Ashland City Zoning Code
SECTION 8
0 OVERLAY AND SPECIAL DISTRICT REGULATIONS 1
8.1
FLOODPLAIN OVERLAY DISTRICT (FPOD)
[Amended 5-5-2010 ATM, Art. 19; 5-7-2014 ATM, Art. 22; 5-7-2025 ATM by Art. 18]
8.1.1
The purpose of the Floodplain Overlay District (FPOD) is to:
1.
Ensure public safety through reducing the threats to life and personal injury
2.
Eliminate new hazards to emergency response officials
3.
Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding
4.
Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding
5.
Eliminate costs associated with the response and cleanup of flooding conditions
6.
Reduce damage to public and private property resulting from flooding waters
8.1.2
Definitions.
National Flood Insurance Program (NFIP) definitions are found in Title 44 of the Code of Federal Regulations, section 59.1. The definitions below refer to their source; if the definition is from the MA building code, it is from the 9th Edition, which meets the minimum standards of the NFIP.
A.
DEVELOPMENT means any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. [US Code of Federal Regulations, Title 44, Part 59].
B.
FLOOD BOUNDARY AND FLOODWAY MAP means an official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.)
C.
FLOOD HAZARD BOUNDARY MAP (FHBM.) An official map of a community issued by the Federal Insurance Administrator, where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E. [US Code of Federal Regulations, Title 44, Part 59]
D.
FLOODWAY. The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Base Code, Chapter 2, Section 202]
E.
FUNCTIONALLY DEPENDENT USE means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. [US Code of Federal Regulations, Title 44, Part 59] Also [Referenced Standard ASCE 24-14]
F.
HIGHEST ADJACENT GRADE means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [US Code of Federal Regulations, Title 44, Part 59]
G.
HISTORIC STRUCTURE means any structure that is:
1.
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2.
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3.
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
4.
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
H.
NEW CONSTRUCTION. Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement. [Referenced Standard ASCE 24-14]
I.
J.
REGULATORY FLOODWAY - see FLOODWAY.
K.
SPECIAL FLOOD HAZARD AREA. The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE, or V1-30. [Base Code, Chapter 2, Section 202]
L.
START OF CONSTRUCTION. The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202]
M.
STRUCTURE means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [US Code of Federal Regulations, Title 44, Part 59]
N.
SUBSTANTIAL REPAIR OF A FOUNDATION. When work to repair or replace a foundation result in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. [As amended by MA in 9th Edition BC]
O.
VARIANCE means a grant of relief by a community from the terms of a flood plain management regulation. [US Code of Federal Regulations, Title 44, Part 59]
P.
VIOLATION means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3 is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]
Q.
Definitions of Flood Zones
These terms are defined in the US Code of Federal Regulations, Title 44, Part 64.3.
1.
ZONE A means an area of special flood hazard without water surface elevations determined
2.
ZONE AE means area of special flood hazard with water surface elevations determined
3.
ZONE AH means areas of special flood hazards having shallow water depths and/or unpredictable flow paths between (1) and (3) feet, and with water surface elevations determined
4.
ZONE AO means area of special flood hazards having shallow water depths and/or unpredictable flow paths between (1) and (3) ft. (Velocity flow may be evident; such flooding is characterized by ponding or sheet flow.)
5.
ZONE A99 means area of special flood hazard where enough progress has been made on a protective system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. (Flood elevations may not be determined.) ZONES B, C, AND X means areas of minimal or moderate flood hazards or areas of future-conditions flood hazard. (Zone X replaces Zones B and C on new and revised maps.)
8.1.3
District Delineation.
The FPOD is herein established as an overlay district to all other districts. The FPOD includes all special flood hazard areas within Ashland designated as Zone A, AE, AH, AO, or A99 on the Middlesex Flood Insurance Rate Map (FIRM) dated July 8, 2025 issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program.
The exact boundaries of the FPOD shall be defined by the 1%-chance base flood elevations shown on the FIRM and further defined by the Middlesex Flood Insurance Study (FIS) report dated July 8, 2025. The FIRM and FIS report are incorporated herein by reference and are on file with the Department of Community Development and Health, Ashland Town Hall, 101 Main Street, Ashland, MA.
1.
Floodway encroachment
In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
In Zones A and AE, along watercourses that have a regulatory floodway designated on Ashland's Flood Boundary & Floodway Map encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
2.
Base flood elevation data for subdivision proposals
All subdivision proposals or other developments greater than 50 lots or 5 acres shall comply with [44CFR 60.3(b)(3)]
If a subdivision fitting this size description is proposed in the FPOD where there are not already base flood elevations (BFEs) for each parcel, then the developer must provide BFEs for each parcel so that flood-resistant standards can be appropriately applied. The developer is responsible for providing the necessary technical data to support the base flood elevations shown on his/her design drawings.
3.
Watercourse alterations or relocations in riverine areas
If alterations or relocation are proposed in riverine areas, the building commissioner in collaboration with the Department of Community Development and the Board of Health shall notify the following of any alteration or relocation of a watercourse:
8.1.4
Use Regulations.
All development in the FPOD, including structural and nonstructural activities, whether permitted as a right or by special permit, must be in compliance with the Wetlands Protection Act (M.G.L. c. 131, s. 40), Wetlands Protection Bylaw (Ashland Town Code Chapter 280) and with the requirements of the Massachusetts State Building Code pertaining to construction in the floodplains.
The following uses, which have low flood damage potential, and cause no obstructions to flood flows shall be permitted, provided that they do not require structures, fill, or storage of materials or equipment:
1.
Agricultural uses, such as farming, grazing, truck farming, horticulture, and the like.
2.
Forestry and nursery use.
3.
Outdoor recreational uses, including fishing, boating, play areas, and the like.
4.
Conservation of water, plants and wildlife.
5.
Wildlife management areas and foot, bicycle and/or horse paths.
6.
Temporary nonresidential structures used in connection with fishing, growing, harvesting, storage or sale of crops raised on the premises.
7.
Buildings lawfully existing prior to the adoption of these provisions.
8.1.5
Special Permit.
No structure or building shall be erected, constructed, substantially improved, reconstructed or otherwise created or moved and no earth or other materials dumped, filled, excavated or transferred unless a special permit is granted by the Planning Board. Said Board may issue a special permit hereunder (subject to other provisions of this chapter) if the application is compliant with the following provisions:
1.
The proposed use shall comply in all respects with the provisions of the underlying district in which the land is located.
2.
Within ten (10) days of the receipt of the application, the Board shall transmit one (1) copy of the development plan to the Conservation Commission, Board of Health and Building Inspector. Final action shall not be taken until reports have been received from the above Boards or until thirty-five (35) days have elapsed.
3.
All encroachments, including fill, new construction and substantial improvements to existing structures, and other development are prohibited in the floodway unless certification by a registered professional engineer is provided by the applicant demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the one-hundred-year flood.
4.
The Board may specify such additional requirement and conditions as it finds necessary to protect the health, safety and welfare of the public and the occupants of the proposed use.
8.1.6
Permits are Required for all Proposed Development in the FPOD
The Town Ashland requires a permit for all proposed construction or other development in the FPOD, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties. A Special Permit granted by the Planning Board according to Section 8.1.5 above shall satisfy the requirement of this Section 8.1.6. All other proposed development described herein require a "FPOD Work Permit" which shall be issued by the Building Commissioner who shall create a form application and process for said FPOD Work Permit.
8.1.8
Assure that all necessary permits are obtained
The Town's permit review process includes the requirement that the proponent obtain all local, state and federal permits that will be necessary to carry out the proposed development in the FPOD. The proponent must acquire all necessary permits, and must demonstrate that all necessary permits have been acquired prior to beginning any site preparation or construction.
8.1.9
Unnumbered A Zones
In A Zones, in the absence of FEMA BFE data and floodway data, the building department will obtain, review and reasonably utilize base flood elevation and floodway data available from a Federal, State, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A and as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.
8.1.10
Recreational vehicles
In A and AE Zones, all recreational vehicles or camper to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.
8.1.11
Requirement to submit new technical data
If the Town/City acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town/City will, within 6 months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.) Notification shall be submitted to:
8.1.12
Variances
1.
Building code floodplain standards
The Town of Ashland will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance and will maintain this record in the community's files.
Ashland shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that:
a.
The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and
b.
Such construction below the base flood level increases risks to life and property.
Such notification shall be maintained with the record of all variance actions for the referenced development in the FPOD.
2.
Local Zoning Bylaws related to community compliance with the National Flood Insurance Program (NFIP)
A variance administered by the Board of Appeal, Section 9.2 of the from this Section 8.1 must meet the requirements set out by State law, and may only be granted if:
a.
Good and sufficient cause and exceptional non-financial hardship exist;
b.
The variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and
c.
The variance is the minimum action necessary to afford relief. The burden of proof is on the applicant to prove that the above three requirements are met when applying for a variance.
8.1.13
Abrogation and greater restriction section
The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.
8.1.14
Disclaimer of liability
The degree of flood protection required by Section 8.1 is considered reasonable but does not imply total flood protection.
8.1.15
Severability section
If any paragraph, subsection, provision or portion of this Section 8.1 is deemed to be unconstitutional or invalid by a court, the remainder of the ordinance shall be effective.
8.1.16
Designation of Community Flooding Administrator
1.
The Town of Ashland hereby designates the position of Building Commissioner to be the official Floodplain Administrator for the Town.
3.
A violation will be defined as each violation of this Section 8.1 per day.
4.
Violations and fines can be appealed to the Clerk Magistrate, Framingham District Court, Framingham, MA.
8.2
GROUNDWATER PROTECTION OVERLAY DISTRICT (GPOD)
8.2.1
Purpose. The purpose of the Groundwater Protection Overlay District bylaw is to:
1.
Promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses of the Town of Ashland;
2.
Preserve and protect existing and potential sources of drinking water supplies;
3.
Protect, preserve and maintain the existing and potential groundwater recharge areas within the Town of Ashland;
4.
Conserve the natural resources of the Town of Ashland;
5.
Reduce erosion of topsoil and the subsequent sedimentation of surface water bodies; and,
6.
Prevent temporary and permanent contamination of the environment.
8.2.2
Overlay District. The Groundwater Protection Overlay District is an overlay district superimposed on the zoning districts. This overlay district shall apply to all new construction, reconstruction, or expansion of existing buildings and new or expanded uses. Applicable activities or uses in a portion of one of the underlying zoning districts which fall within the Groundwater Protection Overlay District must additionally comply with the requirements of this district. Uses that are prohibited in the underlying zoning districts shall not be permitted in the Groundwater Protection Overlay District.
8.2.3
Definitions. Appropriate definitions of terms used in this section are found in Section 10.
8.2.4
Establishment and Delineation. For the purposes of this district, there are hereby established within the Town certain groundwater protection areas, consisting of aquifers or recharge areas which are delineated on the current Zoning Map and identified as "Ground Water Protection Overlay District" on file in the office of the Town Clerk.
[Amended 5-2-2018 ATM, Art. 22]
8.2.5
District Boundary Disputes. If the location of the district boundary in relation to a particular parcel is in doubt, resolution of boundary disputes shall be through a special permit application to the special permit granting authority (SPGA). Any application for a special permit for this purpose shall be accompanied by adequate documentation. The burden of proof shall be upon the owner(s) of the land in question to show where the bounds should properly be located. However, the Planning Board retains its authority to determine property location with regard to said Groundwater Protection Overlay District. At the request of the owner(s), the Town may engage a professional engineer (civil or sanitary), hydrologist, geologist, or soil scientist to determine more accurately the boundaries of the district with respect to individual parcels of land, and may charge the owner(s) for all or part of the cost of the investigation.
8.2.6
Permitted Uses. Whenever the requirements of this section differ from those prescribed in other laws or codes, the stricter requirements designated to protect water supplies will take precedence. In the Groundwater Protection Overlay District the following regulations shall apply:
1.
Conservation of soil, water, plants, and wildlife;
2.
Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted;
3.
Foot, bicycle and/or horse paths, and bridges;
4.
Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices;
6.
Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, subject to Section 8.1.7 (prohibited uses) and Section 8.2.8 (special permitted uses) hereunder;
7.
Necessary public utilities and facilities designed so as to prevent contamination of surface water and groundwater;
9.
Construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels. Underground storage tanks related to these activities are not categorically permitted.
8.2.7
Prohibited Uses. The following uses are prohibited:
1.
The disposal of leachable wastes, except residential subsurface waste disposal systems and normal agricultural operations;
2.
Industrial and commercial uses which discharge process wastewater on-site;
3.
Use of chemicals for deicing unless deemed necessary for public safety;
4.
Storage of hazardous materials, as defined in G.L. Chapter 21E, unless in a free standing container within a building or above ground with secondary containment adequate to contain a spill the size of the container's total storage capacity;
7.
Stockpiling and disposal of snow and ice containing deicing chemicals if brought in from outside the district;
8.
Storage of deicing chemicals unless such storage, including the loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;
9.
Treatment works that are subject to 314 CMR 5.00 including privately owned sewage treatment facilities, except the following:
a.
The replacement or repair of an existing treatment works that will not result in a design capacity greater than the design capacity of the existing treatment works;
b.
The replacement of existing subsurface disposal system(s) with wastewater treatment works that will not result in a design capacity greater than the design capacity of the existing system(s);
c.
Treatment works approved by the Massachusetts Department of Environmental Protection designed for the treatment of contaminated groundwater;
d.
Sewage treatment facilities in those areas with existing water quality problems when it has been demonstrated to the Department of Environmental Protection's and the Special Permit Granting Authority's satisfaction both that these problems are attributable to current septic problems and that there will be a net improvement in water quality.
10.
11.
Storage of commercial fertilizers, as defined in G.L. Chapter 128, section 64, unless such storage is within a structure designated to prevent the generation and escape of contaminated runoff or leachate;
12.
Storage of animal manure unless covered or contained in accordance with the specifications of the U.S. Soil Conservation Service;
14.
Individual sewage disposal systems that are designed in accordance with 310 CMR 15.00 to receive more than 110 gallons of sewage per quarter acre under one ownership per day, or 440 gallons of sewage on any one acre under one ownership per day, whichever is greater, provided that:
a.
The replacement or repair of a system, which will not result in an increase in design capacity over the original design capacity of 310 CMR 15.00, whichever is greater, shall be exempted;
b.
In cluster subdivisions the total sewage flow allowed shall be calculated based on the number of percable lots in the entire parcel;
15.
Storage of liquid petroleum products, except the following:
a.
Normal household use, outdoor maintenance, and heating of a structure;
b.
Waste oil retention facilities required by statute, rule, or regulation;
c.
Emergency generators required by statute, rule, or regulation;
d.
Treatment works approved under 314 CMR 5.00 for treatment of ground or surface waters; provided that such storage, listed in (9) a. through d. above, is in freestanding containers within buildings or above ground with secondary containment adequate to contain a spill the size of the container's total storage capacity;
17.
Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material (including mining activities) to within six (6) feet of historical high groundwater as determined from monitoring wells and historical water table fluctuation data complied by the U.S. Geological Survey, except excavations for building foundations, roads or utility works;
18.
The use of septic system cleaners which contain toxic or hazardous chemicals.
8.2.8
Uses and Activities Requiring a Special Permit. The following uses and activities are permitted only upon the issuance of a special permit by the SPGA under such conditions as it may require:
1.
Enlargement or alteration of existing uses that do not conform to the Groundwater Protection District;
2.
