[Amended 1975; 1980; 2017; 2018]
Except as provided in § 240-4.4, every lot shall conform to the dimensional requirements set forth in §§ 240-4.2 and 240-4.3, and no building or structure, except fences six feet or less in height, in any district shall be built, located, enlarged or structurally altered which does not conform to such dimensional requirements.
A.
Small accessory shed exception. A reduction to one-half of the values shown in § 240-4.2 for minimum required side and rear setbacks in the Residence A, B and C Districts shall apply to small accessory sheds provided that they meet the following criteria:
(2)
The shed is not permanent in nature (i.e., not on a foundation);
[Amended 4-25-2023 ATM
by Art. 23]
(3)
Its area is not more than 250 square feet;
(4)
Its maximum height is 1.5 stories to allow for a pitched roof,
and its height shall not exceed the distance to the nearest lot line;
(5)
The shed shall not be used for the parking or storage of automobiles;
[Amended 1973; 1979; 1980; 1983; 1991; 1995; 1996; 4-25-2023 ATM by Art. 23]
The Schedule of Dimensional Requirements is included as an attachment to this chapter.
[Amended 1979; 1980; 1991; 1996; 2009]
A.
Land located in a way, whether public or private, shall be excluded
in computing any lot area.
B.
In the case of a lot abutting more than one street, the minimum requirements
as to setbacks from the street sideline shall be applicable with respect
to each street.
C.
In the case of a lot abutting more than one street, the lot must
have the entire required minimum frontage on one of the streets but
need not have it on more than one.
D.
Height exceptions. Churches and municipal buildings may exceed the
height limitation. Domes, cupolas, and other ornamental features,
chimneys, ventilators, skylights, tanks, bulkheads, machinery, and
other accessory features which are required above roofs may exceed
the height limitation.
E.
Corner obstruction. In all districts, no building, fence or other
structure shall be erected or installed, and no tree, shrub or other
growth shall be planted or permitted to grow or exist, which will
dangerously obstruct the view of traffic by operators of vehicles
at street intersections.
F.
Number and location of dwellings on one lot. The number and location of dwellings (dwellings in this section including accessory buildings) on any one lot shall be such that every dwelling thereon can be provided with sufficient land to form a separate lot which will itself be in full conformity to the regulations of this section and on which that dwelling will be in full conformity thereto; and upon alienation of any dwelling, it shall be provided with such a lot and every remaining dwelling on the original lot shall be left capable of being provided therewith. This section shall not apply to multidwelling projects in a Residence EA District for which a special permit has been granted pursuant to § 240-5.6.
[Amended 4-25-2023 ATM
by Art. 23]
G.
Dwellings in business districts. No dwelling shall be erected on a lot in a business district unless the dwelling and lot conform to the dimensional requirements for Residence A as set forth in § 240-4.2.
H.
Location of farm buildings. In a residence district no farm or poultry
farm building shall be placed within 100 feet of the street sideline,
except that a permanent building or structure used solely in connection
with selling or offering for sale of farm products may be placed not
less than 30 feet from the traveled portion of the street adjacent
thereto.
I.
Common driveways. Common driveways serving more than two building
lots shall require a special permit from the Planning Board. Minimum
requirements are that they be constructed in compliance with the Sherborn
Driveway Bylaw,[1] and each lot so served must have a common maintenance
agreement recorded at the appropriate registry. Common driveways in
existence and use as of September 30, 1995, shall not require a special
permit unless the use is extended to one or more additional building
lots.
[Added 1987; amended 1994]
A.
Special permit required. Persons seeking relief from the minimum street frontage requirements of § 240-4.2 for any lot in a residence district may petition for a special permit granting same. For the purposes of this section, the lot having less than the minimum frontage required by § 240-4.2 is the "Section 4.4 lot." The remainder of the original lot must comply with § 240-4.2 (both before and after division) and is the "complying lot." No permit shall be granted under this section which does not result in both a Section 4.4 lot and a complying lot.
B.
Grant by Planning Board. The Planning Board shall be the special permit granting authority for special permits authorized hereunder and shall hear and decide all properly submitted applications in compliance with the time limitations and other procedural requirements specified in Chapter 40A of the General Laws, this Zoning Bylaw (including without limitation § 240-6.2) and the Rules and Regulations of the Planning Board.
C.
Board of Appeals comment. The Board of Appeals shall be the review
board on all applications under this section. The Board of Appeals
shall make such recommendations on each application as it deems appropriate,
and shall send copies thereof to the Planning Board and the applicant.
The failure of the Board of Appeals to make written recommendations
within 35 days of receipt of an application shall be deemed to be
lack of opposition thereto by the Board of Appeals.
D.
E.
Plans. Each petition for a special permit under this section shall
be accompanied by a survey plan. Each survey plan submitted under
this section shall:
(1)
Be prepared by a registered land surveyor in accordance with
the rules of the Planning Board in such form as will be required for
recording with the Middlesex South Registry of Deeds or filing with
the Land Court.
[Amended 4-25-2023 ATM
by Art. 23]
(2)
Show all lot lines, existing and proposed, all existing buildings,
structures, walls, wells, fences, rock ridges and outcroppings, watercourses,
wetlands, septic systems, and floodplain areas, locations of all rights-of-way
and easements on the lot and rights-of-way and easements on abutting
land which are appurtenant to the lot and contours of the existing
and finished grades of the access at two-foot intervals and contours
of the balance of the lot at not more than five-foot intervals.
[Amended 4-25-2023 ATM
by Art. 23]
(3)
Show the location, width and center line of all existing and
proposed access roadways, necessary drainage facilities, all filling,
cutting and grading required for the construction thereof, and shall
include a profile sheet showing the present and finished grades of
such roadways.
(4)
Contain a locus plan showing the location of the proposed Section
4.4 and complying lot with respect to surrounding lots and streets.
F.
Minimum requirements. The Planning Board shall not grant a special
permit under this section unless all of the following requirements
are satisfied:
(1)
Frontage and width. The Section 4.4 lot shall have at least
50 feet of frontage on a public street and shall be at least 50 feet
wide at every point.
(2)
Building limitations. Not more than one single-family dwelling
is to be located on each of the Section 4.4 lot and the complying
lot. No such single-family dwelling may be located on the proposed
Section 4.4 lot at the time of application or approval of the special
permit. The special permit shall contain a recorded restriction against
further division of the Section 4.4 lot creating any additional building
lots.
(3)
Adequate access. There will be adequate actual access from the
street to the single-family dwelling located or to be located on the
Section 4.4 lot and the complying lot, respectively. The access to
the Section 4.4 lot shall be within the boundary lines of the Section
4.4 lot and not subject to any public or private easement or easements
unless the Planning Board finds that such easement or easements will
have no effect or only minimal effect on the proposed use of the access,
in which case the Planning Board may waive the foregoing provision
and include a finding supporting such waiver in its decision hereunder.
(4)
Lot size. The Section 4.4 lot shall contain at least twice the
required minimum lot size of the residence district in which it is
located.
(5)
(6)
Underground utilities. All utilities will be installed underground
unless the Planning Board specifically finds that above ground utilities
will have minimal impact on adjacent lots.
G.
Additional requirements. In determining whether or not to grant a
special permit under this section and in determining what condition,
if any, to impose on such a special permit, the Planning Board may
consider additional circumstances relating to soil conditions, topography,
lot history, wetlands, public safety and convenience, and public interest
or other matters affecting the Section 4.4 lot and the complying lot,
or the effect of the proposed division on the surrounding area and
its inhabitants, including without limitation:
(1)
Size, and regularity of shape of the Section 4.4 lot and the
complying lot.
(2)
Proximity of the access to the Section 4.4 lot and the complying
lot to each other and to other roadways or driveway openings.
