Sharon City Zoning Code
SECTION 6
0 General Regulations
§ 6.1.1 District requirements.
Parking in excess of the minimum standards set forth within this section shall be at the discretion of the Zoning Board of Appeals or Planning Board during its review of a site plan or special permit application, as the case may be. The minimum number of parking spaces required shall be as follows:
Table of Parking Requirements | |
|---|---|
Use - Residential | Required Spaces |
Residential uses excluding residential use in Business District D | 1 space per dwelling unit |
Senior housing facility | 0.5 space per bedroom, plus spaces equal to the largest employee shift, plus 1 visitor space per every 10 bedrooms |
Use - Business A | Required Spaces |
Religious and public educational institutions | 1 parking space per 600 square feet of gross floor area |
Other places of public assembly, such as for meetings, entertainment, recreation, adult education, service of food or beverages | 1 parking space per 5 fixed seats or 10 lineal feet of bench; or where no seats or benches are provided, 1 parking space per 20 square feet of floor area open to the public assembly |
Bowling alleys | 2 parking spaces per bowling alley |
All other permitted nonresidential uses in Business District A | 3 parking spaces per 1,000 square feet of gross leasable area on the ground floor and 1 1/2 parking spaces per 1,000 square feet of such area on any additional floor. |
Any place of public assembly that utilizes seasonal outdoor seating | Additional seasonal outdoor space shall be exempt from parking requirements |
Use - Business D | Required Spaces |
Hotel | 1 parking space per room or suite |
Business and Professional Office | 4 parking spaces per 1,000 square feet of gross floor area |
Residential | 1.65 parking spaces per dwelling unit provided that the ZBA may reduce the number of required parking spaces based upon finding that shared parking is available |
Use - Business B, C, and D; Professional Districts | Required Spaces |
Permitted nonresidential uses | 5 parking spaces per 1,000 square feet of gross leasable area on the ground floor and 3 parking spaces per 1,000 square feet of such area on any additional floor |
Use - Light Industrial District | Required Spaces |
Office, financial, institutional, municipal building and retail use, including accessory uses incidental to the foregoing; and in all other uses not specifically enumerated | 4 parking spaces shall be provided per 1,000 square feet of gross floor area or part thereof |
Warehouse use, including incidental accessory use | 1 space per 1,000 square feet gross floor area |
Other light industrial use, including incidental accessory use | 3 spaces per 1,000 square feet gross floor area |
§ 6.1.2 General requirements.
1.
Where the computation of required spaces results in a fractional number, a fraction of 0.5 or more shall be counted as one.
§ 6.1.3 Special district requirements.
1.
In Business District A, in order to provide for better site design, up to 25% of the total number of off-street parking spaces may, at the discretion of the Zoning Board of Appeals during its review of a special permit application, or the Planning Board during its review of a site plan application, be allocated for compact cars with dimensions of eight feet by 18 feet. Such spaces shall be clearly designated for compact cars only.
2.
In Business District A, multi-level above- or below-grade parking may be allowed, if determined appropriate by the Zoning Board of Appeals during its review of a special permit application, or the Planning Board during its review of a site plan application, and shall not exceed two levels.
3.
In Business Districts A and B, for developments requiring more than 20 off-street parking spaces, bicycle parking spaces in bicycle rings or racks shall be provided equaling one per 20 of the required off-street parking spaces or fraction thereof, in addition to the required off-street parking. For residential uses, at least half of the required bicycle parking spaces shall be provided in weather-protected locations.
4.
In the Light Industrial District, the location of parking, the design of parking spaces and aisles, and the location and width of curb cuts shall be as required in Business A and Professional Districts.
§ 6.1.4 Changes to a nonconforming parking lot.
No existing nonresidential use on a lot nonconforming as to parking may be expanded or changed to a use requiring more parking spaces unless provision is made for additional parking spaces at least equal to the difference between the requirements for the proposed enlargement or new use and the present parking requirement. However, when a change or expansion of a nonresidential use in a Business District is proposed primarily within an existing building on a lot nonconforming as to parking, the Zoning Board of Appeals during its review of a site plan or special permit application, or the Planning Board during its review of a site plan application in Business District A, may, by special permit, waive all or part of any increased parking requirement. In determining whether a waiver of parking is appropriate, the special permit granting authority shall consider evidence which shall be provided by the applicant regarding the following items:
1.
The operating characteristics of the proposed use, including but not limited to a description of the type of business, hours of operation, number of employees, delivery service requirements and loading facilities;
2.
The peak parking demand for the proposed use in relation to the peak parking demand generated by other uses in the area;
3.
The need for and provision of employee and customer parking; and
§ 6.1.5 Location of parking.
All parking, including access thereto, which is accessory to uses within the Business A and C Districts shall be provided within the same district. All required parking shall be provided on the same lot or lots as the principal use or uses to which it is accessory, except that off-street parking on another lot within a 400-foot radius of the pedestrian entrance of a building may be counted towards the minimum parking requirements in the following manner:
1.
If the parking lot is privately owned, the parking spaces shall be deeded to the owner, or to the several users thereof as formally agreed between them and the owner, and recorded on the deed to the parking lot, but no such parking lot shall be otherwise used or diminished in size except insofar as the Zoning Board of Appeals finds that the lot is no longer required by the users thereof.
2.
The provisions of § 6.1.5.1 notwithstanding, parking for a lot within Business District D that is not located within a Business District D development shall be provided on the lot. Parking for a lot within Business District D that is located within a Business District D development may be provided throughout the Business District D development.
3.
