ARTICLE LIST
SPECIAL TOWN MEETING #2
DECEMBER 3, 2002
Article 1 Natick Mall Center Overlay District
Article 2 Highway Overlay Districts – Lots in a Highway Corridor
Article 3 Family Suite
Article 4 Comprehensive Cluster Development Option
Article 5 Citizen Petition: Town Meeting Procedure – Moderator
Article 6 Omnibus Budget FY03
Article 7 Stabilization Fund
Article 8 Capital Equipment
Article 9 Capital Improvement
Article 10 Lease/Repair
Article 11 Morse Institute Library – Additional Personnel
Article 12 Citizen Petition – Morse Institute Library – Additional Personnel
ARTICLE 1
(Planning Board)
To see if the Town will amend its zoning by-laws in the following respects, or otherwise act thereon:
Item 1: The following shall be added as a definition, in alphabetical order, in Section 200:
“Curb-Cut Closure: the closing of a Curb-Cut onto a double lane public way.”
“Hotel : any establishment used for the feeding and lodging of guests, whose occupancy is not to exceed ninety (90) consecutive days, which is licensed or required to be licensed as a common victualler and innholder under the provisions of M.G.L. c. 140, s. 6 and has upon its premises the necessary implements and facilities for cooking, preparing and serving food for strangers and travelers, and also has the rooms, beds and bedding required by law.
“Road Link: a roadway connecting to a double lane public highway.”
“Shopping Mall Use: as defined in Section 323.1.5.”
Item 2: There shall be added at the end of Section II-A the following Use District:
“Mall Center Overlay District MC”
Item 3: Insert a new Section II-B 7. c. to follow Section II-B 7. b., to read as follows:
“ 7. c. There shall be a Mall Center Overlay District (MC) within the following described area:
BEGINNING at a point on the Natick-Framingham town line at the intersection with the center line of Worcester St.;
Thence
continuing easterly on the centerline of Worcester St until reaching the point
where it intersects with the centerline of Speen St. Southbound;
Thence
turning and continuing northwesterly along the centerline of Speen St.
Southbound until it reaches a point where it intersects the Natick-Framingham
town line;
Thence turning and continuing southwesterly along the Natick-Framingham town line until reaching the Point of BEGINNING.”
Item 4: In Section 321, cancel the second sentence and substitute the following:
“There are three such overlay districts: the Mall Center Overlay (MC) district, the Regional Center Overlay (RC) district and the Highway Corridor Overlay (HC) district. The Mall Center Overlay (MC) district overlays a portion of the Regional Center Overlay (RC) district.
Item 5: At the end of the second sentence in Section 322.2, add the phrase “or Section 326.4.”
Item 6: In Section 323. USE AND OTHER ZONING REGULATIONS, delete the first line following the title and substitute the following:
“ 323.0 Uses prohibited in the MC and RC districts: “
Item 7: Renumber Sections 323.11 and 323.12 as Sections 323.1.1 and 323.1.2 and insert the new Sections 323.1.3 and 323.1.4, to read as follows:
“ 323.1.3 The MC Overlay District is an overlay district established in that area of Town which is already substantially developed for commercial purposes, but which may be further intensively developed so as to foster the implementation of significant infrastructure improvements within the Town and improve the Town’s tax base.
323.1.4 To the extent there is inconsistency between provisions of this By-Law applicable to the MC Overlay District and underlying district (including the RC District), the provisions applicable to the MC Overlay District shall govern.
323.1.5 All uses permitted or allowed in the underlying zoning districts (including the RC District) shall still be permitted or allowed respectively on land in the MC Overlay District. In addition, hotel and motel use (including serving of food and/or permitted beverages), as well as shopping mall use, shall be permitted in the MC Overlay District. “Shopping mall use” shall include those uses customary in shopping malls, e.g., retail stores, service establishments, restaurants, and entertainment uses, in multiple stores in a building or group of buildings containing no less than two (2) levels (each of which levels is principally devoted to selling or providing service or entertainment to customers), and in which access to the majority of stores is via an enclosed pedestrian mall or malls, and in which no less than thirty-five (35%) percent of the gross floor area leased to tenants is devoted to individual stores having a floor area of less than 15,000 square feet. Access drives and parking facilities serving such buildings, whether such facilities are below or above ground or below such buildings or in separate structures, located on the same lot or an abutting lot shall also be permitted as an accessory use to such shopping mall use ”
Item 8: In Section 323.7 insert the words “or MC Overlay District” after the words “Regional Center District”
Item 9: In Section 324.1, in the second line, cancel the phrase “RC and HC” and replace with “RC, HC and MC”.
Item 10: Section 324.11 is deleted.
Item 11: In Section 324.6 cancel the phrase “HC
or RC” and replace with “MC, HC or RC”.
