A.
Purpose. The purpose of this section, Flexible Development, is to:
(1)
Promote more sensitive siting of buildings and better overall site
planning;
(2)
Encourage the preservation of open land for its scenic beauty and
to enhance agricultural, open space, forestry, and recreational use;
(3)
Preserve historical and archeological resources; to protect the natural
environment, including the Town's varied landscapes and water resources;
(4)
Protect the value of real property;
(5)
Perpetuate the appearance of the Town's traditional New England landscape;
(6)
Facilitate the construction, operation and maintenance of streets,
utilities, and public services in a more economical and efficient
manner;
(7)
Offer an alternative to standard subdivision development; and
(8)
Promote the development of housing affordable to low and moderate
income households.
C.
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 with more than five acres
held in common ownership and located entirely within the Town.
D.
Procedures. Flexible Development may be authorized upon the issuance
of a special permit by the Planning & Zoning Board (PZB). See
the PZB's Rules and Regulations for specific application and procedural
requirements. Applicants for Flexible Development shall file with
the PZB the following:
(1)
A development plan conforming to the requirements for a preliminary
plan as set forth in the Subdivision Rules and Regulations of the
PZB.
(2)
Where wetland delineation is in doubt or dispute, the PZB may require
appropriate documentation.
(3)
Data on proposed wastewater disposal, which shall be referred to
a consulting engineer for review and recommendation.
(4)
The PZB may also require as part of the development plan any additional
information necessary to make the determinations and assessments cited
herein, including proposed deed restrictions and condominium documents.
E.
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 & Zoning Board
that this Design Process was considered in determining the layout
of proposed streets, houselots, 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.[1]
[1]
Editor's Note: So in original.
(5)
Lot Lines. The final step is simply to draw in the lot lines (if
applicable).
F.
Modification of Lot Requirements. The PZB encourages applicants for
Flexible Development to modify lot size, shape, and other dimensional
requirements for lots within a Flexible Development, 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 Flexible Development; provided,
however, that the PZB 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 yards shall be at least 10 feet, unless specifically
allowed by the Planning & Zoning Board.
[Amended 5-16-2022 ATM by Art. 28]
(3)
Front
yards shall be at least 25 feet, unless specifically allowed by the
Planning & Zoning Board.
[Added 5-16-2022 ATM by Art. 28]
G.
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, subdivision regulations, health regulations, wetlands regulations
and other applicable requirements. The proponent shall have the burden
of proof with regard to the design and engineering specifications
for such conventional plan.
H.
Density Bonus. The PZB may award a density bonus to increase the
Basic Maximum Number of Dwelling Units in accordance with the following:
(1)
Transfer Lot. For each transfer lot, as defined in Article XI, up to two dwelling units may be added as a density bonus; provided, however, that this density bonus shall not exceed 20% of the Basic Maximum Number of Dwelling Units.
(2)
Additional Open Space. For an increase in the amount of required
contiguous open space of more than 15%, up to 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 of Dwelling
Units.
(3)
Cap. Any award of a Density Bonus shall not increase the number of
dwelling units by more than 30% of the Basic Maximum Number.
I.
Affordable Component. As a condition of the grant of any special
permit for a Flexible Development, a minimum of 10% of the Basic Maximum
Number of Dwelling Units (without inclusion of any density bonus)
shall be restricted in perpetuity or for the longest period allowed
by law. The affordable dwelling units shall be added onto the Basic
Maximum Number of dwelling units, not subtracted from it. Any calculation
resulting in a fractional unit of more than 0.4, shall be rounded
up.
[Amended 5-21-2018 ATM
by Art. 27]
(1)
As required for affordable housing to count towards the Easton's
Subsidized Housing Inventory ("SHI"), the applicant must comply with
low- or moderate-income housing regulations and guidelines of the
Local Initiative Program (LIP), 760 CMR 45.00, or another similar
state-approved program in effect on the date of application. The Board
shall condition any permit granted hereunder on the receipt of any
and all approvals by DHCD or any other applicable authority, to ensure
that the affordable units will be included on the Town's SHI.
(2)
Evidence must be provided to the PZB of a recorded Town and DHCD
approved deed restriction, designation of a monitoring agent acceptable
to the PZB, and a DHCD approved affirmative marketing plan prior to
issuance of the first occupancy permit.
J.
Types of Buildings. The Flexible Development shall consist exclusively
of single-family and/or two-family residential structures.
K.
Association Required. The applicant shall provide to the PZB for
its approval association documents to provide for the maintenance
of the roads, stormwater management facilities, and any common areas
in the Flexible Development.
L.
Roads. The principal roadway(s) serving the site shall be designed
to conform with the standards of the Planning & Zoning Board's
Subdivision Rules and Regulations and shall be maintained by an association
of unit owners or by the Applicant.
M.
Parking. Each dwelling unit shall be served by two off-street parking
spaces, unless this requirement is reduced by the PZB. Parking spaces
in front of garages may count in this computation.
N.
Contiguous Open Space. A minimum of 20% 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 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 or ledge; 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 Subsection A, 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 PZB may permit up to 20% 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 to serve the Flexible Development site may
be located within the contiguous open space.
O.
Ownership of the Contiguous Open Space. The contiguous open space
shall, at the PZB'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 such open space set forth
above;
(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. 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 &
Zoning Board for approval, and shall thereafter be recorded.
P.
Buffer Areas. 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 PZB may waive the buffer
requirement (i) where the land abutting the site is the subject of
a permanent restriction for conservation or recreation or the Board
determines that a smaller buffer will suffice to accomplish the objectives
set forth herein.
Q.
