[Amended 6-6-2022 ATM by Art. 24; 5-1-2023 ATM by Art. 33]
8.1.1.
General. The two- and three-unit residential use of a single
lot is permitted as set forth in Section 3.1.4, Table of Use Regulations.
For the purposes of this section, any set of two or three dwelling
units on a single lot, whether in the same building or in separate
buildings, shall be considered a two- or three-unit residential use.
8.1.2.
Requirements. All two- and three-unit residential uses shall
comply with the following requirements:
1.
Fire escapes and outside stairways leading to a second or higher
story, where practicable, shall: not be located on any building wall
facing a street; be located on the rear or side of the building; and
comply with Section 4.2.3, Permitted projections into yards.
2.
One and one-half off-street parking spaces shall be provided for
each dwelling unit, located in such a manner that permeable surfaces,
including lawns and/or garden areas but exclusive of all structures,
driveways, walkways and parking spaces, shall be no less than 15%
of the total area of the property. Deviation from this requirement
may be permitted in accordance with Section 6.1.9.
3.
Drainage controls shall be specifically designed and detailed on
drawings.
[Amended 6-6-2022 ATM by Art. 23; 5-1-2023 ATM by Art. 33]
8.2.1.
General. An accessory dwelling unit (ADU) is permitted in any
district, except where an ADU is proposed in a legally preexisting
nonconforming structure, in which case the ADU shall require a special
permit issued by the Zoning Board of Appeals in accordance with Sections
5.0, 8.2, and 10.4.
8.2.2.
Requirements.
1.
Only one ADU may be established per lot.
2.
An ADU may not in any case be larger than 900 square feet of net
usable floor area. If a dwelling unit greater than 900 square feet
of net usable floor area is created within a single-unit home, the
residence will be considered a two-unit dwelling and will be subject
to the requirements of Section 8.1 of this bylaw.
3.
The structure in which the ADU is to be located must meet the zoning
requirements for residences, except when it is a legally preexisting
nonconforming structure and the Zoning Board of Appeals authorizes
the use by special permit.
4.
One parking space shall be provided in addition to that required by the present building. All required parking spaces, including the parking space for the ADU, must be provided no closer to the street than the building setback line. Deviation from these requirements may be permitted in accordance with Subsection 6.1.9.
5.
An ADU may be created within a new or a previously existing single-unit
or two-unit residential structure.
6.
A home occupation may be allowed within any dwelling unit and/or
accessory structure. Any such home occupation shall meet the provisions
of Section 3.3.
7.
Fire escapes and outside stairways leading to a second or higher
story shall comply with Section 4.2.3.
8.
Farm dwellings. More than one ADU shall be allowed on lands used
for the primary purpose of commercial agriculture, aquaculture, silviculture,
horticulture, floriculture, or viticulture as defined in MGL Ch. 128,
§ 1A, provided such ADUs are solely used for the farm's
employees.
9.
The
Board of Health or its agent shall give its approval prior to the
issuance of a building permit.
[Amended 5-1-2023 ATM by Art. 33]
8.3.1.
General. Multi-unit residential uses may be permitted by-right
or by special permit as set forth in the Table of Use Regulations,
and shall require site plan approval in accordance with Section 10.5.
8.3.2.
Definition. For the purposes of this section, the placing of
more than three dwelling units on a single lot, under any circumstances,
shall be considered a multi-unit residential use. Example: a lot with
a three-unit residential use and an accessory dwelling unit would
be classified as a multi-unit residential use.
8.3.3.
Requirements. Multi-unit dwellings shall comply with all the
following special requirements, as applicable. The special permit
granting authority (SPGA) may waive any or all of these requirements
for multi-unit dwellings in existence as of May 9, 2016, after making
a specific finding of why the requirement should not apply, and shall
note any waivers in the special permit decision.
1.
Permeable open space on the lot, including lawn and/or garden area
but exclusive of structures, driveways, walkways and parking spaces,
shall be no less than 50% of the total area of the property.
2.
One and one-half off-street parking spaces shall be provided for
each dwelling unit. No space shall be considered available for parking
if such space reduces the effective width of a driveway providing
access to more than one dwelling unit to less than 12 feet. In the
event that the required parking spaces cannot be provided on the property,
deviation from this requirement may be permitted in accordance with
Section 6.1.9.
8.3.4.
Exemptions in Downtown B District, B2X, HVC, MXD District, and
General Business B2 District. The requirements of Section 8.3.3 shall
not apply to any multi-unit dwelling in a single existing building
within the Downtown Business B District, B2X, B2, HVC, or MXD District.
8.4.1.
General. For mixed uses in the B, B2, I, and I2 Zones, all of
the following requirements shall apply. For mixed uses in the B3 Zone,
see Section 9.4. For mixed uses in the HVC and HVOD Zones, see Sections
9.9 and 9.10 respectively. For mixed uses in MXD Zones, see Section
9.11.
8.4.2.
Requirements.
1.
When residential use is combined with other nonresidential permitted
uses, the controlling dimensional requirements shall be the less restrictive.