Item 12: Renumber Sections 324.61, 324.62, 324.63 and 324.64 as new Sections 324.6.1, 324.6.2, 324.6.3 and 324.6.4, and add a new Section 324.6.5 and a new Section 324.6.6 to read as follows:
“324.6.5. All square footage contained in a hotel or motel shall not be included in the gross floor area.
“324.6.6 In the MC Overlay District the following shall not be included in gross floor area for computing the floor area ratio:
324.6.6.1 Equipment rooms, including rooms containing heating, air conditioning or other mechanical equipment servicing a permitted or allowed use, and offices devoted to operational matters of a shopping mall, including rest rooms and waiting or rest areas.
324.6.6.2 Areas of a shopping mall building (including pedestrian bridges) not devoted to occupancy by a tenant or occupant, which are principally intended to provide access between stores, even though vendors may, from time to time, maintain kiosks or other portable displays therein shall not be included in the gross floor area, provided, however, that the floor area actually occupied by such kiosks or any display fixture shall be included in the gross floor area to the extent such occupied areas exceed 10% of such access areas.
Item 13: In Section 324 , add the following as Section 324.10;
“Section 324.10 Increased FAR for Parcels in MC Overlay District
“324.10.1 In order to foster redevelopment of parcels in the MC Overlay District that will provide for substantial infrastructure improvements and significant additions to the Town’s tax base, the Planning Board may grant special permits to increase the FAR to .60 for one or more parcels (or portions thereof) concurrently which are in the MC Overlay District, containing not less than 40 contiguous acres (either as an individual parcel or in combination), when the requirements of Section 324.10.2 are met and the bonus requirements of Section I of Bonuses are satisfied. Where such parcels (or portions thereof) are in separate ownership, the owners thereof shall join in the application for such special permit, but such parcels (or portions thereof) need not be combined under the Subdivision Control Law nor shall be treated as a single parcel for purpose of the application of the other requirements of this zoning by-law and may be used and further developed independently of each other except that the FAR of such parcels (or portions thereof) in the aggregate shall not exceed the FAR authorized under such special permits.
For purposes of the application of the bonus requirements of Section 328.3 to developments in the MC Overlay District for which such special permits are requested, the bonus requirements shall be applicable only to the extent the proposed FAR on all parcels included in the applications for such special permits exceed the then existing FAR of such parcels. If existing buildings are demolished, the bonus requirements shall not be applicable to the FAR for new construction to the extent of the floor area of the buildings so demolished.
The applicants under
such a special permit may also elect, if the FAR of one of the parcels is less
than .32, to allocate the excess floor area that could be developed on such
parcel without exceeding FAR of .32 to the other parcels included within such
application. The allocation of such
excess floor area shall be set forth in such special permit and no bonus
requirement need be fulfilled in connection therewith; provided, however, that
any further construction on the parcel whose excess floor area is allocated to
such other parcel shall be treated as if such excess floor area had been
constructed on the parcel from which it is allocated.
324.10.2 In granting a special permit for an increase in FAR under Section 324.10.1, the Planning Board shall make, in lieu of the finding required in Section 324.9, a specific finding, in writing, that the following conditions are met:
.1 the parcel (or if parcels, the parcels in the aggregate) included in such application have an existing FAR in excess of .32;
.2 that the increase in FAR shall not result in a development which is substantially more detrimental to the neighborhood than the use of the lots as then improved;
.3 the increase will achieve the goals, objectives and interests of the MC Overlay District regulations; and
.4 the project, with such increased FAR, shall satisfy all of the criteria and standards of Section VI-DD Site Plan Review.
Item 12: In Section 325.1, renumber existing subparagraphs 325.11 and 325.12 as paragraphs 325.1.1 and 325.1.2 and add a new paragraph 325.1.3, to read as follows:
“325.1.3 Notwithstanding any other provision in this Section 325, the minimum landscape surface ratio for projects in an MC Overlay District shall be 0.25, regardless of the FAR. In calculating the LSR in an MC Overlay District, the numerator of the LSR shall include pervious and landscaped areas, including areas in a parking structure that are utilized for landscaped areas, such as planting structures containing plant material. In calculating the LSR in an MC Overlay District, the denominator shall be the Gross Land Area and any portion of a parcel included in an application for a special permit under Section 324.10.1 of this By-Law.”
