Franklin City Zoning Code
ARTICLE V
Special Regulations
§ 185-18 Nonconforming buildings, structures, and uses.
[Amended 12-17-2008 by Bylaw Amendment 08-628]
Preexisting nonconforming buildings, structures and uses may be continued, subject to the following:
A.
Change, extension or alteration of nonconforming buildings.
(1)
The Building Commissioner may permit a proposed extension, alteration, or change to a preexisting nonconforming single- or two-family dwelling, if he or she determines that there will be no increase to the nonconforming nature of said building. A proposed extension, alteration, or change shall be deemed not to increase the nonconforming nature of said building if:
(a)
The building is located on a lot with insufficient area, but the proposed extension, alteration, or change complies with all other current setback, yard, and building height requirements.
(b)
The building is located on a lot with insufficient frontage, but the proposed extension, alteration, or change complies with all other current setback, yard, and building height requirements.
(c)
The building already encroaches upon one or more required yard or setback areas, but the proposed extension, alteration, or change will comply with the appropriate setbacks for the proposal and all other current setback, yard and building height requirements that the original lot complied with.
(2)
Any proposed extension, alteration, or change to a preexisting nonconforming single- or two-family dwelling that the Building Commissioner determines will increase the nonconforming nature of such building shall require the granting of a special permit from the Board of Appeals. The Board of Appeals may grant a special permit if it determines that such extension, alteration, or change will not be substantially more detrimental to the neighborhood than the existing nonconforming building.
(3)
Other preexisting nonconforming buildings or structures may be extended, altered, changed, or demolished and reconstructed, upon the granting of a special permit from the Board of Appeals if the Board of Appeals finds that such extension, alteration, change, or demolition and reconstruction will not be substantially more detrimental to the neighborhood than the existing nonconforming building or structure.
[Amended 10-21-2015 by Bylaw Amendment 15-752]
B.
Changes to nonconforming use.
(1)
Any nonconforming use of a building or structure may be changed to another nonconforming use, provided the changed use is not a substantially different use, except as provided in Subsection B(2) below, and approval for the change is granted by a special permit for an exception by the Board of Appeals. For the purpose of this section, a "substantially different use" is a use which by reason of its normal operation would cause readily observable differences in patronage, service, physical appearance, noise, employment or similar characteristics from the existing nonconforming use or from any permitted use in the zoning district in which the subject property is located.
(2)
Any nonconforming use that is changed to a conforming use shall not thereafter be changed to a nonconforming use.
C.
Restoration. Any preexisting nonconforming building or structure may be reconstructed if damaged or destroyed by fire or other accidental or natural cause, provided that said reconstruction is completed within a period of two years following date of the initial loss.
D.
Abandonment. A nonconforming use, which has been abandoned or discontinued for a period of two years, shall not be reestablished, and any future use of the premises shall conform to this chapter.
§ 185-19 Accessory buildings and structures.
[Amended 10-18-1995 by Bylaw Amendment 95-302; 10-11-2017 by Bylaw Amendment 17-797; 8-8-2018 by Bylaw Amendment 18-811]
A.
Purpose. The purpose of this bylaw is to provide for the reasonable regulation and control of accessory buildings and structures within the Town of Franklin in order to protect the health, safety, and welfare of its residents, without unduly restricting the conduct of lawful enterprise.
B.
Setback requirements and height restrictions. The following setbacks shall apply to all accessory buildings and structures, unless otherwise regulated in other sections of Chapter 185:
(1)
No accessory building or structure shall be located within a required front yard setback. Lots having frontage on any street will maintain the front yard setback from all street frontage.
(2)
No accessory building or structure shall be located in any side yard area nearer to the side lot line than 10 feet in any zoning district.
(3)
No accessory building or structure shall be located in a rear yard nearer to the rear lot line than 10 feet.
(4)
No accessory building or structures shall be less than a distance equal to the common building height to common grade to any rear or side lot line.
(5)
No accessory buildings or structures of any size shall be closer than 10 feet to any principal building, or other accessory building or structure.
(6)
Accessory dwelling units within a detached building shall be located no closer to rear or side lot lines than stated in § 185-19B(1) through (5) above, or as stated in 185 Attachment 9, Schedule of Lot, Area, Frontage, Yard and Height Requirements, whichever is greater.
[Added 7-19-2023 by Bylaw Amendment 23-896]
C.
Swimming pools. The setbacks for swimming pools shall meet those of the accessory structure including pool equipment, i.e., pumps, heaters, etc., in the section noted above. In the case of a corner lot, the pool and the equipment must meet the front yard setback for that zone.
Swimming pools are accessory structures whether in-ground, above-the-ground or on-the-ground. To get an accurate measurement, above-the-ground pools should be measured from the outside of the pool including any decking and related equipment; in-ground pools should be measured from the outside edge of the pool or coping including equipment. |
E.
Ground-mounted solar energy systems. The following restrictions are additional to setback and height requirements outlined in § 185-19B above:
(1)
Planning Board site plan review is required of all medium-scale ground-mounted solar energy systems.
(2)
No accessory ground-mounted solar energy systems on parcels within or adjacent to residential zoning districts shall be located in any side or rear yard area nearer to the lot line than 20 feet.
(3)
No accessory ground-mounted solar energy system shall be more than 15 feet in height, measured from the common grade.
§ 185-20 Signs. [1]
[Amended 1-10-1990 by Bylaw Amendment 89-172; 3-18-1992 by Bylaw amendment 91-222; 1-4-2006 by Bylaw Amendment 05-582; 3-21-2012 by Bylaw Amendment 12-672; 2-6-2013 by Bylaw Amendment 12-696; 12-17-2014 by Bylaw Amendment 14-743; 1-30-2019 by Bylaw Amendment 18-822R; 3-13-2019 by Bylaw Amendment 19-832; 2-5-2024 by Bylaw Amendment 24-919; 2-5-2024 by Bylaw Amendment 24-920; 10-22-2025 by Bylaw Amendment 25-934]
A.
Purpose.
The purpose of this bylaw is to provide for the reasonable regulation and control of billboards, signs, and other advertising devices within the Town of Franklin in order to protect and enhance the appearance of the Town, as well as the health, safety, and welfare of its residents, without unduly restricting the conduct of lawful enterprise. |
B.
Applicability.
(1)
All externally visible signs not exempt under state law or under Subsection F, Exemptions, of this bylaw, shall be in compliance with the regulation contained within this bylaw.
(2)
Only temporary signs described by this bylaw shall be permitted. All other temporary signs are not permitted. (See Attachment 10, Schedule of Permitted Signs Per Sign District.[2])
[2]
Editor's Note: Attachment 10, Schedule of Permitted Signs Per Sign District, is included as an attachment to this chapter.
(3)
This bylaw establishes four separate sign districts with different regulations within each district. (See Attachment 10, Schedule of Permitted Signs Per Sign District.) These districts are delineated on the map entitled "Town of Franklin Sign Districts" and created under § 185-4, Districts enumerated.
(a)
The Downtown Commercial District (hereafter DCD) consists of parcels within the Downtown Commercial, Rural Business Zoning Districts and Crossing Neighborhood District.
(b)
The Commercial and Business Corridor District (hereafter CBCD) consists of parcels within the Commercial I, Commercial II, Business, Mixed Business Innovation, and Limited Industrial Zoning Districts.
(c)
The Industrial and Office Park District (hereafter IOPD) consists of parcels within the Industrial and Office Zoning Districts.
(d)
The Residential District (hereafter RD) consists of parcels within all residential zoning districts.
(4)
Any preexisting sign that this bylaw makes nonconforming shall remain legally preexisting nonconforming until it requires replacement, except replacement as a result of damage or destruction as specified in 185-18.C.
C.
Permit requirements.
(1)
General: The Building Commissioner shall determine sign compliance with the requirements of this bylaw including but not limited to size, shape, construction, location, lighting, materials, number, condition and method of mounting or affixing to various surfaces.
(2)
Permits.
(a)
All signs shall receive a permit from the Building Commissioner prior to installing or attaching any signs.
(c)
A sign permit shall become null and void if the work for which the permit was issued has not been completed within a six-month period.
(d)
The Building Commissioner may order immediate removal of any sign requiring a permit which has been erected without first obtaining such permit.
(3)
Illumination.
(a)
Signs may be externally illuminated provided that there shall be no glare cast onto adjacent residential properties or in a manner to disrupt the movement of pedestrian or vehicular traffic.
(b)
Signs may be internally illuminated in all sign districts other than the DCD and RD, provided that the background is dark in color and the letters are light in color, or there is an opaque shield between the light source and the sign panel that only allows the lettering area to be illuminated. Canopies or awnings may also be internally illuminated. There shall be no glare or direct light reaching any adjacent residential properties or in a manner to disrupt the movement of pedestrian or vehicular traffic from an internally illuminated sign, canopy or awning.
LED and LCD message boards are allowed in the Commercial II, Business and Office Zoning Districts, with a special permit from the Planning Board, upon findings that no traffic safety hazard will be created either by the location of the structure or its operation and that there will be no light spillage onto public roadway or any abutting property. The general special permit criteria set out in § 185-45E(3) shall not apply. The Planning Board may impose such terms and conditions as it deems necessary to protect public safety.
(4)
Dimensional requirements.
(a)
General.
[1]
The size of a sign consisting of individual letters or symbols attached to or painted on any type of surface, is the rectangular area that encloses all of the individual letters or symbols. This also includes canopies and awnings that have letters or logos as part of them. In addition, any area of material or color forming an integral part of the background of the display or which is used to differentiate the display from the backdrop shall be included in the total sign area calculation.
[2]
Only one side is counted in computing the area of a double-faced sign; however, not having a double-faced sign shall not allow the applicant to add additional square footage to the maximum square footage area allowed within the specific district that the sign is displayed.
(b)
Freestanding signs.
[1]
The height of a freestanding sign is the vertical distance from the average finished grade of adjoining ground to the top of the highest attached component of the sign.
[2]
All freestanding signs shall be placed, based upon the Building Commissioner's determination in consultation with the Police Chief, at least 10 feet from the road right-of-way. Within the DCD, if in the Building Commissioner and the Police Chief determination that a freestanding sign can be installed closer to the road right-of-way, they can, at their option, authorize the sign to be installed no less than a distance of five feet from the road right-of-way. Criteria to be considered with regard to freestanding sign location include but are not limited to whether the sign blocks the view of oncoming vehicles or pedestrians, the width of the right-of-way and any conditions that may block the view of the sign.
[3]
Freestanding signs in the DCD, CBCD, IOPD may have a manually changeable reader board with no more than three lines of text. Reader boards shall be the color of the sign or white, with black, red, blue or white block letters and numbers. Reader boards shall be included in calculating the freestanding sign maximum square footage area.
[4]
Freestanding signs shall be supported with two uprights. No freestanding signs shall be wider than the distance between the uprights.
[5]
Freestanding signs are required to be landscaped with selected flora, no more than two feet above the average finished grade of adjoining ground. This requirement may be waived if the landscaping is determined to be a safety hazard based upon the Building Commissioner determination in consultation with the Police Chief. The criteria to be considered with regard to freestanding sign landscaping shall include but are not limited to whether the landscaping blocks the view of oncoming vehicles or pedestrians.
[6]
Properties having multiple establishments shall only be permitted one freestanding sign unless otherwise specified in Attachment 10, Schedule of Permitted Signs per Sign District.
(c)
Other.
[1]
Properties within the IOPD and CBCD that are directly abutting or facing a residentially zoned district, shall have all signs reduced in size by 50%.
[2]
No sign shall overhang a public way without prior written approval from the Town Administrator and proof of insurance as determined by the Town Administrator.
D.
Temporary signs.
(1)
The following are requirements for temporary signs within the Town of Franklin unless otherwise regulated by this bylaw. (See Attachment 10, Schedule of Permitted Signs Per Sign District.)
(a)
Any new establishment is permitted to display a temporary sign, upon Building Commissioner review and approval, provided they have filed a complete application for the permanent sign(s) to the Design Review Commission. Temporary signs can be displayed for up to 30 days after the Design Review Commission approval of the permanent sign(s).
(b)
Temporary signs shall be attached to the structure where the business is located.
(c)
Temporary signs shall be no more than six square feet in area, unless otherwise specified in Attachment 10, Schedule of Permitted Signs per Sign District.
(d)
No temporary sign shall be internally or externally illuminated.
(e)
No temporary signs shall be allowed within the Town right-of-way or on Town property unless prescribed by this bylaw.
(f)
All temporary signs shall be constructed with suitable materials to withstand the weather for the time period during which they are displayed. Any temporary sign that shows wear or tear shall be ordered removed by the Building Commissioner.
(g)
No temporary sign shall be allowed that obstructs visibility, interferes with public access, or is otherwise determined to be a safety hazard by the Building Commissioner in consultation with the Police Chief.
(2)
The following is a list of temporary signs with special permitting requirements and/or time frames for their display within the Town of Franklin.
(a)
Real estate for sale or lease signs shall be no larger than five square feet in size for residential properties and 20 square feet for all other properties. These signs cannot be displayed until the building or property is available for sale or lease and shall be removed within a week of the sale or lease. These signs do not have to be attached to a building.
(b)
Non-profit event signs. Signs pertaining to non-profit events shall be permitted to be displayed at locations designated by the Town. All signs must comply with Town display requirements and shall be permitted through the Building Commissioners Department. These will be allocated based upon the following criteria:
E.
Prohibited signs.
(1)
Any signs having a part that moves or flashes, or signs of the traveling light or animated type, and all beacons and flashing devices, whether a part of, attached to or separate from a sign, are prohibited.
(2)
Except as provided in § 185-20C(3)(c), no liquid crystal display or light emitting diode signs are permitted within the Town of Franklin other than gas station signs displaying one price and no more than 16 square feet in size.
(3)
Roof signs, billboard signs, inflatable signs or banners are prohibited.
F.
Exemptions.
(1)
Any sign permitted by the Building Commissioner as necessary for public safety or the public health.
(2)
Directional signs and directory signs bearing only property numbers, names of occupants or premises or other identification of premises, not exceeding one square foot in area and having no commercial connotations.
(3)
Flags and insignia of the United States government or the Commonwealth of Massachusetts, and historical date plaques or markers approved by the Historical Commission.
(4)
Legal notices, identification, informational or directional signs erected or required by government bodies.
(5)
Political signs are exempt, except they are subject to the dimensional requirements in Attachment 10 of this Zoning Bylaw, Schedule of Permitted Signs per Sign District.
G.
Sign maintenance.
All signs shall be structurally sound and free from all hazards caused or resulting from decay or the failure of structural members, fixtures, lighting or appurtenances. All signs shall be maintained in readable and clean condition and the site of the sign shall be maintained free of weeds, debris and rubbish.
Owners of signs that are determined to be a safety hazard by the Building Commissioner in consultation with the Police Chief shall be directed to correct the condition by the Building Commissioner. Failure to comply with the Building Commissioner's request will constitute an enforcement action.
H.
Sign approvals.
(1)
Design Review Commission sign approvals.
(a)
All new signs and sign modifications must be reviewed and approved by the Design Review Commission prior to issuance of a building permit.
(2)
Application submittal requirements. Applicants must submit the following information concurrently, to be considered a complete application for review of signs; incomplete applications may result in refusal of application.
(3)
Drawing requirements.
(a)
Color rendering of the proposed sign which includes but is not limited to the following detailed information:
[1]
Type of sign (i.e., wall, pylon, etc.).
[2]
Size/dimensions.
[3]
Style of lettering.
[4]
Colors being used (specific name of color).
[5]
Materials.
[6]
Lighting (illuminated, nonilluminated).
[7]
Style of lighting being used (internally illuminated, externally illuminated) and provide details of lighting fixtures.
(b)
A plan showing the proposed location of existing signs or proposed signs and any proposed landscaping, if applicable to sign area.
I.
Enforcement.
(1)
The enforcement agent for this bylaw shall be the Building Commissioner or his designee.
(2)
The Building Commissioner may order the cessation, repair, alteration, correction or removal of any sign that is not in compliance with the provisions of this bylaw.
(3)
Any sign may be inspected periodically by the Building Commissioner for compliance with this bylaw and other requirements of law. Any sign which has been ordered removed by Building Commissioner, or is abandoned or discontinued, shall be removed by the sign owner or the owner of the property on which the sign is located within 30 days of written notice from the Building Commissioner. Violation of any provision of this bylaw or any lawful order of the Building Commissioner shall be subject to the following fines. Each day that violation continues shall constitute a separate offense.
(4)
First offense: $50.
(5)
Second offense: $100.
(6)
Third and subsequent offense: $200.
J.
Appeals. Any applicant may appeal a Design Review Commission decision to the Zoning Board of Appeals (ZBA) within 10 days of the decision, by filing the appeal in writing to the ZBA Administrative Secretary specifying the grounds for such appeal. Any applicant may appeal the Building Commissioner's order of removal to the Zoning Board of Appeals within 10 days of the issuance of written notice, by filing the appeal in writing to the ZBA Administrative Secretary specifying the grounds for such appeal. Refer to § 185-45, Administration and Enforcement, for more information regarding the ZBA.
§ 185-21 Parking, loading and driveway requirements.
[Amended 3-1-1989 by Bylaw Amendment 89-141; 1-11-1999 by Bylaw Amendment 98-395-R; 6-2-1999 by Bylaw Amendment 99-410; 7-13-2011 by Bylaw Amendment 11-655; 6-4-2014 by Bylaw Amendment 14-732; 8-8-2018 by Bylaw Amendment 18-805; 8-14-2024 by Bylaw Amendment 24-907R; 10-22-2025 by Bylaw Amendment 25-933]
A.
Parking requirements.
(1)
It is the intent of this section that adequate off-street parking must be provided within a reasonable distance to service all parking demands created by new construction, whether through new structures or through additions to existing ones, or by change of use creating higher parking demand.
(2)
Buildings, structures and land uses in existence on the effective date of these provisions are not subject to these off-street parking requirements and may be rebuilt, altered or repaired but not enlarged or changed in use without becoming subject to these requirements.
(3)
In applying for building or occupancy permits, the applicant must demonstrate that the minimum parking requirements set forth in Subsection B of this section will be met for the new demand without counting existing parking necessary for existing uses to meet these requirements.
(4)
The number of required spaces may be reduced below that determined under § 185-21B by the Planning Board for places subject to site plan review or by the Building Commissioner in other cases, upon determination that a lesser provision would be adequate for all parking needs because of such special circumstances as shared parking for uses having peak parking demands at different times, unusual age or other characteristics of site users, company-sponsored car pooling or other trip-conserving measures.
B.
Parking schedule. The number of parking spaces required for a particular use shall be as follows:
(4)
All other zoning districts:
(b)
Nonresidential buildings: (Gross floor area is measured to the outside of the building, with no deductions for hallways, stairs, closets, thickness of walls, columns or other features.)
i.
Industrial buildings, except warehouses: one space per 400 square feet of gross floor area.
ii.
Retailing, medical, legal and real estate offices: one space per 200 square feet of gross floor area, plus one space per separate enterprise.
iii.
Other offices and banks: one space per 250 square feet of gross floor area.
v.
Recreation facilities: 0.8 space per occupant at design capacity.
vi.
Warehouses: one space per 1,000 square feet of gross floor area.
C.
Parking area design and location.
(1)
No off-street parking area shall be located within 10 feet of a street right-of-way.
(2)
All required parking areas, except those serving single-family residences, shall be paved, unless exempted on the special permit from the Planning Board for cases such as seasonal or periodic use where unpaved surfaces will not cause dust, erosion, hazard or unsightly conditions.
(3)
Parking areas for five or more cars shall not require backing onto a public way.
(4)
Loading areas and parking areas for 10 or more cars shall provide screening in accordance with § 185-35.
(5)
Parking lots for 20 or more cars shall contain or be bordered within five feet by at least one tree per 10 parking spaces, trees to be two-inch caliper or larger, with not less than 40 square feet of unpaved soil area per tree. Soil plots shall be located so as to assure safe internal circulation.
(6)
Parking spaces more than 300 feet from the building entrance they serve may not be counted towards fulfillment of parking requirements unless the Planning Board determines that circumstances justify this greater separation of parking from use.
(7)
The following shall apply to entrances or exits to all parking areas having 20 or more spaces:
(a)
Entrance or exit center lines shall not fall within 50 feet of an intersection of street side lines or within 150 feet of the center line of any other parking area entrance or exit on the same side of the street, whether on the same parcel or not, if serving 20 or more spaces. Users shall arrange for shared egress if necessary to meet these requirements.
(b)
The Planning Board may issue a special permit reducing the requirements of § 185-21C(7)(a), upon its determination that, as a result of off-site conditions beyond the developer's control, a proposed development cannot practicably meet them, but that the proposed development nonetheless adequately addresses vehicular ingress and egress, including both traffic flow and public safety. The Board may require additional mitigation measures as an alternative.
(c)
Sight distance for exiting vehicles shall comply with stopping sight distance (SSD) and intersection sight distance (ISD) as defined by the Massachusetts Department of Transportation in its 2006 Project Development and Design Guide.
(8)
Parking area aisles in a ninety-degree layout shall be no less than 24 feet wide to provide adequate width for vehicles to enter or leave parking spaces in a single motion. Aisles in a parking area using other than ninety-degree angles shall provide adequate width for vehicles to enter or leave the parking spaces in a single motion.
(9)
Parking space dimensions.
(a)
Parking spaces in a layout other than parallel shall not be less than nine feet in width and 19 feet in length.
(b)
Parking spaces in a parallel layout shall not be less than 24 feet in length, measured parallel to the travel lane, and have a width not less than nine feet, perpendicular to the travel lane.
D.
Loading requirements. Adequate off-street loading facilities and space must be provided to service all needs created by new construction, whether through new structures or additions to old ones, and by change of use of existing structures. Facilities shall be so sized and arranged that no trucks need back onto or off of a public way or be parked on a public way while loading, unloading or waiting to do so.
E.
General driveway requirements. The grade of each driveway where it intersects with the public way shall not exceed 15% for a distance of 40 feet from the travel surface of the public way unless the Planning Board shall grant a special permit after a determination that said driveway will provide safe and reasonable access for fire, police and emergency vehicles.
F.
Common driveway requirements. The Planning Board may allow common driveways serving more than two lots on special permit. A common driveway must satisfy all of the conditions in this section, as well as all of the following conditions:
(1)
The center line intersection with the street center line shall not be less than 45°.
(2)
A minimum cleared width of 12 feet shall be maintained over its entire length.
(3)
A roadway surface of a minimum of four inches of graded gravel, placed over a properly prepared base, graded and compacted to drain from the crown shall be installed.
(4)
The driveway shall be located entirely within the boundaries of the lots being served by the driveway.
(5)
Proposed documents shall be submitted to the Planning Board demonstrating that, through easements, restrictive covenants or other appropriate legal devices, the maintenance, repair, snow removal and liability for the common driveway shall remain perpetually the responsibility of the private parties or their successors-in-interest.
§ 185-22 Industrial District performance controls.
All uses in Industrial Districts must conform to the following:
A.
Disturbances. No sound, noise, vibration, odor or flashing (except for warning devices, temporary construction or maintenance work, parades, agricultural activities or other special circumstances) shall be perceptible without instruments more than 400 feet from the boundaries of the originating premises within an Industrial District or more than 200 feet inside the boundaries of a commercial or business district or more than 100 feet inside the boundaries of a residential district. However, the Board of Appeals may grant a special permit for an exception for activities not meeting these standards in cases where the Board determines that no objectionable conditions will thereby be created for the use of other properties.
B.
Evidence of conformity. Evidence shall be provided that any use of radioactive materials will be in conformance with applicable regulations of the Nuclear Regulatory Commission, and any use of flammable or explosive materials will be in conformance with applicable regulations of the Massachusetts Board of Fire Prevention Regulations, discharges into the air will be in conformance with applicable regulations of the Southeastern Massachusetts Air Pollution Control District, sewage disposal will be in conformance with applicable requirements of the Massachusetts State Environmental Code and any electromagnetic radiation will be in conformance with the regulations of the Federal Communications Commission.
C.
Performance compliance. For a facility whose future compliance with performance standards in this chapter is questionable, the Building Commissioner may require that the applicant furnish evidence of probable compliance, whether by example of similar facilities or by engineering analysis. Issuance of a permit shall certify the Town's acceptance of the conformity of the basic structure and equipment, but future equipment changes and operating procedures must be such as to also comply with these standards.
§ 185-23 Earth removal regulations.
[Amended 5-12-1986 by Bylaw Amendment 86-65; 3-2-1994 by Bylaw Amendment 93-251]
A.
