(Added by 10/27/97 Special Town Meeting; approved by Attorney General 2/10/98)
1. Purpose and Intent
The requirements of this subsection are established for the purpose of:
a. increasing the supply of housing in the Town of Ipswich that is permanently available to and affordable by low and moderate-income households;
b. encouraging a greater diversity of housing accommodations to meet the needs of families and other Ipswich residents; and
c. developing and maintaining a satisfactory proportion of the Town's housing stock as affordable units.
2.Applicability (Amended by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02)
The requirements of this subsection I. apply to:
a. Any multi-family residential development subject to approval by special permit; and
b. Any proposed residential development in the RRA, RRB, and RRC Districts that would create two or more single-family detached or attached dwellings for which compliance with this subsection I. is required in the Table of Dimensional and Density Regulations (Section VI.). Developments that create only one single-family detached or attached dwelling are exempt from the provisions of subsection I. so that the minimum lot sizes of the new lot and the remaining parcel are 43,560 square feet each, or for large lot exceptions, three acres, provided that a suitable restriction is recorded at the Essex South Registry of Deeds prohibiting the creation of additional units on the property. (Amended by 10/18/04 Special Town Meeting; approved by Attorney General 1/27/05) (Amended by 10/16/06 Special Town Meeting; approved by Attorney General 1/4/07)
3.Requirements (Amended by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02)
a. Multi-family Residential Development
(1)Ten percent of the units in any multi-family residential development of ten units or more (the "Affordable Housing Units") requiring a special permit shall be sold or rented to households with incomes at or below 80 percent for for-sale housing and 60 percent for rental housing of the Median Regional Household Income (as determined by the U.S. Department of Housing and Urban Development (HUD) pursuant to the Housing Act of 1937, as amended and adjusted for family size), and shall be restricted to sales prices or monthly rents that are affordable to such households. The sales price or monthly rent shall, in all instances, be such that the dwelling unit qualifies as a local initiative unit under the Commonwealth's Local Initiative Program (LIP) and meets the requirements of a subsidized housing unit for the purposes of listing in the Town's subsidized housing inventory under G.L.C. 40B Sec. 20-23. For purposes of this bylaw, rental housing shall be deemed affordable if rents (including utilities or a HUD-approved utility allowance if utilities are paid separately by tenants) do not exceed 30 percent of 50 percent of the gross monthly Median Regional Household Income for a family of four, adjusted for the bedroom size of the unit in accordance with the protocols accepted under Section 42 of the federal tax code. For-sale housing shall be deemed affordable for purposes of this bylaw if it is priced so that monthly principal, interest, tax, and property insurance costs and condominium fees (if applicable) do not exceed 30 percent of 70 percent of gross monthly Median Regional Household Income for a family of four, adjusted for the bedroom size of the unit, using the best generally available mortgage terms and rates for such borrowers. Where the application of this formula results in a fractional housing unit, a fraction of one half of a dwelling unit or more shall be considered as one Affordable Housing Unit; if the fraction is less than one-half of a dwelling unit, each tenth of the fraction shall require the payment of the unit fee specified in (2) below. (Amended by 10/18/04 Special Town Meeting; approved by Attorney General 1/27/05) (Amended by 10/16/06 Special Town Meeting; approved by Attorney General 1/4/07)
(2)For multi-family residential developments of less than ten units requiring a special permit, the applicant shall, in consideration of such permit, provide either one Affordable Housing Unit in accordance with 3. a. (1), 4., 5., and 6. of this Section I., or pay a fee to the Town to provide affordable housing in Ipswich. The fee shall be calculated on a pro rata basis, and shall be $ 10,000 per unit for developments up to nine units. The fee may be adjusted by the Planning Board from time to time through the issuance of guidelines or regulations. Such adjustments shall reflect both changes in the median contract price for newly constructed homes in the Northeast U.S., as reported annually by the U.S. Census Bureau, and changes in the maximum sales price for single-family homes developed for sale to households at or below 80 percent of Median Regional Household Income through programs administered by the Massachusetts Department of Housing and Community Development.
