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Bellingham City Zoning Code

ARTICLE XXVI

Overlay District

§ 240-185 Purpose.

The purpose of the Hartford Avenue Adaptive Use Overlay District (HAAOD) is to promote responsible economic development while providing an aesthetically pleasing transition from the existing commercial zone to the residentially zoned neighborhoods located along the northern side of Hartford Avenue. The specific purpose of the HAAOD are:
A. 
To provide options for limited business operations subject to the standards designed to preserve the integrity of the abutting residential neighborhoods.
B. 
To encourage the reuse of residential buildings by providing economic uses for buildings that may no longer function as well as single-family residences.
C. 
To implement certain goals of the Master Plan, including encouraging economic development, protecting small town character, and updating zoning to maintain consistency.

§ 240-186 General requirements.

A. 
Location. The HAAOD is hereby established as an overlay district. HAAOD is superimposed on that portion of the Residential District along the north side of Hartford Avenue heading west between Route 495 and Arrowhead Road Location. The HAAOD is located on the northern side of Hartford Avenue heading west between Route 495 and Farm St. The following lots are referenced in the Bellingham MA Online Assessor's GIS Mapping Database, are included in the HAAOD on a plan entitled "Hartford Avenue Adaptive Use Overlay District," dated January 13, 2023, incorporated by reference in the Zoning Bylaw and on file with the Town Clerk and Building Inspector:
Parcel 24 Lot 3 - 3 Farm Street
Parcel 24 Lot 4 - 178 Hartford Ave
Parcel 24 Lot 5 - 182 Hartford Ave
Parcel 24 Lot 6 - 186 Hartford Ave
Parcel 24 Lot 7 - 190 Hartford Ave
Parcel 24 Lot 8 - 194 Hartford Ave
Parcel 24 Lot 9 - 198 Hartford Ave
Parcel 24 Lot 9-200 - 202 Hartford Ave
Parcel 24 Lot 9-100 - 2 Rawson Road
Parcel 24 Lot 9-2500 - 210 Hartford Ave
Parcel 18 Lot 81 - 216 Hartford Ave
Parcel 18 Lot 82 - 2 Deerfield Lane Annual Town Meeting - May 24, 2023 Page 22 of 34
Parcel 18 Lot 97 - 1 Deerfield Lane
Parcel 18 Lot 98 - 222 Hartford Ave
Parcel 18 Lot 99 - 224 Hartford Ave
B. 
Rules and regulations. The Planning Board may develop Hartford Avenue (HAAOD) Rules and Regulations which shall more fully define the application requirements and design guidelines, identify supporting information needed, and establish reasonable application, review and inspection fees, and construction protocols.

§ 240-187 Permitted and prohibited uses.

A. 
Uses allowed as of right. All uses allowed as of right in the underlying Residential District shall remain as of right within the HAAOD. Similarly, uses presently allowed by special permit in the underlying Residential District shall continue to be allowed by special permit in the HAAOD.
B. 
Uses allowed by special permit in the HAAOD.
(1) 
In approving an adaptive use special permit under the provisions of M.G.L. c. 40A, § 9 and these Zoning Bylaws, the Planning Board may provide for the following uses:
(a) 
Offices for business or professional uses, including, but not limited to, accountants, architects, attorneys, counselors, engineers, insurance agents, planners, real estate sales, and similar uses.
(b) 
Medical offices, including, but not limited to, acupuncture, chiropractors, massage therapy, other medical specialists and similar uses.
(c) 
Studios for artists, photographers, interior decorators, and similar design-related uses.
(d) 
Personal care services such as barber shops, beauty parlors and nail salons.
(e) 
Bank freestanding and/or with a drive-through.
(2) 
The adaptive use special permit shall expressly indicate which of the above-allowed uses is specifically permitted and may impose conditions, safeguards and limitations on the permitted use(s). A change is any use allowed by special permit hereunder to another use shall require a new special permit. Uses not listed in Subsection B(1) or (2) are prohibited, except that such a use may be allowed on special permit if the Planning Board determines that it closely resembles in its neighborhood impacts an allowed use or a use allowed by special permit in that district.
C. 
Prohibited uses. The following uses shall be prohibited in the HAAOD:
(1) 
Motor vehicle sales, repair, or sales of parts; gas stations, multi-port charging stations.
(2) 
Manufacturing or industrial uses of any kind.
(3) 
Food services, including but not limited to bakeries, cafes, coffee shops, delicatessens, dessert shops, pastry shops, sandwich shops, convenience stores, pizza parlors, and other fast food-type restaurants.
(4) 
Drive-through windows of any kind except associated with a bank.
(5) 
Exterior storage of equipment or materials.
(6) 
Non-bank loan or check cashing operations.
(7) 
Repair shops for large equipment, appliances or tools and/or the fabrication or repair of machinery.
(8) 
Off street parking.
(9) 
Exterior fleet storage.
(10) 
Retail sales for liquor and convenient stores.
(11) 
Any use not specifically allowed § 240-187A and B above is hereby prohibited.