The application of fertilizers for non-domestic or nonagricultural uses. Such applications shall be made in a manner so as to minimize adverse impacts on ground water due to nutrient transport, deposition, and sedimentation;
3.
Those activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use, permitted in the underlying zoning [except as prohibited above]. Such activities shall require a special permit to prevent contamination of groundwater;
4.
The construction of dams or other water control devices, ponds, pools or other changes in water bodies or courses, created for swimming, fishing, or other recreational uses, agricultural uses, or drainage improvements. Such activities shall not adversely affect water quality or quantity;
5.
Any use that will render impervious more than 15% or 2,500 square feet of any lot, whichever is greater. A system for groundwater recharge must be provided which does not degrade groundwater quality. For nonresidential uses, recharge shall be by stormwater infiltration basins or similar system covered with natural vegetation, and dry wells shall be used only where other methods are infeasible. For all nonresidential uses, all such basins and wells shall be preceded by oil, grease, and sediment traps to facilitate removal of contamination. Any and all recharge areas shall be permanently maintained in full working order by the owner.
8.2.9
Application Content. The applicant shall file five (5) copies of a site plan and attachments. The site plan shall be drawn at a proper scale as determined by the SPGA and be stamped by a professional engineer. All additional submittals shall be prepared by qualified professionals. The site plan and its attachments shall at a minimum include the following information where pertinent:
1.
A complete list of chemicals, pesticides, herbicides, fertilizers, fuels, and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use;
2.
For those activities using or storing such hazardous materials, a hazardous materials management plan shall be prepared and filed with the Hazardous Materials Coordinator, Fire Chief, and Board of Health. The plan shall include:
a.
Provisions to protect against the discharge of hazardous materials or wastes to the environment due to spillage, accidental damage, corrosion, leakage, or vandalism, including spill containment and cleanup procedures;
b.
Provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces;
3.
Proposed down-gradient location(s) for groundwater monitoring well(s), should the SPGA deem the activity a potential groundwater threat.
8.2.10
Procedure for Issuance of Special Permit. The Special Permit Granting Authority (SPGA) under this bylaw shall be the Planning Board.
1.
Such special permit shall be granted if the SPGA determines, in conjunction with the Board of Health, the Conservation Commission and Town Engineer/Department of Public Works that the intent of this bylaw, as well as its specific criteria, are met. The SPGA shall not grant a special permit under this section unless the petitioner's application materials include, in the SPGA's opinion, sufficiently detailed, definite, and credible information to support positive findings in relation to the standards given in this section. The SPGA shall document the basis for any departures from the recommendations of the other Ashland boards or agencies in its decision.
2.
The SPGA may adopt regulations to govern design features of projects. Such regulations shall be consistent with subdivision regulations adopted by the Town.
3.
Upon receipt of the special permit application, under MGL C 40A, section 9, the SPGA shall transmit one (1) copy to the Board of Health, the Conservation Commission and the Town Engineer/Department of Public Works for their written recommendations. Failure to respond in writing within twenty-one (21) days of receipt by the agency shall indicate approval or no desire to comment by said agency. The necessary number of copies of the application shall be furnished by the applicant.
4.
The SPGA shall hold a hearing, in conformity with the provision of G.L. c. 40A, Section 9, within 65 days after the filing of the application. Notice of the public hearing shall be given by publication and posting and by first-class mailings to "parties of interest" as defined in G.L. c. 40A, Section 11. The decision of the SPGA and any extension, modification, or renewal thereof shall be filed with the SPGA and Ashland Town Clerk within 90 days following the closing of the public hearing. Failure of the SPGA to act within 90 days shall be deemed as a granting of the permit. However, no work shall commence until a certification is recorded as required by said Section 11.
5.
Notwithstanding the foregoing, where a special permit is required hereunder in connection with the development of a Priority Development Site (PDS), an application therefor shall be submitted simultaneously with any other permit application(s) required by the Code of the Town of Ashland, including these Zoning By-laws, relating to the use or development of the PDS or the buildings and/or structures located thereon, and not otherwise exempted by G.L. c. 43D, and a decision thereon shall be rendered no later than one hundred eighty (180) days from said date of submittal. Review of an application made hereunder shall be combined with any other review(s) required of the Planning Board; where the Board of Appeals is responsible for said other review(s), all reviews shall occur at joint session(s) of the Planning Board and the Board of Appeals, when feasible.
[Added 5-5-2010 ATM, Art. 17[2]]
[2]
Editor's Note: This article also provided for the renumbering of former Subsection 8.2.10.5 as Subsection 8.2.10.6.
6.
The SPGA may grant the required special permit only upon finding that the proposed use meets the following standards, those specified herein, and any regulations or guidelines adopted by the SPGA. The proposed use must:
a.
Be in harmony with the purpose and intent of this section and will promote the purposes of the Groundwater Protection District;
b.
Be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.
c.
Not, during construction or thereafter, have an adverse environmental impact on any surface water, aquifer or recharge area;
d.
In no way, during construction or thereafter, adversely affect the existing or potential quality or quantity of water that is available in the Groundwater Protection District; and,
e.
Be consistent with the existing and probable future development of surrounding areas.
8.2.11
Permit Fee. A fee in the amount of twenty dollars ($20.) shall be collected by the Town Clerk at the time that an application for a Special Permit is submitted. In addition, the SPGA may impose a reasonable fee for the employment of outside consultants pursuant to the provisions of G.L. Chapter 44, Section 53G.
8.2.12
Permit Withdrawal. Any application for special permit may be withdrawn without prejudice by the applicant prior to the publication of the public hearing notice. Once the notice has been published, a withdrawal without prejudice may be permitted only with the approval of the SPGA.
8.2.13
Violations. Written notice of any violations of this Section shall be given by the Building Inspector/Zoning Enforcement Officer to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the Board of Health, Conservation Commission, and Town Engineer/Department of Public Works. The cost of containment, cleanup, or other action of compliance shall be borne by the owner and operator of the premises. For situations that require remedial action to prevent adverse impact to the water resources within the Groundwater Protection District, the Town of Ashland, the Building Inspector, the Board of Health or any of their agents may order the owner or the operator of the premises to remedy the violation. If said owner and/or operator does not comply with said order, the Town of Ashland, the Building Inspector, the Board of Health, or any of their agents, if authorized to enter upon such premises under the terms of the special permit or otherwise, may act to remedy the violation. The remediation cost shall be the responsibility of the owner and operator of the premises.
8.3
[3] Photovoltaic Installations Overlay District (PIOD).
[Added 11-19-2013 STM, Art. 18; amended 11-19-2013 STM, Art. 22]
8.3.1
Purpose. The purpose of the Photovoltaic Installations Overlay District (PIOD) is to promote the creation of new Large-scale Ground-mounted Solar Photovoltaic Installations in appropriate locations within the Town of Ashland and to provide standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources and provide adequate financial assurance for the eventual decommissioning of such installations.
8.3.2
Establishment and Applicability. The Photovoltaic Installations Overlay District (PIOD) is an overlay district superimposed over the underlying zoning district(s), as shown on the Zoning Map. The provisions of this Section 8.3 shall apply to the construction, operation and/or repair of Large-scale Ground-mounted Solar Photovoltaic Installations within the PIOD, and to physical modifications that materially alter the type, configuration or size of these installations or related equipment.
8.3.3
As-of-Right Siting. As-of-Right Siting of Large-scale Ground-mounted Solar Photovoltaic Installations is permitted in the Photovoltaic Installations Overlay District (PIOD), except as noted below, subject to Site Plan Review by the Planning Board prior to construction, installation or modification thereof and upon compliance with the procedural and substantive requirements of this Section 8.3.
[Amended 5-7-2014 ATM, Art. 26]
8.3.4
Special Permit Required. In addition to the requirements set forth in section 8.3.3 above, for portions of the overlay district that lie within any residential zone, Large-scale Ground-mounted Solar Photovoltaic Installations shall require a special permit from the Planning Board in accordance with the criteria set forth in section 9.3.2.
[Added 5-7-2014 ATM, Art. 26[4]]
8.3.5
General Requirements. The following requirements are common to all solar photovoltaic installations to be sited in designated locations.
8.3.5.1
Compliance with Laws, Bylaws and Regulations. The construction and operation of all Large-scale Ground-mounted Solar Photovoltaic Installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical and communications requirements. All buildings and fixtures forming part of a Large-Scale Ground-Mounted Solar Photovoltaic Installation shall be constructed in accordance with the State Building Code.
8.3.5.2
Building Permit and Building Inspection. No Large-scale, Ground-mounted Solar Photovoltaic Installation shall be constructed, installed or modified as provided in this Section 8.3 without first obtaining a building permit.
8.3.5.3
Fees. The application for a building permit for a Large-scale Ground-mounted Solar Photovoltaic Installation must be accompanied by the fee required for a building permit, in addition to any fees established by the Planning Board in connection with the required application for Site Plan Review.
8.3.6
Site Plan Review. Site Plan Review shall be conducted by the Planning Board in accordance with Section 9.4 of this Zoning Bylaw and as follows:
8.3.6.1
General. All plans and maps shall be prepared, stamped and signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts.
8.3.6.2
Required Documents. Not in lieu of but in addition to the requirements under Section 9.4 of this Zoning Bylaw, a project proponent shall provide the following documents to the Planning Board:
(a)
A site plan showing:
i.
Property lines and physical features, including roads, for the project site;
ii.
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;
iii.
Blueprints or drawings of the Large-scale Ground-mounted Solar Photovoltaic Installation signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system and any potential shading from nearby structures;
iv.
One or three line electrical diagram detailing the Large-scale Ground-mounted Solar Photovoltaic Installation, associated components and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;
v.
Documentation of the major system components to be used, including the PV panels, mounting system and inverter;
vi.
Name, address and contact information for the proposed system installer;
vii.
Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any;
viii.
The name, contact information and signature of any agent(s) representing the project proponent; and
(b)
Documentation of actual or prospective access and control of the project site, see Section 8.3.6.3, below;
(d)
Zoning district designation for the parcel(s) of land comprising the project site, via submission of a copy of the Town's Zoning Map with the parcel(s) identified thereon;
(e)
Proof of liability insurance; and
8.3.6.3
Site Control. The project proponent shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed Large-scale Ground-mounted Solar Photovoltaic Installation.
8.3.6.4
Operation and Maintenance Plan. The project proponent shall submit a plan for the operation and maintenance of the Large-scale Ground-mounted Solar Photovoltaic Installation, which shall include measures for maintaining safe access to the installation, stormwater controls and general procedures for operational maintenance of the installation.
8.3.6.5
Utility Notification. Evidence shall be provided by the project proponent that the utility company operating the electrical grid where the Large-scale Ground-mounted Solar Photovoltaic Installation is to be located has been informed of the installation owner or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from said requirement.
8.3.7
Dimensional and Density Requirements.
1.
Setbacks. For Large-scale Ground-mounted Solar Photovoltaic Installations, front, side and rear setbacks shall be as follows:
[Amended 5-7-2014 ATM, Art. 26]
a.
Front yard: the front yard depth shall be at least 10 feet; provided, however, that where the lot abuts or lies within a residential district, the front yard shall not be less than 50 feet.
b.
Side yard: each side yard shall have a depth at least 15 feet; provided, however, that where the lot abuts or lies within a residential district, the side yard shall not be less than 50 feet.
c.
Rear yard: the rear yard depth shall be at least 25 feet; provided, however, that where the lot abuts or lies within a residential district, the rear yard shall not be less than 50 feet.
2.
Appurtenant Structures. All appurtenant structures to Large-scale Ground-mounted Solar Photovoltaic Installations shall be subject to reasonable regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including but not limited to equipment shelters, storage facilities, transformers and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts.
8.3.8
Design Standards.
1.
Lighting. Lighting of Large-scale Ground-mounted Solar Photovoltaic Installations shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the Large-scale Ground-mounted Solar Photovoltaic Installation shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.
2.
Signage. Signs on Large-scale Ground-mounted Solar Photovoltaic Installations shall comply with Section 5.3 of this Zoning Bylaw. In accordance therewith, all signs shall be required to identify the owner and provide a 24-hour emergency contact phone number. Large-scale Ground-mounted Solar Photovoltaic Installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the installation.
3.
Utility Connections. Reasonable efforts, as determined by the Planning Board, shall be made to place all utility connections from the Large-scale Ground-mounted Solar Photovoltaic Installations underground, depending on appropriate soil conditions, shape and topography of the project site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above-ground if required by the utility provider.
8.3.9
Safety and Environmental Standards.
1.
Emergency Services. The Large-scale Ground-mounted Solar Photovoltaic Installation owner or operator shall provide a copy of the project summary, electrical schematic and site plan to the Fire Chief. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the Large-scale Ground-mounted Solar Photovoltaic Installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.
2.
Land Clearing. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the Large-scale Ground-mounted Solar Photovoltaic Installation or otherwise prescribed by applicable laws, bylaws and regulations.
3.
Landscape Architectural Plan. For any Large-scale Ground-mounted Solar Photovoltaic Installation that will be constructed in the Residence A, Residence B, or Residence Multifamily Zoning Districts, a stamped and signed landscape architectural plan indicating how the Installation will be sufficiently buffered from residential neighbors shall be produced. Such plan shall require a minimum of eight (8) foot tall vegetative screening from adjacent uses and shall include a maintenance plan lasting as long as the Photovoltaic Installation is in place, whether operating or not. Such plan shall be approved by the Planning Board prior to Installation construction.
[Added 5-7-2014 ATM, Art. 26]
8.3.10
Monitoring and Maintenance.
1.
Condition of the Installation. The Large-scale Ground-mounted Solar Photovoltaic Installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs and integration of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and Emergency Medical Services. The owner or operator shall be responsible for the cost of maintaining the Solar Photovoltaic Installation and any access road(s), unless accepted as a public way.
2.
Modifications. All material modifications to a Large-scale Ground-mounted Solar Photovoltaic Installation made following site plan approval by the Planning Board shall require an amendment thereto.
8.3.11
Abandonment or Decommissioning.
8.3.11.1
Removal Requirements. Any Large-scale Ground-mounted Solar Photovoltaic Installation which has reached the end of its useful life or has been abandoned consistent with Section 8.3.11.2, below, shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Planning Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
a.
Physical removal of all Large-scale Ground-mounted Solar Photovoltaic Installations, structures, equipment, security barriers and transmission lines from the site.
b.
Disposal of all solid and hazardous waste in accordance with local, state and federal waste disposal regulations.
c.
Stabilization or re-vegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
8.3.11.2
Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the Large-scale Ground-mounted Solar Photovoltaic Installation shall be considered abandoned when it falls to operate for more than one year without the written consent of the Planning Board. If the owner or operator of the Large-scale Ground-mounted Solar Photovoltaic Installation fails to remove the installation in accordance with the requirements of this Section 8.3.11 within 150 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation at the expense of the Proponent.
8.3.11.3
Financial Surety. Proponents of Large-scale Ground-mounted Solar Photovoltaic Installations shall provide a form of surety, either through an escrow account, bond or otherwise, to cover the cost of removal of the installation in the event that the Town must remove it and remediate the landscape. Said surety shall be in an amount and form determined to be reasonable by the Planning Board, but in no event shall exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein. Such surety will not be required for municipally- or state-owned installations. The project proponent shall submit a fully-inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.
[3]
Editor's Note: Former Section 8.3, Wireless Communications Facilities, was renumbered as Section 6.4 by Art. 22 from the 11-19-2013 STM.
