TOWN
OF
PEPPERELL
ZONING
BYLAW
Adopted September 17, 2001 (STM)
(Revisions on
following page)
Revision History
Rev. 1/8/02 per Atty. General's letter dated 12/20/01 (STM 9/17/01)
Rev. 8/5/02 per Atty. General’s letter dated 8/2/02 (ATM 5/6/02)
Rev. 2/26/03 per Atty. General’s letter dated 2/24/03 (STM 10/28/02)
Rev. 9/3/03 per Atty. General’s letter dated 9/2/03 (ATM 5/5/03)
Rev. 12/16/03 per Atty. General’s letter dated 11/21/03 (STM 11/3/03)
Rev. 12/20/04 per Atty. General’s letter dated 12/14/04 (STM 11/8/04)
Rev. 7/20/05 per Atty. General’s letter dated July 6, 2005 (ATM 5/2/05)
Rev. 9/21/06 per Atty. General’s letter dated August 28, 2006 (ATM 5/1/06)
Rev. 1/4/07 per Atty. General’s letter dated Dec. 4, 2006 (STM 10/30/06)
Rev. 8/23/07 per Atty. General’s letter dated August 21, 2007 (ATM 5/7/07)
Rev. 10/1/09 per Atty. General’s letter dated September 10, 2009 (ATM 5/4/09)
TABLE OF CONTENTS
SECTION 1000. PURPOSE AND AUTHORITY............................................................................................................................................. 6
1100. PURPOSE................................................................................................................................................................................................ 6
1200. AUTHORITY........................................................................................................................................................................................... 6
1300. SCOPE...................................................................................................................................................................................................... 6
1400. APPLICABILITY.................................................................................................................................................................................... 6
1500. AMENDMENTS...................................................................................................................................................................................... 6
1600. SEPARABILITY..................................................................................................................................................................................... 6
SECTION 2000. DISTRICTS............................................................................................................................................................................. 6
2100. ESTABLISHMENT................................................................................................................................................................................. 6
2200. OVERLAY DISTRICTS........................................................................................................................................................................ 6
2300. MAP.......................................................................................................................................................................................................... 6
2310. Rules for interpretation of zoning district
boundaries.............................................................................................................. 7
2320. Amendment of Map.......................................................................................................................................................................... 7
SECTION 3000. USE AND TIMING REGULATIONS.................................................................................................................................... 7
3100. PRINCIPAL USES.................................................................................................................................................................................. 7
3110. Symbols............................................................................................................................................................................................... 7
3120. If Classified Under More than One Use........................................................................................................................................ 7
3130. Table of Use Regulations................................................................................................................................................................ 7
3200. ACCESSORY USES............................................................................................................................................................................... 7
3210. Permitted Accessory Uses in All Districts.................................................................................................................................... 7
3220. Nonresidential Accessory Uses....................................................................................................................................................... 8
3230. Residential Accessory Uses............................................................................................................................................................. 8
3240. Prohibited Accessory Uses.............................................................................................................................................................. 8
3300. HOME OCCUPATIONS....................................................................................................................................................................... 8
3310. Home Occupation - As of Right.................................................................................................................................................... 8
3320. Home Occupation - By Special Permit......................................................................................................................................... 9
3400. ACCESSORY APARTMENTS............................................................................................................................................................ 9
3410. Purpose................................................................................................................................................................................................ 9
3420. Procedure............................................................................................................................................................................................ 9
3430. Conditions.......................................................................................................................................................................................... 9
3440. Decision............................................................................................................................................................................................ 10
3500. NONCONFORMING USES AND STRUCTURES......................................................................................................................... 10
3510. Applicability.................................................................................................................................................................................... 10
3520. Nonconforming Uses...................................................................................................................................................................... 10
3530. Nonconforming Structures............................................................................................................................................................ 10
3540. Variance Required......................................................................................................................................................................... 10
3550.Nonconforming Single and Two Family Residential
Structures - Alterations as of Right.............................................. 10
3560. Nonconforming Single and Two Family Residential
Structures - Alterations by Special Permit................................ 11
3570. Abandonment or Non-Use............................................................................................................................................................. 11
3580. Reconstruction after Catastrophe or Demolition.................................................................................................................... 11
3590. Reversion to Nonconformity......................................................................................................................................................... 11
3600.RATE OF DEVELOPMENT................................................................................................................................................................. 11
SECTION 4000. DIMENSIONAL REGULATIONS...................................................................................................................................... 11
4100. GENERAL.............................................................................................................................................................................................. 11
4110. One Structure per Lot..................................................................................................................................................................... 11
4120. Change of Lot.................................................................................................................................................................................. 11
4130. Open Spaces to be Separate.......................................................................................................................................................... 11
4140. Table of Dimensional Requirements.......................................................................................................................................... 11
4200. SPECIAL DIMENSIONAL REGULATIONS................................................................................................................................... 11
4210. Front and Side Yards in Commercial District.......................................................................................................................... 12
4220. Minimum Lot Width in Residential Districts............................................................................................................................ 12
4230. Lot Shape.......................................................................................................................................................................................... 12
4240. Residential Use in Commercial or Industrial District............................................................................................................ 12
4250. Special Permit; Eminent Domain................................................................................................................................................ 12
4300. SPECIAL PERMIT TO VARY HEIGHT LIMITATIONS............................................................................................................... 12
4310. General.............................................................................................................................................................................................. 12
4320. Conditions........................................................................................................................................................................................ 12
4400. ACCESSORY STRUCTURES............................................................................................................................................................ 13
4410. Dimensional Requirements and Location................................................................................................................................. 13
4420. Permitted Accessory Structures................................................................................................................................................... 13
4430. Prohibited Accessory Structures.................................................................................................................................................. 13
SECTION 5000. GENERAL REGULATIONS................................................................................................................................................ 13
5100. PARKING REQUIREMENTS............................................................................................................................................................. 13
5110. General............................................................................................................................................................................................. 13
5120. Shared Parking Facilities............................................................................................................................................................. 13
5130. Location and Layout of Parking Facilities.............................................................................................................................. 14
5140. Special Permit................................................................................................................................................................................. 14
5200. LOADING AREAS............................................................................................................................................................................... 14
5210. General.............................................................................................................................................................................................. 14
5220. Layout and Design of Loading Facilities.................................................................................................................................. 15
5230. Location............................................................................................................................................................................................ 15
5240. Backing onto or Queuing on the Street...................................................................................................................................... 15
5250. Special Permit................................................................................................................................................................................. 15
5300. SIGNS..................................................................................................................................................................................................... 15
5310. General.............................................................................................................................................................................................. 15
5320. Residence Districts......................................................................................................................................................................... 16
5330. Commercial and Industrial Districts.......................................................................................................................................... 16
5340. Prohibited Signs.............................................................................................................................................................................. 16
5350. Special Permit................................................................................................................................................................................. 17
5400. SCREENING, FENCING, WALLS AND BARRIERS.................................................................................................................... 17
5410. General.............................................................................................................................................................................................. 17
5420. One Hundred Percent Screening................................................................................................................................................. 17
5430. Dense Barrier................................................................................................................................................................................... 17
5440. Nonclimbable Fence...................................................................................................................................................................... 17
5500. ENVIRONMENTAL STANDARDS.................................................................................................................................................. 17
5510. General.............................................................................................................................................................................................. 18
5520. Standards.......................................................................................................................................................................................... 18
5530. Erosion Control.............................................................................................................................................................................. 19
SECTION 6000. SPECIAL REGULATIONS.................................................................................................................................................. 19
6100. SOIL REMOVAL.................................................................................................................................................................................. 19
6120. Procedures........................................................................................................................................................................................ 19
6130. Operation Standards...................................................................................................................................................................... 19
6140. Restoration Standards................................................................................................................................................................... 19
6150. Renewals and Completion............................................................................................................................................................ 20
6160. Municipal Exemption.................................................................................................................................................................... 20
6170. Soil Removal Incidental to Construction.................................................................................................................................. 20
6180. Decision............................................................................................................................................................................................ 20
6200. COMMON DRIVES............................................................................................................................................................................. 20
6210. General.............................................................................................................................................................................................. 20
6220. Conditions........................................................................................................................................................................................ 20
6230. Required Documents...................................................................................................................................................................... 21
6240. Bond.................................................................................................................................................................................................. 21
6250. Name and Address.......................................................................................................................................................................... 21
6260. Special Permit................................................................................................................................................................................. 21
SECTION 7000. SPECIAL RESIDENTIAL REGULATIONS..................................................................................................................... 21
7100. OPEN SPACE RESIDENTIAL DEVELOPMENT.......................................................................................................................... 21
7110. Purpose............................................................................................................................................................................................ 21
7120. Definitions....................................................................................................................................................................................... 22
7130. Applicability................................................................................................................................................................................... 22
7140. Permitted Uses................................................................................................................................................................................ 23
7150. Procedures....................................................................................................................................................................................... 23
7160. Common Open Space.................................................................................................................................................................... 27
7170. Decision........................................................................................................................................................................................... 28
7180. Bonuses for Additional Open Space and Affordable
Housing............................................................................................ 30
7190. Severability..................................................................................................................................................................................... 30
7200. PLANNED UNIT DEVELOPMENT................................................................................................................................................... 30
7210.General............................................................................................................................................................................................... 30
7220. Number of Dwelling Units............................................................................................................................................................. 30
7230. Open Space Required..................................................................................................................................................................... 30
7240. Decision............................................................................................................................................................................................ 30
7300. MULTIFAMILY RESIDENTIAL DEVELOPMENT......................................................................................................................... 30
7310. General.............................................................................................................................................................................................. 30
7320. Design Requirements..................................................................................................................................................................... 30
7330. Open Space....................................................................................................................................................................................... 31
7335. Affordable Housing........................................................................................................................................................................ 31
7340. Planning Board Action................................................................................................................................................................. 31
7350. Conditions........................................................................................................................................................................................ 32
7400. TRAILERS............................................................................................................................................................................................. 32
7410. General.............................................................................................................................................................................................. 32
7420. Preexisting Trailers........................................................................................................................................................................ 32
7500. REAR LOTS.......................................................................................................................................................................................... 32
7510. General.............................................................................................................................................................................................. 32
7520. Conditions........................................................................................................................................................................................ 32
SECTION 8000. SPECIAL DISTRICTS......................................................................................................................................................... 32
8100. WATER RESOURCE PROTECTION OVERLAY DISTRICT (WRPOD)................................................................................. 32
8110. Purpose............................................................................................................................................................................................. 32
8120. WRPOD Zones................................................................................................................................................................................. 32
8130. Use Regulations.............................................................................................................................................................................. 34
8140. Special Permit Granting Authority............................................................................................................................................. 36
8150. General Performance Standards................................................................................................................................................. 36
8160.Construction Standards for Single Family Residences........................................................................................................... 37
8170.Additional Construction Standards............................................................................................................................................. 37
8200. [RESERVED]......................................................................................................................................................................................... 37
8300. WIRELESS COMMUNICATIONS OVERLAY DISTRICT (WCOD)......................................................................................... 37
8310. Purpose............................................................................................................................................................................................. 37
8320. Location............................................................................................................................................................................................ 37
8330. Applicability.................................................................................................................................................................................... 37
8340. Permitted Uses................................................................................................................................................................................. 37
8350. Uses Available by Special Permit................................................................................................................................................ 37
8360. Conditions........................................................................................................................................................................................ 38
8370. Submittal requirements................................................................................................................................................................. 38
8400. Sewer Zoning District............................................................................................................................................................. 38
8410. Purpose............................................................................................................................................................................................. 38
8420. Location............................................................................................................................................................................................ 38
8430. Applicability.................................................................................................................................................................................... 38
8440. Regulation........................................................................................................................................................................................ 38
8450. Authority........................................................................................................................................................................................... 39
8500. MIXED USE OVERLAY District................................................................................................................................................. 39
8500. Purpose............................................................................................................................................................................................ 39
8510. Authority.......................................................................................................................................................................................... 39
8520. Exclusivity/Control....................................................................................................................................................................... 39
8530. Eligible Uses................................................................................................................................................................................... 39
8535. Prohibited Uses.............................................................................................................................................................................. 39
8540. Density.............................................................................................................................................................................................. 40
8540. Density.............................................................................................................................................................................................. 40
8560. Parking and Curb Cut.................................................................................................................................................................. 40
8570. Signage............................................................................................................................................................................................ 40
8580. Application..................................................................................................................................................................................... 40
8590. Planning Board Findings............................................................................................................................................................ 40
8600. Affordable Housing....................................................................................................................................................................... 41
8700. Standards for Roadways and Drainage.................................................................................................................................... 42
8800. Amendments.................................................................................................................................................................................... 42
SECTION 9000. ADMINISTRATION AND PROCEDURES...................................................................................................................... 42
9100. ADMINISTRATION............................................................................................................................................................................. 42
9110. General.............................................................................................................................................................................................. 42
9120. Building
Commissioner.......................................................................................................................................................... 42
9130. Application Requirements............................................................................................................................................................ 42
9140. Referral............................................................................................................................................................................................. 43
9150.Decision............................................................................................................................................................................................. 43
9160. Enforcement..................................................................................................................................................................................... 43
9170. Penalties........................................................................................................................................................................................... 43
9180. Noncriminal Disposition............................................................................................................................................................... 43
9200. BOARD OF APPEALS........................................................................................................................................................................ 43
9210. Establishment.................................................................................................................................................................................. 43
9220. Powers............................................................................................................................................................................................... 44
9230. Conditions........................................................................................................................................................................................ 44
9240. Variance; Lapse.............................................................................................................................................................................. 44
9250. Regulations...................................................................................................................................................................................... 44
9260. Fees.................................................................................................................................................................................................... 44
9300. SPECIAL PERMITS............................................................................................................................................................................. 44
9310. Special Permit Granting Authority............................................................................................................................................. 44
9320. Criteria.............................................................................................................................................................................................. 44
9330. Procedures........................................................................................................................................................................................ 44
9340. Conditions........................................................................................................................................................................................ 45
9350. Plans.................................................................................................................................................................................................. 45
9360. Regulations; Fees........................................................................................................................................................................... 45
9370. Lapse................................................................................................................................................................................................. 45
9400. SITE PLAN REVIEW........................................................................................................................................................................... 45
9410. Applicability.................................................................................................................................................................................... 45
9420. Procedures........................................................................................................................................................................................ 45
9430. Coordination with Other Permits................................................................................................................................................ 45
9440. Pre-application Sketch.................................................................................................................................................................. 46
9450. Submittal Requirements................................................................................................................................................................ 46
9460. Approval........................................................................................................................................................................................... 47
9470. Lapse and Appeal........................................................................................................................................................................... 47
9480. Regulations; Fees........................................................................................................................................................................... 47
9500. ASSOCIATE MEMBER OF PLANNING BOARD......................................................................................................................... 47
9510. General.............................................................................................................................................................................................. 47
SECTION 10000. DEFINITIONS.................................................................................................................................................................... 47
APPENDIX A........................................................................................................................................................................................................ 54
APPENDIX B........................................................................................................................................................................................................ 57
ENDNOTES.......................................................................................................................................................................................................... 58
ZONING BYLAW
TOWN OF PEPPERELL, MASSACHUSETTS
SECTION 1000. PURPOSE AND AUTHORITY
1100. PURPOSE. These
regulations are enacted to promote the general welfare of the Town of
Pepperell, to protect the health and safety of its inhabitants, to encourage
the most appropriate use of land throughout the town, and to increase the
amenities of the town, all as authorized by, but not limited to, the provisions
of the Zoning Act, G.L. c. 40A, as amended, and Section 2A of 1975 Mass. Acts
808.
1200. AUTHORITY This
Zoning Bylaw is enacted in accordance with the provisions of the General Laws,
Chapter 40A, any and all amendments thereto, and by Article 89 of the
Amendments to the Constitution of the Commonwealth of Massachusetts.
1300. SCOPE For these purposes,
the construction, repair, alteration, reconstruction, height, number of
stories, and size of buildings and structures, the size and width of lots, the
percentage of lot area that may be occupied, the size of yards, courts, and other
open spaces, the density of population, and the location and use of buildings,
structures, and land in the Town of Pepperell are regulated as hereinafter
provided.
1400. APPLICABILITY. All buildings
or structures hereinafter erected, reconstructed, altered, enlarged, or moved,
and the use of all premises in the Town of Pepperell, shall be in conformity
with the provisions of the Zoning Bylaw. No building, structure or land shall
be used for any purpose or in any manner other than is expressly permitted
within the district in which such building, structure or land is located.
Where the application of this Bylaw imposes greater restrictions than those
imposed by any other regulations, permits, restrictions, easements, covenants,
or agreements, the provisions of this Bylaw shall control. Nothing herein
shall be construed to supersede the provisions of the State Building Code, 780
CMR 1.00, et seq.
1500. AMENDMENTS. This Bylaw
may from time to time be changed by amendment, addition, or repeal by the Town
Meeting in the manner provided in G.L. c. 40A, s.5, and any amendments thereto.
1600. SEPARABILITY. The
invalidity of any section or provision of this Bylaw shall not invalidate any
other section or provision herein.
SECTION
2000. DISTRICTS
2100. ESTABLISHMENT. For the
purpose of this Bylaw, the Town of Pepperell is divided into the types of
zoning districts set forth below:
Rural
Residence RR Urban Residence UR
Town
Residence TR Commercial C
Recreational
Residence RCR Industrial I
Suburban
Residence SR
2200. OVERLAY DISTRICTS. In
addition, the following overlay districts are also hereby established in
Section 8000:40
Mixed-Use MUOD
Sewer District SD
Water Resource Protection WRPOD
Wireless Communications WCOD
2300. MAP. The
location and boundaries of the zoning districts are established as shown on a
map entitled “Town of Pepperell / Zoning Map” dated 3/29/04, produced by the Northern Middlesex Council of Governments (NMCOG); they are, additionally, defined
and delineated verbally in a written addendum to the map. Both the map and the
addendum to the map are on file in the Office of the Town Clerk and the Office
of the Board of Selectmen. The map, including all explanatory legend and memoranda
thereupon or attached thereto (i.e. the addendum) is hereby declared to
constitute the Official Zoning Map of the Town of Pepperell. Any alteration in
the location of the boundaries of a zoning district hereafter approved by Town
Meeting and the Attorney General shall be reflected in a corresponding
alteration of the Map (including the addendum), and the Map, thus altered, is
declared to be part of the Bylaw thus amended. Direct photographic
reproductions of this Zoning Map may serve as copies of the Zoning Map.[1]
2310. Rules
for interpretation of zoning district boundaries. Where
uncertainties exist as to the boundaries of districts as shown on the
Official Zoning Map the following shall apply:
2311. Where the boundary lines are
shown upon the Map within the side lines of public and private ways, railroads or
water courses, the center lines of such ways shall be the boundary lines.
2312. Where the boundary lines are
shown upon the Map, approximately on the location of property or lot lines, and
the exact location of property, lot or boundary lines is not indicated by
means of dimensions shown in figures, then the property or lot lines shall
be the boundary lines.
2313. Boundary lines located
outside of such lines of public and private ways and shown approximately
parallel thereto shall be regarded as parallel to such side lines and
dimensions shown in figures on the Map between such boundary lines
and side lines of public & private ways are the distances in feet of such
boundary lines from such side lines, such distances being measured
at right angles to such side lines unless otherwise indicated.
2314. In all cases which are not
covered by other provisions of this Section, the location of boundary lines
shall be determined by the distance in feet, if given, from other lines
upon said Map, by the use of identifications as shown on the Map, or by the
scale of the Map.
2315. Where a district boundary
line divides a lot which was, as a matter of record, in existence on the
effective date of this chapter, the Board of Appeals may permit, by special
permit, the extension of the regulations of the less restricted
district a distance not to exceed 50 feet beyond the district line into the
remaining portion of the lot in the more restricted district.
2316. Where boundary lines are
contour lines they are of indicated elevation above the datum mean sea level of
the U.S. Geological Survey.
2320. Amendment
of Map. Any change
of the Zoning Map shall constitute an amendment of this Bylaw and the procedure
for making such a change shall conform to the requirements for amending
this Bylaw.
