The intent of major residential development (MRD) provisions
is to allow greater flexibility and creativity in residential development
and to assure a public voice and public authority in consideration
of development in order to gain the following:
A.
Location of development on sites best suited for building, and protection
of land not suited for development, reflecting such considerations
as:
(1)
Permanent preservation of open space for conservation or recreational
use, especially in large contiguous areas within the site or linked
to off-site protected areas;
(2)
Enhancement of agricultural and forestry uses;
(3)
Protection of water bodies, streams, wetlands, wildlife habitats,
and other natural resources;
(4)
Protection of the character of the community through preserving open
space within view from public roads, preservation of stone walls and
other historic landscape features, preservation of scenic vistas,
and siting of dwellings at low-visibility locations;
(5)
Preservation of historical and archaeological resources;
(6)
Protection of street appearance and capacity by avoiding development
close to or having egress directly onto existing streets.
B.
To facilitate construction and maintenance of public facilities and
services such as streets and utilities in a more economical, environmentally
sensitive, and efficient manner.
C.
Promotion of social and economic diversity, including, but not limited
to, development of mixed-income housing and housing for persons over
55 years of age.
D.
Privacy for residents of individual lots through sensitive siting
of buildings and better overall site planning.
E.
Avoidance of unnecessary development cost and protection of value
of real property.
F.
To perpetuate and promote the appearance of the Town's New England
character.
G.
To offer an alternative to standard subdivision development.
In accordance with the following provisions, a MRD project may
be created, whether a subdivision or not, from any parcel or set of
contiguous parcels held in common ownership and located entirely within
the Town; provided, however, that an MRD shall contain no less than
10 lots or dwelling units.
The following terms shall have the following definitions for
the purposes of this article:
Affordable to persons in the area under the applicable guidelines
of the Commonwealth's Department of Housing and Community Development
earning less than 50% of the median income.
Affordable to persons in the area under the applicable guidelines
of the Commonwealth's Department of Housing and Community Development
earning more than 80% but less than 120% of the median income.
Affordable to persons in the area under the applicable guidelines
of the Commonwealth's Department of Housing and Community Development
earning more than 50% but less than 80% of the median income.
An MRD may be authorized upon the issuance of a special permit
by the Planning Board. Applicants for major residential development
shall file with the Planning Board plans conforming to both requirements
of the Subdivision Rules and Regulations[1] and the following:
A.
A development plan conforming to the requirements for a definitive
plan as set forth in the Subdivision Rules and Regulations of the
Planning Board.
B.
Where wetland delineation is in doubt or dispute, the Planning Board
may require appropriate documentation.
C.
Data on proposed wastewater disposal, which shall be referred to
a consulting engineer for review and recommendation.
D.
The Planning Board may also require as part of the development plan
any additional information necessary to make the determinations and
assessments cited herein, including but not limited to the following:
(1)
Existing site conditions. Location and boundaries of the site, water
bodies, streams and wetlands (delineation to be acceptable to the
Conservation Commission in accordance with the Massachusetts Wetlands
Protection Act prior to the Planning Board rendering a decision on
the MRD application), topography at two-foot intervals, identification
of land having slopes in excess of 25%, identification of general
cover type (wooded, cropland, etc.), location of designated natural
or cultural resources, and existing ways;
(2)
Context information. Ownership and use of abutting properties, location
of existing buildings within 50 feet of the premises, location of
any wells within 100 feet of the premises.
(3)
Proposals. Proposed lot lines, streets and ways, building envelopes,
water system, sewage disposal proposals, drainage system, indication
of vegetation removal and retention; and proposed vegetation, common
open space, and other land for nonresidential use;
(4)
Landscape plan. Identifying areas of retained vegetation, proposed
plantings, proposed restrictions upon vegetation alteration, and other
elements of an integrating conceptual landscape design.
(5)
Documentation of consultation with the Bellingham Historical Commission
regarding any historical and archaeological resources and evidence
that all feasible efforts have been made to avoid, minimize, or compensate
for any damage to those resources.
(6)
Such other information as the Planning Board may reasonably find
necessary for making informed determinations on the proposal.
E.
Floor plans and elevations for any proposed buildings other than
detached single-family dwellings and typical accessory structures
(e.g., sheds, garages).
F.
Indication of each landowner's interest in the land to be developed,
the form of organization proposed to own and maintain any proposed
common open space, the substance of covenants and grants of easements
to be imposed upon the use of land and structures, and a development
schedule, indicating cumulative maximum number of dwelling units proposed
to be completed by the end of each year in the schedule and the latest
date of completion for any proposed community facilities, which schedule
as approved or amended and approved shall be made part of the special
permit decision.
G.
Narrative and tabular materials describing the proposal, including
the number and size of dwelling units; proposed project phasing; and
any provisions being made to target special occupancies, such as for
the elderly or for affordable housing.
I.
Any additional information necessary to make the determinations and assessments cited in § 240-97, Decision basis.
J.
Plans satisfying requirements for stormwater management, as may be
governed by local, state and federal authorities.
The Planning Board shall solicit comments, reports, memoranda
and/or testimony from the DPW, Board of Health, Fire Department, Conservation
Commission and other local boards or officials as may be necessary.
