[Amended 11-13-1990 STM by Art. 13, AG approval
3-19-1991; 5-5-1992 ATM by Arts. 37 and 51, AG approval 8-3-1992;
4-12-1994 ATM by Art. 53, AG approval 4-29-1994; 4-8-1996 ATM by Arts.
34, 35, and 36, AG approval 7-15-1996; 4-12-1999 ATM by Art. 33, AG
approval 8-10-1999; 4-10-2000 ATM by Arts. 27 and 44, AG approval
8-2-2000; 1-8-2001 STM by Art. 5, AG approval 4-10-2001; 4-9-2001
ATM by Arts. 36, 37 and 38, AG approval 8-2-2001; 4-15-2003 ATM by
Arts. 30, 31 and 49, AG approval 8-27-2003; 4-4-2006 ATM by Art. 45,
AG approval 8-2-2006; 4-11-2007 ATM by Art. 39, AG approval 6-28-2007;
4-8-2008 ATM by Art. 64, AG approval 8-18-2008; 4-6-2009 ATM by Art.
27, AG approval 8-10-2009]
B. Prohibited uses in all districts. Notwithstanding any other provisions
of this chapter, the following uses shall be prohibited in all districts:
(1) More than two dwellings or dwelling units per lot except as otherwise
allowed in this chapter.
(2) Use of a trailer or a building-like container for residential purposes
or as a principal or accessory building or structure except for "tiny
house units" or as necessary for storage of chemicals and/or equipment
by the Nantucket Fire Department.
[Amended 4-2-2016 ATM
by Art. 52, AG approval 7-12-2016]
(3) Use of a trailer or building-like containers as a temporary office
or for construction materials storage (permitted only when incidental
and accessory to construction actively underway on the same lot) longer
than 12 months total.
(4) Any building or structure or any use of any building, structure or
premises which is injurious, obnoxious, offensive, dangerous or a
nuisance to the community or to the neighborhood through noise vibration,
concussion, odors, fumes, smoke, gases, dust, harmful fluids or substances,
danger of fire or explosion or other objectionable feature detrimental
to the community or neighborhood health, safety, convenience, morals
or welfare.
(5) Not more than one motor vehicle which is and for the immediately
preceding thirty-day period has been unregistered disabled, dismantled
or inoperative shall be stored on any lot unless such vehicle is enclosed
within a building.
[Amended 4-2-2016 ATM
by Art. 59, AG approval 7-12-2016]
(6) The taking off or landing of airplanes, helicopters and any other
kind of aircraft as a principal or accessory use shall be prohibited.
Landings shall be exempt from this prohibition at the Nantucket Memorial
Airport, at the designated landing area at the Nantucket Cottage Hospital,
in cases of emergency, or as directed by federal, state or local government
officials or their authorized agents in the exercise of governmental
responsibilities.
[Added 4-1-2017 ATM by
Art. 71, AG approval 7-25-2017]
(7) Medical marijuana treatment centers and recreational marijuana establishments
shall be prohibited as an accessory use in all zoning districts.
[Added 11-6-2017 STM
by Art. 2, AG approval 2-26-2018]
[Amended 11-13-1990 STM by Art. 19, AG approval 3-19-1991; 4-12-1994 ATM by Art. 48, AG approval 4-29-1994; 4-10-1995 ATM by Arts.
42 and 43, AG approval 5-22-1995; 4-9-2001 ATM by Art. 36, AG approval 8-2-2001; 4-15-2003 ATM by Art. 28, AG approval 8-27-2003; 4-12-2004 ATM by Arts. 35 and 36, AG approval 9-3-2004; 4-8-2008 ATM by Arts.
58, 59 and 64, AG approval 8-18-2008; 4-6-2009 ATM by Art. 27, AG approval 8-10-2009; 4-6-2011 ATM by Arts. 63 and 64, AG approval 9-15-2011; 3-31-2012 ATM by Art. 54, AG approval 7-12-2012]
A. Flex development and open space residential development options shall
become effective on January 1, 2013, and may be allowed as an alternative
to a conventional subdivision. Flex development may be allowed in
the Town Overlay District (TOD) through the issuance of a special
permit by the Planning Board. Open space residential development is
allowed by-right in the Country Overlay District (COD). The primary
purposes of these development options are as follows:
(a)
|
To allow for greater flexibility and creativity in the design
of residential developments.
|
(b)
|
To encourage a more efficient form of development that consumes
less open land.
|
(c)
|
To reduce infrastructure and site disturbance through the creation
of compact development.
|
(d)
|
To encourage the permanent preservation of open space.
|
(1) Requirements.
(a)
The following requirements shall apply to flex development and
open space residential development:
[1]
All plans shall conform to the requirements of MGL c. 41, §§ 81K
through 81GG and the "Rules and Regulations Governing the Subdivision
of Land," as may be amended by the Planning Board from time to time.
[2]
Building lots shall not be subject to the regularity formula in §
139-16D.
[3]
Building lots shall be restricted from any further lot division
that results in additional building lots.
[4]
To ensure that all common open space and common facilities within
the development will be properly maintained, a homeowners' association
shall be established in the form of a corporation, nonprofit organization,
or trust. The homeowners' association legal documents shall be subject
to approval by the Planning Board and shall be filed at the Nantucket
County Registry of Deeds or the Registry District of the Land Court.
[5]
The maximum number of building lots, excluding any bonuses,
shall not exceed the number which may otherwise have been created
on a conventional subdivision plan meeting all dimensional and upland
requirements of the Zoning Bylaw and in full conformance with (and
requiring no waivers from) the "Rules and Regulations Governing the
Subdivision of Land," as may be amended by the Planning Board from
time to time, as demonstrated by the submission of a dimensioned lotting
plan.
(b)
Preservation of open space shall be required, with the amount based on the total tract size pursuant to Subsections
A(3) and
(4) below.
[1]
A restriction defining the protection of the open space shall
be enforceable by the Town or County of Nantucket and recorded at
the Nantucket County Registry of Deeds or the Registry District of
the Land Court. In addition, open space shall be:
[a] Owned by the Town of County of Nantucket; or
[b] Owned by the Nantucket Islands Land Bank; or
[c] Conveyed to an established nonprofit organization,
a principal purpose of which is the conservation of open land; or
[d] Subject to a permanent conservation restriction,
as provided in MGL c. 184, §§ 31 through 33, and owned
in common by a corporation or trust composed of the owners of lots
within the development. A letter of intent to hold the conservation
restriction from the prospective holder shall be required before a
final plan is endorsed.
[Amended 4-3-2018 ATM
by Art. 49; AG approval 7-18-2018]
[2]
Open space areas included in the minimum calculation required in Subsection
A(3) and
(4) shall be restricted to one or more of the following uses, subject to approval of the Planning Board, in accordance with MGL c. 184, §§ 31 and 32:
[Amended 4-3-2018 ATM
by Art. 49; AG approval 7-18-2018]
[a] Preservation of important natural features on a
lot.
[b] Passive recreation, including, but not limited
to, nature study, boating, fishing, hunting, picnicking, and horseback
riding.
[d] Bicycle paths and walking trails.
[f] Structures accessory to the use of the open space
which may include, but are not limited to: boathouses, duck walks,
landings, agricultural outbuildings, outbuildings associated with
passive recreational use, and gazebos. The following accessory structures
are allowed, but their ground cover is prohibited from inclusion in
the minimum open space requirement: residential swimming pool(s) and/or
hot tub(s)/spa(s) and their associated decks and/or patios, outbuildings
which are cabanas, clubhouses, fitness studios, and/or offices, and
game courts.
[g] Water features (excluding residential swimming
pools) consistent with the purposes described above.
[h] Individual underground septic systems or wells
that provide service to the lots within the development.
[3]
Subject to Subsections
A(3) and
(4),
a maximum of 50% of the required open space may be located on noncontiguous parcels of land in common ownership with the tract to be developed. The Planning Board shall determine the development potential of the noncontiguous parcel(s) and consider the open space value subject to the following criteria:
[a] Preservation of scenic views or vistas.
[b] Common border to existing open space.
[c] Existence of a fragile ecological environment.
[e] Importance to the community for recreation, water
supply, cultural or historic municipal use.
[f] Importance to the community as determined by the
Planning Board.
(2) Bonus lots.
(a)
Flex developments and open space residential developments shall be entitled to bonus lots, subject to the requirements below. Bonus lots shall be based on the number of building lots which could have been created through a conventional subdivision plan, as set forth in §
139-8A(1)(a)[5]. For all density calculations that result in a fractional number, only fractions equal to or greater than 0.51 should be rounded to the next highest whole number.
[1]
A 10% increase in the number of building lots that could have
been created through the submission of a conventional subdivision
plan.
[2]
A 10% increase if the open space remains open to the public
through a permanent access easement or conveyance to the Town or County
of Nantucket or the Nantucket Islands Land Bank.
[3]
A 1% increase for each 10% of the cluster lots restricted to
a single dwelling unit, provided that the restricted lots would otherwise
be permitted a second dwelling pursuant to Board of Health regulations.
[4]
The total increase in building lots shall not exceed 30% of
the number of building lots which could have been created through
a conventional subdivision plan.
(3) Flex development.
(a)
Flex development may be allowed in the Town Overlay District
(TOD) through the issuance of a special permit subject to the following:
[1]
The Planning Board shall be the sole special permit granting
authority for relief pursuant to any provision of this chapter.
[2]
Planning Board approval of a special permit shall not substitute
for approval of a definitive subdivision or approval not required
(ANR) plan.
