[Amended 10-4-2021 STM by Art. 27, AG 1-27-2022, eff. 10-4-2021]
7.1.1.
General. Notwithstanding any other provisions of
Section 4.0, the following shall apply.
7.1.2.
Area. Except as provided with regard to conversion
of a single family dwelling to not more than three dwelling units,
no multifamily dwelling shall hereafter be erected, placed, altered
or converted in the General Use District on any lot having an area
of less than thirty thousand (30,000) square feet per dwelling unit
and continuous street frontage of less than two hundred (200') feet
and no multifamily dwelling shall hereafter be erected, placed, altered
or converted in the General Use X District on any lot having an area
of less than forty thousand (40,000) square feet per dwelling unit
and continuous street frontage of less than two hundred (200') feet.
7.1.3.
Coverage. No multifamily dwelling shall occupy
more than 25% of the lot.
7.1.4.
Parking. No multifamily dwelling shall have less
than two (2) 10' x 20' parking stalls for each dwelling unit in the
remaining 75% of the lot.
7.1.5.
Multiple Uses. No multifamily dwelling shall be
located on a lot that also contains a commercial use or single family
dwelling.
7.2.1.
Special Permit Required. Dwelling units situated
above the street level floors are allowed by special permit provided
that the SPGA finds that the proposed dwelling units will not overburden
available automobile parking within the general area in which the
building is located. Said requirements shall be presumed to be met
if the building, which has a dwelling unit, is located within one
quarter mile of an off-street public parking lot where overnight parking
of motor vehicles is allowed. Otherwise, there shall be a minimum
of one and one half (1 1/2) - 10' x 20' parking spaces for each
dwelling unit, provided on the same parcel of land where the dwelling
units are located.
7.2.2.
Requirements and Standards. Dwelling units situated
above the street level floors of buildings are subject to the following
conditions:
7.2.3.
Decision Criteria. In addition to the findings
required under Section 9.4 the following affirmative findings shall
be made:
1.
The condition and uses of adjacent structures and the nature
of the general area in which the proposed dwelling units are to be
located will not result in undue congestion or overcrowding with the
addition of the proposed dwelling units.
2.
The property on which the proposed dwelling units are to be
located provides an attractive appearance for the general area in
which it is located.
3.
The property to be used for dwelling units shall have adequate
access to a street.
4.
The dwelling units are compatible with existing uses on properties
in the general area of the property, within and outside of the district,
so that such proposed dwelling unit use is not detrimental to the
area.
5.
The project is in compliance with the site plan requirements
of Sections 6.6.3 through 6.6.10.
7.2.4.
Conditions. Conditions, limitations and safeguards
may be imposed to effect compliance with this section and may include
but not be limited to limitations on the number of dwelling units
and bedrooms therein.
7.3.1.
Purpose. The purpose of this Section is to:
1.
Provide older homeowners with a means of obtaining rental income
or to live more economically; enjoy companionship, security and services
from nearby family members thereby enabling them to live more comfortably
in a home and in neighborhoods they might otherwise be forced to leave.
2.
Make housing units available to low and moderate-income households
which might otherwise have difficulty finding homes within the town.
3.
Protect property values and the residential character of a neighborhood
by ensuring that family accessory apartments are installed only in
owner occupied houses and under such additional conditions as may
be appropriate to further the purpose of this Bylaw.
7.3.2.
Special Permit Required. The Zoning Board of Appeals
shall be the Special Permit Granting Authority. Family accessory apartments
may be permitted in all districts, except the CD District, by special
permit in accordance with the requirements specified herein.
7.3.3.
Standards and Requirements. The SPGA may authorize
a special permit provided that the following standards and requirements
are met:
1.
A family accessory apartment may be part of a new single family
dwelling, part of an existing single family dwelling or an addition
to an existing single family dwelling. A family accessory apartment
shall have not more than two bedrooms. It shall be contained within
a new or existing single-family dwelling or if added to the exterior
of a single family dwelling it may have a separate entrance located
on the side or rear of the building. A family accessory apartment
shall be less than fifty (50%) of the floor area of the single-family
dwelling.
2.
Only one family accessory apartment may be located as part of
or within a single family dwelling.
3.
Any addition to a single-family dwelling must meet the minimum
setback requirements in the district in which the property is located.
4.
At least one of the record owners of the property, which contains
a family accessory apartment, shall occupy one of the dwelling units
in the single family dwelling as a primary residence. Only one or
more members of the immediate family of a record owner of the property
which contains a family accessory apartment shall occupy the accessory
apartment. "Immediate family" shall mean parents, grandparents, children,
grandchildren and siblings of a record of owner.
