The intent of Section 4300 is to allow flexibility in meeting
the basic intent of the dimensional requirements of Section 2400,
and to provide incentives for development to better serve public interests
than otherwise required, and to provide for multifamily development.
These provisions shall apply to all parcels of 10 acres or more in
Rural, Suburban or Single Residence A Districts, except where more
specifically limited herein. All flexible developments shall comply
with the provisions of the Stormwater Discharges Generated by Construction
Activity General Bylaw of the Town.[1]
4321.
Applicants for a special permit for flexible development shall
file with the Board of Appeals eight copies of the following, to have
been prepared by an interdisciplinary team including a registered
land surveyor, a professional engineer and a registered architect
or landscape architect:
a.
Two or more substantially different alternative development plans,
one of which shall be a conventional plan. Each plan shall have been
endorsed by the Planning Board as conforming to the requirements for
a preliminary subdivision plan under the Land Subdivision Rules and
Regulations of the Planning Board.[1] Such plans shall also indicate proposed topography and
the results of recent deep test pits and percolation tests at the
rate of one per every five acres, but in no case fewer than five per
subdivision. To promote better communication and to avoid misunderstanding,
applicants are encouraged to submit preliminary proposals for informal
review before formal application for such endorsement. Upon request,
the Planning Board shall arrange a meeting for such review, inviting
the Board of Health, Conservation Commission, Town Engineer and any
other officials who might be helpful.
c.
Any additional information necessary to make the assessments cited
in Subsection 4350 at a level of detail commensurate with the scale
of the development, as determined by the Zoning Board of Appeals.
4322.
At the time of application, copies of these materials shall
be transmitted by the applicant to the Planning Board, Conservation
Commission, Town Engineer, Fire Chief, Police Chief, and Superintendent
of Public Works. Those agencies shall report on the proposal within
35 days of the referral, and the Board of Appeals shall make no decision
upon the application until receipt of all such reports, or until 35
days have elapsed since date of referral without them.
4323.
Approval of a special permit for flexible development by the
Board of Appeals does not constitute definitive plan approval under
the Subdivision Control Law, nor does it obligate the Planning Board
to give such approval.
The Board of Appeals may authorize flexible development with
reduced requirements for the area and width of individual lots not
having frontage on an existing public way, provided that the following
are complied with and made conditions of approval:
4331.
The number of lots to be developed shall not exceed the number of lots (as defined by Article V) which could reasonably be expected to be developed under the conventional plan endorsed by the Planning Board under Subsection 4321a and in full conformance with zoning, with Land Subdivision Rules and Regulations,[1] and with the state and Town sanitary codes for on-lot
septic systems, including area and percolation requirements.
4332.
Every residential structure shall be constructed on an individual
lot. Lot area shall be not less than 20,000 square feet; lot width
at the required setback shall not be less than 100 feet for flexible
development; and each lot shall have frontage on an existing Town
way or a street approved under the Subdivision Control Law.
4333.
All sites and structures officially designated as being of national,
state or local historical or architectural significance shall be maintained
and preserved.
4334.
Any proposed open land, unless conveyed to the Town of Sharon,
shall be covered by a recorded restriction enforceable by the Town
of Sharon, providing that such land shall be kept in an open state
and not developed for such accessory uses as parking or roadway. A
minimum of 80% of the open land shall be maintained as a natural vegetation
area.
In Suburban Districts, the Board of Appeals may grant a special
permit for multifamily units in flexible developments, subject to
the following:
4341.
Density and parcel size requirements.
a.
In the Suburban 1 District, the allowable number of dwelling units for a multifamily development shall not exceed 200% of the number of lots (as defined by Article V) which could reasonably be expected to be developed under the conventional plan endorsed by the Planning Board under Subsection 4321a and in full conformance with zoning, Land Subdivision Rules and Regulations[1] and with the state and Town sanitary codes for on-lot
septic system disposal systems, including area and percolation requirements.
b.
In the Suburban 2 District, the allowable number of dwelling units
shall not exceed 150% of the number of lots which could reasonably
be expected to be developed under the conventional plan endorsed by
the Planning Board under Subsection 4321a and in full conformance
with zoning, Land Subdivision Rules and Regulations and with the state
and Town sanitary codes for on-lot septic disposal systems, including
area and percolation requirements.
c.
No more dwelling units shall be located in the Water Resource Protection
District or the Lake Massapoag drainage basin than would be allowed
there under conventional development.
d.
Only parcels having a minimum area of 10 acres in the Suburban 1
District or 100 acres in the Suburban 2 District are eligible for
multifamily development.
4342.
Other requirements.
a.
Departure from the scale of single-family development shall be minimized
through including not more than six dwelling units in a single structure,
serving not more than a single unit through each building entrance,
limiting building length to not more than 200 feet, and having parking
areas individually contain not more than 15 parking spaces and being
separated from all other parking areas by at least 50 feet.
b.
Visual separation from abutting premises shall be assured through
providing a buffer containing dense trees and other vegetation for
at least 50 feet width between any multifamily structure or parking
area for more than six cars and the side and rear boundaries of the
development.
c.
On-site disposal systems for multifamily dwellings shall be allowed
only at locations where the percolation rate is 10 minutes/inch drop
or faster and the maximum water table is eight feet or more below
natural grade, based on deep hole tests taken between January 1 and
April 1.
d.
The total number of bedrooms in multifamily dwellings shall not exceed
twice the allowable number of such dwelling units, counting studio
units as one bedroom.
e.
There shall be no more than two floors of habitable space within
a dwelling unit; provided, however, the number of habitable floors
may be increased to allow a third floor of habitable space if each
of the following conditions are met:
(1)
The third floor of habitable space shall be used only for a
den, office, exercise room, hobby room, library, storage room, or
other similar use;
(2)
No more than two rooms in the dwelling unit, including the third
floor of habitable space, shall be used as bedrooms. For purpose(s)
of this section, use of a room for a majority of the days in any six-month
period for sleeping accommodations shall constitute the use of such
room as a bedroom;
(3)
The unit owner and the homeowners' association, if any, shall
enter into a written agreement, as provided below in Paragraph (6)
hereof. Said agreement shall permit the association, if any, and the
Building Inspector to enter the dwelling unit to monitor compliance
with the provisions of this section as a condition for allowing the
continued maintenance and use of said third floor of habitable space.
Said agreement shall be enforceable by the Building Inspector and/or
the homeowners' association;
(4)
The Building Inspector shall not permit the use of said third
floor of habitable space without proof that said agreement has been
recorded at the Registry of Deeds;
(5)
The unit owner and all subsequent unit owners shall provide
in any subsequent deed or other conveyance of the dwelling unit notice
of the provisions of this section;
(6)
The Planning Board, following a public hearing, shall adopt
the form of an agreement suitable for filing at the Registry of Deeds
setting forth the requirements of this bylaw for execution by each
homeowner and the specified homeowners' association seeking to make
use of this bylaw. Said agreement must contain a requirement that
the aforesaid unit owner shall deliver a Registry certified copy of
the fully executed, duly recorded agreement to the Building Inspector
and the condominium association certifying under penalties of perjury
as to conformity with Subsection 4342e.
f.
Each structure shall be on an individual lot, and even if the development
comprises a single structure, it must conform to the requirements
of the Subdivision Control Law, if applicable, and be subject to subsequent
review, approval and surety arrangements by the Planning Board under
the Land Subdivision Regulations.[2]
4343.
Each lot containing multifamily dwellings shall have lot area
as otherwise required but not less than 5,000 square feet per dwelling
unit.
The Board of Appeals may approve, or approve with conditions, an application for flexible development, provided that it determines that such development would be superior for the Town to that which is likely under conventional development. In making its determination, the Board shall consider the reports from Town boards and agencies, the design objectives specified at § 340-4.1B of the Land Subdivision Rules and Regulations, and also the following:
4351.
Criteria for all flexible development.
a.
It is desirable to decrease municipal costs and environmental impacts
through reduction in the length of streets, utilities and drainage
systems per dwelling unit served.
b.
It is desirable to increase the scale of contiguous area assured
of preservation in a natural state, off-street pathways and trails,
recreation areas open at least to all residents of the development,
and wilderness areas.
c.
It is desirable that each flexible development, fronting on an existing
Town way or a street approved or to be approved under the Subdivision
Control Law have a buffer strip, which will be preserved in its natural
state at least 200 feet deep along the entire length of said way or
street.
d.
It is desirable that all existing scenic vistas be preserved and
that new scenic vistas be created.
e.
It is desirable to reduce the number of driveway openings onto existing
streets, onto new street fronts to serve more than 20 dwelling units,
or within 100 feet of roadway intersections.
f.
It is desirable to increase vehicular safety by having fewer, better-located
or better-designed egresses from the development onto existing streets.
g.
It is desirable to locate septic disposal systems outside of any
Water Protection District, in areas where the percolation rate is
highly favorable, the groundwater is deep and slopes are moderate.
h.
It is desirable to preserve environmental quality by providing for
the following, relative to the number of units developed:
(1)
Reduction of the total area over which vegetation is distributed
by cut or fill or displacement.
(2)
Reduction in critical lands disturbed by construction. "Critical
lands" include slopes in excess of 15%, land within 100 feet of a
water body, wetland or stream, land having outstanding or rare vegetation.
(3)
Reduction of the extent of waterways altered or relocated.
(4)
Reduction in the volume of cut and fill for roads and construction
sites.
(5)
Reduction in the number of on-site disposal systems or amount
of impermeable surfaces located within areas tributary to Lake Massapoag
or a well or well development area.
4352.
Additional criteria for multifamily development.
a.
The design and location of the structure on the site should be consistent
with the visual scale and character of single-family development.
b.
The location of the development and its density should be reasonable
in relation to its demands upon access and utilities.
c.
There should be positive benefit to the Town by comparison with conventional
single-family development in some important respect, such as reduction
of environmental damage, better-controlled traffic or preservation
of current character through location of reserved open space.
4361.
Purpose and intent.
a.
The primary purposes for CSD are the following:
(1)
To allow for greater flexibility and creativity in the design
of residential developments;
(2)
To encourage the permanent preservation of open space, agricultural
land, forestry land, wildlife habitat, other natural resources, including
aquifers, water bodies and wetlands, and historical and archeological
resources in a manner that is consistent with the Town's comprehensive
and open space plans;
(3)
To encourage a less sprawling and more efficient form of development
that consumes less open land and conforms to existing topography and
natural features better than a conventional or grid subdivision;
(4)
To minimize the total amount of disturbance on the site;
(5)
To further the goals and policies of the comprehensive and open
space plans;
(6)
To facilitate the construction and maintenance of housing, streets,
utilities and public service in a more economical and efficient manner
and in a manner compatible with the surrounding land use.
b.
The secondary purposes for CSD are the following:
(1)
To preserve and protect agriculturally significant land;
(2)
To protect the value of real property;
(3)
To protect community water supplies and private drinking water
wells;
(4)
To provide for a diversified housing stock;
(5)
To preserve and enhance the community character and promote
a traditional New England village concept through the creative application
of building and landscape design.
c.
Except as otherwise provided herein, all other bylaws and regulations
of the Town shall apply to the CSD.
d.
The Planning Board shall give great weight and full consideration
in its review of any CSD application to a determination by the Board
of Health that approval poses an unreasonably detrimental impact to
public health, drinking water quality or quantity, air quality, surface
water quality or quantity, or by the Conservation Commission that
approval poses an unreasonably detrimental impact to wetlands or stream
flow. In the event that the Planning Board determines to grant such
approval despite such negative determination by the Board of Health
or the Conservation Commission, such approval shall contain specific
findings which identify the reasons that said negative recommendation
has not been followed.
The Board of Health and the Conservation Commission shall base
their determination upon consultation with the Water Management Advisory
Committee, the Lake Management Committee and other relevant boards
and committees, and review of materials submitted by the applicant
and the Town's employees and consultants, as the Board of Health and
Conservation Commission deem appropriate.
4362.
Eligibility.
a.
Minimum size of tract. To be eligible for consideration as a
CSD, the tract shall contain a minimum of five acres.
b.
Zoning classification. Only those tracts located in the Rural
1, Rural 2, Suburban 1, Suburban 2 and Single Residence A and Single
Residence B Districts shall be eligible for consideration as a CSD.
All CSDs shall comply with the provisions of the Stormwater Discharges
Generated by Construction Activity General Bylaw of the Town.[1]
c.
Contiguous parcels. To be eligible for consideration as a CSD,
the tract shall consist of a parcel or set of contiguous parcels.
d.
Land division. To be eligible for consideration as a CSD, the
tract may be a subdivision or a division of land pursuant to MGL c.
41, § 81P; provided, however, that CSD may also be permitted
where intended as a condominium on land not so divided or subdivided.
4363.
