[Amended 5-1-2023 ATM
by Art. 27]
A secondary residential unit, complete with its own sleeping,
cooking and sanitary facilities, that is attached or a part of the
primary structure of a single-family dwelling unit, or a structure
accessory thereto but functions as a separate unit.
Accessory dwelling units may be allowed by right in a principal
dwelling or in a detached structure on the same lot, provided that
each of the following additional conditions are met for a building
permit.
1. A plot plan of the dwelling unit and proposed accessory dwelling
unit shall be submitted to the Inspector of Buildings, showing the
location of the building on the lot, the proposed accessory dwelling
unit, location of any septic system and required parking. A certified
plot plan, stamped by a professional land surveyor registered in the
State of Massachusetts, is required.
2. An affidavit shall be provided stating that one of the two dwelling
units shall be occupied by the owner of the property, except for bona
fide temporary absence.
3. Not more than one accessory dwelling unit may be established on a
lot. The accessory dwelling unit shall not be served by any separate
utility meter.
4. The accessory dwelling unit shall not be larger in floor area than
50% of the habitable floor area of the principal dwelling, or 900
square feet, whichever is smaller.
5. The proposed ADU must meet the district's primary structure
zoning dimensional requirements, except conversion to an ADU of a
freestanding accessory structure existing prior to May 2, 2022, will
be subject to the dimensional requirements for an accessory structure.
For any structures existing prior to May 2, 2022, demolition, addition
and reconstruction will be considered new construction subject to
this bylaw.
6. All parking to be off-street on a designated driveway. There shall
be not more than one driveway or curb cut providing access to the
dwelling units, except for half circular or horseshoe driveways, located
in the front of the primary dwelling unit.
A building permit for an accessory dwelling unit may be granted
by the Inspector of Buildings. Exterior appearance of a dwelling with
an ADU shall be designed so that the appearance of the structure remains
that of a single-family dwelling, subject to the following conditions
and requirements:
1. All stairways to second or third stories shall be enclosed within
the exterior walls of the dwelling.
2. Any new entrance shall be located on the side or in the rear of the
dwelling.
3. Where there are two or more existing entrances on the front facade
or a dwelling, if modifications are made to any entrance, the result
shall be that one appears to be the principal entrance and the other
entrances appear to be secondary.
Any deviation from the conditions set forth in § 8.1.3
will require a special permit from the Zoning Board of Appeals. A
special permit for an accessory dwelling unit may only be granted
by the Zoning Board of Appeals upon a finding that the construction
and occupancy of the accessory dwelling unit will not be detrimental
to the neighborhood in which the subject property is located and after
consideration of the factors set forth in § 10.5 of this
bylaw.
The purpose of this section is as follows:
1. To provide for the development and use of alternative housing and
nursing care for the elderly;
2. To create home health care, housing and other supportive services
for the senior population outside of an institutional setting;
3. To encourage the preservation of open space;
4. To provide alternative housing for seniors that cause relatively
little demand on Town services;
5. To preserve the Town's residential character;
6. To provide such accommodations in a manner harmonious with the surrounding
land uses while protecting natural resources and open space;
7. To provide housing which is affordable to seniors who are residents
of the Town.
See "senior housing facility" in Section 11.0.
The Planning Board may grant a special permit for a senior housing
facility as defined in Section 11.0 and as set forth in the Table
of Use Regulations, subject to the requirements of this section.
1. This section shall not apply to Senior Housing Facilities existing
on the date of adoption of this section.
Dimensional requirements and design standards shall be as follows:
1. Minimum lot size. The minimum lot size (square feet) shall be that
required in the district.
2. Building height. Any addition or new construction shall not exceed
35 feet in height as measured in accordance with the State Building
Code. This shall not preclude the reuse and renovation of existing
structures which may exceed this height limit.
3. Building setbacks. Buildings shall be set back the distance required
in the district for side and rear yards.
