7.1.1.
Purpose. The purpose of this section, Flexible development,
is to:
1.
Encourage the preservation of open land for its scenic beauty and
to enhance agricultural, open space, forestry, and recreational use;
2.
Preserve historical and archeological resources; to protect the natural
environment, including the Town's varied landscapes and water resources;
3.
Protect the value of real property;
4.
Promote more sensitive siting of buildings and better overall site
planning;
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;
8.
Promote the development of housing affordable to low, moderate, and
median income families; and
9.
Promote the development of housing for persons over the age of 55.
7.1.2.
Definitions. See Section 11, definition of "flexible development."
7.1.3.
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
10 acres held in common ownership and located entirely within the
Town.
7.1.4.
Procedures. Flexible development may be authorized upon the
issuance of a special permit by the Planning Board. Applicants for
flexible development shall file with the Planning Board seven copies
of 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
Planning Board.
2.
Where wetland delineation is in doubt or dispute, the Planning Board
may require appropriate documentation.
3.
Data on proposed wastewater disposal, which shall be referred to
a consulting engineer for review and recommendation.
4.
The Planning Board may also require as part of the development plan
any additional information necessary to make the determinations and
assessments cited herein, but not limited to, including proposed deed
restrictions and condominium documents.
7.1.5.
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 Board that this design
process was considered in determining the layout of proposed streets,
house lots, 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).
7.1.6.
Modification of lot requirements. The Planning Board 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 Planning Board may waive this requirement where
it is determined that such reduced lots are consistent with existing
development patterns in the neighborhood.
2.
Side and rear yards shall be at least 10 feet, except as otherwise
provided in this section.
7.1.7.
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 regulations, 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.
7.1.8.
Affordable component. As a condition of the grant of any special
permit for a flexible development, a minimum of 10% of the total number
of dwelling units shall be restricted in perpetuity or for the longest
period allowed by law. The restriction shall be approved as to form
by legal counsel to the Planning Board, and a right of first refusal
upon the transfer of such restricted units shall be granted to the
local Housing Authority for a period not less than 120 days after
notice thereof. The affordable dwelling units shall be added onto
the basic maximum number of dwelling units.
7.1.9.
Types of buildings. The flexible development may consist of
any combination of single-family, two-family and multifamily residential
structures. A multifamily structure shall not contain more than three
dwelling units. The architecture of all multifamily buildings shall
be residential in character, particularly providing gabled roofs,
an articulated footprint and varied facades. Residential structures
shall be oriented toward the street serving the premises and not the
required parking area.
7.1.10.
Association required. The applicant shall provide to the Planning
Board for its approval association documents to provide for the maintenance
of the roads, stormwater management facilities, and any common areas
in the flexible development.
7.1.11.
Roads. The principal roadway(s) serving the site shall be designed
to conform with the standards of the Town where the roadway is or
may be ultimately intended for dedication and acceptance by the Town.
Private ways shall be adequate for the intended use and vehicular
traffic and shall be maintained by an association of unit owners or
by the applicant.
7.1.12.
Parking. Each dwelling unit shall be served by two off-street
parking spaces, unless this requirement is reduced by the Planning
Board. Parking spaces in front of garages may count in this computation.
7.1.13.
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 Section 7.1.13,
Subsection 1, 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 Planning Board 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 bike paths.
4.
Underground utilities to serve the flexible development site may
be located within the contiguous open space.
7.1.14.
Ownership of the contiguous open space. The contiguous open
space shall 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
Board for approval, and shall thereafter be recorded.
7.1.15.
Buffer areas. A buffer area of 50 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 Planning Board may waive the buffer requirement 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.
7.1.16.
Stormwater management. Stormwater management shall be consistent
with the requirements for subdivisions set forth in the Rules and
Regulations of the Planning Board.
7.1.17.
Decision. The Planning Board may approve, approve with conditions,
or deny an application for a flexible development after determining
whether the flexible development better promotes the purposes of Section
7.1.1 of this Flexible Development Bylaw than would a conventional
subdivision development of the same locus.
7.1.18.
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 Zoning Bylaw.
7.2.1.
General. The Building Inspector may grant an occupancy permit
for temporary additional living quarters provided the following conditions
are met. The owner shall submit plans for approval by Building Inspector
showing proposed floor plan and parking and satisfying the conditions
set forth below.
7.2.2.
Conditions.
1.
The owner must be the occupant of the residence.
2.
Living areas must be within the same principal structure.
3.
Not more than one bedroom shall be permitted, and gross floor area
shall not exceed 800 square feet.
4.
Kitchen facilities shall be of a type readily removable.
5.
That there shall be a maximum of two people occupying the living
area.
6.
The applicant must provide satisfactory proof of kinship.
7.
Only one permit will be allowed per locus.
8.
No new entrances for the living quarters will be allowed/required;
existing entrances will be used by all parties involved.
9.
Prior to the grant of any occupancy certificate, the owner shall
record an affidavit at the Registry of Deeds stating compliance with
the conditions set forth above. The Building Inspector must be notified
upon cessation of occupancy. The owner shall then record a discharge
at the Registry of Deeds within 60 days.
10.
Any occupancy permit shall terminate upon transfer of the premises;
provided, however, that a transferee may request renewal of the permit
prior to sale, if said transferee qualifies as set forth above.
7.3.1.
General. For residential use development within existing nonresidential
structures not subject to the Table of Dimensional and Density Regulations,[1] the following conditions shall apply.
[1]
Editor’s Note: The Table of Dimensional and Density Regulations is included as an attachment to this chapter.
7.3.2.
Conditions.
1.
A site plan shall be presented for the entire development. This shall
include parcels of land intended for use but separated from the main
parcel by a public or private way.
2.
The site plan shall be submitted to the Planning Board for approval.
3.
The following uses shall be permitted: residential, community facilities
for exclusive use of the residents, and commercial (retail or service
establishment). The gross floor area devoted to commercial uses shall
not exceed 5% of the total residential gross floor area and shall
not be located above the first floor.
4.
The proposed conversion shall comply with the dimensional and density
regulations for the R-M District and to the provisions of Section
4.1.5, except that the minimum yard dimensions and maximum building
area may be adjusted as deemed appropriate by the Planning Board.
5.
At any one time, not more than 10% of the total dwelling units shall
contain three or more bedrooms.
6.
For multifamily units of two or more bedrooms, there shall be constructed
and equipped an outdoor recreation area containing 100 square feet
for each dwelling unit within the development with a minimum requirement
of 2,000 square feet. Specifically exempt from this requirement are
one-bedroom units and age-restricted housing.
7.
The development shall be served by public water and sewerage.
8.
Parking facilities shall meet the requirements of Section 6.1, except
the required number of spaces shall be one additional for each five
units for visitor parking. In age-restricted housing projects, the
parking requirements shall be reduced by 50%.
9.
Such other conditions as the Board may find appropriate in accordance
with Section 10.5 may be imposed.
7.4.1.
Standards. A bed and breakfast with up to three guestrooms is
allowed subject to site plan approval. A bed and breakfast with from
four to 10 guestrooms is allowed by special permit from the Planning
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.