AGE-QUALIFIED RESIDENCES
BELOW-MARKET-VALUE RESIDENCE
CONSERVATION SUBDIVISION DESIGN (CSD)
RECREATION USE
USABLE OPEN SPACE
Definitions. Terms used in this section that are defined in Article V (Definitions) of the Bylaw shall have the meaning set forth in Article V. For the purpose of this section, the following terms shall have the following meanings:
Dwelling units intended and operated for occupancy by persons
55 years of age or older, and at least 95% of the occupied units are
occupied by at least one person who is 55 years of age or older and
with no more than one person who is younger than 55 years of age.
The determination of below market value made according to
Executive Order 418 or any superseding order or legislation.
A tract of land designed and developed with mixed uses, with
open space used for recreational and/or conservation purposes as an
integral characteristic of the development, in a way that departs
from the underlying zoning regulations concerning use of land or buildings,
lot size, density, bulk or type of structure, lot coverage, or other
requirements conventionally required in the district.
Land devoted to recreational enjoyment, including swimming
facilities, hiking trails, tennis courts, and incidental facilities.
A parcel of land within the tract of land designated for
a CSD, maintained and preserved for open space uses, and designed
and intended for the use and enjoyment of residents and the general
public. Usable open space shall include conservation use, historic
preservation use, educational use, recreational use, park purposes,
agricultural use, horticultural use, forestry use or for a combination
of these uses, including complementary structures, streets or parking
areas and other improvements that are necessary and appropriate for
the benefit and enjoyment of the usable open space. In calculating
the amount of usable open space to satisfy the requirements of this
bylaw, complementary structures, streets or parking areas and other
improvements that are necessary and appropriate for the benefit and
enjoyment of the usable open space shall not be included. In addition,
usable open space shall not include designated yard areas accessory
to dwelling units within the CSD.
4364.
Special permit required. The Planning Board may authorize a
CSD pursuant to the grant of a special permit. Such special permits
shall be acted upon in accordance with the following provisions:
Pre-Application.
a.
Conference. The applicant is very strongly encouraged to request
a preapplication review at a regular business meeting of the Planning
Board and at a regular business meeting of the Board of Health, and,
if the proposed CSD is located within the buffer zone of a wetlands,
at a regular meeting of the Conservation Commission. If a meeting
for a preapplication review is held by the Planning Board, the Planning
Board shall invite the Board of Appeals. The purpose of a preapplication
review is to minimize the applicant's costs of engineering and other
technical experts, and to commence negotiations with the Planning
Board, Board of Health, and Conservation Commission at the earliest
possible stage in the development. At the preapplication review, the
applicant may outline the proposed CSD, seek preliminary feedback
from the Planning Board, Board of Health, and the Conservation Commission
and/or its technical experts, and set a timetable for submittal of
a formal application. At the expense of the applicant, the Planning
Board, Board of Health, and/or Conservation Commission may engage
technical experts to review the informal plans of the applicant and
to facilitate submittal of a formal application for a CSD special
permit. Regardless of any other experts, at this stage, the Planning
Board shall engage the services of a professional planner of its choosing
(at the applicant's expense) to facilitate the review process. In
the event a preapplication conference is not requested by the applicant,
the Planning Board will engage a professional planner at the time
of formal application. The engaged planner will participate in the
review process until resolution is reached or the application is withdrawn.
The planner may also facilitate community/neighborhood/abutter review
and input. For projects of fewer than 20 units, the Planning Board,
if it so chooses, may limit the professional planner's involvement
to a written advisory review of the application to be submitted to
the Planning Board prior to the Planning Board's final decision or
at any earlier point in the review process as designated by the Planning
Board.
b.
Submittals. In order to facilitate review of the CSD at the
preapplication stage, applicants are strongly encouraged to submit
the following information:
(1)
Site context map. This map illustrates the parcel in connection
to its surrounding neighborhood. Based on existing data sources and
field inspections, it should show various kinds of major natural resource
areas or features (including intersections) that cross parcel lines
or that are located on adjoining lands, or are in close enough proximity
to be adversely affected. This may enable the Planning Board, Board
of Health, and Conservation Commission to understand the site in relation
to what is occurring on adjacent properties, or what could happen
to surface and ground waters, wetlands, water supplies or other environmentally
sensitive features, and traffic patterns that could be adversely affected
by the subdivision.
(2)
Existing conditions/site analysis map. This map familiarizes
officials with existing conditions on the property. Based upon existing
data sources and field inspections, this base map locates and describes
noteworthy resources that should be left protected through sensitive
subdivision layouts. These resources include wetlands, floodplains
and steep slopes, but shall also include mature undegraded woodlands,
hedgerows, farmland, unique or special wildlife habitats, historic
or cultural features (such as old structures or stone walls), significant
trees identified by an arborist, unusual geologic formations and scenic
views into and out from the property. By overlaying this plan onto
a development plan, the parties involved can clearly see where conservation
priorities and desired development overlap/conflict.
(3)
Other information. In addition, applicants are invited to submit
the information set forth in Subsection 4366 in a form acceptable
to the Planning Board.
c.
Site visit. Applicants are encouraged to request a site visit
by the Planning Board and/or its agents in order to facilitate preapplication
review of the CSD. If one is requested, the Planning Board shall invite
the Conservation Commission, Board of Health, Department of Public
Works, Fire Department and Building Inspector.
d.
Design criteria. The design process and criteria set forth below
in Subsection 4365 should be discussed by the parties at the preapplication
conference and site visit.
4365.
Design process. At the time of the application for a special
permit for CSD, in conformance with Subsection 4366, applicants are
required to demonstrate to the Planning Board that the following design
process was performed by a licensed landscape architect or a licensed
professional acceptable to the Planning Board in accordance with the
Land Subdivision Rules and Regulations of the Planning Board of the
Town of Sharon.[2]
a.
Step One: Identifying Conservation Areas. Identify preservation
land by two steps:
(1)
First, primary conservation areas (such as wetlands, and floodplains
regulated by state or federal law) and secondary conservation areas
(including unprotected elements of the natural landscape such as steep
slopes, mature woodlands, prime farmland, meadows, wildlife habitats
and cultural features such as historic and archeological sites and
scenic views) shall be identified and delineated.
(2)
Second, the potentially developable area will be identified and delineated.
To the maximum extent feasible, the potentially developable area shall
consist of land outside identified primary and secondary conservation
area.
b.
Step Two: Locating House Sites. Locate the approximate sites
of individual houses within the potentially developable area and include
the delineation of private yards and shared amenities, so as to reflect
an integrated community, with emphasis on consistency with the Town's
historical development patterns. The number of homes enjoying the
amenities of the development should be maximized.
c.
Step Three: Design Layout and Alignment of the Streets and Trails.
Align streets in order to access the house lots. Additionally, new
trails should be laid out to create internal and external connections
to existing and/or potential future streets, sidewalks and trails.
d.
Step Four: Lot Lines. Draw in the lot lines, when applicable.
4366.
Procedures.
a.
Application. An application for a special permit for a CSD shall
be submitted on the form(s) provided by the Planning Board in accordance
with the Land Subdivision Rules and Regulations of the Planning Board.[3] Applicants for CSD shall also file with the Planning Board
12 copies of the following:
(1)
Concept plan. The concept plan shall include a sketch plan and
a yield plan. The applicant shall submit both the site context map
and existing conditions/site analysis map prepared according to Subsection
4364. Additional information reasonably necessary to make the determinations
and assessments cited herein shall be provided, including existing
site contour maps and existing current soil maps.
(i)
Sketch plan. The sketch plan shall address the
general features of the land, and give approximate configurations
of the lots, open space and roadways.
[b]
Required content. The sketch plan shall include
the following:
[1]
The subdivision name, boundaries, North point,
date, legend, title "Concept Plan," and scale;
[2]
The names of the record owner, the applicant and
licensed professional who prepared the plans;
[3]
The names, approximate location, and widths of
adjacent streets;
[5]
The location of existing landscape features, including
forests, farm fields, meadows, wetlands, water bodies, archeological
and historic structures or points of interest, rock outcrops, boulder
fields, stone walls, cliffs, high points, major long view, forest
glades, major tree groupings, noteworthy tree specimens, and habitats
of endangered or threatened wildlife, as identified as primary and
secondary resources according to Subsection 4364b(2). Proposals for
all site features to be preserved, demolished, or moved shall be noted
on the sketch plan;
[6]
All on-site local, state and federal regulatory
resource boundaries and buffer zones shall be clearly identified and
all wetland flag locations shall be numbered and placed upon the sketch
plan;
[7]
Lines showing proposed private residential lots
with approximate areas and frontage dimensions;
[8]
All existing and proposed features and amenities,
including trails, recreation areas, pedestrian and bicycle paths,
community buildings, off-street parking areas, shall be shown on the
plan and described in a brief narrative explanation, where appropriate;
[9]
The existing and proposed lines of streets, ways,
common driveways, easements and any parcel of land intended to be
dedicated for public use or to be reserved by deed covenant for use
of all property owners in the subdivision, or parcels of land or lots
to be used for any purpose other than private residential shall be
so designated within the subdivision in a general manner;
[10]
Proposed roadway grades;
[11]
Official soil percolation tests for the purpose
of siting wastewater treatment options are not required for the concept
plan. However, a narrative explanation shall be prepared by a certified
professional engineer detailing the proposed wastewater systems that
will be utilized by the development and its likely impacts on-site
and to any abutting parcels of land. For example, the narrative will
specify whether individual on-site or off-site systems, shared systems,
alternative to Title V systems, or any combination of these or other
methods will be utilized;
[12]
A narrative explanation prepared by a certified
professional engineer proposing systems for stormwater drainage and
its likely impacts on-site and to any abutting parcels of land. For
example, the narrative will specify whether soft or hard engineering
methods will be used and the number of any detention/retention basins
or infiltrating catch basins. It is not intended to include specific
pipe sizes. Any information needed to justify this proposal should
be included in the narrative. The approximate location of any stormwater
management detention/retention basins shall be shown on the plan and
accompanied by a conceptual landscaping plan. Low-impact design (LID)
methods should be utilized;
[13]
A narrative explanation prepared by a certified
professional engineer, detailing the proposed drinking water supply
system and the CSD's impact on the quantity and quality of the Town's
water supplies;
[14]
A narrative explanation of the proposed quality,
quantity, use and ownership of the open space. Open space parcels
shall be clearly shown on the plan;
[15]
All proposed landscaped and buffer areas shall
be noted on the plan and generally explained in a narrative;
[16]
A list of all legal documents necessary for implementation
of the proposed development, including any conservation restrictions,
land transfers, and master deeds, with an accompanying narrative explaining
their general purpose;
[17]
A narrative indicating all requested waivers,
reductions, and/or modifications as permitted within the requirements
of this bylaw;
[18]
A narrative by a certified traffic engineer about
the expected impacts on traffic, including backups and idling at intersections
that could adversely affect air quality;
[19]
A narrative by a certified professional engineer
about the impacts of the proposed subdivision on surface and ground
water quality and quantity, and stream flow.
(ii)
Yield plan. The applicant shall submit a narrative
explanation detailing the results of the determination of any proposed
allocation of yield determined according to Subsection 4367, Basic
maximum number of lots, units and bedrooms.
(2)
Relationship between concept plan and definitive subdivision
plan. The concept plan special permit shall be reconsidered if there
is substantial variation between the definitive subdivision plan and
the concept plan. If the Planning Board finds that a substantial variation
exists, it shall hold a public hearing on the modifications to the
concept plan. A substantial variation shall be any of the following:
(i)
An increase in the number of building lots;
(ii)
A significant decrease in the open space acreage;
(iii)
A significant change in the lot layout;
(iv)
A significant change in the general development
pattern which adversely affects natural landscape features and open
space preservation;
(v)
Significant changes to the stormwater management
facilities; and/or significant changes in the wastewater management
systems.
b.
Procedures. Whenever an application for a CSD special permit
is filed with the Planning Board, the applicant shall also file, within
five working days of the filing of the completed application, copies
of the application, accompanying development plan, and other documentation
with the Board of Health, Conservation Commission, Building Inspector,
Department of Public Works, Police Chief, Fire Chief, and Town Engineer
for their consideration, review, and report. The applicant shall furnish
the copies necessary to fulfill this requirement. Reports from other
boards and officials shall be submitted to the Planning Board within
35 days of the receipt by the reviewing party of all of the required
materials; failure of these reviewing parties to make recommendations
after having received copies of all such required materials shall
be deemed a lack of opposition thereto. In the event that the public
hearing by the Planning Board is held prior to the expiration of the
thirty-five-day period, the Planning Board shall continue the public
hearing to permit the formal submission of reports and recommendations
within that thirty-five-day period. The decision/findings of the Planning
Board shall contain, in writing, an explanation for any departures
from the recommendations of any reviewing party.
c.
Other information. The submittals and permits of this section
shall be in addition to any other requirements of the Subdivision
Control Law or any other provisions of this Zoning Bylaw. To the extent
permitted by law, the Planning Board shall coordinate the public hearing
required for any application for a special permit for a CSD with the
public hearing required for approval of a definitive subdivision plan.
4367.
Basic maximum number of lots, units and bedrooms.
a.
The basic maximum number shall be derived from a yield plan.
The yield plan shall show the maximum number of lots (or dwelling
units) that could be placed upon the site under a conventional subdivision.