4. Setback from residential dwellings. All principal buildings associated
with the senior housing facility shall be no closer than 30 feet from
existing residential dwellings unless reduced by the SPGA.
5. Minimum lot frontage. The minimum lot frontage shall conform to the
requirements of the district where such use is located.
6. Town services. Facilities shall be serviced by public water and sewer
of sufficient capacity to serve the project. Any extension and/or
replacement of sewer and/or water lines necessary to provide sufficient
capacity shall be the responsibility of the applicant.
7. Transportation services. The operator of the facility shall be required
to provide or arrange for transportation to Town services and facilities.
8. Access and on-site circulation. Adequate on-site circulation shall
be provided to and from the site, taking into consideration the adjacent
sidewalks and streets and accessibility of the site and building(s)
thereon for emergency vehicles. Adequate provision shall be made for
off-street loading and unloading requirements of delivery vehicles
and passengers using private transportation.
9. Public safety. The facility shall have an integrated emergency call,
telephone and other communication system to provide monitoring for
its residents. There shall be sufficient site access for public safety
vehicles. A plan shall be approved by the Fire Department for the
emergency evacuation of residents with emphasis on ensuring the safety
of residents with physical impairments.
10.
Landscaping. Landscaping and screening is required to obscure
visibility from beyond the boundaries of the premises of parking areas,
dumpster locations and loading areas. The minimum setback from all
property lines of such parking lots, dumpster locations, and loading
areas, except for their points of ingress and egress, shall be 15
feet.
The operator of the senior housing facility may also provide
optional services on the site for the convenience of residents, including
but not limited to transportation, barber/beauty services, sundries
for personal consumption, laundry services and other amenities, provided
such uses serve primarily the residents and staff of the senior housing
facility and the accessory uses shall be wholly within a residential
structure and shall have no exterior advertising display.
The procedure for a special permit under this section shall
be governed by § 10.5.
The purpose of this section, OSRD, is to:
1. Encourage the preservation of undeveloped land for its scenic beauty;
to protect the natural environment, including the Town's varied
landscapes and water resources and to enhance opportunities for recreational
uses;
2. Preserve historical and archeological resources;
3. Promote more sensitive siting of buildings and better overall site
planning;
4. Perpetuate the natural landscape and ecosystem of the site;
5. Facilitate the construction and maintenance of streets, utilities,
and public services in a more economical and efficient manner that
minimizes impervious area and stormwater runoff, while minimizing
Town maintenance requirements;
6. Offer an alternative to standard subdivision development that is
more efficient and economic, minimizing impacts to natural resource
areas, including wetlands and waterways; and
7. Promote the development of housing affordable to low, moderate, and
median income families.
See "open space residential development" in Section 11.0.
In accordance with the following provisions, and as set forth
in the Table of Use Regulations, Table 1, an OSRD project may be created, whether a subdivision
or not, from any parcel or set of contiguous parcels of five or more
acres held in common ownership.
OSRD may be authorized upon the issuance of a special permit
by the Planning Board. When an application for approval of an OSRD
site plan is filed with the Planning Board, the applicant shall also
file, within five working days of the filing of the completed application,
accompanying development plan, and other documentation, to the Board
of Health, Conservation Commission, Inspector of Buildings, Department
of Public Works, Police Chief, Fire Chief, and Town Engineer for their
consideration, review, and report. The applicant shall furnish 11
paper copies and an electronic copy of all submitted materials. Reports
from other boards and officials shall be submitted to the Planning
Board within 45 days of receipt of the reviewing party of all of 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
forty-five-day period, the Planning Board shall continue the public
hearing to permit the formal submission of reports and recommendations
within that forty-five-day period. The Planning Board shall hold a
public hearing within 65 days of receipt of a complete application
and shall file its written decision with the Town Clerk within 90
days from the close of the public hearing, and notify the applicant
of its decision. Incomplete applications will be rejected. The decision
shall contain, in writing, an explanation for any departures from
the recommendations of any reviewing party.
