Ashland City Zoning Code
SECTION 7
0 SPECIAL RESIDENTIAL REGULATIONS
7.1
DWELLING CONVERSION
7.1.1
General. A special permit may be granted for conversion of an existing structure to accommodate additional families in districts where allowed under the Table of Uses, provided that the following are complied with:
1.
No extension to the principal structure shall be made or additional exterior entrances created within sight from a street.
2.
Lot area shall be not less than the minimum required for a single-family dwelling at that location, plus fifty percent (50%) of the required area for each dwelling unit in excess of one (1).
3.
The added dwelling units shall be served by the town sewerage system or by a new on-site disposal system meeting the requirements of Title V of the State Environmental Code.
4.
No parking space provided to meet the requirements of Section 5.1 shall be located within a required front yard or block egress from another parking space.
5.
Floor area shall equal at least seven hundred (700) square feet per dwelling unit.
7.2
SENIOR RESIDENTIAL COMMUNITY (SRC)
7.2.1
Purpose. The purpose of this section is to:
1.
promote alternative housing for a maturing population;
2.
provide a type of housing which reduces residents' hardships of property maintenance and which reduces demands on municipal services; and
3.
promote flexibility in land use planning in order to improve site layouts, safety, protection of natural attributes and environmental values and utilization of land in harmony with neighboring properties.
7.2.2
Administration. The Planning Board may grant approval for the construction and occupancy of a senior residential community, supplemented by appropriate amenities as agreed to by the owner, of a parcel of land in excess of five (5) contiguous acres located in a Residential District, subject to the following regulations and conditions.
7.2.3
Age Restriction. Any application for a SRC shall indicate, and ensuing use shall sustain, compliance with G.L. c. 151B, sections 4 and 6. Provided housing shall be individually owned and occupied by at least one (1) person who is fifty-five (55) years of age, or older; and no more than one (1) additional occupant who shall be under fifty-five years of age, unless otherwise qualifying as a handicapped adult, or as herein further provided. In addition, and only in proven cases of family emergency, as determined by majority vote of any homeowners' association management board, no more than two (2) additional persons, above the number which is specifically herein authorized, who are under age fifty-five (55) and directly related, shall be allowed to be an occupant of any dwelling unit for more than six (6) months duration. Extensions of such minimum time duration may be granted by majority vote of such board. Occupancy requirements shall be exclusive of nurses or other persons to provide health care services to any occupant of said dwelling unit. In the event of the death of the qualifying owner/occupant of a dwelling unit, or foreclosure or other involuntary transfer of a dwelling unit in a SRC, a two (2) year exemption shall be allowed for the transfer of the unit to another eligible household.
7.2.4
Definitions. The proposed dwellings/structures meant to be provided in this Section commonly are not constructed within the separate lot framework associated with the definitions of the terms "Lot," "Lot Area," "Lot Coverage," "Lot Frontage," and "Yard (front, rear and side)" as listed in Section 10. Such terminology, as used in this Section is meant only to associate with the definitions as if the included dwellings/structures were to be provided on separate lots. LOT shall mean a parcel of land upon which dwelling units are to be constructed, which need not have legally defined bounds.
7.2.5
General Requirements. A Senior Residential Community consisting of single-family residences, with appropriate amenities as described herein, shall be allowed in the RA, RB, CH, CD, and Mixed Use Special District upon the grant of a special permit issued by the Planning Board, if the application is in compliance with the following provisions:
1.
the Subdivision Rules and Regulations adopted by the Planning Board, at time of Preliminary Plan submittal, shall be in force (see Chapter 344, Subdivision of Land), except as herein otherwise provided; and
2.
the site is reasonably protected from excessive noise, traffic, air pollution and other harmful physical influences; and
3.
the proposed use shall be served by municipal water and sewer services unless the Planning Board, with advice from the Ashland Board of Health and/or the Department of Public Works, deems that alternative services shall meet the long term needs of such proposed use and the Town of Ashland; and
4.
the Planning Board deems that the requirements of Section 9.3 have been satisfied; and
5.
the requirements of Section 9.4, site plan review, shall be in force; and
6.
the site, when utilized for the purposes of this Section and combined with any other use or uses allowed in the underlying zoning district, is of sufficient size, shape, topography and location to be capable of accommodating such multiple uses, as determined by the Planning Board; and
7.
the special permit applicant for a SRC shall be the owner of any parcel(s) proposed for such development or an applicant showing proof in writing by the owner of such parcel(s) to be authorized to apply for and be issued such special permit, and shall establish to the satisfaction to the Planning Board that the applicant has the knowledge, experience and financial resources sufficient to construct and complete the development.
7.2.6
Site Requirements. For the purposes of this Section the following site requirements shall be met:
1.
Parcel Area/Frontage Requirements - minimum parcel area and minimum parcel frontage requirements shall coincide with that of the zoning district.
a.
the land under construction shall be located on one (1) or more contiguous parcels, whether or not separated by a public or private way, with definite boundaries ascertainable from a recorded deed or recorded plan.
2.
each dwelling unit lot area shall have no more land than ten (10) percent which is underwater land, or is qualified as a wetland resource as defined in G.L. c. 131, s. 40, or in the Wetlands Protection By-Law, Chapter 280 of the Ashland Code, and contains no slopes greater than twenty-five (25) percent, singularly or combined;
3.
larger lot sizes may be required, as determined by the Planning Board with advice from the Board of Health, where municipal sewerage is not available, and considering soil conditions, water table and slope conditions;
4.