The Planning Board may request that the applicant meet with such entities
prior to the close of any hearing hereunder.
Each development plan shall follow the design process outlined
below. When the development plan is submitted, applicants shall be
prepared to demonstrate to the Planning Board that this design process
was considered in determining the layout of proposed streets, house
lots, and contiguous open space.
A.
Understanding the site. The first step is to inventory existing site
features, taking care to identify sensitive and noteworthy natural,
scenic and cultural resources on the site, and to determine the connection
of these important features to each other.
B.
Evaluating site context. The second step is to evaluate the site
in its larger context by identifying physical (e.g., stream corridors,
wetlands), transportation (e.g., road and bicycle networks), and cultural
(e.g., recreational opportunities) connections to surrounding land
uses and activities.
C.
Designating the contiguous open space. The third step is to identify
the contiguous open space to be preserved on the site. Such open space
should include the most sensitive and noteworthy resources of the
site, and, where appropriate, areas that serve to extend neighborhood
open space networks.
D.
Location of development areas. The fourth step is to locate building
sites, streets, parking areas, paths and other built features of the
development. The design should include a delineation of private yards,
public streets and other areas, and shared amenities, so as to reflect
an integrated community, with emphasis on consistency with the Town's
historical development patterns.
E.
Lot lines. The final step is simply to draw in the lot lines (if
applicable).
The Planning Board encourages applicants for an MRD to modify
lot size, shape, and other dimensional requirements for lots within
an MRD, subject to the following limitations:
A.
Lots having reduced area or frontage shall not have frontage on a
street other than a street created by the MRD; provided, however,
that the Planning Board may waive this requirement where it is determined
that such reduced lot(s) are consistent with existing development
patterns in the neighborhood.
B.
At least 50% of the required side and rear yards in the district
shall be maintained in the MRD.
The basic maximum number of dwelling units allowed in an MRD
shall not exceed the number of lots which could reasonably be expected
to be developed upon the site under a conventional plan in full conformance
with all zoning, subdivision regulations, health regulations, wetlands
regulations and other applicable requirements. The proponent shall
have the burden of proof with regard to the design and engineering
specifications for such conventional plan.
The Planning Board may award a density bonus to increase the
number of dwelling units beyond the basic maximum number. The density
bonus for the MRD shall not, in the aggregate, exceed 20% of the basic
maximum number. Computations shall be rounded to the lowest number.
A density bonus may be awarded in the following circumstances:
A.
For each additional 10% of the site (over and above the required
40%) set aside as contiguous open space, a bonus of 5% of the basic
maximum number may be awarded.
A.
As a condition of the grant of any special permit for an MRD, a minimum
of 15% of the total number of dwelling units shall be restricted,
in perpetuity, in the following manner:
(1)
Five percent of the units shall be affordable to persons or families
qualifying as low income; and
(2)
Five percent of the units shall be affordable to persons or families
qualifying as moderate income; and
(3)
Five percent of the units shall be affordable to persons or families
qualifying as median income.
B.
The Planning Board may waive or partially waive the affordability
component for projects of 10 units or less, provided that the applicant
can show that including affordable units is an unreasonable financial
burden.
A.
Existing street protection. There may not be a larger number of lots
relying on frontage on a street other than one created by the development
involved than would be expected under a conventional plan.
B.
Building envelope. Principal buildings, accessory buildings, and
parking, both initially and through subsequent additions and alterations,
shall be located within a designated building envelope. Such envelopes
shall not exceed 40% of the lot area (exclusive of wetlands) of the
lots they are on, and shall be located consistent with the following.
(1)
Building envelopes shall include no land within front, side and rear yards based upon requirements contained in the Intensity of Use Schedule of § 240-40 applied as follows:
(a)
For yards measured from the boundary line at the perimeter of
the MRD, the requirements for the Suburban District shall apply.
(b)
For yards not measured from the perimeter boundary, the requirements
for the Residential (R) District shall apply, except that the Planning
Board in acting on the special permit approval may authorize a reduction
of up to 50% in those requirements upon its determination that such
reduction results in better design, improved protection of natural
or cultural resources, and adequate protection of privacy and safety.
(2)
Building envelopes shall include no land within any wetland, floodplain,
or slope in excess of 25%.
(3)
Building envelopes shall not be located within 100 feet of any designated
natural or historic resources unless, in approving the MRD special
permit, the Planning Board determines that either such buffering is
inappropriate, as in the case of proposing an architecturally compatible
building in the vicinity of an historic structure, or that meeting
these resource buffers would leave otherwise developable property
without economically beneficial use, and that the relief granted is
the minimum necessary to allow economic use.
(4)
Where possible, building envelopes shall avoid damage to areas of
visual importance, such as ridgelines, open fields, or dense vegetation
buffering development from existing roads.
The principal roadway(s) serving the site shall be designed
to conform to the standards of the Town where the roadway is or may
be ultimately intended for dedication and acceptance by the Town.
Private ways must be proven to be adequate for the intended use and
vehicular traffic and shall be maintained by an association of unit
owners or by the applicant.
