SECTION 8.0 SPECIAL RESIDENTIAL REGULATIONS

8.1 ACCESSORY DWELLING UNITS

8.1.1 Purpose.

1. To provide for housing options that reduce maintenance costs and are more Affordable than traditional single-family dwellings;

2. To provide a mechanism for development of a range of housing types that are responsive to the sociocultural, health care, and recreational need of residents;

3. To use energy, water, and materials more efficiently by increasing the housing supply through concentrated, small-scale development;

4. To establish residential development standards and procedures that will support these objectives; and

5. To facilitate housing production, diversity, and affordability in the Town’s neighborhoods.

8.1.2 Limitations on Use. One Accessory Dwelling Unit (ADU) shall be allowed as-of- right in all zoning districts in which single-family homes ae allowed as-of-right, subject to the following restrictions: A. The ADU maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress; B. The Lot contains a minimum of 5,000 square feet of area; C. The ADU is not larger in gross floor area than one half (1/2) the gross floor area of the principal dwelling or 900 square feet, whichever is smaller; D. The ADU is subject to the same dimensional setbacks as the primary residence, as provided in Section 4.0 of this Zoning By-Law; E. No ADU shall be constructed without issuance of a building permit by the Building Commissioner; and F. No use of an accessory dwelling unit shall be permitted prior to issuance of a certificate of occupancy by the Building Commissioner. A certificate of occupancy shall be issued after the Building Commissioner determines that the accessory dwelling unit as constructed is in conformity with the approved plans and with the provisions of this by-law.

8.1.3 Not Used.

8.1.4 Exterior Appearance of a Dwelling with an ADU. The ADU shall be designed so that the appearance of the structure remains that of a single-family dwelling, subject further to the following requirements:

-88- A. All stairways to second or third stories shall be enclosed within the exterior walls of the dwelling; B. Any new, additional entrance to an existing dwelling shall be located on the side or in the rear of the dwelling; and C. Where there are two (2) or more existing entrances on the front façade of a dwelling, if modifications are made to any entrance, the result shall be that one (1) appears to be the principal entrance and other entrances appear to be secondary.

8.1.5 Dimensional Requirements. Accessory Dwelling Units shall be subject to all Applicable dimensional requirements in Section 4.0 of the Town of Canton Zoning By- Laws.

8.1.6 Parking. A. There shall be a minimum of one (1) off-street parking space per ADU in addition to the parking spaces that are required by the underlying zoning district for the single-family residence; B. No additional parking spaces over and above that of the underlying zoning district shall be required if the ADU is located within 0.5 miles from a commuter rail station, subway station, ferry terminal, or bus station.

C. A single driveway shall serve both the single-family residential structure and the ADU, provided that a detached ADU may have a separate parking area.

8.1.7 Severability. If any provision of this Section 8.1 Accessory Dwelling Units is found to be invalid by a court of competent jurisdiction, the remainder of Section 8.1 shall not be affected but shall remain in full force. The invalidity of any provision of this Section shall not affect the validity of the remainder of the Town of Canton’s Zoning By-Law.

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8.2 MULTIFAMILY DWELLINGS

8.2.1 General. Multifamily dwellings authorized by special permit by the Zoning Board of Appeals are subject to the following requirements. This section does not apply to multifamily dwellings permitted as-of-right.

8.2.2 Requirements.

1. Such dwelling is located on a lot having an area larger than the minimum hereafter required for the construction of a single-family house in the same district by an additional four thousand five hundred (4,500) square feet for each family in excess of one accommodated therein;

2. The lot has a total area of not less than two hundred seventeen thousand eight hundred (217,800) square feet

3. The lot has a minimum frontage of one hundred fifty (150) feet and at least two (2) separate means of ingress/egress. In instances where frontage is not continuous, each means of ingress/egress shall have a continuous frontage of not less than seventy-five (75) linear feet.

4. For premises containing more than four (4) dwelling units, in consideration of the increases in the otherwise permissible density of population or intensity of a particular use authorized pursuant to this Section 8.2, at least ten percent (10%) of the dwelling units, in no case less than one (1) unit, shall be deed restricted in perpetuity as "Affordable Units" as defined in the applicable regulations of the Department of Housing and Community Development.

