Lee City Zoning Code
ARTICLE X
Supplemental District Regulations
§ 199-10.1 Office Park and Light Industrial District.
A.
Site plan approval required; storage; accessory uses.
(1)
All uses within an Office Park and Light Industrial (OPLI) District are subject to a site plan approval in accordance with § 199-13.3.
(2)
All storage areas shall have the necessary facilities to protect the environment from leakage and drainage of any noxious or harmful liquids from such storage.
(3)
Accessory uses not contained in the principal building shall be provided with safe access and shall be in a structure of an architectural style compatible with the principal structure or screened from view from a public way.
B.
Design standards.
(1)
Access. The number of curb cuts on state and local roads shall be minimized.
(b)
One driveway per business shall be permitted as a matter of right. When deemed necessary by the Planning Board, two driveways may be permitted as part of the site plan approval process, which shall be clearly marked "entrance" and "exit."
(c)
Curb cuts shall be limited to a minimum width of 18 feet, for safe entering and exiting, and shall in no case exceed 24 feet in width.
(d)
The proposed development shall assure safe interior circulation within its site by separating pedestrian and vehicular traffic, as needed.
(3)
Landscaping.
(a)
A coordinated landscape design for the entire project shall be reviewed by the Planning Board. Emphasis shall be on maintaining naturally vegetated buffers.
(b)
Wherever possible, an attempt shall be made to screen a use from view from any residence in an abutting residential district. This screening may be accomplished through use of dense, hardy evergreen plantings or by earthen berms, a wall or tight fence, complemented by evergreen plantings. Natural vegetation shall be maintained within the fifty-foot buffer strip when abutting a residential district. In the absence of natural vegetation, the addition of dense, hardy evergreen plantings will be required. Vegetated buffer strips, landscaped or natural, shall be provided, 15 feet wide between lots and 30 feet wide adjacent to any public road. Where shared parking lots are involved, buffer strips may be reduced or waived.
(c)
Large parking areas shall be subdivided with landscaped islands. At least one tree (minimum two-inch caliper) per 35 parking spaces shall be provided.
(d)
All outdoor storage shall be screened so that it is not visible from adjacent streets and drives or adjacent properties within 50 feet of the property line of the lot on which the storage occurs. Any outdoor area for storage or utilities shall be screened from view from neighboring properties and streets. Where there exists any potential safety hazard to children, physical screening shall prevent children from entering the premises.
(e)
All landscaped areas shall be properly maintained by the lot owner. Shrubs or trees which die shall be replaced within one growing season.
(4)
Parking.
(a)
Parking areas may be located to the side or rear of the structure and may be shared with adjacent businesses. Parking may be allowed in the front of the building only if, in the opinion of the Planning Board, as part of the site plan review, the topography of the lot limits the parking areas available on the side or the rear of the building. In that case, special emphasis will be placed on natural screening of those areas where parking is needed in front of the building.
(5)
Signs and sign illumination.
(a)
Business signs. Each business within the OPLI District may be allowed the following signs:
[1]
Business name as part of a directory sign:
[a]
One sign as part of a directory sign may be allowed. The size, lettering and color will be in conformity with other signs located on this directory. Each sign will be accompanied by a designated lot or street number for identification purposes.
[b]
The sign shall be of an integrated and uniform design and shall be located as a directory within the OPLI park or area. The signs shall be single-sided with lettering visible upon entering the park. They shall identify the name of the business.
[c]
A directory sign shall not exceed a total of 64 square feet, including the name of the park. This square footage does not include the area dedicated to the support system for the sign. The name of the office park/light industrial facility may also be included as a crown sign to a directory sign. The placement of the directory sign shall be a minimum of 100 feet from the edge of the road pavement.
[2]
Business premises signs. Each business within the office park/light industrial facility may be allowed the following:
[a]
A sign not to exceed 16 square feet that is affixed to the building. The sign shall identify the business and may include a logo or graphics.
[b]
Professional nameplate signs not exceeding four square feet each, and not to exceed 32 square feet in total. These signs are to be used in conjunction with a sign affixed to the building. The purpose of these signs is to identify key individuals or professionals within a group practice or company. These signs shall be in conformance with the signs of other businesses located in the same facility.
[3]
Property signs. Each building owner shall be allowed a freestanding sign, not to exceed 20 square feet. These signs may identify the several businesses located within the building. Placement of these signs shall not obstruct visibility of traffic on the roadway and/or in and out of parking areas and shall be located 10 feet from the edge of the pavement. These signs shall be two-sided and shall be installed perpendicular to the roadway.
[4]
Facility or office park entrance signs. The developer or association of owners of an office park/light industrial facility are allowed two signs not to exceed 20 square feet at the entrance of the facility bearing the official name of the office park/light industrial facility only. The size and placement of any facility or office park entity sign shall be approved by the Planning Board. These signs may be single- or double-sided.
[5]
Directional signs. Internal directional signs may be allowed within the park. They shall be uniform in size and style and shall not exceed eight square feet. These signs are intended to direct the public to the street number. No business name should appear on the sign. Directional signs shall be located within the road right-of-way so as not to prohibit visibility for incoming and outgoing traffic. The sign shall identify the business and may include a logo or graphics.
[6]
Sign illumination. Sign lighting shall be continuous, not intermittent or flashing or changing. Illumination for the sign may be by spotlighting or by internal means. Spotlighting shall be placed or hooded so that the light shall not shine onto the roadway and/or parking area or abutting properties or cause glare or reflection creating a traffic hazard or public nuisance.
§ 199-10.2 Planned Commercial Village Center.
A.
Purpose. The purpose of the Planned Commercial Village Center shall be as follows:
(1)
To provide an attractive setting for large commercial retail and/or office or institutional structures in a village atmosphere.
(2)
To promote job creation along with growth in the Town's tax base.
(3)
To maximize the use of the site's natural characteristics.
(4)
To maintain aesthetic sensitivity and compatibility with the surrounding community.
(5)
To minimize the overall impact of development on the immediate environment, neighborhood and community.
B.
Site plan approval required; accessory uses.
(1)
All uses within a Planned Commercial Village Center District are subject to a site plan approval in accordance with site plan review provisions as spelled out in § 199-13.3.
(2)
Accessory uses not contained in the principal building or group of buildings shall be provided with safe vehicular and pedestrian access and shall be in a structure of an architectural style compatible with the principal structure and screened from view from a public way.
C.
Design standards.
(1)
All uses in a Planned Commercial Village Center (PCVC) shall be in conformity with the regulations set forth in the Table of Dimensional Requirements.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
(2)
Uses shall be contained in one continuous building or grouping of buildings where such groups are consistent with the safety of the users of the development and are further consistent with the overall intent of this article.
(3)
The following uses are limited in aggregate to 5% of the gross floor area of the PCVC: food courts, food kiosks, automatic teller bank machines, stamp machines, parcel shipping and postal activities.
(4)
Unless the applicant provides data from existing uses, professionally reputed sources, such as the Institute of Transportation Engineers' publication Trip Generation, shall be used to calculate the number of vehicle trips per day for each proposed use.
(5)
The development shall be served by a public water and sewer system.
(6)
All development in the PCVC District must comply with the commercial development and environmental performance standards of Article XII.
(7)
Access standards. The number of curb cuts on state and local roads shall be minimized.
(b)
Where deemed necessary by the Planning Board, two driveways may be permitted as part of the site plan approval process which shall be clearly marked "entrance" and "exit."
(c)
Curb cuts shall be limited to the minimum width for safe entering and exiting, based on recognized industry standards.
(d)
All driveways shall be designed to afford motorists exiting to highways with safe sight distance.
(e)
The proposed development shall assure safe interior circulation within its site by separating pedestrian, bicycle and vehicular traffic.
