Lynnfield City Zoning Code
SECTION 8
0 Special Residential Regulations
8.1 Green Belt Residential Development.
8.1.1.
Purpose. For the purpose of promoting the more efficient use of land in harmony with its natural features and with the general intent of the bylaw, and to protect and promote the health, safety, convenience and general welfare of the inhabitants of the Town, an owner or owners of a tract of land situated within single residence districts, or a duly authorized agent thereof, may, in connection with the submission of a subdivision plan for Planning Board approval under the Subdivision Control Law[1] or, if no such approval is required, after consultation with the Planning Board, make application to the Board of Appeals for a special permit pursuant to the section excepting his plan from the lot area, side yard and frontage requirements of the bylaw pertaining to single residence districts.
8.1.2.
Special Permit Criteria. After notice and public hearing and after due consideration of the report and recommendations of the Planning Board (see "Planning Board Report," below[2]), the Board of Appeals may grant such a special permit provided that:
1.
It finds that the proposed plan is in harmony with the purpose and intent of the bylaw and that it will promote the purposes of this section.
2.
The area of the tract of land to be subdivided is not less than 25 acres.
3.
Each lot shall contain not less than 26,700 square feet of land in Residence A, B and C Districts, and not less than 40,000 square feet of land in Residence D Districts.
4.
Each lot shall have frontage on a way of not less than 30 feet and in no instance shall four contiguous lots have less than a total of 300 feet frontage and the total frontage of all lots in the tract shall in no instance be less than the product of 100 feet multiplied by the total number of lots. Each lot shall be so configured as to accommodate within it a circle having a diameter of not less than 120 feet.
5.
The required front yard and rear yard depths of the district in which each lot is situated shall be met, and the side yard width shall not be less than 20 feet.
6.
The number of lots permitted within the perimeter (total area) of the subdivision shall be determined on the following basis:
a.
Residence A, B and C Districts, not more than one lot per 40,000 square feet, exclusive of the area set apart for ways and exclusive of area within a flood plain district or a wetland as defined in MGL c. 131, § 40, as amended.
b.
Residence D District, not more than one lot per 60,000 square feet, exclusive of the area set apart for ways and exclusive of area within a flood plain district or a wetland as defined in MGL c. 131, § 40, as amended.
c.
In tracts located partly in more than one residential district, not more than the total number of lots which would be permitted by the preceding Subsections 6a and b allowing fractional lots to be added together, exclusive of the area set apart for ways. Such area set apart for ways may be deducted from the total area of land in any district or partly from each.
7.
There shall be an area or areas, but not more than two such areas, of "Green Belt Land" within the tract which shall equal or exceed the sum of the area by which any individual lots are reduced below the minimum lot area normally required by other sections of the Town's Bylaws in their districts and shall comprise at least 20% of the total area of the tract.
a.
Provision shall be made that the "Green Belt Land" shall be owned by a trust, corporation or other entity or organization which is owned or controlled by the owners of the individual lots in the subdivision. Said land shall be subjected to a perpetual conservation restriction and easement in favor of the Town of Lynnfield under the provisions of General Laws Chapter 40, Section 8C, and Chapter 184, Section 31, as the same may be from time to time amended, and shall be available for use only by its owners for conservation purposes, as specified in said sections of the General Laws as the same may be from time to time amended, and shall contain no paved areas or structures except such as may be used for as accessory to such purposes. The Town shall be given an adequate permanent easement of access for its agents to inspect the use of the "Green Belt Land" to see that it is not used in violation of the conservation easement and restriction. Construction and use of the tennis courts on an area not in excess of 10% of the total "Green Belt Land" as defined herein shall be permitted in "Green Belt Land." Dredging of brooks and ponds shall be permitted in "Green Belt Land" so long as the same shall be done in accordance with applicable law.
b.
The foregoing provisions shall not preclude such "Green Belt Land" being given by voluntary act of the owners to the Town, should the Board of Selectmen at some future time vote to accept the same, but in such case the Town shall not use any such land or make improvements thereon for any purposes other than those enumerated in this subsection. Nothing herein shall be constructed to require any owner to donate land to the Town, nor to affect the right of the Town to take such land by eminent domain.
c.