The yield plan shall contain the information required for a sketch
plan as set forth above in Subsection 4366. The proponent shall have
the burden of proof with regard to the basic maximum number of lots
(or dwelling units) resulting from the design and engineering specifications
shown on the yield plan. The allowable number of dwelling units within
a CSD shall be as follows:
(1)
In the case of single-family residences with more than two bedrooms,
the maximum number of lots (or dwelling units) allowed in the CSD
shall be the maximum number of lots (or dwelling units) that could
be placed upon the site under a conventional subdivision (before other
bonuses are applied);
(2)
In the case of a single-family detached or attached when they
are limited to two bedrooms or less, multiple-family residences, attached
or detached, with no more than two bedrooms per dwelling unit, however
the same may be owned, whether by condominium or otherwise, the allowable
number of dwelling units shall not exceed 1.25 times the allowable
number of conventional lots (before other bonuses are applied);
(3)
In the case of residences that are designated as age-qualified
and with no more than two bedrooms per dwelling unit, the maximum
number of dwelling units shall not exceed 1 2/5 (1.4) times the
allowable number of conventional lots (before other bonuses are applied);
(4)
For every two units of each type of residence classified as
below-market residences, with the determination of below market value
made according to Executive Order 418 or any superseding order or
legislation, one additional unit of the same type may be added as
a density bonus. This density bonus shall not exceed 10% of the basic
maximum number;
(5)
An additional 10% dwelling unit bonus shall be granted for each
additional 10% of usable open space that is provided beyond the required
minimum amount.
b.
In no event shall the total density bonuses granted exceed 1 1/2
times the allowable number of conventional lots. Further, in no event
shall the total impervious area of the CSD exceed the total impervious
area utilized in the conventional subdivision plan.
4368.
Reduction of dimensional requirements. The Planning Board encourages
applicants to modify lot size, shape, and other dimensional requirements
for lots within a CSD, 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 CSD; provided, however,
that the Planning Board may waive this requirement where it is determined
that such reduced lot(s) will further the goals of this bylaw.
b.
At least 50% of the required setbacks for the district shall
be maintained in the CSD unless a reduction is otherwise authorized
by the Planning Board.
4369.
Open space requirements.
a.
The amount of usable open space, percentage of usable open space
allowed for recreational use and the minimum amount of natural vegetation
in a CSD shall be determined by the size of the unsubdivided land
area.
(1)
For CSDs from five acres to 25 acres: A minimum of 40% of the
lot shall be usable open space. A total of 20% of the usable open
space can be used for recreational purposes. Building lots within
this group shall have a minimum of 15% natural vegetation.
(2)
For CSDs from 26 acres to 50 acres: A minimum of 45% of the
lot shall be usable open space. A total of 20% of the usable open
space can be used for recreational purposes. Building lots within
this group shall have a minimum of 15% natural vegetation.
(3)
For CSDs over 51 acres: A minimum of 50% of the lot shall be
usable open space. A total of 20% of the usable open space can be
used for recreational purposes. Building lots within this group shall
have a minimum of 15% natural vegetation.
b.
Requirements for open space:
(1)
The percentage of the minimum required open space that is wetlands
shall not exceed the percentage of the overall tract which is wetlands.
(2)
The open space shall be contiguous. "Contiguous" shall be defined
as being connected. Open space will still be considered connected
if it is separated by a roadway or an accessory amenity. The Planning
Board may waive this requirement for all or part of the required open
space where it is determined that allowing noncontiguous open space
will promote the goals of this bylaw and/or protect identified primary
and secondary conservation areas.
(3)
The open space shall be used for wildlife habitat and conservation
and the following additional purposes: historic preservation, education,
outdoor education, recreation, park purposes, agriculture, horticulture,
forestry, a combination of purposes. Usable open space may include
paved or unpaved pedestrian walks and bike paths.
(4)
Wastewater and stormwater management systems serving the CSD
may be located within the open space. Surface systems, such as retention
and detention ponds, shall not qualify towards the minimum open space
required.
c.
Ownership of the open space. The open space shall, at the Planning
Board's election, be conveyed to:
(1)
The Town or its Conservation Commission;
(2)
A nonprofit organization, the principal purpose of which is
the conservation of open space and any of the purposes for such open
space set forth above;
(3)
A corporation or trust owned jointly or in common by the owners
of lots within the CSD. 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, it 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, in which
case the trust or corporation shall be obligated to reimburse the
Town. 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.
4370.
Design standards. The following general and site-specific design
standards shall apply to all CSDs and shall govern the development
and design process:
a.
General design standards.
(1)
The landscape shall be preserved in its natural state, insofar
as practicable, by minimizing tree and soil removal. Any grade changes
shall be in keeping with the general appearance of the neighboring
developed areas. The orientation of individual building sites shall
be such as to maintain maximum natural topography and cover. Topography,
tree cover, and natural drainageways shall be treated as fixed determinants
of the road and lot configuration rather than as malleable elements
that can be changed to follow a preferred development scheme.
(2)
Streets shall be designed and located in such a manner as to
maintain and preserve natural topography, significant landmarks, and
trees; to minimize cut and fill; and to preserve and enhance views
and vistas on or off the subject parcel.
(3)
Mixed-use development shall be related harmoniously to the terrain
and the use, scale, and architecture of existing buildings in the
vicinity that have functional or visual relationship to the proposed
buildings. Proposed buildings shall be related to their surroundings.
(4)
All open space (landscaped and usable) shall be designed to
add to the visual amenities of the area by maximizing its visibility
for persons passing the site or overlooking it from nearby properties.
(5)
Historic, traditional or significant uses, structures, or architectural
elements which exist on the site or on adjacent properties shall not
be removed or disrupted.
b.
Site-specific design standards.
(1)
Mix of housing types. The CSD may consist of any combination
of single-family, two-family and multifamily residential structures.
A multifamily structure shall not contain more than six dwelling units.
Residential structures shall be oriented toward the street serving
the premises and not the required parking area.
(2)
Parking. Each dwelling unit shall be served by off-street parking
spaces as specified in Subsection 3143. Parking spaces in front of
garages may count in this computation. All parking areas with greater
than eight spaces shall be screened from view.
(3)
Buffer areas.
(i)
Visual separation from abutting properties shall
be assured through leaving a buffer containing dense trees and other
vegetation of 50 feet. If the Planning Board determines that existing
vegetation is inadequate to provide effective visual screening, it
may require that existing vegetation be enhanced with additional plantings.
This buffer shall be provided at the following locations:
(ii)
None of the existing vegetation in this buffer
area will be disturbed, destroyed or removed during construction or
upon completion.
(iii)
The Planning Board may reduce the required buffer
(or alternatively to allow clearing with replanting in the reduced
buffer area) to as little as 20 feet in a specific area if it is determined
that no harm will result to abutting properties and if doing so will
help achieve a specific purpose of the CSD. Fifty percent of the required
buffer in the above prescribed areas may be counted toward usable
open space calculations.
(4)
Drainage. The Planning Board shall encourage the use of "soft"
(nonstructural) stormwater management techniques (such as swales)
and other drainage techniques that reduce impervious surfaces and
enable infiltration where appropriate.
(5)
Common/Shared driveways. A common or shared driveway may serve
a maximum number of two single-family units.
(6)
Screening and landscaping. All structural surface stormwater
management facilities shall be accompanied by a conceptual landscape
plan.
(7)
On-site pedestrian and bicycle circulation. Walkways and/or
bicycle paths shall be provided to link residences with parking areas,
open space and adjacent land uses where appropriate.
(8)
Natural vegetation. At least 25% of the total area of the total
tract shall be a natural vegetation area.
(9)
CSDs shall be designed so as to minimize the negative impact
on the level of service on any roadways intersecting the roadways
of the proposed subdivision. The level of service should not be less
than the level of service that would be expected from the alternative
conventional subdivision. The determination of level of service and
other factors related to traffic will be made through a complete traffic
study that will meet the requirements of the Town Engineer of the
Town of Sharon. "Level of service" shall be as defined by the latest
version of the Institute of Traffic Engineers' Highway Capacity Manual.
(10)
CSDs shall be designed to be as energy-efficient
as feasible to minimize the use of fossil fuels for heating and cooling.
(11)
CSDs shall be landscaped with drought-resistant
vegetation so as to eliminate the need for irrigation, and pest-resistant
vegetation to eliminate the need for pesticides.
(12)
CSDs shall use water-efficient toilets, washing
machines, dishwashers, faucets, and showers to minimize water use.
4371.
Decision of the Planning Board.
a.
The Planning Board shall hold a public hearing, for which notice
has been given as provided in MGL c. 40A, § 11, within 65
days from the date of the filing of such application. The decision
of the Planning Board shall be made within 90 days following the date
of such public hearing. The required time limits for a public hearing
and said action may be extended by written agreement between the petitioner
and the special permit granting authority.
b.
The Planning Board may grant a special permit for a CSD if it
determines that the proposed CSD has less detrimental impact on the
tract than a conventional development proposed for the tract, after
considering the following factors:
(1)
Whether the CSD meets the criteria for flexible development,
Subsection 4351a, b, c, d, e, f, g, h, Paragraphs (1) through (5),
as well as achieves greater flexibility and creativity in the design
of residential developments than a conventional plan;
(2)
Whether the CSD promotes permanent preservation of open space,
agricultural land, forestry land, other natural resources, including
water bodies and wetlands, and historical and archeological resources;
(3)
Whether the CSD promotes a less sprawling and more efficient
form of development that consumes less open land and conforms to existing
topography and natural features better than a conventional subdivision;
(4)
Whether the CSD reduces the total amount of disturbance on the
site;
(5)
Whether the CSD furthers the goals and policies of the Open
Space and Comprehensive Plan;
(6)
Whether the CSD facilitates the construction and maintenance
of streets, utilities and public service in a more economical and
efficient manner;
(7)
Whether the concept plan and its supporting narrative documentation
comply with all sections of this Zoning Bylaw.
4381.
Senior Living District requirements. Senior Living
District development is subject to the following:
a.
Purpose. The purpose of the Senior Living District is to enhance
the public welfare by creating a vibrant community for senior citizens,
including senior citizens with disabilities, by providing a full range
of support services ranging from independent living to nursing home
care.
b.
Eligibility. An applicant may submit a site plan application
pursuant to Subsection 4387 for a Senior Living District development
within the Senior Living District as shown on the Sharon Zoning Map.
c.
Application. Senior Living Districts shall be considered as
superimposed on underlying districts created under this bylaw. Senior
Living District development shall conform to all other provisions
of this bylaw except to the extent that use, dimensional, parking,
and loading requirements are set forth in Subsection 4380. The Senior
Living District shall not restrict owners' rights relative to the
underlying zoning district, including other overlay districts. However,
if an applicant elects to use the Senior Living District provisions
by filing a site plan approval application for a Senior Living District
development with the Board of Appeals pursuant to Subsection 4387,
and so develops a Senior Living District development, all development
shall conform to the use, dimensional, parking, and loading requirements
of Subsection 4380. Single-family residences shall not be provided
on the same lot as senior dwelling units or nursing homes. To the
extent there are inconsistencies between provisions of Subsection
4380 and the provisions of any underlying district, the provisions
of Subsection 4380 shall govern.
d.
Age restriction. All dwelling units within Senior Living Districts
shall be subject to an age restriction described in a deed, deed rider,
restrictive covenant, or other document in a form reasonably acceptable
to Town Counsel that shall be recorded at the Registry of Deeds or
the Land Court. The age restriction shall limit the dwelling units
to occupancy by persons of age 62 or older. Occupancy of each dwelling
unit is limited to a maximum of two persons. Age and occupancy restrictions
shall not preclude reasonable, time-limited guest visitation rights.
The age and occupancy restrictions shall be enforceable solely against
the violating unit and not the development as a whole by the owner
of one or more dwelling units or by the Town of Sharon. In the event
of a violation, and at the request of the Town, the owner of Senior
Living District development shall enforce the age and occupancy restrictions.
e.
Open space requirements. In order to obtain an initial building
permit for a Senior Living District development, an applicant shall
transfer to the Sharon Conservation Commission, pursuant to MGL c.
40, § 8C, not less than 2.8 acres of abutting or adjacent
land for each acre of land contained in the lot.
f.
Application of wetland setbacks. In a Senior Living District
development, the construction and maintenance of a site access drive
of minimum legal practical width is permitted within wetland setback
areas, even where there is an alternative means of access from a public
way to unrestricted land of the same owner, provided that all required
orders of conditions and other required authorizations are obtained
under the Massachusetts Wetlands Protection Act (MGL c. 131, § 40)
or the Town of Sharon Wetlands Protection Bylaw.[1]
g.
