A. 
Purpose. The purpose of this section, Flexible Development, is to:
(1) 
Promote more sensitive siting of buildings and better overall site planning;
(2) 
Encourage the preservation of open land for its scenic beauty and to enhance agricultural, open space, forestry, and recreational use;
(3) 
Preserve historical and archeological resources; to protect the natural environment, including the Town's varied landscapes and water resources;
(4) 
Protect the value of real property;
(5) 
Perpetuate the appearance of the Town's traditional New England landscape;
(6) 
Facilitate the construction, operation and maintenance of streets, utilities, and public services in a more economical and efficient manner;
(7) 
Offer an alternative to standard subdivision development; and
(8) 
Promote the development of housing affordable to low and moderate income households.
B. 
Definitions. See Article XI, definition of "Flexible Development."
C. 
Applicability. In accordance with the following provisions, a Flexible Development project may be created, whether a subdivision or not, from any parcel or set of contiguous parcels with more than five acres held in common ownership and located entirely within the Town.
D. 
Procedures. Flexible Development may be authorized upon the issuance of a special permit by the Planning & Zoning Board (PZB). See the PZB's Rules and Regulations for specific application and procedural requirements. Applicants for Flexible Development shall file with the PZB the following:
(1) 
A development plan conforming to the requirements for a preliminary plan as set forth in the Subdivision Rules and Regulations of the PZB.
(2) 
Where wetland delineation is in doubt or dispute, the PZB may require appropriate documentation.
(3) 
Data on proposed wastewater disposal, which shall be referred to a consulting engineer for review and recommendation.
(4) 
The PZB may also require as part of the development plan any additional information necessary to make the determinations and assessments cited herein, including proposed deed restrictions and condominium documents.
E. 
Design Process. Each development plan shall follow the design process outlined below. When the development plan is submitted, applicants shall be prepared to demonstrate to the Planning & Zoning Board that this Design Process was considered in determining the layout of proposed streets, houselots, and contiguous open space.
(1) 
Understanding the Site. The first step is to inventory existing site features, taking care to identify sensitive and noteworthy natural, scenic and cultural resources on the site, and to determine the connection of these important features to each other.
(2) 
Evaluating Site Context. The second step is to evaluate the site in its larger context by identifying physical (e.g., stream corridors, wetlands), transportation (e.g., road and bicycle networks), and cultural (e.g., recreational opportunities) connections to surrounding land uses and activities.
(3) 
Designating the Contiguous Open Space. The third step is to identify the contiguous open space to be preserved on the site. Such open space should include the most sensitive and noteworthy resources of the site, and, where appropriate, areas that serve to extend neighborhood open space networks.
(4) 
Location of Development Areas. The fourth step is to locate building sites, streets, parking areas, paths and other built features of the development. The design should include a delineation of private yards, public streets and other areas, and shared amenities, so as to reflect an integrated community, with emphasis on consistency with.[1]
[1]
Editor's Note: So in original.
(5) 
Lot Lines. The final step is simply to draw in the lot lines (if applicable).
F. 
Modification of Lot Requirements. The PZB encourages applicants for Flexible Development to modify lot size, shape, and other dimensional requirements for lots within a Flexible Development, subject to the following limitations:
(1) 
Lots having reduced area or frontage shall not have frontage on a street other than a street created by the Flexible Development; provided, however, that the PZB may waive this requirement where it is determined that such reduced lot(s) are consistent with existing development patterns in the neighborhood.
(2) 
Side and rear yards shall be at least 10 feet, unless specifically allowed by the Planning & Zoning Board.
[Amended 5-16-2022 ATM by Art. 28]
(3) 
Front yards shall be at least 25 feet, unless specifically allowed by the Planning & Zoning Board.
[Added 5-16-2022 ATM by Art. 28]
G. 
Basic Maximum Number of Dwelling Units. The Basic Maximum Number of dwelling units allowed in a Flexible Development shall not exceed the number of lots which could reasonably be expected to be developed upon the site under a conventional plan in full conformance with all zoning, subdivision regulations, health regulations, wetlands regulations and other applicable requirements. The proponent shall have the burden of proof with regard to the design and engineering specifications for such conventional plan.
H. 
Density Bonus. The PZB may award a density bonus to increase the Basic Maximum Number of Dwelling Units in accordance with the following:
(1) 
Transfer Lot. For each transfer lot, as defined in Article XI, up to two dwelling units may be added as a density bonus; provided, however, that this density bonus shall not exceed 20% of the Basic Maximum Number of Dwelling Units.
(2) 
Additional Open Space. For an increase in the amount of required contiguous open space of more than 15%, up to two dwelling units may be added as a density bonus; provided, however, that this density bonus shall not exceed 10% of the Basic Maximum Number of Dwelling Units.
(3) 
Cap. Any award of a Density Bonus shall not increase the number of dwelling units by more than 30% of the Basic Maximum Number.
I. 
Affordable Component. As a condition of the grant of any special permit for a Flexible Development, a minimum of 10% of the Basic Maximum Number of Dwelling Units (without inclusion of any density bonus) shall be restricted in perpetuity or for the longest period allowed by law. The affordable dwelling units shall be added onto the Basic Maximum Number of dwelling units, not subtracted from it. Any calculation resulting in a fractional unit of more than 0.4, shall be rounded up.
[Amended 5-21-2018 ATM by Art. 27]
(1) 
As required for affordable housing to count towards the Easton's Subsidized Housing Inventory ("SHI"), the applicant must comply with low- or moderate-income housing regulations and guidelines of the Local Initiative Program (LIP), 760 CMR 45.00, or another similar state-approved program in effect on the date of application. The Board shall condition any permit granted hereunder on the receipt of any and all approvals by DHCD or any other applicable authority, to ensure that the affordable units will be included on the Town's SHI.
(2) 
Evidence must be provided to the PZB of a recorded Town and DHCD approved deed restriction, designation of a monitoring agent acceptable to the PZB, and a DHCD approved affirmative marketing plan prior to issuance of the first occupancy permit.
J. 
Types of Buildings. The Flexible Development shall consist exclusively of single-family and/or two-family residential structures.
K. 
Association Required. The applicant shall provide to the PZB for its approval association documents to provide for the maintenance of the roads, stormwater management facilities, and any common areas in the Flexible Development.
L. 
