(1)
Goals.
(a) To foster
the creation of housing that:
1. Is compatible
in scale, form, style, and size with adjacent residential areas;
2. Accommodates a variety of household types
and income levels;
3. Serves
households who live or work in the Devens region;
4. Is varied as to type and size.
(b) To provide a streamlined
residential development review process.
(c) To encourage sustainable residential
development.
(d) To foster the
creation or preservation of open space, trails, and other community
amenities.
(e) To promote the
evolution of a neighborhood at Devens.
(f) To provide for an integrated system of
roads and utilities.
(g) To
preserve mature trees, street trees, wooded areas and existing topography,
and
(h) To minimize the impact of
new development on previously undisturbed areas.
(2)
Applicability.
All development on land zoned Residential I as November 18, 1994 (the date of
the Devens By-laws) except projects of four or fewer dwelling units or
developments on less than two acres shall be a Residential Development
complying with 974 CMR 5.01. One or more Applicants shall not segment a project
in order to circumvent the requirements of 974 CMR 5.01.
(3)
General
Requirements.
(a) Approval of a
Residential Development (RD) shall require approval by the DEC of a Residential
Master Plan (RMP), a Residential Development Plan (RDP), and a Master
Residential Site Plan (MRSP).
(b)
The RMP, RDP, and the MRSP are each components of the Unified Permitting system
and each requires a Level Two permit. The DEC shall review the RMP, RDP, and
MRSP in accordance with the procedures for review of Level Two permits as set
forth in
974 CMR
1.00: Administration.
(c) The DEC shall approve, approve with
conditions, or deny an RMP, RDP, and/or MRSP.
(d) The fee for an RDP, and MRSP is a Unified
Permit fee as detailed in
974 CMR
1.08: Time Limits For Review.
The RMP fee is $50 per dwelling unit plus the land factor of
$.005/sq.ft. per square foot of the total land area plus peer review fees. The
Unified Permit fee is due upon the submission of the RDP and may be divided
such that 50% is paid upon submission of the RDP and the remaining 50% paid
upon submission of the MRSP.
(4)
Residential Master Plan
(RMP).
(a) The RMP provides in a
conceptual manner, the framework for the RD for the entire Residential I zoning
district. The RMP demonstrates in a narrative and graphic form where the roads,
utilities, open spaces, trails, resource areas, and housing will be
located.
(b) A RMP shall include
the following:
1. A conceptual plan at a scale
of one inch = 80 feet, for the entire zoning district, depicting the existing
and proposed location of roads, utilities, trails, open space, resource areas,
dwelling units and topography.
2. A
delineation of the area to be developed by the Applicant, if less than the
entire zoning district.
3. A table
showing the total number of dwelling units and the number of dwelling units of
each size and type.
4. A narrative
outlining, in a general manner, housing tenure (whether the dwelling units will
be "for-sale" [condominium or fee simple lots] or rental), low-and-moderate
income unit prices and households eligible for low-and-moderate income
housing.
5. A narrative
demonstrating how the RMP meets the By-laws and the goals of 974 CMR
5.01.
6. A narrative describing the
Applicant's approach to open space planning within the RD and proposed uses of
the designated open space areas.
7.
A narrative outlining the proposed phasing and schedule for the development of
the entire zoning district.
8. A
narrative demonstrating how sustainable development will be promoted. The
narrative shall include a general proposal for the recycling of materials,
maximization of passive solar potential, minimization of topographic changes,
preservation of existing street trees and wooded areas, use of
environmentally-safe materials, resource efficient appliances and materials,
natural (energy-efficient) methods of heating and cooling and other methods of
promoting sustainable development.
9. A narrative or graphic describing the
variety of scale, forms, unit types, and sizes for the proposed
dwellings.
(c)
RMP General Requirements.
1. At least 25% of the dwelling units within
an RD shall be sold or rented to Low- and Moderate-income households.
"Low-income" shall mean 80% or less of Median Income. "Moderate-income" shall
mean 120% or less of Median Income. Median Income shall mean the median income
of the Boston Metropolitan Statistical Area, as determined by the U.S.
Department of Housing and Urban Development, at the time the Unified Permit is
granted, adjusted for household size. At least 10% of the dwelling units within
an RD shall be Low-income. At least 15% of the dwelling units within an RD
shall be Moderate-income, with these dwelling units being sold or rented to
households earning an average of 100% of Median Income. The Applicant shall
demonstrate, to the satisfaction of the DEC, that the dwelling units shall be
priced so that Low- and Moderate-income households can afford to purchase or
rent them.
2. At least 25% of the
total area of the RD shall be open space and/or trails. The area required for
detention and retention ponds shall not be included within this 25%,
3. A village green measuring at least one
acre shall be provided for community activities of the RD.
(d)
Review Criteria.