5.
All stairways to second and third stories shall be enclosed
within the exterior walls of the dwelling, to the extent feasible.
6.
An addition to the original building may be permitted, provided
that the addition increases the floor area of the original buildings
by less than fifty (50) percent and the addition, in the opinion of
the SPGA, will not alter the residential character of the building.
7.
At least two off street vehicle parking spaces shall be available
for use by the residential occupants of the principal dwelling unit
and at least two off street vehicle parking spaces shall be available
for use by the residential occupants of the family accessory apartment.
8.
The Health Officer shall certify that the means of water supply
and sanitary disposal shall be adequate to support both dwelling units.
9.
The construction of any family accessory apartment must be in
conformity with State Building Code requirements.
10.
In order to provide for the development of housing units for
disabled and handicapped individuals, the SPGA may allow reasonable
deviation from the requirements of this Section where necessary to
install features that facilitate access and mobility for disabled
persons.
11.
The special permit shall reference the immediate family member(s)
by name who will occupy the family accessory apartment. The Building
Inspector shall be notified of any change from one family member to
another.
7.4.1.
Purpose. The Purpose of this Section shall be to
assist in maintaining the Town's rural character and lifestyle by
encouraging retention of large parcels of contiguous usable land for
agricultural and residential uses.
7.4.2.
Special Permit Required. The Planning Board shall
be the Special Permit Granting Authority (SPGA). Not withstanding
the street frontage requirement in Section 4.0, the SPGA may grant
a special permit to allow a Retreat Lot in the Residence A, Residence
B, Residence Rural, General Use and General Use X Districts.
7.4.3.
Requirements. The issuance of a special permit
for a Retreat Lot shall be subject to the following requirements:
1.
The use of a Retreat Lot shall conform to the requirements of
Section 3.0 with respect to uses allowed as of right and by special
permit.
2.
Minimum lot size shall be five (5) times the minimum lot area
in which the Retreat Lot is located.
3.
The Retreat Lot shall have a minimum of forty (40') feet of
continuous frontage on a street.
4.
Fifty percent (50%) of the minimum lot area shall be upland.
Upland shall be an area of the Retreat Lot in which no land, with
the exception of the riverfront area, is subject to the protection
of the Wetlands Protections Act, G. L. CHAPTER 131, s. 40.
5.
The land extending from the street to a point where the lot
width is at least one hundred (100') feet wide is considered the access
area which shall be a minimum forty (40') feet wide throughout its
length and must be included as part of the Retreat Lot. No access
area shall be less than fifty (50') feet in length measured from the
street line. The access area land shall not be counted toward the
minimum lot area or percent upland area calculations unless said access
area exceeds one hundred (100') feet wide throughout. The access area
must be designed as straight as possible and in such a way that a
maximum of two (2) straight lines connected by a single angle change
can be drawn from the street frontage to the upland building area,
wholly within the lot.
6.
Any area of the lot which is less than one hundred (100') feet
wide shall not be counted toward the minimum lot area or percent (%)
upland area calculations.
7.
Shape factor shall be the square of the perimeter of the lot
in feet divided by the lot area shall be less than or equal to 60.0.
Shape factor calculation shall not include the access area unless
the access area is greater than one hundred (100') feet wide throughout
its length. A lot may have a shape factor exceeding 60.0, if a portion
of the lot, itself, meets all of the requirements of this section
and has a shape factor of 60.0 or less.
8.
The Retreat Lot must be capable of containing an "upland building
area" of 40,000 square feet of contiguous land, in the shape of a
circle, square or rectangle and in the use of a rectangle no side
may measure less than one hundred eighty (180') feet, within which
no land, with the exception of the riverfront area, is subject to
the protection of the Wetlands Protection Act, MGL Chapter 131 Section
40. The upland building area shall be included in the lot area used
to calculate the lot's shape factor.
9.
Not less than seventy-five percent (75%) of the footprint of
any dwelling shall be located within the upland building area.
10.
No Retreat Lot access area shall abut another Retreat Lot access
area and must be separated by a parcel of land having at least one
hundred fifty (150') feet of frontage and an area of seventy five
hundred (7,500) square feet.
11.
A Retreat Lot and its access area shall serve as access to the
Retreat Lot and no other lot.
12.
Access to a dwelling on a Retreat Lot shall be exclusively within
the Retreat Lot including through the access area of the Retreat Lot.
13.
