[Amended 10-30-1974 STM by Art. 7]
[Amended 5-4-1982 ATM by Art. 18]
1901.1.
In accordance with the provisions of MGL c.
40A, MGL c. 41, § 81I, the Home Rule Amendment (Article
89) to the Constitution of the Commonwealth of Massachusetts and every
other power that the Town of Wayland may exercise, the Zoning Board
of Appeals (ZBA) may grant special permits exempting planned developments
that satisfy the terms and conditions that may properly be imposed
pursuant to this article from certain regulations and restrictions
contained in this Zoning Bylaw for the purposes set forth in Chapter
808 of the Acts of 1975, Sections 2A and 6, and to achieve the following
objectives:
1901.1.1.
Development that conserves environmental features,
woodlands, wetlands, productive farms and areas of scenic beauty and
that preserves sites and structures of historical importance.
1901.1.2.
Development that encourages the construction
and location of multiresidence dwellings in certain sites, to preserve
open space in Wayland for all its inhabitants.
1901.1.3.
Development that provides for a variety of housing
in Wayland.
1901.1.4.
Development that will permit the Town to continue
to provide the same quality of municipal services without imposing
an increased financial burden on its citizens.
1902.1.
APPLICANT
BEDROOM
BUFFER
DETACHED UNIT
DEVELOPMENT SCHEDULE
DWELLING UNIT
LAND
MULTIRESIDENCE DWELLING OR BUILDING
PRIVATE OPEN SPACE
PUBLIC LAND
RESIDENTIAL LAND
STAGE OF DEVELOPMENT
WET AREAS
As used in this article, the following terms
shall have the meanings indicated:
The person or persons, including a corporation or other legal
entity, who applies or apply for issuance of a special permit hereunder.
The applicant must own, or be the beneficial owner of, all the land
included in the proposed planned development site or have authority
from the owner(s) to act for him or hold an option or contract duly
executed by the owner(s) and the applicant giving the latter the right
to acquire the land to be included in the site within a period of
60 days from the time that the applicant shall notify the owner(s).
A separate room intended for, or that customarily could be
used for, sleeping.
An area within a planned development site adjacent to its
boundaries, roads, streams and ponds that may not be developed except
as provided herein.
A building containing one dwelling unit.
[Amended 1-19-1977 STM by Art. 7]
A program showing the order of construction, and the sequence
of improvements, to be built or furnished in the planned development
site, defined by stages where applicable.
A residence. Each residence shall contain at least a kitchen-living
area, a bathroom and one or more bedrooms.
Land, including areas covered by water.
A building containing more than one dwelling unit.
Land included in the planned development site that is neither
public land nor residential land.
Land included in the planned development site that is donated
in fee, except for such encumbrances as may be permitted by the ZBA,
and accepted by the Town in connection with the planned development.
Land included in the planned development site that shall
be submitted by the applicant and conform to the provisions of MGL
c. 183A.
The work to be done and the number of structures to be built
within any of the time limits defined by the development schedule.
Include land situated within a floodplain or designated as
wetlands by the Conservation Commission pursuant to its authority
under MGL c. 131, § 40.
[Amended 5-8-1989 ATM by Art. 16]
1903.1.
In a Planned Development District, no building
or premises shall be used, nor shall any building or structure be
constructed, reconstructed, repaired or used, except as follows:
1903.1.1.
Any use permitted as of right by Article 9 of this Zoning Bylaw shall be permitted therein as of right. Prior to the issuance of a special permit by the ZBA under this article, a parcel of land included within a Planned Development District shall retain the residential zoning classification listed under § 198-705.1 applicable to it prior to such designation by Town Meeting as a Planned Development District.
1903.1.2.
Any use permitted if a special permit is obtained from the ZBA in accordance with the provisions of § 198-203 shall be permitted therein subject to the same proviso.
1903.1.3.
Multiresidence and detached unit condominium
dwellings shall be permitted therein, provided that a special permit
is obtained from the ZBA in accordance with the provisions of this
article.
[Amended 1-19-1977 STM by Art. 7]
1903.2.
No multiresidence or detached unit condominium dwelling shall be permitted in a planned development site in the event that the applicant shall have constructed or reconstructed any building or structure on residential land for any use permitted under § 198-1903.1.1 and 1903.1.2 above after a special permit shall have been granted to the applicant pursuant to § 198-1907.6 below.
[Amended 1-19-1977 STM by Art. 7]
1903.3.
For the convenience of a multiresidence condominium
development of which they will be a part, retail sales and service
establishments, including, without limitation, neighborhood variety
food stores and drugstores, but excluding gasoline service stations
or fast-food stores, shall be permitted, provided that:
1903.3.1.
