Purpose. The purpose of § 250-5.1. is to define all dimensional regulations related to allowable lot area, width, frontage, including dimensional regulations for all districts, and to clarify the regulations for dwellings per lot, lot size exceptions and reduction of occupied lots.
A.
Wetlands or land under water. In all districts, no more than 10% of the required lot area, as defined in this Article V, shall consist of wetlands or land under water.
B.
Lot area, width, shape and frontage. Except as provided in Subsections C, D and § 250-5.5, no building, except a detached building of accessory use, shall be constructed on a lot having less area than the "Required Lot Area" or having less width than the "Required Lot Width Through Building," specified in the following table for the district in which said lot is located:
[Amended 11-16-2021 STM by Art. 18]
|
District
|
Required Lot Area
(square feet)
|
Required Lot Width Through Building
(feet)
|
Required Lot Width and Frontage
(feet)
|
|---|---|---|---|
|
Residence A
|
40,000
|
175
|
100
|
|
Residence B
|
80,000
|
175
|
100
|
|
Outlying
|
80,000
|
175
|
100
|
|
Dimensional requirements with sewer
| |||
|
Limited Business/Residential
|
40,000
|
100
|
100
|
|
Commercial
|
40,000
|
150
|
100
|
|
Office Park and Industrial
|
60,000
|
200
|
150
|
(1)
An area of access is the portion of the lot between the accepted
or approved Town way and the point where the required lot width through
the principal building is reached.
(2)
Lot shape. Unless approved in connection with a subdivision plan under MGL c. 41, or with a development plan review under this bylaw, lots shall maintain, beyond the principal building, a lot width as defined in Subsection B of the definition of "lot" in § 250-2.1, and measured from side lot line to side lot line to be a minimum of 50% of the required lot width as defined in this Subsection B above. Any lot area width less than the minimum described above shall not be calculated in the required area dimension or used for any other purpose.
(3)
Frontage can be reduced by 50% when it provides the only access
to one dwelling unit on a lot which is equal to at least twice the
minimum lot area requirement, provided that:
(a)
Not more than two lots with such reduced frontage can be placed
side by side.
(b)
There shall be at least two lots with the otherwise required
100% frontage adjacent to any two 50% frontages.
(c)
Each 50% frontage lot must be the access to its own lot.
(d)
No more than 30% of the required lot frontage can be encumbered
by easement or used for a common driveway.
(e)
Entrances and/or driveways to lots in all districts must be
made from an accepted or approved Town way.
(4)
The frontage of a lot must be available for access.
(a)
The Planning Board shall determine that the frontage is adequate
and available for safe vehicular access in accordance with its Rules
and Regulations Governing the Subdivision of Land[1] and/or when the Building Commissioner requests a determination.
(b)
Except for public utilities in place at the time of the passage
of this provision, no more than 30% of required frontage shall be
encumbered by easements, drives, access strips, or ways of any type.
(5)
In case of a farm exempted from the provisions of the zoning
by statute, the minimum lot area, width and frontage requirements
shall be in addition to the five acres as required under MGL c. 40A, § 3
and MGL c. 61A.
C.
Recreation District. In a Recreation District, except for municipal
recreation uses, the following minimum areas and frontages are required:
(1)
The minimum frontage for all uses shall be 200 feet.
(2)
For a golf course, the minimum lot area shall be at least 120
acres.
(3)
For all other uses, the minimum lot area shall be at least two
acres of lot area plus sufficient area for the proposed use as determined
by the standards contained in Time-Saver Standards for Site Planning,
Joseph DeChiara and Lee E. Koppleman, McGraw Hill, New York City,
1984, pages 424 and 425.
D.
Retail Commercial, Commercial and Office Park and Industrial Districts.
(1)
In a Retail Commercial or Commercial District, no building shall
be constructed as a dwelling or so used on a lot having less area
or width than the amount required for the construction of a dwelling
in an abutting Residence A, Residence B or Outlying District or where
more than one such district abuts, in the particular district having
the greatest length of common boundary with the Retail Commercial
or Commercial District in question.
