Hopkinton City Zoning Code
ARTICLE XVIII
Supplementary Regulations
§ 210-117 Minimum lot frontage and area.
[Amended 5-4-2009 ATM by Art. 25; 5-2-2011 ATM by Art. 43]
A.
A lot in common ownership which conforms with the minimum lot area and minimum lot frontage required in this Chapter shall not be reduced so as to become nonconforming.
B.
Lot area and width requirements shall not apply to a lot which at the time of the adoption or amendment of this Chapter cannot be made to conform to the requirements for the district in which it is located, provided that said lot has been duly recorded by plan or deed or assessed as a separate parcel before the adoption or amendment of this Chapter.
§ 210-117.1 Lots in two or more residence.
[Amended 5-6-2015 ATM by Art. 33]
A.
If a lot is located in two or more residence districts, all of the lot shall be considered as lying entirely within the district having the largest area and frontage requirements.
§ 210-117.2 Lots with historic structures.
[Added 5-2-2011 ATM by Art. 44; amended 5-6-2015 ATM by Art. 39]
A.
A lot may be created which does not meet the size and setback requirements of this Chapter upon the issuance of a special permit by the Planning Board, if the following criteria are met:
(1)
The lot to be created will contain an Historic Structure;
(2)
The Historic Structure which will be located on the lot is either:
(a)
Presently situated on a lot for which an application has been submitted to the Town for approval of any single or multi-family residential development, an approval-not-required plan pursuant to MGL c. 41 § 81P, or a construction project subject to Article XX, Site Plan Review, and the Historic Structure will remain in its present location; or
(b)
Planned to be moved from a lot or within a lot for which an application has been submitted to the Town for approval of any single or multi-family residential development, an approval-not-required plan pursuant to MGL c. 41 § 81P, or a construction project subject to Article XX, Site Plan Review.
(3)
The Planning Board finds that the proposed lot is in harmony with the general purpose and intent of this Chapter.
B.
The special permit shall be subject to such conditions and safeguards as the Planning Board may prescribe, including the recording of an historic preservation restriction.
C.
Administration. Within seven days of receipt of the special permit application, the Planning Board shall transmit a copy of the application to the Historical Commission for comment and recommendations.
§ 210-118 Setbacks.
[Amended 5-1-1995 ATM by Art. 35]
A.
No building need provide a greater setback or front yard than the average provided by the nearest principal buildings on the adjoining side lots. In determining such an average, a vacant lot shall be considered as though it had a building meeting the minimum setback requirements from the street line.
B.
All structures must meet the minimum setback requirements from the street line as required in this Chapter for each street abutting the lot.
§ 210-119 Yards.
Required side yard and rear yard areas may be varied in the case of an irregular, narrow or shallow lot, or a lot unusual in shape or topography, upon the granting of a special permit by the Board of Appeals.
§ 210-119.1 Driveways.
[Added 5-2-2000 ATM by Art. 30]
A.
A driveway within a wetland resource area shall be a minimum of 12 feet in width for the traveled way. The definition of "wetland resource area" shall be that contained in the Wetlands Protection Act and/or the Hopkinton Wetlands Protection Bylaw.
§ 210-119.2 Highway buffer.
[Added 5-2-2000 ATM by Art. 31; amended 5-7-2007 ATM by Art. 26]
On all lots which abut Interstate Routes 495 and/or 90, in every zoning district with the exception of the Rural Business and Industrial A and Industrial B Districts, there shall be a buffer adjacent to Interstate Routes 495 and 90 a minimum of 50 feet wide, measured from the edge of the highway right-of-way/property line. Buffer areas shall remain wooded, and no clearing of trees or other vegetation or the alteration of other landscape features shall be permitted. No buildings, sewage disposal systems, paved areas, athletic fields, active recreation areas or any other use which requires the clearing of trees or other vegetation or the alteration of other landscape features, with the exception of wireless communication facilities, will be permitted within the buffer area.
§ 210-120 Common driveways.
[Added 5-4-2009 ATM by Art. 26; amended 5-6-2015 ATM by Art. 39]
A.
Purpose. The purpose of this Section is to promote public safety, provide for adequate sight distance, avoid site disturbance, minimize the alteration of topographical characteristics and natural resource areas, which include wetlands and historic resources, minimize stormwater runoff and retain a rural residential character. It is not the intent to make undevelopable land developable.
B.
Applicability. With the exception of common driveways within Open Space and Landscape Preservation Development subdivisions (Article XVII), construction of common driveways shall require a special permit from the Planning Board. The term common driveway shall mean a single private way providing vehicular access to 2 single family dwellings (the “benefitted parcels”). Common driveways must be privately owned and maintained, shall not be considered streets or public ways, and shall not constitute a part of the designated or legal frontage for any lot.
C.
Design requirements. All common driveways must comply with the following design requirements:
(1)
A common driveway must extend from the benefitted parcels to a public or private street right of way. A common driveway, as well as the individual driveways beyond the common portion of the driveway, must be located entirely within the benefitted parcels. A common driveway must intersect the street right of way within the legal frontage of one of the benefitted parcels.