Open Space. All remaining land in the development not contained in single/attached dwelling lots, or within rights-of-way and municipal easements, shall be held in common use of the residents of the development and, in some circumstances, of the Town, as open space, as determined by the Planning Board, and shall meet the following requirements:
a.
all such open space parcels, together, shall equal not less than thirty (30) percent of the total parcel area and shall serve passive recreational purposes.
b.
wetlands, as determined by the Conservation Commission, shall not qualify as open space, except to the extent that such wetlands are situated in the development perimeter buffering area;
c.
the open space areas shall maximize the value of wildlife habitat, shall be contiguous, have not less than twenty (20) feet of handicapped accessible frontage on each right-of-way and internal drive, of the development and shall be configured to preserve large blocks of undisturbed land;
d.
landscape plantings shall not be permitted, except in areas where re-vegetation may be necessary to increase buffering/screening, as determined by the Planning Board; and,
e.
desirable qualities of open space reservations are continuity of open space within the development and into existing or potential adjoining developments, protection of watercourses, wetlands and other ecologically sensitive areas, configuration reflecting land forms and existing vegetative patterns and handicapped accessibility from at least fifty (50) percent of the abutting dwelling lots.
7.2.7
Building and Dwelling Unit Requirements.
1.
Number of Dwelling Units Permitted. Written computation shall be provided to the Planning Board, at the time of application submittal, based on a maximum average of five (5) dwelling units per acre of such land dedicated to dwelling unit building lots, with the maximum number of bedrooms in each dwelling unit limited to two (2): the method of distribution of allowable dwelling units per acre shall determine the total number of allowable dwelling units;
2.
Dwellings may be provided as detached single units, or attached in groups of two (2), with such attachments located side-by-side. Each dwelling unit shall include garaged parking for two (2) vehicles, positioned in line, front to back or as site conditions allow side by side as determined by the Planning Board; and one (1) exterior paved parking space.
3.
Maximum Building Height (including accessory buildings): One (1) story, except two (2) story structures may be permitted as an incentive for providing smaller building footprints for dwellings; provided that only a second bedroom with adjoining bath and closet(s) may be provided at such second story level to the extent that the dwelling footprint, as well as the second floor area does not increase beyond that of the first floor.
All areas under the roof may provide appropriate second floor living area and mezzanine/lofts as regulated by the State Building Code. |
4.
One (1) Bedroom Limitation: no more than twenty (20) percent of the maximum number of allowable dwelling units shall have less than two (2) bedrooms.
5.
The positioning of buildings shall be staggered a minimum of ten (10) feet along each right-of-way, preferably in a non-regular pattern, while maintaining setback requirements. Such positioning shall be depicted on Definitive Plans.
7.2.8
Allowable Accessory Buildings, Structures and Preferred Amenities.
1.
Individual Dwelling Lots may have attached garages, and other customary accessory structures except storage-type sheds shall be allowed, as determined by the Inspector of Buildings after Definitive Plan approval, if keeping within dwelling lot coverage and floor area ratio limitations. Such accessory arrangements shall be depicted on the Definitive Plan if contemplated prior to Definitive Plan approval.
2.
Open Space may have clubhouse(s), swimming pool(s), tennis court(s), cabana(s), storage and maintenance structures and other accessory structures shall be allowed, as determined by the Inspector of Buildings after Definitive Plan approval, if in keeping within development parcel coverage and floor area ratio limitations. Such accessory arrangements shall be depicted on the Definitive Plan if contemplated prior to Definitive Plan approval.
3.
Preferred Amenities. The creation of outdoor areas which may include, but are not limited to, sitting areas with tables, gazebo(s), trellises, paved and level walking paths, planters and individual/community garden space(s).
7.2.9
Building Design Criteria. All buildings and structures shall be designed, located and constructed to afford the following:
1.
compatibility of architectural styles, scales, building materials and colors within the development;
2.
variations in facade, roof lines and interior layouts of dwelling units;
3.
harmonious relationship of buildings and structures to each other with adequate light, air, circulation, privacy and separation;
4.
the capability for constant surveillance, orientation and recognition; to this end, and in lieu of providing conventional streetlighting, individual building lot front yards and other areas along roadways not fronting building lots and approaches to common-use buildings and structures, shall be provided with architecturally compatible street-level-type lamp post lighting necessary to provide safety, security and visual indications, as determined by the Planning Board.
7.2.10
Additional Physical Requirements.
1.
Setbacks. Single/attached dwelling units - front yards shall be twenty (20) feet minimum, rear yards shall be thirty (30) feet minimum and side yard separation of abutting dwellings/structures shall be twenty (20) feet minimum.
2.
Development Parcel Lot Coverage (density) - twenty-five (25) % maximum.
3.
Dwelling Lot Coverage (density) - twenty-five (25) % maximum.
4.
Floor Area Ratio - 0.5 maximum.
5.
Distance between common use buildings/structures - thirty (30) feet.
6.
Additional Parking Provisions - in addition to individual dwelling unit parking requirements addressed, supra, within the development, separated and screened from the majority of dwelling units, there shall be provided an additional paved and lined parking area, equivalent to twenty (20) % of that which is provided for dwelling units, for the longer-term parking and storage of recreation-type vehicles, not used on a daily basis; such area may additionally serve to accommodate overflow guest parking and may be located within any qualifying open space along the perimeter of the development.
7.
The right-of-way network shall be so designed and constructed as not to allow vehicular traffic throughout the development from neighboring parcels or streets. Road signs shall be posted to indicate "NOT A THRU STREET," or other appropriate wording, to temper unnecessary intrusion of off-site traffic.