Roads. The principal roadway(s) serving the site shall be designed to conform with the standards of the Planning & Zoning Board's Subdivision Rules and Regulations and shall be maintained by an association of unit owners or by the Applicant.
M. 
Parking. Each dwelling unit shall be served by two off-street parking spaces, unless this requirement is reduced by the PZB. Parking spaces in front of garages may count in this computation.
N. 
Contiguous Open Space. A minimum of 20% of the parcel shown on the development plan shall be contiguous open space. Any proposed contiguous open space, unless conveyed to the Town or its Conservation Commission, shall be subject to a recorded restriction enforceable by the Town, providing that such land shall be perpetually kept in an open state, that it shall be preserved for exclusively agricultural, horticultural, educational or recreational purposes, and that it shall be maintained in a manner which will ensure its suitability for its intended purposes.
(1) 
The percentage of the contiguous open space which is wetlands shall not normally exceed the percentage of the tract which is wetlands or ledge; provided, however, that the applicant may include a greater percentage of wetlands in such open space upon a demonstration that such inclusion promotes the purposes set forth in Subsection A, above. In no case shall the percentage of contiguous open space which is wetlands exceed 50% of the tract.
(2) 
The contiguous open space shall be used for conservation, historic preservation and education, outdoor education, recreation, park purposes, agriculture, horticulture, forestry, or for a combination of these uses, and shall be served by suitable access for such purposes.
(3) 
The contiguous open space shall remain unbuilt upon, provided that the PZB may permit up to 20% of such open space to be paved or built upon for structures accessory to the dedicated use or uses of such open space, pedestrian walks, and bikepaths.
(4) 
Underground utilities to serve the Flexible Development site may be located within the contiguous open space.
O. 
Ownership of the Contiguous Open Space. The contiguous open space shall, at the PZB's election, be conveyed to:
(1) 
the Town or its Conservation Commission;
(2) 
a nonprofit organization, the principal purpose of which is the conservation of open space and any of the purposes for such open space set forth above;
(3) 
a corporation or trust owned jointly or in common by the owners of lots within the Flexible Development. If such corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots in perpetuity. Maintenance of such open space and facilities shall be permanently guaranteed by such corporation or trust which shall provide for mandatory assessments for maintenance expenses to each lot. Each such trust or corporation shall be deemed to have assented to allow the Town to perform maintenance of such open space and facilities, if the trust or corporation fails to provide adequate maintenance, and shall grant the town an easement for this purpose. In such event, the town shall first provide 14 days written notice to the trust or corporation as to the inadequate maintenance, and, if the trust or corporation fails to complete such maintenance, the town may perform it. Each individual deed, and the deed or trust or articles of incorporation, shall include provisions designed to effect these provisions. Documents creating such trust or corporation shall be submitted to the Planning & Zoning Board for approval, and shall thereafter be recorded.
P. 
Buffer Areas. A buffer area of 25 feet shall be provided at the perimeter of the property where it abuts residentially zoned or occupied properties, except for driveways necessary for access and egress to and from the site. No vegetation in this buffer area will be disturbed, destroyed or removed, except for normal maintenance. The PZB may waive the buffer requirement (i) where the land abutting the site is the subject of a permanent restriction for conservation or recreation or the Board determines that a smaller buffer will suffice to accomplish the objectives set forth herein.
Q. 
Stormwater Management. Stormwater management shall be consistent with the requirements for subdivisions set forth in the Rules and Regulations of the Planning & Zoning Board.
R. 
Former OSRD. Any dwelling located in an Open Space Residential Development may be altered pursuant to the procedures set forth in § 235-23.
S. 
Decision. The PZB may approve, approve with conditions, or deny an application for a Flexible Development after determining whether the Flexible Development better promotes the purposes of § 235-37A of this Flexible Development By-Law than would a conventional subdivision development of the same locus.
T. 
Relation to Other Requirements. The submittals and permits of this section shall be in addition to any other requirements of the Subdivision Control Law or any other provisions of this chapter.
A. 
Definition. An Assisted Living Residence is a residential facility occupied primarily by persons 55 years of age and older including their spouses or surviving spouses, and including rooms occupied by resident staff personnel, all as licensed under MGL c. 19D. An Assisted Living Residence (ALR) may include the full range of nursing care from total to only partial assistance, and may provide shared food preparation services, limited residential unit food preparation areas, and common recreational, laundry, social, medical and service facilities for the exclusive use of residents of the ALR.
B. 
Special Permit Required. An ALR may be allowed by special permit from the Planning & Zoning Board if the following conditions are met.
C. 
Conditions. The following conditions apply to any ALR:
(1) 
The architecture and scale of the proposal shall be consistent with the character of the neighborhood.
(2) 
Public or private roads which lead to the property shall be of adequate design, width, and condition to handle proposed traffic.
(3) 
Proposed traffic shall not severely change the character of the neighborhood.
(4) 
The Board of Health shall confirm that the ALR can be accommodated with respect to onsite water, onsite septic disposal or sewer, and any other standards of the Board of Health.
(5) 
Parking areas shall be screened from adjacent streets and properties, and shall have landscaped areas within the parking area to reduce the impact of large paved areas.
(6) 
Signs shall be limited to one identification sign no more than six square feet in area except for traffic/parking/pedestrian regulation signs as required by the Planning & Zoning Board. A second identification sign may be allowed if the Planning & Zoning Board determines it is needed.
(7) 
All lighting units shall be located no higher than 14 feet, with lights shielded to direct light downward. Lighting shall not cause glare onto abutting properties.
D. 
Accessory Adult Day Care. The Planning & Zoning Board may allow adult social day care as an accessory use, and may place limits on the number of persons served by such facility and its hours of operation.
E. 
Density. The maximum number of residential units or beds allowed on a site shall be determined by the Planning & Zoning Board based on such factors as, but not limited to, impact on the neighborhood, affordability for residents, quality of life, and provision for adequate open space, recreational facilities, parking, landscaping, and buffers.
A. 
Standards. A bed and breakfast with up to three guest rooms is allowed subject to site plan approval. A bed and breakfast with from four to 10 guest rooms is allowed by special permit from the Planning & Zoning Board. Both are subject to the following conditions:
(1) 
Parking must be off street, on premises, with one space per room rented and one per owner.
