The uses outlined in this article may be permitted as designated in § 175-21, Table of Use Regulations provided they meet the requirements detailed in this article, in addition to any other applicable requirements of this bylaw.
A.
Applicants seeking a special permit for an apartment, condominium, attached dwelling (§ 175-32), planned commercial development (§ 175-33), or the excavation of sand and gravel (§ 175-34) shall submit a site plan in accordance with the requirements of § 175-77 with the Planning Board. Furthermore, no removal of sand and gravel shall be made without the approval of the Board of Selectmen.
B.
Where a proposed development will also fall under
subdivision control, the applicant shall submit the information required
for a definitive plan according to the latest Rules and Regulations
Governing the Subdivision of Land[1] and the Procedures of the Abington Planning Board, Abington,
Massachusetts in addition to the site plan required in this article.
Planning Board endorsement of the information submitted under this
bylaw, however, shall not constitute approval under the Subdivision
Control Law.[2] The site plan shall bear the stamp of a registered professional
engineer (civil) and a registered land surveyor in the Commonwealth
of Massachusetts.
[Amended 4-6-2005 ATM by Art. 20; 4-2-2007 ATM by Art. 11]
A.
Administration:
(1)
The applicant shall file a request for a special permit under this section of the Zoning Bylaw for multi-unit dwellings, apartments, or condominium complexes of 12 residential units or more with the Board of Appeals. The Zoning Board of Appeals may grant, only after a public hearing with due notice, a special permit for the construction of such multi-unit dwellings, apartments or condominium complexes, only in the districts indicated in § 175-21 Table of Use Regulations A(4).
(2)
The applicant shall also simultaneously file a copy
of the application with the Planning Board and the Town Clerk.
(3)
The applicant shall file with the Planning Board and the Zoning Board of Appeals a site plan of the proposed development in accordance with § 175-77, Site plan review.
(4)
Within 45 days of filing said application, the Planning
Board shall evaluate the application and site plan with regard to
the conditions and standards set forth in the bylaw and shall submit
an advisory report to the Board of Appeals. The Board of Appeals shall
not render a decision without considering the report of the Planning
Board unless 45 days expire without receipt of such report.
B.
Minimum lot size. The lot shall have not less than
200 feet of frontage nor contain less than 40,000 square feet of land
area.
D.
Dimensional requirements. The dimensional requirements
for developments of 12 housing units or more in any zoning district
within the Town of Abington require that any building shall be at
least:
E.
Building design/placement. Any building shall insure
maximum compatibility with surrounding land uses and structures. Where
the site adjoins single family residential areas, the Board of Appeals
may adjust building heights and side yard requirements in certain
portions of the development. There shall be no more than 12 units
per building. The SPGA may take into consideration the proposed exterior
architectural appearance to ensure it generally conforms with the
Historical New England character of the Town.
[Amended 5-22-2017 ATM
by Art. 18]
I.
Accessory apartments in residence districts. Notwithstanding the foregoing Subsections A through H, it is the intent of this section to allow accessory apartments, including kitchens, within single-family properties in Residence Districts for the purpose of meeting the special housing needs of grandparents, parents, brothers and sisters, children and their respective spouses of families of owner-occupants and their spouses of properties in the Town of Abington. To achieve this goal and to promote the other objectives of this bylaw one accessory apartment per single-family residence may be allowed by special permit from the Zoning Board of Appeals in accordance with the specific standards set forth below for such accessory apartment uses.
(1)
Owner occupancy required. The owner(s) of the single-family
lot upon which the accessory apartment is located shall occupy at
least one of the dwelling units on the premises. Only a family member
of the homeowner or the homeowner’s spouse shall occupy the
other dwelling unit. For the purposes of this section, a family member
shall be defined as mother, father, sister, brother, son, daughter,
uncle, aunt, grandmother, grandfather, grandchild and/or their spouse.
The special permit shall be issued to the owner of the dwelling units
on the property.
(2)
Not more than two persons shall occupy the accessory
apartment. At least three off-street parking spaces must be provided
or created on the property.
(3)
Apartment size. The maximum floor size for an accessory
apartment shall not exceed the lesser of 900 square feet or 50% of
the floor area of the principal dwelling, as determined at the time
of the special permit request.
(4)
Code compliance. The accessory apartment must comply
with current safety, health and construction requirements before occupancy
and at every change in ownership.
(5)
Preservation of single-family characteristics. The
accessory apartment shall not change the single-family characteristic
of the dwelling, except for the provision of an additional access
or egress. The space designated as the accessory apartment shall have
at least one access to the main unit if attached.
(6)
Existing detached dwellings may continue to be used
for the same purposes subject to special conditions imposed by the
Board of Appeals.
(7)
There shall be no more than one accessory apartment
for a total of two dwelling units permitted per lot.
(8)
The special permit for the accessory apartment shall
become null and void upon the sale of the property to a non-family
member or upon the vacancy of the residence by the owner-occupant
and his/her family members.
(9)
Upon receiving a special permit from the Zoning Board
of Appeals, the owner(s) shall record a Declaration of Covenants at
the Plymouth County Registry of Deeds, which Declaration of Covenants
shall be made available from the Building Inspector. A time stamped
copy of this recorded Declaration and a recorded copy of current deed
to the property shall be provided to the Building Inspector prior
to applying for a certificate of occupancy. The recorded Declaration
shall include the following requirements which shall appear as conditions
of all special permits issued under this section:
(a)
That the owner(s) shall occupy one of the units
on said premises and that only family members shall occupy the other
unit defined by this section of the Bylaw.
(b)
At the beginning of each calendar year, the
owner(s) shall file a notarized statement (an annual in-law affidavit)
with the Building Inspector listing the name and family relationship
of all occupants residing on the premises.
[Amended 5-24-2021 ATM by Art. 23]
(10)
Any accessory apartment existing as of this
Bylaw amendment (02/07/05) shall be required to comply with the annual
statement filing date provisions of this Bylaw subsequent to this
date.
A.
Administration.
(1)
The applicant shall file a request for a special permit
with the Board of Appeals. The Board of Appeals may grant, only after
a public hearing with due notice, a special permit for the development.
(2)
The applicant shall also simultaneously file a copy
of the application with the Planning Board and the Town Clerk.
(3)
The applicant shall also file with the Planning Board and the Board of Appeals a site plan of the proposed development in accordance with § 175-77.
(4)
Within 45 days of filing said application, the Planning
Board shall evaluate the application and site plan with regard to
the conditions and standards set forth in this bylaw and shall submit
an advisory report to the Board of Appeals. The Board of Appeals shall
not render a decision without considering the report of the Planning
Board unless said 45 days has expired without receipt of such report.
B.
