If multifamily housing is listed as a use, but its development is not feasible given the regulations, it is still coded as allowed.

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1 Multi-Family Is multi-family housing allowed by right in any part of the municipality? Issue Overview Multi-family housing comes in a wide variety of forms and sizes. The ways municipalities define and categorize multi-family housing varies widely, as do the use-regulations that govern multi-family housing development. This study includes as multi-family any building with three or more dwelling units, with the exception of townhouses that this study treats in a separate category (single family attached). Multi-family dwelling units can be rental or condominium. They can be in a freestanding residential building or part of a mixed-use building, new construction or conversion of a preexisting building. Zoning documents usually specify what kinds of buildings qualify for conversion to multi-family housing: single family houses, two family houses, mills, schools, churches, municipal buildings or other types of facilities. Freestanding new development is also listed in a range of categories: high-rise apartments, garden apartments, or just multi-family. There are a number of municipalities that technically allow multifamily housing by listing it as a permitted use in the zoning regulations, but where development of multi-family housing in practice is not feasible, for a range of reasons. First, some zoning bylaws/ordinances list a multi-family district, but do not zone it on the map; town meeting or city council would need first to re-zone land before multi-family housing could be developed. Second, some regulations require a parcel size (up to 50 acres) that is larger than could feasibly be assembled in the municipality. Third, the land zoned for multi-family housing is often already built out with multi-family housing to the full capacity that is allowed (so re-development could yield no additional units.) Finally, dimensional restrictions on height, lot area per dwelling unit, etc. could make its development unfeasible. Zoning bylaws/ordinances list multi-family housing either as an as-of-right use or as requiring a special permit. Often, a municipality will allow some multi-family by right and some by special permit, based on the zoning district, intensity of use, and development types. For example, a municipality could allow multi-family by right in the multi-family district and by special permit in the business district; three units by right and 4 8 units by special permit; or conversion of single family dwelling to three family by right and garden apartments by special permit. Unlike a variance which enables a property to be used in a way that is otherwise not allowed, special permits are to be used in a manner expressly authorized by the bylaw/ordinance. While as-of-right uses are allowed uniformly throughout a district, special permits are designed for uses that are generally compatible with a particular zone, but that the municipality would not want to allow as a matter of right in any location in the zone. The special permit mechanism gives municipalities leverage over an applicant approval can be made contingent on an applicant meeting certain conditions. Massachusetts General Law Chapter 40A, Section 9 Special Permits establishes municipal authority to provide special permits: Section 9. Zoning ordinances or by-laws shall provide for specific types of uses which shall only be permitted in specified districts upon the issuance of a special permit. Special permits may be issued only for uses which are in harmony with the general purpose and intent of the ordinance or by-law, and shall be subject to general or specific provisions set forth therein; and such permits may also impose conditions, safeguards and limitations on time or use. Zoning ordinances or by-laws may also provide for special permits authorizing increases in the permissible density of population or intensity of a particular use in a proposed development; provided that the petitioner or applicant shall, as a condition for the grant of said permit, provide certain open space, housing for persons of low or moderate income, traffic or pedestrian improvements, installation of solar energy systems, protection for solar access, or other amenities. Such zoning ordinances or by-laws shall state the specific improvements or amenities or locations of proposed uses for which the special permits shall be granted, and the maximum increases in density of population or intensity of use which may be authorized by such special permits. Research Coding Regulations for multi-family housing can be found in the table of uses, use regulations, cluster and PUD provisions, age-restricted provisions, or in mixed use, adaptive reuse and downtown overlays. Sometimes combined business/dwellings are listed in the table of uses under the business heading, not residential. The as-of-right uses are more frequently located only in the use regulations and use table, while special permit uses are both in the use regulation section and in the overlays and other special regulations. If a municipality includes townhouses in a broader definition of multi-family housing, but in practice only allows townhouses, the answer is coded that the municipality allows multi-family housing. Assisted living facilities, congregate care homes, dormitories and lodging houses are not counted in this study as multi-family housing. If multifamily housing is listed as a use, but its development is not feasible given the regulations, it is still coded as allowed. Page 1 of 479

2 Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Issue Overview Research Coding Abington Is multi-family housing allowed by right in any part of the municipality? Yes Multifamily housing zoned by right in the Central Business District. The intent of the Central Business District as set forth in the Town of Abington Zoning Bylaws, Article III, Section (K), is, "Central Business District, CBD - To allow for the reasonable use, enhancement, expansion and redevelopment of those areas of the Town that are currently developed in a building intensive manner where parking is available on-street as well as in common lots. (See ) [Added ATM by Art. 25]" See Town of Abington Zoning Bylaws, Table of Use Regulations, Section , for the table of permitted uses in each zoning district. Definition of multi-family housing: "A building containing three or more dwelling units constructed on a single lot," as set forth in the Town of Abington Zoning Bylaws, Article II, Section Additionally, the same section defines apartment as, "APARTMENT - A building exclusively for residential use with three or more dwelling units for rent." According to the table of uses, the following Residential Uses are allowed in the following districts BY RIGHT: "Attached dwelling occupied by not more than one family in each unit between side walls, provided that no row of such units shall consist of more than four such units" - in CBD district. "Multi-unit dwellings" - in CBD district. "Conversion of an existing dwelling to accomodate not more than three families, provided that the exterior design of structure is not changed from the character of a single-family unit and further provided that each dwelling unit resulting from such conversion shall comply with section " in CBD, TOD, and TC. Is there multifamily housing zoned by right on AVAILABLE/UNDEVELOPED land in the municipality? According to Dan Crane, Abington Town Planner, (6/29/04) there is available land for multi-family development. Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Yes According to the table of uses, the following Residential Uses are allowed in the following districts BY RIGHT: "Attached dwelling occupied by not more than one family in each unit between side walls, provided that no row of such units shall consist of more than four such units" - in CBD district. "Multi-unit dwellings" - in CBD district. "Conversion of an existing dwelling to accomodate not more than three families, provided that the exterior design of structure is not changed from the character of a single-family unit and further provided that each dwelling unit resulting from such conversion shall comply with section " in CBD, TOD, and TC. The following Residential Uses are allowed in the following districts BY SPECIAL PERMIT: "Attached dwelling occupied by not more than one family in each unit between side walls, provided that no row of such units shall consist of more than four such units" - in R-20, FW, TOD, MUPDD. "Multi-unit dwellings" - R-20, FW, TOD, MUPDD. "Conversion of an existing dwelling to accomodate not more than three families, provided that the exterior design of structure is not changed from the character of a single-family unit and further provided that each dwelling unit resulting from such conversion shall comply with section " in R-20, FW. Page 2 of 479

3 Multifamily housing zoned by right in the Central Business District. The intent of the Central Business District as set forth in the Town of Abington Zoning Bylaws, Article III, Section (K), is, "Central Business District, CBD - To allow for the reasonable use, enhancement, expansion and redevelopment of those areas of the Town that are currently developed in a building intensive manner where parking is available on-street as well as in common lots. (See ) [Added ATM by Art. 25]" Definition of multi-family housing: "A building containing three or more dwelling units constructed on a single lot," as set forth in the Town of Abington Zoning Bylaws, Article II, Section Additionally, the same section defines apartment as, "APARTMENT - A building exclusively for residential use with three or more dwelling units for rent." SPECIAL PERMIT: According to the Town of Abington Zoning Bylaws, there are areas zoned for multifamily use by special permit: H-20 High Density Residential District, the TOD Transit Oriented Business District, and the MUPDD Multiple Use Planned Development District. The only mention of lot sizes in the MUPDD relates to the minimum tract size of 10 acres. The minimum size requirements for apartments are, "[t]he primary apartment unit within an apartment building shall have a minimum interior floor area of 600 square feet; each additional apartment unit shall have a minimum interior floor area of 400 square feet." according to Article VI, Section According to Section , the density requirements for apartments are: "y. For each dwelling unit constructed on a lot/premises, the following minimum land space requirements are required: "(1) First eight units: 10,000 sq. ft./unit. (2) Each additional unit: 5,000 sq. ft./unit. " For the TOD District, governed by Town of Abington Zoning Bylaws, Article, Section (C)(3)(a), the following dimensional requirements apply, "For each dwelling unit constructed on a lot/premises, except those in accordance with C(2), a minimum of 2,500 SF of lot area shall be provided for each unit in addition to the minimum lot area required by Article VI, " Section regarding apartments states the following: "The applicant shall file a request for a special permit with the Board of Appeals. The Zoning Board of Appeals may grant, only after a public hearing with due notice, a special permit for the construction of an attached dwelling, apartment or condominium development, only in the zoning districts indicated in A(4)." From ordinance.com: Attached dwellings, apartments, condominiums. A. Administration: (1) The applicant shall file a request for a special permit with the Board of Appeals. The Zoning Board of Appeals may grant, only after a public hearing with due notice, a special permit for the construction of an attached dwelling, apartment or condominium development, only in the zoning districts indicated in A(4). (2) The applicant shall also simultaneously file a copy of the application with the Planning Board and the Town Clerk. (3) The applicant shall file with the Planning Board and the Zoning Board of Appeals a site plan of the proposed development in accordance with (4) Within 45 days of filing said application, the Planning Board shall evaluate the application and site plan with regard to the conditions and standards set forth in the bylaw and shall submit an advisory report to the Board of Appeals. The Board of Appeals shall not render a decision without considering the report of the Planning Board unless 45 days expire without receipt of such report. B. Minimum lot size. The lot shall have not less than 200 feet of frontage nor contain less than 40,000 square feet of land area. C. Density. For each dwelling unit constructed on a lot/premises, the following minimum land space requirements are required: (1) First eight units: 10,000 sq. ft./unit. (2) Each additional unit: 5,000 sq. ft./unit. D. Dimensional requirements. Any building shall be at least: (1) Sixty feet from any lot line that abuts the proposed development; (2) Sixty feet from any street line; (3) Fifteen feet from any parking area; Page 3 of 479

