Littleton City Zoning Code
ARTICLE XVIII
Major Commercial or Industrial Use
§ 173-86 Classification.
Industrial or commercial activities are to be classified as "major" if one or more of the following thresholds will be exceeded on the aggregate for all activities on the lot:
A.
More than 30,000 square feet gross floor area in retail use, or more than 50,000 square feet gross floor area in any other nonresidential use or combination of nonresidential uses.
B.
Sewage disposal of more than 10,000 gallons per day, based upon sewage flow estimates in 310 CMR 15.00, Title 5 of the State Environmental Code.
C.
More than 1,000 estimated motor vehicles trip ends [one (1) arrival or one departure] for an average business day, based upon either the Institute of Traffic Engineers Trip Generation or an engineering study of the activity.
§ 173-87 Use regulations.
A.
Major commercial-or industrial use may be authorized only at locations where the type of use would, if not categorized "major," be permitted by right or could be allowed on special permit A special permit for major commercial or industrial use is to be acted on in lieu of special permits otherwise required under § 173-26, but not in lieu of others, such as those required under Article XIV, Aquifer and Water Resource District. Any special permit requirements under this section may be waived by the special permit granting authority, if a special permit required under another section of this chapter regulates the same characteristics of the activity.
B.
Construction of facilities which could accommodate a major commercial or industrial use, whether through new construction or expansion or alteration of existing facilities, requires a special permit under § 173-7 unless such change is consistent with a previously authorized special permit.
C.
Any commercial or industrial use which qualifies as a major commercial or industrial use, as defined under § 173-86, and is equal to or more than 60,000 square feet gross floor area in retail use, shall require concept plan approval, as defined under § 173-2, prior to being acted upon for special permit approval. Town Meeting concept plan approval may be made with conditions or limitations. Special permit approval shall not be given by the Planning Board unless the proposal is determined to be consistent with the approved concept plan and the remaining requirements of Article XVIII.
[Added 5-5-2007 ATM, Art. 14]
§ 173-88 Special permit for major commercial and industrial uses.
A.
Submittals. In applying for a special permit for major commercial or industrial uses, the following materials shall be submitted, unless omissions of materials deemed unnecessary are authorized by the special permit granting authority prior to application:
(2)
Building floor plans, architectural elevations, and if important for understanding, sections through the building and site (all of which may be at a preliminary level of development).
(3)
If more than 1,000 trip ends are projected, analysis of sight distances in both directions, and capacity and hazards analysis of each ingress and egress point and each intersection where this development is likely to increase traffic by 10% or more on any of the intersecting ways.
(4)
If more than 10,000 gallons per day of sewage disposal are projected, analysis of impact on ground- and surface water quality.
(5)
A plan as recommended by the water quality engineer, indicating location of appropriate monitoring wells, if required by the special permit granting authority.
B.
Decision considerations. Special permits for major commercial or industrial uses shall be granted only if the special permit granting authority determines that the criteria of § 173-7C are met, after consideration of the following, among other things:
(1)
Roads, water, and drainage facilities as existing, or as committed by the Town or the applicant to be improved, and their ability to serve this proposal adequately and safely without material deterioration in service to other locations.
(2)
Degree of assurance that no planned process or unplanned contingency will result in undue hazard or contamination of air, land, or water resources.
(3)
Visual compatibility with the vicinity, including consideration of site arrangement, consistency in architectural scale (or reasonability of departure), retention of existing site features, especially trees, and architectural character.
(4)
Degree of threat to environmental resources, including loss of valuable trees and other vegetation, disturbance to habitats, and soil loss through erosion.
(5)
Buffering and screening from any nearby uses of different character.
C.
Major projects.
[Added 5-5-2007 ATM, Art. 14]
(1)
A schematic development plan, indicating the location of the boundaries of the lot, buildings, roads, drives, parking, reserved open space, wells, on-site disposal facilities, drainage system, topography and grading, areas of retained vegetation and planting areas.
(2)
Floor plans and architectural elevations of all planned structures and any existing structures.
(3)
Materials indicating the proposed maximum number of square feet of gross floor area for each category of land use (See § 218-13, Schedule of Use Regulations); analysis supporting the demand for such use, indicating the anticipated market area and the anticipated Littleton market share; methods of water supply and sewage disposal; time schedule for construction of units and improvements; service improvements proposed to be at the developer's expense and those anticipated at the Town's expense; and means, if any, of providing for design control.
(4)
Analysis of the consequence of the proposed development, evaluating the following impacts at a level of detail appropriate to the scale of the development proposed:
a.
Natural environment: groundwater and surface water quality, groundwater level, stream flow, erosion and siltation prevention measures, vegetation removal (especially unusual species and mature trees) and wildlife habitats.
b.
Public services: traffic safety and congestion, need for water system improvements, need for additional public recreational facilities and need for additional school facilities.
c.
Economics: municipal costs and revenues, local business activity and local jobs.
d.
Visual environment: visibility of buildings and parking and visual consistency with existing development in the area.
§ 173-89 Master planned developments.
A.
A master plan for development of premises comprising 25 or more acres may, at the owner's option, be submitted for approval as a major commercial or industrial use. Following approval of such a plan, individual proposals on lots within those premises will not be subject to review as major commercial or industrial uses, regardless of relationship to the thresholds of § 173-86, provided that the Planning Board, in performing site plan review, determines that the proposal is consistent with the approved master plan, which means:
B.
Submittals. In applying for master plan approval, the following materials shall be submitted.
(1)
A schematic development plan, indicating boundaries of the premises, topography, wetlands and water bodies, roads, pedestrian circulation, and utilities, and illustrative building locations.
(2)
A site landscaping plan, indicating buffer areas to be maintained in natural landscaping; areas to be kept free of parking, storage or service yards; areas to be kept free of buildings; and proposed landscaping.
(3)
Materials indicating the maximum floor area to be developed in each category of use in the entire development; the time schedule for development; off-site service improvements to roads, utilities or drainage necessitated by the completed development; and proposed means by which those improvements are to be carried out and financed.
(4)
Traffic impact analysis, including sight distance analysis at all intersections of proposed roads or driveways with existing roads, capacity analysis at each intersection substantially impacted by project traffic and review of potential hazards owing to inadequate street width, alignment or visibility on servicing roads.
(5)
Water quality impact analysis, including impacts on any affected public or private groundwater supplies and on nutrient loading of impacted water bodies.
(6)
Water supply impact analysis, including adequacy of supply, distribution, and storage.
C.
Decision considerations. Decision considerations for approval of a development master plan shall be those of § 173-88B.
D.
Expiration. Submittal of a definitive subdivision plan, arm's length conveyance of one or more lots, or completed application for a building permit for a principal building shall constitute substantial use of a special permit for a development master plan, precluding its expiration under § 173-7E.