Each dwelling unit shall be served by at least two off-street
parking spaces. Parking spaces in front of garages may count in this
computation.
Elements such as any protected open space areas, street trees,
stream buffer areas, other buffers, cul-de-sac planting areas, and
outstanding specimen trees or tree groupings shall be used as part
of an integrated conceptual design uniting the various elements of
the site and preserving and enhancing its natural and scenic resource
elements.
A.
Existing trees and indigenous vegetation shall be retained to the
extent reasonably feasible, except where the Board concurs that removal
is preferable for opening views from public roads, control of invasive
growth, or other benefits.
B.
Protected areas and resources shall be linked in continuous patterns
to the extent reasonably feasible.
C.
Protection for trees and tree groupings to be retained shall include
avoidance of grade change within the drip line, careful marking to
avoid accidental damage and location of materials and soil deposits
distant from those trees during construction.
A minimum of 40% of the parcel shown on the development plan
shall be contiguous open space. Any proposed contiguous open space,
unless conveyed to the Town or its Conservation Commission, shall
be subject to a recorded restriction enforceable by the Town, providing
that such land shall be perpetually kept in an open state, that it
shall be preserved for exclusively conservation, agricultural, horticultural,
educational or recreational purposes, and that it shall be maintained
in a manner which will ensure its suitability for its intended purposes.
A.
The percentage of the contiguous open space which is wetlands shall not normally exceed the percentage of the tract which is wetlands; provided, however, that the applicant may include a greater percentage of wetlands in such open space upon a demonstration that such inclusion promotes the purposes set forth in § 240-79 above. In no case shall the percentage of contiguous open space which is wetlands exceed 50% of the tract.
B.
The contiguous open space shall be used for conservation, historic
preservation and education, outdoor education, recreation, park purposes,
agriculture, horticulture, forestry, or for a combination of these
uses, and shall be served by suitable access for such purposes.
C.
The contiguous open space shall remain unbuilt upon, provided that
the Planning Board may permit up to 10% of such open space to be paved
or built upon for structures accessory to the dedicated use or uses
of such open space, pedestrian walks, and bike paths.
D.
Underground utilities to serve the major residential development
site may be located within the contiguous open space, subject to conditions
that may be imposed by the Board.
The contiguous open space shall, at the Planning Board's
election, be conveyed to:
A.
The Town or its Conservation Commission;
B.
A nonprofit organization, the principal purpose of which is the conservation
of open space and any of the purposes for such open space set forth
above;
C.
A corporation or trust owned jointly or in common by the owners of
lots within the major residential development. If such corporation
or trust is utilized, ownership thereof shall pass with conveyance
of the lots in perpetuity. Maintenance of such open space and facilities
shall be permanently guaranteed by such corporation or trust, which
shall provide for mandatory assessments for maintenance expenses to
each lot. Each such trust or corporation shall be deemed to have assented
to allow the Town to perform maintenance of such open space and facilities,
if the trust or corporation fails to provide adequate maintenance,
and shall grant the Town an easement for this purpose. In such event,
the Town shall first provide 14 days' written notice to the trust
or corporation as to the inadequate maintenance, and, if the trust
or corporation fails to complete such maintenance, the Town may perform
it. Each individual deed, and the deed or trust or articles of incorporation,
shall include provisions designed to effect these provisions. Documents
creating such trust or corporation shall be submitted to the Planning
Board for approval, and shall thereafter be recorded.
A buffer area of 100 feet shall be provided at the perimeter
of the property where it abuts residentially zoned or occupied properties,
except for driveways necessary for access and egress to and from the
site. No vegetation in this buffer area will be disturbed, destroyed
or removed, except for normal maintenance. The Planning Board may
waive the buffer requirement (i) where the land abutting the site
is the subject of a permanent restriction for conservation or recreation
so long as a buffer is established of at least 50 feet in depth which
may include such restricted land area within such buffer area calculation;
or (ii) where the land abutting the site is held by the Town for conservation
or recreation purposes; or (iii) the Planning Board determines that
a smaller buffer will suffice to accomplish the objectives set forth
herein.
Stormwater management shall be consistent with the requirements
for subdivisions set forth in the Rules and Regulations of the Planning
Board.[1]
The Planning Board may approve, approve with conditions, or
deny an application for a MRD after determining whether the MRD better
promotes the purposes of this Major Residential Development Bylaw
than would a conventional subdivision development of the same locus.
The submittals and permits of this article shall be in addition
to any other requirements of the Subdivision Control Law[1] or any other provisions of this Zoning Bylaw.
[1]
Editor's Note: See M.G.L. ch. 41, §§ 81K to
81GG.
Subsequent to approval of a major residential development, no land therein shall be sold and no lot line or structure altered from that shown on the plan so as to increase the extent of nonconformity with the standard dimensional regulations of this bylaw. Prior to sale of any lot within a development, or issuance of a building permit for construction therein, such lots shall be shown on a plan recorded in the Registry of Deeds or registered with the Land Court, which plan shall make reference to the recorded land agreements referred to in §§ 240-93 and 240-94. Unless the Planning Board has specifically approved staged development, such plan shall show all lots to be included in the Development.
