[Added 12-4-2006 by TOR-2006-9]
A.
Intent. Open space residential development (OSRD)
in accordance with this article shall be allowed by right in the Residence
A-1, Residence A-2, and Agricultural Districts. "Open space residential
development" shall mean a residential development adjacent to permanently
preserved open space. Open space residential development shall be
encouraged within the Town, and shall be the preferred method of subdivision
development wherever the following purposes would be served.
B.
Purposes. The purposes of open space residential development
are:
(1)
To allow for greater flexibility and creativity in
the design of residential developments, provided that the overall
density of the development is no greater than what is normally allowed
in the district.
(2)
To encourage the permanent preservation of open space,
agricultural lands, forest lands and other natural resources, including
aquifers, water bodies and wetlands, and historical and archaeological
resources.
(3)
To encourage a less sprawling and more efficient form
of development that consumes less open land and conforms to existing
topography and natural features.
(4)
To maintain the traditional New England rural character
and land use pattern in which small villages contrast with open space
and farmlands.
(5)
To facilitate the construction of streets, utilities
and public services in a more economical and efficient manner.
(6)
To ensure that residential developments respect the
natural features of the land, including wetlands, watercourses, forests,
prime agricultural land, steep slopes, plants, wildlife, historic
sites, scenic views, and rural character.
(7)
To promote alternatives to strip residential development
lining roadsides in the Town.
(8)
To provide wildlife corridors connecting open spaces
needed by wildlife to ensure their survival.
C.
Applicability.
(1)
Five-acre minimum. In any residential development
consisting of five contiguous acres or more and 100 feet of frontage
in single or consolidated ownership, an applicant may apply for an
OSRD under this article.
(2)
Uses permitted. The permitted uses of the underlying
district(s) shall continue to be in full force and effect.
(3)
Special land features. The Planning Board may recommend
that an applicant use an OSRD subdivision design if the property possesses
one or more of the following special features:
(a)
Unfragmented open land as identified as a priority
for protection in the Town's Open Space and Recreation Plan, Master
Plan or the Community Development Plan.
(b)
Agricultural land with soils designated as prime
or of statewide significance by the U.S. Natural Resource Conservation
Service soil surveys.
(c)
Rare, threatened, or endangered species or exemplary
natural communities according to the Massachusetts BioMap Project
developed by the Massachusetts Natural Heritage and Endangered Species
Program.
(d)
Unique natural, cultural and/or historical features
as identified in the Master Plan or Community Development Plan.
E.
Design standards. No approval for an OSRD shall be
given unless the application complies with the following standards:
(1)
The compatibility of the proposal with respect to
the objectives and policy recommendations of the Open Space and Recreation
Plan and Community Development Plan or Master Plan.
(2)
Consistency with the Town of Agawam's Zoning Ordinance.
(3)
The portion of a parcel placed in open space shall,
to the greatest extent possible, be that which is most valuable or
productive as a natural resource, wildlife habitat, farmland, or forestry
land.
(4)
Streets shall be designed and located in such a manner
as to maintain and preserve natural topography, significant landmarks
and trees; to minimize cut and fill; and to preserve and enhance views
and vistas on or off the subject parcel.
F.
Dimensional standards.
(1)
Allowed density.
(a)
The maximum number of dwelling units for an
OSRD shall be determined by use of a yield plan, which is a conceptual
plan showing how the parcel could be subdivided in a conventional
manner. Determination of the possible number of conventional lots
shall be determined by Title V regulations, 310 CMR 15.000, as well
as the Agawam Board of Health regulations. For purposes of determining
the number of OSRD dwelling units, each conceptual conventional lot
must meet the requirements of a buildable lot for a single-family
dwelling unit on one acre of land. In no case shall the number of
OSRD dwelling units exceed the number of units that would be allowed
under a conventional subdivision.
(b)
There shall be no further subdivision of an
approved OSRD.
(2)
Flexible dimensional controls.
(a)
Frontage.
[1]
The minimum frontage for a tract on which an
OSRD is proposed shall be a contiguous 100 feet and provide safe access
for a right-of-way of at least 46 feet.
[2]
In the interest of flexibility and creative site designs, there shall be a minimum frontage requirement of 60 contiguous feet for individual lots on new subdivision streets within an OSRD, with the exception described in Subsection F(2)(a)[3] below.