Purpose. To establish compact business areas for planned commercial development of land subject to maximum building coverage more than the maximum permitted in the Table of Density and Dimensional Regulations, § 175-29, and less than the parking requirements contained in the Table of Off-Street Parking Regulations, § 175-52.
C.
Tract area. The tract shall be in single or consolidated
ownership at the time of application and shall be at least five acres
in size.
D.
Parking. The development shall be served by common parking areas and by preferably a common exit and entrance. Reduction in parking space requirements shall generally not exceed more than 15% of those required under normal application of requirements for the particular uses proposed in § 175-52, unless a special permit is granted by the Board of Appeals in accordance with § 175-53.
Applicants should note in particular the visual relief requirements in § 175-50.
|
F.
Building design. Uses may be contained in one continuous
building or groupings of buildings where such groupings are consistent
with the safety of the users of the development and the intent of
this section. The SPGA may take into consideration the proposed exterior
architectural appearance to ensure it generally conforms with the
Historical New England character of the Town.
[Amended 5-22-2017 ATM
by Art. 18]
G.
Floor area. The total gross floor area of all buildings
shall not exceed 50% of the total parcel area.
A.
Except when incidental to and reasonably required
in connection with the construction of an approved use of structure
or an approved subdivision on the same site as prescribed previously,
no removal for sale, trade, or other considerations, or for other
use on a separate site, of sand and gravel of other earth materials
in excess of 30 cubic yards shall be allowed except by special permit
from the Board of Selectmen. Applicants shall follow the procedure
set forth below.
B.
Administration:
(1)
The applicant shall file a request for a special permit
with the Board of Selectmen. The Board of Selectmen may grant, only
after a public hearing with due notice, a special permit.
(2)
The applicant shall also simultaneously file a copy
of the application with the Planning Board and the Town Clerk.
(3)
The applicant shall also file with the Planning Board and the Board of Selectmen a site plan in accordance with § 175-77 of the proposed operation.
(4)
Within 45 days of filing said application, the Planning
Board shall evaluate the application and site plan with regard to
the conditions and standards set forth in the bylaw and shall submit
an advisory report to the Board of Selectmen. The Board of Selectmen
shall not render a decision without considering the report of the
Planning Board unless 45 days expire without receipt of such report.
C.
The following conditions shall govern:
(1)
Removal and processing operations shall not be conducted
closer than 100 feet to a public street or an abutting lot line.
(2)
All equipment for sorting, washing, crushing, grading,
drying, processing and treating, or other operation machinery, shall
not be used closer than 100 feet from any public street or from any
adjoining lot line.
(4)
Any access to excavated areas or areas in the process
of excavation will be adequately posted with KEEP-OUT-DANGER signs.
(5)
Any work face or bank that slopes more than 30 degrees
downward adjacent to a public street will be adequately fenced at
the top.
(6)
Adequate provision is to be made for drainage during
and after the completion of operations.
(7)
Lateral support shall be maintained for all adjacent
properties.
(8)
The use of explosives shall be done in accordance
with the regulations for storage or handling of an explosive as published
by the Commonwealth of Massachusetts.
(9)
All operations shall be conducted in such a manner
so as to comply with the laws of the Commonwealth of Massachusetts
regulating water pollution and air pollution.
(10)
The work hours of operation shall be designated
in the permit.
(11)
A plan for re-grading of all or parts of the
slopes resulting from such excavation or fill shall be approved.
(12)
A plan for replacement of at least six inches
of topsoil over all excavated, filled, or otherwise disturbed surfaces
and seeding with a perennial cover crop, reseeded as necessary to
assure uniform growth and soil surface stabilization shall be approved.
(13)
A plan for lighting shall be provided.
(14)
Proper provision for vehicular traffic, service
roads, control of entrances and exits to adjacent roads shall be made.
(15)
Provision for a fence enclosing the excavation
or quarry where any excavation or quarry will extend under original
ground level or will have a depth of 10 feet or more or create a slope
of more than one foot in two feet. Such fence shall be located a minimum
of 10 feet or more from the edge of the excavation or quarry, and
shall be six feet in height.
(16)
A plan for the ongoing cleanup of the site and
adjacent streets.
[Amended 4-6-2005 ATM by Art. 18; 4-3-2006 ATM by Art. 13; 5-21-2012 STM by Art. 1; 5-21-2018 ATM by Art. 21; 5-24-2021 ATM by Art. 20]
A.
Purpose.
(1)
The Flood Plain and Wetland Protection District (also herein referred
to as the "Floodplain Overlay District") and the regulations herein
have been established with the following purposes intended.
(2)
The purpose of the Floodplain Overlay District is to:
(a)
Ensure public safety through reducing the threats to life and
personal injury.
(b)
Eliminate new hazards to emergency response officials.
(c)
Prevent the occurrence of public emergencies resulting from
water quality, contamination, and pollution due to flooding.
(d)
Avoid the loss of utility services which if damaged by flooding
would disrupt or shut down the utility network and impact regions
of the community beyond the site of flooding.
(e)
Eliminate costs associated with the response and cleanup of
flooding conditions.
(f)
Reduce damage to public and private property resulting from
flooding waters.
(3)
For purposes of this Bylaw, in cases of a building permit involving a one-family or a two-family dwelling, the word "Board" as found throughout this Bylaw § 175-35 shall be deemed to refer to the Board of Appeals. For building permits involving all other structures or uses (multi-family, commercial, definitive subdivision, mixed use, etc.), the word "Board" as found in this Bylaw § 175-35 shall be deemed to refer to the Planning Board.
B.
DEVELOPMENT
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
NEW CONSTRUCTION
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOODWAY
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL REPAIR OF A FOUNDATION
VARIANCE
VIOLATION
Definitions. For the purposes of this section of the Zoning Bylaw
the following definitions shall be applied:
Any man-made change to improved or unimproved real estate,
including but not limited to building or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials (US Code of Federal Regulations,
Title 44, Part 59).
The channel of the river, creek or other watercourse and
the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than a designated height (Base Massachusetts Code, Chapter 2,
Section 202).
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities (US Code of Federal Regulations,
Title 44, Part 59, also Referenced Standard ASCE 24-14).
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure (US Code
of Federal Regulations, Title 44, Part 59).
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Structures for which the start of construction commenced
on or after the effective date of the first floodplain management
code, regulation, ordinance, or standard adopted by the authority
having jurisdiction, including any subsequent improvements to such
structures. New construction includes work determined by the Building
Commissioner to be substantial improvement (Reference Standard ASCE
24-14).
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light
duty truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use (US Code of Federal Regulations, Title 44, Part 59).
See "floodway."
The land area subject to flood hazards and shown on a Flood
Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30,
A99, AR, AO, AH, V, VO, VE or V1-30 (Base Massachusetts Code, Chapter
2, Section 202).
