4.0.1

[Requirements]. No building or structure in any district shall be located, constructed, changed, enlarged, or permitted, and no use of premises or land in any district shall be permitted which does not conform to the density and dimensional regulations as set forth herein.

4.0.2

Reduction of open space. No lot on which is located any building used for residence purpose in any district shall be changed or reduced in area or shape so that it does not conform to the provisions of this bylaw. This does not apply in the case of a lot, a portion of which is take for public use.

4.0.3

Lots on narrow streets. In case of lots fronting on a street less than 50 feet in width, the required front yard shall be increased by one-half the difference between 50 feet and the actual width of the street.

4.0.4

Lots of less than the required width or area. On lots of less than the required width or area for the district in which they are located and which have been duly recorded by plan or deed, or assessed as separate parcels before the date of adoption of this bylaw, the lot area and width requirements need not apply. Any lot on which more than one house existed at the time, may be divided and sold to separate owners. See also M.G.L. chapter 40A, section 6.

4.0.5

[Number of residences]. Only one residence building may be erected hereafter on any one lot, except as allowed in the residence B and agriculture: moderate density districts.

4.0.6

[On-site water and sewer]. Any new building lot which has an on-site potable water supply and an on-site sewerage disposal system, shall have a minimum of one acre in order to comply with title V.

4.0.7

Front yards. With the exception of subdivisions, buildings or structures need to be located only as far back from the street as the average of the front yard depths of the buildings or structures nearest on either side and within the same block and district, or within 500 feet, whichever is the lesser distance.

4.0.8

Corner lots. In any residence district, agriculture, or agriculture moderate density district, the buildings or structures on lots having frontage on two streets may only be located as near to the street lines as the minimum front yard depths required on each street, except that the buildable width of such lot need not be reduced to less than 26 feet. No accessory building on a corner lot need be placed further from the street line than the front yard depth provisions for the district.

4.0.9

Projections. Nothing in this bylaw shall prevent the projection of steps, eaves, cornices, window sills, or belt courses into any required yard.

4.0.10

Reduction of required open space. No yard, lot area, or other open space required for a building by this bylaw shall, during the existence of such building, be occupied by or counted as open space for another building. No lot or area shall be so reduced or diminished that the yards or other open space shall be smaller than prescribed by this bylaw.

4.0.11

Height provisions.

a.

All building heights must comply with the state building code.

b.

A building in the industrial C district shall not exceed the height standards of the Federal Aviation Administration regulations.

c.

Exceptions. The height provisions of this bylaw shall not apply to such structures as belfries, chimneys, flags, television or radio poles, windmills, silos, barns, elevator enclosures, water tanks, scenery lofts, bulkheads, and similar structures not used for residence purposes.

d.

Accessory buildings or structures, including private garages, shall not exceed 17 feet in height, for a one-story building. A two-story accessory building shall not exceed 25 feet in height.

4.0.12

Buffer strips. Buffer strips are required for any parcel in a business (BA, BB) or industrial district. See table 3 for buffer strip standards.

a.

The planning board may require a buffer area in any business district, agriculture moderate density overlay district, or industrial district which abuts a residential lot. Said buffer area may not exceed 25 feet or one-third of the lot dimension abutting the residential area, whichever is smaller.

(10-3-1994 STM; October 1997 STM; 10-7-2002 STM; 10-3-2005 STM; 10-2-2006 STM)

The following information relates to specific requirements which are not conveyed through the table of dimensional regulations.

4.1.1

Residence B district requirements.

a.

Only ten units per acre may be constructed and a multiple dwelling shall contain no more than 20 units. The balance of the lot not used for dwelling or parking shall be suitably planned, landscaped (see table 3) and maintained.

b.

Deleted 5-8-2006.

c.

A paved off-street parking space must be provided. The balance of the lot not used for buildings, driveways, recreation facilities, or parking space shall be suitably landscaped and maintained (see table 3).

d.

Garage space may be provided for the use of the occupants of the project for the storage of passenger vehicles only, either within the principal buildings or in accessory garage buildings.

e.

The laying out and construction of access ways shall comply with the subdivision rules and regulations in effect at the time.

