(Added by 10/20/97 Special Town Meeting; approved by Attorney General 2/10/98)

1. Purpose

The purpose of this subsection is to:

(1) minimize the adverse impacts of wireless communication facilities (hereinafter "WCF") on adjacent properties and residential neighborhoods;

(2) minimize the overall number and height of such facilities to only what is essential;

(3) promote shared use of existing facilities to reduce the need for new ones;

(4) encourage the most appropriate use of the land and to guide sound development while promoting the health, safety and general welfare of the Town; and

(5)establish districts in which WCFs may be located.

2. Wireless Communication Districts

To achieve the above purpose, this subsection establishes the following Wireless Communication Districts:

Wireless Communication District A

This overlay district consists of all land located in the Planned Commercial and Limited Industrial Districts, and the following parcels located in the Rural Residence A and Rural Residence B Districts, as shown on the official zoning map for the Town of Ipswich: Assessor's Map 13, Lot 25; and Assessor's Map 5 1, Lot 7. Within this district all of the requirements of the underlying zoning district(s) continue to apply, with the exception of the maximum height allowance, which is established in paragraph 3. of this section. The following additional uses shall be allowed:

a. Indoor WCFs, allowed as-of-right subject to the dimensional requirements, performance and design standards of this subsection;

b. Building-mounted and existing free-standing WCFs, allowed subject to Site Plan Review from the Planning Board and the dimensional requirements, performance and design standards of this subsection;

c. New freestanding WCFs, allowed subject to a special permit and site plan review from the Planning Board and subject to the dimensional requirements, performance and design standards of this subsection.

Wireless Communication District B

This district consists of the following parcels located in the Central Business, Intown Residence, and Rural Residence A Districts, as shown on the official zoning map for the Town of Ipswich: Assessor's Map 54A, 20; Assessor's Map 23B, Lot 73A; Assessor's Map 42A, 186; Assessor's Map 41B, Lot 216; Assessor's Map 41B, Lot 149A; Assessor's Map 42A, Lot 147; Assessor's Map 42A, Lot 126; Assessor's Map 42A, Lot 127; Assessor's Map 42A, Lot 128; Assessor's Map 42A, Lot 129; Assessor's Map 30D, Lot 21; Assessor's Map 28A, Lot 124; and Assessor's Map 42A, Lot 130. Within this district all of the requirements of the underlying zoning district(s) continue to apply, with the exception of the maximum height allowance, which is established in paragraph 3. of this section.

The following additional uses shall be allowed: (Amended by 10/20/03 Special Town Meeting; approved by Attorney General 1/22/04)

a. Indoor WCFs, allowed as-of-right subject to the dimensional requirements, performance and design standards of this subsection;

b. Building-mounted and existing freestanding WCFs, allowed subject to Site Plan Review from the Planning Board and the dimensional requirements, performance and design standards of this subsection.

3. Dimensional Requirements for WCFs

Freestanding and building-mounted WCFs shall comply with the following dimensional requirements:

a. Freestanding WCFs shall:

(1) not exceed one hundred twenty (120) feet in height, measured from the base of the tower to the highest point of the tower or its projections;

(2) be setback from the property lines of the lot on which it is located by at least one hundred (100) feet measured from the center of the structure of the WCF base;

(3) be located a minimum of three hundred (300) feet from the nearest residential building within a residentially-zoned district; and

(4) be separated from each other by a minimum of two (2) miles.

Based on a clear display that additional height of the tower or reduced setbacks of the tower from buildings or property lines will not adversely affect any purpose of this bylaw and will in fact help to promote the objectives set forth herein, particularly as it relates to co-location, the Planning Board may, by special permit, allow the height of the of the tower to be increased, or the required setbacks or separation reduced, up to a maximum of twenty-five (25%) percent.

b. Building-mounted WCFs shall not:

(1) exceed fifteen (15) feet above the rooftop of a supporting building, including any penthouse, parapet or other similar structure extending above the rooftop;

(2) exceed fifteen (15) feet above the highest point of a water tower;

(3)exceed the highest point of a smokestack.