Affordability requirement. A minimum of 10% of all senior dwelling
units within each Senior Living District development shall be affordable
dwelling units, except as provided hereinafter. In lieu of setting
aside affordable dwelling units within a Senior Living District development,
affordable dwelling units may be provided elsewhere in the Town of
Sharon equal to 11% of the senior dwelling units authorized within
a Senior Living District development. The applicant for the Senior
Living District development may:
(1)
Construct or otherwise provide off-site affordable dwelling
units;
(2)
Secure construction of off-site affordable dwelling units through
a monetary payment to a private, public, or nonprofit agency or organization
identified in the site plan review process; or
(3)
Provide funds to the Town of Sharon, acting by or through its
Affordable Housing Trust Fund, or otherwise, to promote affordable
housing, and acceptance by the Town of such funds shall be deemed
satisfaction of the affordable housing requirements set forth in this
Subsection 4381. Satisfaction of this affordability requirement may
be evidenced by a development agreement or other agreement by and
between the Town and the applicant. An applicant may use one or more
of these options in satisfying its obligations.
h.
Only that portion of a lot within a Water Resource Protection
District is subject to such provisions.
i.
Sureties. The property owner shall post instruments of surety,
insurance policies, letters of credit or similar securities (hereinafter
"instruments") to the benefit of the Town of Sharon in a form acceptable
to Town Counsel to protect the Town and residents of surrounding areas
from damage caused by construction or operation of the Senior Living
District development as set forth below. Instruments may encompass
the entire project or a specific phase of the project deemed to be
independent of other construction phases as determined under Subsection
4387. Instruments, in an amount to be reasonably established by the
Board of Appeals under Subsection 4387, shall be provided as follows:
(1)
An instrument, to be provided prior to inception of construction
and to be maintained through substantial completion of construction,
in an amount to be reasonably established by the Board of Appeals
under Subsection 4387 sufficient to provide for the securing, from
a public health and safety perspective, of partially completed site
improvements and to provide for site stabilization, restoration of
suitable drainage patterns, and revegetation of disturbed areas.
(2)
An instrument, to be provided prior to the issuance of the first
certificate of occupancy, to secure incomplete site infrastructure
improvements, if any, until such time as such site improvements have
been satisfactorily completed.
(3)
An instrument, to be provided upon completion of all site improvements
or issuance of the final certificate of occupancy, whichever occurs
later, and to be maintained for one year thereafter, to replace any
plant materials which fail to thrive.
j.
Notwithstanding anything to the contrary in these bylaws and
regardless of whether the Senior Living District development qualifies
as a subdivision or a division of land pursuant to MGL c. 41, § 81P,
streets and ways, drainage facilities, and utilities in a Senior Living
District development need not be designed and constructed in compliance
with the Sharon Rules and Regulations Governing the Subdivision of
Land.[2]
4382.
AFFORDABLE DWELLING UNIT
SENIOR DWELLING UNIT
SENIOR LIVING DISTRICT DEVELOPMENT
Definitions. The following terms shall have the meanings set forth herein notwithstanding any conflicting definitions in Article V:
A dwelling unit fully eligible for inclusion in the Department
of Housing and Community Development's Chapter 40B Subsidized Housing
Inventory. Affordable housing units shall be provided that can be
sold or rented to households whose income is at or below 80% of the
median household income within the Town of Sharon as reported by the
U.S. Department of Housing and Urban Development and shall be deed
restricted as affordable units for a period of time as provided in
a comprehensive permit issued for such housing.
An area within a multifamily building consisting of one or
more rooms, providing living facilities for one household (not necessarily
including equipment for cooking or provisions for the same), and including
space for living and sleeping, but not including nursing home beds.
A project located on a lot of land within the Senior Living
District and developed pursuant to the requirements set forth in this
Subsection 4380. A Senior Living District development may be designed
and developed for Senior Living District uses, with open space used
for recreational and/or conservation purposes, in a way that departs
from the underlying zoning regulations and other provisions of this
bylaw solely to the extent that uses of land and buildings or dimensional,
parking, and loading requirements are governed by the provisions of
Subsection 4380.
4383.
Use regulations.
a.
Permitted uses:
(1)
Age-qualified multifamily residences in buildings containing
a minimum of 20 senior dwelling units, including independent-living
and assisted-living units.
(2)
Nursing homes, including nursing homes on the same lot as senior
dwelling units, providing skilled nursing and rehabilitation services
or nursing home facilities (with or without dementia wards).
b.
Permitted accessory uses:
(1)
Support services to meet senior residents' needs, including
fitness centers, recreation and leisure facilities (including golf
courses, tennis courts and pools), community centers, resident and
employee locker and lounge rooms, food services (including kitchens
and cafeterias).
(2)
Medical services, including medical offices, dental offices
and other health services, or maintenance and storage facilities;
provided, however, such medical or dental offices shall not exceed
10,000 square feet of floor area.
(3)
Food services, including kitchens, cafeterias, and dining rooms.
(4)
Convenience services, such as retail stores, automatic teller
machines and banks, post offices, hair salons, laundries, dry cleaning
pick-up/drop-off with no on-site cleaning, convenience stores, restaurants,
cafes, bars, grills, movie theaters and services intended primarily
to service a Senior Living District development; provided, however,
in no event shall any one of these single uses exceed 15,000 square
feet in floor area and in the aggregate not to exceed 60,000 square
feet in floor area.
(5)
Security services and related uses, including guard houses.
(6)
A property sales office and facility management office for the
Senior Living District development.
(7)
Parking and loading facilities, including at-grade facilities
as well as below-grade and above-grade structured facilities, which
may include managed parking facilities within structures utilizing
parking lifts and stacked parking.
(8)
Wastewater and stormwater treatment facilities and related appurtenances;
provided that such wastewater treatment plants shall be subject to
the issuance of a groundwater discharge permit issued by the Massachusetts
Department of Environmental Protection (DEP) and, as applicable, to
the issuance of a Treatment works construction permit by the Sharon
Board of Health, subject to provision of adequate funding mechanisms
ensuring proper operation and maintenance protocols, Town monitoring
and testing, and repair and replacement consistent with the requirements
of the Department of Environmental Protection and the Sharon Board
of Health. In addition, at the boundary of the lot containing the
wastewater disposal area, the groundwater shall meet Massachusetts
drinking water standards and other limits on pollutants set forth
hereinafter.
(9)
Maintenance buildings and garages for parking of service or
facility vehicles, excluding any vehicle maintenance; provided, however,
such maintenance building shall not exceed 10,000 square feet in floor
area.
(10)
Below-grade, at-grade and above-grade utilities
and appurtenances, including a water tower or water tank.
(11)
Passive recreation facilities, including walking,
jogging and bicycle trails.
4384.
Performance standards. Senior Living District developments shall
comply with the following:
a.
Wastewater treatment plant effluent shall meet Massachusetts
Drinking Water Standards (310 CMR 22.00) and Massachusetts Surface
Water Quality Standards for Class A Surface Waters.
b.
Wastewater treatment plant effluent shall limit phosphorous
to a maximum of one mg/l unless analyses submitted under Subsection
4387 demonstrate that higher concentrations will not cause an exceedance
of Massachusetts Surface Water Quality Standards for Class A Surface
Waters in downgradient surface waters.
c.
Wastewater treatment and stormwater management facilities shall
be designed to reasonably minimize transfers outside of the Neponset
River basin and transfers shall be mitigated, to the extent permits
and approvals are issued, as practicable, through recharge or conservation
measures established under Subsection 4387.
d.
Stormwater management facilities shall attenuate increases in
the volume of off-site discharge for the one-year-frequency storm
event.
e.
Stormwater management facilities shall conform, as practicable,
to the Department of Environmental Protection's Stormwater Management
Policies (March 1997), whether or not the activity is subject to the
Massachusetts Wetlands Protection Act (MGL c. 131, § 40).
f.
Potable water from the Sharon municipal water distribution system
shall not be used for irrigation.
g.
Any on-site sanitary sewers shall be subject to ongoing requirements
for leak detection and repair.
h.
Buildings shall, as practicable, incorporate water conservation
devices, including water-efficient plumbing fixtures.
i.
Rooftop mechanical equipment shall be visually screened and
acoustically buffered and day-night average sound levels caused by
rooftop equipment shall not exceed 55 dB at the property line.
4385.
Dimensional regulations. A Senior Living District development
shall comply with the dimensional requirements set forth herein. With
respect to all requirements of these Subsections 4380 through 4390,
leasehold parcels within a lot shall be deemed as part of the lot.
Dimensional requirements are as follows:
a.
Minimum lot area: 70 acres.
b.
Maximum density.
(1)
Seven and one-quarter (7.25) senior dwelling units per acre,
calculated at the time of site plan review of a Senior Living District
development.
(2)
Two and one-quarter (2.25) bedrooms per senior dwelling unit.
(3)
One hundred fifty nursing home beds per lot, in addition to
senior dwelling units.
c.
Maximum building height.
(1)
For buildings and structures containing senior dwelling units,
the maximum height, excluding any accessory features, rooftop equipment,
and mechanical or elevator penthouses, shall exceed neither eight
stories nor 105 feet.
(2)
For buildings and structures containing senior dwelling units,
the maximum height, including any accessory features, rooftop equipment,
and mechanical penthouses, but excluding elevator penthouses, shall
not exceed 115 feet total.
(3)
Except as provided in Subsection 4385c(1) and (2), for all buildings
and structures exceeding 5,000 square feet in floor area, including
buildings containing nursing home facilities, the maximum height,
including any accessory features, rooftop equipment, and mechanical
penthouses, but excluding elevator penthouses, shall not exceed 45
feet total.
f.
Minimum open space and buffers.
(1)
Minimum natural vegetation area: 35% of the lot area.
(2)
Minimum street buffer strips: 50 feet maintained as a natural vegetation
area, except as required by vehicular and pedestrian access and egress
and related traffic safety improvements and above-, below-, or at-grade
utilities.
(3)
Minimum side and rear lot line buffer strips: 10 feet maintained
as a natural vegetation area, except as required by vehicular and
pedestrian access and egress and related traffic safety improvements
and above-, below-, or at-grade utilities.
h.
A minimum separation of 40 feet shall be provided between buildings
on the same lot; provided, however, that buildings may be connected
by foundation systems, basements, cellars, above-grade or below-grade
hallways or passageways or below-grade or above-grade parking facilities.
i.
Curb cuts. No curb cut shall be less than 12 feet in width or
more than 60 feet in width, except as determined during site plan
review, pursuant to Subsection 4387, based upon standard traffic engineering
practice.
j.
Landscaping. Landscaping shall be as shown on a plan submitted
and approved pursuant to Subsection 4387.
4386.
Required off-street parking and loading.
a.
Parking requirements. The minimum number of off-street parking
spaces shall be 1 1/4 per senior dwelling unit; one for each
three beds at a nursing facility. Parking facilities shall conform
to the following:
(1)
All required parking shall be provided on the same lot or lots
as the principal or accessory use. Required parking may be located
at grade or in below-grade or above-grade parking structures.
(2)
Except as provided in Paragraph (4), each required off-street
parking space shall have direct access to a parking aisle and shall
be large enough to contain a rectangle not less than nine feet by
18 feet, except for parallel spaces which shall be large enough to
contain a rectangle not less than nine feet by 22 feet, exclusive
of drive and maneuvering space.
(3)
Parking aisles shall have a minimum width of 24 feet in the
case of two-way traffic, or the following minimum widths in the case
of one-way traffic:
(4)
Within managed parking facilities within structures, parking
lifts and stacked parking spaces may be provided if:
(i)
Parking attendants are available to operate such
a facility; and
(ii)
In the case of stacked parking, not more than
two required parking spaces are placed behind a parking space having
direct access to an aisle or driveway having the minimum width set
forth above. Convenient visitor parking shall be provided within managed
parking facilities or in separate visitor parking lots.
b.
Loading requirements. There shall be at least one loading bay
for any building containing more than 1,000 square feet of gross leasable
business floor area, which area shall not include any floor area devoted
to senior dwelling units. Loading facilities shall conform to the
following:
(1)
No loading bay shall be less than 12 feet by 30 feet, nor provide
less than 14 feet of vertical clearance.
4387.
Site plan approval. Notwithstanding anything to the contrary,
within a Senior Living District development, no building permit shall
be issued and no building or structure shall be erected, moved or
externally enlarged and no area for parking, loading or vehicular
services (including driveways giving access thereto) shall be established
or changed except in conformity with a site plan bearing the endorsement
of approval of the Board of Appeals pursuant to this Subsection 4387.
For purposes of the Senior Living District, the site plan approval
process and procedures shall be as set forth in this Subsection 4387.
The Board of Appeals is designated as the site plan review authority
for all purposes under these Subsections 4380 through 4390.
a.
An application and site plan shall be submitted to the Board
of Appeals. Site plans shall be drawn to a scale of 40 feet to the
inch (or such other scale as the Board of Appeals may accept) and
shall contain the following, except to the extent otherwise waived
by the Board of Appeals:
(1)
Applicants are encouraged to submit a sketch plan of proposed
projects prior to formal site plan submission.
(2)
Site plan submissions shall be prepared by a multidisciplinary
team. The drawings shall be signed and sealed by a Massachusetts civil
professional engineer (PE), a Massachusetts professional land surveyor
(PLS), and a Massachusetts registered landscape architect (RLA).
