[Amended 5-2-1977 ATM, Art. 13 (Amdt. No. 50)]
[Amended 5-22-1988 ATM, Art. 22 (Amdt. No. 71)]
Special permits shall only be issued following
public hearings held within 65 days after filing of an application
with the Town Clerk. A copy of the application shall be given to the
special permit granting authority, hereinafter referred to as "SPGA."
A copy of the rules of the Board shall be filed with the Town Clerk
as provided by law (MGL c. 40A, § 9).
[Amended 5-2-2005 ATM, Art. 25 (Amdt. No. 153)]
A special permit shall lapse within two years
from the grant thereof if a substantial use thereof has not sooner
commenced except for good cause, or in the case of permit for construction
if construction has not begun by such date except for good cause.
Such two years shall be extended by the time required to pursue or
await the determination of an appeal from the grant thereof to the
Land Court or Superior Court under law. (MGL c. 40A, § 17).
Uses, whether or not on the same parcel as activities
permitted as a matter of right, accessory to activities permitted
as a matter of right, which activities are necessary in connection
with scientific research or issuance of a special permit, provided
that a finding is made that the proposed accessory use does not substantially
derogate from the public good.
[Amended 5-22-1988 ATM, Art. 22 (Amdt. No. 71)]
If the Board of Appeals or Planning Board, as
the case may be, has failed to take final action upon an application
for a special permit within 75 days following the date of public hearing,
the applicant shall so notify the Clerk of such Board and the Town
Clerk; failure to give such notice shall be deemed a waiver by the
applicant of his right to deem the permit to be granted for failure
to take final action within 90 days. The required time limits for
a public hearing and for a decision may be extended by written agreement
between the petitioner and the SPGA.
A.
Special permits may impose conditions, safeguards
and limitations on time and use. They may be issued only for uses
which are in harmony with the general purpose and intent of this chapter
and shall be subject to general or specific provisions set forth in
this chapter.
[Added 5-2-1977 ATM, Art. 13 (Amdt. No. 50)]
B.
Such conditions may include, if reasonably appropriate
to safeguard the neighborhood, or otherwise serve the purpose of this
chapter, the following:
[Added 5-4-1981 ATM, Art. 18 (Amdt. No. 58)]
(1)
Front, side or rear yards greater than the minimum
required by this chapter.
(2)
Screening buffers or planting strips, fences or walls.
(3)
Modification of the exterior appearance of the structures.
(4)
Limitation upon the size, number of occupants, method
and time of operating for the duration of permit or extent of facilities.
(5)
Regulation of number and location of driveways, or
other traffic features and off-street parking or loading, or other
special features beyond the minimum required by this chapter.
C.
Such conditions shall be imposed in writing, and the
applicant may be required to post bond or other security for compliance
with said conditions in an amount satisfactory to the Board.
[Added 5-4-1981 ATM, Art. 18 (Amdt. No. 58)]
[Added 5-4-1981 ATM, Art. 18 (Amdt. No. 58)]
Uses shall not be granted under a special permit
unless the following are found by the Board:
A.
The requested use is essential or desirable to the
public convenience or welfare.
B.
The requested use will not overload any public water
or other municipal system so as to unduly subject any area to hazards
affecting health, safety or the general welfare.
C.
The requested use will not impair the integrity or
character of the district or adjoining districts.
D.
The requested use will not cause an excess of that
particular use which could be detrimental to the character of the
neighborhood.
[Added 6-15-1998 ATM, Art. 25 (Amdt. No. 124)[1]]
A.
Authority. This bylaw is enacted pursuant to MGL c.
40A and pursuant to the Town's authority under the Home Rule Amendment
to the Massachusetts Constitution to serve the compelling Town interests
of limiting the location of and preventing the clustering and concentration
of certain adult entertainment enterprises, as defined and designated
herein, because of their deleterious effect in generating crime and
blight.
B.
Purpose.
(1)
It is the purpose of the Adult Entertainment Overlay
District to address and mitigate the secondary effects of the adult
entertainment establishments and sexually oriented businesses that
are referenced and defined herein. Secondary effects have been shown
to include increased crime, adverse impacts on public health, adverse
impacts on the business climate of the Town, adverse impacts on the
property values of residential and commercial properties, and adverse
impacts on the quality of life in the Town. All of said secondary
impacts are adverse to the health, safety and general welfare of the
Town of Georgetown and its inhabitants.
(2)
The provisions of this bylaw have neither the purpose
nor intent of imposing a limitation on the content of any communicative
matter or materials, including sexually oriented matter or materials.
Similarly, it is not the purpose or intent of the bylaw to restrict
or deny access by adults to adult entertainment establishments or
to sexually oriented matter or materials that are protected by the
Constitutions of the United States of America or of the Commonwealth
of Massachusetts, nor to restrict or deny rights that distributors
or exhibitors of such matter or materials may have to sell, rent,
distribute or exhibit such matter or materials. Neither is it the
purpose or intent of this bylaw to legalize the sale, rental, distribution
or exhibition of obscene or other illegal matter or materials.
C.
ADULT ENTERTAINMENT USES
(1)
(2)
(3)
(4)
(5)
Definitions. As used in this bylaw, the following
terms shall have the meanings indicated:
Include the following:
Adult bookstores, as defined by MGL c. 40A,
§ 9A;
Adult Motion Picture Theaters, as defined by
MGL c. 40A, § 9A.