The date of issuance for new construction and substantial
improvements to existing structures, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement
or other improvement is within 180 days after the date of issuance.
The actual start of construction means the first placement of permanent
construction of a building (including a manufactured home) on a site,
such as the pouring of a slab or footings, installation of pilings
or construction of columns. Permanent construction does not include
land preparation (such as clearing, excavation, grading or filling),
the installation of streets or walkways, excavation for a basement,
footings, piers or foundations, the erection of temporary forms or
the installation of accessory buildings such as garages or sheds not
occupied as dwelling units or not part of the main building. For a
substantial improvement, the actual "start of construction" means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building (Base Code, Chapter 2, Section 202).
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally aboveground,
as well as a manufactured home (US Code of Federal Regulations, Title
44, Part 59).
When work to repair or replace a foundation results in the
repair or replacement of a portion of the foundation with a perimeter
along the base of the foundation that equals or exceeds 50% of the
perimeter of the base of the foundation measured in linear feet, or
repair or replacement of 50% of the piles, columns or piers of a pile,
column or pier supported foundation, the building official shall determine
it to be substantial repair of a foundation. Applications determined
by the building official to constitute substantial repair of a foundation
shall require all existing portions of the entire building or structure
to meet the requirements of 780 CMR (as amended by MA in 9th Edition
BC).
A grant of relief by a community from the terms of a floodplain
management regulation (US Code of Federal Regulations, Title 44, Part
59).
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
US Code of Federal Regulations, Title 44, Part 60, § 60.3(b)(5),
(c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to
be in violation until such time as that documentation is provided
(US Code of Federal Regulations, Title 44, Part 59).
C.
Scope and authority and delineation of district.
(1)
The Floodplain Overlay District is herein established as an overlay
district. The District includes all special flood hazard areas designated
within Abington on the Plymouth County Flood Insurance Rate Map (FIRM)
issued by the Federal Emergency Management Agency for the administration
of the National Flood Insurance Program, dated July 6, 2021. The exact
boundaries of the District shall be defined by the 1% chance base
flood elevations shown on the FIRM and further defined by the Plymouth
County Flood Insurance Study (FIS) report dated July 6, 2021, and
any amendments thereto. The FIRM and FIS report are incorporated herein
by reference and are on file with the Town Clerk.
(2)
Any use, structure or development permitted in the portions of the
District so overlaid shall be permitted subject to the provisions
of this District, as well as those of the Massachusetts State Building
Code (780 CMR), the State Wetland Protection Act (MGL c. 131, § 40)
and its implementing regulations (310 CMR 10.00 et seq.) dealing with
construction in floodplains. The floodplain management regulations
found in this Floodplain Overlay District section shall take precedence
over any less restrictive conflicting local laws, ordinances, or codes.
D.
Determination of applicability. Whenever an application is made for a building permit on land which the Building Inspector believes a proposed development may be situated partially or completely in the Flood Plain and Wetlands Protection District, he shall require that the applicant provide as part of his permit application a plan of the lot on which such development is intended to be built. The plan shall show elevations above mean sea level at two-foot contour levels, indicating the bench marks used and certified by a registered land surveyor or registered engineer. The Inspector shall transmit one copy of this plan to the Conservation Commission who shall review said plan and provide written interpretation within 14 days of receipt of said plan to the applicant, Building Inspector, and Board. If the Building Inspector determines that the proposed construction or alteration of the land is not in the Flood Plain and Wetlands Protection District, he shall so advise the applicant who may then apply for a building permit as set forth in § 175-76. If the Building Inspector determines that the proposed construction or alteration of the land is in the Flood Plain and Wetlands District, the Inspector shall notify the applicant who may then seek a special permit for the proposed use as set forth below.
E.
District administration.
(1)
Floodplain administrator. The Town of Abington hereby designates
the position of the Building Commissioner to be the official floodplain
administrator for the Town.
(2)
Requirement to submit new technical data. If the Town acquires data
that changes the base flood elevation in the FEMA mapped special flood
hazard areas, the Town will, within six months, notify FEMA of these
changes by submitting the technical or scientific data that supports
the change(s). Notification shall be submitted to:
FEMA Region I Risk Analysis Branch Chief
99 High St., 6th floor, Boston, MA 02110
|
And copy of notification to:
|
Massachusetts NFIP State Coordinator
MA Dept. of Conservation & Recreation, 251 Causeway Street,
Boston, MA 02114
|
H.
Floodplain requirements. The following requirements shall be satisfied
in the Flood Plain and Wetlands Protection District:
(1)
In Zones A and AE, along watercourses that have not had a regulatory
floodway designated, the best available federal, state, local, or
other floodway data shall be used to prohibit encroachments in floodways
which would result in any increase in flood levels within the community
during the occurrence of the base flood discharge.
(2)
In Zone AE, along watercourses within the Town of Abington that have
a regulatory floodway designated on the Plymouth County FIRM, encroachments
shall be and are prohibited in the regulatory floodway which would
result in any increase in flood levels within the community during
the occurrence of the base flood discharge.
(3)
Within Zones A and AE, no new construction, substantial improvement
to an existing structure, filing, or other land development shall
be permitted unless it is demonstrated by the applicant that the cumulative
effect of the proposed development, when combined with all other existing
and anticipated development, shall not increase the water surface
elevation of the base flood.
(4)
Floodway encroachment. In Zones A, A1-30, and AE, along watercourses
that have not had a regulatory floodway designated, the best available
federal, state, local, or other floodway data shall be used to prohibit
encroachments in floodways which would result in any increase in flood
levels within the community during the occurrence of the base flood
discharge unless certification by a registered professional engineer
is provided by the applicant demonstrating that such encroachment
shall not result in any increase in flood levels during the occurrence
of the 100-year flood. Any encroachment meeting the above standard
shall comply with the floodplain requirements of the State Building
Code.
(5)
Recreational vehicles. In A1-30, AH, AE Zones, V1-30, VE, and V Zones,
all recreational vehicles to be placed on a site must be elevated
and anchored in accordance with the zone's regulations for foundation
and elevation requirements or be on the site for less than 180 consecutive
days or be fully licensed and highway ready.
(6)
All subdivision proposals shall be designed to assure that:
(7)
Base flood elevation data shall be required and provided for subdivision
proposals or other developments greater than 50 lots or five acres,
whichever is the lesser, within unnumbered A Zones.
(8)
In a riverine situation, the applicant and Chairperson of the Conservation
Commission and/or his/her designee shall notify the following of any
alteration or relocation of a watercourse:
(a)
Planning Board for each adjacent community.
(b)
NFIP State Coordinator.
Massachusetts Department of Conservation and Recreation
251 Causeway Street, Suite 600-700
Boston, MA 02114-2104
|
(c)
NFIP Program Specialist.