(2)
In an Office Park and Industrial District, the following minimum
areas and frontage are required:
E.
One dwelling per lot. In all districts, not more than one building
on each lot shall be constructed as a dwelling or so used except as
provided in Section 3.4.
F.
Reduction of occupied lots. No lot on which a building is located
in any district shall be reduced or changed in size or shape so that
the building or lot fails to comply with lot area, width, setback
or yard provisions of this bylaw, or, if such building or lot already
fails to comply with said provisions, such reduction or change would
bring about a greater degree of noncompliance with said provisions.
This prohibition shall not apply, however, when a portion of a lot
is taken or conveyed for a public purpose.
Purpose. The purpose of § 250-5.2 is to provide specific regulations for all setbacks for buildings, side and rear yards lot lines, including corner clearance, building space, and exceptions to yard and spacing requirements.
A.
Setbacks for buildings.
(1)
In all districts, no building shall be constructed nearer to
the exterior line of any street than 40 feet; and where the street
has width of less than 40 feet between its exterior lines, no building
shall be constructed nearer to the center line thereof than 60 feet.
B.
Exception for existing alignment.
(1)
If authorized by the Board of Appeals in Retail Commercial,
Commercial and Office Park and Industrial Districts and without such
authorization in all other districts, a building may (subject to the
provisions on corner clearance) be constructed as near to the exterior
and/or center line of any street as the average of the setbacks of
the dwellings or other main buildings nearest thereto on either side;
provided, however, that where the nearest main building on either
side is more than 300 feet from the building in question, such side
building shall not be counted in determining said average but, instead,
the intervening space shall be considered as though occupied by a
main building having the required setback (whether or not said space
is laid out as a separate lot).
(2)
In the Office Park and Industrial District, the following minimum
areas and frontage are required:
C.
Setbacks for other uses. In all districts, no open display of goods
or products, no open storage of materials or equipment, no sign over
two square feet in area and, except for a flag, utility or light pole,
no structure over five feet in height shall be located nearer to the
exterior line of any street than 20 feet, or, where the street has
a width of less than 40 feet, nearer to the center line thereof than
40 feet.
D.
Corner clearance. In all districts, no building shall be constructed
within the triangular area formed by the exterior lines of intersecting
streets and a line joining points on such lines 50 feet distant from
their point of intersection or, in case of a rounded corner, the point
of intersection of their tangents and no structure; no foliage, shrubbery
or other planting and no open display, storage or other open use shall
be located within said triangular area in such a manner as to interfere
with traffic visibility across the corner.
E.
Side and rear yards. In all districts, no building shall be constructed
nearer to the side lines of its lot than the "Required Side Yard Width,"
or nearer to the rear line of its lot than the "Required Rear Yard
Depth," specified in the following Subsections (1) through (4):
(2)
Residence B or Outlying District.
(3)
Retail Commercial, Commercial, Office Park and Industrial Districts.
(a)
Required side yard width: 15 feet for dwellings; 20 feet for
detached accessory buildings; and 20 feet for all other buildings.
[1]
If a driveway is shared with an adjacent lot, the side yard
requirements would be reduced to 15 feet.
(b)
Required rear yard depth: 20 feet for dwellings; 20 feet for
a detached accessory building; and 20 feet for all other buildings.
F.
Building space. In all districts, no building shall be constructed
nearer than 10 feet to any other detached building on the same lot.
G.
Yard and spacing exceptions. On an existing lot exempted from lot area and width requirements hereof under the provisions of § 250-5.1F above, the required side yard width may, without authorization by the Board of Appeals, be reduced by six inches for each foot by which the width of said lot (measured as herein specified) is less than the required lot width through the building required under § 250-5.1B(1); provided, however, that no side yard shall be so reduced to less than six feet. For purposes of this subsection, the width of the lot shall mean the minimum distance measured through the building and parallel to the street from one side lot line to the other side lot line. In addition, the Board of Appeals may, in the specific case of an irregular or shallow lot, or a lot unusual either in shape or topography, vary the yard and spacing regulations hereof, provided that, in the opinion of said Board, it is impractical or extremely difficult to adhere to such regulations.
