AGENDA
TUESDAY
January 12, 2010
6:30 PM Update re: Planning Board Goals of 2009 and discussion re: Planning Board Goals for 2010.
7:00 PM Public Hearing on the changes & additions to the proposed Amendments to the Zoning Ordinance as effected by the first public hearing.
SEE SEPARATE NOTICE – BELOW
7:30 PM +/- TOWNES FAMILY TRUST
Adjourned from 12/08/09
Public Hearing/Major Subdivision/2 Lots
Location: South Hill Road
Tax Map/Lot # 13/55
Residential-Agricultural “R-A” District
8:00 PM This will be an informational session with Vista Road LLC, to discuss options re: frontage and potential subdivision of Tax Map/Lot #6/33, Wilson Hill Road.
8:30 PM +/-Miscellaneous business that may come before the Board and/or Planning Board discussions.
Note: Meetings are held in the Town Hall conference room and are open to the public.
PUBLIC NOTICE
TOWN OF NEW BOSTON, N.H.
New Boston Planning Board
Notice of Public Hearing
Zoning Ordinance & Building Code
Notice is hereby given of Public Hearings to be held in the New Boston Town Hall starting at 7:00 P.M. on Tuesday, January 12, 2010. The purpose of the hearings is to consider changes and additions to the proposed amendments to the Zoning Ordinance and Building Code, as effected at the first public hearing on December 22, 2009, as follows:
PUBLIC HEARING AT 7:00 P.M. ON PROPOSED CHANGES AND ADDITIONS TO THE AMENDMENTS TO THE ZONING ORDINANCE BY THE PLANNING BOARD:
ARTICLE II ESTABLISHMENT OF DISTRICTS AND DISTRICT REGULATIONS
Proposed new Section 204.10, "Workforce and Multi-Family Housing Overlay District".
Delete the Conditional Use Permit requirement and rename section "Standards for Workforce Housing".
Change the language regarding how to calculate the allowed resale value of workforce housing units.
Change the language to require submission of notification of a workforce housing project at the time of submission of a subdivision application.
Add a new section "Waiver of Specific and General Conditions for a "Workforce Housing" Project".
ARTICLE VI DEFINITIONS
Section 602 Term Definitions
Add a definition for Multi-Family Housing for the purpose of workforce housing developments.
Add a definition for Home Occupation.
COPIES OF THE FULL TEXT OF THE AMENDMENTS PROPOSED BY THE PLANNING BOARD ARE AVAILABLE at the Town Hall Planning Department free of charge, during regular business hours, are posted in the Town at TD Bank, Whipple Free Library, Post Office, Dodge's Store, Town Hall Lobby, and Planning Dept. bulletin board for viewing only, and will be available at the public hearing.
12/23/09 New Boston Planning Board
TOWN OF NEW BOSTON
New Boston Planning Board
Proposed Amendments
to the
Town of New Boston Zoning Ordinance
and Building Code
for Consideration
at the
Ballot Vote of March 9, 2010
THE FOLLOWING ARE THE CHANGES AND ADDITIONS TO THE PROPOSED AMENDMENTS TO THE ZONING ORDINANCE AS EFFECTED AT THE FIRST PUBLIC HEARING ON 12/22/09. ADDITIONS ARE IN BOLD ITALIC TYPE.
DELETIONS ARE IN STRIKETHROUGH TYPE.
AMENDMENTS TO THE ZONING ORDINANCE
Proposed Amendment #1.
ARTICLE II: ESTABLISHMENT OF DISTRICTS AND DISTRICT REGULATIONS
Add a new Section 204.10 Workforce and Multi-Family Housing Overlay District
Objective and Characteristics
The purpose of this district is to provide reasonable and realistic opportunities for the development of workforce housing within New Boston in accordance with RSA 674:59 and the housing goals of the Master Plan. The overlay district provides standards and safeguards to ensure that a percentage of the residential housing developed meets the criteria for workforce housing as defined in RSA 674:58. Areas that would typically be appropriate for workforce housing under this overlay district include those with good road access, slopes less than 15 percent on a majority of the parcel, and soil conditions suitable for the level of development proposed.
Uses
Permitted Uses |
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1. One family dwelling |
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2. Two family dwelling |
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3. Multi-family dwelling* |
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4. Accessory building or use |
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Area and Dimensions
Minimum Lot Size |
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Frontage |
Minimum Yard Dimensions |
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Use |
Area |
Width |
Front |
Each Side |
Rear |
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One & Two-family** |
1.5 ac. |
150' |
50' |
20' |
20' |
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Multi-family |
2.5 ac.*** |
200' |
50' |
50' |
50' |
* Home Business shall not be permitted to occur in multi-
family dwellings. Home occupations, as defined in the Open Space Development standards (Article IV, Section 401.2,F), shall be permitted in multi-family dwellings.
** Two-family dwellings in the workforce and multi-family housing overlay district may be permitted on a lot the same size as that for a One-family dwelling with the limitation of six (6) bedrooms for the Two-family dwelling.
*** 2.5 acres for the first three (3) units, plus 0.5 acres
for each additional dwelling unit up to a maximum of
twelve (12) dwelling units.
Notes: All lots shall accommodate a square, equal to the width of its minimum frontage requirement, at the 50' setback line and parallel to the road.
All lots shall meet all other local, state or federal requirements, including those of the NH DES Subsurface System Bureau.