2.
Inside the Village Center Overlay District, at least 75% of street-level
floor space shall be reserved for nonresidential use. Outside the
Village Center Overlay District, at least 25% of street-level floor
space shall be reserved for nonresidential use. The Planning Board,
or the special permit granting authority (SPGA), if it is not the
Planning Board, may, by special permit, reduce the nonresidential
space requirement.
3.
In all districts except the B District, only one parking space per
dwelling unit shall be required in addition to those required of other
nonresidential permitted uses where it can be shown by the applicant
that joint use of parking will be compatible and adequate for all
occupants.
4.
Except as specifically set forth in this section, a special permit
under this section does not replace other requirements of this bylaw.
8.5.1.
Purpose. The purpose of planned unit residential development
is to:
1.
Allow for greater variety, creativity and flexibility in development.
Provide harmonious and diverse housing choices with varied setback
lines, dwelling types, and "cluster" type site planning, with provisions
to control maximum density;
2.
Encourage more compact, economical and efficient development;
3.
Facilitate the construction and maintenance of streets, utilities,
and public services in a more economical and efficient manner;
4.
Promote the creation of usable and suitably located common open space
that is permanently protected for a higher level of amenity;
5.
Maintain and replicate the traditional New England rural character
and land use pattern in which small villages are adjacent to common
open space.
8.5.2.
Special permit required. The Selectboard shall be the special
permit granting authority (SPGA) for a PURD and may grant a special
permit in accordance with the provisions of Section 10.4 for the construction
and occupancy of a planned unit residential development (PURD) in
any zoning district specified for such use in the Table of Use Regulations.
8.5.3.
Permitted uses. In a PURD, the following uses may be permitted.
No structure designed or intended for business use, except the development
office, shall be a part of any PURD.
8.5.4.
Density. The following requirements relating to the density
of population and intensity of land use by a PURD shall be met.
1.
Minimum number of dwelling units: 10.
2.
Maximum number of dwelling units: 60.
3.
Separation of PURDs: In R2 and R4 Zoning Districts, the boundary
of one PURD shall be no closer than one mile to the nearest boundary
of another PURD in an R2 or R4 District, measured in a straight line
connecting the closest points of the respective boundaries, nor shall
the boundary of any PURD in an R2 or R4 District be contiguous to
that of any PURD in any other zoning district. In R1A, R1B, R3, B
and I Zoning Districts, the boundary of one PURD shall not be contiguous
at any point to that of another PURD, regardless of district.
4.
The minimum land area for a PURD shall be based on the following
area requirements per dwelling unit:
|
District
|
Area
(square feet)
|
|---|---|
|
R1A
|
3,300
|
|
R1B
|
1,700
|
|
R2
|
15,000*
|
|
R3
|
1,700
|
|
R4
|
29,000
|
|
B2
|
2,000
|
|
B2X
|
2,000
|
|
B3
|
2,000
|
|
MXD
|
2,000
|
|
I
|
2,000
|
|
I2
|
2,000
|
|
NOTE:
| |
|
*
|
7,500 square feet if served by both municipal water and sewer;
10,500 square feet if served by one utility but not the other.
|
5.
Minimum usable open space or common land per dwelling unit: 2,500
square feet. Such space shall not include wetlands, streams or any
other area subject to protection under the Massachusetts Wetlands
Protection Act, unless the SPGA determines that the access provided
to these resources is a significant public benefit, nor shall it include
roadways and private yards, nor driveways, walkways, and parking spaces
that are common to less than four dwelling units.
6.
The maximum lot coverage by building shall be regulated in accordance
with the Schedule of Dimensional Requirements for the underlying zoning
district.
8.5.5.
Requirements. A PURD shall comply with all the following requirements
and procedures.
1.
The minimum off-street parking requirement shall be one parking space
for each dwelling unit.
2.
The maximum height of structures shall be as regulated in Section
4.0.
3.
The maximum length of any exterior straight wall shall be 125 feet.
There shall be an offset of at least 10 feet between straight walls.
4.
The minimum distance between any two principal buildings where one
or both contain three or more dwelling units shall be not less than
20 feet. The minimum distance between any buildings that are one-
or two-family dwellings shall be not less than 10 feet.
5.
No portion of any enclosed wall of any building or other permissible
structure shall be nearer than 20 feet to any roadway within the development
or 10 feet to any parking area and shall not be nearer than 50 feet
to any property line in R2 or R4 Districts, nor nearer than 30 feet
to any property line in R1A, R1B, R3, B2, B2X, B3, MXD, I and I2 Districts.
6.
A PURD having more than 40 dwelling units shall have a minimum of
two access roadways to be separated by at least 100 feet. All roadways
within the development shall conform in construction with the standards
as set forth in the Planning Board's Subdivision Regulations, and
all public utilities shall be installed in accordance with said subdivision
regulations.
7.
Parking and recreation areas shall be designed and located to be
accessible from the buildings they are intended to serve. No space
shall be considered available for parking that reduces the effective
width of a driveway providing access to more than one dwelling unit
to less than 12 feet.