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
|
I.
Special permits.
(1)
For any land that is not within a Special Flood Hazard Area as shown
under the FIRM and the FIS, but that is shown on the Town's 1976 Flood
Plain Zoning Map to be within the floodplain, a landowner may apply
to the Board for a special permit exception from inclusion in the
Flood Plain and Wetland District and shall be eligible for such a
special permit if the Board finds that the subject land is not in
fact subject to seasonal or periodic flooding and if the proposed
development is consistent with the purpose of this Bylaw, the Board
may grant, after a public hearing with due notice, a special permit
for the use of such land and for the construction and erection of
a building or structure for any purpose permitted in the underlying
district subject to reasonable conditions and safeguards.
(2)
The application for a special permit exception shall include a site plan which shall include the items set forth in § 175-77B(5) and other engineering and hydrological data that the Board finds necessary.
(3)
The application for a special permit exception shall include an environmental
impact statement prepared by an environmentally qualified registered
professional engineer. This statement shall describe the impact of
the proposed use with respect to drainage, sewage, groundwater, surface
water pollution, and other parameters as specified by the Board.
(4)
The Board may waive some of the requirements of the site plan and/or
the environmental impact statement where it determines that the probable
impact upon the physical environment of the proposed use is to be
minimal and that the technical data or a plan and/or environmental
impact statement is not necessary to its consideration of the application.
Because of the substantial scope, substance and impact of such projects,
a waiver will not generally be granted where the proposed use involves
a subdivision of land pursuant to MGL c. 41, §§ 81K
through 81GG, a proposed site plan for construction of multiple family
housing, or a proposed business, industrial, transportation or institutional
use.
(5)
The applicant shall provide the Board with an original and 10 copies
of the application and any plan and/or environmental impact statement
required by the Board. The Board will forward one copy of each to
the Building Inspector, Conservation Commission, Board of Health,
Department of Public Works, and other Town board or department deemed
appropriate by the Board. These agencies may file written advisory
reports with the Board within 30 days. The Board shall not grant approval
of an application for an exception until these advisory reports have
been received or until expiration of the said thirty-day period.
J.
Requirements for all projects in the flood plain and wetlands protection
district.
(1)
Building permits. The following uses are permitted by right since
they create a minimal risk of damage due to flooding and will not
constitute obstructions to flood flow, provided that they are permitted
in the underlying district and that they do not require structures,
fill or storage of materials or equipment:
(a)
Agricultural uses such as farming, grazing, truck farming, and
horticulture.
(b)
Forestry and nursery uses.
(c)
Outdoor recreational uses, including fishing, boating and play
areas.
(d)
Conservation of water, plants and wildlife.
(e)
Wildlife management areas; foot, bicycle, and horse paths.
(f)
Temporary nonresidential structures used in connection with
fishing, growing, harvesting, storage, or sale of crops raised on
the premises.
(g)
Buildings lawfully existing prior to the adoption of these provisions,
namely May 24, 2021.
(2)
The Floodplain Overlay District is established as an overlay district
to all other districts. All development in the District, including
structural and non-structural activities, whether permitted by right
or by special permit, must be in full compliance with all applicable
state laws and regulations, including, but not limited to, the following:
(a)
MGL c. 131, § 40;
(b)
780 CMR (Massachusetts State Building Code), in its entirety,
including the portions that address floodplain and coastal high hazard
areas;
(c)
310 CMR 10.00 [Wetlands Protection Regulations, Department of
Environmental Protection (DEP)];
(d)
310 CMR 13.00 (Inland Wetlands Restriction, DEP); and
(e)
310 CMR 15 (Title 5, Minimum Requirements for the Subsurface
Disposal of Sanitary Sewage, DEP).
(3)
Commonwealth of Massachusetts variances to building code. The Town
will request from the State Building Code Appeals Board a written
and/or audible copy of the portion of the hearing related to the variance
and will maintain this record in the community's files. The Town shall
also issue a letter to the property owner regarding potential impacts
to the annual premiums for the flood insurance policy covering that
property, in writing over the signature of a community official that
the issuance of a variance to construct a structure below the base
flood level will result in increased premium rates for flood insurance
up to amounts as high as $25 for $100 of insurance coverage and such
construction below the base flood level increases risks to life and
property. Such notification shall be maintained with the record of
all variance actions for the referenced development in the Floodplain
Overlay District.
(4)
Abington Zoning Bylaw variances. A variance from these floodplain bylaws must meet the requirements set out in § 175-82D(3) and in addition, may only be granted if: 1) good and sufficient cause and exceptional demonstrated non-financial hardship exist; 2) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and 3) the variance is the minimum action necessary to afford relief.
K.
Permits are required for all proposed development in the Floodplain
Overlay District. The Town of Abington requires a permit for all proposed
construction or other development in the Floodplain Overlay District,
including new construction or changes to existing buildings, placement
of manufactured homes, placement of agricultural facilities, fences,
sheds, storage facilities or drilling, mining, paving and any other
development that might increase flooding or adversely impact flood
risks to other properties.
L.
Assure that all necessary permits are obtained. The Town of Abington's
permit review process includes the use of a checklist of all local,
state, and federal permits that will be necessary in order to carry
out the proposed development in the Floodplain Overlay District. The
proponent must acquire all necessary permits and must submit the completed
checklist demonstrating that all necessary permits have been acquired.
M.
Unnumbered A Zones. In A Zones, in the absence of FEMA BFE data and
floodway data, the Building Department will obtain, review and reasonably
utilize base flood elevation and floodway data available from a federal,
state, or other source as criteria for requiring new construction,
substantial improvements, or other development in Zone A as the basis
for elevating residential structures to or above base flood level,
for floodproofing or elevating nonresidential structures to or above
base flood level, and for prohibiting encroachments in floodways.
O.
Disclaimer of liability. The degree of flood protection required
by this bylaw is considered reasonable but does not imply total flood
protection.
P.
Severability. If any section, provision, or portion of this bylaw
is deemed to be unconstitutional or invalid by a court, the remainder
of the ordinance shall be effective.
[Added 6-8-2015 ATM by Art. 26]
A.
Purpose.
(1)
The purpose of this Bylaw shall be to promote the creation of new
large-scale ground-mounted solar photovoltaic installations in the
appropriate locations by providing standards for the placement, design,
construction, operation, monitoring, modification and removal of such
installations that address public safety, minimize impacts on scenic,
natural and historic resources, and to provide adequate financial
assurance for the eventual decommissioning of such installations.
(2)
The provisions set forth in this section shall apply to the construction,
operation, and/or repair of large-scale ground-mounted solar photovoltaic
installations.
B.
Applicability. This section shall apply to large-scale ground-mounted
solar photovoltaic installations proposed to be constructed after
the effective date of this section. This section also pertains to
physical modifications that materially alter the type configuration
or size of these installations or related equipment.