b. Single-Family Developments of Ten or More Dwellings
Applicants developing ten or more single-family detached or attached dwellings in the RRA or RRB Districts shall comply with the following requirements:
(1) provide ten percent of the units in accordance with 3. a. (1), 4., 5., and 6. of this Subsection I.; and
(2) obtain an Open Space Preservation Zoning special permit in accordance with the provisions of Section IX. A. of this bylaw.
c. Single-Family Developments of Less than Ten Units
Applicants developing fewer than ten single-family detached or attached dwelling units in the RRA and RRB Districts shall comply with the following requirements:
(1) provide an Affordable Housing Unit in accordance with 3. a. (1), 4., 5., and 6. of this Section I.; or provide an affordable housing fee in accordance with 3. a. (2) of this Section I.; and
(2) obtain an Open Space Preservation Zoning special permit in accordance with the provisions of Section IX. A. of this bylaw, unless the development creates fewer than five total dwelling units.
d. Subdivision Approval
Any development application submitted under the provisions of this subsection that involves the subdivision of land shall also be subject to the approval of the Planning Board under the Rules and Regulations Governing the Subdivision of Land in Ipswich.
4.Conditions of Approval (Amended by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02)
a. Continued Affordability
Affordable housing units developed pursuant to this bylaw shall be subject to long-term use restrictions and, where applicable, resale restrictions, to ensure that they remain affordable to low- and moderate-income households for the longest period allowed by law, but in no instance less than ninety-nine years. Such restrictions shall be enforceable by the Town of Ipswich or by a housing-related charitable corporation or trust designed by the Town of Ipswich in accordance with Sections 31 and 32 of Chapter 184 of the Massachusetts General Laws, and shall be executed and recorded at the Essex County Registry of Deeds, Southern District. It is the intent of this bylaw that affordable housing units be restricted and that long-term affordability be enforced in such a manner that affordable units are considered "low and moderate income housing" for purposes of Section 20 of Chapter 40B of the Massachusetts General Laws. (Amended by 10/18/04 Special Town Meeting; approved by Attorney General 1/27/05)
b. Comparability
Affordable units shall be dispersed throughout the site and shall be indistinguishable from market-rate units except in size, interior finish, fixtures and appliances.
c. Family Units
Except as otherwise provided by the Planning Board, affordable units shall contain a minimum of two bedrooms and shall be in every way suitable for family occupancy.
d. Alternative Requirements
The Planning Board may reduce the required percentage of affordable housing units from ten percent to not less than five percent of the units permitted if such Affordable Housing Units are sold or rented at prices affordable to households at or below fifty (50%) percent of the Median Regional Household Income. The Planning Board may also increase the required percentage of affordable housing units from ten percent to not more than fifteen percent of the permitted units if it determines that federal, state or local subsidies are available to defray the cost to the applicant of providing any affordable units in excess of ten percent. (Added by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02)
5. Off-site Location
With the approval of the Planning Board, the inclusionary housing requirement may be met through the provision of some or all of the required affordable units on an alternative site or sites suitable for housing use. Affordable off-site units shall be newly created and at least equal in number to the affordable units that would have been provided on-site. Affordable off-site units required by this Section may be located in an existing structure, provided that they do not replace any of the dwelling units contained in the structures. Affordable units provided through this provision shall comply, in all respects other than on-site location, with the requirements of this section and all other requirements of the zoning bylaw. (Amended by 10/18/04 Special Town Meeting; approved by Attorney General 1/27/05)
6. Compliance
a. Permit Conditions
No special permit shall be issued without appropriate restrictions to ensure that the provisions of this subsection are made binding upon the applicant.
b. Occupancy Conditions
No certificate of occupancy shall be issued for any market-rate units in a development covered by this subsection until all deed covenants and/or other documents necessary to ensure compliance by the applicant with the requirements of this subsection have been executed.