No more than one such establishment shall be
permitted for each 100 dwelling units constructed.
1903.3.2.
No such establishment shall occupy more than
2,000 square feet of space.
1903.4.
In the event that access roads and underground utility services (other than sewage disposal facilities) are necessary for a planned development site, land abutting, but not included in, a Planned Development District may be used for such purposes, provided that such use shall have been approved by a two-thirds vote of a Town Meeting and that the ZBA shall have endorsed its approval thereof on a site plan of the proposed development pursuant to the provisions of Article 6 of this Zoning Bylaw, and further provided that:
[Amended 11-12-1975 STM by Art. 18; 5-8-1989 ATM by Art. 16]
1904.1.
Qualifying area.
1904.1.1.
To qualify as a planned development site, an
area of land in a Planned Development District shall contain at least
40 contiguous acres not divided by an existing street or aqueduct.
Additional areas may be permitted in a planned development site although
such areas are divided from the qualifying area by a street or aqueduct.
If additional areas are so included, then the qualifying area, together
with such additional areas, shall thereafter be treated as one indivisible
planned development site.
[Amended 5-8-1989 ATM by Art. 17]
1904.2.
Principles.
1904.2.1.
No application for a special permit shall be
approved unless the ZBA shall find:
1904.2.1.1.
That the proposed development
plan is financially sound.
1904.2.1.2.
That the applicant's associates,
professional advisers and contractors are qualified by training and/or
experience to develop real estate and to construct multiresidence
dwellings comparable to those proposed in accordance with the development
schedule set forth in his application.
1904.3.
Development schedule.
1904.3.1.
A development schedule shall be required that
considers the capacity of the applicant to develop, as well as the
ability of the Town to provide, public services in accordance with
the provisions of § 198-1901.1.4 above.
1904.4.
Open space coverage.
1904.4.1.
At least 70% of the area of a planned development
site shall consist of public land and private open space, and at least
35% of the area of a planned development site shall be public land.
1904.5.
Preservation of natural and historical features.
1904.5.1.
Natural and historical features of special interest,
including hilltops, cliffs and bluffs, ravines, attractive groves
of trees, biological habitats of special interest and views of unusual
charm, shall be preserved.
1904.6.
Ground coverage limitations.
1904.6.1.
No more than 15% of the total area of a planned
development site shall be occupied by structures, parking areas, roadways
and driveways, patios, storage spaces or enclosed areas; provided,
however, that buildings and structures erected on public land shall
not be included in this calculation.
1904.7.
Density of dwelling units.
1904.7.1.
The maximum number of dwelling units that may
be allowed in a planned development site shall be determined by the
ZBA in accordance with the following formula:
|
D = K (A-W)
| ||
|---|---|---|
|
Where:
| ||
|
D =
|
The maximum number of dwelling units.
| |
|
K =
|
The density factor.
| |
|
A =
|
The total number of acres in a planned development
site.
| |
|
W =
|
The number of acres of wet areas.
| |
1904.7.2.
The density factor (K) shall be a value recommended
by the Planning Board within the following ranges:
1904.7.2.1.
In a residence zone of
60,000 square feet, 1.0 to 1.4, inclusive.
[Amended 11-25-1975 STM by Art. 16]
1904.7.2.2.
In a residence zone of
40,000 square feet, 1.25 to 1.75, inclusive, based on the following
criteria:
1904.7.2.2.1.
The nature, size and
distribution of the wet areas in the site, as well as the soil drainage
conditions there;
1904.7.2.2.2.
The topography;
1904.7.2.2.3.
The amount and location
of land available for parking, access and unobstructed areas between
nearby buildings;
1904.7.2.2.4.
The extent to which the
plan provides access to county or state highways or other modes of
transportation; and
1904.7.2.2.5.
The acreage donated to the Town for public land in excess of the minimum amount set forth in § 198-1904.4 above.
1904.7.2.3.
In the event that it is
proposed to develop a planned development site in stages or over a
period of years, the Planning Board may recommend that the development
plan provide for greater concentration of density, or intensity of
land use, within some section or sections of the site than in other
sections; provided, however, that approval of such greater concentration
shall be offset by a smaller concentration in a section that shall
have been completed prior thereto, and provided further that the total
number of dwelling units in the planned development site shall not
exceed the maximum determined in accordance with the aforesaid formula.
1904.8.
Number of bedrooms.
1904.8.1.
The number of bedrooms in any planned development
shall not exceed twice the number of dwelling units permitted by the
special permit.
1904.9.
Distribution of bedrooms among dwelling units.
[Amended 1-19-1977 STM by Art. 7]
1904.9.1.