[3]
Flex Development shall be permitted in the R-40, R-20, R-10,
R-5, and ROH Districts only and shall conform to the following dimensional
requirements:
|
R-40
|
R-20
|
R-10
|
R-5
|
ROH
|
---|
Minimum tract area (acres)
|
5
|
3
|
2
|
1
|
1
|
Open land required (total tract)
|
70%
|
50%
|
40%
|
30%
|
25%
|
Minimum lot size (square feet)
|
10,000
|
7,500
|
4,000
|
3,000
|
3,000
|
Maximum lot ground cover ratio
|
35%
|
30%
|
50%
|
60%
|
65%
|
Minimum frontage
|
20
|
20
|
20
|
0
|
0
|
Front setback
|
5
|
5
|
5
|
5
|
0
|
Side/Rear setback
|
5
|
5
|
5
|
5
|
0
|
[4]
The Planning Board may reduce, by up to 100%, the setbacks,
provided that the Planning Board finds that such a change will not
have an adverse impact on the neighborhood and that it will promote
the purposes and intent of this section.
[5]
The Planning Board may reduce, by up to 100%, the required frontage,
provided that the lot has sufficient access through an easement.
[6]
The Planning Board may waive the required minimum tract area,
provided that the Planning Board finds that the proposed flex development
is more in keeping with the surrounding area, promotes a more efficient
use of land, and that it will promote the purposes and intent of this
section.
[7]
Noncontiguous open space parcels, subject to Subsection
A(1)(b)[3], may be located in the Town Overlay District (TOD) or the Country Overlay District (COD).
(b)
The following development and design criteria will be considered
by the Planning Board during its review of an application for flex
development:
[1]
Landscaping features utilizing natural or man-made materials
are encouraged and may include effective screening, planting of street
trees, and preservation of existing mature vegetation.
[2]
Sidewalks and walking paths which encourage pedestrian activity
are encouraged, including connections to adjacent neighborhoods and
bordering open spaces.
[3]
Vehicular access should be consolidated in a small number of
widely spaced access points where practicable.
[4]
Common driveways and shared parking areas are encouraged.
(c)
The following performance criteria shall be reviewed by the
Planning Board. Mitigation measures proposed by the developer shall
be considered:
[1]
Traffic flow and safety in the proposed development, the neighborhood,
and adjacent public and private ways will not be significantly impacted
in comparison with other development options;
[2]
Quality of site design, building design (if applicable), and
landscaping enhances the area in comparison with other development
options;
[3]
The provision of open land and any associated landscaping is
appropriate for the scale and location of the development as determined
by the Planning Board;
[4]
That utilities and services, such as water and sewer, are adequate
for the proposed development.
(4) Open space development.
(a)
Open space development shall be allowed by-right within the
Country Overlay District (COD), subject to the following:
[1]
For parcels of land within an open space development, the Planning
Board shall be the sole special permit granting authority for relief
pursuant to any provision of this chapter.
[2]
Open space development shall be permitted in the LUG-1, LUG-2,
LUG-3, and VR Districts only and shall conform to the following dimensional
requirements:
|
LUG-3
|
LUG-2
|
LUG-1
|
VR
|
---|
Minimum tract area (acres)
|
10
|
10
|
5
|
3
|
Open land required (total tract)
|
80%
|
75%
|
65%
|
60%
|
Minimum lot size (square feet)
|
10,000
|
10,000
|
10,000
|
10,000
|
Maximum lot ground cover ratio
|
20%
|
20%
|
20%
|
20%
|
Minimum frontage
|
20
|
20
|
20
|
20
|
Front setback
|
15
|
15
|
15
|
15
|
Side/Rear setback
|
10
|
10
|
10
|
10
|
[3]
The Planning Board may issue a special permit to reduce, by
up to 100%, the setbacks, provided that the Planning Board finds that
such a change will not have an adverse impact on the neighborhood
and that it will promote the purposes and intent of this section.
[4]
Noncontiguous open space parcels, subject to Subsection
A(1)(b)[3], may be located in the Country Overlay District (COD) only.
[5]
In any LUG Zone, a minimum buffer of 50 feet of permanently
restricted and undisturbed open space (excluding walking paths and
fire access easements) shall be required between the proposed lot
line of any open space residential development lot and the outside
boundary of the subdivision tract. The Planning Board, through the
issuance of a special permit, may reduce or waive this requirement
if it finds that:
(b)
Such reduction or waiver is necessitated by the shape or topography
of the tract of land; or
(c)
Natural resources will be better protected by an alternative
location; or
(d)
Equivalent protection against inconsistency with the existing
pattern of development has been provided.
B. Nantucket Housing Needs Program.
(1) Purpose. To create, make available and maintain housing that is affordable
to people who earn less than 150% of the Nantucket County median household
income; to maintain Nantucket's diversity and unique sense of community;
to encourage moderate-income families to continue to reside on Nantucket;
and to generate a supply of housing that will remain affordable.
(2) Definitions. The following definitions only apply to this §
139-8C:
MAXIMUM RENTAL PRICE
Shall be no more than the fair market rent established for
Nantucket County as published by the U.S. Department of Housing and
Urban Development in Federal Register, Vol. 65 No. 185 (September
25, 2000) and as may hereafter be amended from time to time.
MAXIMUM RESALE PRICE
The greater of the maximum sales price or price the current
Nantucket Housing Needs Covenant unit owner paid for the Nantucket
Housing Needs Covenant unit.
MAXIMUM SALES PRICE
Shall be calculated by assuming a ten-percent down payment
and an annual debt service (at prevailing thirty-year fixed interest
rates) that is equal to 30% of the gross annual income of a household
earning up to 125% of median income.
MEDIAN INCOME
Median family income for Nantucket County as published from
time to time by the U.S. Department of Housing and Urban Development.
NANTUCKET HOUSING NEEDS COVENANT
A covenant placed on housing, which property owners choose
to execute and which shall be enforceable by the NHA, to be recorded
in the Registry of Deeds or the Land Court Registry District.
PRINCIPAL RESIDENCE
The locality where a person resides with the present intent
to make it the person's fixed and permanent home. The person's physical
presence alone will not establish a principal residence. In ascertaining
one's intent, the Housing Authority shall consider, among other things,
the person's employment status, voter registration, driver's license,
motor vehicle registration, real property ownership, income tax returns,
or the filing with the Housing Authority of a written declaration
to establish or maintain a principal residence.
QUALIFIED FAMILY MEMBER
The owner of the lot at the time the lot was subdivided into
secondary lots and the owner's spouse, and their parents, grandparents,
children, brothers and sisters, or as otherwise defined within the
Nantucket Housing Needs Program regulations or guidelines.
[Added 4-2-2016 ATM by
Art. 55, AG approval 7-12-2016; amended 6-5-2021 ATM by Art. 47, AG approval 10-7-2021]
(3) General requirements.
(a)
Housing subject to the Nantucket Housing Needs Covenant shall
be:
[1]
Occupied by a qualified renter or qualified purchaser household.
[2]
The principal residence of the qualified renter or qualified
purchaser household.
[3]
Enforceable for the greater of 99 years or the maximum time
period allowable by law.
[4]
The price of the unit shall not exceed the maximum sales price,
or, in the case of resale, the maximum resale price.
[5]
The unit rent shall not exceed the maximum rental price.
[6]
The owner of a unit being rented shall provide the Housing Authority
with an annual certification of compliance with the terms of the covenant.
(4) Monitoring and administration.
(a)
The Housing Authority shall monitor and administer the Nantucket
Housing Needs Program and may promulgate rules and regulations to
implement it. Prior to promulgating such rules and regulations and
prior to completing a model Nantucket Housing Needs Covenant, the
Housing Authority shall hold a public hearing or hearings to solicit
advice from the public. The Housing Authority shall publish notice
of these hearings prominently in a newspaper of general circulation
on Nantucket for two successive weeks.
(b)
All legal documentation shall be submitted to the Housing Authority
for review and approval.
C. Special permit to create secondary residential lots for year-round
residents.
[Amended 4-5-2014 ATM by Art. 63, AG approval 5-7-2014; 4-2-2016 ATM by Arts. 54, 55, AG approval 7-12-2016]
(1) Purpose: to create, make available and maintain housing that is affordable
to those who earn at or below 150% of the Nantucket County median
household income; to help households to continue to reside on Nantucket;
to generate and preserve affordable housing in the Town of Nantucket
in perpetuity, all in order to maintain Nantucket's diversity and
unique sense of community.
[Amended 4-1-2019 ATM
by Art. 48, AG approval 8-6-2019]
(2) Secondary lots may be permitted in the following zoning districts:
ROH, R-5, R-10, R-20, R-40, VR, LUG-1, LUG-2, and LUG-3.
(3) As authorized by MGL c. 40A, § 9, Paragraph 2, the Planning
Board, acting as the special permit granting authority, may issue
a special permit authorizing the division of a lot into two lots,
provided the following requirements and/or conditions shall apply:
(a)
The original lot shall not be subject to any covenants, restrictions
or similar encumbrances, whether appearing in a deed, easement, land-use
permit or any other instrument, pertaining to the prohibition of more
than one dwelling unit on the original lot.
(b)
A minimum of one of the two lots shall be subject to an NHNC-Ownership
Form, which shall provide, without limitation, that the owner of that
lot shall earn at or below 150% of the Nantucket County median household
income, or the lot shall be subject to a qualified family member deed
restriction. Secondary lots held sold, transferred, or gifted to any
qualified family member(s) shall not be subject to the income and
asset limits for eligible households. Upon resale, transfer, or gift
of the secondary lot to a nonqualified family member, the lot shall
be subject to an NHNC-Ownership Form, and all requirements set forth
therein, including income and asset limits for eligible households.
[Amended 4-1-2019 ATM
by Art. 48, AG approval 8-6-2019; 6-5-2021 ATM
by Art. 47, AG approval 10-7-2021]
(c)
The lots shall not be subject to the secondary dwelling requirements contained within §
139-2 of this chapter.