(2)
The benefitted parcels must have permanent access to the common driveway by easements recorded in the South Middlesex Registry of Deeds.
(3)
The deeds to the benefitted parcels shall require that the owners thereof must establish a maintenance association, the purpose of which is to provide for the maintenance and repair of the common driveway, or otherwise adequately provide for the maintenance and repair of the common driveway. The term “maintenance” shall include, but not be limited to, snow plowing, maintaining design specifications, and repair and maintenance of surfaces and stormwater management facilities. All property contiguous to the common driveway must be a part of the benefitted parcels which must be included within the maintenance association. The easement containing the common driveway shall be a minimum of 20 feet in width.
(4)
Minimum construction standards.
(a)
The radius of the common driveway intersection with the street right of way must be sufficient to enable emergency vehicles to exit and enter the common driveway without leaving the surface of the common driveway. Common driveways shall accommodate the Single-Unit Truck (SU-30) vehicle turning radius at all curve radii, in accordance with the January, 2006 MassHighway Project Development and Design Guide.
(b)
A minimum depth of 8 inches of gravel must be installed the full width of the entire common driveway traveled way.
(c)
The maximum grade of the common driveway shall be no greater than 5% within 40 feet of the street right of way. The maximum grade of a common driveway for its full length beyond the initial 40 feet is 15%.
(5)
House numbers of sufficient visibility shall be provided at the entry point onto the street right of way and at each individual driveway along the common driveway, so that emergency vehicles can locate each dwelling.
(6)
Adequate sight line distance must be provided for vehicles exiting the common driveway.
(7)
The minimum width of the traveled way of a common driveway must be no less than 12 feet.
(8)
Passing turnouts shall be provided which provide a total width of at least 18 feet for a distance of 25 feet, where needed for safe site lines of passage.
(9)
Provisions to permit the turn around of a SU-30 vehicle shall be provided at the terminus of all common driveways longer than 500 feet.
D.
Administration.
(1)
A special permit is required from the Planning Board to construct a common driveway. A record owner desiring to construct a common driveway shall file with the Planning Board an application, together with such plans, drawings, specifications, fees and additional information as required by the Planning Board.
(2)
The Planning Board shall conduct its review, hold a public hearing and file its decision with the Town Clerk as required by the provisions of this Chapter.
(3)
An Applicant must provide documentation and plans which are sufficient, in the opinion of the Planning Board, for it to determine that the requirements, provisions and Approval Criteria of this Section are met. Such documentation shall include, but shall not be limited to, information on impacts to the environment, public safety, scenic roads and scenic views, and lot development.
(4)
Approval criteria. Before the Planning Board may issue the special permit, it shall determine each of the following:
(a)
The common driveway will provide safe and reasonable access for fire, police and emergency vehicles.
(b)
The common driveway meets the purpose and requirements of this Section.
(c)
The common driveway will minimize the environmental impacts.
(d)
The common driveway will not serve more than two single family dwellings.
(5)
The Planning Board may approve the special permit with conditions, which may include, but shall not be limited to: a) a performance bond, secured by deposit of money or negotiable securities, is posted with the Town to guarantee proper construction; and b) construction standards for the common driveway.
§ 210-121 Maximum heights.
[Amended 5-4-1993 ATM by Art. 19; 5-5-1997 ATM by Art. 26; 5-5-2003 ATM by Art. 27]
In the RA, RB, RLF and A Districts, no structure used for residential purposes shall be erected to a height greater than 40 feet. Structures used for nonresidential purposes in said Districts shall not be erected to a height greater than 35 feet. Chimneys, spikes, towers and other projections not used for human occupancy may be constructed above the foregoing height limitations upon the grant of a special permit by the Board of Appeals; provided, however, that no wireless communications facility shall be erected except in compliance with Article XVI, Wireless Communications Facilities.
§ 210-121.1 Buffers around nonresidential uses in residential districts.
[Added 5-3-1999 ATM by Art. 22]
A.
A lot which contains a nonresidential use in a Residence A, Residence B, Residence Lake Front or Agricultural District shall contain a buffer area at the perimeter of the lot. The buffer area shall consist of trees, shrubs, vegetation and topographic features sufficient to separate and/or visually screen the use from abutting properties in a residential district and shall be located on the same lot as the nonresidential use. For the purposes of this section, the following shall not be considered nonresidential uses:
(1)
Lawful and permitted accessory uses to a residential use.
(2)
Home occupation.
(3)
Home professional office.
(4)
Home personal service.
(5)
Home business workshop.
(6)
Home specialty retail.
(7)
Agriculture, horticulture, floriculture and viticulture.
(8)
Utilities.
(9)
Permanently restricted open space for passive recreation.
(10)
Undeveloped open land.
B.
The buffer shall be no less than 25 feet wide in a Residence A District; 50 feet wide in a Residence B and Residence Lake Front District; and 75 feet wide in an Agricultural District. The buffer requirement shall not apply with regard to the area adjacent to the street providing the legal frontage for the lot. The buffer requirement shall not apply to nonresidential uses which are located on a lot which abuts a residential district but, rather, shall apply only to nonresidential uses which are upon premises located within a residential district.
