Flexible Residential Development 1

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BYLAW: Flexible Residential Development - Special Permit

MUNICIPALITY: Hingham, Massachusetts

PURPOSE:
(a) To encourage the permanent preservation of open space, water bodies and supplies, wetlands and other natural resources, and historical and archeological resources,
(b) To preserve and enhance community character by allowing for greater flexibility, creativity and open space within residential developments,
(c) To provide for a diversified housing stock, including Moderately-Sized Homes and Low or Moderate income Housing,
(d) To facilitate the construction and maintenance of housing, streets, utilities and public service facilities in an economical and efficient manner, and
(e) To minimize the total amount of disturbance on the site

2 Definitions
Capitalized terms used herein and not otherwise defined herein shall have the same meanings ascribed to such terms in Section VI of this By-Law
ADDITIONAL DWELLING UNITS - As defined in Section IV-D, 7 CONVENTIONAL YIELD - The number of Single-Family Detached Houses that would be permitted under Massachusetts General Laws Chapter 41, Sections 61K-81GG (The Subdivision Control Law) and which could reasonably be expected to be developed in full conformance with applicable zoning, subdivision rules and regulations, wetland by-laws, Board of Health rules and regulations and all applicable rules and regulations of the Town of Hingham
EXISTING PROTECTED OPEN SPACE - Open space not located within the site which is protected in perpetuity by legal restriction or form of ownership (e g ,land which is under the control of the Conservation Commission, owned by a non-profit organization the principal purpose of which is the conservation of open space, or subject to a conservation restriction)
FLEXIBLE RESIDENTIAL DEVELOPMENT (OR "FRD") -an alternative development plan to a conventional subdivision which permits flexibility m the layout and design of a subdivision and Additional Dwelling Units in exchange for the preservation of a significant portion of the site as open space and the construction of diversified housing LOW OR MODERATE INCOME HOUSING - Dwelling Units restricted for a period of not less than thirty (30) years to occupancy by persons or families who qualify as low or moderate income, as those terms are defined for this area by the Massachusetts Department of Housing and Community Development (DHCD) and which are affordable to such persons m accordance with applicable regulations of DHCD or the Department of Housing and Urban Development For the purpose of this Section IV-D, any Dwelling Unit intended to be considered as Low or Moderate Income Housing shall have the following minimum specifications
MODERATELY-SIZED HOME - For the purpose of this Section IV-D, any Dwelling Unit intended to be considered as a Moderately-Sized Home shall have the following maximum specifications
OPEN SPACE - Land within the site that is prohibited from development (except as specifically provided herein), and managed under the requirements set forth in Section IVD,8 hereof
UNRESTRICTED DWELLING UNITS -As defined in Section IV-D, 7

3 Eligibility
Sites that meet the following criteria are eligible for a Special Permit A3
(a) Sites containing a minimum of five (5) acres and a Conventional Yield of not less than three (3), subject to subsection 3(d) below
(b) Sites located in Residential Districts A, B and C
(c) Sites with the proposed use permitted in the District in which the site is located, except that if the proposed FRD includes Low or Moderate Income Housing, Town Houses shall also be permitted instead of, or in combination with, Single Family Detached Houses
(d) Sites consisting of a single parcel or two or more contiguous parcels For the purposes of this Section IV-D, parcels physically separated by a street or way (other than a Major Street as defined in Section 4 of the Planning Board Rules and Regulations) may be considered contiguous parcels, provided that (i) the parcels on each side of such street or way are each at least three (3) acres and (ii) the frontage of the parcels on such street or way shall be parallel for a distance of not less than fifty (50) feet
(e) The site may be a subdivision or a division of land pursuant to Massachusetts General Laws Chapter 41, Section 81P, provided, however, that a FRD may also be permitted on a site intended as a condominium and not so divided or subdivided