C.
AS-OF-RIGHT SITING
BUILDING INSPECTOR
BUILDING PERMIT
DESIGNATED LOCATION
LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION
ON-SITE SOLAR PHOTOVOLTAIC INSTALLATION
RATED NAMEPLATE CAPACITY
SITE PLAN REVIEW AUTHORITY
SMALL-SCALE ROOF-MOUNTED SOLAR ENERGY EQUIPMENT
SOLAR PHOTOVOLTAIC ARRAY
SPECIAL PERMIT
ZONING ENFORCEMENT AUTHORITY
Definitions.
That development may proceed without the need for a special
permit, variance, amendment, waiver, or other discretionary approval.
As-of-right development may be subject to site plan review to determine
conformance with local zoning ordinances or bylaws. Projects cannot
be prohibited, but can be reasonably regulated by the Inspector of
Buildings, Building Commissioner or local inspector, or if there is
none in a town, the Board of Selectmen, or person or board designated
by local ordinance or bylaw.
The Inspector of Buildings, Building Commissioner, or local
inspector, or person or board designated by local ordinance or bylaw
charged with the enforcement of the zoning ordinance.
A construction permit issued by an authorized building inspector
that evidences that the project is consistent with the state and federal
building codes as well as local zoning bylaws, including those governing
large-scale ground-mounted solar photovoltaic installations.
The locations designated by the Town, in accordance with MGL c. 40A, § 5, where large ground-mounted scale solar photovoltaic installations may be sited are limited to the locations indicated in § 175-21 of the Zoning Bylaws. Said locations are shown on a Zoning Map pursuant to MGL c. § 4. This map is hereby made a part of this Zoning Bylaw and is on file in the Office of the Town Clerk.
A solar photovoltaic system that is structurally mounted
on the ground and is not roof-mounted, and has a minimum nameplate
capacity of 250kW DC, or requires an area larger than one acre for
installation.
A solar photovoltaic installation that is constructed at
a location where other uses of the underlying property occur.
The maximum rated output of electric power production of
the photovoltaic system in direct current (DC).
For purposes of this Bylaw, Site Plan Review Authority refers
to the body of local government designated as such by the municipality.
Roof-mounted solar equipment that shall be located so as
not to increase the total height of the structure more than one foot
above the applicable zoning regulations related to height in the district
in which it is located or such other height as determined by the Building
Inspector to be essential for proper operation, but in no case more
than four feet above the applicable zoning regulations related to
height in the district in which it is located.
An arrangement of solar photovoltaic panels.
A special permit review by the Site Plan Review Authority
to determine conformance with local zoning ordinances or bylaws shall
be obtained before the development proceeds.
The person or board charged with enforcing the zoning ordinances
or bylaws.
D.
General requirements for all large-scale ground-mounted solar power
generation installations. The following requirements are common to
all solar photovoltaic installations to be sited in designated locations.
E.
Compliance with laws, ordinances and regulations. The construction
and operation of all large-scale ground-mounted solar photovoltaic
installations shall be consistent with all applicable local, state
and federal requirements, including but not limited to all applicable
safety, construction, electrical, and communications requirements.
All buildings and fixtures forming part of a solar photovoltaic installation
shall be constructed in accordance with the State Building Code.
F.
Building permits and building inspections. No large-scale ground-mounted
solar photovoltaic installation shall be constructed, installed or
modified as provided in this section without first obtaining a building
permit and only in accordance with the requirements of the Table of
Uses and this section. Smaller scale ground-mounted or small-scale
roof-mounted solar equipment installations which are an accessory
structure to an existing residential or nonresidential use do not
need to comply with this Section, but shall conform to the Table of
Uses and shall require a building permit and shall comply with the
other provisions of this Zoning Bylaw as applicable.
G.
Fees. The application for a building permit for a large-scale ground-mounted
solar photovoltaic installation must be accompanied by the fee required
for a building permit.
H.
Site plan review. Large-scale ground-mounted solar photovoltaic installations
with 250 kW or larger of rated nameplate capacity shall undergo site
plan review by the Site Plan Review Authority prior to construction,
installation or modification as provided in this section.
(1)
General. All plans and maps shall be prepared, stamped and signed
by a professional engineer licensed to practice in Massachusetts,
except in accordance with any exemption provided for under MGL c.
112, § 81R.
(2)
Required documents. Pursuant to the site plan review process, the project proponent shall provide a site plan in conformance with § 175-77, Site plan review, of the Town of Abington Zoning Bylaws in addition to the following:
(a)
Property lines and physical features, including roads, for the
project site;
(b)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, screening vegetation or
structures;
(c)
Blueprints or drawings of the solar photovoltaic installation
signed by a professional engineer licensed to practice in the Commonwealth
of Massachusetts showing the proposed layout of the system and any
potential shading from nearby structures. The proponent may not take
any actions to modify any existing structures or vegetation on adjacent
properties which may shade the installation without express written
consent of the property owner.
(d)
One or three line electrical diagram detailing the solar photovoltaic
installation, associated components, and electrical interconnection
methods, with all National Electrical Code compliant disconnects and
over current devices;
(e)
Documentation of the major system components to be used, including
the PV panels, mounting system, and inverter;
(f)
Name, address, and contact information for proposed system installer;
(g)
Name, address, phone number and signature of the project proponent,
as well as all coproponents or property owners, if any;
(h)
The name, contact information signature of any agents representing
the project proponent; and
(i)
Documentation of actual or prospective access and control of
the project site;
(j)
An operation and maintenance plan;
(k)
District designation for the parcel(s) of land comprising the
project site (submission of a copy of a zoning map with the parcel(s)
identified is suitable for this purpose);
(l)
Proof of liability insurance; and
(3)
The Site Plan Review Authority may waive documentary requirements
as it deems appropriate.
I.
Site control. The project proponent shall submit documentation of
actual or prospective access and control of the project site sufficient
to allow for construction and operation of the proposed solar photovoltaic
installation.
J.
Operation and maintenance plan. The project proponent shall submit
a plan for the operation and maintenance of the large-scale ground-mounted
solar photovoltaic installation, which shall include measures for
maintaining safe access to the installation, stormwater controls,
as well as general procedures for operational maintenance of the installation.
K.
Utility notification. No proposed large-scale ground-mounted solar
photovoltaic installation shall be submitted for review until evidence
has been given to the Site Plan Review Authority that the utility
company that operated the electrical grid where the installation is
to be located has been informed of the solar photovoltaic installation
owner or operator's intent to install an interconnected customer-owned
generator, and that the electrical grid can safely transmit the proposed
power output of the installation. Off-grid systems shall be exempt
from this requirement.
L.
Dimension and density requirements.