C.
Buffer areas shall remain in their natural state. If, in the opinion of the Planning Board, the current natural state is insufficient to adequately separate and/or screen the site from abutting properties, additional trees, shrubs, plantings or fencing may be required.
D.
Activities and structures not permitted within the buffer areas include, but are not limited to: light poles and/or fixtures; parking lots; driveways; buildings; athletic playing fields; playgrounds. Pedestrian and bicycle trails may be located within buffer areas.
E.
Upon a finding by the Planning Board that a buffer of lesser width would be sufficient to screen and/or separate the use from adjacent property, the width of the buffer may be reduced. The buffer width requirement may also be reduced in the event that the lot was previously developed and used for a permitted use within the district and permanent structures were erected within the buffer area. In those circumstances, it is the intent of the Board not to waive the buffer requirement, but, rather, to provide alternative screening arrangements, such as fencing and planting where possible.
§ 210-122 Earth removal.
Earth removal shall be permitted only in accordance with Chapter 96, Earth Removal, of the Bylaws of the Town of Hopkinton, regardless of zoning district.
§ 210-123 Trailers.
[Amended 3-7-1963 ATM by Art. 35]
A.
No trailer park or trailer camp shall be allowed within the borders of the town.
B.
A trailer shall not be used for dwelling purposes on any land, regardless of zoning, except as hereinafter provided: not more than one trailer may be used for dwelling purposes upon a lot of land at any one time and then only for a period not to exceed 14 days and for such further time as the Director of Municipal Inspections shall allow, not to exceed 30 days.
§ 210-124 Off-street parking.
[Amended 4-14-1975 ATM by Art. 30; 4-13-1978 ATM by Art. 39; 10-10-1984 ATM by Art. 20; 4-9-1985 ATM by Art. 36; 6-11-1990 ATM by Art. 28; 5-5-1997 ATM by Art. 25; 5-3-1999 ATM by Art. 19; 5-4-2004 ATM by Art. 29; 5-5-2008 ATM by Art. 27 and Art. 29; 5-3-2010 ATM by Art. 39; 5-7-2012 ATM by Art. 52; 5-6-2015 ATM by Art. 39; 5-2-2016 ATM by Art. 39]
A.
Parking lots shall be designed and located to provide screening from abutting properties, buildings and streets, visual relief and sun and wind interruption within the parking area and to assure safe patterns of internal circulation. Landscaping requirements shall, wherever possible, be met by the retention of existing plants and natural landforms.
B.
Parking requirements.
(1)
The following off-street parking requirements shall apply to the uses listed below:
Type of Use | Number of Spaces |
|---|---|
Animal Shelter | 3 spaces per 1,000 square feet of gross floor area |
Bed & breakfast | 1 space for each unit available for occupancy |
Child care facility | 1 space for every 10 children of rated capacity of the facility plus 1 space for each staff person on the largest shift |
Conference center | 2 spaces for every 3 seats |
Continuing Care Retirement Facility/Assisted Living/Nursing Home Facilities | 1 space for every 3 beds, plus 1 space for each employee on the largest shift |
Dog Day Care Facility | 1 space per 3 dogs |
General office, medical and dental office | 3 spaces per 1,000 square feet of gross floor area |
Laboratory, research and development, and industrial uses | 1 space per 800 square feet of gross floor area |
Health services facility | 3 spaces per 1,000 square feet of gross floor area |
Hotel, motel, inn | 1.2 spaces for each unit available for occupancy |
Museums | 2 spaces per 1,000 square feet of gross floor area of public floor area, not including corridors and other service areas |
Nursing home | 1 space for every 3 beds plus 1 space for each employee on the largest shift |
Places of assembly | 1 space for every 2 seats plus 1 space for each employee on the largest shift |
Recreational uses | 1 space for every 5 occupants as permitted by State Building Code |
Residential component of mixed use buildings | 1 space for every bedroom |
Restaurant with customer seats | 1 space for every 3 seats plus 1 space for every 2 employees on the largest shift. The term “seats” shall include all customer seats, indoor and outdoor, seasonal and year-round, on the premises. |
Restaurant without customer seats | 3 spaces, or 1 space for every 300 square feet of gross floor area plus 1 space for every 2 employees on the largest shift, whichever is greater. The term “seats” shall include all customer seats, indoor and outdoor, seasonal and year-round, on the premises. |
Retail uses | 4 spaces per 1,000 square feet of gross floor area |
Warehouse uses | 1 space per 2,000 square feet of gross floor area |
(a)
Where a use is not specifically referred to in this paragraph, the requirements for the most nearly comparable use specified above shall apply. In the case of mixed uses on a single lot, the parking requirement shall be the sum of the requirements calculated separately for each area of use, unless a special permit has been issued by the Planning Board pursuant to Section C.