(3)
Adequacy of the street(s) on which the lots front for vehicular
traffic, from the standpoint of both capacity and safety.
(5)
The extent to which the Section 4.4 lot and the complying lot
will be in harmony with the general purpose and intent of the Zoning
Bylaw.
(6)
The possibility of future division or subdivision of the complying
lot.
(7)
The effect of the creation and development of the proposed Section
4.4 lot on scenic or natural qualities of the land in comparison to
alternative possible plans for dividing or subdividing the original
lot.
[Added 1996]
[Added 1996; amended 2020]
A.
Purpose and intent: The primary purposes of this section are to:
[Amended 4-25-2023 ATM
by Art. 23]
(1)
Further the goals and recommendations of the Sherborn Master
Plan and Open Space and Recreation Plan:
(a)
Preservation of open space, forests, and wildlife habitat.
(b)
Protection of clean groundwater resources, including aquifers,
surface water bodies, streams and wetlands.
(c)
Reduction of energy consumption and greenhouse gas emissions,
and mitigation of the effects of climate change.
(d)
Preservation of agricultural land use.
(2)
Establish open space subdivision design as a preferred alternative
to conventional subdivisions, in order to consume less open land and
preserve environmental resilience while providing for present and
future housing needs;
(3)
Enable landowners to realize equity from development of a limited
percentage of their land while preserving conservation, agricultural,
forestry or recreational uses on the majority of the property;
(4)
Expedite the permitting of projects that fulfill the objectives
and requirements of this bylaw;
(5)
Facilitate the construction and maintenance of housing, streets,
utilities, and public services in a more economical and efficient
manner while minimizing the total area of disturbance of the site;
and
(6)
Promote the incorporation of low-impact development and green
infrastructure features into development designs.
B.
APPLICANT
APPROVAL NOT REQUIRED (ANR)
BOARD
CONVENTIONAL SUBDIVISION
DWELLING UNIT
GREEN INFRASTRUCTURE
HOMEOWNERS' ASSOCIATION
LOW-IMPACT DEVELOPMENT
LOW-IMPACT DRAINAGE SYSTEM
OPEN SPACE SUBDIVISION
OWNER
PROTECTED OPEN SPACE
UPLANDS
YIELD PLAN
Definitions:
Shall mean an owner, his agent or representative, or his
assigns, that are responsible for submission of a subdivision development
plan to Town officials.
Shall mean a process of creating building lots in accordance
with MGL c. 41, § 81P, as may be amended from time to time,
by inter alia division of land on an existing public way, in which
each new lot fulfills the minimum frontage requirements of the relevant
zoning district.
Shall mean the Planning Board.
Shall mean a division of land into two or more lots in such a manner as to constitute "subdivision" as defined in MGL c. 41, § 81L, as amended from time to time, and in which minimum lot size is that required for a single-family home in the zoning district, as defined in Zoning Bylaw § 240-4.2.
Shall mean a group of rooms or a structure designed, constructed
and/or equipped exclusively for use as a complete living unit for
one family, including living, sleeping, cooking and sanitary facilities,
and which is directly accessible from the outside without passing
through any other dwelling unit.
[Amended 4-25-2023 ATM
by Art. 23]
Shall mean the vegetation and forests that provide services
to the community such as groundwater filtering and retention, aquifer
recharge, carbon sequestration and temperature control.
Shall mean the corporation, trust, or association owned by
the unit owners within an open space subdivision and used by them
to manage and regulate their affairs, including any commonly owned
land or facilities.
[Amended 4-25-2023 ATM
by Art. 23]
Shall mean land development and building practices that minimize
environmental impacts by preserving or adding vegetation including
trees, and promoting groundwater retention and recharge through design
features.
[Amended 4-25-2023 ATM
by Art. 23]
Shall mean a stormwater management system that maximizes
maintenance of clean groundwater resources through natural filtering,
retention and recharge.
[Amended 4-25-2023 ATM
by Art. 23]
Shall mean a division of land into two or more residential
lots in such a manner as to constitute "subdivision" as defined in
MGL c. 41, § 81L, as amended from time to time, and that
(a) permanently preserves at least 60% of the land in a natural, scenic
or open condition or in agricultural, farming or forest use; (b) preserves
the significant natural, cultural, and historic features of the land;
(c) concentrates residential development, through design flexibility
and reduced dimensional requirements, in order to preserve those features;
and (d) calculates the number of dwelling units allowed up front by
formula.
[Amended 4-25-2023 ATM
by Art. 23]
Shall mean the owner or owners of record of all land included
within the subdivision as shown by the records of the Registry of
Deeds for the Southern District of Middlesex County or the Middlesex
South Registry District of the Land Court.
Shall mean land that is permanently preserved in a natural,
scenic or open condition or in agricultural, farming or forest use,
by conservation restriction or other legal means.
Shall mean a land area that is not under federal, state or
local wetland or floodplain jurisdiction.
[Amended 4-25-2023 ATM
by Art. 23]
Shall mean a calculation of the number of dwelling units allowed in a specific open space subdivision, using the method described in Subsection D below.
C.
Applicability:
(1)
Open space subdivisions are allowed by right under zoning and may be proposed anywhere within the R-A, R-B and R-C Districts. Open space subdivisions shall be subject to the requirements of the Sherborn Zoning Bylaw except as noted otherwise in this (§ 240-4.5) section and the Subdivision Rules and Regulations of the Sherborn Planning Board as applicable.
[Amended 4-25-2023 ATM
by Art. 23]
(2)
Subsection A above applies only to subdivisions of land as defined in MGL c. 41, § 81L, and not to construction of homes on individual house lots that existed prior to the date of adoption of this bylaw, or to house lots created through the "approval not required" (ANR) process with frontage on public ways in existence at the date of adoption of this bylaw.
(3)
All subdivision applications received after the effective date
of this bylaw shall comply with the provisions of this open space
subdivision section, unless the Planning Board allows a development
that deviates from the requirements of this section by special permit.
Such deviations, including conventional subdivision designs, may be
approved if the applicant demonstrates that the proposed alternative
development configuration provides protection of the site's environmental
resources and fulfills the purposes of this section as well or better
than an open space subdivision.
[Amended 4-25-2023 ATM
by Art. 23]
(4)
If the proposed open space subdivision involves a special permit(s)
for one or more common driveways, or any other use that requires a
special permit, the proceedings for all such special permits and the
site plan review for lot configuration shall occur in one consolidated
special permit proceeding before the Planning Board.
D.
Yield: allowable dwelling units.
(1)
Number of dwelling units allowed.
(a)
The base maximum number of residential units allowed in an open
space residential subdivision is calculated by a formula based upon
the net developable acreage of the parcel. This formula takes into
account site-specific development restrictions and limitations that
make some land unsuitable for development, or less suitable for development
than other land. This calculation involves two steps, calculating
the net acreage and dividing by the minimum conventional lot acreage
in the zoning district.
(b)
To determine net acreage, subtract the following from the total
(gross) acreage of the parcel:
[1]
Half of the acreage of land with slopes of 20% or greater;
[2]
The total acreage of land subject to easements or restrictions
prohibiting development, lakes, ponds, vernal pools, 100-year floodplains
as most recently delineated by FEMA, Zone I and A around public or
private water supplies, and all wetlands as defined in MGL c. 131,
§ 40, and any state or local regulations adopted thereunder;
and
[3]
Ten percent of the remaining site acreage after the areas of
Subsection (D)(1)(b)[1] and [2] are removed, to account for subdivision
roads and infrastructure.
(c)
The factors named above are included for net acreage calculation
purposes only and do not convey or imply any regulatory constraints
on development siting that are not contained in other applicable provisions
of law, including this Zoning Bylaw.