8.
The proposed development shall be located with relation to primary
streets and uses outside the development in a manner that does not
create traffic hazards or congestion. Before issuance of a special
permit by the SPGA, the Chief of Police and the DPW or Highway Superintendent
shall give their written approval of said location.
9.
The proposed development shall be so located that essential community
services, including water supply, sewage system, drainage system,
if available, and police and fire protection, shall be adequate for
the development, based on written reports and recommendations from
appropriate town agencies. The SPGA shall, before granting a special
permit, require written guarantees from the applicant, including such
financial guarantees in the form of bank deposits, bonds or covenants
as may be satisfactory to the SPGA and the Town Counsel, that suitable
provision will be made assuring these services, if available.
8.5.6.
Timeshares. The rental or sale of any unit within a PURD on
a time-sharing basis for temporary occupancy is permitted only in
the B2 (General Business) Zoning District.
8.5.7.
Common land. Land preserved in accordance with this section
shall be either deeded to, and accepted by, the Town of Great Barrington
for park or open space use, conveyed to a nonprofit organization,
the principal purpose of which is the conservation of open space or,
in the case of dwelling units for sale, either as condominiums or
under cooperative ownership, conveyed to a corporation or trust owned
or to be owned by all property owners within the PURD. If such a corporation
or trust is utilized, ownership thereof shall pass with conveyances
of the property. In any case in which such land is not conveyed to
the Town, the applicant shall record in the Southern Berkshire Registry
of Deeds a restriction acceptable to the SPGA and the Town Counsel
and enforceable by the Town providing that such land shall be kept
in an open or natural state and not built upon for residential or
other use nor developed for such accessory uses as parking and/or
roadways. This restriction shall be provided before the special permit
is granted and shall be recorded with the special permit.
8.5.8.
Procedures; preliminary land development plan. Before applying
for a special permit hereunder, the applicant shall file with the
Planning Board a preliminary land development plan (PLDP) of the entire
tract drawn to a scale adequate to represent all features of the property.
Said PLDP shall show the following in sufficient detail to form a
clear basis for discussion of the project and for preparation of the
definitive land development plan (DLDP). Six copies and one electronic
copy of the PLDP shall be submitted by the applicant to the Planning
Board, which shall set a date and time at which it will review the
plan under its Subdivision Regulations. It shall, within five businesses
days of receipt of the PLDP, notify the applicant, the SPGA, the Conservation
Commission, the Board of Health and other Town departments as it deems
appropriate of the date and time of such meeting, and it shall transmit
copies of the plans to said boards and departments. The review session
shall be held not later than 35 business days after receipt of the
PLDP by the Planning Board. During the meeting, Town boards and departments
may suggest revisions and additions to be incorporated by the applicant
in the definitive land development plan. The PLDP shall include, at
a minimum:
1.
Lot layout and dimensions.
2.
Access road locations and widths.
3.
Open space locations, and dimensions, and area calculations.
4.
Location of major site features, such as existing stone walls, fences,
large trees and rock outcroppings; all existing and proposed structures
on the property; all existing and proposed driveways, walkways and
parking areas; all bordering streets and/or highways; contours of
elevation at intervals of no more than two feet; all existing and
proposed wells and septic systems; drainage patterns; and other physical
and topographical features of the property including but not limited
to streams, ponds and wetlands.
5.
An arrow indicating magnetic North.
8.5.9.
Procedures; definitive land development plan. A special permit
application shall be filed in accordance with the SPGA's regulations
and shall be accompanied by the definitive land development plan (DLDP).
The SPGA shall hold a public hearing in accordance with the provisions
of Section 10.4. The Planning Board shall also hold a public hearing
in accordance with its Subdivision Regulations to determine the appropriateness
of any roadways in the PURD and any requested waivers from the Subdivision
Regulations. The hearings may be held simultaneously, though there
shall be distinct findings and votes taken in accordance with the
governing laws, rules, and/or regulations. The Planning Board's endorsement
of such roadway plan shall be in accordance with all provisions of
its Subdivision Regulations. The DLDP shall contain, at a minimum,
the same information as the PLDP including any changes made thereto
and any other information requested by the Planning Board. The special
permit application shall:
1.
Be accompanied by two locus maps showing the location of the property. One shall be an enlarged section of a United States Geological Survey Map, and the other shall be a copy of the current Great Barrington Zoning Map, each indicating the location of the property by arrow or other suitable mark.
2.
Be signed by the owner or owners of the property in question or,
if the applicant is other than the owner of the property, shall be
signed by the applicant and shall be accompanied by a letter from
the owner authorizing the applicant to apply for the special permit.
Said application shall also be accompanied by all appropriate fees.
For the purposes of this section, an "applicant" shall be defined
as a person, corporation, partnership or other legal entity having
a legal or equitable interest in the property.
3.
Contain elevations and floorplans of the proposed dwellings.
8.5.10.
Decision. In addition to the criteria set forth in Section 10.4,
the SPGA shall consider the following:
1.
The proposed development shall be in harmony with the Master Plan
of the community, as adopted and amended by the Planning Board.