No more than 70% of the dwelling units in any
planned development site, or at the completion of any stage of construction
permitted in the development schedule, shall contain the same number
of bedrooms.
1904.9.2.
No more than 25% of the total number of bedrooms
permitted in any planned development site shall be contained in detached
units.
1904.10.
Maximum number of dwelling units per building.
1904.10.1.
No multiresidence dwelling
in a planned development site shall contain more than 10 dwelling
units.
1904.11.
Buffers.
1904.11.1.
No structure may be erected,
nor may any land be paved, within 100 feet of the perimeter of the
planned development site nor of any pond, stream or road (other than
ways or driveways not intended for public acceptance by the Town),
unless such construction shall have been recommended by the Planning
Board acting in accordance with the standards set forth in its regulations.
No structure or building, as defined in the most recent provisions
of the Building Code, may be erected on any portion of a planned development
site within 15 feet of public land, unless such construction shall
have been recommended by the Planning Board acting in accordance with
the standards set forth in its regulations. The ZBA may, nevertheless,
approve the construction in any such buffer of such structures, ways,
footpaths and bicycle paths, fences and other landscape constructions,
as well as bridges and recreational facilities recommended by the
Planning Board, if it shall determine that such construction and use
may be in harmony with the general purpose and intent of this Zoning
Bylaw.
[Amended 5-4-1982 ATM by Art. 19; 5-4-1982 ATM by Art. 20]
1904.12.
Visual scale.
1904.12.1.
The horizontal clearance
between any two principal structures shall be not less than the height
of the taller structure. Departure from the visual scale of single-family
development shall be minimized by limiting building length to 250
feet and limiting unbroken roof area to 2,500 square feet. Buildings
shall be located to assure privacy, promote views to outlying open
areas and reflect the character of the community in which they are
located.
[Amended 11-25-1975 STM by Art. 17; 5-8-1989 ATM by Art. 16]
1904.13.
Height.
1904.13.1.
No building or structure
shall be more than three stories in height or exceed 35 feet in height
from finished grade at any point.
1904.14.
Parking.
1904.14.1.
A minimum of two parking
spaces shall be provided for each dwelling unit. No lot providing
residential parking shall contain more than 25 parking spaces. Each
parking lot shall be screened from public ways, ways within the planned
development site and residentially zoned property adjacent to the
planned development site by building location, grading, fencing or
planting sufficient to minimize visibility of the parking lot from
such locations.
[Amended 5-8-1989 ATM by Art. 16]
1904.15.
Utilities.
1904.15.1.
All electric, gas, telephone
and water distribution lines shall be placed underground in accordance
with the regulations of the Planning Board, unless the ZBA shall grant
an exception to this requirement.
1904.16.
Access to public land.
1904.16.1.
The applicant shall construct
paths and trails leading to public lands and grant easements to the
Town in and over such trails and paths.
1904.17.
Roads.
1904.18.
Paths.
1904.18.1.
Paths for the use of residents
shall be attractively designed, with proper regard to convenience;
separation of vehicular, bicycle and pedestrian traffic; adequate
connectivity; and completeness of access to the various amenities
and facilities on the site.
1904.19.
Surface drainage.
1904.19.1.
The surface drainage system
shall be designed in accordance with the regulations of the Planning
Board.
1904.20.
Sewage disposal.
1904.20.1.
All wastewater treatment
and/or sewage disposal facilities shall be designed and constructed
in accordance with the most recent provisions of the Sanitary Code
promulgated by DEP, the regulations of the Board of Health and all
other laws pertaining thereto.
[Amended 5-4-1982 ATM by Art. 21; 5-8-1989 ATM by Art. 16]
1904.21.
Detached units.
[Amended 1-19-1977 STM by Art. 7]
1904.21.1.
The number of detached units
in any planned development site shall not exceed 20% of the total
number of dwelling units permitted.
1904.21.2.
The number of detached units
in any stage of development shall not exceed 40% of the total number
of dwelling units permitted in such stage.
1904.21.3.
In determining the number of detached dwelling units to be permitted, the ZBA may consider the recommendations submitted by the Planning Board pursuant to § 198-1906 below.
1904.22.
Lighting.
1904.22.1.
No building shall be floodlit.
Drives and parking areas shall be illuminated only by shielded lights
not higher than 15 feet.
[Added 5-8-1989 ATM by Art. 16]
1904.23.
Affordable dwelling units.
[Added 5-8-1989 ATM by Art. 17]
1904.23.1.