4 (4) Fifty feet apart in the event a variance for more than one building on a lot is granted by the Zoning Board of Appeals; and (5) Not more than 35 feet in height. E. Building design/placement. Any building shall insure maximum compatibility with surrounding land uses and structures. Where the site adjoins single family residential areas, the Board of Appeals may adjust building heights and side yard requirements in certain portions of the development. There shall be no more than 12 units per building. F. Screening and buffers. See G. Parking. See Article VIII. H. Drainage. See Transit Oriented Development District. A. Purpose and intent. The purpose of this district is to encourage the development of land uses that compliment both the existing commuter rail.line and the established residential areas surrounding the station, by providing for a mix of small uses on well buffered sites to support commuters and adjacent residential development, encourage the continued use of rail service, increase the number of pedestrian and bicycle trips, while decreasing the number of automobile trips within the Town. B. Design considerations. (1) Buildings shall be set close to the street to provide for convenient pedestrian access while also enhancing the visual aspects of the Town. Building facades and streetscapes shall be pedestrian oriented. (2) Parking shall not be located in the front yard area. The number of parking spaces shall be provided according to the requirements contained herein that supersede Article VIII of this Zoning Bylaw. (3) Common access driveways and shared parking facilities shall be provided where possible to minimize traffic problems. (4) Pedestrian connections to adjacent properties and the rail station shall be provided where possible and appropriate as determined by the Planning Board as part of the site plan review process. When multiple uses exist on a lot covered walkways should be provided to protect pedestrians from the weather shall be incorporated into the building design. Benches for public seating should also be provided on the site plan. (5) Landscaping for and architectural elements of the proposed development shall be of high quality and reflect the historical New England character of the Town's Central Business District. Use of street trees and ground level lighting are required. (6) Existing residential development adjacent to uses under this bylaw shall be adequately buffered in accordance with Article X, and of this Bylaw. C. Uses. (1) Mixed-use developments in accordance with the uses identified in , Table of Use Regulations. Residential uses are allowed within the district only as part of a larger, mixed-use development and not as a stand-alone principal use except by special permit from the Planning Board. Residential components may not exceed 25% of the total gross floor area of a proposed development except where the residential use is located on the upper floors of commercial buildings in accordance with C(2). (2) Residential units may be located on the upper floors of commercial buildings as part of a mixed-use development without limitation as to percentage of total gross floor area provided that: (a) The building is connected to the public sewer system. (b) One parking space is provided for each dwelling unit. (c) No units are located on street level or within a basement. (d) There shall be no more than two bedrooms per unit. (e) Units must have a means of egress separate from the commercial use. No access to the units shall be through a commercial establishment. (f) All units must meet the minimum requirements of the building and health codes for habitable space. (3) Residential uses within the TOD District are not subject to the requirements of Article VII, A, B, C, D or E of this Zoning Bylaw. The following supersede those standards. (a) For each dwelling unit constructed on a lot/premises, except those in accordance with C(2), a minimum of 2,500 SF of lot area shall be provided for each unit in addition to the minimum lot area required by Article VI, Page 4 of 479

5 (b) All buildings shall be a minimum of 15 feet from any parking area. (c) All buildings shall be a minimum of 25 feet from any lot line that abuts the proposed development including the street line. (4) No single retail use shall exceed 2,000 SF of total floor area [exclusive of any residential use in accordance with Subsection C(2) above], except by the issuance of a special permit from the Planning Board. (5) The maximum floor area for retail and/or commercial use on a single lot shall not exceed 20,000 SF unless approved as part of a master site development plan approved by special permit by the Planning Board. D. Parking. (1) The number of parking spaces required by Article VIII, of this bylaw for commercial uses may be reduced by up to 50% without the requirement for a special permit provided that the requirements of B and C are met. (2) One ten-unit bicycle rack shall be provided for each proposed use. The racks shall be sheltered from the weather and conveniently located. Acton Is multi-family housing allowed by right in any part of the municipality? Yes The answer is based on the following section of Acton's June 19, 2004 ACTON COMMUNITY DEVELOPMENT PLAN: "Acton has one of the most innovative, thoughtfully conceived zoning bylaws in Massachusetts. The town encourages a variety of residential uses, including density incentives by special permit for clustered residential development, senior housing and provision of affordable housing. Acton also allows accessory dwellings by right in all residential districts, multi-family housing by right in four zoning districts and by special permit in two zoning districts, and single-family to multi-family conversions by special permit in all residential and village districts." (p. 8) From the Code of The Town of Acton MIDDLESEX COUNTY, MASSACHUSETTS ZONING BY-LAW Amended through January 2001 SECTION 3. TABLE OF PRINCIPAL USES, PRINCIPAL USE DEFINITIONS AND ACCESSORY USE REGULATIONS 3.1 Provisions for Table of PRINCIPAL USES and PRINCIPAL USE Definitions A USE is permitted by right in any district under which it is denoted by the letter "Y". A USE is prohibited in any district under which it is denoted by the letter "N". A USE denoted by the letters "SPA" may be permitted by special permit from the Board of Appeals. A USE denoted by the letters "SPP" may be permitted by special permit from the Planning Board. A USE denoted by the letters "SPS" may be permitted by special permit from the Board of Selectmen. This answer is confirmed in the "TABLE OF PRINCIPAL USES" which shows Multifamily Dwelling: Y = R-AA, SAV, WAV SPS = R-A SPA = VR Using Transfer of Development Rights (TDR), multifamily dwellings are allowed in EAV and NAV. Two-Family Dwelling: Y = R-A, R-AA, VR, SAV, and WAV DEFINITION: Multifamily Dwelling - A BUILDING for residential USE, other than a dwelling conversion, containing more than two DWELLING UNITS. A BUILDING or STRUCTURE, housing an ACCESSORY USE to a multifamily dwelling USE, owned and operated by the owner or the residents of a multifamily dwelling USE located on the same LOT or on an adjacent LOT, such as building and grounds maintenance facilities, wastewater disposal facilities, recreation facilities, or club houses. 3.5 Business USES Page 5 of 479