(1)
Setbacks.
(a)
For large-scale ground-mounted solar photovoltaic installations,
front, side and rear setbacks shall be at least 50 feet; provided,
however, that where the lot abuts a residential district or residential
use or is in a residential district, the setbacks shall not be less
than 100 feet. Every abutting property shall be visually screened
from the installation through either existing vegetation or new plantings
of not less than six feet in height at the time of planting throughout
the required setback dimension, or alternately shall provide a minimum
setback of 2,000 feet. The provided screening shall obscure from view
at least 75% of the project from adjacent properties, including upper
levels of existing structures, within five years of the issuance of
the permit. Security fences, roadways, and equipment shall not be
placed within the required setback, except for that which is required
to access the site from an adjacent roadway, or to transmit the generated
power to the grid.
(b)
The provided setbacks shall be suitable to limit the noise generated
by the installation to no more than 40 decibels at the property lines.
(2)
Appurtenant structures. All appurtenant structures to large-scale
ground-mounted solar photovoltaic installations shall be subject to
reasonable regulations concerning the bulk and height of structures,
lot area, setbacks, open space, parking and building coverage requirements.
All such appurtenant structures, including but not limited to, equipment
shelters, storage facilities, transformers, and substations, shall
be architecturally compatible with each other. Whenever reasonable,
structures should be shaded from view by vegetation and/or joined
or clustered to avoid adverse visual impacts.
M.
Design standards.
(1)
Lighting. Lighting of solar photovoltaic installations shall be consistent
with local, state and federal law. Lighting of other parts of the
installation, such as appurtenant structures, shall be limited to
that required for safety and operational purposes, and shall be reasonably
shielded from abutting properties. Where feasible, lighting of the
solar photovoltaic installation shall be directed downward and shall
incorporate full cut-off fixtures to reduce light pollution.
(2)
Signage. Signs on large-scale ground-mounted solar photovoltaic installations
shall comply with the Town's sign requirements. A sign consistent
with the Town's sign requirements shall be required to identify the
owner and provide a twenty-four-hour emergency contact phone number.
Solar photovoltaic installations shall not be used for displaying
any advertising except for reasonable identification of the operator
of the solar photovoltaic installation.
(3)
Utility connections. Reasonable efforts, as determined by the Site
Plan Review Authority, shall be made to place all utility connections
from the solar photovoltaic installation underground, depending on
appropriate soil conditions, shape, and topography of the site and
any requirements of the utility provider. Electrical transformers
for utility interconnections may be aboveground if required by the
utility provider.
(4)
Hazardous materials. Hazardous materials stored, used, or generated
on site shall not exceed the amount for a very small quantity generator
of hazardous waste as defined by the DEP pursuant to Mass DEP regulations
310 CMR 30.000 and shall meet all requirements of the DEP including
storage of hazardous materials in a building with an impervious floor
that is not adjacent to any floor drains to prevent discharge to the
outdoor environment. If hazardous materials are utilized within the
solar equipment, including the photovoltaic panels, then impervious
containment areas capable of controlling any release to the environment
and to prevent potential contamination of groundwater are required.
N.
Safety and environmental standards.
(1)
Emergency services. The large-scale ground-mounted solar photovoltaic
installation owner or operator shall provide a copy of the project
summary, electrical schematic, and site plan to the Fire Chief. Upon
request, the owner or operator shall cooperate with local emergency
services in developing an emergency response plan. All means of shutting
down the solar photovoltaic installation shall be clearly marked,
and training required to allow emergency response personnel to safely
shut down the installation in event of an emergency provided at no
cost to the Town as requested by the Town. The owner or operator shall
identify a responsible person for public inquires throughout the life
of the installation. All changes in the identity or contact information
for the responsible person shall immediately be brought to the attention
of the Town.
(2)
Land clearing, soil erosion and habitat impacts. Clearing of natural
vegetation shall be limited to what is necessary for the construction,
operation and maintenance of the large-scale ground-mounted solar
photovoltaic installation or otherwise prescribed by applicable laws,
regulations, and bylaws.
(3)
Control of vegetation. Herbicides may not be used to control vegetation
at the large-scale ground-mounted solar photovoltaic installation.
Mowing or the use of pervious pavers or geotextile materials underneath
the solar array is a possible alternative.
O.
Monitoring and maintenance.
(1)
Solar photovoltaic installation conditions. The large-scale ground-mounted
solar photovoltaic installation owner or operator shall maintain the
facility in good condition. Maintenance shall include, but not be
limited to, snow removal, painting, structural repairs, and integrity
of security measures. Site access shall be maintained to a level acceptable
to the Fire Chief and emergency medical services. The owner or operator
shall be responsible for the cost of maintaining the solar photovoltaic
installation and any access road(s), unless accepted as a public way.
(2)
Modifications. All material modifications to a solar photovoltaic
installation made after issuance of the required building permit shall
require approval by the Site Plan Review Authority.
(3)
Annual reporting. The owner or operator of the installation shall
submit an annual report demonstrating and certifying compliance with
the operation and maintenance plan and the requirements of this Bylaw
and their approved site plan including control of vegetation, noise
standards, and adequacy of road access. The annual report shall also
provide information on the maintenance completed during the course
of the year and the amount of electricity generated by the facility.
The report shall be submitted to the Board of Selectmen, Town Manager,
Planning Board, Fire Chief, Building Inspector, Board of Health and
Conservation Commission (if wetlands permit was issued) no later than
45 days after the end of the calendar year.
P.
Abandonment or decommissioning.
(1)
Removal requirements. Any large-scale ground-mounted solar photovoltaic
installation which has reached the end of its useful life or has been
abandoned through intent or discontinuance for two years or more shall
be removed. The owner or operator shall physically remove the installation
no more than 120 days after the date of discontinued operations. The
owner or operator shall notify the Site Plan Review Authority by certified
mail of the proposed date of discontinued operations and plans for
removal. Decommissioning shall consist of:
(a)
Physical removal of all large-scale ground-mounted solar photovoltaic
installations, structures, equipment, security barriers and transmission
lines from the site.
(b)
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations.
(c)
Stabilization or re-vegetation of the site as necessary to minimize
erosion. The Site Plan Review Authority may allow the owner or operator
to leave landscaping or designated below-grade foundations in order
to minimize erosion and disruption to vegetation.
(2)
Abandonment. Each site plan approval and special permit shall require
that, absent notice of a proposed date of decommissioning or written
notice of extenuating circumstances, the solar photovoltaic installation
shall be considered abandoned when it fails to operate for more six
months without the written consent of the Site Plan Review Authority
or special permit granting authority. Each site plan approval and
special permit shall provide that, if the owner or operator of the
large-scale ground-mounted solar photovoltaic installation fails to
remove the installation in accordance with the requirements of this
section and the site plan approval or special permit, within 120 days
of abandonment or the proposed date of decommissioning, then the Town
shall be provided with all necessary permission to enter the property
and physically remove the installation. As appropriate, cost of removal
shall be charged to the property owner in accordance with the provisions
of MGL c. 40, § 58.