(f)
Driveway design and placement must be in harmony with the internal circulation and parking design so that the entrance can absorb the maximum rate of inbound traffic during a normal weekday peak traffic period.
(g)
The driveway entrance must be able to accommodate all vehicle types having occasion to enter the site, including delivery and emergency vehicles.
(h)
The driveway placement should be such that loading and unloading activities will in no way hinder vehicle ingress or egress.
(i)
An appropriate alternate accessway for emergency vehicles is required.
(8)
Pedestrian safety improvement. Internal pedestrian systems, including sidewalks, are required. Applicants are encouraged to link pedestrian systems between proposed new large developments and existing developments.
(a)
A landscaped buffer strip at least 15 feet wide, continuous except for approved driveways, shall be established adjacent to any public road to visually separate parking and other uses from the road. The buffer strip shall be planted with grass, medium-height shrubs and conifers as well as shade trees (minimum two-inch caliper, planted at least every 50 feet along the road frontage). At all street or driveway intersections, trees or shrubs shall be set back a sufficient distance from such intersections so that they do not present a traffic visibility hazard. The sidewalk required above shall be incorporated into the buffer strip.
(b)
Large parking areas shall be subdivided with landscaped islands or by other means approved by the Planning Board so that no paved parking surface shall extend more than 150 feet in width. At least one tree (minimum two-inch caliper) per 13 parking spaces shall be provided.
(c)
Exposed storage areas, machinery, service areas, truck loading areas, utility buildings and structures and other unsightly uses shall be screened from view from neighboring properties and streets using dense, hardy evergreen plantings or earthen berms or a wall or tight fence complemented by evergreen plantings.
(9)
Landscaping. A coordinated landscape design for the entire development shall be reviewed and approved by the Planning Board.
(10)
All garbage and trash receptacles will be enclosed, concealed and sealed at all times.
(11)
Fencing. Wherever deemed necessary for safety purposes, a minimum seven-foot-high fence shall be erected as specified by the Planning Board.
D.
Operating center signs.
(1)
Two exterior signs, in any combination presented below, are allowed per operating center in the PCVC. All signs are subject to site plan approval. They must conform to the following regulations:
(a)
A wall sign identifying the center and consisting of no more than 65% of the square footage of a freestanding or retaining wall will be allowed. Said sign must be designed in harmony with the buildings and landscaping of the PCVC. Under no conditions will said sign extend more than 10 inches outward from the wall. Said signage may not extend more than three feet from the top of the retaining wall. The retaining wall may be painted to improve the visibility of the wall sign.
(b)
A freestanding sign identifying the center will consist of no more than 20 square feet with a maximum height of 25 feet. Said sign will be designed in harmony with the buildings and landscaping of the PCVC.
(c)
A berm sign identifying the center will consist of no more than 32 square feet, with a maximum height of 11 feet above a berm that will be no higher than four feet. The sign and berm, in aggregate, can be no higher than 15 feet above the ground. Said sign may be two-sided. Under no conditions will any lettering extend beyond the edges of the sign. Said sign will be designed in harmony with the buildings and landscaping of the PCVC.
(2)
Sign illumination. Sign lighting shall be continuous, not intermittent or flashing or changing. Illumination for the sign may be by spotlight or by internal means. Spotlighting shall be placed or hooded so that the light shall not shine onto the roadway and/or parking area or abutting properties or cause glare or reflection creating a traffic hazard or public nuisance.
E.
Individual business signs.
(1)
The following signs shall be allowed by permit within the Planned Commercial Village Center:
(a)
Multiple tenants within a single building may place a sign (of wood or material similar in weight and density to wood) on the building exterior, advertising the name and/or logo of the business according to the following criteria and restrictions:
[1]
No single sign and/or logo may exceed 40 square feet in area.
[2]
Each business with 60 or less linear feet of distance between its front interior side wall to its other front interior side wall may have one sign up to 40 square feet in size.
[3]
In instances where an architectural feature divides the facade, the allowed square footage for one sign may be evenly divided.
[4]
Those businesses with more than 60 linear feet between front side walls may have two signs each up to 40 square feet in size.
[5]
Businesses occupying corner space fronting on a second public way other than the rear will be allowed a secondary sign no larger than 20 square feet for placement on the secondary exterior building wall.
[6]
The above signage will be no more than 24 inches high.
(b)
Businesses within a single-tenant detached building will be allowed up to 110 square feet of exterior primary signs (of wood or material similar in weight and density to wood) to advertise the name and/or logo. No single sign may be larger than 40 square feet in size.
(c)
One sign, one foot by eight feet, will be allowed on the rear of each building, identifying each business within the building.
(d)
Signs identifying the name of the business may be mounted above the public entrances to the business which are two-sided and installed at a right angle to the building facade. These signs shall be at least seven feet above the pedestrianway and shall be securely mounted to prevent movement in windy conditions. These signs are not illuminated and shall not exceed one foot by 3.5 feet in size. No sign is to be placed above eaves or on the peaks.
(e)
Additional store signage may be authorized by the Planning Board for those tenants whose storefronts are obstructed from customers' main street view by gazebos, porches or other permanent structures or are shaped to preclude main street viewing.
(f)
Full window coverings are permitted in the situation where the exterior windows are blocked off or where displaying signage or merchandise is not feasible.
(g)
Exterior food court vendor signs (one foot by eight feet) are permitted at front and rear of food court entrances listing "food court" and the store names of the food court tenants.
(h)
Store logos are permitted to be placed on the front perpendicular edge of the awnings of the stores. The logo will not exceed 12 inches in height. Only one permit per store is required.
(i)
Window vinyl letters are permitted to be placed at the bottom of the store's windows. Stores may place reverse vinyl die-cut letters without opaque backgrounds directly on the inside face of the store's window to identify their trade name, website and/or logo. Window vinyl letters may not exceed five inches in height. The window vinyl letters shall be placed four inches above the storefront knee wall and are not permitted on doors. Only one permit per store is required.
(j)
Banners are permitted on light poles and streetlights, excluding those located on the main access road between Water Street and the traffic circle entry. Banners may include decorative designs, store names and off-premises advertising by nationally recognized brands and/or regional attractions. Two banners may be placed on each pole. Banners shall not exceed 35 square feet per side. One sign permit per type of banner is required.
(2)
The following signs shall be allowed by right within the Planned Commercial Village Center and do not require a permit:
(a)
Each tenant may have a sign on the rear door used for delivery, which signs will identify the name and building number of the business. These signs will be uniform in nature and may not exceed four inches in height.
(b)
Directory signboards and informational signs will be agreed to by the Planning Board. Issues such as size, shape, color, placement and all other relevant issues will be reviewed with the Police and Fire Departments, the Public Health and Public Works Boards and the Building Commissioner. The shopping center's logo is permitted to be placed on informational signage for continuity and to promote the advertising theme of the shopping center. Directory sign boards may display on-site retailer advertising on one side, including off-premises advertising of nationally recognized brands and/or regional attractions. Directory board advertising signs shall not exceed 40 inches by 50 inches and shall only be allowed by permit.
(c)
Informational parking lot signage is permitted to be placed on light poles and other areas to assist customers in locating their vehicles. Store names may be used to identify parking areas. The Planning Board will agree to the shape and size of these informational signs.
(d)
Window display signs will be permitted by right. Window display signs will consist of nonilluminated interior signage announcing temporary sales, seasonal products or generic merchandising posters/signs. Window display signs will not be placed directly to the store's front windowpane. Suction-cup holders attaching the signage to the windowpane are permitted. Window signs may be constructed of an opaque or clear material, but may not exceed 75% of the window that they are displayed in.