Adult Paraphernalia Store, as defined by MGL
c. 40A, § 9A;
Adult video store, as defined by MGL c. 40A,
§ 9A;
Establishment which displays live nudity for
its patrons, as defined by MGL. c. 40A, § 9A.
D.
Adult entertainment uses by special permit in the
Adult Entertainment Overlay District.
(1)
Notwithstanding any other provision in this bylaw
to the contrary, adult entertainment uses shall be prohibited in all
zoning districts in the Town of Georgetown except at National Avenue
for the entire length of the road, which shall be designated as the
Adult Entertainment Overlay District, and shall overlay the underlying
Industrial B District. Such uses may be permitted in the Adult Entertainment
Overlay District only upon issuance of a special permit by the Zoning
Board of Appeals. Such a special permit shall not be granted unless
each of the following standards has been met.
(a)
The application for special permit for an adult
use shall provide the name and address of the legal owner of the establishment,
the legal owner of the property, and the manager of the proposed establishment.
(b)
No adult use special permit shall be issued
to any person convicted of violating the provisions of MGL c. 119,
§ 60 or MGL c. 272, § 28.
(c)
Location.
[2]
The distances specified above shall be measured
by a straight line from the nearest property line of the premises
on which the proposed adult entertainment use is to be located to
the nearest boundary line of a residential zoning district or to the
nearest property line of any of the other designated uses set forth
above.
(d)
All building openings, entries and windows shall
be screened in such a manner as to prevent visual access to the interior
of the establishment by the public.
(e)
Screening and buffering: A five-foot-wide landscaped
buffer shall be provided along the side and rear property lines of
an adult use establishment consisting of evergreen shrubs or trees
not less than five feet in height at the time of planting, or a solid
fence not less than six feet in height.
(f)
No adult use shall be allowed to display for
advertisement or other purpose any signs, placards or other like materials
to the general public on the exterior of the building or on the interior
where the same may be seen through glass or other like transport material
any sexually explicit figures or words as defined in MGL c. 272, § 31.
(g)
No adult use shall be allowed to disseminate
or offer to disseminate adult matter or paraphernalia to minors or
suffer minors to view displays or linger on the premises.
(h)
No adult use shall be allowed within a building
containing other retail, consumer or residential uses.
(i)
No adult use shall be allowed within a shopping
center, shopping plaza or mall.
(j)
The proposed adult entertainment use shall comply with the off-street parking requirements set forth in § 165-31 of the Zoning Bylaws.
(k)
No adult entertainment use shall have any flashing
lights visible from outside the establishment.
(l)
No adult entertainment use shall have a freestanding
accessory sign.
(m)
No adult entertainment use shall be established
prior to submission and approval of a site plan by the Planning Board.
The site plan shall conform to all requirements of site plan approval.
The site plan shall show the distances between the proposed adult
entertainment use and the boundary of the nearest residential zoning
district and the property line of each of the uses set forth in § 165-80D(1)(c)[1][a],
[b] and [c].
(2)
Hours of operation: The SPGA shall establish reasonable
hours of operation.
E.
Conditions. The special permit granting authority
may impose reasonable conditions, safeguards, and limitations on time
or use of any special permit granted and shall require that any such
special permit granted shall be personal to the applicant, shall not
run with the land, and shall expire upon sale or transfer of the subject
property.
F.
Expiration. A special permit to conduct an adult entertainment
use shall expire after a period of three calendar years from its date
of issuance and shall be automatically renewable for successive three-year
periods thereafter, provided that a written request for such renewal
is made to the special permit granting authority prior to said expiration
date and that no objection to said renewal is made and sustained by
the special permit granting authority based upon the public safety
factors applied at the time that the original special permit was granted.
G.
Retroactive application. Each adult use in existence
upon the effective date of this section shall apply for an adult use
special permit within 90 days of the adoption of this section.
H.
Severability. The provisions of this section are severable
and, in the event that any provision of this section is determined
to be invalid for any reason, the remaining provisions shall remain
in full force and effect.
[1]
Editor's Note: This amendment also repealed
former § 165-80, Adult bookstore special permits, added
5-2-1983 ATM, Art. 23 (Amdt. No. 60).
[Added 6-16-1997 ATM, Art. 42 (Amdt. No. 100)]
The Zoning Board of Appeals acting as a special permit granting authority (SPGA) may grant a special permit authorizing the construction and operation of a wireless communication facility in the Industrial B District after a public hearing conducted in accordance with § 165-74. In considering an application for a special permit, the applicant must show and the SPGA must find, in addition to the requirements set forth at § 165-79, that:
A.
Any proposed tower is monopole in design. Lattice
or tripod design towers or those requiring guy wires for support are
prohibited.
B.
Areas to be cleared of trees and vegetative growth
shall be shown clearly on the proposed plan and are only those areas
necessary for the construction, operation and maintenance of the wireless
communication facility. The use of chemical herbicides for vegetation
control is prohibited. The applicant shall be required to submit an
erosion control plan that prevents run-off on any sloping site. The
applicant may be required to plant a noise barrier of trees and vegetative
growth if any boundary of the wireless communication facility site
is within 500 feet of a residential home.
C.
Any proposed wireless communication facility is set
back from the property line at least a minimum distance equal to the
height of the facility, but in no case less than 100 feet. No wireless
communication facility may be constructed within 300 feet of a residential
home.
D.
