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Erving City Zoning Code

ARTICLE 230

8.0 SPECIAL RESIDENTIAL REGULATIONS

§ 230-8.1 ACCESSORY DWELLING UNIT (ADU) IN DETACHED BUILDING.

8.1.1. 
Purpose. The purpose of permitting an ADU in a detached building is to provide homeowners with a means of obtaining rental income, companionship, security, and services, by adding moderately priced rental units to the housing stock to meet the needs of smaller households.
8.1.2. 
Conditions and Requirements. The Planning Board (SPGA) may issue a special permit for the installation and use of an ADU in a detached building, subject to following conditions:
1. 
The ADU will be a complete dwelling unit with a separate entry and contain a kitchen and bathroom.
2. 
The gross floor area of the ADU shall not be greater than 900 square feet. Floor area means finished living space, but does not include unfinished attic space, unfinished basement space, unfinished garage or barn space, porch, or patio. An ADU cannot be enlarged by future additions.
3. 
Only one ADU may be created within a detached building or on the house lot.
4. 
An ADU shall be located within an existing accessory structure such as a garage or barn, or a new accessory structure located on the same lot as the principal single unit dwelling. The ADU must meet all front, side, and rear yard setbacks for the zoning district in which it is located according to Article 230-4.0 Dimensional Regulations, unless a special permit is issued by the SPGA.
5. 
The ADU must have a minimum of 1 off-street parking space provided in addition to the off-street parking spaces required for the single-unit dwelling.
6. 
The design and room sizes of the ADU must conform to all applicable standards in the health, building, and other codes. A permit for an ADU may only be approved subject to obtaining any required approvals from the Board of Health, including compliance with the State Sanitary Code 310 CMR 15.00 ("Title V") for septic systems, where applicable.
7. 
For dwellings served by on-site septic system, the owner must obtain a letter from the Board of Health stating the existing sewage disposal system is adequate for the proposed ADU before a building or special permit can be obtained.
8. 
An application for building permit or special permit for an ADU shall include any information necessary to show proposed interior and exterior changes and to determine compliance with the conditions of this subsection, including a plot plan and floor plans with proposed interior and exterior changes to the building.
8.1.3. 
Modification or Waiver. In order to encourage the development of housing units for disabled and handicapped individuals and persons with limited motility, the Building Inspector or the SPGA may allow reasonable deviation from the stated conditions where necessary to install features that facilitate access and mobility for disabled persons, all pursuant to M.G.L. c. 40A, s. 3.

§ 230-8.2 FLEXIBLE DEVELOPMENT.

