§ 218-26. Flexible development., Article V. Special Regulations, Chapter 218. Zoning, Part II. General Legislation, Code of Ordinances, Groton

Purpose. The purposes of this section, Flexible development, are:

(1)

To encourage the preservation of open land for its scenic beauty and to enhance agricultural, open space, forestry, and recreational use;

(2)

To preserve historical and archeological resources; to protect the natural environment, including varied landscapes and water resources;

(3)

To protect the value of real property;

(4)

To promote more sensitive siting of buildings and better overall site planning;

(5)

To perpetuate the appearance of the Town's traditional New England landscape;

(6)

To facilitate the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner;

(7)

To offer an alternative to standard subdivision development;

(8)

To promote the development of housing affordable to low-, moderate- and median-income families; and

(9)

To promote the development of housing for persons over the age of 55.

Definitions. The following terms shall have the following definitions for the purposes of this section:

AFFORDABLE TO PERSONS OR FAMILIES QUALIFYING AS LOW INCOME: Affordable to persons in the Lowell metropolitan statistical area under the applicable guidelines of the Commonwealth's Department of Housing and Community Development earning less than 50% of the median income.

AFFORDABLE TO PERSONS OR FAMILIES QUALIFYING AS MODERATE INCOME: Affordable to persons in the Lowell metropolitan statistical area under the applicable guidelines of the Commonwealth's Department of Housing and Community Development earning more than 50% but less than 80% of the median income.

AFFORDABLE UNITS: Any combination of dwelling units restricted in perpetuity as affordable to persons or families qualifying as low or moderate income. The affordable restriction shall be approved as to form by legal counsel to the Planning Board, and a right of first refusal upon the transfer of such restricted units shall be granted to the Town or its designee for a period of not less than 120 days after notice thereof.

CONTIGUOUS OPEN SPACE: Open space suitable, in the opinion of the Planning Board, for the purposes set forth herein. Such open space may be separated by the road(s) constructed within the flexible development. Contiguous open space shall not include required yards, if any.

HOUSING FOR PERSONS WITH DISABILITIES: A dwelling unit in compliance with the standards of the Americans with Disabilities Act and pertinent Massachusetts standards.

Applicability. In accordance with the following provisions, a flexible development project may be created, whether a subdivision or not, from any parcel or set of contiguous parcels held in common ownership and located entirely within the Town.

Procedures. Flexible development may be authorized upon the issuance of a special permit by the Planning Board. An application for flexible development shall be filed in accordance with the rules and regulations of the Planning Board.

(1)

Where the flexible development is a subdivision of land, a development plan consistent with the requirements set forth in the Subdivision Rules and Regulations shall be submitted to the Planning Board. Final engineering details regarding flexible development shall be provided as specified by the Planning Board during the course of plan review. In the event that the flexible development does not involve the subdivision of land, the development plan shall conform to the requirements for the applicable plan as set forth in such rules and regulations.

[Amended 10-19-2015 ATM, Art. 14]

Editor's Note: See Ch. 381, Part 1, Subdivision Rules and Regulations.

(2)

Where wetland delineation is in doubt or dispute, the Planning Board may require appropriate documentation, including an Order of Resource Area Delineation.

(3)

Data on proposed wastewater disposal shall be submitted with the application and shall be referred to a consulting engineer for review and recommendation.

(4)

The Planning Board may also require as part of the development plan any additional information necessary to make the determinations and assessments cited herein.

Design process. Each development plan shall follow the design process outlined below. When the development plan is submitted, applicants shall be prepared to demonstrate to the Planning Board that this design process was considered in determining the layout of proposed streets, house lots, and contiguous open space.

(1)

Understanding the site. The first step is to inventory existing site features, taking care to identify sensitive and noteworthy natural, scenic and cultural resources on the site, and to determine the connection of these important features to each other.

(2)

Evaluating site context. The second step is to evaluate the site in its larger context by identifying physical (e.g., stream corridors, wetlands), transportation (e.g., road and bicycle networks), and cultural (e.g., recreational opportunities) connections to surrounding land uses and activities.

(3)

Designating the contiguous open space. The third step is to identify the contiguous open space to be preserved on the site. Such open space should include the most sensitive and noteworthy resources of the site, and, where appropriate, areas that serve to extend neighborhood open space networks.

(4)

Location of development areas. The fourth step is to locate building sites, streets, parking areas, paths and other built features of the development. The design should include a delineation of private yards, public streets and other areas, and shared amenities, so as to reflect an integrated community, with emphasis on consistency with the Town's historical development patterns.

(5)

Lot lines. The final step is simply to draw in the lot lines (if applicable).

Modification of lot requirements. Consistent with the purpose of this section, flexible development may vary from the dimensional requirements of § 218-20 in order to promote more sensitive siting of buildings and better overall site planning. The Planning Board may waive the requirements of § 218-20 where it finds such a waiver is consistent with the purpose of this section and is not detrimental or injurious to public health, safety and welfare as follows:

[Amended 4-30-2007 ATM, Art. 26; 10-18-2010 ATM, Art. 14]

(1)

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

(2)

The Planning Board may waive the dimensional requirements when requested to do so by the applicant, who shall provide specific alternative dimensional requirements and the justification and public purpose of the waivers requested.

(3)

Such waivers may be incorporated as part of the special permit granted in connection with an application filed under this section or as an amendment to a special permit previously granted under this section.

(4)

Lot frontage. The minimum frontage of any lot shall not be less than 40 feet.

[Added 10-19-2015 ATM, Art. 14]

(5)

Individual lot area. The minimum area of any individual lot shall not be less than 10,000 square feet.