4. Performance Standards/General Requirements

The following performance standards and general requirements shall apply to all WCFs

a. Compliance with Federal and State Regulations. All WCFs shall be erected, installed, maintained and used in compliance with all applicable federal and state laws, rules and regulations, including radio frequency emission regulations as set forth in Section 704 of the 1996 Federal Telecommunications Act.

b. Co-location of WCFs. WCFs shall be designed to accommodate the maximum number of users technologically practical. Shared use of freestanding, building mounted, or indoor WCFs by commercial carriers is required unless such shared use is shown to be not technologically practical. The intent of this requirement is to reduce the number of separate facilities which will require location within the community.

All owners and operators of land used in whole or in part for a WCF and all owners and operators of such WCF shall, as a continuing condition of installing, constructing, erecting and using a WCF, permit other public utilities or FCC-licensed commercial entities seeking to operate a WCF to install, erect, mount and use compatible WCF equipment and fixtures on the equipment mounting structure on reasonable commercial terms; provided, however, that such co-location does not materially interfere with the transmission and/or reception of communication signals to or from the existing WCF, and provided that there are no structural or other physical limitations that make it impractical to accommodate the proposed additional WCF or fixtures.

c. Removal of Abandoned WCF. Any WCF that is not operational for a continuous period of twelve (12) months shall be considered abandoned, and the WCF shall be removed by the owner of the WCF, and the site restored to its original condition, within ninety (90) days of receipt of notice from the Building Inspector notifying the owner of such abandonment.

If such WCF is not removed within ninety (90) days, such WCF shall be deemed to be in violation of this zoning bylaw and the appropriate enforcement authority may begin proceedings to enforce and/or cause removal. If there are two or more users of a single WCF, then this provision shall not become effective until all users cease using the WCF.

5. Design Standards

The following design standards shall apply to all freestanding WCFs, except for paragraph a., which shall apply for all exterior WCFs:

a. All exterior WCF equipment and fixtures shall be painted or otherwise screened or colored to minimize their visibility to occupants or residents of surrounding buildings, streets and properties. WCF equipment and fixtures visible against a building or structure shall be colored to blend with such building or structure. WCF equipment and fixtures visible against the sky or other background shall be colored to minimize visibility against such background. The maximum amount of vegetation shall be preserved during construction of any WCF.

b. All freestanding WCFs shall be designed to be constructed at the minimum height necessary to accommodate the anticipated and future use.

c. The only type of freestanding WCFs allowed shall be monopoles, with associated antenna and/or panels. Whenever technologically feasible, antennas shall be mounted flush against a pole, provided that such mounting does not compromise the potential for co-location. Lattice style towers and similar facilities requiring three or more legs and/or guy wires for support are not allowed.

d. To the extent feasible all network interconnections from any WCF shall be installed underground, or inside an existing structure.

e. Fencing shall be provided to control access to wireless communications facilities and shall be compatible with the scenic character of the Town. Fencing shall not be of razor wire.

f. There shall be no signs, except for announcement signs, no trespassing signs and a required sign giving a phone number where the owner can be reached on a twenty-four (24) hour basis. All signs shall conform with Section VIII. Signs of this zoning bylaw.

g. Night lighting of freestanding WCFs shall be prohibited unless required by the Federal Aviation Administration. Lighting shall be limited to that needed for emergencies and/or as required by the FAA.

h. There shall be a maximum of one (1) parking space for each freestanding WCF, to be used in connection with the maintenance of the site, and not to be used for the permanent storage of vehicles or other equipment.

i. Accessory buildings and/or storage sheds shall be limited to one building per use per tower. If more than one (1) use, the accessory buildings shall be connected by a common wall. Each building shall not exceed three hundred (300) square feet in size and ten (10) feet in height, and shall be of the same design and color.

j. If the proposed freestanding facility is located in a wooded area, a vegetated buffer strip of undisturbed trees shall be retained for at least fifty (50) feet in width around the entire perimeter of the proposed facility, except for the access road. The Planning Board may require surety to cover the cost of remediation if any landscape is damaged during site clearing. (Added by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02)

6. Special Permit

a. Application Process

(1)All special permit applications for WCFs shall be made and filed on the appropriate application form. For an application to be considered complete, it shall comply with the Rules and Regulations Governing Granting of Special Permits, and shall also provide nine copies of the following information:

(a) A color photograph or rendition of the proposed monopole with its antenna and/or panels. A rendition shall also be prepared providing eight (8) view lines in a one mile (1) radius from the site, shown beginning at true north and continuing clockwise at forty-five (45) degree intervals.

(b) A description of the monopole and the technical, economic and other reasons for the proposed location, height and design.

