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.