Exemptions.
(1)
Less than 15 cubic yards. Earth removal of less than 15 cubic yards within any twelve-month period is exempt from further regulation.
(2)
More than 15 cubic yards.
(a)
Earth removal in excess of 15 cubic yards but less than 1,000 cubic yards is exempt from further regulation if it is:
[1]
Incidental to construction on the premises under a current building permit as required for foundation excavation, swimming pools, septic systems, driveways and parking areas to grades indicated on a plot plan approved by the Building Commissioner;
(b)
Provided that a permit is obtained from the Building Commissioner prior to commencement of earth removal, which the Commissioner may condition as to length of time, volume of material excavated and/or removed, hours of operation, methods of removal, protection of surrounding areas, drainage and erosion control and final restoration. All work required under this section shall be completed prior to the issuance of an occupancy permit.
(c)
In addition, topsoil stripped and stockpiled shall be restored to its original location (i.e., on the same lot or within the road right-of-way) within 24 months of such stripping or prior to issuance of an occupancy permit by the Building Commissioner, whichever occurs first, and, in the case of an occupancy permit, subject to the performance guaranty requirements in Subsection G(1)(d) as necessary.
(d)
Earth removal in excess of 1,000 cubic yards in any areas as noted in Subsection A(2)(a)[1], [2] and [3] above shall require a special permit by the Board of Appeals. In addition, earth removal in excess of 1,000 cubic yards within the same industrial subdivision requiring hauling on public roads within the subdivision shall not require a special permit and shall be permitted, subject to the applicant providing a performance guaranty satisfactory to, and in an amount determined by, the Board of Appeals. Any earth removal outside of the boundaries of the industrial subdivision shall require a special permit by the Board of Appeals.
B.
Submittals. The following items are required to be filed with the application to the Board of Appeals in accordance with § 185-45E, Special permits:
(1)
Report. A report is required to be prepared and stamped by a registered engineer describing:
(a)
The site, the proposed operation (including equipment), hours of operation, routing of vehicles and phasing (both in terms of areas of site and duration of time required for the operation).
(b)
The method for the handling of ledge, boulders, tree stumps and other waste materials.
(c)
Test pit and monitoring well locations and information/data, including readings of the highest groundwater levels during the months of February, March, April and May.
(d)
An analysis by a hydrogeologist of the impact on historical high groundwater in the area of the earth removal during the months of February, March, April and May and any control or mitigating work required.
(e)
The legal names and addresses of:
[1]
The current owner of the property as shown on record at the Norfolk Registry of Deeds.
[2]
The petitioner.
[3]
The contractor and/or operator of the removal operation.
[4]
A list of all abutters, and abutters to abutters, as shown on the most recent assessor's list, within 300 feet of the property lines of the subject parcel.
(f)
A statement from the applicant as to the intended and/or approved use of the subject property for earth removal and the estimated quantitative amount of earth removal as shown on the plans.
(g)
A statement indicating all trucking routes, alternate routes, trucking hours and methods. This statement shall also outline the safety concerns of the proposed routes.
(h)
Drainage and erosion control methods during the earth removal operation, including site drainage calculations for pre- and post-excavation (including runoff calculations) and exposed face height and slope limits.
(i)
A cross-section of the subject parcel, graphically indicating existing elevations, proposed elevations, historical high groundwater and soil profile.
(j)
A statement from the Zoning Enforcement Officer as to the existence of unexpired earth removal special permits applicable to a parcel of land that abuts the parcel of land from which the applicant seeks to remove material.
(2)
Plans and/or specifications. A site plan is required to be prepared, stamped and signed by a registered engineer and land surveyor that includes, but is not limited to:
(a)
Property lines, the name of the current owner, abutting parcels with owners' names, adjacent streets and roads.
(b)
Limits of proposed excavation.
(c)
Topography and locations of all structures within 200 feet of the site.
(d)
Existing topography by two-foot contours.
(e)
Proposed final contours at two-foot intervals.
(f)
The proposed vegetation cover and trees and methods and details of final grading and landscaping.
(g)
Proposed site drainage plans during and after earth removal including runoff calculations and materials.
(h)
Grades below which no excavation shall take place.
(i)
All watercourses, brooks, swamps, Water Resource Districts, Floodplain Districts and their respective elevations.
(j)
Proposed on-site haul routes.
(k)
The areas of phasing of the earth removal.
C.
Minimum removal operation standards. The following items are to be followed, used and/or incorporated into the above report and/or plans:
(1)
All excavations shall be more than 200 feet from an existing public way unless specifically permitted by the Board of Appeals, and no excavation shall be less than 50 feet from any other perimeter lot line, unless permitted by the Board of Appeals.
(2)
Existing natural vegetation beyond the limits of removal shown on the plan shall be left, protected and maintained for screening and noise reduction purposes, and surge piles and overburden piles shall be located for similar purposes in accordance with the approved plan.
(3)
All hauling roads shall be shown on the approved plan and marked on the site by stakes, flags, rods or other method which is clearly discernible, and all hauling vehicles shall use those roads. All unpaved hauling roads on the site leading from earth removal areas to public ways shall be treated with stone or other nonhazardous materials that do not involve the use of oil or petroleum products, as approved by the Board of Appeals, to reduce dust and mud. Roads leading from earth removal areas to public ways shall be designed and constructed so as to help screen the operation from view. Any spillage on public ways shall be cleaned by the applicant on a twice-daily basis, one time being following the normal working hours.
(4)
No earth materials shall be excavated below an elevation which is 10 feet above the historical high groundwater within the Water Resource District or below an elevation which is six feet above the elevation of the historical high groundwater elsewhere, unless required by construction on the premises under a current building permit. This elevation shall be established from a test pit(s) and monitoring well(s), the level related to a permanent monument on the property and shown on the topographic plan, and is to be tied to the United States Geological Survey (USGS) vertical datum.
(5)
During removal operations, no slope shall exceed one foot of vertical rise to 1 1/2 feet of horizontal distance or the natural angle of repose of the material in a dry state if stated in the engineer's report and approved by the Board, whichever is the flatter, except in ledge rock, which may be vertical.
(6)
Provision shall be made for safe drainage of water and for prevention of wind or water erosion carrying material onto adjoining properties.
D.
Review by the Board of Appeals. The Board of Appeals, in considering the special permit application, shall employ the following criteria:
(1)
Whether the proposed earth removal, where it is not a commercial operation, is the minimum reasonably required in connection with the construction of an approved use or structure or an approved subdivision on the same site as determined by the Board's consulting registered engineer.
(2)
Whether the proposed earth removal significantly increases surface water flow off the site or results in any adverse impact from surface water on wetlands or on public or private water wells.
(3)
Noise, dust or other adverse effects that may be detrimental to the amenities, aesthetics, general character or normal use of the subject property as well as surrounding properties and whether it has an adverse effect on public health or safety in the general neighborhood.
(4)
Any adverse effects on the preservation of natural tree coverage and desirable vegetation.
(5)
The impact of the earth removal on historical high groundwater.
(6)
The recommendations for compliance with all Town bylaws, Town boards and committees by the Town's consulting registered engineer, retained by the Town and paid for by the applicant, after review by the engineer of all submittals and of the complete application.
E.
Special permit issued by Board of Appeals.
(1)
Conditions of special permit. Any special permit issued by the Board of Appeals shall state all conditions imposed, including but not limited to:
(a)
The duration of the special permit.
(b)
The method of removal, including any phasing of the earth removal operation.
(c)
Temporary structures.
(d)
Hours of operation.
(e)
Control of temporary and permanent drainage.
(f)
Trees to be planted and site restoration plans, including the timing for completion of the restoration.
(g)
Site grading.
(h)
Special permit compliance review.
(i)
Bonding requirements.
(2)
Expiration of special permit. The special permit required for earth removal shall expire two years from the date of issuance, unless an extension, not to exceed two years, is granted by the Board of Appeals following a public hearing.
F.
Monitoring of site operations.
(1)
The applicant's design engineer shall perform weekly inspections (during any week that removal is being done) of work in process and file written reports of the same with the Board of Appeals and the Building Commissioner. Said report shall contain at least, but shall not be limited to:
(a)
Status of the work since the last report.
(b)
Percentage of completion, including daily and weekly totals of the number of cubic yards of earth removed from the site and a cumulative total, from project inception to date, of the number of cubic yards of earth removed from the site.
(c)
Hauling logs.
(d)
Areas stripped and areas restored.
(e)
Items of noncompliance with the plan or report and corrective action required.
(f)
Any other information that is relevant to the project.
(2)
The Town's consulting registered engineer shall perform inspections of the site on a frequency as deemed necessary by the Building Commissioner.
(3)
Copies of the reports shall be kept on the site and shall be available for inspection by the Building Commissioner or other representative of the Board of Appeals.
G.
Performance guaranty.
(1)
Form and period.
(a)
The Town's consulting registered engineer shall provide a recommendation for the performance guaranty figure for complete restoration of the site.
(b)
A performance guaranty of $5,000 per acre of disturbed area, or such other higher amount and form as determined sufficient by the Board of Appeals, shall be posted in the name of the Town with the Town's Comptroller, with a copy provided to the Board of Appeals and the Building Commissioner, ensuring satisfactory performance in the fulfillment of the requirements of this chapter and such other conditions to the issuance of its permit as the Board may impose.
(c)
The performance guaranty period shall extend beyond the special permit as specified by the Board to verify that all conditions of the special permit have been met.
(2)
Conditions prior to release of the performance guaranty.
(a)
No portion of the performance guaranty shall be released until sufficient time has lapsed to ascertain that the vegetation planted has successfully been established and that drainage is satisfactory and all other conditions have been met.
(b)
Prior to completion and release of any performance guaranty, all land shall be so graded that no slope exceeds one foot of vertical rise in three feet of horizontal distance and shall be so graded in accordance with the approved plan.
(c)
All boulders and stumps shall be removed or buried and trees removed or chipped in accordance with the approved plan.
(d)
The entire area, except approved areas of ledge rock, shall be covered with not less than four inches of good quality topsoil, which shall be planted with cover vegetation adequate to prevent soil erosion using either grasses or ground cover, depending upon condition. Prior to commencement of site restoration, notice of timing and materials to be used shall be given to the Building Commissioner in writing.
(3)
Forfeiture of performance guaranty. Failure to comply with the requirements of the special permit, after written notification and a public hearing by the Board of Appeals, shall be cause for forfeiture of the performance guaranty.
H.
Penalties and revocation of special permit.
(1)
Penalties. Failure to comply with the requirements of the special permit shall be punishable by a fine of not less than the maximum permissible limit set forth by MGL c. 40A, § 7, as amended. Each truckload of earth removed from the site in violation of this section shall constitute a separate offense. Each late delivery of the applicant's weekly monitoring report, as required pursuant to Subsection F, shall also constitute a separate offense, with the "late delivery" defined as being postmarked five days after the scheduled delivery date.
§ 185-24 Floodplain Overlay District.
[Amended 7-18-2012 by Bylaw Amendment 12-685; 6-4-2025 by Bylaw Amendment 25-935]
A.
Purpose. The purpose of the Floodplain Overlay District is to:
(1)
Ensure public safety through reducing 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.
B.
Use of FEMA maps and supporting studies. The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within Franklin designated as Zone A, AE, on the Norfolk County 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 District shall be defined by the 1%-chance base flood elevations shown on the FIRM and further defined by the Norfolk County 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 Town Clerk, Building Commissioner, Planning Board, and Conservation Commission.
C.
Designation of community floodplain administrator. The Town of Franklin hereby designates the position of Building Commissioner to be the official floodplain administrator for the Town.
D.
Permits required for proposed development in the Floodplain Overlay District. The Town of Franklin requires a permit for all proposed construction or other development in the Floodplain Overlay 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.
E.
Assure all necessary permits are obtained. The Town of Franklin'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 Overlay District. The proponent must acquire all necessary permits, and must demonstrate that all necessary permits have been acquired.
F.
Floodway encroachment.
(1)
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.
(2)
In Zone AE, along watercourses that have a regulatory floodway designated on the 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.
G.
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 flood proofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.
H.
Subdivision and development proposals. All subdivision proposals and development proposals in the floodplain overlay district shall be reviewed to assure that:
I.
Base flood elevation data for subdivision proposals. When proposing subdivisions or other developments greater than 50 lots or five acres, whichever is less, the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.
J.
Recreational vehicles. In A and AE Zones, all recreational vehicles 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.
K.
Watercourse alterations or relocations in riverine areas. In a riverine situation, the Floodplain Administrator shall notify the following of any alteration or relocation of a watercourse:
L.
Requirement to submit new technical data. If the Town acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.) Notification shall be submitted to:
M.
Variances to Building Code floodplain standards.
(1)
The Town 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.
(2)
Town 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 (i) 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 (ii) such construction below the base flood level increases risks to life and property.
(3)
Such notification shall be maintained with the record of all variance actions for the referenced development in the Floodplain Overlay District.
N.
Variances to local zoning bylaws related to community compliance with the National Flood Insurance Program (NFIP). A variance from these floodplain bylaws must meet the requirements set out by State law, and may only be granted if:
O.
Abrogation and greater restriction. The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.
P.
Disclaimer of liability. The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.
Q.
Severability. If any section, provision or portion of this bylaw
R. DEVELOPMENT FLOODWAY (or REGULATORY FLOODWAY) FUNCTIONALLY DEPENDENT USE HIGHEST ADJACENT GRADE HISTORIC STRUCTURE(1) (2) (3) (4) NEW CONSTRUCTION RECREATIONAL VEHICLE(1) (2) (3) (4)
SPECIAL FLOOD HAZARD AREA START OF CONSTRUCTION
STRUCTURE SUBSTANTIAL REPAIR OF A FOUNDATION VARIANCE VIOLATION
Definitions. The following terms as used in this 185-24, unless a contrary meaning is required by content, shall have the following meanings:
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]
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]
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]
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]
Any structure that is:
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;
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;
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
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
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]
A vehicle which is
Built on a single chassis.
400 square feet or less when measured at the largest horizontal projection.
Designed to be self-propelled or permanently towable by a light duty truck.
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
[US Code of Federal Regulations, Title 44, Part 59] |
The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, Al-30, A99, AR, AO, AH, V, VO, VE or Vl-30. [Base Code, Chapter 2, Section 202]
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] |
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]
When work to repair or replace a foundation results 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]
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]
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]
§ 185-25 Lots adjacent to railroads.
In commercial and industrial areas, side yard and/or rear yard requirements shown in the Schedule of Lot, Area, Frontage, Yard and Height Requirements[1] shall be waived where said lots are adjacent to an existing railroad. This waiver shall apply only to the side adjacent to the railroad right-of-way.
[1]
Editor's Note: The Schedule of Lot, Area, Frontage, Yard and Height Requirements is included at the end of this chapter.
§ 185-26 Obstruction of view on corner lots.
On any corner lot within 25 feet of any street intersection and a distance of 20 feet back from the street line, no solid wall (including a retaining wall), fence or structure and no hedges, shrubs or other plant growth shall be permitted in excess of three feet above the crown of the road, if it blocks more than 1/3 of the area up to three feet at the time of greatest foliage. Trees may be planted in the same area, no closer than five feet apart, so long as the lowest branches are not closer than eight feet to the ground. In addition, slopes on any corner lot shall be no greater than three to one, three feet horizontal to one foot vertical, above the street line (right-of-way) in the same area.
§ 185-27 Storage and display of used materials.
No storage or open display of junk cars, trucks, machinery or any similar used materials will be authorized in any zone. "Junk" shall mean secondhand autos, trucks or machinery that has been unregistered or inoperative for a period of at least 60 days and for which the Town of Franklin has issued no license to store said items.
§ 185-28 Sidewalks.
Concrete sidewalks, a minimum of six feet in width, shall be constructed on all street frontages on accepted streets of Commercial I, Commercial II and Business Zones, unless topography, zoning district boundaries or other specific site conditions as certified by the Planning Board would preclude usefulness of such sidewalks if constructed.
§ 185-29 Curbing.
Granite or reinforced concrete curbing shall divide the driveway and parking areas from the landscaped area which is 10 feet from the street line (right-of-way). Granite or reinforced concrete curbing is also required to divide concrete sidewalks from the right-of-way on accepted streets in Commercial I, Commercial II and Business Zones, unless topography, zoning district boundaries or other specific site conditions as certified by the Planning Board would preclude such curbing if constructed.
§ 185-30 Tree planting.
Any lot abutting a right-of-way of 75 feet or more in which a building is constructed within 150 feet of the right-of-way must have trees planted at least every 30 feet in a row between 30 and 50 feet back from the right-of-way, unless a sufficient number of trees already exists. Trees must be of two-inch caliper and approved by the Tree Warden. If any of the trees do not live through the first winter, they must be replaced.
§ 185-31 Site plan and design review.
[Amended 5-12-1986 by Bylaw Amendment 86-65; 3-20-1996 by Bylaw Amendment 96-308; 1-21-1998 by Bylaw Amendment 97-348; 1-21-1998 by Bylaw Amendment 97-349-R; 5-3-2000 by Bylaw Amendment 00-428; 8-6-2002 by Bylaw Amendment 02-499; 6-11-2003 by Bylaw Amendment 03-512; 1-4-2006 by Bylaw Amendment 05-582; 8-4-2010 by Bylaw Amendment 10-645; 2-6-2013 by Bylaw Amendment 12-695; 12-17-2014 by Bylaw Amendment 14-744; 8-10-2016 by Bylaw Amendment 16-762; 8-10-2016 by Bylaw Amendment 16-764R; 5-5-2021 by Bylaw Amendment 21-868; 10-22-2025 by Bylaw Amendment 25-934]
1.
Site plan review.
A.
Purpose and intent. The purpose of this section is to protect the health, safety and welfare of the inhabitants of the Town of Franklin by providing for a review of plans for uses and structures which may have impacts on traffic, environmental quality, community character and parking. It is also the intent of this section that the site plan review and design review process will ensure compliance with Chapter 185 of the Code of the Town of Franklin and good zoning practices.
B.
Authority.
(1)
General requirements.
(a)
No building permit shall be issued for, and no person shall undertake, any construction, alteration, or other improvements unless they have first obtained site plan review approval from the Planning Board.
(2)
Exemptions.
(a)
The Town of Franklin or any of its departments.
(b)
Single-family and two-family dwellings.
(c)
Religious and educational uses as defined in Massachusetts General Law Chapter 40A, Section 3, as to aesthetic considerations only.
(d)
Any exterior addition, exterior alteration or exterior improvement to structures and/or land not greater than 600 square feet and not involving any substantial change in use as determined by the Zoning Enforcement Agent's interpretation of the Zoning Code Use Regulations Schedule.
C.
Site plan approval.
(1)
Filing criteria. Any exterior addition, alteration or improvement to structures and/or land that does not qualify as a limited site plan modification (see § 185-31D, Limited site plan approval) or is not exempt under § 185-31.1B(2), Exemptions, shall require site plan approval.
(2)
Application submittal requirements. Applicants must submit the following information concurrently, to be considered a complete application for site plan review; incomplete applications may result in refusal of application.
(a)
Eleven 24 x 36 inch, folded copies of the site plan along with six 11 x 17 reduced size copies of the site plan.
(b)
One original. Form P site plan application and one copy.
(c)
One original, notarized certificate of ownership and one copy.
(e)
Filing fee. Fee submitted as calculated in Chapter 82. Appendix A, of the Franklin Town Code, List of Service Fee Rates, Section I. Planning.
(g)
The Planning Board may determine that a proposed project warrants the use of an outside consultant (e.g., civil engineer) per § 185-45L(1), Consultant review fees.
[1]
If required, the applicant must send one copy of all submittal requirements to the requested outside consultant (e.g., civil engineer). Please contact the Department of Planning and Community Development for consultant contact information.
(h)
Other. Additional materials as requested by Town staff and/or the Planning Board.
(3)
Drawing requirements. Plans subject to site plan review shall be prepared by a professional land surveyor and/or professional engineer as required: drawings must contain the appropriate professional stamp prior to submittal. Supplemental plans may be prepared by a professional architect or landscape architect. A site plan shall be prepared in compliance with the various requirements of Chapter 185 (Zoning) showing:
(a)
Plans prepared at a scale between 1" = 20' and 1" = 50'.
(b)
The plan name (if applicable), date of plan preparation, all revisions to plan and the nature of the revisions, North point, scale, legend, Assessor's map and parcel identification numbers and appropriate title information.
(c)
The name and address of the following: the record owner, the applicant, professional land surveyor and/or professional engineer.
(d)
A vicinity/locus map including the location and boundaries of the site, abutting land uses and zoning information (descriptive and technical data).
(e)
Existing and proposed land and building uses.
(f)
Existing topography and proposed grading for the entire site. This should include earth removal as defined in § 185-3, Definitions.
(g)
An indication of wetlands or other areas potentially subject to the Wetlands and Rivers Protection Act.
(h)
Areas included in any floodplain district and areas included in the Water Resource District.
(i)
The location of any proposed structures, streets, ways, walls, hydrants, principal drives, fences, outdoor lighting, open space areas, recreation areas, egresses, service entries, loading facilities, facilities for waste disposal or storage, snow storage areas and parking with individual spaces identified.
(j)
The location, size and sketch of all proposed signs.
(k)
A landscaping plan showing existing vegetation, proposed vegetation and the distinction between proposed and retained vegetation. A note shall be placed on the plan that all plantings shall come from the Best Development Practices Guidebook.
(l)
A photometric plan with sufficient illuminance values, to determine compliance with § 185-31.1C(4)(e), Site plan, Review criteria.
(m)
Location and relevant details of proposed and existing water, drainage and sewerage systems in enough detail to determine if the applicant may be, upon request of the Planning Board, required to provide a stormwater report to ensure compliance with all federal and state requirements, including the Massachusetts Stormwater Management Standards, Town of Franklin's Subdivision of Land Stormwater Management Regulations, § 300-11 as applicable, Chapter 153, Stormwater Management, of Franklin's Town Code, and the Town of Franklin Best Development Practices Guidebook.
(n)
Sufficient data to determine compliance with the rules and regulations of the Architectural Barriers Board for handicapped parking, if applicable.
(o)
A parking schedule showing the number of parking spaces required for the proposed use(s) as required by § 185-21, Parking, loading and driveway requirements, versus the number of parking spaces actually being provided, if applicable.
(p)
A table showing the requirements of Chapter 185, Attachment 9: Schedule of Lot, Area, Frontage, Yard and Height Requirements, for the zoning district in which the property is located and how the proposed structure and/or uses will comply with the requirements.
(q)
Materials required for design review as provided for in § 185-31.2, Design Review Commission, if applicable.
(r)
Data quantifying on-site generation of noise and odors, if applicable.
(s)
Description of traffic circulation, safety and capacity in sufficient enough detail for the Board to make a determination of whether a traffic impact analysis is necessary. If information is not sufficient, upon the request of the Planning Board, an applicant may be required to provide a comprehensive traffic study detailing the effects of the proposed development.
(t)
Sight line information at proposed entrance/exit ways.
(u)
Limit of work area, including proposed tree line.
(v)
Plans should be prepared in consideration with policies set forth in the Best Development Practices Guidebook and the Design Review Commission Guidelines.
(4)
Review criteria. The Planning Board shall approve a site plan only upon its determination of the following:
(a)
Internal circulation, queuing, entrance and egress are such that traffic safety is protected and access via secondary streets servicing residential neighborhoods is minimized.
(b)
Reasonable use is made of building location, grading and vegetation to reduce visibility of structures, parking area, outside storage or other outdoor service areas (e.g., waste removal) from public views.
(c)
Adequate access to each structure for fire and service equipment is provided.
(d)
Utilities, drainage and fire-protection provisions serving the site provide functional service to each structure and paved area in the same manner as required for lots within a subdivision.
(e)
No site feature or activity shall create glare or illumination which extends beyond a site's property lines and creates a hazard or nuisance to neighboring property owners or on adjacent roadways. Lighting shall be designed to provide the minimum illumination necessary for the safety and security of the proposed activity. Lighting shall be designed such that the light source is shielded and the light is directed downward.
(f)
Proposed limit of work is reasonable and protects sensitive environmental and/or cultural resources. The site plan as designed will not cause substantial or irrevocable damage to the environment, which damage could be avoided or mitigated through an alternative development plan.
(g)
In accordance with the most recent Town of Franklin MS4 permit, the use of low-impact development and green infrastructure practices are encouraged and shall be incorporated into the site plan to the maximum extent feasible.