5. Notwithstanding the prior subsections of this by-law, the Board of Appeals may, in a specific case, issue a special permit for a multifamily dwelling on a lot with a total area less than two hundred seventeen thousand eight hundred (217,800) square feet provided (a) such lot already has a dwelling or commercial building on it to be razed and replaced, and (b) the lot has an area larger than the minimum required for the construction of a single family house in the same district by an additional seven thousand (7,000) square feet for each family in excess of one accommodated thereon; and (c) the lot has a minimum frontage of seventy-five (75) feet.

6. In computing the size of the parcel all wetlands and flood plain areas shall be excluded.

7. No multi-family dwelling shall be constructed or externally enlarged except in conformity with a site plan bearing an endorsement of approval by the Board of Appeals. Said site plan shall show, among other things, a key location plan showing

-90- adjacent structures, all existing and proposed buildings, structures, parking area with spaces designated, driveway openings, driveways and other open uses, all facilities for sewage disposal and for surface water drainage, and all landscape features (such as walks, fences, walls, planting areas) on the lot. Procedure for approval shall be in accordance with Section 10.5.

8. Independent Senior Living Apartments, age-restricted, but not considered an assisted living facility or long-term care facility shall be treated as a multi-family dwelling.

8.3 BOARDING OR LODGING HOUSE

8.3.1 General. A boarding or lodging house may be authorized by special permit by the Zoning Board of Appeals, subject to the following requirements:

8.3.2 Requirements.

1. The building shall have the external appearance and general aspect of a one- family dwelling, or

2. The building shall be located on a lot that abuts a Non-Residential Zoning District, or shall be located on a lot that abuts other lots containing buildings used for one or more of such purposes or occupied by more than two families.

8.4 CONVERSION OF CERTAIN SINGLE FAMILY DWELLINGS

8.4.1 General. The conversion and/or use of a single family dwelling existing on March 8, 1937, as a dwelling for not more than two (2) families, or as a convalescent or nursing home, boarding or lodging house, or tourist home may be authorized by special permit from the Board of Appeals subject to the following requirements.

8.4.2 Requirements.

1. Such dwelling is located on a lot having an area at least twenty-five (25%) per cent larger than the minimum hereafter required for the construction of a building in the same district.

2. No exterior enlargement is made which, together with any changes made during the preceding five (5) years, increases by more than twenty-five (25%) percent of the area of the dwelling.

3. No change is made in the external appearance and general aspect of such dwelling which alters its one-family character.

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8.5 NOT USED

8.6 FLEXIBLE DEVELOPMENT

8.6.1 Purpose. The purpose of this Section is:

1. to promote a more efficient use of land in harmony with its natural features;

2. to preserve common open land for conservation, agriculture, open space, and recreational use;

3. to preserve historical and archaeological resources and to protect existing or potential municipal water supplies, all in accordance with the general intent of the Zoning By-laws to protect and promote the health, safety, convenience and general welfare of the inhabitants of the Town of Canton.

8.6.2 Applicability. Flexible Development is allowed by special permit from the Planning Board. A Flexible Development may developed in the Residence B, Residence A, and Residence AA Districts. The Planning Board may grant a special permit which would exempt such land from the lot area, frontage, setback, side yard and width of lot requirements of this By-law. All other zoning requirements found elsewhere in this By– law will continue to apply within the Flexible Residential Development unless this Section or a special permit states otherwise.

8.6.3 Definitions. See Section 11, “Flexible Development.”

8.6.4 Master Plan and Report. The applicant shall prepare a Master Plan and Report in conformity with the Planning Board’s Rules and Regulations. The Master Plan and Report shall describe conditions prior to and on completion of both conventional development and Flexible Development. Environmental issues to be addressed shall include water quality, pollution of groundwater, damage or threat to wetlands, flood plains, and plant and animals.

8.6.5 Site Plans. The applicant shall prepare a site plan in conformance with the Planning Board’s Rules and Regulations. The site plans shall provide information consistent with information required by the Planning Board for approval of a preliminary subdivision plan.

8.6.6 Procedures.

1. Filing an Application. An applicant for a Flexible Development shall file an application for a special permit with the office of the Planning Board which shall

-92- be accompanied by eight (8) copies of a Master Plan of the entire permit area under consideration, prepared by a professional land surveyor and landscape architect. A copy of the application shall simultaneously be filed in the office of the Town Clerk.