If the parking lot is publicly owned, each lot having business district frontage within a 400-foot radius of any pedestrian entrance to the parking lot shall be, subject to Zoning Board of Appeals approval, credited with a proportion of the public parking spaces corresponding to the proportion the private lot's business district frontage bears to the total business district frontage of all lots so situated which do not already meet the requirements for off-street parking. In requesting credit for accessory parking in a public lot, the petitioner shall submit sufficient evidence of the adequacy of the public lot to accommodate the proposed parking.
4.
Off-street parking for Professional District A uses may also be provided on an adjoining lot or lots in any other district allowing such accessory use on special permit from the Zoning Board of Appeals. For Professional District A, accessory off-street parking allowed by special permit to be located on an adjoining lot or lots in a residential district shall meet the design requirements of § 6.1.6 and shall be screened from the other property in the residential district by a strip at least four feet wide, densely planted with shrubs or trees which are at least four feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six feet high within three years, or by an opaque wall, barrier or uniform fence at least five feet high, but not more than seven feet above finished grade. Such screening shall be maintained in good condition at all times.
§ 6.1.6 Design of parking spaces and aisles.
1.
Each required off-street parking space shall be marked and shall be large enough to contain a rectangle measured not less than nine feet by 20 feet, except for spaces parallel to the driveway which shall be at least nine feet by 25 feet, exclusive of drive and maneuvering space and except for compact car spaces permitted in the Business A District as set forth in § 6.1.3.3.
2.
Each required parking space shall have direct access to an aisle or driveway having a minimum width of 24 feet in the case of two-way traffic or the following minimum widths in the case of one-way traffic only:
Angle Of Parking (Degrees) | Minimum Aisle Width (Feet) |
|---|---|
30 | 12, one way |
45 | 14, one way |
60 | 16, one way |
90 | 24, two way |
§ 6.1.7 Location and width of curb cuts.
1.
Except for access to loading bays or to private residential driveways, there shall be no more than one driveway from the street to a parking lot for the first 100 feet of lot frontage, nor more than one additional driveway for each additional one foot to 100 feet of frontage.
2.
Driveways intersecting the street shall be no less than 65 feet on center.
3.
No curb cut shall be less than 12 feet nor more than 30 feet in width. The width of a driveway for a one-way use shall be a minimum of eight feet and for two-way use shall be a minimum of 18 feet and a maximum of 30 feet.
4.
For business uses, curb cut and driveway width may be changed as part of site plan review based upon standard engineering practice.
§ 6.1.8 Requirements for off-street loading.
1.
There shall be at least one loading bay for any building containing more than 5,000 square feet of gross leasable business floor area.
2.
No loading bay shall be less than 12 feet by 50 feet for food stores, nor less than 12 feet by 30 feet for any other business, nor provide less than 14 feet of vertical clearance.
3.
The loading bay shall be so laid out as to minimize parking maneuvers within a street, way or parking aisle.
4.
In the Light Industrial District, a minimum of one loading bay shall be provided for each 40,000 square feet of gross floor area or part thereof in office, financial, institutional, municipal building, retail, light industrial or other nonresidential use. Loading bays shall measure at least 65 feet long and 12 feet wide.
§ 6.1.9 Maintenance of parking and loading areas.
All accessory driveways, parking and loading areas shall be graded, surfaced with a dust-free material and drained, all to the satisfaction of the Town Engineer and to the extent necessary to prevent nuisance of dust, erosion or excessive water flow across public ways or the property of others.
§ 6.1.10 Required landscaping.
1.
No parking or loading shall be permitted in the area between the front of the structure and the sidelines of any way unless approved by the Planning Board or the Board of Appeals as the case may require during the site plan review process.
2.
Any parking or loading within a required yard abutting a residential district, except for accessory parking on a lot used solely for residence, shall be screened from such district by a strip at least four feet wide, densely planted with shrubs or trees which are at least four feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six feet high within three years, or by an opaque wall, barrier or uniform fence at least five feet high, but not more than seven feet above finished grade. Such screening shall be maintained in good condition at all times.
3.
The total landscaped area maintained in lawns, ornamental plantings, or buffer screening shall not equal less than as required in § 6.1.10, unless reduced by the during site plan approval. All areas not built over, paved or landscaped shall be maintained in natural vegetation. Where usable open space is required, it shall count in its entirety as part of the total landscaped area.
§ 6.1.11 Other parking requirements.
1.
Dwelling conversion. For dwelling and accessory building conversion allowed in accordance with § 8.4, off-street parking shall be provided at the rate of no less than one space per one-bedroom dwelling unit and two spaces per other dwelling unit.
2.
Hotel. At least one parking space per hotel unit shall be provided. If a restaurant or public meeting space is also involved, there shall be an additional parking space for five fixed seats, per 10 lineal feet of bench, or where no seats or benches are provided, there shall be one additional parking space per 20 square feet of floor area open to public assembly.
3.
Multifamily development. Unless a different standard is provided elsewhere within this bylaw, in multifamily development, two off-street parking spaces shall be provided for each dwelling having two or more bedrooms, and one such space for each dwelling unit having fewer than two bedrooms.
§ 6.1.12 Site plan approval.
For developments subject to site plan review, adequacy of space for off-street parking and for off-street loading shall be determined in accordance with § 10.6.
§ 6.2.1 Purpose.
The objective of Business District D Performance Standards is to accommodate residential, retail, office, and other uses in locations where a large development area is available with suitable access to Interstate 95, where impacts to neighboring residential areas can be minimized, and adverse traffic and where environmental impacts can be mitigated. In connection with the creation of the Business District D and the addition of any land to the Business District D, the Select Board shall be authorized and directed to seek agreement from the owners of land located in the Business District D concerning public benefits to be provided in connection with proposed development, including without limitation the gift or dedication of land for conservation, education, flood prevention, recreation, water supply, or other public purposes.