8.
Paved sidewalks shall be located and constructed to the bounds of the development from interior roadways to provide pedestrian access to neighboring streets and abutting parcels, if practical, as determined by the Planning Board.
9.
Along the perimeter of the development parcel, for a depth of thirty (30) feet minimum, landscape greenery or other buffering/screening method(s), in place at the time of development, which can serve to obstruct the view of adjacent land use properties from one another, shall remain undisturbed; except for underbrush clearing and general maintenance. If such existing buffering/screening is deemed insufficient it shall be supplemented, as determined by the Planning Board.
10.
Rights-of-way, driveways and sidewalks within the development shall meet such width, grades, radius of curvature and construction standards as required by the Planning Board Subdivision Rules and Regulations, except for the purposes of this development, the rights-of-way shall be classified as lanes, with the added requirement of a paved sidewalk on one (1) side.
7.2.11
Special Requirements. All improvements to the development parcel, including rights-of-ways and dwelling unit/common area utility services, except as agreed to by the Town of Ashland when considering access for municipal emergency response vehicles, shall be considered private. During construction and after completion of the development, the developer, as well as owners of dwelling units and/or building lots, shall be responsible for the maintenance of dwelling unit/common area driveways and walkways, parking area(s) and all snow plowing, landscape maintenance, trash removal and maintenance and repair of other common elements and facilities serving the residents. The Town of Ashland shall not be responsible, therefore, unless so agreed. Implementation of the above shall be documented in the following manner: open space and such other facilities as may be held in common, shall be conveyed to a corporation or trust comprising a homeowners' association whose membership includes the owners of all lots or dwelling units contained in the development. The developer shall include in the deed to owners of individual lots beneficial rights in said open space and shall grant a conservation restriction to the Town of Ashland over such land pursuant to G.L. c. 184, ss. 31 through 33, to ensure that such land is kept in an open or natural state, except as authorized, supra. This restriction shall be enforceable by the Town through its Conservation Commission in any proceeding authorized by G.L. c. 184, s. 33. In addition, the developer shall be responsible for the maintenance of all improvements to the land until such time as the homeowners' association is capable of assuming such responsibility, and/or the Town has accepted responsibility for rights-of-ways and any assigned easements. In order to assure that the association will properly maintain the land deeded to it under this section, the developer shall cause to be recorded at the Middlesex County Registry of Deeds, or other cognizant authority, a Declaration of Covenants and Restrictions that shall, at a minimum, provide the following:
1.
Mandatory membership in an established homeowners' association as a requirement for ownership of any lot in the development.
2.
Provision for maintenance assessments of all lots in order to ensure that the developed and open space land is maintained in a condition suitable for uses approved by the homeowners' association. Failure to pay such assessment shall create a lien on the property assessed, enforceable by either the homeowners' association or other owner of any lot.
3.
Provisions, which so far as possible under the existing law, will ensure that the restrictions placed on the use of the developed and open space land will not terminate by operation of law or, that in the case of termination, that mandatory renewal of all restrictions shall occur automatically.
7.2.12
Decision. The Planning Board may impose additional conditions not inconsistent with this or other sections of the Zoning By-law.
7.3
CLUSTER DEVELOPMENT
7.3.1
Purpose. The purpose of cluster development is to:
1.
allow more intensive screened use of separately owned lots by a building and its accessory structures together with preservation of common open space for scenic, agricultural, recreation, and conservation purposes, otherwise not provided by conventional subdivision plans;
2.
preserve more greenery and woodlands through less disturbance, temperance of the appearance of suburban sprawl associated with conventional subdivision development; and
3.
promote less costly development and maintenance outlay.
7.3.2
Administration. The Planning Board may by special permit grant approval for the construction and occupancy of a cluster development, supplemented by appropriate amenities as agreed to by the owner, on a parcel of land in excess of five (5) contiguous acres located in a Residential Districts. Such cluster development shall also require approval under the Subdivision Rules and Regulations of the Planning Board.
7.3.3
Application Procedure. To promote better communication and avoid misunderstanding, applicants are encouraged to submit preliminary proposals and plans for informal review prior to formal application. The following submission is required.
1.
Applicants for a cluster development shall submit to the Planning Board six (6) copies of a completed application and ten (10) copies of a plan meeting the specifications for a preliminary plan as established by the Subdivision Regulations adopted by the Ashland Planning Board. Said plan shall also indicate proposed building uses, building locations and development schedule and shall have been prepared by a landscape or registered architect, or civil engineer. Submitted application materials shall also indicate the applicant's legal interest in the land to be developed, the form of organization to be proposed to own and maintain the common land, the substance of covenants and grants of easements to be imposed upon the use of land and structures and the development schedule.
2.
At least four (4) copies of a site analysis shall be submitted, consisting of one (1) transparent copy of the above plan, and a series of site analysis drawings at the same scale, each on a separate sheet, indicating analysis of hydrologic systems, vegetation cover, slope and land form, soils and geology and such other characteristics as required by the rules and regulations of the Planning Board.
3.
Review and decision. Forthwith upon receipt of the application and required plans, the Planning Board shall transmit one (1) copy each to the Board of Health and Conservation Commission. The Board of Health and Conservation Commission shall submit written reports to the Planning Board within thirty-five (35) days of the referral, and the Planning Board shall make no decisions upon the application until receipt of all such reports or until thirty-five (35) days have elapsed since date of referral without such reports.
4.
Under this section, the Planning Board shall give consideration to the reports of the Board of Health and Conservation Commission and to the degree to which the proposed development conforms to the intent of the cluster development.