SECTION
3000. USE AND TIMING REGULATIONS
3100. PRINCIPAL USES. No land
shall be used and no structure shall be erected or used except as set forth in
the following Table of Use Regulations, including the notes to the Schedule, or
as otherwise set forth herein, or as exempted by General Laws. Any building or
use of premises not herein expressly permitted is hereby prohibited.
3110. Symbols. Symbols employed
in the Table of Use Regulations shall mean the following:
Y Permitted
as of right
N Prohibited
BA Special
Permit/Board of Appeals
PB Special
Permit/Planning Board
BOS Special
Permit/Board of Selectmen
3120. If Classified
Under More than One Use. Where an activity
may be classified as more than one of the principal uses listed in the Table of
Use Regulations, the more specific classification shall determine
permissibility; if equally specific, the more restrictive shall govern.
3130. Table of Use
Regulations. SEE APPENDIX A.
3200. ACCESSORY USES
3210. Permitted
Accessory Uses in All Districts The following
accessory uses are specifically permitted as of right or by special permit:
3211. Accessory Scientific Uses.
Uses, whether or not on the same parcel as activities permitted as a matter of
right, which are necessary in connection with scientific research or
scientific development or related production, may be permitted upon the
issuance of a special permit by the Board of Appeals, provided that the Board
finds that the proposed use does not substantially derogate from the
public good.
3212. Family Day Care Homes.
Small family day care homes, are allowed as an accessory use as of right in all
districts. Large family day care homes are allowed in all
districts only upon the issuance of a special permit by the Board of Appeals.
3220. Nonresidential
Accessory Uses. Any use
permitted as a principal use is also permitted as an accessory use provided such
use is customarily incidental to the main or principal building or use of the
land. Any use authorized as a principal use by special permit may
also be authorized as an accessory use by special permit provided such use is
customarily incidental to the main or principal building or use of
the land. Any use not allowed in the district as a principal use is also
prohibited as an accessory use. Accessory uses are permitted only in
accordance with lawfully existing principal uses. In all instances
where site plan review and approval is required for a principal use, the
addition of any new accessory use to the principal use, where such
addition exceeds the thresholds established in Section 9400, shall also require
site plan review and approval.
3230. Residential
Accessory Uses The following
accessory uses are specifically permitted as of right or through a Board of Appeals
Special Permit in the Residence Districts, as set forth herein, and shall be
maintained in a safe and sanitary manner:
3231. Boarders in Single-Family
Dwelling. The renting of rooms and/or furnishing of board to not more than two
persons in a single-family dwelling by the owner/occupant thereof
shall be a permitted accessory use. The renting of rooms and/or
furnishing of board to three or four persons in a single-family dwelling by the
owner/occupant thereof shall be allowed as an accessory use
upon the grant of a special permit. The renting of rooms and/or
furnishing of board to four or more persons shall be deemed a boarding house
subject to the provisions of the Table of Use Regulations.[2]
3232. Contractor's yard for the
storage of building materials or equipment; provided a special permit is
granted.
3233. Commercial landscaping equipment,
materials, supplies; provided a special permit is granted.
3234. The overnight parking of
commercial vehicles owned or operated by a resident of the premises, subject to
the following limitations; nothing herein shall be construed to authorize a
business at the location where such vehicles are parked overnight:
a.
one or more commercial vehicle less than 15,000 gvw are allowed as of
right;
b. one
commercial vehicle of more than 15,000 gvw but less than 35,000 gvw is also
allowed as of right;
c.
more than one commercial vehicle of more than 15,000 gvw but less than
35,000 gvw is allowed by special permit;
d. any
commercial vehicle larger than 35,000 gvw is allowed by special permit.
3240. Prohibited
Accessory Uses. The
following accessory uses are prohibited:
3241.
Unregistered Motor Vehicles. Not more than one (1) unregistered motor
vehicle or trailer or major part(s) thereof, except for farm vehicles,
shall remain ungaraged upon any premises at any time unless under a Class 1 or
Class 2 license for sale of motor vehicles. No unregistered motor vehicle may
be stored or maintained upon any premises within fifty (50) feet from a
street, public way or way laid out on a recorded plan.
3242.
Residence Districts. In the Residence Districts, the following
accessory uses are prohibited:
a.
Commercial kennels;
b. Commercial
auto repair or service.
3300. HOME OCCUPATIONS
3310. Home Occupation -
As of Right. A home
occupation may be allowed as of right, provided that it:
3311.
is conducted solely within a dwelling unit or in a building or other
structure accessory thereto, and solely by the person(s)
occupying the dwelling as a primary residence;41
3312.
is clearly incidental and secondary to the use of the premises for
residential purposes;
3313.
does not produce offensive noise, vibration, smoke, dust, odors, heat,
lighting, electrical interference, radioactive emission or
environmental pollution in accordance with the provisions of Section 5500;
3314.
does not utilize exterior storage of material or equipment (commercial
vehicles allowed per the guidelines in Section 3234);42
3315.
does not exhibit any exterior indication of its presence or any
variation from residential appearance;
3316.
does not produce any customer, pupil, client, or delivery trips greater
than associated with residential use to the occupation site and has no
nonresident employees;
3317.
is registered as a business with the Town Clerk.
3320. Home
Occupation - By Special Permit. A home
occupation may be allowed by special permit issued by the Board of Appeals,
provided that it:
3321.
fully complies with Sections 3312, 3313, 3314, and 3317, above.
3322.
is conducted within a dwelling or accessory structure solely by the person(s)
occupying the dwelling as a primary residence and, in addition to the
residents of the premises, by not more than two additional employees; where
employees leave vehicles on the premises while conducting business elsewhere,
they shall be counted as nonresident employees.43
3323.
does not exhibit any exterior indication of its presence, or any
variation from residential appearance, except for a sign or name
plate in compliance with Section 5300;
3324.
not more than three home occupations may be conducted out of dwelling;
in no event shall the number of nonresident employees exceed two in the
aggregate;
3325.
a special permit for such use is granted by the Board of Appeals,
subject to conditions including, but not limited to, restriction of hours
of operation, maximum floor area, off-street parking, and maximum number of daily
customer or other vehicle trips. Such special permit shall be limited to five
years, or the transfer of the property, whichever first occurs.
3326.
does not include sales at retail of foods or materials unless such goods
or materials are made on the premises and no more than 300 square
feet shall be utilized for this purpose; unless otherwise allowed by the Table
of Use Regualtions.44
3400. ACCESSORY APARTMENTS
3410. Purpose. For the
purpose of (a) providing small additional dwelling units to rent without adding
to the number of buildings in the Town, or substantially altering the
appearance of the Town, (b) providing alternative housing options for elder
residents, and (c) enabling owners of single family dwellings larger than
required for their present needs, particularly elderly homeowners, to share
space and the burdens of home ownership, the Board of Appeals may grant a
special permit in accordance with the following requirements.
3420. Procedure.
Accessory apartments may be allowed by special permit, from the Board of
Appeals, in accordance with the special permit process in this Zoning Bylaw,
as set forth in Section 9300, and provided that each of the following
additional criteria are met.45
3430. Conditions.
3431. A
plot plan of the existing dwelling unit and proposed accessory apartment shall
be submitted to the Board of Appeals, showing the location of the
building on the lot, proposed accessory apartment, location of any septic system
or sewer line, private well or water line and required parking.
3432. One
of the two dwelling units shall be occupied by the owner of the property,
except for bona fide temporary absence(s). At the hearing on the
application for the special permit, the applicant shall provide an affidavit of
intent to occupy one of the two dwelling units. Any special permit for
an accessory apartment shall lapse if neither unit is owner-occupied.[3]
3433. Not
more than one accessory apartment may be established on a lot. The accessory
apartment shall not exceed 800 sq. ft. in gross floor space and
shall be located in the principal residential structure on the premises;46
3434. The
external appearance of the structure in which the accessory apartment is to be
located shall not be significantly altered from the appearance of a
single‑family structure.
3435. Sufficient
and appropriate space for at least one (1) additional parking space shall be
constructed by the owner to serve the accessory apartment. Said
parking space shall be constructed of materials consistent with the existing
driveway and shall have vehicular access to the driveway.
3440. Decision. Special
permits for an accessory apartment may be granted by the Board of Appeals upon
a finding that the construction and occupancy of the apartment will not
be detrimental to the neighborhood in which the lot is located and after
consideration of the factors specified in Section 9300 of this Zoning Bylaw,
governing special permits.
3500. NONCONFORMING USES AND
STRUCTURES
3510. Applicability. This
Zoning Bylaw shall not apply to structures or uses lawfully in existence or
lawfully begun, or to a building or special permit issued before the
first publication of notice of the public hearing required by G.L. c. 40A, s. 5
at which this Zoning Bylaw, or any relevant part thereof, was
adopted. Such prior, lawfully existing nonconforming uses and
structures may continue, provided that no modification of the use or structure
is accomplished, unless authorized hereunder.
3520. Nonconforming
Uses. The Board of
Appeals may issue a special permit to change a nonconforming use in accordance with
this section only if it determines that such change or extension shall not be
substantially more detrimental than the existing nonconforming use
to the neighborhood. The following types of changes to nonconforming uses may
be considered by the Board of Appeals:
3521. Change
or substantial extension of the use;
3522. Change
from a nonconforming use to another, less detrimental, nonconforming use.
3530. Nonconforming
Structures. The Board of
Appeals may issue a special permit to reconstruct, extend, alter, or change a
nonconforming structure in accordance with this section only if it determines
that such reconstruction, extension, alteration, or change shall
not be substantially more detrimental than the existing nonconforming structure
to the neighborhood. The following types of changes to nonconforming
structures may be considered by the Board of Appeals:
3531. Reconstructed,
extended or structurally changed;
3532. Altered
to provide for a substantially different purpose or for the same purpose in a
substantially different manner or to a substantially greater extent;
3540. Variance
Required. The
reconstruction, extension or structural change of a nonconforming structure in
such a manner as to increase an existing nonconformity, or create a
new nonconformity, including the extension of an exterior wall at or
along the same nonconforming distance within a required yard, shall require the
issuance of a variance from the Board of Appeals; provided, however, that
this provision shall not apply to nonconforming single and two family residential
structures, which shall be governed by Section 3550, below.
3550. Nonconforming
Single and Two Family Residential Structures - Alterations as of Right. Nonconforming
single and two family residential structures may be reconstructed,
extended, altered, or structurally changed upon the issuance of
a building permit after a determination by the Building Commissioner that such
proposed reconstruction, extension, alteration, or change does not
increase the nonconforming nature of said structure. The following
circumstances shall not be deemed to increase the nonconforming
nature of said structure:
3551. alteration
to a structure which is located on a lot with insufficient area, where such
alteration complies with all current setback, yard, building coverage, and
building height requirements.
3552. alteration
to a structure which is located on a lot with insufficient frontage where such
alteration complies with all current setback, yard, building
coverage, and building height requirements.
3553. alteration
to a structure which encroaches upon one or more required yard or setback
areas, where such alteration complies with all current setback, yard,
building coverage and building height requirements.
3554. alteration
to a nonconforming structure which will not increase the footprint of the
existing structure providing that existing height restrictions shall
not be exceeded.
3555. alteration
to the side or face of a structure which is nonconforming with regard to a
required yard or setback area where such alteration will not
encroach upon such area to a distance greater than the existing structure.
3556. Notwithstanding
subsections 3551-3555, an addition or accessory structure to a single or two
family residential structure or a use accessory to a residential
building or structure lawfully erected upon a nonconforming lot may be
placed within the front, side and rear yard setbacks that applied, if any, when
the building permit was issued for the principal building. In no
instance may any building or structure be less than ten (10) feet
from the side or rear property lines or less than twenty-five (25) feet from
the front property line.
3560. Nonconforming
Single and Two Family Residential Structures - Alterations by Special Permit In the event that the
Building Commissioner, after applying subsections 3551-3556, above, determines
that the nonconforming nature of such structure would be increased
by the proposed reconstruction, extension, alteration, or change, the Board of Appeals
may, by special permit, allow such reconstruction, extension,
alteration, or change where it determines that the proposed
modification will not be substantially more detrimental than the existing
nonconforming structure to the neighborhood.
3570. Abandonment or
Non-Use A nonconforming use
or structure which has been abandoned, or not used for a period of two
years, shall lose its protected status and be subject to all of the provisions
of this Zoning Bylaw.
3580. Reconstruction
after Catastrophe or Demolition. Any
nonconforming structure may be reconstructed after a catastrophe
or after demolition in accordance with the following provisions:
3581. Reconstruction
of said premises shall commence within two years after such catastrophe or
demolition.
3582. The
reconstructed building(s) shall be located within the cube of the original
nonconforming structure, as defined by the preexisting footprint and height
thereof.
3583. In
the event that the reconstruction is proposed outside the cube of the original
nonconforming structure, a special permit shall be required from the Board
of Appeals prior to commencement of any reconstruction.
3590. Reversion to
Nonconformity. No
nonconforming use shall, if changed to a conforming use, revert to a nonconforming
use.
3600. RATE OF
DEVELOPMENT[4]
SECTION
4000. DIMENSIONAL REGULATIONS
4100. GENERAL. No
structure shall be erected or used, premises used, or lot changed in size or
shape except in conformity with the requirements of this
section, unless otherwise exempted by this Bylaw or by statute.
4110. One Structure per Lot Except as
otherwise provided herein, not more than one principal structure may be placed
on any lot.
4120. Change of Lot. No
existing conforming or nonconforming lot shall be changed in size or shape
except through a public land taking or donation for road
widening, drainage, or utility improvements or except where otherwise permitted
herein, so as to create a nonconformity or increase the degree of
nonconformity that presently exists. If land is subdivided, conveyed,
devised or otherwise transferred in violation hereof, no building or other
permit shall be issued with reference to said transferred land until the lot
retained meets the requirements of this Bylaw.
4130. Open Spaces to be
Separate. No yard,
court or open space or part thereof shall be included as a part of the yard,
court or open space similarly required for any other building,
structure or dwelling unit.
4140. Table of
Dimensional Requirements The following table
shall govern dimensional requirements in the various districts:
TABLE OF DIMENSIONAL CONTROLS
|
DISTRICT
|
MINIMUM
LOT AREA
(SQ. FT.)
|
MINIMUM
LOT FRONTAGE
(FT.)
|
MINIMUM
FRONT YARD (FT.)
|
MINIMUM
SIDE YARD (FT.)
|
MINIMUM REAR YARD (FT.)
|
|
RR
|
80,000
|
200
|
50
|
30
|
75
|
|
TR
|
80,000
|
150
|
50
|
25
|
60
|
|
RCR
|
80,000
|
150
|
50
|
25
|
60
|
|
SR
|
40,000
|
150
|
30
|
15
|
45
|
|
UR
|
40,000
|
150
|
30
|
15
|
45
|
|
C
|
None
|
50
|
30
|
15
|
25
|
|
I
|
None
|
None
|
40
|
30
|
45
|
4200. SPECIAL
DIMENSIONAL REGULATIONS
4210. Front and Side
Yards in Commercial District. In a
Commercial District the Planning Board may, by special permit, vary the
minimum front and side yard requirement where adequate access to required
parking is shown and the standards for a special permit are met, provided that
the floor area of the resulting building is no greater than it would be
if there were no special permit.
4220. Minimum Lot
Width in Residential Districts. The minimum
width of any lot in a residential district between the dwelling and the
lot frontage shall be no less than forty (40) feet.
4230. Lot
Shape The
following rules apply to lot shape:
4231. In
all residential districts, the required minimum lot frontage shall be
maintained into the lot at least as far back as the required
minimum front yard for the applicable district.
4232. If
the width of a lot narrows to less than fifty percent (50%) of the width of the
frontage within the first one hundred fifty (150) feet of the lot depth, the
dimensional controls for a rear lot as set forth in Section 7500 shall apply.
4233. At
no point shall the lot width measure less than forty (40) feet.
4234. The
shape of all lots shall conform to the following requirement:
1.
16A > 0.4
2.
P2
3.
Where:
4.
A = the lot area in square feet
5.
P = the lot perimeter in feet.
4235. This
formula may be applied to a lot which conforms to all requirements of Section
4000, including, but not limited to frontage, lot area, a minimum of 30,000
contiguous square feet of land exclusive of wetland and flood
hazard areas and, when applicable, any requirements of Section 8100.[5]
4240. Residential Use in
Commercial or Industrial District A residential use
hereafter located in a commercial or industrial district shall
conform to the dimensional requirements of the nearest residential district
except dwelling units above the first floor as allowed in the Commercial
District.47
4250. Special Permit;
Eminent Domain. Where an
action in eminent domain results in a lawfully preexisting building lot being
rendered nonconforming, the Board of Appeals may grant a special permit to
allow such lot may be built upon thereafter, provided that such lot has 100
feet of remaining frontage and a minimum area of 10,000 square feet.
4300. SPECIAL PERMIT TO
VARY HEIGHT LIMITATIONS
4310. General In an Urban
Residential or Commercial District the Planning Board may, by special permit,
authorize greater height for the purposes of:
4311. increasing
the available light and air in and around the building and adjacent buildings;
4312. better
vehicle and/or pedestrian access to the building and surrounding buildings and
accessory parking and other uses;
4313. increasing
the amount of open space, park and recreation areas for users of the building
or the general public;
4314. preserving
or enhancing scenic views within and beyond the structure and between adjacent
structures; or
4315. maximizing
benefits of cluster development, including but not limited to better siting of
buildings, efficient use of public services and facilities and
preservation of substantial open space and natural areas.
4320. Conditions. Special
permits pursuant to this Section 4300 shall be subject to all of the following
standards:
4321. The
building or structure shall be no greater in height than one and one half (1.5)
times the building setback from the center line of the public way or ways
which abut the land upon which the said building or structure is proposed to
be erected.
4322. The
height of buildings and structures shall be no greater than two (2) times the
average of the highest point of buildings and structures on abutting lots
under separate ownership. When any such abutting lots are vacant, the
building height on such lots shall be presumed to be thirty-five (35) feet.
4323. When
a special permit is granted, setbacks may also be adjusted by the Planning
Board so that minimum side, rear and front yards are increased by
a multiple of the ratio of the height requirements otherwise applicable to authorized
height of the building or structure.
4324. The
Planning Board shall find, after consultation with the Board of Fire Engineers,
that fire protection will be sufficient and that the preliminary and final
plans and designs for a proposed building or structure have been or
will be prepared by a registered engineer or architect in keeping with
generally recognized building construction standards.
4400. ACCESSORY
STRUCTURES
4410. Dimensional
Requirements and Location Except as otherwise
provided herein, the following dimensional rules shall apply to accessory
structures:
4411. No
accessory building or structure, except a permitted sign or roadside stand,
shall be located within a required front yard setback.
4412. Accessory
structures or buildings with a footprint of 120 square feet or less may be
located within ten (10) feet of a rear or side property line.[6]
4413. Accessory
structures or buildings with a footprint larger than 120 square feet shall be
set back from side or rear property lines in accordance with the provisions
of the Table of Dimensional Regulations, Section 4140.48
4414. An
accessory building attached to its principal building or within ten (10) feet
of it shall be considered an integral part thereof and as such shall be
subject to the front, side, and rear yard requirements applicable to the principal
building.
4415. Accessory
structures and buildings shall be located on the same lot as the principal
structure on the premises.
4420. Permitted
Accessory Structures. The
following accessory structures are permitted in all districts:
4421. Accessory
building not more than 28 feet in height above the average grade level around
the structure; provided, however, that a barn shall not be subject to
this requirement.[7]
4422. Boundary
fences, walls, or hedges shall be permitted provided that they do not exceed
six (6) feet in height and provided that no fence which obstructs vision
shall exceed thirty-six (36) inches in height within twenty (20) feet
of the street line or within twelve (12) horizontal feet of a habitable room in
an abutting dwelling.
4423. Flag
poles of a height not to exceed 20 feet are permitted and shall be exempt from
the setback requirements of this Section.
4424. Swimming
pools, game courts, and the like are accessory structures and shall comply with
the State Building Code and all applicable setback requirements
of this Zoning Bylaw.
