Framingham City Zoning Code

To hear and decide appeals in accordance with MGL c. 40A, § 8, including the following:

To hear and decide applications for special permits upon which the ZBA is empowered to act, in accordance with the provisions of § 435-46 of this chapter.

To hear and decide applications for special permits, in accordance with the provisions of § 435-46, for the establishment of temporary structures and uses that do not conform to the uses and regulations herein prescribed, with such conditions as will protect the community, provided that no such permit shall be for more than a one-year period.

To hear and decide petitions for variances as set forth in § 435-48 of this chapter.

Special permits that require the Planning Board to be the SPGA. Prior to the filing of an application for a special permit, the petitioner shall also meet with the Technical Review Team (TRT) after having submitted to the TRT a cover letter enclosing site plans, colored renderings, and any other documentation prepared for the project, which shall be known as a "TRT preliminary review package," used to assist in the review of the project prior to the official filing. Within two weeks of having received the TRT preliminary review package, the TRT shall hold a preliminary project review meeting (PPRM) with the petitioner to review and discuss the proposed application. A TRT report shall be provided to the petitioner and the SPGA as determined in § 435-46B(1). The TRT report shall include, but shall not be limited to, a list of submitted documents, the minutes from the TRT PPRM, and comments/recommendations for the proposed project.

Special permits that require the Zoning Board of Appeals to be the SPGA.

One original copy of the application(s);

Full- and half-size paper site plans that have been prepared by a professional engineer and/or land surveyor registered in the Commonwealth of Massachusetts (plans must be signed and stamped);

Full- and half-size paper architectural plans prepared by a professional engineer and/or professional architect registered in the Commonwealth of Massachusetts (plans must be signed and stamped). Architectural plans shall bear the seal of the registered design professional unless exempted by MGL c. 143, § 54A;

Copies of supporting documentation (number determined by the SPGA);

Any other documentation specified in the SPGA rules and regulations; and

One electronic copy of all materials submitted, all of which shall be known as the "application package." If the submitted documentation has been deemed complete with the SPGA, the SPGA will file one copy of the application with the City Clerk.

Prior to the first public hearing, the TRT shall hold a second plan review meeting, if applicable. A TRT report shall be generated and submitted to the SPGA as part of the record.

When a petitioner provides revised/modified plans and/or documentation for a project, the petitioner shall provide the revisions to the SPGA a minimum of five business days prior to the next scheduled public hearing for the project. The petitioner shall provide either a written description highlighting the changes made to the plan and/or a marked-up version of the site plans to easily identify changes made since the last edition.

Questions, comments, and/or modifications from the TRT, Building Commissioner and other appropriate departments, boards, and offices shall be provided to the SPGA within 35 days. The SPGA shall not close a public hearing until all TRT departments have provided questions, comments, modifications, and/or statements of no comment, or until the thirty-five-day comment period has lapsed, whichever is sooner.

Public hearing. The SPGA shall hold a hearing on said application in accordance with MGL c. 40A, §§ 9 and 11, within 65 days of filing with the City Clerk.

Notice and publication of public hearing. Notice of such hearings shall be published and mailed in accordance with MGL c. 40A,§ 11, and § 435-44 of this chapter, in addition to any other parties that the SPGA deems appropriate for notification, including the City Councilor in the respective district in which the project is located and the two City Councilors-at-large.

Audio/video recording of the public hearing. The SPGA shall make an audible audio and/or video recording of all its proceedings and deliberations. Such recordings shall be kept in the offices of the SPGA and/or by the City for a period of two years and shall be made available to any person for listening, viewing, and/or copying purposes during regular business hours in the offices of the SPGA.

Minutes. The SPGA shall also keep a detailed written record of the proceedings as required by law. Copies of the minutes shall be filed with the City Clerk within 14 days. A copy of the minutes shall be posted to the City's website upon filing them with the City Clerk.

Notice of decision.

The property and the neighborhood are appropriate for such a use and/or structure.

