North Attleborough City Zoning Code

Statement of purpose. The purposes of the Floodplain District are to:

Floodplain district boundaries. The Floodplain District is herein established an overlay district. The district includes all special flood hazard areas designated as Zone A and AE on the North Attleborough Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the NFIP) The map panels of the Bristol County FIRM that are wholly or partially within the Town of North Attleborough are panel numbers 25005C0018F, 25005C0084F, and 25005C0092F, dated July 7, 2009; and panel numbers 25005C0019G, 25005C0101G, 25005C0102G, 25005C0103G, 25005C0104G, 25005C0106G, 25005C00107G, 25005C0108G, 25005C0111G and 25005C0112G, dated July 16, 2015. The exact boundaries of the district may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Bristol County Flood Insurance Study (FIS) report dated July 16, 2015. The FIRM, Floodway Maps and Flood Insurance Study booklet are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Inspector, and Conservation Commission.

Base flood elevation and floodway data.

Adjacent communities.

Reference to existing regulations.

Other use regulations.

Agricultural uses such as farming, grazing, truck farming, horticulture, etc.

Forestry and nursery uses.

Outdoor recreational uses, including fishing, boating, play areas, etc.

Conservation of water, plants, wildlife.

Wildlife management areas, footpaths, bicycle paths, and/or horse paths.

Temporary nonresidential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises.

Buildings lawfully existing prior to the adoption of these provisions.

Permitted uses.

Prohibited uses. Within the Aquifer Protection District, the following uses are prohibited:

Special permit uses.

Procedures for issuance of special permits.

Within the Aquifer Protection District, not more than 15% of the lot shall be rendered impervious unless a system for artificial recharge of groundwater that will not result in groundwater pollution is provided, as approved by the Department of Public Works and the Building Inspector and the special permit granting authority, where applicable. If such a recharge system is employed, all streets, sidewalks, parking areas, driveways, ramps, service areas, loading docks and exterior storage areas shall be paved or surfaced with impervious materials and constructed with curbing, slopes and similar design features so that water falling on such areas and on buildings on the same premises and spilled liquid substances on such areas and in adjacent buildings will be contained and controlled and directed into an approved system of drainage structures and pipes. Such drainage system shall trap for removal all oil-based pollutants and suspended sediment and materials and shall provide for the return of water to the ground beneath the site by the use of leaching structures, pipes and fields. The design of such a recharge system shall further include adequate measures to capture and treat the first flush of stormwater runoff such that the entrance of oil-based pollutants and suspended sediment and materials is minimized, according to generally accepted engineering practices. The outlet from such drainage system shall be designed to obtain the efficient operation of the leaching structures and to allow the passage of excess amounts of water so that no flooding of the site will occur. The owner shall maintain all such drainage systems in proper working order and shall provide the Department of Public Works with a certified report of inspection of such systems annually or at such shorter interval as regulations or bylaws may require.

All sand and gravel excavation and grading in the Aquifer Protection District shall maintain a minimum depth of four feet of clean fill above the maximum annual high water table elevation. A monitoring well shall be installed by the property owner to verify groundwater elevations. Such test wells shall be located by a professional geologist, hydrogeologist, or engineer trained and experienced in hydrogeology. Sampling shall be conducted by an agent of the Board of Health. The installation, sampling and any required regular testing shall be at the expense of the applicant and/or owner of the property. This subsection shall not apply to excavations incidental to permitted uses, including but not limited to providing for the installation or maintenance of structural foundations, freshwater ponds, utility conduits or on-site sewage disposal. Access road(s) to extractive operation sites shall include a gate or other secure mechanism to restrict public access to the site.

Temporary or permanent storage of earth material or any other material on a site within the Aquifer Protection District, which is not indigenous to said site, shall be subject to a special permit in accordance with the provisions of this § 290-7 of this bylaw.