§ 6.2.2 Applicability.
All uses and accessory uses permitted or allowed by special permit must conform to the performance standards in this section, unless specifically waived.
§ 6.2.3 Building Performance Standards requirements; waiver.
All buildings shall comply with the Performance Standards listed herein. All such standards may be waived as part of the site plan review process.
1.
All buildings shall be "four sided," i.e., finished on all sides with comparable architectural details and finishes. Loading areas and rooftop equipment shall be neatly organized and thoroughly shielded.
2.
Buildings shall be energy-efficient and shall incorporate energy-saving devices.
3.
In designing all site improvements the applicant shall use best commercial efforts to incorporate the green development principals of energy efficiency and sustainability by including those Leadership in Energy and Environmental Design (LEED) Plan for Neighborhood Development (LEED ND: Plan) strategies set forth herein in the planning and design of Business District D projects. The applicant shall use best commercial efforts to incorporate LEED ND: Plan principals; however, formal LEED ND: Plan certification shall not be required, building design shall not subject to LEED requirements, and inclusion of at least one certified green building shall not be required. The applicant shall use best commercial efforts to include LEED ND: Plan strategies which may be included in the planning and design of Business D projects.
4.
Rooftop mechanical equipment shall be visually screened and acoustically buffered. "Build case" day-night average sound levels caused by rooftop equipment shall not exceed 55 decibels at the property line.
§ 6.2.4 Site Planning Performance Standards; waiver.
All buildings shall comply with the Performance Standards listed herein. All such standards may be waived as part of the site plan review process.
1.
Smart location. Locate facilities in proximity to Route 1 or interchanges on I-95 in order to minimize traffic impacts on local streets and minimize VMT for regional site access.
2.
On-site wastewater treatment plants require adequate funding mechanisms to provide for proper operation and maintenance and for monitoring and testing of the on-site wastewater treatment plant by the Town consistent with the requirements of the Board of Health. Any on-site sanitary sewers shall be subject to ongoing requirements for leak detection and repair. Buildings shall incorporate water conservation devices, including low-flow plumbing fixtures, including ultra-low-flow toilets.
3.
Compact development. To the extent practicable, the development footprint shall be minimized in site layout and buildings may incorporate second story and mezzanine areas.
4.
Housing and jobs proximity. To the extent practicable, off-site improvements shall be provided or incorporated in the site design linking the site to multifamily housing located within 300 feet of the project site.
5.
Walkable site. The site shall be developed as a healthy walkable environment by providing strong linkage between sidewalks and walkways in proximity to on-site buildings and sidewalks on adjacent streets.
6.
Public spaces shall be provided in proximity to buildings that have a minimum aggregate area equal to 5% of the floor area of the on-site buildings. Public spaces shall be accessible to building occupants and the public and include walking, seating, and gathering areas. Public spaces shall have landscaping, hardscape, benches, and other amenities. Turf areas shall be irrigated; however, potable water from the Sharon water system shall not be used for irrigation. Hardscape shall consist of cement concrete, brick, granite block, cobblestone, or stone pavers. Stone or stone veneer shall be used for landscape walls and retaining walls.
7.
One tree shall be provided for each 1,500 square feet of area. Shade trees shall have a minimum caliper of 3 1/2 inches, and coniferous trees shall have a minimum height of 10 feet to 12 feet at the time of planting. Plant materials shall be native species and shall include street trees listed in the Rules and Regulations of the Sharon Planning Board.
8.
Pedestrian-scale dark skies compliant lighting shall be provided to allow full use of the public spaces at night. Public spaces are included in the required minimum landscaped open space.
§ 6.2.5 Environmental Performance Standards; waiver.
All applications shall comply with the Performance Standards listed herein. All such standards may be waived as part of the site plan review process.
1.
Sustainability. To the extent practicable, sustainable use of materials shall be increased by requiring use of comparable recycled and locally sourced materials during construction of site improvements and by providing single stream recycling during occupancy.
2.
Landscaping and parking layout. On-site access drives shall be shaded by lining with native shade trees. On-site parking areas shall be divided, separated into distinct appropriately scaled subareas, and shaded by providing vegetated planting strips of the maximum width practicable and parking lot islands planted with native shade trees.
3.
Water conservation shall be promoted by precluding use of potable water for irrigation and requiring that irrigation be subject to an irrigation management plan.
4.
Wetland waterbody conservation. To the extent practicable, the value of open space shall be enhanced by providing pedestrian access linking on-site buildings with open space and by providing visual access between on-site public spaces and open space areas.
5.
Site lighting shall be designed with lower illumination levels consistent with IESNA recommended practice and shall minimize blue light emissions. Lighting systems shall have automated controls capable of reducing lighting levels outside business hours. Light trespass shall be limited to 0.5 foot-candle at the property line and there shall be no point sources of light visible from adjacent streets and properties. Pole heights shall be limited to 24 feet in parking areas and to 16 feet within 50 feet of on-site buildings. Pole height within 500 feet of Route I-95 may be increased to 34 feet, provided they are not visible from any residence. All lighting fixtures shall be "dark skies" compliant and shall limit upward-projecting light. All lighting fixtures shall have or be comparable to lighting fixtures having the International Dark Sky Association (IDA) Fixture Seal of Approval.
§ 6.2.6 Parking, access, and drive-through Performance Standards; waiver.
