Purpose. For the purpose of promoting the more efficient use of land in harmony with its natural features and with the general intent of the bylaw, and to protect and promote the health, safety, convenience and general welfare of the inhabitants of the Town, an owner or owners of a tract of land situated within single residence districts, or a duly authorized agent thereof, may, in connection with the submission of a subdivision plan for Planning Board approval under the Subdivision Control Law[1] or, if no such approval is required, after consultation with the Planning Board, make application to the Board of Appeals for a special permit pursuant to the section excepting his plan from the lot area, side yard and frontage requirements of the bylaw pertaining to single residence districts.

Editor's Note: See MGL c. 41, § 81K et seq.

Special Permit Criteria. After notice and public hearing and after due consideration of the report and recommendations of the Planning Board (see "Planning Board Report," below[2]), the Board of Appeals may grant such a special permit provided that:

It finds that the proposed plan is in harmony with the purpose and intent of the bylaw and that it will promote the purposes of this section.

The area of the tract of land to be subdivided is not less than 25 acres.

Each lot shall contain not less than 26,700 square feet of land in Residence A, B and C Districts, and not less than 40,000 square feet of land in Residence D Districts.

Each lot shall have frontage on a way of not less than 30 feet and in no instance shall four contiguous lots have less than a total of 300 feet frontage and the total frontage of all lots in the tract shall in no instance be less than the product of 100 feet multiplied by the total number of lots. Each lot shall be so configured as to accommodate within it a circle having a diameter of not less than 120 feet.

The required front yard and rear yard depths of the district in which each lot is situated shall be met, and the side yard width shall not be less than 20 feet.

The number of lots permitted within the perimeter (total area) of the subdivision shall be determined on the following basis:

Residence A, B and C Districts, not more than one lot per 40,000 square feet, exclusive of the area set apart for ways and exclusive of area within a flood plain district or a wetland as defined in MGL c. 131, § 40, as amended.

Residence D District, not more than one lot per 60,000 square feet, exclusive of the area set apart for ways and exclusive of area within a flood plain district or a wetland as defined in MGL c. 131, § 40, as amended.

In tracts located partly in more than one residential district, not more than the total number of lots which would be permitted by the preceding Subsections 6a and b allowing fractional lots to be added together, exclusive of the area set apart for ways. Such area set apart for ways may be deducted from the total area of land in any district or partly from each.

There shall be an area or areas, but not more than two such areas, of "Green Belt Land" within the tract which shall equal or exceed the sum of the area by which any individual lots are reduced below the minimum lot area normally required by other sections of the Town's Bylaws in their districts and shall comprise at least 20% of the total area of the tract.

Provision shall be made that the "Green Belt Land" shall be owned by a trust, corporation or other entity or organization which is owned or controlled by the owners of the individual lots in the subdivision. Said land shall be subjected to a perpetual conservation restriction and easement in favor of the Town of Lynnfield under the provisions of General Laws Chapter 40, Section 8C, and Chapter 184, Section 31, as the same may be from time to time amended, and shall be available for use only by its owners for conservation purposes, as specified in said sections of the General Laws as the same may be from time to time amended, and shall contain no paved areas or structures except such as may be used for as accessory to such purposes. The Town shall be given an adequate permanent easement of access for its agents to inspect the use of the "Green Belt Land" to see that it is not used in violation of the conservation easement and restriction. Construction and use of the tennis courts on an area not in excess of 10% of the total "Green Belt Land" as defined herein shall be permitted in "Green Belt Land." Dredging of brooks and ponds shall be permitted in "Green Belt Land" so long as the same shall be done in accordance with applicable law.

The foregoing provisions shall not preclude such "Green Belt Land" being given by voluntary act of the owners to the Town, should the Board of Selectmen at some future time vote to accept the same, but in such case the Town shall not use any such land or make improvements thereon for any purposes other than those enumerated in this subsection. Nothing herein shall be constructed to require any owner to donate land to the Town, nor to affect the right of the Town to take such land by eminent domain.