4 Application and Review Procedure
The review procedure for a Flexible Residential Development (FRD) consists of two steps 1) Preliminary Flexible Residential Development Plan ("Preliminary FRD Plan") review, and 2) Definitive Flexible Residential Development Plan ("Definitive Plan") review In the first step, the applicant shall file a Preliminary FRD Plan, as described below, which describes the overall development proposal for the site The Planning Board shall grant or deny a Special Permit A3 based on the information contained in the Preliminary FRD Plan application If the Special Permit A3 is granted, the applicant shall submit a Definitive Plan, as described below, based on the Preliminary FRD Plan The Planning Board shall then review the Definitive Plan as a definitive subdivision plan Two separate public hearings shall be held, one for the Special Permit and one for the Definitive Plan The applicant is 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 all relevant boards and committees to attend, including but not limited to the Conservation Commission, Board of Health and, if applicable, Sewer Commission, Historic Districts Commission and Housing Partnership Committee The purpose of the preapplication hearing Is to minimize the applicant's cost of engineering and other technical experts, and to obtain the input and direction of the Planning Board prior to filing the application At the pre-application review the applicant shall outline the proposed FRD and seek preliminary feedback from the Planning Board and/or Its technical experts The applicant is also encouraged to request a site visit by the Planning Board and/or its agents in order to facilitate pre-application review It such a site visit is requested, all applicable boards and committees will also be notified and invited to attend

5 Preliminary Flexible Residential Development Plan Review
(a) An application for Preliminary FRI) Plan review shall include the following (i) Site Context Mao A map illustrating the larger context in which the site is located, including associated or adjacent neighborhoods, natural features, roads and zoning districts (ii) Existing Conditions/Site Analysis Map Based on existing data sources and field inspection, this map should contain all zoning classifications applicable to the site, all physical and natural features including water bodies, streams, wetlands, areas of greater than 40% slope, vistas, geological and topographical features, topography at 2' intervals, unique vegetation, historic features, large boulders or ledge outcroppings, wooded and open areas, tress with a caliper of 6 inches or greater and stone walls (iii) Preliminary Plan The preliminary development plan, prepared by a professional landscape architect registered in the Commonwealth of Massachusetts, which complies with the requirements of Section 3, B (1) and (2) of the Planning Board Rules and Regulations The Planning Board may waive specific requirements relative to the content of the Preliminary Plan as the Planning Board deems appropriate The Preliminary Plan shall also identify the proposed location and size of structures to be built on the site (iv) Conventional Yield Sketch Plan A sketch plan showing the Conventional Yield
(b) The applicant shall file the Preliminary FRD Plan with the Town Clerk and Planning Board, and submit copies of the Preliminary FRI) Plan to the Board of Health, Conservation Commission, Fire Department, and Department of Public Works The applicant shall also submit copies of the Preliminary FRD Plan to such other Town boards and agencies as the Planning Board shall request The applicant shall file with the Town Clerk and submit to the Planning Board one or more transmittal letter(s), as required, certifying that it has forwarded such copies to the Town boards and agencies as provided in this subparagraph and as may be requested by the Planning Board
(c) The Town boards and agencies receiving copies of the Preliminary FRD Plan shall submit written recommendations to the Planning Board within 35 days after filing of the Preliminary FRD Plan Failure to report to the Planning Board within 35 days shall be deemed a lack of objection to the application The applicant is encouraged to meet with the Town boards and agencies receiving copies of the Preliminary FRD Plan during the review period
(d) The Planning Board, within 60 days or such further time as may be agreed upon in writing by the applicant, may grant a Special Permit A3 if it determines that the proposed FRO achieves greater flexibility and creativity in the design of residential development than a conventional subdivision plan, promotes the preservation of Open Space and natural resources, reduces the total amount of disturbance on the site, facilitates the efficient delivery of services and complies with the requirements of this Section IV-D
(e) All Open Space shall be dedicated at the time the Special Permit holder coin-mences construction under a Building Permit