1.Purpose and Intent:
The intent of this subsection is to allow accessory apartments in owner-occupied single-family dwellings. Its purpose is to:
a. Add moderately-priced rental units to the housing stock to meet the needs of small households, both young and old;
b. Make housing units available to moderate-income households who might otherwise have difficulty finding housing in the town;
c. Provide older homeowners with a means of obtaining rental income, companionship, security and services, and thereby to enable them to stay more comfortably in homes and neighborhoods they might otherwise be forced to leave. (Amended by 10/18/04 Special Town Meeting; approved by Attorney General 1/27/05) (Amended by 10/15/07 STM; approved by Attorney General 1/23/08)
2.Accessory Apartments by Special Permit
The Zoning Board of Appeals may grant a Special Permit for the alteration of a single family dwelling to include an accessory apartment in any residential district, subject to the following provisions:
a. The apartment will be a complete, separate housekeeping unit that functions as a separate unit from the principal dwelling.
b. The accessory apartment shall contain not more than one (1) bedroom and one (1) bathroom; shall not exceed 900 S.F. of gross floor area or 25% of total gross floor area, whichever is greater. (Amended by 10/15/07 STM; approved by Attorney General 1/23/08)
c. Any new outside entrance to serve an accessory apartment shall be located on the side or in the rear of the building.
d. The apartment shall not be held in, or transferred into separate ownership from the principal dwelling under a condominium form of ownership, or otherwise.
e. The lot, and the dwelling units thereon, shall not be used in any way for any commercial purpose or activity, regardless of other provisions of this bylaw.
f. At least one parking space is available for use by occupants of the Apartment.
g. In the RRA, RRB and RRC Districts, accessory apartments shall not be allowed in single-family dwellings located on lots that are nonconforming for lack of required lot area, unless said lot is at least 15,000 square feet in size. Accessory apartments shall also not be allowed in single-family dwellings located on lots developed under Section IX.A. (OSPZ) of the zoning bylaw, unless the lot is at least 15,000 square feet in size. (Amended by 10/15/07 STM; approved by Attorney General 1/23/08)
h. The alterations shall be limited to only one (1) structure on the lot, the principal dwelling. If the dwelling is located on a lot that does not conform to the dimensional requirements of this bylaw, then the alterations shall not expand the footprint or the envelope of the building, as it existed on the effective date of this bylaw, by more than 25%, or 500 square feet, whichever is greater. (Amended by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02) (Amended by 10/16/06 Special Town Meeting; approved by Attorney General 1/4/07)
i. The record owner of the lot shall reside on the property, in either the principal dwelling or the accessory apartment. (Amended by 10/15/07 STM; approved by Attorney General 1/23/08)
j. The sanitary disposal system for the accessory in-law apartment and principal structure shall comply with the applicable Ipswich Board of Health and Title V regulations, provided that, compliance of the sanitary disposal system shall not require the application of Subpart E of 3 10 CMR 15.00, or shall be served by Town sewer.
k. Utilities such as water, electric, and gas necessary for the accessory apartment shall be extensions of the existing utilities serving the principal single-family dwelling. No new utility services or meters shall be installed for the use of the accessory apartment. (Amended by 10/20/08 Special Town Meeting; approved by Attorney General 1/28/09)
l. The Special Permit shall be issued to the record owner of the lot and shall specify that the owner must occupy one of the dwelling units.
m. The Special Permit shall be recorded at the Registry of Deeds or Land Court against the title of the record owner of the lot. Prior to the issuance of a building permit, the applicant must submit proof of the recording of the special permit. (Amended by 10/16/06 Special Town Meeting; approved by Attorney General 1/4/07)
n. Prior to the issuance of a permit, the owner(s) must notify the Building Inspector in writing that the owner will occupy one of the dwelling units on the premises as the owner's permanent/primary residence, except for bona fide temporary absences.
o. When a structure which has received a Permit for an accessory apartment is sold, the new owner(s), if they wish to continue to exercise the Permit, must within thirty (30) day of the sale, submit a sworn and notarized written statement to the Building Inspector stating that they will occupy either the principal dwelling or the accessory apartment on the premises as their primary year-round residence or their sole seasonal residence. This statement shall be listed as a condition on any permits that are issued under this Section. (Amended by 10/20/08 Special Town Meeting; approved by Attorney General 1/28/09)
p. No more than one accessory (1) apartment shall be allowed within a single-family dwelling.
