[Amended 5-12-2009 ATM by Art. 29]
7.3.1.
Purpose. The purpose of this section, Flexible development,
is to:
1. Encourage the preservation of open land for its scenic beauty and
to enhance agricultural, open space, forestry, and recreational use;
2. Preserve historical and archeological resources; to protect the natural
environment, including the Town's varied landscapes and water resources;
3. Protect the value of real property;
4. Promote more sensitive siting of buildings and better overall site
planning;
5. Perpetuate the appearance of the Town's traditional New England landscape;
6. Facilitate the construction and maintenance of streets, utilities,
and public services in a more economical and efficient manner;
7. Offer an alternative to standard subdivision development;
8. Promote the development of affordable housing; and
9. Promote the development of housing for persons over the age of 55.
7.3.2.
Definitions. The following terms shall have the following definitions
for the purposes of this section:
AFFORDABLE HOUSING
Housing affordable to persons or families qualifying as moderate
income" in the area under the applicable guidelines of the Commonwealth's
Department of Housing and Community Development earning more than
50% but less than 80% of the median income.
CONTIGUOUS OPEN SPACE
Open space suitable, in the opinion of the Planning Board,
for the purposes set forth in Section 7.3.13(2), herein. Such open
space may be separated by the road(s) constructed within the flexible
development. Contiguous open space shall not include required yards.
7.3.3.
Applicability. In accordance with the following provisions,
a flexible development project may be created, whether a subdivision
or not, from any parcel or set of contiguous parcels held in common
ownership and located entirely within the Town.
7.3.4.
Procedures. Flexible development may be authorized upon the
issuance of a special permit by the Planning Board. Applicants for
flexible development shall file with the Planning Board seven copies
of the following:
1. A development plan conforming to the requirements for a preliminary
plan as set forth in the Subdivision Rules and Regulations of the
Planning Board.
2. Where wetland delineation is in doubt or dispute, the Planning Board
may require appropriate documentation.
3. Data on proposed wastewater disposal, which shall be referred to
a consulting engineer for review and recommendation.
4. The Planning Board may also require as part of the development plan
any additional information necessary to make the determinations and
assessments cited herein.
7.3.5.
Design process. Each development plan shall follow the design
process outlined below. When the development plan is submitted, applicants
shall be prepared to demonstrate to the Planning Board that this design
process was considered in determining the layout of proposed streets,
house lots, and contiguous open space.
1. Understanding the site. The first step is to inventory existing site
features, taking care to identify sensitive and noteworthy natural,
scenic and cultural resources on the site, and to determine the connection
of these important features to each other.
2. Evaluating site context. The second step is to evaluate the site
in its larger context by identifying physical (e.g., stream corridors,
wetlands), transportation (e.g., road and bicycle networks), and cultural
(e.g., recreational opportunities) connections to surrounding land
uses and activities.
3. 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 of the
site, and, where appropriate, areas that serve to extend neighborhood
open space networks.
4. Location of development areas. The fourth step is to locate building
sites, streets, parking areas, paths and other built features of the
development. The design should include a delineation of private yards,
public streets and other areas, and shared amenities, so as to reflect
an integrated community, with emphasis on consistency with the Town's
historical development patterns.
5. Lot lines. The final step is simply to draw in the lot lines (if
applicable).
7.3.6.
Modification of lot requirements. The Planning Board encourages
applicants for flexible development to modify lot size, shape, and
other dimensional requirements for lots within a flexible development,
subject to the following limitations:
1. Lots having reduced area or frontage shall not have frontage on a
street other than a street created by the flexible development; provided,
however, that the Planning Board may waive this requirement where
it is determined that such reduced lots are consistent with existing
development patterns in the neighborhood.
2. At least 50% of the required side and rear yards in the district
shall be maintained in the flexible development.
7.3.7.
Basic maximum number of dwelling units. The basic maximum number
of dwelling units allowed in a flexible development shall not exceed
the number of lots which could reasonably be expected to be developed
upon the site 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.
7.3.8.
Density bonus. 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 flexible development shall not,
in the aggregate, exceed 40% of the basic maximum number (the "maximum
density bonus"). All dwelling units awarded as a density bonus shall
be two bedroom units with deed restrictions in perpetuity. Computations
shall be rounded to the lowest number. A density bonus may be awarded
in the following circumstances:
1. For each additional 10% of the site over the open space required
below and set aside as contiguous open space, a bonus of 5% of the
basic maximum number may be awarded, up to the maximum density bonus;
2. For every two dwelling units restricted to occupancy by persons over
the age of 55, one dwelling unit may be added as a density bonus,
up to the maximum density bonus;
3. Where the Planning Board determines that the applicant has offered
significant amenities to the Town, including but not limited to infrastructure
improvements, equipment, or technical assistance, a bonus, may be
added up to the maximum density bonus;
4. Any combination of additional open space or age-restricted units
or significant amenities to the Town as set forth in Subsections 1,
2 and 3 above, up to the maximum density bonus.
7.3.9.
