Town of Groveland, MA Residential Development

The Town for the specific purpose of creating affordable housing, including use by the Groveland Housing Authority for the purchase of land or units, or the development of new or rehabilitation of existing dwelling units for affordable housing occupants; or

QUALIFIED AFFORDABLE HOUSING UNIT PURCHASER OR TENANT

A housing trust or community development corporation designated by the Town and created under the laws of the Commonwealth of Massachusetts.

PROJECT

Any residential or other development, including a cluster development, which results in the construction of new dwelling units, including those set forth in Subsection C herein. Where the project is a life-care facility development, as set forth herein, the term "dwelling unit" shall be construed to mean "assisted-living unit."

An individual or family with household incomes that do not exceed 80% of the area median income, with adjustments for household size, as determined by regulations promulgated by the United States Department of Housing and Urban Development (HUD) and the Commonwealth's Local Initiative Program, or any successor federal or state program.

RENTAL UNITS

Shall be made available at an initial rent that is calculated such that a hypothetical household with 1.5 persons per bedroom and with an income of 80% of area median income would be paying 30% of gross income on rent and tenant-paid utilities, unless the occupant has a tenant-based subsidy, in which case the rent may be the amount allowed under the subsidy, provided that the occupant is not paying more than 30% of gross income on rent and tenant-paid utilities.

Applicability. This section shall apply to:

Division of land. The division of land into four or more lots shall require a special permit from the SPGA. A special permit shall be required for land divisions under MGL c. 40A, § 9 as well as for "conventional" or "grid" divisions allowed by MGL c. 41, § 81-L and § 81-U, including those divisions of land that do not require subdivision approval.

Multiple units. Any project that results in any net increase of four or more dwelling units, whether by new construction or by the alteration, expansion, reconstruction or change of existing residential or nonresidential space, whether on one or more contiguous parcels, shall require a special permit from the SPGA.

Assisted-living facility. Any assisted-living facility development that includes four or more assisted-living units and accompanying services.

Intentional avoidance. The intentional segmentation of projects designed to avoid the requirements of this bylaw (e.g., subdividing one large tract into two smaller tracts, each of which will contain fewer than four units; or phasing a development such that each phase will contain fewer than four units) is expressly forbidden. Parcels held in common ownership as of the passage of this bylaw cannot later defeat the requirements of this regulation by segmenting the development.

Mandatory provision of affordable units. The SPGA shall, as a condition of approval of any development referred to in Subsection C, require that the applicant for special permit approval comply with the obligation to provide affordable housing pursuant to this bylaw and more fully described in Subsection E.

Provision of affordable units.

The SPGA shall deny any application for a special permit for development under this bylaw if the applicant for special permit approval does not comply, at a minimum, with the following requirements for affordable units, except as the provisions of Subsection E(2) below shall apply:

If the average sale price of project units is affordable to households earning the following area median income:	The percentage of units which are subject to rents and selling prices per Subsection B shall be:	The percentage of units which are subject to marketing and continued affordability provisions per Subsection B shall be:
Less than 80%	0%	10%
80% to 119.9%	10%	10%
120% to 239.9%	12.5%	12.5%
240% to 359.9%	15%	15%
360% or over	18%	18%

For projects resulting in a net increase of four to nine dwelling units, the applicant may choose to make a cash payment to the Local Housing Fund based on Subsection H of this bylaw.

The units in a division of land or multiple-unit development subject to this bylaw shall be established as affordable housing units in any one or combination of methods provided for below:

Constructed or rehabilitated on the locus subject to the special permit (see Subsection F); or

Constructed or rehabilitated on a locus different than the one subject to the special permit (see Subsection G); or

An equivalent fees-in-lieu-of payment may be made (see Subsection H); or

An applicant may offer, and the SPGA may accept, donations of land in fee simple, on- or off-site, that the SPGA in its sole discretion determines are suitable for the construction of affordable housing units. The value of donated land shall be equal to or greater than the value of the construction or set-aside of the affordable units. The SPGA may require, prior to accepting land as satisfaction of the requirements of this bylaw, that the applicant submit appraisals of the land in question, as well as other data relevant to the determination of equivalent value.

The applicant may offer, and the SPGA may accept, any combination of the Subsection E(3)(a) through (d) requirements, provided that in no event shall the total number of units or land area provided be less than the equivalent number or value of affordable units required by this bylaw.

Provisions applicable to affordable housing units on- and off-site.

Siting of affordable units. All affordable units constructed or rehabilitated under this bylaw shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, than the market-rate units.

Fractional determination. In determining the total number of affordable units to be constructed or rehabilitated, a fractional unit of 0.4 or more shall be regarded as a whole unit. If an equivalent fee-in-lieu-of payment is to be made, the fee shall be a fractional proportion of the fee for a whole unit.