(b)
In the Downtown Business district, the number of parking spaces required shall equal 50% of the amount required in subsection (1) for each non-residential use. The spaces shall be provided using one or more of the methods listed below:
● | On the same lot as the use; |
● | Marked spaces on the street directly adjacent to the use, between the side lot lines of the lot containing the use, and on the same side of the street as the use; |
● | As provided for in a shared or off-site parking special permit issued by the Planning Board pursuant to Section C. |
(2)
Each parking space shall consist of a rectangle of following minimum dimensions:
Small car/compact spaces | 8 feet by 16 feet |
Parallel/curbside parking spaces | 8 feet by 22 feet |
All other spaces | 9 feet by 18 feet |
In parking lots containing up to 50 parking spaces, 20% of such parking spaces may be for small car use. In parking lots of 50 spaces or more, up to 40% of such parking spaces may be for small car use. Said small-car spaces shall be grouped in one or more contiguous areas and shall be identified by signs. | |
(3)
Maneuvering aisles within parking lots and access driveways from the street to parking lots shall not be less than 24 feet in width. If the maneuvering aisle or access driveway will be one-way, a narrower dimension may be proposed, subject to approval of the Planning Board.
(4)
As part of the site plan approval process, the Planning Board may allow fewer parking spaces than are required by this Chapter for a use to be constructed, provided that the spaces to be unconstructed shall be delineated on the site plan and indicated as future parking spaces. All or part of said spaces shall be constructed if so required by the Board at a future date or may be constructed by the property owner/tenant at any time without prior Board approval.
C.
Shared and off-site parking.
(1)
The parking required by the uses located on a lot shall be provided on that lot, unless a special permit has been issued by the Planning Board. The Planning Board may issue a special permit to:
(a)
Reduce the required number of parking spaces when there will be mixed uses on a lot by activities having clearly different peak demand times;
(b)
Locate some required parking spaces on a separate lot under an agreement between property owners; and
(c)
Locate some required parking spaces in a separate shared parking lot under an agreement between property owners, when the parking lot is shared by mixed uses having clearly different peak demand times.
(2)
Before granting the Special Permit, the Planning Board shall determine that all parking spaces associated with a use are within practical walking distance. The Planning Board may issue the special permit with conditions, which may include, but not be limited to, the following:
(a)
A requirement that shared and off-site parking arrangements between property owners be formalized in an instrument that runs with the land and is recorded at the Registry of Deeds;
(b)
That adequate space is set aside on the lot to construct additional parking spaces in the future should the mix of uses and peak demand times change and require additional parking.
D.
Parking space reduction. A special permit may be issued to reduce the number of parking spaces required for any use. The Planning Board shall be authorized to issue such special permits for uses that are allowed by right or by special permit from the Planning Board; the Board of Appeals shall be authorized to issue such special permits for uses that are allowed by special permit from the Board of Appeals. Before granting the Special Permit, the SPGA shall determine that the provision of parking spaces proposed will be adequate for all parking needs. The special permit may be issued with appropriate conditions, which may include, but not be limited to, provisions for additional parking should uses change over time.
E.
Landscaping and screening requirements.
(1)
Parking lots shall contain a planting area a minimum of five feet wide around the entire perimeter of the lot. Exceptions may be made in cases where the perimeter of the lot does not abut adjacent property, subject to the approval of the Planning Board.
(2)
Parking lots shall contain around the perimeter and in the interior at least one tree per eight parking spaces.
(3)
Trees shall be planted around the entire perimeter of the parking lot where appropriate, such as adjacent to abutting property and streets.
(4)
Trees to be planted shall be a minimum of 2 1/2 inches in caliper six feet above grade, be of a species common in the area, tolerant of future site conditions and reach an ultimate height of at least 30 feet.
(5)
At least 10% of the interior of any parking lot having 25 or more spaces shall be maintained with landscaping, including trees, in planting areas of at least four feet in width.
(6)
The portion of any parking lot which abuts a residential district or use shall be screened from such residential district or use by plant materials characterized by dense growth, or a combination of such plant materials, natural landforms and trees, which will form an effective year-round screen. Screening shall be at least five feet in height. Plant materials when planted may be less than five feet in height but not less than three feet in height if of a species or variety which shall attain the required height and width within three years of planting.
(7)
The portion of any parking lot which abuts a public way shall be adequately buffered from such public way by plant materials characterized by dense growth or a combination of such plant materials, trees, natural landforms and other landscape features, such as stone walls. Plant materials may be required to be at least five feet in height. Plant materials when planted may be less than five feet in height but not less than three feet in height if of a species or variety which shall attain the required height and width within three years of planting.
§ 210-124.1 Electric vehicle parking.
A.
Purpose. The sale of electric vehicles continues to grow in Massachusetts and opportunities for charging of these electric vehicles needs to be widespread to accommodate this mode shift. The purpose of this bylaw is to support this mode shift to electric vehicles and encourage ongoing efforts to reduce the impact of fossil fuels on the environment and work towards carbon neutrality by introducing opportunities for EV charging on parking areas with 5 spots or more. It is not the intent of this bylaw to open a private parking area for public use.