The maximum driveway length from the street to the dwelling
shall not exceed 2000 feet unless otherwise allowed by the Planning
Board.
14.
No driveway shall be placed within ten (10') feet of any lot
line unless a finding is made by the Planning Board that this distance
may be reduced but not eliminated and the Retreat Lot may be subject
to appropriate conditions or safeguards if deemed necessary by the
Planning Board.
15.
Not more than one single family dwelling shall exist on a single
Retreat Lot.
16.
No dwelling, building or structure shall be erected, placed
or converted closer than fifty (50') feet from the street lines, side
lot lines and rear lot lines. The requirements set forth in the previous
sentence shall not apply to dwellings, buildings or structures erected,
placed or converted on a lot before the filing of an application for
a Retreat Lot special permit.
17.
The Retreat Lot shall not be further subdivided. It shall be
a condition of the special permit that there is a prohibition against
further subdivision. A deed restriction preventing further subdivision
(enforceable by the Town of Middleborough or any citizen of the Town)
shall also be recorded with the plan.
18.
The following notes shall be placed on the plan: "The Retreat
Lot shown on this plan shall not be further subdivided" and "No building
permit shall be issued for the Retreat Lot on this plan until a copy
of the recorded deed restriction and special permit is delivered to
the Planning Board."
19.
No Retreat Lot shall be approved by the Planning Board if vehicular
egress from the lot results in a hazard due to grade, visibility or
other natural or artificial limitations greater than would be normal
for a standard lot in the same vicinity.
20.
Existing drainage patterns shall not be disrupted by the construction
of a driveway on the Retreat Lot. A grading plan showing existing
and proposed conditions may be subject to appropriate conditions or
safeguards if deemed necessary by the Planning Board.
7.4.4.
Application. An application for a Retreat Lot shall
include a plan prepared by a Registered Land Surveyor and if necessary,
a Professional Engineer, depicting the Retreat Lot and showing that
it is in compliance with all of the requirements of this Section.
7.5.1.
Purpose. This Section presents an alternative to
a conventional subdivision. Its purposes are as follows:
1.
To provide for the public interest by the preservation of open
space and natural resource features in perpetuity; and,
2.
To promote variety in single-family residential housing patterns
by encouraging development which is designed to accommodate a site's
physical characteristics such as: topography, vegetation, water bodies,
wetlands, open spaces such as farmlands and meadows, major scenic
views, wildlife habitats, archaeological and significant historic
resources.
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It is not the intent of this Bylaw to make undevelopable land
developable or to permit an increase in the number of building lots
that would otherwise be possible on a conventional plan, but rather
to encourage the preservation of important site features.
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7.5.2.
Special Permit Required. The Planning Board shall
be the Special Permit Granting Authority (SPGA). The Planning Board
shall adopt rules and regulations for the issuance of the special
permits applicable to this section.
7.5.3.
General Requirements. It is the general policy
of the Town to encourage the development of interior land parcels
when appropriate as Open Space and Resource Preservation Developments
and to discourage the development of land along existing road frontage,
thereby retaining and enhancing the visual quality of the Town and
maintaining the safety and efficiency of public ways. To implement
this policy, the following requirements shall be complied with:
1.
Any parcel of land located within a zone permitting Open Space
and Resource Preservation Development containing five (5) acres or
more and which may be developed as a conventional grid subdivision
may be considered for an Open Space and Resource Preservation Development
subject to a special permit issued by the Planning Board.
2.
After an Open Space and Resource Preservation Development application
has been submitted no tree removal, utility installation, ditching,
grading or construction of roads, grading of land or lots, excavation
except for purposes of soil testing with the approval of the Planning
Board, dredging or filling or construction of buildings or structures
shall be done on any part of the development site until the application
has been reviewed and received final action pursuant to this Bylaw.
3.
No Open Space and Resource Preservation Development will be
approved within an established single-family residential neighborhood
if the Planning Board determines that such land use would have a detrimental
effect to the established or future character of the neighborhood
and/or Town.
4.
It shall be the responsibility of an applicant for an Open Space
and Resource Preservation Development Special Permit to demonstrate
to the Planning Board that this form of development will be as or
more appropriate than traditional development patterns for the proposed
site.
7.5.5.
Dimensional Requirements.
1.
Size: The total area of the tract proposed for Open Space and
Resource Preservation Development shall be at least five (5) acres.
2.
Density: The number of building lots on the tract proposed for
Open Space and Resource Preservation Development may not exceed the
number of lots that could be constructed with a conventional grid
subdivision that complies with all applicable regulations, including
zoning, subdivision control, Board of Health and wetlands regulations.