(d)
The maximum number of allowable dwelling units in an open space
subdivision on the parcel is determined by dividing the net acreage
by the required acreage for a house lot in the zoning district. Fractional
units shall be rounded down to the nearest whole number. The required
acreage for each district is:
|
District
|
Required Acreage per Unit
|
|---|---|
|
R-A
|
1
|
|
R-B
|
2
|
|
R-C
|
3
|
(2)
"An open space subdivision shall have no more residential units
than the number of units that would be allowed in a conventional subdivision
on the parcel of land that is the subject of the application, documented
by a conventional subdivision general layout as defined in the Planning
Board Rules and Regulations, submitted by the applicant."
(3)
Parcels in more than one zoning district. For parcels in more
than one district, the allowable residential unit count for each district
shall be computed separately first. These unit count totals shall
be added together and then rounded down to the nearest whole number
as above.
E.
General requirements:
(1)
Open space subdivision layout. The developed areas and protected
open space shall be placed within the parcel in a manner that best
fits the characteristics of the land and the purposes of this bylaw,
in particular the protection of clean groundwater resources and environmental
resiliency.
(2)
Housing types.
(a)
Subdivision residential dwelling units shall be single-family
structures. Duplexes may be allowed by special permit, if designed
to resemble single-family homes. Duplexes will be considered as two
residential dwelling units.
(b)
Single-family structures or duplexes will be located on individual
lots. Condominium arrangements on a shared lot, or a combination of
individual lots and shared condominium lots, may be allowed by special
permit in cases where such arrangements best serve the conservation
purposes of this bylaw on the specific parcel.
F.
Dimensional requirements: With the exception of building height, the dimensional requirements of § 240-4.2 of this bylaw do not apply to open space subdivision developments. Lot size and shape, residential unit placement, lot width, and other dimensional requirements within an open space subdivision are subject to the following guidelines and limitations:
(1)
Objectives. Residential units shall be located and arranged
in a way that advances the open space and resource conservation objectives
of this bylaw, i.e., to protect: views from roads and other publicly
accessible points; farmland; wildlife habitat; large intact forest
areas; hilltops and steep slopes; ponds, wetlands and groundwater
resources; and other sensitive environmental resources.
[Amended 4-25-2023 ATM
by Art. 23]
(2)
Monumentation. Monumentation of a type consistent with the use
of the open space, and approved by the Planning Board, shall clearly
delineate the boundaries of the protected open space in a manner that
facilitates monitoring and enforcement.
(3)
Area. There is no required minimum lot size for zoning purposes.
The limiting factors on lot size and placement for each single-family
structure or specially permitted duplex in an open space subdivision
are the need for 1) adequate water supply and sewage disposal for
each residential unit, 2) protection of the quality and quantity of
current and future groundwater resources on abutting properties, 3)
prevention of negative impacts on wetlands on or near the subdivision,
and compliance with the other provisions of this bylaw.
(4)
Infrastructure. Board of Health regulations regarding water
supply protection and the disposal of wastewater, and Conservation
Commission regulations regarding wetland protection, shall apply.
Protection of clean water resources will be a primary factor in Planning
Board decisions regarding placement of residential units and overall
subdivision design. For any proposed subdivision design, in particular
layouts that may require clustered or shared septic systems, the Planning
Board shall forward concept sketches and/or preliminary plans to the
Conservation Commission and Board of Health for comment. Clustered
or shared septic systems are likely to require setbacks greater than
standard single-family systems to prevent negative impacts on wetlands,
drinking water wells and groundwater, or environmental resiliency,
and therefore may require specific analyses to help determine such
setbacks, and subsequent monitoring to determine their effectiveness.
(5)
Frontage and vehicular access. Open space subdivision lots have
no numerical requirement for lot frontage. Any open space subdivision
lot must have functional vehicular access only to the internal subdivision
road. Vehicular access via a common driveway to an internal subdivision
road (but not to an existing road) may be approved by special permit.
Open space subdivision lots that have frontage on an existing public
road must maintain a wooded or appropriately vegetated buffer zone
between the existing road right-of-way and the subdivision buildings,
of sufficient length and depth to visually screen the buildings on
that lot and preserve the scenic quality of the road.
[Amended 5-15-2021 ATM
by Art. 14; 4-25-2023 ATM by Art.
23]
(6)
Setbacks. The minimum setback of any building from an existing public road shall be 100 feet. The minimum setback of any building from an internal open space subdivision road shall be 30 feet. The minimum setback of any building from the property line of an abutting property not part of the open space subdivision shall be 60 feet. The minimum distance between residential buildings within the open space subdivision shall be 30 feet. The minimum distance between an open space subdivision residential building and an abutter's residential building shall be 100 feet. Accessory sheds as defined in Zoning Bylaw § 240-4.1A shall be allowed, provided that they are at least 10 feet from the adjacent internal subdivision lot line, and set back from the lot lines of abutting nonsubdivision properties as specified in § 240-4.1A.
[Amended 4-25-2023 ATM
by Art. 23]
G.
Open space requirements:
(1)
Minimum area.
(a)
A minimum of 60% of the total gross acreage of the land area of the open space subdivision shall be set aside as permanently conserved open space. At least half of the open space shall be "uplands" as defined in Subsection B.
(b)
No more than 10% of the required open space may be utilized
for common water supply wells and associated infrastructure, subsurface
leaching fields and other underground components of wastewater systems,
rain gardens, constructed wetlands, and other decentralized stormwater
management systems consistent with low-impact development, that serve
the open space subdivision, provided that the land so utilized is
contiguous with undisturbed area(s) of protected open space. Treated
stormwater may be discharged into the protected open space as part
of an approved low-impact stormwater management plan. All protected
land must be shown on approved plans.
[Amended 4-25-2023 ATM
by Art. 23]
(2)
Contiguity of open space. Preserved open space shall be contiguous
to the greatest extent practicable. Noncontiguous areas of open space
may be allowed if they are shown to provide better protection of areas
of high conservation value or to provide continuity with open space
on adjacent lands. In such cases, applicants shall attempt to connect
these resource areas to the greatest extent practicable through the
use of vegetated corridors. Open space will still be considered contiguous
if it is crossed by a shared driveway, roadway, or an accessory amenity
such as a paved pathway or trail, as long as a functional wildlife
corridor is maintained. If the open space is maintained for agricultural
uses, open space areas will be considered contiguous if separated
by a barn or storage shed.
(3)
Permanent conservation of the required open space.
[Amended 4-25-2023 ATM
by Art. 23]
(a)
Any land required to be set aside as open space, voluntarily
preserved in excess of that required, or conserved as a condition
of site plan approval, shall be permanently protected pursuant to
Article 97 of the Articles of Amendment to the Constitution of the
Commonwealth of Massachusetts or a perpetual restriction under MGL
c. 184, §§ 31 to 33. Unless conveyed to the Conservation
Commission, the required open space shall be subject to a permanent
conservation, watershed, or agricultural preservation restriction
conforming to the standards of the Massachusetts Executive Office
of Environmental Affairs, Division of Conservation Services, or Department
of Agricultural Resources in accordance with MGL c. 184, §§ 31
to 33, approved by the Planning Board and Select Board and held by
the Town of Sherborn, the Commonwealth of Massachusetts, or a nonprofit
conservation organization qualified to hold conservation restrictions
under MGL c. 184, §§ 31 to 33. Any proposed open space
that does not qualify for inclusion in a conservation restriction,
watershed, or agricultural preservation restriction or that is rejected
from inclusion in these programs by the Commonwealth of Massachusetts
shall be subject to a restrictive covenant in perpetuity under MGL
c. 184, §§ 26 to 30, which shall be approved by the
Planning Board and Select Board and held by or for the benefit of
the Town of Sherborn.
