Groton City Zoning Code
§ 218-9.3
Multifamily use.
Multifamily use may be authorized by the special permit granting authority only in districts as indicated in § 218-5.2, Schedule of Use Regulations, and as specified below.
A.
Dwelling conversion. Conversion of an existing dwelling or structure accessory thereto so as to result in not more than three dwelling units on the premises may be authorized on special permit from the Planning Board but only if in compliance with the following:
[Amended 10-3-2020 by Art. No. 19]
(1)
The dwelling must have been in existence as of the date of adoption of this provision and not expanded within the 24 months previous to application for a special permit.
(2)
Conversion must not result in more than three dwelling units on the premises, including any in an accessory structure.
(3)
Habitable floor area must equal not less than 500 square feet times the number of dwelling units in the building.
(4)
There shall be no more than a ten-percent increase in the habitable floor area of the existing structure.
(5)
Any fire safety stairs shall be located out of sight of any street.
(6)
Provision must be made for a minimum of two off-street parking spaces per dwelling unit, § 218-8.1 notwithstanding. Such spaces may not be located nearer the street than the front wall of the building they serve and may not occupy more than 20% of the lot area not covered by buildings.
(7)
The owner of the premises must occupy one of the units except for temporary absences.
(8)
Lot area requirements are that lot area must be adequate to accommodate all of the above and must not be reduced through division unless the resulting lot meets the requirements of § 218-6.2.
(9)
Documentation must be submitted by the Board of Health indicating that either the existing sewage disposal facilities are adequate for the proposed use or that necessary alteration or replacement will be made.
B.
Age-restricted housing.
(1)
Within any district where special permits for age-restricted housing are authorized (see § 218-5.2), the Planning Board may grant a special permit for construction and occupancy of age-restricted housing having not more than 12 dwelling units in a single structure. It is intended that age- restricted housing shall, wherever possible, be located within close proximity to Town services such as shopping, post office, etc., shall serve an identified housing need and shall increase the range of available housing choices for Groton residents.
[Amended 10-3-2020 by Art. No. 19]
(2)
Number of units. For age-restricted housing, the number of dwelling units shall not exceed one unit per 5,000 square feet of lot area. However, depending on proximity to protected open space, natural visual or acoustic screening and topography, the Planning Board may authorize additional units up to a maximum of one unit per 3,000 square feet of lot area.
[Amended 10-3-2020 by Art. No. 19]
(3)
Minimum setbacks for age-restricted housing shall be set by the Planning Board to be in relation with the average setbacks of structures on abutting properties and character of the neighborhood in which such housing is to be constructed. In general, setbacks shall be kept free of structures and paving and be maintained with vegetation to provide screening and shade, except for necessary access drives.
[Amended 10-23-2021 ATM by Art. 15]
(4)
Design.
(a)
Design of exterior building walls shall minimize departure from single-family residential scale. Parking areas shall not contain more than 12 spaces each.
(b)
Outdoor lighting fixtures shall be the cutoff type, mounted no higher than 15 feet, oriented and shielded to avoid glare on adjoining premises.
(c)
To avoid traffic concern, any egress shall have at least 300 feet of visibility in each direction along state-numbered roads and at least 200 feet of visibility along other roads.
(d)
Where sidewalks exist on any abutting street, connecting sidewalks shall be provided within the development.
(e)
A minimum of one off-street parking space per dwelling unit shall be provided, rather than the number required under § 218-8.1.
(f)
The design of building form, building location, egress points, grading and other elements of the development shall:
[1]
Protect pedestrian safety within the site and egressing from it.
[2]
Minimize visual intrusion of parking area as viewed from public ways or abutting premises.
[3]
Minimize the volume of earth cut and fill, in general with no cut or fill greater than five feet.
[4]
Minimize the number of removed trees 12 inches in diameter or larger.
[5]
Control soil erosion, according to United States Department of Agriculture.
[6]
Avoid more than a ten-percent increase in peak-hour stormwater flow from the site for a one-year storm, no increase in storms of ten-year to one-hundred-year intensity.
[7]
Control headlight glare.
(5)
Age-restricted housing shall be subject to the granting of a special permit by the Planning Board based on the following criteria:
[Amended 10-23-2021 ATM by Art. 15]
(a)
Effect on the range of available housing choice for residents 55 years of age and older.
(b)
Service to identified housing needs of this population.
(c)
Service to current Groton residents.
(d)
Impact on the natural environment, especially on ground- and surface water quality and level, both for the proposed development and its environs and for the Town as a whole.
(e)
Impact on traffic safety and congestion, adequacy of water service for the development, as well as proximity to existing services for the residents.
(f)
Visual consistency with existing development in the area.
(g)
Maintenance of the integrity of the neighborhood.
C.
Planned multifamily/residential development. Unless authorized under Subsection A or B, multifamily use shall be as follows. Planned multifamily/residential development may be authorized by the Planning Board but not within a Primary Water Resource District and only if in compliance with the following:
(1)
Concept plan approval.
