,000 square feet. 4300. SPECIAL PERMIT TO VARY HEIGHT LIMITATIONS 4310. What is the longest frontage requirement for single family residential development in any district? Instructions: Answer the question using the context with an integer and explain your answer [/INST] I don't know, Minimum frontage requirements are not discussed in the provided excerpt, so this question cannot be answered. " "[INST] Context: val required under this By-law. 2.5.3 Yards and Open Space No part of any yard or other open space required for the purpose of complying with the provisions of this By-Law shall be counted as part of a yard or other open space required for a building on another lot, except in the case of integrated developments in the CI District. Integrated developments in the CI District that are located on more than one lot shall be considered to be on one lot, and separate yards shall not be required for interior lot lines."" (Amended S.T.M. 11/17/97) 2.5.4 Accessory Building No accessory building or structure, except a permitted sign or a temporary roadside stand, shall be located within a required front or side yard or nearer to the rear lot line than 10 feet, except that on lots of less than 10,000 square feet, accessory buildings may be placed within 3 feet of a side or rear line. 2.5.5 Exceptions to Lot Requirements 2.5.5.1 Waiver of Strict Compliance The Board of Appeals, as permit granting authority, may waive strict compliance with applicable requirements as follows: a. Lot frontage: providing at least 80% of the applicable requirement is met and the full required lot width is available at the building line. b. Side yard and rear yard: providing such waiver does not reduce conformity below 80% of the applicable requirements of the district in which the lot is located. c. Parking: providing such waiver does not reduce conformity below 80% of the applicable requirements of the district. The Board of Appeals shall affirmatively find that such waiver shall not in any substantial sense be detrimental and depreciate property values in the immediate neighborhood. 2.5.5.2 Exemptions from Frontage and Area Requirements In any zoning district, a lot or lots having less than the applicable square footage or frontage requirements, or both, shall be exempt from either or both requirements aforestated if said lot or lots: 1. Is a lot in ownership separate from that of adjoining land located in the same Zoning District, at the time of the adoption of this By-Law, or 2. Is a lot or lots separately described in a deed or record at the time of the adoption of this By-Law, or ndicated. E. Where the district boundary is indicated as approximately perpendicular to a street line, it is either perpendicular or radial unless marked otherwise. F. Where the district boundary is indicated as approximately following a stream, it is the center line of the stream. G. Where no other means of determination are possible, boundaries shall be determined by use of the scale on the Zoning Map. 2.4 Lots in Two Districts Where a district boundary zoning line divides any lot existing at the time such line is adopted, the zoning regulations applicable to each portion of the divided lot shall extend not more than thirty feet into the other portion of the same divided lot. 2.5 Lot Requirements 2.5.1 Lot Size and Shape Except as may be authorized by exemption, exception, special permit or variance, no lot on which a building is located in any district shall be reduced or changed in size or shape so that the lot fails to conform to the intensity of use schedule, except when a portion of the lot is taken or conveyed for any public purpose. 2.5.1.1 Lot Width The lot width requirement shall be maintained to the rear building line of each lot. (Amended at Annual Town Meeting, 1988) 2.5.2 Buildings, Pads, and Premises No building shall be erected or used or premises used, except in conformity with the Intensity of Use Schedule (Section 2.8) or Section 3.15 (Commercial Interchange District). No more than one principal building shall be erected or used on any one lot in the RA, RB, or RC zoning districts unless part of an approved Cluster Residential Subdivision approved in accordance with Section 2.13.0. Multi-building developments in the RD District or any Commercial or Industrial District (except the CI- Commercial Interchange District, in which use and development is subject to Section 3.15) on a single lot shall be subject to a Development Permit and Site Plan Review as provided in Section 1.3.2 and Section 3.13, and to any other Special Permit or approval required under this By-law. 2.5.3 Yards and Open Space No part of any yard or other open space required for the purpose of complying with the provisions of this By-Law shall be counted as part o ARTICLE 6 - LAYOUT AND DESIGN STANDARDS 6.1 Types of Subdivisions: In addition to one-family detached home residential subdivision, other types of subdivisions may occur for which special requirements may apply, including, but not limited to the following: a. Apartment developments, including condominiums; b. Commercial-retail sales and services; c. Industrial, including warehousing, company offices and research facilities. 6.2 Parks: The Board shall reequire subdivision plans to show a park or parks suitably located for recreational and other public purposes and to provide light and air. The Board shall require by appropriate endorsement on the plan that no buildings be erected within such park or parks without the Board's written consent for three years following the subdivision approval. Such parks can reasonably comprise 7 1/2 percent of subdivisions of under 50 acres and 5 percent of larger subdivisions. A park design plan showing location and equipment shall be submitted as part of the Application. 6.3 Natural Features: Due regard shall be shown for the preservation and enhancement of natural features, such as large trees, wooded areas, water courses and bodies, scenic points, historic sites, and similar community assets which add value and attractiveness to the subdivision and the Town. If, in the opinion of the Board, excessive foliage growth is removed due to proposed grades, a planting plan, for the areas affected by the regrading, shall be submitted for approval together with the Definitive Plan. In no case shall areas larger than 100' in width be clear cut to accommodate siting of such structures. The applicant shall strive to maintain clear cutting within the roadway, and where necessary, within the planting strip. a. Topsoil Topsoil removed during the course of construction shall be redistributed so as to provide at least four (4) inches of cover to all areas of the subdivisio ale approved by the Board. (1"" = 200', 400', 1000'). The Board may waive the site plan, in whole or in part, or may require additional information, as appropriate. The general purpose of a site plan is to assure proper drainage, safe access and egress, adequate parking, loading areas, signs, landscaping, screening, and consideration of the needs of abutting landowners. Information relating to the following existing features may be indicated on separate or combined plans: Natural and man-made features, wetlands, wetland district boundaries, roads-public and private ways, driveways, means of access, parking area, natural and landscaped vegetation, water courses, dwellings and other structures, location of public water mains and hydrants, location of public sewerage facilities, and location of public utilities. Proposed uses shall be indicated also, including all new structures, changes in topography, landscaping, roads and ways, parking and loading facilities, water and sewerage facilities, and such other information necessary to fully describe the proposal. A.Narrative Report is suggested to explain features shown on site plans. Such a report is recommended to explain the proposed conditions on completion of the development and should address the following issues. a. Compliance with the zoning by-law. (Present and proposed future uses shall be identified as permitted or authorized by special permit.) b. Protection of adjoining premises from detrimental effects from the uses of special permits. c. Vehicular and pedestrian movement. (The present location, width, grades, drainage, driveways, as proposed must be considered. There may be changes in the direction of traffic flow.) d. Arrangement of structures. (Buildings, towers, and signs must be considered in view of light, air, solar orientation, open space.) e. Pa one or more groups separated from adjacent property and other groups within the development by intervening open land, unless deemed otherwise by the special permit granting authority. A.residential cluster development shall conform to the following conditions: 1. Contain a minimum tract size of ten (10) acres in the RA, RB and RC Districts, and five (5) acres in the RD District. 2. The number of dwelling units shall conform to the existing density allowed in the corresponding zoning district after subtracting the area which contains wetlands as delineated by Conservation Commission. 3. A minimum of 40% of the total land area of the development shall be dedicated as common open space; no more than 25% of the land required as common open may be wetlands as defined in MGL Ch. 131, Section 40, or waterbodies. 4. There shall be a minimum width of 50 feet of buffer area between attached cluster buildings, and a minimum width of 50 feet of buffer area between attached clusters and the abutting property lines or street. These buffer areas shall provide suitable landscaping to screen and cluster buildings from each other, abutters, and streets year round. C. Required Open Land 1. At least 40% of the tract (exclusive of land set aside for roads and parking-) shall be open land. At least 75% of the open land shall be suitable for passive or active recreations use, and shall not be wetlands or land subject to seasonal flooding. 2. The open land, and such other facilities as may be held in common, shall be conveyed to one of the following, as determined by the Planning Board, subject to the following guidelines. In general, valuable natural resource land, such as wetlands not suitable for any public use or suitable for extensive public recreational use, should be conveyed to the Town or to a trust: whereas land which will be principally used by the residents of the cluster should be conveyed to any of the following: a. To a corporation or trust comprising a home association whose membership includes the owners of What is the longest frontage requirement for single family residential development in any district? Instructions: Answer the question using the context with an integer and explain your answer [/INST] I don't know, Minimum frontage requirements are not discussed in the provided excerpt, so this question cannot be answered. " "[INST] Context: ards or inconvenience. 300.08 Front Setbacks in Residential Zones. In order to prevent visual monotony in residential areas, no more than three (3) contiguous lots shall have principal residential structures set back the same distance from the street. No principal structure shall be built closer to the street than the minimum dimension prescribed. 300.09 Height No structure shall be built, constructed, erected, or added to above a height of thirty-five (35) feet; except utility poles, which shall not be more than forty-one (41) feet; without a special permit from the Board of Appeals, after a finding by the Board that there is no feasible alternative to the proposed height, that it is the minimum necessary, that there is a clear and specific public benefit which may be realized only by exceeding 35' in height, and that the proposed structure will not in any way detract from the visual character or quality of the adjacent buildings, the neighborhood or the Town as a whole. 300.10 Frontage Reduction The Planning Board may endorse an ""Approval Not Required Plan"" showing lots in a residential zone for which the required lot frontage is reduced to not less than thirty (30) feet provided the following requirements are met: A) The lot being divided was created prior to March 27, 1973; and B) The lot is being divided into not more than three (3) lots; and C) The lots are of an area as required below in paragraph (F) (5); and D) The frontage is not on a major or collector street; and E) No part of the lot may be less than thirty (30) feet in any dimension; and F) The Planning Board determines that: 1) Existing drainage patterns will not be disrupted by the construction of a driveway on the reduced width portion of the lot. 2) The grade of the reduced width portion is less than 10%, 3) Cut and fill on the portion with reduced width will not exceed five (5) feet vertically. 4) The sight distance at the intersection with the street exceeds one hundred fifty (150) feet in both directions. 5) 200% of the lot area required fo MINIMUM AREA District,Minimum Area,Minimum Frontage RR,250 acres,200 feet R-40,100 acres,150 feet R-25,40 acres,110 feet Other dimensional requirements for a single-family dwelling or an NR use within an RD as follows: Min.Lot Size,Min.Lot Width,Min.Front Yard,Min.Side Yard,Min.Rear Yard ""6,000"",60',20',10',10' Other dimensional requirements for a single-family dwelling or all NR use within an RD as follows: Other dimensional requirements for multi-family structures shall be governed by the provisions of Section 401.08, except that no more than twenty-five percent (25%) of the units within an RD may be multi-family, and all such units must be of a townhouse type with separate entrances and with a maximum of eight (8) attached units per building. In calculating intensity of use and allocation of recreational areas, the following standards shall be used: 1. NR uses shall be subtracted from the. total land area before calculating residential densities. 2. Land or water areas contained in flood hazard areas designated as Zones A, A1-30, and B as defined in Section 401.08B shall be subtracted from the total land area before calculating densities. 3. Areas which are considered by the Planning Board as marginal or unsuitable for building such as Flood Plains, inaccessible wetlands and water areas, steep slopes (25 % or greater), highly erodible or poorly drained areas, areas of very shallow bedrock or of very high water table shall, as a general rule, be included in the recreational area. 4. Roads should be subtracted from total area in determining not densities. For preliminary and general planning purposes, roads may be established as fifteen (15 %) percent of total area. For definitive plans, all lot sizes and densities as specified herein shall be net figures with rights-of-way for streets figured exactly. In calculating intensity of use and allocation of recreational areas, the following standards shall be used: 5. Except when the provisions of Transfer of Development Rights are utilized, the total number of dwelling units in an RD shall be no gr Table 8 - Multi-Family and Single-Family Attached Dimensional and Intensity Regulations ,TABLE,8, Multi-Family and,Single Family Attached,Dimensional and Intensity,Regulations ,MINIMUM LOT,REQUIREMENTS, Area,Least Dimension,Front Yard,Other Yard ""86,000"",200 Feet,30' Minor Street,2 Story: 30' ,,60' Collector Street,3 Story: 50' ,,100' Major Street, Net acreage may include up to 5% in water or in inaccessible wetland areas as determined by the Board of Appeals. Lot Utilization: Maximum floor area ratio, gross (FAR,G) =.45 (Total gross floor area/total site area) Minimum floor area net per dwelling unit = 768 sq. ft. Maximum building coverage (incl. accessory) = 25% Parking Requirements: Type Unit Min. Spaces Maximum Area For Parking 1.Bedroom 1.3 25% of site 2.Bedroom 2.0 ---or---3 Bedroom 2.6 Total Car Ratio = 0.83 4.Bedroom 3.0 (Parking area/Net floor area) whichever is least Total gross floor area is measured to the outside line of walls. Minimum useable open space 50% of site, exclusive of all above ground structures and vehicular facilities and rights-of-way. Number of dwelling units depends on the size of unit. G) EnVironmental Design Conditions. Multi-family and single family attached dwellings shall be subject to the following conditions and safeguards in addition to those specified in other sections. 1) Surrounding Areas. The site plan shall insure maximum compatibility with surrounding land uses and structures. The open space should normally create a greenbelt around the project to provide maximum buffering from more intense uses or traffic, to ease the transition to residential areas of lower density and preserve the overall natural character of the Town as much as possible. Where necessary, the Board of Appeals may specify adequate buffer planting. Where the site adjoins single family residential areas, the build Table #1 Lot Standards for Development Abutting Streets LOT STANDARDS FOR DEVELOPMENT ABUTTING STREETS: ,,Minor,Street,Collector,Street,Major,Street,Scenic,Street Zone,Minimum Lot Depth,Lot Width,Min. Setback,Lot Width,Min. Setback,Lot Width,Min. Setback,Lot Width,Min. Setback RR,200,200 wooded,70,200 wooded 150 if reversed frontage,100,**200 wooded 150 if reversed frontage,120,200 150 if reversed frontage,120 R-40,200,150,50,170 130 if reversed frontage,75,200 130 if reversed frontage,100,200 150 if reversed frontage,120 R-25,175,110,35,150 90 if reversed frontage,60,200 90 if reversed frontage,100,200 150 if reversed frontage,120 R-20SL R-20MD R-20MF,150,90,30,150 85 if reversed frontage,60,175 85 if reversed frontage,100,175 125 if reversed frontage,100 * Revised 1986 A minimum width of 500 feet is required for lots: *Revised 1986 **A minimum width of 500 feet is required for lots: A. Located in the Rural Residential (RR) Zone, AND B. Having frontage on a Major Street, AND C. Located on a State numbered Arterial Route as designated on the Zoning Map, AND D. Located on or within 1,000 feet of Major Street road grades excess of 5 percent. Table 6 - Lot Requirements with Special Permit ,,TABLE,6, Width,Front Yard,,Side Yards, ,,TOTAL,MAJOR,MINOR 75' Min.,10' Min.,28' Min.,20' Min. Exclusive of Driveway,3' Min. Recom. 6' Max.w/out Driveway; 14' Recom. max. With Driveway 2) Front yard depth. On Minor Streets or other streets whose pavement width is at least twenty-six (26) feet, which have curbing unlikely to be widened in the future, the minimum yard requirements may be altered as stated herein. Such setbacks shall be allowed only when appropriate in relationship to other setbacks on the street and to the general character of the area, as determined by the Board of Appeals. The requirements of Section 300.08 shall be followed to create a variety in the setbacks along the street. 3) Side yard requirements. The principle structure should normally be sited so that one side yard is of minimum width and the other is thereby made larger and more useable. The major side yard shall normally be at least twenty (20) feet wide. The minor side yard should not be less than three (3) feet and should normally be no larger than six (6) feet, unless it accommodates a driveway, in which case it should be no wider that fourteen (14) feet. The width of side yards and their relationship to principle structures on the lot and to yards and structures on adjacent lots should be varied along the street. The width of side yards should be carefully considered in relation to the depth of the front yard, placement of the driveway, placement of permanent walls and accessory structures, if any trees and other major plantings, the topography, side yards and front yards on adjacent lots, and distances between structures on adjacent lots. These relationships should be varied from lot to lot along the street and shall not be the same for more than three contiguous lots. Where appropriate, accessory buildings of approved design and construction may be placed within four (4) feet of side lot line, provided that such structures shall not violate any requirements controlling distances between buildings, or shall any such structure be placed to cause any structure subsequently built on any adjacent lot not to comply with the intent of this section. 4) Distances between buildings on adjacent lots. No part of any structure shall be within sixteen (16) feet of any part of another structure on another lot and no part of any principle residential structure shall be within twenty-one (21) feet of any other principle residential structure. In addition, each wall of every building shall have a yard space in the shape of an isosceles triangle whose base shall be a straight line connecting the extreme ends of the wall and whose altitude (depth of yard) shall be equal to the length of the wall multiplied by one of the following factors: What is the longest frontage requirement for single family residential development in any district? Instructions: Answer the question using the context with an integer and explain your answer [/INST] 200, According to the zoning excerpt, District RR requires 200 ft. of frontage, which is the longest such requirement. " "[INST] Context: pal or accessory non-residential uses shall be set back no less than twenty-five (25) feet from any public or private street within a PRDS. c. Minimum Lot Width Lot width one hundred ten (110) feet. d. Maximum Building Area Sixty (60) percent of the total upland land coverage. e. Distance Between Buildings Twenty-five (25) feet between the sides of buildings, and fifty (50) feet between the backs of buildings. f. Perimeter Buffer Area Thirty (30) feet. The buffer area shall remain in its natural condition or be densely planted and in the opinion of the SPCA, provide suitable screening of abutting properties, except for access roadways. The SPGA may reduce the width of the buffer at appropriate locations, taking into account the character of open space use of abutting properties or the existence or requirement of buffer thereon. 6. Building and Dwelling Unit Requirements a. No building or structure shall have a height greater than thirty-six (36) feet or three (3) stories. b. Dwelling units shall contain no more than two (2) bedrooms. All dwelling units shall be detached or attached only along sidewalls in the so-called ""townhouse"" style, and no building shall contain more than four (4) units. No mobile homes shall be allowed. c. Accessory buildings and structures for use by residents and their guests may be permitted, including clubhouse or community center, swimming pool, and tennis court, as well as storage and maintenance structures intended to service the PRDS. Such accessory buildings and structures shall be shown on the site plan. d. Multiple buildings shall be allowed on a single lot. e. Architectural style shall be in harmony with the prevailing character and scale of buildings in the neighborhood and the Town through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. Variation in detail, form and siting shall be used to provide visual interest and avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate light, air, cir Developments and Multi-Family Housing Developments in Rockland. (5) Any other Districts that may be, in the future, created from the present Single-Family Residential Districts in Rockland. § 415-95. Criteria. A. The DRB's central purpose is to avoid design that would have a negative affect and consequences for the residents of Rockland in general, for nearby residents, or for the remainder of the Districts involved. The DRB is precluded from mandating any official ""aesthetic"" for Rockland or for imposing the style, and/or character of any particular architectural or historical period. B. The following design criteria shall be used by the DRB in reaching its recommendation of APPROVAL or DISAPPROVAL. (1) The design for the proposed project shall not have a deleterious affect upon nearby properties, the balance of the District involved, or upon the design character of Rockland. (2) Insofar as practicable, the proposed design shall preserve the landscape in its natural state by minimizing tree and soil removal and any grade changes shall be in keeping with the general appearance of neighboring and abutting areas. (3) Open space should be so designed as to add to the visual amenities of the vicinity for persons passing the site, persons within the site, and persons overlooking the site from nearby properties. (4) Vehicular ingress, egress, access and parking and/or pedestrian circulation shall not adversely affect the use and enjoyment of nearby properties, or shall be in keeping with the standards of good design. (5) Exposed exterior storage areas, machinery, service areas, loading areas, or utility structures shall be adequately screened and shall not be incongruous with the remainder of the proposed environment and its surroundings. (6) Signs or other advertising through their size, location and other characteristics shall not distract from the proposed buildings, nearby properties, the remainder of the District, or the design character of Rockland. C. The DRB may develop material al condition or be densely planted and in the opinion of the SPGA, provide suitable screening of abutting properties, except for access roadways. The SPGA may reduce the width of the buffer at appropriate locations, taking into account the character of open space use of abutting properties or the existence or requirement of buffer thereon. § 415-66. Building and dwelling unit requirements. A. No building or structure shall have a height greater than 36 feet or three stories. B. Dwelling units shall contain no more than two bedrooms. All dwelling units shall be detached or attached only along sidewalls in the so-called ""townhouse"" style, and no building shall contain more than four units. No mobile homes shall be allowed. C. Accessory buildings and structures for use by residents and their guests may be permitted, including clubhouse or community center, swimming pool, and tennis court, as well as storage and maintenance structures intended to service the PRDS. Such accessory buildings and structures shall be shown on the site plan. D. Multiple buildings shall be allowed on a single lot. E. Architectural style shall be in harmony with the prevailing character and scale of buildings in the neighborhood and the Town through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. Variation in detail, form and siting shall be used to provide visual interest and avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate light, air, circulation, and separation between buildings. § 415-67. Land use density. The total number of dwelling units shall be limited to four units per upland acre. For purposes of the dwelling unit calculation, the land area used shall not include any wetlands as defined by the Massachusetts Wetlands Protection Act. § 415-68. Total number of PRDS units in Town. The SPGA shall not approve a Special Permit for a PRDS which would cause the total number of PRDS dwelling units for which Special Permits have been issued ( uded in the area of a Planned Unit Development for the purpose of computing compliance with the open space requirements of these guidelines, but no common recreation areas shall be located within the buffer area nor shall any common recreational area be considered as a part of any buffer area. 3. Boundary Line and Internal Street Setback Requirements a. Boundary Line Setback Requirements All buildings, structures and uses shall be set back no less than twenty-five (25) feet from all external streets. b. Internal Street Setback Requirements All buildings and structures for principal or accessory nonresidential uses shall be set back no less than twenty-five (25) feet from any public or private street within a Planned Unit Development. 4. Building Height No building or structure shall have a height greater than as provided in Section V.A. of the Zoning By-Law. 5. Distance Between Buildings The minimum distance between any two buildings other than buildings containing common walls and used as townhouses shall not be less than as computed under the following formula: S= {LA+LB+[2(HA+HB)]} ________________ 5 Where: S= required minimum horizontal distance between any wall of Building A at any given level, and any wall of Building B, at any given level, or the vertical prolongation of either. LA= total length of Building A. Building A shall be that structure which is of equal or greater length of the two buildings selected. LB= total length of Building B. HA= height of Building A. The height of Building A is the average height above the finished grade of the structure. HB= height of Building B. The height of Building B is the average height above the finished grade of the structure. Example: Building A is 120 feet long and 28 feet high Building B is 110 feet long and 26 feet high S={(LA+LB) + [2(HA+HB)]} _____________________ 5 S={(120'+110') + [2(28'+26')]} ___________________________ 5 S={(230') + [2(54' back a minimum of 10 feet from any property line and the ten-foot set back shall be properly landscaped and maintained. (b) In the Business 1 District, all parking areas, loading areas and areas used for access, egress or onsite circulation shall be set back a minimum of 10 feet from any property line and the ten-foot set back shall be properly landscaped and maintained. The parking requirement for the Business 1 District maybe met in whole or in part by off-site parking upon the issuance of a Special Permit by the Zoning Board of Appeals. (c) In the Business 2 District all parking areas, loading areas and areas used for access, egress or onsite circulation shall be set back a minimum of the 10 feet from any property line and the ten-foot set back shall be properly landscaped and maintained. Further, the front property line shall have a twenty-foot landscaped buffer zone along the entire width of the front lot line with the exception only of sidewalks and driveways. (d) In all Industrial Districts, which do not abut any Residential District, all parking areas, loading areas and areas used for access, egress or onsite circulation shall be set back a minimum of 10 feet from any property line and the ten-foot setback back shall be properly landscaped and maintained. (e) In all Industrial Districts which abut any Residential District all parking areas, loading areas and areas used for access, egress or onsite circulation shall be set back a minimum of 30 feet from any property line and the thirty-foot set back shall remain unaltered and in a state of natural vegetation. B. Yard regulations. (1) Obstruction to sky. Every part of a required yard must be open to the sky, unobstructed except for accessory buildings in the rear or side yards, and except for the normal projection of porches, balconies, steps, sills and cornices. (2) Side yard of corner lot. Any corner lot shall have a side yard equal in width to the minimum front yard requirement of any adjoining lot fronting on the side street. The minimum side yard setback shall be 10 feet. (3) Transition yard requirements. (a) Front yar What is the longest frontage requirement for single family residential development in any district? Instructions: Answer the question using the context with an integer and explain your answer [/INST] I don't know, Minimum frontage requirements are not discussed in the provided excerpt, so this question cannot be answered. " "[INST] Context: nd moderate-income affordable units shall be subject to an affordable housing restriction pursuant to M.G.L. c.184. c. The Building Inspector shall not issue an occupancy permit to the applicant without receipt of evidence that the use restriction approved by the Planning Board prior to the issuance of a Special Permit has been recorded at the Registry of Deeds. 4.1.4.Minimum Design Standards a. A multi-family building shall contain no less than three and no more than six units unless waived by the Planning Board, and shall not exceed a building height of 35 feet and two and one half stories. b. Multi-family housing shall avoid monotonous, look-alike designs and promote high standards of exterior quality and appearance. c. Applicants shall comply with Section 5, Parking and Loading, for number of off-street parking spaces per unit. At least one space shall be located so as to provide convenient access to its assigned dwelling unit. Parking garages will be permitted as a parking space if located and designed so as to complement the building design and site layout. d. All residential buildings shall be oriented toward the street or the interior road that provides access to them, with parking spaces located to the rear of a building or on the side, provided that no parking is located within 20 feet of the front facade of the building. e. Setbacks. 1. Multi-family housing shall provide a rear setback of at least 50 feet to an abutting single-family residence. If the Planning Board finds that a setback of lesser width would be sufficient to screen and/or separate the development from adjacent property, the setback may be reduced. In its discretion, the Planning Board may require no-cut easements, conservation restrictions or the like where the setback has been reduced. The Planning Board may also reduce the rear yard setback for multi-family housing of five or fewer units if the building is architecturally similar to single-family residences in the same general area. 2. The front yard shall be landscaped with indig 1. Front: 20 feet 2. Side: 15 feet 3. Opposite Side: 30 feet 4. Rear: 25 feet d. Maximum Front Yard Setback: 40 feet e. Lot Width: 100 feet f. Building & Use Intensity 1. Maximum Height: 45 feet 2. Maximum Number of Stories: 3 stories 3. Maximum Lot Coverage: 75% 4. Maximum Building Coverage: 25% 5. Maximum Floor Area Ratio: .60 6. Minimum Open Space % Lot Area: 25% 3.10. Industrial District (revised 06/08/2009) 3.10.1.Use Regulations a. Permitted Industrial Uses: 1. Research, experimental and testing lab 2. Light manufacturing and manufacturing which is incidental to research, experimental and testing laboratories, whether enclosed or otherwise 3. Enclosed manufacturing 4. Exterior storage, as an accessory use, exclusive of junk cars or other junk items, provided that the exterior storage is screened from view, by a fence or appropriate landscaping, from abutting streets or properties 5. Beverage bottling or food packaging plant, but not including meat and fish processing 6. Plant for dry cleaning, cold storage or freezing 7. Above-ground storage of gas and petroleum products 8. Commercial parking lot 9. Professional or business office 10. Gasoline service stations and automobile repair shops (not including junkyards) providing that there shall be no storage of automobiles on the premises other than those in the process of or awaiting repair or awaiting delivery or pickup after repair 11. Public utility 12. Accessory industrial uses 13. Shop of an electrician, painter, paper-hanger, plumber, upholsterer, carpenter, cabinet maker, general appliance repair person, or of a person engaged in a similar occupation b. Uses Allowed by Special Permit from the Planning Board 1. Private and commercial communication towers and antennas for radio, television, and/or wireless telecommunications, subject to Section 4.15 2. Assembly, fabrication, processing ,printing, wholesaling and distribution, warehousing and interior storage 3. Contractor's yard 4. Sale of automobiles and trucks, accessories, farm equipment, aircraft, motorcycles, and camping trailers c. Uses Allowed by Special Permit from the Board of App b. Minimum Frontage: 100 feet c. Minimum Yard Setbacks: 1. Front: 20 feet 2. Side: 15 feet 3. Opposite Side: 30 feet 4. Rear: 50 feet d. Maximum Front Yard Setback: 40 feet e. Lot Width: 100 feet f. Building & Use Intensity 1. Max. Height (Feet): 35 feet 2. Maximum Number of Stories: 2.5 stories 3. Maximum Lot Coverage: 65% 4. Maximum Building Coverage: 18% 5. Maximum Floor Area Ratio: .45 6. Minimum Open Space % Lot Area: 35% 3.7 Great Road West Mixed-Use District (revised 06/08/2009) The purposes of the Great Road-West Mixed-Use District are to encourage the development of a small, economically viable village node with low-impact uses, to provide a limited mix of goods and services to local residents, and to protect an environmentally sensitive area. 3.7.1. Use Regulations a. Permitted Commercial Uses: 1. Retail store 2. Retail sale of baked goods and manufacture of same for sale on the premises 3. Personal service, such as a barber and beauty shop, shoe and hat repair, dressmaking, tailor shop where no work is done on the premises for retail outlets elsewhere 4. Restaurant for the serving of food or beverages inside the premises or outside but on the premises, such as at tables on an adjoining deck or patio, excluding drive-through service 5. Shop for custom work involving the manufacture of articles to be sold on premises; or shop and display area of an upholsterer, cabinet-maker or similar craftsperson receiving customers on the premises 6. Banking or Automated Teller Machine, where public access is available only from within a building and is operated in connection with other uses in the same building 7. Professional or business office 8. Accessory uses customarily incidental to a permitted commercial use, in accordance with Section 2.5 9. Business Service Establishment 10. Take-out food establishment or delicatessen where food is prepared and sold at retail but not consumed on the pr 4.SPECIAL REGULATIONS 4.1 Multi-Family Housing (Revised 11-01-05) In any district where multi-family housing is a permitted or special permitted use, it shall be subject to the following requirements, except that multi-family units in an Low Impact Development shall comply with the regulations in Section 4.2A of this Bylaw. 4.1.1.Site Plan Review Multi-family housing is subject to Site Plan Review under Section 7 of this Bylaw. 4.1.2.Maximum Density a. Where conversion of an existing single-family dwelling to three multi-family units is a permitted use or a use allowed by special permit, the minimum lot area shall be at least 1.5 times that of the applicable minimum lot area for a single-family dwelling. b. For multi-family housing of four (4) units or more, the maximum density is as follows: District,Maximum Density R-3,""20,000sf for the first unit plus 10,000sf for each additional dwelling unit, up to a maximum of 24 units"" ""Village Business, Mixed-Use, or Commercial District"",""20,000sf for the first unit plus 10,000sf for each additional dwelling unit, up to a maximum of 36 units"" c. More than one principal building may be permitted on a single lot by Special Permit from the Planning Board. No principal building may contain less than three (3) units nor more than six (6) units unless waived by the Planning Board. 4.1.3.Affordable Housing Requirement a. To qualify for a Special Permit for multi-family housing of four or more units, the applicant must include housing affordable to low- or moderate-income households as defined in this Bylaw, as follows: the seventh unit and every sixth unit thereafter shall be a low- or moderate-income housing unit. Nothing in this section shall preclude an applicant from providing more low- or moderate-income housing units than the minimum required by this Bylaw. b. All low- and moderate-income affordable units shall be subject to an affordable housing restriction pursuant to M.G.L. c.184. c. The Building Inspector shall not issue an occupancy permit to the applicant without a and frontage requirements so as to create a development in which the buildings and accessory uses are clustered together into one or more groups with adjacent common open land. LOW- OR MODERATE INCOME HOUSEHOLD : A household with income at or below 80% of area median income, as determined from time to time by the U.S. Department of Housing and Urban Development. LOW- OR MODERATE INCOME HOUSING : A dwelling unit that is affordable to a low- or moderate-income household; see also, Affordable Housing. MOBILE HOME PARK : Any lot of land upon which three (3) or more mobile homes occupied for dwelling purposes are located, including any buildings, structure, fixtures and equipment used in connection with mobile homes. MOBILE HOME : Any vehicle or object on wheels and having no motive power of its own, but which is drawn by or used in connection with, a motor vehicle, and which is so designed, and constructed or reconstructed or added to by means of such accessories as to permit the use and occupancy thereof for human habitation whether resting on wheels, jacks or other foundation, and shall include the type of vehicle commonly known as mobile home. MUNICIPAL USE : Premises used for any operation by the Town government except as elsewhere more specifically defined. NONCONFORMING USE : A use of a building or land that does not conform to all the land use regulations of this Bylaw for the district in which it is located, which use was in existence at the time said land use regulations became effective. OFF-STREET PARKING : That portion of a lot set aside for purposes of parking, including any necessary aisle space in said facility, but not including roadways or drives connecting said off-street parking space or lot with a street or thoroughfare. PRINCIPAL USE : The main use of land or structures on a lot, as determined by the Building Inspector/Zoning Enforcement Officer. PRIVATE GARAGE : Covered space for the housing of motor vehicles, no more than two (2) of which belong to other than the occupants of the lot on which such space is located. ROOMING OR B What is the longest frontage requirement for single family residential development in any district? Instructions: Answer the question using the context with an integer and explain your answer [/INST] I don't know, Minimum frontage requirements are not discussed in the provided excerpt, so this question cannot be answered. " "[INST] Context: mum frontage of 50', even though they do not meet the minimum lot frontage, requirements at the street boundary line, only when the total lot size is five acres or more. In any event, no more that twenty-five percent of the lots in a subdivision or fronting on a street in existence as of June 1, 1994 may be pork chop lots. (iii)Frontage: A minimum of 180 feet of frontage is required for all single-family residential lots and 270 feet of frontage is required for all duplex residential lots, with the exception of the following: (1) pork chop lots (see above), which may be permitted with a Special Permit at the discretion of the Planning Board acting as the SPGA; (2) when density is averaged by Special Permit (see above). (iv) Minimum Lot Width: A minimum of 50 foot width is required for all residential lots. (b) Dimensional Requirements (except setbacks - Multi-Family Residential: Multi-family residential dimensional and site development requirements shall be in accordance with Section 4.2 of the Sterling Protective By-law except for the following: (1) There is no minimum lot size. (2) Density, pork chop lots, frontage and minimum lot width shall follow the standards for single-family and duplex residential in Section 4.7.5.5 (a)(i). (3) Setback requirements shall follow the provisions in Section 4.7.5.5 (d). (c) Dimensional Requirements (except setbacks) - Non-Residential: (i) Density: There is no formal density requirement for non-residential uses, but density is indirectly controlled by the height restriction in the Sterling Protective By-law, and by the impervious surface limitation, the traffic limitation and the other Performance Standards in this Section 4.7. (ii) Frontage: Minimum required frontage is 20 feet. (iii) Minimum Lot Width: There is no minimum lot width. (d) Setbacks/Buffer Yards: The purpose of perimeter buffer yards is to screen adjacent land uses from adversely impacting adjacent areas. No structures are permitted in any buffer areas except as in 4.7.5.5 (d)(vi) below. No veh ion and/or proposed plantings provide effective visual screening. (2) Principal buildings on a lot in single ownership shall be no less than one hundred (100) feet apart from each other. (3) All dwellings and structures shall be located a minimum of 150 feet from adjacent surface waters or wetlands, unless greater restrictions are imposed by state law. (4) Peak stormwater runoff from the site shall not be increased in a ten-year storm. (b) Building Design (1) No structure shall contain more than eight (8) dwelling units, and no building entrance shall serve more than two (2) dwelling units. (2) Not more than five percent (5%) of the dwelling units in a multifamily development shall have more than two (2) bedrooms. (3) No floor except an unoccupied basement shall be below grade at its entire perimeter. (c) Circulation and Parking (1) No parking area shall contain more than sixteen (16) parking spaces. All parking areas shall be connected to the structures by walkways. (2) All parking areas shall conform to the design requirements set forth in Section 3.2.4; and all parking areas, loading areas, and refuse disposal areas shall conform to the landscaping requirements set forth in Section 3.2.6. Buffer areas shall be retained in their natural vegetative state to the maximum extent feasible. (3) Any road or driveway serving 12 or more dwelling units shall have at least 250 visibility in each travel direction, and shall be separated from all other driveways or intersecting streets by at least 150 feet. (4) Interior roads and utilities shall provide service functionally equivalent to that assured individual lots under the Planning Board's Subdivision Rules and Regulations. (d) Open Space (1) At least sixty percent (60%) of the parcel shall be maintained as open space, and at least forty percent (40%) of the parcel shall be contiguous open space, excluding required yards and buffer areas. (2) The required open space shall be used for conservation, recreation, agricul TS 2.4.1 Residence in Commercial Districts A residential use located in a commercial district shall conform to the dimensional requirements of the nearest residential district. 2.4.2 Single Family or Two Family Dwellings on Non-Conforming Lots. In any district except a light industrial district, a single family or two family dwelling may be erected on a non- conforming lot in accordance with the provisions of G.L. c40A, s,6, papa.4, which states, in pertinent part: [a]ny increase in area, frontage, width, yard, or depth requirements of a zoning ordinance or by-law shall not apply to a lot for single and two family residential use which at the time of recording or endorsement, whichever occurs sooner was not held in common ownership with any adjoining land, conformed to then existing requirements and had less than the proposed requirement but at least five thousand square feet of area and fifty feet of frontage. Any increase in area, frontage, width, yard or depth requirement of a zoning ordinance or by-law shall not apply for a period of five years from its effective date...to a lot for single and two family residential use, provided the plan for such lot was recorded or endorsed and such lot was held in common ownership with any adjoining land and conformed to then existing requirements as of January first, nineteen hundred and seventy-six, and had less area, frontage, width, yard or depth requirements than the newly effective zoning requirements but contained at least seven thousand five hundred square feet of area and seventy-five feet of frontage, and provided... further that the provisions of this sentence shall not apply to more than three of such adjoining lots held in common ownership. 2.4.3 Change in Lot Configuration. No lot on which a building is located shall be reduced or changed in shape so that the building or lot fails to comply with the minimum lot area, lot width, minimum yard requirements, or other provisions of the by-law applicable to the lot or building. 2.4.4 Multiple Buildings or Uses on a Lot. Multiple principal uses or building on the same lot each must meet the dimensional requirements of Section 2.5 without counting any area, frontage or yard twice. Not m length in excess of 675 feet from the right of way edge of the intersecting street to the furthest right of way edge of the dead-end street. In cases where the corner lots at the intersection of the proposed street and existing street is part of the subdivision plan. In the case of a lane with one or both corner lots being pre-existing buildable lots the 675 feet will be measured from the mean of their back lot lines where they intersect with proposed road. The Board may waive this provision due to unusual topography or other conditions. 4252. A lane or dead-end street shall not have a grade in excess of three (3) percent for the last one hundred (100) feet of its closed end. 4253. Lanes or dead-end streets shall be provided at the closed end with a circular turn-around having a minimum paved radius of fifty-seven (57) feet and a maximum paved radius of sixty-eight (68) feet. The right of way radius around the turn-around shall be ten (10) feet greater than the paved radius. The turn-around shall be provided with an unpaved center island with a twenty (20) foot radius and will be landscaped as per Section 4531. 4254. Temporary dead-end streets shall also provide the turn-around set forth in Section 4253, which may be located in part on easements over lots, so long as contractual assurance is provided that upon extension of the street in question, the turn-around shall be removed and replaced with proper plantings and landscaping. Turnarounds shall permit maneuvering without backing. 4255. Only lanes and cartways may be permitted to be dead-end streets. 4256. Permanent dead-end water mains shall not be allowed. Easements shall be provided where necessary to allow for extension or looping of mains through subsequent development. Such extension or looping shall be at the expense of the sub-divider where required by the Board. This Section may be waived by the Board upon the recommendation of the DPW Superintendent provided that the dead end line be provided with a fire hydrant within the right of way at the far end of the cul-de-sac, beyond the last water tap, suitable for water line flushing purposes. 4260. Construction of Roadways 4261. Each street shall be constructed on t erwise exempted herein. A street may provide frontage only upon a determination by the Planning Board that it provides adequate access for fire, police, and emergency vehicles. Lot frontage shall be measured continuously along street lines between side lot lines. Lots with interrupted or discontinuous frontage must demonstrate that the required length along the street may be obtained from one (1) continuous frontage section, without any totaling of discontinuous frontage sections. HAZARDOUS OR TOXIC MATERIAL shall mean a material which is hazardous to human health or to the environment, as defined by the U.S. Environmental Protection Agency and under 40 CFR 250 and the regulation of the Massachusetts Hazardous Waste Act, G.L.21C. HOME OCCUPATION shall mean an occupation, business, trade, service or profession subordinate and incidental to the principal residential use of property conducted on the premises by the owner/occupant thereof. HOMEOWNER'S ASSOCIATION shall mean a corporation or trust owned or to be owned by the owners of lots or residential units within a site, which holds the title to open land and which is responsible for the costs and maintenance of said open land and any other facilities to be held in common. HOTEL OR MOTEL shall mean a building or group of buildings providing accommodations on a transient basis for compensation. JUNKYARD OR AUTOMOBILE GRAVEYARD shall mean the outdoor use of any area of any lot for the storage, salvage, keeping or abandonment of junk, scrap, or discarded materials, or the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof. Kennel, Commercial shall mean one pack or collection of dogs on a single premises, whether maintained for breeding, boarding, sale, training, hunting, or other purposes, and including any shop where dogs are on sale, and also including every pack or collection of more than four (4) dogs, three months old or older, owned or kept by a person on a single premises regardless of the purposes for which they are maintained or kept. L What is the longest frontage requirement for single family residential development in any district? Instructions: Answer the question using the context with an integer and explain your answer [/INST] I don't know, Minimum frontage requirements are not discussed in the provided excerpt, so this question cannot be answered. " "[INST] Context: lities and public services in a more economical and efficient manner; to encourage a less sprawling form of development; and to minimize the total amount of disturbance on the site. 5220. Applicability. The Planning Board may grant a Special Permit for a Flexible Development in Single Residence ""A"", Single Residence ""C"", and the Wayside Inn Historic Preservation Residential Zoning Districts for the construction of single family detached dwellings and accessory structures, subject to the provisions of this Section 5200. 5230. Standards. The following standards shall apply to all Flexible Developments: 5231. Minimum Tract Size. Flexible Developments shall be located upon a single tract, in common ownership with definite boundaries ascertainable from recorded deed or recorded plan, having an area of at least 10 acres and undivided by land of separate ownership or by a private or public right-of-way. 5232. Number of Building Lots Permitted. The total number of building lots in a Flexible Development shall be equal to the number of buildable lots permitted under a conventional subdivision, with each lot satisfying minimum lot area, frontage and all other applicable zoning regulations, possessing suitable soils for the construction of a single family wastewater disposal system as determined by the Board of Health, and sufficient upland, buildable area to sustain a single family home. 5233. Dimensional Requirements. Where the requirements of this section differ from or conflict with the requirements of Article 2000, the requirements of this section shall prevail. The following minimum dimensional requirements shall be observed in all Flexible Developments: DISTRICT,A-RES,C-RES,Wayside Inn Zone Minimum Lot Area,""30,000 sq. ft."",""40,000 sq. ft."",2 acres Minimum Frontage 3,120 ft.,120 ft.,120 ft. 3 Provided, however, that where 100% of the frontage is located along the arc of the circular turnaround of a cul-de-sac, minimum frontage shall be 90 feet, further provided a front building line is designated for such a , however, that where 100% of the frontage is located along the arc of the circular turnaround of a cul-de-sac, minimum frontage shall be 90 feet, further provided a front building line is designated for such a lot and the width of the lot at the building line is at least equal to 120 feet. 5234. Single dwelling per lot. No more than one single family dwelling and its accessory structures and uses may be located on a lot created under this Flexible Development Bylaw. 5235. Restriction Against Further Development. No Flexible Development for which a Special Permit has been issued under this section may be further subdivided. A notation to that effect shall be made on the Definitive Plan prior to endorsement by the Planning Board and recording in the Registry of Deeds or the Land Court. In addition, a perpetual restriction, running with the land, and enforceable by the Town of Sudbury, shall be recorded with respect to the land within the Flexible Development. Such restriction shall provide that no lot in the Flexible Development may be further subdivided into additional building lots. Said restriction shall be in such form and substance as the Planning Board shall prescribe and may contain such additional restrictions on development and use of the lots as the Planning Board may deem appropriate. 5236. All applications for Flexible Development shall require subdivision approval pursuant to G.L. c. 41, and shall conform to the Preliminary or Definitive Plan requirements, and all design and construction standards in the Rules and Regulations Governing the Subdivision of Land, as may be amended. 5240. Planning Board Action. A Special Permit for Flexible Development shall be granted only if the Planning Board determines the proposal better serves the bylaw purposes than would development under otherwise applicable requirements by the incorporation into the proposal of one or more of the following elements: 5241. Traffic circulation and safety would be improved through a reduction in length of streets or creation r eligible household. 5333. Applicant Qualifications. The applicant for a Special Permit for a SRC shall be the owner of the tract proposed for such development or be authorized in writing by the owner to apply for and be issued such Special Permit, and shall establish to the satisfaction of the Planning Board that the applicant has knowledge, experience and financial resources sufficient to construct and complete the development. 5334. Number of Dwelling Units Permitted. The maximum number of dwelling units in a SRC shall be computed based on the number of buildable lots permitted under a conventional subdivision, with each lot satisfying minimum lot area, frontage and all other applicable zoning regulations for which district the parcel is located within, possessing suitable soils as determined by the Board of Health, and sufficient upland, buildable area to sustain a single family home. In Village Business Districts and Research Districts, a minimum lot area of 40,000 sq. ft. and minimum frontage requirement of 180 feet shall be used to calculate each buildable lot. For the purposes of this section, minimum lot area in every district shall contain no more than 25% which is underwater land or wetland resource as defined in G.L. c. 131, s.40, or in the Sudbury Wetlands Administration Bylaw. For each buildable lot calculated, a maximum of five (5) bedrooms shall be permitted. The number of bedrooms shall determine the number of units, pursuant to section 5336 below, with the maximum number of bedrooms in any unit being less than or equal to 3. 5335. Perimeter Buffer. A 100-foot wide buffer between a SRC and abutting properties is required around the entire SRC perimeter; provided, however, that access roads and pedestrian paths may cross the buffer at the discretion of the Planning Board, and the Planning Board may otherwise reduce the width of the buffer to no less than 50 feet at appropriate locations, taking into account the character or open space use of abutting properties or the existence or requirement of e of this Zoning Bylaw. For the purposes of zoning, a corner lot shall be considered to have two front yard setbacks. **Webmasters Note: The previous subsection has been added as per an update approved at a town meeting held on 4/7/03. 2642. In Business Districts, Village Business Districts and Limited Business Districts, buildings and structures may not cover more than seventy-five percent (75%) of any corner lot. 2643. The open space required by the Table of Dimensional Requirements, Appendix B shall be so located as to properly light and ventilate building(s) and give access in case of fire. 2644. In Industrial Districts, the required front yard along the Post Road, so-called, shall be fifty (50) feet. In Limited Industrial Districts, the required front yard along the Post Road, so-called, shall be one hundred (100) feet. 2645. In Limited Business Districts and Business Districts, the five (5) foot required side yard shall not apply to non-residential buildings having a party wall on the side lot line. 2646. Any dwelling in a Limited Business District or Business District shall have required side and rear yards of twenty (20) feet. 2647. In A-RES, C-RES or Wayside Inn Historic Preservation Districts, a lot having frontage on two or more streets must have the minimum frontage required by the district on only one street and a minimum of one half the . required frontage on the other street or streets. 2648. In all non-residential districts the set-back required from a Single Residence District boundary line need not apply whenever said boundary line is also a street line. 2649. In all Research Districts the set-back from the street center line need only be fifty (50) feet for a gate house, bus stop shelter or security office which is not more than one story in height. 2650. In Limited Business Districts, Business Districts, Limited Industrial Districts and Industrial Districts, no open display, no gasoline pump, and no structure having a height in excess of three feet, except a utility or light pole, shall be nearer to the center or exterior line of any street or way than seventy-five percent of the required set-back and front yard distance, respectively, specified herein for a building in the district in which located. 2651. Location of automobile services. No driveway opening serving a garage for motor vehicle repairs, an automobile filling station, a drive-in busines twenty (20) feet wide. D. Open Spaces Before approval of a plan the Board may require the plan to show a park or parks suitably located for playground or recreation purposes or for providing light and air. The park or parks shall be of reasonable size, but generally not less than five percent (5%) of the area of the land to be subdivided, depending upon the location and quality of the land being set aside. The minimum area acceptable, for later public acquisition, shall be three (3) acres. The Board may by appropriate endorsement on the plan require that no building be erected upon such park or parks without its approval for a period of three (3) years. Land designated for park or playground purposes shall not include wetlands, ledge, or other land unsuitable for recreation purposes. Any open space, park or playground shall provide at least fifty (50) feet of continuous frontage on a street and pedestrian ways will normally be required to provide access from each of the surrounding streets, if any, to which the open space, park, or playground has no frontage. Such parks and/or playgrounds may be required to have maintenance provided for by covenants and agreements acceptable to the Board, until public acquisition is accomplished by the Town. E. Protection of Natural Resources. The Board will require that the Subdivider make every reasonable effort consistent with sound planning to preserve natural features such as large trees, water courses, scenic points, historic spots, and similar community assets, which, if preserved, will add attractiveness and value to the Subdivision. The Board strongly encourages property owners and Subdividers to investigate and make use of conservation grants and easements, particularly in wet areas. The procedures are simple and do not delay Subdivision approval. Information can be obtained from the Board or the Conservation Commission. F. One Dwelling per Lot Not more than one building designed or available for use for dwelling purposes shall be erected What is the longest frontage requirement for single family residential development in any district? Instructions: Answer the question using the context with an integer and explain your answer [/INST] I don't know, Minimum frontage requirements are not discussed in the provided excerpt, so this question cannot be answered. " "[INST] Context: SECTION 4.0. DIMENSIONAL REQUIREMENTS 4.1 GENERAL DIMENSIONAL REQUIREMENTS 4.1.1 Table of Dimensional Requirements. No building or structure shall be constructed nor shall any existing building or structure be enlarged or altered except in conformance with the Table of Dimensional Requirements as to lot coverage, lot area, land area per dwelling unit, lot width, front, side and rear setbacks, and maximum height of structures except as may otherwise be provided elsewhere herein. [Amended 11-16-2009 STM, Art. 14] ,Minimum Lot Area (sq.ft.),Minimum Lot Frontage (ft.),Minimum Front Yard (ft.),Minimum Side Yard (ft.),Minimum Rear Yard (ft.),Maximum Height (stories)-(feet) RA,30000,150,40,10,30,N/A-35 RB,20000,125,30,10,20,N/A-35 RM,30000,150,40,10,30,N/A-35 CH,30000,150,30,10,30,3-35 for dwellings 5 for otherwise CD,""20,000 for dwellings 10,000 otherwise"",125 for dwellings 0 for otherwise,30 for dwellings 0 for otherwise,10 for dwellings 0 for otherwise,20 for dwellings 0 for otherwise,3-35 for dwellings 5 for otherwise CV,15000,100,20,10,20,2.5-35 for dwellings 4 for otherwise CN,5000,50,15,8,35,N/A-30 feet CO,30000,150,40 for dwellings 30 for otherwise,30 for dwellings 10 for otherwise,30,3-35 for dwellings and 3-35 for otherwise I,30000,150,40,30,30,2-35 for dwelling 5 for otherwise 4.1.2 Notes to Table of Dimensional Requirements 1. For two-family dwellings in the RB District, increase minimum lot area by fifty percent (50%). 2. For all requirements for multifamily dwellings, see Section 7.5. 3. Excluding lots of thirty thousand (30,000) square feet or greater, no single or two-family structure shall be greater than four thousand five hundred (4,500) square feet excluding basement and finished attic unless a waiver on the size requirement is approved by the Zoning Board of Appeals by the grant of a special permit. 4. In the CD District, increase minimum lot area for two-family dwellings. 5. In the CN District, access to the rear of the lot shall be via 16' drives. 6. In the CH, CD, and CV Districts: for single-family dwellings not connected to municipal water and se e (25) % maximum. 3. Dwelling Lot Coverage (density) - twenty-five (25) % maximum. 4. Floor Area Ratio - 0.5 maximum. 5. Distance between common use buildings/structures - thirty (30) feet. 6. Additional Parking Provisions - in addition to individual dwelling unit parking requirements addressed, supra, within the development, separated and screened from the majority of dwelling units, there shall be provided an additional paved and lined parking area, equivalent to twenty (20) % of that which is provided for dwelling units, for the longer-term parking and storage of recreation-type vehicles, not used on a daily basis; such area may additionally serve to accommodate overflow guest parking and may be located within any qualifying open space along the perimeter of the development. 7. The right-of-way network shall be so designed and constructed as not to allow vehicular traffic throughout the development from neighboring parcels or streets. Road signs shall be posted to indicate ""NOT A THRU STREET,"" or other appropriate wording, to temper unnecessary intrusion of off-site traffic. 8. Paved sidewalks shall be located and constructed to the bounds of the development from interior roadways to provide pedestrian access to neighboring streets and abutting parcels, if practical, as determined by the Planning Board. 9. Along the perimeter of the development parcel, for a depth of thirty (30) feet minimum, landscape greenery or other buffering/screening method(s), in place at the time of development, which can serve to obstruct the view of adjacent land use properties from one another, shall remain undisturbed; except for underbrush clearing and general maintenance. If such existing buffering/screening is deemed insufficient it shall be supplemented, as determined by the Planning Board. 10. Rights-of-way, driveways and sidewalks within the development shall meet such width, grades, radius of curvature and construction standards as required by the Planning Board Subdivision Rules and Regulations red (300) feet or one hundred fifty (150) feet if abutting other premises developed for multifamily use. 3. Front, side and rear yards shall be not less than fifty (50) feet, except that no multifamily structure or parking area serving a multifamily structure shall be less than three hundred (300) feet from any existing public street or less than two hundred (200) feet from any other premises not zoned RM. 4. Within the three-hundred-foot street setback, there shall be no development, except for access drives essentially perpendicular to the street, and no removal of trees having trunk diameter of six (6) inches or greater, except as essential for access and safe visibility for egressing vehicles and to remove unhealthy trees. 5. Required yards abutting a public way and required side and rear yards shall be maintained or landscaped so as to provide a dense planting of trees and shrubs with an effective height of at least six (6) feet. 6. Building height shall not exceed twenty-eight (28) feet. No building shall exceed two (2) stories in height. 7.5.8 Building Design. 1. Each building entrance shall give access to no more than two (2) dwelling units. 2. No floor except an unoccupied basement shall be below grade at its entire perimeter. 3. No structure shall contain more than twelve (12) dwelling units. 7.5.9 Decision. In considering approval of a special permit, the Zoning Board of Appeals shall seek an advisory from the Planning Board or its designated agent on the advisability of reducing lot area to seventy-five percent (75%) of that otherwise required herein for any development sponsored by a public agency, nonprofit, limited dividend organization or cooperative in which forty percent (40%) or more of the dwelling units are to be subsidized for people of low or moderate income under programs regulated and financially assisted by agencies of the government of the United States or of the Commonwealth of Massachusetts under programs for that purpose. The special permit shall wo-family dwellings. 5. In the CN District, access to the rear of the lot shall be via 16' drives. 6. In the CH, CD, and CV Districts: for single-family dwellings not connected to municipal water and sewer, increase minimum lot area by 50%; for two-family dwellings not connected to municipal water and sewer, increase minimum lot area by an additional 50%. 7. In the CN District, lot coverage by buildings shall not exceed 15%. 8. In the CO District, lot coverage by buildings shall not exceed 30% and minimum building separation shall be 20 feet. 9. In the CO District, the front, side and rear setback for office use shall be increased to 60' when all or any part of the front, side or rear yard includes the 100 foot buffer area provided for herein being a separate landscape buffer area along the northern edge of the zoning district, running easterly from a point on Chestnut Street, adjacent to land now or formerly of Frank Summers, a distance of 63.82 feet, and then running northerly along said land of Frank Summers a distance of 110 feet, and then running easterly along the northern boundary of the zoning district perpendicular to Mount View Drive, a distance of 566.31 feet, (the ""Northernmost Zone Line""). 10. In the CO District, the Front, Side and Rear Setbacks for Parking and Signs shall be increased to 100 feet when all or any part of the front, side, or rear yard includes the 100 foot buffer area provided for herein being a separate landscape buffer area along the northern edge of the zoning district, running easterly from a point on Chestnut Street, adjacent to land now or formerly of Frank Summers, a distance of 63.82 feet, and then running northerly along said land of Frank Summers a distance of 110 feet, and then running easterly along the northern boundary of the zoning district perpendicular to Mount View Drive, a distance of 566.31 feet, (the ""Northernmost Zone Line""). 4.1.3 Accessory structures. Accessory structures may not be placed within required yards, except that permitted signs or roadside stands may be located within a required front yard area, and a permitted on g formula shall determine the number of residential dwelling units permitted per acre in a Rail Transit District: Allowed Units Per Acre (as provided by this By-Law) x Usable Acres (as defined below) = Number of Permitted Residential Dwelling Units Usable Acres = Total Acres shall mean: (i) for the Transit Village Community (TVC) the aggregate area in Area A, Area E and Area F combined; and (ii) the aggregate area in Area B, Area C and Area D combined, as the case may be. [- 10% exclusion for Open Space] [- the lesser of (i) 20% exclusion for Impervious Surfaces; or (ii) actual Impervious Surfaces)] [- Wetlands (90% of Wetlands as determined by Conservation Commission or other applicable authority unless such Wetlands are situated in the perimeter of the Rail Transit District area or included as part of design elements in any golf course in which event the area of such qualifying Wetlands shall not be deducted or wetland areas which are part of EPA Operable Unit I and Operable Unit III).] 7. Front Yard. The minimum front yard within any development component parcel shall be twenty-five (25) feet with parking restricted to no closer than ten (10) feet from rights-of-ways, except in a Transit Village Community (TVC) where parking shall be permitted to directly abut rights-of-ways. 8. Side Yard. The minimum side yard within any development component parcel shall be twenty-five (25) feet. Notwithstanding anything to the contrary contained herein, in no event shall Dwelling Multifamily, For Rent; Age Restricted Multifamily, Age Restricted, Attached; or Age Restricted, Detached with a height in excess of two (2) stories above grade (3 stories at the rear of the building if the slope of the land permits) be located within 200 feet of the property line of the residential properties which abut Area F and which are outside the Rail Transit District (RTD). 9. Rear Yard. The minimum rear yard within any development component parcel shall be thirty (30) feet. Notwithstanding anything to the contrary contained herein in no event shall Dwelling, Multifamily, For What is the minimum lot size for each zoning district? Instructions: Reply with a list of zoning districts with their respective lot size minimums. Do this for as many districts as possible. [/INST] RA : 30000 RB : 20000 RM : 30000 CD: 20,000 for dwellings, 10,000 otherwise CH : 30000 CV : 15000 CN : 5000 CO : 30000 I : 30000 Note that some of these districts have additional requirements or restrictions based on the specific use case, so it's important to consult the full table and the relevant zoning regulations before making any decisions., My answer is based on the Table of Dimensional Requirements. " "[INST] Context: ARTICLE VI, Dimensional and Density Regulations § 235-18. Applicability. The regulations for each district pertaining to minimum lot area, minimum lot width, minimum lot depth, minimum front yard depth, minimum side yard width, minimum rear yard depth, maximum height of buildings, maximum number of stories, maximum building area, maximum floor area ratio and minimum open space shall be as specified in this section and as set forth in the Table of Dimensional and Density Regulations and subject to the further provisions of this chapter. (Ord. No. 16985C, 11-27-1972) § 235-19. Table of Dimensional and Density Regulations. See table at the end of this chapter plus attached notes, which are declared to be part of this chapter. (Ord. No. 16985C, 11-27-1972) § 235-20. Reduction of lot area. The lot or yard areas required for any new building or use may not include any part of a lot that is required by any other building or use to comply with any provisions of this chapter, nor may these areas include any property of which the ownership has been transferred subsequent to the effective date of this chapter if such property was a part of the area required for compliance with the dimensional regulations applicable to the lot from which such transfer was made. At least 60% of the lot area required for zoning compliance shall be contiguous land other than land located in a wetland, as defined in MGL c. 131, § 40, or land located under a brook, creek, stream, river, pond or lake. (Ord. No. 16985C, 11-27-1972; Ord. No. 95-189, 5-1-1995) § 235-21. Separation of lots. Lots shall not be separated or transferred in ownership so as not to comply with the provisions of this chapter. (Ord. No. 16985C, 11-27-1972) § 235-22. Screening and buffers in industrial or business districts. Screening and buffers shall be required in any industrial or business district which adjoins a residential district as follows: this strip shall be at least 25 feet in width, except when abutting a residential use in the UR-C district, in which case the width may be reduced to 10 feet. It shall contain a screen of plantings of vertical -69D to that portion of the total tract in the residential district. However, the location of each type of use shall not be restricted by the zoning district boundary. F. The minimum open space requirements shall be as follows: percent of total tract area: 10%; percent of developed area: 5%. A portion of the open space land, amounting to at least 10% of the total tract area, shall be set aside as common land covenanted to be maintained as permanent open space in private or cooperative ownership. The form of covenant covering such common land shall provide for its permanent ownership and maintenance and shall be subject to the approval of the Planning Board and the City Solicitor (with the consent of the Aldermen this common land may be deeded to the City). This common land shall be of such a physical character and appropriately planned so as to be of use to the residents and patrons of the development. G. The remaining land area may be developed for residential, community facilities and business uses. In considering the application, the Planning Board should determine the need for sites for community facilities such as schools, playgrounds, fire stations and the like. Where such a need is found, appropriate sites within the development shall be set aside. H. The residential density shall not exceed 60 dwelling units per acre of the portion of the total land area devoted to residential use. I. The locations of buildings shall be governed by the following: (1) All buildings shall be at least one foot from any lot line for each foot of building height, but in no case shall any building be closer than 15 feet. (2) All principal buildings shall be at least 24 feet apart, except that where building heights exceed 40 feet, these distances shall be increased by one foot for each foot of height over 40 feet. (3) All principal buildings shall be at least 15 feet from any common parking area. J. Buildings of greater height than eight stories may be allowed only as long as the minimum distances required in Subsection I(1) and (2) above are increased by one foot for each two feet of height over 80 feet. K. The development shall be served by ,25,2.0,30 One side only for side-by-side two-family dwelling units; outside only for semi-detached row unit. Minimum yard dimensions shall be increased by four feet for each story more than four. Where off-street parking spaces required by Article VIII of this ordinance are located underground and under the building served by the parking, the maximum building coverage may be increased above the percentage limit set forth in this table, This increase shall represent an increase in building area up to the area of the parking spaces which are put underground. A credit may be given in determining minimum lot area for abutting and adjoining city-owned land permanently set aside for uses such as park land or playground. the extent of such credit shall be determined by the board of appeals. For mixed uses, the minimum lot area shall be increased by 1,000 sq. ft. for each dwelling unit. NOTES: 1 One side only for side-by-side two-family dwelling units; outside only for semi-detached row unit. 2 Minimum yard dimensions shall be increased by four feet for each story more than four. 3 Where off-street parking spaces required by Article VIII of this chapter are located underground and under the building served by the parking, the maximum building coverage may be increased above the percentage limit set forth in this table. This increase shall represent an increase in building area up to the area of the parking spaces which are put underground. 4 A credit may be given in determining minimum lot area for abutting and adjoining city-owned land permanently set aside for uses such as park land or playground; the extent of such credit shall be determined by the Board of Appeals. 5 For mixed uses, the minimum lot area shall be increased by 1,000 square feet for each dwelling unit. (Ord. No. Table of Dimensional and Density Regulations District,Use,as,(1),(1),,(1) side,TEET,ht Mar.,,,,(6) SR,Any permitted use,""25,000"",110,90,25,20,50,35,2 1/2,35,None,50 SR-A,Any permitted use,""15,000"",100,90,25,15,40,35,2 1/2,35,None,50 SR-B,Any permitted use,""10,000"",80,90,20,12,30,35,2 1/2,35,None,40 UR-A,Townhouse,""7,500 per dwelling unit"",100,90,20,10*,20,35,2 1/2,35,None,35 ,Two-family dwelling,""13,500"",100,90,20,10*,20,35,2 1/2,35,None,35 ,Single-family dwelling,""7,500"",75,90,20,10,20,35,2 1/2,35,None,35 ,Any other permitted use,""10,000"",100,90,20,10,20,35,2 1/2,35,None,35 UR-B,Single-family dwelling,""7,500"",75,90,20,10,15,35,2 1/2,50,None,30 ,""Two(family), multifamily dwelling uses & townhouses"",""7,500 plus 3,000 for each dwelling unit more than one"",100,90,20,10*,15,35,2 1/2,50,None,30 ,Any other permitted use,""10,000"",100,90,20,10*,15,35,2 1/2,50,None,20 UR-C UR-D,""Two(family), multifamily dwelling uses & townhouses"",""6,000 plus 1,250 for each dwelling unit more than one"",100,90,20,10*,15,50,4,50,1,20 ,(Ord. of 5/1/95) Any other permitted use,""7,500"",75,90,20,10,15,50,4,50,1,20 ,Nursing Home (Ord. of 5/1/95),""20,000"",100,90,20,10,15,50,4,50,None,30 District,Use,,,,,,,,,,, BA BA-1,Any permitted use,""5,000*****"",50,90,5,None,None,50,8,None,2.0,5 BB BB-1,Any permitted use,""10,000"",100,90,10,12,15,30,2,60,.75,20 BC,Any permitted use,""5,000*****"",50,90,5,None,None,30,2,None,.75,10 BD,Any permitted use,""5,000"",50,90,15,None,10,80,8,None,2.0,5 ,Nursing Home (Ord. of 5/1/95),""20,000"",100,90,20,10,15,50,4,50,None,30 I,Any permitted use,""20,000"",125,100,30,20,30,50,4,25,2.0,30 One side only for side-by-side two-family dwelling units; outside only for semi-detached row unit. Minimum yard dimensions shall be increased by four feet for each story more than four. Where off-s g Code. Self-enclosed pools shall be enclosed to a height of six feet above ground level with a self-latching gate or an equivalent impassable enclosure as approved by the Building Commissioner. B. An accessory building attached to the principal building shall be considered as an integral part thereof and shall be subject to front, side and rear yard requirements applicable to the principal building. Accessory buildings in the ""B"" and ""I"" districts may be located on the lot so as not to violate the minimum front yard, height restrictions and minimum open space requirements set forth in the Table of Dimensional and Density Regulations. Other accessory structures shall be governed by the regulations for accessory buildings unless specifically exempt by the Board as a special exception. (Ord. No. 16985C, 11-27-1972; Ord. No. 17859, 4-17-1973; Ord. No. 20211, 12-18-1978) § 235-25. Additional dimensional and density provisions. In addition to the regulations in §§ 235-18 through 235-24 above, the following regulations shall apply: A. Existing residential uses in all nonresidential districts shall be subject to the regulations for the particular type of dwelling in the UR-C District. Any new residential uses in nonresidential districts shall be subject to the dimensional and density regulations of the nearest residential district as determined by the Building Commissioner. B. Except for planned developments for multifamily development, cluster residential development, planned unit development or commercial development, and except for community facilities and public utilities, only one principal structure shall be permitted on a lot. In the case of planned multifamily developments other than planned unit development, the minimum distance between the walls of such principal buildings which contain windows shall be twice the minimum side yard or side setback required in the district. The minimum lot area required per each individual dwelling unit, building or other unit or use shall be multiplied by the number of such units to obtain the minimum lot area required for the total tract of land. Other area regula What is the minimum lot size for each zoning district? Instructions: Reply with a list of zoning districts with their respective lot size minimums. Do this for as many districts as possible. [/INST] Based on the provided table of Dimensional and Density Regulations, here are the minimum lot size requirements for each zoning district listed: SR District: * Lot size requirement: 25,000 square feet. SR-A District: * Lot size requirement: 15,000 square feet. SR-B District: * Lot size requirement: 10,000 square feet. UR-A District: * Lot size requirement: 10,000 square feet. UR-B (Any other permitted use) District: * Lot size requirement: 10,000 square feet. UR-C/UR-D (Two (family), multifamily dwelling uses & townhouses): * Lot size requirement: 6,000 square feet plus 1,250 for each dwelling unit more than one. UR-C/UR-D (Any other permitted use): * Lot size requirement: 7,500 square feet. BA/BA-1: * Lot size requirement: 5,000 square feet. BB / BB-1: * Lot size requirement: 5,000 square feet. BC: * Lot size requirement: 5,000 square feet. BD: * Lot size requirement: 5,000 square feet. I: * Lot size requirement: 20,000 square feet., My answer is based on the provided table of Dimensional and Density Regulations." "[INST] Context: mity to the intensity and dimensional regulations as set forth herein. If a LOT is determined by the rules of Article 14 to be within a Water Resources Protection District, then the more restrictive regulations of Article 14 shall prevail. 11.6.1. Minimum LOT AREA: 60,000 square feet (ft) 11.6.2. Minimum FRONTAGE: 50 feet 11.6.3. Lot Width: 70 feet 11.6.4. Maximum Building Height (Feet): 35 feet 11.6.5. Maximum Building Height (Stories): Three stories 11.6.6. Maximum LOT COVERAGE: 80% 11.6.7. Maximum Floor Area Ratio: 1.5 11.6.8.Minimum Front Yard Setback: 25 feet 11.6.9.Minimum Side Yard Setback: 30 feet 11.6.10. Minimum Rear Yard Setback: 30 feet 11.6.11. Open Space Percent of LOT AREA: 20% **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held on 5/2/05. 11.7. Special Permits in the Office-Light Industrial District. 11.7.1. The SPECIAL PERMIT Granting Authority (SPGA) for uses and STRUCTURES in the Office-Light Industrial District shall be the Planning Board. 11.7.2. Requirements. An application for a SPECIAL PERMIT in the Office-Light Industrial District shall include a written description of the proposal for which a SPECIAL PERMIT is requested and a Site Plan prepared by a Registered Professional Engineer and/or Registered Land Surveyor at an appropriate scale to clearly show dimensions, legend, and all other information deemed necessary to describe the site and its conditions. 11.7.3. Site Plan Review. The site plan review requirements of Section 19 of this Bylaw shall apply to the Office-Light Industrial District. For uses allowed by SPECIAL PERMIT, site plan review shall be conducted concurrently with the SPECIAL PERMIT application, review and determination procedures. 11.7.4. Referral. The Planning Board shall refer a SPECIAL PERMIT application to the Police, Fire, Water and Sewer Departments, the Board of Health, the Conservation Commission and the Merrimac Historical Commission, for written comments and recommendations before taking final action on said SPECIAL PERMIT application. Any board or agency to which applications are referred shall ma l to or greater than the minimum lot width for the applicable zoning district. **Webmasters Note: The previous definition has been amended as per an update approved at a town meeting held on 5/2/05. LOTS IN TWO OR MORE RESIDENCE DISTRICTS : If a LOT is located in two or more residence districts, all of the LOT shall be considered as lying entirely within the district having the largest area and FRONTAGE requirements. LOW- OR MODERATE INCOME HOUSEHOLD : A household with income at or below 80% of area median income, as determined. from time to time by the U.S. Department of Housing and Urban Development. LOW- OR MODERATE INCOME HOUSING : A dwelling unit that is affordable to a low- or moderate-income household; see also, AFFORDABLE HOUSING. MAXIMUM HEIGHT : Vertical distance measured from the mean finished grade of all sides of the building or STRUCTURE to the highest point of the roof for flat roofs, to the deckline for mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs. The mean finished grade shall not be raised or lowered more than five feet above the mean center-line grade of the FRONTAGE street for the proposed building unless the building will be located more than 50 feet from the front property line. MEDICAL CENTER OR MEDICAL FACILITY : A building that contains establishments dispensing health services for health maintenance and the treatment of medical or physical conditions. This term shall not include hospitals, nursing homes or extended-care facilities, but may include establishments providing support to the medical profession and patients, such as medical and dental laboratories, blood banks and oxygen and other miscellaneous types of medical supplies and services. MIXED-USE DEVELOPMENT : Developments and/or STRUCTURES with commercial and residential uses, including but not limited to commercial uses on the ground floor of a commercial STRUCTURE and residential units located on the upper floors. MOBILE HOME : A STRUCTURE designed as a dwelling unit for location on a urposes of the bylaw. 15.11.3. Attached units shall contain no more than four (4) units in a single building. 15.11.4. The minimum distance between clusters of multiple-unit dwellings shall be fifty (50) feet, unless waived by the Planning Board. 15.11.5. The minimum width of existing and proposed open space between dwelling units in the OSRD and adjacent property shall be one hundred and fifty (150) feet. 15.11.6. The minimum setback from internal roads shall be twenty-five (25) feet. 15.11.7. The maximum height of proposed buildings shall be thirty-five (35) feet and shall not exceed two and one-half 2% stories. 15.11.8. Except as provided in this Bylaw, any LOT in an OSRD shall comply with any other dimensional requirements of the zoning district in which it is located. 15.12. Base Density; Determination of Development Capacity, Except as provided under ""Development Incentives"" below, the maximum number of LOTS and dwelling units permitted in an OSRD shall not exceed the number arrived at under the following formula: Total Number Lots and,Total Acreage (in Square Feet) -,(.5X Wetlands) -,All areas with steep slopes8 (see below),(.1X Total Acres) Dwelling,,,-, Units =,,""87,120"",Square Feet, In the instance of a fraction, a fraction may be counted as an additional LOT if the fraction is over one half. 15.13. Development Incentives. The Planning Board may authorize an increase in LOTS or dwelling units up to a maximum of fifty (50%) percent, when all of the units in the OSRD are restricted for occupancy by over-55 households and at least one of the following conditions is met: 15.13.1. The applicant proposes an increase in open space above the fifty percent (50%) minimum and preserves significant natural resources, in the opinion of Planning Board, or 15.13.2. The applicant sets aside ten percent (10%) or more of LOTS or dwelling units on the site for affordable housing for LOW- AND MODERATE-INCOME households. Such units must be eligible for listing on the SUBSIDIZED HOUSING INVENTORY under G.L. ded by a curve having a radius of less than 100 feet. COVERAGE . As used in this Bylaw, ""coverage"" is classified according to the following terms and meanings: 1. BUILDING COVERAGE: The maximum percentage of a LOT in any district which is covered by STRUCTURES which constitute principal and accessory uses thereof. For the purposes of this section, uncovered swimming pools; tennis courts and decks of one hundred square feet or less shall be exempt from the definition of building coverage. Garages, barns, storage sheds or additions and alterations to the principal residential building occupying the LOT shall not be exempt from the definition of building coverage. 2. LOT COVERAGE: The percentage of a LOT in any district which is covered by impervious surfaces, including the principal building and accessory STRUCTURES on the LOT. For the purposes of this section, such impervious surfaces shall include, and not be limited to, paved driveways and parking areas, sidewalks constructed of impervious materials, principal and accessory STRUCTURES, and other on-site amenities that render any portion of a LOT impervious. DWELLING UNIT : A room or group of rooms forming a habitable unit for one family with the facilities which are used or intended to be used for living, sleeping, cooking and eating. EARTH REMOVAL : Stripping, digging, excavating or blasting soil, loam, sand or gravel from one LOT and removing or carrying it away from said LOT to other LOTS or places. EAVE : The projecting lower edges of a roof overhanging the wall of a building. ELDER CARE : Any building or facility providing medical services or assistance with daily living activities for residents over 62 years of age on an out patient or live-in basis. ELDERLY HOUSING : A single-family, Townhouse or MULTI-FAMILY residential development consisting of multiple dwelling units on one single contiguous parcel, restricted for occupancy by households with at least one family member who is 55 years of age or older. FAMILY DAY CARE : CHILD CARE or day care provi 4.12. Regulations for Reduced Lot Frontage in the Village Residential District 4.12.1.Purpose. A reduction in lot frontage may be permitted in the Village Residential District for the purpose of providing a range of housing choices, including housing affordable to low-, moderate- and median-income households. 4.12.2. Requirements. The Planning Board may issue a SPECIAL PERMIT to reduce lot frontage in the Village Residential District consistent with the following criteria: 4.12.2.1. The LOT has a minimum continuous street FRONTAGE of not less than fifty (50) feet. 4.12.2.2. The area of a LOT with reduced FRONTAGE shall be at least equal to the minimum LOT size of the Village Residential District. 4.12.2.3. The LOT shall have at least one area suitable for the construction of a dwelling that can accommodate a circle with a diameter of 60 feet. 4.12.2.4. Not more than two reduced frontage lots shall abut each other. 4.12.2.5. Two abutting reduced frontage lots shall be served by a Common Driveway. 4.12.2.6. A reduced frontage lot shall not interfere with the use and enjoyment of an abutting LOT and will not adversely affect the neighborhood. 4.12.3. Notwithstanding any other provision, a reduced FRONTAGE LOT created by SPECIAL PERMIT from the Planning Board shall not be further subdivided, or reduced in area, or changed in size or shape, and it may be used only for Infill Residential Uses as defined in Section 4.11 of this Bylaw. The Planning Board shall require deed restrictions to insure the aforementioned criteria and use limitations. 4.13. Regulations for Multi-Family Housing in the Village Residential District The Planning Board may grant a SPECIAL PERMIT for MULTI-FAMILY housing in the Village Residential District under the following conditions: 4.13.1. Multi-family housing in the Village Residential District is intended to provide a mix of housing types at a density and scale appropriate for the historic character of the district. To qualify for a MULTI-FAMILY housing SPECIAL PERMIT, the applicant must includ What is the minimum lot size for each zoning district? Instructions: Reply with a list of zoning districts with their respective lot size minimums. Do this for as many districts as possible. [/INST] I don’t know. , This section doesn’t have the answer. " "[INST] Context: ARTICLE VI DIMENSIONAL REGULATIONS § 97-6. Dimensional Regulations. A. General Regulations. (1) Any building, structure, or part thereof, converted, constructed, altered, or moved shall conform with the requirements for lot area, frontage, yards, floor area ratio (FAR), lot coverage, and height as set forth in this table unless otherwise specified elsewhere in this bylaw. B. Table of Dimensional Requirements. TABLE OF DIMENSIONAL REQUIREMENTS ,Minimum,Dimensions,,,,Dimensions, Zoning District,Lot Area,Frontage,SetBacks,,Footprint,Lot Coverage,Height* ,(sft),(ft),Property line (ft),Street (ft),(sft),(%),(ft) R-AG Single Family,""40,000 (1)"",125,10(2),202 (2),,,35 Residence Two Family,""60,000 (1)"",125,10(2),20(2),-,-,35 Residence - Served by a public water supply Two Family Residence - all other,""80,000 (1)"",125,102,202,-,-,35 PR,""40,000 (1)"",125,10(2),202,,-,35 R-LB,""80,000 (1)"",125,10(2),202,,-,35 B,""10,000 (1)"",100,10,20,""2,500 (5)"",50,35 CH,""40,000 (4)"",200,25,50,-,50,35 CHA,""40,000 (4)"",200,25,50,,50,35 I,""40,000 (1)"",200,25(3),50³,-,50,35 Notes: (1) Required contiguous upland. Regardless of the actual lot size, at least 80% of the minimum lot area for the district shall be contiguous in uplands and shall not be in wetlands or in the Parker River-Essex Bay Area of Critical Environmental Concern. Such wetlands are defined in M.G.L. Chapter 131, Section 40 as amended, and include without limitation bogs, swamps, marshes, wet meadows, and areas of flowing or standing intermittent, and are characterized by their distinctive soils, including but not limited to peat or muck, by the existence of plant communities which require the presence of water at or near ground surface for the major portion of the year. Such plant communities are those described in M.G.L., Chapter 131, Section 40 as amended. [Amended 6-26-2001 STM, Art. 8; 6-24-2003 STM, Art. 15] [Added 6-24-2003 STM, Art. 17] [Added 6-24-2003 STM, Art. 16] (2) No part of any building on lots in said district may stand less than 10 feet from a property line or less than 20 feet from a street unless a nearer building line is already established by existing buildings. (3) No building on any lot shall be closer than 50 feet to a highway or watercourse or less than 25 feet from any side or rear boundary or more than 35 feet in height as measured from the mean sea level of the established grade at the building to the mean height of the roof. (4) Each lot shall have an area not less than 40,000 square feet and shall have a frontage on an accepted way of not less than 200 feet (an additional 2,000 square feet of gross area shall be required for each unit in any motel). (5) Maximum footprint area of a permitted non-residential building shall neither exceed 2500 square feet nor cover more than 50% of the lot. * See height definition section 97-11 D reet other than a street created by the OSRD; provided, however, that the Planning Board may waive this requirement where it is determined that such reduced lot(s) will further the goals of this By-Law; (b) At least 50% of the required setbacks for the district shall be maintained in the OSRD unless a reduction is otherwise authorized by the Planning Board. Where structures containing three to four dwelling units are being proposed, the side lot lines between units may be 0 feet, however the distance between structures shall be a minimum of 20 feet; (c)Minimum Frontage: The minimum frontage may be reduced from the frontage otherwise required in the zoning district; provided, however, that no lot shall have less than 50 feet of frontage; (d) Setbacks: Every dwelling fronting on the proposed roadways shall be set back a minimum of 20 feet from the roadway right-of-way, and 10 feet from any rear or side lot line. In the event that dwellings are located on exclusive use areas or contain no interior lot lines, a minimum distance of 20 feet between single and two-family dwellings shall be required. (11) Increases in permissible density. The Planning Board may award a density bonus to increase the number of dwelling units beyond the Basic Maximum Number. The density bonus for the OSRD shall not, in the aggregate, exceed fifty percent (50%) of the Basic Maximum Number. Computations shall be rounded to the lowest number. A density bonus may be awarded in the following circumstances: (a) For each additional ten percent (10%) of the site (over and above the required 50%) set aside as open space, a bonus of one additional unit or five percent (5%) of the Basic Maximum Number, whichever is greater, may be awarded. (b) For every one (1) dwelling unit restricted to occupancy for a period in perpetuity by persons or families who qualify as low or moderate income, two (2) dwelling units may be added as a density bonus for each low income unit, one (1) dwelling unit as a bonus for each moderate income unit. (c) For every historic structure preserved and subject to a historic preservation restriction, one (1) dwelling unit m eptions if based in part on limiting the number of lots upon which buildings can be constructed shall be endorsed on the plan to which they relate or set forth in a separate instrument attached thereto and recorded therewith. The Board shall maintain in its flies a written explanation of the reduction or exemption together with the reasons for its approval. B. Cul-de-sac streets shall be provided with a turnaround having an outside sideline diameter of at least 165 feet, an outside roadway diameter of at least 140 feet, a pavement width of 25 feet, and a center island. Streets with a center island of less than four acres shall be classified as cul-de-sacs. Streets with a center island of four or more acres shall be classified as non-through streets. C. Length of cul-de-sac streets shall be measured from the side line of its intersect with a through street along the center line of the cul-de-sac street to the rear most point of the sideline of the turnaround. Length of non-through streets shall be measured from the sideline of its intersection with a through street along the center line of the non-through street to the point on such center line which is most distant from the sideline of the through street. D. Grades of all streets shall be the reasonable minimum but not less than two percent nor more than seven percent on collector and subcollector streets or ten percent on minor streets. § 117-22. Typical cross section. See the Typical Cross Section Diagram at the end of this chapter. § 117-23. Easements. A. Easements for utilities or for pedestrian access across lots or centered on rear or side lot lines shall be provided where necessary and shall be at least twenty feet wide. B. Where a subdivision is traversed by a watercourse, drainage way, channel or stream, the Board may require that there be provided a storm water easement or drainage right-of-way of adequate width to conform substantially to the l ne and coarse sand practically free from loam and clay uniformly graded and containing no stone having any dimensions greater than 3 1/2 inches. When spread on the road and rolled, it shall form a stable foundation. The grading shall conform to the following requirements: passing 3/8 inch sieve - 70% maximum; passing No. 10 sieve - 50% maximum; passing No. 200 sieve - 5% maximum. No stone used in the subgrade of a street shall have any dimension greater than 6 inches. The subdivider shall notify the agent of the Planning Board as to the source of the gravel. § 117-4. Right to make a subdivision. No person shall make a subdivision, within the meaning of the Subdivision Control Law, of any land within the Town, or proceed with the improvements or sale of lots in a subdivision, or the construction of ways, or the installation of municipal services therein, unless and until a plan has been endorsed ""Planning Board Approval Not Required"" or a Definitive Plan of such subdivision has been submitted to and approved and endorsed by the Board. § 117-5. One dwelling on any lot. Not more than one building designed or available for use for dwelling purposes shall be erected or placed or converted to use as such on any lot in a subdivision, or elsewhere in the Town, without the consent of the Board, and such consent may be made conditional upon the providing of adequate ways furnishing access to each site for such building, in the same manner as otherwise required for lots within a subdivision. § 117-6. Water supply and sewage disposal. The Board will not approve a subdivision plan unless the developer's engineer certifies: A. That a water supply deemed adequate by the Board will be available; and B. That each buildable lot can be provided with an on-site disposal system deemed adequate by the Board of Health. This certification shall be based upon one or more test wells within the subdivision. § 117-7. Waivers. The Board may waive strict compliance with any of these Regulations if it deems it in the public interest and if written record is kept of such waivers, and the reasons for them. § 117-8. Compliance with Zoning Bylaw required. The Planning Board shal approximate areas and dimensions. Lots shall be numbered in sequence; (7) Proposed system of drainage, including the approximate location of all swamp, marsh and lowland, water bodies, streams, open drain sand ditches, natural or manmade, and flowage rights, public and private, adjacent to or within the proposed subdivision, in a general manner; (8) Zoning classification and location of any Zoning District Boundaries, including overlay zoning such as flood plain or wetlands, which may lie within the subdivision; (9) The existing and proposed topography of the land at 2 ft. contour intervals; (10) The volume of ""earth"" to be removed, if applicable, or a statement that no ""earth"" is to be removed from the subdivision in conjunction with construction; (11) The location, boundary lines, area and dimensions of all wetlands (as defined in G.L., Chapter 131, Section 40, as amended) situated on each lot within the subdivision. C. Review of the Preliminary Plan - Upon acceptance of a Preliminary Plan application, the Board shall post one set of Preliminary Plans in the Town Hall for public review and shall forward one set of Preliminary Plans to the Conservation Commission, the Highway Department, the Board of Fire Engineers, and the applicable Water District Commission. Within 30 days of filing with the Board of Health or forwarding the Preliminary Plan, each agency shall report its findings and recommendations to the Planning Board. D. Approval, Modification or Disapproval - As soon as practicable after accepting the submission, the Board will study the Preliminary Plan and discuss it with the applicant. Within 45 days of submission the Board shall approve the Preliminary Plan with or without modifications suggested by it or agreed upon by the applicant, or shall disapprove the Preliminary Plan giving the reasons for such disapproval. The Board shall send notice of its action to the Town Clerk and the applicant. Approval of the Board does not constitute approval of a Subdivision but does facilitate the procedure in securing appr What is the minimum lot size for each zoning district? Instructions: Reply with a list of zoning districts with their respective lot size minimums. Do this for as many districts as possible. [/INST] R-AG Single Family Residence : 40000 PR : 40000 R-LB : 80000 B : 10000 CH : 40000 CHA : 40000, My answers are from the Table of Dimensional Requirements. R-AG Single Family Residence : 40000 R-AG Two Family Residence - Served by a public water supply : 60000 R-AG Two Family Residence - all other : 80000 PR : 40000 R-LB : 80000 B : 10000 CH : 40000 CHA : 40000" "[INST] Context: n any zone is 65 feet; maximum height in feet for wireless communication facilities is 125 feet. * Wetlands and water bodies are not computed in lot area (see Section 6.4) **Webmasters Note: The previous chart has been amended as per an update approved at a town meeting held on 5/9/05. 6.3 Small Lots/Contiguous Lots/Non-Conforming Lots 6.3.1 A vacant lot having at least 50 feet frontage and 5,000 square feet area, lawfully laid out by a recorded plan or deed prior to the adoption of the Zoning By-law in 1974 and not adjoining at the time of said adoption any other vacant lot or lots and/or any other non-vacant lot or lots of the same owner, may be built upon so as to conform to a minimum side yard of 13 feet and a minimum front setback of 25 feet from the road. The rear setback shall at all times be a minimum of thirteen feet from the rear property line. 6.3.2 If the lot or lots in 6.3.1 at the time of the adoption of the Zoning By-law in 1974 adjoins other vacant lot or lots or non-vacant lot or lots of the same owner, it may be built upon within five years from the date of the recording of the deed or plan establishing such lot or lots or from the date of the endorsement of the plan as not requiring subdivision approval, whichever is earlier. 6.3.3 Any non-conforming adjoining lots held in single ownership established by recorded plan or deed prior to the adoption of the Zoning By-law in 1974 shall be combined for building purposes in order to provide a lot as close to the zoning minimum requirements as possible. 6.4 In computing the area of a lot, no portion of a way 6.5 In Commercial districts adjacent to the boundary of a Residential Eighty (R- 6.6 In Industrial districts adjacent to the boundary of a Residential Eighty (R- 6.7 The minimum lot area requirements specified in Table 6.2 shall be a. Within the Water Resource Protection District the minimum lot requirements shall be modified as follows: Within Zone II the minimum lot area for residential and non-residential uses shall be 80,000 square feet per unit; within Zone III the minimum lot area for residential and non-residential use shall be 60,000 square feet per unit except that in the Village Commercial zoning district the minimum lot area for r feet per unit; within Zone III the minimum lot area for residential and non-residential use shall be 60,000 square feet per unit except that in the Village Commercial zoning district the minimum lot area for residential and commercial uses shall be as per the dimensional requirements of the Village Commercial district. b. No existing lot used for multi-family dwellings shall be changed in size so as to result in a violation of the requirements of this Section. c. Lots may be reduced through the Residential Cluster Development Special Permit process (Section 6.8 43), provided that the provisions of Section 6.8 #2, as amended in Article 23, Norton Town Meeting of 5/2/88, are met. 6.8 RESIDENTIAL CLUSTER DEVELOPMENT REGULATIONS a. Single-family, duplex, and multi-family Cluster Development may be allowed by a special permit in Zoning District specified in Table 4.2. b. In order to encourage better site planning in the placement of buildings and improvements, the Planning Board may allow more than one building to be located on a single lot. DIMENSIONAL REQUIREMENTS 1. The site proposed for Cluster Development shall be not less than ten acres for Single-family, fifteen acres for duplex and twenty acres for Multi-family in area and shall be under a single owner or a group of owners acting jointly. 2. No site shall be developed in a manner which would result in a greater number of dwelling units being constructed in a Cluster Development than would be permitted in a conventional single family development on the same site. 3. In Cluster Development made up of individual lots, each lot may be reduced in size up to 50% from the minimum size allowed in the zoning district in which the site is located. Where on-site sewage disposal is required, a minimum lot area of 40,000 square feet shall be required. 4. The Townhouse or Rowhouse Development without individual lots, the area allocated to buildings, streets, parking and storage areas shall not exceed 50% of the building site area if the maximum number of allowable units are proposed. The area allocated to buildings, streets, parking and storage area may be reduced from 50% of total building site area in a ratio equival ape factor not exceeding the numerical value of 22; to meet the minimum area requirement for construction in a commercial or industrial district, the lot must contain a closed plot of land having a definite area and perimeter of not less than the minimum lot area for the district in which the land is located and having a shape factor not exceeding the numerical value of 22. 6.2 Dimensional Requirements Residential Eighty.................which may be abbreviated as R-80 Residential Sixty..................which may be abbreviated as R-60 Residential Forty..................which may be abbreviated as R-40 Village Commercial.................which may be abbreviated as VC Commercial.........................which may be abbreviated as C Industrial.........................which may be abbreviated as I USE,Zoning,District Requirements,Dimension in,Feet/Square Feet*,, ,R-80,R-60,R-40,VC,C,I ,,,,,""18,000"",""45,00"" Single-family dwelling (including accessory apartment if allowed),""80,000"",""60,000"",""40,000"",""18,000"",, Duplex,""80,000"",""80,000"",""80,000"",""26,000"",, 3 units per building,,,""110,00"",""34,000"",, 4 units per building,,,""130,00"",""40,000"",, 5 units per building,,,""150,00"",""50,000"",, 6 units per building,,,""180,00"",""60,000"",, Minimum continuous frontage in feet (see 6.10),150,150,150,120,120,150 Minimum front yard in feet for principal building,50,40,40,10,50,40 Minimum side yard in feet for principal building,35,25,25,10,15,30 Minimum side yard in feet for accessory building,10,10,10,10,10,10 Minimum rear yard in feet for principal building,25,15,15,20,20,40 Minimum rear yard in feet for accessory building,10,10,10,20,10,10 Maximum percentage of lot covered by building,12,16,20,50,33,33 Maximum height of buildings in feet,35,35,35,45,45,50 Maximum height in stories,3,3,3,3,3,3 ""Maximum height in feet of chimneys domes, spires, towers, radio or television antennae in any zone"",65,65,65,65,65,65 Maximum height in feet of chimneys, domes spires, towers, radio or television antennae in any zone is 65 feet; maximum height in feet for wireless communication facilities is 125 feet. * Wetlands and water bodies are not computed in lot area (see Section 6.4) **Webmasters Note: The previous cha ARTICLE VI - DIMENSIONAL REGULATIONS 6.1 Permitted Dwelling a. For every principal permitted dwelling erected or moved hereafter, requirements of Table 6.2 and the principal dwelling and accessory building shall be located on the lot so as to conform to the requirements of said Table 6.2. Unless otherwise specifically provided herein, within residential districts only one principal permitted building shall be located on a single lot. No lot shall be changed in size or shape so as to result in a violation of the requirements of Table 6.2, except through taking or acquisition for public purpose. b. Multiple Commercial and Industrial Buildings may be allowed on a lot in Village Commercial, Commercial and Industrial Zoning Districts and multiple buildings may be allowed for Housing for the Elderly in Commercial Zoning Districts as long as the total percentage of the lot covered by buildings does not exceed 33% as specified in Article 6.2 of the Zoning By-law. All setbacks would have to be observed. Minimum distance between buildings shall be 15 feet. c. All residential uses that are permitted either by right or by Special Permit in a Commercial Zone must meet all of the dimensional requirements of the nearest residential zone as it appears on the Zoning map. In cases where more than one residential zone applies, the more stringent regulations shall be adhered to. d. To meet the minimum area requirements for construction of a residential unit, a lot must contain a closed plot of land having a definite area and perimeter of not less than the minimum lot area for the district in which the land is located and having a shape factor not exceeding the numerical value of 22; to meet the minimum area requirements for construction of a residential units in a multi-family structure, a lot must contain a closed plot of land having a definite area and perimeter of not less than the minimum lot area required for multi-family units in Article VI, Section 6. 1, Table of Dimensional Requirements and having a shape factor not exceeding the numerical value of 22; to meet the minimum area requirement for construction in a commercial or industrial district, the lot must contain a closed plot of land having a definite are uilding site area if the maximum number of allowable units are proposed. The area allocated to buildings, streets, parking and storage area may be reduced from 50% of total building site area in a ratio equivalent to the proportion of units proposed to the maximum number of units possible. 5. Within Cluster Development, which have individual lots, the Planning Board shall establish reasonable setbacks for buildings and accessory units. 