3.
Area Regulations: The Planning Board may grant a variation of
all area regulations as set forth in Section 4.0 for all portions
of an Open Space and Resource Preservation Development if the Planning
Board finds that such reduction will result in better design, improved
protection of natural and scenic resources and will otherwise comply
with this Bylaw, provided that in no instance shall any lot deviate
from the following Table of Minimum Lot Requirements.
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Table of Minimum Lot Requirements
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Minimum Area
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30,000 square feet
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Minimum Frontage
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100 feet
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Lot Width at Building Line
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100 feet
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Minimum Front Yard Setback
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40 feet
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Minimum Side Yard Setback
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15 feet
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Minimum Rear Yard Setback
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20 feet
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Minimum Upland Requirement
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20,000 square feet
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Minimum Shape Factor
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(Perimeter of the lot - must be no greater than 30.0)
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7.5.6.
Development Standards. Prior to the issuance of
a special permit for an Open Space and Resource Preservation Development,
the applicant shall submit the information necessary to demonstrate
that the following development standards have been met. These standards
are in addition to the requirements of the Subdivision Rules and Regulations
and are in no way intended to replace any portion of those regulations.
1.
It is a policy of the Town to limit the number of curb cuts
on public ways. Within an Open Space and Resource Preservation Development,
normally only two (2) curb cuts will be allowed, although the Planning
Board may approve additional curb cuts if the applicant can demonstrate
that they are necessary for the site and will not result in traffic
hazards or congestion. In all instances, it will be the responsibility
of the applicant to demonstrate that the location, number and design
of curb cuts are both necessary and the most appropriate for the site.
2.
The development will not cause unreasonable traffic congestion
or unsafe traffic conditions both within and outside of the Open space
Development.
3.
The development will provide for and maintain convenient and
safe emergency vehicle access to all buildings and structures at all
times.
4.
The site design shall preserve and where possible, enhance the
natural features of the property, including scenic views, by adapting
the location and placement of structures and ways to the existing
topography in order to minimize the amount of soil removal, tree cutting
and general disturbance to the landscape and surrounding properties.
5.
The site design shall identify and ensure preservation of significant
and special natural features.
6.
The nature of the soils and subsoils shall be suited for the
intended purposes based upon the Soil Conservation Guidelines. This
determination shall focus upon, but shall not be limited to the locations,
design and construction of roadways, buildings, septic systems and
surface water drainage systems. Soil borings or test pits may be made
to provide information in soil texture, color, percolation rates and
depth to the ground water table at its maximum elevation.
7.
Post-development runoff from the site shall not exceed pre-development
runoff from the site for up to the one hundred (100') year storm event.
The applicant shall submit formal drainage calculation prepared by
a registered Professional Engineer for this purpose.
8.
All drainage structures, swales, retention and/or detention
ponds shall be placed on separate lots and not located on lots where
a dwelling shall be placed, unless waived by the Planning Board.
9.
Proper care shall be taken to implement soil erosion and sedimentation
control measures to prevent sedimentation and siltation of existing
surface water bodies and wetlands. In areas where the land slopes
downward toward any surface water body or fresh water wetland, proposed
filling, cutting, clearing or grading shall be minimized and all such
development activities shall be carried out in such a way as to retain
the natural vegetation and topography wherever possible. The Planning
Board may require that an erosion and sedimentation control plan be
submitted if significant erosion is anticipated in slope areas.
10.
The development shall comply with all other provisions of the
Subdivision Rules and Regulations and any other land use regulations
of the Town in effect at the time of application, insofar as they
are applicable. In accordance with MGL Chapter 41 Section 81R, the
applicant may request a waiver from the Subdivision Rules and Regulations
if such action is in the public interest and consistent with the intent
and purposes of this Bylaw and the Subdivision Control Law.
7.5.7.
Common Open Space Use and Design Standards.
1.
Within an Open Space and Resource Preservation Development,
no less than forty (40%) percent of the land area shall be devoted
to common open space. The common open space shall not include land
set aside for roads and/or parking uses. No more than fifty (50%)
percent of the common open space shall contain wetlands as defined
by MGL Chapter 131 Section 40.
2.
The common open space shall be designed and maintained in accordance
with the following standards:
a.
Areas to remain as naturally-existing woods, fields, meadows
and wetlands shall be maintained and may be improved in accordance
with good conservation practices.
b.
Common open space shall be planned as large, contiguous units
wherever possible. Strips of narrow parcels of common open space shall
be permitted only when necessary for access or as vegetated buffers
along site's perimeter.
c.