As a condition of a special
permit, the ZBA shall require, on site and within the development,
the provision of low-income housing units amounting to at least 10%,
and moderate-income units amounting to at least 5%, of the development's
total number of dwelling units. The low- and moderate-income units
to be provided shall meet the standard for low- and moderate-income
housing established by the Massachusetts Department of Housing and
Community Development and the Federal Department of Housing and Urban
Development with regard to size, quality and characteristics. The
distribution of unit sizes and determination of occupancy characteristics
(i.e., individual or family) shall be made by the ZBA, after consultation
with the Wayland Housing Authority, at the time of the granting of
the permit.
1904.23.2.
Any such low- and moderate-income
dwelling unit shall be sold, or leased in perpetuity, on terms affordable
to households or individuals with incomes not exceeding those defined
as "low income" by the Federal Department of Housing and Urban Development
and the Massachusetts Department of Housing and Community Development,
at the election of the Wayland Housing Authority, to the Wayland Housing
Authority. Said Authority shall have the exclusive option to purchase
or lease the unit(s).
1904.23.3.
The deed to units conveyed
to the Wayland Housing Authority shall provide good and clear record
and marketable title, free from mortgages and any taxes, betterments,
Town service fees or similar financial encumbrances then due and owing.
1904.23.4.
Such low- and moderate-income
units shall be conveyed or leased prior to the issuance of occupancy
permits for 25% of the project's total number of units.
1904.23.5.
In determining the number
of units to be provided in accordance with § 198-1904.23.2
through 1904.23.4 above, a fractional unit of 1/2 or more shall be
regarded as a whole unit; less shall be deemed not to impose a required
unit.
1905.1.
An application for a special permit to develop a planned development site shall be submitted on forms furnished by the Planning Board to the ZBA. Written notice containing a copy of said plan shall be given by the applicant to the Town Clerk, the Conservation Commission, the Finance Committee, the Fire Chief, the Board of Health, the Building Commissioner, the Park and Recreation Commissioners, the School Committee, the School Building Planning Committee, the Selectmen, the Commissioners of the Water Department and the Planning Board. Each such application shall be accompanied, if applicable, by a definitive plan of land pursuant to the provisions of MGL c. 41, §§ 81O and 81T, as the same may be amended from time to time, a filing fee determined in accordance with § 198-1914 below and a development plan containing the following information and data:
1905.1.1.
The name(s) and address(es) of the applicant
and all legal and beneficial owners of the site; copies of all instruments,
options, contracts or encumbrances affecting ownership of the planned
development site, together with the opinion of an attorney concerning
the state of the title; and an instrument executed by all persons
owning property within the site agreeing that the development is desired.
1905.1.2.
A plan, suitable for recording, of the planned
development site showing all structures and improvements on the site;
all ways and utilities serving the same; and all lot lines, easements
and rights-of-way of record.
1905.1.3.
All information required by the Planning Board
regarding the training and experience of the applicant, his associates,
professional advisers and contractors in the development and management
of real estate and the construction of multiresidence dwellings, as
well as their respective financial positions. Such information may
include a list of all persons and organizations with whom or which
he has been associated in the development of real estate during the
past 10 years, including their addresses and the names of their principal
officers, as well as all sources of credit upon which he relies to
acquire, develop and manage the planned development site. The applicant
shall furnish copies of such transcripts, records, letters of intent
and contracts, as well as all other documentation that the Planning
Board may require to determine whether the applicant is qualified
to undertake and complete the proposed planned development and whether
his plan for financing the same is sound.
1905.1.4.
A proposed development schedule showing the
beginning of construction; the rate of construction and development,
including stages, if applicable; and the estimated date of completion.
1905.1.5.
Information showing the effect, from time to
time, of the development on the Town's capacity to furnish services,
including but not limited to schooling, roads, water and sanitation.
1905.1.6.
A map, to the scale required by the Planning
Board, of the planned development site and the community surrounding
the same, to a distance of 1/2 mile, and showing all proposed points
of interconnection, including roads, open space, utilities and schools.
1905.1.7.
A plan or plans, to the scale required by the
Planning Board, showing the topography of the site at a minimum of
two-foot intervals, as well as vegetation and special features, including
all woodlands, wetlands, groups of trees or individual trees worthy
of preservation, rock outcroppings, significant slopes, trails and
paths, flowing streams and drainageways, ponds, productive agricultural
lands, open vistas, structures of historical importance and biological
or wildlife habitats.
1905.1.8.
Plans for the preservation of the vegetation
and special features shown on said plan.
1905.1.9.
All information that the Planning Board may
require to determine limitations on private open space, ground coverage
and density.
1905.1.10.
Information regarding the
number and kind of proposed dwelling units, including their location,
the number of bedrooms planned, the anticipated sale prices and population
projections pertaining thereto.
1905.1.11.
A plan or plans, to the
scale required by the Planning Board, showing existing and proposed
contours; roads; lighting, utility and sewage systems; and the areas
to be set aside for public land, for private open space, for municipal
facilities, for buffers, for building structures and for parking areas.