7.3.4
Requirements. A cluster development must conform to the following:
1.
An applicant for cluster development consideration, in determining the limit on the number of dwelling units which can be built on a specific tract, must determine the number of lots by the two methods listed below. The numbers of lots shall be determined based on whatever method depicts the least amount of lots.
2.
The total number of dwelling units shall not exceed the number for which the tract could have been developed (conventional lots), but for the provisions of this section. The applicant shall present calculations and a scaled drawing depicting a conventional development, for review and concurrence by the Planning Board.
3.
The total number of dwelling units shall not exceed that allowed by the following formula concurred with by the Planning Board:
[Amended 5-5-2010 ATM, Art. 16]
USABLE ACRES/MINIMUM LOT AREA = NUMBER OF CONDENSED SIZE LOTS WHERE USABLE ACRES = [TOTAL TRACT ACRES]-[20% EXCLUSION OF TRACT ACRES (streets, walks, easements, etc.)]-[50% TRACT ACRES FOR OPEN SPACE] |
No structure shall be built or used in a cluster development except in compliance with the use regulations of Section 3.1 [Principal Uses] and with the following dimensional regulations. |
Minimum Yards (feet) | |||||
|---|---|---|---|---|---|
District | Minimum Lot Area (square feet) | Frontage | Front | Side | Rear |
RA | 15,000 | 75 | 20 | 10 | 30 |
RB | N/A | N/A | N/A | N/A | N/A |
RM | N/A | N/A | N/A | N/A | N/A |
4.
Side and rear yard requirements shall apply only where the lot in the cluster development abuts non-cluster adjacent property, elsewhere side and rear yard requirements may be waived by the Planning Board.
5.
Larger lot sizes may be required, as determined by the Planning Board with advisory by the Board of Health, where public sewerage is not available, and considering soil conditions, water table and slope conditions.
6.
No lot shall have more than ten percent (10%) of its minimum lot area made up of wetlands and slopes greater than twenty-five percent (25%) in grade, singularly or combined.
7.
Only single-family dwellings shall be allowed in cluster developments unless provisions of Subsection 7.3.7 are followed.
8.
Buildings shall be oriented with respect to scenic vistas, natural landscape features, topography and natural drainage areas in accordance with criteria for site plan review of this 9.4.
9.
New dwellings shall be grouped so that fields, pastures, woodlands, and road frontage remain as undeveloped as possible. To serve the purposes of this requirement, subdivision definitive plans shall depict the approximate location line of undisturbed woodlands and other greenery associated with separate building lots.
7.3.5
Open Space. All remaining land in the cluster development not contained in building lots or within road rights-of-way shall be held for common use of the residents of the development and, in some circumstances, of the Town as open space and shall meet the following requirements:
1.
All such open space parcels, together, shall equal not less than fifty percent (50%) of the overall tract area of the cluster development and shall have building coverage of not more than five percent (5%).
2.
Each parcel of such open space or group of adjoining parcels shall be at least two (2) acres in area, have not less than twenty (20) feet frontage on a street and be of such shape and condition as to be useful for recreation or conservation purposes. No more than fifty percent (50%) of all common open space shall consist of wetlands and slopes greater than twenty-five percent (25%) in grade.
3.
At least fifty percent (50%) of all lots in a cluster development having reduced lot area shall abut such open space parcels, and no lot having reduced lot area shall be more than eight hundred (800) feet via streets from such parcels, which may be waived by the Planning Board.
4.
Desirable qualities of open space reservations are continuity of open space within the development and into existing or potential adjoining developments, protection of watercourses, wetlands, and other ecologically sensitive areas, configuration reflecting land forms and existing vegetative patterns and inclusion of open space to lots of reduced size.
7.3.6
Open Space Conveyance. Open space and such other facilities as may be held in common shall be conveyed to one of the following, as determined by the Planning Board, subject to the following guidelines. In general, valuable natural resource land such as wetlands not suitable for any public use or suitable for extensive agricultural or public recreational use should be conveyed to the Town, or a trust, or nonprofit organization; whereas land that will be principally used by the residents of the cluster development should be conveyed to a homeowners' association.
1.
To a corporation or trust comprising a homeowners' association whose membership includes the owners of all lots or units contained in the tract. The developer shall include in the deed to owners of individual lots beneficial rights in said open space and shall grant a conservation restriction to the Town of Ashland over such land pursuant to G.L. c. 184, ss. 31 through 33, to ensure that such land is kept in an open or natural state and is not built upon for residential use or developed for accessory uses such as parking, streets or driveways. This restriction shall be enforceable by the Town through its Conservation Commission in any proceeding authorized by G.L. c. 184, s. 33. In addition, the developer shall be responsible for the maintenance of the common land and any other facilities to be held in common until such time as the homeowners' association is capable of assuming said responsibility.
2.
In order to ensure that the association will properly maintain the land deeded to it under this section, the developer shall cause to be recorded at the Middlesex County Registry of Deeds a Declaration of Covenants and Restrictions that shall, at a minimum, provide for the following:
a.
Mandatory membership in an established homeowners' association as a requirement for ownership of any lot in the tract.
b.
Provision for maintenance assessments of all lots in order to ensure that the open land is maintained in a condition suitable for uses approved by the homeowners' association. Failure to pay such assessment shall create a lien on the property assessed, enforceable by either the homeowners' association or the owner of any lot.
c.
Provisions, which, so far as possible under the existing law, will ensure that the restrictions placed on the use of the open land will not terminate by operation of law or, that in the case of termination, that mandatory renewal of all restrictions shall occur automatically.