6 3.5.6 Combined Business and Dwelling - A LOT used for business USES and for not more than four DWELLING UNITS. Business USES and DWELLING UNITS may be in the same BUILDING or in separate BUILDINGS. In the EAV District, the limit of four DWELLING UNITS shall not apply provided that the DWELLING UNITS are in the same BUILDING as business USES, or that not more than four DWELLING UNITS are within a multifamily dwelling. In the NAV District the limit of four DWELLING UNITS shall not apply where dwelling units are created through the application of Sections 5.4 and 5:5. In response to the question "is there multifamily housing zoned by right on AVAILABLE/UNDEVELOPED land in the municipality?" Kristin Alexander, Assistant Town Planner wrote in an on 7/26/04: "There are a handful of vacant parcels still available in Acton where multifamily housing is zoned by right (in the village zoning districts). The handful of vacant parcels still available, however, probably could not reach full development potential because of other constraints such as wetlands and wetlands setbacks." From the Code of The Town of Acton MIDDLESEX COUNTY, MASSACHUSETTS ZONING BY-LAW Amended through January 2001 SECTION 3. TABLE OF PRINCIPAL USES, PRINCIPAL USE DEFINITIONS AND ACCESSORY USE REGULATIONS 3.1 Provisions for Table of PRINCIPAL USES and PRINCIPAL USE Definitions TABLE OF PRINCIPAL USES SECTION 5 DIMENSIONAL REGULATIONS TABLE OF STANDARD DIMENSIONAL REGULATIONS Residence A District, Residence AA District and Multifamily Dwellings: In the R-A District, residential USES may be established at a density of up to five DWELLING UNITS per acre, subject to the standards set forth in the Table of Standard Dimensional Regulations. If such USES are established as single FAMILY DWELLING UNITS, the standards set forth in the Table of Standard Dimensional Regulations may be reduced provided that the following alternative standards are met: a) Minimum LOT area: 8,000 square feet; b) Minimum LOT FRONTAGE: 50 feet; c) Minimum Front Yard: 15 feet; d) All other dimensional regulations: as set forth for the R-2 District In the R-AA District, residential USES may be established at a density of up to fifteen DWELLING UNITS per acre, subject to the standards set forth in the Table of Standard Dimensional Regulations In all other districts, the following dimensional regulations must be met or maintained for any LOT used for five or more multifamily dwellings which were in existence prior to June 1, 1983: a) Minimum LOT area: the greater of either 80,000 square feet; or 4,500 square feet per one bedroom DWELLING UNIT plus 3,000 square feet for each additional bedroom per DWELLING UNIT; b) Minimum FRONTAGE: 200 feet; c) Minimum LOT width: 200 feet; d) Minimum front yard: 30 feet; e) Minimum side and rear yards: 30 feet. No changes may be made to the boundaries of any such LOT, or to the boundaries of any land adjoining such LOT which is held in common ownership, until the above requirements have been met for each multifamily dwelling, unless such changes bring the multifamily dwelling more nearly into compliance with these standards. Researcher notes on density allowed for multifamily housing: District R-AA VILLAGE RESIDENTIAL: Minimum Lot Area: 10,000 sq ft WEST ACTON VILLAGE WAV District: No specific minimum or maximum regulation SOUTH ACTON VILLAGE SAV District: No specific minimum or maximum regulation; (2) Not more than four DWELLING UNITS shall be permitted per multifamily dwelling. At least one of the DWELLING UNITS shall be occupied by the owner of the property. For purposes of this footnote, the owner shall be defined as one or more individuals residing in a DWELLING UNIT who hold legal or beneficial title and for whom the DWELLING UNIT is the primary residence for voting and tax purposes. In the VR District a Site Plan Special Permit shall not be required. Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Page 6 of 479

7 Yes Acton's June 19, 2004 ACTON COMMUNITY DEVELOPMENT PLAN: "Acton has one of the most innovative, thoughtfully conceived zoning bylaws in Massachusetts. The town encourages a variety of residential uses, including density incentives by special permit for clustered residential development, senior housing and provision of affordable housing. Acton also allows accessory dwellings by right in all residential districts, multi-family housing by right in four zoning districts and by special permit in two zoning districts, and single-family to multi-family conversions by special permit in all residential and village districts." (p. 8) From the Code of The Town of Acton MIDDLESEX COUNTY, MASSACHUSETTS ZONING BY-LAW Amended through January 2001 SECTION 3. TABLE OF PRINCIPAL USES, PRINCIPAL USE DEFINITIONS AND ACCESSORY USE REGULATIONS 3.1 Provisions for Table of PRINCIPAL USES and PRINCIPAL USE Definitions A USE is permitted by right in any district under which it is denoted by the letter "Y". A USE is prohibited in any district under which it is denoted by the letter "N". A USE denoted by the letters "SPA" may be permitted by special permit from the Board of Appeals. A USE denoted by the letters "SPP" may be permitted by special permit from the Planning Board. A USE denoted by the letters "SPS" may be permitted by special permit from the Board of Selectmen. This answer is confirmed in the "TABLE OF PRINCIPAL USES" which shows Multifamily Dwelling: Y = R-AA, SAV, WAV SPS = R-A SPA = VR Using Transfer of Development Rights (TDR), multifamily dwellings are allowed in EAV and NAV. Two-Family Dwelling: Y = R-A, R-AA, VR, SAV, and WAV DEFINITION: Multifamily Dwelling - A BUILDING for residential USE, other than a dwelling conversion, containing more than two DWELLING UNITS. A BUILDING or STRUCTURE, housing an ACCESSORY USE to a multifamily dwelling USE, owned and operated by the owner or the residents of a multifamily dwelling USE located on the same LOT or on an adjacent LOT, such as building and grounds maintenance facilities, wastewater disposal facilities, recreation facilities, or club houses. 3.5 Business USES Combined Business and Dwelling - A LOT used for business USES and for not more than four DWELLING UNITS. Business USES and DWELLING UNITS may be in the same BUILDING or in separate BUILDINGS. In the EAV District, the limit of four DWELLING UNITS shall not apply provided that the DWELLING UNITS are in the same BUILDING as business USES, or that not more than four DWELLING UNITS are within a multifamily dwelling. In the NAV District the limit of four DWELLING UNITS shall not apply where dwelling units are created through the application of Sections 5.4 and 5:5. In response to the question "is there multifamily housing zoned by right on AVAILABLE/UNDEVELOPED land in the municipality?" Kristin Alexander, Assistant Town Planner wrote in an on 7/26/04: "There are a handful of vacant parcels still available in Acton where multifamily housing is zoned by right (in the village zoning districts). The handful of vacant parcels still available, however, probably could not reach full development potential because of other constraints such as wetlands and wetlands setbacks." From the Code of The Town of Acton MIDDLESEX COUNTY, MASSACHUSETTS ZONING BY-LAW Amended through January 2001 SECTION 3. TABLE OF PRINCIPAL USES, PRINCIPAL USE DEFINITIONS AND ACCESSORY USE REGULATIONS 3.1 Provisions for Table of PRINCIPAL USES and PRINCIPAL USE Definitions TABLE OF PRINCIPAL USES Page 7 of 479