Common open space may be in more than one parcel provided that
the size, shape and location of such parcels are suitable for the
designated uses.
d.
No more than fifteen (15%) percent of the common open space
shall be covered by man-made impervious surfaces.
e.
Common open space may be used for active and passive recreation,
conservation, forestry, agriculture, natural buffers, structures necessary
for approved uses, utilities and other facilities necessary for the
convenience and enjoyment of the residents. Access ways, parking,
underground utilities and structures necessary for and accessory to
uses permitted within this paragraph are allowable uses within the
common open space. Use of common open space as provided for within
this paragraph shall in all instances require approval by the Planning
Board and all structural improvements and impervious surfaces must
be shown on the definitive Open Space and Resource Preservation Development
Plan.
f.
If detention and/or retention ponds are necessary for the construction
of the improvements shown in the subdivision plan, such detention
and/or retention ponds shall not be located within the common space
shown on such plan. The Planning Board may waive this requirement
if the Board finds that the integrity and significance of the open
space and the benefit of the open space to the Town are not compromised
and that the open space created conforms with the intent and purpose
of the Bylaw. In no case, however, shall permanent clearing for drainage
improvements or utilities, including detention and/or retention ponds,
exceed ten (10%) percent of any common open space parcel.
g.
In cases where the common open space has been environmentally
damaged prior to the completion of the development as a result of
soil removal, harvesting of trees or other natural features, refuse
disposal or other activity deemed inappropriate with the proposed
uses of the common open space, the Planning Board may require the
posting of a bond or other appropriate form of performance guarantee
to ensure such restoration or improvement.
3.
There shall be a buffer at the perimeter of the development
consisting of trees, shrubs, vegetation and topographic features sufficient
to separate and/or screen the development from abutting properties.
This buffer shall be no less than one hundred (100') feet in width,
except where the subdivision roadway and associated infrastructure
intersect with the "street" as defined in Section 10.0 of this Bylaw.
The buffer shall be considered common open space. Upon finding by
the Planning Board that a buffer of lesser width would be sufficient
to screen and/or separate the development from adjacent property,
the buffer may be reduced. If, however, the perimeter of the site
abuts a General Use (GU), General Use X (GUX), General Use B (GUB),
Business (B) or Industrial (I) Zoning District, the Planning Board
may require the buffer area abutting a GU, B or I District to be greater
than one hundred (100') feet in order to ensure adequate separation
and/or screening from the abutting commercial zoning districts.
[Amended 10-4-2021 STM by Art. 27, AG 1-27-2022, eff. 10-4-2021]
4.
The Board may require no-cut easements, conservation restrictions
or the like, where the buffer requirement has been reduced. These
easements and restrictions shall be on private property located within
the subdivision, shall not be considered a "buffer" and shall not
be included in common open space calculations.
5.
Drainage structures, swales, retention and/or detention ponds
may not be located within the buffer area. The Planning Board may
waive this requirement if the Board finds that the integrity and significance
of the buffer and the benefit of the buffer to the abutting parcels
are not compromised.
6.
Buffers shall remain in their current natural state. If in the
opinion of the Planning Board the current natural state is insufficient
to adequately separate and/or screen the site from abutting properties,
additional trees, shrubs and/or plantings shall be required.
7.5.8.
Common Open Space Ownership and Management.
1.
Common open space in any Open Space and Resource Preservation
Development shall be conveyed by the owner(s) to: 1) the Town and
may be accepted by it for park or open space use; 2) a nonprofit corporation,
the principal purpose of which is the conservation of open space;
or, 3) a corporation or trust owned or to be owned by all the owners
of lots within the development. If a corporation or trust owned by
all the owners of lots is utilized, ownership thereof shall pass with
the conveyances of the lots. In any case, where such land is not conveyed
to the Town, a perpetual restriction of the type described in MGL
Chapter 184 Sections 31-34 (including future amendments thereto and
corresponding provisions of future laws) or some alternative legal
instrument, recorded in the Registry of Deeds and providing permanent
restrictions made running to or enforceable by the Town, providing
that such land shall be kept in an open or natural state and shall
not be built upon for residential use or developed for accessory uses
such as parking or roadway, shall be provided.
2.
If the common open space is not to be conveyed to the Town,
then the applicant shall include as part of the subdivision covenant,
a provision that the common open space shall be deeded as approved
by the Planning Board. In addition, the subdivision covenant shall
not be released until proof of compliance with the ownership requirements
set forth herein has been provided to the Planning Board.