3.
To the Town for a park or open space use, subject to the approval of the Select Board, with a deed restriction ensuring that it is maintained as open space.
[Amended 11-20-2019 STM, Art. 14]
4.
To a trust or nonprofit organization for natural resources land or open land not suitable for public use. In the case of land that is to be maintained as active agricultural land, the land must be conveyed to a trust or nonprofit organization whose primary purpose is the preservation of farmland.
5.
Subject to the above, the open space may be used for agricultural, conservation or recreational purposes including golf courses, riding trails, tennis courts, gardens, swimming pools and temporary structures. The Planning Board may permit open land of a homeowners' association to be used for individual septic systems or for communal septic systems if it and the Board of Health are convinced that proper legal safeguards exist for proper management of an association-owned system.
6.
Prior to development or sale of any lot within a cluster development, all lots to be so developed shall be shown on a plan recorded in the Registry of Deeds or registered with the Land Court, and a covenant or other instrument satisfactory to the Planning Board shall have been executed assuring the open space or recreational use of lands so designated in the application.
7.
The cluster development shall be so designed that internal access, drainage, utilities and grading shall be functionally equivalent to that required for conventional lots in the Planning Board's adopted Subdivision Regulations or other rules and regulations, if applicable.
7.3.7
Development Incentive for Affordable Housing.
1.
An applicant may apply to increase the number of dwelling units up to a maximum of twenty-five percent (25%) of the units otherwise permitted on the tract under this section, provided that a minimum of ten percent (10%) of all units in the tract are affordable. In all cases affordable units shall be mingled with market-rate housing units.
2.
The applicant for the development incentive shall document the affordable units' sales prices and how that affordability will be guaranteed over time. For the purposes of this section, the affordability criteria and standards for affordability guarantees of the Ashland Affordable Housing Committee shall be used. In the absence of such criteria, the criteria and standards of the Massachusetts Home Ownership Program shall be used. In cases involving the sale of units to the Ashland Housing Authority, the Commonwealth of Massachusetts Executive Office of Communities and Development's standards and regulations governing such sales shall apply.
3.
The Planning Board shall have the discretion to allow the use of attached dwelling units in a project developed under this section. No more than two (2) dwelling units per structure shall be allowed. Attached dwelling units shall be allowed upon meeting the following conditions:
4.
The Planning Board may require as a condition of this section that, in lieu of all or some of the affordable units being provided within the development, the developer shall:
a.
Provide all or some of the required affordable units on a site different from the development, and provided that in all cases it is reasonably mixed with market-rate housing; or
b.
Provide all or some of the required affordable housing through an alternative means other than those already listed in this subsection.
5.
In the case of a development of five (5) or fewer dwelling units or a development sponsored and operated by a nonprofit or charitable organization, the Planning Board may, at its discretion, modify the requirements of this section to avoid economic hardships.
7.3.8
Further Requirements.
1.
Only residential, agricultural, recreational or conservation uses shall be permitted within a cluster development.
2.
Subsequent to definitive plan endorsement, the Planning Board may permit relocation of lot lines within the cluster development. However, any change in overall density, street layout or open space layout will require further public hearings.
3.
All streets within the development shall conform to current Planning Board Subdivision Regulations' construction standards and shall provide access in and to the project, as required by said regulations.
7.4
ASSISTED ELDERLY FACILITIES
7.4.1
Purpose. The purpose of this section is to:
1.
promote the availability of elderly assisted living services in the Town of Ashland;
2.
provide for the elderly and/or adult disabled persons; and
3.
encourage residential settings that promote the dignity, individuality, privacy and decision making ability of such persons. Residential units providing such services shall not be considered to be multifamily or apartment units.
7.4.2
Administration. Elderly Assisted Living Residences shall be permitted in the RA, RB, CH, CD and in the Mixed Use Special District. An Elderly Assisted Living Residence shall be authorized by special permit from the Planning Board, hereunder, if application is in compliance with the following provisions:
1.
the proposed use will not produce adverse effects on the use or development of the neighboring area because of noise, traffic and type of physical activity;
2.
the site has reasonable access to transportation, medical services, shopping areas, recreational and other community services frequently desired by the elderly;
3.
the site is reasonably protected from excessive noise, air pollution and other harmful physical influences;
4.
the proposed use shall be served by municipal water and sewer services unless the Planning Board, with advice from the Ashland Board of Health and/or the Department of Public Works, deems that alternative on-site services shall meet the long term needs of such proposed use and the Town of Ashland;
5.
the requirements of Section 9.4, site plan review, shall be in force.
6.
the site, when utilized for the purposes of this Section and combined with any other use or uses allowed in the underlying zoning district, is of sufficient size, shape, topography and location as determined by the Planning Board to be capable of accommodating such multiple uses.
7.4.3
Types of Residences.
1.
Congregate Living Residences (CONR). An elderly assisted living residence that provides, in accordance with individualized service plans, a non-institutional, shared residential environment, that integrates shelter and service needs of qualified residents and residential partners. Each resident or residential partnership shall live independently. Residents are ordinarily ambulatory, without need of medical attention or supervision as would be provided by nursing care facilities. Within a CONR, each resident or residential partnership shall be provided a private bedroom and bathroom, a minimal kitchen facility, and shall share living rooms/lounges, common use kitchens and dining facilities customarily provided for other CONR residents.
2.
Continuing Care Residential Community (CCRC). A combination of elderly assisted living residences developed in a campus-like residential grouping that provides accommodations/care by provision of Independent Living Residences (ILRS) and Congregate Living Residences (CONRs).