6 Definitive Flexible Residential Development Review
(a) if the Special Permit A3 is granted by the Planning Board, the applicant shall file with the Planning Board an application for a Definitive Plan in accordance with the Rules and Regulations of the Planning Board relative to the submission of a Definitive Plan (Section 3, C) In addition, the applicant shall submit a list of all waivers requested from the Planning Board Rules and Regulations
(b) The Planning Board shall review the Definitive Plan to determine its compliance with the Subdivision Control Law, and hold a public hearing as required by Massachusetts General Laws Chapter 41, Section BIT The Special Permit A3 shall be reconsidered if there is a substantial variation between the Definitive Plan and the Preliminary FRD Plan A substantial variation shall be defined as an increase in the number of Lots or Dwelling Units, a decrease in the amount of Open Space and/or a change in the development pattern which adversely affects natural landscape features and Open Space, or surrounding residential properties If the Planning Board finds that a substantial variation exists, it may reopen the Special Permit A3 public hearing to review the modifications to the Preliminary FRD Plan and, based on Its findings, may approve, modify or revoke the Special Permit A3 7 Density The total number of Dwelling Units permitted on the site shall not exceed the Conventional Yield, provided that, if the Planning Board makes a finding that the proposed development complies with all of the provisions of this Section IV-D, the total number of Dwelling Units permitted on this site shall be the greater of (i) one hundred thirty five percent (135%) of the Conventional Yield (rounded to the nearest whole number) or (ii) the Conventional Yield plus two (2) The number of Dwelling Units permitted in excess of the Conventional Yield are referred to herein as the "Additional Dwelling Units" (a) Subject to (d) through (f) below, at least one third (1/3) of the Additional Dwelling Units shall be Low or Moderate Income Housing, (b) Subject to (d) through (f) below, at least one-third (1/3) of the Additional Dwelling Units shall be Moderately-Sized Homes, (c) The remaining Additional Dwelling Units shall be referred to herein as "Unrestricted Dwelling Units", (d) If the total number of Additional Dwelling Units is less than three (3), the first Additional Dwelling Unit shall be designated as Low or Moderate Income Housing and the second Additional Dwelling Unit shall be designated as an Unrestricted Dwelling Unit,
(e) If the total number of Additional Dwelling Units is a number which is not evenly divisible by the number three (3), the number of Additional Dwelling Units represented by the remainder shall be designated as follows (i) if the remainder is one (1), such Additional Dwelling Unit shall be designated a Moderately-Sized Home, and (ii) if the remainder is two (2), the first Additional Dwelling Unit shall be designated as Low or Moderate Income Housing and the second Additional Dwelling Unit shall be designated as either a Moderately-Sized Home or an Unrestricted Dwelling Unit,
(f) The Additional Dwelling Units shall be allocated such that the number of Additional Dwelling Units designated as Unrestricted Dwelling Units shall not exceed the number designated as Low or Moderate Income Housing,
(g) Low or Moderate Income Housing and Moderately-Sized Homes shall not be segregated on the site, and shall be designed in the same architectural style and constructed with building materials comparable to any Unrestricted Dwelling Units constructed on the site,
(h) If the proposed development consists of a mix of Single Family Detached Houses and Town Houses, the Low or Moderate Income Housing and the Moderately-Sized Homes (i) shall he developed with a consistent mix of such Single Family Detached Houses and Town Houses and (ii) must be evenly distributed among the Single Family Detached Houses and the Town Houses constructed on the site In addition, the number of bedrooms in any Town Houses which are designated as Low or Moderate Income Housing shall mirror the number of bedrooms in the remaining Town Houses (for example, if there are two market rate Town Houses, one with two bedrooms and one with three bedrooms, then the corresponding Town Houses designated as Low and Moderate Income Housing shall also contain two bedrooms and three bedrooms, respectively), and
(i) It shall be a condition of the approval of a Definitive Plan that the procedure for the sale or rental of the Low or Moderate Income Housing shall be in writing and approved by the Hingham Housing Authority (or such other board or authority granted jurisdiction over affordable housing units by the Town) prior to the issuance of a building permit for the site To the extent permitted by applicable law, preference shall be given in the sale or rental of Low and Moderate Income Housing units to (i) persons currently residing in the Town for at least 24 consecutive months or (ii) persons who have previously resided in the Town for at least ten (10) years or (in) persons who are currently employed by the Town for at least 24 consecutive months for a minimum of twenty (20) hours per week

