The Planning Board may grant a special permit for construction
of a planned development district (PDD) in the following district:
I-S. The special permit shall conform to this bylaw and to MGL c.
40A, § 9, and to regulations which the Planning Board shall
adopt for carrying out its duties hereunder. Except as set out hereunder,
or in the Planning Board's regulations, or in a specific permit granted
hereunder, the provisions of the Zoning Bylaw shall continue to govern.
The purpose of the PDD District is to provide for a mixture
of land usage at designated locations at greater density and intensity
than would normally be allowed, provided that said land usage:
A.
Does not detract from the livability and aesthetic qualities of the
environment.
B.
Is consistent with the objectives of the Zoning Bylaw.
C.
Promotes more efficient use of land while protecting natural resources,
such as water resources, wetlands, floodplains, and wildlife.
D.
Promotes diverse, energy-efficient housing at a variety of costs.
A.
Pre-application conference. Prior to the submission of an application
for a special permit, the applicant, at his option, may confer with
the Planning Board to obtain information and guidance before entering
into binding commitments or incurring substantial expense in the preparation
of plans, surveys, and other data.
B.
Submission of preliminary plans.
(1)
The applicant shall file a preliminary plan accompanied by the
form titled "Submission of Preliminary Plan, Planned Development"
to the Planning Board at a regularly scheduled meeting. A copy of
the preliminary plan and the above form shall also be filed in the
office of the Town Clerk. The Planning Board, within 60 days from
receipt of the plan by the Town Clerk, shall review and determine
whether the proposed project is consistent with the most suitable
development of the Town. The Planning Board may suggest modifications
and changes to the preliminary plan in anticipation of the filing
of the definitive plan. If the Planning Board fails to act within
60 days, the applicant may proceed to file his definitive plan.
(2)
Contents of preliminary plan for planned development district:
(a)
Planned development boundaries, North point, date, scale, legend,
and title "Preliminary Plan: Planned Development"; the name or names
of applicants, and engineer or designer.
(b)
Names of all abutters, land uses, and approximate location and
width of all adjacent streets.
(c)
In a general manner, the existing and proposed lines of streets,
ways, easements, and of any public areas within or next to the planned
development.
(d)
The approximate boundary lines of existing and proposed lots,
with approximate areas and dimensions.
(e)
The proposed system of drainage, including adjacent existing
natural waterways and the topography of the land in a general manner.
(f)
Existing and proposed buildings, significant structures and
proposed open space in a general manner.
(g)
An analysis of the natural features of the site, including wetlands,
floodplains, slopes over 12%, soil conditions, and other features
requested by the Planning Board.
(h)
A description of the neighborhood in which the tract lies, including
utilities and other public facilities and the general impact of the
proposed PDD upon them.
(i)
A summary of environmental concerns relating to the PDD.
C.
Submission of definitive plan.
(1)
The applicant shall submit an application for a special permit
accompanied by the original of the definitive plan plus 12 copies
thereof.
(2)
Contents of definitive plan. The application for a special permit and site plan review shall be accompanied by the original copy of the definitive plan and other data required to be submitted in triplicate and shall contain the following data: All items in Subsection B(2), Contents of preliminary plan for planned development district [(a) through and including (i)], shall be incorporated.
(a)
It shall be drawn at a scale of one inch equals 40 feet unless
another scale is requested and found suitable by the Planning Board.
(b)
The plan shall be prepared by a land surveyor, professional
engineer, or architect.
(c)
The scale, date, and North arrow shall be shown.
(d)
The plan shall be certified by the land surveyor doing the boundary
survey and the professional engineer or architect on the location
of the buildings, setbacks, and all other required dimensions, elevations,
and measurements and shall be signed under the penalties of perjury.
(e)
The corner points of the lot and change of direction of lines
shall be marked by stone monuments, cut in stone, stake and nail,
iron pin, or other marker and shall be so marked.
(f)
Lot number, dimensions of lot in feet, size of lot in square
feet, and width of abutting streets and ways.
(g)
Easements within the lot and abutting thereon.
(h)
The location of existing or proposed buildings on the lot.
(i)
The location of existing wetlands, water bodies, wells, one-hundred-year
floodplain elevation and other natural features requested by the Planning
Board.
(j)
The dimensions of the existing and proposed buildings in feet.
(k)
The distance of existing and proposed buildings from the lot
lines and the distance between buildings on the same lot.
(l)
Percent of the lot coverage.
(m)
Average finished grade of each proposed building.
(n)
The elevation above average finished grade of the floor and
ceiling of the lowest floor of each proposed building.
(o)
Existing and proposed topographical lines at two-foot intervals.
(p)
The use designation of each building or part thereof, and of
each section of open ground, plaza, or usable roof space.
(q)
Numbering of parking spaces.
(r)
Height of all proposed buildings, above average finished grade
of abutting streets.
(s)
Number of apartments, meeting rooms, and restaurant and theater.
(t)
Total square feet of floor space of all landscaped and recreation
areas, and depiction of materials to be used (grass, five-foot shrubs,
etc.).
(u)
Deed or other recorded instrument that shows the application
to be the owner or owner under option of the land to be designated
as a planned development.
The plan shall be subject to the following conditions and the
Planning Board shall make a determination that the project meets all
the following conditions:
B.
If more than 25% of the PDD is located within a residential district,
at least 51% of the building area and accessory facilities in the
PDD shall be used for residential purposes.
C.
Ingress and egress for traffic flow are designed properly so that
there will be no serious hazard to vehicles or pedestrians.
D.
Adequate parking facilities are provided for each use and structure
in the development.
E.
Major facilities or functions which require siting within scenic
areas are designed to be visually compatible with the natural or historical
characteristics.
F.
The project does not adversely affect the natural environment to
the detriment of community character and public health and safety.
A.
PDD site area. No PDD shall be permitted on a site of less than 60,000
square feet.
B.
Usable open space. In all PDDs, at least 20% of the land shall be
set aside as permanent usable open space, for the use of the PDD residents,
or for all PDD users, or for the community. The required open space
shall be conveyed to the Conservation Commission or to a nonprofit
conservation organization, or to a corporation or trust representing
persons responsible for the PDD, and shall be protected by a conservation
restriction as required by MGL c. 40A, § 9 for common open
space in cluster developments. A covenant shall be placed on the land
such that no part of the PDD can be built, sold or occupied until
such time as a satisfactory written agreement has been executed for
protection of the open space.
C.
Setback requirements.
(1)
Insofar as the PDD abuts a residential district, all proposed
structures and facilities within the PDD shall be set back not less
than 25 feet from adjacent property lines or adjacent street lines
where the PDD shall be separated or shielded from adjacent property
lines by means of a buffer, fencing, setbacks, or appropriate landscaping.
(2)
Notwithstanding anything to the contrary in this bylaw, an applicant for a planned development district special permit may propose a sign master plan for the district which, if approved by the Planning Board, may allow for signage which deviates from the specific sign requirements of the Zoning Bylaw, including § 195-6.6, provided that such signage would, in the opinion of the Planning Board, be consistent with the general purpose and intent of § 195-11.2, Purpose.
Approval of a special permit hereunder shall not substitute
for compliance with the Subdivision Control Law, nor oblige the Planning
Board to approve any related definitive plan for subdivision, nor
reduce any time period for Board consideration under that law. However,
in order to facilitate processing, the Planning Board may, insofar
as practical under existing law, adopt regulations establishing procedures
for submission of a combined plan and application which shall satisfy
this Article 11 and the Board's regulations under the Subdivision
Control Law.
[1]
Editor's Note: See MGL c. 41, §§ 81K through
81GG.
