Dover City Zoning Code

The parcel or lot is of "adequate dimension," as defined in the following Subsection D(2) of this Subsection D;

The parcel or lot does not have a dwelling on it and is subject to a recorded legal restriction precluding residential development;

A parking plan is approved by special permit by the Planning Board at an advertised public hearing at which the Board determines that the parking is not inconsistent with public safety needs and that the parking area will not be covered by asphalt or other impermeable surface.

Both temporary and permanent signs identifying the establishment or advertising goods or services available on a lot. Any such sign shall not exceed 15 square feet in area.

Signs painted on or placed for display on the inside of the glass of a window or door. Any such signs shall not exceed 20% of the glass surface of a window or 10% of the glass surface of a door.

Freestanding signs such as those ground mounted on a single or double post, provided the placement of such signs does not interfere with sight distance for pedestrians or vehicles. Any such sign shall not exceed five feet in height, measured from the ground to the top of the sign, or 15 square feet in area.

Normal repair and maintenance that does not substantially alter the appearance of a building or lot as seen from a public way does not constitute a substantial change under this section.

The Planning Board may treat individual changes that would aggregate into a substantial change as separate changes thereby not triggering site plan review, provided that each such change has no substantial effect on the neighborhood.

Resurfacing a pavement area shall not constitute a substantial change unless it involves a change of surface material.

An applicant shall submit drawings accurately depicting existing structures and any proposed additions, additional structures, or external alterations to an aspect of the site as defined in Subsection C(2) above.

An applicant shall also submit a narrative statement describing:

The Planning Board shall review a preliminary site plan application and supporting materials to determine whether the application is complete and shall review the substance of an application at its first scheduled meeting after notifying an applicant in writing that the application is deemed complete.

The Planning Board may then:

The Planning Board shall act on a preliminary site plan application within 30 days following the meeting at which the application is deemed complete. Failure of the Planning Board to act on a preliminary plan within 30 days shall be considered unconditional approval.

Applications the Planning Board has determined require full site plan review shall include:

The Planning Board also may require studies of traffic, drainage, lighting or other impacts prepared by an appropriately licensed or otherwise qualified professional.

The Planning Board shall review a full site plan application and supporting materials to determine whether the application is complete, shall notify the applicant in writing that the application is deemed complete, and shall then review the substance of the application in accordance with the notification requirements and time limits specified for a Special Permit application in MGL Chapter 40A, Section 9.

Compliance with the requirements for lot size, frontage, lot coverage of buildings, height, parking and loading spaces, yards, and all other provisions of this chapter;

The location of driveway openings in relation to street traffic, and the convenience and safety of pedestrian, bicycle, and vehicular traffic to, from, and on the site;

The adequacy of arrangement and number of parking and loading spaces in relation to the proposed use of the premises;

The arrangement and appearance of proposed new buildings, structures, colors and materials, or changes to the aspects of a site as defined in Subsection C(2) above;

Provisions to protect surrounding premises against detrimental impacts;

The relationship of structures, design aspects, and open spaces to the natural landscape, existing buildings, historic and architectural heritage, and other community assets;

Potential impacts on natural resources, including groundwater and open space;

Potential impacts on Town resources, including protective agencies, streets, and public spaces;

Harmony in architectural treatment and avoidance of incongruous or inappropriate character or architectural appearance and arrangement of buildings; and

Compliance with all other requirements of this chapter.

A properly issued surety company bond or negotiable surety;

A passbook account held in the joint names of the applicant and the Town; or

A binding agreement between the applicant and a lender providing for the lender's retention of sufficient funds and a schedule of disbursements upon milestones to completion.

The construction or alteration of a building or other structure thereon, including a driveway, for which a permit has been previously issued; or

The construction of a street or way thereon in a subdivision which has been previously approved, with or without conditions; or

No building or structure shall be erected, constructed, altered, enlarged or moved.

No landfill or dumping is allowed in any part of the district.

No drainage is allowed other than flood control works by an authorized public agency.

No damming or relocating of any watercourse is allowed except as part of an overall drainage basin plan.

No permanent storage of materials or equipment is allowed.

Conservation of water, plants and wildlife.

Recreation, including play areas, nature study, boating, fishing and hunting where otherwise legally permitted.

Grazing and farming, including truck gardening and harvesting of crops.

Forestry.

Underground telephone, telegraph, power and gas transmission.