8.4
RAIL TRANSIT DISTRICT (RTD)
8.4.1
Purpose. The Rail Transit District (the "District" or sometimes hereinafter referred to as a "RTD") use in Ashland, associated with the MBTA Rail Station and abutting open land, is established to provide a coordinated, high aesthetic standard for the development of high technology, research and development, incubator establishments, offices, all of a non-nuisance-type and have provision for retail and multi-unit housing and age restricted housing components (rental and owner occupied). In addition, the purpose of this District is to promote a neo-traditional transit-oriented private and public development initiative which departs from the standard low-density, auto-oriented suburban residential growth of the past. The distinctive principle for this development's initiative is envisioned to provide:
1.
features and site layouts that are conducive to walking, biking and transit riding;
2.
pedestrian friendliness, alternative suburban living/working environments;
3.
a better approach to revitalization and diversification of lands;
4.
capability for better public safety, economic growth and public amenities; and
5.
a lesser impact on the capability for providing associated Town services.
In addition, development shall strive to preserve the District's natural setting with its wetland, scenic and historic assets by properly relating improvements to the District's parcels and surrounding development. Development shall be compatible and complementary to the proposed coordinated roadway network serving such rail station and West Union Street. The District shall also encourage originality, flexibility and innovation in site design and development, specific to the intended use, including architecture and landscaping. |
8.4.2
Location. This District designation is to be applied to the land area parcels described on (Exhibit "A" - Use Plan) annexed hereto and also referenced on the Zoning Map as a "Rail Transit District." For the purposes of this Section, when a special permit is required, the special permit granting authority shall be the Planning Board.[5]
[5]
Editor's Note: Former Section 8.4.3, Definitions, as amended, which immediately followed this section, was deleted 11-19-2013 STM, Art. 22, and the contents moved to Section 10.0, Definitions. Article 22 also renumbered former Sections 8.4.4 through 8.4.16 as Sections 8.4.3 through 8.4.15, respectively.
8.4.3
Area Requirements. The minimum land required for Rail Transit District (RTD) shall be one hundred fifty (150) acres and shall be contiguous to a commuter rail passenger station. For the purpose of this requirement, official streets shall not be deemed to divide acreage.
8.4.4
Permitted Uses. Within a Rail Transit District (RTD), the following listed development component-types of light industry, commercial and residential uses shall be allowed as designated. The location of each development component-type shall be depicted on the Use Plan on file with the Town Clerk for the Rail Transit District, which Use Plan provides for six (6) areas of development (hereinafter, such areas are referred to as "Area A"; "Area B"; "Area C"; "Area D"; "Area E"; and "Area F," which designations correspond to the development areas noted on the aforementioned Use Plan). The permitted uses and the Area on the Use Plan where such uses shall be permitted are as follows:
[Amended 5-5-2010 ATM, Art. 15; 5-5-2010 ATM, 23; 11-19-2013 STM, Art. 18]
1.
In addition to those uses listed, any other use compatible with the above uses which meet the standards and criteria set forth in this Section is allowed. Application for determination for an approved use shall include a site development plan with a detailed description of the use, approximate number of employees and residents, and the estimated volume of traffic to be generated, particularly trucks, as well as the criteria set forth in Section 9.4.
Rail Transit Use Table | |||||||
|---|---|---|---|---|---|---|---|
Permitted Light Industry Component Use: | Area Per Use Plan: | ||||||
Use: | A | B | C | D | E | F | |
(a) Research offices and laboratories, including testing, provided such testing complies with the performance standards set forth in this section. This shall include theoretical and applied research in all the sciences, product development and testing, engineering development, and marketing development. Uses shall include: biochemical, chemical, electronics, film and photography, medical and dental, metallurgy, pharmaceutical and X-ray | N | N | Y | Y | Y | N | |
(b) Services associated with permitted light industrial use. | N | N | Y | Y | Y | N | |
(c) Manufacture, research, assembly, testing and repair of components' devices, equipment and systems and parts and components including electronic components, communication equipment, guidance and control equipment, data processing equipment, computer hardware and/or software and measuring instruments. | N | N | Y | Y | Y | N | |
(d) Light manufacturing, processing and/or assembly of the following or similar products: food products, medical equipment, apparel, wood working shops, furniture, fabricated metal products, and stone, clay and glass products, optical devices, photographic and graphic equipment, and filing and labeling machinery | N | N | Y | Y | Y | N | |
(e) Parking in compliance with § 5.1 to service a use permitted in this component. | N | N | Y | Y | Y | N | |
(f) Accessory scientific use in compliance with § 3.2.4 | N | N | Y | Y | Y | N | |
(g) Uses and structures (including without limitation, a sewerage treatment facility) customarily accessory and incidental to the primary uses. | Y(2) | Y(2) | Y | Y | Y | Y(2) | |
h. Alternative energy and renewable energy manufacturing facilities | N | Y | N | Y | Y | N | |
i. Alternative energy and renewable energy research and development facilities | N | Y | N | Y | Y | N | |
Permitted Commercial Component Uses | A | B | C | D | E | F | |
(a) Business or professional offices which are limited to offices for accountants, attorneys, engineers, architects, medical and dental offices, and general and corporate offices | N | N | Y | Y | Y | N | |
(b) Service industries, such as the repair of appliances, tooling, printing, blue printing, bookbinding, and food services | N | N | Y | Y | Y | N | |
(c) Wholesale industries, such as distribution and/or storage or warehousing of products similar to those listed in this subsection. | N | N | Y | Y | Y | N | |
(d) Retail sales and services, except motor vehicle sales, service stations and motor vehicle body repair/restoration/paint facilities | N | N | Y | Y | Y | N | |
(e) Restaurant | N | N | Y | Y | Y | N | |
(f) Catering Service. | N | N | Y | Y | Y | N | |
(g) Indoor commercial recreation. | N | N | Y | Y | Y | N | |
(h) Financial institutions without drive-up window. | N | N | Y | Y | Y | N | |
(i) Municipal use not elsewhere more specifically cited. | Y | Y | Y | Y | Y | Y | |
(j) Parking in compliance with § 5.1 to service a use permitted in this component (provided, however, that the Planning Board by Special Permit may permit modifications of the parking requirements on a case by case basis). | Y | Y | Y | Y | Y | N | |
(k) Accessory scientific use in compliance with § 3.2.4. | N | N | Y | Y | Y | N | |
(l) Outdoor commercial recreation other than campgrounds. | N | N | Y | Y | Y | N | |
(m) Theaters and cinemas | N | N | Y | Y | Y | N | |
(n) Day Care Facilities | Y | N | Y | Y | Y | N | |
(o) Accessory uses shall be allowed as follows: | |||||||
(i) Uses and structures (including, without limitation, a sewerage treatment facility) customarily accessory and incidental to the primary use. | Y(2) | Y(2) | Y | Y | Y | Y(2) | |
(ii) Food preparation and eating facilities | N | N | Y | Y | Y | N | |
(iii) Day care facilities | Y | N | Y | Y | Y | N | |
(iv) Recreational facilities | Y | Y | Y | Y | Y | N | |
Permitted Residential component uses: | A | B | C | D | E | F | |
(a) Age Restricted, Attached | Y | N | Y | Y | Y | N | |
(b) Age Restricted, Multifamily | Y | N | Y | Y | Y | N | |
(c) Age Restricted, Detached | Y | N | Y | Y | Y | N | |
(d) Dwelling Multifamily, For Rent | N | N | N | N | Y | N | |
(e) Continuing Care Residential Community (CCRC) or components thereof in conformance with § 7.4 | N | N | Y | Y | Y | N | |
(f) Rest Home and/or Nursing Homes | N | N | Y | Y | Y | N | |
(g) Municipal recreational use. | N | N | Y | Y | Y | N | |
(h) Public Housing for the elderly. | N | N | Y | Y | Y | N | |
(i) Uses and structures (including, without limitation, a sewerage treatment facility) customarily accessory and incidental to the primary use. | Y(2) | Y(2) | Y | Y | Y | Y(2) | |
Permitted Residential Component Uses | A | B | C | D | E | F | |
(a) Public Parks | N | Y | Y | Y | Y | N | |
(b) Community Centers and public recreation buildings. | N | Y | Y | Y | Y | N | |
(c) Recreation centers and facilities. | Y 1 | Y | Y | Y | Y | N | |
(d) Education uses on land not owned by the Commonwealth of Massachusetts or any of its agencies, subsidiaries or bodies politic, by a religious sect or denomination, or by a nonprofit educational group | N | Y | Y | Y | Y | N | |
(e) Golf courses and related facilities. | Y | Y | Y | Y | Y | Y | |
(f) Tennis clubs, swimming pools, health clubs and similar facilities, including membership clubs, public or private | Y(1) | Y | Y | Y | Y1 | N | |
(g) Places and buildings for public assembly. | Y(1) | Y | Y | Y | Y(1) | N | |
(h) Uses and structures (including, without limitation, a sewerage treatment facility) customarily accessory and incidental to the primary use. | Y(2) | Y(2) | Y | Y | Y | Y(2) | |
(1) only as accessory to the principal use | |||||||
(2) no sewage treatment structures may be located in such area, but such area may be used for transmittal purposes (i.e., underground piping and leaching) | |||||||
8.4.5
Prohibited Uses. Specific prohibited uses in the Rail Transit District (RTD) shall be:
1.
Truck or trailer sales, with the exception of storing or garaging company motor vehicles.
2.
Drive-in theaters or race tracks.
3.
Mobile homes.
4.
Junkyards or wrecking yards.
5.
Refining or storage of petroleum.
6.
Stockyards, animal slaughterhouses, or rendering plants.
7.
Metal smelting.
8.
New or used car sales.
9.
Earth recycling facilities, including the processing of contaminated soils, unless required by law, and the processing of earth materials to produce asphalt or cement products.
10.
The processing of soils or minerals, including, but not limited to, mining, importing and stockpiling of such materials.
11.
Single Family Dwelling, Attached (Non Age Restricted, Attached).
12.
Single Family Dwelling, Detached (Non Age Restricted, Detached).
13.
No use shall be permitted that causes or results in dissemination of dust, smoke, gas or fumes, odor, noise, vibration or excessive light under standards set forth in the performance criteria in this chapter; or inhibits the comfort, peace, enjoyment, health or safety of the community or the abutting areas or tends to their disturbance or annoyance under standards set forth in the performance criteria in this chapter.
8.4.6
Dimensional Requirements. Notwithstanding any provision to the contrary contained in the Zoning By-Law and except as otherwise specified in Section 8.4.14, below, the following dimensional requirements shall be the sole dimensional restrictions governing a Rail Transit District (RTD):
1.
Lot Frontage. Minimum development parcel frontage shall be one hundred and fifty (150) feet.
2.
Lot Area. Individual development component parcels within the Rail Transit District (RTD) shall require a minimum area of 30,000 square feet, except such area which is calculated to meet the requirements of Section 8.4.6.6, below, site area requirements for Transit Village Community (hereinafter referred to as, a "TVC").
3.
Under Sized Lot Areas. Lots may be established with less than 30,000 square feet in area under Special Permit conditions of this chapter if determined by the Planning Board that such lot meets all other dimensional regulations of this Section.
4.
Building Area. Age Restricted, Attached; Age Restricted. Detached and Age Restricted Multifamily, Dwelling and Dwelling Multifamily, For Rent Unit Requirements in a Rail Transit District (RTD). Determined based upon the total cumulative land area of the applicable Areas (A, C, D or E) as specified in the formula set forth herein, at a density of: (i) 10 units per acre for Age Restricted, Attached; Age Restricted, Detached; and Age Restricted, Multifamily; and (ii) twenty (20) units per acre for Dwelling Multifamily, For Rent (permitted in Area E only). Written computation of the foregoing density shall be provided at the time of the filing of a Site Plan Application with the Planning Board.
5.
Building Separation. There shall be a minimum of twenty (20) foot separation between abutting buildings (side to side) in a Rail Transit District (RTD).
6.
Area Requirements. Minimum area requirements shall be determined by computation to include total number and distribution of proposed residential dwelling units and wetland use restrictions. The following formula shall determine the number of residential dwelling units permitted per acre in a Rail Transit District:
Allowed Units Per Acre (as provided by this By-Law) x Usable Acres (as defined below) = Number of Permitted Residential Dwelling Units | |
Usable Acres = Total Acres shall mean: (i) for the Transit Village Community (TVC) the aggregate area in Area A, Area E and Area F combined; and (ii) the aggregate area in Area B, Area C and Area D combined, as the case may be. | |
[- 10% exclusion for Open Space] | |
[- the lesser of (i) 20% exclusion for Impervious Surfaces; or (ii) actual Impervious Surfaces)] | |
[- Wetlands (90% of Wetlands as determined by Conservation Commission or other applicable authority unless such Wetlands are situated in the perimeter of the Rail Transit District area or included as part of design elements in any golf course in which event the area of such qualifying Wetlands shall not be deducted or wetland areas which are part of EPA Operable Unit I and Operable Unit III).] |
7.
Front Yard. The minimum front yard within any development component parcel shall be twenty-five (25) feet with parking restricted to no closer than ten (10) feet from rights-of-ways, except in a Transit Village Community (TVC) where parking shall be permitted to directly abut rights-of-ways.
8.
Side Yard. The minimum side yard within any development component parcel shall be twenty-five (25) feet. Notwithstanding anything to the contrary contained herein, in no event shall Dwelling Multifamily, For Rent; Age Restricted Multifamily, Age Restricted, Attached; or Age Restricted, Detached with a height in excess of two (2) stories above grade (3 stories at the rear of the building if the slope of the land permits) be located within 200 feet of the property line of the residential properties which abut Area F and which are outside the Rail Transit District (RTD).
9.
Rear Yard. The minimum rear yard within any development component parcel shall be thirty (30) feet. Notwithstanding anything to the contrary contained herein in no event shall Dwelling, Multifamily, For Rent; Age Restricted, Multifamily; Age Restricted, Detached, or Age Restricted, Attached with a height in excess of two (2) stories above grade (3 stories at the rear of the building if the slope of the land permits) be located within 200 feet of the property line of the residential properties which abut Area F and which are outside the Rail Transit District (RTD).
10.
Lot Coverage. The maximum development coverage in a Rail Transit District (RTD) shall not result in aggregate Open Space being less than 30%. Such lot coverage restriction may be waived if appropriate and in keeping with reasonable land uses as determined by the Planning Board when considering Site Plan Review Criteria.
11.
Building/Structure Height. Except as otherwise specifically provided herein, the maximum height of any Dwelling Multifamily, For Rent structure) in a Rail Transit District (RTD) shall be three (3) stories above grade (four stories at the rear of the building if the slope of the land permits) and the maximum height of any Age Restricted, Attached, Age Restricted, Detached, and Age Restricted, Multifamily building and any accessory structure related to such age restricted dwelling building shall not exceed two (2) stories above grade (three stories at the rear of the building if the slope of the land permits). The maximum height of any commercial building permitted in a Rail Transit District (RTD) shall be thirty (30) feet. The maximum height may be increased to fifty (50) feet within the Rail Transit District (RTD) upon the grant of a Special Permit and in accordance with the State Building Code.