The applicant is encouraged to share the use of all
wireless communication facilities with other service providers. No
special permit may be granted for a new wireless communication facility
unless the applicant shows that space on existing facilities is not
available. Any tower constructed shall be designed to accommodate
the maximum number of uses technologically practical. Service providers
may be encouraged to locate and disguise their facilities within steeples,
towers or other facilities.
E.
The visual impact of any wireless communication facility
is minimized. All towers shall be painted green to the height of the
tree line and painted silver or a galvanized finish above the tree
line to blend with the surrounding landscape.
F.
Access to any wireless communication facility is by
a roadway that respects the natural terrain. The roadway design must
be approved by the SPGA and the Fire Chief to assure emergency access
at all times. No access roadway may exceed a grade of 6%. Consideration
may be given for a design that minimizes erosion, construction on
unstable soils and steep slopes.
G.
Fencing is provided to control access to the base
of any wireless communication facility. The design of the fencing
shall be of a type compatible with the scenic character of the Town.
The use of barbed or razor wire is prohibited.
H.
Traffic associated with the wireless communication
facility does not adversely affect abutting ways.
I.
All wireless communication facilities, or parts thereof,
that remain unused for a period of two years must be dismantled and
removed at the owner's expense, with the site restored to its preexisting
condition.
J.
No night lighting of the wireless communication facility
is permitted unless required by the Federal Aviation Administration.
K.
All utility lines serving the wireless communication
facility are located underground and that the best available technology
is used to minimize noise emitted from the site.
L.
No signs or advertising may be placed on a wireless
communication facility except for "no trespassing" signs, and a single
sign stating where the owner and operator of the wireless communication
facility may be reached 24 hours every day.
M.
Where the applicant is not the owner of the land where
the wireless communication facility is proposed, the term of the special
permit will be limited to the term of the lease or other agreement
granting land use rights to the applicant.
N.
Any special permit granted shall authorize the Town
or its agents to enter the premises at any time for the purpose of
inspection.
O.
The applicant, upon issuance of the special permit,
shall post a cash or insurance bond to the Town guaranteeing completion
of construction in accordance with the permit. Said bond shall be
returned to the applicant when the SPGA determines that the wireless
communication facility has been completed in accordance with all special
permit conditions. The amount of the bond shall be determined by the
SPGA.
P.
The applicant, upon issuance of the permit, shall
post a cash or insurance bond to the Town guaranteeing the cost of
dismantling and removing the wireless communication facility and restoring
the site to its preexisting condition if the facility has not been
used in the previous 12 months. The amount of the bond shall be determined
by the SPGA.
Q.
The applicant shall carry insurance in a reasonable
amount to be determined by the SPGA, naming the Town of Georgetown
as an insured party, that shall indemnify and protect the Town from
defense costs and damages sought as a result of physical damage caused
by the wireless communication facility, damages caused by transmissions
or electrical interference and all other site liabilities. A certificate
of insurance shall be filed with the Town Clerk on an annual basis.
R.
The applicant shall file an annual report with the
Inspector of Buildings providing the current ownership of the wireless
communication facilities and showing all lessees that operate equipment
at the wireless communication facility site. Said report shall include
mail and telephone contact information for all owners and equipment
operators. The applicant shall report to both the Inspector of Buildings
and the SPGA any increase of use or cessation of use at the wireless
communication facility.
S.
The applicant shall provide an annual certification
by a Massachusetts licensed professional engineer showing that the
wireless communication facility complies with all current standards
of the Federal Aviation Administration and the American National Standards
Institute.
T.
The applicant is required to pay the fee of technical
experts chosen by the SPGA to assist with the review of plans and
applications in accordance with MGL c. 44, § 53G.
[Added 5-7-2007 ATM, Art. 29 (Amdt. No. 162)]
A.
Purpose. The purpose of this bylaw is to identify
and attempt to mitigate potential negative impacts to the Town of
Georgetown, such as to Town services, traffic patterns, the environment,
abutting properties, or the public health and safety, caused directly
or indirectly by major development.
B.
Application. The provisions of this section shall
apply to any of the following uses:
(1)
All new uses as defined by the Georgetown Zoning
Bylaw that generate 1,000 vehicle trips per day or more in the General
Commercial District, and/or 500 vehicle trips per day in any other
district.
(2)
All uses that create 50 or more dwelling units.
(3)
All subdivisions of land into 50 or more building
lots.
(4)
All new uses of 30,000 square feet or more.
C.
Reviewing authority. The special permit granting authority
for major development special permits shall be the Planning Board.
D.
Submittal requirements. Uses subject to this section shall require site plan approval in accordance with § 165-83 of this bylaw.
(1)
In addition to the submittal requirements for site plans in § 165-83 of this bylaw, the following additional information shall also be submitted:
(a)
Facade elevations of all sides of any new building
or structure or alterations to any existing building or structure.
(b)
Photographs showing the proposed building site
and abutting properties.
(c)
Plans for phased construction.
(d)
Contingency plans or bond relative to financial
ability to complete the project.
(e)
An impact statement prepared in accordance with
the Major Development Review Rules and Regulations for Impact Statements.
(2)
The SPGA may require an independent consultant,
contracted by the Town and paid for by the applicant, to perform a
peer review to review all or portions of the project's impact statement.
E.
Criteria for approval of a major development. The
special permit granting authority may issue a special permit for a
major development only after finding that the proposed project will
not adversely impact adjacent properties, the neighborhood, the Town,
or the environment. The following criteria shall be considered:
F.