Conditional Use Permit Standards for Workforce Housing
A Conditional Use Permit may be granted by the Planning Board (RSA 674:21,II) for the construction of Workforce Housing provided that all of the following conditions are found to exist:
a. The Workforce and Multi-Family Housing Overlay District shall apply only as an overlay in the Residential-One (R-1) and Residential-Agricultural (R-A) Districts.
b. At least 50 percent of the residential units created as part of a development under the workforce and multi-family housing overlay district shall meet the affordability criteria as defined in RSA 674:58 with the minimum number of workforce housing units being one.
c. The architecture shall be consistent with the rural character of the Town.
d. Workforce Housing Units for Sale
- The minimum living space per Workforce Housing Unit for sale shall be 850 square feet.
- The living space of Workforce Housing Units for sale shall not be increased by more than 20 percent in any 10 year period.
- All Workforce Housing Units for sale shall be sold with deed restrictions to remain in effect for at least 15 years. The deed restrictions shall limit the resale value of the units to not more than the purchase price
plus the accumulated change in the HUD index or that price which would qualify the dwelling units under RSA 674:58-61, as may be amended, and applied at the time of resale whichever is greater. Any sale not meeting this standard may be enjoined.
2. An applicant who applies to the Planning Board for approval of a workforce housing development using the Workforce and Multi-Family Housing Overlay District shall notify the Planning Board in writing of the intention to provide workforce housing as required by RSA 674:60. Notification shall occur within 30 days of application for subdivision and should shall be concurrent submitted with the application.
3. The applicant shall provide evidence to the Planning Board that the subject parcel has good road access.
4. The applicant shall provide evidence to the Planning Board that the subject parcel has slopes less than 15 percent on at least 50 percent of the parcel.
5. The applicant shall provide evidence to the Planning Board that the subject parcel contains soil conditions suitable for the level of development proposed.
6. The applicant shall provide a feasibility study and assessment by a NHHFA-approved vendor to verify that the proposed development can support the construction of workforce housing units at the current market affordability criteria.
7. The applicant shall disclose the intention to apply for third party subsidy(-ies).
8. Upon approval of a development under the Workforce and Multi-Family Housing Overlay District, the applicant shall have 30 days from the date of approval to review the conditions of approval. One 30-day extension may be granted by the Planning Board at the Board’s discretion upon written request by the applicant.
9. The procedure shall then follow RSA 674:60,III,a-d.
Waiver of Specific and General Conditions for a "Workforce Housing" Project
The Planning Board is hereby empowered to approve a project and waive any or all of the above listed standards, but only when it has been demonstrated that construction of a "workforce housing project", (as that term is defined above), is incapable of being feasibly constructed because of those standards for economic reasons. In making such a determination, however, the Planning Board shall not allow the construction of any project when the same will not comply with reasonable standards related to environmental protection, water supply, sanitary disposal, traffic safety, and fire and life safety protection. Further, the Board, in making such waiver, shall grant only the minimum waiver(s) demonstrated to be necessary to render the project economically feasible.
An applicant seeking to request a waiver under this section shall apply for the same to the Planning Board according to the procedure set forth in the Non-Residential Site Plan Review Regulations. When making that application, the applicant shall provide sufficient information to the Board to demonstrate the following, the burden for which shall be on the applicant:
- The proposed project is incapable of being feasibly constructed within the limitations identified in the specific and general criteria set forth in the above section of the ordinance for economic reasons and that the limitations do not permit any other sufficient realistic or reasonable opportunities to provide workforce housing; and,
- The granting of waivers will result in the project being feasible, economically and will allow for the construction of "workforce housing" units that are available to the target income group(s); and,
- The applicant will identify the general and specific standards for which a waiver is being sought and will provide appropriate documentation to demonstrate the manner in which the application of such general or specific standards is causing the project to be incapable of being feasibly constructed for economic reasons; and,
- The project design is such that it complies with all applicable standards related to environmental protection, water supply, sanitary disposal, traffic safety, and fire and life safety protection; and,
- The project is "affordable" within the meaning of this ordinance and/or the statutory workforce housing provisions found at RSA 674:58, et. seq.; and,
- The applicant has provided a suitable mechanism to insure that the housing stock proposed to be constructed will be available to persons of the target income group for a period not less than 15 years.
ARTICLE VI DEFINITIONS
Section 602 Term Definitions
Add a definition of Multi-Family Housing for the purpose of workforce housing developments, as follows:
"Multi-Family Housing for the purpose of workforce housing developments, means a building or structure containing 5 or more dwelling units, each designed for occupancy by an individual household."
Proposed Amendment #14.
ARTICLE II ESTABLISHMENT OF DISTRICTS AND DISTRICT REGULATIONS
Section 204.4 "R-A" Residential-Agricultural
Amend the Objectives and Characteristics paragraph by deleting the words "...some land having slopes over 15%,..." in the second sentence, so that the sentence reads as follows: "Types of factors limiting development are the remoteness from the town center, some land having slopes of over 15%, poor town roads often difficult to travel on during the spring, and large areas not suitable for on-site sewage disposal."
Change Permitted Use #6 "Cluster Residential Development..." to "Open Space Development...".
Change the note that reads: "Home business shall not be permitted to occur in cluster residential developments." to read "Home business as defined in this ordinance shall not be permitted to occur in Open Space Developments. However, Home Occupations are permitted as defined in Article IV, Section 401, Open Space Development Standards.".
ARTICLE VI DEFINITIONS
Section 602 Term Definitions
Add a new definition for Home Occupation to read as follows:
"Home Occupation: Home Occupation shall be as defined in Section 401.2, F, of this Ordinance."
12/23/09
NS/
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