Town of Middleton, MA SECTION 7.0 Special Residential Regulations

7.1 Multifamily or attached dwelling.

7.1.1. Special permit required. In the Village Residential (R2) District, a multifamily or attached dwelling may be authorized by the grant of a special permit by the Planning Board, in accordance with the requirements set forth below.

7.1.2. Dimensional requirements.

1. Minimum lot size. The minimum lot size in this district shall be at least 100,000 square feet (2.296 acres) for an attached dwelling or townhouse complex. Individual attached dwelling lots within an attached dwelling complex shall have an area of not less than 3,000 square feet.

2. Density. The maximum overall density shall be one dwelling unit per 20,000 square feet.

3. Coverage. The maximum coverage of all buildings shall not exceed 20% of the development parcel.

4. Open space. At least 30% of the development parcel shall be maintained as open space land.

5. Open area. At least 40% of the development parcel shall be maintained as open area.

6. Lot frontage. The minimum lot frontage shall be 200 feet for each development in this district.

7. Setback. All structures shall not be less than 75 feet from all lot lines and street lines.

8. Height. The height of any structure shall not exceed 35 feet or be in excess of three stories.

9. Watershed Protection Overlay District. For lots within the Watershed Protection Overlay District, the requirements of Section 8.2 shall apply.

7.1.3. Dimensional regulations for attached dwellings:

1. Maximum lot coverage: 40%.

2. Minimum open space: 20%.

3. Minimum frontage: 20 feet.

4. Minimum lot width: 20 feet.

5. Minimum front setback: 25 feet.

6. Minimum side yard: none where a party wall is constructed between dwelling units. Otherwise, the minimum distance between two buildings on the same lot shall be 40 feet.

7. Minimum rear yard: 30 feet.

8. Minimum number of dwellings: three.

9. Maximum units per structure: eight.

7.1.4. Driveways. There shall be a paved driveway or paved walk adequate to accommodate emergency vehicles within 50 feet of the outside entrance of each dwelling unit.

7.1.5. Roadways. Any road or driveway providing principal access to dwelling units and lots intended for multifamily dwellings shall conform to the appropriate provisions of the subdivision rules and regulations as if it were a minor street. If deemed necessary by the Planning Board, such road or street shall be dedicated as a public way.

7.1.6. Buffer screen. Where a development containing multifamily or attached dwellings is adjacent to a single-family district or preexisting commercial or industrial development, a buffer screen may be required around the multifamily or attached dwelling complex.

7.1.7. Water and sewer. Any proposed multifamily or attached dwelling complex shall be served by water and sewer systems satisfactory to the Board of Health and shall meet any applicable state regulations.

7.2 Conversion of single-family dwelling in R2 District.

7.2.1. General requirements. The conversion of a single-family dwelling existing at the time of adoption of the Village Residential (R2) District into a dwelling with more than one dwelling unit shall subject to the following conditions:

1. No substantial change shall be made to the external appearance of the structure.

2. The maximum number of dwelling units on each lot does not exceed that allowed in the R2 District.

3. Sufficient parking shall be provided in accordance with the Table of Minimum Requirements in Section 5.1.

4. The Board of Health shall be satisfied with the adequacy of the methods of waste disposal.

5. Area requirements are in conformance with Section 7.1, above.

7.3 Flexible development.

[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.[1]

[1] Editor's Note: See Ch. 250, Subdivision of Land.

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.

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.

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[2] or any other provisions of this Zoning Bylaw.

[2] Editor's Note: See MGL c. 41, §§ 81K to 81GG.

7.4 Development schedule.

7.4.1. Purpose. The Town is facing limited capacity in its school system, water supply, roadways, stormwater drainage facilities, recreational facilities, and fire and police protection services. Because of the Town’s limited ability to increase school capacity and similar limited ability to increase water supply, roadways, stormwater drainage capacity, and recreational and fire and police protection services and facilities, this development scheduling bylaw is hereby enacted to limit the rate of growth in the demand for such facilities and services to 25% of total proposed units. This section of the Zoning bylaws, containing said growth rate limits, shall be in effect for a fifteen-year period from the date of its enactment until June 30, 2015. This section was originally adopted by Article 47 of the 2000 Annual Town Meeting and was further amended on May 8, 2007. During this period, study of the school needs, public water supply needs and other public services and facilities needs of the Town shall be undertaken to determine whether the provisions contained in this section should be continued.

[Amended 5-12-2009 ATM by Art. 28]

7.4.2. Building permits. For 15 years, following enactment of this section, building permits for the construction of dwellings on lots held in common ownership shall not be granted at a rate per annum greater than permitted by the following schedule, commencing in the year such lots are separated or subdivided, or in the year this provision becomes effective, except as may be exempted herein. Any lots covered by this provision hereafter sold or otherwise transferred to another owner shall include in the deed the earliest date on which construction may be commenced in accordance with these provisions.

	Number of Dwelling Units in Subdivision	Dwelling Units Per Year
	1 to 16	4
	17 and over	25% of the total

7.4.3. Commencement. The yearly schedule shall commence from the date of the Planning Board signing of the definitive subdivision plan, or the granting of a special permit or variance if applicable to the development. All definitive subdivisions, special permits and variances shall include a proposed development schedule by the applicant.

7.4.4. Transfer of rights. Any person, corporation, or other legal entity that wholly owns more than one subdivision that has received approval for its development schedules may use its combined annual dwelling unit building permit authorizations in one of its developments. When such a transfer of scheduled rights occurs, the time period for the beginning and total duration of scheduled development in the project or projects, from which the transfer occurs, shall be delayed one calendar year from the time of transfer.

7.4.5. Improvements. All improvements, including the paved base coat of roadways, streetlights, utility installations, waterlines, common wastewater disposal facilities, fire alarm pull boxes, if applicable, and drainage facilities, required in the Rules and Regulations Governing the Subdivision of Land in Middleton, MA, shall be completed to the full road frontage for any lot prior to issuance of a certificate of occupancy for the building on such lot.

7.4.6. Exemption. Any dwelling units that are restricted by written and recorded agreement to occupants age 55 or older are exempt from the provisions of this section.