Middleborough City Zoning Code
SECTION 7
0 SPECIAL RESIDENTIAL REGULATIONS
7.1 MULTIFAMILY DWELLINGS IN GU, GUX AND GUB DISTRICTS
[Amended 10-4-2021 STM by Art. 27, AG 1-27-2022, eff. 10-4-2021]
7.1.1.
General. Notwithstanding any other provisions of Section 4.0, the following shall apply.
7.1.2.
Area. Except as provided with regard to conversion of a single family dwelling to not more than three dwelling units, no multifamily dwelling shall hereafter be erected, placed, altered or converted in the General Use District on any lot having an area of less than thirty thousand (30,000) square feet per dwelling unit and continuous street frontage of less than two hundred (200') feet and no multifamily dwelling shall hereafter be erected, placed, altered or converted in the General Use X District on any lot having an area of less than forty thousand (40,000) square feet per dwelling unit and continuous street frontage of less than two hundred (200') feet.
7.1.3.
Coverage. No multifamily dwelling shall occupy more than 25% of the lot.
7.1.4.
Parking. No multifamily dwelling shall have less than two (2) 10' x 20' parking stalls for each dwelling unit in the remaining 75% of the lot.
7.1.5.
Multiple Uses. No multifamily dwelling shall be located on a lot that also contains a commercial use or single family dwelling.
7.2 DWELLING UNITS ABOVE STREET LEVEL FLOOR IN THE BUSINESS DISTRICT
7.2.1.
Special Permit Required. Dwelling units situated above the street level floors are allowed by special permit provided that the SPGA finds that the proposed dwelling units will not overburden available automobile parking within the general area in which the building is located. Said requirements shall be presumed to be met if the building, which has a dwelling unit, is located within one quarter mile of an off-street public parking lot where overnight parking of motor vehicles is allowed. Otherwise, there shall be a minimum of one and one half (1 1/2) - 10' x 20' parking spaces for each dwelling unit, provided on the same parcel of land where the dwelling units are located.
7.2.2.
Requirements and Standards. Dwelling units situated above the street level floors of buildings are subject to the following conditions:
7.2.3.
Decision Criteria. In addition to the findings required under Section 9.4 the following affirmative findings shall be made:
1.
The condition and uses of adjacent structures and the nature of the general area in which the proposed dwelling units are to be located will not result in undue congestion or overcrowding with the addition of the proposed dwelling units.
2.
The property on which the proposed dwelling units are to be located provides an attractive appearance for the general area in which it is located.
3.
The property to be used for dwelling units shall have adequate access to a street.
4.
The dwelling units are compatible with existing uses on properties in the general area of the property, within and outside of the district, so that such proposed dwelling unit use is not detrimental to the area.
5.
The project is in compliance with the site plan requirements of Sections 6.6.3 through 6.6.10.
7.2.4.
Conditions. Conditions, limitations and safeguards may be imposed to effect compliance with this section and may include but not be limited to limitations on the number of dwelling units and bedrooms therein.
7.3 FAMILY ACCESSORY APARTMENTS
7.3.1.
Purpose. The purpose of this Section is to:
1.
Provide older homeowners with a means of obtaining rental income or to live more economically; enjoy companionship, security and services from nearby family members thereby enabling them to live more comfortably in a home and in neighborhoods they might otherwise be forced to leave.
2.
Make housing units available to low and moderate-income households which might otherwise have difficulty finding homes within the town.
3.
Protect property values and the residential character of a neighborhood by ensuring that family accessory apartments are installed only in owner occupied houses and under such additional conditions as may be appropriate to further the purpose of this Bylaw.
7.3.2.
Special Permit Required. The Zoning Board of Appeals shall be the Special Permit Granting Authority. Family accessory apartments may be permitted in all districts, except the CD District, by special permit in accordance with the requirements specified herein.
7.3.3.
Standards and Requirements. The SPGA may authorize a special permit provided that the following standards and requirements are met:
1.
A family accessory apartment may be part of a new single family dwelling, part of an existing single family dwelling or an addition to an existing single family dwelling. A family accessory apartment shall have not more than two bedrooms. It shall be contained within a new or existing single-family dwelling or if added to the exterior of a single family dwelling it may have a separate entrance located on the side or rear of the building. A family accessory apartment shall be less than fifty (50%) of the floor area of the single-family dwelling.
2.
Only one family accessory apartment may be located as part of or within a single family dwelling.
3.