4430. Prohibited
Accessory Structures In the Residence
Districts, the following accessory structures are prohibited, unless, in
the case of a lawful business use, a special permit is granted from the Board
of Appeal:
4431. Convex
box;
4432. Steel
storage unit over 100 square feet.
SECTION
5000. GENERAL REGULATIONS
5100. PARKING
REQUIREMENTS
5110. General. Parking
requirements in Residence Districts, Commercial and Industrial Districts shall
be as set forth in Appendix B. Required parking shall be provided on
the same lot as the main use it is to serve.
5120. Shared Parking
Facilities. Parking
required for two (2) or more buildings or uses (such as a shopping center or industrial
park) may be provided in combined facilities where it is evident that such
facilities shall continue to be available for the several buildings
or uses and where the parking provided meets all of the requirements of this
section for each of the uses in the combination.
5121. Evidence
shall be submitted that parking is available within five hundred (500) feet of
the premises, which lot satisfies the requirements of this Bylaw and has
excess capacity during all or part of the day, which excess capacity shall
be demonstrated by competent parking survey conducted by a traffic engineer
registered in the Commonwealth of Massachusetts.
5122. A contract,
agreement, or suitable legal instrument acceptable to legal counsel, shall be
filed with the application for building permit, occupancy permit,
or special permit which shall specify the location of all spaces
to be jointly used, the number of such spaces, the hours during the day that
such parking shall be available, and the duration or limit, if any
on such parking.
5123. Any
reduction in area required for parking because of these joint use provisions
may be required as reserved landscaped open space; such area shall be
computed at the rate of four hundred (400) square feet per parking space.
5124. Nothing
in this section shall relieve the owner from providing parking facilities in
accordance with this Bylaw if subsequently the joint use of
parking facilities shall terminate.
5130. Location
and Layout of Parking Facilities.
5131. Each
required car space shall not be less than eight and one half (8.5) feet wide
nor less than twenty (20) feet long exclusive of aisles and
driveways. No curb cut for parking facilities shall exceed thirty (30) feet in
width. Required parking may be enclosed in a structure or may be
provided in an open lot.
5132. Adequate
access to required parking spaces for each main use for town emergency vehicles
shall be provided from the lot frontage, provided that where the
main use is located two hundred fifty (250) feet or more from the lot
frontage, the Building Commissioner shall, prior to the issuance of a permit
therefor, refer the permit application to the Board of Fire
Engineers and Police Chief for an advisory opinion. Any exception to the foregoing
requirement for access from the lot frontage shall only be allowed by Planning
Board approval of a special permit for either a common drive which conforms
to Section 6200, or for other access in accordance with Section 9300.
5133. All
required parking spaces shall be graded, surfaced and drained to the
satisfaction of the Building Inspector to the extent necessary to
avoid a nuisance of dust, erosion or excessive water flow across public streets
or any other nuisance.
5134. All
roads, drives, parking areas and walks shall be constructed so as to afford
adequate access to town ways. The recommendation of the Police
Chief or Board of Fire Engineers shall be used in determining the adequacy.
More than one (1) means of entering and exiting may be required by the Planning
Board on a parcel where more than fifty (50) dwelling units are
proposed or where indicated by safety and traffic conditions. Proper maintenance
of all private roads, drives, parking areas and walks on a site, including snow
removal, shall be the responsibility of the owner.
5140. Special
Permit Any
parking requirement set forth herein may be reduced upon the issuance of a
special permit by the Planning Board if the Board finds that the
reduction is not inconsistent with public health and safety, or that the reduction
promotes a public benefit. Such cases might include:
5141. Use
of a common parking lot for separate uses having peak demands occurring at
different times;
5142. Age
or other characteristics of occupants of the facility requiring parking which
reduces auto usage;
5143. Peculiarities
of the use which make usual measures of demand invalid;
5144. Availability
of on-street parking or parking at nearby municipally owned facilities.
5145. Where
a special permit is granted, a reserve area, to be maintained indefinitely as
landscaped open space, may be required sufficient to accommodate
the difference between the spaces otherwise required and the spaces reduced
by special permit. The parking/site plan shall show (in dotted outline) how
the reserve area would be laid out to provide the otherwise required
number of spaces.
5200. LOADING
AREAS
5210. General. All
buildings requiring the delivery of goods as part of their function shall be
provided with bays and suitable space for the off street maneuvering and
loading of vehicles. An application for the erection of a new nonresidential building
which is in the category of retail trade, wholesale trade, storage,
manufacturing, or the like, or for the alteration or extension of an
existing building of such type shall include a plan for loading facilities for
the entire structure in accordance with the following Table of
Loading Requirements.
TABLE OF LOADING
REQUIREMENTS
|
Gross Floor area (sq. ft.)
|
Number of Bays Required
|
|
20,000 to 50,000
|
1
|
|
50,000 to 100,000
|
2
|
|
100,000 to 150,000
|
3
|
|
150,000 to 300,000
|
4
|
|
Each 100,000 over 300,000
|
1 additional
|
5220. Layout
and Design of Loading Facilities
5221. Loading
bays shall not be less than twelve (12) feet in width, sixty-five (65) feet in
length, and fourteen (14) feet in height, exclusive of driveway and
maneuvering space. Required off-street loading bays and maneuvering
spaces shall be located entirely on the same lot as the building being served.
5222. Individual
loading spaces, maneuvering areas, entrances and exits shall be suitably
identified with lines and arrows, as deemed necessary by the Building
Commissioner.
5223. Screening
and Landscaping Requirements. Loading areas shall be screened in accordance
with Section 5400, herein.
5224. Loading
facilities shall be designed and located in areas exclusive of any
customer/client parking facilities. Parking facilities designated for
employee only parking may be allowed in the same general area as the loading facilities
if deemed a safe location by the Planning Board.49
5230. Location. Any
enclosed loading space shall be located at least 30 feet from any street line
and any open loading space shall be so designed that trucks when
loading or unloading will not project over any street line.
5240. Backing
onto or Queuing on the Street No loading area
shall require vehicles exiting the area to back onto a public way. No
loading area shall require vehicles waiting to be off-loaded to park in a queue
on a public way.
5250. Special
Permit The
Planning Board may vary any requirement of Section 5200 upon the grant of a
special permit, where such relief will not result in substantial
detriment to the neighborhood or the town.
5300. SIGNS
5310. General No sign shall be
erected, enlarged or structurally altered without a sign permit issued by the
Building Commissioner, with the exception of unlighted signs one (1)
square foot or smaller. A building permit may also be required.
5311. Maintenance.
All signs shall be maintained in a safe and neat condition to the satisfaction
of the Building Commissioner and in accordance with 380 CMR 3102 of the
State Building Code.
5312. Removal.
Any sign deemed to be abandoned or in disrepair so as to cause a hazard, or no
longer pertaining to a business in existence shall be removed or
caused to be removed within fourteen days after written notification
from the Building Commissioner.
5313. Nonconforming
Signs. Any sign legally erected may be continued and maintained despite being
made nonconforming through change in the Zoning Bylaw. Any sign rendered
nonconforming through erection of additional signs on the premises or
through change or termination of activities on the premises shall be removed
within thirty (30) days of order of the Building Commissioner. Any sign which
has been destroyed or damaged to the extent that the cost of repair or
restoration will exceed one‑third of the replacement value as of the
date of the destruction shall not be repaired, rebuilt, restored, or altered
unless in conformity with this Bylaw.
5314. Identification.
All signs approved by the Building Commissioner will have an identifying number
affixed to the face of the sign in the lower right hand corner.
5315. Public
Service Signs. Temporary public service signs or banners announcing a civic,
governmental, or charitable event are allowed in all districts.
5320. Residence
Districts The following signs
shall be permitted in residence districts:
5321. A
sign not over one (1) square foot in area for each family residing on the
premises, indicating the name of the owner or occupant and/or pertaining
to a permitted accessory use.
5322. A
sign aggregating not over six (6) square feet in area pertaining to a permitted
use on the premises other than a dwelling or accessory use thereto
or pertaining to a use specifically authorized on the premises by this Zoning
Bylaw.
5323. Temporary
unlighted signs aggregating not more than ten (10) square feet in area
advertising the sale or lease of the premises.
5324. Unlighted
directional signs not over two (2) square feet in area indicating the route to
or location of a lawful use located on another premises; provided, however,
that the number of such signs shall be determined by the Building
Commissioner.
5325. Temporary
building contractors sign erected only during period of construction.
5326. A
nonflashing, illuminated sign must meet the special requirements for outdoor
lighting.
5330. Commercial
and Industrial Districts The following signs
shall be permitted in Commercial Districts and Industrial Districts:
5331. Signs
painted on or attached flat against the wall of a building, without limitation
on the number thereof, but having a total area not exceeding ten percent
(10%) of the wall to which they are affixed.
5332. Not
more than two (2) freestanding signs aggregating not more than forty (40)
square feet in total area and pertaining to a permitted use located on the
premises.
5333. Unlighted
directional signs not over two (2) square feet in area indicating the route to
or location of a lawful use located on another premises.
5334. A
nonflashing, illuminated sign must meet the special requirements for outdoor
lighting.
5335. No
sign shall be erected so as to obstruct traffic sight lines for drivers or
pedestrians.
5336. Signs
with flashing action are not permitted.
5337. In
the Commercial and Industrial Districts one temporary, exterior sign not
exceeding four (4) square feet may be displayed to announce the
Grand Opening of a new establishment. A sign displayed under the authority of this
section shall not be maintained or continued for any period in excess of three
(3) weeks duration.[8]
5340. Prohibited
Signs
5341. General.
No moving, animated, revolving, moving light, or flashing sign or sign elements
shall be permitted, except for traditional illuminated barber shop poles with
revolving pillars. Only registered and licensed barber shops shall be
allowed to display a barber pole, which shall not exceed 18" in height.
No pennants, streamers, advertising flags, spinners, or similar
devices shall be permitted.
5342. Location.
No sign shall be located within twenty‑five (25) feet of the intersection
of sidelines of intersecting streets.
5343. Height.
No part of any sign shall be more than twenty (20) feet in height above ground level
or exceed the height of the building to which it relates unless granted a
special permit to vary this requirement by the Board of Appeals.
5344. Overhanging
Signs. No part of any sign shall overhang a public way except those allowed
under Section 5315.
5345. Sandwich
Signs. Except as set forth in Section 5323, sandwich or A frame type signs are
not allowed. Metal or plastic framed temporary advertising
type signs on light gauge brackets and/or wheels are not allowed.
5346. Temporary
Wiring. The temporary power wiring of any sign is not allowed.
5347. In
Residence Districts, the display of temporary or permanent sign(s), lighted or
unlighted, advertising commercial products or services not located on
or pertaining to the use of the premises on which the sign is located,
is not permitted. In any district, display of signs advertising commercial
products or services, and located in a public right of way or on other town
property are not permitted. Signs relating to nonprofit organizations or
activities within the town of Pepperell may be located on Town property or
rights-of-way only in areas designated by the Board of Selectmen.[9]
5350. Special
Permit The
Planning Board, by special permit, may authorize signs larger than otherwise
set forth herein, or a greater number of signs, upon a determination
that such deviation will not result in substantial detriment to the neighborhood
or the town.
5400. SCREENING,
FENCING, WALLS AND BARRIERS
5410. General Uses, or uses
accessory to permitted or nonconforming uses, shall be screened, fenced or
otherwise enclosed in accordance with the requirements set forth
herein unless in a particular instance the Planning Board grants a special permit
relieving the applicant of the duty to conform. In granting such special
permit, the Planning Board shall consider the following
additional criteria:
5411. Whether
the unobstructed view at any or all lines or lot lines of the premises or along
any public way would tend to reduce property values or
amenities in adjacent areas or in the town;
5412. Whether
unrestricted access or the unchecked exiting of materials originating on the
premises would constitute a hazard to life, health or public safety.
5420. One
Hundred Percent Screening One hundred percent
screening shall be required along any lot line fronting on a public way or
where there is unrestricted access or unobstructed view from another lot, other
than a vacant lot, or a lot upon which a so‑called noxious
use occurs, for:
5421. The
open lot storage of used materials, used vehicles or equipment or waste
materials.
5422. The
storage for more than six (6) months of unregistered motor vehicles that are
not otherwise enclosed.
5423. The
open lot parking or storage of five (5) or more buses, trucks or earthmoving
equipment items or similar contractor's equipment or heavy vehicles.
5424. The
open lot storage of solid fuel, sand, road salt, manure, fertilizer or other
similar substances piled in bulk form.
5425. Glare
or illumination that constitutes a hazard to public safety along the public way
or intense discomfort to occupants of uses in adjacent properties.
5426. Where
adjacent to a residential district, the open-lot storage of new building
materials, new or used automobiles for sale or rent and a
commercial or public parking facility.
5427. Where
adjacent to a residential district, the rear yards of all industrial,
commercial, agricultural, institutional, governmental and group residence uses
where such contain parking areas, loading areas, waste storage areas, equipment
areas, power and heating plants, maintenance shops, central garages and other
similar accessory uses.
5430. Dense
Barrier A
dense barrier or impenetrable screen shall be required for any use, including
golf course, golf driving range, archery course, shooting range, place
for the manufacture or storage of fireworks, explosives or flammable liquids
or gases or other similar uses, where missiles, projectiles or other similar
elements originating on the premises may be hazardous to life or
property in adjacent areas and where natural barriers and setbacks from the
property line(s) are insufficient to contain such materials on the
premises.
5440. Nonclimbable
Fence.
A nonclimbable fence, wall or other similar structure at least four (4) feet
high designed to prohibit entry, which shall be locked when not in
use, shall completely enclose all swimming pools which are not usually
emptied after use or which customarily remain filled for the season.
5500. ENVIRONMENTAL
STANDARDS
5510. General. No land
or building in a Commercial or Industrial District or land or building which is
subject to a special permit in any other district shall be used, occupied
or operated in such a manner as to create any dangerous, injurious, noxious
or otherwise objectionable fire, explosive or other hazard; noise or vibration,
smoke, dust, dirt or other form of air or water pollution;
electrical or other disturbances; glare or other substance, condition or
element in such amount as to adversely affect the surrounding area
or premises. The following standards shall apply in addition to any other standards
set forth in the Town Bylaws and the statutes and regulations of the
commonwealth and the federal government.
5520. Standards The following
performance standards shall apply in the issuance of any permit:
5521. Outdoor
Lighting. Any outdoor lighting device, including but not limited to signs,
shall employ only lights emitting a light of constant intensity. In no event
shall a lighting device be so placed or directed as to permit the beam
and illumination therefrom to be directed or beamed upon a public street,
highway, sidewalk or adjacent premises so as to cause glare or reflection
that may constitute a traffic hazard or other nuisance. No such lighting
shall be erected so as to obstruct traffic sight lines for drivers or
pedestrians.
a.
Glare. No direct or sky reflected glare, whether from
floodlights or from high temperature processes such as combustion or welding or
otherwise, shall be permitted so as to be visible at the lot line of the
premises. This restriction shall not apply to signs otherwise permitted by the
provisions of this Zoning Bylaw.
5522. Fire
and Explosion Hazards. All activities involving and all storage of flammable
and explosive materials shall be provided with adequate safety devices
against the hazard of fire and explosion and adequate firefighting
and fire suppression equipment and devices standard in this industry. Burning
of waste materials in open fires is prohibited, and local laws and
regulations shall also apply.
5523. Radioactivity
or Electrical Disturbance. No activities shall be permitted which emit
dangerous radioactivity or electrical disturbance adversely affecting the
operation of any equipment other than that of the creator of such disturbance.
5524. Noise.
No use shall be permitted which, by reason of excessive noise generated
therefrom, would cause nuisance or hazard to persons or property, as set
forth in 310 CMR 7.01.
5525. Vibration.
No vibration shall be permitted which is detectable without instruments at the
lot line of the premises.
5526. Air
Pollution. No emission shall be permitted
a.
from any chimney or otherwise of visible gray smoke of a shade equal to
or darker than No. 2 on the Power's MicroRingelmann Chart, published by McGraw
Hill Publishing Company, Inc., copyright 1954 (being a direct facsimile
reduction of a standard Ringlemann Chart as issued by the United States Bureau
of Mines), except that a visible gray smoke of a shade equal to No. 3 on said
chart may be emitted for four (4) minutes in any thirty (30) minutes.
b. of
odorous gases or other odorous matter in such quantities as to be readily
detectable without instruments at the property line of the lot from which they
are emitted.
c.
of fly ash, dust, fumes, vapors, gases and other forms of air pollution
which can cause any damage to health, to animals, vegetation or other forms of
property or which can cause any excessive soiling.
5527. Water
Pollutants. No pollutants, sewage or storm drainage shall be discharged
directly into any stream, watercourse, water body or water supply
source or into or within one hundred (100) feet of any wetland defined in
G.L. c. 131, s. 40, so as to endanger the public health or a town water supply.
No discharge of treated or untreated sewage or wastewater will be permitted
into any river or its tributaries. No outfall, drainage pipe, ditch,
channel or other conveyance to carry storm water runoff either directly or
indirectly into the Nissitissit River or its tributaries shall be
constructed except under the conditions set forth in G.L. c. 132A, s.1 7,
the Squannacook and Nissitissit Rivers Sanctuaries Act.
5528. Solid
waste storage. Except where conducted pursuant to a building permit or a
demolition permit, any permanent accessory receptacle or structure
with holding capacity of at least one hundred (100) cubic feet for storage
or solid or liquid waste materials, including garbage, rubbish, junk, discarded
bulk items and similar waste items shall be located not less than ten
(10) feet from any structure and shall be screened from all adjacent
premises and streets from which it would otherwise be visible in accordance
with Section 5400 of this Bylaw. Screening materials will not be
attached to any structure.
a.
Vermin. All materials which may be edible by or attractive to rodents
or insects shall, when stored in or outdoors, be stored in tightly closed
containers.
5530. Erosion
Control Site
design, materials, and construction processes shall be designed to avoid
erosion damage, sedimentation, or uncontrolled surface water runoff by
conformance with the following:
5531.
Grading or construction which will result in final slopes of 15% or greater
on 50% or more of lot area, or on 20,000 square feet or more on a single
lot, even if less than half the lot area, shall be allowed only under special
permit from the Planning Board, which shall be granted only upon demonstration
that adequate provisions have been made to protect against erosion,
soil instability, uncontrolled surface water runoff, or other
environmental degradation. Applications and plans for such special permits
shall be referred to the Conservation Commission for its advisory review.
5532.
All such slopes exceeding 15% which result from site grading or
construction activities shall either, be covered with topsoil to a
depth of 4 inches and planted with vegetative cover sufficient to prevent
erosion or be retained by a wall constructed of masonry, reinforced
concrete or treated pile or timber.
5533.
No area or areas totaling 20,000 square feet or more on any parcel or
contiguous parcels in the same ownership shall have existing
vegetation clear‑stripped or be filled 6 inches or more so as to destroy
existing vegetation unless in conjunction with agricultural activity,
or unless necessarily incidental to construction on the premises under
a currently valid building permit, or unless within streets which are either
public or designated on an approved subdivision plan, or unless a
special permit is approved by the Planning Board on condition that
runoff will be controlled, erosion avoided, and either a constructed surface or
cover vegetation will be provided not later than the first full spring
season immediately following completion of the stripping operation.
No stripped area or areas which are allowed by special permit shall remain
through the winter without a temporary cover of winter rye or similar plant
material being provided for soil control, except in the case of
agricultural activity where such temporary cover would be infeasible.
5534.
The Building Commissioner may require the submission of all information
from the building permit applicant or the landowner, in addition to that otherwise
specified herein, necessary to ensure compliance with these requirements,
including, if necessary, elevations of the subject property, description of
vegetative cover, and the nature of impoundment basins proposed,
if any.
5535.
In granting a special permit hereunder, the Planning Board shall require
a performance bond to ensure compliance with the requirements of
this Section. The Planning Board may also set a timetable for the completion
of the excavation and the restoration of the locus.