(e)
Static-cling signs are permitted to be placed on storefront doors and adjacent storefront windows. These signs will be produced and installed by landlord. Static-cling signs will consist of general customer information such as, but not limited to, hours of operation, no food, no pets, smoking prohibited, employment opportunities, exterior door safety signs such as "use other door," accepted credit cards and seasonal promotions.
(f)
Portable, two-sided, twenty-two-by-twenty-eight-inch poster sign holders are permitted at no more than 18 exterior locations throughout the outlet center to advertise shopping center activities, events, sales, mall hours, amenities, etc. The landlord will determine use and frequency of these poster sign holders. Posters will be professionally or computer produced. The Planning Board may review and modify the number and location of such signs at its discretion.
(3)
For the purposes of this section, all logos, copywritten or not, are considered to be part of the sign and must be within the sign area permitted as above.
(4)
The following signs will not be permitted:
(a)
Door signs, except as set forth in § 199-10.2E(1)(e) above.
(b)
Neon signs.
(c)
Interior illuminated signs, except as placed inside the business at least five feet from the store window.
(d)
Signs which simulate motion through alternating lighting or which have moving features.
(e)
Plastic signs.
(f)
Billboards, streamers, ribbons and spinners.
(g)
Roof signs.
(h)
Handwritten signs of any kind.
§ 199-10.3 Restrictions on watershed lands.
A.
No construction requiring the installation of any type of sanitary sewer or waste disposal system shall be allowed within 500 feet of the following waterways unless the lot is connected into the Town sanitary sewer system: Woods Pond, Laurel Lake, Goose Ponds, the Housatonic River or the Leahey or Upper Reservoir or any body of water in the Town which is used for Town water supply.
B.
This section will in no way interfere with the construction of pollution abatement equipment for industrial plants, provided that the installation is approved by the Lee Board of Health, appropriate Commonwealth of Massachusetts Pollution Control Boards and the Planning Board. This section will not prohibit the further development of the Town sanitary sewer system.
C.
The Zoning Board of Appeals, under authority granted to it in § 199-13.2 of this chapter and after a duly advertised public hearing, may grant a variance to this portion of this chapter, provided that the following three conditions are met:
(1)
An undue economic hardship for the property owner would result from failure to grant a building permit.
(2)
Evidence is presented by the owner, showing that a proposed project or construction would in no way pollute any waterway. Such evidence would include receipt of statements from the Commonwealth of Massachusetts Board of Health, the Commonwealth of Massachusetts Water Pollution Control District and the Lee Board of Health giving their approval of the construction and waste disposal system.
(3)
A certificate signed by a majority of the Department of Public Works is presented, stating that it will not be constructing sewers within a five-year period to serve the land in question.
§ 199-10.4 Solar photovoltaic installations.
A.
In the various zones, solar photovoltaic installations of various sizes (as defined in Article XIV) either are permitted without board review, are permitted after site plan review, require a special permit, or are prohibited, as follows:
Zone | Permitted without Board Review | Permitted After Site Plan Review | Special Permit Required | Prohibited |
|---|---|---|---|---|
R-20 and R-30 | Roof, small | Medium | Large | |
RA | Roof, small, medium | Large | ||
RM | Roof, small, medium | Large | ||
CR | Roof, small, medium | Large | ||
RB | Roof, small, medium | Large | ||
BM | Roof, small, medium | Large | ||
CBC | Roof, small | Medium, large | ||
DCBC | Roof, small | Medium, large | ||
PCVC | Roof, small, medium | Large | ||
I | Roof, small, medium | Large | ||
OPLI | Roof | Small, medium | Large |
B.
Where a special permit is required only under this section, the Planning Board is the special permit granting authority.
§ 199-10.5 Redevelopment projects within DCBC Zone.
A.
Purpose. The purpose of this section is to encourage increased density, housing, and mixed-use development projects within the Downtown Commercial Business Corridor (DCBC) without requiring the construction of affordable housing. However, nothing in this section shall be construed as prohibiting the construction of affordable housing in the DCBC Zone.
B.
C.
Other reviews waived. Notwithstanding § 199-4.2H(2) (multifamily housing), any redevelopment project which obtains a special permit under this section shall not be required to obtain a special permit from the Board of Selectmen.
§ 199-10.6 Smart Growth Overlay District.
A.
Purpose. The purpose of this section is to establish a Smart Growth Overlay District (SGOD) to encourage smart growth in accordance with the purposes of MGL c. 40R. Other objectives of this section are to:
(1)
Encourage the revitalization of existing buildings to benefit the general health and welfare of our residents and the region;
(2)
Promote the economic health and vitality of the Town by encouraging the preservation, reuse, renovation, and repurposing of underutilized historic structures where applicable;
(3)
Maintain a consistently high level of design quality;
(4)
Establish requirements, standards, and guidelines, and ensure predictable, fair and cost-effective effective development review and permitting;
(5)
Enable the Town to receive zoning incentive payments and/or density bonus payments in accordance with MGL c. 40R, 760 CMR 59.06 and MGL c. 40S, arising from the development of housing in the SGOD District.
B. ACCESSORY SIGN ADMINISTERING AGENT or MONITORING AGENT AFFORDABLE HOMEOWNERSHIP UNIT AFFORDABLE HOUSING AFFORDABLE HOUSING RESTRICTION AFFORDABLE RENTAL UNIT APPLICANT AS-OF-RIGHT DEPARTMENT or DHCD DESIGN STANDARDS DEVELOPABLE LAND ELIGIBLE HOUSEHOLD ENABLING LAWS FREESTANDING SIGN LANDMARK SIGN LIVE/WORK UNIT MENU BOARD SIGN MIXED-USE DEVELOPMENT PROJECT MULTIFAMILY RESIDENTIAL USE PAA REGULATIONS PLAN APPROVAL PLAN APPROVAL AUTHORITY (PAA) POLITICAL SIGN PROJECT PUBLIC SERVICE SIGN RESIDENTIAL PROJECT SGOD SIGN TEMPORARY SIGN WINDOW DISPLAY SIGN
Definitions. For purposes of this section, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the Enabling Laws; or, as applicable, as otherwise set forth in this chapter; or as set forth in the Plan Approval Authority (PAA) Regulations. To the extent that there is any conflict between the definitions set forth in this section or the PAA Regulations and the Enabling Laws, the terms of the Enabling Laws shall govern.
As defined in § 199-7.3 of this chapter.
The local housing authority or other qualified housing entity designated by the PAA to review and implement the affordability requirements affecting projects under this section.
An Affordable housing unit required to be sold to an eligible household.
Housing that is affordable to and occupied by eligible households.
A deed restriction of affordable housing meeting statutory requirements in MGL c. 184, § 31, and the requirements of § 199-10.6F(6) of this chapter.
An affordable housing unit required to be rented to an eligible household.
The individual or entity that submits a project for plan approval.
The Massachusetts Department of Housing and Community Development, or any successor agency.
Provisions of Article XIII made applicable to projects within the SGOD that are subject to the plan approval process.
An area of land that does not include wetlands or wetland buffer zone areas, rare and endangered species habitats as designated by the Massachusetts Natural Heritage and Endangered Species Program, or slopes over 15%.
An individual or household whose annual income is less than 80% of the area-wide median income as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.
Massachusetts General Laws c. 40R and 760 CMR 59.00.
As defined in § 199-7.3 of this chapter.
As defined in § 199-7.3 of this chapter.
A living unit in which the resident(s) are engaged in creative production and services, and which may or may not include retail sales of items produced on-site, provided such sales do not occur more than 12 hours per week or between the hours of 8:00 p.m. and 8:00 a.m.
As defined in § 199-7.3 of this chapter.
A project containing a mix of residential uses and nonresidential uses.