1905.1.12.
A model or models illustrating
preliminary landscaping and architectural design, showing types, location
and layout of buildings and typical elevations, as well as the general
height, bulk and appearance of structures. Perspective drawings may
be required.
1905.1.13.
A report showing the manner
of construction of structures and describing structural and paving
materials, all in accordance with the minimum standards prescribed
in the most recent provisions of the Building Code and all other laws
and regulations pertaining thereto.
[Amended 5-4-1982 ATM by Art. 22]
1905.1.14.
Information showing the
proposed street name and numbering system and any supplementary methods
proposed for identifying places and residences in the site.
1905.1.15.
The organization that the
applicant proposes to form to own and maintain the residential land,
including forms and plans to be used to organize and manage the same.
1905.1.16.
Copies of all proposed covenants,
easements and other restrictions that the applicant proposes to grant
to the Town, utility companies, the condominium and the owners thereof,
including plans of land to which they are intended to apply.
1905.1.17.
Proposals for the disposition
of sanitary waste and stormwater.
1906.1.
Pursuant to § 198-1905 above, when submitting an application to the ZBA for a special permit pursuant to § 198-1907 herein, the applicant shall submit a copy of the proposed development plan to the Planning Board and the Board of Health. Where definitive plan approval shall be required pursuant to the Subdivision Control Law and the rules and regulations of the Planning Board,[1] the Planning Board may consider the submittal of the development
plan as a partial fulfillment of definitive plan requirements and,
to the extent feasible, shall consolidate procedures required for
review of said plans with the ZBA. Where the development plan does
not require approval under the Subdivision Control Law, within 35
days after receipt of such development plan, the Planning Board and
the Board of Health may file with the ZBA a written report recommending
approval, approval with modifications or disapproval of such development
plan, stating reasons therefor. Failure by the Planning Board or the
Board of Health to file such a report shall be deemed a lack of opposition
thereto. Nothing in this article shall be deemed to modify the powers
of the Planning Board or the Board of Health under the Subdivision
Control Law or the rules and regulations of the Planning Board, where
applicable.
[Amended 5-8-1989 ATM by Art. 16]
1907.1.
The ZBA shall review an application for a special
permit for a planned development in accordance with the provisions
of MGL c. 40A, §§ 9 and 11, as may be amended. The
ZBA shall hold a public hearing not less than 35 days nor more than
65 days after the filing of the application. Where the planned development
shall also require approval of a definitive plan by the Planning Board,
the ZBA shall, to the extent feasible, consolidate its procedures
with those of the Planning Board. Failure by the ZBA to take final
action upon an application for a special permit within 90 days following
the date of public hearing shall be deemed to be a grant of the special
permit applied for.
[Amended 5-4-1982 ATM by Art. 18; 5-8-1989 ATM by Art. 16]
1907.2.
In the event that the ZBA shall decide, after
the conclusion of such hearing, not to grant such a special permit,
it shall notify all parties in interest of its decision as provided
in MGL c. 40A, § 15, as the same may be amended from time
to time.
[Amended 5-4-1982 ATM by Art. 18]
1907.3.
If, on the other hand, the ZBA shall be inclined
to grant such a special permit, it shall, within 45 days after the
date of the conclusion of the public hearing, send to the applicant
a proposed special permit containing the approved development plan,
as well as such conditions and safeguards it deems appropriate to
assure that the approved site shall be developed in complete harmony
with the general purpose and intent of MGL c. 40A, § 9,
and this Zoning Bylaw. Without limiting this general purpose and intent,
such conditions and safeguards shall include:
[Amended 5-4-1982 ATM by Art. 18; 5-8-1989 ATM by Art. 16]
1907.3.1.
A requirement that the applicant shall submit
the following to the ZBA:
1907.3.1.1.
A plan, suitable for recording,
showing all the public land, the private open space and the residential
land in the planned development site.
1907.3.1.2.
A deed conveying to the
Town a good and clear record and marketable title free of all encumbrances
(except for such encumbrances as may be permitted by the ZBA) to all
land designated as public land on the approved development plan.
1907.3.1.3.
An instrument, suitable for recording pursuant to the provisions of MGL c. 184, §§ 26 through 33, imposing a conservation restriction for the benefit of said public land upon all land designated private open space on the approved development plan but reserving to the grantor the right to use and develop the same in accordance with the provisions of § 198-1911 below. Said restriction shall be enforceable by the Town of Wayland pursuant to the provisions of MGL c. 184, § 30.
1907.3.1.4.