In all construction activities within the Aquifer Protection District, the Planning Board, where deemed necessary, may require the applicant to submit a development impact statement (see § 290-30 of this Zoning Bylaw) delineating the project's immediate and cumulative hydrologic effect on any watercourse and watershed and on groundwater quality.

Written notice of any violations of this § 290-7 of this Zoning Bylaw shall be given by the Building Inspector to the responsible person as soon as possible after detection of a violation or continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventative measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the Building Inspector, the Board of Health, the Conservation Commission, and the Department of Public Works. The cost of containment, cleanup, or other action of compliance shall be borne by the owner and operator of the premises.

For situations that require remedial action to prevent adverse impact to the water resources within the Aquifer Protection District, the Town of North Attleborough, the Building Inspector, the Board of Health, or any of their agents, if authorized to enter upon such premises under the terms of the special permit or otherwise, may act to remedy the violation. The remediation cost shall be the responsibility of the owner and operator of the premises.

In addition to the uses allowed in Article V, Use Regulations, of this bylaw for the underlying C-7.5 and IC-30 Districts, the following uses are allowed by special permit in the Transit Oriented Development Overlay District:

In cases where there is a use that is allowed by special permit in the underlying district, the applicant will identify those uses as part of the TOD application and submit a single special permit application to the Planning Board. The Board shall consolidate the review into one review procedure.

For a mixed-use building within the Transit Oriented Development District, the following density and dimensional requirements shall apply:

The SPGA may, through the special permit review process, increase the residential density in a mixed-use building to a maximum of 35 units per acre.

A development shall be designed around a bus transfer facility with supporting parking. In lieu of a bus transfer facility, an applicant may provide one or more of the following: a public green, riverfront park, or parking for municipal use.

The roadways and intersections shall provide proper access for full-size GATRA buses at the time of design.

A minimum five-foot-wide sidewalk shall be provided along site frontage and between the bus transfer facility and the rest of the TOD Overlay District.

All crosswalks shall be constructed to provide both a change in color and/or texture from the regular roadway surface. Such changes shall be ADA[1] compliant.

Lighting for streets shall be limited to 15 feet in height and have shields directing light downward with a total cutoff of all light at less than 90° from vertical. Light poles should complement the existing black ornamental poles along South Washington Street.

Street trees shall be planted by the developer along the right-of-way. Street trees shall be planted at intervals of no more than 50 feet. Tree species that are of native origin and that require minimal maintenance shall be selected. Trees should also be pruned to provide proper headway for cars and pedestrians.

Pedestrian amenities such as benches, public art, planters, trash receptacles, etc., are encouraged and shall be located along sidewalks and in landscaped areas, open spaces and plazas.

All new utilities shall be placed underground.

Parking standards for commercial uses may be reduced by 40% when applicant provides the SPGA with information (in the form of a lease agreement, deed restriction or other legal agreement) on the ability to share parking within the development or adjacent properties. The parking information shall include information on peak parking times by use and cohesive uses in accordance with "Parking Spaces/Community Places, Finding Balance Through Smart Growth Solutions" as provided by EPA. Off-street parking within 300 feet of the property may be counted towards the commercial parking requirement. The size of parking spaces may be reduced to nine feet by 18 feet in order to reduce the impervious surface of the TOD.

Parking should be placed to the side or rear of the building. Residential units shall have a minimum of one dedicated parking space per unit. Residential parking should be clearly marked or separated from the commercial or public parking. Bicycle racks shall be provided.

Stormwater management shall be designed, incorporating low-impact development standards pursuant to the Wetlands Protection Act Regulation 310 CMR 10.04.

Architectural details of all buildings, including the texture of wall and roof materials, should reflect the downtown area.

Buildings shall be oriented parallel or perpendicular to the street and/or village green or common. Entrances should face either the transit station, street and/or village green or common.

The commercial uses on the first floor of the buildings may be placed close to the street or facing the transit station.

Long horizontal facades, greater than 50 feet, should be avoided by the incorporating of recesses and projections. Said recesses and projections shall be a minimum of 10 feet in width and two feet in depth.