3.
If the common open space is not to be conveyed to the Town,
the applicant for an Open Space and Resource Preservation Development
special permit must include a program describing how the common open
space will be maintained in perpetuity to standards satisfactory to
the Planning Board. The applicant shall also provide as part of the
common open space proposal an agreement empowering the Town to perform
maintenance of the common open space in the event of failure to comply
with the program included in the application pursuant to the preceding
sentence providing that, if the Town is required to perform any maintenance
work, the owners of lots within the Open Space and Resource Preservation
Development shall pay any costs incurred by the Town to maintain said
common open space which shall constitute a lien upon their properties
until said cost has been paid.
4.
The Planning Board may require that all such part of the common
open space as the Planning Board deems appropriate shall be clearly
identified and marked on the ground prior to the commencement of any
construction activity.
7.5.9.
Preliminary Concept Plan Review. Applicants shall
submit a Preliminary Concept Plan to the Planning Board, Board of
Health, Conservation Commission and Historical Commission and obtain
the opinion of the Planning Board as set forth herein prior to filing
a formal special permit application, in order to obtain a consensus
regarding the suitability of the site for an Open Space and Resource
Preservation Development; and, to determine the allowable density
by confirming the number of lots that could be built through the development
of a "conventional" subdivision constructed in accordance with the
underlying zoning district, the Subdivision Rules and Regulations
and any other applicable laws or regulations of the Town of Middleborough
and Commonwealth of Massachusetts in force at the time of submission.
Preliminary materials to be submitted shall include:
1.
A preliminary layout of a conventional grid subdivision showing
the allowable number of lots in accordance with the underlying zoning
district. The burden of proof shall be upon the applicant in determining
the allowable number of lots including but not limited to drainage
ability and septic capacity. Said plan shall comply with the requirements
of a Preliminary Plan as specified in the Subdivision Rules and Regulations
and in addition shall show the following information:
a.
Existing landscape features such as steep topography, a delineation
of areas with slopes over 25%, wetlands, rare and endangered species
and habitat, springs, lakes and ponds, streams, rock outcrops, boulder
fields, stone walls, cliffs, forest glades, drumlins, high points,
hill tops, ridges, archaeological and significant historic sites;
b.
Existing open areas such as forests, farm fields, meadows and
major long views;
c.
Wetlands shall have been delineated and formally certified by
the Middleborough Conservation Commission;
d.
Location of the one hundred (100) year flood plain shall be
designated;
e.
Two (2') foot contours shall be used to indicate the topography;
f.
The location and dimensions of all building lots and extent
of all ways and easements, existing and proposed drainage areas, preliminary
design of drainage structures and such other improvements as may be
proposed; and,
g.
Test pit, soil, drainage, sewer and water information as the
Planning Board may request.
2.
A Preliminary Concept Plan showing the proposed Open Space and
Resource Preservation Development based on the number of lots that
would be supported by a conventional subdivision plan. Said Preliminary
Concept Plan shall comply with the requirements of a Preliminary Plan
as specified in the Subdivision Rules and Regulations. In addition,
the plan shall include all of the information outlined in Sections
7.5.9.1 (a) through (g) and the following information:
3.
Supporting documents describing the proposed uses of the common
open space and proposing the preferred form of ownership and maintenance
thereof and a description of any facilities to be owned in common.
4.
Documentation establishing that the proposed Open Space and
Resource Preservation Development is as appropriate to the site or
more than a traditional, conventional subdivision plan, including
matters relating to the layout of ways and open space in relationship
to the surrounding property and the site; the degree to which the
plan provides for protection of important natural features including
wetlands, steep slopes and agricultural land; and, the extent to which
the plan provides for development of those areas best suited for building
purposes.
7.5.10.
Opinion on Preliminary Concept Plan and Lot Count. Within sixty (60) days after the receipt of preliminary materials
as specified herein, the Planning Board shall give its opinion as
to the number of lots that the site would support if constructed as
a conventional subdivision in compliance with the underlying zoning
district, the Subdivision Rules and Regulations; and, any other applicable
laws or regulations of the Town and Commonwealth of Massachusetts.
The Planning Board's opinion shall also include a determination of
the suitability of the site for an Open Space and Resource Preservation
Development. The Planning Board shall always compare the impact of
an Open Space and Resource Preservation Development with the impact
of a conventional development on the same site to insure that the
Open Space and Resource Development is not more adverse, would not
have a detrimental effect on the established or future character of
the neighborhood and is in the public interest. The Planning Board's
opinion on the preliminary concept plan and lot count may be made
with or without recommendations. The Planning Board shall provide
its Opinion on Preliminary Concept Plan and Lot Count to the Town
Clerk and Applicant in writing.