(b)
The restriction shall specify the prohibited and permitted uses
of the restricted land, which would otherwise constitute impermissible
development or use of the open space, consistent with the allowable
and prohibited uses subsections of this section and any permits. The
restriction may permit, but the Planning Board may not require, public
access or access by residents of the development to the protected
land.
(4)
Timing. Any restriction or other legal document necessary to
permanently conserve open space as required herein shall be recorded
prior to the release of any lots in a subdivision or prior to the
issuance of any building permits.
(5)
Allowable use of the open space. Such land shall be perpetually
kept in an open state, preserved exclusively for the purposes set
forth herein and in the deed and/or in the restriction, and maintained
in a manner which will ensure its suitability for its intended purposes.
Proposed use(s) of the open space consistent with this section shall
be specified in the application.
(a)
The open space shall be used for wildlife habitat and conservation
and/or the following additional purposes or a combination of these
uses to the extent allowed by Massachusetts General Laws, and shall
be served by suitable access for such purposes: historic preservation,
outdoor education, forestry and passive recreation. Agriculture or
horticulture shall be allowed if the land was in such use at the time
of approval of the definitive plan. A portion of the open space may
be used for new agriculture, horticulture or community gardens, provided
that only organic methods are employed.
(b)
The Planning Board may permit a small portion of the open space,
not to exceed 5%, to be paved or built upon (using permeable pavement
and other means of retaining natural hydrology) for purposes accessory
to the dedicated use or uses of such open space, so long as the conservation
values of the open space are not compromised. Examples of such purposes
are parking to facilitate public access for passive recreation, informational
kiosks, pedestrian walks, ADA access features, and bike paths. Construction
of barns or other farm structures will be allowed on 5% of the protected
open space that is in agricultural or horticultural use as defined
by MGL c. 128, § 1A.
(c)
The open space may be used as the land subject to a restriction
for the purpose of an aggregate calculation under Title 5, 310 CMR
15.000 of the State Environmental Code, MGL c. 21A.
(6)
Prohibited use of the open space. The open space within an open space subdivision shall be perpetually kept in an open state, preserved exclusively for the purposes set forth in Subsection G(5) of this bylaw, and maintained in a manner that will ensure its suitability for its intended purposes. Expressly prohibited uses, if not specifically permitted as an allowable use, include but are not limited to the following:
(a)
Constructing or placing of any temporary or permanent building,
tennis court, landing strip, mobile home, swimming pool, asphalt or
concrete pavement, sign, billboard or other advertising display, antenna,
utility pole, tower, conduit, line or other temporary or permanent
structure or facility on, above, or under the open space that is not
in conformance with an authorized use of the open space (e.g., fencing,
barn or other structure associated with agriculture);
[Amended 4-25-2023 ATM
by Art. 23]
(b)
Mining, excavating, dredging, or removing soil, loam, peat,
rock, gravel or other mineral resource or natural deposit, unless
necessary to install infrastructure that is part of the approved plan;
(c)
Placing, filling, storing, or dumping of soil, refuse, trash,
vehicles or parts thereof, rubbish, debris, junk, waste, or other
substance or material whatsoever or the installation of underground
storage tanks;
(d)
Cutting, removing, or destroying of trees, grasses or other
vegetation unless in conformance with an allowed use such as agriculture,
forestry, recreation, maintenance of healthy natural ecosystems and
suppression of invasive species, or installation of infrastructure
that is part of the approved plan;
(e)
Subdivision; neither further division of the protected open
space into lots or the use of the protected open space toward any
further building requirements on this or any other lot is permitted;
(f)
Activities detrimental to drainage, flood control, water conservation,
water quality, erosion, soil conservation, or archeological conservation;
(g)
Purposefully introducing or allowing the introduction of species
of plants and animals recognized by the Executive Office of Energy
and Environmental Affairs to pose a substantial risk of being invasive
or otherwise detrimental to the native plant and animal species and
plant communities on the property;
(h)
The use, parking or storage of motorized vehicles, including
all-terrain vehicles (ATVs), snowmobiles, motorcycles, and campers,
except in conformance with an authorized use of the open space, ADA
accessibility, or as required by the police, firefighters, or other
governmental agents in carrying out their duties; and
(i)
Any other use or activity which would materially impair conservation
interests unless necessary in an emergency for the protection of those
interests.
H.
Ownership of the open space:
(1)
At the applicant's discretion and the grantee's acceptance,
the open space may be owned in fee by:
(a)
A private owner for agricultural, horticultural, forestry or
any other purpose not inconsistent with the conservation or agricultural
restriction;
(b)
A nonprofit organization or agency of the commonwealth, with
their consent, whose principal purpose is the conservation of open
space for any of the purposes set forth herein;
[Amended 4-25-2023 ATM
by Art. 23]
(c)
The Town of Sherborn, with the consent of the Select Board,
under management of the Town Forest or Conservation Commission, with
their consent; or
(d)
A homeowners' association (HOA) as defined herein, owned jointly
or in common by the owners of lots or units within the open space
subdivision.
[Amended 4-25-2023 ATM
by Art. 23]
(2)
If ownership option H(1)(d) is selected the following shall
apply:
(a)
The documents organizing the HOA shall be drafted by the applicant
and approved by the Planning Board before final approval of the open
space subdivision development, recorded prior to the issuance of building
permits, comply with all applicable provisions of state law, and pass
with conveyance of the lots or units in perpetuity. Each individual
deed, and the deed, trust, or articles of incorporation, shall include
language designed to effect these provisions.
(b)
Membership must be mandatory for each property owner, who must
be required by recorded covenants and restrictions to pay fees to
the HOA for taxes, insurance, and maintenance of common open space,
private roads, and other common facilities.
(c)
The HOA must be responsible in perpetuity for liability insurance,
property taxes, the maintenance of recreational and other facilities,
preservation of the open space in accordance with this bylaw, private
roads, and any common driveways.
(d)
Property owners must pay their pro rata share of the costs in Subsection H(2)(c) above, and the assessment levied by the HOA must be able to become a lien upon individual properties within the open space subdivision.
(e)
The HOA must be able to adjust the assessment to meet changed
needs.
(f)
The applicant shall make a conditional grant to the Town of
Sherborn, Sherborn Conservation Commission, binding upon the HOA,
of the fee interest to all open space to be conveyed to the HOA. Such
offer may be accepted by the Conservation Commission, at the discretion
of the Select Board, upon the failure of the HOA to take title to
the open space from the applicant or other current owner, upon dissolution
of the HOA at any future time, or upon failure of the HOA to fulfill
its maintenance obligations hereunder or to pay its real property
taxes on the open space.
(g)
Ownership shall be structured in such a manner that real property
taxing authorities may satisfy property tax claims against the open
space lands by proceeding against individual property owners in the
HOA and the dwelling units they each own.
(3)
Selection of ownership option H(1)(a), (b) or (d) requires:
(a)
The conveyance of a conservation restriction as outlined herein;
and
(b)
The granting of an access easement over such land sufficient
to ensure access for Sherborn Town officials to ensure its perpetual
integrity and maintenance as agricultural, conservation, or recreation
land. Such easement shall provide that in the event the owner fails
to maintain the open space in reasonable condition, Town officials
may, after notice to the lot owners and any grantee of a restriction,
and after Select Board public hearing, enter upon such land to maintain
it in order to prevent or abate a nuisance.
I.
Maintenance:
(1)
Maintenance standards. The Planning Board shall require the
establishment of ongoing maintenance standards as a condition of development
approval to ensure that utilities are properly maintained and the
open space land is not encroached upon, or used for storage or dumping
of refuse, junk, or other offensive or hazardous materials. Such standards
shall be enforceable by the Town against any owner of open space land,
including an HOA.
(2)
Enforcement of maintenance standards.