2. Review of Other Boards. Before acting upon the application, the Planning Board shall submit it with the preliminary plan to the following boards and town agencies, which may review it jointly or separately: The Board of Selectmen, The Conservation Commission, the Board of Health, the Department of Public Works, The Planning Department and other boards the Planning Board may deem appropriate. Any such board or agency to which petitions are referred for review shall submit such recommendations, as it deems appropriate to the Planning Board. Failure to make recommendations within thirty five (35) days of receipt shall be deemed lack of opposition.

8.6.7 Contents of Application. In addition to any other documents or information required by the Planning Board pursuant to its Rules and Regulations adopted hereunder, application for a special permit pursuant to this Section shall be accompanied by a preliminary site plan, which shall show all of the information required for a preliminary subdivision plan as specified in the Canton Planning Board Subdivision Rules and Regulations, such additional information required by this By-Law or as the Planning Board deems necessary, and, to the extent applicable, all proposed instruments to be recorded with the plans. In addition, the applicant shall provide the following information:

1. A concept plan showing the number of lots permitted under this bylaw by means of a conventional subdivision plan, considering the whole tract, exclusive of water bodies and land prohibited from development by legally enforceable restrictions, easements, or covenants. The Planning Board shall determine the number of lots permitted within any Flexible Development, to assure compliance with the purposes of this By-law.

2. A summary of the environmental concerns relating to the proposed plans. The environmental summary would include a site analysis plan showing wetlands, slopes over fifteen (15%) percent, soil conditions, fall water tables, areas within the Floodplain Districts, Groundwater Protection Districts, and such other natural features as the Planning Board may request.

3. A description of the neighborhood in which the tract lies, including utilities and other public facilities, and the impact of the proposed plan upon them.

4. Evaluation of the open land proposed within the development, with respect to size, shape, location, natural resource value and accessibility by residents of the Town or of the development.

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8.6.8 Standards.

1. Minimum Tract Size. Flexible Residential Development shall be upon a single tract, in one ownership with definite boundaries ascertainable from a recorded deed or recorded plan, which has an area of not less than the following: Existing public and private ways need not constitute boundaries of the tract but the area within such ways shall not be counted in determining tract size.

2. Number of Lots. The number of lots within any Flexible Development shall be determined by the Planning Board to assure compliance with the purposes of this Section, and shall not exceed the number of lots shown on the Yield Plan. The Yield Plan shall show the maximum number of lots that could be developed under a conventional subdivision plan in accordance with applicable zoning. The Yield Plan shall depict wetland resource areas based upon an Order of Resource Area Delineation or Order of Conditions. The Planning Board shall consider any information submitted by the Conservation Commission regarding the consistency of the Yield Plan with the Massachusetts Wetlands Protection Act and the Canton Wetlands Bylaw. The applicant shall bear the burden of proof with regard to the number of lots shown on the Yield Plan.

3. Dimensional Regulations. All dimensions shall comply with the provisions of the lot dimensional regulations of this subsection.

Required SRAA SRA SRB Minimum Lot Size (sq. ft.) 20,000 15,000 10,000 Lot width(through the principal 70’ 70’ 60’ dwelling Frontage and frontage lot width (ft.) 50’ 50’ 50’ Front Yard Setbacks 30’ 30’ 30’ Side Yard Setbacks 15’ 15’ 15’ Common open land (%) 30 25 20

8.6.9 Common Open Land. The open space shall have a shape, dimension, character and location suitable to assure its use for park, recreation, conservation, or agricultural purposes by at least all the residents of the Flexible Residential Development. Land considered by the Planning Board as marginal or unsuitable for building, such as, inaccessible wetland and open water, steep slopes, highly erosion or poorly drained areas, areas of very shallow bedrock, or of very high water table shall be included in the

-94- permanent open space; but no more than fifty (50%) percent of the required open land shall consist of such marginal or unbuildable areas.

1. In determining whether the intent of this section has been satisfied, the Planning Board shall consider the extent to which land having one (1) or more of the characteristics outlined in Section 8.6.1 is included in the proposed open space.

2. Common open land may be used for passive and active residential recreational purposes such as swimming pools, walking trails and tennis courts.