The mass, proportion and scale of the building, roof pitch and the proportions and the relationship between doors and windows should be harmonious with the surrounding buildings.

Complex roofs are encouraged with secondary roofs smaller and lower than the main roofline. All buildings shall articulate the line between the ground and upper levels with a cornice, canopy, balcony, arcade, or other visual device.

A solid waste management plan for the entire development shall be prepared and submitted. The goal of this plan shall be to maximize recycling and centralize collection and containment of all waste within the development. This waste area shall be properly screened and located to minimize disturbances to residents and abutters.

No sign shall extend higher than the height of the ground story. No sign shall exceed 25% of the ground floor wall area. Signs should be complementary in their use of color, shape and material. Signs may be double-sided.

The development complies with the Town's currently approved plans or reports such as but not limited to Master Plan and the Open Space and Recreation Plan.

The development specifically provides one or more of the following actions or benefits:

The development provides water, wastewater and stormwater systems that meet DEP standards, including low-impact development methods; 310 CMR 15.00, Title 5; Conservation Commission; Department of Public Works; Board of Health and Planning Board drainage requirements.

The development provides a well-designed and constructed green, river walk or public common, a minimum of 1/4 acre in size. Said public space shall contain benches, walkways, lighting, landscaping and a community gathering/function area as deemed necessary by the SPGA.

The development transitions smoothly into the existing residential and commercial areas by way of design, landscaping, and the stepping down of density and use;

A detailed traffic impact analysis shall be submitted to the Planning Board for any application for a new development whose principal use or an existing development whose change in use or anticipated trip generation in excess of 100 vehicle trips during the peak hour of the adjacent roadway. These additional 100 trips per hour can result in a change in the level of service (LOS) or appreciable increase in the volume-to-capacity (V/C) ratio on an approach. The applicant shall follow the requirements as outlined in Article VI, Supplementary Regulations, § 290-31, Planned business development, Subsection G, Traffic impact mitigation, providing information on bus access requirements, projected traffic generation from the development onto local roads and intersections and that it is within the capacity of the road network and does not create any safety concerns or is mitigated with improvements provided by the applicant/developer.

The design and layout of streets promotes a network of multiple routes for vehicles, bikes, and pedestrians and the parking and loading of the development is acceptable to the SPGA.

Promote the public health, safety, and welfare by encouraging a diversity of housing opportunities;

Provide a range of housing choices for households of varying size, incomes and ages and increase the production of housing to meet existing and anticipated housing needs;

Generate positive tax revenue for the Town to the extent consistent with MGL c. 40R, and to benefit from the financial incentives provided by MGL c 40R, while providing the opportunity for new business growth and additional local jobs;

Establish requirements, standards and guidelines which will ensure suitable and cost-effective development and a clear, predictable and efficient development review and permitting process;

Encourage other development in the Kelley Boulevard/Route 152 area; and

Enable the Town to receive zoning incentive and density bonus payments under MGL c. 40R and MGL c. 40S.

Applicability of SGOD. An applicant may seek development of a project located within the SGOD in accordance with the provisions of the governing laws and this § 290-9, including a request for plan approval by the PAA, if necessary. In such case, notwithstanding anything to the contrary in the Zoning Bylaw, such application shall not be subject to any other provisions of the Zoning Bylaw, 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. To the extent that there is any conflict between the governing laws and this § 290-9, inclusive of the design standards, the PAA regulations, and any applicable associated local zoning requirement (e.g., zoning requirement contained in another section of the Zoning Bylaw that is nonetheless explicitly incorporated by reference, as specifically approved by DHCD), the governing laws shall govern.

Establishment and underlying zoning.

Administration, enforcement, and appeals. The provisions of this § 290-9 shall be administered by the Building Inspector, except as otherwise provided herein. Any legal appeal arising out of a plan approval decision by the PAA under Subsections I through M shall be governed by the applicable provisions of MGL c. 40R. Any other request for enforcement or appeal arising under this § 290-9 shall be governed by the applicable provisions of MGL c. 40A.