B.
Administration. The Planning Board shall prepare and, after a public hearing, adopt and file regulations with the Town Clerk, which may be amended from time to time, and shall include technical requirements of the EV-Ready and EVSE-installed infrastructure, procedures, and provisions necessary to implement this Article.
C.
Definitions.
CONNECTOR
A connector is a device that, by insertion into an EV inlet, establishes an electrical connection to the EV for the purpose of information exchange and charging.
ELECTRIC VEHICLE (EV)
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets and that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries, producing zero tailpipe emissions or pollution when stationary or operating.
ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE)
Equipment for the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle.
EV INLET
The EV inlet is located on the EV and consists of an electrical connection port that, when combined with the connector, can provide conductive charging and information exchange.
EV-READY
EV-Ready shall mean providing conduit, infrastructure, and a viable pathway for adequate electric connection sufficient to support a charging level set forth by the Planning Board in its regulations.
EVSE-INSTALLED –
"EVSE-Installed" shall, at a minimum, mean an installed EVSE within a minimum charging level as set forth by the Planning Board in its regulations.
PLUG-IN HYBRID ELECTRIC VEHICLE (PHEV)
A hybrid electric vehicle whose battery can be recharged by plugging it into an external source of electric power, as well as by its on-board engine and generator.
D.
Applicability. Construction projects subject to Major Project Site Plan Review pursuant to Article XX, specifically § 210-134.C (Major Project) for construction or enlargement of a parking area containing 25 or more parking spaces and development projects requiring Minor Project Site Plan Review pursuant to Article XX, specifically § 210-134.B (Minor Project) for construction or enlargement of a parking area containing five or more parking spaces shall conform to the minimum requirements for EVSE-Installed and/or EV-Ready parking spaces as set forth in this Article; provided, however, that such construction projects for which there is no net increase in the number of parking spaces are not required to conform to the provisions of this Article.
The Planning Board may waive or reduce the requirements for EVSE-Installed or EV-Ready parking spaces only upon a finding that the provision of the required EVSE-Installed or EV-Ready parking spaces would be significantly detrimental to the project, or the layout or orientation of the parking area does not allow for efficient provision of EV-Installed or EV-Ready parking spaces and such layout or orientation cannot be reasonably modified to accommodate the EVSE-Installed or EV-Ready parking spaces.
E.
EVSE-Installed and EV-Ready requirements.
(1)
Where EVSE-Installed or EV-Ready parking spaces are required by the Article, the Planning Board shall set forth a minimum acceptable standard for charging level in its regulations.
(2)
The number of EVSE-Installed and/or EV-Ready parking spaces shall be provided as follows:
(a)
Parking areas with fewer than 5 spaces shall not be required to provide any EVSE-Installed or EV-Ready parking spaces.
(b)
Parking areas with 5 - 10 spaces shall provide 1 EVSE-Installed parking space or 2 EV-Ready parking spaces.
(c)
Parking areas with 11 or more parking spaces shall provide 10% of the total spaces as EVSE-Installed parking spaces or 20% of the total spaces as EV-Ready parking spaces.
In any case where the calculation of EVSE-Installed or EV-Ready parking spaces results in a fraction of a space, the number of spaces shall be rounded up to the next whole number. For example, a result of 1.7 spaces shall be rounded up to 2 spaces, a result of 3.2 spaces shall be rounded up to 4 spaces, and so on.
(3)
The EVSE-Installed and EV-Ready parking spaces shall be located within the parking area, and shall be counted toward the parking requirements for the use, in accordance with the requirements of the Zoning Bylaw for off-street parking spaces.
F.
Other requirements.
(1)
All EVSE placed and proposed shall be compliant with applicable state and federal law benefitting persons with disabilities, including the Americans with Disabilities Act of 1990 (ADA). All installed EVSE must comply with all requirements specified by the Massachusetts Architectural Access Board.
(2)
EVSE may be installed in standard parking spaces or accessible parking spaces. The installation of an EVSE shall not reduce the size of the parking space to below minimum local zoning requirements for off-street parking spaces.
(3)
An EVSE shall have all relevant parts located within accessible reach, and in a barrier-free access aisle for the user to move freely between the EVSE and the electric vehicle.
(4)
Where EVSE is provided or proposed within an adjacent pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, the charging equipment must be located so as not to interfere with accessibility requirements; it should not interfere with the minimum pedestrian clearance widths as required by applicable state and federal law benefitting persons with disabilities, including the ADA. Cords, cables, and connector equipment should not extend across the path of travel within the sidewalk or walkway.
§ 210-125 Conversions of residential property.
[Amended 4-9-1991 ATM by Art. 25; 5-7-2007 ATM by Art. 26; 5-4-2009 ATM by Art. 25]
The conversion of any house for rental purposes to accommodate not more than four dwelling units may be undertaken in any zoning district except an Industrial A (IA) or Industrial B (IB) District upon grant of a special permit by the Board of Appeals, provided that the exterior is not materially altered and provided that each dwelling unit so created contains a floor area of at least 600 square feet. Two parking spaces shall be provided on the site for each dwelling unit.