The basic maximum number of dwelling units allowed in an OSRD
shall not exceed the number of lots which could reasonably be expected
to be developed upon the site under a conventional definitive subdivision
plan in full conformance with all zoning, subdivision regulations,
health regulations, wetlands regulations and other applicable requirements.
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 OSRD shall not, in the aggregate, exceed 20% of the
basic maximum number. Computations shall be rounded to the lowest
number. A density bonus may be awarded in the following circumstances:
1. For each additional 10% of the site over the open space required
in § 8.3.15 and set aside as contiguous open space, a bonus
of 5% of the basic maximum number may be awarded. Bonus not to exceed
15% of the basic maximum number.
2. Where the Planning Board determines that the applicant has offered
significant amenities to the Town, including but not limited to infrastructure
improvements, equipment, technical assistance, or the preservation
of land outside the OSRD, a bonus of up to 10% the basic maximum number
may be awarded. Bonus not to exceed 15% of the basic maximum number.
The applicant will submit a conventional plan. The applicant
shall have the burden of proof with regard to the design and engineering
specifications for such conventional plan by meeting all applicable
dimensional regulations for the zoning district in which the project
will be developed. The conventional plan will include lot areas, frontage,
wetlands and associated 100- and 125-foot wetland buffers, roadway
right-of-way and a dedicated lot for stormwater infiltration or LID
(low-impact development) stormwater BMPs (best management practices).
The conventional plan will be submitted by the proponent and approved
by the Planning Board prior to proceeding to the "concept plan" stage.
Before submitting an application for approval of an OSRD special
permit, an applicant must submit a concept plan for approval by the
Planning Board. The concept plan shall be prepared by a registered
professional engineer, professional land surveyor, or by a multidisciplinary
team of which one member must be a registered professional engineer
or land surveyor, and shall address the general topographic features
of the land, give approximate configurations of the lots - if separate
lots are being created and/or proposed residential unit number and
location of the units, with any density bonus multipliers included
for lot or unit numbers, open space, and roadways, and include the
information as appropriate as listed in OSRD site plan Rules and Regulations.
When the Planning Board approves the concept plan, the applicant may
then file an OSRD special permit application.
An application for an OSRD special permit shall contain a fully
engineered plan, conforming with the provisions of this section, all
the provisions of Land Subdivision Rules and Regulations. A site plan
conforming with § 10.6 shall be included. The site plan
shall incorporate the features of the sketch plan but include existing
and proposed contour lines in two-foot intervals, stormwater management
infrastructure, wetlands, streams and associated 100- and 125-foot
wetland buffers, buffers, flood zone boundaries, Zone II and water
protection district boundaries, wastewater system design and location,
utilities (water, gas, electric and cable when applicable), roadways
and sidewalks, existing trails, stone walls, building or other significant
structures and all other information as required within the above
described bylaws and regulations.
The Planning Board encourages applicants for OSRD to modify
lot size, shape, and other dimensional requirements for lots within
an OSRD, subject to the following limitations:
1. Lots having reduced area or frontage shall not have frontage on a
street other than a street created by the OSRD; 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.
2. Side and rear setbacks shall be required as set forth in the host
district, but the Planning Board may reduce setbacks by not more than
50% of the required side and rear yards in the district.
As a condition of the grant of any special permit for an OSRD,
a minimum of 10% of the total number of dwelling units shall be restricted
in perpetuity. The total number of dwelling units shall be the sum
of the bonus units, if any, plus the basic maximum number. The restriction
shall be approved as to form by legal counsel to the Planning Board
to ensure that the dwellings units will count on the Commonwealth's
Subsidized Housing Inventory, and a right of first refusal upon the
transfer of such restricted homeownership units shall be granted to
the local Affordable Housing Trust for a period not less than 120
days after notice thereof.
The OSRD may consist of any combination of single-family, two-family,
or three-family residential structures. Residential structures shall
be oriented toward the street serving the premises and not the required
parking area, unless waived by the Planning Board.