(h)
All other requirements of the Zoning Bylaw are satisfied.
D.
Limited site plan approval.
(1)
Filing criteria. Any exterior addition, alteration or improvement to structures and/or land that meets all of the following criteria:
(a)
Has previous site plan approval from the Planning Board, or was constructed prior to 1930, date of original Zoning Bylaw approval;
A site plan is considered to have been approved when one or more of the following criteria have been met: | |||
i. | It can be demonstrated that a public hearing was held and that the Planning Board voted and approved the site plan. | ||
ii. | There exists a site plan bearing the endorsement by the Planning Board. | ||
(b)
For any exterior addition, alteration or improvement to structures and/or land that would normally qualify as a limited site plan modification under § 185-31D, but does not because the existing property has never had a previously approved site plan, may be approved by the Planning Board without a full site plan, if the following criteria are met:
i. | A complete topographic survey for the entire site is prepared showing all existing structures, utilities, drainage, and grading. | |
ii. | The portion of the site to be altered or improved fully complies with all other requirements of § 185-31C, Site plan approval. | |
iii. | Specific problem areas identified outside the portion of the site to be altered or improved must be addressed to the maximum extent practicable. |
(c)
Results in the creation of no more than 15 additional parking spaces;
(d)
Results in the exterior addition, alteration or improvement to structures and/or land of no more than 5,000 square feet;
(e)
Results in an increase in impervious surface of no more than 10% of existing impervious coverage;
(f)
Does not alter the access to a public way;
(g)
Does not result in substantial change in use as determined by the Zoning Enforcement Agent; and
(h)
Does not require any additional relief from the Zoning Board of Appeals.
(2)
Application submittal requirements. Applicants must submit the following information concurrently, to be considered a complete application for limited site plan review; incomplete applications may result in refusal of application.
(a)
Eleven 24 x 36 inch, folded copies of the site plan along with six, 11 x 17 reduced size copies of the site plan.
(b)
One original, limited site plan application and one copy.
(c)
One original, notarized, certificate of ownership and one copy.
(d)
Filing fee. Fee submitted as calculated in Chapter 82, Appendix A, of the Franklin Town Code, List of Service Fee Rates, Section I, Planning.
(f)
Other. Additional materials as requested by Town staff and/or the Planning Board.
(3)
Drawing requirements. Plans subject to limited site plan review shall be prepared by a professional land surveyor and/or professional engineer as required: drawings must contain the appropriate professional stamp prior to submittal. Supplemental plans may be prepared by a professional architect or landscape architect. A limited site plan shall be prepared in compliance with the various requirements of Chapter 185 (Zoning) and at a minimum show the following:
(a)
Plans prepared at a scale between 1" = 20' and 1" = 50'.
(b)
The plan name (if applicable), date of plan preparation, all revisions to plan and the nature of the revisions. North point, scale, legend. Assessor's map and parcel identification numbers and appropriate title information.
(c)
The name and address of the following: the record owner, the applicant, professional land surveyor and/or professional engineer.
(d)
The location and boundaries of the site: vicinity map.
(e)
Plan sets shall include previously approved site plan sheets necessary to show where changes will occur.
(f)
Existing and proposed land and building uses, including location of any proposed structures, streets, ways, walls, hydrants, principal drives, fences, outdoor lighting, open space areas, recreation areas, egresses, service entries, loading facilities, facilities for waste disposal or storage, snow storage areas and parking with individual spaces identified.
(g)
The Planning Board may ask for plans to include drawing requirements as defined under § 185-31.1C(3), Site plan approval, Drawing requirements, upon the representation from technical staff or consultants that additional plans are needed in order to sufficiently review the limited site plan.
E.
Special permits.
(1)
Where special permit(s) are required, a site plan or limited site plan must be submitted under one application for approval, with the special permit application.
(a)
No separate site plan approval shall be issued for a special permit application(s), but rather a site plan shall be approved as part of a special permit approval.
(b)
Accompanying site plans shall be submitted according to § 185-31.1C(3), Drawing requirements, while accompanying limited site plans shall be filed according to § 185-31.1D(3), Drawing requirements.
F.
Notice to Town boards and other Town officials.
(1)
The Planning Board shall notify the Design Review Commission, Fire Chief, Police Chief, Department of Public Works. Department of Planning and Community Development, Building Commissioner, Conservation Commission, and Board of Health of its public hearing schedule and in addition, may, in making its determination, request information or analysis from any of the departments, boards or commissions listed above.
G.
H.
Decisions.
(1)
No decision shall be issued by the Planning Board until all other boards or commissions having jurisdiction over a proposed development have issued decisions if a board's or commission's decision is likely to impact the site plan/limited site plan being reviewed by the Planning Board. A board or commission may issue a letter to the Planning Board indicating no adverse impact will occur if the Planning Board issues a decision prior to the other boards or commissions.
(2)
No building permit shall be issued until the final site plan has been endorsed by the Planning Board.
(3)
All required improvements specified in the Planning Board's final decision must commence within a one-year period and once commenced shall proceed continuously until completion as determined by the Planning Board, unless an extension is granted by the Board.
I.
Penalties.
(1)
Any person who fails without good cause to complete the required improvements within the period of time specified by the Planning Board shall be considered in violation of this chapter and § 185-45 of the Town of Franklin Zoning Code. Any violation of this section shall result in a fine of $300 for each offense; each day that such violation continues shall constitute a separate offense. Enforcement shall be by the Building Commissioner or his designee.
J.
Certificate of completion.
(1)
A certificate of completion or a certificate of partial completion shall be submitted by the applicant's engineer or surveyor upon completion of all required improvements. A temporary certificate of occupancy of 30 days' maximum may be issued upon consideration of the Building Commissioner provided requirements of all other Town departments have been satisfied. No final certificate of occupancy shall be issued by the Building Commissioner until a certificate of completion has been reviewed and approved by the Planning Board.
(2)
The Planning Board will use outside consultant services to complete construction inspections, which shall be paid by the applicant as defined in § 185-45L, Consultant review fees.
(3)
The Board will act on certificate of completion requests within 30 days and will notify the Building Commissioner of approved certificates of completion within five business days of its action.
2.
Design Review Commission, site plans, facades, landscape and lighting.
A.
Purpose and intent. The purpose of design review is to promote safe, functional and attractive development of business and commercial areas; to preserve and enhance the New England character of the Town's commercial centers and thoroughfares as a valid general welfare concern; to unify commercial properties, both visually and physically, with surrounding land uses; to facilitate a more healthful urban atmosphere; to protect and preserve the unique and cultural features within the Town; and to protect commercial property values by enhancing the Town's appearance.
• | Every reasonable effort shall be made to preserve the distinguishing original qualities of a building, structure or site and its environment. | |
• | The removal or alteration of any historic material, architectural features or trees shall be avoided when possible. | |
• | Distinctive stylistic features and/or examples of skilled or period craftsmanship which characterize a building, structure or site shall be treated with sensitivity. | |
• | Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material and when such design is compatible with the surrounding environment. |
B.
Design Review Commission review requirements.
(1)
Applicants must file with the Design Review Commission for any external use of land, building, structure or project that requires site plan review or limited site plan review and/or a building permit and is at least one of the following, except for single- and two-family dwellings:
• | Within Commercial I, Commercial II, Business Zoning Districts, Downtown Commercial, Office and Crossing Neighborhood. | |
• | Listed as a principal use in the Use Regulations Schedule, Part II, 2, Commercial, regardless of the underlying zoning district. | |
• | Listed as a principal use in the Use Regulations Schedule, Part V, 5, Recreational, regardless of the underlying zoning district. | |
• | Considered one of the following additional principal uses as listed in the Use Regulations Schedule: | |
— | Part III, 3, Industrial, utility, 3.1: Bus, railroad station. | |
— | Part III, 3, Industrial utility, 3.12: Conference center. | |
— | Part IV, 4, Institutional, 4.2: Hospital, 4.2.a: Medical marijuana treatment facility and 4.2.b: Medical marijuana testing facility. | |
— | Part IV, 4, Institutional, 4.3: Charitable institution. | |
— | Part IV, 4, Institution, 4.5: Library, museum, art gallery. | |
— | Part IV, 4, Institutional, 4.6: Lodge, social nonprofit. | |
— | Part VI, 6, Residential, 6.1: Multifamily or apartment. | |
— | Signs. |
C.
Application submittal requirements.
(1)
Applicants must submit the following information concurrently, to be considered a complete application for review before the Design Review Commission; incomplete applications may result in refusal of application.
(a)
One, original, Form Q, Design Review Application.
(b)
When applicable, a materials sample board should be brought to the Design Review Commission meeting for review; color palette numbers and product numbers are required for the record.
(c)
Nine, color (as applicable) copies of the site plan including the following detailed information as applicable:
[1]
Landscape plan showing plantings; plantings must be from Best Development Practices Guidebook.
[2]
Photometric plan indicating lighting levels and specifications of lighting proposed.
[3]
Building elevations showing size and height of building(s); front, rear and side elevations, including color and type of surface materials.
[4]
Renderings or photographs showing the proposed building site and surrounding properties. Applications for alterations and/or additions shall depict existing structures to be altered and their relationship to adjacent properties.
[5]
If there is currently signage on an existing building or at a site, please provide detailed photos of the sign(s) and its location on the building(s) or location(s) at the site or provide the required application for sign review for new signage under § 185-20H(2), Application submittal requirements.
(2)
Review criteria. The Design Review Commission shall consider, at a minimum, the following standards in the course of the design review of a proposed action:
(a)
Height. The height of any proposed alteration should be compatible with the style and character of the surrounding buildings, within zoning requirements.
(b)
Proportions of windows and doors. The proportions and relationships between doors and windows should be compatible with the architectural style and character of the surrounding area.
(c)
Relations of building masses and spaces. The relationship of a structure to the open space between it and adjoining structures should be compatible.
(d)
Roof shape. The design and pitch of the roof should be compatible with that characteristic of New England architectural styles.
(e)
Scale. The scale of the structure should be compatible with its architectural style and the character of the surrounding New England-style buildings.
(f)
Facade line, shape and profile. Facades shall blend with other structures in the surrounding area with regard to the dominant vertical or horizontal context.
(g)
Architectural details. Architectural details, including signs, materials, colors and textures, shall be treated so as to be compatible with New England architectural styles and to preserve and enhance the character of the surrounding area.
(h)
Advertising features. The size, location, design color, texture, lighting and materials of all permanent signs and outdoor advertising structures or features shall not detract from the use and enjoyment of the proposed buildings and structures and the surrounding properties.
(i)
Heritage. Removal or disruption of historic, traditional or significant uses, structures or architectural elements shall be minimized insofar as practicable.
(j)
Energy efficiency. To the maximum extent reasonably practicable, proposals shall utilize energy-efficient technology and renewable energy resources and shall adhere to the principles of energy-conscious design with regard to orientation, building materials, shading, landscaping and other elements.
(k)
Landscape. The landscape should improve the character and appearance of the surrounding area, and parking areas should be located to the side or rear of buildings when reasonably possible.
§ 185-32 Foundation grading.
[Amended 4-20-1994 by Bylaw Amendment 94-254]
A.
The street side portion of the top of any foundation wall within 125 feet of a street right-of-way shall be 12 inches or more above the higher of the top of the curb or the crown of the road at its nearest point of the foundation unless the Building Commissioner certifies, either by a separate certificate or by issuance of a building permit, that, in his professional opinion, the grading and/or drainage for the site as proposed on the certified site plan submitted with the building permit application is designed to minimize the potential for flooding of the space(s) inside the foundation. The "street side portion," as used in this subsection, shall mean the portion of the foundation wall which supports the portion of the building where the front entrance thereto is located, provided that said portion of the foundation and front entrance faces a street right-of-way.
B.
If the Building Commissioner finds that the drainage or grading is not adequate to prevent potential flooding, he shall so notify the applicant, and the applicant may apply for a special permit from the Zoning Board of Appeals under § 185-45D.
C.
No certification by the Commissioner pursuant to this section shall be deemed to be a representation to any person of the accuracy of the opinion, nor shall any certificate involve the Town or any officer or employee thereof in any liability to any person.
§ 185-33 Swimming pools.
A.
Every outdoor swimming pool having two feet or more in depth and a capacity of 200 cubic feet or more in volume, whether or not filled with water, shall, together with contiguous walks and any diving structures or platforms, be completely surrounded at all times by a fence or wall not less than 48 inches in height above grade. This fence may be the pool wall itself, a building or a fence surrounding the entire property. If the pool wall is to serve as part of the enclosure, the entry area must be separately fenced, whether or not a removable ladder, pull-down steps or similar device is used for access.
[Amended 1-10-1990 by Bylaw Amendment 89-171]
B.
Every such fence or wall shall be constructed as to not have openings, holes or gaps larger than four inches in any dimension, except for doors, gates and picket fences. In the latter case, however, the gaps between pickets shall not exceed four inches. The fence shall be substantially anchored to posts set into the ground.
C.
All gates or doors opening through such enclosures shall be of not less than 48 inches in height and shall be equipped with a self-closing and self-latching device located at least 48 inches above the underlying ground and inaccessible from the outside to small children. Every such gate or door shall be kept latched at all times, except as necessary for passage.
[Amended 1-10-1990 by Bylaw Amendment 89-171]
D.
Portable pools having less than two feet in depth or less than 200 cubic feet in volume may be located within required yards but must be protected with a safety cover when left filled and unattended.
§ 185-34 Sales and storage from truck trailers.
Retail sales, storage or operation of banking or other services from a truck or other trailer shall be allowed only as follows:
§ 185-35 Screening.
A.
The following shall be screened, except within 10 feet of the street line, from any adjacent residential district or use from which they would otherwise be visible:
B.
"Screening" in this context, shall mean an area four feet wide, densely planted with evergreen trees or shrubs three feet or more in height when planted, or a wall, fence or earth berm 12 inches or more in height or equivalent visual screening by natural vegetation or difference in elevation between potential viewers and the screened areas.
C.
The following shall apply to any use in an Industrial or Business District if located on premises within 500 feet of a residentially used structure in an adjacent residential district not allowing that use and if located on a lot which abuts or extends into that residential district by less than 75 feet or abuts another lot which has frontage only within the residential district. Such uses shall provide a greenbelt along the portion of the lot which abuts the residential district or abutting lot cited above. Such greenbelt shall consist of an area not less than 15 feet wide containing a dense grouping of trees and shrubs providing a natural barrier between the lot and the adjacent premises. The trees and shrubs shall have a height of not less than three feet initially and shall be expected to have an effective height of not less than seven feet within five years.
§ 185-36 Impervious surfaces.
[Amended 5-12-1986 by Bylaw Amendment 86-65; 6-19-2013 by Ord. No. 13-702]
The maximum coverage by structures plus paving shall be as regulated in the Schedule of Lot, Area, Frontage, Yard and Height Requirements and, within the Water Resource District, as regulated in § 185-40. Greater coverage within the Water Resource District may be allowed pursuant to § 185-40D(1)(l). Greater coverage than allowed under the Schedule of Lot, Area, Frontage, Yard and Height Requirements within other districts may be allowed on special permit from the Planning Board upon its receipt of calculations prepared by a registered professional engineer indicating that stormwater runoff from the site will not be increased following the development.
§ 185-37 Accessory scientific uses.
The Board of Appeals may grant a specific permit for a use accessory to a scientific research, scientific development or related production activity, whether or not on the same parcel as such activity. A special permit shall be granted where the Board of Appeals finds that the proposed accessory use does not substantially derogate from the public good.
§ 185-38 Multifamily and flexible development.
[Amended 10-8-1986 by Bylaw Amendment 86-71; 11-4-1987 by Bylaw Amendment 87-102]
Multifamily dwellings and more than one single-family or two-family dwelling on a single lot may be authorized on special permit from the Planning Board in a Residential VI District, but only as follows:
A.
Intensity of use requirements.
(1)
The maximum number of dwelling units permitted shall not exceed the number which could reasonably be expected to be developed under a conventional subdivision plan in full conformance with zoning, subdivision regulations and health codes of the Town of Franklin, as determined by the Planning Board following consultation with or review by the Conservation Commission. All calculations of dwelling units resulting in a fractional unit of 1/2 or more shall be rounded up to the next whole number, all others being rounded down.
(2)
To assist the Planning Board in such determination, applicants shall submit a conventional plan conforming to the requirements for a preliminary subdivision plan.
(3)
Buildings shall be separated from side and rear lot lines by a distance at least equal to the building height. In all other respects, the requirements of the Schedule of Lot, Area, Frontage, Yard and Height Requirements must be met.[1]
[1]
Editor's Note: The Schedule of Lot, Area, Frontage, Yard and Height Requirements is included at the end of this chapter.
B.
Serving housing needs.
(1)
Not fewer than 25% of the dwelling units authorized shall be assured for at least 20 years, through covenant, repurchase agreement or other means, to be sold or leased at costs and subject to occupant income limitations meeting the guidelines of state or federal housing assistance programs, such as the MHFA First-Time Homebuyer Loans.
(2)
To assure consistency with the objectives of Chapter 40B of the General Laws and of Executive Order 215, this subsection shall, from time to time, be reviewed and, if appropriate, amended by Town Council action.
(3)
All calculations of dwelling units resulting in a fractional unit of 1/2 or more shall be rounded up to the next whole number, all others being rounded down.
C.
Site plan review. The requirements of § 185-31, Site plan review, shall be complied with at the time of application for a special permit.
D.
Development scale. There shall be no more than 100 dwelling units in any development. Contiguous developments shall be distinct in terms of site arrangement, building design and overall character of the development.
E.
Building design requirements. To minimize departure from single-family residential scale, no single structure shall contain more than six dwelling units; not more than two dwelling units shall be served from a single building entrance; there shall be no more than 12 parking spaces in any single parking area; and no parking area of eight or more spaces shall be located within 50 feet of another such area.
F.
Multifamily by conversion. In an RVI District, an existing nonresidential structure may be authorized to be converted to multifamily use subject, at the applicant's option, either to the above requirements or to the following in place of the requirements of Subsections A, D and E:
(1)
The structure being converted must have been in existence for five more years, and there must have been no reduction in lot area within that period or in the proposal.
(2)
Proposed additions to that must not increase lot coverage by more than 25% of the lot area.
(3)
The Planning Board must make a determination that the likely impacts upon the environs would be better through such conversion than is likely to be the case given denial, considering the alternative uses or nonuse the premises may be put to.
G.
Development timing schedule. A development timing schedule shall be incorporated in the special permit, limiting the number of dwelling units to be authorized building permits each calendar year, taking into consideration:
(1)
The responsibility of the Town to accommodate at least its historic share of regional residential development and to provide for the housing needs of all population groups. The development timing schedule shall be consistent with the schedule, if any, incorporated into the concept plan by Town Council vote approving such plan in creating the RVI District. The Building Department shall provide data to the Town Council on the relationship of committed development authorizations and historic Town growth each time that a Zoning Map amendment authorizing multifamily housing is to be acted upon and shall provide such data to the Planning Board each time that the Board is to act on a development schedule or a special permit authorizing units beyond usual development rate limitations.
(2)
The ability of the Town to adequately service the proposed development with schools, streets, protective services and utilities, including consideration of items listed in the most recently published Capital Improvements Program.
(3)
The number of dwelling units authorized on building permits in the preceding six months and scheduled to be authorized under special permits previously granted.
(4)
The demonstrated ability of the regional housing market to absorb additional units.
(5)
The applicant's requested phasing.
H.
Concept plan.
(1)
Except as part of a comprehensive reconsideration of the Zoning Map, the Planning Board shall neither sponsor nor favorably recommend any Zoning Map amendment to create a Residential VI District unless at a public hearing it has had presented to it, by proponents of the amendment, a concept plan and supporting materials, including the following:
(a)
A concept plan of the district, showing use, general shape and location of structures, parking, retained vegetation, wetlands and points of egress onto public ways.
(b)
Materials indicating proposals for methods of water supply and sewage disposal; tabulation of the number of dwelling units, distinguishing single-family vs. multifamily, and indicating occupancy (family, elderly, handicapped, etc.) and number of bedrooms; a development timing schedule for dwellings and improvements; proposed form of tenure, whether rental, condominium, cooperative or other; means, if any, of providing for design control; and means, if any, of providing assurance of long-term conformity to present proposals.
(c)
Analysis of the consequences of the proposed development, evaluating the following impacts at a level of detail appropriate to the number of units proposed and using analysis materials provided by the Planning Board:
[1]
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.
[2]
Public services: traffic safety and congestion, need for water system improvements, need for public sewerage and sewerage system improvements, need for additional public recreation facilities and need for additional school facilities.
[3]
Economics: municipal costs and revenues, local business activity and local jobs.
[4]
Social environment: rate of Town population growth and range of available housing choice.
[5]
Visual environment: visibility of buildings and parking and visual consistency with existing development in the area.
(2)
Concept plan approval shall be granted only upon a determination that the proposed plan is at least as beneficial to the Town as conventional development would be, based upon the criteria of § 185-45E(3), and § 300-9B of the Subdivision Regulations of the Franklin Planning Board.
I.
Town Council action. Concept plan and supporting materials shall also be presented to the Town Council at its hearing on the proposed rezoning, in which case, at the time of acting upon the rezoning, the Town Council shall approve, conditionally approve or disapprove the concept plan by the same vote required for a zoning amendment. In the event of lack of approval of a concept plan concurrent with approval of the rezoning, a new or revised concept plan shall later be submitted to the Town Council for its approval.
J.
Special permit decision. A special permit for multifamily dwellings or more than one single-family or two-family dwelling on a lot shall be granted only if the Planning Board determines that the proposal is consistent with the concept plan previously approved or conditionally approved by the Town Council in its decision on rezoning.
§ 185-39 Uses accessory to dwellings.
[Amended 12-16-2009 by Bylaw Amendment 09-638]
A.
Home professional office.
(1)
A professional office is permitted within the principal residential building of a member of a licensed profession, provided:
(b)
The building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to exterior appearance, emission of odor, gas, smoke, noise, dust, light, electrical disturbance, or any other deleterious effects to the neighborhood. The Zoning Enforcement Office shall determine whether a professional office is objectionable or detrimental to the residential character of a neighborhood.
(c)
All required parking shall be provided off street. Parking lots that hold four or more cars shall not be located within the front yard and shall require screening vegetation or stockade fencing that prevents the parked cars from being seen from the street or by residents of abutting properties. This requirement only applies to parking associated with the professional office and not normal resident parking of registered vehicles.
(d)
No more than two other persons shall be employed on the premises.
(e)
No more than 25% of the total floor area, not to exceed 400 square feet, shall be devoted to such use.
(f)
Regular hours of operation shall not start prior to 7:00 a.m. or close after 8:00 p.m. The Zoning Board of Appeals may extend hours of operation, provided that the extended hours of operation do not violate Subsection A(1)(b). No commercial deliveries or pick-ups shall be made on Sundays.
(g)
A sign shall be permitted, provided that it is no larger than three square feet in size.
(h)
There is compliance with all other applicable bylaws, regulations, permits and agreements.
(i)
No noxious or hazardous material or chemicals may be used or stored in quantities greater than those typically associated with routine single-family residential use.
(2)
A building which is accessory to a dwelling and which was in existence as of the date of adoption of this bylaw provision may be authorized by the Zoning Board of Appeals (ZBA) for use as an office or workroom for the conduct of a professional office by residents thereon, provided that the ZBA determines that the conditions in Subsection A(1)(a) through (i) are satisfied.
B.
Home occupation.
(1)
A home occupation is permitted within the principal residential building, provided that there is demonstrated compliance with each of the following conditions:
(b)
The building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to exterior appearance, emission of odor, gas, smoke, noise, dust or light, electrical disturbance, or any other deleterious effects to the neighborhood. The Zoning Enforcement Office shall determine whether a home occupation is objectionable or detrimental to the residential character of a neighborhood.
(c)
Only persons who reside on the premises shall be employed in the home occupation.
(d)
Not more than 25% of the total floor area or 300 square feet, whichever is smaller, shall be regularly devoted to such home occupation.
(e)
There shall be no retail sale of articles, except for items principally produced on the premises or maintained in connection with and incidental to such merchandise or service provided by the home occupation.
(f)
Vehicles entering or exiting the property shall not be a nuisance or impediment to the normal activities within the residential neighborhood as determined by the Zoning Enforcement Officer.
(g)
A sign shall be permitted, provided that it is no larger than three square feet in size.