4.1.2

Business A and business B district dimension requirements for pre-existing non-conforming uses. Side yard: ten feet or within 15 feet of another building unless a party or fire wall is provided.

4.1.3

Deleted.

4.1.4

Industrial C districts. Site plan showing on-site parking arrangements and driveway entrances must be approved by the planning board before a building permit can be issued.

(10-6-2008 STM; 10-4-2021 STM)

Defeated at town meeting 10-3-1994.

Planned business developments shall be permitted in the business A and business B districts only upon issuance of a special permit with site plan review from the special permit granting authority.

4.3.1

General description. A planned business development shall mean a development constructed on a lot or lots under single or consolidated ownership at the time of application, planned, developed, operated, and maintained as a single entity containing one or more structures to accommodate retail or service uses. Planned Business Developments are permitted a reduction in the parking requirements contained in section 6.4.2 of off-street parking regulations provided that the special permit and site plan review requirements of this bylaw are met as well as additional requirements herein specified.

4.3.2

Uses allowed by special permit. Uses permitted by special permit with site plan review in a planned business development shall be limited to the following:

a.

Retail establishments selling principally convenience goods including but not limited to food, drugs, and proprietary goods.

b.

Retail establishments selling general merchandise, including but not limited to dry goods, apparel, and accessories, furniture and home equipment, small wares and hardware, and including discount and limited price variety stores.

c.

Eating and drinking places not including drive-in establishments.

d.

Drive-in eating establishments.

e.

Sales by vending machines as a principal use.

f.

Establishments selling new and/or used automobiles and trucks, new automobile tires and other accessories, aircraft, boats, motorcycles, and household trailers.

g.

Motel.

h.

Personal and consumer service establishment.

i.

Membership club.

j.

Professional and business offices and services.

k.

Automotive repair, automobile service station or garage (not including a junkyard or open storage of abandoned automobiles or other vehicles).

l.

Miscellaneous business repair services.

m.

Amusement and recreation service, outdoor.

n.

Amusement and recreation service, indoor.

4.3.3

Dimensional.

a.

All uses in a planned business development shall be in conformity with the dimensional and density regulations set forth in the planned business development table of dimensional regulations:

b.

Uses shall be contained in one continuous building except that groupings of buildings may be allowed by special permit of the board where such groupings are consistent with the safety of the users of the development and are further consistent with the overall intent of this section; the development shall be served by one common parking area, exit, and entrance.

c.

High-volume traffic generating uses, (uses that have a trip generation rate of 700 vehicles per day or more,) are restricted to a total of only 20 percent of the gross floor area of a building. These uses include, but are not limited to, fast-food restaurants, service stations, convenience markets, and automatic teller bank machines. Unless the applicant provides data from existing uses, the Institute for Transportation Engineers' publication, Trip Generation, shall be used to calculate the number of vehicle trips per day for proposed uses. Building permits for additional high-volume traffic generators will not be issued once the 20 percent threshold has been reached.

d.

The screening and buffer requirements for industrial or business districts apply to planned business developments.

4.3.4

Additional planned business development requirements. In addition to the special permit and site plan review requirements of this bylaw, the development must conform to the following:

a.

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

b.

The development shall be served by one common parking area and by common exit and entrance areas.

c.

A reduction in parking space requirements is permitted for a planned business development.

Reduction in parking space requirements shall not exceed more than ten percent of those required under normal application of requirements for the particular uses proposed.

d.

Except for the permitted parking space reduction, the planned business development shall comply with the off-street parking and loading regulations contained in section 6.4.2 of this bylaw. In addition, the development must comply with the following:

1.

Parking areas shall be located to the side or rear of the structure. No parking shall be permitted within the required front yard of a structure.

2.

Notwithstanding other screening and landscape requirements set forth elsewhere in the bylaw, all front and side yards shall be landscaped. Such landscaping shall include, but not necessarily be limited to, the planting of grass, ground cover, flower beds, shrubs, hedge, or trees. All landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance, and free of refuse and debris. All plantings shall be arranged and maintained so as not to obscure the vision of traffic.

3.