[3]
For each lot developed along a public street
existing at the time of the application, the minimum frontage, minimum
lot size and all other dimensional controls shall be those which are-required
in the underlying zoning district in which the OSRD is located.
(b)
Lot size. The minimum lot size for all lots
in the open space residential development is one acre.
(c)
Setbacks.
[1]
There shall be a minimum setback of 50 feet
along all property boundaries of the overall tract for all structures,
including accessory structures, parking areas, driveways and internal
streets. Entrance streets connecting the OSRD to the external street
system may cross the setback area.
[2]
Minimum front, side, and rear yard setbacks
shall be the same as normally required in the district.
(d)
Required open space. The minimum open space
requirement for an OSRD within the Residence A-1 and Agricultural
Districts shall be 50% of the total tract area. The minimum open space
requirement for an OSRD within the Residence A-2 District shall be
35% of the total tract area.
(3)
Landscaped buffers.
(a)
A landscaped buffer no less than 30 feet deep
shall be provided. Entrance streets connecting the OSRD to the external
street system may cross the buffer area. The natural vegetation shall
be retained within the buffer area. If the natural vegetation is not
sufficient to serve as an effective visual screen, landscaping shall
be required to provide such a screen. Landscaping may include berms
and/or decorative fencing of an appropriate height. The Planning Board
may waive this requirement in instances that it deems appropriate.
(b)
This buffer area shall be part of the open space
and shall be subject to the same restrictions that apply to that area.
G.
Common open space.
(1)
Common open space requirements.
(a)
Within the Residence A-1 and Agricultural Districts,
a minimum of 50% of the total development parcel must be permanently
protected as common open space. Within the Residence A-2 District,
a minimum of 35% of the total development parcel must be permanently
protected as common open space. At least 70% of the common open space
shall be retained in contiguous areas, unless approved by the Planning
Board.
(b)
Watercourses, lakes, ponds, wetlands and steep
slopes over 25% may be included in common open space calculations,
but shall not exceed 50% of the required open space.
(c)
The Planning Board may permit up to 3% of the
open space area to be paved or built upon for structures accessory
to the dedicated use of open space (i.e., pedestrian walks, bicycle
paths, playgrounds, farm-related structures).
(d)
All recreational facilities, common areas, and
common open space shall be reasonably accessible to all residents
of the development.
(2)
Land protection methods for common open space.
(a)
All land not devoted to buildings, lots, roads
and other development shall be permanently protected as common open
space for recreation, conservation, forestry or agricultural uses
which preserve the land in its natural condition.
(b)
The land shall be owned by a nonprofit land
trust or conservation organization, homeowners' association, or individual,
and a permanent deed restriction must be conveyed to the Town, with
Town approval, or to a nonprofit trust or conservation organization
whose principal purpose is to conserve farmland or open space. The
Town shall review and approve all language contained in the deed restriction
prior to final approval of the open space residential development.
The deed restriction shall run with the land in perpetuity.
(c)
Further subdivision of common open land or its
use other than recreation, conservation, forest or agriculture, except
for easements for underground utilities or drinking water supply wells,
shall be prohibited.
H.
Additional requirements.
(1)
Trails. Where there is an existing local or regional
trail network on land adjacent to a proposed OSRD, the developer of
the OSRD may be required to connect to the existing trail network
with trail corridors through the site, and shall grant the general
public access to these trails in perpetuity. The trails shall be restricted
to pedestrian access.
(2)
Open space. Where there is an existing network of
open space or large tracts of unfragmented open space on land adjacent
to a proposed OSRD, the developer of the OSRD may be required to connect
to the existing open space where feasible with the required open space
set-aside, and shall grant the general public access to this open
space in perpetuity. Public access shall be restricted to pedestrian
traffic.
(3)
Forest management. On sites where the open space to
be preserved is mostly mature forest (70% or greater), the developer
of an OSRD may be required to submit a forest management plan developed
by a Massachusetts licensed forester and approved by the Planning
Board.
(4)
Viewshed and viewpoints. The development may protect
in perpetuity viewsheds and associated viewpoints, which are lands
or corridors of land that contribute to the visual landscape of the
Town, including items such as open fields containing stone walls.
The Planning Board may make use of a site visit to determine potential
viewsheds and viewpoints to be preserved.
