The purpose of this Article 12 is to permit existing buildings
or large tracts of land in Residence Districts 1, 2, and 3 to be converted
to single-family condominium dwelling units compatible with such residence
districts, to create new housing involving relatively little new construction,
to generate tax revenue for the Town, to preserve existing buildings,
to preserve the residential character of the Town, and to preserve
open space in the Town. In order to provide for development that is
compatible with Residence Districts 1, 2, and 3, which districts are
primarily for single-family residences, the conversions to dwelling
units under this Article 12 are to condominium dwelling units, which
can be separately owned, and are therefore a type of development similar
in character to other development in such districts.
Properties meeting the following requirements shall be eligible
for consideration for a condominium conversion special permit:
A. Parcels with one or more existing buildings in a Residence 1, 2,
or 3 District of not less than 10 acres and with not less than 150
feet of frontage on the public way.
B. Any dwelling located on a lot of record as of April 24, 1982, may
be converted to condominium dwelling units.
C. The total number of dwelling units that can be created under a condominium
conversion special permit shall not exceed n-2, where "n" is the number
of acres in the parcel.
D. Each condominium dwelling unit shall be an independent dwelling unit
intended for use by a single family, with its own bath and toilet
facilities and its own kitchen. The average square footage of the
interior living space of the units shall be not less than 850 square
feet per unit.
E. No building (including both buildings converted to condominium dwelling
units and other buildings not converted to condominium dwelling units)
shall be externally enlarged except with the approval of the Planning
Board, and in no event shall such enlargement add to any one building
more floor area than a number equal to 5% of the above-grade floor
area of such building, the floor area of porches and decks to be included
in the calculations of floor area.
F. No new building for dwelling purposes may be built on the parcel. New structures may be built pursuant to Subsection
H(2) below.
G. Parking requirements are subject to Article 8 of the Zoning Bylaw.
H. For the purposes of this subsection, "open space" shall mean all
the land on the parcel except that land occupied by buildings to be
converted to condominium dwelling units and existing buildings to
be used for parking purposes. To ensure the preservation of open space,
the following requirements shall be met:
(1)
Open space may be used for the following purposes: flower gardens,
gardens, landscaping, required parking, roadways and driveways reasonably
necessary for the development, underground utilities, recreation not
requiring any facility or structure, and land left in its natural
state. The open space may be used for other purposes permitted in
the Residence District if approved by the Planning Board as consistent
with the condominium development and character of the neighborhood.
(2)
On open land, all facilities and structures for accessory purposes
(such as swimming pools, tennis courts, garages, carports, parking
areas, lamp posts, small sheds for tools or sports equipment, fences,
including the kind enclosing a tennis court or swimming pool, bath
houses, and other accessory structures for accessory purposes) shall
be subject to the approval of the Planning Board as to their number,
design, locations, uses, and sizes; provided, however, that all such
facilities and structures, including roadways and driveways, shall
not involve the use of more than 20% of all of the open land on the
parcel.
I. All new utilities, including wiring for lights on open space, paths,
and driveways, shall be placed underground.
An application for a condominium conversion special permit shall
include the following:
A. Proposed master deed and proposed plans to be recorded therewith,
including floor plans, at least one elevation for each building being
converted to dwelling units, and a site plan for the parcel locating
at least each building, roadways and driveways, parking, recreation
facilities, utilities, and accessory facilities and structures.
C. A sample proposed unit deed.
D. A locus plan showing the parcel and all land immediately adjacent
thereto, including nearby buildings and structures.
E. Such other plans, photographs, models or elevations as the Planning
Board shall reasonably deem necessary or appropriate to help understand
the proposal.
After a condominium conversion special permit has been granted, any change in the location or use of a building, any enlargement of a building, any material exterior restoration, any material change in the use of open space, or in the facilities or structures thereon, shall not be permitted except upon an amendment to the special permit which shall be upon petition to the Planning Board and after a public hearing (with the provisions of §
195-12.5 applying) and upon a finding by the Planning Board that the proposed change or changes do not substantially derogate from the intent and purpose of this article.
Prior to recording, a special permit granted under this article shall be subject to the review by the Planning Board of the final plans, and of the master deed, and plans to be recorded therewith, and bylaws, as they are to be initially recorded, which final plans, master deed, plans and bylaws shall all be substantially the same as those approved with the special permit in all respects material to considerations relevant to the special permit, in which case the Chairman of the Planning Board shall endorse copies of such final plans and such master deed, plans and bylaws having received final review and approval under this section, which endorsement shall be conclusive evidence thereof. Thereafter, the master deed and plans recorded therewith, and bylaws may be amended without Planning Board approval; provided, however, that an amendment to the special permit shall be required for those matters specified in §
195-12.4 hereof. Any amendment to the master deed and plans recorded therewith and bylaws related to an amendment to the special permit shall be endorsed by the permitted district(s) with greater flexibility from the pattern otherwise permitted in such districts.