(h)
All required parking shall be provided off street and other than in a required front yard, and shall not occupy more than 35% of the lot area. Parking lots that hold four or more cars shall require screening vegetation or stockade fencing that prevents the parked cars from being seen from the street or by residents of abutting properties. This requirement only applies to parking associated with the home occupation and not normal resident parking of registered vehicles.
(i)
Hours of operation shall not start prior to 7:00 a.m. or close after 8:00 p.m. The Zoning Board of Appeals may extend hours of operation, provided that the extended hours of operation do not violate Subsection B(1)(b). No commercial deliveries or pick-ups shall be scheduled on Sundays.
(j)
There is compliance with all other applicable bylaws, regulations, permits and agreements.
(k)
No noxious or hazardous materials or chemicals may be used or stored in quantities greater than those typically associated with routine single-family residential use.
(2)
A building which is accessory to a dwelling and which was in existence as of the date of adoption of this bylaw provision may be authorized by the ZBA for use as an office or workroom for the conduct of a home occupation by residents thereon, provided that the ZBA determines that the conditions in Subsection B(1)(a) through (k) are satisfied.
C.
Parking.
(1)
This section only applies to detached garages or outdoor storage areas that are used in conjunction with a professional office, home occupation or other commercial enterprises within a residential district. This section does not apply to detached or attached garages that are used only for the private residential use of a single-family or two-family residence.
(2)
A private accessory garage or outdoor vehicle storage area is permitted within a residential district, provided it meets the following requirements:
(a)
No more than three motor vehicles shall be parked or stored in an accessory garage or an outdoor vehicle storage area within a residential district.
(b)
No more than one commercial vehicle between 6,000 and 15,000 pounds gross vehicle weight (GVW) shall be parked or stored in an accessory garage or an outdoor vehicle storage area within a residential district. No vehicles over 15,000 pounds GVW shall be parked or stored in an accessory garage or outdoor vehicle storage area within a residential district without a special permit from the ZBA. A special permit shall be based upon a finding that the premises shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to exterior appearance, emission of odor, gas, smoke, noise, dust or light, electrical disturbance, or any other deleterious effects to the neighborhood.
(c)
An outdoor vehicle storage yard within a residential district shall not be permitted within the normal front yard setback of the residential district.
(d)
An outdoor vehicle storage area within a residential district shall have screening vegetation or stockade fencing that prevents the parked cars from being seen from the street or by the neighbors who reside on abutting properties.
§ 185-40 Water Resource District.
[Added 5-12-1986 by Bylaw Amendment 86-65; amended 3-2-1994 by Bylaw Amendment 93-252]
A.
Purpose. The purpose of the Water Resource District is to protect, preserve and maintain the existing and potential ground- and surface water resources providing water supply for the Town of Franklin.
B.
Establishment of district. The Water Resource District is hereby established as an overlay district. This overlay district shall apply to all new construction, reconstruction or expansion of existing buildings and new or expanded uses. The Water Resource District is defined as those areas designated DEP Approved Zone 1; DEP Approved Zone 2; submitted for approval DEP Zone 2: and DEP approved Interim Wellhead Protection Areas. The Water Resource District is delineated on the map entitled "Town of Franklin Water Resource Districts," dated March 18, 2020, appended to this Zoning Bylaw and on file with the Town Clerk and Building Inspector.
[Amended 6-15-1994 by Bylaw Amendment 94-258; 10-11-1995 by Bylaw Amendment 95-299; 7-9-2008 by Bylaw Amendment 08-617; 5-20-2020 by Bylaw Amendment 20-854]
C.
Water Resource District boundary disputes. If a landowner disputes the location of the district boundary in relation to a particular parcel pursuant to § 185-6, Determination of district boundaries, of this chapter, resolution of boundary disputes shall be through a determination by the Board of Appeals.
D.
Use regulations. The Water Resource District shall be considered to be superimposed over any other district established in this chapter. Land in the Water Resource District may be used for any use otherwise permitted in the underlying district, subject to the following limitations:
(1)
Prohibitions. The following are prohibited on any lot or portion of a lot within a Water Resource District:
(a)
Manufacture, storage or disposal of toxic or hazardous materials, as that term is defined by state and local laws.
[Amended 10-5-1994 by Bylaw Amendment 94-270]
(b)
Sanitary landfill and open dump as defined in 310 CMR 19.006, junkyard, salvage yard or road salt stockpile.
(c)
Motor vehicle service or repair and automobile graveyards and junkyards, as defined in MGL c. 140B.
(d)
Storage of hazardous materials (as that term is defined by state and local laws), fuel oil or gasoline either above ground or underground except as follows:
[Amended 10-5-1994 by Bylaw Amendment 94-270]
(i) | Five hundred fifty gallons of aboveground fuel oil storage. | |
(ii) | Normal household use. | |
(iii) | Aboveground waste oil retention facilities required by statute, rule or regulation. | |
(iv) | Emergency generators required by statute, rule or regulation. | |
(v) | Treatment works approved pursuant to 314 CMR 5.00, including privately owned sewage treatment facilities for treatment of ground- and surface waters. | |
(vi) | Storage of chemicals used for the treatment of potable water in accordance with 310 CMR 22 and the Department of Environmental Protection's Guidelines and Policies for Public Water Systems, as amended. |
The exceptions (i), (iii), (iv), (v) and (vi) under this subsection are permitted only to the extent that the materials are stored in double-lined containers within buildings or above ground with secondary containment adequate to contain a spill 125% of the size of the total storage capacity of the container, as approved by the Department of Environmental Protection and in accordance with state law. |
(e)
Except in areas serviced by public sewers, a lot area of less than 40,000 square feet per dwelling unit.
(f)
Disposal and stockpiling of snow and ice that contain deicing chemicals and that have been brought in from outside the district.
(g)
Removal, excavation or grading of vegetation, soil and/or other geological material solely for commercial earth removal purposes. Earth removal, excavation or grading shall comply with the provisions of § 185-23, Earth removal regulations, of this chapter.
(h)
Hazardous waste generation, treatment, storage and disposal, as defined by MGL c. 21C and 310 CMR 30.00 and requiring the obtaining of an Environmental Protection Agency identification number, except for the following:
(i) | Very small quantity generators as defined under 310 CMR 30.000. | |
(ii) | Household hazardous waste centers and events under 310 CMR 30.390. | |
(iii) | Waste oil retention facilities required by MGL c. 21, § 52A. | |
(iv) | Water remediation treatment works approved by the Department of Environmental Protection for the treatment of contaminated ground- or surface waters. |
(i)
Individual on-site sewage disposal systems having an estimated sewage flow exceeding 110 gallons per day per 10,000 square feet of lot area, provided that the replacement or repair of a system which will not result in an increase in the design capacity over the original design, or the design capacity of 310 CMR 15.00, whichever is greater, shall be exempted.
(j)
Any use having on-site disposal of industrial waste as defined in Title V of the State Environmental Code.
(k)
On-site sewage disposal having an estimated sewage flow greater than 10,000 gallons per day, regardless of composition or lot size. On-site sewage disposal having an estimated sewage flow greater than 2,500 gallons per day, but less than 10,000 gallons per day, shall be permitted only upon the approval of a hydrogeologist retained by the Town of Franklin at the expense of the applicant. Exempt from this subsection shall be water treatment works approved by the Massachusetts Department of Environmental Protection for treatment of contaminated groundwater found on site.
(l)
Impervious coverage.
[Amended 10-5-1994 by Bylaw Amendment 94-270; 6-19-2013 by Bylaw Amendment 13-703]
(i)
Residential zones:
Residential use: Rendering impervious coverage more than 15% or 2,500 square feet, whichever is greater, of the upland area of a lot located within the Water Resource District is only permitted for residential uses within a residential zone by a special permit from the Zoning Board of Appeals (ZBA).
Nonresidential uses: Rendering impervious coverage more than 15% or 2,500 square feet, whichever is greater, of the upland area of a lot located within the Water Resource District is only permitted for nonresidential uses within a residential zone by a special permit from the Planning Board.
(ii)
Nonresidential zones:
[Amended 8-21-2019 by Bylaw Amendment 19-842]
Rendering impervious coverage up to 80% of the upland area of a lot located within the Water Resource District is permitted only in nonresidential zones provided an application for site plan approval has been provided. |
An applicant for site plan approval must provide artificial recharge that does not degrade groundwater quality. The proposed water recharge efforts shall be permitted only upon the approval of a hydrogeologist retained by the Town of Franklin at the expense of the applicant, under the provisions of MGL c. 44, § 53G. |
(o)
Storage of animal manure unless covered or contained.
(p)
Storage of commercial fertilizers, as defined in MGL c. 128, § 64, and soil conditioners, unless within a structure designed to prevent the generation and escape of contaminated runoff or leachate.
(q)
The use of septic system cleaners which contain toxic or hazardous chemicals.
(r)
Storage of deicing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.
(s)
Storage of liquid petroleum except for normal household use, outdoor maintenance, heating of a structure, waste oil retention facilities, emergency generators or treatment works for contaminated ground- or surface water, provided that such storage is indoors or above ground with adequate spill containment.
[Added 10-5-1994 by Bylaw Amendment 94-270]
(t)
Industrial and commercial uses which discharge process wastewater on site.
[Added 10-5-1994 by Bylaw Amendment 94-270]
(2)
Change of use. Change in activity on premises developed prior to the adoption of these provisions, if resulting in exceeding any limitations established in a special permit or crossing the thresholds of Subsection D(1), shall constitute a change of use. Such change of use may be allowed, but only upon application to and approval of a variance by the Board of Appeals and subject to conditions as may be required by the Board.
(3)
Uses permitted only by special permit. The following uses are permitted only by special permit:
[Added 10-5-1994 by Bylaw Amendment 94-270; amended 8-21-2019 by Bylaw Amendment 19-842]
(a)
Activities involving the handling of toxic or hazardous materials in quantities greater than those associated with normal household use.
(b)
The construction of dams or other water control devices or water bodies or courses created for recreational or agricultural uses or drainage improvements.
(c)
The application of pesticides or fertilizers for nondomestic or nonagricultural uses.
E.
Design and operation guidelines. Within the Water Resource District, the following design and operation guidelines shall be observed in all new construction except for single-family dwellings:
(1)
Safeguards. Provisions shall be made to protect against hazardous materials discharge or loss through corrosion, accidental damage, spillage or vandalism through such measures as provision for spill control in the vicinity of chemical or fuel delivery points, secure storage areas for hazardous materials and indoor storage provisions for corrodible or dissolvable materials.
(2)
Location. Where the premises are partially outside of the Water Resource District, such potential pollution sources as on-site waste disposal systems shall, to the degree feasible, be located outside the district.
(3)
Disposal. Provisions shall be made to assure that any waste disposed on the site shall contain no hazardous materials in quantities substantially greater than associated with normal household use.
(4)
Drainage. Provision shall be made for on-site recharge of all stormwater runoff from impervious surfaces unless, following consultation with, and written approval from, the Conservation Commission, the Building Inspector determines that either recharge is infeasible because of site conditions or is undesirable because of uncontrollable risk to water quality from such recharge. Recharge shall be by surface infiltration through vegetative surfaces unless otherwise approved by the Building Inspector following consultation with the Conservation Commission. Dry wells shall be used only where other methods are infeasible and shall employ oil, grease and sediment traps. Drainage from loading areas for hazardous materials shall be separately collected for safe disposal. Floor drainage systems in commercial/industrial process areas which discharge to the ground without a Department of Environmental Protection permit are specially prohibited.
[Amended 10-5-1994 by Bylaw Amendment 94-270]
(5)
Placement of fill: Prior to the placement of any construction fill in excess of 15 cubic yards into a Zone II Water Resource District, a certification shall be presented to the Board of Appeals or its designated agent from a Department of Environmental Protection (DEP) Licensed Site Professional (LSP) that the fill material does not exceed the standards for oil and hazardous material set forth in the most recently published Massachusetts Contingency Plan (MCP). For the purposes of this bylaw only, the term "construction fill" shall include the following materials: ordinary and special borrow, gravel, processed gravel for subbase, sand borrow, sand borrow for subdrains, loam, peat, processed planting material and topsoil.
[Added 5-19-1999 by Bylaw Amendment 98-398]
F.
Installation of new public sewers. [Note: Refer to § 300-12B(2) of Chapter 300, Subdivision of Land, regarding construction of sanitary sewers within a Water Resource District.]
(1)
New public sewers within the Water Resource District shall be designed and constructed in a manner such that groundwater levels, flows and/or recharge will not be significantly lowered, diverted or otherwise altered by such construction.
(2)
Review by the Director of Public Works. Within the Water Resource District, all plans and specifications for new public or private sewers must meet Department Public Works standards and shall be submitted to the Director of Public Works for review and approval. For sewers commissioned by nonmunicipal entities, the Director of Public Works shall require resident inspection of sewer construction, to be provided at the applicant's expense.
(3)
Proximity to municipal wells. Where possible, no sewer line shall be placed within 600 feet of a municipal well or within the zone of influence of a municipal well, whichever is the greater distance. In addition, no private septic system shall be located closer than the distance required pursuant to 310 CMR 15.00, as amended.
(4)
Cleaning and inspection. A schedule of regular periodic cleaning and inspection of all sewers within the Water Resource District shall be maintained and reports filed with the Director of Public Works until such time as the street has been accepted by the Town.
(5)
Alternatives. Design and construction proposals differing from Department of Public Works standards may be approved by special permit by the Board of Appeals after consultation with the Director of Public Works, the Conservation Commission and the Board of Health, if the Board of Appeals determines, based on reports of subsurface investigations, that the alternative design affords groundwater protection as great as or greater than the requirements of this section.
G.
Special permits.
(1)
Authority and procedure. For purposes of this section, the special permit granting authority shall be the Board of Appeals. Upon receipt of the special permit application, the Board of Appeals shall transmit one copy each to the Planning Board, Conservation Commission, Board of Health and Building Inspector for their written recommendations. Failure to respond within 35 days of transmittal shall indicate approval by said agencies.
(2)
Submittals. In applying for a special permit under this section, the information listed below shall be submitted as specified in Subsection G(1) above:
(a)
A complete list of fall chemicals, pesticides, herbicides, fertilizers, fuels or other hazardous or potentially hazardous materials to be used or stored on the premises in containers each holding more than 55 gallons' liquid volume or 25 pounds' dry weight, accompanied by a detailed description of:
[1]
The measures proposed to protect all storage containers or facilities from vandalism, corrosion and leakage.
[2]
The methods of containment.
[3]
Spill prevention and control measures.
[4]
Emergency cleanup procedures.
[5]
On-site personnel training program.
[6]
Evidence of compliance with the regulations of the Massachusetts Hazardous Waste Management Act, 310 CMR 30, including obtaining an Environmental Protection Agency identification number from the Department of Environmental Protection, and compliance with Chapter 99, Hazardous Materials, of the Code of the Town of Franklin, Massachusetts.
(b)
A description of potentially hazardous wastes to be generated, including storage and disposal methods as in Subsection G(2)(a) above.
(c)
For aboveground storage of hazardous materials or wastes, evidence of qualified professional supervision of design and installation of such storage facilities or containers and the information required by Subsection G(2)(a).
(d)
For disposal on site of domestic wastewater with an estimated sewage flow greater than 2,500 gallons per day and less than 10,000 gallons per day, evidence of qualified professional supervision of design and installation, including an assessment of nitrate or coliform bacteria impact on groundwater quality.
(e)
Proposed location(s) for groundwater monitoring well(s), should the Board of Appeals deem the activity a potential groundwater threat.
(3)
Special permit criteria.
(a)
Special permits under this subsection shall be granted only if the Board of Appeals determines that:
[1]
Groundwater quality resulting from on-site waste disposal, other operations on site and natural recharge will not fall below federal or state standards for drinking water or that, if existing groundwater quality is already below those standards, on-site disposal or operations will result in no further deterioration.
[2]
Proposed control and response measures adequately and reliably mitigate risk to groundwater quality resulting from accident or system failure.
[3]
The proposed use is designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.
[4]
The criteria of § 185-45E(3), Administration and enforcement, special permits criteria, must be satisfied in cases where a special permit variance is also necessitated by provisions outside of this section.
(b)
In its decision, the Board of Appeals shall explain any departures from the recommendations of other Town agencies in its decision. The Board of Appeals shall retain qualified experts, upon notice to and at the reasonable expense of the applicant, if necessary in order to evaluate the application. If necessary, the Board of Appeals may attach reasonable conditions to its approval as necessary to protect the public health, safety and welfare.
(4)
Conditions. Special permits shall be granted only subject to such conditions as necessary to assure adequate protection of the public health and safety and the safeguarding of water quality and shall include the following, among others:
(a)
Potential pollution sources shall have monitoring wells, with periodic sampling to be provided to the Board of Health annually, or as directed by the Board of Health, at the owner's expense.
(b)
Pollutant source reduction, including limitations on use of parking area deicing materials and periodic cleaning or renovation of pollution control devices such as catch basin sumps.[1]
[1]
Editor's Note: Former Subsection G(5), pertaining to variances and special permits, which immediately followed this subsection, was repealed 10-5-1994 by Bylaw Amendment 94-270.
I.
Violations.
(1)
Written notice of any violations of this section shall be given by the Building Commissioner to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the owner of record of the property by registered mail 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 preventative measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the Building Commissioner, the Board of Health, Conservation Commission, Department of Public Works and Water Department. The cost of any preventative measures necessary to protect the Water Resource District shall be borne by the owner and operator of the premises.
(2)
For situations that require remedial action to prevent adverse impact to the water resources within the Water Resource District, the Town of Franklin, the Building Commissioner, the Board of Health or any of his or its agents may order the owner or operator of the premises to remedy the violation. If said owner and/or operator does not comply with said order, the Town of Franklin, Building Commissioner, the Board of Health or any of his or its 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.
J.
Severability. A determination that any portion or provision of this overlay protection district is invalid shall not invalidate any other portion or provision thereof, nor shall it invalidate any special permit previously issued thereunder.
§ 185-41 Hazardous uses.
[Added 5-12-1986 by Bylaw Amendment 86-66]
A.
Purpose. The purpose of this section is to protect the public health and safety from off-site exposure to hazards from on-site activities.
B.
Applicability. The following shall apply to special permits for hazardous uses.
C.
Special permit submittals.
(1)
In applying for a special permit under this section, the following shall be submitted unless the Board of Appeals, prior to formal application, determines that certain of these items are not germane:
(a)
A list of all toxic or hazardous substances, if any, to be manufactured on the premises and a statement of the quantities of such substances to be on the premises at any time.
(c)
A list of the substances to be emitted which result in either classification as a major new stationary source of air pollution or a use emitting hazardous air pollutants and a statement of the quantities to be emitted.
(d)
A description of the precautions, handling practices, materials monitoring, ambients monitoring, containment and diversionary structures or equipment, inspecting and testing procedures for pollution equipment and other safety measures proposed to protect the community and the environment, including a sketch plan of the site identifying where any materials specified in Subsection C(1)(a), (b) and (c) above will be located in relation to the boundaries of the premises.
(e)
A hazard prevention and contingency response plan outlining measures to be taken in the event of spill, fire, corrosion, leakage, vandalism or other contingency. Such plan shall include prediction of the direction, rate of movement and total quantity of fluids or air pollutants which could be discharged as a result of failure, actions to be taken in such circumstances and proposed personnel training procedures in emergency response.
(f)
A risk analysis prepared by an analyst or analysts qualified with respect to the substances involved, examining the reliability of the protective measures proposed and the potential health and safety consequences of their failure.
(g)
A statement regarding whether, in the event of failure of all proposed safeguards and recovery systems and in light of the on-site volume, nature and location of each substance reported according to Subsection C(1)(a), (b) and (c), there would be any adverse health or safety consequences for any person beyond the boundaries of the premises, given consideration of on-site decay, dilution or dispersion in the absence of those safeguards.
(2)
Upon receipt of the special permit application, the special permit granting authority shall transmit one copy each to the Planning Board, the Conservation Commission and the Board of Health for their written recommendations.
D.
Special permit criteria.
(1)
Special permits under this § 185-41 shall be granted only if the Board of Appeals determines that the proposed activity will not pose a risk to public health or safety or to the environment so great that it overbalances the fiscal and other benefits of the proposal. The criteria of § 185-45E(3) must be satisfied in cases where a special permit is also necessitated by provisions other than those in this section.
(2)
In making such determination, the Board of Appeals shall give consideration to the degree of threat posed to human health and the environment by the presence of the substances identified in Subsection C(1)(a), (b) and (c) and the reliability of the measures proposed to protect the general public and the environment from such substances.
(3)
The Board of Appeals may retain qualified experts at the reasonable expense of the applicant if necessary in order to evaluate the application and may attach reasonable conditions to its approval as necessary to protect the public health and safety.
E.
Change of operations. Approval of a special permit shall certify the Town's acceptance of the conformity of the basic use, structure and equipment with these requirements. Any subsequent change exceeding any limitations established in a special permit or any change in a use resulting in it becoming a hazardous use as defined herein shall constitute a change of use and shall require a special permit as provided herein.
§ 185-42 Biotechnology uses.
[Added 11-3-1993 by Bylaw Amendment 93-245[1]; 7-9-2008 by Bylaw Amendment 08-618; 3-17-2010 by Bylaw Amendment 10-640]
A.
Purpose. The purpose of this section is to protect the public from risks and potential risks posed by biotechnology uses in the Town of Franklin, including but not limited to experimentation with or use of recombinant DNA (rDNA) technology.
B.
Use limitations and conditions. Biotechnology uses are allowed subject to the following limitations and conditions:
(1)
Biotechnology uses are permitted within the Biotechnology Use Zoning District delineated on the maps entitled "Town of Franklin Biotechnology District 1A" and dated January 4, 2010, and "Town of Franklin Biotechnology District 1B" and dated November 6, 2009, appended to this Zoning Bylaw and on file with the Town Clerk and the Building Commissioner.
(2)
Use, storage or experimentation with hazardous infectious agents, including but not limited to agents developed through rDNA technology, that are classified by National Institute of Health guidelines as requiring Biosafety Level 4 (BSL-4) containment are not permitted in the Town of Franklin.
(3)
All biotechnology uses shall comply with the Guidelines for Research Involving DNA Molecules as promulgated by the National Institutes of Health (NIH) of the United States Department of Health and Human Services and published in the Federal Register on May 7, 1986, and any subsequent amendments.
(4)
All biotechnology uses within the Town of Franklin shall comply with Franklin Board of Health Biotechnology Regulations, Chapter 198 of Franklin's Town Code.
(5)
A Franklin Board of Health biotechnology operating protocol permit shall be obtained prior to commencing a biotechnology use or constructing any structure for such use.
(6)
Supplemental site plan submittal requirements. Where biotechnology use is proposed and site plan review approval is required, all approved site plans will contain the following condition: A Franklin Board of Health biotechnology operating protocol permit shall be obtained prior to commencing a biotechnology use or constructing any structure for such use.
(7)
Municipal sewer service must be available and the applicant shall be required to connect.
[1]
Editor's Note: Former § 185-42, Development rate limitation, added 10-8-1986 by Bylaw Amendment 86-72, was repealed 10-4-1989 by Bylaw Amendment 89-168.
§ 185-43 Open space development.
[Added 11-4-1987 by Bylaw Amendment 87-105; amended 7-5-1995 by Bylaw Amendment 95-294]
A.
The purpose of this section is to provide for the public interest by permanently preserving specific land in its natural state and natural landscape features, to provide land for active and passive recreation and to promote variety in single-family residential housing patterns by encouraging development which is designed to accommodate and preserve a site's physical characteristics such as topography, vegetation, water bodies, wetlands, open spaces including farmlands and meadows, major scenic views and wildlife habitats. In making determinations under this bylaw, the Planning Board shall compare the impact of an open space development with potential conventional development and may approve open space development only if the Planning Board determines that the proposal is superior to a conventional development and in the best interests of the Town. It is not the intent of this bylaw to make undevelopable land developable or to permit an increase in the number of building lots that would otherwise be permissible on a conventional plan, but rather to encourage the preservation of important site features and to enhance recreational opportunities.
B.
General requirements.
(1)
Any parcel of land consisting of not less than five acres located within Rural Residential I, Rural Residential II and Residential VI Districts may be considered for an open space development subject to a special permit issued by the Planning Board.
(2)
The basic number of lots or dwelling units allowed shall equal the number of lots which could reasonably be expected to be developed under a conventional plan in full conformance with zoning, subdivision regulations and health codes, as determined by the Planning Board, following consultation with or review by the Conservation Commission, as set forth in § 185-43F.