(5)
Historic features. The development may protect in
perpetuity historically significant buildings and landscapes, identified
as such in the Community Development Plan, that include buildings
and associated uses that are maintained and visually separated from
the developed portion of the OSRD. Structures or landscapes not identified
may be determined by sufficient evidence presented to the Planning
Board during review of the development. Such evidence may include
listing or eligibility for listing on the National Register of Historic
Landmarks, or the Massachusetts Register of Historic Landmarks.
I.
Homeowners' association.
(1)
In the event that ownership of the land will remain
with the homeowners in the open space residential development, a nonprofit
homeowners' association shall be established, requiring membership
of each lot owner in the open space residential development.
(2)
The association shall be responsible for the permanent
maintenance of all common lands, common open space, recreational and
thoroughfare facilities, except where such responsibility is assumed
by another owner of the common land (land trust or conservation organization).
(3)
A homeowners' association agreement or covenant that
will guarantee continuing maintenance of such common utilities, land
and facilities, and assessing each lot a share of maintenance expenses
shall be submitted with the final subdivision application. Where no
homeowners' association is proposed, an alternative plan shall be
submitted with the final subdivision application.
(4)
Such agreement must be reviewed and approved by Agawam's
legal counsel and the Planning Board, and shall be recorded in the
Hampden County Registry of Deeds. Such agreements or covenants shall
provide that in the event that the association fails to maintain the
common open land in reasonable order and condition in accordance with
the agreement, the Town may, after notice to the association and public
hearing, enter upon such land and maintain it in order to preserve
taxable values of the properties within the development and to prevent
the common land from becoming a public nuisance. The covenants shall
also provide that the cost of such maintenance by the Town shall be
assessed equally against each of the properties within the development.
[Added 8-12-2013 by TOR-2013-6]
A.
Purpose. It is the purpose of this district to allow for greater
variety and flexibility in the development of housing types and to
facilitate the construction and maintenance of streets, utilities
and public services in a more economical and efficient manner while
at the same time conserving important natural site features and permanently
preserving open space.
B.
Application.
(1)
A site plan for a low-density multifamily community in conformance with § 180-13 shall be submitted to the Planning Board. The following additional information shall be required:
(a)
A development statement listing the development team, setting
forth the development concept, including in tabular form the number
of units, type, size (number of bedrooms, amount of living space,
gross floor area), ground coverage and summary showing the area of
residential development and common open space as a percentage of the
total area.
(c)
Architectural rendering of the site plans and typical structures,
including floor plans and elevations.
(d)
A traffic study will be required. This study shall be performed
by a professional engineer registered in the Commonwealth of Massachusetts.
It may include, at the discretion of the Planning Board, analysis
of existing and proposed traffic conditions, driveway design, traffic
signal warrant analysis, parking lot size and layout recommendations,
a description of impacts on local and regional traffic due to the
development, including an area and for a build-out time period as
prescribed by the Planning Board. Depending on the location of the
proposed curb cut, existing traffic characteristics and the volume
of traffic generated by the proposal, a traffic signal may be warranted
at one or all points of access. Any traffic control devices to serve
the development would be designed, funded, and constructed by the
project proponent at the time of the initial development or by the
homeowners' association in the future. If, as a result of the traffic
study, off-site traffic remediation is determined to be warranted,
it shall be the responsibility of the project proponent. If the number
of parking stalls required in the parking analysis exceeds the number
required in the Town Code, the larger number shall be required.
(e)
An engineering report regarding the adequacy of sewage disposal,
water supply and stormwater drainage, including the impact of the
proposed design on the existing municipal utility infrastructure of
the Town.
(f)
Marketing and management information, including unit selling
prices, construction schedule, and phasing schedule.
(2)
Said application shall contain sufficient information so that
the Planning Board can determine the applicability of said application
for the following items:
(a)
Is consistent with the Master Plan of the Town of Agawam;
(b)
Preserves and protects the character of the Town and especially
the immediate neighborhood, giving due consideration to such features
as public safety, including traffic control and traffic impact upon
surrounding roads; development of adequate facilities for the use
of the residents of said proposal; adequate fire protection, public
health, including sewage disposal, drainage and water supply; and
the compatibility of the size, location, architecture and landscaping
of said project with the adjacent neighborhood and the Town;
(c)
Minimizes potential adverse environmental impacts upon the Town;
(d)
Is likely to result in a financially stable, soundly and attractively
constructed and well managed and maintained project; and
(e)
Conforms to the specific provisions of this chapter, including
the design guidelines of this section.