[Amended 4-1-2017 ATM
by Art. 74, AG approval 5-31-2017; ]
(d)
A second dwelling unit, subject to the requirements of the tertiary dwelling definition contained within §
139-2 of this chapter, may be permitted on the market-rate lot only. The Planning Board may waive this requirement by the issuance of a special permit, provided that the Board finds that the proposal is in keeping with the character of the surrounding neighborhood
[Added 4-1-2017 ATM by
Art. 74, AG approval 5-31-2017; amended 5-2-2022 ATM by Art. 53, AG approval 10-31-2022; 5-6-2023 ATM by Art. 42, AG approval 9-8-2023]
(e)
Except for pre-existing nonconforming lots, in which case the
Planning Board may issue a special permit defining the lot areas,
the lot area for the smaller of the two lots shall be at least 40%
of the minimum lot size for the district in which the lot is located,
except in the LUG-2 and LUG-3 Districts, where the secondary lot may
be reduced to 20,000 square feet.
(f)
The lots shall comply with the ground cover ratio, front setback,
and side and rear setback requirements of the underlying zoning district,
including any provisions of this chapter for pre-existing nonconforming
lots, except as follows:
[1]
The Planning Board may waive by the issuance of a special permit
the setback requirements only as they apply to the lot line(s) between
the secondary lots;
[2]
The Planning Board may waive by the issuance of a special permit
the ground cover ratio requirement for the secondary lots, provided
that the total ground cover ratio does not exceed the amount that
would have been allowed for the original lot. The ground cover distribution
must be determined at the time of the issuance of a special permit.
[Amended 5-6-2023 ATM by Art. 42, AG approval 9-8-2023]
(g)
The lots each must have a minimum of 20 feet of frontage or
an easement of sufficient width and grade to provide access.
(h)
The lots shall share a single driveway access. The Planning
Board must be provided with an instrument, in recordable form, evidencing
the common access rights to said access in accordance with this subsection.
The Planning Board may grant a special permit to waive the requirement
for shared driveway access based upon a finding that separate driveway
access would not have a significant and adverse effect on the scenic
or historic integrity of the neighborhood and is not contrary to sound
traffic or safety considerations.
(4) This §
139-8C shall not apply to major commercial developments (§
139-11); flex development and open space residential development options (§
139-8A); and are not permitted in the following zoning districts: Commercial Downtown (CDT); Moorlands Management (MMD).
(5) The Planning Board may grant a special permit for the division of a duplex into two attached single-family dwellings, provided that one of the dwellings is subject to a NHNC-Ownership Form. Subsection
C(3)(e) and
(f) above shall not apply and the Planning Board shall establish minimum lot size, ground cover ratio, and setbacks during the special permit review. Ground cover ratios for the primary and secondary lot combined shall not exceed the maximum allowed in the underlying zoning district.
D. Special
permit to create tertiary residential lots for year-round residents.
[Added 5-2-2022 ATM by Art. 51, AG approval 10-31-2022]
(1) Purpose: to create, make available and maintain housing that is affordable
to those who earn at or below 150% of the Nantucket County median
household income; to help households to continue to reside on Nantucket;
to generate and preserve affordable housing in the Town of Nantucket
in perpetuity, all in order to maintain Nantucket's diversity and
unique sense of community.
(2) Tertiary lots may be permitted in the following districts: R-10,
R-20, R-40, LUG-1, LUG-2, and LUG-3.
[Amended 5-6-2023 ATM by Art. 43, AG approval 9-8-2023]
(3) As authorized by MGL c. 40A, § 9, Paragraph 2, the Planning
Board, acting as the special permit granting authority, may issue
a special permit authorizing the division of a lot into up to three
lots, provided the following requirements and/or conditions shall
apply:
(a)
The original lot shall not be subject to any covenants, restrictions
or similar encumbrances, whether appearing in a deed, easement, land-use
permit or any other instrument, pertaining to the prohibition of more
than one dwelling unit on the original lot.
(b)
The tertiary lot, in addition to one of the secondary lots subject to §
139-8C of this chapter, shall be subject to an NHNC-Ownership Form, which shall provide, without limitation, that the owner of that lot shall earn at or below 150% of the Nantucket County median household income, or the lot shall be subject to a qualified family member deed restriction. Tertiary lots held sold, transferred, or gifted to any qualified family member(s) shall not be subject to the income and asset limits for eligible households. Upon resale, transfer, or gift of the tertiary lot to a nonqualified family member, the lot shall be subject to an NHNC-Ownership Form, and all requirements set forth therein, including income and asset limits for eligible households.
(c)
The lot shall not be subject to the tertiary dwelling requirements contained within §
139-2 of this chapter.
(d)
The lot area for the tertiary lot shall be a minimum of 20,000
square feet in the R-40, LUG-1, LUG-2, and LUG-3 districts. This requirement
may be waived through the issuance of a special permit by the Planning
Board.
[Amended 5-6-2023 ATM by Art. 43, AG approval 9-8-2023]
(e) In the R-10 district, the original lot shall be a minimum of 15,000
square feet, and in the R-20 district, the original lot shall be a
minimum of 30,000 square feet. The Planning Board shall determine
the minimum lot area for the tertiary lot during their review of the
special permit application.
[Added 5-6-2023 ATM by Art. 43, AG approval 9-8-2023]
(f)
The lots shall comply with the ground cover ratio, front setback,
and side and rear setback requirements of the underlying zoning district,
including any provisions of this chapter for pre-existing nonconforming
lots, except as follows:
[1]
The Planning Board may waive by the issuance of a special permit
the setback requirements only as they apply to the lot line(s) between
the secondary and tertiary lots;
[2]
The Planning Board may waive by the issuance of a special permit
the ground cover ratio requirement for the tertiary lot, provided
that the total ground cover ratio of the secondary lots and the tertiary
lot does not exceed the amount that would have been allowed for the
original lot.
(g)
The lots each must have a minimum of 20 feet of frontage or
an easement of sufficient width and grade to provide access.
(h)
The lots shall share a single driveway access. The Planning
Board must be provided with an instrument, in recordable form, evidencing
the common access rights to said access in accordance with this subsection.
The Planning Board may grant a special permit to waive the requirement
for shared driveway access based upon a finding that separate driveway
access would not have a significant and adverse effect on the scenic
or historic integrity of the neighborhood and is not contrary to sound
traffic or safety considerations.
(4) This §
139-8C shall not apply to flex development and open space residential development options (§
139-8A).
E. Special permit issued by the Planning Board to create workforce homeownership
housing in the R-5 Zoning District through a workforce homeownership
housing bonus lots allowance and in the CN and CMI Zoning Districts
through a workforce rental community. The purpose of this provision
is to incentivize the creation of workforce and affordable rental
and ownership housing opportunities; to promote consistency, quality,
and flexibility in the site layout and design; to mitigate traffic
congestion by encouraging the creation of compact neighborhoods proximate
to compatible adjacent commercial uses that reduce the need for vehicle
trips to already congested areas; and to promote economic vitality
and a greater diversity of housing opportunities in compliance with
objectives contained within plans adopted or accepted by the Town
of Nantucket, Nantucket Planning and Economic Development Commission,
or the Nantucket Housing Authority. This bylaw, which sets a minimum
size lot area, is intended to allow for aggregation of buildings,
parking spaces, and open areas to improve design quality. Consistent
design quality shall be applied to all dwelling units, and affordable
units shall be distributed evenly throughout the development.
[Added 11-9-2015 STM
by Art. 2, AG approval 12-29-2015; amended 4-2-2016 ATM by Art.
36, AG approval 7-12-2016]
(1) Requirements.
(a)
The following requirements shall apply to workforce homeownership
housing bonus lots in the R-5 and R-10 Zoning Districts and to a workforce
housing rental community in the CN and CMI Zoning Districts.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020; 5-2-2022 ATM by Art. 52, AG approval 9-8-2022]
[1]
Minimum lot requirement of 60,000 square feet in the CN District
and 32,000 square feet in the CMI District:
[2]
The term of affordability shall be in perpetuity or the longest
term allowed by law;
[3]
The application shall be subject to major site plan review;
[4]
The Planning Board shall be the sole special permit granting
authority for any relief pursuant to any provision of this chapter;
[5]
Planning Board approval of a special permit shall not substitute
for approval of a definitive subdivision or approval not required
(ANR) plan;
[6]
Project must be eligible for approval as local action units
(LAU) through the Local Initiative Program (LIP) or otherwise included
on the Town's Subsidized Housing Inventory. It shall be the responsibility
of the applicant to take all reasonable steps necessary to ensure
the units are included, including, without limitation, preparation
and execution of a regulatory agreement in a form to be approved by
the Town of Nantucket, through its Select Board, and by the Department
of Housing and Community Development (DHCD) and provision of any other
documents requested by DHCD.
(2) Workforce homeownership housing bonus lots.
(a)
Bonus lots, subject to the requirements below, shall be based
on the number of building lots which could have been created through
a conventional subdivision plan. The maximum number of building lots,
excluding any bonuses, shall not exceed the number which may have
otherwise been created on a conventional subdivision plan meeting
all dimensional and upland requirements of the Zoning Bylaw and in
full conformance with (and requiring no waivers from) the Rules and
Regulations Governing the Subdivision of Land, as may be amended by
the Planning Board from time to time, as demonstrated by the submission
of a dimensioned lotting plan. For all density calculations that result
in a fractional number, only fractions equal to or greater than 0.51
should be rounded to the next highest whole number.
[1]
The total number of lots shall be calculated by multiplying
the number of lots allowed by-right, as described above, by a factor
of 1.33 in the R-5 District and by a factor of 1.2 in the R-10 District.
[Amended 5-2-2022 ATM by Art.
52, AG approval 9-8-2022]
[2]
25% of the total number of lots allowed, using the bonus provision, must be allocated and restricted to ownership by households earning at or below the area median income limits set forth in the definition of "workforce homeownership housing," as defined in §
139-2, or the rental dwelling units located on the lots achieved through the bonus provision must be restricted to households earning at or below 80% of area median income. Said lots shall be subject to a Nantucket Housing Needs Covenant-Ownership Form or other instrument restricting sale or rental to households earning at or below the area median income limits set forth in the definition of workforce homeownership housing, as defined in §
139-2.