Nonresidential uses such as barns, stables or kennels for shelter, breeding, boarding, hiring or sale of animals; storage of crops raised on the premises; boathouses, duck-walks and landings, including renting of boats or canoes and recreation equipment; sale of bait; temporary refreshment stands or stands for sale of produce raised on the premises, provided that any such building or structure permitted by the Board of Appeals shall be designed, placed and constructed to offer a minimum obstruction to the flow of water and shall be firmly anchored to prevent floating away and thus threatening other buildings and blocking of openings in restricted sections of the watercourse below.

Amusement enterprises, such as golf range, pony rides, race track, circus and carnivals, not including any permanent structures and subject to other Town bylaws and regulations.

Dams, changes in watercourses or drainage works, but only as part of an overall drainage basin plan constructed or authorized by a public agency.

Temporary storage of materials or equipment.

Driveway or road, provided that the Board of Appeals is satisfied that there will be adequate drainage and that such driveway or road will not interfere adversely with the natural flow of water in the area.

Residential use: if any land shown on the Zoning Map as being in the Conservancy District is proved to the satisfaction of the Board of Appeals, after reference of the proof to and report by the Planning Board and Board of Health, as being in fact not subject to flooding or not unsuitable because of drainage conditions for residential use, and if it is proved that the use of such land for residence will not interfere with the general purpose for which the Conservancy District has been established and will not be detrimental to the public health, safety or welfare, the Board of Appeals may permit the use of the land for single-family residence under all the provisions of this chapter applying to the R-2 Residence District.

Adequacy of access for emergency purposes, including fire, police and ambulance.

Lot size, frontage, yards and heights of buildings.

Convenience and safety of vehicular and pedestrian movement on the site, for the location of driveway openings in relation to street traffic and the impact of traffic generated by the facility.

Adequacy of arrangement and the number of parking and loading spaces in relation to the proposed uses of the premises.

Facilities for water supply, for sewage, refuse and other waste disposal and adequacy of other methods for waste disposal, surface and subsurface drainage.

There shall be no more than 2 means of access, whether by a subdivision way or a driveway, to the development site from any existing public way.

Such access points shall be located so as to minimize conflict with traffic on public streets and where good visibility and sight distances are available to observe approaching vehicular traffic.

The width of a driveway for one-way traffic shall be not less than 10 feet as measured at its narrowest point. The width of a driveway for 2-way use shall be a minimum of 18 feet and a maximum of 22 feet, as measured at its narrowest point.

Each parking space shall contain a minimum of 200 square feet.

All paved portions of all parking spaces and maneuvering aisles, with the exception of temporary parking spaces, shall be set back 10 feet from the wall of any building and 50 feet from any private or public way or neighboring lot line, with suitable plantings for screening.

All required parking spaces, maneuvering aisles and driveways shall have a durable, dustless, all-weather surface, such as bituminous concrete or cement concrete, and shall provide for a satisfactory disposal of surface water by grading and drainage in such a manner that no surface water shall drain onto any public way or onto any lot in other ownership, and such surfaces shall be well maintained.

Parking areas shall be provided with curbing, wheel stops or other devices to prevent motor vehicles from being parked or driven within required setback areas or onto required landscaped open spaces.

The name(s) and address(es) of the applicant and all legal and beneficial owners of the site; copies of all instruments, options, contracts or encumbrances affecting ownership of the development site; and an instrument executed by all persons owning property within the site agreeing that the development, as applied for, is desired.

All information required by the Planning Board regarding the training and experience of the applicant, his associates, professional advisers and contractors in the development and management of real estate, the construction of housing, including affordable and elderly housing, as well as their respective financial positions. Such information may include a list of all persons and organizations with which the applicant has been associated in the development of real estate during the past 10 years, including their addresses and the names of their principal officers, as well as all sources of credit upon which the applicant relies to acquire, develop and manage the development site. The applicant shall furnish copies of such transcripts, records, letters of intent, contracts, as well as all other documentation that the Planning Board may require to determine whether the applicant is qualified to undertake and complete the development proposed and whether his plan for financing the same is sound.

A map, to the scale required by the Planning Board, of the development site and the community surrounding the same to a distance of 1/2 mile showing all streets, Town-owned property and zoning classifications.

A plan, suitable for recording, of the development site, showing all existing and proposed contours, lot lines, easements, rights-of-way, roads, utilities, structures and improvements, parking areas, wetlands, land to be included in the C (Conservation) or O (Open Space) Zones, and any conservation easements or other restrictions. Such plan or supplemental information submitted therewith shall illustrate compliance with the applicable density requirements.