Q.
Financial surety. Proponents of large-scale ground-mounted solar
photovoltaic projects shall provide a form of surety, either through
escrow account, or other means mutually agreed upon with the Town,
under MGL c. 44, § 53A, or by other lawful means, to cover
the cost of removal in the event the Town must remove the installation
and remediate the landscape, in an amount and form determined to be
reasonable by the Site Plan Review Authority, but in no event to be
less than 75% nor to exceed more than 125% of the cost of removal
and compliance with the additional requirements set forth herein,
as determined by the project proponent. Such surety shall not be required
for municipally or state-owned facilities. The project proponent shall
submit a fully inclusive estimate of the costs associated with removal,
prepared by a qualified engineer. The amount shall include a mechanism
for calculating increased removal costs due to inflation.
R.
Severability. If any provision herein is determined to be unlawful,
it shall be severed from this section and all remaining provisions
shall remain in force and effect.
[1]
Editor's Note: Former § 175-36, Phased development,
added 11-26-2001 STM by Art. 8, as amended, was repealed 6-8-2015
ATM by Art. 19.
[Added 4-7-2003 ATM by Art. 25]
A.
Purpose and intent. The purpose of this district is
to encourage the development of land uses that compliment both the
existing commuter rail line and the established residential areas
surrounding the station, by providing for a mix of small uses on well
buffered sites to support commuters and adjacent residential development,
encourage the continued use of rail service, increase the number of
pedestrian and bicycle trips, while decreasing the number of automobile
trips within the Town.
B.
Design considerations.
(1)
Buildings shall be set close to the street to provide
for convenient pedestrian access while also enhancing the visual aspects
of the Town. Building facades and streetscapes shall be pedestrian
oriented.
(2)
Parking shall not be located in the front yard area. The number of parking spaces shall be provided according to the requirements contained herein that supersede Article VIII of this Zoning Bylaw.
(3)
Common access driveways and shared parking facilities
shall be provided where possible to minimize traffic problems.
(4)
Pedestrian connections to adjacent properties and
the rail station shall be provided where possible and appropriate
as determined by the Planning Board as part of the site plan review
process. When multiple uses exist on a lot covered walkways should
be provided to protect pedestrians from the weather shall be incorporated
into the building design. Benches for public seating should also be
provided on the site plan.
(5)
Landscaping for and architectural elements of the
proposed development shall be of high quality and reflect the historical
New England character of the Town's Central Business District. Use
of street trees and ground level lighting are required.
C.
Uses.
(1)
Mixed-use developments in accordance with the uses identified in § 175-21, Table of Use Regulations. Residential uses are allowed within the district only as part of a larger, mixed-use development and not as a stand-alone principal use except by special permit from the Planning Board. Residential components may not exceed 50% of the total gross floor area of a proposed development except where the residential use is located on the upper floors of commercial buildings in accordance with § 175-37C(2).
[Amended 4-3-2006 ATM by Art. 13]
(2)
Residential units may be located on the upper floors
of commercial buildings as part of a mixed-use development without
limitation as to percentage of total gross floor area provided that:
(a)
The building is connected to the public sewer
system.
(b)
One parking space is provided for each dwelling
unit.
(c)
No units are located on street level or within
a basement.
(d)
There shall be no more than two bedrooms per
unit.
(e)
Units must have a means of egress separate from
the commercial use. No access to the units shall be through a commercial
establishment.
(f)
All units must meet the minimum requirements
of the building and health codes for habitable space.
(3)
Residential uses within the TOD District are not subject to the requirements of Article VII, § 175-32A, B, C, D or E of this Zoning Bylaw. The following supersede those standards.
(a)
For each dwelling unit constructed on a lot/premises, except those in accordance with § 175-37C(2), a minimum of 2,500 SF of lot area shall be provided for each unit in addition to the minimum lot area required by Article VI, § 175-29.
(b)
All buildings shall be a minimum of 15 feet
from any parking area.
(c)
All buildings shall be a minimum of 25 feet
from any lot line that abuts the proposed development including the
street line.
(4)
No single retail use shall exceed 2,000 SF of total floor area [exclusive of any residential use in accordance with Subsection C(2) above], except by the issuance of a special permit from the Planning Board.
(5)
The maximum floor area for retail and/or commercial
use on a single lot shall not exceed 20,000 SF unless approved as
part of a master site development plan approved by special permit
by the Planning Board.
[Added 4-7-2003 ATM by Art. 25]
A.
Purpose and intent. The purpose of this district is
to allow for the reasonable use, enhancement, expansion and redevelopment
of those areas of the Town that are currently developed in a building
intensive manner where parking is available on-street as well as in
common lots.
B.
Design considerations.
(1)
New buildings shall be set close to the sidewalk or
street line to encourage pedestrian access. Pedestrian connections
to adjacent properties shall also be provided where appropriate.
(2)
Parking shall not be allowed in the front or side yard areas and shall only be located in the rear yard area. The number of parking spaces shall be provided in accordance with the requirements of this section that supersede the requirements of Article VIII of this Zoning Bylaw.
(3)
Common access driveways and shared parking shall be
provided where possible.
(4)
Landscaping, signage, and architectural elements of proposed uses
shall be of high quality consistent with existing buildings that reflect
the Historical New England character of the Town. Maximum consideration
shall be given to building design and landscape elements that improve
the streetscape of the district.
[Amended 5-22-2017 ATM
by Art. 18]
C.
Uses. The following are specifically allowed within the district in addition to those uses that are identified in § 175-21, Table of Use Regulations.
(1)
Mixed-use developments.
(2)
Residential uses as part of a mixed-use development where the residential units or components may not exceed 50% of the total gross floor area of a proposed multi-use project except as provided in Subsection C(3). Strictly residential units on lots as stand-alone residential uses in the Central Business District may be permitted by Special Permit from the Planning Board where such uses are appropriate and where the minimum lot size is at least 5,000 square feet and meets the provisions of Subsection C(3)(a), C(3)(b), C.(3)(d) and C(3)(f).
[Amended 4-2-2007 by ATM by Art. 11]
(3)
Residential units may be located on the upper floors
of commercial buildings as part of a mixed-use development without
limitation as to percentage of total gross floor area provided that:
(a)
The building is connected to the public sewer
system.
(b)
One parking space is provided for each dwelling
unit.
(c)
No units are located on street level or within
a basement.
(d)
There shall be no more than two bedrooms per
unit.