q. The creation of an accessory apartment within a principal single-family residence must be done so that the accessory apartment either shares a common floor-ceiling assembly with the principal dwelling or a common wall connector as defined in Section III. of this zoning bylaw. (Amended by 10/20/08 Special Town Meeting; approved by Attorney General 1/28/09)
Violation of any of the above provisions shall be subject to enforcement by the Building Inspector in accordance with the provisions of Section XI, ADMINISTRATION of the zoning bylaw. (Section "J" added by 4/5/99 Special Town Meeting; approved by Attorney General 8/2/99) (Amended by 10/18/04 Special Town Meeting; approved by Attorney General 1/27/05) (Amended by 10/17/05 STM; approved by Attorney General 12/12/05)
(Added by 10/17/05 Special Town Meeting; approved by Attorney General 12/12/05)
1. Purpose
The purpose of this section is to preserve and enhance the Town's cultural, economic and historical resources by providing for a detailed review of certain changes in land use, the appearance of structures and the appearance of sites which may affect these resources.
The review procedures are intended to:
a. Enhance the social and economic viability of the Town by preserving property values and promoting the attractiveness of the Town as a place to live, visit and shop;
b. Encourage the conservation of buildings and groups of buildings that have aesthetic or historic significance;
c. Discourage construction that is incompatible with the existing environment; and
d. Encourage creativity and variety in future development.
2. Applicability and Authority
Design Review in accordance with this section shall be required for:
a. Any community facility, commercial, industrial or business buildings which require site plan review or special permit approval;
b. New construction, exterior alteration, or expansion of buildings associated with a special permit application for a Great Estates Preservation Development; and
c. Any special permit application for a multi-family dwelling or multi-family development.
3. Design Review Board
In accordance with the provisions of Chapter 40A of the Massachusetts General Laws, a Design Review Board is hereby established. The Design Review Board shall review applications for all actions that are subject to the provisions of this section and shall make recommendations to the appropriate permit granting authority concerning the conformance of the proposed action to the design review standards contained herein. The Design Review Board shall consist of five members, with the following qualifications, if possible: two registered architects, landscape architects or persons with equivalent professional training; one resident who is either a business or commercial property owner/operator, or is a member of an organization representing Ipswich business owners; and one residential property owner. Appointments to the Design Review Board shall be made as follows:
(1) Two members shall be appointed by the Planning Board;
(2) One member shall be appointed by the Historical Commission;
(3)Four members shall be appointed by the Board of Selectmen, two of whom shall be alternates.
The terms of all members and alternate members of the Design Review Board shall be three years, except that when the Board is originally established, members shall be appointed as follows: the Planning Board shall appoint one member to a one-year term and one member to a two-year term; the Selectmen shall appoint one member for a two-year term and one member for a three-year term, and the Historical Commission shall appoint one member for a three-year term. The term of the alternates appointed by the Board of Selectmen shall be one and two years when the Board is originally established.
4. Procedures
Applications for all actions subject to review by the Design Review Board shall be made by submitting a complete application form along with the required application materials to the Planning Department, where forms may be obtained. The application shall be submitted either simultaneously with, or prior to, the submittal of the associated site plan review or special permit application.
a. Submittal: The applicant shall be responsible for submitting the following materials and documentation at the time of application:
(1) Completed Design Review Board application;
(2) Color photographs showing existing buildings and site conditions on and adjacent to the proposed project area;
(3) Building elevations showing the proposed configuration, building materials and colors, and adjacent site/building conditions;
(4) Plans showing the footprint and relationships of structures, including relationship to structures on contiguous lots, exterior circulation and points of entry;
(5) Full lot and building section, including relationship of building height and street width;
(6) Other plans, including landscaping, renderings, models, and detailed drawings which may be necessary to demonstrate what design attributes are being addressed.