A plan or plans, to the scale required by the Planning Board, showing the topography of the site at a minimum of five-foot intervals, as well as vegetation and special features, including all woodlands, wetlands, groups of trees or individual trees worthy of preservation, rock outcroppings, significant slopes, trails and paths, flowing streams and drainageways, ponds, open vistas, structures of historical importance and biological or wild life habitats and proposed conservation and recreation easement areas, together with a proposal for the preservation of the foregoing.

Proposals for the disposition of sanitary waste and stormwater.

A model or plan illustrating landscaping and architectural design showing types, location and layout of buildings and typical elevations, as well as the general height, bulk and appearance of structures. Perspective drawings may be required.

Information, including proposed interior plans, indicating the number and type (affordable, elderly and/or market rate) of dwelling units proposed, the number of bedrooms planned and the anticipated sale or rental prices.

If the Special Permit provides for the construction of multifamily condominium dwelling units, a master deed suitable for recording by the applicant submitting to the provisions of MGL c. 183A, as well as a copy of the bylaws to be adopted by the organization of unit owners and a description of such organization.

Copies of all proposed covenants, easements and other restrictions which the applicant proposes to grant to the Town, the Conservation Commission, utility companies, any condominium organization and the owners thereof.

Copies of proposed deeds to affordable and elderly units, including provisions to ensure compliance with Subsection B(5) hereof.

A development schedule bearing the signature of the applicant, showing dates for:

Any and all other information that the Planning Board may reasonably require, including such information and plans required under the Board's Subdivision Control Regulations[3] as the Board shall designate, in a form acceptable to it to assist in determining whether the applicant's proposed development plan meets the objectives of this section.

In the discretion of the Planning Board, a requirement that, before commencing any work under the Special Permit, the applicant shall provide security, in the form of a deposit of money or negotiable instruments, a letter of credit or surety bond, sufficient, in the opinion of the Planning Board, to complete the project as authorized by the Special Permit or any severable portion of the project that the Planning Board concludes can be built consistent with the purposes of the Special Permit and this chapter. Such security shall be for the benefit of the Town of Dover. Upon failure by the developer to carry out any obligation or condition of the Special Permit, the Planning Board may, after notice to the applicant and opportunity for hearing, declare the project in default. Thereupon, the Town, to the extent permitted by law, may expend said funds without further appropriation and take all steps necessary to complete the project, or any part thereof that the Planning Board deems to be appropriate and consistent with the purposes of the Special Permit and this chapter and the protection of the neighborhood. Any funds not so used shall be paid to the applicant.

A requirement that any transfer of the development rights granted under the Special Permit to a person or entity other than the applicant shall require the approval of the Planning Board and an appropriate amendment of the Special Permit by the Planning Board, after a hearing in accordance with MGL c. 40A, § 9, and this chapter; provided, however, that nothing contained herein shall prevent a mortgage of the premises subject to the benefits and obligations of the Special Permit; and provided further that any mortgagee who acquires title to the premises by foreclosure or otherwise, shall have the right to complete the project in accordance with the Special Permit or to sell the land or any part thereof subject to the benefits and obligations of the Special Permit.

A requirement that the affordable and elderly units shall be maintained for such purposes for such period as the Planning Board shall designate; provided that such period shall be at least as long as may be required by any state or federal requirements, and in any event no less than 20 years.

A requirement that as-built drawings shall be filed with the Building Inspector upon completion of each stage of the development.

In the event of a violation of law, an unauthorized sale or lease of the development site, development that deviates from the final development plan, or if the applicant shall otherwise fall or neglect to comply with the conditions and safeguards imposed on the exercise of this Special Permit, the Building Inspector may deliver a stop order to the applicant or his agent by certified mail, return receipt requested, and by posting the same in a conspicuous location on said site. The order shall describe the nature of the violation and the date on which said order shall expire.

Any person who shall violate the provisions of a stop order shall be deemed in violation of this chapter.

Failure of the Town to deliver a stop order for any reason shall not prevent the Town from pursuing any other legal remedy permitted under law.

One seeking proposed Construction or other Development in the Floodplain District, including new Construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other Development that might increase flooding or adversely impact flood risks to other properties, must first obtain a Floodplain Permit from the Building Inspector in accordance with this Bylaw and applicable provisions of the State Building Code.

The Town's permit review process includes the requirement that the proponent obtain all local, state and federal permits that will be necessary in order to carry out the proposed Development in the Floodplain District. The proponent must demonstrate that all necessary permits have been acquired.