Item 13: In Section 326, DIMENSIONAL REGULATIONS, add the following as Section 326.4:
“326.4 Dimensional Regulations in MC Overlay District
In issuing a special permit under Section 324.10.1, the Planning Board may also grant a special permit to permit a project authorized thereunder, in lieu of the dimensional requirements of the underlying zoning district (including the RC District as part of the HOD District), to be subject to the following dimensional requirements:
Frontage: 200 feet
Building Setback from a Public Way: 50 feet (provided, however, that in granting such special permit, the Planning Board may reduce this setback to accommodate circulation or road improvements)
Parking Structure Setback
from Public Ways: for at grade or higher levels, 25 feet from public ways; below grade levels do not require a setback
Maximum Height of Building
or Structure: 80 feet or 8 stories
Side and Rear Yard: 20 feet (providing, however, that in granting such special permit, the Planning Board may waive this requirement to permit connections between buildings on separate lots)
Item 14: Revise Section 328.31 and Schedule I of Bonuses to read as follows:
328.3 Schedule of Bonuses:
328.31 FAR Increases above 0.32 up to 0.40 (and in the MC Overlay District up to .60) based on Schedule I of Bonuses. An increase in allowable floor area for new construction resulting in a FAR for the entire development which does not exceed 0.40, as permitted in and subject to the requirements of Section 324.2, shall be available in accordance with Schedule I of Bonuses set forth hereafter, if the Planning Board deems that the amenity offered by the applicant accomplishes the purpose, intent and objectives of the Highway Overlay Districts regulations. For development within an MC Overlay District for which a special permit is requested under Section 324.10.1, an increase in allowable floor area shall be permitted if the requirements of Schedule I are met through fulfillment of one or more Public Benefit Amenities.
The “bonus ratio” as used in Schedule I is the ratio of the unit of public benefit amenity provided, to the floor area permitted for bonus projects in excess of a FAR of 0.32. For example, a bonus ratio of one to three (1:3) and an amenity unit of “Square Foot” means that for each square foot of the amenity the project shall be eligible for three (3) additional square feet of floor area for permitted uses.
SCHEDULE I OF
BONUSES
|
PUBLIC BENEFIT AMENITY |
AMENITY UNIT |
BONUS RATIO* |
|
OPEN SPACE AMENITIES: |
|
|
|
-Park |
Square Foot |
1:1 |
|
-Excess Pervious Landscaping |
Square Foot |
1:0.5 |
|
-The provision of OPEN SPACE** |
Dollar ($) |
20:1 |
|
PEDESTRIAN CIRCULATION IMPROVEMENTS: |
|
|
|
-Off-Site Sidewalk |
Square Foot |
1:1 |
|
-Pathway / Bikeway |
Square Foot |
1:1 |
|
-Pedestrian Bridge |
Square Foot |
1:1 |
|
PUBLIC ASSEMBLY SPACE: |
Square Foot |
1:5 |
|
ROAD LINK:*** |
Dollar ($) |
20:1 |
|
TRAFFIC IMPROVEMENTS: |
|
|
|
-Service Road (24 - 30 ft. paved width) |
Square Foot |
1:3 |
|
-Curb-cut Closure |
Number Closed |
1:15,000 |
|
TRANSIT AMENITIES: |
|
|
|
-Transit-related lane widening |
Square Foot |
1:2 |
|
-Traffic Management Project**** |
Dollar ($) |
20:1 |
|
OFF-SITE AFFORDABLE HOUSING: |
|
|
|
-Provision by developer |
Affordable Unit |
1:4,000 |
|
-Town’s Housing Corporation contribution |
Dollar ($) |
20:1 |
* Bonus Ratio = Amenity / Floor Area
** Open Space shall be valued in accordance with Section 324.724 or a contribution made to the Town’s Conservation Open Space Fund.
*** Road Link shall include the cost of the acquisition of the land (or the rights therein) whether incurred directly or reimbursed to other parties required for the roadway and the design and construction of the elements thereof which form the intersections with public or private way to which it connects.
**** Traffic Management Project shall include the provision of land for, and/or the design and construction of roadway improvements, as well as the support of public transportation, within the Town.
Item 15: Revise the Schedule II of Bonuses to read as follows:
SCHEDULE II OF BONUSES
|
PUBLIC BENEFIT AMENITY |
AMENITY UNIT |
BONUS RATIO* |
|
For FAR increases from 0.32 up to 0.55: |
|
|
|
-OPEN SPACE Having the value ** of |
Dollar ($) |
20:1 |
* Bonus Ratio = Amenity / Floor Area
** OPEN SPACE shall be valued in accordance with Section 324.724 or a contribution made to the Town’s Conservation Open Space Fund.
Item 16: In Section V1-DD, amend Section 2(a) to add thereto “Mall Center (MC) Overlay District” or take any other action relative thereto.
ARTICLE 2
(Planning Board)
To see if the Town will vote to amend the Natick Zoning By-Laws as follows, or otherwise act thereon.