(b)
The Planning Board may reduce, by up to 100%: the front yard
setback (but not the side or rear yard setbacks applied to the perimeter
of the project area), internal side or rear yard setbacks (meaning
setbacks between lots which are the subject of the application), side
or rear yard setbacks between the lots which are the subject of the
application and other land in common ownership or control of the applicant,
and the required frontage, provided that the lot has sufficient vehicular
access through an easement.
(c)
The Planning Board may allow an increase in the ground cover
ratio up to 50%.
(d)
A minimum buffer area of at least 20 feet shall be established
between the workforce homeownership housing bonus lots and residentially
zoned abutting properties. The Planning Board may require the buffer
area to include plantings, fencing, walls, or other improvements to
mitigate impacts to abutting properties.
(3) Workforce rental community.
(a)
Rental dwelling units in one or more structures, shall be subject
to the following requirements:
[1]
The maximum number of dwelling units shall not exceed 32, at
least eight of which must (25% of which) be restricted to occupancy
by households earning at or below 80% of area median income. An instrument,
in a form approved by the Planning Board, restricting rental of at
least eight of the dwelling units to households earning at or below
80% of area median income must encumber the subject lot(s);
[2]
The maximum number of bedrooms contained within the workforce
rental community lot shall not exceed 57;
[3]
At least 10% of the total dwelling units within the workforce
housing rental community must contain at least three bedrooms, unless
such requirement is reduced by a future binding directive from the
Commonwealth of Massachusetts Department of Housing and Community
Development which confirms that fewer than 10% three-bedroom units
may be included in the workforce rental community while still confirming
that all of the units in the workforce rental community shall be eligible
for inclusion on the Town's Subsidized Housing Inventory. In such
an instance, the Planning Board shall have the discretion to approve
fewer three-bedroom units within the workforce rental community, in
conjunction with the issuance of the special permit, as long as the
requirement described above with respect to confirmation of the eligibility
of all of the units in the workforce rental community relative to
inclusion on the Town's Subsidized Housing Inventory has been met.
(b)
A minimum buffer area of at least 20 feet shall be established
between the workforce rental community and residentially zoned abutting
properties. The Planning Board may require the buffer area to include
plantings, fencing, walls, or other improvements to mitigate impacts
to abutting properties.
(c)
The Planning Board may, in addition to those requirements included in §
139-23, require submission of additional documentation, including, without limitation, detailed floor plans, operation and management plan for the project, including maintenance of the structure(s) and the site.
(d)
The Planning Board may reduce, by up to 100%, the side and rear
yard setbacks where two or more workforce rental community lot projects
are adjacent to each other.
(4) The Planning Board may allow a workforce rental community as part
of a larger project, as allowed in the CN and CMI Districts, provided
that the project, comprised of one or more parcels of land in the
same ownership or control, could be divided into multiple lots meeting
the lot requirement of § 139-8D(1)(a)[1] on a conventional
subdivision plan meeting all dimensional and upland requirements of
the bylaw and consistent with the Rules and Regulations Governing
the Subdivision of Land, as may be amended by the Planning Board from
time to time, as demonstrated by the submission of a dimensioned lotting
plan.
[Added 11-6-2017 STM
by Art. 20, AG approval 2-26-2018]
F. Special permit to create rear lot subdivisions.
[Added 4-1-2017 ATM by
Art. 72, AG approval 5-31-2017]
(1) Purpose: to provide a residential infill development option that
allows for the same density that could be created by a conventional
subdivision, but that does not create unnecessary un-taxed roadway
lots.
(2) Rear lots may be permitted in the following zoning districts: R-5,
R-10, R-20, R-40, and LUG-1.
(3) As authorized by MGL c. 40A, § 9, Paragraph 2, the Planning
Board, acting as the special permit granting authority, may issue
a special permit authorizing the division of a lot into two or more
lots, provided the following requirements and/or conditions shall
apply:
(a)
A minimum frontage of 20 feet shall apply to each lot;
(b)
The ground cover ratio, front setback, and side and rear setback
requirements of the underlying zoning district shall apply to each
lot;
(c)
The regularity formula prescribed in §
139-16D shall not apply to lots created pursuant to this subsection;
(d)
The number of building lots shall not exceed the number which
may have otherwise been created on a conventional subdivision plan
meeting all dimensional and upland requirements of the Zoning Bylaw
and the requirements contained within the "Rules and Regulations Governing
the Subdivision of Land," as may be amended from time to time, as
demonstrated by the submission of a dimensioned lotting plan, or as
shown on an Approval Not Required plan endorsed by the Planning Board,
or as shown on an Approval Required plan approved and endorsed by
the Planning Board provided that the appeal period has lapsed without
appeal.
[Amended 4-1-2019 ATM
by Art. 61, AG approval 8-6-2019]
[Amended 11-13-1990 STM by Art. 18, AG approval 3-19-1991;
5-5-1992 ATM by Arts. 36 and 47, AG approval 8-3-1992; 4-14-1997 ATM
by Art. 49, AG approval 8-5-1997; 4-13-1998 ATM by Art. 38, AG approval
7-31-1998; 4-9-2001 ATM by Art. 29, AG approval 8-2-2001; 4-15-2003
ATM by Art. 31, AG approval 8-27-2003; 4-30-2003 ATM by Art. 53, AG
approval 8-27-2003; 4-30-2003 ATM by Art. 54, AG approval 7-22-2003;
4-4-2006 ATM by Art. 41, AG approval 8-2-2006; 4-8-2008 ATM by Art.
64, AG approval 8-18-2008; 4-2-2016 ATM by Art. 57, AG approval 7-12-2016]
A. The Planning Board shall be the special permit granting authority
for any "major commercial development" (or "MCD").
B. A MCD shall be defined as a single commercial structure or use, or
a group of commercial structures or uses, which is proposed to be
constructed on a single lot or tract of land or on contiguous tracts
of land and held in common ownership or control, meeting, in the aggregate,
any one or more of the following criteria:
(1) Five thousand square feet of commercial use, including, but not limited
to, the total of the following:
(a)
Gross floor area of commercial use, including roofed-over storage
areas;
(b)
Outdoor commercial use, including but not limited to sand, gravel
or topsoil borrow operations and asphalt plants; land used commercially
for recreation; and land used for the exterior storage or display
of merchandise, equipment or material.
(2) Four thousand square feet or more of gross floor area of commercial
use, including roofed-over storage areas.
(3) A commercial use requiring 20 or more off-street parking spaces pursuant to §
139-18. A motor vehicle parking lot as defined in §
139-2 which contains 20 or more parking spaces shall not be considered an MCD.
(4) Auditorium, theater or place of public assembly use with a rated
legal occupancy of 100 or more persons.
(5) Restaurant, club and/or bar use with a combined rated legal occupancy
of 100 or more.
(6) Developments which generate an estimated 10,000 gallons per day of
wastewater.
(7) Marinas, wharfs and piers containing 250 lineal feet or more of tie-up
space for vessels.
(8) Transient residential facilities with 10 or more guest rooms or units.
C. Preexisting nonconforming uses shall be subject to this subsection when any extended or altered portion of the commercial use(s), added together starting from the effective date (April 4, 1979, as amended), meets or exceeds the criteria of Subsection
B above, which defines a MCD.
D. Conditions. The Planning Board shall have the right, in granting
special permits for major commercial developments, to impose conditions,
safeguards and limitations, including, but not limited to, the following
requirements:
(1) A landscaping plan, indicating the location, species, and size of
trees and shrubs and the location and type of fencing.
(2) An exterior lighting plan indicating the size and type of any proposed
fixtures.
(3) The installation of underground utilities.
(4) A plan indicating the type, size and location of all exterior signs.
(5) The days and hours of operation may be limited based on the type
of business, the character of the surrounding areas, and the potential
impacts to adjacent properties or the surrounding neighborhood.
E. Open area for major commercial developments.
(1) Except for lots located within the CDT District, a minimum of 20%
of the lot(s) shall be landscaped and maintained as open area.
(2) Walkways and sidewalks, patios, structures, and areas designated
for exterior storage, parking or loading shall not be included in
the open area calculation; provided, however, that in computing the
percentage of open area, brick or stone sidewalks and patios may be
included up to a maximum of 10% of the lot(s).
(3) The Planning Board may grant a special permit to waive the requirement
for open area, provided that the Board finds that sufficient and appropriate
landscaping will be provided and that the benefits to the community
and the neighborhood from the reduction of open area will outweigh
the benefits that would be derived from the provision of the open
area requirements. The special permit granting authority may impose
conditions for the granting of such a special permit, including, but
not limited to, the substitution of off-site landscaping elements,
a financial or other type of contribution toward the creation of common
public space(s), and requirements for the permanent maintenance of
landscaping features within the site by the applicant and its successors.
F. Any expansion or reconstruction of, or any changes to, a major commercial development for which a special permit has been granted shall require its modification or issuance of a new special permit by the Planning Board subject to the procedural and substantive requirements of §§
139-11 and
139-30. However, the Planning Board may, by majority vote, waive the requirements for such modified or new special permit when it finds that the expansion, reconstruction or change proposed does not materially affect the findings and conclusions upon which the Planning Board's previous decision to approve the development was based.
G. The side and rear yard setback requirement be reduced to zero feet,
provided that the Planning Board finds that such a reduction will
preserve the integrity of adjacent uses and the neighborhood, and
will promote the purposes and intent of this chapter.
H. In order to further the availability of housing for persons and households
of all income levels, and mitigate the impacts of major commercial
developments on the supply and cost of housing, the Planning Board
may require applicants to provide inclusionary housing in accordance
with the following standards:
(1) One inclusionary unit for each 4,000 feet of gross floor area of
interior commercial use or one inclusionary unit per major commercial
development, whichever is greater.
(2) The inclusionary unit(s) may be located on the MCD site or at an
off-site location.
(4) In lieu of providing inclusionary units or employer dormitories as
outlined above, an applicant may provide a monetary contribution of
equivalent value to the Town of Nantucket, to be placed in a fund
for the development of affordable housing administered by the Affordable
Housing Trust Fund. The amount of such contribution shall be equivalent
to the average sale price of residential property with 5,000 square
foot to 10,000 square foot lot sizes in the R-5 district as recorded
by the Nantucket Islands Land Bank during the one-year period prior
to approval of the special permit. This payment may be used only for
the planning, development and administration and maintenance of affordable
housing.