Street frontages shall include shade trees and there shall be trees planted for every 30 feet of street frontage, using trees no less than 2.5-inch caliper at the time of installation. In the case of an uncleared site, existing vegetation can be preserved to achieve said objective.

4.

When a parking lot is located adjacent to a public right-of-way, at least a ten-foot wide landscaped area between the right-of-way and the parking lot shall be provided. This area shall be landscaped with one shade or ornamental tree planted every 40 feet along the right-of-way.

5.

For interior parking lot areas at least two of the gross area of the vehicular use area shall be landscaped. Developed areas shall be a minimum of nine feet in width. One shade tree for every 15 parking spaces is required in parking lots of over 20 parking spaces.

6.

Failure to maintain landscaping shall be grounds to revoke parking lot approval and the approval for the principal use which the parking lot serves.

7.

Loading and unloading facilities shall be located in a manner so as not to be visible from the street frontage. In addition, such facilities shall be screened from public view from any side streets abutting the lot on which the building is located.

e.

A traffic impact statement is required for all planned business development.

4.3.5

Application for a planned business development.

a.

The applicant must comply with the application requirements of M.G.L. chapter 40A, section 9. Where the site plan constitutes a subdivision, the development shall be subject to planning board approval under the subdivision control law.

b.

The applicant shall provide the town with a performance guarantee if the development requires subdivision. The performance guarantee is subject to approval from the planning board and shall be in the form of (a) a covenant covenanting that before any lot is built upon or conveyed, all roads and utilities shall be built and approved by the planning board; or (b) performance bond or surety. In the case of (b), the applicant shall complete all the required improvements at least nine months prior to the expiration date of the financial performance guarantee so that the town will have time to draw upon said funds and complete the unfinished work.

(10-3-1994 STM)

Development contained on a single parcel or adjoining parcels that includes different and complimentary uses (both residential and non-residential) and which provide for a variety of residential and business activities throughout the day.

4.4.1

General provisions.

a.

The purpose of the mill redevelopment district (MRD) is to provide for large-scale developments of at least 50 acres gross which are master-planned with flexibility within the bounds of a district and which require a minimum of three separate permitted land uses situated in locations favorable to the accommodation of such developments. The district, while originally owned by one entity, may during development phases be subdivided into smaller lots for specific uses allowed within the district or for conveyance purposes. Consistent with this purpose, uses in a mill redevelopment district shall be subject to the following provisions, in addition to those contained elsewhere in this chapter.

b.

Development shall be guided by an approved district comprehensive plan and through the use of a streamlined site plan review process.

c.

By the use of the public review and planning powers, the provisions of this section are also intended to do the following:

1.

Help create major mixed-use areas in planned locations at appropriate densities, heights and mixtures of uses.

2.

Encourage the preservation and rehabilitation of structures of historic merit in the district.

3.

Encourage areas devoted primarily to pedestrians by separating pedestrian and vehicular circulation patterns and by requiring off-street parking spaces in accordance with this objective.

4.

Encourage flexibility in architectural design and building bulk, provided that the designs and building bulk shall be compatible and harmonious with adjoining development over the district as a whole.

5.

Make recreation areas more accessible to the district's residents and visitors.

6.

In a variety of ways, create environments conducive to a higher quality of life and environment for residents, businesses, employees and institutions in the town, thereby promoting and protecting the public health, safety, convenience, order, prosperity and general welfare of the community both within and outside of the mill redevelopment district.

d.

All development activity within the MRD shall be subject to and conform with the applicable requirements of the subdivision control law in effect in the Commonwealth of Massachusetts, Mass. G.L. chapter 41, sections 81(k) to 81(gg), inclusive, and the town subdivision rules and regulations.

4.4.2

Authority. The planning board shall act as the MRD comprehensive plan—special permit granting authority for any development proposal requiring a special permit subject to section 7.0.2.

4.4.3

Allowable uses. The only uses allowed in the mill redevelopment district shall be those uses listed in the table of principal uses, sections 3.2.2, and the following uses, which shall also be allowed as a matter of right in the MRD, subject to the provisions of this section 4.4 relating to mill redevelopment districts and all other applicable provisions of the zoning by-law:

a.