Affordable units shall be dispersed throughout the project and shall be indistinguishable from market-rate units in external appearance. The affordable units shall have the same design, appearance, construction, insulation, mechanical systems, and quality of materials and finishes as market units, except that affordable units with up to two bedrooms may have only one bathroom, affordable units with three bedrooms shall have at least 1.5 bathrooms, and affordable units with four bedrooms shall have at least two bathrooms. Affordable units shall have the same finishes and appliances as the market-rate units except where the SPGA specifically approves, in advance, a request for different finishes and/or appliances.

Minimum size. The affordable units shall contain square footage which is no less than 90% of a) the average size of market-rate units containing the same number of bedrooms, or b) the following, whichever is the smaller:

1 bedroom	900 square feet
2 bedrooms	1,200 square feet
3 bedrooms	1,500 square feet
4 bedrooms	1,800 square feet

Timing of construction or provision of affordable units or lots. Where feasible, affordable housing units shall be provided coincident to the development of market-rate units, but in no event shall the development of affordable units be delayed beyond the schedule noted below:

Market-Rate Unit %	Affordable Housing Unit %
Up to 30%	None required
30% plus 1 unit	At least 10%
Up to 50%	At least 30%
Up to 75%	At least 50%
75% plus 1 unit	At least 70%
Up to 90%	100%
Fractions of units shall not be counted.

Local preference. Local preference for 70% of the sales units shall be given to residents of Groveland. Verified proof of current or past residency for at least 12 of the previous 36 months shall satisfy this requirement.

Marketing plan for affordable units. Applicants under this bylaw shall submit a marketing plan, or other method approved by the Town through its Local Housing Plan, to the SPGA for its approval, which describes how the affordable units will be marketed to potential home buyers or tenants. This plan shall include a description of the lottery or other process to be used for selecting buyers or tenants.

Restrictions. Affordability restrictions shall be embodied in applicable deed covenants, restrictive covenant agreements, other contractual agreements, land trust arrangements, and/or other mechanisms designed to ensure compliance with this section.

Compliance. Covenants and other documents necessary to ensure compliance with this section shall be executed and, if applicable, recorded prior to and as a condition of the issuance of any building permit or certificate of occupancy, as the SPGA shall deem appropriate.

Provision of affordable housing units off-site. As an alternative to the requirements of Subsection F or H, an applicant subject to the bylaw may develop, construct or otherwise provide affordable units equivalent to those required by Subsection F off-site. All requirements of this bylaw that apply to on-site provision of affordable units shall also apply to provision of off-site affordable units. In addition, the location of the off-site units to be provided shall be approved by the SPGA as an integral element of the special permit review and approval process.

Fees-in-lieu of affordable housing unit provision.

As an alternative to the requirements of Subsection F or G, an applicant may contribute to the Local Housing Fund to be used for the development of affordable housing in lieu of constructing and offering affordable units within the locus of the proposed development or off-site.

Calculation of fees-in-lieu-of units. The applicant for development subject to this bylaw may pay fees in lieu of the construction of affordable units. For the purposes of this bylaw, and based on Greater Lawrence Region averages, the fee in lieu of the construction or provision of affordable units is determined to be 50% the difference between the median sale price of a market-rate unit and the maximum sale price of a comparable affordable dwelling unit, or $80,000, per unit, whichever is smaller.

Schedule of fees-in-lieu-of payments. Fees-in-lieu-of unit payments shall be made according to the schedule set forth in Subsection F(5) above.

Maximum income and selling prices.

Initial sale. To ensure that only eligible households purchase affordable housing units, the purchaser of an affordable unit shall be required to submit copies of the last three years' federal and state income tax returns and certify, in writing and prior to transfer of title, to the developer of the housing units or his/her agent, and within 30 days following transfer of title, to the local housing trust, community development corporation, housing authority or other agency as established by the Town, that his/her or their family's annual income level does not exceed the maximum level as established by the Commonwealth's Division of Housing Development, and as may be revised from time to time.

The maximum housing cost for affordable units created under this bylaw is as established by the Commonwealth's Division of Housing Development, or Local Initiative Program.

Preservation of affordability; restriction on release.

Each affordable unit created in accordance with this bylaw shall have limitations governing its resale. The purpose of these limitations is to preserve the long-term affordability of the unit and to ensure its continued availability for affordable income households. The resale controls shall be established through a restriction on the property and shall be in force in perpetuity.

Resale price. Sales beyond the initial sale to a qualified affordable income purchaser shall include the initial discount rate between the sale price and the unit's appraised value at the time of resale. This percentage shall be recorded as part of the restriction on the property noted in Subsection J(1) above. For example, if a unit appraised for $100,000 is sold for $75,000 as a result of this bylaw, it has sold for 75% of its appraised value. If, several years later, the appraised value of the unit at the time of proposed resale is $150,000, the unit may be sold for no more than $112,500, 75% of the appraised value of $150,000.