Purpose. The purpose of § 250-5.3. is to provide specific regulations for building heights in all districts.
A.
Building.
(1)
In a Residence A, Residence B, Outlying or Recreation District,
the maximum height of a building or structure shall be 38 feet, measured
from the highest level abutting the building to the highest point
of the building.
(2)
In a Residence A, Residence B or Outlying District, the vertical
distance between any point on the roof of a building (whether main
or accessory) and any point on the side or rear lines of its lot shall
not exceed the horizontal distance between the same two points by
more than five feet.
(3)
In all other districts, except the Tri-Town Smart Growth District, the maximum height, as measured in Subsection A(1), shall not exceed 55 feet unless approved with development plan review and the approval of the Fire Chief or in the case of cellular and telecommunication towers approved by special permit. Irrespective of the preceding two subsections, the Planning Board may approve a special permit for telecommunication and cellular towers in any district, where they are permitted by this bylaw subject to the provisions of § 250-6.6K(1).
B.
Projections. Nothing herein shall prevent the projection into any
required setback area or yard of cornices, eaves, sills or ornamental
features not over three feet in width or of terraces, steps or uncovered
porches not over three feet high above average finished grade and
nothing herein shall prevent the projection above a roof of chimneys
or antennas or of steeples, domes, towers or similar projections not
used for human occupancy.
Purpose. The purposes of § 250-5.4 are to provide an opportunity for varied housing stock as opposed to conventional single-family subdivision or development and to encourage development alternatives.
A.
In a mixed residential development, the regulations of this § 250-5.4 shall apply to any grant of a special permit which is authorized by the Planning Board pursuant to Article VIII. Granting of a special permit for a mixed residential development is subject to review and approval of a definitive plan, the standards set forth in MGL c. 40A, § 9, these Protective Bylaws, the rules and regulations promulgated by the Lunenburg Planning Board for granting of a special permit and the Rules and Regulations Governing the Subdivision of Land,[1] unless specifically waived as provided in said regulations.
B.
Intensity and dwelling unit mix.
(1)
The minimum area of any mixed residential development shall
be not less than five acres, and not more than 10% of this minimum
area shall consist of wetlands or land under water or land with a
slope in excess of 15%.
(2)
Where a mixed residential development abuts a residential use
other than another mixed residential development or planned residential
area, there shall be a buffer of a continuous width of at least 50
feet. Said buffer shall be maintained in its natural state or planted
or landscaped with vegetation indigenous to the area.
(3)
If there is more than one housing type in the mixed residential
development, e.g., one-family, two-family or more, no one type shall
constitute more than 60% nor less than 20% of the total number of
dwelling units.
(4)
There shall be no more than one structure constructed or used
as a dwelling on a lot in a mixed residential development.
(5)
The maximum number of dwelling units in a mixed residential
development may not exceed 2% of the total number of dwelling units
in Town as shown on the record of the Board of Assessors for the year
in which the application for the special permit is filed.
(6)
In any one year, no more units may be constructed than are equal
to 1% of the total number of dwelling units in Town as shown on the
record of the Board of Assessors for the year in which the application
for special permit is filed.
(7)
Notwithstanding the foregoing Subsections (1) through (6), the number of building lots and/or the number of dwelling units to be constructed may not exceed the number of building lots and/or the number of dwelling units of said tract of land which could be constructed under this bylaw by means of a conventional development or subdivision plan, considering the whole tract, exclusive of water bodies and wetlands and land prohibited from development by legally enforceable restrictions, easements or covenants.
C.
Dimensional regulations.