2.
Usable open space or common land shall be assured and maintained
in accordance with the procedures prescribed herein.
3.
The development plan shall contain specific time periods within which
development of each section of the PURD will be started. Failure to
start construction within those periods may be cause for issuance
of a stop-work order by the Inspector of Buildings.
8.6.1.
General. As a temporary dwelling, one trailer, recreational
vehicle, or mobile home may be permitted and used as a dwelling on
any standard lot for not more than 60 days in any twelve-month period.
A permit from the Building Inspector is required. The special permit
granting authority may, however, allow such use for a longer period
of time by special permit in hardship cases, provided that a time
limit of 12 months is imposed as part of the authorization.
8.7.1.
Purpose. The primary purposes for the open space residential
development (OSRD) bylaw are the following:
1.
To encourage the permanent preservation of open space, agricultural
land, forestry land, wildlife habitat, wetlands, steep slopes and
historical and archaeological resources;
2.
To enhance existing open space resources in the Town of Great Barrington
by addition of adjacent lands, linkage of trail systems or wildlife
habitat in a manner that is consistent with the Town of Great Barrington's
Open Space and Recreation Plan;
3.
To encourage development that consumes less open land and conforms
to existing topography and natural features better than conventional
subdivision design;
4.
To minimize the total amount of land disturbance on the site;
5.
To allow for greater flexibility and creativity in the design of
residential development;
6.
To facilitate the construction and maintenance of housing, streets,
utilities and public services in a more economical and efficient manner;
7.
To add to the visual amenities of the area for persons passing a
site of residential development or overlooking it from nearby;
8.
To encourage construction of diversified housing.
8.7.2.
Applicability. Only those parcels located in an R2 or R4 District
shall be eligible for an OSRD special permit. An OSRD may be allowed
on parcels five acres or greater. Any subdivision of a parcel of five
acres or greater in size which will create more than two additional
residential lots may be undertaken by special permit application to
the Planning Board for an OSRD.
1.
Parcels less than five acres require a separate finding. Any subdivision
of parcels less than five acres in size for residential purposes may
be undertaken by special permit as an OSRD subdivision under this
section if the Planning Board finds that the potentially smaller,
fragmented open space area(s) to be created and preserved in the proposed
design would provide a significant benefit to the public interest.
8.7.3.
Noncontiguous parcels. Parcels that are not contiguous shall
not be eligible for special permit application as a single OSRD development,
unless the Planning Board finds that the open space area(s) to be
preserved in the proposed design would provide a significant benefit
to the public interest.
8.7.4.
Permitted residential uses. Residential uses permitted in OSRD
developments shall be single- or two-family dwellings.
8.7.5.
Land division. To be eligible for an OSRD special permit, the
parcel(s) may be a subdivision or a division of land pursuant to MGL
c. 41, § 81P.
8.7.6.
Ownership. An OSRD may be owned under any form of ownership
legally permitted in the Commonwealth of Massachusetts.
8.7.7.
Preliminary discussion and determination of project density.
Applicants must submit plans and materials for review by the Planning
Board, prior to formal application for a special permit, to assist
the Planning Board in making a determination regarding the maximum
number of dwelling units to be permitted on the tract of land proposed
for OSRD. The following items shall be submitted: a base plan and
either a mathematical determination of yield or a yield plan.
8.7.8.
Base plan. The base plan should contain sufficient information
about ownership, property description, property access and natural
resources to indicate the development potential of the property, and
shall be prepared at an appropriate scale, based on the size of the
property, to convey the information accurately. The following information
should be provided on a base plan:
1.
Boundary survey of the property showing all easements;
2.
The names and locations of all streets providing access to and abutting
the property;
3.
Topographic information at 10 feet or three meter contour lines,
including delineation of slopes of 25% or greater;
4.
The zoning district(s) the property is located in, including all
overlay districts;
5.
The location of areas of protected open space on the subject property
or abutting the property, including, but not limited to, land under
a conservation restriction, agricultural preservation restriction
or classified for taxation purposes under Chapter 61, Chapter 61A,
or Chapter 61B of the General Laws;
6.
The location of wetlands and vernal pools;
7.
The location of lakes, streams, riverfront areas and other resources
under the jurisdiction of the Wetlands Protection Act;
8.
The location of land in agricultural use;
9.
The location of land containing prime agricultural soil and soil
of state and local importance, as defined in the Berkshire County,
Massachusetts, Soils Rating Guide July 2002, or subsequent version,
available from the Natural Resources Conservation Service;
10.
Floodplain or floodway areas;
11.
Sewage disposal capacity: either the location of municipal sewer
mains; or evidence, as approved by the Board of Health, that the property
has the capacity for on-site septic disposal as demonstrated by a
representative sample of deep hole test pits and percolation test
results along with evidence that the representative samples have been
taken in locations that are consistent with the geology of the property;
12.
The location of estimated, priority and core habitats as established
by the Natural Heritage and Endangered Species Program of the Massachusetts
Division of Fisheries and Wildlife;
13.