(3)
Site plans shall include a cover sheet, layout sheet, grading
and drainage sheet, traffic control sheet, landscaping sheet, lighting
sheet, photometric sheet, a details sheet, a construction phasing
sheet, and a sedimentation and erosion control sheet.
(4)
Site plans shall conform to the requirements of the Board with
respect to scale, dimensions, legend, form and preparation acceptable
to the Board. The Board may promulgate submission standards and requirements
for site plan submission. Site plans shall be drawn at a suitable
scale and layout shall be tied to the Mass State Coordinate System
and elevations shall be on North American Vertical Datum (NAVD 88).
(5)
Existing conditions shall be based on an on-the-ground survey
based on fieldwork.
(6)
Site plans shall show, among other things, all existing and
proposed buildings and structures and their uses, means of building
egress, parking areas, access drives, loading areas, trails, recreation
areas, pedestrian and bicycle paths, refuse and other waste disposal
facilities and dumpsters, driveway openings, driveways, service areas
and all other open space areas, zoning summary table, accessible parking
spaces, and accessible routes.
(7)
Site plans shall show existing and proposed grading with a one-foot
contour interval and spot grades based on NAVD 88. Earthwork quantities,
geotechnical investigations, and foundation engineering reports shall
be provided as required by the Board of Appeals.
(8)
All on-site local, state, and federal regulatory resource boundaries
and buffer zones shall be clearly identified and all wetland flag
locations shall be numbered and placed upon the site plan.
(9)
Site plans shall show all facilities for sanitary sewer collection
systems, wastewater treatment systems, stormwater management systems,
stormwater collection systems, water storage and supply systems, fire
protection systems, site lighting, lighting and pole details, lighting
photometric, and cable utility systems.
(10)
Site plans shall include landscape plans and detail
sheets showing all hardscape and planting elements. Site lighting
fixture locations shall be shown for coordination purposes. Use of
native plant materials is encouraged. Invasive plants included on
the Massachusetts Department of Agriculture's Massachusetts Prohibited
Plant List shall not be used. The drawings shall show the quantity,
location, species, and height or caliper of all trees and shrubs and
the species, size, and quantity of all groundcovers. Details shall
be provided for all structures and hardscape elements, and planting
details shall be provided for coniferous and deciduous trees and shrubs
of each size.
(11)
Drainage calculations and a narrative report shall
be submitted detailing runoff under existing predeveloped conditions
and under future post-development conditions and should identify changes
in the peak rate and total volume of stormwater runoff for the one-,
two-, ten-, twenty-five-, and one-hundred-year-frequency storm events.
(12)
Elevations for all structures shall be submitted.
(13)
A complete sign package shall be submitted, including
all advertising and way-finding signage. All wall signs and freestanding
signs shall be shown. Sign plans and details shall show locations,
dimensions, colors, materials, finishes, methods of illumination and
illumination levels, and methods of structural support.
(14)
A traffic study conforming to the EOEA/EOTC Guidelines
EIR/EIS Traffic Impact Assessment (1989), which shall include information
concerning proposed access and egress and the traffic impact to surrounding
roadways and intersections and proposed mitigation. Roadway and intersection
improvement plans shall be submitted pursuant to Subsection 4387b(6)
and (7).
(15)
An analysis of groundwater quality at the project
boundary or at the boundary of any parcels containing wastewater disposal
facilities and an analysis of surface water quality in downgradient
lakes and ponds within 2,000 feet of the project boundary, including
Briggs Pond, are required. When the concentration of any pollutant
in the effluent discharges from on-site wastewater treatment facilities
exceeds the permitted maximum permitted concentration of that pollutant,
a geohydrologic analysis shall be performed to evaluate future groundwater
quality at the project boundary, including the contribution of effluent
discharged on site and background concentrations of water pollutants.
Surface and groundwater transport of effluent from on-site wastewater
disposal facilities and of landscape chemicals, including pesticides,
herbicides, and fertilizers, to downgradient surface water bodies
shall be quantified and post-development concentrations of pollutants
shall be established. The analysis shall quantify the project impacts
on surface water quality in downgradient lakes and ponds within 2,000
feet of the project boundary, including Briggs Pond, to determine
compliance with the Massachusetts Surface Water Quality Standards
for Class A Surface Waters for dissolved oxygen, temperature, pH,
fecal coliform bacteria, solids, color and turbidity, oil and grease,
and taste and odor (314 CMR 4.05) and to quantify degradation in water
quality that would impair existing uses (314 CMR 4.04).
(16)
A water balance analysis quantifying pre- and
post-development water use and recharge, including any interbasin
transfers.
(17)
Construction impacts and truck traffic shall be
provided for sites disturbing over five acres.
(18)
Acoustical studies shall be provided where rooftop
mechanical equipment is proposed or where the proposed use will generate
noise when said building or use is within 500 feet of residences.
(19)
Pursuant to the EOEA/EOTC Guidelines EIR/EIS Traffic
Impact Assessment (1989), air quality studies will be provided.
(20)
Groundwater flow, including geohydro models and
aquifer recharge studies where on-site wastewater disposal exceeds
5,000 gallons per day or where more than 40,000 square feet of impervious
material will be placed within a Water Resource Protection District.
(21)
Visibility analysis, including a perspectives
study during the winter months.
(22)
A fiscal impact study shall be provided.
(23)
An infrastructure study shall be provided.
(24)
A list of all legal documents necessary for implementation
of the proposed development, including any conservation restrictions,
land transfers, and master deeds, with an accompanying narrative explaining
their general purpose.
b.
Design objectives. For projects submitted for site plan review,
site improvements shall be constructed to the following design objectives
unless waived by the Board of Appeals:
(1)
Buildings shall be located and screened with mature plantings
to minimize visibility from abutting residential properties and public
ways.
(2)
Existing off-site structures and utilities shall be protected
from damage caused by rock removal by blasting or pneumatic means.
(3)
Existing off-site private water supply wells shall be protected
from damage caused by rock removal by blasting or pneumatic means
and shall be protected from pollution caused by pollutants discharged
from wastewater treatment facilities.
(4)
Transfers of potable water outside of the Neponset River basin
shall be mitigated, to the extent feasible and subject to the issuance
of any required permits and approvals, through recharge within the
Neponset River basin or water conservation measures.
(5)
Wastewater treatment facilities should abate contaminants from
such facilities, allowing surface water quality in downgradient lakes
and ponds within 2,000 feet of the project boundary, including Briggs
Pond, to meet the Massachusetts Surface Water Quality Standards for
Class A Surface Waters for dissolved oxygen, temperature, pH, fecal
coliform bacteria, solids, color and turbidity, oil and grease, and
taste and odor (314 CMR 4.05) and not cause degradation of water quality
below existing levels. However, applicants shall not be obligated
to improve the surface water quality above the existing conditions
or mitigate impacts from other sources.
(6)
To the extent the applicant obtains the necessary permits and
approvals, off-site intersection upgrades shall be provided to minimize
the negative impact of project-generated traffic on intersection operations
and levels-of-service at all intersections in the intersection study
area. The purpose of such upgrades will be to ensure that intersections
currently operating at a Level of Service D or better shall not be
further degraded below a Level of Service D. The applicant shall not
be required to upgrade intersections (i) with existing levels of service
below Level of Service D to Level of Service D (but may be required
to mitigate such intersection to address project traffic) or (ii)
where degradation of the level of service is caused by unrelated projects
or development. The intersection study area shall be Bay Road from
and including its intersection with East Street to the Easton Town
Line. The determination of level of service and other factors related
to traffic will be made through a traffic study conforming to the
EOEA/EOTC Guidelines EIR/EIS Traffic Impact Assessment (1989), which
shall include information concerning proposed access and egress and
the traffic impact to surrounding roadways and intersections and proposed
mitigation. "Level of service" shall be as defined by the latest version
of the Transportation Research Board of the National Academies' Highway
Capacity Manual 2000.
(7)
Off-site roadway upgrades shall be provided to minimize the
negative impact of project-generated traffic on operations and safety
at all locations along the roadway study corridor. The roadway study
corridor shall include Bay Road from East Street to the Easton Town
Line. Existing safety, sight distance, and horizontal and vertical
geometric deficiencies and substandard pavement widths on roadway
segments within the roadway study corridor shall be corrected, provided
that such corrections are required to permit safe operations, and
further subject to:
(i)
Improvements can be completed within the existing
right-of-way; and
(ii)
To the extent permitted by authorities having
jurisdiction.
The extent of roadway segment corrections or safety protocols
may be set forth in a development agreement or other agreement between
the Town and applicant. This Paragraph (7) shall be met to the extent
addressed in a development agreement or another agreement.
(8)
Buildings shall incorporate, to the extent feasible, energy-saving
devices and shall promote energy conservation through use of insulation
and energy-efficient building envelope elements consistent with the
Massachusetts Building Code.
(9)
Irrigation shall be subject to an irrigation management plan
that incorporates staged drought management provisions. The irrigation
management plan may provide for nonmunicipal water and treated effluent
application to turf in recreation facilities to the extent allowed
by regulatory agencies having jurisdiction. On-site well water may
be used, but drawdown affecting adjacent water supply wells should
be minimized.
(10)
Plant materials shall be native species where
practicable. Invasive plants listed on the Massachusetts Department
of Agricultural Resources' Massachusetts Prohibited Plant List shall
not be planted. Methods of application and allowed quantities of fertilizers
are subject to limitations imposed during site plan review.
(11)
Parking lot lighting shall be designed with lower
illumination levels consistent with IESNA recommended practice. Parking
lot light trespass shall be limited to 0.5 foot-candle at the property
line, except at site access drives, and there shall be no point sources
of light visible from adjacent streets and properties. Parking lot
pole heights shall be limited to 18 feet. All parking lot lighting
fixtures shall incorporate "dark skies" principles through use of
lighting fixtures designed to limit upward-projecting light.
(12)
Runoff from pedestrian areas, landscape areas,
and low-volume vehicular areas shall be accommodated using low-impact
design principles, where practicable.
(13)
All site utilities shall be installed underground.
c.
Reports to the Board of Appeals. Within 10 days following receipt
of a duly submitted site plan, the Board of Appeals shall transmit
one copy thereof to the Planning Board, Board of Health, and Conservation
Commission. The Planning Board, Board of Health, and Conservation
Commission shall investigate the case and report in writing their
recommendations to the Board of Appeals. The Planning Board, Board
of Health, and Conservation Commission may seek pertinent information
from other Town officials or boards and may request additional information
from the applicant. The Board of Appeals shall not take final action
on said plan until it has received reports thereon from the Planning
Board, Board of Health, and Conservation Commission, or until 45 days
have elapsed after receipt of such plan without submission of a report
thereon. In reaching its decision, the Board of Appeals shall fully
consider the recommendations set forth in these reports and shall
accord particular weight to reports identifying significant adverse
impacts that cannot be avoided, minimized, or mitigated.
d.
Criteria. In granting site plan approval, the Board of Appeals
shall consider the following:
(1)
The extent to which the site plan fulfills the objective of
the Senior Living District to create a vibrant community for senior
citizens, including senior citizens with disabilities;
(2)
The extent to which affordable dwelling units are provided in
accordance with Subsection 4381g;
(3)
The extent to which convenient and safe vehicular and pedestrian
movements are accommodated within the site, and in relation to adjacent
streets, property or improvements;
(4)
The extent to which parking areas and other parts of the Senior
Living District development are adequately screened from adjoining
premises or from the street, by walls, fences, plantings or other
devices;
(5)
The extent to which adequate provisions are made for disposal
for sewage, refuse or other wastes; drainage for surface water; and
removal of snow;
(6)
The extent to which adequate supplies of drinking water are
provided;
(7)
The extent to which adequate provisions are made for off-street
parking and loading;
(8)
The extent to which adequate fire and police protection and
access are provided;
(9)
If within the Surface Water Resource Protection District, the
extent to which measures are provided to minimize cumulative impacts
on Lake Massapoag and its tributary streams, including consideration
of nitrate-nitrogen loadings;
(10)
If within the Ground Water Resource Protection
District, the extent to which measures to minimize cumulative impacts
on municipal water supplies are provided, including consideration
of nitrate-nitrogen loadings, for that portion of the site within
the Ground Water Resource Protection District;
(11)
The extent to which wastewater treatment plant
effluent meets the Massachusetts Drinking Water Standards (310 CMR
22.00) and the Massachusetts Surface Water Quality Standards for Class
A Surface Waters;
(12)
The extent to which phosphorous in wastewater
effluent is limited to a maximum of 1 mg/l or to concentrations demonstrated
not to cause an exceedance of Massachusetts Surface Water Quality
Standards for Class A Surface Waters in downgradient surface waters;
(13)
The extent to which wastewater treatment and stormwater
management facilities reasonably minimize transfers outside of the
Neponset River basin, with consideration of the extent to which transfers
are mitigated, to the extent practicable, through recharge or conservation
measures;
(14)
The extent to which stormwater management facilities
shall attenuate increases in the volume of off-site discharge for
the one-year-frequency storm event;
(15)
The extent to which stormwater management facilities
conform, to the extent practicable, to the Massachusetts Department
of Environmental Protection's Stormwater Management Policies (March
1997);
(16)
The extent to which use of potable water from
the Sharon municipal water distribution system for irrigation is avoided;
(17)
The extent to which the site's operation and maintenance
plan provides for leak detection and repair for all on-site sanitary
sewers;
(18)
The extent to which on-site buildings incorporate
water conservation devices, including water-efficient plumbing fixtures;
(19)
The extent to which rooftop mechanical equipment
is visually screened and acoustically buffered and the extent to which
day-night average sound levels caused by rooftop equipment do not
exceed 55 decibels at the property line;
(20)
The extent to which buildings are located and
screened with mature plantings to minimize visibility from abutting
residential properties and public ways;
(21)
The extent to which existing structures and utilities
are protected from damage caused by rock removal by blasting or pneumatic
means;
(22)
The extent to which existing private water supply
wells are protected from damage caused by rock removal by blasting
or pneumatic means and the extent to which existing private water
supply wells are protected from pollution caused by pollutants discharged
from wastewater treatment facilities;
(23)
The extent to which transfers of potable water
outside of the Neponset River basin are mitigated, to the extent practicable,
through recharge within the Neponset River basin or water conservation
measures;
(24)
The extent to which wastewater treatment facilities
abate contaminants from such facilities, allowing surface water quality
in downgradient lakes and ponds within 2,000 feet of the project boundary,
including Briggs Pond, to meet the Massachusetts Surface Water Quality
Standards for Class A Surface Waters and not cause degradation of
water quality below existing levels; provided, however, that applicants
shall not be obligated to improve the surface water quality above
the existing conditions;
(25)
The extent to which negative traffic impacts are
minimized in off-site intersections in the intersection study area
through provision of necessary intersection upgrades such that existing
intersections currently operating at a Level of Service D or better
shall not be further degraded below a Level of Service D.