No land within a flood plain district shall be included in determining the required area of "Green Belt Land."

Reasonably unobstructed access and egress by a way at least 30 feet wide shall be provided to each area of "Green Belt Land" from one or more ways.

The utilities proposed for said subdivision will adequately provide for water, sewerage and drainage, and the proposed streets and street accesses and egresses will adequately provide for traffic convenience and safety.

The location and site design are compatible with the Master Plan of the Town adopted in 1954, as amended, and as the same may be amended from time to time, the existing neighborhood and future development of the environs.

10.

The plan provides for efficient allocation and distribution of the "Green Belt Land."

11.

The land use is harmonious with the natural features of the tract.

[2]

Editor's Note: See Section 8.1.4.

8.1.3.

Conditions. The Board of Appeals may, in appropriate cases, impose further restrictions upon the tract, or parts thereof, as a condition to granting the special permit.

8.1.4.

Planning Board Report. In connection with an application for a special permit from the Board of Appeals under this section, the Planning Board shall submit, in writing, prior to the hearing, its recommendation and report to the Board of Appeals. The Planning Board may supplement its report after the hearing. The report of the Planning Board shall include as a minimum:

A determination of the area of the tract usable for residential construction.

A determination of the number of lots upon which dwellings could be constructed without regard to this section.

A general description of the neighborhood in which the tract lies and the effect of the plan on the area.

The relation of the plan to the Master Plan of the Town adopted in 1954, as amended, and as the same may be amended from time to time.

The extent to which the plan is designed to take advantage of the natural terrain of the tract.

The extent to which the proposed "Green Belt Land" has reasonable size and shape and has adequate access and egress.

The Planning Board's opinion as to the overall design of the plan.

The Planning Board's recommendations as to the advisability of granting the special permit, and as to any restrictions which should be imposed upon the tract as a condition of such permit.

The Board of Appeals shall give due consideration to the report of the Planning Board and, where its decision differs from the recommendations of the Planning Board, shall state the reasons therefor in writing.

8.1.5.

Required Compliance. No provision hereof shall exempt a proposed subdivision from compliance with the rules and regulations of the Planning Board, nor shall it affect the right of the Board of Health to make reports and recommendations and of the Planning Board to approve, with or without conditions or modifications, or disapprove, a subdivision plan in accordance with the provisions of such rules and regulations and of the Subdivision Control Law.[3]

[3]

Editor's Note: See MGL c. 41, § 81K et seq.

8.1.6.

Other Provisions. All dwellings and accessory buildings erected under the provisions of this section shall conform to all other provisions of the Bylaws, which shall not be varied except by the Board of Appeals as permitted by law.

8.1.7.

Procedures.

The procedure set forth herein for making application for a special permit for a Green Belt residential development is meant to be complementary and supplementary to the rules of the Board of Appeals and the following should be interpreted to render the same harmonious with said rules.

In single residence districts, a Green Belt residential development shall be allowed with a special permit issued by the Board of Appeals.

Thirty days or more prior to application to the Board of Appeals for a special permit for Green Belt zoning under this section the applicant shall submit the subdivision plan referred to in the "Purpose" section[4] to the Lynnfield Planning Board by filing the same with the Clerk of the Planning Board, together with an application to obtain its approval with reference to the layout, construction and installation of streets, utilities and drainage facilities together with all other subjects within the proper jurisdiction of the Planning Board. Said approval shall not be given by the Planning Board unless and until the applicant has furnished the Town with such adequate security for performance of the applicant's obligations under the said plan and application as the Planning Board may require under its regulations, as the same may from time to time exist. The Planning Board shall file a report concerning the site plan (hereinafter referred to) together with its recommendations as required by this section with the Clerk of the Board of Appeals within 45 days from the date of application to said Planning Board, and shall send a copy of same to applicant. The Planning Board shall make such report and recommendation in or within 45 days from the date of application to the Planning Board; the failure of the Planning Board to make such report on said Plan within said period of time shall permit the Board of Appeals to act upon an application thereunder for a special permit without such report of the Planning Board.

