[Added 10-28-1997 STM
by Art. S4]
The purpose of this Article XV, Flexible Development, is to preserve open space, forested and other scenic views along the public ways in the Town of Marion; to protect the natural environment; to protect the value of real property; to promote more sensitive siting of buildings and better overall site planning; to preserve Marion's traditional New England landscape and to allow landowners a reasonable return on their investment.
[Amended 5-21-2007 ATM
by Art. 25]
Any creation of five or more parcels in a residence district, whether a subdivision or not, from a parcel or set of contiguous parcels held in common ownership may proceed under this Article XV, Flexible Development, and is further subject to the requirements of Article IX, Site Plan Review and Approval.
Applicants for flexible development shall file with the Planning
Board six copies of a development plan conforming to the requirements
for a preliminary subdivision plan under the Subdivision Regulations
of the Planning Board.[1] The Planning Board may also require as part of the development
plan any additional information necessary to make the determinations
and assessments cited herein.
The Planning Board may authorize modification of lot size, shape
and other bulk requirements for lots within a flexible development,
subject to the following limitations:
A.
Lots having reduced area or frontage shall not have frontage on a
street other than a street created by subdivision involved.
B.
Lots may be reduced in area to a minimum of 85% of the otherwise
applicable requirement for the district.
C.
Lot frontage may be reduced to 65% of the frontage required in the
district, provided that all lots located within the flexible development
shall average 85% of the frontage required in the district.
D.
Each lot shall have at least 85% of the required yards for the district.
A buffer area, not less than 200 feet in width, shall be provided
between any public way adjacent to the flexible development and any
home constructed therein. The buffer may be constituted as a "no build"
zone with the site, and may serve as area for individual lots contained
therein. No indigenous vegetation shall be removed from this buffer
zone before or after the development of the residential compound (except
for removal necessary for the construction of subdivision roadways
and services and ordinary maintenance), nor shall any building or
structure be placed therein.
The submittals and permits of this article shall be in addition
to any other requirements of the Subdivision Control Law or any other
provisions of this Zoning Bylaw.