A residential building in which there are four or more residential dwelling units.
The rules and regulations of the PAA adopted pursuant to § 199-10.6I(3).
The local approval authority authorized under § 199-10.6I(2) to conduct the plan approval process for purposes of reviewing project applications and issuing plan approval decisions within the SGOD.
A sign placed on private property and designed to influence voters or to influence any official action by one or more public officials or expressing an opinion on a matter of cultural, societal, religious, or political topic.
[Amended 5-12-2022 ATM by Art. 12]
A residential or mixed-use development undertaken within the SGOD in accordance with the requirements of this SGOD.
As defined in § 199-7.3 of this chapter.
A project that consists solely of residential, parking, and accessory uses.
The Smart Growth Overlay District established in accordance with this section.
As defined in § 199-7.3 of this chapter.
As defined in § 199-7.3 of this chapter.
As defined in § 199-7.3 of this chapter.
C.
Establishment. The Smart Growth Overlay District, hereinafter referred to as the "SGOD," is an overlay district having a land area of approximately 9.9 acres in size that is superimposed over the underlying zoning district(s) and consists of land shown in the 2017 Town of Lee Assessor's Map 12A, Parcels 63, 64, 65, 66, 67, 68, 70, 71 and 72 and shown on the Zoning Map as set forth on the map entitled "Smart Growth Overlay District," dated September 13, 2017, and on file with the Town Clerk.
[Amended 3-24-2022 STM by Art. 18]
D.
Applicability of SGOD.
(1)
An applicant seeking to develop a project located within the SGOD must submit an application for plan approval in accordance with the provisions of the Enabling Laws and the SGOD. Notwithstanding anything to the contrary in this chapter, such project shall not be subject to any other provisions of this chapter, including limitations upon the issuance of building permits for residential uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to other building permit or dwelling unit limitations.
(2)
Underlying zoning. The SGOD is an overlay district superimposed on all underlying zoning districts. The regulations for use, dimension, and all other provisions of this chapter governing the underlying zoning district(s) shall remain in full force, except for those projects undergoing development pursuant to this section. Within the boundaries of the SGOD, a developer may elect either to develop a project in accordance with the requirements of the Smart Growth Zoning, or to develop a project in accordance with requirements of the regulations for use, dimension, and all other provisions of this chapter governing the underlying zoning district(s). Where a project proposed pursuant to the SGOD falls within a Floodplain Overlay District as set forth in § 199-3.2 of this chapter, the project shall comply with applicable provisions of that section, including any special permit(s) as may be required.
E.
Permitted uses. The following uses are permitted as-of-right for projects within the SGOD:
(1)
Mixed-use development projects. A mixed-use development project within the SGOD may include:
(a)
Multifamily residential use(s), which may include live/work units;
(b)
Any of the following nonresidential uses:
[1]
Offices, including medical offices.
[2]
Retail stores, including banks, and wholesale establishments, but excluding stores and establishments with drive-through windows.
[3]
Business service establishments and personal service establishments.
[4]
Bakeries and artisan food or beverage producers.
[5]
Restaurants and cafes, indoor or outdoor.
[6]
Hotels.
[7]
Community, education, or recreational uses, including museums, parks, playgrounds, health clubs and gym/fitness centers.
[8]
Light industrial uses.
(c)
Parking accessory to any of the above permitted uses, including surface, garage-under, and structured parking (e.g., parking garages); and
(d)
Accessory uses customarily incidental to any of the above permitted uses.
(2)
The total gross floor area devoted to nonresidential uses within a mixed-use development project shall not exceed 49% of the total gross floor area of the project.
F.
Housing and housing affordability.
(1)
Number of affordable housing units. For all projects, not less than 20% of housing units constructed shall be affordable housing. Unless the PAA provides a waiver on the basis that the project is not otherwise financially feasible, 25% of rental dwelling units constructed in a project containing rental units must be affordable rental units. For purposes of calculating the number of units of affordable housing required within a project, any fractional unit shall be deemed to constitute a whole unit.
(2)
Monitoring agent. A monitoring agent, which may be the local housing authority or other qualified housing entity, shall be designated by the PAA in its plan approval. In a case where the monitoring agent cannot adequately carry out its administrative duties, upon certification of this fact by the PAA or by DHCD, such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the PAA. In any event, such monitoring agent shall ensure the following, both prior to issuance of a building permit for a project within the SGOD and on a continuing basis thereafter, as the case may be:
(a)
Prices of affordable homeownership units are properly computed; rental amounts of affordable rental units are properly computed;
(b)
Income eligibility of households applying for affordable housing is properly and reliably determined;
(c)
The housing marketing and resident selection plan conform to all requirements and are properly administered;
(d)
Sales and rentals are made to eligible households chosen in accordance with the housing marketing and resident selection plan with appropriate unit size for each household being properly determined and proper preference being given; and
(e)
Affordable housing restrictions meeting the requirements of this subsection are recorded with the proper Registry of Deeds.
(3)
Submission requirements.
(a)
As part of any application for Plan approval for a project within the SGOD, the applicant must submit the following documents to the PAA and the monitoring agent:
[1]
Evidence that the project complies with the cost and eligibility requirements of § 199-10.6F(4);
[2]
Project plans that demonstrate compliance with the requirements of § 199-10.6F(5); and
[3]
A form of affordable housing restriction that satisfies the requirements of § 199-10.6F(6).
(b)
These documents in combination, to be submitted with an application for plan approval, shall include details about construction related to the provision, within the development, of units that are accessible to the disabled and appropriate for diverse populations, including, as applicable, households with children, other households, individuals, and the elderly.
(4)
Cost and eligibility requirements. Affordable housing shall comply with the following requirements:
(a)
Affordable housing required to be offered for rent or sale shall be rented or sold to and occupied only by eligible households.
(b)
For an affordable rental unit, the monthly rent payment, including utilities and parking, shall not exceed 30% of the maximum monthly income permissible for an eligible household, assuming a family size equal to the number of bedrooms in the unit plus one, unless other affordable program rent limits approved by the DHCD shall apply.
(c)
For an affordable homeownership unit, the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowners' association fees, insurance, and parking, shall not exceed 30% of the maximum monthly income permissible for an eligible household, assuming a family size equal to the number of bedrooms in the unit plus one.
(d)
Prior to the granting of any building permit for a project, the applicant must demonstrate, to the satisfaction of the monitoring agent, that the method by which such affordable rents or affordable purchase prices are computed shall be consistent with state or federal guidelines for affordability applicable to Town of Lee.
(5)
Design and construction. Units of affordable housing shall be finished housing units. Units of affordable housing shall be dispersed proportionately throughout the project of which they are part, across all buildings, floors and unit types and be comparable in initial construction quality and exterior design to the other housing units in the project. The bedroom-per-unit average for the affordable housing must be equal to or greater than the bedroom-per-unit average for the unrestricted/market-rate units.