Stormwater Management. Stormwater management shall be consistent
with the requirements for subdivisions set forth in the Rules and
Regulations of the Planning & Zoning Board.
R.
Former OSRD. Any dwelling located in an Open Space Residential Development may be altered pursuant to the procedures set forth in § 235-23.
S.
Decision. The PZB may approve, approve with conditions, or deny an application for a Flexible Development after determining whether the Flexible Development better promotes the purposes of § 235-37A of this Flexible Development By-Law than would a conventional subdivision development of the same locus.
T.
Relation to Other Requirements. 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 chapter.
A.
Definition. An Assisted Living Residence is a residential facility
occupied primarily by persons 55 years of age and older including
their spouses or surviving spouses, and including rooms occupied by
resident staff personnel, all as licensed under MGL c. 19D. An Assisted
Living Residence (ALR) may include the full range of nursing care
from total to only partial assistance, and may provide shared food
preparation services, limited residential unit food preparation areas,
and common recreational, laundry, social, medical and service facilities
for the exclusive use of residents of the ALR.
B.
Special Permit Required. An ALR may be allowed by special permit
from the Planning & Zoning Board if the following conditions are
met.
C.
Conditions. The following conditions apply to any ALR:
(1)
The architecture and scale of the proposal shall be consistent with
the character of the neighborhood.
(2)
Public or private roads which lead to the property shall be of adequate
design, width, and condition to handle proposed traffic.
(3)
Proposed traffic shall not severely change the character of the neighborhood.
(4)
The Board of Health shall confirm that the ALR can be accommodated
with respect to onsite water, onsite septic disposal or sewer, and
any other standards of the Board of Health.
(5)
Parking areas shall be screened from adjacent streets and properties,
and shall have landscaped areas within the parking area to reduce
the impact of large paved areas.
(6)
Signs shall be limited to one identification sign no more than six
square feet in area except for traffic/parking/pedestrian regulation
signs as required by the Planning & Zoning Board. A second identification
sign may be allowed if the Planning & Zoning Board determines
it is needed.
(7)
All lighting units shall be located no higher than 14 feet, with
lights shielded to direct light downward. Lighting shall not cause
glare onto abutting properties.
D.
Accessory Adult Day Care. The Planning & Zoning Board may allow
adult social day care as an accessory use, and may place limits on
the number of persons served by such facility and its hours of operation.
E.
Density. The maximum number of residential units or beds allowed
on a site shall be determined by the Planning & Zoning Board based
on such factors as, but not limited to, impact on the neighborhood,
affordability for residents, quality of life, and provision for adequate
open space, recreational facilities, parking, landscaping, and buffers.
A.
Standards. A bed and breakfast with up to three guest rooms is allowed
subject to site plan approval. A bed and breakfast with from four
to 10 guest rooms is allowed by special permit from the Planning &
Zoning Board. Both are subject to the following conditions:
(1)
Parking must be off street, on premises, with one space per room
rented and one per owner.
(2)
No other uses except for customary home occupation permitted on the
property.
(3)
No additions or external modifications may be made to the property
for lodging use.
(4)
Certificate of occupancy required subject to annual inspection.
A.
Conditions. For any building intended for three or more dwelling
units to be constructed, the following conditions shall apply:
(1)
Maximum number of bedrooms per 60,000 square-foot lot: three bedrooms.
The maximum number of bedrooms per dwelling unit shall not exceed
three.
(2)
In the case of lots in excess of 60,000 square feet in area, the
requirements shall be the same as set forth herewith with the exception
that 20,000 square feet of land shall be required for each single
bedroom dwelling unit and 20,000 square feet of land shall be required
for each additional single bedroom. However, in no case shall the
maximum number of bedrooms in any building exceed 10 bedrooms.
(3)
Each dwelling unit shall have two separate exits.
(4)
Inner courts shall not be permitted.
(5)
There shall be a paved driveway a maximum length of 200 feet from
the front lot line, paved walk, unobstructed way or any combination
thereof, adequate to accommodate fire apparatus within forty feet
of the building.
(6)
Automobile parking spaces shall be required within the lot area.
There shall be paved parking spaces for automobiles that shall not
be less than 1.75 automobile spaces for each dwelling unit and reasonably
accessible. Such parking spaces shall not be within 15 feet of any
lot line. All parking facilities so provided are to be for the exclusive
use of residents of the property or their guests.
(7)
Screening and buffers shall be required along the side lot lines.
This strip shall be at least 20 feet in width; it shall contain a
screen of trees and shrubs at the time of occupancy of such lot and
shall be maintained by the owners. A solid wall or fence not to exceed
six feet in height, complemented by suitable plantings, may be substituted
for such landscape buffer strip. The strip may be part of the yard
area.
(8)
No apartment dwelling units shall be allowed in a basement story.
B.
Reduction of Parking Requirement. Notwithstanding anything to the
contrary herein, any minimum required amount of parking may be reduced
through issuance of a special permit, upon a demonstration to the
reasonable satisfaction of the Planning & Zoning Board that the
lesser amount of parking will not cause excessive congestion, endanger
public safety, or that lesser amount of parking will provide positive
environmental or other benefits; taking into consideration:
(1)
The availability of surplus off street or on street parking in the
vicinity of the use being served and/or the proximity of a bus station
or major transportation route;
(2)
The availability of public or commercial parking facilities in the
vicinity of the use being served;
(3)
Shared use of off street parking spaces serving other uses having
peak user demands at different times;
(4)
Age or other occupancy restrictions which are likely to result in
a lower level of auto usage;
(5)
Impact of the parking requirement on the physical environment of
the affected lot or the adjacent lots including reduction in green
space, destruction of significant existing trees and other vegetation,
destruction of existing dwelling units, or loss of pedestrian amenities
along public ways; and
(6)
Such other factors as may be considered by the Planning & Zoning
Board.