3.
Independent Living Residence (ILR). An elderly assisted living residence that provides separate residential accommodations. Such ILR shall be single unit detached or attached housing or apartments providing full living accommodations. Residents and/or resident partners, with prior arrangement, shall be offered participation in sharing use of other on-site ancillary services including, but not limited to, personal care services, recreational facilities and common dining facilities.
7.4.4
Dimensional Requirements. The following requirements shall be met:
1.
Minimum lot area and minimum frontage shall coincide with that of the zoning district in addition to satisfying the special requirements set forth in this Section.
2.
Setbacks. Front and rear yards shall be fifty (50) feet minimum. Minimum side yard setbacks from abutting residential use properties shall be fifty (50) feet for proposed buildings meeting maximum height requirements of five (5) stories, subject to compliance with the State Building Code.
[Amended 5-6-2009 ATM, Art. 27]
3.
Building Considerations. Lot coverage (density) - twenty-five (25) % maximum. Floor area ratio - 0.5 maximum. Building height - the underlying zoning district will dictate allowed building height except in the CH, CD, and in the Mixed Used Special District where buildings having a primary use as specified in this section can have a height up to the greater of five (5) stories or the applicable height regulation, subject to compliance with the State Building Code if deemed by the Planning Board to be consistent with the character of the surrounding neighborhood in terms of scale and architecture and/or to promote minimization of long corridors in maintaining the appearance of residential rather than institutional use.
[Amended 5-6-2009 ATM, Art. 27]
4.
Distance between proposed service buildings - twenty (20) feet minimum.
5.
Buffering/Screening - Within a distance of thirty (30) feet, minimum, of side and rear yard boundaries and ten (10) feet of a front yard boundary, in place landscape greenery or other screening method(s) existing at time of development and which can serve to obstruct the view of adjacent land use properties from one another, shall remain undisturbed, except for underbrush clearing and general maintenance. If such existing buffering/screening is deemed insufficient it shall be supplemented, as determined by the Planning Board. Remaining non-buffered yard areas shall stay unoccupied, except to support limited parking needs, recreational ancillary use, and landscaped to provide for pedestrian/ handicapped and emergency vehicle access.
7.4.5
Parking Requirements. The following off-street parking requirements shall be in force:
1.
Congregate Living Residences, and, as applicable, Independent Living Residences;
a.
one-half (0.5) off-street resident/visitor parking spaces for each bed or bedroom unit, minimum.
b.
off-street loading area - one (1) space for each thirty thousand (30,000) square feet of gross floor area, or a fraction thereof. No off-street parking area shall be considered as an off-street loading area.
c.
off-street employee (staff) parking space needs shall be determined by the total proposed employee count divided by the number of work shifts/periods plus eight (8) spaces. The resulting number shall be increased by the number of facility vehicles required to serve the facility and resident needs. Such total parking space needs shall be segregated from residential and visitor parking and so designated by signs.
d.
Development incentive - Notwithstanding the provision stated at subsection c., above, as an alternative thereto, an applicant for a development incentive to allow building height to exceed thirty (30) feet maximum shall include provisions to provide ground level and/or underground level parking facilities contained within each building foundation. Total building height may exceed allowable maximum of the equivalent that such contained parking is provided [number of stories, not exceeding two [2]). The total effect shall result in additional open space yard areas abutting each such building; utilized to support additional resident recreational ancillary use. The floor area of any underground parking facility need not be included to determine compliance with floor area ratio requirements.
4.
Reduction of parking space requirements may be authorized by the Planning Board based upon presentation of substantiated statistical data.
7.4.6
Ancillary Uses. Elderly assisted living residence providers may furnish ancillary uses within a residential building or congregated in a separate structure, or both as approved by the Planning Board. Any commercial sales/service enterprises, as may be desirable for the convenience of those served, may include, but are not limited to barbers/hairdressers, retail sales, restaurants, snack bars, gift shops, laundry services, banking, financial services, businesses and professional offices and non-resident elderly day care, subject to the following conditions:
1.
Ancillary uses shall be made available for use and convenience of the residents, guests and staff of an elderly assisted living unit residence or combination of residences. Any use provided for off-site patrons shall maintain traffic patterns and sufficient off-street parking, segregated from areas and access which are provided for resident, visitor and staff use; and shall not impact the functioning of the principal use, as determined by the Planning Board.
2.
Ancillary uses shall not exceed twenty (20%) percent of the gross floor area allocated for residential use unless approved by the Planning Board.
3.
Capacity of any restaurant/snack bar shall not exceed sixty (60) seats unless approved by the Planning Board.
4.
Ancillary uses located within a residential structure shall have no exterior advertising display except for signs approved by the Planning Board, with advice from the Inspector of Buildings.
5.
No on-site public retail or professional services shall be permitted as primary or ancillary uses within a RA or RB zoning district.
7.4.7
Decision. The Planning Board may impose additional conditions not inconsistent with this or other sections of the Zoning By-Law.
7.5
MULTIFAMILY DWELLINGS
7.5.1
Administration. The Board of Appeals may grant a special permit for the construction and occupancy of multifamily dwellings on any parcel in excess of five (5) contiguous acres in the RM District subject to the following regulations and conditions.
7.5.2
Application. Applicants shall submit to the Board of Appeals five (5) copies of the following:
1.
An application.
2.
A site plan prepared by a registered architect, landscape architect and civil engineer, showing existing and proposed topography, proposed structures, drives, parking, landscaping and screening, utilities, drainage and reserved open space, if any.