8.4.7
Buffering and Screening. In order to obstruct the view of adjacent land use parcels outside of the Rail Transit District (RTD), within a distance of fifty (50) feet, minimum, of side and rear yard boundaries, in place landscape greenery or other screening method(s) existing at the time of development shall remain undisturbed or shall be landscaped in accordance with a plan approved by the Planning Board. In the event that a golf course is developed in Area A, Area F and Area E, the open space of the golf course may serve a buffer space for purposes of this By-Law. Area F (100 feet in width) depicts a minimum buffer for abutting residential properties which are not part of a Rail Transit District (RTD). This buffer (Area F) shall be left in an open and natural state except for landscaping approved as part of the Site Plan for such development in Area A or any golf course open space constructed thereon. If such buffering/screening is deemed insufficient, it may be supplemented as determined by the Planning Board during the Site Plan Review process. Remaining non-buffeted/screened yard areas shall remain unoccupied, except to support parking, internal drives, accessory structure building needs and emergency vehicle access, as deemed by the Planning Board during the Site Plan Review process.
8.4.8
Parking and Loading Requirements. Except in a TVC which shall be governed by Section 8.4.14.12.a, below, parking and loading requirements shall be in conformance with Sections 5.1 and 5.2.
8.4.9
Performance Standards. The performance standards set forth in Sections 8.4.10 to 8.4.12 are designed to encourage a high standard of development by providing assurance that uses within the Rail Transit District (RTD) shall be compatible with neighboring land uses in the vicinity, as deemed by the Planning Board.
8.4.10
Nuisance Standards.
1.
Vibration shall not be discernible to any human's sense of feeling for three (3) minutes in any one (1) hour or producing an acceleration of more than one tenth (0.1) G.
2.
Heat, glare or electrical disturbance shall not be discernible beyond the boundaries of the lot.
3.
Smoke shall not be visible beyond a shade darker than No. 1 on the Ringelmann Smoke Chart.
4.
Air pollution shall not be detectable for any emission of solid or liquid particles in concentrations exceeding three tenths (0.3) grains per cubic foot of the conveying gas or air at any point.
5.
Emissions shall not endanger human health, nor cause damage to animals, vegetation or property, or cause spillage at any point beyond the boundaries of the lot.
6.
Odor shall not be detectable by the human senses without the aid of instruments beyond the boundaries of the lot.
8.4.11
Open Space. Open Space for the aggregate area of the Rail Transit District shall equal not less than thirty percent (30%) of the total area of the Rail Transit District (RTD) and not less than ten percent (10%) in Area A and Area F, combined; Area C; Area D; and Area E.
8.4.12
Miscellaneous Standards.
1.
The landscape shall be preserved in its natural state insofar as practicable by minimizing tree and soil removal.
2.
Proposed buildings shall be related harmoniously to the terrain and to other buildings in the vicinity.
3.
The distance between buildings shall be sufficient to provide adequate light and air in conformance with the State Building Code.
4.
Special attention shall be given to location and number of access points to the streets, general interior circulation, separation of pedestrian and vehicular traffic, and arrangement of parking areas that are safe and convenient and do not detract from the design of the proposed building or neighboring properties.
5.
Landscaping shall be in conformance to the Landscaping and screening requirements of Section 5.4.
8.4.13
Requirements of a Site Development Plan. The submission of a parcel Site Development Plan (refer to § 10.0, Definitions) shall meet all criteria set forth in this Section as well as Section 9.4.
8.4.14
Transit Village Community (TVC). A Transit Village Community (TVC) may be located in Area A and Area E and shall consist of for profit, luxury (market driven) apartment-type residences ("Dwelling, Multifamily, For Rent") and age restricted residences (Age Restricted, Attached; Age Restricted, Detached; and Age Restricted Multifamily), supplemented by accessory service structures and amenities described herein, may be situated in and be a part of a Rail Transit District (RTD) to promote a convenient and consolidated residential community. The following general requirements shall apply to the TVC.
1.
Uses in a TVC shall be authorized upon Site Plan approval by the Planning Board as regulated by Section 9.4, except such approval shall be determined only after public hearing, with formal hearing notice to abutters and parties in interest, and that any proposal shall be further in compliance with the following provisions, as determined by the Planning Board.
2.
The proposed use shall be served by water and sewer services (municipal and/or private) unless the Planning Board, with advice from the Ashland Board of Health and/or the Department of Public Works, deems that alternative services shall meet the long term needs of such proposed use and the Town of Ashland.
3.
The site, when utilized for the purposes of this Section and combined with any other use or uses allowed in the Rail Transit District, is of sufficient size, shape, topography and location to be capable of accommodating such multiple uses.
4.
Building and Dwelling Unit Requirements in a TVC. The number of dwelling units permitted shall be determined in accordance with the formula set forth in Section 8.4.6.6, above, based upon the total cumulative land area of Area A, Area E and Area F at a density of: (i) 10 units per acre for Age Restricted, Attached; Age Restricted, Detached; and Age Restricted, Multifamily units; and; (ii) twenty (20) units per acre in Area E for Dwelling Multifamily, For Rent units (provided, notwithstanding anything to the contrary contained herein, such units in the Transit Village Community (TVC) shall be limited to no more than two Bedrooms as provided herein). Written computation of the foregoing density shall be provided at the time of the filing of a Site Plan Review Application with the Planning Board, based upon the following standards.
5.
Maximum height and separation.
a.
The maximum height of each residential development building shall be:
(i)
For Dwelling Multifamily, For Rent three stories above grade (four stories at the rear of the building if the slope of the land permits); and
(ii)
For Age Restricted, Attached; Age Restricted, Detached and Age Restricted, Multifamily and accessory buildings related thereto, two stories above grade (three stories at the rear of the building if the slope of the land permits); and
b.
There shall be a minimum of a twenty (20) foot separation between abutting (side to side) buildings [within a Transit Village Community (TVC)].
6.
The number of Bedrooms in each Dwelling, Multifamily, For Rent dwelling unit shall be limited to two (2). A one bedroom unit shall be permitted to have one Bedroom in addition to the kitchen living/dining room, study (as defined below) and bathrooms. A two bedroom unit shall be permitted to have two Bedrooms in addition to kitchen living/dining room, Study and bathrooms.
7.
Allowable Accessory Buildings, Structures and Preferred Amenities. Customary accessory structures shall be allowed, as determined by the Inspector of Buildings. Such accessory arrangements shall be depicted on the Site Plan if contemplated prior to Site Plan approval.
8.
Common Open Space. A clubhouse(s), swimming pool(s), tennis court(s), storage and maintenance structures and other accessory structures shall be allowed, as determined by the Inspector of Buildings after initial Site Plan approval, if in keeping with parcel development coverage. Such accessory arrangements shall be depicted on the Site Plan if contemplated prior to Site Plan approval.
9.
Preferred Amenities. Green space, the creation of outdoor areas which may include, but are not limited to, sitting areas with tables, gazebo(s), trellises, paved and level walking/biking paths, planters and individual/community garden space(s).
10.
Allowable accessory service structure-types in a TVC shall be:
appliance repair outlets | day-care centers | ice cream parlors | |
art galleries | delicatessens | instruction studios | |
bakery outlets | dry cleaner outlets | laundromats | |
bank ATM | florist outlets | snack bars | |
bookstore outlets | food vendors | specialty food shops | |
collectible shops | gift shops | tailor/cleaner outlets | |
or other use having externally observable attributes similar to the above shall be allowed, as determined by the Inspector of Buildings after initial Site Plan approval. | |||
11.
Building Design Criteria. All buildings and structures shall be designed, located and constructed to afford the following:
a.
compatibility of architectural styles, scales, building materials and colors within the development;
b.
variations of facade, roof lines and interior layouts of dwelling units;
c.
harmonious relationship of buildings and structures to each other with adequate light, air, circulation, privacy and separation; and,
d.
the capability for constant surveillance, orientation and recognition (to this end, and in lieu of providing conventional streetlighting, individual building front yards and other areas along roadways not fronting buildings and approaches to common-use buildings and structures, shall be provided with architecturally, compatible, street-level type lamp post lighting necessary to provide safety, security and visual indications, as determined by the Planning Board).
12.
Additional Physical Requirements. Paved sidewalks shall be located and constructed to the bounds of the development from interior roadways to provide pedestrian access to neighboring streets and abutting parcels, if practical, as determined by the Planning Board. Road signs shall be provided to indicate "Private Way," or other appropriate wording, to temper unnecessary intrusion of off-site traffic.
a.
1.8 parking spaces per each dwelling unit meeting the dimensional requirements of a Parking Space defined in Section 5.1.
[Amended 5-5-2010 ATM, Art. 15]
13.
Special Requirements. All improvements to the development parcel, including rights-of-ways and dwelling unit/common areas and utility services, except as agreed to by the Town of Ashland when considering access for municipal emergency response vehicles, shall be considered private and developer owned. During construction and after completion of the development, the developer/owner shall be responsible for the maintenance of all dwelling units and other structures/appurtenances, rights-of-way, drives, walkways, parking area(s) and all snow plowing, landscaping, maintenance, trash removal and maintenance/repair of other common elements and facilities serving the residents. The Town of Ashland shall not be responsible, therefore, unless so agreed.
8.4.15
Decision. The Planning Board may impose additional conditions not inconsistent with this and other Sections of the Zoning By-Laws and all appropriate State and Federal laws.
8.5
ASHLAND DOWNTOWN DISTRICT (ADD)
[Amended 5-4-2016 ATM, Art. 21; 5-4-2016 ATM, Art. 22; 5-4-2016 ATM, Art. 23; 11-28-2016 STM, Art. 12; 6-12-2021 ATM, Art. 10]
8.5.1
Purpose. The purpose of this district is to:
1.
Provide a framework to encourage the growth and development of a successful downtown that will promote village style redevelopment with a mix of commercial, retail, and residential uses in a walkable environment with a density that is consistent with the design principles herein, and that is functionally vibrant and active, and perceived to be an attractive destination visited by residents throughout Ashland and surrounding communities.
2.
Broaden the tax base, enhance long-term economic vitality, improve the quality of life of residents, and improve the business climate by encouraging investment that will create employment and economic opportunity, attract other private investment and improvements to property. To reduce automobile dependency and air pollution by locating multiple destinations in close proximity. To strengthen the sense of community in Ashland by building on Downtown Ashland's inherent assets, historic architecture, and cultural offerings to rekindle entrepreneurship, downtown cooperation and civic engagement.
8.5.2
Purpose of Sub-Areas. The Ashland Downtown District (ADD) is divided into the three sub-areas designed to allow a mixture of land uses where feasible and appropriate. In addition, the ADD will:
1.
Focus on site and building design required to promote attractive, functional development,
2.
Allow greater flexibility in the use of land and design of buildings, structures, landscape and amenities, include a mix of retail, office, institutional and residential including affordable housing, and
3.
The ADD is intended to foster a pedestrian friendly downtown with vibrant activities, shopping and an attractive place to live.
8.5.3
Map. This district is to be applied to the area referenced on the Zoning Map as Ashland Downtown District.
Sub-area A shall overlay all underlying districts so that any parcel of land lying in sub-area A shall also lie in the zoning district in which it was classified prior to May 10, 2006. Notwithstanding any regulations in this Section 8.5, all regulations of the underlying zoning districts shall continue to apply within the Downtown District, so that the uses permitted in this Section 8.5 shall be in addition to the uses permitted in the underlying district; provided however, that the following uses shall be prohibited: Earth, vegetative materials and stone removal; and outdoor storage of goods associated with a permitted use without screening as required by Section 5.4. Where screening is provided in sub-area A for the outdoor storage of goods associated with a permitted use the requirements of Section 5.4 shall be increased so that such goods shall be screened from adjacent uses by landscaped buffers which shall be at least 15 feet in depth and which shall contain opaque screening comprised of walls, fences, berms, shrubs or evergreen plantings, or any combination thereof to prevent adverse impacts on neighboring properties. Opaque screens shall be opaque in all seasons of the year. When berms are used to meet the requirements for a buffer strip they shall be planted with living vegetation. The minimum, top width of a berm shall be three (3) feet, and the maximum side slope shall be 3:1. No more than twenty-five per cent (25%) of the coverage of a planted berm shall be mulch or non-living material.
8.5.4
Sub-Areas. There are three sub-areas in the ADD designed to promote and strengthen residential, retail and commercial development in the downtown area and to encourage mixed use that also promotes pedestrian and neighborhood activities in the downtown. The boundaries of the sub-areas on designated on the Ashland Zoning Map dated May 10, 2006.
1.
Sub-area A is designed to promote the highest level of mixed use, encouraging retail on the first floor and commercial and/or residential on the upper floors.
2.
Sub-area B is designed to promote some mixed use where feasible especially commercial/retail on the first floor and residential on the upper floors.
3.
Sub-area C is designed to allow mixed uses where feasible but at a lower density than A and B.
8.5.5
Table of Uses. A use listed in the "Table of Uses" shown below is permitted in any sub-area of the ADD denoted by the letter "Y" and is not permitted in any sub-area of the ADD denoted by the letter "N." If denoted by the letters "SP" the use is permitted only if the Planning Board grants a special permit as provided herein and makes such specific findings as may be required by the Bylaw in respect of such use. Within the ADD, the following listed development types of uses and mixed uses shall be allowed as designated:
ASHLAND DOWNTOWN DISTRICT (ADD) | ADD-A | ADD-B | ADD-C |
|---|---|---|---|
Permitted Residential Uses | |||
Single family and two-family dwelling homes, other than mobile home | N | SP | Y |
Multifamily dwellings (3 or more dwellings) | Y | Y | SP |
Dwelling units and retail, office and/or other allowed business in separate buildings on the same lot | Y1 | Y | SP |
Mixed residential and commercial/business | Y | Y | Y |
Senior Residential Community pursuant to Sec 7.2 (no acreage requirement) | SP | SP | N |
Cluster development pursuant to Sec 7.3 | SP | N | N |
Accessory family dwelling unit in compliance with Article IV, Special Regulations Sec 7.6 | N | SP | SP |
Permitted Community Services | |||
Religious or educational purposes on land owned or leased by a public body, religious group or nonprofit educational corporation | Y | Y | Y |
Child daycare, adult care or assisted living facility | Y | Y | Y |
Municipal uses not elsewhere specifically cited | Y | Y | SP |
Post office | Y | Y | Y |
Community center and public recreation center | SP | SP | SP |
Nursing, convalescent, rest home, hospital | Y | Y | Y |
Mixed business and residential use in the same building | Y | Y | Y |
Mixed business and residential use in separate buildings on the same lot | Y | Y | Y |
Business offices such as sale agents, real estate | Y | Y | Y |
Bank or financial institutions without drive-up windows | Y | Y | Y |
Bank or financial institutions with drive-up windows | SP | SP | N |
Any use set forth above in a building with more than 20,000 sq. ft. of gross floor area | SP | N | N |
Outdoor storage of products for sale | SP2 | SP2 | SP2 |
Home occupation in compliance with sec 3.2.1 | Y | Y | Y |
Permitted Restaurant Uses | |||
Restaurant and/or bakery with no outside seating and no drive-up window | Y | Y | Y |
Restaurant and/or bakery, with outside seating and no drive-up window | Y | SP | SP |
Restaurant, fast-food, no drive-up | SP | SP | N |
Restaurant, fast-food with drive-up | SP | SP | N |
Cafeteria, lunch or soda counter, ice cream establishment or food service | Y | Y | SP |
Catering services | Y | SP | SP |
Permitted Retail Uses | |||
Retail sales and/or services in building less than or equal to 10,000 sq. ft. of gross floor area | Y | Y | SP |
Retail sales and/or services in building more than 10,000 sq. ft. of gross floor area | Y | SP | N |
Open air vending (e.g. push carts) | SP | SP | SP |
Bed-and-breakfast | SP | SP | SP |
Veterinary, animal hospital, kennel in compliance with Sec 3.2 lots greater than five acres | Y | Y | Y |
Agriculture, horticulture, viticulture or floriculture in compliance with Sec 3.2 | Y | Y | Y |
Permitted Recreational Uses | |||
Outdoor commercial recreation other than campgrounds | SP | SP | SP |
Theaters and cinemas | Y | Y | SP |
Indoor commercial recreation, including tennis club, health or fitness club, day spa | Y | Y | SP |
Indoor bowling alleys and skating rinks | SP | SP | SP |
Permitted Light Industrial Uses | |||
Printers and similar shops and trades | Y | Y | SP |
Light manufacturing, research, assembly, testing | Y | SP | SP |
Service industries, such as the repair of appliances | Y | Y | SP |
Prohibited Uses | |||
Motor vehicle service stations, vehicle body repair, restoration, paint shop | N | N | N |
Retail sales or rental of motor vehicles, trailers or motorized marine equipment | N | N | N |
Adult entertainment establishments | N | N | N |
Tattoo Parlors | N | N | N |
Storage trailers and outdoor storage of goods associated with a business, retail, commercial or industrial use | N | N | N |
Notes on Ashland Downtown District Table of Uses |
1.