(c) Confirmation that the monopole complies with all applicable Federal and State standards, including, but not limited to, the Federal Aviation Administration, Federal Communications Commission, Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health.

(d) A description of the capacity of the monopole including the number and type of panels, antenna and/or transmitter receivers that it can accommodate and the basis for these calculations.

(e)Written documentation that the applicant has examined all wireless facility sites in Ipswich and abutting towns within five miles of any boundary of the Town to determine whether those existing sites can be used to provide adequate coverage and/or capacity to the Town of Ipswich. [For the purposes of this section, adequate coverage shall be that area surrounding a base station where the predicted or measured median field strength of the transmitted signal is > 95dbm. Portions within the area of adequate coverage may have a signal < 95dbm, provided that the signal regains its strength to > 95dbm further away from the base station. Capacity is considered to be 'adequate' if the grade of service is p.05 or better for at least 50% of the days in a preceding month, prior to the date of application, as measured using direct traffic measurement of the WCF in question, where the call blocking is due to frequency contention at the antenna(s)]. The documentation shall include, for each facility site listed, the exact location (in longitude and latitude), ground elevation, height of the facility, output frequency, number of channels, power input, and maximum output per channel. Potential adjustments to these sites, including changes in antenna type, orientation, gain, and height or power output, shall be specified.

The documentation shall also analyze the feasibility of repeaters, in conjunction with all facility sites in Ipswich and abutting towns, to provide adequate coverage and/or capacity to the Town of Ipswich. [For purposes of this section, repeaters shall mean a small receiver/relay transmitter of not more than 20 watts output designed to provide service to areas which are not able to receive adequate coverage directly from a base station.] Radial plots of all potential repeaters and/or facility sites, as they exist and as adjusted, shall also be provided. (Paragraph (e) added by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02)

(2)Within fourteen (14) days prior to the public hearing, the applicant shall arrange to locate a crane, or an alternative temporary structure approved by the Planning Board, at the site in a manner that replicates the exact height and location of the proposed monopole. The crane or structure shall remain in position for no less than three (3) consecutive days, for at least twelve hours per day. The dates and location of the siting shall be advertised in a newspaper of general circulation in the Town at least fourteen (14) days before the siting, and notice shall be sent to abutting property owners.

b. Review of Alternative Sites

At the Planning Board's request, the Applicant shall examine alternative sites for the location of a wireless facility. Said alternative sites may be identified by the Planning Board, and/or by the Applicant. The purpose of such analysis is to help the Board determine whether alternative sites to the one proposed in the application better satisfy the requirements of 6. c. (1) of this Section. (Added by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02)

c. Review Criteria (Amended by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02)

In addition to applying the Special Permit general conditions described in Section XI., subsection J. of this zoning bylaw, and the standards, requirements, or conditions set forth in this Section IX. G., the Board shall review the special permit application in accordance with the following criteria:

(1) An applicant proposing a freestanding WCF shall prove to the satisfaction of the Board that the visual, economic and aesthetic impacts of the facility on the community will be minimal. The applicant must also demonstrate that the facility needs to be located at the proposed site due to technical, topographical or other unique circumstances. In determining whether to issue a special permit, the Board shall consider the following factors: height of the proposed WCF; the nature of uses adjacent and nearby properties; surrounding topography; surrounding tree coverage and foliage; the visual impact of the facility on the abutting neighborhoods and streets and the impact on existing vistas and natural resources.

(2) No freestanding WCF shall be erected or installed except in compliance with the provisions of this Section. Any proposed extension in the height, or construction of a new or replacement of a facility, shall be subject to a new application for a special permit. The addition of cells, antenna or panels to an existing facility does not require the issuance of a special permit but is subject to site plan review.

d. Conditions of Approval (Amended by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02)

The following conditions of approval shall apply to all grants of applications for WCFs that require a Special Permit as indicated by the above Table of Uses in paragraph 2. herein:

(1) Annual certification must be provided to the Town's Director of Code Enforcement which demonstrates continuing compliance with the standards, rules and regulations of the Federal Communications Commission, Federal Aviation Administration, National Institute of Standards and Technology, Massachusetts Aeronautics Commission, Massachusetts Department of Public Health, and other applicable federal, state and local laws.

(2) If a free-standing, exterior WCFs to be placed on municipal property the following conditions must be satisfied:

(a) Certificate of Insurance for liability coverage in the amounts of $ 1,000,000.00 must be provided naming the Town as an additional insured.