SECTION 6000. SPECIAL REGULATIONS
6100. SOIL
REMOVAL
6120. Procedures. The
Selectmen shall refer all applications for special permits under this section
to the Board of Health, Conservation Commission, Town Engineer and Water
Commissioners for an advisory opinion.50
6130. Operation
Standards The following
standards shall apply:
6131. No excavation not intended
for approved building purposes shall be closer than two hundred (200) feet to
an existing public way unless specifically permitted by the Selectmen, and
no excavation shall approach neighboring lot lines closer than fifty (50)
feet. Natural vegetation shall be left and maintained on the undisturbed
land for screening and noise reduction purposes.
6132. The active earth removal
area shall not exceed a total area of five (5) acres at any time.
6133. All access roads leading to
public ways shall have suitable dust control.
6134. No earth shall be removed
closer than eight (8) feet from spring high water table.
6135. Safety standards for
excavation areas shall be specified by the Selectmen and shall be written into
the special permit.
6136. All topsoil and subsoil
shall be stripped from the operation area and stockpiled for use in restoring
the area after the removal operation has ceased.
6137. The Selectmen or their
agents shall be free to inspect the premises at any time.
6140. Restoration
Standards The following
standards shall apply:
6141. No slope shall be left with
a slope steeper than three to one (3:1).
6142. All debris, stumps,
boulders, etc., shall be disposed of in an approved location and manner.
6143. Following excavation and as
soon as possible thereafter, ground levels and grades shall be established in accordance
with the specifications set forth in the special permit.
6144. Retained subsoil and topsoil
shall be respread over the disturbed area to a depth to be determined by the Selectmen
or their agent such depth not to be less than four (4) inches in any case.
6150. Renewals
and Completion. A soil
removal special permit may be renewed for a three year period at the expiration
of an existing special permit. A performance guaranty, as may be required
by the Board of Selectmen, shall be released only after the land has
been restored in accordance with Section 6140 and/or the conditions specified
in the special permit by the Board of Selectmen.
6160. Municipal
Exemption Except as otherwise
provided herein, nothing in this subsection or in any other part of this Code
shall be construed to prohibit the Town of Pepperell from removing soil, loam,
sand or gravel from any parcel in any zone within the town for
municipal purposes under the supervision of the Town Engineer, who shall comply
with Sections 6130 and 6140 to the extent feasible.51
6170. Soil
Removal Incidental to Construction All applications for
a building permit shall be accompanied by a plan stamped by a
registered professional civil engineer or land surveyor showing the existing
(as taken from United States Geological Survey topographical data)
and proposed post-construction contours of the lot at five foot intervals and s showing
the proposed final sill elevation of the buildings to be constructed. However,
no such topographical plans shall be required if the applicant certified
on the building permit application that no soil, loam, sand, gravel or other
fill will be removed from the lot or the amount to be removed does
not exceed the amount displaced by the building's foundation and
subsurface sewage disposal system. If a comparison of the existing and
post-construction contours indicates that the proposed
construction will involve the removal of soil, loam, sand, gravel or other fill
from the parcel in excess of one thousand (1,000) cubic yards (including
displaced materials from the foundation and septic system
excavation) per building lot, no building permit shall be issued without a
special permit for soil removal incidental to building issued by
the Board of Selectmen allowing such removal, which special permit shall not be
granted unless the applicant is able to show that the removal of soil, loam,
sand, gravel or other fill from the building lot is necessary to
the proposed construction and that all other requirements for the granting of a
special permit under Section 9300 are met.
6180. Decision In issuing a
special permit, the Board of Selectmen may require a topographical plan and
impose such conditions not specifically provided for herein as it may
deem necessary for the adequate protection of the neighborhood and
the town. Any condition imposed by the Board shall be attached to and made part
of the special permit. The Board may, at its discretion, require a
bond, certified check or other security for the compliance with said conditions
or as evidence of good faith as to the completion of any proposed project. The
Board may, after a public hearing on proof of violation of any
condition, revoke any special permit so issued. No special permit shall be
issued for a period of more than three (3) years.
6200. COMMON
DRIVES
6210. General. A common
drive to serve as common access to a maximum of five (5) house lots may be
allowed upon the grant of a special permit by the Planning Board in all
districts, subject to the following conditions.52
6220. Conditions The common drive
shall be designed and built to a standard that will allow for the passage of
all vehicles that are expected to use it year round. The
Planning Board may require bituminous concrete on common drives. The following
additional conditions shall apply:
6221. The maximum grade shall be
ten percent (10%). The minimum grade shall be one percent (1%).
6222. The common drive including
utilities, permanent marker(s), shoulders, parking area(s), turnaround(s),
travel way and any snow storage area(s) shall be laid out entirely
within an access and utility easement with a minimum width of thirty (30)
feet. All proposed utilities shall be shown on the plan submitted with the
special permit application.
6223. Adequate drainage shall be
provided. The drainage design and appurtenances shall prevent washout and excessive
erosion and it shall prevent drainage runoff from entering the public way,
prevent runoff from the public way from entering the common drive, and
prevent runoff from flowing across the driveway. The wearing surface
of the travel way shall be graded to drain from the crown. Drainage calculations
may be required at the discretion of the Planning Board, the
special permit granting authority for common drives.
6224. The travel way shall be a
minimum of sixteen (16) feet wide with two (2) foot gravel shoulders on each
side with the same twelve (12) inch base as the common driveway and
free of obstructions such as trees and utility poles.
6225. The common drive may be
either pavement or gravel. Whether the wearing surface is pavement or gravel, a
minimum gravel base of twelve (12) inches (gravel shall have no
aggregate larger than three (3) inches) shall be required. A paved drive
shall have two courses of bituminous concrete with a total thickness of three
(3) inches. If the drive is gravel, the top two (2) inch wearing
surface shall be dense, graded crushed stone.
6226. The first twenty-five (25)
feet from the public way shall be paved with two courses of bituminous concrete
with a total thickness of three (3) inches and return (corner) radii
of twenty-five (25) feet.
6227. A permanent marker of
engraved granite not greater than six (6) square feet in area shall be placed
at the end of the driveway where it meets the public way with a diagram
listing the addresses of the properties as assigned by the Board of
Assessors. A similar marker shall be placed where the common drive meets each individual
lot driveway listing the address of the property. Should the common drive
split; permanent marker(s) must also be placed at the
intersections indicating which homes are located on either side of the split(s).
6228. A common drive shall be
designed in accordance with the Guidelines for Driveway Access design
provisions formulated by the Fire Department Board of Fire Engineers.
6230. Required
Documents A draft document
providing for restrictive covenants and easements binding present and future owners
of all the lots served by the common drive shall be submitted for Planning
Board approval. Upon the approval, if any, of the special permit,
the document(s) shall be recorded at the Registry of Deeds and shall also be
recited in and attached to every deed to every lot served by the common
drive. Such document(s) must include but are not limited to the
following:
6231. Specific standards for the
maintenance of all structures designed to the requirements of a common drive special
permit, including but not limited to the travel way, drainage system and
signage.
6232. Provisions for allocating
responsibility for maintenance, repair and/or reconstruction of the common
driveway, drainage system and signage.
6233. Text of proposed easements
including the metes and bounds description.
6234. A procedure for the
resolution of disagreements.
6240. Bond The Planning
Board may require a bond for the completion of the common drive and that such
bond shall be posted prior to the issuance of building permits on the lots.
6241. It is the intent of this
chapter that a common drive be substantially completed prior to the issuance of
building permits for new buildings to be serviced by the common drive, unless
the common drive is secured by a bond. All common drives shall be
completed or so bonded prior to the occupancy of any dwelling unit served by
the common drive. Completion shall be verified by submittal of as-built
drawings requiring approval by the Planning Board.
6250. Name
and Address The common driveway
shall be named as approved by the Planning Board in conjunction with the Board
of Assessors. All house lots shall be addressed using the approved common
driveway name and house numbering as directed by the Board of
Assessors.53
6260. Special
Permit Strict
compliance with the requirements of these regulations may be varied by special
permit, when in the judgment of the Planning Board, such action
is in the public interest and not inconsistent with the Pepperell Zoning Bylaw.
SECTION 7000. SPECIAL RESIDENTIAL REGULATIONS
7100. OPEN
SPACE RESIDENTIAL DEVELOPMENT[10]
7110. Purpose.
The purposes
of this open space residential development section are:
·
To allow for greater flexibility and creativity in the design of
residential developments;
·
To encourage the permanent preservation of open space,
agricultural land, wildlife habitat, other natural resources such as aquifers,
water bodies and wetlands, and historical and archeological resources in a
manner that is consistent with Pepperell’s Comprehensive Plan and Open Space
and Recreation Plan;
·
To minimize the total amount of disturbance on sites undergoing
development;
·
To facilitate the construction and maintenance of housing,
streets, utilities and public services in a more economic and efficient manner.
·
To preserve and enhance the community character;
·
To preserve and protect significant agricultural land and land
with high value agricultural soils;
·
To protect existing and potential community water supplies;
·
To provide for a diversified housing stock including providing
affordable housing to persons of low and moderate income.
7120. Definitions.
Basic Maximum Number: The
number of dwelling units that would be allowed on a site using the standard
zoning bylaw provisions and/or subdivision rules and regulations as
determined by the yield analysis performed for the special permit
plan.
Common Open Space: Land that
is set aside for protection from development in perpetuity, usually left in its
natural state, for the purposes of natural resource conservation, wildlife
habitat, water supply protection, passive recreation and other amenities in
conformance with the provisions of this section.
Density Bonus: Additional
dwelling units that may be awarded beyond the basic maximum number, as
determined through the special permit plan and yield analysis, for the
provision of affordable housing units, the setting aside of additional
open space beyond the minimum amount required, green stormwater systems or
low-impact development and open space that is integrated into a
wider network of protected land in the town.
Major Subdivisions: Major
subdivisions are those creating 5 (five) or more lots or residential units,
whether for single family or multi-family development.
Yield Analysis: An analysis,
based on the conceptual conventional plan described in section 7150, which
determines the basic maximum number of lots and dwelling units
that would be possible to develop in a conventional manner following
all applicable Pepperell zoning and regulatory requirements.
7130. Applicability.
To be
eligible for consideration as an OSRD, the parcel of land or group of
contiguous parcels located within the Rural Residence, Town Residence and
Recreation Residence districts or any zones of the Water Resource Protection
Overlay District (WRPOD) must contain a minimum of ten (10) acres. Where the
parcel or group of contiguous parcels is located in the Suburban
Residence or Urban Residence districts, the total acreage necessary for an OSRD
shall be five (5) acres. Additional criteria for eligibility include:
·
To be eligible for consideration as an OSRD, the parcel may be a
subdivision or a division of land pursuant to G.L. c.41, sec.81P provided,
however, an OSRD may also be permitted when the property is held in
condominium, cooperative ownership or other form where the property is not
subdivided, which in some cases will require a special permit or site plan
application for multi-family development.
·
Each lot created in the OSRD shall have adequate access on a
public way or approved subdivision road.
·
To facilitate the goals of the Pepperell Comprehensive Plan and
Open Space and Recreation Plan, all major subdivisions (those creating 5 (five)
or more lots or residential units) and multi-family special permit developments
shall be presented to the Planning Board as Open Space Residential Developments
in compliance with the provisions of this section. In all cases it shall be
assumed that an OSRD is necessary to meet the purposes of this section, unless
the contrary is demonstrated by the applicant to the satisfaction of the
Pepperell Planning Board. In cases where the Planning Board determines that a
parcel(s) is unsuited to development as an OSRD, it may waive the requirements
of this section and permit the subdivision or multi-family special permit plan
to be developed in a conventional manner subject to the Pepperell subdivision
rules and regulations. An applicant proposing a minor subdivision (those
creating four or fewer lots or units) may develop an OSRD at his/her option.
7140. Permitted
Uses. Each
lot exclusive of the open land shall be used for residential dwellings of the
type permitted or allowed by special permit in the applicable zoning
district. These lots shall be grouped in clusters, and within each cluster
the lots shall be contiguous.
Accessory uses shall be allowed appurtenant
thereto as provided in the residential district in which the land is located, with
the exception of the keeping of nondomestic animals; and the use as a customary
home occupation, as defined in this chapter, shall be further limited,
prohibiting any employees who do not reside within the dwelling unit, any
retail sales and any business signs.
Common open spaces may be used for
noncommercial active and passive recreation, conservation, forestry,
agriculture and natural buffers and may contain structures
necessary to approved uses, utilities and other facilities necessary for the convenience
and enjoyment of the residents, subject to approval by the Planning Board as
part of the decision on the special permit or as amendment to the
special permit after it has been issued.
In order to diversify the Town’s
housing stock and allow for opportunities to provide affordable housing and
save additional open space, a small number of duplexes and /or multi-family
residential structures are permitted within OSRDs, provided they
meet all provisions of this OSRD Bylaw, the multifamily residential development
requirements of section 7300, the general special permit criteria
of section 9300 and all State of Massachusetts Title 5 and local health
requirements. In any OSRD, no greater than 10% of the total number of lots,
including those that may be permitted under a density bonus per section 7180,
can contain duplexes and/or multi-family residential structures where permitted
in the underlying districts. All calculations shall be rounded down to the
nearest whole number. Lots containing duplexes and/or multi-family
residential structures may not be contiguous within any one subdivision or OSRD
development.
7150. Procedure.
Overview of Procedure. For
applicable parcels, an OSRD is authorized in three steps; the first of which is
optional: 1. Pre-application conference with the Planning Board and/or other
Town boards and committees as described below; 2. submittal, review and
approval of an OSRD special permit plan by the Planning Board, followed by; 3.
submittal, review and approval of a definitive subdivision plan,
or site plan, as the case may be, in conformity with the OSRD special permit
as approved by the Planning Board.
If the OSRD involves construction of a
new subdivision road, the level of engineering detail required at the special permit
stage of review is the same as for a preliminary subdivision plan that meets
the Town of Pepperell subdivision regulations. An approved definitive
subdivision (or site) plan that does provide adequate engineering detail,
however, is required prior to the start of any construction and the
issuance of building permits for lots / units within the development.
Special Permit Procedures.
Applicants for an OSRD special permit shall follow the special permit rules and
regulations established by the Pepperell Planning Board in section 9300 of
the Town of Pepperell Zoning Bylaw.
Pre-Application Conference.
Applicants seeking a special permit for an OSRD are encouraged to request a
pre- application conference or conferences with the Planning Board,
department heads and/or other boards as appropriate, to review the
scope of the project and the site for which it is proposed. At a minimum, the
intent of the pre-application conference shall be to:
Identify the key
natural features of the site.
·
Identify the historic and cultural resources of the site and
surrounding area.
·
Identify any safety, traffic, or infrastructure issues related to
the site and its surrounding area.
·
Identify existing trails on the site or on abutting parcels, and
any connections thereto.
·
Identify areas that the Town prefers to see protected as open
space, viewsheds, wildlife habitat, forestry operations or agricultural uses.
·
Discuss the proposed plan and any issues relative to the concept
plan Special Permit criteria.
·
Discuss any design issues relative to this Bylaw and the Planning
Board’s requirements for definitive subdivision or site plans.
·
Assist the developer in understanding the permitting process and
issues relative to OSRD.
·
Set a timetable for the special permit and definitive plan review
processes.
·
Schedule a site visit with the Planning Board and other land-use
boards, as appropriate.
Site Visit. The Planning Board
and/or its designee(s), along with members from all interested boards and
departments, may conduct a site visit prior to or during the
special permit public hearing. At the site visit, the Planning Board or its designee(s)
shall be accompanied by the applicant and/or its agent(s). With the applicant’s
permission, interested members of the public may be invited to the
site visit.
If a quorum of the Planning Board is
anticipated to be present at the site visit, the site visit must be properly
noticed per the requirements of MGL Chapter 39, Sec. 23a-24.
Preferred Design Process. Each
OSRD special permit applicant should follow a design process similar to that
outlined below. When the plan is submitted, the applicant(s) shall be
prepared to demonstrate to the Planning Board that this design process was
substantially complied with in determining the proposed layout of open space,
streets, house lots and other features of the OSRD.
·
Understanding the site. The first step is to inventory
existing site features, taking care to identify sensitive and noteworthy
natural, scenic and cultural resources of the site, and to determine the
connection of these important features to each other and similar features on
abutting properties, if any.
·
Evaluating site context. The second step is to evaluate
the site in its larger context by identifying natural (e.g. streams, wetlands,
steep slopes), transportation (e.g. roads, woods roads, trails), and cultural
(e.g. historic and recreational sites) connections to surrounding land uses and
activities.
·
Designating the contiguous open space. The third step is
to identify the contiguous open space to be preserved on the site. Such open
space should include the most sensitive and noteworthy resources on the site,
and, where appropriate, areas that serve to extend existing networks of open
space or land protected under easements.
·
Location of building sites and development areas. The
fourth step is to locate building sites, parking areas, paths and other
features of the built environment.
·
Roads and Lot Lines: The final step is to
choose road alignments and driveway locations and then draw lot lines around
each proposed building lot, which also serves to delineate the open space areas
described in section 7160 of this Bylaw.
Submission Requirements. In
addition to the information required by the Pepperell Special Permit rules and regulations,
the following additional information shall be submitted as part of a special
permit application:
Special Permit concept plans.
For any application for an Open Space Residential Development, the applicant
shall prepare two sets of concept plans for the parcel of land to be
subdivided or otherwise developed. One plan shall describe a
conventional subdivision or development while the second shall describe an Open
Space Residential Development.
The principle component of the concept
plan is a schematic representation of the proposed development, with sufficient
detail about existing and proposed conditions to enable the Planning Board
and the public to understand what is being proposed and to be able to respond
to the applicant’s proposals in an informed manner. This information will also
be used by the Planning Board in determining the number of permissible lots.
The concept plans shall include scaled
drawings by a registered land surveyor, civil engineer or landscape architect. The
concept plans shall be used by the Planning Board in determining the number of
lots that would be possible were the parcel to be subdivided in a
conventional manner, as well as the general features of the OSRD.
Special permit concept plans shall
contain the following information, as well as that required in Appendix B of
the Special Permit rules and regulations, unless the need for such is
specifically waived by the Planning Board after request by the
applicant. At a minimum, the concept plans shall also provide the following
information:
·
The location of the proposed development. A locus map shall be
provided showing the location of the development in relation to the entire town
at a scale of one inch equals 1,000 feet.
·
Parcel boundaries, north arrow, date, legend, title and scale.
·
The size of the parcel(s) being subdivided in acres and square
feet.
·
The names of the record owner, applicant and the name of the
designer or surveyor.
·
The existing and proposed lines of streets, ways, easements, and
any public areas within the subdivision in a general manner.
·
Any zoning district boundaries.
·
The names and addresses of all abutters, as determined from the
most recent tax list.
·
Photographs of the site at a variety of locations, focusing on
possible building sites, unique natural and scenic areas and areas to be set
aside as open space. The location of these photographs should be identified on
the plan.
·
A description of the environmental and natural features of the
site, focusing on those features intended for preservation through permanently
protected open space.
·
The acreage, percentage of the entire parcel and proposed uses of
the open space.
·
The total number and approximate locations of the proposed
buildings, dwelling units and/or lots.
·
Topography / contour lines at an interval of two feet.
·
A statement on the disposition or manner of ownership of the
proposed open space.
·
A delineation of jurisdictional wetland resource areas and their
buffer zones subject to the Massachusetts Wetlands Protection Act. All resource
area flag locations shall be numbered and placed on the plan. The delineation
of all wetland resource areas shall be certified by the Pepperell Conservation
Commission.
·
A general mapping of soil types from existing data sources, such
as the Natural Resource Conservation Services (formerly the Soils Conservation
Service).
·
Lot boundaries with their approximate areas and frontage
dimensions, or unit placement and all proposed common and open space areas.
·
Location and extent of all parking, landscaping, stormwater
management, water supply and wastewater management service areas that would be
required to accommodate all the units in the development proposal.
·
If available, the location and results of any test pit
investigations for soil profiles percolation rates and determination of
seasonal high water tables.
·
A general description of how drainage will be handled, including
a soils statement (soil conservation survey is acceptable) and the general area
of the site to be used for stormwater management facilities, including whether
low impact development (LID) techniques are proposed.
·
Surface water, bordering vegetated wetlands and flood hazard area
data using the FIRM or Raytheon information, as applicable, demonstrating that
each such conventional lot has viable frontage access on a public way without
reliance on a common drive.