(2) 
No other uses except for customary home occupation permitted on the property.
(3) 
No additions or external modifications may be made to the property for lodging use.
(4) 
Certificate of occupancy required subject to annual inspection.
[Amended 5-20-2024 ATM by Art. 17]
A. 
Purpose. The purposes of the Community Housing District are to:
(1) 
Provide family housing and ensure compliance with MGL c. 40A § 3A;
(2) 
Promote multi-family housing near retail sales and services, office, civic, and personal service uses;
(3) 
And to:
(a) 
Contribute to Easton's economic health while helping address the ongoing housing crisis in a responsible manner;
(b) 
Support existing commercial centers conducive to mixed-use development;
(c) 
Encourage development in areas adjacent to or containing commercial development contributing to walkable and sustainable neighborhoods proximate to potential work opportunities, shopping, entertainment, recreation and similar amenities;
(d) 
Protect the town's priority open space areas and critical natural resources, and provide outdoor recreation and open space opportunities within or adjacent to the district;
(e) 
Contribute to the ongoing goal of providing affordable housing both to maintain Easton's SHI status and to ensure needed affordable housing is available with 10% of units affordable to households at or below 80% AMI;
(f) 
Leverage Easton's investment in major infrastructure improvements as drivers of economic growth and sustainability.
B. 
Overlay District. The Community Housing Overlay District shall not replace existing zoning districts but shall be superimposed over them. The provisions of this section apply only to developments on a lot located entirely within the Community Housing Overlay District where the property owner has elected to comply with the requirements of the Community Housing Overlay District, rather than complying with those of the underlying zoning district.
C. 
Procedures and Regulations. Development under this section requires Site Plan Review by the Planning Board per Section 10.6 of the Zoning Bylaws.
D. 
Permitted Use.
(1) 
Multi-family housing shall be permitted as of right in the Community Housing Overlay District. "Multi-family housing" shall mean a building with three or more residential dwelling units or two or more buildings on the same lot with more than one residential dwelling unit in each building.
(2) 
Mixed-use development.
(3) 
The following uses are not permitted:
(a) 
Motor Vehicle Related Uses.
(b) 
Kennels.
(c) 
Parking Lot.
(d) 
Self-Storage.
E. 
Affordability Requirement.
(1) 
In any development containing 10 or more dwelling units, at least 10% of the dwelling units shall be Affordable Units with household income limited to 80% of the Area Median Income and eligible for inclusion on Easton's Subsidized Housing Inventory (SHI). Where a fraction of a dwelling unit is required for this calculation, the amount of required dwelling units shall be rounded down.
(2) 
Affordable Units are defined under § 235-60 Definitions.
(3) 
Evidence must be provided to the Planning & Zoning Board of a recorded Town and Executive Office of Housing and Livable Communities (EOHLC) approved deed restriction, designation of a monitoring agent acceptable to the Planning & Zoning Board, and an EOHLC approved affirmative marketing plan prior to issuance of the first occupancy permit.
F. 
Mixed-Use Density Bonus. Where a project is proposed with commercial on the first floor of a building with multi-family housing above or with a stand-alone commercial building on the same parcel as a multi-family building, additional stories up to five in total including the first floor and a corresponding increase in the number of residential units will be allowed for building(s) containing multi-family housing.
G. 
Parking Standard.
(1) 
For residential uses developed under this Community Housing Overlay District 2 parking spaces shall be provided for each dwelling unit.
(2) 
Uses developed under the underlying zoning shall comply with § 235-28, off street parking and loading requirements.
(3) 
For business and commercial uses developed under this Community Housing Overlay District utilizing a Mixed-Use Density Bonus, the underlying zoning parking requirements do not apply to the non-residential use.
H. 
Dimensional Standards.
(1) 
No restriction on number of buildings per lot.
(2) 
There shall be at least 20 feet between each building on any single lot.
(3) 
No restriction on minimum lot size or frontage.
(4) 
Residential:
Front setback: 30 feet
Side & Rear setbacks: 25 feet
Maximum building height shall be three stories/45 feet
Maximum 15 Dwelling Units per acre
(5) 
Mixed-use (residential with business/commercial):
Front setback: 15 feet
Side setback: 20 feet
Rear setback: 25 feet
Maximum building height five stories/70 feet
Buildings above 3 stories are required to be set back 20 feet beginning with the 4th floor
Maximum 25 Dwelling Units per acre
(6) 
There shall be no parking in the front setback and it shall be landscaped.
(7) 
Minimum 30% open space.
I. 
Regulations.
(1) 
The Planning Board may adopt regulations consistent with this § 235-40.
A. 
Purpose. The purposes of this Section are:
(1) 
To provide an alternative housing opportunity for persons 55 years of age and older;
(2) 
To provide an attractive and suitable residential environment that is more amenable to the needs of people in their later years;
(3) 
To encourage creative and innovative site planning and design, in order to enhance the attractiveness and suitability of this alternative housing type, and to better meet the specific housing needs of this segment of the population; and
(4) 
To encourage the preservation of common land for open space and recreational use by promoting the highest and best utilization of land in harmony with its natural features, and to retain the rural character of the town.
B. 
Affordable Housing Requirements. Compliance with § 235-45 is also required. The special permit hearings and decisions under this Section and under § 235-45 may be combined.
C. 
Special Permit. In the Residential, Business and Industrial Districts, the Planning & Zoning Board may grant a Special Permit for an Adult Retirement Development (ARD) as an alternative to conventional subdivision. Subdivision approval pursuant to MGL c. 41 is also required.
D. 
Definitions. See Article XI, "Adult Retirement Development."
E. 
Permitted Uses. Land in the ARD is specifically limited to single family and two-family dwellings, with residence and occupancy by persons who have achieved a minimum age of 55 years of age, in accordance with MGL c. 151B, as it may be amended, and community facilities for residents of the ARD and their guests.
F. 
Area and Dimensional Requirements.
(1) 
Minimum Tract Size. The Tract of land for an ARD must contain at least 10 acres and have at least 40 feet of frontage on a public way.
(2) 
Lot Area, Frontage, Width and Yard Requirements.
(a) 
Minimum lot area: 9,000 square feet;
(b) 
Minimum lot frontage: 75 feet;
(c) 
Minimum lot width: 75 feet.