8.2.1. 
Purpose. The purpose of this Section, Flexible Development, is:
1. 
To encourage the preservation of undeveloped land for its scenic beauty; to protect the natural environment, including the Town's varied landscapes and water resources and to enhance opportunities for recreational uses;
2. 
To preserve historical and archeological resources;
3. 
To promote more sensitive siting of buildings and better overall site planning;
4. 
To facilitate the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner;
5. 
To offer an alternative to standard subdivision development; and
6. 
To promote the development of housing affordable to low, moderate, and median income families.
8.2.2. 
Definitions. See "Flexible Development" in Article 230-11.0.
8.2.3. 
Applicability. In accordance with the following provisions, a Flexible Development project may be created, whether a subdivision or not, from any parcel or set of contiguous parcels of 5 or more acres held in common ownership.
8.2.4. 
Procedures. Flexible Development may be authorized upon the issuance of a special permit by the Planning Board. Applicants for Flexible Development shall file with the Planning Board 6 copies and an electronic copy of the following:
1. 
A development plan conforming to the requirements for a preliminary plan as set forth in the Subdivision Rules and Regulations of the Planning Board.
2. 
Where wetland delineation is in doubt or dispute, the Planning Board may require appropriate documentation.
3. 
Data on proposed wastewater disposal, which shall be referred to a consulting engineer for review and recommendation.
4. 
The Planning Board may also require as part of the development plan any additional information necessary to make the determinations and assessments cited herein.
8.2.5. 
Design Process. Each development plan shall follow the design process outlined below. When the development plan is submitted, applicants shall be prepared to demonstrate to the Planning Board that this Design Process was considered in determining the layout of proposed streets, house lots, and contiguous open space.
1. 
Understanding the Site. The first step is to inventory existing site features, taking care to identify sensitive and noteworthy natural, scenic and cultural resources on the site, and to determine the connection of these important features to each other.
2. 
Evaluating Site Context. The second step is to evaluate the site in its larger context by identifying physical (e.g., stream corridors, wetlands), transportation (e.g., road and bicycle networks), and cultural (e.g., recreational opportunities) connections to surrounding land uses and activities.
3. 
Designating the Contiguous Open Space. The third step is to identify the contiguous open space to be preserved on the site. Such open space should include the most sensitive and noteworthy resources of the site, and, where appropriate, areas that serve to extend neighborhood open space networks.
4. 
Location of Development Areas. The fourth step is to locate building sites, streets, parking areas, paths and other built features of the development. The design should include a delineation of private yards, public streets and other areas, and shared amenities, so as to reflect an integrated community, with emphasis on consistency with the Town's historical development patterns.
5. 
Lot Lines. The final step is simply to draw in the lot lines (if applicable).
8.2.6. 
Modification of Lot Requirements. The Planning Board encourages applicants for Flexible Development to modify lot size, shape, and other dimensional requirements for lots within a Flexible Development, subject to the following limitations:
1. 
Lots having reduced area or frontage shall not have frontage on a street other than a street created by the Flexible Development; provided, however, that the Planning Board may waive this requirement where it is determined that such reduced lot(s) are consistent with existing development patterns in the neighborhood.
2. 
Side and rear setbacks shall be required as set forth in the host district, but the Planning Board may reduce setbacks but not more than 50% of the required side and rear yards in the district.
8.2.7. 
Basic Maximum Number of Dwelling Units. The Basic Maximum Number of dwelling units allowed in a Flexible Development shall not exceed the number of lots which could reasonably be expected to be developed upon the site under a conventional plan in full conformance with all zoning, subdivision regulations, health regulations, wetlands regulations and other applicable requirements. The proponent shall have the burden of proof with regard to the design and engineering specifications for such conventional plan.
8.2.8. 
Affordable Component. As a condition of any special permit, the Planning Board will require a minimum of 10% of the total number of dwelling units to be restricted in perpetuity as Affordable Units. In that case, the Basic Maximum Number shall be adjusted to include any required Affordable Units. During construction, 1 affordable unit shall be sold or occupied for each 4 market rate units issued a certificate of occupancy. The restriction for the Affordable Units shall be approved as to form by legal counsel to the Planning Board, and a right of first refusal upon the transfer of such restricted homeownership units shall be granted to the local Affordable Housing Trust for a period not less than 120 days after notice thereof.
8.2.9. 
Types of Buildings. The Flexible Development may consist of any combination of single-unit or two-unit residential structures. Residential structures shall be oriented toward the street serving the premises and not the required parking area.
8.2.10. 
Roads. The principal roadway(s) serving the site shall be designed to conform with the standards of the Town where the roadway is or may be ultimately intended for dedication and acceptance by the Town. Private ways shall be adequate for the intended use and vehicular traffic and shall be maintained by an association of unit owners or by the Applicant.
8.2.11. 
Parking. Each dwelling unit shall be served by 2 off-street parking spaces. Parking spaces in front of garages may count in this computation.
8.2.12. 
Contiguous Open Space. A minimum of 20% of the parcel shown on the development plan shall be contiguous open space. Any proposed contiguous open space, unless conveyed to the Town or its Conservation Commission, shall be subject to a recorded restriction enforceable by the Town, providing that such land shall be perpetually kept in an open state, that it shall be preserved for exclusively agricultural, horticultural, educational or recreational purposes, and that it shall be maintained in a manner which will ensure its suitability for its intended purposes.
1. 
The percentage of the contiguous open space which is wetlands shall not normally exceed the percentage of the tract which is wetlands; provided, however, that the applicant may include a greater percentage of wetlands in such open space upon a demonstration that such inclusion promotes the purposes set forth in Section 1, above. In no case shall the percentage of contiguous open space which is wetlands exceed 50% of the tract.
2. 
The contiguous open space shall be used for conservation, historic preservation and education, outdoor education, recreation, park purposes, agriculture, horticulture, forestry, or for a combination of these uses, and shall be served by suitable access for such purposes.
3. 
The contiguous open space shall remain unbuilt upon, provided that the Planning Board may permit up to 10% of such open space to be paved or built upon for structures accessory to the dedicated use or uses of such open space, pedestrian walks, and bikepaths.
4. 
Underground utilities to serve the Flexible Development site may be located within the contiguous open space.
8.2.13. 
Ownership of the Contiguous Open Space. The contiguous open space shall, at the Applicant's election, be conveyed to:
1. 
The Town or its Conservation Commission.
2. 
A nonprofit organization, the principal purpose of which is the conservation of open space and any of the purposes for such open space set forth above.
3. 
A corporation or trust owned jointly or in common by the owners of lots within the Flexible Development. If such corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots in perpetuity. Maintenance of such open space and facilities shall be permanently guaranteed by such corporation or trust which shall provide for mandatory assessments for maintenance expenses to each lot. Each such trust or corporation shall be deemed to have assented to allow the Town to perform maintenance of such open space and facilities, if the trust or corporation fails to provide adequate maintenance, and shall grant the town an easement for this purpose. In such event, the town shall first provide 14 days written notice to the trust or corporation as to the inadequate maintenance, and, if the trust or corporation fails to complete such maintenance, the town may perform it. Each individual deed, and the deed or trust or articles of incorporation, shall include provisions designed to effect these provisions. Documents creating such trust or corporation shall be submitted to the Planning Board for approval, and shall thereafter be recorded.
8.2.14. 
Buffer Areas. A buffer area of 25 feet shall be provided at the perimeter of the property where it abuts residentially zoned or occupied properties, except for driveways necessary for access and egress to and from the site. No vegetation in this buffer area will be disturbed, destroyed or removed, except for normal maintenance. The Planning Board may waive the buffer requirement (i) where the land abutting the site is the subject of a permanent restriction for conservation or recreation; or (ii) where the land abutting the site is held by the Town for conservation or recreation purposes; or (iii) the Planning Board determines that a smaller buffer will suffice to accomplish the objectives set forth herein.
8.2.15. 
Stormwater Management. Stormwater management shall be consistent with the requirements for subdivisions set forth in the Rules and Regulations of the Planning Board.
8.2.16. 
Condominium or Homeowners' Association. In order to maintain and repair any common areas or the required open space, the developer shall create a condominium or homeowner's association. The documents establishing such association shall be approved as to form by Town Counsel.
8.2.17. 
Decision. The Planning Board may approve, approve with conditions, or deny an application for a Flexible Development after determining whether the Flexible Development better promotes the purposes of Section 8.2.1 of this Flexible Development ByLaw than would a conventional subdivision development of the same locus.
8.2.18. 
Relation to Other Requirements. The submittals and permits of this Section shall be in addition to any other requirements of the Subdivision Control Law or any other provisions of this Bylaw.

