Wenham City Zoning Code
ARTICLE 11
Special Residential Regulations
§ 255-11.1 Flexible development.
A.
Purpose. The purpose of a flexible development is to:
(1)
Encourage the preservation of open land for its scenic beauty and to enhance agricultural, open space, forestry, and recreational use;
(2)
Preserve historical and archaeological resources; to protect the natural environment, including the Town's varied landscapes and water resources;
(3)
Protect the value of real property;
(4)
Promote more sensitive siting of buildings and better overall site planning;
(5)
Perpetuate the appearance of the Town's traditional New England landscape;
(6)
Facilitate the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner;
(7)
Offer an alternative to standard subdivision development; and/or
(8)
Promote the development of housing affordable to low-, moderate-, and median-income families.
B. AFFORDABLE TO PERSONS OR FAMILIES QUALIFYING AS LOW-INCOME AFFORDABLE TO PERSONS OR FAMILIES QUALIFYING AS MODERATE-INCOME CONTIGUOUS OPEN SPACE
Applicable definitions. The following terms shall have the following definitions for the purposes of this section:
Affordable to persons in the area under the applicable guidelines of the Commonwealth's Department of Housing and Community Development earning less than 50% of the median income.
Affordable to persons in the area under the applicable guidelines of the Commonwealth's Department of Housing and Community Development earning more than 50% but less than 80% of the median income.
Open space suitable, in the opinion of the Planning Board, for the purposes set forth herein. Such open space may be separated by the road(s) constructed within the flexible development. Contiguous open space shall not include required yards.
C.
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 held in common ownership and located in the districts set forth in the Table of Use Regulations.
D.
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 public way but rather on a street created by the flexible development; provided, however, that the Planning Board may waive this requirement where it is determined that such reduced lots are consistent with existing development patterns in the neighborhood.
(2)
At least 50% of the required side and rear yards in the district shall be maintained in the flexible development.
E.
Contiguous open space. A minimum of 40% 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 Subsection A 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, scenic vistas, 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 bike paths.
(4)
Underground utilities to serve the flexible development site may be located within the contiguous open space.
F.
Ownership of the contiguous open space. The contiguous open space shall, at the Planning Board's election, be conveyed to:
(1)
The Town or its body incorporate;
(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, if so required. 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. In the event that the Town is not promptly reimbursed for the cost of such maintenance, the Town may lien any improvement on the property. 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.
G.
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.
H.
Density bonus. The Planning Board may award a density bonus to increase the number of dwelling units beyond the basic maximum number. The density bonus for the flexible development shall not, in the aggregate, exceed 50% of the basic maximum number. The units required by Subsection I shall not be considered as density bonus units. Computations shall be rounded to the lower number. A density bonus may be awarded in the following circumstances:
(1)
For each additional 10% of the site (over and above the required 40%) set aside as contiguous open space, a bonus of 5% of the basic maximum number may be awarded; provided, however, that this density bonus shall not exceed 25% of the basic maximum number.
(2)
For every two dwelling units restricted to occupancy by persons over the age of 55, one dwelling unit may be added as a density bonus; provided, however, that this density bonus shall not exceed 25% of the basic maximum number.
I.
Affordable component.
(1)
As a condition of the grant of any special permit for a flexible development, affordable housing shall be provided in perpetuity in the following manner:
(2)
These affordable units are calculated based upon the basic maximum number of units. Density bonus units, if any, are not included in the calculation. The restriction 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 units shall be granted to the local Housing Authority for a period not less than 120 days after notice thereof.
J.
Types of buildings. The flexible development may consist of any combination of single-family and multifamily residential structures. A multifamily structure shall not contain more than four dwelling units. The architecture of all multifamily buildings shall be residential in character, particularly providing gabled roofs, predominantly wood siding, an articulated footprint, and varied facades.[1]
[Amended 10-17-2020 STM by Art. 4]
K.
Roads. The principal roadway(s) serving the site shall be designed to conform to 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 as determined by the Planning Board and shall be maintained by an association of unit owners or by the applicant.
L.
Parking. Each dwelling unit shall be served by two off-street parking spaces. Parking spaces in front of garages may count in this computation.
M.
Buffer areas. A buffer area of 50 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 where the land abutting the site is the subject of a permanent restriction for conservation or recreation, so long as a buffer is established of at least 50 feet in depth, which may include such restricted land area within such buffer area calculation; or where the land abutting the site is held by the Town for conservation or recreation purposes; or where the Planning Board determines that a smaller buffer will suffice to accomplish the objectives set forth herein.
N.
Drainage. Stormwater management shall be consistent with the requirements for subdivisions set forth in the rules and regulations of the Planning Board, as well as state and federal stormwater regulations and policies.
O.
Permit procedures.
(1)
A 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 10 copies of the following:
(a)
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 refer the matter to the Conservation Commission for clarification.
(b)
Data on proposed wastewater disposal, which shall be referred to a consulting engineer for review and recommendation.
(c)
The Planning Board may also require as part of the development plan any additional information necessary to make the determinations and assessments cited herein.
(2)
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.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
Lot lines. The final step is simply to draw in the lot lines (if applicable).
(3)
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 Subsection A of this section than would a conventional subdivision development of the same locus.