(6)
Affordable housing restriction. Each project shall be subject to an affordable housing restriction which is recorded with the appropriate Registry of Deeds or district registry of the Land Court and which contains the following:
(a)
Specification of the term of the affordable housing restriction, which shall be no less than 30 years;
(b)
The name and address of the monitoring agent with a designation of its power to monitor and enforce the affordable housing restriction;
(c)
A description of the affordable homeownership unit, if any, by address and number of bedrooms; and a description of the overall quantity, initial unit designations, number of bedrooms and number of bedroom types of affordable rental units in a project or portion of a project which are rental. Such restriction shall apply individually to the specifically identified affordable homeownership unit and shall apply to a percentage of rental units of a rental project or the rental portion of a project with the initially designated affordable rental units identified in, and able to float subject to approval by DHCD in accordance with, the corresponding Affirmative Fair Housing Marketing Plan (AFHMP) and DHCD's AFHMP guidelines;
(d)
Reference to a housing marketing and resident selection plan to which the affordable housing is subject, and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection process. If approved by DHCD, the housing marketing and selection plan may provide for preferences in resident; the plan shall designate the household size appropriate for a unit with respect to bedroom size and provide that the preference for such unit shall be given to a household of the appropriate size;
(e)
A requirement that buyers or tenants will be selected at the initial sale or initial rental and upon all subsequent sales and rentals from a list of eligible households compiled in accordance with the housing marketing and selection plan;
(f)
Reference to the formula pursuant to which rent of a rental unit or the maximum resale price of a homeownership will be set;
(g)
A requirement that only an eligible household may reside in affordable housing and that notice of any lease of any affordable rental unit shall be given to the monitoring agent;
(h)
Provision for effective monitoring and enforcement of the terms and provisions of the affordable housing restriction by the monitoring agent;
(i)
Provision that the restriction on an affordable homeownership unit shall run in favor of the monitoring agent and/or the municipality, in a form approved by municipal counsel, and shall limit initial sale and resale to and occupancy by an eligible household;
(j)
Provision that the restriction on affordable rental units in a rental project or rental portion of a project shall run with the rental project or rental portion of a project and shall run in favor of the monitoring agent and/or the municipality, in a form approved by municipal counsel, and shall limit rental and occupancy to an eligible household;
(k)
Provision that the owner(s) or manager(s) of affordable rental unit(s) shall file an annual report to the monitoring agent, in a form specified by that agent, certifying compliance with the affordability provisions of this chapter and containing such other information as may be reasonably requested in order to ensure affordability; and
(l)
A requirement that residents in affordable housing provide such information as the monitoring Agent may reasonably request in order to ensure affordability.
(7)
Costs of housing marketing and selection plan. The housing marketing and selection plan may make provision for payment by the project applicant of reasonable costs to the monitoring agent to develop, advertise, and maintain the list of eligible households and to monitor and enforce compliance with affordability requirements.
(8)
Age restrictions. Unless voluntarily proposed or agreed to by the applicant, nothing in this subsection shall permit the imposition of restrictions on age upon projects anywhere within the SGOD. However, the PAA may, in its review of a submission under § 199-10.6F(3), allow a specific project within the SGOD designated exclusively for the elderly, persons with disabilities, or for assisted living, provided that any such project shall be in compliance with all applicable federal, state and local fair housing laws and regulations and not less than 25% of the housing units in such a restricted project shall be restricted as affordable units.
(9)
Phasing. For any project that is approved and developed in phases in accordance with § 199-10.6I(4), the percentage of affordable housing units in each phase shall be at least equal to the minimum percentage of affordable housing required under § 199-10.6F(1). Where the percentage of affordable housing is not uniform across all phases, the unit dispersal and bedroom proportionality requirements under § 199-10.6F(5) shall be applied proportionate to the affordable housing provided for in each respective phase.
G.
Dimensional and density requirements.
(1)
Table of requirements. Notwithstanding anything to the contrary in this chapter, the dimensional requirements applicable in the SGOD are as follows:
(a)
Residential density. Multifamily residential (four or more dwelling units) and mixed-use projects in the SGOD may be developed as-of-right at a minimum density of 20 dwelling units per acre of developable land. The maximum number of residential units allowed within the SGOD is 122.
(b)
Lot area, frontage, and yard setbacks.
[1]
Each project shall have:
[a]
Minimum project area: 10,000 square feet.
[b]
Minimum length of frontage: 75 feet.
[c]
Minimum front yard setback: 10 feet.
[d]
Minimum side yard setback: no requirement between buildings within a project; 10 feet between any project building and the boundary of the SGOD.
[e]
Minimum rear yard setback: no requirement between buildings within a project; 10 feet between any project building and the boundary of the SGOD.
[2]
For the purposes of this subsection, frontage and front yard setbacks shall be determined with respect to public and private streets, as well as to private ways providing similar access.
[3]
Access. Individual buildings or parcels within a project site shall have coordinated street access. There shall be not more than one driveway (curb cut) per 50 feet of frontage.
[5]
Nonresidential floor area: per § 199-10.6E(2) of this SGOD, above.
H.
Parking requirements.
(1)
The parking requirements applicable for projects within the SGOD are as follows:
(a)
Number of parking spaces. Unless otherwise approved by the PAA, the following minimum numbers of off-street parking spaces shall be provided by use, either in surface parking, within garages or other structures:
[1]
Residential project: one parking space per residential unit.
[2]
Mixed-use project: one parking space per residential unit, plus the applicable quantity computed per the table below:
Use | Minimum Parking Required |
|---|---|
Office, retail, wholesale, general service, and personal service establishments | 1 space per 300 square feet of net usable floor area |
Bakeries and artisan food or beverage producers | 1 space per employee |
Restaurants and cafes | 1 space per 3 seats |
Hotels or bed-and-breakfast establishments | 1 space per guest room |
Community, education, or recreational uses | 1 space for each 4 seats or equivalent floor area |
Light industrial uses | 1 parking space for each 2 employees, computed on the basis of the estimated maximum number of employees at any one time. |
(2)
Loading spaces. Unless otherwise approved by the PAA, one loading space shall be provided for every 20,000 gross square feet of floor area for nonresidential use. Loading spaces must be demonstrated to be of sufficient area and height to serve the intended use.
(3)
Shared parking. Notwithstanding anything to the contrary herein, the use of shared parking to fulfill parking demands noted above that occur at different times of day is strongly encouraged. Minimum parking requirements above may be reduced by the PAA through the plan approval process if the applicant can demonstrate that shared spaces will meet parking demands by using accepted methodologies (e.g., the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other approved studies).
(4)
Reduction in parking requirements. Notwithstanding anything to the contrary herein, any minimum required amount of parking may be reduced by the PAA through the plan approval process if the applicant can demonstrate that the lesser amount of parking will not cause excessive congestion, endanger public safety, or that lesser amount of parking will provide positive environmental or other benefits, taking into consideration:
(a)
The availability of surplus off-street parking in the vicinity of the use being served and/or the proximity of a bus stop or transit station;
(b)
The availability of public or commercial parking facilities in the vicinity of the use being served;
(c)
Shared use of off-street parking spaces serving other uses having peak user demands at different times;
(d)
Age or other occupancy restrictions which are likely to result in a lower level of auto usage;
(e)
Impact of the parking requirement on the physical environment of the affected lot or the adjacent lots, including reduction in green space, destruction of significant existing trees and other vegetation, destruction of existing dwelling units, or loss of pedestrian amenities along public ways; and
(f)
Such other factors as may be considered by the PAA.
(5)
Location of parking. Any surface parking lot shall, to the maximum extent feasible, be located at the rear or side of a building, relative to any principal street, public open space, or pedestrianway.
I.
Plan approval of projects: general provisions.
(1)
Plan approval. All applicants for projects proposed to be developed in accordance with this section shall submit an application for plan approval to the PAA to be reviewed for consistency with the purpose and intent of the SGOD. Such plan approval process shall be construed as an as-of-right review and approval process as required by and in accordance with the Enabling Laws.
(2)
Plan approval authority (PAA). The Planning Board, consistent with MGL c. 40R and 760 CMR 59.00, shall be the plan approval authority (the "PAA"), and it is authorized to conduct the plan approval process for purposes of reviewing project applications and issuing plan approval decisions within the SGOD.
(3)
PAA regulations. The plan approval authority may adopt administrative rules and regulations relative to plan approval. Such rules and regulations and any amendments thereof must be approved by the Department of Housing and Community Development.