(1)
In a mixed residential development, lots shall be developed
in accordance with the following table, provided that all units within
the development are connected to public water or are served by a common
or individual well approved by the Lunenburg Board of Health and are
connected to a sewer or an on-site sewage treatment facility approved
by the Lunenburg Board of Health.
|
Residence A District
| ||||||
|---|---|---|---|---|---|---|
|
Number of Units in Structure
|
Minimum Frontage Per Unit
(feet)
|
Minimum Setbacks
(feet)
|
Minimum Lot
(square feet)
| |||
|
Front Yard
|
Side Yard
|
Rear Yard
| ||||
|
1
|
90
|
40
|
15
|
20
|
24,000
| |
|
2
|
50
|
40
|
15
|
20
|
32,000
| |
|
3
|
40
|
40
|
15
|
20
|
40,000
| |
|
4
|
30
|
40
|
15
|
20
|
41,000
| |
|
Residence B and Outlying Districts
| ||||||
|---|---|---|---|---|---|---|
|
Number of Units in Structure
|
Minimum Frontage Per Unit
(feet)
|
Minimum Setbacks
(feet)
|
Minimum Lot
(square feet)
| |||
|
Front Yard
|
Side Yard
|
Rear Yard
| ||||
|
1
|
90
|
40
|
20
|
25
|
56,000
| |
|
2
|
50
|
40
|
20
|
25
|
72,000
| |
|
3
|
40
|
40
|
20
|
25
|
80,000
| |
|
4
|
30
|
40
|
20
|
25
|
94,000
| |
(2)
Irrespective of the table in Subsection C(1), lots in a mixed residential development which abut a street in existence at the time the application for the mixed residential development is filed shall conform to the lot size currently required in the district in which it is located and shall only be used for a one-family dwelling structure.
(4)
No building in a mixed residential development shall exceed
28 feet in height, said height to be determined by the vertical distance
between the average finished grade of the ground adjoining the building
to the highest point of the roof beams.
(5)
Each dwelling shall have at least two sides with full exposures
and shall have two separate exits.
D.
Design.
(1)
All buildings shall be of an architectural style which is compatible
with the prevailing style in the mixed residential development.
(2)
Buildings, open spaces, driveways, parking areas and other development
features shall be located and designed in a manner which conforms
to the existing natural terrain of the site.
(3)
All existing or proposed utilities shall be installed underground
at the time of initial construction. Each unit in a structure containing
four units shall be equipped with a fire protection residential sprinkler
system approved by the Lunenburg Fire Department.
(4)
Lighting facilities, whether placed along drives, in parking
areas or on the exterior of buildings, shall be so arranged and shielded
that they do not unreasonably distract the occupants of the buildings
or shine directly upon abutting properties and/or public ways. In
no case shall illumination upon the window surface of any buildings
used for dwelling purposes exceed 0.5 footcandle.
E.
Affordability guarantee.
(1)
All units to be sold as affordable shall contain deed restrictions
guaranteeing that the unit shall remain affordable in perpetuity from
first occupancy or such period as defined by the Commonwealth of Massachusetts
for affordable housing. Said deed restrictions shall guarantee that
during the period in which the unit must remain affordable, it may
be sold only at a price that allows the seller to realize a return
on improvements and a reasonable rate of appreciation according to
the Consumer Price Index between the time of purchase and the sale.
The deed restrictions shall also guarantee that any purchaser of the
unit within the period of affordability shall meet the then-qualifying
income and any other eligibility guidelines for purchase of affordable
housing as set forth by the Lunenburg Housing Partnership or such
board or authority as is designated by the Board of Selectmen.
(2)
Eligibility for purchase or lease of affordable units shall
be determined by the Town of Lunenburg acting through the Lunenburg
Housing Partnership, if any, or such board or authority as is designated
by the Board of Selectmen and according to the definitions established
by the Commonwealth of Massachusetts.