§ 210-126 Accessory dwelling unit.
[Added 5-4-1993 ATM by Art. 20; amended 5-2-2000 ATM by Art. 28; 5-5-2003 ATM by Art. 26; 5-4-2009 ATM by Art. 25; 5-8-2021 ATM by Art. 32; 5-5-2025 ATM by Art. 29]
A.
The intent and the purpose of this section is to permit accessory dwelling units (ADUs) in single-family residential districts subject to the standards and procedures hereinafter set forth. It is also the intent to assure that the single-family character of the neighborhood will be maintained and that the accessory unit remains subordinate to the principal living quarters.
B.
Definition. Accessory dwelling unit shall mean a "self-contained housing unit, inclusive of sleeping, cooking, and sanitary facilities on the same lot as the principal dwelling."
C.
Applicability. ADUs shall be allowed as a by-right use in all single-family residential zoning districts, in conformance with the restrictions as contained within this Section and this Chapter, where applicable. The ADU may be attached to the principal dwelling unit or contained within a separate structure on the same lot as the principal dwelling unit.
D.
Setbacks and dimensional standards. ADUs shall conform to all size and setback requirements of the single-family residence zoning district in which the ADU is to be located.
E.
Disposal of sewage. Adequate provision shall be made for the disposal of sewage, waste and drainage generated by the occupancy of such ADU in accordance with the requirements of the Board of Health. Such determination shall be made prior to the application for a special permit, and such evidence shall be included with said application.
F.
Ingress, egress, access. Adequate provision, as determined by the Director of Municipal Inspections, shall be provided for separate ingress and egress to the outside of each unit. To the extent possible, exterior passageways and accessways shall not detract from the single-family appearance of the dwelling. All stairways to additional stories shall be enclosed within the exterior walls of the structure.
G.
Area limitation. Such ADU shall be limited to a maximum size of 50% of the gross floor area of the principal dwelling unit or 900 square feet, whichever is smaller.
H.
Parking. Not more than one off-street parking space shall be required for use of the person or persons residing in the ADU. No off-street parking space shall be required for ADUs located within 0.5 miles of a commuter rail station.
I.
Special permit. A special permit shall be required for the use of land or structures in a single-family residential zoning district for more than one ADU on a lot.
(1)
A special permit shall not be required for the use of land or structures for one ADU on the lot.
(2)
No building permit shall be issued in accordance with the special permit issued under this section, if applicable, until the special permit has been recorded in the Registry of Deeds by the applicant and evidence of such recording has been submitted to the Director of Municipal Inspections. No building permit shall be issued in accordance with the special permit issued under this section, if applicable, until the special permit has been recorded in the Registry of Deeds by the applicant and evidence of such recording has been submitted to the Director of Municipal Inspections.
(3)
Floor plans of the ADU and principal dwelling unit and a certified site plan showing the dwelling units on the lot and their relationship to other structures and premises within 200 feet of the lot shall be filed with the application for a special permit.
(4)
Where a special permit is required, the Board of Appeals must determine that such conversion, new construction and occupancy of each unit shall meet the requirements of § 210-223 of this Chapter.
J.
Occupancy permit; control. No occupancy of the additional dwelling unit shall take place without an occupancy permit issued by the Director of Municipal Inspections. Where an ADU is allowed by special permit, the initial occupancy permit shall remain in force for a period of two years from the date of issue, provided that ownership of the premises is not changed. Thereafter, permits may be issued by the Director of Municipal Inspections for succeeding two-year periods, provided that the structure and use continue to comply with the relevant provisions of the State Building Code, this Chapter and the special permit. Occupancy permits shall not be transferable upon change in ownership or change in occupancy. In such an event, an affidavit shall be presented to the Director of Municipal Inspections attesting to the fact that the circumstances under which an occupancy permit was granted will in the future continue to exist. The owner of record is responsible for initiating each application to the Director of Municipal Inspections. Appropriate fees, as established and recorded, may be assessed for each such renewal review, investigation and processing. All documentation presented hereunder must be in form and content satisfactory to the Director of Municipal Inspections.
§ 210-126.1 Residential subdivisions of 10 acres or more.
[Added 5-2-2000 ATM by Art. 33; amended 5-7-2007 by Art. 30]
A.
Purpose. The purpose of this section is to preserve the natural and cultural resources of the Town by insuring that development of land for residential use does not consume all or a significant portion of the town's woodlands, fields, farmlands, historic structures and landscapes, cart paths, stone walls, geologic formations, watercourses, wetlands, riparian zones, groundwater recharge areas, hilltops, scenic vistas, areas of critical environmental concern, vernal pools and other significant open spaces, and that such development is undertaken with respect for the land and the town's natural resources. It is the intent of the Town to encourage that residential development be undertaken in accordance with the provisions of the open space and landscape preservation development section of this Chapter when residential development is to occur.
B.