7.5.11.
Special Permit Application. The application for
an Open Space and Resource Preservation Development Special Permit
shall be accompanied by all documentation, specifications and plans
necessary to allow the Board to fully understand the intent of said
use, construction and development. The applicant shall submit engineering
and site plans for the entire property prepared by the appropriate
registered professional showing, but not limited to, anticipated location
of the building(s) on the lot with proposed setbacks, lot dimensions,
adjacent public ways, location of off-street parking, lighting, utility
systems, location and nature of common open spaces with proposed improvements
and amenities, specific notations as to project landscaping, locus
plans and other details deemed necessary by the Planning Board.
7.5.12.
Definitive Subdivision Plan. Applicants for a Special
Permit for Open Space and Resource Preservation Development shall,
at the time of filing the application, submit a Definitive Subdivision
Plan in conformity with the Subdivision Rules and Regulations of the
Planning Board and Subdivision Control Law MGL Chapter 41 Sections
81L through 81GG, which plan shall be derived from the overall development
shown on the Preliminary Concept Plan and the Opinion on Preliminary
Concept Plan and Lot Count issued by the Planning Board pursuant to
7.5.10 above. In addition to the materials required for submission
of a definitive subdivision plan, the following documents and information
shall be provided:
1.
The Definitive Subdivision Plan shall accurately show the proposed
layout of all lots, ways and common areas and structures in relation
to the common open space. In addition, the following note shall appear
on the plan to the effect that "No lot, including the common open
space as shown in these plans may be further subdivided".
2.
Re-grading and erosion plans, where required.
3.
Information as to the degree to which the proposed plan departs
from the requirements of the underlying zoning and the reasons why
such departures are deemed to be in the public interest.
4.
Drafts of proposed deeds, management plans for all common areas
and structures and the proposed open space restrictions, if any.
7.5.13.
Submittal to Other Boards. The applicant shall
submit the Special Permit and Definitive Subdivision applications
and accompanying plans to the Conservation Commission, Health Department,
Department of Public Works, Historical Commission, Board of Selectmen,
Town Manager, Police Department, Fire Department, Department of Public
Works, Historical Commission, Board of Selectmen, Building Inspector,
Planning Board's Review Engineer and the Middleborough Gas and Electric
Department for their review and comment.
7.5.14.
Hearings. Upon receipt of an Open Space and Resource
Preservation Development application, the Planning Board shall proceed
as with applications for the Special Permits under MGL Chapter 40A.
Hearings on applications under this section may be held simultaneously
with the Definitive Subdivision Plan hearings in accordance with MGL
Chapter 41 Section 81T.
7.5.15.
Decision. The Planning Board shall base its review
on the requirements for granting a Special Permit and the Development
Standards set forth in Section 7.5.6 and no such permit shall be granted
unless the applicant demonstrates compliance therewith. All other
improvements shall comply with the Subdivision Rules and Regulations,
so far as applicable, unless a waiver is granted by the Planning Board
pursuant to MGL Chapter 41 Section 81R. The Special Permit shall be
granted only if the Planning Board finds each of the following in
addition to the criteria set forth in Section 9.4 Special Permits:
1.
The development meets the purpose of an Open Space and Resource
Preservation Development as described herein;
2.
All standards contained in this Section have been met or waived;
3.
The common open space is designed in accordance with the Open
Space Use and Design Standards set forth in Section 7.5.7;
4.
The parcel could be developed as a conventional subdivision
with the same number of lots under existing local, state and federal
laws and land use regulations;
5.
The Open Space and Resource Preservation Development provides
for efficient use and delivery of municipal and other services and
infrastructure; and,
6.
The Open Space and Resource Preservation Development is not
more adverse than a conventional subdivision, would not have a detrimental
effect on the established or future character of the neighborhood
and is in the public interest.
7.5.16.
Condition. Ownership of all open space shall be
transferred to the parties required by the Special Permit in compliance
with Section 7.5.8 herein prior to the issuance of the Form J Lot
Release in the case of a subdivision or the issuance of a Building
Permit for a non-subdivision lot.
7.6.1.
Exemption. Mobile home parks in operation on January
1, 1986, shall be a permitted use and may be expanded, provided that
the total area of any such mobile home park shall not exceed at any
time ten acres and a density of ninety-five (95) mobile home units,
and provided further that occupancy in such mobile home parks shall
be limited to persons fifty-five (55) years of age or older.