Any addition to a single-family dwelling must meet the minimum setback requirements in the district in which the property is located.
4.
At least one of the record owners of the property, which contains a family accessory apartment, shall occupy one of the dwelling units in the single family dwelling as a primary residence. Only one or more members of the immediate family of a record owner of the property which contains a family accessory apartment shall occupy the accessory apartment. "Immediate family" shall mean parents, grandparents, children, grandchildren and siblings of a record of owner.
5.
All stairways to second and third stories shall be enclosed within the exterior walls of the dwelling, to the extent feasible.
6.
An addition to the original building may be permitted, provided that the addition increases the floor area of the original buildings by less than fifty (50) percent and the addition, in the opinion of the SPGA, will not alter the residential character of the building.
7.
At least two off street vehicle parking spaces shall be available for use by the residential occupants of the principal dwelling unit and at least two off street vehicle parking spaces shall be available for use by the residential occupants of the family accessory apartment.
8.
The Health Officer shall certify that the means of water supply and sanitary disposal shall be adequate to support both dwelling units.
9.
The construction of any family accessory apartment must be in conformity with State Building Code requirements.
10.
In order to provide for the development of housing units for disabled and handicapped individuals, the SPGA may allow reasonable deviation from the requirements of this Section where necessary to install features that facilitate access and mobility for disabled persons.
11.
The special permit shall reference the immediate family member(s) by name who will occupy the family accessory apartment. The Building Inspector shall be notified of any change from one family member to another.
7.4 RETREAT LOTS
7.4.1.
Purpose. The Purpose of this Section shall be to assist in maintaining the Town's rural character and lifestyle by encouraging retention of large parcels of contiguous usable land for agricultural and residential uses.
7.4.2.
Special Permit Required. The Planning Board shall be the Special Permit Granting Authority (SPGA). Not withstanding the street frontage requirement in Section 4.0, the SPGA may grant a special permit to allow a Retreat Lot in the Residence A, Residence B, Residence Rural, General Use and General Use X Districts.
7.4.3.
Requirements. The issuance of a special permit for a Retreat Lot shall be subject to the following requirements:
1.
The use of a Retreat Lot shall conform to the requirements of Section 3.0 with respect to uses allowed as of right and by special permit.
2.
Minimum lot size shall be five (5) times the minimum lot area in which the Retreat Lot is located.
3.
The Retreat Lot shall have a minimum of forty (40') feet of continuous frontage on a street.
4.
Fifty percent (50%) of the minimum lot area shall be upland. Upland shall be an area of the Retreat Lot in which no land, with the exception of the riverfront area, is subject to the protection of the Wetlands Protections Act, G. L. CHAPTER 131, s. 40.
5.
The land extending from the street to a point where the lot width is at least one hundred (100') feet wide is considered the access area which shall be a minimum forty (40') feet wide throughout its length and must be included as part of the Retreat Lot. No access area shall be less than fifty (50') feet in length measured from the street line. The access area land shall not be counted toward the minimum lot area or percent upland area calculations unless said access area exceeds one hundred (100') feet wide throughout. The access area must be designed as straight as possible and in such a way that a maximum of two (2) straight lines connected by a single angle change can be drawn from the street frontage to the upland building area, wholly within the lot.
6.
Any area of the lot which is less than one hundred (100') feet wide shall not be counted toward the minimum lot area or percent (%) upland area calculations.
7.
Shape factor shall be the square of the perimeter of the lot in feet divided by the lot area shall be less than or equal to 60.0. Shape factor calculation shall not include the access area unless the access area is greater than one hundred (100') feet wide throughout its length. A lot may have a shape factor exceeding 60.0, if a portion of the lot, itself, meets all of the requirements of this section and has a shape factor of 60.0 or less.
8.
The Retreat Lot must be capable of containing an "upland building area" of 40,000 square feet of contiguous land, in the shape of a circle, square or rectangle and in the use of a rectangle no side may measure less than one hundred eighty (180') feet, within which no land, with the exception of the riverfront area, is subject to the protection of the Wetlands Protection Act, MGL Chapter 131 Section 40. The upland building area shall be included in the lot area used to calculate the lot's shape factor.
9.
Not less than seventy-five percent (75%) of the footprint of any dwelling shall be located within the upland building area.
10.
No Retreat Lot access area shall abut another Retreat Lot access area and must be separated by a parcel of land having at least one hundred fifty (150') feet of frontage and an area of seventy five hundred (7,500) square feet.