The use and property can support and/or will provide adequate and appropriate facilities for the proposed use, and that the special permit application meets the dimensional requirements set forth in § 435-27, unless a dimensional variance is granted. The use and property shall provide safe and viable access to and from the site, and be consistent with the Master Land Use Plan and other City plans.

The use and/or structure(s) as developed will not create a hazard to abutters, pedestrians, vehicles, and/or the environment.

The use and/or structure(s) are consistent with the intent of the zoning district as outlined in § 435-6, and with the purpose and intent of appropriate sections associated with the special permit application.

The utilities and other public services to the site are adequate.

The use and/or structure(s) will not create an undue burden on abutting properties, the neighborhood, and/or the City.

Traffic and pedestrians can access and circulate the project safely without conflict.

The use and/or structure will not have substantial adverse impacts to the natural environment, the historic character of the neighborhood, and/or the visual environment.

The petitioner provides proper mitigation for impacts to traffic, infrastructure, municipal services, and/or undue impacts created in § 435-46C(1)(f).

Screening and buffering of the use, structures, and/or other parts of the premises for the purposes of safety, light and/or noise pollution, stormwater runoff/erosion, etc., through the use of fences, plantings, and/or other buffering techniques.

Requirements that front, side, and/or rear setbacks be greater than the minimum requirements as provided in § 435-27.

Modification of the exterior features, facade, and/or appearance of the structure.

Limitation of size, number of occupants, method or time of operation, and/or extent of facilities.

Regulation of number, design, and/or location of access drives or other traffic features.

Provision of a bond and/or other security to insure compliance with the conditions of authorization.

Mitigation of traffic and/or infrastructure mitigation to ensure that the petitioner properly mitigates its impacts on the City and/or neighborhood.

Inclusion of information and/or conditions prepared by a peer review consultant ensuring the project is consistent with this chapter, the requirements of the City, and that the petitioner mitigates its impacts on the City and/or neighborhood.

Promote site design that is consistent with the Framingham Master Land Use Plan;

Create walkable and bicycle-friendly environments which are safe and accessible for all users, thereby decreasing dependency on the personal automobile;

Encourage and utilize the use of low-impact development techniques, alternative energy sources, and best management practices to create a sustainable site and neighborhood;

Minimize the impacts on traffic and municipal infrastructure;

Promote designs that create visual cohesiveness with the surrounding neighborhood while establishing a neighborhood community;

Protect historic buildings and neighborhoods; and

Establish and sustain a high-quality level of development throughout Framingham.

All expansions of existing nonresidential or multifamily structures which result in a total floor area between 3,000 gross square feet and 8,000 gross square feet;

All modifications to properties with prior site plan approval that have not been determined to be an insignificant field change;

Construction or expansion of a parking lot that results in a total of more than five parking spaces for a nonresidential or multifamily structure or purpose;

All new construction or expansion, alteration, or enlargement of only a parking facility, off-street loading facility, and/or a facility for the storage or sale of any type of new or used vehicles, including construction vehicles, truck trailers and/or any vehicle that requires licensing by the Commonwealth of Massachusetts; or

Any new structure or alteration of an existing structure or change of use in any structure for an entity claiming exception under MGL c. 40A, § 3. Site plan review shall be limited in such circumstances to the imposition of reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements;

All marijuana retailers, marijuana cultivators, and marijuana product manufacturers.

All construction of a new nonresidential or multifamily structure or group of new structures;

All expansion of an existing nonresidential or multifamily structure which results in a total greater than 8,000 gross square feet of floor area;

All projects with new or existing drive-thru facilities;

Commercial ground-mounted solar photovoltaic renewable energy installations; or

All new mixed use and new mixed-use complex projects. For purposes of this § 435-47, the calculation of increase in floor area shall be based on the aggregate of all new structures, improvements, alterations or enlargements, calculated from the date of enactment of this section.

Threshold for minor site plan review.

Threshold for major site plan review.

The adequacy of the data and the methodology used by the applicant to determine impacts of the proposed project;

The effects and impacts of the project on Framingham, neighborhood, and within the purview of the commenting municipal board, department, and/or commission; and

The municipal department, board, and/or commission's recommended conditions or remedial measures to accommodate or mitigate the expected impacts of the project.