Ground floors of buildings which front on streets shall be reserved for non - residential uses except as specified below
a.
Dwelling units shall be allowed on ground floors of buildings only where:
(i)
The building is set behind another building which has non-residential uses on the ground floor; or
(ii)
The residential portion of the first floor of a building is set behind street-front non-residential uses within the same building; or
(iii)
In other cases where the SPGA feels that street-front residential uses will not have an adverse impact on the continuity of the non-residential street front uses.
2.
Allowed as accessory use only.
8.5.6
Lot and Dimensional Standards.
1.
The dimensional requirements in a mixed-use building shall be governed by the ground-floor use of the building. In cases of a mixture of uses in one building or structure, the regulation for each use shall apply to the portion of the building, structure or land so used. 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 and/or a design which reflects the design characteristics depicted in the renderings below in the Table Of Dimensional Requirements In The Ashland Downtown District.
DIMENSIONAL STANDARDS (REQUIRED) | |||||||
|---|---|---|---|---|---|---|---|
Building Type | Frontage (Min.) | Lot Size | Front Yard (Min./Max) | Side Yard (Min.) | Rear Yard (Min.) | FAR (Max.) | Height (Max.) |
Sub-Area A | |||||||
Mixed-Use and Commercial | 100' | 35,000 SF | 8'/15' | 0' if common wall; 15' otherwise | 12' | 2.0 | 3 Stories (max 38 feet) |
Residential-only | 100' | 35,000 SF | 15'/15' | 0' if common wall; 15' otherwise | 12' | 2.0 | 3 Stories (max 38 feet) |
Sub-Area B | |||||||
Mixed-Use and Commercial | 75' | 20,000 SF | 8'/15' | 0' if common wall; 10' otherwise | 12' | 1.5 | 3 Stories (max 38 feet) |
Residential-only | 75' | 20,000 SF | 15'/15' | 0' if common wall; 10' otherwise | 12' | 1.5 | 3 Stories (max 38 feet) |
Sub-Area C | |||||||
Mixed-Use and Commercial | 50' | 8,000 SF | 8'/15' | 0' if common wall; 10' otherwise | 12' | 1.5 | 3 Stories (max 38 feet) |
Residential-only | 50' | 8,000 SF | 15'/15' | 0' if common wall; 10' otherwise | 12' | 1.5 | 3 Stories (max 38 feet) |
2.
Building Orientation. Buildings shall be placed on the site to define the edges of streets and public spaces, constructed to be parallel to the street or public space. Multiple buildings on single lots are permitted. Where multiple buildings exist, to the extent practicable they shall be arranged to form a grid-like pattern.
3.
Front Yards. The following standards shall apply to front yards.
a.
Within the front yard setback, the space shall be used for one or more combination of:
(i)
Outdoor seating associated with a ground-floor eating establishment.
(ii)
Publicly available open space, such as a plaza, or the like.
(iii)
Garden space or other highly landscaped area, which in the opinion of the Planning Board contributes to the neighborhood's vibrancy.
(iv)
Other uses, which in the opinion of the Planning Board contributes to the neighborhood's vibrancy.
b.
The Planning Board may allow for greater front yards, whereby in its judgement, doing so will contribute to an improved public realm.
c.
Parking is prohibited within the front yard setback.
4.
Rear Yards. Where a property abuts a residential district, the rear yard must be a minimum of 30 feet, which may be reduced to no less than a 12 foot rear yard through Special Permit by the Planning Board. Any reduction in the required rear yard setback will be at the discretion of the Planning Board, if in its opinion a reduced setback will not cause any adverse effects to the adjoining residential property.
5.
FAR (Floor Area Ratio). The total floor area of all principal buildings on a lot divided by the area of said lot.
6.
(Reserved)
7.
Height may be increased up to 48 feet through a Special Permit by the Planning Board and in accordance with Section 9.3 to allow for architectural features that add to the building design and which shall not increase additional living space. Examples of such features include a pinnacle, cupola, a clock tower, a terrace, observation area, and the like.
8.
Minimum lot size and minimum frontage requirements may be reduced upon issuance of a Special Permit by the Planning Board if, in its sole discretion, it finds that such a reduction will not negatively impact neighborhood character or have adverse impacts on abutting properties.
9.
Within the Ashland Downtown District the height of all buildings shall be measured from the grade plane of the fronting street vertically to the highest point of the structure. No building shall be greater than 38' feet in height other than allowed by the Special Permit in accordance with Section 8.5.6.7.
10.
A fourth (4) story may be added to a building through a Special Permit by the Planning Board in accordance with Section 9.3.
8.5.7
General Regulations. The Town of Ashland Design Review Guidelines (dated 2015 or the most recent edition), adopted by the Planning Board pursuant to the authority granted hereunder, available from the Town of Ashland Planning Department, shall guide the implementation of the standards of this section. All New signs will follow the sign requirements of the commercial "B: zones as noted in Sec 5.3." of this Zoning bylaw.
8.5.8
Performance Standards; Criteria. The ADD application and required plans shall meet the general performance criteria set forth in the regulations and design guidelines adopted pursuant to this Bylaw, including but not limited to Section 9.4 of this Zoning Bylaw. In addition, the Planning Board shall consider the criteria set forth in Section 8.5.14 and 9.3.2 of this Zoning Bylaw following general criteria, where relevant, before issuing a permit for development within the ADD.
1.
Suitability of the site for the proposed use(s);
2.
Impact on traffic and pedestrian flow and safety and access for emergency vehicles;
3.
Adequacy of pedestrian access to buildings and between public spaces;
4.
Impact on the visual character of the ADD and surrounding neighborhood;
5.
Adequacy of utilities, including sewage disposal, water supply and stormwater drainage.
8.5.9
Design Principles. The leading design principles are:
1.
To provide convenient and efficient pedestrian access within the ADD and to surrounding neighborhoods and facilities;
2.
To provide a safe and comfortable pedestrian environment with walkways, pedestrian conveniences and amenities; and
3.
To encourage buildings with a pedestrian oriented scale and design.
8.5.10
To encourage buildings that are compatible with the context and historic nature of downtown Ashland lot design standards. The following standards shall apply to all lots in the ADD:
1.
Sidewalks shall be required along the lots frontage on a street or streets and walkways between building entrances and the nearest street or streets with minimal interruption by driveways. Parking lot aisles, and access and interior driveways do not count as walkways;
2.
Driveway and walkway connections to abutting lots are required within the ADD wherever feasible and appropriate.
3.
An outdoor pedestrian area shall be provided on any lot where the floor area is 30,000 square feet or more. The pedestrian area shall be accented with pedestrian amenities such as benches and street furniture. Shade trees, ornamental trees and other landscaping shall be provided to create a separation between pedestrian and vehicular traffic, to highlight buildings and pedestrian spaces, to provide shelter from the sun, to minimize glare for drivers, to reduce noise, and to mitigate fumes.
4.
The project must be connected to adjacent residential neighborhoods via pedestrian ways.
5.
No driveway or parking lot shall be placed in the portion of a lot that is directly in front of a building as seen from a street, whether or not the building is located on the same lot as the driveway or parking lot, except that a driveway and parking lot may be placed in the front of a building that is located in the rear of another building when viewed from a street.
8.5.11
Building Design Standards.
1.
Buildings shall be of a design similar to the historic architecture in Downtown Ashland in terms of scale, massing, roof shape, spacing and exterior materials. The following diagrams are intended to provide inspiration and general examples of compatible buildings and are not intended to be exactly imitated.
Examples of general building and facade typologies compatible within context of downtown Ashland. Note that these diagrams are intended as only guides for development.  |
2.
The building front facades shall be articulated to achieve a human scale and interest. The use of different textures, shadow lines, detailing and contrasting shapes is required.
a.
Where buildings are greater than 60 feet in width along the public right-of-way, buildings shall have vertical modulation elements at minimum every 45 feet. These required vertical articulation elements include a combination of changes in the vertical plane of the building (minimum two foot and maximum 4 feet), vertical architectural details such as columns, pilasters, and the like, varied fenestration patterns, changes of material, and other elements, which, in the opinion of the Planning Board achieve the desired effect.
 |
b.
Building facades should be horizontally articulated with a clearly defined base, middle, and top as illustrated below. For buildings three (3) stories and taller, the following standards apply:
(i)
The bottom one to two (2) stories of a building should be visually integrated as an appropriately scaled expression of the building's base. The base should be visually differentiated from the stories above by a horizontal expression line or cornice and include a change in color, building material, or pattern of fenestration.
(ii)
The central portion of each facade should be visually integrated as an expression of the building's middle. The middle should be visually differentiated from the base and top by a horizontal expression line or cornice and include a change in color, building material, or pattern of fenestration.
(iii)
The top story of each facade should have a cornice, parapet, roof element, or change in massing as an expression of the building's top.
(iv)
Materials appearing heavier in weight should be used for the building's base, with materials appearing similar or lighter in weight used above.
3.
Facades shall have windows and doors with highly transparent, low reflectivity glass for a percentage of the total area of a ground-floor facade facing the public right-of-way. Facade glazing is measured between two (2) feet and twelve (12) feet of the ground floor above the applicable facade. For commercial uses, the required percentage is a minimum of 60% and for residential uses, the required percentage is 30%. Window casings shall be of style and scale appropriate to the historic nature of the downtown and be no less than 3 inches wide.
 |
4.
The following standards for roofs shall apply:
a.
Buildings shall have one the following roof styles: front gable, side gable, or hip roof.
b.
The minimum pitch requirement is a 7/12 ratio. The Planning Board may grant a Special Permit at its sole discretion and in accordance with Section 9.3 for a reduced pitch of an otherwise by-right roof style.
c.
The Planning Board may grant a Special Permit in accordance with Section 9.3 for Mansard, flat roofs, or other roof styles if the applicant can demonstrate that the proposed design will enhance the character of the neighborhood through inclusion of historically appropriate architectural details, such as cornices, moldings, and the like.
 |
5.
Buildings shall be designed to include massing components with the intent of adding visual interest and reducing the perceived visual bulk of buildings. Massing components include dormers, shed dormers, cross gables, bay windows, upper story step-backs, or the like.
Examples of building components to be incorporated into building designs. Note that window treatments, roof styles, and proportions can vary, depending on the context of the building's design.  |
8.5.12
Landscaping. See Section 5.4.
8.5.13
Parking and Loading. See Section 5.1 and 5.2. The schedule of parking requirements found in Section 5.1 shall apply. However in the ADD, the number of parking spaces required for each use shall be 75% of those stated in Section 5.1. Where there is a mixture of land uses on one lot, the number of parking spaces required shall be only 75% of those stipulated above, that is, where there is a mixture of uses the parking requirement will be 56.25% (75% times 75%).
1.
Shared Motor Vehicle Parking. Shared use of motor vehicle parking is strongly encouraged, however, parking spaces for one use shall not be considered as providing the required spaces for any other use, except when it can be clearly demonstrated that the need for parking occurs at different times. A shared parking agreement shall be submitted to the Planning Board as part of any permit request. Said shared parking agreement shall address issues such as the maintenance, stripping and snow plowing of the shared parking area.
2.
All parking areas, lots and/or facilities shall be connected to the parking areas, lots and/or facilities of all adjacent lots within the ADD, unless physical constraints, present site configuration, uncooperative abutters, or land vacancy precludes strict compliance.
8.5.14
Mandatory Findings. When a Special Permit is required, the Planning Board shall not issue a Special Permit unless without exception it shall find that the proposed use and development:
1.
Is in harmony with the purpose and intent of this Bylaw;
2.
Is appropriate for the site for which the petition is submitted and is related harmoniously to the terrain and to the use, scale and proportions of existing and proposed buildings in the immediate vicinity that have functional or visual relationship to the proposed use;
3.
Includes sufficient mitigating measures which shall be implemented as part of the special permit for any adverse effects noted in reports from town boards and agencies, reports from consultants, and public hearings;
4.
Will result in no significant effect on level of service for any service provided by the Town, including fire, police and ambulance. Proof of no significant effect is the lack of need for the Town to add equipment and/or staff specifically due to the development;
5.
Will provide adequate provision for pedestrian traffic; and
6.
Will comply with all requirements of all applicable requirements of this By-law.
8.5.15
If, in the judgement of the Town Planner, the design(s) proposed in an application reflect the design characteristics encouraged in Subsection 8.5.7, the following stipulations shall take effect:
1.
The Planning Board's maximum period of review and decision shall be ninety (90) days from the opening of a special permit public hearing and ninety (90) days from the opening of a meeting commencing a site plan review process, unless the review period is extended by mutual agreement of the Planning Board and applicant;
2.
Planning Board special permit and site plan review processes shall be conducted concurrently;
3.
A maximum of $4,000.00 in up-front application fees shall be charged. This shall not include peer review fees.
8.6
WILDWOOD MIXED USE SPECIAL DISTRICT
8.6.1
Purpose. The Wildwood Mixed Use Special District in Ashland is established to:
1.
Allow for a high aesthetic design standard for development that encourages interaction among activities located within this district, to enhance business vitality, and encourage residential uses in conjunction with commercial activities in a park like setting in order to create an active street life, and reduce vehicular traffic;
2.
Encourage a blend of land uses that are compatible and create a livable community that includes multi-unit housing, senior housing, continuing care facilities, retail, offices, light industrial, commercial, and municipal uses;
3.
Promote opportunities for a mixture of uses within buildings in this district;
4.
Encourage a more pedestrian-friendly environment;
5.
Promote the development of flexible space for small and emerging businesses within the buildings in this district;
6.
Preserve the district's unique natural setting with its wetland, scenic, and historic assets by encouraging the development of open spaces and civic areas to accommodate workers, residents, student populace, pedestrians, shoppers, and others;
7.
Advocate the originality, flexibility, and innovation in site design and development within the district;
8.
Facilitate the integration of physical design and promote a high level of aesthetic design quality for architecture and landscaping within this district; and,
9.
Ensure that the appearance and effects of buildings and uses are harmonious with the character of the area in which they are located.
8.6.2
Location. This district is to be applied to the area referenced on the Zoning Map as the Wildwood Mixed Use Special District.
8.6.3
Area Requirements. The minimum land required for the Wildwood Mixed Use Special District shall be 50 acres.
8.6.4
Table of Uses. Within the Wildwood Mixed Use Special District (WMUSD), the following listed development types of light industrial, commercial, residential, municipal/recreational and miscellaneous uses shall be allowed as designated.