Right of first refusal. The purchaser of an affordable housing unit developed as a result of this bylaw shall agree to execute a deed rider prepared by the Town, consistent with model riders prepared by the Department of Housing and Community Development, granting, among other things, the municipality's right of first refusal to purchase the property in the event that a subsequent qualified purchaser cannot be located.

The SPGA shall require, as a condition for special permit under this bylaw, that the applicant comply with the mandatory set-asides and accompanying restrictions on affordability, including the execution of the deed rider noted in Subsection J(3) above. The Building Inspector shall not issue an occupancy permit for any affordable unit until the deed restriction is recorded.

Conflict with other bylaws. The provisions of this bylaw shall be considered supplemental of existing zoning bylaws. To the extent that a conflict exists between this bylaw and others, the more restrictive bylaw, or provisions therein, shall apply.

§ 50-10.2 Conservation subdivision design (CSD).

Purpose.

The primary purposes for CSD are the following:

To allow for greater flexibility and creativity in the design of residential developments;

To encourage the permanent preservation of open space, agricultural land, forestry land, wildlife habitat, other natural resources, including aquifers, water bodies and wetlands, and historical and archeological resources in a manner that is consistent with a municipality's master and open space plan, if any;

To encourage a less sprawling and more efficient form of development that consumes less open land and conforms to existing topography and natural features better than a conventional or grid subdivision;

To minimize the total amount of disturbance on the site;

To further the goals and policies of the master and open space plans;

(f)

To facilitate the construction and maintenance of housing, streets, utilities, and public service in a more economical and efficient manner.

The secondary purposes for CSD are the following:

To preserve and enhance the community character;

To preserve and protect agriculturally significant land;

To protect the value of real property;

To protect community water supplies;

To provide for a diversified housing stock;

(f)

To provide affordable housing to persons of low and moderate income.

Eligibility.

Minimum size of tract. To be eligible for consideration as a CSD, the tract shall contain a minimum of five acres.

Zoning classification. Only those tracts located within the Residential Districts R-1 and R-2 shall be eligible for consideration as a CSD.

Contiguous parcels. To be eligible for consideration as a CSD, the tract shall consist of a parcel or set of contiguous parcels.

Land division. To be eligible for consideration as a CSD, the tract may be a subdivision or a division of land pursuant to MGL c. 41, § 81-P; provided, however, that CSD may also be permitted where intended as a condominium on land not so divided or subdivided.

Special permit required. The Planning Board may authorize a CSD pursuant to the grant of a special permit.

Pre-application procedure.

Conference. The applicant is very strongly encouraged to request a pre-application review at a regular business meeting of the Planning Board. If one is requested, the Planning Board shall invite the Conservation Commission, Board of Health, Road Commissioner, Water and Sewer Board, Fire Department, Police Department, and Municipal Light Department. The purpose of a pre-application review is to minimize the applicant's costs of engineering and other technical experts, and to commence negotiations with the Planning Board at the earliest possible stage in the development. At the pre-application review, the applicant may outline the proposed CSD, seek preliminary feedback from the Planning Board and/or its technical experts, and set a timetable for submittal of a formal application. At the request of the applicant, and at the expense of the applicant, the Planning Board may engage technical experts to review the informal plans of the applicant and to facilitate submittal of a formal application for a CSD special permit.

Submittals. In order to facilitate review of the CSD at the pre-application stage, applicants are strongly encouraged to submit the following information:

Site context map. This map illustrates the parcel in connection to its surrounding neighborhood. Based upon existing data sources and field inspections, it should show various kinds of major natural resource areas or features that cross parcel lines or that are located on adjoining lands. This map enables the Planning Board to understand the site in relation to what is occurring on adjacent properties.

Existing conditions/site analysis map. This map familiarizes officials with existing conditions on the property. Based upon existing data sources and field inspections, this base map locates and describes noteworthy resources that should be left protected through sensitive subdivision layouts. These resources include wetlands, riverfront areas, floodplains and steep slopes, but may also include mature un-degraded woodlands, hedgerows, farmland, unique or special wildlife habitats, historic or cultural features (such as old structures or stone walls), unusual geologic formations and scenic views into and out from the property. By overlaying this plan onto a development plan, the parties involved can clearly see where conservation priorities and desired development overlap/conflict.

Other information. In addition, applicants are invited to submit the information set forth in Subsection E in a form acceptable to the Planning Board.

Site visit. Applicants are encouraged to request a site visit by the Planning Board and/or its agents in order to facilitate pre-application review of the CSD. If one is requested, the Planning Board shall invite the Conservation Commission, Board of Health, Road Commissioner, Water and Sewer Board, Fire Department, Police Department, and Municipal Light Department.