·
Draft of the proposal for the open space for Planning Board
approval that includes a provision for maintenance which permits assessments
upon individual owners in the event of a default by the organization.
·
Drafts of any covenants running with the land, easements or
grants which shall be enforceable by the town and/or subsequent owners of the
land or buildings and which will oblige in a like manner subsequent holders of
all or part of the applicants’ interest.
·
After an OSRD concept plan has been submitted, no tree removal,
no utility installation, no ditching, grading or construction of roads, no
grading of land or lots, no excavation, except for purposes of soil testing, no
dredging and no construction of buildings or structures shall be done on any
part of the site until a definitive subdivision or site plan if applicable) for
such development has been approved by the Pepperell Planning Board.
Number of Lots/Units. The
basic maximum number of lots and dwelling units shown on the Open Space
Residential Development special permit concept plan shall not exceed the
number of lots and dwelling units which could reasonably be expected
to be developed under a conventional plan in full conformance with all
applicable zoning, subdivision and/or site plan regulations, the
Wetlands Protection Act and codes of the Town of Pepperell, notwithstanding
any density bonus that may be awarded per section 7180. The Planning Board
shall use the concept plans described in section 7150 as guidance in
determining the basic maximum number of OSRD lots and units. After reviewing
all pertinent information, the Planning Board shall make a finding as to the
basic maximum number of lots and dwelling units in the OSRD. The
basic maximum number of lots and dwelling units is based on the number of lots and
dwelling units that can be created without zoning variances or waivers from the
subdivision or site plan regulations.
The number of lots and dwelling units
will be specified in the special permit and reflected in the definitive
subdivision or site plan that follows the granting of the special
permit.
Design Standards and Dimensional
Requirements. The following design standards and dimensional requirements
shall apply in an OSRD.
·
There shall be adequate, safe and convenient arrangement of
roadways, driveways, pedestrian and other open areas to provide access for
emergency vehicles to reach all buildings and structures at all times.
·
Each lot shall be of a size and shape to provide a building site,
which shall be in harmony with the natural terrain and other features of the
land and provide adequate allowance for future accessory buildings or
structures. In no instance shall any of the dimensional controls be reduced
below the following table of minimum requirements.
·
The nature of the soils and subsoils shall be suited for the
intended purposes. This determination shall focus upon, but shall not be
limited to, the location, design and construction of access ways, buildings,
septic systems and surface water drainage systems. Soil borings or test pits
shall be required prior to the issuance of any building permits, unless waived
by the Planning Board, to provide information on soil texture, color,
percolation rates and depth to the groundwater table at its maximum elevation.
·
Wherever possible and at the discretion of the Planning Board, a
50-foot wide no-disturbance buffer shall be provided around the entire
perimeter of the site. This 50-foot buffer does count towards the minimum
required amount of protected open space, subject to the limitations of section
7160.
TABLE
OF MINIMUM REQUIREMENTS
|
Requirement
|
Served by
Town Sewer and Water
|
Served by
Town Water, but not Sewer
|
Served by
Neither Town Water or Sewer
|
|
Minimum lot area
|
20,000 sq. ft.
|
30,000 sq. ft.
|
40,000 sq. ft.
|
|
Minimum
contiguous lot area exclusive of wetland, flood hazard and surface water
areas
|
18,000 sq. ft.
|
25, 000 sq. ft.
|
30,000 sq. ft.
|
|
Minimum lot
frontage
|
75 feet
|
120 feet
|
120 feet
|
|
Minimum
side yard
|
15 feet
|
25 feet
|
25 feet
|
|
Minimum
rear yard
|
25 feet
|
25 feet
|
25 feet
|
|
Minimum
front yard
|
25 feet
|
25 feet
|
25 feet
|
Note: Lots
with duplexes (two attached dwelling units) or multifamily units shall require
twice the minimum lot area as specified above for single family lots and must
comply with all provisions of section 7300, Multifamily Residential
Development, of the Pepperell Zoning Bylaw. All other dimensional requirements
for duplex and multi-family lots are unchanged from the underlying zoning.
·
Streets shall be designed and located in such a manner as to
maintain and preserve natural topography, significant landmarks, and trees; to
avoid wetland crossings, if possible; to minimize cuts and fills; and to
preserve and enhance views and vistas on or off the subject parcel. If the
street is to become a public way, all Town of Pepperell design and engineering
standards pertaining to new subdivision roads, as described in the Subdivision
Rules and Regulations, must be followed.
·
The Planning Board shall require connection, at the applicant's
expense, of the OSRD to the municipal sewerage system when available. For
purposes of this requirement, municipal sewerage shall be deemed available when
a line comes within a reasonable distance from an access street to the site.
Factors which will be used in determining if public sewer is available within a
reasonable distance shall include, but are not limited to, the actual distance,
the capacity of the existing line, topography, grade from the site to the
public sewer, size of the development, effective density of development,
ability to obtain easements, permits or license to traverse land of others,
environmental constraints and correlation with the Sewer Commission Master
Plan.
·
The applicant shall submit calculations for a surface water
drainage design based on a twenty-five year storm event performed and certified
by a registered professional civil engineer demonstrating that the anticipated
storm water runoff from the site shall not exceed peak runoff from the site
prior to development. Culverts shall be designed on the basis of a fifty year
storm with consideration being given to damage avoidance for a one hundred year
storm. Drainage and stormwater calculations shall be performed by a registered
professional engineer and shall conform to the Town of Pepperell Planning Board
Rules and Regulations governing the subdivision of land.
·
The site shall be preserved in its natural state, as it exists at
the time of application, insofar as practicable, by minimizing tree and soil
removal until the definitive plan has been approved. Any grade changes shall be
in keeping with the general appearance of the neighboring developed areas. The
orientation of individual building sites shall be such as to maintain maximum
natural topography, plant cover and solar access. Topography, tree cover,
surface water buffers and natural drainage ways shall be treated as fixed
determinants of road and lot configuration rather than as malleable elements
that can be changed to follow a preferred development scheme.
·
All main service lines for water, sewer and utilities shall be
underground.
·
Open Space Residential Developments within the Water Resource
Protection Overlay District (WRPOD)
Þ
Notwithstanding the provisions of section 8130. WRPOD Use
Regulations, and Appendix A, Table of Principle Uses, of the Pepperell Zoning
Bylaw, single-family homes on lots not less than 40,000 sq.ft. and duplexes
and/or multifamily residential structures on lots not less than 80,000 sq.ft.,
are permitted within the Well Protection and Aquifer and Watershed Protection
Zones of the Water Resource Protection Overlay District (WRPOD), provided the
following standards can be met to the satisfaction of the Planning Board and
Pepperell Board of Health:
Þ
All new sewage disposal systems within the above mentioned WRPOD
must provide enhanced nitrogen removal to protect public health and safety as
well as the environment. The system owner is required to install a
recirculating sand filter or equivalent alternative technology or to obtain a
groundwater discharge permit in accordance with 314 CMR 5.00 and 6.00. Full
compliance with the provisions of 310 CMR 15.000, which includes enhanced
nitrogen removal, is presumed to protect the public health, safety, welfare and
the environment. Specific site or design conditions, however, may require that
additional criteria be met in order to achieve the purpose and /or intent of
310 CMR 15.000.
7160. Common
Open Space. All land identified as
open space in section 7150 of this Bylaw shall be set aside as common open
space, and this land shall be preserved in essentially its natural condition.
An OSRD must provide at least 40% of the total tract area as
permanently protected open space. The common land shall be, to the extent
practical, adequately distributed throughout the parcel so that it
is accessible to residential lots without crossing through private property and
separates residential lots from abutting properties. Though the open space
will be primarily protected for its natural resource and wildlife habitat
values, a small area, totaling no more than 10% of the required open space, may
be set aside as a playground or other area for “active” recreation by the
residents and/or the town, depending on the ownership of the open space
as discussed below. The location and size of such active recreational area(s)
shall be approved by the Planning Board prior to final action on the
plan.
The following lands shall not
constitute more than fifty percent (50%) of the minimum required common open
space:
·
Lands identified as wetland resource areas in accordance with
G.L. c. 131, s. 40;
·
Lands with slopes greater than twenty-five percent (25%)
·
Lands within the 100 year floodplain as shown on F.I.R.M. maps.
Further subdivision of common open
land or its use for other than recreation, conservation or agriculture, except
for easements for underground utilities, shall be prohibited. Structures or
buildings accessory to recreation, conservation or agricultural uses may
be erected, provided that there shall be a minimum setback of one hundred (100)
feet between any common open space structures and all property lines on the
site, and provided that the total of impervious surfaces shall not exceed
ten percent coverage of the total area of the common open land. Existing rights
of way and utility easements may not be counted towards the required
percentage of minimum open space.
Stormwater management and shared
septic and well systems may be located within the common open space when necessary,
provided such systems meet all applicable state and local codes, and are
approved by the Pepperell Planning Board and Board of Health. The Planning
Board may require that such utilities be covered by a utility or access easement.
The area devoted to shared septic and large surface stormwater systems, such as
retention and detention ponds, shall not, however, qualify towards
the minimum required amount of open space.
The design of the common land shall
provide for linkage with existing or future planned open space lands in
abutting developments or in publicly owned or controlled open space lands, and
shall be planned as large contiguous units whenever possible, with strips
or narrow parcels (fifteen foot minimum width) only permitted when necessary
for access or as vegetated buffers along the site's perimeter, and
may be in more than one (1) parcel, provided that the size, shape and
location of such parcels are suitable for the designated uses. Contiguous shall
be defined as being connected. Open space will still be considered
connected if it is separated by a roadway or accessory amenity.
Ownership and Management of the
Open Space. The land set aside as common open land shall be owned and/or managed
by one (1) of the following arrangements, as shall be determined by the
Planning Board:
·
Conveyed to an association, corporation or trust owned or to be
owned by the owners of lots within the development. If such association is
utilized, ownership thereof shall pass with conveyances of the lots in
perpetuity.
·
Conveyed to the town, at no cost, and accepted by it for park or
open space use. Such conveyance shall be at the option of the town and shall
require the acceptance of the land by the Conservation Commission and the
approval of the Board of Selectmen.
·
Conveyed to a nonprofit organization, the principal purpose of
which is the conservation or preservation of open space.
·
In any case where such land is not conveyed to the town, a
conservation restriction, enforceable by the town under MGL Ch. 184, Sections
31-33, shall be required ensuring that such land shall be kept in an open or
natural state and not be built upon for residential use or developed for uses
such as parking or roadways. Such restrictions shall further provide for
maintenance for the common land in a manner which will ensure its suitability
for its function, the appearance, cleanliness, proper maintenance of drainage
utilities and the like, and empower the town to perform maintenance in the
event of failure to comply with the program, and including a provision that the
owners of lots or units within the cluster development shall pay the cost
thereof and that the cost shall constitute a lien upon their properties until
said cost has been paid. This restriction shall be recorded within sixty (60)
days of the granting of the special permit, unless the sixty day time limit is
waived and extended to a date certain by the Planning Board, or the special
permit shall be null and void.
7170. Decision.
In addition
to the findings required by the Pepperell Special Permit rules and regulations,
the Planning Board shall consider the following criteria and make
the following additional findings for any OSRD:
·
The reduction in dimensional controls will result in improved
protection of natural and scenic resources.
·
The application includes a program satisfactory to the Planning
Board describing how the common open space will be maintained in perpetuity.
·
The degree to which the design and layout of the OSRD is better
than a conventional development in preserving open space for conservation and
recreation, preserving natural features of the land, achieving more efficient
provision of streets, utilities and other public services, and providing a high
degree of design quality.
·
The degree to which the OSRD promotes permanent preservation of
open spaces, natural landscapes and vistas, agricultural land, forestry land,
existing and proposed trails, other natural resources including water bodies,
wetlands and drinking water source areas, and historic and archeological
resources.
·
The degree to which the OSRD achieves sustainable design through
a more efficient form of development that consumes less land and conforms to
existing topography and natural features as compared to a conventional subdivision
or comparable development.
·
The degree to which the OSRD reduces the total amount of land
disturbance and clearing on the site.
·
The degree to which the OSRD furthers the goals and objectives of
the Pepperell Master Plan, Affordable Housing Plan, Open Space Plan and other
planning documents, as determined by the Planning Board.
·
The degree to which the OSRD and its supporting documentation
complies with the provisions and sections of this Bylaw.
·
The Planning Board may find that the proposed location of the
OSRD is better suited for a conventional subdivision or land development, and
therefore authorize the applicant to submit a conventional plan in compliance
with the Pepperell subdivision or site plan regulations.
·
The degree to which the OSRD designed layout is not more
detrimental than a conventional development in protecting the water quality and
quantity of Town wells.
Conditions.
·
A special permit for OSRD granted by the Planning Board shall
lapse, except for a good cause, two (2) years from the date of issue unless a
substantial part of the proposed construction work shall have been commenced
and is proceeding continuously toward completion. This two year period shall
not include the time required to pursue or await determination of an appeal
referred to in G.L. c. 40A, s. 17. The recording of the special permit and
subsequently approved Definitive Plan shall constitute commencement of
substantial use.
·
At any time before, during or after the commencement of
construction of the proposed development the special permit may be amended by
following the special permit procedures for the amendment.
·
The Planning Board may impose a performance guaranty to insure
construction in accordance with the plan.
·
The Planning Board approval of a special permit hereunder shall
not substitute for compliance with the Subdivision Control Law nor oblige the
Planning Board to approve a related definitive plan for subdivision.
Relationship between the Special
Permit Plan and Definitive Subdivision or Site Plan. Any OSRD special
permit issued by the Planning Board shall specifically state that the
subsequent definitive subdivision plan or site plan shall substantially
comply with the special permit concept plan in terms of the number of dwelling
units, road and lot layout, open space percentage and layout, and
stormwater management systems. If the Planning Board determines that the definitive
subdivision or site plan for the OSRD does not comply with the provisions of
the special permit, the Planning Board shall require the applicant to
submit a revised subdivision plan that does comply with the provisions and of
the special permit, or to seek another special permit.
Any special permit for an OSRD that
is granted by the Planning Board which shows a subdivision must be followed by the
submittal of a Definitive Subdivision Plan in accordance with the Subdivision
Rules and Regulations of the Town of Pepperell. The OSRD Special
Permit shall be reconsidered if there is substantial variation between the
Definitive Subdivision Plan and the Special Permit Plan.
If the Planning Board finds that a
substantial variation exists, it shall hold a public hearing on the
modifications to the Special Permit plan. A substantial variation will be
found to exist when any of the following conditions apply:
·
An increase in the number of building lots and/or dwelling units;
·
A significant decrease in the open space acreage or percentage;
·
A significant change in the lot layout or units placement;
·
A significant change in the general development pattern which
adversely affects natural landscape features and open space preservation;
·
Significant changes to the stormwater management facilities;
and/or
·
Significant changes to the wastewater management systems.
Planning Board Regulations. The
Pepperell Planning Board may adopt regulations to assist in the administration
of this OSRD Bylaw. These regulations may address, but not be limited to,
the following considerations: plan submittal requirements, provisions
for combined special permit and subdivision hearings, site landscaping and
buffering standards, open space use restrictions, architectural design,
low impact development and other site specific planning features. Failure
of the Planning Board to adopt such regulations shall not serve to invalidate
any provisions of this Bylaw.
Waivers from the Provisions of
this Bylaw
The Planning Board may waive strict
compliance with any of the provisions of this section when, it its judgment,
doing so is in keeping with the spirit and intent of this section,
is in the public interest and is not inconsistent with the Pepperell
Zoning Bylaw.[11]
7180. Bonuses
for Additional Open Space and Affordable Housing. The Planning Board may
award a density bonus to increase the number of dwelling units beyond
the basic maximum allowed as determined through the yield analysis, which
equals the number of dwelling units that could be developed in a conventional
manner. The density bonus for the OSRD shall not, in the aggregate,
exceed 20% (twenty percent) of the basic maximum number. Computations for all density
bonuses shall be rounded down to the nearest whole number. Density bonuses are
not allowed within the water resource protection overlay districts
(WRPODs) because of the overriding necessity of protecting such areas from undue
encroachment and the risk of groundwater contamination. A density bonus may be
awarded in the following circumstances:
·
For each additional ten percent (10%) of the site (over and
beyond the required 40%) set aside as permanently protected open space, a bonus
of five percent (5%) of the basic maximum number of dwelling units may be
awarded.
·
For every two (2) dwelling units restricted in perpetuity to
occupancy by Moderate-Income Households, or for every one (1) dwelling unit
restricted in perpetuity to occupancy by Low-Income Households, one (1) market
rate dwelling may be added to the basic maximum number of dwelling units.
Affordable housing units may be used toward density bonuses only if they can be
counted towards the Town’s affordable housing inventory as determined by the
Massachusetts Department of Housing and Community Development. The applicant
shall provide documentation demonstrating that the unit(s) shall count towards
the community’s affordable housing inventory to the satisfaction of the
Planning Board.
·
Bonus for Low Impact Development and Innovative /
Environmentally-progressive land development techniques
Ø
The Planning Board may award a density bonus for OSRDs that use
Low-Impact Development (LID) / Better Site Design Practices for
stormwater management in place of the standard structural methods such as
detention basins and piped systems. LID or “soft” or “green” stormwater
management systems use vegetative and small, decentralized building
lot scale systems to decrease impervious surfaces and encourage the
infiltration of clean water into the ground. When the Planning Board
determines that an OSRD is proposing a well planned LID system, it may award
one additional market rate or affordable housing unit to the basic
maximum number of units.
Ø
The Planning Board may also award one additional market rate or
affordable housing unit over the basic maximum number when it finds
that the OSRD plan is most effective in connecting or linking its open space to
existing conservation or open space lands in Pepperell that are permanently
protected from development.
7190. Severability.
If any
provision of this Bylaw is held invalid by a court of competent jurisdiction,
the remainder of the bylaw shall not be affected thereby. The invalidity of
any section or sections of this bylaw shall not affect the validity of the
remainder of the Pepperell Zoning Bylaws.
7200. PLANNED
UNIT DEVELOPMENT
7210. General. On parcels of at
least one hundred twenty thousand (120,000) square feet, the Planning Board may
authorize a special permit for a planned unit development wherein
the Planning Board may allow a mixture of uses and a variety of
building types which are indicated as permitted or allowable by special permit
in that district in the Table of Use Regulations.
7220. Number
of Dwelling Units The total dwelling
units allowed on said parcel shall not exceed that otherwise allowable in the
district.
7230. Open
Space Required The designation of a
portion of the parcel as common or open land shall be required, and shall be
governed by the provisions of Section 7170.
7240. Decision. In
addition to the finding required by Section 9300, the Planning Board shall find
that the PUD promotes a significant advantage from the normal requirements of
the district.
7300. MULTIFAMILY
RESIDENTIAL DEVELOPMENT
7310. General Multifamily
residential development shall be allowed only by special permit by the Planning
Board in the Urban Residence District and in the Commercial District.
7320. Design
Requirements
7321. At least ten thousand
(10,000) square feet of land area shall be allocated for each dwelling unit in
each multi- family dwelling. Not more than four (4) dwelling units may
be placed in any multifamily dwelling.[12]
7322. Multifamily development
shall be served by the public water system or a private communal water system, which
conforms to all applicable regulations of the Commonwealth of Massachusetts and
the Town of Pepperell. Water supply shall be sufficient at all
times to meet public water supply and fire protection requirements, and in
this regard, the recommendations of the Town Water and Fire Departments shall
be considered.
7323. The distance between
buildings shall be a minimum of fifty (50) feet unless, after consideration of architectural,
aesthetic, land planning, topographical, ground factors and emergency access,
the Board determines that less distance is desirable. In no case shall
such distance be less than twenty (20) feet.
7324. On-site drained parking
areas shall comply with Section 5100, and adequate provision for aisles and
drives shall be provided. Visitor parking spaces shall be clustered
and distributed throughout the site to complement the design
and layout of the site and to ensure safe vehicular and pedestrian flow. Separate
buildings for parking garages, if any, shall be located and
designed so as to complement the apartment building design and site
layout. Parking spaces located at the front of the site shall be suitably
screened so as to not be viewed from the road.[13]
7325. All dwelling units within
apartment buildings shall have a minimum floor space area of four
hundred-eighty (480) square feet.