Maintenance and repair of existing Structures and improvement of existing Structures provided that any such improvement is either within the existing Structure or above the base flood elevation;

Maintenance, repair and replacement of existing Structures in a driveway or private way or in an associated easement. Structures referred to herein include banks, walls, culverts, bridges or similar Structures; and

Any activity, construction or installation conducted solely for the purpose of environmental clean-up or remediation, and required or approved by the United States Environmental Protection Agency or the Massachusetts Department of Environmental Protection.

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 by the Town 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 the Town's FIRM, 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.

Such proposals minimize flood damage;

Public utilities and facilities are located and constructed so as to minimize flood damage; and

Adequate drainage is provided.

On any existing monopole for which a Special Permit issued under this section is in effect; or

On an electric utility transmission tower provided that the new facility shall first obtain site plan approval from the Planning Board as specified in § 186-36; or

On an existing utility pole within a Town right-of-way, provided that the facility is a small wireless facility, the antenna is designed to appear like transformers that are located on other nearby utility poles, and the new facility shall first obtain site plan approval from the Planning Board as specified in § 186-36 as well as a "grant of location" from the Board of Selectmen in accordance with the provisions of MGL c. 166, § 22 (or any related or successor provisions thereto).

Only one such small wireless facility may be located on any utility pole.

Double poles shall not be eligible as the location of small wireless facility.

Height, ground-mounted facilities. Any applicant for a Special Permit for the placement, construction or modification of a personal wireless service facility shall demonstrate to the SPGA that the location of the proposed facility complies with all of the requirements of this section and, furthermore, that the size and height of the proposed facility is the minimum necessary for its intended purpose utilizing topographical advantage where possible. In any event, the maximum height of such a facility shall not exceed 190 feet.

Height, side- and roof-mounted facilities. Side- and roof-mounted personal wireless service facilities shall not project more than 10 feet above the height of an existing building or structure nor project more than 10 feet above the height limit of the zoning district within which the facility is located, except for a facility which is to be located on a preexisting, nonconforming building or structure for which the necessary zoning relief to extend, alter or change the building or structure in accordance with MGL c. 40A, § 6, has been issued.

Height, preexistent structures. New antennas located on any of the following preexistent structures shall be exempt from the height restrictions of this section provided that there is no increase in height of the preexistent structure as a result of the installation of a personal wireless service facility; guyed towers and monopoles.

Height, preexistent structures (utility). New antennas located on electric transmission and distribution towers shall be exempt from the height restrictions of this section provided there is no more than a 20-foot increase in the height of the original, preexistent structure as a result of the installation of a personal wireless service facility. New antennas located on utility poles within a Town right-of-way shall be exempt from the height restrictions provided there is no more than a 10- foot increase (including antenna) in the height of the original, preexistent structure as a result of the installation of a personal wireless service facility. In no case shall the height increase for a utility pole result in a total height above ground level more than 43 feet.

The minimum distance from the base of any ground-mounted personal wireless service facility to any property line shall be 2.5 times the height of the facility/mount, including any antennas or other appurtenances from the property line. In addition, a minimum setback of 300 feet from any habitable dwelling or business is required.

In the event that a preexistent structure is proposed as a mount for a personal wireless service facility, the setback provisions of the zoning district shall apply; provided, however, that in the case of the preexistent nonconforming structures, personal wireless service facilities and their equipment shelters shall not increase any nonconformities.

When a personal wireless service facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind preexistent architectural features to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette.

Personal wireless service facilities which are side-mounted shall blend with the preexistent building's architecture and, if over 5 square feet, shall be shielded with material which is consistent with the design features and materials of the building.

Personal wireless service facilities which are side-mounted on buildings shall be painted or constructed of materials to match the color of the building material directly behind them.

To the extent that any personal wireless service facilities extend above the height of the vegetation immediately surrounding it, they can be painted in a light gray or light blue hue which blends with sky and clouds.

A survey of all preexistent structures that may be feasible sites for collocating personal wireless service facilities;

Contact with all other licensed carriers for commercial mobile radio services operating in the Commonwealth of Massachusetts; and

Sharing information necessary to determine if collocation is feasible under the design configuration most accommodating to collocation.

Change in the number of carrier facilities permitted on the site; or

Change in technology used for the personal wireless service facility that results in a change in appearance, an increase in the level of radio frequency radiation or an increase in the noise level.

Removal of antennas, mount, equipment shelters and security barriers from the subject property.

Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.

Restoring the location of the personal wireless service facility to its natural condition, except that any landscaping and grading shall remain the after-condition.

Pursuant to the site plan review process, the project applicant shall provide the following:

The Planning Board may waive documentary requirements as it deems appropriate.

Setbacks. For large-scale ground-mounted solar photovoltaic installations, front, side and rear setbacks shall be 40 feet.