(5) Where the inclusionary units are provided on the MCD site, the Planning
Board may allow an increase in the number of units that may be permitted
within a single structure or upon a single lot beyond that which is
permitted in the zoning district in which the units are located.
(6) Inclusionary units shall be subject to a deed restriction, enforceable
by the Planning Board or its designee, to be in effect during the
thirty-year period which commences from the date of issuance of the
certificate of occupancy for the building in which the unit(s) is
located.
(7) No certificate of occupancy will be issued for any building within
an MCD unless the required inclusionary unit(s) is also eligible for
such certificate, or unless the Planning Board has approved its issuance.
I. Cap on retail MCDs.
(1) Except in the following approved area plan location: Mid-Island Planned
Overlay District (MIPOD), a special permit shall not be granted for:
(a)
A new major commercial development which is devoted primarily
to retail use and which has 20,000 square feet or more of gross floor
area of commercial use, including roofed-over storage areas.
(b)
Expansion of an existing commercial development whenever the expanded portion of the development, added together starting from the effective date of this §
139-11I, is devoted primarily to retail use and has 10,000 square feet or more of gross floor area of commercial use, including roofed-over storage areas.
[Amended 11-13-1990 STM by Art. 17, AG approval 3-19-1991; 5-4-1993 ATM by Art. 44, AG approval 5-24-1993; 4-10-1995 ATM by Art. 45, AG approval; 5-22-1995; 4-14-1997 ATM by Art. 41, AG approval 9-4-1997; 4-14-1997 ATM by Art.
49, AG approval 8-5-1997; 8-18-1997; 9-4-1997; 4-10-2000 ATM by Art. 46, AG approval 8-2-2000; 4-9-2001 ATM by Arts. 37, 38, AG approval 8-2-2001; 4-9-2002 ATM by Art. 37, AG approval 7-31-2002; 4-15-2003 ATM by Arts. 26, 29, AG approval
8-27-2003; 1-12-2004 ATM by Art. 42, AG approval 9-3-2004; 4-4-2006 ATM by Art. 42, AG approval 10-26-2006; 4-4-2006 ATM by Arts. 48, 49, AG approval 8-2-2006; 4-8-2008 ATM by Art. 55, AG approval 8-18-2008; 4-6-2009 ATM by
Art. 27, AG approval 8-10-2009; 9-21-2009 STM by Art. 22, AG approval 12-29-2009; 3-31-2012 ATM Art. 55, AG approval 7-12-2012; 4-2-2013
ATM by Arts. 30, 34, AG approval 7-26-2013; 4-5-2014 ATM by Arts. 35, 61, AG approval 5-7-2014; 4-6-2015 ATM by Art. 70, AG approval 8-5-2015; 4-1-2017 ATM by Art. 40, AG
approval 5-31-2017; 4-1-2019 ATM by Arts. 49, 62, AG approval 8-6-2019; 6-25-2020 ATM by Art. 52, AG
approval 10-27-2020]
A. There is hereby established in the Town of Nantucket
an overlay district entitled “Town Overlay District” as
follows:
(2) The purpose of the Town Overlay District is to limit the spatial extent of growth within a district consistent with the traditional settlement pattern represented by the settled portion of Nantucket Town, except in the Residential Old Historic (ROH) District; to encourage development within the Town Overlay District where infrastructure already exists, or can be extended without undue expense; to create opportunities to produce housing affordable for year-round residents through infill development (development of existing vacant lots; lots produced by resubdivision; and addition of secondary dwellings) on existing roads serviced by water and sewer; and to create development patterns that are conducive to service by alternatives to the automobile, such as transit, and bicycle and pedestrian systems. The purpose of the Town Overlay District shall be considered by the Planning Board or Zoning Board of Appeals when determining the character and extent of site and infrastructure improvements to be required in a decision on an application for site plan approval pursuant to §
139-23 of this chapter. In addition to the standards of that section, the following standards shall apply to a proposed use or an expansion of an existing use subject to site plan review:
(a)
Provision of Town water and sewer service, which
shall be adequate to serve the proposed use;
(b)
Road and drainage improvements shall be adequate
to serve the proposed use;
(c)
Bike and/or pedestrian systems shall be adequate
to serve the proposed use, and reasonable measures shall be taken
to provide connectivity to existing bike and pedestrian systems;
(d)
The project minimizes parking demand and auto-dependency
(i.e., by inducements employed by the applicant for the utilization
of the NRTA seasonal shuttle system); and
(e)
Consistency with the recommendations of any
area plan endorsed by Town Meeting, such as the Mid-Island Area Plan,
Sconset Area Plan, and Madaket Area Plan.
(3) Uses allowed or permitted in this district are the
same as those uses allowed or permitted in the underlying zones.
B. There is hereby established in the Town of Nantucket
an overlay district entitled "Country Overlay District" as follows:
(2) The purpose of the Country Overlay District is to discourage development and preserve areas characterized by traditional and historic rural land use patterns; to discourage the spread of disperse development patterns that promote automobile dependency, and are costly to build and maintain. The purpose of the Country Overlay District shall be considered by the Planning Board or Zoning Board of Appeals when determining the character and extent of site and infrastructure improvements to be required in a decision on an application for site plan approval pursuant to §
139-23 of this chapter. In addition to the standards of that section, the following standards shall apply to a proposed use or an expansion of an existing use subject to site plan review:
(a)
If a new use, or an expansion of a preexisting
use that adds 20% or more of the gross floor area or 1,000 square
feet, of gross floor area, whichever is less, either subject to site
plan review, a finding that the applicant has considered all practicable
alternative sites, commensurate with the type, size, and cost of the
project, available within the Town Overlay District and that no such
practicable alternative exists;
(b)
The project complies with the Nantucket Public
Health Code;
(c)
The project complies with the standards of § 139-12E(2)(b)
through (e); and
(d)
Finding that the project is not a major traffic
generator, and will not substantially contribute to traffic generation
and congestion.
(3) Uses allowed or permitted in this district are the
same as those uses allowed or permitted in the underlying zones.
C. Formula Business Exclusion District (FBED).
(1) The Formula Business Exclusion District (FBED) is
located and bounded as shown on the map entitled "Article 42: Proposed
Formula Business Exclusion District" prepared by the GIS Department,
dated March 2006.
(2) Statement of purpose. The purpose and intent of the
Formula Business Exclusion District (FBED) is to address the adverse
impact of nationwide, standardized businesses on Nantucket's historic
downtown area. The proliferation of formula businesses will have a
negative impact on the island's economy, historical relevance, and
unique character and economic vitality. These uses are therefore prohibited
in order to maintain a unique retail and dining experience. Formula
businesses frustrate this goal by detracting from the overall historic
island experience and threatening its tourist economy.
D. Mid-Island Planned Overlay District. The purpose of
the Mid-Island Planned Overlay District (MIPOD) is to advance the
following objectives in the Mid-Island Area: 1. to promote consistency
and quality in the planning and siting of buildings, uses, and streetscape
and public/private improvements; 2. to increase the supply of housing
for year-round Nantucket residents, especially those employed in the
Mid-Island area; 3. to create a pedestrian-friendly environment; 4.
to increase safety to pedestrians, bicyclists, and motorists; 5. to
relieve traffic congestion; and, 6. to promote economic vitality;
all in accordance with the general guidance of the Mid-Island Area
Plan, adopted for the Town of Nantucket by the Planning Board on March
10, 2003, on file in the office of the Nantucket Planning Board. The
MIPOD is located and bounded as shown on the following maps adopted
by reference herein: “Mid-Island Planned Overlay District,”
January, 2003; revised March, 2003. The district as shown on said
map shall be considered an overlay district to be superimposed on
the Zoning Map of Nantucket, Massachusetts.
(1) Allowed uses:
(a)
All uses allowed on the lot by right in the underlying district in which the land is located. Notwithstanding the provisions of §§
139-23H(3) and
139-23I, all new commercial uses or expansions of commercial uses that entail expansions of the building footprint or parking and circulation improvements (excluding handicap ramps and signage), and which are not otherwise subject to major site plan review, shall be subject to minor site plan review by the Director of Planning designated by the Planning Board for site plan review purposes set down in this §
139-12G, and such professional planning staff to whom the Director of Planning shall delegate this responsibility, for all commercial uses and expansions up to, and including, 3,999 square feet of gross commercial floor area (including roofed over area).
(2) Uses by special permit:
(a)
All uses permitted on the lot requiring a special
permit in the underlying district in which the lot is located.
(3) Additional requirements within the MIPOD:
(a)
The Planning Board shall be the sole special permit granting
authority within the MIPOD.
(b)
In reviewing a use or expansion requiring site plan review within the MIPOD, the Planning Board and/or the Director of Planning or his designee shall make a determination that the proposed use or improvements are generally consistent with site plan review standards contained in §
139-23, and with the standards set down in this §
139-12G.
[Amended 6-5-2021 ATM by Art. 47, AG approval 10-7-2021]
(c)
Notwithstanding the ground cover requirements of §
139-16, the allowable ground cover ratio for a lot within the MIPOD for which a Nantucket Housing Needs Covenant, as defined in §
139-2A, has been recorded in the Registry of Deeds shall be 55% for a lot containing one year-round dwelling unit subject to the covenant, and 60% for two or more year-round dwelling units subject to the covenant.
(d)
In addition to the intensity requirements of §
139-16A, new or expanded commercial buildings within the MIPOD shall be subject to a five-foot maximum front-yard setback. A second commercial building on the same lot shall be exempt from this requirement should the Planning Board and/or the Director of Planning or his designee determine that there exists insufficient frontage to accommodate both structures at the maximum setback line. The Planning Board may grant relief by special permit from this and other requirements of §
139-16A should the Board find that:
[1]
The granting of relief would create better consistency
with existing building setback patterns on adjoining lots, provided
that the accommodation of parking or vehicular access in front of
buildings is not the reason for the waiver request; or
[2]
The provision of additional landscaping and
streetscape elements, especially if designed to enhance the use and
enjoyment of the property and the Mid-Island area, generally, by pedestrians
necessitates a greater building setback.