8 SECTION 5 DIMENSIONAL REGULATIONS TABLE OF STANDARD DIMENSIONAL REGULATIONS Residence A District, Residence AA District and Multifamily Dwellings: In the R-A District, residential USES may be established at a density of up to five DWELLING UNITS per acre, subject to the standards set forth in the Table of Standard Dimensional Regulations. If such USES are established as single FAMILY DWELLING UNITS, the standards set forth in the Table of Standard Dimensional Regulations may be reduced provided that the following alternative standards are met: a) Minimum LOT area: 8,000 square feet; b) Minimum LOT FRONTAGE: 50 feet; c) Minimum Front Yard: 15 feet; d) All other dimensional regulations: as set forth for the R-2 District In the R-AA District, residential USES may be established at a density of up to fifteen DWELLING UNITS per acre, subject to the standards set forth in the Table of Standard Dimensional Regulations In all other districts, the following dimensional regulations must be met or maintained for any LOT used for five or more multifamily dwellings which were in existence prior to June 1, 1983: a) Minimum LOT area: the greater of either 80,000 square feet; or 4,500 square feet per one bedroom DWELLING UNIT plus 3,000 square feet for each additional bedroom per DWELLING UNIT; b) Minimum FRONTAGE: 200 feet; c) Minimum LOT width: 200 feet; d) Minimum front yard: 30 feet; e) Minimum side and rear yards: 30 feet. No changes may be made to the boundaries of any such LOT, or to the boundaries of any land adjoining such LOT which is held in common ownership, until the above requirements have been met for each multifamily dwelling, unless such changes bring the multifamily dwelling more nearly into compliance with these standards. Researcher notes on density allowed for multifamily housing: District R-AA VILLAGE RESIDENTIAL: Minimum Lot Area: 10,000 sq ft WEST ACTON VILLAGE WAV District: No specific minimum or maximum regulation SOUTH ACTON VILLAGE SAV District: No specific minimum or maximum regulation; (2) Not more than four DWELLING UNITS shall be permitted per multifamily dwelling. At least one of the DWELLING UNITS shall be occupied by the owner of the property. For purposes of this footnote, the owner shall be defined as one or more individuals residing in a DWELLING UNIT who hold legal or beneficial title and for whom the DWELLING UNIT is the primary residence for voting and tax purposes. In the VR District a Site Plan Special Permit shall not be required. From the Code of The Town of Acton MIDDLESEX COUNTY, MASSACHUSETTS ZONING BY-LAW Amended through January Residence A District, Residence AA District and Multifamily Dwellings: In the R-A District, residential USES may be established at a density of up to five DWELLING UNITS per acre, subject to the standards set forth in the Table of Standard Dimensional Regulations. If such USES are established as single FAMILY DWELLING UNITS, the standards set forth in the Table of Standard Dimensional Regulations may be reduced provided that the following alternative standards are met: a) Minimum LOT area: 8,000 square feet; b) Minimum LOT FRONTAGE: 50 feet; c) Minimum Front Yard: 15 feet; d) All other dimensional regulations: as set forth for the R-2 District In the R-AA District, residential USES may be established at a density of up to fifteen DWELLING UNITS per acre, subject to the standards set forth in the Table of Standard Dimensional Regulations In all other districts, the following dimensional regulations must be met or maintained for any LOT used for five or more multifamily dwellings which were in existence prior to June 1, 1983: a) Minimum LOT area: the greater of either 80,000 square feet; or 4,500 square feet per one bedroom DWELLING UNIT plus 3,000 square feet for each additional bedroom per DWELLING UNIT; b) Minimum FRONTAGE: 200 feet; c) Minimum LOT width: 200 feet; d) Minimum front yard: 30 feet; e) Minimum side and rear yards: 30 feet. No changes may be made to the boundaries of any such LOT, or to the boundaries of any land adjoining such LOT which is held in common ownership, until the above requirements have been met for each multifamily dwelling, unless such changes bring the multifamily dwelling more nearly into compliance with these standards. Page 8 of 479

9 Notes on density allowed for multifamily by special permit: R-A RESIDENCE AA District: Minimum Lot Area: 8,000 sq ft Max density of 5 dwelling units per acre VR VILLAGE DISTRICTS: Minimum Lot Area: 5,000 From the Code of The Town of Acton MIDDLESEX COUNTY, MASSACHUSETTS ZONING BY-LAW Amended through January 2001 SECTION 5 DIMENSIONAL REGULATIONS Nursing Homes in the Residential Districts Nursing Homes in the R-2, RA R-8, R-8/4, R-10, R-10/8 and VR Districts shall be built according to the following dimensional standards: minimum LOT area - 100,000 sq. ft minimum LOT FRONTAGE feet; minimum LOT width feet; minimum front, side and rear yards - 60 feet; minimum setback of pavement areas other than ACCESS driveways from the front LOT line - 45 feet; minimum setback of pavement areas from the side and rear LOT lines - 60 feet; minimum OPEN SPACE - 35 percent; maximum FLOOR AREA RATIO ; maximum height of STRUCTURES - 36 feet; number of stories above finished ground level Nursing Homes on LOTS in the R-A and R-AA Districts shall be built according to the standards set forth in the Table of Standard Dimensional Regulations and the maximum FLOOR AREA RATIO on such LOTS shall not exceed Child Care Facilities in Residential Districts - In addition to the standards set forth in the Table of Standard Dimensional Regulations, the following standards shall apply to child care facilities located in Residential Districts: Minimum OPEN SPACE not including outdoor play areas - 35 