No land within a flood plain district shall be included in determining the required area of "Green Belt Land."
d.
Reasonably unobstructed access and egress by a way at least 30 feet wide shall be provided to each area of "Green Belt Land" from one or more ways.
8.
The utilities proposed for said subdivision will adequately provide for water, sewerage and drainage, and the proposed streets and street accesses and egresses will adequately provide for traffic convenience and safety.
9.
The location and site design are compatible with the Master Plan of the Town adopted in 1954, as amended, and as the same may be amended from time to time, the existing neighborhood and future development of the environs.
10.
The plan provides for efficient allocation and distribution of the "Green Belt Land."
11.
The land use is harmonious with the natural features of the tract.
8.1.3.
Conditions. The Board of Appeals may, in appropriate cases, impose further restrictions upon the tract, or parts thereof, as a condition to granting the special permit.
8.1.4.
Planning Board Report. In connection with an application for a special permit from the Board of Appeals under this section, the Planning Board shall submit, in writing, prior to the hearing, its recommendation and report to the Board of Appeals. The Planning Board may supplement its report after the hearing. The report of the Planning Board shall include as a minimum:
1.
A determination of the area of the tract usable for residential construction.
2.
A determination of the number of lots upon which dwellings could be constructed without regard to this section.
3.
A general description of the neighborhood in which the tract lies and the effect of the plan on the area.
4.
The relation of the plan to the Master Plan of the Town adopted in 1954, as amended, and as the same may be amended from time to time.
5.
The extent to which the plan is designed to take advantage of the natural terrain of the tract.
6.
The extent to which the proposed "Green Belt Land" has reasonable size and shape and has adequate access and egress.
7.
The Planning Board's opinion as to the overall design of the plan.
8.
The Planning Board's recommendations as to the advisability of granting the special permit, and as to any restrictions which should be imposed upon the tract as a condition of such permit.
The Board of Appeals shall give due consideration to the report of the Planning Board and, where its decision differs from the recommendations of the Planning Board, shall state the reasons therefor in writing.
8.1.5.
Required Compliance. No provision hereof shall exempt a proposed subdivision from compliance with the rules and regulations of the Planning Board, nor shall it affect the right of the Board of Health to make reports and recommendations and of the Planning Board to approve, with or without conditions or modifications, or disapprove, a subdivision plan in accordance with the provisions of such rules and regulations and of the Subdivision Control Law.[3]
8.1.6.
Other Provisions. All dwellings and accessory buildings erected under the provisions of this section shall conform to all other provisions of the Bylaws, which shall not be varied except by the Board of Appeals as permitted by law.
8.1.7.
Procedures.
1.
The procedure set forth herein for making application for a special permit for a Green Belt residential development is meant to be complementary and supplementary to the rules of the Board of Appeals and the following should be interpreted to render the same harmonious with said rules.
2.
In single residence districts, a Green Belt residential development shall be allowed with a special permit issued by the Board of Appeals.
3.
Thirty days or more prior to application to the Board of Appeals for a special permit for Green Belt zoning under this section the applicant shall submit the subdivision plan referred to in the "Purpose" section[4] to the Lynnfield Planning Board by filing the same with the Clerk of the Planning Board, together with an application to obtain its approval with reference to the layout, construction and installation of streets, utilities and drainage facilities together with all other subjects within the proper jurisdiction of the Planning Board. Said approval shall not be given by the Planning Board unless and until the applicant has furnished the Town with such adequate security for performance of the applicant's obligations under the said plan and application as the Planning Board may require under its regulations, as the same may from time to time exist. The Planning Board shall file a report concerning the site plan (hereinafter referred to) together with its recommendations as required by this section with the Clerk of the Board of Appeals within 45 days from the date of application to said Planning Board, and shall send a copy of same to applicant. The Planning Board shall make such report and recommendation in or within 45 days from the date of application to the Planning Board; the failure of the Planning Board to make such report on said Plan within said period of time shall permit the Board of Appeals to act upon an application thereunder for a special permit without such report of the Planning Board.