A master deed, duly executed
and recorded by the applicant, submitting all residential land to
the provisions of MGL c. 183A, as well as a copy of the bylaws duly
adopted by the organization of unit owners.
1907.3.2.
A development schedule, bearing the signature
of the applicant, showing dates for:
1907.3.2.1.
Commencement of development
within one year after recording of the special permit applied for;
1907.3.2.2.
Completion of each stage
of the proposed development, if applicable;
1907.3.2.3.
The recording of covenants,
restrictions and/or easements in private open space; and
1907.3.2.4.
Completion of the planned
development.
1907.3.3.
Negotiable instruments, deposits of money and/or
a performance bond of a surety company qualified to do business in
Massachusetts and satisfactory to the ZBA shall be furnished and maintained
by the applicant, and a covenant shall be executed and recorded by
the applicant, running with the land, which covenant shall be sufficient,
in the opinion of the ZBA, to secure adherence by the applicant to
the approved development plan and performance of such plan in accordance
with the development schedule set forth therein. All such covenants
shall provide that the applicant shall pay $50 to the Town, as liquidated
damages, for each day that shall pass after the expiration of 90 days
from the time that any work shall not have been completed as required
by the development schedule, unless said work shall have stopped for
a period of 30 days under a court order or if it shall be stopped
or delayed through no act or fault of the applicant or of any of the
contractors that he has engaged to develop the site.
1907.3.4.
A requirement that the professionals and principals
named in the development plan shall continue to participate in the
development in the capacities specified in the approved plan, unless
the ZBA shall have modified the permit as hereinafter provided.
1907.3.5.
Regulations to minimize inconveniences to residents
in the general area, whether of noise, vibration, dust, blocking of
Town roads or otherwise.
1907.3.6.
A requirement that as-built drawings shall be
filed with the Building Commissioner upon completion of each stage
of the development.
1907.4.
The applicant shall, within 15 days after he receives a copy of the proposed special permit from the ZBA, notify said Board of his acceptance of, or his refusal to accept, all the conditions and safeguards set forth therein. In the event that the applicant shall notify the ZBA that he accepts all such conditions, he shall file with his notice copies of the plan and the instruments that he proposes to submit pursuant to § 198-1907.5 below to satisfy the requirements of § 198-1907.3.1 through 1907.3.3 above. In the event that the applicant shall not, within said period, notify the ZBA that he accepts all of said conditions and safeguards or if he shall fail to submit copies of the aforesaid plan and instruments, the ZBA shall be deemed to have denied approval of the development plan and his application for a special permit. The ZBA and the applicant may, nevertheless, agree to a change in any such conditions, and the ZBA may, at the request of the applicant, extend the time during which the applicant shall notify the ZBA of his acceptance, or refusal to accept, the proposed conditions and safeguards.
[Amended 5-8-1989 ATM by Art. 16]
1907.4.1.
Within 10 days after he has notified the ZBA
of his acceptance, the applicant shall deliver to said Board all of
the documents described in § 198-1907.3.1 through 1907.3.3
above, except the instrument and master deed required by § 198-1907.3.1.3
and 1907.3.1.4 above, together with any and all other instruments
and fees that may have been imposed as a condition or safeguard upon
exercise of the special permit applied for.
[Amended 5-8-1989 ATM by Art. 16]
1907.5.
Within 15 days after receipt of all such material,
the ZBA may grant such special permit to the applicant in accordance
with the procedure set forth in said MGL c. 40A, § 11, subject,
however, to such conditions and safeguards as it may impose pursuant
to MGL c. 40A, § 9.
[Amended 5-4-1982 ATM by Art. 18; 5-8-1989 ATM by Art. 16]
1907.6.
The ZBA shall have no power to issue a special
permit under this article:
1907.6.1.
After the expiration of 36 months from the date
on which the Attorney General shall have approved the bylaw amendment
designating a Planned Development District for which the special permit
is sought, unless, after the expiration of such thirty-six-month period,
the consent of all but one of the members of the Planning Board shall
be given to the issuance of a special permit in the manner provided
by MGL c. 40A, § 9. Such consent by all but one of the members
of the Planning Board shall be effective for 12 months from its date
and may be extended for additional twelve-month periods by similar
vote of the Planning Board.
[Amended 5-4-1982 ATM by Art. 18]
1908.1.
No permit for the construction or alteration
of any structure, or for any new use of a structure or of land, in
a planned development site shall be granted by the Building Commissioner
or permitted by the Zoning Enforcement Officer until the Planning
Board shall have reviewed a copy of each application for a building
permit and/or a use permit submitted to it by the applicant and notified
said officials, in writing, that:
1908.1.1.
Less than one year has expired since the grant
of the special permit or that a building or use permit has previously
been granted for said site;
1908.1.2.