The DEC shall approve or approve with conditions the RMP if the Applicant can
demonstrate, to the satisfaction of the DEC, that the RMP:
1. Is consistent with the goals of 974 CMR
5.01;
2. Complies with the RMP
General Requirements;
3. The
Submission is Complete.
(5)
Residential Development
Plan.
(a) The RDP establishes the
precise location of roads, lots, and open space within the RD.
(b) An RDP shall meet all of the Submission
and Plan Form and Contents requirements set forth in
974 CMR
2.04. In addition, the RDP shall show:
1. Location and proposed uses of open space
within the development and a narrative demonstrating compliance with the Devens
Open Space and Recreation Plan (DOSRP).
2. Location of trails and how proposed trails
conform with the "Devens Main Post Trails," plan prepared by Stillman
Restoration/Design, July 21, 2001, and any amendments adopted thereto by the
DEC.
3. A table showing the
required dimensional controls to be utilized in the development, including
setbacks, building heights, lot coverage by buildings, total impervious cover
on a lot, and parking required.
4.
The anticipated mix of housing types and income groups to be served within the
development.
5. Additional details
of methods to be used to implement sustainable development within the
RD.
6. A plan showing phases of
construction and schedule, including a statement that the affordable units and
open space amenities shall be built in concert with market-rate
units.
7. All easements, existing
and proposed.
8. Plans for
construction mitigation, erosion and sedimentation control, and if any earth
removal, a plan for earth removal.
9. Methods (including traffic calming) to be
used to foster the creation of a pedestrian-and bike-friendly community, to
control truck and nonresident traffic through the RD, and vehicle operating
speeds.
10. Design of landscape
treatments within the road right-of-ways and open space, signs, and outdoor
lighting.
11. Lot lines, the area
of each lot in square feet, and dimensions of all proposed lots.
12. Information concerning pedestrian and
vehicular traffic and circulation.
(c)
RDP General
Requirements. The requirements of
974 CMR
2.00 shall apply with the following additions:
1.
Additional Setback
Requirement - A vegetated screen meeting the requirements of
974 CMR 3.04(8)(g)
shall be planted within a 25 foot deep
buffer that runs adjacent to the 69 KV power line easement on the
lot.
2.
Lot
Sizes. The Minimum Lot Area:
a.
for a single-family dwelling or a two family attached dwelling shall be 15,000
square feet.
b. for a multifamily
dwelling shall be 15,000 square feet plus 2,500 square feet for each dwelling
unit beyond the first two up to the maximum eight dwelling units per
structure.
3. The
Minimum Lot Area shall not include land:
a.
within a utility easement (except within required setbacks);
b. land that is a resource area (as defined
in
974 CMR 4.06
); and
c. land used for retention
or detention basins.
4.
Open Space. There shall be different types of open
space including active and passive recreation areas, conservation areas and
buffer zones, and connections between open space areas. Open space shall be
distributed throughout the RD and shall be adequate to meet the needs of
residents.
5. Streets and roadways
shall be designed to:
a. be generally parallel
and preserve existing trees to the maximum extent feasible.
b. comply with the street design standards
and criteria of Minor Collector Streets and Lanes of
974 CMR
2.07.
c. have as few driveway openings as feasible.
Driveways shall be shared to the maximum extent feasible.
6.
Landscape
Treatment.
a. The landscape
treatment shall complement the existing landscape patterns within the R-I
district. Landscaping requirements for streets shall comply with the
974 CMR
2.07(4).
b. Specimen trees (those exceeding 12 feet
caliper) shall be preserved to the maximum extent feasible with lot lines and
street layouts adjusted to preserve significant trees.
c. Topographic alterations shall be minimized
(see
974 CMR 3.04(5)
) to the maximum extent feasible.
d. Wooded areas that are contiguous and over
one acre in size shall be preserved to the maximum extent feasible.
7.
Sidewalks. Sidewalks shall comply with
974 CMR
2.00. Sidewalks shall be constructed of concrete.
Sidewalks may meander within the road right-of-way or within easements adjacent
to the road rights-of-way if necessary to preserve specimen trees or minimize
topographic disturbance.
8.
Utilities. Utility lines, services, and connections
shall be underground. Existing above-ground utilities may remain in specific
locations with the approval of the DEC.
9.
Trails. The main
trail for the area has been shown in the "Devens Main Post Trails," prepared by
Stillman Restoration/Design, July 21, 2001. Additional trails connecting open
space and recreational areas within the RD shall be provided to ensure a
continuous pedestrian and bicycle network. Appropriate easements shall be
created and the trails shall be constructed. Trail width shall be at least five
feet but the DEC may require a larger width based on proposed use.
Specifications for trails are in
974 CMR
3.00 and shown as Figure
974 CMR 3.06(12)
Figure L.
10. Sustainable development elements
incorporated in the RDP shall be listed.
11. Vehicular and pedestrian circulation and
traffic calming measures shall be shown,
12.
Maximum Lot
Coverage.
a.