(3)
Eligibility for purchase or lease of affordable units after
the initial sale or lease shall be determined by the Town of Lunenburg
acting through the Lunenburg Housing Partnership, if any, or such
board or authority as is designated by the Board of Selectmen. Said
Housing Partnership, board or authority shall review eligibility and
provide written response within 30 days of receipt of the request
for determination of eligibility.
F.
Common area and facilities. All common areas and facilities shall
be owned and maintained by a nonprofit organization the principal
purpose of which is the preservation and maintenance of common areas
and facilities or a corporation or trust owned or to be owned in common
by the owners of the dwelling units within the mixed residential development
in which the ownership of the common areas and facilities runs with
the title to the dwelling units and is not separably alienable.
G.
Off-street parking. Off-street parking shall be provided in accordance with the provisions of § 250-6.1, except as follows:
(1)
All parking spaces, including any which may be in excess of
those requirements, shall be located a minimum of 75 feet from the
center line of any public ways or ways utilized to meet the frontage
requirements of this section.
(2)
Unless in an accessory garage within the structure, no parking
space shall be located closer than 25 feet to a building used for
dwelling purposes.
(3)
All required parking spaces shall be provided within 300 feet
of the dwelling units which they are required to serve.
(4)
The provisions of § 250-6.4C(4) shall not apply to entrances and/or driveways within a mixed residential area.
H.
Open space and landscaping.
(1)
All areas not covered by pavement, curbing, buildings and/or
structures, including such facilities as playing areas for court games,
swimming pools and plazas, shall be landscaped with grass, shrubbery,
trees, flowers or ground covers indigenous to the area. Along the
length of each exterior wall of each principal building, there shall
be a landscaped area with bushes, shrubs or flowers indigenous to
the area.
Purpose. The purpose of § 250-5.5 is to provide opportunities for other than single-family development by establishing regulations that include intensity, dimensions, design, ownership, maintenance, etc.
A.
In Residence A, Residence B or Outlying Districts, the following regulations shall apply to any grant of a special permit for a planned residential area, a single-lot, unified development, as may be authorized by the Planning Board pursuant to Article VIII. Pursuant to approval of the definitive plan in accordance with the Rules and Regulations Governing the Subdivision of Land,[1] adopted by the Lunenburg Planning Board, said application
shall be reviewed in accordance with the standard set forth in MGL
c. 40A, § 9, these Protective Bylaws and rules and regulations
promulgated by the Lunenburg Planning Board for granting of a definitive
plan.
B.
Intensity.
(1)
The minimum area of any planned residential area shall be not
less than five acres, provided that not more than 10% of this minimum
area shall consist of wetlands or land under water or land with a
slope in excess of 15%.
(2)
In addition to the minimum five acres required in Subsection B(1) above, there shall be provided for each dwelling unit within the planned residential area an area equivalent to the lot area required within the district for a detached one-family dwelling.
(3)
If 20% or more of the dwelling units qualify as low- or moderate-income
housing, as defined by the Commonwealth of Massachusetts Executive
Office of Communities and Development for Lunenburg for the year in
which they are to be first occupied, and further provided that measures
satisfactory to appropriate Town Boards, Selectmen are executed to
assure that these units remain available as low- or moderate-income
units and conform to the requirements of the Local Initiative Program,
then:
(b)
The lot area required in Subsection B(2) equivalent to a single-family detached building may be reduced by 30% and the frontage requirement in Subsection C may be reduced at the discretion of the Planning Board, provided that the planned residential area has at least 100 feet of frontage on an accepted public way for the first 10 units and an additional 200 feet of frontage on an accepted public way for any additional units to assure two means of entrance which are properly spaced or 100 feet if the second entrance is on a second public way.
(4)
The maximum number of dwelling units in a planned residential
area shall not exceed 2% of the total number of dwelling units in
Town, as shown on the record of the Board of Assessors for the year
in which the application is filed.
(5)
In any one year, no more units will be constructed than are
equal to 1% of the total number of dwelling units in Town, as shown
on the record of the Board of Assessors for the year in which the
application is filed.