percent; Maximum FLOOR AREA RATIO ; Maximum NET FLOOR AREA square feet Full Service Retirement Communities: Full Service Retirement Communities in the R-2, RA R-8, R-8/4, R-10, R-10/8 and VR Districts shall be built according to the following dimensional standards: minimum LOT area - 100,000 sq. ft.; minimum LOT FRONTAGE feet; minimum LOT width feet; minimum front yard - 45 feet; minimum side and rear yard for BUILDINGS - 20 feet; containing one or two DWELLING UNITS minimum side and rear yard for all other BUILDINGS 60 feet; minimum setback of pavement areas other than - 45 feet; ACCESS driveways and walk ways from the front LOT line minimum setback of pavement areas, other than - 60 feet; walkways, from the side and rear LOT lines minimum separation of BUILDINGS within the LOT - 20 feet; minimum OPEN SPACE - 35 percent; maximum FLOOR AREA RATIO ; maximum height of STRUCTURES - 36 feet. Maximum total NET FLOOR AREA occupied by allowed - the smaller of 10,000 sq. Business USES such as Retail Store, Restaurant, ft. or 10% of the total and Services NET Services FLOOR AREA in the full service retirement community Full Service Retirement Communities in all other Zoning Districts shall be built according to the dimensional standards set forth in Section 5 and the Table of Standard Dimensional Regulations except that the Minimum Side and Rear Yard for BUILDINGS containing one or two DWELLING UNITS shall be the lesser of 20 feet or the dimension required in the Table of Standard Dimensional Regulations; the Minimum OPEN SPACE shall be the lesser of 35% or the percentage set forth in the Table of Standard Dimensional Regulations; the Maximum FLOOR AREA RATIO shall be the greater of 0.30 or the FLOOR AREA RATIO set forth in the Table of Standard Dimensional Regulations; and the limit on the number of DWELLING UNITS in the R-A and R-AA Districts shall not apply Assisted Living Residences in Residential Districts - In Residential Districts Assisted Living Residences with more than 10 residents shall be subject to the same dimensional standards as Nursing Homes in Residential Districts. SECTION 9B SENIOR RESIDENCE 9B.1 Purpose The purpose of SENIOR Residence is to enhance the public welfare by: a) encouraging the development of choices of independent living accommodations for SENIORS in general; b) encouraging the development of housing that is suitable for SENIORS with disabilities; c) encouraging the development of affordable housing for SENIORS with low and moderate income; While: d) protecting Acton's New England character by development of land in clusters and villages, which is in greater harmony with Acton's historic development patterns and less demanding on its natural resources; e) preserving land for conservation, open space, recreation, agriculture and forestry; f) preserving significant land and water resources, natural areas, scenic vistas, and historic or archeological sites; g) reducing the typical costs of providing municipal services to residential developments. 9B.2 Special Permit The Planning Board may grant special permits for the development and construction of a SENIOR Residence development in the R-2, R-4, R-8, R-8/4, and R-10/8 Districts in accordance with this Section and MGL, Ch. 40A, s.9. Page 9 of 479

10 9B.2.1 Application for a Special Permit - Any person who desires a SENIOR Residence Special Permit shall submit a written application with a site plan that meets the requirements set forth herein and in the Rules and Regulations for SENIOR Residence special permits. 9B.2.2 Subdivision - If a SENIOR Residence development requires approval under the Subdivision Control Law, MGL, Ch. 41, the application shall contain a definitive subdivision plan as required by the Acton Subdivision Rules and Regulations. The applications for a SENIOR Residence special permit and a definitive subdivision approval plan shall be filed concurrently. To the extent permitted by law, the Planning Board shall consider both applications at the same time. 9B.3 Planning Board Action In evaluating a proposed SENIOR Residence development, the Planning Board shall consider the general objectives of this bylaw and of this section 9B in particular; the existing and probable future development of surrounding areas; and the appropriateness of the proposed site plan in relation to the topography, soils and other characteristics and resources of the TRACT OF LAND in question. The Planning Board may grant a special permit for a SENIOR Residence development if it finds that it: a) protects and enhances Acton's New England character, its environmental and historic resources, and scenic vistas; b) provides Common Land that benefits the residents of the Town and the SENIOR Residence development; c) provides quality housing for SENIORS with a range of incomes and physical abilities; d) provides for the safety of vehicular movement, and for the safety and convenience of pedestrians in a manner that is compatible with Acton's New England character and the needs of SENIORS; e) is consistent with the Acton Master Plan as amended; f) is in harmony with the purpose and intent of this bylaw; g) will not be detrimental or injurious to the neighborhood in which it is to take place; h) is appropriate for the site in question; i) complies with the applicable requirements of the bylaw; and j) meets the purpose of this section 9B. The Planning Board may require changes to the SENIOR Residence site plan and impose additional conditions, safeguards and limitations as it deems necessary to secure the objectives of this bylaw. 9B.4 Allowed USES Only the following USES shall be allowed in a SENIOR Residence development: 9B.4.1 Single FAMILY dwellings. 9B.4.2 Single FAMILY dwellings with one apartment. 9B.4.3 Multifamily dwellings. 9B.4.4 ACCESSORY USES typically associated with residential USES. 9B.4.5 Support services to meet SENIORS' needs, such as skilled nursing service, medical and other health service, recreation and leisure facilities, a community center, or food service. 9B.4.6 Convenience services intended primarily for its residents, such as Retail Stores, Banks, Restaurants, and Services provided that not more than 10% of the total NET FLOOR AREA of the development is dedicated to such uses. 9B.4.7 Allowed USES on the Common Land as set forth herein. 9B.5 Dimensional Regulations A SENIOR Residence development shall comply with the following dimensional regulations for the area of the TRACT OF LAND, density, BUILDINGS, and STRUCTURES: 9B.5.1 Minimum TRACT OF LAND area: 8 acres. For the purpose of this section, the Planning Board may consider LOTS on directly opposite sides of a STREET as a single TRACT OF LAND. 9B.5.2 Maximum density: 4 DWELLING UNITS per acre in the R-2 District, and 3 DWELLING UNITS per acre in the R-4, R-8, R-8/4, and R-10/8 Districts, based on the total development site including the Common Land. 9B.5.3 Minimum setbacks for BUILDINGS and STRUCTURES: 45 feet from any existing STREET; 15 feet from a STREET, way or common drive within the site; 30 feet from any lot line and the Common Land boundary. 9B.5.4 Minimum separation of BUILDINGS: 20 feet. 9B.5.5 Maximum height of BUILDINGS and STRUCTURES: 36 feet. 9B.5.6 Maximum number of DWELLING UNITS per BUILDING: 4. 9B.5.7 Maximum horizontal dimension of a BUILDING: 200 feet. 9B.5.8 Each DWELLING UNIT shall have at least two separate exterior entrances at ground level SENIOR : An individual who is 55 years of age or older Page 10 of 479