Project decisions. Upon review of the project, the
SPGA shall:
[Added 5-1-1989 ATM, Art. 22 (Amdt. No. 79); amended 6-10-1991 ATM, Art. 20
(Amdt. No. 83); 5-2-2011 ATM, Art. 39 (Amdt. No. 176)]
Notwithstanding the requirements listed under § 365-6 of the Town Bylaws, not more than one building designed or available for use for residential, recreational, business, industrial, institutional or other use as described in the Use Regulations Schedule[1] shall be erected or placed or converted to such use on
any lot in Town without a special permit from the Board of Appeals
or, in instances where the Planning Board is the special permit granting
authority for the principle use of the property or for major project
reviews, the Planning Board shall be this special permit granting
authority.
[1]
Editor's Note: The Use Regulations Schedule is included at the end of this chapter.
[Added 11-13-1995 STM, Art. 9 (Amdt. No. 98)]
The Board of Selectmen and Planning Board may
jointly appoint an associate member to the Planning Board solely for
the purpose of acting upon special permit applications, when required,
as described in MGL c. 40A, § 9.
[Added 5-2-1977 ATM, Art. 13 (Amdt. No. 50); 5-4-1981 ATM, Art. 18
(Amdt. No. 58); 5-6-1985 ATM, Art. 21 (Amdt. No. 64); 6-15-1998 ATM, Art. 26 (Amdt. No. 125)]
A.
Purpose and conditions of approval. The purposes of
a site plan approval are to protect the health, safety, convenience,
and welfare of the inhabitants of the Town of Georgetown as well as
the natural resources that people depend upon by providing a comprehensive
review of land use and development plans to insure that the following
conditions have been met:
[Amended 5-2-2011 ATM, Art. 40 (Amdt. No. 177)]
(1)
The location of buildings, uses and other site development
are properly located on a site.
(2)
Adjacent properties are protected from nuisance caused
by noise, fumes and glare of lights, and from detracting visual features.
(3)
Unique man-made features, such as stone walls, and
significant natural features on a site are preserved as much as possible
(i.e., hills, water bodies, wetlands, trees, tree groves, wooded areas,
rock outcrops, native plants, wildlife habitats and other areas of
aesthetic and ecological interest).
(4)
Adequate parking, loading facilities, drainage and
methods of solid waste disposal are provided on-site.
(5)
Pedestrianways, access driveways, loading and parking
facilities are properly designed and operated for public convenience
and safety.
(6)
To maintain the village-like character of the Town
by considering the architectural style and its relation to the prevailing
character and scale of buildings in the neighborhood, proposed buildings
shall relate harmoniously with the surrounding area.
(7)
Water
resources are protected from depletion and contamination, including
drinking water supplies, watershed protection land, aquifers and the
Parker River and its tributaries.
B.
Projects requiring site plan approval.
(1)
Applicability. Except as otherwise exempted in accordance with Subsection C, no building permit for the construction, exterior alteration, relocation, occupancy, or change in use of any building shall be permitted and no new or existing use(s) shall be established or expanded in off-street parking or floor area except in conformity with a site plan approved by the Planning Board. Required approval includes, but is not limited to, proposals for commercial, industrial, office, multiple-family dwelling residential developments, municipal, institutional, utility, fraternal or recreational uses.
[Amended 5-2-2011 ATM, Art. 40 (Amdt. No. 177)]
(2)
Site plan approval shall also be required for the
resumption of any use discontinued or not used for more than two years,
or for the expansion of any existing use. "Expansion" shall include
a total floor area increase of more than 500 square feet or the introduction
of new materials or processes not previously associated with the existing
use.
[Amended 10-25-1999 STM, Art. 17 (Amdt. No. 141)]
C.
Exemptions from site plan approval. Site plan approval
shall not be required for:
(1)
The construction or enlargement of any single-family
or two-family dwelling, or building accessory to such use;
(2)
The construction or alteration of any building used
exclusively for agriculture, horticulture, or floriculture;
(3)
Construction or alteration providing for not more
than 500 square feet total floor area after construction;
(4)
Customary home occupations as defined in the Zoning
Bylaws.
(5)
Construction of single-family residential subdivisions;
[Amended 5-2-2011 ATM, Art. 40 (Amdt. No. 177)]
(6)
Construction
of any passive recreational trails or pathways; and
[Amended 5-2-2011 ATM, Art. 40 (Amdt. No. 177)]
(7)
Addition
or expansion of up to three off-street parking spaces.
[Amended 5-2-2011 ATM, Art. 40 (Amdt. No. 177)]
D.
Procedure.
(1)
Pre-filing review; filing of application.
(a)
Any person desiring approval of a site plan
shall first obtain an application for site plan approval. Prior to
filing a site plan application, the applicant is encouraged to review
the proposed site plan with the Town departments, boards and commissions
listed on the application. The purpose of this pre-filing review is
to review with the applicant the requirements and criteria for site
plan approval and address questions in order to give the applicant
advice and comments prior to submitting a site plan application and
thus avoid unnecessary time and costs to the applicant due to unforeseen
problems and issues with a submitted site plan.
(b)
At the time of filing, the applicant must submit
16 copies of a completed site plan application and 16 copies of the
site plan, conforming to all requirements listed in the section, along
with all pre-filing comments received, to the Planning Board. The
site plan application and plans will be date stamped by the Planning
Board and forwarded to all the Town departments, boards and commissions
listed on the application form for their review and comment. Two copies
of drainage calculations must be submitted to the Planning Board.