7326. Except for detached single
family dwelling units, no multifamily residential development containing eight
(8) or more dwelling units shall have more than twenty percent (20%) of
the total number of dwelling units with three (3) or more bedrooms.54
7327. Easements and deeds shall be
granted to the town to secure access to town facilities, utilities and land.
7328. Excepting master antennas
serving one (1) or more buildings, exterior antennas for reception or
transmission of electronic signals shall not be permitted.
7329. All
multifamily developments shall require signage in accordance with Section 5300
to be located at all entrances to the multifamily development and in the case
of apartment buildings, each building shall be designated by street
numbering as determined by the Board of Assessors, and each unit number shall
be clearly marked with numerals or letters of no less than six (6)
inches in height and be of a clearly visible color. In the case
of multifamily developments containing single-family detached dwelling units a
permanent marker of engraved granite not greater than six (6) square
feet in area shall be placed at the end of the driveway entrance to
the multifamily development where it meets the public way and shall contain the
diagram of the addresses of the properties as designated by the Board
of Assessors. A similar, but smaller, marker shall be placed where the
driveway meets the individual dwelling driveway and at any location where the
driveway may split to access more than one dwelling. All driveways
and parking areas for the designed multifamily development shall
be paved to a total thickness of three (3) inches with two courses of
bituminous concrete.55
7330. Open
Space Open
space and common land, if any, shall be laid out in such manner as to tend to
assure compliance with the foregoing standards, to provide for pedestrian
safety within the site and to provide an aesthetically pleasant setting
for the multifamily residential development within its neighborhood. Such open
space land shall meet the ownership, maintenance and conservation
easement requirements as provided for an open space residential development
under this chapter.
7335. Affordable
Housing. All multifamily developments which will result in
the creation of six (6) or more detached single family dwelling units on the
site designated as the multifamily development shall require at least 10% of
the units, and in no case, less than one unit, be priced for
qualified affordable housing purchase as defined by the Commonwealth of Massachusetts.56
7340. Planning
Board Action Before acting upon
the application, the Board shall submit it with the plan to the following boards,
which may review it jointly or separately: Board of Health, Highway Surveyor,
Conservation Commission, Police Chief, Board of Fire Engineers, Water
Department and Sewer Commission. The Planning Board shall grant such
special permit only when it determines that all of the standards for special
permits contained in Section 9300 are met and the requirements set forth
herein.
7341. Planning Board approval of a
special permit hereunder shall not substitute for compliance with the Subdivision
Control Act, nor oblige the Planning Board to approve any related plan for
subdivision, nor reduce any time periods for Board consideration
under the law. However, in order to facilitate processing, the Planning Board may,
insofar as practical under existing law, accept a combined plan and application
which shall satisfy both this section and the Board’s regulations
under the Subdivision Control Act.
7350. Conditions. Where a
special permit for multifamily residential development is granted which is not
subject to subdivision control, the Planning Board shall impose
all or such part of its subdivision control requirements as it deems advisable
as conditions upon its permit, including but not limited to the construction of
roads and driveways, drainage facilities and other facilities and
utilities, and shall require a bond or covenant in the manner prescribed in the
subdivision regulations to secure performance of the entire plan for
multifamily residential development as approved for special permit.
7400. TRAILERS
7410. General No person shall
use or permit to be used for dwelling purposes within the town any trailer or
similar mobile equipment, whether registered or unregistered, mobile or
immobile, except that mobile trailers may be used for temporary
dwelling purposes, provided that such use is licensed by the Selectmen, said
license to be applied for by the occupant within three days after the
unit is located in the town and with no license granted hereunder to be for a
period exceeding six calendar months.
7420. Preexisting
Trailers. The above
restrictions shall not apply to trailers which are presently or are hereafter
placed in any trailer park already in existence in the town or to any
existing trailer presently being used for dwelling purposes, which trailers
shall be subject to and limited by licenses, if any, presently in effect.
7421.
Such trailers may be replaced by a trailer not more than 20% larger in
volume than the lawfully preexisting trailer.
7500. REAR
LOTS
7510. General In a Rural, Town
Suburban or Recreational Residential District, a building and occupancy permit
for one (1) single family dwelling unit may be issued notwithstanding the
minimum frontage requirements set forth in Section 4000, subject to the
following conditions.
7520. Conditions
7521. The area of the lot upon
which such dwelling unit is erected or to be erected shall exceed by at least
two (2) acres the minimum lot required in that district.
7522. The minimum frontage shall
be at least forty (40) feet, and the width of the lot between the dwelling site
and the public way shall not be less than forty (40) feet.
7523. The lot shall not interfere
with the layout of future public ways.
7524. Two (2) or more such lots
shall not have contiguous frontage, and each one shall be separated by a lot
with frontage conforming to the district requirement.
SECTION 8000. SPECIAL DISTRICTS[14]
8100. WATER
RESOURCE PROTECTION OVERLAY DISTRICT (WRPOD)
8110. Purpose The intent of
the Water Resource Protection Overlay District (WRPOD) is to protect the
current and future groundwater supplies of the town by regulating activities,
which could generate contaminants resulting in degradation of the
groundwater. The WRPOD shall be considered as overlaying other zoning
districts; regulation hereunder is in addition to the requirements
of the districts it overlays, and no use or dimension not permitted in the
portions of the districts so overlaid shall be permitted in the
WRPOD. Location of each of the WRPOD zones are as shown on the official
Zoning Map of the Town of Pepperell as the same may be amended.
8120. WRPOD
Zones.
The WRPOD consists of three zones: a Watersource Protection Zone, a Well
Protection Zone and an Aquifer-Watershed Protection Zone as shown on the
Official Zoning Map and defined as follows:
8124. Water Source Protection
Zone: The “Water Source Protection Zone” (WSPZ) consists of a 400 foot radius
surrounding a public wellhead/water source and shall coincide with the
area defined as “Zone I” pursuant to the regulations set forth
in 310 CMR 22.00. It is intended that all areas within the WSPZ will be owned
in fee simple or substantially controlled by the Town of Pepperell by
recorded easement, lease or other restriction for purposes as public
water supply and that there shall be no activity within the WSPZ which is
inconsistent with the regulations governing Zone I. For this
reason, the limitations on uses as they pertain to the WSPZ eliminate
any substantial uses other than as a public water supply and uses accessory
thereto.
8125. Well Protection Zone: The
"Well Protection Zone" (WPZ) is defined as the area adjacent to the
Water Source Protection Zone and shall coincide with the area defined as
“Zone II” pursuant to the regulations set forth in 310 CMR 22.00 being
the area which contributes water to the wells after 180 days of pumping at safe
yield with no recharge from precipitation as defined in 310 Code of
Massachusetts Regulations (CMR) 22.00.
8126. Aquifer and Watershed
Protection Zone: The “Aquifer and Watershed Protection Zone" (AWPZ) is
defined as that portion of the surface and groundwater drainage
basin, which contributes significantly to the groundwater recharge of
the WSPZ and the WPZ. It is intended that the AWPZ shall coincide with the
area defined as “Zone III” ” pursuant to the regulations set
forth in 310 CMR 22.00 being the area outside of the WPZ from which
surface water and groundwater drain into the WPZ.
8127. Boundary Appeals: In cases
of uncertainty regarding the boundary of the WRPOD, or any of the zones within the
WRPOD, an owner of land in the WRPOD may appeal the determination by the
Building Inspector to the Board of Appeals. The appeal shall be
accompanied by sufficient data to prove that the boundary line is incorrect
and to show where it should properly be located using the best available
hydrogeological data. The burden of proof shall be upon the landowner.
The Board of Appeals shall transmit copies of the data to the Planning Board,
Water Department, Conservation Commission and Board of Health for their
review. The Board of Appeals shall not hold a public hearing on the appeal
until such time as written reports have been received from all boards
to whom such data has been referred or 35 days have elapsed following referral without
receipt of such reports. Should the Board of Appeals determine that the data
provided is accurate, it may grant the owner an exemption in whole or in part
from the requirements of the WRPOD and shall propose a revision of the
WRPOD to the next appropriate Town Meeting.
8130. Use
Regulations. The following
regulations shall apply within the WRPOD:
|
USE
|
WATER SOURCE PROTECTION ZONE
|
WELL PROTECTION ZONE
|
AQUIFER-WATERSHED PROTECTION ZONE
|
|
1.
Existing or protected uses, excluding the use of pesticides, herbicides and
other chemicals except lawn fertilizers applied either at a rate not to
exceed 16 pounds of nitrates per 40,000 square feet per year or in accordance
with a schedule developed by the Department of Food and Agriculture of the
United States Department of Agriculture
|
N
|
Y
|
Y
|
|
2.
Agricultural uses
|
N
|
Y
|
Y
|
|
3.
Woodlot management and selected tree cutting after site plan approval by the
Planning Board after referral to the Forestry Committee (if on town owned
land or if cutting is not subject to the State Forest Cutting Practices Act
and DEM regulations)
|
Y
|
Y
|
Y
|
|
4.
Emergency repairs, demolition and/or removal of existing structures as may be
required by law for public safety and the replacement or repair of a sewage
disposal system that will not result in an increase in design capacity over
the original design or the design capacity of 310 CMR 15.000, whichever is
greater
|
N
|
Y
|
Y
|
|
5.
Construction and maintenance of facilities and accessory uses related to
public water supply.
|
Y
|
Y
|
Y
|
|
6.
Maintenance and repair but not enlargement of any existing or approved
roadways and drainage structures
|
Y
|
Y
|
Y
|
|
7.
Construction or alteration of existing roads, parking areas and drainage
facilities
|
SP
|
SP
|
SP
|
|
8.
Construction of roads approved under Pepperell Subdivision Rules and
Regulations more than 100 feet from wetlands.
|
N
|
Y
|
Y
|
|
9.
Construction of single family residences served by and connected to Town
sewer.
|
N
|
Y
|
Y
|
|
10.
Construction of single family residential structures serviced by subsurface
disposal systems in compliance with Title V on lots containing at least
80,000 square feet (see 8171)
|
N
|
Y
|
Y
|
|
11.
Construction of multi-family residences served by and connected to Town
sewer.
|
N
|
Y
|
Y
|
|
12.
Construction of multi- family residential structures serviced by subsurface
disposal systems in compliance with Title V on lots containing at least
80,000 square feet (see 8171)
|
N
|
SP
|
SP
|
|
13.
Swimming pools.[15]
|
N
|
Y
|
Y
|
|
14.
Facilities that generate, treat, store and dispose of, and the transportation
of, hazardous waste or materials as defined under G.L. c. 21C and 310 CMR
30.000, except very small quantity generators, household hazardous waste
events, waste oil retention facilitates required by G. L. c. 21, s.52A and
water remediation treatment works approved by DEP for the treatment of
contaminated ground or surface waters
|
N
|
N
|
N
|
|
USE
|
WATER SOURCE PROTECTION ZONE
|
WELL PROTECTION ZONE
|
AQUIFER-WATERSHED PROTECTION ZONE
|
|
15.
Sale or storage of liquid petroleum products, except storage for normal
household use, outdoor maintenance, heating of a structure, waste oil
retention facilities or emergency generators required by statute or
regulation, approved treatment works for ground or surface waters, provided
that such storage is in freestanding containers within buildings or
aboveground with secondary containment adequate to contain a spill the size
of the container's total storage capacity
|
N
|
N
|
N
|
|
16.
Use of septic tank cleaners, which contain toxic chemicals as defined by the
Commonwealth of Massachusetts DEP Regulations 310 CMR 30.00
|
N
|
N
|
N
|
|
17.
Solid waste disposal sites, including junk and salvage yards or sanitary
landfills
|
N
|
N
|
N
|
|
18.
Motor vehicle repair facilities, body shops and gasoline service stations
|
N
|
N
|
N
|
|
19.
Trucking or bus terminals
|
N
|
N
|
N
|
|
20.
Car and truck washing facilities not connected to the municipal sewer system
|
N
|
N
|
N
|
|
21.
Coin or commercial laundries not connected to the municipal sewer system
|
N
|
N
|
N
|
|
22.
Hairdressing and beauty shops not connected to the municipal sewer system
|
N
|
N
|
N
|
|
23.
Storage of hazardous materials, including but not limited to chemicals,
fertilizers, pesticides, herbicides, manure or deicing compounds, unless in a
freestanding container within a building or above ground with secondary
containment adequate to contain a spill the size of the container's total
storage capacity or within a structure designed to prevent the escape of
contaminated runoff or leachate
|
N
|
N
|
N
|
|
24.
The removal of soil, loam, sand, gravel and any other mineral substances
within four feet of the historical high groundwater table elevation unless
the substances removed are redeposited within 45 days of removal on site to
achieve a final grading greater than four feet above the historical high
water mark, except for excavations for the construction of building
foundations or the installation of utility works, or wetlands restoration
work conducted in accordance with a valid order of conditions.
|
N
|
SP
|
SP
|
|
25.
Dumping of snow brought in from outside the WRPOD
|
N
|
N
|
N
|
|
26.
Discharge of treated wastewater containing other than normal household wastes
from a dwelling
|
N
|
N
|
N
|
|
27.
Use of deicing compounds on roads, driveways and parking lots
|
N
|
N
|
N
|
|
28.
Sewage treatment facilities with onsite disposal of secondary treated
effluent serving multiple dwellings.
|
N
|
N
|
N
|
|
29.
Diversion of storm water runoff from the WRPOD
|
N
|
N
|
N
|
USE
|
WATER SOURCE PROTECTION ZONE
|
WELL PROTECTION ZONE
|
AQUIFER-WATERSHED PROTECTION ZONE
|
|
30.
Animal feed lots containing 25 or more animals per 40,000 square feet
|
N
|
N
|
N
|
|
31 Cemetery
|
N
|
N
|
N
|
|
32. Land uses that result in rendering impervious an area
aggregating more than the greater of 2,500S.F. or 15% of any lot.
|
N
|
SP
|
SP
|
|
33.
All other new construction for any and every residential, commercial and
industrial use on lots now vacant not specifically addressed above.
|
N
|
SP
|
SP
|
8140. Special
Permit Granting Authority The Planning Board
is hereby established as the special permit granting authority for
the purpose of granting relief from the requirements of the WRPOD and the
Planning Board shall make all findings required for general or
specific performance standards below. Findings under Section 9300 are not
necessary except that a finding shall be made that the residence or
other structure to be constructed shall have sufficient access to utilities and
other necessary public services.
8150. General
Performance Standards All construction
shall be in accordance with the following conditions:
8151. Swimming Pools. Should it
be necessary at any time to empty the water from the pool, the water shall be
left untreated and exposed to sunlight for a period of three days prior
to its being released into the soils at the site.[16]
8152. Any toxic materials, such as
paint, swimming pool treatment and cleaning solutions or other material defined
as hazardous shall be stored in sealed containers and kept in a toxic
material storage enclosure when not in use. Adequate precautions shall
be taken to ensure that a spill of any toxic materials in use at the site or
stored within the enclosure will not leach into the surrounding soil. If the
material is so caustic that a spill could not be contained, the
material shall not be stored at the site.
8153. The construction road shall
be the driveway to the residence or locus.
8154. The physical boundaries of
the actual construction area and soil storage area shall be clearly marked.
These areas shall be made as small as possible, and operation of vehicles
whose combined vehicle payload weight exceeds 10,000 pounds
shall not be allowed outside of these designated areas. No portion of any of
these areas shall be within 100 feet of wetland areas. The Planning Board
may allow, for access purposes only, reduction of the 100 foot restricted
area if it has been determined that there are no reasonable alternatives to access
the upland area and a certification from a Registered Professional
Hydrogeologist, Certified Professional Geological Scientist, Registered
Professional Engineer (including only those certified as a Civil Engineer
or Environmental Engineer), Certified Ground Water Professional or Certified
Professional Soil Scientist that the project will not have an adverse
impact on the interests protected by the WPZ and the AWPZ in the WRPOD.
The reduction in the 100 foot setback from wetlands does not exempt the
applicant from compliance with the Wetlands Protection Act or any other
applicable wetlands bylaws. Upon such certification, the Planning Board
shall issue the Special Permit unless the Planning Board determines, after applying
objective and scientifically accepted principles, that the applicant’s project,
no matter what conditions may be applied to it, will adversely and
materially affect the public drinking water supply protected by the WPZ and
the AWPZ.[17]
8155. All waste and refuse which
is generated during construction shall be stored in a closable waste bin or
removed from the site on a daily basis. There shall be no onsite burial of any
stumps or slash. All construction materials shall be removed from the
site after construction has been completed.
8156. Certain uses described in
Section 8130 require the issuance of a non-discretionary Special Permit. In
any such use requiring the issuance of a Special Permit the Planning Board
shall require certification from a Registered Professional
Hydrogeologist, Certified Professional Geological Scientist, Registered
Professional Engineer (including only those certified as a
Civil Engineer or Environmental Engineer), Certified Ground Water Professional
or Certified Professional Soil Scientist that the project will not have an
adverse impact on the interests protected by the WPZ and the AWPZ in the
WRPOD. Upon such certification, the Planning Board shall issue the
Special Permit unless the Planning Board determines, in a well-founded and
documented decision, after applying objective and scientifically
accepted principles, that the applicant’s project, no matter what conditions
may be applied to it, will adversely and materially affect the public drinking
water supply protected by the WPZ and the AWPZ.
8160. Construction
Standards for Single Family Residences In addition to
compliance with all general performance standards, the following
specific standards shall apply to the construction of single family residences
in the WRPOD:
8161. Surface waters and flood
hazard areas shall be excluded when determining the minimum lot size of 80,000 square
feet for residential buildings not served by or connected to Town sewer, nor
shall structures be built on these areas.
8170. Additional
Construction Standards In addition to
compliance with all general performance standards, the following specific
standards shall apply to construction in the areas of the Watershed Protection
Zone and the Aquifer Protection Zone which overlay Commercial
or Industrial Districts:
8171.
No development shall render more than 10% of a lot area impervious,
unless artificial recharge that will not degrade the groundwater is provided
on site.
8172.
No channeling or otherwise directing rainwater from gravel areas or
impervious areas, including rooftops, shall be done other than through oil
and grease traps and sediment traps.
8173.
Paving with impervious material shall be required for areas upon which
vehicles travel or are stored.
8200. [RESERVED]
8300. WIRELESS
COMMUNICATIONS OVERLAY DISTRICT (WCOD)[18]
8310. Purpose. The purpose of
this section is to establish areas in which wireless communications facilities
may be provided while protecting Pepperell's unique community
character. The WCOD has been created (a) to provide for safe and appropriate
siting of wireless communications facilities consistent with the
Telecommunications Act of 1996, and (b) to minimize visual impacts from
such facilities on residential districts and scenic areas within Pepperell.
The construction and use of a wireless communications facility for
which a building permit has issued prior to the date of adoption of this new
amended zoning bylaw shall continue to be governed by the zoning bylaw
provisions in effect at the time the building permit issued.
8320. Location. The terms of the
WCOD shall apply to all properties within the Town of Pepperell.
8330. Applicability. The WCOD shall
be construed as an overlay district with regard to said locations. All
requirements of the underlying zoning shall remain in full
force and effect except Section 4110, and except as may be specifically superseded
or added to herein.
8340. Permitted
Uses. Within
the WCOD, wireless equipment may be placed on any appropriate existing
structure, including a permitted monopole, upon minor site plan
approval by the Planning Board.
8341.
Such equipment may be placed upon or inside existing buildings or
structures, including water tanks and towers, church spires, electrical
transmission lines, and the like. In such cases, the facility height shall not
exceed two (2) feet above the height of the existing structure or
building. Strict compliance with the two (2) foot facility height
limitations may be varied by the Planning Board during the site plan approval
process when, in the judgment of the Planning Board, such action is in the
public interest and not inconsistent with the Pepperell Zoning Bylaw.