11.
A Retreat Lot and its access area shall serve as access to the Retreat Lot and no other lot.
12.
Access to a dwelling on a Retreat Lot shall be exclusively within the Retreat Lot including through the access area of the Retreat Lot.
13.
The maximum driveway length from the street to the dwelling shall not exceed 2000 feet unless otherwise allowed by the Planning Board.
14.
No driveway shall be placed within ten (10') feet of any lot line unless a finding is made by the Planning Board that this distance may be reduced but not eliminated and the Retreat Lot may be subject to appropriate conditions or safeguards if deemed necessary by the Planning Board.
15.
Not more than one single family dwelling shall exist on a single Retreat Lot.
16.
No dwelling, building or structure shall be erected, placed or converted closer than fifty (50') feet from the street lines, side lot lines and rear lot lines. The requirements set forth in the previous sentence shall not apply to dwellings, buildings or structures erected, placed or converted on a lot before the filing of an application for a Retreat Lot special permit.
17.
The Retreat Lot shall not be further subdivided. It shall be a condition of the special permit that there is a prohibition against further subdivision. A deed restriction preventing further subdivision (enforceable by the Town of Middleborough or any citizen of the Town) shall also be recorded with the plan.
18.
The following notes shall be placed on the plan: "The Retreat Lot shown on this plan shall not be further subdivided" and "No building permit shall be issued for the Retreat Lot on this plan until a copy of the recorded deed restriction and special permit is delivered to the Planning Board."
19.
No Retreat Lot shall be approved by the Planning Board if vehicular egress from the lot results in a hazard due to grade, visibility or other natural or artificial limitations greater than would be normal for a standard lot in the same vicinity.
20.
Existing drainage patterns shall not be disrupted by the construction of a driveway on the Retreat Lot. A grading plan showing existing and proposed conditions may be subject to appropriate conditions or safeguards if deemed necessary by the Planning Board.
7.4.4.
Application. An application for a Retreat Lot shall include a plan prepared by a Registered Land Surveyor and if necessary, a Professional Engineer, depicting the Retreat Lot and showing that it is in compliance with all of the requirements of this Section.
7.5 OPEN SPACE AND RESOURCE PRESERVATION DEVELOPMENT
7.5.1.
Purpose. This Section presents an alternative to a conventional subdivision. Its purposes are as follows:
1.
To provide for the public interest by the preservation of open space and natural resource features in perpetuity; and,
2.
To promote variety in single-family residential housing patterns by encouraging development which is designed to accommodate a site's physical characteristics such as: topography, vegetation, water bodies, wetlands, open spaces such as farmlands and meadows, major scenic views, wildlife habitats, archaeological and significant historic resources.
It is not the intent of this Bylaw to make undevelopable land developable or to permit an increase in the number of building lots that would otherwise be possible on a conventional plan, but rather to encourage the preservation of important site features. |
7.5.2.
Special Permit Required. The Planning Board shall be the Special Permit Granting Authority (SPGA). The Planning Board shall adopt rules and regulations for the issuance of the special permits applicable to this section.
7.5.3.
General Requirements. It is the general policy of the Town to encourage the development of interior land parcels when appropriate as Open Space and Resource Preservation Developments and to discourage the development of land along existing road frontage, thereby retaining and enhancing the visual quality of the Town and maintaining the safety and efficiency of public ways. To implement this policy, the following requirements shall be complied with:
1.
Any parcel of land located within a zone permitting Open Space and Resource Preservation Development containing five (5) acres or more and which may be developed as a conventional grid subdivision may be considered for an Open Space and Resource Preservation Development subject to a special permit issued by the Planning Board.
2.
After an Open Space and Resource Preservation Development application has been submitted no tree removal, utility installation, ditching, grading or construction of roads, grading of land or lots, excavation except for purposes of soil testing with the approval of the Planning Board, dredging or filling or construction of buildings or structures shall be done on any part of the development site until the application has been reviewed and received final action pursuant to this Bylaw.
3.
No Open Space and Resource Preservation Development will be approved within an established single-family residential neighborhood if the Planning Board determines that such land use would have a detrimental effect to the established or future character of the neighborhood and/or Town.
4.
It shall be the responsibility of an applicant for an Open Space and Resource Preservation Development Special Permit to demonstrate to the Planning Board that this form of development will be as or more appropriate than traditional development patterns for the proposed site.
7.5.5.
Dimensional Requirements.