Applicability. Any parcel or parcels of land which, individually, or, if in common ownership with a contiguous parcel or parcels on the effective date of this section, together contain 10 acres or more, shall be subject to the provisions of this section. The development for residential purposes by the subdivision of land as defined in MGL c. 41, § 81L, of any parcel or parcels of land owned individually or under common ownership which comprises 10 acres or more and the development of which occurs within any five-year period shall be considered a residential subdivision of 10 acres or more. For purposes of calculating the size of the parcel or parcels, the area comprising new lots and road rights-of-way shall be included.
C.
Regulations.
(1)
No residential subdivision of 10 acres or more shall be permitted except after application and approval pursuant to Article XVII, Open Space and Landscape Preservation Development (OSLPD) of this Chapter.
(2)
After application for approval of a residential subdivision of 10 acres or more pursuant to the OSLPD, the Planning Board shall determine whether the proposal complies with the requirements and criteria of that article. If the Board issues a special permit for an OSLPD concept plan, any subsequent subdivision of the affected parcel shall be conducted in accordance with Article XVII, OSLPD. If the Board does not find that the plan meets the requirements and criteria of Article XVII, OSLPD, the applicant may in that event determine whether to pursue development under the OSLPD by revising the plan to meet the requirements and criteria of the OSLPD or by proposing a conventional subdivision.
(3)
In making the determination as to whether development must proceed pursuant to Article XVII, OSLPD, or pursuant to the procedures governing conventional subdivisions, the Planning Board shall evaluate both plans and proposals and select the development method which most closely incorporates the purpose, criteria and requirements of Article XVII, OSLPD, and satisfies, to the greatest extent possible, the purpose of this section.
§ 210-126.2 Duplexes.
[Added 5-6-2002 ATM by Art. 34; amended 5-4-2009 ATM by Art. 25]
A.
The intent and purpose of this section is to permit duplexes in the Residence A, Residence B, and Agricultural Zoning Districts subject to the standards and procedures hereinafter set forth, in order that a range of housing options affordable to all citizens be available in the Town. It is also the intent to assure that the single-family character of the neighborhood will be maintained and that the duplex is designed to enhance and not detract from the appearance and amenities in the surrounding neighborhood.
B.
Restrictions.
(1)
A special permit may be granted by the Board of Appeals for the construction of a new duplex.
(2)
The Board of Appeals shall not grant a special permit if, at the time of application, the number of two-family dwelling units, including, without limitation, duplexes, two-family houses, and buildings containing accessory family dwelling units in Hopkinton is equal to or more than 5% of the total number of dwelling units in Hopkinton.
(3)
There shall be no more than one duplex per lot.
(4)
At least one of the duplex units on a lot shall be set aside as permanently affordable and will count toward the 10% statutory goal (c. 40B, § 20) for affordable housing.
C.
Use limitations. There shall be no other living units on the lot upon which a duplex is to be located.
D.
Disposal of sewage. Adequate provision shall be made for the disposal of sewage and waste generated by the duplex in accordance with the requirements of the Board of Health and/or the Department of Public Works. Such determination shall be made prior to the application for a special permit, and evidence of same shall be included with such application.
E.
Storm water management. Adequate provision shall be made for the proper management of storm water runoff from the lot. Evidence of same shall be included with the above application.
F.
Dimensional requirements. Each lot on which a duplex is proposed shall comply with the following dimensional requirements:
Residence A District: All requirements set forth in § 210-8, Residence B (RB) District.
Residence B District: All requirements set forth in § 210-8, Residence B (RB) District.
Agricultural District: All requirements set forth in § 210-14, Agricultural (A) District.
G.
Ingress, egress, access. Adequate provision, as determined by the Director of Municipal Inspections, shall be provided for separate ingress from and egress to the outside of each unit.
H.
Documentation. The Board of Appeals must determine that the construction and occupancy of each duplex unit shall meet the requirements of § 210-152 of this chapter.
I.
Area limitation. No duplex unit shall exceed a maximum of 1,800 square feet in floor area. Such area shall not include attached or detached garages, attics, or basements. After construction of an approved duplex: in the event that any proposed addition or alteration to any building on the lot will result in any change to the exterior of the building which will be visible from other lots or roadways, and a building permit for such addition or alteration is required, the following procedures must be complied with:
(1)
If the proposed addition or alteration will result in no increase in floor area, the applicant must submit a plan to the Design Review Board for review and recommendation prior to the issuance of a building permit;
(2)
If the proposed addition or alteration will result in an increase in floor area, the applicant must submit an application to the Board of Appeals to modify the special permit.
J.
Plans. Floor plans, elevation drawings of each side of any proposed building, and a certified site plan showing the proposed buildings on the lot and their relationship to other structures and premises within 200 feet of the lot shall be filed with the application for a special permit.
K.
Parking. Provisions for off-street parking of residents and guests of both units shall be provided in such a manner as is consistent with the character of the neighborhood, as determined by the Board of Appeals. The Board of Appeals shall seek the advice of the Director of Municipal Inspections and the Design Review Board in such review. In no case shall the number of parking spaces on the lot be less than two per unit, including spaces inside garages. Unless the Board of Appeals specifically waives the following requirement, the duplex shall be served with two separate driveways, one for each unit.