(3)
Said site plan approval shall not be issued unless the Planning
Board affirmatively determines that each of the above-listed criteria
is met by said applicant.
C.
Use regulations. The following uses shall be permitted in a low-density
multifamily community:
(1)
One-family detached dwellings.
(2)
Two-family detached dwellings.
(3)
Recreational uses and community facilities, such as parks, gardens,
swimming pools, tennis courts, clubhouses and community buildings.
(4)
Accessory uses customarily incidental and subordinate to the
principal uses listed above, but expressly excluding any commercial
or retail enterprises.
D.
Dimensional requirements. A low-density multifamily community shall
comply with the following dimensional requirements:
(1)
Minimum parcel size. The total parcel shall have a minimum area
of not less than 10 acres.
(2)
Minimum parcel frontage. The total parcel shall have a minimum
frontage on a public way of at least 150 feet.
(3)
Front, side and rear yards. The minimum front yard (setback)
shall be 25 feet from the interior paved way. The minimum front yard
(setback) shall be 50 feet where it abuts a public way only. The side
yard and rear yard requirements shall be 50 feet, inclusive of a landscaped
buffer strip of not less than 15 feet, and shall pertain only to the
periphery of the development. Additional buffering may be required
in sensitive areas at the discretion of the Planning Board. The Planning
Board may modify or waive the buffering requirement where variations
in topography, natural features and vegetation, or compatible land
uses, obviate the need for such a buffer.
E.
Density regulations. The maximum number of dwelling units permitted
within a low-density multifamily community shall be determined by
the Planning Board to assure compliance with the purpose and intent
of these regulations, and in any event shall not exceed an average
of four units per acre of usable land area.
F.
Building requirements.
(1)
Building character. The low-density multifamily community shall
be an architecturally integrated development. An architectural theme
shall be carried out by the use of common building materials, color,
exterior detailing, bulk and/or rooflines. Design characteristics
shall be stated in the development application and shall include,
but not be limited to, building materials, architectural design, and
street furniture, which shall require Planning Board approval.
(2)
Building location. Building location and orientation shall reflect:
(a)
The relationship to street line and to other buildings in the
development if in close proximity, in order to protect privacy and
create visual coherence.
(b)
Views, solar access and access to common open space in order
to enhance an occupant's interest.
(c)
Organization of large developments into recognizable subareas
in order to provide scale and identity.
(d)
Avoidance of major topography changes and destruction of significant
natural site features, including removal of native trees or vegetation,
in order to preserve and protect the environment.
(e)
Reduction of visual intrusion into abutting properties in order
to protect existing character to the extent practicable.
(3)
Community facility. Unless waived by the Planning Board, the
development shall establish a community room or facility for use by
the residents. Such facility may provide community space for mail,
indoor recreation, meetings, and other functions held by the residents.
G.
Maximum building height. The maximum height of structures shall be
two stories or 35 feet above the ground.
H.
Minimum setback distance between buildings. The minimum setback distance
between buildings shall be 30 feet.
I.
Stairways. All egress stairways are to be contained within the building
structure proper.
J.
Utilities.
(1)
Each dwelling in a low-density multifamily community shall be
provided with access drainage and utilities that are functionally
equivalent to that provided under the Planning Board's Subdivision
Regulations.[2] All utilities shall be placed underground.
[2]
Editor's Note: See 159, Subdivision of Land.
(2)
All dwelling units shall be serviced by a public water supply
deemed adequate for fire protection and domestic use.
(3)
All dwelling units shall be connected to public sewers if available.
If public sewers are not available, all dwelling units shall be serviced
with on-site sewage disposal systems which shall be designed to meet
the requirements of approval from the Agawam Board of Health and/or
the Massachusetts Department of Environmental Protection as necessary.
(4)
All outdoor lighting in the development shall be designed to
improve visibility, safety and a sense of security while minimizing
energy use, operating costs, glare and light pollution. Outdoor lighting
shall be designed to prevent misdirected or excessive artificial light.
Building areas shall not be floodlit. Roadways, parking areas, walkways
and other public areas shall be illuminated only by properly positioned,
high-efficiency, full-cutoff-shielded lighting fixtures not higher
than 15 feet in height.
K.
Parking and circulation requirements.
(1)
There shall be an adequate, safe and convenient arrangement
of pedestrian circulation, roadways, driveways and parking.