A.
Purpose. The purposes of this Section are:
(1)
To provide an alternative housing opportunity for persons 55 years
of age and older;
(2)
To provide an attractive and suitable residential environment that
is more amenable to the needs of people in their later years;
(3)
To encourage creative and innovative site planning and design, in
order to enhance the attractiveness and suitability of this alternative
housing type, and to better meet the specific housing needs of this
segment of the population; and
(4)
To encourage the preservation of common land for open space and recreational
use by promoting the highest and best utilization of land in harmony
with its natural features, and to retain the rural character of the
town.
C.
Special Permit. In the Residential, Business and Industrial Districts,
the Planning & Zoning Board may grant a Special Permit for an
Adult Retirement Development (ARD) as an alternative to conventional
subdivision. Subdivision approval pursuant to MGL c. 41 is also required.
E.
Permitted Uses. Land in the ARD is specifically limited to single
family and two-family dwellings, with residence and occupancy by persons
who have achieved a minimum age of 55 years of age, in accordance
with MGL c. 151B, as it may be amended, and community facilities for
residents of the ARD and their guests.
F.
Area and Dimensional Requirements.
(1)
Minimum Tract Size. The Tract of land for an ARD must contain at
least 10 acres and have at least 40 feet of frontage on a public way.
(3)
Minimum Yard Requirements. See Table of Dimensional and density Regulations.
(4)
Building Location Requirements. No building (except accessory structures
not in excess of 65 square feet) shall be located within 25 feet of
a public way or private way; within 30 feet of the boundary line of
the ARD; or within 30 feet of any designated Common Land. The Planning
& Zoning Board may require larger setbacks and distances, and
it may permit smaller setbacks and distances if it finds that such
smaller setbacks will not detract from the purpose and intent of the
ARD.
(5)
Number of Dwellings. The maximum number of ARD dwelling units in
the Town of Easton shall be limited to a number equivalent to 5% of
the existing single-family residential housing units (excluding ARD
units) location in the Town of Easton. The number of single-family
residential housing units for the purpose of this chapter shall be
established by the Board of Assessors as of January 1 of the calendar
year, in which the special Permit application is filed.
(a)
The maximum number of dwelling units permitted in an ARD shall
be computed by dividing the developable area of the ARD tract (in
square feet) by 1/2 of the minimum lot size required in the underlying
zoning district. For the purpose of this computation, the "developable"
area shall be the total area of the tract, including the Common Land,
but excluding all streams, ponds, wetlands, one-hundred-year floodplains,
drainage easements, and areas subject to existing valid open space
restrictions.
(6)
Streets and Utilities. All streets in the ARD shall be private ways.
All streets, and all sewage, drainage facilitates, and utilities,
shall be designed and constructed in compliance with the Town of Easton
Subdivision Rules and Regulations, except as specifically modified
by the following design standards:
G.
Conditions. Any plan approved as an ARD must contain or refer to
recorded covenants regarding each of the following:
(1)
The streets within the ARD shall remain permanently a private way,
which shall not be extended;
(2)
The Private Way shall not be connected to any other way except where
it originates on a public way; except another private way within the
ARD.
(3)
The lots shall obtain access from the Private Way if, and only if,
ownership of the lot provides automatic membership in a homeowner
association or any other entity responsible for all maintenance and
snow removal of or from the Private Way. The homeowners association
or entity hereafter shall retain all rights in the Private Way.
(4)
The Private Way does not meet the standards of the Town for acceptance
for new ways and shall not be proposed for such acceptance.
(5)
A perpetual easement in favor of the Town of Easton shall be granted
to allow access to and maintenance of public utilities as appropriate.
H.
Common Land; Dimensional Requirements. In an ARD, at least 30% of
the total tract area shall be set aside as Common Land for the use
of the ARD residents. The following additional requirements shall
apply:
(1)
The minimum required area of the Common Land shall not contain a
greater percentage of wetlands than the percentage of wetlands areas
found in the overall tract of land on which the ARD is located.
(2)
Common Land shall be planned as large, contiguous parcels whenever
possible. Strips or narrow parcels of Common Land shall be permitted
only when necessary for providing access to the Common Land from a
public or private way, or if the Planning & Zoning Board finds
that a vegetated buffer strip along the site's perimeter is appropriate
and consistent with the purpose of ARD development.
(3)
Common Land may be set aside in more than one parcel provided that
the size, shape, and location of such parcels are suitable for the
designated uses.
(4)
The Common Land shall include adequate upland access from a way public
or private.
I.
Use of the Common Land. The Common Land shall be dedicated and used
for natural resource protection, recreation, park-purposes, Community
Facilities, outdoor education, agriculture, horticulture forestry,
or for any combination of such uses. The following requirements shall
apply:
(1)
A portion of the Common Land may also be used for the construction
of leaching areas associated with septic disposal systems serving
the ARD or for water supply wells serving the ARD, if the Planning
& Zoning Board determines that such use will enhance the specific
purpose of the ARD and promote better overall site planning. Septic
disposal easements shall be no larger than reasonably necessary. If
any portion of the Common Land is used for the purpose of such leaching
areas or wells, the Planning & Zoning Board shall require adequate
assurances and covenants that such facilities shall be maintained
by the lot owners within the ARD.