Appurtenant structures. All appurtenant structures to large-scale ground-mounted solar photovoltaic installations shall be subject to applicable 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 screened from view by vegetation and/or joined or clustered to avoid adverse visual impacts.

Lighting. Lighting of solar photovoltaic installations shall be consistent with local, state and federal law. Lighting shall be limited to that required for safety and operational purposes, and shall be shielded from abutting properties. Lighting of the solar photovoltaic installation and site shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.

Signage.

Utility connections. Reasonable efforts, as determined by the Planning Board during site plan review, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

Emergency services. The large-scale solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local fire chief. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the large-scale ground-mounted solar photovoltaic installation or otherwise prescribed by applicable laws, regulations, and bylaws.

Solar photovoltaic installation conditions. The large-scale ground-mounted solar photovoltaic installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, site landscaping and integrity of security measures. Site access shall be maintained to a level acceptable to the Fire Chief and Emergency Medical Services. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s), unless accepted as a public way.

Modifications. All material modifications to a solar photovoltaic installation made after issuance of the required building permit shall require approval by the Planning Board as a modification of the site plan.

Removal requirements.

Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board.

Buildings, roads, driveways, sidewalks and parking areas shall be laid out so as to leave undisturbed, as much as possible, the environmental and historical features of the property such as natural woodlands, streams, marshes, hill tops, ravines, biological habitats of special interest, views of unusual charm, existing bridle paths, trails and green belt links.

Buildings, roads, driveways, sidewalks and parking areas shall be laid out so as to provide for the convenience and safety of vehicular and pedestrian movement. A paved pedestrian network shall connect parking to the entries of all buildings.

The first floor of any level shall have sufficient landscaping to screen interior infrastructure.

A 50-foot setback or buffer area is required around the perimeter of the development site and shall consist, to the extent possible, of natural woodland. Grass and mounds shall be approved buffer material, provided that suitable indigenous shrubs and other plant materials are used for screening.

All plantings added to the property shall include species that are native or adapted to the region. Plants on the Massachusetts Prohibited Plant List, as may be amended, shall be prohibited.

Surface parking abutting a public sidewalk or road shall be screened by a landscaped buffer of sufficient width to allow the healthy establishment of trees, shrubs, and perennials, but no less than six feet. The buffer may also include a fence or wall of no more than six feet in height.

There shall be provided a permanent off-street parking area or areas, surface or undercover, of sufficient size to provide two car spaces for each dwelling unit, with such additional guest parking space(s) as may be approved by the Planning Board, equivalent to no more than 2.5 car spaces for each dwelling unit.

Each parking space shall contain a minimum of 200 square feet.

Parking shall be located to the rear or side of the buildings and shielded from the public way and abutting properties.

There shall be no more than a total of two means of access, whether by a subdivision way or a driveway, to the MCMOD from any and all existing public ways.

If more than one Multi-Family Housing development is developed within the MCMOD, there must be internal circulation such that all multi-family units in the district can be reached from the same means of access.

Such access points shall be located so as to minimize conflict with traffic on public streets and where good visibility and sight distances are available to observe approaching vehicular traffic. The Chief of Police and the Director of Public Works shall review and approve plans to this effect as part of Site Plan Review.

All paved portions of all parking spaces and maneuvering aisles shall be set back 10 feet from the wall of any building and 50 feet from any private or public way or neighboring lot line, with suitable plantings for screening.

All required parking spaces, maneuvering aisles and driveways shall have a durable, dustless, all-weather surface, such as bituminous concrete or cement concrete, and shall provide for a satisfactory disposal of surface water by grading and drainage in such a manner that no surface water shall drain onto any public way or onto any lot in other ownership, and such surfaces shall be well maintained, per Chapter 159 Stormwater Bylaw and Regulations.

Parking areas shall be provided with curbing, wheel stops or other devices to prevent motor vehicles from being parked or driven within required setback areas, sidewalks or onto required landscaped open spaces.

Mechanical equipment at ground level shall be screened by a combination of fencing and plantings. Rooftop mechanical equipment shall be screened if visible from a public way or abutting property.

Dumpsters shall be screened by a combination of fencing and plantings. All dumpsters and access to them will be designed to be animal resistant.

Lighting of parking areas shall be designed to provide sufficient uniform illumination with low glare factor and use LED lamps. The mounting heights for the equipment shall be appropriate for the architectural scale of the buildings. All lights shall be arranged and shielded to prevent overspill onto buildings within the development and onto adjacent properties, sidewalks and streets.