§ 240-188 Special permit site development standards.

The following site development standards shall apply to all HAAOD developments and shall be reviewed during any special permit proceeding:
A. 
New construction may be permitted, provided that it is designed to be compatible with the overall residential character of the adjacent neighborhood and the HAAOD.
B. 
Each adaptive use project may utilize the existing structures but may include restoration, renovation or improvement of the primary existing building to maintain, restore or enhance its original architectural integrity. Construction of an addition to an existing building on the premises may be permitted, provided that it is designed to be compatible with the overall residential character of the adjacent neighborhood and the HAAOD.
C. 
The alteration of, addition to, and/or conversion of an existing building to one residential dwelling unit and one business use listed above may be permitted by special permit, provided that the appearance of the building is characteristic of a single-family dwelling and that the residential unit is occupied by the business owner.
D. 
New construction and existing building alterations shall be in accordance with § 240-40 for the underlying Residential Zoning District.
E. 
Required parking space calculations shall be in accordance with Article X, Parking and Loading Requirements. No on-street parking shall be allowed. Additionally, no parking spaces or driveways are permitted in the rear or side setbacks. Parking areas shall be screened from the abutting properties by a combination of opaque structures, such as fencing or ornamental walls, and landscaping. Adequate provisions for on-site retention and treatment of stormwater shall be included. This will be the discretion of the Planning Board.
F. 
A photometric plan shall be included with the site design submission which ensures adequate site lighting for parking and pedestrian walkways, no glare is produced on abutting parcels or the public way, and all proposed light fixtures are dark sky compliant.
G. 
Signage shall include no more than one freestanding sign. Signage signs shall be externally illuminated with no spillover onto adjacent properties. Signage placement shall be reviewed by the Safety Officer so as to maintain adequate visual access for vehicles entering and exiting the property.
H. 
Curb cuts on Route 126 are subject to approval of the state. New curb cuts on Hartford Avenue are subject to recommendations of the Safety Officer and will require a Bellingham street opening permit from the DPW. The division of state and local roads is shown on the plan.
I. 
All developments shall include a landscape plan, stamped by a Massachusetts Registered Landscape Architect, that maintains or enhances the residential character of the property. The landscape plan shall also provide, at the discretion of the Planning Board, a buffer zone (including a combination of shrubs, trees, grass and fencing) appropriate for the proposed use along any property boundaries with an adjacent residential use.
J. 
The development plans shall include specific areas for snow storage and rubbish. All rubbish areas shall be screened with an opaque fence and be located outside the front yard setback.

§ 240-189 Procedures for special permit.

Reference the Special permit section, Article IV and § 240-15.

§ 240-190 Special permit standards and criteria.

In considering an application for an adaptive use special permit, the Planning Board shall make the following findings:
A. 
The proposed use is contemplated under the provisions of this bylaw.
B. 
The site is adequate for the proposed use in terms of size, configuration, and use of abutting properties.
C. 
The proposed use will cause minimal adverse impacts to abutting properties and will provide mitigation of any impacts.
D. 
Provisions for traffic and parking are adequate for the proposed use.
E. 
The proposal promotes the aesthetic appeal and deters detrimental impacts to the abutting residential neighborhood and that the proposed project complies with the goals of the Master Plan.
F. 
The provisions for utilities, including sewage disposal, water supply and stormwater management, are adequate.
G. 
The proposed project complies with the goals of the Master Plan and the purposes of this article of the Zoning Bylaw.