(2)
A portion of the Common Land may also be used for ways serving as
pedestrian walks, bicycle paths and emergency access or egress to
the Common Land or adjacent land, if the Planning & Zoning Board
determines that such a use will enhance the specific purpose of the
ARD and promote better overall site planning, and if the Planning
& Zoning Board finds that adequate assurances and covenants exist
to ensure proper maintenance of such facilities by the owner(s) of
the Common Land.
(3)
The Common Land may be subject to easements for the construction,
maintenance, and repair of utility and drainage facilities serving
the ARD or adjacent parcels.
(4)
The Common Land shall remain unbuilt upon, provided that an overall
maximum of 10% of such land may be subject to pavement and structures
accessory to the dedicated use or uses of the Common Land, exclusive
of private ways.
(5)
The proposed use of the Common Land shall be specified on a plan,
and appropriate dedications and restrictions shall be part of the
deed to the Common Land.
(6)
The Planning & Zoning Board shall have the authority to approve
or disapprove particular uses proposed for the Common Land in order
to enhance the specific purposes of the ARD and to further efforts
to equitably distribute a variety of open space benefits throughout
the ARD community.
J.
Ownership of Common Land.
(1)
The Common Land shall be conveyed in the whole or in part to a corporation
or trust owned or to be owned by the owners of the dwelling units
within the ARD; or to an entity responsible for the management of
the ARD; or to a nonprofit entity, the principal purpose of which
is the conservation of open space. The Planning & Zoning Board
shall approve the form of ownership of the Common Land.
(2)
If any portion of the Common Land is not conveyed to the Town of
Easton, a perpetual restriction, approved by the Planning & Zoning
Board and enforceable by the Town of Easton, shall be imposed on the
use of such land, providing in substance that the land be kept in
its open or natural state and that the land shall not be built upon
or developed or used except in accordance with provisions of an ARD
as set forth herein and, if applicable, as further specified in the
decision of the Planning & Zoning Board governing the individual
ARD.
(3)
The proposed ownership of all Common Land shall be specified for
the ARD.
(4)
At the time of its conveyance (if applicable), the Common Land shall
be free of all encumbrances, mortgages or other claims (including
pre-existing conservation easements or restrictions), except as to
easements, restrictions and encumbrances required or permitted by
this chapter.
K.
Site Development Standards.
(1)
Within the ARD, adequate access shall be provided to each dwelling
unit. Such access shall be convenient and appropriate for residents
and emergency services.
(2)
To the greatest extent possible, open spaces, common land, house
sites, streets and house lots shall be designed with due respect to
natural landscape features, scenic views, topography, soils, and natural
drainage patterns.
(3)
All utilities shall be installed underground.
(4)
Within the ARD, there shall b a buffer zone of at least 25 feet in
width around the entire perimeter of the Development. The buffer zone
shall include natural vegetation, plantings, walls, fences, or vegetated
earthen berms to provide a screening barrier between the development
and the abutting properties. Screening plantings shall be provided
between the wall or fence and the abutting property. The buffer zone
and its associated screening barrier shall be designated on the Special
Permit Plan. The detailed plan for planting and screening shall be
prepared by a Registered Landscape Architect and shall be part of
the Special Permit application. The actual requirements regarding
buffering, plantings and screening shall be determined by the SPGA,
the Planning & Zoning Board, as part of the Special Permit process.
(5)
Retail sales and/or services may be provided within the ARD site
for the convenience of residents and guests only. Signage for such
sales or services shall be building-mounted only; sign area shall
not exceed six square feet; there shall be only one identification
sign per business; and signage shall not be illuminated. All commercial
uses within the development shall be delineated as part of the special
permit application and must be specifically approved by the SPGA as
an integral part of the special permit. Adequate parking for the approved
commercial uses, as determined by the SPGA, shall be provided and
depicted on the plan.
(6)
The ARD shall conform with the requirements for a self-contained
retirement community as established by MGL c. 151B, § 5,
Subsection 8, together with any amendment thereto.
L.
Pre-Submission Meeting. Prior to submission of the special permit
application to the Board, the applicant is strongly advised to meet
with the Town Planner or other Board designee to review the proposed
development of the parcel of land, in order to explore general conditions
involving the site and to discuss potential problems. Pencil sketches,
which need not be professionally prepared, will assist in this discussion,
and should show the critical features of the ARD plan.
M.
Special Permit Application and Definitive Subdivision Plan. The special
permit application shall contain a plan in the form and with the contents
required of a Definitive Subdivision Plan by the Easton Subdivision
Rules and Regulations. The applications for Special Permit and for
approval of a Definitive Subdivision Plan shall be file concurrently.
To the extent permitted by law, the Planning & Zoning Board shall
consider both applications at the same time.
N.
Special Permit Criteria. In addition to the criteria set forth in § 235-56B, in evaluating the proposed ARD, the Planning & Zoning Board shall consider:
(1)
The general purpose and objectives of this chapter;
(2)
The existing and probable future development of surrounding areas;
(3)
The appropriateness of the proposed layout of streets, ways, lots
and structures;
(4)
The proposed layout and use of the Common Land in relation to the
proposed dwelling units in the ARD, adjoining public or private common
land or open space, or the topography, soils and other characteristics
of the tract of land in question;
(5)
Whether the application complies with the requirements of this § 235-41, other applicable requirements of the Zoning By-laws and any regulations and guidelines promulgated there to, where applicable, the construction and design standards of the Easton Subdivision Rules and Regulations;
(6)
Whether the application is consistent with the purposes of this section;
and
(7)
Whether the application is in harmony with the existing and probable
future uses of the area and with the character of the surrounding
area and neighborhood.
O.