North arrow and a graphic scale;
14.
Areas believed to be developable;
15.
Summary table indicating the total area of developable land.
For the purposes of this section, developable land shall not include
wetlands as defined in the Wetlands Protection Act (Chapter 131, Section
40 of Massachusetts General Laws), vernal pools, slopes of 25% or
greater and areas subject to existing valid open space restrictions.
8.7.9.
Other material. Applicants may provide other information about the development suitability of the property, opportunities for alternative designs and how the project might accomplish the intent and purposes specified herein. Form B-1, Inventory of Constraints and Opportunities, as found in the Appendix of the Planning Board's Subdivision Regulations, Chapter 240, may be used to guide the discussion and to enhance understanding of the site.
8.7.10.
Determination of yield. Working with the Planning Board, applicants
have two options to determine the maximum number of dwelling units
to be permitted on a parcel(s) of land: a mathematical determination
of yield; or a yield plan.
1.
Mathematical determination of yield. The mathematical determination
of yield is intended to be a simplified method to determine the maximum
number of dwelling units allowed on the parcel(s). The mathematical
determination of yield is calculated as follows:
Step 1: Determine presumed area of developable land. Based on
the material shown on and submitted with the base plan, the applicant
shall work with the Planning Board to determine the presumed area
of developable land.
Step 2: Calculate presumed amount of developable land. The mathematical
determination of yield assumes 30% of the developable land area is
needed for infrastructure improvements. For the purposes of the mathematical
determination of yield, the presumed area of developable land determined
in Step 1 is multiplied by 70% to indicate the total amount of developable
land.
Example: On a 100-acre parcel, 60 acres are determined, after
working with the Planning Board, to be the presumed area of developable
land. The presumed amount of developable land is 42 acres (60 x 0.7).
Step 3: Calculate the maximum number of allowable lots. The
maximum number of allowable lots is determined by taking the presumed
amount of developable land and dividing it by the minimum lot area
requirement in the zoning district as shown in Section 4.0, Schedule
of Dimensional Requirements.
Example: From the example above, the amount of developable land
is 42 acres. The minimum lot size in the R4 District is two acres.
Therefore, the maximum number of allowable lots is 21 (42 ÷2.0).
2.
Yield plan. A yield plan is intended to indicate the number of lots
the applicant believes would be attainable if the parcel(s) were developed
as a conventional subdivision consistent with Great Barrington's Subdivision
Rules and Regulations. In addition to the information shown on the
base plan, the yield plan should show, using an appropriate scale,
the locations of all streets and easements within the proposed development
and the proposed layout of lots indicating the lot size, frontage
and setbacks for all lots shown. The yield plan should contain sufficient
information to indicate the plan could comply with the Great Barrington
Subdivision Rules and Regulations. This number of lots will be subject
to validation once the applicant has obtained the applicable development
permits and submitted suitable engineering studies necessary to substantiate
the developable area of land.
8.7.11.
Determination of final project density. Based on the mathematical
determination of yield or yield plan submitted to the Planning Board,
the Planning Board shall determine the maximum number of lots that
could be achieved on the parcel(s), and shall notify the applicant
in writing of its decision within 30 days of such submission.
1.
The maximum number of lots shall be used in conjunction with the
proposed amount of protected open space to determine the final project
density. The greater the area proposed for protected open space, the
greater the allowed increase in final project density.
2.
The minimum area of the protected open space must be 50% of the area
of developable land. When the 50% minimum area of the developable
land is dedicated to protected open space, the permitted density allowed
under the OSRD special permit may not exceed 125% of the number of
lots determined by the mathematical determination of yield or yield
plan.
3.
At this point, the maximum number of lots becomes the maximum number
of dwelling units permitted, whether or not they are constructed as
one- or two-family dwellings.
Example: Using the above example, the maximum number of allowable
lots, as determined by the mathematical determination of yield, is
21. With a dedication of 50% of the developable land area as protected
open space the applicant could construct 26 dwelling units (21 x 1.25
= 26.25 [ignore fractions] = 26).
4.
For every 1% above 50% of the total area of developable land dedicated
to protected open space, the permitted maximum density allowed under
the OSRD special permit may, at the sole discretion of the Planning
Board, be increased 2% to a maximum density bonus of 50%.
Example: Using the example developed previously, if instead
of the minimum 50% of the area of developable land dedicated to protected
open space that percentage is increased to 62.5% then the applicant
could construct 31 dwelling units (21 x 1.5 = 31.5 [ignore fractions]
= 31).
8.7.12.
Design criteria and considerations.
1.
Protected open space requirements. Consistent with the purposes of
this bylaw, the Planning Board must be satisfied, in its sole discretion,
that the characteristics of the open space offered for preservation
ensure an appropriate benefit to the public interest in exchange for
the bonus provisions of OSRD design.
2.
Site context. Consistent with the purposes of this bylaw, the Planning
Board must be satisfied, in its sole discretion, that the proposed
development is consistent with the context of the neighboring property,
considering such items as physical, transportation and cultural connections
to surrounding land uses and activities.