Add the following to SECTION 320 – HIGHWAY OVERLAY DISTRICTS after Section 323.12:
323.13 Lots in a Highway Corridor (HC) district zoned for single- or two-family residential development with frontage on Worcester Street may double the number of units permitted by the underlying zoning. Structures must comply to the Intensity Regulations Section IV-B in the underlying zoning with the following exceptions; minimum lot depth 90’and maximum building height twenty-eight (28) feet. No detached structures are permitted on these properties. Under the provisions of this section, developers shall be required to contribute to the Town’s stock of affordable housing. Affordable housing units shall be provided as set forth in Section III-A.6 or the developer may choose to make a cash payment in the amount of five percent (5%) of the sale price of one unit on each lot to the Natick Housing Corporation or its designee, all subject to the approval of the Special Permit Granting Authority.
ARTICLE 3
(Planning Board)
To see if the Town will vote to amend the Natick Zoning By-Laws as follows, or otherwise act thereon.
Item 1: In SECTION 200 – DEFINITIONS, add the following
“Family Suite – An accessory dwelling unit, in a primary single family dwelling, for occupancy by a resident who is related to the owner of the primary dwelling.”
Galley Kitchen: A Kitchen so configured as to accommodate the storage and preparation of food and meals, but not to accommodate the seating of more than two persons. Such kitchen shall have an area of not less than 50 square feet.
Item 2: In Section III-A-2 USE REGULATIONS SCHEDULE, add a new use 1A, to follow use 1, to read as follows:
“1A. Family Suite”
place the letter “A” under the “RS” column and place the letter “O” under all other columns in such Schedule.
Item 3: In Section IV-B FOOTNOTES TO INTENSITY REGULATIONS, add a new footnote “aa” to read as follows:
“aa. A family suite may be located in a dwelling in an RS district which is the primary residence of the owner of such dwelling upon the issuance of a Special Permit granted by the SPGA. The SPGA shall include a condition in their Special Permit that the residents of the family suite must be related to the owner(s) of the single-family dwelling and that the primary dwelling unit remain the primary residence of the owner of the dwelling throughout the period of occupancy of the family suite. The SPGA shall require that the following conditions be met:
i- The family suite shall be subordinate in size to the primary dwelling unit.
ii- The family suite shall be constructed in a manner that maintains the appearance of a single-family dwelling.
iii- The family suite and the primary dwelling unit shall be fully integrated and shall be contiguous with each other.
iv- The Family Suite shall share living areas within the single-family dwelling with the primary dwelling unit.
v. The family suite and the primary dwelling unit shall share utilities.
vi. The size of the family suite shall not exceed 25% of the area of the primary dwelling unit but shall not be larger than 700 square feet (calculation not to include common areas).
vii. The family suite shall be limited to one bedroom.
viii.The family suite shall be limited to a galley kitchen with minimal amenities.
ix. The family suite shall share a front entry with the primary dwelling unit, although a separate side or rear door may be permitted.
x. Parking shall be as required by Section V-3.a of this By-Law and the units shall be accessed by the same driveway.
xi. All dimensional zoning requirements shall be met.
xii. The design must allow for the future conversion of the Suite to an addition to the single-family dwelling. The SPGA must review and approve the plans for such single family dwelling at the time that the family suite is included in the building.
xiii.The SPGA shall specify by name(s) in its permit who is permitted to reside in the Family Suite. Any changes in occupancy shall require a modification of the Special Permit and must be approved by the SPGA
xiv.The single-family dwelling owner(s) shall covenant to their abutters that they will not use the property as a two-family dwelling. This covenant shall be recorded at the Middlesex South Registry of Deeds and shall be indexed to the deed for the single-family dwelling.
xv. The decision of the SPGA shall be recorded at the Middlesex South Registry of Deeds and a copy of the recorded decision shall be provided to the SPGA and the Building Department before an occupancy permit can be issued.”
ARTICLE
4
(Planning Board)
To see if the Town will vote to amend the Natick Zoning By-Laws as follows, or otherwise act thereon.
Insert a new Section III-5.F after last paragraph of Section III-4.F to read as follows:
III-5.
F COMPREHENSIVE CLUSTER DEVELOPMENT
OPTION
1. PURPOSE AND INTENT:
The
Comprehensive Cluster Development (CCD) option is designed to help the Town
maximize available land for open space, increase the amount of affordable
housing, encourage the creation of handicapped accessible housing and provide
both age-qualified housing and conventional housing while preserving Natick’s
New England character.
This
development alternative permits a more economical and efficient use of
residential land than may be accomplished through standard subdivision
development by: protecting the existing character of the landscape; introducing
diversity into residential developments; and preserving more public open space
for water supply, wetland, and other natural habitat, conservation, and
recreation. In addition, it reduces the
typical costs of providing municipal services to residential developments. Such
objectives may be obtained as an alternative or optional choice by a landowner
in the Residential Single-B (RSB) District.
Applicants
can benefit from choosing this option because they are able to increase the
density of their development over other available options in the RSB district.