Design criteria. The design process and criteria set forth below in Subsection E should be discussed by the parties at the pre-application conference and site visit.

Design process. At the time of the application for a special permit CSD in conformance with Subsection F, applicants are required to demonstrate to the Planning Board that the following design process was performed by a certified landscape architect and a certified professional engineer and considered in determining the layout of proposed streets, house lots and open space.

Step One: Identifying Conservation Areas. Identify preservation land by two steps. First, primary conservation areas (such as wetlands, riverfront areas, and floodplains regulated by state or federal law) and secondary conservation areas (including unprotected elements of the natural landscape such as steep slopes, mature woodlands, prime farmland, meadows, wildlife habitats and cultural features such as historic and archeological sites and scenic views) shall be identified and delineated. Second, the potentially developable area will be identified and delineated. To the maximum extent feasible, the potentially developable area shall consist of land outside identified primary and secondary conservation areas.

Step Two: Locating House Sites. Locate the approximate sites of individual houses within the potentially developable area and include the delineation of private yards and shared amenities, so as to reflect an integrated community, with emphasis on consistency with the Town's historical development patterns. The number of homes enjoying the amenities of the development should be maximized.

Step Three: Aligning the Streets and Trails. Align streets in order to access the house lots. Additionally, new trails should be laid out to create internal and external connections to existing and/or potential future streets, sidewalks, and trails.

Step Four: Lot Lines. Draw in the lot lines, unless the CSD is utilizing condominium ownership.

Application process.

Application. An application for a special permit for a CSD shall be submitted on the form(s) provided by the Planning Board in accordance with the rules and regulations of the Board. Applicants for CSD shall also file with the Planning Board eight copies of a concept plan. The concept plan shall include a sketch plan and a yield plan (see Subsection G). The applicant shall submit both the site context map and existing conditions/site analysis map prepared according to Subsection D(2) above. Additional information reasonably necessary to make the determinations and assessments cited herein shall be provided, including existing site contour maps and existing current soil maps.

Sketch plan. The sketch plan shall be prepared by a certified landscape architect, or by a multi-disciplinary team of which one member must be a certified landscape architect, and shall address the general features of the land, and give approximate configurations of the lots, open space, and roadways. The sketch plan shall incorporate the Four-Step Design Process, according to Subsection E above, and the design standards according to Subsection I(3) below, when determining a proposed design for the development.

Quality standards. The sketch plan shall be drawn at a scale of 100 feet to the inch or such other scale as the Board may accept. The plan shall be designated as a "conceptual plan."

Required content. The sketch plan shall include the following:

[a]

The subdivision name, boundaries, North point, date, legend, title "Concept Plan," and scale.

[b]

The names of the record owner and the applicant, and the name of the landscape architect that prepared the plan.

[c]

The names, approximate location, and widths of adjacent streets.

[d]

The proposed topography of land shown at a contour interval no greater than 10 feet. Elevations shall be referred to mean sea level.

[e]

The location of existing landscape features, including forests, farm fields, meadows, wetlands, riverfront areas, water bodies, archeological and historic structures or points of interest, rock outcrops, boulder fields, stone walls, cliffs, high points, major long views, forest glades, major tree groupings, noteworthy tree specimens, and habitats of endangered or threatened wildlife, as identified as primary and secondary resources according to Subsection E(1). Proposals for all site features to be preserved, demolished, or moved shall be noted on the sketch plan.

[f]

All on-site local, state, and federal regulatory resource boundaries and buffer zones shall be clearly identified and all wetland flag locations shall be numbered and placed upon the sketch plan.

[g]

Lines showing proposed private residential lots, as located during Step Four, Subsection E(4), with approximate areas and frontage dimensions.

[h]

All existing and proposed features and amenities, including trails, recreation areas, pedestrian and bicycle paths, community buildings, off-street parking areas, etc., shall be shown on the plan and described in a brief narrative explanation where appropriate.

[i]

The existing and proposed lines of streets, ways, common driveways, easements and any parcel of land intended to be dedicated for public use or to be reserved by deed covenant for use of all property owners in the subdivision, or parcels of land or lots to be used for any purpose other than private residential shall be so designated within the subdivision in a general manner.

[j]

Proposed roadway grades.

[k]

Official soil percolation tests for the purpose of siting wastewater treatment options are not required for the concept plan. However, a narrative explanation shall be prepared by a certified professional engineer detailing the proposed wastewater systems that will be utilized by the development and its likely impacts on-site and to any abutting parcels of land. For example, the narrative will specify whether individual on-site or off-site systems, shared systems, alternative to Title V systems, or any combination of these or other methods will be utilized.