8350. Uses
Available by Special Permit. A wireless
communications facility (WCF) may be erected in the WCOD upon the issuance
of a special permit by the Planning Board if the Board determines that the
proposed facility will not cause substantial detriment to the town or the
neighborhood, in view of the particular characteristics of the site, and of the
proposal in relation to that site. The determination shall
include consideration of each of the following:
a.
communications needs served by the WCF;
b. traffic
flow and safety, including parking and loading;
c.
adequacy of utilities and other public services;
d. impact
on neighborhood character, including aesthetics;
e.
impacts on the natural environment, including visual impacts;
f.
potential fiscal impact, including impact on town services, tax
base, and employment;
g. new
monopoles shall be considered only upon a finding that existing or approved
monopoles or facilities cannot accommodate the equipment planned for the
proposed monopole.
8360. Conditions. All WCFs shall be
subject to the following conditions. Strict
compliance with the conditions of these regulations may be varied by
special permit, when, in the judgement of the Planning Board, such action is in
the public interest and not inconsistent with the Pepperell Zoning Bylaws.
a.
To the extent feasible, service providers shall co-locate on a
single facility. Monopoles shall be designed to structurally
accommodate other potential users (within a ten year period) where technically
practicable.
b. New
free-standing WCFs shall be limited to monopoles; no lattice towers shall be
permitted. Monopole height shall not exceed 100 feet above mean
finished ground elevation at the base of the mounting structure; provided,
however, that a monopole may be erected higher than 100 feet where co-location
is approved or proposed, not to exceed a height of 140 feet
above mean finished ground elevation at the base of the mounting structure.
c.
All structures associated
with WCFs shall be removed within one year of cessation of use. The Board may require
a performance guarantee to effect this result.
d. Existing
on-site vegetation shall be preserved to the maximum extent practicable.
e.
The WCF shall minimize, to the extent feasible, adverse visual
effects on the environment. The Planning Board may impose reasonable
conditions to ensure this result, including painting, lighting standards, landscaping,
and screening.
f.
Traffic associated with the WCF shall not adversely affect
public ways.
g.
Fencing may be required to
control unauthorized entry to a WCF.
h. Notwithstanding
the requirements of Sec. 4140, a WCF shall be set back from the property lines
of the lot upon which it is to be located for a minimum distance that is
at least equal to the height of the tower.
i.
The required setback for a WCF from designated wetlands or
surface waters shall be at least 100 feet.
j.
A WCF shall be set back a
minimum of at least 500 feet from all existing dwellings or mobile homes and public
ways.
k.
No WCF shall be located in the front yard of any lot.
8370. Submittal
requirements. As part of
any application for a special permit, applicants shall submit, at a minimum,
the following information.
a.
A site plan consistent with the requirements for major site plan
approval, as set forth herein at Section 9400.
b.
A narrative report describing the capacity of the WCF, including
the number and types of antennas that it can accommodate and the basis
for the calculation of capacity.
c.
Copies of required federal and state permits, or a list of such
permits to be acquired prior to construction.
8400. Sewer Zoning District[19]
8410. Purpose. The purpose of this
section is to define that portion of the Town of Pepperell in which sewer
service is provided or may be planned to be provided, and to regulate
sewer connections and use within the Sewer District area.
8420. Location. The Sewer District shall
consist of that area of land shown within the delineated area appearing on the
Town of Pepperell Zoning Map and is additionally described and
defined in a written addendum to the Official Zoning Map.
8430. Applicability. The Sewer District shall
be construed as an overlay district, and all elements of the underlying zoning shall
remain in full force and effect.
8440. Regulation. All habitable structures,
whether residential or commercial, constructed after the effective date of this
section, lying within the Sewer District and having legal access to the
sewers of the Town of Pepperell, shall connect to the municipal sewer
system by a sufficient drain, prior to any use or occupancy thereof. All single
family residences existing at the effective date of this section shall
be allowed access to the municipal sewer system. Any single family residence
existing at the effective date of this section which is outside the Sewer
District but directly abutting a parcel within the Sewer District
may be allowed access to the municipal sewer system through proof of
demonstrated hardship circumstances and by the permission of the
Board of Public Works. No other properties outside the Sewer District shall be
allowed access to the municipal sewer system.
8450. Authority. The Board of Public Works shall be the enforcement
authority of the Sewer District. All connections to the municipal sewer
system shall be directed as defined by the Sewer Division of the Department of
Public Works.
8500. Mixed Use Overlay District[20]
8500. Purpose. The Mixed
Use Overlay District (sometimes referred to herein as a “MUOD”), allows by
Special Permit from the Planning Board an alternative pattern of land
development to the pattern normally permitted in the underlying District(s).
A Mixed Use District Overlay shall be permitted by Special Permit in the
Commercial or Industrial Districts provided the area to be so
designated shall have at least five (5) acres (inclusive of wetlands). It is
intended to create mixed commercial, residential, and open space
areas, called Mixed Use Developments (sometimes referred to herein as MUD”),
where the visual and physical dominance of the automobile is made secondary to
pedestrian needs; to encourage pedestrian activity by creating a
pleasant, rich and diverse experience for pedestrians; to reduce traffic congestion
and air pollution by providing opportunities for retail services, housing and
employment in close proximity; and to encourage the sharing of parking lots
and driveway curb cuts, minimizing the amount of paved parking surface area,
and reducing traffic congestion. For the purposes of this section, a “Mixed
Use Development (MUD)” shall mean any eligible use set forth in Section
8530, below, which may be commingled into a single structure or structures with
other eligible uses or may be located in separate structures on the site, all
subject to the issuance of a Special Permit as set forth in Section 8590.
8510. Authority. The
Planning Board shall be the Special Permit Granting Authority for a MUD. The
Planning Board may vary the dimensional and parking requirements of this
section if, in its opinion, such change will result in an improved design of
the MUD. This authority continues subsequent to occupancy by Special Permit
issued by the Planning Board. Section 9300 et. seq. of this Zoning Bylaw
applies with respect to the Planning Board’s consideration of the grant of a Special
Permit for the MUD.
8520. Exclusivity/Control.
All other
uses and provisions not otherwise impacted by this Section (8500 et. seq.)
shall continue to remain in full force and effect. This Section
(8500 et. seq.) of the Bylaw shall exclusively control development of
any MUD and shall take precedence over any other provision of the Zoning Bylaw
(except the provision of any other applicable overlay district).
In the event of any conflict between the provisions of this Section
8500 et. seq. and the Zoning Bylaws, the provisions of this Section shall
govern and control. Upon the construction and operation of a MUD pursuant
to a Special Permit granted under this Section 8500, the underlying zoning
regulations shall be superseded by the MUD Special Permit.
8530. Eligible
Uses. Except
as noted below, all uses permitted in a Commercial District shall be eligible
for consideration as part of a MUD. In addition to the foregoing, the
following types of uses shall be eligible for consideration as part of a MUD:
8531.
Multifamily Dwellings - defined as a structure or structures containing
three or more residential units.
8532.
Municipal Facilities - defined as facilities owned or operated by the
Town of Pepperell.
8533.
Underground and Above Ground Utilities
8534.
Parking Facility - defined as a structure or structures permitting above
ground or below grade parking including parking at or below grade
under a building.
8535. Prohibited
Uses.
a.
Notwithstanding the foregoing, the following uses shall be expressly
PROHIBITED in the Mixed Use Overlay District:
b. Motor
vehicle sales and rental
c.
Motor vehicle light service
d. Motor
vehicle general and body repair
e.
Car Wash
f.
Commercial Kennel
g. Flea
Market
h. Drive
through service for fast food establishments
8540. Density.
8541. Business
Professional Office or Retail uses shall comprise a minimum of 10% of the floor
area of permitted uses in a MUD.
8550. Dimensional
Requirements. The dimensional
requirements below shall apply to the Mixed Use Overlay District:
8551.
Minimum contiguous area required for a Mixed Use Overlay District shall
be five (5) acres. A Mixed Use Overlay District shall consist of
one or more lots.
8552.
Minimum lot frontage shall be 100 feet for lots within the Mixed Use
Overlay District.
8553.
Minimum lot width shall be 100 feet for lots within the Mixed Use
Overlay District.
8554.
The minimum front yard for lots within the Mixed Use Overlay District
shall be 30 feet.
8555.
The minimum Side Yard and Rear Yard for lots within the Mixed Use
Overlay District shall be as set forth in Section 4140 of the Bylaw for the
underlying zoning district.
8556.
There shall also be at least 15 feet separation between any two
structures in the MUD and the areas behind and between all structures
shall be clear and accessible to the Town’s fire suppression vehicles.
8557.
Maximum height shall be 60 feet.
8558.
Maximum lot coverage shall be 70 percent for lots within the Mixed Use
Overlay District.
8559.
Screening - When a Mixed Use Overlay District abuts a residential
district, there shall be appropriate screening as approved by the
Planning Board between the Mixed Use Overlay District and residential district.
8560. Parking
and Curb Cut. Parking and Curb Cut
Requirements. Unless as provided below, parking and circulation requirements
shall be in accordance with Section 5000 et. seq. of this Bylaw except as
described below for Mixed Use Developments:
8561.
General - In a MUD adequate off-street parking shall be provided. The
Planning Board and the applicant shall have as a goal for the
purposes of defining adequate off-street parking, making the most efficient use
of the parking facilities to be provided and minimizing the area of land to be
paved for this purpose. In implementing this goal the Board shall consider
complimentary or shared use of parking areas by activities having
different peak demand times, and the applicant shall locate adjacent uses in
such a manner as will facilitate the complementary use of such parking
areas. Implementation of such complementary use of parking areas may
result in permitted reductions in the parking requirements.
8562.
Parking Locations - Parking may be provided at ground level, underground
or in a parking garage. Parking garages can be free standing or as part of
buildings dedicated to other permitted uses.
8563.
Parking at Buildings - Parking shall be primarily located at the rear,
side or under buildings.
8564.
Parking Spaces for Each Dwelling Unit - There shall be a minimum of 1.5
parking spaces for each dwelling unit.
8565.
Granting of Relief from Parking Regulations - The Planning Board may
waive any of the foregoing requirements or the requirements of Section 5000
et. seq. if it makes a finding that to do so will enhance the overall
design of the MUD.
8570. Signage.
As part of
the Special Permit Application, the applicant shall submit for review and
approval a signage plan to govern signage in the MUD.
8580. Application.
An
application for a Special Permit for a Mixed Use Development shall comply with
the requirements of Section 9300 et. seq. of the Zoning Bylaws.
8590. Planning
Board Findings. A Special
Permit shall be issued under this Section if the Planning Board finds that the MUD
is in harmony with the purpose and intent of this Section and that it contains
a compatible mix of uses sufficiently advantageous to the Town to render
it appropriate to depart from the requirements of the Bylaw otherwise applicable
to the underlying district in which the MUD is located.
8600. Affordable
Housing
8610.
Any MUD which will result in the creation of ten (10) or more
residential dwelling units, shall include as a condition of said permit
that:
8611.
At least 10% of the units, and in no case less than one unit, be priced
for qualified affordable housing purchasers;
8612.
The mix of affordable dwelling units and rate of affordable dwelling
units built in any one year shall be equivalent to the overall mix
for the entire MUD. It is intended that the affordable dwelling units
authorized under the provisions of this Bylaw be considered as
Local Initiative Program (LIP) dwelling units in compliance with
the requirements for the same as specified by the Department of Community
Affairs, Massachusetts Department of Housing and Community
Development (DHCD), or successor, or additional programs adopted
by the Commonwealth of Massachusetts or its agencies, and that said units count
toward Pepperell’s requirements under Massachusetts General Law
Chapter 40B, Sections 20-23, as amended.
8613.
Deed restrictions, acceptable to the Town, and established in accordance
with the standards of DHCD or successor or additional programs adopted by
the Commonwealth of Massachusetts or its agencies, shall be placed
on the appropriate property to ensure that affordable dwelling units created
under this section shall remain affordable dwelling units in perpetuity or for
as long a period as is allowed by law.
8614.
Dwelling units shall be considered as part of a single development if
located either on a single parcel or contiguous parcels of land which
have been in the same ownership at any time subsequent to the date of adoption
of this Mixed-Use Bylaw.
8615.
Affordable dwelling units required under Section 8610 may be provided in
any one or combination of methods described below, subject to the
approval of the Planning Board.
a.
Constructed on the locus subject to the Special Permit;
b.
Constructed on a locus different than the one subject to the Special
Permit;
c.
An applicant may offer, and the Planning Board, in concert with the
Board of Selectmen may accept, donations of land in fee simple,
on or off-site that the Planning Board determines are suitable for the construction
of an equivalent number of affordable dwelling units. The Planning Board may
require, prior to acceptance of land by the Town, satisfaction of
the requirements of this Bylaw, that the applicant submit
appraisals of the land in question, as well as other data relevant to the
determination of value;
d.
For fractional affordable dwelling units, the applicant may round up to
the next whole number of units or choose to pay equivalent fees-in-lieu of
units proportionate to the percentage of the unit required; and
e.
Preservation of existing market-rate dwelling units as affordable
dwelling units through the purchase of deed restrictions.
8616.
All affordable dwelling units that are constructed on-site under this Bylaw
shall be situated within the MUD so as not to be in less
desirable locations than market-rate units in the MUD and shall, on average, be
no less accessible to public amenities, such as open space, as
the market-rate units. The Site Plan shall identify those lots/locations
selected for affordable dwelling units.
8617.
With the approval of the Planning Board, as an alternative to the
requirements of Section 8610, an applicant subject to the Bylaw may develop,
construct or otherwise provide affordable dwelling units equivalent to those
required by Section 8610 off-site. To the maximum extent practicable, all
requirements of this Bylaw that apply to on-site provision of affordable
dwelling units shall apply to provision of off-site affordable dwelling
units. In addition, the Planning Board shall approve the location of the
off-site units to be provided as an integral element of the Special Permit
review and approval process.
8618.
As an alternative to the requirements of Section 8610 and as allowed by
law and with the approval of the Planning Board, an applicant may
contribute an amount in cash equal to the costs of construction such affordable
dwelling units, and satisfactory to the Planning Board in consultation with
other relevant Town boards, to the Town Housing Authority or its
designee for the development and preservation of affordable housing,
in consultation with the Planning Board and other appropriate Town Boards, in
lieu of constructing and offering affordable dwelling units
within the locus of the proposed development or off-site, as set forth in Section
8670, below.
8619.
The applicant for a MUD subject to this Bylaw may pay fees-in-lieu of
the construction. For the purposes of this Bylaw, the
fees-in-lieu of the construction or provision of each affordable dwelling unit
is determined to be three (3) times 80% of the median income for
a household of four (4), as reported by the most recent information from
the United States Department of Housing and Urban Development (HUD) and/or the Massachusetts
Department of Housing and Community Development (DHCD).
8700. Standards
for Roadways and Drainage
8710. Roadways - MUD roadways to
be accepted by the Town of Pepperell as public ways shall be designed and constructed
in accordance with the Rules and Regulations for the Subdivision of Land in the
Town of Pepperell. Private ways within the MUD, to the extent feasible,
shall be constructed using the methods and materials prescribed
in the Rules and Regulations for the Subdivision of Land in the Town of
Pepperell, but shall not be required to conform to the dimensional
requirements thereof, provided that those private roadways shall be
adequate for the intended vehicular and pedestrian traffic and shall be
maintained by the owner/developer or an association of owners.
8711. Storm Water Management
System - The MUD shall have a storm water management system designed in accordance
with the Rules and Regulations for the Subdivision of Land in the Town of Pepperell
and the Department of Environmental Protection’s Storm Water Management
Guidelines, as amended.
8800. Amendments. After
approval, the owner/developer may seek amendments to the approved plan. Minor
amendments may be made by a majority vote of the Planning Board. It shall be
a finding of the Planning Board, not subject to dispute by the applicant,
whether a requested amendment is deemed to be major or minor. A major
amendment shall require the filing of an application pursuant to Section
9300 of the Zoning Bylaw
SECTION 9000. ADMINISTRATION AND PROCEDURES
9100. ADMINISTRATION
9110. General. Buildings,
structures or signs may not be erected, substantially altered, moved, or
changed in use and land may not be substantially altered or
changed in principal use unless in compliance with then‑applicable
zoning, and after all necessary permits have been received under
federal, state, or local law. No building permit for a new building or for an
addition to or accessory use to an existing building shall be issued by the
Building Commissioner until the applicant has received a certification for
use. No building code occupancy permit shall be issued by the Building
Commissioner until the applicant has received a zoning certificate
of occupancy.
9120. Building
Commissioner. This Bylaw shall be
administered by the Building Commissioner. Pursuant to the State Building
Code, the Building Commissioner may require such plans and specifications as
may be necessary to determine compliance with all pertinent laws of the
Commonwealth, as set forth below.
9130. Application
Requirements. Every application
for a permit for building or use shall be accompanied by the following documents
or plans:
9131.
A plot plan certified by a land surveyor showing:
a.
Dimension and area of the lot.
b.
Location of all ways adjacent to and within the lot.
c.
Accurate distances from all lot lines and ways.
d.
Existing and approved street grades.
e.
Location of existing sewer, gas, water, and/or location of existing
septic system and well, and other utilities on the subject
property and in the adjacent street.
f.
Location of existing buildings on the lot.
9132.
A plot plan certified by a land surveyor may be waived upon application
for minor alterations, enlargements, reconstructions or extensions where
the Building Inspector is satisfied that the applicants plot plan contains the required
information and is sufficiently accurate so as not to bring the proposed
building into conflict with this chapter.
9133.
The applicant for a permit for building or use shall submit a completed
application form and required filing fee along with the plot plan. An
application shall not be considered received until the applicant has submitted
all required information.
9140. Referral. The Building
Commissioner shall refer applications for building or use permits and zoning
certificates of occupancy requesting appropriate comments and
recommendations as to compliance with applicable land use laws, as relevant,
to the Board of Selectmen, Planning Board, Board of Health, Conservation
Commission and Highway Surveyor where the Building Commissioner finds
that one or more of the following impacts may result from the proposed
activity:
9141.
The proposed use may result in violation of the standards established in
this chapter in Section 5500, regarding environmental protection,
including soil removal.
9142.
The proposed use involves filling, altering or dredging or lands which
are wet, marshy, swampy or lands which are subject to flooding or
periodic flooding and may require further proceedings under other statutes, bylaws
or regulations of the town or commonwealth.
9143.
The proposed use is subject to a driveway permit, special permit,
variance or other permit or conditions in such permits or Planning Board
determination, including but not limited to release of land from subdivision covenant.
The referral of permits for
building, use or zoning certificate of occupancy applications is for the
purpose of advising and informing the Building Inspector and the applicant of
concerns and procedures that may need to be followed prior to or
in addition to the issuance of a permit for building, use or zoning certificate
of occupancy. Those to whom the applications are referred shall report the
results of their review to the Building Inspector and the applicant within fourteen
(14) days of the receipt of a copy of the application. Failure to make a report
shall not delay the issuance of a permit for building, use or
zoning certificate of occupancy, nor shall it constitute approval of the
proposed use by a board or agency failing to respond.
9150. Decision.
9151.
The Building Inspector shall have thirty (30) days from the date of the
filing of a complete application for a permit for building or use within
which to issue or deny the permit. In the case of a denial, the Building Inspector
shall specify in detail where the applicant's proposal is not in compliance,
referencing specific sections of this chapter.
9152.
The Building Inspector shall have thirty (30) days from the date of the
filing of a completed application form and filing fee for a zoning certificate
of occupancy within which to issue a certificate, issue a temporary certificate
or deny the certificate. In the case of denial, the Building Inspector shall
specify in detail where the applicant’s proposal is not in
compliance with a section in this chapter or a condition in a special permit, variance
or other zoning permit.
9160. Enforcement.
The
Building Commissioner shall institute and take any and all such action as may
be necessary to enforce full compliance with any and all of the
provisions of this Bylaw and of permits and variances issued thereunder,
including notification of noncompliance and request for legal action through
the Selectmen to Town Counsel.
9170. Penalties. The penalty for
violation of any provision of this Bylaw, of any of the conditions under which
a permit is issued, or of any decision rendered by the Board of Appeals shall
be Three Hundred dollars ($300.00) for each offense. Each day that
each violation continues shall constitute a separate offense.