The principal roadway(s) serving the site shall be designed
to conform with the standards of the Town where the roadway is or
may be ultimately intended for dedication and acceptance by the Town.
Private ways shall be adequate for the intended use and vehicular
traffic and shall be maintained by an association of unit owners or
by the Applicant. Roadway width and sidewalk design can deviate from
Planning Board regulations, if approved by the Board.
Each dwelling unit shall be served by two off-street parking
spaces. Parking spaces in front of garages may count in this computation.
Additional parking can be approved and may be desirable but at no
time can additional parking be located on roadways outside the proposed
development.
A minimum of 20% of the parcel shown on the development plan
shall be contiguous open space to the extent possible. Any proposed
contiguous open space, unless conveyed to the Town or its Conservation
Commission, shall be subject to a recorded restriction enforceable
by the Town, providing that such land shall be perpetually kept in
an open state, that it shall be preserved for exclusively agricultural,
horticultural, educational or recreational purposes, and that it shall
be maintained in a manner which will ensure its suitability for its
intended purposes.
1. The percentage of the contiguous open space which is wetlands shall
not normally exceed the percentage of the tract which is wetlands;
provided, however, that the applicant may include a greater percentage
of wetlands in such open space upon a demonstration that such inclusion
promotes the purposes set forth in § 8.3.1 above. In no
case shall the percentage of contiguous open space which is wetlands
exceed 50% of the tract.
2. The contiguous open space shall be used for conservation, historic
preservation and education, outdoor education, recreation, park purposes,
agriculture, horticulture, forestry, or for a combination of these
uses, and shall be served by suitable access for such purposes.
3. The contiguous open space shall remain unbuilt upon, provided that
the Planning Board may permit up to 10% of such open space to be paved
or built upon for structures accessory to the dedicated use or uses
of such open space, pedestrian walks, and bike paths.
4. Underground utilities to serve the OSRD site may be located within
the contiguous open space.
The contiguous open space shall be restricted from residential
development in perpetuity. At the applicant's election, the open
space can be conveyed to:
1. The Conservation Commission, if they approve the conveyance but all
maintenance of the open space would be the responsibility of the homeowner's
association.
2. A nonprofit organization, the principal purpose of which is the conservation
of open space and any of the purposes for such open space set forth
above.
3. A corporation or trust owned jointly or in common by the owners of
lots within the OSRD. 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.
A buffer area of 25 feet shall be provided at the perimeter
of the property where it abuts residentially zoned or occupied properties,
except for driveways necessary for access and egress to and from the
site. No vegetation in this buffer area will be disturbed, destroyed
or removed, except for normal maintenance. The Planning Board may
waive the buffer requirement i) where the land abutting the site is
the subject of a permanent restriction for conservation or recreation;
or ii) where the land abutting the site is held by the Town for conservation
or recreation purposes; or iii) the Planning Board determines that
a smaller buffer will suffice to accomplish the objectives set forth
herein.
Stormwater management shall be consistent with the requirements
for subdivisions set forth in the Rules and Regulations of the Planning
Board and the General Bylaws of the Town of Sharon.
In order to maintain and repair any common areas or the required
open space, the developer shall create a condominium or homeowner's
association. The documents establishing such association shall be
approved as to form by Town Counsel. The HOA members names will be
filed with the Town Clerk.
The Planning Board may approve, approve with conditions, or
deny an application for an OSRD after determining whether the OSRD
better promotes the purposes of § 8.3.1 of this OSRD Bylaw
than would a conventional subdivision development of the same locus.
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.
Within Single Residence, Suburban and Rural Districts, the following
uses may be authorized on special permit from the Zoning Board of
Appeals:
1. One additional principal dwelling unit within a building or structure.
2. Conversion of a single residence dwelling which was in existence
on the date this Zoning Bylaw became effective, March 13, 1933, into
a residence with two families principal dwelling units.