[l]

A narrative explanation prepared by a certified professional engineer proposing systems for stormwater drainage and its likely impacts on-site and to any abutting parcels of land. For example, the narrative will specify whether non-structural or structural engineering methods will be used and the number of any detention/retention basins or infiltrating catch basins; it is not intended to include specific pipe sizes. Any information needed to justify this proposal should be included in the narrative. The approximate location of any stormwater management detention/retention basins shall be shown on the plan and accompanied by a conceptual landscaping plan.

[m]

A narrative explanation prepared by a certified professional engineer, detailing the proposed drinking water supply system.

[n]

A narrative explanation of the proposed quality, quantity, use and ownership of the open space. Open space parcels shall be clearly shown on the plan.

[o]

All proposed landscaped and buffer areas shall be noted on the plan and generally explained in a narrative.

[p]

A list of all legal documents necessary for implementation of the proposed development, including any conservation restrictions, land transfers, and master deeds, with an accompanying narrative explaining their general purpose.

[q]

A narrative indicating all requested waivers, reductions, and/or modifications as permitted within the requirements of this bylaw.

[r]

If the municipal sewer system is to be used, a narrative explanation, prepared by a certified professional engineer, detailing the proposed sewer extension system shall be submitted.

Yield plan. Applicant shall submit a narrative explanation detailing the results of the determination of any proposed allocation of yield determined according to Subsection G, Basic maximum number (of lots/units/bedrooms).

Relationship between concept plan and definitive subdivision plan. The concept plan special permit shall be reconsidered if there is substantial variation between the definitive subdivision plan and the concept plan. If the Planning Board finds that a substantial variation exists, it shall hold a public hearing on the modifications to the concept plan. A substantial variation shall be any of the following:

An increase in the number of building lots;

A significant decrease in the open space acreage;

[3]

A significant change in the lot layout;

[4]

A significant change in the general development pattern which adversely affects natural landscape features and open space preservation;

[5]

Significant changes to the stormwater management facilities;

[6]

Significant changes in the wastewater management systems; and/or

[7]

Significant changes in the wetlands and/or wildlife habitat resource areas.

Procedures. Whenever an application for a CSD special permit is filed with the Planning Board, the applicant shall also file within five working days of the filing of the completed application, copies of the application accompanying the development plan, and other documentation, to the Board of Health, Conservation Commission, Building Inspector, Department of Public Works, Water and Sewer Department, Police Chief, Fire Chief, Town Engineer and/or Consultant, Board of Selectmen, Road Commissioner, and Municipal Light Department for their consideration, review and report. The applicant shall furnish the copies necessary to fulfill this requirement. Reports from other boards and officials shall be submitted to the Planning Board within 35 days of receipt of the reviewing party of all the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. In the event that the public hearing by the Planning Board is held prior to the expiration of the thirty-five-day period, the Planning Board shall continue the public hearing to permit the formal submissions of reports and recommendations within that thirty-five-day period. The decision/findings of the Planning Board shall contain, in writing, an explanation for any departures from the recommendations of any reviewing party.

Site visit. Whether or not conducted during the pre-application stage, the Planning Board shall conduct a site visit during the public hearing. At the site visit, the Planning Board and/or its agents shall be accompanied by the applicant and/or its agents.

Other information. 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 bylaw. To the extent permitted by law, the Planning Board shall coordinate the public hearing required for any application for a special permit for a CSD with the public hearing required for approval of a definitive subdivision plan.

Basic maximum number (of lots/units/bedrooms). The basic maximum number shall be derived from a yield plan. The yield plan shall show the maximum number of lots (or dwelling units) that could be placed upon the site under a conventional subdivision. The yield plan shall contain the information required for a sketch plan, as set forth above in Subsection F(1). The proponent shall have the burden of proof with regard to the basic maximum number of lots (or dwelling units) resulting from the design and engineering specifications shown on the yield plan.

Reduction of dimensional requirements. The Planning Board may authorize modification of lot size, shape, and other bulk requirements for lots with a CSD, subject to the following limitations:

Lots having reduced area or frontage shall not have frontage on a street other than a street created by a subdivision involved; provided, however, that the Planning Board may waive this requirement where it is determined that such reduced lot(s) are consistent with existing development patterns in the neighborhood.

Lot frontage shall not be less than 50 feet. The Planning Board may waive this requirement where it is determined that such reduced frontage will further the goals of this bylaw.

Each lot shall have at least 2/3 of the required setbacks for the district unless a reduction is otherwise authorized by the Planning Board.

Lots may be reduced in area according to the following schedule:

Minimum Open Space (%)	District Minimum Lot Area (square feet)	CSD Minimum Lot Area (square feet)
50	R-1 District - 43,560	20,000
33	R-2 District - 30,000	20,000

Lots modified under this section must be connected to the Groveland municipal water and sewer system.

Open space requirements.

Open space. A minimum of 50% of the tract shown on the development plan shall be open space. Any proposed 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 exclusively for the purposes set forth herein, and that it shall be maintained in a manner which will ensure its suitability for its intended purposes.