1.
Size: The total area of the tract proposed for Open Space and Resource Preservation Development shall be at least five (5) acres.
2.
Density: The number of building lots on the tract proposed for Open Space and Resource Preservation Development may not exceed the number of lots that could be constructed with a conventional grid subdivision that complies with all applicable regulations, including zoning, subdivision control, Board of Health and wetlands regulations.
3.
Area Regulations: The Planning Board may grant a variation of all area regulations as set forth in Section 4.0 for all portions of an Open Space and Resource Preservation Development if the Planning Board finds that such reduction will result in better design, improved protection of natural and scenic resources and will otherwise comply with this Bylaw, provided that in no instance shall any lot deviate from the following Table of Minimum Lot Requirements.
Table of Minimum Lot Requirements | |
|---|---|
Minimum Area | 30,000 square feet |
Minimum Frontage | 100 feet |
Lot Width at Building Line | 100 feet |
Minimum Front Yard Setback | 40 feet |
Minimum Side Yard Setback | 15 feet |
Minimum Rear Yard Setback | 20 feet |
Minimum Upland Requirement | 20,000 square feet |
Minimum Shape Factor | (Perimeter of the lot - must be no greater than 30.0) |
7.5.6.
Development Standards. Prior to the issuance of a special permit for an Open Space and Resource Preservation Development, the applicant shall submit the information necessary to demonstrate that the following development standards have been met. These standards are in addition to the requirements of the Subdivision Rules and Regulations and are in no way intended to replace any portion of those regulations.
1.
It is a policy of the Town to limit the number of curb cuts on public ways. Within an Open Space and Resource Preservation Development, normally only two (2) curb cuts will be allowed, although the Planning Board may approve additional curb cuts if the applicant can demonstrate that they are necessary for the site and will not result in traffic hazards or congestion. In all instances, it will be the responsibility of the applicant to demonstrate that the location, number and design of curb cuts are both necessary and the most appropriate for the site.
2.
The development will not cause unreasonable traffic congestion or unsafe traffic conditions both within and outside of the Open space Development.
3.
The development will provide for and maintain convenient and safe emergency vehicle access to all buildings and structures at all times.
4.
The site design shall preserve and where possible, enhance the natural features of the property, including scenic views, by adapting the location and placement of structures and ways to the existing topography in order to minimize the amount of soil removal, tree cutting and general disturbance to the landscape and surrounding properties.
5.
The site design shall identify and ensure preservation of significant and special natural features.
6.
The nature of the soils and subsoils shall be suited for the intended purposes based upon the Soil Conservation Guidelines. This determination shall focus upon, but shall not be limited to the locations, design and construction of roadways, buildings, septic systems and surface water drainage systems. Soil borings or test pits may be made to provide information in soil texture, color, percolation rates and depth to the ground water table at its maximum elevation.
7.
Post-development runoff from the site shall not exceed pre-development runoff from the site for up to the one hundred (100') year storm event. The applicant shall submit formal drainage calculation prepared by a registered Professional Engineer for this purpose.
8.
All drainage structures, swales, retention and/or detention ponds shall be placed on separate lots and not located on lots where a dwelling shall be placed, unless waived by the Planning Board.
9.
Proper care shall be taken to implement soil erosion and sedimentation control measures to prevent sedimentation and siltation of existing surface water bodies and wetlands. In areas where the land slopes downward toward any surface water body or fresh water wetland, proposed filling, cutting, clearing or grading shall be minimized and all such development activities shall be carried out in such a way as to retain the natural vegetation and topography wherever possible. The Planning Board may require that an erosion and sedimentation control plan be submitted if significant erosion is anticipated in slope areas.
10.
The development shall comply with all other provisions of the Subdivision Rules and Regulations and any other land use regulations of the Town in effect at the time of application, insofar as they are applicable. In accordance with MGL Chapter 41 Section 81R, the applicant may request a waiver from the Subdivision Rules and Regulations if such action is in the public interest and consistent with the intent and purposes of this Bylaw and the Subdivision Control Law.
7.5.7.
Common Open Space Use and Design Standards.
1.
Within an Open Space and Resource Preservation Development, no less than forty (40%) percent of the land area shall be devoted to common open space. The common open space shall not include land set aside for roads and/or parking uses. No more than fifty (50%) percent of the common open space shall contain wetlands as defined by MGL Chapter 131 Section 40.
2.
The common open space shall be designed and maintained in accordance with the following standards:
a.