Dwellings or multiple dwellings including multi-family. The number of dwelling units approved under the comprehensive plan shall be limited to 250 units, except that the planning board, in its discretion, may approve additional units provided that the planning board determines that to do so will not have an adverse impact, economic or otherwise, upon the neighborhood or upon the town.

b.

Community centers that may serve the social, religious, and recreational needs of residents and employees of the MRD and neighboring areas.

c.

Private trades, businesses, professional or technical schools or colleges or other educational institutions or uses.

d.

Artist's studio.

e.

Private or public theaters.

f.

Recreational buildings, fitness centers, indoor or outdoor athletic fields, or multi-purpose recreational uses.

g.

Parks or open spaces.

h.

Biotechnology manufacturing uses.

i.

Outpatient or inpatient hospitals, rehabilitation hospitals, surgical centers or medical facilities.

j.

Nursing homes or congregate-care or life-care facilities.

k.

Medical office buildings, clinics or testing laboratories.

l.

Business, commercial or office buildings with or without dwellings above the first floor.

m.

Call centers, data centers, or uses dedicated to housing computers, computer servers, or telecommunications equipment including cellular telephone antennas.

n.

Research facilities in the MRD district shall be exempt from the requirements of subsection 3.3.1(a).

o.

Ground mounted and rooftop mounted solar panel installations.

4.4.4

Multiple uses in the same structure. Within the MRD district there shall be no restriction on combining different categories of use within the same building other than those imposed by the state building code or other federal, state or local regulations other than the zoning by-law.

4.4.5

Open space requirements.

a.

Definition of open space. For purposes of this section 4.4, open space shall mean a portion of a lot or other area of land associated with or adjacent to a building or group of buildings in relation to which it serves to provide light and air, or scenic, recreational or similar purposes. Such space shall, in general, be available for entry and use by the occupants of the building(s) with which it is associated, and at times to the general public, but may include a limited proportion of space so located and treated as to enhance the amenity of development by providing landscaping features, screening or buffering for the occupants or neighbors or a general appearance of openness. Open space shall include parks, plazas, lawns, landscaped areas, decorative plantings, pedestrian ways, active and passive recreational areas, including playgrounds, swimming pools, and undisturbed woodlands. Streets, parking lots, driveways, service roads, loading areas, and areas normally inaccessible to pedestrian circulation beneath pedestrian bridges, decks or shopping bridges shall not be counted in determining required open space.

b.

Mill redevelopment district public open space requirement. A minimum of five percent of the land area in an approved MRD comprehensive plan shall be reserved or designated as open space. No development shall be allowed which would reduce open space in an approved MRD comprehensive plan below five percent of the total land area.

4.4.6

Comprehensive plan required. Each comprehensive plan for an MRD shall be approved pursuant to a special permit issued by the planning board as provided in section 4.4.7 below. Any proposal for development or redevelopment of property under this section shall require the submittal of an application for a special permit that constitutes approval of an MRD comprehensive plan. The application for approval of a comprehensive plan shall include the following elements:

a.

A narrative and graphic description of existing conditions including, at a minimum:

1.

Existing buildings and their uses.

2.

Natural and man-made site features.

3.

Utilities.

4.

Traffic and circulation patterns.

5.

Underground features such as tanks and soil conditions.

b.

A narrative and graphic description of the proposed development that meets the requirements set forth in this bylaw including the following:

1.

Buildings to be restored, rehabilitated, or constructed.

2.

Buildings to be removed.

3.

Proposed uses including the density or intensity of each proposed use.

4.

Proposed internal and external traffic and circulation patterns.

5.

Proposed parking needs, including provisions for shared parking between uses, if applicable.

6.

Proposed utilities including water, sewer, electrical and communications service, storm water, and solid waste containment and disposal.

7.

Proposed landscaping and signage features.

8.

Proposed open space.

c.

An analysis of impacts associated with the proposed development, including, at a minimum:

1.