11 According to the table of principal uses, "dwelling conversions" are allowed by special permit from the board of appeals in R2, R-4, R-8, R-8/4, R-10, R-10/8, R-A, R-AA, VR, EAV, EAV-2, NAV, SAV, WAV, KC, LB Dwelling Conversions - A single FAMILY dwelling or other residential BUILDING in existence prior to April 1, 1971 with less than four DWELLING UNITS. may be altered and used for not more than four DWELLING UNITS if the LOT on which the BUILDING is located contains not less than 10,000 square feet per DWELLING UNIT and if one of the units occupied by the owner of the property. In the R-A, R-AA, VR,. SAV, WAV, NAV, EAV and KC Districts the preceding requirement that the LOT on which the BUILDING is located shall contain not less than 10,000 square feet per DWELLING UNIT shall not apply. Amesbury Is multi-family housing allowed by right in any part of the municipality? Yes "Dwelling, Multifamily: A building containing three or more dwelling units." (Bylaw, Section II, Definitions) "L. Planned Unit Development (PUD) Districts: 1. Permitted Uses: In Planned Unit Development (PUD) Districts shown on the Zoning Map, the following uses are permitted as of right: a. Multi-family dwellings and attached dwellings of all types; provided, however, that except for preexisting buildings or structures on a lot, all multifamily dwellings and attached dwelling units shall be limited to four (4) dwelling units for each building or structure b. All other uses, including mixed uses, permitted in Section V.D., Table of Use Regulations. 2. Applicability of Section XI: In addition to special conditions set forth in other sections of this Bylaw, in Planned Unit Development (PUD) Districts shown on the Zoning Map, only the provisions of Section X.B, C., G., H.16, H.18, and H.19 shall be applicable." Amesbury Zoning Bylaw and Map, Adopeted April 12, 1071 with Revisions Throught October 14, Section XI.L Mixed Use: For the purposes of this Bylaw mixed use shall apply to those developments that are a combination of commercial and residential uses in the same structure. According to table of uses: Conversion of one family dwelling unts to 2 or 3 family dwelling units - by special permit from board of appeals in R-8, r-20; By right in ESOD. Cluster residential - by special permit from planning board in R-8, R-20, R-40, R-80, IL; by right in RC. Multifamily - by special permit from planning board in CBD, IC (with site plan review) In law apartment - by special permit from board of appeals in R-8, R-20, R-40, R-80, RC, CBD. "Planned Unit Development by special permit" - by special permit from planning board in CBD, IC (Site plan review required) "Planned Unit Development" - by right in PUD (site plan required) According to the municipal planner, is there multifamily housing zoned by right on AVAILABLE/UNDEVELOPED land in the municipality? According to Amesbury Town Planner Nipun Jain, "yes, there is, and there is currently a proposal for it. PUD district development Page 11 of 479

12 requires site plan approval" ( communication, 1/06/05) "7. The gross floor area in a multifamily dwelling shall not be less than 450 square feet for one bedroom dwelling units, 600 square feet for two bedroom units, and 768 square feet for three bedroom or larger units." (Bylaws, Section VI.F.7) Footnotes relating to PUDs in Table of Dinemsional and Density Regulations. 2. In the Planned Unit Development (PUD) Districts shown on the Zoning Map the minimum lot area required by Section VI, Table of Dimensional and Density Regulations may be satisfied by combining lots in such districts in common ownership on separate parcels, separated by existing public or private ways, up to but not exceeding the minimum lot area required in a PUD district shown on the Zoning Map, provided, however, that any such separate lot or portion of a lot used in satisfying the minimum lot area requirement is within 300 feet of the property line of the largest lot used to calculate the minimum lot area and furtherprovided that existing public and private ways need not constitute boundaries of a lot for purposes of calculating minimum lot area. 3. Where a PUD abuts a residential zone the side yard setback shall be 50 feet. 4. In Planned Unit Development (PUD) Districts where the building area of preexisting structures or buildings on a lot exceeds 35% of lot area, the allowable maximum building area shall be increased by 10% of the building area of such preexisting structures or buildings, up to a maximum of 40%. 5. The required minimum open space for the PUD District shall be subject to all the requirements set forth for usable open space, Section XI.H.16 of this Bylaw." Amesbury Zoning Bylaw and Map, Adopeted April 12, 1071 with Revisions Throught October 14, Section V. Use Regulations Minimum lot area: 5 acres Maximum building area: 35% Minimum Open Space: 30% Is multi-family housing allowed, either by right or special permit (including through overlays or cluster zoning)? Yes "Dwelling, Multifamily: A building containing three or more dwelling units." (Bylaw, Section II, Definitions) "L. Planned Unit Development (PUD) Districts: 1. Permitted Uses: In Planned Unit Development (PUD) Districts shown on the Zoning Map, the following uses are permitted as of right: a. Multi-family dwellings and attached dwellings of all types; provided, however, that except for preexisting buildings or structures on a lot, all multifamily dwellings and attached dwelling units shall be limited to four (4) dwelling units for each building or structure b. All other uses, including mixed uses, permitted in Section V.D., Table of Use Regulations. 2. Applicability of Section XI: In addition to special conditions set forth in other sections of this Bylaw, in Planned Unit Development (PUD) Districts shown on the Zoning Map, only the provisions of Section X.B, C., G., H.16, H.18, and H.19 shall be applicable." Amesbury Zoning Bylaw and Map, Adopeted April 12, 1071 with Revisions Throught October 14, Section XI.L Mixed Use: For the purposes of this Bylaw mixed use shall apply to those developments that are a combination of commercial and residential uses in the same structure. According to table of uses: Conversion of one family dwelling unts to 2 or 3 family dwelling units - by special permit from board of appeals in R-8, r-20; By right in ESOD. Cluster residential - by special permit from planning board in R-8, R-20, R-40, R-80, IL; by right in RC. Page 12 of 479