4.
In addition to three copies of the subdivision plan, each application for a special permit to the Board of Appeals for Green Belt zoning shall be accompanied by a site plan on one or more sheets, in triplicate, of the entire tract under consideration prepared in accordance with the rules of the Board of Appeals and, without limiting the generality of the foregoing, shall show all existing and proposed buildings, structures, ways, driveway openings, driveways, and all major landscape features such as screening in the form of fences, walls, planting areas and other barriers, the existing topography at a suitable scale and contour interval, proposed grading, location of all Green Belt areas, educational active or passive recreational and cultural uses, if any, and the location of any proposed easements. Said plan shall be subject to such rules relating to scale, dimensions, legend, form and preparation as may from time to time be promulgated by the Board of Appeals.
5.
Each application for a special permit shall be accompanied by four copies of the following proposed documents:
a.
Perpetual easements to the Town to enable it to maintain and repair the Green Belt areas and the drainage system, although clearly placing the primary responsibility upon the owner for the same. Also, contracts indemnifying and holding the Town harmless for any expense incurred by the Town in performing any of these tasks; said contracts shall be in a form binding upon the successors and assigns of the owner of the Green Belt areas.
b.
Performance bonds securing the Town against default by the owner, whether it be an association, corporation, or trust, which owns the Green Belt areas, in performing the required repair and maintenance services; said bonds shall be in a form binding upon the successors and assigns of the owner.
8.1.8.
Changes. No changes in a special permit granted hereunder, or in any plan or other document executed or submitted in connection with the application for such special permit, shall be made except under the authority of a decision of the Board of Appeals upon application and hearing as provided under the "Hearing" Section of the this Section.[5] Prior to such hearing, the Planning Board shall submit to the Board of Appeals in writing recommendations as to the advisability of granting the requested changes relating to a special permit granted hereunder, and as to any restrictions which should be imposed as a condition of approval by the Board of Appeals.
[5]
Editor's Note: So in original.
8.2 Assisted Living Residence.
8.2.1.
Purpose and Intent. The purpose of this section is to promote the availability of services for elderly or disabled persons in a residential environment and to recognize that assisted living residences are an important part of the spectrum of living alternatives for the elderly. Assisted living residences must be operated and regulated as residential environments with supportive services and not as medical or nursing facilities. Assisted living residences are certified by the Commonwealth of Massachusetts Executive Office of Elder Affairs under the provisions and requirements of Massachusetts General Laws Chapter 19D.
8.2.2.
Special Permit. No assisted living residence shall be allowed except by a special permit granted by the Board of Appeals in accordance with the requirements of site plan approval of the Zoning Bylaws. Said Board may impose such conditions as it deems appropriate for the protection of public health, safety, and welfare in any district permitting such use.
8.2.3.
Number of Residents. Said special permit may be granted for an assisted living residence which shall provide for a maximum of 12 residents on contiguous land located within any residential zone or a maximum of 100 residents on contiguous land located within the Commercial District.
8.2.4.
Residential Districts. By special permit, an assisted living residence may be located within any of the residential zones (RA, RB, RC, or RD) provided that said residence shall comply with all of the following conditions:
1.
All side yard, rear yard, and setback provisions shall apply for the particular zone.
2.
The residence shall be situated on contiguous land. In Single Residence Districts A, B, C, and D, and in tracts of land which otherwise qualify for Green Belt zoning under the bylaw, land which lies within a flood plain district or a wetland as defined in MGL c. 131, § 40, as amended, shall not be used to meet the minimum area required for lots in each of such districts. The minimum area required shall be the sum of (a) 10,000 square feet for each unit (including staff or caretaker unit), (b) 2,500 square feet per unit for parking and accessory needs, and (c) 10% of the sum of (a) and (b).
8.2.5.
Commercial Districts. By special permit an assisted living residence may be located within the Commercial District provided that such residence shall comply with all of the following conditions:
1.
All side yard, rear yard, and setback provisions shall apply for that zone.
2.