Areas to remain as naturally-existing woods, fields, meadows and wetlands shall be maintained and may be improved in accordance with good conservation practices.
b.
Common open space shall be planned as large, contiguous units wherever possible. Strips of narrow parcels of common open space shall be permitted only when necessary for access or as vegetated buffers along site's perimeter.
c.
Common open space may be in more than one parcel provided that the size, shape and location of such parcels are suitable for the designated uses.
d.
No more than fifteen (15%) percent of the common open space shall be covered by man-made impervious surfaces.
e.
Common open space may be used for active and passive recreation, conservation, forestry, agriculture, natural buffers, structures necessary for approved uses, utilities and other facilities necessary for the convenience and enjoyment of the residents. Access ways, parking, underground utilities and structures necessary for and accessory to uses permitted within this paragraph are allowable uses within the common open space. Use of common open space as provided for within this paragraph shall in all instances require approval by the Planning Board and all structural improvements and impervious surfaces must be shown on the definitive Open Space and Resource Preservation Development Plan.
f.
If detention and/or retention ponds are necessary for the construction of the improvements shown in the subdivision plan, such detention and/or retention ponds shall not be located within the common space shown on such plan. The Planning Board may waive this requirement if the Board finds that the integrity and significance of the open space and the benefit of the open space to the Town are not compromised and that the open space created conforms with the intent and purpose of the Bylaw. In no case, however, shall permanent clearing for drainage improvements or utilities, including detention and/or retention ponds, exceed ten (10%) percent of any common open space parcel.
g.
In cases where the common open space has been environmentally damaged prior to the completion of the development as a result of soil removal, harvesting of trees or other natural features, refuse disposal or other activity deemed inappropriate with the proposed uses of the common open space, the Planning Board may require the posting of a bond or other appropriate form of performance guarantee to ensure such restoration or improvement.
3.
There shall be a buffer at the perimeter of the development consisting of trees, shrubs, vegetation and topographic features sufficient to separate and/or screen the development from abutting properties. This buffer shall be no less than one hundred (100') feet in width, except where the subdivision roadway and associated infrastructure intersect with the "street" as defined in Section 10.0 of this Bylaw. The buffer shall be considered common open space. Upon finding by the Planning Board that a buffer of lesser width would be sufficient to screen and/or separate the development from adjacent property, the buffer may be reduced. If, however, the perimeter of the site abuts a General Use (GU), General Use X (GUX), General Use B (GUB), Business (B) or Industrial (I) Zoning District, the Planning Board may require the buffer area abutting a GU, B or I District to be greater than one hundred (100') feet in order to ensure adequate separation and/or screening from the abutting commercial zoning districts.
[Amended 10-4-2021 STM by Art. 27, AG 1-27-2022, eff. 10-4-2021]
4.
The Board may require no-cut easements, conservation restrictions or the like, where the buffer requirement has been reduced. These easements and restrictions shall be on private property located within the subdivision, shall not be considered a "buffer" and shall not be included in common open space calculations.
5.
Drainage structures, swales, retention and/or detention ponds may not be located within the buffer area. The Planning Board may waive this requirement if the Board finds that the integrity and significance of the buffer and the benefit of the buffer to the abutting parcels are not compromised.
6.
Buffers shall remain in their current natural state. If in the opinion of the Planning Board the current natural state is insufficient to adequately separate and/or screen the site from abutting properties, additional trees, shrubs and/or plantings shall be required.
7.5.8.
Common Open Space Ownership and Management.
1.
Common open space in any Open Space and Resource Preservation Development shall be conveyed by the owner(s) to: 1) the Town and may be accepted by it for park or open space use; 2) a nonprofit corporation, the principal purpose of which is the conservation of open space; or, 3) a corporation or trust owned or to be owned by all the owners of lots within the development. If a corporation or trust owned by all the owners of lots is utilized, ownership thereof shall pass with the conveyances of the lots. In any case, where such land is not conveyed to the Town, a perpetual restriction of the type described in MGL Chapter 184 Sections 31-34 (including future amendments thereto and corresponding provisions of future laws) or some alternative legal instrument, recorded in the Registry of Deeds and providing permanent restrictions made running to or enforceable by the Town, providing that such land shall be kept in an open or natural state and shall not be built upon for residential use or developed for accessory uses such as parking or roadway, shall be provided.
2.