Plans shall be to scale and no smaller than fifty (50) feet to the inch. The Design Review Board may waive any and all of the requirements for design submittal and review.
b. Time for Review: Upon receipt of an application for design review, the Design Review Board shall meet with the applicant within twenty-one (21) days. The Design Review Board shall transmit its recommendations in writing to the applicant and the Planning Board within thirty-five (35) days of receipt of the application. Failure by the Design Review Board to make and transmit its recommendation within the thirty-five (35) day period allocated shall be considered a recommendation for approval of the application as submitted, unless the applicant was granted an extension in a public meeting or in writing. Applicants are strongly encouraged to request a preliminary consultation with the Design Review Board prior to submission of a formal application for design review. The purpose of a preliminary meeting is to discuss design alternatives during the early planning stages. Such a request may be made by submitting one or two preliminary design alternatives in rough sketch form to the Planning Office, which shall immediately transmit them to the Design Review Board. The Design Review Board shall meet with those requesting preliminary consultations within twenty-one (21) days of receipt of a written request.
c. Exemption: No design review shall be required in those instances where the Design Review Board determines that specific actions subject to paragraph 2. above do not constitute substantial alterations to the form or appearance of a building or site, and where no new or additional requirements of the Zoning Bylaw must be met for the proposed action.
d. Recommendation: If the special permit granting authority elects to disregard the recommendation of the DRB, it shall explain its rationale for taking such action in its decision and/or minutes.
5. Design Review Principles and Standards
The design review principles and standards described in this section are intended to guide the applicant in the development of site and building design and the Design Review Board in its review of proposed actions. These principles and standards shall not be regarded as inflexible requirements and they are not intended to discourage creativity, invention or innovation. Compatibility as used below does not demand conformity or homogeneity. The Design Review Board is specifically precluded from mandating any official aesthetic style for Ipswich or for imposing the style of any particular historical period. The design review principles and standards shall apply to all actions reviewable under paragraph 2. above.
a. Standards: When reviewing an application, the Design Review Board shall consider the guidance of the Town Character Statement, as well as the following standards:
(1) Height The height of any proposed alteration should be compatible with the style and character of the building, structure or site being altered and that of the surroundings.
(2) Proportions The proportions and relationships of height to width between windows, doors, signs and other architectural elements should be compatible with the architectural style and character of the building or structure and that of the surroundings.
(3) Relation of Structures and Spaces The relation of a structure to the open space between it and adjoining structures should be compatible with such relations in the surroundings.
(4) Shape The shape of roofs, windows, doors and other design elements should be compatible with the architectural style and character of a building or site and that of its surroundings.
(5) Landscape Any proposed landscape development or alteration should be compatible with the character and appearance of the surrounding area. Landscape and streetscape elements, including topography, plantings and paving patterns, should provide continuity and definition to the street, pedestrian areas and surrounding landscape.
(6) Scale The scale of a structure or landscape alteration should be compatible with its architectural or landscape design style and character and that of the surroundings. The scale of ground-level design elements such as building entryways, windows, porches, plaza, parks, pedestrian furniture, plantings and other street and site elements should be determined by and directed toward the use, comprehension and enjoyment of pedestrians.
(7) Directional Expression Building facades and other architectural and landscape design elements should be compatible with those of others in the surrounding area with regard to the dominant vertical or horizontal expression or direction related to use and historical or cultural character, as appropriate.
(8) Architectural and Site Details - Architectural and site details including signs, lighting, pedestrian furniture, planting and paving, along with materials, colors, textures and grade should be treated so as to be compatible with the original architectural and landscape design style of the structure or site and to preserve and enhance the character of the surrounding area. In the downtown business districts, these details should blend with their surroundings to create a diverse, functional and unified streetscape.
(9) Signs - The design of signs should reflect the scale and character of the structure or site. Signs should simply and clearly identify individual establishments, buildings, locations and uses, while remaining subordinate to the architecture and larger streetscape. The choice of materials, color, size, method of illumination and character of symbolic representation on signs should be compatible with the architectural or landscape design style of the structure or site.
(10) Garages and Accessory Buildings Garages and accessory buildings should be sensitively integrated into the overall development, and should not be the predominant design feature when viewed from the street.
In addition to the design review standards described above, the Design Review Board shall develop additional guidelines providing further detail and illustration of these design review standards. The guidelines, when developed, will be made available to the public upon request from the Planning Office.
6. Rules and Regulations
The Design Review Board shall promulgate and publish such Rules and Regulations as are deemed appropriate and consistent with the provisions of this bylaw.