2. APPLICABILITY
The Planning Board may grant a Special Permit, Site Plan Approval in accordance with Section VI-DD and VI-EE of these by-laws and subdivision approval in accordance with the subdivision rules and regulations, and other rules and regulations as adopted pursuant to Section III-5.F.4(c) herein, for the construction and occupancy of a CCD located in the RSB District, provided that the gross land area of the parcel is at least one million (1,000,000) square feet. The applicant must either own or submit authorization in writing to act for all the owners to the lots comprising the parcel prior to submitting a formal application.
3. PERMITTED AND ALLOWED USES
The
Planning Board, acting as a Special Permit Granting Authority as hereinafter
provided, may grant a special permit pursuant to the provisions of the By-Law
and M.G.L. Chapter 40A for the following uses:
a. Single family homes which meet the dimensional requirements of single family lots as stated in Section III-5.F.7(a) herein.
b. Town Houses provided that the total number of Town House units does not amount to more than fifty-five (55) percent of the total number of units in the entire CCD pursuant to Section III-5.F.6.
c. Indoor & outdoor tennis courts, swimming pools and other non-commercial recreational facilities with use restricted to residents of the CCD, including accessory structures necessary for appropriate non-commercial use and operation of such recreational facilities.
d. The CCD may be comprised of up to 55% age-qualified housing units. The age-qualified housing units shall be located within well-defined area(s), separated from the conventional housing units and distinguishable as a community of dwelling units specifically intended for people 55 years of age and older.
4. PROCEDURES:
The procedures to be followed in obtaining approval for the CCD are:
a. Pre-Application: To promote better communication and to avoid
misunderstanding, the applicant is very strongly encouraged to request a
pre-application review at a regular business meeting of the Planning
Board. If one is requested, the
Planning Board shall invite the Conservation Commission, Board of Health and
any other Committee and/or Board with interest in the proposal. The purpose of a pre-application review is
to minimize the applicant’s costs of engineering and other technical experts
and to commence negotiations with the Planning Board at the earliest possible
state in the development. At the
pre-application review, the applicant may outline the proposal, seek
preliminary feedback from the Planning Board and/or its technical experts, and
a set a timetable for submittal of a formal application. At the request and expense of the applicant,
the Planning Board may engage technical experts to review the informal plans of
the applicant and to facilitate submittal of a formal application of a CCD
Special Permit.
In order to facilitate review of the CCD at the pre-application stage,
applicants are strongly encouraged to submit the following information:
i.
Site Context Map. This
map illustrates the parcel in connection to its surrounding neighborhood. Based upon existing data sources and field
inspections, it should show various kinds of major natural resource areas or
features that cross parcel lines or that are located on adjoining lands. This map enables the Planning Board to
understand the site in relation to what is occurring on adjacent properties.
ii. Existing Conditions/Site Analysis Map. This map familiarizes officials with existing conditions on the property. Based upon existing data sources and field inspections, this base map locates and describes noteworthy resources that should be left protected through sensitive subdivision layouts. These resources included wetlands, riverfront areas, floodplains and steep slopes, but may also include mature un-degraded woodlands, hedgerows, farmland, unique or special wildlife habitats, historic or cultural features (such as old structures or stone walls), unusual geologic formations and scenic views in to and out from the property. By overlaying this plan onto a development plan, the parties involved can clearly see where conservation priorities and desired development overlap and/or conflict.
Applicants are encouraged to request a site visit by the Planning Board and/or
its agents in order to facilitate the pre-application review of the CCD. If one is requested, the Planning Board
shall invite the Conservation Commission, Board of Health, and any other
committee and/or Board with interest in the proposal.
b. Formal Application: The applicant for a CCD shall submit to the Planning Board a formal application for a Site Plan Approval and a definitive plan for subdivision approval, which includes an Overall Development Plan, and is otherwise in compliance with Rules and Regulations especially established by the Planning Board relative thereto. The application shall be filed in the name of the record owner (s) of the parcel (s) to be developed. The date of application shall be the date when filing is made with the Planning Board.
c. Further Procedures: The hearing and further proceedings regarding the application shall be in accordance with M.G.L. Chapter 40A; M.G.L. Chapter 41, Section 81K et seq; and the Town of Natick By-laws. The Planning Board may adopt Rules and Regulations for the proceedings under Section III-5.F, and in accordance with M.G.L. Chapter 41, Section 81A, and 81Q; and may waive strict compliance therewith, in accordance with M.G.L. Chapter 41, Section 81R.