If the common open space is not to be conveyed to the Town, then the applicant shall include as part of the subdivision covenant, a provision that the common open space shall be deeded as approved by the Planning Board. In addition, the subdivision covenant shall not be released until proof of compliance with the ownership requirements set forth herein has been provided to the Planning Board.
3.
If the common open space is not to be conveyed to the Town, the applicant for an Open Space and Resource Preservation Development special permit must include a program describing how the common open space will be maintained in perpetuity to standards satisfactory to the Planning Board. The applicant shall also provide as part of the common open space proposal an agreement empowering the Town to perform maintenance of the common open space in the event of failure to comply with the program included in the application pursuant to the preceding sentence providing that, if the Town is required to perform any maintenance work, the owners of lots within the Open Space and Resource Preservation Development shall pay any costs incurred by the Town to maintain said common open space which shall constitute a lien upon their properties until said cost has been paid.
4.
The Planning Board may require that all such part of the common open space as the Planning Board deems appropriate shall be clearly identified and marked on the ground prior to the commencement of any construction activity.
7.5.9.
Preliminary Concept Plan Review. Applicants shall submit a Preliminary Concept Plan to the Planning Board, Board of Health, Conservation Commission and Historical Commission and obtain the opinion of the Planning Board as set forth herein prior to filing a formal special permit application, in order to obtain a consensus regarding the suitability of the site for an Open Space and Resource Preservation Development; and, to determine the allowable density by confirming the number of lots that could be built through the development of a "conventional" subdivision constructed in accordance with the underlying zoning district, the Subdivision Rules and Regulations and any other applicable laws or regulations of the Town of Middleborough and Commonwealth of Massachusetts in force at the time of submission. Preliminary materials to be submitted shall include:
1.
A preliminary layout of a conventional grid subdivision showing the allowable number of lots in accordance with the underlying zoning district. The burden of proof shall be upon the applicant in determining the allowable number of lots including but not limited to drainage ability and septic capacity. Said plan shall comply with the requirements of a Preliminary Plan as specified in the Subdivision Rules and Regulations and in addition shall show the following information:
a.
Existing landscape features such as steep topography, a delineation of areas with slopes over 25%, wetlands, rare and endangered species and habitat, springs, lakes and ponds, streams, rock outcrops, boulder fields, stone walls, cliffs, forest glades, drumlins, high points, hill tops, ridges, archaeological and significant historic sites;
b.
Existing open areas such as forests, farm fields, meadows and major long views;
c.
Wetlands shall have been delineated and formally certified by the Middleborough Conservation Commission;
d.
Location of the one hundred (100) year flood plain shall be designated;
e.
Two (2') foot contours shall be used to indicate the topography;
f.
The location and dimensions of all building lots and extent of all ways and easements, existing and proposed drainage areas, preliminary design of drainage structures and such other improvements as may be proposed; and,
g.
Test pit, soil, drainage, sewer and water information as the Planning Board may request.
2.
A Preliminary Concept Plan showing the proposed Open Space and Resource Preservation Development based on the number of lots that would be supported by a conventional subdivision plan. Said Preliminary Concept Plan shall comply with the requirements of a Preliminary Plan as specified in the Subdivision Rules and Regulations. In addition, the plan shall include all of the information outlined in Sections 7.5.9.1 (a) through (g) and the following information:
3.
Supporting documents describing the proposed uses of the common open space and proposing the preferred form of ownership and maintenance thereof and a description of any facilities to be owned in common.
4.
Documentation establishing that the proposed Open Space and Resource Preservation Development is as appropriate to the site or more than a traditional, conventional subdivision plan, including matters relating to the layout of ways and open space in relationship to the surrounding property and the site; the degree to which the plan provides for protection of important natural features including wetlands, steep slopes and agricultural land; and, the extent to which the plan provides for development of those areas best suited for building purposes.
7.5.10.
Opinion on Preliminary Concept Plan and Lot Count. Within sixty (60) days after the receipt of preliminary materials as specified herein, the Planning Board shall give its opinion as to the number of lots that the site would support if constructed as a conventional subdivision in compliance with the underlying zoning district, the Subdivision Rules and Regulations; and, any other applicable laws or regulations of the Town and Commonwealth of Massachusetts. The Planning Board's opinion shall also include a determination of the suitability of the site for an Open Space and Resource Preservation Development. The Planning Board shall always compare the impact of an Open Space and Resource Preservation Development with the impact of a conventional development on the same site to insure that the Open Space and Resource Development is not more adverse, would not have a detrimental effect on the established or future character of the neighborhood and is in the public interest. The Planning Board's opinion on the preliminary concept plan and lot count may be made with or without recommendations. The Planning Board shall provide its Opinion on Preliminary Concept Plan and Lot Count to the Town Clerk and Applicant in writing.