(6)
Notwithstanding the foregoing Subsections (1) through (4), the number of building lots and/or the number of dwelling units to be constructed within the planned residential area may not exceed the number of building lots and/or the number of dwelling units of said tract of land which could be constructed under this bylaw by means of a conventional development or subdivision plan, considering the whole tract, exclusive of water bodies and wetlands and land prohibited from development by legally enforceable restrictions, easements or covenants.
C.
Dimensional regulations.
(1)
A planned residential area shall have a minimum frontage on a public way and/or a way approved by the Planning Board under the Subdivision Control Law, equivalent to 50 feet for each dwelling unit contained within the planned development. The requirements of this section may be modified if review and a determination by the Planning Board is made that adequate access is provided and changes will not derogate from the intent of § 250-5.5, Planned residential area.
(2)
No building within a planned residential area shall contain
more than four dwelling units.
(3)
No building in a planned residential area shall exceed 28 feet
in height, said height to be determined by the vertical distance between
the average finished grade of the ground adjoining the building to
the highest point of the roof beams.
(4)
No building or structure shall be located closer than 100 feet
to the center line of any public way or other way utilized to meet
the frontage requirements of this section or within 75 feet from the
center line of any interior street, way, or driveway.
(5)
No building or structure shall be located within areas which
are required to be maintained in a natural state.
(6)
No building or structure shall be located within 50 feet of
a property or lot line.
(7)
If there is more than one building containing dwelling units
on a single lot, there shall be a minimum of 50 feet between such
buildings.
(8)
Each dwelling unit shall have at least two sides with full exposures
and shall have two separate exits.
(9)
No floor, except an unfinished basement, of a dwelling unit
shall be located beneath the average finished grade of the ground
adjoining the building.
D.
Design.
(1)
Buildings shall be of an architectural style which is compatible
with the prevailing style in the area in which the planned residential
area is located and shall be compatible with other buildings in the
planned residential area.
(2)
Buildings, opens spaces, driveways, parking areas and other
development features shall be located and designed in a manner which
conforms to the existing natural terrain of the site.
(3)
Building placement which makes maximum use of solar energy shall
be encouraged.
(4)
All existing or proposed utilities shall be installed underground
at the time of initial construction. Each townhouse unit shall be
equipped with an approved fire protection residential sprinkler system
in accordance with the Lunenburg Fire Department approval. Each dwelling
shall have on the exterior a horn and light that is connected and
will activate with the fire alarm protective devices.
(5)
Lighting facilities, whether placed along service drives, in
parking areas or on the exterior of buildings, shall be so arranged
and shielded that they do not unreasonably distract the occupants
of the buildings or shine directly upon abutting properties and/or
public ways. In no case shall illumination upon the window surface
of any buildings used for dwelling purposes exceed 0.5 footcandle.
(6)
Provisions shall be made for the storage, collection and removal
of garbage. All necessary facilities shall be appropriately screened.
(7)
There shall be one entrance road and one exit road to each planned
residential area, unless a divided entrance-exit road is approved
by the Planning Board.
E.
Off-street parking. Off-street parking shall be provided in accordance with the provisions of § 250-6.1 and in accordance with the Regulations of the Planning Board of the Town of Lunenburg Governing the Design, Construction and Maintenance of Off-Street Parking and Loading Areas except as follows:
(1)
All parking spaces, including any which may be in excess of
those requirements, shall be located a minimum of 75 feet from the
center line of any public way or ways utilized to meet the frontage
requirements of this section.
(2)
Unless in an accessory garage within the structure, no parking
space shall be located closer than 25 feet to a building used for
dwelling purposes.
(3)
All required parking spaces shall be provided within 300 feet
of the dwelling units which they are required to serve.
(4)
The provisions of § 250-6.4C(4) shall not apply to entrances and/or driveways within a planned residential area.
F.
Open space and landscaping.
