[Amended 4-1-2006 by
Art. 18]
The regulations for each district pertaining to lot area and
dimensions shall be specified in this article and set forth in the
Table of Area Regulations, and shall be subject to further provisions
of this article, except as otherwise provided in any overlay district,
now existing or hereinafter adopted.
A.
All requirements for area or dimensions must be fulfilled exclusive
of any part of a lot below mean high water (see definition).
B.
For the purpose of determining setback requirements all yards, including
but not exclusively those of through or corner lots, wherever they
front on a street, shall be considered front yards on the street or
streets on which they are located.
[Amended 6-18-1984 by
Art. 7]
C.
A legal service driveway shall have a minimum width of 12 feet.
D.
Frontage.
[Amended 4-3-1982 by
Art. 14]
F.
In this article, the minimum required setback distance for any structure except an entrance or exit driveway or wall shall be measured from the front lot line; provided, however, that where a street has a right-of-way width of less than 40 feet, the setback distance shall include an additional 20 feet and be measured from the center line of the street, and further provided that any setback and/or front, side, or rear yard shall conform to the yard definitions as set forth within Article 2. Except for structures cited in Subsection H(1) and (2), no point of any structure shall be closer than the required setback distance to any point of the front lot line, or center line of the street, as the case may be.
[Amended 4-3-1982 by
Art. 1; 6-18-1984 by Art. 7; 3-31-2001 by Art. 22; 5-12-2012; 5-21-2012 by Arts. 23 and 25]
G.
A fence, hedge, wall, or other enclosing structure within the lot
lines may be maintained on a corner lot provided that it shall not,
at intersecting streets, obstruct visual clearance between three feet
and 10 feet above the grade of the street in the area formed by the
curblines and a straight line joining said curblines at points which
are 25 feet measured from the intersection of the curblines. Where
curbs do not exist, the lines shall be where such curb would be required
if built.
H.
No open storage or display of goods, products, materials, or equipment, no gasoline pump, vending machine, or similar commercial device and no other structure, except for those listed in Subsection H(1) and (2) immediately below, shall be located nearer to any side or rear lot line than either 15 feet or the permitted setback distance for a building on the lot, whichever distance is lesser.
(1)
A fence not in excess of six feet in height, flagpole, utility
pole, and mailbox may be located within the permitted setback distance
for a building on the lot;
(2)
A retaining or perimeter wall not in excess of three feet in
height may be located within minimum required setback distances of
a property line.
[Amended 6-18-1984 by
Art. 7; 3-27-1993 by Art. 23; 5-12-2012; 5-21-2012 by Art. 25]
I.
No lot in any district on which a building is placed shall be reduced
or changed in size or shape nor the building moved or changed so that
the building or lot fails to comply with the lot area, frontage, coverage,
setback, yard, or other provisions of this bylaw applicable to said
lot or to the construction of such building on said lot, except:
(1)
When a portion of a lot is taken or conveyed for public purpose;
or
(2)
When, pursuant to statute, a lot is divided on which more than
one dwelling not abandoned is in existence prior to July 1, 1955,
so that one such dwelling is on each lot resulting from such division.
[Amended 3-3-1962 by
Art. 23; 3-7-1964 by Art. 38]
[Amended 6-18-1984 Art.
8; 4-8-1985 Art. 41; 11-17-2003 Art. 16]
The Table of Area Regulations that follows together with the
notes are part of the bylaw.[1]
[1]
Editor's Note: The Table of Area Regulations is included as an attachment to this chapter.
[Amended 3-27-2004 by
Art. 7; 4-30-2018 ATM by Art.
20]
A.
Where applicable, no permit to build, construct, reconstruct or expand
any residential building or structure shall be issued by the Building
Inspector until a written statement from the Planning Board of final
approval has been received, in accordance with the provisions of this
section.
B.
Notwithstanding the area requirements set forth in preceding sections of this Article 5, and any variances obtained from same, the RGFA for any residential building or structure, in any residential district, to be constructed pursuant to a building permit issued on or after February 18, 2004, either as new construction or as an exterior alteration, expansion/extension/enlargement, reconstruction or replacement of an existing residential building or structure may not exceed the greater of 3,500 square feet or 10% of the area of the lot up to a maximum of 6,000 square feet, absent review as follows. This threshold does not diminish or nullify the applicability of any of the other area regulations set forth in Article 5 that may or may not have an impact upon the calculation of RGFA, except where the changed size does not exceed 10% of RGFA.