6. For the purposes of conventional development plans showing multi-family or duplex lots, the required frontage shall be 200 feet. 7. Within Townhouse or Rowhouse Developments without individual lots, the minimum distance between buildings shall be 50 feet. Minimum setbacks of all buildings from the street shall be 30 feet. 8. All lots fronting on an existing Town way shall maintain the frontage required in conventional zones. 9. Not more than 100 linear feet of any right-of-way strip associated with a drive may be used in computing the minimum square footage of any lot. **Webmasters Note: Subsection 10. has been deleted as per an update approved at a town meeting held on 5/9/05. OPEN SPACE AREAS 1. In any Cluster Development, at least 35% of the buildable area used in calculating the permitted density shall be set aside as open space. This area shall not include wetlands, ponds, marshes or other protected natural area. Although this shall not prevent these areas from being added to the 35% minimum open space. 2. All open space areas shall have dry access to the street suitable for use by maintenance and emergency vehicles. 3. Parking areas, streets or other areas associated with the residential development shall not be included in the open space area. 4. Ownership of the open space area shall be as described in MGL Chapter 40A with the Planning Board having final approval of ownership method. In the event that the open space area is conveyed to a homeowners association, the association must grant an easement and/or restriction and such easements and/or restrictions to the Town allowing the Town to control all building rights in the area. Such restrictions shall be for the benefit of and enforceable by the Town. What is the minimum lot size for each zoning district? Instructions: Reply with a list of zoning districts with their respective lot size minimums. Do this for as many districts as possible. [/INST] R-80 : 80000 R-60 : 60000 R-40 : 40000 VC : 18,000 C : 18,000 I : 45,000, Based on the provided Zoning By-law, here are the minimum lot size requirements for each zoning district. R-80 : 80000 R-60 : 60000 R-40 : 40000 VC : 18,000 C : 18,000 I : 45,000. " "[INST] Context: nstructed, changed, enlarged or permitted and no use of premises in any district shall be permitted which does not conform to the dimensional controls set forth herein except in the MU district where up to thirty (30) percent of such standards can be waived through granting of a special permit. (Ord. of 10-11-84, § 14) 5.2 Schedule of Dimensional Controls Districts,Minimum Lot Dimensions (1),,Minimum Yard (2),Depths,,Maximum Height (3),Maximum Lot Coverage (4),Maximum Floor Area Ratio (5),Minimum Buildable (6),Area ,Area (sq. ft.),Frontage (ft.),Front (ft.),Side (ft.),Rear (ft.),(ft.),,,Width (ft.),Depth (ft.) R-1,,,,,,,,,, Single Family,""20,000"",125,25,20,35,30,25%,--,60,40 R-1A,,,,,,,,,, Single Family,""15,000"",125,20,15,35,30,30%,--,60,40 R-1B,,,,,,,,,, Single Family,""10,000"",100,25,20,35,30,30%,--,50,35 R-2,,,,,,,,,, One-Family,""5,000"",50,15,10,35,30,35%,--,25,35 Two-Family,""7,500"",50,15,10,35,30,35%,--,25,35 R-3 Districts,Minimum Lot Dimensions (1),,Minimum Yard (2),Depths,,Maximum Height (3),Maximum Lot Coverage (4),Maximum Floor Area Ratio (5),Minimum Buildable (6),Area ,Area (sq. ft.),Frontage (ft.),Front (ft.),Side (ft.),Rear (ft.),(ft.),,,Width (ft.),Depth (ft.) Multiple Family Residence,""10,000 or 1,500 s.f."",60,20,10,35,35,20%,.2,30,20 R-4 Districts,Minimum Lot Dimensions (1),,Minimum Yard (2),Depths,,Maximum Height (3),Maximum Lot Coverage (4),Maximum Floor Area Ratio (5),Minimum Buildable (6),Area ,Area (sq. ft.),Frontage (ft.),Front (ft.),Side (ft.),Rear (ft.),(ft.),,,Width (ft.),Depth (ft.) Multiple Family Residence,""30,000 or 750 s.f. Per bedroom Whichever is greater"",75,20,15,35,50,35%,1.6,35,25 R-5 Districts,Minimum Lot Dimensions (1),,Minimum Yard (2),Depths,,Maximum Height (3),Maximum Lot Coverage (4),Maximum Floor Area Ratio (5),Minimum Buildable (6),Area ,Area (sq. ft.),Frontage (ft.),Front (ft.),Side (ft.),Rear (ft.),(ft.),,,Width (ft.),Depth (ft.) Multiple Family,20 ac.,none,25,25,25,35,35%,--,, PRD,,,,,,,,,, Single Story,5 ac. (e),none,15,10,25,20,35%,--,, Multi-Story,5 ac., minimum yard shall be one hundred (100 feet. This requirement supersedes all other yard and set-back distances affecting the regional-business district. (d) A buffer zone of fifty (50) feet [shall] be established under said zoning. (Ord. of 8-4-83, § 1) (e) This is minimum project size, specific lots must be a minimum of six thousand (6,000 square feet. (Ord. of 10-11-84, § 15) (f) For individual mobile home parcels. (Ord. of 10-11-84, § 15) 5.3 MODIFICATIONS OF DIMENSIONAL REGULATIONS 5.3.1 Where a business or industrial district adjoins a residence R-1, R-1A, R-1B, R-2, R-3, R-4, or R-5 District, the sideyard requirement of the residence district, if more restrictive than that of the business or industrial zone, shall apply to all buildings in the business or industrial districts that are located within one hundred (100) feet of the boundary line between the districts. (Ord. of 5-10-84, § 27) 5.3.2 The determination of construction type for purpose of height limitations shall be based upon definitions of the National Board of Fire Underwriters. 5.3.3 Portions of a lot developed for multiple family dwellings which are not occupied by buildings or structures, and not used for off street vehicular parking, walks or interior access roads, shall be landscaped. All landscaped areas, including lawns, trees, shrubs and other plantings shall be properly maintained in a sightly and well-kept condition. 5.3.4 Open space required in business or industrial districts shall be provided in the rear, or in part of the sides, so as, in the opinion of the Building Inspector, to insure the adequate lighting and ventilating of the building and access in case of fire. 5.3.5 Steps, roofs over steps and/or windows, open or lattice enclosed fire escapes and bay windows which do not project over four and one half (4 1/2) feet beyond the foundation line, which do not exceed more than twenty-five (25) square feet, may extend beyond the minimum yard regulations otherwise provided for the district in which the structure is built (Ord. of 5- Section 5: Dimensional Regulations 5.1 BASIC REQUIREMENTS 5.1.1 Lot dimensions. A dwelling, building or other structure hereafter erected in any district shall not be located on a lot having less than the minimum requirements, and no more than one dwelling shall be built on any lot except as hereinafter provided and no lot, or the building or buildings thereon, shall be changed in size so as to violate the provisions of this ordinance with respect to size of lots or yards. 5.1.2 Recorded lots. A lot or parcel of land having an area of frontage of lesser amounts than required on the following schedule of dimensional controls may be considered as coming within the area and frontage requirements of this section provided such lot or parcel of land was shown on a plan or described in a duly recorded deed or registered at the time of adoption of this ordinance and did not at the time of adoption adjoin other land of the same owner available for use in connection with such lot or parcel. Any increase in the area, frontage, width, yard of depth requirements of this ordinance shall not apply to a lot for single and two family residential use which at the time of recording or endorsement, whichever occurs sooner, was not held in common ownership with any adjoining land, conformed to then existing requirements and had less than the proposed requirement but at least five thousand (5,000) square feet of area and fifty (50) feet of frontage. The provisions of this paragraph shall not be construed to prohibit a lot being built upon if at the time of the building, building upon such lot is not prohibited by this ordinance. 5.1.3 Front yard dimensions. The minimum front yard dimensions required in subsection 5.2 schedule of dimensional regulations are to be measured from the street line where a plan of the street is approved and on file with the planning board or with the registry of deeds, or in the absence of such a plan, from a line twenty-five (25) feet from and parallel with the center line of the traveled right of way. 5.1.4 Height limitation. pace between said yard and the abutting property this area may be included in the required dimensional setback for the subject cluster. However, in no case can the sum of the lot setback and the width of the buffer, be less than that required for the district underlying the cluster, or thirty-five (35) feet whichever is more. (5) Every individual lot in the cluster development shall have an area of at least two thirds of the minimum area per dwelling unit required in the district, or six thousand six hundred (6,600) square feet (whichever is larger), the balance, if any remaining in common land. The special permit granting authority shall have the right to further waive minimum lot area requirements up to one-half (50%) of the minimum required in the district provided that all the following apply: a. Such waivers result in a more efficient lot layout which affords protection of more natural features of the site or otherwise directly furthers the achievement of the purposes (section 4.4.4 (b)) of this ordinance. When such a waiver is granted, a specific finding has to be made in the written decision of the special permit granting authority describing how such waiver complies with this provision of the ordinance; and b. Such a waiver shall not increase the number of lots allowed in the cluster beyond the number allowed under 4.4.4 (c) (1) of this ordinance; and c. No lots smaller than six thousand (6,000) square feet are created by means of such a waiver. (6) The total area of common land within the development equals or exceeds the sum of the areas by which any individual lots are reduced below the minimum lot area normally required in the district. The total area of common land may usually range from twenty (20) to fifty (50) percent of total land area within the development, exclusive of areas not available for development per 4.4.4 (c) (1). (7) All common land hereunder shall be held in common ownership by the owners of lots within the development. In the case of ownership by a separate legal entity, the developer shall include in the deed acteristics; book binding and small machine shops. (Ord. of 9-16-82, § 4) 4.5.8 Area regulations. (a) MPRD site area. No MPRD shall be permitted on a site of less than fifty thousand (50,000) square feet. **Webmasters Note: The previous subsection has been amended as per Ordinance No. 03-04. (b) Usable open space. In all MPRD's at least ten (10) percent of the land shall be set aside as permanent usable open space, provided that the special permit granting authority may give permission for a lesser percentage if circumstances warrant, but in no case less than five (5) percent. (c) Setback requirements. All structures and facilities within the MPRD shall be subject to the following setback requirements: Front yard-75 feet Side yard-20 feet Rear yard-50 feet (d) Floor area ratio. The floor area in all buildings in a municipal properties reuse development shall not exceed a ratio of 1.0 excluding parking structures, malls and plazas. (e) Height. No building in the MPRD shall exceed fifty (50) feet in height. (Ord. of 9-16-82, § 4) 4.5.9 Parking requirements. (a) In all MPRD districts, adequate off street parking shall be provided for all vehicles normally visiting the property at any one time. The parking may be ground level, underground, or in a garage structure. Parking shall be provided at the following ratio for the different types of use within the municipal properties reuse development district on land in the same ownership or on a separate parcel, provided the nearest parking space is within two hundred (200) feet of the building that the parking lot will serve, and further provided that an agreement will be recorded dedicating the parcel to parking use for the reasonable life of the building: Use,Minimum Required Spaces (1) Residential:, ""a. Detached one, two or three family residential structures."",Two (2) spaces--for every family dwelling unit. b. Apartment and town houses., One and one-half (1 1/2) for every family dwelling unit. (2) Banks and financial services; business and professional offices.,""One (1) for What is the minimum lot size for each zoning district? Instructions: Reply with a list of zoning districts with their respective lot size minimums. Do this for as many districts as possible. [/INST] R-1 District : 20000 R-1A District : 15000 R-1B District : 10000 R-2: 5,000 R-3: 10,000 R-4: 30,000 R-5: 5ac., According to the Schedule of Dimensional Controls, these are the minimum lot sizes per district: R-1 District : 20000 R-1A District : 15000 R-1B District : 10000 R-2: 5,000 R-3: 10,000 R-4: 30,000 R-5: 5ac " "[INST] Context: SECTION 4000.DIMENSIONAL REGULATIONS 4100. GENERAL. No structure shall be erected or used, premises used, or lot changed in size or shape except in conformity with the requirements of this section, unless otherwise exempted by this Bylaw or by statute. 4110. One Structure per Lot Except as otherwise provided herein, not more than one principal structure may be placed on any lot. 4120. Change of Lot. No existing conforming or nonconforming lot shall be changed in size or shape except through a public land taking or donation for road widening, drainage, or utility improvements or except where otherwise permitted herein, so as to create a nonconformity or increase the degree of nonconformity that presently exists. If land is subdivided, conveyed, devised or otherwise transferred in violation hereof, no building or other permit shall be issued with reference to said transferred land until the lot retained meets the requirements of this Bylaw. 4130. Open Spaces to be Separate. No yard, court or open space or part thereof shall be included as a part of the yard, court or open space similarly required for any other building, structure or dwelling unit. 4140. Table of Dimensional Requirements The following table shall govern dimensional requirements in the various districts: TABLE OF DIMENSIONAL CONTROLS TABLE OF DIMENSIONAL CONTROLS DISTRICT,MINIMUM LOT AREA (SQ. FT.),MINIMUM LOT FRONTAGE (FT.),MINIMUM FRONT YARD (FT.),MINIMUM SIDE YARD (FT.),MINIMUM REAR YARD (FT.) RR,""80,000"",200,50,30,75 TR,""80,000"",150,50,25,60 RCR,""80,000"",150,50,25,60 SR,""40,000"",150,30,15,45 UR,""40,000"",150,30,15,45 C,None,50,30,15,25 I,None,None,40,30,45 4200. SPECIAL DIMENSIONAL REGULATIONS 4210. Front and Side Yards in Commercial District. In a Commercial District the Planning Board may, by special permit, vary the minimum front and side yard requirement where adequate access to required parking is shown and the standards for a special permit are met, provided that the floor area of the resulting building is no greater than it would be if there were no special permit. 4220. Minimum Lot Width parking is shown and the standards for a special permit are met, provided that the floor area of the resulting building is no greater than it would be if there were no special permit. 4220. Minimum Lot Width in Residential Districts. The minimum width of any lot in a residential district between the dwelling and the lot frontage shall be no less than forty (40) feet. 4230. Lot Shape The following rules apply to lot shape: 4231. In all residential districts, the required minimum lot frontage shall be maintained into the lot at least as far back as the required minimum front yard for the applicable district. 4232. If the width of a lot narrows to less than fifty percent (50%) of the width of the frontage within the first one hundred fifty (150) feet of the lot depth, the dimensional controls for a rear lot as set forth in Section 7500 shall apply. 4233. At no point shall the lot width measure less than forty (40) feet. 4234. The shape of all lots shall conform to the following requirement: 1. 16A > 0.4 2. P2 3. Where: 4. A = the lot area in square feet 5. P = the lot perimeter in feet. 4235. This formula may be applied to a lot which conforms to all requirements of Section 4000, including, but not limited to frontage, lot area, a minimum of 30,000 contiguous square feet of land exclusive of wetland and flood hazard areas and, when applicable, any requirements of Section 8100. 4240. Residential Use in Commercial or Industrial District A residential use hereafter located in a commercial or industrial district shall conform to the dimensional requirements of the nearest residential district except dwelling units above the first floor as allowed in the Commercial District. 4250. Special Permit; Eminent Domain. Where an action in eminent domain results in a lawfully preexisting building lot being rendered nonconforming, the Board of Appeals may grant a special permit to allow such lot may be built upon thereafter, provided that such lot has 100 feet of remaining frontage and a minimum area of 10,000 square feet. 4300. SPECIAL PERMIT TO VARY HEIGHT LIMITATIONS 4310. t arrangement of roadways, driveways, pedestrian and other open areas to provide access for emergency vehicles to reach all buildings and structures at all times. Each lot shall be of a size and shape to provide a building site, which shall be in harmony with the natural terrain and other features of the land and provide adequate allowance for future accessory buildings or structures. In no instance shall any of the dimensional controls be reduced below the following table of minimum requirements. The nature of the soils and subsoils shall be suited for the intended purposes. This determination shall focus upon, but shall not be limited to, the location, design and construction of access ways, buildings, septic systems and surface water drainage systems. Soil borings or test pits shall be required prior to the issuance of any building permits, unless waived by the Planning Board, to provide information on soil texture, color, percolation rates and depth to the groundwater table at its maximum elevation. Wherever possible and at the discretion of the Planning Board, a 50-foot wide no-disturbance buffer shall be provided around the entire perimeter of the site. This 50-foot buffer does count towards the minimum required amount of protected open space, subject to the limitations of section 7160. TABLE OF MINIMUM REQUIREMENTS TABLE OF MINIMUM REQUIREMENTS Requirement,Served by Town Sewer and Water,""Served by Town Water, but not Sewer"",Served by Neither Town Water or Sewer Minimum lot area,""20,000 sq. ft."",""30,000 sq. ft."",""40,000 sq. ft."" ""Minimum contiguous lot area exclusive of wetland, flood hazard and surface water areas"",""18,000 sq. ft."",""25,000 sq. ft."",""30,000 sq. ft."" Minimum lot frontage,75 feet,120 feet,120 feet Minimum side yard,15 feet,25 feet,25 feet Minimum rear yard,25 feet,25 feet,25 feet Minimum front yard,25 feet,25 feet,25 feet Note: Lots with duplexes (two attached dwelling units) or multifamily units shall require twice the minimum lot area as specified above for single family lots and mu hat less distance is desirable. In no case shall such distance be less than twenty (20) feet. 7324. On-site drained parking areas shall comply with Section 5100, and adequate provision for aisles and drives shall be provided. Visitor parking spaces shall be clustered and distributed throughout the site to complement the design and layout of the site and to ensure safe vehicular and pedestrian flow. Separate buildings for parking garages, if any, shall be located and designed so as to complement the apartment building design and site layout. Parking spaces located at the front of the site shall be suitably screened so as to not be viewed from the road. 7325. All dwelling units within apartment buildings shall have a minimum floor space area of four hundred-eighty (480) square feet. 7326. Except for detached single family dwelling units, no multifamily residential development containing eight (8) or more dwelling units shall have more than twenty percent (20%) of the total number of dwelling units with three (3) or more bedrooms. 7327. Easements and deeds shall be granted to the town to secure access to town facilities, utilities and land. 7328. Excepting master antennas serving one (1) or more buildings, exterior antennas for reception or transmission of electronic signals shall not be permitted. 7329. All multifamily developments shall require signage in accordance with Section 5300 to be located at all entrances to the multifamily development and in the case of apartment buildings, each building shall be designated by street numbering as determined by the Board of Assessors, and each unit number shall be clearly marked with numerals or letters of no less than six (6) inches in height and be of a clearly visible color. In the case of multifamily developments containing single-family detached dwelling units a permanent marker of engraved granite not greater than six (6) square feet in area shall be placed at the end of the driveway entrance to the multifamily development where it meets the public way and shall contain the diagram of the addresses of the properties as designated by the Board of Assessors. A similar, but smaller, marker shall be placed where the driveway meets the indi 8556. There shall also be at least 15 feet separation between any two structures in the MUD and the areas behind and between all structures shall be clear and accessible to the Town's fire suppression vehicles. 8557. Maximum height shall be 60 feet. 8558. Maximum lot coverage shall be 70 percent for lots within the Mixed Use Overlay District. 8559. Screening - When a Mixed Use Overlay District abuts a residential district, there shall be appropriate screening as approved by the Planning Board between the Mixed Use Overlay District and residential district. 8560. Parking and Curb Cut. Parking and Curb Cut Requirements. Unless as provided below, parking and circulation requirements shall be in accordance with Section 5000 et. seq. of this Bylaw except as described below for Mixed Use Developments: 8561. General - In a MUD adequate off-street parking shall be provided. The Planning Board and the applicant shall have as a goal for the purposes of defining adequate off-street parking, making the most efficient use of the parking facilities to be provided and minimizing the area of land to be paved for this purpose. In implementing this goal the Board shall consider complimentary or shared use of parking areas by activities having different peak demand times, and the applicant shall locate adjacent uses in such a manner as will facilitate the complementary use of such parking areas. Implementation of such complementary use of parking areas may result in permitted reductions in the parking requirements. 8562. Parking Locations - Parking may be provided at ground level, underground or in a parking garage. Parking garages can be free standing or as part of buildings dedicated to other permitted uses. 8563. Parking at Buildings - Parking shall be primarily located at the rear, side or under buildings. 8564. Parking Spaces for Each Dwelling Unit - There shall be a minimum of 1.5 parking spaces for each dwelling unit. 8565. Granting of Relief from Parking Regulations - The Planning Board may waive any of the foregoing requirements or the requirements of Section What is the minimum lot size for each zoning district? Instructions: Reply with a list of zoning districts with their respective lot size minimums. Do this for as many districts as possible. [/INST] RR: 80,000 TR:80,000 RCR: 80,000 SR: 40,000 UR: 40,000 C: None I: None, Based on the Table of Dimensional Controls, here are the minimum lot size requirements in each district. RR: 80,000 TR:80,000 RCR: 80,000 SR: 40,000 UR: 40,000 C: None" "[INST] Context: ndicated. E. Where the district boundary is indicated as approximately perpendicular to a street line, it is either perpendicular or radial unless marked otherwise. F. Where the district boundary is indicated as approximately following a stream, it is the center line of the stream. G. Where no other means of determination are possible, boundaries shall be determined by use of the scale on the Zoning Map. 2.4 Lots in Two Districts Where a district boundary zoning line divides any lot existing at the time such line is adopted, the zoning regulations applicable to each portion of the divided lot shall extend not more than thirty feet into the other portion of the same divided lot. 2.5 Lot Requirements 2.5.1 Lot Size and Shape Except as may be authorized by exemption, exception, special permit or variance, no lot on which a building is located in any district shall be reduced or changed in size or shape so that the lot fails to conform to the intensity of use schedule, except when a portion of the lot is taken or conveyed for any public purpose. 2.5.1.1 Lot Width The lot width requirement shall be maintained to the rear building line of each lot. (Amended at Annual Town Meeting, 1988) 2.5.2 Buildings, Pads, and Premises No building shall be erected or used or premises used, except in conformity with the Intensity of Use Schedule (Section 2.8) or Section 3.15 (Commercial Interchange District). No more than one principal building shall be erected or used on any one lot in the RA, RB, or RC zoning districts unless part of an approved Cluster Residential Subdivision approved in accordance with Section 2.13.0. Multi-building developments in the RD District or any Commercial or Industrial District (except the CI- Commercial Interchange District, in which use and development is subject to Section 3.15) on a single lot shall be subject to a Development Permit and Site Plan Review as provided in Section 1.3.2 and Section 3.13, and to any other Special Permit or approval required under this By-law. 2.5.3 Yards and Open Space No part of any yard or other open space required for the purpose of complying with the provisions of this By-Law shall be counted as part o ng land located in the same Zoning District, at the time of the adoption of this By-Law, or 2. Is a lot or lots separately described in a deed or record at the time of the adoption of this By-Law, or 3. Is a lot or lots separately shown on any approved subdivision plan notwithstanding the amount of elapsed time since approval of said plan, or 4. Is a lot or lots shown on a plan which does not require Planning Board approval under the subdivision law, provided the plan carries the notation that no such approval is so required, and notwithstanding the amount of elapsed time since the notation was made through vote of the Planning Board. a. Provided that any lot referred to above contains at least 5,000 square feet and in the case of more than one non conforming, undeveloped and contiguous lots in common ownership not protected under Chapter 40A, shall be subject to the provisions of 2.5.5.3. 2.5.5.3 Combined and Replatted Lots Notwithstanding the provision of Section 2.5.5.2. the Board of Appeals, as permit granting authority may require two or more non-conforming, undeveloped and contiguous lots in common ownership to be combined: a. Whenever such combination creates less than one fully conforming lot. b. Whenever such replatting and combination of lots creates a lot in excess of the applicable area and frontage requirements; the combined lots may be replatted into as many fully conforming lots of the required frontage as is practicable without in turn retaining or creating non-conforming lots, provided that if such replat would create or retain one or more non-conforming lot or lots, the combined lots shall be replatted into as many lots as most nearly conform to the applicable frontage requirements; which replat fully utilizes all existing frontage represented through the combination of said lots, and which replat in no case creates a lot with frontage less than 80% of the applicable frontage requirements. c. Whenever lots subject to combination are in common ownership with a building or structure, so much of any such non-conforming lot which is subject to the requirements of combination shall be reserved where ownership of the land involved is the same person or RC District shall apply to residential uses permitted in the CB District. c. Within the area formed by the lines of intersection streets and a line joining points of such lines twenty feet distant from their point of intersection, or in the case of a rounded corner, from the point of intersection of their tangents, no structure and no foliage shall be maintained between a height of three and one-half feet and six feet above the pavement grade. d. Corner lot shall maintain front yard requirements for each street frontage. e. Required in front yard. (Amended ATM, 1988) f. Area used for outdoor storage must be added to building coverage for intensity of use percentage. g. Ten percent required front yard. (Amended at Annual Town Meeting, 1988) h. See section 3.17 Adult Entertainment District. i. No building footprint may exceed 45,000 square feet without a special permit from the Planning Board. j. A lot which contains a non-residential use that abuts a Residential A, Residential B, Residential C, and Residential D zoning district or residential use shall contain a buffer area equal to the set back requirements for that district. The buffer area shall consist of trees, shrubs, vegetation and topographic features sufficient to separate and visually screen the use from abutting properties in any residential district or use. The following shall not be considered non- residential uses: lawful and permitted accessory uses to a residential use, home occupations and utilities. 2.7 Use Regulations 2.7.1 General Provisions No structure shall be erected, altered, or used and no premises shall be used except as set forth in the ""Use Regulations Schedule."" Construction or operations under a permit or special permit shall conform to any subsequent amendment to this bylaw unless the use or construction is commenced within six months after the issuance of such permits. 2.7.2 Prohibited Activities Land clearing, excavation, gravel removal, or clear cutting of trees in a val required under this By-law. 2.5.3 Yards and Open Space No part of any yard or other open space required for the purpose of complying with the provisions of this By-Law shall be counted as part of a yard or other open space required for a building on another lot, except in the case of integrated developments in the CI District. Integrated developments in the CI District that are located on more than one lot shall be considered to be on one lot, and separate yards shall not be required for interior lot lines."" (Amended S.T.M. 11/17/97) 2.5.4 Accessory Building No accessory building or structure, except a permitted sign or a temporary roadside stand, shall be located within a required front or side yard or nearer to the rear lot line than 10 feet, except that on lots of less than 10,000 square feet, accessory buildings may be placed within 3 feet of a side or rear line. 2.5.5 Exceptions to Lot Requirements 2.5.5.1 Waiver of Strict Compliance The Board of Appeals, as permit granting authority, may waive strict compliance with applicable requirements as follows: a. Lot frontage: providing at least 80% of the applicable requirement is met and the full required lot width is available at the building line. b. Side yard and rear yard: providing such waiver does not reduce conformity below 80% of the applicable requirements of the district in which the lot is located. c. Parking: providing such waiver does not reduce conformity below 80% of the applicable requirements of the district. The Board of Appeals shall affirmatively find that such waiver shall not in any substantial sense be detrimental and depreciate property values in the immediate neighborhood. 2.5.5.2 Exemptions from Frontage and Area Requirements In any zoning district, a lot or lots having less than the applicable square footage or frontage requirements, or both, shall be exempt from either or both requirements aforestated if said lot or lots: 1. Is a lot in ownership separate from that of adjoining land located in the same Zoning District, at the time of the adoption of this By-Law, or 2. Is a lot or lots separately described in a deed or record at the time of the adoption of this By-Law, or ale approved by the Board. (1"" = 200', 400', 1000'). The Board may waive the site plan, in whole or in part, or may require additional information, as appropriate. The general purpose of a site plan is to assure proper drainage, safe access and egress, adequate parking, loading areas, signs, landscaping, screening, and consideration of the needs of abutting landowners. Information relating to the following existing features may be indicated on separate or combined plans: Natural and man-made features, wetlands, wetland district boundaries, roads-public and private ways, driveways, means of access, parking area, natural and landscaped vegetation, water courses, dwellings and other structures, location of public water mains and hydrants, location of public sewerage facilities, and location of public utilities. Proposed uses shall be indicated also, including all new structures, changes in topography, landscaping, roads and ways, parking and loading facilities, water and sewerage facilities, and such other information necessary to fully describe the proposal. A.Narrative Report is suggested to explain features shown on site plans. Such a report is recommended to explain the proposed conditions on completion of the development and should address the following issues. a. Compliance with the zoning by-law. (Present and proposed future uses shall be identified as permitted or authorized by special permit.) b. Protection of adjoining premises from detrimental effects from the uses of special permits. c. Vehicular and pedestrian movement. (The present location, width, grades, drainage, driveways, as proposed must be considered. There may be changes in the direction of traffic flow.) d. Arrangement of structures. (Buildings, towers, and signs must be considered in view of light, air, solar orientation, open space.) e. Pa What is the minimum lot size for each zoning district? Instructions: Reply with a list of zoning districts with their respective lot size minimums. Do this for as many districts as possible. [/INST] I don’t know. , This excerpt does not contain minimum lot sizes per district. It describes regulations about lot sizes but not lot size minimums themselves. " "[INST] Context: aining storage, processing, manufacturing, or other operations which border other districts or which are visible from major highways, overpasses or thoroughfares passing through, or adjacent to the district shall be visibly screened by substantial walls, fences or vegetation screening at least eight (8) feet high; 2) Wrecking and salvage yards for the storage, processing, reduction, display, or sales of junk, scrap, salvage, second-hand materials, or by-products, provided however that such uses which border other districts or are visible from major highways, overpasses, or thoroughfares passing through or adjacent to the district shall be visually screened by substantial walls, fences, or vegetative material at least eight (8) feet high; 3) Gravel pits and other extractive industries, subject to regulations under section 301; 4) Concrete mixing plants, asphalt plants. E) Prohibited Uses. 1) Any use which emits strong odors, or dust particles, or smoke, or poses danger, such as manufacture of acids, gases, fertilizers, glue, petroleum refining, reduction of animal matter, manufacture of cement, gypsum, or explosives; 2) Any other use dangerous to persons within or outside the district by reason of emission or odor, fames, gases, particulate matter, smoke, noise, vibration, glue, radiation, electrical interference, threat of fire or explosion, or any other reason. F) Dimensional and Intensity Requirements. See Table 5. 1) 400' Lot width with 500' front yard including 150' front yard natural buffer is required on numbered routes or highways except where reverse frontage is employed so that buildings are accessed off of service roads and a 150' natural buffer strip is retained adjacent to the numbered route or highway. Where Ll Districts about residential districts, a 150' buffer must be preserved. Development within a lot shall include areas along the lot lines to be in the form of new or existing grass, trees, and/or planting areas which afford a vegetative buffer 10' minimum in width along the lot lines of maximum development density of the entire subdivision shall not exceed 1 dwelling unit per 120,000 square feet of land area. Lots lawfully laid out by plan or recorded deed prior to November 14, 1995 shall not be subject to the 120,000 square foot per lot density requirement. Notwithstanding the above, the required lot area can be reduced to not less than 60,000 square feet in the Rural Residential District providing the following requirements are met: C) The lot is being divided into not more than three (3) lots; D) Said division occurs prior to November 13, 2000. * Yards to be left in a natural state except for access roads. Table 5 continue District,Intent of District,Allowed Uses,Special Permit Uses,Prohibited Uses,Minimum Lot Size Dimensions,Minimum Lot Yard,Min Side Yard,Min Front Yard,Min Rear Max,Max Lot Coverage/ FAR,Max Height 401.06 R-20SL Small Lot Res.,""To provide areas where smaller lots of ample size may be available, consistent with the size and character of existing nearby lots."",All uses allowed in R-40,""Same as R-25 Reduction of lot size to 15,000 SF in Village Density Development."",Same as R-40,""20,000 SF 15,000 SF by special permit Two-family: 30,000 SF Cluster: 15 000 SF"",Width 90' Depth 150' 75' width by special permit,""15"""" single 35' Total variable by special"",30' Min permit,30',25%//NA,3 Stories 35 Feet """"""Intensity"",requirements of the RR District available,as of right; dimensional,and intensity requirements,specified herein,are available by special,permit pursuant to,Adequate Facility,conditions,or by,""exemption."""""", 401.07 R-20MD Medium Density Res.,To provide areas in which medium density multifamily homes may be built. To insure a high quality residential environment through rigorous standards and adequate review.,All uses allowed in R-20SL,""Same as R-25, except reduction of lot to 15,000 SF in Village Density Development."",Same as R-40,""20,000 SF Two-family: 30,000 SF Cluster: 15,000"",Width 90' Depth 150',15' single 35' Total vari MINIMUM AREA District,Minimum Area,Minimum Frontage RR,250 acres,200 feet R-40,100 acres,150 feet R-25,40 acres,110 feet Other dimensional requirements for a single-family dwelling or an NR use within an RD as follows: Min.Lot Size,Min.Lot Width,Min.Front Yard,Min.Side Yard,Min.Rear Yard ""6,000"",60',20',10',10' Other dimensional requirements for a single-family dwelling or all NR use within an RD as follows: Other dimensional requirements for multi-family structures shall be governed by the provisions of Section 401.08, except that no more than twenty-five percent (25%) of the units within an RD may be multi-family, and all such units must be of a townhouse type with separate entrances and with a maximum of eight (8) attached units per building. In calculating intensity of use and allocation of recreational areas, the following standards shall be used: 1. NR uses shall be subtracted from the. total land area before calculating residential densities. 2. Land or water areas contained in flood hazard areas designated as Zones A, A1-30, and B as defined in Section 401.08B shall be subtracted from the total land area before calculating densities. 3. Areas which are considered by the Planning Board as marginal or unsuitable for building such as Flood Plains, inaccessible wetlands and water areas, steep slopes (25 % or greater), highly erodible or poorly drained areas, areas of very shallow bedrock or of very high water table shall, as a general rule, be included in the recreational area. 4. Roads should be subtracted from total area in determining not densities. For preliminary and general planning purposes, roads may be established as fifteen (15 %) percent of total area. For definitive plans, all lot sizes and densities as specified herein shall be net figures with rights-of-way for streets figured exactly. In calculating intensity of use and allocation of recreational areas, the following standards shall be used: 5. Except when the provisions of Transfer of Development Rights are utilized, the total number of dwelling units in an RD shall be no gr Table 6 - Lot Requirements with Special Permit ,,TABLE,6, Width,Front Yard,,Side Yards, ,,TOTAL,MAJOR,MINOR 75' Min.,10' Min.,28' Min.,20' Min. Exclusive of Driveway,3' Min. Recom. 6' Max.w/out Driveway; 14' Recom. max. With Driveway 2) Front yard depth. On Minor Streets or other streets whose pavement width is at least twenty-six (26) feet, which have curbing unlikely to be widened in the future, the minimum yard requirements may be altered as stated herein. Such setbacks shall be allowed only when appropriate in relationship to other setbacks on the street and to the general character of the area, as determined by the Board of Appeals. The requirements of Section 300.08 shall be followed to create a variety in the setbacks along the street. 3) Side yard requirements. The principle structure should normally be sited so that one side yard is of minimum width and the other is thereby made larger and more useable. The major side yard shall normally be at least twenty (20) feet wide. The minor side yard should not be less than three (3) feet and should normally be no larger than six (6) feet, unless it accommodates a driveway, in which case it should be no wider that fourteen (14) feet. The width of side yards and their relationship to principle structures on the lot and to yards and structures on adjacent lots should be varied along the street. The width of side yards should be carefully considered in relation to the depth of the front yard, placement of the driveway, placement of permanent walls and accessory structures, if any trees and other major plantings, the topography, side yards and front yards on adjacent lots, and distances between structures on adjacent lots. These relationships should be varied from lot to lot along the street and shall not be the same for more than three contiguous lots. Where appropriate, accessory buildings of approved design and construction may be placed within four (4) feet of side lot line, provided that such structures shall not violate any requirements controlling distances between buildings, or shall any such structure be placed to cause any structure subsequently built on any adjacent lot not to comply with the intent of this section. 4) Distances between buildings on adjacent lots. No part of any structure shall be within sixteen (16) feet of any part of another structure on another lot and no part of any principle residential structure shall be within twenty-one (21) feet of any other principle residential structure. In addition, each wall of every building shall have a yard space in the shape of an isosceles triangle whose base shall be a straight line connecting the extreme ends of the wall and whose altitude (depth of yard) shall be equal to the length of the wall multiplied by one of the following factors: Table #1 Lot Standards for Development Abutting Streets LOT STANDARDS FOR DEVELOPMENT ABUTTING STREETS: ,,Minor,Street,Collector,Street,Major,Street,Scenic,Street Zone,Minimum Lot Depth,Lot Width,Min. Setback,Lot Width,Min. Setback,Lot Width,Min. Setback,Lot Width,Min. Setback RR,200,200 wooded,70,200 wooded 150 if reversed frontage,100,**200 wooded 150 if reversed frontage,120,200 150 if reversed frontage,120 R-40,200,150,50,170 130 if reversed frontage,75,200 130 if reversed frontage,100,200 150 if reversed frontage,120 R-25,175,110,35,150 90 if reversed frontage,60,200 90 if reversed frontage,100,200 150 if reversed frontage,120 R-20SL R-20MD R-20MF,150,90,30,150 85 if reversed frontage,60,175 85 if reversed frontage,100,175 125 if reversed frontage,100 * Revised 1986 A minimum width of 500 feet is required for lots: *Revised 1986 **A minimum width of 500 feet is required for lots: A. Located in the Rural Residential (RR) Zone, AND B. Having frontage on a Major Street, AND C. Located on a State numbered Arterial Route as designated on the Zoning Map, AND D. Located on or within 1,000 feet of Major Street road grades excess of 5 percent. What is the minimum lot size for each zoning district? Instructions: Reply with a list of zoning districts with their respective lot size minimums. Do this for as many districts as possible. [/INST] R-20SL: 20,000 R-20MD: 20,000, Based on the information given, this is what I found: R-20SL: 20,000,R-20MD: 20,000. This has only R districts so I don't believe I have all of the information needed. " "[INST] Context: ARTICLE V. Building, Lot and General District Regulations § 415-22. Building and lot regulations. [Amended 6-6-1994 ATM, Art. 80; 5-20-1996 ATM, Art. 44; 5-19-1997 ATM, Art. 64; 5-13-2002 ATM, Arts. 24, 36 and 43; 5-12-2003 ATM, Arts. 8 and 50] The following table sets forth building controls and regulations for each zoning district. The subsections which follow the table establish specific regulations for yards, accessory structures, building height, landscaping and land alteration. Minimum Yard Dimensions (feet) District,Mini- mum Lot Area (square feet),""Maxi- mum No. of Dwell- ing Units per 32,670 Square Feet"",Maxi- mum Building Average % of Lot,Maxi- mum Height (stories/ feet),Front,Rear,Side R-1,""32,670"",1,25,2.5/30,25,50,15 R-2,""32,670"",1,30,2.5/30,25,50,15 R-3,""32,670"",2,35,3.0/36,25,50,15 R-4,""32,670"",4,40,3.0/36,25,50,15 RSH-1,""32,670"",4,40,3.0/36,25,50,15 B-1,-,8,80,3.0/36,-,*,* B-2,-,8,80,3.0/36,20,30,30 I-1,-,-,50,3.0/36,50,30**,30** I-2,-,-,50,3.0/36,50,30**,30** I-3,-,-,50,3.0/36,50,30**,30** I-4,-,-,50,3.0/36,25,30**,30** H-1,-,-,50,3.0/36,50,30**,30** NOTES: * The minimum yard dimension abutting any residential district shall be 30 feet. ** 50 feet if the abutting land is within any residential district. A. Parking/access and egress requirements. (1) All parking spaces as required by this bylaw shall be a minimum of 10 feet in width by 20 feet in length for full size vehicles; and nine feet in width by 18 feet in length for compact vehicles. The ratio shall be 30% compact vehicles to 70% full size vehicles spaces. All parking spaces shall have a back-up area no less than 23 feet. (2) All parking areas, loading areas and areas used for access, egress or on-site circulation shall meet the following landscape requirements. (a) In all Residential Zones, all parking areas, loading areas and areas used for access, egress or onsite circulation shall be set back a minimum of 10 feet from any property line and the ten-foot set back shall be properly landscaped and maintained. (b) In the Business 1 District, all parking areas, loading areas and areas used for ac ses within 12 months of damage or destruction. E. Abandonment. All non-conforming uses which have been abandoned or discontinued for more than two years shall not be reestablished and any future use shall be in conformity with the provisions of this bylaw, except in the case of agricultural, horticultural, or floricultural uses where such non-use may exist for a period of five consecutive years. F. Changes. Once changed to a conforming use, no structure or land shall be permitted to revert to a non-conforming use. § 415-25. Corner lots; clear sight line. At all street intersections, no obstruction to vision (other than existing structures, posts, or trees) exceeding 30 inches in height above the established grade of the street at the property line, shall be erected on any lot within the triangle formed by the street lot lines and a line connecting these lines 20 feet from the point of street intersection. § 415-26. Lot size reduction. A. The area or dimension of any lot shall not be reduced to less than the minimum required according to this bylaw. B. If a lot is already less than the minimum required by this bylaw, the area and/or dimension may be continued but shall not be further reduced. § 415-27. Lot width. A. Minimum lot widths in residence, business and industrial districts shall be as follows: District,Minimum Width (feet) R-1,110 R-2,110 R-3,110 R-4,110 RSH-1,""110 [Added 5-12-2003 ATM, Art. 8]"" B-1,110 B-2,110 I-1,110 I-2,110 I-3,""110 [Added 6-6-1994 ATM, Art. 80]"" I-4,""110 [Added 5-19-1997 ATM, Art. 64]"" H-1,""110 [Added 5-5-2008 ATM, Art. 42]"" B. The minimum lot width of any lot shall be measured along the way on which the lot fronts at the required minimum setback for the district in which the lot is located. The lot may not be less than 40 feet wide at any point. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held 5/3/10. C. See Retreat Lots at § 415-28. § 415-28. Frontage requirements. A. Minimum required frontage for lots located in residence, business, and industrial districts shall be a eexisting lots. [Amended 5-14-2001 ATM, Art. 47; 5-13-2002 ATM, Art. 23] With respect to any lot in existence prior to the original enactment of the Zoning Bylaws of the Town of Rockland which has less than 110 feet of frontage, the minimum side yard requirement may be reduced by one foot for every 10 feet that the frontage is less than 110 feet, but in no instance shall any side yard be less than eight feet. § 415-35. Off-street parking requirements. The following off-street parking facilities shall be provided: A. Residential uses. (1) Dwellings (general): at least 2.0 spaces for each Single-Family Residence, and at least 3.0 spaces for each dwelling unit in a Two-Family Residence or Multi-Family Residence. [Amended 5-5-2008 ATM, Art. 55] (2) Dwellings for the elderly: at least one space for each dwelling unit in the building. (3) Nursing/rest home: at least one space for every four beds and one space for every two employees. (4) Boarding house: at least one space for each unit. B. Business uses. (1) Retail stores: at least one space for each 300 square feet of sales floor area and one space for every two employees. (2) Restaurants and other eating establishments: at least one space for every two seats and one space for every two employees. Requirements for fast-food type establishments shall be determined by the Planning Board for each individual submission. (3) Professional offices: at least one space for each 100 square feet of occupied floor area and one space for every two employees. (4) Private club: at least one space for every 10 members and one space for every two employees. (5) Hotel/motel: at least one space for each unit and one space for every two employees. (6) Funeral home: at least 10 spaces for each 600 square feet of floor area used for professional service and one space for every two employees. (7) Theaters: at least one space for every three seats and 1.5 spaces for every two employees. (8) Wholesale establishments: floor area used for professional service and one space for every two employees. (7) Theaters: at least one space for every three seats and 1.5 spaces for every two employees. (8) Wholesale establishments: at least one space for each 600 square feet of sales floor area and one space for every two employees. (9) Multi-family residences in Zoning District B (Business): at least 1.5 spaces for each dwelling unit to be located within 600 feet of the building, including spaces in public parking areas. C. Industrial uses. (1) Automobile service station: at least five spaces. (2) Industrial uses (general): at least one space for every two employees, one space for each vehicle generally based on premises and adequate space for visitors. These standards may be revised as per prevailing circumstances as deemed necessary by the Board of Appeals. D. Public uses. (1) Church or other place of worship: at least one space for every 12 seats, one space for every church official, and one space for every two employees. These requirements are subject to review by the Board of Appeals provided that non-conflicting parking facilities are available within 300 feet of the church. (2) Hospital: at least one space for every two beds, one space for every staff member and one space for every 10 daily visitors. (3) Medical or dental clinic: at least four spaces for each professional and one space for every employee. (4) Elementary, junior and senior high schools: at least 1.5 spaces per classroom and one space for every non-professional employee. (5) Library: at least one space for every five seats. E. Other uses. Sports arena, skating rink, or other similar establishment: at least one space for each 60 square feet of floor area (if no fixed seats) or one space for every four seats and one space for every employee or administrator. F. Overnight parking. [Amended 5-13-2002 ATM, Art. 41] (1) The overnight parking of a commercial vehicle in any Residential District, is on back a minimum of 10 feet from any property line and the ten-foot set back shall be properly landscaped and maintained. (b) In the Business 1 District, all parking areas, loading areas and areas used for access, egress or onsite circulation shall be set back a minimum of 10 feet from any property line and the ten-foot set back shall be properly landscaped and maintained. The parking requirement for the Business 1 District maybe met in whole or in part by off-site parking upon the issuance of a Special Permit by the Zoning Board of Appeals. (c) In the Business 2 District all parking areas, loading areas and areas used for access, egress or onsite circulation shall be set back a minimum of the 10 feet from any property line and the ten-foot set back shall be properly landscaped and maintained. Further, the front property line shall have a twenty-foot landscaped buffer zone along the entire width of the front lot line with the exception only of sidewalks and driveways. (d) In all Industrial Districts, which do not abut any Residential District, all parking areas, loading areas and areas used for access, egress or onsite circulation shall be set back a minimum of 10 feet from any property line and the ten-foot setback back shall be properly landscaped and maintained. (e) In all Industrial Districts which abut any Residential District all parking areas, loading areas and areas used for access, egress or onsite circulation shall be set back a minimum of 30 feet from any property line and the thirty-foot set back shall remain unaltered and in a state of natural vegetation. B. Yard regulations. (1) Obstruction to sky. Every part of a required yard must be open to the sky, unobstructed except for accessory buildings in the rear or side yards, and except for the normal projection of porches, balconies, steps, sills and cornices. (2) Side yard of corner lot. Any corner lot shall have a side yard equal in width to the minimum front yard requirement of any adjoining lot fronting on the side street. The minimum side yard setback shall be 10 feet. (3) Transition yard requirements. (a) Front yar What is the minimum lot size for each zoning district? Instructions: Reply with a list of zoning districts with their respective lot size minimums. Do this for as many districts as possible. [/INST] Sure! Based on the table provided, here are the minimum lot sizes for each zoning district listed: R-1 - 32,670 square feet R-2 - 32,670 square feet R-3 - 32,670 square feet R-4 - 32,670 square feet RSH-1 - 40,000 square feet B-1 - N/A B-2 - N/A I-1 - N/A I-2 - N/A I-3 - N/A I-4 - N/A H-1 - N/A , My answer is drawn from the Building, Lot and General District Regulations. " "[INST] Context: 6.0 INTENSITY OF LAND USE 6.1 Single Family and Non-Residential Uses 6.1.1 Lot Area and Frontage 6.1.1.1 Except as provided by section 6.1.1.2, each principal building or structure for non-residential use and each single family dwelling shall be located on a lot in conformance with the following requirements: (a) In the Central District, at least thirty thousand (30,000) square feet of area and one hundred and twenty-five (125) feet of frontage are required. (b) In the Residential District, the Outlying District, and the Coastal Conservation District, at least sixty thousand (60,000) square feet of area and one hundred and fifty (150) feet of frontage are required. (c) In the case of a corner lot, the required frontage need be provided only on one street, and shall be measured from the side lot line to the point of tangency of the required corner radius. 6.1.1.2 The requirements of section 6.1.1.1 are subject to the following exceptions: (a) A single family dwelling may be located on a reduced frontage lot, if the Planning Board determines (by a majority vote, and in conjunction with its review of an ""Approval Not Required"" or Definitive Subdivision Plan) that the lot meets the following requirements: (i) the lot is located in the Central District, the Residential District, the Outlying District, or the Coastal Conservation District; (ii) the lot has at least fifty (50) feet of frontage; (iii) the lot width at all points between the street line that provides the lot with frontage and the proposed building site equals or exceeds fifty (50) feet; (iv) the area of the lot is at least one hundred and eighty thousand (180,000) square feet, for lots located in the Residential District, the Outlying District, and the Coastal Conservation District, and ninety thousand (90,000) square feet, for lots located in the Central District; (v) the lot does not have contiguous street frontage with another reduced frontage lot that was held in common ownership with such lot on or after January 16, 2003; and (vi) if a rming use is proposed, the total floor area of all buildings associated with the non- conforming use, and the parking or loading capacity of such use, may not be increased by more than twenty-five percent (25%), as measured from the date on which the original non-conforming use became non-conforming (where multiple non-conforming uses are located on a lot, the calculations required by this paragraph shall be made in the aggregate); (d) if a non-conforming use has been changed to a more restrictive non- conforming use (in terms of such factors as intensity of use, parking or loading capacity, or hours of operation), it may not thereafter be changed to a less restrictive non-conforming use ; and (e) if a non-conforming use has been changed to a conforming use, it may not thereafter be changed to a non-conforming use. 5.3 Effect of Zoning Change 5.3.1 Any increase in area, frontage, width, yard, or depth requirements of this Bylaw shall not apply to a lot for single or two-family residential use, which at the time of recording or endorsement, whichever occurred sooner, was not held in common ownership with any adjoining land, conformed to then existing requirements and has less than current requirements, but at least five thousand (5000) square feet of area and fifty (50) feet of frontage, as provided in M.G.L., Ch. 40A, § 6. 5.3.2 Any increase in area, frontage, width, yard, or depth requirements of this Bylaw shall not apply for a period of five (5) years from its effective date to a lot for single or two-family residential use, provided the plan for such lot was recorded or endorsed and such lot was held in common ownership with any adjoining land and conformed to the existing zoning requirements as of January 1, 1976, and had less area, frontage, width, yard or depth requirements than the newly effective zoning requirements, but contained at least seven thousand five hundred (7500) square feet of area and seventy-five (75) feet of frontage, and provided further that the provisions of this section 5.3.2 shall not apply to more than three of such adjoining lots held in common ownership. 5.3.3 Construction or operations under a building or special permit shall confor lifies under section 6.1.1.2(a) or (b) for an exception to the applicable frontage requirement established by section 6.1.1.1. 6.1.3 Yard Area 6.1.3.1 In all districts, except the Retail District or the Business/Light Industry District, nothing other than fences, walks, public and private utilities and utility lines, septic systems, water supplies, and driveways shall be built on any lot nearer than fifty (50) feet to street lines and fifteen (15) feet to other lot lines, except with permission of the Board of Appeals which will take into consideration the alignment of existing adjacent structures. 6.1.3.2 Minimum Setback Areas in the Retail District or the Business/Light Industry District. 6.1.3.2.1 Except as permitted by Section 6.1.3.2.4, nothing shall be built or installed on any lot in the Retail District or the Business/Light Industry District within the minimum setback area (MSA) measured from street lines and other non-street, lot lines. 6.1.3.2.2 The MSA measured from street lines shall be calculated as follows: (a) for buildings which do not exceed one hundred and fifty (150) feet in length on the side facing the street, the MSA shall be fifty (50) feet from the street line; (b) for buildings which exceed one hundred and fifty (150) feet in length on the side facing the street, the MSA shall be equal to the length of the building on the side facing the street divided by three (3); and (c), for buildings that are stepped back from the street one or more times, separate MSAs shall be calculated, using the criteria stated above, for the length of the building closest to the street, and for each length of the building stepped back from the street. 6.1.3.2.3 The MSA measured from non-street, lot lines shall be fifteen (15) feet. 6.1.3.2.4 The provisions of Section 6.1.3.2.1 are subject to the following exceptions: (a) fences, walks, utilities, utility lines, septic systems, water supplies, and signs may be built or installed in an MSA; (b) parking spaces may be located within an MSA measured f o the following exceptions: (a) fences, walks, utilities, utility lines, septic systems, water supplies, and signs may be built or installed in an MSA; (b) parking spaces may be located within an MSA measured from a street line, provided that in no event will parking spaces be allowed within fifty (50) feet of the street line, or within a distance from the street line of one-half (1/2) of the MSA calculated for that street line, whichever distance is greater; and (c) a site access road may be built across an MSA measured from a street line, except that, within the distance described by Section 6.1.3.2.4 (b) above, the site access road shall run perpendicular, or nearly perpendicular, to the setback line; a site access road may not, within this distance, serve as a portion of a perimeter road running adjacent or parallel to the structure. 6.1.4 Floor Area 6.1.4.1 For each unit for rent in a hotel, inn, motel, tourist home or lodging house there shall be a minimum of one hundred and sixty (160) square feet for single occupancy plus sixty (60) square feet for each additional person occupying the unit. 6.1.4.2 The restrictions of this section shall not apply to any dwelling in existence in the Town at the time of the adoption of this Bylaw. 6.1.5 Lot Coverage 6.1.5.1 In the Retail District or the Business/Light Industry District, no more than fifty (50) percent of any lot or area shown on the site plan shall be covered by structures or impervious surfaces. 6.1.5.2 In all districts, the maximum building lot coverage for all new construction, alteration, enlargement, or reconstruction for all structures on any lot shall not exceed twenty-five (25) percent of the total lot area. 6.2 Multi-Family Dwellings 6.2.1 Applicability 6.2.1.1 Multi-family dwellings are authorized by this section in the Central District or the Residential District as follows: (a) a development creating fewer than five (5) multi-family dwelling units is authorized, subject to the requirements of this section, and pr y to the lines of such water course, drainage way, channel or stream and to provide for construction or other necessary purposes. In no case shall the width be less than twenty (20) feet or the side slope be steeper than two (2) horizontal on one (1) vertical. 4.3.3. Access easements or parcels to adjacent property shall be provided, if required by the Board, for use by emergency vehicles and for the benefit of the Town. They shall be a minimum width of twenty (20) feet. 4.3.4. Wherever possible easements along rear lot lines shall be continuous to the street at the end of the block to connect with the adjoining blocks in the shortest direct line. 4.4 Open Space 4.4.1. Before approval of a plan, the Board may also, in proper cases, require the plan to show a park or parks, suitably located for playground or recreation purposes or for providing light and air. The park or parks shall be reasonable in area in the opinion of the Planning Board, in relation to the land being subdivided and to the prospective uses of such land, and shall be at least equal to one (1) acre of land for each twenty (20) single family dwelling units or fraction thereof shown on the plan. The area shall be equal to three (3) times the floor area of all other dwelling units, and ten (10) percent of the land area for all non-residential subdivisions. The Board may, by appropriate endorsement on the plan, require that no building be erected upon such park or parks without its approval for a period of three (3) years. Each area reserved for such purpose shall be of suitable area, dimensions, topography and natural character for the purposes of a park and/or playground. The area or areas shall be so located as to serve adequately all parts of the subdivision as approved by the Board. The Board may require that the area or areas reserved shall be located and laid out so as to be used in conjunction with similar areas of adjoining subdivisions or of probable subdivisions. Any land so reserved shall be graded to dispose properly of surface water and shall be left in condition for the purpose intended, as required by the Board. Land acquired in this manner shall be com What is the minimum lot size for each zoning district? Instructions: Reply with a list of zoning districts with their respective lot size minimums. Do this for as many districts as possible. [/INST] Central District : 30000 Residential District : 60000 Outlying District : 60000 Coastal Conservation District : 60000, My answers are drawn from section 6.1.1.1. No specific lot size requirement mentioned for the Retail District or the Business/Light Industry District. " "[INST] Context: ARTICLE IV. APPLICATION OF DISTRICT REGULATIONS Sec. 4-1. Minimum regulations; uniform applicability. Except as hereinafter provided, the regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly: (1) No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all the regulations herein specified for the district in which it is located. (2) No building or other structure shall hereafter be erected or altered: a. To exceed the height; b. To accommodate or house a greater number of families; c. To occupy a greater percentage of lot area; d. To have narrower or smaller front yards, side yards, rear yards or other open spaces; than herein specified for the district in which it is located or in any other manner contrary to the provisions of this ordinance. (3) No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purposes of complying with this ordinance shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building. (4) No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance. ated. (4) Minimum lot frontage. To preserve and protect the value of properties adjacent to a proposed planned unit development district and to provide for an orderly and uniform transition, lots which will be adjacent or across the street from existing residential developments shall be required to provide an amount of street frontage not less than that of existing lots but not greater than minimum ordinance requirements for the zone in which they are located. (5) Minimum lot size. Residential lot sizes in a planned unit development district may be reduced below the minimum standards required by the zoning ordinance. As a prerequisite, the developer shall demonstrate that there is a reasonable relationship between the proposed lot size and the usable and accessible open area within the total development. An individual lot shall be large enough to provide for private open space associated with the living accommodations. (d) Any petition filed for a planned unit development under this section shall be accompanied by five (5) copies of a site plan, which shall be at a scale to be established by the planning board and shall include five (5) copies of all the information required for a definitive plan under section III B of the subdivision regulations of the planning board of the City of Salem, and such petition shall also be accompanied by five (5) copies of an environmental impact statement as set out in Appendix A of the subdivision regulations of the planning board of the City of Salem. (e) The planning board shall, within seven (7) days after receipt of said application, transmit one (1) copy of said application and plan to the inspector of buildings, city engineer, board of health and conservation commission, who may at their discretion investigate the application and report in writing their recommendations to the planning board. The planning board shall not take final action on such plan until it has received a report thereon from the inspector of buildings, city engineer, board of health and conservation commiss ARTICLE VI. DENSITY REGULATIONS Sec. 6-1. Residential uses. (a) A dwelling hereafter erected in any district shall be located on a lot having not less than the minimum requirements set forth in Table I following section 6-4, and no more than one (1) dwelling shall be built upon any such lot. No existing lot shall be changed in size or shape so as to result in a violation of the requirements set forth in Table I. (b) In interpreting Table I, the following provisions shall apply: (1) The minimum front yard depth required shall be measured from the right-of-way line where a plan of the right-of-way is on file with the registry of deeds, or in the absence of such a plan, from a line thirty-five (35) feet from and parallel with the centerline of the traveled way to the front building line. (2) The minimum side yard width required shall be measured from the side lot line to the side building line, and the minimum rear yard depth required shall be measured from the rear lot line to the rear building line. (3) On a corner lot, the minimum front yard depth, rather than the minimum side yard width, shall be applied to determine the setback of any building from lot lines abutting any public way. (4) The minimum lot width required shall be measured at the rear of the required front yard depth and on a line parallel to the right-of-way line where a plan of the right-of-way is on file with the registry of deeds or, in the absence of such a plan, from a line twenty-five (25) feet from and parallel with the centerline of the traveled way. (5) The building height shall be measured from the average elevation of the proposed finished grade at the front line of the building to the highest point of the roof for flat roofs, to the deck line for mansard roofs, and to the mean height between eaves and ridge for gable, hip ed districts after holding a public hearing. k. Notwithstanding anything in these zoning regulations to the contrary, sales of individual dwelling units in multifamily dwellings or otherwise, constituting townhouses, row houses or attached houses or the like, may be made without compliance with the residential density regulations appearing in this ordinance, excepting only that a minimum lot area of each dwelling unit shall be one thousand (1,000) feet. (6) Notwithstanding the ""specifically excluded"" list of uses specified in paragraphs (b) and (c) of this section, certain other uses will be allowed by special permit for certain multifamily complexes. Therefore, multifamily (apartment) buildings and developments complying with the following basic minimum requirements may have the hereinafter permissive special permit uses built and occupied as part of the development: a. The hereinafter listed special permit uses may be built and occupied by a special permit issued by the board of appeals as required by section 9-4 hereof. The basic minimum requirement shall not be changed. If any change in the basic requirement is made, the special permit use shall cease forthwith. The basic requirements are: 1. There shall be a minimum of one hundred fifty (150) dwelling units in the building or buildings. 2. The ownership title to all buildings and all land shall be held in a single ownership, either by a corporation or an individual. 3. All multifamily buildings shall be built and so located that no other type of building except a multifamily dwelling shall occupy any part of the land or development. 4. The area occupied by all businesses permitted by the special permit uses shall be within a multifamily dwelling or may be in an ell or wing, providing the ell is more or less attached to the main building. 5. The areas required for such special permit occupancy shall be predetermined so as to prevent locating such businesses in a haphazard manner. It is the intention of this provision to concentrate the business into one (1) general area to create a ""local business area"" with Subdivision Regulations, Zoning Ordinance and the Wetlands Protection Act. ** Width of grass strip is determined by the eventual street designation by the Planning Board. Grades shall not be more than 6% for principal streets nor more than 10% for secondary streets. Streets laid out at a 6% through 10% slope shall not vary more than +0.3 foot (three tenths of one foot) from the elevations shown on the Definitive Plan. 4. Dead-end Streets a. Dead-end streets shall not be longer than five hundred (500) feet. b. Dead-end streets which do not have the potential for further subdivision shall be provided at the closed end with a turnaround having curb-face to curb-face roadway diameter of at least ninety (90') feet. c. Dead-end streets which have the potential for further subdivision shall contain a T or Hammer Head turnaround 20 feet x 35 feet. B. Easements 1. Easements for utilities across lots or centered on rear or side lot lines shall be provided where necessary and shall be at least twenty (20) feet wide. 2. Where a subdivision is traversed by a water source, drainage way, channel or stream, the Planning Board shall require that there be provided a storm water easement or drainage right-of-way of adequate width to conform substantially to the lines of such water course, drainage way, channel or stream, and to provide for construction or other necessary purposes. C. Open Space Before approval of a plan the Planning Board may also in proper cases require the plan to show a park or parks suitably located for playground or recreation purposes or for providing light and air. The park or parks shall not be unreasonable in area in relation to the land being subdivided and to the prospective uses of such land. The Planning Board shall by appropriate endorsement on the plan require that no building be erected upon such park or parks without its approval for a period of three years after the date of endorseme What is the minimum lot size for each zoning district? Instructions: Reply with a list of zoning districts with their respective lot size minimums. Do this for as many districts as possible. [/INST] I don’t know. , The answer for minimum lot sizes is not addressed in the provided excerpt. " "[INST] Context: ate income under programs regulated and financially assisted by agencies of the government of the United States or of the Commonwealth of Massachusetts under programs for that purpose. The special permit shall impose appropriate safeguards to ensure continued use of forty percent (40%) or more of the family units for subsidized housing. No special permit shall be issued prior to receipt of such advisory, unless forty-five (45) days have elapsed from the date of submission of the request by the Zoning Board of Appeals. Failure to advise within the time limit shall be deemed a favorable recommendation. 7.5.10 Phasing. Upon authorization of multifamily use by the Zoning Board of Appeals, the Planning Board shall establish an annual limit for the number of dwelling units to be authorized, taking into consideration the town-wide building rate experienced over the previous two (2) years and anticipated over the next half dozen years, the needs which the housing will serve, the ability of the town to provide services in a timely manner and the housing cost and feasibility consequences of the limitation. 7.6 ACCESSORY FAMILY DWELLING UNIT 7.6.1 Purpose. The intent and the purpose of this section is to permit accessory dwelling units in single-family residential districts subject to the standards and procedures here and after set forth. It is also the intent to assure that the single-family character of the neighborhood will be maintained and that the accessory unit remains subordinate to the principal living quarters. 7.6.2 Special Permit. A special permit may be granted for the conversion of, by attachment via common wall or containment within, an existing single-family dwelling only or new construction of the same only to accommodate an additional family living unit in districts where allowed in the Table of Use Regulations, provided that there is compliance with all provisions of this section. 7.6.3 Use Limitations. Such additional family living unit shall be limited to a maximum of four (4) pe use unless approved by the Planning Board. 3. Capacity of any restaurant/snack bar shall not exceed sixty (60) seats unless approved by the Planning Board. 4. Ancillary uses located within a residential structure shall have no exterior advertising display except for signs approved by the Planning Board, with advice from the Inspector of Buildings. 5. No on-site public retail or professional services shall be permitted as primary or ancillary uses within a RA or RB zoning district. 7.4.7 Decision. The Planning Board may impose additional conditions not inconsistent with this or other sections of the Zoning By-Law. 7.5 MULTIFAMILY DWELLINGS 7.5.1 Administration. The Board of Appeals may grant a special permit for the construction and occupancy of multifamily dwellings on any parcel in excess of five (5) contiguous acres in the RM District subject to the following regulations and conditions. 7.5.2 Application. Applicants shall submit to the Board of Appeals five (5) copies of the following: 1. An application. 2. A site plan prepared by a registered architect, landscape architect and civil engineer, showing existing and proposed topography, proposed structures, drives, parking, landscaping and screening, utilities, drainage and reserved open space, if any. 3. A ground floor plan, sections and elevations of all proposed buildings. 4. Materials indicating the proposed number of dwelling units, distinguishing units by number of bedrooms and any special occupancies (elderly or handicapped); form of tenure and subsidies anticipated; rent or sales prices, including any commitments for price ceilings; methods of water supply and sewerage disposal; time schedule for construction of units and improvements; service improvements proposed at the developer's and those anticipated at the town's expense; and means, if any, of providing for design control. 7.5.3 Impact Statement. An analysis of the consequences of the proposed development, shall be submitted, evaluating the following imp red (300) feet or one hundred fifty (150) feet if abutting other premises developed for multifamily use. 3. Front, side and rear yards shall be not less than fifty (50) feet, except that no multifamily structure or parking area serving a multifamily structure shall be less than three hundred (300) feet from any existing public street or less than two hundred (200) feet from any other premises not zoned RM. 4. Within the three-hundred-foot street setback, there shall be no development, except for access drives essentially perpendicular to the street, and no removal of trees having trunk diameter of six (6) inches or greater, except as essential for access and safe visibility for egressing vehicles and to remove unhealthy trees. 5. Required yards abutting a public way and required side and rear yards shall be maintained or landscaped so as to provide a dense planting of trees and shrubs with an effective height of at least six (6) feet. 6. Building height shall not exceed twenty-eight (28) feet. No building shall exceed two (2) stories in height. 7.5.8 Building Design. 1. Each building entrance shall give access to no more than two (2) dwelling units. 2. No floor except an unoccupied basement shall be below grade at its entire perimeter. 3. No structure shall contain more than twelve (12) dwelling units. 7.5.9 Decision. In considering approval of a special permit, the Zoning Board of Appeals shall seek an advisory from the Planning Board or its designated agent on the advisability of reducing lot area to seventy-five percent (75%) of that otherwise required herein for any development sponsored by a public agency, nonprofit, limited dividend organization or cooperative in which forty percent (40%) or more of the dwelling units are to be subsidized for people of low or moderate income under programs regulated and financially assisted by agencies of the government of the United States or of the Commonwealth of Massachusetts under programs for that purpose. The special permit shall t, for review and concurrence by the Planning Board. 3. The total number of dwelling units shall not exceed that allowed by the following formula concurred with by the Planning Board: [Amended 5-5-2010 ATM, Art. 16] USABLE ACRES/MINIMUM LOT AREA = NUMBER OF CONDENSED SIZE LOTS WHERE USABLE ACRES = [TOTAL TRACT ACRES]-[20% EXCLUSION OF TRACT ACRES (streets, walks, easements, etc.)]-[50% TRACT ACRES FOR OPEN SPACE] No structure shall be built or used in a cluster development except in compliance with the use regulations of Section 3.1 [Principal Uses] and with the following dimensional regulations. Minimum Lot Area District,(square feet),Frontage,Front,Side,Rear RA,""15,000"",75,20,10,30 RB,N/A,N/A,N/A,N/A,N/A RM,N/A,N/A,N/A,N/A,N/A 4. Side and rear yard requirements shall apply only where the lot in the cluster development abuts non-cluster adjacent property, elsewhere side and rear yard requirements may be waived by the Planning Board. 5. Larger lot sizes may be required, as determined by the Planning Board with advisory by the Board of Health, where public sewerage is not available, and considering soil conditions, water table and slope conditions. 6. No lot shall have more than ten percent (10%) of its minimum lot area made up of wetlands and slopes greater than twenty-five percent (25%) in grade, singularly or combined. 7. Only single-family dwellings shall be allowed in cluster developments unless provisions of Subsection 7.3.7 are followed. 8. Buildings shall be oriented with respect to scenic vistas, natural landscape features, topography and natural drainage areas in accordance with criteria for site plan review of this 9.4. 9. New dwellings shall be grouped so that fields, pastures, woodlands, and road frontage remain as undeveloped as possible. To serve the purposes of this requirement, subdivision definitive plans shall depict the approximate location line of undisturbed woodlands and other greenery associated with separate building lots. 7.3.5 Open Space. All remain in the Table of Use Regulations, provided that there is compliance with all provisions of this section. 7.6.3 Use Limitations. Such additional family living unit shall be limited to a maximum of four (4) persons, so conditioned, provided, further, that the owner of record is an occupier of the structure which includes the accessory family dwelling unit. No boarders or lodgers shall be allowed in either dwelling unit. There shall be no other living unit on the lot which such accessory unit is to be located. 7.6.4 Disposal of Sewage. Adequate provision shall be made for the disposal of sewage, waste and drainage generated by the occupancy of such accessory unit in accordance with the requirements of the Board of Health. Such determination shall be made prior to the application for a special permit and included with such application. 7.6.5 Ingress; Egress; and Access. Adequate provision, as determined by the Building Inspector, shall be provided for ingress and egress to the outside of each unit separately. To the extent possible, exterior passageways and accessways shall not detract from the single-family appearance of the dwelling. An interior doorway shall be provided between each living unit as a means of access for purposes of supervision and emergency response. All stairways to additional stories shall be enclosed within the exterior walls of the structure. 7.6.6 Required Finding. The Zoning Board of Appeals shall determine that such conversion, new construction and occupancy of each unit shall meet the requirements of this section. 7.6.7 Area Limitation. Such accessory unit shall be limited to a maximum of twenty-five percent (25%) in floor area of the principal residence or eight hundred (800) square feet, whichever is greater, exclusive of any garage, shed or similar structure or other accessory use attached to the dwelling. 7.6.8 Plans. Floor plans of the accessory unit and principal residence, with a certified site plan showing the dwelling on the lot and its relationship to t Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Yes, the Board of Appeals in Ashland may grant a special permit for the construction and occupancy of multifamily dwellings on any parcel in excess of five (5) contiguous acres in the RM District subject to certain following regulations and conditions. " "[INST] Context: single family building permit before the Building Inspector in any given month. Building permits shall not be issued to any applicant authorizing the construction of more than six (6) new single family dwelling units (exclusive of unused authorizations that have lapsed or have been withdrawn) in any twelve (12)-month period for any lots that are, as of date of adoption of this bylaw, contiguous or held in the same ownership, unless the Planning Board has granted an exemption from this requirement pursuant to a special permit, as provided in subsection 2.5.8.6. The procedures for issuing the new single family building permits referred to herein shall be as follows: a. Applications for a building permit must be completed and filed. Improperly filed or rejected permits shall not be deducted from the available units to be authorized in any month, will not be included in the chronological sequence described in 2.5.8.4, and will require a new submittal. b. The Building Inspector must process and issue permits for all complete and properly filed permit applications pursuant to this bylaw, in the chronological sequence in which such applications are received. c. To assist the Building Inspector, the Planning Board shall establish procedures. and may adopt reasonable rules and regulations, to ensure. the proper administration of this bylaw and the orderly phasing of residential development associated with building permits for any land subdivided pursuant to the provisions of MGL Chapter 41, the Subdivision Control Law. 2.5.8.5 Exemptions The permit limitation provided in this bylaw shall not apply to building permits for the construction of the following: a. Any housing unit to be built under any program or statute intended to assist in the construction of low or moderate income or elderly housing as defined in any applicable statute or regulation, including Town bylaws. b. Reconstruction of an existing dwelling after catastrophic loss, or repairs, expansion, alteration or historic restoration to an existing dwelling. c. Applications for permits that have nd lots (and the affordable units considered as Local Initiative Program (LIP) dwelling units) or the Zoning Board of Appeals (ZBA) if the project is **Webmasters Note: There is a page missing from the original document and will be inserted upon receipt. affordable units given a particular range of total lots in a subdivision or total units in a multiple unit development. This schedule is given for reference: Affordable Lots / Units Established Total Lots / Units 1 8 to 15 2 16 to 23 3 24 to 31 4 32 to 39 5 40 to 47 6 48 to 55 7 56 to 63 8 64 to 71 and so on... 3. The AHU(s) shall be constructed or rehabilitated on the locus subject to the special permit. 4. The AHU(s) constructed or rehabilitated on a locus different than the one subject to the special permit (see Section 2.5.9.9). 5. an equivalent fees-in-lieu of payment and/or donation of land in fee simple may be made (See Section 2.5.9.12, below). The applicant may offer, and the SPGA may accept, any combination of the Section 2.5.9.5.(3)(5) requirements provided that in no event shall the total number of units or land area provided be less than the equivalent number or value of affordable units required by this Bylaw. 2.5.9.6 Provisions Applicable to AHU's On- and Off-Site 1. Siting of AHU's - All affordable units created under this Bylaw shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units. 2. Minimum design and construction standards for affordable units - AHU's within market rate developments shall be integrated with the rest of the development, shall be externally undistinguishable from the market rate units and compatible construction and quality of materials with other units. 3. Timing of construction or provision of affordable units or lots. The SPGA will impose conditions on the special permit requiring constructi 2.3.5 Dimensional Regulations 2.3.5.1 General No structure shall be erected or extended, or lot created or reduced in size, except through a public taking, unless in conformity with the requirements of this section, or unless specifically exempted by statute or this Bylaw. 2.3.5.2 Dimensional Schedule. Minimum lot area **,""80,000 sq. ft."",4.5 acres,1.5 acres Minimum lot frontage **,200 feet,50 feet,200 feet Minimum depth: Front yard **,50 feet,50 feet,150 feet Other yards **,20 feet,50 feet,50 feet ** See definition *** Refer to 2.3.5.5 Note A. Maximum lot coverage shall be 8% and the sum of all impermeable surfaces and other areas subjected to vehicle traffic or parking on a regular basis shall not exceed 50% of the total lot area within the zone of proposed use. 2.3.5.3 One Building Per Lot (a) Residential Use: Not more than a single dwelling shall be erected or moved on a lot. (b) Other Uses: Not more than a single principal building, regardless of use, shall be erected or moved onto a lot. 2.3.5.4 Dimensional Nonconformancy (a) (Deleted 5/2/88 Art 9) (b) Two-dwelling lots. A single lot containing two or more lawfully existing dwellings less than forty (40) feet apart at the closest point of measurement may be divided into separate lots despite not meeting yard requirements, provided all other applicable provisions of this Bylaw are satisfied. 2.3.5.5 Backland Zoning In Residential Districts backland or reduced frontage lots may be created by Special Permit issued by the Planning Board. Each such lot must meet the following criteria: (a) A minimum of street frontage on an accepted and/or approved town way of 50 feet. (b) The minimum allowable lot width between the dwelling site and the access to the public way is 25'. All plans for such lots shall show and indicate what the minimum lot width is in said plan though it may be in excess of 25'. (c) The minimum lot size shall be 4 1/2 acres. (d) Not more than one other Backland lot with frontage contiguous to it will be allowed. A Backland lot or lots as allowed under this Backland Zoning Bylaw shall be separated from any other Backland lot or lots by not less than two hundred feet (200') of frontage on an accepted and/or approved right-of-way. (e) No structure shall be erected within 50 feet of any lot line. (f) Once a Backland lot is created. and approved by the Planning Board, it cannot be subsequently divided to less than four and one-half (4 1/2) acres. (g) At least 1 1/2 acres of contiguous land which is not in a: (1) Flood Plain District (Section 2.5.3) (2) Water Resource Protection District (Section 2.5.4) (h) Granting of a Special Permit under this Bylaw does not constitute a waiver of any other applicable Bylaw or statute. BACKLAND LOT BACKLAND LOT Minimum Lot Size Minimum 14 Acre Area Not in Section 2.5.3 and 2.5.4 4.5 Acres 1.5 Acres 25 Minimum Lot Width Minimum Lot Frontage 50' STREET d has by rule or regulation required that not more than one building for dwelling purposes be erected or placed or converted to use as such on any lot without its consent, until satisfied that such consent has been obtained. No building permit within a subdivision shall be issued without the written permission from the Board releasing the lot for the erection of a building. 1408. All plans so submitted (except preliminary plans) shall be accurate representations of actual field surveys that conform to Technical Standards for Property surveys as adopted by the American Congress on Mapping and Surveying and endorsed by the Commonwealth of Massachusetts Board of Registration of Professional Engineers and of Surveyors. 1409. Strict compliance with the requirements of these subdivision rules and regulations may be waived when, in the judgement of the Board, such action is in the public interest and not consistent with subdivision control law. All plans and all procedures shall in all respects comply with the provisions of these rules and regulations, unless the Board authorizes a variation therefrom in specified instances. 1410. When the applicant is seeking waivers to these rules and regulations, the applicant shall present a separate letter requesting such waivers to the Board at the time of application. The list of waivers shall also be printed on the plan next to the Board's signature block. 1411. Any part of these rules and regulations subsequently invalidated by a new federal or state law or modification of an existing federal or state law shall automatically be brought into conformity with the new or amended law, and shall be deemed to be effective immediately, without recourse to a public hearing and the customary procedures for amendment or repeal of such regulations. 1412. If any section, paragraph, clause, sentence or provision of these rules and regulations shall be adjudged not valid, the adjudication shall apply only to the material so adjudg s to Subdivision Regulations: In so far as a FOSPRD constitutes a subdivision (per M.G.L. C41, Section 81-L), both the subdivision and the special permitting approval processes may run concurrently. However, subsequent approval by the Planning Board of such portions of the development which constitutes a subdivision shall be required as set forth in the Bolton Subdivision Rules and Regulations, including the approval of the streets and utility system. A favorable action which may be made by the Board on a special permit application for a FOSPRD shall not, therefore, be deemed either to constitute subdivision approval under Bolton Subdivision Rules and Regulations, nor imply that such approval will be given. 2.3.7 Major Residential Development 2.3.7.1 Applicability Lands affected by this section 2.3.7 includes residentially zoned property, or set of contiguous properties, in common ownership, or in common ownership as of June 10, 1996. The term ""common ownership"" shall be defined as ownership by the same person or persons or legal entities, or ownership by any two or more persons or entities, as evidenced by control, pursuant to established law. A Major Residential Development shall mean any subdivision(s), as defined and limited in Massachusetts General Law Chapter 41, section 81L, which in any five year period, either: a) comprises 15 acres or greater of new residential lots and road rights-of-way; b) results in the creation of greater than 7 residential lots, or c) results in the construction of greater than 500 feet of new roadway. Any subsequent subdivision proposal which, if approved, would result in total development in excess of any of the preceding thresholds in any five year period, shall itself be subject to this section 2.3.7, and shall cause any previously approved subdivision(s) which contributed to the aforesaid threshold calculation to then also be subject to this section 2.3.7 as a part of that subsequent subdivision proposal. 2.3.7. Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] No, Based on the provided Bylaw, multi-family housing is not explicitly allowed by righ or by special permit. The bylaw only addresses single family developments, which suggests that multifamily units are not considered nor included. " "[INST] Context: accessory building located on a lot with a single-family dwelling for the purpose of providing small additional dwelling units without adding to the number of buildings in the Town or substantially altering the appearance of buildings, the neighborhood, or the Town; increasing the range of housing accommodations; encouraging a greater diversity of population; and encouraging a more efficient and economic use of existing housing stock by enabling owners of single-family dwellings larger than required for their present needs to share space while maintaining the single-family appearance and character of buildings, the neighborhood, and the Town. (1) Accessory Apartments Allowed By Special Permit The Planning Board may grant a Special Permit for an accessory apartment provided that: (a) The accessory apartment is attached to or within a single-family dwelling, or is within a detached accessory structure in existence on or before March 8, 2007 and (b) provided that all of the following additional requirements are met: 1. No more than one accessory apartment may be located on the lot. 2. The accessory apartment shall be a use secondary and incidental to the single-family dwelling on the lot, and shall contain no more than 600 square feet of Gross Floor Area. 3. The accessory apartment shall contain no more than 3 rooms, excluding hallways, bathrooms and closets. 4. Either the single-family dwelling or the accessory apartment shall be occupied by the owner of the lot. For the purposes of this section, the ""owner"" shall be one or more individuals holding legal or beneficial title to said lot and for whom the dwelling is the primary residence for voting and tax purposes. 5. The private water and on-site sewage disposal system shall be adequate to serve both the existing single-family dwelling and the accessory apartment. 6. Any entrance required by the inclusion of an accessory apartment shall be clearly secondary to the main entrance of the primary dwelling unit. 7. Any modification to the existing entran rtment. 6. Any entrance required by the inclusion of an accessory apartment shall be clearly secondary to the main entrance of the primary dwelling unit. 7. Any modification to the existing entrances on the front facade of the single-family dwelling shall result in the appearance of a single main entrance. 8. Two (2) off-street parking spaces shall be provided for the accessory apartment. 9. Curb cuts for the lot shall be limited to those already in existence on or before March 8, 2007, or for new construction, shall be limited to one. 10. The accessory apartment shall be occupied only by the owner(s) of the lot, their family members, or in-home care providers for said owner(s) or their family members. 11. The number of occupants in the accessory apartment shall be limited to three people. 4200 Nonconforming Uses and Structures 4201 General Except as may otherwise be provided by law, this Bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing on such Bylaw required by MGL c. 40A, § 5, but shall apply to a building or special permit issued after the first notice of said public hearing, to any reconstruction, extension or structural change of such structure and to any alteration of a structure begun after the first notice of said public hearing to provide for its use for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent, except where alteration, reconstruction, extension or structural change to a single or two-family residential structure does not increase the non-conforming nature of said structure. 4202 A special permit must be obtained from the Board of Appeals pursuant to the provisions of Section 9200 before any change, alteration, or extension of a nonconforming use or structure may be made and no such permit will be granted unless the Board of Appeals shall have found that such change, alterati 05 Further Supplementary Intensity Regulations No more than one single-family dwelling may be located on a lot. 5006 Intensity Regulations for Structures Other Than Buildings In all districts, no structures may be hereafter erected or used (a) on a lot that does not comply with the minimum area requirements; and (b) unless it meets at least one-half of the minimum setback requirement. 5007 Location of Accessory Buildings No accessory buildings shall be located within the required front yard area. No accessory building shall be located in any side area nearer to the side lot line than ten (10) feet, or in a rear area nearer to the rear lot line than 10 feet, or nearer to another principal or accessory building than ten (10) feet. For the purpose of this Bylaw, a garage attached to a dwelling shall be considered an accessory building, provided that there is no occupiable or living space, that does not conform to the minimum setback for residential dwellings, above any part of the garage footprint. 5008 Height restrictions for tall structures and roof-attached structures, except as covered under Section 7400 Wireless Communication Facilities (1) Tall structures are defined as any freestanding man-made device (tower, antennae, wind turbine, lattice, etc.) which exceeds forty-five (45) feet in height from ground level. Tall structures may be allowed by special permit from the Board of Appeals in accordance with the following requirements: (a) A tall structure shall not be located within a front or side yard setback; (b) A tall structure shall be set back from all lot lines a minimum of the structure's height; (c) A tall structure shall not degrade scenic vistas; and (d) No lot shall contain more than one tall structure. (2) Roof mounted or attached structures are permitted provided that such structures do not exceed ten (10) feet above the uppermost part of the building to which it is attached or forty-five feet (45) total height from ground level whichever is less. 5009 Lot Regularity Except for Reduced Frontage Lots, no building lot shall be created in the Agricultural-Residential District or the Residential 1 District after the effective date of this Bylaw that does not conform to the following requirements: a) The lot contains a quadrangle, le state and local regulations, and without extraordinary engineering measures. Where the maximum square footage is in doubt, the determination of the Planning Board shall be conclusive for all purposes. 7706 Decision The Planning Board may approve, approve with conditions, or deny an application for an Open Space Commercial Development in accordance with Section 9200 of the Zoning Bylaw (governing special permits). The Planning Board may issue a special permit for an Open Space Commercial Development only if, in addition to other requirements, the applicant shall demonstrate: (1) That the proposed development conforms with the purpose and intent of the Open Space Commercial Development Bylaw. (2) That the proposed buildings are designed in harmony with the natural features of the site. The site plan, to the extent possible, preserves the topography, views, vistas, wildlife habitat, significant trees or stands of trees, wetlands, brooks, waterbodies, historic or archeological sites, trails and cart paths located on the site. (3) That adequate access is provided to the common open space. (4) That the overall design and site plan of the Open Space Commercial Development is superior to that of a conventional subdivision and warrants special consideration for modification of existing standards. (5) That the Open Space is of a size, shape, and dimension suitable for park, recreation, conservation, or agricultural purposes. (6) That the plan complies with applicable Subdivision Rules and Regulations. 7800 Access Through a Commercial District to a Residential District Access through the Business, Business 1, Office Park, or Industrial-Commercial Districts to the Agricultural-Residential District shall only be allowed by Special Permit. The Special Permit Granting Authority for such permits shall be the Planning Board. In granting such permit, the Planning Board shall find that, in addition to the standards set forth in Section 9204 of this Bylaw, there are clear and compelling benefits posed commercial uses are compatible with single-family residential uses; (4) No more than 30 percent of the Gross Floor Area of the Mixed Use development may be used for single-family purposes; (5) The commercial development will be constructed at the same or greater pace than the residential development on a square footage basis; (6) Each single-family dwelling is located on its own lot; (7) Buildings meet the architectural standards in Section 8006(9) for the Town Center District. 4400 Special Permits for Two-family Dwelling Reserved Exclusively for Elderly Occupancy The Planning Board shall be the Special Permit Granting Authority for two-family dwellings reserved exclusively for elderly occupancy. In making its determination with respect to a special permit for a two-family dwelling reserved for elderly occupancy, the Special Permit Granting Authority shall find that the proposal meets the following criteria: (1) Occupancy is deed restricted to persons 55 years of age or older or to a person 55 years of age or older and their spouse and/or live-in aid. (2) There are no more than two units per building. (3) The maximum number of buildings allowed shall be limited to the number of houses that could be created in a subdivision on the site in full conformance with all zoning, subdivision and other applicable state and local regulations, and without the proposal of extraordinary engineering measures. Where the maximum number is in doubt or dispute, the determination of the Planning Board shall be conclusive for all purposes. (4) The proposed site contains a minimum of 10 acres. (5) The minimum upland area is 5 acres. (6) The maximum density is 2 units/60,000 square feet. (7) Traffic generation is similar or less than what would be generated if the land were developed into single-family dwellings. (8) The architectural style of the units is similar in character and appearance to other dwellings in the neighborhood. (9) Adequate landscaped buffers are provided around the d Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, At least some multifamily housing is allowed by special permit, as two-family dwellings (exclusively reserved for elderly occupancy) is allowed by special permit. " "[INST] Context: e development (or adjacent thereto, if admitted to the corporation). 5.5.2.8 In the case of corporate or trust ownership, beneficial rights in said open space shall be deeded to the owners and a restriction enforceable by the Town pursuant to M.G.L. Ch. 184, Section 32 providing that such land shall be kept in open or natural state shall be recorded at the Middlesex North District Registry of Deeds. All deed restrictions with respect to ownership, use and maintenance of open space shall be subject to approval by the Planing Board and thereafter referenced on, and recorded with, the special permit and the plan; 5.5.2.9 Wherever possible, all building lots within the Conservation Cluster shall be served by common driveways for which special permits shall be sought in accordance with the requirements of Section # 5.4, but, not withstanding the limitation of Section # 5.4, the Planning Board may allow the number of lots in a Conservation Cluster to be served by a common driveway to be the maximum number allowed by Section # 5.4 plus one. The Planning Board shall impose conditions prohibiting the construction of any driveway or other means of access to building lots in the Conservation Cluster apart from the common driveway; 5.5.2.10 The developer shall, by appropriate restrictions or covenants which shall run in favor of the town and the owners of the open space, prohibit further division of the land within the Conservation Cluster. 5.5.3 Planning Board Action The Planning Board shall notify the Conservation Commission, the Board of Health, the Historical Commission and the Selectmen of the application for a special permit hereunder and allow them a reasonable time to inspect and comment upon said application. The Planning Board may grant a special permit under this Section upon written findings that the request is compatible with the purpose of this Section, meets the minimum requirements hereunder and will in fact result in the preservation of a particularly identified natural resource upon the parcel for which the special permit is granted. 5.6 Accessory Apartments 5.6.1 Purpose To increase the availability ng not theretofore used for such purposes; 7.6.1.4 Establishment of a more intensive non-residential use on the site of a previous non-residential use, including, but not limited to, the establishment of or alteration to any parking, loading or vehicular access, or the increase in number of employees at the site or proposed pedestrian traffic to and from the site; 7.6.1.5 Construction of a new building or structure, or an addition or alteration of any existing building or structure, for use as multifamily housing; or 7.6.1.6 Construction or alteration of a municipal parking, cultural, recreational, water supply or protective use pursuant to this Section 7.6 in addition to any special permits or other approvals required under these bylaws. 7.6.2 No building permit shall be issued for the purposes described in Section 7.6.1.1 through 7.6.1.6 unless a site plan prepared by a professional architect, engineer or land surveyor has been submitted and approved by the Board of Selectmen as provided in this Section 7.6. Any person desiring approval of a site plan shall submit said plan to the Board of Selectmen and to the Planning Board. The Board of Selectmen shall not take final action on such plan until it has held a public hearing thereon in accordance with the provisions of Chapter 40A of the General Laws and has received a report and recommendations from the Planning Board or until the Planning Board has allowed thirty-five (35) days to elapse from the date on which the site plan and all accompanying materials have been submitted to the Planning Board without submission of a report. The Board of Selectmen may also request a report and recommendations from the Board of Appeals, Fire Department, Police Department, Department of Public Works, Conservation Commission, Board of Health and any other Town Board or Committee. Failure of the Board of Selectmen to take final action on such plan within sixty (60) days following the public hearing shall be deemed to be an approval thereof; it shall forthwith make an endorsement to this effect on such plan, and on its failure to do so the Town Clerk sh deemed to be a grant of the permit applied for; otherwise, the issuance of special permits shall require a two-thirds vote of the Planning Board, failing which the permit shall be denied. 5.1.4.5 Necessary Findings No special permit shall be granted hereunder unless the Planning Board shall make the applicable findings required by Section # 7.2.1 and shall further find that the multi-dwelling housing proposed by the applicant is consistent with the purpose of Residence District M set forth in Section # 5.1.1 and with the Preliminary Development Plan referred to in Section # 5.1.4.2 and, in particular that 5.1.4.5.1 The final Development Plan complies in all respects with the provisions of the general bylaws, including Articles IV and XI thereof, these zoning bylaws and the Regulations of the Board of Health. 5.1.4.5.2 The building and site layout are specially designed for the needs of the elderly and handicapped; access to the Town Center should be a major consideration. 5.1.4.5.3 The architectural design is in harmony with the scale, character and nature of the Town. 5.1.4.5.4 All improvements are place so as to preserve, as far as practicable, the unique natural features of the site, including watercourses, rock outcroppings, stone walls, major trees and wooded areas; and 5.1.4.5.5 The tract of land contains at least four (4) acres. 5.1.4.6 Conditions The Planning Board may attach to special permits such conditions as, in its judgement, are designed to further the purposes set forth in Section # 5.1.1, and shall attach a condition limiting the occupancy of the housing to families at least one member of which is 62 years of age or older. 5.2 Wetland/Flood Hazard District 5.2.1 Definitions 5.2.1.1 WETLAND/FLOOD HAZARD DISTRICT. Wetland/Flood Hazard District is defined in Section # 2.2 5.2.1.2 WETLANDS Wetlands are wet meadows, marshes, swamps, bogs and wet areas of flowing or standing water. Wetlands are characterized by the presence of wetland soils and of plant communities which require the presence of water at or near the ground surface for a significant portion of the year. 5. TABLE 2 SUMMARY OF DIMENSIONAL REQUIREMENTS For informational purposes only See Section 4 of Zoning Bylaw for detailed dimensional requirements For informational purposes only See Section 4 of Zoning Bylaw for detailed dimensional requirements ,General Residence A,General Residence B,Business,Center Business Lot Area (min. area),1 acre,2 acres,none1,none¹ except pork chop lots2,3 acres,4 acres,--, Lot Frontage (min. feet),150,250,1 none,none2 2 except pork chop lots2,40,40,--,-- Front Setback (min. feet)3,40,40,20,20 Side and Rear Setbacks (min. ft.),204,404,5,55 Lot Coverage (max. %),25,25,75,75 1 See Section #4.1.4. for dwellings in a business district. 2 See Section #4.1.2.4. for details of frontage exceptions. 3 See Section #4.2.1 for streets having a right-of-way with less than forty feet. 4 See Sections #4.3.1 and #4.3.2 for special exceptions for small buildings. 5 See Section #4.3.3. for exceptions related to dwellings. 6 Where all setbacks exceed minimum requirements by ten (10) feet or more, height may be increased to three (3) stories not exceeding forty five (45) feet. Large agricultural buildings see Section # 3.2.1.7 ,General Residence A,General Residence B,Business,Center Business Height6: (max. stories),2 1/2,2 1/2,2 1/2,2 1/2 (max. feet),40,40,40,40 1 See Section #4.1.4. for dwellings in a business district. 2 See Section #4.1.2.4. for details of frontage exceptions. 3 See Section #4.2.1 for streets having a right-of-way with less than forty feet. 4 See Sections #4.3.1 and #4.3.2 for special exceptions for small buildings. 5 See Section #4.3.3. for exceptions related to dwellings. 6 Where all setbacks exceed minimum requirements by ten (10) feet or more, height may be increased to three (3) stories not exceeding forty five (45) feet. g of motor vehicles in such a fashion as is consistent with the character of a single family residence; 5.6.5.12 there is no other apartment on the lot on which the apartment is to be located; 5.6.5.13 the external appearance of said house before or after the creation of the apartment is that of a single family residence. In general, any new entrances shall be located on the side or rear of the building. Any new additions or structures associated with the AAA unit may be permitted providing they are appropriate to the character of the principal residence; and 5.6.5.14 the construction of any accessory apartment must be in conformity with the State Building Code requirements. 5.6.6 No accessory apartment shall be used unless the owner or owners of the building have a permit issued hereunder or as otherwise provided in the Bylaws. The renewal of any accessory apartment permit previously granted shall not be denied by reason of amendments to Section #5.6 after the granting of the original permit, notwithstanding the failure of the apartment to conform to said Section as thus amended. 5.6.7 A special permit granted under this Section #5.6 shall lapse if, within one (1) year from the grant thereof (not including such time as is required to pursue or await the determination of an appeal) a substantial use of the permit has not sooner commenced except for good cause. 5.6.8 The special permit shall not become effective until a copy, certified by the Town Clerk as provided by Chapter 40A, Section 11 of the General Laws, has been recorded with Middlesex North District Registry of Deeds. 