All parking, access, and drive-through facilities shall comply with the Performance Standards listed herein. All such standards may be waived as part of the site plan review process.
1.
Reduced parking footprint. Site design shall reserve locations for parking fully compliant with § 6.1; however, each site plan application that is seeking a reduced parking footprint shall include a parking management report by a civil professional engineer identifying parking reductions enabled by actual peak parking demand and seasonal and event peak parking accommodated on unpaved surfaces. The Zoning Board of Appeals may waive paved parking based on evaluation of the parking management report provided that locations allowing full parking construction are reserved in perpetuity, if required by the Board.
2.
Parking areas shall be laid out in separate discrete parking fields separated by landscaped areas and shall use grading, layout and other design features to provide visually distinct parking fields. Large unbroken and monotonous parking areas shall be avoided. Parking shall be set back a minimum of 10 feet from property lines.
3.
Drive-through facilities serving customers while seated in a car shall be laid out in areas fully separated from any street, access drive, or parking aisle by raised islands with vertical faced granite curb. Separate drive-through facilities shall be as long as practicable and as a minimum shall provide sufficient length to accommodate the 95th percentile queue without extending into any access drive or parking aisle. A bypass capability shall be provided throughout the entire length of the drive-through facility, and all segments of the facility shall have a minimum pavement width of 20 feet. Drive-through facilities shall be designed in a manner that promotes good overall site circulation, access, and safety. Site layout shall preclude pedestrian access to the building through the drive-through facility and shall minimize conflicts between pedestrians and vehicles entering or exiting the drive-through facility.
4.
Proper signage and pavement markings shall be provided. Drive-through facilities shall be properly lighted and screened and shall minimize headlight glare on other portions of the site. Loudspeaker sound levels shall not exceed normal conversational sound levels. Where appropriate for the service provided, separate parking spaces not included in the overall parking count shall be provided to accommodate special orders and delays.
5.
Parking area pavements shall be a three-and-one-half-inch-thick hot mix asphalt pavement with a twelve-inch-thick gravel base. Heavy-duty pavement shall be a five-inch-thick hot mix asphalt pavement with a twelve-inch gravel base. Heavy-duty pavement shall be used in all loading areas and along truck access routes and at principal parking lot drives. Curbing within 100 feet of buildings shall be vertical faced granite curb or vertical faced precast concrete curb.
6.
Multimodal facilities. Multimodal access and vehicular safety shall be enhanced by providing site access designed for shared vehicular, bicycle, and pedestrian use and with all access drives posted for low speed.
7.
Bicycle facilities. Bicycle racks and indoor bicycle storage shall be provided as appropriate.
8.
Transportation demand management. Vehicle miles traveled (VMT) and energy use may be reduced by encouraging tenants to provide incentives for shared vehicle use such as carpools, vanpools, and a commuter rail station shuttle.
§ 6.2.7 Stormwater Management Performance Standards; waiver.
All components shall comply with the Performance Standards listed herein. All such standards may be waived as part of the site plan review process.
1.
Low-impact design. Stormwater management shall incorporate low-impact design (LID) measures to the extent practicable.
2.
Drainage patterns and water quality. Existing drainage patterns shall be preserved and water resources shall be protected by using best management practices (BMPs) to limit runoff and reduce total suspended solids and related contaminants.
3.
Vegetated planting strips and parking lot islands may be used to collect and treat runoff as integral components of the stormwater management system.
4.
Runoff from pedestrian areas, landscape areas, and low-volume vehicular areas shall be accommodated using low-impact design principals where practicable, including pervious pavements, rain gardens, and other proven methods.
§ 6.2.8 Roadway Performance Standards.
All components shall comply with the Performance Standards listed herein. All such standards may be waived as part of the site plan review process.
1.
All roadways within 3,000 feet of the project site accommodating more than 200 vehicle trips per hour generated by sites in the Business District D shall be improved to collector street standards as set forth in the Land Subdivision Rules and Regulations of the Sharon Planning Board.
2.
Reconstruction within public ways shall be subject to approval of a 100% design submission of the roadway improvement plans by a majority vote of the Select Board acting as Street Commissioners. A sketch plan submission, a 25% design submission and a 100% design submission of the roadway improvement plans are required. The content of the sketch plan submission shall graphically depict the location, alignment, and number of lanes for existing and proposed roadways and abutting land uses. The content of the 25% design submission and the 100% design submission shall conform to MassDOT requirements.
3.
No off-site signalized intersection within the traffic study area shall operate below level-of-service D (LOS D) under the "build plus five-year case." The proponent shall provide intersection betterments including geometric and traffic control improvements for all intersections in the traffic study area where "warranted" to achieve LOS D.
4.
For unsignalized intersections not meeting MUTCD warrants or where signalization is not permitted by the Town or agencies having jurisdiction, geometric, pavement marking, and signage improvements shall be provided to mitigate traffic impacts.
§ 6.3.1 Applicability.
Within the Light Industrial (LI) District, all uses shall comply with the performance standards listed herein. All such standards may be waived as part of the site plan review process.
1.
Buildings on the same lot shall be designed with distinct but harmonious architectural elements in a park-like campus setting. Loading areas shall be neatly organized and thoroughly shielded. Rooftop mechanical equipment shall be visually screened and acoustically buffered. Day-night average sound levels caused by rooftop equipment shall not exceed 55 decibels at the property line. Buildings shall be energy-efficient and shall incorporate energy-saving devices.
2.