8.6.10 Conveyance of Common Open Land. The open land may be held in common and shall be conveyed in one of the following manners, as determined by the Planning Board, to the town, which shall accept it for park or open space use; or to another non- profit conservation organization approved by the Planning Board, the principal purpose of which is the conservation of open space; or to a corporation, trust or association owned or to be owned by the owners of lots or residential units within the tract, provided that if such a corporation, trust or association holds title, ownership thereof shall pass with conveyance of the lots. The developer shall include in the deed to owners of individual lots beneficial rights in said open land, and shall grant a conservation restriction to the Town of Canton over such land pursuant to Massachusetts General Laws, Chapter 184, Section 31-33, to insure that such land be kept in an open or natural state and not be built upon for residential use or developed for accessory uses such as parking or roadways. This restriction shall be enforceable by the Town through its Conservation Commission in any proceeding authorized by Section 33 of Chapter 184 of the Massachusetts General Laws. In addition, the developer shall be responsible for the maintenance of the common land to be held in common until such time as the homeowner's association is capable of assuming said responsibility. In order to ensure that the association will properly maintain the land deeded to it under this section, the developer shall cause to be recorded at the Norfolk Registry of Deeds a Declaration of Covenants and Restrictions which shall, at a minimum, provide for the following:

1. Mandatory membership in an established homes association as a requirement of the open land is maintained in a condition suitable for the uses approved by the homes association. Failure to pay such assessment shall create a lien on the property assessed, enforceable by either the homes association or the owner of any lot;

2. Provision which, so far as possible under the existing law will ensure that the restriction placed on the use of the open land will not terminate by operation of law.

8.6.11 Decision. The Planning Board may grant a special permit under this section only

-95- if it finds the following:

1. That the Flexible Development will be in harmony with the general purpose of the bylaw and the requirements of General Laws, Chapter 40A, and the long- range Open Space Plan of the town; that it will not have a detrimental impact on the neighborhood, will be designed with due consideration for health and safety, and is superior to a conventional plan in preserving open space, minimizing environmental disruption, or allowing for more efficient provision of services.

2. That the development itself impinges upon critical environmental areas such as:

a. land abutting the rivers, brooks and/or ponds of significant public interest, which enhance or protect wetlands or flood plain, or which provide public access to the water body, or which enhance or provide significant scenic vistas or views, or which provide water-related recreational opportunities;

b. land which currently is in agricultural use or land which is suitable in size, location and soil, characteristics for agricultural use;

c. land which provides a significant wildlife habitat or which is a unique natural area;

d. Groundwater Protection Overlay District land which provides recharge to Canton's current or future municipal wells and highly favored aquifer areas.

3. That the common open space protects critical environmental areas and provides a valuable outdoor recreation resource.

a. Land which is to be developed for active or passive recreational use;

b. land which preserves existing trail networks or land on which new trails will be developed. New trails will be developed as part of the Flexible Development for integration into an existing trail network;

c. Land which enhances scenic roadside views;

d. land providing desirable public access to existing Town or State recreational or conservation land.

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4. That land intended to be conveyed to, or restricted for the benefit of, the Town:

a. enhances the protection of critical environmental areas, unique natural features, scenic vistas or potential or existing farmland;

b. provides a valuable addition to the open space resources of the Town;

c. provides for a more efficient use of land in harmony with its natural features;

d. provides for creativity in the design of developments through a carefully controlled process;

e. provides a less sprawling form of development, a shorter network of streets and utilities, more economical development of land with less consumption of open space;

f. permanently preserve natural topography and wooded areas within development areas and preserves usable open space and recreation close to homes;

g. provides an efficient procedure to ensure appropriate high quality design and site planning to enhance the neighborhoods in which they occur and to the Town as a whole.

8.6.12 Relation to Subdivision Control Act. Planning Board approval of a special permit shall not be a substitute for compliance with the Subdivision Control Act, nor oblige the Planning Board to approve any related definitive plan for subdivision, nor reduce any time periods for the Planning Board's consideration under that law. However, in order to facilitate processing, the Planning Board shall, insofar as practical under existing law, adopt regulations establishing procedures for submission of a combined plan and application which shall satisfy this Section, and the Planning Board's regulations under the Subdivision Control Act.

