Notwithstanding any provision of this Chapter to the contrary, development undertaken under a Master Plan Special Permit issued pursuant to § 210-247 shall not be subject to § 210-126.1 Residential Subdivisions of 10 acres or more.

Development undertaken pursuant to a Master Plan Special Permit issued pursuant to § 210-247 shall be subject to the following provisions of this Chapter only to the extent provided for in, and as modified by, the provisions of this Article:

The following uses shall be permitted by right or allowed by Special Permit in the NMU District without the issuance of a Master Plan Special Permit. Upon the issuance of a Master Plan Special Permit pursuant to § 210-247 and the filing of the Notice pursuant to § 210-247.D, the uses permitted in § 210-240.B and not those specified in § 210-240.A shall be permitted within the area subject to the Master Plan Special Permit.

The following uses shall be permitted in the NMU District for a Development Project under a Master Plan Special Permit issued pursuant to § 210-247:

Commercial Uses within the NMU District shall be limited to 250,000 square feet of Gross Floor Area in the aggregate, as authorized by a Master Plan Special Permit issued pursuant to § 210-247. No single building shall have a footprint exceeding 19,000 square feet of Gross Floor Area or exceed 38,000 square feet of Gross Floor Area in total, with the exception of buildings used for an Athletic Club/Health and Fitness Club. An Athletic Club/Health and Fitness Club may have a footprint of up to 80,000 square feet of Gross Floor Area exclusive of Air Supported Structures or a footprint of up to 110,000 square feet of Gross Floor Area inclusive of Air Supported Structures, but shall not exceed 150,000 square feet of Gross Floor Area inclusive of Air Supported Structures; provided, however, that the Planning Board may, by Special Permit, approve an Athletic Club/Health and Fitness Club with a greater area of Gross Floor Area.

The Planning Board may, by Special Permit, approve the re-use of a building or combination of buildings formerly containing an Athletic Club/Health and Fitness Club for non-residential uses permitted under § 210-240.B where such re-use would exceed the maximum footprint or Gross Floor Area otherwise permitted for such uses by this section; provided, however, that no Special Permit may authorize an Air Supported Structure to be used for purposes that are not a component of an Athletic Club/Health and Fitness Club. Under no circumstances shall a Special Permit be issued that results in more than 250,000 square feet of Gross Floor Area of commercial uses within the NMU District.

For the purposes of this section, the area of buildings used for water supply or sewage treatment facilities shall be excluded from the calculation of Gross Floor Area.

Residential Uses within the NMU District shall be limited to 280 Dwelling Units, which shall be multi-family dwellings with a maximum of 472 bedrooms in total and which shall not include more than 20 three-bedroom units, as authorized by a Master Plan Special Permit issued pursuant to § 210-247.

One (1) Dwelling Unit shall be established as an Affordable Housing Unit for every four (4) Dwelling Units within the NMU District. As long as the rules, regulations or guidelines of the Massachusetts Department of Housing and Community Development issued pursuant to M.G.L. c. 40B, §§ 20-23 provide that all of the units in a rental development that contains at least 25% affordable housing units are eligible for inclusion on the Subsidized Housing Inventory, then all Dwelling Units within the NMU District shall be operated as a rental development. However, if either (i) M.G.L. c. 40B, §§ 20-23 is no longer in effect, or (ii) the rules, regulations or guidelines of the Massachusetts Department of Housing and Community Development, issued pursuant to M.G.L. c. 40B §§ 20-23, no longer provide that all of the units in a rental development that contains at least 25% affordable housing units are eligible for inclusion on the Subsidized Housing Inventory, then the Dwelling Units may be operated either as a rental development or as a for-sale condominium development. In such case, the number of affordable Dwelling Units shall be no less than one (1) for every four (4) Dwelling Units within the NMU District.

All Affordable Housing Units shall be integrated with the rest of the residential development in which it is located, and shall be comparable in design, exterior appearance, construction, and quality of exterior materials with other units in such residential development. The mean number of bedrooms in Affordable Housing Units shall be equal to the mean number of bedrooms in the market-rate Dwelling Units in the residential development in which they are located.