(4)
Project phasing. An applicant may propose, in a plan approval submission, that a project be developed in phases, provided that the submission shows the full buildout of the project and all associated impacts as of the completion of the final phase, and subject to the approval of the PAA. Any phased project shall comply with the provisions of § 199-10.6F(9).
J.
Plan approval procedures.
(1)
Preapplication.
(a)
Prior to the submittal of a plan approval submission, a "concept plan" may be submitted to help guide the development of the definitive submission for project buildout and individual elements thereof. Such concept plan should reflect the following:
(b)
The concept plan is intended to be used as a tool for both the applicant and the PAA to ensure that the proposed project design will be consistent with the design standards and other requirements of the SGOD.
(2)
Required submittals. An application for plan approval shall be submitted to the PAA on the form provided by the PAA and approved by DHCD, and accompanied by an application fee if required, which shall be as set forth in the PAA regulations. The application shall be accompanied by such plans and documents as may be required and set forth in the PAA regulations. For any Project that is subject to the affordability requirements of § 199-10.6F, the application shall be accompanied by all materials required under § 199-10.6F(3). All site plans shall be prepared by a certified architect and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed and stamped, and drawings prepared at a scale of one inch equals 40 feet or larger, or at a scale as approved in advance by the PAA.
(3)
Filing. An applicant for plan approval shall file the required number of copies of the application form and the other required submittals as set forth in the PAA regulations with the Town Clerk and a copy of the application, including the date of filing, certified by the Town Clerk shall be filed forthwith with the PAA.
(4)
Circulation to other boards. Upon receipt of the application, the PAA shall immediately provide a copy of the application materials to the Select Board, Board of Health, Conservation Commission, Fire Department, Police Department, Building Commissioner, Department of Public Works, the monitoring agent and other municipal officers, agencies or boards for comment, and any such board, agency or officer shall provide any written comments within 60 days of its receipt of a copy of the plan and application for approval.
(5)
Hearing. The PAA shall hold a public hearing for which notice has been given as provided in MGL c. 40A, § 11. The decision of the PAA shall be made, and a written notice of the decision filed with the Town Clerk, within 120 days of the receipt of the application by the Town Clerk. The required time limits for such action may be extended by written agreement between the applicant and the PAA, with a copy of such agreement being filed in the office of the Town Clerk. Failure of the PAA to take action within said 120 days or extended time, if applicable, shall be deemed to be an approval of the plan approval application.
(6)
Peer review. The applicant shall be required to pay for reasonable consulting fees to provide peer review of the plan approval application, pursuant to MGL c. 40R, § 11(a). Such fees shall be held by the Town in a separate account and used only for expenses associated with the review of the application by outside consultants, including, but not limited to, attorneys, engineers, urban designers, housing consultants, planners, and others. Any surplus remaining after the completion of such review, including any interest accrued, shall be returned to the applicant forthwith.
K.
Plan approval decisions.
(1)
Plan approval.
(a)
Plan approval shall be granted where the PAA finds that:
[1]
The applicant has submitted the required fees and information as set forth in the PAA regulations; and
[2]
The project as described in the application meets all of the requirements and standards, including affordability requirements and design standards, and the PAA regulations, or a waiver has been granted therefrom; and
[3]
Any extraordinary adverse potential impacts of the project on nearby properties have been adequately mitigated.
(b)
For a project subject to the affordability requirements of § 199-10.6F, compliance with condition Subsection K(1)(a)[2] above shall include written confirmation by the monitoring agent that all requirements of that subsection have been satisfied. The PAA may attach conditions to the plan approval decision that are necessary to ensure substantial compliance with this article or to mitigate any extraordinary adverse potential impacts of the project on nearby properties.
(2)
Plan disapproval. A plan approval application may be disapproved only where the PAA finds that:
(a)
The applicant has not submitted the required fees and information as set forth in the regulations; or
(b)
The project as described in the application does not meet all of the requirements and standards set forth in this article and the PAA regulations, or that a requested waiver therefrom has not been granted; or
(c)
It is not possible to adequately mitigate significant adverse project impacts on nearby properties by means of suitable conditions.
(3)
Waivers. Upon the request of the applicant, the plan approval authority may waive dimensional and other requirements of § 199-10.6G, including the design standards, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the SGOD, or if it finds that such waiver will allow the project to achieve the density, affordability, mix of uses, and/or physical character allowable under this section.
(4)
Project phasing. The PAA, as a condition of any plan approval, may allow a project to be phased at the request of the applicant, or it may require a project to be phased for the purpose of coordinating its development with the construction of planned infrastructure improvements (as that term is defined under 760 CMR 59.00), or to mitigate any extraordinary adverse project impacts on nearby properties. For projects that are approved and developed in phases, unless otherwise explicitly approved, in writing, by the Department in relation to the specific project, the proportion of affordable units shall be at least equal to the minimum percentage of affordable housing required under § 199-10.6F(9). A schedule for the proposed phasing must be approved by the PAA.
(5)
Form of decision. The PAA shall issue to the applicant a copy of its decision containing the name and address of the owner, identifying the land affected, and the plans that were the subject of the decision, and certifying that a copy of the decision has been filed with the Town Clerk and that all plans referred to in the decision are on file with the PAA. If 20 days have elapsed after the decision has been filed in the office of the Town Clerk without an appeal having been filed or if such appeal, having been filed, is dismissed or denied, the Town Clerk shall so certify on a copy of the decision. If a plan is approved by reason of the failure of the PAA to timely act, the Town Clerk shall make such certification on a copy of the application. A copy of the decision or application bearing such certification shall be recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the applicant.
(6)
Validity of decision. A plan approval shall remain valid and shall run with the land indefinitely, provided that construction has commenced within two years after the decision is issued, which time shall be extended by the time required to adjudicate any appeal from such approval and which time shall also be extended if the project proponent is actively pursuing other required permits for the project or there is other good cause for the failure to commence construction, or as may be provided in a plan approval for a multiphase project.
L.
Change in plans after approval by PAA.
(1)
Minor change. After plan approval, an applicant may apply to make minor changes in a project involving minor utility or building orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall build-out or building envelope of the site, or provision of open space, number of housing units, or housing need or affordability features. Such minor changes must be submitted to the PAA on redlined prints of the approved plan, reflecting the proposed change, and on application forms provided by the PAA. The PAA may authorize such changes at any regularly scheduled meeting, without the need to hold a public hearing. The PAA shall set forth any decision to approve or deny such minor change by motion and written decision, and provide a copy to the applicant for filing with the Town Clerk.
(2)
Major change. Those changes deemed by the PAA to constitute a major change in a project because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the PAA as a new application for plan approval pursuant to § 199-10.6I through 199-10.6L.
M.
Design standards.
(1)
Adoption of design standards. The following design standards are adopted to ensure that development in the SGOD is of high quality and is compatible with the character and scale of Lee's building types and streetscapes. These design standards are not meant to limit creativity through innovative architectural design.
(2)
Terms. It should be noted that the design standards include a mixture of requirements, indicated generally by the use of the words "shall" and "must" with regard to a specific standard, and guidelines, which are more advisory in nature, and which are indicated generally by the use of the words "should" and "may." Where appropriate, the design standards may be supplemented with "acceptable" and "unacceptable" graphic examples within this subsection for illustrative purposes.
(3)
General design principles applicable to all projects.
(a)
The design standards are adopted to ensure that the physical character of projects within the SGOD:
[1]
Projects should further the purposes of the SGOD;
[2]
Buildings and materials should be consistent with or complementary to the character of the SGOD;
[3]
Development should be environmentally sustainable and should incorporate to the degree practical low-impact development techniques, energy efficiency, use of renewable energy and best practices for stormwater management;
[4]
Development should be designed to encourage pedestrian and bicycle travel to and within the site and provide a safe and aesthetically attractive pedestrian and bicycle environment;
[5]
Development should protect environmentally sensitive areas such as wetlands and the Housatonic River; and
[6]
Existing natural resources, native vegetation, and the natural topography of the site should be integrated into the site design to the greatest extent practical.