(3) 
Minimum Yard Requirements. See Table of Dimensional and density Regulations.
(4) 
Building Location Requirements. No building (except accessory structures not in excess of 65 square feet) shall be located within 25 feet of a public way or private way; within 30 feet of the boundary line of the ARD; or within 30 feet of any designated Common Land. The Planning & Zoning Board may require larger setbacks and distances, and it may permit smaller setbacks and distances if it finds that such smaller setbacks will not detract from the purpose and intent of the ARD.
(5) 
Number of Dwellings. The maximum number of ARD dwelling units in the Town of Easton shall be limited to a number equivalent to 5% of the existing single-family residential housing units (excluding ARD units) location in the Town of Easton. The number of single-family residential housing units for the purpose of this chapter shall be established by the Board of Assessors as of January 1 of the calendar year, in which the special Permit application is filed.
(a) 
The maximum number of dwelling units permitted in an ARD shall be computed by dividing the developable area of the ARD tract (in square feet) by 1/2 of the minimum lot size required in the underlying zoning district. For the purpose of this computation, the "developable" area shall be the total area of the tract, including the Common Land, but excluding all streams, ponds, wetlands, one-hundred-year floodplains, drainage easements, and areas subject to existing valid open space restrictions.
(6) 
Streets and Utilities. All streets in the ARD shall be private ways. All streets, and all sewage, drainage facilitates, and utilities, shall be designed and constructed in compliance with the Town of Easton Subdivision Rules and Regulations, except as specifically modified by the following design standards:
(a) 
The minimum width of rights-of-way shall be 40 feet.
(b) 
The minimum widths of roadways (paved travel area) shall be 22 feet for streets providing access for up to and including 40 dwellings, and 24 feet for streets providing access for more than 40 dwellings.
(c) 
Waivers to the Subdivision Rules and Regulations may be authorized by the Planning & Zoning Board in granting a special permit hereunder provided that the Board determines such exceptions are in the public interest and are not inconsistent with the purposes of § 235-41A.
G. 
Conditions. Any plan approved as an ARD must contain or refer to recorded covenants regarding each of the following:
(1) 
The streets within the ARD shall remain permanently a private way, which shall not be extended;
(2) 
The Private Way shall not be connected to any other way except where it originates on a public way; except another private way within the ARD.
(3) 
The lots shall obtain access from the Private Way if, and only if, ownership of the lot provides automatic membership in a homeowner association or any other entity responsible for all maintenance and snow removal of or from the Private Way. The homeowners association or entity hereafter shall retain all rights in the Private Way.
(4) 
The Private Way does not meet the standards of the Town for acceptance for new ways and shall not be proposed for such acceptance.
(5) 
A perpetual easement in favor of the Town of Easton shall be granted to allow access to and maintenance of public utilities as appropriate.
H. 
Common Land; Dimensional Requirements. In an ARD, at least 30% of the total tract area shall be set aside as Common Land for the use of the ARD residents. The following additional requirements shall apply:
(1) 
The minimum required area of the Common Land shall not contain a greater percentage of wetlands than the percentage of wetlands areas found in the overall tract of land on which the ARD is located.
(2) 
Common Land shall be planned as large, contiguous parcels whenever possible. Strips or narrow parcels of Common Land shall be permitted only when necessary for providing access to the Common Land from a public or private way, or if the Planning & Zoning Board finds that a vegetated buffer strip along the site's perimeter is appropriate and consistent with the purpose of ARD development.
(3) 
Common Land may be set aside in more than one parcel provided that the size, shape, and location of such parcels are suitable for the designated uses.
(4) 
The Common Land shall include adequate upland access from a way public or private.
I. 
Use of the Common Land. The Common Land shall be dedicated and used for natural resource protection, recreation, park-purposes, Community Facilities, outdoor education, agriculture, horticulture forestry, or for any combination of such uses. The following requirements shall apply:
(1) 
A portion of the Common Land may also be used for the construction of leaching areas associated with septic disposal systems serving the ARD or for water supply wells serving the ARD, if the Planning & Zoning Board determines that such use will enhance the specific purpose of the ARD and promote better overall site planning. Septic disposal easements shall be no larger than reasonably necessary. If any portion of the Common Land is used for the purpose of such leaching areas or wells, the Planning & Zoning Board shall require adequate assurances and covenants that such facilities shall be maintained by the lot owners within the ARD.
(2) 
A portion of the Common Land may also be used for ways serving as pedestrian walks, bicycle paths and emergency access or egress to the Common Land or adjacent land, if the Planning & Zoning Board determines that such a use will enhance the specific purpose of the ARD and promote better overall site planning, and if the Planning & Zoning Board finds that adequate assurances and covenants exist to ensure proper maintenance of such facilities by the owner(s) of the Common Land.
(3) 
The Common Land may be subject to easements for the construction, maintenance, and repair of utility and drainage facilities serving the ARD or adjacent parcels.
(4) 
The Common Land shall remain unbuilt upon, provided that an overall maximum of 10% of such land may be subject to pavement and structures accessory to the dedicated use or uses of the Common Land, exclusive of private ways.
(5) 
The proposed use of the Common Land shall be specified on a plan, and appropriate dedications and restrictions shall be part of the deed to the Common Land.
(6) 
The Planning & Zoning Board shall have the authority to approve or disapprove particular uses proposed for the Common Land in order to enhance the specific purposes of the ARD and to further efforts to equitably distribute a variety of open space benefits throughout the ARD community.
J. 
Ownership of Common Land.
(1) 
The Common Land shall be conveyed in the whole or in part to a corporation or trust owned or to be owned by the owners of the dwelling units within the ARD; or to an entity responsible for the management of the ARD; or to a nonprofit entity, the principal purpose of which is the conservation of open space. The Planning & Zoning Board shall approve the form of ownership of the Common Land.
(2) 
If any portion of the Common Land is not conveyed to the Town of Easton, a perpetual restriction, approved by the Planning & Zoning Board and enforceable by the Town of Easton, shall be imposed on the use of such land, providing in substance that the land be kept in its open or natural state and that the land shall not be built upon or developed or used except in accordance with provisions of an ARD as set forth herein and, if applicable, as further specified in the decision of the Planning & Zoning Board governing the individual ARD.
(3) 
The proposed ownership of all Common Land shall be specified for the ARD.