(e)
Notwithstanding the relief provisions and findings of § 139-18B(1) and (2), parking calculations, in compliance with §
139-18D shall include: (i) any off-street parking spaces provided upon the subject property; and (ii) parking spaces located within a public right-of-way within 500 feet of the subject property’s lot lines. Any portion of a parking space so located shall be counted as one space; and (iii) parking spaces located on another property located within 500 feet of the subject property lot line secured by a binding agreement such as a license, lease or covenant and accessible through a direct access. By special permit, the Planning Board may reduce the number of parking spaces required under §
139-18D within the MIPOD. An applicant requesting such reductions shall submit a plan outlining the details of implementation of these mitigation measures. The Planning Board may require annual audits of compliance with these measures, and may revoke any approved reductions in the case of noncompliance, following a public hearing. The Planning Board shall consider the following standards in reducing parking requirements: (i) one parking space may be eliminated for each group of three peak shift employees should the applicant provide a public transit incentive program for both employees and customers authorized under § 139-23J(2)(f). (ii) The total number of required parking spaces may be reduced by up to 10% should the applicant utilize any or a combination of the following measures: common access, vehicular traffic and/or pedestrian interconnections between properties. The Planning Board may grant other relief by special permit from any parking requirements of the zoning bylaw.
(f)
In considering any use or expansion subject
to major site plan review, the Planning Board may require an applicant
to install improvements within the public right-of-way along the frontage
of the property controlled by the applicant in accordance with the
Mid-Island Area Plan. Off-site improvements (i.e., beyond the frontage
of the property) may be required for special permit uses to the extent
that the demand for the improvements is justified by the intensity
of the use. For major traffic generators, these improvements may include
bike path, road and intersection improvements.
(g)
The Planning Board, as special permit granting authority, shall have the power to grant a special permit reducing the open area requirements under either §
139-11G or §
139-16E, whichever is applicable, and notwithstanding the provisions of §
139-16E(3), provided that it makes the finding that the applicant has provided sufficient and appropriate landscaping, and further provided that it makes the finding that the benefits to the community and the neighborhood from the reduction of open area requirements, as conditioned by the decision granting the special permit, will outweigh the benefits that would be derived from the provision of the open area requirements as would otherwise be required. The Planning Board shall impose appropriate conditions for the granting of such a special permit, including but not limited to the substitution of off-site landscaping elements, the contribution of the applicant toward the creation of common public spaces within the MIPOD, and requirements for the permanent maintenance of landscaping features within the site by the applicant and its successors.
(h)
In connection with its review of any major or
minor site plan review, the Planning Board, after public hearing,
shall adopt MIPOD Guidelines, on file in the offices of the Planning
Board and the Town Clerk, which shall serve to guide the siting of
structures, layout of parking and landscaping, and related improvements
within the MIPOD.
E. Village
Height Overlay District (VHOD). The purpose of this overlay district
is to establish reduced building heights in certain locations within
the Country Overlay District (COD).
(1) Notwithstanding the provisions of §
139-17, the maximum height permitted within the Village Height Overlay District shall be 25 feet;
(2) This
section shall be effective on January 31, 2010.
F. Nantucket Cottage Hospital Overlay District (NCHOD). The purpose of this overlay district is to maximize the efficiency of the existing hospital site and identified surrounding land, to provide for flexibility in the design and uses allowed at an expanded and modernized hospital campus, and to require major site plan review by the Planning Board where proposed expansion or alteration exceeds the maximum standards of the underlying CN District as established in §
139-16. To the extent there are inconsistencies between provisions of this §
139-12J and any other provisions of the bylaw, the provisions of this §
139-12J shall govern.
(1) Notwithstanding the provisions of §
139-7A, elder housing facilities are permitted by right in the NCHOD.
(2) Notwithstanding the provisions of §
139-16A or §
139-16E, the Planning Board may grant through major site plan review expansion of ground cover ratio up to 50% and any reduction of open area.
(3) Where major site plan review is required, dimensional requirements established in §
139-16 may be applied to the entire project area by right without respect to individual lots.
(4) Notwithstanding the provisions of §
139-17, building height in the NCHOD shall not exceed 50 feet. For the purposes of this §
139-12J, the following structures, uses, and building features are excluded from the height limitation: uses set forth in §
139-17B, structures set forth in §
139-17C, and architectural features extended above the primary roof line (whether sloped or vertical).
(5) Lots within the NCHOD may be divided without the need for additional
site plan review, provided that the use of the lot and the previously
approved site plan is not modified.
(6) Notwithstanding the provisions of §
139-18, off-street parking requirements may be provided off-site within the NCHOD for lots within the NCHOD.
(7) Additional major site plan review requirements for the NCHOD:
(a)
The Planning Board shall hold a public hearing, for which notice
is provided as specified in M.G.L. c. 40A, § 11;
(b)
Failure of the Planning Board to take action within 60 days
of the public hearing, as such hearing may be extended by consent
of the applicant, shall constitute an approval of the site plan and
associated application;
(c)
The Planning Board shall approve the application, as submitted or modified, based on a finding that the project is in conformance with §
139-23. The Board may deny the application if it determines that the effect of the project on the public interest is so intrusive that no reasonable conditions can be developed to avoid that effect.
(d)
Waivers in connection with major site plan review may be granted,
provided that such waiver:
[1]
Will improve the project's ability to service the health care
needs of the Town;
[2]
Is in the best interests of the Town; and
[3]
Will not substantially derogate from the intent or purpose of
this chapter.
G. The Public Wellhead Recharge District. The purpose
of these regulations is to preserve the quality and quantity of the
Town's groundwater resources in order to insure a safe and healthy
public water supply. The Public Wellhead Recharge District is located
and bounded as shown on the following maps incorporated by reference
herein: for Siasconset, a map entitled "Public Wellhead Recharge District:
Siasconset," prepared by Horsley, Witten & Heggemann, Inc. dated
October, 1990; for the Town, a map entitled "Public Wellhead Recharge
District: Town," prepared by Haley & Ward, September 2011. The
districts as shown on said maps shall be considered overlay districts
to be superimposed on the aforementioned Zoning Map of Nantucket,
Massachusetts. Copies of the map shall be on file with the Town Clerk
and the Zoning Enforcement Officer upon adoption. Should the boundary
of a Public Wellhead Recharge District traverse a lot or lots which
are not able to be subdivided in accordance with the underlying zoning
district, said lot or lots shall be considered to be subject to these
regulations; otherwise, the boundary shall be applied strictly. The
Zoning Enforcement Officer shall adjudicate any boundary disputes.
(1) Permitted uses:
(a)
All uses permitted by right or by minor site
plan review in the underlying district in which land is located, except
those expressly prohibited or requiring special permits with major
site plan review listed below:
(b)
Incidental on-site lawn and garden fertilizing
and pest control normally considered accessory to residential or business
uses shall be used in accordance with manufacturer's label instructions
and stored so as to prevent the generation and escape of contaminated
runoff or leachate.
(c)
Storage of home or business fuel intended to be consumed on site for space heating, hot water heating and cooking purposes and contained in tanks not exceeding 1,000 gallons, provided that the design and installation of said tanks is reviewed and approved by the Fire Chief, or his designee, in accordance with applicable health and fire safety regulations. Any permitted fuel storage shall be freestanding, above-ground, on an impervious surface, and provided with 110% of storage secondary containment, regardless of size. For the purpose of this §
139-12B, the term "fuel" shall not include liquid propane gas.
(d)
Road construction which does not result in earth
removal within four feet of historical high water table.
(e)
Vehicular transport or vehicular use of petroleum
products.
(f)
Normal operation and maintenance of existing
water bodies and dams, drainage and other structures for water control,
water supply, drainage, farming and conservation purposes.
(g)
Construction, maintenance, repair and enlargement
of drinking water supply related facilities including wells, watermains,
pumping station and treatment facilities.
(2) Prohibited uses:
(a)
All uses prohibited in the underlying district.
(b)
The manufacture, use, pipeline transport, storage, disposal or treatment of hazardous or toxic materials, except as noted in Subsection B(1)(b), (c), (d) and (e) above. Petroleum, fuel oil and heating oil bulk stations and terminals, including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5171 (not including liquefied petroleum gas) and 5983 are prohibited, except for municipal use. SIC Codes are established by the U.S. Office of Management and Budget and may be determined by referring to the publication, Standard Industrial Classification Manual, and any subsequent amendments thereto. The storage of liquid hazardous materials, as defined in MGL c. 21E and/or liquid petroleum products is prohibited unless such storage is: (i) above ground level, and (ii) on an impervious surface; and either [a] in container(s) or aboveground tank(s) within a building, or [b] outdoors in covered container(s) or aboveground tank(s) in an area that has a containment system designed and operated to hold either 10% of the total possible storage capacity of all containers, or 110% of the largest container's storage capacity, whichever is greater; however, these storage requirements shall not apply to the replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline provided the replacement is performed in a manner consistent with state and local requirements. For the purpose of this §
139-12B, the term "liquid hazardous material" shall not include liquid propane gas.
(c)
Sanitary landfills, dumps, junkyards (defined in MGL c. 140B,
§ 1) or disposal or landfilling of solid waste, sludge,
sewage or septage.
(d)
Animal feedlots and manure storage.
(e)
Commercial washing, painting, repair or other servicing of motorized
vehicles in garages or in the open, except by special permit unless
such use is prohibited by § 139-12B(2)(r)[2].
(g)
On-site disposal of wastewater exceeding 2,000
gallons per day, unless incorporated with an enhanced nitrogen removal
system providing equivalency in compliance with MADEP requirements
and approved by special permit. Prohibited wastewater disposal shall
also include any discharge, deposit, injection, dumping, spilling,
leaking or placing so that untreated waste may enter ground or surface
water.
