Town Meeting top page


 

 

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:

 

                             &nb