Parking area pavements shall be a three-and-one-half-inch-thick hot mix asphalt pavement with a twelve-inch-thick gravel base. Heavy-duty pavement shall be a five-inch-thick hot mix asphalt pavement with a twelve-inch gravel base. Heavy-duty pavement shall be used in all loading areas and along truck access routes and at principal parking lot drives. Pervious pavement may be used in areas not subject to heavy traffic or exposed to hazardous materials if approved pursuant to site plan approval or special permit.
3.
Curbing shall be vertical granite type VA4 or vertical precast concrete curb within 100 feet of buildings and on the principal access drive. Curbing may be replaced with parking blocks in specific locations in order to implement low-impact design drainage measures if approved pursuant to site plan approval or special permit. The provisions of this paragraph may be waived by the Zoning Board of Appeals for parking facilities approved by special permit for occasional event parking.
4.
Large parking areas shall be laid out in separate fields with an average size of 120 parking spaces or less and with a maximum size of 240 parking spaces. Discrete parking fields shall be separated by landscaped areas and shall use grading, layout and other design features to provide visually distinct parking fields. Large unbroken and monotonous parking areas shall be avoided. One three-and-one-half-inch-caliper shade tree shall be provided for every 25 parking spaces, and trees shall be planted within 15 feet of the parking area.
5.
Parking shall be set back a minimum of 20 feet from property lines and a minimum of 10 feet from on-site buildings; provided, however, that these setbacks shall not apply to buildings in existence as of November 9, 2009, or to lease lines or lot lines of buildings developed in a campus setting where each lease area or lot has common ownership interests. Parking shall be set back 50 feet from residential lot lines. The provisions of this paragraph may be waived by the Zoning Board of Appeals for parking facilities approved by special permit for occasional event parking.
6.
Site lighting shall be designed with lower illumination levels consistent with IESNA recommended practice. Light trespass shall be limited to 0.5 foot-candle at the property line and there shall be no unshielded point sources of light visible from adjacent streets and properties. Pole heights shall be limited to 24 feet. Lighting fixtures shall promote "dark skies" principles by limiting upward-projecting light.
§ 6.4.1 Applicability.
Within the Professional B (Pro B) District, all uses shall comply with the performance standards listed herein. All such standards may be waived as part of the site plan review process.
§ 6.4.2 Site Design Performance Standards.
The following Site Design Performance Standards shall apply.
1.
Natural features shall be preserved to the extent practicable.
2.
Continuous six-foot-wide pedestrian walkways shall be provided connecting all building entrances, parking facilities, and the adjacent street.
3.
Open space shall be well landscaped and shall include passive recreation facilities and site furnishings.
4.
Driveways shall provide convenient general vehicular access, emergency vehicle access and service vehicle access.
5.
Access, fire hydrant locations, and building fire protection systems shall comply with Fire Department requirements. Vehicular access shall be provided to three sides of the building minimum or as required by the Fire Department.
6.
Dumpster pads shall be located to the side or rear of buildings where practicable with convenient access requiring minimal vehicle maneuvering and shall be thoroughly screened with plantings and fencing and shall have an eight-inch-thick reinforced cement concrete pad with an eight-inch gravel base.
7.
Utility and service equipment, transformers, switchgears, meters, HVAC equipment or any other type of utility equipment shall be located to the rear or side of buildings and shall be thoroughly screened with plantings and fencing
8.
Site lighting shall be designed with the lower illumination levels consistent with good design practice and IESNA recommendations. Maximum illumination levels shall not exceed five foot-candles at any location. Light trespass shall be limited to 0.25 foot-candle at all property lines. Fixtures and poles shall be compatible in style with on-site buildings. Maximum pole height shall be 18 feet in parking lots and 12 feet along pedestrian walkways. Fixtures shall avoid upward projection of light consistent with "dark skies" principles and shall avoid point sources of light visible from off-site locations. Light trespass shall be limited to 0.25 foot-candle at all property lines, except at driveways. Exterior lighting systems shall incorporate zones and timers to reduce lighting levels at nonpeak times.
9.
Utilities shall be installed underground.
§ 6.4.3 Construction Performance Standards.
The following Construction Performance Standards shall apply.
1.
All driveways, parking facilities, and loading facilities shall be surfaced with a hot mix asphalt pavement with a twelve-inch gravel base. Hot mix asphalt pavement shall be 4 1/2 inches thick except within parking spaces where it shall be 3 1/2 inches thick.
2.
All walkways shall be surfaced with a four-inch-thick reinforced cement concrete pavement or unit pavers with a twelve-inch gravel base.
3.
All curbing shall be vertical faced precast cement concrete curb or vertical faced granite curb with six-inch reveal.
§ 6.4.4 Stormwater Management Performance Standards.
The following Stormwater Management Performance Standards shall apply.
1.
The stormwater management system shall collect, convey, treat, and recharge stormwater in a manner which will ensure protection of property, preservation of water resources, minimization of environmental impacts, and protection of public and environmental health by providing adequate protection against pollution, flooding siltation and other problems caused by poor drainage.
2.
The stormwater management system shall adhere to standard engineering practice.
3.
The stormwater management system shall conform to the Massachusetts Department of Environmental Protection Stormwater Management Standards [310 CMR 10.05(6)(k) through 10.05(6)(q)].
4.
The stormwater management system shall generally conform to guidance provided in the current edition of the Massachusetts Department of Environmental Protection's Stormwater Handbook.
5.
The stormwater management system shall have sufficient capacity to accommodate the twenty-five-year-frequency storm event while maintaining open channel flow in drain lines.
6.
