All uses within an Office Park and Light Industrial (OPLI) District are subject to a site plan approval in accordance with § 199-13.3.

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.

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.

Access. The number of curb cuts on state and local roads shall be minimized.

Road standards. See Chapter 241, Subdivision of Land, of the Code of the Town of Lee.

Landscaping.

Parking.

Signs and sign illumination.

To provide an attractive setting for large commercial retail and/or office or institutional structures in a village atmosphere.

To promote job creation along with growth in the Town's tax base.

To maximize the use of the site's natural characteristics.

To maintain aesthetic sensitivity and compatibility with the surrounding community.

To minimize the overall impact of development on the immediate environment, neighborhood and community.

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.

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.

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]

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.

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.

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.

The development shall be served by a public water and sewer system.

All development in the PCVC District must comply with the commercial development and environmental performance standards of Article XII.

Access standards. The number of curb cuts on state and local roads shall be minimized.

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.

Landscaping. A coordinated landscape design for the entire development shall be reviewed and approved by the Planning Board.

All garbage and trash receptacles will be enclosed, concealed and sealed at all times.

Fencing. Wherever deemed necessary for safety purposes, a minimum seven-foot-high fence shall be erected as specified by the Planning Board.

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:

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.

Signage authority. In the event that the provisions of this section conflict with any of the provisions in Article VII, the provisions of this section shall apply.

The following signs shall be allowed by permit within the Planned Commercial Village Center:

The following signs shall be allowed by right within the Planned Commercial Village Center and do not require a permit:

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.

The following signs will not be permitted:

The administration and enforcement of this section shall be governed by Article XIII.

An undue economic hardship for the property owner would result from failure to grant a building permit.

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.

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.

By special permit granted under § 199-13.4, the Planning Board may approve a development or redevelopment project comprising one or more lots in the DCBC. Within that project:

Any project obtaining a special permit under this section shall not be subject to any other provisions of § 199-10.6.

Encourage the revitalization of existing buildings to benefit the general health and welfare of our residents and the region;

Promote the economic health and vitality of the Town by encouraging the preservation, reuse, renovation, and repurposing of underutilized historic structures where applicable;

Maintain a consistently high level of design quality;

Establish requirements, standards, and guidelines, and ensure predictable, fair and cost-effective effective development review and permitting;

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.

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.

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.

Mixed-use development projects. A mixed-use development project within the SGOD may include:

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.

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.

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:

Submission requirements.

Cost and eligibility requirements. Affordable housing shall comply with the following requirements:

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.

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:

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.

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.

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.

No waiver. Notwithstanding anything to the contrary herein, the affordability provisions in this § 199-10.6F shall not be waived unless expressly approved in writing by DHCD.

Table of requirements. Notwithstanding anything to the contrary in this chapter, the dimensional requirements applicable in the SGOD are as follows:

The parking requirements applicable for projects within the SGOD are as follows:

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.

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).

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:

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.

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.

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.

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.

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).

Preapplication.

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.

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.

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.

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.

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.

Plan approval.

Plan disapproval. A plan approval application may be disapproved only where the PAA finds that:

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.

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.

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.

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.

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.

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.

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.

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.

General design principles applicable to all projects.

Site design standards applicable to all projects.

Building design standards.