The applicant must file a copy of the site plan application with the
Town Clerk. Every effort shall be made to have all Town comments submitted
to the Planning Board within 30 days of receipt of a site plan approval
application and these comments shall be available to the applicant
and to the public.
(2)
(3)
An application for site plan approval shall also be
accompanied by the following:
(a)
An abutters list of names and addresses of all
property owners of record who share a common property line with any
portion of the property specified on the site plan approval application
and plan.
(b)
One copy of all applicable permits prior to the issuance of a building permit, approvals, variances and applications applied for and obtained for the project and property. If a variance or special permit is required for a project, it shall be obtained prior to the application for site plan approval described in § 165-83B. The Zoning Board of Appeals or special permit granting authority may request a site plan approval prior to making its decision.
(c)
Written permission from the owner of the property
to apply for site plan approval if the applicant is not the owner.
(4)
At least seven days prior to the date of the public
hearing, the Planning Board shall advertise the public hearing in
a newspaper of local circulation and shall send written notice by
first class mail to all abutters. The legal advertisement and abutter
notification shall include, at a minimum, the following information:
(a)
The name and, if applicable, the business name
and address of the applicant.
(b)
The street address and the assessor's map and
lot number of the property as specified on the site plan application
on which construction or expansion is planned.
(c)
A brief description of the type of construction
or expansion planned.
(d)
The designated Town office where the site plan
application can be reviewed.
(e)
The date, time and place of the public hearing.
(5)
Decision by Planning Board; failure to act; forwarding
of approved site plan to Building Inspector.
(a)
Final vote and decision on the site plan shall
be taken by the Planning Board after a public hearing has been held
and within 60 days of its submission to the Planning Board.
(b)
Failure of the Planning Board to act within
the above-prescribed 60 days shall be deemed as approval and it shall
forthwith make such endorsement on said plan and, on its failure to
do so, the Town Clerk shall issue a certificate to the same effect.
The applicant may request an extension for decision which may be granted
by the Planning Board.
(c)
The Planning Board shall forward one copy of
the approved site plan, signed by the Planning Board, to the Building
Inspector within five days of final Planning Board action.
(6)
Occupancy permits.
(a)
No occupancy permits shall be issued for any
building or structure, or portion(s) thereof, until:
[1]
The Planning Board receives an as-built plan
and certification from a registered architect, engineer and/or land
surveyor, as appropriate, that all construction (including utilities)
has been done in accordance with the approved site plan.
[2]
The Planning Board agent verifies that all conditions
of the approved site plan have been met with notice to the Building
Inspector.
[Amended 5-1-2006 ATM, Art. 38 (Amdt. No. 161)]
(b)
However, occupancy permits may be issued for
a portion of any building or structure, upon approval by the Planning
Board, if the only work left incomplete is the driveway top course
and landscaping; and surety, the amount to be set by the Planning
Board, is posted with the Town to ensure that the incomplete landscaping
and/or driveway top course is completed within a reasonable time.
(7)
The Planning Board may require peer review by outside
consultants and the expense shall be borne by the applicant. Peer
review may be required on any aspect of the plan.
E.
Contents of site plan.
(1)
The site plan shall contain the following:
(a)
Locus map.
(b)
Date.
(c)
North arrow.
(d)
Name, address, phone number of owner and of
design engineer.
(e)
Location of all wetlands and buffer zones, and
of floodplain.
(f)
Easements.
(g)
Coverage percentages of building and impervious
area.
(h)
The location and name of all streets and indicate
whether the street is a public or private way.
(i)
On-site and abutting lot lines.
(j)
Zoning lines.
(k)
Existing and proposed topography contour lines
at one- or two-foot intervals.
(l)
Information on the location, size and type and
number of existing and proposed landscape features. A proposed plant
list containing species/common name, and size/caliper shall be included
as well.
(m)
Information on the location, size and capacity
of existing and proposed on-site and abutting utilities (water, sewer,
drainage, electrical, cable, etc.).
(n)
Stormwater and infiltration facilities (detention areas, rain gardens,
treatment swales, etc.) and water conservation measures (cisterns,
rain barrels, etc.).
[Added 5-2-2011 ATM, Art. 40 (Amdt. No. 177)[2]]
[2]
Editor's Note: This article also redesignated former Subsection
E(1)(n) through (y) as Subsection E(1)(o) through (z), respectively.
(o)
The location and dimensions of all existing
and proposed buildings and uses on site, including sheds, dumpsters,
etc.
(p)
Elevation and facade treatment plans of all
proposed buildings. Color renderings are encouraged and may be required.
(q)
Information on the location, size and type of
parking, loading, storage and service areas.
(r)
Zoning and other applicable setback distances.
(s)
Zoning parking calculations.
(t)
Fire lane.
(u)
Details and specifications (if applicable) for
proposed site amenities, including, but not limited to, fences, walls,
other barrier materials; and special paving materials.
(v)
Limit of work delineation.
(w)
Maximum number of employees.
(x)
Signature box for Planning Board's approval
with five lines.
(y)
Sight distance, measured as and in compliance with Chapter 365, Subdivision Regulations of the Town of Georgetown, § 365-37H, Clear sight distance.
(z)
If any waivers are sought from the Planning
Board from this section, they shall be clearly listed with their descriptions
on the drawing.
(2)
The Planning Board reserves the right to request additional
information or plan details during the review process.