Phasing. If the special permit granted under this section is for
more than 100 units, the SPGA may, at its discretion, specify that
the construction of the ARD shall be phased in accordance with the
following schedule:
(1)
PHASE I (0-12 months from issuance of special permit): Total number
of building permits issued for dwelling units shall not exceed 50%
of the total number of dwelling units approved under this special
permit;
(2)
PHASE II (12-24 months from issuance of special permit): Total number
of building permits issued for dwelling units shall not exceed 75%
of the total number dwelling units approved under this special permit;
(3)
PHASE III (24-36 months from issuance of special permit): Total number
of building permits issued for dwelling units may equal the total
number of dwelling units approved under this special permit.
P.
Special Permit Conditions. As a condition of approval, the Planning
& Zoning Board may require such changes in the proposed development
plans and may impose such conditions and safeguards as it deems necessary
to secure the objectives of this chapter, and to protect the health,
safety, and welfare of the inhabitants of the neighborhood and of
the Town of Easton.
Q.
Change in Plans After Grant of Special Permit. No change in any aspect
of the approved plans shall be permitted unless approved in writing
by the Planning & Zoning Board. A new or amended special permit
will be required if the Planning & Zoning Board determines any
proposed change to be substantial.
R.
Building Permits. No building permit shall be issued for any structure
within an approved ARD unless such structure is in compliance with
this chapter and terms and conditions of any special permit there
under.
A.
Purpose. The purpose of this Section is:
(1)
To provide sub-dividers an option to develop a parcel of land under
less stringent requirements, where, and only where, the Board determines
that such alternative procedures will promote development of the parcel
in the best interests of the Town.
(2)
To promote a lower density of housing than is normally allowed through
conventional subdivision.
(3)
To alleviate the Town's short-and long-term costs for road maintenance
and lighting.
(4)
To minimize construction in or near environmentally sensitive areas.
(5)
To preserve the rural character of the Town.
B.
General Provisions. The Planning & Zoning Board may grant a special
permit to allow the development of a subdivision as a Residential
Compound. Subdivision approval, pursuant to MGL c. 41, is also necessary.
C.
Eligibility. To qualify for consideration as a Residential Compound,
the subdivision must satisfy all of the following conditions:
(1)
The Residential Compound must create at least three but not more
than eight lots, be located entirely in a district in which single-family
residences are permitted, and have a minimum of 40 feet of frontage
on an existing public way in Easton.
(2)
The average contiguous upland area of the lots so created shall be at least 1 1/2 times the minimum lot size set forth for the district in Article IV. No lot shall have less than the minimum lot size for the district.
(3)
All lots in a Residential Compound shall have ingress and egress
to a Private Lane, ownership of and rights to which shall be retained
by a homeowners' association.
(4)
The minimum frontage of each lot on the Private Lane shall be at
least 75 feet.
(5)
The Private Lane shall extend from a Town of Easton Accepted or public
way, and shall end in a cu-de-sac or connect back to itself.
(6)
A buffer zone of at least 75 feet in width of indigenous vegetation
shall separate the new structures in the development from any adjacent
public way. The buffer zone shall provide a dense vegetative screen,
which shall be supplemented by additional indigenous vegetation, and
landscaping that is designed to block the view of the residential
structures from the existing public way.
D.
Pre-Submission Meeting. Prior to submission of the special permit
application, it is strongly advised that the applicant meet with the
Town Planner or other Board designee to review the proposed development
of the parcel of land, in order to explore general conditions involving
the site and to discuss potential problems. Pencil sketches, which
need not be professionally prepared, will assist in this discussion
and should show the critical features of the Residential Compound
plan.
E.
Special Permit Application and Definitive Subdivision Plan. The special
permit application shall contain a plan in form and with the contents
required of a Definitive Subdivision Plan by the Easton Subdivision
Rules and Regulations. The application for a special permit and for
approval of a Definitive Plan shall be filed concurrently. To the
extent permitted by law, the Planning & Zoning Board shall consider
both applications at the same time.
F.
Planning & Zoning Board Approval. The Planning & Zoning Board may approve a Residential Compound Subdivision after considering, in addition to the criteria set forth in § 235-56B, whether the Residential Compound, as compared to a conventional subdivision of the same parcel, is likely to:
(1)
Reduce the number of lots having egress onto existing streets;
(2)
Reduce the number of lots having frontage on existing public ways;
(3)
Reduce cut and fill in road construction and subdivision development;
(4)
Promote public safety and welfare, particularly with regard to traffic
and pedestrian safety;
(5)
Be constructed in a manner which will have the least visual impact
on the parcel of land in question as viewed from the public way providing
access to the Residential Compound subdivision, or from adjacent residentially
zoned properties;
(6)
Produce less irregularly shaped or contorted lot configurations;
(7)
Promote housing affordable to persons or families of low or moderate
income, as defined by the standards and criteria of the Massachusetts
Department of Housing & Community Development; or
(8)
Afford protection to the town's groundwater resources.
G.
Conditions. Any plan approved as a Residential Compound must contain
or refer to recorded covenants regarding each of the following:
(1)
The Private Lane shall remain permanently a private way, which shall
not be extended.
(2)
The Private Lane shall not be connected to any other way except where
it originates on a public way.
(3)
Ownership of a lot in the Residential Compound shall confer automatic
membership in a homeowner association responsible for all maintenance
of and snow removal from the Private Lane. The homeowners association
shall retain ownership of and all rights in the Private Lane.
(4)
The Private Lane does not meet the standards of the Town for acceptance
for new ways and shall not be proposed for such acceptance.
(5)
The homeowners association shall indemnify, hold harmless and release
the Town from liability for any damages resulting from an action brought
by a third party or the association in any court due to the repair,
use, or maintenance of the Private Lane.