[Amended 11-28-2018 STM by Art. 8]
Y = Permitted | |
SP = Conditionally Permitted with Special Permit | |
N = Not Permitted |
The location of each development component type shall be depicted on the Use Plan on file with the Town Clerk for the Wildwood Mixed Use Special District, which use plan provides for three (3) areas of development (hereinafter, such areas are referred to as "Area A," "Area B," "Area C" and "Area D" which designations correspond to the development areas noted on the aforementioned Use Plan). The Permitted Uses and the Area on the Use Plan where such uses shall be permitted are as follows: |
WILDWOOD USE TABLE | |||||
|---|---|---|---|---|---|
Per Use Plan | |||||
Land Use Area Uses | A | B | C | D | E |
(1) Light Industrial Uses | |||||
Research offices and laboratories, including testing, provided such testing complies with the performance standards set forth in this section. This section shall include chemical, electronics, photography & film, medical & dental, metallurgy, pharmaceutical & X-ray; limited to 10,000 sq. ft. | Y | Y | N | Y | Y |
Research offices and laboratories, including testing, provided such testing complies with the performance standards set forth in this section. This section shall include chemical, electronics, photography & film, medical & dental, metallurgy, pharmaceutical & X-ray; greater than 10,000 sq. ft. | SP | Y | N | Y | Y |
Services associated with permitted light industrial uses. | N | Y | N | Y | Y |
Light manufacturing research; assembly, testing and repair of components, including electronic components; communication equipment; guidance & control equipment; data processing equipment; computer hardware and/or software; and measuring instruments | SP | Y | N | Y | Y |
Light manufacturing, processing and/or assembly of the following or similar products: food products; medical equipment; apparel; woodworking shops; furniture; fabricated metal products; stone, clay and glass products; optical devices; photographic equipment; and, filing and labeling machinery. | SP | Y | N | Y | Y |
Parking in compliance with the Zoning By-Law to service a use permitted herein, except that the Planning Board by Special Permit may permit modifications of the parking requirements on a case by case basis. | Y | Y | Y | Y | Y |
Accessory scientific use | N | N | N | N | N |
Sewerage treatment facility | SP | SP | SP | SP | SP |
Uses and structures customarily accessory and incidental to primary use. | Y | Y | Y | Y | Y |
(2) Commercial Uses | |||||
Business or professional offices which are limited to offices for accountants, attorneys, engineers, architects, medical and dental offices, and general and corporate offices; limited to 3,000 sq. ft. | Y | Y | N | N | Y |
Business or professional offices which are limited to offices for accountants, attorneys, engineers, architects, medical and dental offices and general and corporate offices; over 3,000 sq. ft. | SP | Y | N | Y | Y |
Service industries such as repair of appliances, tooling, printing, blueprinting and bookbinding. | SP | N | N | Y | Y |
Food preparation and eating facilities; limited to 3,000 sq. ft. | Y | Y | N | Y | Y |
Food preparation and eating facilities; over 3,000 sq. ft. | SP | Y | N | Y | Y |
Personal service establishments, such as hair care, laundry, photography studio; limited to 3,000 sq. ft. | Y | Y | N | Y | Y |
Parking in compliance with the Zoning By-law to service a use permitted herein, except the Planning Board by Special Permit may permit modifications of the parking requirements on a case by case basis. | Y | Y | Y | Y | Y |
Short term automobile rental. | SP | Y | N | Y | Y |
Retail sales, services and boutiques; limited to 3,000 sq. ft. | SP | SP | N | Y | Y |
Retail sales, services and boutiques; over to 3,000 sq. ft. | SP | SP | N | Y | Y |
Retail home furnishings, home improvement and miscellaneous material and equipment stores which operate totally within principal structures and require no outside storage or display of products or materials; limited to 3,000 sq. ft. | Y | Y | N | Y | Y |
Restaurant; limited to 3,000 sq. ft. | Y | Y | N | Y | Y |
Restaurant; over 3,000 sq. ft. | SP | Y | N | Y | Y |
Restaurant, fast food | N | N | N | N | N |
Catering service; limited to 3,000 sq.ft. | Y | Y | N | Y | Y |
Catering service; over 3,000 sq.ft. | SP | Y | N | Y | Y |
Hotel, motel | SP | SP | N | SP | SP |
Indoor commercial recreation facility | SP | Y | N | Y | Y |
Financial institutions without drive-up window. | Y | Y | N | Y | Y |
Financial institutions with drive-up window | N | SP | N | SP | N |
Business schools | N | N | N | N | N |
Cinema, theater, auditorium | N | Y | N | Y | Y |
Continuing care residential community or components thereof | Y | Y | N | Y | Y |
Rest home or nursing home | Y | Y | N | Y | Y |
Accessory scientific use | N | N | N | N | N |
Other drive-up services associated with any commercial or industrial use. | N | N | N | SP | N |
Health club or clinic. | SP | SP | Y | Y | SP |
Outdoor commercial recreation other than campgrounds | N | SP | N | SP | SP |
Uses and structures customarily accessory and incidental to the primary use. | Y | Y | Y | Y | Y |
Sewerage treatment facility | SP | SP | SP | SP | SP |
Day care facilities limited to 3,000 sq. ft. | Y | Y | Y | Y | Y |
Day care facilities over 3,000 sq. ft. | Y | Y | Y | Y | Y |
(3) Residential Uses | |||||
Age restricted attached (as defined in § 8.4.3). | Y | Y | N | SP | SP |
(3) Residential Uses | |||||
Age restricted mixed use building — defined as including one, a portion of a building containing more than one (1) dwelling unit used for occupancy by individuals living independently of each other containing at least one (1) dwelling unit owned or occupied by at least one (1) person who is fifty-five (55) years of age, or older; and no more than one (1) additional occupant who may be under fifty-five (55) years of age, unless otherwise qualifying as a handicapped adult; two, a portion of the building for occupancy of commercial uses | Y | Y | N | SP | SP |
Age restricted, multifamily (as defined in § 8.4.3). | Y | N | N | SP | SP |
Dwelling, multifamily | Y | N | N | SP | SP |
Dwelling, multifamily in a mixed use building – defined as including one, a portion of a building containing more than one (1) dwelling unit; two, a portion of the building for occupancy of commercial uses. | Y | Y | N | SP | SP |
Public housing for the elderly. | Y | N | N | N | N |
Affordable housing (defined as housing meeting affordability standards of the Commonwealth of Massachusetts Department of Housing and Community Development). | Y | N | N | Y | Y |
Uses and structures customarily accessory and incidental to the primary use. | Y | Y | Y | Y | Y |
Sewerage treatment facility | SP | SP | SP | SP | SP |
Dwelling, single family [excluded in a CDA as defined in § 8.6.6.10(a)] | N | N | N | N | Y |
(4) Municipal Uses | |||||
Municipal school, other municipal buildings and 24-hour municipal use. | Y | Y | Y | Y | Y |
Municipal community center and recreation buildings. | Y | Y | Y | Y | Y |
Municipal fields | Y | Y | Y | Y | Y |
Municipal cemetery. | Y | Y | Y | N | N |
Municipal golf courses and related facilities. | Y | Y | Y | Y | Y |
Municipal tennis facilities and swimming pool. | Y | N | Y | Y | Y |
Civic area | Y | Y | Y | Y | Y |
Uses and structures customarily accessory and incidentals to the primary use. | Y | Y | Y | Y | Y |
Sewerage treatment facility. | SP | SP | SP | SP | SP |
(5) Miscellaneous Uses | |||||
Residential uses above the ground floor of commercial buildings. | Y | Y | N | Y | Y |
Uses exceeding 20,000 sq. ft. except where they are designed to be compatible with the intended pedestrian oriented character of the zone. | N | SP | N | SP | SP |
8.6.5
Prohibited Uses. The following uses shall be prohibited in all land use areas:
1.
Truck or trailer storage with the exception of storing and garaging company vehicles or allowable vehicles of residential units;
2.
Commercial self-storage other than an accessory use;
3.
Automobile or truck service or repair station;
4.
Automobile or motor vehicle body restoration shops, painting, repair;
5.
Automobile or motor vehicle car washing;
6.
Animal hospital; animal sales;
7.
Adult entertainment;
8.
Drive-in theatres or racetracks (defined as a measured course where animals or machines [which include non-motorized vehicles and motorized vehicles] are entered in competition against one another or against time, including tracks used only in the training of animals and exclusive of educational facilities);
9.
Mobile homes;
10.
Recycling collection facilities;
11.
Junkyards or wrecking yards;
12.
Refining or storage of petroleum;
13.
Stockyards, animal slaughterhouses or rendering plants;
14.
Metal smelting;
15.
New or used car or truck sales;
16.
Earth recycling facilities, including the processing of contaminated soils and the processing of earth materials to produce asphalt or cement products;
17.
The processing of soils or minerals, including, but not limited to, mining, importing and stockpiling of such materials;
18.
No use shall be permitted that violates that performance standards set forth in this section.
8.6.6
Dimensional Requirements.
1.
Lot Area. Individual lots within the Wildwood Mixed Use Special District shall require a minimum of forty thousand (40,000) square feet, except as hereinafter noted. In Area "D" and "Area E" individual single-family dwellings lots shall require a minimum of thirty thousand (30,000) square feet.
2.
In "Area A" only, non-senior residential dwellings will require a minimum lot area not less than 5,000 square feet per dwelling unit, plus one thousand square feet per bedroom for a maximum of two (2) bedrooms under the following percentages of development area of that which is buildable in "Area "A" only: maximum of 75% "multifamily dwelling" uses (just residential) and or open space and minimum of 25% mixed uses with commercial (nonresidential use on first floor of the mixed use buildings) and/or commercial. Computations for additional housing units in mixed use structures on the second floor or higher shall be calculated at 600 sq. ft. per unit with a maximum of two bedrooms.
3.
At least 10% of all housing units in "Area A" shall be affordable as defined by the Commonwealth. No single building shall contain more than 25% affordable housing.
4.
Senior residential dwellings require a lot area not less than four thousand square feet per dwelling, plus one thousand fifty square feet per bedroom for two bedrooms.
5.
Frontage. The minimum frontage shall be one hundred fifty (150) feet.
6.
Front Yard. Front yard shall be no less than (25) feet except as noted below.
(a)
In "Area A," "Area D" and "Area E" there will be no front yard setback for commercial and mixed use buildings.
(b)
In "Area B," for commercial or mixed-use projects, the front setback shall not exceed fifteen feet for fifty percent of the linear frontage of the building, except areas contiguous with the structure and used for outdoor dining or courtyards shall be exempt from this requirement. This setback shall not be used for parking.
(c)
In residential only areas the front yard shall not be less than twenty-five feet. In areas where are two front yards on one lot, the permit granting authority may waive set back requirements.
7.
Side Yards - shall not be less than twenty-five (25) feet. Multiple buildings on the same lot shall not be closer than twenty feet apart.
8.
Rear yard. Shall not be less than twenty-five (25) feet except where the rear lot line is contiguous to a residential area, in which case the buffer zone shall apply as noted in Buffering and Landscaping.
9.
Height. The height for buildings in the Wildwood Mixed Use Special District shall be as stated below. In no event shall any building exceed five stories in height.
(a)
For buildings containing only commercial uses or only residential units in "Area A," no building or structure shall exceed a height of three stories unless allowed under Special Permit conditions of this section.
(b)
For buildings containing both commercial and residential uses in the same building, in "Area A, "Area D" and "Area E" no building or structure shall exceed a height of five stories.
(c)
For buildings containing only residential uses in "Area D" and "Area E", no building or structure shall exceed a height of three stories unless allowed under the Special Permit conditions of this section.
10.
Dwelling Unit Requirements Applicable to Multifamily Dwellings in Area "D".
(a)
Provisions for multifamily dwellings units— A multifamily project is limited to 115 units, except as noted hereinafter, and must have 15% of the units as affordable units. A multifamily project must set aside a minimum sized area of 80,000 square feet for commercial development (the "Commercial Development Area" or "CDA"). This CDA will have frontage along Waverly Street, can be a separate lot from the multifamily project or can be incorporated into the multifamily project. The CDA can be used for a mixed-use building (where the first floor is a commercial use and floors above include residential units). As part of the CDA an additional 25 multifamily units are permitted to be constructed. These units can be within the CDA in a mixed use building or outside of the CDA as part of the multifamily project that triggered the CDA. Waivers of dimensional requirements may be granted by the permit granting authority for the multifamily project and the CDA. Unit affordability will be determined by the standards of the Commonwealth of Massachusetts. Affordable units constructed will be spread among the market rate units in a project.
(b)
Bedroom Limitation — A maximum of 15% of the units in a multifamily development can be three bedroom units. The remaining units in a multifamily development must be either one or two bedroom units. The Applicant shall provide for the same proportion of one, two or three bedroom dwelling units for affordable housing units as for non-affordable units within the development.
11.
Dwelling Unit Requirements Applicable to Multifamily Dwellings in Area "E".
(a)
Provisions for multifamily dwellings units - A multifamily project is limited to a maximum of eight (8) units .9 acres of land, and must have 15% of the units as affordable units. Waivers of dimensional requirements may be granted by the permit granting authority for the multifamily project. Unit affordability will be determined by the standards of the Commonwealth of Massachusetts. Affordable units constructed will be spread among the market rate units in a project.
(b)
Bedroom Limitations - A maximum of 15% of the units in a multifamily development can be three bedroom units. The remaining units in a multifamily development must be either one or two bedroom units. The Applicant shall provide for the same proportion of one, two or three bedroom dwelling units for affordable housing units as for non-affordable units within the development.
8.6.7
Buffering and Landscaping. For the purposes of this section, the term "buffer zone" shall be defined as a no-disturb zone. No headstones or burial plots are to be allowed in the buffer zone. There shall be no cutting of vegetation in the buffer zone without the express written approval of the Planning Board. Underground public utilities shall be allowed in the buffer zone.
1.
There shall be at least a one hundred foot buffer zone along the eastern and southern perimeter of the Wildwood Mixed Use Special District as depicted on the Design Concept Plan. There shall be a 50 foot buffer zone for any commercial, mixed use, or municipal use abutting a residential property along the south side of East Union Street. Only commercial and/or mixed uses with commercial and residential components shall be constructed within three hundred (300) feet from the easterly right-of-way line of Chestnut Street, except that multifamily dwelling buildings shall be allowed within the area between the southern boundary of the Property and the road shown as Great Bend Circle on the subdivision plans endorsed by the Planning Board on July 13, 2000 and recorded with the Middlesex County (Southern District) Registry of Deeds as Plan 1187 of 2000.
2.
Within the required setbacks set forth in this section with the exception of s. 8.6.7.1, above, there shall be no development, other than for access driveways essentially perpendicular to the street, and no removal of trees having trunk diameter of six (6) inches or greater, except as essential for access and safe visibility for exiting vehicles and to remove unhealthy trees and approved by the Planning Board.
3.
Required yards abutting a public way and required side and rear yards shall be maintained or landscaped so as to provide a dense planting of trees and shrubs with an effective height of at least six (6) feet.
8.6.8
Parking and Loading Requirements. Parking and loading requirements shall be in conformance with Sections 5.1 and 5.2 and the noise bylaw (Chapter 204 of the Ashland Code). Modification in the reduction of the number of parking spaces shall be allowed by Special Permit of the Planning Board.