For minor site plan review in the CB District, the Planning Board shall review and render a decision within 60 days of receiving a complete application package as required. Through the mutual consent of the Planning Board and the applicant, the Planning Board may grant extensions of time.

For major site plan review in the CB District, the Planning Board shall review and render a decision within 90 days of receiving a complete application package as required. Through the mutual consent of the Planning Board and the applicant, the Planning Board may grant extensions of time.

If a project receives a variance from the Zoning Board of Appeals after Planning Board approval, the project shall be resubmitted to the Planning Board for amendment of the approved site plan.

A written statement outlining the estimated time required to complete the proposed project, expected start of construction, and all phases thereof.

A written summary, where appropriate, detailing the following:

Drainage calculations prepared by a professional engineer registered in the Commonwealth of Massachusetts. Storm drainage design must conform to the requirements set forth by the MassDEP Stormwater Management Standards and Department of Public Works, using best management practices. Furthermore, the report may include City, state, and federal requirements or established standards for implementing best management practices for stormwater management.

A written summary containing the urban design objectives narrative which provides a description of how the project will be designed to encourage complete streets, including transit access and pedestrian and bicycle amenities, and their potential connections to Framingham's bicycle and pedestrian system.

A written summary which outlines proposed best management practices, low-impact development (LID) features, and energy-efficient features utilized on-site.

A written summary of the design and location of proposed mechanical equipment, including HVAC equipment; noise levels related to mechanical equipment; information regarding possible future expansion, if relevant; location and operation of trash storage and removal systems; location and operation of loading facilities, measures taken to minimize the negative visual and noise impacts of such facilities on abutters; and hours of operation for each proposed use.

A written report of the existing and/or proposed sewer service infrastructure on-site and connection points. The report shall include a detailed description of the conditions of the pipes; a video inspection where appropriate and/or necessary; a detailed description of the anticipated impact of the project on the City's sanitary, stormwater, and sewer infrastructure. Where such determinations cannot be made at the time of application, the report shall indicate what investigations must be undertaken by the applicant to make such determinations; also, a time line for completion of the report shall be submitted for review by the Department of Public Works.

A written report of any proposed blasting or soil compaction activities that will take place during construction activities. The report shall include methods of abutter notification, methods for testing and data collection, and a summary of how real property damage will be investigated.

A written summary of water service infrastructure detailing the anticipated impact of the project on the City's water delivery infrastructure and supply. The summary shall indicate the likely improvements to infrastructure that are necessary to accommodate the identified impacts. Where such determinations cannot be made at the time of application, the report shall indicate what investigations must be undertaken by the applicant to make such determinations; a time line for completion of the report shall be also submitted for review by the Department of Public Works.

A written parking impact report shall be submitted, detailing the existing and proposed parking for the project, including the following:

A written traffic impact report shall be submitted for all projects requiring major site plan review. This report shall include existing pedestrian and vehicular traffic volume, composition, peak-hour levels, existing street and sidewalk capacity, and analysis of existing and resulting level of services (LOS) for the following:

A written environmental impact report, including a stormwater report, and a stormwater management system maintenance report, shall be submitted for projects requiring major site plan review, new construction of a building of any size, and/or installation of a stormwater management system. The report should include:

Bicycle infrastructure shall be incorporated into the site design when deemed necessary by the Planning Board. The site plan shall provide for safe vehicular and pedestrian movement within the site and to adjacent ways, including sidewalks, crosswalks and the like.

All pedestrian walkways on-site shall abide by regulations prescribed in the Americans With Disabilities Act regarding handicapped access.

A pedestrian walkway having a minimum width of six feet shall be integrated into, and shall be in addition to, any required landscaped areas adjacent to buildings.