(2)
Vehicular access to the low-density multifamily community shall
be provided from an existing public way which, in the opinion of the
Planning Board, is adequate to service the proposed development. As
a matter of public safety, an additional access may be required.
(3)
All roads within the low-density multifamily community shall
be privately owned and maintained and shall be designed with sufficient
width, suitable grade and adequate construction to safely provide
for the needs of vehicular traffic generated by the development. Access
roads shall be designed and constructed according to the requirements
of the Agawam Subdivision Rules and Regulations[3] or as otherwise modified by the Planning Board.
[3]
Editor's Note: See 159, Subdivision of Land.
(4)
Garages or off-street parking spaces, or a combination thereof,
shall be provided for all occupants, employees, and visitors, and
shall be not less than two garage spaces per dwelling unit. Road widths
and other factors will be evaluated when considering on-street parking.
(5)
The development shall be served by sidewalks in accordance with
the Planning Board Subdivision Rules and Regulations. The use of exterior
stairs and raised curbing in areas where there will be pedestrian
activity shall be minimized.
L.
Landscaping requirements.
(1)
A coordinated landscape design for the entire project area,
including landscaping of structures, parking areas, driveways and
walkways, and buffer strips shall be submitted for approval by the
Planning Board.
(2)
Wherever possible, existing trees and vegetative cover shall
be conserved and integrated into the landscape design.
(3)
Proper maintenance of the landscaping, including the buffer
strip, shall be the responsibility of the owner and shall be a condition
of conformance with the Zoning Bylaws.
M.
Common open space requirements.
(1)
All land within the low-density multifamily community which
is not covered by buildings, roads, driveways, parking areas or other
development, or which is not set aside as private yards, patios or
gardens for the residents, shall be common open space. The area of
the common open space shall equal at least 30% of the total area of
the active adult community tract. Such land shall have a shape, dimension,
character and location suitable to assure its use for park, recreation,
conservation or agricultural purposes by all the residents of the
development.
(2)
Suitable and usable outdoor recreational area or areas shall be provided for the use of tenants. At least 1,000 square feet per dwelling unit must be usable open space for active and passive recreation. [This amount may be included in the 30% common open space requirement set forth in Subsection M(1) above.] Such space shall not include wetlands as determined by the Conservation Commission. Usable open space may be defined to include land for community gardens, hiking/jogging paths, tennis courts, swimming pools or similar facilities.
(3)
Further subdivision of common open land or its use for other
than recreation, conservation, or agriculture, except for easements
for underground utilities, shall be prohibited.
(4)
Provision shall be made so that the common open space shall
be owned in common and readily accessible to the owners and residents
of all units in the development or by a membership corporation, trust
or association whose members are the owners and residents of the units.
In all cases the common open space shall be subject to a perpetual
restriction running to or enforceable by the Town which shall be recorded
in respect to such land. Such restriction shall be in such form and
substance as the Planning Board shall prescribe and may contain such
additional restrictions on development as the Planning Board may deem
appropriate.
N.
Community association.
(1)
An owners' association shall be established requiring membership
of each unit owner in the low-density multifamily community. The association
shall be responsible for the permanent maintenance of communal water,
sewage, and recreational and thoroughfare facilities. An association
agreement or covenant shall be submitted with the application guaranteeing
the continuing maintenance of such common utilities, land and facilities,
assessing each unit a share of maintenance expenses. Such agreement
shall be subject to the review and approval of Agawam legal counsel
and the Planning Board and shall be recorded in the Hampden County
Registry of Deeds.
(2)
Such agreements or covenants shall provide that in the event
that the association fails to maintain the common facilities in reasonable
order and condition in accordance with the agreement, the Town may,
after notice to the association and public hearing, enter upon such
land and maintain it in order to preserve the taxable value of the
properties within the development and to prevent the common land from
becoming a public nuisance. The covenants shall also provide that
the cost of such maintenance by the Town shall be assessed ratably
against the properties within the development.
O.
Project identification.
(1)
As a condition of its approval, the Planning Board may permit
a sign showing the project name to be permanently affixed at each
entrance to the development, which shall be designed to be compatible
with the character of the development and the surrounding neighborhood.
Each sign shall be of a size and design to be approved by the Planning
Board, provided that no such sign shall exceed 32 square feet in size.
(2)
All streets shall be posted with standard street signs, and
all street names shall be approved by the Planning Board. Dwelling
units shall be assigned street numbers as assigned by the Assessor's
office.
P.
Enforcement.