7.5.11.
Special Permit Application. The application for an Open Space and Resource Preservation Development Special Permit shall be accompanied by all documentation, specifications and plans necessary to allow the Board to fully understand the intent of said use, construction and development. The applicant shall submit engineering and site plans for the entire property prepared by the appropriate registered professional showing, but not limited to, anticipated location of the building(s) on the lot with proposed setbacks, lot dimensions, adjacent public ways, location of off-street parking, lighting, utility systems, location and nature of common open spaces with proposed improvements and amenities, specific notations as to project landscaping, locus plans and other details deemed necessary by the Planning Board.
7.5.12.
Definitive Subdivision Plan. Applicants for a Special Permit for Open Space and Resource Preservation Development shall, at the time of filing the application, submit a Definitive Subdivision Plan in conformity with the Subdivision Rules and Regulations of the Planning Board and Subdivision Control Law MGL Chapter 41 Sections 81L through 81GG, which plan shall be derived from the overall development shown on the Preliminary Concept Plan and the Opinion on Preliminary Concept Plan and Lot Count issued by the Planning Board pursuant to 7.5.10 above. In addition to the materials required for submission of a definitive subdivision plan, the following documents and information shall be provided:
1.
The Definitive Subdivision Plan shall accurately show the proposed layout of all lots, ways and common areas and structures in relation to the common open space. In addition, the following note shall appear on the plan to the effect that "No lot, including the common open space as shown in these plans may be further subdivided".
2.
Re-grading and erosion plans, where required.
3.
Information as to the degree to which the proposed plan departs from the requirements of the underlying zoning and the reasons why such departures are deemed to be in the public interest.
4.
Drafts of proposed deeds, management plans for all common areas and structures and the proposed open space restrictions, if any.
7.5.13.
Submittal to Other Boards. The applicant shall submit the Special Permit and Definitive Subdivision applications and accompanying plans to the Conservation Commission, Health Department, Department of Public Works, Historical Commission, Board of Selectmen, Town Manager, Police Department, Fire Department, Department of Public Works, Historical Commission, Board of Selectmen, Building Inspector, Planning Board's Review Engineer and the Middleborough Gas and Electric Department for their review and comment.
7.5.14.
Hearings. Upon receipt of an Open Space and Resource Preservation Development application, the Planning Board shall proceed as with applications for the Special Permits under MGL Chapter 40A. Hearings on applications under this section may be held simultaneously with the Definitive Subdivision Plan hearings in accordance with MGL Chapter 41 Section 81T.
7.5.15.
Decision. The Planning Board shall base its review on the requirements for granting a Special Permit and the Development Standards set forth in Section 7.5.6 and no such permit shall be granted unless the applicant demonstrates compliance therewith. All other improvements shall comply with the Subdivision Rules and Regulations, so far as applicable, unless a waiver is granted by the Planning Board pursuant to MGL Chapter 41 Section 81R. The Special Permit shall be granted only if the Planning Board finds each of the following in addition to the criteria set forth in Section 9.4 Special Permits:
1.
The development meets the purpose of an Open Space and Resource Preservation Development as described herein;
2.
All standards contained in this Section have been met or waived;
3.
The common open space is designed in accordance with the Open Space Use and Design Standards set forth in Section 7.5.7;
4.
The parcel could be developed as a conventional subdivision with the same number of lots under existing local, state and federal laws and land use regulations;
5.
The Open Space and Resource Preservation Development provides for efficient use and delivery of municipal and other services and infrastructure; and,
6.
The Open Space and Resource Preservation Development is not more adverse than a conventional subdivision, would not have a detrimental effect on the established or future character of the neighborhood and is in the public interest.
7.5.16.
Condition. Ownership of all open space shall be transferred to the parties required by the Special Permit in compliance with Section 7.5.8 herein prior to the issuance of the Form J Lot Release in the case of a subdivision or the issuance of a Building Permit for a non-subdivision lot.
7.6 ADULT MOBILE HOME PARKS
7.6.1.
Exemption. Mobile home parks in operation on January 1, 1986, shall be a permitted use and may be expanded, provided that the total area of any such mobile home park shall not exceed at any time ten acres and a density of ninety-five (95) mobile home units, and provided further that occupancy in such mobile home parks shall be limited to persons fifty-five (55) years of age or older.