(a)
If the Select Board finds that the maintenance provisions are
being violated to the extent that the condition of the utilities or
the open land constitutes a public nuisance, it may, upon 30 days'
written notice to the owner/grantee, enter the premises for necessary
maintenance, and the cost of such maintenance by the Town shall be
assessed proportionally against the landowner or, in the case of an
HOA, the owners of properties within the subdivision, and shall, if
unpaid, become a property tax lien on such property or properties.
[Amended 4-25-2023 ATM
by Art. 23]
(b)
Pursuant to MGL c. 40, § 58, Sherborn may file a lien
against the subdivision lot or lots to ensure payment for such maintenance.
Pursuant to MGL c. 40, § 57, Sherborn may also deny any
application for, or revoke or suspend a building permit or any local
license or permit, due to neglect or refusal by any property owner
to pay any maintenance assessments levied.
J.
Submission requirements: In order to enable the Planning Board to
determine whether or not a proposed open space subdivision design
(or alternative subdivision development requiring a special permit
that deviates from the requirements for open space design) satisfies
the purposes and standards of this open space subdivision section
of the Zoning Bylaw and the Subdivision Rules and Regulations of the
Planning Board, an applicant must present sufficient information on
the environmental and open space resources for the Board to make such
a determination.
A.
Purpose. The purpose of this section is to provide by special permit
for an alternative to traditional business development that enhances
the rural, village atmosphere of the Town Center or otherwise provides
increased public benefits by permitting greater flexibility in site
design and mix of uses than is otherwise allowed in this bylaw. The
intent of this zoning provision is to:
(1)
Provide for greater integration of land uses within the Town
Center;
(2)
Preserve historic buildings by providing economically viable
uses for them;
(3)
Relieve congestion by providing linked access and parking;
(4)
Perpetuate and enhance the appearance of Sherborn's traditional
small town New England center; and
(5)
Promote better building location and overall site planning than
may be possible under traditional zoning, while retaining standard
setbacks from other properties not part of the planned unit development.
B.
Special permit for planned unit development. Persons seeking to develop property as a planned unit development may apply for a special permit under this § 240-4.6 in accordance with MGL c. 40A, § 9. Applicants are strongly encouraged to meet with the Planning Board and other Town boards informally prior to submitting an application for special permit.
C.
Minimum requirements.
(1)
No property shall be the subject of an application for a special
permit under this section unless at least 25% of such property is
within the Business G or Business P Districts and unless such property
is at least 60,000 square feet in total area and has frontage within
a Business G or Business P District.
(2)
The Planning Board may, by issuing a special permit, vary the otherwise applicable dimensional requirements of § 240-4.2, other than provisions as to height and maximum lot coverage, provided that a special permit may not issue for a proposed planned unit development unless the applicant shows:
(a)
A front yard setback of at least 20 feet, or if less, no less
than that of a preexisting nonconforming building on the lot;
[Amended 4-25-2023 ATM
by Art. 23]
(b)
Side and rear setbacks of at least 30 feet from any lot not
part of the PUD and located in a residence district;
(c)
Pedestrian linkage(s) to abutting properties that is (are) well-defined
and of a design and quality that will encourage significant use;
[Amended 4-25-2023 ATM
by Art. 23]
(d)
Vehicular linkage with abutting business parcels;
(e)
Significant public amenities on- or off-site which may include,
but are not limited to, the following: landscaped open area with walkways,
benches, fountains, monuments, and/or other features; bike racks and/or
separate bicycle access; hitching posts and/or separate horse access;
drinking fountains; awnings, or pavilions; or other suitable amenity;
and
[Amended 4-25-2023 ATM
by Art. 23]
(f)
Building designs that are complementary in scale and style to
those of abutting properties and that are, in general, appropriate
for a small New England village.
(3)
Notwithstanding anything in § 240-3.2, Schedule of Use Regulations, to the contrary, a planned unit development may include anywhere within its boundaries any mix of uses currently allowed or permitted in the Business G or Business P Districts except:
[Amended 4-25-2023 ATM
by Art. 23]
(a)
Such mix may not include, by building square footage, more than
50% retail uses;
(b)
Service stations shall be prohibited;
(c)
No individual retail outlet may exceed 2,500 square feet of
gross interior floor area, which area shall not include mechanical,
storage or kitchen space; and
(d)
Each retail area shall have direct access to a sidewalk, plaza,
common or similar outdoor pedestrian connection to the other retail
spaces on the site.
D.
Planning Board as special permit granting authority. The Planning Board shall be the special permit granting authority for special permits authorized in this section, and shall hear and decide all properly submitted applications in compliance with the time limitations and other procedural requirements specified in Chapter 40A of the General Laws, this Zoning Bylaw (including without limitation § 240-6.2) and the Rules and Regulations of the Planning Board.
E.
Contents of application.
(1)
An application for a special permit under § 240-4.6 shall consist of:
(a)
A locus plan clearly showing the location of the proposed PUD
with respect to all surrounding properties and streets, and containing
thereon the location of all lot lines, structures and driveways within
500 feet of the land that is the subject of the application.
[Amended 4-25-2023 ATM
by Art. 23]
(b)
A site plan for a planned unit development prepared in accordance with the requirements of § 240-5.3A(2)(c) and including but not limited to:
[1]
The boundaries of the property to be included within the planned
unit development;
[2]
Building envelopes for all proposed principal and accessory
structures, and a statement of the intended height and bulk of each
proposed structure, and the square footage proposed for each use;
[3]
Proposed setbacks from all lot lines;
[4]
The location of existing and proposed driveways, parking spaces,
bicycle paths, sidewalks and walkways;
[5]
Topography, both existing and proposed, at two-foot intervals;
[Amended 4-25-2023 ATM
by Art. 23]
[6]
The location and results of all deep hole and percolation tests,
and/or other evidence of satisfying waste disposal requirements;
[7]
The location of all proposed wells and components of proposed
subsurface disposal systems, and existing wells and components of
subsurface disposal systems on or within 150 feet of the subject parcel;
[8]
The location of all components of any proposed fire protection
system (e.g., storage tanks, dry hydrants, emergency access easements);
[9]
The location (both existing and proposed to be retained) of
wooded areas, wetland and buffer zone areas, stone walls, easements
proposed or of record, trails or paths, and the location of any trees
over 12 inches in diameter proposed for removal;
[10]
The location of any existing or proposed landscaping
or other public amenities proposed to be provided as part of the planned
unit development; and
[11]
Proposed pedestrian and vehicular linkages with
abutting properties, including any necessary easements or other agreements
with abutting property owners that may be necessary to make the linkages
possible.
[Amended 4-25-2023 ATM
by Art. 23]
(c)
A brief written statement comparing the effect of the proposed
planned unit development to the conventional development that could
be built on the parcel, in terms of expected impact on tax base; Town
services; traffic; wetlands; groundwater; views from public ways and
lands; historic structures; recreational, wildlife, agricultural and
forestry uses of land, and other relevant and applicable subjects.
(d)
Such other information and materials as the Planning Board may,
in its discretion, require by regulation.
F.
Filing of application.
(1)
Seven copies of applications for special permit under this section
shall be prepared and filed with the Town Clerk as follows:
(a)
One copy for the records of the Town Clerk as required under
MGL c. 40A, § 9;
(b)
Three copies for the Town Clerk as the filing agent for the
Planning Board;
(c)
One copy for the Town Clerk as the filing agent for the Board
of Appeals;
(d)
One copy for the Town Clerk as the filing agent for the Board
of Health; and
(e)
One copy for the Town Clerk as the filing agent for the Conservation
Commission.
(2)
Immediately upon receipt of an application under this section
and the filing fee associated therewith, the Town Clerk shall transmit
three copies to the Planning Board, and for their review and comment,
one copy to the Board of Appeals, one copy to the Board of Health,
and one copy to the Conservation Commission.