3.
Grouping of structures. There shall be grouping of principal structures
and their associated accessory structures. This grouping must be based
upon some common unifying and recognizable organizing principle, such
as a courtyard, driveway, view orientation or parking area that defines
the inter-relationship of the structures.
4.
Protected open space requirement. A minimum of 50% of the developable
land area shall be protected open space.
Example: On a parcel with 100 acres of developable land, a minimum
of 50 acres must be left as protected open space.
5.
Contiguity of protected open space. Protected open space shall be
contiguous to the maximum extent practicable, i.e., connected to other
open space within or adjacent to the proposed OSRD development. The
Planning Board may waive this requirement for all or part of the required
protected open space where it finds, in its sole discretion, that
allowing noncontiguous open space will promote the goals of this bylaw.
6.
Areas used for rights-of-way, buildings, courtyards, parking, pools,
tennis courts or other uses that create impervious surfaces or other
intensive uses shall not be counted towards the total open space acreage
required to be preserved, even though they may be held in common ownership
by a single entity such as a homeowners' association and restricted
from further development.
7.
Pedestrian and bicycle circulation. Trails and bicycle paths may
be provided to link residences with recreation facilities (including
parkland and open space) and adjacent land uses where appropriate.
Open space dedicated to these uses may be counted towards the total
protected open space acreage requirement.
8.
Setbacks and protected open space. Required setbacks may, at the
Planning Board's discretion, be counted towards the required protected
open space provided that counting the setback as open space furthers
the purposes of this bylaw.
9.
Areas devoted to wastewater disposal, stormwater management systems
and wellhead protection serving the OSRD may be counted towards the
total open space acreage required to be preserved. The area (to top
of berm) of stormwater management devices, such as retention and detention
ponds, may be counted towards the total open space acreage required
to be preserved.
8.7.13.
Ownership of protected open space. The protected open space
shall be conveyed to:
1.
The Town or its Conservation Commission and/or Parks Commission;
or
2.
A nonprofit organization, the principal purpose of which is the conservation
of open space for the purposes set forth by the applicant; or
3.
The homeowners' association. Maintenance of open space owned by a
homeowners' association shall be permanently guaranteed by an arrangement
providing for mandatory assessments for maintenance expenses to each
ownership interest. Each such association shall be deemed to have
assented to allow the Town to perform maintenance of such open space
and associated facilities, if the association fails to provide adequate
maintenance, and shall grant the Town an easement for this purpose.
Before the Town performs such maintenance, the Town shall first provide
14 days' written notice to the association as to the inadequate maintenance,
and, if the association fails to complete such maintenance, the Town
may perform it at the association's expense. Each individual deed
and the trust or articles of incorporation shall include language
designed to effect these provisions. Documents creating such corporation,
trust or association shall be submitted to the Planning Board for
approval, and shall thereafter be recorded with the Registry of Deeds.
8.7.14.
Open space use restriction. Any proposed protected 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, wildlife
management, educational or nonmotorized recreational purposes, and
that it shall be maintained in a manner which will ensure its suitability
for its intended purposes.
8.7.15.
Encumbrances. All areas to be set aside as protected open space
shall be conveyed free of any mortgage interest, security interest,
liens or other encumbrances.
8.7.16.
Monumentation. Where the boundaries of the protected open space
are not readily observable in the field, the Planning Board may require
placement of surveyed bounds sufficient to identify the location of
the open space being preserved.
8.7.17.
Dimensional requirements.
1.
Minimum lot area. There shall be no minimum lot area for lots within
an OSRD development.
2.
Setbacks from original parcel(s) boundary. A buffer area of 100 feet
shall be provided at the perimeter of the parcel(s), except for driveways
necessary for access and egress to and from the site. No vegetation
in this buffer area shall be disturbed, destroyed or removed, except
for normal maintenance or to meet screening requirements. This requirement
may be reduced, at the discretion of the Planning Board, to no less
than 50 feet: where the land abutting the site is the subject of a
permanent restriction for conservation or recreation; or where the
land abutting the site is held by the Town for conservation or recreation
purposes; or it is determined, by the Planning Board, that a smaller
buffer will suffice to accomplish the purposes specified herein.
3.
Minimum frontage. There shall be no minimum frontage for lots within
an OSRD development.
4.
Minimum side and rear yard. Except for the required setback from
the original parcel(s) boundary, there shall be no minimum side and
rear yard setbacks.
5.
Minimum front yard. Every structure fronting on proposed new roads
within the OSRD shall be set back a minimum of 20 feet from the traveled
way. The minimum front yard setback from existing road rights-of-way
shall be as required in the applicable zoning district.
6.
No structure may be built in the road right-of-way.
7.
Maximum lot coverage: There shall be no maximum lot coverage in an
OSRD development.
8.
Height of building. The maximum height for buildings within an OSRD
development shall conform to the requirements of the zoning district.
8.7.18.