(26)
The extent to which off-site roadway upgrades
are provided to minimize the negative impact of project-generated
traffic on operations and safety at all locations along the roadway
study corridor by remediating existing safety, sight distance, and
horizontal and vertical geometric, and pavement width deficiencies;
(27)
The extent to which buildings incorporate energy-saving
devices and promote energy conservation through use of insulation
and energy-efficient building envelope elements;
(28)
The extent to which irrigation water use is minimized
through adherence to an irrigation management plan and the extent
to which irrigation well drawdown impacts affecting existing water
supply wells on neighboring properties are minimized;
(29)
The extent to which native plant materials are
used; invasive plants are avoided; and the quantities of pesticides,
fertilizers, and herbicides are minimized;
(30)
The extent to which parking lot lighting limits
light trespass to 0.5 foot candle at the property line; limits pole
heights to 18 feet; and uses lighting fixtures that minimize upward-projecting
light;
(31)
The extent to which runoff from pedestrian areas,
landscape areas, and low-volume vehicular areas is accommodated using
low-impact design principles;
(32)
The extent to which underground utilities are
provided.
e.
The Board of Appeals shall hold a public hearing, for which
notice has been given as provided in MGL c. 40A, § 11, concerning
a site plan submitted for review and approval pursuant to this Subsection
4387.
f.
Final action by the Board of Appeals. The Board of Appeals'
final action shall consist of either an approval based on the determination
that the site plan for the Senior Living District development is consistent
with the criteria and requirements set forth in this Subsection 4380,
an approval subject to reasonable conditions consistent with the criteria
and requirements set forth in this Subsection 4380, or a denial based
on a determination that:
(1)
The required site plan application filing materials for the
Senior Living District development are incomplete; or
(2)
The site plan is unreasonably inconsistent with the criteria
and requirements set forth in this Subsection 4380 (unless otherwise
waived) so that it admits of no reasonable solution.
Failure of the Board of Appeals to make any determination within
60 days of its hearing, as such hearing may be extended by consent
of the applicant, shall constitute a determination of consistency.
4388.
Consultants.
[Amended 5-1-2017 ATM by Art. 19]
a.
To facilitate review of an application for a site plan, the
Board of Appeals may engage outside consultants in accordance with
Subsection 4390.
b.
Consultants may be engaged to review any or all components of
the site plan submission or any off-site improvements proposed in
conjunction with the project. Additionally, for projects requiring
issuance of state or federal permits, consultants may be engaged to
peer review submissions to the state or federal agency and to represent
the Town before these agencies to protect the Town's interests. Consultants
may be engaged to observe construction of the site improvements authorized
by site plan approval.
c.
Scope of work. In the course of exercising its powers under
this bylaw, the Board of Appeals may engage outside consultants for
peer review of submissions, for peer review and representation in
regard to state and federal permits and licensing, or for construction
observation. Consultants are selected by majority vote of the Board
of Appeals. To the extent practicable, the Board shall work cooperatively
with the applicant and, when appropriate, shall seek input from the
Planning Board, Board of Health, and Conservation Commission with
respect to identifying appropriate consultants. Applicants are responsible
for payment of consultant fees.
d.
Review fees.
(1)
Applicants shall reimburse the Town for the fees and expenses
of outside consultants engaged by the Board of Appeals. Fees shall
be paid prior to inception of each phase of the work. Escrow accounts
shall be replenished within 15 days following receipt of notice. Failure
to pay fees in accordance with the aforesaid shall be deemed, after
notice to the applicant, with an opportunity to cure, to constitute
withdrawal of the project. Fees shall be deposited in a special account
established by the Town Treasurer pursuant to MGL c. 44, § 53G.
These funds may be expended only for the purposes described in above
Subsection 4388a, and in compliance with the Uniform Procurement Act,
MGL c. 30B, §§ 1 through 20. Within 30 days of completion
of the project or of withdrawal of the proposal, applicants shall
receive a final report of funds in the special account and shall be
paid any unspent excess in the account, including accrued interest.
The Town Accountant shall submit annually a report of the special
account to the Select Board and Town Administrator for review and
for publication in the Sharon Annual Report.
(2)
Review-related fees will only be imposed if the work constitutes
peer review of materials prepared on behalf of the applicant and not
of independent studies performed on behalf of the Board; if the work
is performed in connection with the applicants' specific projects;
and if the findings and reports are made part of the public record.
e.
Procurement of outside consultant services shall comply with
the Uniform Procurement Act, MGL c. 30B, §§ 1 through
20, and with the following additional requirements:
(1)
The applicant shall be given five days' notice and opportunity
to attach written comments to the invitation for bids or request for
proposals;
(2)
At least three bona fide bids or proposals shall be solicited;
and
(3)
The applicant shall be given five days' notice and opportunity
to comment on all bids or proposals prior to the selection of the
consultant and the award of a contract.
f.
Consultants shall be qualified and, where applicable, duly licensed
to evaluate specific issues before the Board. Bona fide bids or proposals
shall include: the name of each person performing the work; the educational
and professional credentials of each person performing the work; the
work experience of each person performing the work; a description
of the work to be performed; the hourly rate charged by each person
performing the work; and all other expenses to be incurred. Any invitation
for bids or request for proposals shall indicate that award of the
contract is contingent upon payment of a review fee.
g.
Fees assessed pursuant to this section shall be reasonable in
light of: the complexity of the proposed project as a whole; the complexity
of particular technical issues; the number of housing units proposed;
the size and character of the site; the projected construction costs;
and fees charged by similar consultants in the area. Generally, fees
will not exceed amounts that would be expended by the Town to review
a comparable project.
h.
Appeal of selection. Prior to paying the review fee, applicants
may appeal selection of a particular consultant to the Select Board.
The grounds for such an appeal shall be limited to claims that the
consultant selected has a conflict of interest or does not possess
the minimum required qualifications. The minimum qualifications shall
consist either of an educational degree in or related to the field
at issue or three or more years of practice in the field at issue
or a related field. The required time limits for action upon the application
by the Board shall be extended by the duration of the appeal. In the
event that no decision is made by the Select Board within one month
following the filing of the appeal, the selection made by the Board
shall stand.
4389.
Enforcement and implementation. Any site plan approval issued
under this section shall lapse within one year if construction thereof
has not commenced sooner, except upon application within one year
and for good cause shown. Such time period shall be extended upon
request by the applicant for one year. A Senior Living District development
may be constructed in multiple phases over time. Once construction
of any portion of a Senior Living District development has commenced,
such site plan approval shall not lapse if the construction proceeds
in phases in accordance with an overall project schedule of completion.[3]
[3]
Editor's Note: Former Subsection 4390, Outside consultants,
which immediately followed this subsection, was repealed 5-1-2017
ATM by Art. 19. See now Subsection 4388 above.
[Added 5-1-2017 ATM by Art. 19]
4391.
Recreation and Residential Overlay District requirements. Recreation
and Residential Overlay District projects shall comply with the following:
a.
Purpose. The purpose of the Recreation and Residential Overlay District
is to enhance the public welfare by creating a viable residential
community with the amenities afforded by an on-site golf course, multiuse
clubhouse, and passive open space areas.
b.
Eligibility. The site must be located within the Recreation and Residential
Overlay District on the Zoning Map, Town of Sharon, Massachusetts.
c.
Recreation and Residential Overlay District projects require site
plan approval from the Planning Board pursuant to Section 4397.
d.
Application. Recreation and Residential Overlay Districts shall be
considered as superimposed on underlying zoning districts. A Recreation
and Residential Overlay District project shall conform to all other
provisions of this bylaw, including other overlay districts, except
to the extent that use, dimensional, parking, loading, and design
requirements are set forth in Section 4390. The Recreation and Residential
Overlay District shall not restrict owners' rights relative to the
underlying zoning district, including other overlay districts. However,
if an applicant elects to develop a Recreation and Residential Overlay
District project, as evidenced by obtaining a building permit for
any principal structure or proceeding with land disturbance for any
site improvement requiring site plan authorization pursuant to Section
4390, then all development within the total Recreation and Residential
Overlay District project shall conform to the use, dimensional, parking,
and loading requirements of Section 4390. To the extent there are
inconsistencies between provisions of Section 4390 and the provisions
of any underlying district, the provisions of Section 4390 shall govern.
e.
Active open space requirements. Each application for site plan approval
for a Recreation and Residential Overlay District project must provide
a golf course that includes at least 18 holes having an average length
exceeding 250 yards.
f.
Restriction. Prior to issuance of an initial building permit for
a Recreation and Residential Overlay District project, the property
owner shall cause a restriction to be recorded in the Registry of
Deeds or the Land Court in a form acceptable to Town Counsel prohibiting
any residential use or construction of residential living units on
the golf course lot and on the multiuse clubhouse lot. Should the
golf course be abandoned or should its owner determine that continued
operation is considered not to be viable, ownership of the golf course
lot shall be conveyed to the Town of Sharon in fee simple at no cost
within 90 days of such abandonment or determination. If the golf course
is not used for normal golfing purposes for at least 240 days in any
calendar year, it shall be create a rebuttable presumption that the
course has been abandoned; provided, however, that the two-hundred-forty-day
period shall not include any non-use caused by the following, without
limitation, and as examples only: weather delays, redesign of the
golf course, or unanticipated and unusual water problems and other
natural disasters.
g.
Phasing. Recreation and Residential Overlay District projects may
be developed in two or more phases, provided that each phase is independent
and self-sufficient, providing adequate access and utility service
for all buildings and uses included in the phase and in any prior
phases. Plans for phasing shall be shown on the site plan.
h.
Sureties. The property owner shall post lot covenants, instruments
of surety, insurance policies, letters of credit or similar securities
as provided in the Town's subdivision regulations (hereinafter "instruments")
to be provided prior to the issuance of any building permits for each
phase of the project, if applicable, to the benefit of the Town of
Sharon in a form acceptable to Town Counsel in amounts to be reasonably
established by the Planning Board shall be posted in order to secure
incomplete site infrastructure improvements. Release mechanisms for
building permits shall be as provided in the Planning Board's subdivision
regulations for release of lots.[1]
i.
Green development. All site improvements shall incorporate the green
development principles of energy efficiency and sustainability by
including those Leadership in Energy and Environmental Design (LEED)
Plan for Neighborhood Development (LEED ND:Plan) strategies set forth
herein in the planning and design of the total Recreation and Residential
Overlay District project. Building design shall not be subject to
the requirements of this section and inclusion of at least one certified
green building shall not be required. LEED strategies to be included
in the planning and design of the Recreation and Residential Overlay
District project are as follows:
(1)
Open space shall be preserved by restricting the total lot area
for two-family dwelling and the multiuse clubhouse use and requiring
a permanent restriction on development of the golf course lot.
(2)
The development footprint shall be reduced by providing a compact
two-family neighborhood plan that offers an effective alternative
to low-density sprawling single-family development.
(3)
Water resources shall be protected by restricting development
within the Groundwater Protection District of the Zoning Bylaw.
(4)
Housing diversity shall be increased by providing two-family
dwellings, thereby increasing housing choices for Town residents.
(5)
Infrastructure efficiency shall be facilitated by providing
compact two-family development.