G.
Relationship to § 240-5.3A(2), Special permits for site changes in the business district. Planning Board approval of a special permit hereunder shall be combined with site plan review under § 240-5.3A(2). In reviewing any proposed planned unit development, the Planning Board and the review boards shall consider the criteria listed in § 240-5.3A(2)(d) as well as the standards and minimum requirements contained herein.
[Amended 4-25-2023 ATM
by Art. 23]
H.
Standard for issuance of special permit. A special permit under this section shall be approved only if the requirements of § 240-6.1 and § 240-7.2C(3) of this bylaw are met and if the Planning Board further determines that:
(1)
The proposed planned unit development meets all the requirements
of this section;
(2)
The proposed planned unit development is sufficiently advantageous
to render it appropriate to grant special permission to depart from
the normal requirements of the district; and
(3)
The creation of the development according to the plan will not
result in a detrimental impact to the neighborhood or the Town, and
such development is designed with due consideration for health and
safety factors.
I.
Conditions.
(1)
Any special permit hereunder shall include as a condition the
requirement that there be no further subdivision of the portion of
the lot subject to the planned unit development;
(2)
A special permit issued under this section shall incorporate
such additional conditions as are appropriate to further the purposes
of this bylaw; and
(3)
It shall be a condition to the exercise and validity of any
special permit under this section that an as-built plan certifying
conformance to the approved site plan be submitted to the Planning
Board and Building Department within 30 days after completion of the
authorized site changes.
A.
Purposes.
[Amended 4-25-2023 ATM
by Art. 23]
(1)
To provide for the establishment of registered marijuana treatment
centers in appropriate places and under strict conditions in accordance
with Chapter 369 of the Acts of 2012, and as further regulated under
935 CMR 501.00.
(2)
To minimize the adverse impacts of registered marijuana treatment
centers on adjacent properties, residential neighborhoods, schools,
local historic districts, and other land uses potentially incompatible
with said RMDs.
(3)
To regulate the siting, design, placement, security, safety,
monitoring, modification, and removal of RMDs.
B.
Applicability.
(1)
The commercial cultivation, production, processing, assembly, packaging, retail or wholesale sale trade, distribution or dispensing of marijuana for medical use is prohibited unless permitted as an RMD under this § 240-4.7.
[Amended 4-25-2023 ATM
by Art. 23]
(3)
Nothing in this section shall be construed to supersede federal
and state laws governing the sale and distribution of narcotic drugs.
[Amended 4-25-2023 ATM
by Art. 23]
(4)
If any provision of this section or the application of any such
provision to any person or circumstance shall be invalid, the reminder
of this section, to the extent it can be given effect, or the application
of those provisions to persons or circumstances other than those to
which it is held invalid, shall not be affected thereby, and to this
end the provision of this section are severable.
C.
MARIJUANA
MARIJUANA FOR MEDICAL USE
REGISTERED MARIJUANA TREATMENT CENTER
Definitions.
The same substance defined as "marihuana" under Chapter 94C
of the Massachusetts General Laws.
Marijuana that is designated and restricted for use by, and
for the benefit of, qualifying patients in the treatment of debilitating
medical conditions as set forth in Chapter 369 and 935 CMR 501.00.
[Amended 4-25-2023 ATM
by Art. 23]
Shall mean a not-for-profit entity registered under 935 CMR
501.030, to be known as a "registered marijuana treatment center,"
that acquires, cultivates, possesses, processes (including development
of related products such as edible marijuana infused products, tinctures,
aerosols, oils, or ointments), transfers, transports, sells, distributes,
dispenses, or administers marijuana, products containing marijuana,
related supplies, or educational materials to registered qualifying
patients or their personal caregivers. Unless otherwise specified,
"registered marijuana treatment center" refers to the site(s) of dispensing,
cultivation, and preparation of marijuana.
[Amended 4-25-2023 ATM
by Art. 23]
D.
Eligible locations for RMDs. RMDs may be allowed by special permit in the Business General District only provided the facility meets the requirements of this § 240-4.7.
[Amended 4-25-2023 ATM
by Art. 23]
E.
General requirements and conditions for all RMDs.
[Amended 4-25-2023 ATM
by Art. 23]
(1)
All RMDs shall be contained within a building or structure unless
exempted under MGL c. 40A, § 3.
(2)
No RMD shall be located within 500 feet of the property line
of any school, playground or athletic fields.
(3)
Size standards:
(a)
A standalone dispensary shall not exceed 1,500 sq. ft. for product
display, client dispensary, and patient consultation area.
(b)
A standalone cultivation facility shall not exceed 3,000 sq.
ft.
(c)
A facility to manufacture/process marijuana infused products
shall not exceed 3,000 sq. ft.
(d)
Any combination of the above three facilities shall not exceed
7,500 sq. ft.
(e)
The RMD shall be of adequate interior space to accommodate all
activities inside the building so as not to have outside patient queuing
on sidewalks, in parking areas, or in other areas outside the RMD.
(4)
An RMD shall not be located in buildings that contain any medical
doctors' offices or the offices of any other professional practitioner
authorized to prescribe the use of medical marijuana.
(5)
The hours of operation of an RMD shall be set by the special
permit granting authority, but in no event shall an RMD be open and/or
operating between the hours of 8:00 p.m. and 8:00 a.m.
(6)
No smoking, burning or consumption of any product containing
marijuana or marijuana-related products shall be permitted on the
premises of an RMD.
(7)
No RMD shall be located inside a building containing residential
units. All RMDs shall be contained within a permanent building or
structure. No RMD shall be located inside a movable or mobile structure
such as a van, trailer, cargo container or truck.
(8)
Signage for the RMD shall include the following language: "Registration
card issued by the MA Department of Public Health required." The required
text shall be a minimum of two inches in height.
(9)
RMD shall provide the Sherborn Police Department, Building Inspector
and the special permit granting authority with the names, phone numbers
and email addresses of all management staff and key holders to whom
one can provide notice if there are operating problems associated
with the establishment.
F.
Special permit requirements.
(1)
An RMD shall only be allowed by special permit from the Sherborn
Planning Board in accordance with MGL c. 40A, § 9, subject
to the following statements, regulations, requirements, conditions
and limitations.
[Amended 4-25-2023 ATM
by Art. 23]
(2)
A special permit for an RMD shall be limited to one or more
of the following uses that shall be prescribed by the special permit
granting authority:
[Amended 4-25-2023 ATM
by Art. 23]
(a)
Cultivation of marijuana for medical use (horticulture) except
that sites protected under MGL c. 40A, § 3, shall not require
a special permit;
(b)
Processing and packaging of marijuana for medical use, including
marijuana that is in the form of smoking materials, food products,
oils, aerosols, ointments, tinctures and other products;
(c)
Retail sale or distribution of marijuana for medical use to
registered qualifying patients.
(3)
In addition to the application requirements set forth in Subsection E of this section, a special permit application for an RMD shall include the following:
[Amended 4-25-2023 ATM
by Art. 23]
(a)
The name and address of each owner of the facility;
(b)
Copies of all required licenses and permits issued to the applicant
by the Commonwealth of Massachusetts and any of its agencies for the
facility;
(c)
Evidence of the applicant's right to use the site for the RMD,
such as a deed, or lease;
(d)
A statement under oath disclosing all of the applicant's owners,
shareholders, partners, members, managers, directors, officers, or
other similarly-situated individuals and entities and their addresses.