[4]

Editor's Note: See Section 8.1.1.

In addition to three copies of the subdivision plan, each application for a special permit to the Board of Appeals for Green Belt zoning shall be accompanied by a site plan on one or more sheets, in triplicate, of the entire tract under consideration prepared in accordance with the rules of the Board of Appeals and, without limiting the generality of the foregoing, shall show all existing and proposed buildings, structures, ways, driveway openings, driveways, and all major landscape features such as screening in the form of fences, walls, planting areas and other barriers, the existing topography at a suitable scale and contour interval, proposed grading, location of all Green Belt areas, educational active or passive recreational and cultural uses, if any, and the location of any proposed easements. Said plan shall be subject to such rules relating to scale, dimensions, legend, form and preparation as may from time to time be promulgated by the Board of Appeals.

Each application for a special permit shall be accompanied by four copies of the following proposed documents:

Perpetual easements to the Town to enable it to maintain and repair the Green Belt areas and the drainage system, although clearly placing the primary responsibility upon the owner for the same. Also, contracts indemnifying and holding the Town harmless for any expense incurred by the Town in performing any of these tasks; said contracts shall be in a form binding upon the successors and assigns of the owner of the Green Belt areas.

Performance bonds securing the Town against default by the owner, whether it be an association, corporation, or trust, which owns the Green Belt areas, in performing the required repair and maintenance services; said bonds shall be in a form binding upon the successors and assigns of the owner.

8.1.8.

Changes. No changes in a special permit granted hereunder, or in any plan or other document executed or submitted in connection with the application for such special permit, shall be made except under the authority of a decision of the Board of Appeals upon application and hearing as provided under the "Hearing" Section of the this Section.[5] Prior to such hearing, the Planning Board shall submit to the Board of Appeals in writing recommendations as to the advisability of granting the requested changes relating to a special permit granted hereunder, and as to any restrictions which should be imposed as a condition of approval by the Board of Appeals.

[5]

Editor's Note: So in original.

8.2 Assisted Living Residence.

8.2.1.

Purpose and Intent. The purpose of this section is to promote the availability of services for elderly or disabled persons in a residential environment and to recognize that assisted living residences are an important part of the spectrum of living alternatives for the elderly. Assisted living residences must be operated and regulated as residential environments with supportive services and not as medical or nursing facilities. Assisted living residences are certified by the Commonwealth of Massachusetts Executive Office of Elder Affairs under the provisions and requirements of Massachusetts General Laws Chapter 19D.

8.2.2.

Special Permit. No assisted living residence shall be allowed except by a special permit granted by the Board of Appeals in accordance with the requirements of site plan approval of the Zoning Bylaws. Said Board may impose such conditions as it deems appropriate for the protection of public health, safety, and welfare in any district permitting such use.

8.2.3.

Number of Residents. Said special permit may be granted for an assisted living residence which shall provide for a maximum of 12 residents on contiguous land located within any residential zone or a maximum of 100 residents on contiguous land located within the Commercial District.

8.2.4.

Residential Districts. By special permit, an assisted living residence may be located within any of the residential zones (RA, RB, RC, or RD) provided that said residence shall comply with all of the following conditions:

All side yard, rear yard, and setback provisions shall apply for the particular zone.

The residence shall be situated on contiguous land. In Single Residence Districts A, B, C, and D, and in tracts of land which otherwise qualify for Green Belt zoning under the bylaw, land which lies within a flood plain district or a wetland as defined in MGL c. 131, § 40, as amended, shall not be used to meet the minimum area required for lots in each of such districts. The minimum area required shall be the sum of (a) 10,000 square feet for each unit (including staff or caretaker unit), (b) 2,500 square feet per unit for parking and accessory needs, and (c) 10% of the sum of (a) and (b).

8.2.5.

Commercial Districts. By special permit an assisted living residence may be located within the Commercial District provided that such residence shall comply with all of the following conditions:

All side yard, rear yard, and setback provisions shall apply for that zone.