(6)
Multimodal access and vehicular safety shall be enhanced by
providing primary access drives that are designed for shared bicycle
use, posted for low speed, and designed to include traffic calming
measures.
(7)
A healthy walkable neighborhood shall be encouraged by providing
compact development and by constructing sidewalks and other walkways.
(8)
Water conservation shall be promoted by precluding use of potable
water for irrigation and requiring that irrigation of the two-family
dwelling units and the multiuse clubhouse must be subject to an irrigation
management plan.
(9)
Sustainable use of materials shall be increased by requiring
use of comparable recycled and locally sourced materials for construction
of site improvements.
(10)
Vehicle miles traveled (VMT) and energy use shall be reduced
by providing a compact two-family development which limits the required
length of the primary access drive system in comparison to the roadway
system required for a comparable single-family development.
(11)
Existing drainage patterns shall be preserved and water resources
shall be protected by using best management practices (BMPs) to limit
runoff and reduce total suspended solids and related contaminants.
j.
Construction requirements. Site improvements shall comply with the
requirements of this paragraph; provided, however, that these construction
requirements may be waived by the Planning Board as part of site plan
review. Materials for site improvements shall comply with the Sharon
Planning Board's Rules and Regulations Governing the Subdivision of
Land[2] and shall be recycled or locally sourced when comparable.
Primary access drives shall have minimum pavement widths of 22 feet
and minimum center line radii of 50 feet. Segments of primary access
drives serving more than 10 dwelling units or serving the multiuse
clubhouse shall have minimum pavement widths of 24 feet and minimum
center line radii of 100 feet. Pavement shall consist of four inches
of hot-mix asphalt pavement, a three-inch-thick dense graded base,
and a twelve-inch-thick gravel base with hot-mix asphalt curb or berm.
The center line of access drives shall be a minimum slope of 1% and
a maximum slope of 7%. A hot-mix asphalt curb with a five-foot-wide
walkway shall be provided along one side of the primary access drive
with a three-inch-thick hot-mix asphalt pavement with an eight-inch-thick
gravel base. Water distribution and sanitary sewer systems shall comply
with the design requirements of the Planning Board Rules and Regulations.
Cable utilities shall be installed underground. Stormwater management
shall comply with Section 4394.
k.
Operation and maintenance requirements. All infrastructure within
the Recreation and Residential Overlay District project shall remain
forever private. Operation, maintenance, and repair of vehicle and
pedestrian assess facilities, parking and loading, utilities, stormwater
management, sanitary sewer collection and treatment facilities, and
landscaping shall be the responsibility of the property owner. Site
plan review shall establish the organizational structure, funding
mechanisms, and responsibilities of organizations which may include
one or more homeowners' organizations responsible for infrastructure
on the two-family lots, one or more business owners' organizations,
if applicable, responsible for infrastructure on the golf course and
multiuse clubhouse lots, and an overall property owners' organization
responsible for infrastructure shared among the two-family, golf course,
and multiuse clubhouse lots.
4392.
MULTIUSE CLUBHOUSE
PRIMARY ACCESS DRIVE
RECREATION AND RESIDENTIAL OVERLAY DISTRICT PROJECT
Definitions. The following terms shall have the meanings set forth herein, notwithstanding any conflicting definitions in Article V:
A facility in one or more buildings grouped around a common
parking area that includes a golf clubhouse if the project includes
an operational golf course and may include one or more private facilities
as follows: a sit-down restaurant, function facility, or gymnasium/health
club/fitness center.
A vehicular and pedestrian access facility, including appurtenant
utilities, providing primary access to three or more buildings containing
two-family dwellings or to a building containing a multiuse clubhouse
or to a parking facility for golf course users or any of the aforesaid.
A project located on one or more contiguous lots of land
within the Recreation and Residential Overlay District and developed
pursuant to the requirements of Section 4390 with two-family dwellings,
a multiuse clubhouse, a golf course, and open space used for active
recreation and/or conservation purposes and with uses of land and
buildings or dimensional, parking, and loading requirements governed
by the provisions of Section 4390.
4393.
Use regulations. Uses and accessory uses within a Recreation
and Residential Overlay District shall comply with the following:
b.
Permitted accessory uses:
(1)
Surface and garage parking for residences and multiuse clubhouse.
(2)
Security services and related uses, including guard houses.
(3)
A property sales office and facility management office.
(4)
Stormwater management facilities.
(5)
On-site septic systems in compliance with Title 5 and Sharon
Board of Health Regulations, if and as applicable.
(6)
Wastewater treatment facilities and related appurtenances; provided
that such wastewater treatment plants shall be subject to the issuance
of a groundwater discharge permit issued by the Massachusetts Department
of Environmental Protection (DEP) and to the issuance of a treatment
works construction permit by the Sharon Board of Health if and as
applicable, subject to provision of adequate funding mechanisms ensuring
proper operation and maintenance protocols, Town monitoring and testing,
and repair and replacement consistent with the requirements of the
Department of Environmental Protection and the Sharon Board of Health,
if and as applicable. In addition, at the boundary of the lot containing
the wastewater disposal area, the groundwater shall meet Massachusetts
drinking water standards and other limits on pollutants set forth
hereinafter. Unless waived by the Planning Board during site plan
review, the soil absorption system shall be located outside of any
Water Resource Protection District.
(7)
Open space, which may include trails and parking at trail heads.
(8)
Maintenance buildings and garages for parking of service or
facility vehicles, excluding any vehicle maintenance; provided, however,
such maintenance building shall not exceed 8,000 square feet in floor
area and the cart storage building shall not exceed 6,000 square feet
in floor area.
(9)
Identifying signs indicating only the name and contact information
of the owner or occupant, the street number and address, and the uses
or occupations engaged in on the premises, limited to one identifying
sign not exceeding 225 square feet in area and located within 200
feet of the I-95 right-of-way and one additional identifying sign
not exceeding 50 square feet and located either within the golf course
lot frontage or within the Multiuse clubhouse lot frontage.
4394.
Performance standards. A Recreation and Residential Overlay
District project shall comply with the following:
a.
Overall development. Green development principles of energy efficiency
and sustainability shall be incorporated by including those Leadership
in Energy and Environmental Design (LEED) for Neighborhood Development
(ND) strategies of Section 4391.(i). LEED for Neighborhood Development:
Plan principles should be incorporated; however, formal LEED ND:Plan
certification shall not be required and building design shall not
be subject to the requirements of this section.
b.
Wastewater collection and treatment. Wastewater collection and treatment
shall comply with the following:
(1)
Wastewater shall be collected and treated in compliance with
requirements of the Massachusetts Department of Environmental Protection
and the Sharon Board of Health, if and as applicable.
(2)
Wastewater may be discharged to sanitary sewers tributary to
the sanitary sewer systems in other municipalities or the Massachusetts
Water Resources Authority sanitary sewer system.
(3)
Wastewater may be discharged to an on-site wastewater treatment
plant authorized by a DEP groundwater discharge permit and a Sharon
Board of Health treatment works construction permit, if and as applicable,
or to an on-site septic system authorized by a Sharon Board of Health
disposal system construction permit in compliance with Sharon Board
of Health Article 7 and Title 5 (310 CMR 15) and the Sharon Board
of Health rules and regulations for a Recreation and Residential Overlay
District project, if and as applicable. On-site septic systems shall
not be allowed for two-family dwellings or for the multiuse clubhouse
unless the Planning Board determines that sewage generation for the
total Recreation and Residential Overlay District project will not
exceed 10,000 gallons per day in perpetuity or unless wastewater generation
during the initial phases of development has not reached the minimum
threshold for which DEP will issue a groundwater discharge permit
or for which the Sharon Board of Health will issue a treatment works
construction permit.
(4)
Wastewater treatment plant effluent shall meet Massachusetts
Drinking Water Standards (310 CMR 22.00) and Massachusetts Surface
Water Quality Standards for Class A surface waters.
(5)
Any on-site sanitary sewers shall be subject to ongoing requirements
for leak detection and repair.
c.
Stormwater management. Stormwater management facilities shall be
provided to collect and treat all stormwater runoff from all developed
areas and shall comply with the Department of Environmental Protection's
Stormwater Management Standards [310 CMR 10.05(6)(k) through (q)],
whether or not the activity is subject to the Massachusetts Wetlands
Protection Act (MGL c. 131, § 40).
(1)
Stormwater management facilities shall attenuate increases in
the rate of off-site discharge for the one-year-frequency storm event.
(2)
Stormwater management facilities incorporating low-impact design
measures shall be used to abate contaminants caused by golf course
operation, including nitrogen and phosphorous.
(3)
Low-impact design using on-lot stormwater management and recharge
shall be used to the maximum extent practicable, including separate
roofwater recharge facilities, including raingardens and lawn depressions,
and porous pavement for unit driveways and walkways. Grading for two-family
dwellings, including its driveway grading, should disconnect lot runoff
from the primary access drive.
(4)
The stormwater management system shall provide for collection
and treatment of runoff from the ten-year-frequency storm event and
shall provide for no increase in the peak rate of discharge for the
ten- and one-hundred-year-frequency storm events. Rainfall shall be
based on NOAA Atlas 14.
d.
Irrigation. Irrigation of the golf course lot and any portions of
the golf course within easements on contiguous lots shall be allowed
and shall not be subject to the requirements of the remainder of this
paragraph. Irrigation on any lot containing two-family dwellings or
the multiuse clubhouse (but not including the golf course) shall be
allowed if potable water from the Sharon municipal water distribution
system is not used for irrigation and if irrigation is subject to
an irrigation management plan that incorporates staged drought management
provisions and incorporates use of non-municipal water and treated
effluent application to turf to the extent allowed by regulatory agencies.
On-site well water may be used if authorized by agencies having jurisdiction,
but drawdown (excluding drawdown by wells serving the golf course)
affecting adjacent water supply wells shall be minimized.
e.
Landscaping. Landscaping shall be provided for all two-family dwelling
lots and the multiuse clubhouse lot (but not the golf course). Plant
materials shall be native species where practicable. Invasive plants
listed on the Massachusetts Department of Agricultural Resources'
Massachusetts Prohibited Plant List shall not be planted. Methods
of application and allowed quantities of fertilizers are subject to
limitations of a turf management plan approved during site plan review.
f.
Water conservation. Buildings shall, as practicable, incorporate
water conservation devices, including water-efficient plumbing fixtures
and appliances.
g.
Traffic mitigation. Off-site intersection upgrades shall be provided
that minimize the negative impact of project-generated traffic on
operations at intersections in the traffic study area.
4395.
Dimensional regulations. A Recreation and Residential Overlay
District project shall comply with the dimensional requirements set
forth herein.
a.
Dimensional requirements for the total Recreation and Residential
Overlay District project are as follows:
(1)
Minimum total project area: 180 acres.
(3)
Maximum total project density.
(i)
Fifty-two dwelling units total per Recreation and
Residential Overlay District project.
(ii)
One multiuse clubhouse per Recreation and Residential
Overlay District project.
(iii)
Two bedrooms per dwelling unit maximum and 104
bedrooms total per Recreation and Residential Overlay District project.
b.
Location requirements.
(1)
Two-family dwellings shall be located on one or more lots and
more than one building containing two-family dwellings may be located
on a lot. The golf course and the multiuse clubhouse shall each be
located on a separate lot.
(2)
All two-family dwellings shall use primary access drives for
access. Curb cuts for driveways serving individual two-family dwellings
are prohibited on public ways in existence as of the date of an application
for site plan approval of a Recreation and Residential Overlay District
project.
c.
Dimensional requirements for lots are as follows:
(1)
Minimum lot area for two-family dwelling use: the greater of
60,000 square feet or 8,500 square feet per dwelling unit.
(2)
Minimum lot area for golf course: 160 acres.
(3)
Minimum lot area for multiuse clubhouse: 10 acres.
(4)
Minimum lot width for all uses: 210 feet.
(5)
Minimum lot frontage: 2/3 of the minimum lot width.
(6)
Maximum lot coverage: 25%.
(8)
Maximum gross floor area for the multiuse clubhouse facility:
50,000 square feet.
(9)
Minimum street setback for principal or accessory buildings:
100 feet.
(11)
Minimum separation between principal or accessory buildings
on the same lot: 10 feet.
(12)
Maximum separation between principal buildings in multiuse clubhouse
use on the same lot: 50 feet.
d.
Maximum building height.
(1)
For dwellings: not to exceed the more restrictive of 2.5 stories
or 35 feet.
(2)
For multiuse clubhouses: not to exceed the more restrictive
of two stories or 40 feet, including rooftop mechanical equipment.
(3)
For accessory buildings: not to exceed the more restrictive
of two stories or 30 feet.
4396.
Required off-street parking and loading.
a.
Minimum parking requirements.
(1)
Residences: two parking spaces per dwelling unit.
(2)
Multiuse clubhouse: five parking spaces per 1,000 square feet
of floor area. As part of the site plan review and approval process,
the Planning Board may reduce the number of parking spaces required
upon submission of a parking management plan prepared by a civil professional
engineer (PE).
b.
Design requirements for two-family dwelling parking.