The applicant has delivered the instrument required
by § 198-1907.3.1.3 above to the ZBA;
1908.1.3.
The applicant has obtained binding commitments
for the financing required to complete the stage of development proposed
or in progress in residential land or that he has irrevocably committed
personal funds sufficient for this purpose; and
1908.1.4.
The construction and/or use proposed is in substantial
compliance with the definitive plan of the subdivision, where applicable,
the planned development plan and this Zoning Bylaw. In the event that
20 days shall have elapsed after the Planning Board has received a
copy of such application without submitting the aforesaid notification,
the permit may issue as if the Planning Board had so notified the
Building Commissioner and Zoning Enforcement Officer.
1908.2.
In the event that the Planning Board shall determine that the applicant has not satisfied the conditions and safeguards set forth in § 198-1908.1 above or that any schedule, construction or use applied for will vary any of the following by 10% or more from the approved planned development plan, it shall recommend that the Building Commissioner and Zoning Enforcement Officer withhold a permit therefor pursuant to the provisions of MGL c. 40A, § 7, as the same may be amended from time to time:
[Amended 5-4-1982 ATM by Art. 18]
1908.2.1.
The amount and location of ground coverage,
including buffers.
1908.2.2.
Adherence to the development schedule.
1908.2.3.
The density and types of dwelling units and
the size.
1908.2.4.
The number of parking spaces required.
1908.2.5.
The location of utility facilities.
1908.2.6.
The location of paths, ways and traffic.
1908.3.
In such event, the applicant may either appeal
such decision of the Zoning Enforcement Officer pursuant to the provisions
of MGL c. 40A, §§ 8 and 15, or apply for modification
of his special permit as provided hereinbelow.
[Amended 5-4-1982 ATM by Art. 18]
1909.1.
In addition to the powers conferred upon it
by MGL c. 41, § 81W, the Planning Board shall have the power,
on its own motion or on the petition of any person interested, to
recommend that the ZBA modify or amend its approval of the development
plan annexed to its special permit, provided that no such recommendation
may be filed until the Planning Board shall have satisfied the requirements
of § 198-1306 above.
1909.2.
No modification of the provisions of said development
plan, or part thereof, contained in the special permit shall nevertheless
be made, nor shall it be impaired by the Town, except with the written
consent of the applicant.
1910.1.
In the event that the applicant shall abandon
the work described in the approved development plan, or any portion
or stage thereof, for a period of 120 days or if he shall fail to
commence said work within the time prescribed in § 198-1907.3.2.1
above, the ZBA may, after a hearing duly called and conducted in accordance
with MGL c. 40A, §§ 11 through 15, cause notice of
abandonment to be recorded in the Middlesex South District Registry
of Deeds.
[Amended 5-4-1982 ATM by Art. 18]
1910.2.
No such notice shall be recorded, however, in
the event that the holder of any security interest in the planned
development site who has exercised his right to take possession of
the mortgaged property and to proceed to completion of the work that
he has contracted to finance shall have delivered an instrument to
the ZBA, assented to by the applicant, accepting all the conditions
and safeguards set forth in the special permit, as the same may have
been modified from time to time, and such holder or holders shall
thereupon be deemed the applicant hereunder.
1910.3.
Notwithstanding anything herein to the contrary,
a special permit granted hereunder shall lapse if construction thereunder
is not begun within two years from the date of such grant, except
for good cause.
[Amended 5-8-1989 ATM by Art. 16]
1910.4.
Upon the recording of a notice of abandonment,
no further development shall take place in the development site unless
the applicant shall have complied with the zoning and subdivision
control regulations that would otherwise be applicable thereto.
1911.1.
Use of private open space.
1911.1.1.
No construction in, or development of, private
open space shall be permitted unless the ZBA shall have approved any
of the following uses in said open space in its special permit:
1911.1.1.1.
Utility structures and
facilities.
1911.1.1.2.
Structures and facilities
accessory thereto, designed for agricultural and/or recreational purposes,
including structures designed to be used for the purposes and subject
to the terms and conditions of § 198-901.1.7.2.[1]
1911.2.
Use and maintenance of residential land.
1911.2.1.
No person shall occupy any structure constructed
in the planned development site unless the Building Commissioner shall
find that such structure, the land on which it is located and the
improvements associated therewith have been submitted by the applicant
and conform to the provisions of MGL c. 183A.
1911.2.2.