(i)
Truck or bus terminals providing commercial transport services.
(j)
Commercial servicing, repair or construction of boats or boat
motors, except by special permit.
(k)
Dry-cleaning establishments with on-site cleaning operations.
(l)
Coin or commercial laundries which rely on on-site
septic systems.
(m)
Chemical and bacteriological laboratories.
(n)
Leather tanning and finishing.
(o)
Stockpiling and disposal of snow and/or ice
containing deicing chemicals if brought from outside the Public Wellhead
Recharge District.
(p)
New underground fuel storage tanks with the
exception of propane.
(q)
All land uses, buildings, and accessory structures,
that result in rendering impervious more than 15% or 2,500 square
feet of any lot, whichever is greater, unless a system for artificial
recharge of 95% of annual precipitation is provided that will not
result in the degradation of groundwater quality. The Planning Board
may require that an applicant provide evidence of groundwater protection
which may include a demonstrated history of treatment effectiveness
of the proposed design/treatment technology, and it may require monitoring
of on-site, pre- and post-development groundwater quality for potential
pollutants.
[1]
For nonresidential uses, recharge shall be by open stormwater
infiltration basins or similar system covered with natural vegetation,
and subsurface infiltration shall be used only where other methods
are infeasible. For all nonresidential uses, all such basins and subsurface
infiltration structures shall be preceded by pretreatment best management
practices to facilitate removal of contamination. Any and all recharge
areas shall be permanently maintained in full working order by the
owner.
(r)
[1]
Treatment or disposal works subject to 314 CMR
5.0 for wastewater other than sanitary sewage. This prohibition includes,
but is not limited to, treatment or disposal works related to activities
under the Standard Industrial Classification (SIC) Codes set forth
in 310 CMR 15.004(6) Title 5, except the following:
[a] Publicly owned treatment works
(POTWs);
[b] Individual sewage disposal systems handling more
than 110 gallons per day per 10,000 square feet of land area that
otherwise complies with Title 5, unless incorporated with an enhanced
nitrogen removal system providing equivalency in compliance with MADEP
requirements.
[c] Treatment works approved by MADEP designed for
the treatment of contaminated ground or surface waters and operated
in compliance with 314 CMR 5.05(3) or 5.05(13).
[2]
Facilities that generate, treat, store or dispose
of hazardous waste that are subject to MGL c. 21C and 310 CMR 30 except
for the following:
[a] Very small quantity generators
as defined under 310 CMR 30.00;
[b] Household hazardous waste centers
and/or events operated pursuant to 310 CMR 30.390; or
[c] Waste oil retention facilities
required by MGL c. 21, § 52A.
(s)
Any building floor drainage systems in existing
facilities, in industrial or commercial process areas, or in hazardous
material and/or hazardous waste storage areas, which discharge to
the ground without a DEP permit or authorization. Any existing facility
with such a drainage system shall be required to either seal the floor
drain (in accordance with the State Plumbing Code, 248 CMR 2.00),
connect the drain to a municipal sewer system (with all appropriate
permits and pre-treatment), or connect the drain to a holding tank
meeting the requirements of all appropriate DEP regulations and policies.
For purposes of this Subsection B(2)(u), a "floor drain" is defined
as "an intended drainage point on a floor constructed to be otherwise
impervious which serves as the point of entry to any subsurface drainage,
treatment, disposal, containment, or plumbing system." This Subsection
B(2)(u) is in fulfillment of the requirements of Massachusetts Department
of Environmental Protection's Wellhead Protection "Source Approval"
Regulations (310 CMR 22.21).
(t)
Solid waste combustion facilities or handling
facilities as defined at 310 CMR 16.00.
(u)
Stockpiling and disposal of snow or ice removed from highways
and streets located outside of Zone II that contains sodium chloride,
chemically treated abrasives or other chemicals used for snow and
ice removal.
(v)
Storage commercial fertilizers, as defined in MGL c. 128, § 64,
unless such storage is within a structure designed to prevent the
generation and escape of contaminated runoff or leachate.
(3) Permitting of uses in the PWR Overlay District. The
Zoning Enforcement Officer shall be the permitting authority for all
activities in the Public Wellhead Recharge District which exceed the
thresholds of § 139-12B(2)(s) of this chapter, with the
exception that the special permit granting authorities shall be the
permitting authorities for any uses within the PWR Overlay District
which require a special permit.
(a)
Finding of water quality compliance.
[1]
Prior to the issuance of any permit by the designated
review authority, a mandatory referral of the application to the Nantucket
or Siasconset Water Commissions, as applicable, shall be made immediately
upon receipt of such application. After due consideration, the respective
Water Commission, or its designated professional staff, as such authority
might be delegated by said Commission, may issue a finding of water
quality compliance ("finding") in connection with said application,
after due consideration of the requirements of § 139-12B(2)(s),
within the time periods prescribed below:
[a] For permit to be issued by the
Building Commissioner or Building Inspector as the sole permit authority:
15 days.
[b] For permit to be issued by special
permit granting authority: 30 days, or prior to the close of the public
hearing, whichever is later.
[2]
The failure of each respective Water Commission
to submit such finding to the approval authority within the prescribed
time period shall be construed to fulfill the requirement for the
issuance of a finding. No building permit or special permit shall
be issued in the PWR Overlay District unless a finding has been issued
therewith, and the conditions, if any, of such finding are incorporated
in said permits.
(b)
In order to comply with Subsection B(2)(s)[1],
any person or firm proposing land uses which exceed the thresholds
of this subsection shall apply the practices and technologies found
in a publication entitled: "Massachusetts Stormwater Standards Handbook,
Volume 1 - 3," (MassDEP 2008) as such publication may be amended from
time to time, the respective water companies, in making their finding
of water quality compliance, shall decide which techniques and practices
are appropriate for each respective application.
(c)
Replacement, rehabilitation, modification, or expansion of preexisting, otherwise prohibited nonconforming uses within the PWR Overlay District. No replacement, rehabilitation, modification, or expansion of preexisting nonconforming uses shall be permitted within the PWR Overlay District unless a special permit is issued in connection therewith by the Planning Board. In addition to the criteria set down in §
139-33A the Planning Board shall make a finding that such proposals will be constructed and managed in a way that will eliminate threats to the aquifer throughout the proposed life of the structure or use. The Board may include in its decision conditions, limitations and safeguards affecting the design, construction and management of such structures and uses which it finds will help protect the integrity of the aquifer, including but not limited to aboveground construction of tanks, construction of impervious surfaces and moats to catch and collect possible contaminants, pretreatment of waste and/or required tie-in to public sewer services.
H. Flood Hazard Overlay District (FHOD).
(1) Statement of purpose. The purposes of the Flood Hazard Overlay District
(FHOD) are to ensure public safety through reducing the threats to
life and personal injury; prevent the occurrence of public emergencies
resulting from water quality contamination and pollution due to flooding;
avoid the loss of utility services which if damaged by flooding would
disrupt or shut down the utility network and impact the community
beyond the site of flooding; reduce costs associated with the response
and cleanup of flooding conditions; reduce damage to public and private
property resulting from flooding waters.
(2) Use regulations. The FHOD is herein established as an overlay district
to all other districts. The FHOD includes all special flood hazard
areas within the Town of Nantucket designated as Zone A, AE, or VE
on the Nantucket 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 Nantucket
County FIRM that are wholly or partially within the Town of Nantucket
are panel numbers 25019C0018G, 25019C0019G, 25019C0033G, 25019C0034G,
25019C0042G, 25019C0061G, 25019C0062G, 25019C0063G, 25019C0064G, 25019C0066G,
25019C0067G, 25019C0068G, 25019C0069G, 25019C0082G, 25019C0083G, 25019C0084G,
25019C0086G, 25019C0087G, 25019C0088G, 25019C0089G, 25019C0091G, 25019C0092G,
25019C0093G, 25019C0094G, 25019C0103G, 25019C0111G, 25019C0112G, 25019C0113G,
25019C0114G, 25019C0132G, 25019C0151G, 25019C0152G, 25019C0156G, 25019C0157G,
25019C0176G, and 25019C0177G, dated June 9, 2014. The exact boundaries
of the District may be defined by the one-hundred-year base flood
elevations shown on the FIRM and further defined by the Nantucket
County Flood Insurance Study (FIS) booklet dated June 9, 2014. The
FIRM and FIS booklet are incorporated herein by reference and are
on file with the offices of Planning and Land Use Services and Conservation
Commission. In addition to meeting the requirements of district in
which a particular piece of land may lie all development which lies
within a boundary of the FHOD, including structural and nonstructural
activities alterations, additions, relocations and demolitions, must
be in compliance with MGL c. 181, § 40, and the requirements
of the Massachusetts State Building Code pertaining to construction
in floodplains and the following additional requirements:
(a)
VE Zones: All new construction, except water-related structures
such as piers, groins, and similar structures shall be located landward
of the reach of mean high tide. Man-made, alteration of sand dunes
which would increase potential flood damage is prohibited;
(b)
In Zones A and AE, along watercourses that have not had a regulatory
floodway designated, 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.
(c)
Base flood elevation data is required for subdivision proposals
or other developments greater than 50 lots or five acres, whichever
is the lesser, within unnumbered A Zones.
(d)
In a riverine situation, the Natural Resources Coordinator shall
notify the following of any alteration or relocation of a watercourse:
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Adjacent communities
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NFIP State Coordinator
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Massachusetts Department of Conservation and Recreation
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251 Causeway Street Suite 600-700
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Boston, MA 02114-2104
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NFIP Program Specialist
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Federal Emergency Management Agency, Region I
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99 High Street, 6th Floor
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Boston, MA 02110
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(e)
All subdivision proposals must be designed to assure that:
[1]
Such proposals minimize flood damage;
[2]
All public utilities and facilities are located and constructed
to minimize or eliminate flood damage; and
[3]
Adequate drainage is provided to reduce exposure to flood hazards.