(1)
As a condition of its approval, the Planning Board may establish
time limits for any development or phases thereof.
(2)
Before any building permits are issued for buildings in a given
phase, the developer may be required to provide the Town with performance
security in a form and amount satisfactory to the Planning Board to
guarantee the construction of required site improvements.
Q.
Waivers. The Planning Board may waive or modify any requirement of
this section for compelling reasons of safety, aesthetics or site
design.
[Added 4-3-2006 by TR-2006-9[1]]
A.
Purpose. It is the purpose of this district to allow
for greater variety and flexibility in the development of housing
types and to facilitate the construction and maintenance of streets,
utilities and public services in a more economical and efficient manner
while at the same time conserving important natural site features
and permanently preserving open space.
B.
Age-restricted occupancy. The active adult community
shall provide age-restricted housing comprised of dwelling units limited
to use and occupancy primarily by persons at least 55 years of age
or older, who are able to maintain an active, independent lifestyle
without the help of additional on-site support services.
(1)
Not more than three residents shall occupy any dwelling
unit.
(2)
All occupants of a dwelling unit shall be age 55 or
older except as follows:
(3)
The owner of the development shall publish and follow
policies and procedures that demonstrate the intent to be housing
for persons 55 and older, including federal Housing and Urban Development
(HUD) rules for verification of occupancy.
C.
Application.
(1)
A site plan for an active adult community in conformance with § 180-13 shall be submitted to the Planning Board. The following additional information shall be required:
(a)
A development statement listing the development
team, setting forth the development concept, including in tabular
form the number of units, type, size (number of bedrooms, amount of
living space, gross floor area), ground coverage and summary showing
the area of residential development and common open space as a percentage
of the total area.
(b)
A development site plan of the entire tract
in accordance with the requirements of this section and meeting, to
the extent applicable, the requirements set forth for a definitive
plan in the Agawam Subdivision Rules and Regulations.
(c)
Architectural rendering of the site plans and
typical structures, including floor plans and elevations.
(d)
A traffic study will be required. This study
shall be performed by a professional engineer registered in the Commonwealth
of Massachusetts. It may include, at the discretion of the Planning
Board, analysis of existing and proposed traffic conditions, driveway
design, traffic signal warrant analysis, parking lot size and layout
recommendations, a description of impacts on local and regional traffic
due to the development, including an area and for a build-out time
period as prescribed by the Planning Board. Depending on the location
of the proposed curb cut, existing traffic characteristics and the
volume of traffic generated by the proposal, a traffic signal may
be warranted at one or all points of access. Any traffic control devices
to serve the development would be designed, funded, and constructed
by the project proponent at the time of the initial development or
by the homeowners's association in the future. If, as a result of
the traffic study, off-site traffic remediation is determined to be
warranted, it shall be the responsibility of the project proponent.
If the number of parking stalls required in the parking analysis exceed
the number required in the Town Code, the larger number shall be required.
(e)
An engineering report regarding the adequacy
of sewage disposal, water supply and stormwater drainage, including
the impact of the proposed design on the existing municipal utility
infrastructure of the Town.
(f)
Marketing and management information, including
unit selling prices, construction schedule, phasing schedule, and
drafts of policies and procedures that demonstrate the intent to be
housing for persons 55 and older.
(2)
Said application shall contain sufficient information
so that the Planning Board can determine the applicability of said
application for the following items:
(a)
Is consistent with the Master Plan of the Town
of Agawam;
(b)
Preserves and protects the character of the
Town and especially the immediate neighborhood, giving due consideration
to such features as public safety, including traffic control and traffic
impact upon surrounding roads; development of adequate facilities
for the use of the residents of said proposal; adequate fire protection,
public health including sewage disposal, drainage and water supply;
and the compatibility of the size, location, architecture and landscaping
of said project with the adjacent neighborhood and the Town;
(c)
Minimizes potential adverse environmental impacts
upon the Town;
(d)
Is likely to result in a financially stable,
soundly and attractively constructed and well managed and maintained
project; and
(e)
Conforms to the specific provisions of this
chapter, including the design guidelines of this section.
(3)
Said site plan approval shall not be issued unless
the Planning Board affirmatively determines that each of the above-listed
criteria is met by said applicant.
D.
Use regulations. The following uses shall be permitted
in an active adult community:
(1)
One-family detached dwellings.
(2)
Two-family detached dwellings.