The percentage of the open space that is wetlands shall not normally exceed the percentage of the tract which is wetlands; 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 of this bylaw.

The open space shall be contiguous. "Contiguous" shall be defined as being connected. Open space will still be considered connected if it is separated by a roadway or an accessory amenity. The Planning Board may waive this requirement for all or part of the required open space where it is determined that allowing non-contiguous open space will promote the goals of this bylaw and/or protect identified primary and secondary conservation areas.

The open space shall be used for wildlife habitat and conservation and the following additional purposes [choose]: historic preservation, education, outdoor education, recreation, park purposes, agriculture, horticulture, forestry, a combination of these uses, and shall be served by suitable access for such purposes. The Planning Board may permit up to 10% of the open space to be paved or built upon for structures accessory to the dedicated use or uses of such open space (i.e., pedestrian walks and bike paths).

Wastewater and stormwater management systems serving the CSD may be located within the open space. Surface systems, such as retention and detention ponds, shall not qualify towards the minimum open space required.

The open space shall be delineated by a line with a metes and bounds description.

Ownership of the open space. The open space shall be conveyed to:

The Town or its Conservation Commission; or

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;

A corporation or trust owned jointly or in common by the owners of lots within the CSD. 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.

Design standards. The following generic and site-specific design standards shall apply to all CSDs and shall govern the development and design process:

Generic design standards.

The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas. The orientation of individual building sites shall be such as to maintain maximum natural topography and cover. Topography, tree cover, and natural drainage ways shall be treated as fixed determinants of road configuration rather than as malleable elements that can be changed to follow a preferred development scheme.

Streets shall be designed and located in such a manner as to maintain and preserve natural topography, significant landmarks, and trees; to minimize cut and fill; and to preserve and enhance views and vistas on or off the subject parcel.

[3]

Proposed development shall be related harmoniously to the terrain and the use, scale, and architecture of existing buildings in the vicinity that have functional or visual relationship to the proposed buildings. Proposed buildings shall be related to their surroundings.

[4]

All open space (landscaped and usable) shall be designed to add to the visual amenities of the area by maximizing its visibility for persons passing the site or overlooking it from nearby properties.

[5]

The removal or disruption of historic, traditional or significant uses, structures, or architectural elements shall be minimized insofar as practicable, whether these exist on the site or on adjacent properties.

Site-specific design standards.

Mix of housing types. The CSD may consist of any combination of single-family, two-family and multifamily residential structures. A multifamily structure shall not contain more than four dwelling units. Residential structures shall be oriented toward the street serving the premises and not the required parking area.

Buffer areas.

[a]

A buffer area of 25 feet may be provided at the following locations:

[i]

Perimeter of the property where it abuts residentially zoned and occupied properties;

[ii]

Certain resource areas on or adjacent to the tract, like ponds, wetlands, streams and riverfront areas, rock outcrops, ledge, agricultural or recreational fields, and land held for conservation purposes; and

[iii]

Existing public ways.

[b]

Driveways necessary for access and egress to and from the tract may cross such buffer areas. No vegetation in this buffer area will be disturbed, destroyed or removed, except for normal maintenance of structures and landscapes approved as part of the project. The Planning Board may waive the buffer requirement in these locations when it determines that a smaller buffer (or no buffer) will suffice to accomplish the objectives set forth herein.

[3]

Drainage. The Planning Board shall encourage the use of "soft" (non-structural) stormwater management techniques (such as swales) and other drainage techniques that reduce impervious surface and enable infiltration where appropriate.

[4]

Common/Shared driveways. A common or shared driveway may serve a maximum number of three single-family units.

[5]

Stormwater management facilities. All structural surface stormwater management facilities shall be accompanied by a conceptual landscape plan.

[6]

On-site pedestrian and bicycle circulation. Walkways and bicycle paths shall be provided to link residences with parking areas, recreation facilities (including park land and open space) and adjacent land uses where appropriate.

[7]

Disturbed areas. Not more than 25% of the total tract shall be disturbed areas. A disturbed area is any land not left in its natural vegetated state.

Decision of the Planning Board. The Planning Board may grant a special permit for a CSD if it determines that the proposed CSD has less detrimental impact on the tract than a conventional development proposed for the tract, after considering the following factors:

Whether the CSD achieves greater flexibility and creativity in the design of residential developments than a conventional plan;

Whether the CSD promotes permanent preservation of open space, agricultural land, forestry land, other natural resources, including water bodies and wetlands, and historical and archeological resources;

Whether the CSD promotes a less sprawling and more efficient form of development that consumes less open land and conforms to existing topography and natural features better than a conventional subdivision;

Whether the CSD reduces the total amount of disturbance on the site;

Whether the CSD furthers the goals and policies of the open space and master plan(s);

(f)

Whether the CSD facilities the construction and maintenance of streets, utilities, and public service in a more economical and efficient manner; and

(g)

Whether the concept plan and its supporting narrative documentation complies with all sections of this zoning bylaw.

