Town of Abington, MA Special Provisions

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).

The applicant shall also simultaneously file a copy of the application with the Planning Board and the Town Clerk.

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.

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.

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.

Density. For each dwelling unit constructed on a lot/premises, the following minimum land space requirements are required:

First eight units: 10,000 sq. ft./unit.

Each additional unit: 5,000 sq. ft./unit.

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:

Sixty feet from any lot line that abuts the proposed development;

Sixty feet from any street line;

Fifteen feet from any parking area;

Fifty feet from any other residential building granted for the site; and

[Amended 5-24-2021 ATM by Art. 27]

Not more than 35 feet in height.

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]

Screening and buffers. See § 175-66.

Parking. See Article VIII.

Drainage. See § 175-63.

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.

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.

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.

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.

Code compliance. The accessory apartment must comply with current safety, health and construction requirements before occupancy and at every change in ownership.

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.

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:

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.

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.

§ 175-33 Planned commercial development.

Administration.

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.

The applicant shall also simultaneously file a copy of the application with the Planning Board and the Town Clerk.

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.

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.

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.

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.

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.

Drainage. See § 175-63.

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]

Floor area. The total gross floor area of all buildings shall not exceed 50% of the total parcel area.

Dimensional requirements. Buildings shall be at least:

Fifty feet from any lot line;

Fifty feet from any street line;

Twenty-five feet from any parking area; and

Not more than 35 feet in height.

§ 175-34 Excavation of sand and gravel or other earth materials.

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.

Administration:

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.

The applicant shall also simultaneously file a copy of the application with the Planning Board and the Town Clerk.

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.

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.

The following conditions shall govern:

Removal and processing operations shall not be conducted closer than 100 feet to a public street or an abutting lot line.

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.

Off-street parking as required in Article VIII shall be provided.

Any access to excavated areas or areas in the process of excavation will be adequately posted with KEEP-OUT-DANGER signs.

Any work face or bank that slopes more than 30 degrees downward adjacent to a public street will be adequately fenced at the top.

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.

§ 175-35 Flood Plain and Wetlands Protection District.

[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]

Purpose.

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.

The purpose of the Floodplain Overlay District is to:

Ensure public safety through reducing the threats to life and personal injury.

Eliminate new hazards to emergency response officials.

Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding.

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.

Eliminate costs associated with the response and cleanup of flooding conditions.

Reduce damage to public and private property resulting from flooding waters.

FUNCTIONALLY DEPENDENT USE

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.

Definitions. For the purposes of this section of the Zoning Bylaw the following definitions shall be applied:

DEVELOPMENT

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).

FLOODWAY

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).

HIGHEST ADJACENT GRADE

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).

HISTORIC STRUCTURE

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:

By an approved state program as determined by the Secretary of the Interior; or

Directly by the Secretary of the Interior in states without approved programs (US Code of Federal Regulations, Title 44, Part 59).

NEW CONSTRUCTION

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).

RECREATIONAL VEHICLE

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

SPECIAL FLOOD HAZARD AREA

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).

REGULATORY FLOODWAY

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).

START OF CONSTRUCTION

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).

STRUCTURE

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).

SUBSTANTIAL REPAIR OF A FOUNDATION

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).

VARIANCE

A grant of relief by a community from the terms of a floodplain management regulation (US Code of Federal Regulations, Title 44, Part 59).

VIOLATION

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).

Scope and authority and delineation of district.

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.

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.

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.

District administration.

Floodplain administrator. The Town of Abington hereby designates the position of the Building Commissioner to be the official floodplain administrator for the Town.

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

Permitted uses. See § 175-21.

Prohibited uses. See § 175-21.

Floodplain requirements. The following requirements shall be satisfied in the Flood Plain and Wetlands Protection District:

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.

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.

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.

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.

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.

All subdivision proposals shall be designed to assure that:

Each such proposal shall minimize potential flood damage;

All public utilities and facilities shall be located and constructed to minimize or eliminate potential flood damage; and

Adequate stormwater draiange controls shall be provided to reduce exposure to flood hazards.