5.6.9 For AAA units, a Deed Restriction/Regulatory Agreement (""Agreement"") with the following provisions shall be signed and recorded with the Middlesex North Registry of Deeds by the owner of an AAA unit: 5.6.9.1 The Agreement is for a minimum of 15 years, 5.6.9.2 The Agreement will terminate upon sale of the property, 5.6.9.3 An owner may terminate the Agreement prior to its expiration, which will revoke the special permit. Thereupon, the apartment must be removed unless the owner applies for and receives a new special Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Yes, accessory dwelling units are allowed through a special permit. " "[INST] Context: A. The intent and the purpose of this section is to permit accessory dwelling units in single- family residential districts subject to the standards and procedures hereinafter set forth. It is also the intent to assure that the single-family character of the neighborhood will be maintained and that the accessory unit remains subordinate to the principal living quarters. B. Restrictions. A special permit may be granted by the Zoning Board of Appeals for the conversion of an existing or new single-family dwelling to accommodate an additional family living unit by the installation of a common wall or the partitioning of or extension of existing living space. C. Use limitations. Such additional family living unit shall at the discretion of the Zoning Board of Appeals accommodate up to a maximum of three persons, provided that the owner of record of the structure is a resident of the structure which includes the accessory family dwelling unit. The existing unit shall accommodate an additional family unit only if a) a member of the additional family is related by blood, marriage or adoption to the owner of the premises; or b) a member of the additional family is 60 years of age or older. There shall be no other living unit on the lot upon which such accessory unit is to be located. D. Disposal of sewage. Adequate provision shall be made for the disposal of sewage, waste and drainage generated by the occupancy of such accessory unit in accordance with the requirements of the Board of Health. Such determination shall be made prior to the application for a special permit, and evidence of same shall be included with such application. E. Ingress, egress, access. Adequate provision, as determined by the Director of Municipal Inspections, shall be provided for separate ingress and egress to the outside of each unit. To the extent possible, exterior passageways and accessways shall not detract from the single-family appearance of the dwelling. An interior doorway shall be provided between each dwelling unit as a means of access for purposes of supervision and emergency response. All stairways to additional stories shall be , public or private"",SP,SP,N Farm stands,Y,Y,Y Landscaping business and storage/staging facilities,SP,Y,Y Mixed use buildings consisting of commercial space or retail space on the first floor and a different category of use on one or more upper floors,N,Y,Y ""Uses customarily associated with any permitted use on a lot within a Development Project, which may be on a different lot within the same Development Project"", Y,Y,Y Accessory uses,Y,XY,XY Restricted Land uses,Y,XY,Y § 210-166. Intensity of Use Limitations A. Dwelling Uses within the OSMUD District shall be limited to 940 new Dwelling Units constructed after the effective date of this Article. No more than 50 new Dwelling Units so constructed may be single-family dwellings, and the remainder shall be multi-family dwellings, including attached dwellings, garden apartments, units in mixed-use buildings and senior housing. Neither the dwellings located at 80, 82, 83 nor 90 East Main Street or 26 Clinton Street, nor the Group Home located at 44 Wilson Street, all of which were in existence as of the effective date of this Article, shall be deemed to be a Dwelling Unit for the purposes of this Intensity of Use limitation. However, in the event that any such dwelling is converted to or reconstructed as a multi-family dwelling use, the resulting number of Dwelling Units in excess of one (1) on any such property shall be counted towards the Intensity of Use limitation. No Accessory Family Dwelling Unit for which the Board of Appeals grants a Special Permit pursuant to § 210-126 shall be deemed to be a separate Dwelling Unit for purposes of this Intensity of Use limitation. B. Commercial Uses within the OSMUD District shall be limited to 450,000 square feet of Gross Floor Space in the aggregate, which shall be allocated among the Subdistricts as authorized by a Master Plan Special Permit issued pursuant to § 210-172. C. Commercial uses within the VC Subdistrict shall not exceed 150,000 square feet of Gross Floor % of the interior of any parking lot having 25 or more spaces shall be maintained with landscaping, including trees, in planting areas of at least four feet in width. (6)The portion of any parking lot which abuts a residential district or use shall be screened from such residential district or use by plant materials characterized by dense growth, or a combination of such plant materials, natural landforms and trees, which will form an effective year-round screen. Screening shall be at least five feet in height. Plant materials when planted may be less than five feet in height but not less than three feet in height if of a species or variety which shall attain the required height and width within three years of planting. (7)The portion of any parking lot which abuts a public way shall be adequately buffered from such public way by plant materials characterized by dense growth or a combination of such plant materials, trees, natural landforms and other landscape features, such as stone walls. Plant materials may be required to be at least five feet in height. Plant materials when planted may be less than five feet in height but not less than three feet in height if of a species or variety which shall attain the required height and width within three years of planting. § 210-125. Conversions of residential property. [Amended 4-9-1991 ATM, Art. 25, 5-7-2007 ATM, Art 26] The conversion of any house for rental purposes to accommodate not more than four families or units may be undertaken in any zoning district except an Industrial A (IA) or Industrial B (IB) District upon grant of a special permit by the Board of Appeals, provided that the exterior is not materially altered and provided that each dwelling unit so created contains a floor area of at least 600 square feet. Two parking spaces shall be provided on the site for each dwelling unit. § 210-126. Accessory family dwelling unit. [Added 5-4-1993 ATM, Art. 20] A. The intent and the purpose of this section is to permit accessory dwelling units in single- family residential districts subject to the standards and procedures hereinafter set forth. It is also the inten with the relevant provisions of the State Building Code, this Chapter and the special permit. Occupancy permits shall not be transferable upon change in ownership or change in occupancy. In such event, an affidavit shall be presented to the Director of Municipal Inspections attesting to the fact that the circumstances under which an occupancy permit was granted will in the future continue to exist. The owner of record is responsible for initiating each application to the Director of Municipal Inspections. Appropriate fees, as established and recorded, may be assessed for each such renewal review, investigation and processing. All documentation presented hereunder must be in form and content satisfactory to the Director of Municipal Inspections. L. Definition. ACCESSORY FAMILY DWELLING UNIT shall mean a dwelling unit contained within or being an extension of a single-family structure to accommodate an additional family only if a member of the additional family is related by blood, marriage or adoption to the owner of the premises, or a member of the additional family is 60 years of age or older. [Amended 5-5- 2003 ATM, Art. 26] §210-126.1. Residential subdivisions of 10 acres or more. [Added 5-2-2000 ATM, Art. 33] A. Purpose. The purpose of this section is to preserve the natural and cultural resources of the Town by insuring that development of land for residential use does not consume all or a significant portion of the town's woodlands, fields, farmlands, historic structures and landscapes, cart paths, stone walls, geologic formations, watercourses, wetlands, riparian zones, groundwater recharge areas, hilltops, scenic vistas, areas of critical environmental concern, vernal pools and other significant open spaces, and that such development is undertaken with respect for the land and the town's natural resources. It is the intent of the Town to encourage that residential development be undertaken in accordance with the provisions of the open space and landscape preservation development section of this Chapter when residential development is to occur. 12 B. Applicability. Any parcel or parcels of land which, indi he Zoning Board of Appeals to modify the special permit. J. Plans. Floor plans, elevation drawings of each side of any proposed building, and a certified site plan showing the proposed buildings on the lot and their relationship to other structures and premises within 200 feet of the lot shall be filed with the application for a special permit. K. Parking. Provisions for off-street parking of residents and guests of both units shall be provided in such a manner as is consistent with the character of the neighborhood, as determined by the Zoning Board of Appeals. The Zoning Board of Appeals shall seek the advice of the Director of Municipal Inspections and the Design Review Board in such review. In no case shall the number of parking spaces on the lot be less than two per unit, including spaces inside garages. Unless the Zoning Board of Appeals specifically waives the following requirement, the duplex shall be served with two separate driveways, one for each unit. L. Design review. The Zoning Board of Appeals shall forward a copy of the submission materials to the Design Review Board for review and recommendation. The Design Review Board shall review the exterior design of the proposed buildings, parking, driveways, and landscaping and screening, to determine whether the proposed lot development will be compatible with and not detract from the surrounding neighborhood. Such review shall include consideration of the design guidelines adopted pursuant to 210-145 of this chapter. M. Special permit. No building permit shall be issued in accordance with the special permit issued under this section until the special permit has been recorded in the Registry of Deeds by the applicant and evidence of such recording has been submitted to the Director of Municipal Inspections. N. Separate conveyance. The ownership of each duplex unit may be conveyed or otherwise transferred separately from the other unit. The lot on which the duplex is located shall be held in common owners Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Yes, accessory dwelling units are allowed through a special permit. In addition, the conversion of any house for rental purposes to accommodate not more than four families or units may be undertaken in any zoning district except an Industrial A (IA) or Industrial B (IB) District upon grant of a special permit. " "[INST] Context: ng for one family in a connected row of three (3) or more dwellings, where one family is not living over another. MUNICIPAL PROPERTIES REUSE DEVELOPMENT (MPRD) : A municipal properties reuse development shall mean the development of municipal properties no longer serving a municipal purpose, as a single entity, in which a mixture of residential, open space, commercial, and light industrial uses, and a variety of building types and designs, are determined to be sufficiently advantageous to render it appropriate to grant a special permit to the extent authorized by this zoning ordinance. (Ord. of 9-16-82, § 1) NATURAL WOODLANDS : A grouping of mature indigenous trees with a minimum density of twenty (20) trees of six (G) inches' diameter or greater per ten thousand (10,000) square feet throughout (Ord. of 5-9-97, § 1) NEIGHBORHOOD BUFFER : A landscaped area sufficient in depth and screening to visually separate one land use from one another. (Ord. of 5-9-97, § 1) NURSING HOME : Any place or institution for the aged, infirm, chronic or convalescent whether conducted for charity or for profit which is established to render domiciliary care, custody, treatment or lodging for three (3) or more unrelated persons who require or receive assistance in ordinary daily activities of life or who are confined to bed or chair. (This term includes boarding and rooming houses for aged people, convalescent homes, rest homes, homes for the aged or infirm and convalescent homes for children, but does not include hospitals, clinics and similar institutions devoted primarily to the diagnosis and treatment of disease, injury, maternity cases or mental illness.) ONE-FAMILY DWELLING : A detached dwelling designed for and occupied by a family excluding mobile homes. (Ord. of 5-10-84, § 4) ORNAMENTAL TREE : A small to medium size deciduous tree, noted for its form, leaf color, texture, flowers, or fruit, used to provide vegetative screening along a driveway, beside a building, or within a landscaped buffer. (Ord. of 5-9-97, § 1) OVERLAY ZONE nt can be built. (f) [Permit, authorization.] A special permit for a cluster development issued hereunder by the special permit granting authority is an authorization for the use of lots which have less than the normal minimum area or frontage or both. (Ord. of 5-10-84, § 24; Ord. of 8-25-88, § 1) 4.4.5 Public housing/low-moderate income requirements. (a) There shall be a minimum lot area of eight thousand (8,000) square feet for each public housing/low-moderate income site. (b) The minimum area of land required per dwelling unit in each of the districts of the city in which a special permit may be granted shall be as follows: Residence District,Land Area Required Per One or Two Bedroom Dwelling Unit,Land Area Required Per Three or More Bedroom Dwelling Unit Residence R-1,""4,500 square feet"",""5,250 square feet"" Residence R-1A,""4,500 square feet"",""5,250 square feet"" Residence R-2,""3,000 square feet"",""3,700 square feet"" Residence R-3,""3,000 square feet"",""3,700 square feet"" All other zoning districts are to be the same as Residence R-3. The bedroom distribution of a public housing/low-moderate income development shall be determined by the Peabody Housing Authority and shall be that which is most compatible with the surrounding neighborhood and best meets the needs of the city at that location. (c) There shall be a minimum street frontage of seventy-five (75) feet per development. (d) In residence, R1, R 1A, R 2, R 5 and PRD districts, the maximum lot coverage shall not exceed thirty-five (35) percent of the total land area. In residence R 3 and R4 and in Business Districts the maximum lot coverage shall not exceed fifty (50) percent of the total land area. (Ord. No. 10-11-84, § 11) (e) Not less than thirty (30) percent of the land area in a single development shall be free from structures, streets, parking areas, drives, walkways and other constructed approach or service areas and shall be attractively landscaped and maintained. The landscape requirements of section 6.5.5 (b) shall govern projects approved und requirements. (1) Multistory developments can include multiple-family dwellings, multistory single family cluster developments, or public housing. (2) The site shall have not more than eight (8) dwelling units/acre. A bonus density of not more than two (2) dwelling units/acre for a total maximum often (10) dwelling units/acre may be granted as a condition of the special permit provided that a minimum of ten (10) percent of the dwelling units provided at the site are assured to be sold or leased on terms affordable to individuals or households with incomes not exceeding those defined as ""moderate income"" by the Massachusetts Executive Office of Communities and Development or comparable governmental agency acceptable to the special permit granting authority. The assurances, referred to in the previous sentence shall be in the form of a covenant or other means acceptable to the special permit granting authority and shall be in full force and effect for a period of not less than ten (10) years from the date of the first sale, lease or transfer of said units. (Ord. of 8-25-88, § 3) (3) The facade of multistoried buildings shall be broken up by architectural detailing such as window protrusions, balconies, overhangs. (4) Buildings shall be sited to allow maximum amount of light to reach individual units. (c) Single-story/single-family development requirements. (1) Single-story developments may include detached site built houses, detached one unit modular homes assembled on site, or one story single-family cluster developments. All must have foundations and be permanently affixed. (2) The site shall have not more than a maximum of four (4) single-story detached dwelling units/acre. A bonus density of not more than one (1) unit per acre for a total maximum of five (5) dwelling units/acre may be granted by the special permit granting authority under the same terms and conditions as specified in 4.4.9(b)(2) of this ordinance. (Ord. of 8-25-88, § 4) (3) Each unit must have a minimum lot size of not less than ten thousand or both, than normally required. For this purpose, a cluster development is a division of not less than five (5) acres of land into lots used, or available for use as building sites, where said lots are clustered together and where there is provision of open space in common or public ownership. The planning board shall be the special permit granting authority for the cluster permit (b) Purpose: The purposes of this provision of the ordinance allowing cluster developments are as follows: (1) To promote efficient subdivision of land, in harmony with its natural features and with minimal excavation and earth removal activities. (2) To preserve in their unaltered state unique or unusual natural features of the land to be developed especially where such features are not afforded protection under some other local, state or federal regulation or private deed restriction. Such natural features include but are not limited to: Science vistas and scenic road views; woodlands and site vegetation, especially where such natural vegetative cover serves to buffer new developments from established neighborhoods; slopes over fifteen (15) percent and rock outcroppings; natural drainageways, stream banks, wetlands, and floodplains; aquifer recharge areas for public or private water supplies; wildlife habitat and vegetation, especially of rare or endangered species. (3) To provide suitable open space and facilities for active or passive recreation. (4) To provide open space as a buffer, where desirable and appropriate, between new developments and established neighboring uses. (5) To promote affordable housing in the city. (c) Minimum requirements: Such a cluster development containing lots with less than the minimum area or frontage or both may be permitted provided that: (1) Maximum number of lots in a cluster development shall be determined by taking total land area of the subdivision, exclusive of existing and proposed roads and other land areas not available to the developer for building because of local, state, or federal t a scale of not less than forty (40) feet to an inch and shall include as necessary or applicable for each special permit use the following: (a) The extent of the site with all lot lines identified by metes and bounds; (b) Names of owners and abutters as shown on most recent real estate tax list (c) Sizes and locations of existing and proposed structures and any adjacent structures within fifty (50) feet of the site and including proposed structures and any adjacent structures within fifty (50) feet of the site and including proposed type of construction and proposed building materials; (d) Existing and proposed contours at two-foot intervals; (e) Number and location of proposed parking spaces; (f) Sizes and locations of water, sewerage and drainage systems; (g) Driveways and vehicular circulation providing access to and egress from the site; (h) Walks and recreation, open space and conservation areas; (i) Land uses, both existing and proposed; (j) Landscaping and site development details including walls, fences, outdoor lighting and ground surface materials; (k) Bounding streets and any unused or unique natural features of public areas in the immediate vicinity; and (l) If an applicant or predecessor in title has previously filed a site plan with the permit granting authority regarding the subject parcel of land and/or building and use, no additional site plan shall be filed in the event the application refers only to a change in use. (Ord. of 5-104, §§ 19-21) 4.4.3 Reserved. 4.4.4 Cluster development requirements. (a) Definition: Single detached one-family dwellings may be constructed on certain lots in a cluster development in the following zones: R 1, R 1A, R 113, R 2, R-3, and R-4 as hereinafter defined and limited, although such lots have less area or frontage, or both, than normally required. For this purpose, a cluster development is a division of not less than five (5) acres of land into lots used, or available for use as building sites, where said lots are cluste Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Based on the provided zoning ordinance, multi-family housing is allowed in Peabody, Massachusetts. Yes, multi-family housing is allowed in multistory developments by special permit, as well public/low-income housing. " "[INST] Context: it meets the public way and shall contain the diagram of the addresses of the properties as designated by the Board of Assessors. A similar, but smaller, marker shall be placed where the driveway meets the individual dwelling driveway and at any location where the driveway may split to access more than one dwelling. All driveways and parking areas for the designed multifamily development shall be paved to a total thickness of three (3) inches with two courses of bituminous concrete. 7330. Open Space Open space and common land, if any, shall be laid out in such manner as to tend to assure compliance with the foregoing standards, to provide for pedestrian safety within the site and to provide an aesthetically pleasant setting for the multifamily residential development within its neighborhood. Such open space land shall meet the ownership, maintenance and conservation easement requirements as provided for an open space residential development under this chapter. 7335. Affordable Housing. All multifamily developments which will result in the creation of six (6) or more detached single family dwelling units on the site designated as the multifamily development shall require at least 10% of the units, and in no case, less than one unit, be priced for qualified affordable housing purchase as defined by the Commonwealth of Massachusetts. 7340. Planning Board Action Before acting upon the application, the Board shall submit it with the plan to the following boards, which may review it jointly or separately: Board of Health, Highway Surveyor, Conservation Commission, Police Chief, Board of Fire Engineers, Water Department and Sewer Commission. The Planning Board shall grant such special permit only when it determines that all of the standards for special permits contained in Section 9300 are met and the requirements set forth herein. 7341. Planning Board approval of a special permit hereunder shall not substitute for compliance with the Subdivision Control Act, nor oblige the Planning Board to approve any related plan for subdivision, nor reduce any time periods for Board consideration under the law. However, in order to facilitate processing, the Planning Board may, insofar as practical under ex to approve any related plan for subdivision, nor reduce any time periods for Board consideration under the law. However, in order to facilitate processing, the Planning Board may, insofar as practical under existing law, accept a combined plan and application which shall satisfy both this section and the Board's regulations under the Subdivision Control Act. 7350. Conditions. Where a special permit for multifamily residential development is granted which is not subject to subdivision control, the Planning Board shall impose all or such part of its subdivision control requirements as it deems advisable as conditions upon its permit, including but not limited to the construction of roads and driveways, drainage facilities and other facilities and utilities, and shall require a bond or covenant in the manner prescribed in the subdivision regulations to secure performance of the entire plan for multifamily residential development as approved for special permit. 7400. TRAILERS 7410. General No person shall use or permit to be used for dwelling purposes within the town any trailer or similar mobile equipment, whether registered or unregistered, mobile or immobile, except that mobile trailers may be used for temporary dwelling purposes, provided that such use is licensed by the Selectmen, said license to be applied for by the occupant within three days after the unit is located in the town and with no license granted hereunder to be for a period exceeding six calendar months. 7420. Preexisting Trailers. The above restrictions shall not apply to trailers which are presently or are hereafter placed in any trailer park already in existence in the town or to any existing trailer presently being used for dwelling purposes, which trailers shall be subject to and limited by licenses, if any, presently in effect. 7421. Such trailers may be replaced by a trailer not more than 20% larger in volume than the lawfully preexisting trailer. 7500. REAR LOTS 7510. General In a Rural, Town Suburban or Recreational Residential District, a building and occupancy permit for one (1) single family dwelling unit may be issued notwithstanding the minimum frontage requirements set forth in Section 4000, subject to cilities necessary for the convenience and enjoyment of the residents, subject to approval by the Planning Board as part of the decision on the special permit or as amendment to the special permit after it has been issued. In order to diversify the Town's housing stock and allow for opportunities to provide affordable housing and save additional open space, a small number of duplexes and /or multi-family residential structures are permitted within OSRDs, provided they meet all provisions of this OSRD Bylaw, the multifamily residential development requirements of section 7300, the general special permit criteria of section 9300 and all State of Massachusetts Title 5 and local health requirements. In any OSRD, no greater than 10% of the total number of lots, including those that may be permitted under a density bonus per section 7180, can contain duplexes and/or multi-family residential structures where permitted in the underlying districts. All calculations shall be rounded down to the nearest whole number. Lots containing duplexes and/or multi-family residential structures may not be contiguous within any one subdivision or OSRD development. 7150. Procedure. Overview of Procedure. For applicable parcels, an OSRD is authorized in three steps; the first of which is optional: 1. Pre-application conference with the Planning Board and/or other Town boards and committees as described below; 2. submittal, review and approval of an OSRD special permit plan by the Planning Board, followed by; 3. submittal, review and approval of a definitive subdivision plan, or site plan, as the case may be, in conformity with the OSRD special permit as approved by the Planning Board. If the OSRD involves construction of a new subdivision road, the level of engineering detail required at the special permit stage of review is the same as for a preliminary subdivision plan that meets the Town of Pepperell subdivision regulations. An approved definitive subdivision (or site) plan that does provide adequate engineering detail, however, is requ ither unit is owner-occupied. 3433. Not more than one accessory apartment may be established on a lot. The accessory apartment shall not exceed 800 sq. ft. in gross floor space and shall be located in the principal residential structure on the premises; 3434. The external appearance of the structure in which the accessory apartment is to be located shall not be significantly altered from the appearance of a single-family structure. 3435. Sufficient and appropriate space for at least one (1) additional parking space shall be constructed by the owner to serve the accessory apartment. Said parking space shall be constructed of materials consistent with the existing driveway and shall have vehicular access to the driveway. 3440. Decision. Special permits for an accessory apartment may be granted by the Board of Appeals upon a finding that the construction and occupancy of the apartment will not be detrimental to the neighborhood in which the lot is located and after consideration of the factors specified in Section 9300 of this Zoning Bylaw, governing special permits. 3500. NONCONFORMING USES AND STRUCTURES 3510. Applicability. This Zoning Bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which this Zoning Bylaw, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder. 3520. Nonconforming Uses. The Board of Appeals may issue a special permit to change a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Board of Appeals: 3521. Change or substan hat less distance is desirable. In no case shall such distance be less than twenty (20) feet. 7324. On-site drained parking areas shall comply with Section 5100, and adequate provision for aisles and drives shall be provided. Visitor parking spaces shall be clustered and distributed throughout the site to complement the design and layout of the site and to ensure safe vehicular and pedestrian flow. Separate buildings for parking garages, if any, shall be located and designed so as to complement the apartment building design and site layout. Parking spaces located at the front of the site shall be suitably screened so as to not be viewed from the road. 7325. All dwelling units within apartment buildings shall have a minimum floor space area of four hundred-eighty (480) square feet. 7326. Except for detached single family dwelling units, no multifamily residential development containing eight (8) or more dwelling units shall have more than twenty percent (20%) of the total number of dwelling units with three (3) or more bedrooms. 7327. Easements and deeds shall be granted to the town to secure access to town facilities, utilities and land. 7328. Excepting master antennas serving one (1) or more buildings, exterior antennas for reception or transmission of electronic signals shall not be permitted. 7329. All multifamily developments shall require signage in accordance with Section 5300 to be located at all entrances to the multifamily development and in the case of apartment buildings, each building shall be designated by street numbering as determined by the Board of Assessors, and each unit number shall be clearly marked with numerals or letters of no less than six (6) inches in height and be of a clearly visible color. In the case of multifamily developments containing single-family detached dwelling units a permanent marker of engraved granite not greater than six (6) square feet in area shall be placed at the end of the driveway entrance to the multifamily development where it meets the public way and shall contain the diagram of the addresses of the properties as designated by the Board of Assessors. A similar, but smaller, marker shall be placed where the driveway meets the indi Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Based on the provided Zoning Bylaw, multi-family housing is allowed in certain districts within the Town of Pepperell, both by right and through special permits." "[INST] Context: one or more groups separated from adjacent property and other groups within the development by intervening open land, unless deemed otherwise by the special permit granting authority. A.residential cluster development shall conform to the following conditions: 1. Contain a minimum tract size of ten (10) acres in the RA, RB and RC Districts, and five (5) acres in the RD District. 2. The number of dwelling units shall conform to the existing density allowed in the corresponding zoning district after subtracting the area which contains wetlands as delineated by Conservation Commission. 3. A minimum of 40% of the total land area of the development shall be dedicated as common open space; no more than 25% of the land required as common open may be wetlands as defined in MGL Ch. 131, Section 40, or waterbodies. 4. There shall be a minimum width of 50 feet of buffer area between attached cluster buildings, and a minimum width of 50 feet of buffer area between attached clusters and the abutting property lines or street. These buffer areas shall provide suitable landscaping to screen and cluster buildings from each other, abutters, and streets year round. C. Required Open Land 1. At least 40% of the tract (exclusive of land set aside for roads and parking-) shall be open land. At least 75% of the open land shall be suitable for passive or active recreations use, and shall not be wetlands or land subject to seasonal flooding. 2. The open land, and such other facilities as may be held in common, shall be conveyed to one of the following, as determined by the Planning Board, subject to the following guidelines. In general, valuable natural resource land, such as wetlands not suitable for any public use or suitable for extensive public recreational use, should be conveyed to the Town or to a trust: whereas land which will be principally used by the residents of the cluster should be conveyed to any of the following: a. To a corporation or trust comprising a home association whose membership includes the owners of be allowed for the transfer of the unit to another eligible occupant. C. Density Incentives (1) Basic Senior Village Bonus. A Senior Village's base density is defined as four housing units per gross site acre except where noted above. To qualify as a Senior Village, a proposal shall, at a minimum: (a) set aside five percent (5%) of the total number of dwelling units provided on the site as affordable housing as defined in this Section; and (b) provide a minimum of thirty percent (30%) of the lot area as permanent, protected open space conforming to the open space standards as set forth in this Section. The minimum 30% open space requirements may be waived by the Board if the proposed Senior Village is within the RD General Residential District and includes the rehabilitation or renovation of a certified, historic or architecturally significant structure for use as senior housing. This enhanced base density for Senior Villages may be further increased according to the provisions below pertaining to: additional affordable housing; additional open space dedication; and rehabilitation of existing buildings. (2) Additional Affordable Housing. In addition to the minimum requirement of five percent (5%) on-site affordable housing, a density increase is permitted where proposals provide on-site housing opportunities for low or moderate income senior households. For the purpose of this Section, affordable housing shall be defined as dwelling units that are sold to, and occupied by, households earning up to 80% of the median area household income, as such median is defined by the United States Department of Housing and Urban Development (HUD). Affordable units shall, by deed restriction, remain affordable in perpetuity. The Planning Board will require that the Developer provide legally enforceable assurances, which are acceptable to the Planning Board, that the-affordable dwelling units will continue to be affordable in perpetuity. Affordable units shall be dispersed throughout the Senior Village and shall be externally indistinguishable from the ma of open space. The developer or charity shall grant a conservation restriction as set out in (a.) above. c. To the Town for park or open space use, subject to the approval of the Selectmen and Town Meeting, with a trust clause ensuring that it be maintained as open space. 3. Open space shall be restricted to recreational uses such as parks, playgrounds and conservation areas and shall not be built upon except as approved by the Planning Board. Only structures incidental for recreation, conservation or parks shall be allowed subject to approval by the Planning Board. These restrictions shall run with the deed in perpetuity. 4. All open space areas shall have dry access to the street suitable for use by maintenance and emergency vehicles. 5. The applicant shall submit a plan for maintenance of the open space area. 6. The applicant shall give evidence that a functional relationship exists between the open land and the proposed clusters. Such land shall be of such size, shape, dimension, character, and location as to assure its utility for park conservation or recreation purposes. E. Lot and Yard Requirements 1. Attached cluster units shall not exceed a total of four (4) units per building in the RA and RB districts and six (6) units per building in RC and RD districts. 2. These attached units, if designed as part of an association under single joint ownership, shall only meet the lot and yard requirements within this section. Density shall follow guidelines set forth in Section B.3 of this bylaw. 3. Detached cluster units shall conform to 2.6 except for the lot and yard requirements provided below: Minimum Lot Requirements,""RA, RB, RD"",RC Area (sq. ft.),""20,000"",N/A Width (ft.),80,N/A Frontage (ft.),80,N/A 4. No building shall exceed two (2) stories. F. Administrative Procedures The Planning Board, as the Special Permit Granting Authority (SPGA), shall adopt rules relative to the issuance of special permits and file a copy with the Town Clerk. The Planning Board shall no ng land located in the same Zoning District, at the time of the adoption of this By-Law, or 2. Is a lot or lots separately described in a deed or record at the time of the adoption of this By-Law, or 3. Is a lot or lots separately shown on any approved subdivision plan notwithstanding the amount of elapsed time since approval of said plan, or 4. Is a lot or lots shown on a plan which does not require Planning Board approval under the subdivision law, provided the plan carries the notation that no such approval is so required, and notwithstanding the amount of elapsed time since the notation was made through vote of the Planning Board. a. Provided that any lot referred to above contains at least 5,000 square feet and in the case of more than one non conforming, undeveloped and contiguous lots in common ownership not protected under Chapter 40A, shall be subject to the provisions of 2.5.5.3. 2.5.5.3 Combined and Replatted Lots Notwithstanding the provision of Section 2.5.5.2. the Board of Appeals, as permit granting authority may require two or more non-conforming, undeveloped and contiguous lots in common ownership to be combined: a. Whenever such combination creates less than one fully conforming lot. b. Whenever such replatting and combination of lots creates a lot in excess of the applicable area and frontage requirements; the combined lots may be replatted into as many fully conforming lots of the required frontage as is practicable without in turn retaining or creating non-conforming lots, provided that if such replat would create or retain one or more non-conforming lot or lots, the combined lots shall be replatted into as many lots as most nearly conform to the applicable frontage requirements; which replat fully utilizes all existing frontage represented through the combination of said lots, and which replat in no case creates a lot with frontage less than 80% of the applicable frontage requirements. c. Whenever lots subject to combination are in common ownership with a building or structure, so much of any such non-conforming lot which is subject to the requirements of combination shall be reserved where ownership of the land involved is the same person or rovisions relating to operational standards and permit procedures shall apply. G. Performance Bond: The Board of Appeals shall require that a performance bond, of a surety company authorized to do business in the Commonwealth of Massachusetts, be posted, in an amount determined by the Board of Appeals, as sufficient to guarantee conformity with the provisions of any permit issued hereunder. Cash may be deposited with the Treasurer of the town, to be held by the town as surety, in an amount equal to the surety required, in place of a bond. Such bond, and/or cash, shall not be released until there is filed with the Board of Appeals a certification from a registered engineer and an approval from: the Planning Board and the Zoning Enforcement Officer (Building Inspector) that the site conditions at the completion of all work are in accordance with the requirements of the permit. (Amended STM 10/13/94) 2.13.0 Residential Cluster Development A. Statement of Purposes: A residential cluster development may be authorized by special permit in the Town of Plainville in order to achieve the following objectives: 1. Flexible and sensitive site design; 2. Promotion of measures to ensure compatibility of growth and sensitivity to the natural environment; 3. Enhancement of residential and community amenities by provision of open space; 4. Promotion of economical and efficient use of roads, water and sewer lines and other related infrastructure; 5. Promotion of diverse and energy-efficient housing at a variety of costs; and 6. Protection of water bodies and supplies, wetlands, floodplains, agricultural lands, wildlife, and other natural resources. B. Definition and Applicability: Residential cluster development means a residential development in which the buildings and accessory uses are clustered together into one or more groups separated from adjacent property and other groups within the development by intervening open land, unless deemed otherwise by the special permit granting authority. A.residential clus Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Based on the provided zoning bylaw, multifamily housing is not explicitly allowed as of right, but it can be permitted through a special permit. It is also allowed through cluster development. " "[INST] Context: 5) Accessory buildings. Accessory buildings, may be constructed in front of side yards as described previously. No accessory building may be constructed more than two (2) stories high or within six (6) feet of any other building of the same lot. All walls of accessory buildings which face adjacent lots shall have a triangular yard space as described in 4. above, It is recommended that any accessory buildings be placed to help define yard spaces or to create privacy for yard spaces. 6) Walls and other site elements. It may be required where considered necessary by the Board of Appeals, that permanent walls, fences, hedges, or other plant materials be used to define exterior yard space§ and to increase privacy for windows or yard spaces. Any such structures must be of compatible and durable nature. These elements should be carefully placed in relation to structures and yards and should contribute to a sense of variety and spatial enclosure along the street. 401.07 Mixed Density (R-20MD) A) Intent. To encourage compact development within the various villages of the Town and thus discourage haphazard sprawl or scatteration of development further into rural areas. B) Allowed Uses. All uses allowed in R-20SL zones. C) Special Permit Uses. All uses authorized by special permit in R-20SL zones except those subject to Environmental Design Conditions and all village density development uses. D) Special Permit Uses Subject to Environmental Design Conditions. All uses authorized by special permit subject to Environmental Design Conditions in R-25 zones and all village density development uses. E) Special Permit Uses Subject to Adequate Facility Conditions Village density development F) Prohibited Uses. All uses prohibited in R-40 zones. G) Dimensional and Intensity Requirements. See Table 5. 401.08 Multi-Family (R-20MF) A) Intent. To encourage compact development, thus discouraging scattered, sprawling, inefficient patterns of development. To provide alternative types of housing for people of differing housing needs. To insure adequate open areas and high design quality through Environmental Design Conditions. B) Allowed Uses. All uses allowed in R-20SL zones. C) Special Permit Uses. All uses authorized by special permit except those subject to Environmental Design Conditions in R-25 zones. D) Special Permit Uses Subject to Environmental Design Conditions. 1)-- All uses authorized by special permit subject to Environmental Design Conditions in R-25 zones. 2)-- Multi-family and single family attached dwellings subject to the Environmental Design Conditions specified herein. E) Prohibited Uses. Any use prohibited in R-40 zones. F) Dimensional and Intensity Requirements. See Table 5, Table 8 and Table 9 herein. Table 8 - Multi-Family and Single-Family Attached Dimensional and Intensity Regulations ,TABLE,8, Multi-Family and,Single Family Attached,Dimensional and Intensity,Regulations ,MINIMUM LOT,REQUIREMENTS, Area,Least Dimension,Front Yard,Other Yard ""86,000"",200 Feet,30' Minor Street,2 Story: 30' ,,60' Collector Street,3 Story: 50' ,,100' Major Street, Net acreage may include up to 5% in water or in inaccessible wetland areas as determined by the Board of Appeals. Lot Utilization: Maximum floor area ratio, gross (FAR,G) =.45 (Total gross floor area/total site area) Minimum floor area net per dwelling unit = 768 sq. ft. Maximum building coverage (incl. accessory) = 25% Parking Requirements: Type Unit Min. Spaces Maximum Area For Parking 1.Bedroom 1.3 25% of site 2.Bedroom 2.0 ---or---3 Bedroom 2.6 Total Car Ratio = 0.83 4.Bedroom 3.0 (Parking area/Net floor area) whichever is least Total gross floor area is measured to the outside line of walls. Minimum useable open space 50% of site, exclusive of all above ground structures and vehicular facilities and rights-of-way. Number of dwelling units depends on the size of unit. G) EnVironmental Design Conditions. Multi-family and single family attached dwellings shall be subject to the following conditions and safeguards in addition to those specified in other sections. 1) Surrounding Areas. The site plan shall insure maximum compatibility with surrounding land uses and structures. The open space should normally create a greenbelt around the project to provide maximum buffering from more intense uses or traffic, to ease the transition to residential areas of lower density and preserve the overall natural character of the Town as much as possible. Where necessary, the Board of Appeals may specify adequate buffer planting. Where the site adjoins single family residential areas, the build Part IIISection 300 Lot Regulations 300.01 Lot Requirements for One Use Only No part of a yard or other open space, off-street parking or loading space, or other accessory space required in connection with any building shall be included as part of requirements set forth for any other building unless otherwise specifically provided. 300.02 Visibility In all zones on any corner lot there shall be no obstruction of vision between a height of three (3) feet and ten (10) feet by any building, wall, fence, hedge, or other construction or plant material within a triangular area formed by the intersecting street right-of-way lines and a straight line joining said right-of-way lines at points fifteen (15) feet from the intersection in residential districts or ten (10) feet in other districts. When no right of way exists, points on the street edges thirty (30) feet from the intersection shall be used. Exceptions may be made for utility and lighting poles, traffic signs, and trees (the branches of which are to be kept trimmed to a height of ten feet). 300.03 Accessory Buildings Except as may be allowed by Special Permit subject to Environmental Design Conditions, Sections 205, 401, no accessory building shall be erected in any required front, side, or rear yard or within ten (10) feet of any principal building. 300.04 Numbers of Buildings on a Lot Only one principal residential building shall be allowed on a single lot except as provided in Section 310 Planned Unit Development and Section 401.08 R20 MF Multi-family. In any commercial zone and the Airport Zone more than one principal non-residential structure may be erected on a single lot by special permit from the Board of Appeals subject to E.D.C. provided that: (1) The entire lot and all structures are planned and designed as a unified complex; and (2) all principal structures shall provide all required yard and other facilities as though located on a separate lot, unless the particular functions and designs of the complex may warrant modification in these standards In the Light Industrial (LI) District m pecial permit and Environmental Design Conditions an procedures as specified in Section 205. K) Transfer of Development Rights Residential density permitted in an RDD may be increased with the transfer of development rights from other parcels of land, whether contiguous or noncontiguous, within any Rural Residential Zoning District and as specified in Section 401.19 Recreational Development, F) Planning Principles and Requirements, Transfer of Development Rights. **Webmasters Note: The previous subsection (K) has been added as per Case No. 2039 from town meeting dated 4/6/02. 401.24 Mixed Commerce (MC) A) Intent The intent of the Mixed Commerce District is to provide for a mix of retail and industrial uses in an area geographically suited to commerce activities. The district encourages a mix of low intensity industrial uses as well as larger retail uses. B) Allowed uses 1. Office Buildings, laboratory, research facilities, and other campus-type office structures or groups of structures less than 10,000 square feet in size on adequately buffer sites. 2. Hotels and motels less than 10,000 square feet in size. 3. Wholesaling, warehousing, and distribution facilities less than 16,000 square feet in size. C) Special Permit Uses 1. Technical schools or other training facilities on spacious adequately buffered sites. 2. Contract construction, utilities contractors, building supply and lumber yards, but not to include junkyards, saw mills, concrete or cement mixing plants, asphalt plants and the like. 3. Retail uses under 10,000 square feet in size. 4. Commercial recreation uses such as theaters, bowling alleys, swimming polls, and gymnasiums. 5. Office buildings, laboratory, research facilities, and other campus-type office structures or groups of structures greater than 10,000 square feet in size on adequately buffered sites. 6. Hotels and motels greater than 10,000 square feet in size. 7. Wholesaling, Warehousing, and distribution serve the overall natural character of the Town as much as possible. Where necessary, the Board of Appeals may specify adequate buffer planting. Where the site adjoins single family residential areas, the building heights, masses, spacing, and setbacks from the lot line shall be compatible with those of the single family area; and the Board of Appeals may require that the scale of intensity of the development be lowered in portions of the site where these relationships are critical. 2) Vehicular Circulation. Streets within any multi-family complex shall be a minimum of twenty (20) feet in width, except in portions of the complex where the possibility of occasional on-street parking or other congestion may require a minimum of thirty (30) feet. The design guidelines and standards of Section 304.03 shall apply where appropriate. Where appropriate, streets and rights of way shall be provided to the edges of the property to provide for necessary linking of the street system to that of adjacent developments or to future developments. 3) Parking. All parking shall be provided in off-street lots; and no parking shall be arranged to require backing into a street within the complex, although exception may sometimes be made for small cul-de-sacs serving complexes of twenty (20) dwelling units or less. Special areas shall be provided for the storage of large equipment such as camper trailers, boats and trailers, utility trailers and similar items, and guest parking. These shall be provided at a ratio of one space per five (5) dwelling units. Wherever possible, parking areas shall be separated into small lots of less than twenty (20) cars to promote a residential scale. Large parking areas shall be visually interrupted by trees and/or shrubs of a meaningful height (at less three feet). The total mass of parking on the site, whether in s Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Based on the provided zoning regulations, multi-family housing is allowed both by right and special permit in certain zones within the Town. By right, multi-family housing is permitted in the R-20MF zone. Plymouth also allows for accessory dwelling units, a type of multifamily housing. " "[INST] Context: plication for special permit for the accessory apartment and the owner/applicant shall continue to reside in the main dwelling throughout the duration of the Special Permit. C. Only one accessory apartment shall be permitted per single family house. D. Other than handicapped access, no exterior alteration can change the appearance of the dwelling as a single family home. E. Any additional parking areas shall be accessed by the driveway serving the main dwelling. F. The accessory apartment shall contain a minimum of 400 square feet and a maximum of 650 square feet of dwelling area: The accessory apartment shall be located only within the existing habitable structure, or within an addition to the existing habitable structure, subject to the provisions of Subsection I. [Amended 5-14-2001 ATM, Art. 48] G. All Board of Health and Building Code criteria must be met. H. The occupants of the accessory apartment must be related to the owner/occupant of the main dwelling as either mother, father, stepmother, stepfather, child, stepchild, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild. The owner/occupant shall state the name(s) of the proposed tenants and their relationship on the application for Special Permit. I. Any increase in size of the main dwelling unit shall be limited to 5% of the existing habitable living space of that dwelling and shall meet all zoning requirements. J. The Special Permit shall terminate upon any of the following events: (1) Sale of the premises. (2) Residence by a person not named in the Special Permit, except residence of the new born child, adopted child, or a person caring for the tenant such as a nurse, nurse's aide or other health care worker or caretaker. (3) Residence by a boarder or lodger in either the main house or accessory apartment. (4) The death of a single tenant named as the sole tenant on the application for a Special Permit. K. Upon the termination of the Special Permit, the residence sha § 415-30. Minimum required upland. [Amended 5-17-1999 ATM, Art. 28] Lots in any District must contain a minimum of 22,000 square feet of land that is not a body of water, an area protected under MGL c. 131, § 40 (the Wetlands Protection Act), including any bank, river, riverfront, wetland, beach, dune, flat, marsh, meadow or swamp. § 415-31. Swimming pool fencing and setbacks. [Added 6-6-1994 ATM, Art. 30; amended 5-12-2003 ATM, Art. 48] All fences required by the Inspector of Buildings to be installed around swimming pools, shall be maintained and repaired in good condition. Any component of an in-ground or above ground swimming pool including but not limited to decks, aprons or overhangs shall set back a minimum of five feet from all property lines. § 415-32. Accessory apartment within single-family dwelling. [Added 6-6-1994 ATM, Art. 26; amended 5-19-1997 ATM, Art. 52; 5-17-1999 ATM, Art. 29] The Zoning Board of Appeals may authorize an accessory apartment within a single family by Special Permit in all residential and business districts provided that the Board finds the following criteria have been met. A. The dwelling must be in existence for a minimum of 24 months, and must not have been substantially altered for 24 months prior to filing the application for a Special Permit. Provided that if there is an existing in-law apartment in a dwelling which was constructed under a Special Permit prior to the adoption of this accessory apartment regulation, the twenty-four-month period shall not apply and the accessory apartment shall be governed by the dimensional requirements of the original Special Permit. [Amended 5-13-2002 ATM, Art. 22] B. The owner/applicant shall have continuously resided in the main dwelling for a least 24 months prior to filing the application for special permit for the accessory apartment and the owner/applicant shall continue to reside in the main dwelling throughout the duration of the Special Permit. C. Only one accessory apartment s ling, nor shall the floor area provided for the resulting conversion unit or units be less than 650 square feet for each unit, and adequate off street parking will be provided. The new dwelling unit/units will adhere to and meet or exceed all current building, safety, health, fire codes and any other applicable codes, bylaws, regulations and ordinances. (b) The conversion of a two, three, or multi-family dwelling existing at the time of this bylaw into a three-family dwelling or multi-family dwelling beyond its current dwelling status may be allowed by the Zoning Board of Appeals under the Special Permit process provided that the proposed conversion will be properly zoned, and the exterior design of the structure will not be changed from the buildings original character, nor shall the floor area provided for the resulting conversion unit or units be less than 650 square feet for each unit, adequate off street parking will be provided. The dwelling unit/units will adhere to and meet or exceed all current building, safety, health, fire, and any other applicable codes, bylaws, regulations and ordinances. (c) Conversions of non-dwellings into dwellings. The conversion of a non-dwelling, which is any building which has principal use as that other than a dwelling, into a dwelling shall adhere to all the conversion requirements of a single-family dwelling provided that the non-dwelling is an accessory use of a residence zoned building. (d) The conversions of schools, retail/wholesale establishments, and other industrial, or commercial buildings into dwelling will be allowed by the Zoning Board of Appeals under the Special Permit process provided that: [1] The conversion will be properly zoned; [2] Exterior design shall be in harmony with neighborhood and general character of the Town; [3] Landscaping will be included in the conversion to enhance conversion; [4] Dwelling units floor area will not be less than 650 square feet. G. Traffic impact review. (1) The following uses shall require the submission of a traffic impact report to the Planning Board: (a) The prop al condition or be densely planted and in the opinion of the SPGA, provide suitable screening of abutting properties, except for access roadways. The SPGA may reduce the width of the buffer at appropriate locations, taking into account the character of open space use of abutting properties or the existence or requirement of buffer thereon. § 415-66. Building and dwelling unit requirements. A. No building or structure shall have a height greater than 36 feet or three stories. B. Dwelling units shall contain no more than two bedrooms. All dwelling units shall be detached or attached only along sidewalls in the so-called ""townhouse"" style, and no building shall contain more than four units. No mobile homes shall be allowed. C. Accessory buildings and structures for use by residents and their guests may be permitted, including clubhouse or community center, swimming pool, and tennis court, as well as storage and maintenance structures intended to service the PRDS. Such accessory buildings and structures shall be shown on the site plan. D. Multiple buildings shall be allowed on a single lot. E. Architectural style shall be in harmony with the prevailing character and scale of buildings in the neighborhood and the Town through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. Variation in detail, form and siting shall be used to provide visual interest and avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate light, air, circulation, and separation between buildings. § 415-67. Land use density. The total number of dwelling units shall be limited to four units per upland acre. For purposes of the dwelling unit calculation, the land area used shall not include any wetlands as defined by the Massachusetts Wetlands Protection Act. § 415-68. Total number of PRDS units in Town. The SPGA shall not approve a Special Permit for a PRDS which would cause the total number of PRDS dwelling units for which Special Permits have been issued ( Developments and Multi-Family Housing Developments in Rockland. (5) Any other Districts that may be, in the future, created from the present Single-Family Residential Districts in Rockland. § 415-95. Criteria. A. The DRB's central purpose is to avoid design that would have a negative affect and consequences for the residents of Rockland in general, for nearby residents, or for the remainder of the Districts involved. The DRB is precluded from mandating any official ""aesthetic"" for Rockland or for imposing the style, and/or character of any particular architectural or historical period. B. The following design criteria shall be used by the DRB in reaching its recommendation of APPROVAL or DISAPPROVAL. (1) The design for the proposed project shall not have a deleterious affect upon nearby properties, the balance of the District involved, or upon the design character of Rockland. (2) Insofar as practicable, the proposed design shall preserve the landscape in its natural state by minimizing tree and soil removal and any grade changes shall be in keeping with the general appearance of neighboring and abutting areas. (3) Open space should be so designed as to add to the visual amenities of the vicinity for persons passing the site, persons within the site, and persons overlooking the site from nearby properties. (4) Vehicular ingress, egress, access and parking and/or pedestrian circulation shall not adversely affect the use and enjoyment of nearby properties, or shall be in keeping with the standards of good design. (5) Exposed exterior storage areas, machinery, service areas, loading areas, or utility structures shall be adequately screened and shall not be incongruous with the remainder of the proposed environment and its surroundings. (6) Signs or other advertising through their size, location and other characteristics shall not distract from the proposed buildings, nearby properties, the remainder of the District, or the design character of Rockland. C. The DRB may develop material Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Based on the provided zoning code, multi-family housing is allowed in Rockland, Massachusetts via a Special Permit for accessory dwelling units and Multi-Family Housing Developments. " "[INST] Context: units suitable for occupancy by such persons, while ensuring compliance with the local planning standards and policies concerned with land use, building design, and requirements of the health, safety, convenience and general welfare of the inhabitants of the Town. 5520. Conditions and Requirements. An owner or owners of a single family dwelling in Single Residence District ""A"", ""C"" or Wayside Inn Historic Preservation Zone may apply to the Board of Appeals for a Special Permit for the creation and occupancy of a single accessory dwelling unit in a detached single family dwelling. Such application shall be accompanied by the application fee established by the Board of Appeals. After such notice and public hearing, and after due consideration of the report of the Board of Health, (and the Historic Districts Commission, where applicable), the Board of Appeals may grant such Special Permit provided that each of the following conditions and requirements is met: 5521. Occupancy a. Such unit shall be occupied by not more than four persons related by blood, adoption or marriage to the family owning and residing in the principal dwelling; or b. Such unit shall be occupied by not more than two domestic employees of the family owning and residing in the principal dwelling; or c. Such unit shall be occupied by a low or moderate income family with income not to exceed 80% of the regional median household income established in the Local Initiative Program Guideline of the Executive Office of Communities and Development (as the same may be amended from time to time). 5522. The accessory dwelling unit shall be located within the single family dwelling or its attached accessory structures in substantially the same size as they existed on the day of adoption of this section or, for single family dwellings not in existence on such day of adoption, as they have existed for five years prior to the application for such Special Permit. Such status shall be verified in the records of the Building/ Inspection Department. A single family dwelling shall be deemed to comply wi ARTICLE 5000. ALTERNATIVE RESIDENTIAL REGULATIONS. 5100. CLUSTER DEVELOPMENT. 5110. Purpose. The purpose of Cluster Development is to maintain land use density limitations while encouraging the preservation of common land for conservation, agriculture, open space, and recreational use; to preserve historical or archeological resources; to protect existing or potential municipal water supplies; to protect the value of real property; to promote more suitable siting of buildings and better overall site planning; to promote better utilization of land in harmony with neighboring parcels, with its natural features and with the general intent of the zoning bylaw through a greater flexibility in design; and to allow more efficient provision of municipal services. 5120. Applicability. The Planning Board may grant a Special Permit for a Cluster Development in Single Residence ""A"", Single Residence ""C"" and the Wayside Inn Historic Preservation Residential Zone Districts for single family detached dwellings and accessory structures, subject to the provisions of this Section 5100. 5130. Standards. The following standards shall apply to all Cluster Developments: 5131. Minimum Tract Size. Cluster Developments shall be located upon a single tract, in common ownership with definite boundaries ascertainable from recorded deed or recorded plan, having an area of at least 10 acres and undivided by land of separate ownership or by a private or public right-of-way. 5132. Number of Building Lots Permitted. The total number of building lots in a cluster development shall be no greater than the number of building lots that would otherwise be allowed in the district in which the land is located. For purposes of this section, ""building lot"" shall mean any lot found by the Planning Board, Board of Health and Conservation Commission, at the time of application, assuming compliance with the Zoning Bylaw, to be suitable for the construction thereon of residential dwelling units under the rules and regulations of the Town of Sudbury and t xisted for five years prior to the application for such Special Permit. Such status shall be verified in the records of the Building/ Inspection Department. A single family dwelling shall be deemed to comply with the requirements of this subsection if any alteration or enlargement thereof subsequent to said day of adoption or within the said five year period does not increase the floor area of said dwelling, as hereinafter defined, by more that fifty (50) square feet. For dwellings in existence on the day of adoption which have been increased in floor area by more than fifty (50) square feet subsequent to the day of adoption, no special permit hereunder may be issued until after the expiration of five years from the last such alteration or enlargement. On request of the applicant, the Board of Appeals may waive all or a portion of any applicable five year period if it finds that such waiver will further the purposes of this section. 5523. The accessory dwelling unit shall be a use incidental to the single family dwelling, shall contain no more than 1,200 square feet, and shall occupy no more than 30% of the floor area of the single family dwelling and its attached accessory structures. Floor area is defined herein as the actual heated living area and does not include unfinished basements, attics, or storage spaces. 5524. There shall be no more than one single accessory dwelling unit per building lot. 5525. The owner of the dwelling in which the single accessory dwelling unit is created shall reside in the dwelling, either in the principal dwelling unit or the accessory dwelling unit. If the owner resides in the accessory dwelling unit, occupancy of the principal dwelling unit must be by persons satisfying the relationship or income criteria herein. For the purpose of this subsection, the ""owner"" shall be one or more individuals who constitute a family, who hold title to the dwelling, and for whom the dwelling is the primary residence for voting purposes. If the lot on which the single accessory dwelling unit is to be located is owned by the Town of Sudbury, the owner- h the purposes of Cluster Development as stated herein; the Cluster Development duly considers the existing and probable future development of surrounding areas; the layout and design of the Cluster Development minimizes disturbance to the natural site features; the Cluster Development responds to the recommendations of Town Boards and Agencies; the granting of the special permit would not result in unsuitable development of the land in question; and the development of the tract as a conventional subdivision would not be consistent with the purposes of this Section. 5171. Special Permit Conditions. The Planning Board shall grant a special permit for a Cluster Development if it appears that the granting of such permit will be consistent with the intent of cluster development, and will result in suitable development in compliance with the standards enumerated in this bylaw. The Planning Board may impose further restrictions upon the tract as a condition to granting the special permit as the Planning Board shall deem appropriate to accomplish the purposes of this bylaw. 5172. Common Land Conveyance. If a special permit is granted under this section, the Planning Board shall impose as a condition that the common land shall be conveyed, free of any mortgage interest, security interest, liens or other encumbrances and subject to a perpetual restriction of the type described above, prior to any construction or alteration of the land. The petitioner shall provide satisfactory assurance of said conveyance recording in the form of copies of the recorded instruments bearing the recording stamp. 5173. Changes of Cluster Development Plan. Any change in the number of lots, the layout of ways, any significant changes in the common open land, its ownership or use, or in any conditions stated in the original special permit shall require that a new special permit be issued in accordance with the provisions of this Bylaw. 5174. Limitation of Subdivision. No lot shown on a plan for which a permit is granted under this section may b the office of directors and officers of the corporation or non-profit organization or of trustees of the trust; f. Procedures for the conduct of the affairs and business of the corporation, trust or non-profit organization, including provisions for the calling and holding of meetings of members, directors and officers of the corporation or non-profit organization or beneficiaries and trustees of the trust, and provisions for quorum and voting requirements for action to be taken. Where the common land is to be owned by a corporation or trust owned or to be owned by the owners of dwelling units within the cluster development, each owner of a dwelling shall have voting rights proportional to his ownership or beneficial interest in the corporation or trust; g. Provisions for the management, maintenance, operation, improvement and repair of the common land and facilities thereon, including provisions for obtaining and maintaining adequate insurance and where applicable levying and collecting from the dwelling owners common charges to pay for expenses associated with the common land, including real estate taxes. Where the common land is to be owned by a corporation or trust owned or to be owned by the owners of dwelling units within the cluster development, it shall be provided that common charges are to be allocated among the dwelling owners in proportion to their ownership or beneficial interests in the corporation or trust and that each dwelling owner's share of the common charges shall be a lien against his real estate in the Cluster Development which shall have priority over all other liens with the exception of municipal liens and first mortgages of record; h. The method by which such instrument or instruments may be amended. 5150. Application for a Special Permit. Any person who desires a special permit for a Cluster Development shall submit a written application to the Planning Board. Each such application shall be accompanied by the following information: 5151. A ""Cluster Development Sit Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Yes, accessory dwelling units are allowed by special permit and Sudbury’s cluster development program also permits multifamily housing. " "[INST] Context: all conform to the following requirements as to square footage, frontage, set-backs, square feet of land per unit, number of units per building, buffers, number of bedrooms per unit, and area of living space. 2. Table of Dimensional Requirements. ,District, ,A,B Minimum lot area in square feet,""240,000"",""600,000"" Minimum street frontage on existing public way,200 ft.,100 ft. Minimum setback from street side line of existing public way,100 ft.,65 ft. Minimum setback from street centerline of existing public way,125 ft.,N/A Minimum setback from lot line,100 ft. (a),65 ft. Square feet of land per unit (b),""30,000"",""10,000"" Number of units per building,2 to 8,4 to 8 ""Buffer maintained in natural state, or landscaped, around perimeter of lot."",50 ft,25 ft. Minimum garage distance from lot line,65 ft..,45 ft Minimum setback from side line of road located within the lot,20 ft.,20 ft. Minimum setback from center line of road located within the lot,45 ft..,45 ft Maximum average number of bedrooms per unit,2,N/A Minimum floor area of living space in square feet,750,750 Notes (a) In cases where a lot line is adjacent to permanent conservation land, a railroad, or certain other types of municipal open land which in themselves serve as buffers, the minimum setback from lot line may be 65 feet. (b) The number of square feet of land per unit shall consist entirely of land outside the Wetlands and Flood Plain Protection District. ***** 3. The aggregate of all dwelling structures in Multiple Dwelling Districts shall not cover more than 20% of the lot upon which they are built. The aggregate of all structures and off-street parking areas, whether or not covered, in Multiple Dwelling Districts shall not cover more than 30% of the lot upon which they are built or located. 4. No garage structure shall measure more than 100 feet in length and no other building shall measure more than 250 feet in length. No garage structure shall exceed a height from the ground of one story. All buildings shall be separated from other buildings by a distance of at least 25 feet, and a garage shall educational corporation, in accordance with G.L. c. 40A, §3; and iii. Child Care Facility, in accordance with G.L. c. 40A, §3; provided that: off-street parking is provided in accordance with Section VIII.A ""Regulations for off-Street parking"" and height, setbacks and lot area are maintained in accordance with the requirements for the District in which the land, buildings, or structures are located. d. Upon issuance of a special permit, activities necessary in connection with scientific research or scientific development or related production, which are accessory to activities permitted in the district as a matter of right, provided the Special permit Granting Authority finds that the proposed accessory use does not substantially derogate from the public good. 4. All other uses of buildings, structures and land shall be subject to the requirements and limitations set forth in this Zoning By-law for the zoning district(s) in which the particular building, structure or land is located, including, Accessory Uses in connection with lawful Principal Uses. Accessory Uses are subject to the same special permit and/or site plan approval requirements as the principal use(s) served. B. SINGLE FAMILY RESIDENCE DISTRICTS (A, B, C and D) 1. By-Right Uses a. Unless located on a lot which bounds on a Scenic Road as defined in Section II, single family detached dwelling containing one housekeeping unit only, together with accessory buildings not containing a housekeeping unit. The number of such dwellings with such accessory buildings on any one lot shall not exceed the number which can be located thereon in conformity to Section VI, Subsection F.2., ""Numbers and Location of Dwellings on One Lot""; The Residential Gross Floor Area ""RGFA"" of any new or replacement single family dwelling use constructed pursuant to a building permit issued on or after October 29, 1998, may not exceed the greater of 3,500 s.f. or 10% of the lot ar District. Each such buffer strip shall be either landscaped or left in its natural state. 8. Utilities And Services. a. All utilities to be utilized in connection with the multiple units shall be installed under the surface of the ground. b. The lot upon which multiple dwellings are constructed shall be supplied with a septic or sewage system or systems acceptable to the Board of Health and with Town water and adequate street lighting. Suitable fire alarms and police call boxes in sufficient numbers to afford health, fire, and police protection for the residents of the multiple dwelling units shall be provided. 9. Long Term Care Facility. Where a Long Term Care Facility is allowed with Site Plan Approval and by Special Permit, the Dimensional Requirements for Multiple Dwelling Districts shall be modified in the following respects: a. Buffer to be maintained in natural state a minimum of 100 feet from street side lines and lot lines. Driveways and underground utility lines may cross the buffer area. b. Number of units per Building: Not Applicable. c. Minimum floor area of living space in square feet: Not Applicable. d. Section VI.C.4.: Not Applicable. BUSINESS, OFFICE & RESEARCH AND DEVELOPMENT, AND COMMERCIAL DISTRICTS 1. Minimum Requirements. Every lot in the Business, Office and Research and Development and Commercial Districts shall have the lot size, frontage and access on a street of at least the distance, and the width at the street setback line as specified in the following table. Every building or structure in such districts shall be so situated as to have at least the buffer setback from the street sideline and from all lot lines specified in such table. The ratio of the total area of the floor space of all buildings on any lot to the total area of such lot shall not exceed the ratio specified in such table. The total portion of a lot in such district covered by parking areas shall not exceed the percentage specified in such table. 2. Table of Dimensional Requirements. District ,,,, ,Business A,Business B,Office & R tion. 7. The Board of Health has issued a favorable recommendation as to the suitability of the subsurface disposal system for the proposed Accessory Apartment. Such recommendation may include conditions which, in the opinion of the Board of Health, are necessary to ensure standards in keeping with public heath interests. 8. Sufficient and appropriate space exists on the lot for at least one additional off-street parking space to serve the Accessory Apartment in addition to the off-street parking spaces required to serve the Single Family Dwelling. Said additional parking space, whether already existing or to be constructed, shall have a gravel or paved surface, and shall be accessed from the driveway serving the Single Family Dwelling to be altered or the Accessory Building to be converted. 9. The owner or owners of the property shall live either in the Single Family Dwelling or in the Accessory Apartment. In granting a Special Permit for an Accessory Apartment, the Special Permit Granting Authority may impose reasonable conditions, including a requirement that the applicant post security in the form of a bond or cash deposit for the performance of representations and agreements made by the applicant in connection with the special permit application. A Special Permit for an Accessory Apartment shall provide that the Special Permit shall lapse upon transfer of title to the subject property unless the transferee applies for a renewal of the Special Permit within six months of the date of transfer and the renewal is subsequently granted. H. FLEXIBLE DEVELOPMENT REQUIREMENTS AND PROCEDURES 1. Applicability An owner or owners of land in a Single Family Residence District may apply to the Planning Board for a Special Permit for Flexible Development under this Section VI.H. This will exempt such land from the lot area, frontage, setback and other applicable dimensional requirements set forth in the Table of Conventional Dimensional Requirements of this Zoning By-Law in order to fulfill the purposes of Flexible Development. The Planning Board shall be the Special Permit Granting Auth by the intersecting sidelines of any street or way, whether public or private, and a line joining each sideline at points 35 feet distant from the point of intersection of the sidelines: in the case of rounded corners the distance shall be measured from the point of intersection of the side lines when projected. The provisions of this Subsection shall not require the removal of any existing tree whose entire foliage is not less than 10 feet above its base and whose trunk is not of a size or shape to obstruct the view of traffic for operators of motor vehicles. 2. Number and Location of Single Family Dwellings on One Lot Except as may be permitted in an AARD, the number and location of single family dwellings on any one lot shall be such that every dwelling (and its accessory structures) can be provided sufficient land to form a separate lot which will itself be in full conformity to the regulations of this Section VI, and on which every dwelling (and its accessory structures) will be in full conformity thereto; and upon alienation of any such dwelling it shall be provided with such a lot and every dwelling remaining on the original lot shall be left capable of being provided with the same. 3. Gross floor Area Limitation In all Single Family Residence Districts, for any use other than single family detached dwelling, church, or other religious purpose, educational purpose if conducted by a religious or non profit entity, or municipal purpose, the gross floor area (as defined in the State Building Code) of any buildings and parking structures divided by the total lot area shall be no greater than 0.10; and all lots and structures relating to any such use shall conform to the dimensional requirements of the residential district where they are located. Any project granted Site Plan Approval by the Planning Board before April 18, 1991 is not subject to the provisions of the paragraph provided that such project obtains any required Special Permit by May 6, 1992. G. ACCESSORY APARTMENT The Special Permit Granting Authority may authorize, in any Residential District, the alteration of a Sing Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Yes, accessory dwelling units are allowed via special permit and there is a Multiple Dwelling District in Weston. It is not clear from the excerpt if the district allows multifamily housing by right or by special permit. " "[INST] Context: SE development and contribute to the MIXED-USE character of the district as a whole. To qualify for a MULTI-FAMILY housing SPECIAL PERMIT, the applicant must integrate dwelling units with a proposed commercial development. Integration may be achieved by one or both of the following methods: 9.10.1.1. Locating units above the ground floor of a commercial building, i.e., an accessory dwelling in a structure occupied principally for commercial uses. 9.10.1.2. Constructing ""free-standing"" or separate MULTI-FAMILY buildings on the same lot, provided they are located behind a commercial development that is oriented toward Route 110 and are connected to the commercial development by pedestrian walkways, appropriate landscaping, lighting and other elements of the site plan. 9.10.1.3. The Town strongly prefers that some of units be located above the ground floor of one or more commercial buildings in a development, and the Planning Board may require the same as a condition of SPECIAL PERMIT approval. 9.10.2. The following density and dimensional rules shall apply to MULTI-FAMILY housing: 9.10.2.1. No more than 60% of the GROSS FLOOR AREA of a proposed MIXED-USE development shall be used for MULTI-FAMILY dwelling units. 9.10.2.2. Multi-Family dwellings shall not exceed six units or twelve bedrooms per acre. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held 4/30/07. 9.10.2.3. A building designed exclusively for MULTI-FAMILY use shall contain no more than six units, and shall not exceed a building height of 35 feet and two and one half stories. 9.10.2.4. Buildings designed exclusively for MULTI-FAMILY housing shall avoid monotonous, look-alike designs and promote high standards of exterior quality and appearance. 9.10.3. Parking. Applicants shall provide 1.5 parking spaces per one-bedroom unit and 2 parking spaces per two- or three-bedroom unit. At least one space per unit shall be located so as to provide convenient access to its assigned dwelling unit. Parking garages will be permitted as a parking space if located and designed so as to complement the building design and site layout. 9.10.4. Setbacks. All buildings must be located at least 50 feet from any side or rear LOT nd is one that is usual to maintain in connection with the primary use of the LOT. ADULT USES (OR ADULT ENTERTAINMENT USES) shall include any or all of the following: 1. Adult Bookstore - An establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other matter which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in G.L. c. 272, Section 31.. 2. Adult Motion-Picture Theater - An enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in G.L. c. 272, Section 31. 3. Adult Paraphemalia Store - An establishment having as a substantial or significant portion of its stock-in-trade devices, objects, tools or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in G.L. c. 272, Section 31. 4. Adult Video-Store - An establishment having as a substantial or significant portion of its stock-in-trade videos, movies or other film material which is distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in G.L. c. 272, Section 31. AFFORDABLE HOUSING : As used in this Bylaw, ""affordable housing"" is sub-classified as ""low- and moderate-income housing"" and ""BELOW-MARKET housing,"" according to the following meanings: 1. LOW- OR MODERATE-INCOME housing: housing occupied by households with incomes at or below 80% of area median income, as determined and published from time to time by the U.S. Department of Housing and Urban Development. Low- and moderate-income housing must meet the requirements of the Local Initiative Program, 760 CMR 45.00, and be approved for inclusion in the SUBSIDIZED HOUSING INVENTORY under G.L. c.40B, Sections 2023, prior to the issuance of an occupancy permit. A housing unit will generally be c se occupants. 21.6.2.5.1. The total area of attached SIGNS, including the attached directory SIGN, shall not exceed 10% of the total area of a single. facade wall. 21.6.2.5.2. The owner shall submit with a SIGN permit application an overall Signage plan for the building. 21.6.2.6. Larger or taller freestanding directory SIGNS may be allowed by SPECIAL PERMIT from the Zoning BOARD OF APPEALS, but not to exceed 25 square feet in area and not to be more than 10 feet above ground level. 21.6.3. Rural Highway and Highway Service Districts 21.6.3.1. SIGNS as permitted in residence districts, except that temporary real estate SIGNS may be as large as 10 square feet. 21.6.3.2. One, SIGN for each street upon which the premises has FRONTAGE, identifying LOTS for development. This SIGN shall be no greater than eight feet in height and no larger than 25 square feet in area unless the Zoning BOARD OF APPEALS grants a SPECIAL PERMIT if a larger SIGN if required for legibility. 21.6.3.3. SIGNS for individual properties or tenants shall be limited to a single SIGN no larger than three square feet per tenant. The BOARD OF APPEALS may grant a SPECIAL PERMIT for an exception for a larger area where this will not impair legibility of other SIGNS or be incongruous with the surroundings, based upon consideration of the number of occupants and SIGNS per building, size of building and integration of SIGN and building design, as well as the considerations of Section 21.7 below. 21.6.3.4. In acting on SPECIAL PERMITS for exceptions the BOARD OF APPEALS shall take into account the character of the proposed SIGN, its relationship with the building and size of the building, the subject matter of the SIGN, the impact of the SIGN upon the roadway and such other factors as it deems appropriate to give assurance that the public interest will be protected. 21.6.3.5. The use of neon or similar gaseous tube SIGNS is prohibited, except for back-lighted SIGNS. Fluorescent illumination may be used only for internal illumination on a lighted SIGN. 21.6.4. Office-Industrial District 21.6.4.1. SI eling to add visual interest to the corner. 11.10.4.6. Where building elevations are oriented to the street, architectural features such as windows, pedestrian entrances, building offsets, projections, detailing, change in materials or similar features, shall be used to break up and articulate large building surfaces and volumes. 11.10.4.7. Recessed entries, canopies, and/or similar features shall be used at the entries to buildings in order to create a pedestrian-scale. 11.10.5. Outdoor Storage. 11.10.5.1. No material or supplies shall be stored or permitted to remain on any part of the property outside the building. 11.10.5.2. Outdoor storage and/or display of merchandise or equipment. No open storage or display shall be permitted in any setback area. 11.10.5.3. Any finished products or semi-finished products stored on the property outside of the building shall be confined to the rear one-half of the property and shall be appropriately screened on all sides, but shall in no instance be placed on the side of a building paralleling the street. Storage or display areas shall be adequately screened by a fence or landscaping so as not to be visible from any road or highway . 11.10.5.4. No materials or equipment stored on a LOT shall project above the eave line of the tallest building on the LOT. 11.10.5.5. No waste material or refuse shall be dumped upon or permitted to remain upon any part of said property outside of a building. 11.10.6. Loading zone. Adequate off street loading shall be provided only at the side or rear of the building. Such loading space shall be provided on the LOT to service all loading requirements of the industry or use conducted thereon without requiring use of adjacent public streets, WAYS or required setback area thereof. 11.10.7. SIGNS. No display SIGN or other advertising device shall be permitted in the Office-Light Industrial District, except under the following conditions: 11.10.7.1. SIGNS must identify or otherwise relate to the primary use of the building and may not be used for other purposes, except that, on a vacant LOT, a non-illuminated real estate SIGN advertising the sale of the L nd Structures Permitted by Special Permit. In the Birch Meadow Overlay District, the Planning Board may issue a SPECIAL PERMIT for the following uses except that where an accessory apartment or the conversion of a single-family dwelling is allowed by special permit, the Special Permit Granting Authority shall be the Board of Appeals in accordance with Article 17, Accessory Dwelling Units and Conversion of Existing Single Family Dwellings; 6.12.4.3.1 One accessory dwelling unit in a single-family dwelling in existence for at least five years prior to the application for a building permit, subject to ""Accessory Dwelling Units and Conversion of Existing Single-Family Dwellings"" in Article 17 of this by-law. 6.12.4.3.2 The conversion of a single-family dwelling in existence for at least ten years prior to the application for SPECIAL PERMIT to a two-family dwelling, subject to ""Accessory Dwelling Units and Conversion of Existing Single-Family Dwellings"" in Article 17 of this By-law. 6.12.4.3.3 Home specialty retail. 6.12.4.4 Prohibited Uses All uses prohibited in the underlying district shall be prohibited in the Birch Meadow Overly District. 6.12.5 Dimensional and Intensity Regulations The following dimensional and intensity regulations shall apply in the Birch Meadow Overlay District, except that if a LOT is determined by the rules of Article 14 to be within a Water Resource Protection Overlay District, then the more restrictive regulations of Article 14 shall prevail. 6.12.5.1 Minimum Lot AREA: 20,000 square feet. 6.12.5.2 Minimum FRONTAGE: 100 feet. 6.12.5.3 Minimum Lot Width: 80 feet. 6.12.5.4 Maximum Building Height (Feet) 35 feet. 6.12.5.5 Maximum Building Height (Stories) 2 1/2 stories. 6.12.5.6 Maximum LOT COVERAGE: 30%. 6.12.5.7 Minimum Front Yard Setback: 15 feet. 6.12.5.8 Minimum Side Yard Setback: 15 feet. 6.12.5.9 Minimum Rear Yard Setback: 15 feet. 6.12.6 Site Plan Review and Special Permits in the Birch Meadow Overlay District The site plan review and special permit procedures and decisions standards that apply in the Agricultural Residential District shall also apply in the Birch Meadow Overlay District. 6.12.7 Signs One SIGN only shall be permitted at the entrance to the site, in accordance with the SIGN Regulations of Article 21 of this By-law. 6.12.8 Parking OFF-STREET PARK Are apartments above commercial (mixed use) allowed in any district? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Apartments above commercial are permitted in at least one district in Merrimac, as identified in Section 9.10.1.1. However, the name of the district where apartment above commercial is not included in the excerpt. " "[INST] Context: ies in the downtown. The boundaries of the sub-areas on designated on the Ashland Zoning Map dated May 10, 2006. 1. Sub-area A is designed to promote the highest level of mixed use, encouraging retail on the first floor and commercial and/or residential on the upper floors. 2. Sub-area B is designed to promote some mixed use where feasible especially commercial/retail on the first floor and residential on the upper floors. 3. Sub-area C is designed to allow mixed uses where feasible but at a lower density than A and B. 8.5.6 Table of Uses. A use listed in the ""Table of Uses"" shown below is permitted in any sub-area of the ADD denoted by the letter ""Y"" and is not permitted in any sub-area of the ADD denoted by the letter ""N."" If denoted by the letters ""SP"" the use is permitted only if the Planning Board grants a special permit as provided herein and makes such specific findings as may be required by the Bylaw in respect of such use. Within the ADD, the following listed development types of uses and mixed uses shall be allowed as designated: ,,, Permitted Residential Uses,,, ""Single family and two-family dwelling homes, other than mobile home"",N,SP,Y Multifamily dwellings (3 or more dwellings),""Y1,3,4"","" Y3,4"", SP ""Dwelling units and retail, office and/or other allowed business in separate buildings on the same lot"", Y1,XY, SP Mixed residential and commercial/business,Y,Y,Y Senior Residential Community pursuant to Sec 7.2 (no acreage requirement),SP,SP,N Cluster development pursuant to Sec 7.3,SP,N, N ""Accessory family dwelling unit in compliance with Article IV, Special Regulations Sec 7.6"",N,SP,SP Permitted Community Services ""Religious or educational purposes on land owned or leased by a public body, religious group or nonprofit educational corporation"",Y, Y, Y ""Child daycare, adult care or assisted living facility"",Y,Y,Y Municipal uses not elsewhere specifically cited,Y,Y,SP Post office,Y,Y,Y Community center and public recreation center,SP,SP,SP ""Nursing, convalescent, rest home, hospital"",Y,Y,Y Mixed business and residential use in the same building,Y,Y,Y Mixed business and residential use in separate buil 8.5.7 Dimensional Requirements. The dimensional requirements in a mixed-use building shall be governed by the ground-floor use of the building. In cases of a mixture of land uses in one building or structure, the regulation for each use shall apply to the portion of the building, structure or land so used. The Planning Board may vary the dimensional and parking requirements of this section if, in its opinion, such change will result in an improved design. TABLE OF DIMENSIONAL REQUIREMENTS IN THE ASHLAND DOWNTOWN DISTRICT TABLE OF DIMENSIONAL REQUIREMENTS IN THE ASHLAND DOWNTOWN DISTRICT Sub-Areas A,A,A,B,B,C,C Dimension Requirements,Mixed Dwelling Use,Dwellings Only(1),Mixed Only,Dwellings Only,Mixed Use,Dwellings Only Minimum Lot Area,""35,000 sq. ft"",""35,000 sq. ft."",""20,000 sq. ft."",""20,000 sq. ft."",""8,000 sq. ft."",""8,000 sq. ft."" Minimum Lot Frontage,100 ft.,100 ft.,75 ft.,75 ft.,50 ft.,50 ft. Minimum Front Setback,0 ft.,15 ft.,0 ft.,15 ft.,0 ft.,15 ft. Maximum Front Setback,15 ft.,15 ft.,15 ft.,15 ft.,15 ft.,15 ft. Maximum Building Height,4 floors 1,3 floors,4 floors,3 floors,3 floors,3 floors FAR (maximum),2.02,2.0 (2),1.5,1.5,1.5,1.5 Minimum Side Yard (ft),0,0,0,0,,0 Minimum Rear Yard,12,12,12,12,12,12 1. One additional floor may be added if the Planning Board agrees that this project fully meets the intent of the ADD zoning. 2. FAR (Floor Area Ratio). The total floor area of all principal buildings on a lot divided by the area of said lot. 8.5.8 General Regulations. For the purpose of this section, the Planning Board shall adopt rules and regulations and design guidelines which shall guide the implementation of the standards of this section. All New signs will follow the sign requirements of the commercial ""B: zones as noted in Sec 5.3."" 8.5.9 Performance Standards; Criteria. The ADD application and required plans shall meet the general performance criteria set forth in the regulations and design guidelines adopted pursuant to this Bylaw, including but not limited to Section 9.4 of the Ashland Code. In addition, t Residential District, subject to the following regulations and conditions. 7.2.3 Age Restriction. Any application for a SRC shall indicate, and ensuing use shall sustain, compliance with G.L. c. 151B, sections 4 and 6. Provided housing shall be individually owned and occupied by at least one (1) person who is fifty-five (55) years of age, or older; and no more than one (1) additional occupant who shall be under fifty-five years of age, unless otherwise qualifying as a handicapped adult, or as herein further provided. In addition, and only in proven cases of family emergency, as determined by majority vote of any homeowners' association management board, no more than two (2) additional persons, above the number which is specifically herein authorized, who are under age fifty-five (55) and directly related, shall be allowed to be an occupant of any dwelling unit for more than six (6) months duration. Extensions of such minimum time duration may be granted by majority vote of such board. Occupancy requirements shall be exclusive of nurses or other persons to provide health care services to any occupant of said dwelling unit. In the event of the death of the qualifying owner/occupant of a dwelling unit, or foreclosure or other involuntary transfer of a dwelling unit in a SRC, a two (2) year exemption shall be allowed for the transfer of the unit to another eligible household. 7.2.4 Definitions. The proposed dwellings/structures meant to be provided in this Section commonly are not constructed within the separate lot framework associated with the definitions of the terms ""Lot,"" ""Lot Area,"" ""Lot Coverage,"" ""Lot Frontage,"" and ""Yard (front, rear and side)"" as listed in Section 10. Such terminology, as used in this Section is meant only to associate with the definitions as if the included dwellings/structures were to be provided on separate lots. LOT shall mean a parcel of land upon which dwelling units are to be constructed, which need not have legally defined bounds. 7.2.5 General Requirements. A Senior may be under fifty-five (55) years of age, unless otherwise qualifies as a handicapped adult. AGE RESTRICTED, MULTIFAMILY A building or portion thereof used for occupancy by individuals living independently of each other and containing three (3) or more dwelling units owned or occupied by at least one (1) person who is fifty-five (55) years of age, or older; and no more than one (1) additional occupant who may be under fifty-five (55) years of age, unless otherwise qualifying as a handicapped adult. BEDROOM A room providing privacy intended primarily for sleeping and consisting of not less than 70 square feet. A bedroom, for purposes of 310 C.M.R. 15.02, shall constitute a bedroom for purposes of the Rail Transit District. A one bedroom unit shall be permitted to have one Bedroom in addition to the kitchen, living/dining room, Study (as defined below) and bathrooms; a two bedroom unit shall be permitted to have two Bedrooms in addition to the kitchen, living/dining room, Study (as defined below) and bathrooms. DWELLING, MULTIFAMILY, FOR RENT A building or portion thereof (Single Apartment) used for occupancy by three (3) or more families living independently of each other and containing three (3) or more dwelling units. IMPERVIOUS SURFACE Any hard-surfaced man-made area that does not readily absorb or retain water, or other fluids, including, but not limited to buildings, parking areas, driveways, roads, sidewalks, paved recreation areas, and any areas in concrete or asphalt. For purposes of this Section, the area of the MBTA Site Access Drive, the area associated with the parking lot of the MBTA station and the area of the ""Superfund"" cap shall not be deemed to constitute Impervious Surface. OPEN SPACE The land in the Rail Transit District (RTD) not covered by any structures other than a swimming pool and not used for drives, parking or storage, but including any roof area developed for recreation as well as paved, groomed or maintained trails or recreation walkways or bicycle paths. If not part of a structure or paved, it shall be kept stabilized use unless approved by the Planning Board. 3. Capacity of any restaurant/snack bar shall not exceed sixty (60) seats unless approved by the Planning Board. 4. Ancillary uses located within a residential structure shall have no exterior advertising display except for signs approved by the Planning Board, with advice from the Inspector of Buildings. 5. No on-site public retail or professional services shall be permitted as primary or ancillary uses within a RA or RB zoning district. 7.4.7 Decision. The Planning Board may impose additional conditions not inconsistent with this or other sections of the Zoning By-Law. 7.5 MULTIFAMILY DWELLINGS 7.5.1 Administration. The Board of Appeals may grant a special permit for the construction and occupancy of multifamily dwellings on any parcel in excess of five (5) contiguous acres in the RM District subject to the following regulations and conditions. 7.5.2 Application. Applicants shall submit to the Board of Appeals five (5) copies of the following: 1. An application. 2. A site plan prepared by a registered architect, landscape architect and civil engineer, showing existing and proposed topography, proposed structures, drives, parking, landscaping and screening, utilities, drainage and reserved open space, if any. 3. A ground floor plan, sections and elevations of all proposed buildings. 4. Materials indicating the proposed number of dwelling units, distinguishing units by number of bedrooms and any special occupancies (elderly or handicapped); form of tenure and subsidies anticipated; rent or sales prices, including any commitments for price ceilings; methods of water supply and sewerage disposal; time schedule for construction of units and improvements; service improvements proposed at the developer's and those anticipated at the town's expense; and means, if any, of providing for design control. 7.5.3 Impact Statement. An analysis of the consequences of the proposed development, shall be submitted, evaluating the following imp Are apartments above commercial (mixed use) allowed in any district? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Based on the provided zoning map and regulations, mixed-use developments are permitted in Sub-Areas A, B, and C of the Ashland Downtown District. Apartments above commercial are explicitly allowed. " "[INST] Context: Department of Housing and Urban Development, pursuant to Section 8 of the Housing Act of 1937, as amended by the Housing and Community Development Act of 1974. MIXED USE DEVELOPMENT -- A development that contains a combination of at least 2,500 square feet of commercial gross floor area plus five or more residential units. PERIOD OF AFFORDABILITY Shall be in perpetuity (99 years). PROPERTY, PHASED -- Any residential or mixed use development or developments at one or more adjoining sites in common ownership or under common control within a period of two years from the first date of application for any special or building permit for construction on the lot or lots. RESIDENTIAL DEVELOPMENT -- Single-, two-family and multifamily homes, townhouse development, elderly oriented congregate housing and lodging and rooming house dwellings. B. Applicability and requirements. (1) The provisions of this § 235-73.1 shall apply to any residential or mixed use development containing five or more dwelling units, including phased projects. These provisions shall apply with respect to developments in all zoning districts of the City, provided that the provisions of this section shall not apply to any residential or mixed-use development which has previously received a special permit or variance from the relevant permit granting authority containing conditions requiring the inclusion of affordable housing in such residential or mixed-use development, nor to any such residential or mixed-use development which is subsequently modified in accordance with the provisions of this section, provided that such affordable housing inclusion conditions remain substantially unchanged as a result of any such modification. Developments required to obtain a special permit in accordance with this § 235-73.1 shall not be required to obtain a special permit for more than four accessory parking spaces under § 235-17, accessory use #18. (2) A developer of a residential or mixed use development subject to these provisions shall provide 10% of the total number of dwelling units up to the maximum allowed as of right as affordable units. Where the application of that formula results in ARTICLE XIII, Home Occupation § 235-77. Conditions. For the use of a dwelling in any ""R"" district for a home occupation, the following conditions shall apply: A. No more than one nonresident shall be employed therein. B. The use is carried on strictly within the principal building. C. No more than 40% of the existing gross floor area not to exceed 600 square feet is devoted to such use. D. That there shall be no display of goods or wares visible from the street. E. No advertising on the premises other than a single small nonelectric sign not to exceed one square foot in area and carrying only the occupant's name and his/her occupation. F. The buildings or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise, electrical disturbance or in any other way. In a multifamily dwelling, the use shall in no way become objectionable or detrimental to any residential use within the multifamily structure. G. Any such building shall include no feature of design not customary in buildings for residential use. H. Home occupations are limited to: fine arts studios (such as for artists, sculptors and photographers); dressmaking (such as for dressmakers, seamstresses and tailors); real estate or insurance offices; catering; office for a lawyer, engineer, architect and land surveyor; and teaching (such as for school teachers, special educators or tutors) of not more than four pupils simultaneously. I. Not more than one commercial vehicle in connection with such home occupation shall be stored on the premises. An accepted off-street parking space shall be provided for any such commercial vehicle. J. Other home occupations that the Board of Appeals determines will cause little or no disruption in a neighborhood may be allowed by special permit from the Board of Appeals. (Ord. No. 16985C, 11-27-1972; Ord. No. 95-189, 5-1-1995) apter governing the height of buildings shall not apply to chimneys, cooling towers, elevator bulkheads, skylights, ventilators, electronic equipment, elevator shafts and other necessary appurtenances usually carried above the roof; nor to domes, towers, stacks or spires, if not used for human occupancy and which occupy not more than 20% of the ground floor area of the building; nor to ornamental towers, observation towers, radio broadcasting towers, television and radio antennas and other like structures which do not occupy more than 20% of the lot area; nor to churches or public, agricultural or institutional buildings or private schools not conducted for profit that are primarily used for school purposes, provided the proposed appurtenances are not located within the flight paths of an airport or heliport as defined by FAA regulations and approved by the FAA. G. The maximum gross floor area for a commercial establishment in a BC District shall be 10,000 square feet. H. Where the existing development along a block amounts to more than 50% of the block frontage, and where said development has an average setback less than required by this chapter, then any vacant lot setback may be reduced to said average of the existing development. I. The gross floor area of each one-family detached dwelling and per dwelling unit in a two-family dwelling shall not be less than 768 square feet. The gross floor area in a multifamily shall not be less than 450 square feet for one-bedroom dwelling units, 600 square feet for two-bedroom units and 768 square feet for three-bedroom or larger units. J. In all districts the lot width as measured at any point between the front lot line and the rear building line shall not be less than that prescribed in the Table of Dimensional and Density Regulations. K. At no street intersection in any district shall any new or replacement organic material, excepting a lawn or ground cover, be planted or permitted to grow, nor any obstruction to vision exceeding the lesser of three feet in height above the plane established by the intersecting streets or 30 inches above the sidewalk, be p ARTICLE VI, Dimensional and Density Regulations § 235-18. Applicability. The regulations for each district pertaining to minimum lot area, minimum lot width, minimum lot depth, minimum front yard depth, minimum side yard width, minimum rear yard depth, maximum height of buildings, maximum number of stories, maximum building area, maximum floor area ratio and minimum open space shall be as specified in this section and as set forth in the Table of Dimensional and Density Regulations and subject to the further provisions of this chapter. (Ord. No. 16985C, 11-27-1972) § 235-19. Table of Dimensional and Density Regulations. See table at the end of this chapter plus attached notes, which are declared to be part of this chapter. (Ord. No. 16985C, 11-27-1972) § 235-20. Reduction of lot area. The lot or yard areas required for any new building or use may not include any part of a lot that is required by any other building or use to comply with any provisions of this chapter, nor may these areas include any property of which the ownership has been transferred subsequent to the effective date of this chapter if such property was a part of the area required for compliance with the dimensional regulations applicable to the lot from which such transfer was made. At least 60% of the lot area required for zoning compliance shall be contiguous land other than land located in a wetland, as defined in MGL c. 131, § 40, or land located under a brook, creek, stream, river, pond or lake. (Ord. No. 16985C, 11-27-1972; Ord. No. 95-189, 5-1-1995) § 235-21. Separation of lots. Lots shall not be separated or transferred in ownership so as not to comply with the provisions of this chapter. (Ord. No. 16985C, 11-27-1972) § 235-22. Screening and buffers in industrial or business districts. Screening and buffers shall be required in any industrial or business district which adjoins a residential district as follows: this strip shall be at least 25 feet in width, except when abutting a residential use in the UR-C district, in which case the width may be reduced to 10 feet. It shall contain a screen of plantings of vertical he use in the planned unit development, except that projecting signs shall not be permitted. (Ord. No. 16985C, 11-27-1972) § 235-71. Planned business development. For the planned business development of land in the BA, BA-1, BB, BB-1, BC, BD, UR-C and UR-D Districts, the development shall be subject to all regulations of this chapter, except that the following shall be allowed through grant of a special permit for the planned business development by the Planning Board: building coverage greater than the maximum building coverage permitted in the Table of Density and Dimensional Regulations, parking requirements less than the parking requirements contained in Article VIII and additional uses as provided for below, provided that: A. The tract in single or consolidated ownership at the time of application shall be at least three contiguous acres in size. A development plan shall be presented for the entire tract. B. Regardless of the zone in which a planned business development is located, all of the uses listed in the Table of Use and Parking Regulations in Article V under the categories ""community facilities,"" ""retail service commercial,"" ""wholesale, transportation and industrial"" and ""accessory use"" shall be permitted in a planned business development provided the specific uses are approved by the Planning Board when the development plan for the planned business development is approved. C. Uses may be contained in one continuous building or in groupings of buildings. The Planning Board shall review the site plan with respect to safety of the users of the development and further with respect to the overall intent of this section. The development of one continuous building or the development of a grouping of buildings may be served by one common parking area and by common exit and entrance areas, in which case a reduction in the parking area may be allowed. D. The minimum open space requirement shall be 5%. E. As part of the approval of any planned business development, the Planning Board shall review plans and may issue a special permit for accessory parking for compliance with Article VIII of this chapter. Where conditions unique to a Are apartments above commercial (mixed use) allowed in any district? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, § 235-73.1 describes the regulations surrounding any residential or mixed use development containing five or more dwelling units, including phased projects. A mixed use development is defined as a development that contains a combination of at least 2,500 square feet of commercial gross floor area plus five or more residential units. In the regulations for planned business developments, the by-law permits uses to be contained in one continuous building or in groupings of buildings. This leads me to conclude that apartments above commercial are allowed, as that is the most common way to mix uses in a single continuous building, and it is not specifically excluded. " "[INST] Context: effective date of this section, lying within the Sewer District and having legal access to the sewers of the Town of Pepperell, shall connect to the municipal sewer system by a sufficient drain, prior to any use or occupancy thereof. All single family residences existing at the effective date of this section shall be allowed access to the municipal sewer system. Any single family residence existing at the effective date of this section which is outside the Sewer District but directly abutting a parcel within the Sewer District may be allowed access to the municipal sewer system through proof of demonstrated hardship circumstances and by the permission of the Board of Public Works. No other properties outside the Sewer District shall be allowed access to the municipal sewer system. 