(b) An agreement whereby the user indemnifies and holds the Town harmless against any claims for injury or damage resulting from or arising out of the use or occupancy of the Town owned property by the user.

(c)A cash bond in a reasonable amount determined and approved by the Board shall be in force to cover removal of WCF and restoration of site to the condition that the premises were in at the onset of the lease, when use of said WCF becomes discontinued or obsolete. The amount is to be payable to the Town in the event that the user breaches the agreement in Section 5, paragraph c. above.

(3)A maintenance bond shall be posted for the access road, site and monopole in amounts approved by the Board.

e. Upon receipt of a special permit application, the Planning Board may hire independent consultants, at the applicant's cost, to help it determine whether the application satisfies paragraph 6.c. (1) of this Section. The applicant's signature on the special permit application shall constitute the applicant's agreement to pay such charges. These consultants shall each be qualified professionals with a record of service to municipalities in one of the following fields: telecommunications engineering; civil engineering; structural engineering; land use planning; and/or landscape architecture. The Town of Ipswich reserves all assignable rights in contract against the applicant, including the right to interest, legal fees, and costs of collection, in the event that the applicant fails to make timely payment. (Added by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02

In addition to the above, the Board may impose additional conditions as needed to minimize any adverse impacts of the proposed WCF.

7. Exemptions

The following types of WCFs are exempt from this Section G:

a. Amateur radio towers used in accordance with the terms of any amateur radio service license issued by the Federal Communications Commission, provided that: (1) the tower is not used or licensed for any commercial purpose; (2) the tower must have a cost or replacement value of less than $ 10,000.00; and (3) the tower must be removed if the use is discontinued for one year.

b. Facilities used for the purposes set forth in M.G.L. c. 40A, section 3.

c. Facilities used by the municipality for the purpose of public safety.

8. Monitoring and Evaluation of Compliance (Added by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02)

Within thirty days of initial operation of the approved WCF, the Applicant shall pay for an Independent Consultant hired by the Town to monitor the background levels of Electromagnetic Frequency Radiation (EMF) emissions from the proposed facility site and/or repeater locations. The Independent Consultant shall use Monitoring Protocol. A report of monitoring results shall be prepared by the Independent Consultant and submitted to the Planning Board and the Board of Health.

If the monitoring of the facility site reveals that the site exceeds the FCC 96-326 standard, then the owners of all facilities using the site shall be so notified. The owner(s) shall submit to the Planning Board and the Building Inspector a plan for reduction of emissions to a level that complies with the FCC 96-326 standard within ten business days of notification of non-compliance. That plan shall reduce emissions to the standard within 15 days of initial notification.

(Added by 10/20/97 Special Town Meeting; approved by Attorney General 2/10/98) (Amended by 4/6/98 Annual Town Meeting; approved by Attorney General 6/2/98) (Amended by 4/5/99 Special Town Meeting & 4/5/99 Annual Town Meeting; approved by Attorney General 8/2/99, and 7/28/99 respectively) (Amended by 10/18/04 Special Town Meeting; approved by Attorney General 1/27/05)

The following density standards and development requirements shall apply to a GEPD approved by a special permit from the Planning Board in lieu of the zoning provisions otherwise applicable in the RRA zoning district.

1. Purpose

The purposes of a Great Estate Preservation Development (GEPD) are to:

a. encourage the preservation and appropriate development of the building and lands of the large estate properties in the RRA District (For the purposes of this subsection, a Great Estate is defined as an architecturally significant residence and its formal landscape features and supporting structures, constructed prior to 1948 and situated on a minimum of sixty [60] acres.);

b. recognize and preserve the design integrity of landscape features, both natural and built, which contribute to the character of a Great Estate;

c. encourage the efficient use of such land in harmony with the natural features of the RRA District;

d. provide an alternative to the subdivision of an estate property for residences;

e. preserve open space for conservation or recreation use, and provide appropriate public access to said open space; and

f. protect natural features which are important to the character of the town, including the vistas of the main corridor roads. (Amended by 10/18/04 Special Town Meeting; approved by Attorney General 1/27/05)