The residence shall be situated on contiguous land. The minimum area required for such residence in a Commercial District shall be the sum of (a) 1,000 square feet for each unit (including staff or caretaker unit); (b) 250 square feet per unit for parking and accessory needs; and (c) 10% of the sum of (a) and (b).

8.2.6.

Other Requirements. At its discretion, the Board of Appeals shall have the authority to review and approve all aspects of the site plan presented, including, but not limited to, parking, traffic, signage, landscaping, structural design, septic system, drainage, and maintenance of the integrity of abutting properties. All approvals shall be granted in a manner calculated to maintain a residential environment which will blend comfortably with the surrounding area.

8.3 Accessory Dwelling Units.

[Added 10-27-2025 STM by Art. 7[1]]

8.3.1.

Purpose and Intent. The purpose and intent of this Section 8.3 of the Zoning Bylaw are to accomplish the following:

Increase the number of dwelling units available for use and occupancy in the Town;

Adapt properties that are situated in a Single-Family Residential Zoning District so they are supportive of residents at a variety of stages in their lifecycle;

Encourage greater diversity and support of all populations with particular attention to young adults, senior citizens, and those with disabilities;

Encourage a more economic and efficient use of the Town's housing supply while maintaining the appearance and character of the Town's single-family neighborhoods; and,

Provide homeowners with a means of obtaining rental income to defray housing costs.

8.3.2.

Definitions. For purposes of this Section 8.3, the following definitions shall apply:

ACCESSORY DWELLING UNIT (ADU)

A self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same Lot as a Principal Dwelling, subject to otherwise applicable dimensional and parking requirements, that: (i) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the Principal Dwelling sufficient to meet the requirements of the state building code for safe egress; and (ii) except as provided for herein, is not larger in Gross Floor Area than 1/2 the Gross Floor Area of the Principal Dwelling or 900 square feet, whichever is less.

DWELLING UNIT

A single housing unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

GROSS FLOOR AREA (GFA)

The sum of the areas of all stories of the building of compliant ceiling height pursuant to the state building code, including basements, lofts, and intermediate floored tiers, measured from the interior faces of exterior walls or from the centerline of walls separating buildings or dwelling units but excluding crawl spaces, garage parking areas, attics, enclosed porches, and similar spaces. Where there are multiple Principal Dwellings on the Lot, the GFA of the largest Principal Dwelling shall be used for determining the maximum size of a Protected Use Accessory Dwelling Unit.

LOT

An area of land with definite boundaries that is used, or available for use, as the site of a structure, or structures, regardless of whether the site conforms to requirements of zoning.

MODULAR DWELLING UNIT

A pre-designed Dwelling Unit assembled and equipped with internal plumbing, electrical or similar systems, prior to movement to the site where such Dwelling Unit is affixed to a foundation and connected to external utilities; or any portable structure with walls, a floor, and a roof, designed or used as a Dwelling Unit, transportable in one or more sections and affixed to a foundation and connected to external utilities.

PRINCIPAL DWELLING

A structure, regardless of whether it conforms to zoning, including use requirements and dimensional requirements, such as setbacks, bulk, and height, that contains at least one Dwelling Unit and is located on the same Lot as a Protected Use Accessory Dwelling Unit.

PROTECTED USE ACCESSORY DWELLING UNIT (PADU)

An attached or detached ADU that is located, or is proposed to be located, on a Lot in a Single-Family Residential Zoning District and is protected by MGL. c. 40A, § 3, provided that only one ADU on a Lot may qualify as a Protected Use Accessory Dwelling Unit. An ADU that is nonconforming to Zoning shall still qualify as a Protected Use Accessory Dwelling Unit if it otherwise meets this definition.

SHORT-TERM RENTAL

Short-term rental, as defined as MGL c. 64G, § 1. Any unit rented for 31 days or less to any one individual renter/tenant shall be deemed a short-term rental.

SINGLE-FAMILY RESIDENTIAL DWELLING

A structure on a Lot containing not more than one Dwelling Unit.

SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT

Any zoning district where Single-Family Residential Dwellings are a permitted or an allowable use, including any zoning district where Single-Family Residential Dwellings are allowable as-of-right or by Special Permit.

TRANSIT STATION

A subway station, commuter rail station, ferry terminal or bus station.

8.3.3.

Procedural Requirements.

A Protected Use Accessory Dwelling Unit (PADU) that conforms to the requirements contained herein shall be permitted "as-of-right," as defined in MGL c. 40A, § 1A, as an accessory use to a Principal Dwelling. This shall not be subject to a special permit, or any other discretionary zoning approval from the Zoning Board of Appeals, as long as it meets the criteria herein.

An application to obtain a building permit for a PADU shall include a site plan, floor plans, and elevations that meet all requirements as laid out by the Town's Building Inspector to reflect all changes. The application shall be submitted showing all proposed interior and/or exterior changes to existing buildings or new buildings and improvements on a Lot associated with a proposed PADU.

Any applicant for building and/or occupancy permits under the state building code for a building which will include an ADU shall state in the application that the project is proposed to include an ADU. The Building Inspector shall not issue a building permit for construction of such building or a certificate of occupancy for such building until such ADU has received Site Plan approval from the Zoning Board of Appeals.

Accessory apartments, of any size, previously allowed pursuant to a special permit and/or variance granted by the Zoning Board of Appeals, and validly existing, shall be deemed a Protected Use Accessory Dwelling Unit hereunder and shall not be subject to any conditions stated in said Special Permit and/or Variance, including but not limited to owner occupancy, number of tenants, familial tenancy, and parking spaces. Any restrictive covenants recorded at the Essex South Registry of Deeds related to said accessory apartment shall be deemed null and void and have no further force and/or effect. No additional ADUs shall be permitted on a Lot with a previously approved accessory apartment.

If the proposed PADU is located in a Flood Plain District, the construction of a PADU shall be subject to the provisions and requirements of Section 9.1 of the Zoning Bylaw.

All PADUs shall be subject to Site Plan Approval as set forth in Section 8.3.9 administered by the Zoning Board of Appeals. No unreasonable regulations, terms or conditions shall be placed upon the PADU as part of the Site Plan Approval in that PADUs are "as-of-right" as defined in MGL c. 40A, § 1A.

8.3.4.

Use Schedule.

ADUs are allowed as a matter of right in the RA, RB, RC, RD, EH and LB Zoning Districts, subject to the requirements of this Section. ADUs are prohibited in all other districts.

Only one (1) Protected Use Accessory Dwelling Unit (PADU) shall be permitted per Lot in a Single-Family Residential Zoning District as an accessory use to a Principal Dwelling. No additional ADUs shall be permitted on the Lot. This provision shall not be subject to a variance or special permit.

ADUs may not be used as Short-Term Rentals.

8.3.5.

Dimensional and Other Requirements.

Except as otherwise stated herein, a PADU shall not have a Gross Floor Area of more than 900 square feet or one half (1/2) the Gross Floor Area of the Principal Dwelling, whichever is less, in total square footage.

A PADU that is attached to the Principal Dwelling shall meet the setback requirements for the Principal Dwelling applicable in the zoning district in which the Lot is located. A PADU that is detached from the Principal Dwelling must meet the setback requirements for an accessory building in such zoning district.

Any PADU shall be subject to the dimensional setback requirements and limits on lot coverage, open space, bulk, height and number of stories that are applicable to a Principal Dwelling, Single-Family Residential Dwelling or accessory structure in the Zoning District in which the PADU is located. No lot size requirement shall apply to a PADU.

A PADU within a Principal Dwelling shall be accessed through a shared lobby/entry hall with the Principal Dwelling or a dedicated exterior entrance, separate from that of the Principal Dwelling. Any new, additional entrance to an existing Principal Dwelling created to access a PADU shall be located on the side or in the rear of the building.