3. Conversion of a dwelling or building accessory thereto, or both,
into a building or buildings containing in the aggregate as many principal
dwelling units as could be obtained if the dwelling and building accessory
thereto, if any, were to be razed, the lot subdivided into as many
lots as the Zoning Bylaw permits and as many dwelling units as permitted
by the Zoning Bylaw were then constructed; provided that the dwelling
and the building accessory thereto, if any, were in existence on the
date this Zoning Bylaw became effective (March 13, 1933) and that
a permanent preservation restriction under MGL c. 184, §§ 31
through 33, is provided, assuring the future integrity of the building
exterior and the grounds.
In Single Residence, Rural and Suburban Districts, and Business
District C, a special permit from the Select Board may authorize conversion
to multifamily dwelling use of a building then or formerly in municipal
use, provided that additions or extensions increase lot coverage by
not more than 10% of lot area. Lot area plus contiguous land dedicated
to public recreation or conservation use shall equal at least 2,000
square feet per dwelling unit.
Site plan approval shall be required pursuant to § 10.6.
The Planning Board shall be the authority for site plan review and
the Zoning Board of Appeals shall be the special permit granting authority
for all developments in BA District, unless otherwise noted in this
bylaw. In addition to the reviews provided in said sections, the Planning
Board and Zoning Board of Appeals shall also consider suitability
and safety of ways for residents to their apartments, parking areas
and usable open space; and the compatibility of the proposed nonresidential
uses with residential uses with respect to safety from fire or other
hazards and to protection from noise, litter or other nuisance.
Multiple-residence buildings containing three or more dwelling
units, and mixed-use buildings with or without residential uses which
require a special permit in the Table of Use Regulations, including services related thereto, shall be designed
in accordance with the following:
1. There shall be a minimum lot area requirement of 2,200 square feet
per dwelling unit.
2. There shall be no restriction on combining different categories of
permitted uses within the same building other than those imposed by
the State Building Code or other federal, state or local regulations
other than the Zoning Bylaw.
3. Where it faces a street, a building shall have no more than 40% of
its ground floor frontage devoted to residential uses, or enclosed
parking.
4. Blank walls shall not occupy more than 40% of a ground floor street-facing
frontage and shall not exceed 20 linear feet without being interrupted
by a window or entry.
5. Buildings shall provide a foundation or base that extends from the
ground to the bottom of the lower window sills that is distinguished
from the building face by a change in volume or material. A clear
visual division shall be maintained between the ground level floor
and upper floors, which may include changes in volume or materials
or other architectural detailing such as a belt course or cornice.
The top of any building shall contain a distinctive finish consisting
of a cornice or other architectural termination.
6. All ground floor facades facing public sidewalks, plazas, or other
public open spaces, streets or rights-of-way shall have transparent
features covering a minimum of at least 40% and a maximum 80% of the
area between two feet and 10 feet above grade. Transparent features
may include windows and transparent doors. "Transparent" means that
an individual can see into the building from the outside. Transparent
glass may be tinted, low-E, or include other similar treatment. For
residential uses, this minimum transparency requirement is reduced
to 20% of the area between two feet and 10 feet above grade to allow
for increased privacy. Other treatments that enhance the pedestrian
environment may be used.
On a lot which is used for residence as well as business uses,
the landscaping requirements of § 6.1.10 shall apply to
side and rear lot lines, except where driveways or parking areas are
shared with an adjoining lot. A strip of lawn or natural vegetation
at least 20 feet wide may be substituted in place of the screening
otherwise required.
Notwithstanding the provisions of § 6.1.5, all off-street
parking required for residences shall be located on the same lot,
or adjacent lots, and shall be reserved for the residents and their
guests.
Apartments in excess of two dwelling units, including services
related thereto, over nonresidential establishments may be authorized
in the BB and BC Districts by special permit from the Zoning Board
of Appeals, provided that no dwelling unit shall be located below
the second floor, in accordance with the following.