2.Permitted Uses

The following uses may be permitted in a GEPD by special permit with site plan approval from the Planning Board, as set forth in this subsection:

a. any use listed in the use schedule as an allowable use in the RRA District, whether by special permit or otherwise, except that residential dwellings are allowed only as described in b. below. (Amended by 10/16/00 Special Town Meeting; approved by Attorney General 3/8/01)

b. residential dwelling use, provided that: (Added by 10/18/04 Special Town Meeting; approved by Attorney General 1/27/05)

i. Residential housing shall be clustered, and no individual house lot shall be greater than 20,000 square feet in size; and

ii. No more than thirty percent of the total allowed residential housing units shall be detached single-family dwellings;

iii. At least 10% of the total units are affordable housing as defined in IX.I.3.a.(1) of this zoning bylaw;

iv. Residential dwelling use shall not exceed twenty-five percent (25%) of the maximum floor area which may be developed pursuant to this GEPD zoning, unless said residential use meets the following conditions, in which instance the residential dwelling use shall not exceed forty-five percent (45%) of the maximum floor area of the GEPD: (a) the residential dwelling use is located in a GEPD which has an area of at least two hundred (200) acres which has remained substantially unchanged in lot configuration and size since December 31, 1996; (b) a minimum of twenty-five (25) affordable housing units shall be built; if the total number of residences constructed exceeds 180 units, the developer shall also provide 15% of the total on-site market units built in excess of this number as affordable housing, or in lieu of constructing the additional affordable units, subject to the approval of the Planning Board, the developer may contribute a payment of $50,000 for each additional affordable unit to a fund to be used for the purpose of creating or sustaining affordable housing in the Town of Ipswich. Affordable units shall be as defined in iii. above, except that up to one-third of the affordable units may be rented or sold to, and occupied by, households earning up to 120% of the median area household income. At least ten of the affordable units shall be located within the GEPD. Affordable units constructed off-site shall be done so in compliance with Section IX. I. 5. of this zoning bylaw; (c) no more than two hundred thirty-five (235) dwelling units, inclusive of the on-site affordable units, shall be built on-site; (d) no more than 50% of the units may contain more than two bedrooms, and none of the units shall contain more than three bedrooms; and (e) each 1,000 square feet of residential dwelling built in excess of 25% of the maximum floor area shall result in a reduction of 1,000 square feet from the maximum floor area which may be developed pursuant to this GEPD zoning;

c. hotel, conference center. (For the purposes of this subsection, a conference center is defined as a commercial establishment or designated area within a commercial establishment providing space for business or professional conferences, seminars, training or other meetings and customary hotel functions.);

d. medical and dental clinics;

e. health or fitness spa (For the purposes of this subsection, a health or fitness spa is defined as a commercial establishment or designated area within a commercial establishment providing facilities devoted to health and fitness.);

f. school for instruction in golf, tennis, or other sport; golf driving range, provided it is affiliated with a golf course which is a component of the GEPD;

g. multi-family dwelling, provided that no more than 50% of the units may contain more than two bedrooms, and none of the units shall contain more than three bedrooms; (Amended by 10/20/03 Special Town Meeting; approved by Attorney General 1/22/04) (Amended by 10/18/04 Special Town Meeting; approved by Attorney General 1/27/05)

h. nursing homes;

i. business and professional offices;

j. retail shops, dining facilities, and similar accessory uses primarily to serve occupants, employees or guests;

k. research offices or establishments devoted to research and development activities; and

l. the processing of products arising out of, or substantially similar to, the research and development activities of a research office or establishment on the same lot; provided, however, that

(1) said use shall require a separate special permit from the Planning Board;

(2) recognizing the unique manner in which each user may conduct its biotechnological processing, any special permit issued for such a use shall be limited to a specific user and any change in control of a corporate user shall require a new special permit for a subsequent user (For the purposes of this subsection, change of control shall be defined as (a) the sale by the user of its operating assets located on the lot to an unaffiliated entity; (b) a merger or consolidation resulting in the stockholders of the user owning less than one-half of the stock of the surviving corporation; or (c) the sale of more than one-half of the issued stock of the user to parties who were not stock-holders of the user at the time of the approval of the special permit);

(3) at no time shall more than thirty-five (35%) of the constructed floor area be primarily devoted to such processing; and

(4) the Board determines, upon consultation with the Board of Health and the Water Commissioners, that said processing use is not detrimental to the health, safety, and welfare of the community. (Amended by 10/20/08 Special Town Meeting; approved by Attorney General 1/28/09)

3. Density Standards

a. Minimum Lot Size: A GEPD may be permitted on a lot which:

(1) has an area of at least sixty (60) acres which has remained substantially unchanged in lot configuration and size since December 31, 1996. Contiguous lots may be combined for inclusion in a GEPD, provided that at least one of the lots contains sixty (60) acres and has remained substantially unchanged in lot configuration and size since December 3 1, 1996. The calculation of minimum lot size shall be done in accordance with paragraph b. (3) below; and

(2) is a great estate as defined in 1. a. above; and

(3)contains buildings constructed prior to December 31, 1996 which contain in aggregate a minimum of 40,000 square feet of existing floor area. For the purposes of this subsection, floor area is defined as the aggregate gross floor area of all floors within all principal and accessory buildings.

b. Floor Area of Development:

(1) New Floor Area: For the purposes of determining the total new floor area which may be developed on the lot, the applicant may construct new floor area in the development such that the total resulting floor area does not exceed the product of 3,000 square feet times the number of dwelling units which could be developed under normal application of one-acre zoning requirements under the "Town of Ipswich Rules and Regulations Governing the Subdivision of Land" and in accordance with Section VI. of this zoning bylaw. The applicant shall provide with the application for special permit a site plan with verifiable soil tests indicating the number of buildable lots possible under detached single-family zoning, the State Environmental Code, Title V, the requirements of the Board of Health, the Wetlands Protection Act, and the Ipswich Wetlands Protection Bylaw and Rules and Regulations. Such soil tests shall be conducted as if they were actually percolation tests in accordance with the above-referenced requirements and shall be verified and attested to by a registered professional engineer.

(2) Additional Floor Space for Rehabilitation of Existing Buildings: A GEPD that rehabilitates or renovates all buildings and supporting structures certified by the Historical Commission as having historic or architectural significance may increase allowable floor space by the amount of square footage contained in all existing buildings that are rehabilitated or renovated as part of the GEPD development, except that new floor area developed on the lot may be increased by five (5) square feet for every square foot of floor space contained in buildings and supporting structures certified by the Historical Commission as having historic or architectural significance that are rehabilitated or renovated. The Planning Board shall refer to the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings for guidance when reviewing the buildings which have been, or are proposed to be, rehabilitated or renovated. If the Planning Board determines that the reconstruction or replacement of an existing building that has not been certified by the Historical Commission as having historic or architectural significance is more consistent with IX.H. 1. than the building's rehabilitation or renovation, then the Applicant may increase allowable floor space by the amount of square footage contained in all existing buildings that is replaced or reconstructed.(Amended by 10/20/03 Special Town Meeting; approved by Attorney General 1/22/04) (Amended by 10/18/04 Special Town Meeting; approved by Attorney General 1/27/05)

(3) Wetlands/Coastal Exclusion: For a lot which contains wetlands and/or floodplain, or which is subject to the Rivers Protection Act, only one-half the area which is designated as wetlands and/or floodplain, or is subject to the Rivers Protection Act, may be considered in the lot area calculations. For the purposes of determining lot area, the Federal Insurance Floodplain Maps (FIRM) and the Town of Ipswich General Wetlands Bylaws shall be used to determine floodplain, wetlands, and areas subject to the Rivers Protection Act.

(4) Maximum Density: The total allowable floor area obtained through the application of the formulae described in sub-paragraphs (1) and (2) above, shall not exceed eight percent (8%) of the area of the lot.

4.Building Design Standards

When constructing or renovating buildings in a GEPD, the Applicant is encouraged to make the buildings as energy efficient and eco-friendly as possible. Guidelines for "green" building construction are available from the Town Department of Planning & Development. Applicants are also encouraged to choose building designs and materials that are attractive and which complement the natural landscape. (Amended by 10/18/04 Special Town Meeting; approved by Attorney General 1/27/05)

5. Development Requirements

a. Town Water: The development shall be served by a water system deemed adequate for fire protection and domestic use by the Water Commissioners and by the Fire Chief.