The design of the project shall minimize the visibility of visually degrading elements such as trash collectors, loading docks, etc. All utilities within the property boundaries that are intended to serve the project shall be placed underground. If waste or refuse disposal areas are located outside of any existing or proposed building, the waste and refuse shall be placed in a container kept fully closed. Such containers shall be surrounded entirely by solid fencing or other material as approved by the Planning Board and incorporated into the site design and landscaping. Adequate waste and refuse facilities shall be provided for all proposed uses and shall not impede pedestrian or vehicular circulation.

Where possible, public amenities shall be incorporated into the site design.

The snow storage area(s) shall be located so as not to encroach upon or obstruct any sidewalks or walkways or parking spaces, interior travel lanes or lot ingress/egress, inhibit site visibility, reduce the recommended minimum stopping sight distances or turning radii at any point on the site, or obstruct or encroach upon fire lanes or emergency access points.

Building placement for new construction. The placement of buildings shall reinforce the street wall where applicable, maximize visibility, and facilitate pedestrian access and circulation. The first floor of buildings shall be situated as close to a roadway as possible, while conforming to the dimensional regulations set forth in § 435-27 of this chapter. The area between the building and the front lot line shall include amenities such as landscaping, tables and seating, and/or other pedestrian amenities. Buildings shall be oriented so that at least one principal entrance faces the public street rather than the interior of the site.

The site design and building design shall relate harmoniously to the historical character, unique physical characteristics, and natural resources of the surrounding neighborhood.

Historic, traditional, or significant uses, structures, or architectural elements on an existing building shall be preserved where possible and any removal or disruption shall be minimized.

The structures shall be designed to be free from light shadows that would otherwise impact existing structures adjoining the project. Any project within the Central Business District shall be exempt from this standard.

Building design shall provide visual interest and avoid monotony and repetition relative to adjacent or nearby structures. The architecture shall be designed to provide variation and interest through the use of color, building material, detail, breaks in roof and wall lines, windows, porches, detailed cornices, substantial roof overhangs, dormers, screenings and/or other architectural elements. Windows and exterior doors shall be consistent and compatible with the materials, style, and color of the building, and shall be designed to give the facade a sense of balance, proportion, and significance. For residential projects, traditional materials such as wood and masonry are strongly encouraged for exterior facades.

Parking facilities shall be located behind buildings where possible.

The applicant shall construct and/or repair sidewalks along the street frontage of the property as part of the project. The sidewalk shall be designed to meet the required ADA standards for all users.

The applicant shall provide a buffer strip between the roadway and sidewalk where feasible.

Stormwater drainage systems shall incorporate LID techniques and best management practices to achieve sustainability objectives outlined in the Master Land Use Plan.

The utilities shall employ energy-efficient devices and techniques in accordance with the State Building Code, which may include but is not limited to Energy Star^®, LED lighting, LEED both for individual residences and development to achieve sustainability.

Electric, telephone and other utility lines and equipment, such as water, sewer or gas, shall be coordinated together and placed underground and located to eliminate all adverse impacts on the groundwater levels. The proposed method of sanitary sewage disposal and solid waste disposal from all buildings shall be precisely indicated on the plans.

In any district where a front setback is required, landscaped open space a minimum of 10 feet in depth shall be provided along the entire width of the lot at the front lot line. On corner lots located in any district where a front setback is required, landscaped open space a minimum of 10 feet in depth shall be provided along the entire width of the lot at the front lot line for both frontages. Said strip may be interrupted by necessary vehicular and walkway entrances and exits.

In any district where a nonresidential use abuts or faces a residential zoning district or a single-family or two-family use, a landscaped open space buffer at a minimum depth of 15 feet shall be provided and maintained in order to separate, both physically and visually, the residential use from the nonresidential use, except in the Central Business (CB) or Neighborhood Business (B-1) District, where such minimum open space depth shall be 20 feet. The landscaped open space buffer strip shall be continuous except for required vehicular access and pedestrian circulation.

The buffer strip shall include a combination of deciduous or evergreen trees and lower-level elements such as shrubs, hedges, fences, and/or brick or stone walls. When necessary for public safety or to prevent adverse impacts on neighboring properties, the Planning Board may require that the buffer strip contain opaque screening.