(3)
The lot, area, frontage and yard requirements which must be met for individual lots shall be no less than 1/2 those required under the Schedule of Lot, Area, Frontage, Yard and Height Requirements of the underlying zoning district.[1] The exception to this requirement is that the proposed front yard must meet 100% of the minimum yard dimensions for the underlying zoning district.
[Amended 1-11-1999 by Bylaw Amendment 98-394]
[1]
Editor's Note: The Schedule of Lot, Area, Frontage, Yard and Height Requirements is included at the end of this chapter.
(4)
After an open space development application has been submitted, no tree removal, utility installation, ditching, grading, construction of roads, grading of land or lots, excavation except for purposes of soil testing, dredging or filling or construction of buildings or structures shall be done on any part of the open space parcel until the application has been reviewed and approved as provided by this section.
(5)
Open space areas should not be areas known to contain or suspected of containing hazardous wastes. The Planning Board shall require a 21-E report to be submitted prior to approval of an open space development if the presence of hazardous materials is suspected.
C.
Criteria for critical land to be preserved. The Planning Board shall make a determination, with the advice of the Conservation Commission, that the land to be preserved or deeded for open space preservation is of critical importance for retention, as specified below, or hat the land of the parcel that is being developed is not of critical importance for retention. Any one of the following shall be deemed land of critical importance:
(1)
Land within the Water Resource District.
(2)
Land from which or across which there are important scenic views from publicly accessible points.
(3)
Land of special habitat or ecological value and fragility.
(4)
Land abutting publicly owned land to which the public has rights of access, or land abutting land which is under a conservation easement or agricultural easement, or land abutting land which is owned by a nonprofit corporation, the principal purpose of which is the conservation of open space.
(5)
Land within 200 feet of existing roads.
(6)
Land which is proposed to be developed by the applicant for active recreational use, including playing fields, boat launching areas, playgrounds and neighborhood parks.
(7)
Land which preserves existing trail networks or land on which new trails will be developed as part of the development for integration into an existing trail network.
D.
Performance standards. Prior to the issuance of a special permit for an open space development, the Planning Board shall find and the applicant shall submit the information necessary to demonstrate that the following standards have been met:
(1)
The natural landscape is preserved in large, contiguous areas, except when part of the open space is to be used for active recreational use as approved by the Planning Board.
(2)
Open space is used to protect valuable natural environments, avoiding the development of geographically unsuitable land, or to provide active recreation land.
(3)
Extensive topographic changes necessitating vegetation and tree removal are minimized. The site design shall preserve and, where possible, enhance the natural features of the property, including scenic views, by adapting the location and placement of structures, if any are approved, and ways to the existing topography in order to minimize the amount of soil removal, tree cutting and general disturbance to the landscape and surrounding properties.
(4)
Scenic views from public ways are preserved. Driveway cuts on existing public ways shall be at the discretion of the Planning Board and become a condition of the special permit.
(5)
At the discretion of the Planning Board, a landscape easement may be imposed on the outer perimeter lot lines of all perimeter lots which abut developed land or developable land, which easement shall be, at a maximum, 40 feet and in which no alteration of the natural vegetative and topographical state shall occur and no structures may be placed, except that the Planning Board may require additional plantings sufficient to provide screening if the abutting land is developed. This area shall not be included in the calculations for open space.
(6)
There is a variation in lot sizes, shapes and building locations.
(7)
The development will provide acceptable levels of pedestrian and vehicular safety within the site and will not cause unreasonable traffic congestion or unsafe conditions.
(8)
The development will provide for and maintain convenient and safe emergency vehicle access to all buildings and structures at all times.
(9)
Anticipated stormwater runoff from the site shall not exceed peak runoff from the site prior to development. The applicant shall submit formal drainage calculations by a registered professional engineer for this purpose.
(10)
Proper soil erosion and sedimentation control measures shall be employed to minimize sedimentation and siltation of existing surface water bodies and wetlands, as approved by the Franklin Conservation Commission.
E.
Open space.
(1)
Design and use. The open space shall be designed and maintained in accordance with the following standards:
(a)
At least 20% of the original parcel area must be preserved open space. This shall not include land set aside for roads and/or parking uses or buffer zones. No more than 50% of the proposed open space may contain land considered as wetland resource areas, other than "isolated lands subject to flooding," as defined in any regulations promulgated by the Department of Environmental Protection pursuant to MGL c. 131, § 40, as such regulations or statute may from time to time be amended.
(b)
Open space shall be planned as large, contiguous parcels whenever possible, although open space may be in more than one parcel, provided that the size, shape and location of such parcels are suitable for the designated uses. Strips or narrow parcels of open space shall be permitted only when necessary for access or as vegetated buffers along the site's perimeter, other than the landscaped easement requirement in 185-43D(5).
(c)
No more than 10% of the open space shall be covered by man-made impervious surfaces, and only at the discretion of the Planning Board and by specific condition of the special permit.
(d)
Open space may be used for passive recreation, conservation, forestry, agriculture, natural buffers, structures necessary to approved uses, utilities and other facilities necessary for the convenience and enjoyment of the residents, subject to approval by the Planning Board. Open space may be used for active recreation if the Planning Board determines the use is compatible with existing site features.
(e)
Unless otherwise approved by the Planning Board in its special permit decision, open space shall be maintained in its natural open state. Maintaining such land in its natural open state shall mean that the land shall remain in its natural state without the removal or disturbance of trees, vegetation or earth. Neither temporary site access nor temporary structures associated with construction activity shall be permitted on reserved open space, nor shall open space areas be used as staging areas during construction. Detention/retention ponds shall not be located in open space areas. Maintaining such land in its natural open state shall be the obligation of the owner and the applicant from the date of application through to the date of conveyance in accordance with the terms of the special permit.
(f)
Prior to the beginning of any work on the site, wetlands and the perimeter of open space areas shall be flagged. The Conservation Commission shall review the open space and provide a baseline report to the Planning Board, to establish the present condition. As a condition of each special permit granted, the applicant shall provide complete monumentation of the open space, in accordance with Land Court standards, prior to the construction of any lots.
(2)
Ownership and management.
(a)
Open space in an open space development shall be conveyed to the Town of Franklin for park or open space use; a nonprofit corporation, the principal purpose of which is the conservation of open space; or to a corporation or trust owned or to be owned by the owners of lots within the development. A corporation or trust owned or to be owned by the owners of lots within the development shall be utilized for the temporary ownership and management of the open space, until such time as the open space is offered to and accepted by the Town of Franklin, or a nonprofit corporation as identified above. If a corporation or trust owned by the owners of lots is utilized for purposes of permanent ownership and management, the timing, or the event which shall cause ownership thereof to pass, shall be specified in the special permit. In any case, where such land is not conveyed to the Town, an easement, running to the benefit of and enforceable by the Town, shall be recorded providing that such land shall be retained in perpetuity in an open and natural state and shall not be built upon for residential use or developed for accessory uses such as parking or roadways.
(b)
If the open space is not to be conveyed to the Town, then the applicant shall submit a land use management plan to the Board, which plan shall specify the work to be accomplished prior to conveyance.
(c)
If the open space is not to be conveyed to the Town, the application for an open space development special permit shall also provide as part of the open space proposal an agreement authorizing but not obligating the Town to perform maintenance of the open space in the event of failure to comply with the program included in the application pursuant to the preceding section, providing that, if the Town is required to perform any maintenance work, the owners shall pay the cost thereof.
(d)
Forms of all documents necessary to convey or restrict the open space shall be submitted to the Planning Board, and the Board shall consult with Town Attorney as to the adequacy of the forms prior to the close of the public hearing. Failure to provide forms satisfactory to the Planning Board shall be grounds for denial of the permit.
F.
Procedures. The application process for open space development is comprised of two steps, as outlined below.
(1)
Concept plan/preliminary plan. Applicants for an open space special permit and development shall first file the following:
(a)
Ten copies each of an open space development concept plan and a conventional subdivision plan, each conforming to the requirements for a preliminary subdivision plan under the Subdivision Regulations of the Planning Board.[2] In addition to the preliminary plan content requirements, the plans shall show the following. The preliminary plan shall also state how and by whom the open space plan shall be maintained to standards satisfactory to the Planning Board.
(1) | Existing landscape features such as existing topography, vegetative cover, wetlands, springs, lakes, ponds, streams, rock outcroppings, stone walls, cliffs, forest glades, drumlins, high points, hill tops, ridges, farm fields, meadows and scenic vistas; also, zoning boundaries and, unless proposed for public sewerage, the results of deep soil test pits and percolation tests at the rate of not less than one per every five acres; | |
(2) | Approximate location of existing and proposed structures; and | |
(3) | The open space concept plan shall also show open space, indicating proposed use of open space, recreation areas, parking areas and existing and proposed trails and accompanying land use management plan. |
(2)
Concept approval. Approval of the open space development concept plan may be granted if the Planning Board, following consultation with or review by the Conservation Commission, determines an open space development would be preferable to a conventional subdivision based on the criteria set forth in § 185-43C.
(3)
Special permit/definitive plan. If the concept/preliminary plan is approved for an open space development, the applicant shall submit a special permit application and a definitive plan in conformity with the requirements and procedures for definitive plan submission and review under the Subdivision Rules and Regulations of the Planning Board.[3] The following may also be required:
(4)
Special permit decision.
(a)
The Planning Board may grant a special permit under this section only if it finds that the open space development proposal will be in harmony with the general purpose and intent of this bylaw; meets all general requirements, criteria and performance standards of this bylaw; will not have a detrimental impact on the neighborhood or abutting properties; and is superior to a conventional plan in preserving open space, minimizing environmental disruption and allowing for more efficient provision of services.
(b)
The Planning Board may impose any conditions and/or safeguards which further the purposes of this section.
(c)
If the Planning Board disagrees with any recommendations of the Conservation Commission or any other board or department, it shall state its reasons therefor in writing.
(d)
If the open space is to be conveyed to the Town or to a nonprofit corporation as specified in § 185-43E(2)(a), it shall be free of any mortgage interest or security interest and subject to a perpetual restriction of the type described above, and so conveyed, prior to the Planning Board's final release of the surety. The applicant shall provide satisfactory evidence of said conveyance and recording in the forms of copies of the recorded instrument beating the recording stamp, or otherwise as the Board may direct.
(e)
Any other penalties notwithstanding, the violation of any term of the special permit or this bylaw shall be deemed to be sufficient grounds for the Planning Board to conduct a public hearing, on its own motion, to modify or rescind approval of the subdivision approval, and further to seek zoning enforcement through the offices of Building Commissioner, the Board of Appeals and Superior Court.
§ 185-44 Wireless Communications Services District.
[Added 10-16-1996 by Bylaw Amendment 96-319[1]; amended 7-23-1997 by Bylaw Amendment 97-336]
A.
Purpose. The purpose of this section is to establish a district in which wireless communications services may be provided by special permit with minimal harm to the public health, safety and general welfare. Specifically, the Wireless Communications Services District has been created to:
(a) | Protect the general public from hazards associated with wireless communications towers; and | |
(b) | Minimize visual impacts from wireless communications towers in residential districts within Franklin. | |
For the purposes of this section, wireless communications services shall mean the provision of the following types of services: cellular telephone service, personal communications and enhanced specialized mobile radio service. Such services, it is anticipated, will be provided via wireless communications towers, including antennas and accessory structures, if any. |
B.
Location. The Wireless Communications Services District shall be located on:
1. | All land zoned Industrial which is located south or west of the side line of Interstate 495. | |
2. | All land located within the easement shown as Boston Edison Company easement; and New England Power Service Company Easement, except for the New England Power Service Company Easement which runs northwesterly from the Wrentham Town Line to and ending at Summer Street, on a plan entitled "Town of Franklin, Massachusetts," scale one inch equals 1,000 feet, prepared by the Framingham State College Department of Geography, Framingham, Massachusetts, August 1974, which plan is on file in the office of the Town Clerk and is incorporated herein by references; | |
3. | All land owned by the Town of Franklin on which a water tower or water tank is situated, provided that the antennas will not extend above the height of the tank by more than five feet and that the antennas have to be screened in such a way that they appear to be a part of the tank. |
The Wireless Communications Services District shall be construed as an overlay district with regard to said locations. All requirements of the underlying zoning district shall remain in full force and effect, except as may be specifically superseded herein. |
C.
Submittal requirements. As part of any application for a special permit, applicants shall submit at a minimum six copies of the following:
(1)
The site plan prepared by a professional engineer at a scale of 1 to 40 which will show the following:
(a)
Tower location, including guy wires, if any, and tower height.
(b)
Accessory building for switching equipment.
(c)
Topography.
(d)
Other feasible sites, if any.
(e)
Fencing and landscaping.
(f)
Access and parking.
(g)
Lighting.
(h)
Areas to be cleared of vegetation and trees.
(i)
Site boundaries.
(j)
Abutters.
(k)
A visual study depicting where within a three-mile radius any portion of the proposed tower could be seen.
[Amended 10-15-1997 by Bylaw Amendment 97-344]
(2)
The locus map at a scale of 1 to 1,000 which shall show all streets, bodies of water, landscape features, historic sites, habitats for endangered species within 200 feet and all buildings within 500 feet.
(3)
Reports prepared by one or more professional engineers, which shall:
(a)
Describe the tower and the technical, economic and other reasons for the tower design.
(b)
Demonstrate that the tower complies with all applicable standards of the federal and state governments.
(c)
Describe the capacity of the tower including the number and type of transmitter receivers that it can accommodate and the basis for the calculation of capacity.
(d)
Demonstrate that the tower and site comply with this regulation.
(e)
Demonstrate that the proposed sources of nonionizing electromagnetic radiation (NIER) will comply with the standards of the National Council of Radiation Protection (NCRP) and the Massachusetts Department of Health, whichever is stricter.
(f)
Demonstrate that exposures from the electromagnetic field (EMF) measured at the property line will be as low as reasonably achievable.
(4)
A copy of the requests made by the applicant to the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health to provide a written statement that the proposed tower complies with applicable regulations administered by the agency or that the tower is exempt from those regulations and a copy of the response from each agency. If such response is not received within 60 days, the application will be considered incomplete. The applicant shall send a subsequently received agency statement, if any, to the Planning Board.
(5)
Between submittal and the date of the advertisement of the public meeting, a balloon shall be put in place at the height of the proposed tower. The balloon shall be of a size and color that can be seen from every direction for a distance of one mile.
D.
Use restrictions. A wireless communications tower and its appurtenances shall be located in accordance with the Federal Communication Commission (FCC) and the Federal Aviation Administration (FAA) regulations in effect at the time of construction and further that the operation shall comply with all requirements of these agencies, such towers (including antennas and accessory structures, if any) may be erected in a Wireless Communications Services District upon the issuance of a special permit by the Board of Appeals pursuant to § 185-45E, subject to site plan approval, as set forth herein at § 185-31, as may be amended, except that the site plan review and approval authority for the Wireless Communications Services District shall be the Board of Appeals and subject to all of the following conditions:
(1)
To the extent feasible, all service providers shall colocate on a single tower. Towers shall be designed to structurally accommodate the maximum number of foreseeable users (within a ten-year period) technically practicable. An affidavit must be submitted with the application stating that space on the proposed tower will be made available to future users when technically possible.
[Amended 10-15-1997 by Bylaw Amendment 97-344]
(2)
New towers shall be considered only upon a finding by the Board of Appeals that existing or approved towers, including towers located within the easement described in Subsection B(2) hereof, cannot accommodate the wireless communications equipment planned for the proposed tower. Certified mail receipts to all other tower users in the area stating their siting needs and/or sharing of capabilities.
[Amended 10-15-1997 by Bylaw Amendment 97-344]
(3)
In no event shall any such tower be located closer than one mile to any other such tower, unless the applicant can show that there is no existing space on one of the existing towers which can be leased or procured.
(5)
A tower shall not be erected nearer to any property line than a distance equal to the vertical height of the tower (inclusive of any appurtenant devices), measured at the mean finished grade of the tower base.
(6)
Distance from all existing residential buildings shall be at least 250 feet.
(7)
To the extent feasible, all network interconnections from the communications site shall be via land lines.
(8)
Clearing shall be performed in a manner which will maximize preservation of natural beauty and conservation of natural resources and which shall minimize marring and scarring of the landscape or silting of streams.
(a)
The time and method of clearing right-of-way should take into account soil stability, the protection of natural vegetation, the protection of adjacent resources, such as the protection of natural habitat for wildlife, and appropriate measures for the prevention of silt deposition in watercourses.
(b)
Clearing of natural vegetation should be limited to the material which poses a hazard to the tower.
(c)
The use of "bush blades" instead of dirt blades on bulldozers is recommended in clearing operations where such use will preserve the cover crop of grass, low growing brush or other vegetation.
(d)
Areas should be cleared only when necessary to the operation, maintenance and construction of the tower.
(9)
The tower shall minimize, to the extent feasible, adverse visual effects on the environment. The Board of Appeals may impose reasonable conditions to ensure this result, including painting and lighting standards.
(10)
Traffic associated with the tower and accessory facilities shall not adversely affect abutting ways, and access shall be provided to a site by a roadway which respects the natural terrain, does not appear as a scar on the landscape and is approved by the Zoning Board of appeals and the Fire Chief to assure emergency access at all times. Consideration shall be given to design which minimizes erosion, construction on unstable soils and steps slopes.
(11)
Applicants proposing to erect wireless communications towers, accessory facilities and structures on land or structures shall provide evidence of contractual authorization from the owner(s) to conduct wireless communications services on the property.
(12)
Any extension, addition of cells or construction of new or replacement towers or transmitters shall be subject to an amendment to the special permit, following the same procedure as for an original grant of a special permit.
(13)
Setback from designated wetlands, water bodies and areas with a slope in excess of 5% shall be at least 150 feet.
(14)
Fencing shall be provided to control access to the base of the tower which fencing shall be compatible with the scenic character of the Town and shall not be of barbed wire or razor wire, nor shall any fence be electrified.
[Amended 10-15-1997 by Bylaw Amendment 97-344]
(15)
The fencing shall be surrounded by a row of evergreen trees or other screening materials, a minimum of eight feet tall and a maximum of 10 feet apart planted around the perimeter of the fence. In addition, a continuous hedge at least 30 inches high at planting capable of growing to at least 36 inches in height within 18 months planted in front of the tree line referenced above.
[Added 10-15-1997 by Bylaw Amendment 97-344[2]]
(16)
The applicant shall demonstrate to the satisfaction of the Zoning Board of Appeals that the location of the tower is suitable and that the size and height is the minimum necessary for the purpose.
(17)
There shall be no signs, except for announcement signs, no trespassing signs and a required sign giving a phone number where the owner can be reached on a twenty-four-hour basis. All signs shall conform with the sign requirements of this chapter and shall be subject to development plan review.
(18)
Accessory uses shall be limited to one structure per use per tower, but shall not exceed then 10 structures per tower. If more than one use, the accessory building shall be connected by a common wall. Each structure shall not exceed 400 square feet in size and 10 feet in height and shall be of the same design and color.
E.
Development requirements. Visual impacts of the tower shall be minimized.
(1)
The applicant shall demonstrate that the proposed tower is the minimum height necessary to accommodate the transmitter or receiver.
(2)
All towers shall be monopole in type.
(3)
Silver paint or a galvanized finish shall be used on the tower above the tree line to blend with the landscape. Green paint to blend with the landscape shall be used to the tree line. A tower constructed within 100 feet of a residential district shall be camouflaged.
(4)
Night lighting of towers shall be prohibited unless required by the Federal Aviation Administration (FAA). Lighting shall be limited to that needed for emergencies and/or as required by the FAA. When lighting is required, it shall be oriented inward so as not to project onto surrounding residential property.
[Amended 10-15-1997 by Bylaw Amendment 97-344]
(5)
Siting shall be such that the view of the tower from other areas of Town shall be as minimal as possible.
(6)
Shared use of towers shall be encouraged. When technically not practical, towers shall be separated on the site so that, if the support structure of one fails, it will not strike another.
(7)
No separate, freestanding towers shall be located on the site of a Town-owned water tower or water tank. Wireless communications facilities on such sides and structures shall be limited to antennas which are attached to water towers and water tanks and accessory equipment and structures.
(8)
The tower shall be designed to accommodate the maximum number of uses technologically practical.
F.
Conditions of use and nonuse. All unused towers or parts thereof or accessory facilities and structures which have not been used for one year shall be dismantled and removed at the owner's expense.
(1)
The tower and its transmission shall comply in all respects with the current standards of the American National Standards Institute (ANSI) and the National Council for Radiation Protection (NCRP), whichever are stricter.
(2)
If new technology is developed which is determined by the SPGA to be safer and less obtrusive to the landscape, it shall be substituted.
G.
Performance guaranties. Insurance in a reasonable amount, determined and approved by the Zoning Board of Appeals after consultation at the expense of the applicant with one or more insurance companies, shall be in force to cover damage from the structure, damage from transmissions and other site liabilities. Annual proof of said insurance shall be filed with the Town Clerk.
H.
Operation. Monitoring, testing and inspection shall be in accordance with the Regulations of the Massachusetts Department of Public Health, 105 CMR 122, Regulations Governing Fixed Facilities Which Generate Electromagnetic Fields in the Frequency Range of 300 kHz to 100 Ghz and Microwave Ovens and other requirements of the Department.
I.
J.
Public hearing requirements.
(1)
Public hearings will be required as outlined in § 185-45D(3) of the Franklin Town Code.
(2)
Section 185-45D(3)(c) of the Franklin Town Code is amended for the purposes of Wireless Communications Towers and Antennas by extending to 500 feet the radius requiring notification of all property owners when the proposed Wireless Communications Towers and Antennas are proposed to be closer than 500 feet from any residential zone. Other portions of this subsection will remain as currently approved.
§ 185-45 Administration and enforcement.
A.
Enforcement. This chapter shall be enforced by the Building Commissioner. No action taken under the enforcement powers of this chapter shall be in contradiction to the provisions of Chapter 40A of the General Laws, as adopted or amended.
B.
Building or use permit.
(1)
Compliance certification. No development shall be undertaken without certification by the Building Commissioner that such action is in compliance with then-applicable zoning or without review by him regarding whether all necessary permits have been received from those governmental agencies from which approval is required by federal, state or local law. Issuance of a building permit or certificate of use and occupancy, where required under the Commonwealth of Massachusetts State Building Code, may serve as such certification. "Development," for these purposes, shall mean erecting, moving, substantially altering or changing the use of a building, sign or other structure or changing the principal use of land.
(2)
Submittals. In addition to any information which may be required under the Commonwealth of Massachusetts State Building Code, the Building Commissioner shall require of applicants such information as he deems necessary to determine compliance with this Zoning Bylaw. This may include such things as a site plan indicating land and building uses and provisions for vehicular parking and egress, location of floodplain control elevations and evidence of performance compliance under § 185-22. A record of all applications, plans and permits shall be kept on file by the Building Commissioner.
(3)
Conformance. Construction or operations under a building permit shall conform to any subsequent amendment of this chapter, unless the use or construction is commenced within a period of six months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.
C.
Occupancy permits. No premises and no building or structure erected, altered or in any way changed as to construction or use, under a permit or otherwise, shall be occupied or used without an occupancy permit signed by the Building Commissioner. Such permit shall not be issued until the premises, building or structure and its uses and accessory uses comply in all respects with this chapter. A record of all applications and occupancy permits shall be kept on file with the Building Commissioner.
D.
Board of Appeals.
(2)
Powers. The Board of Appeals shall have and exercise all the powers granted to it by Chapters 40A and 41 of the General Laws and by this chapter. The Board's powers are as follows:
(a)
To hear and decide applications for special permits upon which the Board is empowered to act under this chapter. Special permits shall be granted by the Board of Appeals only upon its written determination that the proposed use will not have adverse effects which overbalance its beneficial effects on either the neighborhood or the Town, in view of the particular characteristics of the site and of the proposal in relation to that site. This determination shall be in addition to the following specific findings:
[Amended 3-21-2012 by Bylaw Amendment 12-669]
(1)
Proposed project addresses or is consistent with neighborhood or Town need.
(2)
Vehicular traffic flow, access and parking and pedestrian safety are properly addressed.
(3)
Public roadways, drainage, utilities and other infrastructure are adequate or will be upgraded to accommodate development.
(4)
Neighborhood character and social structure will not be negatively impacted.
(5)
Project will not destroy or cause substantial damage to any environmentally significant natural resource, habitat, or feature or, if it will, proposed mitigation, remediation, replication, or compensatory measures are adequate.