(6)
A perpetual easement in favor of the Town of Easton shall be granted
to allow access to and maintenance of public utilities as appropriate.
H.
Private Lanes. Private Lanes shall have:
(1)
A leveling area of at least 40 feet in length from the street pavement
with a minimum width of 20 feet of pavement in accordance with the
Subdivision Regulations (except where such paving is prohibited by
other Town By-laws), and sloped not more than 4% grade for the 40
feet it extends from the street pavement.
(2)
A center line intersection with the street centerline of not less
than 60%.
(3)
A roadway surface, on that portion of the Private Lane extending
beyond the leveling area, of a minimum of six inches of graded gravel,
placed over a properly prepared base, graded and compacted to drain
from the crown. Where the property rises in elevation from the street,
the way shall be paved from the street to the first high point (break
in grade) in order to prevent erosion toward the street, except where
such paving is prohibited by other Town By-laws.
(4)
Proper drainage appurtenances, where required, to prevent washout
and excessive erosion, with particular attention to the leveling area,
so that water draining onto the street surface from the leveling area
is eliminated to the maximum extent feasible.
(5)
A roadway surface, on the at portion of the Private Lane extending
beyond the leveling area, with a minimum width of 18 feet for its
entire length, and a minimum right-of-way width of 30 feet for its
entire length.
(6)
A turnaround or cul-de-sac of not less than 30 feet in depth and
40 feet in width provided at the end of the terminus.
(7)
A buffer zone of indigenous vegetation supplemented by new plantings
and landscaping as may be required by the Planning & Zoning Board
separating the Private Lane from any pre-existing residential lot
line.
I.
Rules and Regulations. The Planning & Zoning Board shall establish,
and from time to time amend, regulations for the administration of
this Section, including a schedule of filing fees to cover to the
costs of processing and engineering review by Town personnel, and
review fees to cover the costs of expert technical review by outside
consultants.
A.
Special Permit. The Planning & Zoning Board may grant a special
permit for development on a lot in the Residential District with less
than the required amount of frontage, according to the criteria for
"estate lots" as set forth herein. Estate lots shall comply with all
of the General Requirements set forth below, and with the Requirements
for pre-existing estate lots or newly-created estate lots as may be
applicable.
B.
General Requirements.
(1)
The applicant shall submit an Approval Not Required (ANR) Plan under
the Subdivision Control law depicting the estate lot and the conforming
lots (if any). The Approval Not Required Plan shall take the place
of the plan otherwise required for special permit applications.
(2)
A building area shall be designated on the plan, and the width of
the estate lot at the widest portion of the building area shall equal
or exceed the number of feet normal required for street frontage in
the district.
(3)
Lot width for the estate lot shall at no point be less than 40 feet, and lot frontage shall be not less than 40 feet. Frontage shall meet all of the requirements contained in the definition for "frontage" in Article XI.
(4)
Front, rear and side yard depths shall equal or exceed those required
in the district.
C.
Pre-Existing Estate Lots. A pre-existing lot lacking the minimum
frontage requirement for the district may be utilized for any use
permitted in the district provided that all of the following conditions
are met for the estate lot:
(1)
The area of the estate lot shall be at least three times the minimum
area normally required for the district.
(2)
The estate lot shall have existed in separate ownership from any
abutting lot. Documentation to this effect shall be submitted to the
Planning & Zoning Board. The Building Commissioner shall not issue
a building permit for any estate lot without first establishing that
compliance with this provision has been determined by the Planning
& Zoning Board.
D.
Creation of New Estate Lots. A lot may be divided into an estate lot and one or more lots each of which conforms to all applicable dimensional regulations in Article IV provided that all of the following conditions can be met for the estate lot:
(1)
The area of the estate lot shall be at least double the minimum area
normally required for the district.
(2)
Not more than one estate lot shall be created from a lot, or a set
of contiguous lots held in common ownership. Documentation to this
effect shall be submitted to the Planning & Zoning Board along
with the application for Approval Not Required Plan under the Subdivision
Control Law. The Building Commissioner shall not issue a building
permit for any estate lot without first establishing that compliance
with this provision has been determined by the Planning & Zoning
Board.
(3)
At the time of the creation of the estate lot, it shall be held in
common and contiguous ownership with the front lot from which the
estate lot is proposed to be created.
(4)
The sight distance at the intersection of the estate lot driveway
and the street shall be such as to provide for safety to all vehicular
traffic.
(5)
The existing drainage patterns shall not be disrupted by the construction
of a driveway on the reduced frontage portion of the estate lot. A
grading and sloping plan, showing existing and proposed conditions,
shall be submitted with the special permit application to demonstrate
compliance with this requirement.
A.
Purpose. The purpose of this Section is:
(1)
To provide an opportunity for family members who choose to live in
close proximity, but separate from other family members, to remain
within that family environment;
(2)
To provide for the health and security concerns of elder or disabled
homeowners who wish to remain in their homes;
(3)
To protect residential stability, property values and the single-family
character of neighborhoods;
(4)
To make it possible for the Town to supervise and monitor such additions
for code compliance and safety;
C.
Use and Dimensional Regulations. The Building Commissioner may issue
a building permit authorizing the installation and use of an In-Law
Apartment within or attached to an existing or new owner-occupied,
single-family dwelling only when the following conditions are met:
(1)
The In-Law Apartment will be a complete, separate housekeeping unit
containing both kitchen and bath.
(2)
The In-Law Apartment must be accessory to a single family dwelling
and only one In-Law Apartment may be created on any lot.
(3)
The owner(s) of the single family dwelling for which the In-Law Apartment
is created must continue to occupy at least one of the dwelling units
on the property as their primary residence, except for bona fide temporary
absences.