(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:

Planning Board for each adjacent community.

NFIP State Coordinator.

Massachusetts Department of Conservation and Recreation

251 Causeway Street, Suite 600-700

Boston, MA 02114-2104

NFIP Program Specialist.

Federal Emergency Management Agency, Region I

99 High Street, 6th Floor

Boston, MA 02110

Special permits.

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.

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.

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.

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.

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.

Requirements for all projects in the flood plain and wetlands protection district.

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:

Agricultural uses such as farming, grazing, truck farming, and horticulture.

Forestry and nursery uses.

Outdoor recreational uses, including fishing, boating and play areas.

Conservation of water, plants and wildlife.

Wildlife management areas; foot, bicycle, and horse paths.

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.

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:

MGL c. 131, § 40;

780 CMR (Massachusetts State Building Code), in its entirety, including the portions that address floodplain and coastal high hazard areas;

310 CMR 10.00 [Wetlands Protection Regulations, Department of Environmental Protection (DEP)];

310 CMR 13.00 (Inland Wetlands Restriction, DEP); and

310 CMR 15 (Title 5, Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP).

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.

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.

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.

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.

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.

Enforcement. See §§ 175-80 and 175-81.

Disclaimer of liability. The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.

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.

§ 175-36 Large-scale ground-mounted solar photovoltaic installations. [1]

[Added 6-8-2015 ATM by Art. 26]

Purpose.

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.

LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION

The provisions set forth in this section shall apply to the construction, operation, and/or repair of large-scale ground-mounted solar photovoltaic installations.

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.

Definitions.

AS-OF-RIGHT SITING

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.

BUILDING INSPECTOR

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.

BUILDING PERMIT

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.

DESIGNATED LOCATION

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.

ON-SITE SOLAR PHOTOVOLTAIC INSTALLATION

A solar photovoltaic installation that is constructed at a location where other uses of the underlying property occur.

RATED NAMEPLATE CAPACITY

The maximum rated output of electric power production of the photovoltaic system in direct current (DC).

SITE PLAN REVIEW AUTHORITY

For purposes of this Bylaw, Site Plan Review Authority refers to the body of local government designated as such by the municipality.

SMALL-SCALE ROOF-MOUNTED SOLAR ENERGY EQUIPMENT

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.

SOLAR PHOTOVOLTAIC ARRAY

An arrangement of solar photovoltaic panels.

SPECIAL PERMIT

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.

ZONING ENFORCEMENT AUTHORITY

The person or board charged with enforcing the zoning ordinances or bylaws.

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.

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.

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.

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.

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.

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.

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:

Property lines and physical features, including roads, for the project site;

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;

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.

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;

Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;

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

(m)

Description of financial surety that satisfies § 175-36Q.

The Site Plan Review Authority may waive documentary requirements as it deems appropriate.

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.

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.

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.

Dimension and density requirements.

Setbacks.

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.

The provided setbacks shall be suitable to limit the noise generated by the installation to no more than 40 decibels at the property lines.

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.

Design standards.

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.

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.

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.

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.

Safety and environmental standards.

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.

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.

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.

Monitoring and maintenance.

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.

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.

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.

Abandonment or decommissioning.

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:

Physical removal of all large-scale ground-mounted solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

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.

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.

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.

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.

§ 175-37 Transit Oriented Development District.

[Added 4-7-2003 ATM by Art. 25]

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.

Design considerations.

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.

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.

Common access driveways and shared parking facilities shall be provided where possible to minimize traffic problems.

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.

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.

Existing residential development adjacent to uses under this bylaw shall be adequately buffered in accordance with Article X, §§ 175-66 and 175-67 of this Bylaw.

Uses.

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]

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:

The building is connected to the public sewer system.

One parking space is provided for each dwelling unit.

No units are located on street level or within a basement.

There shall be no more than two bedrooms per unit.