8.7 ASSISTED LIVING FACILITIES

8.7.1 General. An Assisted Living Facility may be authorized by special permit by the Zoning Board of Appeals, subject to the following requirements. This list is not intended to exclude the imposition of any additional conditions by the Zoning Board of Appeals or the Planning Board under Site Plan Review:

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8.7.2 Requirements

1. Water and Sewer: The assisted living facility site shall be connected to municipal water and sewer systems. All costs associated with the extension of these services shall be borne by the developer or applicant.

2. Roads: All newly constructed ways shall be privately maintained with respect to roadway upkeep and snow and ice removal.

3. Refuse: Collection and disposal of all refuse shall be provided privately.

4. Utilities: All utilities on the site shall be installed underground pursuant to approved methods of installation and construction.

5. Safety: The assisted living facility site shall have an integrated emergency call, security, telephone and other communication system to provide monitoring for its residents and direct line connection to the Canton Fire Department.

6. Open Space: At least thirty percent (30%) of the parcel shall be open space. The open space shall have a shape suitable to assure its use for areas of scenic beauty, landscaping and/or recreation purposes. At least fifteen percent (15%) of the open space shall be for recreational use by residents and visitors, such as looped pathways, setting for physical therapy, playground, courtyards, gardens, swimming pools, tennis and other recreational courts, playing fields, putting greens, bocce courts, residential greenhouses of not more than two hundred and fifty (250) square feet, or covered and uncovered sitting areas. Outdoor areas should be visible from resident’s rooms, interior public spaces and corridors. Seventy-five percent (75%) of open space shall be contiguous, and no piece shall be included in the calculation of open land unless at least two hundred square feet in size. Preserving existing stands of trees, trees at site perimeter, and contiguous vegetation with adjacent sites are a priority.

7. Affordable Units: For assisted living premises containing more than ten (10) dwelling units, in consideration of the increases in the otherwise permissible density of population or intensity of a particular use authorized pursuant to this Section 8.7, at least twelve and half (12.5%) of the dwelling units, in no case less than one (1) unit, shall be deed restricted in perpetuity as “Affordable Units” as defined in the applicable regulations of the Department of Housing and Community Development.

8.7.3 Dimensional Regulations

Assisted Living Facility Dimensional Regulations Minimum Lot Size 2.5 acres Minimum Non-wetland Area 2.5 acres Lot Width 200 feet Frontage (ft.) 125 feet Lot Coverage (%) 25 Open Space (%) 30 Setbacks Determined by underlying zone

-98- Minimum Lot Area per Dwelling Unit 4,000 square feet Maximum Number of Units in an 115 units Assisted Living Facility Maximum Height 40 feet or 3 floors, whichever is less

8.7.4 Landscaping and Buffering Requirements

1. Buffer zone: The side and rear lot lines shall be screened by a ten (10) foot width of dense natural growth or landscaping. Plant materials characterized by dense growth which will form an effective year-round screen shall be planted to form the screen. Screening shall consist of natural materials. To the extent practical, existing trees and vegetation shall be retained and used to satisfy the provisions of this section. All re- quired plant material shall be maintained by the owner in healthy condition and re- placed with new plantings whenever necessary to insure continued compliance with screening requirements.

2. All outdoor refuse collection and loading areas shall be screened from adjoining streets and abutting properties by a visually impermeable six foot height landscape screen or fence and through the use of appropriate landscaping.

3. All parking areas shall be screened from adjoining streets and abutting properties.

4. The Planning Board or Zoning Board may require buffer areas at specific locations along the perimeter as necessary to provide an additional visual buffer.

8.7.5 Accessory Uses

1. Garages for common use vehicles owned by the operating entity.

2. One single-story building to house snow removal, lawn maintenance, and recreational equipment. Such building shall not exceed 3,000 square feet.

3. Outdoor recreational facilities. This may include outdoor swimming pools, tennis and other recreational courts, playing fields, putting greens, bocce courts, gardens, residential greenhouses of not more than two hundred and fifty (250) square feet, covered and uncovered sitting areas.

4. Any and all other uses normal accessory, or incidental to an assisted living facility. Accessory uses shall comply with principal density, dimensional, and buffering requirements.