Buildings and Structures. Buildings and structures
(including decks) shall not exceed 10% of the Usable Lot Area. Usable Lot Area
is that portion of the lot that has a gradient of less than 15%.
b.
Impervious
Surfaces. Impervious surfaces (including but not limited to
buildings, structures, roads, driveways, and sidewalks) shall not exceed 25% of
the Usable Lot Area.
(d) The DEC shall approve (or approve with
conditions) the RDP if the Applicant can demonstrate, to the satisfaction of
the DEC, that the RDP:
1. is consistent with
the approved RMP;
2. complies with
974 CMR
2.04(6);
3. submission is complete;
4. consistent with the goals of 974 CMR
5.01;
5. complies with the RDP
general requirements.
(6)
Master Residential Site
Plan. The purpose of MRSP review is to review prototypical site
plans demonstrating locations of dwellings and landscaping on the lots and
locations of driveways.
(a) The MRSP shall
show the following:
1. footprints of all
buildings, with a maximum of two alternative locations for the principal
structure on each lot.
2. existing
street trees and new trees to be planted on the lot.
3. driveways and alleys
4. parking
5. requested waivers
(b) For each dwelling type, the following
shall be submitted:
1. building
elevations
2. materials and colors
to be used on building fafades
3.
an individual, sample site plan showing landscaping, parking, and drives (if
any) for each model (i.e. having unique footprint) of single
family dwellings, two family attached dwelling, and multifamily
buildings.
4. proposed design
guidelines to be applied to the Residential Development to ensure compatibility
with adjacent land uses and sensitivity to visual impacts.
5. Proposed measures to ensure sustainable
development and energy efficiency
(c)
MRSP General
Requirements.
1.
Additional Setback Requirements.
a. No portion of a dwelling unit may be
located closer than 100 feet from the 69 kV power line easement. No buildings
or structures may be located within the 25 foot deep vegetated buffer along the
power line easement.
b. Corner lots
shall comply with the front yard setback requirements for each side of the lot
that is parallel to a street.
c.
Buildings shall be set back 15 feet from the edge of slopes which exceed 15%
and measure in excess of 5000 sq.ft.
2.
Building
Orientation. The front fafade of a dwelling shall face the public
way. Dwellings on corner lots shall face the street on the longer side of the
block.
3.
Housing Types
and Design Criteria.
a.
Single-family, two family attached and Multifamily dwellings are allowed uses.
A minimum of 15% of the total dwelling units in a RD shall be units in
Multifamily dwellings.
b. The
color, size, height, location, proportion of openings, roof treatments,
building materials, massing, landscaping, and lighting shall be compatible with
those of the "Elm/Walnut" area.
c.
Two family attached dwellings shall appear from the street to be single-family
dwellings.
d. Multifamily dwellings
may be attached townhouses or arranged and massed in such a way to appear to be
a single-family dwelling with an attached carriage shed and ells.
4.
Parking and
Driveways.
a. Driveways shall be
shared to the maximum extent feasible. Driveways shall be no wider than 12 feet
measured at the street right of way.
b. Driveways shall be located so as to
provide adequate sight distance for vehicles exiting onto the street.
5.
Landscape
Treatment.
a. At least one tree
exceeding three-inch caliper shall be provided per each 3000 sq. ft. of lot
area, at least one tree exceeding three-inch caliper to be located in the front
yard of each lot.
b. Existing trees
shall be preserved to the maximum extent feasible to meet this requirement; new
trees shall be native species and selected to best fit site considerations and
increase ecological diversity within the area. A preserved specimen tree shall
fulfill the requirement for two three-inch caliper trees.
(d) The DEC shall approve (or
approve with conditions) the MRSP if the Applicant can demonstrate, to the
satisfaction of the DEC, that the MRSP:
1.
meets the requirements of
974 CMR
3.03(2): Review
Criteria;
2. consistent
with the goals of 974 CMR 5.01;
3.
submission is complete;
4. complies
with the approved RMP and RDP;
5.
complies with the MRSP General Requirements.
(e) Upon approval of an RD and prior to
issuance of a building permit, an Applicant shall obtain Level One Development
Plan approval pursuant to
974 CMR
1.04(4): Level One
Development Plan and Level One Lotting Plan approval pursuant to
974 CMR
1.04(3): Level One
Lotting Plan; except that the Applicant need not submit traffic counts
and sight distance data. The Director shall approve a Level One Development
Plan for an RD if the Level One Development Plan is consistent with the
approved MRSP.
(f)
Affordable Unit Design and Location. The exterior of
the affordable units shall be indistinguishable from the exterior of the
market-rate units. Affordable units shall be dispersed throughout the
Residential Development.
(g) Prior
to issuance of a building permit, the Applicant shall submit to the DEC a
proposed deed rider and regulatory agreement (and condominium documents if the
project is a condominium) for review and approval by legal counsel to the
DEC.
(h) Affordable units shall be
affordable in perpetuity or the maximum period allowed by law.