(3)
The plan shall be 24 inches by 36 inches in size.
The scale shall be a minimum of one inch = 40 feet, except for elevation
views which shall be at a scale of 1/8 inch = one foot or 1/4 inch
= one foot.
F.
The plans shall be legible, include legends, and,
if necessary for large or complex projects, the proposed layout, planting,
utility and grading for the site shall be separated into their own
respective drawings.
G.
The Planning Board may require additional information,
such as traffic impact and drainage design reports. The Planning Board
shall also, in this case, request a community impact assessment from
the applicant.
H.
Traffic.
(1)
When a traffic report is deemed necessary by the Planning
Board, the study shall include the following:
(a)
Internal traffic flow analyses.
(b)
Existing average daily traffic and peak hour
levels.
(c)
An analysis of average daily traffic and peak
hour levels resulting from the project.
(d)
An analysis of existing and resulting intersection
levels of service (LOS). (Please refer to the Manual of the Institute
of Transportation Engineers for the definition of level of service.)
(e)
Directional flows resulting from the proposed
project.
(f)
Proposed methods to mitigate the estimated traffic
impact.
(g)
Identification of any pedestrian crossing issues.
(h)
The methodology and sources used to derive existing
data and estimations.
(2)
In an instance where the proposed project will result
in an intersection level of service below a rating of LOS D, the applicant
shall provide detailed plans that, when implemented, would result
in an intersection level of service rating of D or better. (Please
refer to the Manual of the Institute of Transportation Engineers for
the definition of level of service.)
I.
Community impact assessment.
(1)
The purpose of a community impact assessment is to
evaluate the visual impacts of a proposed development and its applicability
to the environs.
(2)
The contents of the assessment shall include the following,
at a minimum:
(a)
Evaluation of the relationship of proposed new
structures or alterations to nearby preexisting structures in terms
of character and intensity of use (e.g., scale, materials, color,
door and window size and locations, setbacks, roof and cornice lines,
and other major design elements);
(b)
An analysis of the visual impacts from the proposed
development and viewshed alterations and of the location and configuration
of proposed structures, parking areas, open space, and gradient changes
and the effect they will have on neighboring properties.
J.
Town character.
(1)
The Planning Board may require exterior finishes or
building treatments in keeping with the character of the district.
The building setbacks, area and location of parking, architectural
compatibility, signage and landscaping of the development shall harmonize
with the surrounding townscape and the natural landscape.
(2)
The site plan must be signed and stamped by a professional
deemed appropriate by the Planning Board. This may include, but is
not limited to, a registered civil engineer, architect, land surveyor
or landscape architect.
K.
Parking requirements. In reviewing the site plan as
part of the approval process, the Planning Board shall ascertain that
the site plan meets the following requirements:
L.
Site landscaping.
(1)
The following are the criteria used for landscape
design evaluation:
(a)
The development, through the use of landscape
materials, shall be integrated into the surrounding landscape.
(b)
Landscape materials shall be used to protect
abutting properties and enhance the aesthetic quality of the environs
and the site. The type, size and caliper of proposed trees will be
evaluated in its effectiveness of enhancing the site. The mixed use
of shade trees for defining spaces and providing protection from the
elements, evergreens for screening and reduction of noise pollution,
as well as the use of ground covers, perennials/annuals/bulbs and
shrubs are encouraged.
(c)
Removal of mature trees and shrubs shall be
minimized and shall not take place in the setbacks.
(d)
Landscaping shall be provided in front, side
and rear yards and along the perimeter of parking areas to provide
separation from building and public ways. At a minimum, parking lots
shall be enclosed by a landscaped area five feet in width.
(e)
Maintenance. All landscaping and screening shall
be maintained by the property owner.
(f)
Objectionable features (such as dumpsters and
utility boxes) on site shall be screened from neighboring properties
and, if applicable, roadways.
(g)
Parking lot areas proposed for a site must be
adequately landscaped to give relief from the visual blight of an
expanse of impervious surface.
(2)
The site plan shall provide for:
(a)
Foundation plantings at entry and at building
facade facing roadways.
(b)
Parking lot interior (such as planting islands).
(c)
Screening parking areas, loading areas, rubbish
removal bins, and outside storage, if applicable.
(d)
Street line plantings and perimeter lot line
plantings, if applicable.
(4)
The following are general guidelines to be used for
developing landscape plans:
(a)
Parking lots with 20 or more spaces should be
screened along the perimeter from abutting properties and the street.
(b)
Parking lots with 40 or more spaces, an area
equivalent to at least 15% of the area of the parking lot, should
be constructed and landscaped in the interior of the parking lot.
The landscaped area should be evenly distributed within the parking
lot and should be at least 25 feet in area with no dimension less
than five feet. One tree, at least three inches in caliper should
be installed in each landscaped area. There should be at least one
tree for each 10 parking spaces.
(c)
A landscaping strip should be provided along
foundation walls.
M.
Exterior lighting.
[Amended 5-1-2006 ATM, Art. 37 (Amdt. No. 160)]
(1)
Purpose. The purpose of this section is to enhance
public safety by providing for adequate and appropriate outdoor lighting,
protect community character, promote energy conservation and protect
against light trespass and glare.
(2)
FIXTURE
GLARE
LAMP
LIGHT TRESPASS
LUMEN
LUMINAIRE
Definitions. For the purposes of this section, the
following terms shall be defined as indicated below.
