1996-03-05- to 1996-05-15 ATM-min

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• 24s,\ 16 Article 29 Section 9. Residential Developments 9.6.4.2 IMPROVEMENTS BENEFITTING ADJACENT NEIGHBORHOOD Qualifying improvements shall generally include those that benefit the adjacent neighborhood or are provided on the site. If the Planning Board first determines that the type of improvements listed in 9.6.4.1. are not needed or cannot be provided in the adjacent neighborhood,or on the site,the Planning Board may consider instead a financial contribution to one or more Town funds established for the purposes listed in 9.6.4.1. 9.6.4.3 IMPROVEMENTS NOT QUALIFYING AS SIGNIFICANT PUBLIC BENEFIT A significant public benefit shall not include any required improvement identified elsewhere in this By-Law or in subsection 3.6 of the Subdivision Regulations,such as,but not limited to,any facility,infrastructure,or restriction on the development of land in relationship to the development of land and buildings.A waiver from the requirements of the Subdivision Regulations or of the usual requirements of this By-Law for a conventional subdivision shall not be considered to be a significant public benefit. 9.6.5 CRITERIA FOR APPROVAL Prior to the approval of a development with a significant public benefit,the Planning Board shall determine, in addition to the findings and determinations required by paragraph 3.4.2 of this By-Law,and paragraph 9.5.5, criteria for approval of a cluster subdivision or a special residential development, that the proposed development meets the following criteria: ' a. that there are sufficient benefits to the adjacent neighborhood and the town generally to warrant an increase in the maximum development permitted; and b. that legally binding documents have been submitted to ensure the completion and continued availability of any proposed improvement-or special condition that qualifies as a significant public benefit. 9.6.6 SPECIAL PERMITS,TYPES OF HOUSING,DIMENSIONAL STANDARDS,WAIVERS The Planning Board, acting as SPGA, and as part of the grant of a special permit with site plan review to approve a development with significant public benefit,may also grant any of the special permits described in subparagraph 9.5.6. 9.6.7 COMMON OPEN SPACE The public shall have access to all common open space in a development with significant public benefit.The provisions of paragraph 9.3.4.3 2) that allow common open space in a cluster subdivision or a special residential development to be owned by a legal association comprised of the owners of the development,which may exclude the public,shall not apply in a development with significant public benefit. 9.7 SPECIAL PERMITS: PROCEDURES. CRITERIA 9.7.1 SPS REQUIRED No residential development with three or more dwelling units shall be initiated without first obtaining a special permit with site plan review in accordance with the provisions of this section. The purpose of the special permit with site plan review is to provide detailed review of residential developments with three or more dwelling units which have a substantial impact upon the character of the town,adjacent residential areas and the provision of public facilities and services.