(4)
Any front facing entrance must be subordinate in appearance to the
main entrance. Numbering in a form acceptable to the Fire Department
must indicate to emergency personnel the existence of an additional
unit on the lot.
[Amended 5-16-2022 ATM by Art. 31]
(5)
The gross floor area of an In-Law Apartment (including any additions)
shall not be greater than 25% of the gross habitable living area of
the primary single family dwelling unit, or 900 square feet, whichever
is smaller. However, where 25% of the primary single family dwelling
unit would be less than 900 square feet, the SPGA may permit up to
900 square feet floor area where they determine the apartment will
be constructed so as to maintain the appearance and essential character
of a one-family dwelling, and any existing accessory structures and
the character of the existing neighborhood.
[Amended 5-21-2018 ATM
by Art. 30]
(6)
Once an In-Law Apartment has been added to a single family residence
or lot, the In-Law Apartment shall never be enlarged beyond the 900
square feet allowed by this chapter.
(7)
One additional off-street parking space shall be provided for use
by the occupant(s) of the In-Law Apartment.
D.
Notarized Letter. Prior to issuance of a building permit, the owner(s)
must send a notarized letter to the Building Commissioner stating
that the owner will occupy one of the dwelling units on the premises
as the owner's primary residence, except for bona fide temporary absences.
The owner shall also record a copy of the letter at the Registry of
Deeds.
E.
Floor Plan. Prior to issuance of a building permit, a floor plan
must be submitted showing the proposed interior and exterior changes
to the building.
F.
Transfer. When a single family dwelling, which has received a permit
for an In-Law Apartment, is sold, the new owner(s), if they wish to
continue the use, must, within 30 days of the sale, submit a notarized
letter to the Building Commissioner stating that they will occupy
one of the dwelling units on the premises as their primary residence,
except for bona fide temporary absences. The new owner shall also
record a copy of the letter at the Registry of Deeds.
G.
Administration and Enforcement. It shall be the duty of the Building
Commissioner to administer and enforce the provisions of this Section.
(1)
No In-Law Apartment may be created or constructed until the Building
Commissioner has issued a permit. No permit shall be issued until
a sewage disposal works permit, when applicable, has first been obtained
from the Board of Health and the proposed building and location thereof
conform with the town's laws and bylaws. Any new building or structure
shall conform to all adopted state and town laws, bylaws, codes and
regulations. No In-Law Apartment shall be occupied until a certificate
of occupancy has been issued by the Building Commissioner where required.
(2)
The Building Commissioner shall refuse to issue any permit for an
In-Law Apartment which would result in a violation of any provision
of this chapter or in a violation of the conditions or terms of any
special permit or variance granted by the Board of Appeals or its
agent.
(3)
The Building Commissioner shall issue a cease and desist order on
any work in progress or on the use of any premises, either of which
are in violation of the provisions of this Section.
A.
Purpose.
(1)
The purpose of this Section is to promote the public welfare by:
(2)
Units created through these provisions are intended to be meet the
requirements of MGL c. 40B, §§ 20-24 and of any comparable
affordable housing programs, and to be recognized as Local Initiative
Units as defined by the Department of Housing and Community Development
(DHCD).
C.
Applicability. In all zoning districts, the provisions of this Section shall apply to any subdivision developed in conjunction with a special permit for a Residential Compound or Adult Retirement Development. The development of any such project shall require the grant of a separate special permit from the Planning & Zoning Board under this Section. Flexible Development, § 235-37, has its own affordable unit requirement.
D.
Required Affordable Units. As a condition for granting any special
permit hereunder, applicants shall contribute to the Town's stock
of affordable units in accordance with the following requirements:
(1)
In any subdivision developed in conjunction with a special permit for a Residential Compound or Adult Retirement Development, the applicant shall be required to set aside 20% of the units so created as affordable units, except as the provisions of Subsection F, below, shall apply.
(2)
The required affordable units shall contain 20% of the bedrooms in
the project as a whole.
(3)
In determining the total number of required affordable units or bedrooms,
a fractional unit of 0.4 or more shall be regarded as a whole unit
or bedroom.
E.
Standards. Projects containing affordable units shall meet the following
standards:
(1)
Projects shall not be segmented or phased to avoid compliance with
these provisions.
(2)
Affordable units shall be dispersed throughout the project and shall
be indistinguishable from market rate units in external appearance.
The affordable units shall have the same mechanical systems as market
units, except that affordable units with up to two bedrooms may have
only one bathroom, affordable units with three or more bedrooms shall
have at least 1.5 bathrooms. Affordable units shall have the same
finishes and appliances as the market rate units except where the
Planning & Zoning Board specifically approves, in advance, a request
for different finishes and/or appliances.
(3)
The affordable units shall contain square footage which is no less
than:
(4)
Sales prices, resale prices, initial rents, and rent increases for
the affordable units shall be established in accordance with this
section and the Comprehensive Permit Guidelines, as further clarified
in the Affordable Housing Guidelines and shall be permanently restricted,
to the extent legally permissible, to ensure long-term affordability.
(5)
The Town may establish a system of priorities for selecting buyers
or renters, in accordance with the Affordable Housing Guidelines,
and subject to federal and state housing laws.
(6)
The Town may require that lessees of affordable rental units meet
income recertification requirements upon renewal of lease terms, in
accordance with the Affordable Housing Guidelines.
(7)
Affordability restrictions shall be embodied in applicable deed covenants,
restrictive covenant agreements, other contractual agreements, land
trust arrangements, and/or other mechanisms designed to ensure compliance
with this section.