(4)
Site design standards applicable to all projects.
(a)
Existing features and systems. Sites and buildings shall be designed and constructed in such a way as to respect and retain, to the extent practicable, the existing buildings, topography, natural features, and natural systems of the area. The construction, operation, and maintenance of buildings and sites in the SGOD shall be designed to:
[1]
Minimize partial or wholesale demolition and removal of historic buildings and features;
[2]
Minimize the volume of earth/soil cut and fill;
[3]
Minimize the number of removed trees six-inch caliper or larger;
[4]
Minimize the length of removed stone walls;
[5]
Minimize the extent of stormwater flow increase from the site, soil erosion, and threat of air, light, and water pollution.
(b)
Public safety and circulation. Sites and buildings shall be designed and constructed so that accessibility and pedestrian and vehicular safety, both on the site and accessing and exiting the site, are not compromised.
[1]
The locations, dimensions, directions of travel, and construction details for streets, alleys, driveways, sidewalks, curbs, gutters, catch basins, and other structures shall maximize accessibility and pedestrian and vehicular safety.
[2]
Curb cuts, driveways, accessways and walkways between adjacent sites shall be shared to the maximum extent practicable.
[3]
Streets, alleys, driveways, emergency accessways, sidewalks, and bikeways shall be of adequate design with respect to width, lighting, visibility, and drainage in order to ensure safety to pedestrians, cyclists, and vehicular traffic.
(c)
Parking, loading, and service areas. The visibility of parking, storage, or other outdoor service areas as viewed from public ways or abutting premises shall be minimized to the extent practicable.
[1]
Fences, landscaping, or other screening features should be employed to minimize visual intrusion from surrounding land uses.
[2]
Screening features should not block visibility in and out so that areas are unsafe.
[3]
The materials, color, and height above grade of screening features should be generally consistent with, or complementary to, the existing or desired building patterns in the surrounding area.
[4]
Parking lots shall incorporate shade trees to the extent practicable. Species shall be selected in accordance with the landscaping standards of this subsection.
(d)
Landscaping. All projects shall provide landscaping as required herein to the extent practicable.
[1]
Site and building orientation and configuration shall use landscape features to shield negative views, define edges and frame streets and public spaces. No plantings shall obscure site entrances and exit drives, accessways, or road intersections or impair visibility of commercial storefronts. Landscaping shall be used to reinforce human-scaled elements of the building and site and to create outdoor spaces that are scaled comfortably for people.
[2]
Landscape strips with street trees, street trees in sidewalk tree wells or landscaped medians shall be used as is consistent with the existing landscape patterns of the location of proposed improvements. Landscaping shall be used to define the street edge if the existing pattern of building placement includes a front setback.
[3]
Landscape buffers shall be used to screen parking, loading and service areas that may be visible from public streets or open spaces. All views that could be associated with a negative impact should be screened with strategically selected and located landscape features. Screening may include architectural walls, fences or other visual barriers.
[4]
Sidewalks and crosswalks shall be a different material than the driveway and parking lots and similar in context to 3 and 76 Main Street.
(e)
Lighting and glare. Glare from headlights and site lighting, including any lights on buildings and signs, into the night sky and into adjacent properties shall be minimized. Applications for plan approval shall include detailed photometric plans and specifications of all proposed exterior lights, including height and locations of fixtures, lumen ratings, color temperature, and light source (e.g., sodium vapor, metal halide, or LED).
(f)
Stormwater and groundwater. Projects shall incorporate appropriate provisions to contain, filter, clean and infiltrate stormwater and other runoff from the site.
(g)
Signage.
[1]
General. Location and design of all signs must be included in the plans submitted to the PAA prior to the plan approval.
[a]
Exceptions. For the purposes of this section, the term "sign" shall not include:
[i]
Signs erected, posted, and maintained for public safety and welfare or pursuant to any governmental function, law, bylaw or other regulation.
[ii]
A bulletin board or similar sign not exceeding 12 square feet in display area in connection with any house of worship, museum, library, or school, provided that the top of such sign shall not be more than eight feet above ground level and provided that it is no closer than 10 feet from the public right-of-way unless attached to a building.
[iii]
Signs relating to trespassing and hunting, not exceeding two square feet.
[iv]
Any historical marker erected by a bona fide historical association or a government agency.
[b]
No sign shall be erected, displayed, altered or enlarged until an application has been filed and a permit for such action has been issued.
[2]
Sign permits.
[a]
Applications shall be on forms established by the Building Commissioner. At a minimum, all applications shall include:
[b]
Permit applications for permanent signs shall be reviewed and acted upon with 30 days of filing a complete application and submission the fee. A permit may be issued only after the following:
[i]
The PAA examines the request for a permanent sign permit and finds it in compliance with this chapter.
[ii]
The Building Commissioner determines that the sign complies or will comply with the State Building Code pertaining to signs.
[iii]
A permanent sign permit shall be valid only when signed and dated by the PAA Chairman or delegate (a board cannot sign anything) and the Building Commissioner.
[3]
Temporary signs. The Board of Selectmen shall be the issuing authority for temporary sign permits.
[a]
A permit for a temporary sign shall be issued only after the Building Commissioner determines the sign complies or will comply with the State Building Code and sends the permit application on to the Selectmen.
[5]
Illumination standards.
[a]
Internally illuminated signs are not allowed in the SGOD.
[b]
Signs within the SGOD may be externally illuminated by shielded light of constant intensity of no more than a total of 1,500 lumens.
[c]
Signs shall not be illuminated between the hours of 12:00 midnight and 6:00 a.m. unless the concern advertised is open for business.
[d]
Strings of bulbs are not permitted, except temporarily, as part of a holiday celebration. These do not require a temporary sign permit.
[e]
Any illumination provided for signs shall be white light only.
[f]
Sign illumination, decorative lighting or floodlighting shall be shielded at its source to prevent high-intensity light beams from shining onto any street, adjoining property, or into the night sky.
[g]
No sign shall be designed to attract attention by a change of intensity or illumination or by repeated motion.
[6]
Electrical wiring. Any sign containing wiring that is attached or intended to be attached to an electrical energy source shall be inspected by the Town Electrical Inspector and shall meet state code.
[a]
No signs shall have exposed electrical wires.
[7]
Enforcement.
[a]
The Board of Selectmen shall designate a Building Commissioner who is authorized to enforce this subsection. The Select Board should notify the State Outdoor Advertising Board of his/her appointment.
[b]
The Building Commissioner is authorized to order the repair or removal of any sign and supporting structure which is erected or maintained contrary to these regulations.
[8]
Fees. A schedule of sign permit fees may be established and amended from time to time by the PAA.
[9]
Maintenance and removal. Every sign shall be maintained in good structural condition at all times.
[a]
The Building Commissioner shall have the authority to inspect and to order the painting, repair, alteration or removal of a sign which constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolescence.
[b]
Any sign which has been ordered removed by the Building Commissioner or is abandoned or discontinued shall be removed by the person, firm or corporation responsible for his, her or its sign within 20 days of the written notice to remove.
[c]
The Building Commissioner shall cause to be removed any sign that endangers the public safety, such as an abandoned, dangerous or materially, electrically or structurally defective sign, or a sign for which no permit has been issued.
[d]
The Building Commissioner shall prepare a notice which shall describe the sign and specify the violation involved and which shall state that if the sign is not removed or the violation is not corrected or appealed within 20 days, the sign shall be removed in accordance with the provisions of this section.