Stormwater detention and retention basins shall be designed to accommodate the 100-year-frequency design storm with one foot of freeboard and shall empty within 72 hours following cessation of precipitation and shall provide for a two-foot separation to groundwater. A ten-foot-wide access road shall be provided around the basin rim and accessing all structures. An emergency spillway above the 100-year design elevation of the basin shall be provided.
7.
The stormwater management system shall provide for recharge of a volume equal to the entire one-year-frequency storm event and shall provide for no increase in the peak rate of discharge for the 100-year-frequency storm event.
8.
The stormwater management system shall provide a treatment train for the water quality volume that reduces the contaminant burden in stormwater to the maximum extent possible (MEP) using best management practices (BMPs).
9.
The stormwater management system shall maintain predevelopment drainage patterns and predevelopment hydrological conditions in groundwater and surface waters and shall avoid any increase in the peak rate of stormwater discharge at the property boundary for each storm event up to the 100-year-frequency storm event.
10.
The stormwater management system shall incorporate a strategy for source control and best management practices (BMPs).
11.
The stormwater management system shall recharge roof water in separate facilities.
12.
The stormwater management system shall protect or enhance resource areas subject to regulation under the Massachusetts Wetlands Protection Act (MGL c. 131, § 40) and shall avoid new point source discharges within 100 feet of bordering vegetated wetlands.
13.
The stormwater management system shall utilize low-impact design where practicable.
14.
The stormwater management system shall include stormwater BMPs that abate phosphorous levels in accordance with the Massachusetts Stormwater Handbook.
15.
The stormwater management system shall utilize an operation and maintenance (O&M) plan that complies with DEP guidelines and ensures proper function of the stormwater management system and provides an acceptable future maintenance burden.
16.
The closed stormwater collection system shall consist of precast concrete drain manholes, precast concrete catch basins, precast concrete water quality structures connected by straight segments of drain line.
17.
Separator structures shall be provided upgradient of all surface stormwater basins and subsurface absorption systems and shall treat the water quality volume and shall have a bypass capability for larger storms.
§ 6.4.5 Buildings Performance Standards.
The following Performance Standards shall apply to buildings.
1.
Design of buildings shall be compatible in height, mass, architectural character, fenestration, color, and cladding with the character of other buildings on the lot.
2.
Larger buildings shall be stepped, jogged or angled in order to reduce bulk and mass.
3.
Facades shall blend with other structures in the surrounding area with regard to the dominant vertical or horizontal expression.
4.
Facades of buildings visible from streets and abutting property shall be carefully designed and shall incorporate compatible architectural elements as appropriate. All facades shall have door or window openings.
5.
The proportions and relationships between doors and windows should be compatible with the architectural style and character of other structures on the lot.
6.
The relationship of a structure to the open space between it and adjoining structures should be compatible.
7.
Architectural details, including signs, materials, colors and textures, shall be treated so as to be compatible with other buildings on the lot and should preserve and enhance the character of the surrounding areas.
8.
Buildings shall have painted or factory-finished lap siding, stained cedar shingles, fiber cement clapboards or shingles, natural and artificial stone and brick cladding with color approved by the Zoning Board of Appeals.
9.
Windows shall be compatible with the architectural style of the structure, and a consistent window design shall be utilized through the building and adjacent buildings.
10.
Mechanical equipment shall be screening and acoustically buffered and shall not be visible from ground level. Noise caused by such equipment shall neither exceed 70 dBA at the source nor exceed 55 dBA at the boundary of the property line.
§ 6.4.6 Landscaping Performance Standards.
The following Performance Standards shall apply to landscaping.
1.
Planting plans for facilities exceeding 60,000 square feet in floor area shall be prepared by a Massachusetts registered landscape architect.
2.
Landscaped areas shall be context-sensitive and designed to complement adjacent or nearby buildings, walkways, streets and parking areas.
3.
Landscaping shall be provided along the entire street frontage. Trees may be equally spaced or clustered, and a minimum of one shade tree shall be provided for each 40 feet of frontage.
4.
Screening shall be provided for dumpsters, exterior electric and mechanical equipment, and utility structures. Screening shall consist of evergreen trees and shrubs and shall be a minimum of two feet taller than the feature being screened at maturity. An opaque board fence having a minimum height of six feet shall be provided continuously adjacent to the element being screened.
5.
Landscaping shall consist primarily of native species to minimize maintenance, particularly water use. Plants included on the Massachusetts Department of Agricultural Resources' Massachusetts Prohibited Plant List (2006) are prohibited. Extensive monoplantings of a single species shall be avoided. A six-inch-thick loam layer shall be provided for all areas within the limit of construction, excluding buildings and paved areas.
6.
All plants shall be nursery-grown, healthy, vigorous growing, and true to form and shape. Shade trees shall be deciduous hardwood trees and shall have a minimum caliper of 2 1/2 inches to three inches at the time of planting. Flowering trees shall have a minimum caliper of 2 1/2 inches to three inches at the time of planting. Coniferous trees shall be 10 feet to 12 feet in height at the time of planting. Shrubs shall be 18 inches to 24 inches in height at the time of planting.
7.
Landscape maintenance shall comply with an integrated pest management plan. Use of fertilizer shall be minimized.
§ 6.5.1 Purpose.
The following performance standards have been adopted in order to control the size, scale, and impacts of nonresidential and multifamily developments in all districts that require a special permit and/or site plan review.
§ 6.5.2 Procedures; rules and regulations.