The assembly that houses a lamp or lamps, and which may include
a housing, a mounting bracket or pole socket, a lamp holder, a ballast,
a reflector or mirror, and/or a refractor, lens or diffuser lens.[3]
Light emitted from a luminaire with intensity great enough
to produce annoyance, discomfort or a reduction in a viewer's ability
to see.
The component of a luminaire that produces the actual light.
The shining of direct light produced by a luminaire beyond
the boundaries of the lot on which it is located.
A measure of light energy generated by a light source. One
foot candle is one lumen per square foot. For purposes of this bylaw,
the lumen output shall be the initial lumen output of a lamp, as rated
by the manufacturer.
A complete lighting system, including a lamp or lamps and
a fixture.
[3]
Editor's Note: The former definition of "color
rendering index (CRI) that immediately preceded this definition, was
repealed 5-7-2007 ATM, Art. 32 (Amdt. No. 164).
(3)
Applicability. Outdoor illumination by flood or spot
luminaires rated at 900 lumens or more (which is approximately equal
to one sixty-watt incandescent light bulb) or by any other luminaires
rated at 1,800 lumens or more (which is approximately equal to one
one-hundred-twenty watt incandescent light bulb) shall be subject
to the provisions of this section, with the following exceptions:
emergency lighting; hazard warning; temporary decorative or holiday
lighting; public roadway illumination or other lighting required by
or installed by governmental agencies. It shall also not apply to
any luminaire intended solely to illuminate any freestanding sign,
flag or the walls of any building but such luminaire shall be shielded
so that its direct light is confined to the surface of such sign,
flag or building.
(a)
The replacement of existing nonconforming lamps
or fixtures with the same or lower output nonconforming lamps or fixtures
is exempted from the application of this section.
(b)
The Planning Board may determine that special
circumstances of the site, context or design make an alternative lighting
design at least equally effective in meeting the purposes of this
section and in such cases, may modify the requirements of this section.
[Amended 5-7-2007 ATM, Art. 32 (Admt. No. 164)]
(4)
Exterior Lighting Plan. The lighting plan shall include
the following information:
[Amended 5-7-2007 ATM, Art. 32 (Admt. No. 164)]
(a)
Location, orientation and type of outdoor luminaire,
including the height of the luminaire;
(b)
Luminaire manufacturer's specification data,
including lumen output and photometric data showing cutoff angles;
(c)
Type of lamp such as metal halide, compact fluorescent,
high pressure sodium;
(d)
Photometric plan showing the intensity of illumination
expressed in footcandles at ground level within the interior of the
property and at the property boundaries. The plan shall also include
the following illumination information in a table format: minimum;
maximum; average; average to minimum and maximum to minimum; and
(5)
Flickering and flashing lights. No flickering or flashing
lights shall be permitted. Processes, such as arc welding, which create
light flashes shall be confined within buildings or shielded to prevent
either direct glare or flashing.
(6)
Wall mounted fixtures. In nonresidential districts,
a luminaire attached to the exterior of a building or structure for
area lighting shall be mounted no higher than 15 feet above grade
and shall be shielded to control glare.
(7)
Pole mounted fixtures. Pole mounted exterior lighting
fixture types are defined and restricted as follows:
(a)
Type A. No light cutoff.
(b)
Type B. Luminaire shielded such that peak candlepower
is at an angle of 75 degrees or less from straight down, and essentially
no light is emitted above the horizontal.
(c)
Type C. Luminaire shielded such that total cutoff
is at less than 90 degrees from straight down, and no light source
is in direct view of an observer five feet above the ground at any
point off the premises.
(8)
Pole mounted fixtures height limitation. Illustrations
of pole mounted exterior lighting fixture types are shown in Chart
I herein. Pole mounted fixtures shall not exceed the applicable pole
mounted height limitation set forth in Chart II in any district. The
Type A pole mounted exterior lighting fixture is prohibited in all
nonresidential districts.
|
Chart I
|
|---|
|
Illustrations
|
 |
|
Chart II
Pole Mounting Height Limitations
| |||
|---|---|---|---|
|
District
| |||
|
Residential
|
Nonresidential
| ||
|
Maximum Luminaire Mounting Height (feet
above grade) "District" is that in which fixtures are located.
| |||
|
Fixture Type A
|
10
|
Not allowed
| |
|
Fixture Type B
|
15
|
25
| |
|
Fixture Type C
|
20
|
30
| |
(9)
Ceiling Mounted Fixtures. In nonresidential districts,
luminaires mounted on an exterior ceiling such as under a canopy shall
be mounted with the refractor or lens flush with or recessed in the
ceiling or fixture.
(10)
Lighting levels. In nonresidential districts,
exterior lighting shall not exceed the following levels on the ground
set forth in Chart III herein:
|
Chart III
Lighting Levels
(horizontal foot-candles)
| ||||
|---|---|---|---|---|
|
Minimum*
|
Average*
|
Maximum*
| ||
|
Driveways and parking
|
0.5
|
5.0
|
10.0
| |
|
Under building or canopy
|
1.0
|
25.0
|
40.0
| |
|
All other nonresidential areas
|
0.5
|
1.0
|
3.0
| |
|
*Applicable to the entire lighted area
|
(11)
Light trespass limitations. Light trespass in
excess of the applicable limitation set forth in Chart IV herein is
prohibited in all Districts.