8 Open Space Requirements
The following Open Space requirements shall apply
(a) A minimum of forty percent (40%) of the site shall be Open Space
(b) The Open Space, or any portions thereof, shall be conveyed to (i) the Town,(n) a nonprofit organization, the principal purpose of which is the conservation of open space or (m) a corporation, trust or homeowners' association (hereinafter, a "Trust") owned or to be owned by the owners of Dwelling Units within the site In any case where Open Space is not conveyed to the Town, a restriction enforceable by the Town shall be recorded providing that such land shall perpetually be kept in an open or natural state consistent with this Section of the By-Law If a Trust is utilized to hold title to the Open Space, maintenance of such Open Space and any accessory facilities shall be permanently guaranteed by such Trust, which shall provide for mandatory assessments of maintenance expenses to each Dwelling Unit owner The deed of trust or articles of incorporation shall include provisions designed to effect these obligations and to grant to the Town an easement to perform such maintenance obligations if the Trust fails to do so, along with the right to record a lien against the Dwelling Units for the collection of all costs associated with performing such maintenance obligations as well as the imposition of any applicable fees Each individual deed shall Incorporate such provisions specifically or by reference The documents creating such Trust shall be submitted to the Planning Board for its approval and, upon Definitive Plan approval, shall be recorded
(c) The percentage of Open Space that is wetlands (as defined under the Hingham Wetlands By-Law) shall not exceed the percentage of the entire site that is wetlands For the purposes of this subsection 8(c), surface drainage systems, such as retention and detention ponds, shall be considered wetlands and may be located in the Open Space subject to the limitation of this subsection
(d) The Open Space shall be contiguous and, when possible, should abut and give access to adjacent Existing Protected Open Space so as to help to create a system of protected Open Space Open Space will be considered contiguous if connected by a street (other than a Major Street), way, walking or bicycle path or non-exclusive easement Upon a finding by the Planning Board that the quality of the Open Space preserved within the FRD shall be significantly increased by permitting noncontiguous areas of Open Space, such non-contiguous areas may be included within the total required Open Space
(e) The Open Space shall be used for conservation, passive recreation, playground areas, outdoor education, agriculture, forestry, or a combination of these uses, and shall be served by suitable access for such purposes The Planning Board may permit up to 5"/0 of the Open Space to be paved or built upon for facilities accessory to the dedicated use or uses of such Open Space (such as pedestrian walks, bike paths and playground equipment) The Open Space shall not include land set aside for roads and/or parking uses
(f) Subsurface wastewater and storm water management systems serving the FRD may be located within the Open Space, provided that a sufficient Open Space buffer exists to adequately screen the development from abutting properties in accordance with Section IV-D,9 (c) hereof

9 Minimum Dimensional Requirements
(a) Minimum lot size will be determined through the Special Permit process In addition, the following minimum requirements shall apply
(b) There shall be an Open Space buffer along the perimeter of the site consisting of trees, shrubs, vegetation, and topographic features sufficient to screen the development from abutting properties and adjacent roadways This buffer shall be not less than 700 feet in width along abutting properties and not lose than 50 feet in width along adjacent roadways, and shall count towards the Open Space requirement No buffer shall be required along roadways created as part of the FRD No portion of the Open Space buffer shall be within the boundaries of any Lot Upon a finding by the Planning Board that a buffer of lesser width would be sufficient to screen and/or separate the FRD from the abutting properties or adjacent roadways, the buffer may be reduced Upon a finding of the Planning Board that the natural state of the buffer is insufficient to adequately separate and/or screen the site from abutting properties, additional trees, shrubs and/or plantings shall be required
(c) To the extent a specific provision of this Section IV-D is in conflict with any other provisions of this By-taw, the provisions of this Section IV-D shall control

10 Additional Requirements
(a) Roadways and Lots shall be designed and located In such a manner as to maintain and preserve existing tree cover, natural topography and significant natural and cultural resources, to minimize cut and fill, and to preserve and enhance views to and from the site and the Dwelling Units
(b) The removal or disruption of historic, traditional, or significant uses, structures, or architectural elements shall be minimized insofar as practicable, whether these exist on the site or on adjacent properties
(c) When site conditions permit, the use of "soft" (non-structural) storm water management techniques (such as swales) and other drainage techniques that reduce impervious surface and enable infiltration where appropriate shall be required
(d) Walkways and bicycle paths shall be provided to link Dwelling Units with the Open Space and with any parking areas, recreation facilities and Existing Protected Open Space and paths and/or sidewalks on adjacent land where appropriate
(e) No lot shown on a plan for which a Special Permit is granted under this Section IV-D may be further subdivided and a notation to this effect shall be shown on the plan
(f) No building permit shall be issued for the construction or modification of any Moderately-Sized Home that would result m a violation of any of the maximum specifications set forth in the definition of Moderately-Sized Home

**Webmasters Note: Section IV-D has been amended as per Annual Town Meeting dated 4/23/01