(8)
Covenants and other documents necessary to ensure compliance with
this section shall be executed and, if applicable, recorded prior
to and as a condition of the issuance of any building permit or certificate
of occupancy, as the Planning & Zoning Board shall deem appropriate.
F.
Alternative Requirements for Affordable Units. Subject to a finding
by the Planning & Zoning Board that the result will be advantageous
to the Town in creating or preserving affordable units and not result
in the undue concentration of affordable units, the requirements of
this section may be satisfied through one or more of the following
methods, listed in the order of preference:
(1)
Off-Site Location. Affordable units may be located on an alternative
site or sites in Easton suitable for housing use, preferably in the
same neighborhood as the on-site development. While off-site affordable
units may be located in an existing structure, the potential for displacement
of existing tenants shall be considered by the Planning & Zoning
Board. Affordable units provided through this alternative method shall
comply in all other respects other with the requirements of this section.
The applicant's Affordable Housing Plan shall show that the applicant
shall provide a greater affordable housing benefit to the Town than
would have been provided on site.
(2)
Cash Payment. The applicant may choose to make a cash payment to
the Housing Trust, as clarified in the Affordable Housing Guidelines.
G.
Procedures. All projects shall comply with the following procedures
as applicable:
(1)
Pre-Application Meeting. The applicant shall convene a pre-application
meeting with the Planning & Zoning Board to discuss the project
proposal and affordable housing requirements.
(2)
Submittal of Affordable Housing Plan. The applicant shall fill out
and submit an Affordable Housing Plan form to the Department of Planning
and Community Development prior to making an application for a building
permit. This form requires the following information:
(a)
On-Site Unit Projects. Applicants electing to develop on-site
affordable units shall provide a schedule of all project units by
location, square footage, unit types, number and types of rooms, and
location of affordable units.
(b)
Cash Contribution Projects. Applicants electing to make a cash
contribution in lieu of providing affordable units shall provide a
statement of the number of project units and the corresponding formula
required by the Affordable Housing Guidelines.
(c)
Alternative Requirements. Applicants proposing to employ Alternative
Requirements for Affordable Units, above, shall provide a proposal
specifying the buildings, off-site affordable units, and/or cash contribution;
and a schedule and proposed security for providing these.
(3)
Planning & Zoning Board Application. The applicant shall make
a formal application for a special permit to the Town Clerk.
(4)
Affordable Housing Trust Fund Board of Trustees Review. Except for
applications proposing cash contributions, the Affordable Housing
Trust Fund Board of Trustees shall, in the next regularly scheduled
meeting after necessary public notice, review the Affordable Housing
Plan and prepare a recommendation to the Planning & Zoning Board.
(5)
Planning & Zoning Board Review. The Planning & Zoning Board
shall meet to hear the special permit application. The Planning &
Zoning Board decision may require modifications, conditions, and safeguards,
including documentation regarding affordability and funding commitments
reasonably related hereto, and shall explain any deviation from Affordable
Housing Trust Fund Board of Trustees recommendations in writing in
its decision.
H.
Conditions.
(1)
The Planning & Zoning Board shall require that a Revised Affordable
Housing Plan, which shall include any conditions in the grant of a
special permit from the Planning & Zoning Board, shall be submitted
to the Planning Director for final approval prior to the issuance
of a building permit. For projects providing affordable units, the
Affordable Housing Plan shall include a reference to specific floor
plans of the affordable units that shall be attached to the plan.
For projects providing cash or other contributions, the revised Affordable
Housing Plan shall set forth a detailed description, if applicable,
and schedule for contributions, including any documentation required
to secure such, in accordance with the Affordable Housing Guidelines.
The Revised Affordable Housing Plan shall be legally binding as part
of a special permit which shall refer to it in any decision.
(2)
Where set forth as a condition in the approved Revised Affordable
Housing Plan, no building permit shall be issued until the applicant
submits to the Director of the Department of Planning and Community
Development a proper bond, or other financial instrument designed
to secure performance of the requirements of this section.
(3)
No building permit shall be issued until the applicant submits proof
that the special permit decision has been recorded and that the Planning
Director has issued a final approval letter for the Revised Affordable
Housing Plan.
(4)
The Planning & Zoning Board may impose conditions in which the
Building Commissioner may limit, restrict, or withhold the issuance
of a certificate of occupancy for any market rate unit(s) in a development
until:
(5)
Prior to issuance of any certificate of occupancy for the a project
including affordable units, the applicant shall submit to the Director
of Planning and Community Development for approval a plan for marketing
and selection of occupants; initial rents or sales prices for the
units designated as affordable; and, prior to their being recorded,
condominium, cooperative or other homeowner association documents,
as appropriate. For projects including affordable units for rent,
this plan shall be recorded as a part of the affordable housing restriction
set forth herein. All plans shall be consistent with the Affordable
Housing Guidelines.
(6)
Initial Sales/Rental will be through a lottery implemented by a qualified
nonprofit housing agency such as the Easton Housing Authority, the
South Shore Housing Development Corporation, or the Citizens Housing
and Planning Association, and a comparable agency will oversee re-sales
or re-rentals to preserve affordability in perpetuity, in accordance
with the Comprehensive Permit Guidelines.
I.
Affordable Housing Guidelines. The Planning & Zoning Board, in
consultation with the Affordable Housing Trust Fund Board of Trustees
and after public notice and hearing, shall adopt Affordable Housing
Guidelines.
J.
Contributions of Cash. Cash contributions made to the Affordable
Housing Trust in accordance with this Section shall be used only for
purposes of providing affordable housing for low or moderate income
households as defined by this Section.