8450. Authority. The Board of Public Works shall be the enforcement authority of the Sewer District. All connections to the municipal sewer system shall be directed as defined by the Sewer Division of the Department of Public Works. 8500. MIXED USE OVERLAY DISTRICT 8500. Purpose. The Mixed Use Overlay District (sometimes referred to herein as a ""MUOD""), allows by Special Permit from the Planning Board an alternative pattern of land development to the pattern normally permitted in the underlying District(s). A Mixed Use District Overlay shall be permitted by Special Permit in the Commercial or Industrial Districts provided the area to be so designated shall have at least five (5) acres (inclusive of wetlands). It is intended to create mixed commercial, residential, and open space areas, called Mixed Use Developments (sometimes referred to herein as MUD""), where the visual and physical dominance of the automobile is made secondary to pedestrian needs; to encourage pedestrian activity by creating a pleasant, rich and diverse experience for pedestrians; to reduce traffic congestion and air pollution by providing opportunities for retail services, housing and employment in close proximity; and to encourage the sharing of parking lots and driveway curb cuts, minimizing the amount of paved par d air pollution by providing opportunities for retail services, housing and employment in close proximity; and to encourage the sharing of parking lots and driveway curb cuts, minimizing the amount of paved parking surface area, and reducing traffic congestion. For the purposes of this section, a ""Mixed Use Development (MUD)"" shall mean any eligible use set forth in Section 8530, below, which may be commingled into a single structure or structures with other eligible uses or may be located in separate structures on the site, all subject to the issuance of a Special Permit as set forth in Section 8590. 8510. Authority. The Planning Board shall be the Special Permit Granting Authority for a MUD. The Planning Board may vary the dimensional and parking requirements of this section if, in its opinion, such change will result in an improved design of the MUD. This authority continues subsequent to occupancy by Special Permit issued by the Planning Board. Section 9300 et. seq. of this Zoning Bylaw applies with respect to the Planning Board's consideration of the grant of a Special Permit for the MUD. 8520. Exclusivity/Control. All other uses and provisions not otherwise impacted by this Section (8500 et. seq.) shall continue to remain in full force and effect. This Section (8500 et. seq.) of the Bylaw shall exclusively control development of any MUD and shall take precedence over any other provision of the Zoning Bylaw (except the provision of any other applicable overlay district). In the event of any conflict between the provisions of this Section 8500 et. seq. and the Zoning Bylaws, the provisions of this Section shall govern and control. Upon the construction and operation of a MUD pursuant to a Special Permit granted under this Section 8500, the underlying zoning regulations shall be superseded by the MUD Special Permit. 8530. Eligible Uses. Except as noted below, all uses permitted in a Commercial District shall be eligible for consideration as part of a MUD. In addition to the foregoing, the following types of uses shall be eligible for consideration as part of a low, all uses permitted in a Commercial District shall be eligible for consideration as part of a MUD. In addition to the foregoing, the following types of uses shall be eligible for consideration as part of a MUD: 8531. Multifamily Dwellings - defined as a structure or structures containing three or more residential units. 8532. Municipal Facilities - defined as facilities owned or operated by the Town of Pepperell. 8533. Underground and Above Ground Utilities 8534. Parking Facility - defined as a structure or structures permitting above ground or below grade parking including parking at or below grade under a building. 8535. Prohibited Uses. a. Notwithstanding the foregoing, the following uses shall be expressly PROHIBITED in the Mixed Use Overlay District: b. Motor vehicle sales and rental c. Motor vehicle light service d. Motor vehicle general and body repair e. Car Wash f. Commercial Kennel g. Flea Market h. Drive through service for fast food establishments 8540. Density. 8541. Business Professional Office or Retail uses shall comprise a minimum of 10% of the floor area of permitted uses in a MUD. 8550. Dimensional Requirements. The dimensional requirements below shall apply to the Mixed Use Overlay District: 8551. Minimum contiguous area required for a Mixed Use Overlay District shall be five (5) acres. A Mixed Use Overlay District shall consist of one or more lots. 8552. Minimum lot frontage shall be 100 feet for lots within the Mixed Use Overlay District. 8553. Minimum lot width shall be 100 feet for lots within the Mixed Use Overlay District. 8554. The minimum front yard for lots within the Mixed Use Overlay District shall be 30 feet. 8555. The minimum Side Yard and Rear Yard for lots within the Mixed Use Overlay District shall be as set forth in Section 4140 of the Bylaw for the underlying zoning district. 8556. There shall also be at least 15 feet separation between any two structures in the MUD and the areas behind and between all structures shall be clear and accessible to the Town's fire suppression vehicl ither unit is owner-occupied. 3433. Not more than one accessory apartment may be established on a lot. The accessory apartment shall not exceed 800 sq. ft. in gross floor space and shall be located in the principal residential structure on the premises; 3434. The external appearance of the structure in which the accessory apartment is to be located shall not be significantly altered from the appearance of a single-family structure. 3435. Sufficient and appropriate space for at least one (1) additional parking space shall be constructed by the owner to serve the accessory apartment. Said parking space shall be constructed of materials consistent with the existing driveway and shall have vehicular access to the driveway. 3440. Decision. Special permits for an accessory apartment may be granted by the Board of Appeals upon a finding that the construction and occupancy of the apartment will not be detrimental to the neighborhood in which the lot is located and after consideration of the factors specified in Section 9300 of this Zoning Bylaw, governing special permits. 3500. NONCONFORMING USES AND STRUCTURES 3510. Applicability. This Zoning Bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which this Zoning Bylaw, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder. 3520. Nonconforming Uses. The Board of Appeals may issue a special permit to change a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Board of Appeals: 3521. Change or substan erials, supplies; provided a special permit is granted. 3234. The overnight parking of commercial vehicles owned or operated by a resident of the premises, subject to the following limitations; nothing herein shall be construed to authorize a business at the location where such vehicles are parked overnight: a. one or more commercial vehicle less than 15,000 gvw are allowed as of right; b. one commercial vehicle of more than 15,000 gvw but less than 35,000 gvw is also allowed as of right; c. more than one commercial vehicle of more than 15,000 gvw but less than 35,000 gvw is allowed by special permit; d. any commercial vehicle larger than 35,000 gvw is allowed by special permit. 3240. Prohibited Accessory Uses. The following accessory uses are prohibited: 3241. Unregistered Motor Vehicles. Not more than one (1) unregistered motor vehicle or trailer or major part(s) thereof, except for farm vehicles, shall remain ungaraged upon any premises at any time unless under a Class 1 or Class 2 license for sale of motor vehicles. No unregistered motor vehicle may be stored or maintained upon any premises within fifty (50) feet from a street, public way or way laid out on a recorded plan. 3242. Residence Districts. In the Residence Districts, the following accessory uses are prohibited: a. Commercial kennels; b. Commercial auto repair or service. 3300. HOME OCCUPATIONS 3310. Home Occupation - As of Right. A home occupation may be allowed as of right, provided that it: 3311. is conducted solely within a dwelling unit or in a building or other structure accessory thereto, and solely by the person(s) occupying the dwelling as a primary residence; 3312. is clearly incidental and secondary to the use of the premises for residential purposes; 3313. does not produce offensive noise, vibration, smoke, dust, odors, heat, lighting, electrical interference, radioactive emission or environmental pollution in accordance with the provisions of Section 5500; 3314. does not utilize exterior storage of ma Are apartments above commercial (mixed use) allowed in any district? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, A Mixed Use District Overlay is permitted by Special Permit in the Commercial or Industrial Districts provided the area to be so designated shall have at least five (5) acres (inclusive of wetlands). A mixed use development in Pepperell is described as an eligible use which may be commingled into a single structure or structures with other eligible uses or may be located in separate structures on the site. Placing multifamily dwellings (which are allowed in Mixed Use Districts) above commercial is the most common way of creating mixed use developments. Because you are allowed to commingle uses in a single structure and apartments above commercial are not singled out for exclusion, I am led to conclude that apartments above commercial are allowed in Pepperell. " "[INST] Context: tility contractors, building supply and lumber yards, but not to include junkyards, saw mills, concrete or cement mixing plants, asphalt plants and the like; 2) Heavy commercial uses such as automotive garages and body shops, tire recapping companies, heavy equipment sales and service; 3) Utility plants and substations; 4) Technical schools or other training facilities on spacious adequately buffered sites; 5) A) Industrial uses of character similar to any of the above which are not of a higher nuisance level; B) Convenience commercial establishments such as branch banks and full-service restaurants whose primary service area is the Industrial District and which are located in buildings whose major occupants are engaged in otherwise allowed or permitted industrial uses. Such commercial uses may not occupy more than 25 % of the gross floor area of the building in which they are located or 10,000 square feet, whichever is the lesser. C) Motels or Hotels. A Free-standing restaurant structure may be allowed on the same or adjacent parcel provided the motel or hotel and restaurant are designed and constructed as a unified complex. Drive-through facilities are prohibited. D) Childcare facility E) Commercial or public indoor and/or outdoor recreational uses, such as ball fields, soccer fields and other sports fields, and courts, swimming tennis and racquetball clubs, and the like. D) Special Permit Uses Subject to Environmental Design Conditions The Board of Appeals may prescribe such safeguards and restrictions concerning site or operations as appear necessary to insure compatibility with other uses of a less intense nature or with adjacent zones. 1) Heavy manufacturing, processing, fabrication or power generating industries, except as prohibited under prohibited uses, provided all open yards or lots containing storage, processing, manufacturing, or other operations which border other districts or which are visible from major highways, overpasses or thoroughfares passing through, or adjacent to the district sha and residential allowed uses, special permit uses, and special permit uses subject to Environmental Design Conditions under the General Commercial (GC) District (Section 401.12), except as expressly prohibited in this Section 401.250 (D), but without limit as to ground floor area coverage or total floor area or date of construction of a building except as provided in this Section (401.25) of the Zoning Bylaw. 5. Planned retirement communities for households in which at least one permanent occupant is fifty five (55) years of age or older, but not limited to, congregate care facilities, rest homes, convalescent homes, homes for the elderly, nursing homes, elderly housing, and independent living units, provided that they are planned as a community. A social recreation center is required to serve as a focal point for the community. Appropriate medical and transportation facilities are also required. 6. Limited Occupancy Communities (LOCs) designed for households of a limited number of members in which the following requirements apply: (1) No dwelling unit shall contain more than three bedrooms; (2) The master bedroom in each detached or townhouse dwelling unit shall be on the first floor and no more than one additional bedroom shall be on the first floor; (3) Recreational amenities provided for an LOC as part of the Common Open Space or Facilities shall be oriented toward an adult population, and shall not include playgrounds. All of the above uses shall be subject to the general requirements of this Open Space Mixed Use Development Section D that the property owners, individually and/or through a viable association, be obligated for the development, operation, and maintenance of common water supply, wastewater disposal, and internal vehicular and pedestrian circulation systems, and other utilities (e.g. telecommunications/cable services). Land located within the Aquifer Protection District is subject to the provisions and restrictions outlined in Section 401.17 of the Zoning Bylaw, subject to the following: (i) the term underlying zoning districts"" as used in Section 401.17 ice establishments such as barber and beauty shops laundry and dry-cleaning establishments (coin-operated or pick-up stations only), tailoring and garment repair shops; 4) Other convenience services such as branch banks or post office substations, C) Special Permit Uses. 1) Day nurseries and kindergartens; 2) Private clubs and lodges; 3) Private recreation facilities or neighborhood centers; 4) Other convenience-type service or commercial establishments which the Board of Appeals may, on appeal, determine to be in keeping with the nature and intent of the district. D) Special Permit Uses Subject to Environmental Design Conditions 1) Restaurants, limited to on-premises consumption; 2) Minor planned shopping center limited to the uses of this section; 3) Any of the uses listed above under B. or C. which exceed 3,000 square feet or ground floor area of 5,000 square feet total area. E) Prohibited Uses 1) Any use not specifically permitted above, including but not limited to all manufacturing and processing wholesaling, warehousing, outdoor storage, outdoor advertising, automobile service stations, automotive and automotive parts sales, service or repair shops, junk, scrap or lumber storage, general retail establishments, and drive-in restaurants or fast food establishments. 2) Storage or occupancy of mobile homes, camper trailers, inoperative or unlicensed automobiles, or products, materials, or vehicles in connection with manufacturing or commercial uses outside the district, as provided for under Residential, Prohibited uses. 3) Any use or structure incompatible with the nature of the district or dangerous or noxious to persons in the district or those who pass on public ways by reason of odor, smoke, particulate matter, fumes, noise, vibration, glare, radiation, electrical interference, or danger of fire or explosion. F) Dimensional and Intensity Requirements. See Table 5. 401.11 Transitional Commercial Service Area, any building containing or servicing such uses is to be no larger than 24,000 square feet in total gross floor area. 1) Boarding houses and lodging houses; 2) Planned shopping centers; 3) Passenger terminals for buses and railroads; 4) Drive-in eating and drinking establishments; 5) Hospitals, sanitariums, nursing homes, rest homes, convalescent homes, orphanages, and homes for the aged, provided that such facility shall have no principle structure closer than twenty-five (25) feet to any lot line; 6) Automobile service stations and minor repair shops, provided that all repairs shall take place in enclosed buildings or screened area; 7) Colleges, universities, and technical or vocational schools and dormitories; 8) All uses authorized in E. and C. Above which have more than 4,000 square feet or ground floor area or 6,000 square feet total area. E) Prohibited Uses. 1) Any use other than as permitted above, including exterior storage of products or merchandise in substantial quantities, or of new or used building materials, junk, scrap, salvage, or any other second-hand materials, warehouses containing over 2,000 square feet, permanent or regular outdoor displays of merchandise in any required yard, major automotive garages, and body shops, or any garage which conducts repairs out of doors, tire recapping and retreading, storage or distribution of bulk petroleum products, and any other use of any equal or greater nuisance. level; 2) Any use which the Board of Appeals may determine to be potentially dangerous or offensive to persons in the district, or to those who pass on public ways, by reason of emission or odor, smoke, fames particulate matter, noise, vibration, glare, radiation, electrical interference or of threat of fire or explosion, or which is likely for any reason to be incompatible with the character and function of the district. 3) Any uses contained in or served by a building larger than 24,0 he aged, and other such institutions; 7) Automobile junkyards and other junk or salvage yards, provided that such uses shall be completely screened to a height of six (6) feet or more if required by walls, fences, and/or thick evergreen planting. Where the topography of any proposed site is such that the interior of the yard would be exposed to view from any abutting way or future way, the Board of Appeals may deny a permit or require screening by evergreen trees or other means of an appropriate height and thickness, both at the periphery of the property and at specified locations within the site. No display or storage of merchandise, automobiles, salvage, and the like shall be permitted outside the screened area of the site; 8) Day nurseries and kindergartens, provided that the Board of Appeals shall determine that characteristics of the particular location and of nearby land uses and traffic will not be inappropriate for such a facility; 9) Convenience of one-stop type uses which cater to the needs of the motoring public or a community market, or commercial uses which require large amounts of land or which do not cater to a pedestrian market and which would be inappropriate in a compact, pedestrian-oriented general commercial shopping area. Such use may include restaurants, bars and nightclubs, drugstores, variety stores and department stores, boat sales and service, oil dealerships, and uses of similar characteristics. In these cases, an applicant shall demonstrate why the use in question would be appropriate at the proposed location, what particular needs of the community would be served, by location of the use in Arterial Commercial District instead of a General Commercial District, and that the proposed use would not contribute to an unnecessary and inefficient extension of general-commercial type uses along the major artery in question. Uses which bear no functional relationship to other uses along the street may be denied a permit, whereas cooperation among adjacent property owners in providing off-street parking, ci Are apartments above commercial (mixed use) allowed in any district? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don’t know. , Mixed use developments (and specifically apartments above commercial) are not addressed in the provided excerpt. That doesn't mean that they are not discussed elsewhere in the by-law, so my answer is ""I don't know."" " "[INST] Context: fice parks and shopping centers. (b) Banks and credit unions with drive-through facilities. (c) Research laboratories and facilities. (d) Wholesale trade or sales establishments. (e) Assembly or light manufacturing enterprises. (f) Adult entertainment establishments subject to the provisions of section 7.9. (g) Filling stations, and establishments for the repair and servicing of motor vehicles and for the retail distribution of petroleum products. (h) Video or electronic game machines, except that no more than two (2) machines are allowed per building, facility, or lot. (i) Dance halls, theaters, and skating rinks, except that no more than one (1) skating rink or theater is allowed per building, facility, or lot. (j)Bars, taverns, and restaurants (other than formula fast food restaurants) with live entertainment. (k) Any development under section 4.6.2, whether or not developed in phases, that would create more than ten thousand (10,000) square feet of floor area, or more than 30 off-street parking spaces, or that would include accessory buildings, enclosed accessory uses, or off-street loading areas. 4.7 Business/Light Industry District 4.7.1 The Business/Light Industry District is intended for office and professional buildings and for assembly and light manufacturing uses consistent with the Town's suburban character. 4.7.2 The following principal uses are permitted in the Business/Light Industry District, provided a site plan is approved by the Planning Board, and except for those uses that also require a special permit, as provided by section 4.7.3. (a) The uses described in section 4.2.3 (c), (d), and (g). (b) Veterinary hospitals and kennels. (c) Enclosed storage yards. (d) Offices for general construction, landscaping, or similar contractors, with open storage of related supplies, equipment, or vehicles, and structures for storing such items, provided all such storage areas and structures are screened from outside view, and provided further that such storage areas and structur ground. 8.4.3 Residential District Sign Regulations 8.4.3.1 Total area of a sign shall not be larger that sixteen (16) square feet in area, and no one (1) side shall be larger than eight (8) square feet in area. 8.4.3.2 No free standing sign, or other advertising device, shall be more than ten (10) feet above the ground. 8.4.4 Central District Sign Regulations 8.4.4.1 Each business within a building will be allowed to have ten (10) square feet of sign area attached to the building. Total area of a free standing sign shall not exceed forth (40) square feet in area. 8.4.4.2 No free standing sign, or other advertising device, shall be more than ten (10) feet above the ground. 8.4.5 Retail District or the Business/Light Industry District Sign Regulations 8.4.5.1 Each business within a building will be allowed to have ten (10) square feet of sign area attached to the building. Total area of a free standing sign shall not exceed eighty (80) square feet in area; The maximum area shall not exceed five (5) percent of the projected vertical area of the side of the building facing the street, (Maximum Area equals .05 H/L where H and L are the height and length of the building expressed in feet), whichever is greater. 8.4.5.2 In no event shall the length or width of a free standing sign or a sign attached to the building be greater than fifteen (15) feet. 8.4.5.3 No sign, or other advertising device, shall be more than twenty (20) feet above ground level. 8.4.6 Temporary Signs 8.4.6.1 Temporary signs which comply with this Bylaw shall be permitted. Temporary signs for political or charitable purposes or public organizations and temporary window signs are exempt from the provisions of Section 8.4. 8.5 New Single Family Dwelling Limitation 8.5.1 Except as provided by section 8.5.2, the issuance of building permits for new single family dwellings is subject to the following limitations: (a) Building permits shall not be issued authorizing the construction of more than twenty-four (24) new single family dwellings in the Town in any twelve (12) month period. The number of permits allo (d) Medical and dentistry clinics. (e) Banks and credit unions without drive-through facilities. (f) Historical, philanthropic, or charitable associations. (g) Restaurants (other than formula fast food restaurants) without live entertainment. (h) Museums and libraries. (i) Antique and handicraft shops. (j) Funeral establishments. 4.2.4 The following principal uses are permitted in the Central District, provided a special permit is approved by the Planning Board. (a) Any development under section 4.2.3, whether or not developed in phases, that would create more than five thousand (5,000) square feet of floor area, or more than fifteen (15) off-street parking spaces, or that would include accessory buildings, enclosed accessory uses, or off-street loading areas. (b) Research laboratories and facilities. 4.2.5 The following principal uses are permitted in the Central District, provided a site plan is approved by the Planning Board, and a special permit is approved by the Board of Selectmen. (a) Filling stations, and establishments for the sale, storage, service, and repair of motor vehicles. (b) Overnight lodging, including hotels, motels, and inns. 4.3 Residential District 4.3.1 The Residential District is intended to encompass the more established, residential areas surrounding the town center. 4.3.2 The following principal uses are permitted in the Residential District. (a) The uses described in section 4.2.2, excluding multi-family dwellings approved under section 6.7. 4.4 Outlying District 4.4.1 The Outlying District is intended as an area of low density residence, recreation, conservation, agriculture, and similar uses compatible with a rural area. 4.4.2 The following principal uses are permitted in the Outlying District. (a) The uses described in section 4.2.2(a),(c),(d), and (e). (b) Agriculture, horticulture, floriculture, viticulture, aquaculture, and animal husbandry. 4.4.3The following uses are permitted in the Outlying District, provided a spec ing district are permitted in the Floodplain District, except that new development activities in the Floodplain District are prohibited, unless such activities are authorized by a special permit issued by the Planning Board under section 4.10.5. 4.10.3 Submittal and Notification Requirements 4.10.3.1 An applicant for a special permit under this section shall provide the Planning Board with a site plan that meets the requirements of section 7.6 of the Bylaw. 4.10.3.2 BFE data is required for subdivisions or other developments that would create fifty (50) or more lots, or involve five (5) or more acres of land. For developments that would create fewer than fifty lots, and involve less than 5 acres of land, the Planning Board may require the submission of BFE data. 4.10.3.3 In a riverine situation, the Planning Board shall notify the following of any alteration or relocation of a watercourse: adjacent communities; the NFIP State Coordinator, Massachusetts Department of Conservation and Recreation, 251 Causeway St., Suite 600-700, Boston, MA 02114-2104; and the NFIP Program Specialist, FEMA, Region I, 99 High St., 6th Floor, Boston, MA 02110. 4.10.4 Development Standards 4.10.4.1 In addition to any development standards adopted under section 7.8.3.2, new development activities in the Floodplain District shall comply with the following standards: (a) the volume of lost floodwater storage capacity caused by the proposed development shall be offset by the provision of an equal volume of floodwater storage capacity by excavation or other compensatory measures at hydraulically equivalent sites; (b) vehicular and pedestrian access to, over, and from the site shall be provided over ways having an elevation of at least fifteen (15) feet above NGVD, or one foot above the BFE, whichever elevation is higher, except that the standard established by this paragraph shall not apply where the proposed development activity consists of the substantial modification of an existing dwelling unit, and provided further that the Planning o the following exceptions: (a) fences, walks, utilities, utility lines, septic systems, water supplies, and signs may be built or installed in an MSA; (b) parking spaces may be located within an MSA measured from a street line, provided that in no event will parking spaces be allowed within fifty (50) feet of the street line, or within a distance from the street line of one-half (1/2) of the MSA calculated for that street line, whichever distance is greater; and (c) a site access road may be built across an MSA measured from a street line, except that, within the distance described by Section 6.1.3.2.4 (b) above, the site access road shall run perpendicular, or nearly perpendicular, to the setback line; a site access road may not, within this distance, serve as a portion of a perimeter road running adjacent or parallel to the structure. 6.1.4 Floor Area 6.1.4.1 For each unit for rent in a hotel, inn, motel, tourist home or lodging house there shall be a minimum of one hundred and sixty (160) square feet for single occupancy plus sixty (60) square feet for each additional person occupying the unit. 6.1.4.2 The restrictions of this section shall not apply to any dwelling in existence in the Town at the time of the adoption of this Bylaw. 6.1.5 Lot Coverage 6.1.5.1 In the Retail District or the Business/Light Industry District, no more than fifty (50) percent of any lot or area shown on the site plan shall be covered by structures or impervious surfaces. 6.1.5.2 In all districts, the maximum building lot coverage for all new construction, alteration, enlargement, or reconstruction for all structures on any lot shall not exceed twenty-five (25) percent of the total lot area. 6.2 Multi-Family Dwellings 6.2.1 Applicability 6.2.1.1 Multi-family dwellings are authorized by this section in the Central District or the Residential District as follows: (a) a development creating fewer than five (5) multi-family dwelling units is authorized, subject to the requirements of this section, and pr Are apartments above commercial (mixed use) allowed in any district? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] No, Based on the provided excerpt, it does not appear that mixed use developments are allowed, let alone apartments over commercial. I do not have the full by-law, but I feel comfortable with my conclusion because all the districts are included in the excerpt, and mixed use developments are not listed under any of their purposes. " "[INST] Context: 1. Front: 20 feet 2. Side: 15 feet 3. Opposite Side: 30 feet 4. Rear: 25 feet d. Maximum Front Yard Setback: 40 feet e. Lot Width: 100 feet f. Building & Use Intensity 1. Maximum Height: 45 feet 2. Maximum Number of Stories: 3 stories 3. Maximum Lot Coverage: 75% 4. Maximum Building Coverage: 25% 5. Maximum Floor Area Ratio: .60 6. Minimum Open Space % Lot Area: 25% 3.10. Industrial District (revised 06/08/2009) 3.10.1.Use Regulations a. Permitted Industrial Uses: 1. Research, experimental and testing lab 2. Light manufacturing and manufacturing which is incidental to research, experimental and testing laboratories, whether enclosed or otherwise 3. Enclosed manufacturing 4. Exterior storage, as an accessory use, exclusive of junk cars or other junk items, provided that the exterior storage is screened from view, by a fence or appropriate landscaping, from abutting streets or properties 5. Beverage bottling or food packaging plant, but not including meat and fish processing 6. Plant for dry cleaning, cold storage or freezing 7. Above-ground storage of gas and petroleum products 8. Commercial parking lot 9. Professional or business office 10. Gasoline service stations and automobile repair shops (not including junkyards) providing that there shall be no storage of automobiles on the premises other than those in the process of or awaiting repair or awaiting delivery or pickup after repair 11. Public utility 12. Accessory industrial uses 13. Shop of an electrician, painter, paper-hanger, plumber, upholsterer, carpenter, cabinet maker, general appliance repair person, or of a person engaged in a similar occupation b. Uses Allowed by Special Permit from the Planning Board 1. Private and commercial communication towers and antennas for radio, television, and/or wireless telecommunications, subject to Section 4.15 2. Assembly, fabrication, processing ,printing, wholesaling and distribution, warehousing and interior storage 3. Contractor's yard 4. Sale of automobiles and trucks, accessories, farm equipment, aircraft, motorcycles, and camping trailers c. Uses Allowed by Special Permit from the Board of App ommercial use, in accordance with Section 2.5 9. Business Service Establishment 10. Take-out food establishment or delicatessen where food is prepared and sold at retail but not consumed on the premises, but not including drive-through service 11. Shop of an electrician, painter, paper hanger, plumber, upholsterer, carpenter, cabinet maker, general appliance repair person, or of a person engaged in a similar occupation 12. Bank b. Permitted Residential and Accessory Uses 1. Dwelling combined with a permitted commercial use 2. Up to two dwelling units above the ground floor of a building occupied principally by permitted commercial uses 3. Home professional office, home personal service, subject to Section 4.6 4. Bed and breakfast c. Uses Allowed by Special Permit from the Planning Board 1. Permitted or Special Permitted commercial uses or mixed-uses in more than one principal building on the same lot 2. Multi-family housing, subject to Section 4.1 3. A grocery store or supermarket, not exceeding 80,000 square feet of net floor area 4. Assisted living facility 5. Detached single-family dwelling 6. Accessory uses customarily incidental to a Special Permitted commercial or residential use, in accordance with Section 2.5 7. Private and commercial communication towers and antennas for radio, television, and/or wireless telecommunications, subject to Section 4.15 8. Dry cleaning and pressing or tailor shop 9. Sale of automobiles and trucks, accessories, farm equipment, aircraft, motorcycles, and camping trailers 10. Auto filling stations, service stations and repair shops (not including junkyards) provided that there shall be no storage of automobiles on the premises other than those in the process of or awaiting repair or awaiting delivery or pickup after repair 11. Contractor's yard 3.7.2.Density and Dimensional Regulations a. Minimum Lot Area: 1. Single-family 20,000 square feet 2. Two-family 30,000 square feet Permit if they comply with the following requirements: a. The occupation must be operated by a person residing on the premises, and it shall employ on those premises not more than three (3) persons not resident thereon; b. There shall be no evidence of the occupation through persistent or excessive sound, or through vibration, smell, or sight discernable at the boundaries of the premises, except for a sign that conforms to the requirements of Section 6 of this Bylaw; c. Any exterior storage of materials or equipment or business-related parking shall be so located and screened, through location, grade or landscaping, from adjacent properties; d. Not more than two (2) vehicles requiring registration as taxis, buses, or commercial vehicles shall be regularly parked outdoors on the premises. Such vehicles shall not weigh more than 15,000 lbs. or have more than two (2) axles; e. Traffic generated shall not be more disruptive to the neighborhood than traffic normally resulting from residential development considering volume, type, hours and other traffic characteristics; and f The occupation shall be conducted within a dwelling or accessory structure and occupy not more than twenty-five percent (25%) of the combined total floor area unless the Board of Appeals authorizes a larger percentage by Special Permit. 4.6.3. Home Occupations by Special Permit a. A Special Permit from the Board of Appeals is required for any home occupation that does not comply with the requirements of Section 4.6.2 or that is otherwise listed as a special permitted home occupation in the use regulations of a zoning district. The Board of Appeals may grant a Special Permit only upon determining that the use will not create hazard, disturbance to any abutter, or injury to the neighborhood, and will not create unsightliness visible from any public way or neighboring property. b. In its discretion, the Board of Appeals may linic or animal hospital 5. 5. Private and commercial communication towers and antennas for radio, television, and/or wireless telecommunications, subject to Section 4.15 3.8.2.Dimensional and Use Intensity Regulations a. Minimum Lot Area: 1. Single-family 20,000 square feet 2. Two-family 30,000 square feet 3. Multi-family Subject to Section 4.1 4. Other uses 40,000 square feet b. Minimum Frontage: 100 feet c. Minimum Yard Setbacks: 1. Front: 20 feet 2. Side: 15 feet 3. Opposite Side: 30 feet 4. Rear: 50 feet d. Maximum Front Yard Setback: 40 feet e. Lot Width: 100 feet f. Building & Use Intensity 1. Max. Height (Feet): 35 feet 2. Maximum Number of Stories: 2.5 3. Maximum Lot Coverage: 65% 4. Maximum Building Coverage: 20% 5. Maximum Floor Area Ratio: .45 6. Minimum Open Space % Lot Area: 35% 3.9 Lancaster Road Commercial District (revised 06/08/2009) The purposes of the Lancaster Road Commercial District are to provide for a broad mix of retail, service and light industrial uses in the southern end of town, including businesses that serve highway travelers and commuters. 3.9.1.Use Regulations a. Permitted Commercial Uses: 1. Retail store 2. Professional or business office 3. Restaurant, take-out food service establishment or delicatessen, excluding drive-through service 4. Barber or beauty shop 5. Bank 6. Business service establishment 7. Banking machine, as a stand-alone structure, or where public access is available only via a drive-up windows or from outside a building 8. Shop of an electrician, painter, paper-hanger, plumber, upholsterer, carpenter, cabinet maker, general appliance repair person, or of a person engaged in a similar occupation 9. Shop for custom work involving the manufacture of articles to be sold on premises; or shop and display area of an upholsterer, cabinet-maker or similar craftsperson receiving customers on the premises 10. Accessory uses customarily incidental to a permitted commercial use, in accordance with Section 2.5 of this Bylaw 11. Restaurant for the serving of food or beverages inside the premises or outside but on the premises, such as at t r rear of the building, and any additions shall not increase the square footage of the one family house by more than ten percent (10%); 4.5.4. The design and size of the apartment conforms to all applicable standards in the health, building and other codes; 4.5.5. The owner(s) of the residence in which the accessory unit is created shall occupy at least one of the dwelling units in the premise, except for bonafide temporary absences; 4.5.6. Parking must conform to the requirements of this Bylaw. 4.6 Home Occupations (Revised 11-01-05) 4.6.1. Types of Home Occupations In this Bylaw, home occupations are regulated according to the following use categories: a. Home professional office: office for the practice of a profession involving a high degree of training in the humanities, science or arts, such as medicine, law, engineering or fine arts. b. Home personal service: personal services, such as insurance, notary public, real estate broker, beauty care, clerical services; studio for the teaching of fine, performing or domestic arts and crafts; home care or therapy (for pay) for not more than three patients or children. c. Home business workshop: the business or shop of a painter, carpenter, electrician or similar trade. d. Home specialty retail: the sale of specialty products made on the premises, such as dressmaking, home baking or catering, or arts and crafts; or collector's items, such as antiques, stamps, coins. Home specialty retail does not include the sale of products raised and grown on the premises of an agricultural use on more than five acres of land. 4.6.2. Permitted Home Occupations In any zoning district, home occupations listed as a permitted use do not require a Special Permit if they comply with the following requirements: a. The occupation must be operated by a person residing on the premises, and it shall employ on those premises not more than three (3) persons not reside Are apartments above commercial (mixed use) allowed in any district? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, In at leasto one district, up to two dwelling units above the ground floor of a building occupied principally by permitted commercial uses is allowed. This means that apartments above commercial are explicitly allowed in at least one district in Shirley. " "[INST] Context: e safe for and conducive to pedestrian traffic. B. Specific District Standards and Guidelines All developments within the BA District that require a special permit with design review or special permit with site plan review should comply with the following guidelines to the highest degree practicable. 1. Give preference to locating on-site, off-street parking at the rear of the lot, behind the building or below street level, providing vehicular access from either a side street or alley where possible. 2. Give preference to providing landscaping along the primary street edge. 6.1.7. BB-Commercial Residential Districts. Purpose. To establish and preserve general commercial and high density residential areas consisting of multi-family developments, shopping centers, commercial strips and automobile related establishments where customers reach individual businesses primarily by automobile. 6.1.8. IA - Industrial Districts. Purpose. To establish and preserve areas for industrial and related uses which are not incompatible with commercial uses; uses which are most appropriately located as neighbors of industrial uses including living and studio space for artists; and uses which are necessary to service the immediate needs of industrial establishments in those areas, and accessory uses to industrial uses such as day care centers, cafeterias, health facilities, and the like. 6.1.9. IB - Industrial Districts. Purpose. To establish and preserve areas for necessary industrial and related uses of such a nature that they require isolation from many other kinds of land uses, and to make provision for commercial uses which are necessary to service the immediate needs of people in these areas. 6.1.10. IP - Industrial Park Districts. Purpose. To provide opportunity for development in an environment free of excessive noise, odor, smoke, dust, glare, heat, visual disarray, or other nuisance. The specific goals of the Industrial Park Zoning District are as follows: Encourage the development of light intensity, clean industry, serving the expansion and diversification of the local economy; Provide quali 00 so' radius SUBJECT BUSINESS LOT or INDUSTRIAL 00 (abute residence district) DISTRICT LOT LINK SECTION/ELEVATION PLAN VIEW Figure 8D. 21. Setback for Rooftop Installations: All elevator and stairwell penthouses, roof-mounted mechanical equipment (including enclosure, if any) and other similar rooftop installations shall be set back behind a plane inclined at 45 degrees from the vertical, beginning at the maximum height of the building as defined in Section 8.5, along all street lines and rear lot line. NOTE: See Figure 8E. Section 8.7. Dimensional Requirements Applicable to the University District. 8.7.1. Special Applicability Provisions. a. All of the land owned by Tufts University situated in the University District and in the portions of the Tufts Campus situated in the City of Medford shall be considered and dealt with as a single tract or parcel of land comprising multiple buildings and facilities. The University shall not for the purposes of this Ordinance, except as otherwise expressly provided in this Section 8.7, be required to create, establish, accept or recognize any lot or lot line within the University District. However, nothing herein shall be deemed to abrogate or limit the right of the University to create, establish, accept or recognize any lot within the University District which is otherwise lawful. b. With respect to each building or facility of the University, existing or hereafter erected, which lies partly in Somerville and partly in Medford, the provisions hereof shall be applicable to the portion thereof situated in Somerville, but shall not affect any portion thereof situated in Medford. ""ANTENNAE,"",, ""SATELLITE DISHES,"",, ""A/C LONDENSERS, EZ"",, INCLUDING ENCLOSURE,, ALL ROOFTOP INSTALLATIONS MUST BE OETBALK WITHIN as PLANE ALONG THOSE WALLS INDICATED AT LEFT,, Figure 8E. 8.7.2. Height Regulations. Within the University District the maximum height of buildings in stories and feet shall be as foll A. Purpose To preserve and enhance central business areas for retail, business services, housing, and office uses and to promote a strong pedestrian character and scale i n those areas. A primary goal for the districts is to provide environments that are safe for and conducive to a high volume of pedestrian traffic, with a strong connection to retail and pedestrian accessible street level uses. B. Specific District Standards and Guidelines All developments within the CBD district that require a special permit with design review or special permit with site plan review should comply with the following guidelines to the highest degree practicable. 1. Across the primary street edge, the building should complete the streetwall. 2. At the street level, provide continuous storefronts or pedestrian arcade which shall house either retail occupancies, or service occupancies suitably designed for present or future retail use. 3. Massing of the building should include articulation which will blend the building in with the surrounding district. At the fourth floor, a minimum five foot deep setback is recommended. 4. Locate on-site, off-street parking either at the rear of the lot behind the building or below street level; parking should not abut the street edge of the parcel. 5. Provide access to on-site, off-street parking from either a side street or alley. Where this is not possible, provide vehicular access through an opening in the street level facade of the building of a maximum 25 feet in width. 6.1.6. BA-Commercial Districts. A. Purpose To establish and preserve business areas bordering main thoroughfares that are attractive to a wide range of uses, including retail business and services, housing, government, professional and medical offices, and places of amusement. While it is anticipated that most users will arrive by motor vehicle, it is intended that the area should be safe for and conducive to pedestrian traffic. B. Specific District Standards and Guidelines All developments within the BA District that require a special permit with design review or special permit with si additional height as specified in Article 6 or unless reference is made to provisions of a footnote in this Section 8.6. NOTE: §8.6.3 was amended by Ordinance 1997-6 on November 13, 1997 and Ordinance 2002-7onAugust8, 2002. 4. Height Limitations in IP Districts: The following height limitations shall apply in all Industrial IP districts: 2 story structures permitted within 50 feet of an RA or RB zone, to a maximum of 25 feet in height. 3 story structures permitted between 50 feet and 100 feet of an RA or RB district, to a maximum of 35 feet in height. 3 story structures permitted beyond 100 feet from an RA or RB district, to a maximum of 45 feet in height. 5. Front ,yard: If the average front yard depth of two (2) or more existing buildings on each side of a lot within one hundred (100) feet and within the district and same block, uninterrupted by an intersection, is less than the required front yard, the average of such existing front yard depths may be the required front yard depth for buildings of three (3) stories or less, but in no case may the front yard depth be less than ten (10) feet. NOTE: See Figure 8A. ,,,\,2,,3,4,,,,,LINE OF NORMAL FRONT ,,,,,,,,,,,,YARD REQUIRED ,,,,,,,,,,,,(BUILDING LINE) ,,,,100,,,100,,,,STREET, EXAMPLE (based on above illustration): Within 100' of the ""SUBJECT LOT"" there are two existing buildings (on Lots 1 and 3) that have front yard setbacks that are less than the normally required front yard. Under $8.6.5, the average of front yards 1 and 3 may serve as the required front yard for buildings of 3 stories or less on the subject lot. In any case, a 10' front yard depth is always required. Figure 8A. 5a. Projections into Front Yards: First story building elements such as bays, bay windows and oriel windows (provided that said bays, bay windows or oriel windows encumber no more than fifty percent (50%) of the length of the front side of the structure they project from), balconies, chimneys, flues and fire escapes, steps OETBALK WITHIN as PLANE ALONG THOSE WALLS INDICATED AT LEFT,, Figure 8E. 8.7.2. Height Regulations. Within the University District the maximum height of buildings in stories and feet shall be as follows: Location,Stories,Feet Within the Blue Band as herein defined,2-1/2,35 Within the Red Band as herein defined,4,56 Within the Yellow Band as herein defined,6,72 Within the Green Band as herein defined,8,98 The Blue Band comprises the land within the University District which (a) is within 100 feet of (i) the center line of Dearborn Road, (ii) the center line of College Avenue, (iii) the center line of Powder House Boulevard, (iv) the center line of that portion of Packard Avenue between Powder House Boulevard and the southwesterly line of Sawyer Avenue, or (v) the center line of Curtis Street between Sawyer Avenue and the City line, or (b) lies southwesterly of the center line of Sawyer Avenue between Packard Avenue and Curtis Street. The Red Band comprises the land within the University District which is not included in the Blue Band and (a) is within 200 feet of (i) the center line of Dearborn Road, (ii) the center line of College Avenue, (iii) the center line of Powder House Boulevard, (iv) the center line of that portion of Packard Avenue between Powder House Boulevard and the southwesterly line of Talbot Avenue, or (v) the center line of Curtis Street between Sawyer Avenue and the City line, or (b) is within 100 feet of the center line of Sawyer Avenue, between the Red Band measured from Curtis Street and the Red Band measured from Packard Avenue. The Yellow Band comprises the land within the University District which is not included in the Blue Band or the Red Band and is (a) within the block bounded by Sawyer Avenue, Curtis Street, Professors Row and Packard Avenue, or (b) within the area bounded by Professors Row, Curtis Street, the City Line and a line parallel to and 350 feet southeasterly from Curtis Street. The Green Band comprises the land wit Are apartments above commercial (mixed use) allowed in any district? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don’t know. , Based on the provided zoning code extracts, mixed-use developments combining residential and commercial uses are not explicitly permitted in any district. However, the excerpt does not provide a total list of districts, so apartments above commercial could be allowed elsewhere in Somerville. Therefore, the answer is ""I don't know."" " "[INST] Context: TS 2.4.1 Residence in Commercial Districts A residential use located in a commercial district shall conform to the dimensional requirements of the nearest residential district. 2.4.2 Single Family or Two Family Dwellings on Non-Conforming Lots. In any district except a light industrial district, a single family or two family dwelling may be erected on a non- conforming lot in accordance with the provisions of G.L. c40A, s,6, papa.4, which states, in pertinent part: [a]ny increase in area, frontage, width, yard, or depth requirements of a zoning ordinance or by-law shall not apply to a lot for single and two family residential use which at the time of recording or endorsement, whichever occurs sooner was not held in common ownership with any adjoining land, conformed to then existing requirements and had less than the proposed requirement but at least five thousand square feet of area and fifty feet of frontage. Any increase in area, frontage, width, yard or depth requirement of a zoning ordinance or by-law shall not apply for a period of five years from its effective date...to a lot for single and two family residential use, provided the plan for such lot was recorded or endorsed and such lot was held in common ownership with any adjoining land and conformed to then existing requirements as of January first, nineteen hundred and seventy-six, and had less area, frontage, width, yard or depth requirements than the newly effective zoning requirements but contained at least seven thousand five hundred square feet of area and seventy-five feet of frontage, and provided... further that the provisions of this sentence shall not apply to more than three of such adjoining lots held in common ownership. 2.4.3 Change in Lot Configuration. No lot on which a building is located shall be reduced or changed in shape so that the building or lot fails to comply with the minimum lot area, lot width, minimum yard requirements, or other provisions of the by-law applicable to the lot or building. 2.4.4 Multiple Buildings or Uses on a Lot. Multiple principal uses or building on the same lot each must meet the dimensional requirements of Section 2.5 without counting any area, frontage or yard twice. Not m DULT USE shall mean Adult Bookstores, Adult Cabarets, Adult Motion Picture Theaters, Adult Paraphernalia Stores, and Adult Video Stores, alone or in combination, as defined in this by-law. Alteration shall mean any construction, reconstruction or other action resulting in a change of the structural parts or height, number of stories, size, use or location of a building or other structure. Assisted Elderly Housing shall mean a residential facility occupies by persons over the age of 55, their spouses or surviving spouses, including rooms occupied by resident staff personnel. Such a facility may include a full range of nursing care from total to partial assistance, and may provide food preparation services, limited residential food preparation areas, and common recreational, laundry, social, medical, religious and service facilities for the exclusive use of the residents. BED AND BREAKFAST shall mean a private owner-occupied house with three or fewer guest rooms that includes a breakfast in the room rate. Parking to serve bed and breakfast guests shall not be located within the front yard between the residence and the street line except where the board of appeals finds that due to the considerable setback of the building from the street or other unique conditions pertaining to the lot, alternative off-street parking arrangements, such as an existing driveway, will not be detrimental to the neighborhood. BILLBOARD shall mean a large freestanding, permanent sign which directs attention to a business, commodity, services or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is located. BUFFER OR BUFFER STRIP shall mean an area within a site which is adjacent to and parallel with the property line consisting of a continuous strip (except for required vehicle or pedestrian access points) of existing vegetation or created by the use of trees or shrubs, designed to minimize intrusion of dirt, dust, litter, noise, glare from motor vehicle headlights, artificial light (including ambient glare); or view of signs, unsightly ARTICLE 5. DEFINITIONS For the purpose of this ordinance and unless the context of usage clearly indicates another meaning, the following terms shall have the meanings indicated herein; words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the words ""used"" or ""occupied"" include the words ""designed"", ""arranged"", ""intended"", or ""offered"", to be used or occupied; the words ""building"", ""structure"", ""lot"", ""land"", or ""premises"" shall be construed as though followed by the words ""or any portion thereof"", and the words ""shall"" is mandatory and directory, and ""may"" is permissive. Any word indicating gender, such as he or she, shall be construed to mean both genders. Terms and words not defined herein but defined in the Commonwealth of Massachusetts Building Code shall have meanings given therein unless a contrary intention clearly appears. Words not defined in either this ordinance or the State Building Code shall have the meaning given in the most recent edition of Webster's Unabridged Dictionary. Uses listed in the Table of Use Regulations under the categories ""Commercial"" and Industrial"" shall be defined by the Standard Industrial Classification Manual published by the U.S. Bureau of Census. The defined words and phrases are as follows: ACCESSORY APARTMENT shall mean a separate, complete dwelling unit which is; (a) contained substantially within the structure of a one-family dwelling unit, is served by a separate entry/exit and can be isolated from the principal one family dwelling unit, or (b) contained entirely within an accessory building located on the same lot as a one-family dwelling. ACCESSORY BUILDING OR STRUCTURE shall mean a building or structure incidental and subordinate to a principal building or structure and customarily used to serve the purposes of that principal building. A building is accessory only where a principal building exists on the same lot. ACCESSORY USE shall mean a use customarily incidental to and located on the same lot with the principal use. ADULT B ARTICLE 3. GENERAL REGULATIONS 3.1 SIGNS 3.1.1 Signs in Residence Districts In a Neighborhood Residence District and in a Rural Residence and Farming District the following signs are permitted: (a) one non-flashing sign not over two (2) square feet in area for each family residing on the premises including the name of the owner or occupant and/or pertaining to a permitted accessory use. (b) two non-flashing signs aggregating not over ten (10) square feet in area pertaining to a permitted use on the premises other than a dwelling or use accessory thereto or pertaining to a use specifically authorized on the premises by the Board of Appeals. (c) temporary unlighted signs aggregating not over ten (10) square feet in area advertising the sale or lease of the premises. (d) unlighted directional signs not over two (2) square feet in area, indicating the route to, or location of, a lawful use located on another premises. (e) temporary Building Contractors' signs erected only during period of construction. 3.1.2 Signs in Commercial Districts and Light Industrial Districts In a commercial District and Light Industrial district the following signs are permitted: (a) signs painted on or attached flat against the wall of a building (without limitation on the number thereof), but having a total area not exceeding 40% of the area of any one wall. (b) not more than two Free Standing signs aggregating not more than 40 square feet in total area and pertaining to a permitted use located on the premises. (c) signs may have flashing action but may contain no visible moving parts. (d) unlighted directional signs not over two (2) square feet in area, indicating the route to, or location of, a lawful use locate ARTICLE 4. SPECIAL REGULATIONS 4.1 HOME OCCUPATIONS 4.1.1 Allowed Occupations Home occupations shall be allowed without need for a special permit only if meeting all of the following: (a) The occupation shall be operated by a person residing on the premises. At no time shall there be more than one employee present on the premises who is not also a resident thereon. (b) There shall be no evidence of the occupation through persistent or excessive sound, or through vibration, smell, or sight discernible at the boundaries of the premises, except for a sign as permitted by Section 3.1 or for display of produce raised on the premises. (c) Any exterior storage of materials or equipment or business-related parking shall be so located and so screened (through location, grade, or vegetative screening), as to be in compliance with (b) above. (d) Not more than two vehicles requiring registration as taxis, buses, or commercial vehicles shall be regularly parked outdoors on the premises. (e) Traffic generated shall not be more disruptive to the neighborhood than traffic normally resulting from residential development considering volume, type, hours, and other traffic characteristics. The occupation shall be conducted within a dwelling, with no use of accessory structures except for parking or incidental storage in an existing accessory structure. 4.1.2 Occupation on Special Permit A special permit from the Board of Appeals may authorize any or all of the following for a home occupation: (a) Employment on the premises of two or more persons not resident thereon. Not more than there such persons shall be authorized except when, because of the circumstances of the location or the occupation, such additional employment will not adversely affect the neighborhood. (b) Reasonable modification of the limitation in 4.1.1 (b) above. (c) Parking or outside storage not capable of being located and screened as required by 4.1.1 (b) above. (d) Parking of vehicles other than as allowed under 4.1.1 (d) above. (e) A Are apartments above commercial (mixed use) allowed in any district? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don’t know. , Section 2.4.1. provides that a residential use located in a commercial district shall conform to the dimensional requirements of the nearest residential district. This implies that there could be some form of mixed use developments permitted in Sterling. However, it is not clear if this is the case or if such residential uses are permitted above commercial uses. Without a list of all of the zoning districts in Sterling and their permitted uses, the answer currently is ""I don't know."" " "[INST] Context: 10% percent of thy total number of dwelling units at any one time be units of 3 or more bedrooms; b) Multistory parking structures, provided that the structure complies with the design standards for parking structures identified in this by-law, as amended; c) Artist studio/residence; d) Retail stores and offices including, but not limited to salesrooms and showrooms, consumer service establishments, business and professional offices, executive and administrative offices, banks and other financial institutions; e) Drive-in automatic teller machines only if located in a secondary ""kiosk"" style building that is detached from the principle building on the site and the principle building includes 2 or more stories; f) Restaurant and other on-premises eating and drinking establishments. [4.2] Prohibited Uses a)The following uses are prohibited in the Overlay District: i) Adult Entertainment Establishment; ii) Drive-in establishments other than those described in the permitted uses section of this by-law; iii) Funeral establishments; iv) Animal or veterinary hospital; v) Sale of new or used automobiles and trucks, automobile tires and other accessories, aircraft, boats, motorcycles, and household trailers; vi) Automotive repair, automobile service station or garage, including the sale of gasoline; vii) Storage trailers and outdoor storage of goods associated with a commercial use; viii) Dwelling units located below ground level. b)Within SCMUOD Area B, the following uses shall be prohibited: i) Retail ii)Eating and Drinking Establishments [4.3] Special use provisions: Ground floor uses a) Ground floors of buildings fronting streets or public access ways shall be reserved for commercial uses except as specified below. b) Dwelling units shall be allowed on ground floors of buildings only where: the building i TABLE OF DIMENSIONAL AND DENSITY REGULATIONS District,Use,Minimum l ol Area (sq ft ),Minimum I of Width (ft),Minimum of Frontage (ft),Minimum of Depth (f) ),Minimum Front (II),Yard Side (ft),Rear (ft,Maximum Height (f) ),Maximum Stories (No ),Maximum Building Area (%),Minimum Open Space (%) R M,Multi Family Apartment House Multi family Row House (Town House Condominium) Two Family Dwelling Any other permitted use (5),2 000 sq ft per dwelling unit + 2 000 sq ft per bedroom per dwelling unit (7),150(5) 100(5),150(5) 100(5),80,25,10(2),30,40,4,- 30,30 10) RU,Two Family Dwelling,35 000 (7),120(5),120,100,25,15(1),40,35,25,30,50 ,Single Family Dwelling,25 000(7),80,80 (5),80,25,15,40,35,25,30,50 ,Any other permitted use,35 5000(7),120(6),120(G),80,25,15,40,35,25 5,30,50 10) RC,Any permitted use,40 000(7),100,100(5),120,35,15,40,35,3,25,50 10) RB,Any permitted use,55 000(7),125,125(5),140,40,20,40,35,25,20,50 10) RA,Any permitted use,""55,000 (9)"",150,150(5),180,40,20,50,35,2 5,20,50 CBU,Any permitted use,2 500,20,20,75,0,0,10,40,3,90,0 GB,Any permitted use,10 000 (7),50,50,75,15,5,30,40,3,70,10 NB,Any permitted use,10 000 (7),50,50,75,15,5,30,30,2 5,50,20 HB,Hotel and Molel,20 000 + 3 000 per unit (7),80,80,100,20,15,40,40,4,40,30 ,Any permitted use,20 000 (7),80,80,100,20,15,40,85(8),6(8),40,30 I Amended,Any permitted use by action of Town Meeting April 30,80 000 (7) 1979 Article 27,125,150,125,25,20,40,40,4,50,25(3) R M Previous amendment voted June 17 1981 Article 16 (7) Amended by action of Special Town Meeting November 12 1996 Article 6 (8) Amended by action of Special lown Meeting on May 5 1997 Article #9 ID 29 (6) Amended by action of Annual Town Meeting April 24 1989, Article 42 fronting streets or public access ways shall be reserved for commercial uses except as specified below. b) Dwelling units shall be allowed on ground floors of buildings only where: the building is set behind another building which has commercial uses on the ground floor; or the residential portion of the first floor of a building is set behind street-front retail/office/restaurant uses within the same building; or, in other cases where the SPGA feels that street-front residential uses will not have an adverse impact on the continuity of the commercial street front uses. c) Ground floor commercial uses within the SCMUOD Area B are to be limited to professional offices. [5.0] Standards and Criteria [5.1] General Criteria In addition to the specific criteria contained within this section, the SPGA shall consider the following criteria, where relevant before issuing a special permit for development within the SCMUOD: a. Adequacy of the site in terms of the size of the proposed use(s); b. Adequacy of the provision of open space, its accessibility to the general public, and / or its association with adjacent or proximate open space areas; c. Suitability of the site for the proposed uses(s); d. Impact on traffic and pedestrian flow and safety; e. Adequacy of pedestrian access to buildings and between public spaces; f. Impact on the visual character of the Center business area and surrounding neighborhood; g. Adequacy of utilities, including sewage disposal, water supply and storm water drainage; h. Impact of the proposal on the existing mix of structures and businesses in the Town Center; and i. The alignment of future road(s) that may be developed in the Town Center. The SPGA may disapprove a proposal that results in the loss of architecturally or historically significant buildings or groups of buildings (for example, converted residentia STOUGHTON CENTER MIXED USE OVERLAY DISTRICT ZONING BY-LAW [1.0] Purpose and Intent a) There is hereby established a Stoughton Center Mixed Use Overlay District (SCMUOD) zoning by-law and overlay zoning district by-law map. The benefits of the SCMUOD Zoning By-law shall accrue only to those parcels located within the boundary of the SCMUOD. b) The SCMUOD is intended to apply only to the Town Center portions of the Central Business District (CBD), General Business (GB) district, Industrial (I) district, and Residential Urban (RU) district as shown on the attached overlay zoning district by-law map. c)The SCMUOD is established for the accomplishment of the following purposes: maintain the cultural and architectural integrity of the Center; promoting a range and balance of residential and commercial uses in the Center; promoting efficient use of land within the Town; facilitating integrated physical design and synergies between activities; facilitating an increase in the variety of housing stock available in the Center; enhancing vitality in the Center during both day- and night-time; promoting a pedestrian-friendly living and working environment that encourages transit use and bicycling; facilitating economic development of the Center while remaining consistent with the established Design Guidelines and sensitive to environmental impacts; encouraging building reuse and appropriate infill development; promoting innovative and sustainable building and site design. [2.0] Scope of Authority a) The SCMUOD shall not restrict the owner's rights relative to the underlying zoning districts. However, if the owner elects to use the SCMUOD for development purposes, the development shall conform to the requirements of the Stoughton Center Mixed Use Overlay District by-law. b) Where provisions of this SCMUOD by-law refer to the provisions in the underlying zoning bylaws and there is a conflict to the requirements of the Stoughton Center Mixed Use Overlay District by-law. b) Where provisions of this SCMUOD by-law refer to the provisions in the underlying zoning bylaws and there is a conflict between these provisions, the provisions of this SCMUOD by-law shall prevail. [2.1] Definitions For all purposes pursuant to this by-law, all terms and words used shall have the meanings as defined by the current Stoughton zoning by-law and shall also include the following: ARTIST STUDIO/RESIDENCE : A place of work and residence of one or more persons who are engaged actively, and either gainfully employed or as a vocation, in commercial graphic arts; fine arts, including but not limited to painting, printmaking, sculpting, or ceramics; art and document restoration; the performing and visual arts, including but not limited dance, choreography, photography or filmmaking or the composition of music. This definition does not include any use included in the Adult Entertainment Establishment in the Stoughton zoning by-laws, as amended. MIXED USE DEVELOPMENT : A combination of residential and non-residential uses, as permitted within the SCMUOD, arranged vertically (in multiple stories of buildings), or horizontally (adjacent to one another in one or more buildings) within a lot. [2.2] District Areas a) The SCMUOD shall be divided into two distinct areas: SCMUOD Area A and SCMUOD Area B, as shown on the SCMUOD map. b) Unless specified otherwise in this by-law, all use, dimensional and design requirements for developments in SCMUOD Area B shall be the same as those within SCMUOD Area A, as amended. c) SCMUOD Area B displays a particular physical character that warrants a slightly different planning approach to the remainder of the SCMUOD. The goal of creating Area B is to preserve the physical character of the Area while allowing architecturally appropriate additions and re-use of buildings Are apartments above commercial (mixed use) allowed in any district? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, A combination of residential and non-residential uses are permitted within the SCMUOD, arranged vertically (in multiple stories of buildings) or horizontally. In the Stoughton Center Mixed Use Overlay District, ground floor occupancy is reserved for commercial uses. Thus, we can infer that apartments above commercial are allowed, as commercial above residential is not in a mixed use district. " "[INST] Context: strial Districts, Limited Industrial Districts, and Industrial Park Districts, auxiliary outside storage or use shall be permitted provided that such outside storage or use shall not exceed in ground area a space equal to the number of square feet occupied by the building. Outside parking areas may be allowed at the sides of a building provided they are adequately screened and set back from the front of the building. [See section 3530, Landscaping Requirements for Property Lines] 2248. In Limited Industrial Districts and Industrial Park Districts, the regular parking of commercial motor vehicles within 1,000 feet of a residential district except wholly within a completely enclosed building is prohibited. 2249. In Research Districts only, such non-nuisance research, development or engineering work as must necessarily, or may more conveniently, be conducted outside. 2300. ACCESSORY USES AND STRUCTURES. 2310. Accessory Uses. Any use permitted as a principal use is also permitted as an accessory use provided such use is customarily incidental to the main or principal building or use of the land. Any use authorized as a principal use by special permit may also be authorized as an accessory use by special permit provided such use is customarily incidental to the main or principal building or use of the land. Any use not allowed in the district as a principal use is also prohibited as an accessory use. Accessory uses are permitted only in accordance with lawfully existing principal uses. In all instances where site plan review and approval is required for a principal use, the addition of any new accessory use to the principal use, where such addition exceeds the thresholds established in Section 6300, shall also require site plan review and approval. 2311. Family Day Care and Adult Day Care. Family Day Care is a permitted accessory use. Adult Day Care may be permitted as a principal or an accessory use upon the issuance of a special permit by the Board of Appeals. Providers shall comply with all applicable federal, state, and local laws. 2312. Boarders in Single-family Dwelling. The renting of rooms and/or furnishing of Dimensional Regulations. 2330. Home Business - As of Right. A registered home business may be allowed as of right in all residential zoning districts, provided that it: 2331. is conducted solely within a dwelling and solely by the person(s) occupying the dwelling as a primary residence; 2332. is clearly incidental and secondary to the use of the premises for residential purposes; 2333. does not produce offensive noise, vibration, smoke, dust, odors, heat, lighting, electrical interference, radioactive emission or environmental pollution; 2334. does not utilize exterior storage of material or equipment (including the parking of commercial vehicles); 2335. does not exhibit any exterior indication of its presence or any variation from residential appearance; 2336. does not produce more than one customer round trip per day to the occupation site; 2337. is registered with the Zoning Enforcement Agent. 2340. Home Business - By Special Permit. A registered home business may be allowed in all residential zoning districts by special permit issued by the Board of Appeals, provided that it: 2341. fully complies with Sections 2332, 2333 and 2334 above. 2342. is conducted within a dwelling, or within a building accessory to a dwelling, solely by the person(s) occupying the dwelling as a primary residence and, in addition to the residents of the premises, by not more than one additional employee; 2343. does not exhibit any exterior indication of its presence, or any variation from residential appearance, except for a sign or name plate compliant with Section 3200; 2344. a special permit for such use is granted by the Board of Appeals, subject to conditions including, but not limited to, restriction of hours of operation, maximum floor area, off-street parking, and maximum number of daily customer vehicle trips. 2400. NON-CONFORMING USES AND STRUCTURES. 2410. Applicability. This Zoning Bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which cability. The Planning Board, acting as Special Permit Granting Authority, may grant a Special Permit for construction of an Incentive Senior Development and accessory structures, in the following zoning districts: Single Residence ""A"", Single Residence ""C"", Limited Business, Village Business and Research District. 5430. Standards. The following standards shall apply to all Incentive Senior Developments: 5431. Tract Qualification. At the time of granting a special permit by the Planning Board, the property under consideration for an Incentive Senior Development shall be located on a contiguous parcel, not separated by a public or private way, with definite boundaries ascertainable from a recorded deed or recorded plan, having an area of at least 10 acres. For parcels greater than 20 acres, parcels may be separated by a private or public way. 5432. Age Qualification. An Incentive Senior Development shall constitute housing intended for persons of age fifty-five (55) or over within the meaning of M.G.L. c151B, §4, §6 and 42 USC §3607(b)(2)(c), and in accordance with the same, one hundred percent (100%) of the dwelling units in an Incentive Senior Development shall each be owned and occupied by at least one person fifty-five (55) years of age or older per dwelling unit, and such development shall be operated and maintained in all other respects in compliance with the requirements of said statutes and regulations promulgated pursuant thereto. In the event of the death of the qualifying owner/ occupant(s) of a unit, or foreclosure or other involuntary transfer of a unit in such a development, a two-year exemption shall be allowed for the transfer of the unit to another eligible household. 5433. Applicant Qualifications. The applicant for a Special Permit under the provisions of this section shall be the owner of the tract proposed for such Development or be authorized in writing by the owner to apply for and be issued such Special Permit, and shall establish to the satisfaction of the Planning Board that the applicant has knowledge, experience and financial resources su ARTICLE 5000. ALTERNATIVE RESIDENTIAL REGULATIONS. 5100. CLUSTER DEVELOPMENT. 5110. Purpose. The purpose of Cluster Development is to maintain land use density limitations while encouraging the preservation of common land for conservation, agriculture, open space, and recreational use; to preserve historical or archeological resources; to protect existing or potential municipal water supplies; to protect the value of real property; to promote more suitable siting of buildings and better overall site planning; to promote better utilization of land in harmony with neighboring parcels, with its natural features and with the general intent of the zoning bylaw through a greater flexibility in design; and to allow more efficient provision of municipal services. 5120. Applicability. The Planning Board may grant a Special Permit for a Cluster Development in Single Residence ""A"", Single Residence ""C"" and the Wayside Inn Historic Preservation Residential Zone Districts for single family detached dwellings and accessory structures, subject to the provisions of this Section 5100. 5130. Standards. The following standards shall apply to all Cluster Developments: 5131. Minimum Tract Size. Cluster Developments shall be located upon a single tract, in common ownership with definite boundaries ascertainable from recorded deed or recorded plan, having an area of at least 10 acres and undivided by land of separate ownership or by a private or public right-of-way. 5132. Number of Building Lots Permitted. The total number of building lots in a cluster development shall be no greater than the number of building lots that would otherwise be allowed in the district in which the land is located. For purposes of this section, ""building lot"" shall mean any lot found by the Planning Board, Board of Health and Conservation Commission, at the time of application, assuming compliance with the Zoning Bylaw, to be suitable for the construction thereon of residential dwelling units under the rules and regulations of the Town of Sudbury and t and Research Districts may erect a sign or signs subject to the following: 3261. Exterior Wall Signs. a) First Floor Businesses. Except as may otherwise be provided, one primary and two secondary exterior wall mounted, projecting or roof signs shall be permitted for each first floor business, not including directional signs, on the building in which the business is located. The total allowed sign face area of all exterior signs is calculated by taking 100% of the primary building frontage plus 40% of each secondary building frontage, up to a maximum of three total building frontages. The total size of the business signage is shown in Chart A. The primary sign shall represent no more than 75% of the total allowed sign face area. Secondary signage must be affixed to that portion of a building which is occupied by the business affixing such sign. If the sign is a series of awning valances it is considered one secondary sign. The square footage allowance is for direct-illuminated signs. Those primary or secondary signs which are self-illuminated silhouette or face-lit channel letters shall have their square footage allowance reduced by one-third (1/3). CHART A Building Frontage (In linear feet),Maximum Area of Total Sign Face (In square feet) 0.1 to 19.9,30 20 to 39.9,33 40 to 59.9,36 60 to 79.9,39 80 to 99.9,42 100 to 119.9,45 120 to 139.9,48 140 to 159.9,51 160 to 179.9,54 180 to 199.9,57 200 to 219.9,60 220 to 239.9,63 240 and above,65 b) Second Floor Businesses. One primary exterior wall mounted sign shall be permitted for each second floor business, not to exceed ten (10) square feet. No such sign shall obscure windows or other architectural elements on a building. 3262. Projecting signs. A projecting sign may be erected in lieu of an exterior sign only when such exterior sign is permitted under Section 3261, providing it does not exceed sixteen (16) square feet per side. The projecting sign shall not extend beyond the top of the roof or ridge line of the building. 3263. Directory Sign/General Directory Sign: One directory wall sign on whic Are apartments above commercial (mixed use) allowed in any district? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know, Mixed use developments (and specifically apartments above commercial) are not addressed in the provided excerpt. That doesn't mean that they are not discussed elsewhere in the by-law, so my answer is ""I don't know."" " "[INST] Context: § 145-27 Downtown Commercial District (DCD). A. Purpose. The Downtown Commercial District is designed to accommodate a wide variety of commercial activities (particularly those that are, or could be, pedestrian oriented) that will result in a concentrated and attractive use of Townsend's limited central business district, while preserving and enhancing many of the existing structures within the downtown area. New structures and additions shall retain the New England village architectural character of the abutting historic district. B. DCD permitted uses: (1) All municipal purposes, including the administration of government, fire, and police stations. (2) Educational and religious uses. (3) Detached single (one) family dwellings. (4) Retail sale and rental of goods, merchandise and equipment. (5) Office, clerical, professional, research, and services not primarily related to goods or merchandise. [Amended 12-16-2003 STM by Art. 1] (6) Restaurants, or other places serving food or beverage. (7) Self-service storage facilities consisting of a building or buildings providing individual small self-contained units or an enclosed area leased or owned for the storage of business and household goods and equipment, and which is operated as a commercially managed business. [Added 5-1-2007 ATM by Art. 25] (8) Such accessory uses as are customarily incidental to any of the above uses. C. DCD uses allowed by special permit from the Board of Appeals (see Article XI): (1) Bed and breakfast. (2) One to six dwelling units within a structure existing on the lot or for which a building permit has been issued as of January 1989, provided sufficient off-street parking is available on site. (3) Mixed use (residential/commercial). (4) Sales facility for boats, camper-trailers, farm equipment or construction equipment. [Amended 5-7-2002 STM by Art. 18] D. Special provisions for parking in Downtown Commercial District. Within the Downtown Commercial District, the Planning Board may, through the site plan review special permit process (§145-42), waive strict compliance with the parki 1989, provided sufficient off-street parking is available on site. (2) Mixed use (residential and commercial). D. Special provisions for parking in Neighborhood Commercial District. Within"" the Neighborhood Commercial District, the Planning Board may, through the site plan review special permit process (145-42), waive strict compliance with the parking requirements (Article VIII and 145-42) and setback of parking requirements ( 145-32) of the Zoning Bylaw if the Planning Board determines the proposed use will be able to utilize existing on- or off-street parking or will not generate sufficient parking needs to create a hazard or nuisance. §145-29. Outlying Commercial District (OCD). A. Purpose. The Outlying Commercial District is designed to accommodate the widest range of permitted commercial activities. B. OCD permitted uses: (1) All municipal purposes, including the administration of government, fire, and police stations. (2) Educational and religious uses. (3) Sale and rental of goods, merchandise and equipment. (4) Restaurants or other places serving food or beverage. (5) Office, clerical, professional, research, and services not primarily related to goods or merchandise. (6) Detached single (one) family dwellings. (7) Such accessory uses as are customarily incidental to any of the above uses. (8) Hotel/motel in operation prior to January 1, 1970, provided the requirements of 145-35, 145-4? and 145-65 are met. [Added 4-29-1991 ATM by Art. 41] C. OCD uses allowed by special permit from the Board of Appeals (see Article XI): (1) Athletic and recreational facilities excluding motorized vehicular sports - and recreational facilities. (2) Commercial entertainment/amusement facilities. (3) Motor vehicle service stations, motor vehicle sales, and motor vehicle repair shops, whether ancillary to sales or not. (4) Storage and parking of goods and equipment. (5) Hotel/motel. (6) Sales facility for boats, camper-trailers, farm equipment or construction equipment. [Amended 5-7-2002 STM by Art. 18] §145-30. Industrial District (ID) ARTICLE IX Special Provisions §145-34. Additional requirements. §145-35. Motels. A. The density of motel units per acre shall be no more than five. [Amended 5-18-1987 STM by Art. 22] B. On each lot used for motel purposes there shall be provided front yard 60 feet in depth, rear and side yards each not less than 50 feet in depth. C. A space not less than 20 feet shall be maintained open with grass, bushes, flowers or trees all along each side lot, rear lot and front lot, except for entrance and exit driveways, and such open space shall not be built on, nor paved nor used for parking. D. No space within the required front yard depth shall be used for parking except as a temporary nature such as for registering. No parking spaces are allowed in required yard depths and all parking shall be at the side, rear or under the building for which it is intended. E. Each motel site shall be provided with not more than two motor- vehicle driveways for each abutting street which shall intersect the abutting street or streets at 90. F. Each rental unit shall contain not less than 250 square feet of habitable floor area. G. Subject to Board of Appeals, uses such as but not limited to restaurants, convention facilities, health clubs, retail shops, beauty and barber shops are permitted within motels containing 100 or more units. H. Hotels/motels in operation prior to January 1, 1970 have the capability to expand to a maximum density of 10 units per acre with or without individual kitchens. [Added 4-29-1991 ATM by Art. 41] §145-36. Accessory apartments in residential district. A. Purpose. Recognizing the need to provide alternative affordable housing for family members, the following regulations are established for accessory apartments in a residential district. It is expressly understood that this section does not provide for ""two-family"" or ""duplex"" type housing. [Added 12-4-1990 STM by Art. 9] B. An owner or owners of a single-family dwelling in an RA or RB District may apply to the Board of A and equipment. (5) Hotel/motel. (6) Sales facility for boats, camper-trailers, farm equipment or construction equipment. [Amended 5-7-2002 STM by Art. 18] §145-30. Industrial District (ID). A. Purpose. The Industrial District is designed to accommodate commercial and industrial enterprises engaged in the manufacturing, processing, creating, repairing and storage of goods, merchandise and equipment; and adult use establishments (as defined in 145-53). [Amended 9-9-1997 STM by Art. 9] B. ID permitted uses: (1) All municipal purposes, including the administration of government, fire, and police stations. (2) Sale and rental of goods, merchandise, and equipment. (3) Office, clerical, professional, research, and services not primarily related to goods or merchandise, not greater than 10,000 square feet of gross floor area per establishment. (4) Motor vehicle service stations, motor vehicle sales and motor vehicle repair shops, whether ancillary to sales or not. (5) Converting, fabricating, manufacturing, altering,. finishing, or assembling, not greater than 25,000 square feet of gross floor area per establishment. (6) Warehousing storage, and parking of goods and equipment. (7) Sales facility for boats, camper-trailers, farm equipment or construction equipment. [Amended 5-7-2002 STM by Art. 18] (8) Such accessory uses as are customarily incidental to any of the above uses. C. ID uses allowed by special permit from the Board of Appeals (see Article XI): (1) Office, clerical, professional, research, and services not primarily related to goods or merchandise occupying more than 10,000 square feet of gross floor area per establishment. (2) Converting, fabricating, manufacturing, altering, finishing, or assembling occupying more than 25,000 square feet of gross floor area of a building for any one or combination of such uses. (3) Golf course, but not including a miniature golf course. D. ID uses allowed by special permit from the Planning Board (see Article XI): (1) Adult use establishments (as defined in 145-53). [Added 9-9-1997 STM by Art. 10] s section does not provide for ""two-family"" or ""duplex"" type housing. [Added 12-4-1990 STM by Art. 9] B. An owner or owners of a single-family dwelling in an RA or RB District may apply to the Board of Appeals for a special permit for the construction and occupancy of an accessory dwelling unit, hereinafter ""accessory apartment"" .in such single-family dwelling. In no case shall there be more than one accessory apartment in any single-family dwelling. C. In accordance with the provisions of Article XI of this bylaw, and after due consideration of the report and recommendation of the Board of Health (see Subsection C), the Board of Appeals may grant a special permit provided that: [Amended 12-4-1990 STM by Arts. 10 and 11; 4-27-1991 STM by Art. 7] (1) The accessory apartment is accessory to the principal residence, the floor area of the apartment shall not exceed 35% of the floor area of the principal residence and the apartment combined, and either the apartment or the principal residence is occupied by the owner of the lot on which the apartment is to be located, except for bona fide temporary absences. (2) Adequate provision has been made for the disposal of sewage, waste and drainage of such accessory apartment in accordance with the requirements of the Board of Health. (3) Adequate provision has been made for ingress and egress to the outside from such accessory-apartment. (4) The construction and occupancy of the accessory apartment will not be detrimental to the neighborhood in which the lot is located. (5) The lot on which the accessory apartment and principal residence are located contains at least one acre. (6) Adequate provision has been made for off-street parking of motor vehicles in such a fashion as is consistent with the character of a single-family residence. (7) There is no other apartment on the lot on which the accessory apartment is to be located. D. In order to ensure compliance with Subsection B(2) above, the applicant shall obtain and submit to the Board Are apartments above commercial (mixed use) allowed in any district? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Mixed use developments are permitted in the Downtown Commercial District. Apartments above commercial are not specifically permitted, but they are the most common way of creating a mixed use development, which leads me to conclude that because they are not specifically excluded, that they are permitted in mixed use developments in Townsend. " "[INST] Context: in the Table of Use Regulations, provided that there is compliance with all provisions of this section. 7.6.3 Use Limitations. Such additional family living unit shall be limited to a maximum of four (4) persons, so conditioned, provided, further, that the owner of record is an occupier of the structure which includes the accessory family dwelling unit. No boarders or lodgers shall be allowed in either dwelling unit. There shall be no other living unit on the lot which such accessory unit is to be located. 7.6.4 Disposal of Sewage. Adequate provision shall be made for the disposal of sewage, waste and drainage generated by the occupancy of such accessory unit in accordance with the requirements of the Board of Health. Such determination shall be made prior to the application for a special permit and included with such application. 7.6.5 Ingress; Egress; and Access. Adequate provision, as determined by the Building Inspector, shall be provided for ingress and egress to the outside of each unit separately. To the extent possible, exterior passageways and accessways shall not detract from the single-family appearance of the dwelling. An interior doorway shall be provided between each living unit as a means of access for purposes of supervision and emergency response. All stairways to additional stories shall be enclosed within the exterior walls of the structure. 7.6.6 Required Finding. The Zoning Board of Appeals shall determine that such conversion, new construction and occupancy of each unit shall meet the requirements of this section. 7.6.7 Area Limitation. Such accessory unit shall be limited to a maximum of twenty-five percent (25%) in floor area of the principal residence or eight hundred (800) square feet, whichever is greater, exclusive of any garage, shed or similar structure or other accessory use attached to the dwelling. 7.6.8 Plans. Floor plans of the accessory unit and principal residence, with a certified site plan showing the dwelling on the lot and its relationship to t ate income under programs regulated and financially assisted by agencies of the government of the United States or of the Commonwealth of Massachusetts under programs for that purpose. The special permit shall impose appropriate safeguards to ensure continued use of forty percent (40%) or more of the family units for subsidized housing. No special permit shall be issued prior to receipt of such advisory, unless forty-five (45) days have elapsed from the date of submission of the request by the Zoning Board of Appeals. Failure to advise within the time limit shall be deemed a favorable recommendation. 7.5.10 Phasing. Upon authorization of multifamily use by the Zoning Board of Appeals, the Planning Board shall establish an annual limit for the number of dwelling units to be authorized, taking into consideration the town-wide building rate experienced over the previous two (2) years and anticipated over the next half dozen years, the needs which the housing will serve, the ability of the town to provide services in a timely manner and the housing cost and feasibility consequences of the limitation. 7.6 ACCESSORY FAMILY DWELLING UNIT 7.6.1 Purpose. The intent and the purpose of this section is to permit accessory dwelling units in single-family residential districts subject to the standards and procedures here and after set forth. It is also the intent to assure that the single-family character of the neighborhood will be maintained and that the accessory unit remains subordinate to the principal living quarters. 7.6.2 Special Permit. A special permit may be granted for the conversion of, by attachment via common wall or containment within, an existing single-family dwelling only or new construction of the same only to accommodate an additional family living unit in districts where allowed in the Table of Use Regulations, provided that there is compliance with all provisions of this section. 7.6.3 Use Limitations. Such additional family living unit shall be limited to a maximum of four (4) pe use unless approved by the Planning Board. 3. Capacity of any restaurant/snack bar shall not exceed sixty (60) seats unless approved by the Planning Board. 4. Ancillary uses located within a residential structure shall have no exterior advertising display except for signs approved by the Planning Board, with advice from the Inspector of Buildings. 5. No on-site public retail or professional services shall be permitted as primary or ancillary uses within a RA or RB zoning district. 7.4.7 Decision. The Planning Board may impose additional conditions not inconsistent with this or other sections of the Zoning By-Law. 7.5 MULTIFAMILY DWELLINGS 7.5.1 Administration. The Board of Appeals may grant a special permit for the construction and occupancy of multifamily dwellings on any parcel in excess of five (5) contiguous acres in the RM District subject to the following regulations and conditions. 7.5.2 Application. Applicants shall submit to the Board of Appeals five (5) copies of the following: 1. An application. 2. A site plan prepared by a registered architect, landscape architect and civil engineer, showing existing and proposed topography, proposed structures, drives, parking, landscaping and screening, utilities, drainage and reserved open space, if any. 3. A ground floor plan, sections and elevations of all proposed buildings. 4. Materials indicating the proposed number of dwelling units, distinguishing units by number of bedrooms and any special occupancies (elderly or handicapped); form of tenure and subsidies anticipated; rent or sales prices, including any commitments for price ceilings; methods of water supply and sewerage disposal; time schedule for construction of units and improvements; service improvements proposed at the developer's and those anticipated at the town's expense; and means, if any, of providing for design control. 7.5.3 Impact Statement. An analysis of the consequences of the proposed development, shall be submitted, evaluating the following imp SECTION 3.0. USE REGULATIONS 3.1 PRINCIPAL USES. Except as provided by law or in this By-law in each district, no building or structure shall be constructed, used or occupied, nor shall land be used or occupied, except for the purposes permitted as set forth in the accompanying Table of Use Regulations. [Amended 11-16-2009 STM, Art. 14; 5-5-2010 ATM, Art. 23; 5-5-2010 ATM, Art. 24; 5-5-2010 ATM, Art. 25] 3.1.1 By Right. A use listed in the Table of Use Regulations is permitted as of right in any district under which it is denoted by the letter ""Y"" subject to such restrictions as may be specified elsewhere in this Bylaw. 3.1.2 Special Permit; Board of Appeals. A use designated in the Table by the letters ""BA"" may be permitted as a special permit only if the Board of Appeals so determines and grants a special permit therefor as provided in Section 9.4 of this Bylaw subject to such restrictions as are set forth elsewhere in this Bylaw, and such restrictions as said Board may establish. 3.1.3 Special Permit: Planning Board. A use designated in the Table by the letters ""PB"" may be permitted as a special permit only if the Planning Board so determines and grants a special permit therefor as provided in Section 9.4 of this Bylaw subject to such restrictions as are set forth elsewhere in this Bylaw, and such restrictions as said Board may establish 3.1.4 Special Permit; Board of Selectmen. A use designated in the Table by the letters ""SB"" may be permitted as a special permit only if the Board of Selectmen so determines and grants a special permit therefor as provided in Section 9.4 of this Bylaw subject to such restrictions as are set forth elsewhere in this Bylaw, and such restrictions as said Board may establish. TABLE OF PRINCIPAL USE REGULATIONS PRINCIPAL USES A. RESIDENTIAL USES,RA,RB,RM,CH,CD,CV,CN,CO,I, Single-family dwelling,,,,,YYYYYYYN, ,,,, Mobile home or trailer,,,,,NNNNNNNNN,,,,, Two-family dwelling,, ,,,NYYBAYBAYNN,,, ,, Conversion of single-family to two- family dwelling, , , ,, NYYBAYBAYNN,, , ,, Conversion of single or two family to dwelling with not more than four units, , , , , NNNNNNBANN, ,, , , Multifamily dwelling,, ,,,NNBANNNNNN,,,,, Lodging or boarding house,, , , , NNNYYYBANN, ,, ,, Assisted living facility,, , , , YYNYYNBANNSee, ,, SECTION 7.0. SPECIAL RESIDENTIAL REGULATIONS 7.1 DWELLING CONVERSION 7.1.1 General. A special permit may be granted for conversion of an existing structure to accommodate additional families in districts where allowed under the Table of Uses, provided that the following are complied with: 1. No extension to the principal structure shall be made or additional exterior entrances created within sight from a street. 2. Lot area shall be not less than the minimum required for a single-family dwelling at that location, plus fifty percent (50%) of the required area for each dwelling unit in excess of one (1). 3. The added dwelling units shall be served by the town sewerage system or by a new on-site disposal system meeting the requirements of Title V of the State Environmental Code. 4. No parking space provided to meet the requirements of Section 5.1 shall be located within a required front yard or block egress from another parking space. 5. Floor area shall equal at least seven hundred (700) square feet per dwelling unit. 7.2 SENIOR RESIDENTIAL COMMUNITY (SRC) 7.2.1 Purpose. The purpose of this section is to: 1. promote alternative housing for a maturing population; 2. provide a type of housing which reduces residents' hardships of property maintenance and which reduces demands on municipal services; and 3. promote flexibility in land use planning in order to improve site layouts, safety, protection of natural attributes and environmental values and utilization of land in harmony with neighboring properties. 7.2.2 Administration. The Planning Board may grant approval for the construction and occupancy of a senior residential community, supplemented by appropriate amenities as agreed to by the owner, of a parcel of land in excess of five (5) contiguous acres located in a Residential District, subject to the following regulations and conditions. 7.2.3 Age Restriction. Any application for a SRC shall indicate, and ensuing use shall sustain, compliance with G.L. c. 151B, sectio Is multi-family housing listed as allowed through conversion (of either single family houses or non residential buildings)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Dwelling conversion is permitted in Ashland, as described in section 7.1 DWELLING CONVERSION, which says that ""A special permit may be granted for conversion of an existing structure to accommodate additional families.""" "[INST] Context: SECTION 400. CONVERSION TO APARTMENTS AND CONDOMINIUMS Any building, dwelling, or structure to be converted to apartments or condominiums must have the following minimum square feet of land area: In Zone RA: Two (2) living units: Sixty thousand (60,000) square feet of land area. Three (3) living units: Ninety thousand (90,000) square feet of land area. Four (4) living units: One hundred twenty thousand (120,000) square feet of land area. Each additional unit of living space above four (4) units will require an additional 30,000 square feet of land area. In Zone RB: Two (2) living units: Forty thousand (40,000) square feet of land area. Three (3) living units: Sixty thousand (60,000) square feet of land area. Four (4) living units: Eighty thousand (80,000) square feet of land area. Each additional unit of living space above four (4) units will require an additional 20,000 square feet of land area. In Business Zone: Requirements will be the same as in Zone RB. In Zone RC: Requirements will be the same as in Zone RB. Industrial Zone: No conversions to condominiums or apartments are allowed. These requirements are in addition to any other zoning by-law requirements that are in effect and do not delete from other requirements. All conversions are subject to all state and local building codes and all state statutes. elopment of new or rehabilitation of existing dwelling units for affordable housing occupants; or (b) a housing trust or community development corporation designated by the Town and created under the laws of the Commonwealth of Massachusetts. 952.4. AFFORDABLE HOUSING UNIT . A dwelling unit available at a cost of no more than 30% of gross household income of households at or below 80% of the Lawrence median income as reported by the U.S. Department of Housing and Urban Development, including units listed under G.L. c.40B sect. 20-24 and the Commonwealth's Local Initiative Program. 952.4.1. Rental units shall be made available at an initial rent that is calculated such that a hypothetical household with 1.5 persons per bedroom and with an income of 80% of median income would be paying 30% of gross income on rent and tenant-paid utilities, unless the occupant has a tenant-based subsidy, in which case the rent may be the amount allowed under the subsidy, provided that the occupant is not paying more than 30% of gross income on rent and tenant-paid utilities. 952.4.2. Sales units shall be made available at a sales price that is calculated such that a hypothetical household with 1.5 persons per bedroom and with an income of 80% of area median income would be paying 30% of gross income towards a mortgage, mortgage insurance, condominium fee and property taxes for a standard thirty-year mortgage at 95% of sales price. 952.5. QUALIFIED AFFORDABLE HOUSING UNIT PURCHASER OR TENANT . An individual or family with household incomes that do not exceed 80% of the median income, with adjustments for household size, as determined by regulations promulgated by the United States Department of Housing and Urban Development (HUD) and the Commonwealth's Local Initiative Program, or any successor federal or state program. 952.6. PROJECT : Any residential or other development, including a cluster development, which results in the construction of new dwelling units, including those set forth in paragraph 3, subparagraph a, b, or c herein. Where the project is a life care facility development, as set forth i section has been amended as per an ordinance approved at a town meeting held on 4/30/01. 109.3. New Dwelling Unit Limitation Town Wide: 109.3.1. Building permits shall not be issued authorizing construction of (or conversion to) more than 36 dwelling units town-wide in single-family and two-family dwellings in any fiscal year of the town. 109.3.2. Applications refused because of this limitation shall be held and acted upon in chronological sequence based upon the time of complete application to the Building Inspector's Office. 109.4. Individual Development Phasing: 109.4.1. Building Permits shall not be issued authorizing construction of more than nine (9) dwelling units in single-family or two-family dwellings (exclusive of unused authorizations which have lapsed or have been withdrawn) in any fiscal year of the Town on any set of lots which were created from land which, as of the date of adoption of this Law, was contiguous and in the same ownership (or in different ownership each involving one (1) or more of the same principals). 109.5. Procedures: 109.5.1. No more than nine (9) single-family residential building permits shall be issued to any one applicant in any fiscal year. The procedures for issuing the single-family residential building permits referred to herein shall be as follows: 109.5.1.1. The applicant must complete and file a ""Request to Submit an Application for a Building Permit"" (RSAPB) to the building department. The applicant should submit the RSAPB, only after they have completed a building permit application package for the subject property. 109.5.1.2. The building department will accept RSAPB on a first-come, first-served basis during normal business hours. The department will assign consecutive numbers to RSAPBs as each is received, and will stamp the date of receipt of each request. Applicants may not submit during any fiscal year, RSAPBs, than that number of single-family residential building permits, to which the applicant would be entitled during such year in accordance with this By-law. 109.5.1.3. The building department will elopment, which results in the construction of new dwelling units, including those set forth in paragraph 3, subparagraph a, b, or c herein. Where the project is a life care facility development, as set forth in paragraph 3, subparagraph c., the term ""dwelling unit"" shall be construed to mean ""assisted living unit"". 953. Applicability. This section shall apply to: 953.1. Division of Land. The division of land into four (4) or more lots shall require a special permit from the special permit granting authority (SPGA). A special permit shall be required for land divisions under G.L. c.40A sect. 9 as well as for ""conventional"" or ""grid"" divisions allowed by G.L. c.41 sect. 81-L and sect. 81-U, including those divisions of land that do not require subdivision approval. 953.2. Multiple Units. Any project that results in any net increase of four (4) or more dwelling units, whether by new construction or by the alteration, expansion, reconstruction or change of existing residential or non-residential space, whether on one or more contiguous parcels, shall require a special permit from the SPGA. 953.3. Any life care facility development that includes four (4) or more assisted living units and accompanying services. 953.4. The intentional segmentation of projects designed to avoid the requirements of this bylaw (e.g. subdividing one large tract into two smaller tracts, each of which will contain fewer than 4 units or phasing a development such that each phase will contain fewer than 4 units) is expressly forbidden. Parcels held in common ownership as of the passage of this bylaw cannot later defeat the requirements of this regulation by segmenting the development. 954. Mandatory Provision of Affordable Units: 954.1. The SPGA shall, as a condition of approval of any development referred to in Section 3, require that the applicant for special permit approval comply with the obligation to provide affordable housing pursuant to this bylaw and more fully described in Section 5. 955. Provision of Affordable Units: 955.1. The SPGA shall deny any application for a special permit for development und -C residence single family,""20,000"",100,75 R-C residence two family/duplex,""27,000"",130,75 All other districts,varies,varies,60/50 (3) (1) To qualify under this section, contiguous and buildable land shall not include wetlands, land with a slope in excess of twenty (20) percent; and shall include land for a sanitary absorption system, including reserve area, to be approved by the Board of Health prior to the issuance of a building permit. (2) Measured at the street line from side lot line to side lot line except on a curve where the frontage shall be measured from side lot line to side lot line along the curve. Frontage must provide access to the lot from the right-of-way counted for frontage unless otherwise approved by the Planning Board on a Definitive Plan submitted in accord with Chapter 41, General Laws or approved by the Planning Board in the same manner as a Definitive Plan. (3) Sixty percent if hot serviced with Town water; fifty percent if serviced with Town water. Adopted May 13,1996 304. Street Line. 304.1. In any residential district no building or roadside stand shall be erected or placed within thirty (30) feet of a street line unless it is determined that the line of houses existing at the time this by-law is adopted is less than thirty (30) feet from the street line, and no building of accessory use or farm or poultry farm building other than a dwelling, or roadside stand, or private garage, shall be built within sixty (60) feet of a street line. 305. Side Lot Line. 305.1. In an R-A Residence District no building shall be erected within fifteen (15) feet of a side lot line.) 305.2. In an R-B Residence District no building shall be erected within fifteen (15) feet of a side lot line on a lot with one hundred fifty (150) feet or more frontage. On a lot with less than one hundred fifty (150) feet frontage and in existence at the time this by-law is passed, no building shall be erected within ten (10) feet of a side lot line. 305.3. In an R-C Residence District no building shall be er Is multi-family housing listed as allowed through conversion (of either single family houses or non residential buildings)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Conversions into apartments is permitted in Groveland, as discussed in SECTION 400. CONVERSION TO APARTMENTS AND CONDOMINIUMS. There are restrictions on what properties can be converted, however, depending related to minimum square feet of land area. " "[INST] Context: ly permitted in this by-law or in the general Town by-law is prohibited. V-F ARCHITECTURAL CONTROLS (Amended March 1978 STM, Art. 1) The exterior architectural features of houses placed or erected in a development shall be basically dissimilar. No application to place or erect two or more houses upon contiguous lots shall be approved by the Inspector of Buildings unless the applicant shall have filed with the Inspector of Buildings plans showing the houses. If there is proposed to be built or placed upon such lots more than five houses, there shall be at least three basic designs. If there is proposed to be built or placed upon such lots, two, three, four or five houses, there shall be at least two basic designs. V-G APARTMENT DISTRICT REQUIREMENTS (Amended March 1983 ATM, Art. 26. Previously amended June 1982 STM, Art. 12, March 1978 STM, Art. 1, May 1975 ATM, Art. 17 and March 1974 ATM, Art. 10.) 1. Intent - The following apartment district requirements and procedures for complying therewith are designed to satisfy the needs of the present and future inhabitants of the town for apartment dwelling units while ensuring that such development and uses will not result in abuses detrimental to the health, comfort, safety and welfare of both the residents of the apartment units and the Town as a whole. Except as otherwise specifically provided for in the zoning by-laws, apartment developments in Holliston shall be allowed only according to the terms of a Special Permit and the provisions of this sub-section V-G. However, the provisions of this sub-section shall not apply to Federal and State subsidized housing for the elderly or low income constructed or operated under the supervision of the Holliston Housing Authority. Apartment Districts shall be allowed only by Town Meeting Vote amending the Zoning By-Law by amending the Zoning Map of Holliston. Such Apartment Districts shall be shown on such map by superimposing said districts on the basic AR-l, AR-2, and R-1 districts on which such Apartment Districts are superimposed, thus creating dual Di V-G(A) ACCESSORY FAMILY DWELLING UNIT (Amended May 1995 ATM, Art. 43) 1. The intent and purpose of this section is to permit accessory dwelling units in single family residential districts subject to the standards and procedures hereinafter set forth. It is also the intent to assure that the single-family character of the neighborhood will be maintained and that the accessory unit remain subordinate to the principal use of the living quarters. 