Residential projects. A residential project within the SGOD shall include and be limited to:

Mixed-use development projects.

Number of affordable housing units. For all projects containing at least 13 residential units, not less than 20% of home ownership housing units constructed shall be affordable housing. Unless the PAA provides a waiver on the basis that the project is not otherwise financially feasible, not less than 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. A project shall not be segmented to evade the affordability threshold set forth above.

Monitoring agent. A monitoring agent, which may be the local housing authority or other qualified housing entity, shall be designated by the PAA (the "designating official"). In a case where the monitoring agent cannot adequately carry out its administrative duties, upon certification of this fact by the designating official or by DHCD such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the designating official. 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.

Design and construction. Units of affordable housing shall be finished housing units. With respect to the minimum number of units in a given project that are required to be affordable housing under § 290-9 and the governing laws, such units shall be equitably integrated and proportionately dispersed throughout the residential portion of the project of which they are part, across all residential buildings, floors, distinct unit types, and with respect to the gross floor area devoted to residential units, in accordance with the affordable housing restriction and the affirmative fair housing marketing and resident selection plan, as approved by DHCD. The affordable housing units shall be comparable in initial construction quality, size, amenities, and exterior design to the other housing units in the project. Unless expressly required otherwise under one or more applicable state or federal housing subsidy programs, 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 meets the following:

Costs of affirmative fair housing marketing and resident selection plan. The affirmative fair housing marketing and resident selection plan and/or any associated monitoring services agreement may make provision for payment by the project applicant of reasonable costs to the monitoring agent to monitor and enforce compliance with affordability requirements consistent with the affordable housing restriction and otherwise fulfill the responsibilities contained in Subsection F(2).

Age restrictions. Nothing in this § 290-9 shall permit the imposition of restrictions on age upon projects unless proposed or agreed to voluntarily by the applicant. However, the PAA may, in its review of a submission under Subsection F(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 housing units.

Phasing. For any project that is approved and developed in phases in accordance with Subsection I(4), the percentage of affordable units in each phase shall be at least equal to the minimum percentage of affordable housing required under Subsection F(1) or (8), as applicable. Where the percentage of affordable housing is not uniform across all phases, the unit dispersal and bedroom proportionality requirements under Subsection F(5) shall be applied proportionately to the affordable housing provided for in each respective phase.

No waiver. Notwithstanding anything to the contrary herein, the affordability provisions in this Subsection F shall not be waived unless expressly approved, in writing, by DHCD pursuant to the 40R Smart Growth Zoning Program and the governing laws at the request of the plan approval authority.

Dimensional standards. Notwithstanding anything to the contrary in this Zoning Bylaw, the dimensional standards applicable in the SGOD are as follows:

Number of parking spaces.

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. Any minimum parking requirements above may be reduced by the PAA through the plan approval process (or, for projects not requiring plan approval, prior to submission of any application for a building permit) 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 (or, for projects not requiring plan approval, prior to submission of any application for a building permit) 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, where not feasible or otherwise preferred by the PAA, side of any building, relative to any principal street, public open space, or pedestrianway.

Traffic impact assessment.

Plan approval. An application for plan approval shall be reviewed by the PAA for consistency with the purpose and intent of § 290-9. Such plan approval process shall be construed as an as-of-right review and approval process as required by and in accordance with the governing laws. The following categories of projects shall be subject to the plan approval process:

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. The PAA may require the applicant to provide an estimated construction schedule subject to the reasonable approval of the PAA. In the event the applicant proposes a phased development plan, a proposed time line for each phase of the development shall be included in the plan approval submission, provided that the submission shows the full buildout of the project and all associated impacts as of the completion of the final phase. The applicant is not obligated to pursue a phased development plan. Any phased project shall comply with the provisions of Subsection F(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, along with any application fee(s) 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 Subsection F, the application shall be accompanied by all materials required under Subsection F(3). All site plans shall be prepared by a certified architect, landscape 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. At the time of application, the applicant must submit all the required items on the application and associated checklist(s) to be adopted by the PAA, and the review fees, to the extent such form and fees are consistent with as-of-right development under this § 290-9 and expressly approved, in writing, by DHCD. The applicant shall be required to pay for reasonable consulting fees to provide peer review as standard for the PAA.