(4) 
At the time of its conveyance (if applicable), the Common Land shall be free of all encumbrances, mortgages or other claims (including pre-existing conservation easements or restrictions), except as to easements, restrictions and encumbrances required or permitted by this chapter.
K. 
Site Development Standards.
(1) 
Within the ARD, adequate access shall be provided to each dwelling unit. Such access shall be convenient and appropriate for residents and emergency services.
(2) 
To the greatest extent possible, open spaces, common land, house sites, streets and house lots shall be designed with due respect to natural landscape features, scenic views, topography, soils, and natural drainage patterns.
(3) 
All utilities shall be installed underground.
(4) 
Within the ARD, there shall b a buffer zone of at least 25 feet in width around the entire perimeter of the Development. The buffer zone shall include natural vegetation, plantings, walls, fences, or vegetated earthen berms to provide a screening barrier between the development and the abutting properties. Screening plantings shall be provided between the wall or fence and the abutting property. The buffer zone and its associated screening barrier shall be designated on the Special Permit Plan. The detailed plan for planting and screening shall be prepared by a Registered Landscape Architect and shall be part of the Special Permit application. The actual requirements regarding buffering, plantings and screening shall be determined by the SPGA, the Planning & Zoning Board, as part of the Special Permit process.
(5) 
Retail sales and/or services may be provided within the ARD site for the convenience of residents and guests only. Signage for such sales or services shall be building-mounted only; sign area shall not exceed six square feet; there shall be only one identification sign per business; and signage shall not be illuminated. All commercial uses within the development shall be delineated as part of the special permit application and must be specifically approved by the SPGA as an integral part of the special permit. Adequate parking for the approved commercial uses, as determined by the SPGA, shall be provided and depicted on the plan.
(6) 
The ARD shall conform with the requirements for a self-contained retirement community as established by MGL c. 151B, § 5, Subsection 8, together with any amendment thereto.
L. 
Pre-Submission Meeting. Prior to submission of the special permit application to the Board, the applicant is strongly advised to meet with the Town Planner or other Board designee to review the proposed development of the parcel of land, in order to explore general conditions involving the site and to discuss potential problems. Pencil sketches, which need not be professionally prepared, will assist in this discussion, and should show the critical features of the ARD plan.
M. 
Special Permit Application and Definitive Subdivision Plan. The special permit application shall contain a plan in the form and with the contents required of a Definitive Subdivision Plan by the Easton Subdivision Rules and Regulations. The applications for Special Permit and for approval of a Definitive Subdivision Plan shall be file concurrently. To the extent permitted by law, the Planning & Zoning Board shall consider both applications at the same time.
N. 
Special Permit Criteria. In addition to the criteria set forth in § 235-56B, in evaluating the proposed ARD, the Planning & Zoning Board shall consider:
(1) 
The general purpose and objectives of this chapter;
(2) 
The existing and probable future development of surrounding areas;
(3) 
The appropriateness of the proposed layout of streets, ways, lots and structures;
(4) 
The proposed layout and use of the Common Land in relation to the proposed dwelling units in the ARD, adjoining public or private common land or open space, or the topography, soils and other characteristics of the tract of land in question;
(5) 
Whether the application complies with the requirements of this § 235-41, other applicable requirements of the Zoning By-laws and any regulations and guidelines promulgated there to, where applicable, the construction and design standards of the Easton Subdivision Rules and Regulations;
(6) 
Whether the application is consistent with the purposes of this section; and
(7) 
Whether the application is in harmony with the existing and probable future uses of the area and with the character of the surrounding area and neighborhood.
O. 
Phasing. If the special permit granted under this section is for more than 100 units, the SPGA may, at its discretion, specify that the construction of the ARD shall be phased in accordance with the following schedule:
(1) 
PHASE I (0-12 months from issuance of special permit): Total number of building permits issued for dwelling units shall not exceed 50% of the total number of dwelling units approved under this special permit;
(2) 
PHASE II (12-24 months from issuance of special permit): Total number of building permits issued for dwelling units shall not exceed 75% of the total number dwelling units approved under this special permit;
(3) 
PHASE III (24-36 months from issuance of special permit): Total number of building permits issued for dwelling units may equal the total number of dwelling units approved under this special permit.
P. 
Special Permit Conditions. As a condition of approval, the Planning & Zoning Board may require such changes in the proposed development plans and may impose such conditions and safeguards as it deems necessary to secure the objectives of this chapter, and to protect the health, safety, and welfare of the inhabitants of the neighborhood and of the Town of Easton.
Q. 
Change in Plans After Grant of Special Permit. No change in any aspect of the approved plans shall be permitted unless approved in writing by the Planning & Zoning Board. A new or amended special permit will be required if the Planning & Zoning Board determines any proposed change to be substantial.
R. 
Building Permits. No building permit shall be issued for any structure within an approved ARD unless such structure is in compliance with this chapter and terms and conditions of any special permit there under.
A. 
Purpose. The purpose of this Section is:
(1) 
To provide sub-dividers an option to develop a parcel of land under less stringent requirements, where, and only where, the Board determines that such alternative procedures will promote development of the parcel in the best interests of the Town.
(2) 
To promote a lower density of housing than is normally allowed through conventional subdivision.
(3) 
To alleviate the Town's short-and long-term costs for road maintenance and lighting.
(4) 
To minimize construction in or near environmentally sensitive areas.
(5) 
To preserve the rural character of the Town.
B. 
General Provisions. The Planning & Zoning Board may grant a special permit to allow the development of a subdivision as a Residential Compound. Subdivision approval, pursuant to MGL c. 41, is also necessary.
(1) 
Compliance with § 235-45, Affordable Housing Requirements, is also required. The special permit hearings and decisions under this Section and § 235-45 may be combined.
C. 
Eligibility. To qualify for consideration as a Residential Compound, the subdivision must satisfy all of the following conditions:
(1) 
The Residential Compound must create at least three but not more than eight lots, be located entirely in a district in which single-family residences are permitted, and have a minimum of 40 feet of frontage on an existing public way in Easton.
(2) 
The average contiguous upland area of the lots so created shall be at least 1 1/2 times the minimum lot size set forth for the district in Article IV. No lot shall have less than the minimum lot size for the district.
(3) 
All lots in a Residential Compound shall have ingress and egress to a Private Lane, ownership of and rights to which shall be retained by a homeowners' association.