(3)
Recreational uses and community facilities, such as
parks, gardens, swimming pools, tennis courts, clubhouses and community
buildings.
(4)
Accessory uses customarily incidental and subordinate
to the principal uses listed above, but expressly excluding any commercial
or retail enterprises.
E.
Dimensional requirements. An active adult community
shall comply with the following dimensional requirements:
(1)
Minimum parcel size. The total parcel shall have a
minimum area of not less than 10 acres.
(2)
Minimum parcel frontage. The total parcel shall have
a minimum frontage on a public way of at least 150 feet.
(3)
Front, side and rear yards. The minimum front yard
(setback) shall be 25 feet from the interior paved way. The minimum
front yard (setback) shall be 50 feet where it abuts a public way
only. The side yard and rear yard requirements shall be 50 feet inclusive
of a landscaped buffer strip of not less than 15 feet and shall pertain
only to the periphery of the development. Additional buffering may
be required in sensitive areas at the discretion of the Planning Board.
The Planning Board may modify or waive the buffering requirement where
variations in topography, natural features and vegetation, or compatible
land uses obviate the need for such a buffer.
[Amended 12-4-2006 by TOR-2006-12]
F.
Density regulations. The maximum number of dwelling
units permitted within an active adult community shall be determined
by the Planning Board to assure compliance with the purpose and intent
of these regulations, and in any event shall not exceed an average
of four units per acre of usable land area.
G.
Building requirements.
(1)
Building character. The active adult community shall
be an architecturally integrated development. An architectural theme
shall be carried out by the use of common building materials, color,
exterior detailing, bulk and/or rooflines. Design characteristics
shall be stated in the development application and shall include,
but not be limited to, building materials, architectural design, and
street furniture, which shall require Planning Board approval.
(2)
Building location. Building location and orientation
shall reflect:
(a)
The relationship to street line and to other
buildings in the development if in close proximity, in order to protect
privacy and create visual coherence.
(b)
Views, solar access and access to common open
space in order to enhance an occupant's interest.
(c)
Organization of large developments into recognizable
subareas in order to provide scale and identity.
(d)
Avoidance of major topography changes and destruction
of significant natural site features, including removal of native
trees or vegetation, in order to preserve and protect the environment.
(e)
Reduction of visual intrusion into abutting
properties in order to protect existing character to the extent practicable.
(3)
Community facility. Unless waived by the Planning
Board, the development shall establish a community room or facility
for use by the residents. Such facility may provide community space
for mail, indoor recreation, meetings, and other functions held by
the residents.
H.
Maximum building height. The maximum height of structures
shall be two stories or 35 feet above the ground.
I.
Minimum setback distance between buildings. The minimum
setback distance between buildings shall be 30 feet.
J.
Stairways. All egress stairways are to be contained
within the building structure proper.
K.
Utilities.
(1)
Each dwelling in an active adult community shall be
provided with access drainage and utilities that are functionally
equivalent to that provided under the Planning Board's Subdivision
Regulations. All utilities shall be placed underground.
(2)
All dwelling units shall be serviced by a public water
supply deemed adequate for fire protection and domestic use.
(3)
All dwelling units shall be connected to public sewers
if available. If public sewers are not available, all dwelling units
shall be serviced with on-site sewage disposal systems which shall
be designed to meet the requirements of approval from the Agawam Board
of Health and/or the Massachusetts Department of Environmental Protection
as necessary.
(4)
All outdoor lighting in the development shall be designed
to improve visibility, safety and a sense of security while minimizing
energy use, operating costs, glare and light pollution. Outdoor lighting
shall be designed to prevent misdirected or excessive artificial light.
Building areas shall not be floodlit. Roadways, parking areas, walkways
and other public areas shall be illuminated only by properly positioned,
high-efficiency, full-cutoff-shielded lighting fixtures not higher
than 15 feet in height.
L.
Parking and circulation requirements.
(1)
There shall be an adequate, safe and convenient arrangement
of pedestrian circulation, roadways, driveways and parking.
(2)
Vehicular access to the active adult community shall
be provided from an existing public way which, in the opinion of the
Planning Board, is adequate to service the proposed development. As
a matter of public safety, an additional access may be required.
(3)
All roads within the active adult community shall
be privately owned and maintained and shall be designed with sufficient
width, suitable grade and adequate construction to safely provide
for the needs of vehicular traffic generated by the development. Access
roads shall be designed and constructed according to the requirements
of the Agawam Subdivision Rules and Regulations or as otherwise modified
by the Planning Board.