(1)
Parking spaces shall be located within 100 feet of the residence.
(2)
Each parking space shall have direct access to an access drive,
and stacked parking spaces shall not count toward the minimum number
of required parking spaces.
(3)
Each parking space shall be capable of containing a rectangle
not less than nine feet by 18 feet.
c.
Design requirements for golf course and multiuse clubhouse parking.
(1)
Parking spaces shall be located within 700 feet of the multiuse
clubhouse.
(2)
Each parking space shall have direct access to a parking aisle
or access drive and shall be capable of containing a rectangle not
less than nine feet by 18 feet.
(3)
Parking aisles shall have a minimum width of 24 feet for two-way
traffic.
(4)
For event parking and other short-term periods of peak parking
demand, the Planning Board may consider alternative parking provisions
as conditions of site plan approval which include, but are not limited
to, overflow parking on unpaved surfaces, shared parking, valet parking,
and off-site parking with shuttle service.
d.
Homeowner and property owner organization documents must include
provisions for establishing and enforcing parking restrictions and
prohibitions.
e.
Minimum loading requirements for the multiuse clubhouse: one loading
space per 50,000 square feet of gross floor.
f.
Design requirements for loading spaces: Each loading space shall
have direct access to an access drive and shall be capable of containing
a rectangle not less than 12 feet by 40 feet and vertical clearance
of 14 feet.
4397.
Site plan review and approval. All uses within a Recreation
and Residential Overlay District require site plan approval from the
Planning Board. Unless waived by the Planning Board, applications
for site plan review and approval shall comply with the following:
a.
Applicants are encouraged to submit sketch plans and meet informally
with the Planning Board prior to formal submission of a site plan
approval application.
b.
Submittal. A copy of the site plan application must be filed with
the Town Clerk and a copy of the application, including the certification
by the Town Clerk, must be filed forthwith by the petitioner with
the Planning Board. The Planning Board shall hold a public hearing,
for which notice has been given as provided in MGL Chapter 40A.
c.
Site plans shall show the total Recreational and Residential Overlay
District project, including all lot boundaries and all proposed phases
of development within the Recreation and Residential Overlay District
project, and all contiguous land within the Recreation and Residential
Overlay District.
d.
Site plans shall be drawn to a scale of 40 feet to the inch (or such
other scale as the Planning Board may accept). Site plans shall be
prepared by a multidisciplinary team and shall be signed and sealed
by a Massachusetts civil professional engineer (PE), a Massachusetts
professional land surveyor (PLS), and a Massachusetts registered landscape
architect (RLA).
e.
Existing conditions survey shall be based upon on-the-ground fieldwork.
Layout shall be tied to the Mass State Coordinate System, and elevations
shall be on North American Vertical Datum (NAVD 88).
f.
Site plans shall include a cover sheet, layout sheet, grading and
drainage sheet, landscaping sheet, details sheet, a sedimentation
and erosion control sheet, a traffic control sheet, a lighting sheet,
and a construction phasing sheet. The plans shall show, among other
things, all existing and proposed lot boundaries, buildings and structures
and their uses, means of building egress, parking areas, driveway
openings, driveways for individual dwelling units, and zoning summary
table.
g.
Site plans shall show existing and proposed grading with a one-foot
contour interval and spot grades based on NAVD 88.
h.
Site plans shall show all on-site local, state, and federal regulatory
resource boundaries, and buffer zones shall be clearly identified,
and all wetland flag locations shall be numbered and placed upon the
site plan.
i.
Site plans shall show sanitary sewer collection systems and wastewater
treatment systems, including septic systems in compliance with Massachusetts
Department of Environmental Protection and Sharon Board of Health
regulations, if and as applicable; stormwater management systems;
water distribution systems; and cable utility systems.
j.
A stormwater management report shall be submitted that includes a
narrative, a stormwater checklist signed and sealed by a civil professional
engineer (PE), TR-55/TR-20 based hydrologic analysis, rational formula
pipe sizing calculations, a long-term pollution prevention plan (Standards
4-6), a construction period pollution prevention and erosion and sedimentation
control plan (Standard 8), and an operation and maintenance plan (Standard
9).
k.
Site plans shall show, primary access drives, parking areas, accessible
parking spaces and accessible routes, loading and service areas, pedestrian
and bicycle facilities, waste disposal facilities and dumpsters, and
open space.
l.
Site plans shall also show all proposed two-family dwellings and
related site improvements.
m.
Site plans shall show a detailed plan of all golf course elements
to be established or existing elements to be disturbed or changed,
including fairways, tees, greens, rough areas and hazards, cart paths,
golf driving range and practice facilities, irrigation system, irrigation
wells, maintenance facilities; parking and loading areas; and shall
show a detailed plan of open space, including natural vegetation areas.
n.
Site plans shall show all components of the multiuse clubhouse, including
means of building egress, parking and loading areas, pedestrian and
bicycle facilities, refuse and other waste disposal facilities, and
dumpsters.
o.
Earthwork quantities shall be provided.
p.
Site plans shall show all hydrants, fire protection systems, site
lighting, and lighting fixture and pole details. All lighting fixtures
shall be designed based upon dark skies principles by minimizing the
upward projection of light.
q.
Site plans shall include landscape plantings and planting details,
and all hardscape elements. Site lighting fixture locations shall
be shown for coordination purposes. The drawings shall show the quantity,
location, species, and height or caliper of all trees and shrubs and
the species, size, and quantity of all groundcovers. Details shall
be provided for all structures and hardscape elements, and planting
details shall be provided for coniferous and deciduous trees and shrubs
of each size.
r.
A report shall be submitted evaluating the LEED for Neighborhood
Development: Plan points for which the site improvements within the
Recreation and Residential Overlay District are eligible. However,
formal LEED ND certification, evaluation of building design, and inclusion
of at least one certified green building shall not be required.
s.
Typical architectural plans and elevations and colors and materials
shall be submitted for each typical two-family dwelling type. Specific
architectural plans and elevations and colors and materials shall
be submitted for all principal nonresidential buildings.
t.
A complete sign package shall be submitted, including all informational
and directional signage. All wall signs and freestanding signs shall
be shown. Sign plans and details shall show locations, dimensions,
colors, materials, finishes, methods of illumination and illumination
levels, and methods of structural support.
u.
A traffic study prepared by a traffic or civil professional engineer
shall be submitted evaluating existing, no-build, and build intersection
operations in the traffic study area (TSA) shall be submitted. The
TSA shall be established by the Planning Board to include the nearest
major intersection on each approach to the principal site entrance
and other intersections as designated. Traffic counts must be taken
within one year of the date of submission; trip generation shall be
based on the Institute of Transportation Engineers (ITE); trip distribution
and traffic assignment shall be quantitatively based; sight distance
at the site entrance shall be evaluated, and intersection crash rates
shall be calculated. For locations where intersection operations are
impacted, measures to avoid, minimize, and mitigate traffic impacts
shall be developed and evaluated; the applicant's commitment to mitigation
shall be clearly stated.
v.
Reports to the Planning Board. Within 10 days following receipt of
a duly submitted site plan application, the Planning Board shall transmit
one copy thereof to the Board of Health and Conservation Commission.
The Board of Health and Conservation Commission shall review the site
plan application and report in writing their recommendations to the
Planning Board within 45 days. The Board of Health and Conservation
Commission may seek pertinent information from other Town officials
or boards and may request additional information from the applicant.
The Planning Board shall not take final action on said plan until
it has received reports thereon from the Board of Health and Conservation
Commission, or until 60 days have elapsed after the transmission of
the plan to the board in question without submission of a report thereon.
w.
Criteria. In granting site plan approval, the Planning Board shall
consider the following:
(1)
The extent to which the site plan fulfills the objective of
the Recreation and Residential Overlay District to create a viable
residential community with the amenities afforded by an on-site golf
course and multiuse clubhouse and passive open space areas.
(2)
The extent to which the overall development incorporates green
development principles of energy efficiency and sustainability and
utilizes LEED for Neighborhood Development (ND) strategies in accordance
with Section 4391i.
(3)
The extent to which convenient and safe vehicular and pedestrian
movements are accommodated within the site, and in relation to adjacent
streets, property or improvements.
(4)
The extent to which adequate utility services are provided to
serve proposed residential and recreational uses.
(5)
The extent to which adequate provisions are made for disposal
for sewage, refuse or other wastes; drainage for surface water; and
removal of snow.
(6)
The extent to which measures are provided to minimize impacts
on surface water and groundwater.
(7)
The extent to which wastewater treatment plant effluent meets
the Massachusetts Drinking Water Standards (310 CMR 22.00) and the
Massachusetts Surface Water Quality Standards for Class A surface
waters.
(8)
The extent to which stormwater management facilities shall attenuate
increases in the volume of off-site discharge for the one-year-frequency
storm event.
(9)
The extent to which stormwater management facilities conform
to the Massachusetts Department of Environmental Protection's Stormwater
Management Standards [310 CMR 10.05(6)(k) through (q)].
(10)
The extent to which stormwater management facilities in concert
with low-impact design measures abate contaminants caused by golf
course maintenance.
(11)
The extent to which low-impact design is used.
(12)
The extent to which the stormwater management system prevents
any increase in the peak rate of discharge for the ten- and one-hundred-year-frequency
storm events.
(13)
The extent to which buildings incorporate water conservation
devices, including water-efficient plumbing fixtures.
(14)
The extent to which rooftop mechanical equipment is visually
screened and acoustically buffered.
(15)
The extent to which negative traffic impacts are minimized in
off-site intersections in the intersection study area through provision
of necessary intersection upgrades.
(16)
The extent to which use of potable water from the Sharon municipal
water distribution system for irrigation is avoided. The extent to
which irrigation water use, including water from on-site wells, is
minimized through adherence to an irrigation management plan; and
for wells on two-family dwelling and multiuse clubhouse lots (but
excluding consideration of wells serving the golf course), the extent
to which irrigation well drawdown impacts affecting existing water
supply wells on neighboring properties are minimized.
(17)
The extent to which native plant materials are used; invasive
plants are avoided; and the quantities of pesticides, fertilizers,
and herbicides are minimized.
(18)
The extent to which runoff from pedestrian areas, landscape
areas, and low-volume vehicular areas is accommodated using low-impact
design principles.
(19)
The extent to which underground utilities are provided.
x.
Final action by the Planning Board. The Planning Board final action
shall consist of an approval based on the determination that the site
plan for the Recreation and Residential Overlay District project is
consistent with the criteria and requirements set forth in this Section
4390, an approval subject to reasonable conditions consistent with
the criteria and requirements set forth in this Section 4390, or a
denial based on a determination that:
(1)
The required site plan application filing materials for the
Recreation and Residential Overlay District project is incomplete;
or
(2)
The site plan is inconsistent with the criteria and requirements
set forth in this Section 4390 (unless otherwise waived) so that it
admits of no reasonable solution.
4398.
Consultants. To facilitate review of an application for a site
plan, the Planning Board may engage outside consultants in accordance
with Section 4388. Consultants may be engaged to review any or all
components of the site plan submission or any off-site improvements
proposed in conjunction with the project. Additionally, for projects
requiring issuance of state or federal permits, consultants may be
engaged to peer review submissions to the state or federal agency
and to represent the Town before these agencies to protect the Town's
interests. Consultants may be engaged to observe construction of the
site improvements authorized by site plan approval.
a.
Scope of work. In the course of exercising its powers under this
bylaw, the Planning Board may engage outside consultants for peer
review of submissions, for peer review and representation in regard
to state and federal permits and licensing, or for construction observation.
Consultants are selected by majority vote of the Planning Board.
b.
Review fees. Applicants shall reimburse the Town for the fees and
expenses of outside consultants engaged by the Planning Board. Fees
shall be paid prior to inception of each phase of the work. Escrow
accounts shall be replenished within 15 days following receipt of
notice. Failure to pay fees in accordance with the aforesaid shall
be deemed, after notice to the applicant, with an opportunity to cure,
to constitute withdrawal of the project. Fees shall be deposited in
a special account established by the Town Treasurer and may be expended
only for the purposes described above.
c.
Prior to engaging the consultant, applicants may appeal selection
of a particular consultant to the Select Board. The grounds for such
an appeal shall be limited to claims that the consultant selected
has a conflict of interest or does not possess the minimum required
qualifications. In the event that no decision is made by the Select
Board within one month following the filing of the appeal, the selection
made by the Planning Board shall stand.
4399.
Enforcement and implementation. Any site plan approval issued
under this section shall lapse within one year if actual construction
of site infrastructure in accordance with the approved site plan has
not commenced sooner, except upon application within one year and
for good cause shown. Construction shall not include site preparation
and preliminary site clearing activities. Such time period shall be
extended upon request by the applicant for one year. A Recreation
and Residential Overlay District project may be constructed in multiple
phases over time. Once construction of any portion of a Recreation
and Residential Overlay District project has commenced, such site
plan approval shall not lapse if the construction proceeds in phases
in accordance with an overall project schedule of completion not to
exceed four years unless extended by the Planning Board for good cause
shown.