(4) 
The minimum frontage of each lot on the Private Lane shall be at least 75 feet.
(5) 
The Private Lane shall extend from a Town of Easton Accepted or public way, and shall end in a cu-de-sac or connect back to itself.
(6) 
A buffer zone of at least 75 feet in width of indigenous vegetation shall separate the new structures in the development from any adjacent public way. The buffer zone shall provide a dense vegetative screen, which shall be supplemented by additional indigenous vegetation, and landscaping that is designed to block the view of the residential structures from the existing public way.
D. 
Pre-Submission Meeting. Prior to submission of the special permit application, it is strongly advised that the applicant meet with the Town Planner or other Board designee to review the proposed development of the parcel of land, in order to explore general conditions involving the site and to discuss potential problems. Pencil sketches, which need not be professionally prepared, will assist in this discussion and should show the critical features of the Residential Compound plan.
E. 
Special Permit Application and Definitive Subdivision Plan. The special permit application shall contain a plan in form and with the contents required of a Definitive Subdivision Plan by the Easton Subdivision Rules and Regulations. The application for a special permit and for approval of a Definitive Plan shall be filed concurrently. To the extent permitted by law, the Planning & Zoning Board shall consider both applications at the same time.
F. 
Planning & Zoning Board Approval. The Planning & Zoning Board may approve a Residential Compound Subdivision after considering, in addition to the criteria set forth in § 235-56B, whether the Residential Compound, as compared to a conventional subdivision of the same parcel, is likely to:
(1) 
Reduce the number of lots having egress onto existing streets;
(2) 
Reduce the number of lots having frontage on existing public ways;
(3) 
Reduce cut and fill in road construction and subdivision development;
(4) 
Promote public safety and welfare, particularly with regard to traffic and pedestrian safety;
(5) 
Be constructed in a manner which will have the least visual impact on the parcel of land in question as viewed from the public way providing access to the Residential Compound subdivision, or from adjacent residentially zoned properties;
(6) 
Produce less irregularly shaped or contorted lot configurations;
(7) 
Promote housing affordable to persons or families of low or moderate income, as defined by the standards and criteria of the Massachusetts Department of Housing & Community Development; or
(8) 
Afford protection to the town's groundwater resources.
G. 
Conditions. Any plan approved as a Residential Compound must contain or refer to recorded covenants regarding each of the following:
(1) 
The Private Lane shall remain permanently a private way, which shall not be extended.
(2) 
The Private Lane shall not be connected to any other way except where it originates on a public way.
(3) 
Ownership of a lot in the Residential Compound shall confer automatic membership in a homeowner association responsible for all maintenance of and snow removal from the Private Lane. The homeowners association shall retain ownership of and all rights in the Private Lane.
(4) 
The Private Lane does not meet the standards of the Town for acceptance for new ways and shall not be proposed for such acceptance.
(5) 
The homeowners association shall indemnify, hold harmless and release the Town from liability for any damages resulting from an action brought by a third party or the association in any court due to the repair, use, or maintenance of the Private Lane.
(6) 
A perpetual easement in favor of the Town of Easton shall be granted to allow access to and maintenance of public utilities as appropriate.
H. 
Private Lanes. Private Lanes shall have:
(1) 
A leveling area of at least 40 feet in length from the street pavement with a minimum width of 20 feet of pavement in accordance with the Subdivision Regulations (except where such paving is prohibited by other Town By-laws), and sloped not more than 4% grade for the 40 feet it extends from the street pavement.
(2) 
A center line intersection with the street centerline of not less than 60%.
(3) 
A roadway surface, on that portion of the Private Lane extending beyond the leveling area, of a minimum of six inches of graded gravel, placed over a properly prepared base, graded and compacted to drain from the crown. Where the property rises in elevation from the street, the way shall be paved from the street to the first high point (break in grade) in order to prevent erosion toward the street, except where such paving is prohibited by other Town By-laws.
(4) 
Proper drainage appurtenances, where required, to prevent washout and excessive erosion, with particular attention to the leveling area, so that water draining onto the street surface from the leveling area is eliminated to the maximum extent feasible.
(5) 
A roadway surface, on the at portion of the Private Lane extending beyond the leveling area, with a minimum width of 18 feet for its entire length, and a minimum right-of-way width of 30 feet for its entire length.
(6) 
A turnaround or cul-de-sac of not less than 30 feet in depth and 40 feet in width provided at the end of the terminus.
(7) 
A buffer zone of indigenous vegetation supplemented by new plantings and landscaping as may be required by the Planning & Zoning Board separating the Private Lane from any pre-existing residential lot line.
I. 
Rules and Regulations. The Planning & Zoning Board shall establish, and from time to time amend, regulations for the administration of this Section, including a schedule of filing fees to cover to the costs of processing and engineering review by Town personnel, and review fees to cover the costs of expert technical review by outside consultants.
A. 
Special Permit. The Planning & Zoning Board may grant a special permit for development on a lot in the Residential District with less than the required amount of frontage, according to the criteria for "estate lots" as set forth herein. Estate lots shall comply with all of the General Requirements set forth below, and with the Requirements for pre-existing estate lots or newly-created estate lots as may be applicable.
B. 
General Requirements.
(1) 
The applicant shall submit an Approval Not Required (ANR) Plan under the Subdivision Control law depicting the estate lot and the conforming lots (if any). The Approval Not Required Plan shall take the place of the plan otherwise required for special permit applications.
(2) 
A building area shall be designated on the plan, and the width of the estate lot at the widest portion of the building area shall equal or exceed the number of feet normal required for street frontage in the district.
(3) 
Lot width for the estate lot shall at no point be less than 40 feet, and lot frontage shall be not less than 40 feet. Frontage shall meet all of the requirements contained in the definition for "frontage" in Article XI.
(4) 
Front, rear and side yard depths shall equal or exceed those required in the district.
C. 
Pre-Existing Estate Lots. A pre-existing lot lacking the minimum frontage requirement for the district may be utilized for any use permitted in the district provided that all of the following conditions are met for the estate lot:
(1) 
The area of the estate lot shall be at least three times the minimum area normally required for the district.