2. Restrictions: Such additional family living unit shall be occupied by not more than two persons, and provided the owner of record is a resident within the structure which includes the accessory family dwelling unit. The existing unit shall accommodate an additional family unit only if: a. A member of the additional family is related by first degree of kinship, marriage or adoption to the owner of the premises. b. There is no other living unit on the lot, upon which the accessory unit is located. 3. Adequate provisions shall be made for the proper disposal of sewage, waste and drainage generated by the accessory unit in accordance with the requirements of the Board of Health. Such determination shall be made prior to application for the Conversion and evidence of the same shall be included with such application. 4. Adequate provisions as determined by the Building Inspector as being in compliance with the Massachusetts State Building Code for separate Ingress, Egress, to the outside of each unit. To the extent possible, exterior passage ways and access ways shall not detract from the single family appearance of the dwelling. An interior door way shall be provided between each living unit as a means of access for purposes of supervision and emergency response. All stairways to additional floors shall be enclosed within the exterior walls of the structure. 5. Such accessory dwelling unit shall be limited to a maximum of (600) six hundred square feet in floor area. 6. Floor plans for the accessory unit and the principal residence, along with a certified site plan shall be submitted along with the application. 7. Off-Street Parkin development of affordable housing in compliance with Holliston's Affordable Housing Plan, the Holliston Zoning Bylaw, G.L. c. 40B sec. 20-23 and ongoing programs within the Town to promote a reasonable percentage of housing that is affordable to low and moderate income buyers. It is intended that the affordable housing units that result from this Bylaw will be considered as Local Initiative Program (LIP) dwelling units in compliance with the requirements for the same as specified by the Department of Housing and Community Development and that said units shall count toward the Town's requirements under G. L. c. 40B sec. 20-23. 2. Definitions a. AFFORDABLE HOUSING UNIT . A dwelling unit that qualifies as a local initiative unit under the Commonwealth's Local Initiative Program (760 CMR 45.00) and meets the requirements of a subsidized housing unit for purposes of listing in the subsidized housing inventory under G. L. c. 40B Sec. 20-23. b. QUALIFIED AFFORDABLE HOUSING UNIT PURCHASER . An individual or family with a household income that does not exceed 80% of the Holliston area median income, with adjustments for household size, as reported by the most recent information from the United Department of Housing and Urban Development (HUD) and/or the Massachusetts Department of Housing and Community Development (DHCD). 3. Applicability a. Division of Land. This Bylaw shall apply to the division and/or subdivision of land held in single ownership as of the effective date of this Bylaw, or anytime thereafter, into eight (8) or more lots or the development of eight (8) or more dwelling units on a single lot and shall require a special permit from the Planning Board under the provisions for a Cluster Development (Section V-H) of the Zoning Bylaw unless otherwise exempted below. A Special Permit shall be required for land divisions pursuant to G. L. c. 40A sec. 9 as well as for ""conventional"" or ""grid"" divisions pursuant to G. L.c. 41 sec. 81-L and sec. 81-U, including those divisions of land t ermit approval complies with their obligation to provide affordable housing pursuant to Section 6 of this Bylaw. 5. Bonus for Cluster Development pursuant to Section V-H Subject to Planning Board Discretion - In the Planning Board's sole discretion, the allowable number of dwelling units within a land division, subdivision or development subject to the requirements of Section V-H and Section V-Q may be increased by up to ten percent (10%) beyond the maximum number of dwelling units allowed pursuant to the underlying zoning requirements and as calculated pursuant to Section V-H (g) of the Bylaw but that in no instance shall more than one (1) bonus unit be granted per additional unit of affordable housing provided by the applicant. Where the Planning Board allows an increase in unit density, the Planning Board shall make affirmative findings that the density increase was appropriate in light of the public benefits offered by the applicant and as consistent with G.L. c.40A s.9 and this Bylaw. 6. Provision of Affordable Units - The Planning Board shall deny an application for a special permit for development under Section V-Q if the applicant for special permit approval does not agree to the following requirements: a. At least ten percent (10) of the lots in a division of land, or units in a multiple unit development subject to this Bylaw shall be identified as affordable housing units in any one or combination of methods provided for below. (Fractions of a lot or dwelling unit shall be rounded up to the nearest whole number, such that a development proposing eleven (11) dwelling units shall require two (2) affordable units; a development proposing twenty-one (21) dwelling units shall require three (3) affordable units, and so on). (i) Dwelling units shall be constructed or rehabilitated on the locus subject to the special permit; (ii) Dwelling units shall be constructed or rehabilitated on a locus different than the one subject to the special permit (see Sections 7 and 9, below); (iii) A ntended and designed to be occupied by a single family but not including a trailer or mobile home. (Amended March 1978 STM, Art. 1) SPECIAL PERMIT GRANTING AUTHORITY - The Board of Appeals except as otherwise specifically designated in this by-law for the issuance of Special Permits. (Amended March 1978 STM, Art. 1) STREET - A public way or a way which the Clerk of the Town certifies is maintained and used as a public way or a way constructed in accordance with the subdivision control law and in accordance with subdivision plans approved by the Planning Board under its Rules and Regulations. (Amended May 2000 ATM, Article 33 and May 1995 ATM, Article 42) STRUCTURE - Three (3) dimensional, (i.e. length, width, height) permanent improvements to real estate made with building materials which improvements include, but are not limited to swimming pools, tennis courts, basketball courts and accessory buildings. Driveways, patios, badminton and volleyball court nets (without courts), backboards above garage doors, flagpoles etc. are excluded. (Amended May 1998 ATM, Article 43) TRAILER OR MOBILE HOME - Sometime or regularly transportable unit, by whatever name, which provides temporary or permanent facilities for living, sleeping or business use, whether with or without motor power, whether standing on wheels or other support and whether or not temporarily or permanently resting on its own foundation. TWO-FAMILY DWELLING - A dwelling intended and designed to be occupied by two families living independently in separate dwelling units. (Amended May 2001 ATM, Art. 40) WHOLESALE TRADE - Establishments primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional or professional users; to other wholesalers; or acting as agents and buying merchandise for, or selling merchandise to, such individuals or companies. (Added May 2001 ATM, Art. 40) YARD, FRONT, SIDE, REAR - An unoccupied space open to the sky on the same lot with a building or structure (The drawing illustrates the positions Is multi-family housing listed as allowed through conversion (of either single family houses or non residential buildings)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know, There are no provisions for conversions of either single family houses or non residential buildings into multi-family housing in the provided excerpt, but they are not explicitly forbidden. Therefore, the answer is ""I don't know."" " "[INST] Context: ,NO,NO Conversion of existing dwelling (§ 29-23,NO,SPSA,SPSA,SPSA,NO,NO,NO,NO,NO,NO,NO ""Group home, halfway house. non- educational (§ 29-23 ff)"",NO,NO,SPSA,SPSA,NO,NO,NO,NO,NO,NO,NO Mobile home,NO,NO,NO,NO,NO,NO,NO,NO,NO,NO,NO ""Reconstruction of pre-existing non- conforming residential use, building or structure (§ 29-23 qq)"",NO,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA Rehabilitation of one or two unit structure 4 (§ 29-23 hh),NO,P,P,P,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA Rehabilitation of multi-family structure 4 (§ 29-23 hh),NO,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA ""Residence, single family (Article V as applicable)"",NO,P,P,P,P,P,P,NO,NO,NO,NO Residence. two family (Article V as applicable),NO,NO,P,P,P,P,P,NO,NO,NO,NO Residence. multi-family (§ 29-23 i or § 29-23 cc as applicable),NO,NO,NO,SPSA,PSR,SPSA,SPSA,SPSA,NO,SPSA,SPSA Substantial addition to an existing dwelling (§ 29-23 gg),NO,SPSA,SPSA,SPSA,NO,NO,NO,NO,NO,NO,NO Temporary mobile home (§ 29-23 vv),P,P,P,P,P,P,P,P,P,P,P 1 Exception: Convenience stores are not allowed in these districts except where proposed use is located on a corner lot which abuts upon a major thoroughfare as defined in this ordinance. Such use will require a special permit from the Zoning Board of Appeals subject to site plan review by the Planning Board and the provisions of Section 29-23(e). 2 Includes all types of alcoholic beverages. 3 Excluding residential uses. 4 All rehabilitation requiring site plan approval must also follow the provisions of Section 29-23 hh 1 Exception: Convenience stores are not allowed in these districts except where proposed use is located on a corner lot which abuts upon a major thoroughfare as defined in this ordinance. Such use will require a special permit from the Zoning Board of Appeals subject to site plan review by the Planning Board and the provisions of Section 29-23(e). 2 Includes all types of alcoholic beverages. 3 Excluding residential uses. 4 All rehabilitation requiring site plan approval must also follow the provisions of Section 29-23 hh. Sec. 29-12. Supplemental Use Regulations. (a) Mixed occupancy. In cases of mixed occupancy, the regulations for each use shall apply to the portion of the building, structure or land so used. een subdivided since 1950. (2) The dwelling is not suitable for single or two family residential use due to its size. (3) The density is no greater than two times the density permitted if the land on which the dwelling is located was subdivided. (4) The conversion of the dwelling is in character with the neighborhood and will not unduly change the exterior of the dwelling.v (5) Each dwelling unit meets the parking requirements for a single family dwelling. (6) The changes to the exterior design are compatible with dwellings in the neighborhood and with similar dwellings. (7) Emergency access is interior and not by way of windows or exterior stairways, except that exterior stairways are permitted as required by the building code. (8) The conversion of the dwelling results in the preservation of open spaces and yards. (9) The use is subject to a condition that the property may not be further subdivided, and such condition is incorporated into the decision to be recorded at the registry of deeds or registered at the land court. (c) School, college, library, halfway house or other accessory educational buildings and structures, privately owned. (1) The use complies with the provisions of Section 29-22. (2) The use is compatible with the area in which it is to be located. (3) The use is no closer than three blocks from the same existing use. (d) Museum. (1) At least one means of two-way access/egress, at a width deemed appropriate by the permit granting authority shall be provided, however said permit granting authority may require two means of access/egress. (2) Adequate rubbish disposal facilities are located inside or outside the structure and shall be adequately screened/fenced and secured. (3) Adequate delivery and loading areas are provided. (4) There is an adequate drop-off area provided which will not interfere with either vehicular or pedestrian traffic. (e) Convenience store. (1) At least one means of safe, two-way access/egress, at a width deemed appropriate by th ARTICLE VII SUPPLEMENTAL REGULATIONS FOR PERMITTED AND SPECIAL PERMIT USES Sec. 29-21. In General. These regulations either apply to uses permitted by right but subject to reasonable dimensional regulations or to uses permitted by special permit. The regulations pertaining to special permit uses shall be considered findings which the special permit granting authority must find with reasons therefor prior to issuance of a special permit for such a use. Sec. 29-21 (A). Special Permit Findings. The following findings shall be made by the special permit granting authority, in addition to the specific findings per use as noted in Section 29-23, prior to the issuance of a special permit by said authority: (1) The traffic generated by the use will not be detrimental to the neighborhood. (2) The use will not be detrimental to the area in which it is to be located. (3) The use will not result in any objectionable fumes, noise, chemical spills or hazardous wastes. (4) The hours of operation are compatible with the uses in the neighborhood. Sec.29-22. Regulations for churches, schools, federal, state, (a) The minimum lot size shall be that applicable in the district where the use is located. (b) The setbacks shall be those applicable in the district where the use is located. (c) The minimum frontage shall be that applicable in the district where the use is located. Sec. 29-23. General or specific provisions. (a) Day care facility, adult or child. (1) The petitioner shall provide proof that the facility meets the standards promulgated by the Mass. Office for Children and/or Mass. Department of Health. (2) There is an adequate play area for child day care facilities. (b) Conversion of existing dwelling. (1) The dwelling to be converted and the entire lot upon which it is located existed before 1950, and said lot has not been subdivided since 1950. (2) The dwelling is not suitable for single or two family residential use due to its size. (3) The density is no greater than two times the density permitted if the land o on or structural change to a nonconforming single or two-family residential dwelling, where such alteration, reconstruction, extension or structural change does not increase the nonconforming nature of such dwelling. There shall be an increase in the nonconforming nature of such dwelling when a proposal will cause an alteration, reconstruction, extension, or structural change which creates a new violation of this ordinance, and does not simply continue the existing violation of this ordinance as illustrated below. An alteration, reconstruction, extension, or structural change on an undersized lot shall not constitute an increase in the nonconforming nature of the dwelling as long as all current yards and setback requirements are complied with, except where legally nonconforming. Not Permitted Permitted Current Current Setback Setback Line Line 30' 30' 20' 20' 8' Road Notes: Legend: At the time the building was Existing Building constructed with a duly issued building permit,the front setback was 20'. The current front Proposed Addition setback is 30'. Permitted/Not Permitted (f) Any pre-existing nonconforming use, building, or structure may be changed, extended, or altered by a special permit from the board of appeals upon finding by the board of appeals that such change, extension, or alteration is not substantially more detrimental than the existing nonconforming use, building, or structure to the neighborhood. The board of appeals shall follow the procedure for issuing a special permit set forth under Article VII of this ordinance and may be subject to conditions, safeguards, and limitations on time or use.e (g) Any pre-existing nonconforming residential use, building, or structure may be reconstructed in the R-1, R-1A, R-2, R-2A, R-3, and R-4 zoning district by special permi height. (2) The use complies with all setback requirements for the district in which it is to be located and shall be included in the gross floor area of the lot. (3) The use is not detrimental to the neighborhood in which it is to be located. (4) The use is not injurious to the surrounding area by nature of dust, noise, smoke, odors or traffic from deliveries or patrons of the business. (ee) Sales of new cars, trucks and vehicles. [amended 1/3/95] (1) The sale of used vehicles is limited to those sales accessory to the new vehicle sales, so long as such accessory sale of used vehicles does not take up more than 50% of the developed lot area. (ff) Group home, halfway house, non-educational. (1) The applicant group home is subject to license or approval by an agency of the Commonwealth or the federal government and is engaged in applying for whichever is appropriate. (2) The use is no closer than three blocks to an existing group home or halfway house. (gg) Substantial addition to an existing dwelling. (1) The design of the addition is of the same character as the existing dwelling.o (2) The location of the addition is not out of character with the neighborhood. (3) The addition blends with and is compatible with the neighborhood. (4) Required parking is available. (hh) Rehabilitation. (1) The proposed use is compatible with the property and requires a minimal alteration of the building, structure, or site and its environment, or the proposed use of the property is its original intended use. (2) The distinguishing original qualities or character of the building, structure, or site and its environment are not destroyed; and the removal or alteration of any historic material or distinctive architectural features is avoided. (3) The proposed alteration has a historical basis and does not attempt to create an earlier appearance. (4) The significance of changes which have taken place in the past development of the building, structure, or site and its environment are recognized and respected. (5) Is multi-family housing listed as allowed through conversion (of either single family houses or non residential buildings)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Conversions of existing dwelling are provided for in Lawrence's by-laws, with some restrictions. (2) The dwelling is not suitable for single or two family residential use due to its size. The use is subject to a condition that the property may not be further subdivided, and such condition is incorporated into the decision to be recorded at the registry of deeds or registered at the land court." "[INST] Context: 5.3 CONVERSION OF ONE FAMILY DWELLINGS 5.3.1 OBJECTIVES The conversion of existing single-family detached dwellings into dwellings containing two dwelling units is intended to: 1) encourage an increase in the number of dwelling units which are larger than those permitted as accessory apartments (see 5.2) while smaller than most one-family dwellings in the town, 2) encourage high standards of maintenance for large one family dwellings which might fall into disrepair, and 3) encourage more economic, energy-efficient use of the town's housing supply while maintaining the appearance and character of the town's single family neighborhoods. 5.3.2 CONDITIONS AND REQUIREMENTS In accordance with Section 3.3, and where consistent with the objectives set forth in 5.3.1, the Board of Appeals may grant a special permit for a second dwelling unit in a detached one-family dwelling in an RO or RS district provided that each of the following conditions and requirements is met: a. GENERAL 1. There shall be not more than two dwelling units in the dwelling. 2. There shall be no roomers or boarders within either of the dwelling units. 3. The lot area shall be at least 15,500 square feet in the RS district and 30,000 in the RO district. 4. The gross floor area, excluding areas in the structure used for parking, of the dwelling used for residential purposes shall have been at least 2,500 square feet as of January 1, 1983, which amount shall be verified in the records of the Building/Inspection Department or on a document, ""Total Living Area of Dwellings as of January 1, 1983,"" prepared by the Board of Assessors. 5. The smaller of the dwelling units shall have at least 700 square feet of gross floor area, excluding areas in the structure used for parking. 6. The dwelling shall be connected to public water and sanitary sewer system. b. The dwelling to be converted shall be designed so that the appearance of the structure remains that of a detached one-family dwelling, subject furthe arance of the structure is that of a dwelling characteristic of the zoning district in which it is located, i.e. a detached one-family dwelling, if located in an RO, RS or RT district; a two-family dwelling if located in an RT district; or a multi-family dwelling if located in an RM or RD district, subject further to the following conditions and requirements: 1. Any stairway to a second or third story shall be enclosed within the exterior walls of the dwelling. There shall be no exterior fire escapes. 2. Any enlargement or addition to the dwelling shall maintain the architectural character of a one-family dwelling, or in the RT district, a two-family dwelling. The architectural detailing and the exterior materials shall be those characteristic of a one-family neighborhood. The additional floor space created shall not be counted toward the requirement of minimum net floor area set forth in a.3. above. 3. Any new entrance shall be located on the side or rear of the dwelling. d. OFF-STREET PARKING In order to maintain the appearance of a one-family neighborhood, all parking spaces shall be subject further to the following conditions and requirements: 1. Not more than two outdoor spaces shall be located in the front yard. All other parking spaces shall comply with the standards in section I I for a parking lot (five or more spaces). Additional screening may be required to minimize the visual impact of parking on adjacent properties. 5.4.3 PROCEDURES a. A dwelling located in an RM district may be converted upon the issuance of a building permit. A dwelling located in an RO, RS, RT or RD district may be converted only upon the granting of a special permit by the Board of Appeals. Each application for a building permit or special permit shall be accompanied by: 1. A statement identifying the supportive services to be provided and the service providing organization who will provide them. 2. Floor plans of the dwelling drawn to scale showing the living spaces of the residents and the common f e connected to public water and sanitary sewer system. b. The dwelling to be converted shall be designed so that the appearance of the structure remains that of a detached one-family dwelling, subject further to the following conditions and requirements: 1. All stairways to second and third stories shall be enclosed within the exterior walls of the dwelling. There shall be no exterior fire escapes. 2. An enlargement or addition to the structure is permitted provided the SPGA makes a determination that: a. the architectural character of a detached one-family dwelling is maintained, and b. any enlargement or addition to the structure is minor, is consistent, in general, with the size of nearby one-family detached dwellings and does not increase either: 1) the site coverage of the existing structure by more than 25 percent, or 2) the total gross floor area of the existing structure by more than 40 percent above the total gross floor area of the existing structure as of January 1, 1983. (See subparagraph 5.3.2.a.4. above.) Any increase in the gross floor area constructed since January 1, 1983 shall be included in the calculation of the percentage increases above. The additional floor space created shall not be counted toward the requirement of minimum net floor area as of January 1, 1983, set forth in a.4., above. 3. Any new entrance shall be located on the side or the rear of the dwelling. 4. Where there are two or more existing entrances on the front facade of a dwelling, if modifications are made to any entrance, the result should be that one appears to be the principal entrance and any other entrance appears to be secondary. c. OFF-STREET PARKING In order to maintain the appearance of a single-family neighborhood, all parking spaces on the lot shall be subject further to the following conditions and requirements. 1. Parking spaces shall be located so that each dwelling unit shall have at least one parking space with direct and unimpeded access to the stre subject further to the following conditions and requirements. 1. Parking spaces shall be located so that each dwelling unit shall have at least one parking space with direct and unimpeded access to the street without passing through a parking space designated to serve the other dwelling unit. 2. The provisions of subsection 5.2.2 c 1, 2, 3 and 6. 5.3.3 PROCEDURES Each application for a special permit shall be accompanied by: 1. Floor plans, drawn to scale, of the dwelling showing each of the dwelling units to be created; 2. Where exterior changes are proposed, an elevation, or other visual representation, of the facade to be changed sufficient to show the architectural character of the dwelling; and 3. An off-street parking plan as described in 11.2.1. 5.3.4 EXPANSION OF PRE-EXISTING, NONCONFORMING TWO-FAMILY DWELLING In accordance with Section 3.3, and where consistent with the objectives set forth in 5.3.1, the Board of Appeals may grant a special permit to allow the expansion of a pre-existing, nonconforming two-family dwelling in an RS or an RO district provided the proposed expansion complies with the conditions and requirements set forth in subsection 5.3.2. to the maximum extent practicable. 5.4 CONVERSION OF DWELLING TO CONGREGATE LIVING FACILITY 5.4.1 OBJECTIVES The conversion of an existing dwelling to a congregate living facility is intended to: 1) encourage alternative living arrangements for the town's elderly residents, 2) permit housing arrangements compatible in size and scale with one-family and two-family neighborhoods, and 3) encourage an economic, energy-efficient use of the town's housing supply while maintaining the appearance and character of the town's neighborhoods. 5.4.2 CONDITIONS AND REQUIREMENTS A dwelling may be converted to a congregate living facility provided that each of the following conditions and requirements is met: a. GENERAL 1. In the RO, RS and RT districts, there shall be not more than one converted dwelling on any one lot and g facility provided that each of the following conditions and requirements is met: a. GENERAL 1. In the RO, RS and RT districts, there shall be not more than one converted dwelling on any one lot and there shall be accommodations for not more than 15 residents in the dwelling. The provisions of subsection 9.2.9 relative to equivalent density shall not apply in the RO, RS, and RT districts. A converted dwelling in an RM or RD district shall conform to the standards of that district. 2. The lot area shall be at least 10,000 square feet. 3. The gross floor area, excluding areas in the structure used for parking, prior to the issuance of any building permit, shall be at least 2,000 square feet. 4. The dwelling shall be connected to the public water and sanitary sewer system. 5. No dwelling in an RS, RO, RT or RD district may be converted without the granting of a special permit by the Board of Appeals and no dwelling in an RM district may be converted without the issuance of a building permit by the building commissioner, and no dwelling in any district may be occupied as a congregate living facility without the issuance of a certificate of occupancy by the building commissioner. 6. This section shall not be used to create a long-term care facility, a multi-family dwelling or a rooming house. If the building commissioner has sufficient information to indicate that the converted dwelling is being used for other purposes not allowed in the zoning district or not allowed by the special permit or that sufficient support services are not being provided, the building commissioner shall notify the owner and, if within 90 days, the occupancy is not returned to conformity, the special permit and certificate of occupancy shall be suspended or revoked. b. SERVICES AND FACILITIES FOR RESIDENTS 1. Supportive services, such as nutrition, housekeeping, or social activities and access to other services, such as health care, recreation or transportation shall be provided. At least one meal per day shall b Is multi-family housing listed as allowed through conversion (of either single family houses or non residential buildings)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Conversion of one family dwellings into multifamily housing is permitted in Lexington, as described in section 5.3.1 " "[INST] Context: existing single family or two (2) family dwelling is being rehabilitated, relocated or reconstructed due to any governmental action, accident or ""act of God."" . 2 A certificate of occupancy shall be valid for 180 days and renewable only once after the original 180 days except that such certificate shall be renewable in the Flood Plain District only in conformance with the State Building Code regulations for permanent mobile homes. . 3 The above certificate of occupancy shall only be issued upon submission of an application to build a single or two (2) family dwelling. . 4 Any action the Board of Appeal may take on this special Permit does not prejudice any future appeals on this parcel that may come before them. 300.5 Planned Unit Development hereafter erected, placed, constructed, altered, converted . 1 In addition to those uses permitted in a Residential Office (RO) District, the following uses shall be permitted: . 1 Day Nursery. . 2 Recreation for Gainful Business. . 3 Restaurants, excluding ""Fast Food."" . 4 Convenience Retail Sales. . 5 Convenience Retail Services. . 2 The minimum and maximum dimensional control requirements of this ordinance shall be in full compliance unless specifically changed in this section. . 3 Minimum of fifty (50) dwelling units. . 4 Maximum building coverage of the principal building or buildings of any lot is to be thirty (30) percent of the total lot area, except this maximum coverage may be exceeded by twenty (20) percent for a total combined maximum building coverage of fifty (50) percent providing that the offstreet parking is to be in the basement and/or cellar of the building and the land that would normally be used for offstreet parking would be devoted to usable open space as required in the dimensional controls. . 5 Maximum gross floor area of business services shall be twenty (20) percent of the gross floor area of all buildings containing dwelling units in the developme AND FOUR FAMILY : A building used, or occupied by, three (3) or four (4) dwelling units, but not to include town or row houses. .24 DWELLING, TOWN OR ROW : A single family attached unit with party walls. .25 DWELLING, TWO FAMILY : A building used for, or occupied by, two (2) dwelling units. .26 DWELLING UNIT : One (1) or more rooms providing living facilities for one (1) family including equipment for both cooking and sanitation or provisions for the same within the building in which the dwelling unit is located. .27 EXCAVATION AND GRAVEL OPERATIONS : Buildings and equipment associated with the extraction and processing of stone, sand or gravel and the transportation of said materials. .28 FAMILY : One or more persons related by blood, adoption, or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. A number of persons but not exceeding two (2) living and cooking together as a single housekeeping unit though not related by blood, adoption, or marriage shall be deemed to constitute a family. .29 FAST FOOD SERVICE : Food and drink prepared in advance of ordering by the purchaser or prepared ""quick order"" upon direct instructions to personnel other than a waitress and/or waiter; packaged and/or containerized other than in dishes for convenience and ease of carrying by the customer; and consumed within the structure or upon the associated grounds, in motor vehicles, and/or off premises. .30 FLOODWAY OR REGULATORY FLOODWAY : The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation. .31 FRONTAGE : The continuous and contiguous length of a lot along the street line of a public way, a private way approved and endorsed by the Planning Board and constructed, or a private way certified by the City Clerk and Planning and Engineering Department as used and maintained as a public way. .32 GASOLINE FILLING STATION : A building or part thereof, age facility is in the interest of the common good. 300.26 Residential Incentive Overlay (RIO). A RIO, consistent with the recommendations of .1 The RIO shall permit multi-family residential use by right up to 12 stories and a height of 120 feet from the highest point of the established grade. .2 The RIO shall permit all allowed uses in the underlying Central Business Zone at street level. These uses shall not exceed 650 of the total floor area of any floor(s) at grade/street level. .3 All non-residential uses shall be subject to the same off-street parking requirements as the underlying Central Business Zone. However, residential uses in the RIO shall require 1.5 parking spaces per unit. If such residential property is located within 2000 feet of the property line of a META rapid transit or train station the RIO development shall require 1.25 off-street parking spaces per unit. Parking shall be provided on site or in an off-site facility within 400 feet of any property line of the residential property. In the instance where parking is provided off site, but within 400 feet of the residential property, the Malden Traffic Commission shall certify that said parking is available for use. In no instance shall more than 300 of the required off street parking be permitted in an off-site location. .4 Dimensional Requirements. All allowed uses in the RIO shall be subject to the dimensional requirements contained in Section 400.1 and Section 400.3 (but shall not be subject to the provisions contained in Section 300.20), with the exception of minimum usable open space requirements, which shall be a minimum of 50 square feet per dwelling unit, and density requirement (sf/du) which shall be a minimum of 150 square feet in the RIO. However, the minimum area and frontage requirements, shall apply. .5 Historic Structures. If the RIO is used at a site where a building or buildings have been designated as historic structures by local, state, or federal historic designation statutes, the historic facade or facades of the building or buildings shall be incorporated into the design for the reuse of the building or buildings in question. .6 Building Materials and cilities,""20,000"",100',10',15',30',15',,50%,20%,,50' and 4 stories "",8"",Research & Develop- ment Facilities,""20,000"",100',10',15',30',15',-,50%,20%,-,50' and 4 stories ,Other uses,,,,,,,,,,, "",1"",Parking Facilities Offstreet,""5,000"",45',10',10',20',10',,,No,--,50' and 5 stories .2,Public Service Corporation,""20,000"",100',10',15',30',20',,30%,20%,--,30' and 2 stories *Square Feet per Dwelling Unit **Square a Feet per Child- For the purpose of Day Care Centers, usable open space shall include areas as small as 100 square feet per area with a minimum width in any direction of 10 feet, end may include porches end terraces and paved areas ***Except in the case of slab construction (no caller) on ledge or within the Flood Plain overlay district, in which case maximum height shell be three stories but no mora then 30' + Provided that for subdivisions of three or more, a minimum of 7,000 square feet shell be required ++ Provided that for subdivisions of three or more, a minimum of 12,000 square feet shell be required +++ Provided that for subdivisions of three or more, a minimum of 6,000 square feet shell be required 400.2 Multiple Uses For the purpose of interpreting the intensity regulations with regard to multi-use buildings or lots, the most stringent controls of the uses of the lot shall prevail, except for the following: coverage principal building, coverage accessory building, and maximum height; where the maximum control shall apply. However, lots with gasoline filling and service stations in combination with the retail sale of food shall require a special permit by the Planning Board in conformance with the following controls: . 1 Compliance with the dimensional and parking controls of the multiple uses. . 2 The proposal must not endanger the public health. . 3 The proposal must be in harmony with the surrounding land uses. . 4 The proposal must not, in any way, create a traffic or safety hazard. . 5 There must be adequate protection against the creation and spread of litter and debris. . 6 The proposal must be in the intere .15 COMMUNITY RESIDENCES : A cooperative living facility for physically or mentally handicapped persons who live together for the purpose of learning housekeeping tasks and social services thus facilitating their independent living skills. .16 CONVENIENCE : As applied to retail sales or retail services, a use designed mainly to serve the immediate neighborhood and limited to such uses as barber shop, hairdresser, drug store, variety store, superette (grocery, meats, produce) self-service clothes cleaners, bakery, and other similar uses. .17 DENSITY : Lot area per dwelling unit (expressed in square feet). .18 DEVELOPMENT : Any manmade change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. .19 DRIVE-THRU : A facility where food, goods or services are purchased or obtained from a building or structure on the same lot via a window or similar opening in the building or structure and accessed while in a vehicle. A drive-thru is accessory to the principle use of the building or structure and operated in conjunction with same. .20 DWELLING, SINGLE FAMILY : A detached building used for, or occupied exclusively by, one (1) dwelling unit. .21 DWELLING, GROUP : A building used for, or occupied by, an assemblage of persons associated or related only through a common cause, action, or association and living together as a housekeeping unit in separate rooms, series of rooms, common room, or as a commercial, educational, or institutional unit. Specific examples include convents, rectories, halfway houses, community residences, dormitories, and correctional or remedial facilities. .22 DWELLING, MULTIFAMILY : A building used for, or occupied by, five (5) or more dwelling units. .23 DWELLING, THREE AND FOUR FAMILY : A building used, or occupied by, three (3) or four (4) dwelling units, but not to include town or row houses. .24 DWELLING, TOWN OR ROW : A single family attached unit with party walls. Is multi-family housing listed as allowed through conversion (of either single family houses or non residential buildings)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] No, There are no provisions for conversions of either single family houses or non residential buildings into multi-family housing in the provided excerpt, and they are not explicitly forbidden. However, the provided excerpt robustly describes multifamily housing regulations, and would likely include conversions if conversions were allowed. But it doesn't, so therefore the answer is no. " "[INST] Context: requirements. (1) Multistory developments can include multiple-family dwellings, multistory single family cluster developments, or public housing. (2) The site shall have not more than eight (8) dwelling units/acre. A bonus density of not more than two (2) dwelling units/acre for a total maximum often (10) dwelling units/acre may be granted as a condition of the special permit provided that a minimum of ten (10) percent of the dwelling units provided at the site are assured to be sold or leased on terms affordable to individuals or households with incomes not exceeding those defined as ""moderate income"" by the Massachusetts Executive Office of Communities and Development or comparable governmental agency acceptable to the special permit granting authority. The assurances, referred to in the previous sentence shall be in the form of a covenant or other means acceptable to the special permit granting authority and shall be in full force and effect for a period of not less than ten (10) years from the date of the first sale, lease or transfer of said units. (Ord. of 8-25-88, § 3) (3) The facade of multistoried buildings shall be broken up by architectural detailing such as window protrusions, balconies, overhangs. (4) Buildings shall be sited to allow maximum amount of light to reach individual units. (c) Single-story/single-family development requirements. (1) Single-story developments may include detached site built houses, detached one unit modular homes assembled on site, or one story single-family cluster developments. All must have foundations and be permanently affixed. (2) The site shall have not more than a maximum of four (4) single-story detached dwelling units/acre. A bonus density of not more than one (1) unit per acre for a total maximum of five (5) dwelling units/acre may be granted by the special permit granting authority under the same terms and conditions as specified in 4.4.9(b)(2) of this ordinance. (Ord. of 8-25-88, § 4) (3) Each unit must have a minimum lot size of not less than ten thousand rate-Income has been deleted as per Ordinance No. 04-04. MODULAR HOMES : Homes built in two (2) or more sections in a factory that are brought to a site placed on a permanent foundation and permanently assembled. (Ord. of 10-11-84, § 2) MOTEL : A building intended and designed primarily for transient or overnight occupancy, divided into separate units within the same building, with or without public dining facilities, and characterized by direct access to every unit from an automobile parking space or facility including motor hotels and motor inns. MULTIPLE-FAMILY DWELLING A building designed for or occupied by three (3) or more families, living independently in dwelling units separated by vertical walls or horizontal floors, having separate sleeping, cooking, and sanitary facilities, and with separate or joint services for heat lighting, and other utilities (including apartments, garden apartments, townhouses, cooperatives, condominiums, row-houses and tenement houses): APARTMENT : A dwelling for more than two (2) families under one roof, or for one or more families above a first floor used for nonresidential purposes. GARDEN APARTMENT : A building or group of buildings on a landscaped lot not more than thirty-five (35) feet in height arranged, intended, and designed to be occupied by three (3) or more families per building, each family separated by party walls or floors from the other, with each apartment having individual living, sleeping, kitchen and toilet facilities, with those apartments with the floor below grade having window opening not less than thirty-six (36) inches in height with the bottom of said windows even with or above grade, such building or buildings occupying one lot in single ownership throughout and subject to the conditions and requirements of section 5.3.3 herein. ROW HOUSE : A dwelling for one family in a connected row of three (3) or more dwellings, where one family is not living over another. MUNICIPAL PROPERTIES REUSE DEVELOPMENT (MPRD) : A municipal properties reuse development shall ng for one family in a connected row of three (3) or more dwellings, where one family is not living over another. MUNICIPAL PROPERTIES REUSE DEVELOPMENT (MPRD) : A municipal properties reuse development shall mean the development of municipal properties no longer serving a municipal purpose, as a single entity, in which a mixture of residential, open space, commercial, and light industrial uses, and a variety of building types and designs, are determined to be sufficiently advantageous to render it appropriate to grant a special permit to the extent authorized by this zoning ordinance. (Ord. of 9-16-82, § 1) NATURAL WOODLANDS : A grouping of mature indigenous trees with a minimum density of twenty (20) trees of six (G) inches' diameter or greater per ten thousand (10,000) square feet throughout (Ord. of 5-9-97, § 1) NEIGHBORHOOD BUFFER : A landscaped area sufficient in depth and screening to visually separate one land use from one another. (Ord. of 5-9-97, § 1) NURSING HOME : Any place or institution for the aged, infirm, chronic or convalescent whether conducted for charity or for profit which is established to render domiciliary care, custody, treatment or lodging for three (3) or more unrelated persons who require or receive assistance in ordinary daily activities of life or who are confined to bed or chair. (This term includes boarding and rooming houses for aged people, convalescent homes, rest homes, homes for the aged or infirm and convalescent homes for children, but does not include hospitals, clinics and similar institutions devoted primarily to the diagnosis and treatment of disease, injury, maternity cases or mental illness.) ONE-FAMILY DWELLING : A detached dwelling designed for and occupied by a family excluding mobile homes. (Ord. of 5-10-84, § 4) ORNAMENTAL TREE : A small to medium size deciduous tree, noted for its form, leaf color, texture, flowers, or fruit, used to provide vegetative screening along a driveway, beside a building, or within a landscaped buffer. (Ord. of 5-9-97, § 1) OVERLAY ZONE (d) Exterior changes shall be constructed in a manner that allows for the accommodation of the accessory living area, but also is constructed in a manner that maintains the appearance of the structure as a single-family dwelling. The primary entrance to the family dwelling shall be utilized by the accessory living area, with construction of a secondary access if needed. External reconstruction for the accessory living area must be consistent with the exterior of the larger dwelling. Scaled plans showing conversion or alteration of the single-family residence are required. (e) If an entrance is required for an accessory living area, it shall be located on the side or in the rear of the dwelling. (f) Owner occupied applicant for the accessory living area must certify that sufficient parking exists on the site. All parking is to be accommodated on site, except in the case where the person residing in the accessory living area does not drive or have a motor vehicle. A homeowner may add a maximum of two hundred (200) square feet of parking area within his or her lot. (Ord. of 7-7-94, § 3) (g) Under no circumstances shall the Special Permit be effective until the applicant is the owner of the property containing the Family Accessory Living Area. This provision would apply when the applicant presents a validly, executed purchase and sale agreement with the FALA application, where the applicant is designated as the buyer. **Webmasters Note: The previous subsection has been added as per an update adopted 9/11/03. 4.7.3 Procedure. (a) No accessory living area shall be constructed within a special permit granted by the city council and a building permit issued by the building inspector. (b) A certificate of occupancy shall be issued after the building inspector determines that the accessory living area is in conformity with the approved plans, the provisions of the ordinance, and all applicable codes. (c) Yearly certification from the owner occupied applicant that the family member still resides in the accessory living area is required every year. Once the family member leaves the accessory living area, it must be d e municipal system or by construction of a private system approved by the local and state boards of health. (n) No structure exceeding two (2) stories shall be built (o) The site plan and the architecture shall blend harmoniously with surrounding dwellings and topography, and both shall be subject to approval by the city council after recommendation of the planning board. 4.4.6 Public housing/elderly persons/requirements. (a) There shall be a minimum lot area of twenty-five thousand (25,000) square feet for each public housing site for elderly persons. (b) The minimum area of land required per dwelling unit in each of the zoning districts in which a special permit may be granted shall be seven hundred fifty (750) square feet per bedroom for a building of two (2) stories or less and shall be five hundred (500) square feet per bedroom for a building in excess of two (2) stories. (c) There shall be provided a street frontage, in fee or by perpetual easement, which shall provide sufficient and proper access to and egress from the site for residents and guests and maintenance and emergency vehicles. The minimum width of said access to and egress from the site shall be seventy-five (75) feet. (d) Maximum lot coverage by buildings two (2) stories in height shall not exceed thirty-five (35) percent of the total land area. Maximum lot coverage by buildings in excess of two (2) stories shall not exceed thirty-five (35) percent of the total land area. (e) Not less than twenty-five (25) percent of the land area in a single development of buildings two (2) stories or less in height shall be free from structures, streets, parking areas, driveways, walkways, or other constructed approach or service areas and shall be attractively landscaped and maintained. Not less than thirty (30) percent of the land area in a single development of buildings in excess of two (2) stories shall be free from structures, streets, parking areas, driveways, walkways or other constructed approach or service areas and shall be attractively landscap Is multi-family housing listed as allowed through conversion (of either single family houses or non residential buildings)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] No, Conversions are allowed in in municipal properties reuse developments. A municipal properties reuse development shall mean the development of municipal properties no longer serving a municipal purpose, as a single entity, in which a mixture of residential, open space, commercial, and light industrial uses, and a variety of building types and designs, are determined to be sufficiently advantageous to render it appropriate to grant a special permit to the extent authorized by the zoning ordinance. Multi family is not listed explicitly as a residential use permitted in a municipal properties reuse development, so the answer is ""No."" " "[INST] Context: be allowed for the transfer of the unit to another eligible occupant. C. Density Incentives (1) Basic Senior Village Bonus. A Senior Village's base density is defined as four housing units per gross site acre except where noted above. To qualify as a Senior Village, a proposal shall, at a minimum: (a) set aside five percent (5%) of the total number of dwelling units provided on the site as affordable housing as defined in this Section; and (b) provide a minimum of thirty percent (30%) of the lot area as permanent, protected open space conforming to the open space standards as set forth in this Section. The minimum 30% open space requirements may be waived by the Board if the proposed Senior Village is within the RD General Residential District and includes the rehabilitation or renovation of a certified, historic or architecturally significant structure for use as senior housing. This enhanced base density for Senior Villages may be further increased according to the provisions below pertaining to: additional affordable housing; additional open space dedication; and rehabilitation of existing buildings. (2) Additional Affordable Housing. In addition to the minimum requirement of five percent (5%) on-site affordable housing, a density increase is permitted where proposals provide on-site housing opportunities for low or moderate income senior households. For the purpose of this Section, affordable housing shall be defined as dwelling units that are sold to, and occupied by, households earning up to 80% of the median area household income, as such median is defined by the United States Department of Housing and Urban Development (HUD). Affordable units shall, by deed restriction, remain affordable in perpetuity. The Planning Board will require that the Developer provide legally enforceable assurances, which are acceptable to the Planning Board, that the-affordable dwelling units will continue to be affordable in perpetuity. Affordable units shall be dispersed throughout the Senior Village and shall be externally indistinguishable from the ma viously occupied. Dwelling, Detached Residential Cluster - A dwelling unit having reduced yard, frontage, and area requirements and a provision for open space as conditions of a special permit. (Amended at Annual Town Meeting, 1987.) DWELLING, MOBILE - A movable living unit designed for year round occupancy, sometimes termed a trailer home, whether on wheels or on rigid supports. DWELLING, MULTI-FAMILY - A structure occupied by three or more families living independently of each other. DWELLING, SINGLE-FAMILY - A detached building occupied by a single family and having no party wall, or walls in common with an adjacent structure. DWELLING, TWO-FAMILY - A detached building designed for two families. DWELLING UNIT - A single unit providing complete independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation. (Amended at Annual Town Meeting, 1987.) EARTH REMOVAL - Extraction of sand, gravel, topsoil, or other earth for sale or for use at a site removed from the place of extraction, exclusive of the grading of a lot preparatory to the construction of a building for which a building permit has been issued, or the grading of streets in accordance with an approved Definitive Plan. ERECT - To build, construct, reconstruct, move upon, or conduct any physical development on the premises required for a building. To excavate, fill, drain, and the like preparation for building shall also be considered to erect. ESTABLISHMENTS WHICH DISPLAY LIVE NUDITY - Any establishment which provides live entertainment for its patrons, which include the display of nudity as defined in M.G.L. Chapter 272, Section 31. (Amended by adding 6/7/99 ATM) FAMILY - Any number of individuals living and cooking together on the premises as a single housekeeping unit. FARM - Premises used for gain in the raising of fur-bearing animals. FARM, OTHER STOCK - Premises used for gain in the raising of stock other than poultry, pigs or fur-b es of such club. Does not include golf clubs or sportsmen's clubs elsewhere defined, or clubs or organizations whose chief activity is a service customarily carried on as a business. CLUSTER DEVELOPMENT - An option which permits an applicant to build single family attached and detached units with reduced lot area and frontage requirements, so as to create a development in which the buildings and accessory uses are clustered together into one or more groups with adjacent common open land. (Amended at Annual Town Meeting, 1989.) CONTRACTOR'S YARD - Premises used by a building contractor or subcontractor for storage of equipment and supplies, fabrication of sub-assemblies, and parking of wheeled equipment. COVER - Naturally occurring vegetation: trees, shrubbery, and plant life. DEVELOPMENT - means any manmade change to improve or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. (Amended at Special Town Meeting, October, 1990) DISPOSAL - The deposit, injection, dumping, spilling, leaking, incineration or placing of any hazardous material into or on any land or water so that such hazardous material or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater. (Amended at Annual Town Meeting, 1989.) DWELLING - A building designed or used exclusively as the living quarters for one or more families. DWELLING, ATTACHED RESIDENTIAL CLUSTER - Two (2) or more attached dwelling units, each having individual entrances. (Amended at Annual Town Meeting, 1987.) DWELLING CONVERSION - Change in construction or occupancy of a dwelling to accommodate families in addition to the number by which it was previously occupied. Dwelling, Detached Residential Cluster - A dwelling unit having reduced yard, frontage, and area requirements and a provision for open space as conditions of a special permit. (Amended at Annu one or more groups separated from adjacent property and other groups within the development by intervening open land, unless deemed otherwise by the special permit granting authority. A.residential cluster development shall conform to the following conditions: 1. Contain a minimum tract size of ten (10) acres in the RA, RB and RC Districts, and five (5) acres in the RD District. 2. The number of dwelling units shall conform to the existing density allowed in the corresponding zoning district after subtracting the area which contains wetlands as delineated by Conservation Commission. 3. A minimum of 40% of the total land area of the development shall be dedicated as common open space; no more than 25% of the land required as common open may be wetlands as defined in MGL Ch. 131, Section 40, or waterbodies. 4. There shall be a minimum width of 50 feet of buffer area between attached cluster buildings, and a minimum width of 50 feet of buffer area between attached clusters and the abutting property lines or street. These buffer areas shall provide suitable landscaping to screen and cluster buildings from each other, abutters, and streets year round. C. Required Open Land 1. At least 40% of the tract (exclusive of land set aside for roads and parking-) shall be open land. At least 75% of the open land shall be suitable for passive or active recreations use, and shall not be wetlands or land subject to seasonal flooding. 2. The open land, and such other facilities as may be held in common, shall be conveyed to one of the following, as determined by the Planning Board, subject to the following guidelines. In general, valuable natural resource land, such as wetlands not suitable for any public use or suitable for extensive public recreational use, should be conveyed to the Town or to a trust: whereas land which will be principally used by the residents of the cluster should be conveyed to any of the following: a. To a corporation or trust comprising a home association whose membership includes the owners of Convalescent Homes Tourist Home Commercial Stable and Kennels Band Instrument Instruction Mortuary Establishments 3.7.5 Permitted Activities A.home occupation may include, but is not limited to the following: Art Studio, Dressmaker, Millinery, Handicraft, Musician, Professional Office of a Physician, Surgeon, Dentist, Lawyer, Engineer, Architect, Landscaping Architect, or Clergyman. Hairdresser, Real Estate Office, Broker or Insurance within a dwelling occupied by the same. 3.8 Earth Removal Regulations 3.8.1 General Provisions For the purpose of this By-Law, ""earth"" shall include soil, loam, sand, gravel, stone or any other earth material and ""removal"" shall include the moving of earth from one location to another location within the boundaries of a lot or tract if land as well as the moving of earth off any said lot or tract of land. Except as otherwise provided in this By-Law, no earth shall be moved on or from any parcel of land in any district without a special permit from the Board of Appeals. 3.8.2 Exemptions The removal of earth material in any of the following operations shall be exempt from the provisions of this section. a. The removal of earth material for basement and septic system excavation. b. The removal of earth material, exclusive of basement and septic excavation, necessary to complete a subdivision proposal, provided said removal does not exceed one thousand (1,000) cubic yards. c. The removal of earth material, exclusive of basement and septic system excavation, for a single lot development, provided said material does not exceed three hundred fifty (350) cubic yards. d. Removal of earth material from an operating farm, nursery, golf course, cemetery, or other similar use, to the extent that such removal is necessary for the operation of the same. e. Removal of earth material by or on behalf of any department of the Town for or in connection with the construction and maintenance of public buildings, facilities, street and ways, the construction and installation of public utilities for or in connection with any other public purpose which would not require mining operations by or on behalf of any Department of the Town. 3.8.3 Special Permits Required for Subdivisions Approval of a preliminary or a definitive plan by the Planning Board under the subdivision Is multi-family housing listed as allowed through conversion (of either single family houses or non residential buildings)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Dwelling conversion is permitted in Plainville. A dwelling conversion is defined as a change in construction or occupancy of a dwelling to accommodate families in addition to the number by which it was previously occupied. This means that dwelling conversion to multifamily housing is permitted. " "[INST] Context: TABLE OF USE REGULATIONS Residential Business Industrial R-M Principle Uses R-U R-C R-B R-A CBD GB NB HB ! RESIDENTIAL I One-family detached - - - P P - - P - P dwelling - - P - - S - - 2 Two-family dwelling (Amended by action of Special Town Meeting, November 12,1996, Article #7 ) 3 Multifamily dwelling provided that no more than 10% of the total number of units at any one time be units of - - - - - P - three or more bedrooms - - S 4 Cluster residential development (see - - - - - - - - S S Section XI-D) 5 Planned Unit Development (See Section XI-E) (Deleted by action of Town Meeting, June 10, 1974, Article #3 ) 6 ( Deleted by action of Town Meeting, March I, 1971, Article #40 ) 7 Conversion of existing (as of September 8, 1970) dwelling structure to multifamily dwelling provided the total number of units in the converted dwelling structure shall not exceed four dwelling - - - - P units S S S (Amended by action of Town Meeting, January 17, 1977, Article #17 and March I, 1977, Article #41 and April 24, 1978, Article #53) 8 Planned multifamily develop- ment provided that no more than 10% of the total number of units at any one time be units of three or more - - - - P bedrooms S (Amended by action of Town Meeting, April 24, 1978, Article #53 ) nonresident structures to multifamily structures containing five or more, dwelling units (See Section XI-J),S - - - - - - S ------------------------------------------- +5 Only one of the above corrections may be applied. 9. Emission of odorous gases or odoriferous matter in such quantities as to be offensive shall not be permitted. Any process which may involve the creation and/or emission of any odors shall be provided with a secondary safeguard system. No objectionable odor greater than that caused by 0.001202 per thousand cubic feet of hydrogen sulfide or any ""odor threshold"" as defined in Table III in Chapter 5 of Air Pollution Abatement Manual, copyright 1951, by Manufacturing Chemists Association, Inc., of Washington, D. C., shall be permitted. 10. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as welding shall be permitted. J. Conversion of Nonresidential Structures to Residential. For residential use development within existing nonresidential structures not subject to the table of dimensional and density regulations, the following conditions shall apply: 1. A site plan shall be presented, for the entire development. This shall include parcels of land intended for use but separated from the main parcel by a public or private way. 2. The site plan shall be submitted to the Planning Board for advice and recommendation. 3. The following uses shall be permitted: residential, community facilities for exclusive use of the residents, and commercial (retail or service establishment). The gross floor area devoted to commercial uses shall not exceed 6 percent of the total residential gross floor area and shall not be located above the first floor. 4. The proposed conversion shall comply with the dimensional and density regulations for the R-M district (Section VI.B) and to the provisions of Section VI.G.3, except that the minimum yard dimensions and maximum building area may be adjusted as deemed appropriate by the Board of Appeals. 5. At any one time, not more than 10 percent of the total dwelling units shall contain three or more be SECTION V MORE THAN ONE BUILDING OR DWELLING ON A LOT PROCEDURE GENERAL INFORMATION Not more than one (1) building (anywhere) nor more than two (2) dwelling units (except as permitted or allowed by special permit under the current zoning By-law as amended) designed or available for use, except an accessory use, shall be erected or placed or converted to use as such on any lot in a subdivision, or elsewhere in the Town without the consent of the Board, and such consent may be conditional upon the providing of adequate ways, furnishing access to each site for such buildings. Such applications shall be treated in the same manner as a normal subdivision even though it is not, in fact, a true subdivision and is therefore entitled to the same zoning protection as a single lot or a Form A (Approval Under the Subdivision Control Law Not Required) plan. A. APPLICATION FOR PRELIMINARY APPROVAL AND FEE A preliminary plan for more than one (1) building or more than one (2) dwelling units on a lot(as applicable), known as multiple building, shall be submitted by the applicant to the Planning Board or to the Board through the Engineering Department and the Board of Health or to the Board of Health through the Board of Health Agent for discussion and tentative approval, modification, or disapproval by each. The submission of such a preliminary plan will enable the applicant, the Planning Board, the Board of Health and other municipal agencies to discuss the development before a definitive plan is prepared. A technical review deposit of fifty dollars ($50.00) per building or dwelling unit shall be filed with the Board or to the Board through the Engineering Department for posting with the Treasurer and used as compensation to hire a qualified consultant pursuant to MGL Chapter 44, Section 53G. If the account is depleted prior to the technical review completion, the applicant will be required to supplement the account in an amount that the Board finds is reasonably necessary. Surplus funds, if any, are to be returned to the applicant upon completion of the technical review. Failure by the applicant to post said fee f er supply, sanitary sewage system and electric or gas service. Added by action of Town Meeting, April 24,1978, Article #60. MOTEL : A building or group of buildings containing one (1) or more guest rooms with separate outside entrances for each room or suite of rooms and for which room or suite of rooms automobile parking space is provided. Added by action of Town Meeting, April 24,1978, Article #60. MULTIFAMILY APARTMENT HOUSE : Any building or portion thereof used as a multiple dwelling for the purpose of providing three (3) or more separate dwelling units with shared means of egress. Added by action of Town Meeting, June 23,1975, Article #15. MULTIFAMILY ROWHOUSE (TOWNHOUSE, CONDOMINIUM) : An attached or semidetached building or structure with continuous or common walls containing three or more dwelling units. Added by action of Town Meeting, April 26,1976, Article #39 OFFICES : Space or rooms used for professional, administrative, clerical, and similar uses. Added by action of Town Meeting, April 24,1978, Article #60. OPEN SPACE : The space on a lot unoccupied by buildings, unobstructed to the sky, not devoted to streets, driveways, or off-street parking or loading spaces and expressed as a percentage of total lot area. OWNER : The duly authorized agent, attorney, purchaser, devisee, trustee, lessee or any person having vested or equitable interest in the use, structure or lot in question. PARKING SPACE : An open space or a garage, on a lot used for parking motor vehicles, the dimensions of which are not less than nine (9) feet wide by nineteen (19) feet long and to which there is an access from a street, plus not less than 100 square feet of access and maneuvering space, whether inside or outside a structure for exclusive use as a parking stall for one motor vehicle, and further being surfaced with a durable pavement. PLANNED UNIT DEVELOPMENT : A development permitting single family, two family, and multifamily dwelling units, community facilities and commercial facilities on a single tract of land arranged TABLE OF DIMENSIONAL AND DENSITY REGULATIONS District,Use,Minimum l ol Area (sq ft ),Minimum I of Width (ft),Minimum of Frontage (ft),Minimum of Depth (f) ),Minimum Front (II),Yard Side (ft),Rear (ft,Maximum Height (f) ),Maximum Stories (No ),Maximum Building Area (%),Minimum Open Space (%) R M,Multi Family Apartment House Multi family Row House (Town House Condominium) Two Family Dwelling Any other permitted use (5),2 000 sq ft per dwelling unit + 2 000 sq ft per bedroom per dwelling unit (7),150(5) 100(5),150(5) 100(5),80,25,10(2),30,40,4,- 30,30 10) RU,Two Family Dwelling,35 000 (7),120(5),120,100,25,15(1),40,35,25,30,50 ,Single Family Dwelling,25 000(7),80,80 (5),80,25,15,40,35,25,30,50 ,Any other permitted use,35 5000(7),120(6),120(G),80,25,15,40,35,25 5,30,50 10) RC,Any permitted use,40 000(7),100,100(5),120,35,15,40,35,3,25,50 10) RB,Any permitted use,55 000(7),125,125(5),140,40,20,40,35,25,20,50 10) RA,Any permitted use,""55,000 (9)"",150,150(5),180,40,20,50,35,2 5,20,50 CBU,Any permitted use,2 500,20,20,75,0,0,10,40,3,90,0 GB,Any permitted use,10 000 (7),50,50,75,15,5,30,40,3,70,10 NB,Any permitted use,10 000 (7),50,50,75,15,5,30,30,2 5,50,20 HB,Hotel and Molel,20 000 + 3 000 per unit (7),80,80,100,20,15,40,40,4,40,30 ,Any permitted use,20 000 (7),80,80,100,20,15,40,85(8),6(8),40,30 I Amended,Any permitted use by action of Town Meeting April 30,80 000 (7) 1979 Article 27,125,150,125,25,20,40,40,4,50,25(3) R M Previous amendment voted June 17 1981 Article 16 (7) Amended by action of Special Town Meeting November 12 1996 Article 6 (8) Amended by action of Special lown Meeting on May 5 1997 Article #9 ID 29 (6) Amended by action of Annual Town Meeting April 24 1989, Article 42 Is multi-family housing listed as allowed through conversion (of either single family houses or non residential buildings)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Conversion of existing (as of September 8, 1970) dwelling structures to multifamily dwellings provided the total number of units in the converted dwelling structure shall not exceed four dwelling units is permitted in the Table of Uses. " "[INST] Context: units suitable for occupancy by such persons, while ensuring compliance with the local planning standards and policies concerned with land use, building design, and requirements of the health, safety, convenience and general welfare of the inhabitants of the Town. 5520. Conditions and Requirements. An owner or owners of a single family dwelling in Single Residence District ""A"", ""C"" or Wayside Inn Historic Preservation Zone may apply to the Board of Appeals for a Special Permit for the creation and occupancy of a single accessory dwelling unit in a detached single family dwelling. Such application shall be accompanied by the application fee established by the Board of Appeals. After such notice and public hearing, and after due consideration of the report of the Board of Health, (and the Historic Districts Commission, where applicable), the Board of Appeals may grant such Special Permit provided that each of the following conditions and requirements is met: 5521. Occupancy a. Such unit shall be occupied by not more than four persons related by blood, adoption or marriage to the family owning and residing in the principal dwelling; or b. Such unit shall be occupied by not more than two domestic employees of the family owning and residing in the principal dwelling; or c. Such unit shall be occupied by a low or moderate income family with income not to exceed 80% of the regional median household income established in the Local Initiative Program Guideline of the Executive Office of Communities and Development (as the same may be amended from time to time). 5522. The accessory dwelling unit shall be located within the single family dwelling or its attached accessory structures in substantially the same size as they existed on the day of adoption of this section or, for single family dwellings not in existence on such day of adoption, as they have existed for five years prior to the application for such Special Permit. Such status shall be verified in the records of the Building/ Inspection Department. A single family dwelling shall be deemed to comply wi xisted for five years prior to the application for such Special Permit. Such status shall be verified in the records of the Building/ Inspection Department. A single family dwelling shall be deemed to comply with the requirements of this subsection if any alteration or enlargement thereof subsequent to said day of adoption or within the said five year period does not increase the floor area of said dwelling, as hereinafter defined, by more that fifty (50) square feet. For dwellings in existence on the day of adoption which have been increased in floor area by more than fifty (50) square feet subsequent to the day of adoption, no special permit hereunder may be issued until after the expiration of five years from the last such alteration or enlargement. On request of the applicant, the Board of Appeals may waive all or a portion of any applicable five year period if it finds that such waiver will further the purposes of this section. 5523. The accessory dwelling unit shall be a use incidental to the single family dwelling, shall contain no more than 1,200 square feet, and shall occupy no more than 30% of the floor area of the single family dwelling and its attached accessory structures. Floor area is defined herein as the actual heated living area and does not include unfinished basements, attics, or storage spaces. 5524. There shall be no more than one single accessory dwelling unit per building lot. 5525. The owner of the dwelling in which the single accessory dwelling unit is created shall reside in the dwelling, either in the principal dwelling unit or the accessory dwelling unit. If the owner resides in the accessory dwelling unit, occupancy of the principal dwelling unit must be by persons satisfying the relationship or income criteria herein. For the purpose of this subsection, the ""owner"" shall be one or more individuals who constitute a family, who hold title to the dwelling, and for whom the dwelling is the primary residence for voting purposes. If the lot on which the single accessory dwelling unit is to be located is owned by the Town of Sudbury, the owner- of Dimensional Regulations. 2330. Home Business - As of Right. A registered home business may be allowed as of right in all residential zoning districts, provided that it: 2331. is conducted solely within a dwelling and solely by the person(s) occupying the dwelling as a primary residence; 2332. is clearly incidental and secondary to the use of the premises for residential purposes; 2333. does not produce offensive noise, vibration, smoke, dust, odors, heat, lighting, electrical interference, radioactive emission or environmental pollution; 2334. does not utilize exterior storage of material or equipment (including the parking of commercial vehicles); 2335. does not exhibit any exterior indication of its presence or any variation from residential appearance; 2336. does not produce more than one customer round trip per day to the occupation site; 2337. is registered with the Zoning Enforcement Agent. 2340. Home Business - By Special Permit. A registered home business may be allowed in all residential zoning districts by special permit issued by the Board of Appeals, provided that it: 2341. fully complies with Sections 2332, 2333 and 2334 above. 2342. is conducted within a dwelling, or within a building accessory to a dwelling, solely by the person(s) occupying the dwelling as a primary residence and, in addition to the residents of the premises, by not more than one additional employee; 2343. does not exhibit any exterior indication of its presence, or any variation from residential appearance, except for a sign or name plate compliant with Section 3200; 2344. a special permit for such use is granted by the Board of Appeals, subject to conditions including, but not limited to, restriction of hours of operation, maximum floor area, off-street parking, and maximum number of daily customer vehicle trips. 2400. NON-CONFORMING USES AND STRUCTURES. 2410. Applicability. This Zoning Bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which ARTICLE 5000. ALTERNATIVE RESIDENTIAL REGULATIONS. 5100. CLUSTER DEVELOPMENT. 5110. Purpose. The purpose of Cluster Development is to maintain land use density limitations while encouraging the preservation of common land for conservation, agriculture, open space, and recreational use; to preserve historical or archeological resources; to protect existing or potential municipal water supplies; to protect the value of real property; to promote more suitable siting of buildings and better overall site planning; to promote better utilization of land in harmony with neighboring parcels, with its natural features and with the general intent of the zoning bylaw through a greater flexibility in design; and to allow more efficient provision of municipal services. 5120. Applicability. The Planning Board may grant a Special Permit for a Cluster Development in Single Residence ""A"", Single Residence ""C"" and the Wayside Inn Historic Preservation Residential Zone Districts for single family detached dwellings and accessory structures, subject to the provisions of this Section 5100. 5130. Standards. The following standards shall apply to all Cluster Developments: 5131. Minimum Tract Size. Cluster Developments shall be located upon a single tract, in common ownership with definite boundaries ascertainable from recorded deed or recorded plan, having an area of at least 10 acres and undivided by land of separate ownership or by a private or public right-of-way. 5132. Number of Building Lots Permitted. The total number of building lots in a cluster development shall be no greater than the number of building lots that would otherwise be allowed in the district in which the land is located. For purposes of this section, ""building lot"" shall mean any lot found by the Planning Board, Board of Health and Conservation Commission, at the time of application, assuming compliance with the Zoning Bylaw, to be suitable for the construction thereon of residential dwelling units under the rules and regulations of the Town of Sudbury and t ms or space with a common means of egress and entrance. Indoor commercial recreation shall include theatres, concert halls, dance halls, skating rinks, bowling alleys, health clubs, dance studios, or other commercial recreational centers or places of assembly conducted for or not for profit. COMMERCIAL RECREATION, OUTDOOR : Drive-in theatre, golf course/driving range, bathing beach, sports club, horseback riding stable, boathouse, game preserve, marina or other commercial recreation carried on in whole or in part outdoors, except those activities more specifically designated in this Bylaw. CLUB OR LODGE, PRIVATE : Buildings, structures and premises used by a nonprofit social or civic organization, or by an organization catering exclusively to members and their guests for social, civic, recreational, or athletic purposes which are not conducted primarily for gain and provided there are no vending stands, merchandising, or commercial activities except as may be required generally for the membership and purposes of such organization. DEMOLITION : Removal of a building or structure by any means whatsoever. DOG KENNEL : An establishment in which more than three (3) dogs are housed, groomed, bred, boarded, trained or sold. DRIVEWAY, INTERIOR : A travel lane located within the perimeter of a parking lot which is not used to directly enter or leave parking spaces. An interior driveway shall not include any part of the access driveway. DWELLING : A building for human habitation, which shall not include a trailer or other mobile living unit. Single and two family dwellings shall be designed for and occupied by not more than one (1) or two (2) families, respectively. A multi-family dwelling shall be one designed for and occupied by three (3) or more families. DWELLING UNIT : A room or group of rooms forming a habitable unit for one family, with facilities used, or intended to be used, for living, sleeping, cooking, eating, and sanitation. DWELLING UNIT, SINGLE ACCESSORY : A second dwelling unit located within a structure constructed as Is multi-family housing listed as allowed through conversion (of either single family houses or non residential buildings)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know, Based on the provided zoning regulations, there is no direct mention of multi-family housing being allowed through conversion of single-family homes or non-residential buildings. However, it is not clear if such conversions could be permitted someplace else in the by-laws. Therefore, the answer is ""I don't know."" " "[INST] Context: s section does not provide for ""two-family"" or ""duplex"" type housing. [Added 12-4-1990 STM by Art. 9] B. An owner or owners of a single-family dwelling in an RA or RB District may apply to the Board of Appeals for a special permit for the construction and occupancy of an accessory dwelling unit, hereinafter ""accessory apartment"" .in such single-family dwelling. In no case shall there be more than one accessory apartment in any single-family dwelling. C. In accordance with the provisions of Article XI of this bylaw, and after due consideration of the report and recommendation of the Board of Health (see Subsection C), the Board of Appeals may grant a special permit provided that: [Amended 12-4-1990 STM by Arts. 10 and 11; 4-27-1991 STM by Art. 7] (1) The accessory apartment is accessory to the principal residence, the floor area of the apartment shall not exceed 35% of the floor area of the principal residence and the apartment combined, and either the apartment or the principal residence is occupied by the owner of the lot on which the apartment is to be located, except for bona fide temporary absences. (2) Adequate provision has been made for the disposal of sewage, waste and drainage of such accessory apartment in accordance with the requirements of the Board of Health. (3) Adequate provision has been made for ingress and egress to the outside from such accessory-apartment. (4) The construction and occupancy of the accessory apartment will not be detrimental to the neighborhood in which the lot is located. (5) The lot on which the accessory apartment and principal residence are located contains at least one acre. (6) Adequate provision has been made for off-street parking of motor vehicles in such a fashion as is consistent with the character of a single-family residence. (7) There is no other apartment on the lot on which the accessory apartment is to be located. D. In order to ensure compliance with Subsection B(2) above, the applicant shall obtain and submit to the Board §145-47. Open space multifamily development (OSMD). A. Purpose. In order to provide for the public interest by the preservation of open space in perpetuity, variety in residential housing which allows for development more harmonious with natural features and to promote the maximum possible protection of open space, visual quality, and watershed protection, and to encourage efficient provision of necessary utilities and community services, the following requirements are established for open space multifamily development within the Town of Townsend. In making any and all determinations under this bylaw, the Planning Board shall always compare the impact of an open space development with potential conventional development, and may approve open space development only if the proposal is superior to a conventional development, The Planning Board shall be guided by the findings and recommendations of the Townsend Open Space Plan and Townsend's Housing Policy, as amended. B. Applicability. Open space multifamily development shall be allowed within RA and RB zoning Districts subject to the requirements of the Zoning Bylaw for those districts, and in accordance with the additional requirements specified herein. C. General requirements. (1) After an OSMD application has been submitted, no utility installations, no ditching, grading or construction of roads, no grading of land or lots, no excavation except for purposes of soil testing, no forest harvesting, no dredging or filling, and no construction of buildings or structures shall be done on any part of the development site until the application has been reviewed and approved as provided by this section; (2) No OSMD will be approved within an established residential neighborhood if the Planning Board determines that such land use would have a detrimental effect upon the surrounding property; (3) It shall be the responsibility of an applicant for an OSMD special permit to demonstrate to the Planning Board that this form of land development will be more appropriate than traditional patterns of residential development s of various ages and income levels and create affordable housing, to help people who have lived and worked in Townsend and have been unable to obtain suitable housing at a reasonable price, and to maintain a stable economy by preventing the out migration of lower income groups who provide essential services. The Planning Board may issue a special permit which allows an increase in density through a partial relaxation of requirements of this bylaw but only in conjunction with procedures described in 145-39, Open space preservation development, and 145-47, Open space multifamily development, and shall require that a minimum of 30% of all units developed on the site be sold and maintained at affordable prices, according to the standards contained in Subsection C below. The Planning Board may not allow an increase in density beyond one total dwelling unit per acre. As a further incentive for the construction of affordable housing, the Board may, in its discretion, waive certain improvement requirements set forth in the Townsend Subdivision Rules and Regulations."" B. Definitions. AFFORDABLE HOUSING DEVELOPMENT AFFORDABLE HOUSING UNITS (1) For homeowners: payments for principal and interest on a mortgage, real estate taxes, homeowner's insurance, and condominium fees, if any; or (2) For renters: rent including heat but not other utilities. In determining median income, the most recent data available from the Massachusetts Housing Partnership Program shall be used. DESIGN STANDARDS MODIFICATION OF STANDARDS NUMBER OF AFFORDABLE UNITS PHASING SALE PRICE C. Applicability. Density increases associated with the creation of affordable housing shall be allowed only within open space preservation developments, 145-39 and open space multifamily developments, 145-47. D. Application requirements. Preliminary plan applications for proposed cluster residential developments are to be made to the Planning Board according to 145-39 and 145-47 of the Townsend Zoning Bylaw. In addition to those requirements noted in 145-39 and 145-47, a statement as to how the proposal conforms ARTICLE IX Special Provisions §145-34. Additional requirements. §145-35. Motels. A. The density of motel units per acre shall be no more than five. [Amended 5-18-1987 STM by Art. 22] B. On each lot used for motel purposes there shall be provided front yard 60 feet in depth, rear and side yards each not less than 50 feet in depth. C. A space not less than 20 feet shall be maintained open with grass, bushes, flowers or trees all along each side lot, rear lot and front lot, except for entrance and exit driveways, and such open space shall not be built on, nor paved nor used for parking. D. No space within the required front yard depth shall be used for parking except as a temporary nature such as for registering. No parking spaces are allowed in required yard depths and all parking shall be at the side, rear or under the building for which it is intended. E. Each motel site shall be provided with not more than two motor- vehicle driveways for each abutting street which shall intersect the abutting street or streets at 90. F. Each rental unit shall contain not less than 250 square feet of habitable floor area. G. Subject to Board of Appeals, uses such as but not limited to restaurants, convention facilities, health clubs, retail shops, beauty and barber shops are permitted within motels containing 100 or more units. H. Hotels/motels in operation prior to January 1, 1970 have the capability to expand to a maximum density of 10 units per acre with or without individual kitchens. [Added 4-29-1991 ATM by Art. 41] §145-36. Accessory apartments in residential district. A. Purpose. Recognizing the need to provide alternative affordable housing for family members, the following regulations are established for accessory apartments in a residential district. It is expressly understood that this section does not provide for ""two-family"" or ""duplex"" type housing. [Added 12-4-1990 STM by Art. 9] B. An owner or owners of a single-family dwelling in an RA or RB District may apply to the Board of A practical matter. The, applicant shall also provide financial data, based on the known data, including current housing prices and reasonable inflation and population projections, demonstrating that the conventional subdivision is financially viable, and could be completed and sold within the same time frame planned for the open space proposal. [Amended 5-2-2000 ATM by Art. 39] (a) The plan shall show all wetlands along with potential sites for homes; and if individual septic systems and/or wells for drinking water would be necessary to serve the homes, then also the location of a subsurface sewage disposal system and/or well on each lot. [Added 5-2-2000 ATM by Art. 38] (b) The applicant shall submit data proving that adequate provision for sanitary sewage can be provided to each lot in the conventional subdivisions. If individual septic systems would be necessary to serve the homes, then the following data must be included: [Added 5-2-2000 ATM by Art. 38] (2) Density regulations. The Planning Board may grant a reduction on all density regulations of the underlying zoning regulations for all portions of an OSMD, with the exception of height and front, side and rear yard setbacks, if the Planning Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with this section, provided that in no instance shall any lot deviate from the following .table of minimum requirements: Table of Minimum Requirements ,""Zoning District RA, RB Single-Family Dwellings With Town Water"",Without Town Water Minimum lot area,""20,000 sq. ft."",""48,000 sq. ft."" Minimum lot frontage,35 ft. Two-Family Dwellings With Town Water,35 ft. Without Town Water Minimum lot area,""30,000 sq. ft."",""60,000 sq. ft."" Minimum lot frontage,35 ft.,35 ft. ,Apartment/Multifamily Dwellings, ,With Town Water,Without Town Water Minimum lot area,""48,000 sq. ft."",""80,000 sq. ft."" Minimum lot frontage,35 ft.,35 ft. (3) Development standards. Prior to the issuance of a special permit for an OSMD, the applicant shall submit the Is multi-family housing listed as allowed through conversion (of either single family houses or non residential buildings)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know, There are no direct mentions of multi-family housing conversions in the provided excerpt, but because the excerpt does not contain a comprehensive discussion of zoning restrictions by district, such conversions could be permitted elsewhere in the ordinance. " "[INST] Context: t, special permit and/or sign permit or other approval under this ordinance. DEVELOPMENT : That which is to be done pursuant to a zoning permit, special use permit, sign permit and/or other approval. DISPLAY LOT : An area of land used for the parking, storage, or presentation of motor vehicles, trailers, and boats for sale, lease or rent. (Added 1/19/99) DISPLAY SPACE : A portion of a display lot set aside for the display or storage of one vehicle, trailer, boat or similar item. (Added 1/19/99) DORMITORY : A building, which is owned and/or operated by an educational institution, whose primary use is to provide living accommodations for individuals associated with the institution. DRAINAGE : The removal of surface water or groundwater from land by drains, grading, or other means. Drainage includes the control of runoff to minimize erosion and sedimentation during and after development and includes the means necessary for water supply preservation or prevention or alleviation of flooding. DRIVEWAY : That portion of a vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the accommodation area. DWELLING : A building and its attendant premises, designed and used in whole or in part for human habitation. DWELLING, MULTI-FAMILY : A building or portion thereof used as a multiple dwelling for the purpose of providing four (4) or more separate dwelling units with shared means of ingress and egress and other essential facilities. DWELLING, MULTI-FAMILY, HIGH RISE : A multi-family dwelling four (4) or more stories in height. DWELLING, MULTI-FAMILY LOW RISE : A multi-family dwelling not exceeding three (3) stories in height. DWELLING, SINGLE FAMILY ATTACHED : A building consisting of not less than three (3) dwelling units, each unit of which is separated from the other by a vertical party wall or double wall, and each unit of which has a separate, ground floor entrance; includes townhouse. DWELLING, SINGLE FAMILY DETACHED : A building consisting of one (1) dwelling unit occupying one (1) lot. DWELLING, SINGLE of Public Health and the Department of Public Health and Code Enforcement. Guestrooms shall not include individual kitchen facilities, but shall be allowed an individual or shared bath/toilet facility, with at least one toilet, one bath/shower, and one wash basin separate from these required for the single family residence portion of the dwelling. A maximum of the guests are allowed per room and children under the age of twelve (12) years shall not be considered in the total number of guests. The use of that portion of the dwelling devoted to transient occupancy shall be accessory to the use of the dwelling as a single family residence and shall not change the character thereof. (Amended, approved 10/28/97) BLOCK : A portion of land measured along a public way right-of-way line, extending from one intersecting public way to the next intersecting public way along the same right-of-way line. BUILDING : A combination of any materials, whether portable or fixed, having a roof and enclosed within exterior walls or firewalls which is built, erected or framed to form a structure for the shelter of persons, animals or property. BUILDING, ACCESSORY : A building the use of which is primarily subordinate and incidental to that of the principal building and which is located on the same lot. BUILDING LINE : The line, parallel to the street line, which passes through the point of the principal building nearest the front lot line. BUILDING, PRINCIPAL : A building in which is conducted the principal use of the lot on which it is located. CAMOUFLAGED : A Personal Wireless Service Facility that is disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure. (Amended, approved 5/26/98) CAMPUS : A campus is the single geographic area (even though such area may be divided by public or private streets, rivers or parks) comprised of grounds and buildings owned or occupied by a licensed hospital or its affiliates or by a nonprofit academic or professional college or university. CARPORT : An attached roof projecting from the side of igned to be used by artists or craftspeople to create works of art or crafts, and which may also be used by such artists or craftspeople to reside in. Such residency shall be limited to one (1) per family per dwelling unit. Works of art or craft shall mean items that are created primarily for purposes of aesthetic enjoyment, and no solely for practical purpose, including but not necessarily limited to paintings, drawings, lithographs, and other representations; photographs, film, video, prints and other visual and electronic media; textiles and costumes; jewelry; pottery; art objects made of glass; precious and semi-precious metals, stones and the like; lighting used for artistic purposes; gallery and exhibit space; performance arts including dance, music and theater including lessons, practice, rehearsal and actual performances whether live audiences, taped or filmed. (Amended 11/9/99) LOT : A single and contiguous parcel of land under one (1) ownership which is not divided by street or way appearing on the official map. Such a parcel is still a single lot even tough interior lot lines exist. LOT AREA : The total number of square feet within the exterior lines of the lot. For purposes of calculation, any water area more than ten (10) feet from the shoreline is excluded from the total lot area. LOT, BORDER : A lot contiguous to a zone district boundary. LOT, CORNER : A lot situated at the intersection of and abutting two (2) streets that have an angle of intersection of not more than three hundred and thirty-five (335) degrees. LOT LINE : The boundary of a lot that separates it from adjoining lots. LOT, SPLIT : A lot divided by a zone district boundary. MARINA : Premises used for wharves, docking, boat liveries, boat yards, yacht clubs, sale of marine equipment, but excluding the sale of boats and the processing or sale of fish. MANUFACTURED HOME : A dwelling fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying that it is built in compliance with the Federal Manufactured Housing Con A dwelling fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards. MASTER PLAN : The comprehensive plan as adopted by the Planning Board, including graphic and written proposals, indicating the general location of and process for streets, parks, schools, public structures and all associated development for the City of Worcester, and including any amendment to such plan or part thereof. MIXED USE DEVELOPMENT : A development seeking a density bonus pursuant to Article IX characterized by three (3) or more significant revenue producing uses, such as retail, office, residential, hotel/motel, entertainment/cultural/recreational which are mutually supporting, exhibit physical and functional integration and are developed in conformance with a coherent plan. MOBILE HOME : A transportable, factory-built dwelling designed to be used as a year-round residence and built prior to enactment of the Federal Manufactured Housing and Construction and Safety Standards Act of 1974 which became effective June 15, 1976. MONOPOLE : The type of mount that is self-supporting with a single shaft of wood, steel, or concrete and a platform (or racks) for panel antennas arrayed at the top. (Amended, approved 5/26/98) MOUNT : The structure or surface upon which antennas are mounted, including the following four (4) types of mounts. (Amended, approved 5/26/98) 1. Roof-mounted: Mounted on the roof of a building. 2. Side-mounted: Mounted on the side of a building. 3. Ground-mounted: Mounted on the ground. 4. Structure-mounted: Mounted on a structure other than a building. 5. Interior-mounted: Mounted within a building such that the Personal Wireless Service Facility is not visible from the exterior of the building/structure. NEIGHBORHOOD PRESERVATION DISTRICT : An area designated by the City of Worcester for that purpose of regulating development and rehabilitation with respect to the imp ractical. C. The structure, as converted, satisfies the dimensional standards and parking requirements of this Ordinance. D. The dimensional standards in 1.C above, may be altered by special permit of the Zoning Board of Appeals. 2. In Business, Manufacturing and Industrial Park Zones, residential structures in existence on the effective date of this ordinance may be converted to provide additional dwelling units if the following are met: A. External appearance of the structure remains unchanged except for additional doors and windows, fire escapes and stairways. Fire escapes and stairways must be in the rear of the structure where practical. D. The structure, as converted, satisfies the dimensional standards and parking requirements of this Ordinance. C. The dimensional standards in 2.B above, may be altered by special permit of the Zoning Board of Appeals. Section 10 Adult Entertainment Establishments (Amended, approved 12/17/96) A. An adult entertainment establishment may be operated only in the zoning district(s) determined by Table 4.1 and only then upon the issuance of a special permit by the Zoning Board of Appeals acting in accordance with this ordinance and the standards set forth in this section. B. No special permit shall be granted for any adult entertainment establishment located within five hundred linear feet, measured from any exterior property line of the property said use is to be located upon, to any exterior property line of any: 1. property zoned or used for residential purposes; or 2. other adult entertainment establishment; or 3. establishment licensed under the provisions of G.L. c. 138, Section 12; or 4. day care center, municipally-owned property, public or private elementary or secondary school; or 5. church/place of worship, clinic, convalescent home/institution, funeral undertaking establishment, hospital or sanatorium, library or nursing home/institution. C. No special permit shall be granted for any adult entertainment establishment owned, controlled or managed by any person convicted of violating the provisio Is multi-family housing listed as allowed through conversion (of either single family houses or non residential buildings)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, In Business, Manufacturing and Industrial Park Zones, residential structures in existence on the effective date of this ordinance may be converted to provide additional dwelling units. " "[INST] Context: ate income under programs regulated and financially assisted by agencies of the government of the United States or of the Commonwealth of Massachusetts under programs for that purpose. The special permit shall impose appropriate safeguards to ensure continued use of forty percent (40%) or more of the family units for subsidized housing. No special permit shall be issued prior to receipt of such advisory, unless forty-five (45) days have elapsed from the date of submission of the request by the Zoning Board of Appeals. Failure to advise within the time limit shall be deemed a favorable recommendation. 7.5.10 Phasing. Upon authorization of multifamily use by the Zoning Board of Appeals, the Planning Board shall establish an annual limit for the number of dwelling units to be authorized, taking into consideration the town-wide building rate experienced over the previous two (2) years and anticipated over the next half dozen years, the needs which the housing will serve, the ability of the town to provide services in a timely manner and the housing cost and feasibility consequences of the limitation. 7.6 ACCESSORY FAMILY DWELLING UNIT 7.6.1 Purpose. The intent and the purpose of this section is to permit accessory dwelling units in single-family residential districts subject to the standards and procedures here and after set forth. It is also the intent to assure that the single-family character of the neighborhood will be maintained and that the accessory unit remains subordinate to the principal living quarters. 7.6.2 Special Permit. A special permit may be granted for the conversion of, by attachment via common wall or containment within, an existing single-family dwelling only or new construction of the same only to accommodate an additional family living unit in districts where allowed in the Table of Use Regulations, provided that there is compliance with all provisions of this section. 7.6.3 Use Limitations. Such additional family living unit shall be limited to a maximum of four (4) pe 15. 4. To hear and decide comprehensive permits for construction of low or moderate-income housing by a public agency or limited dividend or nonprofit corporation, as set forth in G.L. c. 40B, ss. 20-23. 9.2.3 Regulations. The Board of Appeals may adopt rules and regulations for the administration of its powers. 9.2.4 Fees. The Board of Appeals may adopt reasonable administrative fees and technical review fees for petitions for variances, administrative appeals, and applications for comprehensive permits. 9.3 SPECIAL PERMITS 9.3.1 Special Permit Granting Authority. Unless specifically designated otherwise, the Board of Appeals shall act as the Special Permit Granting Authority. 9.3.2 Criteria. Special permits shall be granted by the Special Permit Granting Authority, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to the town or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this By-Law, the determination shall include consideration of each of the following: 1. Community needs served by the proposal; 2. Traffic flow and safety, including parking and loading; 3. Adequacy of utilities and other public services; 4. Neighborhood character and social structures; 5. Impacts on the natural environment; and 6. Potential fiscal impact, including impact on town services, tax base, and employment. 9.3.3 Procedures. An application for a special permit shall be filed in accordance with the rules and regulations of the Special Permit Granting Authority. 9.3.4 Conditions. Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the Special Permit Granting Authority may deem necessary to serve the purposes of this By-Law. 9.3.5 Plans. Unless otherwise provided by rule or regulation of the special Permit Granting Authority, an applicant for a special permit shall submit a plan in s hority. Any development pursuant to the PSMUOD by-law shall be allowed only by special permit. The Planning Board is hereby designated as the Special Permit Granting Authority (SPGA) in the PSMUOD. A super majority shall be required for plan approval. All Special Permit applications made pursuant to the PSMUOD by-law shall conform to the standards and criteria and procedural provisions of the PSMUOD by-law and all relevant procedural provisions in the current Ashland zoning by-laws. Said Special Permit may be issued subject to such conditions as the Planning Board may deem appropriate to protect the public interest and to ensure that development to the PSMUOD will be consistent with the purpose of this Section and the controls set forth herein. 4.0 Development Criteria. In addition to the specific requirements contained within this Bylaw, the Ashland Planning Board shall issue a special permit for development within the PSMUOD only after consideration of the following: 1. Adequacy of the site in relation to the size of the proposed structure(s); 2. Adequacy of the provision of open space, its accessibility to the general public, and/or its association with adjacent or proximate open space areas; 3. Suitability of the site for the proposed use(s); 4. Impact on traffic, pedestrian flow and safety and access for emergency vehicles; 5. .Impact on the visual character of the neighborhood; 6. Adequacy of utilities, including sewage disposal, water supply and storm water drainage; 7. Degree to which the proposed project complies with the stated purpose of this bylaw; 8. Impact of the proposal on the existing mix of structures and businesses in the PSMUOD. 5.0 Permitted Uses. Within the PSMUOD, the Planning Board may issue a special permit for the following uses either solely or in combination: 5.1 Residential. 1. Dwelling units located above or adjacent to a building containing non-residential uses. 2. Dwelling units above or adjacent to non-residential uses may be connected for access if both are owned by the same entity and occupied rea."" 4. Setbacks and Yard Regulations for Buildings. 1. Following are the setback requirements: a. Required front setback distance: no minimum and no maximum. b. Required side yard width: 10 feet minimum. c. Required rear yard depth: Minimum 15 feet 5. Display/Storage. No storage or permanent display of goods, products, materials or equipment, vending machines or similar commercial devices shall be located nearer to the line of any street than the permitted setback distance for a building on the lot. 6. Height Regulations. Building heights up to five (5) stories are allowed in the PSMUOD, and, as a development incentive, the SPGA may allow buildings higher than five (5) stories if the developer can demonstrate to the SPGA's satisfaction, that the increased height is in keeping with the purpose of the bylaw. 7. Common Open Land. 1. The developer is encouraged to have Common Open Land for use by the general public. The Common Open Land shall have a shape, dimension, character and location suitable to assure its use for park or open space purposes by the general public. 2. The SPGA may permit a density bonus of one (1) dwelling unit per 2,000 sf of Common Open Land provided the area of Common Open Land shall equal at least ten (10) percent of the total parcel area. 3. Any required takings for Right of Way (ROW) improvements including sidewalks along a public street, will not impact the minimum required ""buildable lot area"" for the development and may be included in the Common Open Land calculation if said land is transferred to the Town or State, as appropriate, free of charge. 7.0 Affordable Housing. 1. As a condition of the grant of any special permit in the PSMUOD creating more than ten (10) residential units, a minimum of the following total number of dwelling units shall be restricted as affordable for a period of not less that ninety-nine (99) years. Fractions of .49 or less shall be rounded down and .50 or more rounded up. The form of the ninety-nine year restriction shall be approved by legal counsel to the SPGA, and a rig rs by certified mail, return receipt requested. Secondary abutters shall receive notice by regular mail. (2) The Planning Board shall provide the applicant with the notice to be published. It is the applicant's responsibility to submit the notice to the appropriate newspaper for timely publication. (3) The applicant shall submit a list or abutters and secondary abutters to the Planning Board. The Assessors' Office shall certify the list of abutters and secondary abutters by lot, block and map number and submit said list to the Planning Board. The Planning Board shall provide the final list of abutters and secondary abutters to the applicant, who shall send out the notices within five (5) days after the first publication at his expense. (4) The petitioner's failure to attend the Public Hearing may be sufficient grounds for the Planning Board to deny the Definitive Pan. G. Performance Security. (1) General requirements (a) Prior to the Board endorsing its approval on the Definitive Plan and releases it for recording, the applicant/developer must deliver sufficient security to the Planning Board, as determined by said Board. Such security amount shall be calculated by the Planning Board Engineering Consultant to assure necessary improvements within the subdivision by a combination of the methods described in Subsection G(2). The form(s) of security shall be reviewed by Town Counsel and where appropriate, shall be cosigned by the mortgage holder. An itemized start and end date schedule shall also be provided for contemplated improvements, not to exceed two (2) years; unless there is a mutual written agreement between the applicant/developer and the Planning Board for an extension of time. Such agreement shall be executed and affixed to the performance guaranty. (b) Further extensions of time may be granted by the Planning Board upon written request of the applicant/developer, and such agreement shall be executed and affixed to the performance guaranty. (c) Despite the aforementioned security, the Which entity acts as the special permit granting authority for multi-family housing? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] Planning Board & Board of Appeals, Unless specifically designated otherwise, the Board of Appeals is the Special Permit Granting Authority in Ashland, including for multifamily housing. In the PSMUOD, the Planning Board is specifically designated as the Special Permit Granting Authority (SPGA). The PSMUOD allows for multi-family housing, so therefore the Planning Board also decides on multifamily housing in Ashland. " "[INST] Context: n. The BOARD OF APPEALS must determine that each conversion of a single-family to a two-family or MULTI-FAMILY dwelling shall meet the SPECIAL PERMIT standards of Article 26 of this Bylaw. 17.4.7. Area limitation. Each unit in a TWO-FAMILY DWELLING shall not exceed a maximum of 1,800 square feet in floor area. Each MULTI-FAMILY dwelling shall not exceed 900 square feet in floor area. Such area shall not include attached or detached garages, attics, or BASEMENTS. 17.4.8. Parking. Provisions for off-street parking of residents and guests of both units shall be provided in such a manner as is consistent with the character of the neighborhood, as determined by the BOARD OF APPEALS. 17.4.9. SPECIAL PERMIT. No building permit shall be issued in accordance with the SPECIAL PERMIT issued under this section until the SPECIAL PERMIT has been recorded in the Registry of Deeds by the applicant and evidence of such recording has been submitted to the BUILDING COMMISSIONER 17.4.10. Separate conveyance. The ownership of each two-family or MULTI-FAMILY dwelling unit may be conveyed or otherwise transferred separately from the other unit. The LOT on which the units are located shall be held in common ownership. Documents describing the proposed form of ownership and maintenance agreements shall be submitted to the Zoning BOARD OF APPEALS for its review and approval with the application. 17.4.11. Provision for Affordable Housing. 17.4.11.1. A SPECIAL PERMIT to convert a single-family dwelling to a MULTI-FAMILY dwelling shall require the inclusion of dwelling units affordable to low- or moderate-income households. 17.4.11.2. At least one unit in a single-family dwelling converted to a MULTI-FAMILY FAMILY dwelling shall be restricted for occupancy by a low- or moderate-income household. 17.4.11.3. As a condition of the SPECIAL PERMIT, the BOARD OF APPEALS shall require the applicant to prepare a ""Local Initiative Program Units Only"" Application for the Board of SE development and contribute to the MIXED-USE character of the district as a whole. To qualify for a MULTI-FAMILY housing SPECIAL PERMIT, the applicant must integrate dwelling units with a proposed commercial development. Integration may be achieved by one or both of the following methods: 9.10.1.1. Locating units above the ground floor of a commercial building, i.e., an accessory dwelling in a structure occupied principally for commercial uses. 9.10.1.2. Constructing ""free-standing"" or separate MULTI-FAMILY buildings on the same lot, provided they are located behind a commercial development that is oriented toward Route 110 and are connected to the commercial development by pedestrian walkways, appropriate landscaping, lighting and other elements of the site plan. 9.10.1.3. The Town strongly prefers that some of units be located above the ground floor of one or more commercial buildings in a development, and the Planning Board may require the same as a condition of SPECIAL PERMIT approval. 9.10.2. The following density and dimensional rules shall apply to MULTI-FAMILY housing: 9.10.2.1. No more than 60% of the GROSS FLOOR AREA of a proposed MIXED-USE development shall be used for MULTI-FAMILY dwelling units. 9.10.2.2. Multi-Family dwellings shall not exceed six units or twelve bedrooms per acre. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held 4/30/07. 9.10.2.3. A building designed exclusively for MULTI-FAMILY use shall contain no more than six units, and shall not exceed a building height of 35 feet and two and one half stories. 9.10.2.4. Buildings designed exclusively for MULTI-FAMILY housing shall avoid monotonous, look-alike designs and promote high standards of exterior quality and appearance. 9.10.3. Parking. Applicants shall provide 1.5 parking spaces per one-bedroom unit and 2 parking spaces per two- or three-bedroom unit. At least one space per unit shall be located so as to provide convenient access to its assigned dwelling unit. Parking garages will be permitted as a parking space if located and designed so as to complement the building design and site layout. 