3.
A ground floor plan, sections and elevations of all proposed buildings.
4.
Materials indicating the proposed number of dwelling units, distinguishing units by number of bedrooms and any special occupancies (elderly or handicapped); form of tenure and subsidies anticipated; rent or sales prices, including any commitments for price ceilings; methods of water supply and sewerage disposal; time schedule for construction of units and improvements; service improvements proposed at the developer's and those anticipated at the town's expense; and means, if any, of providing for design control.
7.5.3
Impact Statement. An analysis of the consequences of the proposed development, shall be submitted, evaluating the following impacts at a level of detail appropriate to the number of units proposed:
1.
Natural environment: groundwater and surface water quality, groundwater level, stream flows, erosion and siltation, vegetation removal (especially unusual species and mature trees) and wildlife habitats.
2.
Public services: traffic safety and congestion, need for water or sewer system improvements, need for additional public recreation facilities and need for additional school facilities.
3.
Social environment: rate of town population growth and range of available housing choice.
4.
Visual environment: visibility of buildings and parking and visual consistency with existing development in the area.
5.
In the case of proposals for thirty (30) or more dwelling units, a site analysis shall also be submitted, consisting of a series of site analysis drawings at the same scale as the site plan, each on a separate sheet, indicating analysis of hydrologic systems, vegetative cover, slope and land form, soils and geology and such other characteristics as the applicant deems advisable.
7.5.4
Procedure. Forthwith upon receipt of the above materials, the Board of Appeals shall deliver one (1) set to the Chairman or designated alternate of the Planning Board, Conservation Commission and Board of Health for their review and recommendation, which shall be considered in the Board of Appeal's decision. No decision on a special permit for multifamily dwellings shall be made within thirty-five (35) days of the application without receipt of a report from the Planning Board, Board of Health and Conservation Commission.
7.5.5
Security. Before issuance of a special permit, a performance bond in the amount determined by the Board of Appeals shall have been posted in the name of the town assuring construction of access, utilities and drainage and cleanup following such construction in compliance with this chapter.
1.
Work covered under the above performance bond shall be done under notification and inspection rules as established in the Ashland Planning Board's Subdivision Regulations, and the bond shall not be released until all work has been inspected and found to comply with all applicable laws and requirements.
7.5.6
Site Requirements.
1.
The site shall be so designed that accessways, utilities and drainage serving each structure meet the standards of the Ashland Planning Board's Subdivision Regulations; visibility of parking areas for eight (8) or more cars is minimized from public ways or from adjacent premises: lighting of parking areas avoids glare on adjoining premises; major topographic changes and removal of existing trees is avoided; and effective use is made of topography, landscaping and building placement to protect, to the degree feasible, the character of the environs.
2.
Multifamily dwellings shall be so designed and located that egress does not create a hazard on any street or create substantial increase in traffic on any street other than a principal street.
3.
Multifamily dwellings shall be allowed only if connected to a municipal sewer system.
7.5.7
Dimensional Requirements. Required lot area, frontage, setback and yards shall be subject to the following requirements:
1.
Lot area shall equal not less than five thousand (5,000) square feet per dwelling unit, plus two thousand five hundred (2,500) square feet per bedroom.
2.
Lot frontage shall equal at least three hundred (300) feet or one hundred fifty (150) feet if abutting other premises developed for multifamily use.
3.
Front, side and rear yards shall be not less than fifty (50) feet, except that no multifamily structure or parking area serving a multifamily structure shall be less than three hundred (300) feet from any existing public street or less than two hundred (200) feet from any other premises not zoned RM.
4.
Within the three-hundred-foot street setback, there shall be no development, except for access drives essentially perpendicular to the street, and no removal of trees having trunk diameter of six (6) inches or greater, except as essential for access and safe visibility for egressing vehicles and to remove unhealthy trees.
5.
Required yards abutting a public way and required side and rear yards shall be maintained or landscaped so as to provide a dense planting of trees and shrubs with an effective height of at least six (6) feet.
6.
Building height shall not exceed twenty-eight (28) feet. No building shall exceed two (2) stories in height.
7.5.9
Decision. In considering approval of a special permit, the Zoning Board of Appeals shall seek an advisory from the Planning Board or its designated agent on the advisability of reducing lot area to seventy-five percent (75%) of that otherwise required herein for any development sponsored by a public agency, nonprofit, limited dividend organization or cooperative in which forty percent (40%) or more of the dwelling units are to be subsidized for people of low or moderate income under programs regulated and financially assisted by agencies of the government of the United States or of the Commonwealth of Massachusetts under programs for that purpose. The special permit shall impose appropriate safeguards to ensure continued use of forty percent (40%) or more of the family units for subsidized housing. No special permit shall be issued prior to receipt of such advisory, unless forty-five (45) days have elapsed from the date of submission of the request by the Zoning Board of Appeals. Failure to advise within the time limit shall be deemed a favorable recommendation.
7.5.10
Phasing. Upon authorization of multifamily use by the Zoning Board of Appeals, the Planning Board shall establish an annual limit for the number of dwelling units to be authorized, taking into consideration the town-wide building rate experienced over the previous two (2) years and anticipated over the next half dozen years, the needs which the housing will serve, the ability of the town to provide services in a timely manner and the housing cost and feasibility consequences of the limitation.