In the event that any organization established
under MGL c. 183A, §§ 8 and 10 through 12, shall at
any time fail to maintain its common areas and facilities in reasonable
order and condition in accordance with the development plan set forth
in the special permit, as the same may have been amended or modified
from time to time, the Building Commissioner may serve written notice
upon such organization, or upon the residents of the planned development,
setting forth the manner in which the organization has failed to maintain
its said areas and facilities in reasonable condition, and said notice
shall include a demand that such deficiencies of maintenance be cured
within 30 days thereof and shall state the date and place of a hearing
thereon, which hearing shall be held within 14 days of the notice.
If the deficiencies set forth in the original notice shall not be
cured within said 30 days, or any extension thereof, the Town may
maintain the same in reasonable condition, at the expense of such
organization, and/or pursue any and all remedies that may be available
to it under MGL c. 40, § 31, MGL c. 40A or otherwise to
assure the continued maintenance of all such residential land.
1911.2.3.
No portion of any common areas and facilities
shall be sold or otherwise disposed of by such organization unless
the Town shall have been given written notice of its intent to sell
and 60 days to exercise a right of first refusal.
1911.2.4.
No portion of any condominium shall be removed
from the provisions of said MGL c. 183A without the consent thereto
by a two-thirds vote of a Town Meeting.
1912.1.
All persons applying for a special permit to
the ZBA seeking an exception under this article to the regulations
and restrictions contained in this Zoning Bylaw acknowledge that their
proposal to construct multiresidence dwellings in the Town of Wayland
will be considered by the ZBA by reference to the Town's objective
to preserve open space for all its inhabitants by permitting a greater
density of dwelling units in Planned Development Districts than would
otherwise be permitted by law, and their offer to convey property
shown as public land in their development to the Town shall be construed
in satisfaction of a condition that the ZBA may lawfully impose pursuant
to MGL c. 40A, § 9, so that exceptions sought by applicants
shall always be in harmony with the general purpose and intent of
this Zoning Bylaw.
[Amended 5-4-1982 ATM by Art. 18]
1913.1.
The Planning Board may prescribe from time to
time rules and regulations to supplement the standards and conditions
set forth in this article, provided that:
1913.1.1.
Said rules and regulations are not inconsistent
with said standards and conditions;
1913.1.2.
A copy of said rules and regulations is filed
in the office of the Town Clerk; and
1913.1.3.
Any amendment or change of said rules and regulations
shall not apply to any application that shall have been submitted
prior to such filing.
1914.1.
General principles.
1914.1.1.
In accordance with the provisions of MGL c. 40, § 31, MGL c. 40A, § 7, MGL c. 41, § 81U, and Chapter 1, General Provisions, Article II, Violations and Penalties, of the Code of the Town of Wayland and every other authority and power that may have been, or may hereafter be, conferred upon it, the Town may enforce the conditions and safeguards imposed on the exercise of special permits under this article in equity or at law and recover from the applicant, his successor or approved assignee(s) all moneys that may be required to complete the approved development plan.
[Amended 5-4-1982 ATM by Art. 18]
1914.1.2.
The penalty provisions of this Zoning Bylaw
may be imposed upon the applicant, his general agent, tenant(s), architect(s),
contractor(s) or any and all persons having an interest in the development
site, including a mechanic's lien, mortgage or attachments.
1914.1.3.
The Town of Wayland shall be the beneficiary
of all fines imposed on account of the violation of this Zoning Bylaw
to defray the expense of enforcing the same.
1914.1.4.
All provisions of the approved development plan
shall run in favor of the residents thereof, but only to the extent
expressly provided in the plan and in accordance with the terms of
the plan, and to that extent said provisions, whether recorded by
plan, covenant, easement or otherwise, may be enforced at law or in
equity by said residents acting individually, jointly or through their
organization.
1914.2.
Stop order.
1914.2.1.
In the event of a violation of law, an unauthorized
sale or lease of the approved development site, development that deviates
from the approved development plan, any use of the property that is
not permitted in the development site or the failure to maintain residential
land or if the applicant shall otherwise fail or neglect to comply
with the conditions and safeguards imposed on the exercise of his
special permit, the Zoning Enforcement Officer or the Building Commissioner
may deliver a stop order to the applicant or his agent by certified
mail, return receipt requested, and by posting the same in a conspicuous
location in said site. The order shall describe the nature of the
violation and the date on which said order shall expire, which date
shall not be six days later than the date of the order.
1914.2.2.
Any person who shall violate the provisions
of a stop order shall be deemed in violation of this Zoning Bylaw.
1914.2.3.
Failure of the Town to deliver a stop order
for any reason shall not prevent the Town from pursuing any other
legal remedy permitted under law.
1915.1.
To reimburse the Town for the expense of processing
the various applications provided for hereinabove, the ZBA may from
time to time adopt and promulgate in its regulations a schedule of
fees payable by the applicant, a copy of which shall be kept on file
and available in the office of the Town Clerk.