5. CRITERIA:
Approval of the application for a Site Plan Approval and for subdivision approval to allow the construction of a CCD shall be granted only upon Planning Board determination that the plan is superior to a conventional subdivision plan.
a. The following criteria shall be used to make the determination as to whether or not the plan is superior:
i. The preservation and public accessibility of open space for conservation or recreation and other objectives outlined in the town’s current Open Space Plan;
ii. The protection of significant large contiguous areas of natural features of the land; which would avoid the extensive topographic change necessitating vegetation and tree removal or earth removal;
iii. The protection of historical or other significant features;
iv. More efficient provision of street, utilities and other public services; and
v. The provision of a diversity of dwelling unit styles, sizes, and architectural elements.
b. Specific means of achieving these objectives include:
i. Avoidance of frequent driveway openings onto through streets, or near street intersections;
ii. Avoidance of extensive topographic change necessitating vegetation, earth and/or tree removal;
iii. Preservation of scenic views from public ways;
iv. Preservation of natural landscapes in large contiguous areas and corridors, which are visible from roadways and residences, enhancing the likelihood of the continuation of existing ecosystems and providing an interconnection to adjoining open spaces for both wildlife and public access;
v. Accessibility of the Preserved Open Space to substantially all of the dwelling units and the public;
vi. Variations in lot sizes, building styles, building sizes and building arrangements; and
vii. Use of Preserved Open Space - to protect significant natural environment such as but not limited to ground water recharge areas; wetlands that provide flood protection; stream valleys; outstanding vegetation; woodland; field and wetland habitat; or scenic spots; and - to avoid development on geologically unsuitable land.
6. NUMBER OF DWELLING UNITS:
The
maximum number of dwelling units allowed in a CCD shall equal the “Net Usable
Land Area” within the parcel divided by 13,500 square feet then rounded to the
nearest whole number. At least ten
percent (10%) of this total number of dwelling units shall be affordable units
as defined in Section III-5.F.10 herein.
As used
herein, "Net Usable Land Area”: shall mean eighty percent (80%) of the
resultant area obtained by subtracting the required preserved open space, as
defined in Section III–5.F.12 from the gross land area of the overall
development plan. Additionally, if the sum of the land area lying below the
flood elevation and the wetland resource area, as defined in Section
III–5.F.12, exceeds twenty five (25) percent of the gross land area of the
parcel, then the Net Usable Land Area will further be reduced by the amount
that this sum exceeds the twenty five (25) percent threshold. Furthermore, if the overall development plan
includes a recreational facility, all the land area dedicated to that facility
will be deducted from the “net usable land area” for the purpose of calculating
the maximum number of dwelling units.
7. INTENSITY REGULATIONS
a. Single -family structures shall be on lots having the following requirements:
i. Minimum lot area 20,000 square feet
ii. Continuous frontage minimum of 120 feet
iii. Minimum depth 125 feet
iv. Minimum setback, front 30 feet with garage
v. Minimum side-yard setback 12 feet
vi. Minimum rear-yard setback 25 feet
vii. Maximum building coverage 20%
viii. Maximum building height 2 & 1/2 stories or 35 feet
b. Town Houses shall be built on separate Town House lot(s), if each lot contains at least 6,000 square feet of land for each dwelling unit built on that lot. Access to the lot shall be built on a right of way, which will have at least fifty (50) feet of width. All Town Houses shall be built at least fifty (50) feet from the exterior boundary of the Town House lot. If the Town House lot abuts any portion of the exterior boundary of the overall development plan, the setback requirements of Section III-5.F.8a shall apply.
8. Exceptions to the otherwise applicable Intensity Regulations
a. No building or parking shall be located within one hundred (100) feet of the boundaries of the Overall Development Plan unless the Planning Board determines that a lesser setback would be sufficient to visually screen or separate the development from adjacent property, however, under no circumstances will the setback be less than fifty (50) feet.
b. No construction shall take place within the one hundred (100) year flood elevation except in conformity with the requirements of M.G.L. Chapter 131, Section 40, and procedures established by the Town for such areas pursuant to the National Flood Insurance Program (42 USC 4001-4128) and the regulations of the Secretary of Housing and Urban Development issued there under.
c. Frontage need not exceed fifty (50) feet on any lot for a single family home providing a front building line is designated on the plan for such lot, and if the width of the lot at this building line is at least equal to the frontage otherwise required under this section.
d. Indoor and outdoor recreational facilities intended for use by CCD residents of more than one dwelling unit shall be located on a separate lot containing no dwelling units.
e. The depth of the lots as delineated in Section III-5.F.7 (a) may be reduced, if in the opinion of the Planning Board that a waiver would improve the layout of the overall plan.
9.
AGE-QUALIFIED HOUSING UNITS
The age-qualified housing units shall be subject to an age restriction described in a deed, deed rider, restrictive covenant, or other document that shall be recorded at the Registry of Deeds or the Land Court. The age restriction shall require at least one occupant in each age-qualified unit to be at least age 55; provide for reasonable, time-limited guest visitation rights; and authorize special exceptions as the Planning Board shall further define and specify in its special permit. The age restriction shall run with the land in perpetuity and shall be enforceable by any or all of the owners of the aged qualified housing units. .