A traffic study showing the impact of the proposed development on the surrounding area. The traffic study shall include existing and expected volumes at build-out, the expected directional distribution of vehicles to and from the site, and existing and expected levels of service at major intersections determined by the planning board to be impacted by the project. The traffic study counts and the mitigation measures required as part of an environmental impact report (EIR) under the MEPA process associated with the proposed development will be deemed sufficient and acceptable for purposes of this impact analysis.

2.

A wetlands and flood analysis showing the disposition of on-site storm water and its impacts on properties located downstream of the site. If a study was prepared as part of an EIR under the MEPA process, then the criteria under this section taken into combined account with the mitigation measures required under MEPA will be satisfied.

3.

Impacts upon the delivery of public services, including schools, public safety, municipal utilities.

4.

Impacts upon historic properties or districts, if any. If such a study was prepared as part of an environmental impact report under the MEPA process, it shall be deemed as sufficient to satisfy this requirement.

5.

Potential property taxes and other revenues that may be generated by the project.

4.4.7

Application process and requirements.

(1)

A comprehensive plan for a mill redevelopment district (MRD) shall be approved through the submission of an application for the issuance of a special permit by the planning board. The issuance of the special permit shall constitute the approval of the comprehensive plan for the MRD that is the subject of the application for a special permit.

(2)

For the purpose of streamlining the permitting process, the planning board shall follow the provisions of MGL chapter 43D if applicable.

(3)

Prior to submittal of a formal application and to minimize expense and delay for the applicant, the planning board shall request the presentation of informal drawings of the comprehensive plan for the MRD at a regular meeting of the board. The board and the applicant may review such informal drawings, without prejudice, to identify potential areas of concern and agreement. This meeting shall not be advertised as a formal public hearing and no vote of planning board shall take place.

4.4.8

Review criteria. The planning board shall review and act upon an application for a special permit approving a comprehensive plan in accordance with section 7.0.4 (special permit) of this bylaw.

4.4.9

Procedural steps. The planning board, in its discretion, may require that the applicant engage the services of consultants or professional engineers to review and provide opinions as to the adequacy of proposed infrastructure, systems, and mitigation measures presented by the applicant. The planning board shall maintain a list of qualified consultants or professional engineers whose work is acceptable and the actual consultant or professional engineer shall be selected from this list by the applicant. The consultant or professional engineer shall be provided with a detailed scope of services for the review by the planning board and shall submit a fixed fee for the services for approval by the planning board and the applicant. The applicant shall be responsible for the payment of the agreed upon fee at the time of delivery of the consultant's report. The planning board may accept or reject the opinion and advice of the consultant or professional engineer if it concludes that to do so is in the best interest of the town.

4.4.10

Site plan approval process.

a.

Following the issuance of a special permit for a MRD comprehensive plan but prior to issuance of a building permit for each particular project in the mill redevelopment district that consists of the construction of a new structure, the project proponent shall receive site plan approval/disapproval from the administrative review committee. The administrative review committee shall have as its voting members the following:

1.

The director of public works, and one member or designee of the board of public works.

2.

Building commissioner, or designee.

3.

Town planner, or designee.

4.

Two members or designees of the planning board.

5.

Fire chief, or designee.

6.

Police chief or designee.

7.

One member or designee of the conservation commission.

8.

One member or designee of the historical commission.

Designated members need not be standing members and may be designated based upon availability or specific expertise required for site plan review.

b.

A quorum for a meeting of the administrative review committee shall be six members and approval of a site plan shall require the affirmative vote of a majority of those present.

c.

A site plan submitted for review shall conform substantially to the MRD comprehensive plan approved by the planning board and shall only include minor variations as described in section 4.4.14 below. Approval by the administrative review committee is the only requirement for the site plan review. No public comment process is required when the site plan conforms substantially to the comprehensive plan. If the administrative review committee determines that a major change has occurred in the comprehensive plan, as described in section 4.4.14 below, the provisions of section 4.4.14 shall be applicable.

4.4.11

Required site plan contents.

a.

Copies of a site plan, in hard copy or electronic format, shall be submitted to the administrative review committee at the office of the town planner, in numbers determined by the committee. Within 15 calendar days of the submittal date the committee shall review the plan. Within 21 days following the submittal of the plan the committee shall meet to discuss the plan. Within 30 days of submittal of the plan the committee shall render a decision on the site plan, in accordance with section 4.4.13, unless the committee and the applicant agree to extend the date of decision.

b.