1. Number of bedrooms shall not exceed 16 per acre. For the purposes
of this calculation, a studio apartment shall be considered a one-bedroom
apartment.
2. Usable open space shall be provided on the same site to at least
the following amounts of square feet per unit:
Studio apartment
|
400
|
|
One-bedroom apartment
|
600
|
|
Two-bedroom apartment
|
800
|
|
Three or more bedroom apartment
|
1,200
|
|
3. Usable open space shall be on substantially level ground and open
to the sky; maintained in grass or landscaped as recreational or park
area, provided that no more than 25% of the required minimum usable
open space is covered with impervious materials; not less than 20
feet in any dimension, exclusive of required setbacks; accessible
to all residents on the site without crossing parking areas or driveways.
4. Notwithstanding the provisions of § 6.1.5, all parking
required for residences shall be located on the same lot and shall
be reserved for the residents.
5. On a lot which is used for residence as well as business, the landscaping
requirements of § 6.1.10 shall apply to side and rear lot
lines, except where driveways or parking areas are shared with an
adjoining lot. A strip of lawn or natural vegetation at least 20 feet
wide may be substituted in place of the screening otherwise required.
6. Site plan approval shall be required in all cases pursuant to § 10.6.
In addition to the criteria provided therein, the Zoning Board of
Appeals shall also consider suitability and safety of ways for residents
to their apartments, parking areas and usable open space; and the
compatibility of the proposed nonresidential uses with residential
uses with respect to safety from fire or other hazards and to protection
from noise, litter or other nuisance.
Within Business District A, for those developments requiring
a special permit for eight or more dwelling units, whether through
new construction, substantial rehabilitation, residential conversion,
or adaptive reuse, a minimum of 12.5% of dwelling units built shall
be affordable housing. Developments shall not be segmented or phased
in a manner to avoid compliance with these provisions.
See definitions for "affordable housing; BA District" in Section
11.0.
Any applicant for a special permit for a development of eight
or more dwelling units in Business District A must submit to the special
permit granting authority a narrative document and marketing plan
that establishes that the proposed development of housing is appropriate
for diverse types of households, including households for individuals
with disabilities and the elderly.
For purposes of calculating the number of units of affordable
housing required within a development, any fractional unit greater
than or equal to 0.5 shall be deemed to constitute a whole unit.
Affordable housing shall be eligible for inclusion on the Department
of Housing and Community Development's (DHCD) Subsidized Housing
Inventory (SHI).
The special permit granting authority, as a condition of any
approval, may require a project to be phased in order to mitigate
any extraordinary adverse impacts on nearby properties. For projects
that are approved and developed in phases, the special permit granting
authority shall assure the required number of affordable housing units
in the project. Such assurance may be provided through use of the
security devices referenced in MGL c. 41, § 81U, or through
the special permit granting authority's withholding of certificates
of occupancy until proportionality has been achieved.
Prior to the granting of any approval of a project, the applicant
must demonstrate, to the satisfaction of the monitoring agent, that
the method by which such affordable rents or affordable purchase prices
are computed shall be consistent with state or federal guidelines
for affordability applicable to the Town.
Notwithstanding anything to the contrary herein, the affordability
provisions in this section shall not be varied or waived.
The purpose of this requirement is to make housing available
that is affordable to low and moderate income households. The affordable
housing provided shall comply with all requirements for inclusion
on the Subsidized Housing Inventory (SHI) of the Department of Housing
and Community Development (DHCD).
See the definition of "affordable housing; BD District" in Section
11.0.
1. The minimum number of units of affordable housing provided shall
be 12.5% of the total number of on-site dwelling units with any fractional
unit deemed to constitute a whole unit.
2. Long-term eligibility must be protected through a deed rider which
shall be in force for the maximum period allowed by law but not less
than 99 years.
3. The number of units of affordable housing as provided herein may
not be waived.
The issuance of certificates of occupancy for market rate units
shall be scheduled as a condition to be included in the special permit
decision.