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.
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, 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 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.
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.
[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.
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 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.
Definitions. The following terms shall have the meanings set forth herein, notwithstanding any conflicting definitions in Article
V:
MULTIUSE CLUBHOUSE
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.
PRIMARY ACCESS DRIVE
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.
RECREATION AND RESIDENTIAL OVERLAY DISTRICT PROJECT
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:
a. Permitted uses:
(1)
Two-family dwellings (located in one or more buildings on a
lot).
(2)
Golf course, golf driving range, and golf practice facility.
(4)
Gymnasium/health club/fitness center.
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.
(2)
Maximum total area of lots within a recreational and residential
overlay district project:
(i) For Two-family dwelling use: 20 acres.
(ii) For multiuse clubhouse use without golf course:
24 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.
(4)
Maximum total project coverage limits.
(i) Maximum area of impervious materials, including
structures: 15%.
(ii) Minimum natural vegetation area: 10%.
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%.
(7)
Maximum coverage limits of impervious materials, including structures:
(i) For the golf course: 10%.
(ii) For the multiuse clubhouse: 40%.
(iii) For the two-family dwellings: 50%.
(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.
(10)
Minimum setback for principal or accessory buildings:
(i) From side lot lines: 15 feet.
(ii) From rear lot lines: 20 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.