OSRD application for special permit and preliminary plan review and approval. The special permit granting authority (SPGA) may grant an OSRD special permit and concurrently approve a preliminary subdivision plan under the procedures outlined in MGL c. 41, §§ 81S and 81T and Chapter 240 of the Town Code (the Planning Board's Rules and Regulations Governing the Subdivision of Land). The Planning Board may, at its sole discretion, require studies to be prepared, at the applicant's expense, to make findings regarding access, water supply, sewage disposal, water quality, stormwater management, erosion control, rare and endangered species, and historic and archaeological sites, among other possible studies. The Planning Board's consultant(s) may be retained at the applicant's expense in accordance with MGL c. 44, § 53G. OSRD application for special permit and preliminary plan review and approval requires the applicant to submit the following materials prior to scheduling the OSRD special permit hearing:
8.7.19.
OSRD development plan and definitive plan review and approval. The final OSRD development plan may be approved by the Planning Board in the same manner as a definitive plan submitted for a conventional subdivision in accordance with MGL c. 41, § 81U and under Chapter 240 of Town Code (the Planning Board's Rules and Regulations Governing the Subdivision of Land).
8.7.20.
Findings. The application for OSRD may be approved, approved
with conditions, or denied after the Planning Board determines whether
the OSRD better promotes the purposes of this section than would a
standard subdivision development, as defined by the Planning Board's
Rules and Regulations Governing the Subdivision of Land. The Planning
Board's findings, including the basis of such findings, shall be stated
in the written decision of approval, conditional approval or denial
of the application for special permit. The Planning Board shall impose
conditions in its decision necessary to ensure compliance with this
section.
8.7.21.
Conditions. Subdivision approval shall be conditioned to provide
that no further division of land which increases the number of lots
may occur without prior written approval from the Planning Board.
Subdivision approval shall also be conditioned to provide that no
alteration of protected open space may occur without prior written
approval from the Planning Board.
8.7.22.
Minor modifications. Alteration of lot lines or layout of ways
or grading shall require approval of the Planning Board, which may
be granted without a formal special permit application, and shall
comply with the requirements of this OSRD bylaw and the Rules and
Regulations Governing the Subdivision of Land.
8.8.1.
General. A residential facility occupied primarily by persons
55 years of age and older including their spouses or surviving spouses,
and including rooms occupied by resident staff personnel. An assisted
living residence, as defined in this bylaw, can include the full range
of nursing care from total to only partial assistance. Such assisted
elderly housing facility providing shared food preparation services
but also allowing limited residential unit food preparation areas
and providing common recreational, laundry, social, medical and service
facilities for the exclusive use of residents of the assisted elderly
housing.
8.8.2.
Special permit. Assisted living residences may be allowed by
special permit from the Planning Board, or in the case of a PURD as
set forth in Section 8.5 from the Selectboard, if the following conditions
are met:
1.
The scale of the proposal does not detract from the residential character
of the neighborhood.
2.
The architecture of buildings is residential in character, particularly
providing gabled roofs, predominately wood siding, an articulated
footprint and varied facade. Alternate architectural styles or materials
can be considered if appropriate to the site and not out of character
with the neighborhood.
3.
Public or private roads which lead to the property are of adequate
design, width, and condition to handle proposed traffic.
4.
Proposed traffic will not severely change the residential character
of the neighborhood.
5.
The Board of Health confirms that the assisted living residence can
be accommodated with respect to onsite water, onsite septic disposal
and any other standards of the Board of Health. In the case of public
water or public sewer, the water district or Town sewer department,
respectively, must certify in writing that the assisted living residence
can be accommodated.
6.
Parking areas are screened from adjacent streets and properties,
and have additional landscaped areas within the parking area to reduce
the impact of large paved areas.
8.8.3.
Signs. Signs shall be limited to one identification sign no
more than six square feet in area except for traffic/parking/pedestrian
regulation signs as required by the Planning Board. A second identification
sign may be allowed if the Planning Board determines it is needed.
8.8.4.
Lighting. All lighting units shall be located no higher than
14 feet, with lights shielded to direct light downward. Lighting shall
not cause glare onto abutting properties.
8.8.5.
Density. The maximum number of residential units or beds allowed
on a site shall be determined by the Planning Board based on such
factors as but not limited to, impact on the neighborhood, affordability
for residents, quality of life, and provision for adequate open space,
recreational facilities, parking, landscaping, and buffers.
8.8.6.
Parking. Off-street parking requirements apply except that if
the site plan submitted to the Planning Board meets off-street parking
plan submittal requirements, the site plan approved in the special
permit process shall be the approved off-street parking plan. Parking
spaces shall be provided at the rate of one per unit and one for each
employee on the largest shift.
8.8.7.
Conditions. The Planning Board may impose additional restrictions
or conditions to maintain the residential character of the neighborhood.
8.9.1.
Special permit. The special permit granting authority (SPGA)
may grant a special permit for publicly financed nonprofit age-restricted
housing and/or for physically handicapped residents, constructed with
financing through Federal Housing and Urban Development (HUD) assistance
and/or as authorized under the provisions of MGL Chapter 121, §§ 26SS
through VV, inclusive, as well as any other applicable sections of
the General Laws, all as most recently amended. Said special permit
may allow such housing in the zoning districts specified for such
use in the Table of Use Regulations.