(2) 
The estate lot shall have existed in separate ownership from any abutting lot. Documentation to this effect shall be submitted to the Planning & Zoning Board. The Building Commissioner shall not issue a building permit for any estate lot without first establishing that compliance with this provision has been determined by the Planning & Zoning Board.
D. 
Creation of New Estate Lots. A lot may be divided into an estate lot and one or more lots each of which conforms to all applicable dimensional regulations in Article IV provided that all of the following conditions can be met for the estate lot:
(1) 
The area of the estate lot shall be at least double the minimum area normally required for the district.
(2) 
Not more than one estate lot shall be created from a lot, or a set of contiguous lots held in common ownership. Documentation to this effect shall be submitted to the Planning & Zoning Board along with the application for Approval Not Required Plan under the Subdivision Control Law. The Building Commissioner shall not issue a building permit for any estate lot without first establishing that compliance with this provision has been determined by the Planning & Zoning Board.
(3) 
At the time of the creation of the estate lot, it shall be held in common and contiguous ownership with the front lot from which the estate lot is proposed to be created.
(4) 
The sight distance at the intersection of the estate lot driveway and the street shall be such as to provide for safety to all vehicular traffic.
(5) 
The existing drainage patterns shall not be disrupted by the construction of a driveway on the reduced frontage portion of the estate lot. A grading and sloping plan, showing existing and proposed conditions, shall be submitted with the special permit application to demonstrate compliance with this requirement.
[Amended 5-21-2018 ATM by Art. 30; 5-16-2022 ATM by Art. 31; 11-18-2024 STM by Art. 10]
A. 
Purpose. The purpose of this Section is to provide additional housing in the form of a detached or attached Accessory Dwelling Unit (ADU) that is accessory to a principal Dwelling Unit and is otherwise defined in accordance with Provisions of MGL c. 40A, § 1A, as may be amended.
B. 
Definitions. See Article XI, "Accessory Dwelling Unit."
C. 
Use and Dimensional Regulations. The Building Commissioner may issue a building permit authorizing the installation and use of an ADU within, attached to or detached from an existing or new principal dwelling when the following conditions are met:
(1) 
The ADU will be a complete, separate housekeeping unit containing both kitchen and bath.
(2) 
The ADU must be accessory to a principal dwelling.
(3) 
Any front facing entrance must be subordinate in appearance to the main entrance. Numbering in a form acceptable to the Fire Department must indicate to emergency personnel the existence of an additional unit on the lot.
(4) 
ADUs shall be permitted hereunder in all zoning districts where single family homes are allowed.
(5) 
Use restrictions on any legal ADUs that exist as of the effective date of this Bylaw shall be deemed null and void.
D. 
Dimensional Requirements.
(1) 
The gross floor area of an ADU (including any additions) shall not be greater than 50% of the gross habitable living area of the principal dwelling, or 900 square feet, whichever is smaller. However, a Special Permit may be issued by the Special Permit Granting Authority for up to 50% of the principal dwelling unit above 900 square feet where they determine the apartment will be constructed so as to maintain the appearance and essential character of a one-family dwelling and any existing accessory structures and the character of the existing neighborhood.
(2) 
ADUs shall comply with any and all setback, height and lot coverage requirements as contained in Appendix B Dimensional Standards this Zoning Bylaw.
(3) 
(Reserved)
(4) 
Only one ADU is allowed as a matter of right on any property. Additional ADUs may only be allowed with the issuance of a Special Permit granted by the Planning Board.
(5) 
Construction of an ADU over an existing attached or detached garage is allowed by-right.
(6) 
If an ADU is proposed for a pre-existing, non-conforming primary residence, the requirements of Section 235-23 of this Zoning Bylaw shall apply.
E. 
(Reserved)
F. 
Floor Plan. Prior to issuance of a building permit, a floor plan must be submitted showing the proposed interior and exterior changes to the building.
A. 
Purpose.
(1) 
The purpose of this Section is to promote the public welfare by:
(a) 
increasing the supply of housing that is available and affordable to low or moderate income households, with an emphasis on family housing;
(b) 
encouraging residential growth in already developed areas; and
(c) 
preventing the displacement of Easton residents.
(2) 
Units created through these provisions are intended to be meet the requirements of MGL c. 40B, §§ 20-24 and of any comparable affordable housing programs, and to be recognized as Local Initiative Units as defined by the Department of Housing and Community Development (DHCD).
B. 
Definitions. See Article XI, "Affordable Housing Requirements."
C. 
Applicability. In all zoning districts, the provisions of this Section shall apply to any subdivision developed in conjunction with a special permit for a Residential Compound or Adult Retirement Development. The development of any such project shall require the grant of a separate special permit from the Planning & Zoning Board under this Section. Flexible Development, § 235-37, has its own affordable unit requirement.
D. 
Required Affordable Units. As a condition for granting any special permit hereunder, applicants shall contribute to the Town's stock of affordable units in accordance with the following requirements:
(1) 
In any subdivision developed in conjunction with a special permit for a Residential Compound or Adult Retirement Development, the applicant shall be required to set aside 20% of the units so created as affordable units, except as the provisions of Subsection F, below, shall apply.
(2) 
The required affordable units shall contain 20% of the bedrooms in the project as a whole.
(3) 
In determining the total number of required affordable units or bedrooms, a fractional unit of 0.4 or more shall be regarded as a whole unit or bedroom.
E. 
Standards. Projects containing affordable units shall meet the following standards:
(1) 
Projects shall not be segmented or phased to avoid compliance with these provisions.
(2) 
Affordable units shall be dispersed throughout the project and shall be indistinguishable from market rate units in external appearance. The affordable units shall have the same mechanical systems as market units, except that affordable units with up to two bedrooms may have only one bathroom, affordable units with three or more bedrooms shall have at least 1.5 bathrooms. Affordable units shall have the same finishes and appliances as the market rate units except where the Planning & Zoning Board specifically approves, in advance, a request for different finishes and/or appliances.
(3) 
The affordable units shall contain square footage which is no less than:
(a) 
the average size of market rate units containing the same number of bedrooms, or
(b) 
the following, whichever is the smaller:
0 bedrooms: 500 square feet
1 bedroom: 700 square feet
2 bedrooms: 900 square feet
3 bedrooms: 1,100 square feet
4 bedrooms: 1,300 square feet
(4) 
Sales prices, resale prices, initial rents, and rent increases for the affordable units shall be established in accordance with this section and the Comprehensive Permit Guidelines, as further clarified in the Affordable Housing Guidelines and shall be permanently restricted, to the extent legally permissible, to ensure long-term affordability.