If any of the above are entities rather than persons, the applicant
must disclose the identity of the owners of such entities until the
disclosure contains the names of individuals;
(e)
A certified list all parties in interest entitled to notice
of the hearing for the special permit application, taken from the
most recent tax list of the town and certified by the Town Assessor;
(f)
Proposed security measures for the RMD, including lighting,
fencing, gates and alarms, etc., to ensure the safety of persons and
to protect the premises from theft;
(g)
A site plan showing the boundaries and topography of the parcel;
the wetlands, ponds, streams, or waterways within or adjacent to the
land; the proposed location, bulk, types, architectural character
and floor plans for all buildings or structures; the proposed locations,
design and dimensions of all streets, walks, parking and other paved
areas; the proposed grading plan, drainage plan, and location of major
utilities, wells and septic systems; and the proposed open space;
(h)
A floor plan showing the total floor area and a site plan showing
compliance with state requirements for facilities and areas within
an RMD building, a landscaping plan that complies with state requirements
that there are no trees, bushes or other foliage outside of the RMD
that could allow for a person or persons to conceal themselves from
sight.
(4)
Mandatory findings. The special permit authority shall not issue
a special permit for an RMD unless it finds that:
[Amended 4-25-2023 ATM
by Art. 23]
(a)
The RMD is designated to minimize any adverse visual or economic
impacts on abutters and other parties in interest, as defined in MGL
c. 40A, § 11;
(b)
The RMD demonstrates that it will meet all the permitting requirements
of all applicable agencies within the Commonwealth of Massachusetts
and will be in compliance with all applicable state laws and regulations;
and
(5)
Annual reporting. Each RMD permitted under this bylaw shall
as a condition of its special permit file an annual report with the
special permit granting authority, Police Chief and the Building Inspector
no later than January 31, providing a copy of all current applicable
state licenses for the RMD and/or its owners and demonstrate continued
compliance with the conditions of the special permit.
(6)
A special permit granted under this section shall have a term limited to the duration of the applicant's ownership of the premises as an RMD. A special permit may be transferred only with the approval of the special permit granting authority in the form of an amendment to the special permit with all information required in this § 240-4.7.
[Amended 4-25-2023 ATM
by Art. 23]
(7)
The Board shall require the applicant to post a bond at the time of construction to cover costs for the removal of the RMD in the event the Town must remove the facility. The value of the bond shall be based upon the ability to completely remove all the items noted in Subsection G(2) and properly clean the facility at prevailing wages. The value of the bond shall be developed based upon the applicant providing the Planning Board with three written bids to meet the noted requirements. An incentive factor of 1.5 shall be applied to all bonds to ensure compliance and adequate funds for the town to remove the facility at prevailing wages.
G.
Abandonment or discontinuance of use.
(1)
A special permit shall lapse if not exercised within one year,
which shall not include such time required to pursue or await the
determination of an appeal referred to in MGL c. 40A, § 17,
from the grant thereof if a substantial use has not sooner commenced
except for good cause or, in the case of a permit for construction,
if construction has not begun by such date except for good cause.
H.
An RMD shall be subject to the site plan review requirements of § 5.3.
[Amended 4-25-2023 ATM
by Art. 23]
I.
Hardship cultivation. Hardship cultivation by qualifying patients
registered with the Department of Public Health pursuant to 935 CMR
501.027 shall be in accordance with 935 CMR 501.105, including the
requirement that cultivation and storage of marijuana shall be in
an enclosed, locked area accessible only to the registered qualifying
patient or his or her personal caregiver(s), subject to 935 CMR 501.840.
Marijuana shall not be visible from the street or other public areas.
[Amended 4-25-2023 ATM
by Art. 23]
Consistent with MGL Chapter 94G, Section 3(a)(2), all types
of marijuana establishments as defined in MGL Chapter 94G, Section
1, to include all marijuana cultivators, marijuana testing facilities,
marijuana product manufacturers, marijuana retailers or any other
types of licensed marijuana-related businesses, shall be prohibited
in the Town of Sherborn. This section shall be effective upon passage
by the voters at a Town election.
[Amended 4-23-2024 ATM
by Art. 14]
A.
Purpose and intent.
(1)
Affordable housing produced through this section should comply
with the requirements set forth in MGL c. 40B, §§ 20
to 23, and related regulations, guidelines issued by Massachusetts
Executive Office of Housing and Livable Communities (EOHLC), and other
affordable housing programs developed by the Commonwealth of Massachusetts
and/or the Town of Sherborn. EOHLC each year provides formulations
to define "eligible households," "affordable housing," "subsidized
housing inventory (SHI)" and similar terms used throughout this section.
(2)
The purpose of this affordable housing section is to create
housing opportunities in Sherborn for people of varying ages and income
levels; to increase the supply of affordable housing for eligible
households with low and moderate incomes; to promote a mix and geographic
distribution of affordable housing throughout the Town; to provide
housing options for people who work in Sherborn; and to create housing
units eligible for listing in the subsidized housing inventory.
B.
Applicability.
(1)
This section shall apply to the following uses:
(a)
Any development of six or more dwelling units. Developments on properties that are contiguous and under common site control shall be considered a single development for purposes of this § 240-4.9. Common site control may be established by showing that the same or a related person or entity holds title, ground lease, option, or contract for purchase with respect to such properties.
(2)
This section shall not apply to the construction of single-family
dwellings on individual lots if said lots were in existence prior
to the effective date of this section.
C.
Mandatory provision of affordable housing units.
(1)
Except as otherwise provided for in Subsection D(3), in any development subject to this section, 10% of the dwelling units in such development shall be affordable housing units.
(2)
A fractional affordable housing unit of 0.5 or higher shall be rounded up to the next whole number. Fractional housing units of less than 0.5 shall require a cash payment to the Sherborn Affordable Housing Trust as specified in Subsection D(3). The applicant may choose to have the fractional housing unit of less than 0.5 rounded up to the next whole number, rather than converted to a cash payment.
(3)
Any affordable housing unit shall have a deed rider to regulate
the future resale of the property.
D.
Methods of providing affordable housing units. The Planning Board
in consultation with the Sherborn Affordable Housing Board of Trustees,
if in existence, may authorize one or more of the following methods
for providing affordable housing units, alone or in combination.
(1)
On-site units. Construction of affordable housing units within
the development shall be permitted by right. The following conditions
shall apply:
(a)
On-site affordable housing units shall be in accordance with
the requirements of the Local Initiative Program (LIP), a state housing
initiative administered by the EOHLC to encourage communities to produce
affordable housing for low- and moderate-income households.
(b)
On-site affordable housing units shall be as conveniently located
to the development's common amenities as the market rate units.
(2)
Off-site units. Creation of affordable housing units on a lot
or parcel that is not included in the subject development may be approved
by the Planning Board. The following conditions shall apply:
(a)
An off-site affordable housing unit may be constructed by the
applicant or be an existing dwelling unit that is rehabilitated or
repurposed by the applicant.
(b)
Off-site affordable housing units need not be located in the
same zoning district as the development. The required number of off-site
affordable housing units may be created at one or multiple locations,
and may consist of a combination of newly constructed and existing
dwelling units, either rehabilitated or repurposed.
(c)
The location or locations of the off-site affordable housing
units shall be subject to approval by the Planning Board. Off-site
affordable housing units may be constructed as (if new) or converted
to (if existing) a duplex or multifamily building offering two or
more dwelling units. If in an area of single-family homes, the final
result must be that the premises (including primary building, accessory
structures, driveway, etc.) have the appearance of a single-family
home as determined by the Planning Board. Exterior renovations/improvements
shall reflect the character of the surrounding neighborhood.
(d)
The applicant shall provide a demonstration of site control,
documenting that the applicant or a related entity holds title, ground
lease, option, or contract for purchase.
(e)
The applicant shall demonstrate that the land is developable
and suitable for the number of affordable housing units required in
conformance with this Zoning Bylaw and any other relevant state and
local regulations governing the property.
(f)
The applicant shall provide a demonstration of the necessary
financing to complete the off-site development or rehabilitation.
