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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
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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.)
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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
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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
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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
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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
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(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
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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
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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
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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
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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
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, 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
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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?
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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
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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?
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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?
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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?
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, 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
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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
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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?
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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 (
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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
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(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
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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
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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,
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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;
(
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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.
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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
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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
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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
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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
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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?
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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,
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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
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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
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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
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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?
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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?
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[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?
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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.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
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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
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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
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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
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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
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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
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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
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§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
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(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
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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
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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
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[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?
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[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?
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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
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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
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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
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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
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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
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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
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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,
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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. |
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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?
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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 |
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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. |
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