[e]
All notices mailed to sign owners or property owners by the Building Commissioner shall be sent by certified mail.
[f]
Any time periods provided in this section shall be deemed to commence on the date of the receipt of the certified mail.
[g]
Any person having an interest in the sign or the property may appeal the determination of the Building Commissioner ordering removal or compliance by filing a written notice of appeal with the Lee Zoning Board of Appeals within 30 days. The Zoning Board of Appeals shall hold a hearing in order to determine if the Building Commissioner's order of removal or compliance should be enforced. (See § 199-13.2.)
[10]
Signs prohibited in the SGOD:
[a]
Billboards.
[b]
Freestanding signs, except business center signs and directory signs.
[c]
Roof signs or signs placed on the eaves of buildings.
[d]
Any sign for which the highest point would be greater than 15 feet above the ground.
[e]
Off-premises signs, with the exception of business center signs and directory signs.
[f]
Flashing signs, signs containing moving parts, or noisemaking signs or devices.
[g]
Signs containing reflective elements.
[h]
Sandwich board signs.
[i]
Streamers, pennants, ribbons, banners, spinners, inflatable signs, or other similar devices.
[j]
Exceptions include grand openings and special, charitable, or civic events for which a temporary permit has been granted by the Board of Selectmen. These temporary signs shall be permitted for a maximum of 10 days. Decorations for designated state and national holidays are exempt from requiring temporary sign permits as long as they are not deemed a public nuisance or hazard by the Building Commissioner.
[k]
Flags other than appropriately flown flags of the United States of America or Commonwealth of Massachusetts.
[l]
Signs, except for traffic, regulatory or informational signs, that use the words "stop," "caution," "yield," or "danger," incorporate red, amber or green lights resembling traffic signals, or resemble traffic signs in shape and/or color.
[m]
Signs obstructing traffic sight lines for drivers or pedestrians.
[n]
Trailer style movable signs or vehicles used primarily or intentionally as signs.
[11]
Signs permitted by right in the SGOD. All signs described as by right in § 199-7.4A are allowed in the SGOD. In addition:
[a]
Awning signs: limited to lettering on the valence of a ground floor awning which names the business only. The letters shall not exceed eight inches in height.
[b]
Address signs. Each business may have, on its building wall, a street number corresponding to its physical address. These are limited to eight inches in maximum height. As an alternative to a building wall sign, the street number may be placed on an awning valance in addition to the business name.
[c]
Window display signs.
[i]
Window display signs of the exposed-gaseous-tube type shall not exceed 25% of the total glass area of the window in which they are displayed.
[ii]
Flashing signs or those giving the impression of motion are prohibited.
[iii]
Permanent display signs hung inside windows shall be made of clear materials, such as acrylic, with lettering painted or printed on them or applied to them.
[iv]
Window display signs which are painted on, incorporated into, or affixed to the window, with the purpose or effect of identifying the business located within, are not to exceed 25% of the total glass area.
[12]
Signs allowed by permit in the SGOD.
[a]
Business sign as part of a business center sign. The developer or association of owners of the SGOD are allowed one freestanding sign at the entrance to the facility bearing the official name of the facility. At its discretion, the PAA may allow a second entrance sign bearing the facility name and the names of the businesses within. The placement of these signs shall be approved by the PAA in consultation with the Lee Police Chief. These signs may be single- or double-sided.
[i]
A sign indicating only the name of the SGOD business center may not exceed 20 square feet.
[ii]
A sign including both the SGOD business center name and the names of the individual businesses within shall not exceed 64 square feet in total area, of which the portion identifying the common SGOD business center shall not exceed 16 square feet.
[iii]
Individual business signs mounted on the SGOD business center sign shall not exceed eight square feet.
[iv]
All signs included on a common SGOD business center sign shall be similar with regard to material, coloring, lighting, lettering, and other characteristics.
[v]
Where an SGOD business center sign exists, no other freestanding sign is allowed along the road frontage of the SGOD.
[b]
Directory signs. Directory sign boards and informational signs must be approved by the PAA. Issues such as size, shape, color, placement and all other relevant issues will be reviewed with the Police and Fire Departments and the Building Commissioner. Directory signboards may display on-site business names and residential addresses with directional arrows. Directory board signs shall not exceed 20 square feet.
[i]
Wall signs. On each building, a separate sign is allowed for each business within that building. Each sign shall not exceed two square feet for each linear foot of the face building but shall not exceed an overall size of 40 square feet.
[ii]
Rear signs. One sign, no greater than one foot by eight feet, will be allowed on the rear wall of each building, identifying each business within the building.
[iii]
Corner lots. Business buildings on corner lots may have two building signs, one sign on the building facing each way. The square footage of each sign shall not exceed two square feet for each linear foot of the face of the building on which it is mounted. The total square footage of the larger sign shall not exceed 40 square feet, and the second sign shall not exceed 20 square feet.
[iv]
Projecting signs. Signs identifying the name of the businesses which are two-sided and installed at a right angle to the building facade may be substituted for a wall sign. They shall not exceed six square feet. They must be placed at least eight feet above the pedestrianway and may not project more than three feet from the building facade. The signs shall be securely mounted to the building in a manner meeting build code and approved by the Building Commissioner.
[v]
Accessory signs. The accessory sign shall be mounted on the same wall as the primary business sign and display a message that is standard to the industry, such as (but not limited to) "vacancy/no vacancy," "open/closed," "dinner being served," "credit card," "AAA." The total area of all accessory signs associated with any primary business sign shall not exceed six square feet. When application for an accessory sign is made in conjunction with a wall sign, no additional fees shall be charged for the accessory sign.
[vi]
Menu boards. An eating establishment may have a wall-mounted menu board sign in addition to a primary wall sign. The sign shall have a total area not exceeding six square feet. The sign must be mounted flat on a wall and not protrude into the pedestrianway.
(5)
Building design standards.
(a)
Applicable to all projects.
[1]
Relationship to historic architecture and context. Any existing buildings in the SGOD at the time of adoption of the SGOD shall be retained unless it is satisfactorily demonstrated to the PAA that renovation and reuse are infeasible, unless otherwise determined by the National Park Service or Massachusetts Historical Commission. The renovation of existing buildings should retain recognizable features that distinguish the architectural styles and character of the industrial heritage of the site, while providing compatible and contemporary improvements associated with the adaptive reuse of these structures.
[2]
Scale and proportions. New buildings shall be designed to be contextual with other buildings in the vicinity, as follows:
[a]
Height of new buildings shall be within one story of other buildings on the site and abutting properties, but shall not exceed the maximum heights allowed in the SGOD. The apparent height may be altered by the use of sloping roofs, gables, fenestration, and exterior architectural details.
[b]
Unbroken facades of longer than 100 feet shall be avoided.
[c]
The architecture facing a public street or publicly accessible space should exhibit a human scale of detail.
[3]
Materials. Exterior materials of new and renovated buildings shall be contextual or complementary to existing historic buildings on-site or to historic buildings between 3 and 76 Main Street. A combination of traditional and modern materials and variations of color and texture shall be used to reference both the historic and new building types.
N.
Severability. If any provision of this section is found to be invalid by a court of competent jurisdiction, the remainder of this section shall not be affected but shall remain in full force. The invalidity of any provision of this section shall not affect the validity of the remainder of this chapter.
O.
Administration, enforcement and appeals. The provisions of this section shall be administered by the Building Commissioner, except as otherwise provided herein. Any legal appeal arising out of a plan approval decision by the PAA under §§ 199-10.6I through 199-10.6L shall be governed by the applicable provisions of MGL c. 40R. Any other request for enforcement or appeal arising under this section shall be governed by the applicable provisions of MGL c. 40A.