13 Multifamily - by special permit from planning board in CBD, IC (with site plan review) In law apartment - by special permit from board of appeals in R-8, R-20, R-40, R-80, RC, CBD. "Planned Unit Development by special permit" - by special permit from planning board in CBD, IC (Site plan review required) "Planned Unit Development" - by right in PUD (site plan required) Elm Street Overlay District (ESOD), Residence 8 and Residence 20: Conversions from 1 or 3 to 3 units allowed by Special Permit of the Planning Board. In Central Buisiness District (CBD)and Central Industrial District (IC), Multifamily allowed by Special Permit of the Planning Board. Also in CBD and IC, Planned Unit Developments, including apartment units, allowed by Special Permit. Site Plan review required. Cluster Residential includes multifamily up to 4 units per structure. Allowed by Special permit in R-8, R-20, R-40, R-80, and Rural Cluster. "XI. H. Planned Unit Development (PUD) by Special Permit: 1. Authority to Grant Permits: The Planning Board may grant a special permit for the construction of a Planned Unit Development (PUD) in the following districts: Central Business District and Central Industrial District. The special permit shall conform to this title and to Chapter 40A, Section 9, General Laws, and to regulations which the Planning Board shall adopt for carrying out its requirements under this title. 2. Applicability: The requirements of Section XI.H shall apply only to applications for special permits for PUD, provided, however, that Section XI.H.16, XI.H.18 and XI.H.19 shall apply to Planned Unit Development (PUD) Districts shown on the Zoning Map. Planned Unit Development (PUD) Districts shown on the Zoning Map shall conform in all respects to any other pertinent sections of the Zoning Bylaw. 3. Purpose: The purpose of the PUD special permit is to provide a mixture of land usage within the Town with the possibility of greater density and intensity than would normally be allowed provided that the land usage can be shown to be in the public good and a) will improve and/or reinforce the liveability and aesthetic qualities of the surrounding neighborhood and/or environment; b) is consistent with the objectives of this Bylaw; c) promotes the development of housing in Amesbury; and d) preserve, promote and encourage use of public and private open space. I. Pre-application Conference [...] 5. Preliminary Plan Submittal [...] 6. Preliminary Plan Contents [... ] 7. Final Plan Submittal [... ] 8. Final Plan Contents [... ] 9. Final Plan - Planning Board Considerations [... ] 10. Denial of Special Permit [... ] 11. Term of Special Permit [... ] 12. Changes from Recorded Plan [... ] 13. Conditions for Approval [... ] 14. Permitted Uses: In the PUD, the following uses are permitted: a. Residential: apartments in existing buildings only and only on floors above the ground floor; residential uses on the same floor as a commercial use are prohibited: the ground floor shall be devoted to permitted business uses. b. Attached dwelling units shall not exceed four units per structure. c. Business: restaurants, excluding fastfood restaurants; theaters; general retail sales and services, excluding medical and dental laboratories or centers. d. Expansion of buildings or rehabilitation of existing interiors: 1. Special permits can be granted to PUD projects that are essentially an expansion of the existing building; and if the project meets all parking and Site Plan criteria required by the Planning Board. 2. Special permits can be granted to PUD projects that are essentially a major renovation of an existing building if the major renovation involves 80% of the gross floor area, excluding basements, and if the project meets all parking and Site Plan criteria that may be required by the Planning Board. 15. Site Area: For new construction and expansion, a minimum lot size shall be 25,000 square feet. All portions of the project area must be zoned as Central Business District, or Central Industrial District, or a combination of both. 16. Usable Open Space: a. Usable open space shall be defined as a part or parts of land or structure with a PUD which are reserved for permanent active or passive recreation use. This space shall exclude parking areas, but include required setbacks, waterways, walkway, and be open and unobstructed to the sky. Trees, planting, arbors, flagpoles, sculpture, fountains, swimming pools, atriums, open-air recreation facilities, and similar objects shall not be considered "obstructions." b. In all PUDs that are new construction, at least 30% of the land shall be set aside as permanent usable open space, for the use of the PUD occupants, or for the community. The required open space may be conveyed to the Amesbury Conservation Commission, to a nonprofit conservation organization, or to a corporation or trust representing the ownership of the PUD and shall be protected by the conservation restriction as required in Chapter 40A, Section 9, General Laws, for common open space in cluster developments. A covenant shall be placed on the land such that no part of the PUD can be built, sold or occupied until such time as a satisfactory written agreement has been executed for protection of the open space. c. Open space requirements do not apply for PUD projects which are expansions of existing buildings or are major internal renovations. It shall be the objective of this section in cases where private open space has been traditionally utilized by the public; and where the public has been allowed the use of the area as open space, that said open space should not be included as part of the building expansion and is subject under this section of the Bylaw. 17. Setback Requirements [... ] 18. Height [... ] 19. Off-Street Parking [... ]" "L. Planned Unit Development (PUD) Districts: d. The use must be carried on strictly within the principal building. 1. Permitted Uses: In Planned Unit Development (PUD) Districts shown on the Zoning Map, the following uses are permitted as of right: a. Multi-family dwellings and attached dwellings of all types; provided, however, that except for preexisting buildings or structures on a lot, all multifamily dwellings and attached dwelling units shall be limited Page 13 of 479