(6)
Number, height, bulk, location and siting of building(s) and structure(s) will not result in abutting properties being deprived of light or fresh air circulation or being exposed to flooding or subjected to excessive noise, odor, light, vibrations, or airborne particulates.
(7)
Water consumption and sewer use, taking into consideration current and projected future local water supply and demand and wastewater treatment capacity, will not be excessive.
(b)
To hear and decide petitions for variances. Variances from the terms of this chapter, including variances for use, may be authorized by the Board of Appeals with respect to particular land or structures, but only in cases where the Board finds all of the following:
[1]
A literal enforcement of the provisions of this chapter would involve a substantial hardship, financial or otherwise, to the petitioner or appellant.
[2]
The hardship is owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located.
(c)
To hear and decide other appeals. Other appeals will also be heard and decided by the Board of Appeals when taken by:
(d)
To issue comprehensive permits. Comprehensive permits for construction may be issued by the Board of Appeals for construction of low- or moderate-income housing by a public agency or limited dividend or nonprofit corporation upon the Board's determination that such construction would be consistent with local zoning, building, health or subdivision requirements, as authorized by MGL c. 40N, §§ 20-23.
(e)
To issue withheld building permits. Building permits withheld by the Building Commissioner acting under MGL c. 41, § 81Y, as a means of enforcing the Subdivision Control Law may be issued by the Board of Appeals where the Board finds practical difficulty or unnecessary hardship and if the circumstances of the case do not require that the building be related to a way shown on the subdivision plan in question.
(3)
Public hearings. The Board of Appeals shall hold public hearings in accordance with the provisions of Chapters 40A and 41 of the General Laws, on all appeals and petitions brought before it, in accordance with the provisions set forth below:
[Amended 3-20-1996 by Bylaw Amendment 96-308]
(a)
Notice of all public hearings shall be advertised, at the expense of the applicant, in the newspaper designated by the Town Council at least once in each of two successive weeks, with the first such notice appearing at least 14 days prior to the public hearing.
(b)
The content of the notice shall include, at a minimum, the name and address of the applicant; the location of the subject parcel(s); the location, day, date and time of the public hearing; the name, address and telephone number of the Zoning Board of Appeals; the relief or permission sought; and where and when the records of the filing may be viewed.
(c)
All property owners within a radius of 300 feet of the subject parcel, as certified by the Office of the Board of Assessors, shall be notified, at the applicant's expense, by Certified Mail, Return Receipt Requested, of the public hearing in a manner and form consistent with the above, with such mailing to occur at least 14 days prior to the date of the hearing, and the applicant shall be required to submit proof of advertising and mailing prior to the commencement of the public hearing.
(4)
Repetitive petitions. Repetitive petitions for exceptions, appeals and petitions for variances and applications to the Board of Appeals shall be limited as provided in MGL c. 40A, § 16.
(5)
Information. Applications, petitions or appeals to the Board of Appeals shall be made in writing on appropriate forms furnished by the Board, accompanied by such supporting information as the Board, under its regulations, may require.
(6)
Actions map and application fee. The Board shall, with the advice and assistance of the Building Commissioner, maintain and keep up-to-date a map indicating thereon by appropriate notations the locations of all actions, whether approved or disapproved. A fee in the amount as established in Chapter 82, Fees, of the Code of the Town of Franklin is to be paid with every application or request to the Board of Appeals, to pay the cost of notices prescribed by law. The fee shall be deposited with the Town of Franklin.
[Amended 11-4-1987 by Bylaw Amendment 87-101; 12-9-1987 by Bylaw Amendment 87-116]
E.
Special permits.
(1)
Special permit granting authority. Except where specifically designated otherwise, the Board of Appeals shall act as the special permit granting authority.
(2)
Public hearings. Special permits shall only be issued following public hearings held within 65 days after filing an application with the special permit granting authority, a copy of which shall forthwith be given to the Town Clerk by the applicant, with the notice for the public hearing being in accordance with the provisions set forth below:
[Amended 3-20-1996 by Bylaw Amendment 96-308]
(a)
Notice of all public hearings shall be advertised, at the expense of the applicant, in the newspaper designated by the Town Council at least once in each of two successive weeks, with the first such notice appearing at least 14 days prior to the public hearing.
(b)
The content of the notice shall include, at a minimum, the name and address of the applicant; the location of the subject parcel(s); the location, day, date and time of the public hearing; the name, address and telephone number of the special permit granting authority conducting the public hearing; the relief or permission sought; and where and when the records of the filing may be viewed.
(c)
All property owners within a radius of 300 feet of the subject parcel, as certified by the Office of the Board of Assessors, shall be notified, at the applicant's expense, by certified mail, return receipt requested, of the public hearing in a manner and form consistent with the above, with such mailing to occur at least 14 days prior to the date of the hearing, and the applicant shall be required to submit proof of advertising and mailing prior to the commencement of the public hearing.
(3)
Findings. Special permits shall be granted by the special permit granting authority only upon its written determination that the proposed use will not have adverse effects which overbalance its beneficial effects on either the neighborhood or the Town, in view of the particular characteristics of the site and of the proposal in relation to that site. This determination shall be in addition to the following specific findings:
[Amended 3-25-1987 by Bylaw Amendment 87-91; 3-21-2012 by Bylaw Amendment 12-669]
(a)
Proposed project addresses or is consistent with neighborhood or Town need.
(b)
Vehicular traffic flow, access and parking and pedestrian safety are properly addressed.
(c)
Public roadways, drainage, utilities and other infrastructure are adequate or will be upgraded to accommodate development.
(d)
Neighborhood character and social structure will not be negatively impacted.
(e)
Project will not destroy or cause substantial damage to any environmentally significant natural resource, habitat, or feature or, if it will, proposed mitigation, remediation, replication, or compensatory measures are adequate.
(f)
Number, height, bulk, location and siting of building(s) and structure(s) will not result in abutting properties being deprived of light or fresh air circulation or being exposed to flooding or subjected to excessive noise, odor, light, vibrations, or airborne particulates.
(g)
Water consumption and sewer use, taking into consideration current and projected future local water supply and demand and wastewater treatment capacity, will not be excessive.
(4)
Conditions. Special permits may be granted with such reasonable conditions, safeguards or limitations on time or use as the special permit granting authority may deem necessary to serve the purposes of this chapter.
(5)
Conformance. Construction or operations under a special permit shall conform to any subsequent amendment of this chapter unless the use or construction is commenced within a period of six months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.
(6)
Expiration. Special permits shall lapse if a substantial use thereof or construction has not begun, except for good cause, within 24 months of special permit approval, exclusive of such time required to pursue or await the determination of an appeal, referred to in MGL c. 40A, § 17, from the grant thereof.
F.
Planning Board. In cases where the Planning Board is designated as the special permit granting authority, its actions shall be based upon the same considerations and procedural requirements stated in this chapter for the Board of Appeals, including § 185-45D(2)(a), (3), (4), (5) and (6). As authorized in § 40A-9 of Chapter 40A, there shall be one associate member of the Planning Board. Such associate shall act on special permit applications when designated to do so by the Planning Board Chairman in case of absence, inability to act or conflict of interest on the part of any member of the Board, or in the event of a vacancy on the Board. The associate member shall be appointed initially until the first general Town election by majority vote of the members of the Town Council and the Planning Board, in the same manner as for filling a vacancy. The associate member shall be elected for a three-year term after the initial appointment.
[Amended 5-12-1986 by Bylaw Amendment 86-65; 8-4-1993 by Bylaw Amendment 93-238]
G.
Repetitive petitions. No proposed change in this chapter which has been unfavorably acted upon by the Town Council shall be considered on its merits by the Town Council within two years after the date of such unfavorable action, unless adoption of the of the proposed change is recommended in the final report of the Planning Board.
H.
Violations and penalties.
[Amended 11-14-1988 by Bylaw Amendment 88-136]
(1)
Any person violating any provision of this chapter, any of the conditions under which a permit is issued or any decision rendered by the Board of Appeals may be fined not more than $300 for each offense. Each day that such violation continues shall constitute a separate offense.
(2)
In addition to other remedies available under any law, this chapter, any conditions under which a permit is issued or any decision rendered by the Board of Appeals may be enforced by and at the discretion of MGL c. 40, § 21D, which provides for the noncriminal disposition of such offenses. When so enforced, the penalties for zoning violations of any type described in this section shall be:
I.
Amendment. This chapter may be amended from time to time in accordance with the provisions of MGL c. 40A, § 6.
J.
Other laws. Where the application of this chapter imposes greater restriction than those imposed by any other regulations, permits, easements, covenants or agreements, the provisions of this chapter shall control.
K.
Court appeal. Any person aggrieved by a decision of the Board of Appeals or any special permit granting authority, whether or not previously a party to the proceeding, or any municipal officer or board may, as provided in MGL c. 40A, § 17, appeal to the Superior Court or to the Land Court by bringing an action within 20 days after the decision has been filed with the Town Clerk.
L.
Consultant review fees.
[Added 5-3-1995 by Bylaw Amendment 95-286]
(1)
Applicability. The Planning Board and the Board of Appeals (hereafter referred to as the "Board"), each at its sole discretion, may separately determine that a proposed project coming under its jurisdiction warrants the use of outside consultants (such as engineers, planners, lawyers, hydrogeologists, or others) based upon the project's size, scale, complexity, potential impact or use of the land. Such consultants shall assist the Board, or any Town board or commission to which a matter is referred for review and comment prior to action by the Board, in plan review, impact analysis, inspection or other technical assistance necessary to ensure compliance with all relevant laws and regulations. Such consultants shall be selected and retained upon a majority vote of the Board, with the actual and reasonable costs for their services to be paid by the applicant. Consultant review services may be proposed by the Planning Board or the Zoning Board of Appeals or a Town board to which a matter has been referred by the Planning Board or the Board of Appeals, the Building Commissioner acting as the Zoning Enforcement Officer, the Regional Planning Services Office or the Town Administrator.
(a)
The Board will use outside consultant services to complete construction inspections upon the commencement of construction. The Franklin Department of Public Works Director, directly and through qualified employees of the Department of Public Works and outside consultant services shall act as the Board's inspector to assist the Board with inspections necessary to ensure compliance with all relevant laws, regulations and Board-approved plan specifications.
[Added 7-13-2011 by Bylaw Amendment 11-660]
Such consultants shall be selected and retained upon a majority vote of the Board, with the actual and reasonable costs for their services to be paid by the applicant before or at the time of the preconstruction meeting. Should additional inspections be required beyond the original scope of work, the applicant shall be required to submit fees prior to the issuance of a final certificate of completion. | |
The requirement for the Board to use outside consultant services to complete construction inspections upon the commencement of construction applies to all projects and related site plans submitted to the Board prior to the adoption of this bylaw amendment, as well as to projects previously approved by the Board where the timeline to complete construction is about to lapse, and the applicant requires Board approval of a renewal application. |
(2)
Selection appeal. The applicant shall be notified in writing of consultant selection at least seven days prior to the initiation of consultant efforts, unless this notice period is waived in writing by the applicant. As provided in MGL c. 44, § 53G, the applicant may administratively appeal the selection of the consultant to the Franklin Town Council on grounds that the proposed consultant selected has a conflict of interest or does not possess the minimum required qualifications of an educational degree or three or more years of practice in or closely related to the field at issue. Such an appeal may be initiated by the applicant filing notice with the Town Clerk within seven days of notice of selection. Consultant efforts shall not begin until any appeal has been decided or until one month passes without Council decision, in which case the selection made by the Board shall stand.
(3)
Special account. The applicant shall deposit with the Town Treasurer-Collector the amount of money determined by the Board as necessary for the consultant to complete its assignment. Such funds shall be deposited into a special account to be established by the Town Treasurer-Collector, as provided by MGL c. 44, § 53G. Expenditures from this special account may be made at the direction of the Board without further appropriation, but only in connection with the review of a specific project for which a consultant review fee has been collected. An additional fee shall be deposited as determined to be reasonable and necessary by the Board if the amount deposited is determined by the Board to be insufficient to complete the assignment. Any unexpended balance, including all accrued interest from the date of deposit, shall be repaid to the applicant or his successor in interest at the completion of the consultant's services.
(4)
Remedy. Failure of an applicant to pay the consultant review fee determined by the Board, or to replenish the special account when requested, shall be grounds for plan disapproval, denial of the application or permit, or refusal to release development security.
M.
Notice of public hearings.
[Added 3-20-1996 by Bylaw Amendment 96-308]
(1)
Notice of all public hearings shall be advertised, at the expense of the applicant, in the newspaper designated by the Town Council at least once in each of two successive weeks, with the first such notice appearing at least 14 days prior to the public hearing.
(2)
The content of the notice shall include, at a minimum, the name and address of the applicant; the location of the subject parcel(s); the location, day, date and time of the public hearing; the name, address and telephone number of the board, department, agency and/or agent conducting the public hearing; the relief or permission sought; and where and when the records of the filing may be viewed.
(3)
All property owners within a radius of 300 feet of the subject parcel, as certified by the Office of the Board of Assessors, shall be notified, at the applicant's expense, by certified mail, return receipt requested, of the public hearing in a manner and form consistent with the above, with such mailing to occur at least 14 days prior to the date of the hearing, and the applicant shall be required to submit proof of advertising and mailing prior to the commencement of the public hearing.
N.
Design Review Commission.
[Added 2-6-2013 by Bylaw Amendment 12-697]
(1)
Authority.
(a)
The Design Review Commission shall review and act upon applications for all actions that are subject to the provisions of § 185-20, Signs, and § 185-31, Site plan and design review; in addition, the Commission shall make recommendations to the Planning Board or Zoning Board of Appeals, as appropriate, concerning the conformance of a proposed development with design review standards contained herein.
(2)
Composition.
(a)
Makeup. The Franklin Design Review Commission shall be composed of five members and two associate members. Members and associate members shall be appointed by the Town Administrator and ratified by the Town Council.
(b)
Terms. Staggered terms shall be established for all members of the Design Review Commission and shall be three years in length. Associate members will serve for one-year terms.
(c)
Associate members. Associate members of the Design Review Commission shall participate in all matters before the Commission, in the same manner as members, except associate members may not vote unless authorized to do so by the Chair or Acting Chair. An associate member, if present shall be authorized to vote in the absence, inability to act or conflict of interest on the part of any member.
(3)
Design guidelines. A set of design guidelines specific to Franklin’s business and commercial areas shall be adopted by the Planning Board after study by an ad hoc committee established by the Town Council. The Design Review Commission Guidelines shall be consulted and applied by the applicant in the development of plans. The guidelines shall also serve as the basis for decisions for the Design Review Commission. Once adopted, the design guidelines may be amended by a majority vote of the Planning Board after a public hearing in accordance with Article VI, § 4-15, of the Code of the Town of Franklin.[1]
(4)
(Reserved)
(5)
Procedures.
(a)
Application review.
[1]
The Design Review Commission will hold a meeting on an application within 30 days of its receipt.
[2]
The applicant or a representative for the applicant shall appear at the meeting of the Design Review Commission at which the proposed project is reviewed, unless the Chairman of the Commission determines, in his sound discretion, that any benefit of the applicant’s attendance would be outweighed by the expense or inconvenience involved in which case, the Chairman shall inform the applicant that they do not need to attend the meeting.
[3]
The Design Review Commission shall notify the Planning Board. Fire Chief, Police Chief, Department of Public Works, Department of Planning and Community Development, Building Commissioner, Conservation Commission, and Board of Health of its meeting schedule as necessary and may, in making its determination, request information or analysis from any of the departments, boards or commissions listed above.
[4]
The Commission will review the proposal taking into consideration information or analysis from departments, boards or commissions listed above in Subsection N(5)(a)[3].
(6)
Decisions.
(a)
Based on compliance with the requirements and design guidelines, the project may be either recommended for approval, with or without conditions, or denial. When a project is recommended to be approved or denied, the applicant shall receive written notice of the recommendation within five days of the date of said meeting; in the case of the latter decision, reasons for denial shall be provided in detail and with specificity.
(b)
If the Commission fails to make its recommendation within the time frame established, the permitting authority shall consider that the Commission has no objection to the building and other design features.
(7)
Appeals.
(a)
Appeals of any Design Review Commission decisions relating to signs may be made to the Zoning Board of Appeals within 10 days of the decision.
(b)
Appeals other than signs. The Design Review Commission is advisory to the Planning Board and the Zoning Board of Appeals with reference to site plan review. Its recommendations are not binding on the permitting board.
§ 185-46 Growth management.
[Added 7-23-1997 by Bylaw Amendment 97-338]
1. | Intent and purpose. This section is adopted pursuant to the provisions of MGL c. 40A and the Home Rule Amendment, Article 89 of the Massachusetts Constitution. This section has been adopted based upon a report entitled "Franklin Impact Fee System," dated August 1995 and prepared by Applied Economic Research, Inc. and further supported by data reported in the 1997 Franklin Master Plan, that the cumulative effect of its accelerated residential growth sustained through the 1990's threatens the Town's current capacity to service and keep pace with increased demands upon municipal infrastructure and services necessary to accommodate growth, including fire protection, water, sewer, schools, transportation, recreation and/or police protection. This section therefore has the following purposes: [Amended 10-1-1997 by Bylaw Amendment 97-345] | |||
(1) | To ensure that growth occurs in an orderly and planned manner, consistent with recent average growth rates, while avoiding large year-to-year variations in the development rate. | |||
(2) | To provide the Town with time to study the effect of residential growth on the municipality's infrastructure, character and municipal services and to prepare a Comprehensive Plan for the implementation of said study. | |||
(3) | To relate the timing of residential development to the Town's ability to provide adequate public safety, schools, roads and municipal infrastructure and human services at the level of quality which citizens expect and within the Town's ability to pay under the financial limitations of Proposition 2 1/2, as outlined in the Town's February 10, 1977 Master Plan. | |||
(4) | To preserve and enhance the existing community character and value of property. | |||
(5) | To allow departures from the strict application of the growth rate measures herein in order to encourage certain types of residential growth which address the housing needs of specific population groups or which provide significant reductions in the ultimate residential density of the Town. | |||
2. | Applicability, effect and definitions. [Amended 10-1-1997 by Bylaw Amendment 97-345; 6-16-2004 by Bylaw Amendment No. 04-548] | |||
(1) | Beginning on October 2, 1997, no building permit for a new dwelling unit or units shall be issued unless in accordance with the regulations of this § 185-46, or unless specifically exempted in Subsection 6 below. | |||
(2) | The provisions of this § 185-46 shall expire on June 30, 2009; provided, however, that by vote of the Town Council before said date, the provisions of this § 185-46 may be extended for an additional five years in order to continue municipal comprehensive planning studies necessary to promote orderly growth. In the event that such action is taken by Town Council vote prior to June 30, 2009, these provisions shall not be construed to have lapsed on such date. | |||
(3) | For the purposes of this § 185-46, the following terms shall have the following meanings: | |||
(a) | "Growth rate limit" shall mean the maximum number of building permits that may be authorized in a one-year period, which shall be 100 permits. The growth rate limit is based upon the February 10, 1997 Master Plan's policies and implementation strategies to change the current high level of residential growth in the Town. Units exempt under Subsection 6 are included within the calculation of the growth rate limit. | |||
(b) | "Development" shall mean a single parcel or set of contiguous parcels of land held in common ownership at any time on or after the date of adoption of this § 185-46, for which one or more building permits will be sought. | |||
(c) | "Phasing schedule" shall mean the phasing schedule set forth in Subsection 4(4). | |||
(d) | "Development schedule" shall mean a schedule authorized by the Planning Board in accordance with Subsection 5. | |||
3. | Planned growth rate. | |||
(1) | The growth rate limit shall be based on a target growth rate of 100 dwelling units per year. In order to reflect the large number of potential building permits that are statutorily exempt from the provisions of this Subsection 185-46 at the time of its adoption (due to the prior approval of subdivision plans, plans subject to MGL c. 41, § 81P, special permits and building permits), the growth rate limit in effect at any point in time shall be adjusted by subtracting from the target rate 50% of the number of building permits issued for the construction of dwelling units on lots exempt from this § 185-46 pursuant to Subsection 6, during that calendar year. In no case; however, shall the growth rate limit be reduced below 50 permits in any twelve-month period. In addition, if more than 75 exempt units are built in any one year, 50% of the excess number of units above 100 shall be automatically subtracted from the following year's allocation. However, in no case shall that number be less than 50 units. [Amended 6-16-2004 by Bylaw Amendment No. 04-548] | |||
(2) | Whenever the number of building permits issued for new dwelling units exceeds the applicable growth rate limit, the Building Commissioner shall not issue building permits for any additional dwelling unit or units unless such unit or units are exempt from the provisions of this § 185-6 under Subsections 5 or 6 below. | |||
(3) | The Building Commissioner shall not issue more than 10 building permits to any one applicant in any twelve-month period. | |||
(4) | The Planning Board shall not approve any development schedule under Subsection 5 which, at that time, would result in authorizations exceeding the applicable growth rate limit. | |||
(5) | Building permits issued, but subsequently abandoned under the provisions of the State Building Code, shall not be counted in computing the applicable growth rate limit. | |||
4. | Phased development. | |||
(1) | This subsection shall apply to the following types of development which would result in the creation of new dwelling units: (a) definitive subdivision plans; (b) plans subject to MGL c. 41, § 81P; (c) special permit developments subject to §§ 185-38, except condominium developments, and 185-43 of this Zoning Bylaw; and (d) use variances. | |||
(2) | In addition to the types of development covered under Subsection 4(1), the Planning Board is authorized, upon request, to approve phased development for any other building lot or dwelling unit specifying the month and year in which such lot/unit shall be eligible for a building permit. | |||
(3) | Dwelling units shall be considered as part of a single development for purposes of phased development if located on either a single parcel or on a set of contiguous parcels of land which have been held in common ownership at any time on or after the date of adoption of this § 185-46. | |||
(4) | Where the applicable growth rate limit allows development consistent with the table set forth below, the Planning Board shall establish a development schedule pursuant to Subsection 5 which allows the maximum number of dwelling units per year. | |||
Number of New Units Development | Maximum Number of Dwelling in Units Authorized Per Year | |
|---|---|---|
1 to 5 | Total in Development | |
6 to 10 | 7 | |
11 to 20 | 8 | |
21 to 30 | 9 | |
31 or more | 10 or 10% |
(5) | Where the applicable growth rate limit does not allow development consistent with the table set forth above, the Planning Board shall establish a development schedule pursuant to Subsection 5 which allows fewer than the maximum number of dwelling units per year. However, the Planning Board shall not establish any development schedule which extends development for longer than a ten-year period. | ||
5. | Procedures for development schedules. | ||
(1) | In order to facilitate review, the developer may submit a written proposed development schedule to the Planning Board as part of any application for preliminary or definitive subdivision approval of any application for approval of a plan subject to MGL c. 41, § 81P. | ||
(2) | In cases where the developer has elected not to submit a development schedule in accordance with Subsection 5(1), above, the Building Inspector shall refer any application for a building permit on a lot within these types of development to the Planning Board for development scheduling. | ||
(3) | The developer shall submit a written proposed development schedule as part of any application for a special permit or use variance. In the case of a use variance or a special permit granted by the Board of Appeals, the Board of Appeals shall forthwith refer said document to the Planning Board. | ||
(4) | The Planning Board shall approve a development schedule which is consistent with the provisions of this § 185-46. | ||
(5) | Approved development schedules for the types of development described in Subsection 4(1) shall be incorporated, where appropriate, as part of the decision filed with the Town Clerk, whether inscribed on the plan and/or filed as a separate attached document. In the alternative, development schedules pertaining to plans subject to MGL c. 41, § 81P shall be separately recorded at the registry of deeds if the developer does not elect to use the procedures of Subsection 5(1), above. | ||
(6) | No approved development schedule shall take effect for the purposes of obtaining building permits until recorded at the registry of deeds separately or as part of the subdivision or zoning decision to which it is attached. | ||
(7) | After approval of a development schedule by the Planning Board in accordance with Subsection 5, an application for a building permit in conformance with the approved schedule shall be approved and the permit issued even if the applicable growth rate limit calculated pursuant to Subsection 3 has been reached. | ||
(8) | If applications for building permits are made at a slower rate than authorized in a development schedule, applications for the unused permits from one period may be made in a later period; and such applications shall be approved and the permits issued even if the applicable growth rate limit has been reached in the later period. | ||
(9) | Upon transfer of any lot or unit within a development subject to development scheduling, the deed shall reference the development schedule and state the earliest date on which construction may be commenced in accordance with the provisions of this § 185-46. | ||
6. | Exemptions. [Amended 6-16-2004 by bylaw Amendment No. 04-548] | ||
The following developments are specifically exempt from this § 185-46, but (1) the issuance of building permits for these developments shall count toward the growth rate limitation of 200 permits in a twenty-four-month period; and (2) the issuance of building permits for these developments shall not affect the minimum number of nonexempt permits to be issued of 150 permits in a twenty-four-month period, as set forth in Subsection 3. | |||
(1) | Dwelling units in the types of development set forth on Section 4(l), which are exempt by virtue of the provisions of MGL c. 40A, § 6. | ||
(2) | An application for a building permit for the enlargement, restoration, conversion to two-family dwelling or reconstruction of a single-family dwelling in existence as of the effective date of this § 185-46, provided that only one additional dwelling unit is created. | ||
(3) | Development projects which voluntarily agree to a minimum 40% permanent reduction in density below the density permitted under zoning and feasible given the environmental conditions of the tract, with the surplus land equal to at least five acres and permanently designated as open space and/or farmland. The land to be preserved shall be protected from development by an agricultural preservation restriction, conservation restriction, dedication to the Town or other similar mechanism that will ensure its protection. | ||
(4) | |||
(5) | Assisted living as defined in MGL c. 19D, § l and independent living facilities. | ||
(6) | Any tract of land existing and not held in common ownership with an adjacent tract on the effective date of this § 185-46 shall receive a one-time exemption for the purpose of constructing one single-family dwelling unit on the parcel. | ||
(7) | Senior village developments as approved under § 185-48. [Added 10-3-2001 by Bylaw Amendment 01-478] | ||
(8) | Multifamily or apartment developments approved within the CI and GRV Zoning District. [Added 10-3-2001 by Bylaw Amendment 01-478] | ||
7. | Relation to real estate assessment. Any landowner temporarily denied a building permit because of these provisions may apply to the Board of Assessors, in conformity with MGL c. 59, § 59, for a determination as to the extent to which the temporary restriction on development use of such land shall affect the assessed valuation placed on such land for purposes of real estate taxation and for abatement as determined to be appropriate. | ||
8. | |||
§ 185-47 Adult entertainment establishment districts.