b. Sanitary Sewer/Septic: The development shall be served by the Town's sanitary sewer system or by one or more on-site disposal systems conforming to the State Environmental Code, Title V and the regulations of the Board of Health. If, however, in the judgment of the Board, the topography and/or soil conditions are such that it would be more efficient to allow (1) a private central sanitary sewer system, notwithstanding the lot's location in a Water Supply District, and/or (2) allow an underground common septic system or individual septic systems to be placed in the preserved open space, this configuration may be permitted. Prior to making such judgment, the Planning Board shall seek the review and recommendations of the Board of Health, Department of Utilities, Board of Water Commissioners, and the Conservation Commission. If a GEPD is located within a Water Supply District and a private central sanitary sewer system is proposed, the Planning Board shall not approve a special permit under this subsection unless and until said system shall have received a favorable recommendation from the Board of Water Commissioners, which recommendation shall not be unreasonably withheld. All systems are further subject to approval by the Board of Health and any other governmental authority having jurisdiction.

c. Open Space Restriction: A minimum of forty (40%) percent of the lot shall either be: (Amended by 10/18/04 Special Town Meeting; approved by Attorney General 1/27/05)

(1) conveyed to the Town of Ipswich and accepted by it for open space use;

(2) conveyed to the Commonwealth of Massachusetts as part of a state forest, park, or wildlife management area;

(3) conveyed to a non-profit corporation, the principal purpose of which is the conservation of open space, and made subject to a conservation restriction prepared in accordance with the provisions of Section 31 and 33, inclusive, of Chapter 184 of the General Laws of the Commonwealth of Massachusetts;

(4) made subject to a conservation restriction prepared in accordance with the provisions of Section 31 and 33, inclusive, of Chapter 184 of the General Laws of the Commonwealth of Massachusetts running in favor of either the Town or, upon the approval of the Planning Board, a non-profit corporation, the principal purpose of which is the conservation of open space. The conservation restriction shall provide that such land shall be kept, in perpetuity, in an open or natural state, in accordance with the above-noted sections of Chapter 184 of the General Laws.

In designating the open space, the applicant shall apply the guidelines adopted by the Planning Board in May of 1997, entitled CRITERIA FOR EVALUATING PROPOSED OPEN SPACE. At least a portion of the open space shall be available for use by the general public, unless the applicant can provide compelling reasons to the Planning Board why such access would be infeasible. If it is deemed necessary to achieve the purposes of this subsection, the Planning Board may increase the open space minimum requirement by not more than ten (10) percent.

d. Dimensional Regulations

(1)A minimum setback of one hundred (100) feet shall be provided between a GEPD and abutting lots, and a buffer strip consisting of vegetated area with a minimum depth of one hundred (100) feet shall be provided between the GEPD and any street line. An entry drive, along with a gate house and appropriate signage, may be permitted within the buffer strip. If a boundary line of the GEPD is adjacent to permanent open space, such as Town, State, Federal or privately-restricted open space, the Planning Board may require that the first thirty (30) feet of the setback from such open space be a landscaped buffer. The Planning Board may decrease or increase by not more than twenty (20%) percent any buffer area requirement if, after site plan review by the Board, the Board deems such action to be reasonable and appropriate.

(2) The area developed for commercial use, including buildings, parking, outdoor recreational structures, and areas paved for vehicular use, shall not exceed twenty (20%) percent of the total area of the lot. Walking or bicycle trails shall not be counted in the calculation of the twenty (20%) percent limitation.

(3) The development shall be subject to site plan review in accordance with the provisions of Section X.

(4) Newly constructed or renovated buildings in a GEPD may be four stories in height, provided that the building height does not exceed the maximum height allowed under Section VI. G. 2. of this bylaw.

(5) Notwithstanding anything to the contrary contained in this zoning bylaw, in granting a special permit and site plan approval for a GEPD, the Planning Board may reduce any of the foregoing dimensional requirements, or increase the height requirement, to a maximum of twenty-five (25) percent, provided that in no instance shall a building contain more than four stories.

(6)Newly constructed buildings in a GEPD, other than gatehouses, shall be setback at least two hundred fifty (250) feet from a public way.

e. Streets and Further Subdivision: Any subdivision of the GEPD which is subject to MGL C.41 shall be in accordance with the Rules and Regulations Governing the Subdivision of Land in the Town of Ipswich. After issuance of a GEPD special permit and site plan approval, and establishment of the required open space for the GEPD, as a whole, the GEPD may be subdivided into lots which may be less than sixty (60) acres and may be held in separate ownership, provided that each portion of the subdivided site remains subject to all of the applicable terms and conditions of (1) the GEPD special permit, and (2) the site plan approval for the improvements on such portion of the site.

f. Phasing: Phasing of the GEPD, as approved by the Planning Board, shall be permitted either pursuant to phasing described in the initial special permit application or in subsequent special permit or site plan review applications. The special permit and site plan approval shall not be deemed to have lapsed so long as the applicant shall have commenced use of the Great Estate Preservation special permit or site plan approval in substantial accordance with the phasing time frames set forth in the special permit and site plan approval application. The Planning Board shall have the authority to require a performance bond or other similar mechanism if it determines that such a mechanism is necessary to ensure that the key components of the project are satisfactorily completed.