9.10.4. Setbacks. All buildings must be located at least 50 feet from any side or rear LOT ng out its duties as a SPECIAL PERMIT granting authority, there shall be one associate member of the Planning Board appointed by the Board of Selectmen under authority of G.L. c. 40A, Section 9. The associate member shall sit on the Planning Board for the purposes of acting at SPECIAL PERMIT application hearings in case of absence, inability to act or conflict of interest on the part of any member of the Planning Board or in the event of a vacancy on the Board. 26.3. Special Permit Criteria. 26.3.1. A SPECIAL PERMIT may be granted when the SPGA has found that the proposed use will not be unreasonably detrimental to the established or future character of the neighborhood and Town and that such exception is in harmony with the general purpose and intent of this by-law. In making the foregoing findings, the SPGA shall give due consideration to the specific standards described in other parts of this Bylaw and to the following criteria: 26.3.1.1. The degree to which the proposed use furthers the intent or objectives of the Merrimac Master Plan. 26.3.1.2. The adequacy and accessibility of public highways and municipal utilities. 26.3.1.3. The sufficiency and suitability of off-street parking and loading facilities and SCREENING and landscaping to be provided in connection with the proposed use. 26.3.1.4. The effect on the neighborhood which can be anticipated from the conditions created by the proposed use and operation of the premises. 26.4. Other Requirements. 26.4.1. Any grant of a SPECIAL PERMIT hereunder may be subject to such conditions or safeguards, including limitations of time and use, as the SPGA shall deem to be reasonably necessary. 26.4.2. SPECIAL PERMITS shall be issued only following public hearings held within 65 days after fil trict is intended to provide a mix of housing types at a density and scale appropriate for the historic character of the district. To qualify for a MULTI-FAMILY housing SPECIAL PERMIT, the applicant must include housing affordable to low- or moderate-income households as defined in this Bylaw, according to the following schedule: 4.13.1.1. In a multi-family housing development subject to this Bylaw, the seventh housing unit and every third unit thereafter shall be a LOW- AND MODERATE-INCOME housing unit; except that beginning with the 22nd unit, that 22nd unit and every fourth unit thereafter shall be a LOW- AND MODERATE-INCOME housing unit. Nothing in this section shall preclude a developer from providing more low- or moderate-income housing units than the minimum required by this Bylaw. 4.13.1.2. All low- and moderate-income affordable units shall be subject to a use restriction pursuant to G.L. c.184, Sections 31-32. 4.13.1.3. The Planning Board may allow a developer of non-rental MULTIFAMILY housing units to make a cash payment to the Town through its Affordable Housing Trust Fund for each affordable low- or moderate-income unit. The cash payment shall be equal to the difference between the fair market value for a typical market-rate housing unit in the proposed development, as determined by the Board, and the price of a housing unit affordable to a low- or moderate-income household. 4.13.2. The Building Inspector may not issue an occupancy permit to the applicant without prior receipt of evidence that the use restriction or regulatory agreement has been recorded at the Registry of Deeds and that the low- and moderate-income units have been approved for listing on the Chapter 40B SUBSIDIZED HOUSING INVENTORY by the Department of Housing and Community Development. 4.13.3. The following density and dimensional rules shall apply to MULTI-FAMILY housing in the Village Residential District: 4.13.3.1. Multi-family dwellings shall not exceed eight units per acre unless the applicant proposes and the Planning Board approves a hi ily dwelling or MULTIFAMILY building per LOT. 17.4.2.4. At least one MULTI-FAMILY unit on a LOT shall be restricted for occupancy by a low- and moderate-income household and meet the requirements of the Local Initiative Program (LIP), 760 CMR 45.00, for inclusion on the Chapter 40B SUBSIDIZED HOUSING INVENTORY, as set forth in ""Provision for Affordable Housing"" in Section 17.4.11 of this Bylaw. 17.4.2.5. Use limitations. There shall be no other living units on the LOT upon which the two-family or MULTI-FAMILY dwelling is located. 17.4.2.6. Disposal of sewage. Adequate provision shall be made for the disposal of sewage, waste and drainage generated by the occupancy of such accessory unit in accordance with the requirements of the Board of Health. Connection to the to the municipal sewer system is required for property located in a designated sewer service area unless such connection imposes an undue economic hardship on the applicant, as determined by the Sewer Commission.. Such determination shall be made prior to the application for a SPECIAL PERMIT, and evidence of same shall be included with such application. 17.4.3. Stormwater management. Adequate provision shall be made for the proper management of stormwater runoff from the LOT. Evidence of same shall be included with the above application. 17.4.4. Dimensional requirements. Each LOT on which a single-family dwelling will be converted to a TWO-FAMILY DWELLING or MULTI-FAMILY dwelling shall meet the minimum LOT size for a single-family dwelling in the district in which it is located. 17.4.5. Ingress, egress, access. Adequate provision, as determined by the BUILDING COMMISSIONER, shall be provided for separate ingress from and egress to the outside of each unit.. 17.4.6. Documentation. The BOARD OF APPEALS must determine that each conversion of a single-family to a two-family or MULTI-FAMILY dwelling shall meet the SPECIAL PERMIT standards of Article 26 of this Bylaw. 17.4.7. Area limita Which entity acts as the special permit granting authority for multi-family housing? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] Planning Board, Board Of Appeals, Depending on the district and what the permit is for, both the Planning Board and Board of Appeals serve as the entity for multifamily housing in Merrimac. " "[INST] Context: (2) Granting Authority. When a five-member Planning Board has been designated as the special permit-granting authority, one associate member may be authorized for a one-year term. The Board of Selectmen shall authorize/appoint the associate member who, upon the designation of the Chairman of the Planning Board, shall sit on the Board for the purposes of acting on a special permit application in the case of absence, inability to act or conflict of interest on the part of any member or in the event of a vacancy on the Board. [Added 4-22-2003 ATM, Art. 8] D. Definitions. (1) General. (a) For the purposes of this bylaw, the following words and phrases shall have the following meanings, except that terms (including without limitation, appurtenant structure, base flood, development, flood, flooding, flood elevation determination, flood-prone area, flood-proofing mean sea level, mobile home, new construction, regulatory floodway, sand dunes, structure, substantial improvement and water surface elevation) used in Section 97-4E of this By-Law, including all sections thereof inclusive shall be as set forth in Section 1909.1, Subchapter B of Chapter X of Title 24 of the Code of Federal Regulations, a copy of which Section 1909.1 shall be kept on file with the Town Clerk, the Planning Board and the Building Inspector. (2) Written Definitions. ACCESSORY APARTMENT : one dwelling unit associated with a single-family dwelling which is subordinate to the principal unit. ACCESSORY STRUCTURE : A structure which houses or is being used for something other than an allowed principal use. ADULT ARCADE : an establishment or portion thereof where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five (5) or fewer persons each, are used to show films, motion pictures, video cassettes, computer displays, slides, or other photographic reproductions which are characterized by the depiction or description of ""Specified Sexual Activiti ed evidence of such written notice to the Selectmen, Planning Board, or Zoning Board of Appeals, as appropriate, a copy of which petition or application shall forthwith be given to the Town Clerk by the applicant. Any special permit granted under this By-Law shall lapse 2 years from the date of the granting of such permit (including time required to pursue or await the determination of an appeal from the grant thereof) if a substantial use thereof has not sooner commenced, or, in the case of a permit for construction, if such construction has not begun by such date, unless such failure is for good cause. Uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, may be permitted upon the issuance of a special permit by the Selectmen providing the Selectmen find that the proposed accessory use does not substantially derogate from the public good. Petitions or applications for special permits under the By-Law shall be submitted to and reviewed by the following (such reviews may be held either jointly or severally): the Board of Health, the Planning Board, the Conservation Commission and any other Board or Commission of the Town to which petition or application to be submitted for review. Any such Board or Commission to which petitions or applications are referred for review shall make such recommendations as they deem appropriate and shall send copies thereof to the Selectmen, Planning Board, or zoning Board of Appeals, as applicable, and to the applicant; provided, however, that failure of any such Board or Commission to make recommendations within 35 days of receipt by such Board or Commission of the petition or application shall be deemed lack of opposition thereto. (2) Granting Authority. When a five-member Planning Board has been designated as the special permit-granting authority, one associate member may be authorized for a one-year term. The Board of Selectmen The Planning Board shall act as the Special Permit Granting Authority for OSRD applications. The Planning Board may adopt, and from time to time amend, Rules and Regulations consistent with the provisions of this By-Law and G.L.c.40A and other provisions of the General Laws, and shall file a copy of said Rules and Regulations with the Town Clerk. (4)Applicability. (a) Any subdivision of land or development that will create more than four lots or units shall submit an application for OSRD to the Planning Board. The applicant shall have the option of development under the subdivision process as found in Chapter 117, Planning Board's Rules and Regulations for the Subdivision of Land, or under the OSRD. (b) Contiguous Parcels. To be eligible for consideration as an OSRD, the tract shall consist of a parcel or set of contiguous parcels. (c)Land Division. To be eligible for consideration as an OSRD, the tract may be a subdivision, provided, however, that an OSRD may also be permitted where intended as a condominium on land not so divided or subdivided. (5) Special permit required. The Planning Board may authorize an OSRD pursuant to the grant of a special permit. Such special permits shall be acted upon in accordance with the following provisions. (6) Segmentation. It is the intent of this By-Law to prohibit the subdivision or phasing of development which is planned in order to avoid the application of this section. It shall be presumed that the land held in common ownership at the time of enactment of this By-Law should be included for the purposes of calculating the number of lots. It shall also be presumed that phased development of land held in common ownership shall be considered in its totality rather than as separate projects. These presumptions are rebuttable only upon credible evidence to the contrary. Where division of land appears to be phased, a covenant may be placed upon the remaining land requiring compliance with this By-Law. (7) Application Procedure and Requirements. Applicants shall submit applications for an OSRD special permit in accordance with the Rules and Regulations Governing Open Spa Subsection A above and upon which one single one family residence and such structures normally accessory to such single one family residence exist as of the date of the enactment of Subsection B shall nevertheless be deemed to comply with the provisions of the Zoning By-Laws so long as such single one family residence remains on such lot. E. Residential Limited Business. (1) Allowed Uses: (a) Limited business; (b) Single and two family residences; (c) Agricultural use; (d) Customary home occupation as provided for in section 97-10C; (e) Church or other religious purpose; (f) Educational purpose which is non-profit or public; (g) Uses customarily accessory to allowed uses. (2) Prohibited Uses: (a) Any use not herein expressly allowed shall be prohibited. (3) Uses By Special Permit: (a) In appropriate cases and subject to appropriate conditions, safeguards and limitations on time or use, the Selectmen may grant an applicant a special permit to make use of the land or erect and maintain buildings or other structures thereon in accordance with the provisions of Chapter 40A of General Laws, if such use, buildings or other structures are in harmony with the general purpose and intent of this By-Law and with the provisions stipulated in § 97-10.C(1) (c) (d) & (e) for the purpose of municipal uses; A library; a nursing or rest home; a hospital; a private club; or a doctor's, lawyer's, or similar professional office; provided the Selectmen find, after a Public Hearing of which due notice is given to any party in interest as defined in Section 11, of Chapter 40A of the General Laws, that the proposed use, building or structure is for the best interest of the Town, is not injurious or obnoxious to the neighboring properties, will satisfy a community need or convenience not otherwise being served, will not affect abutting and nearby properties by increasing traffic and on-street parking, and that nothing connected with the use, buildings or structure, such as machinery, vehicles, material, supplies, equipment and waste materials shall be stored between the stre ARTICLE XI ADMINISTRATION § 97-11. Administration. A. Enforcement. (1) Authority to enforce. This By-Law shall be enforced by the Selectmen or a Building Inspector appointed by them. No building shall be built or altered and the use of a building shall not be changed without a permit having been issued by the Selectmen or the Building Inspector. Any person violating any of the provisions of the By-Law may be fined not more than $100.00 dollars for each offense. Each day that such violation continues shall constitute a separate offense. B. Zoning Board of Appeals. (1) Establishment. There is hereby established a Zoning Board of Appeals of 3 members and 2 associate members to be appointed by the Selectmen, such 3 members to be appointed for terms of such length and so arranged so that the term of 1 member shall expire in each year. Such Board shall act on all matters within its jurisdiction under this By-Law and under Chapter 40A of the General Laws in the manner prescribed in said Chapter 40A. Said Zoning Board of Appeals shall not be authorized to appoint a Zoning Administration under the provisions of Section 13 of said Chapter 40A or under the provisions of any other applicable law. C. Special Permit Procedures Public Hearing. [Amended 4-24-2001 ATM, Art. 27] (1) Procedures. Any special permit which shall hereafter be issued under this By-Law, whether by the Selectmen, by the Planning Board, or by the Zoning Board of Appeals, shall be issued only following a public hearing held within 65 days after the filing of a petition or application with said Selectmen, Planning Board, or Zoning Board of Appeals, as appropriate, and provided that said applicant and/or petitioner has furnished written notice by U.S. Mail, certified or registered, not less than 21 days prior to said public hearing to all adjoining owners-abutters and furnished evidence of such written notice to the Selectmen, Planning Board, or Zoning Board of Appeals, as appropriate, a copy of which petition or application shall forthwith be given to the Town Clerk by the applica Which entity acts as the special permit granting authority for multi-family housing? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] Planning Board, The Planning Board acts as the Special Permit Granting Authority in Newbury, including for OSRD purposes. OSRD includes any subdivision of land or development that will create more than four lots or units. This definition includes multifamily housing. " "[INST] Context: Board shall be the Special Permit Granting Authority (SPGA) for all Special Permits under this by-law. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held on 5/10/04. 19.3.2 Multiple Units. This bylaw shall apply to the construction of six (6) or more multi-family dwelling units, whether on one or more contiguous parcels, in existence as of October 8, 2003 and shall require a Special Permit. 19.4 MANDATORY PROVISION OF AFFORDABLE UNITS The Planning Board shall, as a condition of approval of any division of land or construction of multiple units referred to in Section 19.3, above, require that the applicant for approval of a Special Permit comply with the obligation to provide affordable housing pursuant to this bylaw and more fully described in Section 19.5, below. 19.5 PROVISION OF AFFORDABLE UNITS The Planning Board shall deny any application for a Special Permit for division of land or construction of multiple units under this by-law if the applicant does not comply, at a minimum with the following requirements for affordable units. 19.5.1 At least ten (10) percent of the lots in a division of land or units in a multiple unit development subject to this by-law shall be established as affordable housing units in any one or combination of methods provided for below. Fractions of a lot or dwelling unit shall be rounded up to the nearest whole number such that a development proposing six (6) dwelling units shall require one affordable unit, a development proposing eleven (11) dwelling units shall require two affordable units and so on: 19.5.1.1 The affordable units shall be constructed or rehabilitated on the subject property; I 19.5.1.2 the affordable units shall be constructed or rehabilitated on a property different than the property subject to the Special Permit; 19.5.1.3 the applicant shall make an equivalent fees-in-lieu-of payment (see Section 19.10); 19.5.1.4 the applicant may offer, and the Planning Board after consultation with the Board of Selectmen may accept, donations of land in fee simple, on or offsite, that the Planning Board determines are suitab t Granting Authority, public hearing and time limits shall follow that specified in Sec. 10.9. In all other cases, the Planning Board shall be the Special Permit Granting Authority. 10.8 APPEALS FROM DECISIONS OF THE BUILDING INSPECTOR 10.8.1 The Board of Appeals may hear and decide appeals taken by any officer or Board of the Town of Norton or by any person aggrieved by not being able to obtain a permit from any administrative official in violation of General Laws, Chapter 40A. 10.8.2 An appeal shall be taken within thirty (30) days from the date of the order or decision which is being appealed. The petitioner shall file a notice of appeal specifying the grounds thereof with the Town Clerk; and a copy of said notice, including the date and time of filing certified by the Town Clerk, shall be filed forthwith by the petitioner with the Building Inspector specifying in the notice the grounds for such appeal. The Building Inspector shall forthwith transmit to the Board of Appeals all documents and papers constituting the record of the case in which the appeal is taken 10.8.3 Notification, hearing and decision shall be made in accordance with Sec. 10.6 10.9 The Planning Board shall be the Special Permit Granting Authority. Applications for 10.10 PURPOSE, CONDITIONS, BOND Variance Permits and Special Permits are not granted as a matter of right but are privileges which may be granted as appropriate in specific circumstances which are in keeping with the intent of the Zoning By-law and subject to general or specific rules contained herein. As a condition of granting a Permit or Special Permit, the granting authority shall find that the petitioned for exception is socially and economically desirable, and that it would satisfy an existing need, that the advantages of the proposal outweigh by far any detrimental effects, and that such effects on the neighborhood and environment shall not be significantly greater than could be expected from development if the Permit or Specia ARTICLE X - BOARD OF APPEALS, PERMIT GRANTING AUTHORITY, SPECIAL PERMIT GRANTING AUTHORITY 10.1 BOARD OF APPEALS MEMBERSHIP The Board of Appeals shall consist of three members and two associate members who shall be appointed by the Selectmen in accordance with General Laws, Chapter 40A, for staggered three-year terms. The Board of Appeals shall elect annually a Chairman and shall adopt Rules and Regulations which shall be filed in the office of the Town Clerk and shall be a public record. 10.2 BOARD OF APPEALS RULES AND REGULATIONS The Rules and Regulations shall prescribe the procedures and rules for the conduct of Board of Appeals business and shall conform to the provisions of General Laws, Chapter 40A, as amended. 10.3 VARIANCE REQUIREMENTS The Board of Appeals shall have the authority to grant upon appeal or upon petition, where a use not requiring a permit is sought, with respect to a particular parcel of land or existing building a variance from the requirements of this By-law where, owning a special condition affecting specifically such parcel or building, but not generally the zoning district in which it is located, a literal enforcement of the By-law would involve substantial hardship, financial or otherwise, to the appellant, and where desirable relief may be granted without substantially derogating from the intent and purpose of the By-law, but not otherwise. Permits may be granted for variances including those for side yard, set back and frontage dimensions as well as lot size. Petitions for a variance must be filed with the Town Clerk who will transmit them to the Zoning Board of Appeals 10.4 USE VARIANCES There shall be no use variances. Anyone that should desire a change in use designation must apply for a zoning change. 10.5 LIMITATIONS The Board of Appeals may impose limitations of time and use and condition continued use upon compliance with regulations to be made and amended from time to time thereafter. 10.6 VARIANCE NOTIFICATION, HEARING 9-Special Permits. 15.8.1 Approval The Planning Board shall approve an application based on its review of the projected development impacts and the proposed methods of mitigating such impacts upon a finding that the proposed development is in conformance with this By-law. The Planning Board may impose conditions on a site plan, which although in proper form, depicts a use or structure that fails to comply with the objectives required by this By-law and when, in the opinion of the Planning Board, such conditions will render the site plan in compliance with the objectives of this By-law. Such conditions may include, among other matters and subjects, the following: - Controls on the location and type of access to the site. - Requirements for off-site improvements to improve the capacity and safety of roads, intersections, pedestrian ways, water, sewer, drainage, and other public facilities which are likely to be affected by the proposed development. - Requirements for securing the performance of all proposed work, including proposed off-site improvements, by deposit with the Town's Treasurer of a performance bond, negotiable security, cash, or bank passbook in an amount determined by the Planning Board to be sufficient to cover the cost of all or any part of the improvements required as conditions of approval; - Conditions to minimize off-site impacts on traffic and environmental quality during construction. - Requirements for screening parking facilities from adjoining premises or from the street by walls, fences, plantings, or other devices to mitigate adverse impacts. - Conditions to mitigate adverse impacts to the neighborhood and abutters, including but not limited to adverse impacts cause by noise, dust fumes, odors, lighting, headlight glare, hours of operation. Development work shall conform fully to the approved Site Plan, associated conditions, limitations and safeguards. Any proposed changes to the approve Site Plan must be submitted for review by the Planning Board before such change is mad ll be provided coincident to the development of market-rate units, but in no event shall the development of affordable units be delayed beyond the schedule noted below: Market-rate Units % Affordable Housing Units % None required up to 30% at least 10% 30% plus 1 unit at least 30% up to 50% at least 50% up to 75% at least 70% 75% plus 1 unit 100% up to 90% Fraction of units shall not be counted. 19.7 LOCAL PREFERENCE The SPGA shall require the applicant to comply with local preference requirements, if any, as established by the Board of Selectmen. 19.8 MARKETING PLAN FOR AFFORDABLE HOUSING UNITS Applicants under this bylaw shall submit a marketing plan or other method approved by the SPGA which describes how the units will be marketed to potential home buyers or tenants. This plan shall include a description of the lottery or other process to be used for selecting buyers or tenants. The plan shall be in conformance with DHCD rules and regulations. f 19.9 PROVISION OF AFFORDABLE HOUSING UNITS OFF-SITE Subject to the approval of the SPGA, an applicant subject to this by-law may develop, construct or otherwise provide affordable housing units equivalent to those required by Section 19.5 off-site. All requirements of this bylaw that apply to on-site provision of affordable units, shall apply to provision of off-site affordable units. In addition, the location of the off-site units to be provided shall be approved by the SPGA as an integral element of the Special Permit review and approval process. 19.10 PROVISION OF FEES-IN-LIEU OF AFFORDABLE HOUSING UNITS As an alternative to the requirements of Section 19.5, and as allowed by law, an applicant may contribute a fee or land to a Norton Housing Trust Fund, established for the purpose of this by-law, to be used for the development of affordable housing in lieu of constructing affordable housing on-site or providing affordable units off-site. 19.10.1 Calculations of fees-in-lieu of units. The applicant for development subject to this by-law may pay fees in lieu of the construction or provision of affordable units. For the purpose of this by-law, the fee in lieu of the Which entity acts as the special permit granting authority for multi-family housing? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] Planning Board, The Planning Board acts as the special Permit Granting Authority in Norton for the construction of six (6) or more multi-family dwelling units. " "[INST] Context: permit granting authority under the same terms and conditions as specified in 4.4.9(b)(2) of this ordinance. (Ord. of 8-25-88, § 4) (3) Each unit must have a minimum lot size of not less than ten thousand (10,000) square feet in addition to common areas and roads except in the case of bonus densities granted under 4.4.9(c)(2) in which case minimum lot size will be not less than eight thousand (8,000) square feet in addition to common area and roads. (Ord. of 8-25-88, § 5) (4) Single-story houses shall not be entirely rectangular, but present a street facade varied by setbacks, porches, breezeways, garages, etc. (5) Roofs shall be pitched and shingled in a manner compatible with one family dwellings. (6) The narrow end of a rectangular house may not face the street unless a garage and/or breezeway creates a larger facade. (d) Procedures. (1) Pre-application Conference: A developer desiring to obtain a special permit to construct a planned residential development shall request a pre-application conference with the planning board prior to submitting an application for the special permit. At the pre-application conference, the planning board shall familiarize the developer with the process for obtaining a special permit for a PRD and explain to him issues that shall be considered in planning the project. (2) Submission of Definitive Plan: a. The applicant shall submit to the special permit granting authority an application for a special permit hereunder accompanied by the original of the definitive plan. Seventeen (17) copies of the application and definitive plan shall also be filed in the city clerk's office. A fee of one hundred dollars ($100.00) by bank or certified check payable to the City of Peabody shall accompany the submission of the application and plan. In addition, the applicant shall pay the cost of advertisement and notification of all ""parties in interest"" as defined in G.L., c. 40A, §11. b. The city clerk shall transmit a copy of the definitive plan to the planning board, conservation commission, requirements. (1) Multistory developments can include multiple-family dwellings, multistory single family cluster developments, or public housing. (2) The site shall have not more than eight (8) dwelling units/acre. A bonus density of not more than two (2) dwelling units/acre for a total maximum often (10) dwelling units/acre may be granted as a condition of the special permit provided that a minimum of ten (10) percent of the dwelling units provided at the site are assured to be sold or leased on terms affordable to individuals or households with incomes not exceeding those defined as ""moderate income"" by the Massachusetts Executive Office of Communities and Development or comparable governmental agency acceptable to the special permit granting authority. The assurances, referred to in the previous sentence shall be in the form of a covenant or other means acceptable to the special permit granting authority and shall be in full force and effect for a period of not less than ten (10) years from the date of the first sale, lease or transfer of said units. (Ord. of 8-25-88, § 3) (3) The facade of multistoried buildings shall be broken up by architectural detailing such as window protrusions, balconies, overhangs. (4) Buildings shall be sited to allow maximum amount of light to reach individual units. (c) Single-story/single-family development requirements. (1) Single-story developments may include detached site built houses, detached one unit modular homes assembled on site, or one story single-family cluster developments. All must have foundations and be permanently affixed. (2) The site shall have not more than a maximum of four (4) single-story detached dwelling units/acre. A bonus density of not more than one (1) unit per acre for a total maximum of five (5) dwelling units/acre may be granted by the special permit granting authority under the same terms and conditions as specified in 4.4.9(b)(2) of this ordinance. (Ord. of 8-25-88, § 4) (3) Each unit must have a minimum lot size of not less than ten thousand requirements set forth in this ordinance for lots set forth on a plan where one (1) or more of the lots as shown fail to meet said frontage requirements, and where the applicant intends subsequently to submit said plan to the planning board for an endorsement indicating that approval of said plan under the subdivision control law is not required, Massachusetts General Laws, Chapter 41, Sections 81L, 81P, shall proceed as follows: (a) The applicant shall simultaneously with his application for a variance submit the plan to the planning board for their review and recommendation pertaining to varying the frontage requirements prescribed by this ordinance. (b) The planning board within twenty-one (21) days of presentation may issue a recommendation in writing to the board of appeals. (c) Failure of the planning board to issue a written recommendation within the twenty-one-day period shall be deemed a waiver of the requirements of this section. (d) In the absence of said recommendation, the applicant shall certify in writing under the pains and penalties of perjury that the planning board has failed to issue such a recommendation within the time period set forth in this section. The recommendation of the planning board shall not be binding upon the board of appeals, but said recommendation shall be part of the public record of the hearing. (Ord. of 9-25-8G, § 1) 7.7 CITY COUNCIL 7.7.1 Powers and duties. The city council shall have all the power and perform all of the duties conferred or imposed upon it under Massachusetts General Laws, Chapter 40A, as a special permit granting authority and assigned to it by the provisions of this ordinance as follows: Special permits: To hear and decide an application for a special permit as provided in this ordinance, only for uses in specified districts which are in harmony with the general purposes and intent of this ordinance and which shall be subject to any general or specific rules prescribed herein and to any appropriate conditio ng for one family in a connected row of three (3) or more dwellings, where one family is not living over another. MUNICIPAL PROPERTIES REUSE DEVELOPMENT (MPRD) : A municipal properties reuse development shall mean the development of municipal properties no longer serving a municipal purpose, as a single entity, in which a mixture of residential, open space, commercial, and light industrial uses, and a variety of building types and designs, are determined to be sufficiently advantageous to render it appropriate to grant a special permit to the extent authorized by this zoning ordinance. (Ord. of 9-16-82, § 1) NATURAL WOODLANDS : A grouping of mature indigenous trees with a minimum density of twenty (20) trees of six (G) inches' diameter or greater per ten thousand (10,000) square feet throughout (Ord. of 5-9-97, § 1) NEIGHBORHOOD BUFFER : A landscaped area sufficient in depth and screening to visually separate one land use from one another. (Ord. of 5-9-97, § 1) NURSING HOME : Any place or institution for the aged, infirm, chronic or convalescent whether conducted for charity or for profit which is established to render domiciliary care, custody, treatment or lodging for three (3) or more unrelated persons who require or receive assistance in ordinary daily activities of life or who are confined to bed or chair. (This term includes boarding and rooming houses for aged people, convalescent homes, rest homes, homes for the aged or infirm and convalescent homes for children, but does not include hospitals, clinics and similar institutions devoted primarily to the diagnosis and treatment of disease, injury, maternity cases or mental illness.) ONE-FAMILY DWELLING : A detached dwelling designed for and occupied by a family excluding mobile homes. (Ord. of 5-10-84, § 4) ORNAMENTAL TREE : A small to medium size deciduous tree, noted for its form, leaf color, texture, flowers, or fruit, used to provide vegetative screening along a driveway, beside a building, or within a landscaped buffer. (Ord. of 5-9-97, § 1) OVERLAY ZONE pplication by the planning board, and they shall make a recommendation as they deem appropriate to the city council; provided, however, that if the planning board fails to make recommendations within twenty-one (21) days after their public hearing, the city council shall take their action on the application without benefit of planning board recommendation. Each application shall be filed with the special permit granting authority designated in paragraph #1 of this section and copies thereof, together with copies of the site plan, shall be transmitted forthwith by petitioner to the city clerk, city council, planning board, conservation commission, community development authority, board of health and department of public services. The special permit granting authority shall hold a public hearing within sixty-five (65) days of the filing date and shall render a decision within ninety (90) days from the date of the public hearing. Notice of the public hearing shall be in accordance with the requirements of Massachusetts General Law of Chapter 40A, section 11. The city council, planning board, conservation commission, community development authority, board of health, department of public services and other interested officials or departments of the city may, in their discretion, investigate the proposed special permit use and site plan and report in writing recommendations to the special permit granting authority, provided, however, that if such reports and recommendations are not received at the time of public hearing, the special permit granting authority may act without the submission of such reports and recommendations. Failure to take action within the said ninety (90) day period shall be deemed to be a grant of the special permit applied for subject to the requirement of Massachusetts General Laws Chapter 40A, section 9. (Ord. of 5-10-84, § 35; Ord. of 11-21-9G, § 7) 7.8 SEPARABILITY The invalidity of any section or provision of this ordinance shall not invalidate any other section or provision t Which entity acts as the special permit granting authority for multi-family housing? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] City Council, The city council has all the power and perform all of the duties conferred or imposed upon it under Massachusetts General Laws, Chapter 40A, as a special permit granting authority in Peabody. " "[INST] Context: r, 1990) (Amended A.T.M. June 7, 1999) (Amended A.T.M. June 6, 2005) 1.4 Board of Appeals There is hereby established a Board of Appeals of five members and three associate members to be appointed by the Selectmen, as provided in Chapter 40A of the General Laws, which shall act on all matters within its jurisdiction under this By-Law in the manner prescribed in Chapter 40A of the General Laws. The Board of Appeals shall have the following powers: 1.4.1 Appeals The Board of Appeals shall hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of Chapter 40A of the General Laws, by the regional planning agency or by any person including an officer or board of the Town, or of an abutting city or town aggrieved by an order or decision of the Building Inspector or other administrative official in violation of any provision of said Chapter 40A of this By-Law. The Board of Appeals established under this section shall be the permit granting authority provided under the provisions of MGL Chapter 40A with authority to hear and decide applications for permit requiring the waiver of strict compliance or the combination or replatting of lots as provided in Sections 2.5.4. and 2.5.5. of this By-Law. Such exceptions to the requirements of this By-Law may be granted provided the Board of Appeals finds that such a grant: 1. Would not in any substantial sense be detrimental to the immediate neighborhood; and 2. Would not in any substantial sense depreciate property values in the same neighborhood. 1.4.2 Special Permits Except as may be provided otherwise in this By-Law, the Board of Appeals established under this section shall be the special permit granting authority under this by-law and shall hear and decide applications for special permits subject to the special and general conditions of this by-law. No special permit may be issued except following a public hearing held within s ng. 2. The notice of the public hearing shall also be given, at the applicant's expense, by mail, postage prepaid, to ""parties in interest"" as defined in said Section 11 of Chapter 40A. ""Parties in interest"" shall mean the applicant, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred (300) feet of the property line of the applicant, as they appear on the most recent applicable tax list, the planning board of the Town, and the planning board of every abutting city or town. The Town's Board of Assessors shall certify to the special permit granting authority the names and addresses of the parties in interest, and such certification shall be conclusive for all purposes. 3. The notice shall contain, at a minimum, the name and address of the applicant, a description of the area or premises, street address, if any, or other adequate identification of the location of the area or premises which is the subject of the petition, the date, time, and place of the public hearing, the subject matter of the hearing, the nature of the action or relief requested, and the place where the records of the filing may be viewed. 4. The SPGA shall forward two (2) copies of the site plan and/or supporting materials to the Planning Board, and to other Boards as deemed appropriate by the SPGA, for review and comment. The Boards shall review and make such recommendation as they deem appropriate, and shall send a copy thereof to the SPGA. Failure of the Boards to make such recommendations with thirty-five (35) days of receipt of material from the SPGA shall be deemed lack of opposition thereto. The SPGA shall take into consideration the recommendation of the Boards in acting upon the application for a special permit. 5. Failure by the special permit granting authority to tale final action on an application within ninety (90) days of the date of the public hearing o be allowed for the transfer of the unit to another eligible occupant. C. Density Incentives (1) Basic Senior Village Bonus. A Senior Village's base density is defined as four housing units per gross site acre except where noted above. To qualify as a Senior Village, a proposal shall, at a minimum: (a) set aside five percent (5%) of the total number of dwelling units provided on the site as affordable housing as defined in this Section; and (b) provide a minimum of thirty percent (30%) of the lot area as permanent, protected open space conforming to the open space standards as set forth in this Section. The minimum 30% open space requirements may be waived by the Board if the proposed Senior Village is within the RD General Residential District and includes the rehabilitation or renovation of a certified, historic or architecturally significant structure for use as senior housing. This enhanced base density for Senior Villages may be further increased according to the provisions below pertaining to: additional affordable housing; additional open space dedication; and rehabilitation of existing buildings. (2) Additional Affordable Housing. In addition to the minimum requirement of five percent (5%) on-site affordable housing, a density increase is permitted where proposals provide on-site housing opportunities for low or moderate income senior households. For the purpose of this Section, affordable housing shall be defined as dwelling units that are sold to, and occupied by, households earning up to 80% of the median area household income, as such median is defined by the United States Department of Housing and Urban Development (HUD). Affordable units shall, by deed restriction, remain affordable in perpetuity. The Planning Board will require that the Developer provide legally enforceable assurances, which are acceptable to the Planning Board, that the-affordable dwelling units will continue to be affordable in perpetuity. Affordable units shall be dispersed throughout the Senior Village and shall be externally indistinguishable from the ma ice, including copies of any plans, of cases where land that has been previously divided within the calendar year, is having additional lots being created within the same calendar year. E. Applicability, Effect and Definitions (a) For the purpose of this section, a calendar year will run from January 1st of a given year to January 1st of a following year. (b) For the purpose of this section, percentage shall be rounded to the nearest whole number. (c) For the purpose of this section, the following terms shall have the following meanings: (1) DEVELOPMENT shall mean a single parcel or set of contiguous parcels of land held in common ownership at any time on or after the date of adoption of this section, for which one or more building permits will be sought. (2) PHASE DEVELOPMENT SCHEDULE shall mean a schedule authorized by the Planning Board in accordance with Subsection F of this section. F. Phase Development Schedule For lots created through the division of land, of five (5) lots or greater, the Building Inspector shall only issue building permits (and other associated permits) for construction of new residential dwellings in accordance with the following phase development schedule: Number of Lots Building Permits issued per year Conventional Subdivision Development 5-19 up to 5 lots 20% of total 20 + Residential Cluster Development 5-19 up to 10 lots 20 + 25% total 2.15 Senior Village Overlay District A. Purpose A Senior Housing Development (SHD), as approved by the Special Permit Granting Authority (Planning Board ), is intended to provide a type of housing which reduces residents' burdens of property maintenance and which reduces demands on municipal services; to promote flexibility in land use planning in order to improve site layouts; to protect natural features and environmental values of land; and to utilize land in harmony with neighboring properties; encourage creative and innovative site planning and design in order to enhance the attractiveness and suitability of smaller homes as a prefer 8. SPECIAL PERMITS The Board is the special permit granting authority for all uses authorized in the Plainville Zoning By-Laws. The Applicant shall submit sufficient information, clearly and factually supported, to justify the issuance of a Special Permit. The Applicant shall: Identify the particular use and extent of activity proposed for the land and buildings, if any; Show that the authorization sought will be desirable and without substantial detriment to the public good; Support a finding that the relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Zoning By-Law. The Board shall determine that the use shall not be noxious, harmful or hazardous and that the use shall be socially and economically desirable and shall meet an existing or potential need. The beneficial effects upon the neighborhood and environment must outweigh the detrimental effects of development which could occur if the Special Permit were denied, and no reasonable alternative to accomplish the Applicant's purpose will be more compatible with the character of the neighborhood. The Board shall grant no Special Permit without consideration of site plans concerning the following if appropriate: 1. The extent of impervious areas, water supply, drainage and the layout and design of disposal facilities. 2. Provisions and conditions designed to prevent or correct conditions detrimental to water resources, health, safety and welfare. 3. Provisions and conditions to prevent pollution of ground and surface waters. The Board may refer applications to the Boards and officials for review and recommendations. An approved site plan, unless expressly waived, shall be a condition to all Special Permits. Such site plan shall be prepared by a Registered Engineer or a Registered Land Surveyor, at a scale of eigh Which entity acts as the special permit granting authority for multi-family housing? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] Board of Appeals, The Board is the special permit granting authority for all uses authorized in the Plainville Zoning By-Laws." "[INST] Context: ing Board shall evaluate the proposal with regard to the conditions and standards set forth herein and in the Rules of the Board of Appeals and shall submit an advisory report in writing to the Board of Appeals. The Planning Board shall forward, with its report, copies of all recommendations received from other boards, commissions or departments. The Planning Board shall send a copy of its full report and recommendations including copies of those received by it to the applicant. The Board of Appeals shall not render a decision without considering the report of the Planning Board unless thirty (30) days expire without the receipt of such report. E) A public hearing shall be held as prescribed in Section 202.03. F) The Special Permit Granting Authority shall make a decision on the Special Permit within ninety (90) days following a public hearing for which notice has been given, The time limit for public hearings and taking of action by the Special Permit Granting Authority may be extended by written agreement between the petitioner and the Special Permit Granting Authority, with a copy filed with the Town Clerk. With respect to each special permit, the Special Permit Granting Authority shall establish a reasonable period, riot to exceed two (2) years, after which, if substantial use or construction permitted by the permit has not been commenced and is not continued, The special permit shall expire. This time period win begin on the date on which the permit is filed with the Town Clerk. The time period shall automatically be extended by the amount of time required to pursue and await the determination of an appeal. G) The decision of the Special Permit Granting Authority shall be distributed as follows: 1) Copies of its decision together with the detailed reasons therefore shall be filed with the Town Clerk, the Planning Board and the Building Inspector; 2) A certified copy of its decision shall be mailed to the owner and to the applicant if other than the owner; 3) A notice of the decision shall be se ign Conditions and procedures as specified in Section 205. A) Special Permit For a P.U.D. Master Plan Required. All P.U.D.'S over fifty (50) acres in size must be designed and built in phases. No phase may be granted a special permit subject to Environmental Design Conditions until a special permit for a P.U.D. master plan has been granted. No special permit subject to Environmental Design Conditions shall be issued for a phase which does not conform to the original special permit for a P.U.D. master plan unless said original permit is appropriately modified and reissued by the Board of Appeals. A.special permit for a P.U.D. master plan shall not entitle the applicant to any building permits but is a necessary prerequisite to any special permit for any phase of construction. B) Application for Special Permit for a P.U.D. Master Plan Following initial submission to the Building Inspector as specified in Section 201, a plan shall be filed with the Town Clerk and the office of the Board of Appeals with all information required as follows: 1) The entire area of land to be developed including all adjacent land owned by the applicant, and all land under option to purchase agreement by the applicant, and all land owned by the applicant within 1,000 feet of the proposed P.U.D. 2) The topography of the land to be developed at 5' - 0"" contours, vegetative cover, soil types, wetlands and water bodies, roads and ways, the general location, size and shape of structures to be removed and the exact location, size and shape of structures to remain, and generalized planting plans. 3) The general land area, number of buildings or units within building and approximate floor area ratio shall be specified for the total site, for all common land, and for each area devoted to a different type of building or use, as delineated on the plan (see Section 310.03). 4) The general location, size, and intended use of all common open space and common facilities and the firm or organization intended to own and/or maintain same. 5) and other pertinent features of the plan. 3) The Building Inspector or other appropriate agents of the Town may advise the applicant as to the following: +++General suitability of the site and location of the proposed development: +++Suitability of the basic design concept, including land use, circulation, and open space; +++The appropriateness of the intensity of development, overall and in specific sectors; +++Appropriate treatment of the natural features of the site and requirements concerning their protection and advisory review by the Conservation Commission; +++Requirements concerning design and siting of structures and accessories, and advisory review by the Design Review Board; +++Information required for proper application to the Board of Appeals for Special Permit. 4) The Building Inspector shall transmit copies of the schematic plan to the Planning Board and may advise the applicant of a suitable time for submitting the application for special permit to the Board of Appeals. C) Final Submission to Building Inspector Once a special permit has been issued by the Board of Appeals the application for a zoning permit shall be filed again with the Building Inspector accompanied by the definitive plan, if any, approved by the Board of Appeals. In cases where the setbacks of single family houses have been prescribed in the special permit, the Building Inspector shall verify that the zoning permit application for each lot is in conformity with the special permit. 201.04 Expiration of Permits. A) Zoning Permits. If the use or construction described in any zoning permits has not begun within one (1) year of the date of issue, and, in the case of construction, is not continued through to completion as continuously and expeditiously as possible, the permit shall expire and the Building Inspector shall given written notice thereof to the persons affected. Work shall not proceed until a new zoning permit has been issued in conformance with the Zoning Bylaw in effect at the time of reissue. B) Building Permits. If the use or construction authorized by elopment consistent with the availability and adequacy of public facilities necessary to support development and to protect the public health, safety and welfare. The phasing of development, based on public facility conditions, will provide for orderly growth and development to meet projected demands while discouraging sprawl and leapfrog development patterns which create service inefficiencies, increase costs and cause scattered facility demands. Thus, for certain residential uses prescribed by Zoning District in part IV of the Zoning Bylaw, the Planning Board shall not grant a special permit unless the specified Adequate Facility Conditions are satisfied. This section is intended to provide for a detailed review by the Planning Board, aided by other Town boards, or residential uses at densities which will have a significant impact on the health, safety, and general welfare of the Town and its inhabitants due to their location and impact on or need for supporting public facilities. This provision is adopted pursuant to the authority of and purposes specified in the Zoning Act (Chapter 40A, Massachusetts General Laws annotated) which empowers Towns, among other things, to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other requirements; to conserve natural resources; and to encourage the most appropriate use of land throughout the community. B. Special Permit Required for Village Density Development 1. Except for cases specifically exempted below, prior to the issuance of any zoning permit for village density development, the applicant shall be required to obtain a special permit from the Planning Board. This requirement shall apply to developments approved after the effective date of this bylaw other than those exempted by state statute. 2. Inapplicability: This bylaw shall not apply to developments of one or more single-family units at a net density of one unit per sixty thousand (60,000) square feet or less: provided, however, that such de the Planning Board and the Building Inspector; 2) A certified copy of its decision shall be mailed to the owner and to the applicant if other than the owner; 3) A notice of the decision shall be sent to the parties of interest and to persons who requested a notice at the public hearing; In addition: copies of the detailed record of its proceedings indicating the vote of each member and setting forth the reasons for said vote shall be filed at the office of the Town Clerk within 14 days of the said decision and all of the above shall be completed within 90 days after the public hearing date. H) No special permit shall take effect until notice of approval is recorded with the title of the land in question in the Plymouth County Registry of Deeds or the Plymouth Land Registry District and until a certified copy of said recording is transmitted to the Board of Appeals by the Registry. The responsibility and the cost of said recording and transmittal shall be borne by the owner of the land in question. A.petitioner, who seeks approval because of the special permit granting authority's failure to act on an appeal, variance, or special permit, must notify the Town Clerk in writing within fourteen (14) days from the expiration of said time limit for a decision, of such approval and that notice be sent by the petitioner to the parties in interest by mail which shall specify that appeals, if any, shall be made pursuant to section seventeen of M.G.L. Chapter 40A and shall be filed within twenty (20) days after the date of filing the request for approval with the Town Clerk by the petitioner. 205.02 Conditions and Safeguards A) The Board of Appeals shall not grant any Special Permit unless necessary conditions are satisfied, including but not limited to the following: 1) The proposed use is appropriate in the Zone and specific site in question, more particularly to promote the most appropriate use of land throughout the Town in accordance with a comprehensive plan, **Webmasters Note: The prev Which entity acts as the special permit granting authority for multi-family housing? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] Board of Appeals, The Planning Board is responsible for evaluating proposals for multi-family housing developments and making recommendations to the Board of Appeals. The Board of Appeals has the final decision-making authority, but it cannot render a decision without considering the report of the Planning Board. This means that the Board of Appeals is the special permit granting authority. " "[INST] Context: fied within this bylaw which shall only be permitted upon issuance of a special permit. Special permits may be issued only for uses which are in harmony with the general purpose and intent of the bylaw, and shall be subject to the specific provisions established herein. Such permits may also impose conditions, safeguards, and limitations on time or use. B. Granting authority. (1) The Zoning Board of Appeals is designated as the granting authority for special permits as required under Article IV, Schedule of Permitted Uses, Uses Requiring Special Permit (except for Planned Unit Developments), § 415-22E, Land alteration regulations, and § 415-38, Shopping centers. Special permits may be granted upon application to the Zoning Board of Appeals and after consideration of recommendations as appropriate from other Town Boards and Agencies. (2) The Planning Board is designated as the Special Permit Granting Authority for Special Permits as required under Article VII, Planned Unit Developments, and Article IX, Planned Residential Development for Seniors, and as the reviewing authority for action under Article VIII, Site Plan Review. (3) The Special Permit Granting Authority shall adopt and from time to time amend rules relative to the issuance of such permits, and shall file a copy of said rules in the office of the Town Clerk. (4) There shall be one associate member of the Planning Board, who shall be eligible to participate solely in matters in which the Planning Board is acting as the Special Permit Granting Authority, in accordance with MGL c. 40A, § 9. The chairman of the Planning Board may designate the associate member to sit on the Planning Board for the purposes of acting on a special permit application, in the case of absence, inability to act, or conflict of interest, on the part of any member of the Planning Board or in the event of a vacancy on the Planning Board. The associate member shall be appointed for a two-year term by the Board of Selectmen, in accordance with § C-2.02K of the Town Charter and § 139-2E of the Town Bylaws. [Added 5-5-2008 ATM, Art. 68] C. In considering each application for a special permit, the granting authority shall: (1) Conduct a public Hearing held within plication for special permit for the accessory apartment and the owner/applicant shall continue to reside in the main dwelling throughout the duration of the Special Permit. C. Only one accessory apartment shall be permitted per single family house. D. Other than handicapped access, no exterior alteration can change the appearance of the dwelling as a single family home. E. Any additional parking areas shall be accessed by the driveway serving the main dwelling. F. The accessory apartment shall contain a minimum of 400 square feet and a maximum of 650 square feet of dwelling area: The accessory apartment shall be located only within the existing habitable structure, or within an addition to the existing habitable structure, subject to the provisions of Subsection I. [Amended 5-14-2001 ATM, Art. 48] G. All Board of Health and Building Code criteria must be met. H. The occupants of the accessory apartment must be related to the owner/occupant of the main dwelling as either mother, father, stepmother, stepfather, child, stepchild, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild. The owner/occupant shall state the name(s) of the proposed tenants and their relationship on the application for Special Permit. I. Any increase in size of the main dwelling unit shall be limited to 5% of the existing habitable living space of that dwelling and shall meet all zoning requirements. J. The Special Permit shall terminate upon any of the following events: (1) Sale of the premises. (2) Residence by a person not named in the Special Permit, except residence of the new born child, adopted child, or a person caring for the tenant such as a nurse, nurse's aide or other health care worker or caretaker. (3) Residence by a boarder or lodger in either the main house or accessory apartment. (4) The death of a single tenant named as the sole tenant on the application for a Special Permit. K. Upon the termination of the Special Permit, the residence sha s entirety: ""The Planning Board is designated as the Special Permit Granting Authority for Special Permits as required under Section V (H) Planned Unit Developments and Section V (N) Planned Residential Development for Seniors, and as the reviewing authority for action under Section V (I) Site Plan Review."" (3) Section V: Building, Lot and General District Regulations: Add the following, to be designated as Section V (N) ""Planned Residential Developments for Seniors"": N. PLANNED RESIDENTIAL DEVELOPMENT FOR SENIORS Planned Residential Development for Seniors (PRDS) may be allowed in appropriate areas of any approved R-1 Residence, R-2 Residence, R-3 Residence, or R-4 Residence District by Special Permit oily front the Planning Board as the Special Permit Granting Authority (SPCA). and must meet the following development standards: 1. Purpose To provide necessary housing for seniors fifty-five t55) years of age or older in order to retain valuable familial and monetary resources to the Town. 2. Definition and Occupancy Qualification A PRDS is a development maintained and/or operated as a single unit, containing attached or detached buildings intended for housing persons aged fifty-five (55) years or older, within the meaning of M.G.L. Chapter 151 B and 42 U.S.C. 3607, and operated in compliance with the regulations of said statutes and corresponding regulations. Residents of a PRDS shall all be fifty-five years of age or older, provided, however, that the SPGA may grant a waiver from this requirement for a spouse who is less than fifty-five years of age. 3. General Size of PRDS a. Plot and lot sizes and dimensions, and the location and height of buildings, if meeting the standards of this By-Law, may be freely disposed and arranged provided the construction conforms to comprehensive plans approved, pursuant to this By-Law, by the SPGA. In reviewing and approving all plans, the SPGA, in addition to the standards set forth herein, shall utilize the Town standards of subdivision control as well as the opinions of the Town Engineer, the Town Planning Consultant and the To § 415-30. Minimum required upland. [Amended 5-17-1999 ATM, Art. 28] Lots in any District must contain a minimum of 22,000 square feet of land that is not a body of water, an area protected under MGL c. 131, § 40 (the Wetlands Protection Act), including any bank, river, riverfront, wetland, beach, dune, flat, marsh, meadow or swamp. § 415-31. Swimming pool fencing and setbacks. [Added 6-6-1994 ATM, Art. 30; amended 5-12-2003 ATM, Art. 48] All fences required by the Inspector of Buildings to be installed around swimming pools, shall be maintained and repaired in good condition. Any component of an in-ground or above ground swimming pool including but not limited to decks, aprons or overhangs shall set back a minimum of five feet from all property lines. § 415-32. Accessory apartment within single-family dwelling. [Added 6-6-1994 ATM, Art. 26; amended 5-19-1997 ATM, Art. 52; 5-17-1999 ATM, Art. 29] The Zoning Board of Appeals may authorize an accessory apartment within a single family by Special Permit in all residential and business districts provided that the Board finds the following criteria have been met. A. The dwelling must be in existence for a minimum of 24 months, and must not have been substantially altered for 24 months prior to filing the application for a Special Permit. Provided that if there is an existing in-law apartment in a dwelling which was constructed under a Special Permit prior to the adoption of this accessory apartment regulation, the twenty-four-month period shall not apply and the accessory apartment shall be governed by the dimensional requirements of the original Special Permit. [Amended 5-13-2002 ATM, Art. 22] B. The owner/applicant shall have continuously resided in the main dwelling for a least 24 months prior to filing the application for special permit for the accessory apartment and the owner/applicant shall continue to reside in the main dwelling throughout the duration of the Special Permit. C. Only one accessory apartment s nding the decision of the Board, the stop order shall remain in effect and all activity under the permit shall be suspended. (5) A special permit granted under this section shall lapse if a substantial use there of has not commenced, or in the case of a special permit for construction, has not begun, within two years of the date of the permit, notwithstanding the provision of MGL c. 40A, § 9. E. Permits by zoning enforcement officer in certain emergencies. Where an existing and occupied dwelling or structure has been accidentally damaged or destroyed by fire or other cause, the Zoning Enforcement Officer may issue a permit to the affected occupants for their temporary use of a mobile home, or other suitable shelter, on the premises so damaged or destroyed. Such permit shall be issued only to alleviate the immediate hardships caused by the unforeseen emergency, shall not be transferable, and neither the original permit nor any renewals thereof shall extend the use beyond six months from the date of the accidental loss, and shall be on such terms and conditions as the said Officer may prescribe. F. Provisions relating to conversions and/or renovations of existing factories or other industrial building or buildings in the I-1 zoning district. [Added 5-7-2007 ATM, Art. 36] (1) It is the intent and purpose of this section to provide a method to rehabilitate, renovate and/or convert old, decaying, under utilized, abandoned or decrepit factories or other industrial buildings with the I-1 zoning district to multifamily residences, or multifamily residences and uses otherwise allowed in the zoning district by right or by special permit. (2) Conversion, rehabilitation and/or renovation of factories or other industrial building or buildings will be allowed under the Special Permit process pursuant to this section provided that: (a) Exterior design shall be in harmony with neighborhood and general character of the Town; (b) Landscaping will be included in the conversion to enhance conversation; (c) Each dwelling unit's floor area will not be less than 650 square feet; and (d) The other applicable provisions of this section are compiled with. Notwithstanding anything contained in § 415-22F of Which entity acts as the special permit granting authority for multi-family housing? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] Zoning Board of Appeals , The Zoning Board of Appeals is designated as the granting authority for special permits as required under Section IV, Schedule of permitted Uses, Uses Requiring Special Permit (except for Planned Unit Developments), Section V (A) 4 (a) Land Alteration Regulation, and Section V(F) Shopping Centers. This would include multifamily housing. " "[INST] Context: SECTION 2.0 SPECIAL PERMIT RULES AND REGULATIONS 2.1. General Information 2.1.2 The Planning Board encourages a meeting between the applicant/developer and the Planning Board, prior to submission of the Application for Special Permit. 2.1.3. The purpose of this meeting would be to aid the applicant in completing the application, to discuss the proposal, and to discuss any waivers which may be applicable to the applicant/developer. 2.1.4 Procedure for submission, review, and action of an Application for Special Permit shall be in accordance with M.G.L. Chapter 40A. SECTION 7.0 FINAL ACTION 7.1 The Planning Board's final action shall consist of either: a.)approval of Special Permit as suitable and in compliance with the criteria of these Rules and Regulations. b.) approval of the Special Permit, with any conditions, modifications, and restrictions as the Planning Board may deem necessary. c.) a written rejection, stating the reasons for denial SECTION 8.0 ENFORCEMENT 8.1 The Special Permit will elapse within two years of date of issuance, 8.2 The Planning Board may periodically amend or add rules and regulations relating to ighborhood; (h) the impact of the proposed use on adjacent properties and the neighborhood; and (i) any other criteria specified by other sections of this Bylaw, applicable to the proposed use. 7.8.2.2 The provisions of section 7.8.2.1 shall not apply to special permits issued under sections 4.11.4.3, 6.1.1.2(b), 6.6, 8.6.5, and 8.8.3. 7.8.2.3 The SPGA may impose such conditions on the special permit as it deems necessary to protect the Town, the public, or other properties in the area from detrimental impact. The conditions that may be imposed include, but are not limited to, conditions relating to noise, traffic control, dust control, sanitation, number of occupants, hours of operation, deliveries, water quality testing and monitoring, police details, and performance bonds. 7.8.3 Miscellaneous Provisions 7.8.3.1 The SPGA shall issue special permits in accordance with M.G.L., Ch. 40A, § 9. In deciding whether to issue a special permit, the SPGA shall consider any comments or recommendations submitted by other town departments, boards, or commissions. 7.8.3.2 The SPGA may, after notice and hearing, adopt rules and regulations specifying the content and number of required plans, application procedures, filing and review fees, design and development standards, and other general requirements to be applied with respect to the proposed use. 7.8.3.3 The Board of Selectmen may appoint a resident of the Town to serve as an associate member of the Planning Board for a two-year term. The Chairperson of the Planning Board may appoint the associate member to act on special permit applications, in the case of absence, inability to act, or conflict of interest, on the part of a regular member of the Planning Board, or in the event of a vacancy on the Board. 7.8.3.4 Any special permit granted under the provisions of this Bylaw shall lapse within a period of two years from the grant hereof, if a substantial use thereof has not sooner commenced or, in the case of a permit for construction, if construction has not begun by such date, except for good cause shown, and provided further that such two-year period shall not include the time required to pursue or await the determination of a r of units will qualify as affordable dwelling units. If the documentation appears complete and adequate, the Board of Selectmen shall file an application with the DHCD for approval of the units as Local Initiative Units. Pursuant to the provisions of 780 C.M.R. § 120.1, an occupancy permit may not be issued for any of the dwelling units created by the development until the DHCD notifies the Town in writing that the requisite number of units qualify as Local Initiative Units under 760 C.M.R. § 45.03. 6.3 Conversion of Existing Buildings 6.3.1 A building in existence on May 1, 1981, may be converted into one (1) or more dwelling units than it originally contained, subject to the criteria and conditions specified in this section. The provisions of this section do not apply to building conversions approved under sections 6.2 or 6.7. 6.3.1.1 Minimum Lot Area. 6.3.1.1.1 In addition to the lot area required in Section 6.1.1. there shall be five thousand (5000) square feet for the second dwelling unit contained in a structure. For each additional unit the requirements of 6.2.1.1 shall be met. 6.3.1.2 No existing building shall be divided to contain more than two (2) dwelling units unless the Applicant complies with the requirements of sections 6.2. or 6.7. 6.3.1.3 The Board of Appeals may grant a permit for less that the required lot area for an existing building being converted to more than one (1) dwelling unit or for a multi-family dwelling provided that: 6.3.1.3.1 The Board of Health has approved the sewage disposal system in writing; 6.3.1.3.2 No more than twenty-five percent (25%) of the lot area is covered by structures; 6.3.1.3.3 There is at least one (1) off-street parking space for each bedroom and efficiency apartment contained in the structure; 6.3.1.3.4 There is a provision for screening by fencing or landscaping of outside storage areas; 6.3.1.3.5 The building is served by municipal water. 6.3.1.4 Minimum Floor Area 6.3.1.4.1 The structure to be converted shall contain at least e t the provisions of this section 5.3.2 shall not apply to more than three of such adjoining lots held in common ownership. 5.3.3 Construction or operations under a building or special permit shall conform to any subsequent amendment of the Bylaw, unless the use or construction is commenced within six (6) months after the issuance of the permit and, in cases involving construction, such construction is continued through to completion as continuously and expeditiously as is reasonable. 5.4 Changes to Non-Conforming Single-Family Residential Structures 5.4.1 The Board of Appeals, or a Zoning Administrator appointed by the Board pursuant to M.G.L. 40A, § 13, may approve, without the necessity of a public hearing, the changes to nonconforming single family residential structures described in this section 5.4.1. Specifically, the Board or a Zoning Administrator may approve (1) the alteration, reconstruction, or extension of a nonconforming single-family residential structure, or (2) the alteration, reconstruction, or extension of any existing (or the construction of any new) attached or detached structure that is accessory to such nonconforming single-family residential structure, but only if (a) no part of the proposed alteration, construction, reconstruction, or extension will be located within the minimum set-back area established by section 6.1.3.1 of these by-laws, and (b) the proposed alteration, construction, reconstruction, or extension will not result in, or increase, the structure's nonconformance with the lot-coverage or building-height limitations established, respectively, by sections 6.1.5.2 and 6.5.1 of these by-laws. 5.4.2 Changes to nonconforming single-family residential structures which are not authorized by section 5.4.1 of these by-laws may be approved only by the Board of Appeals pursuant to a public hearing. In deciding whether to approve such changes, the Board will first determine whether the proposed alteration, construction, reconstruction, or extension of a nonconforming single-family residential structure or accessory structure will increase the nonconforming nature of such structure. If the Board determines that there will be no increase in Which entity acts as the special permit granting authority for multi-family housing? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] Planning Board, Based on the provided context, the Special Permit Granting Authority for Multi-Family Housing is the Planning Board, which handles special permits for any allowed use in Rowley. " "[INST] Context: ed districts after holding a public hearing. k. Notwithstanding anything in these zoning regulations to the contrary, sales of individual dwelling units in multifamily dwellings or otherwise, constituting townhouses, row houses or attached houses or the like, may be made without compliance with the residential density regulations appearing in this ordinance, excepting only that a minimum lot area of each dwelling unit shall be one thousand (1,000) feet. (6) Notwithstanding the ""specifically excluded"" list of uses specified in paragraphs (b) and (c) of this section, certain other uses will be allowed by special permit for certain multifamily complexes. Therefore, multifamily (apartment) buildings and developments complying with the following basic minimum requirements may have the hereinafter permissive special permit uses built and occupied as part of the development: a. The hereinafter listed special permit uses may be built and occupied by a special permit issued by the board of appeals as required by section 9-4 hereof. The basic minimum requirement shall not be changed. If any change in the basic requirement is made, the special permit use shall cease forthwith. The basic requirements are: 1. There shall be a minimum of one hundred fifty (150) dwelling units in the building or buildings. 2. The ownership title to all buildings and all land shall be held in a single ownership, either by a corporation or an individual. 3. All multifamily buildings shall be built and so located that no other type of building except a multifamily dwelling shall occupy any part of the land or development. 4. The area occupied by all businesses permitted by the special permit uses shall be within a multifamily dwelling or may be in an ell or wing, providing the ell is more or less attached to the main building. 5. The areas required for such special permit occupancy shall be predetermined so as to prevent locating such businesses in a haphazard manner. It is the intention of this provision to concentrate the business into one (1) general area to create a ""local business area"" with dered by the city council within two (2) years after the date of such unfavorable action, unless the adoption of such proposed ordinance is recommended in the final report of the planning board. Sec. 9-7. Requirements for development permit. Any person acting in such a manner as to come within the definition of residential development use shall under this ordinance be required to apply for a development permit for this use from the planning board. Said permit shall be granted after the parcel under review has met the standards of issuance for residential development contained herein. If said application does not meet the standards for residential development contained herein, it shall be denied. Sec. 9-8. Procedure for development permit application. (a) Preliminary application. Prior to a formal application to the planning board for a development use permit, the developer may submit a preliminary application to the planning department in sufficient detail so that the application can be reviewed with respect to all standards set forth in section 9-9 of this article as to the availability of municipal services and facilities and projected improvements scheduled in the capital improvements program of the city. The planning department shall, within ten (10) days thereafter, present such findings to the developer who may then decide, based upon these findings, to submit an application to the planning board for a development use permit. (b) Application for development permit. Prior to the issuance of any building permit, the developer shall be required to submit an application to the planning board in sufficient detail so that the application can be reviewed with respect to all standards set forth in section 9-9 of this article as to the availability of municipal services and facilities and projected improvements scheduled in the capital improvements program of the city. In the case of single-family residences, a developer will be required to submit an application to the planning board, and approval of clerk that twenty (20) days have elapsed and no appeal has been filed or that if such appeal has been filed it has been dismissed or denied, is recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of tile. The fee for recording or registering shall be paid by the owner or applicant, and the board of appeals shall notify the applicant of his responsibility for filing with the registry of deeds. Sec. 9-4. Special permits. (a) In hearing and deciding applications for special permits, the board of appeals shall decide such questions as are involved in determining whether such special permit should be granted and shall grant special permits with such conditions and safeguards as are appropriate under this ordinance or shall deny special permits when not in harmony with the purpose and intent of this ordinance. The board of appeals shall not have the power to grant any special permit where use of land or structure is specifically excluded from the district. (b) The board of appeals may authorize the issuance of a special permit for a change to another nonconforming use of an existing nonconforming building or use or its alteration or enlargement, provided that the board finds that the use as changed, altered or extended will not depart from the intent of this ordinance and its prior use or degree of use; provided that such building or use is neither increased in volume nor area unreasonably. (c) A special permit shall not be granted by the board of appeals unless and until written application for the special permit is made, stating the grounds on which such permit is requested and public notice and hearing is held in accordance with Chapter 40A and unless said application complies in all other respects with provisions of this zoning ordinance. (d) Violation of such conditions and safeguards as are made a part of the terms under which th ard of health and conservation commission, who may at their discretion investigate the application and report in writing their recommendations to the planning board. The planning board shall not take final action on such plan until it has received a report thereon from the inspector of buildings, city engineer, board of health and conservation commission or until thirty-five (35) days have elapsed after distribution of such application without a submission of a report. The planning board shall hold a public hearing on said application as soon as possible after receiving the above reports, in accordance with Chapter 40A of the Massachusetts General Laws. The planning board shall notify the applicant in writing of its decision on the special permit. The decision shall document the proposed development or use and the grounds for granting or refusing the special permit. The planning board may, as a condition of approval, require that the applicant give effective notice to prospective purchasers, by signs or by recording the special permit at the registry of deeds, of the wetland or flood hazard conditions associated with said premises and the steps undertaken by the petitioner or his successor in title to alleviate the effects of same. (f) Area and yard regulations. The portion of any lot within the wetlands and/or flood hazard districts may be used to meet the lot area, open space and yard requirements for the underlying zoning district in which the lot is situated without application for a special permit. (g) Variances. A variance may be granted from the provisions of this section in accordance with the terms of this zoning ordinance and with the terms of Massachusetts General Laws, Chapter 40A, Section 10, but only upon the following additional terms and conditions: (1) A special permit has been applied for in accordance with this section and has been denied. (2) The board of appeals shall only grant a variance from the provisions of this section upon: a. A showing of good and sufficient cause; b. A deter predetermined so as to prevent locating such businesses in a haphazard manner. It is the intention of this provision to concentrate the business into one (1) general area to create a ""local business area"" within the development area. 6. It is the intention of this subsection (d)(6) to allow certain business uses within the development area to provide services primarily for the tenants of the development. However, this primary use will not prohibit the use for services to the general public. In any event, additional parking and loading spaces conforming to the provisions of sections 7-3 and 7-4 herein, in addition to the regular parking spaces required for multifamily dwellings, shall be provided. 7. There shall be no more than one (1) establishment allowed as a permissive special permit use for each eight hundred (800) dwelling units or fraction thereof in the development as defined under this subsection (d)(6). b. Permissive special permit uses for multifamily complexes complying with the provisions of subsection (6) a above: 1. Delicatessen stores, including specialty food stores, but not including regular grocery stores, cash or carry dairy product stores or variety stores. 2. Drugstores, excluding soda fountains and notions. 3. Book, stationery or gift shops. 4. Florist shops, but excluding greenhouses. 5. Barbershops, not to exceed two (2) chairs. 6. Beauty parlors, not to exceed two (2) operators. 7. Self-service laundry and dry cleaning, provided that not more than one (1) person (employee) is engaged to superintend such services. 8. Professional offices, but excluding clinics. 9. Restaurants which may serve alcoholic beverages consumed on the premises but excluding drive-in snack shops. 10. Auditoriums with a maximum seating of five hundred (500) persons. Portable sound or motion picture equipment may be used, but the room may not be used for showing of motion pictures exclusively. 11. Outdoor swimming pools which do not conform with the requirements of Article VII, Supplementary Regulations, as amended in this ordinance. 12. Banks and savings and loan i Which entity acts as the special permit granting authority for multi-family housing? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] Board of Appeals, Based on the zoning regulation extract given, the board of appeals acts as the special permit granting authority for multifamily housing." "[INST] Context: nce 2000-5 on September 28, 2000. 13.6.2. Fast-Tracking of Permit Process. Development proposals providing affordable housing units in the following amounts shall qualify for fast-tracking of the permit process: (a) Projects including more than twelve and a half percent (12.5%) affordable housing units, provided that all affordable units (excluding a fractional unit of less than 0.5) are on-site with the market rate development and provided the developer is not seeking an additional density bonus under the provisions of Section 13.5. (b) Projects including twelve and a half percent (12.5%) or more low-income affordable units s set forth in this Article 13, provided that all such units (excluding a fractional unit of less than 0.5) are on-site with the market rate development. (c) Projects including fourteen percent (14%) or more affordable housing units, provided that a minimum of seven percent (7%) of the total project units shall serve low-income households as defined in this Article 13. (d) Projects including twenty-five percent (25%) or more affordable housing units. Fast-tracking of projects begins when the first application for special permit with site plan review is submitted. The applicant must identify the project as qualifying for and request fast-tracking at the point of this application. No project shall be allowed to request fast-tracking after the review process has begun, unless the review process begins again with a new application for the project. Fast-tracked projects shall be subject to every legal requirement for notices and hearings, but every effort shall be made to expedite public review. The project shall be scheduled for appropriate review on the first available agenda (of the appropriate Board) after the application date which allows for proper notifications to occur. The SPGA shall adopt additional measures to streamline and expedite review of a fast-track project within its Rules and Regulations. NOTE: § 13.6.2 was amended by Ordinance 2000-5 on September 28, 2000. 13.6.3.Fee Waiver. In cases where a project includes fourteen percent (14%) or more afford Section 5.3. Procedures for Special Permits and Special Permits With Site Plan Review 5.3.1. Application Procedures and Information Required. Applications for a special permit under Section 5.1 or a special permit with site plan review under Section 5.2 shall be made to the SPGA on forms provided for that purpose, accompanied by the required fee. The SPGA shall adopt specific Rules and Regulations governing application and fee. The SPGA Rules and Regulations shall specifically provide for fast-tracking of any special permit or special permit with site plan review application that includes at least 25% affordable housing units as defined by Article 2 (also see the provisions of Article 13 for more detail on income and affordability guidelines used in defining affordable housing units). The fast-tracking Rules and Regulations should comply with those provisions set forth in Section 13.6.2 related to expediting the permitting process. In addition, any special permit or special permit with site plan review application that includes at least 25% affordable housing units as defined by Article 2 shall be entitled to a waiver of any fees normally associated with the special permit process. When the application has been received in a completed form as designated by said Rules and Regulations, a copy shall be forwarded to the City Clerk. The stamp of this City Clerk shall designate the date of filing. Copies of the completed application shall be distributed to those boards and departments as specified in the aforementioned Rules and Regulations, which shall include, but not be limited to, the Planning Board and the Director of Traffic and Parking. The Planning Board may, within thirty-five (35) days of their receipt of a completed application, transmit to the Board of Appeals a report or recommendations accompanied by such material, maps or plans as will aid the Board of Appeals in judging the application and in determining special conditions and safeguards. The SPGA, if it is not the Planning Board, shall not take final action on the application until the expiration of such thi approval and special permit hearing requirements. C. Action The Planning Board shall approve a submission in the form submitted or with reasonable conditions pertaining to the purposes of this Section 5.4. unless the Planning Board finds that: 1. The submission is incomplete (see Section 5.4.7.); 2. The imposition of reasonable conditions would not ensure that the project would conform to the standards and criteria set forth in Section 5.4.6.; 3. The project does not comply with other specifically applicable requirements of this Ordinance. 5.4.5. Rules and Regulations for Site Plan Approval. The Planning Board may promulgate or amend rules and regulations which pertain to the site plan approval process, so long as these rules and regulations conform to this section of the Ordinance. The adoption or amendment of rules and regulations shall require a public hearing to receive comments. The public hearing shall be advertised once in a newspaper of general local circulation, at least fourteen (14) days prior to the date of the public hearing. The Planning Board may promulgate rules and regulations establishing a minor site plan approval process for those projects not requiring as comprehensive a review process as that otherwise provided for in this Section. The minor site plan approval process may not involve a public hearing and may involve a shorter time period for review. 5.4.6. Site Plan Approval Standards and Criteria. The Planning Board shall review and evaluate the submission and make a determination as to whether it is consistent with the standards and criteria listed below. If the Planning Board finds that these criteria and standards have been met and the Planning Board does not make any of the findings set forth in Section 5.4.4(c), it shall approve the submission with or without conditions. The standards and criteria are as follows: 1. The development complies with all standards set forth for the overlay district in which it is located. NOTE: §5.4.6.1 was amended by Ordinance 1991-10 on August 22, 1991. NOTE: §5.4.6, items #2- 7 and rville in the evaluation of the request. The SPGA may reduce the level of information required at the preliminary master plan review stage, provided more detailed supportive documentation is provided at final level special permit with site plan review of the PUD or phases thereof. 16.8.3. PUD Final Level Application. Application(s) for final level approval of the PUD (or a phase of the PUD) shall be submitted as application(s) for special permit with site plan review and conform with the requirements of Article 5 of this Ordinance, containing all information, plans and materials specified therein, and any applicable additional requirements of this Article 16. In addition, in making application for final approval of the PUD (or phase thereof), an applicant shall supply full documentation as to how the final level plan complies with the approved PUD preliminary master plan. When final PUD approval is applied for in phases or stages of development, the applicant shall keep and submit with each final application a running total or status report of PUD compliance with the approved preliminary master plan, including, but not limited to, floor area ratio, residential density and number of units, PUD ground coverage, required landscaped area and usable open space and the like. The applicant shall provide full documentation and a comparison of approved master plan development data, existing PUD development data to date, final approved development data to date, and the currently proposed development data. Section 16.9. SPGA Review of PUD Application. The SPGA shall review and determine whether a PUD application is complete and place special emphasis in its review as to PUD compliance with provisions of Article 16 herein, including compliance with the purpose and general requirements/features of a PUD. The SPGA shall also determine whether the proposal is consistent with the most suitable development of the City, and conduct a review in accordance with the requirements for special permit with site plan review as set forth in Article 5 of this Ordinance. The PUD shall comply with all requirements of this Ordinan ng District Special Permit (IPD Special Permit). This includes all applications for Special Permit with Site Plan Review to implement phases of a PUD. 6.4.6.2. Process The Planning Board shall be the Special Permit Granting Authority (SPGA) in the ASIPD. In review of any IPD Special Permit application, the Planning Board shall solicit comments from the Somerville Redevelopment Authority (SRA) regarding the consistency of the proposed development with the Urban Renewal Plan. The SRA shall have thirty (30) days from the receipt of the request to provide the SPGA with such recommendations. The SPGA shall also solicit recommendations from the Assembly Square Design Review Committee as described in Section 6.4.7. below. The SPGA shall review an IPD Special Permit in the same manner as any other Special Permit with respect to all noticing requirements and hearing processes outlined elsewhere in the Somerville Zoning Ordinance and in the rules and regulations of the SPGA. It is intended that this review shall occur simultaneously with any other Special Permit, PUD Master Plan, and/or Variance review of a proposed development. An IPD Special Permit shall continue in full force and effect if the first phase of a phased project is commenced within two (2) years of issuance and subsequent phases are commenced pursuant to the terms of the IPD Special Permit. IPD Special Permits may be extended for good cause at the discretion of the SPGA. The validity of an IPD Special Permit issued prior to May 31, 2003 shall not be affected by the subsequent expiration of this Section 6.4. 6.4.6.3. Criteria for Review of an IPD Special Permit In reviewing an application for an IPD Special Permit, the SPGA shall review the proposed development for its consistency with the Assembly Square Planning Study. Such review shall include, but not be limited to, evaluating consistency with the following aspects of the Study: a. Design controls as further outlined below; b. Transportation mitigation, including the need for Applicants to mitigate their transportation impacts and to create addition Which entity acts as the special permit granting authority for multi-family housing? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] Planning Board, The SPGA, unles otherwise specified is the Planning Board in Somerville. We know this because of this phrase: ""The SPGA, if it is not the Planning Board."" The SPGA has permitting authority over multifamily housing in Somerville. The SPGA is not otherwise specified, so we can conclude that it is the Planning Board. " "[INST] Context: TABLE OF USE REGULATIONS Residential Business Industrial R-M Principle Uses R-U R-C R-B R-A CBD GB NB HB ! RESIDENTIAL I One-family detached - - - P P - - P - P dwelling - - P - - S - - 2 Two-family dwelling (Amended by action of Special Town Meeting, November 12,1996, Article #7 ) 3 Multifamily dwelling provided that no more than 10% of the total number of units at any one time be units of - - - - - P - three or more bedrooms - - S 4 Cluster residential development (see - - - - - - - - S S Section XI-D) 5 Planned Unit Development (See Section XI-E) (Deleted by action of Town Meeting, June 10, 1974, Article #3 ) 6 ( Deleted by action of Town Meeting, March I, 1971, Article #40 ) 7 Conversion of existing (as of September 8, 1970) dwelling structure to multifamily dwelling provided the total number of units in the converted dwelling structure shall not exceed four dwelling - - - - P units S S S (Amended by action of Town Meeting, January 17, 1977, Article #17 and March I, 1977, Article #41 and April 24, 1978, Article #53) 8 Planned multifamily develop- ment provided that no more than 10% of the total number of units at any one time be units of three or more - - - - P bedrooms S (Amended by action of Town Meeting, April 24, 1978, Article #53 ) nonresident structures to multifamily structures containing five or more, dwelling units (See Section XI-J),S - - - - - - S , in whole or in part, within such Districts or is exempt from the provisions of this Wetlands Protection By-Law, he may request such further information of the Applicant as he may reasonably require to make his determination. Subsequent to a determination by the Building Inspector that any portion of the tract identified in the application lies within the Flood Hazard, Wetland or Watershed Districts or is subject to the provisions of this Wetlands Protection By-Law the Building Inspector shall not issue a building permit unless he has determined that: a. The proposed use of the tract, any part of which is located within a Flood Hazard, Wetland or Watershed District, is shown by the Applicant to comply strictly with the uses and area restrictions permitted or required in such Districts under Sections 4A, 4B, and 4C above; and b. The proposed uses otherwise comply with the provisions of this Zoning By-Law and with any other local, state or federal laws, regulations or ordinances the enforcement of which is the responsibility of the Building Inspector. If the Building Inspector shall determine that no approvals, special permits or variances are required by the Applicant under this Wetlands Protection By-Law, he shall so indicate in writing on the Plan and by letter to the Applicant and all other required approvals may thereafter be sought by the Applicant including without limitation any approvals which may be required under State Wetland Protection Laws, without regard to this Wetland Protection By-Law. In all other instances relative to this Wetlands Protection By-Law, the Building Inspector shall promptly notify the Applicant by certified mail, return receipt requested, that this By-Law prohibits the contemplated use, and shall advise the Applicant of his right to appeal the Building Inspector's decision to the Zoning Board of Appeals. 6. Zoning Board of Appeals. a. Appeals and Applications for Special Permits Generally. An appeal may be taken to the Zoning Board of Appeals by any Applicant aggrieved by a decision of the Building Inspector and a special permit ma SECTION V MORE THAN ONE BUILDING OR DWELLING ON A LOT PROCEDURE GENERAL INFORMATION Not more than one (1) building (anywhere) nor more than two (2) dwelling units (except as permitted or allowed by special permit under the current zoning By-law as amended) designed or available for use, except an accessory use, shall be erected or placed or converted to use as such on any lot in a subdivision, or elsewhere in the Town without the consent of the Board, and such consent may be conditional upon the providing of adequate ways, furnishing access to each site for such buildings. Such applications shall be treated in the same manner as a normal subdivision even though it is not, in fact, a true subdivision and is therefore entitled to the same zoning protection as a single lot or a Form A (Approval Under the Subdivision Control Law Not Required) plan. A. APPLICATION FOR PRELIMINARY APPROVAL AND FEE A preliminary plan for more than one (1) building or more than one (2) dwelling units on a lot(as applicable), known as multiple building, shall be submitted by the applicant to the Planning Board or to the Board through the Engineering Department and the Board of Health or to the Board of Health through the Board of Health Agent for discussion and tentative approval, modification, or disapproval by each. The submission of such a preliminary plan will enable the applicant, the Planning Board, the Board of Health and other municipal agencies to discuss the development before a definitive plan is prepared. A technical review deposit of fifty dollars ($50.00) per building or dwelling unit shall be filed with the Board or to the Board through the Engineering Department for posting with the Treasurer and used as compensation to hire a qualified consultant pursuant to MGL Chapter 44, Section 53G. If the account is depleted prior to the technical review completion, the applicant will be required to supplement the account in an amount that the Board finds is reasonably necessary. Surplus funds, if any, are to be returned to the applicant upon completion of the technical review. Failure by the applicant to post said fee f TABLE OF DIMENSIONAL AND DENSITY REGULATIONS District,Use,Minimum l ol Area (sq ft ),Minimum I of Width (ft),Minimum of Frontage (ft),Minimum of Depth (f) ),Minimum Front (II),Yard Side (ft),Rear (ft,Maximum Height (f) ),Maximum Stories (No ),Maximum Building Area (%),Minimum Open Space (%) R M,Multi Family Apartment House Multi family Row House (Town House Condominium) Two Family Dwelling Any other permitted use (5),2 000 sq ft per dwelling unit + 2 000 sq ft per bedroom per dwelling unit (7),150(5) 100(5),150(5) 100(5),80,25,10(2),30,40,4,- 30,30 10) RU,Two Family Dwelling,35 000 (7),120(5),120,100,25,15(1),40,35,25,30,50 ,Single Family Dwelling,25 000(7),80,80 (5),80,25,15,40,35,25,30,50 ,Any other permitted use,35 5000(7),120(6),120(G),80,25,15,40,35,25 5,30,50 10) RC,Any permitted use,40 000(7),100,100(5),120,35,15,40,35,3,25,50 10) RB,Any permitted use,55 000(7),125,125(5),140,40,20,40,35,25,20,50 10) RA,Any permitted use,""55,000 (9)"",150,150(5),180,40,20,50,35,2 5,20,50 CBU,Any permitted use,2 500,20,20,75,0,0,10,40,3,90,0 GB,Any permitted use,10 000 (7),50,50,75,15,5,30,40,3,70,10 NB,Any permitted use,10 000 (7),50,50,75,15,5,30,30,2 5,50,20 HB,Hotel and Molel,20 000 + 3 000 per unit (7),80,80,100,20,15,40,40,4,40,30 ,Any permitted use,20 000 (7),80,80,100,20,15,40,85(8),6(8),40,30 I Amended,Any permitted use by action of Town Meeting April 30,80 000 (7) 1979 Article 27,125,150,125,25,20,40,40,4,50,25(3) R M Previous amendment voted June 17 1981 Article 16 (7) Amended by action of Special Town Meeting November 12 1996 Article 6 (8) Amended by action of Special lown Meeting on May 5 1997 Article #9 ID 29 (6) Amended by action of Annual Town Meeting April 24 1989, Article 42 ng permit or to any other Board or Town Officer seeking permission for a special use. After a hearing as required herein, the Board of Appeals may grant permission for any uses on that portion of the Applicant's land shown by the Applicant not to be in a Wetland, Flood Hazard, or Watershed Area; provided that such uses shall be consistent with this Wetlands Protection By-Law to the extent that all or any portion of such land continues to be classified as a Wetland, Flood Hazard or Watershed District and provided further that the Applicant shall have demonstrated that all of the following four conditions have been satisfied: (I) The request shall have been referred by the Applicant, along with a copy of the site plan to the Board of Selectmen, the Planning Board, the Board of Health, the Conservation Commission, and the Landscape Review Board and shall have been reported upon by all five Boards or thirty (30) days shall have elapsed following such referral without receipt by the Board of Appeals of such reports; and (ii) The land or the designated portion thereof shall have been shown by the Applicant not to be a Wetland, Flood Hazard or Watershed Area (notwithstanding the fact that the land or the designated portion thereof is shown on the Wetland Map to lie within a Wetland, Flood Hazard, or Watershed District) in whole or in sufficient part to permit the contemplated use. Such showing by the Applicant shall be on the basis of engineering, hydrological and topographical conditions determined by reference to the Engineering Presumption set forth in this Wetlands Protection By-Law, and should include an analysis of the vegetation on the land in accordance with the definitions in Chapter 818 of the Acts of 1974; and (iii) The proposed use, if any, will not be detrimental to the public health, safety, or welfare nor will it be inconsistent with the purposes of this Wetlands Protection By-Law; and (iv) The proposed use, if any, will comply in all respects with all applicable zoning and other provisions within the jurisdiction of the Board of Appeals which govern uses in the underlying Zoni Which entity acts as the special permit granting authority for multi-family housing? Instructions: Answer the question using the context with a list of entities and explain your answer [/INST] Board of Appeals, No more than one (1) building (anywhere) nor more than two (2) dwelling units (except as permitted or allowed by special permit under the current zoning By-law as amended) designed or available for use, except an accessory use, shall be erected or placed or converted to use as such on any lot in a subdivision, or elsewhere in the Town without the consent of the Board of Appeals, and such consent may be conditional upon the providing of adequate ways, furnishing access to each site for such buildings." "[INST] Context: e natural conditions and open spaces; to separate and otherwise divide potentially conflicting property uses and to provide a harmonious relationship between residential and commercial development. B. Permitted Residential Uses Within This Zone Are: 1. Detached one family dwelling subject to dimensional requirements set forth in Section 4.2 Table 1. 2. Two family dwelling - by Special Permit. Subject to dimensional requirements set forth in Section 4.2 Table 1. 3. Multi-family (more than 2 family dwelling) - by Special Permit. Dimensions for residential use are set forth in Section 4.2 Table 1. 4. Permitted Business uses within this Zone are as follows: a. Light manufacturing or light assembly facility limited to small scale assembly and manufacturing industries which are not injurious, noxious or offensive, or tend to reduce residential property values in the same or adjoining districts by reason of emission of odor, fumes, dust, smoke, vibration, sewerage, and/or industrial waste, noise, danger of explosion, fire or otherwise. Manufacturing allowed in this paragraph shall not include heavy industrial operations such as steel manufacturing, heavy forging presses and the like and shall be for utilizing hand labor or quiet machinery and process. b. Landscaping services involving equipment purchasing c. Nursing home; extended or intermediate care facility licensed or approved to provide full time convalescent or chronic care. d. Nursery school, kindergarten or day care site for preschool children. e. The dimensional requirements for the business uses in this zone shall be the same as the BR-1 Zone Section 4.2 Table 1. f. Senior Village Developments are allowed by special permit from the Planning Board **Webmasters Note: The previous subsection has been added as per an update approved at a town meeting held on 5/6/02. h. Rental enclosed storage facilities by special permit issued by Planning Board. **Webmasters Note: T all, and with each building having at least one floor at ground level with a separate entrance. 5.7.04. General Development Standards and Dimensional Requirements An application for a special permit for a Senior Village Development must conform to the following standards: 5.7.04.1 General Standards A. Age Restriction. All dwellings in a Senior Village Development shall be subject to an age restriction described in a deed/deed rider, restrictive covenant, or other document approved by the Planning Board that ,shall be recorded at the Registry of Deeds or the Land Court. The age restriction shall restrict occupancy of the dwelling units to seniors age 55 or older, and their spouses of any age and provide for live-in care providers and limited guest visitation rights if the Planning Board so approves and specifies this in its Special Permit. In the event of the death of a qualifying owner/occupant of a unit in a Senior Village Development, the surviving spouse of a qualifying owner/occupant, regardless of age, shall be allowed to remain until death or remarriage to a non-qualifying individual. B. Lot Coverage. Building footprints and all other impervious surfaces shall not exceed twenty-five percent (25%) of the total acreage of any Senior Village Development. C. Open Space Requirement. A minimum of twenty-five percent (25%) of the total acreage of a Senior Village Development shall be set aside as common open space for the use of the senior residents and/or the general public. It is the intention of this bylaw that the common open space shall generally consist of a large, single, contiguous area of open space with logical boundaries, which shall retain those natural features of the site most worthy of preservation in their natural state, and which connect with existing or potential conservation or open space areas on adjoining parcels whenever possible. Not more than twenty-five percent (25%) of the common open space shall consist of inland we in the RD, subject to the following standards: (i) The Town may enter upon said property at reasonable times for the purpose of inspection in order to insure compliance with the Special Permit. (ii) Membership in said corporation or trust shall be automatic and shall pass with conveyances of the lots or units and be inseparable therefrom. The RD presentation shall include a complete description of said organization and the methods by which it shall be established and maintained, and the method by which fees and property taxes shall be collected and enforced. The presentation may provide that the property owners' association may lease back such land to the developer, his assigns, or to any other person or corporation, for operation and maintenance of the same. (iii) Prior to the release of lots or units for sale or construction, the following documents are to be submitted to the Planning Board for approval: (1) A sample Purchase and Sale Agreement which shall be used for the purchase of the individual lots and/or units. Said Agreement shall include in conspicuous type the following: that the property is part of a Recreational Development subject to Section 2.3.05 of the Zoning By-Laws of the Town of Leicester; that the purchaser and subsequent owners of the units are subject to the requirements therein contained; that the purchaser shall be required to be a member of a homeowner's association, shall be subject to rules and regulations of said association and shall be liable for any applicable assessment made by or against said association. The Purchase and Sale Agreement shall further contain a statement by the seller that the purchaser has been provided with a copy of the rules and regulations of the homeowner's association, copies of any proposed management policies, copies of restrictions or covenants running with the land in the development, and a prospectus which shall be a summarization in layman's language of the information c nd police protection and adequate educational facilities; 1.2. To preserve and enhance the existing community character. 2.) Regulations 2.0 No building permit for a new residential dwelling unit or units shall be issued unless in accordance with this bylaw. This bylaw shall apply to all definitive subdivision plans, divisions of land pursuant to M.G.L., Chapter 41, Section 81P (hereafter called ""A-N-R division"") variances and special permits which would result in the creation of a new dwelling unit or units. Dwelling units shall be considered as part of a single development, for all purposes of this section if located either on a single parcel or contiguous parcels of land, which have been in the same ownership at any time subsequent to the date of adoption of this bylaw. 3.) Planned Growth Rate 3.0 All authorizations shall count toward the planned growth rate permitted by this bylaw. Building permits shall not be issued under any development schedule approved under Section 5 during periods when said building permit issuance would result in authorizations of more than 100 dwelling units over a 24-month (2 year period. 3.1 For the purposes of implementing the 100 dwelling unit limitation, the Building Inspector on the first business day of each month shall total the number of building. permits. issued. during the previous 24 months, If the number of dwelling units for which new building permits have been issued during the previous 24 months meets or exceeds 100 in number, then the Building Inspector shall not issue building permits for any additional dwelling-unit or units in the then current month, except as permitted by Section 3.2. 3.2 In a single development where the number of new dwelling units. are 1 to 3 in total, building permits may be issued even if the 100 limit has been reached. Once issued, these exempt permits shall be calculated in the 100 building permit limit as noted in Section 3.G for th& next, ensuing month. 4.) Development Schedule 44 Building permits for new dwelling units shall be 1.4 NONCONFORMITY 1.4.01 CHANGE OF NONCONFORMING USE: **Webmasters Note: The previous title has been amended as per an update approved at a town meeting held on 10/28/04. Any nonconforming use of a structure may be changed to another nonconforming use provided that the change use is not a substantially different use, and approval for the change is granted by a Special Permit by the Board of Appeals. for the purpose of this section, a substantially different use is a use which by reason of its normal operation would cause readily observable differences in patronage, service, sight, noise, employment or similar characteristics from the existing nonconforming use or from any permitted use in the district under question. 