L.
Design review. The Board of Appeals shall forward a copy of the submission materials to the Design Review Board for review and recommendation. The Design Review Board shall review the exterior design of the proposed buildings, parking, driveways, and landscaping and screening, to determine whether the proposed lot development will be compatible with and not detract from the surrounding neighborhood. Such review shall include consideration of the design guidelines adopted pursuant to § 210-145 of this chapter.
M.
Special permit. No building permit shall be issued in accordance with the special permit issued under this section until the special permit has been recorded in the Registry of Deeds by the applicant and evidence of such recording has been submitted to the Director of Municipal Inspections.
N.
Separate conveyance. The ownership of each duplex unit may be conveyed or otherwise transferred separately from the other unit. The lot on which the duplex is located shall be held in common ownership. Documents describing the proposed form of ownership and maintenance agreements shall be submitted to the Board of Appeals for its review and approval with the application.
O.
Definition. A duplex is a building which is situated on a single lot and contains two dwelling units which share a common wall or ceiling/floor but are entirely and permanently separated from each other by an unpierced wall extending from the ground to the roof or an unpierced ceiling/floor extending to all exterior walls, except that the building may have a common stairwell exterior to both dwelling units.
P.
Special provisions for low-or moderate-income units.
(1)
In order to facilitate the creation of affordable housing units in Hopkinton which will count toward the 10% statutory goal (MGL c. 40B, § 20), all applicants for a special permit for one or both duplex units to be occupied by a low-or moderate-income family shall be furnished with copies of the regulations and guidelines of the Massachusetts Department of Housing and Community Development for approval of such unit as an affordable housing unit for purposes of the statutory goal. Such regulations and guidelines shall include those of the Local Initiative Program and any other program designed to promote the creation of certifiable affordable housing units. Prior to issuance of a special permit for a low-or moderate-income unit which is to be occupied and maintained in accordance with any such program, the Select Board shall make application to the Department of Housing and Community Development for certification of the unit as an affordable housing unit includable in the Town's inventory of low-and moderate-income housing for the purposes of MGL c. 40B. In the event such application is not approved the special permit shall not be issued. The affordable units shall contain deed restrictions which require that the unit remain affordable in perpetuity. The Board of Appeals may impose permit conditions to ensure that the unit remains affordable, including conditions relating to long-term monitoring and rights of first refusal.
(2)
No building permit shall be issued until certification has been received by the Town of Hopkinton that at least one of the units shall constitute an affordable unit pursuant to MGL c. 40B.
(3)
In the event that such certification is not received, the units shall not be constructed.
§ 210-126.3 Animal shelters.
[Added 5-2-2016 ATM by Art. 40]
A.
An Animal Shelter may be permitted in any zoning district upon the grant of a special permit from the Board of Appeals, subject to the requirements set forth in this section.
B.
Animal Shelters shall conform to the following provisions:
(1)
An Animal Shelter shall be located on a lot containing a minimum of three (3) acres;
(2)
All animals shall be kept indoors after 7:00 PM;
(3)
Adequate measures shall be implemented to ensure that noise impacts to the surrounding neighborhood are mitigated;
(4)
Outside areas for animals shall be enclosed by a fence of at least 6 feet in height;
(5)
Animal waste shall be contained and legally removed in a timely manner;
(6)
Adequate odor control measures shall be implemented;
(7)
Adequate screening for abutters shall be provided.
§ 210-126.4 Dog day care facilities.
[Added 5-2-2016 ATM by Art. 39]
A.
A Dog Day Care Facility may be permitted in any zoning district upon the grant of a special permit from the Board of Appeals, subject to the requirements set forth in this section.
B.
Dog Day Care Facilities shall conform to the following provisions:
(1)
The Dog Day Care Facility shall be located on a lot containing a minimum of three (3) acres;
(2)
There shall be no more than twelve (12) dogs at the Dog Day Care Facility at any one time;
(3)
The hours of operation of the facility shall be as determined by the Board of Appeals in the Special Permit, provided that a Dog Day Care Facility shall not open before 7:00 AM and be open later than 6:00 PM, and a Dog Day Care Facility shall not be open on Saturday or Sunday;
(4)
The outside areas for dogs shall be enclosed by a fence of at least 6 feet in height;
(5)
When the dogs are outside they shall be on the premises and under constant supervision. No more than two (2) dogs shall be outside together before 9:00 AM.
(6)
All dog waste shall be contained and legally removed in a timely manner;
(7)
Adequate odor control measures shall be implemented;
(8)
Adequate measures shall be implemented to ensure that noise impacts to the surrounding neighborhood are mitigated;
(9)
There shall be no overnight care or boarding of dogs;
(10)
Adequate screening for abutters shall be provided;
(11)
Any Special Permit issued for a Dog Day Care Facility shall remain in force for a period of two (2) years from the date of issuance or until there is a change in ownership of the premises, whichever occurs first.