§ 230-8.3 SENIOR HOUSING FACILITY.

8.3.1. 
Purpose. The purpose of this Section is as follows:
1. 
To provide for the development and use of alternative housing and nursing care for the elderly;
2. 
To create home health care, housing and other supportive services for the senior population outside of an institutional setting;
3. 
To encourage the preservation of open space;
4. 
To provide alternative housing for seniors that cause relatively little demand on Town services;
5. 
To preserve the Town's residential character;
6. 
To provide such accommodations in a manner harmonious with the surrounding land uses while protecting natural resources and open space;
7. 
To provide housing which is affordable seniors who are Erving residents.
8.3.2. 
Definitions. See "Senior Housing Facility" in Article 230-11.0.
8.3.3. 
Applicability. The Planning Board may grant a special permit for a Senior Housing Facility as defined in Article 230-11.0 as set forth in the Table of Use Regulations, subject to the requirements of this Section.
1. 
This Section shall not apply to Senior Housing Facilities existing on the date of adoption of this Section.
8.3.4. 
Dimensional Requirements and Design Standards. Dimensional requirements and design standards shall be as follows:
1. 
Minimum Lot Size. The minimum lot size (square feet) shall be that required in the district.
2. 
Building Height. Any addition or new construction shall not exceed 35 feet in height as measured in accordance with the State Building Code. This shall not preclude the reuse and renovation of existing structures which may exceed this height limit.
3. 
Building Setbacks. Buildings shall be set back as required in the district for side and rear yards.
4. 
Minimum Lot Frontage. The minimum lot frontage shall conform to the requirements of the district where such use is located.
5. 
Town Services. Facilities shall be serviced by public or private water and wastewater systems of sufficient capacity to serve the project. Any extension and/or replacement of sewer and/or water lines necessary to provide sufficient capacity shall be the responsibility of the applicant.
6. 
Parking. The minimum number of parking spaces provided on the lot shall be 0.5 spaces per bedroom, plus spaces equal to the largest employee shift, plus one visitor space per every 10 bedrooms. These requirements may be reduced by the SPGA where public transit or the residents are unlikely to require such parking.
7. 
Access and On-site Circulation. Adequate on-site circulation shall be provided to and from the site, taking into consideration the adjacent sidewalks and streets and accessibility of the site and building(s) thereon for emergency vehicles. Adequate provision shall be made for off-street loading and unloading requirements of delivery vehicles and passengers using private transportation.
8. 
Public Safety. The facility shall have an integrated emergency call, telephone and other communication system to provide monitoring for its residents. There shall be sufficient site access for public safety vehicles. A plan shall be approved by the Fire Department for the emergency evacuation of residents with emphasis on ensuring the safety of residents with physical impairments.
9. 
Landscaping. Landscaping and screening is required to obscure visibility from beyond the boundaries of the premises of parking areas, dumpster locations and loading areas. The minimum setback from all property lines of such parking lots, dumpster locations, and loading areas, except for their points of ingress and egress, shall be 15 feet.
8.3.5. 
Accessory Uses. The operator of the Senior Housing Facility may also provide optional services on the site for the convenience of residents, including but not limited to transportation, barber/beauty services, sundries for personal consumption, laundry services and other amenities, provided such uses serve primarily the residents and staff of the Senior Housing Facility and the accessory uses shall be wholly within a residential structure and shall have no exterior advertising display. Adult social day care may be provided as an accessory use.
8.3.6. 
Special Permit Procedure. The procedure for a special permit under this Section shall be governed by § 230-10.5.