1.4.02 ALTERATION AND EXTENSION OF NONCONFORMING STRUCTURES OR USES: 1.4.02.1 General Except where alteration, reconstruction, or extension of a single-family or two-family residential structure would not increase the nonconforming nature of said structure (see Section 1.4.02.2), a nonconforming structure or use shall be altered, extended, or reconstructed only upon issuance of a special permit by the Zoning Board of Appeals. No such alteration, reconstruction, or extension shall be permitted unless the Zoning Board of Appeals finds after a public hearing that such alteration, reconstruction, or extension would not be substantially more detrimental to the neighborhood than the existing nonconformity. 1.4.02.2 One Family & Two Family Dwellings Notwithstanding any other provisions of these Bylaws, alteration, reconstruction, extension or structural change (collectively ""alteration"") of a pre-existing, nonconforming single-family or two -family residential structure will be deemed not to increase the nonconforming nature of such a structure, and shall be permitted as of right, if: a.) the structure is located on a conforming lot, and the proposed alteration will comply in all respects with the Bylaws, specifically the requirements for front setback, side and rear setbacks, building coverage, lot coverage, maximum floors and maximum heights; or b.) the structure is located on a legally nonconforming lot, and the proposed alteration will retain the structure's existing footprint; or c.) the structure is nonconforming solely because of insufficient lot frontage or lot area, or both, and the proposed change shall meet Are attached single family houses (townhouses, 3+ units) listed as an allowed use (by right or special permit)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Attached single-family dwellings (townhouses, three plus units) are alllowed as a special permit use within the RD zone. " "[INST] Context: SECTION 5. SUPPLEMENTARY USE REGULATIONS, RESIDENTIAL USES 5.1 (RESERVED) 5.2 ACCESSORY RESIDENTIAL USES IN ONE FAMILY DWELLINGS: ACCESSORY APARTMENTS An accessory apartment is a second dwelling unit located within a structure constructed as a detached one family dwelling, subordinate in size to the principal dwelling unit and separated from it, in a manner that maintains the appearance of the structure as a one family dwelling. 5.2.1 GENERAL OBJECTIVES The provision of accessory dwelling units in owner occupied one family dwellings is intended to: 1) increase the number of small dwelling units available for rent in the town, 2) increase the range of choice of housing accommodations, 3) encourage greater diversity of population with particular attention to young adults and senior citizens, and 4) encourage a more economic and energy-efficient use of the town's housing supply while maintaining the appearance and character of the town's single family neighborhoods. 5.2.2 CONDITIONS AND REQUIREMENTS The Building Commissioner shall issue a building permit for a newly created accessory apartment in a detached, one family dwelling in an RO or RS district provided that each of the following conditions and requirements is met: a. GENERAL 1. The owner of the dwelling in which the accessory apartment is created, shall occupy either of the dwelling units in the structure, except for temporary absences as provided in paragraph 5.2.4. For the purposes of this section, the ""owner"" shall be one or more individuals who constitute a family, who hold title directly or indirectly to the dwelling, and for whom the dwelling is the primary residence for voting and tax purposes, 2. There shall be no more than one accessory apartment within a one family dwelling. 3. There shall be no boarders or lodgers within either unit of a dwelling with an accessory apartment. 4. The lot area shall be at least 10,000 square feet. 5. The gross floor area of the dwelling, excluding floor area in the dwelling used for off-street parking, as of January 1, 1983, was at least, 2,000 square feet. The amount of th amily dwellings is not permitted in the RM district; these uses are permitted in RM districts in existence in January, 1985. ACCESSORY USES FOR RESIDENTIAL USES (See also line 5, accessory uses permitted in all residential, institutional, agricultural uses) 1.21,,Y,,Y,,N,,N,,N, 1.22,Accessory apartment in one-family dwelling (See subsection 5.2 elsewhere in this By-Law),Y, Y,Y,SP,Y,N,N,N,N,N 1.23,Bed and Breakfast Home (see Section 5.5), Y, N,N,N,N,N,N,N,N,N 1.24,""Home occupation, instruction (see 135-25.1)"",Y,Y,Y,SP,Y,N,N,N,N,N 1.251,""Home occupation, minor (see 135-25.1)"",Y,Y,Y,SP,Y,N,N,N,N,N 1.252,""Home occupation, major (see 135-25.1)"",SP,SP,SP,SP,Y,N,N,N,N,N 1.26,""Tool shed, storage shed, garden house subject to the same dimensional controls as a principal building"", Y, Y,Y,Y,Y,N,N,N,N,N 1.27,Greenhouse not used for commercial purposes subject to the same dimensional controls as a principal building,Y, Y,Y,Y,Y,N,N,N,N,N 1.28,Swimming pool (See subsection 5.8.1), Y, Y, Y,SP,Y,N,N,N,N,N **Webmasters Note: The previous table has been amended as per an update approved at a town meeting held on 3/29/04. Line,,RO RS,RT,RM,RD *,CN,CR S,CS,CB CL O,CR O,CM 1.29,Tennis court or court for a sport played with a racquet or paddle including handball. (See subsection 5.8.1),SP,SP,SP,SP,Y,N,N,N,N,N 1.30,Satellite receiving antenna (See subsection 5.8.2),Y,Y,Y,SP,Y,N,N,N,N,N 1.31,""Off-street parking for automobiles. If outdoor parking spaces are provided for more than four automobiles for a dwelling unit, a special permit is required."",Y, Y,Y,Y,Y,Y,Y,Y,Y,Y 1.32,""An off-street parking space, which may be in a garage or outdoors, for not more than one commercial vehicle, not larger than 10,000 pounds, gross vehicle weight rating, which is used by a resident of the dwelling. Not more than one other commercial vehicle not in excess of 15,000 pounds, gross vehicle weight rating, which is used by a resident of the dwelling, may be parked in a garage only."", Y, Y, Y 3.3) SPS: Special Permit with Site Plan Review required (See Section 3.4) * NO: Not permitted. A religious or non-profit educational use, as described in subparagraph 3.1.4.1, is permitted as a matter of right in all zoning districts. 4.1.3 USES NOT LISTED IN TABLE I ARE PROHIBITED All uses which are not listed in Table I are prohibited. 4.1.4 MORE THAN ONE CLASSIFICATION Where a use, structure, development or activity might be classified under more than one of the uses on the lines in TABLE 1, the more specific classification shall apply; if equally specific, the more restrictive classification shall be used. 4.1.5 COMPLIANCE WITH ALL STANDARDS In several sections of TABLE 1, in the various groups of uses and at the beginning of the major sections of the Table, there are listed standards for: permissible uses, operating characteristics and development standards. A use, building, activity or development must comply with each of those standards which may be applicable. Failure to comply with any one of the standards will be the basis for denial of a building permit or certificate of occupancy; failure to continue to comply with any one of the standards will be the basis for revocation of the certificate of occupancy. 4.1.6 PRINCIPAL USES, ACCESSORY USES A principal use is a main or primary use of a lot or structure. More than one principal use may be allowed on a lot, except where such use is a dwelling as provided in subparagraph 7.1.4, and provided that each principal use is permitted by Table I and the sum of such principal uses complies with the other requirements of this By-Law. An accessory use is one that constitutes only an incidental or insubstantial part of the total activity that takes place on a lot and is commonly associated with and integrally related to the principal use. More than one principal use may be allowed on a lot, except where such use is a dwelling as provided in subparagraph 7.1.4, and provided that each prin of dwelling units allowed will be compatible with surrounding land uses, and that traffic and public services will not be adversely impacted; 9.1.2 No building permit shall be issued for a dwelling which is part of a development on a tract of three or more dwelling units, or their equivalent in housing accommodations not classified as dwelling units, except in accordance with the provisions of this section. 9.1.3 In an RO, RS or RT district, a residential development of three or more dwelling units may be: a. a conventional (conv) subdivision, b. cluster (clus) subdivision, with the tract divided into separate lots for dwellings and common open space, or c. a special (spec) residential development in which the tract may be in one ownership or may be divided into separate lots for dwellings and common open space, d. a development with significant public benefit (DSPB). 9.1.4 The procedure for a cluster subdivision or a special residential development or a development with significant public benefit (DSPB) is not intended be used as an alternative to allow the construction of a conventional subdivision that could not otherwise comply with the standards and requirements set forth in this By-Law or in the ""Development Regulations"". 9.2 SCHEDULE OF PERMITTED BUILDINGS, DENSITY AND DIMENSIONAL STANDARDS (Applicable to the residential development as a whole.) ,,,RO,""RS,"",RT,RD Type of,Development:,Conv.,Clus. Spec. DSPB,Conv.,Clus. Spec. DSPB, 9.2.1,Minimum Area of Tract to be Developed * No requirement for tract as a whole; individual lots must comply with Table 2; right-of-way must comply with Subdivision Regulations,NR*,""100,000 sf"",NR*,""50,000 sf"",""125,000 sf"" 9.2.2,""Types of Buildings* Permitted * See definitions in Section 2 a. One-Family Detached b. One-family Attached, *Yes in RT C. Accessory Apartment d. Two-family * Yes in RT e. Townhouse"",Yes No Yes No No,Yes SP Yes SP SP,Yes No* Yes No* No,Yes SP* Yes SP* SP,Yes Yes Yes Yes Yes ,""f. Three-, Four-Family g. Multi-Family h. Rooming House i. Group Quarters *Yes where accessory to a religious or educational use j. Independent Living Residence k. Assisted Liv ing unit has direct access to ground level and an opportunity for a private yard, patio, or other private outdoor space; g. there are provisions for common facilities, such as recreation or parking, or for services such as the. maintenance of streets, walkways or paths, utilities, landscaping or recreation facilities; h. where there are sufficient dwellings units, the layout of the street(s) and interior drive(s) will accommodate vehicles, other than automobiles, that are used in local transportation services. 9.5.6 SPECIAL PERMITS, DIMENSIONAL STANDARDS, WAIVERS, TYPES OF HOUSING The Planning Board, acting as SPGA, may, as part of the grant of a special permit with site plan review, also grant a special permit to: a. modify the standards: 1) in Table 2, Schedule of Dimensional Controls, for minimum lot area, minimum lot frontage, minimum front yard, minimum side yard, minimum rear yard, maximum percentage of site coverage, and maximum height in stories; 2) the provisions of 7.1.4 relative to the number of dwellings on a lot; 3) the minimum lot width in subsection 7.2.2; 4) the provisions in subsection 7.2.3 relative to contiguous developable site area; 5) in subparagraph 11.4.1 relative to the location of off-street parking spaces; 6) in subsection 11.6 relative to setbacks required for parking spaces and driveways; and 7) in subparagraph 6.2.5 relative to the subdivision of land in relation to lots or buildings that are nonconforming or would not comply with this By-Law as a result of the proposed development; all as they may apply to individual dwellings or lots within a cluster subdivision or a special residential development: b. permit the types of buildings identified in 9.2.2 as allowed by special permit; c. allow an existing structure, that was constructed at least 10 years prior to the date of application for approval of the special permit, to be converted to a three-, or four-family dwelling, a multi-family dwelling, a rooming house, a group quarters, an independent living res Are attached single family houses (townhouses, 3+ units) listed as an allowed use (by right or special permit)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Based on the table provided, townhouses (three or more units) are listed under ""Special Permit with Site Plan Review required"" in multiple districts, which indicates that they are not permitted by right but can be approved with a special permit. Therefore, the answer is ""Yes."" " "[INST] Context: ARTICLE XI, Special Permits and Conditions § 235-61. Special permit granting authorities. A. The Board of Appeals, upon written application duly made to the Board, may grant special permits as hereinafter prescribed. Said special permits may be issued only for uses which are in harmony with the general purpose and intent of this chapter and shall be subject to general and specific provisions hereinafter stated, and such permits may also impose conditions, safeguards and limitations on time or use. (1) Special permits as prescribed in § 235-63 in locations and for uses designated ""S"" in Article V, Table of Use and Parking Regulations, and special permits or conditions allowed elsewhere in this chapter. (2) Variances from the terms of this chapter as prescribed in § 235-64. (3) Special permits for uses accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, whether or not on the same parcel as activities permitted as a matter of right, provided that the Board of Appeals find that the proposed accessory use does not substantially derogate from the public good. B. The Planning Board, upon written application, may grant special permits as hereinafter prescribed. (1) Special permits as prescribed in § 235-65 for multifamily residential use in nonresidentially zoned areas. (2) Special permits designated as design review permits as prescribed in § 235-66. (3) Special permits providing for cluster developments as prescribed in § 235-67. (4) Special permits providing for planned unit developments and planned business developments as prescribed in § 235-68 through 235-71. (5) Special permits under the affordable housing incentive program prescribed in § 235-73.1 of this chapter. (Ord. No. 16985C, 11-27-1972; Ord. No. 04-184A, 8-9-2004) § 235-62. Special permit procedure. A. Application. Applications shall be filed with the City t application of the provisions of this chapter would deprive the applicant of reasonable use of the lot, structure or building in a manner equivalent to the use permitted to be made by owners of their neighborhood lands, structures or buildings in the same district. (3) The unique conditions and circumstances are not the result of actions of the applicant taken subsequent to the adoption of this chapter. (4) Relief, if approved, will not cause substantial detriment to the public good or impair the purpose and intent of this chapter. (5) Relief, if approved, will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the district. (Ord. No. 16985C, 11-27-1972) §235-65. Multifamily residential use in nonresidentially zoned areas authorized by Planning A. General. Said permits may be authorized where the public good would be served after a finding by the Planning Board that such nonresidentially zoned area would not be adversely affected by such a residential use and that permitted uses in such a zone are not noxious to a multifamily use. B. Location. Special permits for multifamily residential use may be applied for only within the BA-1 and BB-1 Zones. C. Dimensional and density regulations. Under separate application, said permit may be applied for in conjunction with a design review permit. Otherwise all other provisions of this chapter shall apply. (Ord. No. 16985C, 11-27-1972) § 235-66. Design review permits authorized by Planning Board. A. General. The Planning Board, as the special permit granting authority, may authorize a special permit designated a ""design review permit"" to increase the permissible density of population or intensity of a particular use in a proposed development, provided that the petitioner or applicant shall, as a condition for the grant of said permit, provide certain open space, housing for persons of low or moderate income, traffic or pedestrian improvements or other Department of Housing and Urban Development, pursuant to Section 8 of the Housing Act of 1937, as amended by the Housing and Community Development Act of 1974. MIXED USE DEVELOPMENT -- A development that contains a combination of at least 2,500 square feet of commercial gross floor area plus five or more residential units. PERIOD OF AFFORDABILITY Shall be in perpetuity (99 years). PROPERTY, PHASED -- Any residential or mixed use development or developments at one or more adjoining sites in common ownership or under common control within a period of two years from the first date of application for any special or building permit for construction on the lot or lots. RESIDENTIAL DEVELOPMENT -- Single-, two-family and multifamily homes, townhouse development, elderly oriented congregate housing and lodging and rooming house dwellings. B. Applicability and requirements. (1) The provisions of this § 235-73.1 shall apply to any residential or mixed use development containing five or more dwelling units, including phased projects. These provisions shall apply with respect to developments in all zoning districts of the City, provided that the provisions of this section shall not apply to any residential or mixed-use development which has previously received a special permit or variance from the relevant permit granting authority containing conditions requiring the inclusion of affordable housing in such residential or mixed-use development, nor to any such residential or mixed-use development which is subsequently modified in accordance with the provisions of this section, provided that such affordable housing inclusion conditions remain substantially unchanged as a result of any such modification. Developments required to obtain a special permit in accordance with this § 235-73.1 shall not be required to obtain a special permit for more than four accessory parking spaces under § 235-17, accessory use #18. (2) A developer of a residential or mixed use development subject to these provisions shall provide 10% of the total number of dwelling units up to the maximum allowed as of right as affordable units. Where the application of that formula results in atter of right, provided that the extension or alteration is consistent with and does not violate the dimensional and density regulations of the district in which it is located. (Ord. No. 16985C, 11-27-1972; Ord. No. 18053, 8-6-1973; Ord. No. 957, 2-19-1985; Ord. No. 95-189, 5-1-1995) § 235-45. Residential lot of record. Any lot lawfully laid out by plan or deed duly recorded, or any lot shown on a plan endorsed by the Planning Board with the words ""approval under the Subdivision Control Law not required,"" or words of similar import, which complies (at the time of recording or such endorsement, whichever is earlier) with the minimum area, frontage, width and depth requirements, if any, of the zoning ordinance then in effect may be built upon for residential use provided it has a minimum area of 5,000 square feet, with a minimum front footage of 50 feet, and is otherwise in accordance with the provisions of Section 6 of the Zoning Act. (Ord. No. 16985C, 11-27-1972) § 235-46. Reduction or increase. A. Any nonconforming lot or open space on the lot, including yards and setbacks, if already smaller than that required shall not be further reduced so as to be in greater nonconformity. The Board, however, may grant a special permit to extend a conforming use so as to violate or further violate the side or rear yard requirements. B. No building area or floor area, where already nonconforming, shall be increased so as to be in greater nonconformity. C. Any off-street parking or loading spaces, if already equal to or fewer than the number required to serve their intended use, shall not be further reduced in number. (Ord. No. 16985C, 11-27-1972) § 235-47. Change of use or lot. A. Any nonconforming use of a structure may be changed to another nonconforming use provided the changed use is not a substantially different use as determined by the Building Commissioner. B. Any nonconforming use which has been once changed to a permitted use or to another nonconforming use which is not a substantially different use shall not again be changed to another nonconforming use. C. Any nonconforming lot which has come into conformity shall not again be ding or structure complies with the zoning ordinance or that a building, structure or parcel of land may lawfully be employed for a specified use, or both. COMMON LAND -- A parcel or parcels of open space within the site designated for a cluster or planned unit development maintained and preserved for open uses and designed and intended for the use or enjoyment of residents of these developments, but not including parking areas or ways, public or private. Common land may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of such residents. COMMUNICATIONS TOWER -- A tower that is freestanding or anchored with cables, used to support an antenna or other voice or data transmission and receiving devices. DISTRICT -- A zoning district as established by Article III of this chapter. DRIVE-IN EATING ESTABLISHMENT -- A commercial establishment wherein food is usually served to or consumed by patrons while they are seated in parked cars. DRIVE-IN ESTABLISHMENT -- A business establishment wherein patrons are usually served while seated in parked vehicles in the same lot. The term ""drive-in"" includes drive-in eating establishments where food is purchased from a building on the lot but is consumed in the vehicle; drive-in service establishments such as banks, cleaners and the like; and automotive service stations, gasoline stations or the like. DRIVEWAY -- An open space, located on a lot, which is not more than 24 feet in width, built for access to a garage or off-street parking or loading space. DWELLING -- A privately or publicly owned permanent structure, whether owned by one or more persons or in condominium, which is occupied in whole or in part as the home residence or sleeping place of one or more persons. The term ""one-family,"" ""two-family"" or ""multifamily"" dwelling shall not include a hotel, lodging house, hospital, membership club, mobile home or dormitory. DWELLING, MULTIFAMILY -- A building containing three or more dwelling units and including an apartment house, garde Are attached single family houses (townhouses, 3+ units) listed as an allowed use (by right or special permit)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know, Restrictions on attached single family houses are not discussed in the excerpt provided. The topic of permitted uses in all the districts is not discussed in the excerpt, which means that attached single family homes (townhouses, 3+) could be addressed elsewhere in the by-law. Because I do not have enough information to answer the question, the answer is ""I don't know.""" "[INST] Context: Uses Subject to Site Plan Review. 6.3.1. Private boat, canoe or motor boathouses. 6.3.2. Private bathhouses. 6.3.3. Public recreational uses. 6.3.4. Churches and other places of worship, parish houses. 6.3.5. Public schools, public libraries and museums, and private schools, including preschools and colleges. 6.3.6. CHILD CARE or day care center. 6.3.7. Membership clubs, lodges, social recreational and community center buildings and grounds for games and sports, except those having as a principal purpose any activity which is usually carried on as a business (fairs and public benefits excluded). 6.3.8. Municipal use authorized by Town Meeting. 6.3.9. Other government uses. 6.3.10.Telephone exchanges, provided that there is no service yard or garage. 6.4. Uses and Structures Permitted by Special Permit In the Agricultural Residential District, the Planning Board may issue a SPECIAL PERMIT for the following uses except that where an accessory apartment or the conversion of a single-family to a multi-family dwelling is allowed by SPECIAL PERMIT, the Special Permit Granting Authority shall be the Board of Appeals in accordance with Article 17 Accessory Dwelling Units and Conversion of Existing Single-Family Dwellings: **Webmasters Note: The previous section has been amended as per an update approved at a town meeting held 5/15/06. 6.4.1. BED AND BREAKFAST. 6.4.2. One accessory dwelling unit in a single-family dwelling in existence for at least five years prior to the application for a building permit, subject to ""Accessory Dwelling Units and Conversion of Existing Single-Family Dwellings"" in Article 17 of this Bylaw. 6.4.3. The conversion of a single-family dwelling in existence for at least ten years prior to the application for a SPECIAL PERMIT to a two-family dwelling, subject to ""Accessory Dwelling Units and Conversion of Existing Single-Fami all apply to MULTI-FAMILY housing in the Village Residential District: 4.13.3.1. Multi-family dwellings shall not exceed eight units per acre unless the applicant proposes and the Planning Board approves a higher percentage of affordable housing units than the percentage achieved under Section the 20% minimum set forth in Section 4.13.1. In- no event shall the Planning Board issue a SPECIAL PERMIT for more than ten units per acre. 4.13.3.2. A MULTI-FAMILY development shall provide a mix of one-, two-, and three-bedroom units, except that no more than ten percent of the units in a MULTI-FAMILY development shall be three-bedroom units. 4.13.3.3. A MULTI-FAMILY building shall contain no more than eight units, and shall not exceed a building height of 35 feet and two and one half stories. 4.13.4. Multi-family housing STRUCTURES shall avoid monotonous, look alike designs and promote high standards of exterior quality and appearance. 4.13.5. Off-Street Parking. Applicants shall provide 1.5 parking spaces per one-bedroom unit and 2 parking spaces. per two- or three-bedroom unit. At least one space per unit shall be located so as to provide convenient access to its assigned dwelling unit. Parking garages will be permitted as a parking space if located and designed so as to complement the building design and site layout. 4.13.6. Setbacks. All buildings must be located at least 25 feet from any side or rear LOT line and 25 feet from any established street layout or, where applicable, any defined street line of a public road; which street setback area shall be undeveloped and/or landscaped. 4.13.6.1. Upon a finding by the Planning Board that a setback of lesser width would be sufficient to screen and/or separate the development from adjacent property, the setback may be reduced. The Board may require no-cut easements, conservation restrictions or the like where the setback has been reduced. 4.13.6.2. The Planning Board may also reduce the setback for MULTIFAMILY development of five or fewer units if the building is architectura museums, and private schools, including preschools and colleges. 5.3.8. Membership clubs, lodges, social recreational and community center buildings and grounds for games and sports, except those having as a principal purpose any activity which is usually carried on as a business (fairs and public benefits excluded). 5.3.9. Municipal use authorized by Town Meeting. 5.3.10. Other government uses. 5.3.11. Telephone exchanges, provided that there is no service yard or garage. 5.4. Uses and Structures Permitted by Special Permit. In the Suburban-Residential District, the Planning Board may grant a special permit for the following uses except that where an accessory apartment or the conversion of a single-family to a multi-family dwelling is allowed by SPECIAL PERMIT, the Special Permit Granting Authority shall be the Board of Appeals in accordance with Article 17 Accessory Dwelling Units and Conversion of Existing Single-Family Dwellings: **Webmasters Note: The previous section has been amended as per an update approved at a town meeting held 5/15/06. 5.4.1. BED AND BREAKFAST. 5.4.2. A home occupation not otherwise permitted under Section 5.2 or 5.3. 5.4.3. The conversion of a single-family dwelling in existence for at least ten years prior to the application for a SPECIAL PERMIT to a two-family dwelling, subject to the regulations for ""Accessory Dwelling Units and Conversion of Existing Single Family Dwellings"" in Article 17 of this Bylaw. 5.4.4. One accessory dwelling unit in a single-family dwelling in existence for at least five years to the application for a building permit, subject to the regulations for ""Accessory Dwelling Units and Conversion of Existing Single-Family Dwellings"" in Article 17 of this Bylaw. 5.4.5. Public or semipublic institutions of a philanthropic or charitable character, nursing homes, acute care and rehabilitation facilities. 5.5. Prohibited Uses. 5.5.1. Use of a MOBILE HOME on a residential LOT. 5.5.2. Parks for MOB permitted subject to SITE PLAN REVIEW and the requirements outlined below. 4.11.3. After adoption of this Bylaw, the Planning Board shall adopt rules and regulations to implement the Infill Residential Uses provisions of this Bylaw, following a public hearing. The Planning Board's rules and regulations shall be on file with the Town Clerk, and shall be updated annually by the Planning Board to set maximum purchase prices and rents for affordable housing units approved under this Bylaw. Maximum purchase prices and rents shall, where applicable, conform to the regulations and guidelines of the Local Initiatvie Program, 760 CMR 45.00. 4.11.4. Permitted Uses. Infill residential uses include the following, subject to compliance with the AFFORDABLE HOUSING Requirements at Section 4.11.7. 4.11.4.1. SINGLE-FAMILY DWELLING. 4.11.4.2. TWO-FAMILY DWELLING. 4.11.4.3. Multi-family, zero-lot line or common-wall dwelling units, up to four such units with a combined total of no more than eight bedrooms on a reduced-frontage lot. 4.11.4.4. A single-family dwelling unit built on a reduced FRONTAGE LOT may never be converted to a two-family or MULTI-FAMILY dwelling, and it may never be altered to include an accessory apartment. All infill residential uses shall be connected to the municipal sewer system. 4.11.5. SITE PLAN REVIEW. Infill Residential Use is subject to Article 19 of this Bylaw. 4.11.6. Aggregate Infill Residential Use Limitation. No more than 40 dwelling units may be permitted as infill residential uses in the Village Residential District. 4.11.7. AFFORDABLE HOUSING Requirements. An infill residential use must provide housing that meets the following requirements: 4.11.7.1. Low- and moderate-income housing eligible for listing on the Chapter 40B SUBSIDIZED HOUSING INVENTORY, i.e., affordable to households with incomes at or below 80% of area median income. 4.11.7.2. ""BELOW-MARKET"" housing units affordable to households with incomes between 81-100% of area median income. 4.11.7.3. The affordable housing requirements shall be met according to the following schedule of uses: Infill Residential Use,AFFORDABLE HOUSING Requirement Detached single-family dwelling f a single-family dwelling in existence for at least ten years prior to the application for a SPECIAL PERMIT to a two-family dwelling, subject to ""Accessory Dwelling Units and Conversion of Existing Single-Family Dwellings"" in Article 17 of this Bylaw. 6.4.4. Home specialty retail. 6.4.5. Public or semipublic institutions of a philanthropic or charitable character, nursing homes, acute care and rehabilitation facilities. 6.4.6. Assisted living facility or CONGREGATE LIVING RESIDENCE for the elderly or disabled, subject to ""Regulations for Assisted Living Facilities and Elderly Housing"" at Article 16 of this Bylaw. 6.4.7. Open Space-Residential Development, subject to ""Open Space-Residential Development"" regulations at Article 15 of this Bylaw. 6.4.8 Cemetery **Webmasters Note: The previous subsection has been added as per an update approved at a town meeting held 4/30/07. 6.5. Prohibited Uses. 6.5.1. Use of a MOBILE HOME on a residential LOT. 6.5.2. Parks for MOBILE HOMES. 6.5.3. Outdoor storage of more than one unregistered motor vehicle for more than ninety days, except on a farm. 6.5.4. Auto dismantling, junkyards, privately developed and operated septage waste disposal/treatment facilities and refuse disposal facilities are expressly prohibited. 6.5.5. Any use not explicitly provided for in this Bylaw. 6.6. Dimensional and Intensity Regulations. No building or STRUCTURE shall be located, constructed, changed, enlarged or permitted and no use of premises in the Agricultural Residential District shall be permitted except in conformity to the intensity and dimensional regulations as set forth herein. If a LOT is determined by the rules of Article 14 to be within a Water Resources Protection Overlay District, then the more restrictive regulations of Article 14 shall prevail. 6.6.1. Minimum LOT AREA: 87,120 square feet (ft2) 6.6.2. Minimum Are attached single family houses (townhouses, 3+ units) listed as an allowed use (by right or special permit)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know., Attached single family houses (townhouse, 3+) are not mentioned explicitly in the ordinance. However, this excerpt mostly deals with the Agricultural Residential District, which means that townhouses could be permitted in other districts. Therefore the answer is ""I don't know."" " "[INST] Context: Subsection A above and upon which one single one family residence and such structures normally accessory to such single one family residence exist as of the date of the enactment of Subsection B shall nevertheless be deemed to comply with the provisions of the Zoning By-Laws so long as such single one family residence remains on such lot. E. Residential Limited Business. (1) Allowed Uses: (a) Limited business; (b) Single and two family residences; (c) Agricultural use; (d) Customary home occupation as provided for in section 97-10C; (e) Church or other religious purpose; (f) Educational purpose which is non-profit or public; (g) Uses customarily accessory to allowed uses. (2) Prohibited Uses: (a) Any use not herein expressly allowed shall be prohibited. (3) Uses By Special Permit: (a) In appropriate cases and subject to appropriate conditions, safeguards and limitations on time or use, the Selectmen may grant an applicant a special permit to make use of the land or erect and maintain buildings or other structures thereon in accordance with the provisions of Chapter 40A of General Laws, if such use, buildings or other structures are in harmony with the general purpose and intent of this By-Law and with the provisions stipulated in § 97-10.C(1) (c) (d) & (e) for the purpose of municipal uses; A library; a nursing or rest home; a hospital; a private club; or a doctor's, lawyer's, or similar professional office; provided the Selectmen find, after a Public Hearing of which due notice is given to any party in interest as defined in Section 11, of Chapter 40A of the General Laws, that the proposed use, building or structure is for the best interest of the Town, is not injurious or obnoxious to the neighboring properties, will satisfy a community need or convenience not otherwise being served, will not affect abutting and nearby properties by increasing traffic and on-street parking, and that nothing connected with the use, buildings or structure, such as machinery, vehicles, material, supplies, equipment and waste materials shall be stored between the stre (2) Granting Authority. When a five-member Planning Board has been designated as the special permit-granting authority, one associate member may be authorized for a one-year term. The Board of Selectmen shall authorize/appoint the associate member who, upon the designation of the Chairman of the Planning Board, shall sit on the Board for the purposes of acting on a special permit application in the case of absence, inability to act or conflict of interest on the part of any member or in the event of a vacancy on the Board. [Added 4-22-2003 ATM, Art. 8] D. Definitions. (1) General. (a) For the purposes of this bylaw, the following words and phrases shall have the following meanings, except that terms (including without limitation, appurtenant structure, base flood, development, flood, flooding, flood elevation determination, flood-prone area, flood-proofing mean sea level, mobile home, new construction, regulatory floodway, sand dunes, structure, substantial improvement and water surface elevation) used in Section 97-4E of this By-Law, including all sections thereof inclusive shall be as set forth in Section 1909.1, Subchapter B of Chapter X of Title 24 of the Code of Federal Regulations, a copy of which Section 1909.1 shall be kept on file with the Town Clerk, the Planning Board and the Building Inspector. (2) Written Definitions. ACCESSORY APARTMENT : one dwelling unit associated with a single-family dwelling which is subordinate to the principal unit. ACCESSORY STRUCTURE : A structure which houses or is being used for something other than an allowed principal use. ADULT ARCADE : an establishment or portion thereof where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five (5) or fewer persons each, are used to show films, motion pictures, video cassettes, computer displays, slides, or other photographic reproductions which are characterized by the depiction or description of ""Specified Sexual Activiti istry of Deeds in Salem prior to March 21, 1978, and otherwise met all of the applicable requirement of the Zoning By-Law in effect at the time it was recorded or registered. Notwithstanding any provisions of this By-Law, a single residence or any other permitted buildings or structures may be erected in the agricultural-residential district on any lot which has not less than 20,000 square feet, and was recorded at the Registry of Deeds in Salem prior to March 21, 1978, and otherwise met all of the applicable requirement of the Zoning By-Law in effect at the time it was recorded or registered. This provision shall not apply to the Plum Island Zoning District, which shall instead be governed by G. L. c.40A, s 6, Para 4. C. Customary home occupations: (1) Customary home occupations (such as professional and business offices, arts and crafts shops, tradesman's shops and miscellaneous repair services) may be conducted in a dwelling or building accessory thereto by a person residing on the premises are permitted provided that: (a) Such use is clearly incidental and secondary to the residential use; (b) Not more than two (2) persons other than the resident is9 regularly employed thereon; (c) No offensive noise, odors, glare or unsightliness is produced; (d) There is no public display of goods or wares except for such signs as are permitted; and (e) That there is no exterior storage of materials, equipment [including the parking of more than one (1) commercial vehicle] or waste material that would indicate the presence of the use or violate the residential character of the premises. D. Accessory Apartments in the Agricultural-Residential District. [Amended 10-24- 2006 STM by Art. 3] (1) Purpose and Intent: It is the intent of this article to allow accessory apartments for non-rental purposes, including kitchens, within single family properties in the Agricultural-Residential Distr ] (1) Purpose and Intent: It is the intent of this article to allow accessory apartments for non-rental purposes, including kitchens, within single family properties in the Agricultural-Residential District for the purpose of supplying accessory housing stock in owner-occupied properties within the Town of Newbury. (2) Allowed Use: A non-rental accessory apartment may be allowed upon issuance of a building permit by the Building Inspector subject to the conditions and requirements set out in this bylaw. (3) Accessory Apartment Applicability: The Building Inspector shall issue a building permit for an accessory apartment in a detached, one family dwelling in the Agricultural Residential District provided that the dwelling unit and the proposed apartment meet the following conditions and requirements. (a) The owner of the dwelling in which the accessory apartment is created, shall occupy either of the dwelling units in the located structure in question, with temporary absences of up to six months. (b) For the purposes of this section, the ""owner"" shall be one or more individuals residing in a dwelling unit, who holds title and for whom the dwelling is the primary residence for voting and tax purposes. (c) The gross floor area of the dwelling, including the basement shall be at least 1600 square feet. (d) The size of the accessory apartment shall not exceed 35% of the principal dwelling unit at the time of the granting of the special permit. (e) No more than one accessory apartment shall be allowed per residential lot. (f) There shall be no boarders or lodgers within either unit of a dwelling with an accessory apartment. (g) There shall not be more than two bedrooms in the accessory apartment. (h) The Accessory Apartment must be within or have a common wall and common interior door with the single-family dwelling unit. (i) The existing house and the access ARTICLE III REGULATIONS OF USE DISTRICTS § 97-3. Regulations of Use Districts. A. General. In all zones where allowed, except for shopping centers, farms, industrial complexes, community facilities, and public utilities, only one principal structure shall be permitted on each separate lot. B. Written Description of Regulations. No building, structure or land shall be used, constructed, erected, placed, or converted, in whole or in part, for any purpose or in any manner other than for one or more of the uses set forth in § 97-3. Exceptions: These regulations shall not prohibit, regulate, or restrict the use of land, buildings, or structures for religious purposes or for educational purposes on land owned or leased by the Commonwealth of Massachusetts or any of its agencies, subdivisions, or bodies politic, or by a religious sect or denomination, or by a non-profit educational corporation. C. Agricultural Residential District. (1) Allowed Uses: (a) Single and two family residences; (b) Agricultural uses; (c) Customary home occupation as provided for in section 97-10C; (d) Church or other religious purpose; (e) Educational purpose which is non-profit or public; (f) Uses customarily accessory to allowed uses. (2) Prohibited Uses: (a) Any use not herein expressly allowed shall be prohibited. (3) Uses By Special Permit: (a) Bed & Breakfast establishments as provided for in § 97-5B; (b) In appropriate cases and subject to appropriate conditions, safeguards and limitations on time or use, the Selectmen may grant an applicant a special permit to make use of the land or erect and maintain buildings or other structures thereon in accordance with the provisions of Chapter 40A of General Laws, if such use, buildings or other structures are in harmony with the general purpose and intent of this By-Law and with the provisions stipulated in § 97-10.C(1)(c)(d) & (e) for the purpose of municipal uses; A library; a nursing or rest home; a hospital; a private club; or a doctor's, lawyer's, or similar professional office; provided the Selectmen find, aft Are attached single family houses (townhouses, 3+ units) listed as an allowed use (by right or special permit)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know, Attached single family houses (townhouse, 3+) are not mentioned explicitly in the ordinance. However, this excerpt mostly deals with the Agricultural Residential District, which means that townhouses could be permitted in other districts. Therefore the answer is ""I don't know."" " "[INST] Context: Board shall be the Special Permit Granting Authority (SPGA) for all Special Permits under this by-law. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held on 5/10/04. 19.3.2 Multiple Units. This bylaw shall apply to the construction of six (6) or more multi-family dwelling units, whether on one or more contiguous parcels, in existence as of October 8, 2003 and shall require a Special Permit. 19.4 MANDATORY PROVISION OF AFFORDABLE UNITS The Planning Board shall, as a condition of approval of any division of land or construction of multiple units referred to in Section 19.3, above, require that the applicant for approval of a Special Permit comply with the obligation to provide affordable housing pursuant to this bylaw and more fully described in Section 19.5, below. 19.5 PROVISION OF AFFORDABLE UNITS The Planning Board shall deny any application for a Special Permit for division of land or construction of multiple units under this by-law if the applicant does not comply, at a minimum with the following requirements for affordable units. 19.5.1 At least ten (10) percent of the lots in a division of land or units in a multiple unit development subject to this by-law shall be established as affordable housing units in any one or combination of methods provided for below. Fractions of a lot or dwelling unit shall be rounded up to the nearest whole number such that a development proposing six (6) dwelling units shall require one affordable unit, a development proposing eleven (11) dwelling units shall require two affordable units and so on: 19.5.1.1 The affordable units shall be constructed or rehabilitated on the subject property; I 19.5.1.2 the affordable units shall be constructed or rehabilitated on a property different than the property subject to the Special Permit; 19.5.1.3 the applicant shall make an equivalent fees-in-lieu-of payment (see Section 19.10); 19.5.1.4 the applicant may offer, and the Planning Board after consultation with the Board of Selectmen may accept, donations of land in fee simple, on or offsite, that the Planning Board determines are suitab nd/or restriction and such easements and/or restrictions to the Town allowing the Town to control all building rights in the area. Such restrictions shall be for the benefit of and enforceable by the Town. 5. The applicant shall submit a plan for maintenance of the open space area. The plan must be approved by the Planning Board. 6. The applicant shall give evidence that a functional relationship exists between the open land and the proposed clusters. Such land shall be of such size, shape, dimension, character and location as to assure its utility for park, conservation or recreation purposes. 7. Open space shall be restricted to recreational uses such as parks, playgrounds and conservation areas and shall not be built upon except as approved by the Planning Board. Only structures incidental to recreation, conservation or parks shall be allowed subject to approval by the Planning Board. TOWNHOUSE OR ROWHOUSE STRUCTURES 1. Not more than four (4) attached townhouse units shall be built in a row with the same or approximately the same, front building line. No row of attached units shall contain more than (six) 6 units. MULTI-FAMILY DWELLINGS 1. Except as modified by this article, all multi-family dwellings in a Cluster Development shall conform to the standards and restrictions set forth in the Zoning By-law. OFF STREET PARKING 1. Facilities for off-street parking shall be provided in conformance with Article V11 of the Zoning By-law. SIGNS 1. Signs erected, installed or displayed in a Cluster Development shall be in conformance with Article VIII of the Zoning By-law. ADMINISTRATION AND ENFORCEMENT 1. Cluster Development is allowed in certain zoning districts by special permit only. Guidelines for submission and approval of special permit applications shall be followed by the Planning Board in reviewing Cluster Development proposals. 2. In addition to the information required on all special permit applications, Cluster Development proposals shall contain documentation relevant to the specific requirements of this Article. Additional information which the Planning Board may require for the consideration of the above cluster regulations shall be provi ARTICLE XIX - AFFORDABLE HOUSING 19.1 PURPOSE AND INTENT The purpose of this bylaw is to provide housing in the Town of Norton that is affordable to low or moderate income households. It is intended that the affordable housing units that result for this bylaw shall qualify as Local Initiative Units (LIP) in compliance with the requirements for the same as specified by the Department of Community Affairs,, Division of Housing and Community Development and that said units count toward the Town's requirements under G. L. Chapter 40B, Sections 20-23. 19.2 DEFINITIONS AFFORDABLE HOUSING UNIT . A dwelling unit available at an annual cost of no more than 30% of gross household income of households at or below 80% of the Boston MSA median income as reported by the U.S. Department of Housing and Urban Development including units listed under Massachusetts General Law, Chapter 40B, Sections 20-23 and/or the Commonwealth's Local Initiative Program (LIP). QUALIFIED AFFORDABLE HOUSING UNIT PURCHASER OR TENANT . An individual or family with household income that does not exceed 80% of the median income, with adjustments for household size, as reported by the most recent information from the United States Department of Housing arid Urban Development (HUD) and/or the Massachusetts Department of Housing and Community Development (DHCD). 19.3 APPLICABILITY 19.3.1 Division of Land. This bylaw shall apply to the division of land held in single ownership as of October 8, 2003, or anytime thereafter, into six (6) or more lots, whether such lots are created at one time or cumulatively from said land held in single ownership, and shall require a Special Permit. A Special Permit shall be required for land divisions under G.L. c. 4 f A, Section 9 as well as for ""conventional"" or ""grid"" divisions allowed by G.L. c. 41, Section 81-L and Section 81-U, including those divisions of land that do not require subdivision approval. The Norton Planning Board shall be the Special Permit Granting Authority (SPGA) for all Special Permits under this by-law. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting ARTICLE IV - USE REGULATIONS 4.1 In each district, except Village Commercial, only the principal and the Y - use permitted within the district (uses allowed by right may require a Special Permit if they are above certain thresholds. See Article XV - Site Plan Review) N - use not permitted within the district SP - Special Permit needed for use within the district 4.2 Residential Uses ZONING DISTRICTS ALLOWED USES ,,R-60,,VC,, I PRINCIPAL USES, , , , , , 4.2 Residential Uses, , , , , , Single-family dwelling,XY,XY,XY,XY, N,XN Single-family dwelling with accessory apartment provided that the appearance of a single-family home is maintained and Board of Health requirements are met.,XY,XY,XY,X,N,N Duplex,SP,SP,SP,SP,N,N Common driveway,SP,SP,SP,SP,SP,SP Multi-family dwelling (excluding cluster development),N,N,SP,SP,N,N Cluster Development,SP,SP,SP,N,N,N Housing for the elderly,SP,SP,SP,SP,SP,N Tourist or Rooming House,SP,SP,SP,Y,N,N Bed and Breakfast,SP,SP,SP,Y,Y,N Mobile Home Park,N,N,N,N,N,N Mobile Home (temporary),SP,SP,SP,SP,N,N ""Institutional, educational facilities"",Y,Y,Y,Y,SP,SP Religious facilities,Y,Y,Y,Y,SP,SP ""Hospitals, nursing or convalescent homes"",SP,SP,SP,SP,SP,N Public or government buildings or uses,SP,SP,SP,Y,Y,N Private nursery school. day care center,Y,Y,Y,XY,XY,XY ""Non-Profit, membership owned health or recreational club Including country club serving residents of Norton"",N,N,N,X,XY,N Fraternal lodge or other non-profit civic use Serving residents of Norton,N,N,N,X,XY, **Webmasters Note: The previous chart has been amended as per an update approved at a town meeting held 5/8/06. 4.3 Open Space, Agriculture and Recreational Uses ,R-80,R-60,R-40,VC, 10, ""4.3 Open Space, Agriculture and Recreational Uses"", , , , , , ""Public parks, playgrounds"",X,X,X,XYYYYYN,X,X ""Horticulture, floriculture and minor agriculture"",X,X,X,XYYYYYY,X,X Cemetery,X,X,X,XYYYY,X,X Recreational day camps,X,X,X,XYYYYYN,X,X Public recreations areas,XY,,X,XY, Y, N Golf course,SP,SP,SP,SP,SP, N Health or recreational club,N,N, N,SP,Y,SP Outdoor lighting for non-residential use in excess of thirty (30) feet in height,SP,SP,SP,SP, SP,SP ""Farms feet per unit; within Zone III the minimum lot area for residential and non-residential use shall be 60,000 square feet per unit except that in the Village Commercial zoning district the minimum lot area for residential and commercial uses shall be as per the dimensional requirements of the Village Commercial district. b. No existing lot used for multi-family dwellings shall be changed in size so as to result in a violation of the requirements of this Section. c. Lots may be reduced through the Residential Cluster Development Special Permit process (Section 6.8 43), provided that the provisions of Section 6.8 #2, as amended in Article 23, Norton Town Meeting of 5/2/88, are met. 6.8 RESIDENTIAL CLUSTER DEVELOPMENT REGULATIONS a. Single-family, duplex, and multi-family Cluster Development may be allowed by a special permit in Zoning District specified in Table 4.2. b. In order to encourage better site planning in the placement of buildings and improvements, the Planning Board may allow more than one building to be located on a single lot. DIMENSIONAL REQUIREMENTS 1. The site proposed for Cluster Development shall be not less than ten acres for Single-family, fifteen acres for duplex and twenty acres for Multi-family in area and shall be under a single owner or a group of owners acting jointly. 2. No site shall be developed in a manner which would result in a greater number of dwelling units being constructed in a Cluster Development than would be permitted in a conventional single family development on the same site. 3. In Cluster Development made up of individual lots, each lot may be reduced in size up to 50% from the minimum size allowed in the zoning district in which the site is located. Where on-site sewage disposal is required, a minimum lot area of 40,000 square feet shall be required. 4. The Townhouse or Rowhouse Development without individual lots, the area allocated to buildings, streets, parking and storage areas shall not exceed 50% of the building site area if the maximum number of allowable units are proposed. The area allocated to buildings, streets, parking and storage area may be reduced from 50% of total building site area in a ratio equival Are attached single family houses (townhouses, 3+ units) listed as an allowed use (by right or special permit)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Townhouses are allowed by special permit in Norton, as well as through cluster developments. " "[INST] Context: ng for one family in a connected row of three (3) or more dwellings, where one family is not living over another. MUNICIPAL PROPERTIES REUSE DEVELOPMENT (MPRD) : A municipal properties reuse development shall mean the development of municipal properties no longer serving a municipal purpose, as a single entity, in which a mixture of residential, open space, commercial, and light industrial uses, and a variety of building types and designs, are determined to be sufficiently advantageous to render it appropriate to grant a special permit to the extent authorized by this zoning ordinance. (Ord. of 9-16-82, § 1) NATURAL WOODLANDS : A grouping of mature indigenous trees with a minimum density of twenty (20) trees of six (G) inches' diameter or greater per ten thousand (10,000) square feet throughout (Ord. of 5-9-97, § 1) NEIGHBORHOOD BUFFER : A landscaped area sufficient in depth and screening to visually separate one land use from one another. (Ord. of 5-9-97, § 1) NURSING HOME : Any place or institution for the aged, infirm, chronic or convalescent whether conducted for charity or for profit which is established to render domiciliary care, custody, treatment or lodging for three (3) or more unrelated persons who require or receive assistance in ordinary daily activities of life or who are confined to bed or chair. (This term includes boarding and rooming houses for aged people, convalescent homes, rest homes, homes for the aged or infirm and convalescent homes for children, but does not include hospitals, clinics and similar institutions devoted primarily to the diagnosis and treatment of disease, injury, maternity cases or mental illness.) ONE-FAMILY DWELLING : A detached dwelling designed for and occupied by a family excluding mobile homes. (Ord. of 5-10-84, § 4) ORNAMENTAL TREE : A small to medium size deciduous tree, noted for its form, leaf color, texture, flowers, or fruit, used to provide vegetative screening along a driveway, beside a building, or within a landscaped buffer. (Ord. of 5-9-97, § 1) OVERLAY ZONE t a scale of not less than forty (40) feet to an inch and shall include as necessary or applicable for each special permit use the following: (a) The extent of the site with all lot lines identified by metes and bounds; (b) Names of owners and abutters as shown on most recent real estate tax list (c) Sizes and locations of existing and proposed structures and any adjacent structures within fifty (50) feet of the site and including proposed structures and any adjacent structures within fifty (50) feet of the site and including proposed type of construction and proposed building materials; (d) Existing and proposed contours at two-foot intervals; (e) Number and location of proposed parking spaces; (f) Sizes and locations of water, sewerage and drainage systems; (g) Driveways and vehicular circulation providing access to and egress from the site; (h) Walks and recreation, open space and conservation areas; (i) Land uses, both existing and proposed; (j) Landscaping and site development details including walls, fences, outdoor lighting and ground surface materials; (k) Bounding streets and any unused or unique natural features of public areas in the immediate vicinity; and (l) If an applicant or predecessor in title has previously filed a site plan with the permit granting authority regarding the subject parcel of land and/or building and use, no additional site plan shall be filed in the event the application refers only to a change in use. (Ord. of 5-104, §§ 19-21) 4.4.3 Reserved. 4.4.4 Cluster development requirements. (a) Definition: Single detached one-family dwellings may be constructed on certain lots in a cluster development in the following zones: R 1, R 1A, R 113, R 2, R-3, and R-4 as hereinafter defined and limited, although such lots have less area or frontage, or both, than normally required. For this purpose, a cluster development is a division of not less than five (5) acres of land into lots used, or available for use as building sites, where said lots are cluste in relation to the proposed use of the land, and for the installation of municipal services to serve such land and the building or buildings erected or to be erected thereon. (Ord. of 5-10-84, § 5) STREET TREE : A large canopy deciduous tree, capable in size and mass of forming a vegetative screen along a roadway, driveway or parking lot. (Ord. of 5-9-97, § 1) STRUCTURE : Anything erected at a fixed location on the ground to give support, provide shelter, or satisfy other purposes including a building. SWIMMING POOL : A private or public facility, located above or below surrounding grade, exceeding one hundred (100) feet of surface area, confining a body of water deeper than eighteen (18) inches, as measured from the lowest point in the pool a vertical distance to the grade level or top of the pool; used for swimming, diving and various water sports. (Ord. of 5-10-84, § 6) TWO-FAMILY DWELLING : A detached dwelling designed for and occupied by no more than two (2) families, or two (2) one-family houses built together at the same time and separated by a fire-proof division with no openings. TRAILER : A vehicle without motive power designed to be drawn by a motor vehicle used for hauling and standing on wheels or rigid supports but excluding a mobile home. (Ord. of 5-10-84, § 7) UNIT : A part of a multiple family dwelling including one or more rooms, with appurtenant areas, such as balconies, terraces, and storage lockers, if any are stipulated in the applicable document of title, occupying one or more floors or part of parts thereof, including the enclosed space therein, intended for use by a family, and with a direct exit to a street or way or to a common area leading to a street or way. (Ord. of 5-10-84, § 8) USABLE OPEN SPACE : The part or parts of land or structures within a MPRD which are reserved for active or passive recreation use. This open space shall exclude parking areas, driveways, and walkways and open areas in commercial areas and shall be open and unobstructed to the sky. Trees, plantings, arbors, fen rate-Income has been deleted as per Ordinance No. 04-04. MODULAR HOMES : Homes built in two (2) or more sections in a factory that are brought to a site placed on a permanent foundation and permanently assembled. (Ord. of 10-11-84, § 2) MOTEL : A building intended and designed primarily for transient or overnight occupancy, divided into separate units within the same building, with or without public dining facilities, and characterized by direct access to every unit from an automobile parking space or facility including motor hotels and motor inns. MULTIPLE-FAMILY DWELLING A building designed for or occupied by three (3) or more families, living independently in dwelling units separated by vertical walls or horizontal floors, having separate sleeping, cooking, and sanitary facilities, and with separate or joint services for heat lighting, and other utilities (including apartments, garden apartments, townhouses, cooperatives, condominiums, row-houses and tenement houses): APARTMENT : A dwelling for more than two (2) families under one roof, or for one or more families above a first floor used for nonresidential purposes. GARDEN APARTMENT : A building or group of buildings on a landscaped lot not more than thirty-five (35) feet in height arranged, intended, and designed to be occupied by three (3) or more families per building, each family separated by party walls or floors from the other, with each apartment having individual living, sleeping, kitchen and toilet facilities, with those apartments with the floor below grade having window opening not less than thirty-six (36) inches in height with the bottom of said windows even with or above grade, such building or buildings occupying one lot in single ownership throughout and subject to the conditions and requirements of section 5.3.3 herein. ROW HOUSE : A dwelling for one family in a connected row of three (3) or more dwellings, where one family is not living over another. MUNICIPAL PROPERTIES REUSE DEVELOPMENT (MPRD) : A municipal properties reuse development shall requirements. (1) Multistory developments can include multiple-family dwellings, multistory single family cluster developments, or public housing. (2) The site shall have not more than eight (8) dwelling units/acre. A bonus density of not more than two (2) dwelling units/acre for a total maximum often (10) dwelling units/acre may be granted as a condition of the special permit provided that a minimum of ten (10) percent of the dwelling units provided at the site are assured to be sold or leased on terms affordable to individuals or households with incomes not exceeding those defined as ""moderate income"" by the Massachusetts Executive Office of Communities and Development or comparable governmental agency acceptable to the special permit granting authority. The assurances, referred to in the previous sentence shall be in the form of a covenant or other means acceptable to the special permit granting authority and shall be in full force and effect for a period of not less than ten (10) years from the date of the first sale, lease or transfer of said units. (Ord. of 8-25-88, § 3) (3) The facade of multistoried buildings shall be broken up by architectural detailing such as window protrusions, balconies, overhangs. (4) Buildings shall be sited to allow maximum amount of light to reach individual units. (c) Single-story/single-family development requirements. (1) Single-story developments may include detached site built houses, detached one unit modular homes assembled on site, or one story single-family cluster developments. All must have foundations and be permanently affixed. (2) The site shall have not more than a maximum of four (4) single-story detached dwelling units/acre. A bonus density of not more than one (1) unit per acre for a total maximum of five (5) dwelling units/acre may be granted by the special permit granting authority under the same terms and conditions as specified in 4.4.9(b)(2) of this ordinance. (Ord. of 8-25-88, § 4) (3) Each unit must have a minimum lot size of not less than ten thousand Are attached single family houses (townhouses, 3+ units) listed as an allowed use (by right or special permit)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, A multifamily dwelling in Peabody is defined as a building designed for or occupied by three (3) or more families, living independently in dwelling units separated by vertical walls or horizontal floors, having separate sleeping, cooking, and sanitary facilities, and with separate or joint services for heat lighting, and other utilities. This definition includes apartments, garden apartments, townhouses, cooperatives, condominiums, row-houses and tenement houses. Multifamily dwellings are permitted in Peabody, so therefore townhouses are allowed as well. " "[INST] Context: to approve any related plan for subdivision, nor reduce any time periods for Board consideration under the law. However, in order to facilitate processing, the Planning Board may, insofar as practical under existing law, accept a combined plan and application which shall satisfy both this section and the Board's regulations under the Subdivision Control Act. 7350. Conditions. Where a special permit for multifamily residential development is granted which is not subject to subdivision control, the Planning Board shall impose all or such part of its subdivision control requirements as it deems advisable as conditions upon its permit, including but not limited to the construction of roads and driveways, drainage facilities and other facilities and utilities, and shall require a bond or covenant in the manner prescribed in the subdivision regulations to secure performance of the entire plan for multifamily residential development as approved for special permit. 7400. TRAILERS 7410. General No person shall use or permit to be used for dwelling purposes within the town any trailer or similar mobile equipment, whether registered or unregistered, mobile or immobile, except that mobile trailers may be used for temporary dwelling purposes, provided that such use is licensed by the Selectmen, said license to be applied for by the occupant within three days after the unit is located in the town and with no license granted hereunder to be for a period exceeding six calendar months. 7420. Preexisting Trailers. The above restrictions shall not apply to trailers which are presently or are hereafter placed in any trailer park already in existence in the town or to any existing trailer presently being used for dwelling purposes, which trailers shall be subject to and limited by licenses, if any, presently in effect. 7421. Such trailers may be replaced by a trailer not more than 20% larger in volume than the lawfully preexisting trailer. 7500. REAR LOTS 7510. General In a Rural, Town Suburban or Recreational Residential District, a building and occupancy permit for one (1) single family dwelling unit may be issued notwithstanding the minimum frontage requirements set forth in Section 4000, subject to ises are offered for retail sales. STREET : An accepted town way, or a way established by or maintained under county, state, or federal authority, or a way established by a subdivision plan approved in accordance with the subdivision control law, or a way determined by the planning board to have sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. STRUCTURE : Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, ""structures"" include buildings, mobile homes and freestanding in-ground signs. For purposes of this chapter, ""structure"" does not include landscape features such as ornamental pools, planting boxes, sculpture, birdbaths, open terraces, walkways, driveways, shelters for pets, open stairs, recreational equipment, flagpoles, underground fallout shelters, mailboxes or outdoor fireplaces and tool sheds or like buildings with a floor area of less than 100 square feet. SUBDIVISION RULES AND REGULATIONS : The regulations for subdivision of land adopted by the Planning Board in accordance with municipal planning and subdivision control legislation contained in G.L. c. 41, ss. 81K to 81GG. SURFACE WATERS : All waters other than groundwaters, including without limitation rivers, streams, lakes, ponds, springs, reservoirs, impoundments, wetlands and certified vernal pools. TEMPORARY STRUCTURE : A structure without any foundation or footings to be removed within a twelve-month time period. Said structure shall conform to the requirements of the Table of Dimensional Requirements and shall receive a permit from the Building Commissioner. TOURIST HOMES, ROOMING OR LODGING HOUSES : A dwelling unit in which more than three persons are housed or lodged for hire by the day, week or month, either with or without meals. Such use shall not be deemed a home occupation. different than the one subject to the Special Permit; c. An applicant may offer, and the Planning Board, in concert with the Board of Selectmen may accept, donations of land in fee simple, on or off-site that the Planning Board determines are suitable for the construction of an equivalent number of affordable dwelling units. The Planning Board may require, prior to acceptance of land by the Town, satisfaction of the requirements of this Bylaw, that the applicant submit appraisals of the land in question, as well as other data relevant to the determination of value; d. For fractional affordable dwelling units, the applicant may round up to the next whole number of units or choose to pay equivalent fees-in-lieu of units proportionate to the percentage of the unit required; and e. Preservation of existing market-rate dwelling units as affordable dwelling units through the purchase of deed restrictions. 8616. All affordable dwelling units that are constructed on-site under this Bylaw shall be situated within the MUD so as not to be in less desirable locations than market-rate units in the MUD and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units. The Site Plan shall identify those lots/locations selected for affordable dwelling units. 8617. With the approval of the Planning Board, as an alternative to the requirements of Section 8610, an applicant subject to the Bylaw may develop, construct or otherwise provide affordable dwelling units equivalent to those required by Section 8610 off-site. To the maximum extent practicable, all requirements of this Bylaw that apply to on-site provision of affordable dwelling units shall apply to provision of off-site affordable dwelling units. In addition, the Planning Board shall approve the location of the off-site units to be provided as an integral element of the Special Permit review and approval process. 8618. As an alternative to the requirements of Section 8610 and as allowed by law and with the approval of the Planning Board, an applicant may contribute an amount in cash equal to the costs of construction such affordable dwe SECTION 3000. USE AND TIMING REGULATIONS 3100. PRINCIPAL USES. No land shall be used and no structure shall be erected or used except as set forth in the following Table of Use Regulations, including the notes to the Schedule, or as otherwise set forth herein, or as exempted by General Laws. Any building or use of premises not herein expressly permitted is hereby prohibited. 3110. Symbols. Symbols employed in the Table of Use Regulations shall mean the following: Y.Permitted as of right N.Prohibited BA Special Permit/Board of Appeals PB Special Permit/Planning Board BOS Special Permit/Board of Selectmen 3120. If Classified Under More than One Use. Where an activity may be classified as more than one of the principal uses listed in the Table of Use Regulations, the more specific classification shall determine permissibility; if equally specific, the more restrictive shall govern. 3130. Table of Use Regulations. SEE APPENDIX A. 3200. ACCESSORY USES 3210. Permitted Accessory Uses in All Districts The following accessory uses are specifically permitted as of right or by special permit: 3211. Accessory Scientific Uses. Uses, whether or not on the same parcel as activities permitted as a matter of right, which are necessary in connection with scientific research or scientific development or related production, may be permitted upon the issuance of a special permit by the Board of Appeals, provided that the Board finds that the proposed use does not substantially derogate from the public good. 3212. Family Day Care Homes. Small family day care homes, are allowed as an accessory use as of right in all districts. Large family day care homes are allowed in all districts only upon the issuance of a special permit by the Board of Appeals. 3220. Nonresidential Accessory Uses. Any use permitted as a principal use is also permitted as an accessory use provided such use is customarily incidental to the main or principal building or use of the land. Any use authorized as a principal use mit shall be limited to five years, or the transfer of the property, whichever first occurs. 3326. does not include sales at retail of foods or materials unless such goods or materials are made on the premises and no more than 300 square feet shall be utilized for this purpose; unless otherwise allowed by the Table of Use Regualtions. 3400. ACCESSORY APARTMENTS 3410. Purpose. For the purpose of (a) providing small additional dwelling units to rent without adding to the number of buildings in the Town, or substantially altering the appearance of the Town, (b) providing alternative housing options for elder residents, and (c) enabling owners of single family dwellings larger than required for their present needs, particularly elderly homeowners, to share space and the burdens of home ownership, the Board of Appeals may grant a special permit in accordance with the following requirements. 3420. Procedure. Accessory apartments may be allowed by special permit, from the Board of Appeals, in accordance with the special permit process in this Zoning Bylaw, as set forth in Section 9300, and provided that each of the following additional criteria are met. 3430. Conditions. 3431. A plot plan of the existing dwelling unit and proposed accessory apartment shall be submitted to the Board of Appeals, showing the location of the building on the lot, proposed accessory apartment, location of any septic system or sewer line, private well or water line and required parking. 3432. One of the two dwelling units shall be occupied by the owner of the property, except for bona fide temporary absence(s). At the hearing on the application for the special permit, the applicant shall provide an affidavit of intent to occupy one of the two dwelling units. Any special permit for an accessory apartment shall lapse if neither unit is owner-occupied. 3433. Not more than one accessory apartment may be established on a lot. The accessory apartment shall not exceed 800 sq. ft. in gross floor space and shall be located in the pri Are attached single family houses (townhouses, 3+ units) listed as an allowed use (by right or special permit)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know, Based on the provided zoning regulations, attached single-family houses (townhouses, three plus units) are not explicitly listed as an allowed use either by right or through special permit. However, without a full list of Pepperell's zoning districts, I am unable to determine if attached single-family houses are permitted (or not permitted) in Pepperell. " "[INST] Context: viously occupied. Dwelling, Detached Residential Cluster - A dwelling unit having reduced yard, frontage, and area requirements and a provision for open space as conditions of a special permit. (Amended at Annual Town Meeting, 1987.) DWELLING, MOBILE - A movable living unit designed for year round occupancy, sometimes termed a trailer home, whether on wheels or on rigid supports. DWELLING, MULTI-FAMILY - A structure occupied by three or more families living independently of each other. DWELLING, SINGLE-FAMILY - A detached building occupied by a single family and having no party wall, or walls in common with an adjacent structure. DWELLING, TWO-FAMILY - A detached building designed for two families. DWELLING UNIT - A single unit providing complete independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation. (Amended at Annual Town Meeting, 1987.) EARTH REMOVAL - Extraction of sand, gravel, topsoil, or other earth for sale or for use at a site removed from the place of extraction, exclusive of the grading of a lot preparatory to the construction of a building for which a building permit has been issued, or the grading of streets in accordance with an approved Definitive Plan. ERECT - To build, construct, reconstruct, move upon, or conduct any physical development on the premises required for a building. To excavate, fill, drain, and the like preparation for building shall also be considered to erect. ESTABLISHMENTS WHICH DISPLAY LIVE NUDITY - Any establishment which provides live entertainment for its patrons, which include the display of nudity as defined in M.G.L. Chapter 272, Section 31. (Amended by adding 6/7/99 ATM) FAMILY - Any number of individuals living and cooking together on the premises as a single housekeeping unit. FARM - Premises used for gain in the raising of fur-bearing animals. FARM, OTHER STOCK - Premises used for gain in the raising of stock other than poultry, pigs or fur-b es of such club. Does not include golf clubs or sportsmen's clubs elsewhere defined, or clubs or organizations whose chief activity is a service customarily carried on as a business. CLUSTER DEVELOPMENT - An option which permits an applicant to build single family attached and detached units with reduced lot area and frontage requirements, so as to create a development in which the buildings and accessory uses are clustered together into one or more groups with adjacent common open land. (Amended at Annual Town Meeting, 1989.) CONTRACTOR'S YARD - Premises used by a building contractor or subcontractor for storage of equipment and supplies, fabrication of sub-assemblies, and parking of wheeled equipment. COVER - Naturally occurring vegetation: trees, shrubbery, and plant life. DEVELOPMENT - means any manmade change to improve or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. (Amended at Special Town Meeting, October, 1990) DISPOSAL - The deposit, injection, dumping, spilling, leaking, incineration or placing of any hazardous material into or on any land or water so that such hazardous material or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater. (Amended at Annual Town Meeting, 1989.) DWELLING - A building designed or used exclusively as the living quarters for one or more families. DWELLING, ATTACHED RESIDENTIAL CLUSTER - Two (2) or more attached dwelling units, each having individual entrances. (Amended at Annual Town Meeting, 1987.) DWELLING CONVERSION - Change in construction or occupancy of a dwelling to accommodate families in addition to the number by which it was previously occupied. Dwelling, Detached Residential Cluster - A dwelling unit having reduced yard, frontage, and area requirements and a provision for open space as conditions of a special permit. (Amended at Annu ses used, except in conformity with the intensity of use schedule, and no more than one building shall be erected or used on any one lot. 1.7 Correct Information is Applicant's Responsibility: The Planning Board assumes all information presented to it to be true and correct, unless evidence is presented to the contrary. The provision of full, true and correct information and the securing of all necessary rights, releases, licenses and permits from others are responsibilities of the applicant, and the failure to do so shall be deemed to be a reason to disapprove or rescind the approval of a subdivision plan and for other remedial action. 1.8 Waiver: The Planning Board may waive strict compliance with specific provisions of these Rules and Regulations, when such action is in the public interest and not inconsistent with the intent and purpose of the Subdivision Control Law. Specifically, the Board may waive or modify construction requirements for ways upon a condition limiting the lots on which buildings may be erected and the length of time for which the particular buildings may be maintained. Such waivers shall be endorsed on the plan to which they apply or contained in a separate document referred to on such plan. 1.9 Board of Appeals: The Board of Appeals established under Chapter 1, Subsection 1.2 of the Town of Plainville By-Laws shall serve as the Board of Appeals as provided for under Chapter 41, Section 81-Z of the Massachusetts General Laws. 1.10 Subdivision Control Law: For matters not covered by these Rules and Regulations reference is made to Sections 81-K to 81-GG, inclusive, of Chapter 41 of the General Laws. 1.11 Other Applicable Statutes: These Rules and Regulations do not supersede other applicable laws, by-laws, and regulations. Specifically, but without limitation, General Laws, Chapter 140, Section 30, regarding alterations of wetlands, and with Subsection 3.8 of the Zoning By-Law, regarding earth materials removal, apply in all subdivisions and elsewhere. 1.12 Access to Land: Members of the Planning Board and its agents may enter upon any lands and thereon make examinations and surveys, but any person injured by such entry or other acts without his consent may recover damages under General Laws, Chapter 79. 1.13 Application, Review and Inspection Fees: The Planning Board fees shall consist of (1) Application Fee, (2) Review Fee, and (3) Inspecition fees set forth in Appendix N. 1.14 Severability: If any provision of the f land; and to utilize land in harmony with neighboring properties; encourage creative and innovative site planning and design in order to enhance the attractiveness and suitability of smaller homes as a preferred alternative housing type in order to better meet the specific housing needs of this segment of the population and, to promote better utilization of land in harmony with its natural features and to retain the rural character of the Town. Where feasible, new homes shall be organized around traditional village streets. The dwelling units shall be of high quality construction with care being taken in landscaping efforts to retain as much as possible the natural topography of the village environs. To enhance the village concept, the developer should be encouraged to employ historic, traditional and complimentary style, colors, and exterior lighting for all the units as well as street lighting. B. General Standards No special permit shall be issued for a SHD use unless the standards set forth below are satisfied and, in addition no such special permit shall be issued unless all of the criteria for issuance of a special permit as set forth under this Zoning By-Law and under Massachusetts General Law 40A have been satisfied. (1) Minimum Tract Size: A tract of land consisting of not less than ten (10) acres, within residential zoning districts may be developed for the construction of a Senior Housing Development (SHD) Bylaw. (2) Location: The SHD is an overlay zoning district that shall be superimposed on the Single-Family Residential Districts RA & RB, and the General Residential Districts RC & RD of the Town of Plainville. (3) Development under the SHD Bylaw may only be authorized by a Special Permit granted by the Planning Board. (4) No building in the SHD shall be more than two (2) stories in height. (5) All dwelling units shall be detached from others or attached only along sidewalls in the so-called ""townhouse"" style. (6) No unit in the development shall have more than two (2) bedrooms. (7) No dwelling shall be allowed for the transfer of the unit to another eligible occupant. C. Density Incentives (1) Basic Senior Village Bonus. A Senior Village's base density is defined as four housing units per gross site acre except where noted above. To qualify as a Senior Village, a proposal shall, at a minimum: (a) set aside five percent (5%) of the total number of dwelling units provided on the site as affordable housing as defined in this Section; and (b) provide a minimum of thirty percent (30%) of the lot area as permanent, protected open space conforming to the open space standards as set forth in this Section. The minimum 30% open space requirements may be waived by the Board if the proposed Senior Village is within the RD General Residential District and includes the rehabilitation or renovation of a certified, historic or architecturally significant structure for use as senior housing. This enhanced base density for Senior Villages may be further increased according to the provisions below pertaining to: additional affordable housing; additional open space dedication; and rehabilitation of existing buildings. (2) Additional Affordable Housing. In addition to the minimum requirement of five percent (5%) on-site affordable housing, a density increase is permitted where proposals provide on-site housing opportunities for low or moderate income senior households. For the purpose of this Section, affordable housing shall be defined as dwelling units that are sold to, and occupied by, households earning up to 80% of the median area household income, as such median is defined by the United States Department of Housing and Urban Development (HUD). Affordable units shall, by deed restriction, remain affordable in perpetuity. The Planning Board will require that the Developer provide legally enforceable assurances, which are acceptable to the Planning Board, that the-affordable dwelling units will continue to be affordable in perpetuity. Affordable units shall be dispersed throughout the Senior Village and shall be externally indistinguishable from the ma Are attached single family houses (townhouses, 3+ units) listed as an allowed use (by right or special permit)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Townhouses and attached single family houses are allowed in cluster developments and Senior Housing Developments in Plainville." "[INST] Context: Table 8 - Multi-Family and Single-Family Attached Dimensional and Intensity Regulations ,TABLE,8, Multi-Family and,Single Family Attached,Dimensional and Intensity,Regulations ,MINIMUM LOT,REQUIREMENTS, Area,Least Dimension,Front Yard,Other Yard ""86,000"",200 Feet,30' Minor Street,2 Story: 30' ,,60' Collector Street,3 Story: 50' ,,100' Major Street, Net acreage may include up to 5% in water or in inaccessible wetland areas as determined by the Board of Appeals. Lot Utilization: Maximum floor area ratio, gross (FAR,G) =.45 (Total gross floor area/total site area) Minimum floor area net per dwelling unit = 768 sq. ft. Maximum building coverage (incl. accessory) = 25% Parking Requirements: Type Unit Min. Spaces Maximum Area For Parking 1.Bedroom 1.3 25% of site 2.Bedroom 2.0 ---or---3 Bedroom 2.6 Total Car Ratio = 0.83 4.Bedroom 3.0 (Parking area/Net floor area) whichever is least Total gross floor area is measured to the outside line of walls. Minimum useable open space 50% of site, exclusive of all above ground structures and vehicular facilities and rights-of-way. Number of dwelling units depends on the size of unit. G) EnVironmental Design Conditions. Multi-family and single family attached dwellings shall be subject to the following conditions and safeguards in addition to those specified in other sections. 1) Surrounding Areas. The site plan shall insure maximum compatibility with surrounding land uses and structures. The open space should normally create a greenbelt around the project to provide maximum buffering from more intense uses or traffic, to ease the transition to residential areas of lower density and preserve the overall natural character of the Town as much as possible. Where necessary, the Board of Appeals may specify adequate buffer planting. Where the site adjoins single family residential areas, the build 5) Accessory buildings. Accessory buildings, may be constructed in front of side yards as described previously. No accessory building may be constructed more than two (2) stories high or within six (6) feet of any other building of the same lot. All walls of accessory buildings which face adjacent lots shall have a triangular yard space as described in 4. above, It is recommended that any accessory buildings be placed to help define yard spaces or to create privacy for yard spaces. 6) Walls and other site elements. It may be required where considered necessary by the Board of Appeals, that permanent walls, fences, hedges, or other plant materials be used to define exterior yard space§ and to increase privacy for windows or yard spaces. Any such structures must be of compatible and durable nature. These elements should be carefully placed in relation to structures and yards and should contribute to a sense of variety and spatial enclosure along the street. 401.07 Mixed Density (R-20MD) A) Intent. To encourage compact development within the various villages of the Town and thus discourage haphazard sprawl or scatteration of development further into rural areas. B) Allowed Uses. All uses allowed in R-20SL zones. C) Special Permit Uses. All uses authorized by special permit in R-20SL zones except those subject to Environmental Design Conditions and all village density development uses. D) Special Permit Uses Subject to Environmental Design Conditions. All uses authorized by special permit subject to Environmental Design Conditions in R-25 zones and all village density development uses. E) Special Permit Uses Subject to Adequate Facility Conditions Village density development F) Prohibited Uses. All uses prohibited in R-40 zones. G) Dimensional and Intensity Requirements. See Table 5. 401.08 Multi-Family (R-20MF) A) Intent. To encourage compact development, thus discouraging scattered, sprawling, inefficient patterns of development. To provide alternative types of housing for people of differing housing needs. To insure adequate open areas and high design quality through Environmental Design Conditions. B) Allowed Uses. All uses allowed in R-20SL zones. C) Special Permit Uses. All uses authorized by special permit except those subject to Environmental Design Conditions in R-25 zones. D) Special Permit Uses Subject to Environmental Design Conditions. 1)-- All uses authorized by special permit subject to Environmental Design Conditions in R-25 zones. 2)-- Multi-family and single family attached dwellings subject to the Environmental Design Conditions specified herein. E) Prohibited Uses. Any use prohibited in R-40 zones. F) Dimensional and Intensity Requirements. See Table 5, Table 8 and Table 9 herein. Existing conditions on adjacent lots including generalized topography, tree coverage, and distance of existing structures from lot lines; +++Schematic plan of proposed uses of land and exact size, shape and location of all proposed structures, including walls and fences, +++ Parking, screening, landscaping and any other site elements required under this bylaw; +++ Proposed finish grading at two (2) foot contour intervals, and all provisions for drainage affecting the site or adjacent properties, +++Such other information as the-Building Inspector may reasonably required; including a plan of the entire subdivision in the case of single-family homes. **Webmasters Note: The previous subsection (A) has been amended as per Case No. 1855 dated 10/22/01. For additions to existing single family homes, or for additions to other uses which would be less than five hundred (500) square feet in area, which would not be in any required yard, the Building Inspector may require only the size and shape of the lot, the existing structure and the proposed addition. 1) Notice to Utilities: Accompanying the application plan shall be certification on a form provided by the Building Department, that notification of any proposed excavation in abutting streets, private rights-of-way and easements has been given to all appropriate public utility companies as determined by the Building Inspector, including but not limited to utility companies providing electricity, gas and telephone service. B.Approved Plan. Within fourteen (14) days of the receipt of complete application for a single-family detached and two-family detached dwelling and within thirty (30) days for other uses, and after proper review, and consideration of any decisions rendered by Town boards having jurisdiction, the Building Inspector shall mark and sign all copies of the plans as approved, approved conditionally, or disapproved. He may mark minor required changes in red in the case of conditional approval or may require the plans to be redrawn with corrections. Where the plans or other material suggest potential s 2. Inapplicability: This bylaw shall not apply to developments of one or more single-family units at a net density of one unit per sixty thousand (60,000) square feet or less: provided, however, that such developments shall be encouraged by the Town to be sited so that potential future development and of redevelopment opportunities are enhanced. 3. Exemption: The erection of a single or two-family house on any lot of record existing as of the effective date of this bylaw shall be exempt from the provisions and operation of this section. Also exempt is any lot shown on a plan endorsed by the Planning Board as ""Approval Not Required"", provided that the subject frontage is not created by a plan approved and endorsed under the Subdivision Control Law after the effective date of this bylaw. C. Procedures 1. Procedures and requirements for review and approval of special permits pursuant to this provision shall be the same as those prescribed in Section 205.01 generally for special permits, as supplemented and modified by the additional administrative and submission requirements of Section 205.03B with respect to Environmental Design Conditions and as supplemented or modified herein. For the purposes of Section 205.04 the Planning Board is hereby designated as the Special Permit Granting Authority. 2. The applicant shall further be required to submit all of the following information with respect to the proposed development: (A). Number of dwelling units by type (e.g., single family, duplex, multi-family) in the proposed development; (B). The number of bedrooms per unit; (C). Projected sewage flow generated per unit, as defined by Title V of the State Sanitary Code and the Town of Plymouth Board of Health. (D). Projected water supply demand per unit; (E). Width, grade and construction of the streets serving the proposed development and affected major intersections; (F). Projected generation rates for highway usage; (G). Existing volumes, capacities and ""level of service"" g two (2) dwelling units, designed for occupancy by not more than two (2) families. MULTI-FAMILY - A residential building designed for or occupied by two or more families, with the number or families in residence not exceeding the number of dwelling units provided. PATIO HOUSE - A dwelling unit allowed only in Planned Unit Developments, normally on a small lot, which may be either single family detached or attached, which often spans the entire width of the lot, and which is designed to create a private outdoor patio. SINGLE FAMILY DETACHED - A detached residential dwelling unit, other than a mobile home, designed for and occupied by one family only. SINGLE FAMILY ATTACHED - A single family residence which is attached to another single family residence by a roof, carport, breezeway, or a common party wall; commonly called a Townhouse or Rowhouse. TOWNHOUSE A form of single family attached dwelling unit which embodies separate units, normally with front and rear entrances and private yard space, and utilizing party wall construction. ELDERLY - for purposes of Section 311, elderly persons fifty-five (55) year of age or older., ELDERLY HOUSEHOLD - A household in which all permanent occupants are persons fifty-five (55) years of age or older. FAMILY - One or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage, no such family shall contain over five persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a family or families. FAST FOOD ESTABLISHMENT - see drive-in Restaurant or Fast Food Establishment. FILLING STATION OR SERVICE STATION - Buildings and premises where gasoline, oil, grease, and automobile accessories may be supplied and dispensed at retail, and where in addition minor or routine servicing and repair may be performed. FRONTAGE - That portion of a lot contiguous with a street or street right of way line and providing access thereto. FLOOR AREA, GROSS - The sum of the areas of each floor in a building measured from the exter Are attached single family houses (townhouses, 3+ units) listed as an allowed use (by right or special permit)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Multi-Family and Single-Family Attached Dimensional and Intensity Regulations provide for townhouses and attached single family houses. In addition, townhouses and attached single family houses are explicitly permitted for in the definitions section. SINGLE FAMILY ATTACHED - A single family residence which is attached to another single family residence by a roof, carport, breezeway, or a common party wall; commonly called a Townhouse or Rowhouse. TOWNHOUSE A form of single family attached dwelling unit which embodies separate units, normally with front and rear entrances and private yard space, and utilizing party wall construction." "[INST] Context: ee or more lots needs a Special Permit from the Zoning Board of Appeals. CLUB - a body or association owning or hiring space in a building or operating an activity for the use of its members. CONDOMINIUM - the land, the building, or buildings, all other improvements and structures thereon and all easements, rights and appurtenances belonging thereto, which have been, or will be, subject to the provisions of Chapter 183A, MGL. COOPERATIVE APARTMENT - (define) DWELLING, ONE-FAMILY - a free standing building exclusively for residential use by one family. DWELLING, TWO-FAMILY - a free standing building exclusively for residential uses by two families but not more than two families. DWELLING, THREE FAMILY - a free standing building used exclusively for residential uses by three families but not more than three families. DWELLING CONVERSION - conversion of a dwelling structure to accommodate not more than three dwelling units. See Section 7.8. DWELLING UNIT - a building or a portion thereof, constructed for residential purposes and containing cooking and bathroom facilities See Section 10.2. DULY CHARTERED MEMBERSHIP CLUB - meaning not clear (See GL 138:1). EDUCATIONAL AND RELIGIOUS USES - land or structures used for religious purposes on land owned or leased by a religious sect or denomination, or by a nonprofit educational corporation (Not subject to regulation other than reasonable provision concerning the bulk and height of structures and yard sizes, lot areas, set backs, open space, parking and building coverage). FAMILY - one person or several persons related by blood, marriage, or adoption and sharing cooking, storage, bathroom, living, and sleeping facilities in a dwelling as a single housekeeping unit; provided that a family may include not more than four additional persons not related to others by blood, adoption, or marriage, sharing such facilities and not having a tenant-landlord, foster home, lodger or boarder relationship with other occupants. FAMILY DAY CARE HOMES - As defined in Section Nine of Chapter Twenty-Eight A and Massachusetts General Laws Chapter 40A, Section 3, are allowed by right in all districts. Departmental Site Plan Revie urface exclusive of driveways, for each motor vehicle stored overnight or longer by any resident of said building. 10.4 APARTMENT BUILDING(s) ROW HOUSES COMPLEX(es) AND CONDOMINIUM BUILDINGS(s) CONTAINING FOUR OR MORE DWELLING 10.4.1 Applicability and Procedure The following criteria shall apply to all requests for multi-family residential developments. A special permit for multi-family development shall be subject to the procedures set forth in Sections 3.4, 3.5 and 3.6 inclusive. 10.4.2 General Criteria: In considering the granting of a special permit for the establishment of apartments, row houses, and other forms of multi-family structures, the Municipal Council (Council) shall take into consideration the needs of the community, the effect of the development upon the neighborhood and the community in terms of environmental impacts, socioeconomic impacts, municipal facilities, utilities, drainage, traffic, landscaping, and the health and welfare of the inhabitants, If, after consideration, the Council determines that the development is not in the best interest of the city for any of the aforementioned reasons, the application for said permit shall be denied. 10.4.3 General Requirements For each development, the applicant shall submit twenty (20) copies of the proposed site plan to the City Planner's office in accordance with the Site Plan Review procedures of Section 15. 10.4.4 The Site Plan The site plan shall conform to the standards set forth in Section 15.6.1. 10.4.5 Dimensional Criteria The dimensional criteria for multi-family residential structures shall conform to the standards set forth in Section 6.3. 10.4.6. Development Density Multi-family developments in the Urban Residential District shall have a maximum density of 6 units per buildable acre. In determining net buildable area for new construction, no wetland or flood plain areas (FIRM Zone A or the Taunton Flood Hazard District) shall be calculated into the buildable area - i.e. if total area equals 20 acres of which 10 acres are wetland or flood plain, the net buildable area is 10 acres and the allowed density is 10 acres x 6 u ccupants. FAMILY DAY CARE HOMES - As defined in Section Nine of Chapter Twenty-Eight A and Massachusetts General Laws Chapter 40A, Section 3, are allowed by right in all districts. Departmental Site Plan Review is required. GROSS FLOOR AREA - the sum of the areas of the several floors of a building; not including cellars, parking area, or heating and ventilating equipment areas. GROUP DWELLING UNIT - A dwelling unit licensed by or operated by the Department of Mental Retardation or the Department of Mental Health as special residence set up to four (4) persons who may or may not be capable of self preservation from fire or other related hazards. GROUP RESIDENCE - a dwelling designed, intended, or used for occupancy by several adults not related by blood, marriage, or adoption who use in common some or all of the cooking, storage, bathroom, and living facilities and require no special training, care, or treatment. (See Section 10.2, Special Permits) HALFWAY HOUSE - an intermediate care center which provides temporary residential accommodation, guidance and supervision for three or more persons. (See Section 10.2) HISTORIC FACILITY : (define) INDUSTRIAL ACTIVITY - any manufacturing, processing, warehousing or commercial non-retail activity. LIMITED GROUP RESIDENCE - A building licensed by or operated by the Commonwealth Department of Mental Health or the Office for Children as a limited group residence. This is a residence for people not capable of self preservation. LINE, STREET - the side lines of a public way as laid out; the side lines of a way shown on a plan approved in accordance with the Subdivision Control Law; as to all other ways, two lines parallel to the center of the traveled way and twenty-five (25) feet distant from said centerline. LOT - an area of land in one ownership, with definite boundaries, used, or available for use as the site of one or more buildings, of which not more than 15% of the area shall be determined to be wetlands. Permanent water bodies shall not be calculated as part of total lot area for any lot in any zoning district. LOT LINE, FRONT - the line of any lot continuously abutting a street line as defined. On any lot bo ultifamily development, if applicable. Comparability. Affordable units shall be dispersed throughout the site and shall be compatible with, and as nearly indistinguishable from, market-rate units in terms of external appearance. Family Units. Except as otherwise provided by the authority granting the Special Permit, affordable units shall contain two or more bedrooms and shall be suitable in type and design for family occupancy. Public Land. Any residential development subject to this Section that is constructed or created on publicly-owned land may be required to provide additional affordable units as determined by the City of Taunton in its disposition program for the site. Options for Provision of Required Units. The low and moderate income units required in Section 14.2.4.3 may be provided in any one or combination of the following ways: (a) Construction of new units on the permit site. (b) Cash payment to the City of Taunton to be administered by the local housing partnership herein established to be used to make available housing units for low and moderate income households in a manner and at locations in conformance with provision of this section). The cash equivalent of the required units, as authorized in (b) above, shall be determined on a yearly basis by the Taunton Housing Development Trust and shall be equal to the current total construction cost of the unit or units required. Affordable units provided through such alternative methods shall comply, in all respects other than on-site location, with the requirements of this Section. 14.2.6 Compliance/Enforcement Affordability Restrictions. Affordable units shall be rented or sold subject to applicable deed covenants, contractual agreements, and/or other appropriate arrangements to assure long-term affordability. Purchase/Lease Options. The City may further require, for itself or its designee, an option to purchase or lease affordable units for amounts consistent with the provisions of this Section. Such option may apply to the initial and any subsequent sale or le SECTION TEN: USES AUTHORIZED BY SPECIAL PERMIT OF THE MUNICIPAL COUNCIL 10.1 PROCEDURES The requirements of Section 10.0 of the Zoning Ordinance of the City of Taunton for documentation and information when submitting an application for Special Permit to the Municipal Council shall apply to all applications for variances from the requirements of the said Section 10.0 submitted to the Zoning Board of Appeals which does not comply with the said requirements shall be determined to have been improperly filed and shall be rejected. The Board of Appeals may authorize use variances for uses and activities not otherwise permitted in the district in which the land or structure is located, provided, however, that no variance allowing the establishment of condominiums, apartments, two family dwellings, or row houses containing two or more dwelling units in any district shall be granted. (See Section 3.3, #3 consistency with use variance decisions) Applications for Special Permits of the Municipal Council shall be submitted as follows: The Zoning Ordinance shall provide for specific types of uses which shall only be permitted in specified districts upon the issuance of special permit. Special permits may be issued only for uses which are in harmony with the general purpose and intent of this ordinance and shall be subject to general or specific provisions set forth therein; and such permits may also impose conditions, safeguards, and limitations on time and use. Refer to Section 3.4 and 3.5 for more information on the special permit process and the Special Permit Granting Authority. 1). The applicant shall submit plans to the City Planner who shall advise the applicant as to the pertinent sections of the Zoning Ordinance. The applicant shall submit the special permit application to the City Planners office for distribution to interested departments and boards for review. The original application shall be submitted to the City Clerk's Office. The special permit application shall be reviewed by the City Planner for completeness before the application is referred to the boards and departments. Plans submitted for review Are attached single family houses (townhouses, 3+ units) listed as an allowed use (by right or special permit)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes, Multi-family residential developments, which are definied by Taunton as including rowhouses, a form of attached single family houses, are permitted in Taunton. This means that the answer is ""Yes."" " "[INST] Context: 6. Uses Allowed with Special Permit of the Board of Selectmen with Site Plan Approval a. antique shop b. shop or studio of an artist, potter, sculptor, silversmith, woodcarver, or similar craftsman c. office of a doctor, dentist, lawyer, accountant, architect, engineer, or similar professional, provided that for the above uses, the following shall apply: (i) all work and storage shall be conducted within the building and no more than three full-time employees or their equivalents, shall be employed on the premises; (ii) the use is conducted within a building owned by the Town of Weston, which building has a gross floor area equal to or less than 1500 s.f. and been designated by the Weston Historical Commission as a building of historic significance; (iii) all proposed interior and exterior renovations of the building and the site have been reviewed by the Historical Commission and the Historical Commission has issued an advisory report that such renovations will not adversely affect the historical integrity of the building and the site on which it is located; (iv) the Board of Selectmen finds that the impacts on the neighborhood expected to be generated by the proposed use are consistent with other uses permitted in Single Family Residence Districts; (v) the use may be subject to such further terms and conditions as shall be deemed appropriate by the Board of Selectmen in order to preserve the integrity of the historic building and to protect the surrounding neighborhood from detrimental impacts. C. MULTIPLE DWELLING DISTRICTS (A and B) 1. By-Right Uses a. Single Family Residence containing one housekeeping unit only, conforming to Single Family Residence District A requirements; b. Preservation of a lot in its natural condition; fields, pastures, woodlots, and orchards; greenhouses for private use; farm; sale or offering for sale of farm products by owner or resident tenant pro educational corporation, in accordance with G.L. c. 40A, §3; and iii. Child Care Facility, in accordance with G.L. c. 40A, §3; provided that: off-street parking is provided in accordance with Section VIII.A ""Regulations for off-Street parking"" and height, setbacks and lot area are maintained in accordance with the requirements for the District in which the land, buildings, or structures are located. d. Upon issuance of a special permit, activities necessary in connection with scientific research or scientific development or related production, which are accessory to activities permitted in the district as a matter of right, provided the Special permit Granting Authority finds that the proposed accessory use does not substantially derogate from the public good. 4. All other uses of buildings, structures and land shall be subject to the requirements and limitations set forth in this Zoning By-law for the zoning district(s) in which the particular building, structure or land is located, including, Accessory Uses in connection with lawful Principal Uses. Accessory Uses are subject to the same special permit and/or site plan approval requirements as the principal use(s) served. B. SINGLE FAMILY RESIDENCE DISTRICTS (A, B, C and D) 1. By-Right Uses a. Unless located on a lot which bounds on a Scenic Road as defined in Section II, single family detached dwelling containing one housekeeping unit only, together with accessory buildings not containing a housekeeping unit. The number of such dwellings with such accessory buildings on any one lot shall not exceed the number which can be located thereon in conformity to Section VI, Subsection F.2., ""Numbers and Location of Dwellings on One Lot""; The Residential Gross Floor Area ""RGFA"" of any new or replacement single family dwelling use constructed pursuant to a building permit issued on or after October 29, 1998, may not exceed the greater of 3,500 s.f. or 10% of the lot ar by the intersecting sidelines of any street or way, whether public or private, and a line joining each sideline at points 35 feet distant from the point of intersection of the sidelines: in the case of rounded corners the distance shall be measured from the point of intersection of the side lines when projected. The provisions of this Subsection shall not require the removal of any existing tree whose entire foliage is not less than 10 feet above its base and whose trunk is not of a size or shape to obstruct the view of traffic for operators of motor vehicles. 2. Number and Location of Single Family Dwellings on One Lot Except as may be permitted in an AARD, the number and location of single family dwellings on any one lot shall be such that every dwelling (and its accessory structures) can be provided sufficient land to form a separate lot which will itself be in full conformity to the regulations of this Section VI, and on which every dwelling (and its accessory structures) will be in full conformity thereto; and upon alienation of any such dwelling it shall be provided with such a lot and every dwelling remaining on the original lot shall be left capable of being provided with the same. 3. Gross floor Area Limitation In all Single Family Residence Districts, for any use other than single family detached dwelling, church, or other religious purpose, educational purpose if conducted by a religious or non profit entity, or municipal purpose, the gross floor area (as defined in the State Building Code) of any buildings and parking structures divided by the total lot area shall be no greater than 0.10; and all lots and structures relating to any such use shall conform to the dimensional requirements of the residential district where they are located. Any project granted Site Plan Approval by the Planning Board before April 18, 1991 is not subject to the provisions of the paragraph provided that such project obtains any required Special Permit by May 6, 1992. G. ACCESSORY APARTMENT The Special Permit Granting Authority may authorize, in any Residential District, the alteration of a Sing SECTION I. PURPOSES AND VALIDITY A. PURPOSES The purposes of this Zoning By-law are to promote the health, safety, convenience, morals and welfare of the inhabitants of the Town and to accomplish all other lawful objectives of zoning, including, but not limited to, the purposes and objectives set forth in Section 2A of Chapter 808 of the Acts of 1975. B. VALIDITY The provisions of this Zoning By-Law are severable and if provisions, or the application of such provision to any property, person or circumstances, shall be determined by judicial process to be invalid, such invalidity shall not be construed to affect the validity of any other provision or the application of any provision to any other property, person or circumstances. If in a Single Family Residence District any such regulation shall be held, by judicial process to be invalid with respect to any property, that property thereafter shall be subject to the comparable regulation applicable in the class of single family residence district next following in the alphabetical designation found in Section IV, Subsection a ""District Designations"". whether full or part-time, in addition to the occupant shall work at the premises at one time; (viii) that traffic generated by such occupation is not inconsistent with traffic usually associated with a single family residence and there is adequate parking on the lot screened from abutting properties; (ix) that it does not create a hazard to health, safety, or welfare; (x) That there is no evidence of the occupation or occupations through persistent or excessive sound, vibration, dust, heat, glare, odor, or light discernible at the boundaries of the premises or through interference with radio or television reception or other communications equipment. (xi) That, where required, there is compliance with Section V, Subsection B.5. 