8.7.6 Non-Residential Uses

The operator of a long-term care facility may also provide optional services on the site including but not limited to local transportation, barber/beauty services, meals, laundry, exercise, healthcare, entertainment, sundries for personal consumption, and other amenities, provided:

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1. Such uses serve the resident, guests, and employees of the assisted living facility only

2. Such uses are conducted within and may be entered only from within a principal building

3. There is no external evidence of such uses visible beyond the development site

4. The appearance and character of the commercial uses are compatible with a residential development. The non-residential uses are accessory uses for the assisted living facility and if the underlying assisted living facility use is dis- continued the non-residential use shall not continue.

8.7.7 Public Transportation: Applicant shall provide shuttle service for residents to nearby public transportation facilities and other community resources.

8.7.8 Decision: A site plan pursuant to the provisions of Section 10.5 shall be required. The Zoning Board of Appeals may issue a special permit for a development when it finds that the proposed use is in harmony with the purpose and intent of the bylaw and the proposal shall be subject to the general or specific provisions set forth herein. The Zoning Board of Appeals may waive any or all dimensional requirements, when, in the judgement of the Zoning Board of Appeals, such action is in the public interest and not inconsistent with the provisions of this Section 8.7. Any such permit issued may also impose reasonable conditions, safeguards and limitations of time and use. The Zoning Board of Appeals as Special Permit Granting Authority reserves the right to amend, modify or revoke any permit granted for noncompliance of aforesaid conditions.

8.8 MIXED-USE

8.8.1 Purpose.

1. To promote public health, safety, and welfare by encouraging active community life;

2. To mitigate traffic congestion by promoting housing proximate to compatible commercial uses.

3. To enable the creation of livable, walkable neighborhoods in the town’s commercial districts.

4. To encourage the continued use of historic village centers.

5. To promote the creation of affordable and attainable housing opportunities for all incomes and ages by increasing residential density and mixed-use where appropriate.

8.8.2 Definitions. Within this section, the following terms shall have the following meanings:

1. Active Use. Any public or semi-public use that encourages pedestrian activity along the front of a building and utilization of a building during substantial

-100- portions of the day on most days. Examples of active uses include but are not limited to: a. Retail b. Restaurant or bar c. Entertainment uses d. Personal service uses such as salons, barber shops, or spas e. Artist galleries and artist studios, provided a publicly accessible gallery is included f. Publicly facing government services g. Health and fitness facilities

2. Back-lot Structure. Any building that does not front a public way or public open space and which is not the most visually prominent building on a parcel when viewed from the primary public way or public open space adjacent to that parcel.

3. Ground Floor Frontage. The ground floor facade of the principal structure which faces a public way or public park or, in the case of a corner lot, the facade which faces the more prominent public way or public park.

4. Office Uses, Consumer-Facing. Any business or professional offices, medical offices, urgent care facilities, and accessory leasing offices, provided those uses can reasonably expect regular visits of clients and customers. This includes but is not limited to doctors’ offices, dentists, attorneys, financial services, realtors, and others, provided these uses meet the general definition given here.

5. Office Uses, Non-Consumer-Facing. Any business, professional, medical, or other office uses that do not meet the definition of consumer-facing offices. This includes but is not limited to professional services and administrative service offices with infrequent visits from clients and customers.

6. Semi-Active Amenity Uses. Accessory communal areas, amenity areas, or services for the building residents only.

7. Upper Floor. Any full story above the ground story of a building.

8.8.3 Applicability. Mixed-use developments that follow the provisions of this section shall be allowed according to the Table of Use Regulations in this Zoning By-Law.

8.8.4 Use Regulations, Principal Structures. The following regulations shall govern the uses located within the principal structures of mixed-use developments.