Units must have a means of egress separate from the commercial use. No access to the units shall be through a commercial establishment.

All units must meet the minimum requirements of the building and health codes for habitable space.

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.

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.

All buildings shall be a minimum of 15 feet from any parking area.

All buildings shall be a minimum of 25 feet from any lot line that abuts the proposed development including the street line.

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.

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.

Parking.

The number of parking spaces required by Article VIII, § 175-52 of this bylaw for commercial uses may be reduced by up to 50% without the requirement for a special permit provided that the requirements of § 175-53B and C are met.

One ten-unit bicycle rack shall be provided for each proposed use. The racks shall be sheltered from the weather and conveniently located.

§ 175-38 Central Business District.

[Added 4-7-2003 ATM by Art. 25]

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.

Design considerations.

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.

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.

Common access driveways and shared parking shall be provided where possible.

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]

Uses. The following are specifically allowed within the district in addition to those uses that are identified in § 175-21, Table of Use Regulations.

Mixed-use developments.

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]

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:

The building is connected to the public sewer system.

One parking space is provided for each dwelling unit.

No units are located on street level or within a basement.

There shall be no more than two bedrooms per unit.

Units must have a means of egress separate from the commercial use. No access to the units shall be through a commercial establishment.

All units must meet the minimum requirements of the building and health codes for habitable space.

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.

Parking spaces shall be provided as follows:

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.

One space for each residential unit located within the building, provided that no on-street parking space may be used to satisfy this requirement.

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.

Off-premises parking in accordance with Article VIII, §§ 175-44, 175-45 and 175-46 may be located up to 1,000 feet from the proposed use.

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.

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.

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.

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:

Be exempt from Article VIII, § 175-41 of the parking requirements of this Zoning Bylaw, provided that there is no decrease in the number of parking spaces existing before redevelopment/reuse.

Calculate the number of required parking spaces based upon net floor area.

Reduce the landscaped buffer strip required in Article VIII, § 175-50 to a minimum of five feet and the buffer required in Article X, § 66A to a minimum of 10 feet provided suitable landscaping is provided in accordance with this Bylaw.

Modify any other design requirement or setback of this Zoning Bylaw by special permit from the Board of Appeals.

§ 175-39 Multiple Use Planned Development District.

[Added 4-7-2003 ATM by Art. 25]

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.

Design considerations.

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.

Common access driveways and shared parking shall be provided where possible.

Pedestrian connection to adjacent building and properties shall be provided.

Bicycle racks shall be provided as part of the parking plan.

Landscaping and architectural elements of the proposed use(s) shall include features to minimize visual impacts on surrounding lands.

[Added 5-22-2017 ATM by Art. 18]

Uses. Uses including mixed-uses consistent with the § 175-21 may be permitted provided that:

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.

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.

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]

[1]

Editor's Note: See Ch. 200, Subdivision Rules and Regulations.

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.

Drainage. See Article X, § 175-63.

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.

Dimensional requirements.

[Amended 5-21-2018 ATM by Art. 28]

Buildings shall be located a minimum of:

Fifty feet from any existing lot line or existing street line;

Ten feet from any proposed parking area; and

Be not more than forty 40 feet in height except by special permit from the Planning Board.

Parking areas shall be located a minimum of 50 feet from any existing lot line or existing street line.

§ 175-40 Transitional Commercial District.

[Added 4-7-2003 ATM by Art. 25]

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.

Design considerations.

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.

Common access driveways and shared parking facilities should be provided and are encouraged where possible to minimize traffic problems.

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.

Existing residential development adjacent to uses under this bylaw shall be adequately buffered in accordance with Article X, §§ 175-66 and 175-67 of this Bylaw.

Lighting and signs shall be carefully located and sized to minimize impacts on adjacent residential uses.

[Added 5-22-2017 ATM by Art. 18]

Uses.

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]

One accessory residential dwelling unit as part of the principal use of the site.

Uses in the TC Zone as identified in § 175-21 (table) with a total gross square footage of less than 5,000 SF per lot.