[Added 11-1-2000 by Bylaw Amendment 00-442; amended 8-6-2008 by Bylaw Amendment 08-616; 6-5-2013 by Bylaw Amendment 13-707]
1.
Purpose and intent.
It has been documented in numerous other towns and cities throughout the Commonwealth of Massachusetts and elsewhere in the United States that adult entertainment establishments are distinguishable from other business uses and that the location of adult entertainment uses degrades the quality of life in the areas of a community where they are located. Studies have shown secondary impacts such as increased levels of crime, decreased tax base and blight resulting from the clustering and concentration of adult entertainment uses. Late-night noise and traffic also increase due to the late hours of operation of many of these establishments. This section is enacted pursuant to MGL c. 40A, § 9, and the Home Rule Amendment to the Massachusetts Constitution with the purpose and intent of regulating and limiting the location of adult entertainment establishments (as defined herein) so as to prevent the secondary effects associated with these establishments, and to protect the health, safety and general welfare of the present and future inhabitants of the Town of Franklin.
The provisions of this § 185-47 have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative matter or materials, including sexually oriented matter or materials. Similarly, it is not the intent or effect of this § 185-47 to restrict or deny access by adults to sexually oriented matter or materials protected by the Constitution of the United States or of the Commonwealth of Massachusetts, nor restrict nor deny rights that distributors or exhibitors of such matter or materials may have to sell, distribute or exhibit such matter or materials. Nor is it the intent or effect of this § 185-47 to legalize the distribution of obscene matter or materials.
3.
Establishment of Adult Use Overlay District and relationship to underlying districts.
a.
The Adult Use Overlay District consists of those parcels of land zoned industrial, located south or west of the sideline of Interstate 495. This district is delineated on the map entitled "Adult Use Overlay Districts" and created under § 185-4, Districts enumerated.
b.
The Adult Use Overlay Districts are established as districts which overlay the underlying districts, so that any parcel of land lying in an Adult Use Overlay District shall also lie in one or more of the other zoning districts in which it was previously classified, as provided for in this Zoning Bylaw.
4.
Permitted uses. All uses permissible and as regulated within the underlying district.
5.
Special permit uses.
The following uses shall require a special permit from the Planning Board:
6.
Special permit submittal requirements. In addition to the submittal requirements for site plan approval as detailed in § 185-31, and special permit submittal requirements as detailed in § 185-45, special permit applications for approval under this § 185-47 shall contain the following additional information:
7.
Special permit standards for adult uses. No special permit may be granted by the Planning Board for an adult bookstore, adult video store, adult paraphernalia store, adult motion-picture theater or adult live entertainment establishment (adult entertainment establishments) unless the following conditions are satisfied:
a.
Location conditions. No adult entertainment establishment may be located less than 200 feet from a residential zoning district, school, library, church, child-care facility, park, playground, any establishment licensed under the provisions of MGL c. 138, § 12, or another adult entertainment establishment. The 200 feet shall be measured from all property lines of the proposed use.
b.
Display conditions. No signs, graphics, pictures, publications, videotapes, movies, covers or other implements, items or advertising, that fall within the definition of adult bookstore, adult video store, adult paraphernalia store, adult motion-picture theater or adult live entertainment establishment merchandise, shall be displayed in the windows of, or on the building of, any adult entertainment establishment, or be visible to the public from the pedestrian sidewalks or walkways or from other areas, public or semipublic, outside such establishments.
c.
Screening. All building openings, entries and windows shall be screened in such a manner as to prevent visual access of the public to the interior of the adult entertainment establishment.
d.
Additional setbacks. The proposed use and all associated advertising signs shall not be located within 50 feet of a public or private way and must be set back a minimum of 50 linear feet from all property lines.
9.
Severability. If any section or portion of this section is ruled invalid, such ruling shall not affect the validity of the remainder of the section.
§ 185-48 Senior Village Overlay District.
[Added 5-2-2001 by Bylaw Amendment 01-461]
A.
Purpose. The purpose of the Senior Village Overlay District is to encourage development of master-planned residential communities for persons 55 years of age and older, by allowing for a greater variety of uses and building types at a higher density than would normally be allowed, and allowing greater flexibility in site planning so as to promote affordable housing and the preservation of open space and historic resources within the development. It is intended that a senior village development provide a range of housing types and facilities that are responsive to the socio-cultural, health care, and recreational needs of senior residents. The intent of a senior village is to achieve, to the greatest possible degree, land development that is responsive to an analysis of the environmental assets and constraints of a site, both natural and man-made. The senior village should be a well-integrated development in terms of land use, functional systems, and major design elements such as buildings, roads, utilities, wastewater treatment and disposal, drainage systems and open space. Design standards should be supportive of a New England character, with a cohesive center and a sense of neighborhood. A senior village is allowed greater design flexibility so that site planning for a development may protect natural features and take into consideration the surrounding land use and development context. This may allow for development to be more highly concentrated on one portion of a site than would otherwise be the case, with a resulting lower intensity of development and preservation of open space elsewhere on the site. Development should be concentrated in the most suitable and least environmentally sensitive areas of the landscape. Preservation of natural open space is strongly promoted, as is provision and enhancement of additional open space for recreational use and enjoyment of residents. It is intended that the benefits of senior village development will act to encourage property owners/developers to consolidate land parcels so that comprehensive and responsible site planning will occur.
B.
General requirements.
(1)
Location. The Senior Village Overlay District is an overlay zoning district that shall be superimposed on the Rural Residential I District, Rural Residential II District, Single-Family Residential III District, Single-Family Residential IV District, General Residential V District, Residential VI District, Commercial I District, and Commercial II District of the Town of Franklin.
(2)
Special permit. Senior villages will be authorized only by special permit granted by the Planning Board (hereinafter referred to as "the Board").
C.
D.
General standards and density determination.
(1)
General standards. A senior village shall comply with the following general standards:
(a)
All dwellings in a senior village shall be subject to an age restriction described in a deed/deed rider, or restrictive covenant, and shall be reviewed by the Town Attorney and approved by the Board recorded at the Registry of Deeds and/or the Land Court. The age restriction shall limit the dwelling units to occupancy by seniors, age 55 or older; or their spouses of any age; or other persons if medical need can be established to the satisfaction of the association approved by the Board; provide for reasonable time-limited guest visitation rights; and may authorize special exceptions that allow persons of all ages to live in a dwelling unit together with a senior resident, if the Board so approves and specifies this in its special permit. The special permit and the age restriction described above shall run with the land and shall be enforceable by any owner(s) of dwelling units in the senior village and/or the Board of the Town of Franklin.
(b)
A senior village shall contain a minimum of 10 housing units as defined in this section.
(c)
A senior village shall be constructed on a parcel or on contiguous parcels of land totaling at least five acres in size.
(d)
Upon approval by the Board, a senior village may include accessory retail uses. The total amount of gross building floor area used for accessory retail uses shall not exceed 5% of the total gross building floor area for the entire senior village, or 10,000 square feet, whichever is greater.
(e)
Upon approval by the Board, a senior village may include accessory restaurant uses. The total amount of gross building floor area used for accessory restaurant uses shall not exceed 5% of the total gross building area for the entire senior village, and shall contain a maximum of 100 seats.
(f)
Upon approval by the Board, a senior village also may include a senior village community center or community building(s) intended for use and benefit of the senior village residents, provided that such use(s) shall occupy not more than 10% of the gross building floor area constructed within the approved senior village, and only if the Board finds that adequate assurances and covenants exist, to ensure proper maintenance of such facilities by the residents, owners or their agents, and that the residents, owners or their agents will bear all expenses related thereto.
(g)
The maximum number of permitted housing units within all permitted senior village developments in the Town of Franklin shall be limited to a number equivalent to 2.5% of the existing single-family residential housing units (excluding senior village units) located in the Town of Franklin. For the purpose of this bylaw, the number of single-family residential housing units shall be as established by the Board of Assessors as of January 1 of the calendar year. The Board may waive this limitation if the Board finds that the proposed development fulfills a critical senior housing need for the Town of Franklin or the surrounding region.
[Amended 10-6-2004 by Bylaw Amendment 04-550; 9-5-2007 by Bylaw Amendment 07-610]
(2)
Density determination.
(a)
For the purposes of this bylaw, the base density of a senior village shall be 1.5 housing units per gross site acre, except where the senior village is proposed in General Residential V, and Commercial I Zoning Districts, the base density shall be three units per gross site acre. This base density may be increased by following the requirements of this section. All calculations of dwelling units resulting in a fractional unit of 1/2 or more shall be rounded up to the next whole number, all others being rounded down.
[Amended 10-6-2004 by Bylaw Amendment 04-550]
(i) | The maximum number of permitted housing units in a senior village shall be determined by multiplying the base density by a factor of five. | ||
(ii) | For the purposes of this bylaw, one housing unit shall be defined as equal to: | ||
a. | One home site in a senior village residential subdivision, or one senior village townhouse. | ||
b. | Two dwelling units or rooms in an assisted living or congregate living residence facility, or independent living residence facility; | ||
c. | Three dwelling units or rooms in a long-term care facility. | ||
(b)
An applicant or developer of a senior village is not entitled to the maximum number of housing units described above. The allowable increased density, up to the calculated maximum number of housing units for the given senior village site, is at the discretion of the Board based on evaluation of the proposed development plan's impacts and benefits, and the density guidelines outlined below.
(c)
Density incentives to further certain public objectives.
[Amended 10-6-2004 by Bylaw Amendment 04-550]
(i) | Basic senior village bonus. A senior village's base density is defined as 1.5 housing units per gross site acre except where noted above. To qualify as a senior village, a proposal shall, at a minimum: (a) set aside 15% of the total number of dwelling units provided on the site as affordable housing as defined in this section; (b) provide for a minimum of 30% of the lot area as permanent, protected open space conforming to the open space standards set forth in this section. The minimum of 30% open space requirement may be waived by the Board if the proposed senior village is within the Commercial I or General Residential V Zoning District and includes the rehabilitation or renovation of a certified, historic or architecturally significant structure for use as senior housing; and (c) to conform with the Design Review Commission guidelines as interpreted by the Design Review Commission and the Board and to conform with the standards of this section. This enhanced base density for senior villages may be further increased according to the provisions below pertaining to: additional affordable housing; additional open space dedication; and rehabilitation of existing buildings. | ||
(ii) | Additional affordable housing. In addition to the minimum requirement of 15% on-site affordable housing, a density increase is permitted where the proposal provides on-site or off-site housing opportunities for low- or moderate-income senior households. For the purposes of this section, affordable housing shall be defined as dwelling units that are rented or sold to, and occupied by, households earning up to 80% of the median area household income, as such median is defined by the United States Department of Housing and Urban Development (HUD). Affordable rental units shall be "rent restricted," as such term is defined in the Federal Low-Income Housing Tax Credit Program, Internal Revenue Code Section 42(g)(2), such that rents, including utilities, are set at no more than 30% of the income limit. Affordable units shall, by deed restriction, remain affordable in perpetuity. Affordable units shall be dispersed throughout the senior village and shall be externally indistinguishable from the market rate units. If the affordable units are part of a condominium, the condominium documents shall, at a minimum, ensure that the owners of the affordable units will not be required to pay for capital improvements they cannot afford and that they will have fair and sufficient voting rights. The property owner shall seek referrals for the affordable units from the Franklin Housing Authority and shall submit an annual report to the Franklin Housing Authority, detailing compliance with the affordable housing provisions of the senior village approval. The Franklin Housing Authority shall be responsible for monitoring the long-term affordability of the units and shall report any deviations from these provisions to the Building Inspector and the Board. When an off-site housing provision is proposed, the Board shall require evidence that these units will in fact be constructed within 12 months from the date of approval of the senior village proposal. The amount of density increase shall be calculated as follows: | ||
a. | For each affordable housing unit provided under this section, two additional housing units may be permitted up to the maximum permitted under this section. | ||
b. | For each affordable housing unit where, by deed restriction, Franklin residents have first right of refusal, 2.5 housing units may be permitted up to the maximum permitted under this section. The density bonuses above are not to be combined. Under no circumstances shall one affordable unit allow more than 2.5 additional units. | ||
(iii) | Additional open space. In addition to the minimum requirement of 30% preserved on-site open space, the applicant may dedicate additional land as open space. All open space shall be in conformance with the open space standards of this section. This open space may be on or off site. Documents demonstrating the preservation of the open space shall be submitted to the Board prior to the issuance of any occupancy permit. The amount of density increase shall be calculated as follows: | ||
a. | For each acre (with the total acreage rounded to the nearest whole number) of on-site preserved open space, three additional housing units may be permitted up to the maximum permitted under this section. | ||
b. | For each quarter-mile of trail that becomes and/or remains publicly accessible, one additional housing unit may be permitted up to the maximum permitted under this section. The Board shall request a letter of recommendation from the Public Land Use Committee regarding the quality of the proposed trail network. | ||
c. | Upon the determination of the Board and the written recommendation of the Public Land Use Committee or Conservation Commission, the Board may grant up to 10 additional housing units over and above the maximum permitted, for the preservation of critical open space. | ||
(iv) | Rehabilitation of existing buildings. A density increase is permitted where the applicant rehabilitates or renovates existing buildings on the senior village site. Where there are buildings and structures on the site that have been certified by the Historic Commission, or the Board's historic consultant as having historic and/or architectural significance, all said buildings and structures shall be rehabilitated or renovated in order to receive a density bonus under this section. The Board shall refer to the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings for guidance when reviewing the buildings and structures which have been, or are proposed to be, rehabilitated or renovated. The amount of density increase shall be calculated as follows: | ||
a. | For every 500 square feet of gross floor space in noncertified buildings and structures to be rehabilitated or renovated, one additional housing unit may be permitted up to the maximum permitted under this section. | ||
b. | For every 250 square feet of gross floor space in certified buildings and structures to be rehabilitated or renovated, one additional housing unit may be permitted up to the maximum permitted under this section. | ||
E.
Senior village application requirements.
(1)
Pre-application. The applicant is strongly encouraged to request a pre-application review at a regular business meeting of the Board. The purpose of a pre-application review is to minimize the applicant's costs of engineering and other technical experts, and to commence negotiations with the Board and/or its technical experts, and set a timetable for submittal of a formal application. Preliminary submission is very strongly encouraged by the Town of Franklin as a way of helping applicants and officials develop a better understanding of the site and to help establish an overall design approach that respects the site's noteworthy features, while providing for the density permitted under the Senior Village Zoning Ordinance. In order to facilitate review of the proposed senior village at the pre-application stage, applicants shall submit a conceptual plan. A conceptual plan shall be submitted regardless of the applicant requesting a pre-application meeting.
(a)
Conceptual plan. The submission requirements for a conceptual plan shall consist of the following three elements, and shall be prepared in accordance with the drafting standards and plan requirements described herein:
(i) | Site context plan. A plan showing the location of the proposed development within its neighborhood context shall be submitted. For sites less than 100 acres in area, such plans shall be at a scale not less than 1 inch equals 200 feet and shall show the relationship of the subject property to natural and man-made features existing within 1,000 feet of the site. For sites of 100 acres or more, the scale shall be 1 inch equals 400 feet, and shall show the above relationships within 2,000 feet of the site. The features that shall be shown on site context plans include topography (from United States Geological Survey plans), stream valleys, wetland complexes, woodlands, high points, knolls, and ridge lines, public roads and trails, utility easements and rights-of-way, public land, and land protected under conservation easements or other methods of protection. All information may be obtained from existing resources. | |||
(ii) | Existing resources and site analysis plan. | |||
For all developments under this bylaw an existing resources and site analysis plan shall be prepared to provide the developer and the Town of Franklin with a comprehensive analysis of existing conditions, both on the proposed development site and within 500 feet of the site. This plan may be presented to the Department of Community Planning and the Board as an informal preliminary step prior to the formal application process. All information for off-site characteristics may be obtained from existing resources. | ||||
The Town of Franklin shall review the plan to assess its accuracy, conformance with Town ordinances, and likely impact of the proposed development upon the natural and cultural resources on and abutting the property. Such plans shall generally be prepared at a scale that would best fit on a single standard size sheet (24 inches by 36 inches). The following information shall be included in this plan: | ||||
a. | A vertical aerial photograph enlarged to a scale not less detailed than 1 inch equals 400 feet, with site boundaries clearly marked; | |||
b. | Topography, the contour lines of which shall generally be at two-foot intervals, (although ten-foot intervals are permissible beyond the parcel boundaries, interpolated from USGS maps). Slopes between 15% and 25% and exceeding 25% shall be clearly indicated; | |||
c. | The location and delineation of rivers, lakes, ponds, streams, ditches, drains, vernal pools, and natural drainage swales, as well as the one-hundred-year floodplains and wetlands; | |||
d. | Vegetative cover conditions on the property according to general cover type including cultivated land, meadow, pasture, woodland, and wetland; trees with a diameter at breast height (DBH) in excess of 15 inches, the actual canopy line of existing trees and woodlands. Vegetative types shall be described by plant community, relative age, and condition; | |||
e. | Soil series, types, and phases, as prepared by the U.S. Department of Agriculture, Natural Resources Conservation Service, in the published soil survey for the County, and accompanying data published for each soil relating to its suitability for construction (and, in unsewered areas, for septic suitability); | |||
f. | Ridge lines and watershed boundaries; | |||
g. | A viewshed analysis showing the location and extent of views into the property from public roads and from public lands; | |||
h. | Geologic formations on the property, including rock outcroppings, cliffs, and sinkholes; | |||
i. | All existing man-made features including, but not limited to: roads, driveways, rail lines, trails, buildings, foundations, walls, wells, drainage fields, dumps, utilities, fire hydrants, and storm and sanitary sewers; | |||
j. | Locations of all historically significant sites or structures on the property, including but not limited to cellar holes, stone walls, earthworks, and graves; | |||
k. | All easements and other encumbrances of property which are or have been filed of record with the Registry of Deeds; | |||
(iii) | Four-step design process. All conceptual plans shall include documentation of the four-step design process outlined below, conducted by a professional landscape architect, in determining the layout of proposed open space, building sites, streets, and pedestrianways. | |||
Step 1: Identification of open space lands | ||||
1) | The minimum percentage and acreage of required open space shall be calculated by the applicant and submitted as part of the conceptual plan in accordance with the provisions of this bylaw. Primary open space lands (such as wetlands, riverfront areas, and floodplains) shall be identified and secondary open space lands (including unprotected elements of the natural landscape such as steep slopes, mature woodlands, prime farmland, meadows, wildlife habitats, and cultural features, such as historic and archeological sites and scenic views) shall be identified and delineated. | |||
2) | Potentially developable lands shall be identified and delineated. To the maximum extent possible, the potentially developable lands shall consist of land outside identified primary and secondary open space areas. | |||
Step 2: Location of building sites. Appropriate building sites shall be located within the potentially developable land area and shall include the identification of yards, and shared amenities, so as to reflect an integrated community. | ||||
Step 3: Location of streets and pedestrianways. Streets shall be aligned to access the buildings. New trails and pedestrian links shall be laid out to create internal and external connections to existing and/or potential future streets, sidewalks, and trails. | ||||
Step 4: Location of lot lines. If applicable, lot lines shall be drawn. | ||||
(b)
Site visit. Applicants are strongly encouraged to request a site visit by the Board and/or its agents in order to facilitate pre-application review of the senior village.
(2)
Application. The submission requirements for a special permit under this bylaw shall consist of the requirements of § 185-31(1), Site plan review, § 185-31(2), Design review, § 185-45(E), Special permits, as well as a conceptual plan described herein, a plan for management of open space, and shall also include a brief written description of the proposed project including: detailed density calculations; evidence of compliance with all requirements and standards contained within this section; description of any proposed construction or demolition; all proposed uses; who the project is intended to serve; expected number of employees, and/or occupants; hours of operation; and any other information that the applicant feels would describe the intent and purpose of the proposed project.
The senior village application shall be accompanied by a certification from the Historical Commission, or historic consultant approved by the Board, of all historically and/or architecturally significant buildings, landscape features and supporting structures located on site. |
F.
Senior village standards.
(1)
Senior village open space standards. The following standards shall apply to senior village open space land area:
(a)
The following shall not be counted as part of the required senior village open space: community buildings or other buildings housing common facilities, median strips, landscaped areas within parking lots, constructed stormwater management facilities including retention basins, lawn/landscaped areas on individual home site lots or private residential yards.
(b)
A minimum of 40% of the required senior village open space shall be suitable for use for passive and/or active recreational purposes.
(c)
The percentage of open space that is wetland resource areas as defined and regulated pursuant to the Massachusetts Wetlands Protection Act (MGL c. 131A) shall not normally exceed the percentage of the tract that is wetlands; provided, however, that the applicant may include a greater percentage of wetlands in such open space upon a determination that such inclusion promotes the purposes of this bylaw and upon the written recommendation of the Conservation Commission.
(d)
Unless otherwise approved by the Board in its special permit decision, open space shall be maintained in its pre-development, open state. Maintaining such land in its pre-development, open state shall mean that the land shall remain in its natural state without the removal or disturbance of trees, vegetation or earth. Neither temporary site access nor temporary structures shall be permitted on reserved open space, nor shall open space be used as staging areas during construction.
(e)
The required senior village open space shall be contiguous, unless the Board finds that it is not practical for all the open space to be contiguous due to the particular shape or topography of the senior village site or, for the same reasons, that it is advantageous to allow separated open space areas in order to best protect natural features of the site. Portions of the senior village open space may also consist of village greens, commons, or passive parks.
(f)
The senior village plan should take into account any Town of Franklin or other public agency plans for preservation or improvements to public open space adjacent to the senior village site, so as to provide potential for linkage and access to said adjacent public open space. As a condition of issuance of the special permit for a senior village, the Board may require the senior village applicant to provide paths, walkways, or other appropriate physical connections to adjacent open spaces or public lands.
(2)
Ownership of open space.