Where two or more entrances exist on the front facade of a Principal Dwelling, if modifications are made to any entrance to accommodate a PADU, the result shall be that one entrance shall appear to be the principal entrance, and the other entrance shall appear to be secondary.

All stairways to the second or third stories of a Principal Dwelling used to access a PADU shall be enclosed within the exterior walls of the building or be located on the exterior to the rear of the Principal Dwelling.

The footprint of the structure in which an attached PADU is to be located shall not be increased by more than 900 square feet or 50% of the habitable gross floor area of the existing Principal Dwelling, whichever is less, and shall retain the appearance of the principal structure. Any such increase in the footprint shall not exacerbate an existing nonconformity or create a new nonconformity.

The architectural design of the PADU and the type and color of the external materials used in its construction shall be comparable to those of the Principal Dwelling. An ADU that is attached to a Principal Dwelling or that is a combination of being attached to and contained within such structure shall give the appearance of being an integral part of the Principal Dwelling when viewed from the street.

A detached PADU is permitted to be a Modular Dwelling Unit and installed on a foundation. This clause shall not supersede any state building code requirements.

8.3.6.

Parking.

In addition to the minimum parking requirements for the Principal Dwelling, one (1) additional off-street parking space shall be required for a PADU located outside a 1/2 mile radius of any Transit Station. No off-street parking shall be required for a PADU within 1/2 mile from a Transit Station.

To limit the development of additional curb cuts, the Zoning Board of Appeals shall use its Site Plan Review authority to ensure that parking spaces are as accessible as reasonably feasible to existing driveways on the Lot.

8.3.7.

Code Compliance.

ADUs shall maintain a separate entrance from the Principal Dwelling sufficient to meet safe egress requirements under the state building code and fire code.

ADU construction shall comply with 310 CMR 15.00: The State Environmental Code, Title 5 regulations, and applicable regulations of the Town of Lynnfield Board of Health or be served by public sewer.

ADU construction proposed on a lot located in the Groundwater Protection Overlay District must conform with Section 9.3 and may require a Special Permit under Section 9.3.8.

A tree preservation bylaw permit, per General Bylaw Chapter 225, shall be required prior to the issuance of a building permit to construct an ADU.

All other reviews and permits otherwise required by the Town of Lynnfield bylaws shall be required prior to permitting construction of an ADU.

The use and occupancy of an ADU shall be subject to the issuance of and compliance with all applicable Commonwealth of Massachusetts and Town of Lynnfield permits and requirements that are not otherwise inconsistent with this Section 8.3.

8.3.8.

Ownership. The Primary Dwelling and ADU shall remain under single ownership and the ownership shall not be alienated.

8.3.9.

Site Plan Approval. All ADUs are required to obtain Site Plan Approval from the Board of Appeals pursuant to the procedures in Section 10.6 of this Zoning Bylaw, provided that the Site Plan Review criteria shall be limited to the following:

Protection of adjoining premises against seriously detrimental or offensive uses on the site.

The Plan shall demonstrate adequate parking, as required hereunder, and shall maximize convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent ways and land.

Adequacy of the methods of disposal for sewage, refuse and other wastes resulting from the uses permitted on the site, and the methods of drainage for surface water.

The ADU should minimize tree, vegetation and soil removal and grade changes.

The ADU shall be serviced with adequate water supply and sewer or septic service.

Architectural style should be compatible with the existing Principal Dwelling on the Lot.

The Board of Appeals may request reasonable plan modifications of the Site Plan for an ADU and may impose reasonable conditions that are not inconsistent with this bylaw or the provisions of MGL c. 40A, § 3.

8.3.10.

Nonconformance. A PADU shall be permitted within, or on a Lot with, a pre-existing nonconforming structure so long as the PADU can be developed in conformance with the state building code, 760 CMR 71.00 and state law.

8.3.11.

Severability. The invalidity of any section or provision in this bylaw does not invalidate any other section or provision of it.

[1]

Editor's Note: This article also repealed former Section 8.3, Accessory Apartments in Residence Districts.