Affordable component. As a condition of the grant of any special
permit for a flexible development, a minimum of 15% of the total number
of dwelling units shall be affordable housing units, restricted in
perpetuity. The restriction shall be approved as to form by legal
counsel to the Planning Board, and a right of first refusal upon the
transfer of such affordable housing units shall be granted to the
local Housing Authority or, in lieu thereof, the Board of Selectmen,
for a period not less than 120 days after notice thereof. The following
requirements shall be applicable:
1. In determining the total number of affordable housing units required,
calculation of a fractional unit of 0.5 or more shall be regarded
as a whole unit;
2. The price for affordable housing units shall be calculated such that
household size matches the number of bedrooms plus one;
3. Affordable housing units shall conform to all requirements for inclusion
on the state's Subsidized Housing Inventory; and
4. Affordable housing units shall be located throughout the project
site and consist of all of the varying styles of dwellings being constructed,
and shall be comparable to market-rate units in terms of location,
quality and character, room size, number of rooms, number of bedrooms
and external appearance.
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In exceptional circumstances, the Planning Board may allow the
developer to make a financial contribution to the Middleton Housing
Authority, or Affordable Housing Trust Fund or the Board of Selectmen
for use in securing affordable housing for the Town, in lieu of providing
all or any portion of the affordable housing units required, if the
Planning Board finds that: (i) it is in the best interest of the Town
to do so, or (ii) the provision of affordable housing units would
result in a hardship such as rendering the project economically infeasible.
In the event of such a determination by the Planning Board, then the
financial contribution for each unit shall be equal to the difference
between the fair market value of a market-rate unit and the price
of an affordable housing unit, and shall be payable in full prior
to issuance of a final occupancy permit.
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7.3.10.
Types of buildings. The flexible development may consist of
any combination of single-family, two-family and multifamily residential
structures. A multifamily structure shall not contain more than three
dwelling units. The architecture of all multifamily buildings shall
be residential in character, particularly providing gabled roofs,
predominantly wood siding, an articulated footprint and varied facades.
Residential structures shall be oriented toward the street serving
the premises and not the required parking area.
7.3.11.
Roads. The principal roadway(s) serving the site shall be designed
to conform with the standards of the Town where the roadway is or
may be ultimately intended for dedication and acceptance by the Town.
Private ways shall be adequate for the intended use and vehicular
traffic and shall be maintained by an association of unit owners or
by the applicant.
7.3.12.
Parking. Each dwelling unit shall be served by two off-street
parking spaces. Parking spaces in front of garages may count in this
computation.
7.3.13.
Contiguous open space. A minimum of 40% of the parcel shown
on the development plan shall be contiguous open space. Any proposed
contiguous open space, unless conveyed to the Town or its Conservation
Commission, shall be subject to a recorded restriction enforceable
by the Town, providing that such land shall be perpetually kept in
an open state, that it shall be preserved for 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.
1. The percentage of the contiguous open space which is wetlands shall
not normally exceed the percentage of the tract which is wetlands;
provided, however, that the applicant may include a greater percentage
of wetlands in such open space upon a demonstration that such inclusion
promotes the purposes set forth in Subsection 1, above. In no case
shall the percentage of contiguous open space which is wetlands exceed
50% of the tract.
2. The contiguous open space shall be used for conservation, historic
preservation and education, outdoor education, recreation, park purposes,
agriculture, horticulture, forestry, or for a combination of these
uses, and shall be served by suitable access for such purposes.
3. The contiguous open space shall remain unbuilt upon, provided that
the Planning Board may permit up to 10% of such open space to be paved
or built upon for structures accessory to the dedicated use or uses
of such open space, pedestrian walks, and bike paths.
4. Underground utilities to serve the flexible development site may
be located within the contiguous open space.
7.3.14.
Ownership of the contiguous open space. The contiguous open
space shall, at the Planning Board's election, be conveyed to:
1. The Town or its Conservation Commission;
2. A nonprofit organization, the principal purpose of which is the conservation
of open space and any of the purposes for such open space set forth
above;
3. A corporation or trust owned jointly or in common by the owners of
lots within the flexible development. If such corporation or trust
is utilized, ownership thereof shall pass with conveyance of the lots
in perpetuity. Maintenance of such open space and facilities shall
be permanently guaranteed by such corporation or trust which shall
provide for mandatory assessments for maintenance expenses to each
lot. Each such trust or corporation shall be deemed to have assented
to allow the Town to perform maintenance of such 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. 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.
7.3.15.
Buffer areas. A buffer area of 100 feet shall be provided at
the perimeter of the property where it abuts residentially zoned or
occupied properties, except for driveways necessary for access and
egress to and from the site. No vegetation in this buffer area will
be disturbed, destroyed or removed, except for normal maintenance.
The Planning Board may waive the buffer requirement:
1. Where the land abutting the site is the subject of a permanent restriction
for conservation or recreation so long as a buffer is established
of at least 50 feet in depth, which may include such restricted land
area within such buffer area calculation; or
2. Where the land abutting the site is held by the Town for conservation
or recreation purposes; or
3. The Planning Board determines that a smaller buffer will suffice
to accomplish the objectives set forth herein.
7.3.16.
Stormwater management. Stormwater management shall be consistent
with the requirements for subdivisions set forth in the rules and
regulations of the Planning Board.
7.3.17.
Decision. The Planning Board may approve, approve with conditions,
or deny an application for a flexible development after determining
whether the flexible development better promotes the purposes of Section
7.3.1 of this flexible development Bylaw than would a conventional
subdivision development of the same locus.
7.3.18.
Relation to other requirements. The submittals and permits of
this section shall be in addition to any other requirements of the
Subdivision Control Law or any other provisions of this Zoning Bylaw.