It is the purpose of this section to establish a Sharon Commons
Smart Growth Overlay District and to encourage smart growth in accordance
with the purposes of MGL c. 40R, and to foster a range of housing
opportunities to be proposed in a distinctive and attractive site
development program that promotes compact design, preservation of
open space, and a variety of transportation options, including enhanced
pedestrian access to employment and nearby transportation systems.
Other objectives of this section are to:
a. Promote the public health, safety, and welfare by encouraging diversity
of housing opportunities;
b. Provide for a full range of housing choices for households of all
incomes, ages, and sizes in order to meet the goal of preserving municipal
character and diversity;
c. Increase the production of a range of housing units to meet existing
and anticipated housing needs;
d. Provide a mechanism by which residential development can contribute
directly to increasing the supply and diversity of housing;
e. Establish requirements, standards, and guidelines, and ensure predictable,
fair and cost-effective development review and permitting;
f. Establish development standards to allow context-sensitive design
and creative site planning;
g. Enable the Town to receive zoning incentive payments and/or density
bonus payments in accordance with MGL c. 40R, 760 CMR 59.06, and additional
Chapter 70 aid in accordance with MGL c. 405 arising from the development
of housing in the Sharon Commons Smart Growth Overlay District.
For purposes of this section, the following definitions shall
apply. All capitalized terms shall be defined in accordance with the
definitions established under the Enabling Laws or this Subsection
4902. To the extent that there is any conflict between the definitions
set forth in this section and the Enabling Laws, the terms of the
Enabling Laws shall govern.
AFFORDABLE HOUSING RESTRICTION
A deed restriction of Affordable Housing meeting statutory
requirements in MGL c. 184, § 31 and the requirements of
Subsection 4904e.
AS-OF-RIGHT PROJECT or PROJECT
A residential development allowed under Subsection 4905 without
recourse to a special permit, variance, zoning amendment, or other
form of zoning relief.
ASSISTED -LIVING FACILITY
A facility licensed by the Executive Office of Elder Affairs
pursuant to MGL c. 19D and all applicable requirements. This definition
shall not include any other forms of group living quarters such as
group foster care group homes, single-room-occupancy residences, rooming
or lodging houses, and other facilities as listed in Commonwealth
of Massachusetts Regulations (651 CMR 12.01).
DEVELOPMENT PROJECT
A residential development undertaken within the SCSGOD. A
Development Project shall be identified on a Site Plan which is submitted
to the Plan Approval Authority for site plan review in accordance
with the requirements of this Section 4900.
DHCD
The Department of Housing and Community Development of the
Commonwealth of Massachusetts or any successor agency.
ELIGIBLE HOUSEHOLD
An individual or household whose annual income is less than
80% of the area-wide median income as determined by the United States
Department of Housing and Urban Development (HUD), adjusted for household
size, with income computed using HUD's rules for attribution of income
to assets.
PLAN APPROVAL
Standards and criteria which a Project in the SCSGOD must
meet under the procedures established herein and in the Enabling Laws.
PLAN APPROVAL AUTHORITY
For purposes of reviewing Project applications and issuing
decisions on development Projects within the SCSGOD, the Plan Approval
Authority (PAA), consistent with MGL c. 40R and 760 CMR 59.00, shall
be the Zoning Board of Appeals. The PAA is authorized to approve a
Site Plan to implement a Project.
SITE PLAN
A plan depicting a proposed Development Project for all or
a portion of the Sharon Commons Smart Growth Overlay District and
which is submitted to the Plan Approval Authority for its review and
approval in accordance with provisions of this bylaw.
No building or structure shall be built nor shall any existing
building or structure be enlarged except in conformance with the following
Table of Dimensional Requirements:
Table of Dimensional Requirements
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Setbacks
(feet)
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Subzone
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Minimum Area
(square feet)
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Maximum Building Height
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Required Frontage
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Minimum Width
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Maximum Coverage
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Front
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Side
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Rear
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A
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60,000
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4 stories* or
60 feet
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N/A
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N/A
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35% building footprint;
60% total impervious
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50
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10
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10
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B
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60,000
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2.5 stories or
40 feet
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N/A
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N/A
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35% building footprint;
60% total impervious
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5
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5
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5
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*
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Not including below-grade parking facilities.
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The provisions of the SCSGOD shall be administered by the Zoning
Enforcement Officer, except as otherwise provided herein. Any appeal
arising out of action by the PAA regarding an application for Plan
Approval for a Project shall be governed by the applicable provisions
of MGL c. 40R. Any other request for enforcement or appeal arising
under this section shall be governed by the applicable provisions
of MGL c. 40A.
If any provision of this Section 4900 is found to be invalid
by a court of competent jurisdiction, the remainder of Section 4900
shall remain in full force. The invalidity of any provision of this
Section 4900 shall not affect the validity of the remainder of the
Town's Zoning Bylaw.