Applicants for special permits or site plan approval for nonresidential or multifamily uses shall comply with these Performance Standards. "Nonresidential or multifamily use" shall mean any nonresidential use or a multifamily dwelling or mixed use structure with three or more dwelling units. The SPGA or the Planning Board (as the case may be) may adopt rules and regulations for these Performance Standards. The SPGA or Planning Board may require the establishment of an escrow account, pursuant to MGL c. 44, § 53G during the special permit process or site plan approval, to cover all or part of the cost of the technical review required by the project, including services provided by, but not limited to, attorneys, traffic engineers, landscape architects, civil engineers, fiscal analysts, and other professionals.
§ 6.5.3 Exemptions.
The following are exempt from these special permit standards:
1.
Emergency response. Emergency responses performed by a private entity or a public agency and fire or burglar alarms.
2.
Municipal uses and structures. All uses and structures, including schools, leased, owned or operated by the Town.
3.
Events. Properly permitted or authorized parades, fairs or outdoor entertainment between the hours of 7:00 a.m. and 11:00 p.m.
§ 6.5.4 Lighting standards.
The proposed development shall not produce lighting so as to unreasonably interfere with the use and enjoyment of property within the Town. Lighting practices and systems shall i) reduce light pollution, light trespass and glare in order to preserve and enhance the natural, scenic, and aesthetic qualities of the Town; ii) conserve energy and decrease lighting cost without decreasing nighttime safety, security, and productivity; and iii) preserve the night sky as a natural resource to enhance nighttime enjoyment of property within the Town.
1.
Site lighting shall be designed with lower illumination levels consistent with IESNA recommended practice and shall minimize blue light emissions.
2.
Lighting systems shall have automated controls capable of reducing lighting levels outside business hours.
3.
Light trespass shall be limited to 0.5 foot-candle at the property line and there shall be no point sources of light visible from adjacent streets and properties.
4.
Pole heights shall be limited to 24 feet in parking areas and to 16 feet within 50 feet of on-site buildings. Pole height within 500 feet of Route I-95 may be increased to 34 feet, provided they are not visible from any residence.
5.
All lighting fixtures shall be "dark skies" compliant and shall limit upward-projecting light. All lighting fixtures shall have or be comparable to lighting fixtures having the International Dark Sky Association (IDA) Fixture Seal of Approval.
§ 6.5.5 Noise standards.
The proposed development shall not unreasonably interfere with the reasonable use and enjoyment of property within the Town as a result of the generation of noise. Practices and systems shall i) reduce noise pollution in order to preserve and enhance the natural and aesthetic qualities of the Town; ii) preserve property values; and iii) preserve neighborhood character.
1.
Limitation. No person or entity shall operate or cause to be operated any source of sound in a manner that creates a sound level of 10 dBA above ambient, as set forth in 310 CMR 7.10, measured at the property boundary of the receiving land use. The Inspector of Buildings shall enforce this limitation.
2.
Hours of operation. As a condition of any special permit or site plan approval, the SPGA or Planning Board may impose reasonable conditions to prohibit or regulate the hours of operation or practices of a proposed facility.
§ 6.5.6 Site development standards.
To the extent practicable, the proposed development shall be located to preserve and enhance the natural features of the site, to avoid disturbances of environmentally sensitive areas, to minimize adverse impacts of development on adjoining properties, to minimize the alteration of the natural features of the site and to preserve and enhance scenic points, historic buildings and places and similar community assets which add value and attractiveness to the development and the Town.
1.
Land disturbance. Site/building design shall preserve natural topography outside of the development footprint to reduce unnecessary land disturbance and to preserve natural drainage on the site.
2.
Replication. Clearing of vegetation and alteration of topography shall be replicated with native vegetation planted in disturbed areas as needed to enhance or restore wildlife habitat.
3.
Clearing for utility trenching. Clearing for utility trenching shall be limited to the minimum area necessary to maneuver a backhoe or other construction equipment. Roots should be cut cleanly rather than pulled or ripped out during utility trenching. Tunneling for utilities installation should be utilized wherever feasible to protect root systems of trees.
4.
Preservation of existing vegetation. Priority shall be given to the preservation of existing stands of trees, trees at site perimeter, contiguous vegetation with adjacent sites (particularly existing sites protected through conservation restrictions), and specimen trees. Understory vegetation beneath the dripline of preserved trees shall be retained in an undisturbed state. During clearing and/or construction activities, all vegetation to be retained shall be surrounded by temporary protective fencing or other measures before any clearing or grading occurs, and maintained until all construction work is completed and the site is cleaned up. Barriers shall be large enough to encompass the essential zone of all vegetation to be protected. All vegetation within the protective fencing shall be retained in an undisturbed state.
5.
Revegetation. Proper revegetation techniques shall be employed during construction using native plant species, proper seed bed preparation, fertilizer and mulching to protect germinating plants. Revegetation shall occur on cleared sites within seven calendar days of final grading and shall occur during the planting season appropriate to the selected plant species.
6.
Limit of clearing. Development envelopes for structures, driveways, wastewater disposal, lawn areas and utility work shall be designated to limit clearing and grading. In order to minimize the clearing and grading on a site associated with construction activities such as parking of construction vehicles, offices/trailers, stockpiling of equipment/materials, such activities may be limited to areas already planned for permanent structures. Topsoil shall not be stockpiled in areas of protected trees, wetlands, and/or their vegetated buffers.
7.
Finished grade. Finished grades should preserve, match, or blend with the natural contours and undulations of the land to the greatest extent possible. Finished grade shall be no higher than the trunk flare(s) of trees to be retained. The design of grade changes at the base of existing large trees shall be subject to the approval of the SPGA or Planning Board or its agent.
§ 6.5.7 Pedestrian and vehicular access; traffic management standards.