(a)
At the developer's option and subject to approval by the Board, all areas to be protected as open space shall be:
(i) | Conveyed to the Town to be placed under the care, custody and control of the Conservation Commission, and be accepted by it for a park or open space use. Land conveyed to the Town should be open for public use; and/or | |
(ii) | Conveyed to a nonprofit organization, the principal purpose of which is the conservation or preservation of open space, with a conservation restriction as specified in Subsection F(2)(b) below. Such organization shall be acceptable to the Board as a bona fide conservation organization; and/or | |
(iii) | Conveyed to a corporation or trust owned or to be owned by the owners of lots or residential units within the development (i.e. homeowners' association) and placed under conservation restriction as specified in Subsection F(2)(b). If such a corporation or trust is utilized, as indicated herein, ownership thereof shall pass with conveyance of the lots or residential units. The developer is responsible for the maintenance of the open space and other facilities to be held in common until such time as the homeowners' association is capable of assuming such responsibility. Thereafter, the members of the association shall share the cost of maintaining the open space. The Planning Board shall require the applicant to provide documentation that the homeowners' association is an automatic (mandatory) association that has been created prior to the issuance of any building permit. |
(b)
Permanent restriction. In any case where open space is not conveyed to the Town, a permanent conservation or agricultural preservation restriction in accordance with MGL c. 184, § 31, approved by the Board and Town Council and enforceable by the Town, conforming to the standards of the Massachusetts Executive Office of Environmental Affairs, Division of Conservation Services, shall be recorded to ensure that such land shall be kept in an open or natural state and not be built for residential use or developed for accessory uses such as parking or roadways except as permitted by this bylaw and approved by the Board. Restrictions shall provide for periodic inspection of the open space by the Town. Such restriction shall be submitted to the Board prior to approval of the special permit and recorded at the Registry of Deeds/Land Court. A management plan may be required by the Board which describes how existing woods, fields, meadows or other natural areas shall be maintained in accordance with good conservation practices. Unless otherwise permitted by the Board, all open space shall be open for public use.
(c)
Encumbrances. All areas to be set aside as open space shall be conveyed free of any mortgage interest, security interest, liens or other encumbrances.
(d)
Maintenance of open space.
(i) | In any case where open space is not conveyed to the Town, the Town shall be granted an easement over such land sufficient to ensure its perpetual maintenance as conservation or recreation land. Such easement shall provide that in the event the trust or other owner fails to maintain the open space in reasonable condition, the Town may, after notice to the lot owners and public hearing, enter upon such land to maintain it in order to prevent or abate a nuisance. The cost of such maintenance by the Town shall be assessed against the properties within the development and/or to the owner of the open space. The Town may file a lien against the lot or lots to ensure payment of such maintenance expenses. | ||
(ii) | The applicant shall, at the time of application, provide a plan for management of open space in accordance with the following requirements: | ||
a. | The plan shall define ownership. | ||
b. | The plan shall establish necessary, regular, and periodic operation and maintenance responsibilities for the various types of open space (i.e., forest, meadow, playing field, crop land, etc.). | ||
c. | The plan shall establish staffing needs, insurance requirements, and associated costs, and define the means for funding the management of the senior village open space in perpetuity. | ||
d. | The owner/applicant shall be required to establish a management fund to ensure the long-term management of the open space. The nature and amount of said fund shall be fair and reasonable and be approved by the Board. | ||
e. | A draft plan shall be submitted to the Conservation Commission for comment and approval and the final plan shall be submitted to the Board at the time of application. | ||
f. | Any changes in the management plan shall be approved by the Conservation Commission and the Board. | ||
(e)
Monumentation. Where the boundaries of the open space are not readily observable in the field, the Board may require placement of surveyed bounds sufficient to identify the location of the open space.
(3)
Senior village site development standards. The following site development standards shall apply to all senior village developments:
(a)
Dimensional standards.
(i) | The lot or combination of more than one contiguous lot upon which a senior village is located shall meet the minimum lot dimensions found in the Schedule of Lot, Area, Frontage, Yard, and Height Requirements[1] for the underlying Zoning District. The Board may waive these requirements if the Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with this bylaw. | |
(ii) | Each building in the senior village shall have a minimum front yard of no less than 20 feet from the edge of the paved way to the closest point of the structure, and a side yard of not less than 10 feet from the edge of the paved way to the closest point of the structure. The Board may waive these requirements if the Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with this bylaw. | |
(iii) | Each building in the senior village shall be set back a minimum of 50 feet from the senior village's perimeter lot line(s). This minimum setback shall be increased by five feet for each foot the proposed building is over 30 feet in height. The maximum height of any structure in a senior village shall be no greater than 35 feet. The setback area shall be maintained as natural open space or as a densely planted landscaped buffer. The Board may waive these requirements if the Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with this bylaw. | |
(iv) | There shall be no minimum standards for internal lot line setbacks within the senior village, unless required by the Board in its issuance of a special permit based on specific findings that there is need for greater physical separation of specific buildings or uses. | |
(v) | In a senior village residential subdivision, each home site lot shall be a minimum of 6,000 square feet in area. Construction within a senior village residential subdivision shall comply with the Town of Franklin Subdivision Rules and Regulations.[2] Where the requirements of this section differ from or conflict with the requirements in the Town of Franklin Subdivision Rules and Regulations, in the opinion of the Board, the requirements of this section shall prevail. |
[1]
Editor's Note: The Schedule of Lot, Area, Frontage, Yard and Height Requirements is included at the end of this chapter.
(b)
Design and construction standards.
(i) | The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas. The orientation of individual building sites shall be such as to maintain maximum natural topography and cover. Topography, tree cover, and natural drainageways shall be treated as fixed determinants of road and building configuration rather than as malleable elements that can be changed to follow a preferred development scheme. | |
(ii) | Streets, parking areas, and building sites shall be designed and located in such a manner as to maintain and preserve natural topography, significant landmarks and natural systems, and trees; to minimize cut and fill; and to preserve and enhance views and vistas on or off the subject parcel(s). | |
(iii) | The removal or disturbance of historic, traditional or significant uses, structures, or architectural elements shall be minimized insofar as practical, whether these exist on the site or on adjacent properties. | |
(iv) | The Board shall encourage the use of soft (nonstructural) natural stormwater management techniques (such as vegetated swales, constructed wetlands) and other drainage techniques that reduce impervious surface and enable infiltration where appropriate. Low-impact development practices as described in the National Low Impact Development Guidebook shall be utilized to the greatest extent possible. |
(c)
Parking standards.
(i) | Within the senior village, a maximum of two off-street parking spaces shall be permitted for each dwelling unit. The parking space(s) shall be provided on the same lot as the dwelling(s) or on a contiguous lot (within the senior village), provided that there are easements ensuring rights of access, use, and maintenance. The Board may, as a condition of granting a special permit for the senior village, require additional off-street parking areas be provided for use in common by dwelling unit owners, employees of the facility, and guests. Minimum parking requirements found in § 185-21B shall not apply to senior village proposals. No parking facility within a senior village shall contain more than 50 parking spaces. All off-street parking shall be sited to the side or rear of buildings and shall minimize visibility from public and private streets. | |
(ii) | Parking areas shall be oriented for pedestrian traffic through the use of raised crosswalks, usable landscaped islands, benches, and abundant shade trees among other design attributes. Parking facilities shall be adequately buffered and shaded using native vegetation. Parking lots containing three or more spaces shall be planted with at least two trees per three spaces, each tree being surrounded by no less than 20 square feet of permeable, unpaved, landscaped area and each tree providing shade to the parking area. Only trees providing shade to the parking area shall be counted as meeting this requirement. Shade trees shall be at least 2.5 inches in diameter at breast height when planted. Species shall be selected from the list of approved street trees as published by the Town of Franklin Tree Warden. | |
(iii) | A minimum of one on-or-off-street parking space shall be required for each 400 square feet of gross building area occupied by a permitted accessory retail or restaurant use. The Board may reduce this requirement if the nature and design of a particular senior village indicates that parking demand will be lower due to enhanced pedestrian access or a reduced reliance on motor vehicle travel within the senior village. The required parking space(s) shall be provided on the same lot as the permitted use or on a contiguous lot (within the senior village), provided that there are easements ensuring rights of access, use, and maintenance. The Board may, as a condition of granting a special permit for the senior village, require additional off-street parking areas to be provided for accessory uses within the senior village. |
(d)
Landscaping, shade trees and infrastructure.
(i) | All roadways and driveways serving more than one dwelling shall be a maximum paved width of 22 feet. Sidewalks or appropriate alternatives (on-street bike- or walkways) shall be provided. | |
(ii) | All roadways, driveways, and parking areas within the senior village shall be maintained by the applicant, developer of the senior village, its assigns, or owners or their agents in perpetuity. Deed restrictions and/or covenants to this effect shall be presented to the Board prior to the issuance of any building permits for the senior village. | |
(iii) | Landscape design shall give preference to the maintenance of existing healthy trees and ground cover. Landscape design shall give preference to indigenous species and shall enhance the wildlife habitat value of the site. The development of large lawn areas shall be minimized. | |
(iv) | Street trees shall be planted on each side of public and private ways. Street trees shall be at least 2.5 inches in diameter at breast height when planted, and shall be spaced at intervals no greater than 20 feet along both sides of the street(s). Species shall be selected from the list of approved street trees as published by the Town of Franklin Tree Warden. | |
(v) | All utilities shall be underground. | |
(vi) | No mobile homes or trailers shall be allowed to be used as dwelling units in the senior village. | |
(vii) | Solid waste storage, air conditioners, loading areas and the like shall be shielded from view by walls, dense vegetation, or fences. | |
(viii) | All solid waste removal, snow plowing, and other maintenance within the senior village shall be the responsibility of the residents, owners or their agents in perpetuity, and they shall bear all expenses related hereto. Deed restrictions and/or covenants to this effect shall be presented to the Board prior to the issuance of any building permits for the senior village. |
G.
Review criteria and compliance.
(1)
Planning Board findings for senior village special permit. In addition to applying the general special permit criteria as set forth in § 185-45E(3), the Board shall review the senior village special permit application in accordance with the following criterion:
(a)
That the senior village is designed in a comprehensive, landscape sensitive manner, according to the process outlined in the conceptual plan.
(b)
That the senior village is consistent with all senior village open space standards, senior village development standards, affordable unit restrictions, and all applicable standards and requirements set forth in this bylaw.
(c)
That the proposed senior village will, by its design and layout, succeed in (a) preserving open space for conservation and/or recreation purposes, and providing appropriate public access to the open space; (b) protecting natural and cultural features of the site which are important to the character and health of the Town; and (c) creating a true village setting with a pedestrian orientation and character consistent with the historic development patterns of the Town of Franklin.
(2)
Compliance.
(a)
Permit conditions.
(i) | Depending on the nature of the particular senior village and its uses, the Board may, as a condition of any special permit for a senior village, require that the land area on which the senior village is located be permanently maintained as one undivided lot and that, from and after the date of the issuance of the building permit for said senior village or any portion thereof, no subdivision of said lot shall be allowed without the express approval of the Board. However, the recording of a condominium master deed and the conveyance of condominium units within the area covered by said deed shall be allowed. | |
(ii) | No special permit shall be issued without appropriate restrictions to ensure that the provisions of this section are made binding upon the applicant and his successors and heirs. | |
(iii) | No special permit shall be issued without the Franklin Housing Authority being authorized as the agency responsible for monitoring the affordable housing component of the proposal. |
(b)
Occupancy conditions.
(i) | No certificate of occupancy, temporary or permanent, shall be issued for any unit in a senior village until all deed restrictions, covenants, easements, transactions, and/or other documents necessary to ensure compliance by the applicant with the requirements of this section have been submitted and executed. |
§ 185-49 Marijuana Use Overlay District.
[Added 6-5-2013 by Bylaw Amendment 13-712; amended 2-15-2017 by Bylaw Amendment 17-783]
1.
Purpose and Intent.
a.
This section is adopted with the purpose and intent of establishing zoning to allow the use of medical marijuana treatment centers, medical marijuana testing facilities, and non-medical marijuana facilities in the Town of Franklin.
2.
Applicability. This § 185-49 applies to the following:
a.
All medical marijuana uses as defined in the Session Laws of the Commonwealth of Massachusetts Chapter 369 of the Acts of 2012 and medical marijuana testing facilities as regulated within this section and defined in § 185-3.
i.
No action taken under the enforcement powers of this chapter shall be in contradiction to the provisions of Chapter 369 of the Acts of 2012 as adopted or amended.
b.
All non-medical marijuana establishments.
3.
Establishment of the Marijuana Use Overlay District and relationship to underlying districts.
a.
The Marijuana Use Overlay District is established as a district which overlays the underlying districts, so that any parcel of land underlying in the Marijuana Use Overlay District shall also lie in one or more of the other zoning districts in which it was previously classified, as provided for in this Zoning Bylaw.
4.
5.
Location.
a.
The Marijuana Use Overlay District consists of those parcels of land zoned industrial that are located south or west of the sideline of Interstate 495; and which are not within 500 feet of a public or private school, and not within 200 feet of a residential zoning district, library, church, child-care facility, park, and playground. The 500 feet and 200 feet distances shall be measured from all property lines of the proposed use; state forest land shall not be considered when determining the proximity of a parcel to a residential zoning district.
§ 185-50 Residential VII Zoning District.
[Added 10-16-2013 by Bylaw Amendment 13-722]
1.
Purpose. To allow for planned residential developments.
2.
Special permit, for multiple, single-family.
A.
General requirements.
(1)
Special permits. Multiple, single-family dwelling units may be authorized by special permit from the Planning Board in the Residential VII Zoning District, but only in accordance with the requirements as set out in § 185-45, Administration and enforcement, and if in accordance with the following requirements of this section, and as long as all other applicable requirements of Chapter 185 are met.
B.
Other requirements.
(1)
Mitigation. Design and construction shall reduce, to the extent reasonably possible, the following:
(a)
The volume of cut and fill.
(b)
The number of trees removed.
(c)
The extent of waterways altered or relocated.
(d)
The visual prominence of man-made elements not necessary for safety or orientation.
(e)
The removal of existing stone walls.
(f)
The visibility of building sites from existing streets.
(g)
The alteration of groundwater or surface water elevations.
(h)
The disturbances of important wildlife habitats, outstanding botanical features and scenic or historic environs.
(i)
The soil loss or instability during and after construction.
C.
Building design and placement.
(1)
Minimum lot size. Multiple, single-family developments shall be constructed on a parcel of land totaling at least five acres of upland.
(2)
Density. The maximum number of dwelling units permitted shall not exceed four units per acre of upland.
(3)
There shall be at least 20 feet between buildings, or space between buildings may be reduced by 50% if all adjacent buildings are fire-sprinkled. In all other respects, the requirements of the Schedule of Lot, Area, Frontage, Yard and Height Requirements must be met.
(4)
If no public water supply is available, dwelling units must be fire-sprinkled.
D.
Roadways.
(1)
Roadways construction. All the work and the materials used shall conform to the requirements of the MassDOT's "Standard Specifications for Highways and Bridges," including the most recent Supplemental Specifications.
(a)
All roadways shall be designed so that, in the opinion of the Planning Board, they will provide safe vehicular and pedestrian travel.
(b)
Width requirements.
i
Roadways and alleys shall be 24 feet in width, of which a minimum of 20 feet shall be paved; the balance shall consist of a continuous shoulder with no obstructions, constructed, in the opinion of the Fire Chief, to be capable of supporting and providing supplemental access for heavy emergency vehicles.
(2)
Dead-end streets.
(a)
Dead-end streets shall be no longer than 600 feet measured from the sideline of the closest, connecting street.
(b)
Dead-end streets shall be provided, if a closed end, with a turnaround having a pavement radius of 45 feet.
(c)
Approval. Approval of dead-end streets may be contingent upon provision of easements and necessary facilities to allow continuity of utility and drainage systems. Water mains shall normally be looped.
(3)
Other roadway requirements.
(a)
Streets. Streets indicated on the plan that are not fully constructed to provide through traffic shall provide for paved temporary turnarounds suitable for snowplowing purposes, to be approved by the Planning Board, before any houses on such streets shall be occupied.
E.
Other improvements.
(1)
Sidewalks. Location. Sidewalks are required on one side of the road to adequately service pedestrian traffic.
(2)
Sidewalks shall be at least five feet wide and shall extend to the paved roadway at intersections to provide convenient walk-off crossings. Sidewalks shall be ramped for handicapped to access the gutter with no curb. Handicap ramps shall be shown on the plan and shall be constructed in accordance with the latest Rules and Regulations of the Architectural Access Board.
F.
Utilities.
(1)
Wiring. Electrical, telephone and television community cable conduits shall be placed underground. Size and materials of these conduits and lateral spacing between conduits shall meet the requirements of the respective utility company. The utilities shall not be located under either paved areas of roadways or the sidewalks.
(a)
Ownership and maintenance of utilities shall remain private.
(2)
Water and sewer. Water and sewer services shall be constructed in compliance with Department of Public Works Standards.
(a)
The water and sewer system shall remain private; however, DPW personnel shall have access as necessary to maintain the public systems.
(b)
The Town of Franklin, its agents and servants shall have the right but not the obligation at all times to enter an approved development for the purposes of inspecting, maintaining and/or making emergency repairs including, but not limited to, private water, private sewer and/or private drainage systems. In such event, the private property owners shall be liable, jointly and severally, for the payment of all expenses incurred by the Town in connection therewith, and unpaid expenses shall constitute a lien on their property.
G.
Homeowners' association.
(1)
A homeowners' association shall be established to provide maintenance of all roadways, related infrastructure and utilities.
(2)
Legal documents creating such homeowners' association shall be submitted to the Town for review and shall be determined to be acceptable prior to plans being endorsed by the Planning Board.
§ 185-51 Inclusionary zoning.
[Added 5-3-2023 by Bylaw Amendment 23-890]
A.
Purpose and intent. The purpose of this bylaw is to encourage the development of new multifamily housing that is affordable for rent or purchase to both low- and moderate-income households. It is intended that the affordable housing units required by this bylaw consist of at least 10% inclusionary units as defined below in Subsection B.
B. ELIGIBLE HOUSEHOLD INCLUSIONARY UNITS
Definitions.
An individual or household whose annual income is less than 80% of the areawide median income as determined by HUD, adjusted for household size, with income computed using HUD's rules for attribution of income to assets.
Housing units which the Planning Board finds are affordable for rent or purchase by eligible individuals or households making less than 80% of the areawide median household income as calculated by the United States Department of Housing and Urban Development (HUD) with adjustments for family size, provided there are deed restrictions. Such units will be Local Initiative Program, Local Action Units, in compliance with the requirements for the same as specified by the Commonwealth's Department of Housing and Community Development (DHCD).
C.
Applicability. In all zoning districts, the inclusionary zoning provisions of this section shall apply to the following uses:
(1)
Any project that results in a net increase of 10 or more multifamily dwelling units, whether by new construction or by the alteration, expansion, reconstruction, or change of existing residential or nonresidential space.
(2)
Any life care facility or any elderly persons and/or handicapped persons housing development with 10 or more dwelling units.
D.
Permit process. The development of any multifamily housing project set forth in Subsection C above shall be permitted either by right, or through a special permit process. Please refer to 185 Attachment 7, Use Regulation Schedule Part VI, Residential uses.
E.
Special permit process. The development of any project that requires a special permit set forth in Subsection C above requires the grant of a special permit from the Planning Board as the designated special permit granting authority (SPGA).
F.
Provision of inclusionary units. As a condition of approval for a permit for multifamily housing, the applicant shall contribute to the local stock of affordable units in accordance with the following requirements:
(1)
Ten percent of units shall be offered as inclusionary units.
(2)
Units in a multiple-unit development subject to this bylaw shall be established as inclusionary units in any one or combination of methods provided for below:
(a)
Constructed or rehabilitated on the locus subject to a multifamily housing permit (see Subsection G);
(b)
Constructed or rehabilitated on a locus different than the one subject to the multifamily housing permit (see Subsection H);
(c)
An applicant may offer, and the Town may accept, donations of land in fee simple, on- or off-site, that the Town determines are suitable for the construction of affordable housing units. The value of donated land shall be equal to or greater than the value of the construction of the inclusionary units. The Town may require, prior to accepting land as satisfaction of the requirements of this bylaw, that the applicant submit appraisals of the land in question, as well as other data relevant to the determination of equivalent value.
(5)
All inclusionary units shall be subject to an affordable housing restriction and a regulatory agreement in a form acceptable to the Town's Attorney and the Municipal Affordable Housing Trust. The regulatory agreement shall be consistent with any applicable guidelines issued by the Department of Housing and Community Development and shall ensure that affordable units can be counted toward the Town of Franklin's Subsidized Housing Inventory. The regulatory agreement shall also address all applicable restrictions listed in Subsections G and H below. The multifamily housing permit shall not take effect until the restriction, the regulatory agreement, and the special permit, if applicable, are recorded at the Registry of Deeds and a copy provided to the Planning Board, the Inspector of Buildings, and the Municipal Affordable Housing Trust.
G.
Provisions applicable to inclusionary units on-site.
(1)
Siting of inclusionary units. All inclusionary units constructed or rehabilitated under this bylaw shall be situated within the development so as not to be in less desirable locations than market-rate units in the development, and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units.
(2)
Minimum design and construction standards for Inclusionary Units. Inclusionary housing units shall be integrated with the rest of the development and shall be compatible in design, appearance, construction, and quality of materials with other units. Interior features and mechanical systems of affordable units shall conform to the same specifications as apply to market-rate units.
(3)
Timing of construction or provision of Inclusionary Units. Where feasible, inclusionary units shall be provided coincident to the development of market-rate units, but in no event shall the development of inclusionary units be delayed beyond the schedule noted below:
Market-rate Units (% Complete) | Inclusionary Units (% Required) |
|---|---|
<30% | - |
30% Plus 1 Unit | 10% |
Up to 50% | 30% |
Up to 75% | 50% |
75% Plus 1 Unit | 70% |
Up to 90% | 100% |
Fractions of units shall not be counted | |
(4)
Marketing plan for inclusionary units. Applicants under this bylaw shall submit a marketing plan or other method approved by the Town, through its local Comprehensive Plan, to the Planning Board for its approval, which describes how the inclusionary units will be marketed to potential home buyers or tenants. This plan shall include a description of the lottery or other process to be used for selecting buyers or tenants.
H.
Provision of inclusionary housing units off-site.
(1)
As an alternative to the requirements of Subsection G above, an applicant subject to the bylaw may develop, construct or otherwise provide inclusionary units equivalent to those required by Subsection F off-site. All requirements of this bylaw that apply to on-site provision of inclusionary units, shall apply to provision of off-site inclusionary units. In addition, the location of the off-site units to be provided shall be approved by the Planning Board as an integral element of the multifamily housing permit review and approval process.
I.
Maximum incomes and selling prices: initial sale.
(1)
To ensure that only eligible households purchase inclusionary units, the purchaser of an inclusionary unit shall be required to submit copies of the last three years' federal and state income tax returns and certify, in writing and prior to transfer of title, to the developer of the housing units or his/her agent, and within 30 days following transfer of title, to the Municipal Affordable Housing Trust, that his/her or their family's annual income level does not exceed the maximum level as established according to the data available from the HUD and DHCD, and as may be revised from time to time.
(2)
The maximum housing cost for inclusionary units created under this bylaw is as established by the Commonwealth's Department of Housing and Community Development Local Initiative Program, or as revised by the Town.
J.
Preservation of inclusionary units; restrictions on resale.
(1)
Each inclusionary unit created in accordance with this bylaw shall have limitations governing its resale through the use of a regulatory agreement set forth in Subsection F(5). The purpose of these limitations is to preserve the long-term affordability of the inclusionary units and to ensure its continued availability for low-income households. The resale controls shall be established through a restriction on the property and shall be in force in perpetuity.
(a)
Resale price. Sales beyond the initial sale to a qualified affordable income purchaser shall be determined by maximum resale price as defined by DHCD or the Town. The resale price multiplier shall be recorded as part of the restriction on the property noted in Subsection J(1) above.
(b)
Right of first refusal to purchase. The purchaser of an inclusionary unit developed as a result of this bylaw shall agree to execute a deed rider prepared by the Town, consistent with model riders prepared by DHCD, granting, among other things, the municipality's right of first refusal to purchase the property in the event that a subsequent qualified purchaser cannot be located.
(c)
As a condition for a multifamily housing permit under this bylaw, the applicant will comply with the mandatory set-asides and accompanying restrictions on affordability, including the execution of the deed rider noted in Subsection J(1)(b) above. The Building Commissioner/Zoning Enforcement Officer shall not issue an occupancy permit for any inclusionary unit until the deed restriction is recorded.
K.
Conflict with other bylaws. The provisions of this bylaw shall be considered supplemental of existing zoning bylaws. To the extent that a conflict exists between this bylaw and others, the more restrictive bylaw, or provisions therein, shall apply.
L.
Severability. If any provision of this bylaw is held invalid by a court of competent jurisdiction, the remainder of the bylaw shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this bylaw shall not affect the validity of the remainder of the Town of Franklin's Zoning Bylaw.