8.6.9
Walkways. For public convenience, a pedestrian and/or bicycle way shall connect various uses and otherwise provide appropriate circulation or continuity to an existing pedestrian or bicycle circulation system. These uses include, but are not limited to, residential, parking, transit, bicycling, recreation and commercial. All land uses shall be interconnected by walkways and paths within the Wildwood Mixed Use Special District.
8.6.10
Lighting.
1.
All outdoor lighting shall be designed so as not to adversely impact surrounding uses while also providing sufficient level of illumination for access and security purposes. Such lighting shall not blink, flash, oscillate or be of unusually high intensity or brightness.
2.
Parking areas shall be illuminated to provide appropriate visibility and security during hours of darkness.
3.
Any outdoor lighting fixture shall be shielded so that it does not produce a strong, direct light beyond the property boundaries, and shall be directed toward the object to be illuminated. Light shall be directed away from residences.
4.
An exterior lighting plan is required including the following items plus any additional information required by the Planning Board if needed to determine compliance with these provisions.
5.
A lighting plan showing existing and proposed exterior lighting, including building and ground lighting; locations, supports, mounting heights and orientation of all luminaries.
6.
For all luminaries, descriptions and diagrams of physical configuration and photometric data, such as those available from manufacturers, indicating fixtures, lamps, reflectors and filter and showing the angle of light cut-off and light distribution patterns.
7.
To avoid lighting impacts, outdoor lighting fixtures excluding municipal school outdoor recreational facilities (which are also subject to review by the Planning Board) shall be mounted no higher than fifteen (15) feet except for taller fixtures as requested and approved in writing by the Planning Board which shall be directed inward to the extent feasible, or otherwise oriented and shielded to avoid glare on adjoining premises and planting or other screening used to block headlight glare from drives and parking lots onto adjacent properties and roadway.
8.6.12
Nuisance Standards.
2.
Commercial uses shall be prohibited from 24 hour operation. Said uses shall be designed to operate with limited hours of operation from 6:00 AM to midnight so that neighboring residents are not exposed to offensive noise, especially from traffic or late-night activity. No amplified music shall be audible to neighboring residents.
[Amended 11-28-2018 STM by Art. 8]
3.
Common walls between residential and nonresidential uses shall be constructed to minimize the transmission of noise and vibration.
8.6.13
Vibration, Smoke, Heat, Glare, and Odor Standards.
1.
Vibration shall not be discernible to any human's sense of feeling for three (3) minutes in any one (1) hour for a total of 15 minutes in any one day, or producing an acceleration of more than one-tenth (0.1) G.
2.
Heat, glare or electrical disturbance shall not be discernible from the outside of any structure.
3.
Smoke shall not be visible beyond a shade darker than No. 1 on the Ringelmann Smoke Chart.
4.
Air pollution shall not be detectable for any emission of solid or liquid particles in concentrations exceeding three-tenths (0.3) grains per cubic foot of the conveying gas or air at any point.
5.
Emissions shall not endanger human health, or cause damage to animals, vegetation or property, or cause spillage at any point beyond the boundaries of the lot.
6.
Odor shall not be detectable by the human senses without the aid of instruments beyond the structure boundaries of the lot.
8.6.15
Miscellaneous Standards.
1.
The landscape shall be preserved in its natural state insofar as practicable by minimizing tree and soil removal.
2.
Proposed buildings shall be related harmoniously to the terrain and to other buildings in the vicinity.
3.
The distance between buildings shall be sufficient to provide adequate light and air in conformance with the State Building Code.
4.
Special attention shall be given to location and number of access points to the streets, general interior circulation, separation of pedestrian and vehicular traffic and arrangement of parking areas that are safe and convenient and do not detract from the design of the proposed building or neighboring properties.
8.6.16
Requirements for Submission of a Site Development Plan. The submission of a Site Development Plan shall meet all criteria set forth in this section and for Site Plan Review in Section 9.4 except that the Special Permit Granting Authority shall be the Planning Board within the Wildwood Mixed Use Special District. Application procedure for residential uses which is additional to other requirements set forth in this chapter. Applicants shall submit to the Planning Board at least five copies of the following:
1.
An application.
2.
A site plan prepared by a registered architect, landscape architect and civil engineer, showing existing and proposed topography, proposed structures, drives, parking, landscaping and screening, utilities, drainage and reserved open space.
3.
A ground floor plan, sections and elevations of all proposed buildings.
4.
Materials indicating the proposed number of dwelling units, distinguishing units by number of bedrooms and any special occupancies (elderly or handicapped); form of tenure and subsidies anticipated; rent or sales prices, including any commitments for price ceilings; methods of water supply and sewerage disposal; time schedule for construction of units and improvements; service improvements proposed at the developer's and those anticipated at the town's expense; and means, if any, of providing for design control.
5.
Analysis of the consequences of the proposed development, evaluating the following impacts at a level of detail appropriate to the number of units proposed.
6.
Natural environment: groundwater and surface water quality, groundwater level, stream flows, erosion and siltation, vegetation removal (especially unusual species and mature trees) and wildlife habitats.
7.
Public services: traffic safety and congestion, need for water or sewer system improvements, need for additional public recreation facilities and need for additional school facilities.
8.
Economics: municipal costs and revenues, local business activity and local jobs.
9.
Social environment: rate of town population growth and range of available housing choice.
10.
Visual environment: visibility of buildings and parking
11.
A site analysis shall also be submitted, consisting of a series of site analysis the same scale as the site plan, each on a separate sheet, indicating analysis of hydrologic systems, vegetative cover, slope and land form, soils and geology and such other characteristics as the applicant deems advisable.
12.
Architectural design of buildings and sign design.
8.6.17
Decision. The approval of the Site Development Plan shall include such conditions and findings as deemed necessary by the Planning Board which shall be consistent with this Section, any covenant granted by the property owner with respect to the property comprising the Wildwood Mixed Use Special District and the Site and Design Rules and Regulations of the Planning Board. The approval by the Planning Board of any Site Development and Use Plan shall be binding upon the proponent, subject to the proponent's rights of appeal under state and local laws and regulations.
8.6.18
Security and Work Performed.
1.
Before issuance of the permit, a security pursuant to state laws in the amount determined by the Planning Board shall have been posted in the name of the Town assuring construction of access, utilities and drainage and cleanup following such construction in compliance with this chapter.
2.
Work covered under the above security shall be done under notification and inspection rules as established in the Ashland Planning Board's Subdivision Regulations (Chapter 344 of the Ashland Code) and the bond shall not be released until all work has been inspected and found to comply with all applicable laws and requirements.
3.
The site shall be so designed that access ways, utilities and drainage serving each structure meet the standards of the Ashland Planning Board's Subdivision Regulations (Chapter 344 of the Ashland Code); visibility of parking areas shall be minimized from public ways or from adjacent premises: lighting of parking areas avoids glare on adjoining premises; major topographic changes and removal of existing trees is avoided; and effective use is made of topography, landscaping and building placement to protect, to the degree feasible, the character of the environs. The Planning Board may waive requirements of the Ashland Planning Board's Subdivision Regulations for a project.
4.
Multifamily dwellings shall be so designed and located that egress does not create a hazard on any street or create substantial increase in traffic on any street other than a principal street.
5.
Multifamily dwellings shall be allowed only if connected to a municipal sewer system.
8.6.19
Development Scheduling. Upon authorization of multifamily use, the Planning Board shall establish an annual limit for the number of dwelling units to be authorized taking into consideration the needs which the housing will serve, the ability of the Town to provide services in a timely manner, and the financial, fiscal, and social impacts, and feasibility consequences of the scheduling.
8.7
QUARRY REMEDIATION DISTRICT
8.7.1
Purpose. The purpose of this Quarry Remediation District is to:
1.
promote the utilization of the best available mining technologies to construct suitable benches at the outer edges of open mining pits;
2.
reduce erosion of topsoil and the subsequent sedimentation of surface water bodies;
3.
promote re-vegetation of disturbed areas; and,
4.
prevent blight and the pollution of the environment.
8.7.2
Scope and Authority. The Quarry Remediation District shall be considered as overlaying other zoning districts. Any uses permitted in the portions of the district so overlaid shall be permitted, but only subject to the provisions of this Section.
8.7.3
District Delineation. The Quarry Remediation District is defined as all lands within the Town of Ashland lying within that area designated as the "Quarry Remediation District" as depicted on the Plan of Land entitled "Ashland Quarry Closure Plan Showing Property Lines, Proposed Quarry Remediation District Delineation and Zoning Boundaries in Ashland and Hopkinton, Mass." drawn by Norwood Engineering Co., Inc., Consulting Engineers and Land Surveyors, dated February 27, 1998, prepared for the Ashland Planning Board, which plan is on file in the offices of the Planning Board and Town Clerk. The Quarry Remediation District is hereby incorporated as part of the "Zoning Map of Ashland, Massachusetts, revised through May, 1998," on file in the office of the Town Clerk.
8.7.4
Permitted Uses. The following uses shall be permitted within the Quarry Remediation District provided that such uses shall comply with all applicable local, state and federal laws as a matter of right. These uses shall only be permitted for so long as stone extraction is permitted in the Quarry Remediation District as shown on the above referenced plan.
1.
Mining of rock, drilling and blasting and all procedures included thereto;
2.
Transport of excavated stone by vehicle or conveyor to a processing plant;
3.
Crushing, screening and washing of stone; and,
4.
Maintenance, removal, repair and replacement of all mining equipment.
The following uses shall be permitted within the Quarry Remediation District as of right without reference to termination of mining activities: |
5.
Conservation of soil, water, plants and wildlife;
6.
Outdoor recreation, nature study; and,
7.
Proper operation of existing water bodies, other water control and conservation devices.
8.7.6
Restrictions. The following restrictions exist within the Quarry Remediation District:
1.
At all times, there shall be erected and maintained a security fence around the northerly perimeter of the Quarry Remediation District; and,
2.
All areas remaining exposed after mining has been terminated and which are not below water level shall be covered with six to eight inches of good quality topsoil and planted with cover vegetation adequate to prevent soil erosion.
8.7.7
Violations. Written notice of any violations of this section shall be given by the Building Inspector/Zoning Enforcement Officer to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violation(s) and preventive measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the Select Board and Town Manager. The cost of containment, cleanup, or other action of compliance shall be borne by the owner and operator of the premises.
[Amended 11-20-2019 STM, Art. 14]
8.7.8
Enforcement. For situations that require remedial action to prevent adverse impact to the resources within the Quarry Remediation District, the Town of Ashland, Building Inspector/Zoning Enforcement Officer, or any of their agents, if authorized to act, shall proceed to enforce such order as provided by law. The remediation cost shall be the responsibility of the owner and operator of the premises.
8.8
Pond Street Mixed Use Overlay District.
[Added 5-6-2009 ATM, Art. 28]
1.0
Purpose. The purpose of establishing the "Pond Street Mixed Use Overlay District" (PSMUOD) Zoning Bylaw is to promote economic development, encourage more efficient use of infrastructure, add vitality to the corridor and provide better access to employment opportunities and services by allowing high density mixed residential and commercial uses within the same building. The benefits of the PSMUOD Bylaw accrue only to those parcels located entirely within the boundaries of the PSMUOD. The PSMUOD shall hereby be established as designated on the zoning map dated, May 6, 2009.
2.0
Relationship to Underlying Districts and Regulations. The PSMUOD shall overlay the underlying districts so that any parcel of land lying in the PSMUOD also lies in one or more of the other zoning districts in which it was previously classified, as provided for in the Ashland Zoning Bylaws. The underlying zoning district permitted or allowed uses remain permitted or allowed. Any development proposed under the PSMUOD bylaw is not subject to the regulations of the underlying zoning district.
3.0
Special Permit Granting Authority. Any development pursuant to the PSMUOD by-law shall be allowed only by special permit. The Planning Board is hereby designated as the Special Permit Granting Authority (SPGA) in the PSMUOD. A super majority shall be required for plan approval. All Special Permit applications made pursuant to the PSMUOD by-law shall conform to the standards and criteria and procedural provisions of the PSMUOD by-law and all relevant procedural provisions in the current Ashland zoning by-laws. Said Special Permit may be issued subject to such conditions as the Planning Board may deem appropriate to protect the public interest and to ensure that development to the PSMUOD will be consistent with the purpose of this Section and the controls set forth herein.
4.0
Development Criteria. In addition to the specific requirements contained within this Bylaw, the Ashland Planning Board shall issue a special permit for development within the PSMUOD only after consideration of the following:
1.
Adequacy of the site in relation to the size of the proposed structure(s);
2.
Adequacy of the provision of open space, its accessibility to the general public, and/or its association with adjacent or proximate open space areas;
3.
Suitability of the site for the proposed use(s);
4.
Impact on traffic, pedestrian flow and safety and access for emergency vehicles;
5.
.Impact on the visual character of the neighborhood;
6.
Adequacy of utilities, including sewage disposal, water supply and storm water drainage;
7.
Degree to which the proposed project complies with the stated purpose of this bylaw;
8.
Impact of the proposal on the existing mix of structures and businesses in the PSMUOD.
5.0
Permitted Uses. Within the PSMUOD, the Planning Board may issue a special permit for the following uses either solely or in combination:
5.1
Residential.
1.
Dwelling units located above or adjacent to a building containing non-residential uses.
2.
Dwelling units above or adjacent to non-residential uses may be connected for access if both are owned by the same entity and occupied by the owner or manager of the business
3.
Special use provisions: Ground floor uses
a)
Ground floors of buildings which front on streets shall be reserved for non residential uses except as specified below
b)
Dwelling units shall be allowed on ground floors of buildings only where:
• | the building is set behind another building which has non-residential uses on the ground floor; or | |
• | the residential portion of the first floor of a building is set behind street-front non-residential uses within the same building; or | |
• | in other cases where the SPGA feels that street-front residential uses will not have an adverse impact on the continuity of the non-residential street front uses. |
5.2
Non-Residential
1.
Retail stores, including salesrooms and showrooms, general or personal service establishments, business and professional offices, executive and administrative offices, and banks
2.
Drive through service windows.
3.
Non-noxious light industrial/manufacturing uses.
4.
Research/development and biotech uses.
5.
All uses allowed by right or by special permit in the underlying zoning district.
6.0
Dimensional Regulations
1.
Minimum Lot Size
2.
Minimum Lot Frontage. Minimum lot frontage is one hundred fifty (150') feet with at least one means of ingress/egress.
3.
Density. One residential dwelling unit per 2,000 sf. of "buildable lot area."
5.
Display/Storage. No storage or permanent display of goods, products, materials or equipment, vending machines or similar commercial devices shall be located nearer to the line of any street than the permitted setback distance for a building on the lot.
6.
Height Regulations. Building heights up to five (5) stories are allowed in the PSMUOD, and, as a development incentive, the SPGA may allow buildings higher than five (5) stories if the developer can demonstrate to the SPGA's satisfaction, that the increased height is in keeping with the purpose of the bylaw.
7.
Common Open Land.
1.
The developer is encouraged to have Common Open Land for use by the general public. The Common Open Land shall have a shape, dimension, character and location suitable to assure its use for park or open space purposes by the general public.
2.
The SPGA may permit a density bonus of one (1) dwelling unit per 2,000 sf of Common Open Land provided the area of Common Open Land shall equal at least ten (10) percent of the total parcel area.
3.
Any required takings for Right of Way (ROW) improvements including sidewalks along a public street, will not impact the minimum required "buildable lot area" for the development and may be included in the Common Open Land calculation if said land is transferred to the Town or State, as appropriate, free of charge.