[Amended 5-7-2007 ATM, Art. 33 (Amdt. No. 164)
|
Chart IV
Light Trespass Limitations
| |||
|---|---|---|---|
|
District
| |||
|
Residential
|
Nonresidential
| ||
|
Maximum light trespass (horizontal foot-candles)*
"District" is that into which the light trespass occurs
| |||
|
Fixture Type A
|
0
|
Not allowed
| |
|
Fixture Type B
|
0
|
0.5
| |
|
Fixture Type C
|
0
|
1.0
| |
|
* Expect no limit within a street right-of-way
|
N.
Loading, waste disposal, and outdoor storage areas.
Adequate loading and waste disposal areas shall be provided on site.
Loading, waste disposal and outdoor storage areas shall be screened
by landscaping, walls, fences, or barriers of sufficient height to
conceal said areas from the street and abutting residential properties.
O.
Stormwater management, infiltration, and retention.
[Amended 5-2-2011 ATM, Art. 40 (Amdt. No. 177)]
(1)
Adequate
on-site drainage shall be provided to handle peak stormwater runoff
and stormwater runoff for the one-hundred-year storm and shall not
adversely affect abutting properties and the Town drainage system.
Low-impact development stormwater management techniques are encouraged
and preferred to enhance infiltration and better replicate pre-development
watershed conditions. Low-impact development techniques shall meet
the treatment and design standards outlined in the Department of Environmental
Protection stormwater management standards [Massachusetts Stormwater
Handbook (2008)], as amended from time to time. Examples of low-impact
development stormwater management techniques include: permeable pavement,
rain gardens, vegetated swales, etc.
(2)
Stormwater
retention is also strongly encouraged to capture and store rainwater
for practical uses, including irrigation. Examples of stormwater retention
facilities include rain barrels and cisterns. In-ground sprinkler
systems shall be prohibited for all nonresidential uses unless they
are supplied by on-site stormwater retention and storage facilities
and are approved by the Georgetown Water Commission. Drainage calculations
and plans will be reviewed by an outside technical consultant at the
applicant’s expense.
P.
Standards for review. The Planning Board shall review
the site plan and supporting documents, taking into consideration
the reasonable fulfillment of the objectives listed below:
(1)
Legal: conformance with the provisions of the bylaws
of the Town, the General Laws of Massachusetts, and all applicable
rules and regulations of state and federal agencies.
(2)
Traffic.
(3)
Parking.
(4)
Town services.
(5)
Pollution control.
(6)
Nuisance.
(7)
Existing vegetation.
(8)
Landscaping, screening and buffering.
(9)
Town character.
(10)
Drainage and watershed protection.
[Amended 5-2-2011 ATM, Art. 40 (Amdt. No. 177)]
Q.
Construction.
(1)
All access routes and parking areas shall be graded,
paved, and drained to the satisfaction of the Planning Board.
(2)
Curbing, wheelstops, guardrails, and/or berms shall
be placed at the edges of all surfaced parking areas.
(3)
All utility connections shall be constructed in accordance
with the requirements of the Town and other utility owners.
R.
Maintenance. All accessways, parking areas, fences,
walls, landscaping, lighting, drainage, and waste disposal areas shall
be adequately maintained and repaired or replaced wherever and whenever
necessary to ensure continued compliance with the approved site plan.
S.
Waivers. Waivers may be granted to any of the site
plan requirements if it is determined that:
T.
Enforcement and bonding.
(1)
Construction that does not comply with the site plan
approved under this section shall be deemed to be in violation of
this chapter and, as such, shall be subject to fines and legal processes
so authorized. The Building Inspector shall take such action as may
be necessary to enforce full compliance with the provisions of the
chapter and of permits and variances issued hereunder, including notification
of noncompliance and request for legal action through the Selectmen
to Town Counsel.
(2)
The Planning Board may require the posting of a bond
or other similar performance guarantee to ensure compliance with the
plan and stated conditions of approval. It may suspend any permit
or license when work is not performed as required.
U.
Inspections. Construction inspections in support of
the purposes of site plan review shall be carried out by an agent
designated by the Planning Board, and all such costs shall be borne
by the applicant.
V.
Modifications to approved site plans.
(1)
In the event a modification is made to an approved
site plan, the applicant shall submit, to the Planning Board, a written
description of the proposed modifications and 10 copies of a revised
site plan showing such modification. Modified site plans will, in
most instances, be subject to the same review and hearing procedures
as was the original filing.
(2)
However, for small and insignificant modifications,
the Planning Board may determine that a particular modification does
not warrant an additional public hearing. Such a determination shall
be made only after written request and 10 copies of the plan showing
the modification have been submitted to and reviewed by the Planning
Board. A determination that a modification will not require a public
hearing shall be made by the Planning Board within 21 days of receipt
of the written request and plans, and only after the Planning Board
has found that the proposed modification is not significant and is
consistent with the previously approved site plan. A copy of the determination
and revised plan shall be filed with the Town Clerk and Building Inspector.
Failure by the Planning Board to act on the request for determination
of a modification within 21 days shall be deemed as approval. The
time frame may be extended by mutual agreement of both parties.
W.
Provisions for site plans. Any approval of a site
plan which has been granted pursuant to this section shall lapse within
one year from the grant thereof, if a substantial use thereof has
not sooner commenced, except for good cause or, in the case of a permit
for construction, if construction has not begun by such date, except
for good cause.
X.
Severability. The provisions of this section are severable
and, in the event that any provision of this section is determined
to be invalid for any reason, the remaining provisions shall remain
in full force and effect.