6. Special Permit Application Process

All special permit applications for GEPD shall be made and filed on the appropriate application form. For an application to be considered complete, it shall provide all information required by the Rules and Regulations Governing Granting of Special Permits, available from the Department of Planning and Development, and by any regulations adopted in accordance with paragraph 9 below.

The special permit application shall also be accompanied by a certification from the Historical Commission of all historically and/or architecturally significant buildings, landscape features and supporting structures located on the site, said certification to be based on the criteria set forth in Chapter XVI of the General Bylaws of the Town of Ipswich; and by nine copies of a site development report, which shall summarize how the proposed GEPD satisfies the special permit criteria being considered by the Planning Board. The site development report should include, at minimum, an inventory of natural resource features, wildlife and their habitat; an inventory of the Great Estate consistent with current standards required for documentation for nomination to the National Register of Historic Places, and a general inventory of all other existing buildings, structures and landscape features; and an outline of how the following issues and impacts will be addressed by the development: (a) pedestrian and vehicular access to the site; (b) public safety issues; (c) provision of landscaping/buffering; (d) protection of wildlife habitats; (e) provision of utilities; (f) open space and recreation; (g) water supply and drainage issues; (h) layout and density of site development; (i) the preservation and rehabilitation of the exterior features, character and structural integrity of the Great Estate, and the open space, vistas, stonework, gardens, and other historic landscape features and supporting structures associated with the Great Estate; and (j) building design and materials, including exterior elevations of existing and proposed buildings. To the extent possible, the information provided in the report shall be shown in map form, accompanied by written narrative.

7. Review Criteria

In addition to applying the special permit general conditions described in Section XI, subsection J., of this zoning bylaw, and the standards, requirements, or conditions set forth in this Section IX. I., the Board shall review the special permit application in accordance with the following criterion: the proposed GEPD will, by its design and layout, succeed in (a) preserving open space for conservation and/or recreation purposes, and providing appropriate public access to the open space; (b) protecting natural features of the land which are important to the character of the town; and (c) preserving the buildings, structures, and landscape features of the large estate properties in the RRA District.

8. Preliminary Review

Prior to submitting a special permit application to the Planning Board for a GEPD, the applicant is strongly encouraged to submit a preliminary concept plan for review by the Planning Board and a Development Review Committee appointed by the Town Manager. The preliminary review shall provide an opportunity for the applicant to identify early in the process the preferences of the Planning Board and Review Committee relative to the development of the site. The Review Committee shall include the chairs of the Conservation Commission, Open Space Committee, Bay Circuit Trail Committee, and Historical Commission, or their designees; the Directors of the Town Departments of Utilities, Code Enforcement, Public Works, Public Safety, and Planning & Development; a professional architect; a professional landscape architect; a professional civil engineer, and one or more residents from the neighborhood in which the GEPD is proposed.

The preliminary concept plan should show: (a) the location, height, density, and architectural treatment of all buildings proposed for construction or renovation; (b) the size, location and proposed use of the open space; (c) the location of all existing and proposed parking areas and access roads within and without the GEPD; (d) the type and probable location of the proposed utilities; and (e) a delineation of any wetlands or other environmentally-sensitive land on the property. The preliminary concept plan should be accompanied by a certification from the Historical Commission of all historically and/or architecturally significant buildings, landscape features and supporting structures located on the site, said certification to be based on the criteria set forth in Chapter XVI of the General Bylaws of the Town of Ipswich.

9. Advisory Opinion

Within ten days (10) of receipt of a special permit application for a GEPD, the Planning Board shall transmit copies of the application to the aforementioned Development Review Committee and the Historical Commission, which shall review the application and submit their recommendations to the Planning Board within forty-five (45) days of the referral of the application.

10. Adoption of Rules and Regulations:

The Board shall adopt an application form and rules and regulations in accordance with the provisions of this subsection. Said rules and regulations shall specify the application process, type and number of required plans, and general requirements in order to assist the developer in complying with the intent of this subsection.