Increase in permissible density. The Planning Board may award a density bonus to increase the number of dwelling units beyond the basic maximum number. The density bonus for the CSD shall not, in the aggregate, exceed 30% of the basic maximum number. Computations shall be rounded to the lowest number. A density bonus may be awarded in the following circumstances:

For each additional 10% of the site (over and above the required 50%) set aside as open space, a bonus of 5% of the basic maximum number may be awarded; provided, however, that this density bonus shall not exceed 10% of the basic maximum number.

For every two dwelling units permanently restricted to occupancy by persons over the age of 55, by a recorded restriction enforceable by the Town, one dwelling unit may be added as a density bonus; provided, however, that this density bonus shall not exceed 10% of the basic maximum number.

For every two dwelling units permanently restricted to occupancy for a period of not less than 15 years by persons or families who qualify as low or moderate income, as those terms are defined for the area by the Commonwealth's Department of Housing and Community Development, a recorded restriction enforceable by the Town, one dwelling unit may be added as a density bonus; provided, however, that this density bonus shall not exceed 10% of the basic maximum number.

§ 50-10.3 Planned unit development (PUD).

Purpose.

These are specifications and procedures only. The specifications and procedures shall apply in zoning districts, if any, allowing such special permit. For the purpose of the planned unit development bylaw, the Planning Board is designated as the special permit granting authority.

Any planned unit development of three living units or more shall be governed by this regulation in order to protect and promote the health, safety, convenience and general welfare of the inhabitants of the Town.

General.

Work on a planned unit development shall not begin until 20 days have elapsed after the granting of a special permit by the Planning Board after a public hearing.

The Planning Board's public hearing shall be held within 65 days after the filing of one application and one set of plans each with the Planning Board, the Board of Health and the Town Clerk. The Planning Board filing date shall be used to begin the sixty-five-day period. The Planning Board shall render a decision within 90 days following the public hearing for which notice has been given in accordance with MGL c. 40A, § 11, including all posting, notices and mail requirements. Failure of the Planning Board to take final action upon an application for a special permit within said 90 days following the date of public hearing shall be deemed to be a grant of the permit applied for. A vote of four members of the five-member Planning Board shall be required to grant a special permit for a planned unit development.

Such special permit, or any extension, modification or renewal thereof, shall not take effect until a copy of the decision bearing the certification of the Town Clerk that said 20 days have elapsed and no appeal has been filed or that if such appeal has been filed, that it has been dismissed or denied, is recorded in the Essex County Registry of Deeds and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the applicant.

A special permit for a planned unit development shall lapse within two years after the granting date of the special permit (the granting date being included in the two-year period), and including such time required to pursue or await the determination of an appeal referred to in MGL c. 40A, § 17, from grant thereof, if substantial construction has not begun except for good cause.

The content of a planned unit development plan shall be in conformance with Groveland's current Subdivision Rules and Regulations and the Aquifer Protection Bylaw to the extent considered necessary and appropriate by the Planning Board.

Any planned unit development shall require the written recommendations of Town boards and/or agencies as specified in Groveland's Subdivision Rules and Regulations. Any such board or agency to which petitions are referred for review shall make such recommendations as it deems appropriate and shall send copies thereof to the Planning Board and to the applicant; provided, however, that failure of any such board or agency to make recommendations within 35 days of receipt by such board or agency of the petition shall be deemed lack of opposition thereto.

Upon the granting of a special permit or any extension, modification or renewal thereof, the Planning Board shall issue to the owners and to the applicant, if other than the owner, a copy of its decision, certified by the Planning Board, containing the name and address of the owner, identifying the land affected, setting forth compliance with the statutory requirements for the issuance of a special permit and certifying that copies of the decision and all plans referred to in the decision have been filed with the Planning Board and Town Clerk.

No planned unit development petition which has been unfavorably and finally acted upon by the Planning Board shall be acted favorably upon within two years after the date of final unfavorable action unless the Planning Board, by a favorable vote of four members, finds specific and material changes in the conditions upon which the previous unfavorable action was based, and describes such changes in the record of its proceedings, and after notice is given to parties in interest of the time and place of the proceedings when the question of such consent will be considered.

Any petition for a planned unit development special permit which has been transmitted to the Planning Board may be withdrawn without prejudice by the petitioner prior to the publication of the notice of a public hearing thereon, but thereafter be withdrawn without prejudice only with the approval of the Planning Board.

(10)

The Planning Board shall have overall responsibility for project supervision and shall use Groveland zoning bylaws, including the Aquifer Protection Bylaw, Subdivision Rules and Regulations, and other sources, both written and professional, as are considered necessary and appropriate.