7.6.2.
Purpose. It is the intent of this Section to provide a healthy and attractive residential environment for mobile homes which meets the unique needs of residents fifty-five (55) and older.
7.6.3.
Special Permit Required. The Planning Board shall be the Special Permit Granting Authority (SPGA).
7.6.4.
Age Restriction. Residents in a mobile home in an adult mobile home park shall be restricted to not more than two (2) persons who are fifty-five (55) years of age; provided, however, that a younger person may also reside in the mobile home, when such person is either the spouse of an occupant of the mobile home who is at least fifty-five (55) years of age or a person who is providing medically prescribed nursing care to an occupant of the mobile home who is at least fifty-five (55) years of age.
7.6.5.
Prohibition. No mobile home shall be erected on a site for living purposes except in an approved Adult Mobile Home Park.
7.6.6.
Phased Development. Development shall be phased in according to a schedule determined by the SPGA so as to insure completion of amenities and proper development of the park.
7.6.7.
Requirements and Standards.
1.
No Adult Mobile Home Park shall be less than twenty (20) acres in size inclusive of roads and areas provided for recreation services and other permanent installations within the park.
2.
The gross density shall not exceed two (2) dwelling units per acre.
3.
Each mobile home site shall be a minimum of 10,000 square feet in size plus there shall be an additional 10,000 square feet of common area per mobile home site.
4.
No mobile home shall be placed within twenty (20) feet of its lot lines.
5.
Each site shall be serviced with water and sanitary drainage for a suitable permanent connection.
6.
Adequate off street parking shall be provided at a ratio of 2.5 spaces per site.
7.
Each unit shall have a perimeter of not less than one hundred twenty (120) linear feet.
7.6.8.
Code Compliance. Mobile home dwelling units shall be installed subject to all local and state building and health codes.
7.6.9.
Internal Roadways. Such roadways shall be constructed and maintained by the owner of the Park in such a way as to be adequate for vehicular traffic and public safety. The minimum width of street rights-of-way within an Adult Mobile Home Park shall be forty (40) feet. All residential roadways shall be brought to a finished grade as shown on the profiles of the definitive plan with at least eight (8) inches of well compacted gravel Borrow per Massachusetts Department of Transportation (MassDOT) Standard Specifications Section M1.03.0, Type c to be placed under five (5) inches of well compacted Dense Graded Crushed Stone for Sub-base per MassDOT Standard Section M2.01.7 and four & a half (4 1/2) inches of Class I Bituminous Concrete Type I, 1, MassDOT Standard Specifications Sections 460, and M3.11.03; to a travel way width of at least twenty (20) feet.
7.6.10.
Buffer Areas. There shall be a one hundred (100') foot buffer zone along all property lines. Buffer zones shall include the existing natural vegetation supplemented by walls, plantings or additional natural vegetation shall be provided around all Adult Mobile Home Parks in order to protect residential areas from possible adverse effects of such parks and to protect park residents from the potential undesirable effects of commercial or industrial areas. Buffers may be included in required allotments of common land and shall be designed as an integral part of such common land; buffers shall not be included as part of any mobile home site.
1.
The Special Permit Granting Authority may, under appropriate circumstances, permit the construction of access roads within the buffer area when, in the judgment of the Special Permit Granting Authority, such construction is necessary to prevent the filling of wetland areas to accommodate such access.
7.6.11.
Park Rules and Regulations. The owner of any Adult Mobile Home Park shall establish rules and regulations relative to the maintenance of each individual mobile home and premises. The owner shall be responsible for the maintenance of all areas located within the Adult Mobile Home Park in a clean and sanitary condition and free from garbage, rubbish and other refuse.
7.6.12.
Procedures. Applications for an Adult Mobile Home Park special permit shall be in accordance with the Regulations of the Planning Board as Special Permit Granting Authority. The applicant for a special permit shall submit a site plan prepared by a Professional Engineer and a Registered Land Surveyor, oriented to true north, and showing:
1.
Boundaries of the district and of the lots in question;
2.
Names of abutting owners;
3.
Natural and man-made features, including any wetlands and flood plain;
4.
The location of existing and proposed structures; and
5.
The proposed means of access, roadways, parking areas, buffer strips, landscaped areas and such other requirements as set forth in the Planning Board's Rules and Regulations.