The residence shall be situated on contiguous land. The minimum area required for such residence in a Commercial District shall be the sum of (a) 1,000 square feet for each unit (including staff or caretaker unit); (b) 250 square feet per unit for parking and accessory needs; and (c) 10% of the sum of (a) and (b).
8.2.6.
Other Requirements. At its discretion, the Board of Appeals shall have the authority to review and approve all aspects of the site plan presented, including, but not limited to, parking, traffic, signage, landscaping, structural design, septic system, drainage, and maintenance of the integrity of abutting properties. All approvals shall be granted in a manner calculated to maintain a residential environment which will blend comfortably with the surrounding area.
8.3 Accessory Apartments in Residence Districts.
8.3.1.
Purpose and Intent. It is the specific purpose and intent of allowing accessory apartments within one-family properties, except where enforceable deed covenants prohibit the same, in all one-family residence districts to meet the special housing needs of elderly parents of families presently living in the Town of Lynnfield. To help achieve these goals and to promote the other objectives of this bylaw and of the Town development plan, specific standards are set forth below for such accessory apartment uses.
8.3.2.
Permissible Location. Accessory apartments may be created only within single-family dwellings, which are located on lots meeting the minimum lot area and width requirements of the applicable zone.
8.3.3.
Owner Occupancy Requirement. The owner(s) of the one-family lot upon which the accessory apartment is located shall occupy at least one of the dwelling units on the premises. The special permit shall be issued to the owner of the property. Should there be a change in ownership, a change in the residence of the owner, or the death of the surviving parent, the special permit use and the certificate of occupancy for the accessory apartment shall become null and void. Within 90 days of the death of the surviving parent or prior to a change in ownership or residence the second kitchen shall be removed and the house shall revert to a single-family status. Should the new owner decide to live in the structure and desire to continue the use of the second dwelling unit, he shall apply to the Zoning Board of Appeals for a special permit. The owner/applicant shall be required to file on the subject property a declaration of covenants prior to the issuance of a special permit for an accessory apartment. This declaration shall be in favor of the Town of Lynnfield and state that:
1.
The special permit for an accessory apartment or any renewal of said special permit shall terminate upon the death of the undersigned and the spouse of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as their principal residence.
2.
The new owner of the premises shall have to apply to the Zoning Board of Appeals for a special permit to continue the accessory apartment.
8.3.4.
Application. Applications need only contain such information to determine compliance with the regulations set forth herein.
8.3.5.
Yearly Renewal. The special permit shall be issued on a year-to-year basis and the Board of Appeals shall not renew any such permit where the need for such accessory use no longer exists. The Board shall require bond or surety to insure that any improvements made shall be removed at the expiration of such special permit, or the sale of premises, whichever occurs first. All yearly renewals of a special permit granted under this subsection may, but need not, be granted as an administrative matter by the Board of Appeals without the necessity of public notices or hearings upon receipt by the Board of Appeals of:
1.
A report from the Director of the Zoning Enforcement and Inspection that the owner and occupant of the premises are in compliance with all provisions of this subsection and that the need for such accessory use still exists; and
2.
A renewal of the surety bond referred to in Section 8.3.5 for the term of the renewed permit.
8.3.6.
Principal Dwelling. An accessory apartment must be located in the principal dwelling provided that such principal dwelling conforms to the other requirements of this bylaw unless a variance therefor shall have been granted by the Zoning Board of Appeals.
8.3.7.
Apartment Size. The minimum floor size for an accessory apartment within a principal dwelling building shall be 300 square feet but in no case shall it exceed 25% of the habitable area of the dwelling in which it is located, unless in the opinion of the Zoning Board of Appeals a greater or lesser amount of floor area is warranted by the specific circumstances of the particular building.
1.
The accessory apartment shall not involve the extension or enlargement of the principal dwelling, except to provide access or egress, nor shall it change the single-family characteristics of the dwelling.
8.3.8.
Limit Per Lot. There shall be no more than one accessory apartment for a total of two dwelling units permitted per lot.
8.3.9.
Approval. Applications for accessory apartments shall be subject to approval solely by the Board of Appeals.