(4)
Garages or off-street parking spaces, or a combination
thereof, shall be provided for all occupants, employees, and visitors,
and shall be not less than two garage spaces per dwelling unit. Road
widths and other factors will be evaluated when considering on-street
parking.
(5)
The development shall be served by sidewalks in accordance
with the Planning Board Subdivision Rules and Regulations. The use
of exterior stairs and raised curbing in areas where there will be
pedestrian activity shall be minimized.
M.
Landscaping requirements.
(1)
A coordinated landscape design for the entire project
area, including landscaping of structures, parking areas, driveways
and walkways, and buffer strips shall be submitted for approval by
the Planning Board.
(2)
Wherever possible, existing trees and vegetative cover
shall be conserved and integrated into the landscape design.
(3)
Proper maintenance of the landscaping, including the
buffer strip, shall be the responsibility of the owner, and shall
be a condition of conformance with the Zoning Bylaws.
N.
Common open space requirements.
(1)
All land within the active adult community which is
not covered by buildings, roads, driveways, parking areas or other
development, or which is not set aside as private yards, patios or
gardens for the residents, shall be common open space. The area of
the common open space shall equal at least 30% of the total area of
the active adult community tract. Such land shall have a shape, dimension,
character and location suitable to assure its use for park, recreation,
conservation or agricultural purposes by all the residents of the
development.
(2)
Suitable and usable outdoor recreational area or areas shall be provided for the use of tenants. At least 1,000 square feet per dwelling unit must be usable open space for active and passive recreation. [This amount may be included in the thirty-percent common open space requirement set forth in Subsection N(1) above.] Such space shall not include wetlands as determined by the Conservation Commission. Usable open space may be defined to include land for community gardens, hiking/jogging paths, tennis courts, swimming pools or similar facilities.
(3)
Further subdivision of common open land or its use
for other than recreation, conservation, or agriculture, except for
easements for underground utilities shall be prohibited.
(4)
Provision shall be made so that the common open space
shall be owned in common and readily accessible to the owners and
residents of all units in the development or by a membership corporation,
trust or association whose members are the owners and residents of
the units. In all cases the common open space shall be subject to
a perpetual restriction running to or enforceable by the Town which
shall be recorded in respect to such land. Such restriction shall
be in such form and substance as the Planning Board shall prescribe,
and may contain such additional restrictions on development as the
Planning Board may deem appropriate.
O.
Community association.
(1)
An owners' association shall be established requiring
membership of each unit owner in the active adult community. The association
shall be responsible for the permanent maintenance of communal water,
sewage, recreational and thoroughfare facilities. An association agreement
or covenant shall be submitted with the application guaranteeing the
continuing maintenance of such common utilities, land and facilities,
assessing each unit a share of maintenance expenses. Such agreement
shall be subject to the review and approval of Agawam legal counsel
and the Planning Board and shall be recorded in the Hampden County
Registry of Deeds.
(2)
Such agreements or covenants shall provide that in
the event that the association fails to maintain the common facilities
in reasonable order and condition in accordance with the agreement,
the Town may, after notice to the association and public hearing,
enter upon such land and maintain it in order to preserve the taxable
value of the properties within the development and to prevent the
common land from becoming a public nuisance. The covenants shall also
provide that the cost of such maintenance by the Town shall be assessed
ratably against the properties within the development.
P.
Project identification.
(1)
As a condition of its approval, the Planning Board
may permit a sign showing the project name to be permanently affixed
at each entrance to the development, which shall be designed to be
compatible with the character of the development and the surrounding
neighborhood. Each sign shall be of a size and design to be approved
by the Planning Board, provided that no such sign shall exceed 32
square feet in size.
(2)
All streets shall be posted with standard street signs,
and all street names shall be approved by the Planning Board. Dwelling
units shall be assigned street numbers as assigned by the Assessor's
Office.
Q.
Enforcement.
(1)
As a condition of its approval, the Planning Board
may establish time limits for any development or phases thereof.
(2)
Before any building permits are issued for buildings
in a given phase, the developer may be required to provide the Town
with performance security in a form and amount satisfactory to the
Planning Board to guarantee the construction of required site improvements.
R.
Waivers. The Planning Board may waive or modify any
requirement of this section for compelling reasons of safety, aesthetics
or site design.