All plans submitted for site plan review under this section shall be prepared by qualified professionals, including a registered engineer, registered architect and/or registered landscape architect, and shall include the items and information required pursuant to section 7.1.5. Instead of a registered land surveyor seal, a locus plan will need to be provided for each new site within the total site area.

4.4.12

Modifications to the site plan. As part of its review process, the administrative review committee may request that the applicant make changes to the proposed site plan to bring it into substantial conformance with the master plan, with only minor variations from the comprehensive plan as provided in section 4.4.14 below.

4.4.13

Final action. The administrative review committee's final action, in writing, shall consist of the following:

(a)

Approval of a site plan based upon a determination that the proposed project conforms substantially with the comprehensive plan, with only minor variations;

(b)

Approval of the site plan subject to any conditions imposed by the administrative review committee. Any such conditions shall be limited to changes necessary to achieve substantial conformance with the comprehensive plan with only minor variations; or

(c)

Disapproval of the site plan based on a determination that the proposed project does not conform substantially with the comprehensive plan with only minor variations but instead either does not conform with the comprehensive plan or includes major changes.

The applicant shall be entitled to appeal the final action taken by the administrative review committee on the proposed site plan to the planning board by filing notice of appeal with the planning board within ten days following the issuance of the administrative review committee's final written action with respect to the proposed site plan. The planning board shall review and consider the proposed site plan and take final action on the appeal within 30 days following any such appeal. Any action by the planning board shall be subject to further appeal to the county superior court, provided that notice of appeal is filed with the town clerk within ten days following the decision of the planning board that is being appealed from and an action is commenced in county superior court within 20 days from the date of the decision of the planning board that is being appealed from.

4.4.14

Changes to the comprehensive plan.

a.

It is anticipated that during the course of the development of an MRD district pursuant to a comprehensive plan approved through the issuance of a special permit there will be changes to the comprehensive plan. Changes to an approved master plan shall be categorized as either minor variations or major changes.

b.

Minor variations shall consist of the following:

(a)

An increase of less than 20 percent in the total improved square footage in the mill redevelopment district;

(b)

Changes in particular uses in particular locations, provided that there is no overall change in the proposed use categories that are included in the MRD comprehensive plan; and

(c)

A change in the size or location of any proposed use, roadway or driveway which, in the opinion of the administrative review committee, does not have a significant impact on the project and will not require mitigation by the applicant.

No planning board action shall be required with respect to a minor variation identified by the administrative review committee.

c.

Major changes shall consist of the following:

(a)

An increase of more than 20 percent in the total improved square footage in the mill redevelopment district;

(b)

Changes in proposed use categories or types that result in one or more uses not included as part of the existing comprehensive plan proposed for the MRD; or

(c)

A change in the size or location of any proposed use, roadway or driveway which, in the opinion of the administrative review committee, has a significant impact on the project and will require mitigation by the applicant.

Major changes shall require the approval of the planning board pursuant to an amendment to the special permit issued by the planning board that constitutes approval of the comprehensive plan. Amendments to the special permit shall require a public hearing and shall be subject to all of the requirements for the issuance of a special permit that are set forth in this bylaw.

4.4.15

Subdivision of property. Where there are established pre-existing buildings, as of the date of the approved comprehensive plan on the mill redevelopment property, the land on which they are located may be subdivided, allowing the pre-existing buildings to be placed on their own individual parcel. The newly created parcel is exempt from table 2, table of dimensional regulations, specifically the mill redevelopment district dimensional regulations. The only prerequisite would be to meet a five-foot setback from newly established property lines. The five-foot setback may be waived by the planning board with recommendation from the building commissioner. If a new building is to be constructed on a parcel with a pre-existing building the new building will need to meet the setbacks for the mill redevelopment district, unless waived by the planning board, on recommendation from the building commissioner. New parcels that have no pre-existing buildings will need to meet the mill redevelopment district dimensional regulations as set out in table 2.

(5-9-2011 ATM; 10-5-2015 STM; 10-4-2021 STM)