Circulation to other boards. Upon receipt of the application, the PAA shall immediately provide a copy of the application materials to the Town Council, Zoning Board of Appeals, Board of Health, Conservation Commission, Fire Department, Police Department, Building Inspector, Department of Public Works, the monitoring agent (if already identified, for any project subject to the affordability requirements of Subsection F), 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 and subject to compliance with MGL c. 40R, 760 CMR 59.00 and Subsection F(10), the plan approval authority may waive dimensional and other requirements of § 290-9, 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 § 290-9.

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 buildout 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 red-lined 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 Subsections I through M.

Purpose. The design standards are adopted to ensure that, to the extent consistent with the governing laws and this § 290-9, the physical character of projects within the SGOD:

Design standards. The plan approval authority may adopt, by simple majority vote, additional design standards as PAA regulations which shall be applicable to development projects that are subject to plan approval by the plan approval authority. Such design standards must be objective and not subjective and may only address the scale and proportions of buildings, the alignment, width, and grade of streets and sidewalks, the type and location of infrastructure, the location of building and garage entrances, off-street parking, the protection of significant natural site features, the location and design of on-site open spaces, exterior signs, and buffering in relation to adjacent properties. DHCD may, at its discretion, require design standards to contain graphics illustrating a particular standard or definition in order to make such standard or definition clear and understandable.

DHCD approval. After adopting any such additional design standards not otherwise contained in Subsection M of § 290-9, the PAA shall submit design standards to DHCD for approval. Design standards shall not take effect until approved by DHCD and filed with the Town Clerk. In submitting proposed design standards for DHCD approval, the PAA shall, if requested by DHCD, submit sufficient documentation clearly showing that the proposed design standards will not add unreasonable costs to development projects or unreasonably impair the economic feasibility of a development project. A letter from a developer, property owner or other interested party, indicating that the design standards will not add unreasonable costs or unreasonably impair the economic feasibility of a development project, may be taken into consideration by DHCD but shall not necessarily constitute sufficient documentation. At its discretion, DHCD may disapprove one or more design standards if it finds that such design standard(s) proposed or adopted by the PAA is not sufficiently objective or that the PAA has not submitted documentation sufficient to demonstrate that such design standard(s) will not add unreasonable costs or unreasonably impair the economic feasibility of a development project.

Plan approval. An application for plan approval that has been submitted to the Town Clerk pursuant to this § 290-9 shall not be subject to design standards that have not been approved by DHCD and filed with the Town Clerk. An application for plan approval shall be subject only to those design standards approved by DHCD and filed with the Town Clerk on or before the date of said application.

Approved design standards. DHCD has approved the following design standards:

Provide additional housing options to residents at all life stages;

Promote higher density and pedestrian-friendly development near commercial areas;

Encourage alternative and varied development in the Route 1 area; and

Comply with MGL c. 40A, § 3A, MBTA communities.

The MROD is an overlay district that has two sub-districts superimposed on the underlying zoning districts. The two sub-districts are:

The regulations for use, dimensions, and all other provisions of the Zoning Bylaws governing the respective underlying zoning district(s) shall remain in full force, except for uses allowed as of right in the MROD. Uses that are not identified in Article V, Use Regulations are governed by the requirements of the underlying zoning district(s).

Uses permitted as of right: Multi-unit housing.

Accessory uses. The following uses are considered accessory as of right to any of the permitted uses in Subsection D(1): Parking, including surface parking and parking within a structure such as an aboveground or underground parking garage or other building on the same lot as the principal use.

Multi-building lots. In the MROD, lots may have more than one principal building.