2. By-Right Uses Allowed With Site Plan Approval a. Privately owned and operated park or playground; b. New or replacement single family dwelling, together with accessory buildings not containing a housekeeping unit, in conformity with Section VI.F.2., which is constructed pursuant to a building permit issued on or after October 29, 1998, and which is located on a lot bounding on a Scenic Road as defined in Section II. c. New or replacement single-family dwelling, together with accessory buildings not containing a housekeeping unit, in conformity with Section VI, subsection F.2, which is constructed pursuant to a building permit issued on or after October 29,1998 and which exceeds the RGFA limit provided in Section V.B.1.a. 3. Uses Allowed With Site Plan Approval and By Special Permit a. Private cemetery; b. Noncommercial club; c. Family day care; d. Day camp; e. Philanthropic or charitable institution, but not a correctional institution or place of detention; f. Accessory use by not more than one business entity of a railroad station existing as of May 1, 1979, provided that no more than four persons are regularly engaged in the activi Are attached single family houses (townhouses, 3+ units) listed as an allowed use (by right or special permit)? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know, There is provision for multiple dwelling districts in Weston, but what counts as a ""multiple dwelling"" is not defined. This means that attached single family dwellings could be permitted in Weston, but there isn't enough evidence to make a determination. " "[INST] Context: two years, shall lose its protected status and be subject to all of the provisions of this zoning by-law. 2256. Reversion to Nonconformity. No nonconforming use shall, if changed to a conforming use, revert back to a nonconforming use. 2260. Accessory Apartments. 2261. Purpose. For the purpose of enabling elderly (as defined by 55 years of age and older) and/or handicapped persons to provide small additional dwelling units to rent or reside in without adding to the number of buildings in the Town, or substantitially altering the appearance of the Town for the reason of (a) enabling elderly/handicapped owners of single family dwellings to share space and the burdens of home ownership or (b) providing an alternative housing option for elderly/handicapped persons. Accessory apartments shall not be allowed in a Townhouse Development pursuant to Section 3900. An accessory apartment is incorporated within or attached to a single-family dwelling and is a subordinate part of the single-family dwelling and complies with the criteria below. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held on 5/21/07. 2262. Procedure. The Zoning Board of Appeals may issue a Special Permit for an accessory apartment only within a single-family home. Each of the following. conditions shall be met to qualify for an accessory apartment. 2263. Requirements. a. The gross (floor) living area shall not be greater than or be limited to eight hundred (800) square feet. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held on 5/21/07. b. Once an accessory apartment has been added to a single-family residence, the accessory apartment shall never be enlarged beyond the eight hundred (800) square feet, c. The owner(s) of the residence in which the accessory unit is created must continue to occupy the single-family house as their primary residence. The Special Permit shall automatically lapse if the owner no longer resides at the home. d. The Special update approved at a town meeting held on 6/16/03. 2530. Permit Issuance Limitations. Not more than seven (7) building permits shall be issued in any twelve month period for construction of residential dwellings on any tract of land divided into more than seven (7) lots. 2540. Special Permit. More than seven (7) building permits on a tract of land in a twelve month period may be allowed upon the award of a special permit from the Planning Board. The Planning Board may grant a special permit for such permits only where the Board determines that two or more of the following goals are likely to be promoted by the award of a special permit: **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held on 6/16/03. 2541. the impact of the proposed division of land on schools, recreational facilities, and other public facilities is projected to be less than 50% of that feasible by orthodox development on the parcel; or 2542. the proposed division of land preserves open space, unique natural features, and/or agricultural resources; or 2543. the proposed division of land promotes housing for citizens over the age of fifty-five (55). 2550. Divisions Of Land With More Than 70 Lots. Where a tract of land will be divided into more than seventy (70) lots, the Planning Board may, by special permit, authorize development at a rate not to exceed ten percent (10%) of the units per year, in order to permit build-out of the project within a reasonable time. 2560. Extension of Zoning Freeze. The pro space shall be conveyed in conformance to the requirements provided in the Rules and Regulations Governing Townhouse Development Special Permits. 3955. Any proposed open space, unless conveyed to the Town or its Conservation Commission, shall be subject to a recorded restriction enforceable by the Town, providing that such land shall be perpetually kept in an open state, that it shall be preserved for the uses listed in Section 3951, and that it shall be maintained in a manner that will ensure its suitability for its intended purposes. 3960. Design Standards The following design standards are required: 3961. Buffer Areas: All dwellings and structures shall be located a minimum of sixty (60) Feet or may be reduced to a minimum of forty Feet (40) for over 55 housing at the Planning Boards discretion from adjacent properties, and one hundred (100) feet from adjacent surface waters or wetlands. Buffer areas shall be retained in their natural vegetative state to the maximum extent feasible, where the sixty (60) foot buffer or forty Feet (40) for over 55 housing of natural vegetation is not adequate (in the Planning Board's opinion) to screen the development from adjacent properties the Board may require additional plantings, earth berms and/or fencing. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held on 5/21/07. 3962. Building Envelope: All site plans shall locate a building envelope radius of forty (40) feet or thirty Feet (30) for over 55 housing from the outside edge of a townhouse building or group of buildings. Open space, ways, lanes and collectors may not be located within the building envelope. Parking, driveways, sidewalks, individual unit gardens/lawns etc. may be developed within the building envelope. For the minimum setback between buildings see the following Section 3963. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held on 5/21/07. 3963. Architectural style Architectural style shall be in harmony with the prevailing character and scale of buildings in the neighborhood and the Town through the use of appropriate building materials, (2) Minimum site of 5 acres in RA District 2240. Accessory Buildings and Uses. Any use permitted as a principal use is also allowed as an accessory use, as are others customarily accessory and incidental to permitted principal uses. 2241. Home Occupations As of Right. Businesses or professions incidental to and customarily associated with the principal residential use of premises may be engaged in as an accessory use by a resident of that dwelling; provided, however, that all of the following conditions shall be satisfied: a. The occupation or profession shall be carried on wholly within the principal building, or alternately the home occupation may be carried on within a structure accessory thereto. **Webmasters Note: The previous subsection has been amended as per an update approved at a town meeting held on 5/16/05. b. Not more than thirty (30) percent of the combined floor area of the residence and any qualified accessory structures shall be used in the home occupation. c. No person not a member of the household shall be employed on the premises in the home occupation. d. The home occupation shall not serve clients, customers, pupils, salespersons, or the like on the premises. e. There shall be no sign, exterior display, no exterior storage of materials, and no other exterior indication of the home occupation, or other variation from the residential character of the premises. f. No disturbance, as defined in Section 3600, shall be caused, nor shall the home occupation use or store hazardous materials in quantities greater than associated with normal household use. (amended ATM 5/22/00/app AG 6/29/00) g. Traffic generated shall not exceed volumes normally expected in a residential neighborhood. 2242. Home Occupations by Special Permit. Businesses or professions incidental to and customarily associated with the principal residential use of premises may be engaged in as an accessory use by a resident of that dwelling upon the issuance of a special permit by the Board of Appeals; provided, however,that all of the following condit Section 3.00 General 3.01 Limitation of One Dwelling on Any Lot Not more than one building designed or available for use for dwelling purpose shall be erected or placed or converted to use as such on any lot in a subdivision, or elsewhere in the Town of Carver without consent of the board. Does zoning include any provisions for housing that is restricted by age? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes. , Carver allows elderly residents (as defined by 55 years of age and older) and/or handicapped persons to provide small additional dwelling units to rent or reside in. These additional dwelling units cannot add to the number of buildings in the Town, or substantially alter the appearance of the Town. The reason for this provision is to enable elderly/handicapped owners of single family dwellings to share space and the burdens of home ownership and to provide an alternative housing option for elderly/handicapped persons." "[INST] Context: d occupied only by Eligible Households. d. The QSGOD shall not include the imposition of restrictions on age upon the entire District, but the development of specific Projects within the QSGOD may be exclusively for the elderly, persons with disabilities, or for assisted living, provided that any such Project shall be in compliance with all applicable federal, state and local fair housing laws and regulations and not less than 25% of the housing units in such a restricted Project shall be restricted as Affordable Housing. e. At least 10% of the Affordable Housing Units shall be handicapped-accessible. 4. Design and Construction. Units of Affordable Housing shall be finished housing units. Units of Affordable Housing shall be dispersed throughout the development of which they are part and be comparable in initial construction, quality and exterior design to other housing units in the development. The total number of bedrooms in the Affordable Housing shall be proportionate to the total number of bedrooms in all the units in the Development Project of which the Affordable Housing is part. 5. Affordable Housing Restriction. Each unit of Affordable Housing shall be subject to an Affordable Housing Restriction which is recorded with the appropriate registry of deeds or district registry of the Land Court and prior to such recording has been approved by DHCD. Such Affordable Housing Restriction shall contain the following: a. Specification of the term of the affordable housing restriction which shall be the maximum period allowed by-law but not less than ninety nine years; b. The name and address of a Monitoring Agent with a designation of its power to monitor and enforce the affordable housing restriction; c. A description of the Affordable Homeownership Unit, if any, by address and number of bedrooms; and a description of the overall quantity and number of bedrooms and number of bedroom types of Affordable Rental Units in a Project or portion of a Project which are rental. Such res are usually carried above roofs and are not used for human occupancy. (4) Deleted in its entirety at Adjourned Annual Town Meeting April 9, 1985. (5) This restriction does not apply to above-ground swimming pools. (6) Apartments--See Section VII for requirements. (7) No restriction. (8) Permit from the Planning & Zoning Board. (9) No industry which produces dust, fumes, smoke, odors, noise, or pollutants of any type shall in the future be constructed or placed on a parcel of land in the industrial zone within five hundred (500) feet of any church, school or dwelling, existing or in the process of being erected at the time of adoption of this by-law. (10) Where present buildings on adjoining lots are less than twenty-five (25) feet from the front lot lines, new buildings may be placed as near the way as the average of the buildings on said adjoining lots. A vacant lot shall, for this purpose, be treated as so occupied by a building set back twenty-five (25) feet. (11) Deleted Special Town Meeting 1/23/95 (12) Continuous minimum Lot Width shall require that each RESIDENTIAL LOT shall have 150 feet of frontage width, and at least 100 feet of horizontal distance between the side lot lines at the minimum front yard depth of 100 feet for residential lots. (13) Continuous minimum Lot Width shall require that each BUSINESS LOT shall have 150 feet of frontage width, and at least 100 feet of horizontal distance between the side lot lines at the minimum front yard depth of 125 feet for business lots. (14) Continuous minimum Lot Width shall requir out construction related to the provision, within the Project, of units that are accessible to the disabled. The marketing plan must be approved by DHCD prior to the issuance of a building permit for a Development Project. 2. Number of Affordable Housing Units. For all Projects, not less than twenty percent (20%) of the total housing units constructed in a Project shall be Affordable Housing. For all Projects where the Affordable Units proposed are Rental Units not less than twenty five percent (25%) of total housing units in any building containing rental units shall be Affordable Housing; provided, however, that 20% of such units may be affordable where restricted to households earning less than 50% of area median income. For purposes of calculating the number of units of Affordable Housing required within a Project, any fractional unit shall be deemed to constitute a whole unit. 3. Requirements. Affordable Housing shall comply with the following requirements: a. For an Affordable Rental Unit, the monthly rent payment, including utilities and parking, shall not exceed 30 percent of the maximum monthly income permissible for an Eligible Household, assuming a family size equal to the number of bedrooms in the unit plus one, unless other affordable program rent limits approved by the DHCD shall apply. b. For an Affordable Homeownership Unit the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowner's association fees, insurance, and parking, shall not exceed 30 percent of the maximum monthly income permissible for an Eligible Household, assuming a family size equal to the number of bedrooms in the unit plus one. c. Affordable Housing required to be offered for rent or sale shall be rented or sold to and occupied only by Eligible Households. d. The QSGOD shall not include the imposition of restrictions on age upon the entire District, but the development of specific Projects within the QSGOD may be exc lid wall or fence not to exceed six feet in height, complemented by suitable plantings, may be substituted for such landscape buffer strip. The strip may be part of the yard area. H) No apartment dwelling units shall be allowed in a basement story. 7-3. MOTELS For any building or buildings intended for use as a motel to be constructed, the following conditions shall apply: A) Screening and buffers shall be required along the side lot lines. This strip shall be at least 20 feet in width; it shall contain a screen of trees and shrubs at the time of occupancy of such lot and shall be maintained by the owners. A solid wall or fence, not to exceed six feet in height, complemented by suitable plantings, may be substituted for such landscape buffer strip. The strip may be part of the yard area. B) Each rental unit shall contain not less than two hundred (200) square feet of habitable floor area. C) The site shall be provided with not more than two motor vehicle driveways for each abutting street that shall intersect the abutting street or streets at ninety degrees. 7-4. ESTATE LOTS The Planning and Zoning Board may grant a special permit for development on a lot in the Residential District with less than the required amount of frontage, according to the criteria for ""estate lots"" as set forth herein. Estate lots shall comply with all of the General Requirements set forth in subsection A below, and with the requirements for pre-existing estate lots or newly-created estate lots in subsections B or C, as applicable. A) General Requirements 1. The applicant shall submit an Approval Not Required (ANR) Plan under the Subdivision Control law depicting the estate lot and the conforming lots (if any). The Approval Not Required Plan shall take the place of the plan otherwise required for special permit applications. 2. A building area shall be designated on the plan, and the width of the estate lot at the widest portion of the building area shall SECTION VII SPECIAL PROVISIONS 7-1. The following uses may be permitted as designated in Section V. 7-2. APARTMENTS, MULTIPLE OR ATTACHED DWELLINGS For any building intended for three or more dwelling units to be constructed, the following conditions shall apply: A) Maximum number of bedrooms per 60,000 square-foot lot: 3 bedrooms. The maximum number of bedrooms per dwelling unit shall not exceed 3. B) In the case of lots in excess of 60,000 square feet in area, the requirements shall be the same as set forth herewith with the exception that 20,000 square feet of land shall be required for each single bedroom dwelling unit and 20,000 square feet of land shall be required for each additional single bedroom. However, in no case shall the maximum number of bedrooms in any building exceed 10 bedrooms. C) Each dwelling unit shall have two separate exits. D) Inner courts shall not be permitted. E) There shall be a paved driveway a maximum length of 200 feet from the front lot line, paved walk, unobstructed way or any combination thereof, adequate to accommodate fire apparatus within forty feet of the building. F) Automobile parking spaces shall be required within the lot area. There shall be paved parking spaces for automobiles that shall not be less than two automobile spaces for each dwelling unit and reasonably accessible. Such parking spaces shall not be within 15 feet of any lot line. All parking facilities so provided are to be for the exclusive use of residents of the property or their guests. G) Screening and buffers shall be required along the side lot lines. This strip shall be at least 20 feet in width; it shall contain a screen of trees and shrubs at the time of occupancy of such lot and shall be maintained by the owners. A solid wall or fence not to exceed six feet in height, complemented by suitable plantings, may be substituted for such landscape buffer strip. The strip may be part of the yard area. H) No apartment dwelling uni Does zoning include any provisions for housing that is restricted by age? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes. , Based on the provided text, ""the development of specific Projects within the QSGOD may be exclusively for the elderly, persons with disabilities, or for assisted living."" This suggests that certain projects within the QSGOD may have restrictions based on age, but this is not a universal requirement for all housing units within the district. Therefore, I would answer 'Yes' to the question of whether zoning includes any provisions for housing that is restricted by age. " "[INST] Context: ZONING BY-LAWS (VR) zoning districts. Age Limitation: Occupancy of Independent Living Units shall be limited to one (1) or two (2) primary residents, at least one of whom has reached the age of fifty-five (55) years. Additional individual(s) may reside with the primary resident(s) upon approval by the management. Nothing in this provision shall prevent management from determining that a disabled person of any age is appropriate and suitable for the CCRC. Lot Size Area: The minimum acreage required for a special permit shall be thirty (30) acres, of which a minimum two-thirds (2/3) of the total acreage shall not include a resource area as defined in Article 7.2 (""Freetown Wetlands Protection Bylaw""). Frontage: Every CCRC project must have at least seventy-five (75) feet of frontage. Setback Requirements: Every non-accessory building within the CCRC shall meet the following setbacks: front setback of two hundred (200) feet from street; side and rear setback of one hundred (100) feet from property lines. Every accessory use building within the CCRC shall have a thirty (30) foot setback from all property lines. The distance between proposed buildings shall be no less than thirty (30) feet. Notwithstanding the foregoing, all buildings may be connected by a covered or enclosed walkway, whether or not elevated, within the areas separating buildings. Every accessory use building shall be setback at least thirty (30) feet from all perimeter lot lines. Any and all such setbacks may be required to contain densely planted evergreen screen plants and such additional requirements as the Special Permit Granting Authority may deem necessary to protect the privacy of abutting properties. Density: The maximum bed capacity shall be twenty (20) independent living units per acre on average, and the calculation of maximum density shall not include any assisted living units, nursing home units or medical beds, or any other uses that may be contained within the CCRC. Height: T within five hundred feet of each other: Special permits for Adult Entertainment Establishments may not be located within Five Hundred (500) feet of each other and of any residential zone, single or multiple dwelling, church, park, school, day care facility, or any establishment licensed under the provisions of M.G.L. Chapter 138, §12. b.) Shall not be granted to persons convicted of violating provisions: Special permits for Adult Entertainment Establishments shall not be granted to any person convicted of violating the provisions of M.G.L. Chapter 119, § 63 or Chapter 272, § 28. c.) Issued after a public hearing: Special permits for Adult Entertainment Establishments shall only be issued following public hearings held within 65 days after filing an applications with the Special Permit Granting Authority, a copy of which the applicant shall give to the Town Clerk simultaneously. d.) Shall lapse within one year: A Special permit for Adult Entertainment Establishments shall lapse within one year, including the time required to pursue or await the determination of an appeal filed pursuant to M.G.L. Chapter 40A§ 17, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause. e.) Existing Adult Entertainment Establishments: Any existing Adult Entertainment Establishments shall apply for such permit within ninety days following the adoption of said zoning by-law or by-law by a municipality. 4. COMPLIANCE: a) No building permit shall be issued by the Building Department for any development subject to this section and no construction or installation of utilities or infrastructure shall be started, until a decision of the SPGA approving the plan has been filed with the Town Clerk. b) An as-built plan, as specified under the Rules and Regulations of the Planning Board Governing the Subdivision of Land, certified by a registered professional land surveyor and/or engineer shall be submitted to the SPGA and Building Inspector before the issuance of an occupan ysical activities, games, sewing, library, exercise, locker rooms, etc. Facilities may also include outdoor activities and amenities such as swimming, gardening, walking, putting greens, etc. All Common Facilities shall be designed and maintained in conformance with Massachusetts standards for handicapped accessibility. These facilities shall not be used for commercial purpose and shall be reserved to and for the use of the residents and their guests. COMMON AREA : An area that is intended to provide light and air, and is designed for environmental, scenic, or recreational purposes. Common Area may include, but is not limited to, lawns, decorative plantings, walkways, active and passive recreation areas, swimming pools, streets, wooded areas, and Common Facilities. The Common Area shall not be used for a commercial purpose and shall be reserved to and for the use of the residents and their guests. C. RESTRICTIONS Special Permit: The Planning Board shall have jurisdiction to grant a special permit to allow an ARC use upon submission of a plan that is in conformance with the Town and Special Permit Granting Authority rules and regulations for special permits. The applicant shall also comply with the provisions set forth in Article 11.6 (C), (I), (K), (L) and (M). Zoning: A special permit shall be available in the General Use (G) and Residential (R) zoning districts, but shall be prohibited in Business (B), Industrial (I), Industrial 2 (I2), Open Space and Recreation (OSR), Village Business (VB) and Village Residential (VR) zoning districts. Age Limitation: Occupancy of any unit in an ARC development shall be limited to one (1) or two (2) primary resident(s) at least one of whom has reached the age of fifty-five (55) years. There shall be no more than two (2) primary residents in an ARC Unit. In the event the primary resident(s) needs a full or part-time primary caregiver, then said caregiver may also reside in the unit. In the event the parents of the primary residents need to reside with a primary resident, then there may be more than two (2) residents in a unit, up to a giver, then said caregiver may also reside in the unit. In the event the parents of the primary residents need to reside with a primary resident, then there may be more than two (2) residents in a unit, up to a maximum of two (2) residents per bedroom. Lot Size Area: The minimum acreage for an ARC development shall be not less than ten (10) acres, a minimum two-thirds (2/3) of the overall acreage shall not consist of resource areas as defined under Article 7.2 (""Freetown Wetlands Protection Bylaw""). Frontage: Every ARC project shall have a minimum of one hundred fifty (150) feet of frontage. Setback Requirements: Every non-accessory building within the ARC shall be setback at least seventy-five (75) feet from all perimeter lot lines. The distance between proposed buildings shall be no less than forty (40) feet. Any and all perimeter setback areas may be required to contain densely planted evergreen screen plants and such additional requirements as the Special Permit Granting Authority may deem necessary to protect the privacy of abutting properties. Every accessory use building shall be setback at least thirty (30) feet from all perimeter lot lines. Density: At least twenty (20%) percent of the total lot area shall be set aside as Common Land for use by the ARC residents and their guests. Not more than thirty (30%) percent of the required Common Land shall consist of resource area as defined in Article 7.2 (""Freetown Wetlands Protection Bylaw""). No more than fifty percent (50%) of the total dwellings shall be duplex structures. Dwelling Construction Type: Prohibited from being located or occupied within an ARC are trailers, mobile homes, and manufactured homes or other temporary dwellings or structures. Height: The maximum height of any dwelling shall be the same height as a single family dwelling as set forth in Article 11.17. Parking: The off-street parking space requirement for an ARC shall be a minimum of one (1) parking space for each unit contained therein. No other parking spaces shall be required as a result of other uses permitted to an ARC. No parking area or Does zoning include any provisions for housing that is restricted by age? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes. , In Freetown, occupancy of independent living units in an Age Restricted Community (ARC) development is limited to one or two primary residents, at least one of whom has reached the age of fifty-five (55) years. Additionally, there are not allowed to be more than two (2) primary residents in an ARC Unit, except in cases where a primary resident needs a full-time caregiver. " "[INST] Context: .1 The purpose of the Retirement Community Overlay District is to provide people over fifty-five (55) years of age the opportunity to live in a residential neighborhood designed specifically for their needs, equipped with the appropriate amenities and located within reasonable proximity to shopping and services. 5.8.2 ALLOWED USES 5.8.1.2 Besides those uses permitted in the underlying districts, a retirement community shall be allowed in a Retirement Community Overlay District by special permit of the Board of Appeals pursuant to section 8 of these by-laws, and subject to the following conditions: a) A retirement community shall consist of structures constructed expressly for use as housing for persons fifty-five or over, on one parcel or on contiguous parcels of land totaling at least thirty acres. b) No building shall be more than two and one-half stories in height. c) Each building shall face either upon an existing street or upon a public or private way constructed within said retirement community, and shall have a minimum front yard of no less than 20 ft. from the edge of the paved way to the closest point of the structure, and a sideyard of no less than 10 ft. from the edge of the paved way to the closest point of the structure. Each building, whether principal or accessory, shall be at least 20 ft. distant from any other building by air line distance between the nearest points of the buildings. d) No dwelling shall contain less than 1,000 sq. ft. of living area or more than 2,400 sq. ft. of living area. At least 66% of the living area in each unit shall be located on the first floor. e) All dwelling units shall be detached from the others or attached only along sidewalls in the so-called ""townhouse"" style. f) The lot or lots on which a retirement community is located shall contain at least 5,000 sq. ft. per unit in the retirement community. g) No part of any principal building shall be within 25 ft. of any exterior lot line, or less than 50 ft. from the side line of a public way. h) Each dwelling unit shall have its own attached yard area. i) Required off street parking for each dwelling unit shall be adjacent theret PROTECTIVE ZONING BY-LAWS d the Zoning By-Laws. Where the meaning of a word or provision cannot be established in this fashion, it shall be interpreted as having the meaning consistent with its customary usage that best furthers the purpose of this Section. 5.10.2.1 ADMINISTERING AGENCY A housing authority, regional non-profit agency or corporation, or other qualified housing entity designated to enforce an Affordable Housing Restriction. 5.10.2.2 AFFORDABLE HOMEOWNERSHIP UNIT An Affordable Housing unit that is subject to an Affordable Housing Restriction requiring its sale to an Eligible Household. 5.10.2.3 AFFORDABLE HOUSING Housing that is affordable to and occupied by Eligible Households. Affordable Housing units created within the AROD meeting the standards set forth in the Code of Massachusetts Regulations at 760 C.M.R. 45.03 shall count as low-or moderate-income units on the Town's Subsidized Housing Inventory, in accordance with the rules of the Department. 5.10.2.4 AFFORDABLE HOUSING RESTRICTION A deed restriction providing for Affordable Housing units on a Building Lot that meets the requirements of this Section and the statutory requirements of Massachusetts General Laws Chapter 184, Section 31. 5.10.2.5 AFFORDABLE RENTAL UNIT An Affordable Housing unit that is subject to a restriction requiring its rental to an Eligible Household. 5.10.2.6 BUILD-TO ZONE That area of a lot located between a line a specified distance from and parallel to the front lot line within which a specified percentage of the facade of the principal structure on such lot shall be located. 5.10.2.7 DEPARTMENT The Massachusetts Department of Housing and Community Development. 5.10.2.8 ELIGIBLE HOUSEHOLD A household whose annual income is equal to or less than eighty percent (80%) of the area median income for the smallest geographical area including the entire area of the Town as determined by the United States Department of Housing and Community Development (""HUD""), adjusted for household size, with income computed using HUD's rules for the attribution of income to assets. 5.10.2.9 LIVE-WORK The use of a dwelling unit fo ordable Homeownership Unit(s), as applicable. 5.10.6.8 Phasing - For Projects developed in phases, the proportion of Affordable Housing units constructed within each phase that contains residential units shall be consistent with the overall proportion of Affordable Housing units in the approved Project. 5.10.6.9 Computation - Prior to the issuance of any Building Permit for the housing component of any Project, the applicant for such building permit shall demonstrate, to the satisfaction of the Plan Approval Authority, that the method by which the rents or purchase prices of Affordable Housing units are computed is consistent with Department or HUD guidelines for affordability applicable to the Town. 5.10.6.10 No Waiver - The Plan Approval Authority may not waive the provisions of Section 5.10.6. 5.10.7 Dimensional and Density Standards 5.10.7.1 Table of Dimensional and Density Standards New construction projects in the AROD shall be subject to the following dimensional and density standards: Minimum Density See section 5.10.4.2 Minimum Lot Frontage 60 feet Maximum Building Height 60 feet Build-to Zone: At least 75% of the front facade of the principal building shall be located within the referenced range from the front lot line 0 to 10 feet Minimum Side Yard Width 0 feet Minimum Rear Yard Depth 20 feet Maximum Lot Coverage 80% Minimum Usable Open Space per residential unit 500 square feet Minimum Floor Area Ratio N/A 5.10.7.2 Usable Open Space Requirement -Reduction in the amount of usable open space required for a project may be permitted at the discretion of the Plan Approval Authority after finding that the Project will include a significant public benefit through the provision of open space, recreation area(s) and/or structures to be used in whole or part for community purposes by the general public. 5.10.8 Parking and Loading Standards 5.10.8.1 Minimum Parking Ratios - Parking for automobiles shall be provided in each Project in the AROD as follows: (a) A minimum of one (1) parking space shall be required for each residential unit with one (1) bedroom. A minimum o on shall be finished housing units, shall be dispersed throughout the Project of which they are part and shall have exteriors that are equivalent in design and materials to the exteriors of other housing units in the Project, although the interior amenities of Affordable Housing units need not be identical to a Project's market rate units. The total number of bedrooms in the Affordable Housing units shall be proportionate to the total number of bedrooms in all the units of the Project of which the Affordable Housing units are a part. 5.10.6.5 Affordable Housing Restriction - Each Project in which Affordable Housing unit(s) are required shall be subject to an Affordable Housing Restriction pursuant to Massachusetts General Laws c. 184 as amended to be recorded and/or filed with the Middlesex County (South) Registry of Deeds or the Land Court Registry District thereof, as applicable, containing the following provisions: (a) Specification of the term of the Affordable Housing Restriction, which shall be perpetuity; (b) Name and address of the Administering Agency for the Affordable Housing Restriction, with a designation of its power to monitor and enforce the Affordable Housing Restriction; (c) Description of the unit(s) of Affordable Housing by address, unit number (if applicable) and number of bedrooms; (d) Reference to a housing marketing and resident selection plan, to which the Affordable Housing unit(s) are subject, which includes an affirmative fair housing marketing program, including provisions for public notice and a fair resident selection process. The housing marketing and resident selection plan shall provide for preferences in resident selection for Hudson residents to the extent consistent with applicable law, and said plan shall designate the household size appropriate for each Affordable Housing unit with respect to bedroom size and provide that the preference for such unit shall be given to a household of the appropriate size; (e) Requirement that residents will be selected at the initial rental or sale and upon all subsequent rentals and sales from a list of Eligible Household Does zoning include any provisions for housing that is restricted by age? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes. , The Retirement Community Overlay District is designed specifically for people over the age of fifty-five (55). " "[INST] Context: ARTICLE VII SUPPLEMENTAL REGULATIONS FOR PERMITTED AND SPECIAL PERMIT USES Sec. 29-21. In General. These regulations either apply to uses permitted by right but subject to reasonable dimensional regulations or to uses permitted by special permit. The regulations pertaining to special permit uses shall be considered findings which the special permit granting authority must find with reasons therefor prior to issuance of a special permit for such a use. Sec. 29-21 (A). Special Permit Findings. The following findings shall be made by the special permit granting authority, in addition to the specific findings per use as noted in Section 29-23, prior to the issuance of a special permit by said authority: (1) The traffic generated by the use will not be detrimental to the neighborhood. (2) The use will not be detrimental to the area in which it is to be located. (3) The use will not result in any objectionable fumes, noise, chemical spills or hazardous wastes. (4) The hours of operation are compatible with the uses in the neighborhood. Sec.29-22. Regulations for churches, schools, federal, state, (a) The minimum lot size shall be that applicable in the district where the use is located. (b) The setbacks shall be those applicable in the district where the use is located. (c) The minimum frontage shall be that applicable in the district where the use is located. Sec. 29-23. General or specific provisions. (a) Day care facility, adult or child. (1) The petitioner shall provide proof that the facility meets the standards promulgated by the Mass. Office for Children and/or Mass. Department of Health. (2) There is an adequate play area for child day care facilities. (b) Conversion of existing dwelling. (1) The dwelling to be converted and the entire lot upon which it is located existed before 1950, and said lot has not been subdivided since 1950. (2) The dwelling is not suitable for single or two family residential use due to its size. (3) The density is no greater than two times the density permitted if the land o vered by the building area. DAY CARE, ADULT . A regularly operated facility which provides instruction or daytime care for persons over the age of 16 who because of age, infirmity, or condition require such care. DAY CARE FACILITY, CHILD . A day care center or a school age child care program, as those terms are defined in M.G.L. Chapter 28-A, Section 9. DAY CARE, CHILD, HOME FACILITY . A regularly operated child care facility, located with the operators home, which provides daytime care to five or less children under the age of 16. Said use shall clearly be an accessory use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use. DISTRICTS . Zoning districts as otherwise provided herein, with uniform requirements for each class or kind of building, structure or use permitted. DORMITORY . A building or portion thereof used for sleeping purposes in connection with a school, college, or other educational or similar institution to be licensed pursuant to M.G.L. Chapter 140, Sections 22 through 31. DWELLING . A building or portion thereof designed or used exclusively as the living quarters for one or more families, except a mobile home, unless otherwise provided herein. DWELLING UNIT . A dwelling or portion thereof, providing complete living facilities for one family, including permanent provisions for living, sleeping, eating, cooking, and sanitation. ONE-FAMILY DWELLING . A building designed for and occupied exclusively as a residence for one family. TWO-FAMILY DWELLING . A building designed for and occupied exclusively as a residence for two families. MULTI-FAMILY DWELLING . A building designed or occupied exclusively as a residence other than as a one-family dwelling or two-family dwelling. EXTENSION . As applied to a building or structure, an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another. FACADE . That vertical portion of a building or structure fronting or facing the street side of a lot, which must contain at leas ,NO,NO Conversion of existing dwelling (§ 29-23,NO,SPSA,SPSA,SPSA,NO,NO,NO,NO,NO,NO,NO ""Group home, halfway house. non- educational (§ 29-23 ff)"",NO,NO,SPSA,SPSA,NO,NO,NO,NO,NO,NO,NO Mobile home,NO,NO,NO,NO,NO,NO,NO,NO,NO,NO,NO ""Reconstruction of pre-existing non- conforming residential use, building or structure (§ 29-23 qq)"",NO,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA Rehabilitation of one or two unit structure 4 (§ 29-23 hh),NO,P,P,P,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA Rehabilitation of multi-family structure 4 (§ 29-23 hh),NO,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA,SPSA ""Residence, single family (Article V as applicable)"",NO,P,P,P,P,P,P,NO,NO,NO,NO Residence. two family (Article V as applicable),NO,NO,P,P,P,P,P,NO,NO,NO,NO Residence. multi-family (§ 29-23 i or § 29-23 cc as applicable),NO,NO,NO,SPSA,PSR,SPSA,SPSA,SPSA,NO,SPSA,SPSA Substantial addition to an existing dwelling (§ 29-23 gg),NO,SPSA,SPSA,SPSA,NO,NO,NO,NO,NO,NO,NO Temporary mobile home (§ 29-23 vv),P,P,P,P,P,P,P,P,P,P,P 1 Exception: Convenience stores are not allowed in these districts except where proposed use is located on a corner lot which abuts upon a major thoroughfare as defined in this ordinance. Such use will require a special permit from the Zoning Board of Appeals subject to site plan review by the Planning Board and the provisions of Section 29-23(e). 2 Includes all types of alcoholic beverages. 3 Excluding residential uses. 4 All rehabilitation requiring site plan approval must also follow the provisions of Section 29-23 hh 1 Exception: Convenience stores are not allowed in these districts except where proposed use is located on a corner lot which abuts upon a major thoroughfare as defined in this ordinance. Such use will require a special permit from the Zoning Board of Appeals subject to site plan review by the Planning Board and the provisions of Section 29-23(e). 2 Includes all types of alcoholic beverages. 3 Excluding residential uses. 4 All rehabilitation requiring site plan approval must also follow the provisions of Section 29-23 hh. Sec. 29-12. Supplemental Use Regulations. (a) Mixed occupancy. In cases of mixed occupancy, the regulations for each use shall apply to the portion of the building, structure or land so used. asured from the intersection of all respective property lines. (2) There are adequate off-street loading and unloading facilities. (3) Adequate rubbish disposal facilities are located inside or outside the structure and shall be adequately screened/fenced and secured. (vv) Temporary mobile home. (1) The mobile home shall only be located on the site of a residence destroyed by fire or other natural holocaust to be occupied for a period no longer than twelve (12) months while the residence is being rebuilt. (2) The use complies with all the provisions of the State Sanitary Code and the Building Code. (ww) Adult Uses [amended 12/7/93] (1) No Special Permit for use as an adult bookstore, adult videostore, adult motion pictures theatre, adult live shows, adult entertainment center or any use involving matter which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conductor sexual excitement as defined in Sec. 31 of Ch.272 of M.G.L. shall be granted for a building or buildings located within: a. 500 feet radius of any residential district. b. 500 feet radius of a school or any other educational institution, a church, another currently existing or permitted adult bookstore, videostore or adult motion picture theater, adult live show, adult entertainment center or other adult use, or an establishment licensed to sell alcoholic beverages under the provisions of Chapter 138, Section 12 MGL. No one under age twenty one (21) shall be admitted to any location housing an adult use. (2) No adult bookstore, videostore, motion picture theater or other adult use shall be allowed to display for advertisement or other purpose any signs, posters or other like material to the general public on the interior or exterior of the building or, through glass or other like transparent material, any sexually explicit figures or words as defined in Section 31 of Chapter 272 of the MGL. (3) Signage shall be subject to the final approval of the Planning Board with regard to signage requiring a special permit, (xx) Resea n Non-Residential Districts All items listed below are identified as to Maximum (Max.) or Minimum (Min.) for requirement imposed,B-1,B-2,B-3,1-1,I-2,I-3 Lot area per dwelling unit (Min. in sq. ft.),1750,1750,750 (6),-,-,- Total,-,-,-, ,, Lot frontage and width (Min. in feet),-,-,-, -,-,200 Yards (Min. in feet) Front,(1),(1), -,30,30,30 Side,(1),(1), -,25(2),25(2),25(2) Rear,(1),(1),-,""25(2,3)"",""25(2,3)"",""25(2,3)"" Lot coverage (Max. in %) All buildings,(7),(7),(7),50(7),-,""50(4, 7)"" Height of buildings (Max. in feet) Stories Feet,3 45,4 60,12 140,5 75,-,3(5) 45(5) On-site Parking,Table 4,Table 4,(8),Table 4,Table 4,Table 4 On-site Loading,Table 5,Table 5,None,Table 5,Table 5,Table 5 (1) For any dwelling, all yards shall be a minimum of ten feet. (2) Fifty feet when abutting a residential district. (3) Through lot front yard requirements shall apply on both streets. (4) All buildings, structures, and storage areas. (5) Buildings and structures, unless otherwise provided in this ordinance. (6) For buildings or structures exceeding six stories, the lot area shall be 350 f.t. per dwelling unit. (7) Lot coverage for a dwelling shall not exceed 50% of the site. (8) Residential uses shall meet the requirements of Table 4. TABLE 3 Schedule of Dimensional Requirements Within Non-Residential Districts Sec. 29-17. Supplementary Dimensional Regulations. (a) Location of accessory buildings. (1) A community garage, where permitted, or a private garage or an accessory building, if a separate building not within or attached to the principal building, may be erected within a side or a rear yard area; provided, that it is located: (i) At least five feet from the rear and side lot line. (ii) At least twenty feet from each street line of a corner lot in any residential district.s (iii) At least five feet from an abutting alley line. (2) No solid fence, hedge or obstruction exceeding a height of three feet and within ten feet of a driveway may project into a front yard area for a Does zoning include any provisions for housing that is restricted by age? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know. , This excerpt does not address any age-restricted zoning provisions, but that does not mean that they cannot be located elsewhere in the by-law." "[INST] Context: Department of Housing and Urban Development, pursuant to Section 8 of the Housing Act of 1937, as amended by the Housing and Community Development Act of 1974. MIXED USE DEVELOPMENT -- A development that contains a combination of at least 2,500 square feet of commercial gross floor area plus five or more residential units. PERIOD OF AFFORDABILITY Shall be in perpetuity (99 years). PROPERTY, PHASED -- Any residential or mixed use development or developments at one or more adjoining sites in common ownership or under common control within a period of two years from the first date of application for any special or building permit for construction on the lot or lots. RESIDENTIAL DEVELOPMENT -- Single-, two-family and multifamily homes, townhouse development, elderly oriented congregate housing and lodging and rooming house dwellings. B. Applicability and requirements. (1) The provisions of this § 235-73.1 shall apply to any residential or mixed use development containing five or more dwelling units, including phased projects. These provisions shall apply with respect to developments in all zoning districts of the City, provided that the provisions of this section shall not apply to any residential or mixed-use development which has previously received a special permit or variance from the relevant permit granting authority containing conditions requiring the inclusion of affordable housing in such residential or mixed-use development, nor to any such residential or mixed-use development which is subsequently modified in accordance with the provisions of this section, provided that such affordable housing inclusion conditions remain substantially unchanged as a result of any such modification. Developments required to obtain a special permit in accordance with this § 235-73.1 shall not be required to obtain a special permit for more than four accessory parking spaces under § 235-17, accessory use #18. (2) A developer of a residential or mixed use development subject to these provisions shall provide 10% of the total number of dwelling units up to the maximum allowed as of right as affordable units. Where the application of that formula results in -69D to that portion of the total tract in the residential district. However, the location of each type of use shall not be restricted by the zoning district boundary. F. The minimum open space requirements shall be as follows: percent of total tract area: 10%; percent of developed area: 5%. A portion of the open space land, amounting to at least 10% of the total tract area, shall be set aside as common land covenanted to be maintained as permanent open space in private or cooperative ownership. The form of covenant covering such common land shall provide for its permanent ownership and maintenance and shall be subject to the approval of the Planning Board and the City Solicitor (with the consent of the Aldermen this common land may be deeded to the City). This common land shall be of such a physical character and appropriately planned so as to be of use to the residents and patrons of the development. G. The remaining land area may be developed for residential, community facilities and business uses. In considering the application, the Planning Board should determine the need for sites for community facilities such as schools, playgrounds, fire stations and the like. Where such a need is found, appropriate sites within the development shall be set aside. H. The residential density shall not exceed 60 dwelling units per acre of the portion of the total land area devoted to residential use. I. The locations of buildings shall be governed by the following: (1) All buildings shall be at least one foot from any lot line for each foot of building height, but in no case shall any building be closer than 15 feet. (2) All principal buildings shall be at least 24 feet apart, except that where building heights exceed 40 feet, these distances shall be increased by one foot for each foot of height over 40 feet. (3) All principal buildings shall be at least 15 feet from any common parking area. J. Buildings of greater height than eight stories may be allowed only as long as the minimum distances required in Subsection I(1) and (2) above are increased by one foot for each two feet of height over 80 feet. K. The development shall be served by ARTICLE VI, Dimensional and Density Regulations § 235-18. Applicability. The regulations for each district pertaining to minimum lot area, minimum lot width, minimum lot depth, minimum front yard depth, minimum side yard width, minimum rear yard depth, maximum height of buildings, maximum number of stories, maximum building area, maximum floor area ratio and minimum open space shall be as specified in this section and as set forth in the Table of Dimensional and Density Regulations and subject to the further provisions of this chapter. (Ord. No. 16985C, 11-27-1972) § 235-19. Table of Dimensional and Density Regulations. See table at the end of this chapter plus attached notes, which are declared to be part of this chapter. (Ord. No. 16985C, 11-27-1972) § 235-20. Reduction of lot area. The lot or yard areas required for any new building or use may not include any part of a lot that is required by any other building or use to comply with any provisions of this chapter, nor may these areas include any property of which the ownership has been transferred subsequent to the effective date of this chapter if such property was a part of the area required for compliance with the dimensional regulations applicable to the lot from which such transfer was made. At least 60% of the lot area required for zoning compliance shall be contiguous land other than land located in a wetland, as defined in MGL c. 131, § 40, or land located under a brook, creek, stream, river, pond or lake. (Ord. No. 16985C, 11-27-1972; Ord. No. 95-189, 5-1-1995) § 235-21. Separation of lots. Lots shall not be separated or transferred in ownership so as not to comply with the provisions of this chapter. (Ord. No. 16985C, 11-27-1972) § 235-22. Screening and buffers in industrial or business districts. Screening and buffers shall be required in any industrial or business district which adjoins a residential district as follows: this strip shall be at least 25 feet in width, except when abutting a residential use in the UR-C district, in which case the width may be reduced to 10 feet. It shall contain a screen of plantings of vertical val of any planned business development, the Planning Board shall review plans and may issue a special permit for accessory parking for compliance with Article VIII of this chapter. Where conditions unique to a planned business development so justify, the Planning Board may grant a maximum of a ten-percent reduction of the parking space requirements indicated in the Table of Off-Street Parking Regulations. F. A site plan shall be presented for the entire tract showing two-foot finished contours, existing and proposed drainage, sewerage, water, parking and street access. A separate plan for landscaping shall be presented. G. The development plan shall be consistent with the Melrose Future Land Use Plan as last revised. H. The development shall be served by both public water and public sewerage systems, both of which must be adequate to accept the proposed development. I. Signs shall be governed by the regulations of Article VII, except that projecting signs shall not be permitted. J. The plan shall provide for adequate access in relation to the anticipated traffic generation by the proposed development. K. The plan shall be evaluated with respect to its impact upon the neighborhood, its effect on City services such as fire protection and its overall demands on the City. The design of each building in a planned business development shall be reviewed and approved by the Planning Board to ensure that it is reasonably appropriate in relation to the approved plan. (Ord. No. 16985C, 11-27-1972; Ord. No. 1650, 5-4-1987) § 235-72. Adult uses. For adult use consisting of adult bookstore, adult club, adult motion picture theater, adult paraphernalia store or adult video store, the following conditions shall apply: A. Adult uses shall be permitted only when located outside the area circumscribed by a circle which has a radius consisting of the following distances from the specified use or zoning district: (1) Three hundred feet from any residential district (SR, SR-A, SR-B, UR-A, UR-B, UR-C and UR-D). (2) Three hundred feet from any school, park or playground. (3) Three hundred feet from any place of religious worship or assembly. ed use development subject to these provisions shall provide 10% of the total number of dwelling units up to the maximum allowed as of right as affordable units. Where the application of that formula results in a fraction, a fraction of one half or more shall be rounded up to the next whole number and a fraction of less than one half shall be rounded down. Each affordable unit shall meet the standards established in Subsection D below. (3) In special circumstances, the developer shall be required to make a monetary contribution to the Melrose Affordable Housing Trust in lieu of providing affordable dwelling units. The Melrose Affordable Housing Trust will use the funds exclusively to help finance the development of affordable units. The Planning Board shall allow this monetary contribution if it finds that there are special circumstances relating to the property that indicate that it is in the best interest of the City not to allow the developer an additional unit for every affordable unit required. Special circumstances shall include, but not be limited to, topography, infrastructure, drainage, traffic and parking. The monetary contribution shall be determined by the Planning Board, with input from the developer, the Building Commissioner and the City Assessor, and shall be equal to 2% of the total sale or market value of all the units in the development. At the discretion of the Planning Board, on the basis of special circumstances as described above, a developer may be required to contribute a combination of affordable units and money. C. Incentives To facilitate the objectives of this section, the following modifications to the dimensional requirements in any zoning district shall be permitted by special permit by the Planning Board for a development that provides affordable housing units in accordance with Subsection B above. (1) For every affordable unit required by Subsection B above, the developer may build one additional unit in the development, regardless of the minimum lot area required for the additional unit or units and the parking requirements for the development. Except for the minimum lot area requirement and parking regulations, all other dim Does zoning include any provisions for housing that is restricted by age? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know. , This excerpt does not address any age-restricted zoning provisions, but that does not mean that they cannot be located elsewhere in the by-law." "[INST] Context: Subsection A above and upon which one single one family residence and such structures normally accessory to such single one family residence exist as of the date of the enactment of Subsection B shall nevertheless be deemed to comply with the provisions of the Zoning By-Laws so long as such single one family residence remains on such lot. E. Residential Limited Business. (1) Allowed Uses: (a) Limited business; (b) Single and two family residences; (c) Agricultural use; (d) Customary home occupation as provided for in section 97-10C; (e) Church or other religious purpose; (f) Educational purpose which is non-profit or public; (g) Uses customarily accessory to allowed uses. (2) Prohibited Uses: (a) Any use not herein expressly allowed shall be prohibited. (3) Uses By Special Permit: (a) In appropriate cases and subject to appropriate conditions, safeguards and limitations on time or use, the Selectmen may grant an applicant a special permit to make use of the land or erect and maintain buildings or other structures thereon in accordance with the provisions of Chapter 40A of General Laws, if such use, buildings or other structures are in harmony with the general purpose and intent of this By-Law and with the provisions stipulated in § 97-10.C(1) (c) (d) & (e) for the purpose of municipal uses; A library; a nursing or rest home; a hospital; a private club; or a doctor's, lawyer's, or similar professional office; provided the Selectmen find, after a Public Hearing of which due notice is given to any party in interest as defined in Section 11, of Chapter 40A of the General Laws, that the proposed use, building or structure is for the best interest of the Town, is not injurious or obnoxious to the neighboring properties, will satisfy a community need or convenience not otherwise being served, will not affect abutting and nearby properties by increasing traffic and on-street parking, and that nothing connected with the use, buildings or structure, such as machinery, vehicles, material, supplies, equipment and waste materials shall be stored between the stre s shall only be issued upon a showing of good and sufficient cause, a determination that failure to grant the variances would result in exceptional hardship to the applicant and a determination that the granting of a variance would not result in increased flood heights, additional threats to public safety, extraordinary public expenses, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances, other than the provisions of § 97-4E. together with all sections thereof, of this By-Law; (f) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford the relief requested; (g) The Permit Granting Authority shall notify the applicant for a variance in writing over the signature of the Chairman of the Permit Granting Authority that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100-.00 of insurance coverage and such construction below the base flood level increased risks to life and property. Such notification shall be maintained with the records of all variance actions maintained pursuant to requests for variances from the provisions of § 97-4E. together with all sections thereof. F. Adult Entertainment. (1) Nothing herein contained is intended or shall be construed to prohibit and/or limit the use of the land within this district for those uses permitted in an Industrial District. (2) Location limitations of Adult Entertainment Businesses. No person shall establish or cause or permit to be established an Adult Entertainment Business within One Thousand Five Hundred feet (1500') of any other building or structure containing another Adult Entertainment Business nor within Seven Hundred Fifty feet (750') of any public or private school, public or private park or recreation area, public or private buildings with programs for minors, or religious institution, elder housing, library, hospital or emergency m to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby and for the installation of municipal services to serve such land and the building erected or to be erected thereon and the first course of pavement for such way has been installed in accordance with such plan, as certified in writing by the Planning Board. No certificate of occupancy shall be issued for such lot until the second and final course of pavement has been installed in accordance with such plan, as certified in writing by the Planning Board. (i) Grandfathering. The provisions of § 97-10B of the Zoning By-Law shall not apply in the PIOD. The construction of single residences in the PIOD shall be governed by G.L. c. 40A, s. 6. Para. 4. (j) The Board of Appeals may grant use variances within the PIOD provided the Board of Appeals finds that the proposed use is not more detrimental than the current use. E. Flood Zone. (1) In all zones V1-30. The following Subsections shall be applicable in all districts of the Town which are classified as being within Zones V1-30 (coastal high hazard area) on the special Federal Insurance Administration's Flood Insurance Rate Maps(FIRM), effective* July 17, 1986* which map(s), as amended from time to time, shall be kept on file with the Town Clerk, the Planning Board and the Building Inspector, the following subsections shall be applicable: (a) With respect to all new or substantially improved structures, the application and plans for the building permit shall provide the elevation (in relation to mean sea level) of the lowest habitable floor (including basement), whether or not such structures contain a basement and, if the structure is to be or has been flood-proofed, provide the elevation (in relation to mean sea level) to which the structure is or has been flood-proofed; (b) All new construction shall be located landward of the reach of mean high tide; (c) (Reserved) (d) (Reserved) (e) The use of fill for structural support of buildings or other structures sha ARTICLE X GENERAL REGULATIONS § 97-10. General Regulations. A. Nonconforming Uses (Except Plum Island Overlay District). (1) Continuance: (a) The lawful use of any structure or land existing at the time of enactment or subsequent amendment of this By-Law may be continued, although such structure or use does not conform to the provisions of the By-Law. But if any such nonconforming use or structure is not used for a period of two (2) years, it shall not thereafter be resumed. Nonconforming structures or uses may be extended or altered, provided, however, that no such extension or alteration shall be permitted unless there is a finding by the Permit Granting Authority that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. Constructions or operations under a building or special permit shall conform to any subsequent amendment of this By-Law unless the use or construction is commenced within a period of not more than six (6) months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion, as continuously and expeditiously as is reasonable. B. Grandfathering: (a) Notwithstanding any provision of this By-Law, a single residence or any other permitted buildings or structures in all zones may be erected on any lot registered at the Registry of Deeds in Salem prior to July 1, 1959. Not withstanding any provisions of this By-Law, a single residence or any other permitted buildings or structures may be erected in the agricultural-residential district on any lot which has not less than 100 feet of frontage on a street or way, and was recorded at the Registry of Deeds in Salem prior to March 21, 1978, and otherwise met all of the applicable requirement of the Zoning By-Law in effect at the time it was recorded or registered. Notwithstanding any provisions of t reet other than a street created by the OSRD; provided, however, that the Planning Board may waive this requirement where it is determined that such reduced lot(s) will further the goals of this By-Law; (b) At least 50% of the required setbacks for the district shall be maintained in the OSRD unless a reduction is otherwise authorized by the Planning Board. Where structures containing three to four dwelling units are being proposed, the side lot lines between units may be 0 feet, however the distance between structures shall be a minimum of 20 feet; (c)Minimum Frontage: The minimum frontage may be reduced from the frontage otherwise required in the zoning district; provided, however, that no lot shall have less than 50 feet of frontage; (d) Setbacks: Every dwelling fronting on the proposed roadways shall be set back a minimum of 20 feet from the roadway right-of-way, and 10 feet from any rear or side lot line. In the event that dwellings are located on exclusive use areas or contain no interior lot lines, a minimum distance of 20 feet between single and two-family dwellings shall be required. (11) Increases in permissible density. The Planning Board may award a density bonus to increase the number of dwelling units beyond the Basic Maximum Number. The density bonus for the OSRD shall not, in the aggregate, exceed fifty percent (50%) of the Basic Maximum Number. Computations shall be rounded to the lowest number. A density bonus may be awarded in the following circumstances: (a) For each additional ten percent (10%) of the site (over and above the required 50%) set aside as open space, a bonus of one additional unit or five percent (5%) of the Basic Maximum Number, whichever is greater, may be awarded. (b) For every one (1) dwelling unit restricted to occupancy for a period in perpetuity by persons or families who qualify as low or moderate income, two (2) dwelling units may be added as a density bonus for each low income unit, one (1) dwelling unit as a bonus for each moderate income unit. (c) For every historic structure preserved and subject to a historic preservation restriction, one (1) dwelling unit m Does zoning include any provisions for housing that is restricted by age? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know. , This excerpt does not address any age-restricted zoning provisions, but that does not mean that they cannot be located elsewhere in the by-law." "[INST] Context: ZONING BYLAW to approve any related plan for subdivision, nor reduce any time periods for Board consideration under the law. However, in order to facilitate processing, the Planning Board may, insofar as practical under existing law, accept a combined plan and application which shall satisfy both this section and the Board's regulations under the Subdivision Control Act. 7350. Conditions. Where a special permit for multifamily residential development is granted which is not subject to subdivision control, the Planning Board shall impose all or such part of its subdivision control requirements as it deems advisable as conditions upon its permit, including but not limited to the construction of roads and driveways, drainage facilities and other facilities and utilities, and shall require a bond or covenant in the manner prescribed in the subdivision regulations to secure performance of the entire plan for multifamily residential development as approved for special permit. 7400. TRAILERS 7410. General No person shall use or permit to be used for dwelling purposes within the town any trailer or similar mobile equipment, whether registered or unregistered, mobile or immobile, except that mobile trailers may be used for temporary dwelling purposes, provided that such use is licensed by the Selectmen, said license to be applied for by the occupant within three days after the unit is located in the town and with no license granted hereunder to be for a period exceeding six calendar months. 7420. Preexisting Trailers. The above restrictions shall not apply to trailers which are presently or are hereafter placed in any trailer park already in existence in the town or to any existing trailer presently being used for dwelling purposes, which trailers shall be subject to and limited by licenses, if any, presently in effect. 7421. Such trailers may be replaced by a trailer not more than 20% larger in volume than the lawfully preexisting trailer. 7500. REAR LOTS 7510. General In a Rural, Town Suburban or Recreational Residential District, a building and occupancy permit for one (1) single family dwelling unit may be issued notwithstanding the minimum frontage requirements set forth in Section 4000, subject to parking is shown and the standards for a special permit are met, provided that the floor area of the resulting building is no greater than it would be if there were no special permit. 4220. Minimum Lot Width in Residential Districts. The minimum width of any lot in a residential district between the dwelling and the lot frontage shall be no less than forty (40) feet. 4230. Lot Shape The following rules apply to lot shape: 4231. In all residential districts, the required minimum lot frontage shall be maintained into the lot at least as far back as the required minimum front yard for the applicable district. 4232. If the width of a lot narrows to less than fifty percent (50%) of the width of the frontage within the first one hundred fifty (150) feet of the lot depth, the dimensional controls for a rear lot as set forth in Section 7500 shall apply. 4233. At no point shall the lot width measure less than forty (40) feet. 4234. The shape of all lots shall conform to the following requirement: 1. 16A > 0.4 2. P2 3. Where: 4. A = the lot area in square feet 5. P = the lot perimeter in feet. 4235. This formula may be applied to a lot which conforms to all requirements of Section 4000, including, but not limited to frontage, lot area, a minimum of 30,000 contiguous square feet of land exclusive of wetland and flood hazard areas and, when applicable, any requirements of Section 8100. 4240. Residential Use in Commercial or Industrial District A residential use hereafter located in a commercial or industrial district shall conform to the dimensional requirements of the nearest residential district except dwelling units above the first floor as allowed in the Commercial District. 4250. Special Permit; Eminent Domain. Where an action in eminent domain results in a lawfully preexisting building lot being rendered nonconforming, the Board of Appeals may grant a special permit to allow such lot may be built upon thereafter, provided that such lot has 100 feet of remaining frontage and a minimum area of 10,000 square feet. 4300. SPECIAL PERMIT TO VARY HEIGHT LIMITATIONS 4310. SECTION 3000. USE AND TIMING REGULATIONS 3100. PRINCIPAL USES. No land shall be used and no structure shall be erected or used except as set forth in the following Table of Use Regulations, including the notes to the Schedule, or as otherwise set forth herein, or as exempted by General Laws. Any building or use of premises not herein expressly permitted is hereby prohibited. 3110. Symbols. Symbols employed in the Table of Use Regulations shall mean the following: Y.Permitted as of right N.Prohibited BA Special Permit/Board of Appeals PB Special Permit/Planning Board BOS Special Permit/Board of Selectmen 3120. If Classified Under More than One Use. Where an activity may be classified as more than one of the principal uses listed in the Table of Use Regulations, the more specific classification shall determine permissibility; if equally specific, the more restrictive shall govern. 3130. Table of Use Regulations. SEE APPENDIX A. 3200. ACCESSORY USES 3210. Permitted Accessory Uses in All Districts The following accessory uses are specifically permitted as of right or by special permit: 3211. Accessory Scientific Uses. Uses, whether or not on the same parcel as activities permitted as a matter of right, which are necessary in connection with scientific research or scientific development or related production, may be permitted upon the issuance of a special permit by the Board of Appeals, provided that the Board finds that the proposed use does not substantially derogate from the public good. 3212. Family Day Care Homes. Small family day care homes, are allowed as an accessory use as of right in all districts. Large family day care homes are allowed in all districts only upon the issuance of a special permit by the Board of Appeals. 3220. Nonresidential Accessory Uses. Any use permitted as a principal use is also permitted as an accessory use provided such use is customarily incidental to the main or principal building or use of the land. Any use authorized as a principal use ither unit is owner-occupied. 3433. Not more than one accessory apartment may be established on a lot. The accessory apartment shall not exceed 800 sq. ft. in gross floor space and shall be located in the principal residential structure on the premises; 3434. The external appearance of the structure in which the accessory apartment is to be located shall not be significantly altered from the appearance of a single-family structure. 3435. Sufficient and appropriate space for at least one (1) additional parking space shall be constructed by the owner to serve the accessory apartment. Said parking space shall be constructed of materials consistent with the existing driveway and shall have vehicular access to the driveway. 3440. Decision. Special permits for an accessory apartment may be granted by the Board of Appeals upon a finding that the construction and occupancy of the apartment will not be detrimental to the neighborhood in which the lot is located and after consideration of the factors specified in Section 9300 of this Zoning Bylaw, governing special permits. 3500. NONCONFORMING USES AND STRUCTURES 3510. Applicability. This Zoning Bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which this Zoning Bylaw, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder. 3520. Nonconforming Uses. The Board of Appeals may issue a special permit to change a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Board of Appeals: 3521. Change or substan Does zoning include any provisions for housing that is restricted by age? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know. , This excerpt does not address any age-restricted zoning provisions, but that does not mean that they cannot be located elsewhere in the by-law." "[INST] Context: h land. 2.2.36. DEVELOPMENT . The construction, reconstruction, conversion, alteration, relocation or enlargement of any building or other structure, or excavation, land fill or mining, or any use or change in use of any building or other structure, land, or extension of use of land for which review and/or approval is required by this Ordinance. 2.2.37. DEVELOPMENT SITE . The land area encompassed in a development proposal irrespective of the number or configuration of lots. A development site may include land in more than one (1) ownership or city. 2.2.38. DORMER . A roofed building element projecting vertically outward from a sloping roof, structurally connected to that roof or to other structural members of the building, and designed to provide additional headroom or vertical clearance so as to improve the usability of the space located immediately beneath the roof. 2.2.39. DORMITORY . Residential housing exclusively occupied by full- or part-time students and/or educational staff and owned or operated by an educational institution. 2.2.40. DWELLING . A building designed or used as living quarters containing one or more dwelling units. 2.2.41. DWELLING, DETACHED . A dwelling which is designed to be and is substantially separate from any other structure or structures except accessory buildings. 2.2.42. DWELLING, MULTIPLE . A building containing more than one dwelling unit. 2.2.43. DWELLING, ONE-FAMILY . A detached residential building intended and designed to be occupied by a single family. 2.2.44. DWELLING, THREE-FAMILY . A detached residential building intended and designed to be occupied by three (3) families. 2.2.45. DWELLING, TWO-FAMILY . A detached residential building intended and designed to be occupied by two (2) families. 2.2.46. DWELLING UNIT . A single unit providing complete, independent living facilities containing one (1) or more rooms arranged for the use of one (1) or more individuals living together as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities. NOTE: §2.2.46 was amended Ordinance 1991-1 on Janua standable through material patterns, articulations and modulations of the facades, mullion design and treatment, etc. 5. Provide roof types and slopes similar to those of existing buildings in the area. 6. Use materials and colors consistent with those dominant in the area or, in the case of a rehabilitation or addition, consistent with the architectural style and period of the existing building. Use of brick masonry is encouraged, but not considered mandatory. 7. When parking lots are provided between buildings, abutting the primary street and breaking the streetwall, provide a strong design element to continue the streetwall definition across the site, such as a low brick wall, iron works or railing, trees, etc. 8. Locate transformers, heating and cooling systems, antennae, and the like, so they are not visible from the street; this may be accomplished, for example, by placing them behind the building, within enclosures, behind screening, etc. 9. Sites and buildings should comply with any guidelines set forth in Article 6 of this Ordinance for the specific base or overlay zoning district(s) the site is located within. B. Design Guidelines for Residence Zones 1. Buildings should be generally of the same size and proportions as those existing in the neighborhood. This shall apply in cases of multi-family development as well as one-, two-, and three-family units. For example, if relatively small two-and three-family structures are common in a neighborhood where multi-family development is proposed, the multi-family development should be physically broken into components that, from a design perspective, are housed in buildings of similar width, depth, and height as those typically found in the neighborhood. 2. Use of traditional and natural materials is strongly encouraged (e.g. wood clapboard, wood shingles, brick). 3. Additions to existing structures should be consistent with the architecture of the existing structure in terms of window dimensions, roof lines etc. 4. Although additions should not clash with or be incompatible to the existing structure, it is a revalent in buildings adjacent to the site, especially in new construction or substantial redevelopment. 4. Clearly define these bay widths, rhythms and dimensions, making them understandable through material patterns, articulations and modulations of the facades, mullion design and treatment, etc. 5. Provide roof types and slopes similar to those of existing buildings in the area. 6. Use materials and colors consistent with those dominant in the area or, in the case of a rehabilitation or addition, consistent with the architectural style and period of the existing building. Use of brick masonry is encouraged, but not considered mandatory. 7. When parking lots are provided between buildings, abutting the primary street and breaking the streetwall, provide a strong design element to continue the streetwall definition across the site, such as a low brick wall, iron works or railing, trees, etc. 8. Locate transformers, heating and cooling systems, antennae, and the like, so they are not visible from the street; this may be accomplished, for example, by placing them behind the building, within enclosures, behind screening, etc. 9. Sites and buildings should comply with any guidelines set forth in Article 6 of this Ordinance for the specific base or overlay zoning district(s) the site is located within. B. Design Guidelines for Residence Zones 1. Buildings should be generally of the same size and proportions as those existing in the neighborhood. This shall apply in cases of multi-family development as well as one-, two-, and three-family units. For example, if relatively small two-and three-family structures are common in a neighborhood where multi-family development is proposed, the multi-family development should be physically broken into components that, from a design perspective, are housed in buildings of similar width, depth, and height as those typically found in the neighborhood. 2. Use of traditional and natural materials is strongly encouraged (e.g. wood clapboard, wood shingles, brick). 3. Additions to existing structures should be consistent with the a ted, but living together as a single housekeeping unit. For purposes of controlling residential density, not more than four unrelated individuals shall constitute a family. 2.2.54. FAMILY DAY CARE HOME . Any private residence which, on a regular basis, receives temporary custody and care during part or all of the day of children under seven years of age or children under sixteen years of age if such children have special needs; provided, however, in either case, that the total number of children under sixteen in a family day care home shall not exceed six, including participating children living in the residence. Family day care shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children with or without compensation therefor. NOTE: The definition for ""Family day care home"" under §2.2.54. above was established and effective by Ordinance 1991-10 on August 22, 1991. 2.2.55. FAR . see ""Floor Area Ratio"". 2.2.56. FAST ORDER FOOD ESTABLISHMENT . An establishment whose primary business is the sale of food for consumption on or off the premises which is: (a) primarily intended for immediate consumption rather than for use as an ingredient or component of meals; (b) available upon a short waiting time; (c) packaged or presented in such a manner that it can be readily eaten inside or outside the premises where it is sold; and, (d) which, because of the nature of the operation, causes or is a major contributor to a large volume or frequent turnover of vehicular traffic. 2.2.57. FLOOR AREA, GROSS . The sum area of all floors or accessible levels of a building as measured to the perimeter of the exterior faces of the walls with no deduction for corridors, stairs, closets, thickness of walls, columns or other features. The gross floor area of an unenclosed area on a parcel, developed and used as a principal use, shall be the contiguous land area needed and used to support the activity(-ies) of said use. 2.2.58. FLOOR AREA, NET . The sum area of all floors or accessible levels of a building as meas ontain living and sleeping space and which may contain kitchen and bath facilities. Each such living space shall be considered the equivalent of one (1) dwelling unit. Such housing shall also contain common dining, kitchen and social facilities. Limited supportive services may also be provided. 2.2.33. DAY CARE CENTER . Any facility operated on a regular basis whether known as a day nursery, nursery school, kindergarten, child play school, progressive school, child development center, preschool, or known under any other name which receives children, not of common parentage, under seven years of age or under 16 years of age if such children have special needs, for non-residential custody and care during part or all of the day separate from their parent(s). Day care center shall not include: any part of a public school system; any part of a private organized educational system, unless the services of such a system are primarily limited to kindergarten, nursery, a related preschool services; a Sunday school conducted by a religious institution; a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services; and a family day care home; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation therefor. 2.2.34. DECK . An unroofed, hard-surface area, with one or more levels, constructed so as to be supported by above-grade members, usually directly adjacent to a building but which may or may not be structurally attached to the building. 2.2.35. DEVELOPER . The legal or beneficial owner(s) of a lot or of land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or any other person having an enforceable proprietary interest in such land. 2.2.36. DEVELOPMENT . The construction, reconstruction, conversion, alteration, relocation or enlargement of any building or other structure, or excavation, land fill or mining, or any use or change i Does zoning include any provisions for housing that is restricted by age? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know. , This excerpt does not address any age-restricted zoning provisions, but that does not mean that they cannot be located elsewhere in the by-law." "[INST] Context: e from the Board of Appeals. 5. Non-conforming Single and Two Family Residential Structures. A proposed modification (including reconstruction, extension, alteration or change) to a nonconforming single or two family residential structure shall first require a determination by the Building Inspector as to whether the modification would increase the non- conforming nature of said structure. If the Building Inspector determines that proposed modification would not increase the non -conforming nature of the structure, the modification shall require the issuance of a building permit, if applicable. If the Building Inspector determines that the proposed modification would increase the non-conforming nature of the structure, the Board of Appeals may award a special permit for such modification only if it determines that the proposed modification will not be substantially more detrimental than the existing non-conforming structure to the neighborhood. 6. Abandonment or Non-Use. A non-conforming use or structure which has been abandoned, or not used for a period of two years, shall lose its protected status and be subject to all of the provisions of this zoning by-law. 7. Reversion to Non-conformity. No non-conforming use shall, if changed to a conforming use, revert back to a non-conforming use. 2.3 USE REGULATIONS 2.3.1 Table of Principal Uses. A. RESIDENTIAL USES ,,,,, ,RR,NR,C,TC,LI 1. Single Family Dwelling,Y,Y,Y,SP,N 2. Two Family Dwelling,Y,Y,Y,SP,N 3. Multifamily Dwelling,SP,SP,N,SP,N 4. Accessory Apartment,SP,SP,SP,SP,N 5. Boarding or Lodging House,SP,SP,N,N,N 6. Group Residence,SP,SP,SP,SP,N 7. Assisted Elderly Housing,SP,SP,SP,SP,N B. EXEMPT USES AND COMMUNITY FACILITIES ,,,,, ,RR,NR,C,TC,LI 1. Use of land or structures for religious purposes,Y,Y,Y,Y,Y ""2. Use of land or structures for educational purposes of land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation."", Y, Y,XY,XY,Y 3. Licensed day care facility for the daycare of six or fewer children,Y,Y,Y,Y,Y 4. Child care facility,Y,Y,Y,SP,Y 5. Municipal facility, SP,SP,Y,Y ding calendar year that the applicant desires the application to remain in effect, the Building Inspector shall treat said application in accordance with subsection 4.3.3(1), above. 4.3.4 Special Permit Exemption. Upon a determination by the Planning Board under a special permit application that the building permits will be issued for dwelling units within a development that will provide special benefits to the community, said permits shall be exempt from this section in its entirety, and shall not count toward the thirty (30) permits to be issued annually. The Planning Board may grant a special permit under this section only if the Board determines that the probable benefits to the community outweigh the probable adverse effects resulting from granting such permit, considering the impact on schools, other public facilities, traffic and pedestrian travel, recreational facilities, open spaces and agricultural resources, traffic hazards, preservation of unique natural features, planned rate of development, and housing for senior citizens and people of low or moderate income, as well conformance with Master Plan or Growth Management Plans, if any, prepared by the Planning Board pursuant to G.L. c.41, s81D. The Planning Board shall give particular consideration to proposals that demonstrate a reduction in allowable density of fifty percent (50%) or more. 4.3.5 Exemptions. The provisions of this section shall not apply to, nor limit in any way, the granting of building or occupancy permits required for the following purposes: 1.the construction, enlargement, restoration, or reconstruction of one single family or two family dwelling on a lot legally existing as of the date of passage of this by-law. 2.The construction of a single-family dwelling on land which, as of the date of passage of this by-law, was part of a lot held in separate ownership and containing one single or two family dwelling; provided that only one such new dwelling may be constructed in any year, and provided that the original lot shall be divided so that the existing dwelling DULT USE shall mean Adult Bookstores, Adult Cabarets, Adult Motion Picture Theaters, Adult Paraphernalia Stores, and Adult Video Stores, alone or in combination, as defined in this by-law. Alteration shall mean any construction, reconstruction or other action resulting in a change of the structural parts or height, number of stories, size, use or location of a building or other structure. Assisted Elderly Housing shall mean a residential facility occupies by persons over the age of 55, their spouses or surviving spouses, including rooms occupied by resident staff personnel. Such a facility may include a full range of nursing care from total to partial assistance, and may provide food preparation services, limited residential food preparation areas, and common recreational, laundry, social, medical, religious and service facilities for the exclusive use of the residents. BED AND BREAKFAST shall mean a private owner-occupied house with three or fewer guest rooms that includes a breakfast in the room rate. Parking to serve bed and breakfast guests shall not be located within the front yard between the residence and the street line except where the board of appeals finds that due to the considerable setback of the building from the street or other unique conditions pertaining to the lot, alternative off-street parking arrangements, such as an existing driveway, will not be detrimental to the neighborhood. BILLBOARD shall mean a large freestanding, permanent sign which directs attention to a business, commodity, services or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is located. BUFFER OR BUFFER STRIP shall mean an area within a site which is adjacent to and parallel with the property line consisting of a continuous strip (except for required vehicle or pedestrian access points) of existing vegetation or created by the use of trees or shrubs, designed to minimize intrusion of dirt, dust, litter, noise, glare from motor vehicle headlights, artificial light (including ambient glare); or view of signs, unsightly ship and containing one single or two family dwelling; provided that only one such new dwelling may be constructed in any year, and provided that the original lot shall be divided so that the existing dwelling and each new dwelling shall be on separate lots that conform to all zoning requirements for the district in which they are located. 4.3.6 Time and Limitation and Extension. This section shall expire on January 1, 2013; provided, however, that this section may be extended without lapse of its provisions and limitations, by vote of the Town Meeting prior to January 1, 2013. 4.3.7. The Planning Board may adopt reasonable rules and regulations for the administration of this Section 4.3. 4.3A SUBDIVISION PHASING 4.3A.1 Purpose. The purpose of this section, ""Subdivision Phasing"" is to assure that growth shall be phased so as not to unduly strain the town's ability to provide public facilities and services, so that it will not disturb the social fabric of the community, so that it will be in keeping with the community's desired rate of growth; and so that the town can study the impact of growth and plan accordingly. 4.3A.2 Applicability. The issuance of building permits for any tract of land divided pursuant to any provisions of G.L. c.41,ss.81K-81GG, the Subdivision Control Act, into more than seven (7) lots after the effective date of this by-law shall be subject to the regulations and conditions set forth herein. This provision shall apply to any proposed division or combination of properties which were in the same ownership and contiguous as of May 11, 1998. 4.3A.3 Phasing. Not more than seven (7) building permits shall be issued in any twelve month period for construction of residential dwelling on any tract of land divided into more than seven (7) lots pursuant to any provision of G.L. c.41,ss. 81K-81GG, the Subdivision Control Act. 4.3A.4 Exceptions. Issuance of more than seven (7) building permits for the same tract of land in a twelve month period may be allowed in the following circumstances: 1. The owner of said land may apply for TS 2.4.1 Residence in Commercial Districts A residential use located in a commercial district shall conform to the dimensional requirements of the nearest residential district. 2.4.2 Single Family or Two Family Dwellings on Non-Conforming Lots. In any district except a light industrial district, a single family or two family dwelling may be erected on a non- conforming lot in accordance with the provisions of G.L. c40A, s,6, papa.4, which states, in pertinent part: [a]ny increase in area, frontage, width, yard, or depth requirements of a zoning ordinance or by-law shall not apply to a lot for single and two family residential use which at the time of recording or endorsement, whichever occurs sooner was not held in common ownership with any adjoining land, conformed to then existing requirements and had less than the proposed requirement but at least five thousand square feet of area and fifty feet of frontage. Any increase in area, frontage, width, yard or depth requirement of a zoning ordinance or by-law shall not apply for a period of five years from its effective date...to a lot for single and two family residential use, provided the plan for such lot was recorded or endorsed and such lot was held in common ownership with any adjoining land and conformed to then existing requirements as of January first, nineteen hundred and seventy-six, and had less area, frontage, width, yard or depth requirements than the newly effective zoning requirements but contained at least seven thousand five hundred square feet of area and seventy-five feet of frontage, and provided... further that the provisions of this sentence shall not apply to more than three of such adjoining lots held in common ownership. 2.4.3 Change in Lot Configuration. No lot on which a building is located shall be reduced or changed in shape so that the building or lot fails to comply with the minimum lot area, lot width, minimum yard requirements, or other provisions of the by-law applicable to the lot or building. 2.4.4 Multiple Buildings or Uses on a Lot. Multiple principal uses or building on the same lot each must meet the dimensional requirements of Section 2.5 without counting any area, frontage or yard twice. Not m Does zoning include any provisions for housing that is restricted by age? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] I don't know. , This excerpt does not address any age-restricted zoning provisions, but that does not mean that they cannot be located elsewhere in the by-law." "[INST] Context: dimensions and maximum building area may be adjusted as deemed appropriate by the Board of Appeals. 5. At any one time, not more than 10 percent of the total dwelling units shall contain three or more bedrooms. 6. For multifamily units of two or more bedrooms, there shall be constructed and equipped an outdoor recreation area containing 100 square feet for each dwelling unit within the development with a minimum requirement of 2,000 square feet. Specifically exempt from this requirement are one-bedroom units and housing for the elderly. 7. The development shall be served by public water and sewerage. 8. Parking facilities shall meet the requirement of Section VIII except the required number of spaces shall be one additional for each five units for visitor parking. In housing for the elderly projects, the parking requirements shall be reduced by 50 percent. 9. Such other conditions as the Board may find appropriate in accordance Section XX may be imposed. K. Fast Order Food Establishments. In considering special permits for Fast Order Food Establishments, the Board shall give consideration to the following: 1. Impact on traffic and parking. 2. Sensitivity to the visual and physical characteristics of the particular location, including siting, signing, lighting, landscaping, fencing, materials, windows, etc. 3. Fulfillment of a need in the neighborhood or in the Town. 4. Reliance on walk-in trade as opposed to drive-in or automobile related trade. (Added by action of Town Meeting, June 23,1976, Article #30) L. Adult Entertainment Establishments may not be located less than 750(seven hundred fifty) feet from the nearest lot line of: a. Each other b. Public or Private Nursery-Schools c. Public or Private Day Care Centers d. Public or Private Kindergartens e. Public or Private Elementary Schools f. Public or Private Secondary Schools g. Playgrounds h. Churches (Adopted Special Town Meeting, April casting towers, television and radio antennae, and other like structures, which do not occupy more than 20 percent of the lot area; nor to churches or public agricultural or institutional buildings or buildings of private schools not conducted for profit that are primarily used for school purposes, provided that excepted appurtenances are not located within the flight paths of an airport as defined by F. A. A. regulations. 9. The gross floor area per dwelling unit in a two-family dwelling unit shall not be less than 768 square feet. The gross floor area in a multifamily dwelling shall not be less than 460 square feet for one-bedroom dwelling units, 600 square feet for two-bedroom units and 768 square feet for three-bedroom or larger units. Amended by action of Town Meeting, April 24, 1978, Article #63. 10. Where ""I"" or ""B"" District abuts an ""R"" District, no building within the ""I"" or ""B"" District shall be within 26 feet of the boundary line of the ""R"" District. a. Within the 25 foot setback there shall be a green belt no less than 15 feet in width running the distance where the ""I"" or ""B"" District abuts the ""R"" District and consisting of six foot evergreens staggered 10 feet on center. Added by action of Town Meeting, June 23,1975, Article #20. 11. Where a lot in a Residential-Multi-family (R-M) District and or Multifamily dwelling Units abuts or is within one hundred (100) feet of the boundary line of any Single Residence District and/or Single Family Dwellings a buffer strip shall be provided on all portions of said lot so abutting (within 100 feet as above said); such buffer strip to be at least one hundred (100) feet wide, including the width of any town owned land or public street. ""The buffer strip on said lot shall include a dense screen of vegetation no less than eight (8) feet high and no closer than fifteen (15) feet from any intersection, and/or driveway-road intersection, and may be used only for access to the lot except that the Board of Appeals : it shall not occupy more than 25 percent of the required rear yard; it shall be set back from the street line the required front yard distance for the zone in which it is located; it shall not be less than 5 feet from any other lot line or 10 feet from any principal building or structure; and it shall not exceed 20 feet in height. An accessory building or structure attached to the principal building shall be considered as an integral part thereof and shall be subject to front, side and rear yard requirements applicable to the principal building or structure. G. Other General Dimensional and Density Provisions: In addition to the regulations in Items A through F above, the following regulations shall apply: 1. Provisions for inner and outer courts shall be subject to the Building Code. 2. Existing and residential uses shall be subject to the regulations for the particular type of dwelling as defined in the R-M District for use in the GB, NB, and HB Districts. 3. Except for planned developments for multifamily development, cluster residential development, planned unit residential development, planned business or industrial development, community facilities, and public utilities, only one principal structure shall be permitted on a lot. In the case of planned multifamily developments, other than planned unit development, the minimum distance between the walls of such principal buildings, which contain windows, shall be twice the minimum side yard or side setback required in the District. The minimum lot area required per each individual dwelling unit, building, or other unit of use shall be multiplied by the number of such units to obtain the minimum lot area required for the total tract of land. Other area regulations shall apply to the tract as a whole. 4. For multifamily units of two or more bedrooms, where the total number of dwelling units to be developed at one time or in any successive stages exceeds 12 dwelling units, there shall be constructed and equi 4. For multifamily units of two or more bedrooms, where the total number of dwelling units to be developed at one time or in any successive stages exceeds 12 dwelling units, there shall be constructed and equipped an outdoor recreation area with a minimum size of 500 square feet per unit for each two bedroom and 1,000 square feet per bedroom for each unit of 3 or more bedrooms. Specifically exempt from this requirement are one-bedroom units and housing for the elderly. 5. A corner lot shall have minimum street yards with depths, which shall be the same as the required front yard depths for the adjoining lots. 6. At each end of a through lot, there shall be a setback depth required, which is equal to the front yard depth required for the District in which each street frontage is located. 7. Projections into required yards or other required open spaces are permitted subject to the following: a. Balcony or bay window, limited in total length to one half the length of the building, not more than 2 feet. b. Open terrace or steps or stoop, under 4 feet in height, up to one half the required yard setback. c. Steps or stoop over 4 feet in height, window sill, chimney, roof eave, fire escape, fire tower, storm enclosure, or similar architectural features, not more than 2 feet. 8. The provisions of this By-Law governing the height of buildings shall not apply to chimneys, cooling towers, elevator bulkheads, skylights, ventilators, electronic equipment, elevator shafts, and other necessary appurtenances usually carried above roof, not to domes, towers, stacks, or spires, if not used for human occupancy and which occupy not more than 20 percent of the ground floor area of the building; nor to ornamental towers, observation towers, radio broadcasting towers, television and radio antennae, and other like structures, which do not occupy more than 20 percent of the lot area; nor to churches or public agricultural or institutional buildings or buildings , the permit shall lapse, and be null and void. if occupancy of the said additional living area is then desired by another family member of the owner or owners, a new application for a Special Permit authorizing such occupancy shall be made. It is the intention of this provision that such additional living area shall not be used as an apartment for hire, but only as a convenience for a member of the owner's family, under special circumstances. Adopted Special Town Meeting, April 25,1983. Art. 40. TRAILER : Any vehicle which is immediately portable, and is arranged, intended, designed, or used for sleeping, eating, or temporary business use in conjunction with construction, or is a place in which persons may congregate including a house trailer or camper. Trailer and Recreational Vehicle: A vehicular, portable structure built on a chassis, designed as a temporary dwelling for travel, recreation and/or vacation. Added by action of Town Meeting, April 24,1978, Article #60. USE : The purpose for which a structure or lot is arranged, designed, or intended to be used, occupied, or maintained. USE, ACCESSORY : A use incidental and subordinate to the principal use of a structure or lot, or a use, not the principal use, which is located on the same lot as the principal structure. Accessory use by area shall be interpreted not to exceed 40 percent of the area of the total use of the structure or lot on which it is located, but this area limitation shall not be applicable either to: (i) accessory off-street parking and loading spaces, whether or not in excess of that required in Section VIII, (ii) Accessory filling of water, wet area or depression, or (iii) accessory removal of gravel, sand, or other earth material incidental to and in connection with the construction of a building or a lot. Amended by action of Town Meeting, April 28,1980, Article #6. USE, NONCONFORMING : A use lawfully existing at the time of adoption of this By-Law or any subsequent amendment thereto, which does not conform to one or more provisions Does zoning include any provisions for housing that is restricted by age? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes. , Yes. The by-law exempts housing for the elderly from having to provide outdoor recreation areas for its residents. The by-law also reduces parking requirements by 50 percent for housing for the elderly projects. " "[INST] Context: K. ACTIVE ADULT RESIDENTIAL DEVELOPMENT (""AARD"") 1. Definition And Applicability An ACTIVE ADULT RESIDENTIAL DEVELOPMENT (""AARD"") is an alternative type of residential development in which, except as hereinafter provided, permanent occupancy of the dwelling units shall be restricted to persons 55 years of age or older, and in which at least 10% of the total number of dwelling units shall be affordable for purchase or lease by persons of low income, as defined in 760 CMR 45.02, provided however, that some or all of the affordable units may not be age -restricted. Customary, non-commercial accessory uses shall also be allowed as part of an AARD. However, no accessory retail or other commercial use or nursing care facilities shall be allowed in an AARD. An AARD is an allowable use in the Single Family Residence District (A), Single Family Residence District (B), and Business District (B), with Concept Plan approval by two-thirds vote of the Town Meeting and subsequent Special Permit with Site Plan Approval issued by the Planning Board. 2. Purposes The purposes of an AARD are to: a. Provide alternative housing for a maturing population; b. Provide a type of housing which reduces residents' burdens of property maintenance and which reduces demands on municipal services; c. Encourage the development of affordable housing for active adults with low and moderate income, as defined in 760 CMR 45.02; and d. Promote flexibility in site planning while protecting natural features, scenic views into property, protect existing vegetation and land forms and utilization of land in harmony with neighboring properties. 3. Minimum Tract Size No tract of land may be used for an AARD unless it contains at least 40 acres of contiguous land, exclusive of (a) the wetlands resource areas listed in 310 CMR 10.02, 1, a through e, (b) the first (inner) 100 feet of the Riverfront Area as defined in 310 CMR 10.58, and (c) land included in the Town's Wetland and Flood Plain Protection District (collectively, the ""Exclusions""). 4. Concept Plan The purpose of the Concept Plan is to eet, Church Street, Conant Road, Concord Road, Crescent Street, Fiske Lane, Glen Road, Highland Street, Hilltop Road, Kingsbury Lane, Lexington Street, Lincoln Street, Loring Road, Love Lane, Maple Road, Merriam Street, Newton Street, North Avenue (Route 117), Oak Street, Pigeon Hill Road, Pine Street, Ridgeway Road, Ripley Lane, School Street, Silver Hill Road, South Avenue (Route 30), Sudbury Road, Summer Street including By-Pass, Viles Street, Ware Street, Webster Road, Wellesley Street, Winter Street. SCHOOL AGE CHILD CARE PROGRAM A Child Care Facility providing supervised group care, on a regular basis before or after school and/or during school vacation and holidays, for children not of common parentage who are enrolled in kindergarten and are of sufficient age to enter first grade the following year, and/or older children of common parentage not more than fourteen years of age (or sixteen years of age if such child has special needs). Such facility must include a planned daily program of activities attended by children for specifically identified blocks of time during the week, usually over a period of weeks or months SETBACK The shortest distance from the street side line, street center line, or lot line, as the case may be, to any part of the foundation of a building or structure. SIGN Any advertising symbol or device used or intended to advertise or promote the interests of any entity when the same is placed out of doors or is visible from the exterior by reason of being placed in or on a window or outside door. SINGLE FAMILY DWELLING A Dwelling used or intended to be used principally as the residence of a single Family, with or without an Accessory Apartment authorized under Section VI.G of this Zoning By-law. When the context indicates, the term Single Family Dwelling shall also refer to the Principal Use of the lot for such purpose. SOLID WASTES Useless, unwanted or discarded solid materials, with insufficient liquid content to be free flowing, including for example, rubbish, garbage, scrap materials, junk, refuse, inert fill material and landscape refu all conform to the following requirements as to square footage, frontage, set-backs, square feet of land per unit, number of units per building, buffers, number of bedrooms per unit, and area of living space. 2. Table of Dimensional Requirements. ,District, ,A,B Minimum lot area in square feet,""240,000"",""600,000"" Minimum street frontage on existing public way,200 ft.,100 ft. Minimum setback from street side line of existing public way,100 ft.,65 ft. Minimum setback from street centerline of existing public way,125 ft.,N/A Minimum setback from lot line,100 ft. (a),65 ft. Square feet of land per unit (b),""30,000"",""10,000"" Number of units per building,2 to 8,4 to 8 ""Buffer maintained in natural state, or landscaped, around perimeter of lot."",50 ft,25 ft. Minimum garage distance from lot line,65 ft..,45 ft Minimum setback from side line of road located within the lot,20 ft.,20 ft. Minimum setback from center line of road located within the lot,45 ft..,45 ft Maximum average number of bedrooms per unit,2,N/A Minimum floor area of living space in square feet,750,750 Notes (a) In cases where a lot line is adjacent to permanent conservation land, a railroad, or certain other types of municipal open land which in themselves serve as buffers, the minimum setback from lot line may be 65 feet. (b) The number of square feet of land per unit shall consist entirely of land outside the Wetlands and Flood Plain Protection District. ***** 3. The aggregate of all dwelling structures in Multiple Dwelling Districts shall not cover more than 20% of the lot upon which they are built. The aggregate of all structures and off-street parking areas, whether or not covered, in Multiple Dwelling Districts shall not cover more than 30% of the lot upon which they are built or located. 4. No garage structure shall measure more than 100 feet in length and no other building shall measure more than 250 feet in length. No garage structure shall exceed a height from the ground of one story. All buildings shall be separated from other buildings by a distance of at least 25 feet, and a garage shall ZONING BY-LAW educational corporation, in accordance with G.L. c. 40A, §3; and iii. Child Care Facility, in accordance with G.L. c. 40A, §3; provided that: off-street parking is provided in accordance with Section VIII.A ""Regulations for off-Street parking"" and height, setbacks and lot area are maintained in accordance with the requirements for the District in which the land, buildings, or structures are located. d. Upon issuance of a special permit, activities necessary in connection with scientific research or scientific development or related production, which are accessory to activities permitted in the district as a matter of right, provided the Special permit Granting Authority finds that the proposed accessory use does not substantially derogate from the public good. 4. All other uses of buildings, structures and land shall be subject to the requirements and limitations set forth in this Zoning By-law for the zoning district(s) in which the particular building, structure or land is located, including, Accessory Uses in connection with lawful Principal Uses. Accessory Uses are subject to the same special permit and/or site plan approval requirements as the principal use(s) served. B. SINGLE FAMILY RESIDENCE DISTRICTS (A, B, C and D) 1. By-Right Uses a. Unless located on a lot which bounds on a Scenic Road as defined in Section II, single family detached dwelling containing one housekeeping unit only, together with accessory buildings not containing a housekeeping unit. The number of such dwellings with such accessory buildings on any one lot shall not exceed the number which can be located thereon in conformity to Section VI, Subsection F.2., ""Numbers and Location of Dwellings on One Lot""; The Residential Gross Floor Area ""RGFA"" of any new or replacement single family dwelling use constructed pursuant to a building permit issued on or after October 29, 1998, may not exceed the greater of 3,500 s.f. or 10% of the lot ar Does zoning include any provisions for housing that is restricted by age? Instructions: Answer the question using the context with 'Yes' or 'No' and explain your answer [/INST] Yes. , Yes. The by-law provides for Active Adult Residential Development (""AARD""), an alternative type of residential development in which permanent occupancy of the dwelling units shall be restricted to persons 55 years of age or older, and in which at least 10% of the total number of dwelling units shall be affordable for purchase or lease by persons of low income. However, some or all of the affordable units may not be age-restricted."