7.6
ACCESSORY DWELLING UNIT
[Amended 5-7-2025 ATM, Art. 17]
7.6.1
Purpose. The purpose of this section is to permit Accessory Dwelling Units (ADUs) in single-family residential districts subject to the standards and procedures here and after set forth. It is also the intent to maintain the single-family character of neighborhoods containing ADUs. An ADU created under this bylaw shall be a Protected Use ADU. The As of Right permitting of ADUs is intended to:
7.6.2
Definitions. For the purpose of this bylaw, the following definition shall apply:
1.
Accessory Dwelling Unit; A self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same Lot as a Principal Dwelling, subject to otherwise applicable dimensional and parking requirements, that:
a.
maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the Principal Dwelling sufficient to meet the requirements of the Building Code for safe egress;
b.
is not larger in Gross Floor Area than 1/2 the Gross Floor Area of the Principal Dwelling or 900 square feet, whichever is smaller; and
c.
is subject to such additional restrictions as may be imposed by a municipality including, but not limited to, additional size restrictions, and restrictions or prohibitions on Short-term Rental as defined in M.G.L. c. 64G, § 1; provided, however, that no Municipality shall unreasonably restrict the creation or rental of an ADU that is not a Short-term Rental.
2.
Dwelling Unit; A single housing unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
3.
Gross Floor Area; The sum of the areas of all stories of the building of compliant ceiling height pursuant to the Building Code, including basements, lofts, and intermediate floored tiers, measured from the interior faces of exterior walls or from the centerline of walls separating buildings or dwelling units but excluding: crawl spaces, garage parking areas, attics, enclosed porches and similar spaces. Where there are multiple Principal Dwellings on the lot, the Gross Floor Area of the largest Principal Dwelling shall be used for determining the maximum size of an ADU.
4.
Principal Dwelling; A structure, regardless of whether it, or the Lot it is situated on, conforms to Zoning, including use requirements and dimensional requirements, such as setbacks, bulk, and height, that contains at least one Dwelling Unit and is, or will be, located on the same Lot as a Protected Use ADU.
5.
Protected Use ADU; An attached or detached ADU that is located, or is proposed to be located, on a Lot in a Single-family Residential Zoning District and is protected by M.G.L. c. 40A, § 3, provided that only one ADU on a lot may qualify as a Protected Use ADU. An ADU that is nonconforming to Zoning shall still qualify as a Protected Use ADU if it otherwise meets this definition.
6.
Short-term Rental; An owner-occupied, tenant-occupied or non-owner-occupied property including, but not limited to, an apartment, house, cottage, condominium or a furnished accommodation that is not a hotel, motel, lodging house or bed and breakfast establishment, where:
7.6.3
General Requirements:
1.
An ADU shall only be permitted in a zoning district that allows principal dwellings.
2.
An ADU is only allowed as an accessory to principal dwelling.
3.
An ADU is allowed within, attached to, or detached from a principal dwelling.
4.
No more than one ADU shall be permitted for each principal dwelling unit, and not more than one ADU shall be permitted per lot.
5.
The ADU and the principal dwelling unit shall remain on the same lot and shall not be divided into two (2) separate lots.
6.
An ADU shall not be utilized as a short-term rental. Short-term rentals are prohibited in both the accessory and principal dwelling unit.
7.6.4
Exterior Appearance and Size.
1.
The ADU shall be limited to a maximum of fifty percent (50%) of the gross floor area of the principal dwelling unit or nine hundred (900) square feet, whichever is smaller.
2.
The ADU shall be fully located within the dimensional setbacks of the zoning district.
3.
Where the ADU has an entrance on the front facade of a dwelling, the ADU entrance shall be secondary in appearance to the entrance of the principal dwelling unit.
4.
All stairways to an ADU located above the first floor shall be enclosed within exterior walls or be located on sides other than the street (front) side of the lot, unless otherwise required by applicable provisions of the State Building Code.
5.
Driveways shall be designed in conformance with section 6.3 of Ashland's zoning bylaws with an exemption provided for section 6.3.5: Common Driveway Special Permit.
7.6.5
Disposal of Sewage. Adequate provision shall be made for the supplying of water and the disposal of sewage.
1.
If the principal dwelling unit is served by public water and sanitary sewer, the ADU shall be connected to public water and sanitary sewer. ADUs are recommended to have a separate water meter from the principal dwelling.
2.
If public water and/or sanitary sewer is not available, the ADU shall be in accordance with the requirements of the Board of Health. Such determination shall be made prior to the issuance of a building permit.
7.6.6
Parking. One (1) Parking space with the exception of properties within one-half (1/2) mile of a transit station as defined in 760 CMR 71.02, shall be provided with a designated off-street driveway area or garage.
7.6.7
Permitting Regulations and Permit Review Authority
1.
The Building Commissioner shall be the permit granting authority for an ADU.
2.
Any new building or structure shall conform to all adopted state and town laws, bylaws, codes and regulations. No building shall be occupied until a certificate of occupancy has been issued by the Building Commissioner where required.
7.6.8
Nonconformities.
1.
If an attached ADU is proposed for a pre-existing, non-conforming single-family primary residence, the requirements of Sections § 3.3 of this Zoning Bylaw shall apply provided that, in the event a special permit is required, no such special permit may consider the ADU use or impose conditions on such use.
7.7
SPECIAL PROVISIONS FOR HIGHWAY COMMERCIAL (CH) DISTRICT. In order to encourage mixed use facility within Commercial Districts on arterial roadways, the following special provisions shall apply in the Highway Commercial (CH) District: 1) mixed residential and commercial uses in the same buildings, subject to a Special Permit issued by the Planning Board and Site Plan Review as set forth in Section 9.4. Number of dwelling units permitted shall not exceed a maximum of five (5) units per acre.