(11)

If any of the regulations in this section are in conflict with other regulations contained in the zoning bylaws, the most stringent regulation shall apply.

Regulations. After following the specified procedures, the Planning Board may grant a special permit for a planned unit development, provided that the following regulations are met:

The maximum height of any building shall be 35 feet. Height shall be measured from the mean finished ground level to the highest point on the roof of the building. The maximum number of stories shall be 2 1/2.

There shall be at least two parking spaces of appropriate size per dwelling unit. Parking areas shall be illuminated by a light intensity of 0.60 footcandle (average maintained). The lighting uniformity on parking areas shall be 4 to 1. All illumination on parking lots must be shielded so as not to shine upon abutting property.

The number of dwelling units per building shall not exceed four.

All dwelling units shall be in accordance with the "livable floor area" definition.

Each dwelling unit shall have its own cooking and sanitary facilities.

Fire alarm and emergency lighting systems shall be installed. Said systems shall be subject to the approval of the Town's Fire Chief.

Provisions shall be made for fire protection, specifically fire hydrants. Said provisions shall be subject to the approval of the Town's Fire Chief.

Provisions shall be made for access to all buildings by emergency vehicles at all times.

At least 70% of the total land area shall be open space, which shall be exclusive of buildings, drives and parking.

(10)

The floor-area ratio shall be 0.15 maximum. The floor-area ratio is defined as the gross floor area of the buildings less cellars, to the total land area.

(11)

No structures shall be built within 30 feet of any way or interior streets or access roads. No structure shall be built within 50 feet of any property line. No structure shall be built within 50 feet of any other structure.

(12)

When access to a state highway is involved, no building permit shall be issued until the applicant submits to the Town Building Inspector a copy of an approved permit for entrance to the state highway as issued by the Massachusetts Department of Transportation.

(13)

Responsibility for maintenance of roads, drives, and parking areas, which shall include but not be limited to repair, snow removal, and general maintenance, shall be the responsibility of the owners of the buildings, unless and until such roads are accepted by the Town. The Town Road Commissioner shall be delegated to inspect the conditions of the drives, roadways, and parking areas at least annually and insure that appropriate action is taken to protect the inhabitants.

(14)

Any sewage treatment facility shall be subject to the approval of the Town Board of Health, the Massachusetts Department of Public Health, and the Massachusetts Department of Environmental Protection. Such facility shall be the responsibility of the owner of the building, unless such facility is accepted by the Town. A plan of the approved system shall be filed with the Town Board of Health and the Planning Board.

(15)

No building shall be erected in a possible floodplain as determined by the Planning Board after consultation with appropriate agencies.

(16)

No building shall be erected within 300 feet of the perimeter of any body of water (including wetlands, streams, ponds, etc.) as measured at its highest point within the last 10 years.

(17)

Dwelling area requirements shall be consistent with the intent of the facility, and shall be subject to the approval of the Planning Board.

(18)

The average number of dwelling units per acre in any planned unit development shall not exceed four.

(19)

There shall be a minimum of 10 acres of land within any parcel to be developed for a planned unit development.

(20)

Commercial business establishments are expressly prohibited.

(21)

All signs of a commercial nature are expressly prohibited.

(22)

All future accessory buildings shall be subject to approval by the Planning Board.

(23)

In Zones II and III of the Aquifer Protection District (see Article VI of these bylaws), no storage tank or associated pipe systems for hazardous materials, including fuel oils for domestic use, shall be in direct contact with the ground.

(24)

All buildings/dwelling units shall be connected to the Groveland sewer system.

(25)

For the purpose of traffic control, each new PUD shall be located a minimum distance of one mile (5,280 feet) from an existing PUD as measured from the closest point of the boundary of each parcel for each project.

(26)

The area (square footage) of all wetlands and steep slopes in excess of 20% within the parcel shall be excluded from the total area (square footage) of the entire parcel for the purpose of calculating the total number of units/dwellings that could be developed.

§ 50-10.4 Common driveways.

[Added 5-24-2021 ATM by Art. 9]

Common driveways may be allowed by special permit from the Planning Board in all zoning districts when deemed in the best interest of the Town under the provisions of MGL c. 40A, § 9, and in accordance with the following provisions:

Lots to be served by a common drive must meet the minimum dimensional standards of the Zoning Bylaw in effect at the time they were created.

Common drives may only access the street where the lots served have required legal frontage.

Minimum width of 18 feet.

Maximum grade of 10%, 3% within 50 feet of the street line.

Maximum length of 500 feet.

No closer than 50 feet to any intersecting way.

Construction: six-inch gravel road base, one-and-one-half-inch binder course, one-inch top course.

Maximum number of lots that may be served by a common drive is three.