7.6.2.
Purpose. It is the intent of this Section to provide
a healthy and attractive residential environment for mobile homes
which meets the unique needs of residents fifty-five (55) and older.
7.6.3.
Special Permit Required. The Planning Board shall
be the Special Permit Granting Authority (SPGA).
7.6.4.
Age Restriction. Residents in a mobile home in
an adult mobile home park shall be restricted to not more than two
(2) persons who are fifty-five (55) years of age; provided, however,
that a younger person may also reside in the mobile home, when such
person is either the spouse of an occupant of the mobile home who
is at least fifty-five (55) years of age or a person who is providing
medically prescribed nursing care to an occupant of the mobile home
who is at least fifty-five (55) years of age.
7.6.5.
Prohibition. No mobile home shall be erected on
a site for living purposes except in an approved Adult Mobile Home
Park.
7.6.6.
Phased Development. Development shall be phased
in according to a schedule determined by the SPGA so as to insure
completion of amenities and proper development of the park.
7.6.7.
Requirements and Standards.
1.
No Adult Mobile Home Park shall be less than twenty (20) acres
in size inclusive of roads and areas provided for recreation services
and other permanent installations within the park.
2.
The gross density shall not exceed two (2) dwelling units per
acre.
3.
Each mobile home site shall be a minimum of 10,000 square feet
in size plus there shall be an additional 10,000 square feet of common
area per mobile home site.
4.
No mobile home shall be placed within twenty (20) feet of its
lot lines.
5.
Each site shall be serviced with water and sanitary drainage
for a suitable permanent connection.
6.
Adequate off street parking shall be provided at a ratio of
2.5 spaces per site.
7.
Each unit shall have a perimeter of not less than one hundred
twenty (120) linear feet.
7.6.8.
Code Compliance. Mobile home dwelling units shall
be installed subject to all local and state building and health codes.
7.6.9.
Internal Roadways. Such roadways shall be constructed
and maintained by the owner of the Park in such a way as to be adequate
for vehicular traffic and public safety. The minimum width of street
rights-of-way within an Adult Mobile Home Park shall be forty (40)
feet. All residential roadways shall be brought to a finished grade
as shown on the profiles of the definitive plan with at least eight
(8) inches of well compacted gravel Borrow per Massachusetts Department
of Transportation (MassDOT) Standard Specifications Section M1.03.0,
Type c to be placed under five (5) inches of well compacted Dense
Graded Crushed Stone for Sub-base per MassDOT Standard Section M2.01.7
and four & a half (4 1/2) inches of Class I Bituminous Concrete
Type I, 1, MassDOT Standard Specifications Sections 460, and M3.11.03;
to a travel way width of at least twenty (20) feet.
7.6.10.
Buffer Areas. There shall be a one hundred (100')
foot buffer zone along all property lines. Buffer zones shall include
the existing natural vegetation supplemented by walls, plantings or
additional natural vegetation shall be provided around all Adult Mobile
Home Parks in order to protect residential areas from possible adverse
effects of such parks and to protect park residents from the potential
undesirable effects of commercial or industrial areas. Buffers may
be included in required allotments of common land and shall be designed
as an integral part of such common land; buffers shall not be included
as part of any mobile home site.
1.
The Special Permit Granting Authority may, under appropriate
circumstances, permit the construction of access roads within the
buffer area when, in the judgment of the Special Permit Granting Authority,
such construction is necessary to prevent the filling of wetland areas
to accommodate such access.
7.6.11.
Park Rules and Regulations. The owner of any Adult
Mobile Home Park shall establish rules and regulations relative to
the maintenance of each individual mobile home and premises. The owner
shall be responsible for the maintenance of all areas located within
the Adult Mobile Home Park in a clean and sanitary condition and free
from garbage, rubbish and other refuse.
7.6.12.
Procedures. Applications for an Adult Mobile Home
Park special permit shall be in accordance with the Regulations of
the Planning Board as Special Permit Granting Authority. The applicant
for a special permit shall submit a site plan prepared by a Professional
Engineer and a Registered Land Surveyor, oriented to true north, and
showing:
1.
Boundaries of the district and of the lots in question;
2.
Names of abutting owners;
3.
Natural and man-made features, including any wetlands and flood
plain;
4.
The location of existing and proposed structures; and
5.
The proposed means of access, roadways, parking areas, buffer
strips, landscaped areas and such other requirements as set forth
in the Planning Board's Rules and Regulations.