(5) 
The Town may establish a system of priorities for selecting buyers or renters, in accordance with the Affordable Housing Guidelines, and subject to federal and state housing laws.
(6) 
The Town may require that lessees of affordable rental units meet income recertification requirements upon renewal of lease terms, in accordance with the Affordable Housing Guidelines.
(7) 
Affordability restrictions shall be embodied in applicable deed covenants, restrictive covenant agreements, other contractual agreements, land trust arrangements, and/or other mechanisms designed to ensure compliance with this section.
(8) 
Covenants and other documents necessary to ensure compliance with this section shall be executed and, if applicable, recorded prior to and as a condition of the issuance of any building permit or certificate of occupancy, as the Planning & Zoning Board shall deem appropriate.
F. 
Alternative Requirements for Affordable Units. Subject to a finding by the Planning & Zoning Board that the result will be advantageous to the Town in creating or preserving affordable units and not result in the undue concentration of affordable units, the requirements of this section may be satisfied through one or more of the following methods, listed in the order of preference:
(1) 
Off-Site Location. Affordable units may be located on an alternative site or sites in Easton suitable for housing use, preferably in the same neighborhood as the on-site development. While off-site affordable units may be located in an existing structure, the potential for displacement of existing tenants shall be considered by the Planning & Zoning Board. Affordable units provided through this alternative method shall comply in all other respects other with the requirements of this section. The applicant's Affordable Housing Plan shall show that the applicant shall provide a greater affordable housing benefit to the Town than would have been provided on site.
(2) 
Cash Payment. The applicant may choose to make a cash payment to the Housing Trust, as clarified in the Affordable Housing Guidelines.
G. 
Procedures. All projects shall comply with the following procedures as applicable:
(1) 
Pre-Application Meeting. The applicant shall convene a pre-application meeting with the Planning & Zoning Board to discuss the project proposal and affordable housing requirements.
(2) 
Submittal of Affordable Housing Plan. The applicant shall fill out and submit an Affordable Housing Plan form to the Department of Planning and Community Development prior to making an application for a building permit. This form requires the following information:
(a) 
On-Site Unit Projects. Applicants electing to develop on-site affordable units shall provide a schedule of all project units by location, square footage, unit types, number and types of rooms, and location of affordable units.
(b) 
Cash Contribution Projects. Applicants electing to make a cash contribution in lieu of providing affordable units shall provide a statement of the number of project units and the corresponding formula required by the Affordable Housing Guidelines.
(c) 
Alternative Requirements. Applicants proposing to employ Alternative Requirements for Affordable Units, above, shall provide a proposal specifying the buildings, off-site affordable units, and/or cash contribution; and a schedule and proposed security for providing these.
(3) 
Planning & Zoning Board Application. The applicant shall make a formal application for a special permit to the Town Clerk.
(4) 
Affordable Housing Trust Fund Board of Trustees Review. Except for applications proposing cash contributions, the Affordable Housing Trust Fund Board of Trustees shall, in the next regularly scheduled meeting after necessary public notice, review the Affordable Housing Plan and prepare a recommendation to the Planning & Zoning Board.
(5) 
Planning & Zoning Board Review. The Planning & Zoning Board shall meet to hear the special permit application. The Planning & Zoning Board decision may require modifications, conditions, and safeguards, including documentation regarding affordability and funding commitments reasonably related hereto, and shall explain any deviation from Affordable Housing Trust Fund Board of Trustees recommendations in writing in its decision.
H. 
Conditions.
(1) 
The Planning & Zoning Board shall require that a Revised Affordable Housing Plan, which shall include any conditions in the grant of a special permit from the Planning & Zoning Board, shall be submitted to the Planning Director for final approval prior to the issuance of a building permit. For projects providing affordable units, the Affordable Housing Plan shall include a reference to specific floor plans of the affordable units that shall be attached to the plan. For projects providing cash or other contributions, the revised Affordable Housing Plan shall set forth a detailed description, if applicable, and schedule for contributions, including any documentation required to secure such, in accordance with the Affordable Housing Guidelines. The Revised Affordable Housing Plan shall be legally binding as part of a special permit which shall refer to it in any decision.
(2) 
Where set forth as a condition in the approved Revised Affordable Housing Plan, no building permit shall be issued until the applicant submits to the Director of the Department of Planning and Community Development a proper bond, or other financial instrument designed to secure performance of the requirements of this section.
(3) 
No building permit shall be issued until the applicant submits proof that the special permit decision has been recorded and that the Planning Director has issued a final approval letter for the Revised Affordable Housing Plan.
(4) 
The Planning & Zoning Board may impose conditions in which the Building Commissioner may limit, restrict, or withhold the issuance of a certificate of occupancy for any market rate unit(s) in a development until:
(a) 
All of the affordable units have obtained a certificate of occupancy; or
(b) 
Any cash contribution, buildings and/or off-site units required to be donated to the Town or its designee have been conveyed.
(5) 
Prior to issuance of any certificate of occupancy for the a project including affordable units, the applicant shall submit to the Director of Planning and Community Development for approval a plan for marketing and selection of occupants; initial rents or sales prices for the units designated as affordable; and, prior to their being recorded, condominium, cooperative or other homeowner association documents, as appropriate. For projects including affordable units for rent, this plan shall be recorded as a part of the affordable housing restriction set forth herein. All plans shall be consistent with the Affordable Housing Guidelines.
(6) 
Initial Sales/Rental will be through a lottery implemented by a qualified nonprofit housing agency such as the Easton Housing Authority, the South Shore Housing Development Corporation, or the Citizens Housing and Planning Association, and a comparable agency will oversee re-sales or re-rentals to preserve affordability in perpetuity, in accordance with the Comprehensive Permit Guidelines.
I. 
Affordable Housing Guidelines. The Planning & Zoning Board, in consultation with the Affordable Housing Trust Fund Board of Trustees and after public notice and hearing, shall adopt Affordable Housing Guidelines.
J. 
Contributions of Cash. Cash contributions made to the Affordable Housing Trust in accordance with this Section shall be used only for purposes of providing affordable housing for low or moderate income households as defined by this Section.