(3) Existing regulations. All development in the district including structural
and nonstructural activities whether permitted by right, by site plan
review or by special permit, must be in compliance with the following:
(a)
Section of the Massachusetts State Building Code which addresses
floodplain and coastal high hazard areas (currently 780 CMR);
(b)
Wetlands Protection Regulations, Department of Environmental
Protection (DEP) (currently 310 CMR 10.00);
(c)
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
(d)
Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00);
(e)
Minimum Requirements for Subsurface Disposal of Sanitary Sewage,
DEP (currently 310 CMR 15, Title 5);
(f)
Any variances from the provisions and requirements of the above-referenced
state regulations may only be granted in accordance with the required
variance procedures of these state regulations;
(g)
All other, applicable Nantucket regulations and bylaws.
I. Harbor Overlay District (HOD).
(2) The purposes of the Harbor Overlay District are to
ensure that:
(a)
Existing water-dependent uses are not displaced
by nonwater-dependent uses;
(b)
Harbor waters and the immediate shoreline and
pier areas are zoned to protect water-dependent uses;
(c)
Commercial uses allowed by the underlying district
regulations are compatible with, support, or otherwise do not interfere
with water-dependent uses of the district; and
(d)
In new structures, replacement of commercial use with residential
use is limited, except where the lot(s) is located within a residential
zoning district.
(3) Uses allowed or permitted in this overlay district
are the same as those uses allowed or permitted in the underlying
district except as modified by the following:
(a)
No new nonwater-dependent use or extension of
an existing nonwater-dependent use on shorefront land shall:
[1]
Displace or significantly disrupt an existing
water-dependent use;
[2]
Unreasonably diminish the capacity of the site
to accommodate future water-dependent uses;
[3]
Impede or infringe upon existing public access.
(b)
In new structures located on shorefront land within a commercial
zoning district, residential uses shall only be allowed above the
first floors except for stairways and other mechanical or accessory
functions related thereto;
(c)
New residential uses shall not be established on pile-supported
structures over coastal waters with access from the HOD, except where
the lot is located within a residential zoning district;
(d)
Any new structure shall be set back a minimum
of 25 feet from the mean high water line.
(e)
Any new nonwater-dependent use shall be limited
to a maximum ground cover ratio of 50%.
(f)
New structures located on shorefront land within a commercial
zoning district, which in this subsection shall include extensions
of existing structures, shall contain the following water-dependent
uses and/or uses accessory to these water-dependent uses or provide
these on the lot:
[1]
Recreational boating-related: commercial marina;
boat ramp or other public boating access facilities; boat haul-out
facilities; boat repair and maintenance or waterfront facilities associated
with inland sites providing these services; launch service; fuel and
pump-out services; upland boat storage; services such as ice, laundry,
bait, provisions; businesses such as ship chandlery, fishing outfitter;
parking.
[2]
Commercial fishing related: berthing; loading/unloading
areas; gear storage facilities; parking; seafood wholesaler, retail
fish market.
[3]
Commercial charter boat: berthing, support facilities.
[4]
Waterfront public access and amenities (as an
enhancement to all other uses, except where water-dependent operations
would present a safety concern): public restrooms, seating, physical
access or view easement.
[5]
Passenger and cargo ferry pier and facilities.
(g)
Existing structures located within a commercial zoning district and used for residential purposes are exempt from Subsection
(f) and may be altered or extended, provided that the existing ground cover of the structure(s), as of April 1, 2017, is not increased by a total of more than 100 square feet.
(4) Additional requirements within the HOD.
(a)
Notwithstanding the provisions of §
139-23H(3) and
139-23I, all new commercial uses or extensions of commercial uses that increase the ground cover ratio of the lot or parking requirements, and which are not otherwise subject to major site plan review, shall be subject to minor site plan review by the Director of Planning designated by the Planning Board for site plan review purposes, and such professional planning staff to whom the Director of Planning shall delegate this responsibility, for all uses and expansions up to, and including, 3,999 square feet of gross commercial floor area (including roofed over area).
(b)
The Planning Board shall be the special permit
granting authority for all commercial uses requiring a special permit
within the HOD.
(c)
In reviewing a use or expansion requiring either a minor or major site plan review within the HOD, the Planning Board and/or the Director of Planning or his designee shall make a determination that the proposed use or improvements are generally consistent with site plan review standards contained in §
139-23, and with the standards set forth in §
139-12I.
(5) The following uses are prohibited in the Harbor Overlay
District:
(a)
Cruise ship terminals or support facilities
owned or operated in conjunction with vessels moored outside of the
Harbor.
(b)
Personal watercraft rental.
J. Solar Energy Overlay District (SEOD). Notwithstanding the provisions of §
139-7, solar energy facilities are permitted by right in the SEOD. This section shall apply to new land-based solar energy facilities and to physical modifications to existing land-based facilities that materially alter the type, configuration, or size of such facilities or related equipment.
(1) The Planning Board shall be the review authority for site plan review.
Any material modifications to the site or the installation following
site plan approval shall require a modification subject to approval
by the Planning Board.
(2) The following shall apply in addition to the requirements of §
139-23:
(a)
The Planning Board shall hold a public hearing for which notice
is provided as specified in MGL c. 40A, § 11;
(b)
Failure of the Planning Board to take action within 60 days
of the public hearing, as such hearing may be extended by consent
of the applicant, shall constitute an approval of the site plan and
associated application.
(3) In addition to the submission requirements of §
139-23, the following documentation is required:
(a)
The solar energy facility's manufacturer and model and the length,
width and height of the solar array;
(b)
Drawings of the large-scale ground-mounted solar photovoltaic
installation stamped by a professional engineer licensed to practice
in the Commonwealth of Massachusetts indicating the proposed layout
of the system and any potential shading from nearby structures;
(c)
One- or three-line electrical diagram detailing the large-scale
ground-mounted solar photovoltaic installation, associated components,
and electrical interconnection methods, with all National Electrical
Code complaint disconnects and overcurrent devices;
(d)
Documentation of the major system components to be used, including
the PV panels, mounting system, and inverter;
(e)
Name, address, and contact information for proposed large-scale
ground-mounted system installer;
(f)
An Emergency, Operation, and Maintenance Plan for the solar
energy facilities and any accessory structures or required equipment.
All means of shutting down the large-scale ground-mounted solar photovoltaic
installation shall be clearly marked on the equipment. Maintenance
shall include, but not be limited to, painting, structural repairs,
and integrity of security measures.
(4) Design standards.
(a)
Accessory structures and required equipment shall be clustered
on the site to the extent possible and screened from view from abutting
properties and rights of way to minimize visual impacts;
(b)
Lighting shall be limited to that required for safety and operational
purposes.
(c)
A sign providing the contact information of the owner or operator,
including a twenty-four-hour telephone number, shall be mounted on
the site in a visible location for emergency use;
(d)
To the extent possible, utility connections shall be installed
underground;
(e)
Land clearing shall be limited to the minimum amount necessary
for the construction, operation and maintenance of the large-scale
ground-mounted solar photovoltaic installation. The limits of clearing
shall be clearly identified on a site plan.
(5) Removal.
(a)
Any large-scale ground-mounted solar photovoltaic installation
which has reached the end of its useful life or has been abandoned
shall be removed no more than 150 days following the date of discontinued
operation. The owner or operator shall notify the Planning Board by
certified mail of the proposed date of discontinued operation and
plans for removal, which shall consist of:
[1]
Physical removal of all large-scale ground-mounted solar photovoltaic
installations, structures, equipment, security barriers and transmission
lines from the site.
[2]
Disposal of all solid and hazardous waste in accordance with
local state, and federal waste disposal regulations.
[3]
Stabilization or re-vegetation of the site as necessary to minimize
erosion. The Site Plan Review Authority may allow the owner or operator
to leave landscaping or designated below-grade foundations in order
to minimize erosion and disruption to vegetation.
(6) Abandonment.
(a)
Absent notice of a proposed date of removal or written notice
of extenuating circumstances, the solar photovoltaic installation
shall be considered abandoned when it fails to operate for more than
one year without the written consent of the Planning Board. If the
owner or operator of the large-scale ground-mounted solar photovoltaic
installation fails to remove the installation in accordance with the
requirements of this section within 150 days of abandonment or the
proposed date of decommissioning, the Town may enter the property
and physically remove the installation.
[Amended 4-10-2000 ATM by Art. 27, AG approval 8-2-2000;
4-15-2003 ATM by Art. 27, AG approval 8-27-2003; 9-21-2009 STM by
Arts. 10, 11, 12, 13, 14, 15, 16, AG approval 12-11-2009; 4-6-2015 ATM by Art. 64, AG approval 8-5-2015]
A. Permitted uses in all districts:
(1) Apartments for occupants age 55 or older or disabled.
(2) Elder housing facility (nursing home);
(3) Services and facilities for the benefit of the elderly,
long-term care residents, disabled persons, and/or others for whom
social-welfare programs may be provided.
C. The following additional uses are permitted in the
ALC District through the isuance of a special permit by the Planning
Board:
D. Additional requirements of the ALC District.
(1) Open area free from impervious surfaces: at least 20% as defined in §
139-16E;
(2) Minimum vegetative buffer area: 50 feet from all lot
lines, 75 feet from street lines (except as necessary for entrance
drives and utilities);
(3) Maximum number of units (excluding employee housing
and affordable housing): 75 dwelling units;
(4) The
requirement for off-street parking and loading facilities shall be
established by the Planning Board.
(5) The requirements of this §
139-14D may be waived through the issuance of special permit by the Planning Board based upon a finding that the requested relief is not substantially more detrimental to the neighborhood than the existing conditions.
[Amended 5-6-2023 ATM by Art. 58, AG approval 9-8-2023]
In addition to the principal buildings, structures
or uses permitted in a district, there shall be allowed in that district,
as accessory uses, such activities as are subordinate and customarily
incident to such permitted uses including, but not limited to, the
rental of rooms within an owner-occupied dwelling unit.