(e)
Units must have a means of egress separate from
the commercial use. No access to the units shall be through a commercial
establishment.
(f)
All units must meet the minimum requirements
of the building and health codes for habitable space.
D.
Parking requirements. The following specific parking requirements for the Central Business District modify and supersede the relevant requirements contained in Article VIII of this Bylaw.
(1)
Parking spaces shall be provided as follows:
(a)
One space for each employee on-site at any one
time. The space(s) may be located on-site or be situated off-site
provided a formal agreement exists for use of the space and such evidence
is presented to the Building Inspector as part of the permitting process.
(b)
One space for each residential unit located
within the building, provided that no on-street parking space may
be used to satisfy this requirement.
(c)
One parking space for each 500 SF of net floor
area devoted to commercial or retail use. One existing on-street parking
space may be used to meet the requirements of this section for each
2,000 SF of net floor area.
(e)
Loading spaces may coincide with areas used
to satisfy the parking requirements of this section, provided delivery
times are scheduled to allow non-conflicting multiple use of the space.
(f)
One ten-unit bicycle rack shall be provided
for each proposed use in lieu of one required parking space. These
racks may be dispersed throughout the site or sites.
(2)
Where strict compliance with the standards for off-street
parking are not feasible in the district, the Planning Board may reduce
the parking requirements for business use by not more than 20% by
special permit. Any such request for reduction shall be supported
by the submission of credible evidence of adequate municipal parking,
on-street parking or infeasibility of compliance due to site conditions,
specific design considerations, or other such similar factors.
E.
Historic building reuse and new construction of high architectural quality within the Central Business District, projects which rehabilitate and reuse existing buildings of historical or architectural significance, or projects that propose new construction of high quality as to architectural design, materials, site planning, lighting and landscaping, as determined by the Planning Board as part of § 175-77, Site Plan Review, may:
[Added 4-7-2003 ATM by Art. 25]
A.
Purpose and intent. The purpose of the Multiple Use Planned Development District is to establish areas and standards for the overall planned development of land with mixed-uses. The District attempts to accommodate low-impact activities in an overall low density but with intensive use clusters, making use of natural features and vegetation, screening and setbacks to have minimal impact on surrounding land uses. The following regulations strive to allow a more flexible planned development process than is possible through strict conventional zoning regulations. For the purpose of this district and section the Planning Board shall be the special permit granting authority for special permit uses identified in § 175-21, Table of Uses.
B.
Design considerations.
(1)
Parking is prohibited in the front yard area and shall only be located in the side and/or rear yard. The number of parking spaces shall be provided according to the following requirements that supersede the requirements of Article VIII of this Zoning Bylaw.
(2)
Common access driveways and shared parking shall be
provided where possible.
(3)
Pedestrian connection to adjacent building and properties
shall be provided.
(4)
Bicycle racks shall be provided as part of the parking
plan.
(5)
Landscaping and architectural elements of the proposed
use(s) shall include features to minimize visual impacts on surrounding
lands.
(6)
Landscaping, signage, and architectural elements of proposed uses
shall be of high quality consistent with existing buildings that reflect
the Historical New England character of the Town. Maximum consideration
shall be given to building design and landscape elements that improve
the streetscape of the district.
[Added 5-22-2017 ATM
by Art. 18]
C.
Uses. Uses including mixed-uses consistent with the § 175-21 may be permitted provided that:
(1)
Residential uses (not including transient accommodations)
may only allowed as part of a larger, mixed-use development and shall
not exceed 20% of the gross floor area of the proposed development.
(2)
Not more than 10% of the gross floor area may be devoted
to retail use and commercial services for supporting the overall development
unless by special permit of the Planning Board.
D.
Tract area and frontage. The tract shall be in single
or consolidated ownership at the time of application and shall be
at least 10 acres in size with a minimum of 200 feet of frontage.
If proposed developments are to be subdivided under the Rules and
Regulations Governing the Subdivision of Land each resulting lot shall
comply with the requirements of this section. All internal driveways
providing access to parking areas and buildings shall comply with
the design and construction standards of the Rules and Regulations
Governing the Subdivision of Land, as amended, whether or not the
driveway network constitutes a subdivision.[1]
E.
Parking. Developments shall be served by common parking areas with a common exit and entrance. A reduction in parking space requirements for common parking area shall not exceed more than 15% of those required under normal application of requirements for the particular uses proposed in Article VIII, § 175-52, unless a special permit is granted by the Planning Board in accordance with § 175-53. Applicants should note in particular the visual relief requirements in Article VII, § 175-50.
G.
Building design. Uses may be contained in one continuous
building or groupings of buildings where such groupings are consistent
with the safety of the users of the development and the intent of
this section.
H.
Floor area and lot coverage. The total gross floor
area of all buildings shall not exceed 50% of the total lot area except
by special permit from the Planning Board. Gross floor area may be
increased to 60% of the total lot area provided that a parking garage
is provided for the use(s). Lot coverage shall not exceed 30% of the
total lot area.
[Added 4-7-2003 ATM by Art. 25]
A.
Purpose and intent. The purpose of this district is
to preserve the residential character of existing development along
thoroughfares that are undergoing pressure for commercial development
by providing for the transition to more intensive but compatible uses.
The district emphasizes the preservation and use of existing structures;
provides for buffers and uses compatible with nearby residential areas;
provides for property owners in such transitional areas an additional
opportunity to use their land without severely diminishing the amenity
and residential value of other properties within and in close proximity
to the district; to minimize congestion on major streets, and protects
the character and appearance of areas that are the key elements of
the Town by allowing limited, low-traffic generating non-residential
uses which can operate in adapted/expanded existing houses or compatible
new small-scale office/retail buildings.
B.
Design considerations.
(1)
Parking shall not be allowed in the front yard area. Parking may be permitted in the side yard if properly screened. The number of parking spaces shall be provided according to the requirements contained in Article VIII of this Zoning Bylaw.
(2)
Common access driveways and shared parking facilities
should be provided and are encouraged where possible to minimize traffic
problems.
(3)
Pedestrian access to adjacent properties shall be
provided where possible and appropriate as determined by the Planning
Board as part of the site plan review process.
(5)
Lighting and signs shall be carefully located and
sized to minimize impacts on adjacent residential uses.
(6)
Landscaping, signage, and architectural elements of proposed uses
shall be of high quality consistent with existing buildings that reflect
the Historical New England character of the Town. Maximum consideration
shall be given to building design and landscape elements that improve
the streetscape of the district.
[Added 5-22-2017 ATM
by Art. 18]
C.
Uses.
(1)
One and/or two family dwellings on existing lots, or new lots that comply with the dimensional requirements of § 175-29.
[Amended 4-3-2006 ATM by Art. 13]
(2)
One accessory residential dwelling unit as part of
the principal use of the site.