The minimum distance between trees (trunk-to-trunk) shall be 20 feet to 30 feet, depending upon the tree species and other local conditions.

Arrangement may include planting in linear, parallel, serpentine, or broken rows, as well as the clustering of planting elements.

When used in required landscaping or buffers, mulch shall be limited to bark mulch and decorative stone, or equivalent materials. No more than 25% of the coverage of the landscaped area shall be mulch or nonliving material.

Landscaped areas at least 10 feet in depth shall be provided adjacent to buildings on every side of such building that has a public access point. However, in no case shall any parking space or vehicle travel lane be located less than five feet from the building.

Landscape buffers should, to the greatest extent possible, serve as usable open space, providing an environment for pedestrian access between uses. Therefore, buffers shall be designed to include appropriate means of pedestrian access and crossing, both along the landscape area and across the buffer. Buffers and screens shall provide for appropriate hardscape pedestrian access points and walkways where property lines abut roadways.

The design of the project shall minimize the area over which existing vegetation is to be removed. Tree removal shall be minimized and, if established trees are to be removed, special attention shall be given to the planting of replacement trees.

Landscaping shall be consistent with Chapter 525, Planning Board Rules and Regulations, related to landscape design guidelines.

Minimizes obstruction of scenic views from publicly accessible locations;

Minimizes impacts to important natural or historical features;

Screens objectionable features such as large blank walls, open dumpster, loading or storage areas, from neighboring properties and roadways;

Blends and harmonizes with the architectural style of the adjacent buildings and immediate neighborhood;

Provides consistency with the architectural style, scale, density, massing and setbacks if located within a National Historic District and/or local historic district;

Promotes architectural consistency using general design that is relevant to the significance of the site, building or structure, arrangement and texture, materials and color of the features involved and the relation of each feature to similar features of building and structures in the immediate neighborhood and surrounding area; and

Demonstrates appropriateness relative to the size and shape of the buildings or structures both in relation to the land area upon which the building or structure is situated and to the adjacent buildings and structures within the neighborhood.

Minimizes vehicular traffic and safety impacts of the project on adjacent highways and roads;

Provides adequate and appropriate facilities for the proper operation of the proposed use, including adequate off-street parking. Adequacy of proposed off-street parking facilities shall be determined by the Planning Board, in accordance with the provisions of §§ 435-23, 435-24, and 435-25 of this chapter;

Maximizes the convenience and safety of vehicular, bicycle, and pedestrian movement within the neighborhood and site;

Minimizes adverse impacts on neighborhood on-/off-street parking and includes incentives for the use of alternatives to single-occupant vehicles; and

Reviews all intersections and roadways projected to receive at least 5% of the expected traffic generated by the project, either based upon the total anticipated peak-hour traffic generated by the proposed project or based upon the total anticipated average daily traffic counts generated by the proposed project, to ensure that said intersections and roadways shall operate at a Level of Service of "B" or better for rural, scenic and residential streets and for all new streets and intersections to be created in connection with the project and Level of Service (LOS) "D" or better for all other streets and intersections. The applicant shall mitigate all derogation in LOS caused by the project through traffic improvements or cash payment for mitigation procedures to be conducted by the City. The applicant shall provide an itemized list of necessary traffic improvements to bring the LOS as stated herein. For projects that cannot adequately mitigate their impacts on the LOS due to the size of the project, the applicant shall contribute a cash payment determined by the Planning Board, to be used for future reconstruction and/or construction of the impacted roadway(s).

The project shall not create any significant emission of noise, dust, fumes, noxious gases, radiation, or water pollutants, or any other similar significant adverse environmental impact. The applicant may be required to submit data, reports, or other information sufficient to demonstrate compliance with this requirement.

The project shall not increase the potential for erosion, flooding or sedimentation, either on-site or on neighboring properties; and shall not increase rates of runoff from the site to the satisfaction of the City Engineer and Department of Public Works. Provision for attenuation of runoff pollutants and for groundwater recharge shall be included in the proposal. The project shall comply with Massachusetts Department of Environmental Protection's (DEP's) Stormwater Management Standards, 310 CMR 10.00.