10. AFFORDABILITY
It is mandatory that a percentage of dwelling units in a CCD be sold, rented, or leased at prices and rates that are affordable to low- and moderate-income individuals, as more specifically set forth in the following:
a. Affordable Unit defined – The term affordable unit as used in this section shall refer to dwelling units, which are restricted to sale, lease or rental (1) to individuals within specific income and asset limitations, and (2) at specific price limits, both in accordance with provisions set forth in any State or Federal rental assistance programs, subsidy programs for reducing mortgage payments, or other programs that provide for affordable housing for low and moderate income individuals, and that are in effect at the time that the project application is made to the Planning Board. Such housing units shall be provided for sale through the Natick Housing Corporation or any successor organization.
b. Basic Affordability Component – At least 10% of the units in the CCD, to the nearest whole number, shall be affordable units. None of the affordable units shall be age-qualified housing units.
c. Affordability Standards – Subject to Planning Board approval, an applicant for a CCD special permit may utilize an available State or Federal assistance program or shall meet the affordable unit requirements by utilizing income and asset standards, and by establishing rents, leases, sales prices, entry fees, condominium fees, and other costs for individuals that are generally consistent with available affordable housing assistance programs.
d. Affordability Restrictions – affordable units shall be maintained in perpetuity. Each affordable unit shall be rented or sold to its initial and all subsequent buyers or tenants subject to deed riders, restrictive covenants, contractual agreements, or other mechanisms restricting the use and occupancy, rent levels, sales prices, resale prices, and other cost factors to assure their long term affordability. These restrictions shall be in force for such maximum time as may be permitted under applicable state law governing such restrictions. They shall be enforceable and renewable by the Town of Natick through standard procedures provided by applicable law.
i. The Planning Board may require that the restrictions for affordable units contain a right of first refusal to the Town of Natick through the Board of Selectmen or its designee at the restricted resale value, and that the owner provides notice of such right of first refusal to the Town of Natick or its designee prior to selling or reselling the affordable unit with such reasonable time as the Planning Board may determine in its discretion for the town or its designee to exercise the right of first refusal.
ii. Nothing in this Section shall be construed to cause eviction of an owner or tenant of an affordable unit due to loss of his/her income eligibility status during the time of ownership or tenancy. Rather, the restrictions governing an affordable unit shall be enforced upon resale, re-rental, or re-lease of the affordable unit. The mechanisms and remedies to enforce the restrictions governing an affordable unit upon resale, re-rental, or re-lease shall be set forth in its deed restrictions.
iii. All contractual agreements with the Town of Natick and other documents necessary to insure the long term affordability of an affordable unit shall be executed prior to the issuance of any building permit under this option.
e. The exterior of the affordable units shall be compatible with, and as much as possible indistinguishable from, market-rate dwelling units in the CCD development.
f. Local Preference – Unless otherwise regulated by an applicable Federal or State agency under a financing or other subsidy program, at least fifty percent (50%) of the affordable units shall be initially offered to residents and employees of the Town of Natick.
i. Residency and employment in Natick shall be established through Town Clerk certification based on the Town Census, voter registration, or other acceptable evidence approved by the Town Clerk.
ii. Purchaser/tenant selection – Procedures for the selection of purchasers and/or tenants shall be subject to approval by the Town of Natick or its designee.
iii. These restrictions shall be in force for one hundred and twenty (120) days from the date of the first offering of sale or rental of a particular affordable unit. The developer of the CCD shall make a diligent effort to locate eligible purchasers or renters for the affordable unit who meet the local preference criteria and the applicable income requirements or enter into a cooperative agreement with the Town of Natick.
All buildings and structures shall be designed, located and constructed to afford the following:
a. Compatibility of architectural styles, scales, building materials and colors within the development;
b. Variations in façade, roof lines and interior layouts of dwelling units, including the design of units that are handicapped accessible;
c. Harmonious relationship of buildings and structures to each other and their environs with adequate light, air, circulation, privacy and separation; and
d. The capability for constant surveillance, orientation and recognition; to this end, and in lieu of providing conventional street lighting, individual building lot front yards and other areas along roadways not fronting building lots and approaches to common-use buildings and structures, shall be provided with architecturally compatible street-level-type lamp post lighting necessary to provide safety, security and visual indications, as determined by the Planning Board.
12.
PRESERVED OPEN SPACE
In Comprehensive Cluster Developments, it is desired to create an environment in which large tracts of contiguous land are preserved for publicly accessible open space. Preserved open space must include at least twenty percent (20%) of the frontage on the roads servicing the CCD. A portion of the preserved open space may be used as a common surrounded by a one-way road, in which event all of the road abutting such common will be counted as frontage for the purpose of fulfilling the foregoing requirement.