(a)
Planned multifamily/residential development under Subsection C requires concept plan approval by a two-thirds majority vote of an Annual or Special Town Meeting prior to being acted upon for special permit approval. Town Meeting approval may be made with conditions or limitations.
(b)
A concept plan shall consist of the following:
[1]
A schematic development plan, indicating in a general manner the location of buildings, roads, drives, parking, reserved open space, wells, on-site disposal facilities, drainage system, topography and grading, areas of retained vegetation and planting areas.
[2]
Floor plans and architectural elevations of typical dwellings.
[3]
Materials indicating the proposed number of square feet of gross floor area and habitable floor area; the number of dwelling units, distinguishing units by number of bedrooms and any special occupancies (elderly or handicapped); form of tenure; any subsidies anticipated; rent or sales prices, including any commitments for price ceilings; methods of water supply and sewage 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.
[4]
Analysis of the consequences of the proposed development, evaluating the following impacts at a level of detail appropriate to the number of units proposed.
[a]
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.
[b]
Public services: traffic safety and congestion, need for water system improvements, need for additional public recreation facilities and need for additional school facilities.
[c]
Economics: municipal costs and revenues, local business activity and local jobs.
[d]
Social environment: rate of Town population growth and range of available housing choice.
[e]
Visual environment: visibility of buildings and parking and visual consistency with existing development in the area.
(c)
Prior to Town Meeting action, the Planning Board shall hold a public hearing on the concept plan with timing, notice and procedures the same as those required for a hearing on a proposed Zoning Bylaw amendment. The concept plan, supporting documentation and any requested reports from Town agencies, such as the Board of Health, Conservation Commission, Director of Public Works, Fire Chief and Police Chief shall be presented at that hearing, along with testimony by other interested parties.
(d)
The Planning Board shall report its recommendation for approval, approval with conditions or disapproval to the Town Meeting, based on the completeness and technical adequacy of information provided, its consistency with bylaw requirements and on the proposal's estimated impacts on the natural environment, public services, economics, social environment, visual environment and use and enjoyment of other nearby premises. A copy of the concept plan and the Planning Board report shall be filed with the Town Clerk not less than 14 days prior to the Town Meeting vote on the concept plan.
(2)
Special permit.
(a)
The Planning Board shall act as special permit granting authority for all applications under this Subsection C. Application for such special permit for concept plans approved by the Town Meeting after March 20, 1982, shall be made not more than 24 months after approval by the Town Meeting of the concept plan. Submittals shall include the concept plan and supporting materials, as approved by the Town Meeting, plus an engineered site development plan showing site proposals at a scale of one inch equals 40 feet.
(b)
A special permit for planned multifamily/residential development shall be granted only if the Planning Board determines that the proposal is consistent with the concept plan as voted by the Town Meeting or, in the event of inconsistency, that satisfactory explanation has been submitted showing why the departure is necessitated by changed conditions or earlier error and that the departure does not result in a less beneficial development based on the considerations in the Planning Board's earlier report to the Town Meeting. However, in no event shall the Planning Board authorize a departure which increases the total number of dwelling units, increases the total gross square feet of building area or reduces the lot area without reflecting the density approved at the Town Meeting. Any special permit approval granted shall incorporate by reference the site proposal plan and other proposals upon which the Board relied in making its determinations.
(c)
A special permit shall be denied if the proposal departs from the Town Meeting approved concept plan, except as provided in the subsection above, does not comply with applicable Zoning Bylaw, subdivision control or other Town requirements or fails to comply with § 218- 9.3C(4), Design Requirements
(3)
Building permit. A building permit under this section may only be granted to the same party to whom the special permit was granted and only following site plan review under § 218-2.5.
(4)
Design requirements.
(a)
Lot area shall be not less than 80,000 square feet plus 10,000 square feet per bedroom.
(b)
More than one dwelling may be erected on the same lot.
(c)
No one building shall exceed 10,000 square feet habitable floor area.
(d)
Detached single-family dwellings and two-family dwellings may be included in a multifamily proposal but may comprise not more than half of the dwelling units authorized on any site. In lieu of the setback requirements of § 218-6.2, no buildings or parking shall be located within 200 feet of an existing roadway or within 100 feet of any other property line, except that a reduction to not less than the requirements of § 218-6.2 may be authorized by Town Meeting approval of a concept plan showing reduced yards or by Planning Board determination at the special permit stage that bylaw and Town Meeting intent are met despite reduced yards due to proximity to protected open space, natural visual or acoustic screening or topography.
(e)
At least 25% of the land area of the concept plan shall be unbuilt upon and reserved as open space for recreation, conservation or parks and shall either be owned in common or conveyed to the Town, the Conservation Commission or a nonprofit organization whose purpose is conservation. In any case, where such land is not conveyed to the Town, a restriction enforceable by the Town shall be recorded, provided that such land shall be kept in an open and natural state and maintained by its owners without expense to the Town.
(f)
Proposed streets, drives and utilities shall provide service functionally equivalent to that assured individual lots under the Planning Board's Subdivision Regulations in effect at the time of application.