1. Ground floor, fronting a public way or public park a. Uses allowed by right i. Active uses as defined in this section ii. Consumer-facing office uses iii. An entryway, lobby, and related circulation areas leading to parts of the building that are either on upper floors or not fronting a public way iv. Semi-active amenity uses

-101- b. Uses allowed by special permit i. Non-consumer-facing office uses c. Uses Not permitted i. Housing units ii. Parking and driving aisles, except driving aisles to reach parking facilities when there is no alternative access available iii. Automobile-oriented uses, including but not limited to auto repair, car washes, and drive-through retail or food service iv. Building mechanical, maintenance, or operations v. Any other use that is not open to the public

2. Ground floor, not fronting a public way or public park a. Uses allowed by right i. Active uses as defined in this section ii. Consumer-facing and non-consumer-facing office uses iii. Semi-active amenity uses iv. Circulation facilities, including but not limited to hallways, stairwells, and elevator areas v. Accessory storage for building residents vi. Building mechanical, maintenance, or operations b. Uses allowed by special permit i. Housing Units

3. Upper floors a. Uses allowed by right i. Housing units ii. Semi-active amenity uses iii. Circulation facilities, including but not limited to hallways, stairwells, and elevator areas iv. Accessory storage for building residents v. Building mechanical, maintenance, or operations

4. Below ground areas a. Uses allowed by right i. Semi-active amenity uses ii. Circulation facilities, including but not limited to hallways, stairwells, and elevator areas iii. Accessory storage for building residents iv. Building mechanical, maintenance, or operations v. Parking b. Uses allowed by special permit i. Active uses as defined in this section, provided uses are visible from the ground floor and can be accessed from a public way or public park ii. Office uses, consumer facing and non-consumer-facing c. Uses not permitted

-102- i. Housing units

8.8.5 Use Regulations, Back-lot Structures. The following regulations shall govern the uses located within any back-lot structures in mixed-use developments.

1. Uses allowed by right. a. Semi-active amenity uses b. Circulation facilities, including but not limited to hallways, stairwells, and elevator areas c. Accessory storage for building residents d. Building mechanical, maintenance, or operations e. Parking

2. Uses allowed by special permit a. Active uses as defined in this section, but only on the ground floor or lowest upper floor b. Office uses, consumer-facing and non-consumer-facing c. Housing units

3. Uses not permitted a. Automobile-oriented uses, including but not limited to auto repair, and drive-through uses

8.8.6 Dimensional Regulations. Mixed-use developments permitted under this section shall follow the dimensional regulations in Section 4 of this Zoning By-Law.

8.8.7 Site Planning.

1. Principles. The site plan of mixed-use developments permitted under this section should adhere to the following principles: a. Promote a walkable and vibrant public realm along a public way or public open space. b. Emphasize the connection between public ways and open spaces and the uses of the building. c. Promote the active use of any space between the ground floor frontage and public right-of-way. d. Minimize the visual and physical impact of parking facilities, primarily from the street in front of the site and secondarily from the side and rear, through building placement and context-appropriate landscaping treatments.

2. Standards a. Automobile parking facilities shall be behind the principal structure. In cases where parking behind the structure is not feasible, parking to the side of the structure is permitted, provided it is set back at least ten feet from the front of the front facade.

-103- b. Loading facilities shall not be located at the ground floor frontage. If possible, loading facilities should be located at the rear of the building. c. To the extent possible, automobile access to parking and loading should be located at the side or rear of the parcel and should be screened from view from the public ways or public open spaces along the front of the parcel and from side and rear adjacent parcels. d. Bicycle parking should be located near the primary entrance to the development’s housing units and/or the primary entrance to ground floor units. e. The principal entrance of any ground floor active use space should be along the ground floor frontage. f. The principal entrance leading to the housing units may be along the ground floor frontage or along the side or rear facades. g. Exterior stairs leading to residential portions of the mixed-use development should be located on the side or rear of the building.

8.8.8 Moderate Income Units. For developments proposing five (5) residential units or more, not fewer than ten percent (10%) of the dwelling units shall be deed restricted in perpetuity for occupancy by persons earning not more than eighty percent (80%) of the area median income as defined and regulated by the Commonwealth’s Executive Office of Housing and Livable Communities (EOHLC). For purposes of calculating the number of units of Affordable Housing required within a development project, a fractional unit shall be rounded up to the next whole number. Moderate-income housing units must be integrated into the overall development so as to prevent the physical segregation of such units and otherwise shall be indistinguishable from market rate units.

8.8.9 Severability. The provisions of this section are severable. If any court of competent jurisdiction shall invalidate any provision herein, such invalidation shall not affect any other provisions of this section. If any court of competent jurisdiction shall invalidate the application of any provision of this section to a particular case, such invalidation shall not affect the application of said provision to any other case within the Town.