For the purposes of this section, the preserved open space shall comprise not less than fifty (50) percent of the total land area of the parcel for which there is an Overall Development Plan and will not include rights of way for roads, detached single-family lots, Town House lots or recreational facilities as defined in Section III-5.F.3(c). Also, land which is under an existing conservation restriction or agricultural, forest land, or recreational restriction, (APR or Chapter 61A,Chapter 61, Chapter 61B) may not be included in the preserved open space. At least eighty percent (80%) of the dwelling units shall abut or be within five hundred (500') feet of the Preserved Open Space and all dwelling units shall have access via a public way or easement to such Preserved Open Space. At least fifty percent (50%) of the Preserved Open Space shall not be primary zone wetlands or land within the 100-year flood elevation either as shown on the Townwide Drainage study maps or as delineated by a qualified wetland scientist. All the Preserved Open Space shall be accessible to the general public and all of it shall be conveyed to and accepted by the Town of Natick under a Conservation Restriction pursuant to Article 97 Protection and to MGL Chapter 184 Conservation Restrictions, as amended. The Special Permit authorizing the CCD shall further provide that the Preserved Open Space shall be:
a. Conveyed to and accepted by the Town of Natick under a conservation restriction pursuant to M.G.L. Chapter 184, as amended;
b. Conveyed to a non-profit organization, the principal purpose of
which is the conservation of open space; or
c. Conveyed to the owners of all the lots within the Overall Development Plan as tenants in common, provided that title to such open space and to the lots is not separately alienable; or
d. Conveyed to a corporation or trust owned or to be owned, by the owners of the lots or residential units within the Overall Development Plan for recreation or conservation purposes, with each lot subject to a proportionate charge for its share of the reasonable and appropriate maintenance expenses.
e. If method (b), (c), or (d) is elected, in addition, the Town shall be granted an easement or restriction over such parcel sufficient to ensure such parcel’s perpetual reservation for conservation, recreation or park land; and in the event the Town is required to expend funds for the reasonable and appropriate maintenance expenses of the Preserved Open Space, then each lot in the Overall Development Plan shall be subject to a proportionate charge for its share of such expenses. No more than one method shall be elected for the Preserved Open Space within any Overall Development Plan, unless the Planning Board shall otherwise approve.
ARTICLE
5
(Milton E. Gilbert, et al)
To see if the Town will vote to amend the Natick By-Laws as follows, or otherwise act thereon.
Item 1: In ARTICLE 3 PROCEDURE AT TOWN MEETINGS, Section 1, Rules of Procedure, insert the following sentence at the end of the existing paragraph:
“The Moderator shall recuse himself and not preside over the discussion of any article in which the Moderator has a financial interest, or which he has drafted or participated in its drafting, or in which he has any other equitable interest.”
Item 2: In ARTICLE 3 PROCEDURE AT TOWN MEETINGS, Section 10, Appointing Committees, insert the following sentence at the end of the first sentence:
“The Moderator shall not appoint himself as a member of any committee.”
ARTICLE 6
(Town Administrator)
To determine what sum or sums of money the Town will appropriate and raise, or transfer from available funds, for the operation of the government of the Town of Natick, including debt and interest, and to provide for a reserve fund for Fiscal Year 2003 (July 1, 2002 to June 30, 2003), and to see what budgets for Fiscal 2003 will be reduced to offset said additional appropriations, or take any action relative thereto.
ARTICLE 7
(Town Administrator)
To see if the Town will vote to appropriate a sum of money from available funds for the purpose of supplementing the stabilization fund under Article 22 of the warrant for Annual Town Meeting of 1961, as authorized by Chapter 40, Section 5B of the General Laws, as amended, or otherwise act thereon.
ARTICLE 8
(Town Administrator)
To see if the Town will vote to appropriate and raise, or otherwise provide, a sum or sums of money as may be required for capital equipment for the various departments of the Town of Natick, or otherwise act thereon.
ARTICLE 9
(Town Administrator)
To see if the Town will vote to appropriate and raise, or otherwise provide, a sum or sums of money to implement a Capital Improvement Program, to protect the physical infrastructure of the Town of Natick, or otherwise act thereon.
ARTICLE 10
(Town Administrator)
To see if the Town will vote to appropriate and raise, or otherwise provide, a sum or sums of money as may be required for the lease and/or repair of equipment for various departments of the Town of Natick, or otherwise act thereon.
ARTICLE 11
(Morse Institute Library Trustees)
To see if the Town will vote to raise and appropriate, or otherwise provide, a sum or sums of money for staffing to restore hours at the Morse Institute Library, or otherwise act thereon.
ARTICLE 12
(John R. Culkin, et al)
To see what sums of money the Town will vote to raise and appropriate, or transfer from available funds or otherwise provide, to hire additional personnel for the Morse Institute Library, and to see what budgets for Fiscal 2003 will be reduced to offset said additional appropriations, or take any action relative thereto.