[Added 10-19-2015 ATM, Art. 14]

Basic maximum number of dwelling units. The basic maximum number of dwelling units allowed in a flexible development shall not exceed the number of lots which could reasonably be expected to be developed upon the site under a conventional plan in full conformance with all zoning requirements, subdivision regulations, health regulations, wetlands regulations and other applicable federal, state and local requirements (hereinafter, the yield plan). The yield plan shall be prepared in conformance with the requirements for a preliminary plan as set forth in the Subdivision Rules and Regulations of the Planning Board; provided, however, that in simple cases, such requirements may be waived by the Planning Board. In any event, the proponent shall have the burden of proof with regard to the design and engineering specifications shown on such yield plan.

(1)

The required affordable units for developments with more than 10 units shall not count toward the basic maximum number.

Density bonus. The Planning Board may award a density bonus to increase the number of dwelling units beyond the basic maximum number. All dwelling units awarded as a density bonus shall be two-bedroom units. The density bonus for the flexible development shall not, in the aggregate, exceed 40% of the basic maximum number. The required affordable units shall be considered as dwelling units awarded as a density bonus and shall be counted in this computation. 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 set aside as contiguous open space, over and above the required 35%, a bonus of 5% of the basic maximum number may be awarded; provided, however, that this density bonus shall not exceed 30% of the basic maximum number. For the purpose of this section, the contiguous open space shall not include any wetlands as defined in MGL C. 131, § 40.

(2)

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

(3)

For each transfer lot, as defined in § 218-4, two dwelling units may be added as a density bonus; provided, however, that this density bonus shall not exceed 10% of the basic maximum number.

Affordable component.

(1)

As a condition of the grant of any special permit for a flexible development for any development creating more than 10 dwelling units, affordable units shall be required as follows:

[Amended 4-24-2006 ATM, Art. 23]

(a)

Fifteen percent of the units shall be affordable to persons or families qualifying as low or moderate income.

(2)

In computing this requirement, the total number of dwelling units (i.e., the total of the basic maximum number and the density bonus units) shall be used. Numbers shall be rounded up in the computation of this requirement.

Types of buildings. The flexible development may consist of any combination of single-family, two-family and multifamily residential structures. A multifamily structure shall not contain more than five dwelling units. The architecture of all multifamily buildings shall be residential in character. Residential structures shall be oriented toward the street serving the premises and/or the required parking area. The Planning Board may require housing for persons with disabilities in appropriate circumstances.

Roads. The principal roadway(s) serving the site shall be designed to conform with the standards of the Town where the roadway is or may be ultimately intended for dedication and acceptance by the Town. Private ways shall be adequate for the intended use, and vehicular traffic and shall be maintained by an association of unit owners or by the applicant.

Parking. Each dwelling unit shall be served by two off-street parking spaces. Parking spaces in front of garages may count in this computation.

Contiguous open space. A minimum of 35% of the parcel shown on the development plan shall be contiguous open space. Any proposed contiguous open space, unless conveyed to the Town or its Conservation Commission, shall be subject to a recorded restriction pursuant to MGL C. 184, §§ 31 through 33 and 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)

For the purpose of this section, the contiguous open space shall not include any wetlands as defined in MGL C. 131, § 40.

(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 bikepaths.

(4)

Underground utilities and drainage easements to serve the flexible development site may be located within the contiguous open space.

Ownership of the contiguous open space. The contiguous open space shall, at the Planning Board's election, be conveyed to:

(1)

The Town or its Conservation Commission;

(2)

A nonprofit organization, the principal purpose of which is the conservation of open space and any of the purposes for which such open space may be used as set forth above; or

(3)

A corporation or trust owned jointly or in common by the owners of lots within the flexible development. If such corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots in perpetuity. Maintenance of such open space and facilities shall be permanently guaranteed by such corporation or trust which shall provide for mandatory assessments for maintenance expenses to each lot. Each such trust or corporation shall be deemed to have assented to allow the Town to perform maintenance of such open space and facilities if the trust or corporation fails to provide adequate maintenance, and shall grant the Town an easement for this purpose. In such event, the Town shall first provide 14 days' written notice to the trust or corporation as to the inadequate maintenance and, if the trust or corporation fails to complete such maintenance, the Town may perform it. In the event that such maintenance is not properly conducted, the Town or its agent may enter upon the land and perform such maintenance, and the applicant shall convey such temporary easement(s) as may be necessary for such purpose. The Town shall be reimbursed for any expenses associated with such maintenance. In the event that reimbursement is not forthcoming, the Town may lien the properties within the flexible development to ensure such payment. Each individual deed, and the declaration of 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.

(4)

In the alternative, a conservation restriction pursuant to MGL. C. 184, §§ 31 through 33, shall be placed on the land.

Buffer areas. A buffer area of 50 feet shall be provided at the perimeter of the property where it abuts residentially zoned or occupied properties, except for driveways necessary for access and egress to and from the site. No vegetation in this buffer area will be disturbed, destroyed or removed, except for normal maintenance. The Planning Board may waive the buffer requirement where:

(1)

The land abutting the site is the subject of a permanent restriction for conservation or recreation; or

(2)

The land abutting the site is held by the Town for conservation or recreation purposes; or

(3)

The Planning Board determines that a smaller buffer will suffice to accomplish the objectives set forth herein.

Stormwater management. Stormwater management shall be consistent with the requirements for subdivisions set forth in the rules and regulations of the Planning Board.

Editor's Note: See Ch. 381, Part 1, Subdivision Rules and Regulations.

Decision. The Planning Board may approve, approve with conditions, or deny an application for a flexible development after determining whether the flexible development better promotes the purposes of this flexible development bylaw than would a conventional subdivision development of the same locus.

Relation to other requirements. The submittals and permits required by this section shall be in addition to any other requirements of the Subdivision Control Law or any other provisions of this Zoning Bylaw.