(1)
All areas not covered by pavement, curbing, buildings and/or
structures, including such facilities as playing areas for court games,
swimming pools and plazas, shall be landscaped with grass, shrubbery,
trees, flowers or ground covers indigenous to the area. Along the
length of each exterior wall of each principal building, there shall
be a landscaped area with bushes, shrubs or flowers indigenous to
the area.
G.
Ownership and maintenance.
(1)
The area left substantially in its natural state shall be placed
in an ownership which shall provide for its permanent retention and
maintenance. The manner of ownership, use and maintenance of such
permanent natural area shall be determined by the agreement, duly
executed in a form suitable for recording by the owner or owners of
such natural area, and shall provide that, in the event the Planning
Board shall grant a special permit under this section, such permanent
area shall be owned or to be owned in common by the owners of the
dwelling units within the development in which the ownership of the
natural areas runs with the title to the dwelling units and is not
separably alienable.
(2)
Such natural area shall be kept in an open and natural state
and shall not be built upon for residential use, for walkways, driveways
and/or parking.
(3)
Such natural areas shall be subject to permanent restrictions
as agreed under Subsection A(1).
(4)
An organization, corporation or trust owned or to be owned in
common by the owners of the dwelling units within the development
in a form approved by the Planning Board shall be responsible for
the maintenance of all common areas, not otherwise provided in accordance
with Subsection A(1), including, but not limited to, lighting, plowing,
roadways, sidewalks, recreation facilities and accessory structures.
A.
Purpose. The purpose of cluster development is to encourage the preservation
of usable open space, agricultural lands, and forested lands in the
Town of Lunenburg and assist in preserving the rural residential character
of the Town.
B.
Applicability. In a Residence A, Residence B, or Outlying Districts,
where subdivisions, planned residential and mixed residential lots
or exclusive use areas proposed to be developed with single-family
dwellings consist of 25 acres or more, the following conditions must
be met, pursuant to approval of a definitive plan in accordance with
the Rules and Regulations Governing the Subdivision of Land, adopted
by the Lunenburg Planning Board.[1]
C.
Intensity.
(1)
Dwelling units shall be developed on a maximum of 50% of the
land within the development, with the remaining 50% of the land being
designated as permanent open space. Not more than 10% of the open
space shall consist of wetlands or land under water or land with a
slope in excess of 15%.
E.
Design.
(1)
The selection of land to be designated as permanent open space
shall be made by the applicant and shall be subject to the approval
of the Planning Board based on the following criteria:
(a)
The preservation of existing farms and/or the appropriateness
of the land for agricultural uses.
(b)
The preservation of environmentally sensitive lands.
(c)
The appropriateness of the land for recreational uses.
(d)
The location of the land relative to other adjacent or nearby
open space lands.
(e)
The location of the land relative to other development sites.
(f)
The area of roadway providing frontage to dwelling units shall
not be calculated as permanent open space.
(3)
Open space may be conveyed to a nonprofit organization, the
principal purpose of which is the conservation of open space, or to
be conveyed to a corporation or trust owned or to be owned by the
owners of lots or residential units within the plot, or if proposed
and accepted for public ownership, shall be dedicated to the Town
of Lunenburg, as provided by MGL c. 40A, § 9, provided that,
prior to acceptance, said land shall be tested by the applicant for
contaminants, who shall take proper remediation action, if necessary.
F.
Anti-segmentation. No development or series of developments shall
be segmented or phased, nor shall any contiguous parcels in single
or common ownership as of or subsequent to the date of adoption hereof
be conveyed or otherwise transferred, so as to avoid compliance with,
defer or curtail the applicability or requirement(s) of this bylaw.
It is not the form of ownership but control that determines single
or common ownership hereunder, which shall expressly include ownership
by affiliated or related persons and/or entities such as, but not
limited to, business organizations in the same or similar ownership
and joint tenancies, tenancies in common or trusts with a commonality
of legal or equitable interest(s) therein.
[Added 5-4-2019 ATM by
Art. 33]
