6.6 Cottage Era Estate Adaptive Re-Use or Rehabilitation
6.6.1 Purpose
The purpose of this section is to authorize the Board of Selectmen to permit, by Special Permit, the adaptive re-use or rehabilitation of certain Cottage Era Estates in the R-4 and R-2 Districts, while encouraging the preservation, restoration or improvement of the original features and character of their principal buildings, associated outbuildings and structures, open spaces, views, landscape features, gardens and recreational facilities. Any Special Permit issued pursuant to this section may authorize new construction, provided that such construction is harmonious with such original features of the Cottage Era Estate.
6.6.2 Applicability
The Board of Selectmen may issue a Special Permit pursuant to this section to authorize any, or a combination of, the following uses as part of an adaptive re-use or rehabilitation of a Cottage Era Estate, whether or not such uses are otherwise permitted under section 4.11:
a. One-family dwelling, as provided in section 4.11.A.1.
b. Open space recreational use, as provided in section 4.11.A.12.
c. Hotel or restaurant where food is served primarily for consumption within the building, as provided in section 4.11.A.16.
d. Commercial greenhouse, nursery, or landscape gardening, as provided in section 4.11.A.27.
e. Agriculture, viticulture, horticulture or floriculture satisfying the requirements of section 4.11.A.28.
f. Conference and retreat facilities, including facilities for private parties and weddings.
g. Studio where artists can work and display their art.
6.6.3 Procedure
a. The procedure for review and approval of a Special Permit under this section shall be as set forth in this section and section 6.3.
b. An applicant seeking a Special Permit pursuant to this section shall be required to submit to the Board of Selectmen a site plan for any proposed use to be authorized by Special Permit pursuant to this section. In addition to the application and site plan data required for a Special Permit by other sections of this Bylaw, the applicant shall submit the following information, if applicable, to the Board of Selectmen for its review:
Except when the re-use or rehabilitation involves only minor changes in architectural features, a site plan shall contain property lines, the buildings' footprints, significant site features such as fences, masonry walls, walkways, driveways and other accessory uses;
All adaptive re-use or rehabilitation involving (i) new construction at a Cottage Era Estate, or (ii) a change to the exterior of a building, shall require a façade elevation drawing for every façade elevation that is being changed or re-designed, showing such proposed changes or new designs. Each change or new element and all new materials shall be clearly identified on the elevation.
c. Any Special Permit issued pursuant to this section may contain conditions, safeguards or limitations, pursuant to section 6.3.7, restricting the number of persons who may be on the premises at any one time.
6.6.4 Required Findings
The Board of Selectmen may issue a Special Permit pursuant to this section only if it finds that:
a. The property qualifies as a Cottage Era Estate, as defined in section 2.2;
b. The Lot on which the proposed use(s) will be located is at least 75 percent of the total combined area of all contiguous land held in common ownership with the Lot on the effective date of this section and has at least 75 percent of the total combined frontage of all contiguous land held in common ownership within the Lot on the effective date of this section;
c. No new structures will be erected in the area between the two shortest lines beginning at a point on either side of the principal building closest to its respective side lot line and extending to a street upon which the lot has frontage;
d. The proposed use will alter existing buildings, structures, or grounds to the least extent practicable;
e. The distinguishing original qualities or character of the principal building will not be destroyed; and the removal or alteration of stylistic features or examples of skilled craftsmanship that characterize a building or structure or the grounds will be treated with sensitivity;
f. Except as specifically authorized by the Special Permit, no historic material or distinctive architectural features will be removed or altered;
g. Except as specifically authorized by the Special Permit, deteriorated architectural features will be repaired rather than replaced; and, in the event replacement is authorized, the new material will match the material being replaced in composition, design, color, texture, and other visual qualities;
h. Repair or replacement of missing architectural features will be based to the extent practicable on accurate duplications of features, substantiated by historic, physical, or pictorial evidence;
i. All off-street parking will be screened from abutters and adjoining streets;
j. Unless required by the Building Code, no new detached structures will be erected within two hundred (200) feet of the principal building on the Lot, except for minor accessory structures, the function of which cannot be practicably achieved outside such two hundred (200) foot area;
k. Outdoor lighting will be kept to the minimum intensity needed. All outdoor lighting fixtures or lamps will be shielded in such a manner that:
The edge of the lamp shield is below the light source;
Direct radiation (glare) from the light source is confined within the boundaries of the property;
Direct radiation is prevented from escaping toward the sky; and
No high intensity discharge lighting will be used; and
l. The proposed use(s) will meet all applicable standards set forth elsewhere in this Bylaw.
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