Where a Master Plan Special Permit has not been issued, the dimensional requirements set forth in § 210-186 shall be applicable.

The following dimensional requirements shall apply to any uses for which a Master Plan Special Permit has been issued:

Adequate pedestrian access, as determined by the Planning Board, shall be provided to the Open Conserved Land. The Open Conserved Land may remain as part of the overall Development Site and need not be a separate parcel, but there shall be Open Conserved Land Covenants stating that there shall be no further development and no activities within the Open Conserved Land that are not consistent with the Open Conserved Land Covenant’s purpose. The Open Conserved Land may consist of a separate parcel and may be conveyed to the Town or a nonprofit organization, the purpose of which is the preservation of open space, or may be retained by an owner of land within the Development Site. Regardless of any such conveyance, the Open Conserved Land shall continue to be considered part of the Development Site for the purpose of calculating dimensional requirements.

The Open Conserved Land shall consist of land that may be used for outdoor active or passive recreational purposes and shall be planned as large, contiguous units wherever possible. If privately owned, the Open Conserved Land shall be available for use by the general public, subject to such reasonable rules and regulations to govern the use of the Open Conserved Land as may be adopted by the owner thereof. The Open Conserved Land may be comprised of more than one parcel, provided that the size, shape and location of such parcels are suitable for outdoor active or passive recreational purposes.

Setback areas from zoning district boundaries, if more than 100 feet in depth, may be considered to be part of the Open Conserved Land.

Areas set aside for planned or reserved parking spaces or fire lanes shall not qualify to be part of the Open Conserved Land.

Open Conserved Land may be used for the provision of subsurface utilities for the NMU District such as sewer lines, water lines, wastewater disposal beds and related underground equipment.

Open Conserved Land Covenants shall specify the permitted uses of specific parcels of Open Conserved Land; the responsible party to be charged with maintenance and stewardship of the Open Conserved Land in perpetuity; and a required program for such maintenance and stewardship.

Nothing in this section shall be interpreted to preclude the owner of Open Conserved Land from imposing additional restrictions on the Open Conserved Land or a conservation restriction which are not inconsistent with the applicable Open Conserved Land Covenant.

Curb cuts on public ways abutting the Development Site shall be minimized. Whenever feasible, Development Projects shall include interior vehicular connections to adjacent Development Projects and to adjacent non-residential development outside the NMU District for the purpose of reducing curb cuts and traffic flow on adjacent public ways. The location of curb cuts shall be determined by the Planning Board during the Site Plan Review process.

Buildings, roadways and parking lots shall be designed to accommodate the landscape, natural site features and natural resources. Disturbance to the site shall be minimized so that as many trees and natural features are retained as possible. Natural features shall be incorporated within the Open Conserved Land where possible.

Outdoor lighting fixtures shall be shielded and directed to prevent illumination from falling outside of the intended areas.

The design of any interior roadway that connects two or more Development Projects shall conform to the Rules and Regulations Relating to the Subdivision of Land, whether or not such interior roadway is laid out in accordance with the Subdivision Control Law. The Planning Board may waive specific provisions of the Rules and Regulations Relating to the Subdivision of Land if such waiver would be not be inconsistent with the design principles set forth in this section and otherwise in the public interest. All utilities within the Development Site shall be underground.

The design of buildings shall be consistent with styles that are traditional to New England and Hopkinton. Buildings shall utilize energy efficient design and low impact development t techniques and principles, to the extent feasible.

If stormwater management facilities are necessary for the construction of the buildings on the Development Site, such facilities shall not be located within the required setback areas, unless specifically permitted by the Planning Board. Such stormwater management facilities shall be designed to appear as natural landforms, to the extent feasible.

The Planning Board shall be the Special Permit Granting Authority for any Special Permit issued pursuant to the provisions of this Article. The Planning Board may adopt and file with the Town Clerk regulations governing Submission Requirements and Procedures for any such Special Permit.