Minimizes adverse air quality impacts, noise, glare, and odors;

Does not create a hazard to abutters, vehicles, or pedestrians; and

Provides for appropriate handling and disposal of hazardous materials and transmissions.

Is served with adequate water supply, wastewater systems, and solid waste disposal systems;

Is within the capacity of the City's infrastructure as defined by the water, sewer and Department of Public Works infrastructure;

Includes measures to prevent pollution of surface water or groundwater, minimizing erosion and sedimentation, as well as measures to prevent changes in groundwater levels, increased runoff, and potential for flooding; and

Demonstrates an effort to conserve energy and water.

Demonstrates consistency with the land-use goals of the municipal Master Land Use Plan.

Minimizes adverse impacts to open space usage and retention and is integrated into the natural landscape. Minimizes adverse environmental impacts to such features as wetlands, floodplains, and aquifer recharge areas and minimizes tree, vegetation, and soil removal, and grade changes; and

Proposes a landscape design that favors native and drought-tolerant species and avoids invasive plants.

The Planning Board may reject a site plan that fails to furnish adequate information required by this section;

The Planning Board may reject a site plan where, although proper in form, the plan depicts a use or structure so intrusive on the needs of the public in one regulated aspect or another that rejection by the Planning Board would be tenable.

Prior to the filing of a petition for a variance, the applicant shall submit a building permit application and plans to the Building Commissioner, who shall advise the applicant, in writing, as to the sections of this chapter with which the application and plans are not in compliance. The applicant shall then file six copies of an appeal or petition for a variance with the City Clerk, who shall forthwith transmit copies of the application and accompanying plans to the ZBA, Planning Board, and Building Commissioner. The Planning Board may, within 21 days of the date of filing with the City Clerk, submit a report to the ZBA containing recommendations and reasons therefor to aid the ZBA in judging the application. The ZBA shall not hold a hearing or render a decision on any appeal or petition for a variance until said report has been received and considered or until the twenty-one-day period has expired, whichever is earlier. Failure of the Planning Board to submit said report within the specified time period shall be deemed lack of opposition thereto.

Petitioning for a variance under the procedures of this section and a subsequent approval of such variance by the ZBA does not supersede the requirement to obtain a special permit for off-street parking, as applicable, under the procedures of §§ 435-23, 435-24, 435-25 and 435-46 of this chapter.

The decision of the ZBA shall be made within 100 days of the date of filing of any petition for a variance with the City Clerk. The concurring vote of all of the members of the Board shall be necessary to render a decision on any petition for a variance.

The Board shall make an audible audiotape recording of all its proceedings and deliberations. Such recordings shall be kept in the offices of the ZBA for a period of two years, and shall be made available to any person for listening or copying purposes during regular business hours in the offices of the ZBA.

The ZBA shall also keep a detailed written record of the proceedings as required by law, copies of which shall be filed within 14 days with the City Clerk, and notices of decisions sent to the appropriate persons as required in MGL c. 40A, § 15. Said notices shall set forth the nature and vote of the decision, the reasons therefor, and any conditions and safeguards prescribed by the ZBA in said decision. Notice of the nature and vote of the decision shall also be published once by the ZBA in a newspaper of general circulation in the City, at the expense of the applicant, said publication to occur no more than 12 calendar days after the filing of the decision with the City Clerk. Said notices shall also be mailed to the City Councilor in the respective district in which the project is located, and the two City Councilors-at-large.

A variance may be issued for new construction and substantial improvement to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing buildings constructed below the base flood level, in conformance with Subsection C above and in conformance with Subsections D(1)(b), (c), and (d) below.

The granting of the variance shall not result in increased flood heights, additional threats to public safety, or extraordinary public expense; create nuisances; cause fraud on or victimization of the public; or conflict with state or local laws or ordinances.

A variance may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

The ZBA shall notify the applicant, in writing, that the issuance of a variance to construct a building below the base flood level and/or lacking adequate floodproofing will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and that such construction increases risks to life and property.