The proposed development and/or redevelopment shall be designed with a forecast for the next five years from the time of application to i) minimize hazards to public health and safety as a result of traffic; ii) provide safe access and circulation on the site for expected vehicles, pedestrians, and emergency vehicles; iii) provide off-site traffic mitigation, where required, to offset the impact of the development; iv) reduce the traffic impacts of the proposed development on the area and the Town by incorporating traffic management devices; and v) minimize the impact on scenic roads, historic districts, natural resources, and community character. The development shall not degrade safety for pedestrians, bicyclists, motor vehicle occupants, or property.
1.
Driveways. Each development shall be served by an adequate driveway. The SPGA or Planning Board may, in certain circumstances, allow additional driveways as a condition of approval where the access is shared or the project has frontage on two separate streets. All driveways shall be designed to afford adequate sight distance to pedestrians, bicyclists, and motorists exiting to public ways. Improvements may be required on the public way for vehicular turning movements in or out of the site and safe pedestrian access to adjoining sidewalks, paths, walking trails or bikeways.
2.
Curb cuts. Curb cuts shall be limited to the minimum width for safe entering and exiting, and shall in no case exceed 30 feet, unless waived by the SPGA or Planning Board for commercial truck traffic. The location of driveway openings in relation to traffic and to adjacent streets shall provide for the convenience and safety of vehicular and pedestrian movement within the site. The number of curb cuts on state and local roads shall be minimized.
3.
Interior circulation. The proposed development shall assure safe interior circulation within its site by separating pedestrian, bikeways, and vehicular traffic.
4.
Transportation Plan. As part of an overall Transportation Plan, the applicant shall submit a traffic study, prepared by a qualified traffic engineer licensed by the Commonwealth of Massachusetts, detailing the excepted traffic or parking impacts. For proposed development in excess of 25,000 gross square feet, or 100 parking spaces, the required traffic study shall substantially conform to the Institute of Transportation Engineers "Traffic Access and Impact Studies for Site Development: A Recommended Practice," latest edition (TIAS). The SPGA shall approve the geographic scope and content of the TIAS.
5.
TMC. For proposed development in excess of 25,000 square feet of gross floor area, or 100 parking spaces, the applicant shall submit a Traffic Management Component (TMC) as part of the Transportation Plan. The TMC shall provide information on the number of expected person trips to and from the site, broken down by various travel modes (e.g., single occupancy vehicle, carpool, walk, bicycle, commuter rail, shuttle bus, etc.). The TMC may also incorporate one or more of the following techniques to reduce the number of single occupancy vehicle trips by employees coming to and departing from the proposed use:
a.
Establishment of or contribution to a Traffic Management Association (TMA) within the region, which shall provide shuffle services for employees and other services as may be appropriate;
b.
Employee carpools or vanpools sponsored by the employer or the TMA;
c.
Subsidized commuter rail passes, provided by the employer, and sold on the site or offered through payroll deduction;
d.
Monetary incentives to employees who do not use a parking space;
e.
On-site shower facilities and/or bicycle racks for employees who do not drive to work;
f.
Other techniques as may be deemed appropriate by the SPGA or Planning Board or its traffic consultant.
6.
Sight distance. Acceptable sight distance shall be provided and maintained at all access locations, egress locations, and all intersections affected by the development. At a minimum, these site distances shall meet the stricter of the Massachusetts Highway Department and American Association of State Highway Transportation Officials standards for safe-stopping sight distances.
7.
Mitigation. The SPGA or Planning Board may require as a condition of any special permit off-site improvements to mitigate the impact of the proposed development. Such improvements include intersection widening and traffic signals or the components of the TMC. Traffic calming measures such as crosswalks, bike lanes, rumble strips and landscaped islands may be required.
8.
Pedestrian and bicycle safety. All development and redevelopment shall provide for pedestrian and bicyclist connections on the property, and allow for possible future connections with adjoining properties, where deemed appropriate by the SPGA or Planning Board. Pedestrian access shall connect to all building entrances with further connections to local pedestrian arteries. Sidewalks, crosswalks, walkways, bike racks or other pedestrian access shall be provided to allow access to adjacent properties and between individual businesses within a development.
9.
Location of parking areas. Where feasible, the SPGA or Planning Board may require parking areas to be located to the side or behind buildings so as to provide an appropriate setting for the building within the context of the site and neighborhood and allow parking areas to be shared with adjacent businesses. The SPGA or Planning Board may require alternative studies of parking area layouts. Except where physical constraints, site configuration, or safety considerations preclude strict compliance, all parking must be accessible by driveways to the parking areas of adjacent nonresidential uses and land zoned for nonresidential uses. The SPGA or Planning Board may prohibit parking within the required front setback.
§ 6.5.8 Waiver of standards.
The SPGA or Planning Board, in the course of granting a special permit or site plan approval for nonresidential or multifamily development as defined in § 6.4.1, may waive any of these performance standards where such waiver is not inconsistent with public health and safety, and where such waiver does not derogate from the purposes of this section because the proposed development will adequately serve the goals and objectives set forth in § 6.5.1, hereof.
§ 6.5.9 Enforcement.
Issuance of an occupancy permit is contingent upon compliance with all conditions set forth in any special permit or site plan approval, including conditions required by this § 6.5. The SPGA or Planning Board may ensure compliance with these performance standards at the application stage by requiring evidence of probable compliance, whether by example of similar facilities or by engineering analysis, verified by technical peer review. In addition, the SPGA or Planning Board may require a monitoring program post-permit issuance for compliance purposes for a time period as may be specified in the special permit or site plan approval.