(Added by 10/20/08 Special Town Meeting; approved by Attorney General 1/28/09)

1.Purpose

The purpose of this subsection is to:

a. expand the Town's economic base by providing opportunities for appropriately sited and designed non-residential uses;

b. encourage the preservation and appropriate development of certain large properties in the RRA and RRC District;

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

d. protect the rural character and vistas of the Town's roads, especially its main corridors;

e. provide an alternative to the subdivision of a large tract for residences;

f. preserve open space for conservation or recreation use; and

g. protect natural features which are important to the character of the town.

2. Green Space Preservation Development District

To achieve the above purpose, this subsection establishes the Green Space Preservation Development District (GSPDD). The GSPDD is an overlay district, superimposed on the following parcels located in the Rural Residence A and Rural Residence C Districts, as shown on the official zoning map for the Town of Ipswich: Assessor's Map 20B, Lot 30A; Assessor's Map 20B, Lot 3 1; and Assessor's Map 21, Lot 28. Within this district all of the requirements of the underlying zoning district(s) continue to apply. The following uses shall be allowed by special permit and site plan approval from the Planning Board, subject to the standards described in subsections 3 through 9:

a. Miscellaneous professional and business offices and services;

b. Research offices or establishments devoted to research and development activities;

c. 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 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.

3. Density Standards

a. Floor Area of Development: 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 application of single-family zoning requirements under the "Town of Ipswich Rules and Regulations Governing the Subdivision of Land" and in accordance with Sections VI., I.X.A. and IX.I. of this zoning bylaw. The Applicant shall submit a "Yield Plan" which indicates the maximum number of lots achievable under a layout which generally complies with the 'Town of Ipswich Rules and Regulations Governing the Subdivision of Land, without altering any land areas in which such activity would be precluded by normal application of state and town laws and regulations governing wetlands and riverfront areas, or by the existence of floodplain areas. In unsewered areas, the Applicant shall provide evidence acceptable to the Planning Board that individual on-site wastewater treatment and disposal systems may be permitted and constructed to serve all the lots proposed under the "Yield Plan" as submitted. This evidence shall include a demonstration of suitable soil and groundwater conditions through representative sampling and testing of the buildable areas of the site by means and methods approved by the Board of Health and shall at a minimum consist of one determination of soil permeability and one observation of maximum ground water elevation per one acre of otherwise buildable land, such tests being distributed with reasonable uniformity over the site.

b. Additional Floor Space: If the proposed use(s) allowed in a GSPDD pursuant to 2. above provides more open space than is required by 5.c. of this subsection, then the new floor area to be developed on the lot may be increased by ten percent (10%) for every five percent (5%) of additional satisfactory open space provided.

c. Maximum Density: The total allowable floor area obtained through the application of the formulae described in sub-paragraphs a. and b. above, shall not exceed ten percent (10%) of the area of the lot.

4.Building Design Standards

When constructing or renovating buildings associated with uses allowed in a GSPDD pursuant to 2. above, the Applicant is encouraged to use green design and construction techniques that reduce consumption of natural resources such as water and energy, improve the efficiency and longevity of building systems, and minimize negative impacts on the environment and public health.

Applicants are also encouraged to choose building designs and materials that are attractive and which complement the natural landscape.

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 (i) a private central sanitary sewer system, notwithstanding the lot's location in a Water Supply District, and/or (ii) 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 use is proposed within a portion of the GSPDD that 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. 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 fifty (50%) percent of the lot shall either be:

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

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

(iii) 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;

(iv) 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 entitled CRITERIA FOR EVALUATING OPEN SPACE, adopted by the Planning Board and amended from time to time. At least a portion of the open space shall be available for use by the general public, unless the applicant demonstrates to the Planning Board's satisfaction why such access would be infeasible.

d. Dimensional Regulations:

(i)a minimum setback of one hundred (100) feet of naturally vegetated area shall be provided from all street lines and abutting lots. The required 100 foot buffer strip shall contain sufficient natural or landscape vegetation, i.e., dense evergreen over- and under-story, to effectively screen any development on the site that would otherwise be visible from the streets abutting the property. An entry drive, along with appropriate signage, may be permitted within the buffer strip. The Planning Board may 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.

(ii) the area developed for permitted uses, including buildings, parking, outdoor recreational structures, and areas paved for vehicular use, shall not exceed thirty percent (30%) of the total area of the lot. Walking or bicycle trails shall not be counted in the calculation of the (30%) limitation.

(iii) the development shall be subject to design review and site plan review in accordance with the provisions of Section IX.K. and Section X. of this bylaw, respectively.

(iv)newly constructed buildings in a GSPD shall be setback at least two hundred and fifty feet (250) from a public way.

e. Further Subdivision: After issuance of a special permit and site plan approval for any use(s) allowed pursuant to 2. above, and establishment of the required open space for said uses, as a whole, the subject property may be subdivided into lots which may be less than twenty-five (25) acres in size 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 (i) the special permit, and (ii) the site plan approval for the improvements on such portion of the site.

f. Phasing: Phasing of the uses allowed within a GSPDD, 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 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 a use(s) allowed in a GSPDD pursuant to 2. above 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 10. below.

The special permit application shall also be accompanied by twenty (20) copies of a site development report, which shall summarize how the proposed use(s) 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; a general inventory of all existing buildings, structures and existing trails; a detailed description of the proposed components of the development; a validated delineation of all wetlands and Riverfront areas on and within 100 feet of the site, and all buffer zones and subzones thereto on the site; 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) building design and materials, including exterior elevations of existing and proposed buildings; and (j) proposed nature of the commercial activity. 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 XI.J. of this zoning bylaw, and the standards, requirements, or conditions set forth in this IX.I., the Board shall review the special permit application in accordance with the following criteria: (1) the proposed use(s) within the GSPDD, by its design and layout, succeeds in preserving open space for conservation and/or recreation purposes and protecting natural features of the land which are important to the character of the town, especially the vistas of the road(s) upon which the GSPD takes its frontage; and (2) the use(s) proposed pursuant to this Section IX.O is compatible with any use on the property as of the date of the special permit application.

8. Preliminary Review

Prior to submitting a special permit application to the Planning Board for a use(s) in a GSPDD, 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 use(s) is proposed.

The preliminary concept plan should show: (a) the location, height, density, and architectural treatment of all proposed buildings; (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 GSPD; (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.

9. Advisory Opinion

Within ten days (10) of receipt of a special permit application for a use allowed in a GSPDD pursuant to 2. above, the Planning Board shall transmit copies of the application to the aforementioned Development Review Committee, which shall review the application and submit their recommendations to the Planning Board within forty-five (45) days of the referral of the application.