9180. Noncriminal
Disposition. When authorized by
separate bylaw, the Building Commissioner may enforce this Zoning Bylaw by the
non-criminal disposition of the matter.
9200. BOARD
OF APPEALS
9210. Establishment. The Board of
Appeals of the Town of Pepperell, is hereby established under the Zoning Act, consisting
of three (3) members and two (2) associate members appointed by the Selectmen,
and shall be continued as presently provided and for the same
terms.
9220. Powers. The Board of
Appeals shall have and exercise all the powers granted to it by Chapters 40A,
40B, and 41 of the General Laws and by this Bylaw. The Board's powers are
as follows:
9221.
To hear and decide applications for special permits. Unless otherwise
specified herein, the Board of Appeals shall serve as the special
permit granting authority, to act in all matters in accordance with the
provisions of Section 9300, or as otherwise specified.
9222.
To hear and decide appeals or petitions for variances from the terms of
this Bylaw, with respect to particular land or structures, as
set forth in G.L. c. 40A, s. 10, where owing to circumstances relating to the
soil conditions, shape or topography of such land or structures
and especially affecting such land or structures but not affecting
generally the zoning district in which it is located, a literal enforcement of
the provisions of the Bylaw would involve substantial hardship, financial
or otherwise, to the petitioner or appellant, and that desirable relief
may be granted without substantial detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of such
Bylaw. The Board of Appeals shall not grant use variances.
9223.
To hear and decide appeals taken by any person aggrieved by reason of
his inability to obtain a permit or enforcement action from any
administrative officer under the provisions of G.L. c. 40A, ss. 8 and 15.
9224.
To hear and decide comprehensive permits for construction of low or
moderate income housing by a public agency or limited dividend or nonprofit
corporation, as set forth in G.L. c. 40B, ss. 20-23.
9230. Conditions. The Board
of Appeals may impose conditions, safeguards and limitations both of time and
of use, including the continued existence of any particular
structures but excluding any condition, safeguards or limitation based upon
the continued ownership of the land or structures to which the variance
pertains by the applicant, petitioner or any owner.
9240. Variance;
Lapse. As
provided in G.L. c. 40A, s. 10, if the rights authorized by a variance are not
exercised within one (1) year of the date of the grant of such
variance, such rights shall lapse, except that the Board of Appeals, in its discretion
and upon written application by the grantee of such rights, may extend the time
for the exercise of such rights for a period not to exceed six (6)
months, and provided further that the application for extension is filed with
the Board of Appeals prior to the expiration of the one year
period. If the Board of Appeals does not grant an extension within thirty
(30) days of the date of application, upon the expiration of the original one
year period, the rights granted by the variance may be reestablished
by the Board of Appeals only after application for a new hearing and a decision
based upon the specific findings required for the issuance of a
variance as stated herein.
9250. Regulations. The Board of
Appeals may adopt rules and regulations for the administration of its powers.
9260. Fees. The Board of
Appeals may adopt reasonable administrative fees and technical review fees for
petitions for variances, administrative appeals, and applications for
comprehensive permits.
9300. SPECIAL
PERMITS
9310. Special
Permit Granting Authority. In each instance,
the Special Permit Granting Authority shall be the Board of Selectmen,
the Planning Board, or the Board of Appeals, as specified herein.
9320. Criteria. Special
permits shall be granted by the Special Permit Granting Authority, unless
otherwise specified herein, only upon its written determination
that the proposed use or structure will not cause substantial detriment to the
town or the neighborhood, in view of the particular characteristics of
the site and its surroundings. In addition to any specific factors
that may be set forth in this Bylaw, the determination shall include
consideration of each of the following:
9321.
Social, economic, or community needs which are served by the proposal;
9322.
Traffic flow and safety, including parking and loading;
9323.
Adequacy of utilities and other public services;
9324.
Neighborhood character and social structures;
9325.
Impacts on the natural environment; and
9326.
Potential fiscal impact, including impact on town services, tax base,
employment, and property values.
9330. Procedures.
Applications for special permits shall be filed in accordance with the rules
and regulations of the Special Permit Granting Authority.
9340. Conditions. Special permits
may be granted with such reasonable conditions, safeguards, or limitations on
time or use, including performance guarantees, as the Special Permit
Granting Authority may deem necessary to serve the purposes of this
Bylaw.
9350. Plans. Unless otherwise
provided in the rules and regulations of the Special Permit Granting Authority,
an applicant for a special permit shall submit a plan in substantial
conformance with the requirements of Section 9452, herein.
9360. Regulations;
Fees. The
special permit granting authority may adopt rules and regulations for the
administration of this section, including reasonable administrative fees
and technical review fees for applications for special permits.
9370. Lapse. Special permits
shall lapse if a substantial use thereof or construction thereunder has not
begun, except for good cause, within 24 months following the filing of the
special permit approval (plus such time required to pursue or await
the determination of an appeal referred to in G.L. c. 40A, s. 17, from the
grant thereof) with the Town Clerk.
9400. SITE
PLAN REVIEW
9410. Applicability. The
following types of activities and uses require site plan review by the Planning
Board:
9411.
Except for single and two-family dwellings or their accessory uses,
minor site plan approval shall be required for the construction,
exterior alteration, conversion, expansion or change in use of a structure that
will have not more than three thousand (3,000) square feet of gross area,
including all usable space, and for additions which will extend a
structure to not more than three thousand (3,000) square feet of gross area.
9412.
Except for single and two-family dwellings or their accessory uses,
major site plan approval shall be required for the
construction, exterior alteration, conversion, expansion or change in use of a
structure that will have more than three thousand (3,000) square
feet of gross area, including all usable space, and for additions which will
extend a structure to more than three thousand (3,000) square feet of gross
area and for any building construction proposing to incorporate a
drive-through or drive-up window.
9413.
Construction or expansion of six or more parking spaces for a use other
than single or two-family residential structures shall require major site plan
review.
9414.
The removal of more than ten percent (10%) of the vegetation on a lot
shall require major site plan review. The following activities are exempt:
landscaping on a lot with an existing structure or for which a building permit
has been issued; clearing necessary for percolation and other site tests; work
incidental to agricultural activity; work in conjunction with an
approved subdivision plan; or work pursuant to an earth removal permit.
9420. Procedures. Applicants for
site plan approval shall submit sixteen (16) copies of the site plan to the
Planning Board for review, and within three (3) days thereafter shall also
submit a copy of the site plan to the Board of Health, Conservation
Commission, Building Commissioner, Board of Fire Engineers, Police Chief,
Highway Surveyor, Town Engineer, Water Department, and Sewer
Department for their advisory review and comments.
9421.
Minor Site Plans. The Planning Board shall review and act upon
the site plan, with such conditions as may be deemed appropriate, within
sixty (60) days of its receipt, and notify the applicant of its decision. The
decision of the Planning Board shall be upon a majority of those
present and shall be in writing. No building permit or certificate of
occupancy shall be issued by the Building Commissioner without the written
approval of the site plan by the Planning Board, or unless 60 days
lapse from the date of the submittal of the site plan without action
by the Planning Board.
9422.
Major Site Plans. An application for major site plan approval
shall be governed by the procedures set forth for special permits in G.L.
c. 40A, ss. 9 and 11. A public hearing shall be required. The decision of the
Planning Board shall be upon a majority of those present and shall be in
writing. No building permit or certificate of occupancy shall be issued by
the Building Commissioner without the written approval of the site plan by the Planning
Board, or unless 90 days lapse from the termination of the public hearing
without action by the Planning Board.
9430. Coordination
with Other Permits.
9431.
Application for Building Permit. An application for a building
permit to perform work as set forth herein available as of right shall be accompanied
by an approved site plan.
9432.
Application for Special Permit or Variance. An application for a
special permit or a variance to perform work as set forth herein
shall be accompanied by an approved site plan; in the alternative, any special
permit or variance granted for work set forth herein shall
contain the following condition:
The work described herein requires the
approval of a site plan by the Planning Board pursuant to Section 9400 of the
Zoning Bylaw. Any conditions imposed in such site plan approval shall also be
conditions of this special permit/variance.
9433.
Where the Planning Board serves as the special permit granting authority
for proposed work, it shall consolidate its site plan review and
special permit procedures.
9434.
The applicant may request, and the Planning Board may grant by majority
vote, an extension of the time limits set forth herein.
9435.
No deviation from an approved site plan shall be permitted without
modification thereof.
9440. Pre-application
Sketch Applicants are
invited to submit a pre-application sketch of the proposed project to the Planning
Board and to schedule a comment period at a regular meeting of the Planning
Board.
9450. Submittal
Requirements
9451.
Minor Site Plans. Minor site plans may be required to contain
all of the information required by this section; provided, however, that
the Planning Board shall normally relax such requirements. The exact submittal
requirements of a minor site plan shall be agreed upon in a
pre-application scoping session between the applicant and the Planning
Board at a regularly scheduled meeting of the Board.
9452.
Major Site Plans. Major site plans shall be submitted on 24‑inch
by 36‑inch sheets. Plans shall be prepared by a
Registered Professional Engineer, Registered Land Surveyor, Architect, or
Landscape Architect, as appropriate. Dimensions and scales shall be
adequate to determine that all requirements are met and to make a complete
analysis and evaluation of the proposal. All plans shall have a minimum scale
of 1"=40'. The Planning Board may, upon written request of the
applicant, waive any of the technical requirements of this section where
the project involves relatively simple development plans. Otherwise, the
contents of the major site plan are as follows:
a. Five
(5) separate plans prepared at a scale of one (1) inch equals twenty (20) feet
or such other scale as may be approved by the Planning Board.
The plans are as follows:
1.
Site layout, which shall contain the boundaries of the lot(s) in the
proposed development, proposed structures, drives, parking, fences, walls,
walks, outdoor lighting, loading facilities, and areas for snow storage after
plowing. The first sheet in this plan shall be a locus plan, at a scale of one
(1) inch equals one hundred (100) feet, showing the entire project and its
relation to existing areas, buildings and roads for a distance of one thousand
(1,000) feet from the project boundaries or such other distance as may be
approved or required by the planning board.
2.
Topography and drainage plan, which shall contain the existing and
proposed final topography at two‑foot intervals and plans for handling
stormwater drainage.
3.
Utility and landscaping plan, which shall include all facilities for
refuse and sewerage disposal or storage of all wastes, the location of all
hydrants, fire alarm and firefighting facilities on and adjacent to the
site, all proposed recreational facilities and open space areas, and all
wetlands including floodplain areas.
4.
A conceptual building plan, which shall include site sections, the
ground floor plan and architectural elevations of all proposed buildings and a
color rendering.
5.
Landscaping plan, showing the limits of work, existing tree lines, and
all proposed landscape features and improvements including screening, planting
areas with size and type of stock for each shrub or tree, and including
proposed erosion control measures.
b. The
site plan shall be accompanied by a written statement indicating the estimated
time required to complete the proposed project and any and all phases thereof.
c. A
written summary of the contemplated projects shall be submitted with the site
plan indicating, where appropriate, the number of dwelling units to be
built and the acreage in residential use, the evidence of
compliance with parking and off‑street loading requirements, the forms of
ownership contemplated for the property and a summary of the
provisions of any ownership or maintenance thereof, identification of
all land that will become common or public land, and any other evidence necessary
to indicate compliance with this ordinance.
d. The
site plan shall be accompanied by drainage calculations by a registered
professional engineer. Storm drainage design must conform to Town
of Pepperell subdivision regulations.
e. Certification
that the proposal is in compliance with the provisions, if applicable, of the
Americans with Disabilities Act and the Massachusetts Architectural Barriers
Board.
9460. Approval. Site Plan
approval shall be granted upon determination by the Planning Board that the
plan meets the following objectives. The Planning Board may impose
reasonable conditions at the expense of the applicant, including performance
guarantees, to promote these objectives. New building construction or other
site alteration shall be designed in the site plan, after considering the
qualities of the specific location, the proposed land use, the design of building
form, grading, egress points, and other aspects of the development, so as to:
9461.
Minimize the volume of cut and fill, the number of removed trees 6"
caliper or larger, the length of removed stone walls, the area of wetland
vegetation displaced, the extent of stormwater flow increase from the site,
soil erosion, and threat of air and water pollution;
9462.
Maximize pedestrian and vehicular safety on the site, egressing from it,
and in the immediate vicinity;
9463.
Minimize obstruction of scenic views from publicly accessible locations;
9464.
Minimize visual intrusion by controlling the visibility of parking,
storage, or other outdoor service areas viewed from public ways or
premises residentially used or zoned;
9465.
Minimize glare from headlights and lighting intrusion;
9466.
Minimize unreasonable departure from the character, materials, and scale
of buildings in the vicinity, as viewed from public ways and places;
9467.
Minimize contamination of groundwater from on-site waste-water disposal
systems or operations on the premises involving the use, storage,
handling, or containment of hazardous substances;
9468.
Provide adequate access to each structure for fire and service equipment
and adequate provision for utilities and stormwater drainage
consistent with the functional requirements of the Planning Board’s Subdivision
Rules and Regulations; and
9469.
Ensure compliance with the provisions of this Zoning Bylaw, particularly
including parking, signage, landscaping, and environmental
protection.
9470. Lapse
and Appeal. Site plan approval
shall lapse after one year from the grant thereof if a substantial use thereof
has not sooner commenced except for good cause. Such approval may, for good
cause, be extended in writing by the Planning Board upon the written request
of the applicant. Any decision rendered by the Planning Board pursuant to this
Section 9400 shall be appealed to a court of competent jurisdiction as set
forth in G.L. c. 40A, s. 17.
9480. Regulations;
Fees. The
Planning Board may adopt and from time to time amend reasonable regulations,
including reasonable administrative fees and technical review fees, for
the administration of site plan review.
9500. ASSOCIATE
MEMBER OF PLANNING BOARD
9510. General. Under the
provisions of G.L. c. 40A, s. 9, the Planning Board and Board of Selectmen
shall annually appoint, at a joint meeting of these Boards by
majority vote of the members present at this meeting, one associate member of
the Planning Board for the purpose of acting upon special permit
applications in the case of absence, inability to act or conflict of
interest on the part of any member of the Planning Board or in the event of a
vacancy on the Board. This appointment shall be made within 30
days of the first regular meeting of the Planning Board in May, except that the
first appointment to this position may be made 30 days after passage
of this amendment, and in the case of resignation, an associate
member may be appointed 30 days after the Town Clerk's receipt of the letter of
resignation. The Chairman shall designate the associate member to sit
on the Board to act upon specific special permit applications when one
or more of the above-listed purposes limits the Board's ability to act as the
special permit granting authority. The associate shall sit as a
member of the Board at the public hearing, including any continuances on the
application, in order to participate in all discussions of the
application during the decision making process, and to be recorded on all votes
on the special permit application.
SECTION 10000. DEFINITIONS
In this Bylaw,
the following terms and constructions shall apply unless a contrary meaning is
required by the context or is specifically prescribed in the text of the Bylaw.
Words used in the present tense include the future. The singular includes the
plural and the plural includes the singular. The word "shall" is
mandatory and "may" is permissive or discretionary. The word
"and" includes "or" unless the contrary is evident from the
text. The word "includes" or "including" shall not limit a
term to specified examples, but is intended to extend its meaning to all other
instances, circumstances, or items of like character or kind. The word
"lot" includes "plot"; the word "used" or
"occupied" shall be considered as though followed by the words
"or intended, arranged, or designed to be used or occupied". The
words "building," "structure," "lot," or
"parcel," shall be construed as being followed by the words "or
any portion thereof." The word "person" includes a firm,
association, organization, partnership, company, or corporation, as well as an
individual. Terms and words not defined herein but defined in the Commonwealth
of Massachusetts state building code shall have the meaning given therein
unless a contrary intention is clearly evident in this Bylaw.
ACCESSORY BUILDING:
A subordinate building located on the same lot as the main, or principal
building or principal use, the use of which is customarily incidental to that
of the principal building or use of the land.
ACCESSORY
USE: A use customarily incidental to that of the main or principal building or
use of the land.
ADULT DAY
CARE FACILITY: A social day care or adult day health facility as those terms
are defined by the Commonwealth's Department of Elder Affairs.
AGRICULTURAL
USE, NONEXEMPT: Agricultural use of property not exempted by G.L. c. 40A, s.
3.
ALTERATIONS:
As applied to a building or structure, a change or rearrangement in the
structural parts or in the exit facilities, or an enlargement whether by
extending on a side or by increasing in height, or the moving from one (1)
location or position to another.
ANIMAL CLINIC
OR HOSPITAL: A place where animals or pets are given medical or surgical
treatment and the boarding of animals is limited to short term care incidental
to the clinic or hospital use.
APPLICANT:
An owner or his agent or representative or his assigns.
ASSISTED
LIVING FACILITY: Residences that provide rooms, meals, personal care, and
supervision of self administered medication. They may provide other services
such as recreational activities, financial services and transportation.
BARN: A
structure used or designed for storing farm products and equipment, and/or
sheltering livestock.[21]
BED AND
BREAKFAST ESTABLISHMENT: Accommodations with not more than five bedrooms occupied
by bed and breakfast guests, in which the owner of the establishment also
resides. Bed and breakfasts are intended for guests on intermittent visits,
and shall not be used as long-term rental units or apartments; any meals served
shall be for guests only. All parking for residents and guests shall be
off-street. A bed and breakfast may be allowed as a home occupation by special
permit under Section 3320 of the zoning Bylaw.[22]
BOARDING
HOUSE: A dwelling or part thereof in which lodging is provided by the owner or
operator to more than four (4) boarders. Where four (4) or more unrelated
individuals rent a dwelling, it shall be considered a boarding house.
BUILDING:
Any structure having a roof supported by columns or walls and intended for
shelter, housing or enclosure of any person, process, equipment or goods.
BUILDING
HEIGHT: The vertical distance as measured from the average finished grade at
the intersection with the front wall of the building to the top of the roof
structure. The maximum building height for any building shall be thirty-five
(35) feet, except in the Urban Residence or Commercial Districts, as provided
in section 4300 of this Bylaw.[23]
BUILDING
COMMISSIONER: A duly appointed official of the Town of Pepperell charged with
the enforcement of the Building Code, with the administration, interpretation
and enforcement of the Zoning Chapter and with monitoring for compliance with
the conditions of all special permits, variances and building permits.
BUILDING
PERMIT: A document issued by the Building Commissioner, which authorizes the
erection, moving, adding on or altering structurally of a building or
structure.
BUILDING,
PRINCIPAL: A building in which is conducted the principal use of the lot.
BUSINESS OR
PROFESSIONAL OFFICE: A building or part thereof, for the transaction of
business or the provision of services exclusive of the receipt, sale, storage,
or processing of merchandise.
CERTIFICATE
OF OCCUPANCY: A document issued by the Building Commissioner authorizing the
use hereafter created of a building, structure or lot in conformity with this
chapter. A temporary "certificate of occupancy" may be issued with
conditions to protect the health and safety of the occupants and the public
while work is being undertaken to bring a use into such conformity, which
temporary certificate shall be effective for a period not to exceed six (6)
months.
CHILD CARE
FACILITY: A day care center or school age child care program, as those terms
are defined in G.L. c. 28A, s. 9.
CLUB or
LODGE: A building or land used for the activities of a private club or social
organization and not an adjunct to or operated as or in connection with a
public tavern, cafe or other place open to the public.
COMMERCIAL
DUMPING GROUND: A disposal site for garbage, rubbish, the deposit of
demolition materials or other refuse or as a site for a refuse disposal
incinerator. Nothing in this Zoning Bylaw shall be construed to prohibit the
Town of Pepperell from continuing the operation of its existing dumping ground
or from operating a sanitary landfill as may be necessary to protect the public
health, comfort and convenience of the Town of Pepperell.
COMMERCIAL
RECREATION, INDOOR: A structure for recreational, social or amusement
purposes, which may include as an accessory use the consumption of food and
drink, including all connected rooms or space with a common means of egress and
entrance. Places of assembly shall include theatres, concert halls, dance
halls, skating rinks, bowling alleys, health clubs, dance studios, or other
commercial recreational centers conducted for or not for profit.
COMMERCIAL
RECREATION, OUTDOOR: Drive-in theatre, golf course/driving range, bathing
beach, sports club, ho