8.9.2.
Conditions.
1.
There shall be no more than 60 dwelling units in the project. All
units may be in one building.
2.
The project shall be served by Town water and Town sewer.
3.
There shall be a minimum of 1,700 square feet of lot area per dwelling
unit.
4.
In no case shall there be a total lot area of less than 1.5 acres.
5.
The lot shall have frontage of not less than 150 feet on a public
way.
6.
No building shall have a front yard less than 50 feet from any public
way, and all buildings shall have minimum rear and side yards as regulated
in Section 4.0.
7.
There shall be a distance of not less than 40 feet between buildings.
8.
All driveways shall be constructed to a standard at least equal to
the standards set forth in the Planning Board's Subdivision Regulations,
and all public utilities shall be installed in accordance with said
Subdivision Regulations.
9.
No structure shall exceed 2 1/2 stories or 35 feet in height,
except as otherwise provided herein.
10.
Within the development, vehicular and pedestrian circulation
facilities shall be provided for safe and convenient use in accordance
with conventional and accepted site-planning standards and to the
satisfaction of the Planning Board.
11.
Front yards and all open areas shall be suitably landscaped
and maintained with grass, trees, flowers, shrubs and/or walks. Such
landscaping shall be specified in detail on the site plan and shall
be made a condition of the special permit.
12.
The proposed development shall be so located with respect to
major thoroughfares and uses outside the development as not to create
traffic hazards or congestion. Before issuance of a special permit
by the SPGA, the Chief of Police and the Highway Superintendent shall
give their written approval of said location.
13.
When filing an application with the SPGA, the applicant shall
submit at least six copies of a site plan showing, in addition to
all information required by Section 10.4, the general plan and elevations
of the buildings, as well as provisions for proposed parking spaces,
interior roadways, walkways, drainage and recreational facilities.
14.
Such site plan, subject to such amendment thereof as may be
required by the Planning Board under the provisions of this bylaw,
shall be made a part of the building permit.
15.
All repairs, renovations or construction specified by the applicant
in his application shall be completed to the satisfaction of the Inspector
of Buildings before an occupancy permit is issued.
16.
There shall be separate toilet, bath and kitchen facilities
for each dwelling unit.
17.
Fire escapes and outside stairways leading to a second or higher
story shall, where practicable, be located on the rear of each building,
shall not be located on any building wall facing a street and shall
comply with Section 4.2.3.
18.
Drainage controls as deemed necessary by the SPGA shall be specifically
described as an added condition of the special permit.
19.
The minimum off-street parking requirements shall be one space
for each dwelling unit.
20.
No straight wall shall be longer than 100 feet. There shall
be an offset of at least 10 feet between straight walls.
8.10.2.
Special permit required. Nursing homes in Residential zoning
districts that were existing as of January 1, 2020, may be converted
to a multifamily development by special permit from the Planning Board
only if the Planning Board, after a public hearing, finds the following
conditions are met:
1.
The scale of the proposal, whether in existing and/or in additions
or new structures, is not more detrimental to the residential neighborhood
than the existing or previous nursing home use.
2.
Public or private roads and driveways which lead to the property
are of adequate design, width, and condition to handle proposed traffic.
3.
Proposed traffic will not severely change the residential character
of the neighborhood.
4.
The development is or shall be served by sidewalks, bike lanes, and/or
transit to the extent practicable.
5.
The Board of Health confirms that the new proposed use can be accommodated
with respect to onsite water, onsite septic disposal and any other
standards of the Board of Health. In the case of public water or public
sewer, the water district or Town sewer department, respectively,
must certify in writing that the new proposed use can be accommodated.
6.
Parking areas are screened from adjacent streets and properties,
and have additional landscaped areas within the parking area to reduce
the impact of large paved areas.
8.10.3.
Signs. Signs shall be limited to one identification sign no
more than nine square feet in area except for traffic/parking/pedestrian
regulation signs as required by the Planning Board. A deviation from
this requirement may be authorized during the special permit process
if the SPGA determines additional signs are not detrimental to the
neighborhood.
8.10.4.
Lighting. All lighting units shall be located no higher than
14 feet, with lights shielded to direct light downward. Lighting shall
not cause glare onto abutting properties.
8.10.5.
Density. The maximum number of residential units allowed on
a site shall be determined by the Planning Board based on such factors
as but not limited to, impact on the neighborhood, provision for adequate
onsite amenities such as open space, recreational facilities, parking,
landscaping, and buffers to surrounding residential areas.
8.10.6.
Parking and loading. Parking spaces for such uses shall be provided
at the rate of at least one space per dwelling unit. There shall be
at least one loading space. Deviation from these requirements may
be granted by the SPGA.
8.10.7.
Conditions. The Planning Board may impose additional restrictions
or conditions to maintain the residential character of the neighborhood.
8.10.8.
Site plan review. Proposals shall also be subject to Planning
Board Site Plan Review as set forth in Section 10.5.