7.0
Affordable Housing.
1.
As a condition of the grant of any special permit in the PSMUOD creating more than ten (10) residential units, a minimum of the following total number of dwelling units shall be restricted as affordable for a period of not less that ninety-nine (99) years. Fractions of .49 or less shall be rounded down and .50 or more rounded up. The form of the ninety-nine year restriction shall be approved by legal counsel to the SPGA, and a right of first refusal upon the transfer of such restricted units shall be granted to the Town of Ashland for a period of not less than 90 days after notice thereof.
a.
10% of the units shall be affordable to persons or families qualifying as low to moderate income. Low to moderate income shall mean affordable to persons whose annual income does not exceed eighty percent (80%) of the Area Median Income, adjusted for family size, as determined by the U.S. Department of Housing and Urban Development.
b.
The SPGA may grant a density bonus in the event the developer proposes more affordable units than required. Said bonus shall be negotiated between the SPGA and developer.
2.
The affordable units shall be developed under the Local Initiative Program of the Massachusetts Department of Housing and Community Development or another subsidy program that allows housing to count towards the statutory affordable housing requirement of Chapter 40B of Massachusetts General Laws.
3.
The affordable units must be subject to use restrictions, deed restrictions, or other legally binding instruments to ensure that the units remain affordable and available for the term, exclusively to people with qualifying incomes. The units must be sold or rented on a fair and open basis, and the owners of the units must adopt an affirmative fair marketing plan.
4.
Affordable residential units shall be subject to a deed rider to ensure continued compliance with these provisions. The Town may require, for itself or its designee, an option to purchase or lease affordable units for rents, sale prices, or resale prices that are affordable to eligible households. The option shall apply to the initial and any subsequent sale or lease of affordable units.
8.0
Parking Requirements. In the PSMUOD, off street parking shall be provided as follows:
1.
For dwelling units, one (1) parking space per each studio or one bedroom unit and one and one half (1 1/2) parking spaces per each unit having two bedrooms or more.
2.
For non-residential uses, one parking space for each two hundred and fifty (250) square feet of gross floor area. For the purpose of this section, "gross floor area" means the total floor area contained within exterior walls, but does not include basement space used for heating and utilities, storage or for automobile parking.
3.
Uses not listed in this section shall comply with the parking space requirements of the Ashland Zoning Bylaws.
4.
In the case of mixed uses, the parking spaces required shall be the sum of the requirement for the various individual uses, computed separately in accordance with this section. Parking spaces for one use shall not be considered as providing the required parking spaces for any other use unless it can be clearly demonstrated to the SPGA that the need for parking occurs at different times, in which event the SPGA may waive this requirement.
5.
Off-street automobile parking spaces, to the extent required in this section, may be provided either on the same lot or premises with the parking generator or on any lot or premises associated therewith a substantial portion of which is within three hundred (300) feet of the generator.
6.
Off-street parking facilities and connecting drives between such facilities and the street shall be designed to insure the safety and convenience of persons traveling within or through the parking area, and between the parking facility and the street. The provisions of Section 5.1 of the Ashland Zoning By-laws, entitled: "Off Street Parking Requirements," shall be considered the minimum criteria for evaluating such design.
9.0
Review Standards. The Review Standards are established for the accomplishment of the following purposes:
• | Ensure that the PSMUOD's becomes a unique and identifiable place and destination for residents, visitors and business affairs; | |
• | Enhance the social and economic viability of the PSMUOD by preserving property values and promoting the attractiveness of PSMUOD as a place in which to live, work, visit and shop; | |
• | Enhance the PSMUOD's economic resources; | |
Promote and encourage building design and building alterations that are of high quality and appearance; | ||
Promote flexibility in and variety of development to enhance the natural and aesthetic qualities of the PSMUOD. |
9.1
Administrative Procedures.
a)
All applications made pursuant to the PSMUOD by-law shall be subject to Design Review by the SPGA in accordance with the following Design Review Standards:
1.
Scale.
a)
Buildings shall relate well to the pedestrian scale. Include appropriate architectural details to add visual interest to all facades that face streets, pedestrian pathways, parking lots, or other significant pedestrian spaces;
b)
Continuous length of flat, blank walls adjacent to streets, pedestrian pathways, or open spaces is discouraged.
2.
Entrances
a)
For visibility and accessibility, all primary commercial and residential building entrances shall be visible from either the right-of-way or the parking area, and shall have an entrance directly accessible from the sidewalk.
b)
Air Lock entrances shall not extend beyond the exterior facade into pedestrian pathways.
c)
Where parking is located to the rear of a building, entrances to dwelling units within the building are to be visible and accessible from the parking lot. All entrances are to have sufficient illumination at night.
3.
Architectural Details – Existing Buildings. If a proposed development includes alteration of, or addition to, an existing building, the change shall employ materials, colors, and textures as well as massing, size, scale and architectural features which show consideration for the original structure, if applicable and appropriate. Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a building shall be preserved whenever possible, if applicable and appropriate.
4.
Exterior Materials and Appearance.
a)
Ground floor portions of commercial building facades facing streets, squares, or other significant pedestrian spaces shall contain transparent windows encompassing a minimum of 50% of the facade surface.
b)
Predominant wall materials are encouraged to have the appearance of wood, brick, stone or EIFS (stucco).
5.
Roof form.
a)
New construction may incorporate flat or pitched roofs.
b)
Flat roofs shall be concealed with parapets along the front and sides of the structures and shall not include scuppers or downspouts that outlet above ground level directly into any pedestrian ways.
c)
Mechanical equipment shall be screened, organized and designed as a component of the roofscape, and not appear to be a leftover or add-on element.
6.
Service Areas, Utilities and Equipment. Service and loading areas and mechanical equipment and utilities shall be unobtrusive or sufficiently screened so that they are not visible from streets or primary public open spaces and shall incorporate effective techniques for noise buffering from adjacent uses.
7.
Sustainable Building Design. New buildings constructed in the PSMUOD shall be "Energy Star Certified." Consideration shall be given to using sustainable building practices such as the LEED (Leadership in Energy and Environmental Design) rating system.[6]
[6]
Editor's Note: Former Section 8.9, Photovoltaic Installations Overlay District (PIOD), added 11-19-2013 STM, Art. 18, which immediately followed this section, was renumbered as Section 8.3.
8.9
MBTA Communities Multi-Family Overlay District (MCMOD)
[Amended 11-19-2024 STM, Art. 8]
8.9.1
Purpose
The purpose of the MBTA Communities Multi-Family Overlay District (MCMOD) is to allow Dwelling, Multifamily as of right in accordance with Section 3A of the Zoning Act (Massachusetts General Laws Chapter 40A).
8.9.2
Establishment and Applicability
This MCMOD is an overlay district having a land area of approximately 56 acres in size that is superimposed over the underlying zoning district(s) and shown and labeled on the Town of Ashland Zoning Map.
1.
Applicability of MCMOD. An applicant may develop multi-family housing located within the MCMOD in accordance with the provisions of this Section 8.9.
2.
Underlying Zoning. The MCMOD is an overlay district superimposed on all underlying zoning districts. The regulations for uses, dimensions, and all other provisions of the Zoning Bylaw governing the respective underlying zoning district(s) shall remain in full force, except for uses allowed as of right in the MCMOD. Uses that are not identified in this Section 8.9 are governed by the requirements of the underlying zoning district(s). Within the boundaries of the MCMOD, a developer may elect either to develop a project in accordance with the requirements of this Section 8.9, or to develop in accordance with requirements of the regulations for uses, dimensions, and all other provisions of the Zoning Bylaw governing the underlying zoning district. If using MCMOD zoning, a project must follow all provisions of the underlying Overlay District or Special District as set forth under Section 8.0 and listed in Section 8.9.4, unless otherwise specifically noted in Section 8.9.
3.
Relationship of MCMOD to Other Zoning Provisions. Notwithstanding any other provision of this bylaw to the contrary, including any other provision which requires a special permit for development on property which is included in this Overlay District, no development undertaken pursuant to this Section 8.9 shall require a permit under zoning other than the Site Plan Review as set forth in Section 9.4-9.6 of this bylaw as modified by Section 8.9.9 hereof.
8.9.3
Definitions
For purposes of this Section 8.9, the following definitions shall apply. Otherwise, Section 10 shall apply.
1.
Affordable Housing Restriction. A use or deed restriction acceptable in form and substance to Massachusetts Executive Office of Housing and Livable Communities (HLC) and the Town that imposes restrictions on Affordable Housing Units to make such units affordable to Income Eligible Households which meets the requirements of HLC's Local Initiative Program (LIP) or any successor program established by HLC for purposes of Subsidized Housing Inventory (SHI) eligibility; and causes the Affordable Housing Units to be eligible for inclusion on the SHI. An Affordable Housing Restriction shall run with the land in perpetuity or for the maximum period of time allowed by law, and be enforceable under the provisions of Chapter 184, §§ 26, 31, and 32 of the Massachusetts General Laws.
2.
Affordable Housing Unit. A dwelling unit in a development subject to this bylaw that is required to be sold or rented to, as applicable, and occupied by an Income Eligible Household.
3.
Age Restricted Housing. Developments that dedicate most of their units to people who are a certain age.
4.
Applicant. A person, business, or organization that applies for a building permit, Site Plan Review, or Special Permit.
5.
Area Median Income (AMI). The area median household income as determined by the U.S. Department of Housing and Urban Development (HUD), adjusted for household size, for the metropolitan area that includes the Town.
6.
As of Right. Development that may proceed under the Zoning in place at time of application without the need for a special permit, variance, zoning amendment, or other discretionary zoning approval.
7.
Dwelling Unit. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
8.
HLC. The Massachusetts Executive Office of Housing and Livable Communities, or any successor agency.
9.
Income Eligible Household. A household of one or more persons whose annual income does not exceed 80% of AMI and meets the applicable requirements established by HLC's LIP.
10.
Local Initiative Program (LIP). A program administered by HLC pursuant to 760 CMR 56.00 to develop and implement local housing initiatives that produce low- and moderate-income housing, with or without a comprehensive permit issued pursuant to Chapter 40B, §§ 20 through 23 of the Massachusetts General Laws.
11.
Lot. An area of land with definite boundaries that is used or available for use as the site of a building or buildings.
12.
MBTA. Massachusetts Bay Transportation Authority.
13.
Dwelling, Multi-Family. A building designed for, or containing, three (3) or more residential dwelling units.
14.
Open Space. Contiguous undeveloped land within a parcel boundary.
16.
Permit Granting Authority. The Planning Board shall be the Permit Granting Authority hereunder.
18.
Sub-District. An area within the MCMOD that is geographically smaller than the MCMOD district and differentiated from the rest of the district by use, dimensional standards, or development standards.
8.9.4
Sub-Districts. There are five (5) sub-districts in the MCMOD, all of which are shown on the Town of Ashland Zoning Map. The subdistricts and their corresponding underlying zoning are as follows:
1.
Sub-district "A" – Memorial Drive
Underlying zoning: Rail Transit District, Section 8.4
2.
Sub-district "B" – Pleasant Street
Underlying zoning: Ashland Downtown District (ADD), Section 8.5
3.
Sub-district "C" – Main Street
Underlying zoning: Ashland Downtown District (ADD), Section 8.5
4.
Sub-district "D" – Chestnut Street
Underlying zoning: Wildwood Mixed Use Special District, Section 8.6
5.
Sub-district "E" – Pond Street
Underlying zoning: Pond Street Mixed Use Overlay District, Section 8.8
8.9.7
Dimensional Requirements
1.
Dimensional Standards and Density Allowed in MCMOD:
Sub-District | Frontage (Min) | Front Yard (Min) | Side Yard (Min) | Rear Yard (Min) | Height | Units per Acre |
|---|---|---|---|---|---|---|
A | 150' | 25' | 25' | 30 | 3 Stories (Max 38 feet) and 4 Stories at rear of building if slope permits | 21 |
B | 100' | 15' | 15' | 12' | 3 Stories (Max 38 feet) | 15 |
C | 100' | 15' | 15' | 12' | 3 Stories (Max 38 feet) | 15 |
D | 150' | 25' | 25' | 25' | 4 Stories (Max 51 feet) | 30 |
E | 150' | None | 10' | 15' | 4 Stories (Max 51 feet) | 22 |
2.
Common Open Land.
a.
The developer is encouraged to have common open land for use by the general public. The common open land shall have a shape, dimension, character and location suitable to assure its use for park or open space purposes by the general public.
3.
Parking Requirements. In the MCMOD, off street parking shall be provided as given below. Parking shall not be reduced by underlying zoning.
a.
For dwelling units, one (1) parking space per each studio or one bedroom unit and one and one half (1 1/2) parking spaces per each unit having two bedrooms or more.
4.
Exceptions:
a.
Renewable Energy Installations. The Permit Granting Authority may waive the height and setbacks in Section 8.9.7 (Dimensional Requirements) to accommodate the installation of solar photovoltaic, solar thermal, living, and other eco-roofs, energy storage, and air-source heat pump equipment. Such installations shall not create a significant detriment to abutters in terms of noise or shadow and must be appropriately integrated into the architecture of the building and the layout of the site. The installations shall not provide additional habitable space within the development.
8.9.8
Affordability Requirement
1.
Applicability
a.
Any proposed multi-family residential development containing ten (10) or more dwelling units on any parcel or contiguous parcel(s) comprising a proposed site within the MCMOD shall be subject to the requirements of this section.
2.
Mandatory Provision of Affordable Units.
a.
As a condition of approval, projects in Sub-Districts A, B, C and D shall contribute at least 12.5% of the total dwelling units in the development as Affordable Housing Units. Sub-District E shall contribute 10% of the total dwelling units in the development as Affordable Housing Units. The 12.5% requirement is dependent in approval from EOHLC, if the Town does not receive said approval, the requirement shall be 10% for all sub-districts.
b.
For the purposes of this article, any calculation of required Affordable Housing Units that results in the fractional or decimal equivalent of one-half (0.50) or above shall be increased to the next highest whole number. Nothing in this bylaw shall preclude a developer from providing additional affordable units, or greater affordability, or both, than the minimum requirements.
c.
As a condition of approval of a project, all Affordable Housing Units shall be subject to an Affordable Housing Restriction. The Affordable Housing Restriction shall be approved by Town Counsel and HLC prior to the Permit Granting Authority issuing their decision hereunder. No building permit shall issue for the project prior to the Restriction being recorded at the Middlesex South Registry of Deeds and a copy provided to the Permit Granting Authority and the Building Commissioner.
d.
Affordable Housing Units shall be sold or rented, as applicable, to Income Eligible Households at sales prices or rents that are affordable to Income Eligible Households pursuant to an Affordable Housing Restriction.
8.9.9
Site Plan Review
1.
Applicability. Site Plan Review is required for all multi-family projects in the MCMOD. An application for Site Plan Review shall be reviewed by the Permit Granting Authority in accordance with Section 9.4-9.6 of this bylaw.
2.
Requirements. As part of any application for Site Plan Review for a project within the MCMOD, the Applicant must adhere to Section 9.4-9.6 of this Zoning Bylaw.
3.
Decision. Final Action of the Permit Granting Authority shall include one of the following:
a.
Approval based on a determination that the proposed project complies with the criteria and design standards set forth in this section of the Zoning Bylaw.
b.
Approval subject to any reasonable site plan and design performance conditions, modification, and restrictions the Permit Granting Authority may deem necessary to ensure the health, safety and general welfare of the community.
c.
Disapproval of the application for the reasons of an incomplete application.