C.
Where the RGFA of the applicant exceeds these limits, the proposed
work shall be submitted for a large house plan review by the Planning
Board. The Planning Board shall review and discuss the large house
plan with the applicant and abutters, toward the objective of making
the proposed plan harmonious with, and not harmful, injurious or objectionable
to, existing uses in the area.
(1)
The
Planning Board will consider the following factors in its review of
the project:
(a)
Scale of buildings. Proposed construction will be reviewed in relation
to the scale of other structures in its vicinity, through the use
of appropriate massing, screening, lighting, building and siding materials
and other architectural techniques such as variation in detail, form
and siting. Consideration shall be given to the need for vegetated
buffers or screening. Structures shall be arranged to minimize casting
shadows onto abutting property.
(b)
Preservation of landscape. Minimizing changes to wetlands, floodplains,
hilltops, grade changes, vegetation and soil removal, of the existing
landscape is encouraged. This includes unique natural areas, topographic
features such as ledge outcrops, significant trees and landscaping,
and historic features.
(c)
Lighting. Exterior lighting shall be only as needed to accomplish
safety and design objectives and shall be arranged so as to minimize
the impact on neighboring properties.
(d)
Circulation. Walkways, drives and parking shall be safe and convenient
and, insofar as practicable, not detract from the use and enjoyment
of adjacent properties and Town streets.
(2)
The
above criteria may be superseded and/or supplemented by the Planning
Board based on previous reviews, decisions and recommendations from
large house plan reviews or by the requirements of other permits needed
for the proposed building or structure to be constructed.
D.
Application and site plan.
(1)
A
person applying for a large house plan review shall file an application
with the Planning Board, including a filing fee and RGFA calculation
certified by a registered architect or engineer and the following
documentation as required by the Planning Board: a site plan showing
the location of the subject house, and the existing and proposed site
conditions, topography, building elevations, setbacks, lot coverages,
floor area ratios, grading and landscape design; for an existing house,
photographs of all sides, and for both existing and proposed houses,
a drawn or computer-generated depiction of how the house is proposed
to appear post-construction, including exterior materials; a context
map with a narrative description of the surrounding neighborhood with
data regarding house styles, sizes, dimensions, building siding materials,
and context photographs of all houses within a three-hundred-foot
radius of the proposed house location.
(2)
The
application and site plan shall include the elements to be reviewed
by the Planning Board and shall also include such further information
as the Planning Board shall reasonably require by rule or regulation.
Not less than two permanent survey monuments shall be located on the
property in question and shown on the plan, unless waived by the Planning
Board. In subsequent applications concerning the same subject matter,
the Planning Board may waive the filing of plans and documents to
the extent they duplicate those previously filed. Copies of the rules
and regulations concerning the large house plan review shall be filed
with the Town Clerk.
E.
Procedure.
(1)
The Planning Board shall hold a hearing within 35 days of the filing of an application with the Town Clerk for a large house plan review with respect to a residential building or structure having an RGFA exceeding the threshold established by Subsection B.
(2)
The Planning Board shall, within one week of receipt of site
plan application, transmit to appropriate Town boards and departments,
for review, one copy of the application and site plan.
(3)
Notice of such hearing shall be given to the applicant and all
abutters in the manner called for in the Planning Board rules and
regulations.
(4)
Within 14 days after the conclusion of the public hearing, the
Planning Board shall approve the application or approve the application
with conditions, and shall issue a written statement of this final
decision on the application. A copy of the decision shall be filed
with the Town Clerk.
(5)
Any building, reconstruction or expansion shall conform with
any conditions in the statement of approval, and in all other respects
with the application, plan, supporting documents and other representations
of the applicant.
(6)
Any substantial changes or design deviations from the reviewed
project must be approved by the Building Inspector as "minor" in nature
or the project must be resubmitted to the Planning Board for a subsequent,
additional review.