(g)
The applicant shall provide an architect's conceptual site plan with unit designs and architectural elevations, and a demonstration that the site plan can meet the site plan review standards set forth in § 240-5.3 of this Zoning Bylaw.
(h)
The Planning Board may require that the applicant submit appraisals
of the off-site property in question, as well as other data relevant
to the determination of equivalent value.
(i)
Off-site affordable housing units shall not be approved by the
Planning Board unless it can be documented that the units will be
approved by EOHLC to be added to the Town's Subsidized Housing Inventory
(SHI).
(j)
The EOHLC LIP (Local Initiative Program) Design and Construction
Standards as may be amended shall apply.
(3)
Payment in lieu of affordable housing units.
(a)
Such payments shall be made to the Sherborn Affordable Housing
Trust if in existence.
(b)
The payment shall be according to the following formula:
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N x (M - A) = Required payment in lieu
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|
Where:
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N
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=
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the number of required affordable housing units calculated pursuant to § 240-4.9C
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|
M
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=
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the median sales price for market rate housing units during
the 24 months prior to the submission date of the project application.
The value of M is determined by the Sherborn Board of Assessors
|
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A
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=
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the EOHLC-determined selling price of an affordable unit for
the housing type in the proposed development
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|
Example: Project size is 15 housing units. Based on 10% affordable
units, 1.5 affordable housing units are required, and must be rounded
up to 2. Where M=$850,000 and A = $250,000, then 2 x ($600,000) =
$1,200,000 payment in lieu of providing affordable housing units.
The applicant may decide to build 2 affordable housing units instead
of making a payment or build 1 affordable housing unit and make a
payment of $600,000.
|
E.
Location and comparability of affordable housing units.
(1)
The permit application for the proposed development shall include
a plan showing the proposed locations of the affordable housing units.
(2)
Newly constructed on- and off-site affordable housing units
shall:
(a)
Comply at a minimum with the EOHLC LIP Design and Construction
Guidance as it may be amended, including the requirement that affordable
housing units, except for size, shall be indistinguishable from market-rate
units as viewed from the exterior.
(b)
Be equivalent to the market-rate units in terms of design, quality
of construction and workmanship, mechanical, plumbing, heating and
cooling systems, roofing, insulation, windows and energy efficiency.
(c)
Include a garage(s) and/or parking space if the market-rate
units include a garage(s) and/or parking space.
(d)
Contain good quality and highly durable interior finishes, flooring,
lighting and plumbing fixtures, and appliances that are consistent
with contemporary standards for new housing and installed with equivalent
workmanship to the market rate units.
(e)
Provide product and system warrantees equivalent to those supplied
for market rate units.
(4)
Newly constructed affordable housing units shall contain at
least the minimum amount of interior living space, excluding basement
space, as specified in the EOHLC LIP Design and Construction Guidance.
(5)
In the case of existing off-site dwelling units purchased and
resold or rented as affordable housing units with an appropriate deed
restriction, the Planning Board may make reasonable exceptions for
the size and number of bedrooms.
(6)
The owners and tenants of market-rate and on-site affordable
housing units shall have the same rights and privileges to use any
common amenities within the development.
(7)
The Building Commissioner may inspect the premises to ensure
that the developer has complied with these requirements and if necessary,
require reasonable changes to achieve compliance.
F.
Affordable purchase and rental prices.
(1)
The initial affordable purchase price shall comply with the
EOHLC LIP Guidelines in effect when the regulatory agreement is filed
with EOHLC. The regulatory agreement is a comprehensive agreement
among the Town, developer and EOHLC which defines the responsibility
for monitoring and enforcing the affordable unit in perpetuity. It
determines the calculations used to determine an affordable purchase
price that is consistent with the terms, rates, fees, down payments,
and other requirements of first-time homebuyer mortgage products available
from lending institutions licensed by the Commonwealth of Massachusetts
in accordance with the requirements of EOHLC.
(2)
In a rental project, the initial affordable rent shall comply
with applicable EOHLC requirements and LIP Guidelines.
G.
Applicant responsibilities.
(1)
Marketing plan for affordable housing units. The applicant shall
select qualified purchasers and renters via lottery under an affirmative
fair housing marketing plan prepared and submitted by the Applicant
and approved by the Planning Board in consultation with the Sherborn
Affordable Housing Trust. The marketing plan shall comply with LIP
Guidelines in effect on the date of filing the regulatory agreement
with EOHLC.
(2)
Regulatory agreement. For both ownership and rental projects,
the applicant shall prepare the regulatory agreement in consultation
with and for approval by the Town of Sherborn and EOHLC. Said regulatory
agreement will be executed by EOHLC, the Town of Sherborn, and the
applicant. The applicant shall record the regulatory agreement with
the Middlesex County Registry of Deeds or Registry District of the
Land Court.
(3)
Deed restriction. The applicant shall prepare a deed rider for
each affordable housing unit that is consistent with that used in
the LIP and the regulatory agreement to be recorded with the Middlesex
County Registry of Deeds or Registry District of the Land Court.
H.
Timing of construction of affordable housing units.
(1)
On-site affordable housing units shall be constructed in accordance
with table below. Proportionality shall be determined by the number
of building permits issued for affordable and market-rate units. In
accordance with the table, affordable housing units shall not be the
last units to be built in any development that is subject to this
section.
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Schedule for Completion of Affordable Housing Units
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|---|---|
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Percent Market-Rate Units
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Percent Affordable Units
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Up to 30%
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None required
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30% plus 1 unit
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At least 10%
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Up to 50%
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At least 30%
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Up to 75%
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At least 50%
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75% plus 1 unit
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At least 70%
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|
Up to 90%
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100%
|
(2)
Construction or rehabilitation of off-site affordable housing
units shall follow the same schedule as for on-site units in the Schedule
for Completion of Affordable Housing Units table.
(3)
In the case of payments in lieu of affordable housing units,
the following methods of payment may be used at the option of the
applicant:
(a)
The total amount due shall be paid upon the release of any lots
or, in the case of a development other than a subdivision, upon the
issuance of the first building permit; or
(b)
The total amount due shall be divided by the total number of
market rate units in the development. The resulting quotient shall
be payable at, or prior to, the closing of each market rate unit;
or
(c)
A combination of the above methods if approved by the Planning
Board.
I.
Preservation of affordability.
(1)
Homeownership and rental affordable housing units provided under
this section shall be subject to the requirements of guidelines issued
by EOHLC and an EOHLC-approved deed rider that complies with LIP requirements
as they may be amended for inclusion in the Chapter 40B Subsidized
Housing Inventory and is enforceable under MGL c. 184, § 26,
or MGL c. 184, §§ 31 to 32. Affordable housing units
required by and provided under the provisions of this section shall
remain affordable to the designated income group in perpetuity, or
for as long as legally permissible.
(2)
No building permit for any unit in a development subject to
this section shall be issued until the Town has approved the regulatory
agreement and the applicant has submitted it to EOHLC. Further, the
building permit representing 51% of the development shall not be issued
until the regulatory agreement has been approved by EOHLC and recorded
with the Middlesex County Registry of Deeds or Registry District of
the Land Court.
(3)
For homeownership units, issuance of the certificate of occupancy
for any affordable housing unit is contingent on an EOHLC-approved
deed rider signed by the qualified purchaser and recorded with the
Middlesex County Registry of Deeds or Registry District of the Land
Court.
(4)
Subsequent resale of an affordable housing unit shall be made
to a qualified affordable housing purchaser in accordance with the
deed restriction.
(5)
The purchaser of an affordable housing unit shall execute a
deed rider in a form provided by the EOHLC, granting, among other
things, the Town of Sherborn the right of first refusal to purchase
the property in the event that a subsequent qualified purchaser cannot
be found.