In all matters in which it has jurisdiction to issue use Special Permits pursuant to the provisions of this Article, the Planning Board may issue such Special Permits only upon a finding that the proposed use is in harmony with the general purpose and intent of this chapter. Any such Special Permit shall be subject to such conditions and safeguards as the Planning Board may prescribe and shall include design guidelines applicable to development of the site. In reviewing any application for such a Special Permit, the Planning Board shall give due consideration to promoting the public health, safety, convenience and welfare, shall encourage the most appropriate use of land, shall require that development be consistent with the Design Principles set forth in § 210-246 and shall permit no building or use that is injurious, noxious, offensive or detrimental to its neighborhood.

Except as otherwise authorized in this Section, no Construction Activity for a use that is subject to a Master Plan Special Permit pursuant to the provisions of this Article shall commence unless authorized by said Master Plan Special Permit.

If the applicant elects to exercise the rights granted in a Master Plan Special Permit issued pursuant to the provisions of this Article, a Notice to such effect shall be filed with the Town Clerk, Planning Board and Department of Municipal Inspections, and recorded in the Registry of Deeds, prior to the commencement of Construction Activity. From and after the filing of such Notice, all Construction Activity within the NMU District shall be in accordance with the approved Master Plan Special Permit.

The entirety of the NMU District shall be subject to one Master Plan Special Permit, for uses allowed pursuant to § 210-240.B.

Application for a Master Plan Special Permit.

Construction of all Development Projects within the NMU District shall be subject to Site Plan Review by the Planning Board in accordance with the provisions of Article XX, with the following additions and exceptions:

Permissible building areas. A Site Plan may show proposed construction within a Permissible Building Area, where the mix of uses and related construction details are subject to change, and shall specify the maximum square feet of Gross Floor Area to be constructed within such Permissible Building Area. Although the Site Plan may show a proposed building in a specific location, the Site Plan approval shall authorize the construction of the Development Project if the structures therein and other site features thereof are located within the Permissible Building Area indicated. After the issuance of a Certificate of Occupancy for a building, (i) for commercial buildings: the amount by which such building is less than the maximum square footage of Gross Floor Space allocated thereto shall be available for reallocation to other proposed commercial buildings in computing the total Gross Floor Area for commercial uses in the NMU District for purposes of the Intensity of Use Limitations set forth in § 210-241.A, and (ii) for residential buildings: the amount by which the number of Dwelling Units constructed is less than the number of Dwelling Units proposed shall be available for reallocation to other proposed Dwelling Units in computing the total number of Dwelling Units for purposes of the Intensity of Use Limitations set forth in § 210-241.B, subject to further site plan review of the buildings to which such intensity of uses is reallocated, if required.

Minor modifications. After the filing of a Decision of Site Plan Review, the Planning Board shall have the authority to approve minor modifications to the Site Plan. Minor modifications shall include changes that involve minor utility or building orientation adjustments; minor adjustments to parking, landscaping, Open Conserved Land or other building or site details; or other changes that do not significantly increase the square footage of Gross Floor Area of Commercial Uses within a Development Project or the number of Dwelling Units in a Development Project. Minor modifications may be approved by the Planning Board at any regularly scheduled public meetings, without the need to hold a public hearing.

Duration of approval. If the development is to be phased over time, Site Plan approvals under this Article shall remain in effect as long as a building permit for not less than one (1) building in a Development Project on the Development Site is issued within two (2) years of issuance of the Site Plan approval (or the date of final resolution of any appeal of such issuance).

Modifications to Article XII, Water Resources Protection Overlay District. In the NMU District, the following modifications to the provisions generally applicable to the Water Resources Protection Overlay District shall apply: For purposes of § 210-70(C) (2), the term “Development Project” shall be substituted for the term “lot.”

Modification to Article XVIII, Supplementary Provisions. The Planning Board may, at its discretion, waive provisions of § 210-124, Off-Street Parking which pertain to the design of parking facilities, as part of the Site Plan Review process if such waiver would assist with achieving the purposes of this Article.