Table of dimensional standards. Notwithstanding anything to the contrary in this zoning, the dimensional requirements applicable in the MROD are as follows:

Development standards are applicable to all development in the MROD and are reviewed in the site plan review process.

Site design.

Buildings: general.

Buildings: multiple buildings on a lot.

Buildings: shared outdoor space. Multi-unit housing shall have common outdoor space that all residents can access. Such space shall be located in any combination of ground floor, courtyard, rooftop, or terrace. All outdoor space shall count towards the project's minimum open space requirement.

Buildings: corner lots. A building on a corner lot shall indicate a primary entrance either along one of the street-facing facades or on the primary corner as an entrance serving both streets.

Buildings: infill lots. If the adjacent buildings are set back at a distance that exceeds the minimum front yard requirements, infill buildings shall meet the requirements of § 290-9.3E, Dimensional standards. Otherwise, infill buildings may match the setback line of either adjacent building, or an average of the setback of the two buildings to provide consistency along the street.

Buildings: principal facade and parking. Parking shall be subordinate in design and located away from the principal building facade. Blank facades are not permitted. Changes in plane or material and techniques such as offsets, projections, and recesses shall be used to avoid the appearance of a blank wall and provide a pedestrian scale in areas. The front facades, side, and rear shall have a subtle change in architectural expression.

Applicability. Applications under the MROD shall follow the submittal requirements and meet the review criteria in accordance with § 290-26C, Submission and plan requirements, § 290-26E, Review criteria, and § 290-26F, Plan review and approval process. Provided, however, that applications under the MROD are by-right and shall not be subject to any special permit requirements.

Submission requirements. The application materials and submittal for site plan review shall follow § 290-26C, Submission and plan requirements. In addition, site plan applications shall have:

Pre-application. Before submitting an application under MROD, the applicant shall meet informally with the Planning Board and discuss a concept plan or multiple concept plans. The concept plan should show the overall building envelope areas, open space and natural resource areas, amenities, and general site features. The applicant shall show concept architectural elevations of the building and its compliance with the development standards. The pre-application meeting is intended as a tool to work with the Planning Board before investment in final design.

Site plan approval. Site plan approval for uses listed in § 290-9.3D, Permitted uses shall be granted upon determination by the Site Plan Review Authority. The Site Plan Review Authority may impose reasonable conditions, at the expense of the applicant, to ensure that these conditions have been satisfied.

Project phasing. An applicant may propose, in a site plan review submission, that a project be developed in phases subject to the approval of the Site Plan Review Authority, provided that the submission shows the full buildout of the project and all associated impacts as of the completion of the final phase. However, no project may be phased solely to avoid the provisions of § 290-9.3H, Affordable housing.

Waivers. Upon an applicant's request, the Site Plan Review Authority may waive the requirements of the MROD, including § 290-9.3F, Development standards in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation meets the overall purpose and objectives of the MROD. Waiver requests are encouraged to be brought forward as early as possible and must be made in writing with justification by the developer.

The Multi-Use Overlay (MXO) is hereby established as an overlay zoning district consisting of five subdistricts: MXO Route 1 South, MXO Route 1 North, MXO Downtown Community & Business, MXO Mall, and MXO Kelley Boulevard. Its purpose is to allow multiple uses, whether commercial, industrial, medical, or residential, that are generally separated under traditional Euclidean zoning. Multi-use development is not required but allowed.

The intent of the Multi-Use Overlay Bylaw is to allow greater flexibility and imaginative design in the development of a variety of uses, including but not limited to retail, medical, office, manufacturing, residential, technology and life sciences, and restaurants.

This bylaw also encourages the adaptive reuse of vacant or underutilized buildings or structures that serve as attractive places for redevelopment projects to create centers of economic activity along Route 1, Kelley Boulevard, and the Downtown.

Further, the Planning Board, acting as the special permit granting authority (SPGA), shall allow a harmonious variety of uses while encouraging economic development and vitality within the subdistricts.

MXO Route 1 South; and

MXO Route 1 North: Larger parcels for redevelopment into multi-use economic zones.

MXO Downtown Community & Business: Smaller parcels with zero setbacks, higher possible height, and residential above the first level for a vibrant downtown.

MXO Mall: Higher allowable building height and density for a redevelopment plan that is adjacent to the highway.

MXO Kelley Boulevard: Multi-use allowed with larger minimum lot sizes.

A variety of uses such as commercial, manufacturing, industrial, and residential uses are allowed in separate buildings located either on the same lot or on multiple lots in the development. This is to allow redevelopment for vibrant multi-use economic centers. As the SPGA, the Planning Board retains discretion regarding the ratio of commercial to residential development and may require a commercial ratio exceeding that outlined below.

Residential housing with commercial development is allowed in all of the subdistricts by special permit subject to the review criteria. If both uses are in one building, at least 33% of the gross floor area shall be for non-residential or commercial uses. The 33% gross floor area ratio excludes parking. The dimensional requirements vary by subdistrict.

Except as noted below, all uses are eligible for consideration in the MXO.

Prohibited uses. The following uses are prohibited when applying for an MXO special permit:

The application form can be retrieved online and must be submitted to the Planning Department. Electronic copies of all materials are required. The site plan must include the standards in Addendum A,[1] and the application package must also include a landscape plan, building elevations, and signage details. Landscape plans shall be prepared and stamped by a landscape architect licensed in the Commonwealth of Massachusetts. Building elevations shall be prepared and stamped by an architect with the same licensure.

An applicant shall file the application form and other required submittals, as set forth in the PAA regulations, with the Town Planner. At the time of application, the applicant must submit all required items listed on the application and associated checklist(s) and pay the required application fee.

Required. These design standards are required. Exceptions will only be considered in cases where the applicant can prove to the satisfaction of the SPGA that the waiver request is consistent with one or more of the reasons or purposes outlined in Subsection P, Waivers. In these cases, the SPGA will cite clear intent and purpose of the granted or denied waiver in the decision document.

Preferred. The following design standards are advantageous and preferred, and developers are encouraged to incorporate them into their projects.

The Planning Board may waive any or all of the requirements of the MXO, including § 290-9.4O, Development standards, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation meets the overall purpose and objectives of the MXO. Waiver requests are encouraged to be brought forward at the concept plan stage.

Waiver requests shall be subject to review under the following criteria:

The development complies with the Town's currently approved plans and reports, such as but not limited to the Master Plan and the Open Space and Recreation Plan.

The development complies with the SPGA's Multi-Use Overlay Development Standards.

The development contributes to a more walkable and safe multi-use area by ensuring consistently high-quality site and architectural design and a network of multiple routes for vehicles, bikes, and pedestrians and the parking and loading of the development, as is acceptable to the SPGA.

A development with residential units must provide a percentage of affordable units that is set as the statutory minima for municipalities set forth in 760 CMR 56.03(3)(a). The statutory minima percentage required for affordable units in a residential development applies to projects with 10 units or more residences. The affordable housing units from this bylaw shall be on the Subsidized Housing Inventory (SHI) maintained by the Executive Office of Housing and Livable Communities (HLC). A deed restriction restricting the future resale or maximum leasing or renting at market rate for perpetuity shall be required by the SPGA.

The development must ensure a transition to surrounding residential and commercial areas by employing design, integration, and landscaping practices.

A detailed traffic impact analysis shall be submitted to the Planning Board for any application for a new development whose principal use or an existing development whose change in use or anticipated trip generation is in excess of 100 vehicle trips during the peak hour of the adjacent roadway. The traffic impact analysis must be reviewed satisfactorily by the Planning Board.

Adequacy of space and location for the off-street loading and unloading of vehicles, goods, products, materials, and equipment incidental to the normal operation of the establishment.

Method of disposal for sewage, refuse, and waste resulting from the uses permitted or permissible on the site, and the methods of drainage for surface water, including consideration of groundwater recharge.